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VOLUME 5
Titles 46 through 59
2002
REVISED CODE OF WASHINGTON
Published under the authority of chapter 1.08 RCW.
Containing all laws of a general and permanent nature through the 2002 regular session, which adjourned sine
die March 14, 2002.
(2002 Ed.)
[Preface—p i]
REVISED CODE OF WASHINGTON
2002 Edition
©
2002 State of Washington
CERTIFICATE
The 2002 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in
accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.
JOHN G. SCHULTZ, Chair,
STATUTE LAW COMMITTEE
[Preface—p ii]
(2002 Ed.)
PREFACE
Numbering system: The number of each section of this code is made up of three parts, in sequence as
follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW
1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits,
constitutes a true decimal, and provides a facility for numbering new sections to be inserted between old sections
already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters
of the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers
between original sections so that for a time new sections may be inserted without extension of the section number
beyond three digits.
Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An
RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section
should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series
of sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030.
History of the Revised Code of Washington; Source notes: The Revised Code of Washington was adopted
by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances
from the language and organization of the session laws from which it was derived, including a variety of divisions
and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in exercise
of the powers contained in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means
of a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law
source, but retaining the general codification scheme originally adopted. An audit trail of this activity has been
preserved in the concluding segments of the source note of each section of the code so affected. The legislative
source of each section is enclosed in brackets [ ] at the end of the section. Reference to session laws is
abbreviated; thus "1891 c 23 § 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135,
page 99, Laws of 1854. "Prior" indicates a break in the statutory chain, usually a repeal and reenactment. "RRS
or Rem. Supp.——" indicates the parallel citation in Remington’s Revised Code, last published in 1949.
Where, before restoration, a section of this code constituted a consolidation of two or more sections of the
session laws, or of sections separately numbered in Remington’s, the line of derivation is shown for each
component section, with each line of derivation being set off from the others by use of small Roman numerals,
"(i)," "(ii)," etc.
Where, before restoration, only a part of a session law section was reflected in a particular RCW section the
history note reference is followed by the word "part."
"Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves
the record of original codification.
Double amendments: Some double or other multiple amendments to a section made without reference to each
other are set out in the code in smaller (8-point) type. See RCW 1.12.025.
Index: Titles 1 through 91 are indexed in the RCW General Index. Separate indexes are provided for the
Rules of Court and the State Constitution.
Sections repealed or decodified; Disposition table: Memorials to RCW sections repealed or decodified are
tabulated in numerical order in the table entitled "Disposition of former RCW sections."
Codification tables: To convert a session law citation to its RCW number (for Laws of 1951 or later) consult
the codification tables. A similar table is included to relate the disposition in RCW of sections of Remington’s
Revised Statutes.
Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative
process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These
additions do not constitute any part of the law.
(2) Although considerable care has been taken in the production of this code, within the limits of available time
and facilities it is inevitable that in so large a work that there will be errors, both mechanical and of judgment.
When those who use this code detect errors in particular sections, a note citing the section involved and the nature
of the error may be sent to: Code Reviser, Box 40551, Legislative Building, Olympia, WA 98504-0551, so that
correction may be made in a subsequent publication.
(2002 Ed.)
[Preface—p iii]
TITLES OF THE REVISED CODE OF WASHINGTON
1
2
3
4
5
6
7
8
9
9A
10
11
12
13
14
15
16
17
18
19
20
21
22
23
23B
24
25
26
27
28A
28B
28C
29
30
31
32
33
34
35
35A
36
37
38
39
40
41
42
43
44
46
General provisions
Judicial
Courts of record
District courts—Courts of limited jurisdiction
Civil procedure
Evidence
Enforcement of judgments
Special proceedings and actions
Eminent domain
Crimes and punishments
Washington Criminal Code
Criminal procedure
Probate and trust law
District courts—Civil procedure
Juvenile courts and juvenile offenders
Aeronautics
Agriculture
Agriculture and marketing
Animals and livestock
Weeds, rodents, and pests
Businesses and professions
Businesses and professions
Business regulations—Miscellaneous
Commission merchants—Agricultural products
Securities and investments
Warehousing and deposits
Corporations, associations, and partnerships
Corporations and associations (Profit)
Washington business corporation act
Corporations and associations (Nonprofit)
Partnerships
Domestic relations
Education
Libraries, museums, and historical activities
Common school provisions
Higher education
Vocational education
Elections
Financial institutions
Banks and trust companies
Miscellaneous loan agencies
Mutual savings banks
Savings and loan associations
Government
Administrative law
Cities and towns
Optional Municipal Code
Counties
Federal areas—Indians
Militia and military affairs
Public contracts and indebtedness
Public documents, records, and publications
Public employment, civil service, and pensions
Public officers and agencies
State government—Executive
State government—Legislative
Highways and motor vehicles
Motor vehicles
[Preface—p iv]
47
48
Public highways and transportation
Insurance
Labor
49
Labor regulations
50
Unemployment compensation
51
Industrial insurance
Local service districts
52
Fire protection districts
53
Port districts
54
Public utility districts
55
Sanitary districts
57
Water-sewer districts
Property rights and incidents
58
Boundaries and plats
59
Landlord and tenant
60
Liens
61
Mortgages, deeds of trust, and real estate contracts
62A Uniform Commercial Code
63
Personal property
64
Real property and conveyances
65
Recording, registration, and legal publication
Public health, safety, and welfare
66
Alcoholic beverage control
67
Sports and recreation—Convention facilities
68
Cemeteries, morgues, and human remains
69
Food, drugs, cosmetics, and poisons
70
Public health and safety
71
Mental illness
71A Developmental disabilities
72
State institutions
73
Veterans and veterans’ affairs
74
Public assistance
Public resources
76
Forests and forest products
77
Fish and wildlife
78
Mines, minerals, and petroleum
79
Public lands
79A Public recreational lands
Public service
80
Public utilities
81
Transportation
Taxation
82
Excise taxes
83
Estate taxation
84
Property taxes
Waters
85
Diking and drainage
86
Flood control
87
Irrigation
88
Navigation and harbor improvements
89
Reclamation, soil conservation, and land settlement
90
Water rights—Environment
91
Waterways
(2002 Ed.)
Title 46
MOTOR VEHICLES
Chapters
46.01
46.04
46.08
46.09
46.10
46.12
46.16
46.20
46.21
46.23
46.25
46.29
46.30
46.32
46.37
46.38
46.39
46.44
46.48
46.52
46.55
46.61
46.63
46.64
46.65
46.68
46.70
46.71
46.72
46.72A
46.73
46.74
46.76
46.79
46.80
46.81
46.81A
46.82
46.83
46.85
46.87
46.88
46.90
46.94
46.96
46.98
(2002 Ed.)
Department of licensing.
Definitions.
General provisions.
Off-road and nonhighway vehicles.
Snowmobiles.
Certificates of ownership and registration.
Vehicle licenses.
Drivers’ licenses—Identicards.
Driver license compact.
Nonresident violator compact.
Uniform Commercial Driver’s License Act.
Financial responsibility.
Mandatory liability insurance.
Vehicle inspection.
Vehicle lighting and other equipment.
Vehicle equipment safety compact.
Interstate compact for school bus safety.
Size, weight, load.
Transportation of hazardous materials.
Accidents—Reports—Abandoned vehicles.
Towing and impoundment.
Rules of the road.
Disposition of traffic infractions.
Enforcement.
Washington Habitual Traffic Offenders Act.
Disposition of revenue.
Dealers and manufacturers.
Automotive repair.
Transportation of passengers in for hire
vehicles.
Limousines.
Private carrier drivers.
Ride sharing.
Motor vehicle transporters.
Hulk haulers and scrap processors.
Vehicle wreckers.
Traffic safety education courses.
Motorcycle skills education program.
Driver training schools.
Traffic schools.
Reciprocal or proportional registration of
vehicles.
Proportional registration.
Out-of-state commercial vehicles—Intrastate
permits.
Washington Model Traffic Ordinance.
Motorcycle dealers’ franchise act.
Manufacturers’ and dealers’ franchise agreements.
Construction.
Aircraft and airman regulations: Chapter 14.16 RCW.
Aircraft dealers: Chapter 14.20 RCW.
Ambulances and drivers: RCW 70.54.060, 70.54.065.
Auto transportation companies: Title 81 RCW.
Bicycles, regulation by cities: Chapter 35.75 RCW.
Buses, unlawful conduct on: RCW 9.91.025.
Consumer protection: Chapter 19.86 RCW.
Crimes
controlled substances, seizure and forfeiture of vehicles: RCW 69.50.505.
driving while intoxicated while engaged in occupational duties: RCW
9.91.020.
firearms in vehicle: RCW 9.41.050, 9.41.060.
taking motor vehicle without permission: RCW 9A.56.070.
vehicle prowling: RCW 9A.52.095, 9A.52.100.
Emission control program: Chapter 70.120 RCW.
Explosives, regulation: Chapter 70.74 RCW.
Fireworks, regulation, transportation: Chapter 70.77 RCW.
Highway funds, use, constitutional limitations: State Constitution Art. 2 §
40 (Amendment 18).
Hulk haulers and scrap processors: Chapter 46.79 RCW.
Juveniles, court to forward record to director of licensing: RCW 13.50.200.
Leases: Chapter 62A.2A RCW.
"Lemon Law": Chapter 19.118 RCW.
Limited access highways, violations: RCW 47.52.120.
Littering: Chapter 70.93 RCW.
Marine employees—Public employment relations: Chapter 47.64 RCW.
Motor boat regulation: Chapter 79A.60 RCW.
Motor vehicle
fuel tax: Chapter 82.36 RCW.
use tax: Chapter 82.12 RCW.
Motor vehicle fund income from United States securities—Exemption from
reserve fund requirement: RCW 43.84.095.
State patrol: Chapter 43.43 RCW.
Toll bridges: Chapters 47.56, 47.60 RCW.
Traffic control at work sites: RCW 47.36.200 through 47.36.230.
Traffic safety commission: Chapter 43.59 RCW.
Warranties, express: Chapter 19.118 RCW.
Chapter 46.01
DEPARTMENT OF LICENSING
Sections
46.01.011
46.01.020
46.01.030
46.01.040
46.01.070
46.01.100
46.01.110
46.01.115
46.01.130
Purpose.
Department created.
Administration and improvement of certain motor vehicle
laws.
Powers, duties, and functions relating to motor vehicle laws
vested in department.
Functions performed by state patrol as agent for director of
licenses transferred to department.
Organization of department.
Rule-making authority.
Rules to implement 1998 c 165.
Powers of department and director—Personnel—
Appointment of county auditors as agents.
[Title 46 RCW—page 1]
Chapter 46.01
Title 46 RCW: Motor Vehicles
46.01.140
Special deputies and subagents of director—Disposition of
application fees.
46.01.150 Branch offices.
46.01.160 Forms for applications, licenses, and certificates.
46.01.170 Seal.
46.01.180 Oaths and acknowledgments.
46.01.190 Designation of state patrol as agent for surrender of drivers’
licenses.
46.01.230 Payment by check or money order—Regulations—Surrender
of canceled license—Handling fee for dishonored
checks.
46.01.235 Payment by credit or debit card.
46.01.250 Certified copies of records—Fee.
46.01.260 Destruction of records by director.
46.01.270 Destruction of records by county auditor.
46.01.290 Director to make annual reports to governor.
46.01.310 Immunity of licensing agents.
46.01.320 Title and registration advisory committee.
46.01.325 Agent and subagent fees—Analysis and evaluation.
46.01.330 Facilities siting coordination.
46.01.340 Data base of fuel dealer and distributor license information.
46.01.350 Fuel tax advisory group.
46.01.360 Fees—Study and adjustment.
Extension or modification of licensing, certification, or registration period
authorized—Rules and regulations, manner and content: RCW
43.24.140.
Gambling commission, administrator and staff for: RCW 9.46.080.
Health, department of, functions transferred to: RCW 43.70.901.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
46.01.011 Purpose. The legislature finds that the
department of licensing administers laws relating to the
licensing and regulation of professions, businesses, gambling,
and other activities in addition to administering laws relating
to the licensing and regulation of vehicles and vehicle
operators, dealers, and manufacturers. The laws administered by the department have the common denominator of
licensing and regulation and are directed toward protecting
and enhancing the well-being of the residents of the state.
[1994 c 92 § 500; 1979 c 158 § 113; 1977 ex.s. c 334 § 1.]
Effective date—1977 ex.s. c 334: "This 1977 amendatory act shall
take effect on July 1, 1977." [1977 ex.s. c 334 § 8.]
46.01.020 Department created. A department of the
government of this state to be known as the "department of
licensing" is hereby created. [1979 c 158 § 114; 1977 ex.s.
c 334 § 2; 1965 c 156 § 2.]
Effective date—1977 ex.s. c 334: See note following RCW
46.01.011.
46.01.030 Administration and improvement of
certain motor vehicle laws. The department shall be
responsible for administering and recommending the improvement of the motor vehicle laws of this state relating to:
(1) driver examining and licensing;
(2) driver improvement;
(3) driver records;
(4) financial responsibility;
(5) certificates of ownership;
(6) certificates of license registration and license plates;
(7) proration and reciprocity;
(8) liquid fuel tax collections;
(9) licensing of dealers, motor vehicle transporters,
motor vehicle wreckers, for hire vehicles, and drivers’
schools;
[Title 46 RCW—page 2]
(10) general highway safety promotion in cooperation
with the Washington state patrol and traffic safety commission;
(11) such other activities as the legislature may provide.
[1990 c 250 § 14; 1965 c 156 § 3.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.01.040 Powers, duties, and functions relating to
motor vehicle laws vested in department. The department
of licensing is vested with all powers, functions, and duties
with respect to and including the following:
(1) The motor vehicle fuel excise tax as provided in
chapter 82.36 RCW;
(2) The special fuel tax as provided in chapter 82.38
RCW;
(3) The motor vehicle excise tax as provided in chapter
82.44 RCW;
(4) The house trailer excise tax as provided in chapter
82.50 RCW;
(5) All general powers and duties relating to motor
vehicles as provided in chapter 46.08 RCW;
(6) Certificates of ownership and registration as provided in chapters 46.12 and 46.16 RCW;
(7) The registration and licensing of motor vehicles as
provided in chapters 46.12 and 46.16 RCW;
(8) Dealers’ licenses as provided in chapter 46.70 RCW;
(9) The licensing of motor vehicle transporters as
provided in chapter 46.76 RCW;
(10) The licensing of *motor vehicle wreckers as
provided in chapter 46.80 RCW;
(11) The administration of the laws relating to reciprocal
or proportional registration of motor vehicles as provided in
chapter 46.85 RCW;
(12) The licensing of passenger vehicles for hire as
provided in chapter 46.72 RCW;
(13) Operators’ licenses as provided in chapter 46.20
RCW;
(14) Commercial driver training schools as provided in
chapter 46.82 RCW;
(15) Financial responsibility as provided in chapter
46.29 RCW;
(16) Accident reporting as provided in chapter 46.52
RCW;
(17) Disposition of revenues as provided in chapter
46.68 RCW; and
(18) The administration of all other laws relating to
motor vehicles vested in the director of licenses on June 30,
1965. [1983 c 3 § 117; 1979 c 158 § 115; 1965 c 156 § 4.]
*Reviser’s note: "Motor vehicle wrecker" redesignated "vehicle
wrecker" by 1995 c 256.
46.01.070 Functions performed by state patrol as
agent for director of licenses transferred to department.
Functions named in RCW 46.01.030 which have been
performed by the state patrol as agent of the director of
licenses before June 30, 1965 shall be performed by the
department of licensing after June 30, 1965. [1979 c 158 §
118; 1965 c 156 § 7.]
46.01.100 Organization of department. Directors
shall organize the department in such manner as they may
(2002 Ed.)
Department of Licensing
deem necessary to segregate and conduct the work of the
department. [1990 c 250 § 16; 1965 c 156 § 10.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.01.110 Rule-making authority. The director of
licensing is hereby authorized to adopt and enforce such
reasonable rules as may be consistent with and necessary to
carry out the provisions relating to vehicle licenses, certificates of ownership and license registration and drivers’
licenses not in conflict with the provisions of Title 46 RCW:
PROVIDED, That the director of licensing may not adopt
rules after July 23, 1995, that are based solely on a section
of law stating a statute’s intent or purpose, on the enabling
provisions of the statute establishing the agency, or on any
combination of such provisions, for statutory authority to
adopt any rule. [1995 c 403 § 108; 1979 c 158 § 120; 1965
c 156 § 11; 1961 c 12 § 46.08.140. Prior: 1937 c 188 § 79;
RRS § 6312-79. Formerly RCW 46.08.140.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
46.01.115 Rules to implement 1998 c 165. The
department of licensing may adopt rules as necessary to
implement chapter 165, Laws of 1998. [1998 c 165 § 14.]
Effective date—1998 c 165 §§ 8-14: See note following RCW
46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
46.01.130 Powers of department and director—
Personnel—Appointment of county auditors as agents.
The department of licensing shall have the general supervision and control of the issuing of vehicle licenses and
vehicle license number plates and shall have the full power
to do all things necessary and proper to carry out the
provisions of the law relating to the licensing of vehicles; the
director shall have the power to appoint and employ deputies, assistants and representatives, and such clerks as may be
required from time to time, and to provide for their operation
in different parts of the state, and the director shall have the
power to appoint the county auditors of the several counties
as his agents for the licensing of vehicles. [1979 c 158 §
121; 1973 c 103 § 2; 1971 ex.s. c 231 § 8; 1965 c 156 § 13;
1961 c 12 § 46.08.090. Prior: 1937 c 188 § 26; RRS §
6312-26; prior: 1921 c 96 § 3, part; 1917 c 155 § 2, part;
1915 c 142 § 3, part. Formerly RCW 46.08.090.]
Severability—1973 c 103: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 103 § 9.]
Effective date—1971 ex.s. c 231: "(1) Sections 1 through 7 of this
1971 amendatory act shall take effect on January 1, 1972.
(2) Sections 8 through 23 of this 1971 amendatory act shall take effect
on January 1, 1973." [1971 ex.s. c 231 § 24.]
46.01.140 Special deputies and subagents of director—Disposition of application fees. (1) The county
auditor, if appointed by the director of licensing shall carry
out the provisions of this title relating to the licensing of
vehicles and the issuance of vehicle license number plates
under the direction and supervision of the director and may
(2002 Ed.)
46.01.100
with the approval of the director appoint assistants as special
deputies and recommend subagents to accept applications
and collect fees for vehicle licenses and transfers and to
deliver vehicle license number plates.
(2) A county auditor appointed by the director may
request that the director appoint subagencies within the
county.
(a) Upon authorization of the director, the auditor shall
use an open competitive process including, but not limited
to, a written business proposal and oral interview to determine the qualifications of all interested applicants.
(b) A subagent may recommend a successor who is
either the subagent’s sibling, spouse, or child, or a subagency employee, as long as the recommended successor participates in the open, competitive process used to select an
applicant. In making successor recommendation and
appointment determinations, the following provisions apply:
(i) If a subagency is held by a partnership or corporate
entity, the nomination must be submitted on behalf of, and
agreed to by, all partners or corporate officers.
(ii) No subagent may receive any direct or indirect
compensation or remuneration from any party or entity in
recognition of a successor nomination. A subagent may not
receive any financial benefit from the transfer or termination
of an appointment.
(iii) (a) and (b) of this subsection are intended to assist
in the efficient transfer of appointments in order to minimize
public inconvenience. They do not create a proprietary or
property interest in the appointment.
(c) The auditor shall submit all proposals to the director,
and shall recommend the appointment of one or more
subagents who have applied through the open competitive
process. The auditor shall include in his or her recommendation to the director, not only the name of the successor
who is a relative or employee, if applicable and if otherwise
qualified, but also the name of one other applicant who is
qualified and was chosen through the open competitive
process. The director has final appointment authority.
(3)(a) A county auditor who is appointed as an agent by
the department shall enter into a standard contract provided
by the director, developed with the advice of the title and
registration advisory committee.
(b) A subagent appointed under subsection (2) of this
section shall enter into a standard contract with the county
auditor, developed with the advice of the title and registration advisory committee. The director shall provide the
standard contract to county auditors.
(c) The contracts provided for in (a) and (b) of this
subsection must contain at a minimum provisions that:
(i) Describe the responsibilities, and where applicable,
the liability, of each party relating to the service expectations
and levels, equipment to be supplied by the department, and
equipment maintenance;
(ii) Require the specific type of insurance or bonds so
that the state is protected against any loss of collected motor
vehicle tax revenues or loss of equipment;
(iii) Specify the amount of training that will be provided
by the state, the county auditor, or subagents;
(iv) Describe allowable costs that may be charged to
vehicle licensing activities as provided for in (d) of this
subsection;
[Title 46 RCW—page 3]
46.01.140
Title 46 RCW: Motor Vehicles
(v) Describe the causes and procedures for termination
of the contract, which may include mediation and binding
arbitration.
(d) The department shall develop procedures that will
standardize and prescribe allowable costs that may be
assigned to vehicle licensing and vessel registration and title
activities performed by county auditors.
(e) The contracts may include any provision that the
director deems necessary to ensure acceptable service and
the full collection of vehicle and vessel tax revenues.
(f) The director may waive any provisions of the
contract deemed necessary in order to ensure that readily
accessible service is provided to the citizens of the state.
(4)(a) At any time any application is made to the
director, the county auditor, or other agent pursuant to any
law dealing with licenses, registration, or the right to operate
any vehicle or vessel upon the public highways or waters of
this state, excluding applicants already paying such fee under
RCW 46.16.070 or 46.16.085, the applicant shall pay to the
director, county auditor, or other agent a fee of three dollars
for each application in addition to any other fees required by
law.
(b) Counties that do not cover the expenses of vehicle
licensing and vessel registration and title activities may
submit to the department a request for cost-coverage moneys. The request must be submitted on a form developed by
the department. The department shall develop procedures to
verify whether a request is reasonable. Payment shall be
made on requests found to be allowable from the licensing
services account.
(c) Applicants for certificates of ownership, including
applicants paying fees under RCW 46.16.070 or 46.16.085,
shall pay to the director, county auditor, or other agent a fee
of four dollars in addition to any other fees required by law.
(d) The fees under (a) and (c) of this subsection, if paid
to the county auditor as agent of the director, or if paid to a
subagent of the county auditor, shall be paid to the county
treasurer in the same manner as other fees collected by the
county auditor and credited to the county current expense
fund. If the fee is paid to another agent of the director, the
fee shall be used by the agent to defray his or her expenses
in handling the application.
(e) Applicants required to pay the three-dollar fee
established under (a) of this subsection, must pay an additional fifty cents, which must be collected and remitted to
the state treasurer for deposit into the department of licensing services account of the motor vehicle fund. Revenue
deposited into this account must be used for agent and
subagent support, which is to include but not be limited to
the replacement of department-owned equipment in the
possession of agents and subagents.
(5) A subagent shall collect a service fee of (a) eight
dollars and fifty cents for changes in a certificate of ownership, with or without registration renewal, or verification of
record and preparation of an affidavit of lost title other than
at the time of the title application or transfer and (b) three
dollars and fifty cents for registration renewal only, issuing
a transit permit, or any other service under this section.
(6) If the fee is collected by the state patrol as agent for
the director, the fee so collected shall be certified to the state
treasurer and deposited to the credit of the state patrol
highway account. If the fee is collected by the department
[Title 46 RCW—page 4]
of transportation as agent for the director, the fee shall be
certified to the state treasurer and deposited to the credit of
the motor vehicle fund. All such fees collected by the
director or branches of his office shall be certified to the
state treasurer and deposited to the credit of the highway
safety fund.
(7) Any county revenues that exceed the cost of
providing vehicle licensing and vessel registration and title
activities in a county, calculated in accordance with the
procedures in subsection (3)(d) of this section, shall be
expended as determined by the county legislative authority
during the process established by law for adoption of county
budgets.
(8) The director may adopt rules to implement this
section. [2001 c 331 § 1; 1996 c 315 § 1; 1992 c 216 § 1;
1991 c 339 § 16; 1990 c 250 § 89; 1988 c 12 § 1; 1987 c
302 § 1; 1985 c 380 § 12. Prior: 1983 c 77 § 1; 1983 c 26
§ 1; 1980 c 114 § 2; 1979 c 158 § 122; 1975 1st ex.s. c 146
§ 1; 1973 c 103 § 1; 1971 ex.s. c 231 § 9; 1971 ex.s. c 91
§ 3; 1965 c 156 § 14; 1963 c 85 § 1; 1961 c 12 § 46.08.100;
prior: 1955 c 89 § 3; 1937 c 188 § 27; RRS § 6312-27.
Formerly RCW 46.08.100.]
Effective dates—1996 c 315 §§ 1, 4, 5: "(1) Section 4 of this act and
the amendments to RCW 46.01.140(4) (a) and (c) by section 1 of this act
become effective on vehicle fees due or to become due on January 1, 1997,
and thereafter.
(2) Section 5 of this act and the amendments to RCW 46.01.140(4) (a)
and (c) by section 1 of this act become effective on vessel fees due or to
become due on July 1, 1997, and thereafter.
(3) The amendments to RCW 46.01.140(5) (a) and (b) by section 1 of
this act become effective on July 1, 1996." [1996 c 315 § 6.]
Effective date—1991 c 339 §§ 16, 17: "Sections 16 and 17 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and shall take effect July 1, 1991." [1991 c 339 § 34.]
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—1987 c 302: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 302 § 5.]
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
Effective date—1971 ex.s. c 231: See note following RCW
46.01.130.
46.01.150 Branch offices. The department may
maintain such branch offices within the state as the director
may deem necessary properly to carry out the powers and
duties vested in the department. [1965 c 156 § 15.]
Office of department, maintenance at state capital: RCW 43.17.050.
46.01.160 Forms for applications, licenses, and
certificates. The director shall prescribe and provide
suitable forms of applications, certificates of ownership and
registration, drivers’ licenses and all other forms and licenses
requisite or deemed necessary to carry out the provisions of
Title 46 RCW and any other laws the enforcement and
administration of which are vested in the department. [1965
c 156 § 16.]
Director to prescribe forms for applications, licenses, and certificates:
RCW 43.24.040.
(2002 Ed.)
Department of Licensing
46.01.170 Seal. The department shall have an official
seal with the words "Department of Licensing of Washington" engraved thereon. [1977 ex.s. c 334 § 4; 1965 c 156 §
17.]
Effective date—1977 ex.s. c 334: See note following RCW
46.01.011.
46.01.180 Oaths and acknowledgments. Officers
and employees of the department designated by the director
are, for the purpose of administering the motor vehicle laws,
authorized to administer oaths and acknowledge signatures
and shall do so without fee. [1965 c 156 § 18.]
Oath of director: RCW 43.17.030.
46.01.190 Designation of state patrol as agent for
surrender of drivers’ licenses. The director of licensing
may designate the Washington state patrol as an agent to
secure the surrender of drivers’ licenses which have been
suspended, revoked, or canceled pursuant to law. [1979 c
158 § 123; 1965 c 156 § 19.]
46.01.230 Payment by check or money order—
Regulations—Surrender of canceled license—Handling
fee for dishonored checks. (1) The department of licensing
is authorized to accept checks and money orders for payment
of drivers’ licenses, certificates of ownership and registration, motor vehicle excise taxes, gross weight fees, and other
fees and taxes collected by the department, in accordance
with regulations adopted by the director. The director’s
regulations shall duly provide for the public’s convenience
consistent with sound business practice and shall encourage
the annual renewal of vehicle registrations by mail to the
department, authorizing checks and money orders for
payment. Such regulations shall contain provisions for
cancellation of any registrations, licenses, or permits paid for
by checks or money orders which are not duly paid and for
the necessary accounting procedures in such cases: PROVIDED, That any bona fide purchaser for value of a vehicle
shall not be liable or responsible for any prior uncollected
taxes and fees paid, pursuant to this section, by a check
which has subsequently been dishonored: AND PROVIDED
FURTHER, That no transfer of ownership of a vehicle may
be denied to a bona fide purchaser for value of a vehicle if
there are outstanding uncollected fees or taxes for which a
predecessor paid, pursuant to this section, by check which
has subsequently been dishonored nor shall the new owner
be required to pay any fee for replacement vehicle license
number plates that may be required pursuant to RCW
46.16.270 as now or hereafter amended.
(2) It is a traffic infraction to fail to surrender within ten
days to the department or any authorized agent of the
department any certificate, license, or permit after being
notified that such certificate, license, or permit has been
canceled pursuant to this section. Notice of cancellation may
be accomplished by sending a notice by first class mail using
the last known address in department records for the holder
of the certificate, license, or permit, and recording the
transmittal on an affidavit of first class mail.
(3) Whenever registrations, licenses, or permits have
been paid for by checks that have been dishonored by
nonacceptance or nonpayment, a reasonable handling fee
(2002 Ed.)
46.01.170
may be assessed for each such instrument. Notwithstanding
provisions of any other laws, county auditors, agents, and
subagents, appointed or approved by the director pursuant to
RCW 46.01.140, may collect restitution, and where they
have collected restitution may retain the reasonable handling
fee. The amount of the reasonable handling fee may be set
by rule by the director.
(4) In those counties where the county auditor has been
appointed an agent of the director under RCW 46.01.140, the
auditor shall continue to process mail-in registration renewals
until directed otherwise by legislative authority. [1994 c 262
§ 1; 1992 c 216 § 2; 1987 c 302 § 2; 1979 ex.s. c 136 § 39;
1979 c 158 § 124; 1975 c 52 § 1; 1965 ex.s. c 170 § 44.]
Severability—1987 c 302: See note following RCW 46.01.140.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.01.235 Payment by credit or debit card. The
department may adopt necessary rules and procedures to
allow use of credit and debit cards for payment of fees and
excise taxes to the department and its agents or subagents
related to vehicle and vessel titling and registration. The
department may establish a convenience fee to be paid by
the credit or debit card user whenever a credit or debit card
is chosen as the payment method. The fee must be sufficient to offset the charges imposed on the department and its
agents and subagents by credit and debit card companies. In
no event may the use of credit or debit cards authorized by
this section create a loss of revenue to the state.
The use of a personal credit card does not rely upon the
credit of the state as prohibited by Article VIII, section 5 of
the state Constitution. [1999 c 271 § 1.]
46.01.250 Certified copies of records—Fee. The
director shall have the power and it shall be his duty upon
request and payment of the fee as provided herein to furnish
under seal of the director certified copies of any records of
the department, except those for confidential use only. The
director shall charge and collect therefor the actual cost to
the department. Any funds accruing to the director of
licensing under this section shall be certified and sent to the
state treasurer and by him deposited to the credit of the
highway safety fund. [1979 c 158 § 125; 1967 c 32 § 3;
1961 c 12 § 46.08.110. Prior: 1937 c 188 § 80; RRS §
6312-80. Formerly RCW 46.08.110.]
46.01.260 Destruction of records by director. (1)
Except as provided in subsection (2) of this section, the
director, in his or her discretion, may destroy applications for
vehicle licenses, copies of vehicle licenses issued, applications for drivers’ licenses, copies of issued drivers’ licenses,
certificates of title and registration or other documents,
records or supporting papers on file in his or her office
which have been microfilmed or photographed or are more
than five years old. If the applications for vehicle licenses
are renewal applications, the director may destroy such
applications when the computer record thereof has been
updated.
(2)(a) The director shall not destroy records of convictions or adjudications of RCW 46.61.520 and 46.61.522 or
records of deferred prosecutions granted under RCW
[Title 46 RCW—page 5]
46.01.260
Title 46 RCW: Motor Vehicles
10.05.120 and shall maintain such records permanently on
file.
(b) The director shall not, within fifteen years from the
date of conviction or adjudication, destroy records of the
following:
(i) Convictions or adjudications of the following
offenses: RCW 46.61.502 or 46.61.504; or
(ii) If the offense was originally charged as one of the
offenses designated in (a) or (b)(i) of this subsection,
convictions or adjudications of the following offenses: RCW
46.61.500 or 46.61.5249 or any other violation that was
originally charged as one of the offenses designated in (a) or
(b)(i) of this subsection.
(c) For purposes of RCW 46.52.101 and 46.52.130,
offenses subject to this subsection shall be considered
"alcohol-related" offenses. [1999 c 86 § 2; 1998 c 207 § 3;
1997 c 66 § 11; 1996 c 199 § 4; 1994 c 275 § 14; 1984 c
241 § 1; 1971 ex.s. c 22 § 1; 1965 ex.s. c 170 § 45; 1961 c
12 § 46.08.120. Prior: 1955 c 76 § 1; 1951 c 241 § 1;
1937 c 188 § 77; RRS § 6312-77. Formerly RCW
46.08.120.]
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—1996 c 199: See note following RCW 9.94A.505.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.01.270 Destruction of records by county auditor.
The county auditor may destroy applications for vehicle
licenses and any copies of vehicle licenses issued after such
records have been on file in the auditor’s office for a period
of eighteen months, unless otherwise directed by the director.
[1991 c 339 § 18; 1967 c 32 § 4; 1961 c 12 § 46.08.130.
Prior: 1937 c 188 § 78; RRS § 6312-78. Formerly RCW
46.08.130.]
46.01.290 Director to make annual reports to
governor. The director shall report annually to the governor
on the activities of the department. [1977 c 75 § 66; 1967
c 32 § 5; 1965 c 28 § 1; 1961 ex.s. c 21 § 29. Formerly
RCW 46.08.200.]
46.01.310 Immunity of licensing agents. No civil
suit or action may ever be commenced or prosecuted against
any county auditor, or against any other government officer
or entity, or against any other person, by reason of any act
done or omitted to be done in connection with the titling, licensing, or registration of vehicles or vessels while administering duties and responsibilities as an agent of the director
of licensing, or as an agent of an agent of the director of
licensing, pursuant to RCW 46.01.140. However, this section does not bar the state of Washington or the director of
licensing from bringing any action, whether civil or criminal,
against any such agent, nor shall it bar a county auditor or
other agent of the director from bringing an action against
his or her agent. [1987 c 302 § 3.]
Retroactive application—1987 c 302 § 3: "Section 3 of this act shall
apply retroactively to all claims for which actions have not been filed before
May 8, 1987." [1987 c 302 § 4.]
Severability—1987 c 302: See note following RCW 46.01.140.
[Title 46 RCW—page 6]
46.01.320 Title and registration advisory committee.
The title and registration advisory committee is created
within the department. The committee consists of the
director or a designee, who shall serve as chair, the assistant
director for vehicle services, the administrator of title and
registration services, two members from each of the house
and senate transportation committees, two county auditors
nominated by the Washington association of county officials,
and two representatives of subagents nominated by an
association of vehicle subagents. The committee shall meet
at least twice a year, and may meet as often as is necessary.
The committee’s purpose is to foster communication
between the legislature, the department, county auditors, and
subagents. The committee shall make recommendations
when requested by the legislative transportation committee,
or on its own initiative, about revisions to fee structures,
implications of fee revisions on cost sharing, and the
development of standard contracts provided for in RCW
46.01.140(3). [1996 c 315 § 2; 1992 c 216 § 3.]
46.01.325 Agent and subagent fees—Analysis and
evaluation. (1) The director shall prepare, with the advice
of the title and registration advisory committee, an annual
comprehensive analysis and evaluation of agent and subagent
fees. The director shall make recommendations for agent
and subagent fee revisions approved by the title and registration advisory committee to the legislative transportation
committee by January 1st of every third year starting with
1996. Fee revision recommendations may be made more
frequently when justified by the annual analysis and evaluation, and requested by the title and registration advisory
committee.
(2) The annual comprehensive analysis and evaluation
must consider, but is not limited to:
(a) Unique and significant financial, legislative, or other
relevant developments that may impact fees;
(b) Current funding for ongoing operating and maintenance automation project costs affecting revenue collection
and service delivery;
(c) Future system requirements including an appropriate
sharing of costs between the department, agents, and
subagents;
(d) Beneficial mix of customer service delivery options
based on a fee structure commensurate with quality performance standards;
(e) Appropriate indices projecting state and national
growth in business and economic conditions prepared by the
United States department of commerce, the department of
revenue, and the revenue forecast council for the state of
Washington. [1996 c 315 § 3.]
46.01.330 Facilities siting coordination. The state
patrol and the department of licensing shall coordinate their
activities when siting facilities. This coordination shall result
in the collocation of driver and vehicle licensing and vehicle
inspection service facilities whenever possible.
The department and state patrol shall explore alternative
state services, such as vehicle emission testing, that would be
feasible to collocate in these joint facilities. The department
and state patrol shall reach agreement with the department of
transportation for the purposes of offering department of
(2002 Ed.)
Department of Licensing
transportation permits at these one-stop transportation
centers. All services provided at these transportation service
facilities shall be provided at cost to the participating agencies.
In those instances where the community need or the
agencies’ needs do not warrant collocation this section shall
not apply. [1993 sp.s. c 23 § 46.]
Effective dates—1993 sp.s. c 23: See note following RCW
43.89.010.
46.01.340 Data base of fuel dealer and distributor
license information. By December 31, 1996, the department of licensing shall implement a PC or server-based data
base of fuel dealer and distributor license application
information. [1996 c 104 § 17.]
46.01.350 Fuel tax advisory group. By July 1, 1996,
the department of licensing shall establish a fuel tax advisory
group comprised of state agency and petroleum industry
representatives to develop or recommend audit and investigation techniques, changes to fuel tax statutes and rules,
information protocols that allow sharing of information with
other states, and other tools that improve fuel tax administration or combat fuel tax evasion. [1996 c 104 § 18.]
46.01.360 Fees—Study and adjustment. To ensure
cost recovery for department of licensing services, the
department of licensing shall submit a fee study to the
transportation committees of the house of representatives and
the senate by December 1, 2003, and on a biennial basis
thereafter. Based on this fee study, the Washington state
legislature will review and adjust fees accordingly. [2002 c
352 § 27.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Chapter 46.04
DEFINITIONS
Sections
46.04.010
46.04.015
46.04.020
46.04.030
46.04.040
46.04.050
46.04.060
46.04.071
46.04.080
46.04.085
46.04.090
46.04.100
46.04.110
46.04.115
46.04.120
46.04.125
46.04.127
46.04.130
46.04.140
46.04.144
46.04.150
46.04.160
46.04.162
46.04.163
46.04.165
46.04.167
(2002 Ed.)
Scope and construction of terms.
Alcohol concentration.
Alley.
Arterial highway.
Authorized emergency vehicle.
Auto stage.
Axle.
Bicycle.
Business district.
Camper.
Cancel.
Center line.
Center of intersection.
Chauffeur.
City street.
Collector.
Collegiate license plates.
Combination of vehicles.
Commercial vehicle.
Cooper Jones Act license plate emblems.
County road.
Crosswalk.
Department.
Director.
Driveaway-towaway operation.
Driver education.
46.01.330
46.04.168
46.04.169
46.04.1695
46.04.170
46.04.180
46.04.181
46.04.182
46.04.183
46.04.187
46.04.190
46.04.194
46.04.195
46.04.197
46.04.200
46.04.215
Driving privilege withheld.
Electric-assisted bicycle.
Electric personal assistive mobility device (EPAMD).
Explosives.
Farm tractor.
Farm vehicle.
Farmer.
Farming.
Flammable liquid.
For hire vehicle.
Garbage truck.
Gross weight portion of the current combined licensing fees.
Highway.
Hours of darkness.
Ignition interlock device—Other biological or technical device—Definitions.
46.04.220 Intersection area.
46.04.240 Intersection control area.
46.04.251 Kit vehicle.
46.04.260 Laned highway.
46.04.270 Legal owner.
46.04.272 Lightweight stud.
46.04.274 Limousine, etc.
46.04.276 Limousine carrier.
46.04.280 Local authorities.
46.04.290 Marked crosswalk.
46.04.300 Metal tire.
46.04.302 Mobile home, manufactured home.
46.04.303 Modular home.
46.04.304 Moped.
46.04.305 Motor homes.
46.04.310 Motor truck.
46.04.320 Motor vehicle.
46.04.330 Motorcycle.
46.04.332 Motor-driven cycle.
46.04.340 Muffler.
46.04.350 Multiple lane highway.
46.04.355 Municipal transit vehicle.
46.04.360 Nonresident.
46.04.370 Operator or driver.
46.04.380 Owner.
46.04.381 Park or parking.
46.04.3815 Parts car.
46.04.382 Passenger car.
46.04.391 Police officer.
46.04.400 Pedestrian.
46.04.405 Person.
46.04.408 Photograph, picture, negative.
46.04.410 Pneumatic tires.
46.04.414 Pole trailer.
46.04.416 Private carrier bus.
46.04.420 Private road or driveway.
46.04.435 Public scale.
46.04.440 Railroad.
46.04.450 Railroad sign or signal.
46.04.455 Reasonable grounds.
46.04.460 Registered owner.
46.04.465 Rental car.
46.04.466 Rental car business.
46.04.470 Residence district.
46.04.480 Revoke.
46.04.490 Road tractor.
46.04.500 Roadway.
46.04.510 Safety zone.
46.04.521 School bus.
46.04.530 Semitrailer.
46.04.540 Sidewalk.
46.04.550 Solid tire.
46.04.552 Special mobile equipment.
46.04.555 Stand or standing.
46.04.560 State highway.
46.04.565 Stop.
46.04.566 Stop or stopping.
46.04.570 Street car.
46.04.571 Street rod vehicle.
46.04.580 Suspend.
[Title 46 RCW—page 7]
Chapter 46.04
Title 46 RCW: Motor Vehicles
46.04.582 Tandem axle.
46.04.585 Temporarily sojourning.
46.04.590 Traffic.
46.04.600 Traffic control signal.
46.04.611 Traffic-control devices.
46.04.620 Trailer.
46.04.622 Park trailer.
46.04.623 Travel trailer.
46.04.630 Train.
46.04.640 Trolley vehicle.
46.04.650 Tractor.
46.04.653 Truck.
46.04.655 Truck tractor.
46.04.660 Used vehicle.
46.04.670 Vehicle.
46.04.672 Vehicle or pedestrian right of way.
46.04.710 Wheelchair conveyance.
Abandoned, unauthorized, and junk vehicles, definitions relating to: RCW
46.55.010.
Certificates of ownership and registration, definitions relating to: RCW
46.12.005.
Commercial drivers’ licenses, definitions relating to: RCW 46.25.010.
"Conviction" defined: RCW 46.20.270.
Driver training schools, definitions relating to: RCW 46.82.280.
"Finding that a traffic infraction has been committed" defined: RCW
46.20.270.
"Habitual offender" defined: RCW 46.65.020.
"Ignition interlock, biological, technical devices" defined: RCW 46.20.710.
"Judgment" defined for purposes of financial responsibility: RCW
46.29.270.
"Motor vehicle dealer" defined: RCW 46.70.011.
"Motor vehicle liability policy" defined: RCW 46.29.490.
Off-road vehicles, definitions relating to: RCW 46.09.020.
"Proof of financial responsibility for the future" defined: RCW 46.29.260.
"Resident" defined: RCW 46.16.028, 46.20.021.
Snowmobiles, definitions relating to: RCW 46.10.010.
"State" defined for purposes of financial responsibility: RCW 46.29.270.
"Traffic infraction, finding that has been committed" defined: RCW
46.20.270.
46.04.010 Scope and construction of terms. Terms
used in this title shall have the meaning given to them in this
chapter except where otherwise defined, and unless where
used the context thereof shall clearly indicate to the contrary.
Words and phrases used herein in the past, present or
future tense shall include the past, present and future tenses;
words and phrases used herein in the masculine, feminine or
neuter gender shall include the masculine, feminine and
neuter genders; and words and phrases used herein in the
singular or plural shall include the singular and plural; unless
the context thereof shall indicate to the contrary. [1961 c 12
§ 46.04.010. Prior: 1959 c 49 § 2; prior: (i) 1943 c 153 §
1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1,
part; 1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 §
1, part; 1917 c 155 § 1, part; 1915 c 142 § 2, part; RRS §
6313, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part;
1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2,
part.]
46.04.015 Alcohol concentration. "Alcohol concentration" means (1) grams of alcohol per two hundred ten
liters of a person’s breath, or (2) grams of alcohol per one
hundred milliliters of a person’s blood. [1995 c 332 § 17;
1994 c 275 § 1.]
[Title 46 RCW—page 8]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—1994 c 275: "This act shall be known as the "1994
Omnibus Drunk Driving Act."" [1994 c 275 § 43.]
Effective date—1994 c 275: "This act shall take effect July 1, 1994."
[1994 c 275 § 46.]
46.04.020 Alley. "Alley" means a public highway not
designed for general travel and used primarily as a means of
access to the rear of residences and business establishments.
[1961 c 12 § 46.04.020. Prior: 1959 c 49 § 3; prior: 1937
c 189 § 1, part; RRS § 6360-1, part.]
46.04.030 Arterial highway. "Arterial highway"
means every public highway, or portion thereof, designated
as such by proper authority. [1961 c 12 § 46.04.030. Prior:
1959 c 49 § 4; prior: 1937 c 189 § 1, part; RRS § 6360-1,
part.]
46.04.040 Authorized emergency vehicle. "Authorized emergency vehicle" means any vehicle of any fire
department, police department, sheriff’s office, coroner,
prosecuting attorney, Washington state patrol, ambulance
service, public or private, which need not be classified,
registered or authorized by the state patrol, or any other
vehicle authorized in writing by the state patrol. [1987 c
330 § 701; 1961 c 12 § 46.04.040. Prior: 1959 c 49 § 5;
1953 c 40 § 1; prior: (i) 1943 c 153 § 1, part; 1937 c 188
§ 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189
§ 1, part; RRS § 6360-1, part.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
46.04.050 Auto stage. "Auto stage" means any motor
vehicle used for the purpose of carrying passengers together
with incidental baggage and freight or either, on a regular
schedule of time and rates: PROVIDED, That no motor
vehicle shall be considered to be an auto stage where
substantially the entire route traveled by such vehicle is
within the corporate limits of any city or town or the
corporate limits of any adjoining cities or towns. [1961 c 12
§ 46.04.050. Prior: 1959 c 49 § 6; prior: (i) 1943 c 153 §
1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1,
part; 1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 §
1, part; 1917 c 155 § 1, part; 1915 c 142 § 1, part; RRS §
6313, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.060 Axle. "Axle" means structure or structures
in the same or approximately the same transverse plane with
a vehicle supported by wheels and on which or with which
such wheels revolve. [1961 c 12 § 46.04.060. Prior: 1959
c 49 § 7; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1,
part; Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part;
RRS § 6313, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1,
part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS §
6362-2, part.]
46.04.071 Bicycle. "Bicycle" means every device
propelled solely by human power upon which a person or
persons may ride, having two tandem wheels either of which
is sixteen inches or more in diameter, or three wheels, any
(2002 Ed.)
Definitions
one of which is more than twenty inches in diameter. [1982
c 55 § 4; 1965 ex.s. c 155 § 86.]
46.04.080 Business district. "Business district" means
the territory contiguous to and including a highway when
within any six hundred feet along such highway there are
buildings in use for business or industrial purposes, including
but not limited to hotels, banks, or office buildings, railroad
stations, and public buildings which occupy at least three
hundred feet of frontage on one side or three hundred feet
collectively on both sides of the highway. [1975 c 62 § 2;
1961 c 12 § 46.04.080. Prior: 1959 c 49 § 9; prior: 1937
c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part;
1927 c 309 § 2, part; RRS § 6362-2, part.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.085 Camper. "Camper" means a structure
designed to be mounted upon a motor vehicle which provides facilities for human habitation or for temporary
outdoor or recreational lodging and which is five feet or
more in overall length and five feet or more in height from
its floor to its ceiling when fully extended, but shall not include motor homes as defined in RCW 46.04.305. [1971
ex.s. c 231 § 2.]
Effective date—1971 ex.s. c 231: See note following RCW
46.01.130.
46.04.071
46.04.125 Collector. "Collector" means the owner of
one or more vehicles described in RCW 46.16.305(1) who
collects, purchases, acquires, trades, or disposes of the
vehicle or parts of it, for his or her personal use, in order to
preserve, restore, and maintain the vehicle for hobby or
historical purposes. [1996 c 225 § 2.]
Finding—1996 c 225: "The legislature finds and declares that
constructive leisure pursuits by Washington citizens is most important. This
act is intended to encourage responsible participation in the hobby of
collecting, preserving, restoring, and maintaining motor vehicles of historic
and special interest, which hobby contributes to the enjoyment of the
citizens and the preservation of Washington’s automotive memorabilia."
[1996 c 225 § 1.]
46.04.127 Collegiate license plates. "Collegiate
license plates" means license plates that display a depiction
of the name and mascot or symbol of a state university,
regional university, or state college as defined in RCW
28B.10.016. [1994 c 194 § 1.]
46.04.130 Combination of vehicles. "Combination of
vehicles" means every combination of motor vehicle and
motor vehicle, motor vehicle and trailer or motor vehicle and
semitrailer. [1963 c 154 § 26; 1961 c 12 § 46.04.130.
Prior: 1959 c 49 § 14; prior: (i) 1943 c 153 § 1, part; 1937
c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937
c 189 § 1, part; RRS § 6360-1, part.]
Effective date—1963 c 154: See note following RCW 46.37.010.
46.04.090 Cancel. "Cancel," in all its forms, means
invalidation indefinitely. [1979 c 61 § 1; 1961 c 12 §
46.04.090. Prior: 1959 c 49 § 10; prior: (i) 1943 c 153 §
1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1,
part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.100 Center line. "Center line" means the line,
marked or unmarked, parallel to and equidistant from the
sides of a two-way traffic roadway of a highway except
where otherwise indicated by painted lines or markers.
[1975 c 62 § 3; 1961 c 12 § 46.04.100. Prior: 1959 c 49 §
11; prior: 1937 c 189 § 1, part; RRS § 6360-1, part.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.110 Center of intersection. "Center of intersection" means the point of intersection of the center lines of
the roadway of intersecting public highways. [1961 c 12 §
46.04.110. Prior: 1959 c 49 § 12; prior: 1937 c 189 § 1,
part; RRS § 6360-1, part.]
46.04.115 Chauffeur. "Chauffeur" means a person
authorized by the department under this title to drive a
limousine, and, if operating in a port district that regulates
limousines under RCW 46.72A.030(2), meets the licensing
requirements of that port district. [1996 c 87 § 1.]
46.04.120 City street. "City street" means every
public highway, or part thereof located within the limits of
cities and towns, except alleys. [1961 c 12 § 46.04.120.
Prior: 1959 c 49 § 13; prior: (i) 1943 c 153 § 1, part; 1937
c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937
c 189 § 1, part; RRS § 6360-1, part.]
(2002 Ed.)
46.04.140 Commercial vehicle. "Commercial
vehicle" means any vehicle the principal use of which is the
transportation of commodities, merchandise, produce, freight,
animals, or passengers for hire. [1961 c 12 § 46.04.140.
Prior: 1959 c 49 § 15; prior: (i) 1943 c 153 § 1, part; 1937
c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937
c 189 § 1, part; RRS § 6360-1, part.]
46.04.144 Cooper Jones Act license plate emblems.
"Cooper Jones Act license plate emblems" means emblems
on valid Washington license plates that display the symbol
of bicycle safety created in RCW 46.16.333. [2002 c 264 §
2.]
Finding—2002 c 264: See note following RCW 46.16.333.
46.04.150 County road. "County road" means every
public highway or part thereof, outside the limits of cities
and towns and which has not been designated as a state
highway. [1961 c 12 § 46.04.150. Prior: 1959 c 49 § 16;
prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem.
Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS
§ 6360-1, part.]
46.04.160 Crosswalk. "Crosswalk" means the portion
of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the
event there are no sidewalks then between the intersection
area and a line ten feet therefrom, except as modified by a
marked crosswalk. [1961 c 12 § 46.04.160. Prior: 1959 c
49 § 17; prior: 1937 c 189 § 1, part; RRS § 6360-1, part.]
[Title 46 RCW—page 9]
46.04.162
Title 46 RCW: Motor Vehicles
46.04.162 Department. The term "department" shall
mean the department of licensing unless a different department is specified. [1979 c 158 § 126; 1975 c 25 § 4.
Formerly RCW 46.04.690.]
46.04.163 Director. The term "director" shall mean
the director of licensing unless the director of a different
department of government is specified. [1979 c 158 § 127;
1975 c 25 § 5. Formerly RCW 46.04.695.]
46.04.165 Driveaway-towaway operation.
"Driveaway-towaway operation" means any operation in
which any motor vehicle, trailer or semitrailer, singly or in
combination, new or used, constitutes the commodity being
transported when one set or more wheels of any such vehicle
are on the roadway during the course of transportation,
whether or not any such vehicle furnishes the motive power.
[1963 c 154 § 27.]
Effective date—1963 c 154: See note following RCW 46.37.010.
46.04.167 Driver education. Whenever the term
"driver education" is used in the code, it shall be defined to
mean "traffic safety education". [1969 ex.s. c 218 § 12.
Formerly RCW 46.04.700.]
46.04.168 Driving privilege withheld. "Driving
privilege withheld" means that the department has revoked,
suspended, or denied a person’s Washington state driver’s
license, permit to drive, driving privilege, or nonresident
driving privilege. [1999 c 6 § 2.]
Intent—1999 c 6: "(1) This act is intended to edit some of the
statutes relating to driver’s licenses in order to make those statutes more
comprehensible to the citizenry of the state of Washington. The legislature
does not intend to make substantive changes in the meaning, interpretation,
court construction, or constitutionality of any provision of chapter 46.20
RCW or other statutory provisions or rules adopted under those provisions.
(2) This act is technical in nature and does not terminate or in any
way modify any rights, proceedings, or liabilities, civil or criminal, that
exist on July 25, 1999." [1999 c 6 § 1.]
46.04.169 Electric-assisted bicycle. "Electric-assisted
bicycle" means a bicycle with two or three wheels, a saddle,
fully operative pedals for human propulsion, and an electric
motor. The electric-assisted bicycle’s electric motor must
have a power output of no more than one thousand watts, be
incapable of propelling the device at a speed of more than
twenty miles per hour on level ground, and be incapable of
further increasing the speed of the device when human
power alone is used to propel the device beyond twenty
miles per hour. [1997 c 328 § 1.]
46.04.1695 Electric personal assistive mobility
device (EPAMD). "Electric personal assistive mobility
device" (EPAMD) means a self-balancing device with two
wheels not in tandem, designed to transport only one person
by an electric propulsion system with an average power of
seven hundred fifty watts (one horsepower) having a
maximum speed on a paved level surface, when powered
solely by such a propulsion system while ridden by an
operator weighing one hundred seventy pounds, of less than
twenty miles per hour. [2002 c 247 § 1.]
[Title 46 RCW—page 10]
Legislative review—2002 c 247: "The legislature shall review the
provisions of this act and make any necessary changes by July 1, 2005."
[2002 c 247 § 9.]
46.04.170 Explosives. "Explosives" means any
chemical compound or mechanical mixture that is commonly
used or intended for the purpose of producing an explosion,
and which contains any oxidizing or combustible units or
other ingredients in such proportions, quantities or packing
that an ignition by fire, by friction, by concussion, by
percussion or by detonation of any part of the compound
mixture may cause such a sudden generation of highly
heated gases that the resultant gaseous pressures are capable
of producing destructible effects on contiguous objects or of
destroying life or limb. [1961 c 12 § 46.04.170. Prior:
1959 c 49 § 18; prior: 1937 c 189 § 1, part; RRS § 6360-1,
part. Cf. 1951 c 102 § 3.]
46.04.180 Farm tractor. "Farm tractor" means every
motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other
implements of husbandry. [1961 c 12 § 46.04.180. Prior:
1959 c 49 § 19; prior: (i) 1943 c 153 § 1, part; 1937 c 188
§ 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189
§ 1, part; RRS § 6360-1, part.]
46.04.181 Farm vehicle. "Farm vehicle" means any
vehicle other than a farm tractor or farm implement which
is designed and/or used primarily in agricultural pursuits on
farms for the purpose of transporting machinery, equipment,
implements, farm products, supplies and/or farm labor
thereon and is only incidentally operated on or moved along
public highways for the purpose of going from one farm to
another. [1967 c 202 § 1.]
46.04.182 Farmer. "Farmer" means any person, firm,
partnership or corporation engaged in farming. If a person,
firm, partnership or corporation is engaged in activities in
addition to that of farming, the definition shall only apply to
that portion of the activity that is defined as farming in
RCW 46.04.183. [1969 ex.s. c 281 § 58.]
46.04.183 Farming. "Farming" means the cultivation
and tillage of the soil, dairying, the production, cultivation,
growing, and harvesting of any agricultural or horticultural
commodities (except forestry or forestry operations), the
raising of livestock, bees, fur-bearing animals, or poultry,
and any practices performed on a farm as an incident to or
in conjunction with such farming operations. [1969 ex.s. c
281 § 59.]
46.04.187 Flammable liquid. "Flammable liquid"
means any liquid which has a flash point of 70° Fahrenheit,
or less, as determined by a Tagliabue or equivalent closed
cup test device. [1961 c 12 § 46.04.210. Prior: 1959 c 49
§ 22; prior: 1937 c 189 § 1, part; RRS § 6360-1, part. Cf.
1951 c 102 § 3. Formerly RCW 46.04.210.]
46.04.190 For hire vehicle. "For hire vehicle" means
any motor vehicle used for the transportation of persons for
compensation, except auto stages and ride-sharing vehicles.
(2002 Ed.)
Definitions
[1979 c 111 § 13; 1961 c 12 § 46.04.190. Prior: 1959 c 49
§ 20; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; 1921
c 96 § 2, part; 1919 c 59 § 1, part; 1917 c 155 § 1, part;
1915 c 142 § 2, part; RRS § 6313, part. (ii) 1937 c 189 §
1, part; RRS § 6360-1, part.]
Severability—1979 c 111: See note following RCW 46.74.010.
Ride sharing: Chapter 46.74 RCW.
46.04.194 Garbage truck. "Garbage truck" means a
truck specially designed and used exclusively for garbage or
refuse operations. [1983 c 68 § 1.]
46.04.195 Gross weight portion of the current
combined licensing fees. (Effective December 30, 2002, if
Referendum Bill No. 51 is approved at the November 2002
general election.) "Gross weight portion of the current
combined licensing fees" means the amounts listed in RCW
46.16.070, Schedule A, less twenty-five dollars and
seventy-five cents, and the amounts listed in Schedule B,
less twenty-five dollars and seventy-five cents and less an
additional ninety dollars if the requested gross weight is over
forty thousand pounds. [2002 c 202 § 201.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
46.04.197 Highway. Highway means the entire width
between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public
for purposes of vehicular travel. [1965 ex.s. c 155 § 87.
Formerly RCW 46.04.431.]
46.04.200 Hours of darkness. "Hours of darkness"
means the hours from one-half hour after sunset to one-half
hour before sunrise, and any other time when persons or
objects may not be clearly discernible at a distance of five
hundred feet. [1961 c 12 § 46.04.200. Prior: 1959 c 49 §
21; prior: 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.215 Ignition interlock device—Other biological or technical device—Definitions. "Ignition interlock
device" means breath alcohol analyzing ignition equipment,
certified by the state patrol, designed to prevent a motor
vehicle from being operated by a person who has consumed
an alcoholic beverage, and "other biological or technical
device" means any device meeting the standards of the
National Highway Traffic Safety Administration or the state
patrol, designed to prevent the operation of a motor vehicle
by a person who is impaired by alcohol or drugs. The state
patrol shall by rule provide standards for the certification,
installation, repair, and removal of the devices. [1997 c 229
§ 9; 1994 c 275 § 23; 1987 c 247 § 3. Formerly RCW
46.20.730.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
(2002 Ed.)
46.04.190
46.04.220 Intersection area. (1) "Intersection area"
means the area embraced within the prolongation or connection of the lateral curb lines, or, if none then the lateral
boundary lines of the roadways of two or more highways
which join one another at, or approximately at, right angles,
or the area within which vehicles traveling upon different
highways joining at any other angle may come in conflict.
(2) Where a highway includes two roadways thirty feet
or more apart, then every crossing of each roadway of such
divided highway by an intersecting highway shall be
regarded as a separate intersection. In the event such
intersecting highway also includes two roadways thirty feet
or more apart, then every crossing of two roadways of such
highways shall be regarded as a separate intersection.
(3) The junction of an alley with a street or highway
shall not constitute an intersection. [1975 c 62 § 4; 1961 c
12 § 46.04.220. Prior: 1959 c 49 § 23; prior: 1937 c 189
§ 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c
309 § 2, part; RRS § 6362-2, part.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.240 Intersection control area. "Intersection
control area" means intersection area, together with such
modification of the adjacent roadway area as results from the
arc of curb corners and together with any marked or unmarked crosswalks adjacent to the intersection. [1961 c 12
§ 46.04.240. Prior: 1959 c 49 § 25; prior: 1937 c 189 § 1,
part; RRS § 6360-1, part.]
46.04.251 Kit vehicle. "Kit vehicle" means a passenger car or light truck assembled from a manufactured kit,
and is either (1) a complete kit consisting of a prefabricated
body and chassis used to construct a new vehicle, or (2) a
kit consisting of a prefabricated body to be mounted on an
existing vehicle chassis and drive train, commonly referred
to as a donor vehicle. [1996 c 225 § 5.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.04.260 Laned highway. "Laned highway" means
a highway the roadway of which is divided into clearly
marked lanes for vehicular traffic. [1961 c 12 § 46.04.260.
Prior: 1959 c 49 § 27; prior: 1937 c 189 § 1, part; RRS §
6360-1, part.]
46.04.270 Legal owner. "Legal owner" means a
person having a security interest in a vehicle perfected in
accordance with chapter 46.12 RCW or the registered owner
of a vehicle unencumbered by a security interest or the
lessor of a vehicle unencumbered by a security interest.
[1975 c 25 § 1; 1961 c 12 § 46.04.270. Prior: 1959 c 49 §
28; prior: 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem.
Supp. 1943 § 6312-1, part.]
46.04.272 Lightweight stud. "Lightweight stud"
means a stud intended for installation and use in a vehicle
tire. As used in this title, this means a stud that is recommended by the manufacturer of the tire for the type and size
of the tire and that:
[Title 46 RCW—page 11]
46.04.272
Title 46 RCW: Motor Vehicles
(1) Weighs no more than 1.5 grams if the stud conforms
to Tire Stud Manufacturing Institute (TSMI) stud size 14 or
less;
(2) Weighs no more than 2.3 grams if the stud conforms
to TSMI stud size 15 or 16; or
(3) Weighs no more than 3.0 grams if the stud conforms
to TSMI stud size 17 or larger.
A lightweight stud may contain any materials necessary
to achieve the lighter weight. [1999 c 219 § 1.]
or body having authority to adopt local police regulations
under the Constitution and laws of this state. [1961 c 12 §
46.04.280. Prior: 1959 c 49 § 29; prior: (i) 1943 c 153 §
1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1,
part; 1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 §
1, part; 1917 c 155 § 1, part; 1915 c 142 § 2, part; RRS §
6313, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part;
1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2,
part.]
46.04.274 Limousine, etc. "Limousine" means a
category of for hire, chauffeur-driven, unmetered, unmarked
luxury motor vehicles that meets one of the following definitions:
(1) "Stretch limousine" means an automobile with a
seating capacity of not more than twelve passengers in the
rear seating area. The wheelbase has been factory or otherwise altered beyond the original manufacturer’s specifications and meets standards of the United States department of
transportation. The automobile is equipped with amenities
in the rear seating area not normally found in passenger cars.
These amenities may include, but are not limited to a
television, musical sound system, telephone, ice storage,
power-operated dividers, or additional interior lighting. The
term "stretch limousine" excludes trucks, auto transportation
companies, excursion buses, charter buses, minibuses,
vehicles regulated under chapter 81.66 RCW, taxicabs,
executive sedans, funeral home vehicles, station wagons,
executive vans, vans, minivans, and courtesy vans.
(2) "Executive sedan" means a four-door sedan automobile having a seating capacity of not more than three
passengers behind the driver and a minimum wheelbase of
114.5 inches. An executive sedan is equipped with standard
factory amenities, and the wheelbase may not be altered.
The term "executive sedan" excludes trucks, auto transportation companies, excursion buses, minibuses, charter buses,
vehicles regulated under chapter 81.66 RCW, taxicabs,
stretch limousines, funeral home vehicles, station wagons,
executive vans, vans, minivans, and courtesy vans.
(3) "Executive van" means a van, minivan, or minibus
having a seating capacity of not less than seven passengers
and not more than fourteen passengers behind the driver.
The term "executive van" excludes trucks, auto transportation
companies, excursion buses, charter buses, vehicles regulated
under chapter 81.66 RCW, taxicabs, stretch limousines,
executive sedans, funeral home vehicles, station wagons, and
courtesy vans.
(4) "Classic car" means a fine or distinctive, American
or foreign automobile that is thirty years old or older. [1996
c 87 § 2.]
46.04.290 Marked crosswalk. "Marked crosswalk"
means any portion of a roadway distinctly indicated for
pedestrian crossing by lines or other markings on the surface
thereof. [1961 c 12 § 46.04.290. Prior: 1959 c 49 § 30;
prior: 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.300 Metal tire. "Metal tire" includes every tire,
the bearing surface of which in contact with the highway is
wholly or partly of metal or other hard, nonresilient material.
[1961 c 12 § 46.04.300. Prior: 1959 c 49 § 31; prior: (i)
1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943
§ 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1,
part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS §
6362-2, part.]
46.04.302 Mobile home, manufactured home.
"Mobile home" or "manufactured home" means a structure,
designed and constructed to be transportable in one or more
sections, and is built on a permanent chassis, and designed
to be used as a dwelling with or without a permanent
foundation when connected to the required utilities that
include plumbing, heating, and electrical systems contained
therein. The structure must comply with the national mobile
home construction and safety standards act of 1974 as
adopted by chapter 43.22 RCW if applicable. Manufactured
home does not include a modular home. A structure which
met the definition of a "manufactured home" at the time of
manufacture is still considered to meet this definition
notwithstanding that it is no longer transportable. [1993 c
154 § 1. Prior: 1989 c 343 § 24; 1989 c 337 § 1; 1977
ex.s. c 22 § 1; 1971 ex.s. c 231 § 4.]
Severability—Effective date—1989 c 343: See RCW 65.20.940 and
65.20.950.
Severability—1977 ex.s. c 22: "If any section or provision of this
1977 amendatory act, or its application to any person or circumstances is
held invalid, the remainder of the act, or the application of the section or
provision to other persons or circumstances is not affected." [1977 ex.s. c
22 § 10.]
Effective date—1971 ex.s. c 231: See note following RCW
46.01.130.
46.04.276 Limousine carrier. "Limousine carrier"
means a person engaged in the transportation of a person or
group of persons, who, under a single contract, acquires, on
a prearranged basis, the use of a limousine to travel to a
specified destination or for a particular itinerary. The term
"prearranged basis" refers to the manner in which the carrier
dispatches vehicles. [1996 c 87 § 3.]
46.04.303 Modular home. "Modular home" means a
factory-assembled structure designed primarily for use as a
dwelling when connected to the required utilities that include
plumbing, heating, and electrical systems contained therein,
does not contain its own running gear, and must be mounted
on a permanent foundation. A modular home does not
include a mobile home or manufactured home. [1990 c 250
§ 17; 1971 ex.s. c 231 § 5.]
46.04.280 Local authorities. "Local authorities"
includes every county, municipal, or other local public board
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1971 ex.s. c 231: See note following RCW
46.01.130.
[Title 46 RCW—page 12]
(2002 Ed.)
Definitions
46.04.304
46.04.304 Moped. "Moped" means a motorized
device designed to travel with not more than three sixteeninch or larger diameter wheels in contact with the ground,
having fully operative pedals for propulsion by human
power, and an electric or a liquid fuel motor with a cylinder
displacement not exceeding fifty cubic centimeters which
produces no more than two gross brake horsepower (developed by a prime mover, as measured by a brake applied to
the driving shaft) that is capable of propelling the device at
not more than thirty miles per hour on level ground.
The Washington state patrol may approve of and define
as a "moped" a vehicle which fails to meet these specific
criteria, but which is essentially similar in performance and
application to motorized devices which do meet these
specific criteria. [1990 c 250 § 18; 1987 c 330 § 702; 1979
ex.s. c 213 § 1.]
contact with the ground, on which the driver rides astride the
motor unit or power train and is designed to be steered with
a handle bar, but excluding a farm tractor, an electric
personal assistive mobility device, and a moped.
The Washington state patrol may approve of and define
as a "motorcycle" a motor vehicle that fails to meet these
specific criteria, but that is essentially similar in performance
and application to motor vehicles that do meet these specific
criteria. [2002 c 247 § 3; 1990 c 250 § 20; 1979 ex.s. c 213
§ 2; 1961 c 12 § 46.04.330. Prior: 1959 c 49 § 34; prior:
(i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp.
1943 § 6312-1, part; 1923 c 181 § 1, part; 1921 c 96 § 2,
part; 1919 c 59 § 1, part; 1917 c 155 § 1, part; 1915 c 142
§ 2, part; RRS § 6313, part. (ii) 1937 c 189 § 1, part; RRS
§ 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part;
RRS § 6362-2, part.]
Severability—1990 c 250: See note following RCW 46.16.301.
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Legislative review—2002 c 247: See note following RCW
46.04.1695.
Severability—1990 c 250: See note following RCW 46.16.301.
46.04.305 Motor homes. "Motor homes" means
motor vehicles originally designed, reconstructed, or permanently altered to provide facilities for human habitation,
which include lodging and cooking or sewage disposal, and
is enclosed within a solid body shell with the vehicle, but
excludes a camper or like unit constructed separately and
affixed to a motor vehicle. [1990 c 250 § 19; 1971 ex.s. c
231 § 3.]
46.04.332 Motor-driven cycle. "Motor-driven cycle"
means every motorcycle, including every motor scooter, with
a motor that produces not to exceed five brake horsepower
(developed by a prime mover, as measured by a brake applied to the driving shaft). A motor-driven cycle does not
include a moped or an electric personal assistive mobility
device. [2002 c 247 § 4; 1979 ex.s. c 213 § 3; 1963 c 154
§ 28.]
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1971 ex.s. c 231: See note following RCW
46.01.130.
Legislative review—2002 c 247: See note following RCW
46.04.1695.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.04.310 Motor truck. "Motor truck" means any
motor vehicle designed or used for the transportation of
commodities, merchandise, produce, freight, or animals.
[1961 c 12 § 46.04.310. Prior: 1959 c 49 § 32; prior: (i)
1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943
§ 6312-1, part; 1923 c 181 § 1, part; 1921 c 96 § 2, part;
1919 c 59 § 1, part; 1917 c 155 § 1, part; 1915 c 142 § 2,
part; RRS § 6313, part. (ii) 1937 c 189 § 1, part; RRS §
6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part;
RRS § 6362-2, part.]
46.04.340 Muffler. "Muffler" means a device
consisting of a series of chambers, or other mechanical
designs for the purpose of receiving exhaust gas from an
internal combustion engine and effective in reducing noise
resulting therefrom. [1961 c 12 § 46.04.340. Prior: 1959
c 49 § 35; prior: 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.320 Motor vehicle. "Motor vehicle" shall mean
every vehicle which is self-propelled and every vehicle
which is propelled by electric power obtained from overhead
trolley wires, but not operated upon rails. An electric
personal assistive mobility device is not considered a motor
vehicle. [2002 c 247 § 2; 1961 c 12 § 46.04.320. Prior:
1959 c 49 § 33; 1955 c 384 § 10; prior: (i) 1943 c 153 § 1,
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part;
1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 § 1,
part; 1917 c 155 § 1, part; 1915 c 142 § 2, part; RRS §
6313, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part;
1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2,
part.]
Legislative review—2002 c 247: See note following RCW
46.04.1695.
46.04.330 Motorcycle. "Motorcycle" means a motor
vehicle designed to travel on not more than three wheels in
(2002 Ed.)
46.04.350 Multiple lane highway. "Multiple lane
highway" means any highway the roadway of which is of
sufficient width to reasonably accommodate two or more
separate lanes of vehicular traffic in the same direction, each
lane of which shall be not less than the maximum legal
vehicle width and whether or not such lanes are marked.
[1975 c 62 § 5; 1961 c 12 § 46.04.350. Prior: 1959 c 49 §
36; prior: 1937 c 189 § 1, part; RRS § 6360-1, part.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.355 Municipal transit vehicle. Municipal
transit vehicle includes every motor vehicle, street car, train,
trolley vehicle, and any other device, which (1) is capable of
being moved within, upon, above, or below a public highway, (2) is owned or operated by a city, county, county
transportation authority, public transportation benefit area, or
metropolitan municipal corporation within the state, and (3)
is used for the purpose of carrying passengers together with
incidental baggage and freight on a regular schedule. [1984
c 167 § 2; 1974 ex.s. c 76 § 4.]
Unlawful bus conduct: RCW 9.91.025.
[Title 46 RCW—page 13]
46.04.360
Title 46 RCW: Motor Vehicles
46.04.360 Nonresident. "Nonresident" means any
person whose residence is outside this state and who is
temporarily sojourning within this state. [1961 c 12 §
46.04.360. Prior: 1959 c 49 § 37; prior: (i) 1943 c 153 §
1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1,
part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.370 Operator or driver. "Operator or driver"
means every person who drives or is in actual physical
control of a vehicle. [1975 c 62 § 6; 1967 c 32 § 1; 1961
c 12 § 46.04.370. Prior: 1959 c 49 § 38; prior: (i) 1943 c
153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 §
6312-1, part; 1923 c 181 § 1, part; 1921 c 96 § 2, part; RRS
§ 6313, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.380 Owner. "Owner" means a person who has
a lawful right of possession of a vehicle by reason of
obtaining it by purchase, exchange, gift, lease, inheritance or
legal action whether or not the vehicle is subject to a
security interest and means registered owner where the
reference to owner may be construed as either to registered
or legal owner. [1975 c 25 § 2; 1961 c 12 § 46.04.380.
Prior: 1959 c 49 § 39; prior: 1937 c 189 § 1, part; RRS §
6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part;
RRS § 6362-2, part.]
46.04.381 Park or parking. "Park or parking" means
the standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually
engaged in loading or unloading property or passengers.
[1975 c 62 § 9.]
organization. [1961 c 12 § 46.04.405. Prior: 1959 c 49 §
42; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2,
part; RRS § 6362-2, part.]
46.04.408 Photograph, picture, negative. "Photograph," along with the terms "picture" and "negative," means
a pictorial representation, whether produced through photographic or other means, including, but not limited to, digital
data imaging. [1990 c 250 § 21.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.04.410 Pneumatic tires. "Pneumatic tires"
includes every tire of rubber or other resilient material
designed to be inflated with compressed air to support the
load thereon. [1961 c 12 § 46.04.410. Prior: 1959 c 49 §
43; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2,
part; RRS § 6362-2, part.]
46.04.414 Pole trailer. "Pole trailer" means every
vehicle without motive power designed to be drawn by
another vehicle and attached to the towing vehicle by means
of a reach, or pole, or by being boomed or otherwise secured
to the towing vehicle, and ordinarily used for transporting
long or irregular shaped loads such as poles, pipes, logs or
structural members capable, generally, of sustaining themselves as beams between the supporting connections. [1961
c 12 § 46.04.414. Prior: 1959 c 49 § 44; prior: 1951 c 56
§ 1.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.3815 Parts car. "Parts car" means a motor
vehicle that is owned by a collector to furnish parts for
restoration or maintenance of a vehicle described in RCW
46.16.305(1), thus enabling a collector to preserve, restore,
and maintain such a vehicle. [1996 c 225 § 3.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.04.382 Passenger car. "Passenger car" means
every motor vehicle except motorcycles and motor-driven
cycles, designed for carrying ten passengers or less and used
for the transportation of persons. [1963 c 154 § 29.]
Effective date—1963 c 154: See note following RCW 46.37.010.
46.04.391 Police officer. Police officer means every
officer authorized to direct or regulate traffic or to make
arrests for violations of traffic regulations. [1965 ex.s. c 155
§ 89.]
46.04.400 Pedestrian. "Pedestrian" means any person
who is afoot or who is using a wheelchair or a means of
conveyance propelled by human power other than a bicycle.
[1990 c 241 § 1; 1961 c 12 § 46.04.400. Prior: 1959 c 49
§ 41; prior: 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.405 Person. "Person" includes every natural
person, firm, copartnership, corporation, association, or
[Title 46 RCW—page 14]
46.04.416 Private carrier bus. "Private carrier bus"
means every motor vehicle designed for the purpose of
carrying passengers (having a seating capacity for eleven or
more persons) used regularly to transport persons in furtherance of any organized agricultural, religious or charitable
purpose. Such term does not include buses operated by
common carriers under a franchise granted by any city or
town or the Washington public utilities commission. [1970
ex.s. c 100 § 3.]
46.04.420 Private road or driveway. "Private road
or driveway" includes every way or place in private ownership and used for travel of vehicles by the owner or those
having express or implied permission from the owner, but
not by other persons. [1961 c 12 § 46.04.420. Prior: 1959
c 49 § 45; prior: 1937 c 189 § 1, part; RRS § 6360-1, part;
1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2,
part.]
46.04.435 Public scale. "Public scale" means every
scale under public or private ownership which is certified as
to its accuracy and which is available for public weighing.
[1961 c 12 § 46.04.435. Prior: 1959 c 49 § 47.]
46.04.440 Railroad. "Railroad" means a carrier of
persons or property upon vehicles, other than street cars,
operated upon stationary rails, the route of which is princi(2002 Ed.)
Definitions
pally outside cities and towns. [1961 c 12 § 46.04.440.
Prior: 1959 c 49 § 48; prior: (i) 1943 c 153 § 1, part; 1937
c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937
c 189 § 1, part; RRS § 6360-1, part.]
46.04.450 Railroad sign or signal. "Railroad sign or
signal" means any sign, signal, or device erected by authority
of a public body or official or by a railroad and intended to
give notice of the presence of railroad tracks or the approach
of a railroad train. [1961 c 12 § 46.04.450. Prior: 1959 c
49 § 49; prior: 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.455 Reasonable grounds. "Reasonable
grounds," when used in the context of a law enforcement
officer’s decision to make an arrest, means probable cause.
[1995 c 332 § 19.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
46.04.460 Registered owner. "Registered owner"
means the person whose lawful right of possession of a
vehicle has most recently been recorded with the department.
[1975 c 25 § 3; 1961 c 12 § 46.04.460. Prior: 1959 c 49 §
50; prior: 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem.
Supp. 1943 § 6312-1, part.]
46.04.465 Rental car. (1) "Rental car" means a
passenger car, as defined in RCW 46.04.382, that is used
solely by a rental car business for rental to others, without
a driver provided by the rental car business, for periods of
not more than thirty consecutive days.
(2) "Rental car" does not include:
(a) Vehicles rented or loaned to customers by automotive repair businesses while the customer’s vehicle is under
repair;
(b) Vehicles licensed and operated as taxicabs. [1992
c 194 § 1.]
Effective dates—1992 c 194: See note following RCW 46.04.466.
46.04.466 Rental car business. "Rental car business"
means a person engaging within this state in the business of
renting rental cars, as determined under rules of the department of licensing. [1992 c 194 § 5.]
Effective dates—1992 c 194: "(1) Sections 1 through 3 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect June 1, 1992.
(2) Sections 4 through 13 of this act shall take effect January 1, 1993."
[1992 c 194 § 14.]
Registration of rental car businesses: RCW 46.87.023.
46.04.470 Residence district. "Residence district"
means the territory contiguous to and including a public
highway not comprising a business district, when the
property on such public highway for a continuous distance
of three hundred feet or more on either side thereof is in the
main improved with residences or residences and buildings
in use for business. [1961 c 12 § 46.04.470. Prior: 1959
c 49 § 51; prior: 1937 c 189 § 1, part; RRS § 6360-1, part;
1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2,
part.]
(2002 Ed.)
46.04.440
46.04.480 Revoke. "Revoke," in all its forms, means
the invalidation for a period of one calendar year and
thereafter until reissue: PROVIDED, That under the
provisions of RCW 46.20.285, 46.20.311, 46.20.265, or
46.61.5055, and chapter 46.65 RCW the invalidation may
last for a period other than one calendar year. [1995 c 332
§ 10; 1994 c 275 § 38; 1988 c 148 § 8; 1985 c 407 § 1;
1983 c 165 § 14; 1983 c 165 § 13; 1979 c 62 § 7; 1961 c 12
§ 46.04.480. Prior: 1959 c 49 § 52; prior: (i) 1943 c 153
§ 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1,
part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
Effective dates—1985 c 407: "Sections 2 and 4 of this act are
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985. The remainder of the act shall take
effect January 1, 1986." [1985 c 407 § 8.]
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Severability—1979 c 62: See note following RCW 46.65.020.
46.04.490 Road tractor. "Road tractor" includes
every motor vehicle designed and used primarily as a road
building vehicle in drawing road building machinery and
devices. [1961 c 12 § 46.04.490. Prior: 1959 c 49 § 53;
prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem.
Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS
§ 6360-1, part.]
46.04.500 Roadway. "Roadway" means that portion
of a highway improved, designed, or ordinarily used for
vehicular travel, exclusive of the sidewalk or shoulder even
though such sidewalk or shoulder is used by persons riding
bicycles. In the event a highway includes two or more
separated roadways, the term "roadway" shall refer to any
such roadway separately but shall not refer to all such
roadways collectively. [1977 c 24 § 1; 1961 c 12 §
46.04.500. Prior: 1959 c 49 § 54; prior: (i) 1943 c 153 §
1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1,
part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.510 Safety zone. "Safety zone" means the area
or space officially set apart within a roadway for the
exclusive use of pedestrians and which is protected or is
marked or indicated by painted marks, signs, buttons, standards, or otherwise, so as to be plainly discernible. [1961 c
12 § 46.04.510. Prior: 1959 c 49 § 55; prior: 1937 c 189
§ 1, part; RRS § 6360-1, part.]
46.04.521 School bus. School bus means every motor
vehicle used regularly to transport children to and from
school or in connection with school activities, which is
subject to the requirements set forth in the most recent
edition of "Specifications for School Buses" published by the
state superintendent of public instruction, but does not
include buses operated by common carriers in urban transportation of school children or private carrier buses operated
[Title 46 RCW—page 15]
46.04.521
Title 46 RCW: Motor Vehicles
as school buses in the transportation of children to and from
private schools or school activities. [1995 c 141 § 1; 1965
ex.s. c 155 § 90.]
a state highway or branch thereof, by legislative enactment.
[1975 c 62 § 7; 1961 c 12 § 46.04.560. Prior: 1959 c 49 §
60; prior: 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS
§ 6362-2, part.]
46.04.530 Semitrailer. "Semitrailer" includes every
vehicle without motive power designed to be drawn by a
vehicle, motor vehicle, or truck tractor and so constructed
that an appreciable part of its weight and that of its load
rests upon and is carried by such other vehicle, motor
vehicle, or truck tractor. [1979 ex.s. c 149 § 1; 1961 c 12
§ 46.04.530. Prior: 1959 c 49 § 57; prior: (i) 1943 c 153
§ 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1,
part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c
180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.540 Sidewalk. "Sidewalk" means that property
between the curb lines or the lateral lines of a roadway and
the adjacent property, set aside and intended for the use of
pedestrians or such portion of private property parallel and
in proximity to a public highway and dedicated to use by
pedestrians. [1961 c 12 § 46.04.540. Prior: 1959 c 49 §
58; prior: 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.550 Solid tire. "Solid tire" includes every tire
of rubber or other resilient material which does not depend
upon inflation with compressed air for the support of the
load thereon. [1961 c 12 § 46.04.550. Prior: 1959 c 49 §
59; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2,
part; RRS § 6362-2, part.]
46.04.552 Special mobile equipment. "Special
mobile equipment" means every vehicle not designed or used
primarily for the transportation of persons or property and
only incidentally operated or moved over a highway,
including but not limited to: Ditch digging apparatus, well
boring apparatus and road construction and maintenance
machinery such as asphalt spreaders, bituminous mixers,
bucket loaders, tractors other than truck-tractors, ditchers,
leveling graders, finishing machines, motor graders, road
rollers, scarifiers, earth moving carry-alls and scrapers,
power shovels and draglines, and self-propelled cranes and
earth moving equipment. The term does not include house
trailers, dump trucks, truck mounted transit mixers, cranes or
shovels or other vehicles designed for the transportation of
persons or property to which machinery has been attached.
[1973 1st ex.s. c 17 § 1; 1972 ex.s. c 5 § 1; 1963 c 154 §
30.]
Effective date—1963 c 154: See note following RCW 46.37.010.
46.04.555 Stand or standing. "Stand or standing"
means the halting of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while
actually engaged in receiving or discharging passengers.
[1975 c 62 § 10.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.560 State highway. "State highway" includes
every highway or part thereof, which has been designated as
[Title 46 RCW—page 16]
46.04.565 Stop. "Stop" when required means complete cessation from movement. [1975 c 62 § 11.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.566 Stop or stopping. "Stop or stopping" when
prohibited means any halting even momentarily of a vehicle,
whether occupied or not, except when necessary to avoid
conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.
[1975 c 62 § 12.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.570 Street car. "Street car" means a vehicle
other than a train for transporting persons or property and
operated upon stationary rails principally within cities and
towns. [1961 c 12 § 46.04.570. Prior: 1959 c 49 § 61;
prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem.
Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS
§ 6360-1, part.]
46.04.571 Street rod vehicle. "Street rod vehicle" is
a motor vehicle, other than a motorcycle, that meets the
following conditions:
(1)(a) The vehicle was manufactured before 1949, (b)
the vehicle has been assembled or reconstructed using major
component parts of a motor vehicle manufactured before
1949, or (c) the vehicle was assembled or manufactured after
1949, to resemble a vehicle manufactured before 1949; and
(2)(a) The vehicle has been modified in its body style
or design through the use of nonoriginal or reproduction
components, such as frame, engine, drive train, suspension,
or brakes in a manner that does not adversely affect its safe
performance as a motor vehicle or render it unlawful for
highway use, or (b) the body has been constructed from
nonoriginal materials or has been altered dimensionally or in
shape and appearance from the original manufactured body.
[1999 c 58 § 1; 1996 c 225 § 4.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.04.580 Suspend. "Suspend," in all its forms and
unless a different period is specified, means invalidation for
any period less than one calendar year and thereafter until
reinstatement. [1994 c 275 § 28; 1990 c 250 § 22; 1961 c
12 § 46.04.580. Prior: 1959 c 49 § 62; prior: (i) 1943 c
153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 §
6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Severability—1990 c 250: See note following RCW 46.16.301.
46.04.582 Tandem axle. "Tandem axle" means any
two or more consecutive axles whose centers are less than
seven feet apart. [1988 c 6 § 1; 1979 ex.s. c 149 § 2.]
(2002 Ed.)
Definitions
46.04.585 Temporarily sojourning. "Temporarily
sojourning," as the term is used in chapter 46.04 RCW, shall
be construed to include any nonresident who is within this
state for a period of not to exceed six months in any one
year. [1961 c 12 § 46.04.585. Prior: 1959 c 49 § 63; prior:
1955 c 89 § 6.]
46.04.590 Traffic. "Traffic" includes pedestrians,
ridden or herded animals, vehicles, street cars, and other
conveyances either singly or together, while using any public
highways for purposes of travel. [1961 c 12 § 46.04.590.
Prior: 1959 c 49 § 64; prior: (i) 1943 c 153 § 1, part; 1937
c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937
c 189 § 1, part; RRS § 6360-1, part.]
46.04.600 Traffic control signal. "Traffic control
signal" means any traffic device, whether manually, electrically, or mechanically operated, by which traffic alternately
is directed to stop or proceed or otherwise controlled. [1961
c 12 § 46.04.600. Prior: 1959 c 49 § 65; prior: 1937 c 189
§ 1, part; RRS § 6360-1, part.]
46.04.611 Traffic-control devices. Official trafficcontrol devices means all signs, signals, markings and
devices not inconsistent with Title 46 RCW placed or
erected by authority of a public body or official having
jurisdiction, for the purpose of regulating, warning or
guiding traffic. [1965 ex.s. c 155 § 88.]
46.04.585
street cars. [1961 c 12 § 46.04.630. Prior: 1959 c 49 § 68;
prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem.
Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS
§ 6360-1, part.]
46.04.640 Trolley vehicle. "Trolley vehicle" means
a vehicle the motive power for which is supplied by means
of a trolley line and which may or may not be confined in
its operation to a certain portion of the roadway in order to
maintain trolley line contact. [1961 c 12 § 46.04.640. Prior:
1959 c 49 § 69; prior: (i) 1943 c 153 § 1, part; 1937 c 188
§ 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189
§ 1, part; RRS § 6360-1, part.]
46.04.650 Tractor. "Tractor" means every motor
vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than
a part of the weight of the vehicle and load so drawn. [1986
c 18 § 1; 1975 c 62 § 8; 1961 c 12 § 46.04.650. Prior:
1959 c 49 § 70; prior: (i) 1943 c 153 § 1, part; 1937 c 188
§ 1, part; Rem. Supp. 1943 § 6312, part. (ii) 1937 c 189 §
1, part; RRS § 6360-1, part.]
Effective date—1986 c 18: See RCW 46.87.901.
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.653 Truck. "Truck" means every motor vehicle
designed, used, or maintained primarily for the transportation
of property. [1986 c 18 § 2.]
Effective date—1986 c 18: See RCW 46.87.901.
46.04.620 Trailer. "Trailer" includes every vehicle
without motive power designed for being drawn by or used
in conjunction with a motor vehicle constructed so that no
appreciable part of its weight rests upon or is carried by such
motor vehicle, but does not include a municipal transit vehicle, or any portion thereof. [1974 ex.s. c 76 § 3; 1961 c 12
§ 46.04.620. Prior: 1959 c 49 § 67; prior: (i) 1943 c 153
§ 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1,
part; 1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 §
1, part; 1917 c 155 § 1, part; RRS § 6313, part. (ii) 1937 c
189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part;
1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.622 Park trailer. "Park trailer" or "park model
trailer" means a travel trailer designed to be used with
temporary connections to utilities necessary for operation of
installed fixtures and appliances. The trailer’s gross area
shall not exceed four hundred square feet when in the setup
mode. "Park trailer" excludes a mobile home. [1989 c 337
§ 2.]
46.04.623 Travel trailer. "Travel trailer" means a
trailer built on a single chassis transportable upon the public
streets and highways that is designed to be used as a
temporary dwelling without a permanent foundation and may
be used without being connected to utilities. [1989 c 337 §
3.]
46.04.630 Train. "Train" means a vehicle propelled
by steam, electricity, or other motive power with or without
cars coupled thereto, operated upon stationary rails, except
(2002 Ed.)
46.04.655 Truck tractor. "Truck tractor" means
every motor vehicle designed and used primarily for drawing
other vehicles but so constructed as to permit carrying a load
in addition to part of the weight of the vehicle and load so
drawn. [1986 c 18 § 3.]
Effective date—1986 c 18: See RCW 46.87.901.
46.04.660 Used vehicle. "Used vehicle" means a
vehicle which has been sold, bargained, exchanged, given
away, or title transferred from the person who first took title
to it from the manufacturer or first importer, dealer, or agent
of the manufacturer or importer, and so used as to have
become what is commonly known as "second-hand" within
the ordinary meaning thereof. [1961 c 12 § 46.04.660.
Prior: 1959 c 49 § 71; prior: (i) 1943 c 153 § 1, part; 1937
c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937
c 189 § 1, part; RRS § 6360-1, part.]
46.04.670 Vehicle. "Vehicle" includes every device
capable of being moved upon a public highway and in, upon,
or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The
term does not include devices other than bicycles moved by
human or animal power or used exclusively upon stationary
rails or tracks. Mopeds shall not be considered vehicles or
motor vehicles for the purposes of chapter 46.70 RCW.
Bicycles shall not be considered vehicles for the purposes of
chapter 46.12, 46.16, or 46.70 RCW. Electric personal
assistive mobility devices are not considered vehicles or
motor vehicles for the purposes of chapter 46.12, 46.16,
[Title 46 RCW—page 17]
46.04.670
Title 46 RCW: Motor Vehicles
46.29, 46.37, or 46.70 RCW. [2002 c 247 § 5; 1994 c 262
§ 2; 1991 c 214 § 2; 1979 ex.s. c 213 § 4; 1961 c 12 §
46.04.670. Prior: 1959 c 49 § 72; prior: (i) 1943 c 153 §
1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1,
part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c
180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
Legislative review—2002 c 247: See note following RCW
46.04.1695.
Mopeds
helmet required: RCW 46.37.530, 46.37.535.
motorcycle endorsement, exemption: RCW 46.20.500.
operation and safety standards: RCW 46.61.710, 46.61.720.
registration: RCW 46.16.630.
46.04.672 Vehicle or pedestrian right of way.
"Vehicle or pedestrian right of way" means the right of one
vehicle or pedestrian to proceed in a lawful manner in
preference to another vehicle or pedestrian approaching
under such circumstances of direction, speed, and proximity
as to give rise to danger of collision unless one grants
precedence to the other. [1975 c 62 § 13.]
46.08.170
Control of traffic on capitol grounds—Violations, traffic
infractions, misdemeanors—Jurisdiction.
46.08.172 Parking rental fees—Establishment.
46.08.190 Jurisdiction of judges of district, municipal, and superior
court.
Extension of licensing period authorized—Rules and regulations, manner
and content: RCW 43.24.140.
46.08.010 State preempts licensing field. The
provisions of this title relating to the certificate of ownership,
certificate of license registration, vehicle license, vehicle
license plates and vehicle operator’s license shall be exclusive and no political subdivision of the state of Washington
shall require or issue any licenses or certificates for the same
or a similar purpose except as provided in RCW 82.80.020,
nor shall any city or town in this state impose a tax, license,
or other fee upon vehicles operating exclusively between
points outside of such city or town limits, and to points
therein. [1990 c 42 § 207; 1961 c 12 § 46.08.010. Prior:
1937 c 188 § 75; RRS § 6312-75.]
Severability—1975 c 62: See note following RCW 36.75.010.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
46.04.710 Wheelchair conveyance. "Wheelchair
conveyance" means any vehicle specially manufactured or
designed for the transportation of a physically or medically
impaired wheelchair-bound person. The vehicle may be a
separate vehicle used in lieu of a wheelchair or a separate
vehicle used for transporting the impaired person while
occupying a wheelchair. The vehicle shall be equipped with
a propulsion device capable of propelling the vehicle within
a speed range established by the state patrol. The state
patrol may approve and define as a wheelchair conveyance,
a vehicle that fails to meet these specific criteria but is
essentially similar in performance and application to vehicles
that do meet these specific criteria. [1987 c 330 § 703; 1983
c 200 § 1.]
46.08.020 Precedence over local vehicle and traffic
regulations. The provisions of this title relating to vehicles
shall be applicable and uniform throughout this state and in
all incorporated cities and towns and all political subdivisions therein and no local authority shall enact or enforce
any law, ordinance, rule or regulation in conflict with the
provisions of this title except and unless expressly authorized
by law to do so and any laws, ordinances, rules or regulations in conflict with the provisions of this title are hereby
declared to be invalid and of no effect. Local authorities
may, however, adopt additional vehicle and traffic regulations which are not in conflict with the provisions of this
title. [1961 c 12 § 46.08.020. Prior: 1937 c 189 § 2; RRS
§ 6360-2.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1983 c 200: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 200 § 7.]
Wheelchair conveyances
licensing: RCW 46.16.640.
operator’s license: RCW 46.20.109.
public roadways, operating on: RCW 46.61.730.
safety standards: RCW 46.37.610.
Chapter 46.08
GENERAL PROVISIONS
Sections
46.08.010
46.08.020
46.08.030
46.08.065
46.08.066
46.08.067
46.08.068
46.08.070
46.08.150
46.08.160
State preempts licensing field.
Precedence over local vehicle and traffic regulations.
Uniformity of application.
Publicly owned vehicles to be marked—Exceptions.
Publicly owned vehicles—Confidential license plates—
Issuance, rules governing.
Publicly owned vehicles—Violations concerning marking
and confidential license plates.
Publicly owned vehicles—Remarking not required, when.
Nonresidents, application to.
Control of traffic on capitol grounds.
Control of traffic on capitol grounds—Enforcing officer.
[Title 46 RCW—page 18]
46.08.030 Uniformity of application. The provisions
of this title relating to the operation of vehicles shall be
applicable and uniform upon all persons operating vehicles
upon the public highways of this state, except as otherwise
specifically provided. [1961 c 12 § 46.08.030. Prior: 1937
c 189 § 3; RRS § 6360-3.]
46.08.065 Publicly owned vehicles to be marked—
Exceptions. (1) It is unlawful for any public officer having
charge of any vehicle owned or controlled by any county,
city, town, or public body in this state other than the state of
Washington and used in public business to operate the same
upon the public highways of this state unless and until there
shall be displayed upon such automobile or other motor
vehicle in letters of contrasting color not less than one and
one-quarter inches in height in a conspicuous place on the
right and left sides thereof, the name of such county, city,
town, or other public body, together with the name of the
department or office upon the business of which the said
vehicle is used. This section shall not apply to vehicles of
a sheriff’s office, local police department, or any vehicles
used by local peace officers under public authority for
special undercover or confidential investigative purposes.
This subsection shall not apply to: (a) Any municipal transit
(2002 Ed.)
General Provisions
vehicle operated for purposes of providing public mass
transportation; (b) any vehicle governed by the requirements
of subsection (4) of this section; nor to (c) any motor vehicle
on loan to a school district for driver training purposes. It
shall be lawful and constitute compliance with the provisions
of this section, however, for the governing body of the
appropriate county, city, town, or public body other than the
state of Washington or its agencies to adopt and use a
distinctive insignia which shall be not less than six inches in
diameter across its smallest dimension and which shall be
displayed conspicuously on the right and left sides of the
vehicle. Such insignia shall be in a color or colors contrasting with the vehicle to which applied for maximum visibility. The name of the public body owning or operating the
vehicle shall also be included as part of or displayed above
such approved insignia in colors contrasting with the vehicle
in letters not less than one and one-quarter inches in height.
Immediately below the lettering identifying the public entity
and agency operating the vehicle or below an approved
insignia shall appear the words "for official use only" in
letters at least one inch high in a color contrasting with the
color of the vehicle. The appropriate governing body may
provide by rule or ordinance for marking of passenger motor
vehicles as prescribed in subsection (2) of this section or for
exceptions to the marking requirements for local governmental agencies for the same purposes and under the same
circumstances as permitted for state agencies under subsection (3) of this section.
(2) Except as provided by subsections (3) and (4) of this
section, passenger motor vehicles owned or controlled by the
state of Washington, and purchased after July 1, 1989, must
be plainly and conspicuously marked on the lower left-hand
corner of the rear window with the name of the operating
agency or institution or the words "state motor pool," as
appropriate, the words "state of Washington — for official
use only," and the seal of the state of Washington or the
appropriate agency or institution insignia, approved by the
department of general administration. Markings must be on
a transparent adhesive material and conform to the standards
established by the department of general administration. For
the purposes of this section, "passenger motor vehicles"
means sedans, station wagons, vans, light trucks, or other
motor vehicles under ten thousand pounds gross vehicle
weight.
(3) Subsection (2) of this section shall not apply to
vehicles used by the Washington state patrol for general
undercover or confidential investigative purposes. Traffic
control vehicles of the Washington state patrol may be
exempted from the requirements of subsection (2) of this
section at the discretion of the chief of the Washington state
patrol. The department of general administration shall adopt
general rules permitting other exceptions to the requirements
of subsection (2) of this section for other vehicles used for
law enforcement, confidential public health work, and public
assistance fraud or support investigative purposes, for
vehicles leased or rented by the state on a casual basis for a
period of less than ninety days, and those provided for in
RCW 46.08.066(3). The exceptions in this subsection,
subsection (4) of this section, and those provided for in
RCW 46.08.066(3) shall be the only exceptions permitted to
the requirements of subsection (2) of this section.
(2002 Ed.)
46.08.065
(4) Any motorcycle, vehicle over 10,000 pounds gross
vehicle weight, or other vehicle that for structural reasons
cannot be marked as required by subsection (1) or (2) of this
section that is owned or controlled by the state of Washington or by any county, city, town, or other public body in
this state and used for public purposes on the public highways of this state shall be conspicuously marked in letters of
a contrasting color with the words "State of Washington" or
the name of such county, city, town, or other public body,
together with the name of the department or office that owns
or controls the vehicle.
(5) All motor vehicle markings required under the terms
of this chapter shall be maintained in a legible condition at
all times. [1998 c 111 § 4; 1989 c 57 § 9; 1975 1st ex.s. c
169 § 1; 1961 c 12 § 46.08.065. Prior: 1937 c 189 § 46;
RRS § 6360-46. Formerly RCW 46.36.140.]
Effective date—1989 c 57: See note following RCW 43.19.605.
46.08.066 Publicly owned vehicles—Confidential
license plates—Issuance, rules governing. (1) Except as
provided in subsection (3) of this section, the department of
licensing is authorized to issue confidential motor vehicle
license plates to units of local government and to agencies
of the federal government for law enforcement purposes
only.
(2) Except as provided in subsections (3) and (4) of this
section the use of confidential plates on vehicles owned or
operated by the state of Washington by any officer or
employee thereof, shall be limited to confidential, investigative, or undercover work of state law enforcement agencies,
confidential public health work, and confidential public
assistance fraud or support investigations.
(3) Any state official elected on a statewide basis shall
be provided on request with one set of confidential plates for
use on official business. When necessary for the personal
security of any other public officer, or public employee, the
chief of the Washington state patrol may recommend that the
director issue confidential plates for use on an unmarked
publicly owned or controlled vehicle of the appropriate
governmental unit for the conduct of official business for the
period of time that the personal security of such state
official, public officer, or other public employee may
require. The office of the state treasurer may use an
unmarked state owned or controlled vehicle with confidential
plates where required for the safe transportation of either
state funds or negotiable securities to or from the office of
the state treasurer.
(4) The director of licensing may issue rules and
regulations governing applications for, and the use of, such
plates by law enforcement and other public agencies. [1986
c 158 § 20; 1982 c 163 § 14; 1979 c 158 § 128; 1975 1st
ex.s. c 169 § 2.]
Severability—Effective date—1982 c 163: See notes following
RCW 2.10.052.
46.08.067 Publicly owned vehicles—Violations
concerning marking and confidential license plates. A
violation of any provision of RCW 46.08.065 as now or
hereafter amended or of RCW 46.08.066 shall subject the
public officer or employee committing such violation to
disciplinary action by the appropriate appointing authority or
[Title 46 RCW—page 19]
46.08.067
Title 46 RCW: Motor Vehicles
employing agency. Such disciplinary action may include,
but shall not be limited to, suspension without pay or
termination of employment in the case of repeated or
continuing noncompliance. [1975 1st ex.s. c 169 § 3.]
46.08.068 Publicly owned vehicles—Remarking not
required, when. Any vehicle properly marked pursuant to
statutory requirements in effect prior to September 8, 1975,
need not be remarked to conform to the requirements of
RCW 46.08.065 through 46.08.067 until July 1, 1977. [1975
1st ex.s. c 169 § 4.]
46.08.070 Nonresidents, application to. Subject to
a compliance with the motor vehicle laws of the state and
acceptance of the provisions of this title, nonresident owners
and operators of vehicles hereby are granted the privilege of
using the public highways of this state, and use of such
public highways shall be deemed and construed to be an
acceptance by such nonresident owners and operators of the
provisions of this title. [1961 c 12 § 46.08.070. Prior:
1937 c 189 § 128; RRS § 6360-128.]
46.08.150 Control of traffic on capitol grounds.
The director of general administration shall have power to
devise and promulgate rules and regulations for the control
of vehicular and pedestrian traffic and the parking of motor
vehicles on the state capitol grounds. However, the monetary penalty for parking a motor vehicle without a valid
special license plate or placard in a parking place reserved
for physically disabled persons shall be the same as provided
in RCW 46.16.381. Such rules and regulations shall be
promulgated by publication in one issue of a newspaper
published at the state capitol and shall be given such further
publicity as the director may deem proper. [1995 c 384 § 2;
1961 c 12 § 46.08.150. Prior: 1955 c 285 § 21; 1947 c 11
§ 1; Rem. Supp. 1947 § 7921-20.]
46.08.160 Control of traffic on capitol grounds—
Enforcing officer. The chief of the Washington state patrol
shall be the chief enforcing officer to assure the proper
enforcement of such rules and regulations. [1961 c 12 §
46.08.160. Prior: 1947 c 11 § 2; Rem. Supp. 1947 § 792121.]
46.08.170 Control of traffic on capitol grounds—
Violations, traffic infractions, misdemeanors—
Jurisdiction. Any violation of a rule or regulation prescribed under RCW 46.08.150 is a traffic infraction, and the
district courts of Thurston county shall have jurisdiction over
such offenses: PROVIDED, That violation of a rule or
regulation relating to traffic including parking, standing,
stopping, and pedestrian offenses is a traffic infraction,
except that violation of a rule or regulation equivalent to
those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor. [1987 c 202 § 213; 1979
ex.s. c 136 § 40; 1963 c 158 § 2; 1961 c 12 § 46.08.170.
Prior: 1947 c 11 § 3; Rem. Supp. 1947 § 7921-22.]
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
[Title 46 RCW—page 20]
46.08.172 Parking rental fees—Establishment. The
director of the department of general administration shall
establish equitable and consistent parking rental fees for the
capitol campus and may, if requested by agencies, establish
equitable and consistent parking rental fees for agencies off
the capitol campus, to be charged to employees, visitors,
clients, service providers, and others, that reflect the
legislature’s intent to reduce state subsidization of parking or
to meet the commute trip reduction goals established in
RCW 70.94.527. All fees shall take into account the market
rate of comparable privately owned rental parking, as
determined by the director. However, parking rental fees are
not to exceed the local market rate of comparable privately
owned rental parking.
The director may delegate the responsibility for the
collection of parking fees to other agencies of state government when cost-effective. [1995 c 215 § 4; 1993 c 394 § 4.
Prior: 1991 sp.s. c 31 § 12; 1991 sp.s. c 13 § 41; 1988 ex.s.
c 2 § 901; 1985 c 57 § 59; 1984 c 258 § 323; 1963 c 158 §
1.]
Finding—Purpose—1993 c 394: See note following RCW
43.01.220.
Severability—1991 sp.s. c 31: See RCW 43.99I.900.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Fee deposition: RCW 43.01.225.
46.08.190 Jurisdiction of judges of district, municipal, and superior court. Every district and municipal court
judge shall have concurrent jurisdiction with superior court
judges of the state for all violations of the provisions of this
title, except the trial of felony charges on the merits, and
may impose any punishment provided therefor. [1995 c 136
§ 1; 1984 c 258 § 136; 1961 c 12 § 46.08.190. Prior: 1955
c 393 § 4.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
Chapter 46.09
OFF-ROAD AND NONHIGHWAY VEHICLES
Sections
46.09.010
46.09.020
46.09.030
46.09.040
46.09.050
46.09.070
46.09.080
46.09.110
46.09.120
46.09.130
46.09.140
46.09.150
Application of chapter—Permission necessary to enter upon
private lands.
Definitions.
Use permits—Issuance—Fees.
Use permit prerequisite to operation.
Vehicles exempted from ORV use permits and tags.
Application for ORV use permit.
ORV dealers—Permits—Fees—Number plates—Title application—Violations.
Disposition of ORV moneys.
Operating violations.
Additional violations—Penalty.
Accident reports.
Motor vehicle fuel excise taxes on fuel for nonhighway
vehicles not refundable.
(2002 Ed.)
Off-Road and Nonhighway Vehicles
46.09.165
Nonhighway and off-road vehicle activities program account.
46.09.170 Refunds from motor vehicle fund—Distribution—Use.
46.09.180 Regulation by local political subdivisions or state agencies.
46.09.190 General penalty—Civil liability.
46.09.200 Enforcement.
46.09.240 Administration and distribution of ORV moneys.
46.09.250 Statewide plan.
46.09.280 Committee to advise on administration of chapter.
46.09.900 Severability—1971 ex.s. c 47.
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Emergency medical services fee: RCW 46.12.042.
46.09.010 Application of chapter—Permission
necessary to enter upon private lands. The provisions of
this chapter shall apply to all lands in this state. Nothing in
chapter 43.09 RCW, *RCW 67.32.050, 67.32.080, 67.32.100,
67.32.130 or 67.32.140 shall be deemed to grant to any
person the right or authority to enter upon private property
without permission of the property owner. [1972 ex.s. c 153
§ 2; 1971 ex.s. c 47 § 6.]
Reviser’s note: *(1) RCW 67.32.050, 67.32.080, 67.32.100,
67.32.130, and 67.32.140 were recodified as RCW 79A.35.040, 79A.35.070,
79A.35.090, 79A.35.110, and 79A.35.120, respectively, pursuant to 1999 c
249 § 1601.
(2) Throughout chapter 46.09 RCW, with the exception of RCW
46.09.010 and 46.09.900, the phrase "this 1971 amendatory act" has been
changed to "this chapter." This 1971 amendatory act [1971 ex.s. c 47]
consisted of the enactment of chapter 46.09 RCW and RCW 67.32.130 and
67.32.140 and the amendment of RCW 67.32.050, 67.32.080, and
67.32.100.
Purpose—1972 ex.s. c 153: See RCW 67.32.080.
46.09.020 Definitions. As used in this chapter the
following words and phrases have the designated meanings
unless a different meaning is expressly provided or the
context otherwise clearly indicates:
"Person" means any individual, firm, partnership,
association, or corporation.
"Nonhighway vehicle" means any motorized vehicle
when used for recreation travel on trails and nonhighway
roads or for recreation cross-country travel on any one of the
following or a combination thereof: Land, water, snow, ice,
marsh, swampland, and other natural terrain. Such vehicles
include but are not limited to, off-road vehicles, two, three,
or four-wheel vehicles, motorcycles, four-wheel drive
vehicles, dune buggies, amphibious vehicles, ground effects
or air cushion vehicles, and any other means of land transportation deriving motive power from any source other than
muscle or wind.
Nonhighway vehicle does not include:
(1) Any vehicle designed primarily for travel on, over,
or in the water;
(2) Snowmobiles or any military vehicles; or
(3) Any vehicle eligible for a motor vehicle fuel tax
exemption or rebate under chapter 82.36 RCW while an
exemption or rebate is claimed. This exemption includes but
is not limited to farm, construction, and logging vehicles.
"Off-road vehicle" or "ORV" means any nonhighway
vehicle when used for cross-country travel on trails or on
any one of the following or a combination thereof: Land,
water, snow, ice, marsh, swampland and other natural terrain.
"ORV use permit" means a permit issued for operation
of an off-road vehicle under this chapter.
(2002 Ed.)
Chapter 46.09
"ORV trail" means a multiple-use corridor designated
and maintained for recreational travel by off-road vehicles
that is not normally suitable for travel by conventional twowheel drive vehicles and is posted or designated by the
managing authority of the property that the trail traverses as
permitting ORV travel.
"ORV use area" means the entire area of a parcel of
land except for camping and approved buffer areas that is
posted or designated for ORV use in accordance with rules
adopted by the managing authority.
"ORV recreation facility" includes ORV trails and ORV
use areas.
"Owner" means the person other than the lienholder,
having an interest in or title to a nonhighway vehicle, and
entitled to the use or possession thereof.
"Operator" means each person who operates, or is in
physical control of, any nonhighway vehicle.
"Dealer" means a person, partnership, association, or
corporation engaged in the business of selling off-road
vehicles at wholesale or retail in this state.
"Department" means the department of licensing.
"Hunt" means any effort to kill, injure, capture, or
purposely disturb a wild animal or wild bird.
"Nonhighway road" means any road owned or managed
by a public agency, or any private road for which the owner
has granted a permanent easement for public use of the road,
other than a highway generally capable of travel by a
conventional two-wheel drive passenger automobile during
most of the year and in use by such vehicles and that is not
built or maintained with appropriations from the motor
vehicle fund.
"Highway," for the purpose of this chapter only, means
the entire width between the boundary lines of every way
publicly maintained by the state department of transportation
or any county or city when any part thereof is generally
open to the use of the public for purposes of vehicular travel
as a matter of right.
"Organized competitive event" means any competition,
advertised in advance through written notice to organized
clubs or published in local newspapers, sponsored by
recognized clubs, and conducted at a predetermined time and
place. [1986 c 206 § 1; 1979 c 158 § 129; 1977 ex.s. c 220
§ 1; 1972 ex.s. c 153 § 3; 1971 ex.s. c 47 § 7.]
Effective date—1986 c 206: "This act shall take effect on June 30,
1986." [1986 c 206 § 17.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.030 Use permits—Issuance—Fees. The
department shall provide for the issuance of use permits for
off-road vehicles and may appoint agents for collecting fees
and issuing permits. The department shall charge each
applicant for registration the actual cost of the decal. The
department shall make available replacement decals for a fee
equivalent to the actual cost of the decals. The provisions
of RCW 46.01.130 and 46.01.140 apply to the issuance of
use permits for off-road vehicles as they do to the issuance
of vehicle licenses, the appointment of agents and the
collection of application fees. [1990 c 250 § 23; 1986 c 206
§ 2; 1977 ex.s. c 220 § 2; 1972 ex.s. c 153 § 4; 1971 ex.s.
c 47 § 8.]
Severability—1990 c 250: See note following RCW 46.16.301.
[Title 46 RCW—page 21]
46.09.030
Title 46 RCW: Motor Vehicles
Effective date—1986 c 206: See note following RCW 46.09.020.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.040 Use permit prerequisite to operation.
Except as provided in this chapter, no person shall operate
any off-road vehicle within this state after January 1, 1978,
unless the off-road vehicle has been assigned an ORV use
permit and displays a current ORV tag in accordance with
the provisions of this chapter: PROVIDED, That registration
and display of an unexpired ATV use permit shall be
deemed to have complied with this section. [1977 ex.s. c
220 § 3; 1972 ex.s. c 153 § 5; 1971 ex.s. c 47 § 9.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.050 Vehicles exempted from ORV use permits
and tags. ORV use permits and ORV tags shall be required
under the provisions of this chapter except for the following:
(1) Off-road vehicles owned and operated by the United
States, another state, or a political subdivision thereof.
(2) Off-road vehicles owned and operated by this state,
or by any municipality or political subdivision thereof.
(3) An off-road vehicle operating in an organized
competitive event on privately owned or leased land:
PROVIDED, That if such leased land is owned by the state
of Washington this exemption shall not apply unless the state
agency exercising jurisdiction over the land in question
specifically authorizes said competitive event: PROVIDED
FURTHER, That such exemption shall be strictly construed.
(4) Off-road vehicles operated on lands owned or leased
by the ORV owner or operator or on lands which the
operator has permission to operate without an ORV use
permit.
(5) Off-road vehicles owned by a resident of another
state that have a valid ORV permit or vehicle license issued
in accordance with the laws of the other state. This exemption shall apply only to the extent that a similar exemption
or privilege is granted under the laws of that state.
(6) Off-road vehicles while being used for search and
rescue purposes under the authority or direction of an
appropriate search and rescue or law enforcement agency.
(7) Vehicles used primarily for construction or inspection purposes during the course of a commercial operation.
(8) Vehicles which are licensed pursuant to chapter
46.16 RCW or in the case of nonresidents, vehicles which
are validly licensed for operation over public highways in
the jurisdiction of the owner’s residence. [1986 c 206 § 3;
1977 ex.s. c 220 § 4; 1972 ex.s. c 153 § 6; 1971 ex.s. c 47
§ 10.]
Effective date—1986 c 206: See note following RCW 46.09.020.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.070 Application for ORV use permit. (1)
Application for annual or temporary ORV use permits shall
be made to the department or its authorized agent in such
manner and upon such forms as the department shall
prescribe and shall state the name and address of each owner
of the off-road vehicle.
(2) An application for an annual permit shall be signed
by at least one owner, and shall be accompanied by a fee of
five dollars. Upon receipt of the annual permit application
and the application fee, the off-road vehicle shall be assigned
[Title 46 RCW—page 22]
a use permit number tag or decal, which shall be affixed to
the off-road vehicle in a manner prescribed by the department. The annual permit is valid for a period of one year
and is renewable each year in such manner as the department
may prescribe for an additional period of one year upon
payment of a renewal fee of five dollars.
Any person acquiring an off-road vehicle for which an
annual permit has been issued who desires to continue to use
the permit must, within fifteen days of the acquisition of the
off-road vehicle, make application to the department or its
authorized agent for transfer of the permit, and the application shall be accompanied by a transfer fee of five dollars.
(3) A temporary use permit is valid for sixty days.
Application for a temporary permit shall be accompanied by
a fee of two dollars. The permit shall be carried on the
vehicle at all times during its operation in the state.
(4) Except as provided in RCW 46.09.050, any out-ofstate operator of an off-road vehicle shall, when operating in
this state, comply with this chapter, and if an ORV use
permit is required under this chapter, the operator shall
obtain an annual or temporary permit and tag. [2002 c 352
§ 1; 1997 c 241 § 1; 1986 c 206 § 4; 1977 ex.s. c 220 § 6;
1972 ex.s. c 153 § 8; 1971 ex.s. c 47 § 12.]
Effective dates—2002 c 352: "Sections 7, 9, and 28 of this act are
effective with registrations that are due or will become due September 1,
2002, and thereafter. Section 26 of this act takes effect October 1, 2002.
The remainder of this act takes effect July 1, 2002." [2002 c 352 § 30.]
Effective date—1986 c 206: See note following RCW 46.09.020.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.080 ORV dealers—Permits—Fees—Number
plates—Title application—Violations. (1) Each dealer of
off-road vehicles in this state who does not have a current
"dealer’s plate" for vehicle use pursuant to chapter 46.70
RCW shall obtain an ORV dealer permit from the department in such manner and upon such forms as the department
shall prescribe. Upon receipt of an application for an ORV
dealer permit and the fee under subsection (2) of this
section, the dealer shall be registered and an ORV dealer
permit number assigned.
(2) The fee for ORV dealer permits shall be twenty-five
dollars per year, which covers all of the off-road vehicles
owned by a dealer and not rented. Off-road vehicles rented
on a regular, commercial basis by a dealer shall have
separate use permits.
(3) Upon the issuance of an ORV dealer permit each
dealer may purchase, at a cost to be determined by the
department, ORV dealer number plates of a size and color
to be determined by the department, that contain the dealer
ORV permit number assigned to the dealer. Each off-road
vehicle operated by a dealer, dealer representative, or
prospective customer for the purposes of testing or demonstration shall display such number plates assigned pursuant
to the dealer permit provisions in chapter 46.70 RCW or this
section, in a manner prescribed by the department.
(4) No dealer, dealer representative, or prospective
customer shall use such number plates for any purpose other
than the purpose prescribed in subsection (3) of this section.
(5) ORV dealer permit numbers shall be nontransferable.
(6) It is unlawful for any dealer to sell any off-road
vehicle at wholesale or retail or to test or demonstrate any
(2002 Ed.)
Off-Road and Nonhighway Vehicles
off-road vehicle within the state unless he has a motor
vehicle dealers’ license pursuant to chapter 46.70 RCW or
an ORV dealer permit number in accordance with this
section.
(7) When an ORV is sold by a dealer, the dealer shall
apply for title in the purchaser’s name within fifteen days
following the sale. [1990 c 250 § 24; 1986 c 206 § 5; 1977
ex.s. c 220 § 7; 1972 ex.s. c 153 § 9; 1971 ex.s. c 47 § 13.]
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1986 c 206: See note following RCW 46.09.020.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.110 Disposition of ORV moneys. The moneys
collected by the department under this chapter shall be
distributed from time to time but at least once a year in the
following manner:
The department shall retain enough money to cover
expenses incurred in the administration of this chapter:
PROVIDED, That such retention shall never exceed eighteen
percent of fees collected.
The remaining moneys shall be distributed by the
interagency committee for outdoor recreation in accordance
with RCW 46.09.170(1)(d). [1986 c 206 § 6; 1985 c 57 §
60; 1977 ex.s. c 220 § 9; 1972 ex.s. c 153 § 11; 1971 ex.s.
c 47 § 16.]
Effective date—1986 c 206: See note following RCW 46.09.020.
Effective date—1985 c 57: See note following RCW 18.04.105.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.120 Operating violations. (1) It is a traffic
infraction for any person to operate any nonhighway vehicle:
(a) In such a manner as to endanger the property of
another;
(b) On lands not owned by the operator or owner of the
nonhighway vehicle without a lighted headlight and taillight
between the hours of dusk and dawn, or when otherwise
required for the safety of others regardless of ownership;
(c) On lands not owned by the operator or owner of the
nonhighway vehicle without an adequate braking device or
when otherwise required for the safety of others regardless
of ownership;
(d) Without a spark arrester approved by the department
of natural resources;
(e) Without an adequate, and operating, muffling device
which effectively limits vehicle noise to no more than
eighty-six decibels on the "A" scale at fifty feet as measured
by the Society of Automotive Engineers (SAE) test procedure J 331a, except that a maximum noise level of one
hundred and five decibels on the "A" scale at a distance of
twenty inches from the exhaust outlet shall be an acceptable
substitute in lieu of the Society of Automotive Engineers test
procedure J 331a when measured:
(i) At a forty-five degree angle at a distance of twenty
inches from the exhaust outlet;
(ii) With the vehicle stationary and the engine running
at a steady speed equal to one-half of the manufacturer’s
maximum allowable ("red line") engine speed or where the
manufacturer’s maximum allowable engine speed is not
known the test speed in revolutions per minute calculated as
sixty percent of the speed at which maximum horsepower is
developed; and
(2002 Ed.)
46.09.080
(iii) With the microphone placed ten inches from the
side of the vehicle, one-half way between the lowest part of
the vehicle body and the ground plane, and in the same
lateral plane as the rearmost exhaust outlet where the outlet
of the exhaust pipe is under the vehicle;
(f) On lands not owned by the operator or owner of the
nonhighway vehicle upon the shoulder or inside bank or
slope of any nonhighway road or highway, or upon the
median of any divided highway;
(g) On lands not owned by the operator or owner of the
nonhighway vehicle in any area or in such a manner so as to
unreasonably expose the underlying soil, or to create an
erosion condition, or to injure, damage, or destroy trees,
growing crops, or other vegetation;
(h) On lands not owned by the operator or owner of the
nonhighway vehicle or on any nonhighway road or trail
which is restricted to pedestrian or animal travel; and
(i) On any public lands in violation of rules and
regulations of the agency administering such lands.
(2) It is a misdemeanor for any person to operate any
nonhighway vehicle while under the influence of intoxicating
liquor or a controlled substance. [1979 ex.s. c 136 § 41;
1977 ex.s. c 220 § 10; 1972 ex.s. c 153 § 12; 1971 ex.s. c
47 § 17.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.130 Additional violations—Penalty. No person
may operate a nonhighway vehicle in such a way as to
endanger human life. No person shall operate a nonhighway
vehicle in such a way as to run down or harass any wildlife
or animal, nor carry, transport, or convey any loaded weapon
in or upon, nor hunt from, any nonhighway vehicle except
by permit issued by the director of fish and wildlife under
RCW 77.32.237: PROVIDED, That it shall not be unlawful
to carry, transport, or convey a loaded pistol in or upon a
nonhighway vehicle if the person complies with the terms
and conditions of chapter 9.41 RCW.
Violation of this section is a gross misdemeanor. [1994
c 264 § 35; 1989 c 297 § 3; 1986 c 206 § 7; 1977 ex.s. c
220 § 11; 1971 ex.s. c 47 § 18.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—1986 c 206: See note following RCW 46.09.020.
46.09.140 Accident reports. The operator of any
nonhighway vehicle involved in any accident resulting in
injury to or death of any person, or property damage to
another to an apparent extent equal to or greater than the
minimum amount established by rule adopted by the chief of
the Washington state patrol in accordance with chapter 46.52
RCW, or a person acting for the operator shall submit such
reports as are required under chapter 46.52 RCW, and the
provisions of chapter 46.52 RCW applies to the reports when
submitted. [1990 c 250 § 25; 1977 ex.s. c 220 § 12; 1971
ex.s. c 47 § 19.]
Severability—1990 c 250: See note following RCW 46.16.301.
[Title 46 RCW—page 23]
46.09.150
Title 46 RCW: Motor Vehicles
46.09.150 Motor vehicle fuel excise taxes on fuel for
nonhighway vehicles not refundable. Motor vehicle fuel
excise taxes paid on fuel used and purchased for providing
the motive power for nonhighway vehicles shall not be
refundable in accordance with the provisions of RCW
82.36.280 as it now exists or is hereafter amended. [1977
ex.s. c 220 § 13; 1974 ex.s. c 144 § 1; 1972 ex.s. c 153 §
13; 1971 ex.s. c 47 § 20.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.165 Nonhighway and off-road vehicle activities program account. The nonhighway and off-road
vehicle activities program account is created in the state
treasury. Moneys in this account are subject to legislative
appropriation. The interagency committee for outdoor
recreation shall administer the account for purposes specified
in this chapter and shall hold it separate and apart from all
other money, funds, and accounts of the interagency committee for outdoor recreation. Grants, gifts, or other financial
assistance, proceeds received from public bodies as administrative cost contributions, and any moneys made available to
the state of Washington by the federal government for
outdoor recreation may be deposited into the account. [1995
c 166 § 11.]
46.09.170 Refunds from motor vehicle fund—
Distribution—Use. (Effective unless Referendum Bill No.
51 is approved at the November 2002 general election.) (1)
From time to time, but at least once each year, the state
treasurer shall refund from the motor vehicle fund one
percent of the motor vehicle fuel tax revenues collected
under chapter 82.36 RCW, based on the tax rate in effect
January 1, 1990, less proper deductions for refunds and costs
of collection as provided in RCW 46.68.090. The treasurer
shall place these funds in the general fund as follows:
(a) Forty percent shall be credited to the ORV and
nonhighway vehicle account and administered by the
department of natural resources solely for planning, maintenance, and management of ORV recreation facilities,
nonhighway roads, and nonhighway road recreation facilities.
The funds under this subsection shall be expended in accordance with the following limitations:
(i) Not more than five percent may be expended for
information programs under this chapter;
(ii) Not less than ten percent and not more than fifty
percent may be expended for ORV recreation facilities;
(iii) Not more than twenty-five percent may be expended for maintenance of nonhighway roads;
(iv) Not more than fifty percent may be expended for
nonhighway road recreation facilities;
(v) Ten percent shall be transferred to the interagency
committee for outdoor recreation for grants to law enforcement agencies in those counties where the department of
natural resources maintains ORV facilities. This amount is
in addition to those distributions made by the interagency
committee for outdoor recreation under (d)(i) of this subsection;
(b) Three and one-half percent shall be credited to the
ORV and nonhighway vehicle account and administered by
the department of fish and wildlife solely for the acquisition,
[Title 46 RCW—page 24]
planning, development, maintenance, and management of
nonhighway roads and recreation facilities;
(c) Two percent shall be credited to the ORV and
nonhighway vehicle account and administered by the parks
and recreation commission solely for the maintenance and
management of ORV use areas and facilities; and
(d) Fifty-four and one-half percent, together with the
funds received by the interagency committee for outdoor
recreation under RCW 46.09.110, shall be credited to the
nonhighway and off-road vehicle activities program account
to be administered by the committee for planning, acquisition, development, maintenance, and management of ORV
recreation facilities and nonhighway road recreation facilities; ORV user education and information; and ORV law
enforcement programs. The funds under this subsection
shall be expended in accordance with the following limitations:
(i) Not more than twenty percent may be expended for
ORV education, information, and law enforcement programs
under this chapter;
(ii) Not less than an amount equal to the funds received
by the interagency committee for outdoor recreation under
RCW 46.09.110 and not more than sixty percent may be
expended for ORV recreation facilities;
(iii) Not more than twenty percent may be expended for
nonhighway road recreation facilities.
(2) On a yearly basis an agency may not, except as
provided in RCW 46.09.110, expend more than ten percent
of the funds it receives under this chapter for general
administration expenses incurred in carrying out this chapter.
[1995 c 166 § 9; 1994 c 264 § 36; 1990 c 42 § 115; 1988 c
36 § 25; 1986 c 206 § 8; 1979 c 158 § 130; 1977 ex.s. c
220 § 14; 1975 1st ex.s. c 34 § 1; 1974 ex.s. c 144 § 3;
1972 ex.s. c 153 § 15; 1971 ex.s. c 47 § 22.]
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1986 c 206: See note following RCW 46.09.020.
Effective date—1975 1st ex.s. c 34: "This 1975 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [1975 1st ex.s. c 34 § 4.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.170 Refunds from motor vehicle fund—
Distribution—Use. (Effective December 30, 2002, if
Referendum Bill No. 51 is approved at the November 2002
general election.) (1) From time to time, but at least once
each year, the state treasurer shall refund from the motor
vehicle fund one percent of the motor vehicle fuel tax
revenues collected under chapter 82.36 RCW, based on the
tax rate in effect January 1, 2001, less proper deductions for
refunds and costs of collection as provided in RCW
46.68.090. The treasurer shall place these funds in the
general fund as follows:
(a) Forty percent shall be credited to the ORV and
nonhighway vehicle account and administered by the
department of natural resources solely for planning, maintenance, and management of ORV recreation facilities,
nonhighway roads, and nonhighway road recreation facilities.
The funds under this subsection shall be expended in accordance with the following limitations:
(2002 Ed.)
Off-Road and Nonhighway Vehicles
(i) Not more than five percent may be expended for
information programs under this chapter;
(ii) Not less than ten percent and not more than fifty
percent may be expended for ORV recreation facilities;
(iii) Not more than twenty-five percent may be expended for maintenance of nonhighway roads;
(iv) Not more than fifty percent may be expended for
nonhighway road recreation facilities;
(v) Ten percent shall be transferred to the interagency
committee for outdoor recreation for grants to law enforcement agencies in those counties where the department of
natural resources maintains ORV facilities. This amount is
in addition to those distributions made by the interagency
committee for outdoor recreation under (d)(i) of this subsection;
(b) Three and one-half percent shall be credited to the
ORV and nonhighway vehicle account and administered by
the department of fish and wildlife solely for the acquisition,
planning, development, maintenance, and management of
nonhighway roads and recreation facilities;
(c) Two percent shall be credited to the ORV and
nonhighway vehicle account and administered by the parks
and recreation commission solely for the maintenance and
management of ORV use areas and facilities; and
(d) Fifty-four and one-half percent, together with the
funds received by the interagency committee for outdoor
recreation under RCW 46.09.110, shall be credited to the
nonhighway and off-road vehicle activities program account
to be administered by the committee for planning, acquisition, development, maintenance, and management of ORV
recreation facilities and nonhighway road recreation facilities; ORV user education and information; and ORV law
enforcement programs. The expenditures in this subsection
(1)(d) shall be calculated on the motor vehicle fuel tax in
effect January 1, 1990, until this subsection (1)(d) is amended to reflect the findings of the recreational fuel use study
provided in section 346, chapter 8, Laws of 2001 2nd sp.
sess. The funds under this subsection shall be expended in
accordance with the following limitations:
(i) Not more than twenty percent may be expended for
ORV education, information, and law enforcement programs
under this chapter;
(ii) Not less than an amount equal to the funds received
by the interagency committee for outdoor recreation under
RCW 46.09.110 and not more than sixty percent may be
expended for ORV recreation facilities;
(iii) Not more than twenty percent may be expended for
nonhighway road recreation facilities.
(2) On a yearly basis an agency may not, except as
provided in RCW 46.09.110, expend more than ten percent
of the funds it receives under this chapter for general
administration expenses incurred in carrying out this chapter.
[2002 c 202 § 310; 1995 c 166 § 9; 1994 c 264 § 36; 1990
c 42 § 115; 1988 c 36 § 25; 1986 c 206 § 8; 1979 c 158 §
130; 1977 ex.s. c 220 § 14; 1975 1st ex.s. c 34 § 1; 1974
ex.s. c 144 § 3; 1972 ex.s. c 153 § 15; 1971 ex.s. c 47 §
22.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
(2002 Ed.)
46.09.170
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1986 c 206: See note following RCW 46.09.020.
Effective date—1975 1st ex.s. c 34: "This 1975 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [1975 1st ex.s. c 34 § 4.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.180 Regulation by local political subdivisions
or state agencies. Notwithstanding any of the provisions of
this chapter, any city, county, or other political subdivision
of this state, or any state agency, may regulate the operation
of nonhighway vehicles on public lands, waters, and other
properties under its jurisdiction, and on streets or highways
within its boundaries by adopting regulations or ordinances
of its governing body, provided such regulations are not less
stringent than the provisions of this chapter. [1977 ex.s. c
220 § 15; 1971 ex.s. c 47 § 23.]
46.09.190 General penalty—Civil liability. (1)
Except as provided in RCW 46.09.120(2) and 46.09.130 as
now or hereafter amended, violation of the provisions of this
chapter is a traffic infraction for which a penalty of not less
than twenty-five dollars may be imposed.
(2) In addition to the penalties provided in subsection
(1) of this section, the owner and/or the operator of any
nonhighway vehicle shall be liable for any damage to
property including damage to trees, shrubs, or growing crops
injured as the result of travel by the nonhighway vehicle.
The owner of such property may recover from the person
responsible three times the amount of damage. [1979 ex.s.
c 136 § 42; 1977 ex.s. c 220 § 16; 1972 ex.s. c 153 § 16;
1971 ex.s. c 47 § 24.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.200 Enforcement. The provisions of this
chapter shall be enforced by all persons having the authority
to enforce any of the laws of this state, including, without
limitation, officers of the state patrol, county sheriffs and
their deputies, all municipal law enforcement officers within
their respective jurisdictions, fish and wildlife officers, state
park rangers, and those employees of the department of
natural resources designated by the commissioner of public
lands under RCW 43.30.310, 76.04.035, and 76.04.045.
[2001 c 253 § 3; 1986 c 100 § 52; 1971 ex.s. c 47 § 25.]
46.09.240 Administration and distribution of ORV
moneys. (1) After deducting administrative expenses and
the expense of any programs conducted under this chapter,
the interagency committee for outdoor recreation shall, at
least once each year, distribute the funds it receives under
RCW 46.09.110 and 46.09.170 to state agencies, counties,
municipalities, federal agencies, nonprofit ORV organizations, and Indian tribes. Funds distributed under this section
to nonprofit ORV organizations may be spent only on
projects or activities that benefit ORV recreation on lands
[Title 46 RCW—page 25]
46.09.240
Title 46 RCW: Motor Vehicles
once publicly owned that come into private ownership in a
federally approved land exchange completed between
January 1, 1998, and January 1, 2005.
The committee shall adopt rules governing applications
for funds administered by the agency under this chapter and
shall determine the amount of money distributed to each
applicant. Agencies receiving funds under this chapter for
capital purposes shall consider the possibility of contracting
with the state parks and recreation commission, the department of natural resources, or other federal, state, and local
agencies to employ the youth development and conservation
corps or other youth crews in completing the project.
(2) The interagency committee shall require each
applicant for land acquisition or development funds under
this section to conduct, before submitting the application, a
public hearing in the nearest town of five hundred population
or more, and publish notice of such hearing on the same day
of each week for two consecutive weeks as follows:
(a) In the newspaper of general circulation published
nearest the proposed project;
(b) In the newspaper having the largest circulation in the
county or counties where the proposed project is located; and
(c) If the proposed project is located in a county with a
population of less than forty thousand, the notice shall also
be published in the newspaper having the largest circulation
published in the nearest county that has a population of forty
thousand or more.
(3) The notice shall state that the purpose of the hearing
is to solicit comments regarding an application being
prepared for submission to the interagency committee for
outdoor recreation for acquisition or development funds
under the off-road and nonhighway vehicle program. The
applicant shall file notice of the hearing with the department
of ecology at the main office in Olympia and shall comply
with the State Environmental Policy Act, chapter 43.21C
RCW. A written record and a magnetic tape recording of
the hearing shall be included in the application. [1998 c 144
§ 1; 1991 c 363 § 122; 1986 c 206 § 9; 1977 ex.s. c 220 §
17.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Effective date—1986 c 206: See note following RCW 46.09.020.
46.09.250 Statewide plan. The interagency committee for outdoor recreation shall maintain a statewide plan
which shall be updated at least once every third biennium
and shall be used by all participating agencies to guide
distribution and expenditure of funds under this chapter.
[1986 c 206 § 11; 1977 ex.s. c 220 § 18.]
Effective date—1986 c 206: See note following RCW 46.09.020.
46.09.280 Committee to advise on administration of
chapter. The interagency committee for outdoor recreation
shall establish a committee of nonhighway road
recreationists, including representatives of organized ORV
groups, to provide advice regarding the administration of this
chapter. Only representatives of organized ORV groups may
be voting members of the committee with respect to expenditure of funds received under RCW 46.09.110. [1986 c 206
§ 13.]
Effective date—1986 c 206: See note following RCW 46.09.020.
[Title 46 RCW—page 26]
46.09.900 Severability—1971 ex.s. c 47. If any
provision of this 1971 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
this 1971 amendatory act, or the application of the provision
to other persons or circumstances is not affected. [1971
ex.s. c 47 § 26.]
Chapter 46.10
SNOWMOBILES
Sections
46.10.010
46.10.020
Definitions.
Ownership, transport, or operation of snowmobile without
registration prohibited.
46.10.030 Ownership or operation of snowmobile without registration
prohibited—Exceptions.
46.10.040 Application for registration—Annual fee—Registration number—Term—Renewal—Transfer—Nonresident permit—
Decals.
46.10.043 Registration or transfer of registration pursuant to sale by
dealer—Temporary registration.
46.10.050 Snowmobile dealers’ registration—Fee—Dealer number
plates, use—Sale or demonstration unlawful without
registration.
46.10.055 Denial, suspension, or revocation of dealer registration or
assessment of monetary civil penalty, when.
46.10.060 Registration number permanent—Certificate of registration,
date tags.
46.10.070 Affixing and displaying registration number.
46.10.075 Snowmobile account—Deposits—Appropriations, use.
46.10.080 Distribution of snowmobile registration fees, civil penalties,
and fuel tax moneys.
46.10.090 Operating violations.
46.10.100 Crossing public roadways and highways lawful, when.
46.10.110 Operating upon public road or highway lawful, when.
46.10.120 Restrictions on age of operators—Qualifications.
46.10.130 Additional violations—Penalty.
46.10.140 Accident reports.
46.10.150 Refund of snowmobile fuel tax to snowmobile account.
46.10.160 Snowmobile fuel excise tax nonrefundable.
46.10.170 Amount of snowmobile fuel tax paid as motor vehicle fuel
tax.
46.10.180 Regulation by political subdivisions, state agencies.
46.10.185 Local authorities may provide for safety and convenience.
46.10.190 Violations as traffic infractions—Exceptions—Civil liability.
46.10.200 Enforcement.
46.10.210 Administration.
46.10.220 Snowmobile advisory committee.
46.10.900 Severability—1971 ex.s. c 29.
46.10.910 Short title.
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Emergency medical services fee: RCW 46.12.042.
46.10.010 Definitions. As used in this chapter the
words and phrases in this section shall have the designated
meanings unless a different meaning is expressly provided or
the context otherwise clearly indicated.
(1) "Person" shall mean any individual, firm, partnership, association, or corporation.
(2) "Snowmobile" shall mean any self-propelled vehicle
capable of traveling over snow or ice, which utilizes as its
means of propulsion an endless belt tread, or cleats, or any
combination of these or other similar means of contact with
the surface upon which it is operated, and which is steered
wholly or in part by skis or sled type runners, and which is
not otherwise registered as, or subject to the motor vehicle
excise tax in the state of Washington.
(2002 Ed.)
Snowmobiles
(3) "All terrain vehicle" shall mean any self-propelled
vehicle other than a snowmobile, capable of cross-country
travel on or immediately over land, water, snow, ice, marsh,
swampland, and other natural terrain, including, but not
limited to, four-wheel vehicles, amphibious vehicles, ground
effect or air cushion vehicles, and any other means of land
transportation deriving motive power from any source other
than muscle or wind; except any vehicle designed primarily
for travel on, over, or in the water, farm vehicles, or any
military or law enforcement vehicles.
(4) "Owner" shall mean the person, other than a
lienholder, having the property in or title to a snowmobile or
all terrain vehicle, and entitled to the use or possession
thereof.
(5) "Operator" means each person who operates, or is in
physical control of, any snowmobile or all terrain vehicle.
(6) "Public roadway" shall mean the entire width of the
right of way of any road or street designed and ordinarily
used for travel or parking of motor vehicles, which is
controlled by a public authority other than the Washington
state department of transportation, and which is open as a
matter of right to the general public for ordinary vehicular
traffic.
(7) "Highways" shall mean the entire width of the right
of way of all primary and secondary state highways, including all portions of the interstate highway system.
(8) "Dealer" means a person, partnership, association, or
corporation engaged in the business of selling snowmobiles
or all terrain vehicles at wholesale or retail in this state.
(9) "Department" shall mean the department of licensing.
(10) "Director" shall mean the director of the department of licensing.
(11) "Commission" shall mean the Washington state
parks and recreation commission.
(12) "Hunt" shall mean any effort to kill, injure, capture,
or disturb a wild animal or wild bird.
(13) "Committee" means the Washington state parks and
recreation commission snowmobile advisory committee.
[1979 ex.s. c 182 § 1; 1979 c 158 § 131; 1971 ex.s. c 29 §
1.]
46.10.020 Ownership, transport, or operation of
snowmobile without registration prohibited. (1) Except
as provided in this chapter, no person shall own, transport,
or operate any snowmobile within this state unless such
snowmobile has been registered in accordance with the
provisions of this chapter.
(2) A registration number shall be assigned, without
payment of a fee, to snowmobiles owned by the state of
Washington or its political subdivisions, and the assigned
registration number shall be displayed upon each snowmobile in such manner as provided by rules adopted by the
department. [1982 c 17 § 1; 1979 ex.s. c 182 § 3; 1971
ex.s. c 29 § 2.]
46.10.030 Ownership or operation of snowmobile
without registration prohibited—Exceptions. No registration shall be required under the provisions of this chapter for
the following described snowmobiles:
(2002 Ed.)
46.10.010
(1) Snowmobiles owned and operated by the United
States, another state, or a political subdivision thereof.
(2) A snowmobile owned by a resident of another state
or Canadian province if that snowmobile is registered in
accordance with the laws of the state or province in which
its owner resides, but only to the extent that a similar
exemption or privilege is granted under the laws of that state
or province for snowmobiles registered in this state:
PROVIDED, That any snowmobile which is validly registered in another state or province and which is physically
located in this state for a period of more than fifteen
consecutive days shall be subject to registration under the
provisions of this chapter. [1986 c 16 § 1; 1979 ex.s. c 182
§ 4; 1975 1st ex.s. c 181 § 1; 1971 ex.s. c 29 § 3.]
46.10.040 Application for registration—Annual
fee—Registration number—Term—Renewal—Transfer—
Nonresident permit—Decals. Application for registration
shall be made to the department in the manner and upon
forms the department prescribes, and shall state the name
and address of each owner of the snowmobile to be registered, and shall be signed by at least one such owner, and
shall be accompanied by an annual registration fee to be
established by the commission, after consultation with the
committee and any statewide snowmobile user groups. The
commission shall increase the current fee of twenty dollars
by five dollars effective September 30, 2001, and the
commission shall increase the fee by another five dollars
effective September 30, 2002. After the fee increase
effective September 30, 2002, the commission shall not
increase the fee. Upon receipt of the application and the
application fee, the snowmobile shall be registered and a
registration number assigned, which shall be affixed to the
snowmobile in a manner provided in RCW 46.10.070.
The registration provided in this section shall be valid
for a period of one year. At the end of the period of
registration, every owner of a snowmobile in this state shall
renew his or her registration in the manner the department
prescribes, for an additional period of one year, upon
payment of the annual registration fee as determined by the
commission.
Any person acquiring a snowmobile already validly
registered under the provisions of this chapter must, within
ten days of the acquisition or purchase of the snowmobile,
make application to the department for transfer of the
registration, and the application shall be accompanied by a
transfer fee of five dollars.
A snowmobile owned by a resident of another state or
Canadian province where registration is not required by law
may be issued a nonresident registration permit valid for not
more than sixty days. Application for the permit shall state
the name and address of each owner of the snowmobile to
be registered and shall be signed by at least one owner and
shall be accompanied by a registration fee of five dollars.
The registration permit shall be carried on the vehicle at all
times during its operation in this state.
The registration fees provided in this section shall be in
lieu of any personal property or excise tax heretofore
imposed on snowmobiles by this state or any political
subdivision thereof, and no city, county, or other municipali-
[Title 46 RCW—page 27]
46.10.040
Title 46 RCW: Motor Vehicles
ty, and no state agency shall hereafter impose any other
registration or license fee on any snowmobile in this state.
The department shall make available a pair of uniform
decals consistent with the provisions of RCW 46.10.070. In
addition to the registration fee provided in this section the
department shall charge each applicant for registration the
actual cost of the decal. The department shall make available replacement decals for a fee equivalent to the actual
cost of the decals. [2002 c 352 § 2; 2001 2nd sp.s. c 7 §
918; 1997 c 241 § 2; 1996 c 164 § 1; 1986 c 16 § 2; 1982
c 17 § 2; 1979 ex.s. c 182 § 5; 1973 1st ex.s. c 128 § 1;
1972 ex.s. c 153 § 20; 1971 ex.s. c 29 § 4.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Severability—Effective date—2001 2nd sp.s. c 7: See notes
following RCW 43.320.110.
Purpose—Policy statement as to certain state lands—1972 ex.s. c
153: See RCW 79A.35.070.
46.10.043 Registration or transfer of registration
pursuant to sale by dealer—Temporary registration.
Each snowmobile dealer registered pursuant to the provisions
of RCW 46.10.050 shall register the snowmobile or, in the
event the snowmobile is currently registered, transfer the
registration to the new owner prior to delivering the snowmobile to that new owner subsequent to the sale thereof by
the dealer. Applications for registration and transfer of
registration of snowmobiles shall be made to agents of the
department authorized as such in accordance with RCW
46.01.140 and 46.01.150 as now or hereafter amended.
All registrations for snowmobiles must be valid for the
current registration period prior to the transfer of any
registration, including assignment to a dealer. Upon the sale
of a snowmobile by a dealer, the dealer may issue a temporary registration as provided by rules adopted by the department. [1982 c 17 § 3; 1979 ex.s. c 182 § 6; 1975 1st ex.s.
c 181 § 4.]
46.10.050 Snowmobile dealers’ registration—Fee—
Dealer number plates, use—Sale or demonstration
unlawful without registration. (1) Each dealer of snowmobiles in this state shall register with the department in such
manner and upon such forms as the department shall
prescribe. Upon receipt of a dealer’s application for registration and the registration fee provided for in subsection (2) of
this section, such dealer shall be registered and a registration
number assigned.
(2) The registration fee for dealers shall be twenty-five
dollars per year, and such fee shall cover all of the snowmobiles offered by a dealer for sale and not rented on a regular,
commercial basis: PROVIDED, That snowmobiles rented on
a regular commercial basis by a dealer shall be registered
separately under the provisions of RCW 46.10.020,
46.10.040, 46.10.060, and 46.10.070.
(3) Upon registration each dealer may purchase, at a
cost to be determined by the department, dealer number
plates of a size and color to be determined by the department, which shall contain the registration number assigned
to that dealer. Each snowmobile operated by a dealer, dealer
representative, or prospective customer for the purposes of
demonstration or testing shall display such number plates in
a clearly visible manner.
[Title 46 RCW—page 28]
(4) No person other than a dealer, dealer representative,
or prospective customer shall display a dealer number plate,
and no dealer, dealer representative, or prospective customer
shall use a dealer’s number plate for any purpose other than
the purposes described in subsection (3) of this section.
(5) Dealer registration numbers are nontransferable.
(6) It is unlawful for any dealer to sell any snowmobile
at wholesale or retail, or to test or demonstrate any snowmobile, within the state, unless registered in accordance with
the provisions of this section. [1990 c 250 § 26; 1982 c 17
§ 5; 1971 ex.s. c 29 § 5.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.10.055 Denial, suspension, or revocation of
dealer registration or assessment of monetary civil
penalty, when. The director may by order deny, suspend,
or revoke the registration of any snowmobile dealer or, in
lieu thereof or in addition thereto, may by order assess
monetary civil penalties not to exceed five hundred dollars
per violation, if the director finds that the order is in the
public interest and that the applicant or registrant, or any
partner, officer, director, or owner of ten percent of the
assets of the firm, or any employee or agent:
(1) Has failed to comply with the applicable provisions
of this chapter or any rules adopted under this chapter; or
(2) Has failed to pay any monetary civil penalty
assessed by the director under this section within ten days
after the assessment becomes final. [1982 c 17 § 4.]
46.10.060 Registration number permanent—
Certificate of registration, date tags. The registration
number assigned to a snowmobile in this state at the time of
its original registration shall remain with that snowmobile
until the vehicle is destroyed, abandoned, or permanently
removed from this state, or until changed or terminated by
the department. The department shall, upon assignment of
such registration number, issue and deliver to the owner a
certificate of registration, in such form as the department
shall prescribe. The certificate of registration shall not be
valid unless signed by the person who signed the application
for registration.
At the time of the original registration, and at the time
of each subsequent renewal thereof, the department shall
issue to the registrant a date tag or tags indicating the
validity of the current registration and the expiration date
thereof, which validating date, tag, or tags shall be affixed
to the snowmobile in such manner as the department may
prescribe. Notwithstanding the fact that a snowmobile has
been assigned a registration number, it shall not be considered as validly registered within the meaning of this section
unless a validating date tag and current registration certificate has been issued. [1971 ex.s. c 29 § 6.]
46.10.070 Affixing and displaying registration
number. The registration number assigned to each snowmobile shall be permanently affixed to and displayed upon each
snowmobile in such manner as provided by rules adopted by
the department, and shall be maintained in a legible condition; except dealer number plates as provided for in RCW
46.10.050 may be temporarily affixed. [1973 1st ex.s. c 128
§ 2; 1972 ex.s. c 153 § 21; 1971 ex.s. c 29 § 7.]
(2002 Ed.)
Snowmobiles
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.10.075 Snowmobile account—Deposits—
Appropriations, use. There is created a snowmobile account within the state treasury. Snowmobile registration
fees, monetary civil penalties from snowmobile dealers, and
snowmobile fuel tax moneys collected under this chapter and
in excess of the amounts fixed for the administration of the
registration and fuel tax provisions of this chapter shall be
deposited in the snowmobile account and shall be appropriated only to the state parks and recreation commission for
the administration and coordination of this chapter. [1991
sp.s. c 13 § 9; 1985 c 57 § 61; 1982 c 17 § 6; 1979 ex.s. c
182 § 7.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
46.10.080 Distribution of snowmobile registration
fees, civil penalties, and fuel tax moneys. The moneys
collected by the department as snowmobile registration fees,
monetary civil penalties from snowmobile dealers, and fuel
tax moneys placed in the snowmobile account shall be
distributed in the following manner:
(1) Actual expenses not to exceed three percent for each
year shall be retained by the department to cover expenses
incurred in the administration of the registration and fuel tax
provisions of this chapter.
(2) The remainder of such funds each year shall be
remitted to the state treasurer to be deposited in the snowmobile account of the general fund and shall be appropriated
only to the commission to be expended for snowmobile purposes. Such purposes may include but not necessarily be
limited to the administration, acquisition, development,
operation, and maintenance of snowmobile facilities and
development and implementation of snowmobile safety,
enforcement, and education programs.
(3) Nothing in this section is intended to discourage any
public agency in this state from developing and implementing snowmobile programs. The commission is authorized to
make grants to public agencies and to contract with any
public or private agency or person for the purpose of
developing and implementing snowmobile programs,
provided that the programs are not inconsistent with the rules
adopted by the commission. [1982 c 17 § 7; 1979 ex.s. c
182 § 8; 1975 1st ex.s. c 181 § 2; 1973 1st ex.s. c 128 § 3;
1972 ex.s. c 153 § 22; 1971 ex.s. c 29 § 8.]
Purpose—Including policy statement as to certain state lands—
1972 ex.s. c 153: See RCW 79A.35.070.
46.10.090 Operating violations. (1) It is a traffic
infraction for any person to operate any snowmobile:
(a) At a rate of speed greater than reasonable and
prudent under the existing conditions.
(b) In a manner so as to endanger the property of
another.
(c) Without a lighted headlight and taillight between the
hours of dusk and dawn, or when otherwise required for the
safety of others.
(d) Without an adequate braking device which may be
operated either by hand or foot.
(2002 Ed.)
46.10.070
(e) Without an adequate and operating muffling device
which shall effectively blend the exhaust and motor noise in
such a manner so as to preclude excessive or unusual noise,
and, (i) on snowmobiles manufactured on or before January
4, 1973, which shall effectively limit such noise at a level of
eighty-six decibels, or below, on the "A" scale at fifty feet,
and (ii) on snowmobiles manufactured after January 4, 1973,
which shall effectively limit such noise at a level of eightytwo decibels, or below, on the "A" scale at fifty feet, and
(iii) on snowmobiles manufactured after January 1, 1975,
which shall effectively limit such noise at a level of seventyeight decibels, or below, as measured on the "A" scale at a
distance of fifty feet, under testing procedures as established
by the department of ecology; except snowmobiles used in
organized racing events in an area designated for that
purpose may use a bypass or cutout device. This section
shall not affect the power of the department of ecology to
adopt noise performance standards for snowmobiles. Noise
performance standards adopted or to be adopted by the
department of ecology shall be in addition to the standards
contained in this section, but the department’s standards shall
supersede this section to the extent of any inconsistency.
(f) Upon the paved portion or upon the shoulder or
inside bank or slope of any public roadway or highway, or
upon the median of any divided highway, except as provided
in RCW 46.10.100 and 46.10.110.
(g) In any area or in such a manner so as to expose the
underlying soil or vegetation, or to injure, damage, or
destroy trees or growing crops.
(h) Without a current registration decal affixed thereon,
if not exempted under RCW 46.10.030 as now or hereafter
amended.
(2) It is a misdemeanor for any person to operate any
snowmobile so as to endanger the person of another or while
under the influence of intoxicating liquor or narcotics or
habit-forming drugs. [1980 c 148 § 1. Prior: 1979 ex.s. c
182 § 10; 1979 ex.s. c 136 § 43; 1975 1st ex.s. c 181 § 5;
1971 ex.s. c 29 § 9.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—1980 c 148: "Sections 1 through 7 of this 1980 act
shall take effect January 1, 1981. Section 8 of this 1980 act is necessary for
the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing institutions, and shall take
effect immediately." [1980 c 148 § 9.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.10.100 Crossing public roadways and highways
lawful, when. It shall be lawful to drive or operate a
snowmobile across public roadways and highways other than
limited access highways when:
The crossing is made at an angle of approximately
ninety degrees to the direction of the highway and at a place
where no obstruction prevents a quick and safe crossing; and
The snowmobile is brought to a complete stop before
entering the public roadway or highway; and
The operator of the snowmobile yields the right of way
to motor vehicles using the public roadway or highway; and
The crossing is made at a place which is greater than
one hundred feet from any public roadway or highway
intersection. [1971 ex.s. c 29 § 10.]
[Title 46 RCW—page 29]
46.10.110
Title 46 RCW: Motor Vehicles
46.10.110 Operating upon public road or highway
lawful, when. Notwithstanding the provisions of RCW
46.10.100, it shall be lawful to operate a snowmobile upon
a public roadway or highway:
Where such roadway or highway is completely covered
with snow or ice and has been closed by the responsible
governing body to motor vehicle traffic during the winter
months; or
When the responsible governing body gives notice that
such roadway or highway is open to snowmobiles or allterrain vehicle use; or
In an emergency during the period of time when and at
locations where snow upon the roadway or highway renders
such impassible to travel by automobile; or
When traveling along a designated snowmobile trail.
[1972 ex.s. c 153 § 23; 1971 ex.s. c 29 § 11.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.10.120 Restrictions on age of operators—
Qualifications. No person under twelve years of age shall
operate a snowmobile on or across a public roadway or
highway in this state, and no person between the ages of
twelve and sixteen years of age shall operate a snowmobile
on or across a public road or highway in this state unless he
has taken a snowmobile safety education course and been
certified as qualified to operate a snowmobile by an instructor designated by the commission as qualified to conduct
such a course and issue such a certificate, and he has on his
person at the time he is operating a snowmobile evidence of
such certification: PROVIDED, That persons under sixteen
years of age who have not been certified as qualified
snowmobile operators may operate a snowmobile under the
direct supervision of a qualified snowmobile operator. [1972
ex.s. c 153 § 24; 1971 ex.s. c 29 § 12.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.10.130 Additional violations—Penalty. No person
shall operate a snowmobile in such a way as to endanger
human life. No person shall operate a snowmobile in such
a way as to run down or harass deer, elk, or any wildlife, or
any domestic animal, nor shall any person carry any loaded
weapon upon, nor hunt from, any snowmobile except by
permit issued by the director of fish and wildlife under RCW
77.32.237. Any person violating the provisions of this
section shall be guilty of a gross misdemeanor. [1994 c 264
§ 37; 1989 c 297 § 4; 1979 ex.s. c 182 § 11; 1971 ex.s. c 29
§ 13.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.10.140 Accident reports. The operator of any
snowmobile involved in any accident resulting in injury to
or death of any person, or property damage to an apparent
extent equal to or greater than the minimum amount established by rule adopted by the Washington state patrol in
accordance with chapter 46.52 RCW, or a person acting for
the operator, or the owner of the snowmobile having
knowledge of the accident, if the operator of the snowmobile
is unknown, shall submit such reports as are required under
chapter 46.52 RCW, and the provisions of chapter 46.52
[Title 46 RCW—page 30]
RCW applies to the reports when submitted. [1990 c 250 §
27; 1971 ex.s. c 29 § 14.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.10.150 Refund of snowmobile fuel tax to snowmobile account. From time to time, but at least once each
biennium, the director shall request the state treasurer to
refund from the motor vehicle fund amounts which have
been determined to be a tax on snowmobile fuel, and the
treasurer shall refund such amounts determined under RCW
46.10.170, and place them in the snowmobile account in the
general fund. [1994 c 262 § 3; 1979 ex.s. c 182 § 12; 1975
1st ex.s. c 181 § 3; 1973 1st ex.s. c 128 § 4; 1971 ex.s. c 29
§ 15.]
46.10.160
Snowmobile fuel excise tax
nonrefundable. Motor vehicle fuel used and purchased for
providing the motive power for snowmobiles shall be
considered a nonhighway use of fuel, but persons so purchasing and using motor vehicle fuel shall not be entitled to
a refund of the motor vehicle fuel excise tax paid in accordance with the provisions of RCW 82.36.280 as it now
exists or is hereafter amended. [1971 ex.s. c 29 § 16.]
46.10.170 Amount of snowmobile fuel tax paid as
motor vehicle fuel tax. (Effective unless Referendum Bill
No. 51 is approved at the November 2002 general election.)
From time to time, but at least once each four years, the
department shall determine the amount of moneys paid to it
as motor vehicle fuel tax that is tax on snowmobile fuel.
Such determination shall use one hundred thirty-five gallons
as the average yearly fuel usage per snowmobile, the number
of registered snowmobiles during the calendar year under
determination, and the fuel tax rate in effect January 1, 1990.
[1994 c 262 § 4; 1993 c 54 § 7; 1990 c 42 § 117; 1979 ex.s.
c 182 § 13; 1971 ex.s. c 29 § 17.]
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
46.10.170 Amount of snowmobile fuel tax paid as
motor vehicle fuel tax. (Effective December 30, 2002, if
Referendum Bill No. 51 is approved at the November 2002
general election.) From time to time, but at least once each
four years, the department shall determine the amount of
moneys paid to it as motor vehicle fuel tax that is tax on
snowmobile fuel. Such determination shall use one hundred
thirty-five gallons as the average yearly fuel usage per
snowmobile, the number of registered snowmobiles during
the calendar year under determination, and the fuel tax rate
in effect January 1, 2001. [2002 c 202 § 311; 1994 c 262 §
4; 1993 c 54 § 7; 1990 c 42 § 117; 1979 ex.s. c 182 § 13;
1971 ex.s. c 29 § 17.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
(2002 Ed.)
Snowmobiles
46.10.180
46.10.180 Regulation by political subdivisions, state
agencies. Notwithstanding any of the provisions of this
chapter, any city, county, or other political subdivision of
this state, or any state agency, may regulate the operation of
snowmobiles on public lands, waters, and other properties
under its jurisdiction, and on streets or highways within its
boundaries by adopting regulations or ordinances of its
governing body, provided such regulations are not inconsistent with the provisions of this chapter; and provided further
that no such city, county, or other political subdivision of
this state, nor any state agency, may adopt a regulation or
ordinance which imposes a special fee for the use of public
lands or waters by snowmobiles, or for the use of any access
thereto which is owned by or under the jurisdiction of either
the United States, this state, or any such city, county, or
other political subdivision. [1971 ex.s. c 29 § 18.]
enforce the laws of this state. [2001 c 253 § 4; 1980 c 78
§ 131; 1971 ex.s. c 29 § 20.]
46.10.185 Local authorities may provide for safety
and convenience. Notwithstanding any other provisions of
this chapter, the local governing body may provide for the
safety and convenience of snowmobiles and snowmobile
operators. Such provisions may include, but shall not
necessarily be limited to, the clearing of areas for parking
automobiles, the construction and maintenance of rest areas,
and the designation and development of given areas for
snowmobile use. [1972 ex.s. c 153 § 25.]
46.10.220 Snowmobile advisory committee. (1)
There is created in the Washington state parks and recreation
commission a snowmobile advisory committee to advise the
commission regarding the administration of this chapter.
(2) The purpose of the committee is to assist and advise
the commission in the planned development of snowmobile
facilities and programs.
(3) The committee shall consist of:
(a) Six interested snowmobilers, appointed by the
commission; each such member shall be a resident of one of
the six geographical areas throughout this state where
snowmobile activity occurs, as defined by the commission;
(b) Three representatives of the nonsnowmobiling
public, appointed by the commission; and
(c) One representative of the department of natural
resources, one representative of the department of fish and
wildlife, and one representative of the Washington state
association of counties; each of whom shall be appointed by
the director of such department or association.
(4) Terms of the members appointed under subsection
(3)(a) and (b) of this section shall commence on October 1st
of the year of appointment and shall be for three years or
until a successor is appointed, except in the case of appointments to fill vacancies which shall be for the remainder of
the unexpired term: PROVIDED, That the first such
members shall be appointed for terms as follows: Three
members shall be appointed for one year, three members
shall be appointed for two years, and three members shall be
appointed for three years.
(5) Members of the committee shall be reimbursed for
travel expenses as provided in RCW 43.03.050 and
43.03.060. Expenditures under this subsection shall be from
the snowmobile account created by RCW 46.10.075.
(6) The committee may meet at times and places fixed
by the committee. The committee shall meet not less than
twice each year and additionally as required by the committee chairman or by majority vote of the committee. One of
the meetings shall be coincident with a meeting of the
commission at which the committee shall provide a report to
the commission. The chairman of the committee shall be
chosen under procedures adopted by the committee from
those members appointed under subsection (3)(a) and (b) of
this section.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.10.190 Violations as traffic infractions—
Exceptions—Civil liability. (1) Except as provided in
RCW 46.10.090(2), 46.10.055, and 46.10.130, any violation
of the provisions of this chapter is a traffic infraction:
PROVIDED, That the penalty for failing to display a valid
registration decal under RCW 46.10.090 as now or hereafter
amended shall be a fine of forty dollars and such fine shall
be remitted to the general fund of the governmental unit,
which personnel issued the citation, for expenditure solely
for snowmobile law enforcement.
(2) In addition to the penalties provided in RCW
46.10.090 and subsection (1) of this section, the operator
and/or the owner of any snowmobile used with the permission of the owner shall be liable for three times the amount
of any damage to trees, shrubs, growing crops, or other
property injured as the result of travel by such snowmobile
over the property involved. [1982 c 17 § 8; 1980 c 148 § 2.
Prior: 1979 ex.s. c 182 § 14; 1979 ex.s. c 136 § 44; 1975
1st ex.s. c 181 § 6; 1971 ex.s. c 29 § 19.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—1980 c 148: See note following RCW 46.10.090.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.10.200 Enforcement. The provisions of this
chapter shall be enforced by all persons having the authority
to enforce any of the laws of this state, including, without
limitation, officers of the state patrol, county sheriffs and
their deputies, all municipal law enforcement officers within
their respective jurisdictions, fish and wildlife officers, state
park rangers, and those employees of the department of
natural resources designated by the commissioner of public
lands under RCW 43.30.310, as having police powers to
(2002 Ed.)
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
46.10.210 Administration. With the exception of the
registration and licensing provisions, this chapter shall be
administered by the Washington state parks and recreation
commission. The department shall consult with the commission prior to adopting rules to carry out its duties under this
chapter. After consultation with the committee, the commission shall adopt such rules as may be necessary to carry out
its duties under this chapter. Nothing in this chapter is
intended to discourage experimental or pilot programs which
could enhance snowmobile safety or recreational snowmobiling. [1979 ex.s. c 182 § 15; 1973 1st ex.s. c 128 § 5.]
[Title 46 RCW—page 31]
46.10.220
Title 46 RCW: Motor Vehicles
(7) The Washington state parks and recreation commission shall serve as recording secretary to the committee. A
representative of the department of licensing shall serve as
an ex officio member of the committee and shall be notified
of all meetings of the committee. The recording secretary
and the ex officio member shall be nonvoting members.
(8) The committee shall adopt procedures to govern its
proceedings. [1994 c 264 § 38; 1989 c 175 § 110; 1988 c
36 § 26; 1987 c 330 § 1201. Prior: 1986 c 270 § 9; 1986
c 16 § 3; 1983 c 139 § 1; 1979 ex.s. c 182 § 2.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
46.10.900 Severability—1971 ex.s. c 29. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of this chapter,
or the application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 29 § 21.]
46.10.910 Short title. This chapter may be known
and cited as the "Snowmobile act". [1971 ex.s. c 29 § 22.]
Chapter 46.12
CERTIFICATES OF OWNERSHIP
AND REGISTRATION
Sections
46.12.005
46.12.010
46.12.020
46.12.030
46.12.040
46.12.042
46.12.045
46.12.047
46.12.050
46.12.055
46.12.060
46.12.070
46.12.075
46.12.080
46.12.095
46.12.101
46.12.102
46.12.103
46.12.105
46.12.124
46.12.130
46.12.151
46.12.160
46.12.170
46.12.181
46.12.190
46.12.200
46.12.210
46.12.215
46.12.220
46.12.230
Definitions.
Certificates required to operate and sell vehicles—
Manufacturers or dealers, security interest, how perfected.
Prerequisite to issuance of vehicle license and plates.
Certificate of ownership—Application—Contents—
Inspection of vehicle.
Certificate of ownership—Fees.
Emergency medical services fee.
Off-road vehicles, certificate of ownership for title purposes
only.
Stolen vehicle check.
Issuance of certificates—Contents.
Certificate of ownership—Manufactured homes.
Procedure when identification number altered or obliterated.
Destruction of vehicle—Surrender of certificates, penalty—
Notice of settlement by insurance company.
Rebuilt vehicles.
Procedure on installation of different motor—Penalty.
Requirements for perfecting security interest.
Transfer of ownership—Requirements—Penalty, exceptions.
Release of owner from liability, requirements for.
Transitional ownership record.
Transfer of ownership of mobile home, county assessor
notified—Evidence of taxes paid.
Odometer disclosure statement.
Assigned certificate of ownership to be filed by department—Transfer of interest in vehicle.
Procedure when department unsatisfied as to ownership and
security interests.
Refusal or cancellation of certificate—Notice—Penalty for
subsequent operation.
Procedure when security interest is granted on vehicle.
Duplicate for lost, stolen, mutilated, etc., certificates.
Legal owner not liable for acts of registered owner.
State or director not liable for acts in administering chapter.
Penalty for false statements or illegal transfers.
Unlawful sale of certificate of ownership.
Alteration or forgery—Penalty.
Permit to licensed wrecker to junk vehicle—Fee.
[Title 46 RCW—page 32]
46.12.240
Appeals to superior court from suspension, revocation,
cancellation, or refusal of license or certificate.
46.12.250 Ownership of motor vehicle by person under eighteen prohibited—Exceptions.
46.12.260 Sale or transfer of motor vehicle ownership to person under
eighteen prohibited.
46.12.270 Penalty for violation of RCW 46.12.250 or 46.12.260.
46.12.280 Campers—Application to—Rules and regulations.
46.12.290 Mobile or manufactured homes, application of chapter to—
Rules.
46.12.295 Mobile homes—Titling functions transferred to department
of community, trade, and economic development.
46.12.300 Serial numbers on vehicles, watercraft, campers, or parts—
Buying, selling, etc., with numbers removed, altered,
etc.—Penalty.
46.12.310 Serial numbers—Seizure and impoundment of vehicles,
etc.—Notice to interested persons—Release to owner,
etc.
46.12.320 Serial numbers—Disposition of vehicles, etc., authorized,
when.
46.12.330 Serial numbers—Hearing—Appeal—Removal to court—
Release.
46.12.340 Serial numbers—Release of vehicle, etc.
46.12.350 Assignment of new serial number.
46.12.370 Lists of registered and legal owners of vehicles—Furnished
for certain purposes—Penalty for unauthorized use.
46.12.380 Disclosure of names and addresses of individual vehicle
owners.
46.12.390 Disclosure violations, penalties.
46.12.420 Street rod vehicles.
46.12.430 Parts cars.
46.12.440 Kit vehicles—Application for certificate of ownership.
46.12.450 Kit vehicles—Issuance of certificate of ownership or registration.
46.12.500 Commercial vehicle—Compliance statement.
Classification of manufactured homes: Chapter 65.20 RCW.
Hulk haulers and scrap processors: Chapter 46.79 RCW.
46.12.005 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) The words "delivery," "notice," "send," and "security
interest" have the same meaning as these terms are defined
in RCW 62A.1-201; the word "secured party" has the same
meaning as this term is defined in RCW 62A.9A-102.
(2) "Salvage vehicle" means a vehicle whose certificate
of ownership has been surrendered to the department under
RCW 46.12.070 due to the vehicle’s destruction or declaration as a total loss or for which there is documentation indicating that the vehicle has been declared salvage or has been
damaged to the extent that the owner, an insurer, or other
person acting on behalf of the owner, has determined that
the cost of parts and labor plus the salvage value has made
it uneconomical to repair the vehicle. The term does not
include a motor vehicle having a model year designation of
a calendar year that is at least six years before the calendar
year in which the vehicle was wrecked, destroyed, or
damaged, unless, after June 13, 2002, and immediately
before the vehicle was wrecked, destroyed, or damaged, the
vehicle had a retail fair market value of at least the then
market value threshold amount and has a model year
designation of a calendar year not more than twenty years
before the calendar year in which the vehicle was wrecked,
destroyed, or damaged. "Market value threshold amount"
means six thousand five hundred dollars or such greater
amount as is then in effect by rule of the department in
accordance with this section. If, for any year beginning with
2002, the Consumer Price Index for All Urban Consumers,
compiled by the Bureau of Labor Statistics, United States
(2002 Ed.)
Certificates of Ownership and Registration
Department of Labor, or its successor, for the West Region,
in the expenditure category "used cars and trucks," shows an
increase in the annual average for that year compared to that
of the year immediately prior, the department shall, by rule,
increase the then market value threshold amount by the same
percentage as the percentage increase of the annual average,
with the increase of the market value threshold amount to be
effective on July 1st of the year immediately after the year
with the increase of the annual average. However, the
market value threshold amount may not be increased if the
amount of the increase would be less than fifty dollars, and
each increase of the market value threshold amount will be
rounded to the nearest ten dollars. If an increase in the
market value threshold amount is not made because the
increase would be less than fifty dollars, the unmade
increase will be carried forward and added to later year
calculations of increase until the unmade increase is included
in an increase made to the market value threshold amount.
[2002 c 245 § 1; 1996 c 26 § 1; 1967 c 140 § 5.]
Effective date—1967 c 140: See note following RCW 46.12.010.
46.12.010 Certificates required to operate and sell
vehicles—Manufacturers or dealers, security interest,
how perfected. It shall be unlawful for any person to
operate any vehicle in this state under a certificate of license
registration of this state without securing and having in full
force and effect a certificate of ownership therefor that
contains the name of the registered owner exactly as it
appears on the certificate of license registration and it shall
further be unlawful for any person to sell or transfer any
vehicle without complying with all the provisions of this
chapter relating to certificates of ownership and license
registration of vehicles: PROVIDED, No certificate of title
need be obtained for a vehicle owned by a manufacturer or
dealer and held for sale, even though incidentally moved on
the highway or used for purposes of testing and demonstration, or a vehicle used by a manufacturer solely for testing:
PROVIDED, That a security interest in a vehicle held as
inventory by a manufacturer or dealer shall be perfected in
accordance with *RCW 62A.9-302(1) and no endorsement
on the certificate of title shall be necessary for perfection:
AND PROVIDED FURTHER, That nothing in this title shall
be construed to prevent any person entitled thereto from
securing a certificate of ownership upon a vehicle without
securing a certificate of license registration and vehicle
license plates, when, in the judgment of the director of
licensing, it is proper to do so. [1997 c 241 § 3; 1979 c 158
§ 132; 1975 c 25 § 6; 1967 c 140 § 1; 1967 c 32 § 6; 1961
c 12 § 46.12.010. Prior: 1937 c 188 § 2; RRS § 6312-2.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see
Article 62A.9A RCW.
Effective date—1967 c 140: "This act shall become effective at
midnight on June 30, 1967. It applies to transactions entered into and
events occurring after that date." [1967 c 140 § 11.]
Definitions: RCW 46.12.005.
46.12.020 Prerequisite to issuance of vehicle license
and plates. No vehicle license number plates or certificate
of license registration, whether original issues or duplicates,
may be issued or furnished by the department unless the
applicant, at the same time, makes satisfactory application
(2002 Ed.)
46.12.005
for a certificate of ownership or presents satisfactory
evidence that such a certificate of ownership covering the
vehicle has been previously issued. [1989 c 337 § 22.
Prior: 1987 c 388 § 9; 1987 c 244 § 1; 1985 c 424 § 1;
1975 c 25 § 7; 1967 c 32 § 7; 1961 c 12 § 46.12.020; prior:
1947 c 164 § 1, part; 1937 c 188 § 3, part; Rem. Supp. 1947
§ 6312-2, part.]
Effective date—1989 c 337 § 22: "Section 22 of this act shall take
effect January 1, 1990." [1989 c 337 § 23.]
Effective date—1987 c 388 § 9: "Section 9 of this act shall take
effect January 1, 1990." [1987 c 388 § 14.]
Severability—1987 c 388: See note following RCW 46.20.342.
Effective dates—1987 c 244: "Section 1 of this act shall take effect
on January 1, 1990. Sections 9, 10, and 15 through 58 of this act shall take
effect on January 1, 1988." [1987 c 244 § 59.]
Effective date—1985 c 424: "This act shall take effect on January
1, 1990." [1986 c 174 § 1; 1985 c 424 § 2.]
Allowing unauthorized person to drive, penalty: RCW 46.16.011.
Notice of liability insurance requirement: RCW 46.16.212.
46.12.030 Certificate of ownership—Application—
Contents—Inspection of vehicle. The application for a
certificate of ownership shall be upon a form furnished or
approved by the department and shall contain:
(1) A full description of the vehicle, which shall contain
the proper vehicle identification number, the number of
miles indicated on the odometer at the time of delivery of
the vehicle, and any distinguishing marks of identification;
(2) The name and address of the person who is to be the
registered owner of the vehicle and, if the vehicle is subject
to a security interest, the name and address of the secured
party;
(3) Such other information as the department may
require. The department may in any instance, in addition to
the information required on the application, require additional information and a physical examination of the vehicle or
of any class of vehicles, or either. A physical examination
of the vehicle is mandatory if it has been rebuilt after
surrender of the certificate of ownership to the department
under RCW 46.12.070 due to the vehicle’s destruction or
declaration as a total loss. The inspection must verify that
the vehicle identification number is genuine and agrees with
the number shown on the title and registration certificate.
The inspection must be made by a member of the Washington state patrol or other person authorized by the department
to make such inspections.
The application shall be subscribed by the registered
owner and be sworn to by that applicant in the manner
described by RCW 9A.72.085. The department shall retain
the application in either the original, computer, or photostatic
form. [2001 c 125 § 1. Prior: 1995 c 274 § 1; 1995 c 256
§ 23; 1990 c 238 § 1; 1975 c 25 § 8; 1974 ex.s. c 128 § 1;
1972 ex.s. c 99 § 2; 1967 c 32 § 8; 1961 c 12 § 46.12.030;
prior: 1947 c 164 § 1, part; 1937 c 188 § 3, part; Rem.
Supp. 1947 § 6312-2, part.]
Effective date—2001 c 125: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 125 § 5.]
Effective date, implementation—1990 c 238: "This act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and shall
take effect May 1, 1990. The director of licensing shall immediately take
[Title 46 RCW—page 33]
46.12.030
Title 46 RCW: Motor Vehicles
such steps as are necessary to ensure that this act is implemented on its
effective date." [1990 c 238 § 9.]
Effective date—1974 ex.s. c 128: "This 1974 amendatory act shall
take effect July 1, 1974." [1974 ex.s. c 128 § 3.]
Notice of liability insurance requirement: RCW 46.16.212.
46.12.040 Certificate of ownership—Fees. The
application accompanied by a draft, money order, certified
bank check, or cash for five dollars, together with the last
preceding certificates or other satisfactory evidence of
ownership, shall be forwarded to the director.
The fee shall be in addition to any other fee for the
license registration of the vehicle. The certificate of ownership shall not be required to be renewed annually, or at any
other time, except as by law provided.
In addition to the application fee and any other fee for
the license registration of a vehicle, the department shall
collect from the applicant a fee of fifteen dollars for vehicles
previously registered in any other state or country. The
proceeds from the fee shall be deposited in the motor vehicle
fund. For vehicles requiring a physical examination, the
inspection fee shall be fifty dollars and shall be deposited in
the motor vehicle fund. [2002 c 352 § 3; 2001 c 125 § 2;
1990 c 238 § 2; 1989 c 110 § 1; 1975 1st ex.s. c 138 § 1;
1974 ex.s. c 128 § 2; 1961 c 12 § 46.12.040. Prior: 1951
c 269 § 1; 1947 c 164 § 1, part; 1937 c 188 § 3, part; Rem.
Supp. 1947 § 6312-3, part.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—2001 c 125: See note following RCW 46.12.030.
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
Effective date—1974 ex.s. c 128: See note following RCW
46.12.030.
46.12.042 Emergency medical services fee. (1) Upon
the retail sale or lease of any new or used motor vehicle by
a vehicle dealer, the dealer shall collect from the consumer
an emergency medical services fee of six dollars and fifty
cents, two dollars and fifty cents of which shall be an
administrative fee to be retained by the vehicle dealer. The
remainder of the fee shall be forwarded with the required
title application and all other fees to the department of
licensing, or any of its authorized agents. The four-dollar
fee collected in this section shall be deposited in the emergency medical services and trauma care system trust account
created in RCW 70.168.040. The administrative fee charged
by a dealer shall not be considered a violation of RCW
46.70.180(2).
(2) If a fee is not imposed under subsection (1) of this
section, there is hereby imposed a fee of six dollars and fifty
cents at the time of application for (a) an original title or
transfer of title issued on any motor vehicle pursuant to this
chapter or chapter 46.09 RCW, or (b) an original transaction
or transfer of ownership transaction of a vehicle under
chapter 46.10 RCW. The department of licensing or any of
its authorized agents shall collect the fee when processing
these transactions. The fee shall be transmitted to the
emergency medical services and trauma care system trust
account created in RCW 70.168.040.
(3) This section does not apply to a motor vehicle that
has been declared a total loss by an insurer or self-insurer
unless an application for certificate of ownership or license
[Title 46 RCW—page 34]
registration is made to the department of licensing after the
declaration of total loss. [1997 c 331 § 5.]
Effective date—1997 c 331: See note following RCW 70.168.135.
46.12.045 Off-road vehicles, certificate of ownership
for title purposes only. The department shall issue a
certificate of ownership valid for title purposes only to the
owner of an off-road vehicle as defined in RCW 46.09.020.
The owner shall pay the fees established by RCW 46.12.040.
Issuance of such certificate does not qualify the vehicle for
licensing under chapter 46.16 RCW. [1986 c 186 § 4.]
46.12.047 Stolen vehicle check. The department shall
institute software and systems modifications to enable a
WACIC/NCIC stolen vehicle search of out-of-state vehicles
as part of the title transaction. During the stolen vehicle
search, if the information obtained indicates the vehicle is
stolen, that information shall be immediately reported to the
state patrol and the applicant shall not be issued a certificate
of ownership for the vehicle. Vehicles for which the stolen
vehicle check is negative shall be issued a certificate of
ownership if the department is satisfied that all other requirements have been met. [2002 c 246 § 1; 2001 c 125 §
3.]
Effective date—2001 c 125: See note following RCW 46.12.030.
46.12.050 Issuance of certificates—Contents. The
department, if satisfied from the statements upon the
application that the applicant is the legal owner of the
vehicle or otherwise entitled to have a certificate of ownership thereof in the applicant’s name, shall issue an appropriate electronic record of ownership or a written certificate of
ownership, over the director’s signature, authenticated by
seal, and if required, a new written certificate of license
registration if certificate of license registration is required.
The certificates of ownership and the certificates of
license registration shall contain upon the face thereof, the
date of application, the registration number assigned to the
registered owner and to the vehicle, the name and address of
the registered owner and legal owner, the vehicle identification number, and such other description of the vehicle and
facts as the department shall require, and in addition thereto,
if the vehicle described in such certificates shall have ever
been licensed and operated as an exempt vehicle or a
taxicab, or if it has been rebuilt after becoming a salvage
vehicle, such fact shall be clearly shown thereon.
All certificates of ownership of motor vehicles issued
after April 30, 1990, shall reflect the odometer reading as
provided by the odometer disclosure statement submitted
with the title application involving a transfer of ownership.
A blank space shall be provided on the face of the
certificate of license registration for the signature of the
registered owner.
Upon issuance of the certificate of license registration
and certificate of ownership and upon any reissue thereof,
the department shall deliver the certificate of license registration to the registered owner and the certificate of ownership
to the legal owner, or both to the person who is both the
registered owner and legal owner. [1996 c 26 § 2; 1993 c
307 § 1; 1990 c 238 § 3; 1975 c 25 § 9; 1967 c 32 § 9;
(2002 Ed.)
Certificates of Ownership and Registration
1961 c 12 § 46.12.050. Prior: 1959 c 166 § 1; 1947 c 164
§ 2; 1937 c 188 § 4; Rem. Supp. 1947 § 6312-4.]
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
46.12.055 Certificate of ownership—Manufactured
homes. The certificate of ownership for a manufactured
home may be eliminated or not issued when the manufactured home is registered pursuant to chapter 65.20 RCW.
When the certificate of ownership is eliminated or not issued
the application for license shall be recorded in the county
property records of the county where the real property to
which the home is affixed is located. All license fees and
taxes applicable to mobile homes under this chapter are due
and shall be collected prior to recording the ownership with
the county auditor. [1989 c 343 § 19.]
Severability—Effective date—1989 c 343: See RCW 65.20.940 and
65.20.950.
46.12.060 Procedure when identification number
altered or obliterated. Before the department shall issue a
certificate of ownership, or reissue such a certificate,
covering any vehicle, the identification number of which has
been altered, removed, obliterated, defaced, omitted, or is
otherwise absent, the registered owner of the vehicle shall
file an application with the department, accompanied by a
fee of five dollars, upon a form provided, and containing
such facts and information as shall be required by the
department for the assignment of a special number for such
vehicle. Upon receipt of such application, the department,
if satisfied the applicant is entitled to the assignment of an
identification number, shall designate a special identification
number for such vehicle, which shall be noted upon the
application therefor, and likewise upon a suitable record of
the authorization of the use thereof, to be kept by the
department. This assigned identification number shall be
placed or stamped in a conspicuous position upon the vehicle
in such manner and form as may be prescribed by the
department. Upon receipt by the department of an application for a certificate of ownership or application for reissue
of such certificate and the required fee therefor, the department shall use such number as the numerical or alphanumerical identification marks for the vehicle in any certificate of license registration or certificate of ownership that
may thereafter be issued therefor. [2001 c 125 § 4; 1975 c
25 § 10; 1974 ex.s. c 36 § 1; 1961 c 12 § 46.12.060. Prior:
1959 c 166 § 3; prior: 1951 c 269 § 2; 1947 c 164 § 3(a);
1939 c 182 § 1(a); 1937 c 188 § 5(a); Rem. Supp. 1947 §
6312-5(a).]
Effective date—2001 c 125: See note following RCW 46.12.030.
Effective date—1974 ex.s. c 36: "This 1974 amendatory act shall
take effect on July 1, 1974." [1974 ex.s. c 36 § 2.]
46.12.070 Destruction of vehicle—Surrender of
certificates, penalty—Notice of settlement by insurance
company. Upon the destruction of any vehicle issued a
certificate of ownership under this chapter or a license
registration under chapter 46.16 RCW, the registered owner
and the legal owner shall forthwith and within fifteen days
thereafter forward and surrender the certificate to the department, together with a statement of the reason for the
(2002 Ed.)
46.12.050
surrender and the date and place of destruction. Failure to
notify the department or the possession by any person of any
such certificate for a vehicle so destroyed, after fifteen days
following its destruction, is prima facie evidence of violation
of the provisions of this chapter and constitutes a gross
misdemeanor.
Any insurance company settling an insurance claim on
a vehicle that has been issued a certificate of ownership
under this chapter or a certificate of license registration
under chapter 46.16 RCW as a total loss, less salvage value,
shall notify the department thereof within fifteen days after
the settlement of the claim. Notification shall be provided
regardless of where or in what jurisdiction the total loss
occurred.
For a motor vehicle having a model year designation at
least six years before the calendar year of destruction, the
notification to the department must include a statement of
whether the retail fair market value of the motor vehicle
immediately before the destruction was at least the then
market value threshold amount as defined in RCW
46.12.005. [2002 c 245 § 2; 1990 c 250 § 28; 1961 c 12 §
46.12.070. Prior: 1959 c 166 § 4; prior: 1947 c 164 §
3(b); 1939 c 182 § 1(b); 1937 c 188 § 5(b); Rem. Supp.
1947 § 6312-5(b).]
Severability—1990 c 250: See note following RCW 46.16.301.
46.12.075 Rebuilt vehicles. (1) Effective January 1,
1997, the department shall issue a unique certificate of
ownership and certificate of license registration, as required
by chapter 46.16 RCW, for vehicles that are rebuilt after
becoming a salvage vehicle. Each certificate shall conspicuously display across its front, a word indicating that the
vehicle was rebuilt.
(2) Beginning January 1, 1997, upon inspection of a
salvage vehicle that has been rebuilt under RCW 46.12.030,
the state patrol shall securely affix or inscribe a marking at
the driver’s door latch pillar indicating that the vehicle has
previously been destroyed or declared a total loss.
(3) It is a class C felony for a person to remove the
marking prescribed in subsection (2) of this section.
(4) The department may adopt rules as necessary to
implement this section. [1996 c 26 § 3; 1995 c 256 § 24.]
46.12.080 Procedure on installation of different
motor—Penalty. Any person holding the certificate of
ownership for a motorcycle or any vehicle registered by its
motor number in which there has been installed a new or
different motor than that with which it was issued certificates
of ownership and license registration shall forthwith and
within five days after such installation forward and surrender
such certificates to the department, together with an application for issue of corrected certificates of ownership and
license registration and a fee of five dollars, and a statement
of the disposition of the former motor. The possession by
any person of any such certificates for such vehicle in which
a new or different motor has been installed, after five days
following such installation, shall be prima facie evidence of
a violation of the provisions of this chapter and shall
constitute a misdemeanor. [2002 c 352 § 4; 1997 c 241 § 4;
1979 ex.s. c 113 § 1; 1961 c 12 § 46.12.080. Prior: 1959
c 166 § 5; prior: 1951 c 269 § 3; 1947 c 164 § 3(c); 1939
[Title 46 RCW—page 35]
46.12.080
Title 46 RCW: Motor Vehicles
c 182 § 1(c); 1937 c 188 § 5(c); Rem. Supp. 1947 § 63125(c).]
Effective dates—2002 c 352: See note following RCW 46.09.070.
46.12.095 Requirements for perfecting security
interest. A security interest in a vehicle other than one held
as inventory by a manufacturer or a dealer and for which a
certificate of ownership is required is perfected only by compliance with the requirements of RCW 46.12.103 under the
circumstances provided for therein or by compliance with the
requirements of this section:
(1) A security interest is perfected by the department’s
receipt of: (a) The existing certificate, if any, and (b) an
application for a certificate of ownership containing the
name and address of the secured party, and (c) tender of the
required fee.
(2) A security interest is perfected as of the time of its
creation if the secured party’s name and address appear on
the outstanding certificate of ownership; otherwise, as of the
date on which the department has received the papers and
fee required in subsection (1) of this section.
(3) If a vehicle is subject to a security interest when
brought into this state, perfection of the security interest is
determined by the law of the jurisdiction where the vehicle
was when the security interest was attached, subject to the
following:
(a) If the security interest was perfected under the law
of the jurisdiction where the vehicle was when the security
interest was attached, the following rules apply:
(b) If the name of the secured party is shown on the
existing certificate of ownership issued by that jurisdiction,
the security interest continues perfected in this state. The
name of the secured party shall be shown on the certificate
of ownership issued for the vehicle by this state. The
security interest continues perfected in this state upon the
issuance of such ownership certificate.
(c) If the security interest was not perfected under the
law of the jurisdiction where the vehicle was when the
security interest was attached, it may be perfected in this
state; in that case, perfection dates from the time of perfection in this state. [2000 c 250 § 9A-822; 1998 c 203 § 10;
1969 ex.s. c 170 § 16; 1967 c 140 § 6.]
Effective date—2000 c 250: See RCW 62A.9A-701.
Finding—1998 c 203: See note following RCW 46.55.105.
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
46.12.101 Transfer of ownership—Requirements—
Penalty, exceptions. A transfer of ownership in a motor
vehicle is perfected by compliance with the requirements of
this section.
(1) If an owner transfers his or her interest in a vehicle,
other than by the creation, deletion, or change of a security
interest, the owner shall, at the time of the delivery of the
vehicle, execute an assignment to the transferee and provide
an odometer disclosure statement under RCW 46.12.124 on
the certificate of ownership or as the department otherwise
prescribes, and cause the certificate and assignment to be
transmitted to the transferee. The owner shall notify the
department or its agents or subagents, in writing, on the
appropriate form, of the date of the sale or transfer, the
[Title 46 RCW—page 36]
name and address of the owner and of the transferee, the
transferee’s driver’s license number if available, and such
description of the vehicle, including the vehicle identification
number, the license plate number, or both, as may be
required in the appropriate form provided or approved for
that purpose by the department. The report of sale will be
deemed properly filed if all information required in this
section is provided on the form and includes a departmentauthorized notation that the document was received by the
department, its agents, or subagents on or before the fifth
day after the sale of the vehicle, excluding Saturdays,
Sundays, and state and federal holidays. Agents and subagents shall immediately electronically transmit the seller’s
report of sale to the department. Reports of sale processed
and recorded by the department’s agents or subagents may
be subject to fees as specified in RCW 46.01.140 (4)(a) or
(5)(b). By January 1, 2003, the department shall create a
system enabling the seller of a vehicle to transmit the report
of sale electronically. The system created by the department
must immediately indicate on the department’s vehicle
record that a seller’s report of sale has been filed.
(2) The requirements of subsection (1) of this section to
provide an odometer disclosure statement apply to the
transfer of vehicles held for lease when transferred to a
lessee and then to the lessor at the end of the leasehold and
to vehicles held in a fleet when transferred to a purchaser.
(3) Except as provided in RCW 46.70.122 the transferee
shall within fifteen days after delivery to the transferee of
the vehicle, execute the application for a new certificate of
ownership in the same space provided therefor on the
certificate or as the department prescribes, and cause the
certificates and application to be transmitted to the department.
(4) Upon request of the owner or transferee, a secured
party in possession of the certificate of ownership shall,
unless the transfer was a breach of its security agreement,
either deliver the certificate to the transferee for transmission
to the department or, when the secured party receives the
owner’s assignment from the transferee, it shall transmit the
transferee’s application for a new certificate, the existing
certificate, and the required fee to the department. Compliance with this section does not affect the rights of the
secured party.
(5) If a security interest is reserved or created at the
time of the transfer, the certificate of ownership shall be
retained by or delivered to the person who becomes the
secured party, and the parties shall comply with the provisions of RCW 46.12.170.
(6) If the purchaser or transferee fails or neglects to
make application to transfer the certificate of ownership and
license registration within fifteen days after the date of
delivery of the vehicle, he or she shall on making application
for transfer be assessed a twenty-five dollar penalty on the
sixteenth day and two dollars additional for each day thereafter, but not to exceed one hundred dollars. The director
may by rule establish conditions under which the penalty
will not be assessed when an application for transfer is
delayed for reasons beyond the control of the purchaser.
Conditions for not assessing the penalty may be established
for but not limited to delays caused by:
(a) The department requesting additional supporting
documents;
(2002 Ed.)
Certificates of Ownership and Registration
(b) Extended hospitalization or illness of the purchaser;
(c) Failure of a legal owner to release his or her interest;
(d) Failure, negligence, or nonperformance of the
department, auditor, or subagent.
Failure or neglect to make application to transfer the
certificate of ownership and license registration within fortyfive days after the date of delivery of the vehicle is a
misdemeanor.
(7) Upon receipt of an application for reissue or
replacement of a certificate of ownership and transfer of
license registration, accompanied by the endorsed certificate
of ownership or other documentary evidence as is deemed
necessary, the department shall, if the application is in order
and if all provisions relating to the certificate of ownership
and license registration have been complied with, issue new
certificates of title and license registration as in the case of
an original issue and shall transmit the fees together with an
itemized detailed report to the state treasurer, to be deposited
in the motor vehicle fund.
(8) Once each quarter the department shall report to the
department of revenue a list of those vehicles for which a
seller’s report has been received but no transfer of title has
taken place. [2002 c 279 § 1; 1998 c 203 § 11; 1991 c 339
§ 19; 1990 c 238 § 4; 1987 c 127 § 1; 1984 c 39 § 1; 1972
ex.s. c 99 § 1; 1969 ex.s. c 281 § 38; 1969 ex.s. c 42 § 1;
1967 c 140 § 7.]
Finding—1998 c 203: See note following RCW 46.55.105.
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
46.12.102 Release of owner from liability, requirements for. (1) An owner who has made a bona fide sale or
transfer of a vehicle and has delivered possession of it to a
purchaser shall not by reason of any of the provisions of this
title be deemed the owner of the vehicle so as to be subject
to civil liability or criminal liability for the operation of the
vehicle thereafter by another person when the owner has also
fulfilled both of the following requirements:
(a) When the owner has made proper endorsement and
delivery of the certificate of ownership and has delivered the
certificate of registration as provided in this chapter;
(b) When the owner has delivered to the department
either a properly filed report of sale that includes all of the
information required in RCW 46.12.101(1) and is delivered
to the department within five days of the sale of the vehicle
excluding Saturdays, Sundays, and state and federal holidays,
or appropriate documents for registration of the vehicle
pursuant to the sale or transfer.
(2) When a registered tow truck operator submits an
abandoned vehicle report to the department for a vehicle sold
at an abandoned vehicle auction, any previous owner is
relieved of civil or criminal liability for the operation of the
vehicle from the date of sale thereafter, and liability is transferred to the purchaser of the vehicle as listed on the
abandoned vehicle report. [2002 c 279 § 2; 1984 c 39 § 2.]
46.12.103 Transitional ownership record. (1) The
purpose of a transitional ownership record is to enable a
security interest in a motor vehicle to be perfected in a
(2002 Ed.)
46.12.101
timely manner when the certificate of ownership is not
available at the time the security interest is created, and to
provide for timely notification to security interest holders
under chapter 46.55 RCW.
(2) A transitional ownership record is only acceptable as
an ownership record for vehicles currently stored on the
department’s computer system and if the certificate of
ownership or other authorized proof of ownership for the
motor vehicle is not in the possession of the selling vehicle
dealer or new security interest holder at the time the transitional ownership record is submitted to the department.
(3) A person shall submit the transitional ownership
record to the department or to any of its agents or subagents.
Agents and subagents shall immediately electronically
transmit the transitional ownership records to the department.
A transitional ownership document processed and recorded
by an agent or subagent may be subject to fees as specified
in RCW 46.01.140 (4)(a) or (5)(b).
(4) "Transitional ownership record" means a record
containing all of the following information:
(a) The date of sale;
(b) The name and address of each owner of the vehicle;
(c) The name and address of each security interest
holder;
(d) If there are multiple security interest holders, the
priorities of interest if the security interest holders do not
jointly hold a single security interest;
(e) The vehicle identification number, the license plate
number, if any, the year, make, and model of the vehicle;
(f) The name of the selling dealer or security interest
holder who is submitting the transitional ownership record;
and
(g) The transferee’s driver’s license number, if available.
(5) The report of sale form prescribed or approved by
the department under RCW 46.12.101 may be used by a
vehicle dealer as the transitional ownership record.
(6) Compliance with the requirements of this section
shall result in perfection of a security interest in the vehicle
as of the date the department receives the transitional
ownership record and any fee required under subsection (3)
of this section. Within ten days of receipt of the certificate
of ownership for the vehicle, or of written confirmation that
only an electronic record of ownership exists or that the
certificate of ownership has been lost or destroyed, the
selling dealer or new security interest holder shall promptly
submit the same to the department together with an application for a new certificate of ownership containing the
name and address of the secured party and tender the required fee as provided in RCW 46.12.095(1). In the event
a secured party fails to submit an application within the tenday time period provided in this subsection (6), its security
interest shall become unperfected, unless the security interest
is perfected otherwise. [2000 c 250 § 9A-823; 1998 c 203
§ 12.]
Effective date—2000 c 250: See RCW 62A.9A-701.
Finding—1998 c 203: See note following RCW 46.55.105.
46.12.105 Transfer of ownership of mobile home,
county assessor notified—Evidence of taxes paid. When
the ownership of a mobile home is transferred and the new
owner thereof applies for a new certificate of ownership for
[Title 46 RCW—page 37]
46.12.105
Title 46 RCW: Motor Vehicles
such mobile home, the department of licensing or its agents,
including county auditors, shall notify the county assessor of
the county where such mobile home is located of the change
in ownership including the name and address of the new
owner and the name of the former owner. A certificate of
ownership for a mobile home shall not be transferred or
issued until the department has verified that any taxes due on
the sale of the mobile home under *chapter 82.45 RCW and
any other taxes due under chapter 84.52 RCW have been
paid.
A copy of the real estate excise tax affidavit which has
been stamped by the county treasurer shall be deemed
sufficient evidence that the taxes due upon the sale of a used
mobile home have been paid.
A copy of a treasurer certificate, which is prepared by
the treasurer of the county in which the used mobile home
is located and which states that all property taxes due upon
the used mobile home being sold have been satisfied, shall
be deemed sufficient evidence that the property taxes due
have been paid. [1979 ex.s. c 266 § 5; 1979 c 158 § 133;
1971 ex.s. c 231 § 13.]
*Reviser’s note: This reference has been changed from chapter
28A.45 RCW to chapter 82.45 RCW in accordance with 1981 c 148 § 13
and 1981 c 93 § 2. See note following RCW 82.45.010.
Effective date—1971 ex.s. c 231: See note following RCW
46.01.130.
46.12.124 Odometer disclosure statement. (1) The
department shall require an odometer disclosure statement to
accompany every application for a certificate of ownership,
unless specifically exempted. If the certificate of ownership
was issued after April 30, 1990, a secure odometer statement
is required, unless specifically exempted. The statements
shall include, at a minimum, the following:
(a) The miles shown on the odometer at the time of
transfer of ownership;
(b) The date of transfer of ownership;
(c) One of the following statements:
(i) The mileage reflected is actual to the best of
transferor’s knowledge;
(ii) The odometer reading exceeds the mechanical limits
of the odometer to the best of the transferor’s knowledge; or
(iii) The odometer reading is not the actual mileage;
If the odometer reading is under one hundred thousand
miles, the only options that can be certified are "actual to the
best of the transferor’s knowledge" or "not the actual
mileage." If the odometer reading is one hundred thousand
miles or more, the options "actual to the best of the
transferor’s knowledge" or "not the actual mileage" cannot
be used unless the odometer has six digit capability;
(d) A complete description of the vehicle, including the:
(i) Model year;
(ii) Make;
(iii) Series and body type (model);
(iv) Vehicle identification number;
(v) License plate number and state (optional);
(e) The name, address, and signature of the transferor,
in accordance with the following conditions:
(i) Only one registered owner is required to complete
the odometer disclosure statement;
[Title 46 RCW—page 38]
(ii) When the registered owner is a business, both the
business name and a company representative’s name must be
shown on the odometer disclosure statement;
(f) The name and address of the transferee and the
transferee’s signature to acknowledge the transferor’s
information. If the transferee represents a company, both the
company name and the agent’s name must be shown on the
odometer disclosure statement;
(g) A statement that the notice is required by the federal
Truth in Mileage Act of 1986; and
(h) A statement that failure to complete the odometer
disclosure statement or providing false information may
result in fines or imprisonment or both.
(2) The transferee shall return a signed copy of the
odometer disclosure statement to the transferor at the time of
transfer of ownership.
(3) The following vehicles are not subject to the
odometer disclosure requirement at the time of ownership
transfer:
(a) A vehicle having a declared gross vehicle weight of
more than sixteen thousand pounds;
(b) A vehicle that is not self-propelled;
(c) A vehicle that is ten years old or older;
(d) A vehicle sold directly by a manufacturer to a
federal agency in conformity with contract specifications; or
(e) A new vehicle before its first retail sale. [1990 c
238 § 6.]
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
46.12.130 Assigned certificate of ownership to be
filed by department—Transfer of interest in vehicle.
Certificates of ownership when assigned and returned to the
department, together with subsequently assigned reissues
thereof, shall be retained by the department and appropriately
filed and indexed so that at all times it will be possible to
trace ownership to the vehicle designated therein:
(1) If the interest of an owner in a vehicle passes to
another, other than by voluntary transfer, the transferee shall,
except as provided in subsection (3) of this section, promptly
mail or deliver to the department the last certificate of
ownership if available, proof of transfer, and his application
for a new certificate in the form the department prescribes.
(2) If the interest of the owner is terminated or the
vehicle is sold under a security agreement by a secured party
named in the certificate of ownership, the transferee shall
promptly mail or deliver to the department the last certificate
of ownership, his application for a new certificate in the
form the department prescribes, and an affidavit made by or
on the behalf of the secured party that the vehicle was
repossessed and that the interest of the owner was lawfully
terminated or sold pursuant to the terms of the security
agreement.
(3) If the secured party succeeds to the interest of the
owner and holds the vehicle for resale, he need not secure a
new certificate of ownership but, upon transfer to another
person, shall promptly mail or deliver to the transferee or to
the department the certificate, affidavit and other documents
(and articles) required to be sent to the department by the
transferee. [1967 c 140 § 3; 1961 c 12 § 46.12.130. Prior:
1959 c 166 § 11; prior: 1947 c 164 § 4(d); 1937 c 188 §
6(d); Rem. Supp. 1947 § 6312-6(d).]
(2002 Ed.)
Certificates of Ownership and Registration
46.12.130
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
§ 14; prior: 1947 c 164 § 4(g); 1937 c 188 § 6(g); Rem.
Supp. 1947 § 6312-6(g).]
46.12.151 Procedure when department unsatisfied
as to ownership and security interests. If the department
is not satisfied as to the ownership of the vehicle or that
there are no undisclosed security interests in it, the department may register the vehicle but shall either:
(1) Withhold issuance of a certificate of ownership for
a period of three years or until the applicant presents
documents reasonably sufficient to satisfy the department as
to the applicant’s ownership of the vehicle and that there are
no undisclosed security interests in it; or
(2) As a condition of issuing a certificate of ownership,
require the applicant to file with the department a bond for
a period of three years in the form prescribed by the department and executed by the applicant. The bond shall be in an
amount equal to one and one-half times the value of the
vehicle as determined by the department and conditioned to
indemnify any prior owner and secured party and any
subsequent purchaser of the vehicle or person acquiring any
security interest in it, and their respective successors in
interest, against any expense, loss or damage, including
reasonable attorney’s fees, by reason of the issuance of the
certificate of ownership of the vehicle or on account of any
defect in or undisclosed security interest upon the right, title
and interest of the applicant in and to the vehicle. Any such
interested person has a right of action to recover on the bond
for any breach of its conditions, but the aggregate liability of
the surety to all persons shall not exceed the amount of the
bond. At the end of three years or prior thereto if the
vehicle is no longer registered in this state or when satisfactory evidence of ownership is surrendered to the department,
the owner may apply to the department for a replacement
certificate of ownership without reference to the bond.
[1990 c 250 § 30; 1967 c 140 § 9.]
46.12.170 Procedure when security interest is
granted on vehicle. If, after a certificate of ownership is
issued, a security interest is granted on the vehicle described
therein, the registered owner or secured party shall, within
ten days thereafter, present an application to the department,
to which shall be attached the certificate of ownership last
issued covering the vehicle, or such other documentation as
may be required by the department, which application shall
be upon a form approved by the department and shall be
accompanied by a fee of five dollars in addition to all other
fees. The department, if satisfied that there should be a
reissue of the certificate, shall note such change upon the
vehicle records and issue to the secured party a new certificate of ownership.
Whenever there is no outstanding secured obligation and
no commitment to make advances and incur obligations or
otherwise give value, the secured party must assign the
certificate of ownership to the debtor or the debtor’s assignee
or transferee, and transmit the certificate to the department
with an accompanying fee of five dollars in addition to all
other fees. The department shall then issue a new certificate
of ownership and transmit it to the owner. If the affected
secured party fails to either assign the certificate of ownership to the debtor or the debtor’s assignee or transferee or
transmit the certificate of ownership to the department within
ten days after proper demand, that secured party shall be
liable to the debtor or the debtor’s assignee or transferee for
one hundred dollars, and in addition for any loss caused to
the debtor or the debtor’s assignee or transferee by such
failure. [2002 c 352 § 5. Prior: 1997 c 432 § 5; 1997 c
241 § 5; 1994 c 262 § 6; 1979 ex.s. c 113 § 2; 1975 c 25 §
13; 1967 c 140 § 4; 1961 c 12 § 46.12.170; prior: 1951 c
269 § 4; 1947 c 164 § 5; 1939 c 182 § 2; 1937 c 188 § 7;
Rem. Supp. 1947 § 6312-7.]
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
46.12.160 Refusal or cancellation of certificate—
Notice—Penalty for subsequent operation. If the department determines at any time that an applicant for certificate
of ownership or for a certificate of license registration for a
vehicle is not entitled thereto, the department may refuse to
issue such certificate or to license the vehicle and may, for
like reason, after notice, and in the exercise of discretion,
cancel license registration already acquired or any outstanding certificate of ownership. Notice of cancellation may be
accomplished by sending a notice by first class mail using
the last known address in department records for the registered or legal vehicle owner or owners, and recording the
transmittal on an affidavit of first class mail. It shall then be
unlawful for any person to remove, drive, or operate the
vehicle until a proper certificate of ownership or license
registration has been issued, and any person removing,
driving, or operating such vehicle after the refusal of the
department to issue certificates or the revocation thereof
shall be guilty of a gross misdemeanor. [1994 c 262 § 5;
1975 c 25 § 12; 1961 c 12 § 46.12.160. Prior: 1959 c 166
(2002 Ed.)
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
46.12.181 Duplicate for lost, stolen, mutilated, etc.,
certificates. If a certificate of ownership is lost, stolen,
mutilated, or destroyed or becomes illegible, the first priority
secured party or, if none, the owner or legal representative
of the owner named in the certificate, as shown by the records of the department, shall promptly make application for
and may obtain a duplicate upon tender of five dollars in
addition to all other fees and upon furnishing information
satisfactory to the department. The duplicate certificate of
ownership shall contain the legend, "duplicate." It shall be
provided to the first priority secured party named in it or, if
none, to the owner.
A person recovering an original certificate of ownership
for which a duplicate has been issued shall promptly
surrender the original certificate to the department. [2002 c
352 § 6; 1997 c 241 § 7; 1994 c 262 § 7; 1990 c 250 § 31;
1969 ex.s. c 170 § 1; 1967 c 140 § 8.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1967 c 140: See note following RCW 46.12.010.
[Title 46 RCW—page 39]
46.12.181
Title 46 RCW: Motor Vehicles
Definitions: RCW 46.12.005.
46.12.190 Legal owner not liable for acts of registered owner. The person, firm, copartnership, association
or corporation to whom a certificate of ownership shall have
been issued shall not thereby incur liability or be responsible
for damage, or otherwise, resulting from any act or contract
made by the registered owner or by any other person acting
for, or by or under the authority of such registered owner.
[1961 c 12 § 46.12.190. Prior: 1937 c 188 § 10, part; RRS
§ 6312-10, part.]
46.12.200 State or director not liable for acts in
administering chapter. No suit or action shall ever be
commenced or prosecuted against the director of licensing or
the state of Washington by reason of any act done or omitted
to be done in the administration of the duties and responsibilities imposed upon the director under this chapter. [1979
c 158 § 134; 1967 c 32 § 11; 1961 c 12 § 46.12.200. Prior:
1937 c 188 § 10, part; RRS § 6312-10, part.]
46.12.210 Penalty for false statements or illegal
transfers. Any person who shall knowingly make any false
statement of a material fact, either in his application for the
certificate of ownership or in any assignment thereof, or who
with intent to procure or pass ownership to a vehicle which
he knows or has reason to believe has been stolen, shall
receive or transfer possession of the same from or to another
or who shall have in his possession any vehicle which he
knows or has reason to believe has been stolen, and who is
not an officer of the law engaged at the time in the performance of his duty as such officer, shall be guilty of a felony
and upon conviction shall be punished by a fine of not more
than five thousand dollars or by imprisonment for not more
than ten years, or both such fine and imprisonment. This
provision shall not exclude any other offenses or penalties
prescribed by any existing or future law for the larceny or
unauthorized taking of a motor vehicle. [1961 c 12 §
46.12.210. Prior: 1937 c 188 § 12; RRS § 6312-12.]
or whose owner’s residence is unknown, may apply to the
department for a permit to junk or wreck such motor vehicle,
or any part thereof. Upon such application, a permit may be
issued by the department, upon receipt of a fee of one dollar,
in a form to be prescribed by the department to authorize
such wrecker to wreck or junk such vehicle, or any part
thereof. [1975 c 25 § 14; 1967 c 32 § 13; 1961 c 12 §
46.12.230. Prior: 1957 c 273 § 12.]
46.12.240 Appeals to superior court from suspension, revocation, cancellation, or refusal of license or
certificate. (1) The suspension, revocation, cancellation, or
refusal by the director of any license or certificate provided
for in chapters 46.12 and 46.16 RCW is conclusive unless
the person whose license or certificate is suspended, revoked,
canceled, or refused appeals to the superior court of
Thurston county, or at his option to the superior court of the
county of his residence, for the purpose of having the
suspension, revocation, cancellation, or refusal of the license
or certificate set aside. Notice of appeal must be filed
within ten days after receipt of the notice of suspension,
revocation, cancellation, or refusal. Upon the filing of the
notice of appeal the court shall issue an order to the director
to show cause why the license should not be granted or
reinstated, which order shall be returnable not less than ten
days after the date of service thereof upon the director.
Service shall be in the manner prescribed for service of
summons and complaint in other civil actions. Upon the
hearing on the order to show cause, the court shall hear
evidence concerning matters with reference to the suspension, revocation, cancellation, or refusal of the license or
certificate and shall enter judgment either affirming or
setting aside the suspension, revocation, cancellation, or
refusal.
(2) This section does not apply to vehicle registration
cancellations under *RCW 46.16.710 through 46.16.760.
[1987 c 388 § 8; 1965 ex.s. c 121 § 42; 1961 c 12 §
46.20.340. Prior: 1953 c 23 § 2; 1937 c 188 § 74; RRS §
6312-74. Formerly RCW 46.20.340.]
*Reviser’s note: RCW 46.16.710 through 46.16.760 expired July 1,
46.12.215 Unlawful sale of certificate of ownership.
It is a class C felony for a person to sell or convey a vehicle
certificate of ownership except in conjunction with the sale
or transfer of the vehicle for which the certificate was
originally issued. [1995 c 256 § 1.]
46.12.220 Alteration or forgery—Penalty. Any
person who shall alter or forge or cause to be altered or
forged any certificate issued by the director pursuant to the
provisions of this chapter, or any assignment thereof, or any
release or notice of release of any encumbrance referred to
therein, or who shall hold or use any such certificate or
assignment, or release or notice of release, knowing the same
to have been altered or forged, shall be guilty of a felony.
[1967 c 32 § 12; 1961 c 12 § 46.12.220. Prior: 1937 c 188
§ 13; RRS § 6312-13.]
46.12.230 Permit to licensed wrecker to junk
vehicle—Fee. Any licensed wrecker in possession of a
motor vehicle ten years old or older, and ownership of which
[Title 46 RCW—page 40]
1993.
Effective date—Severability—1987 c 388: See notes following
RCW 46.20.342.
46.12.250 Ownership of motor vehicle by person
under eighteen prohibited—Exceptions. It shall be
unlawful for any person under the age of eighteen to be the
registered or legal owner of any motor vehicle: PROVIDED, That RCW 46.12.250 through 46.12.270 shall not apply
to any person who is on active duty in the United States
armed forces nor to any minor who is in effect emancipated:
PROVIDED further, That RCW 46.12.250 through 46.12.270
shall not apply to any person who is the registered owner of
a motor vehicle prior to August 11, 1969 or who became the
registered or legal owner of a motor vehicle while a nonresident of this state. [1969 ex.s. c 125 § 1.]
46.12.260 Sale or transfer of motor vehicle ownership to person under eighteen prohibited. It shall be
unlawful for any person to convey, sell or transfer the
ownership of any motor vehicle to any person under the age
(2002 Ed.)
Certificates of Ownership and Registration
of eighteen: PROVIDED, That this section shall not apply
to a vendor if the minor provides the vendor with a certified
copy of an original birth registration showing the minor to
be over eighteen years of age. Such certified copy shall be
transmitted to the department of licensing by the vendor with
the application for title to said motor vehicle. [1979 c 158
§ 135; 1969 ex.s. c 125 § 2.]
46.12.270 Penalty for violation of RCW 46.12.250
or 46.12.260. Any person violating RCW 46.12.250 or
46.12.260 or who transfers, sells, or encumbers an interest
in a vehicle in violation of RCW 46.61.5058, with actual
notice of the prohibition, is guilty of a misdemeanor and
shall be punished by a fine of not more than two hundred
fifty dollars or by imprisonment in a county jail for not more
than ninety days. [1994 c 139 § 2; 1993 c 487 § 6; 1969
ex.s. c 125 § 3.]
46.12.280 Campers—Application to—Rules and
regulations. The provisions of chapter 46.12 RCW concerning the registration and titling of vehicles, and the perfection
of security interests therein shall apply to campers, as
defined in RCW 46.04.085. In addition, the director of licensing shall have the power to adopt such rules and
regulations he deems necessary to implement the registration
and titling of campers and the perfection of security interests
therein. [1979 c 158 § 136; 1971 ex.s. c 231 § 6.]
Effective date—1971 ex.s. c 231: See note following RCW
46.01.130.
46.12.290 Mobile or manufactured homes, application of chapter to—Rules. (1) The provisions of chapter
46.12 RCW insofar as they are not inconsistent with the provisions of chapter 231, Laws of 1971 ex. sess. or chapter
65.20 RCW apply to mobile or manufactured homes:
PROVIDED, That RCW 46.12.080 and 46.12.250 through
46.12.270 shall not apply to mobile or manufactured homes.
(2) In order to transfer ownership of a mobile home, all
registered owners of record must sign the title certificate
releasing their ownership.
(3) The director of licensing shall have the power to
adopt such rules as necessary to implement the provisions of
this chapter relating to mobile homes. [1993 c 154 § 2.
Prior: 1989 c 343 § 20; 1989 c 337 § 4; 1981 c 304 § 2;
1979 c 158 § 137; 1971 ex.s. c 231 § 14.]
Severability—Effective date—1989 c 343: See RCW 65.20.940 and
65.20.950.
Severability—1981 c 304: See note following RCW 26.16.030.
Effective date—1971 ex.s. c 231: See note following RCW
46.01.130.
46.12.295 Mobile homes—Titling functions transferred to department of community, trade, and economic
development. The department of licensing shall transfer all
titling functions pertaining to mobile homes to the housing
division of the department of community, trade, and economic development by July 1, 1991. The department of licensing shall transfer all books, records, files, and documents
pertaining to mobile home titling to the department of
community, trade, and economic development. The directors
of the departments may immediately take such steps as are
(2002 Ed.)
46.12.260
necessary to ensure that chapter 176, Laws of 1990 is
implemented on June 7, 1990. [1995 c 399 § 117; 1990 c
176 § 3.]
Department of community, trade, and economic development duties: RCW
43.63A.460.
46.12.300 Serial numbers on vehicles, watercraft,
campers, or parts—Buying, selling, etc., with numbers
removed, altered, etc.—Penalty. Whoever knowingly buys,
sells, receives, disposes of, conceals, or has knowingly in his
possession any vehicle, watercraft, camper, or component
part thereof, from which the manufacturer’s serial number or
any other distinguishing number or identification mark has
been removed, defaced, covered, altered, or destroyed for the
purpose of concealment or misrepresenting the identity of the
said vehicle, watercraft, camper, or component part thereof
shall be guilty of a gross misdemeanor. [1975-’76 2nd ex.s.
c 91 § 1.]
Severability—1975-’76 2nd ex.s. c 91: "If any provision of this act,
or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1975-’76 2nd ex.s. c 91 § 10.]
Effective date—1975-’76 2nd ex.s. c 91: "This act shall take effect
on July 1, 1976." [1975-’76 2nd ex.s. c 91 § 11.]
46.12.310 Serial numbers—Seizure and impoundment of vehicles, etc.—Notice to interested persons—
Release to owner, etc. (1) Any vehicle, watercraft, camper,
or any component part thereof, from which the
manufacturer’s serial number or any other distinguishing
number or identification mark has been removed, defaced,
covered, altered, obliterated, or destroyed, may be impounded and held by the seizing law enforcement agency for the
purpose of conducting an investigation to determine the
identity of the article or articles, and to determine whether
it had been reported stolen.
(2) Within five days of the impounding of any vehicle,
watercraft, camper, or component part thereof, the law
enforcement agency seizing the article or articles shall send
written notice of such impoundment by certified mail to all
persons known to the agency as claiming an interest in the
article or articles. The seizing agency shall exercise reasonable diligence in ascertaining the names and addresses of
those persons claiming an interest in the article or articles.
Such notice shall advise the person of the fact of seizure, the
possible disposition of the article or articles, the requirement
of filing a written claim requesting notification of potential
disposition, and the right of the person to request a hearing
to establish a claim of ownership. Within five days of
receiving notice of other persons claiming an interest in the
article or articles, the seizing agency shall send a like notice
to each such person.
(3) If reported as stolen, the seizing law enforcement
agency shall promptly release such vehicle, watercraft,
camper, or parts thereof as have been stolen, to the person
who is the lawful owner or the lawful successor in interest,
upon receiving proof that such person presently owns or has
a lawful right to the possession of the article or articles.
[1995 c 256 § 2; 1975-’76 2nd ex.s. c 91 § 2.]
Severability—Effective date—1975-’76 2nd ex.s. c 91: See notes
following RCW 46.12.300.
[Title 46 RCW—page 41]
46.12.320
Title 46 RCW: Motor Vehicles
46.12.320 Serial numbers—Disposition of vehicles,
etc., authorized, when. Unless a claim of ownership to the
article or articles is established pursuant to RCW 46.12.330,
the law enforcement agency seizing the vehicle, watercraft,
camper, or component part thereof may dispose of them by
destruction, by selling at public auction to the highest bidder,
or by holding the article or articles for the official use of the
agency, when:
(1) The true identity of the article or articles cannot be
established by restoring the original manufacturer’s serial
number or other distinguishing numbers or identification
marks or by any other means;
(2) After the true identity of the article or articles has
been established, the seizing law enforcement agency cannot
locate the person who is the lawful owner or if such lawful
owner or his successor in interest fails to claim the article or
articles within forty-five days after receiving notice from the
seizing law enforcement agency that the article or articles is
in its possession.
No disposition of the article or articles pursuant to this
section shall be undertaken until at least sixty days have
elapsed from the date of seizure and written notice of the
right to a hearing to establish a claim of ownership pursuant
to RCW 46.12.330 and of the potential disposition of the
article or articles shall have first been served upon the
person who held possession or custody of the article when
it was impounded and upon any other person who, prior to
the final disposition of the article, has notified the seizing
law enforcement agency in writing of a claim to ownership
or lawful right to possession thereof. [1975-’76 2nd ex.s. c
91 § 3.]
Severability—Effective date—1975-’76 2nd ex.s. c 91: See notes
following RCW 46.12.300.
46.12.330 Serial numbers—Hearing—Appeal—
Removal to court—Release. (1) Any person may submit
a written request for a hearing to establish a claim of
ownership or right to lawful possession of the vehicle,
watercraft, camper, or component part thereof seized pursuant to this section.
(2) Upon receipt of a request for hearing, one shall be
held before the chief law enforcement officer of the seizing
agency or an administrative law judge appointed under
chapter 34.12 RCW.
(3) Such hearing shall be held within a reasonable time
after receipt of a request therefor. Reasonable investigative
activities, including efforts to establish the identity of the
article or articles and the identity of the person entitled to
the lawful possession or custody of the article or articles
shall be considered in determining the reasonableness of the
time within which a hearing must be held.
(4) The hearing and any appeal therefrom shall be
conducted in accordance with Title 34 RCW.
(5) The burden of producing evidence shall be upon the
person claiming to be the lawful owner or to have the lawful
right of possession to the article or articles.
(6) Any person claiming ownership or right to possession of an article or articles subject to disposition under
RCW 46.12.310 through 46.12.340 may remove the matter
to a court of competent jurisdiction if the aggregate value of
the article or articles involved is two hundred dollars or
more. In a court hearing between two or more claimants to
[Title 46 RCW—page 42]
the article or articles involved, the prevailing party shall be
entitled to judgment for costs and reasonable attorney’s fees.
For purposes of this section the seizing law enforcement
agency shall not be considered a claimant.
(7) The seizing law enforcement agency shall promptly
release the article or articles to the claimant upon a determination by the administrative law judge or court that the
claimant is the present lawful owner or is lawfully entitled
to possession thereof. [1981 c 67 § 27; 1975-’76 2nd ex.s.
c 91 § 4.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
Severability—Effective date—1975-’76 2nd ex.s. c 91: See notes
following RCW 46.12.300.
46.12.340 Serial numbers—Release of vehicle, etc.
The seizing law enforcement agency may release the article
or articles impounded pursuant to this section to the person
claiming ownership without a hearing pursuant to RCW
46.12.330 when such law enforcement agency is satisfied
after an appropriate investigation as to the claimant’s right
to lawful possession. If no hearing is contemplated as
provided for in RCW 46.12.330 such release shall be within
a reasonable time following seizure. Reasonable investigative activity, including efforts to establish the identity of the
article or articles and the identity of the person entitled to
lawful possession or custody of the article or articles shall be
considered in determining the reasonableness of the time in
which release must be made. [1975-’76 2nd ex.s. c 91 § 5.]
Severability—Effective date—1975-’76 2nd ex.s. c 91: See notes
following RCW 46.12.300.
46.12.350 Assignment of new serial number. An
identification number shall be assigned to any article
impounded pursuant to RCW 46.12.310 in accordance with
the rules promulgated by the department of licensing prior
to:
(1) The release of the article from the custody of the
seizing agency; or
(2) The use of the article by the seizing agency. [1979
c 158 § 138; 1975-’76 2nd ex.s. c 91 § 6.]
Severability—Effective date—1975-’76 2nd ex.s. c 91: See notes
following RCW 46.12.300.
46.12.370 Lists of registered and legal owners of
vehicles—Furnished for certain purposes—Penalty for
unauthorized use. In addition to any other authority which
it may have, the department of licensing may furnish lists of
registered and legal owners of motor vehicles only for the
purposes specified in this section to:
(1) The manufacturers of motor vehicles, or their
authorized agents, to be used to enable those manufacturers
to carry out the provisions of the National Traffic and Motor
Vehicle Safety Act of 1966 (15 U.S.C. sec. 1382-1418),
including amendments or additions thereto, respecting safetyrelated defects in motor vehicles;
(2) Any governmental agency of the United States or
Canada, or political subdivisions thereof, to be used by it or
by its authorized commercial agents or contractors only in
connection with the enforcement of motor vehicle or traffic
laws by, or programs related to traffic safety of, that
government agency. Only such parts of the list as are
(2002 Ed.)
Certificates of Ownership and Registration
required for completion of the work required of the agent or
contractor shall be provided to such agent or contractor;
(3) A commercial parking company requiring the names
and addresses of registered owners to notify them of outstanding parking violations. Subject to the disclosure
agreement provisions of RCW 46.12.380 and the requirements of Executive Order 97-01, the department may
provide only the parts of the list that are required for
completion of the work required of the company;
(4) An authorized agent or contractor of the department,
to be used only in connection with providing motor vehicle
excise tax, licensing, title, and registration information to
motor vehicle dealers; or
(5) Any business regularly making loans to other
persons to finance the purchase of motor vehicles, to be used
to assist the person requesting the list to determine ownership of specific vehicles for the purpose of determining
whether or not to provide such financing.
In the event a list of registered and legal owners of
motor vehicles is used for any purpose other than that
authorized in this section, the manufacturer, governmental
agency, commercial parking company, authorized agent,
contractor, financial institution, or their authorized agents or
contractors responsible for the unauthorized disclosure or use
will be denied further access to such information by the
department of licensing. [1997 c 432 § 6; 1997 c 33 § 1;
1982 c 215 § 1.]
Reviser’s note: This section was amended by 1997 c 33 § 1 and by
1997 c 432 § 6, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
46.12.380 Disclosure of names and addresses of
individual vehicle owners. (1) Notwithstanding the
provisions of chapter 42.17 RCW, the name or address of an
individual vehicle owner shall not be released by the
department, county auditor, or agency or firm authorized by
the department except under the following circumstances:
(a) The requesting party is a business entity that
requests the information for use in the course of business;
(b) The request is a written request that is signed by the
person requesting disclosure that contains the full legal name
and address of the requesting party, that specifies the
purpose for which the information will be used; and
(c) The requesting party enters into a disclosure agreement with the department in which the party promises that
the party will use the information only for the purpose stated
in the request for the information; and that the party does not
intend to use, or facilitate the use of, the information for the
purpose of making any unsolicited business contact with a
person named in the disclosed information. The term
"unsolicited business contact" means a contact that is
intended to result in, or promote, the sale of any goods or
services to a person named in the disclosed information.
The term does not apply to situations where the requesting
party and such person have been involved in a business
transaction prior to the date of the disclosure request and
where the request is made in connection with the transaction.
(2) The disclosing entity shall retain the request for disclosure for three years.
(3) Whenever the disclosing entity grants a request for
information under this section by an attorney or private
(2002 Ed.)
46.12.370
investigator, the disclosing entity shall provide notice to the
vehicle owner, to whom the information applies, that the
request has been granted. The notice also shall contain the
name and address of the requesting party.
(4) Any person who is furnished vehicle owner information under this section shall be responsible for assuring that
the information furnished is not used for a purpose contrary
to the agreement between the person and the department.
(5) This section shall not apply to requests for information by governmental entities or requests that may be granted
under any other provision of this title expressly authorizing
the disclosure of the names or addresses of vehicle owners.
(6) This section shall not apply to title history information under RCW 19.118.170. [1995 c 254 § 10; 1990 c 232
§ 2; 1987 c 299 § 1; 1984 c 241 § 2.]
Effective date—Severability—1995 c 254: See notes following
RCW 19.118.021.
Legislative finding and purpose—1990 c 232: "The legislature
recognizes the extraordinary value of the vehicle title and registration
records for law enforcement and commerce within the state. The legislature
also recognizes that indiscriminate release of the vehicle owner information
to be an infringement upon the rights of the owner and can subject owners
to intrusions on their privacy. The purpose of this act is to limit the release
of vehicle owners’ names and addresses while maintaining the availability
of the vehicle records for the purposes of law enforcement and commerce."
[1990 c 232 § 1.]
46.12.390 Disclosure violations, penalties. (1) The
department may review the activities of a person who
receives vehicle record information to ensure compliance
with the limitations imposed on the use of the information.
The department shall suspend or revoke for up to five years
the privilege of obtaining vehicle record information of a
person found to be in violation of chapter 42.17 RCW, this
chapter, or a disclosure agreement executed with the department.
(2) In addition to the penalty in subsection (1) of this
section:
(a) The unauthorized disclosure of information from a
department vehicle record; or
(b) The use of a false representation to obtain information from the department’s vehicle records; or
(c) The use of information obtained from the department
vehicle records for a purpose other than what is stated in the
request for information or in the disclosure agreement
executed with the department; or
(d) The sale or other distribution of any vehicle owner
name or address to another person not disclosed in the
request or disclosure agreement
is a gross misdemeanor punishable by a fine not to exceed
ten thousand dollars, or by imprisonment in a county jail not
to exceed one year, or by both such fine and imprisonment
for each violation. [1990 c 232 § 3.]
Legislative finding and purpose—1990 c 232: See note following
RCW 46.12.380.
46.12.420 Street rod vehicles. The state patrol shall
inspect a street rod vehicle and assign a vehicle identification
number in accordance with this chapter.
A street rod vehicle shall be titled as the make and year
of the vehicle as originally manufactured. The title shall be
branded with the designation "street rod." [1996 c 225 § 6.]
Finding—1996 c 225: See note following RCW 46.04.125.
[Title 46 RCW—page 43]
46.12.430
Title 46 RCW: Motor Vehicles
46.12.430 Parts cars. The owner of a parts car must
possess proof of ownership for each such vehicle. [1996 c
225 § 7.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.12.440 Kit vehicles—Application for certificate
of ownership. The following procedures must be followed
when applying for a certificate of ownership for a kit
vehicle:
(1) The vehicle identification number (VIN) of a new
vehicle kit and of a body kit will be taken from the
manufacturer’s certificate of origin belonging to that vehicle.
If the VIN is not available, the Washington state patrol shall
assign a VIN at the time of inspection.
(2) The model year of a manufactured new vehicle kit
and manufactured body kit is the year reflected on the
manufacturer’s certificate of origin.
(3) The make shall be listed as "KITV," and the series
and body designation must describe what the vehicle looks
like, i.e. Bradley GT, 57 MG, and must include the word
"replica."
(4) Except for kit vehicles licensed under RCW
46.16.680(5), kit vehicles must comply with chapter 204-90
WAC.
(5) The application for the certificate of ownership must
be accompanied by the following documents:
(a) For a manufactured new vehicle kit, the
manufacturer’s certificate of origin or equivalent document;
(b)(i) For a manufactured body kit, the manufacturer’s
certificate of origin or equivalent document; (ii) for the
frame, the title or a certified copy or equivalent document;
(c) Bills of sale or invoices for all major components
used in the construction of the vehicle. The bills of sale
must be notarized unless the vendor is registered with the
department of revenue for the collection of retail sales or use
tax. The bills of sale must include the names and addresses
of the seller and purchaser, a description of the vehicle or
part being sold, including the make, model, and identification
or serial number, the date of sale, and the purchase price of
the vehicle or part;
(d) A statement as defined in WAC 308-56A-150 by an
authorized inspector of the Washington state patrol or other
person authorized by the department of licensing verifying
the vehicle identification number, and year and make when
applicable;
(e) A completed declaration of value form (TD 420-737)
to determine the value for excise tax if the purchase cost and
year is unknown or incomplete.
(6) A Washington state patrol VIN inspector must
ensure that all parts are documented by titles, notarized bills
of sale, or business receipts such as obtained from a wrecking yard purchase. The bills of sale must contain the VIN
of the vehicle the parts came from, or the yard number if
from a wrecking yard. [1996 c 225 § 8.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.12.450 Kit vehicles—Issuance of certificate of
ownership or registration. The following documents are
required for issuance of a certificate of ownership or
registration for a kit vehicle:
[Title 46 RCW—page 44]
(1) For a new vehicle kit or a manufactured body kit,
the owner shall supply a manufacturer’s certificate of origin
or a factory invoice.
(2) For a manufactured body kit, proof of ownership for
all major parts used in the construction of the vehicle is
required.
(a) Major parts include:
(i) Frame;
(ii) Engine;
(iii) Axles;
(iv) Transmission;
(v) Any other parts that carry vehicle identification
numbers.
(b) If the frame from a donor vehicle is used and the
remainder of the donor vehicle is to be sold or destroyed, the
title is required as an ownership document to the buyer. The
agent or subagent may make a certified copy of the title for
documentation of the frame for this transaction.
(3) Payment of use tax on the frame and all component
parts used is required, unless proof of payment of the sales
or use tax is submitted.
(4) A completed declaration of value form (TD 420737) to determine the value of the vehicle for excise tax
purposes is required if the purchase cost and year of purchase is unknown.
(5) An odometer disclosure statement is required on all
originals and transfers of title for vehicles under ten years
old, unless otherwise exempt by law. [1996 c 225 § 9.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.12.500 Commercial vehicle—Compliance statement. When applicable, the certificate of registration must
include a statement that the owner or entity operating a
commercial vehicle must be in compliance with the requirements of the United States department of transportation
federal motor carrier safety regulations contained in Title 49
C.F.R. Part 382, controlled substances and alcohol use and
testing. [1999 c 351 § 4.]
Reviser’s note: This section was directed to be codified in chapter
46.16 RCW, but placement in chapter 46.12 RCW appears to be more
appropriate.
Chapter 46.16
VEHICLE LICENSES
Sections
46.16.006
46.16.010
46.16.011
46.16.012
46.16.015
46.16.016
46.16.020
46.16.022
46.16.023
46.16.025
46.16.028
46.16.029
46.16.030
"Registration year" defined—Registration months—"Last
day of the month."
Licenses and plates required—Penalties—Exceptions.
Allowing unauthorized person to drive—Penalty.
Immunity from liability for licensing nonroadworthy vehicle.
Emission control inspections required—Exceptions—
Educational information.
Emission control inspections—Rules for licensing requirements.
Exemptions—State and publicly owned vehicles—
Registration.
Exemptions—Vehicles owned by Indian tribes—Conditions.
Ride-sharing vehicles—Special plates—Gross misdemeanor.
Identification device for exempt farm vehicles—Application
for—Contents—Fee.
"Resident" defined—Vehicle registration required.
Purchasing vehicle with foreign plates.
Nonresident exemption—Reciprocity.
(2002 Ed.)
Vehicle Licenses
46.16.035
46.16.040
46.16.045
46.16.047
46.16.048
Exemptions—Private school buses.
Form of application—Contents.
Temporary permits—Authority—Fees.
Temporary permits—Form and contents—Duration—Fees.
Temporary letter of authority for movement of unlicensed
vehicle for special community event.
46.16.0621 License fee.
46.16.063 Additional fee for recreational vehicles.
46.16.068 Trailing units—Permanent plates.
46.16.070 License fee on trucks, buses, and for hire vehicles based on
gross weight.
46.16.071 Additional fees.
46.16.073 Federal heavy vehicle use tax.
46.16.079 Fixed load motor vehicle equipped for lifting or towing—
Capacity fee in addition to and in lieu.
46.16.085 Commercial trailers, pole trailers—Fee in lieu.
46.16.088 Transfer of license plates—Penalty.
46.16.090 Gross weight fees on farm vehicles—Penalty.
46.16.111 Gross weight, how computed.
46.16.121 Seating capacity fees on stages, for hire vehicles.
46.16.125 Mileage fees on stages—Penalty.
46.16.135 Monthly license fee—Penalty.
46.16.140 Overloading licensed capacity—Additional license—
Penalties—Exceptions.
46.16.145 Overloading licensed capacity—Penalties.
46.16.150 School buses exempt from load and seat capacity fees.
46.16.160 Vehicle trip permits—Restrictions and requirements—Fees
and taxes—Penalty—Rules.
46.16.180 Unlawful to carry passengers for hire without license.
46.16.200 Applications to agents—Transmittal to director.
46.16.210 Original applications—Renewals—Fees—Preissuance, when.
46.16.212 Notice of liability insurance requirement.
46.16.216 Payment of parking fines required for renewal.
46.16.220 Time of renewal of licenses—Duration.
46.16.225 Adjustment of vehicle registration periods to stagger renewal
periods.
46.16.230 License plates furnished.
46.16.233 Standard background—Periodic replacement.
46.16.235 State name not abbreviated.
46.16.237 Reflectorized materials—Fee.
46.16.240 Attachment of plates to vehicles—Violations enumerated.
46.16.260 License registration certificate—Signature required—Carried
in vehicle—Penalty—Inspection—Exception.
46.16.265 Replacement certificate.
46.16.270 Replacement of plates—Fee.
46.16.276 Implementing rules.
46.16.280 Sale, loss, or destruction of commercial vehicle—Credit for
unused fee—Change in license classification.
46.16.290 License certificate and plates follow vehicle on transfer—
Exceptions.
46.16.301 Baseball stadium license plates.
46.16.305 Special license plates—Continuance of earlier issues—
Conditions for current issues.
46.16.307 Collectors’ vehicles—Use restrictions.
46.16.309 Special license plates—Application.
46.16.313 Special license plates—Fees.
46.16.314 Special license plates—Authority to continue.
46.16.316 Special license plates—Transfer of vehicle—Replacement
plates.
46.16.319 Veterans and military personnel—Emblems.
46.16.324 Collegiate license plates.
46.16.327 Military emblems—Material, display requirements.
46.16.332 Military emblems—Fees.
46.16.333 Cooper Jones emblems.
46.16.335 Special license plates and emblems—Rules.
46.16.340 Amateur radio operator plates—Information furnished to
various agencies.
46.16.350 Amateur radio operator plates—Expiration or revocation of
radio license—Penalty.
46.16.371 Special plates for honorary consul, foreign government representative.
46.16.374 Taipei Economic and Cultural Office—Special plates.
46.16.376 Taipei Economic and Cultural Office—Fee exemption.
46.16.381 Special parking for disabled persons—Penalties—
Enforcement.
46.16.390 Special plate or card issued by another jurisdiction.
(2002 Ed.)
Chapter 46.16
46.16.450
Appeals to superior court from suspension, revocation,
cancellation, or refusal of license or certificate.
46.16.460 Nonresident members of armed forces—Issuance of temporary license.
46.16.470 Temporary license—Display.
46.16.480 Nonresident members of armed forces—Exemption from
sales, use, or motor vehicle excise taxes—Extent of
exemption.
46.16.490 Nonresident members of armed forces—Rules and regulations—Proof.
46.16.500 Liability of operator, owner, lessee for violations.
46.16.505 Campers—License and plates—Application—Fee.
46.16.560 Personalized license plates—Defined.
46.16.565 Personalized license plates—Application.
46.16.570 Personalized license plates—Design.
46.16.575 Personalized license plates—Issuance to registered owner
only.
46.16.580 Personalized license plates—Application requirements.
46.16.585 Personalized license plates—Fees—Renewal—Penalty.
46.16.590 Personalized license plates—Transfer fees.
46.16.595 Personalized license plates—Transfer or surrender upon sale
or release of vehicle—Penalty.
46.16.600 Personalized license plates—Rules and regulations.
46.16.605 Personalized license plates—Disposition of fees—Costs.
46.16.606 Personalized license plates—Additional fee.
46.16.630 Moped registration.
46.16.640 Wheelchair conveyances.
46.16.670 Boat trailers—Fee for freshwater aquatic weeds account.
46.16.680 Kit vehicles.
46.16.900 Severability—1973 1st ex.s. c 132.
Auto transportation companies: Chapter 81.68 RCW.
Free license plates
disabled veterans, prisoners of war: RCW 73.04.110.
surviving spouse of prisoner of war: RCW 73.04.115.
Rental cars: RCW 46.87.023.
Special license plates—Fee—Hulk haulers or scrap processors: RCW
46.79.060.
Unprocessed agricultural products, license for transport: RCW 20.01.120.
46.16.006 "Registration year" defined—Registration
months—"Last day of the month." (1) The term "registration year" for the purposes of chapters 46.16, 82.44, and
82.50 RCW means the effective period of a vehicle license
issued by the department. Such year commences at 12:01
a.m. on the date of the calendar year designated by the
department and ends at 12:01 a.m. on the same date of the
next succeeding calendar year. If a vehicle license previously issued in this state has expired and is renewed with a
different registered owner, a new registration year is deemed
to commence upon the date the expired license is renewed
in order that the renewed license be useable for a full
twelve-month period.
(2) Each registration year may be divided into twelve
registration months. Each registration month commences on
the day numerically corresponding to the day of the calendar
month on which the registration year begins, and terminates
on the numerically corresponding day of the next succeeding
calendar month.
(3) Where the term "last day of the month" is used in
chapters 46.16, 82.44, and 82.50 RCW in lieu of a specified
day of any calendar month it means the last day of such
calendar month or months irrespective of the numerical
designation of that day.
(4) If the final day of a registration year or month falls
on a Saturday, Sunday, or legal holiday, such period extends
through the end of the next business day. [1992 c 222 § 1;
1983 c 27 § 1; 1981 c 214 § 1; 1975 1st ex.s. c 118 § 1.]
[Title 46 RCW—page 45]
46.16.006
Title 46 RCW: Motor Vehicles
Effective date—1975 1st ex.s. c 118: "This 1975 amendatory act
shall take effect on January 1, 1977: PROVIDED, That the director of the
department of motor vehicles may, prior to such effective date, undertake
and perform duties and conduct activities necessary for the timely implementation of this 1975 amendatory act on such date." [1975 1st ex.s. c 118
§ 19.]
Severability—1975 1st ex.s. c 118: "If any provision of this 1975
amendatory act is declared unconstitutional, or the applicability thereof to
any person or circumstances is held invalid, the constitutionality of the
remainder of this 1975 amendatory act and the applicability thereof to
persons and circumstances shall not be affected thereby." [1975 1st ex.s.
c 118 § 18.]
46.16.010 Licenses and plates required—Penalties—
Exceptions. (1) It is unlawful for a person to operate any
vehicle over and along a public highway of this state without
first having obtained and having in full force and effect a
current and proper vehicle license and display vehicle license
number plates therefor as by this chapter provided. Failure
to make initial registration before operation on the highways
of this state is a misdemeanor, and any person convicted
thereof must be punished by a fine of no less than three hundred thirty dollars, no part of which may be suspended or
deferred.
Failure to renew an expired registration before operation
on the highways of this state is a traffic infraction.
(2) The licensing of a vehicle in another state by a
resident of this state, as defined in RCW 46.16.028, evading
the payment of any tax or license fee imposed in connection
with registration, is a gross misdemeanor punishable as
follows:
(a) For a first offense, up to one year in the county jail
and a fine equal to twice the amount of delinquent taxes and
fees, no part of which may be suspended or deferred;
(b) For a second or subsequent offense, up to one year
in the county jail and a fine equal to four times the amount
of delinquent taxes and fees, no part of which may be
suspended or deferred;
(c) For fines levied under (b) of this subsection, an
amount equal to the avoided taxes and fees owed will be
deposited in the vehicle licensing fraud account created in
the state treasury;
(d) The avoided taxes and fees shall be deposited and
distributed in the same manner as if the taxes and fees were
properly paid in a timely fashion.
(3) These provisions shall not apply to the following
vehicles:
(a) Electric-assisted bicycles;
(b) Farm vehicles if operated within a radius of fifteen
miles of the farm where principally used or garaged, farm
tractors and farm implements including trailers designed as
cook or bunk houses used exclusively for animal herding
temporarily operating or drawn upon the public highways,
and trailers used exclusively to transport farm implements
from one farm to another during the daylight hours or at
night when such equipment has lights that comply with the
law;
(c) Spray or fertilizer applicator rigs designed and used
exclusively for spraying or fertilization in the conduct of
agricultural operations and not primarily for the purpose of
transportation, and nurse rigs or equipment auxiliary to the
use of and designed or modified for the fueling, repairing, or
loading of spray and fertilizer applicator rigs and not used,
[Title 46 RCW—page 46]
designed, or modified primarily for the purpose of transportation;
(d) Fork lifts operated during daylight hours on public
highways adjacent to and within five hundred feet of the
warehouses which they serve: PROVIDED FURTHER, That
these provisions shall not apply to vehicles used by the state
parks and recreation commission exclusively for park
maintenance and operations upon public highways within
state parks;
(e) "Special highway construction equipment" defined as
follows: Any vehicle which is designed and used primarily
for grading of highways, paving of highways, earth moving,
and other construction work on highways and which is not
designed or used primarily for the transportation of persons
or property on a public highway and which is only incidentally operated or moved over the highway. It includes, but
is not limited to, road construction and maintenance machinery so designed and used such as portable air compressors, air drills, asphalt spreaders, bituminous mixers, bucket
loaders, track laying tractors, ditchers, leveling graders,
finishing machines, motor graders, paving mixers, road rollers, scarifiers, earth moving scrapers and carryalls, lighting
plants, welders, pumps, power shovels and draglines, selfpropelled and tractor-drawn earth moving equipment and
machinery, including dump trucks and tractor-dump trailer
combinations which either (i) are in excess of the legal
width, or (ii) which, because of their length, height, or
unladen weight, may not be moved on a public highway
without the permit specified in RCW 46.44.090 and which
are not operated laden except within the boundaries of the
project limits as defined by the contract, and other similar
types of construction equipment, or (iii) which are driven or
moved upon a public highway only for the purpose of
crossing such highway from one property to another,
provided such movement does not exceed five hundred feet
and the vehicle is equipped with wheels or pads which will
not damage the roadway surface.
Exclusions:
"Special highway construction equipment" does not
include any of the following:
Dump trucks originally designed to comply with the
legal size and weight provisions of this code notwithstanding
any subsequent modification which would require a permit,
as specified in RCW 46.44.090, to operate such vehicles on
a public highway, including trailers, truck-mounted transit
mixers, cranes and shovels, or other vehicles designed for
the transportation of persons or property to which machinery
has been attached.
(4) The following vehicles, whether operated solo or in
combination, are exempt from license registration and
displaying license plates as required by this chapter:
(a) A converter gear used to convert a semitrailer into
a trailer or a two-axle truck or tractor into a three or more
axle truck or tractor or used in any other manner to increase
the number of axles of a vehicle. Converter gear includes an
auxiliary axle, booster axle, dolly, and jeep axle.
(b) A tow dolly that is used for towing a motor vehicle
behind another motor vehicle. The front or rear wheels of
the towed vehicle are secured to and rest on the tow dolly
that is attached to the towing vehicle by a tow bar. [2000 c
229 § 1; 1999 c 277 § 4. Prior: 1997 c 328 § 2; 1997 c
241 § 13; 1996 c 184 § 1; 1993 c 238 § 1; 1991 c 163 § 1;
(2002 Ed.)
Vehicle Licenses
1989 c 192 § 2; 1986 c 186 § 1; 1977 ex.s. c 148 § 1; 1973
1st ex.s. c 17 § 2; 1972 ex.s. c 5 § 2; 1969 c 27 § 3; 1967
c 202 § 2; 1963 ex.s. c 3 § 51; 1961 ex.s. c 21 § 32; 1961
c 12 § 46.16.010; prior: 1955 c 265 § 1; 1947 c 33 § 1;
1937 c 188 § 15; Rem. Supp. 1947 § 6312-15; 1929 c 99 §
5; RRS § 6324.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2000 c 229: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 30, 2000]." [2000 c 229 § 9.]
Effective date—1996 c 184 §§ 1-6: "Sections 1 through 6 of this act
take effect January 1, 1997." [1996 c 184 § 8.]
Legislative intent—1989 c 192: "The legislature recognizes that there
are residents of this state who intentionally register motor vehicles in other
states to evade payment of taxes and fees required by the laws of this state.
This results in a substantial loss of revenue to the state. It is the intent of
the legislature to impose a stronger criminal penalty upon those residents
who defraud the state, thereby enhancing compliance with the registration
laws of this state and further enhancing enforcement and collection efforts.
In order to encourage voluntary compliance with the registration laws
of this state, administrative penalties associated with failing to register a
motor vehicle are waived until September 1, 1989. It is not the intent of the
legislature to waive traffic infraction or criminal traffic violations imposed
prior to July 23, 1989." [1989 c 192 § 1.]
Effective date—1989 c 192 § 2: "Section 2 of this act shall take
effect September 1, 1989." [1989 c 192 § 3.]
46.16.011 Allowing unauthorized person to drive—
Penalty. It is unlawful for any person in whose name a
vehicle is registered knowingly to permit another person to
drive the vehicle when the other person is not authorized to
do so under the laws of this state. A violation of this
section is a misdemeanor. [1987 c 388 § 10.]
Severability—1987 c 388: See note following RCW 46.20.342.
Allowing unauthorized child to drive: RCW 46.20.024.
46.16.012 Immunity from liability for licensing
nonroadworthy vehicle. The director, the state of Washington, and its political subdivisions shall be immune from civil
liability arising from the issuance of a vehicle license to a
nonroadworthy vehicle. [1986 c 186 § 5.]
46.16.015 Emission control inspections required—
Exceptions—Educational information. (1) Neither the
department of licensing nor its agents may issue or renew a
motor vehicle license for any vehicle or change the registered owner of a licensed vehicle, for any vehicle that is
required to be inspected under chapter 70.120 RCW, unless
the application for issuance or renewal is: (a) Accompanied
by a valid certificate of compliance or a valid certificate of
acceptance issued pursuant to chapter 70.120 RCW; or (b)
exempted from this requirement pursuant to subsection (2)
of this section. The certificates must have a date of validation which is within six months of the date of application for
the vehicle license or license renewal. Certificates for fleet
or owner tested diesel vehicles may have a date of validation
which is within twelve months of the assigned license
renewal date.
(2) Subsection (1) of this section does not apply to the
following vehicles:
(a) New motor vehicles whose equitable or legal title
has never been transferred to a person who in good faith
purchases the vehicle for purposes other than resale;
(2002 Ed.)
46.16.010
(b) Motor vehicles with a model year of 1967 or earlier;
(c) Motor vehicles that use propulsion units powered
exclusively by electricity;
(d) Motor vehicles fueled by propane, compressed
natural gas, or liquid petroleum gas, unless it is determined
that federal sanctions will be imposed as a result of this
exemption;
(e) Motorcycles as defined in RCW 46.04.330 and
motor-driven cycles as defined in RCW 46.04.332;
(f) Farm vehicles as defined in RCW 46.04.181;
(g) Used vehicles which are offered for sale by a motor
vehicle dealer licensed under chapter 46.70 RCW;
(h) Classes of motor vehicles exempted by the director
of the department of ecology;
(i) Collector cars as identified by the department of
licensing under RCW 46.16.305(1);
(j) Beginning January 1, 2000, vehicles that are less
than five years old or more than twenty-five years old; or
(k) Hybrid motor vehicles that obtain a rating by the
environmental protection agency of at least fifty miles per
gallon of gas during city driving. For purposes of this
section, a hybrid motor vehicle is one that uses propulsion
units powered by both electricity and gas.
The provisions of (a) of this subsection may not be
construed as exempting from the provisions of subsection (1)
of this section applications for the renewal of licenses for
motor vehicles that are or have been leased.
(3) The department of ecology shall provide information
to motor vehicle owners regarding the boundaries of emission contributing areas and restrictions established under this
section that apply to vehicles registered in such areas. In
addition the department of ecology shall provide information
to motor vehicle owners on the relationship between motor
vehicles and air pollution and steps motor vehicle owners
should take to reduce motor vehicle related air pollution.
The department of licensing shall send to all registered
motor vehicle owners affected by the emission testing
program notice that they must have an emission test to
renew their registration. [2002 c 24 § 1; 1998 c 342 § 6;
1991 c 199 § 209; 1990 c 42 § 318; 1989 c 240 § 1; 1985
c 7 § 111. Prior: 1983 c 238 § 1; 1983 c 237 § 3; 1980 c
176 § 1; 1979 ex.s. c 163 § 11.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1989 c 240: See RCW 70.120.902.
Severability—1983 c 238: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 238 § 3.]
Legislative finding—1983 c 237: See note following RCW
46.37.467.
Effective date—1979 ex.s. c 163 § 11: "Section 11 of this act shall
take effect on January 1, 1982. The director of the department of licensing
and the director of the department of ecology are authorized to take
immediately such steps as are necessary to ensure that section 11 of this act
is implemented on its effective date." [1979 ex.s. c 163 § 16.]
Severability—1979 ex.s. c 163: See note following RCW
70.120.010.
[Title 46 RCW—page 47]
46.16.016
Title 46 RCW: Motor Vehicles
46.16.016 Emission control inspections—Rules for
licensing requirements. The director of the department of
licensing shall adopt rules implementing and enforcing RCW
46.16.015, except for *RCW 46.16.015(2)(g) in accordance
with chapter 34.05 RCW. [1979 ex.s. c 163 § 15.]
*Reviser’s note: RCW 46.16.015 was amended by 1991 c 199 § 209,
changing subsection (2)(g) to subsection (2)(f).
Severability—1979 ex.s. c 163: See note following RCW
70.120.010.
46.16.020 Exemptions—State and publicly owned
vehicles—Registration. Any vehicle owned, rented, or
leased by the state of Washington, or by any county, city,
town, school district, or other political subdivision of the
state of Washington and used exclusively by them, and all
vehicles owned or leased with an option to purchase by the
United States government, or by the government of foreign
countries, or by international bodies to which the United
States government is a signatory by treaty, or owned or
leased by the governing body of an Indian tribe located
within this state and recognized as a governmental entity by
the United States department of the interior, and used
exclusively in its or their service shall be exempt from the
payment of license fees for the licensing thereof as in this
chapter provided: PROVIDED, HOWEVER, That such
vehicles, except those owned and used exclusively by the
United States government and which are identified by clearly
exhibited registration numbers or license plates assigned by
an instrumentality of that government, shall be registered as
prescribed for the license registration of other vehicles and
shall display the vehicle license number plates assigned to it.
The department shall assign a plate or plates to each vehicle
or may assign a block of plates to an agency or political
subdivision for further assignment by the agency or political
subdivision to individual vehicles registered to it pursuant to
this section. The agency, political subdivision, or Indian
tribe, except a foreign government or international body,
shall pay a fee of two dollars for the plate or plates for each
vehicle. An Indian tribe is not entitled to license and
register any tribal government service vehicle under this
section if that tribe itself licenses or registers any tribal
government service vehicles under tribal law. No vehicle
license or license number plates shall be issued to any such
vehicle under the provisions of this section for the transportation of school children unless and until such vehicle shall
have been first personally inspected by the director or the
director’s duly authorized representative. [1986 c 30 § 1;
1975 1st ex.s. c 169 § 5; 1973 1st ex.s. c 132 § 22; 1967 c
32 § 14; 1965 ex.s. c 106 § 1; 1961 c 12 § 46.16.020.
Prior: 1939 c 182 § 4; 1937 c 188 § 21; RRS § 6312-21;
1925 ex.s. c 47 § 1; 1921 c 96 § 17; 1919 c 46 § 2; 1917 c
155 § 12; 1915 c 142 § 17; RRS § 6329.]
Severability—1973 1st ex.s. c 132: See RCW 46.16.900, 46.70.920.
Marking of publicly owned vehicles: RCW 46.08.065 through 46.08.068.
Special license plates issued without fee
Congressional Medal of Honor recipients: RCW 46.16.305.
disabled veterans, prisoners of war: RCW 73.04.110.
surviving spouse of prisoner of war: RCW 73.04.115.
46.16.022 Exemptions—Vehicles owned by Indian
tribes—Conditions. (1) The provisions of this chapter
relating to licensing of vehicles by this state, including the
[Title 46 RCW—page 48]
display of vehicle license number plates and license registration certificates, do not apply to vehicles owned or leased by
the governing body of an Indian tribe located within this
state and recognized as a governmental entity by the United
States department of the interior, only when:
(a) The vehicle is used exclusively in tribal government
service; and
(b) The vehicle has been licensed and registered under
a law adopted by such tribal government; and
(c) Vehicle license number plates issued by the tribe
showing the initial or abbreviation of the name of the tribe
are displayed on the vehicle substantially as provided
therefor in this state; and
(d) The tribe has not elected to receive any Washington
state license plates for tribal government service vehicles
pursuant to RCW 46.16.020; and
(e) If required by the department, the tribe provides the
department with vehicle description and ownership information similar to that required for vehicles registered in this
state, which may include the model year, make, model
series, body type, type of power (gasoline, diesel, or other),
VIN, and the license plate number assigned to each government service vehicle licensed by that tribe.
(2) The provisions of this section are operative as to a
vehicle owned or leased by an Indian tribe located within
this state and used exclusively in tribal government service
only to the extent that under the laws of the tribe like
exemptions and privileges are granted to all vehicles duly licensed under the laws of this state for operation of such
vehicles on all tribal roads within the tribe’s reservation. If
under the laws of the tribe, persons operating vehicles
licensed by this state are required to pay a license or registration fee or to carry or display vehicle license number
plates or a registration certificate issued by the tribe, the
tribal government shall comply with the provisions of this
state’s laws relating to the licensing and registration of vehicles operating on the highways of this state. [1986 c 30 §
2.]
46.16.023 Ride-sharing vehicles—Special plates—
Gross misdemeanor. (1) Every owner or lessee of a
vehicle seeking to apply for an excise tax exemption under
RCW 82.08.0287, 82.12.0282, or 82.44.015 shall apply to
the director for, and upon satisfactory showing of eligibility,
receive in lieu of the regular motor vehicle license plates for
that vehicle, special plates of a distinguishing separate
numerical series or design, as the director shall prescribe. In
addition to paying all other initial fees required by law, each
applicant for the special license plates shall pay an additional
license fee of twenty-five dollars upon the issuance of such
plates. The special fee shall be deposited in the motor
vehicle fund. Application for renewal of the license plates
shall be as prescribed for the renewal of other vehicle
licenses. No renewal is required for vehicles exempted
under RCW 46.16.020.
(2) Whenever the ownership of a vehicle receiving
special plates under subsection (1) of this section is transferred or assigned, the plates shall be removed from the
motor vehicle, and if another vehicle qualifying for special
plates is acquired, the plates shall be transferred to that vehicle for a fee of five dollars, and the director shall be
(2002 Ed.)
Vehicle Licenses
immediately notified of the transfer of the plates. Otherwise
the removed plates shall be immediately forwarded to the
director to be canceled. Whenever the owner or lessee of a
vehicle receiving special plates under subsection (1) of this
section is for any reason relieved of the tax-exempt status,
the special plates shall immediately be forwarded to the
director along with an application for replacement plates and
the required fee. Upon receipt the director shall issue the
license plates that are otherwise provided by law.
(3) Any person who knowingly makes any false statement of a material fact in the application for a special plate
under subsection (1) of this section is guilty of a gross
misdemeanor. [1993 c 488 § 5; 1987 c 175 § 2.]
Finding—Annual recertification rule—Report—1993 c 488: See
notes following RCW 82.08.0287.
Effective date—1987 c 175 § 2: "Section 2 of this act shall take
effect on January 1, 1988." [1987 c 175 § 4.]
46.16.025 Identification device for exempt farm
vehicles—Application for—Contents—Fee. Before any
"farm vehicle", as defined in RCW 46.04.181, shall operate
on or move along a public highway, there shall be displayed
upon it in a conspicuous manner a decal or other device, as
may be prescribed by the director of licensing and issued by
the department of licensing, which shall describe in some
manner the vehicle and identify it as a vehicle exempt from
the licensing requirements of this chapter. Application for
such identifying devices shall be made to the department on
a form furnished for that purpose by the director. Such
application shall be made by the owner or lessee of the
vehicle, or his duly authorized agent over the signature of
such owner or agent, and he shall certify that the statements
therein are true to the best of his knowledge. The application must show:
(1) The name and address of the owner of the vehicle;
(2) The trade name of the vehicle, model, year, type of
body, the motor number or the identification number thereof
if such vehicle be a motor vehicle, or the serial number
thereof if such vehicle be a trailer;
(3) The purpose for which said vehicle is to be principally used;
(4) Such other information as shall be required upon
such application by the director; and
(5) Place where farm vehicle is principally used or
garaged.
A fee of five dollars shall be charged for and submitted
with such application for an identification decal as in this
section provided as to each farm vehicle which fee shall be
deposited in the motor vehicle fund and distributed proportionately as otherwise provided for vehicle license fees
under RCW 46.68.030. Only one application need be made
as to each such vehicle, and the status as an exempt vehicle
shall continue until suspended or revoked for misuse, or
when such vehicle no longer is used as a farm vehicle.
[1979 c 158 § 139; 1967 c 202 § 3.]
46.16.028 "Resident" defined—Vehicle registration
required. (1) For the purposes of vehicle license registration, a resident is a person who manifests an intent to live or
be located in this state on more than a temporary or transient
basis. Evidence of residency includes but is not limited to:
(2002 Ed.)
46.16.023
(a) Becoming a registered voter in this state; or
(b) Receiving benefits under one of the Washington
public assistance programs; or
(c) Declaring that he or she is a resident for the purpose
of obtaining a state license or tuition fees at resident rates.
(2) The term "Washington public assistance programs"
referred to in subsection (1)(b) of this section includes only
public assistance programs for which more than fifty percent
of the combined costs of benefits and administration are paid
from state funds. Programs which are not included within
the term "Washington public assistance programs" pursuant
to the above criteria include, but are not limited to the food
stamp program under the federal food stamp act of 1964;
programs under the child nutrition act of 1966, 42 U.S.C.
Secs. 1771 through 1788; and temporary assistance for needy
families.
(3) A resident of the state shall register under chapters
46.12 and 46.16 RCW a vehicle to be operated on the
highways of the state. New Washington residents shall be
allowed thirty days from the date they become residents as
defined in this section to procure Washington registration for
their vehicles. This thirty-day period shall not be combined
with any other period of reciprocity provided for in this
chapter or chapter 46.85 RCW. [1997 c 59 § 7; 1987 c 142
§ 1; 1986 c 186 § 2; 1985 c 353 § 1.]
Effective date—1985 c 353: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect
immediately, except for section 1 of this act, which shall take effect
September 1, 1985." [1985 c 353 § 6.]
46.16.029 Purchasing vehicle with foreign plates.
It is unlawful to purchase a vehicle bearing foreign license
plates without removing and destroying the plates unless (1)
the out-of-state vehicle is sold to a Washington resident by
a resident of a jurisdiction where the license plates follow
the owner or (2) the out-of-state plates may be returned to
the jurisdiction of issuance by the owner for refund purposes
or (3) for such other reasons as the department may deem
appropriate by rule. [1987 c 142 § 2.]
46.16.030 Nonresident exemption—Reciprocity.
Except as is herein provided for foreign businesses, the
provisions relative to the licensing of vehicles and display of
vehicle license number plates and license registration
certificates shall not apply to any vehicles owned by nonresidents of this state if the owner thereof has complied with the
law requiring the licensing of vehicles in the names of the
owners thereof in force in the state, foreign country, territory
or federal district of his or her residence; and the vehicle
license number plate showing the initial or abbreviation of
the name of such state, foreign country, territory or federal
district, is displayed on such vehicle substantially as is
provided therefor in this state. The provisions of this section
shall be operative as to a vehicle owned by a nonresident of
this state only to the extent that under the laws of the state,
foreign country, territory or federal district of his or her
residence, like exemptions and privileges are granted to
vehicles duly licensed under the laws of and owned by
residents of this state. If under the laws of such state,
foreign country, territory or federal district, vehicles owned
by residents of this state, operating upon the highways of
[Title 46 RCW—page 49]
46.16.030
Title 46 RCW: Motor Vehicles
such state, foreign country, territory or federal district, are
required to pay the license fee and carry the vehicle license
number plates of such state, foreign country, territory or
federal district, the vehicles owned by residents of such state,
foreign country, territory or federal district, and operating
upon the highways of this state, shall comply with the
provisions of this state relating to the licensing of vehicles.
Foreign businesses owning, maintaining, or operating places
of business in this state and using vehicles in connection
with such places of business, shall comply with the provisions relating to the licensing of vehicles insofar as vehicles
used in connection with such places of business are concerned. Under provisions of the international registration
plan, the nonmotor vehicles of member and nonmember
jurisdictions which are properly based and licensed in such
jurisdictions are granted reciprocity in this state as provided
in RCW 46.87.070(2). The director is empowered to make
and enforce rules and regulations for the licensing of
nonresident vehicles upon a reciprocal basis and with respect
to any character or class of operation. [1991 c 163 § 2;
1990 c 42 § 110; 1967 c 32 § 15; 1961 c 12 § 46.16.030.
Prior: 1937 c 188 § 23; RRS § 6312-23; 1931 c 120 § 1;
1929 c 99 § 4; 1921 c 96 § 11; 1919 c 59 § 6; 1917 c 155
§ 7; 1915 c 142 § 11; RRS § 6322.]
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
46.16.035 Exemptions—Private school buses. Any
bus or vehicle owned and operated by a private school or
schools meeting the requirements of RCW 28A.195.010 and
used by that school or schools primarily to transport children
to and from school or to transport children in connection
with school activities shall be exempt from the payment of
license fees for the licensing thereof as in this chapter
provided. A license issued by the department for such bus
or vehicle shall be considered an exempt license under RCW
82.44.010. [1990 c 33 § 584; 1980 c 88 § 1.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
46.16.040 Form of application—Contents. Application for original vehicle license shall be made on [a] form
furnished for the purpose by the department. Such application shall be made by the owner of the vehicle or duly
authorized agent over the signature of such owner or agent,
and the applicant shall certify that the statements therein are
true to the best of the applicant’s knowledge. The application must show:
(1) Name and address of the owner of the vehicle and,
if the vehicle is subject to a security agreement, the name
and address of the secured party;
(2) Trade name of the vehicle, model, year, type of
body, the identification number thereof;
(3) The power to be used—whether electric, steam, gas
or other power;
(4) The purpose for which said vehicle is to be used and
the nature of the license required;
(5) The licensed gross weight for such vehicle which in
the case of for hire vehicles and auto stages with seating
capacity of more than six shall be the adult seating capacity
thereof, including the operator, as provided for in RCW
[Title 46 RCW—page 50]
46.16.111. In the case of motor trucks, tractors, and truck
tractors, the licensed gross weight shall be the gross weight
declared by the applicant pursuant to the provisions of RCW
46.16.111;
(6) The unladen weight of such vehicle, if it be a motor
truck or trailer, which shall be the shipping weight thereof
as given by the manufacturer thereof unless another weight
is shown by weight slip verified by a certified weighmaster,
which slip shall be attached to the original application;
(7) Such other information as shall be required upon
such application by the department. [1987 c 244 § 2; 1975
c 25 § 15; 1969 ex.s. c 170 § 2. Prior: 1967 ex.s. c 83 §
59; 1967 c 32 § 16; 1961 c 12 § 46.16.040; prior: 1947 c
164 § 8; 1937 c 188 § 29; Rem. Supp. 1947 § 6312-29;
1921 c 96 § 5; 1919 c 178 § 1; 1919 c 59 § 4; 1915 c 142
§ 5; RRS § 6316.]
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
46.16.045 Temporary permits—Authority—Fees.
(1) The department in its discretion may grant a temporary
permit to operate a vehicle for which application for registration has been made, where such application is accompanied
by the proper fee pending action upon said application by
the department.
(2) The department may authorize vehicle dealers
properly licensed pursuant to chapter 46.70 RCW to issue
temporary permits to operate vehicles under such rules and
regulations as the department deems appropriate.
(3) The fee for each temporary permit application
distributed to an authorized vehicle dealer shall be five
dollars, which shall be credited to the payment of registration
fees at the time application for registration is made.
(4) The payment of the registration fees to an authorized
dealer is considered payment to the state of Washington.
[1990 c 198 § 1; 1973 1st ex.s. c 132 § 23; 1961 c 12 §
46.16.045. Prior: 1959 c 66 § 1.]
Severability—1973 1st ex.s. c 132: See RCW 46.16.900, 46.70.920.
46.16.047 Temporary permits—Form and contents—Duration—Fees. Forms for such temporary permits
shall be prescribed and furnished by the department.
Temporary permits shall bear consecutive numbers, shall
show the name and address of the applicant, trade name of
the vehicle, model, year, type of body, identification number
and date of application, and shall be such as may be affixed
to the vehicle at the time of issuance, and remain on such
vehicle only during the period of such registration and until
the receipt of permanent license plates. The application shall
be registered in the office of the person issuing the permit
and shall be forwarded by him to the department each day
together with the fee accompanying it.
A fee of fifty cents shall be charged by the person
authorized to issue such permit which shall be accounted for
in the same manner as the other fees collected by such
officers, provided that such fees collected by county auditors
or their agents shall be paid to the county treasurer in the
same manner as other fees collected by the county auditor
and credited to the county current expense fund. [1961 c 12
§ 46.16.047. Prior: 1959 c 66 § 2.]
(2002 Ed.)
Vehicle Licenses
46.16.048 Temporary letter of authority for movement of unlicensed vehicle for special community event.
The department in its discretion may issue a temporary letter
of authority authorizing the movement of an unlicensed
vehicle or the temporary usage of a special plate for the
purpose of promoting or participating in an event such as a
parade, pageant, fair, convention, or other special community
activity. The letter of authority may not be issued to or used
by anyone for personal gain, but public identification of the
sponsor or owner of the donated vehicle shall not be
considered to be personal gain. [1977 c 25 § 2.]
46.16.0621 License fee. (1) License tab fees shall be
thirty dollars per year for all vehicles.
(2) For the purposes of this section, "license tab fees"
are defined as the general fees paid annually for licensing
motor vehicles and trailers as defined in RCW 46.04.620 and
46.04.623. Trailers licensed under RCW 46.16.068 or
46.16.085 and campers licensed under RCW 46.16.505 are
not required to pay license tab fees under this section. [2002
c 352 § 7; 2000 1st sp.s. c 1 § 1.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—2000 1st sp.s. c 1: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [March 31, 2000]." [2000 1st sp.s. c 1 § 3.]
Retroactive application—2000 1st sp.s. c 1: "This act applies
retroactively to January 1, 2000." [2000 1st sp.s. c 1 § 4.]
46.16.063 Additional fee for recreational vehicles.
In addition to other fees for the licensing of vehicles there
shall be paid and collected annually for each camper, travel
trailer, and motor home as the same are defined in RCW
82.50.010 a fee of three dollars to be deposited in the RV
account of the motor vehicle fund. Under RCW 43.135.055,
the department of transportation may increase RV account
fees by a percentage that exceeds the fiscal growth factor.
After consultation with citizen representatives of the recreational vehicle user community, the department of transportation may implement RV account fee adjustments no more
than once every four years. RV account fee adjustments
must be preceded by evaluation of the following factors:
Maintenance of a self-supporting program, levels of service
at existing RV sanitary disposal facilities, identified needs
for improved RV service at safety rest areas statewide,
sewage treatment costs, and inflation. If the department
chooses to adjust the RV account fee, it shall notify the
department of licensing six months before implementation of
the fee increase. Adjustments in the RV account fee must
be in increments of no more than fifty cents per biennium.
[1996 c 237 § 1; 1980 c 60 § 2.]
Effective date—1996 c 237 § 1: "Section 1 of this act takes effect
with motor vehicle fees due or to become due September 1, 1996." [1996
c 237 § 4.]
Effective date—1980 c 60: See note following RCW 47.38.050.
46.16.068 Trailing units—Permanent plates.
Trailing units which are subject to *RCW 82.44.020(4) shall,
upon application, be issued a permanent license plate that is
valid until the vehicle is sold, permanently removed from the
state, or otherwise disposed of by the registered owner. The
fee for this license plate is thirty-six dollars. Upon the sale,
(2002 Ed.)
46.16.048
permanent removal from the state, or other disposition of a
trailing unit bearing a permanent license plate the registered
owner is required to return the license plate and registration
certificate to the department. Violations of this section or
misuse of a permanent license plate may subject the registered owner to prosecution or denial, or both, of future
permanent registration of any trailing units. This section
does not apply to any trailing units subject to the annual
excise taxes prescribed in *RCW 82.44.020. The department
is authorized to adopt rules to implement this section for
leased vehicles and other applications as necessary. [1998
c 321 § 32 (Referendum Bill No. 49, approved November 3,
1998); 1993 c 123 § 4.]
*Reviser’s note: RCW 82.44.020 was repealed by 2000 1st sp.s. c
1 § 2.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note
following RCW 35.58.410.
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note
following RCW 46.16.070.
46.16.070 License fee on trucks, buses, and for hire
vehicles based on gross weight. (Effective unless Referendum Bill No. 51 is approved at the November 2002 general
election.) (1) In lieu of all other vehicle licensing fees,
unless specifically exempt, and in addition to the excise tax
prescribed in chapter 82.44 RCW and the mileage fees
prescribed for buses and stages in RCW 46.16.125, there
shall be paid and collected annually for each truck, motor
truck, truck tractor, road tractor, tractor, bus, auto stage, or
for hire vehicle with seating capacity of more than six, based
upon the declared combined gross weight or declared gross
weight thereof pursuant to the provisions of chapter 46.44
RCW, the following licensing fees by such gross weight:
DECLARED GROSS WEIGHT
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
20,000
22,000
24,000
26,000
28,000
30,000
32,000
34,000
36,000
38,000
40,000
42,000
44,000
46,000
48,000
50,000
52,000
54,000
56,000
58,000
60,000
62,000
64,000
66,000
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
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lbs.
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lbs.
lbs.
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SCHEDULE A
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$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
37.00
44.00
55.00
62.00
72.00
82.00
92.00
137.00
152.00
164.00
177.00
187.00
220.00
253.00
304.00
323.00
350.00
384.00
439.00
456.00
466.00
501.00
522.00
566.00
595.00
642.00
677.00
704.00
750.00
804.00
822.00
915.00
SCHEDULE B
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$
37.00
$
44.00
$
55.00
$
62.00
$
72.00
$
82.00
$
92.00
$ 137.00
$ 152.00
$ 164.00
$ 177.00
$ 187.00
$ 220.00
$ 253.00
$ 304.00
$ 323.00
$ 350.00
$ 384.00
$ 439.00
$ 546.00
$ 556.00
$ 591.00
$ 612.00
$ 656.00
$ 685.00
$ 732.00
$ 767.00
$ 794.00
$ 840.00
$ 894.00
$ 912.00
$ 1,005.00
[Title 46 RCW—page 51]
46.16.070
68,000
70,000
72,000
74,000
76,000
78,000
80,000
82,000
84,000
86,000
88,000
90,000
92,000
94,000
96,000
98,000
100,000
102,000
104,000
105,500
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
Title 46 RCW: Motor Vehicles
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$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
954.00
1,027.00
1,098.00
1,193.00
1,289.00
1,407.00
1,518.00
1,623.00
1,728.00
1,833.00
1,938.00
2,043.00
2,148.00
2,253.00
2,358.00
2,463.00
2,568.00
2,673.00
2,778.00
2,883.00
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$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
1,044.00
1,117.00
1,188.00
1,283.00
1,379.00
1,497.00
1,608.00
1,713.00
1,818.00
1,923.00
2,028.00
2,133.00
2,238.00
2,343.00
2,448.00
2,553.00
2,658.00
2,763.00
2,868.00
2,973.00
Schedule A applies to vehicles either used exclusively
for hauling logs or that do not tow trailers. Schedule B
applies to vehicles that tow trailers and are not covered
under Schedule A.
Every truck, motor truck, truck tractor, and tractor
exceeding 6,000 pounds empty scale weight registered under
chapter 46.16, 46.87, or 46.88 RCW shall be licensed for not
less than one hundred fifty percent of its empty weight
unless the amount would be in excess of the legal limits prescribed for such a vehicle in RCW 46.44.041 or 46.44.042,
in which event the vehicle shall be licensed for the maximum weight authorized for such a vehicle or unless the
vehicle is used only for the purpose of transporting any well
drilling machine, air compressor, rock crusher, conveyor,
hoist, donkey engine, cook house, tool house, bunk house, or
similar machine or structure attached to or made a part of
such vehicle.
The following provisions apply when increasing gross
or combined gross weight for a vehicle licensed under this
section:
(a) The new license fee will be one-twelfth of the fee
listed above for the new gross weight, multiplied by the
number of months remaining in the period for which
licensing fees have been paid, including the month in which
the new gross weight is effective.
(b) Upon surrender of the current certificate of registration or cab card, the new licensing fees due shall be reduced
by the amount of the licensing fees previously paid for the
same period for which new fees are being charged.
(2) The proceeds from the fees collected under subsection (1) of this section shall be distributed in accordance
with RCW 46.68.035. [1994 c 262 § 8; 1993 sp.s. c 23 §
60. Prior: 1993 c 123 § 5; 1993 c 102 § 1; 1990 c 42 §
105; 1989 c 156 § 1; prior: 1987 1st ex.s. c 9 § 4; 1987 c
244 § 3; 1986 c 18 § 4; 1985 c 380 § 15; 1975-’76 2nd ex.s.
c 64 § 1; 1969 ex.s. c 281 § 54; 1967 ex.s. c 118 § 1; 1967
ex.s. c 83 § 56; 1961 ex.s. c 7 § 11; 1961 c 12 § 46.16.070;
prior: 1957 c 273 § 1; 1955 c 363 § 2; prior: 1951 c 269
§ 9; 1950 ex.s. c 15 § 1, part; 1939 c 182 § 3, part; 1937 c
188 § 17, part; 1931 c 140 § 1, part; 1921 c 96 § 15, part;
1919 c 46 § 1, part; 1917 c 155 § 10, part; 1915 c 142 § 15,
part; Rem. Supp. 1949 § 6312-17, part; RRS § 6326, part.]
Effective date—1994 c 262 §§ 8, 28: "Sections 8 and 28 of this act
take effect July 1, 1994." [1994 c 262 § 29.]
[Title 46 RCW—page 52]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: "Chapter
102, Laws of 1993 and chapter 123, Laws of 1993 each take effect January
1, 1994." [1993 sp.s. c 23 § 66.]
Effective dates—1993 sp.s. c 23: See note following RCW
43.89.010.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Application—1989 c 156: "This act first applies to the renewal of
vehicle registrations that have a December 1990 or later expiration date and
all initial vehicle registrations that are effective on or after January 1, 1990."
[1989 c 156 § 5.]
Severability—Effective date—1987 1st ex.s. c 9: See notes
following RCW 46.29.050.
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
Effective dates—1975-’76 2nd ex.s. c 64: "Sections 1, 2, and 5
through 24 of this 1976 amendatory act shall take effect on July 1, 1976,
and sections 3 and 4 of this 1976 amendatory act shall take effect on
January 1, 1977. All current and outstanding valid licenses and permits
held by licensees on July 1, 1976, shall remain valid until their expiration
dates, but renewals and original applications made after July 1, 1976, shall
be governed by the law in effect at the time such renewal or application is
made." [1975-’76 2nd ex.s. c 64 § 25.]
Severability—1975-’76 2nd ex.s. c 64: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-’76 2nd ex.s. c 64 § 26.]
Effective date—1969 ex.s. c 281: See note following RCW
46.88.010.
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
46.16.070 License fee on trucks, buses, and for hire
vehicles based on gross weight. (Effective December 30,
2002, if Referendum Bill No. 51 is approved at the November 2002 general election.) (1) In lieu of all other vehicle
licensing fees, unless specifically exempt, and in addition to
the mileage fees prescribed for buses and stages in RCW
46.16.125, there shall be paid and collected annually for each
truck, motor truck, truck tractor, road tractor, tractor, bus,
auto stage, or for hire vehicle with seating capacity of more
than six, based upon the declared combined gross weight or
declared gross weight under chapter 46.44 RCW, the following licensing fees by such gross weight:
DECLARED GROSS WEIGHT
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
20,000
22,000
24,000
26,000
28,000
30,000
32,000
34,000
36,000
38,000
40,000
42,000
44,000
46,000
48,000
50,000
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
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SCHEDULE A
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$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
37.00
44.00
55.00
62.00
72.00
82.00
92.00
137.00
152.00
164.00
177.00
187.00
220.00
253.00
304.00
323.00
350.00
384.00
439.00
456.00
466.00
501.00
522.00
566.00
SCHEDULE B
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$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
37.00
44.00
55.00
62.00
72.00
82.00
92.00
137.00
152.00
164.00
177.00
187.00
220.00
253.00
304.00
323.00
350.00
384.00
439.00
546.00
556.00
591.00
612.00
656.00
(2002 Ed.)
Vehicle Licenses
52,000
54,000
56,000
58,000
60,000
62,000
64,000
66,000
68,000
70,000
72,000
74,000
76,000
78,000
80,000
82,000
84,000
86,000
88,000
90,000
92,000
94,000
96,000
98,000
100,000
102,000
104,000
105,500
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
lbs.
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$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
595.00
642.00
677.00
704.00
750.00
804.00
822.00
915.00
954.00
1,027.00
1,098.00
1,193.00
1,289.00
1,407.00
1,518.00
1,623.00
1,728.00
1,833.00
1,938.00
2,043.00
2,148.00
2,253.00
2,358.00
2,463.00
2,568.00
2,673.00
2,778.00
2,883.00
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$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
685.00
732.00
767.00
794.00
840.00
894.00
912.00
1,005.00
1,044.00
1,117.00
1,188.00
1,283.00
1,379.00
1,497.00
1,608.00
1,713.00
1,818.00
1,923.00
2,028.00
2,133.00
2,238.00
2,343.00
2,448.00
2,553.00
2,658.00
2,763.00
2,868.00
2,973.00
Schedule A applies to vehicles either used exclusively
for hauling logs or that do not tow trailers. Schedule B
applies to vehicles that tow trailers and are not covered
under Schedule A.
(2) Every truck, motor truck, truck tractor, and tractor
exceeding 6,000 pounds empty scale weight registered under
chapter 46.16, 46.87, or 46.88 RCW shall be licensed for not
less than one hundred fifty percent of its empty weight
unless the amount would be in excess of the legal limits prescribed for such a vehicle in RCW 46.44.041 or 46.44.042,
in which event the vehicle shall be licensed for the maximum weight authorized for such a vehicle or unless the
vehicle is used only for the purpose of transporting any well
drilling machine, air compressor, rock crusher, conveyor,
hoist, donkey engine, cook house, tool house, bunk house, or
similar machine or structure attached to or made a part of
such vehicle.
(3)(a) Beginning with all motor vehicle registrations that
are due or become due on January 1, 2003, there will be
paid and collected annually a fifteen percent surcharge on
the gross weight portion of the combined licensing fees in
effect January 1, 2002, for vehicles with a licensed gross
weight over ten thousand pounds.
(b) Beginning with all motor vehicle registrations that
are due or become due on January 1, 2004, and thereafter,
there will be paid and collected annually a thirty percent
surcharge on the gross weight portion of the combined
licensing fees in effect January 1, 2002, for vehicles with a
licensed gross weight over ten thousand pounds.
(4) The following provisions apply when increasing
gross or combined gross weight for a vehicle licensed under
this section:
(a) The new license fee will be one-twelfth of the fee
listed above for the new gross weight, multiplied by the
number of months remaining in the period for which
licensing fees have been paid, including the month in which
the new gross weight is effective.
(2002 Ed.)
46.16.070
(b) Upon surrender of the current certificate of registration or cab card, the new licensing fees due shall be reduced
by the amount of the licensing fees previously paid for the
same period for which new fees are being charged.
(5) The proceeds from the fees collected under this
section shall be distributed in accordance with RCW
46.68.035. [2002 c 202 § 202; 1994 c 262 § 8; 1993 sp.s.
c 23 § 60. Prior: 1993 c 123 § 5; 1993 c 102 § 1; 1990 c
42 § 105; 1989 c 156 § 1; prior: 1987 1st ex.s. c 9 § 4;
1987 c 244 § 3; 1986 c 18 § 4; 1985 c 380 § 15; 1975-’76
2nd ex.s. c 64 § 1; 1969 ex.s. c 281 § 54; 1967 ex.s. c 118
§ 1; 1967 ex.s. c 83 § 56; 1961 ex.s. c 7 § 11; 1961 c 12 §
46.16.070; prior: 1957 c 273 § 1; 1955 c 363 § 2; prior:
1951 c 269 § 9; 1950 ex.s. c 15 § 1, part; 1939 c 182 § 3,
part; 1937 c 188 § 17, part; 1931 c 140 § 1, part; 1921 c 96
§ 15, part; 1919 c 46 § 1, part; 1917 c 155 § 10, part; 1915
c 142 § 15, part; Rem. Supp. 1949 § 6312-17, part; RRS §
6326, part.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Effective date—1994 c 262 §§ 8, 28: "Sections 8 and 28 of this act
take effect July 1, 1994." [1994 c 262 § 29.]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: "Chapter
102, Laws of 1993 and chapter 123, Laws of 1993 each take effect January
1, 1994." [1993 sp.s. c 23 § 66.]
Effective dates—1993 sp.s. c 23: See note following RCW
43.89.010.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Application—1989 c 156: "This act first applies to the renewal of
vehicle registrations that have a December 1990 or later expiration date and
all initial vehicle registrations that are effective on or after January 1, 1990."
[1989 c 156 § 5.]
Severability—Effective date—1987 1st ex.s. c 9: See notes
following RCW 46.29.050.
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
Effective dates—1975-’76 2nd ex.s. c 64: "Sections 1, 2, and 5
through 24 of this 1976 amendatory act shall take effect on July 1, 1976,
and sections 3 and 4 of this 1976 amendatory act shall take effect on
January 1, 1977. All current and outstanding valid licenses and permits
held by licensees on July 1, 1976, shall remain valid until their expiration
dates, but renewals and original applications made after July 1, 1976, shall
be governed by the law in effect at the time such renewal or application is
made." [1975-’76 2nd ex.s. c 64 § 25.]
Severability—1975-’76 2nd ex.s. c 64: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-’76 2nd ex.s. c 64 § 26.]
Effective date—1969 ex.s. c 281: See note following RCW
46.88.010.
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
46.16.071 Additional fees. (1) In addition to the fees
set forth in RCW 46.16.070, there shall be paid and collected
annually upon registration, a fee of one dollar for each truck,
motor truck, truck tractor, road tractor, tractor, bus, auto
stage, or for hire vehicle with seating capacity of more than
six, notwithstanding the provisions of RCW 46.16.070.
[Title 46 RCW—page 53]
46.16.071
Title 46 RCW: Motor Vehicles
(2) In addition to the fees set forth in RCW 46.16.085,
there shall be paid and collected annually upon registration,
a fee of one dollar for each trailer, semitrailer, and pole
trailer, notwithstanding the provisions of RCW 46.16.085.
(3) The proceeds from the fees collected under subsections (1) and (2) of this section shall be deposited into the
highway safety fund, except that for each vehicle registered
by a county auditor or agent to a county auditor under RCW
46.01.140, the proceeds shall be credited to the current
county expense fund. [1996 c 315 § 4.]
Effective dates—1996 c 315 §§ 1, 4, 5: See note following RCW
46.01.140.
46.16.073 Federal heavy vehicle use tax. The
department may refuse registration of a vehicle if the
applicant has failed to furnish proof, acceptable to the
department, that the federal heavy vehicle use tax imposed
by section 4481 of the internal revenue code of 1954 has
been paid.
The department may adopt rules as deemed necessary to
administer this section. [1985 c 79 § 1.]
46.16.079 Fixed load motor vehicle equipped for
lifting or towing—Capacity fee in addition to and in lieu.
The licensee of any fixed load motor vehicle equipped for
lifting or towing any disabled, impounded, or abandoned
vehicle or part thereof, may pay a capacity fee of twentyfive dollars in addition to all other fees required for the
annual licensing of motor vehicles in lieu of the licensing
fees provided in RCW 46.16.070. [1986 c 18 § 5; 1975 c
25 § 16; 1963 c 18 § 1.]
Effective date—1986 c 18: See RCW 46.87.901.
46.16.085 Commercial trailers, pole trailers—Fee in
lieu. In lieu of all other licensing fees, an annual license fee
of thirty-six dollars shall be collected in addition to the
excise tax prescribed in chapter 82.44 RCW for: (1) Each
trailer and semitrailer not subject to the license fee under
*RCW 46.16.065 or the capacity fees under **RCW
46.16.080; (2) every pole trailer. The proceeds from this fee
shall be distributed in accordance with RCW 46.68.035.
This section does not pertain to travel trailers or personal use
trailers that are not used for commercial purposes or owned
by commercial enterprises. [1991 c 163 § 3; 1989 c 156 §
2; 1987 c 244 § 4; 1986 c 18 § 8; 1985 c 380 § 16.]
Reviser’s note: *(1) RCW 46.16.065 was repealed by 2002 c 352 §
28.
**(2) RCW 46.16.080 was repealed by 1994 c 262 § 28, effective July
1, 1994.
Application—1989 c 156: See note following RCW 46.16.070.
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
46.16.088 Transfer of license plates—Penalty.
Except as provided in RCW 46.16.290, the transfer of
license plates issued pursuant to this chapter between two or
more vehicles is a traffic infraction subject to a fine not to
exceed five hundred dollars. Any law enforcement agency
that determines that a license plate has been transferred
between two or more vehicles shall confiscate the license
plates and return them to the department for nullification
[Title 46 RCW—page 54]
along with full details of the reasons for confiscation. Each
vehicle identified in the transfer will be issued a new license
plate upon application by the owner or owners thereof and
payment of the full fees and taxes. [1986 c 18 § 9; 1985 c
380 § 17.]
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
46.16.090 Gross weight fees on farm vehicles—
Penalty. Motor trucks, truck tractors, and tractors may be
specially licensed based on the declared gross weight thereof
for the various amounts set forth in the schedule provided in
RCW 46.16.070 less twenty-three dollars; divide the difference by two and add twenty-three dollars, when such
vehicles are owned and operated by farmers, but only if the
following condition or conditions exist:
(1) When such vehicles are to be used for the transportation of the farmer’s own farm, orchard, or dairy products,
or the farmer’s own private sector cultured aquatic products
as defined in RCW 15.85.020, from point of production to
market or warehouse, and of supplies to be used on the
farmer’s farm. Fish other than those that are such private
sector cultured aquatic products and forestry products are not
considered as farm products; and/or
(2) When such vehicles are to be used for the infrequent
or seasonal transportation by one farmer for another farmer
in the farmer’s neighborhood of products of the farm,
orchard, dairy, or aquatic farm owned by the other farmer
from point of production to market or warehouse, or supplies
to be used on the other farm, but only if transportation for
another farmer is for compensation other than money.
Farmers shall be permitted an allowance of an additional
eight thousand pounds, within the legal limits, on such
vehicles, when used in the transportation of the farmer’s own
farm machinery between the farmer’s own farm or farms and
for a distance of not more than thirty-five miles from the
farmer’s farm or farms.
The department shall prepare a special form of application to be used by farmers applying for licenses under this
section, which form shall contain a statement to the effect
that the vehicle concerned will be used subject to the
limitations of this section. The department shall prepare
special insignia which shall be placed upon all such vehicles
to indicate that the vehicle is specially licensed, or may, in
its discretion, substitute a special license plate for such
vehicle for such designation.
Operation of such a specially licensed vehicle in
transportation upon public highways in violation of the
limitations of this section is a traffic infraction. [1989 c 156
§ 3; 1986 c 18 § 10. Prior: 1985 c 457 § 16; 1985 c 380
§ 18; 1979 ex.s. c 136 § 45; 1977 c 25 § 1; 1969 ex.s. c 169
§ 1; 1961 c 12 § 46.16.090; prior: 1957 c 273 § 13; 1955
c 363 § 6; prior: 1953 c 227 § 1; 1951 c 269 § 12; 1950
ex.s. c 15 § 1, part; 1949 c 220 § 10, part; 1947 c 200 § 15,
part; 1941 c 224 § 1, part; 1939 c 182 § 3, part; 1937 c 188
§ 17, part; Rem. Supp. 1949 § 6312-17, part; 1931 c 140 §
1, part; 1921 c 96 § 15, part; 1919 c 46 § 1, part; 1917 c
155 § 10, part; 1915 c 142 § 15, part; RRS § 6326, part.]
Application—1989 c 156: See note following RCW 46.16.070.
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
(2002 Ed.)
Vehicle Licenses
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Unprocessed agricultural products, license for transport: RCW 20.01.120.
46.16.111 Gross weight, how computed. The gross
weight in the case of any motor truck, tractor, or truck
tractor shall be the scale weight of the motor truck, tractor,
or truck tractor, plus the scale weight of any trailer, semitrailer, converter gear, or pole trailer to be towed thereby, to
which shall be added the weight of the maximum load to be
carried thereon or towed thereby as set by the licensee in the
application if it does not exceed the weight limitations prescribed by chapter 46.44 RCW. If the sum of the scale
weight and maximum load of the trailer is not greater than
four thousand pounds, that sum shall not be computed as
part of the gross weight of any motor truck, tractor, or truck
tractor. Where the trailer is a utility trailer, travel trailer,
horse trailer, or boat trailer, for the personal use of the
owner of the truck, tractor, or truck tractor, and not for sale
or commercial purposes, the gross weight of such trailer and
its load shall not be computed as part of the gross weight of
any motor truck, tractor, or truck tractor. The weight of any
camper is exempt from the determination of gross weight in
the computation of any licensing fees required under RCW
46.16.070.
The gross weight in the case of any bus, auto stage, or
for hire vehicle, except taxicabs, with a seating capacity over
six, shall be the scale weight of each bus, auto stage, and for
hire vehicle plus the seating capacity, including the
operator’s seat, computed at one hundred and fifty pounds
per seat.
If the resultant gross weight, according to this section,
is not listed in RCW 46.16.070, it shall be increased to the
next higher gross weight so listed pursuant to chapter 46.44
RCW. [1987 c 244 § 5; 1986 c 18 § 11; 1971 ex.s. c 231
§ 1; 1969 ex.s. c 170 § 6; 1967 ex.s. c 83 § 57.]
Effective date—1986 c 18: See RCW 46.87.901.
Effective date—1971 c 231: See note following RCW 46.01.130.
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
46.16.121 Seating capacity fees on stages, for hire
vehicles. In addition to other fees for the licensing of
vehicles, there shall be paid and collected annually, for each
auto stage and for hire vehicle, except taxicabs, with a seating capacity of six or less the sum of fifteen dollars. [1967
ex.s. c 83 § 58.]
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
46.16.125 Mileage fees on stages—Penalty. In
addition to the fees required by RCW 46.16.070, operators
of auto stages with seating capacity over six shall pay, at the
time they file gross earning returns with the utilities and
transportation commission, the sum of fifteen cents for each
one hundred vehicle miles operated by each auto stage over
the public highways of this state. However, in the case of
each auto stage propelled by steam, electricity, natural gas,
diesel oil, butane, or propane, the payment required in this
section is twenty cents per one hundred miles of such
operation. The commission shall transmit all sums so
(2002 Ed.)
46.16.090
collected to the state treasurer, who shall deposit the same in
the motor vehicle fund. Any person failing to make any
payment required by this section is subject to a penalty of
one hundred percent of the payment due in this section, in
addition to any penalty provided for failure to submit a
report. Any penalties so collected shall be credited to the
public service revolving fund. [1997 c 215 § 2; 1967 ex.s.
c 83 § 60; 1961 c 12 § 46.16.125. Prior: 1951 c 269 § 14.]
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
46.16.135 Monthly license fee—Penalty. The annual
vehicle licensing fees as provided in RCW 46.16.070 for any
motor vehicle or combination of vehicles having a declared
gross weight in excess of twelve thousand pounds may be
paid for any full registration month or months at one-twelfth
of the usual annual fee plus two dollars, this sum to be
multiplied by the number of full months for which the fees
are paid if for less than a full year. An additional fee of two
dollars shall be collected each time a license fee is paid.
Operation of a vehicle licensed under the provisions of
this section by any person upon the public highways after
the expiration of the monthly license is a traffic infraction,
and in addition the person shall be required to pay a license
fee for the vehicle involved covering an entire registration
year’s operation, less the fees for any registration month or
months of the registration year already paid. If, within five
days, no license fee for a full registration year has been paid
as required aforesaid, the Washington state patrol, county
sheriff, or city police shall impound such vehicle in such
manner as may be directed for such cases by the chief of the
Washington state patrol, until such requirement is met.
[1986 c 18 § 12; 1985 c 380 § 19; 1979 ex.s. c 136 § 46;
1979 c 134 § 1; 1975-’76 2nd ex.s. c 64 § 3; 1975 1st ex.s.
c 118 § 6; 1969 ex.s. c 170 § 7; 1961 c 12 § 46.16.135.
Prior: 1951 c 269 § 16.]
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
Effective date—Severability—1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
46.16.140 Overloading licensed capacity—
Additional license—Penalties—Exceptions. It is a traffic
infraction for any person to operate, or cause, permit, or
suffer to be operated upon a public highway of this state any
bus, auto stage, motor truck, truck tractor, or tractor, with
passengers, or with a maximum gross weight, in excess of
that for which the motor vehicle or combination is licensed.
Any person who operates or causes to be operated upon
a public highway of this state any motor truck, truck tractor,
or tractor with a maximum gross weight in excess of the
maximum gross weight for which the vehicle is licensed
shall be deemed to have set a new maximum gross weight
and shall, in addition to any penalties otherwise provided, be
required to purchase a new license covering the new maximum gross weight, and any failure to secure such new
license is a traffic infraction. No such person may be
permitted or required to purchase the new license for a gross
[Title 46 RCW—page 55]
46.16.140
Title 46 RCW: Motor Vehicles
weight or combined gross weight which would exceed the
maximum gross weight or combined gross weight allowed
by law. This section does not apply to for hire vehicles,
buses, or auto stages operating principally within cities and
towns. [1986 c 18 § 13; 1979 ex.s. c 136 § 47; 1961 c 12
§ 46.16.140. Prior: 1955 c 384 § 16; 1951 c 269 § 18;
1937 c 188 § 25, part; RRS § 6312-25, part.]
Effective date—1986 c 18: See RCW 46.87.901.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.16.145 Overloading licensed capacity—Penalties.
Any person violating any of the provisions of RCW
46.16.140 shall, upon a first offense, pay a penalty of not
less than twenty-five dollars nor more than fifty dollars;
upon a second offense pay a penalty of not less than fifty
dollars nor more than one hundred dollars, and in addition
the court may suspend the certificate of license registration
of the vehicle for not more than thirty days; upon a third and
subsequent offense pay a penalty of not less than one
hundred dollars nor more than two hundred dollars, and in
addition the court shall suspend the certificate of license
registration of the vehicle for not less than thirty days nor
more than ninety days.
Upon ordering the suspension of any certificate of
license registration, the court or judge shall forthwith secure
such certificate and mail it to the director. [1979 ex.s. c 136
§ 48; 1975-’76 2nd ex.s. c 64 § 5; 1961 c 12 § 46.16.145.
Prior: 1951 c 269 § 19; 1937 c 188 § 25, part; RRS § 631225, part.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.16.150 School buses exempt from load and seat
capacity fees. No provision of the law of this state shall be
construed to require for hire vehicle license or adult seating
capacity fees, either directly or indirectly for the transportation of school children or teachers, or both, to and from
school and other school activities, or either, whether the
same be done in motor vehicles owned, leased, rented or
used by the school authority or upon contract to furnish such
transportation: PROVIDED, That this section shall apply to
vehicles used exclusively for the purpose set forth and in the
event that any vehicle so used is also used for any other
purpose, such vehicle shall be appropriately licensed for such
other purpose, as required by this chapter. [1961 c 12 §
46.16.150. Prior: 1937 c 188 § 22; RRS § 6312-22.]
46.16.160 Vehicle trip permits—Restrictions and
requirements—Fees and taxes—Penalty—Rules. (1) The
owner of a vehicle which under reciprocal relations with
another jurisdiction would be required to obtain a license
registration in this state or an unlicensed vehicle which
would be required to obtain a license registration for operation on public highways of this state may, as an alternative
to such license registration, secure and operate such vehicle
under authority of a trip permit issued by this state in lieu of
a Washington certificate of license registration, and licensed
[Title 46 RCW—page 56]
gross weight if applicable. The licensed gross weight may
not exceed eighty thousand pounds for a combination of
vehicles nor forty thousand pounds for a single unit vehicle
with three or more axles. Trip permits are required for
movement of mobile homes or park model trailers and may
only be issued if property taxes are paid in full. For the
purpose of this section, a vehicle is considered unlicensed if
the licensed gross weight currently in effect for the vehicle
or combination of vehicles is not adequate for the load being
carried. Vehicles registered under RCW 46.16.135 shall not
be operated under authority of trip permits in lieu of further
registration within the same registration year.
(2) Each trip permit shall authorize the operation of a
single vehicle at the maximum legal weight limit for such
vehicle for a period of three consecutive days commencing
with the day of first use. No more than three such permits
may be used for any one vehicle in any period of thirty
consecutive days, except that in the case of a recreational
vehicle as defined in RCW 43.22.335, no more than two trip
permits may be used for any one vehicle in a one-year
period. Every permit shall identify, as the department may
require, the vehicle for which it is issued and shall be
completed in its entirety and signed by the operator before
operation of the vehicle on the public highways of this state.
Correction of data on the permit such as dates, license
number, or vehicle identification number invalidates the
permit. The trip permit shall be displayed on the vehicle to
which it is issued as prescribed by the department.
(3) Vehicles operating under authority of trip permits
are subject to all laws, rules, and regulations affecting the
operation of like vehicles in this state.
(4) Prorate operators operating commercial vehicles on
trip permits in Washington shall retain the customer copy of
such permit for four years.
(5) Trip permits may be obtained from field offices of
the department of transportation, Washington state patrol,
department of licensing, or other agents appointed by the
department. The fee for each trip permit is fifteen dollars.
For each permit issued, the fee includes a filing fee as provided by RCW 46.01.140 and an excise tax of one dollar.
The remaining portion of the trip permit fee must be
deposited to the credit of the motor vehicle fund as an
administrative fee. If the filing fee amount of three dollars
as prescribed in RCW 46.01.140 is increased or decreased
after July 1, 2002, the administrative fee must be increased
or decreased by the same amount so that the total trip permit
would be adjusted equally to compensate. These fees and
taxes are in lieu of all other vehicle license fees and taxes.
No exchange, credits, or refunds may be given for trip
permits after they have been purchased.
(6) The department may appoint county auditors or
businesses as agents for the purpose of selling trip permits
to the public. County auditors or businesses so appointed
may retain the filing fee collected for each trip permit to
defray expenses incurred in handling and selling the permits.
(7) A violation of or a failure to comply with any
provision of this section is a gross misdemeanor.
(8) The department of licensing may adopt rules as it
deems necessary to administer this section.
(9) A surcharge of five dollars is imposed on the
issuance of trip permits. The portion of the surcharge paid
by motor carriers must be deposited in the motor vehicle
(2002 Ed.)
Vehicle Licenses
fund for the purpose of supporting vehicle weigh stations,
weigh-in-motion programs, and the commercial vehicle
information systems and networks program. The remaining
portion of the surcharge must be deposited in the motor
vehicle fund for the purpose of supporting congestion relief
programs. All other administrative fees and excise taxes
collected under the provisions of this chapter shall be
forwarded by the department with proper identifying detailed
report to the state treasurer who shall deposit the administrative fees to the credit of the motor vehicle fund and the
excise taxes to the credit of the general fund. Filing fees
will be forwarded and reported to the state treasurer by the
department as prescribed in RCW 46.01.140. [2002 c 352
§ 8; 2002 c 168 § 5; 1999 c 270 § 1; 1996 c 184 § 2; 1993
c 102 § 2; 1987 c 244 § 6; 1981 c 318 § 1; 1977 ex.s. c 22
§ 5; 1975-’76 2nd ex.s. c 64 § 6; 1969 ex.s. c 170 § 8; 1961
c 306 § 1; 1961 c 12 § 46.16.160. Prior: 1957 c 273 § 3;
1955 c 384 § 17; 1949 c 174 § 1; 1947 c 176 § 1; 1937 c
188 § 24; Rem. Supp. 1949 § 6312-24.]
Reviser’s note: This section was amended by 2002 c 168 § 5 and by
2002 c 352 § 8, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1996 c 184: See note following RCW 46.16.010.
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note
following RCW 46.16.070.
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.16.180 Unlawful to carry passengers for hire
without license. It shall be unlawful for the owner or
operator of any vehicle not licensed annually for hire or as
an auto stage and for which additional seating capacity fee
as required by this chapter has not been paid, to carry
passengers therein for hire. [1961 c 12 § 46.16.180. Prior:
1937 c 188 § 20; RRS § 6312-20.]
46.16.200 Applications to agents—Transmittal to
director. Upon receipt by agents of the director, including
county auditors, of original applications for vehicle license
accompanied by the proper fees, such agents shall, if the
applications are in proper form and accompanied by such
information as may be required by the director, immediately
forward them, together with the fees to the director. [1961
c 12 § 46.16.200. Prior: 1955 c 259 § 1; 1955 c 89 § 4;
1947 c 164 § 10; 1937 c 188 § 33; Rem. Supp. 1947 §
6312-33; 1921 c 96 § 6, part; 1917 c 155 § 4, part; 1915 c
142 § 6, part; RRS § 6317, part.]
46.16.210 Original applications—Renewals—Fees—
Preissuance, when. (1) Upon receipt of the application and
proper fee for original vehicle license, the director shall
make a recheck of the application and in the event that there
is any error in the application it may be returned to the
county auditor or other agent to effectively secure the
correction of such error, who shall return the same corrected
to the director.
(2) Application for the renewal of a vehicle license shall
be made to the director or his agents, including county
auditors, by the registered owner on a form prescribed by the
(2002 Ed.)
46.16.160
director. The application must be accompanied by the
payment of such license fees and excise tax as may be
required by law. Such application shall be handled in the
same manner and the fees transmitted to the state treasurer
in the same manner as in the case of an original application.
Any such application which upon validation becomes a
renewal certificate need not have entered upon it the name
of the lien holder, if any, of the vehicle concerned.
(3) Persons expecting to be out of the state during the
normal renewal period of a vehicle license may secure
renewal of such vehicle license and have license plates or
tabs preissued by making application to the director or his
agents upon forms prescribed by the director. The application must be accompanied by such license fees, and excise
tax as may be required by law.
(4) Application for the annual renewal of a vehicle
license number plate to the director or the director’s agents
shall not be required for those vehicles owned, rented, or
leased by the state of Washington, or by any county, city,
town, school district, or other political subdivision of the
state of Washington or a governing body of an Indian tribe
located within this state and recognized as a governmental
entity by the United States department of the interior. [2001
c 206 § 1; 1997 c 241 § 8; 1994 c 262 § 9; 1977 c 8 § 1.
Prior: 1975 1st ex.s. c 169 § 6; 1975 1st ex.s. c 118 § 8;
1969 ex.s. c 75 § 1; 1961 c 12 § 46.16.210; prior: 1957 c
273 § 5; 1955 c 89 § 2; 1953 c 252 § 3; 1947 c 164 § 11;
1937 c 188 § 34; Rem. Supp. 1947 § 6312-34.]
Effective date—Severability—1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
Rental cars: RCW 46.87.023.
46.16.212 Notice of liability insurance requirement.
The department of licensing shall notify the public of the
requirements of RCW 46.30.020 through 46.30.040 at the
time of new vehicle registration and when the department
sends a registration renewal notice. [1989 c 353 § 10.]
Severability—Effective date—1989 c 353: See RCW 46.30.900 and
46.30.901.
46.16.216 Payment of parking fines required for
renewal. (1) To renew a vehicle license, an applicant shall
satisfy all listed standing, stopping, and parking violations
for the vehicle incurred while the vehicle was registered in
the applicant’s name and forwarded to the department
pursuant to RCW 46.20.270(3). For the purposes of this
section, "listed" standing, stopping, and parking violations
include only those violations for which notice has been
received from local agencies by the department one hundred
twenty days or more before the date the vehicle license
expires and that are placed on the records of the department.
Notice of such violations received by the department later
than one hundred twenty days before that date that are not
satisfied shall be considered by the department in connection
with any applications for license renewal in any subsequent
license year. The renewal application may be processed by
the department or its agents only if the applicant:
(a) Presents a preprinted renewal application showing no
listed standing, stopping, and parking violations, or in the absence of such presentation, the agent verifies the information
[Title 46 RCW—page 57]
46.16.216
Title 46 RCW: Motor Vehicles
that would be contained on the preprinted renewal application; or
(b) If listed standing, stopping, and parking violations
exist, presents proof of payment and pays a fifteen dollar
surcharge.
(2) The surcharge shall be allocated as follows:
(a) Ten dollars shall be deposited in the motor vehicle
fund to be used exclusively for the administrative costs of
the department of licensing; and
(b) Five dollars shall be retained by the agent handling
the renewal application to be used by the agent for the
administration of this section.
(3) If there is a change in the registered owner of the
vehicle, the department shall forward the information
regarding the change to the local charging jurisdiction and
release any hold on the renewal of the vehicle license
resulting from parking violations incurred while the certificate of license registration was in a previous registered
owner’s name.
(4) The department shall send to all registered owners
of vehicles who have been reported to have outstanding
listed parking violations, at the time of renewal, a statement
setting out the dates and jurisdictions in which the violations
occurred as well as the amounts of unpaid fines and penalties relating to them and the surcharge to be collected.
[1990 2nd ex.s. c 1 § 401; 1984 c 224 § 1.]
Severability—1990 2nd ex.s. c 1: See note following RCW
82.14.300.
Severability—1984 c 224: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 224 § 5.]
Effective date—1984 c 224: "This act shall take effect on July 1,
1984." [1984 c 224 § 6.]
46.16.220 Time of renewal of licenses—Duration.
Vehicle licenses and vehicle license number plates may be
renewed for the subsequent registration year up to eighteen
months before the current expiration date and must be used
and displayed from the date of issue or from the day of the
expiration of the preceding registration year, whichever date
is later. [1997 c 241 § 9; 1991 c 339 § 20; 1975 1st ex.s. c
118 § 9; 1969 ex.s. c 170 § 9; 1961 c 12 § 46.16.220.
Prior: 1957 c 261 § 8; 1955 c 89 § 1; 1953 c 252 § 4; 1947
c 164 § 12; 1937 c 188 § 35; Rem. Supp. 1947 § 6312-35;
1921 c 96 § 7, part; RRS § 6318, part; 1921 c 6 § 1, part;
1916 c 142 § 7, part.]
Effective date—Severability—1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
46.16.225 Adjustment of vehicle registration periods
to stagger renewal periods. Notwithstanding any provision
of law to the contrary, the department may extend or
diminish vehicle license registration periods for the purpose
of staggering renewal periods. Such extension or diminishment of a vehicle license registration period shall be by rule
of the department adopted in accordance with the provisions
of chapter 34.05 RCW. The rules may provide for the omission of any classes or classifications of vehicle from the
staggered renewal system and may provide for the gradual
introduction of classes or classifications of vehicles into the
system. The rules shall provide for the collection of propor[Title 46 RCW—page 58]
tionately increased or decreased vehicle license registration
fees and of excise or property taxes required to be paid at
the time of registration.
It is the intent of the legislature that there shall be
neither a significant net gain nor loss of revenue to the state
general fund or the motor vehicle fund as the result of
implementing and maintaining a staggered vehicle registration system. [1986 c 18 § 15; 1979 c 158 § 140; 1975 1st
ex.s. c 118 § 2.]
Effective date—1986 c 18: See RCW 46.87.901.
Effective date—Severability—1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
46.16.230 License plates furnished. The director
shall furnish to all persons making satisfactory application
for vehicle license as provided by law, two identical vehicle
license number plates each containing the vehicle license
number to be displayed on such vehicle as by law required:
PROVIDED, That if the vehicle to be licensed is a trailer,
semitrailer or motorcycle only one vehicle license number
plate shall be issued for each thereof. The number and plate
shall be of such size and color and shall contain such symbols indicative of the registration period for which the same
is issued and of the state of Washington, as shall be determined and prescribed by the director. Any vehicle license
number plate or plates issued to a dealer shall contain
thereon a sufficient and satisfactory indication that such
plates have been issued to a dealer in vehicles. All vehicle
license number plates may be obtained by the director from
the metal working plant of a state correctional facility or
from any source in accordance with existing state of Washington purchasing procedures.
Notwithstanding the foregoing provisions of this section,
the director may, in his discretion and under such rules and
regulations as he may prescribe, adopt a type of vehicle
license number plates whereby the same shall be used as
long as legible on the vehicle for which issued, with provision for tabs or emblems to be attached thereto or elsewhere
on the vehicle to signify renewals, in which event the term
"vehicle license number plate" as used in any enactment
shall be deemed to include in addition to such plate the tab
or emblem signifying renewal except when such plate
contains the designation of the current year without reference
to any tab or emblem. Renewals shall be effected by the
issuance and display of such tab or emblem. [1992 c 7 §
41; 1975 c 25 § 19; 1961 c 12 § 46.16.230. Prior: 1957 c
261 § 9; 1949 c 90 § 1; 1939 c 182 § 5; 1937 c 188 § 28;
Rem. Supp. 1949 § 6312-28; 1921 c 96 § 12; 1921 c 6 § 2;
1919 c 59 § 7; 1917 c 155 § 8; 1915 c 142 § 12; RRS §
6323.]
46.16.233 Standard background—Periodic replacement. Except for those license plates issued under RCW
46.16.305(1) before January 1, 1987, under RCW
46.16.305(3), and to commercial vehicles with a gross
weight in excess of twenty-six thousand pounds, effective
with vehicle registrations due or to become due on January
1, 2001, all vehicle license plates must be issued on a
standard background, as designated by the department.
Additionally, to ensure maximum legibility and reflectivity,
the department shall periodically provide for the replacement
(2002 Ed.)
Vehicle Licenses
of license plates, except for commercial vehicles with a
gross weight in excess of twenty-six thousand pounds.
Frequency of replacement shall be established in accordance
with empirical studies documenting the longevity of the
reflective materials used to make license plates. [2000 c 37
§ 1; 1997 c 291 § 2.]
46.16.235 State name not abbreviated. Vehicle
license number plates issued by the state of Washington
commencing with the next general issuance of such plates
shall be so designed as to designate the name of the state of
Washington in full without abbreviation. [1965 ex.s. c 78 §
2.]
46.16.237 Reflectorized materials—Fee. All vehicle
license number plates issued after January 1, 1968, or such
earlier date as the director may prescribe with respect to
plates issued in any county, shall be treated with fully
reflectorized materials designed to increase the visibility and
legibility of such plates at night. In addition to all other fees
prescribed by law, there shall be paid and collected for each
vehicle license number plate treated with such materials, the
sum of fifty cents and for each set of two plates, the sum of
one dollar: PROVIDED, HOWEVER, One plate is available
only to those vehicles that by law require only one plate.
Such fees shall be deposited in the motor vehicle fund.
[1987 c 52 § 1; 1967 ex.s. c 145 § 60.]
Severability—1967 ex.s. c 145: See RCW 47.98.043.
46.16.240 Attachment of plates to vehicles—
Violations enumerated. The vehicle license number plates
shall be attached conspicuously at the front and rear of each
vehicle for which the same are issued and in such a manner
that they can be plainly seen and read at all times: PROVIDED, That if only one license number plate is legally
issued for any vehicle such plate shall be conspicuously attached to the rear of such vehicle. Each vehicle license
number plate shall be placed or hung in a horizontal position
at a distance of not less than one foot nor more than four
feet from the ground and shall be kept clean so as to be
plainly seen and read at all times: PROVIDED, HOWEVER, That in cases where the body construction of the vehicle
is such that compliance with this section is impossible,
permission to deviate therefrom may be granted by the state
patrol. It shall be unlawful to display upon the front or rear
of any vehicle, vehicle license number plate or plates other
than those furnished by the director for such vehicle or to
display upon any vehicle any vehicle license number plate or
plates which have been in any manner changed, altered,
disfigured or have become illegible. License plate frames
may be used on vehicle license number plates only if the
frames do not obscure license tabs or identifying letters or
numbers on the plates and the plates can be plainly seen and
read at all times. It is unlawful to use any holders, frames,
or any materials that in any manner change, alter, or make
the vehicle license number plates illegible. It shall be
unlawful for any person to operate any vehicle unless there
shall be displayed thereon valid vehicle license number
plates attached as herein provided. [1987 c 330 § 704; 1987
c 142 § 3; 1969 ex.s. c 170 § 10; 1967 c 32 § 18; 1961 c 12
(2002 Ed.)
46.16.233
§ 46.16.240. Prior: 1947 c 89 § 1; 1937 c 188 § 36; Rem.
Supp. 1947 § 6312-36.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Reviser’s note: This section was amended by 1987 c 142 § 3 and by
1987 c 330 § 704, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Illumination of plate: RCW 46.37.050.
46.16.260 License registration certificate—Signature
required—Carried in vehicle—Penalty—Inspection—
Exception. A certificate of license registration to be valid
must have endorsed thereon the signature of the registered
owner (if a firm or corporation, the signature of one of its
officers or other duly authorized agent) and must be carried
in the vehicle for which it is issued, at all times in the
manner prescribed by the department. It shall be unlawful
for any person to operate or have in his possession a vehicle
without carrying thereon such certificate of license registration. Any person in charge of such vehicle shall, upon
demand of any of the local authorities or of any police
officer or of any representative of the department, permit an
inspection of such certificate of license registration. This
section does not apply to a vehicle for which annual renewal
of its license plates is not required and which is marked in
accordance with the provisions of RCW 46.08.065. [1986
c 18 § 16; 1979 ex.s. c 113 § 3; 1969 ex.s. c 170 § 11; 1967
c 32 § 19; 1961 c 12 § 46.16.260. Prior: 1955 c 384 § 18;
1937 c 188 § 8; RRS § 6312-8.]
Effective date—1986 c 18: See RCW 46.87.901.
46.16.265 Replacement certificate. If a certificate of
license registration is lost, stolen, mutilated, or destroyed or
becomes illegible, the registered owner or owners, as shown
by the records of the department, shall promptly make
application for and may obtain a duplicate upon tender of
one dollar and twenty-five cents in addition to all other fees
and upon furnishing information satisfactory to the department. The duplicate of the license registration shall contain
the legend, "duplicate."
A person recovering an original certificate of license
registration for which a duplicate has been issued shall
promptly surrender the original certificate to the department.
[1997 c 241 § 6.]
46.16.270 Replacement of plates—Fee. The total
replacement plate fee shall be deposited in the motor vehicle
fund.
Upon the loss, defacement, or destruction of one or both
of the vehicle license number plates issued for any vehicle
where more than one plate was originally issued or where
one or both have become so illegible or in such a condition
as to be difficult to distinguish, or upon the owner’s option,
the owner of the vehicle shall make application for new
vehicle license number plates upon a form furnished by the
director. The application shall be filed with the director or
the director’s authorized agent, accompanied by the certificate of license registration of the vehicle and a fee in the
amount of three dollars per plate, whereupon the director, or
[Title 46 RCW—page 59]
46.16.270
Title 46 RCW: Motor Vehicles
the director’s authorized agent, shall issue new vehicle
license number plates to the applicant. It shall be accompanied by a fee of two dollars for a new motorcycle license
number plate. In the event the director has issued license
period tabs or a windshield emblem instead of vehicle
license number plates, and upon the loss, defacement, or
destruction of the tabs or windshield emblem, application
shall be made on a form provided by the director and in the
same manner as above described, and shall be accompanied
by a fee of one dollar for each pair of tabs or for each
windshield emblem, whereupon the director shall issue to the
applicant a duplicate pair of tabs, year tabs, and when
necessary month tabs or a windshield emblem to replace
those lost, defaced, or destroyed. For vehicles owned,
rented, or leased by the state of Washington or by any
county, city, town, school district, or other political subdivision of the state of Washington or United States government,
or owned or leased by the governing body of an Indian tribe
as defined in RCW 46.16.020, a fee shall be charged for
replacement of a vehicle license number plate only to the
extent required by the provisions of RCW 46.16.020,
*46.16.061, 46.16.237, and 46.01.140. For vehicles owned,
rented, or leased by foreign countries or international bodies
to which the United States government is a signatory by
treaty, the payment of any fee for the replacement of a
vehicle license number plate shall not be required. [1997 c
291 § 3; 1990 c 250 § 32; 1987 c 178 § 2. Prior: 1986 c
280 § 4; 1986 c 30 § 3; 1975 1st ex.s. c 169 § 7; 1965 ex.s.
c 78 § 1; 1961 c 12 § 46.16.270; prior: 1951 c 269 § 6;
1947 c 164 § 13; 1937 c 188 § 37; Rem. Supp. 1947 §
6312-37; 1929 c 99 § 6; 1921 c 96 § 14; 1919 c 59 § 8;
1915 c 142 § 14; RRS § 6325.]
*Reviser’s note: RCW 46.16.061 was repealed by 2000 1st sp.s. c
1 § 2.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.276 Implementing rules. The director may
make and enforce rules to implement this chapter. [1986 c
30 § 4.]
46.16.280 Sale, loss, or destruction of commercial
vehicle—Credit for unused fee—Change in license
classification. In case of loss, destruction, sale, or transfer
of any motor vehicle with a registered gross weight in excess
of twelve thousand pounds and subject to the license fees
under RCW 46.16.070, the registered owner thereof may,
under the following conditions, obtain credit for the unused
portion of the licensing fee paid for the vehicle or may transfer such credit to the new owner if desired:
(1) The licensing fee paid for the motor vehicle will be
reduced by one-twelfth for each calendar month and fraction
thereof elapsing between the first month of the current
registration year in which the motor vehicle was registered
and the month the registrant surrenders the vehicle’s registration certificate for the registration year to the department or
an authorized agent of the department.
(2) If any such credit is less than fifteen dollars, no
credit may be given.
(3) The credit may only be applied against the licensing
fee liability due under RCW 46.16.070 for the replacement
motor vehicle or if such credit was transferred to the new
[Title 46 RCW—page 60]
owner, it shall remain with the vehicle. The credit may only
be used during the registration year from which it was obtained.
(4) In no event is such credit subject to refund.
Whenever any vehicle has been so altered as to change
its license classification in such a manner that the vehicle
license number plates are rendered improper, the current
license plates shall be surrendered to the department. New
license plates shall be issued upon application accompanied
by a one dollar fee in addition to any other or different
charge by reason of licensing under a new classification.
Such application shall be on forms prescribed by the
department and forwarded with the proper fee to the department or the office of a duly authorized agent of the department. [1987 c 244 § 7; 1986 c 18 § 17; 1967 c 32 § 20;
1961 c 12 § 46.16.280. Prior: 1947 c 164 § 14; 1937 c 188
§ 38; Rem. Supp. 1947 § 6312-38.]
Effective date—1986 c 18: See RCW 46.87.901.
46.16.290 License certificate and plates follow
vehicle on transfer—Exceptions. In any case of a valid
sale or transfer of the ownership of any vehicle, the right to
the certificates properly transferable therewith, except as provided in RCW 46.16.280, and to the vehicle license plates
passes to the purchaser or transferee. It is unlawful for the
holder of such certificates, except as provided in RCW
46.16.280, or vehicle license plates to fail, neglect, or refuse
to endorse the certificates and deliver the vehicle license
plates to the purchaser or transferee. If the sale or transfer
is of a vehicle licensed by the state or any county, city,
town, school district, or other political subdivision entitled to
exemption as provided by law, or, if the vehicle is licensed
with personalized plates, amateur radio operator plates,
medal of honor plates, disabled person plates, disabled
veteran plates, prisoner of war plates, or other special license
plates issued under RCW 46.16.301 as it existed before
amendment by section 5, chapter 291, Laws of 1997, the
vehicle license plates therefor shall be retained and may be
displayed upon a vehicle obtained in replacement of the
vehicle so sold or transferred. [1997 c 291 § 4; 1986 c 18
§ 18; 1983 c 27 § 2; 1961 c 12 § 46.16.290. Prior: 1937 c
188 § 39; RRS § 6312-39; 1931 c 138 § 2; 1929 c 99 § 3;
1921 c 96 § 8; 1919 c 59 § 5; 1917 c 155 § 5; 1915 c 142
§ 8; RRS § 6319.]
Effective date—1986 c 18: See RCW 46.87.901.
46.16.301 Baseball stadium license plates. The
department shall create, design, and issue a special baseball
stadium license plate that may be used in lieu of regular or
personalized license plates for motor vehicles required to
display two motor vehicle license plates, excluding vehicles
registered under chapter 46.87 RCW, upon terms and
conditions established by the department. The special plates
shall commemorate the construction of a baseball stadium,
as defined in RCW 82.14.0485. The department shall also
issue to each recipient of a special baseball stadium license
plate a certificate of participation in the construction of the
baseball stadium. [1997 c 291 § 5; 1995 3rd sp.s. c 1 § 102;
1994 c 194 § 2; 1990 c 250 § 1.]
Part headings not law—Effective date—1995 3rd sp.s. c 1: See
notes following RCW 82.14.0485.
(2002 Ed.)
Vehicle Licenses
Effective dates—1990 c 250 §§ 1-13: "Sections 1 through 9, and 11
through 13 of this act shall take effect on January 1, 1991. Section 10 of
this act shall take effect on July 1, 1990." [1990 c 250 § 93.]
Severability—1990 c 250: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 250 § 92.]
State contribution for baseball stadium limited: RCW 82.14.0486.
46.16.305 Special license plates—Continuance of
earlier issues—Conditions for current issues. The
department shall continue to issue the categories of special
plates issued by the department under the sections repealed
under section 12 (1) through (7), chapter 250, Laws of 1990.
Special license plates issued under those repealed sections
before January 1, 1991, are valid to the extent and under the
conditions provided in those repealed sections. The following conditions, limitations, or requirements apply to certain
special license plates issued after January 1, 1991:
(1) A horseless carriage plate and a plate or plates
issued for collectors’ vehicles more than thirty years old,
upon payment of the initial fees required by law and the
additional special license plate fee established by the department, are valid for the life of the vehicle for which
application is approved by the department. When a single
plate is issued, it shall be displayed on the rear of the
vehicle.
(2) The department may issue special license plates
denoting amateur radio operator status only to persons
having a valid official radio operator license issued by the
federal communications commission.
(3) The department shall issue one set of special license
plates to each resident of this state who has been awarded
the Congressional Medal of Honor for use on a passenger
vehicle registered to that person. The department shall issue
the plate without the payment of licensing fees and motor
vehicle excise tax.
(4) The department may issue for use on only one motor
vehicle owned by the qualified applicant special license
plates denoting that the recipient of the plate is a survivor of
the attack on Pearl Harbor on December 7, 1941, to persons
meeting all of the following criteria:
(a) Is a resident of this state;
(b) Was a member of the United States Armed Forces
on December 7, 1941;
(c) Was on station on December 7, 1941, during the
hours of 7:55 a.m. to 9:45 a.m. Hawaii time at Pearl Harbor,
the island of Oahu, or offshore at a distance not to exceed
three miles;
(d) Received an honorable discharge from the United
States Armed Forces; and
(e) Is certified by a Washington state chapter of the
Pearl Harbor survivors association as satisfying the qualifications in (c) of this subsection.
The department may issue such plates to the surviving
spouse of any deceased Pearl Harbor survivor who met the
requirements of this subsection. If the surviving spouse
remarries, he or she shall return the special plates to the
department within fifteen days and apply for regular plates.
The surviving spouse must be a resident of this state.
The department shall issue these plates upon payment
by the applicant of all other license fees, but the department
(2002 Ed.)
46.16.301
may not set or charge an additional fee for these special
license plates.
(5) The department shall replace, free of charge, special
license plates issued under subsections (3) and (4) of this
section if they are lost, stolen, damaged, defaced, or destroyed. Such plates shall remain with the persons upon
transfer or other disposition of the vehicle for which they
were initially issued, and may be used on another vehicle
registered to the recipient in accordance with the provisions
of RCW 46.16.316(1). [1997 c 291 § 6; 1997 c 241 § 10;
1990 c 250 § 2.]
Reviser’s note: This section was amended by 1997 c 241 § 10 and
by 1997 c 291 § 6, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Finding—1997 c 291: "The legislature finds that the proliferation of
special license plate series has decreased the ready identification of vehicles
by law enforcement, and increased the amount of computer programming
conducted by the department of licensing, thereby increasing costs.
Furthermore, rarely has the actual demand for special license plates met the
requesters’ projections. Most importantly, special plates detract from the
primary purpose of license plates, that of vehicle identification." [1997 c
291 § 1.]
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.307 Collectors’ vehicles—Use restrictions. A
collectors’ vehicle licensed under RCW 46.16.305(1) may
only be used for participation in club activities, exhibitions,
tours, parades, and occasional pleasure driving. [1996 c 225
§ 11.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.16.309 Special license plates—Application.
Persons applying to the department for special license plates
shall apply on forms obtained from the department and in
accordance with RCW 46.16.040. The applicant shall
provide all information as is required by the department in
order to determine the applicant’s eligibility for the special
license plates. [1997 c 291 § 7; 1990 c 250 § 3.]
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.313 Special license plates—Fees. (1) The
department may establish a fee for each type of special
license plates issued under RCW 46.16.301(1) (a), (b), or
(c), as existing before amendment by section 5, chapter 291,
Laws of 1997, in an amount calculated to offset the cost of
production of the special license plates and the administration of this program. Until December 31, 1997, the fee shall
not exceed thirty-five dollars, but effective with vehicle
registrations due or to become due on January 1, 1998, the
department may adjust the fee to no more than forty dollars.
This fee is in addition to all other fees required to register
and license the vehicle for which the plates have been
requested. All such additional special license plate fees
collected by the department shall be deposited in the state
treasury and credited to the motor vehicle fund.
(2) Until December 31, 1997, in addition to all fees and
taxes required to be paid upon application, registration, and
renewal registration of a motor vehicle, the holder of a
[Title 46 RCW—page 61]
46.16.313
Title 46 RCW: Motor Vehicles
collegiate license plate shall pay a fee of thirty dollars. The
department shall deduct an amount not to exceed two dollars
of each fee collected under this subsection for administration
and collection expenses incurred by it. The remaining
proceeds, minus the cost of plate production, shall be
remitted to the custody of the state treasurer with a proper
identifying detailed report. The state treasurer shall credit
the funds to the appropriate collegiate license plate fund as
provided in RCW 28B.10.890.
(3) Effective with vehicle registrations due or to become
due on January 1, 1998, in addition to all fees and taxes
required to be paid upon application and registration of a
motor vehicle, the holder of a collegiate license plate shall
pay an initial fee of forty dollars. The department shall
deduct an amount not to exceed twelve dollars of each fee
collected under this subsection for administration and
collection expenses incurred by it. The remaining proceeds
shall be remitted to the custody of the state treasurer with a
proper identifying detailed report. The state treasurer shall
credit the funds to the appropriate collegiate license plate
fund as provided in RCW 28B.10.890.
(4) Effective with annual renewals due or to become
due on January 1, 1999, in addition to all fees and taxes
required to be paid upon renewal of a motor vehicle registration, the holder of a collegiate license plate shall pay a fee
of thirty dollars. The department shall deduct an amount not
to exceed two dollars of each fee collected under this
subsection for administration and collection expenses
incurred by it. The remaining proceeds shall be remitted to
the custody of the state treasurer with a proper identifying
detailed report. The state treasurer shall credit the funds to
the appropriate collegiate license plate fund as provided in
RCW 28B.10.890.
(5) In addition to all fees and taxes required to be paid
upon application and registration of a motor vehicle, the
holder of a special baseball stadium license plate shall pay
an initial fee of forty dollars. The department shall deduct
an amount not to exceed twelve dollars of each fee collected
under this subsection for administration and collection expenses incurred by it. The remaining proceeds, minus the
cost of plate production, shall be distributed to a county for
the purpose of paying the principal and interest payments on
bonds issued by the county to construct a baseball stadium,
as defined in RCW 82.14.0485, including reasonably
necessary preconstruction costs, while the taxes are being
collected under RCW 82.14.360. After this date, the state
treasurer shall credit the funds to the state general fund.
(6) Effective with annual renewals due or to become
due on January 1, 1999, in addition to all fees and taxes
required to be paid upon renewal of a motor vehicle registration, the holder of a special baseball stadium license plate
shall pay a fee of thirty dollars. The department shall deduct
an amount not to exceed two dollars of each fee collected
under this subsection for administration and collection
expenses incurred by it. The remaining proceeds shall be
distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to
construct a baseball stadium, as defined in RCW 82.14.0485,
including reasonably necessary preconstruction costs, while
the taxes are being collected under RCW 82.14.360. After
this date, the state treasurer shall credit the funds to the state
[Title 46 RCW—page 62]
general fund. [1997 c 291 § 8; 1996 c 165 § 506; 1995 3rd
sp.s. c 1 § 103; 1994 c 194 § 4; 1990 c 250 § 4.]
Severability—1996 c 165: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1996 c 165 § 510.]
Effective date—1996 c 165: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 28, 1996]." [1996 c 165 § 511.]
Part headings not law—Effective date—1995 3rd sp.s. c 1: See
notes following RCW 82.14.0485.
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
State contribution for baseball stadium limited: RCW 82.14.0486.
46.16.314 Special license plates—Authority to
continue. After a period of three years from the initial
issuance of a special license plate series, the department has
the sole discretion, based upon the number of sales to date,
to determine whether or not to continue issuing the special
series. [1997 c 291 § 9.]
46.16.316 Special license plates—Transfer of
vehicle—Replacement plates. Except as provided in RCW
46.16.305:
(1) When a person who has been issued a special
license plate or plates under RCW 46.16.301 as it existed
before amendment by section 5, chapter 291, Laws of 1997,
sells, trades, or otherwise transfers or releases ownership of
the vehicle upon which the special license plate or plates
have been displayed, he or she shall immediately report the
transfer of such plate or plates to an acquired vehicle or
vehicle eligible for such plates pursuant to departmental rule,
or he or she shall surrender such plates to the department
immediately if such surrender is required by departmental
rule. If a person applies for a transfer of the plate or plates
to another eligible vehicle, a transfer fee of five dollars shall
be charged in addition to all other applicable fees. Such
transfer fees shall be deposited in the motor vehicle fund.
Failure to surrender the plates when required is a traffic
infraction.
(2) If the special license plate or plates issued by the department become lost, defaced, damaged, or destroyed,
application for a replacement special license plate or plates
shall be made and fees paid as provided by law for the
replacement of regular license plates. [1997 c 291 § 10;
1990 c 250 § 5.]
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.319 Veterans and military personnel—
Emblems. (1) Veterans discharged under honorable conditions (veterans) and individuals serving on active duty in the
United States armed forces (active duty military personnel)
may purchase a veterans remembrance emblem or campaign
medal emblem. The emblem is to be displayed on vehicle
license plates in the manner described by the department,
existing vehicular licensing procedures, and current laws.
(2002 Ed.)
Vehicle Licenses
(2) Veterans and active duty military personnel who
served during periods of war or armed conflict may purchase
a remembrance emblem depicting campaign ribbons which
they were awarded.
(3) The following campaign ribbon remembrance
emblems are available:
(a) World War I victory medal;
(b) World War II Asiatic-Pacific campaign medal;
(c) World War II European-African Middle East campaign medal;
(d) World War II American campaign medal;
(e) Korean service medal;
(f) Vietnam service medal;
(g) Armed forces expeditionary medal awarded after
1958; and
(h) Southwest Asia medal.
The director may issue additional campaign ribbon
emblems by rule as authorized decorations by the United
States department of defense.
(4) Veterans or active duty military personnel requesting
a veteran remembrance emblem or campaign medal emblem
or emblems must:
(a) Pay a prescribed fee set by the department; and
(b) Show proof of eligibility through:
(i) Providing a DD-214 or discharge papers if a veteran;
(ii) Providing a copy of orders awarding a campaign
ribbon if an individual serving on military active duty; or
(iii) Attesting in a notarized affidavit of their eligibility
as required under this section.
(5) Veterans or active duty military personnel who
purchase a veteran remembrance emblem or a campaign
medal emblem must be the legal or registered owner of the
vehicle on which the emblem is to be displayed. [1997 c
234 § 1; 1991 c 339 § 11; 1990 c 250 § 6.]
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.324 Collegiate license plates. Effective January
1, 1995, a state university, regional university, or state
college as defined in RCW 28B.10.016 may apply to the
department, in a form prescribed by the department, and
request the department to issue a series of collegiate license
plates depicting the name and mascot or symbol of the
college or university, as submitted and approved for use by
the requesting institution. [1994 c 194 § 3.]
46.16.327 Military emblems—Material, display
requirements. Vehicle license plate emblems and veteran
remembrance emblems shall use fully reflectorized materials
designed to provide visibility at night. Emblems shall be
designed to be affixed to a vehicle license number plate by
pressure-sensitive adhesive so as not to obscure the plate
identification numbers or letters.
Emblems will be issued for display on the front and rear
license number plates. Single emblems will be issued for
vehicles authorized to display one license number plate.
[1990 c 250 § 8.]
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
(2002 Ed.)
46.16.319
46.16.332 Military emblems—Fees. (1) The director
may adopt fees to be charged by the department for emblems
issued by the department under RCW 46.16.319.
(2) The fee for each remembrance emblem issued under
RCW 46.16.319 shall be in an amount sufficient to offset the
costs of production of remembrance emblems and the administration of that program by the department plus an amount
for use by the department of veterans affairs, not to exceed
a total fee of twenty-five dollars per emblem.
(3) The veterans’ emblem account is created in the
custody of the state treasurer. All receipts by the department
from the issuance of remembrance emblems under RCW
46.16.319 shall be deposited into this fund. Expenditures
from the fund may be used only for the costs of production
of remembrance emblems and administration of the program
by the department of licensing, with the balance used only
by the department of veterans affairs for projects that pay
tribute to those living veterans and to those who have died
defending freedom in our nation’s wars and conflicts and for
the upkeep and operations of existing memorials, as well as
for planning, acquiring land for, and constructing future
memorials. Only the director of licensing, the director of
veterans affairs, or their designees may authorize expenditures from the fund. The fund is subject to allotment
procedures under chapter 43.88 RCW, but no appropriation
is required for expenditures. [1994 c 194 § 5; 1990 c 250
§ 9.]
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.333 Cooper Jones emblems. In cooperation
with the Washington state patrol and the department of
licensing, the traffic safety commission shall create and
design, and the department shall issue, Cooper Jones license
plate emblems displaying a symbol of bicycle safety that
may be used on motor vehicles required to display two
motor vehicle license plates, excluding vehicles registered
under chapter 46.87 RCW, upon terms and conditions
established by the department. These license plate emblems
will fund the Cooper Jones act and provide funding for
bicyclist and pedestrian safety education, enforcement, and
encouragement.
Any person may purchase Cooper Jones license plate
emblems. The emblems are to be displayed on the vehicle
license plates in the manner described by the department,
existing vehicular licensing procedures, and current laws.
The fee for Cooper Jones emblems shall be twenty-five
dollars. All moneys collected shall first go to the department to be deposited into the motor vehicle fund until all expenses of designing and producing the emblems are recovered. Thereafter, the department shall deduct an amount not
to exceed five dollars of each fee collected for Cooper Jones
emblems for administration and collection expenses. The
remaining proceeds shall be remitted to the custody of the
state treasurer with a proper identifying detailed report. The
state treasurer shall credit the proceeds to the bicycle and
pedestrian safety account as established in RCW 43.59.150.
[2002 c 264 § 3.]
[Title 46 RCW—page 63]
46.16.333
Title 46 RCW: Motor Vehicles
Finding—2002 c 264: "The legislature finds that bicycling and
walking are becoming increasingly popular in Washington as clean and
efficient modes of transportation, as recreational activities, and as organized
sports. Future plans for the state’s transportation system will require
increased access and safety for bicycles and pedestrians on our common
roadways, and federal transportation legislation and funding programs have
created strong incentives to implement these changes quickly. As a result,
many more people are likely to take up bicycling in Washington both as a
leisure activity and as a convenient, inexpensive form of transportation.
Bicyclists are more vulnerable to injury and accident than motorists, and
both should be knowledgeable about traffic laws. Bicyclists should be
highly visible and predictable when riding in traffic, and be encouraged to
wear bicycle safety helmets. Hundreds of bicyclists and pedestrians are
seriously injured every year in accidents, and millions of dollars are spent
on health care costs associated with these accidents. There is clear evidence
that organized training in the rules and techniques of safe and effective
cycling can significantly reduce the incidence of serious injury and
accidents, increase cooperation among road users, and significantly increase
the incidence of bicycle helmet use, particularly among minors. A reduction
in accidents benefits the entire community. Therefore, it is appropriate for
businesses and community organizations to provide donations to bicycle and
pedestrian safety training programs." [2002 c 264 § 1.]
46.16.335 Special license plates and emblems—
Rules. The director shall adopt rules to implement RCW
46.16.301 through 46.16.332, including setting of fees.
[1990 c 250 § 10.]
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.340 Amateur radio operator plates—
Information furnished to various agencies. The director,
from time to time, shall furnish the state military department,
the department of community, trade, and economic development, the Washington state patrol, and all county sheriffs a
list of the names, addresses, and license plate or radio station
call letters of each person possessing the special amateur
radio station license plates so that the facilities of such radio
stations may be utilized to the fullest extent in the work of
these governmental agencies. [1995 c 391 § 8; 1986 c 266
§ 49; 1985 c 7 § 112; 1974 ex.s. c 171 § 43; 1967 c 32 §
23; 1961 c 12 § 46.16.340. Prior: 1957 c 145 § 3.]
Effective date—1995 c 391: See note following RCW 38.52.005.
Severability—1986 c 266: See note following RCW 38.52.005.
46.16.350 Amateur radio operator plates—
Expiration or revocation of radio license—Penalty. Any
radio amateur operator who holds a special call letter license
plate as issued under RCW 46.16.305, and who has allowed
his or her federal communications commission license to
expire, or has had it revoked, must notify the director in
writing within thirty days and surrender his or her call letter
license plate. Failure to do so is a traffic infraction. [1997
c 291 § 11; 1990 c 250 § 11; 1979 ex.s. c 136 § 49; 1967 c
32 § 24; 1961 c 12 § 46.16.350. Prior: 1957 c 145 § 4.]
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.16.371 Special plates for honorary consul,
foreign government representative. (1) Every honorary
consul or official representative of any foreign government
[Title 46 RCW—page 64]
who is a citizen or resident of the United States of America,
duly licensed and holding an exequatur issued by the
department of state of the United States of America is entitled to apply to the director for, and upon satisfactory
showing, and upon payment of regular license fees and
excise tax, to receive, in lieu of the regular motor vehicle
license plates, such special plates of a distinguishing color
and running in a separate numerical series, as the director
shall prescribe. Application for renewal of the license plates
shall be as prescribed for the license renewal of other
vehicles.
(2) Whenever the owner or lessee as provided in
subsection (1) of this section transfers or assigns his interest
or title in the motor vehicle to which the special plates were
attached, the plates shall be removed from the motor vehicle,
and if another vehicle is acquired, attached thereto, and the
director shall be immediately notified of the transfer of the
plates; otherwise the removed plates shall be immediately
forwarded to the director to be destroyed. Whenever the
owner or lessee as provided in subsection (1) of this section
is for any reason relieved of his duties as an honorary consul
or official representative of a foreign government, he shall
immediately forward the special plates to the director, who
shall upon receipt thereof provide such plates as are otherwise provided by law. [1987 c 237 § 1.]
46.16.374 Taipei Economic and Cultural Office—
Special plates. (1) If the eligible applicant bears the entire
cost of plate production, the department shall provide for the
issuance of special license plates, in lieu of regular motor
vehicle license plates, for passenger vehicles having
manufacturers’ rated carrying capacities of one ton or less
that are owned or leased by an officer of the Taipei Economic and Cultural Office. The department shall issue the
special license plates in a distinguishing color, running in a
separate numerical series, and bearing the words "Foreign
Organization." A vehicle for which special license plates are
issued under this section is exempt from regular license fees
under RCW 46.16.0621 and any additional vehicle license
fees imposed under RCW 82.80.020.
(2) Whenever the owner or lessee as provided in
subsection (1) of this section transfers or assigns the interest
or title in the motor vehicle for which the special plates were
issued, the plates must be removed from the motor vehicle,
and if another qualified vehicle is acquired, attached to that
vehicle, and the director must be immediately notified of the
transfer of the plates; otherwise the removed plates must be
immediately forwarded to the director to be destroyed.
Whenever the owner or lessee as provided in subsection (1)
of this section is for any reason relieved of his or her duties
as a representative of a recognized foreign organization, he
or she shall immediately forward the special plates to the
director, who shall upon receipt dispose of the plates as
otherwise provided by law. [2001 c 64 § 5; 1996 c 139 §
1.]
46.16.376 Taipei Economic and Cultural Office—
Fee exemption. A motor vehicle owned or leased by an
officer of the Taipei Economic and Cultural Office eligible
for a special license plate under RCW 46.16.374 is exempt
(2002 Ed.)
Vehicle Licenses
from the payment of license fees for the licensing of the
vehicle as provided in this chapter. [1996 c 139 § 2.]
46.16.381 Special parking for disabled persons—
Penalties—Enforcement. (1) The director shall grant
special parking privileges to any person who has a disability
that limits or impairs the ability to walk and meets one of
the following criteria, as determined by a licensed physician:
(a) Cannot walk two hundred feet without stopping to
rest;
(b) Is severely limited in ability to walk due to arthritic,
neurological, or orthopedic condition;
(c) Is so severely disabled, that the person cannot walk
without the use of or assistance from a brace, cane, another
person, prosthetic device, wheelchair, or other assistive
device;
(d) Uses portable oxygen;
(e) Is restricted by lung disease to such an extent that
forced expiratory respiratory volume, when measured by
spirometry is less than one liter per second or the arterial
oxygen tension is less than sixty mm/hg on room air at rest;
(f) Impairment by cardiovascular disease or cardiac
condition to the extent that the person’s functional limitations are classified as class III or IV under standards
accepted by the American Heart Association; or
(g) Has a disability resulting from an acute sensitivity
to automobile emissions which limits or impairs the ability
to walk. The personal physician of the applicant shall
document that the disability is comparable in severity to the
others listed in this subsection.
(2) The applications for disabled parking permits and
temporary disabled parking permits are official state documents. Knowingly providing false information in conjunction with the application is a gross misdemeanor punishable
under chapter 9A.20 RCW. The following statement must
appear on each application form immediately below the
physician’s signature and immediately below the applicant’s
signature: "A disabled parking permit may be issued only
for a medical necessity that severely affects mobility (RCW
46.16.381). Knowingly providing false information on this
application is a gross misdemeanor. The penalty is up to
one year in jail and a fine of up to $5,000 or both."
(3) Persons who qualify for special parking privileges
are entitled to receive from the department of licensing a
removable windshield placard bearing the international
symbol of access and an individual serial number, along with
a special identification card bearing the name and date of
birth of the person to whom the placard is issued, and the
placard’s serial number. The special identification card shall
be issued no later than January 1, 2000, to all persons who
are issued parking placards, including those issued for
temporary disabilities, and special disabled parking license
plates. The department shall design the placard to be
displayed when the vehicle is parked by suspending it from
the rearview mirror, or in the absence of a rearview mirror
the card may be displayed on the dashboard of any vehicle
used to transport the disabled person. Instead of regular
motor vehicle license plates, disabled persons are entitled to
receive special license plates bearing the international
symbol of access for one vehicle registered in the disabled
person’s name. Disabled persons who are not issued the
(2002 Ed.)
46.16.376
special license plates are entitled to receive a second special
placard upon submitting a written request to the department.
Persons who have been issued the parking privileges and
who are using a vehicle or are riding in a vehicle displaying
the special license plates or placard may park in places
reserved for mobility disabled persons. The director shall
adopt rules providing for the issuance of special placards and
license plates to public transportation authorities, nursing
homes licensed under chapter 18.51 RCW, boarding homes
licensed under chapter 18.20 RCW, senior citizen centers,
private nonprofit agencies as defined in chapter 24.03 RCW,
and vehicles registered with the department as cabulances
that regularly transport disabled persons who have been
determined eligible for special parking privileges provided
under this section. The director may issue special license
plates for a vehicle registered in the name of the public
transportation authority, nursing home, boarding homes,
senior citizen center, private nonprofit agency, or cabulance
service if the vehicle is primarily used to transport persons
with disabilities described in this section. Public transportation authorities, nursing homes, boarding homes, senior
citizen centers, private nonprofit agencies, and cabulance
services are responsible for insuring that the special placards
and license plates are not used improperly and are responsible for all fines and penalties for improper use.
(4) Whenever the disabled person transfers or assigns
his or her interest in the vehicle, the special license plates
shall be removed from the motor vehicle. If another vehicle
is acquired by the disabled person and the vehicle owner
qualifies for a special plate, the plate shall be attached to the
vehicle, and the director shall be immediately notified of the
transfer of the plate. If another vehicle is not acquired by
the disabled person, the removed plate shall be immediately
surrendered to the director.
(5) The special license plate shall be renewed in the
same manner and at the time required for the renewal of
regular motor vehicle license plates under this chapter. No
special license plate may be issued to a person who is
temporarily disabled. A person who has a condition expected to improve within six months may be issued a temporary
placard for a period not to exceed six months. If the condition exists after six months a new temporary placard shall
be issued upon receipt of a new certification from the
disabled person’s physician. The permanent parking placard
and identification card of a disabled person shall be renewed
at least every five years, as required by the director, by
satisfactory proof of the right to continued use of the
privileges. In the event of the permit holder’s death, the
parking placard and identification card must be immediately
surrendered to the department. The department shall match
and purge its disabled permit data base with available death
record information at least every twelve months.
(6) Each person who has been issued a permanent
disabled parking permit on or before July 1, 1998, must
renew the permit no later than July 1, 2003, subject to a
schedule to be set by the department, or the permit will
expire.
(7) Additional fees shall not be charged for the issuance
of the special placards or the identification cards. No
additional fee may be charged for the issuance of the special
license plates except the regular motor vehicle registration
[Title 46 RCW—page 65]
46.16.381
Title 46 RCW: Motor Vehicles
fee and any other fees and taxes required to be paid upon
registration of a motor vehicle.
(8) Any unauthorized use of the special placard, special
license plate, or identification card is a traffic infraction with
a monetary penalty of two hundred fifty dollars.
(9) It is a parking infraction, with a monetary penalty of
two hundred fifty dollars for a person to make inaccessible
the access aisle located next to a space reserved for physically disabled persons. The clerk of the court shall report all
violations related to this subsection to the department.
(10) It is a parking infraction, with a monetary penalty
of two hundred fifty dollars for any person to park a vehicle
in a parking place provided on private property without
charge or on public property reserved for physically disabled
persons without a special license plate or placard. If a
person is charged with a violation, the person shall not be
determined to have committed an infraction if the person
produces in court or before the court appearance the special
license plate or placard required under this section. A local
jurisdiction providing nonmetered, on-street parking places
reserved for physically disabled persons may impose by
ordinance time restrictions of no less than four hours on the
use of these parking places. A local jurisdiction may impose
by ordinance time restrictions of no less than four hours on
the use of nonreserved, on-street parking spaces by vehicles
displaying the special parking placards. All time restrictions
must be clearly posted.
(11) The penalties imposed under subsections (9) and
(10) of this section shall be used by that local jurisdiction
exclusively for law enforcement. The court may also impose
an additional penalty sufficient to reimburse the local jurisdiction for any costs it may have incurred in removal and
storage of the improperly parked vehicle.
(12) Except as provided by subsection (2) of this
section, it is a traffic infraction with a monetary penalty of
two hundred fifty dollars for any person willfully to obtain
a special license plate, placard, or identification card in a
manner other than that established under this section.
(13)(a) A law enforcement agency authorized to enforce
parking laws may appoint volunteers, with a limited commission, to issue notices of infractions for violations of this
section or RCW 46.61.581. Volunteers must be at least
twenty-one years of age. The law enforcement agency
appointing volunteers may establish any other qualifications
the agency deems desirable.
(b) An agency appointing volunteers under this section
must provide training to the volunteers before authorizing
them to issue notices of infractions.
(c) A notice of infraction issued by a volunteer appointed under this subsection has the same force and effect as a
notice of infraction issued by a police officer for the same
offense.
(d) A police officer or a volunteer may request a person
to show the person’s identification card or special parking
placard when investigating the possibility of a violation of
this section. If the request is refused, the person in charge
of the vehicle may be issued a notice of infraction for a
violation of this section.
(14) For second or subsequent violations of this section,
in addition to a monetary fine, the violator must complete a
minimum of forty hours of:
[Title 46 RCW—page 66]
(a) Community restitution for a nonprofit organization
that serves the disabled community or persons having
disabling diseases; or
(b) Any other community restitution that may sensitize
the violator to the needs and obstacles faced by persons who
have disabilities.
(15) The court may not suspend more than one-half of
any fine imposed under subsection (8), (9), (10), or (12) of
this section. [2002 c 175 § 33; 2001 c 67 § 1; 1999 c 136
§ 1; 1998 c 294 § 1; 1995 c 384 § 1; 1994 c 194 § 6; 1993
c 106 § 1; 1992 c 148 § 1; 1991 c 339 § 21; 1990 c 24 § 1;
1986 c 96 § 1; 1984 c 154 § 2.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—1984 c 154: "The legislature intends to extend special
parking privileges to persons with disabilities that substantially impair
mobility." [1984 c 154 § 1.]
Application—1984 c 154: "This act applies to special license plates,
cards, or decals issued after June 7, 1984. Nothing in this act invalidates
special license plates, cards, or decals issued before June 7, 1984." [1984
c 154 § 9.]
Severability—1984 c 154: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 154 § 10.]
Accessible parking spaces required: RCW 70.92.140.
46.16.390 Special plate or card issued by another
jurisdiction. A special license plate or card issued by
another state or country that indicates an occupant of the
vehicle is disabled, entitles the vehicle on or in which it is
displayed and being used to transport the disabled person to
lawfully park in a parking place reserved for physically
disabled persons pursuant to chapter 70.92 RCW or authority
implemental thereof. [1991 c 339 § 22; 1984 c 51 § 1.]
46.16.450 Appeals to superior court from suspension, revocation, cancellation, or refusal of license or
certificate. See RCW 46.12.240.
46.16.460 Nonresident members of armed forces—
Issuance of temporary license. Upon the payment of a fee
of ten dollars therefor, the department of licensing shall issue
a temporary motor vehicle license for a motor vehicle in this
state for a period of forty-five days when such motor vehicle
has been or is being purchased by a nonresident member of
the armed forces of the United States and an application,
accompanied with prepayment of required fees, for out of
state registration has been made by the purchaser. [1979 c
158 § 141; 1967 c 202 § 4.]
46.16.470 Temporary license—Display. The temporary license provided for in RCW 46.16.460 shall be carried
on the interior of the motor vehicle in such a way as to be
clearly visible from outside the vehicle. [1967 c 202 § 5.]
46.16.480 Nonresident members of armed forces—
Exemption from sales, use, or motor vehicle excise
taxes—Extent of exemption. The original purchaser of a
motor vehicle, for which a temporary license as provided in
RCW 46.16.460 has been issued, shall not be subject to the
sales tax, use tax, or motor vehicle excise tax during the effective period of such license or thereafter unless the motor
(2002 Ed.)
Vehicle Licenses
vehicle, after the effective period of such license, is still in
this state or within a period of one year after the effective
period of such license is returned to this state. [1967 c 202
§ 6.]
46.16.490 Nonresident members of armed forces—
Rules and regulations—Proof. The department of licensing
shall prescribe rules and regulations governing the administration of RCW 46.16.460 through 46.16.490. The department may require that adequate proof of the facts asserted in
the application for a temporary license shall be made before
the temporary license shall be granted. [1979 c 158 § 142;
1967 c 202 § 7.]
46.16.500 Liability of operator, owner, lessee for
violations. Whenever an act or omission is declared to be
unlawful in chapter 46.16 RCW, if the operator of the
vehicle is not the owner or lessee of such vehicle, but is so
operating or moving the vehicle with the express or implied
permission of the owner or lessee, then the operator and/or
owner or lessee are both subject to the provisions of this
chapter with the primary responsibility to be that of the
owner or lessee.
If the person operating the vehicle at the time of the
unlawful act or omission is not the owner or lessee of the
vehicle, such person is fully authorized to accept the citation
and execute the promise to appear on behalf of the owner or
lessee. [1980 c 104 § 3; 1969 ex.s. c 69 § 2.]
46.16.505 Campers—License and plates—
Application—Fee. It shall be unlawful for a person to
operate any vehicle equipped with a camper over and along
a public highway of this state without first having obtained
and having in full force and effect a current and proper
camper license and displaying a camper license number plate
therefor as required by law: PROVIDED, HOWEVER, That
if a camper is part of the inventory of a manufacturer or
dealer and is unoccupied at all times, and a dated demonstration permit, valid for no more than seventy-two hours is
carried in the motor vehicle at all times it is operated by any
such individual, such camper may be demonstrated if carried
upon an appropriately licensed vehicle.
Application for an original camper license shall be made
on a form furnished for the purpose by the director. Such
application shall be made by the owner of the camper or his
duly authorized agent over the signature of such owner or
agent, and he shall certify that the statements therein are true
and to the best of his knowledge. The application must
show:
(1) Name and address of the owner of the camper;
(2) Trade name of the camper, model, year, and the
serial number thereof;
(3) Such other information as the director requires.
There shall be paid and collected annually for each
registration year or fractional part thereof and upon each
camper a license fee or, if the camper was previously licensed in this state and has not been registered in another
jurisdiction in the intervening period, a renewal license fee.
Such license fee shall be in the sum of four dollars and
ninety cents, and such renewal license fee shall be in the
sum of three dollars and fifty cents.
(2002 Ed.)
46.16.480
Except as otherwise provided for in this section, the
provisions of chapter 46.16 RCW shall apply to campers in
the same manner as they apply to vehicles. [1975 1st ex.s.
c 118 § 11; 1975 c 41 § 1; 1971 ex.s. c 231 § 7.]
Effective date—Severability—1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
Effective date—1971 ex.s. c 231: See note following RCW
46.01.130.
46.16.560 Personalized license plates—Defined.
Personalized license plates, as used in this chapter, means
license plates that have displayed upon them the registration
number assigned to the vehicle or camper for which such
registration number was issued in a combination of letters or
numbers, or both, requested by the owner of the vehicle or
camper in accordance with this chapter. [1975 c 59 § 1;
1973 1st ex.s. c 200 § 2.]
Personalized license plates—Legislative declaration: "It is declared
to be the public policy of the state of Washington to direct financial
resources of this state toward the support and aid of the wildlife resources
existing within the state of Washington in order that the general welfare of
these inhabitants of the state be served. For the purposes of *this chapter,
wildlife resources are understood to be those species of wildlife other than
that managed by the department of fisheries under their existing jurisdiction
as well as all unclassified marine fish, shellfish, and marine invertebrates
which shall remain under the jurisdiction of the director of fisheries. The
legislature further finds that the preservation, protection, perpetuation, and
enhancement of such wildlife resources of the state is of major concern to
it, and that aid for a satisfactory environment and ecological balance in this
state for such wildlife resources serves a public interest, purpose, and desire.
It is further declared that such preservation, protection, perpetuation,
and enhancement can be fostered through financial support derived on a
voluntary basis from those citizens of the state of Washington who wish to
assist in such objectives; that a desirable manner of accomplishing this is
through offering personalized license plates for certain vehicles and campers
the fees for which are to be directed to the state treasury to the credit of the
state **game fund for the furtherance of the programs, policies, and
activities of the state **game department in preservation, protection,
perpetuation, and enhancement of the wildlife resources that abound within
the geographical limits of the state of Washington.
In particular, the legislature recognizes the benefit of this program to
be specifically directed toward those species of wildlife including but not
limited to song birds, protected wildlife, rare and endangered wildlife,
aquatic life, and specialized-habitat types, both terrestrial and aquatic, as
well as all unclassified marine fish, shellfish, and marine invertebrates
which shall remain under the jurisdiction of the director of fisheries that
exist within the limits of the state of Washington." [1975 c 59 § 7; 1973
1st ex.s. c 200 § 1. Formerly RCW 77.12.175.]
Reviser’s note: *(1) The term "this chapter" refers to chapter 77.12
RCW, where this section was originally codified, pursuant to legislative
directive, as RCW 77.12.175. It was subsequently decodified by 1980 c 78
§ 32.
**(2) References to the "game fund" and "department of game" mean
the "wildlife fund" and "department of wildlife." See note following RCW
77.04.020.
46.16.565 Personalized license plates—Application.
Any person who is the registered owner of a passenger
motor vehicle, a motor truck, a trailer, a camper, a private
bus, or a motorcycle registered with the department, excluding proportionally registered vehicles, or who makes application for an original registration or renewal registration of
such vehicle or camper may, upon payment of the fee
prescribed in RCW 46.16.585, apply to the department for
personalized license plates, in the manner described in RCW
46.16.580, which plates shall be affixed to the vehicle or
camper for which registration is sought in lieu of the regular
[Title 46 RCW—page 67]
46.16.565
Title 46 RCW: Motor Vehicles
license plates. [1985 c 173 § 1; 1983 c 27 § 4; 1975 c 59
§ 2; 1973 1st ex.s. c 200 § 3.]
that are not renewed must be surrendered to the department,
and failure to do so is a traffic infraction. [1979 ex.s. c 136
§ 51; 1975 c 59 § 4; 1973 1st ex.s. c 200 § 7.]
46.16.570 Personalized license plates—Design. The
personalized license plates shall be the same design as
regular license plates, and shall consist of numbers or letters,
or any combination thereof not exceeding seven positions
unless proposed by the department and approved by the
Washington state patrol and not less than one position, to the
extent that there are no conflicts with existing passenger,
commercial, trailer, motorcycle, or special license plates
series or with the provisions of RCW 46.16.230 or
46.16.235: PROVIDED, That the maximum number of
positions on personalized license plates for motorcycles shall
be designated by the department. [1986 c 108 § 1; 1983 1st
ex.s. c 24 § 1; 1975 c 59 § 3; 1973 1st ex.s. c 200 § 4.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective dates—1983 1st ex.s. c 24: "Section 2 of this act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of state government and its existing public institutions,
and shall take effect on July 1, 1983. Section 1 of this act takes effect on
July 1, 1984." [1983 1st ex.s. c 24 § 4.]
46.16.575 Personalized license plates—Issuance to
registered owner only. Personalized license plates shall be
issued only to the registered owner of a vehicle on which
they are to be displayed. [1973 1st ex.s. c 200 § 5.]
46.16.580 Personalized license plates—Application
requirements. An applicant for issuance of personalized
license plates or renewal of such plates in the subsequent
year pursuant to this chapter shall file an application therefor
in such form and by such date as the department may
require, indicating thereon the combination of letters or
numbers, or both, requested as a vehicle license plate
number. There shall be no duplication or conflict with existing or projected vehicle license plate series or other numbering systems for records kept by the department, and the
department may refuse to issue any combination of letters or
numbers, or both, that may carry connotations offensive to
good taste and decency or which would be misleading or a
duplication of license plates provided for in chapter 46.16
RCW. [1973 1st ex.s. c 200 § 6.]
46.16.585 Personalized license plates—Fees—
Renewal—Penalty. In addition to the regular registration
fee, and any other fees and taxes required to be paid upon
registration, the applicant shall be charged a fee of thirty
dollars. In addition to the regular renewal fee, and in
addition to any other fees and taxes required to be paid, the
applicant for a renewal of such plates shall be charged an
additional fee of twenty dollars: PROVIDED, That any
person who purchased personalized license plates containing
three letters and three digits on or between the dates of
August 9, 1971, and November 6, 1973, shall not be
required to pay the additional annual renewal fee of twenty
dollars commencing with the year 1976. All personalized
license plates must be renewed on an annual basis, regardless of whether a vehicle on which they are displayed will
not be driven on public highways or may also be eligible to
display permanent license plates valid for the life of such
vehicle without annual renewal. Personalized license plates
[Title 46 RCW—page 68]
46.16.590 Personalized license plates—Transfer
fees. Whenever any person who has been issued personalized license plates applies to the department for transfer of
such plates to a subsequently acquired vehicle or camper
eligible for personalized license plates, a transfer fee of five
dollars shall be charged in addition to all other appropriate
fees. Such transfer fees shall be deposited in the motor
vehicle fund. [1975 c 59 § 5; 1973 1st ex.s. c 200 § 8.]
46.16.595 Personalized license plates—Transfer or
surrender upon sale or release of vehicle—Penalty. When
any person who has been issued personalized license plates
sells, trades, or otherwise releases ownership of the vehicle
upon which the personalized license plates have been
displayed, he shall immediately report the transfer of such
plates to an acquired vehicle or camper eligible for personalized license plates, pursuant to RCW 46.16.590, or he shall
surrender such plates to the department forthwith and release
his priority to the letters or numbers, or combination thereof,
displayed on the personalized license plates. Failure to
surrender such plates is a traffic infraction. [1979 ex.s. c
136 § 52; 1975 c 59 § 6; 1973 1st ex.s. c 200 § 9.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.16.600 Personalized license plates—Rules and
regulations. The director of licensing may establish such
rules and regulations as may be necessary to carry out the
purposes of RCW 46.16.560 through 46.16.595. [1979 c 158
§ 143; 1973 1st ex.s. c 200 § 10.]
46.16.605 Personalized license plates—Disposition
of fees—Costs. All revenue derived from the fees provided
for in RCW 46.16.585 shall be forwarded to the state
treasurer and be deposited to the credit of the state wildlife
fund to be used for the preservation, protection, perpetuation,
and enhancement of nongame species of wildlife including
but not limited to song birds, raptors, protected wildlife, rare
and endangered wildlife, aquatic life, and specialized-habitat
types, both terrestrial and aquatic, as well as all unclassified
marine fish, shellfish, and marine invertebrates.
Administrative costs incurred by the department of
licensing as a direct result of RCW 46.16.560 through
46.16.605 and 77.12.170 shall be appropriated by the legislature from the state wildlife fund from those funds deposited therein resulting from the sale of personalized license
plates. If the actual costs incurred by the department of
licensing are less than that which has been appropriated by
the legislature the remainder shall revert to the state wildlife
fund. [1988 c 36 § 27; 1983 1st ex.s. c 24 § 2; 1983 c 3 §
118; 1979 c 158 § 144; 1973 1st ex.s. c 200 § 11.]
Effective dates—1983 1st ex.s. c 24: See note following RCW
46.16.570.
State wildlife fund: RCW 77.12.170.
(2002 Ed.)
Vehicle Licenses
46.16.606 Personalized license plates—Additional
fee. In addition to the fees imposed in RCW 46.16.585 for
application and renewal of personalized license plates an
additional fee of ten dollars shall be charged. The revenue
from the additional fee shall be deposited in the state
wildlife fund and used for the management of resources
associated with the nonconsumptive use of wildlife. [1991
sp.s. c 7 § 13.]
Effective date—1991 sp.s. c 7: See note following RCW 77.65.450.
46.16.630 Moped registration. Application for
registration of a moped shall be made to the department of
licensing in such manner and upon such forms as the department shall prescribe, and shall state the name and address of
each owner of the moped to be registered, the vehicle
identification number, and such other information as the
department may require, and shall be accompanied by a
registration fee of thirty dollars. Upon receipt of the
application and the application fee, the moped shall be
registered and a registration number assigned, which shall be
affixed to the moped in the manner as provided by rules
adopted by the department. The registration provided in this
section shall be valid for a period of twelve months.
Every owner of a moped in this state shall renew the
registration, in such manner as the department shall prescribe, for an additional period of twelve months, upon payment of a renewal fee of thirty dollars.
Any person acquiring a moped already validly registered
must, within fifteen days of the acquisition or purchase of
the moped, make application to the department for transfer
of the registration, and the application shall be accompanied
by a transfer fee of five dollars.
The registration fees provided in this section shall be in
lieu of any personal property tax or the vehicle excise tax
imposed by chapter 82.44 RCW.
The department shall, at the time the registration number
is assigned, make available a decal or other identifying
device to be displayed on the moped. A fee of one dollar
and fifty cents shall be charged for the decal or other
identifying device.
The provisions of RCW 46.01.130 and 46.01.140 shall
apply to applications for the issuance of registration numbers
or renewals or transfers thereof for mopeds as they do to the
issuance of vehicle licenses, the appointment of agents, and
the collection of application fees. Except for the fee
collected pursuant to RCW 46.01.140, all fees collected
under this section shall be deposited in the motor vehicle
fund. [2002 c 352 § 9; 1997 c 241 § 11; 1979 ex.s. c 213
§ 5.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Drivers’ license, motorcycle endorsement, moped exemption: RCW
46.20.500.
Operation and safety standards for mopeds: RCW 46.61.710, 46.61.720.
46.16.606
operator’s license: RCW 46.20.109.
public roadways, operating on: RCW 46.61.730.
safety standards: RCW 46.37.610.
46.16.670 Boat trailers—Fee for freshwater aquatic
weeds account. In addition to any other fee required under
this chapter, boat trailers shall annually pay a fee of three
dollars. The proceeds of this fee shall be deposited in the
freshwater aquatic weeds account under RCW 43.21A.650.
[1991 c 302 § 3.]
Effective date—1991 c 302: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1991, except section 3 of this act shall be effective for vehicle registrations
that expire August 31, 1992, and thereafter." [1991 c 302 § 6.]
Findings—1991 c 302: See note following RCW 43.21A.650.
46.16.680 Kit vehicles. All kit vehicles are licensed
as original transactions when first titled in Washington, and
the following provisions apply:
(1) The department of licensing shall charge original
licensing fees and issue new plates appropriate to the use
class.
(2) An inspection by the Washington state patrol is
required to determine the correct identification number, and
year or make if needed.
(3) The use class is the actual use of the vehicle, i.e.
passenger car or truck.
(4) The make shall be listed as "KITV," and the series
and body designation must describe what the vehicle looks
like, i.e. 48 Bradley GT, 57 MG, and must include the word
"replica."
(5) Upon payment of original licensing fees the department may license a kit vehicle under RCW 46.16.305(1) as
a street rod if the vehicle is manufactured to have the same
appearance as a similar vehicle manufactured before 1949.
(6) For a manufactured new vehicle kit and a manufactured body kit, the model year of the vehicle is the year
reflected on the manufacturer’s certificate of origin for that
vehicle. If this is not available, the Washington state patrol
shall assign a model year at the time of inspection.
(7) The vehicle identification number (VIN) of a new
vehicle kit and body kit is the vehicle identification number
as reflected on the manufacturer’s certificate of origin. If
the VIN is not available, the Washington state patrol shall
assign a VIN at the time of inspection. [1996 c 225 § 10.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.16.900 Severability—1973 1st ex.s. c 132. If any
provision of this 1973 amendatory act is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder
of the amendatory act and the applicability thereof to persons
and circumstances shall not be affected thereby. [1973 1st
ex.s. c 132 § 24.]
46.16.640 Wheelchair conveyances. Wheelchair
conveyances that are incapable of complying with RCW
46.37.340 shall be licensed in the manner provided for
mopeds in RCW 46.16.630. [1983 c 200 § 2.]
Severability—1983 c 200: See note following RCW 46.04.710.
Wheelchair conveyances
definition: RCW 46.04.710.
(2002 Ed.)
[Title 46 RCW—page 69]
Chapter 46.20
Title 46 RCW: Motor Vehicles
Sections
DRIVER’S LICENSE AND PERMIT REQUIREMENTS
46.20.001
46.20.005
46.20.015
46.20.017
46.20.021
46.20.022
46.20.024
46.20.025
46.20.027
46.20.031
46.20.035
46.20.041
46.20.045
46.20.049
46.20.055
46.20.065
46.20.070
46.20.075
License required—Rights and restriction.
Driving without a license—Misdemeanor, when.
Driving without a license—Traffic infraction, when.
Immediate possession and displayed on demand.
New residents.
Unlicensed drivers—Subject to Title 46 RCW.
Unlawful to allow unauthorized minors to drive.
Exemptions.
Armed forces, dependents.
Ineligibility.
Proof of identity.
Physically or mentally disabled persons.
School bus, for hire drivers—Age.
Commercial driver’s license—Additional fee, disposition.
Instruction permit.
Temporary permit.
Juvenile agricultural driving permit.
Intermediate license.
OBTAINING OR RENEWING A DRIVER’S LICENSE
46.20.091
Application—Penalty for false statement—Driving records
from and to other jurisdictions.
46.20.0921 Violations—Penalty.
46.20.093 Bicycle safety.
46.20.095 Instructional publication information.
46.20.100 Persons under eighteen.
46.20.105 Identifying types of licenses and permits.
46.20.109 Wheelchair conveyances.
46.20.113 Anatomical gift statement.
46.20.114 Preventing alteration or reproduction.
46.20.117 Identicards.
46.20.118 Negative file.
46.20.119 Reasonable rules.
46.20.120 Examinations—Waiver—Out-of-state renewals—Fees.
46.20.130 Content and conduct of examinations.
46.20.153 Voter registration—Posting signs.
46.20.155 Voter registration—Services.
46.20.157 Data to department of information services—Confidentiality.
46.20.161 Issuance of license—Contents—Fee.
46.20.181 Expiration date—Renewal—Fees—Penalty.
46.20.185 Photograph during renewal.
46.20.187 Registration of sex offenders.
46.20.200 Lost, destroyed, corrected licenses or permits.
46.20.205 Change of address or name.
RESTRICTING THE DRIVING PRIVILEGE
46.20.207
46.20.215
Cancellation.
Nonresidents—Suspension or revocation—Reporting offenders.
46.20.220 Vehicle rentals—Records.
46.20.265 Juvenile driving privileges—Revocation for alcohol or drug
violations.
46.20.267 Intermediate licensees.
46.20.270 Conviction of offense requiring suspension or revocation—
Procedures, records, reporting, definition.
46.20.285 Offenses requiring revocation.
46.20.286 Adoption of procedures.
46.20.289 Suspension for failure to respond, appear, etc.
46.20.291 Authority to suspend—Grounds.
46.20.292 Finding of juvenile court officer.
46.20.293 Minor’s record to juvenile court, parents, or guardians.
46.20.300 Extraterritorial convictions.
46.20.305 Incompetent, unqualified driver—Reexamination—
Physician’s certificate—Action by department.
46.20.308 Implied consent—Test refusal—Procedures.
46.20.3101 Implied consent—License sanctions, length of.
46.20.311 Duration of license sanctions—Reissuance or renewal.
46.20.315 Surrender of license.
46.20.317 Unlicensed drivers.
[Title 46 RCW—page 70]
46.20.320
Suspension, etc., effective although certificate not delivered.
46.20.322
Chapter 46.20
DRIVERS’ LICENSES—IDENTICARDS
Interview before suspension, etc.—Exceptions—Appearance
of minor’s parent or guardian.
Notice of interview—Contents.
Persons not entitled to interview or hearing.
Suspension or probation before interview—Alternative procedure.
Failure to appear or request interview constitutes waiver—
Procedure.
Conduct of interview—Referee—Evidence—Not deemed
hearing.
Findings and notification after interview—Request for formal hearing.
Formal hearing—Procedures, notice, stay.
Hearing and decision by director’s designee.
Formal hearing—Evidence—Subpoenas—Reexamination—
Findings and recommendations.
Decision after formal hearing.
Appeal to superior court.
Probation in lieu of suspension or revocation.
DRIVER IMPROVEMENT
46.20.323
46.20.324
46.20.325
46.20.326
46.20.327
46.20.328
46.20.329
46.20.331
46.20.332
46.20.333
46.20.334
46.20.335
DRIVING OR USING LICENSE WHILE SUSPENDED OR REVOKED
46.20.338
46.20.342
46.20.345
46.20.349
46.20.355
Display or possession of invalidated license or identicard.
Driving while license invalidated—Penalties—Extension of
invalidation.
Operation under other license or permit while license suspended or revoked—Penalty.
Stopping vehicle of suspended or revoked driver.
Alcohol violator—Probationary license.
OCCUPATIONAL DRIVER’S LICENSE
46.20.380
46.20.391
46.20.394
46.20.400
46.20.410
Fee.
Application—Eligibility—Restrictions—Cancellation.
Detailed restrictions—Violation.
Obtaining new driver’s license—Surrender of order and
occupational driver’s license.
Penalty.
MOTORCYCLES
46.20.500
46.20.505
46.20.510
46.20.515
46.20.520
Special endorsement—Exceptions.
Endorsement fees, amount and distribution.
Instruction permit—Fee.
Examination—Emphasis—Waiver.
Training and education program—Advisory board.
ALCOHOL DETECTION DEVICES
46.20.710
46.20.720
46.20.740
46.20.750
Legislative finding.
Drivers convicted of alcohol offenses.
Notation on driving record—Penalty.
Assisting another in starting or operating—Penalty.
MISCELLANEOUS
46.20.900 Repeal and saving.
46.20.910 Severability—1965 ex.s. c 121.
46.20.911 Severability, implied consent law—1969 c 1.
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Traffic infractions—Monetary penalty schedule—IRLJ 6.2.
Allowing unauthorized person to drive—Penalty: RCW 46.16.011.
Juvenile driving privileges, alcohol or drug violations: RCW 66.44.365,
69.50.420.
DRIVER’S LICENSE AND PERMIT REQUIREMENTS
46.20.001 License required—Rights and restriction.
(1) No person may drive a motor vehicle upon a highway in
this state without first obtaining a valid driver’s license
issued to Washington residents under this chapter. The only
exceptions to this requirement are those expressly allowed by
RCW 46.20.025.
(2002 Ed.)
Drivers’ Licenses—Identicards
(2) A person licensed as a driver under this chapter:
(a) May exercise the privilege upon all highways in this
state;
(b) May not be required by a political subdivision to
obtain any other license to exercise the privilege; and
(c) May not have more than one valid driver’s license
at any time. [1999 c 6 § 3.]
Intent—1999 c 6: See note following RCW 46.04.168.
46.20.005 Driving without a license—Misdemeanor,
when. Except as expressly exempted by this chapter, it is a
misdemeanor for a person to drive any motor vehicle upon
a highway in this state without a valid driver’s license issued
to Washington residents under this chapter. This section
does not apply if at the time of the stop the person is not in
violation of RCW 46.20.342(1) or *46.20.420 and has in his
or her possession an expired driver’s license or other valid
identifying documentation under RCW 46.20.035. A
violation of this section is a lesser included offense within
the offenses described in RCW 46.20.342(1) or *46.20.420.
[1997 c 66 § 1.]
*Reviser’s note: RCW 46.20.420 was recodified as RCW 46.20.345,
June 1999.
46.20.015 Driving without a license—Traffic
infraction, when. (1) Except as expressly exempted by this
chapter, it is a traffic infraction and not a misdemeanor
under RCW 46.20.005 if a person:
(a) Drives any motor vehicle upon a highway in this
state without a valid driver’s license issued to Washington
residents under this chapter in his or her possession;
(b) Provides the citing officer with an expired driver’s
license or other valid identifying documentation under RCW
46.20.035 at the time of the stop; and
(c) Is not driving while suspended or revoked in
violation of RCW 46.20.342(1) or *46.20.420.
(2) A person who violates this section is subject to a
penalty of two hundred fifty dollars. If the person appears
in person before the court or submits by mail written proof
that he or she obtained a valid license after being cited, the
court shall reduce the penalty to fifty dollars. [1999 c 6 §
4; 1997 c 66 § 2.]
*Reviser’s note: RCW 46.20.420 was recodified as RCW 46.20.345,
June 1999.
Intent—1999 c 6: See note following RCW 46.04.168.
46.20.017 Immediate possession and displayed on
demand. Every licensee shall have his driver’s license in
his immediate possession at all times when operating a
motor vehicle and shall display the same upon demand to
any police officer or to any other person when and if
required by law to do so. The offense described in this
section is a nonmoving offense. [1979 ex.s. c 136 § 56;
1965 ex.s. c 121 § 15; 1961 c 12 § 46.20.190. Prior: 1937
c 188 § 59; RRS § 6312-59; 1921 c 108 § 7, part; RRS §
6369, part. Formerly RCW 46.20.190.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Driver’s license, duty to display under other circumstances: RCW
46.52.020, 46.61.020, 46.61.021.
(2002 Ed.)
46.20.001
46.20.021 New residents. (1) New Washington
residents must obtain a valid Washington driver’s license
within thirty days from the date they become residents.
(2) To qualify for a Washington driver’s license, a
person must surrender to the department all valid driver’s
licenses that any other jurisdiction has issued to him or her.
The department must invalidate the surrendered photograph
license and may return it to the person.
(a) The invalidated license, along with a valid temporary
Washington driver’s license provided for in RCW 46.20.065,
is proper identification.
(b) The department shall notify the previous issuing
department that the licensee is now licensed in a new
jurisdiction.
(3) For the purposes of obtaining a valid driver’s
license, a resident is a person who manifests an intent to live
or be located in this state on more than a temporary or
transient basis. Evidence of residency includes but is not
limited to:
(a) Becoming a registered voter in this state; or
(b) Receiving benefits under one of the Washington
public assistance programs; or
(c) Declaring residency for the purpose of obtaining a
state license or tuition fees at resident rates.
(4)(a) "Washington public assistance programs" means
public assistance programs that receive more than fifty
percent of the combined costs of benefits and administration
from state funds.
(b) "Washington public assistance programs" does not
include:
(i) The Food Stamp program under the federal Food
Stamp Act of 1964;
(ii) Programs under the Child Nutrition Act of 1966, 42
U.S.C. Secs. 1771 through 1788;
(iii) Temporary Assistance for Needy Families; and
(iv) Any other program that does not meet the criteria
of (a) of this subsection. [1999 c 6 § 5. Prior: 1997 c 66
§ 3; 1997 c 59 § 8; 1996 c 307 § 5; prior: 1991 c 293 § 3;
1991 c 73 § 1; 1990 c 250 § 33; 1988 c 88 § 1; 1985 c 302
§ 2; 1979 ex.s. c 136 § 53; 1965 ex.s. c 121 § 2.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Purpose—Construction—1965 ex.s. c 121: "With the advent of
greatly increased interstate vehicular travel and the migration of motorists
between the states, the legislature recognizes the necessity of enacting driver
licensing laws which are reasonably uniform with the laws of other states
and are at the same time based upon sound, realistic principles, stated in
clear explicit language. To achieve these ends the legislature does hereby
adopt this 1965 amendatory act relating to driver licensing modeled after the
Uniform Vehicle Code subject to such variances as are deemed better suited
to the people of this state. It is intended that this 1965 amendatory act be
liberally construed to effectuate the purpose of improving the safety of our
highways through driver licensing procedures within the framework of the
traditional freedoms to which every motorist is entitled." [1965 ex.s. c 121
§ 1.]
46.20.022 Unlicensed drivers—Subject to Title 46
RCW. Any person who operates a motor vehicle on the
public highways of this state without a driver’s license or
nonresident privilege to drive shall be subject to all of the
[Title 46 RCW—page 71]
46.20.022
Title 46 RCW: Motor Vehicles
provisions of Title 46 RCW to the same extent as a person
who is licensed. [1975-’76 2nd ex.s. c 29 § 1.]
Allowing unauthorized person to drive: RCW 46.16.011, 46.20.024.
46.20.024 Unlawful to allow unauthorized minors to
drive. No person shall cause or knowingly permit his child
or ward under the age of eighteen years to drive a motor
vehicle upon any highway when such minor is not authorized hereunder or in violation of any of the provisions of
this chapter. [1965 ex.s. c 121 § 44. Formerly RCW
46.20.343.]
46.20.025 Exemptions. The following persons may
operate a motor vehicle on a Washington highway without
a valid Washington driver’s license:
(1) A member of the United States Army, Navy, Air
Force, Marine Corps, or Coast Guard, or in the service of
the National Guard of this state or any other state, if licensed
by the military to operate an official motor vehicle in such
service;
(2) A nonresident driver who is at least:
(a) Sixteen years of age and has immediate possession
of a valid driver’s license issued to the driver by his or her
home state; or
(b) Fifteen years of age with:
(i) A valid instruction permit issued to the driver by his
or her home state; and
(ii) A licensed driver who has had at least five years of
driving experience occupying a seat beside the driver; or
(c) Sixteen years of age and has immediate possession
of a valid driver’s license issued to the driver by his or her
home country. A nonresident driver may operate a motor
vehicle in this state under this subsection (2)(c) for up to one
year;
(3) Any person operating special highway construction
equipment as defined in RCW 46.16.010;
(4) Any person while driving or operating any farm
tractor or implement of husbandry that is only incidentally
operated or moved over a highway; or
(5) An operator of a locomotive upon rails, including a
railroad crossing over a public highway. A locomotive
operator is not required to display a driver’s license to any
law enforcement officer in connection with the operation of
a locomotive or train within this state. [1999 c 6 § 6; 1993
c 148 § 1; 1979 c 75 § 1; 1965 ex.s. c 121 § 3.]
Intent—1999 c 6: See note following RCW 46.04.168.
46.20.027 Armed forces, dependents. A Washington
state motor vehicle driver’s license issued to any service
member if valid and in force and effect while such person is
serving in the armed forces, shall remain in full force and
effect so long as such service continues unless the same is
sooner suspended, canceled, or revoked for cause as provided by law and for not to exceed ninety days following the
date on which the holder of such driver’s license is honorably separated from service in the armed forces of the
United States. A Washington state driver’s license issued to
the spouse or dependent child of such service member likewise remains in full force and effect if the person is residing
with the service member.
[Title 46 RCW—page 72]
For purposes of this section, "service member" means
every person serving in the armed forces whose branch of
service as of the date of application for the driver’s license
is included in the definition of veteran pursuant to RCW
41.04.007 or the person will meet the definition of veteran
at the time of discharge. [2002 c 292 § 3; 1999 c 199 § 1;
1967 c 129 § 1.]
Effective date—1999 c 199: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 7, 1999]." [1999 c 199 § 5.]
46.20.031 Ineligibility. The department shall not issue
a driver’s license to a person:
(1) Who is under the age of sixteen years;
(2) Whose driving privilege has been withheld unless
and until the department may authorize the driving privilege
under RCW 46.20.311;
(3) Who has been classified as an alcoholic, drug addict,
alcohol abuser, or drug abuser by a program approved by the
department of social and health services. The department
may, however, issue a license if the person:
(a) Has been granted a deferred prosecution under
chapter 10.05 RCW; or
(b) Is satisfactorily participating in or has successfully
completed an alcohol or drug abuse treatment program
approved by the department of social and health services and
has established control of his or her alcohol or drug abuse
problem;
(4) Who has previously been adjudged to be mentally ill
or insane, or to be incompetent due to a mental disability or
disease. The department shall, however, issue a license to
the person if he or she otherwise qualifies and:
(a) Has been restored to competency by the methods
provided by law; or
(b) The superior court finds the person able to operate
a motor vehicle with safety upon the highways during such
incompetency;
(5) Who has not passed the driver’s licensing examination required by RCW 46.20.120 and 46.20.305, if applicable;
(6) Who is required under the laws of this state to
deposit proof of financial responsibility and who has not
deposited such proof;
(7) Who is unable to safely operate a motor vehicle
upon the highways due to a physical or mental disability.
The department’s conclusion that a person is barred from
licensing under this subsection must be reasonable and be
based upon good and substantial evidence. This determination is subject to review by a court of competent jurisdiction.
[2002 c 279 § 3; 1999 c 6 § 7; 1995 c 219 § 1; 1993 c 501
§ 2; 1985 c 101 § 1; 1977 ex.s. c 162 § 1; 1965 ex.s. c 121
§ 4.]
Intent—1999 c 6: See note following RCW 46.04.168.
Allowing unauthorized person to drive: RCW 46.16.011, 46.20.024.
Juvenile driving privileges, alcohol or drug violations: RCW 66.44.365,
69.50.420.
46.20.035 Proof of identity. The department may not
issue an identicard or a Washington state driver’s license that
is valid for identification purposes unless the applicant meets
(2002 Ed.)
Drivers’ Licenses—Identicards
the identification requirements of subsection (1), (2), or (3)
of this section.
(1) A driver’s license or identicard applicant must
provide the department with at least one of the following
pieces of valid identifying documentation that contains the
signature and a photograph of the applicant:
(a) A valid or recently expired driver’s license or
instruction permit that includes the date of birth of the
applicant;
(b) A Washington state identicard or an identification
card issued by another state;
(c) An identification card issued by the United States, a
state, or an agency of either the United States or a state, of
a kind commonly used to identify the members or employees
of the government agency;
(d) A military identification card;
(e) A United States passport; or
(f) An Immigration and Naturalization Service form.
(2) An applicant who is a minor may establish identity
by providing an affidavit of the applicant’s parent or
guardian. The parent or guardian must accompany the minor
and display or provide:
(a) At least one piece of documentation in subsection
(1) of this section establishing the identity of the parent or
guardian; and
(b) Additional documentation establishing the relationship between the parent or guardian and the applicant.
(3) A person unable to provide identifying documentation as specified in subsection (1) or (2) of this section may
request that the department review other available documentation in order to ascertain identity. The department may
waive the requirement if it finds that other documentation
clearly establishes the identity of the applicant.
(4) The form of an applicant’s name, as established
under this section, must be the person’s name of record for
the purposes of this chapter.
(5) If the applicant is unable to prove his or her identity
under this section, the department shall plainly label the
license "not valid for identification purposes." [1999 c 6 §
8; 1998 c 41 § 10; 1993 c 452 § 1.]
Intent—1999 c 6: See note following RCW 46.04.168.
Intent—Construction—Effective date—1998 c 41: See notes
following RCW 46.20.265.
46.20.041 Physically or mentally disabled persons.
(1) If the department has reason to believe that a person is
suffering from a physical or mental disability or disease that
may affect that person’s ability to drive a motor vehicle, the
department must evaluate whether the person is able to
safely drive a motor vehicle. As part of the evaluation:
(a) The department shall permit the person to demonstrate personally that notwithstanding the disability or disease
he or she is able to safely drive a motor vehicle.
(b) The department may require the person to obtain a
statement signed by a licensed physician or other proper
authority designated by the department certifying the
person’s condition.
(i) The statement is for the confidential use of the
director and the chief of the Washington state patrol and for
other public officials designated by law. It is exempt from
(2002 Ed.)
46.20.035
public inspection and copying notwithstanding chapter 42.17
RCW.
(ii) The statement may not be offered as evidence in any
court except when appeal is taken from the order of the
director canceling or withholding a person’s driving privilege. However, the department may make the statement
available to the director of the department of retirement
systems for use in determining eligibility for or continuance
of disability benefits and it may be offered and admitted as
evidence in any administrative proceeding or court action
concerning the disability benefits.
(2) On the basis of the evaluation the department may:
(a) Issue or renew a driver’s license to the person
without restrictions;
(b) Cancel or withhold the driving privilege from the
person; or
(c) Issue a restricted driver’s license to the person. The
restrictions must be suitable to the licensee’s driving ability.
The restrictions may include:
(i) Special mechanical control devices on the motor
vehicle operated by the licensee;
(ii) Limitations on the type of motor vehicle that the
licensee may operate; or
(iii) Other restrictions determined by the department to
be appropriate to assure the licensee’s safe operation of a
motor vehicle.
(3) The department may either issue a special restricted
license or may set forth the restrictions upon the usual
license form.
(4) The department may suspend or revoke a restricted
license upon receiving satisfactory evidence of any violation
of the restrictions. In that event the licensee is entitled to a
driver improvement interview and a hearing as provided by
RCW 46.20.322 or 46.20.328.
(5) Operating a motor vehicle in violation of the
restrictions imposed in a restricted license is a traffic
infraction. [1999 c 274 § 12; 1999 c 6 § 9; 1986 c 176 § 1;
1979 ex.s. c 136 § 54; 1979 c 61 § 2; 1965 ex.s. c 121 § 5.]
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.20.045 School bus, for hire drivers—Age. A
person who is under the age of eighteen years shall not
drive:
(1) A school bus transporting school children; or
(2) A motor vehicle transporting persons for compensation. [1999 c 6 § 10; 1971 ex.s. c 292 § 43; 1965 ex.s. c
121 § 6.]
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
46.20.049 Commercial driver’s license—Additional
fee, disposition. There shall be an additional fee for issuing
any class of commercial driver’s license in addition to the
prescribed fee required for the issuance of the original
driver’s license. The additional fee for each class shall not
exceed twenty dollars for the original commercial driver’s license or subsequent renewals, unless the commercial driver’s
license is renewed or extended for a period other than five
years, in which case the fee for each class shall not exceed
[Title 46 RCW—page 73]
46.20.049
Title 46 RCW: Motor Vehicles
four dollars for each year that the commercial driver’s
license is renewed or extended. The fee shall be deposited
in the highway safety fund. [1999 c 308 § 4; 1989 c 178 §
21; 1985 ex.s. c 1 § 7; 1969 ex.s. c 68 § 3; 1967 ex.s. c 20
§ 4. Formerly RCW 46.20.470.]
Effective date—1999 c 308: See note following RCW 46.20.120.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Effective date—1967 ex.s. c 20: "Sections 1, 3, and 4 of this
amendatory act shall be effective January 1, 1968." [1967 ex.s. c 20 § 5.]
46.20.065 Temporary permit. (1) If the department
is completing an investigation and determination of facts
concerning an applicant’s right to receive a driver’s license,
it may issue a temporary driver’s permit to the applicant.
(2) A temporary driver’s permit authorizes the permittee
to drive a motor vehicle for up to sixty days. The permittee
must have immediate possession of the permit while driving
a motor vehicle.
(3) A temporary driver’s permit is invalid if the department has issued a license to the permittee or refused to issue
a license to the permittee for good cause. [1999 c 6 § 12.]
Intent—1999 c 6: See note following RCW 46.04.168.
46.20.055 Instruction permit. (1) Driver’s instruction permit. The department may issue a driver’s instruction permit with or without a photograph to an applicant who
has successfully passed all parts of the examination other
than the driving test, provided the information required by
RCW 46.20.091, paid a fee of fifteen dollars, and meets the
following requirements:
(a) Is at least fifteen and one-half years of age; or
(b) Is at least fifteen years of age and:
(i) Has submitted a proper application; and
(ii) Is enrolled in a traffic safety education program
offered, approved, and accredited by the superintendent of
public instruction or offered by a driving [driver] training
school licensed and inspected by the department of licensing
under chapter 46.82 RCW, that includes practice driving.
(2) Waiver of written examination for instruction
permit. The department may waive the written examination,
if, at the time of application, an applicant is enrolled in:
(a) A traffic safety education course as defined by RCW
28A.220.020(2); or
(b) A course of instruction offered by a licensed driver
training school as defined by RCW 46.82.280(1).
The department may require proof of registration in
such a course as it deems necessary.
(3) Effect of instruction permit. A person holding a
driver’s instruction permit may drive a motor vehicle, other
than a motorcycle, upon the public highways if:
(a) The person has immediate possession of the permit;
and
(b) An approved instructor, or a licensed driver with at
least five years of driving experience, occupies the seat
beside the driver.
(4) Term of instruction permit. A driver’s instruction
permit is valid for one year from the date of issue.
(a) The department may issue one additional one-year
permit.
(b) The department may issue a third driver’s permit if
it finds after an investigation that the permittee is diligently
seeking to improve driving proficiency. [2002 c 352 § 10;
2002 c 195 § 2; 1999 c 274 § 13; 1999 c 6 § 11; 1990 c 250
§ 34; 1986 c 17 § 1; 1985 c 234 § 1; 1981 c 260 § 10.
Prior: 1979 c 63 § 1; 1979 c 61 § 3; 1969 ex.s. c 218 § 8;
1965 ex.s. c 121 § 7.]
Reviser’s note: This section was amended by 2002 c 195 § 2 and by
2002 c 352 § 10, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—2002 c 352: See note following RCW 46.09.070.
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1990 c 250: See note following RCW 46.16.301.
[Title 46 RCW—page 74]
46.20.070 Juvenile agricultural driving permit. (1)
Agricultural driving permit authorized. The director may
issue a juvenile agricultural driving permit to a person under
the age of eighteen years if:
(a) The application is signed by the applicant and the
applicant’s father, mother, or legal guardian;
(b) The applicant has passed the driving examination
required by RCW 46.20.120;
(c) The department has investigated the applicant’s need
for the permit and determined that the need justifies issuance;
(d) The department has determined the applicant is
capable of operating a motor vehicle without endangering
himself or herself or other persons and property; and
(e) The applicant has paid a fee of fifteen dollars.
The permit must contain a photograph of the person.
(2) Effect of agricultural driving permit. (a) The
permit authorizes the holder to:
(i) Drive a motor vehicle on the public highways of this
state in connection with farm work. The holder may drive
only within a restricted farming locality described on the
permit; and
(ii) Participate in the classroom portion of a traffic
safety education course authorized under RCW 28A.220.030
or the classroom portion of a traffic safety education course
offered by a driver training school licensed and inspected by
the department of licensing under chapter 46.82 RCW
offered in the community where the holder resides.
(b) The director may transfer the permit from one
farming locality to another. A transfer is not a renewal of
the permit.
(3) Term and renewal of agricultural driving permit.
An agricultural driving permit expires one year from the date
of issue.
(a) A person under the age of eighteen who holds a
permit may renew the permit by paying a fee of fifteen
dollars.
(b) An agricultural driving permit is invalidated when a
permittee attains age eighteen. In order to drive a motor
vehicle on a highway he or she must obtain a motor vehicle
driver’s license under this chapter.
(4) Suspension, revocation, or cancellation. The
director has sole discretion to suspend, revoke, or cancel a
juvenile agricultural driving permit if:
(a) The permittee has been found to have committed an
offense that requires mandatory suspension or revocation of
a driver’s license; or
(2002 Ed.)
Drivers’ Licenses—Identicards
(b) The director is satisfied that the permittee has
violated the permit’s restrictions. [2002 c 352 § 11; 2002 c
195 § 3; 1999 c 6 § 13; 1997 c 82 § 1; 1985 ex.s. c 1 § 1;
1979 c 61 § 4; 1969 ex.s. c 218 § 9; 1969 ex.s. c 170 § 12;
1967 c 32 § 27; 1963 c 39 § 9; 1961 c 12 § 46.20.070.
Prior: 1947 c 158 § 1, part; 1937 c 188 § 45, part; Rem.
Supp. 1947 § 6312-45, part.]
Reviser’s note: This section was amended by 2002 c 195 § 3 and by
2002 c 352 § 11, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—2002 c 352: See note following RCW 46.09.070.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1985 ex.s. c 1: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect July 1, 1985." [1985 ex.s. c 1 § 14.]
46.20.075 Intermediate license. (1) An intermediate
license authorizes the holder to drive a motor vehicle under
the conditions specified in this section. An applicant for an
intermediate license must be at least sixteen years of age
and:
(a) Have possessed a valid instruction permit for a
period of not less than six months;
(b) Have passed a driver licensing examination administered by the department;
(c) Have passed a course of driver’s education in
accordance with the standards established in RCW
46.20.100;
(d) Present certification by his or her parent, guardian,
or employer to the department stating (i) that the applicant
has had at least fifty hours of driving experience, ten of
which were at night, during which the driver was supervised
by a person at least twenty-one years of age who has had a
valid driver’s license for at least three years, and (ii) that the
applicant has not been issued a notice of traffic infraction or
cited for a traffic violation that is pending at the time of the
application for the intermediate license;
(e) Not have been convicted of or found to have
committed a traffic violation within the last six months
before the application for the intermediate license; and
(f) Not have been adjudicated for an offense involving
the use of alcohol or drugs during the period the applicant
held an instruction permit.
(2) For the first six months after the issuance of an
intermediate license or until the holder reaches eighteen
years of age, whichever occurs first, the holder of the license
may not operate a motor vehicle that is carrying any passengers under the age of twenty who are not members of the
holder’s immediate family as defined in RCW 42.17.020.
For the remaining period of the intermediate license, the
holder may not operate a motor vehicle that is carrying more
than three passengers who are under the age of twenty who
are not members of the holder’s immediate family.
(3) The holder of an intermediate license may not
operate a motor vehicle between the hours of 1 a.m. and 5
a.m. except when the holder is accompanied by a parent,
guardian, or a licensed driver who is at least twenty-five
years of age.
(2002 Ed.)
46.20.070
(4) It is a traffic infraction for the holder of an intermediate license to operate a motor vehicle in violation of the
restrictions imposed under this section.
(5) Enforcement of this section by law enforcement
officers may be accomplished only as a secondary action
when a driver of a motor vehicle has been detained for a
suspected violation of this title or an equivalent local
ordinance or some other offense.
(6) An intermediate licensee may drive at any hour
without restrictions on the number of passengers in the
vehicle if necessary for agricultural purposes.
(7) An intermediate licensee may drive at any hour
without restrictions on the number of passengers in the
vehicle if, for the twelve-month period following the
issuance of the intermediate license, he or she:
(a) Has not been involved in an automobile accident;
and
(b) Has not been convicted or found to have committed
a traffic offense described in chapter 46.61 RCW or violated
restrictions placed on an intermediate licensee under this
section. [2000 c 115 § 2.]
Reviser’s note—Sunset Act application: The intermediate driver’s
license program is subject to review, termination, and possible extension
under chapter 43.131 RCW, the Sunset Act. See RCW 43.131.397. RCW
46.20.075, 46.20.267, and 28A.220.070; 2000 c 115 § 1 (uncodified); and
the 2000 c 115 amendments to RCW 46.20.105, 46.20.161, 46.20.311, and
46.20.342 are scheduled for future repeal under RCW 43.131.398.
Finding—2000 c 115: "The legislature has recognized the need to
develop a graduated licensing system in light of the disproportionately high
incidence of motor vehicle crashes involving youthful motorists. This
system will improve highway safety by progressively developing and
improving the skills of younger drivers in the safest possible environment,
thereby reducing the number of vehicle crashes." [2000 c 115 § 1.]
Effective date—2000 c 115 §§ 1-10: "Sections 1 through 10 of this
act take effect July 1, 2001." [2000 c 115 § 14.]
OBTAINING OR RENEWING A DRIVER’S LICENSE
46.20.091 Application—Penalty for false statement—Driving records from and to other jurisdictions.
(1) Application. In order to apply for a driver’s license or
instruction permit the applicant must provide his or her:
(a) Name of record, as established by documentation
required under RCW 46.20.035;
(b) Date of birth, as established by satisfactory evidence
of age;
(c) Sex;
(d) Washington residence address;
(e) Description;
(f) Driving licensing history, including:
(i) Whether the applicant has ever been licensed as a
driver or chauffeur and, if so, (A) when and by what state or
country; (B) whether the license has ever been suspended or
revoked; and (C) the date of and reason for the suspension
or revocation; or
(ii) Whether the applicant’s application to another state
or country for a driver’s license has ever been refused and,
if so, the date of and reason for the refusal; and
(g) Any additional information required by the department.
(2) Sworn statement. An application for an instruction
permit or for an original driver’s license must be made upon
a form provided by the department. The form must include
[Title 46 RCW—page 75]
46.20.091
Title 46 RCW: Motor Vehicles
a section for the applicant to indicate whether he or she has
received driver training and, if so, where. The identifying
documentation verifying the name of record must be accompanied by the applicant’s written statement that it is valid.
The information provided on the form must be sworn to and
signed by the applicant before a person authorized to
administer oaths. An applicant who makes a false statement
on an application for a driver’s license or instruction permit
is guilty of false swearing, a gross misdemeanor, under
RCW 9A.72.040.
(3) Driving records from other jurisdictions. If a
person previously licensed in another jurisdiction applies for
a Washington driver’s license, the department shall request
a copy of the applicant’s driver’s record from the other
jurisdiction. The driving record from the other jurisdiction
becomes a part of the driver’s record in this state.
(4) Driving records to other jurisdictions. If another
jurisdiction requests a copy of a person’s Washington
driver’s record, the department shall provide a copy of the
record. The department shall forward the record without
charge if the other jurisdiction extends the same privilege to
the state of Washington. Otherwise the department shall
charge a reasonable fee for transmittal of the record. [2000
c 115 § 4; 1999 c 6 § 14; 1998 c 41 § 11; 1996 c 287 § 5;
1990 c 250 § 35; 1985 ex.s. c 1 § 2; 1979 c 63 § 2; 1965
ex.s. c 121 § 8.]
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Intent—1999 c 6: See note following RCW 46.04.168.
Intent—Construction—Effective date—1998 c 41: See notes
following RCW 46.20.265.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
46.20.0921 Violations—Penalty. It is a misdemeanor
for any person:
(1) To display or cause or permit to be displayed or
have in his or her possession any fictitious or fraudulently
altered driver’s license or identicard;
(2) To lend his or her driver’s license or identicard to
any other person or knowingly permit the use thereof by
another;
(3) To display or represent as one’s own any driver’s
license or identicard not issued to him or her;
(4) Willfully to fail or refuse to surrender to the
department upon its lawful demand any driver’s license or
identicard which has been suspended, revoked or canceled;
(5) To use a false or fictitious name in any application
for a driver’s license or identicard or to knowingly make a
false statement or to knowingly conceal a material fact or
otherwise commit a fraud in any such application;
(6) To permit any unlawful use of a driver’s license or
identicard issued to him or her. [1990 c 210 § 3; 1981 c 92
§ 1; 1965 ex.s. c 121 § 41. Formerly RCW 46.20.336.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.20.093 Bicycle safety. The department of licensing
shall incorporate a section on bicycle safety and sharing the
road into its instructional publications for drivers and shall
[Title 46 RCW—page 76]
include questions in the written portion of the driver’s
license examination on bicycle safety and sharing the road
with bicycles. [1998 c 165 § 4.]
Short title—1998 c 165: See note following RCW 43.59.010.
46.20.095 Instructional publication information.
The department’s instructional publications for drivers must
include information on:
(1) The proper use of the left-hand lane by motor
vehicles on multilane highways; and
(2) Bicyclists’ and pedestrians’ rights and responsibilities. [1999 c 6 § 15; 1998 c 165 § 5; 1986 c 93 § 3.]
Intent—1999 c 6: See note following RCW 46.04.168.
Short title—1998 c 165: See note following RCW 43.59.010.
Keep right except when passing, etc.: RCW 46.61.100.
46.20.100 Persons under eighteen. (1) Application.
The application of a person under the age of eighteen years
for a driver’s license or a motorcycle endorsement must be
signed by a parent or guardian with custody of the minor.
If the person under the age of eighteen has no father,
mother, or guardian, then the application must be signed by
the minor’s employer.
(2) Traffic safety education requirement. For a
person under the age of eighteen years to obtain a driver’s
license he or she must meet the traffic safety education
requirements of this subsection.
(a) To meet the traffic safety education requirement for
a driver’s license the applicant must satisfactorily complete
a traffic safety education course as defined in RCW
28A.220.020 for a course offered by a school district, or as
defined by the department of licensing for a course offered
by a driver training school licensed under chapter 46.82
RCW. The course offered by a school district or an approved private school must meet the standards established by
the office of the state superintendent of public instruction.
The course offered by a driver training school must meet the
standards established by the department of licensing with the
advice of the driver instructors’ advisory committee, pursuant to RCW 46.82.300. The traffic safety education course
may be provided by:
(i) A recognized secondary school; or
(ii) A driver training school licensed under chapter
46.82 RCW that is annually approved by the department of
licensing.
(b) To meet the traffic safety education requirement for
a motorcycle endorsement, the applicant must successfully
complete a motorcycle safety education course that meets the
standards established by the department of licensing.
(c) The department may waive the traffic safety education requirement for a driver’s license if the applicant
demonstrates to the department’s satisfaction that:
(i) He or she was unable to take or complete a traffic
safety education course;
(ii) A need exists for the applicant to operate a motor
vehicle; and
(iii) He or she has the ability to operate a motor vehicle
in such a manner as not to jeopardize the safety of persons
or property.
The department may adopt rules to implement this subsection (2)(c) in concert with the supervisor of the traffic safety
(2002 Ed.)
Drivers’ Licenses—Identicards
education section of the office of the superintendent of
public instruction.
(d) The department may waive the traffic safety education requirement if the applicant was licensed to drive a
motor vehicle or motorcycle outside this state and provides
proof that he or she has had education equivalent to that required under this subsection. [2002 c 195 § 1; 1999 c 274
§ 14; 1999 c 6 § 16; 1990 c 250 § 36; 1985 c 234 § 2; 1979
c 158 § 146; 1973 1st ex.s. c 154 § 87; 1972 ex.s. c 71 § 1;
1969 ex.s. c 218 § 10; 1967 c 167 § 1; 1965 ex.s. c 170 §
43; 1961 c 12 § 46.20.100. Prior: 1937 c 188 § 51; RRS
§ 6312-51; 1921 c 108 § 6, part; RRS § 6368, part.]
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
46.20.105 Identifying types of licenses and permits.
(1) The department may provide a method to distinguish the
driver’s license of a person who is under the age of twentyone from the driver’s license of a person who is twenty-one
years of age or older.
(2) An instruction permit must be identified as an
"instruction permit" and issued in a distinctive form as
determined by the department.
(3) An intermediate license must be identified as an
"intermediate license" and issued in a distinctive form as
determined by the department. [2000 c 115 § 5; 1987 c 463
§ 3.]
Sunset Act application: See note following RCW 46.20.075.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
46.20.109 Wheelchair conveyances. Each operator
of a wheelchair conveyance shall undergo a special examination conducted for the purpose of determining whether that
person can properly and safely operate the conveyance on
public roadways within a specified area. An operator’s
license issued after the special examination may specify the
route, area, time, or other restrictions that are necessary to
ensure the safety of the operator as well as the general
motoring public. The department shall adopt rules for
periodic review of the performance of operators of wheelchair conveyances. Operation of a wheelchair conveyance
in violation of these rules is a traffic infraction. [1983 c 200
§ 3. Formerly RCW 46.20.550]
Severability—1983 c 200: See note following RCW 46.04.710.
Wheelchair conveyances
definition: RCW 46.04.710.
licensing: RCW 46.16.640.
public roadways, operating on: RCW 46.61.730.
safety standards: RCW 46.37.610.
46.20.113 Anatomical gift statement. The department of licensing shall provide a statement whereby the
licensee may certify his or her willingness to make an
anatomical gift under RCW 68.50.540, as now or hereafter
amended. The department shall provide the statement in at
least one of the following ways:
(1) On each driver’s license; or
(2) With each driver’s license; or
(2002 Ed.)
46.20.100
(3) With each in-person driver’s license application.
[1993 c 228 § 18; 1987 c 331 § 81; 1979 c 158 § 147; 1975
c 54 § 1.]
Application, construction—Severability—1993 c 228: See RCW
68.50.902 and 68.50.903.
Effective date—1987 c 331: See RCW 68.05.900.
46.20.114 Preventing alteration or reproduction.
The department shall prepare and issue drivers’ licenses and
identicards using processes that prohibit as nearly as possible
the alteration or reproduction of such cards, or the superimposing of other photographs on such cards, without ready
detection. [1999 c 6 § 17; 1977 ex.s. c 27 § 2.]
Intent—1999 c 6: See note following RCW 46.04.168.
Purpose—1977 ex.s. c 27: "The legislature finds that the falsification
of cards and licenses is a serious social problem creating economic hardship
and problems which impede the efficient conduct of commerce and
government. The legislature is particularly concerned that the increasing use
of false drivers’ licenses and identicards to purchase liquor, to cash bad
checks, and to obtain food stamps and other benefits is causing the loss of
liquor licenses, the loss of jobs, the loss of income, and the loss of human
life in addition to significant monetary losses in business and government.
It is the purpose of RCW 46.20.114 to require an effective means of
rendering drivers’ licenses and identicards as immune as possible from
alteration and counterfeiting in order to promote the public health and safety
of the people of this state." [1977 ex.s. c 27 § 1.]
46.20.117 Identicards. (1) Issuance. The department
shall issue an identicard, containing a picture, if the applicant:
(a) Does not hold a valid Washington driver’s license;
(b) Proves his or her identity as required by RCW
46.20.035; and
(c) Pays the required fee. The fee is fifteen dollars
unless an applicant is a recipient of continuing public
assistance grants under Title 74 RCW, who is referred in
writing by the secretary of social and health services. For
those persons the fee must be the actual cost of production
of the identicard.
(2) Design and term. The identicard must:
(a) Be distinctly designed so that it will not be confused
with the official driver’s license; and
(b) Expire on the fifth anniversary of the applicant’s
birthdate after issuance.
(3) Cancellation. The department may cancel an
identicard if the holder of the identicard used the card or
allowed others to use the card in violation of RCW
46.20.0921. [2002 c 352 § 12; 1999 c 274 § 15; 1999 c 6
§ 18; 1993 c 452 § 3; 1986 c 15 § 1; 1985 ex.s. c 1 § 3;
1985 c 212 § 1; 1981 c 92 § 2; 1971 ex.s. c 65 § 1; 1969
ex.s. c 155 § 4.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Purpose—1971 ex.s. c 65: "The efficient and effective operation and
administration of state government affects the health, safety, and welfare of
the people of this state and it is the intent and purpose of this act to
promote the health, safety, and welfare of the people by improving the
operation and administration of state government." [1971 ex.s. c 65 § 2.]
Effective date—Purpose—1969 ex.s. c 155: See notes following
RCW 46.20.118.
46.20.118 Negative file. The department shall
maintain a negative file. It shall contain negatives of all
[Title 46 RCW—page 77]
46.20.118
Title 46 RCW: Motor Vehicles
pictures taken by the department of licensing as authorized
by RCW 46.20.070 through 46.20.119. Negatives in the file
shall not be available for public inspection and copying
under chapter 42.17 RCW. The department may make the
file available to official governmental enforcement agencies
to assist in the investigation by the agencies of suspected
criminal activity. The department may also provide a print
to the driver’s next of kin in the event the driver is deceased.
[1990 c 250 § 37; 1981 c 22 § 1; 1979 c 158 § 149; 1969
ex.s. c 155 § 5.]
Severability—1990 c 250: See note following RCW 46.16.301.
Purpose—1969 ex.s. c 155: "The identification of the injured or the
seriously ill is often difficult. The need for an identification file to facilitate
use by proper law enforcement officers has hampered law enforcement.
Personal identification for criminal, personal and commercial reasons is
becoming most important at a time when it is increasingly difficult to
accomplish. The legislature finds that the public health and welfare requires
a standard and readily recognizable means of identification of each person
living within the state. The legislature further finds that the need for an
identification file by law enforcement agencies must be met. The use of
photographic drivers’ licenses will greatly aid the problem, but some means
of identification must be provided for persons who do not possess a driver’s
license. The purpose of this 1969 amendatory act is to provide for the
positive identification of persons, both through an expanded use of drivers’
licenses and also through issue of personal identification cards for
nondrivers." [1969 ex.s. c 155 § 1.]
Effective date—1969 ex.s. c 155: "This 1969 amendatory act shall
take effect September 1, 1969." [1969 ex.s. c 155 § 7.]
46.20.119 Reasonable rules. The rules and regulations adopted pursuant to RCW 46.20.070 through 46.20.119
shall be reasonable in view of the purposes to be served by
RCW 46.20.070 through 46.20.119. [1990 c 250 § 38; 1969
ex.s. c 155 § 6.]
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—Purpose—1969 ex.s. c 155: See notes following
RCW 46.20.118.
46.20.120 Examinations—Waiver—Out-of-state
renewals—Fees. An applicant for a new or renewed
driver’s license must successfully pass a driver licensing
examination to qualify for a driver’s license. The department shall give examinations at places and times reasonably
available to the people of this state.
(1) Waiver. The department may waive:
(a) All or any part of the examination of any person
applying for the renewal of a driver’s license unless the
department determines that the applicant is not qualified to
hold a driver’s license under this title; or
(b) The actual demonstration of the ability to operate a
motor vehicle if the applicant:
(i) Surrenders a valid driver’s license issued by the
person’s previous home state; and
(ii) Is otherwise qualified to be licensed.
(2) Fee. Each applicant for a new license must pay an
examination fee of ten dollars.
(a) The examination fee is in addition to the fee charged
for issuance of the license.
(b) "New license" means a license issued to a driver:
(i) Who has not been previously licensed in this state;
or
(ii) Whose last previous Washington license has been
expired for more than five years.
[Title 46 RCW—page 78]
(3) A person whose license expired or will expire on or
after January 1, 1998, while he or she was or is living
outside the state may:
(a) Apply to the department to extend the validity of his
or her license for no more than twelve months. If the person
establishes to the department’s satisfaction that he or she is
unable to return to Washington before the date his or her
license expires, the department shall extend the person’s
license. The department may grant consecutive extensions,
but in no event may the cumulative total of extensions
exceed twelve months. An extension granted under this
section does not change the expiration date of the license for
purposes of RCW 46.20.181. The department shall charge
a fee of five dollars for each license extension;
(b) Apply to the department to renew his or her license
by mail. If the person establishes to the department’s
satisfaction that he or she is unable to return to Washington
within twelve months of the date that his or her license expires, the department shall renew the person’s license by
mail. If a person qualifies for a mail-in renewal he or she
is not required to pass an examination nor provide an
updated photograph. He or she must, however, pay the fee
required by RCW 46.20.181 plus an additional five-dollar
mail-in renewal fee. A license renewed by mail that does
not include a photograph of the licensee must be labeled "not
valid for identification purposes."
(4) If a person’s driver’s license is extended or renewed
under subsection (3) of this section while he or she is
outside the state, he or she must submit to the examination
required under this section within sixty days of returning to
this state. The department will not assess a penalty or
examination fee for the examination. [2002 c 352 § 13.
Prior: 1999 c 308 § 1; 1999 c 199 § 3; 1999 c 6 § 19; 1990
c 9 § 1; 1988 c 88 § 2; 1985 ex.s. c 1 § 4; 1979 c 61 § 6;
1975 1st ex.s. c 191 § 2; 1967 c 167 § 4; 1965 ex.s. c 121
§ 9; 1961 c 12 § 46.20.120; prior: 1959 c 284 § 1; 1953 c
221 § 2; 1937 c 188 § 55, part; RRS § 6312-55, part.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1999 c 308: "Sections 1 through 5 of this act take
effect July 1, 2000." [1999 c 308 § 6.]
Effective date—1999 c 199: See note following RCW 46.20.027.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
46.20.130 Content and conduct of examinations. (1)
The director shall prescribe the content of the driver licensing examination and the manner of conducting the examination, which shall include but is not limited to:
(a) A test of the applicant’s eyesight and ability to see,
understand, and follow highway signs regulating, warning,
and directing traffic;
(b) A test of the applicant’s knowledge of traffic laws
and ability to understand and follow the directives of lawful
authority, orally or graphically, that regulate, warn, and
direct traffic in accordance with the traffic laws of this state;
(c) An actual demonstration of the applicant’s ability to
operate a motor vehicle without jeopardizing the safety of
persons or property; and
(d) Such further examination as the director deems
necessary:
(2002 Ed.)
Drivers’ Licenses—Identicards
(i) To determine whether any facts exist that would bar
the issuance of a vehicle operator’s license under chapters
46.20, 46.21, and 46.29 RCW; and
(ii) To determine the applicant’s fitness to operate a
motor vehicle safely on the highways.
(2) If the applicant desires to drive a motorcycle or a
motor-driven cycle he or she must qualify for a motorcycle
endorsement under RCW 46.20.500 through 46.20.515.
[1999 c 6 § 20; 1990 c 250 § 39; 1981 c 245 § 4; 1967 c
232 § 2; 1965 ex.s. c 121 § 10; 1961 c 12 § 46.20.130.
Prior: 1959 c 284 § 2; 1943 c 151 § 1; 1937 c 188 § 57;
Rem. Supp. 1943 § 6312-57.]
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1981 c 245: See note following RCW 46.20.161.
46.20.153 Voter registration—Posting signs. The
department shall post signs at each driver licensing facility
advertising the availability of voter registration services and
advising of the qualifications to register to vote. [2001 c 41
§ 15.]
46.20.155 Voter registration—Services. Before
issuing an original license or identification card or renewing
a license or identification card under this chapter, the
licensing agent shall determine if the applicant wants to
register to vote or transfer his or her voter registration by
asking the following question:
"Do you want to register to vote or transfer your voter
registration?"
If the applicant chooses to register or transfer a registration, the agent shall state the following:
"I would like to remind you that you must be a United
States citizen and at least eighteen years of age in order to
vote."
The agent shall then provide the applicant with a voter
registration form and instructions and shall record that the
applicant has requested to register to vote or transfer a voter
registration. [2001 c 41 § 14; 1990 c 143 § 6.]
Effective date—1990 c 143: See note following RCW 29.07.260.
Voter registration with driver licensing: RCW 29.07.260 through
29.07.320.
46.20.157 Data to department of information
services—Confidentiality. (1) Except as provided in
subsection (2) of this section, the department shall annually
provide to the department of information services an electronic data file. The data file must:
(a) Contain information on all licensed drivers and
identicard holders who are eighteen years of age or older and
whose records have not expired for more than two years;
(b) Be provided at no charge; and
(c) Contain the following information on each such
person: Full name, date of birth, residence address including
county, sex, and most recent date of application, renewal,
replacement, or change of driver’s license or identicard.
(2) Before complying with subsection (1) of this section,
the department shall remove from the file the names of any
certified participants in the Washington state address
(2002 Ed.)
46.20.130
confidentiality program under chapter 40.24 RCW that have
been identified to the department by the secretary of state.
[1999 c 6 § 21; 1993 c 408 § 12.]
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—Effective dates—1993 c 408: See notes following
RCW 2.36.054.
46.20.161 Issuance of license—Contents—Fee. The
department, upon receipt of a fee of twenty-five dollars,
unless the driver’s license is issued for a period other than
five years, in which case the fee shall be five dollars for
each year that the license is issued, which includes the fee
for the required photograph, shall issue to every qualifying
applicant a driver’s license. A driver’s license issued to a
person under the age of eighteen is an intermediate license,
subject to the restrictions imposed under RCW 46.20.075,
until the person reaches the age of eighteen. The license
must include a distinguishing number assigned to the
licensee, the name of record, date of birth, Washington
residence address, photograph, a brief description of the
licensee, and either a facsimile of the signature of the
licensee or a space upon which the licensee shall write his
or her usual signature with pen and ink immediately upon
receipt of the license. No license is valid until it has been
so signed by the licensee. [2000 c 115 § 6; 1999 c 308 § 2;
1999 c 6 § 22; 1998 c 41 § 12; 1990 c 250 § 40; 1981 c 245
§ 1; 1975 1st ex.s. c 191 § 3; 1969 c 99 § 6; 1965 ex.s. c
121 § 11.]
Sunset Act application: See note following RCW 46.20.075.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Effective date—1999 c 308: See note following RCW 46.20.120.
Intent—1999 c 6: See note following RCW 46.04.168.
Intent—Construction—Effective date—1998 c 41: See notes
following RCW 46.20.265.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1981 c 245: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 245 § 5.]
Effective date—1969 c 99: See note following RCW 79A.05.070.
46.20.181 Expiration date—Renewal—Fees—
Penalty. (1) Except as provided in subsection (4) of this
section, every driver’s license expires on the fifth anniversary of the licensee’s birthdate following the issuance of the
license.
(2) A person may renew his or her license on or before
the expiration date by submitting an application as prescribed
by the department and paying a fee of twenty-five dollars.
This fee includes the fee for the required photograph.
(3) A person renewing his or her driver’s license more
than sixty days after the license has expired shall pay a
penalty fee of ten dollars in addition to the renewal fee,
unless his or her license expired when:
(a) The person was outside the state and he or she
renews the license within sixty days after returning to this
state; or
(b) The person was incapacitated and he or she renews
the license within sixty days after the termination of the
incapacity.
[Title 46 RCW—page 79]
46.20.181
Title 46 RCW: Motor Vehicles
(4) During the period from July 1, 2000, to July 1,
2006, the department may issue or renew a driver’s license
for a period other than five years, or may extend by mail a
license that has already been issued, in order to evenly
distribute, as nearly as possible, the yearly renewal rate of
licensed drivers. The fee for a driver’s license issued or
renewed for a period other than five years, or that has been
extended by mail, is five dollars for each year that the
license is issued, renewed, or extended. The department
may adopt any rules as are necessary to carry out this
subsection. [1999 c 308 § 3; 1999 c 6 § 23; 1990 c 250 §
41; 1981 c 245 § 2; 1975 1st ex.s. c 191 § 4; 1969 c 99 § 7;
1965 ex.s. c 170 § 46; 1965 ex.s. c 121 § 17.]
Effective date—1999 c 308: See note following RCW 46.20.120.
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1981 c 245: See note following RCW 46.20.161.
Effective date—1969 c 99: See note following RCW 79A.05.070.
46.20.185 Photograph during renewal. The department of licensing shall establish a procedure for renewal of
drivers’ licenses under this chapter which does not deprive
the applicant during the renewal process of an identification
bearing the applicant’s photograph.
This identification shall be designed to and shall be
accepted as proper identification under RCW 66.16.040.
[1979 ex.s. c 87 § 1.]
46.20.187 Registration of sex offenders. The
department, at the time a person renews his or her driver’s
license or identicard, or surrenders a driver’s license from
another jurisdiction pursuant to RCW 46.20.021 and makes
an application for a driver’s license or an identicard, shall
provide the applicant with written information on the
registration requirements of RCW 9A.44.130. [1990 c 3 §
407.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
46.20.200 Lost, destroyed, corrected licenses or
permits. (1) If an instruction permit, identicard, or a
driver’s license is lost or destroyed, the person to whom it
was issued may obtain a duplicate of it upon furnishing
proof of such fact satisfactory to the department and payment of a fee of fifteen dollars to the department.
(2) A replacement permit, identicard, or driver’s license
may be obtained to change or correct material information
upon payment of a fee of ten dollars and surrender of the
permit, identicard, or driver’s license being replaced. [2002
c 352 § 14; 1985 ex.s. c 1 § 5; 1975 1st ex.s. c 191 § 5;
1965 ex.s. c 121 § 16; 1961 c 12 § 46.20.200. Prior: 1947
c 164 § 18; 1937 c 188 § 60; Rem. Supp. 1947 § 6312-60;
1921 c 108 § 11; RRS § 6373.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
46.20.205 Change of address or name. (1) Whenever any person after applying for or receiving a driver’s
license or identicard moves from the address named in the
application or in the license or identicard issued to him or
her, the person shall within ten days thereafter notify the
[Title 46 RCW—page 80]
department of the address change. The notification must be
in writing on a form provided by the department and must
include the number of the person’s driver’s license. The
written notification, or other means as designated by rule of
the department, is the exclusive means by which the address
of record maintained by the department concerning the
licensee or identicard holder may be changed.
(a) The form must contain a place for the person to
indicate that the address change is not for voting purposes.
The department of licensing shall notify the secretary of state
by the means described in RCW 29.07.270(3) of all change
of address information received by means of this form
except information on persons indicating that the change is
not for voting purposes.
(b) Any notice regarding the cancellation, suspension,
revocation, disqualification, probation, or nonrenewal of the
driver’s license, commercial driver’s license, driving privilege, or identicard mailed to the address of record of the
licensee or identicard holder is effective notwithstanding the
licensee’s or identicard holder’s failure to receive the notice.
(2) When a licensee or holder of an identicard changes
his or her name of record, the person shall notify the
department of the name change. The person must make the
notification within ten days of the date that the name change
is effective. The notification must be in writing on a form
provided by the department and must include the number of
the person’s driver’s license. The department of licensing
shall not change the name of record of a person under this
section unless the person has again satisfied the department
regarding his or her identity in the manner provided by
RCW 46.20.035. [1999 c 6 § 24; 1998 c 41 § 13; 1996 c 30
§ 4; 1994 c 57 § 52; 1989 c 337 § 6; 1969 ex.s. c 170 § 13;
1965 ex.s. c 121 § 18.]
Intent—1999 c 6: See note following RCW 46.04.168.
Intent—Construction—Effective date—1998 c 41: See notes
following RCW 46.20.265.
Effective date—1996 c 30: See note following RCW 46.25.010.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
RESTRICTING THE DRIVING PRIVILEGE
46.20.207 Cancellation. (1) The department is
authorized to cancel any driver’s license upon determining
that the licensee was not entitled to the issuance of the
license, or that the licensee failed to give the required or
correct information in his or her application, or that the
licensee is incompetent to drive a motor vehicle for any of
the reasons under RCW 46.20.031 (4) and (7).
(2) Upon such cancellation, the licensee must surrender
the license so canceled to the department. [1993 c 501 § 3;
1991 c 293 § 4; 1965 ex.s. c 121 § 20.]
46.20.215 Nonresidents—Suspension or revocation—Reporting offenders. (1) The privilege of driving a
motor vehicle on the highways of this state given to a
nonresident hereunder shall be subject to suspension or
revocation by the department in like manner and for like
cause as a driver’s license issued hereunder may be suspended or revoked.
(2002 Ed.)
Drivers’ Licenses—Identicards
(2) The department shall, upon receiving a record of the
conviction in this state of a nonresident driver of a motor
vehicle of any offense under the motor vehicle laws of this
state, forward a report of such conviction to the motor
vehicle administrator in the state wherein the person so convicted is a resident. Such report shall clearly identify the
person convicted; describe the violation specifying the
section of the statute, code or ordinance violated; identify the
court in which action was taken; and indicate whether a plea
of guilty or not guilty was entered, or the conviction was a
result of the forfeiture of bail, bond or other security.
(3) The department shall, upon receiving a record of the
commission of a traffic infraction in this state by a nonresident driver of a motor vehicle, forward a report of the traffic
infraction to the motor vehicle administrator in the state
where the person who committed the infraction resides. The
report shall clearly identify the person found to have
committed the infraction; describe the infraction, specifying
the section of the statute, code or ordinance violated; identify
the court in which action was taken; and indicate whether
the determination that an infraction was committed was
contested or whether the individual failed to respond to the
notice of infraction. [1979 ex.s. c 136 § 57; 1965 ex.s. c
121 § 21.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.20.220 Vehicle rentals—Records. (1) It shall be
unlawful for any person to rent a motor vehicle of any kind
including a motorcycle to any other person unless the latter
person is then duly licensed as a vehicle driver for the kind
of motor vehicle being rented in this state or, in case of a
nonresident, then that he is duly licensed as a driver under
the laws of the state or country of his residence except a
nonresident whose home state or country does not require
that a motor vehicle driver be licensed;
(2) It shall be unlawful for any person to rent a motor
vehicle to another person until he has inspected the vehicle
driver’s license of such other person and compared and
verified the signature thereon with the signature of such
other person written in his presence;
(3) Every person renting a motor vehicle to another
person shall keep a record of the vehicle license number of
the motor vehicle so rented, the name and address of the
person to whom the motor vehicle is rented, the number of
the vehicle driver’s license of the person renting the vehicle
and the date and place when and where such vehicle driver’s
license was issued. Such record shall be open to inspection
by any police officer or anyone acting for the director.
[1969 c 27 § 1. Prior: 1967 c 232 § 9; 1967 c 32 § 28;
1961 c 12 § 46.20.220; prior: 1937 c 188 § 63; RRS §
6312-63.]
Allowing unauthorized person to drive: RCW 46.16.011, 46.20.024.
Helmet requirements: RCW 46.37.535.
46.20.265 Juvenile driving privileges—Revocation
for alcohol or drug violations. (1) In addition to any other
authority to revoke driving privileges under this chapter, the
department shall revoke all driving privileges of a juvenile
when the department receives notice from a court pursuant
to RCW 9.41.040(5), 13.40.265, 66.44.365, 69.41.065,
(2002 Ed.)
46.20.215
69.50.420, 69.52.070, or a substantially similar municipal
ordinance adopted by a local legislative authority, or from a
diversion unit pursuant to RCW 13.40.265. The revocation
shall be imposed without hearing.
(2) The driving privileges of the juvenile revoked under
subsection (1) of this section shall be revoked in the following manner:
(a) Upon receipt of the first notice, the department shall
impose a revocation for one year, or until the juvenile
reaches seventeen years of age, whichever is longer.
(b) Upon receipt of a second or subsequent notice, the
department shall impose a revocation for two years or until
the juvenile reaches eighteen years of age, whichever is
longer.
(c) Each offense for which the department receives
notice shall result in a separate period of revocation. All
periods of revocation imposed under this section that could
otherwise overlap shall run consecutively and no period of
revocation imposed under this section shall begin before the
expiration of all other periods of revocation imposed under
this section or other law.
(3) If the department receives notice from a court that
the juvenile’s privilege to drive should be reinstated, the
department shall immediately reinstate any driving privileges
that have been revoked under this section if the minimum
term of revocation as specified in RCW 13.40.265(1)(c),
66.44.365(3), 69.41.065(3), 69.50.420(3), 69.52.070(3), or
similar ordinance has expired, and subject to subsection
(2)(c) of this section.
(4)(a) If the department receives notice pursuant to
RCW 13.40.265(2)(b) from a diversion unit that a juvenile
has completed a diversion agreement for which the juvenile’s
driving privileges were revoked, the department shall reinstate any driving privileges revoked under this section as
provided in (b) of this subsection, subject to subsection
(2)(c) of this section.
(b) If the diversion agreement was for the juvenile’s
first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW,
the department shall not reinstate the juvenile’s privilege to
drive until the later of ninety days after the date the juvenile
turns sixteen or ninety days after the juvenile entered into a
diversion agreement for the offense. If the diversion agreement was for the juvenile’s second or subsequent violation
of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile’s privilege to drive until
the later of the date the juvenile turns seventeen or one year
after the juvenile entered into the second or subsequent diversion agreement. [1998 c 41 § 2; 1994 sp.s. c 7 § 439;
1991 c 260 § 1; 1989 c 271 § 117; 1988 c 148 § 7.]
Intent—Construction—1998 c 41: "It is the intent and purpose of
this act to clarify procedural issues and make technical corrections to
statutes relating to drivers’ licenses. This act should not be construed as
changing existing public policy." [1998 c 41 § 1.]
Effective date—1998 c 41: "This act takes effect July 1, 1998."
[1998 c 41 § 15.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Severability—1989 c 271: See note following RCW 9.94A.510.
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
[Title 46 RCW—page 81]
46.20.267
Title 46 RCW: Motor Vehicles
46.20.267 Intermediate licensees. If a person issued
an intermediate license is convicted of or found to have
committed a traffic offense described in chapter 46.61 RCW
or violated restrictions placed on an intermediate license
under RCW 46.20.075:
(1) On the first such conviction or finding the department shall mail the parent or guardian of the person a letter
warning the person of the provisions of this section;
(2) On the second such conviction or finding, the
department shall suspend the person’s intermediate driver’s
license for a period of six months or until the person reaches
eighteen years of age, whichever occurs first, and mail the
parent or guardian of the person a notification of the suspension;
(3) On the third such conviction or finding, the department shall suspend the person’s intermediate driver’s license
until the person reaches eighteen years of age, and mail the
parent or guardian of the person a notification of the suspension.
For the purposes of this section, a single ticket for one
or more traffic offenses constitutes a single traffic offense.
[2000 c 115 § 3.]
Sunset Act application: See note following RCW 46.20.075.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
46.20.270 Conviction of offense requiring suspension or revocation—Procedures, records, reporting,
definition. (1) Whenever any person is convicted of any
offense for which this title makes mandatory the suspension
or revocation of the driver’s license of such person by the
department, the privilege of the person to operate a vehicle
is suspended until the department takes the action required
by this chapter, and the court in which such conviction is
had shall forthwith secure the immediate forfeiture of the
driver’s license of such convicted person and immediately
forward such driver’s license to the department, and on
failure of such convicted person to deliver such driver’s
license the judge shall cause such person to be confined for
the period of such suspension or revocation or until such
driver’s license is delivered to such judge: PROVIDED,
That if the convicted person testifies that he or she does not
and at the time of the offense did not have a current and
valid vehicle driver’s license, the judge shall cause such
person to be charged with the operation of a motor vehicle
without a current and valid driver’s license and on conviction punished as by law provided, and the department may
not issue a driver’s license to such persons during the period
of suspension or revocation: PROVIDED, ALSO, That if
the driver’s license of such convicted person has been lost or
destroyed and such convicted person makes an affidavit to
that effect, sworn to before the judge, the convicted person
may not be so confined, but the department may not issue or
reissue a driver’s license for such convicted person during
the period of such suspension or revocation: PROVIDED,
That perfection of notice of appeal shall stay the execution
of sentence including the suspension and/or revocation of the
driver’s license.
(2) Every court having jurisdiction over offenses
committed under this chapter, or any other act of this state
[Title 46 RCW—page 82]
or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, or any
federal authority having jurisdiction over offenses substantially the same as those set forth in Title 46 RCW which
occur on federal installations within this state, shall forward
to the department within ten days of a forfeiture of bail or
collateral deposited to secure the defendant’s appearance in
court, a payment of a fine or penalty, a plea of guilty or a
finding of guilt, or a finding that any person has committed
a traffic infraction an abstract of the court record in the form
prescribed by rule of the supreme court, showing the
conviction of any person or the finding that any person has
committed a traffic infraction in said court for a violation of
any said laws other than regulations governing standing,
stopping, parking, and pedestrian offenses.
(3) Every municipality having jurisdiction over offenses
committed under this chapter, or under any other act of this
state or municipal ordinance adopted by a local authority
regulating the operation of motor vehicles on highways, may
forward to the department within ten days of failure to
respond, failure to pay a penalty, failure to appear at a
hearing to contest the determination that a violation of any
statute, ordinance, or regulation relating to standing, stopping, or parking has been committed, or failure to appear at
a hearing to explain mitigating circumstances, an abstract of
the citation record in the form prescribed by rule of the
department, showing the finding by such municipality that
two or more violations of laws governing standing, stopping,
and parking have been committed and indicating the nature
of the defendant’s failure to act. Such violations may not
have occurred while the vehicle is stolen from the registered
owner or is leased or rented under a bona fide commercial
vehicle lease or rental agreement between a lessor engaged
in the business of leasing vehicles and a lessee who is not
the vehicle’s registered owner. The department may enter
into agreements of reciprocity with the duly authorized
representatives of the states for reporting to each other
violations of laws governing standing, stopping, and parking.
(4) For the purposes of Title 46 RCW the term "conviction" means a final conviction in a state or municipal court
or by any federal authority having jurisdiction over offenses
substantially the same as those set forth in Title 46 RCW
which occur on federal installations in this state, an
unvacated forfeiture of bail or collateral deposited to secure
a defendant’s appearance in court, the payment of a fine, a
plea of guilty, or a finding of guilt on a traffic law violation
charge, regardless of whether the imposition of sentence or
sanctions are deferred or the penalty is suspended, but not
including entry into a deferred prosecution agreement under
chapter 10.05 RCW.
(5) For the purposes of Title 46 RCW the term "finding
that a traffic infraction has been committed" means a failure
to respond to a notice of infraction or a determination made
by a court pursuant to this chapter. Payment of a monetary
penalty made pursuant to RCW 46.63.070(2) is deemed
equivalent to such a finding. [1990 2nd ex.s. c 1 § 402;
1990 c 250 § 42; 1982 1st ex.s. c 14 § 5; 1979 ex.s. c 136
§ 58; 1979 c 61 § 7; 1977 ex.s. c 3 § 1; 1967 ex.s. c 145 §
55; 1965 ex.s. c 121 § 22; 1961 c 12 § 46.20.270. Prior:
(2002 Ed.)
Drivers’ Licenses—Identicards
1937 c 188 § 68; RRS § 6312-68; prior: 1923 c 122 § 2,
part; 1921 c 108 § 9, part; RRS § 6371, part.]
Severability—1990 2nd ex.s. c 1: See note following RCW
82.14.300.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—Severability—1982 1st ex.s. c 14: See notes
following RCW 46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1967 ex.s. c 145: See RCW 47.98.043.
46.20.285 Offenses requiring revocation. The
department shall forthwith revoke the license of any driver
for the period of one calendar year unless otherwise provided
in this section, upon receiving a record of the driver’s
conviction of any of the following offenses, when the
conviction has become final:
(1) For vehicular homicide the period of revocation shall
be two years. The revocation period shall be tolled during
any period of total confinement for the offense;
(2) Vehicular assault. The revocation period shall be
tolled during any period of total confinement for the offense;
(3) Driving a motor vehicle while under the influence of
intoxicating liquor or a narcotic drug, or under the influence
of any other drug to a degree which renders the driver
incapable of safely driving a motor vehicle, for the period
prescribed in RCW 46.61.5055;
(4) Any felony in the commission of which a motor
vehicle is used;
(5) Failure to stop and give information or render aid as
required under the laws of this state in the event of a motor
vehicle accident resulting in the death or personal injury of
another or resulting in damage to a vehicle that is driven or
attended by another;
(6) Perjury or the making of a false affidavit or statement under oath to the department under Title 46 RCW or
under any other law relating to the ownership or operation
of motor vehicles;
(7) Reckless driving upon a showing by the
department’s records that the conviction is the third such
conviction for the driver within a period of two years. [2001
c 64 § 6. Prior: 1998 c 207 § 4; 1998 c 41 § 3; 1996 c 199
§ 5; 1990 c 250 § 43; 1985 c 407 § 2; 1984 c 258 § 324;
1983 c 165 § 16; 1983 c 165 § 15; 1965 ex.s. c 121 § 24.]
Effective date—1998 c 207: See note following RCW 46.61.5055.
Intent—Construction—Effective date—1998 c 41: See notes
following RCW 46.20.265.
Severability—1996 c 199: See note following RCW 9.94A.505.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Revocation of license for attempting to elude pursuing police vehicle: RCW
46.61.024.
Vehicular assault, penalty: RCW 46.61.522.
Vehicular homicide, penalty: RCW 46.61.520.
46.20.286 Adoption of procedures. The department
of licensing shall adopt procedures in cooperation with the
(2002 Ed.)
46.20.270
office of the administrator for the courts and the department
of corrections to implement RCW 46.20.285. [1996 c 199
§ 6.]
Severability—1996 c 199: See note following RCW 9.94A.505.
46.20.289 Suspension for failure to respond, appear,
etc. The department shall suspend all driving privileges of
a person when the department receives notice from a court
under RCW 46.63.070(6), *46.63.110(5), or 46.64.025 that
the person has failed to respond to a notice of traffic
infraction, failed to appear at a requested hearing, violated a
written promise to appear in court, or has failed to comply
with the terms of a notice of traffic infraction or citation,
other than for a standing, stopping, or parking violation. A
suspension under this section takes effect thirty days after
the date the department mails notice of the suspension, and
remains in effect until the department has received a certificate from the court showing that the case has been adjudicated, and until the person meets the requirements of RCW
46.20.311. In the case of failure to respond to a traffic
infraction issued under RCW 46.55.105, the department shall
suspend all driving privileges until the person provides evidence from the court that all penalties and restitution have
been paid. A suspension under this section does not take
effect if, prior to the effective date of the suspension, the
department receives a certificate from the court showing that
the case has been adjudicated. [2002 c 279 § 4; 1999 c 274
§ 1; 1995 c 219 § 2; 1993 c 501 § 1.]
*Reviser’s note: RCW 46.63.110 was amended by 2002 c 279 § 15,
changing subsection (5) to subsection (6).
46.20.291 Authority to suspend—Grounds. The
department is authorized to suspend the license of a driver
upon a showing by its records or other sufficient evidence
that the licensee:
(1) Has committed an offense for which mandatory
revocation or suspension of license is provided by law;
(2) Has, by reckless or unlawful operation of a motor
vehicle, caused or contributed to an accident resulting in
death or injury to any person or serious property damage;
(3) Has been convicted of offenses against traffic
regulations governing the movement of vehicles, or found to
have committed traffic infractions, with such frequency as to
indicate a disrespect for traffic laws or a disregard for the
safety of other persons on the highways;
(4) Is incompetent to drive a motor vehicle under RCW
46.20.031(3);
(5) Has failed to respond to a notice of traffic infraction,
failed to appear at a requested hearing, violated a written
promise to appear in court, or has failed to comply with the
terms of a notice of traffic infraction or citation, as provided
in RCW 46.20.289;
(6) Is subject to suspension under RCW 46.20.305;
(7) Has committed one of the prohibited practices
relating to drivers’ licenses defined in *RCW 46.20.336; or
(8) Has been certified by the department of social and
health services as a person who is not in compliance with a
child support order or a residential or visitation order as
provided in RCW 74.20A.320. [1998 c 165 § 12; 1997 c 58
§ 806; 1993 c 501 § 4; 1991 c 293 § 5; 1980 c 128 § 12;
1965 ex.s. c 121 § 25.]
[Title 46 RCW—page 83]
46.20.291
Title 46 RCW: Motor Vehicles
*Reviser’s note: RCW 46.20.336 was recodified as RCW 46.20.0921
pursuant to 1999 c 6 § 28.
Effective date—1998 c 165 §§ 8-14: See note following RCW
46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Effective date—Severability—1980 c 128: See notes following
RCW 46.63.060.
Reckless driving, suspension of license: RCW 46.61.500.
Vehicular assault
drug and alcohol evaluation and treatment: RCW 46.61.524.
penalty: RCW 46.61.522.
Vehicular homicide
drug and alcohol evaluation and treatment: RCW 46.61.524.
penalty: RCW 46.61.520.
46.20.292 Finding of juvenile court officer. The
department may suspend, revoke, restrict, or condition any
driver’s license upon a showing of its records that the
licensee has been found by a juvenile court, chief probation
officer, or any other duly authorized officer of a juvenile
court to have committed any offense or offenses which under
Title 46 RCW constitutes grounds for said action. [1979 c
61 § 8; 1967 c 167 § 9.]
46.20.293 Minor’s record to juvenile court, parents,
or guardians. The department is authorized to provide
juvenile courts with the department’s record of traffic
charges compiled under RCW 46.52.101 and 13.50.200,
against any minor upon the request of any state juvenile
court or duly authorized officer of any juvenile court of this
state. Further, the department is authorized to provide any
juvenile court with any requested service which the department can reasonably perform which is not inconsistent with
its legal authority which substantially aids juvenile courts in
handling traffic cases and which promotes highway safety.
The department is authorized to furnish to the parent,
parents, or guardian of any person under eighteen years of
age who is not emancipated from such parent, parents, or
guardian, the department records of traffic charges compiled
against the person and shall collect for the copy a fee of five
dollars to be deposited in the highway safety fund. [2002 c
352 § 15; 1999 c 86 § 3; 1990 c 250 § 44; 1979 c 61 § 9;
1977 ex.s. c 3 § 2; 1971 ex.s. c 292 § 45; 1969 ex.s. c 170
§ 14; 1967 c 167 § 10.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
46.20.300 Extraterritorial convictions. The director
of licensing shall suspend, revoke, or cancel the vehicle
driver’s license of any resident of this state upon receiving
notice of the conviction of such person in another state of an
offense therein which, if committed in this state, would be
ground for the suspension or revocation of the vehicle
driver’s license. The director may further, upon receiving a
record of the conviction in this state of a nonresident driver
of a motor vehicle of any offense under the motor vehicle
[Title 46 RCW—page 84]
laws of this state, forward a certified copy of such record to
the motor vehicle administrator in the state of which the
person so convicted is a resident; such record to consist of
a copy of the judgment and sentence in the case. [1989 c
337 § 7; 1979 c 158 § 150; 1967 c 32 § 29; 1961 c 12 §
46.20.300. Prior: 1957 c 273 § 8; prior: 1937 c 188 § 66,
part; RRS § 6312-66, part; 1923 c 122 § 1, part; 1921 c 108
§ 9, part; RRS § 6371, part.]
46.20.305 Incompetent, unqualified driver—
Reexamination—Physician’s certificate—Action by
department. (1) The department, having good cause to
believe that a licensed driver is incompetent or otherwise not
qualified to be licensed may upon notice require him or her
to submit to an examination.
(2) The department shall require a driver reported under
RCW 46.52.070 (2) and (3) to submit to an examination.
The examination must be completed no later than one
hundred twenty days after the accident report required under
RCW 46.52.070(2) is received by the department unless the
department, at the request of the operator, extends the time
for examination.
(3) The department may in addition to an examination
under this section require such person to obtain a certificate
showing his or her condition signed by a licensed physician
or other proper authority designated by the department.
(4) Upon the conclusion of an examination under this
section the department shall take driver improvement action
as may be appropriate and may suspend or revoke the
license of such person or permit him or her to retain such license, or may issue a license subject to restrictions as
permitted under RCW 46.20.041. The department may
suspend or revoke the license of such person who refuses or
neglects to submit to such examination.
(5) The department may require payment of a fee by a
person subject to examination under this section. The
department shall set the fee in an amount that is sufficient to
cover the additional cost of administering examinations required by this section. [1999 c 351 § 3; 1998 c 165 § 13;
1965 ex.s. c 121 § 26.]
Effective date—1998 c 165 §§ 8-14: See note following RCW
46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
46.20.308 Implied consent—Test refusal—
Procedures. (1) Any person who operates a motor vehicle
within this state is deemed to have given consent, subject to
the provisions of RCW 46.61.506, to a test or tests of his or
her breath or blood for the purpose of determining the
alcohol concentration or presence of any drug in his or her
breath or blood if arrested for any offense where, at the time
of the arrest, the arresting officer has reasonable grounds to
believe the person had been driving or was in actual physical
control of a motor vehicle while under the influence of
intoxicating liquor or any drug or was in violation of RCW
46.61.503.
(2) The test or tests of breath shall be administered at
the direction of a law enforcement officer having reasonable
grounds to believe the person to have been driving or in
actual physical control of a motor vehicle within this state
while under the influence of intoxicating liquor or any drug
(2002 Ed.)
Drivers’ Licenses—Identicards
or the person to have been driving or in actual physical
control of a motor vehicle while having alcohol in a concentration in violation of RCW 46.61.503 in his or her system
and being under the age of twenty-one. However, in those
instances where the person is incapable due to physical
injury, physical incapacity, or other physical limitation, of
providing a breath sample or where the person is being treated in a hospital, clinic, doctor’s office, emergency medical
vehicle, ambulance, or other similar facility in which a
breath testing instrument is not present or where the officer
has reasonable grounds to believe that the person is under
the influence of a drug, a blood test shall be administered by
a qualified person as provided in RCW 46.61.506(4). The
officer shall inform the person of his or her right to refuse
the breath or blood test, and of his or her right to have
additional tests administered by any qualified person of his
or her choosing as provided in RCW 46.61.506. The officer
shall warn the driver that:
(a) His or her license, permit, or privilege to drive will
be revoked or denied if he or she refuses to submit to the
test;
(b) His or her license, permit, or privilege to drive will
be suspended, revoked, or denied if the test is administered
and the test indicates the alcohol concentration of the
person’s breath or blood is 0.08 or more, in the case of a
person age twenty-one or over, or in violation of RCW
46.61.502, 46.61.503, or 46.61.504 in the case of a person
under age twenty-one; and
(c) His or her refusal to take the test may be used in a
criminal trial.
(3) Except as provided in this section, the test administered shall be of the breath only. If an individual is unconscious or is under arrest for the crime of vehicular homicide
as provided in RCW 46.61.520 or vehicular assault as
provided in RCW 46.61.522, or if an individual is under
arrest for the crime of driving while under the influence of
intoxicating liquor or drugs as provided in RCW 46.61.502,
which arrest results from an accident in which there has been
serious bodily injury to another person, a breath or blood test
may be administered without the consent of the individual so
arrested.
(4) Any person who is dead, unconscious, or who is
otherwise in a condition rendering him or her incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by subsection (1) of this section and the test or
tests may be administered, subject to the provisions of RCW
46.61.506, and the person shall be deemed to have received
the warnings required under subsection (2) of this section.
(5) If, following his or her arrest and receipt of warnings under subsection (2) of this section, the person arrested
refuses upon the request of a law enforcement officer to
submit to a test or tests of his or her breath or blood, no test
shall be given except as authorized under subsection (3) or
(4) of this section.
(6) If, after arrest and after the other applicable conditions and requirements of this section have been satisfied, a
test or tests of the person’s blood or breath is administered
and the test results indicate that the alcohol concentration of
the person’s breath or blood is 0.08 or more if the person is
age twenty-one or over, or is in violation of RCW 46.61.502,
46.61.503, or 46.61.504 if the person is under the age of
twenty-one, or the person refuses to submit to a test, the
(2002 Ed.)
46.20.308
arresting officer or other law enforcement officer at whose
direction any test has been given, or the department, where
applicable, if the arrest results in a test of the person’s blood,
shall:
(a) Serve notice in writing on the person on behalf of
the department of its intention to suspend, revoke, or deny
the person’s license, permit, or privilege to drive as required
by subsection (7) of this section;
(b) Serve notice in writing on the person on behalf of
the department of his or her right to a hearing, specifying the
steps he or she must take to obtain a hearing as provided by
subsection (8) of this section;
(c) Mark the person’s Washington state driver’s license
or permit to drive, if any, in a manner authorized by the
department;
(d) Serve notice in writing that the marked license or
permit, if any, is a temporary license that is valid for sixty
days from the date of arrest or from the date notice has been
given in the event notice is given by the department following a blood test, or until the suspension, revocation, or denial
of the person’s license, permit, or privilege to drive is
sustained at a hearing pursuant to subsection (8) of this
section, whichever occurs first. No temporary license is
valid to any greater degree than the license or permit that it
replaces; and
(e) Immediately notify the department of the arrest and
transmit to the department within seventy-two hours, except
as delayed as the result of a blood test, a sworn report or
report under a declaration authorized by RCW 9A.72.085
that states:
(i) That the officer had reasonable grounds to believe
the arrested person had been driving or was in actual
physical control of a motor vehicle within this state while
under the influence of intoxicating liquor or drugs, or both,
or was under the age of twenty-one years and had been
driving or was in actual physical control of a motor vehicle
while having an alcohol concentration in violation of RCW
46.61.503;
(ii) That after receipt of the warnings required by
subsection (2) of this section the person refused to submit to
a test of his or her blood or breath, or a test was administered and the results indicated that the alcohol concentration
of the person’s breath or blood was 0.08 or more if the person is age twenty-one or over, or was in violation of RCW
46.61.502, 46.61.503, or 46.61.504 if the person is under the
age of twenty-one; and
(iii) Any other information that the director may require
by rule.
(7) The department of licensing, upon the receipt of a
sworn report or report under a declaration authorized by
RCW 9A.72.085 under subsection (6)(e) of this section, shall
suspend, revoke, or deny the person’s license, permit, or
privilege to drive or any nonresident operating privilege, as
provided in RCW 46.20.3101, such suspension, revocation,
or denial to be effective beginning sixty days from the date
of arrest or from the date notice has been given in the event
notice is given by the department following a blood test, or
when sustained at a hearing pursuant to subsection (8) of this
section, whichever occurs first.
(8) A person receiving notification under subsection
(6)(b) of this section may, within thirty days after the notice
has been given, request in writing a formal hearing before
[Title 46 RCW—page 85]
46.20.308
Title 46 RCW: Motor Vehicles
the department. The person shall pay a fee of one hundred
dollars as part of the request. If the request is mailed, it
must be postmarked within thirty days after receipt of the
notification. Upon timely receipt of such a request for a
formal hearing, including receipt of the required one hundred
dollar fee, the department shall afford the person an opportunity for a hearing. The department may waive the required
one hundred dollar fee if the person is an indigent as defined
in RCW 10.101.010. Except as otherwise provided in this
section, the hearing is subject to and shall be scheduled and
conducted in accordance with RCW 46.20.329 and
46.20.332. The hearing shall be conducted in the county of
the arrest, except that all or part of the hearing may, at the
discretion of the department, be conducted by telephone or
other electronic means. The hearing shall be held within
sixty days following the arrest or following the date notice
has been given in the event notice is given by the department following a blood test, unless otherwise agreed to by
the department and the person, in which case the action by
the department shall be stayed, and any valid temporary
license marked under subsection (6)(c) of this section
extended, if the person is otherwise eligible for licensing.
For the purposes of this section, the scope of the hearing
shall cover the issues of whether a law enforcement officer
had reasonable grounds to believe the person had been
driving or was in actual physical control of a motor vehicle
within this state while under the influence of intoxicating
liquor or any drug or had been driving or was in actual
physical control of a motor vehicle within this state while
having alcohol in his or her system in a concentration in
violation of RCW 46.61.503 and was under the age of
twenty-one, whether the person was placed under arrest, and
(a) whether the person refused to submit to the test or tests
upon request of the officer after having been informed that
such refusal would result in the revocation of the person’s
license, permit, or privilege to drive, or (b) if a test or tests
were administered, whether the applicable requirements of
this section were satisfied before the administration of the
test or tests, whether the person submitted to the test or tests,
or whether a test was administered without express consent
as permitted under this section, and whether the test or tests
indicated that the alcohol concentration of the person’s
breath or blood was 0.08 or more if the person was age
twenty-one or over at the time of the arrest, or was in
violation of RCW 46.61.502, 46.61.503, or 46.61.504 if the
person was under the age of twenty-one at the time of the
arrest. The sworn report or report under a declaration
authorized by RCW 9A.72.085 submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the person had been driving or
was in actual physical control of a motor vehicle within this
state while under the influence of intoxicating liquor or
drugs, or both, or the person had been driving or was in
actual physical control of a motor vehicle within this state
while having alcohol in his or her system in a concentration
in violation of RCW 46.61.503 and was under the age of
twenty-one and that the officer complied with the requirements of this section.
A hearing officer shall conduct the hearing, may issue
subpoenas for the attendance of witnesses and the production
of documents, and shall administer oaths to witnesses. The
hearing officer shall not issue a subpoena for the attendance
[Title 46 RCW—page 86]
of a witness at the request of the person unless the request
is accompanied by the fee required by RCW 5.56.010 for a
witness in district court. The sworn report or report under
a declaration authorized by RCW 9A.72.085 of the law
enforcement officer and any other evidence accompanying
the report shall be admissible without further evidentiary
foundation and the certifications authorized by the criminal
rules for courts of limited jurisdiction shall be admissible
without further evidentiary foundation. The person may be
represented by counsel, may question witnesses, may present
evidence, and may testify. The department shall order that
the suspension, revocation, or denial either be rescinded or
sustained.
(9) If the suspension, revocation, or denial is sustained
after such a hearing, the person whose license, privilege, or
permit is suspended, revoked, or denied has the right to file
a petition in the superior court of the county of arrest to
review the final order of revocation by the department in the
same manner as an appeal from a decision of a court of
limited jurisdiction. Notice of appeal must be filed within
thirty days after the date the final order is served or the right
to appeal is waived. Notwithstanding RCW 46.20.334,
RALJ 1.1, or other statutes or rules referencing de novo
review, the appeal shall be limited to a review of the record
of the administrative hearing. The appellant must pay the
costs associated with obtaining the record of the hearing
before the hearing officer. The filing of the appeal does not
stay the effective date of the suspension, revocation, or
denial. A petition filed under this subsection must include
the petitioner’s grounds for requesting review. Upon
granting petitioner’s request for review, the court shall
review the department’s final order of suspension, revocation, or denial as expeditiously as possible. The review must
be limited to a determination of whether the department has
committed any errors of law. The superior court shall accept
those factual determinations supported by substantial
evidence in the record: (a) That were expressly made by the
department; or (b) that may reasonably be inferred from the
final order of the department. The superior court may reverse, affirm, or modify the decision of the department or
remand the case back to the department for further proceedings. The decision of the superior court must be in writing
and filed in the clerk’s office with the other papers in the
case. The court shall state the reasons for the decision. If
judicial relief is sought for a stay or other temporary remedy
from the department’s action, the court shall not grant such
relief unless the court finds that the appellant is likely to
prevail in the appeal and that without a stay the appellant
will suffer irreparable injury. If the court stays the suspension, revocation, or denial it may impose conditions on such
stay.
(10) If a person whose driver’s license, permit, or privilege to drive has been or will be suspended, revoked, or
denied under subsection (7) of this section, other than as a
result of a breath or blood test refusal, and who has not
committed an offense for which he or she was granted a
deferred prosecution under chapter 10.05 RCW, petitions a
court for a deferred prosecution on criminal charges arising
out of the arrest for which action has been or will be taken
under subsection (7) of this section, the court may direct the
department to stay any actual or proposed suspension,
revocation, or denial for at least forty-five days but not more
(2002 Ed.)
Drivers’ Licenses—Identicards
than ninety days. If the court stays the suspension, revocation, or denial, it may impose conditions on such stay. If the
person is otherwise eligible for licensing, the department
shall issue a temporary license, or extend any valid temporary license marked under subsection (6) of this section, for
the period of the stay. If a deferred prosecution treatment
plan is not recommended in the report made under RCW
10.05.050, or if treatment is rejected by the court, or if the
person declines to accept an offered treatment plan, or if the
person violates any condition imposed by the court, then the
court shall immediately direct the department to cancel the
stay and any temporary marked license or extension of a
temporary license issued under this subsection.
A suspension, revocation, or denial imposed under this
section, other than as a result of a breath or blood test
refusal, shall be stayed if the person is accepted for deferred
prosecution as provided in chapter 10.05 RCW for the
incident upon which the suspension, revocation, or denial is
based. If the deferred prosecution is terminated, the stay
shall be lifted and the suspension, revocation, or denial
reinstated. If the deferred prosecution is completed, the stay
shall be lifted and the suspension, revocation, or denial
canceled.
(11) When it has been finally determined under the
procedures of this section that a nonresident’s privilege to
operate a motor vehicle in this state has been suspended,
revoked, or denied, the department shall give information in
writing of the action taken to the motor vehicle administrator
of the state of the person’s residence and of any state in
which he or she has a license. [1999 c 331 § 2; 1999 c 274
§ 2. Prior: 1998 c 213 § 1; 1998 c 209 § 1; 1998 c 207 §
7; 1998 c 41 § 4; 1995 c 332 § 1; 1994 c 275 § 13; 1989 c
337 § 8; 1987 c 22 § 1; prior: 1986 c 153 § 5; 1986 c 64
§ 1; 1985 c 407 § 3; 1983 c 165 § 2; 1983 c 165 § 1; 1981
c 260 § 11; prior: 1979 ex.s. c 176 § 3; 1979 ex.s. c 136 §
59; 1979 c 158 § 151; 1975 1st ex.s. c 287 § 4; 1969 c 1 §
1 (Initiative Measure No. 242, approved November 5,
1968).]
Reviser’s note: This section was amended by 1999 c 274 § 2 and by
1999 c 331 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1999 c 331: See note following RCW 9.94A.525.
Effective date—1998 c 213: "This act takes effect January 1, 1999."
[1998 c 213 § 9.]
Effective date—1998 c 209: "This act takes effect January 1, 1999."
[1998 c 209 § 6.]
Effective date—1998 c 207: See note following RCW 46.61.5055.
Intent—Construction—Effective date—1998 c 41: See notes
following RCW 46.20.265.
Severability—1995 c 332: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 332 § 23.]
Effective dates—1995 c 332: "This act shall take effect September
1, 1995, except for sections 13 and 22 of this act which are necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately [May 11, 1995]." [1995 c 332 § 24.]
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Legislative finding, intent—1983 c 165: "The legislature finds that
previous attempts to curtail the incidence of driving while intoxicated have
(2002 Ed.)
46.20.308
been inadequate. The legislature further finds that property loss, injury, and
death caused by drinking drivers have reached unacceptable levels. This act
is intended to convey the seriousness with which the legislature views this
problem. To that end the legislature seeks to insure swift and certain
punishment for those who drink and drive. The legislature does not intend
to discourage or deter courts and other agencies from directing or providing
treatment for problem drinkers. However, it is the intent that such
treatment, where appropriate, be in addition to and not in lieu of the
sanctions to be applied to all those convicted of driving while intoxicated."
[1983 c 165 § 44.]
Effective dates—1983 c 165: "Sections 2, 3 through 12, 14, 16, 18,
22, 24, and 26 of chapter 165, Laws of 1983 shall take effect on January 1,
1986. The remainder of chapter 165, Laws of 1983 is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect on July 1, 1983. The director of licensing may immediately take such
steps as are necessary to insure that all sections of chapter 165, Laws of
1983 are implemented on their respective effective dates." [1984 c 219 §
1; 1983 c 165 § 47.]
Severability—1983 c 165: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 165 § 48.]
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability, implied consent law—1969 c 1: See RCW 46.20.911.
Liability of medical personnel withdrawing blood: RCW 46.61.508.
Refusal of test—Admissibility as evidence: RCW 46.61.517.
46.20.3101 Implied consent—License sanctions,
length of. Pursuant to RCW 46.20.308, the department shall
suspend, revoke, or deny the arrested person’s license,
permit, or privilege to drive as follows:
(1) In the case of a person who has refused a test or
tests:
(a) For a first refusal within seven years, where there
has not been a previous incident within seven years that
resulted in administrative action under this section, revocation or denial for one year;
(b) For a second or subsequent refusal within seven
years, or for a first refusal where there has been one or more
previous incidents within seven years that have resulted in
administrative action under this section, revocation or denial
for two years or until the person reaches age twenty-one,
whichever is longer. A revocation imposed under this
subsection (1)(b) shall run consecutively to the period of any
suspension, revocation, or denial imposed pursuant to a
criminal conviction arising out of the same incident.
(2) In the case of an incident where a person has
submitted to or been administered a test or tests indicating
that the alcohol concentration of the person’s breath or blood
was 0.08 or more:
(a) For a first incident within seven years, where there
has not been a previous incident within seven years that
resulted in administrative action under this section, suspension for ninety days;
(b) For a second or subsequent incident within seven
years, revocation or denial for two years.
(3) In the case of an incident where a person under age
twenty-one has submitted to or been administered a test or
tests indicating that the alcohol concentration of the person’s
breath or blood was in violation of RCW 46.61.502,
46.61.503, or 46.61.504:
[Title 46 RCW—page 87]
46.20.3101
Title 46 RCW: Motor Vehicles
(a) For a first incident within seven years, suspension or
denial for ninety days;
(b) For a second or subsequent incident within seven
years, revocation or denial for one year or until the person
reaches age twenty-one, whichever is longer. [1998 c 213
§ 2; 1998 c 209 § 2; 1998 c 207 § 8; 1995 c 332 § 3.]
Reviser’s note: This section was amended by 1998 c 207 § 8, 1998
c 209 § 2, and by 1998 c 213 § 2, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—1998 c 213: See note following RCW 46.20.308.
Effective date—1998 c 209: See note following RCW 46.20.308.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
46.20.311 Duration of license sanctions—Reissuance
or renewal. (1)(a) The department shall not suspend a
driver’s license or privilege to drive a motor vehicle on the
public highways for a fixed period of more than one year,
except as specifically permitted under RCW 46.20.267,
46.20.342, or other provision of law. Except for a suspension under RCW 46.20.267, 46.20.289, 46.20.291(5),
46.61.740, or 74.20A.320, whenever the license or driving
privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed,
pursuant to chapter 46.29 RCW, or pursuant to RCW
46.20.291 or 46.20.308, the suspension shall remain in effect
until the person gives and thereafter maintains proof of
financial responsibility for the future as provided in chapter
46.29 RCW. If the suspension is the result of a violation of
RCW 46.61.502 or 46.61.504, the department shall determine
the person’s eligibility for licensing based upon the reports
provided by the alcoholism agency or probation department
designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved
program has been established and the person is otherwise
qualified. Whenever the license or driving privilege of any
person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW
or a residential or visitation order, the suspension shall
remain in effect until the person provides a release issued by
the department of social and health services stating that the
person is in compliance with the order.
(b)(i) The department shall not issue to the person a
new, duplicate, or renewal license until the person pays a
reissue fee of twenty dollars.
(ii) If the suspension is the result of a violation of RCW
46.61.502 or 46.61.504, or is the result of administrative
action under RCW 46.20.308, the reissue fee shall be one
hundred fifty dollars.
(2)(a) Any person whose license or privilege to drive a
motor vehicle on the public highways has been revoked,
unless the revocation was for a cause which has been
removed, is not entitled to have the license or privilege
renewed or restored until: (i) After the expiration of one
year from the date the license or privilege to drive was
revoked; (ii) after the expiration of the applicable revocation
period provided by RCW 46.20.3101 or 46.61.5055; (iii)
after the expiration of two years for persons convicted of
vehicular homicide; or (iv) after the expiration of the
applicable revocation period provided by RCW 46.20.265.
[Title 46 RCW—page 88]
(b)(i) After the expiration of the appropriate period, the
person may make application for a new license as provided
by law together with a reissue fee in the amount of twenty
dollars.
(ii) If the revocation is the result of a violation of RCW
46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be
one hundred fifty dollars. If the revocation is the result of
a violation of RCW 46.61.502 or 46.61.504, the department
shall determine the person’s eligibility for licensing based
upon the reports provided by the alcoholism agency or
probation department designated under RCW 46.61.5056 and
shall deny reissuance of a license, permit, or privilege to
drive until enrollment and participation in an approved program has been established and the person is otherwise
qualified.
(c) Except for a revocation under RCW 46.20.265, the
department shall not then issue a new license unless it is
satisfied after investigation of the driving ability of the
person that it will be safe to grant the privilege of driving a
motor vehicle on the public highways, and until the person
gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a
revocation under RCW 46.20.265, the department shall not
issue a new license unless it is satisfied after investigation of
the driving ability of the person that it will be safe to grant
that person the privilege of driving a motor vehicle on the
public highways.
(3)(a) Whenever the driver’s license of any person is
suspended pursuant to Article IV of the nonresident violators
compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5),
the department shall not issue to the person any new or
renewal license until the person pays a reissue fee of twenty
dollars.
(b) If the suspension is the result of a violation of the
laws of this or any other state, province, or other jurisdiction
involving (i) the operation or physical control of a motor
vehicle upon the public highways while under the influence
of intoxicating liquor or drugs, or (ii) the refusal to submit
to a chemical test of the driver’s blood alcohol content, the
reissue fee shall be one hundred fifty dollars. [2001 c 325
§ 2; 2000 c 115 § 7; 1998 c 212 § 1; 1997 c 58 § 807; 1995
c 332 § 11; 1994 c 275 § 27; 1993 c 501 § 5; 1990 c 250 §
45; 1988 c 148 § 9. Prior: 1985 c 407 § 4; 1985 c 211 §
1; 1984 c 258 § 325; 1983 c 165 § 18; 1983 c 165 § 17;
1982 c 212 § 5; 1981 c 91 § 1; 1979 ex.s. c 136 § 60; 1973
1st ex.s. c 36 § 1; 1969 c 1 § 2 (Initiative Measure No. 242,
approved November 5, 1968); 1967 c 167 § 5; 1965 ex.s. c
121 § 27.]
Sunset Act application: See note following RCW 46.20.075.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Severability—1990 c 250: See note following RCW 46.16.301.
(2002 Ed.)
Drivers’ Licenses—Identicards
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability, implied consent law—1969 c 1: See RCW 46.20.911.
46.20.315 Surrender of license. The department
upon suspending or revoking a license shall require that such
license shall be surrendered to and be retained by the
department. [1985 c 302 § 1; 1965 ex.s. c 121 § 28.]
46.20.317 Unlicensed drivers. The department is
hereby authorized to place any unlicensed person into a
suspended or revoked status under any circumstances which
would have resulted in the suspension or revocation of the
driver’s license had that person been licensed. [1975-’76
2nd ex.s. c 29 § 2. Formerly RCW 46.20.414.]
46.20.320 Suspension, etc., effective although
certificate not delivered. Any suspension, revocation, or
cancellation of a vehicle driver’s license shall be in effect
notwithstanding the certificate itself is not delivered over or
possession thereof obtained by a court, officer, or the
director. [1967 c 32 § 30; 1961 c 12 § 46.20.320. Prior:
1957 c 273 § 10; prior: 1937 c 188 § 66, part; RRS § 631266, part; 1923 c 122 § 1, part; 1921 c 108 § 9, part; RRS §
6371, part.]
DRIVER IMPROVEMENT
46.20.322 Interview before suspension, etc.—
Exceptions—Appearance of minor’s parent or guardian.
(1) Whenever the department proposes to suspend or revoke
the driving privilege of any person or proposes to impose
terms of probation on a person’s driving privilege or
proposes to refuse to renew a driver’s license, notice and an
opportunity for a driver improvement interview shall be
given before taking such action, except as provided in RCW
46.20.324 and 46.20.325.
(2) Whenever the department proposes to suspend,
revoke, restrict, or condition a minor driver’s driving
privilege the department may require the appearance of the
minor’s legal guardian or father or mother, otherwise the
parent or guardian having custody of the minor. [1979 c 61
§ 10; 1973 1st ex.s. c 154 § 88; 1967 c 167 § 6; 1965 ex.s.
c 121 § 29.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
46.20.323 Notice of interview—Contents. The notice
shall contain a statement setting forth the proposed action
and the grounds therefor, and notify the person to appear for
a driver improvement interview not less than ten days from
the date notice is given. [1965 ex.s. c 121 § 30.]
(2002 Ed.)
46.20.311
46.20.324 Persons not entitled to interview or
hearing. A person shall not be entitled to a driver improvement interview or formal hearing as hereinafter provided:
(1) When the action by the department is made mandatory by the provisions of this chapter or other law; or
(2) When the person has refused or neglected to submit
to an examination as required by RCW 46.20.305. [1965
ex.s. c 121 § 31.]
46.20.325 Suspension or probation before interview—Alternative procedure. In the alternative to the
procedure set forth in RCW 46.20.322 and 46.20.323 the
department, whenever it determines from its records or other
sufficient evidence that the safety of persons upon the
highways requires such action, shall forthwith and without a
driver improvement interview suspend the privilege of a
person to operate a motor vehicle or impose reasonable
terms and conditions of probation consistent with the safe
operation of a motor vehicle. The department shall in such
case, immediately notify such licensee in writing and upon
his request shall afford him an opportunity for a driver improvement interview as early as practical within not to
exceed seven days after receipt of such request, or the
department, at the time it gives notice may set the date of a
driver improvement interview, giving not less than ten days’
notice thereof. [1965 ex.s. c 121 § 32.]
46.20.326 Failure to appear or request interview
constitutes waiver—Procedure. Failure to appear for a
driver improvement interview at the time and place stated by
the department in its notice as provided in RCW 46.20.322
and 46.20.323 or failure to request a driver improvement
interview within ten days as provided in RCW 46.20.325
constitutes a waiver of a driver improvement interview, and
the department may take action without such driver improvement interview, or the department may, upon request of the
person whose privilege to drive may be affected, or at its
own option, re-open the case, take evidence, change or set
aside any order theretofore made, or grant a driver improvement interview. [1990 c 250 § 46; 1965 ex.s. c 121 § 33.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.20.327 Conduct of interview—Referee—
Evidence—Not deemed hearing. A driver improvement
interview shall be conducted in a completely informal
manner before a driver improvement analyst sitting as a
referee. The applicant or licensee shall have the right to
make or file a written answer or statement in which he may
controvert any point at issue, and present any evidence or
arguments for the consideration of the department pertinent
to the action taken or proposed to be taken or the grounds
therefor. The department may consider its records relating
to the applicant or licensee. The driver improvement
interview shall not be deemed an agency hearing. [1965
ex.s. c 121 § 34.]
46.20.328 Findings and notification after interview—Request for formal hearing. Upon the conclusion
of a driver improvement interview, the department’s referee
shall make findings on the matter under consideration and
shall notify the person involved in writing by personal
[Title 46 RCW—page 89]
46.20.328
Title 46 RCW: Motor Vehicles
service of the findings. The referee’s findings shall be final
unless the person involved is notified to the contrary by
personal service or by certified mail within fifteen days.
The decision is effective upon notice. The person upon
receiving such notice may, in writing and within ten days,
request a formal hearing. [1979 c 61 § 11; 1965 ex.s. c 121
§ 35.]
Persons not entitled to formal hearing: RCW 46.20.324.
46.20.329 Formal hearing—Procedures, notice, stay.
Upon receiving a request for a formal hearing as provided in
RCW 46.20.328, the department shall fix a time and place
for hearing as early as may be arranged in the county where
the applicant or licensee resides, and shall give ten days’
notice of the hearing to the applicant or licensee, except that
the hearing may be set for a different place with the concurrence of the applicant or licensee and the period of notice
may be waived.
Any decision by the department suspending or revoking
a person’s driving privilege shall be stayed and shall not take
effect while a formal hearing is pending as herein provided
or during the pendency of a subsequent appeal to superior
court: PROVIDED, That this stay shall be effective only so
long as there is no conviction of a moving violation or a
finding that the person has committed a traffic infraction
which is a moving violation during pendency of hearing and
appeal: PROVIDED FURTHER, That nothing in this
section shall be construed as prohibiting the department from
seeking an order setting aside the stay during the pendency
of such appeal in those cases where the action of the department is based upon physical or mental incapacity, or a
failure to successfully complete an examination required by
this chapter.
A formal hearing shall be conducted by the director or
by a person or persons appointed by the director from among
the employees of the department. [1982 c 189 § 4; 1981 c
67 § 28; 1979 ex.s. c 136 § 61; 1972 ex.s. c 29 § 1; 1965
ex.s. c 121 § 36.]
Effective date—1982 c 189: See note following RCW 34.12.020.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.20.331 Hearing and decision by director’s
designee. The director may appoint a designee, or
designees, to preside over hearings in adjudicative proceedings that may result in the denial, restriction, suspension, or
revocation of a driver’s license or driving privilege, or in the
imposition of requirements to be met prior to issuance or
reissuance of a driver’s license, under Title 46 RCW. The
director may delegate to any such designees the authority to
render the final decision of the department in such proceedings. Chapter 34.12 RCW shall not apply to such proceedings. [1989 c 175 § 111; 1982 c 189 § 3.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1982 c 189: See note following RCW 34.12.020.
46.20.332 Formal hearing—Evidence—Subpoenas—
Reexamination—Findings and recommendations. At a
formal hearing the department shall consider its records and
[Title 46 RCW—page 90]
may receive sworn testimony and may issue subpoenas for
the attendance of witnesses and the production of relevant
books and papers in the manner and subject to the conditions
provided in chapter 5.56 RCW relating to the issuance of
subpoenas. In addition the department may require a
reexamination of the licensee or applicant. Proceedings at
a formal hearing shall be recorded stenographically or by
mechanical device. Upon the conclusion of a formal
hearing, if not heard by the director or a person authorized
by him to make final decisions regarding the issuance,
denial, suspension or revocation of licenses, the referee or
board shall make findings on the matters under consideration
and may prepare and submit recommendations to the director
or such person designated by the director who is authorized
to make final decisions regarding the issuance, denial,
suspension, or revocation of licenses. [1972 ex.s. c 29 § 2;
1965 ex.s. c 121 § 37.]
46.20.333 Decision after formal hearing. In all cases
not heard by the director or a person authorized by him to
make final decisions regarding the issuance, denial, suspension, or revocation of licenses the director, or a person so
authorized shall review the records, evidence, and the
findings after a formal hearing, and shall render a decision
sustaining, modifying, or reversing the order of suspension
or revocation or the refusal to grant, or renew a license or
the order imposing terms or conditions of probation, or may
set aside the prior action of the department and may direct
that probation be granted to the applicant or licensee and in
such case may fix the terms and conditions of the probation.
[1972 ex.s. c 29 § 3; 1965 ex.s. c 121 § 38.]
46.20.334 Appeal to superior court. Any person
denied a license or a renewal of a license or whose license
has been suspended or revoked by the department except
where such suspension or revocation is mandatory under the
provisions of this chapter shall have the right within thirty
days, after receiving notice of the decision following a
formal hearing to file a notice of appeal in the superior court
in the county of his residence. The hearing on the appeal
hereunder shall be de novo. [1972 ex.s. c 29 § 4; 1965 ex.s.
c 121 § 39.]
46.20.335 Probation in lieu of suspension or revocation. Whenever by any provision of this chapter the
department has discretionary authority to suspend or revoke
the privilege of a person to operate a motor vehicle, the
department may in lieu of a suspension or revocation place
the person on probation, the terms of which may include a
suspension as a condition of probation, and upon such other
reasonable terms and conditions as shall be deemed by the
department to be appropriate. [1965 ex.s. c 121 § 40.]
DRIVING OR USING LICENSE WHILE
SUSPENDED OR REVOKED
46.20.338 Display or possession of invalidated
license or identicard. It is a traffic infraction for any
person to display or cause or permit to be displayed or have
in his or her possession any canceled, revoked, or suspended
driver’s license or identicard. [1990 c 210 § 4.]
(2002 Ed.)
Drivers’ Licenses—Identicards
46.20.342 Driving while license invalidated—
Penalties—Extension of invalidation. (1) It is unlawful for
any person to drive a motor vehicle in this state while that
person is in a suspended or revoked status or when his or
her privilege to drive is suspended or revoked in this or any
other state. Any person who has a valid Washington
driver’s license is not guilty of a violation of this section.
(a) A person found to be an habitual offender under
chapter 46.65 RCW, who violates this section while an order
of revocation issued under chapter 46.65 RCW prohibiting
such operation is in effect, is guilty of driving while license
suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be
punished by imprisonment for not less than ten days. Upon
the second conviction, the person shall be punished by
imprisonment for not less than ninety days. Upon the third
or subsequent conviction, the person shall be punished by
imprisonment for not less than one hundred eighty days. If
the person is also convicted of the offense defined in RCW
46.61.502 or 46.61.504, when both convictions arise from
the same event, the minimum sentence of confinement shall
be not less than ninety days. The minimum sentence of
confinement required shall not be suspended or deferred. A
conviction under this subsection does not prevent a person
from petitioning for reinstatement as provided by RCW
46.65.080.
(b) A person who violates this section while an order of
suspension or revocation prohibiting such operation is in
effect and while the person is not eligible to reinstate his or
her driver’s license or driving privilege, other than for a
suspension for the reasons described in (c) of this subsection,
is guilty of driving while license suspended or revoked in the
second degree, a gross misdemeanor. This subsection
applies when a person’s driver’s license or driving privilege
has been suspended or revoked by reason of:
(i) A conviction of a felony in the commission of which
a motor vehicle was used;
(ii) A previous conviction under this section;
(iii) A notice received by the department from a court
or diversion unit as provided by RCW 46.20.265, relating to
a minor who has committed, or who has entered a diversion
unit concerning an offense relating to alcohol, legend drugs,
controlled substances, or imitation controlled substances;
(iv) A conviction of RCW 46.20.410, relating to the
violation of restrictions of an occupational driver’s license;
(v) A conviction of RCW 46.20.345, relating to the
operation of a motor vehicle with a suspended or revoked
license;
(vi) A conviction of RCW 46.52.020, relating to duty in
case of injury to or death of a person or damage to an
attended vehicle;
(vii) A conviction of RCW 46.61.024, relating to
attempting to elude pursuing police vehicles;
(viii) A conviction of RCW 46.61.500, relating to
reckless driving;
(ix) A conviction of RCW 46.61.502 or 46.61.504,
relating to a person under the influence of intoxicating liquor
or drugs;
(x) A conviction of RCW 46.61.520, relating to vehicular homicide;
(xi) A conviction of RCW 46.61.522, relating to
vehicular assault;
(2002 Ed.)
46.20.342
(xii) A conviction of RCW 46.61.527(4), relating to
reckless endangerment of roadway workers;
(xiii) A conviction of RCW 46.61.530, relating to racing
of vehicles on highways;
(xiv) A conviction of RCW 46.61.685, relating to
leaving children in an unattended vehicle with motor
running;
(xv) A conviction of RCW 46.61.740, relating to theft
of motor vehicle fuel;
(xvi) A conviction of RCW 46.64.048, relating to
attempting, aiding, abetting, coercing, and committing
crimes;
(xvii) An administrative action taken by the department
under chapter 46.20 RCW; or
(xviii) A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the
federal government, or any other state, of an offense substantially similar to a violation included in this subsection.
(c) A person who violates this section when his or her
driver’s license or driving privilege is, at the time of the
violation, suspended or revoked solely because (i) the person
must furnish proof of satisfactory progress in a required
alcoholism or drug treatment program, (ii) the person must
furnish proof of financial responsibility for the future as
provided by chapter 46.29 RCW, (iii) the person has failed
to comply with the provisions of chapter 46.29 RCW relating
to uninsured accidents, (iv) the person has failed to respond
to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or
has failed to comply with the terms of a notice of traffic
infraction or citation, as provided in RCW 46.20.289, (v) the
person has committed an offense in another state that, if
committed in this state, would not be grounds for the
suspension or revocation of the person’s driver’s license, (vi)
the person has been suspended or revoked by reason of one
or more of the items listed in (b) of this subsection, but was
eligible to reinstate his or her driver’s license or driving
privilege at the time of the violation, or (vii) the person has
received traffic citations or notices of traffic infraction that
have resulted in a suspension under RCW 46.20.267 relating
to intermediate drivers’ licenses, or any combination of (i)
through (vii), is guilty of driving while license suspended or
revoked in the third degree, a misdemeanor.
(2) Upon receiving a record of conviction of any person
or upon receiving an order by any juvenile court or any duly
authorized court officer of the conviction of any juvenile
under this section, the department shall:
(a) For a conviction of driving while suspended or
revoked in the first degree, as provided by subsection (1)(a)
of this section, extend the period of administrative revocation
imposed under chapter 46.65 RCW for an additional period
of one year from and after the date the person would
otherwise have been entitled to apply for a new license or
have his or her driving privilege restored; or
(b) For a conviction of driving while suspended or
revoked in the second degree, as provided by subsection
(1)(b) of this section, not issue a new license or restore the
driving privilege for an additional period of one year from
and after the date the person would otherwise have been
entitled to apply for a new license or have his or her driving
privilege restored; or
[Title 46 RCW—page 91]
46.20.342
Title 46 RCW: Motor Vehicles
(c) Not extend the period of suspension or revocation if
the conviction was under subsection (1)(c) of this section.
If the conviction was under subsection (1)(a) or (b) of this
section and the court recommends against the extension and
the convicted person has obtained a valid driver’s license,
the period of suspension or revocation shall not be extended.
[2001 c 325 § 3; 2000 c 115 § 8; 1999 c 274 § 3; 1993 c
501 § 6; 1992 c 130 § 1; 1991 c 293 § 6. Prior: 1990 c
250 § 47; 1990 c 210 § 5; 1987 c 388 § 1; 1985 c 302 § 3;
1980 c 148 § 3; prior: 1979 ex.s. c 136 § 62; 1979 ex.s. c
74 § 1; 1969 c 27 § 2; prior: 1967 ex.s. c 145 § 52; 1967
c 167 § 7; 1965 ex.s. c 121 § 43.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Sunset Act application: See note following RCW 46.20.075.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—Expiration date—1987 c 388: "Sections 1 through
8 of this act shall take effect on July 1, 1988. The director of licensing
shall take such steps as are necessary to insure that this act is implemented
on its effective date. Sections 2 through 7 of this act shall expire on July
1, 1993." [1987 c 388 § 13.]
Severability—1987 c 388: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 388 § 16.]
Effective date—1980 c 148: See note following RCW 46.10.090.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Impoundment of vehicle: RCW 46.55.113.
46.20.345 Operation under other license or permit
while license suspended or revoked—Penalty. Any
resident or nonresident whose driver’s license or right or
privilege to operate a motor vehicle in this state has been
suspended or revoked as provided in this title shall not
operate a motor vehicle in this state under a license, permit,
or registration certificate issued by any other jurisdiction or
otherwise during such suspension or after such revocation
until a new license is obtained when and as permitted under
this chapter. A person who violates the provisions of this
section is guilty of a gross misdemeanor. [1990 c 210 § 6;
1985 c 302 § 5; 1967 c 32 § 35; 1961 c 134 § 2. Formerly
RCW 46.20.420.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.20.349 Stopping vehicle of suspended or revoked
driver. Any police officer who has received notice of the
suspension or revocation of a driver’s license from the
department of licensing, may, during the reported period of
such suspension or revocation, stop any motor vehicle
identified by its vehicle license number as being registered
to the person whose driver’s license has been suspended or
revoked. The driver of such vehicle shall display his
driver’s license upon request of the police officer. [1979 c
158 § 152; 1965 ex.s. c 170 § 47. Formerly RCW
46.20.430.]
[Title 46 RCW—page 92]
46.20.355 Alcohol violator—Probationary license.
(1) Upon receipt of an abstract indicating a deferred prosecution has been granted under RCW 10.05.060, or upon receipt
of a notice of conviction of RCW 46.61.502 or 46.61.504,
the department of licensing shall order the person to surrender any nonprobationary Washington state driver’s license
that may be in his or her possession. The department shall
revoke the license, permit, or privilege to drive of any
person who fails to surrender it as required by this section
for one year, unless the license has been previously surrendered to the department, a law enforcement officer, or a
court, or the person has completed an affidavit of lost,
stolen, destroyed, or previously surrendered license, such
revocation to take effect thirty days after notice is given of
the requirement for license surrender.
(2) The department shall place a person’s driving
privilege in probationary status as required by RCW
10.05.060 or 46.61.5055 for a period of five years from the
date the probationary status is required to go into effect.
(3) Following receipt of an abstract indicating a deferred
prosecution has been granted under RCW 10.05.060, or upon
reinstatement or reissuance of a driver’s license suspended
or revoked as the result of a conviction of RCW 46.61.502
or 46.61.504, the department shall require the person to
obtain a probationary license in order to operate a motor
vehicle in the state of Washington, except as otherwise
exempt under RCW 46.20.025. The department shall not
issue the probationary license unless the person is otherwise
qualified for licensing, and the person must renew the
probationary license on the same cycle as the person’s
regular license would have been renewed until the expiration
of the five-year probationary status period imposed under
subsection (2) of this section.
(4) For each original issue or renewal of a probationary
license under this section, the department shall charge a fee
of fifty dollars in addition to any other licensing fees
required. Except for when renewing a probationary license,
the department shall waive the requirement to obtain an
additional probationary license and the fifty-dollar fee if the
person has a probationary license in his or her possession at
the time a new probationary license is required.
(5) A probationary license shall enable the department
and law enforcement personnel to determine that the person
is on probationary status. The fact that a person’s driving
privilege is in probationary status or that the person has been
issued a probationary license shall not be a part of the
person’s record that is available to insurance companies.
[1998 c 209 § 3; 1998 c 41 § 5; 1995 1st sp.s. c 17 § 1;
1995 c 332 § 4; 1994 c 275 § 8.]
Reviser’s note: This section was amended by 1998 c 41 § 5 and by
1998 c 209 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1998 c 209: See note following RCW 46.20.308.
Intent—Construction—Effective date—1998 c 41: See notes
following RCW 46.20.265.
Effective date—1995 1st sp.s. c 17: "This act shall take effect
September 1, 1995." [1995 1st sp.s. c 17 § 3.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
(2002 Ed.)
Drivers’ Licenses—Identicards
OCCUPATIONAL DRIVER’S LICENSE
46.20.380 Fee. No person may file an application for
an occupational driver’s license as provided in RCW
46.20.391 unless he or she first pays to the director or other
person authorized to accept applications and fees for driver’s
licenses a fee of twenty-five dollars. The applicant shall
receive upon payment an official receipt for the payment of
such fee. All such fees shall be forwarded to the director
who shall transmit such fees to the state treasurer in the
same manner as other driver’s license fees. [1985 ex.s. c 1
§ 6; 1979 c 61 § 12; 1967 c 32 § 31; 1961 c 12 § 46.20.380.
Prior: 1957 c 268 § 1.]
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
46.20.391 Application—Eligibility—Restrictions—
Cancellation. (1) Any person licensed under this chapter
who is convicted of an offense relating to motor vehicles for
which suspension or revocation of the driver’s license is
mandatory, other than vehicular homicide or vehicular
assault, or who has had his or her license suspended under
RCW 46.20.3101 (2)(a) or (3)(a), may submit to the department an application for an occupational driver’s license.
The department, upon receipt of the prescribed fee and upon
determining that the petitioner is engaged in an occupation
or trade that makes it essential that the petitioner operate a
motor vehicle, may issue an occupational driver’s license
and may set definite restrictions as provided in RCW
46.20.394. No person may petition for, and the department
shall not issue, an occupational driver’s license that is
effective during the first thirty days of any suspension or
revocation imposed either for a violation of RCW 46.61.502
or 46.61.504 or under RCW 46.20.3101 (2)(a) or (3)(a), or
for both a violation of RCW 46.61.502 or 46.61.504 and
under RCW 46.20.3101 (2)(a) or (3)(a) where the action
arises from the same incident. A person aggrieved by the
decision of the department on the application for an occupational driver’s license may request a hearing as provided by
rule of the department.
(2)(a) A person licensed under this chapter whose
driver’s license is suspended administratively due to failure
to appear or pay a traffic ticket under RCW 46.20.289; a
violation of the financial responsibility laws under chapter
46.29 RCW; or for multiple violations within a specified
period of time under RCW 46.20.291, may apply to the
department for an occupational driver’s license if the
applicant demonstrates to the satisfaction of the department
that one of the following additional conditions are met:
(i) The applicant is in an apprenticeship program or an
on-the-job training program for which a driver’s license is
required;
(ii) The applicant presents evidence that he or she has
applied for a position in an apprenticeship or on-the-job
training program and the program has certified that a driver’s
license is required to begin the program, provided that a
license granted under this provision shall be in effect no
longer than fourteen days;
(iii) The applicant is in a program that assists persons
who are enrolled in a WorkFirst program pursuant to chapter
74.08A RCW to become gainfully employed and the
program requires a driver’s license; or
(2002 Ed.)
46.20.380
(iv) The applicant is undergoing substance abuse
treatment or is participating in meetings of a twelve-step
group such as alcoholics anonymous.
(b) If the suspension is for failure to respond, pay, or
comply with a notice of traffic infraction or conviction, the
applicant must enter into a payment plan with the court.
(c) An occupational driver’s license issued to an
applicant described in (a) of this subsection shall be valid for
the period of the suspension or revocation but not more than
two years.
(d) Upon receipt of evidence that a holder of an
occupational driver’s license granted under this subsection is
no longer enrolled in an apprenticeship or on-the-job training
program, the director shall give written notice by first class
mail to the driver that the occupational driver’s license shall
be canceled. The effective date of cancellation shall be
fifteen days from the date of mailing the notice. If at any
time before the cancellation goes into effect the driver
submits evidence of continued enrollment in the program, the
cancellation shall be stayed. If the cancellation becomes
effective, the driver may obtain, at no additional charge, a
new occupational driver’s license upon submittal of evidence
of enrollment in another program that meets the criteria set
forth in this subsection.
(e) The department shall not issue an occupational
driver’s license under (a)(iv) of this subsection if the
applicant is able to receive transit services sufficient to allow
for the applicant’s participation in the programs referenced
under (a)(iv) of this subsection.
(3) An applicant for an occupational driver’s license is
eligible to receive such license only if:
(a) Within one year immediately preceding the date of
the offense that gave rise to the present conviction, the
applicant has not committed any offense relating to motor
vehicles for which suspension or revocation of a driver’s
license is mandatory; and
(b) Within seven years immediately preceding the date
of the offense that gave rise to the present conviction or
incident, the applicant has not committed any of the following offenses: (i) Driving or being in actual physical control
of a motor vehicle while under the influence of intoxicating
liquor; (ii) vehicular homicide under RCW 46.61.520; or (iii)
vehicular assault under RCW 46.61.522; and
(c) The applicant is engaged in an occupation or trade
that makes it essential that he or she operate a motor vehicle,
except as allowed under subsection (2)(a) of this section; and
(d) The applicant files satisfactory proof of financial
responsibility under chapter 46.29 RCW.
(4) The director shall cancel an occupational driver’s
license upon receipt of notice that the holder thereof has
been convicted of operating a motor vehicle in violation of
its restrictions, or of a separate offense that under chapter
46.20 RCW would warrant suspension or revocation of a
regular driver’s license. The cancellation is effective as of
the date of the conviction, and continues with the same force
and effect as any suspension or revocation under this title.
[1999 c 274 § 4; 1999 c 272 § 1. Prior: 1998 c 209 § 4;
1998 c 207 § 9; 1995 c 332 § 12; 1994 c 275 § 29; 1985 c
407 § 5; 1983 c 165 § 24; 1983 c 165 § 23; 1983 c 164 § 4;
1979 c 61 § 13; 1973 c 5 § 1.]
Reviser’s note: This section was amended by 1999 c 272 § 1 and by
1999 c 274 § 4, each without reference to the other. Both amendments are
[Title 46 RCW—page 93]
46.20.391
Title 46 RCW: Motor Vehicles
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1999 c 272: "This act takes effect January 1, 2000."
[1999 c 272 § 3.]
Effective date—1998 c 209: See note following RCW 46.20.308.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
46.20.394 Detailed restrictions—Violation. In
issuing an occupational driver’s license under RCW
46.20.391, the department shall describe the type of occupation permitted and shall set forth in detail the specific hours
of the day during which the person may drive to and from
his place of work, which may not exceed twelve hours in
any one day; the days of the week during which the license
may be used; and the general routes over which the person
may travel. In issuing an occupational driver’s license under
RCW 46.20.391(2)(a)(iv), the department shall set forth in
detail the specific hours during which the person may drive
to and from substance abuse treatment or meetings of a
twelve-step group such as alcoholics anonymous, the days of
the week during which the license may be used, and the
general routes over which the person may travel. These
restrictions shall be prepared in written form by the department, which document shall be carried in the vehicle at all
times and presented to a law enforcement officer under the
same terms as the occupational driver’s license. Any violation of the restrictions constitutes a violation of RCW
46.20.342 and subjects the person to all procedures and
penalties therefor. [1999 c 272 § 2; 1983 c 165 § 26.]
Effective date—1999 c 272: See note following RCW 46.20.391.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
46.20.400 Obtaining new driver’s license—
Surrender of order and occupational driver’s license. If
an occupational driver’s license is issued and is not revoked
during the period for which issued the licensee may obtain
a new driver’s license at the end of such period, but no new
driver’s permit shall be issued to such person until he
surrenders his occupational driver’s license and his copy of
the order and the director is satisfied that he complies with
all other provisions of law relative to the issuance of a
driver’s license. [1967 c 32 § 33; 1961 c 12 § 46.20.400.
Prior: 1957 c 268 § 3.]
46.20.410 Penalty. Any person convicted for violation of any restriction of an occupational driver’s license
shall in addition to the immediate revocation of such license
and any other penalties provided by law be fined not less
than fifty nor more than two hundred dollars or imprisoned
for not more than six months or both such fine and imprisonment. [1967 c 32 § 34; 1961 c 12 § 46.20.410. Prior:
1957 c 268 § 4.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
[Title 46 RCW—page 94]
MOTORCYCLES
46.20.500 Special endorsement—Exceptions. (1) No
person may drive a motorcycle or a motor-driven cycle
unless such person has a valid driver’s license specially
endorsed by the director to enable the holder to drive such
vehicles.
(2) However, a person sixteen years of age or older,
holding a valid driver’s license of any class issued by the
state of the person’s residence, may operate a moped without
taking any special examination for the operation of a moped.
(3) No driver’s license is required for operation of an
electric-assisted bicycle if the operator is at least sixteen
years of age. Persons under sixteen years of age may not
operate an electric-assisted bicycle.
(4) No driver’s license is required to operate an electric
personal assistive mobility device. [2002 c 247 § 6; 1999 c
274 § 8; 1997 c 328 § 3; 1982 c 77 § 1; 1979 ex.s. c 213 §
6; 1967 c 232 § 1.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Legislative review—2002 c 247: See note following RCW
46.04.1695.
Severability—1982 c 77: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 77 § 10.]
Mopeds
operation and safety standards: RCW 46.61.710, 46.61.720.
registration: RCW 46.16.630.
46.20.505 Endorsement fees, amount and distribution. Every person applying for a special endorsement of a
driver’s license authorizing such person to drive a motorcycle or a motor-driven cycle shall pay a fee of five dollars,
which is not refundable. In addition, the endorsement fee
for the initial motorcycle endorsement shall not exceed ten
dollars, and the subsequent renewal endorsement fee shall
not exceed twenty-five dollars, unless the endorsement is
renewed or extended for a period other than five years, in
which case the subsequent renewal endorsement fee shall not
exceed five dollars for each year that the endorsement is
renewed or extended. The initial and renewal endorsement
fees shall be deposited in the motorcycle safety education
account of the highway safety fund. [2002 c 352 § 16; 2001
c 104 § 1. Prior: 1999 c 308 § 5; 1999 c 274 § 9; 1993 c
115 § 1; 1989 c 203 § 2; 1988 c 227 § 5; 1987 c 454 § 2;
1985 ex.s. c 1 § 8; 1982 c 77 § 2; 1979 c 158 § 153; 1967
ex.s. c 145 § 50.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1999 c 308: See note following RCW 46.20.120.
Severability—1988 c 227: See RCW 46.81A.900.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Severability—1982 c 77: See note following RCW 46.20.500.
Severability—1967 ex.s. c 145: See RCW 47.98.043.
Motorcycle safety education account: RCW 46.68.065.
46.20.510 Instruction permit—Fee. (1) Motorcycle
instruction permit. A person holding a valid driver’s
license who wishes to learn to ride a motorcycle may apply
for a motorcycle instruction permit. The department may
issue a motorcycle instruction permit after the applicant has
successfully passed all parts of the motorcycle examination
(2002 Ed.)
Drivers’ Licenses—Identicards
other than the driving test. The director shall collect a fee
of fifteen dollars for the motorcycle instruction permit or
renewal, and deposit the fee in the motorcycle safety education account of the highway safety fund.
(2) Effect of motorcycle instruction permit. A person
holding a motorcycle instruction permit may drive a motorcycle upon the public highways if the person has immediate
possession of the permit and a valid driver’s license. An
individual with a motorcyclist’s instruction permit may not
carry passengers and may not operate a motorcycle during
the hours of darkness.
(3) Term of motorcycle instruction permit. A
motorcycle instruction permit is valid for ninety days from
the date of issue.
(a) The department may issue one additional ninety-day
permit.
(b) The department may issue a third motorcycle
instruction permit if it finds after an investigation that the
permittee is diligently seeking to improve driving proficiency. [2002 c 352 § 17; 1999 c 274 § 10; 1999 c 6 § 25;
1989 c 337 § 9; 1985 ex.s. c 1 § 9; 1985 c 234 § 3; 1982 c
77 § 3.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Severability—1982 c 77: See note following RCW 46.20.500.
46.20.515 Examination—Emphasis—Waiver. The
motorcycle endorsement examination must emphasize
maneuvers necessary for on-street operation, including emergency braking and turning as may be required to avoid an
impending collision. The department may waive all or part
of the examination for persons who satisfactorily complete
the voluntary motorcycle operator training and education
program authorized under RCW 46.20.520 or who satisfactorily complete a private motorcycle skills education course
that has been certified by the department under RCW
46.81A.020. [2002 c 197 § 1; 2001 c 104 § 2; 1999 c 274
§ 11; 1982 c 77 § 4.]
Severability—1982 c 77: See note following RCW 46.20.500.
46.20.520 Training and education program—
Advisory board. (1) The director of licensing shall use
moneys designated for the motorcycle safety education
account of the highway safety fund to implement by July 1,
1983, a voluntary motorcycle operator training and education
program. The director may contract with public and private
entities to implement this program.
(2) There is created a motorcycle safety education
advisory board to assist the director of licensing in the
development of a motorcycle operator training education
program. The board shall monitor this program following
implementation and report to the director of licensing as
necessary with recommendations including, but not limited
to, administration, application, and substance of the motorcycle operator training and education program.
The board shall consist of five members appointed by
the director of licensing. Three members of the board, one
of whom shall be appointed chairperson, shall be active
motorcycle riders or members of nonprofit motorcycle
organizations which actively support and promote motorcycle
(2002 Ed.)
46.20.510
safety education. One member shall be a currently employed Washington state patrol motorcycle officer with at
least five years experience and at least one year cumulative
experience as a motorcycle officer. One member shall be a
member of the public. The term of appointment shall be
two years. The board shall meet at the call of the director,
but not less than two times annually and not less than five
times during its term of appointment, and shall receive no
compensation for services but shall be reimbursed for travel
expenses while engaged in business of the board in accordance with RCW 43.03.050 and 43.03.060 as now existing
or hereafter amended.
(3) The priorities of the program shall be in the following order of priority:
(a) Public awareness of motorcycle safety.
(b) Motorcycle safety education programs conducted by
public and private entities.
(c) Classroom and on-cycle training.
(d) Improved motorcycle operator testing. [1998 c 245
§ 89; 1987 c 454 § 3; 1982 c 77 § 5.]
Severability—1982 c 77: See note following RCW 46.20.500.
ALCOHOL DETECTION DEVICES
46.20.710 Legislative finding. The legislature finds
and declares:
(1) There is a need to reduce the incidence of drivers on
the highways and roads of this state who, because of their
use, consumption, or possession of alcohol, pose a danger to
the health and safety of other drivers;
(2) One method of dealing with the problem of drinking
drivers is to discourage the use of motor vehicles by persons
who possess or have consumed alcoholic beverages;
(3) The installation of an ignition interlock breath
alcohol device or other biological or technical device will
provide a means of deterring the use of motor vehicles by
persons who have consumed alcoholic beverages;
(4) Ignition interlock and other biological and technical
devices are designed to supplement other methods of
punishment that prevent drivers from using a motor vehicle
after using, possessing, or consuming alcohol;
(5) It is economically and technically feasible to have an
ignition interlock or other biological or technical device
installed in a motor vehicle in such a manner that the vehicle
will not start if the operator has recently consumed alcohol.
[1994 c 275 § 21; 1987 c 247 § 1.]
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.20.720 Drivers convicted of alcohol offenses. (1)
The court may order that after a period of suspension,
revocation, or denial of driving privileges, and for up to as
long as the court has jurisdiction, any person convicted of
any offense involving the use, consumption, or possession of
alcohol while operating a motor vehicle may drive only a
motor vehicle equipped with a functioning ignition interlock
or other biological or technical device.
(2) If a person is convicted of a violation of RCW
46.61.502 or 46.61.504 or an equivalent local ordinance and
it is: (a) The person’s first conviction or a deferred prosecution under chapter 10.05 RCW and his or her alcohol
[Title 46 RCW—page 95]
46.20.720
Title 46 RCW: Motor Vehicles
concentration was at least 0.15, or by reason of the person’s
refusal to take a test offered pursuant to RCW 46.20.308
there is no test result indicating the person’s alcohol concentration; or (b) the person’s second or subsequent conviction;
or (c) the person’s first conviction and the person has a
previous deferred prosecution under chapter 10.05 RCW or
it is a deferred prosecution under chapter 10.05 RCW and
the person has a previous conviction, the court shall order
that after any applicable period of suspension, revocation, or
denial of driving privileges, the person may drive only a
motor vehicle equipped with a functioning ignition interlock
or other biological or technical device. The requirement to
drive only a motor vehicle equipped with a functioning
ignition interlock or other biological or technical device may
not be suspended. The court may waive the requirement for
the use of such a device if the court makes a specific finding
in writing that such devices are not reasonably available in
the local area. Nothing in this section may be interpreted as
entitling a person to more than one deferred prosecution.
(3) The court shall establish a specific calibration setting
at which the ignition interlock or other biological or technical device will prevent the motor vehicle from being started
and the period of time that the person shall be subject to the
restriction. In the case of a person under subsection (2) of
this section, the period of time of the restriction will be as
follows:
(a) For a person (i) who is subject to RCW 46.61.5055
(1)(b), (2), or (3), or who is subject to a deferred prosecution
program under chapter 10.05 RCW, and (ii) who has not
previously been restricted under this section, a period of not
less than one year;
(b) For a person who has previously been restricted
under (a) of this subsection, a period of not less than five
years;
(c) For a person who has previously been restricted
under (b) of this subsection, a period of not less than ten
years.
For purposes of this section, "convicted" means being
found guilty of an offense or being placed on a deferred
prosecution program under chapter 10.05 RCW. [2001 c
247 § 1; 1999 c 331 § 3; 1998 c 210 § 2; 1997 c 229 § 8;
1994 c 275 § 22; 1987 c 247 § 2.]
Effective date—1999 c 331: See note following RCW 9.94A.525.
Short title—1998 c 210: "This act may be known and cited as the
Mary Johnsen Act." [1998 c 210 § 1.]
Finding—Intent—1998 c 210: "The legislature finds that driving is
a privilege and that the state may restrict that privilege in the interests of
public safety. One such reasonable restriction is requiring certain individuals, if they choose to drive, to drive only vehicles equipped with ignition
interlock devices. The legislature further finds that the costs of these
devices are minimal and are affordable. It is the intent of the legislature
that these devices be paid for by the drivers using them and that neither the
state nor entities of local government provide any public funding for this
purpose." [1998 c 210 § 7.]
Effective date—1998 c 210: "This act takes effect January 1, 1999."
[1998 c 210 § 9.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.20.740 Notation on driving record—Penalty. (1)
The department shall attach or imprint a notation on the
driving record of any person restricted under RCW
[Title 46 RCW—page 96]
46.20.720 stating that the person may operate only a motor
vehicle equipped with an ignition interlock or other biological or technical device.
(2) It is a misdemeanor for a person with such a
notation on his or her driving record to operate a motor
vehicle that is not so equipped. [2001 c 55 § 1; 1997 c 229
§ 10; 1994 c 275 § 24; 1987 c 247 § 4.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.20.750 Assisting another in starting or operating—Penalty. A person who knowingly assists another
person who is restricted to the use of an ignition interlock or
other biological or technical device to start and operate that
vehicle in violation of a court order is guilty of a gross
misdemeanor.
The provisions of this section do not apply if the
starting of a motor vehicle, or the request to start a motor
vehicle, equipped with an ignition interlock or other biological or technical device is done for the purpose of safety or
mechanical repair of the device or the vehicle and the person
subject to the court order does not operate the vehicle.
[1994 c 275 § 25; 1987 c 247 § 5.]
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
MISCELLANEOUS
46.20.900 Repeal and saving. Section 46.20.010,
chapter 12, Laws of 1961 and RCW 46.20.010, section
46.20.020, chapter 12, Laws of 1961 as amended by section
1, chapter 134, Laws of 1961 and RCW 46.20.020, section
46.20.030, chapter 12, Laws of 1961 as amended by section
12, chapter 39, Laws of 1963 and RCW 46.20.030, section
46.20.060, chapter 12, Laws of 1961 and RCW 46.20.060,
sections 46.20.080 through 46.20.090, chapter 12, Laws of
1961 and RCW 46.20.080 through 46.20.090, section
46.20.110, chapter 12, Laws of 1961 as last amended by
section 10, chapter 39, Laws of 1963 and RCW 46.20.110,
sections 46.20.140 through 46.20.180, chapter 12, Laws of
1961 and RCW 46.20.140 through 46.20.180, section
46.20.210, chapter 12, Laws of 1961 and RCW 46.20.210,
sections 46.20.230 through 46.20.250, chapter 12, Laws of
1961 and RCW 46.20.230 through 46.20.250, section
46.20.280, chapter 12, Laws of 1961 and RCW 46.20.280,
section 46.20.290, chapter 12, Laws of 1961 and RCW
46.20.290, section 46.20.310, chapter 12, Laws of 1961 and
RCW 46.20.310, and section 46.20.330, chapter 12, Laws of
1961 and RCW 46.20.330; section 46.20.350, chapter 12,
Laws of 1961 and RCW 46.20.350; section 46.20.360,
chapter 12, Laws of 1961 and RCW 46.20.360 are each
hereby repealed. Such repeals shall not be construed as
affecting any existing right acquired under the statutes repealed, nor as affecting any proceedings instituted thereunder, nor any rule, regulation or order promulgated thereunder, nor any administrative action taken thereunder. [1965
ex.s. c 121 § 46.]
46.20.910 Severability—1965 ex.s. c 121. If any
provision of this 1965 amendatory act, or its application to
(2002 Ed.)
Drivers’ Licenses—Identicards
any person or circumstance is held invalid, the remainder of
this 1965 amendatory act, or the application of the provision
to other persons or circumstances is not affected. [1965
ex.s. c 121 § 47.]
46.20.911 Severability, implied consent law—1969
c 1. If any provision of RCW 46.20.308, 46.20.311, and
46.61.506 or its application to any person or circumstance is
held invalid, the remainder of RCW 46.20.308, 46.20.311,
and 46.61.506, or the application of the provision to other
persons or circumstances is not affected. [1990 c 250 § 49;
1969 c 1 § 6 (Initiative Measure No. 242, approved November 5, 1968).]
Severability—1990 c 250: See note following RCW 46.16.301.
46.20.910
(a) "State" means a state, territory or possession of the
United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(b) "Home state" means the state which has issued and
has the power to suspend or revoke the use of the license or
permit to operate a motor vehicle.
(c) "Conviction" means a conviction of any offense
related to the use or operation of a motor vehicle which is
prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other
security deposited to secure appearance by a person charged
with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing
authority.
ARTICLE III—Reports of Conviction
Chapter 46.21
DRIVER LICENSE COMPACT
Sections
46.21.010
46.21.020
46.21.030
46.21.040
Compact enacted—Provisions.
"Licensing authority" defined—Duty to furnish information.
Expenses of compact administrator.
"Executive head" defined.
46.21.010 Compact enacted—Provisions. The driver
license compact prepared pursuant to resolutions of the
western governors’ conference and the western interstate
committee on highway policy problems of the council of
state governments is hereby entered into and enacted into
law, the terms and provisions of which shall be as follows:
DRIVER LICENSE COMPACT
ARTICLE I—Findings and Declaration of Policy
(a) The party states find that:
(1) The safety of their streets and highways is materially
affected by the degree of compliance with state laws and
local ordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that
the violator engages in conduct which is likely to endanger
the safety of persons and property.
(3) The continuance in force of a license to drive is
predicated upon compliance with laws and ordinances
relating to the operation of motor vehicles, in whichever
jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances, and
administrative rules and regulations relating to the operation
of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.
(2) Make the reciprocal recognition of licenses to drive
and eligibility therefor more just and equitable by considering the over-all compliance with motor vehicle laws,
ordinances and administrative rules and regulations as a
condition precedent to the continuance or issuance of any
license by reason of which the licensee is authorized or
permitted to operate a motor vehicle in any of the party
states.
ARTICLE II—Definitions
As used in this compact:
(2002 Ed.)
The licensing authority of a party state shall report each
conviction of a person from another party state occurring
within its jurisdiction to the licensing authority of the home
state of the licensee. Such report shall clearly identify the
person convicted; describe the violation specifying the
section of the statute, code or ordinance violated; identify the
court in which action was taken; indicate whether a plea of
guilty or not guilty was entered, or the conviction was a
result of the forfeiture of bail, bond or other security; and
shall include any special findings made in connection
therewith.
ARTICLE IV—Effect of Conviction
(a) The licensing authority in the home state, for the
purposes of suspension, revocation or limitation of the
license to operate a motor vehicle, shall give the same effect
to the conduct reported, pursuant to Article III of this
compact, as it would if such conduct had occurred in the
home state, in the case of convictions for:
(1) Vehicular homicide;
(2) Driving a motor vehicle while under the influence of
intoxicating liquor or a narcotic drug, or under the influence
of any other drug to a degree which renders the driver
incapable of safely driving a motor vehicle;
(3) Any felony in the commission of which a motor
vehicle is used;
(4) Failure to stop and render aid in the event of a
motor vehicle accident resulting in the death or personal
injury of another.
(b) If the laws of a party state do not provide for
offenses or violations denominated or described in precisely
the words employed in subdivision (a) of this Article, such
party state shall construe the denominations and descriptions
appearing in subdivision (a) hereof as being applicable to
and identifying those offenses or violations of a substantially
similar nature and the laws of such party state shall contain
such provisions as may be necessary to ensure that full force
and effect is given to this Article.
ARTICLE V—Applications for New Licenses
Upon application for a license to drive, the licensing
authority in a party state shall ascertain whether the applicant
has ever held, or is the holder of a license to drive issued by
any other party state. The licensing authority in the state
where application is made shall not issue a license to drive
to the applicant if:
[Title 46 RCW—page 97]
46.21.010
Title 46 RCW: Motor Vehicles
(1) The applicant has held such a license, but the same
has been suspended by reason, in whole or in part, of a
violation and if such suspension period has not terminated.
(2) The applicant has held such a license, but the same
has been revoked by reason, in whole or in part, of a
violation and if such revocation has not terminated, except
that after the expiration of one year from the date the license
was revoked, such person may make application for a new
license if permitted by law. The licensing authority may
refuse to issue a license to any such applicant if, after
investigation, the licensing authority determines that it will
not be safe to grant to such person the privilege of driving
a motor vehicle on the public highways.
(3) The applicant is the holder of a license to drive
issued by another party state and currently in force unless
the applicant surrenders such license.
ARTICLE VI—Applicability of Other Laws
Except as expressly required by provisions of this
compact, nothing contained herein shall be construed to
affect the right of any party state to apply any of its other
laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license
agreement or other cooperative arrangement between a party
state and a non-party state.
ARTICLE VII—Compact Administrator and
Interchange of Information
(a) The head of the licensing authority of each party
state shall be the administrator of this compact for his state.
The administrators, acting jointly, shall have the power to
formulate all necessary and proper procedures for the
exchange of information under this compact.
(b) The administrator of each party state shall furnish to
the administrator of each other party state any information or
documents reasonably necessary to facilitate the administration of this compact.
ARTICLE VIII—Entry into Force and Withdrawal
(a) This compact shall enter into force and become
effective as to any state when it has enacted the same into
law.
(b) Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal
shall take effect until six months after the executive head of
the withdrawing state has given notice of the withdrawal to
the executive heads of all other party states. No withdrawal
shall affect the validity or applicability by the licensing
authorities of states remaining party to the compact of any
report of conviction occurring prior to the withdrawal.
ARTICLE IX—Construction and Severability
This compact shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this
compact shall be severable and if any phrase, clause,
sentence or provision of this compact is declared to be
contrary to the constitution of any party state or of the
United States or the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity
of the remainder of this compact and the applicability thereof
to any government, agency, person or circumstance shall not
be affected thereby. If this compact shall be held contrary
[Title 46 RCW—page 98]
to the constitution of any state party thereto, the compact
shall remain in full force and effect as to the remaining
states and in full force and effect as to the state affected as
to all severable matters. [1983 c 164 § 5; 1963 c 120 § 1.]
46.21.020 "Licensing authority" defined—Duty to
furnish information. As used in the compact, the term
"licensing authority" with reference to this state, shall mean
the department of licensing. Said department shall furnish
to the appropriate authorities of any other party state any
information or documents reasonably necessary to facilitate
the administration of Articles III, IV, and V of the compact.
[1979 c 158 § 154; 1967 c 32 § 36; 1963 c 120 § 2.]
46.21.030 Expenses of compact administrator. The
compact administrator provided for in Article VII of the
compact shall not be entitled to any additional compensation
on account of his service as such administrator, but shall be
entitled to expenses incurred in connection with his duties
and responsibilities as such administrator, in the same
manner as for expenses incurred in connection with any
other duties or responsibilities of his office or employment.
[1963 c 120 § 3.]
46.21.040 "Executive head" defined. As used in the
compact, with reference to this state, the term "executive
head" shall mean governor. [1963 c 120 § 4.]
Chapter 46.23
NONRESIDENT VIOLATOR COMPACT
Sections
46.23.010
46.23.020
46.23.040
46.23.050
Compact established—Provisions.
Reciprocal agreements authorized—Provisions.
Review of agreement by legislative transportation committee.
Rules.
46.23.010 Compact established—Provisions. The
nonresident violator compact, hereinafter called "the compact," is hereby established in the form substantially as
follows, and the Washington state department of licensing is
authorized to enter into such compact with all other jurisdictions legally joining therein:
NONRESIDENT VIOLATOR COMPACT
Article I — Findings, Declaration of Policy,
and Purpose
(a) The party jurisdictions find that:
(1) In most instances, a motorist who is cited for a
traffic violation in a jurisdiction other than his home jurisdiction: Must post collateral or bond to secure appearance for
trial at a later date; or if unable to post collateral or bond, is
taken into custody until the collateral or bond is posted; or
is taken directly to court for his trial to be held.
(2) In some instances, the motorist’s driver’s license
may be deposited as collateral to be returned after he has
complied with the terms of the citation.
(3) The purpose of the practices described in paragraphs
(1) and (2) above is to ensure compliance with the terms of
(2002 Ed.)
Nonresident Violator Compact
a traffic citation by the motorist who, if permitted to
continue on his way after receiving the traffic citation, could
return to him [his] home jurisdiction and disregard his duty
under the terms of the traffic citation.
(4) A motorist receiving a traffic citation in his home
jurisdiction is permitted, except for certain violations, to
accept the citation from the officer at the scene of the
violation and to immediately continue on his way after
promising or being instructed to comply with the terms of
the citation.
(5) The practice described in paragraph (1) above,
causes unnecessary inconvenience and, at times, a hardship
for the motorist who is unable at the time to post collateral,
furnish a bond, stand trial, or pay the fine, and thus is compelled to remain in custody until some arrangement can be
made.
(6) The deposit of a driver’s license as a bail bond, as
described in paragraph (2) above, is viewed with disfavor.
(7) The practices described herein consume an undue
amount of law enforcement time.
(b) It is the policy of the party jurisdictions to:
(1) Seek compliance with the laws, ordinances, and
administrative rules and regulations relating to the operation
of motor vehicles in each of the jurisdictions.
(2) Allow motorists to accept a traffic citation for
certain violations and proceed on their way without delay
whether or not the motorist is a resident of the jurisdiction
in which the citation was issued.
(3) Extend cooperation to its fullest extent among the
jurisdictions for obtaining compliance with the terms of a
traffic citation issued in one jurisdiction to a resident of
another jurisdiction.
(4) Maximize effective utilization of law enforcement
personnel and assist court systems in the efficient disposition
of traffic violations.
(c) The purpose of this compact is to:
(1) Provide a means through which the party jurisdictions may participate in a reciprocal program to effectuate
the policies enumerated in paragraph (b) above in a uniform
and orderly manner.
(2) Provide for the fair and impartial treatment of traffic
violators operating within party jurisdictions in recognition
of the motorist’s right of due process and the sovereign
status of a party jurisdiction.
Article II — Definitions
As used in the compact, the following words have the
meaning indicated, unless the context requires otherwise.
(1) "Citation" means any summons, ticket, notice of
infraction, or other official document issued by a police
officer for a traffic offense containing an order which
requires the motorist to respond.
(2) "Collateral" means any cash or other security
deposited to secure an appearance for trial, following the
issuance by a police officer of a citation for a traffic offense.
(3) "Court" means a court of law or traffic tribunal.
(4) "Driver’s license" means any license or privilege to
operate a motor vehicle issued under the laws of the home
jurisdiction.
(5) "Home jurisdiction" means the jurisdiction that
issued the driver’s license of the traffic violator.
(2002 Ed.)
46.23.010
(6) "Issuing jurisdiction" means the jurisdiction in which
the traffic citation was issued to the motorist.
(7) "Jurisdiction" means a state, territory, or possession
of the United States, the District of Columbia, or the
Commonwealth of Puerto Rico.
(8) "Motorist" means a driver of a motor vehicle
operating in a party jurisdiction other than the home jurisdiction.
(9) "Personal recognizance" means an agreement by a
motorist made at the time of issuance of the traffic citation
that he will comply with the terms of that traffic citation.
(10) "Police officer" means any individual authorized by
the party jurisdiction to issue a citation for a traffic offense.
(11) "Terms of the citation" means those options
expressly stated upon the citation.
Article III — Procedure for Issuing Jurisdiction
(a) When issuing a citation for a traffic violation or
infraction, a police officer shall issue the citation to a
motorist who possesses a driver’s license issued by a party
jurisdiction and shall not, subject to the exceptions noted in
paragraph (b) of this article, require the motorist to post collateral to secure appearance, if the officer receives the
motorist’s personal recognizance that he or she will comply
with the terms of the citation.
(b) Personal recognizance is acceptable only if not
prohibited by law. If mandatory appearance is required, it
must take place immediately following issuance of the
citation.
(c) Upon failure of a motorist to comply with the terms
of a traffic citation, the appropriate official shall report the
failure to comply to the licensing authority of the jurisdiction
in which the traffic citation was issued. The report shall be
made in accordance with procedures specified by the issuing
jurisdiction and insofar as practical shall contain information
as specified in the compact manual as minimum requirements for effective processing by the home jurisdiction.
(d) Upon receipt of the report, the licensing authority of
the issuing jurisdiction shall transmit to the licensing
authority in the home jurisdiction of the motorist the
information in a form and content substantially conforming
to the compact manual.
(e) The licensing authority of the issuing jurisdiction
may not suspend the privilege of a motorist for whom a
report has been transmitted.
(f) The licensing authority of the issuing jurisdiction
shall not transmit a report on any violation if the date of
transmission is more than six months after the date on which
the traffic citation was issued.
(g) The licensing authority of the issuing jurisdiction
shall not transmit a report on any violation where the date of
issuance of the citation predates the most recent of the
effective dates of entry for the two jurisdictions affected.
Article IV — Procedure for Home Jurisdiction
(a) Upon receipt of a report of a failure to comply from
the licensing authority of the issuing jurisdiction, the
licensing authority of the home jurisdiction shall notify the
motorist and initiate a suspension action, in accordance with
the home jurisdiction’s procedures, to suspend the motorist’s
driver’s license until satisfactory evidence of compliance
with the terms of the traffic citation has been furnished to
[Title 46 RCW—page 99]
46.23.010
Title 46 RCW: Motor Vehicles
the home jurisdiction licensing authority. Due process
safeguards will be accorded.
(b) The licensing authority of the home jurisdiction shall
maintain a record of actions taken and make reports to
issuing jurisdictions as provided in the compact manual.
Article V — Applicability of Other Laws
Except as expressly required by provisions of this
compact, nothing contained herein shall be construed to
affect the right of any party jurisdiction to apply any of its
other laws relating to licenses to drive to any person or
circumstance, or to invalidate or prevent any driver license
agreement or other cooperative arrangement between a party
jurisdiction and a nonparty jurisdiction.
Article VI — Compact Administrator Procedures
(a) For the purpose of administering the provisions of
this compact and to serve as a governing body for the
resolution of all matters relating to the operation of this
compact, a board of compact administrators is established.
The board shall be composed of one representative from
each party jurisdiction to be known as the compact administrator. The compact administrator shall be appointed by the
jurisdiction executive and will serve and be subject to
removal in accordance with the laws of the jurisdiction he
represents. A compact administrator may provide for the
discharge of his duties and the performance of his functions
as a board member by an alternate. An alternate may not be
entitled to serve unless written notification of his identity has
been given to the board.
(b) Each member of the board of compact administrators
shall be entitled to one vote. No action of the board shall be
binding unless taken at a meeting at which a majority of the
total number of votes on the board are cast in favor. Action
by the board shall be only at a meeting at which a majority
of the party jurisdictions are represented.
(c) The board shall elect annually, from its membership,
a chairman and a vice chairman.
(d) The board shall adopt bylaws, not inconsistent with
the provisions of this compact or the laws of a party jurisdiction, for the conduct of its business and shall have the power
to amend and rescind its bylaws.
(e) The board may accept for any of its purposes and
functions under this compact any and all donations, and
grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any jurisdiction, the
United States, or any other governmental agency, and may
receive, utilize, and dispose of the same.
(f) The board may contract with, or accept services or
personnel from, any governmental or intergovernmental
agency, person, firm, or corporation, or any private nonprofit
organization or institution.
(g) The board shall formulate all necessary procedures
and develop uniform forms and documents for administering
the provisions of this compact. All procedures and forms
adopted pursuant to board action shall be contained in the
compact manual.
Article VII — Entry into Compact and Withdrawal
(a) This compact shall become effective when it has
been adopted by at least two jurisdictions.
[Title 46 RCW—page 100]
(b) Entry into the compact shall be made by a resolution
of ratification executed by the department of licensing and
submitted to the chairman of the board. The resolution shall
be in a form and content as provided in the compact manual
and shall include statements that in substance are as follows:
(1) A citation of the authority by which the jurisdiction
is empowered to become a party to this compact.
(2) Agreement to comply with the terms and provisions
of the compact.
(3) That compact entry is with all jurisdictions then
party to the compact and with any jurisdiction that legally
becomes a party to the compact.
(c) The effective date of entry shall be specified by the
applying jurisdiction, but it shall not be less than sixty days
after notice has been given by the chairman of the board of
compact administrators or by the secretariat of the board to
each party jurisdiction that the resolution from the applying
jurisdiction has been received.
(d) A party jurisdiction may withdraw from this compact by official written notice to the other party jurisdictions,
but a withdrawal shall not take effect until ninety days after
notice of withdrawal is given. The notice shall be directed
to the compact administrator of each member jurisdiction.
No withdrawal shall affect the validity of this compact as to
the remaining party jurisdictions.
Article VIII — Exceptions
The provisions of this compact shall not apply to
parking or standing violations, highway weight limit violations, and violations of law governing the transportation of
hazardous materials.
Article IX — Amendments to the Compact
(a) This compact may be amended from time to time.
Amendments shall be presented in resolution form to the
chairman of the board of compact administrators and may be
initiated by one or more party jurisdictions.
(b) Adoption of an amendment shall require endorsement of all party jurisdictions and shall become effective
thirty days after the date of the last endorsement.
(c) Failure of a party jurisdiction to respond to the
compact chairman within one hundred twenty days after
receipt of the proposed amendment shall constitute endorsement.
Article X — Construction and Severability
This compact shall be liberally construed so as to
effectuate the purposes stated herein. The provisions of this
compact shall be severable and if any phrase, clause,
sentence, or provision of this compact is declared to be
contrary to the constitution of any party jurisdiction or of the
United States or the applicability thereof to any government,
agency, person, or circumstance, the compact shall not be
affected thereby. If this compact shall be held contrary to
the constitution of any jurisdiction party thereto, the compact
shall remain in full force and effect as to the remaining jurisdictions and in full force and effect as to the jurisdiction affected as to all severable matters.
Article XI — Title
This compact shall be known as the nonresident violator
compact. [1982 c 212 § 1.]
(2002 Ed.)
Nonresident Violator Compact
46.23.020 Reciprocal agreements authorized—
Provisions. (1) The Washington state department of
licensing is authorized and encouraged to execute a reciprocal agreement with the Canadian province of British Columbia, and with any other state which is not a member of the
nonresident violator compact, concerning the rendering of
mutual assistance in the disposition of traffic infractions
committed by persons licensed in one state or province while
in the jurisdiction of the other.
(2) Such agreements shall provide that if a person
licensed by either state or province is issued a citation by the
other state or province for a moving traffic violation covered
by the agreement, he shall not be detained or required to
furnish bail or collateral, and that if he fails to comply with
the terms of the citation, his license shall be suspended or
renewal refused by the state or province that issued the
license until the home jurisdiction is notified by the issuing
jurisdiction that he has complied with the terms of the
citation.
(3) Such agreement shall also provide such terms and
procedures as are necessary and proper to facilitate its
administration. [1982 c 212 § 2.]
46.23.040 Review of agreement by legislative
transportation committee. Before any agreement made
pursuant to RCW 46.23.010 or 46.23.020 may be formally
executed and become effective, it shall first be submitted for
review by the legislative transportation committee. [1982 c
212 § 4.]
46.23.050 Rules. The department shall adopt rules for
the administration and enforcement of RCW 46.23.010 and
46.23.020 in accordance with chapter 34.05 RCW. [1982 c
212 § 6.]
Chapter 46.25
UNIFORM COMMERCIAL DRIVER’S
LICENSE ACT
Sections
46.25.001
46.25.005
46.25.010
46.25.020
46.25.030
46.25.040
46.25.050
46.25.060
46.25.070
46.25.080
46.25.090
46.25.100
46.25.110
46.25.120
46.25.123
46.25.125
46.25.130
46.25.140
46.25.150
46.25.160
46.25.170
46.25.900
(2002 Ed.)
Short title.
Purpose—Construction.
Definitions.
One license limit.
Duties of driver—Notice to department and employer.
Duties of employer.
Commercial driver’s license required—Exceptions, restrictions.
Knowledge and skills test—Instruction permit.
Application—Change of address—Residency.
License contents, classifications, endorsements, restrictions,
expiration—Exchange of information.
Disqualification—Grounds for, period of—Records, notice.
Restoration after disqualification.
Driving with alcohol in system.
Test for alcohol or drugs—Disqualification for refusal of test
or positive test.
Mandatory reporting of positive test.
Disqualification for positive test—Procedure.
Report of violation by nonresident.
Rules.
Agreements to carry out chapter.
Licenses issued by other states.
Civil and criminal penalties.
Severability—1989 c 178.
46.25.901
46.23.020
Effective dates—1989 c 178.
46.25.001 Short title. This chapter may be cited as
the Uniform Commercial Driver’s License Act. [1989 c 178
§ 1.]
46.25.005 Purpose—Construction. (1) The purpose
of this chapter is to implement the federal Commercial
Motor Vehicle Safety Act of 1986 (CMVSA), Title XII, P.L.
99-570, and reduce or prevent commercial motor vehicle
accidents, fatalities, and injuries by:
(a) Permitting commercial drivers to hold only one
license;
(b) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified
offenses;
(c) Strengthening licensing and testing standards.
(2) This chapter is a remedial law and shall be liberally
construed to promote the public health, safety, and welfare.
To the extent that this chapter conflicts with general driver
licensing provisions, this chapter prevails. Where this
chapter is silent, the general driver licensing provisions
apply. [1989 c 178 § 2.]
46.25.010 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Alcohol" means any substance containing any form
of alcohol, including but not limited to ethanol, methanol,
propanol, and isopropanol.
(2) "Alcohol concentration" means:
(a) The number of grams of alcohol per one hundred
milliliters of blood; or
(b) The number of grams of alcohol per two hundred
ten liters of breath.
(3) "Commercial driver’s license" (CDL) means a
license issued in accordance with the requirements of this
chapter to an individual that authorizes the individual to
drive a class of commercial motor vehicle.
(4) The "commercial driver’s license information
system" (CDLIS) is the information system established
pursuant to the CMVSA to serve as a clearinghouse for
locating information related to the licensing and identification of commercial motor vehicle drivers.
(5) "Commercial driver’s instruction permit" means a
permit issued under RCW 46.25.060(4).
(6) "Commercial motor vehicle" means a motor vehicle
designed or used to transport passengers or property:
(a) If the vehicle has a gross weight rating of 26,001 or
more pounds;
(b) If the vehicle is designed to transport sixteen or
more passengers, including the driver;
(c) If the vehicle is transporting hazardous materials and
is required to be identified by a placard in accordance with
49 C.F.R. part 172, subpart F; or
(d) If the vehicle is a school bus as defined in RCW
46.04.521 regardless of weight or size.
(7) "Conviction" has the definition set forth in RCW
46.20.270.
(8) "Disqualification" means a prohibition against
driving a commercial motor vehicle.
[Title 46 RCW—page 101]
46.25.010
Title 46 RCW: Motor Vehicles
(9) "Drive" means to drive, operate, or be in physical
control of a motor vehicle in any place open to the general
public for purposes of vehicular traffic. For purposes of
RCW 46.25.100, 46.25.110, and 46.25.120, "drive" includes
operation or physical control of a motor vehicle anywhere in
the state.
(10) "Drugs" are those substances as defined by RCW
69.04.009.
(11) "Employer" means any person, including the United
States, a state, or a political subdivision of a state, who owns
or leases a commercial motor vehicle, or assigns a person to
drive a commercial motor vehicle.
(12) "Gross vehicle weight rating" (GVWR) means the
value specified by the manufacturer as the maximum loaded
weight of a single or a combination or articulated vehicle, or
the registered gross weight, where this value cannot be
determined. The GVWR of a combination or articulated
vehicle, commonly referred to as the "gross combined weight
rating" or GCWR, is the GVWR of the power unit plus the
GVWR of the towed unit or units.
(13) "Hazardous materials" has the same meaning found
in Section 103 of the Hazardous Materials Transportation
Act (49 App. U.S.C. 1801 et seq.).
(14) "Motor vehicle" means a vehicle, machine, tractor,
trailer, or semitrailer propelled or drawn by mechanical
power used on highways, or any other vehicle required to be
registered under the laws of this state, but does not include
a vehicle, machine, tractor, trailer, or semitrailer operated
exclusively on a rail.
(15) "Out-of-service order" means a temporary prohibition against driving a commercial motor vehicle.
(16) "Serious traffic violation" means:
(a) Excessive speeding, defined as fifteen miles per hour
or more in excess of the posted limit;
(b) Reckless driving, as defined under state or local law;
(c) A violation of a state or local law relating to motor
vehicle traffic control, other than a parking violation, arising
in connection with an accident or collision resulting in death
to any person; and
(d) Any other violation of a state or local law relating
to motor vehicle traffic control, other than a parking violation, that the department determines by rule to be serious.
(17) "State" means a state of the United States and the
District of Columbia.
(18) "Tank vehicle" means a vehicle that is designed to
transport a liquid or gaseous material within a tank that is
either permanently or temporarily attached to the vehicle or
the chassis. Tank vehicles include, but are not limited to
cargo tanks and portable tanks. However, this definition
does not include portable tanks having a rated capacity under
one thousand gallons.
(19) "United States" means the fifty states and the
District of Columbia. [1996 c 30 § 1; 1989 c 178 § 3.]
Effective date—1996 c 30: "This act takes effect October 1, 1996."
[1996 c 30 § 5.]
46.25.020 One license limit. No person who drives
a commercial motor vehicle may have more than one
driver’s license. [1989 c 178 § 4.]
[Title 46 RCW—page 102]
46.25.030 Duties of driver—Notice to department
and employer. (1)(a) A driver of a commercial motor
vehicle holding a driver’s license issued by this state who is
convicted of violating a state law or local ordinance relating
to motor vehicle traffic control, in any other state or federal,
provincial, territorial, or municipal laws of Canada, other
than parking violations, shall notify the department in the
manner specified by rule of the department within thirty days
of the date of conviction.
(b) A driver of a commercial motor vehicle holding a
driver’s license issued by this state who is convicted of
violating a state law or local ordinance relating to motor
vehicle traffic control in this or any other state or federal,
provincial, territorial, or municipal laws of Canada, other
than parking violations, shall notify his or her employer in
writing of the conviction within thirty days of the date of
conviction.
(c) The notification requirements contained in (a) and
(b) of this subsection as they relate to the federal, provincial,
territorial, or municipal laws of Canada become effective
only when the federal law or federal rules are changed to
require the notification or a bilateral or multilateral agreement is entered into between the state of Washington and
any Canadian province implementing essentially the same
standards of regulation and penalties of all parties as
encompassed in this chapter.
(2) A driver whose driver’s license is suspended,
revoked, or canceled by a state, who loses the privilege to
drive a commercial motor vehicle in a state for any period,
or who is disqualified from driving a commercial motor
vehicle for any period, shall notify his or her employer of
that fact before the end of the business day following the
day the driver received notice of that fact.
(3) A person who applies to be a commercial motor
vehicle driver shall provide the employer, at the time of the
application, with the following information for the ten years
preceding the date of application:
(a) A list of the names and addresses of the applicant’s
previous employers for which the applicant was a driver of
a commercial motor vehicle;
(b) The dates between which the applicant drove for
each employer; and
(c) The reason for leaving that employer.
The applicant shall certify that all information furnished is
true and complete. An employer may require an applicant
to provide additional information. [1989 c 178 § 5.]
46.25.040 Duties of employer. (1) An employer shall
require the applicant to provide the information specified in
RCW 46.25.030(3).
(2) No employer may knowingly allow, permit, or
authorize a driver to drive a commercial motor vehicle
during any period:
(a) In which the driver has a driver’s license suspended,
revoked, or canceled by a state, has lost the privilege to
drive a commercial motor vehicle in a state, or has been
disqualified from driving a commercial motor vehicle; or
(b) In which the driver has more than one driver’s
license. [1989 c 178 § 6.]
(2002 Ed.)
Uniform Commercial Driver’s License Act
46.25.050 Commercial driver’s license required—
Exceptions, restrictions. (1) Drivers of commercial motor
vehicles shall obtain a commercial driver’s license as
required under this chapter by April 1, 1992. The director
shall establish a program to convert all qualified commercial
motor vehicle drivers by that date. After April 1, 1992,
except when driving under a commercial driver’s instruction
permit and a valid automobile or classified license and
accompanied by the holder of a commercial driver’s license
valid for the vehicle being driven, no person may drive a
commercial motor vehicle unless the person holds and is in
immediate possession of a commercial driver’s license and
applicable endorsements valid for the vehicle they are
driving. However, this requirement does not apply to any
person:
(a) Who is the operator of a farm vehicle, and the
vehicle is:
(i) Controlled and operated by a farmer;
(ii) Used to transport either agricultural products, which
in this section include Christmas trees and wood products
harvested from private tree farms and transported by vehicles
weighing no more than forty thousand pounds licensed gross
vehicle weight, farm machinery, farm supplies, or any
combination of those materials to or from a farm;
(iii) Not used in the operations of a common or contract
motor carrier; and
(iv) Used within one hundred fifty miles of the person’s
farm; or
(b) Who is a fire fighter or law enforcement officer
operating emergency equipment, and:
(i) The fire fighter or law enforcement officer has
successfully completed a driver training course approved by
the director; and
(ii) The fire fighter or law enforcement officer carries
a certificate attesting to the successful completion of the
approved training course; or
(c) Who is operating a recreational vehicle for noncommercial purposes. As used in this section, "recreational
vehicle" includes a vehicle towing a horse trailer for a
noncommercial purpose.
(2) No person may drive a commercial motor vehicle
while his or her driving privilege is suspended, revoked, or
canceled, while subject to disqualification, or in violation of
an out-of-service order. Violations of this subsection shall
be punished in the same way as violations of RCW
46.20.342(1). [1995 c 393 § 1; 1990 c 56 § 1; 1989 c 178
§ 7.]
46.25.060 Knowledge and skills test—Instruction
permit. (1)(a) No person may be issued a commercial
driver’s license unless that person is a resident of this state
and has passed a knowledge and skills test for driving a
commercial motor vehicle that complies with minimum
federal standards established by federal regulation enumerated in 49 C.F.R. part 383, subparts G and H, and has satisfied
all other requirements of the CMVSA in addition to other
requirements imposed by state law or federal regulation.
The tests must be prescribed and conducted by the department. In addition to the fee charged for issuance or renewal
of any license, the applicant shall pay a fee of no more than
ten dollars for each classified knowledge examination,
(2002 Ed.)
46.25.050
classified endorsement knowledge examination, or any combination of classified license and endorsement knowledge
examinations. The applicant shall pay a fee of no more than
fifty dollars for each classified skill examination or combination of classified skill examinations conducted by the department.
(b) The department may authorize a person, including an
agency of this or another state, an employer, a private driver
training facility, or other private institution, or a department,
agency, or instrumentality of local government, to administer
the skills test specified by this section under the following
conditions:
(i) The test is the same which would otherwise be
administered by the state;
(ii) The third party has entered into an agreement with
the state that complies with the requirements of 49 C.F.R.
part 383.75; and
(iii) The director has adopted rules as to the third party
testing program and the development and justification for
fees charged by any third party.
(2) The department may waive the skills test specified
in this section for a commercial driver’s license applicant
who meets the requirements of 49 C.F.R. part 383.77.
(3) A commercial driver’s license or commercial
driver’s instruction permit may not be issued to a person
while the person is subject to a disqualification from driving
a commercial motor vehicle, or while the person’s driver’s
license is suspended, revoked, or canceled in any state, nor
may a commercial driver’s license be issued to a person who
has a commercial driver’s license issued by any other state
unless the person first surrenders all such licenses, which
must be returned to the issuing state for cancellation.
(4)(a) A commercial driver’s instruction permit may be
issued to an individual who holds a valid automobile or
classified driver’s license.
(b) A commercial driver’s instruction permit may not be
issued for a period to exceed six months. Only one renewal
or reissuance may be granted within a two-year period. The
holder of a commercial driver’s instruction permit may drive
a commercial motor vehicle on a highway only when
accompanied by the holder of a commercial driver’s license
valid for the type of vehicle driven who occupies a seat
beside the individual for the purpose of giving instruction in
driving the commercial motor vehicle. An application for a
commercial driver’s instruction permit shall be accompanied
by a fee of ten dollars. The department shall forthwith
transmit the fees collected for commercial driver’s instruction permits to the state treasurer. [2002 c 352 § 18; 1989
c 178 § 8.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
46.25.070 Application—Change of address—
Residency. (1) The application for a commercial driver’s
license or commercial driver’s instruction permit must
include the following:
(a) The full name and current mailing and residential
address of the person;
(b) A physical description of the person, including sex,
height, weight, and eye color;
(c) Date of birth;
(d) The applicant’s Social Security number;
[Title 46 RCW—page 103]
46.25.070
Title 46 RCW: Motor Vehicles
(e) The person’s signature;
(f) Certifications including those required by 49 C.F.R.
part 383.71(a);
(g) Proof of certification of physical examination or
waiver, as required by 49 C.F.R. 391.41 through 391.49;
(h) Any other information required by the department;
and
(i) A consent to release driving record information to
parties identified in chapter 46.52 RCW and this chapter.
(2) When a licensee changes his or her name, mailing
address, or residence address, the person shall notify the
department as provided in RCW 46.20.205.
(3) No person who has been a resident of this state for
thirty days may drive a commercial motor vehicle under the
authority of a commercial driver’s license issued by another
jurisdiction. [1991 c 73 § 2; 1989 c 178 § 9.]
46.25.080 License contents, classifications, endorsements, restrictions, expiration—Exchange of information.
(1) The commercial driver’s license must be marked "commercial driver’s license" or "CDL," and must be, to the
maximum extent practicable, tamperproof. It must include,
but not be limited to, the following information:
(a) The name and residence address of the person;
(b) The person’s color photograph;
(c) A physical description of the person including sex,
height, weight, and eye color;
(d) Date of birth;
(e) The person’s Social Security number or any number
or identifier deemed appropriate by the department;
(f) The person’s signature;
(g) The class or type of commercial motor vehicle or
vehicles that the person is authorized to drive, together with
any endorsements or restrictions;
(h) The name of the state; and
(i) The dates between which the license is valid.
(2) Commercial driver’s licenses may be issued with the
classifications, endorsements, and restrictions set forth in this
subsection. The holder of a valid commercial driver’s
license may drive all vehicles in the class for which that
license is issued and all lesser classes of vehicles except
motorcycles and vehicles that require an endorsement, unless
the proper endorsement appears on the license.
(a) Licenses may be classified as follows:
(i) Class A is a combination of vehicles with a gross
combined weight rating (GCWR) of 26,001 pounds or more,
if the GVWR of the vehicle being towed is in excess of
10,000 pounds.
(ii) Class B is a single vehicle with a GVWR of 26,001
pounds or more, and any such vehicle towing a vehicle not
in excess of 10,000 pounds.
(iii) Class C is a single vehicle with a GVWR of less
than 26,001 pounds or any such vehicle towing a vehicle
with a GVWR not in excess of 10,000 pounds consisting of:
(A) Vehicles designed to transport sixteen or more
passengers, including the driver; or
(B) Vehicles used in the transportation of hazardous
materials that requires the vehicle to be identified with a
placard under 49 C.F.R., part 172, subpart F.
(b) The following endorsements and restrictions may be
placed on a license:
[Title 46 RCW—page 104]
(i) "H" authorizes the driver to drive a vehicle transporting hazardous materials.
(ii) "K" restricts the driver to vehicles not equipped with
air brakes.
(iii) "T" authorizes driving double and triple trailers.
(iv) "P1" authorizes driving all vehicles carrying
passengers.
(v) "P2" authorizes driving vehicles with a GVWR of
less than 26,001 pounds carrying sixteen or more passengers,
including the driver.
(vi) "N" authorizes driving tank vehicles.
(vii) "X" represents a combination of hazardous materials and tank vehicle endorsements.
The license may be issued with additional endorsements
and restrictions as established by rule of the director.
(3) All school bus drivers must have either a "P1" or
"P2" endorsement depending on the GVWR of the school
bus being driven.
(4) Before issuing a commercial driver’s license, the
department shall obtain driving record information through
the commercial driver’s license information system, the
national driver register, and from the current state of record.
(5) Within ten days after issuing a commercial driver’s
license, the department must notify the commercial driver’s
license information system of that fact, and provide all
information required to ensure identification of the person.
(6) A commercial driver’s license shall expire in the
same manner as provided in RCW 46.20.181.
(7) When applying for renewal of a commercial driver’s
license, the applicant shall complete the application form
required by RCW 46.25.070(1), providing updated information and required certifications. If the applicant wishes to
retain a hazardous materials endorsement, the applicant shall
take and pass the written test for a hazardous materials
endorsement. [1996 c 30 § 2; 1989 c 178 § 10.]
Effective date—1996 c 30: See note following RCW 46.25.010.
46.25.090 Disqualification—Grounds for, period
of—Records, notice. (1) A person is disqualified from
driving a commercial motor vehicle for a period of not less
than one year if a report has been received by the department pursuant to RCW 46.25.120, or if the person has been
convicted of a first violation, within this or any other
jurisdiction, of:
(a) Driving a commercial motor vehicle under the
influence of alcohol or any drug;
(b) Driving a commercial motor vehicle while the
alcohol concentration in the person’s system is 0.04 or more
as determined by any testing methods approved by law in
this state or any other state or jurisdiction;
(c) Leaving the scene of an accident involving a
commercial motor vehicle driven by the person;
(d) Using a commercial motor vehicle in the commission of a felony;
(e) Refusing to submit to a test to determine the driver’s
alcohol concentration while driving a motor vehicle.
If any of the violations set forth in this subsection
occurred while transporting a hazardous material required to
be identified by a placard, the person is disqualified for a
period of not less than three years.
(2002 Ed.)
Uniform Commercial Driver’s License Act
(2) A person is disqualified for life if it has been
determined that the person has committed or has been
convicted of two or more violations of any of the offenses
specified in subsection (1) of this section, or any combination of those offenses, arising from two or more separate
incidents. Only offenses committed after October 1, 1989,
may be considered in applying this subsection.
(3) The department may adopt rules, in accordance with
federal regulations, establishing guidelines, including
conditions, under which a disqualification for life under
subsection (2) of this section may be reduced to a period of
not less than ten years.
(4) A person is disqualified from driving a commercial
motor vehicle for life who uses a commercial motor vehicle
in the commission of a felony involving the manufacture,
distribution, or dispensing of a controlled substance, as
defined by chapter 69.50 RCW, or possession with intent to
manufacture, distribute, or dispense a controlled substance,
as defined by chapter 69.50 RCW.
(5) A person is disqualified from driving a commercial
motor vehicle for a period of not less than sixty days if
convicted of or found to have committed two serious traffic
violations, or one hundred twenty days if convicted of or
found to have committed three serious traffic violations,
committed in a commercial motor vehicle arising from
separate incidents occurring within a three-year period.
(6) A person is disqualified from driving a commercial
motor vehicle for a period of:
(a) Not less than ninety days nor more than one year if
convicted of or found to have committed a first violation of
an out-of-service order while driving a commercial vehicle;
(b) Not less than one year nor more than five years if,
during a ten-year period, the person is convicted of or is
found to have committed two violations of out-of-service
orders while driving a commercial vehicle in separate
incidents;
(c) Not less than three years nor more than five years if,
during a ten-year period, the person is convicted of or is
found to have committed three or more violations of out-ofservice orders while driving commercial vehicles in separate
incidents;
(d) Not less than one hundred eighty days nor more than
two years if the person is convicted of or is found to have
committed a first violation of an out-of-service order while
transporting hazardous materials required to be placarded
under the Hazardous Materials Transportation Act (46 U.S.C.
Sec. 1801-1813), or while operating motor vehicles designed
to transport sixteen or more passengers, including the driver.
A person is disqualified for a period of not less than three
years nor more than five years if, during a ten-year period,
the person is convicted of or is found to have committed
subsequent violations of out-of-service orders, in separate
incidents, while transporting hazardous materials required to
be placarded under the Hazardous Materials Transportation
Act, or while operating motor vehicles designed to transport
sixteen or more passengers, including the driver.
(7) A person is disqualified from driving a commercial
motor vehicle if a report has been received by the department under RCW 46.25.125 that the person has received a
confirmed positive drug or alcohol test either as part of the
testing program required by 49 C.F.R. 382 or 49 C.F.R. 40
or as part of a preemployment drug test. A disqualification
(2002 Ed.)
46.25.090
under this subsection remains in effect until the person
undergoes a drug and alcohol assessment by an agency
certified by the department of social and health services and,
if the person is classified as an alcoholic, drug addict,
alcohol abuser, or drug abuser, until the person presents
evidence of satisfactory participation in or successful
completion of a drug or alcohol treatment program that has
been certified by the department of social and health services
under chapter 70.96A RCW and until the person has met the
requirements of RCW 46.25.100. The agency making a drug
and alcohol assessment under this section shall forward a
diagnostic evaluation and treatment recommendation to the
department of licensing for use in determining the person’s
eligibility for driving a commercial motor vehicle. Persons
who are disqualified under this subsection more than twice
in a five-year period are disqualified for life.
(8)(a) A person is disqualified from driving a commercial motor vehicle for the period of time specified in (b) of
this subsection if he or she is convicted of or is found to
have committed one of the following six offenses at a railroad-highway grade crossing while operating a commercial
motor vehicle in violation of a federal, state, or local law or
regulation:
(i) For drivers who are not required to always stop,
failing to slow down and check that the tracks are clear of
an approaching train;
(ii) For drivers who are not required to always stop,
failing to stop before reaching the crossing, if the tracks are
not clear;
(iii) For drivers who are always required to stop, failing
to stop before driving onto the crossing;
(iv) For all drivers, failing to have sufficient space to
drive completely through the crossing without stopping;
(v) For all drivers, failing to obey a traffic control
device or the directions of an enforcement officer at the
crossing;
(vi) For all drivers, failing to negotiate a crossing
because of insufficient undercarriage clearance.
(b) A person is disqualified from driving a commercial
motor vehicle for a period of:
(i) Not less than sixty days if the driver is convicted of
or is found to have committed a first violation of a railroadhighway grade crossing violation;
(ii) Not less than one hundred twenty days if the driver
is convicted of or is found to have committed a second
railroad-highway grade crossing violation in separate
incidents within a three-year period;
(iii) Not less than one year if the driver is convicted of
or is found to have committed a third or subsequent railroadhighway grade crossing violation in separate incidents within
a three-year period.
(9) Within ten days after suspending, revoking, or
canceling a commercial driver’s license, the department shall
update its records to reflect that action. After suspending,
revoking, or canceling a nonresident commercial driver’s
privileges, the department shall notify the licensing authority
of the state that issued the commercial driver’s license.
[2002 c 272 § 3; 2002 c 193 § 1; 1996 c 30 § 3; 1989 c 178
§ 11.]
Reviser’s note: This section was amended by 2002 c 193 § 1 and by
2002 c 272 § 3, each without reference to the other. Both amendments are
[Title 46 RCW—page 105]
46.25.090
Title 46 RCW: Motor Vehicles
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1996 c 30: See note following RCW 46.25.010.
46.25.100 Restoration after disqualification. When
a person has been disqualified from operating a commercial
motor vehicle, the person is not entitled to have the commercial driver’s license restored until after the expiration of the
appropriate disqualification period required under RCW
46.25.090 or until the department has received a drug and
alcohol assessment and evidence is presented of satisfactory
participation in or completion of any required drug or
alcohol treatment program for ending the disqualification
under RCW 46.25.090(7). After expiration of the appropriate period and upon payment of a requalification fee of
twenty dollars, or one hundred fifty dollars if the person has
been disqualified under RCW 46.25.090(7), the person may
apply for a new, duplicate, or renewal commercial driver’s
license as provided by law. If the person has been disqualified for a period of one year or more, the person shall
demonstrate that he or she meets the commercial driver’s
license qualification standards specified in RCW 46.25.060.
[2002 c 272 § 4; 1989 c 178 § 12.]
46.25.110 Driving with alcohol in system. (1)
Notwithstanding any other provision of Title 46 RCW, a
person may not drive, operate, or be in physical control of
a commercial motor vehicle while having alcohol in his or
her system.
(2) Law enforcement or appropriate officials shall issue
an out-of-service order valid for twenty-four hours against a
person who drives, operates, or is in physical control of a
commercial motor vehicle while having alcohol in his or her
system or who refuses to take a test to determine his or her
alcohol content as provided by RCW 46.25.120. [1989 c
178 § 13.]
46.25.120
Test for alcohol or drugs—
Disqualification for refusal of test or positive test. (1) A
person who drives a commercial motor vehicle within this
state is deemed to have given consent, subject to RCW
46.61.506, to take a test or tests of that person’s blood or
breath for the purpose of determining that person’s alcohol
concentration or the presence of other drugs.
(2) A test or tests may be administered at the direction
of a law enforcement officer, who after stopping or detaining
the commercial motor vehicle driver, has probable cause to
believe that driver was driving a commercial motor vehicle
while having alcohol in his or her system.
(3) The law enforcement officer requesting the test
under subsection (1) of this section shall warn the person
requested to submit to the test that a refusal to submit will
result in that person being disqualified from operating a
commercial motor vehicle under RCW 46.25.090.
(4) If the person refuses testing, or submits to a test that
discloses an alcohol concentration of 0.04 or more, the law
enforcement officer shall submit a sworn report to the
department certifying that the test was requested pursuant to
subsection (1) of this section and that the person refused to
submit to testing, or submitted to a test that disclosed an
alcohol concentration of 0.04 or more.
[Title 46 RCW—page 106]
(5) Upon receipt of the sworn report of a law enforcement officer under subsection (4) of this section, the department shall disqualify the driver from driving a commercial
motor vehicle under RCW 46.25.090, subject to the hearing
provisions of RCW 46.20.329 and 46.20.332. The hearing
shall be conducted in the county of the arrest. For the
purposes of this section, the hearing shall cover the issues of
whether a law enforcement officer had reasonable grounds
to believe the person had been driving or was in actual physical control of a commercial motor vehicle within this state
while having alcohol in the person’s system, whether the
person refused to submit to the test or tests upon request of
the officer after having been informed that the refusal would
result in the disqualification of the person from driving a
commercial motor vehicle, and, if the test was administered,
whether the results indicated an alcohol concentration of 0.04
percent or more. The department shall order that the
disqualification of the person either be rescinded or sustained. Any decision by the department disqualifying a
person from driving a commercial motor vehicle is stayed
and does not take effect while a formal hearing is pending
under this section or during the pendency of a subsequent
appeal to superior court so long as there is no conviction for
a moving violation or no finding that the person has committed a traffic infraction that is a moving violation during the
pendency of the hearing and appeal. If the disqualification
of the person is sustained after the hearing, the person who
is disqualified may file a petition in the superior court of the
county of arrest to review the final order of disqualification
by the department in the manner provided in RCW
46.20.334.
(6) If a motor carrier or employer who is required to
have a testing program under 49 C.F.R. 382 knows that a
commercial driver in his or her employ has refused to submit
to testing under this section and has not been disqualified
from driving a commercial motor vehicle, the employer may
notify law enforcement or his or her medical review officer
or breath alcohol technician that the driver has refused to
submit to the required testing.
(7) The hearing provisions of this section do not apply
to those persons disqualified from driving a commercial
motor vehicle under RCW 46.25.090(7). [2002 c 272 § 5;
1998 c 41 § 6; 1990 c 250 § 50; 1989 c 178 § 14.]
Intent—Construction—Effective date—1998 c 41: See notes
following RCW 46.20.265.
Severability—1990 c 250: See note following RCW 46.16.301.
46.25.123 Mandatory reporting of positive test. All
medical review officers or breath alcohol technicians hired
by or under contract to a motor carrier or employer who is
required to have a testing program under 49 C.F.R. 382 or
to a consortium the carrier belongs to, as defined in 49
C.F.R. 382.17, shall report the finding of a commercial
driver’s confirmed positive drug or alcohol test to the department of licensing on a form provided by the department.
Motor carriers, employers, or consortiums shall make it a
written condition of their contract or agreement with a
medical review officer or breath alcohol technician, regardless of the state where the medical review officer or breath
alcohol technician is located, that the medical review officer
or breath alcohol technician is required to report all Wash(2002 Ed.)
Uniform Commercial Driver’s License Act
ington state licensed drivers who have a confirmed positive
drug or alcohol test to the department of licensing within
three business days of the confirmed test. Failure to obtain
this contractual condition or agreement with the medical
review officer or breath alcohol technician by the motor
carrier, employer, or consortium will result in an administrative fine as provided in RCW 81.04.405. Substances
obtained for testing may not be used for any purpose other
than drug or alcohol testing under 49 C.F.R. 382. [2002 c
272 § 1.]
46.25.125 Disqualification for positive test—
Procedure. (1) When the department of licensing receives
a report from a medical review officer or breath alcohol
technician that the holder of a commercial driver’s license
has a confirmed positive drug or alcohol test, either as part
of the testing program required by 49 C.F.R. 382 or as part
of a preemployment drug test, the department shall disqualify the driver from driving a commercial motor vehicle under
RCW 46.25.090(7) subject to a hearing as provided in this
section. The department shall notify the person in writing of
the disqualification by first class mail. The notice must
explain the procedure for the person to request a hearing.
(2) A person disqualified from driving a commercial
motor vehicle for having a confirmed positive drug or
alcohol test may request a hearing to challenge the disqualification within twenty days from the date notice is given. If
the request for a hearing is mailed, it must be postmarked
within twenty days after the department has given notice of
the disqualification.
(3) The hearing must be conducted in the county of the
person’s residence, except that the department may conduct
all or part of the hearing by telephone or other electronic
means.
(4) For the purposes of this section, the hearing must be
limited to the following issues: (a) Whether the driver is the
person who took the drug or alcohol test; (b) whether the
motor carrier, employer, or consortium has a program that
meets the federal requirements under 49 C.F.R. 382; and (c)
whether the medical review officer or breath alcohol technician making the report accurately followed the protocols for
testing established to certify the results. Evidence may be
presented to demonstrate that the test results are a false
positive. For the purpose of a hearing under this section, a
copy of the positive test result with a declaration by the
tester or medical review officer or breath alcohol technician
stating the accuracy of the laboratory protocols followed to
arrive at the test result is prima facie evidence of a confirmed positive drug or alcohol test result. After the hearing,
the department shall order the disqualification of the person
either be rescinded or sustained.
(5) If the person does not request a hearing within the
twenty-day time limit, or if the person fails to appear at a
hearing, the person has waived the right to a hearing and the
department shall sustain the disqualification.
(6) A decision by the department disqualifying a person
from driving a commercial motor vehicle is stayed and does
not take effect while a formal hearing is pending under this
section or during the pendency of a subsequent appeal to
superior court so long as there is no conviction for a moving
violation or no finding that the person has committed a
(2002 Ed.)
46.25.123
traffic infraction that is a moving violation and the department receives no further report of a confirmed positive drug
or alcohol test during the pendency of the hearing and
appeal. If the disqualification is sustained after the hearing,
the person who is disqualified may file a petition in the
superior court of the county of his or her residence to review
the final order of disqualification by the department in the
manner provided in RCW 46.20.334.
(7) The department of licensing may adopt rules
specifying further requirements for requesting a hearing
under this section.
(8) The department of licensing is not civilly liable for
damage resulting from disqualifying a driver based on a
confirmed positive drug or alcohol test result as required by
this section or for damage resulting from release of this
information that occurs in the normal course of business.
[2002 c 272 § 2.]
46.25.130 Report of violation by nonresident.
Within ten days after receiving a report of the conviction of
any nonresident holder of a commercial driver’s license for
any violation of state law or local ordinance relating to
motor vehicle traffic control, other than parking violations,
committed in a commercial motor vehicle, the department
shall notify the driver licensing authority in the licensing
state of the conviction. [1989 c 178 § 15.]
46.25.140 Rules. The department may adopt rules
necessary to carry out this chapter. [1989 c 178 § 16.]
46.25.150 Agreements to carry out chapter. The
department may enter into or make agreements, arrangements, or declarations to carry out this chapter. [1989 c 178
§ 17.]
46.25.160 Licenses issued by other states. Notwithstanding any law to the contrary, a person may drive a
commercial motor vehicle if the person has a commercial
driver’s license or commercial driver’s instruction permit
issued by any state in accordance with the minimum federal
standards for the issuance of commercial motor vehicle
driver’s licenses or permits, if the person’s license or permit
is not suspended, revoked, or canceled, and if the person is
not disqualified from driving a commercial motor vehicle or
is subject to an out-of-service order. [1989 c 178 § 18.]
46.25.170 Civil and criminal penalties. (1) A person
subject to RCW 81.04.405 who is determined by the utilities
and transportation commission, after notice, to have committed an act that is in violation of RCW 46.25.020, 46.25.030,
46.25.040, 46.25.050, or 46.25.110 is liable to Washington
state for the civil penalties provided for in RCW 81.04.405.
(2) A person who violates or fails to comply with, or
who procures, aids, or abets in the violation of any provision
of RCW 46.25.020, 46.25.030, 46.25.040, 46.25.050, or
46.25.110 is guilty of a gross misdemeanor. [1989 c 178 §
19.]
46.25.900 Severability—1989 c 178. If any provision
of this act or its application to any person or circumstance is
[Title 46 RCW—page 107]
46.25.900
Title 46 RCW: Motor Vehicles
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 178 § 30.]
46.25.901 Effective dates—1989 c 178. Sections 25,
26, 28, and 32 of this act shall take effect on April 1, 1992.
The remainder of this act shall take effect on October 1,
1989. The director of licensing may immediately take such
steps as are necessary to insure that all sections of this act
are implemented on their respective effective dates. [1989
c 178 § 33.]
Chapter 46.29
FINANCIAL RESPONSIBILITY
Sections
46.29.430
46.29.440
46.29.450
46.29.460
46.29.470
46.29.480
46.29.490
46.29.500
46.29.510
46.29.520
46.29.530
46.29.540
46.29.550
46.29.560
46.29.570
46.29.580
46.29.590
46.29.600
ADMINISTRATION
46.29.010
46.29.020
46.29.030
46.29.040
46.29.050
Purpose.
Definitions.
Director to administer chapter.
Court review.
Furnishing driving record and evidence of ability to respond
in damages—Fees.
SECURITY FOLLOWING ACCIDENT
46.29.060
46.29.070
46.29.080
46.29.090
46.29.100
46.29.110
46.29.120
46.29.130
46.29.140
46.29.150
46.29.160
46.29.170
46.29.180
46.29.190
46.29.200
46.29.210
46.29.220
46.29.230
46.29.240
Application of sections requiring deposit of security and
suspensions for failure to deposit security.
Department to determine amount of security required—
Notices.
Exceptions as to requirement of security.
Requirements as to policy or bond.
Form and amount of security.
Failure to deposit security—Suspensions.
Release from liability.
Adjudication of nonliability.
Agreements for payment of damages.
Payment upon judgment.
Termination of security requirement.
Duration of suspension.
Application to nonresidents, unlicensed drivers, unregistered
vehicles, and accidents in other states.
Authority of department to decrease amount of security.
Correction of action by department.
Custody of security.
Disposition of security.
Return of deposit.
Certain matters not evidence in civil suits.
PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE
46.29.250
46.29.260
46.29.270
46.29.280
46.29.290
46.29.300
46.29.310
46.29.320
46.29.330
46.29.340
46.29.350
46.29.360
46.29.370
46.29.390
46.29.400
46.29.410
46.29.420
Application of sections requiring deposit of proof of financial responsibility for the future.
Meaning of "proof of financial responsibility for the future."
Meaning of "judgment" and "state."
Suspension continues until proof furnished.
Action in respect to unlicensed person.
Action in respect to nonresidents.
When courts to report nonpayment of judgments.
Further action with respect to nonresidents.
Suspension for nonpayment of judgments.
Exception in relation to government vehicles.
Exception when consent granted by judgment creditor.
Exception when insurer liable.
Suspension continues until judgments paid and proof given.
Payments sufficient to satisfy requirements.
Installment payment of judgments—Default.
Action if breach of agreement.
Proof required in addition to deposit of security after accident.
[Title 46 RCW—page 108]
Additional proof required—Suspension or revocation for
failure to give proof.
Additional proof required—Suspension to continue until
proof given and maintained.
Alternate methods of giving proof.
Certificate of insurance as proof.
Certificate furnished by nonresident as proof.
Default by nonresident insurer.
"Motor vehicle liability policy" defined.
Notice of cancellation or termination of certified policy.
Chapter not to affect other policies.
Bond as proof.
When bond constitutes a lien.
Action on bond.
Money or securities as proof.
Application of deposit.
Owner may give proof for others.
Substitution of proof.
Other proof required, when.
Duration of proof—When proof may be canceled or returned.
VIOLATIONS
46.29.605
46.29.610
46.29.620
Suspension of registration, notice—Surrender of license
plates—Penalties.
Surrender of license—Penalty.
Forged proof—Penalty.
MISCELLANEOUS
46.29.630 Self-insurers.
46.29.640 Chapter not to prevent other process.
46.29.900 Construction—1963 c 169.
46.29.910 Severability—1963 c 169.
46.29.920 Repeals and saving.
Revoked license not to be renewed or restored until proof of financial
responsibility given: RCW 46.20.311.
ADMINISTRATION
46.29.010 Purpose. It is the purpose of this chapter
to adopt in substance the provisions of the uniform vehicle
code relating to financial responsibility in order to achieve
greater uniformity with the laws of other states and thereby
reduce the conflicts in laws confronting motorists as they
travel between states. [1963 c 169 § 1.]
46.29.020 Definitions. (1) The term "owner" as used
in this chapter shall mean registered owner as defined in
RCW 46.04.460.
(2) The term "registration" as used in this chapter shall
mean the certificate of license registration issued under the
laws of this state. [1963 c 169 § 2.]
46.29.030 Director to administer chapter. (1) The
director shall administer and enforce the provisions of this
chapter and may make rules and regulations necessary for its
administration.
(2) The director shall prescribe and provide suitable
forms requisite or deemed necessary for the purposes of this
chapter. [1963 c 169 § 3.]
46.29.040 Court review. Any order of the director
under the provisions of this chapter shall be subject to
review, at the instance of any party in interest, by appeal to
the superior court of Thurston county, or at his option to the
superior court of the county of his residence. The scope of
(2002 Ed.)
Financial Responsibility
such review shall be limited to that prescribed by RCW
7.16.120 governing review by certiorari. Notice of appeal
must be filed within thirty days after service of the notice of
such order. The court shall determine whether the filing of
the appeal shall operate as a stay of any such order of the
director. Upon the filing the notice of appeal the court shall
issue an order to the director to show cause why the order
should not be reversed or modified. The order to show
cause shall be returnable not less than ten nor more than
thirty days after the date of service thereof upon the director.
The court after hearing the matter may modify, affirm or
reverse the order of the director in whole or in part. [1998
c 41 § 7; 1963 c 169 § 4.]
Intent—Construction—Effective date—1998 c 41: See notes
following RCW 46.20.265.
46.29.050 Furnishing driving record and evidence
of ability to respond in damages—Fees. (1) The department shall upon request furnish any person or his attorney a
certified abstract of his driving record, which abstract shall
include enumeration of any motor vehicle accidents in which
such person has been involved. Such abstract shall (a)
indicate the total number of vehicles involved, whether the
vehicles were legally parked or moving, and whether the
vehicles were occupied at the time of the accident; and (b)
contain reference to any convictions of the person for
violation of the motor vehicle laws as reported to the
department, reference to any findings that the person has
committed a traffic infraction which have been reported to
the department, and a record of any vehicles registered in the
name of the person. The department shall collect for each
abstract the sum of five dollars, which shall be deposited in
the highway safety fund.
(2) The department shall upon request furnish any
person who may have been injured in person or property by
any motor vehicle, with an abstract of all information of
record in the department pertaining to the evidence of the
ability of any driver or owner of any motor vehicle to
respond in damages. The department shall collect for each
abstract the sum of five dollars, which shall be deposited in
the highway safety fund. [2002 c 352 § 19; 1987 1st ex.s.
c 9 § 1; 1985 ex.s. c 1 § 10; 1979 ex.s. c 136 § 63; 1969
ex.s. c 40 § 1; 1967 c 174 § 1; 1963 c 169 § 5.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Severability—1987 1st ex.s. c 9: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 1st ex.s. c 9 § 11.]
Effective date—1987 1st ex.s. c 9: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect July 1, 1987." [1987 1st ex.s. c 9 § 12.]
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective date—1967 c 174: "Sections 1, 2, 3 and 4 of this
amendatory act shall become effective July 1, 1967." [1967 c 174 § 7.]
Abstract of driving record furnished to insurance company: RCW
46.52.130.
(2002 Ed.)
46.29.040
SECURITY FOLLOWING ACCIDENT
46.29.060 Application of sections requiring deposit
of security and suspensions for failure to deposit security.
The provisions of this chapter, requiring deposit of security
and suspensions for failure to deposit security, subject to
certain exemptions, shall apply to the driver and owner of
any vehicle of a type subject to registration under the motor
vehicle laws of this state which is in any manner involved in
an accident within this state, which accident has resulted in
bodily injury or death of any person or damage to the
property of any one person to an apparent extent equal to or
greater than the minimum amount established by rule
adopted by the director. The director shall adopt rules
establishing the property damage threshold at which the provisions of this chapter apply with respect to the deposit of
security and suspensions for failure to deposit security.
Beginning October 1, 1987, the property damage threshold
shall be five hundred dollars. The thresholds shall be
revised when necessary, but not more frequently than every
two years. The revisions shall only be for the purpose of
recognizing economic changes as reflected by an inflationary
index recommended by the office of financial management.
The revisions shall be guided by the change in the index for
the time period since the last revision and by the threshold
established by the chief of the Washington state patrol for
the filing of accident reports as provided in RCW 46.52.030.
[1987 c 463 § 1; 1977 ex.s. c 369 § 1; 1971 ex.s. c 22 § 2;
1963 c 169 § 6.]
46.29.070 Department to determine amount of
security required—Notices. (1) The department, not less
than twenty days after receipt of a report of an accident as
described in the preceding section, shall determine the
amount of security which shall be sufficient in its judgment
to satisfy any judgment or judgments for damages resulting
from such accident as may be recovered against each driver
or owner. Such determination shall not be made with
respect to drivers or owners who are exempt under succeeding sections of this chapter from the requirements as to
security and suspension.
(2) The department shall determine the amount of
security deposit required of any person upon the basis of the
reports or other information submitted. In the event a person
involved in an accident as described in this chapter fails to
make a report or submit information indicating the extent of
his injuries or the damage to his property within one hundred
eighty days after the accident and the department does not
have sufficient information on which to base an evaluation
of such injuries or damage, then the department after reasonable notice to such person, if it is possible to give such
notice, otherwise without such notice, shall not require any
deposit of security for the benefit or protection of such
person.
(3) The department after receipt of report of any
accident referred to herein and upon determining the amount
of security to be required of any person involved in such
accident or to be required of the owner of any vehicle
involved in such accident shall give written notice to every
such person of the amount of security required to be deposited by him and that an order of suspension will be made as
[Title 46 RCW—page 109]
46.29.070
Title 46 RCW: Motor Vehicles
hereinafter provided not less than twenty days and not more
than sixty days after the sending of such notice unless within
said time security be deposited as required by said notice.
[1981 c 309 § 1; 1979 c 78 § 1; 1963 c 169 § 7.]
Proof of financial security for the future required in addition to security
after accident: RCW 46.29.420.
46.29.080 Exceptions as to requirement of security.
The requirements as to security and suspension in this
chapter shall not apply:
(1) To the driver or owner if the owner had in effect at
the time of the accident an automobile liability policy or
bond with respect to the vehicle involved in the accident,
except that a driver shall not be exempt under this subsection
if at the time of the accident the vehicle was being operated
without the owner’s permission, express or implied;
(2) To the driver, if not the owner of the vehicle
involved in the accident, if there was in effect at the time of
the accident an automobile liability policy or bond with
respect to his driving of vehicles not owned by him;
(3) To the driver, if not the owner of the vehicle
involved in the accident, if there was in effect at the time of
the accident an automobile liability policy or bond as to
which there is a bona fide dispute concerning coverage of
such driver as evidenced by the pendency of litigation
seeking a declaration of said driver’s coverage under such
policy or bond;
(4) To the driver, whether or not the owner, if there is
a bona fide claim on the part of the driver that there was in
effect at the time of the accident, an automobile liability
policy or bond insuring or covering such driver;
(5) To any person qualifying as a self-insurer under
RCW 46.29.630 or to any person operating a vehicle for
such self-insurer;
(6) To the driver or the owner of a vehicle involved in
an accident wherein no injury or damage was caused to the
person or property of anyone other than such driver or
owner;
(7) To the driver or owner of a vehicle which at the
time of the accident was parked, unless such vehicle was
parked at a place where parking was at the time of the
accident prohibited under any applicable law or ordinance;
(8) To the owner of a vehicle if at the time of the
accident the vehicle was being operated without his permission, express or implied, or was parked by a person who had
been operating such vehicle without such permission, except
if the vehicle was operated by his minor child or spouse;
(9) To the owner of a vehicle involved in an accident if
at the time of the accident such vehicle was owned by or
leased to the United States, this state or any political
subdivision of this state or a municipality thereof, or to the
driver of such vehicle if operating such vehicle with permission; or
(10) To the driver or the owner of a vehicle in the event
at the time of the accident the vehicle was being operated by
or under the direction of a police officer who, in the performance of his duties, shall have assumed custody of such
vehicle. [1965 c 124 § 1; 1963 c 169 § 8.]
46.29.090 Requirements as to policy or bond. (1)
No policy or bond is effective under RCW 46.29.080 unless
[Title 46 RCW—page 110]
issued by an insurance company or surety company authorized to do business in this state, except as provided in subsection (2) of this section, nor unless such policy or bond is
subject, if the accident has resulted in bodily injury or death,
to a limit, exclusive of interest and costs, of not less than
twenty-five thousand dollars because of bodily injury to or
death of one person in any one accident and, subject to said
limit for one person, to a limit of not less than fifty thousand
dollars because of bodily injury to or death of two or more
persons in any one accident, and if the accident has resulted
in injury to, or destruction of, property to a limit of not less
than ten thousand dollars because of injury to or destruction
of property of others in any one accident.
(2) No policy or bond is effective under RCW
46.29.080 with respect to any vehicle which was not
registered in this state or was a vehicle which was registered
elsewhere than in this state at the effective date of the policy
or bond or the most recent renewal thereof, unless the
insurance company or surety company issuing such policy or
bond is authorized to do business in this state, or if said
company is not authorized to do business in this state, unless
it executes a power of attorney authorizing the director of
licensing to accept service on its behalf of notice or process
in any action upon such policy or bond arising out of such
accident.
(3) The department may rely upon the accuracy of the
information in a required report of an accident as to the
existence of insurance or a bond unless and until the department has reason to believe that the information is erroneous.
[1980 c 117 § 3; 1979 c 158 § 155; 1967 ex.s. c 3 § 1; 1963
c 169 § 9.]
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: "This amendatory act shall take effect
on July 1, 1968." [1967 ex.s. c 3 § 6.]
46.29.100 Form and amount of security. (1) The
security required under this chapter shall be in such form
and in such amount as the department may require, but in no
case in excess of the limits specified in RCW 46.29.090 in
reference to the acceptable limits of a policy or bond.
(2) Every depositor of security shall designate in writing
every person in whose name such deposit is made and may
at any time change such designation, but any single deposit
of security shall be applicable only on behalf of persons
required to furnish security because of the same accident.
[1963 c 169 § 10.]
46.29.110 Failure to deposit security—Suspensions.
If a person required to deposit security under this chapter
fails to deposit such security within sixty days after the
department has sent the notice as hereinbefore provided, the
department shall thereupon suspend:
(1) The driver’s license of each driver in any manner
involved in the accident;
(2) The driver’s license of the owner of each vehicle of
a type subject to registration under the laws of this state
involved in the accident;
(3) If the driver or owner is a nonresident, the privilege
of operating within this state a vehicle of a type subject to
registration under the laws of this state.
(2002 Ed.)
Financial Responsibility
Such suspensions shall be made in respect to persons
required by the department to deposit security who fail to
deposit such security except as otherwise provided under
succeeding sections of this chapter. [1990 c 250 § 51; 1987
c 378 § 1; 1967 c 32 § 37; 1963 c 169 § 11.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.29.120 Release from liability. (1) A person shall
be relieved from the requirement for deposit of security for
the benefit or protection of another person injured or
damaged in the accident in the event he is released from
liability by such other person.
(2) In the event the department has evaluated the
injuries or damage to any minor the department may accept,
for the purposes of this chapter only, evidence of a release
from liability executed by a natural guardian or a legal
guardian on behalf of such minor without the approval of
any court or judge. [1965 c 124 § 2; 1963 c 169 § 12.]
46.29.130 Adjudication of nonliability. A person
shall be relieved from the requirement for deposit of security
in respect to a claim for injury or damage arising out of the
accident in the event such person has been finally adjudicated not to be liable in respect to such claim. [1963 c 169 §
13.]
46.29.140 Agreements for payment of damages. (1)
Any two or more of the persons involved in or affected by
an accident as described in RCW 46.29.060 may at any time
enter into a written agreement for the payment of an agreed
amount with respect to all claims of any of such persons
because of bodily injury to or death or property damage
arising from such accident, which agreement may provide
for payment in installments, and may file a signed copy
thereof with the department.
(2) The department, to the extent provided by any such
written agreement filed with it, shall not require the deposit
of security and shall terminate any prior order of suspension,
or, if security has previously been deposited, the department
shall immediately return such security to the depositor or his
personal representative.
(3) In the event of a default in any payment under such
agreement and upon notice of such default the department
shall take action suspending the license of such person in
default as would be appropriate in the event of failure of
such person to deposit security when required under this
chapter.
(4) Such suspension shall remain in effect and such
license shall not be restored unless and until:
(a) Security is deposited as required under this chapter
in such amount as the department may then determine,
(b) When, following any such default and suspension,
the person in default has paid the balance of the agreed
amount,
(c) When, following any such default and suspension,
the person in default has resumed installment payments
under an agreement acceptable to the creditor, or
(d) Three years have elapsed following the accident and
evidence satisfactory to the department has been filed with
it that during such period no action at law upon such
(2002 Ed.)
46.29.110
agreement has been instituted and is pending. [1981 c 309
§ 2; 1963 c 169 § 14.]
46.29.150 Payment upon judgment. The payment of
a judgment arising out of an accident or the payment upon
such judgment of an amount equal to the maximum amount
which could be required for deposit under this chapter shall,
for the purposes of this chapter, release the judgment debtor
from the liability evidenced by such judgment. [1963 c 169
§ 15.]
46.29.160 Termination of security requirement.
The department, if satisfied as to the existence of any fact
which under RCW 46.29.120, 46.29.130, 46.29.140 or
46.29.150 would entitle a person to be relieved from the
security requirements of this chapter, shall not require the
deposit of security by the person so relieved from such
requirement, or if security has previously been deposited by
such person, the department shall immediately return such
deposit to such person or to his personal representative.
[1963 c 169 § 16.]
46.29.170 Duration of suspension. Unless a suspension is terminated under other provisions of this chapter, any
order of suspension by the department under this chapter
shall remain in effect and no license shall be renewed for or
issued to any person whose license is so suspended until:
(1) Such person shall deposit or there shall be deposited
on his behalf the security required under this chapter, or
(2) Three years have elapsed following the date of the
accident resulting in such suspension and evidence satisfactory to the department has been filed with it that during such
period no action for damages arising out of the accident
resulting in such suspension has been instituted.
An affidavit of the applicant that no action at law for
damages arising out of the accident has been filed against
him or, if filed, that it is not still pending shall be prima
facie evidence of that fact. The department may take
whatever steps are necessary to verify the statement set forth
in any said affidavit. [1981 c 309 § 3; 1963 c 169 § 17.]
46.29.180 Application to nonresidents, unlicensed
drivers, unregistered vehicles, and accidents in other
states. (1) In case the driver or the owner of a vehicle of a
type subject to registration under the laws of this state
involved in an accident within this state has no driver’s
license in this state, then such driver shall not be allowed a
driver’s license until he has complied with the requirements
of this chapter to the same extent that would be necessary if,
at the time of the accident, he had held a license or been the
owner of a vehicle registered in this state.
(2) When a nonresident’s driving privilege is suspended
pursuant to RCW 46.29.110, the department shall transmit a
certified copy of the record or abstract of such action to the
official in charge of the issuance of licenses and registration
certificates in the state in which such nonresident resides, if
the law of such other state provided for action in relation
thereto similar to that provided for in subsection (3) of this
section.
(3) Upon receipt of such certification that the driving
privilege of a resident of this state has been suspended or
[Title 46 RCW—page 111]
46.29.180
Title 46 RCW: Motor Vehicles
revoked in any such other state pursuant to a law providing
for its suspension or revocation for failure to deposit security
for the payment of judgments arising out of a motor vehicle
accident, under circumstances which would require the
department to suspend a nonresident’s driving privilege had
the accident occurred in this state, the department shall
suspend the license of such resident. Such suspension shall
continue until such resident furnishes evidence of his
compliance with the law of such other state relating to the
deposit of such security. [1967 c 32 § 38; 1963 c 169 § 18.]
46.29.190 Authority of department to decrease
amount of security. The department may reduce the
amount of security ordered in any case if in its judgment the
amount ordered is excessive. In case the security originally
ordered has been deposited, the excess deposit over the
reduced amount ordered shall be returned to the depositor or
his personal representative forthwith. [1965 c 124 § 3; 1963
c 169 § 19.]
46.29.200 Correction of action by department.
Whenever the department has taken any action or has failed
to take any action under this chapter by reason of having
received erroneous information, then upon receiving correct
information within three years after the date of an accident
the department shall take appropriate action to carry out the
purposes and effect of this chapter. The foregoing, however,
shall not be deemed to require the department to reevaluate
the amount of any deposit required under this chapter.
[1967 c 61 § 1; 1965 c 124 § 4; 1963 c 169 § 20.]
46.29.210 Custody of security. The department shall
place any security deposited with it under this chapter in the
custody of the state treasurer. [1963 c 169 § 21.]
46.29.220 Disposition of security. (1) Such security
shall be applicable and available only:
(a) For the payment of any settlement agreement
covering any claim arising out of the accident upon instruction of the person who made the deposit, or
(b) For the payment of a judgment or judgments,
rendered against the person required to make the deposit, for
damages arising out of the accident in an action at law
begun not later than three years after the date of the accident.
(2) Every distribution of funds from the security
deposits shall be subject to the limits of the department’s
evaluation on behalf of a claimant. [1981 c 309 § 4; 1963
c 169 § 22.]
46.29.230 Return of deposit. Upon the expiration of
three years from the date of the accident resulting in the
security requirement, any security remaining on deposit shall
be returned to the person who made such deposit or to his
personal representative if an affidavit or other evidence satisfactory to the department has been filed with it:
(1) That no action for damages arising out of the
accident for which deposit was made is pending against any
person on whose behalf the deposit was made, and
(2) That there does not exist any unpaid judgment
rendered against any such person in such an action.
[Title 46 RCW—page 112]
The foregoing provisions of this section shall not be
construed to limit the return of any deposit of security under
any other provision of this chapter authorizing such return.
[1981 c 309 § 5; 1963 c 169 § 23.]
46.29.240 Certain matters not evidence in civil
suits. The report required following an accident, the action
taken by the department pursuant to this chapter, the findings, if any, of the department upon which such action is
based, and the security filed as provided in this chapter, shall
not be referred to in any way, and shall not be any evidence
of the negligence or due care of either party, at the trial of
any action at law to recover damages. [1963 c 169 § 24.]
PROOF OF FINANCIAL RESPONSIBILITY
FOR THE FUTURE
46.29.250 Application of sections requiring deposit
of proof of financial responsibility for the future. The
provisions of this chapter requiring the deposit of proof of
financial responsibility for the future, subject to certain
exemptions, shall apply with respect to persons who have
been convicted of or forfeited bail for certain offenses under
motor vehicle laws, or who have failed to pay judgments
upon causes of action arising out of ownership, maintenance
or use of vehicles of a type subject to registration under the
laws of this state, or who having driven or owned a vehicle
involved in an accident are required to deposit security under
the provisions of RCW 46.29.070. [1963 c 169 § 25.]
46.29.260 Meaning of "proof of financial responsibility for the future." The term "proof of financial
responsibility for the future" as used in this chapter means:
Proof of ability to respond in damages for liability, on
account of accidents occurring subsequent to the effective
date of said proof, arising out of the ownership, maintenance, or use of a vehicle of a type subject to registration
under the laws of this state, in the amount of twenty-five
thousand dollars because of bodily injury to or death of one
person in any one accident, and, subject to said limit for one
person, in the amount of fifty thousand dollars because of
bodily injury to or death of two or more persons in any one
accident, and in the amount of ten thousand dollars because
of injury to or destruction of property of others in any one
accident. Wherever used in this chapter the terms "proof of
financial responsibility" or "proof" shall be synonymous with
the term "proof of financial responsibility for the future."
[1980 c 117 § 4; 1967 ex.s. c 3 § 2; 1963 c 169 § 26.]
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: See note following RCW 46.29.090.
46.29.270 Meaning of "judgment" and "state." The
following words and phrases when used in this chapter shall,
for the purpose of this chapter, have the meanings respectively ascribed to them in this section.
(1) The term "judgment" shall mean: Any judgment
which shall have become final by expiration without appeal
of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of
competent jurisdiction of any state or of the United States,
(2002 Ed.)
Financial Responsibility
upon a cause of action arising out of the ownership, maintenance or use of any vehicle of a type subject to registration
under the laws of this state, for damages, including damages
for care and loss of services, because of bodily injury to or
death of any person, or for damages because of injury to or
destruction of property, including the loss of use thereof, or
upon a cause of action on an agreement of settlement for
such damages. The first page of a judgment must include a
judgment summary that states damages are awarded under
this section and the clerk of the court must give notice as
outlined in RCW 46.29.310.
(2) The term "state" shall mean: Any state, territory, or
possession of the United States, the District of Columbia, or
any province of the Dominion of Canada. [1999 c 296 § 2;
1963 c 169 § 27.]
46.29.280 Suspension continues until proof furnished. Whenever, under any law of this state, the license
of any person is suspended or revoked by reason of a
conviction, forfeiture of bail, or finding that a traffic infraction has been committed, the suspension or revocation
hereinbefore required shall remain in effect and the department shall not issue to such person any new or renewal of
license until permitted under the motor vehicle laws of this
state, and not then unless and until such person shall give
and thereafter maintain proof of financial responsibility for
the future. Upon receiving notice of the termination or
cancellation of proof of financial responsibility for the
future, the department shall resuspend or rerevoke the
person’s driving privilege until the person again gives and
thereafter maintains proof of financial responsibility for the
future. [1985 c 157 § 1; 1979 ex.s. c 136 § 64; 1963 c 169
§ 28.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.29.290 Action in respect to unlicensed person.
If a person has no license, but by final order or judgment is
convicted of or forfeits any bail or collateral deposited to
secure an appearance for trial for any offense requiring the
suspension or revocation of license, no license shall be thereafter issued to such person unless he shall give and thereafter
maintain proof of financial responsibility for the future.
[1965 c 124 § 5; 1963 c 169 § 29.]
46.29.300 Action in respect to nonresidents.
Whenever the department suspends or revokes a
nonresident’s driving privilege by reason of a conviction,
forfeiture of bail, or finding that a traffic infraction has been
committed such privilege shall remain so suspended or
revoked unless such person shall have previously given or
shall immediately give and thereafter maintain proof of
financial responsibility for the future. [1979 ex.s. c 136 §
65; 1967 c 32 § 39; 1963 c 169 § 30.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.29.310 When courts to report nonpayment of
judgments. Whenever any person fails within thirty days to
satisfy any judgment, then it shall be the duty of the clerk of
the court, or of the judge of a court which has no clerk, in
(2002 Ed.)
46.29.270
which any such judgment is rendered within this state to
forward immediately to the department the following:
(1) A certified copy or abstract of such judgment;
(2) A certificate of facts relative to such judgment;
(3) Where the judgment is by default, a certified copy
or abstract of that portion of the record which indicates the
manner in which service of summons was effectuated and all
the measures taken to provide the defendant with timely and
actual notice of the suit against him. [1969 ex.s. c 44 § 1;
1963 c 169 § 31.]
46.29.320 Further action with respect to nonresidents. If the defendant named in any certified copy or
abstract of a judgment reported to the department is a
nonresident, the department shall transmit those certificates
furnished to it under RCW 46.29.310 to the official in
charge of the issuance of licenses and registrations of the
state of which the defendant is a resident. [1969 ex.s. c 44
§ 2; 1963 c 169 § 32.]
46.29.330 Suspension for nonpayment of judgments.
The department upon receipt of the certificates provided for
by RCW 46.29.310, on a form provided by the department,
shall forthwith suspend the license and any nonresident’s
driving privilege of any person against whom such judgment
was rendered, except as otherwise provided in this chapter.
[1990 c 250 § 52; 1969 ex.s. c 44 § 3; 1967 c 32 § 40; 1963
c 169 § 33.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.29.340 Exception in relation to government
vehicles. The provisions of RCW 46.29.330 shall not apply
with respect to any such judgment arising out of an accident
caused by the ownership or operation, with permission, of a
vehicle owned or leased to the United States, this state or
any political subdivision of this state or a municipality
thereof. [1963 c 169 § 34.]
46.29.350 Exception when consent granted by
judgment creditor. If the judgment creditor consents in
writing, in such form as the department may prescribe, that
the judgment debtor be allowed a license or nonresident’s
driving privilege, the same may be allowed by the department, in its discretion, for six months from the date of such
consent and thereafter until such consent is revoked in
writing, notwithstanding default in the payment of such
judgment, or of any installments thereof prescribed in RCW
46.29.400, provided the judgment debtor furnishes proof of
financial responsibility. [1967 c 32 § 41; 1963 c 169 § 35.]
46.29.360 Exception when insurer liable. No license
or nonresident’s driving privilege of any person shall be
suspended under the provisions of this chapter if the department shall find that an insurer was obligated to pay the
judgment upon which suspension is based, at least to the
extent and for the amounts required in this chapter, but has
not paid such judgment for any reason. A finding by the
department that an insurer is obligated to pay a judgment
shall not be binding upon such insurer and shall have no
legal effect whatever except for the purpose of administering
[Title 46 RCW—page 113]
46.29.360
Title 46 RCW: Motor Vehicles
this section. If the department finds that no insurer is
obligated to pay such a judgment, the judgment debtor may
file with the department a written notice of his intention to
contest such finding by an action in the superior court. In
such a case the license or the nonresident’s driving privilege
of such judgment debtor shall not be suspended by the
department under the provisions of this chapter for thirty
days from the receipt of such notice nor during the pendency
of any judicial proceedings brought in good faith to determine the liability of an insurer so long as the proceedings
are being diligently prosecuted to final judgment by such
judgment debtor. Whenever in any judicial proceedings it
shall be determined by any final judgment, decree or order
that an insurer is not obligated to pay any such judgment, the
department, notwithstanding any contrary finding theretofore
made by it, shall forthwith suspend the license and any
nonresident’s driving privilege of any person against whom
such judgment was rendered, as provided in RCW 46.29.330.
[1967 c 32 § 42; 1963 c 169 § 36.]
46.29.370 Suspension continues until judgments
paid and proof given. Such license and nonresident’s
driving privilege shall remain so suspended and shall not be
renewed, nor shall any such license be thereafter issued in
the name of such person, including any such person not
previously licensed, unless and until every such judgment is
stayed, satisfied in full or to the extent hereinafter provided
and until the said person gives proof of financial responsibility subject to the exemptions stated in RCW 46.29.350,
46.29.360 and 46.29.400. [1967 c 32 § 43; 1963 c 169 §
37.]
46.29.390 Payments sufficient to satisfy requirements. (1) Judgments herein referred to are, for the purpose
of this chapter only, deemed satisfied:
(a) When twenty-five thousand dollars has been credited
upon any judgment or judgments rendered in excess of that
amount because of bodily injury to or death of one person as
the result of any one accident; or
(b) When, subject to such limit of twenty-five thousand
dollars because of bodily injury to or death of one person,
the sum of fifty thousand dollars has been credited upon any
judgment or judgments rendered in excess of that amount
because of bodily injury to or death of two or more persons
as the result of any one accident; or
(c) When ten thousand dollars has been credited upon
any judgment or judgments rendered in excess of that
amount because of injury to or destruction of property of
others as a result of any one accident.
(2) Payments made in settlements of any claims because
of bodily injury, death, or property damage arising from such
accident shall be credited in reduction of the amounts
provided for in this section. [1980 c 117 § 5; 1979 c 61 §
14; 1967 ex.s. c 3 § 3; 1963 c 169 § 39.]
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: See note following RCW 46.29.090.
46.29.400 Installment payment of judgments—
Default. (1) A judgment debtor upon due notice to the
judgment creditor may apply to the court in which such
judgment was rendered for the privilege of paying such
[Title 46 RCW—page 114]
judgment in installments and the court, in its discretion and
without prejudice to any other legal remedies which the
judgment creditor may have, may so order and fix the
amounts and times of payment of the installments.
(2) The department shall not suspend a license or
nonresident’s driving privilege, and shall restore any license
or nonresident’s driving privilege suspended following
nonpayment of a judgment, when the judgment debtor gives
proof of financial responsibility and obtain such an order
permitting the payment of such judgment in installments, and
while the payment of any said installments is not in default.
[1967 c 32 § 44; 1963 c 169 § 40.]
46.29.410 Action if breach of agreement. In the
event the judgment debtor fails to pay any installment as
specified by such order, then upon notice of such default, the
department shall forthwith suspend the license or
nonresident’s driving privilege of the judgment debtor until
such judgment is satisfied, as provided in this chapter.
[1967 c 32 § 45; 1963 c 169 § 41.]
46.29.420 Proof required in addition to deposit of
security after accident. Any person required to deposit
security under RCW 46.29.070, for the benefit or protection
of another person injured or damaged in an accident, shall in
addition be required to give proof of financial responsibility
for the future. The department shall give written notice of
such additional requirement to every such person at the time
and in the manner provided in RCW 46.29.070 for giving
notice of the requirement for security. [1963 c 169 § 42.]
46.29.430 Additional proof required—Suspension or
revocation for failure to give proof. If a person required
to give proof of financial responsibility under RCW
46.29.420 fails to give such proof within sixty days after the
department has sent notice as hereinbefore provided, the
department shall suspend, or continue in effect any existing
suspension or revocation of, the license or any nonresident’s
driving privilege of the person. [1990 c 250 § 53; 1987 c
371 § 1; 1967 c 32 § 46; 1963 c 169 § 43.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.29.440 Additional proof required—Suspension to
continue until proof given and maintained. Such license
or nonresident’s driving privilege shall remain so suspended
and shall not be renewed, nor shall any such license be
thereafter issued in the name of such person, including any
such person not previously licensed, unless and until such
person shall give and thereafter maintain proof of financial
responsibility for the future. The furnishing of such proof
shall permit such person to operate only a motor vehicle
covered by such proof. The department shall endorse
appropriate restrictions on the license held by such person or
may issue a new license containing such restrictions. [1967
c 32 § 47; 1965 c 124 § 6; 1963 c 169 § 44.]
46.29.450 Alternate methods of giving proof. Proof
of financial responsibility when required under this chapter,
with respect to such a vehicle or with respect to a person
(2002 Ed.)
Financial Responsibility
who is not the owner of such a vehicle, may be given by
filing:
(1) A certificate of insurance as provided in RCW
46.29.460 or 46.29.470;
(2) A bond as provided in RCW 46.29.520;
(3) A certificate of deposit of money or securities as
provided in RCW 46.29.550; or
(4) A certificate of self-insurance, as provided in RCW
46.29.630, supplemented by an agreement by the self-insurer
that, with respect to accidents occurring while the certificate
is in force, he will pay the same amounts that an insurer
would have been obliged to pay under an owner’s motor
vehicle liability policy if it had issued such a policy to said
self-insurer. [1963 c 169 § 45.]
46.29.460 Certificate of insurance as proof. Proof
of financial responsibility for the future may be furnished by
filing with the department the written certificate of any
insurance carrier duly authorized to do business in this state
certifying that there is in effect a motor vehicle liability
policy for the benefit of the person required to furnish proof
of financial responsibility. Such certificate shall give the
effective date of such motor vehicle liability policy, which
date shall be the same as the effective date of the certificate,
and shall designate by explicit description or by appropriate
reference all vehicles covered thereby, unless the policy is
issued to a person who is not the owner of a motor vehicle.
[1963 c 169 § 46.]
46.29.470 Certificate furnished by nonresident as
proof. A nonresident may give proof of financial responsibility by filing with the department a written certificate or
certificates of an insurance carrier authorized to transact
business in the state in which the vehicle, or vehicles, owned
by such nonresident is registered, or in the state in which
such nonresident resides, if he does not own a vehicle,
provided such certificate otherwise conforms with the
provisions of this chapter, and the department shall accept
the same upon condition that said insurance carrier complies
with the following provisions with respect to the policies so
certified:
(1) Said insurance carrier shall execute a power of
attorney authorizing the director to accept service on its
behalf of notice or process in any action arising out of a
motor vehicle accident in this state;
(2) Said insurance carrier shall agree in writing that
such policies shall be deemed to conform with the laws of
this state relating to the terms of motor vehicle liability
policies issued therein. [1963 c 169 § 47.]
46.29.480 Default by nonresident insurer. If any
insurance carrier not authorized to transact business in this
state, which has qualified to furnish proof of financial
responsibility, defaults in any said undertakings or agreements, the department shall not thereafter accept as proof
any certificate of said carrier whether theretofore filed or
thereafter tendered as proof, so long as such default continues. [1963 c 169 § 48.]
46.29.490 "Motor vehicle liability policy" defined.
(1) Certification. A "motor vehicle liability policy" as said
(2002 Ed.)
46.29.450
term is used in this chapter means an "owner’s policy" or an
"operator’s policy" of liability insurance, certified as provided in RCW 46.29.460 or 46.29.470 as proof of financial
responsibility for the future, and issued, except as otherwise
provided in RCW 46.29.470, by an insurance carrier duly
authorized to transact business in this state, to or for the
benefit of the person named in the policy as insured.
(2) Owner’s policy. Such owner’s policy of liability
insurance:
(a) Shall designate by explicit description or by appropriate reference all vehicles with respect to which coverage
is to be granted by the policy; and
(b) Shall insure the person named therein and any other
person, as insured, using any such vehicle or vehicles with
the express or implied permission of such named insured,
against loss from the liability imposed by law for damages
arising out of the ownership, maintenance, or use of such
vehicle or vehicles within the United States of America or
the Dominion of Canada, subject to limits exclusive of
interest and costs, with respect to each such vehicle as
follows: Twenty-five thousand dollars because of bodily
injury to or death of one person in any one accident and,
subject to said limit for one person, fifty thousand dollars
because of bodily injury to or death of two or more persons
in any one accident, and ten thousand dollars because of
injury to or destruction of property of others in any one
accident.
(3) Operator’s policy. Such operator’s policy of liability
insurance shall insure the person named as insured therein
against loss from the liability imposed upon him by law for
damages arising out of the use by him of any motor vehicle
not owned by him, within the same territorial limits and
subject to the same limits of liability as are set forth above
with respect to an owner’s policy of liability insurance.
(4) Required statements in policies. Such motor vehicle
liability policy shall state the name and address of the named
insured, the coverage afforded by the policy, the premium
charged therefor, the policy period, and the limits of liability,
and shall contain an agreement or be endorsed that insurance
is provided under the policy in accordance with the coverage
defined in this chapter as respects bodily injury and death or
property damage, or both, and is subject to all the provisions
of this chapter.
(5) Policy need not insure workers’ compensation, etc.
Such motor vehicle liability policy need not insure any
liability under any workers’ compensation law nor any
liability on account of bodily injury or death of an employee
of the insured while engaged in the employment, other than
domestic, of the insured, or while engaged in the operation,
maintenance, or repair of any such vehicle nor any liability
for damage to property owned by, rented to, in charge of, or
transported by the insured.
(6) Provisions incorporated in policy. Every motor
vehicle liability policy is subject to the following provisions
which need not be contained therein:
(a) The liability of the insurance carrier with respect to
the insurance required by this chapter becomes absolute
whenever injury or damage covered by said motor vehicle
liability policy occurs; said policy may not be canceled or
annulled as to such liability by any agreement between the
insurance carrier and the insured after the occurrence of the
injury or damage; no statement made by the insured or on
[Title 46 RCW—page 115]
46.29.490
Title 46 RCW: Motor Vehicles
his behalf and no violation of said policy defeats or voids
said policy.
(b) The satisfaction by the insured of a judgment for
such injury or damage shall not be a condition precedent to
the right or duty of the insurance carrier to make payment on
account of such injury or damage.
(c) The insurance carrier may settle any claim covered
by the policy, and if such settlement is made in good faith,
the amount thereof is deductible from the limits of liability
specified in subdivision (b) of subsection (2) of this section.
(d) The policy, the written application therefor, if any,
and any rider or endorsement which does not conflict with
the provisions of this chapter constitutes the entire contract
between the parties.
(7) Excess or additional coverage. Any policy which
grants the coverage required for a motor vehicle liability
policy may also grant any lawful coverage in excess of or in
addition to the coverage specified for a motor vehicle
liability policy, and such excess or additional coverage is not
subject to the provisions of this chapter. With respect to a
policy which grants such excess or additional coverage the
term "motor vehicle liability policy" applies only to that part
of the coverage which is required by this section.
(8) Reimbursement provision permitted. Any motor
vehicle liability policy may provide that the insured shall
reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under
the terms of the policy except for the provisions of this
chapter.
(9) Proration of insurance permitted. Any motor vehicle
liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.
(10) Multiple policies. The requirements for a motor
vehicle liability policy may be fulfilled by the policies of
one or more insurance carrier which policies together meet
such requirements.
(11) Binders. Any binder issued pending the issuance
of a motor vehicle liability policy is deemed to fulfill the
requirements for such a policy. [1980 c 117 § 6; 1967 ex.s.
c 3 § 4; 1963 c 169 § 49.]
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: See note following RCW 46.29.090.
46.29.500 Notice of cancellation or termination of
certified policy. When an insurance carrier has certified a
motor vehicle liability policy under RCW 46.29.460 or
46.29.470 the insurance so certified shall not be canceled or
terminated until at least ten days after a notice of
cancellation or termination of the insurance so certified shall
be filed in the department, except that such a policy subsequently procured and certified shall, on the effective date of
its certification, terminate the insurance previously certified
with respect to any vehicle designated in both certificates.
[1963 c 169 § 50.]
46.29.510 Chapter not to affect other policies. (1)
This chapter shall not be held to apply to or affect policies
of automobile insurance against liability which may now or
hereafter be required by any other law of this state, and such
policies, if they contain an agreement or are endorsed to
conform with the requirements of this chapter, may be
[Title 46 RCW—page 116]
certified as proof of financial responsibility under this
chapter.
(2) This chapter shall not be held to apply to or affect
policies insuring solely the insured named in the policy
against liability resulting from the maintenance or use by
persons in the insured’s employ or on his behalf of vehicles
not owned by the insured. [1963 c 169 § 51.]
46.29.520 Bond as proof. Proof of financial responsibility may be evidenced by the bond of a surety company
duly authorized to transact business within this state, or a
bond with at least two individual sureties each owning real
estate within this state, and together having equities equal in
value to at least twice the amount of the bond, which real
estate shall be scheduled in the bond approved by a judge of
the superior court, which said bond shall be conditioned for
payment of the amounts specified in RCW 46.29.260. Such
bond shall be filed with the department and shall not be
cancellable except after ten days written notice to the
department. [1963 c 169 § 52.]
46.29.530 When bond constitutes a lien. Before a
bond with individual sureties is accepted by the department
it shall be recorded as other instruments affecting real
property in the county or counties wherein any real estate
scheduled in such bond is located. Such bond shall constitute a lien from the date of such recording in favor of the
state upon the real estate so scheduled of any surety, which
lien shall exist in favor of any holder of a final judgment
against the person who has filed such bond, for damages,
including damages for care and loss of services, because of
bodily injury to or death of any person, or for damage
because of injury to or destruction of property, including the
loss of use thereof, resulting from the ownership, maintenance, use or operation of a vehicle of a type subject to
registration under the laws of this state after such bond was
filed. [1963 c 169 § 53.]
46.29.540 Action on bond. If a judgment, rendered
against the principal on any bond described in RCW
46.29.520, shall not be satisfied within thirty days after it has
become final, the judgment creditor may, for his own use
and benefit and at his sole expense, bring an action or
actions in the name of the state against the company or
persons executing such bond, including an action or proceeding to foreclose any lien that may exist upon the real
estate of a person who has executed such bond. Such an
action to foreclose a lien shall be prosecuted in the same
manner as an action to foreclose a mortgage on real estate.
[1963 c 169 § 54.]
46.29.550 Money or securities as proof. Proof of
financial responsibility may be evidenced by the certificate
of the state treasurer that the person named therein has
deposited with him sixty thousand dollars in cash, or
securities such as may legally be purchased by savings banks
or for trust funds of a market value of sixty thousand dollars.
The state treasurer shall not accept any such deposit and
issue a certificate therefor and the department shall not
accept such certificate unless accompanied by evidence that
there are no unsatisfied judgments of any character against
(2002 Ed.)
Financial Responsibility
the depositor in the county where the depositor resides.
[1980 c 117 § 7; 1967 ex.s. c 3 § 5; 1963 c 169 § 55.]
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: See note following RCW 46.29.090.
46.29.560 Application of deposit. Such deposit shall
be held by the state treasurer to satisfy, in accordance with
the provisions of this chapter, any execution on a judgment
issued against such person making the deposit, for damages,
including damages for care and loss of services, because of
bodily injury to or death of any person, or for damages
because of injury to or destruction of property, including the
loss of use thereof, resulting from the ownership, maintenance, use or operation of a vehicle of a type subject to
registration under the laws of this state after such deposit
was made. Money or securities so deposited shall not be
subject to attachment or execution unless such attachment or
execution shall arise out of a suit for damages as aforesaid.
Any interest or other income accruing to such money or
securities, so deposited, shall be paid by the state treasurer
to the depositor, or his order, as received. [1963 c 169 §
56.]
46.29.570 Owner may give proof for others. The
owner of a motor vehicle may give proof of financial
responsibility on behalf of his employee or a member of his
immediate family or household in lieu of the furnishing of
proof by any said person. The furnishing of such proof shall
permit such person to operate only a motor vehicle covered
by such proof. The department shall endorse appropriate
restrictions on the license held by such person, or may issue
a new license containing such restrictions. [1963 c 169 §
57.]
46.29.580 Substitution of proof. The department
shall consent to the cancellation of any bond or certificate of
insurance or the department shall direct and the state
treasurer shall return any money or securities to the person
entitled thereto upon the substitution and acceptance of other
adequate proof of financial responsibility pursuant to this
chapter. [1963 c 169 § 58.]
46.29.590 Other proof required, when. Whenever
any proof of financial responsibility filed under the provisions of this chapter no longer fulfills the purposes for which
required, the department shall, for the purpose of this
chapter, require other proof as required by this chapter and
shall suspend the license and registration pending the filing
of such other proof. [1963 c 169 § 59.]
46.29.600 Duration of proof—When proof may be
canceled or returned. (1) The department shall upon
request consent to the immediate cancellation of any bond or
certificate of insurance, or the department shall direct and
the state treasurer shall return to the person entitled thereto
any money or securities deposited pursuant to this chapter as
proof of financial responsibility, or the department shall
waive the requirement of filing proof, in any of the following events:
(2002 Ed.)
46.29.550
(a) At any time after three years from the date such
proof was required when, during the three-year period
preceding the request, the department has not received record
of a conviction, forfeiture of bail, or finding that a traffic
infraction has been committed which would require or permit
the suspension or revocation of the license of the person by
or for whom such proof was furnished; or
(b) In the event of the death of the person on whose
behalf such proof was filed or the permanent incapacity of
such person to operate a motor vehicle; or
(c) In the event the person who has given proof surrenders his license to the department;
(2) Provided, however, that the department shall not
consent to the cancellation of any bond or the return of any
money or securities in the event any action for damages
upon a liability covered by such proof is then pending or any
judgment upon any such liability is then unsatisfied, or in the
event the person who has filed such bond or deposited such
money or securities has within one year immediately
preceding such request been involved as a driver or owner
in any motor vehicle accident resulting in injury or damage
to the person or property of others. An affidavit of the
applicant as to the nonexistence of such facts, or that he has
been released from all of his liability, or has been finally
adjudicated not to be liable, for such injury or damage, shall
be sufficient evidence thereof in the absence of evidence to
the contrary in the records of the department.
(3) Whenever any person whose proof has been canceled or returned under subdivision (1)(c) of this section
applies for a license within a period of three years from the
date proof was originally required, any such application shall
be refused unless the applicant shall reestablish such proof
for the remainder of such three-year period. [1979 ex.s. c
136 § 66; 1963 c 169 § 60.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
VIOLATIONS
46.29.605 Suspension of registration, notice—
Surrender of license plates—Penalties. (1) Whenever the
involvement in a motor vehicle accident in this state results
in the driving privilege of a person being suspended for failure to pay a judgment or deposit security, the department
shall suspend the Washington registration of the motor
vehicle if the person driving at the time of the accident was
also the registered owner of the motor vehicle.
(2) A notice of suspension shall be mailed by first class
mail to the owner’s last known address of record in the
department and shall be effective notwithstanding the
owner’s failure to receive the notice.
(3) Upon suspension of the registration of a motor
vehicle, the registered owner shall surrender all vehicle
license plates registered to the vehicle. The department shall
destroy the license plates and, upon reinstatement of the
registration, shall issue new vehicle license plates as provided in RCW 46.16.270.
(4) Failure to surrender license plates under subsection
(3) of this section is a misdemeanor punishable by imprisonment for not less than one day nor more than five days and
[Title 46 RCW—page 117]
46.29.605
Title 46 RCW: Motor Vehicles
by a fine of not less than fifty dollars nor more than two
hundred fifty dollars.
(5) No vehicle license plates or certificate of ownership
or registration for a motor vehicle may be issued and no
vehicle license may be renewed during the time the registration of the motor vehicle is suspended.
(6) Any person who operates a vehicle in this state
while the registration of the vehicle is suspended is guilty of
a gross misdemeanor and upon conviction thereof shall be
imprisoned for not less than two days nor more than five
days and fined not less than one hundred dollars nor more
than five hundred dollars. [1981 c 309 § 6.]
46.29.610 Surrender of license—Penalty. (1) Any
person whose license shall have been suspended under any
provision of this chapter, or whose policy of insurance or
bond, when required under this chapter, shall have been canceled or terminated, shall immediately return the license to
the department.
(2) Any person willfully failing to return a license as
required in subsection (1) of this section is guilty of a
misdemeanor. [1990 c 250 § 54; 1963 c 169 § 61.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Severability—1990 c 250: See note following RCW 46.16.301.
46.29.620 Forged proof—Penalty. Any person who
shall forge, or, without authority, sign any evidence of proof
of financial responsibility for the future, or who files or
offers for filing any such evidence of proof knowing or
having reason to believe that it is forged or signed without
authority, shall be guilty of a gross misdemeanor. [1963 c
169 § 62.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
plaintiff in any action at law from relying for relief upon the
other processes provided by law. [1963 c 169 § 64.]
46.29.900 Construction—1963 c 169. RCW
46.29.010 through 46.29.640 shall be codified as a single
chapter of the Revised Code of Washington. RCW
46.29.010 through 46.29.050 shall be captioned "ADMINISTRATION." RCW 46.29.060 through 46.29.240 shall be
captioned "SECURITY FOLLOWING ACCIDENT." RCW
46.29.250 through 46.29.600 shall be captioned "PROOF OF
FINANCIAL RESPONSIBILITY FOR THE FUTURE."
RCW 46.29.610 through 46.29.620 shall be captioned "VIOLATIONS OF THIS CHAPTER." RCW 46.29.630 through
46.29.640 shall be captioned "MISCELLANEOUS PROVISIONS RELATING TO FINANCIAL RESPONSIBILITY."
Such captions and subsection headings, as used in this
chapter, do not constitute any part of the law. [1963 c 169
§ 67.]
46.29.910 Severability—1963 c 169. If any provision
of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1963 c 169 § 68.]
46.29.920 Repeals and saving. Sections 46.24.010
through 46.24.910 and sections 46.28.010 through 46.28.200,
chapter 12, Laws of 1961 and RCW 46.24.010 through
46.24.910 and RCW 46.28.010 through 46.28.200 are each
repealed.
Such repeals shall not be construed as affecting any
existing right acquired under the statutes repealed, nor as
affecting any proceeding instituted thereunder, nor any rule,
regulation or order promulgated thereunder, nor any administrative action taken thereunder. [1963 c 169 § 69.]
MISCELLANEOUS
46.29.630 Self-insurers. (1) Any person in whose
name more than twenty-five vehicles are registered in this
state may qualify as a self-insurer by obtaining a certificate
of self-insurance issued by the department as provided in
subsection (2) of this section.
(2) The department may, in its discretion, upon the
application of such a person, issue a certificate of selfinsurance when it is satisfied that such person is possessed
and will continue to be possessed of ability to pay judgment
obtained against such person. Such certificate may be issued
authorizing a person to act as a self-insurer for either
property damage or bodily injury, or both.
(3) Upon not less than five days’ notice and a hearing
pursuant to such notice, the department may upon reasonable
grounds cancel a certificate of self-insurance. Failure to pay
any judgment within thirty days after such judgment shall
have become final shall constitute a reasonable ground for
the cancellation of a certificate of self-insurance. [1963 c
169 § 63.]
46.29.640 Chapter not to prevent other process.
Nothing in this chapter shall be construed as preventing the
[Title 46 RCW—page 118]
Chapter 46.30
MANDATORY LIABILITY INSURANCE
Sections
46.30.010
46.30.020
46.30.030
46.30.040
46.30.900
46.30.901
Legislative intent.
Liability insurance or other financial responsibility required—Violations—Exceptions.
Insurance identification card.
Providing false evidence of financial responsibility—Penalty.
Severability—1989 c 353.
Effective date—1989 c 353.
46.30.010 Legislative intent. It is a privilege granted
by the state to operate a motor vehicle upon the highways of
this state. The legislature recognizes the threat that uninsured drivers are to the people of the state. In order to
alleviate the threat posed by uninsured drivers it is the intent
of the legislature to require that all persons driving vehicles
registered in this state satisfy the financial responsibility
requirements of this chapter. By enactment of this chapter
it is not the intent of the legislature to modify, amend, or
invalidate existing insurance contract terms, conditions,
limitations, or exclusions or to preclude insurance companies
from using similar terms, conditions, limitations, or exclusions in future contracts. [1989 c 353 § 1.]
(2002 Ed.)
Mandatory Liability Insurance
46.30.020 Liability insurance or other financial
responsibility required—Violations—Exceptions. (1)(a)
No person may operate a motor vehicle subject to registration under chapter 46.16 RCW in this state unless the person
is insured under a motor vehicle liability policy with liability
limits of at least the amounts provided in RCW 46.29.090,
is self-insured as provided in RCW 46.29.630, is covered by
a certificate of deposit in conformance with RCW 46.29.550,
or is covered by a liability bond of at least the amounts
provided in RCW 46.29.090. Written proof of financial
responsibility for motor vehicle operation must be provided
on the request of a law enforcement officer in the format
specified under RCW 46.30.030.
(b) A person who drives a motor vehicle that is required
to be registered in another state that requires drivers and
owners of vehicles in that state to maintain insurance or
financial responsibility shall, when requested by a law
enforcement officer, provide evidence of financial responsibility or insurance as is required by the laws of the state in
which the vehicle is registered.
(c) When asked to do so by a law enforcement officer,
failure to display an insurance identification card as specified
under RCW 46.30.030 creates a presumption that the person
does not have motor vehicle insurance.
(d) Failure to provide proof of motor vehicle insurance
is a traffic infraction and is subject to penalties as set by the
supreme court under RCW 46.63.110 or community restitution.
(2) If a person cited for a violation of subsection (1) of
this section appears in person before the court and provides
written evidence that at the time the person was cited, he or
she was in compliance with the financial responsibility
requirements of subsection (1) of this section, the citation
shall be dismissed. In lieu of personal appearance, a person
cited for a violation of subsection (1) of this section may,
before the date scheduled for the person’s appearance before
the court, submit by mail to the court written evidence that
at the time the person was cited, he or she was in compliance with the financial responsibility requirements of
subsection (1) of this section, in which case the citation shall
be dismissed without cost, except that the court may assess
court administrative costs of twenty-five dollars at the time
of dismissal.
(3) The provisions of this chapter shall not govern:
(a) The operation of a motor vehicle registered under
RCW 46.16.305(1), governed by RCW 46.16.020, or
registered with the Washington utilities and transportation
commission as common or contract carriers; or
(b) The operation of a motorcycle as defined in RCW
46.04.330, a motor-driven cycle as defined in RCW
46.04.332, or a moped as defined in RCW 46.04.304.
(4) RCW 46.29.490 shall not be deemed to govern all
motor vehicle liability policies required by this chapter but
only those certified for the purposes stated in chapter 46.29
RCW. [2002 c 175 § 35; 1991 sp.s. c 25 § 1; 1991 c 339
§ 24; 1989 c 353 § 2.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Notice of liability insurance requirement: RCW 46.16.212.
46.30.030 Insurance identification card. (1) Whenever an insurance company issues or renews a motor vehicle
(2002 Ed.)
46.30.020
liability insurance policy, the company shall provide the
policyholder with an identification card as specified by the
department of licensing. At the policyholder’s request, the
insurer shall provide the policyholder a card for each vehicle
covered under the policy.
(2) The department of licensing shall adopt rules
specifying the type, style, and content of insurance identification cards to be used for proof of compliance with RCW
46.30.020, including the method for issuance of such identification cards by persons or organizations providing proof of
compliance through self-insurance, certificate of deposit, or
bond. In adopting such rules the department shall consider
the guidelines for insurance identification cards developed by
the insurance industry committee on motor vehicle administration. [1989 c 353 § 3.]
46.30.040 Providing false evidence of financial
responsibility—Penalty. Any person who knowingly
provides false evidence of financial responsibility to a law
enforcement officer or to a court, including an expired or
canceled insurance policy, bond, or certificate of deposit is
guilty of a misdemeanor. [1991 sp.s. c 25 § 2; 1989 c 353
§ 4.]
46.30.900 Severability—1989 c 353. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 353 § 12.]
46.30.901 Effective date—1989 c 353. This act shall
take effect January 1, 1990. The director of the department
of licensing may immediately take such steps as are necessary to ensure that this act is implemented on its effective
date. [1989 c 353 § 13.]
Chapter 46.32
VEHICLE INSPECTION
Sections
46.32.005
46.32.010
46.32.020
46.32.040
46.32.050
46.32.060
46.32.070
46.32.080
46.32.090
46.32.100
46.32.110
Definitions.
Buses and drivers—Inspection authorized—Stations—Duties
of state patrol—Penalties.
Rules—Supplies—Assistants.
Frequency of inspection—Inspection free.
Prohibited practices—Penalty.
Moving defective vehicle unlawful—Impounding authorized.
Inspection of damaged vehicle.
Commercial vehicle safety enforcement.
Fees.
Violations—Penalties.
Controlled substances, alcohol.
46.32.005 Definitions. For the purpose of this chapter
"commercial motor vehicle" means a self-propelled or towed
vehicle designed or used to transport passengers or property,
if the vehicle:
(1) Has a gross vehicle weight rating or gross combination weight rating of ten thousand one or more pounds;
(2) Is designed to transport sixteen or more passengers,
including the driver; or
[Title 46 RCW—page 119]
46.32.005
Title 46 RCW: Motor Vehicles
(3) Is transporting hazardous materials and is required to be identified by a placard in accordance with 49
C.F.R. Sec. 172.500-.560 (1991).
A recreational vehicle used for noncommercial purposes
is not considered a commercial motor vehicle. "Recreational
vehicle" includes a vehicle towing a horse trailer for a
noncommercial purpose. [1993 c 403 § 1.]
46.32.010 Buses and drivers—Inspection authorized—Stations—Duties of state patrol—Penalties. (1)
The chief of the Washington state patrol may operate,
maintain, or designate, throughout the state of Washington,
stations for the inspection of school buses and private carrier
buses, with respect to vehicle equipment, drivers’ qualifications, and hours of service and to set reasonable times when
inspection of vehicles shall be performed.
(2) The state patrol may inspect a commercial motor
vehicle while the vehicle is operating on the public highways
of this state with respect to vehicle equipment, hours of
service, and driver qualifications.
(3) It is unlawful for any vehicle required to be inspected to be operated over the public highways of this state
unless and until it has been approved periodically as to
equipment.
(4) Inspections shall be performed by a responsible
employee of the chief of the Washington state patrol, who
shall be duly authorized and who shall have authority to
secure and withhold, with written notice to the director of licensing, the certificate of license registration and license
plates of any vehicle found to be defective in equipment so
as to be unsafe or unfit to be operated upon the highways of
this state, and it shall be unlawful for any person to operate
such vehicle unless and until it has been placed in a condition satisfactory to pass a subsequent equipment inspection.
The police officer in charge of such vehicle equipment
inspection shall grant to the operator of such defective
vehicle the privilege to move such vehicle to a place for
repair under such restrictions as may be reasonably necessary.
(5) In the event any insignia, sticker, or other marker is
adopted to be displayed upon vehicles in connection with the
inspection of vehicle equipment, it shall be displayed as
required by the rules of the chief of the Washington state
patrol, and it is a traffic infraction for any person to mutilate,
destroy, remove, or otherwise interfere with the display
thereof.
(6) It is a traffic infraction for any person to refuse to
have his motor vehicle examined as required by the chief of
the Washington state patrol, or, after having had it examined,
to refuse to place an insignia, sticker, or other marker, if
issued, upon the vehicle, or fraudulently to obtain any such
insignia, sticker, or other marker, or to refuse to place his
motor vehicle in proper condition after having had it
examined, or in any manner, to fail to conform to the
provisions of this chapter.
(7) It is a traffic infraction for any person to perform
false or improvised repairs, or repairs in any manner not in
accordance with acceptable and customary repair practices,
upon a motor vehicle. [1993 c 403 § 2; 1986 c 123 § 1;
1979 ex.s. c 136 § 67; 1979 c 158 § 156; 1967 c 32 § 48;
[Title 46 RCW—page 120]
1961 c 12 § 46.32.010. Prior: 1947 c 267 § 1; 1945 c 44
§ 1; 1937 c 189 § 7; Rem. Supp. 1947 § 6360-7.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.32.020 Rules—Supplies—Assistants. The chief of
the Washington state patrol may adopt reasonable rules
regarding types of vehicles to be inspected, inspection
criteria, times for the inspection of vehicle equipment,
drivers’ qualifications, hours of service, and all other matters
with respect to the conduct of vehicle equipment and driver
inspections.
The chief of the Washington state patrol shall prepare
and furnish such stickers, tags, record and report forms,
stationery, and other supplies as shall be deemed necessary.
The chief of the Washington state patrol is empowered to
appoint and employ such assistants as he may consider
necessary and to fix hours of employment and compensation.
[1993 c 403 § 3; 1986 c 123 § 2; 1961 c 12 § 46.32.020.
Prior: 1945 c 44 § 2; 1937 c 189 § 8; Rem. Supp. 1945 §
6360-8.]
46.32.040 Frequency of inspection—Inspection free.
Vehicle equipment inspection shall be at such intervals as
required by the chief of the Washington state patrol and shall
be made without charge. [1986 c 123 § 3; 1961 c 12 §
46.32.040. Prior: 1945 c 44 § 4; 1937 c 189 § 10; Rem.
Supp. 1945 § 6360-10.]
46.32.050 Prohibited practices—Penalty. It shall be
unlawful for any person employed by the chief of the
Washington state patrol at any vehicle equipment inspection
station, to order, direct, recommend, or influence the correction of vehicle equipment defects by any person or persons
whomsoever.
It shall be unlawful for any person employed by the
chief of the Washington state patrol while in or about any
vehicle equipment inspection station, to perform any repair
or adjustment upon any vehicle or any equipment or appliance of any vehicle whatsoever.
It shall be unlawful for any person to solicit in any
manner the repair to any vehicle or the adjustment of any
equipment or appliance of any vehicle, upon the property of
any vehicle equipment inspection station or upon any public
highway adjacent thereto.
Violation of the provisions of this section is a traffic
infraction. [1986 c 123 § 4; 1979 ex.s. c 136 § 68; 1961 c
12 § 46.32.050. Prior: 1945 c 44 § 5; 1937 c 189 § 11;
Rem. Supp. 1945 § 6360-11.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.32.060 Moving defective vehicle unlawful—
Impounding authorized. It shall be unlawful for any
person to operate or move, or for any owner to cause or
permit to be operated or moved upon any public highway,
any vehicle or combination of vehicles, which is not at all
times equipped in the manner required by this title, or the
equipment of which is not in a proper condition and adjustment as required by this title or rules adopted by the chief of
the Washington state patrol.
(2002 Ed.)
Vehicle Inspection
Any vehicle operating upon the public highways of this
state and at any time found to be defective in equipment in
such a manner that it may be considered unsafe shall be an
unlawful vehicle and may be prevented from further operation until such equipment defect is corrected and any peace
officer is empowered to impound such vehicle until the same
has been placed in a condition satisfactory to vehicle
inspection. The necessary cost of impounding any such
unlawful vehicle and any cost for the storage and keeping
thereof shall be paid by the owner thereof. The impounding
of any such vehicle shall be in addition to any penalties for
such unlawful operation.
The provisions of this section shall not be construed to
prevent the operation of any such defective vehicle to a
place for correction of equipment defect in the manner
directed by any peace officer or representative of the state
patrol. [1987 c 330 § 705; 1986 c 123 § 5; 1961 c 12 §
46.32.060. Prior: 1937 c 189 § 12; RRS § 6360-12.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Moving unsafe or noncomplying vehicle: RCW 46.37.010.
46.32.070 Inspection of damaged vehicle. If a
vehicle required to be inspected becomes damaged or
deteriorated in such a manner that such vehicle has become
unsafe for operation upon the public highways of this state,
it is unlawful for the owner or operator thereof to cause such
vehicle to be operated upon a public highway upon its return
to service unless such owner or operator presents such
vehicle for inspection of equipment within twenty-four hours
after its return to service. [1986 c 123 § 6; 1961 c 12 §
46.32.070. Prior: 1937 c 189 § 13; RRS § 6360-13.]
46.32.080 Commercial vehicle safety enforcement.
(1) The Washington state patrol is responsible for enforcement of safety requirements for commercial motor vehicles,
including but not limited to terminal safety audits. Those
carriers that have terminal operations in this state are subject
to the patrol’s terminal safety audits.
(2) This section does not apply to:
(a) Motor vehicles owned and operated by farmers in
the transportation of their own farm, orchard, or dairy
products, including livestock and plant or animal wastes,
from point of production to market or disposal; or supplies
or commodities to be used on the farm, orchard, or dairy;
(b) Commercial motor carriers subject to economic
regulation under chapters 81.68 (auto transportation companies), 81.70 (passenger charter carriers), 81.77 (solid waste
collection companies), 81.80 (motor freight carriers), and
*81.90 (limousine charter carriers) RCW; and
(c) Vehicles exempted from registration by RCW
46.16.020. [1995 c 272 § 1.]
*Reviser’s note: Chapter 81.90 RCW was repealed by 1996 c 87 §
23.
Transfer of powers, duties, and functions: "(1) All powers, duties,
and functions of the utilities and transportation commission pertaining to
safety inspections of commercial vehicles, including but not limited to
terminal safety audits, except for those carriers subject to the economic
regulation of the commission, are transferred to the Washington state patrol.
(2)(a) All reports, documents, surveys, books, records, files, papers,
or written material in the possession of the utilities and transportation
commission pertaining to the powers, functions, and duties transferred shall
be delivered to the custody of the Washington state patrol. All cabinets,
(2002 Ed.)
46.32.060
furniture, office equipment, motor vehicles, and other tangible property
employed by the utilities and transportation commission in carrying out the
powers, functions, and duties transferred shall be made available to the
Washington state patrol. All funds, credits, or other assets held in
connection with the powers, functions, and duties transferred shall be
assigned to the Washington state patrol.
(b) Any appropriations made to the utilities and transportation
commission for carrying out the powers, functions, and duties transferred
shall, on January 1, 1996, be transferred and credited to the Washington
state patrol.
(c) Whenever any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other tangible
property used or held in the exercise of the powers and the performance of
the duties and functions transferred, the director of financial management
shall make a determination as to the proper allocation and certify the same
to the state agencies concerned.
(3) All employees of the utilities and transportation commission
engaged in performing the powers, functions, and duties transferred are
transferred to the jurisdiction of the Washington state patrol. All employees
classified under chapter 41.06 RCW, the state civil service law, are assigned
to the Washington state patrol to perform their usual duties upon the same
terms as formerly, without any loss of rights, subject to any action that may
be appropriate thereafter in accordance with the laws and rules governing
state civil service. These employees will only be transferred upon
successful completion of the Washington state patrol background investigation.
(4) All rules and all pending business before the utilities and
transportation commission pertaining to the powers, functions, and duties
transferred shall be continued and acted upon by the Washington state
patrol. All existing contracts and obligations remain in full force and shall
be performed by the Washington state patrol.
(5) The transfer of the powers, duties, functions, and personnel of the
utilities and transportation commission does not affect the validity of any
act performed before January 1, 1996.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial management shall
certify the apportionments to the agencies affected, the state auditor, and the
state treasurer. Each of these shall make the appropriate transfer and
adjustments in funds and appropriation accounts and equipment records in
accordance with the certification.
(7) Nothing contained in this section alters an existing collective
bargaining unit or the provisions of an existing collective bargaining
agreement until the agreement has expired or until the bargaining unit has
been modified by action of the personnel board as provided by law." [1995
c 272 § 4.]
Effective dates—1995 c 272: See note following RCW 46.32.090.
46.32.090 Fees. The department shall collect a fee of
ten dollars, in addition to all other fees and taxes, for each
motor vehicle base plated in the state of Washington that is
subject to highway inspections and terminal audits under
RCW 46.32.080, at the time of registration and renewal of
registration under chapter 46.16 or 46.87 RCW, or the
International Registration Plan if based [base] plated in a
foreign jurisdiction. The ten-dollar fee must be apportioned
for those vehicles operating interstate and registered under
the International Registration Plan. This fee does not apply
to nonmotor-powered vehicles, including trailers. Refunds
will not be provided for fees paid under this section when
the vehicle is no longer subject to RCW 46.32.080. The
department may deduct an amount equal to the cost of
administering the program. All remaining fees shall be
deposited with the state treasurer and credited to the state
patrol highway account of the motor vehicle fund. [1996 c
86 § 1; 1995 c 272 § 2.]
Effective date—1996 c 86: "Section 1 of this act becomes effective
with motor vehicle registration fees due or to become due January 1, 1997."
[1996 c 86 § 2.]
Effective dates—1995 c 272: "Section 2 of this act becomes effective
with motor vehicle registration fees due or to become due January 1, 1996.
[Title 46 RCW—page 121]
46.32.090
Title 46 RCW: Motor Vehicles
Sections 1 and 3 through 6 of this act take effect January 1, 1996." [1995
c 272 § 7.]
46.32.100 Violations—Penalties. In addition to all
other penalties provided by law, a commercial motor vehicle
that is subject to terminal safety audits under this chapter
and an officer, agent, or employee of a company operating
a commercial motor vehicle who violates or who procures,
aids, or abets in the violation of this title or any order or rule
of the state patrol is liable for a penalty of one hundred
dollars for each violation, except for each violation of 49
C.F.R. Pt. 382, controlled substances and alcohol use and
testing, 49 C.F.R. Sec. 391.15, disqualification of drivers,
and 49 C.F.R. Sec. 396.9(c)(2), moving a vehicle placed out
of service before the out of service defects have been
satisfactorily repaired, for which the person is liable for a
penalty of five hundred dollars. Each violation is a separate
and distinct offense, and in case of a continuing violation
every day’s continuance is a separate and distinct violation.
The penalty provided in this section is due and payable
when the person incurring it receives a notice in writing
from the patrol describing the violation and advising the
person that the penalty is due. The patrol may, upon written
application for review, received within fifteen days, remit or
mitigate a penalty provided for in this section or discontinue
a prosecution to recover the penalty upon such terms it
deems proper and may ascertain the facts upon all such
applications in such manner and under such rules as it deems
proper. If the amount of the penalty is not paid to the patrol
within fifteen days after receipt of the notice imposing the
penalty, or application for remission or mitigation has not
been made within fifteen days after the violator has received
notice of the disposition of the application, the attorney
general shall bring an action in the name of the state of
Washington in the superior court of Thurston county or of
some other county in which the violator does business, to
recover the penalty. In all such actions the procedure and
rules of evidence are the same as an ordinary civil action
except as otherwise provided in this chapter. All penalties
recovered under this section shall be paid into the state
treasury and credited to the state patrol highway account of
the motor vehicle fund. [1998 c 172 § 1; 1995 c 272 § 3.]
Effective dates—1995 c 272: See note following RCW 46.32.090.
46.32.110 Controlled substances, alcohol. A person
or employer operating as a motor carrier shall comply with
the requirements of the United States department of transportation federal motor carrier safety regulations as contained
in Title 49 C.F.R. Part 382, controlled substances and
alcohol use and testing. A person or employer who begins
or conducts commercial motor vehicle operations without
having a controlled substance and alcohol testing program
that is in compliance with the requirements of Title 49
C.F.R. Part 382 is subject to a penalty, under the process set
forth in RCW 46.32.100, of up to one thousand five hundred
dollars and up to an additional five hundred dollars for each
motor vehicle driver employed by the person or employer
who is not in compliance with the motor vehicle driver testing requirements. A person or employer having actual
knowledge that a driver has tested positive for controlled
substances or alcohol who allows a positively tested person
to continue to perform a safety-sensitive function is subject
[Title 46 RCW—page 122]
to a penalty, under the process set forth in RCW 46.32.100,
of one thousand five hundred dollars. [1999 c 351 § 5.]
Chapter 46.37
VEHICLE LIGHTING AND OTHER EQUIPMENT
Sections
46.37.005
46.37.010
46.37.020
46.37.030
46.37.040
46.37.050
46.37.060
46.37.070
46.37.080
46.37.090
46.37.100
46.37.110
46.37.120
46.37.130
46.37.140
46.37.150
46.37.160
46.37.170
46.37.180
46.37.184
46.37.185
46.37.186
46.37.187
46.37.188
46.37.190
46.37.191
46.37.193
46.37.194
46.37.195
46.37.196
46.37.200
46.37.210
46.37.215
46.37.220
46.37.230
46.37.240
46.37.260
46.37.270
46.37.280
46.37.290
46.37.300
46.37.310
46.37.320
46.37.330
46.37.340
46.37.351
46.37.360
46.37.365
46.37.369
46.37.375
46.37.380
46.37.390
State patrol—Additional powers and duties.
Scope and effect of regulations—General penalty.
When lighted lamps and signaling devices are required.
Visibility distance and mounted height of lamps.
Head lamps on motor vehicles.
Tail lamps.
Reflectors.
Stop lamps and turn signals required.
Application of succeeding sections.
Additional equipment required on certain vehicles.
Color of clearance lamps, side marker lamps, back-up
lamps, and reflectors.
Mounting of reflectors, clearance lamps, identification
lamps, and side marker lamps.
Visibility of reflectors, clearance lamps, identification lamps,
and side marker lamps.
Obstructed lights not required.
Lamps, reflectors, and flags on projecting load.
Lamps on vehicles—Parked or stopped vehicles, lighting
requirements.
Hazard warning lights and reflectors on farm equipment—
Slow-moving vehicle emblem.
Lamps and reflectors on other vehicles and equipment—
Slow-moving vehicle emblem on animal-drawn vehicles.
Spot lamps and auxiliary lamps.
Red flashing lights on fire department vehicles.
Green light on firemen’s private cars.
Fire department sign or plate on private car.
Green light, sign or plate—Identification card required.
Penalty for violation of RCW 46.37.184 through 46.37.188.
Warning devices on vehicles—Other drivers yield and stop.
Implementing rules.
Signs on buses.
Authorized emergency vehicles—Rules, tests, approval by
state patrol.
Sale of emergency vehicle lighting equipment restricted.
Red lights on emergency tow trucks.
Stop lamps and electric turn signals.
Additional lighting equipment.
Hazard warning lamps.
Multiple-beam road-lighting equipment.
Use of multiple-beam road-lighting equipment.
Single-beam road-lighting equipment.
Alternate road lighting equipment.
Number of lamps required—Number of additional lamps
permitted.
Special restrictions on lamps.
Special lighting equipment on school buses and private
carrier buses.
Standards for lights on snow-removal or highway maintenance and service equipment.
Selling or using lamps or equipment.
Authority of state patrol regarding lighting devices or other
safety equipment.
Revocation of certificate of approval on devices—
Reapproval, conditions.
Braking equipment required.
Performance ability of brakes.
Maintenance of brakes—Brake system failure indicator.
Hydraulic brake fluid—Defined—Standards and specifications.
Wheels and front suspension.
Steering and suspension systems.
Horns, warning devices, and theft alarms.
Mufflers, prevention of noise—Smoke and air contaminants—Standards—Definitions.
(2002 Ed.)
Vehicle Lighting and Other Equipment
46.37.400
46.37.410
Mirrors, backup devices.
Windshields required, exception—Must be unobstructed and
equipped with wipers.
46.37.420 Tires—Restrictions.
46.37.4215 Lightweight studs—Certification by sellers.
46.37.4216 Lightweight studs—Sale of tires containing.
46.37.423 Pneumatic passenger car tires—Standards—Exception for
off-highway use—Penalty.
46.37.424 Regrooved tires—Standards—Exception for off-highway
use—Penalty.
46.37.425 Tires—Unsafe—State patrol’s authority—Penalty.
46.37.430 Safety glazing—Sunscreening or coloring.
46.37.435 Sunscreening, unlawful installation, penalty.
46.37.440 Flares or other warning devices required on certain vehicles.
46.37.450 Disabled vehicle—Display of warning devices.
46.37.465 Fuel system.
46.37.467 Alternative fuel source—Placard required.
46.37.470 Air-conditioning equipment.
46.37.480 Television viewers—Earphones.
46.37.490 Safety load chains and devices required.
46.37.495 Safety chains for towing.
46.37.500 Fenders or splash aprons.
46.37.505 Child passenger restraint systems.
46.37.510 Seat belts and shoulder harnesses.
46.37.513 Bumpers.
46.37.517 Body and body hardware.
46.37.518 Street rods and kit vehicles.
46.37.520 Beach vehicles with soft tires—"Dune buggies"—Inspection
and approval required—Fee.
46.37.522 Motorcycles and motor-driven cycles—When head lamps
and tail lamps to be lighted.
46.37.523 Motorcycles and motor-driven cycles—Head lamps.
46.37.524 Motor-driven cycles—Head lamps.
46.37.525 Motorcycles and motor-driven cycles—Tail lamps, reflectors, and stop lamps.
46.37.527 Motorcycles and motor-driven cycles—Brake requirements.
46.37.528 Motorcycles and motor-driven cycles—Performance ability
of brakes.
46.37.529 Motor-driven cycles—Braking system inspection.
46.37.530 Motorcycles, motor-driven cycles, mopeds, electric-assisted
bicycles—Helmets, other equipment—Children—Rules.
46.37.535 Motorcycles, motor-driven cycles, or mopeds—Helmet requirements when rented.
46.37.537 Motorcycles—Exhaust system.
46.37.539 Motorcycles and motor-driven cycles—Additional requirements and limitations.
46.37.540 Odometers—Disconnecting, resetting, or turning back prohibited.
46.37.550 Odometers—Selling motor vehicle knowing odometer turned
back unlawful.
46.37.560 Odometers—Selling motor vehicle knowing odometer replaced unlawful.
46.37.570 Odometers—Selling, advertising, using, or installing device
registering false mileage.
46.37.590 Odometers—Purchaser plaintiff to recover costs and
attorney’s fee, when.
46.37.600 Liability of operator, owner, lessee for violations.
46.37.610 Wheelchair conveyance standards.
46.37.620 School buses—Crossing arms.
46.37.630 Private school buses.
Emission control program: Chapter 70.120 RCW.
Lowering vehicle below legal clearance: RCW 46.61.680.
Moving defective vehicle: RCW 46.32.060.
46.37.005 State patrol—Additional powers and
duties. In addition to those powers and duties elsewhere
granted, the chief of the Washington state patrol shall have
the power and the duty to adopt, apply, and enforce such
reasonable rules and regulations (1) relating to proper types
of vehicles or combinations thereof for hauling passengers,
commodities, freight, and supplies, (2) relating to vehicle
equipment, and (3) relating to the enforcement of the
(2002 Ed.)
Chapter 46.37
provisions of this title with regard to vehicle equipment, as
may be deemed necessary for the public welfare and safety
in addition to but not inconsistent with the provisions of this
title.
The chief of the Washington state patrol is authorized
to adopt by regulation, federal standards relating to motor
vehicles and vehicle equipment, issued pursuant to the
National Traffic and Motor Vehicle Safety Act of 1966, or
any amendment to said act, notwithstanding any provision in
Title 46 RCW inconsistent with such standards. Federal
standards adopted pursuant to this section shall be applicable
only to vehicles manufactured in a model year following the
adoption of such standards. [1987 c 330 § 706; 1985 c 165
§ 1; 1982 c 106 § 1; 1967 ex.s. c 145 § 56; 1967 c 32 § 49;
1961 c 12 § 46.37.005. Prior: 1943 c 133 § 1; 1937 c 189
§ 6; Rem. Supp. 1943 § 6360-6; 1927 c 309 § 14, part; RRS
§ 6362-14, part. Formerly RCW 46.36.010.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1967 ex.s. c 145: See RCW 47.98.043.
Towing operators, appointment of: RCW 46.55.115.
46.37.010 Scope and effect of regulations—General
penalty. (1) It is a traffic infraction for any person to drive
or move or for the owner to cause or knowingly permit to be
driven or moved on any highway any vehicle or combination
of vehicles which is in such unsafe condition as to endanger
any person, or which does not contain those parts or is not
at all times equipped with such lamps and other equipment
in proper condition and adjustment as required in this
chapter or in regulations issued by the chief of the Washington state patrol, or which is equipped in any manner in
violation of this chapter or the state patrol’s regulations, or
for any person to do any act forbidden or fail to perform any
act required under this chapter or the state patrol’s regulations.
(2) Nothing contained in this chapter or the state
patrol’s regulations shall be construed to prohibit the use of
additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter or the state patrol’s
regulations.
(3) The provisions of the chapter and the state patrol’s
regulations with respect to equipment on vehicles shall not
apply to implements of husbandry, road machinery, road
rollers, or farm tractors except as herein made applicable.
(4) No owner or operator of a farm tractor, self-propelled unit of farm equipment, or implement of husbandry
shall be guilty of a crime or subject to penalty for violation
of RCW 46.37.160 as now or hereafter amended unless such
violation occurs on a public highway.
(5) It is a traffic infraction for any person to sell or
offer for sale vehicle equipment which is required to be
approved by the state patrol as prescribed in RCW 46.37.005
unless it has been approved by the state patrol.
(6) The provisions of this chapter with respect to
equipment required on vehicles shall not apply to motorcycles or motor-driven cycles except as herein made applicable.
(7) This chapter does not apply to vehicles used by the
state parks and recreation commission exclusively for park
[Title 46 RCW—page 123]
46.37.010
Title 46 RCW: Motor Vehicles
maintenance and operations upon public highways within
state parks.
(8) Notices of traffic infraction issued to commercial
drivers under the provisions of this chapter with respect to
equipment required on commercial motor vehicles shall not
be considered for driver improvement purposes under chapter
46.20 RCW.
(9) Whenever a traffic infraction is chargeable to the
owner or lessee of a vehicle under subsection (1) of this
section, the driver shall not be arrested or issued a notice of
traffic infraction unless the vehicle is registered in a jurisdiction other than Washington state, or unless the infraction is
for an offense that is clearly within the responsibility of the
driver.
(10) Whenever the owner or lessee is issued a notice of
traffic infraction under this section the court may, on the
request of the owner or lessee, take appropriate steps to
make the driver of the vehicle, or any other person who
directs the loading, maintenance, or operation of the vehicle,
a codefendant. If the codefendant is held solely responsible
and is found to have committed the traffic infraction, the
court may dismiss the notice against the owner or lessee.
[1997 c 241 § 14; 1989 c 178 § 22; 1987 c 330 § 707; 1979
ex.s. c 136 § 69; 1977 ex.s. c 355 § 1; 1963 c 154 § 1; 1961
c 12 § 46.37.010. Prior: 1955 c 269 § 1; prior: 1937 c 189
§ 14, part; RRS § 6360-14, part; RCW 46.40.010, part; 1929
c 178 § 2; 1927 c 309 § 19; 1921 c 96 § 22, part; 1919 c 59
§ 10, part; 1917 c 155 § 15, part; 1915 c 142 § 21, part;
RRS § 6362-19.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1977 ex.s. c 355: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 355 § 57.]
Effective date—1963 c 154: "This act shall take effect on January
1, 1964." [1963 c 154 § 32.]
Moving defective vehicle: RCW 46.32.060.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
Local twenty-four hour headlight policy: RCW 47.04.180.
Motorcycles and motor-driven cycles—When headlamps and tail lamps to
be lighted: RCW 46.37.522.
46.37.030 Visibility distance and mounted height of
lamps. (1) Whenever requirement is hereinafter declared as
to distance from which certain lamps and devices shall
render objects visible or within which such lamps or devices
shall be visible, said provisions shall apply during the times
stated in RCW 46.37.020 in respect to a vehicle without load
when upon a straight, level, unlighted highway under normal
atmospheric conditions unless a different time or condition
is expressly stated.
(2) Whenever requirement is hereinafter declared as to
the mounted height of lamps or devices it shall mean from
the center of such lamp or device to the level ground upon
which the vehicle stands when such vehicle is without a
load.
(3) No additional lamp, reflective device, or other motor
vehicle equipment shall be added which impairs the effectiveness of this standard. [1977 ex.s. c 355 § 3; 1961 c 12
§ 46.37.030. Prior: 1955 c 269 § 3; prior: 1937 c 189 §
14, part; RRS § 6360-14, part; RCW 46.40.010, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.040 Head lamps on motor vehicles. (1) Every
motor vehicle shall be equipped with at least two head lamps
with at least one on each side of the front of the motor
vehicle, which head lamps shall comply with the requirements and limitations set forth in this chapter.
(2) Every head lamp upon every motor vehicle shall be
located at a height measured from the center of the head
lamp of not more than fifty-four inches nor less than twentyfour inches to be measured as set forth in RCW
46.37.030(2). [1977 ex.s. c 355 § 4; 1961 c 12 § 46.37.040.
Prior: 1955 c 269 § 4; prior: 1937 c 189 § 15; RRS §
6360-15; RCW 46.40.020; 1933 c 156 § 1, part; 1929 c 178
§ 3, part; 1927 c 309 §§ 20, part, 24; 1921 c 96 § 22, part;
1919 c 59 § 10, part; 1917 c 155 § 15, part; 1915 c 142 §
21, part; RRS §§ 6362-20, part, 6362-24.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.020 When lighted lamps and signaling devices
are required. Every vehicle upon a highway within this
state at any time from a half hour after sunset to a half hour
before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons
and vehicles on the highway are not clearly discernible at a
distance of one thousand feet ahead shall display lighted
head lights, other lights, and illuminating devices as hereinafter respectively required for different classes of vehicles,
subject to exceptions with respect to parked vehicles, and
such stop lights, turn signals, and other signaling devices
shall be lighted as prescribed for the use of such devices.
[1977 ex.s. c 355 § 2; 1974 ex.s. c 124 § 2; 1963 c 154 § 2;
1961 c 12 § 46.37.020. Prior: 1955 c 269 § 2; prior: 1937
c 189 § 14, part; RRS § 6360-14, part; RCW 46.40.010,
part; 1929 c 178 § 2; 1927 c 309 § 19; 1921 c 96 § 22, part;
1919 c 59 § 10, part; 1917 c 155 § 15, part; 1915 c 142 §
21, part; RRS § 6362-19.]
[Title 46 RCW—page 124]
46.37.050 Tail lamps. (1) After January 1, 1964,
every motor vehicle, trailer, semitrailer, and pole trailer, and
any other vehicle which is being drawn at the end of a
combination of vehicles, shall be equipped with at least two
tail lamps mounted on the rear, which, when lighted as
required in RCW 46.37.020, shall emit a red light plainly
visible from a distance of one thousand feet to the rear,
except that passenger cars manufactured or assembled prior
to January 1, 1939, shall have at least one tail lamp. On a
combination of vehicles only the tail lamps on the rearmost
vehicle need actually be seen from the distance specified.
On vehicles equipped with more than one tail lamp, the
lamps shall be mounted on the same level and as widely
spaced laterally as practicable.
(2) Every tail lamp upon every vehicle shall be located
at a height of not more than seventy-two inches nor less than
fifteen inches.
(2002 Ed.)
Vehicle Lighting and Other Equipment
(3) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the
rear registration plate and render it clearly legible from a
distance of fifty feet to the rear. Any tail lamp or tail lamps,
together with any separate lamp or lamps for illuminating the
rear registration plate, shall be so wired as to be lighted
whenever the head lamps or auxiliary driving lamps are
lighted. [1977 ex.s. c 355 § 5; 1963 c 154 § 3; 1961 c 12
§ 46.37.050. Prior: 1955 c 269 § 5; prior: 1947 c 267 § 2,
part; 1937 c 189 § 16, part; Rem. Supp. 1947 § 6360-16,
part; RCW 46.40.030, part; 1929 c 178 § 7; 1927 c 309 §
27; RRS § 6362-27; 1921 c 96 § 22, part; 1919 c 59 § 10,
part; 1917 c 155 § 15, part; 1915 c 142 § 21, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.060 Reflectors. (1) Every motor vehicle, trailer,
semitrailer, and pole trailer shall carry on the rear, either as
a part of the tail lamps or separately, two or more red
reflectors meeting the requirements of this section: PROVIDED, HOWEVER, That vehicles of the types mentioned
in RCW 46.37.090 shall be equipped with reflectors meeting
the requirements of RCW 46.37.110 and 46.37.120.
(2) Every such reflector shall be mounted on the vehicle
at a height not less than fifteen inches nor more than
seventy-two inches measured as set forth in RCW
46.37.030(2), and shall be of such size and characteristics
and so mounted as to be visible at night from all distances
within six hundred feet to one hundred feet from such
vehicle when directly in front of lawful upper beams of head
lamps, except that reflectors on vehicles manufactured or
assembled prior to January 1, 1970, shall be visible at night
from all distances within three hundred and fifty feet to one
hundred feet when directly in front of lawful upper beams of
head lamps. [1977 ex.s. c 355 § 6; 1963 c 154 § 4; 1961 c
12 § 46.37.060. Prior: 1955 c 269 § 6; prior: 1947 c 267
§ 2, part; 1937 c 189 § 16, part; Rem. Supp. 1947 § 636016, part; RCW 46.40.030, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.070 Stop lamps and turn signals required. (1)
After January 1, 1964, every motor vehicle, trailer, semitrailer, and pole trailer shall be equipped with two or more stop
lamps meeting the requirements of RCW 46.37.200, except
that passenger cars manufactured or assembled prior to
January 1, 1964, shall be equipped with at least one such
stop lamp. On a combination of vehicles, only the stop
lamps on the rearmost vehicle need actually be seen from the
distance specified in RCW 46.37.200(1).
(2) After January 1, 1960, every motor vehicle, trailer,
semitrailer and pole trailer shall be equipped with electric
turn signal lamps meeting the requirements of RCW
46.37.200(2), except that passenger cars, trailers, semitrailers,
pole trailers, and trucks less than eighty inches in width,
manufactured or assembled prior to January 1, 1953, need
not be equipped with electric turn signal lamps. [1977 ex.s.
c 355 § 7; 1963 c 154 § 5; 1961 c 12 § 46.37.070. Prior:
1959 c 319 § 32; 1955 c 269 § 7; prior: 1953 c 248 § 2,
part; 1947 c 267 § 4, part; 1937 c 189 § 23, part; Rem.
(2002 Ed.)
46.37.050
Supp. 1947 § 6360-23, part; RCW 46.40.090, part; 1929 c
178 § 1, part; 1927 c 309 § 15, part; RRS § 6362-15, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.080 Application of succeeding sections. Those
sections of this chapter which follow immediately, including
RCW 46.37.090, 46.37.100, 46.37.110, 46.37.120, and
46.37.130, relating to clearance lamps, marker lamps, and reflectors, shall apply as stated in said sections to vehicles of
the type therein enumerated, namely buses, trucks, truck
tractors, and trailers, semitrailers, and pole trailers, respectively, when operated upon any highway, and said vehicles
shall be equipped as required and all lamp equipment required shall be lighted at the times mentioned in RCW
46.37.020. For purposes of the sections enumerated above,
a camper, when mounted upon a motor vehicle, shall be
considered part of the permanent structure of that motor
vehicle. [1977 ex.s. c 355 § 8; 1963 c 154 § 6; 1961 c 12
§ 46.37.080. Prior: 1955 c 269 § 8; prior: 1947 c 267 § 3,
part; 1937 c 189 § 17, part; Rem. Supp. 1947 § 6360-17,
part; RCW 46.40.040, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.090 Additional equipment required on certain
vehicles. In addition to other equipment required in RCW
46.37.040, 46.37.050, 46.37.060, and 46.37.070, the following vehicles shall be equipped as herein stated under the
conditions stated in RCW 46.37.080, and in addition, the
reflectors elsewhere enumerated for such vehicles shall
conform to the requirements of RCW 46.37.120(1).
(1) Buses, trucks, motor homes, and motor vehicles with
mounted campers eighty inches or more in over-all width:
(a) On the front, two clearance lamps, one at each side,
and on vehicles manufactured or assembled after January 1,
1964, three identification lamps meeting the specifications of
subdivision (6) [(7)] of this section;
(b) On the rear, two clearance lamps, one at each side,
and after January 1, 1964, three identification lamps meeting
the specifications of subdivision (6) [(7)] of this section;
(c) On each side, two side marker lamps, one at or near
the front and one at or near the rear;
(d) On each side, two reflectors, one at or near the front
and one at or near the rear.
(2) Trailers and semitrailers eighty inches or more in
over-all width:
(a) On the front, two clearance lamps, one at each side;
(b) On the rear, two clearance lamps, one at each side,
and after January 1, 1964, three identification lamps meeting
the specifications of subdivision (6) [(7)] of this section;
(c) On each side, two side marker lamps, one at or near
the front and one at or near the rear;
(d) On each side, two reflectors, one at or near the front
and one at or near the rear: PROVIDED, That a mobile
home as defined by RCW 46.04.302 need not be equipped
with two side marker lamps or two side reflectors as
required by subsection (2) (c) and (d) of this section while
operated under the terms of a special permit authorized by
RCW 46.44.090.
(3) Truck tractors:
[Title 46 RCW—page 125]
46.37.090
Title 46 RCW: Motor Vehicles
On the front, two cab clearance lamps, one at each side,
and on vehicles manufactured or assembled after January 1,
1964, three identification lamps meeting the specifications of
subdivision (6) [(7)] of this section.
(4) Trailers, semitrailers, and pole trailers thirty feet or
more in over-all length:
On each side, one amber side marker lamp and one
amber reflector, centrally located with respect to the length
of the vehicle: PROVIDED, That a mobile home as defined
by RCW 46.04.302 need not be equipped with such side
marker lamp or reflector while operated under the terms of
a special permit authorized by RCW 46.44.090.
(5) Pole trailers:
(a) On each side, one amber side marker lamp at or near
the front of the load;
(b) One amber reflector at or near the front of the load;
(c) On the rearmost support for the load, one combination marker lamp showing amber to the front and red to the
rear and side, mounted to indicate maximum width of the
pole trailer.
(6) Boat trailers eighty inches or more in overall width:
(a) One on each side, at or near the midpoint, one
clearance lamp performing the function of both a front and
rear clearance lamp;
(b) On the rear, after June 1, 1978, three identification
lamps meeting the specifications of subsection (7) of this
section;
(c) One on each side, two side marker lamps, one at or
near the front and one at or near the rear;
(d) On each side, two reflectors, one at or near the front
and one at or near the rear.
(7) Whenever required or permitted by this chapter,
identification lamps shall be grouped in a horizontal row,
with lamp centers spaced not less than six nor more than
twelve inches apart, and mounted on the permanent structure
of the vehicle as close as practicable to the vertical centerline: PROVIDED, HOWEVER, That where the cab of a
vehicle is not more than forty-two inches wide at the front
roof line, a single identification lamp at the center of the cab
shall be deemed to comply with the requirements for front
identification lamps. [1977 ex.s. c 355 § 9; 1963 c 154 § 7;
1961 c 12 § 46.37.090. Prior: 1955 c 269 § 9; prior: 1947
c 267 § 3, part; 1937 c 189 § 17, part; Rem. Supp. 1947 §
6360-17, part; RCW 46.40.040, part; 1933 c 156 §§ 5, part,
6, part; 1929 c 178 §§ 7, part, 8, part; 1927 c 309 §§ 27,
part, 28, part; RRS §§ 6362-27, part, 6362-28, part; 1921 c
96 § 22, part; 1919 c 59 § 10, part; 1917 c 155 § 15, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.100 Color of clearance lamps, side marker
lamps, back-up lamps, and reflectors. (1) Front clearance
lamps and those marker lamps and reflectors mounted on the
front or on the side near the front of a vehicle shall display
or reflect an amber color.
(2) Rear clearance lamps and those marker lamps and
reflectors mounted on the rear or on the sides near the rear
of a vehicle shall display or reflect a red color.
(3) All lighting devices and reflectors mounted on the
rear of any vehicle shall display or reflect a red color, except
the stop lamp or other signal device, which may be red,
[Title 46 RCW—page 126]
amber, or yellow, and except that on any vehicle forty or
more years old, or on any motorcycle regardless of age, the
taillight may also contain a blue or purple insert of not more
than one inch in diameter, and except that the light illuminating the license plate shall be white and the light emitted by
a back-up lamp shall be white or amber. [2002 c 196 § 1;
1992 c 46 § 1; 1961 c 12 § 46.37.100. Prior: 1955 c 269
§ 10; prior: 1947 c 267 § 3, part; 1937 c 189 § 17, part;
Rem. Supp. 1947 § 6360-17, part; RCW 46.40.040, part;
1933 c 156 §§ 5, part, 6, part; 1929 c 178 §§ 7, part, 8, part;
1927 c 309 §§ 27, part, 28, part; RRS §§ 6362-27, part,
6362-28, part; 1921 c 96 § 22, part; 1919 c 59 § 10, part;
1917 c 155 § 15, part; 1915 c 142 § 21, part.]
46.37.110 Mounting of reflectors, clearance lamps,
identification lamps, and side marker lamps. (1) Reflectors when required by RCW 46.37.090 shall be mounted at
a height not less than twenty-four inches and not higher than
sixty inches above the ground on which the vehicle stands,
except that if the highest part of the permanent structure of
the vehicle is less than twenty-four inches the reflector at
such point shall be mounted as high as that part of the
permanent structure will permit.
The rear reflectors on a pole trailer may be mounted on
each side of the bolster or load.
Any required red reflector on the rear of a vehicle may
be incorporated with the tail lamp, but such reflector shall
meet all the other reflector requirements of this chapter.
(2) Clearance lamps shall be mounted on the permanent
structure of the vehicle in such a manner as to indicate the
extreme height and width of the vehicle. When rear identification lamps are required and are mounted as high as is
practicable, rear clearance lamps may be mounted at optional
height, and when the mounting of front clearance lamps
results in such lamps failing to indicate the extreme width of
the trailer, such lamps may be mounted at optional height
but must indicate, as near as practicable, the extreme width
of the trailer. Clearance lamps on truck tractors shall be
located so as to indicate the extreme width of the truck
tractor cab. Clearance lamps and side marker lamps may be
mounted in combination provided illumination is given as
required herein with reference to both: PROVIDED, That
no rear clearance lamp may be combined in any shell or
housing with any tail lamp or identification lamp. [1977
ex.s. c 355 § 10; 1961 c 12 § 46.37.110. Prior: 1955 c 269
§ 11; prior: 1947 c 267 § 3, part; 1937 c 189 § 17, part;
Rem. Supp. 1947 § 6360-17, part; RCW 46.40.040, part;
1933 c 156 §§ 5, part, 6, part; 1929 c 178 §§ 7, part, 8, part;
1927 c 309 §§ 27, part, 28, part; RRS §§ 6362-27, part,
6362-28, part; 1921 c 96 § 22, part; 1919 c 59 § 10, part;
1917 c 155 § 15, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.120 Visibility of reflectors, clearance lamps,
identification lamps, and side marker lamps. (1) Every
reflector upon any vehicle referred to in RCW 46.37.090
shall be of such size and characteristics and so maintained as
to be readily visible at nighttime from all distances within
six hundred feet to one hundred feet from the vehicle when
directly in front of lawful lower beams of head lamps,
except that the visibility for reflectors on vehicles manufac(2002 Ed.)
Vehicle Lighting and Other Equipment
tured or assembled prior to January 1, 1970, shall be
measured in front of the lawful upper beams of headlamps.
Reflectors required to be mounted on the sides of the vehicle
shall reflect the required color of light to the sides, and those
mounted on the rear shall reflect a red color to the rear.
(2) Front and rear clearance lamps and identification
lamps shall be capable of being seen and distinguished under
normal atmospheric conditions at the times lights are
required at all distances between five hundred feet and fifty
feet from the front and rear, respectively, of the vehicle.
(3) Side marker lamps shall be capable of being seen
and distinguished under normal atmospheric conditions at the
times lights are required at all distances between five
hundred feet and fifty feet from the side of the vehicle on
which mounted. [1977 ex.s. c 355 § 11; 1963 c 154 § 8;
1961 c 12 § 46.37.120. Prior: 1955 c 269 § 12; prior:
1947 c 267 § 3, part; 1937 c 189 § 17, part; Rem. Supp.
1947 § 6360-17, part; RCW 46.40.040, part; 1933 c 156 §§
5, part, 6, part; 1929 c 178 §§ 7, part, 8, part; 1927 c 309 §§
27, part, 28, part; RRS §§ 6362-27, part, 6362-28, part; 1921
c 96 § 22, part; 1919 c 59 § 10, part; 1917 c 155 § 15, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.130 Obstructed lights not required. Whenever
motor and other vehicles are operated in combination during
the time that lights are required, any lamp (except tail lamps)
need not be lighted which, by reason of its location on a
vehicle of the combination, would be obscured by another
vehicle of the combination, but this shall not affect the
requirement that lighted clearance lamps be displayed on the
front of the foremost vehicle required to have clearance
lamps, nor that all lights required on the rear of the rearmost
vehicle of any combination shall be lighted. [1961 c 12 §
46.37.130. Prior: 1955 c 269 § 13.]
46.37.140 Lamps, reflectors, and flags on projecting
load. Whenever the load upon any vehicle extends to the
rear four feet or more beyond the bed or body of such
vehicle there shall be displayed at the extreme rear end of
the load, at the times specified in RCW 46.37.020, two red
lamps, visible from a distance of at least five hundred feet
to the rear, two red reflectors visible at night from all
distances within six hundred feet to one hundred feet to the
rear when directly in front of lawful lower beams of
headlamps, and located so as to indicate maximum width,
and on each side one red lamp, visible from a distance of at
least five hundred feet to the side, located so as to indicate
maximum overhang. There shall be displayed at all other
times on any vehicle having a load which extends beyond its
sides or more than four feet beyond its rear, red flags, not
less than twelve inches square, marking the extremities of
such loads, at each point where a lamp would otherwise be
required by this section, under RCW 46.37.020. [1977 ex.s.
c 355 § 12; 1963 c 154 § 9; 1961 c 12 § 46.37.140. Prior:
1955 c 269 § 14; prior: 1937 c 189 § 18; RRS § 6360-18;
RCW 46.40.050; 1929 c 178 § 11, part; 1927 c 309 § 32,
part, RRS § 6362-32, part; 1921 c 96 § 22, part; 1919 c 59
§ 10, part; 1917 c 155 § 15, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
(2002 Ed.)
46.37.120
46.37.150 Lamps on vehicles—Parked or stopped
vehicles, lighting requirements. (1) Every vehicle shall be
equipped with one or more lamps, which, when lighted, shall
display a white or amber light visible from a distance of one
thousand feet to the front of the vehicle, and a red light visible from a distance of one thousand feet to the rear of the
vehicle. The location of said lamp or lamps shall always be
such that at least one lamp or combination of lamps meeting
the requirements of this section is installed as near as
practicable to the side of the vehicle which is closest to
passing traffic.
(2) Whenever a vehicle is lawfully parked upon a street
or highway during the hours between a half hour after sunset
and a half hour before sunrise and in the event there is
sufficient light to reveal any person or object within a distance of one thousand feet upon such street or highway, no
lights need be displayed upon such parked vehicle.
(3) Whenever a vehicle is parked or stopped upon a
roadway or shoulder adjacent thereto, outside an incorporated
city or town, whether attended or unattended, during the
hours between a half hour after sunset and a half hour before
sunrise and there is insufficient light to reveal any person or
object within a distance of one thousand feet upon such
highway, such vehicle so parked or stopped shall be
equipped with and shall display lamps meeting the requirements of subsection (1) of this section.
(4) Any lighted head lamps upon a parked vehicle shall
be depressed or dimmed. [1977 ex.s. c 355 § 13; 1963 c
154 § 10; 1961 c 12 § 46.37.150. Prior: 1955 c 269 § 15;
prior: 1937 c 189 § 19; RRS § 6360-19; RCW 46.40.060;
1933 c 156 § 8; 1929 c 178 § 10; 1927 c 309 § 31; RRS §
6362-31.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.160 Hazard warning lights and reflectors on
farm equipment—Slow-moving vehicle emblem. (1)
Every farm tractor and every self-propelled unit of farm
equipment or implement of husbandry manufactured or
assembled after January 1, 1970, shall be equipped with
vehicular hazard warning lights of the type described in
RCW 46.37.215 visible from a distance of not less than one
thousand feet to the front and rear in normal sunlight, which
shall be displayed whenever any such vehicle is operated
upon a highway.
(2) Every self-propelled unit of farm equipment or
implement of husbandry manufactured or assembled after
January 1, 1970, shall at all times, and every other motor
vehicle shall at times mentioned in RCW 46.37.020, be
equipped with lamps and reflectors as follows:
(a) At least two headlamps meeting the requirements of
RCW 46.37.220, 46.37.240, or 46.37.260;
(b) At least one red lamp visible when lighted from a
distance of not less than one thousand feet to the rear
mounted as far to the left of center of vehicle as practicable;
(c) At least two red reflectors visible from all distances
within six hundred to one hundred feet to the rear when
directly in front of lawful lower beams of headlamps.
(3) Every combination of farm tractor and towed farm
equipment or towed implement of husbandry shall at all
[Title 46 RCW—page 127]
46.37.160
Title 46 RCW: Motor Vehicles
times mentioned in RCW 46.37.020 be equipped with lamps
and reflectors as follows:
(a) The farm tractor element of every such combination
shall be equipped as required in subsections (1) and (2) of
this section;
(b) The towed unit of farm equipment or implement of
husbandry element of such combination shall be equipped on
the rear with two red lamps visible when lighted from a
distance of not less than one thousand feet to the rear, and
two red reflectors visible to the rear from all distances within
six hundred feet to one hundred feet to the rear when
directly in front of lawful upper beams of head lamps. One
reflector shall be so positioned to indicate, as nearly as
practicable, the extreme left projection of the towed unit;
(c) If the towed unit or its load obscures either of the
vehicle hazard warning lights on the tractor, the towed unit
shall be equipped with vehicle hazard warning lights
described in subsection (1) of this section.
(4) The two red lamps and the two red reflectors
required in the foregoing subsections of this section on a
self-propelled unit of farm equipment or implement of
husbandry or combination of farm tractor and towed farm
equipment shall be so positioned as to show from the rear as
nearly as practicable the extreme width of the vehicle or
combination carrying them: PROVIDED, That if all other
requirements are met, reflective tape or paint may be used in
lieu of reflectors required by subsection (3) of this section.
(5) After January 1, 1970, every farm tractor and every
self-propelled unit of farm equipment or implement of
husbandry designed for operation at speeds not in excess of
twenty-five miles per hour shall at all times be equipped
with a slow moving vehicle emblem mounted on the rear
except as provided in subsection (6) of this section.
(6) After January 1, 1970, every combination of farm
tractor and towed farm equipment or towed implement of
husbandry normally operating at speeds not in excess of
twenty-five miles per hour shall at all times be equipped
with a slow moving vehicle emblem as follows:
(a) Where the towed unit is sufficiently large to obscure
the slow moving vehicle emblem on the farm tractor, the
towed unit shall be equipped with a slow moving vehicle
emblem. In such cases, the towing vehicle need not display
the emblem;
(b) Where the slow moving vehicle emblem on the farm
tractor unit is not obscured by the towed unit, then either or
both may be equipped with the required emblem but it shall
be sufficient if either has it.
(7) The emblem required by subsections (5) and (6) of
this section shall comply with current standards and specifications as promulgated by the Washington state patrol.
[1987 c 330 § 708; 1977 ex.s. c 355 § 14; 1969 ex.s. c 281
§ 22; 1963 c 154 § 11; 1961 c 12 § 46.37.160. Prior: 1955
c 269 § 16.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.170 Lamps and reflectors on other vehicles
and equipment—Slow-moving vehicle emblem on animaldrawn vehicles. (1) Every vehicle, including animal-drawn
[Title 46 RCW—page 128]
vehicles and vehicles referred to in RCW 46.37.010(3), not
specifically required by the provisions of RCW 46.37.020
through 46.37.330 to be equipped with lamps, or other
lighting devices, shall at all times specified in RCW
46.37.020 be equipped with at least one lamp displaying a
white light visible from a distance of not less than one
thousand feet to the front of said vehicle, and shall also be
equipped with two lamps displaying red light visible from a
distance of not less than one thousand feet to the rear of said
vehicle, or as an alternative, one lamp displaying a red light
visible from a distance of not less than one thousand feet to
the rear and two red reflectors visible from all distances of
six hundred to one hundred feet to the rear when illuminated
by the lawful lower beams of head lamps.
(2) After June 1, 1978, every animal-drawn vehicle shall
at all times be equipped with a slow-moving vehicle emblem
complying with RCW 46.37.160(7). [1977 ex.s. c 355 § 15;
1963 c 154 § 12; 1961 c 12 § 46.37.170. Prior: 1955 c 269
§ 17; prior: 1937 c 189 § 21; RRS § 6360-21; RCW
46.40.080; 1927 c 309 § 34; 1921 c 96 § 22, part; 1917 c 40
§ 1; RRS § 6362-34.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.180 Spot lamps and auxiliary lamps. (1) Spot
lamps. Any motor vehicle may be equipped with not to
exceed two spot lamps and every lighted spot lamp shall be
so aimed and used that no part of the high intensity portion
of the beam will strike the windshield, or any windows,
mirror, or occupant of another vehicle in use.
(2) Fog lamps. Any motor vehicle may be equipped
with not to exceed two fog lamps mounted on the front at a
height of not less than twelve inches nor more than thirty
inches above the level surface upon which the vehicle stands
and so aimed that when the vehicle is not loaded none of the
high intensity portion of the light to the left of the center of
the vehicle shall at a distance of twenty-five feet ahead
project higher than a level of four inches below the level of
the center of the lamp from which it comes. Lighted fog
lamps meeting the above requirements may be used with
lower head lamp beams as specified in RCW 46.37.220.
(3) Auxiliary passing lamps. Any motor vehicle may be
equipped with not to exceed two auxiliary passing lamps
mounted on the front at a height not less than twenty-four
inches nor more than forty-two inches above the level
surface upon which the vehicle stands. The provisions of
RCW 46.37.220 shall apply to any combinations of head
lamps and auxiliary passing lamps.
(4) Auxiliary driving lamps. Any motor vehicle may be
equipped with not to exceed two auxiliary driving lamps
mounted on the front at a height not less than sixteen inches
nor more than forty-two inches above the level surface upon
which the vehicle stands. The provisions of RCW 46.37.220
shall apply to any combination of head lamps and auxiliary
driving lamps. [1963 c 154 § 13; 1961 c 12 § 46.37.180.
Prior: 1955 c 269 § 18; prior: 1949 c 157 § 1; Rem. Supp.
1949 § 6360-22a; RCW 46.40.110, 46.40.120.]
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.184 Red flashing lights on fire department
vehicles. All fire department vehicles in service shall be
(2002 Ed.)
Vehicle Lighting and Other Equipment
identified by red lights of an intermittent flashing type,
visible from both front and rear for a distance of five
hundred feet under normal atmospheric conditions. Such red
flashing lights shall be well separated from the headlights so
that they will not black out when headlights are on. Such
red flashing lights shall be in operation at all times when
such vehicle is on emergency status. [1961 c 12 §
46.37.184. Prior: 1953 c 161 § 1. Formerly RCW
46.40.220.]
46.37.185 Green light on firemen’s private cars.
Firemen, when approved by the chief of their respective
service, shall be authorized to use a green light on the front
of their private cars when on emergency duty only. Such
green light shall be visible for a distance of two hundred feet
under normal atmospheric conditions and shall be of a type
and mounting approved by the Washington state patrol. The
use of the green light shall only be for the purpose of
identification and the operator of a vehicle so equipped shall
not be entitled to any of the privileges provided in RCW
46.61.035 for the operators of authorized emergency vehicles. [1987 c 330 § 709; 1971 ex.s. c 92 § 3; 1961 c 12 §
46.37.185. Prior: 1953 c 161 § 2. Formerly RCW
46.40.230.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
46.37.186 Fire department sign or plate on private
car. (1) No private vehicle, bearing a sign or plate indicating a fire department connection, shall be driven or operated
on any public highway, except when the owner thereof is a
bona fide member of a fire department.
(2) Any sign or plate indicating fire department connection on a private car of any member of a fire department
shall include the name of the municipality or fire department
organization to which the owner belongs. [1961 c 12 §
46.37.186. Prior: 1953 c 161 § 3. Formerly RCW
46.40.240.]
46.37.187 Green light, sign or plate—Identification
card required. Any individual displaying a green light as
authorized in RCW 46.37.185, or a sign or plate as authorized in RCW 46.37.186, shall also carry attached to a
convenient location on the private vehicle to which the green
light or sign or plate is attached, an identification card
showing the name of the owner of said vehicle, the organization to which he or she belongs and bearing the signature
of the chief of the service involved. [1971 ex.s. c 92 § 2;
1961 c 12 § 46.37.187. Prior: 1953 c 161 § 4. Formerly
RCW 46.40.250.]
46.37.188 Penalty for violation of RCW 46.37.184
through 46.37.188. Every violation of RCW 46.37.184,
46.37.185, 46.37.186, or 46.37.187 is a traffic infraction.
[1979 ex.s. c 136 § 70; 1961 c 12 § 46.37.188. Prior: 1953
c 161 § 5. Formerly RCW 46.40.260.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.37.190 Warning devices on vehicles—Other
drivers yield and stop. (1) Every authorized emergency
(2002 Ed.)
46.37.184
vehicle shall, in addition to any other equipment and
distinctive marking required by this chapter, be equipped
with at least one lamp capable of displaying a red light
visible from at least five hundred feet in normal sunlight and
a siren capable of giving an audible signal.
(2) Every school bus and private carrier bus shall, in
addition to any other equipment and distinctive markings
required by this chapter, be equipped with a "stop" signal
upon a background not less than fourteen by eighteen inches
displaying the word "stop" in letters of distinctly contrasting
colors not less than eight inches high, and shall further be
equipped with signal lamps mounted as high and as widely
spaced laterally as practicable, which shall be capable of
displaying to the front two alternately flashing red lights
located at the same level and to the rear two alternately
flashing red lights located at the same level and these lights
shall have sufficient intensity to be visible at five hundred
feet in normal sunlight.
(3) Vehicles operated by public agencies whose law
enforcement duties include the authority to stop and detain
motor vehicles on the public highways of the state may be
equipped with a siren and lights of a color and type designated by the state patrol for that purpose. The state patrol
may prohibit the use of these sirens and lights on vehicles
other than the vehicles described in this subsection.
(4) The lights described in this section shall not be
mounted nor used on any vehicle other than a school bus, a
private carrier bus, or an authorized emergency or law
enforcement vehicle. Optical strobe light devices shall not
be installed or used on any vehicle other than an emergency
vehicle authorized by the state patrol, a publicly owned law
enforcement or emergency vehicle, a department of transportation, city, or county maintenance vehicle, or a public transit
vehicle.
(a) An "optical strobe light device" used by emergency
vehicles means a strobe light device which emits an optical
signal at a specific frequency to a traffic control light
enabling the emergency vehicle in which the strobe light
device is used to obtain the right of way at intersections.
(b) An "optical strobe light device" used by department
of transportation, city, or county maintenance vehicles means
a strobe light device that emits an optical signal at a specific
frequency to a traffic control light enabling the department
of transportation maintenance vehicle in which the strobe
light device is used to perform maintenance tests.
(c) An "optical strobe light device" used by public
transit vehicles means a strobe light device that emits an
optical signal at a specific frequency to a traffic control light
enabling the public transit vehicle in which the strobe light
device is used to accelerate the cycle of the traffic control
light. For the purposes of this section, "public transit vehicle" means vehicles, owned by a governmental entity, with
a seating capacity for twenty-five or more persons and used
to provide mass transportation. Public transit vehicles
operating an optical strobe light will have second degree
priority to emergency vehicles when simultaneously approaching the same traffic control light.
(5) The use of the signal equipment described herein,
except the optical strobe light devices used by public transit
vehicles and department of transportation, city, or county
maintenance vehicles that are not used in conjunction with
emergency equipment, shall impose upon drivers of other
[Title 46 RCW—page 129]
46.37.190
Title 46 RCW: Motor Vehicles
vehicles the obligation to yield right of way and stop as
prescribed in RCW 46.61.210, 46.61.370, and 46.61.350.
[1993 c 401 § 2; 1987 c 330 § 710; 1985 c 331 § 1; 1982 c
101 § 1; 1971 ex.s. c 92 § 1; 1970 ex.s. c 100 § 5; 1965
ex.s. c 155 § 53; 1963 c 154 § 14; 1961 c 12 § 46.37.190.
Prior: 1957 c 66 § 1; 1955 c 269 § 19.]
of five hundred feet under normal atmospheric conditions.
This intermittent or revolving red light shall be used only at
the scene of an emergency or accident, and it will be unlawful to use such light while traveling to or from an emergency
or accident, or for any other purposes. [1977 ex.s. c 355 §
16.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.191 Implementing rules. The state patrol shall
adopt rules to implement RCW 46.37.190. [1993 c 401 § 3.]
46.37.193 Signs on buses. Every school bus and
private carrier bus, in addition to any other equipment or
distinctive markings required by this chapter, shall bear upon
the front and rear thereof, above the windows thereof,
plainly visible signs containing only the words "school bus"
on a school bus and only the words "private carrier bus" on
a private carrier bus in letters not less than eight inches in
height, and in addition shall be equipped with visual signals
meeting the requirements of RCW 46.37.190. School
districts may affix signs designed according to RCW
46.61.380 informing motorists of the monetary penalty for
failure to stop for a school bus when the visual signals are
activated.
However, a private carrier bus that regularly transports
children to and from a private school or in connection with
school activities may display the words "school bus" in a
manner provided in this section and need not comply with
the requirements set forth in the most recent edition of
"Specifications for School Buses" published by the superintendent of public instruction. [1997 c 80 § 3; 1995 c 141 §
2; 1990 c 241 § 10.]
School bus markings: RCW 46.61.380.
46.37.194 Authorized emergency vehicles—Rules,
tests, approval by state patrol. The state patrol may make
rules and regulations relating to authorized emergency
vehicles and shall test and approve sirens and emergency
vehicle lamps to be used on such vehicles. [1987 c 330 §
711; 1961 c 12 § 46.37.194. Prior: 1957 c 66 § 3.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
46.37.195 Sale of emergency vehicle lighting
equipment restricted. A public agency shall not sell or
give emergency vehicle lighting equipment or other equipment to a person who may not lawfully operate the lighting
equipment or other equipment on the public streets and
highways. [1990 c 94 § 2.]
Legislative finding—1990 c 94: "The legislature declares that public
agencies should not engage in activity that leads or abets a person to engage
in conduct that is not lawful. The legislature finds that some public
agencies sell emergency vehicle lighting equipment at public auctions to
persons who may not lawfully use the equipment. The legislature further
finds that this practice misleads well-intentioned citizens and also benefits
malevolent individuals." [1990 c 94 § 1.]
46.37.196 Red lights on emergency tow trucks. All
emergency tow trucks shall be identified by an intermittent
or revolving red light capable of 360° visibility at a distance
[Title 46 RCW—page 130]
46.37.200 Stop lamps and electric turn signals. (1)
Any vehicle may be equipped and when required under this
chapter shall be equipped with a stop lamp or lamps on the
rear of the vehicle which shall display a red or amber light,
or any shade of color between red and amber, visible from
a distance of not less than one hundred feet and on any
vehicle manufactured or assembled after January 1, 1964,
three hundred feet to the rear in normal sunlight, and which
shall be actuated upon application of a service brake, and
which may but need not be incorporated with one or more
other rear lamps.
(2) Any vehicle may be equipped and when required
under RCW 46.37.070(2) shall be equipped with electric turn
signals which shall indicate an intention to turn by flashing
lights showing to the front and rear of a vehicle or on a
combination of vehicles on the side of the vehicle or
combination toward which the turn is to be made. The
lamps showing to the front shall be mounted on the same
level and as widely spaced laterally as practicable and, when
signaling, shall emit amber light: PROVIDED, That on any
vehicle manufactured prior to January 1, 1969, the lamps
showing to the front may emit white or amber light, or any
shade of light between white and amber. The lamp showing
to the rear shall be mounted on the same level and as widely
spaced laterally as practicable, and, when signaling, shall
emit a red or amber light, or any shade of color between red
and amber. Turn signal lamps shall be visible from a
distance of not less than five hundred feet to the front and
rear in normal sunlight. Turn signal lamps may, but need
not be, incorporated in other lamps on the vehicle. [1977
ex.s. c 355 § 17; 1963 c 154 § 15; 1961 c 12 § 46.37.200.
Prior: 1955 c 269 § 20; prior: 1953 c 248 § 2, part; 1947
c 267 § 4, part; 1937 c 189 § 23, part; Rem. Supp. 1947 §
6360-23, part; RCW 46.40.090, part; 1929 c 178 § 1, part;
1927 c 309 § 15, part; RRS § 6362-15.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.210 Additional lighting equipment. (1) Any
motor vehicle may be equipped with not more than two side
cowl or fender lamps which shall emit an amber or white
light without glare.
(2) Any motor vehicle may be equipped with not more
than one running-board courtesy lamp on each side thereof
which shall emit a white or amber light without glare.
(3) Any motor vehicle may be equipped with one or
more back-up lamps either separately or in combination with
other lamps, but any such back-up lamp or lamps shall not
be lighted when the motor vehicle is in forward motion.
(4) Any vehicle may be equipped with one or more side
marker lamps, and any such lamp may be flashed in conjunction with turn or vehicular hazard warning signals. Side
marker lamps located toward the front of a vehicle shall be
(2002 Ed.)
Vehicle Lighting and Other Equipment
amber, and side marker lamps located toward the rear shall
be red.
(5) Any vehicle eighty inches or more in over-all width,
if not otherwise required by RCW 46.37.090, may be
equipped with not more than three identification lamps
showing to the front which shall emit an amber light without
glare and not more than three identification lamps showing
to the rear which shall emit a red light without glare. Such
lamps shall be mounted as specified in RCW 46.37.090(7).
(6)(a) Every motor vehicle, trailer, semitrailer, truck
tractor, and pole trailer used in the state of Washington may
be equipped with an auxiliary lighting system consisting of:
(i) One green light to be activated when the accelerator
of the motor vehicle is depressed;
(ii) Not more than two amber lights to be activated
when the motor vehicle is moving forward, or standing and
idling, but is not under the power of the engine.
(b) Such auxiliary system shall not interfere with the
operation of vehicle stop lamps or turn signals, as required
by RCW 46.37.070. Such system, however, may operate in
conjunction with such stop lamps or turn signals.
(c) Only one color of the system may be illuminated at
any one time, and at all times either the green light, or
amber light or lights shall be illuminated when the stop
lamps of the vehicle are not illuminated.
(d) The green light, and the amber light or lights, when
illuminated shall be plainly visible at a distance of one
thousand feet to the rear.
(e) Only one such system may be mounted on a motor
vehicle, trailer, semitrailer, truck tractor, or pole trailer; and
such system shall be rear mounted in a horizontal fashion, at
a height of not more than seventy-two inches, nor less than
twenty inches, as provided by RCW 46.37.050.
(f) On a combination of vehicles, only the lights of the
rearmost vehicle need actually be seen and distinguished as
provided in subparagraph (d) of this subsection.
(g) Each manufacturer’s model of such a system as
described in this subsection shall be approved by the state
patrol as provided for in RCW 46.37.005 and 46.37.320,
before it may be sold or offered for sale in the state of
Washington. [1987 c 330 § 712; 1977 ex.s. c 355 § 18;
1975 1st ex.s. c 242 § 1; 1963 c 154 § 16; 1961 c 12 §
46.37.210. Prior: 1955 c 269 § 21; prior: 1937 c 189 § 24;
RRS § 6360-24; RCW 46.40.100.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.215 Hazard warning lamps. (1) Any vehicle
may be equipped with lamps for the purpose of warning
other operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care
in approaching, overtaking, or passing.
(2) After June 1, 1978, every motor home, bus, truck,
truck tractor, trailer, semitrailer, or pole trailer eighty inches
or more in overall width or thirty feet or more in overall
length shall be equipped with lamps meeting the requirements of this section.
(3) Vehicular hazard warning signal lamps used to
display such warning to the front shall be mounted at the
(2002 Ed.)
46.37.210
same level and as widely spaced laterally as practicable, and
shall display simultaneously flashing amber light: PROVIDED, That on any vehicle manufactured prior to January 1,
1969, the lamps showing to the front may display simultaneously flashing white or amber lights, or any shade of color
between white and amber. The lamps used to display such
warning to the rear shall be mounted at the same level and
as widely spaced laterally as practicable, and shall show
simultaneously flashing amber or red lights, or any shade of
color between amber and red. These warning lights shall be
visible from a distance of not less than five hundred feet in
normal sunlight. [1977 ex.s. c 355 § 19.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.220 Multiple-beam road-lighting equipment.
Except as hereinafter provided, the head lamps or the
auxiliary driving lamp or the auxiliary passing lamp or
combination thereof on motor vehicles shall be so arranged
that the driver may select at will between distributions of
light projected to different elevations, and such lamps may
be so arranged that such selection can be made automatically
subject to the following limitations:
(1) There shall be an uppermost distribution of light, or
composite beam, so aimed and of such intensity as to reveal
persons and vehicles at a distance of four hundred fifty feet
ahead for all conditions of loading;
(2) There shall be a lowermost distribution of light, or
composite beam, so aimed and of sufficient intensity to
reveal persons and vehicles at a distance of one hundred fifty
feet ahead; and on a straight level road under any conditions
of loading none of the high intensity portion of the beam
shall be directed to strike the eyes of an approaching driver;
(3) Every new motor vehicle registered in this state after
January 1, 1948, which has multiple-beam road-lighting
equipment shall be equipped with a beam indicator, which
shall be lighted whenever the uppermost distribution of light
from the head lamps is in use, and shall not otherwise be
lighted. Said indicator shall be so designed and located that
when lighted it will be readily visible without glare to the
driver of the vehicle so equipped. [1977 ex.s. c 355 § 20;
1961 c 12 § 46.37.220. Prior: 1955 c 269 § 22; prior:
1947 c 267 § 5, part; Rem. Supp. 1947 § 6360-25a, part;
RCW 46.40.140, part; 1933 c 156 § 3, part; 1929 c 178 § 5,
part; 1927 c 309 § 22, part; RRS § 6362-22, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.230 Use of multiple-beam road-lighting
equipment. (1) Whenever a motor vehicle is being operated
on a roadway or shoulder adjacent thereto during the times
specified in RCW 46.37.020, the driver shall use a distribution of light, or composite beam, directed high enough and
of sufficient intensity to reveal persons and vehicles at a safe
distance in advance of the vehicle, subject to the following
requirements and limitations:
(2) Whenever a driver of a vehicle approaches an
oncoming vehicle within five hundred feet, such driver shall
use a distribution of light, or composite beam, so aimed that
the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite
beam, specified in RCW 46.37.220(2) shall be deemed to
[Title 46 RCW—page 131]
46.37.230
Title 46 RCW: Motor Vehicles
avoid glare at all times, regardless of road contour and
loading.
(3) Whenever the driver of a vehicle approaches another
vehicle from the rear within three hundred feet such driver
shall use a distribution of light permissible under this chapter
other than the uppermost distribution of light specified in
RCW 46.37.220(1). [1963 c 154 § 17; 1961 c 12 §
46.37.230. Prior: 1955 c 269 § 23; prior: 1947 c 267 § 5,
part; Rem. Supp. 1947 § 6360-25a, part; RCW 46.40.140,
part; 1933 c 156 § 3, part; 1929 c 178 § 5, part; 1927 c 309
§ 22, part; RRS § 6362-22, part.]
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.240 Single-beam road-lighting equipment.
Head lamp systems which provide only a single distribution
of light shall be permitted on all farm tractors regardless of
date of manufacture, and on all other motor vehicles manufactured and sold prior to one year after March 18, 1955, in
lieu of multiple-beam road-lighting equipment herein
specified if the single distribution of light complies with the
following requirements and limitations:
(1) The head lamps shall be so aimed that when the
vehicle is not loaded none of the high intensity portion of
the light shall at a distance of twenty-five feet ahead project
higher than a level of five inches below the level of the center of the lamp from which it comes, and in no case higher
than forty-two inches above the level on which the vehicle
stands at a distance of seventy-five feet ahead;
(2) The intensity shall be sufficient to reveal persons
and vehicles at a distance of at least two hundred feet.
[1977 ex.s. c 355 § 21; 1963 c 154 § 18; 1961 c 12 §
46.37.240. Prior: 1955 c 269 § 24; prior: 1947 c 267 § 5,
part; Rem. Supp. 1947 § 6360-25a, part; RCW 46.40.140,
part; 1933 c 156 § 3, part; 1929 c 178 § 5, part; 1927 c 309
§ 22, part; RRS § 6362-22, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.260 Alternate road lighting equipment. Any
motor vehicle may be operated under the conditions specified in RCW 46.37.020 when equipped with two lighted
lamps upon the front thereof capable of revealing persons
and objects one hundred feet ahead in lieu of lamps required
in RCW 46.37.220 or 46.37.240: PROVIDED, HOWEVER,
That at no time shall it be operated at a speed in excess of
twenty miles per hour. [1977 ex.s. c 355 § 22; 1961 c 12 §
46.37.260. Prior: 1955 c 269 § 26; prior: 1937 c 189 § 27;
RRS § 6360-27; RCW 46.40.150.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.270 Number of lamps required—Number of
additional lamps permitted. (1) At all times specified in
RCW 46.37.020, at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle,
except when such vehicle is parked subject to the regulations
governing lights on parked vehicles.
(2) Whenever a motor vehicle equipped with head lamps
as herein required is also equipped with any auxiliary lamps
or a spot lamp or any other lamp on the front thereof
projecting a beam of intensity greater than three hundred
candlepower, not more than a total of two of any such
[Title 46 RCW—page 132]
additional lamps on the front of a vehicle shall be lighted at
any one time when upon a highway. [1977 ex.s. c 355 § 23;
1961 c 12 § 46.37.270. Prior: 1955 c 269 § 27; prior:
1937 c 189 § 28; RRS § 6360-28; RCW 46.40.160; 1929 c
178 § 2; 1927 c 309 § 19; 1921 c 96 § 22, part; 1919 c 59
§ 10, part; 1917 c 155 § 15, part; 1915 c 142 § 21, part;
RRS § 6362-19.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.280 Special restrictions on lamps. (1) During
the times specified in RCW 46.37.020, any lighted lamp or
illuminating device upon a motor vehicle, other than head
lamps, spot lamps, auxiliary lamps, flashing turn signals,
emergency vehicle warning lamps, warning lamps authorized
by the state patrol and school bus warning lamps, which
projects a beam of light of an intensity greater than three
hundred candlepower shall be so directed that no part of the
high intensity portion of the beam will strike the level of the
roadway on which the vehicle stands at a distance of more
than seventy-five feet from the vehicle.
(2) Except as required in RCW 46.37.190 no person
shall drive or move any vehicle or equipment upon any
highway with any lamp or device thereon displaying a red
light visible from directly in front of the center thereof.
(3) Flashing lights are prohibited except as required in
RCW 46.37.190, 46.37.200, 46.37.210, 46.37.215, and
46.37.300, warning lamps authorized by the state patrol, and
light-emitting diode flashing taillights on bicycles. [1998 c
165 § 16; 1987 c 330 § 713; 1977 ex.s. c 355 § 24; 1963 c
154 § 19; 1961 c 12 § 46.37.280. Prior: 1955 c 269 § 28;
prior: 1949 c 157 § 2; 1947 c 267 § 6; 1947 c 200 § 2;
1937 c 189 § 29; Rem. Supp. 1949 § 6360-29; RCW
46.40.170; 1927 c 309 § 33; RRS § 6362-33.]
Short title—1998 c 165: See note following RCW 43.59.010.
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.290 Special lighting equipment on school
buses and private carrier buses. The chief of the Washington state patrol is authorized to adopt standards and
specifications applicable to lighting equipment on and special
warning devices to be carried by school buses and private
carrier buses consistent with the provisions of this chapter,
but supplemental thereto. Such standards and specifications
shall correlate with and, so far as possible, conform to the
specifications then current as approved by the society of
automotive engineers. [1987 c 330 § 714; 1977 c 45 § 1;
1970 ex.s. c 100 § 6; 1961 c 12 § 46.37.290. Prior: 1955
c 269 § 29; prior: 1937 c 189 § 25, part; RRS § 6360-25,
part; RCW 46.40.130, part; 1929 c 178 § 3, part; 1927 c 309
§ 20, part; RRS § 6362-20, part.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
School buses—Crossing arms: RCW 46.37.620.
46.37.300 Standards for lights on snow-removal or
highway maintenance and service equipment. (1) The
state patrol shall adopt standards and specifications applicable to head lamps, clearance lamps, identification and
(2002 Ed.)
Vehicle Lighting and Other Equipment
other lamps on snow-removal and other highway maintenance and service equipment when operated on the highways
of this state in lieu of the lamps otherwise required on motor
vehicles by this chapter. Such standards and specifications
may permit the use of flashing lights for purposes of
identification on snow-removal and other highway maintenance and service equipment when in service upon the
highways. The standards and specifications for lamps
referred to in this section shall correlate with and, so far as
possible, conform with those approved by the American
association of state highway officials.
(2) It shall be unlawful to operate any snow-removal
and other highway maintenance and service equipment on
any highway unless the lamps thereon comply with and are
lighted when and as required by the standards and specifications adopted as provided in this section. [1987 c 330 §
715; 1963 c 154 § 20; 1961 c 12 § 46.37.300. Prior: 1955
c 269 § 30.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.310 Selling or using lamps or equipment. (1)
No person may have for sale, sell, or offer for sale for use
upon or as a part of the equipment of a motor vehicle,
trailer, or semitrailer, or use upon any such vehicle any head
lamp, auxiliary or fog lamp, rear lamp, signal lamp, or
reflector, which reflector is required under this chapter, or
parts of any of the foregoing which tend to change the
original design or performance, unless of a type which has
been submitted to the state patrol and conforming to rules
adopted by it.
(2) No person may have for sale, sell, or offer for sale
for use upon or as a part of the equipment of a motor
vehicle, trailer, or semitrailer any lamp or device mentioned
in this section conforming to rules adopted by the state
patrol unless such lamp or device bears thereon the trademark or name under which it is approved so as to be legible
when installed.
(3) No person may use upon any motor vehicle, trailer,
or semitrailer any lamps mentioned in this section unless the
lamps are mounted, adjusted, and aimed in accordance with
instructions of the state patrol. [1987 c 330 § 716; 1986 c
113 § 1; 1961 c 12 § 46.37.310. Prior: 1955 c 269 § 31;
prior: 1937 c 189 § 30; RRS § 6360-30; RCW 46.40.180;
1929 c 178 § 12; 1927 c 309 § 35; RRS § 6362-35.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
46.37.320 Authority of state patrol regarding
lighting devices or other safety equipment. (1) The chief
of the state patrol is hereby authorized to adopt and enforce
rules establishing standards and specifications governing the
performance of lighting devices and their installation,
adjustment, and aiming, when in use on motor vehicles, and
other safety equipment, components, or assemblies of a type
for which regulation is required in this chapter or in rules
adopted by the state patrol. Such rules shall correlate with
and, so far as practicable, conform to federal motor vehicle
safety standards adopted pursuant to the national traffic and
motor vehicle safety act of 1966 (15 U.S.C. Sec. 1381 et
(2002 Ed.)
46.37.300
seq.) covering the same aspect of performance, or in the
absence of such federal standards, to the then current
standards and specifications of the society of automotive
engineers applicable to such equipment: PROVIDED, That
the sale, installation, and use of any headlamp meeting the
standards of either the society of automotive engineers or the
United Nations agreement concerning motor vehicle equipment and parts done at Geneva on March 20, 1958, or as
amended and adopted by the Canadian standards association
(CSA standard D106.2), as amended, shall be lawful in this
state.
(2) Every manufacturer who sells or offers for sale
lighting devices or other safety equipment subject to requirements established by the state patrol shall, if the lighting
device or safety equipment is not in conformance with
applicable federal motor vehicle safety standards, provide for
submission of such lighting device or safety equipment to
any recognized organization or agency such as, but not
limited to, the American national standards institute, the
society of automotive engineers, or the American association
of motor vehicle administrators, as the agent of the state
patrol. Issuance of a certificate of compliance for any
lighting device or item of safety equipment by that agent is
deemed to comply with the standards set forth by the state
patrol. Such certificate shall be issued by the agent of the
state before sale of the product within the state.
(3) The state patrol may at any time request from the
manufacturer a copy of the test data showing proof of
compliance of any device with the requirements established
by the state patrol and additional evidence that due care was
exercised in maintaining compliance during production. If
the manufacturer fails to provide such proof of compliance
within sixty days of notice from the state patrol, the state
patrol may prohibit the sale of the device in this state until
acceptable proof of compliance is received by the state
patrol.
(4) The state patrol or its agent may purchase any
lighting device or other safety equipment, component, or
assembly subject to this chapter or rules adopted by the state
patrol under this chapter, for purposes of testing or retesting
the equipment as to its compliance with applicable standards
or specifications. [1987 c 330 § 717; 1986 c 113 § 2. Prior:
1977 ex.s. c 355 § 25; 1977 ex.s. c 20 § 1; 1961 c 12 §
46.37.320; prior: 1955 c 269 § 32; prior: 1937 c 189 § 31;
RRS § 6360-31; RCW 46.40.190; 1933 c 156 § 4, part; 1929
c 178 § 6, part; 1927 c 309 § 23, part; RRS § 6362-23,
part.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.330 Revocation of certificate of approval on
devices—Reapproval, conditions. (1) When the state patrol
has reason to believe that an approved device does not
comply with the requirements of this chapter or regulations
issued by the state patrol, it may, after giving thirty days’
previous notice to the person holding the certificate of
approval for such device in this state, conduct a hearing
upon the question of compliance of said approved device.
After said hearing the state patrol shall determine whether
said approved device meets the requirements of this chapter
[Title 46 RCW—page 133]
46.37.330
Title 46 RCW: Motor Vehicles
and regulations issued by the state patrol. If said device
does not meet the requirements of this chapter or the state
patrol’s regulations it shall give notice to the one to whom
the certificate of approval has been issued of the state
patrol’s intention to suspend or revoke the certificate of
approval for such device in this state.
(2) If at the expiration of ninety days after such notice
the person holding the certificate of approval for such device
has failed to satisfy the state patrol that said approved device
as thereafter to be sold or offered for sale meets the requirements of this chapter or the state patrol’s regulations, the
state patrol shall suspend or revoke the approval issued
therefor and shall require the withdrawal of all such devices
from the market and may require that all said devices sold
since the notification be replaced with devices that do
comply.
(3) When a certificate of approval has been suspended
or revoked pursuant to this chapter or regulations by the
state patrol, the device shall not be again approved unless
and until it has been submitted for reapproval and it has
been demonstrated, in the same manner as in an application
for an original approval, that the device fully meets the
requirements of this chapter or regulations issued by the state
patrol. The state patrol may require that all previously
approved items are being effectively recalled and removed
from the market as a condition of reapproval. [1987 c 330
§ 718; 1977 ex.s. c 355 § 26; 1961 c 12 § 46.37.330. Prior:
1955 c 269 § 33; prior: 1937 c 189 § 32; RRS § 6360-32;
RCW 46.40.200; 1933 c 156 § 4, part; 1929 c 178 § 6, part;
1927 c 309 § 23, part; RRS § 6362-23, part.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.340 Braking equipment required. Every
motor vehicle, trailer, semitrailer, and pole trailer, and any
combination of such vehicle operating upon a highway
within this state shall be equipped with brakes in compliance
with the requirements of this chapter.
(1) Service brakes—adequacy. Every such vehicle and
combination of vehicles, except special mobile equipment as
defined in RCW 46.04.552, shall be equipped with service
brakes complying with the performance requirements of
RCW 46.37.351 and adequate to control the movement of
and to stop and hold such vehicle under all conditions of
loading, and on any grade incident to its operation.
(2) Parking brakes—adequacy. Every such vehicle and
combination of vehicles shall be equipped with parking
brakes adequate to hold the vehicle on any grade on which
it is operated, under all conditions of loading, on a surface
free from snow, ice, or loose material. The parking brakes
shall be capable of being applied in conformance with the
foregoing requirements by the driver’s muscular effort or by
spring action or by equivalent means. Their operation may
be assisted by the service brakes or other source of power
provided that failure of the service brake actuation system or
other power assisting mechanism will not prevent the
parking brakes from being applied in conformance with the
foregoing requirements. The parking brakes shall be so
designed that when once applied they shall remain applied
with the required effectiveness despite exhaustion of any
[Title 46 RCW—page 134]
source of energy or leakage of any kind. The same brake
drums, brake shoes and lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism
normally associated with the wheel brake assemblies may be
used for both the service brakes and the parking brakes. If
the means of applying the parking brakes and the service
brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle
without operative brakes.
(3) Brakes on all wheels. Every vehicle shall be
equipped with brakes acting on all wheels except:
(a) Trailers, semitrailers, or pole trailers of a gross
weight not exceeding three thousand pounds, provided that:
(i) The total weight on and including the wheels of the
trailer or trailers shall not exceed forty percent of the gross
weight of the towing vehicle when connected to the trailer
or trailers; and
(ii) The combination of vehicles consisting of the
towing vehicle and its total towed load, is capable of
complying with the performance requirements of RCW
46.37.351;
(b) Trailers, semitrailers, or pole trailers manufactured
and assembled prior to July 1, 1965, shall not be required to
be equipped with brakes when the total weight on and
including the wheels of the trailer or trailers does not exceed
two thousand pounds;
(c) Any vehicle being towed in driveaway or towaway
operations, provided the combination of vehicles is capable
of complying with the performance requirements of RCW
46.37.351;
(d) Trucks and truck tractors manufactured before July
25, 1980, and having three or more axles need not have
brakes on the front wheels, except that when such vehicles
are equipped with at least two steerable axles, the wheels of
one steerable axle need not have brakes. Trucks and truck
tractors manufactured on or after July 25, 1980, and having
three or more axles are required to have brakes on the front
wheels, except that when such vehicles are equipped with at
least two steerable axles, the wheels of one steerable axle
need not have brakes. Such trucks and truck tractors may be
equipped with an automatic device to reduce the front-wheel
braking effort by up to fifty percent of the normal braking
force, regardless of whether or not antilock system failure
has occurred on any axle, and:
(i) Must not be operable by the driver except upon
application of the control that activates the braking system;
and
(ii) Must not be operable when the pressure that
transmits brake control application force exceeds eighty-five
pounds per square inch (psi) on air-mechanical braking
systems, or eighty-five percent of the maximum system
pressure in vehicles utilizing other than compressed air.
All trucks and truck tractors having three or more axles
must be capable of complying with the performance requirements of RCW 46.37.351;
(e) Special mobile equipment as defined in RCW
46.04.552 and all vehicles designed primarily for offhighway use with braking systems which work within the
power train rather than directly at each wheel;
(f) Vehicles manufactured prior to January 1, 1930, may
have brakes operating on only two wheels.
(2002 Ed.)
Vehicle Lighting and Other Equipment
(g) For a forklift manufactured after January 1, 1970,
and being towed, wheels need not have brakes except for
those on the rearmost axle so long as such brakes, together
with the brakes on the towing vehicle, shall be adequate to
stop the combination within the stopping distance requirements of RCW 46.37.351.
(4) Automatic trailer brake application upon breakaway.
Every trailer, semitrailer, and pole trailer equipped with air
or vacuum actuated brakes and every trailer, semitrailer, and
pole trailer with a gross weight in excess of three thousand
pounds, manufactured or assembled after January 1, 1964,
shall be equipped with brakes acting on all wheels and of
such character as to be applied automatically and promptly,
and remain applied for at least fifteen minutes, upon breakaway from the towing vehicle.
(5) Tractor brakes protected. Every motor vehicle
manufactured or assembled after January 1, 1964, and used
to tow a trailer, semitrailer, or pole trailer equipped with
brakes, shall be equipped with means for providing that in
case of breakaway of the towed vehicle, the towing vehicle
will be capable of being stopped by the use of its service
brakes.
(6) Trailer air reservoirs safeguarded. Air brake systems
installed on trailers manufactured or assembled after January
1, 1964, shall be so designed that the supply reservoir used
to provide air for the brakes shall be safeguarded against
backflow of air from the reservoir through the supply line.
(7) Two means of emergency brake operation.
(a) Air brakes. After January 1, 1964, every towing
vehicle equipped with air controlled brakes, in other than
driveaway or towaway operations, and all other vehicles
equipped with air controlled brakes, shall be equipped with
two means for emergency application of the brakes. One of
these means shall apply the brakes automatically in the event
of a reduction of the vehicle’s air supply to a fixed pressure
which shall be not lower than twenty pounds per square inch
nor higher than forty-five pounds per square inch. The other
means shall be a manually controlled device for applying
and releasing the brakes, readily operable by a person seated
in the driving seat, and its emergency position or method of
operation shall be clearly indicated. In no instance may the
manual means be so arranged as to permit its use to prevent
operation of the automatic means. The automatic and the
manual means required by this section may be, but are not
required to be, separate.
(b) Vacuum brakes. After January 1, 1964, every
towing vehicle used to tow other vehicles equipped with
vacuum brakes, in operations other than driveaway or
towaway operations, shall have, in addition to the single
control device required by subsection (8) of this section, a
second control device which can be used to operate the
brakes on towed vehicles in emergencies. The second
control shall be independent of brake air, hydraulic, and
other pressure, and independent of other controls, unless the
braking system be so arranged that failure of the pressure
upon which the second control depends will cause the towed
vehicle brakes to be applied automatically. The second
control is not required to provide modulated braking.
(8) Single control to operate all brakes. After January
1, 1964, every motor vehicle, trailer, semitrailer, and pole
trailer, and every combination of such vehicles, equipped
with brakes shall have the braking system so arranged that
(2002 Ed.)
46.37.340
one control device can be used to operate all service brakes.
This requirement does not prohibit vehicles from being
equipped with an additional control device to be used to
operate brakes on the towed vehicles. This regulation does
not apply to driveaway or towaway operations unless the
brakes on the individual vehicles are designed to be operated
by a single control in the towing vehicle.
(9) Reservoir capacity and check valve.
(a) Air brakes. Every bus, truck, or truck tractor with
air operated brakes shall be equipped with at least one
reservoir sufficient to insure that, when fully charged to the
maximum pressure as regulated by the air compressor
governor cut-out setting, a full service brake application may
be made without lowering such reservoir pressure by more
than twenty percent. Each reservoir shall be provided with
means for readily draining accumulated oil or water.
(b) Vacuum brakes. After January 1, 1964, every truck
with three or more axles equipped with vacuum assistor type
brakes and every truck tractor and truck used for towing a
vehicle equipped with vacuum brakes shall be equipped with
a reserve capacity or a vacuum reservoir sufficient to insure
that, with the reserve capacity or reservoir fully charged and
with the engine stopped, a full service brake application may
be made without depleting the vacuum supply by more than
forty percent.
(c) Reservoir safeguarded. All motor vehicles, trailers,
semitrailers, and pole trailers, when equipped with air or
vacuum reservoirs or reserve capacity as required by this
section, shall have such reservoirs or reserve capacity so
safeguarded by a check valve or equivalent device that in the
event of failure or leakage in its connection to the source of
compressed air or vacuum, the stored air or vacuum shall not
be depleted by the leak or failure.
(10) Warning devices.
(a) Air brakes. Every bus, truck, or truck tractor using
compressed air for the operation of its own brakes or the
brakes on any towed vehicle, shall be provided with a
warning signal, other than a pressure gauge, readily audible
or visible to the driver, which will operate at any time the
primary supply air reservoir pressure of the vehicle is below
fifty percent of the air compressor governor cut-out pressure.
In addition, each such vehicle shall be equipped with a
pressure gauge visible to the driver, which indicates in
pounds per square inch the pressure available for braking.
(b) Vacuum brakes. After January 1, 1964, every truck
tractor and truck used for towing a vehicle equipped with
vacuum operated brakes and every truck with three or more
axles using vacuum in the operation of its brakes, except
those in driveaway or towaway operations, shall be equipped
with a warning signal, other than a gauge indicating vacuum,
readily audible or visible to the driver, which will operate at
any time the vacuum in the vehicle’s supply reservoir or
reserve capacity is less than eight inches of mercury.
(c) Combination of warning devices. When a vehicle
required to be equipped with a warning device is equipped
with both air and vacuum power for the operation of its own
brakes or the brakes on a towed vehicle, the warning devices
may be, but are not required to be, combined into a single
device which will serve both purposes. A gauge or gauges
indicating pressure or vacuum shall not be deemed to be an
adequate means of satisfying this requirement. [1989 c 221
§ 1; 1979 c 11 § 1. Prior: 1977 ex.s. c 355 § 27; 1977
[Title 46 RCW—page 135]
46.37.340
Title 46 RCW: Motor Vehicles
ex.s. c 148 § 2; 1965 ex.s. c 170 § 49; 1963 c 154 § 21;
1961 c 12 § 46.37.340; prior: 1955 c 269 § 34; prior: 1937
c 189 § 34, part; RRS § 6360-34, part; RCW 46.36.020,
46.36.030, part; 1929 c 180 § 6; 1927 c 309 § 16; 1923 c
181 § 5; 1921 c 96 § 23; 1915 c 142 § 22; RRS § 6362-16.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.351 Performance ability of brakes. Every
motor vehicle and combination of vehicles, at all times and
under all conditions of loading, upon application of the
service brakes, shall be capable of:
(1) Developing a braking force that is not less than the
percentage of its gross weight tabulated herein for its
classification,
(2) Decelerating to a stop from not more than twenty
miles per hour at not less than the feet per second per
second tabulated herein for its classification, and
(3) Stopping from a speed of twenty miles per hour in
not more than the distance tabulated herein for its classification, such distance to be measured from the point at which
movement of the service brake pedal or control begins.
Tests for deceleration and stopping distance shall be
made on a substantially level (not to exceed plus or minus
one percent grade), dry, smooth, hard surface that is free
from loose material.
Classification
of vehicles
A
B-1
B-2
C-1
C-2
52.8%
17
25
43.5%
14
30
43.5%
14
30
43.5%
14
40
43.5%
14
40
Braking
force
as a
percentage of gross
vehicle or
combination
weight
Passenger vehicles with
a seating capacity of
10 people or less
including driver, not
having a manufacturer’s
gross vehicle weight
rating . . . . . . . . . . . . .
All motorcycles and
motor-driven cycles . . .
Single unit vehicles
with a manufacturer’s
gross vehicle weight
rating of 10,000
pounds or less . . . . . . .
Single unit vehicles
with a manufacturer’s
gross weight rating of
more than 10,000
pounds . . . . . . . . . . . .
Combinations of a
two-axle towing vehicle
and a trailer with a
gross trailer weight of
3,000 pounds or less . .
[Title 46 RCW—page 136]
Deceleration in
feet per
second
per
second
Brake
system
application
and
braking
distance
in feet
from an
initial
speed of
20 m.p.h.
C-3 Buses, regardless of the
number of axles, not
having a manufacturer’s
gross weight rating . . . 43.5%
C-4 All combinations of
vehicles in driveawaytowaway operations . . . 43.5%
D All other vehicles and
combinations of
vehicles . . . . . . . . . . . 43.5%
14
40
14
40
14
50
[1963 c 154 § 22.]
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.360 Maintenance of brakes—Brake system
failure indicator. (1) All brakes shall be maintained in
good working order and shall be so adjusted as to operate as
equally as practicable with respect to the front and back
wheels and to wheels on opposite sides of the vehicle.
(2) All passenger cars manufactured on or after January
1, 1968, and other types of vehicles manufactured on or after
September 1, 1975, shall be equipped with brake system
failure indicator lamps which shall be maintained in good
working order. The brake system shall demonstrate good
working order and integrity by the application of a force of
one hundred twenty-five pounds to the brake pedal for ten
seconds without the occurrence of any of the following:
(i) Illumination of the brake system failure indicator
lamp;
(ii) A decrease of more than eighty percent of service
brake pedal height as measured from its free position to the
floorboard or any other object which restricts service brake
pedal travel;
(iii) Failure of any hydraulic line or other part.
(3) Brake hoses shall not be mounted so as to contact
the vehicle body or chassis. In addition, brake hoses shall
not be cracked, chafed, flattened, abraded, or visibly leaking.
Protection devices such as "rub rings" shall not be considered part of the hose or tubing.
(4) Disc and drum condition. If the drum is embossed
with a maximum safe diameter dimension or the rotor is
embossed with a minimum safety thickness dimension, the
drum or disc shall be within the appropriate specifications.
These dimensions will be found on motor vehicles manufactured since January 1, 1971, and may be found on vehicles
manufactured for several years prior to that time. If the
drums and discs are not embossed, the drums and discs shall
be within the manufacturer’s specifications.
(5) Friction materials. On each brake the thickness of
the lining or pad shall not be less than one thirty-second of
an inch over the rivet heads, or the brake shoe on bonded
linings or pads. Brake linings and pads shall not have
cracks or breaks that extend to rivet holes except minor
cracks that do not impair attachment. Drum brake linings
shall be securely attached to brake shoes. Disc brake pads
shall be securely attached to shoe plates.
(6) Backing plates and caliper assemblies shall not be
deformed or cracked. System parts shall not be broken,
misaligned, missing, binding, or show evidence of severe
wear. Automatic adjusters and other parts shall be assembled and installed correctly. [1977 ex.s. c 355 § 28; 1961 c
12 § 46.37.360. Prior: 1955 c 269 § 36; prior: 1951 c 56
(2002 Ed.)
Vehicle Lighting and Other Equipment
§ 2, part; 1937 c 189 § 34, part; RRS § 6360-34, part; RCW
46.36.020, 46.36.030, part; 1929 c 180 § 6; 1927 c 309 § 16;
1923 c 181 § 5; 1921 c 96 § 23; 1915 c 142 § 22; RRS §
6362-16.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.365 Hydraulic brake fluid—Defined—
Standards and specifications. (1) The term "hydraulic
brake fluid" as used in this section shall mean the liquid
medium through which force is transmitted to the brakes in
the hydraulic brake system of a vehicle.
(2) Hydraulic brake fluid shall be distributed and
serviced with due regard for the safety of the occupants of
the vehicle and the public.
(3) The chief of the Washington state patrol shall, in
compliance with the provisions of chapter 34.05 RCW, the
administrative procedure act, which govern the adoption of
rules, adopt and enforce regulations for the administration of
this section and shall adopt and publish standards and
specifications for hydraulic brake fluid which shall correlate
with, and so far as practicable conform to, the then current
standards and specifications of the society of automotive
engineers applicable to such fluid.
(4) No person shall distribute, have for sale, offer for
sale, or sell any hydraulic brake fluid unless it complies with
the requirements of this section and the standard specifications adopted by the state patrol. No person shall service
any vehicle with brake fluid unless it complies with the
requirements of this section and the standards and specifications adopted by the state patrol.
(5) Subsections (3) and (4) of this section shall not
apply to petroleum base fluids in vehicles with brake
systems designed to use them. [1987 c 330 § 719; 1977
ex.s. c 355 § 29; 1963 c 154 § 24.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.369 Wheels and front suspension. (1) No
vehicle shall be equipped with wheel nuts, hub caps, or
wheel discs extending outside the body of the vehicle when
viewed from directly above which:
(a) Incorporate winged projections; or
(b) Constitute a hazard to pedestrians and cyclists.
For the purposes of this section, a wheel nut is defined as an
exposed nut which is mounted at the center or hub of a
wheel, and is not one of the ordinary hexagonal nuts which
secure a wheel to an axle and are normally covered by a hub
cap or wheel disc.
(2) Tire rims and wheel discs shall have no visible
cracks, elongated bolt holes, or indications of repair by
welding. In addition, the lateral and radial runout of each
rim bead area shall not exceed one-eighth of an inch of total
indicated runout.
(3) King pins or ball joints shall not be worn to the
extent that front wheels tip in or out more than one-quarter
of an inch at the lower edge of the tire. [1977 ex.s. c 355
§ 30.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Lowering vehicle below legal clearance: RCW 46.61.680.
(2002 Ed.)
46.37.360
46.37.375 Steering and suspension systems. (1)
Construction of steering control system. The steering control
system shall be constructed and maintained so that no
components or attachments, including horn activating
mechanism and trim hardware, can catch the driver’s
clothing or jewelry during normal driving maneuvers.
(2) Maintenance of steering control system. System
play, lash, or free play in the steering system shall not
exceed the values tabulated herein.
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(inches)
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... 2
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(3) Linkage play. Free play in the steering linkage shall
not exceed one-quarter of an inch.
(4) Other components of the steering system such as the
power steering belt, tie rods, or idler arms or Pitman arms
shall not be broken, worn out, or show signs of breakage.
(5) Suspension condition. Ball joint seals shall not be
cut or cracked. Structural parts shall not be bent or damaged. Stabilizer bars shall be connected. Springs shall not
be broken, or extended by spacers. Shock absorber mountings, shackles, and U-bolts shall be securely attached.
Rubber bushings shall not be cracked, or extruded out or
missing from suspension joints. Radius rods shall not be
missing or damaged.
(6) Shock absorber system. Shock absorbers shall not
be loose from mountings, leak, or be inoperative.
(7) Alignment. Toe-in and toe-out measurements shall
not be greater than one and one-half times the value listed in
the vehicle manufacturer’s service specification for alignment
setting. [1977 ex.s. c 355 § 31.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Lowering vehicle below legal clearance: RCW 46.61.680.
46.37.380 Horns, warning devices, and theft alarms.
(1) Every motor vehicle when operated upon a highway shall
be equipped with a horn in good working order and capable
of emitting sound audible under normal conditions from a
distance of not less than two hundred feet, but no horn or
other warning device may emit an unreasonably loud or
harsh sound or a whistle. The driver of a motor vehicle
shall when reasonably necessary to insure safe operation give
audible warning with his horn but shall not otherwise use
such horn when upon a highway.
(2) No vehicle may be equipped with nor may any
person use upon a vehicle any siren, whistle, or bell, except
as otherwise permitted in this section.
(3) It is permissible for any vehicle to be equipped with
a theft alarm signal device so long as it is so arranged that
it cannot be used by the driver as an ordinary warning
signal. Such a theft alarm signal device may use a whistle,
bell, horn, or other audible signal but shall not use a siren.
(4) Any authorized emergency vehicle may be equipped
with a siren, whistle, or bell capable of emitting sound
audible under normal conditions from a distance of not less
than five hundred feet and of a type conforming to rules
adopted by the state patrol, but the siren shall not be used
[Title 46 RCW—page 137]
46.37.380
Title 46 RCW: Motor Vehicles
except when the vehicle is operated in response to an
emergency call or in the immediate pursuit of an actual or
suspected violator of the law, in which latter events the
driver of the vehicle shall sound the siren when reasonably
necessary to warn pedestrians and other drivers of its
approach. [1987 c 330 § 720; 1986 c 113 § 3; 1977 ex.s. c
355 § 32; 1961 c 12 § 46.37.380. Prior: 1955 c 269 § 38;
prior: 1937 c 189 § 35; RRS § 6360-35; RCW 46.36.040.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Motorcycles and motor-driven cycles—Additional requirements and
limitations: RCW 46.37.539.
46.37.390 Mufflers, prevention of noise—Smoke
and air contaminants—Standards—Definitions. (1) Every
motor vehicle shall at all times be equipped with a muffler
in good working order and in constant operation to prevent
excessive or unusual noise, and no person shall use a muffler
cut-out, bypass, or similar device upon a motor vehicle on a
highway.
(2)(a) No motor vehicle first sold and registered as a
new motor vehicle on or after January 1, 1971, shall discharge into the atmosphere at elevations of less than three
thousand feet any air contaminant for a period of more than
ten seconds which is:
(i) As dark as or darker than the shade designated as
No. 1 on the Ringelmann chart, as published by the United
States bureau of mines; or
(ii) Of such opacity as to obscure an observer’s view to
a degree equal to or greater than does smoke described in
subsection (a)(i) above.
(b) No motor vehicle first sold and registered prior to
January 1, 1971, shall discharge into the atmosphere at
elevations of less than three thousand feet any air contaminant for a period of more than ten seconds which is:
(i) As dark as or darker than the shade designated as
No. 2 on the Ringelmann chart, as published by the United
States bureau of mines; or
(ii) Of such opacity as to obscure an observer’s view to
a degree equal to or greater than does smoke described in
subsection (b)(i) above.
(c) For the purposes of this subsection the following
definitions shall apply:
(i) "Opacity" means the degree to which an emission
reduces the transmission of light and obscures the view of an
object in the background;
(ii) "Ringelmann chart" means the Ringelmann smoke
chart with instructions for use as published by the United
States bureau of mines in May 1967 and as thereafter
amended, information circular 7718.
(3) No person shall modify the exhaust system of a
motor vehicle in a manner which will amplify or increase the
noise emitted by the engine of such vehicle above that
emitted by the muffler originally installed on the vehicle, and
it shall be unlawful for any person to operate a motor
vehicle not equipped as required by this subsection, or which
has been amplified as prohibited by this subsection so that
the vehicle’s exhaust noise exceeds ninety-five decibels as
measured by the Society of Automotive Engineers (SAE) test
procedure J1169 (May, 1998). It is not a violation of this
subsection unless proven by proper authorities that the
[Title 46 RCW—page 138]
exhaust system modification results in noise amplification in
excess of ninety-five decibels under the prescribed SAE test
standard. A court may dismiss an infraction notice for a
violation of this subsection if there is reasonable grounds to
believe that the vehicle was not operated in violation of this
subsection.
This subsection (3) does not apply to vehicles twentyfive or more years old or to passenger vehicles being
operated off the highways in an organized racing or competitive event conducted by a recognized sanctioning body.
[2001 c 293 § 1; 1977 ex.s. c 355 § 33; 1972 ex.s. c 135 §
1; 1967 c 232 § 3; 1961 c 12 § 46.37.390. Prior: 1955 c
269 § 39; prior: 1937 c 189 § 36; RRS § 6360-36; RCW
46.36.050; 1927 c 309 § 17; 1921 c 96 § 21; 1915 c 142 §
20; RRS § 6362-17.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Motorcycles and motor-driven cycles—Additional requirements and
limitations: RCW 46.37.539.
46.37.400 Mirrors, backup devices. (1) Every motor
vehicle shall be equipped with a mirror mounted on the left
side of the vehicle and so located to reflect to the driver a
view of the highway for a distance of at least two hundred
feet to the rear of such vehicle.
(2) Every motor vehicle shall be equipped with an
additional mirror mounted either inside the vehicle approximately in the center or outside the vehicle on the right side
and so located as to reflect to the driver a view of the
highway for a distance of at least two hundred feet to the
rear of such vehicle.
(3) Every truck registered or based in Washington that
is equipped with a cube-style, walk-in cargo box up to
eighteen feet long used in the commercial delivery of goods
and services must be equipped with a rear crossview mirror
or backup device to alert the driver that a person or object
is behind the truck.
(4) All mirrors and backup devices required by this
section shall be maintained in good condition. Rear
crossview mirrors and backup devices will be of a type
approved by the Washington state patrol. [1998 c 2 § 1;
1977 ex.s. c 355 § 34; 1963 c 154 § 25; 1961 c 12 §
46.37.400. Prior: 1955 c 269 § 40; prior: 1937 c 189 § 37;
RRS § 6360-37; RCW 46.36.060.]
Effective date—1998 c 2: "This act takes effect September 30,
1998." [1998 c 2 § 2.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
Motorcycles and motor-driven cycles—Additional requirements and
limitations: RCW 46.37.539.
46.37.410 Windshields required, exception—Must
be unobstructed and equipped with wipers. (1) All motor
vehicles operated on the public highways of this state shall
be equipped with a front windshield manufactured of safety
glazing materials for use in motor vehicles in accordance
with RCW 46.37.430, except, however, on such vehicles not
so equipped or where windshields are not in use, the
operators of such vehicles shall wear glasses, goggles, or
face shields pursuant to RCW 46.37.530(1)(b).
(2002 Ed.)
Vehicle Lighting and Other Equipment
(2) No person shall drive any motor vehicle with any
sign, poster, or other nontransparent material upon the front
windshield, side wings, or side or rear windows of such
vehicle which obstructs the driver’s clear view of the
highway or any intersecting highway.
(3) The windshield on every motor vehicle shall be
equipped with a device for cleaning rain, snow, or other
moisture from the windshield, which device shall be so
constructed as to be controlled or operated by the driver of
the vehicle. After January 1, 1938, it shall be unlawful for
any person to operate a new motor vehicle first sold or
delivered after that date which is not equipped with such
device or devices in good working order capable of cleaning
the windshield thereof over two separate arcs, one each on
the left and right side of the windshield, each capable of
cleaning a surface of not less than one hundred twenty
square inches, or other device or devices capable of accomplishing substantially the same result.
(4) Every windshield wiper upon a motor vehicle shall
be maintained in good working order. [1977 ex.s. c 355 §
35; 1961 c 12 § 46.37.410. Prior: 1955 c 269 § 41; prior:
(i) 1937 c 189 § 38; RRS § 6360-38; RCW 46.36.070. (ii)
1937 c 189 § 39; RRS § 6360-39; RCW 46.36.080.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.420 Tires—Restrictions. (1) It is unlawful to
operate a vehicle upon the public highways of this state
unless it is completely equipped with pneumatic rubber tires
except vehicles equipped with temporary-use spare tires that
meet federal standards that are installed and used in accordance with the manufacturer’s instructions.
(2) No tire on a vehicle moved on a highway may have
on its periphery any block, flange, cleat, or spike or any
other protuberance of any material other than rubber which
projects beyond the tread of the traction surface of the tire,
except that it is permissible to use farm machinery equipped
with pneumatic tires or solid rubber tracks having protuberances that will not injure the highway, and except also that
it is permissible to use tire chains or metal studs imbedded
within the tire of reasonable proportions and of a type
conforming to rules adopted by the state patrol, upon any
vehicle when required for safety because of snow, ice, or
other conditions tending to cause a vehicle to skid. It is
unlawful to use metal studs imbedded within the tire
between April 1st and November 1st. The state department
of transportation may, from time to time, determine additional periods in which the use of tires with metal studs imbedded therein is lawful.
(3) The state department of transportation and local
authorities in their respective jurisdictions may issue special
permits authorizing the operation upon a highway of traction
engines or tractors having movable tracks with transverse
corrugations upon the periphery of the movable tracks or
farm tractors or other farm machinery, the operation of
which upon a highway would otherwise be prohibited under
this section.
(4) Tires with metal studs imbedded therein may be
used between November 1st and April 1st upon school buses
and fire department vehicles, any law or regulation to the
contrary notwithstanding. [1999 c 208 § 1; 1990 c 105 § 1;
1987 c 330 § 721; 1986 c 113 § 4; 1984 c 7 § 50; 1971
(2002 Ed.)
46.37.410
ex.s. c 32 § 1; 1969 ex.s. c 7 § 1; 1961 c 12 § 46.37.420.
Prior: 1955 c 269 § 42; prior: (i) 1937 c 189 § 41; RRS §
6360-41; RCW 46.36.100. (ii) 1937 c 189 § 42; RRS §
6360-42; RCW 46.36.120; 1929 c 180 § 7; 1927 c 309 § 46;
RRS § 6362-46.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1984 c 7: See note following RCW 47.01.141.
Dangerous road conditions requiring special tires, chains, metal studs:
RCW 47.36.250.
Motorcycles and motor-driven cycles—Additional requirements and
limitations: RCW 46.37.539.
46.37.4215 Lightweight studs—Certification by
sellers. Beginning January 1, 2000, a person offering to sell
to a tire dealer conducting business in the state of Washington, a metal flange or cleat intended for installation as a stud
in a vehicle tire shall certify that the studs are lightweight
studs as defined in RCW 46.04.272. Certification must be
accomplished by clearly marking the boxes or containers
used to ship and store studs with the designation "lightweight." This section does not apply to tires or studs in a
wholesaler’s existing inventory as of January 1, 2000. [1999
c 219 § 2.]
46.37.4216 Lightweight studs—Sale of tires containing. Beginning July 1, 2001, a person may not sell a
studded tire or sell a stud for installation in a tire unless the
stud qualifies as a lightweight stud under RCW 46.04.272.
[1999 c 219 § 3.]
46.37.423 Pneumatic passenger car tires—
Standards—Exception for off-highway use—Penalty. No
person, firm, or corporation shall sell or offer for sale for
use on the public highways of this state any new pneumatic
passenger car tire which does not meet the standards
established by federal motor vehicle safety standard No. 109,
as promulgated by the United States department of transportation under authority of the National Traffic and Motor
Vehicle Safety Act of 1966 (80 Stat. 719, 728; 15 U.S.C.
1392, 1407).
The applicable standard shall be the version of standard
No. 109 in effect at the time of manufacture of the tire.
It is a traffic infraction for any person, firm, or corporation to sell or offer for sale any new pneumatic passenger
car tire which does not meet the standards prescribed in this
section unless such tires are sold for off-highway use, as
evidenced by a statement signed by the purchaser at the time
of sale certifying that he is not purchasing such tires for use
on the public highways of this state. [1979 ex.s. c 136 § 71;
1971 c 77 § 1.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.37.424 Regrooved tires—Standards—Exception
for off-highway use—Penalty. No person, firm, or corporation shall sell or offer for sale any regrooved tire or shall
regroove any tire for use on the public highways of this state
which does not meet the standard established by federal
motor vehicle standard part 569—regrooved tires, as promulgated by the United States department of transportation
[Title 46 RCW—page 139]
46.37.424
Title 46 RCW: Motor Vehicles
under authority of the National Traffic and Motor Vehicle
Safety Act of 1966 (80 Stat. 719, 728; 15 U.S.C. 1392,
1407).
The applicable standard shall be the version of the
federal regrooved tire standard in effect at the time of
regrooving.
It is a traffic infraction for any person, firm, or corporation to sell or offer for sale any regrooved tire or shall
regroove any tire which does not meet the standards prescribed in this section unless such tires are sold or regrooved
for off-highway use, as evidenced by a statement signed by
the purchaser or regroover at the time of sale or regrooving
certifying that he is not purchasing or regrooving such tires
for use on the public highways of this state. [1979 ex.s. c
136 § 72; 1977 ex.s. c 355 § 36; 1971 c 77 § 2.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.425 Tires—Unsafe—State patrol’s authority—
Penalty. No person shall drive or move or cause to be
driven or moved any vehicle, the tires of which have contact
with the driving surface of the road, subject to registration
in this state, upon the public highways of this state unless
such vehicle is equipped with tires in safe operating condition in accordance with requirements established by this
section or by the state patrol.
The state patrol shall promulgate rules and regulations
setting forth requirements of safe operating condition of tires
capable of being employed by a law enforcement officer by
visual inspection of tires mounted on vehicles including
visual comparison with simple measuring gauges. These
rules shall include effects of tread wear and depth of tread.
A tire shall be considered unsafe if it has:
(1) Any ply or cord exposed either to the naked eye or
when cuts or abrasions on the tire are probed; or
(2) Any bump, bulge, or knot, affecting the tire structure; or
(3) Any break repaired with a boot; or
(4) A tread depth of less than 2/32 of an inch measured
in any two major tread grooves at three locations equally
spaced around the circumference of the tire, or for those tires
with tread wear indicators, a tire shall be considered unsafe
if it is worn to the point that the tread wear indicators
contact the road in any two major tread grooves at three
locations equally spaced around the circumference of the
tire; or
(5) A legend which indicates the tire is not intended for
use on public highways such as, "not for highway use" or
"for racing purposes only"; or
(6) Such condition as may be reasonably demonstrated
to render it unsafe; or
(7) If not matched in tire size designation, construction,
and profile to the other tire and/or tires on the same axle,
except for temporary-use spare tires that meet federal
standards that are installed and used in accordance with the
manufacturer’s instructions.
No person, firm, or corporation shall sell any vehicle for
use on the public highways of this state unless the vehicle is
equipped with tires that are in compliance with the provisions of this section. If the tires are found to be in violation
[Title 46 RCW—page 140]
of the provisions of this section, the person, firm, or corporation selling the vehicle shall cause such tires to be
removed from the vehicle and shall equip the vehicle with
tires that are in compliance with the provisions of this
section.
It is a traffic infraction for any person to operate a
vehicle on the public highways of this state, or to sell a
vehicle for use on the public highways of this state, which
is equipped with a tire or tires in violation of the provisions
of this section or the rules and regulations promulgated by
the state patrol hereunder: PROVIDED, HOWEVER, That
if the violation relates to items (1) to (7) inclusive of this
section then the condition or defect must be such that it can
be detected by a visual inspection of tires mounted on
vehicles, including visual comparison with simple measuring
gauges. [1990 c 105 § 2; 1987 c 330 § 722; 1979 ex.s. c
136 § 73; 1977 ex.s. c 355 § 37; 1971 c 77 § 3.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1971 c 77: "The provisions of RCW 46.37.425 shall
have an effective date of January 1, 1972, but the state commission on
equipment shall have the authority to proceed with the promulgation of the
rules and regulations provided for in RCW 46.37.425 so the rules and
regulations may have an effective date of January 1, 1972." [1971 c 77 §
4.]
46.37.430 Safety glazing—Sunscreening or coloring.
(1) No person may sell any new motor vehicle as specified
in this title, nor may any new motor vehicle as specified in
this title be registered unless such vehicle is equipped with
safety glazing material of a type that meets or exceeds
federal standards, or if there are none, standards approved by
the Washington state patrol. The foregoing provisions apply
to all passenger-type motor vehicles, including passenger
buses and school buses, but in respect to trucks, including
truck tractors, the requirements as to safety glazing material
apply to all glazing material used in doors, windows, and
windshields in the drivers’ compartments of such vehicles
except as provided by subsection (4) of this section.
(2) The term "safety glazing materials" means glazing
materials so constructed, treated, or combined with other
materials as to reduce substantially, in comparison with
ordinary sheet glass or plate glass, the likelihood of injury to
persons by objects from exterior sources or by these safety
glazing materials when they may be cracked or broken.
(3) The director of licensing shall not register any motor
vehicle which is subject to the provisions of this section
unless it is equipped with an approved type of safety glazing
material, and he or she shall suspend the registration of any
motor vehicle so subject to this section which the director
finds is not so equipped until it is made to conform to the
requirements of this section.
(4) No person may sell or offer for sale, nor may any
person operate a motor vehicle registered in this state which
is equipped with, any camper manufactured after May 23,
1969, unless such camper is equipped with safety glazing
material of a type conforming to rules adopted by the state
patrol wherever glazing materials are used in outside
windows and doors.
(2002 Ed.)
Vehicle Lighting and Other Equipment
(5) No film sunscreening or coloring material that
reduces light transmittance to any degree may be applied to
the surface of the safety glazing material in a motor vehicle
unless it meets the following standards for such material:
(a) The maximum level of film sunscreening material to
be applied to any window, except the windshield, shall have
a total reflectance of thirty-five percent or less, plus or
minus three percent, and a light transmission of thirty-five
percent or more, plus or minus three percent, when measured
against clear glass resulting in a minimum of twenty-four
percent light transmission on AS-2 glazing where the vehicle
is equipped with outside rearview mirrors on both the right
and left. Installation of more than a single sheet of film
sunscreening material to any window is prohibited. The
same maximum levels of film sunscreen material may be
applied to windows to the immediate right and left of the
driver on limousines and passenger buses used to transport
persons for compensation and vehicles identified by the
manufacturer as multi-use, multipurpose, or other similar
designation. All windows to the rear of the driver on such
vehicles may have film sunscreening material applied that
has less than thirty-five percent light transmittance, if the
light reflectance is thirty-five percent or less and the vehicle
is equipped with outside rearview mirrors on both the right
and left. A person or business tinting windows for profit
who tints windows within restricted areas of the glazing
system shall supply a sticker to be affixed to the driver’s
door post, in the area adjacent to the manufacturer’s identification tag. Installation of this sticker certifies that the
glazing application meets this chapter’s standards for light
transmission, reflectance, and placement requirements.
Stickers must be no smaller than three-quarters of an inch by
one and one-half inches, and no larger than two inches by
two and one-half inches. The stickers must be of sufficient
quality to endure exposure to harsh climate conditions. The
business name and state tax identification number of the
installer must be clearly visible on the sticker.
(b) A greater degree of light reduction is permitted on
all windows and the top six inches of windshields of a
vehicle operated by or carrying as a passenger a person who
possesses a written verification from a licensed physician
that the operator or passenger must be protected from
exposure to sunlight for physical or medical reasons.
(c) Windshield application. A greater degree of light
reduction is permitted on the top six-inch area of a vehicle’s
windshield. Clear film sunscreening material that reduces or
eliminates ultraviolet light may be applied to windshields.
(d) When film sunscreening material is applied to any
window except the windshield, outside mirrors on both the
left and right sides shall be located so as to reflect to the
driver a view of the roadway, through each mirror, a
distance of at least two hundred feet to the rear of the
vehicle.
(e) The following types of film sunscreening material
are not permitted:
(i) Mirror finish products;
(ii) Red, gold, yellow, or black material; or
(iii) Film sunscreening material that is in liquid preapplication form and brushed or sprayed on.
Nothing in this section prohibits the use of shaded or
heat-absorbing safety glazing material in which the shading
or heat-absorbing characteristics have been applied at the
(2002 Ed.)
46.37.430
time of manufacture of the safety glazing material and which
meet federal standards and the standards of the state patrol
for such safety glazing materials.
(6) It is a traffic infraction for any person to operate a
vehicle for use on the public highways of this state, if the
vehicle is equipped with film sunscreening or coloring
material in violation of this section.
(7) Owners of vehicles with film sunscreening material
applied to windows to the rear of the driver, prior to June 7,
1990, must comply with the requirements of this section and
RCW 46.37.435 by July 1, 1993. [1993 c 384 § 1; 1990 c
95 § 1; 1989 c 210 § 1; 1987 c 330 § 723; 1986 c 113 § 5;
1985 c 304 § 1; 1979 c 158 § 157; 1969 ex.s. c 281 § 47;
1961 c 12 § 46.37.430. Prior: 1955 c 269 § 43; prior:
1947 c 220 § 1; 1937 c 189 § 40; Rem. Supp. 1947 § 636040; RCW 46.36.090.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
46.37.435 Sunscreening, unlawful installation,
penalty. From June 7, 1990, a person who installs safety
glazing or film sunscreening material in violation of RCW
46.37.430 is guilty of unlawful installation of safety glazing
or film sunscreening materials. Unlawful installation is a
misdemeanor. [1990 c 95 § 2.]
46.37.440 Flares or other warning devices required
on certain vehicles. (1) No person may operate any motor
truck, passenger bus, truck tractor, motor home, or travel
trailer over eighty inches in overall width upon any highway
outside the corporate limits of municipalities at any time
unless there is carried in such vehicle the following equipment except as provided in subsection (2) of this section:
(a) At least three flares or three red electric lanterns or
three portable red emergency reflectors, each of which shall
be capable of being seen and distinguished at a distance of
not less than six hundred feet under normal atmospheric
conditions at nighttime.
No flare, fusee, electric lantern, or cloth warning flag
may be used for the purpose of compliance with this section
unless such equipment is of a type which has been submitted
to the state patrol and conforms to rules adopted by it. No
portable reflector unit may be used for the purpose of
compliance with the requirements of this section unless it is
so designed and constructed as to be capable of reflecting
red light clearly visible from all distances within six hundred
feet to one hundred feet under normal atmospheric conditions at night when directly in front of lawful upper beams
of head lamps, and unless it is of a type which has been
submitted to the state patrol and conforms to rules adopted
by it;
(b) At least three red-burning fusees unless red electric
lanterns or red portable emergency reflectors are carried;
(c) At least two red-cloth flags, not less than twelve
inches square, with standards to support such flags.
(2) No person may operate at the time and under
conditions stated in subsection (1) of this section any motor
vehicle used for the transportation of explosives, any cargo
tank truck used for the transportation of flammable liquids
or compressed gases or liquefied gases, or any motor vehicle
using compressed gas as a fuel unless there is carried in such
[Title 46 RCW—page 141]
46.37.440
Title 46 RCW: Motor Vehicles
vehicle three red electric lanterns or three portable red
emergency reflectors meeting the requirements of subsection
(1) of this section, and there shall not be carried in any said
vehicle any flares, fusees, or signal produced by flame.
[1987 c 330 § 724; 1986 c 113 § 6; 1977 ex.s. c 355 § 38;
1971 ex.s. c 97 § 1; 1961 c 12 § 46.37.440. Prior: 1955 c
269 § 44; prior: 1947 c 267 § 7, part; Rem. Supp. 1947 §
6360-32a, part; RCW 46.40.210, part.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.450 Disabled vehicle—Display of warning
devices. (1) Whenever any motor truck, passenger bus,
truck tractor over eighty inches in overall width, trailer,
semitrailer, or pole trailer is disabled upon the traveled
portion of any highway or the shoulder thereof outside any
municipality at any time when lighted lamps are required on
vehicles, the driver of such vehicle shall display the following warning devices upon the highway during the time the
vehicle is so disabled on the highway except as provided in
subsection (2) of this section:
(a) A lighted fusee, a lighted red electric lantern, or a
portable red emergency reflector shall be immediately placed
at the traffic side of the vehicle in the direction of the
nearest approaching traffic.
(b) As soon thereafter as possible but in any event
within the burning period of the fusee (fifteen minutes), the
driver shall place three liquid-burning flares (pot torches),
three lighted red electric lanterns, or three portable red
emergency reflectors on the traveled portion of the highway
in the following order:
(i) One, approximately one hundred feet from the
disabled vehicle in the center of the lane occupied by such
vehicle and toward traffic approaching in that lane.
(ii) One, approximately one hundred feet in the opposite
direction from the disabled vehicle and in the center of the
traffic lane occupied by such vehicle.
(iii) One at the traffic side of the disabled vehicle not
less than ten feet rearward or forward thereof in the direction
of the nearest approaching traffic. If a lighted red electric
lantern or a red portable emergency reflector has been placed
at the traffic side of the vehicle in accordance with subdivision (a) of this subsection, it may be used for this purpose.
(2) Whenever any vehicle referred to in this section is
disabled within five hundred feet of a curve, hillcrest, or
other obstruction to view, the warning signal in that direction
shall be so placed as to afford ample warning to other users
of the highway, but in no case less than five hundred feet
from the disabled vehicle.
(3) Whenever any vehicle of a type referred to in this
section is disabled upon any roadway of a divided highway
during the time that lights are required, the appropriate
warning devices prescribed in subsections (1) and (5) of this
section shall be placed as follows:
One at a distance of approximately two hundred feet
from the vehicle in the center of the lane occupied by the
stopped vehicle and in the direction of traffic approaching in
that lane; one at a distance of approximately one hundred
feet from the vehicle, in the center of the lane occupied by
the vehicle and in the direction of traffic approaching in that
[Title 46 RCW—page 142]
lane; and one at the traffic side of the vehicle and approximately ten feet from the vehicle in the direction of the
nearest approaching traffic.
(4) Whenever any vehicle of a type referred to in this
section is disabled upon the traveled portion of a highway or
the shoulder thereof outside any municipality at any time
when the display of fusees, flares, red electric lanterns, or
portable red emergency reflectors is not required, the driver
of the vehicle shall display two red flags upon the roadway
in the lane of traffic occupied by the disabled vehicle, one
at a distance of approximately one hundred feet in advance
of the vehicle, and one at a distance of approximately one
hundred feet to the rear of the vehicle.
(5) Whenever any motor vehicle used in the transportation of explosives or any cargo tank truck used for the
transportation of any flammable liquid or compressed
flammable gas, or any motor vehicle using compressed gas
as a fuel, is disabled upon a highway of this state at any
time or place mentioned in subsection (1) of this section, the
driver of such vehicle shall immediately display the following warning devices: One red electric lantern or portable
red emergency reflector placed on the roadway at the traffic
side of the vehicle, and two red electric lanterns or portable
red reflectors, one placed approximately one hundred feet to
the front and one placed approximately one hundred feet to
the rear of this disabled vehicle in the center of the traffic
lane occupied by such vehicle. Flares, fusees, or signals
produced by flame shall not be used as warning devices for
disabled vehicles of the type mentioned in this subsection.
(6) Whenever any vehicle, other than those described in
subsection (1) of this section, is disabled upon the traveled
portion of any highway or shoulder thereof outside any
municipality, the state patrol or the county sheriff shall, upon
discovery of the disabled vehicle, place a reflectorized
warning device on the vehicle. The warning device and its
placement shall be in accordance with rules adopted by the
state patrol. Neither the standards for, placement or use of,
nor the lack of placement or use of a warning device under
this subsection gives rise to any civil liability on the part of
the state of Washington, the state patrol, any county, or any
law enforcement agency or officer.
(7) The flares, fusees, red electric lanterns, portable red
emergency reflectors, and flags to be displayed as required
in this section shall conform with the requirements of RCW
46.37.440 applicable thereto. [1987 c 330 § 725; 1987 c 226
§ 1; 1984 c 119 § 1; 1961 c 12 § 46.37.450. Prior: 1955 c
269 § 45; prior: 1947 c 267 § 7, part; Rem. Supp. 1947 §
6360-32a, part; RCW 46.40.210, part.]
Reviser’s note: This section was amended by 1987 c 226 § 1 and by
1987 c 330 § 725, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
46.37.465 Fuel system. (1) The fuel system shall be
manufactured, installed, and maintained with due regard for
the safety of the occupants of the vehicle and the public.
Fuel tanks shall be equipped with approved caps.
(2) There shall be no signs of leakage from the carburetor or the fuel pump or the fuel hoses in the engine compartment or between the fuel tank and the engine compartment.
(2002 Ed.)
Vehicle Lighting and Other Equipment
(3) No person shall operate any motor vehicle upon the
public highways of this state unless the fuel tank is securely
attached and so located that another vehicle would not be
exposed to direct contact with the fuel tank in the event of
a rear end collision. [1977 ex.s. c 355 § 39.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.467 Alternative fuel source—Placard required. (1) Every automobile, truck, motorcycle, motor
home, or off-road vehicle that is fueled by an alternative fuel
source shall bear a reflective placard issued by the national
fire protection association indicating that the vehicle is so
fueled. Violation of this subsection is a traffic infraction.
(2) As used in this section "alternative fuel source"
includes propane, compressed natural gas, liquid petroleum
gas, or any chemically similar gas but does not include
gasoline or diesel fuel.
(3) If a placard for a specific alternative fuel source has
not been issued by the national fire protection association, a
placard issued by the chief of the Washington state patrol,
through the director of fire protection, shall be required. The
chief of the Washington state patrol, through the director of
fire protection, shall develop rules for the design, size, and
placement of the placard which shall remain effective until
a specific placard is issued by the national fire protection
association. [1995 c 369 § 23; 1986 c 266 § 88; 1984 c 145
§ 1; 1983 c 237 § 2.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Legislative finding—1983 c 237: "The legislature finds that vehicles
using alternative fuel sources such as propane, compressed natural gas,
liquid petroleum gas, or other hydrocarbon gas fuels require fire fighters to
use a different technique if the vehicles catch fire. A reflective placard on
such vehicles would warn fire fighters of the danger so they could react
properly." [1983 c 237 § 1.]
46.37.470 Air-conditioning equipment. (1) The term
"air-conditioning equipment" as used or referred to in this
section shall mean mechanical vapor compression refrigeration equipment which is used to cool the driver’s or passenger compartment of any motor vehicle.
(2) Such equipment shall be manufactured, installed and
maintained with due regard for the safety of the occupants
of the vehicle and the public and shall not contain any
refrigerant which is toxic to persons or which is flammable.
(3) The state patrol may adopt and enforce safety
requirements, regulations and specifications consistent with
the requirements of this section applicable to such equipment
which shall correlate with and, so far as possible, conform
to the current recommended practice or standard applicable
to such equipment approved by the society of automotive
engineers.
(4) No person shall have for sale, offer for sale, sell or
equip any motor vehicle with any such equipment unless it
complies with the requirements of this section.
(5) No person shall operate on any highway any motor
vehicle equipped with any air-conditioning equipment unless
said equipment complies with the requirements of this
section. [1987 c 330 § 726; 1961 c 12 § 46.37.470. Prior:
1955 c 269 § 47.]
46.37.465
46.37.480 Television viewers—Earphones. (1) No
person shall drive any motor vehicle equipped with any
television viewer, screen, or other means of visually receiving a television broadcast which is located in the motor
vehicle at any point forward of the back of the driver’s seat,
or which is visible to the driver while operating the motor
vehicle. This subsection does not apply to law enforcement
vehicles communicating with mobile computer networks.
(2) No person shall operate any motor vehicle on a
public highway while wearing any headset or earphones
connected to any electronic device capable of receiving a
radio broadcast or playing a sound recording for the purpose
of transmitting a sound to the human auditory senses and
which headset or earphones muffle or exclude other sounds.
This subsection does not apply to students and instructors
participating in a Washington state motorcycle safety
program.
(3) This section does not apply to authorized emergency
vehicles, motorcyclists wearing a helmet with built-in
headsets or earphones as approved by the Washington state
patrol, or motorists using hands-free, wireless communications systems, as approved by the equipment section of the
Washington state patrol. [1996 c 34 § 1; 1991 c 95 § 1;
1988 c 227 § 6; 1987 c 176 § 1; 1977 ex.s. c 355 § 40;
1961 c 12 § 46.37.480. Prior: 1949 c 196 § 11; Rem.
Supp. 1949 § 6360-98d. Formerly RCW 46.36.150.]
Severability—1988 c 227: See RCW 46.81A.900.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.490 Safety load chains and devices required.
It shall be unlawful to operate any vehicle upon the public
highways of this state without having the load thereon
securely fastened and protected by safety chains or other
device. The chief of the Washington state patrol is hereby
authorized to adopt and enforce reasonable rules and
regulations as to what shall constitute adequate and safe
chains or other devices for the fastening and protection of
loads upon vehicles. [1987 c 330 § 727; 1961 c 12 §
46.37.490. Prior: 1937 c 189 § 43; RRS § 6360-43; 1927
c 309 § 18; RRS § 6362-18. Formerly RCW 46.36.110.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
46.37.495 Safety chains for towing. (1) "Safety
chains" means flexible tension members connected from the
front portion of the towed vehicle to the rear portion of the
towing vehicle for the purpose of retaining connection
between towed and towing vehicle in the event of failure of
the connection provided by the primary connecting system,
as prescribed by rule of the Washington state patrol.
(2) The term "safety chains" includes chains, cables, or
wire ropes, or an equivalent flexible member meeting the
strength requirements prescribed by rule of the Washington
state patrol.
(3) A tow truck towing a vehicle and a vehicle towing
a trailer must use safety chains. Failure to comply with this
section is a class 1 civil infraction punishable under RCW
7.80.120. [1995 c 360 § 1.]
Tow trucks: Chapter 46.55 RCW.
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
(2002 Ed.)
[Title 46 RCW—page 143]
46.37.500
Title 46 RCW: Motor Vehicles
46.37.500 Fenders or splash aprons. (1) Except as
authorized under subsection (2) of this section, no person
may operate any motor vehicle, trailer, or semitrailer that is
not equipped with fenders, covers, flaps, or splash aprons
adequate for minimizing the spray or splash of water or mud
from the roadway to the rear of the vehicle. All such
devices shall be as wide as the tires behind which they are
mounted and extend downward at least to the center of the
axle.
(2) A motor vehicle that is not less than forty years old
or a street rod vehicle that is owned and operated primarily
as a collector’s item need not be equipped with fenders when
the vehicle is used and driven during fair weather on wellmaintained, hard-surfaced roads. [1999 c 58 § 2; 1988 c 15
§ 2; 1977 ex.s. c 355 § 41; 1961 c 12 § 46.37.500. Prior:
1947 c 200 § 3, part; 1937 c 189 § 44, part; Rem. Supp.
1947 § 6360-44, part. Formerly RCW 46.36.130 (second
paragraph).]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.505 Child passenger restraint systems. The
state patrol shall adopt standards for the performance, design,
and installation of passenger restraint systems for children
less than five years old and shall approve those systems
which meet its standards. [1987 c 330 § 728; 1983 c 215 §
1.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1983 c 215: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 215 § 3.]
Child passenger restraint required: RCW 46.61.687.
46.37.510 Seat belts and shoulder harnesses. (1) No
person may sell any automobile manufactured or assembled
after January 1, 1964, nor may any owner cause such vehicle
to be registered thereafter under the provisions of chapter
46.12 RCW unless such motor car or automobile is equipped
with automobile seat belts installed for use on the front seats
thereof which are of a type and installed in a manner
conforming to rules adopted by the state patrol. Where
registration is for transfer from an out-of-state license, the
applicant shall be informed of this section by the issuing
agent and has thirty days to comply. The state patrol shall
adopt and enforce standards as to what constitutes adequate
and safe seat belts and for the fastening and installation of
them. Such standards shall not be below those specified as
minimum requirements by the Society of Automotive Engineers on June 13, 1963.
(2) Every passenger car manufactured or assembled after
January 1, 1965, shall be equipped with at least two lap-type
safety belt assemblies for use in the front seating positions.
(3) Every passenger car manufactured or assembled after
January 1, 1968, shall be equipped with a lap-type safety
belt assembly for each permanent passenger seating position.
This requirement shall not apply to police vehicles.
(4) Every passenger car manufactured or assembled after
January 1, 1968, shall be equipped with at least two shoulder
harness-type safety belt assemblies for use in the front
seating positions.
[Title 46 RCW—page 144]
(5) The state patrol shall excuse specified types of
motor vehicles or seating positions within any motor vehicle
from the requirements imposed by subsections (1), (2), and
(3) of this section when compliance would be impractical.
(6) No person may distribute, have for sale, offer for
sale, or sell any safety belt or shoulder harness for use in
motor vehicles unless it meets current minimum standards
and specifications conforming to rules adopted by the state
patrol or the United States department of transportation.
[1987 c 330 § 729; 1986 c 113 § 7; 1977 ex.s. c 355 § 42;
1963 c 117 § 1.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Safety belts, use required: RCW 46.61.688.
46.37.513 Bumpers. When any motor vehicle was
originally equipped with bumpers or any other collision
energy absorption or attenuation system, that system shall be
maintained in good operational condition, and no person
shall remove or disconnect, and no owner shall cause or
knowingly permit the removal or disconnection of, any part
of that system except temporarily in order to make repairs,
replacements, or adjustments. [1977 ex.s. c 355 § 43.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.517 Body and body hardware. (1) The body,
fenders, and bumpers shall be maintained without protrusions
which could be hazardous to pedestrians. In addition, the
bumpers shall be so attached and maintained so as to not
protrude beyond the original bumper line.
(2) The hood, hood latches, hood fastenings, doors, and
door latches shall be maintained in a condition sufficient to
ensure proper working equal to that at the time of original
vehicle manufacture. [1977 ex.s. c 355 § 44.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Lowering vehicle below legal clearance: RCW 46.61.680.
46.37.518 Street rods and kit vehicles. Notwithstanding the requirements of this chapter, hoods and bumpers
are optional equipment on street rods and kit vehicles.
Street rods and kit vehicles must comply with fender
requirements under RCW 46.37.500(2) and the windshield
requirement of RCW 46.37.410(1). [1996 c 225 § 12.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.37.520 Beach vehicles with soft tires—"Dune
buggies"—Inspection and approval required—Fee. It
shall be unlawful for any person to lease for hire or permit
the use of any vehicle with soft tires commonly used upon
the beach and referred to as a dune buggy unless such
vehicle has been inspected by and approved by the state
patrol, which may charge a reasonable fee therefor to go into
the motor vehicle fund. [1987 c 330 § 730; 1971 ex.s. c 91
§ 4; 1965 ex.s. c 170 § 61.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
46.37.522 Motorcycles and motor-driven cycles—
When head lamps and tail lamps to be lighted. Every
motorcycle and motor-driven cycle shall have its head lamps
(2002 Ed.)
Vehicle Lighting and Other Equipment
and tail lamps lighted whenever such vehicle is in motion
upon a highway. [1977 ex.s. c 355 § 45.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.523 Motorcycles and motor-driven cycles—
Head lamps. (1) Every motorcycle and every motor-driven
cycle shall be equipped with at least one lamp which shall
comply with the requirements and limitations of this section.
(2) Every head lamp upon every motorcycle and motordriven cycle shall be located at a height of not more than
fifty-four inches nor less than twenty-four inches to be
measured as set forth in RCW 46.37.030(2).
(3) Every motorcycle other than a motor-driven cycle
shall be equipped with multiple-beam road-lighting equipment.
(4) Such equipment shall:
(a) Reveal persons and vehicles at a distance of at least
three hundred feet ahead when the uppermost distribution of
light is selected;
(b) Reveal persons and vehicles at a distance of at least
one hundred fifty feet ahead when the lowermost distribution
of light is selected, and on a straight, level road under any
condition of loading none of the high intensity portion of the
beam shall be directed to strike the eyes of an approaching
driver. [1977 ex.s. c 355 § 46.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.524 Motor-driven cycles—Head lamps. The
head lamp or head lamps upon every motor-driven cycle
may be of the single-beam or multiple-beam type but in
either event shall comply with the requirements and limitations as follows:
(1) Every such head lamp or head lamps on a motordriven cycle shall be of a sufficient intensity to reveal a
person or a vehicle at a distance of not less than one hundred feet when the motor-driven cycle is operated at any
speed less than twenty-five miles per hour and at a distance
of not less than two hundred feet when the motor-driven
cycle is operated at a speed of twenty-five or more miles per
hour, and at a distance of not less than three hundred feet
when the motor-driven cycle is operated at a speed of thirtyfive or more miles per hour;
(2) In the event the motor-driven cycle is equipped with
a multiple-beam head lamp or head lamps the upper beam
shall meet the minimum requirements set forth above and
shall not exceed the limitations set forth in RCW
46.37.220(1), and the lowermost beam shall meet the
requirements applicable to a lowermost distribution of light
as set forth in RCW 46.37.220;
(3) In the event the motor-driven cycle is equipped with
a single-beam lamp or lamps, such lamp or lamps shall be
so aimed that when the vehicle is loaded none of the highintensity portion of light, at a distance of twenty-five feet
ahead, shall project higher than the level of the center of the
lamp from which it comes. [1977 ex.s. c 355 § 47.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(2002 Ed.)
46.37.522
46.37.525 Motorcycles and motor-driven cycles—
Tail lamps, reflectors, and stop lamps. (1) Every motorcycle and motor-driven cycle shall have at least one tail lamp
which shall be located at a height of not more than seventytwo nor less than fifteen inches.
(2) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the
rear registration plate and render it clearly legible from a
distance of fifty feet to the rear. Any tail lamp or tail lamps,
together with any separate lamp or lamps for illuminating the
rear registration plate, shall be so wired as to be lighted
whenever the head lamps or auxiliary driving lamps are
lighted.
(3) Every motorcycle and motor-driven cycle shall carry
on the rear, either as part of the tail lamp or separately, at
least one red reflector meeting the requirements of RCW
46.37.060.
(4) Every motorcycle and motor-driven cycle shall be
equipped with at least one stop lamp meeting the requirements of RCW 46.37.070. [1977 ex.s. c 355 § 48.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.527 Motorcycles and motor-driven cycles—
Brake requirements. Every motorcycle and motor-driven
cycle must comply with the provisions of RCW 46.37.351,
except that:
(1) Motorcycles and motor-driven cycles need not be
equipped with parking brakes;
(2) The wheel of a sidecar attached to a motorcycle or
to a motor-driven cycle, and the front wheel of a motordriven cycle need not be equipped with brakes, if such
motorcycle or motor-driven cycle is otherwise capable of
complying with the braking performance requirements of
RCW 46.37.528 and 46.37.529;
(3) Motorcycles shall be equipped with brakes operating
on both the front and rear wheels unless the vehicle was
originally manufactured without both front and rear brakes:
PROVIDED, That a front brake shall not be required on any
motorcycle over twenty-five years old which was originally
manufactured without a front brake and which has been
restored to its original condition and is being ridden to or
from or otherwise in conjunction with an antique or classic
motorcycle contest, show or other such assemblage:
PROVIDED FURTHER, That no front brake shall be
required on any motorcycle manufactured prior to January 1,
1931. [1982 c 77 § 6; 1977 ex.s. c 355 § 49.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1982 c 77: See note following RCW 46.20.500.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.528 Motorcycles and motor-driven cycles—
Performance ability of brakes. Every motorcycle and
motor-driven cycle, at all times and under all conditions of
loading, upon application of the service brake, shall be
capable of:
(1) Developing a braking force that is not less than
forty-three and one-half percent of its gross weight;
(2) Decelerating to a stop from not more than twenty
miles per hour at not less than fourteen feet per second per
second; and
[Title 46 RCW—page 145]
46.37.528
Title 46 RCW: Motor Vehicles
(3) Stopping from a speed of twenty miles per hour in
not more than thirty feet, such distance to be measured from
the point at which movement of the service brake pedal or
control begins.
Tests for deceleration and stopping distance shall be
made on a substantially level (not to exceed plus or minus
one percent grade), dry, smooth, hard surface that is free
from loose material. [1977 ex.s. c 355 § 50.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.529 Motor-driven cycles—Braking system
inspection. (1) The state patrol is authorized to require an
inspection of the braking system on any motor-driven cycle
and to disapprove any such braking system on a vehicle
which it finds will not comply with the performance ability
standard set forth in RCW 46.37.351, or which in its opinion
is equipped with a braking system that is not so designed or
constructed as to ensure reasonable and reliable performance
in actual use.
(2) The director of licensing may refuse to register or
may suspend or revoke the registration of any vehicle
referred to in this section when the state patrol determines
that the braking system thereon does not comply with the
provisions of this section.
(3) No person shall operate on any highway any vehicle
referred to in this section in the event the state patrol has
disapproved the braking system upon such vehicle. [1987 c
330 § 731; 1979 c 158 § 158; 1977 ex.s. c 355 § 51.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.530 Motorcycles, motor-driven cycles, mopeds, electric-assisted bicycles—Helmets, other equipment—Children—Rules. (1) It is unlawful:
(a) For any person to operate a motorcycle or motordriven cycle not equipped with mirrors on the left and right
sides of the motorcycle which shall be so located as to give
the driver a complete view of the highway for a distance of
at least two hundred feet to the rear of the motorcycle or
motor-driven cycle: PROVIDED, That mirrors shall not be
required on any motorcycle or motor-driven cycle over
twenty-five years old originally manufactured without
mirrors and which has been restored to its original condition
and which is being ridden to or from or otherwise in
conjunction with an antique or classic motorcycle contest,
show, or other such assemblage: PROVIDED FURTHER,
That no mirror is required on any motorcycle manufactured
prior to January 1, 1931;
(b) For any person to operate a motorcycle or motordriven cycle which does not have a windshield unless
wearing glasses, goggles, or a face shield of a type conforming to rules adopted by the state patrol;
(c) For any person to operate or ride upon a motorcycle,
motor-driven cycle, or moped on a state highway, county
road, or city street unless wearing upon his or her head a
protective helmet of a type conforming to rules adopted by
the state patrol except when the vehicle is an antique motordriven cycle or automobile that is licensed as a motorcycle
[Title 46 RCW—page 146]
or when the vehicle is equipped with seat belts and roll bars
approved by the state patrol. The helmet must be equipped
with either a neck or chin strap which shall be fastened securely while the motorcycle or motor-driven cycle is in
motion. Persons operating electric-assisted bicycles shall
comply with all laws and regulations related to the use of
bicycle helmets;
(d) For any person to transport a child under the age of
five on a motorcycle or motor-driven cycle;
(e) For any person to sell or offer for sale a motorcycle
helmet which does not meet the requirements established by
the state patrol.
(2) The state patrol is hereby authorized and empowered
to adopt and amend rules, pursuant to the Administrative
Procedure Act, concerning the standards and procedures for
conformance of rules adopted for glasses, goggles, face
shields, and protective helmets. [1997 c 328 § 4; 1990 c
270 § 7. Prior: 1987 c 454 § 1; 1987 c 330 § 732; 1986 c
113 § 8; 1982 c 77 § 7; 1977 ex.s. c 355 § 55; 1971 ex.s. c
150 § 1; 1969 c 42 § 1; 1967 c 232 § 4.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Short title—1990 c 270: See RCW 43.70.440.
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1982 c 77: See note following RCW 46.20.500.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Maximum height for handlebars: RCW 46.61.611.
Riding on motorcycles: RCW 46.61.610.
46.37.535 Motorcycles, motor-driven cycles, or
mopeds—Helmet requirements when rented. It is
unlawful for any person to rent out motorcycles, motordriven cycles, or mopeds unless the person also has on hand
for rent helmets of a type conforming to rules adopted by the
state patrol.
It shall be unlawful for any person to rent a motorcycle,
motor-driven cycle, or moped unless the person has in his or
her possession a helmet of a type approved by the state
patrol, regardless of from whom the helmet is obtained.
[1990 c 270 § 8; 1987 c 330 § 733; 1986 c 113 § 9; 1977
ex.s. c 355 § 56; 1967 c 232 § 10.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Short title—1990 c 270: See RCW 43.70.440.
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
License requirement for person renting motorcycle: RCW 46.20.220.
46.37.537 Motorcycles—Exhaust system. No person
shall modify the exhaust system of a motorcycle in a manner
which will amplify or increase the noise emitted by the
engine of such vehicle above that emitted by the muffler
originally installed on the vehicle, and it shall be unlawful
for any person to operate a motorcycle not equipped as
required by this section, or which has been amplified as
prohibited by this section. [1977 ex.s. c 355 § 52.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.539 Motorcycles and motor-driven cycles—
Additional requirements and limitations. Every motorcy(2002 Ed.)
Vehicle Lighting and Other Equipment
cle and every motor-driven cycle shall also comply with the
requirements and limitations of:
RCW 46.37.380 on horns and warning devices;
RCW 46.37.390 on mufflers and prevention of noise;
RCW 46.37.400 on mirrors; and
RCW 46.37.420 on tires. [1977 ex.s. c 355 § 53.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.540 Odometers—Disconnecting, resetting, or
turning back prohibited. It shall be unlawful for any
person to disconnect, turn back, or reset the odometer of any
motor vehicle with the intent to reduce the number of miles
indicated on the odometer gauge. [1983 c 3 § 119; 1969 c
112 § 2.]
Motor vehicle dealers, unlawful acts and practices: RCW 46.70.180.
46.37.550 Odometers—Selling motor vehicle
knowing odometer turned back unlawful. It shall be
unlawful for any person to sell a motor vehicle in this state
if such person has knowledge that the odometer on such
motor vehicle has been turned back and if such person fails
to notify the buyer, prior to the time of sale, that the
odometer has been turned back or that he had reason to
believe that the odometer has been turned back. [1969 c 112
§ 3.]
46.37.560 Odometers—Selling motor vehicle
knowing odometer replaced unlawful. It shall be unlawful
for any person to sell a motor vehicle in this state if such
person has knowledge that the odometer on such motor
vehicle has been replaced with another odometer and if such
person fails to notify the buyer, prior to the time of sale, that
the odometer has been replaced or that he believes the
odometer to have been replaced. [1969 c 112 § 4.]
46.37.570 Odometers—Selling, advertising, using, or
installing device registering false mileage. It shall be
unlawful for any person to advertise for sale, to sell, to use,
or to install on any part of a motor vehicle or on an odometer in a motor vehicle any device which causes the odometer
to register any mileage other than the true mileage driven.
For the purposes of this section the true mileage driven is
that driven by the car as registered by the odometer within
the manufacturer’s designed tolerance. [1969 c 112 § 5.]
46.37.590 Odometers—Purchaser plaintiff to
recover costs and attorney’s fee, when. In any suit
brought by the purchaser of a motor vehicle against the
seller of such vehicle, the purchaser shall be entitled to
recover his court costs and a reasonable attorney’s fee fixed
by the court, if: (1) The suit or claim is based substantially
upon the purchaser’s allegation that the odometer on such
vehicle has been tampered with contrary to RCW 46.37.540
and 46.37.550 or replaced contrary to RCW 46.37.560; and
(2) it is found in such suit that the seller of such vehicle or
any of his employees or agents knew or had reason to know
that the odometer on such vehicle had been so tampered with
or replaced and failed to disclose such knowledge to the
(2002 Ed.)
46.37.539
purchaser prior to the time of sale. [1975 c 24 § 1; 1969 c
112 § 7.]
46.37.600 Liability of operator, owner, lessee for
violations. Whenever an act or omission is declared to be
unlawful in chapter 46.37 RCW, if the operator of the
vehicle is not the owner or lessee of such vehicle, but is so
operating or moving the vehicle with the express or implied
permission of the owner or lessee, then the operator and/or
owner or lessee are both subject to the provisions of this
chapter with the primary responsibility to be that of the
owner or lessee.
If the person operating the vehicle at the time of the
unlawful act or omission is not the owner or lessee of the
vehicle, such person is fully authorized to accept the citation
and execute the promise to appear on behalf of the owner or
lessee. [1980 c 104 § 4; 1969 ex.s. c 69 § 3.]
46.37.610 Wheelchair conveyance standards. The
state patrol shall adopt rules for wheelchair conveyance
safety standards. Operation of a wheelchair conveyance that
is in violation of these standards is a traffic infraction.
[1987 c 330 § 734; 1983 c 200 § 4.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1983 c 200: See note following RCW 46.04.710.
Wheelchair conveyances
definition: RCW 46.04.710.
licensing: RCW 46.16.640.
operator’s license: RCW 46.20.109.
public roadways, operating on: RCW 46.61.730.
46.37.620 School buses—Crossing arms. Effective
September 1, 1992, every school bus shall, in addition to any
other equipment required by this chapter, be equipped with
a crossing arm mounted to the bus that, when extended, will
require students who are crossing in front of the bus to walk
more than five feet from the front of the bus. [1991 c 166
§ 1.]
46.37.630 Private school buses. A private school bus
is subject to the requirements set forth in the National
Standards for School Buses established by the national safety
council in effect at the time of the bus manufacture, as
adopted by rule by reference by the chief of the Washington
state patrol. A private school bus manufactured before 1980
must meet the minimum standards set forth in the 1980
edition of the National Standards for School Buses. [1995
c 141 § 3.]
Chapter 46.38
VEHICLE EQUIPMENT SAFETY COMPACT
Sections
46.38.010
46.38.020
46.38.030
46.38.040
46.38.050
Compact enacted—Provisions.
Legislative findings.
Effective date of rules, etc. of vehicle safety equipment
commission.
Appointment of commissioner and alternate commissioner.
Cooperation of state agencies with vehicle equipment safety
commission.
[Title 46 RCW—page 147]
Chapter 46.38
46.38.060
46.38.070
46.38.080
46.38.090
Title 46 RCW: Motor Vehicles
State officers for the filing of documents and receipt of
notices.
Vehicle equipment safety commission to submit budgets to
director of financial management.
State auditor to inspect accounts of vehicle equipment safety
commission.
Withdrawal from compact, "executive head" defined.
46.38.010 Compact enacted—Provisions. The
vehicle equipment safety compact prepared pursuant to
resolutions of the western governors’ conference and the
western interstate committee on highway policy problems of
the council of state governments, is hereby enacted into law
and entered into with all other jurisdictions legally joining
therein in the form substantially as follows:
VEHICLE EQUIPMENT SAFETY COMPACT
ARTICLE I—Findings and Purposes
(a) The party states find that:
(1) Accidents and deaths on their streets and highways
present a very serious human and economic problem with a
major deleterious effect on the public welfare.
(2) There is a vital need for the development of greater
interjurisdictional cooperation to achieve the necessary
uniformity in the laws, rules, regulations and codes relating
to vehicle equipment, and to accomplish this by such means
as will minimize the time between the development of
demonstrably and scientifically sound safety features and
their incorporation into vehicles.
(b) The purposes of this compact are to:
(1) Promote uniformity in regulation of and standards
for equipment.
(2) Secure uniformity of law and administrative practice
in vehicular regulation and related safety standards to permit
incorporation of desirable equipment changes in vehicles in
the interest of greater traffic safety.
(3) To provide means for the encouragement and
utilization of research which will facilitate the achievement
of the foregoing purposes, with due regard for the findings
set forth in subdivision (a) of this Article.
(c) It is the intent of this compact to emphasize performance requirements and not to determine the specific detail
of engineering in the manufacture of vehicles or equipment
except to the extent necessary for the meeting of such
performance requirements.
ARTICLE II—Definitions
As used in this compact:
(a) "Vehicle" means every device in, upon or by which
any person or property is or may be transported or drawn
upon a highway, excepting devices moved by human power
or used exclusively upon stationary rails or tracks.
(b) "State" means a state, territory or possession of the
United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(c) "Equipment" means any part of a vehicle or any
accessory for use thereon which affects the safety of operation of such vehicle or the safety of the occupants.
ARTICLE III—The Commission
(a) There is hereby created an agency of the party states
to be known as the "Vehicle Equipment Safety Commission"
[Title 46 RCW—page 148]
hereinafter called the Commission. The Commission shall
be composed of one commissioner from each party state who
shall be appointed, serve and be subject to removal in
accordance with the laws of the state which he represents.
If authorized by the laws of his party state, a commissioner
may provide for the discharge of his duties and the performance of his functions on the Commission, either for the
duration of his membership or for any lesser period of time,
by an alternate. No such alternate shall be entitled to serve
unless notification of his identity and appointment shall have
been given to the Commission in such form as the Commission may require. Each commissioner, and each alternate,
when serving in the place and stead of a commissioner, shall
be entitled to be reimbursed by the Commission for expenses
actually incurred in attending Commission meetings or while
engaged in the business of the Commission.
(b) The commissioners shall be entitled to one vote each
on the Commission. No action of the Commission shall be
binding unless taken at a meeting at which a majority of the
total number of votes on the Commission are cast in favor
thereof. Action of the Commission shall be only at a
meeting at which a majority of the commissioners, or their
alternates, are present.
(c) The Commission shall have a seal.
(d) The Commission shall elect annually, from among
its members, a chairman, a vice chairman and a treasurer.
The Commission may appoint an Executive Director and fix
his duties and compensation. Such Executive Director shall
serve at the pleasure of the Commission, and together with
the Treasurer shall be bonded in such amount as the Commission shall determine. The Executive Director also shall
serve as secretary. If there be no Executive Director, the
Commission shall elect a Secretary in addition to the other
officers provided by this subdivision.
(e) Irrespective of the civil service, personnel or other
merit system laws of any of the party states, the Executive
Director with the approval of the Commission, or the
Commission if there be no Executive Director, shall appoint,
remove or discharge such personnel as may be necessary for
the performance of the Commission’s functions, and shall fix
the duties and compensation of such personnel.
(f) The Commission may establish and maintain
independently or in conjunction with any one or more of the
party states, a suitable retirement system for its full time
employees. Employees of the Commission shall be eligible
for social security coverage in respect of old age and
survivor’s insurance provided that the Commission takes
such steps as may be necessary pursuant to the laws of the
United States, to participate in such program of insurance as
a governmental agency or unit. The Commission may
establish and maintain or participate in such additional
programs of employee benefits as may be appropriate.
(g) The Commission may borrow, accept or contract for
the services of personnel from any party state, the United
States, or any subdivision or agency of the aforementioned
governments, or from any agency of two or more of the
party states or their subdivisions.
(h) The Commission may accept for any of its purposes
and functions under this compact any and all donations, and
grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United
(2002 Ed.)
Vehicle Equipment Safety Compact
States, or any other governmental agency and may receive,
utilize, and dispose of the same.
(i) The Commission may establish and maintain such
facilities as may be necessary for the transacting of its
business. The Commission may acquire, hold, and convey
real and personal property and any interest therein.
(j) The Commission shall adopt bylaws for the conduct
of its business and shall have the power to amend and
rescind these bylaws. The Commission shall publish its
bylaws in convenient form and shall file a copy thereof and
a copy of any amendment thereto, with the appropriate
agency or officer in each of the party states. The bylaws
shall provide for appropriate notice to the commissioners of
all Commission meetings and hearings and the business to be
transacted at such meetings or hearings. Such notice shall
also be given to such agencies or officers of each party state
as the laws of such party state may provide.
(k) The Commission annually shall make to the governor and legislature of each party state a report covering the
activities of the Commission for the preceding year, and
embodying such recommendations as may have been issued
by the Commission. The Commission may make such
additional reports as it may deem desirable.
ARTICLE IV—Research and Testing
The Commission shall have power to:
(a) Collect, correlate, analyze and evaluate information
resulting or derivable from research and testing activities in
equipment and related fields.
(b) Recommend and encourage the undertaking of
research and testing in any aspect of equipment or related
matters when, in its judgment, appropriate or sufficient
research or testing has not been undertaken.
(c) Contract for such equipment research and testing as
one or more governmental agencies may agree to have
contracted for by the Commission, provided that such
governmental agency or agencies shall make available the
funds necessary for such research and testing.
(d) Recommend to the party states changes in law or
policy with emphasis on uniformity of laws and administrative rules, regulations or codes which would promote
effective governmental action or coordination in the prevention of equipment-related highway accidents or the mitigation of equipment-related highway safety problems.
ARTICLE V—Vehicular Equipment
(a) In the interest of vehicular and public safety, the
Commission may study the need for or desirability of the
establishment of or changes in performance requirements or
restrictions for any item of equipment. As a result of such
study, the Commission may publish a report relating to any
item or items of equipment, and the issuance of such a
report shall be a condition precedent to any proceedings or
other action provided or authorized by this Article. No less
than sixty days after the publication of a report containing
the results of such study, the Commission upon due notice
shall hold a hearing or hearings at such place or places as it
may determine.
(b) Following the hearing or hearings provided for in
subdivision (a) of this Article, and with due regard for
standards recommended by appropriate professional and
technical associations and agencies, the Commission may
(2002 Ed.)
46.38.010
issue rules, regulations or codes embodying performance
requirements or restrictions for any item or items of equipment covered in the report, which in the opinion of the
Commission will be fair and equitable and effectuate the
purposes of this compact.
(c) Each party state obligates itself to give due consideration to any and all rules, regulations and codes issued by
the Commission and hereby declares its policy and intent to
be the promotion of uniformity in the laws of the several
party states relating to equipment.
(d) The Commission shall send prompt notice of its
action in issuing any rule, regulation or code pursuant to this
Article to the appropriate motor vehicle agency of each party
state and such notice shall contain the complete text of the
rule, regulation or code.
(e) If the constitution of a party state requires, or if its
statutes provide, the approval of the legislature by appropriate resolution or act may be made a condition precedent to
the taking effect in such party state of any rule, regulation or
code. In such event, the commissioner of such party state
shall submit any Commission rule, regulation or code to the
legislature as promptly as may be in lieu of administrative
acceptance or rejection thereof by the party state.
(f) Except as otherwise specifically provided in or
pursuant to subdivisions (e) and (g) of this Article, the
appropriate motor vehicle agency of a party state shall in
accordance with its constitution or procedural laws adopt the
rule, regulation or code within six months of the sending of
the notice, and, upon such adoption, the rule, regulation or
code shall have the force and effect of law therein.
(g) The appropriate motor vehicle agency of a party
state may decline to adopt a rule, regulation or code issued
by the Commission pursuant to this Article if such agency
specifically finds, after public hearing on due notice, that a
variation from the Commission’s rule, regulation or code is
necessary to the public safety, and incorporates in such
finding the reasons upon which it is based. Any such
finding shall be subject to review by such procedure for
review of administrative determinations as may be applicable
pursuant to the laws of the party state. Upon request, the
Commission shall be furnished with a copy of the transcript
of any hearings held pursuant to this subdivision.
ARTICLE VI—Finance
(a) The Commission shall submit to the executive head
or designated officer or officers of each party state a budget
of its estimated expenditures for such period as may be
required by the laws of that party state for presentation to
the legislature thereof.
(b) Each of the Commission’s budgets of estimated
expenditures shall contain specific recommendations of the
amount or amounts to be appropriated by each of the party
states. The total amount of appropriations under any such
budget shall be apportioned among the party states as
follows: one-third in equal shares; and the remainder in
proportion to the number of motor vehicles registered in
each party state. In determining the number of such registrations, the Commission may employ such source or sources
of information as, in its judgment present the most equitable
and accurate comparisons among the party states. Each of
the Commission’s budgets of estimated expenditures and
requests for appropriations shall indicate the source or
[Title 46 RCW—page 149]
46.38.010
Title 46 RCW: Motor Vehicles
sources used in obtaining information concerning vehicular
registrations.
(c) The Commission shall not pledge the credit of any
party state. The Commission may meet any of its obligations in whole or in part with funds available to it under
Article III (h) of this compact, provided that the Commission
takes specific action setting aside such funds prior to
incurring any obligation to be met in whole or in part in
such manner. Except where the Commission makes use of
funds available to it under Article III (h) hereof, the Commission shall not incur any obligation prior to the allotment
of funds by the party states adequate to meet the same.
(d) The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements
of the Commission shall be subject to the audit and accounting procedures established under its rules. However, all
receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified public accountant
and the report of the audit shall be included in and become
part of the annual reports of the Commission.
(e) The accounts of the Commission shall be open at
any reasonable time for inspection by duly constituted
officers of the party states and by any persons authorized by
the Commission.
(f) Nothing contained herein shall be construed to
prevent Commission compliance with laws relating to audit
or inspection of accounts by or on behalf of any government
contributing to the support of the Commission.
ARTICLE VII—Conflict of Interest
(a) The Commission shall adopt rules and regulations
with respect to conflict of interest for the commissioners of
the party states, and their alternates, if any, and for the staff
of the Commission and contractors with the Commission to
the end that no member or employee or contractor shall have
a pecuniary or other incompatible interest in the manufacture, sale or distribution of motor vehicles or vehicular
equipment or in any facility or enterprise employed by the
Commission or on its behalf for testing, conduct of investigations or research. In addition to any penalty for violation
of such rules and regulations as may be applicable under the
laws of the violator’s jurisdiction of residence, employment
or business, any violation of a Commission rule or regulation
adopted pursuant to this Article shall require the immediate
discharge of any violating employee and the immediate
vacating of membership, or relinquishing of status as a
member on the Commission by any commissioner or
alternate. In the case of a contractor, any violation of any
such rule or regulation shall make any contract of the
violator with the Commission subject to cancellation by the
Commission.
(b) Nothing contained in this Article shall be deemed to
prevent a contractor for the Commission from using any
facilities subject to his control in the performance of the
contract even though such facilities are not devoted solely to
work of or done on behalf of the Commission; nor to
prevent such a contractor from receiving remuneration or
profit from the use of such facilities.
ARTICLE VIII—Advisory and
Technical Committees
The Commission may establish such advisory and
technical committees as it may deem necessary, membership
on which may include private citizens and public officials,
and may cooperate with and use the services of any such
committees and the organizations which the members
represent in furthering any of its activities.
ARTICLE IX—Entry Into Force and Withdrawal
(a) This compact shall enter into force when enacted
into law by any six or more states. Thereafter, this compact
shall become effective as to any other state upon its enactment thereof.
(b) Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal
shall take effect until one year after the executive head of
the withdrawing state has given notice in writing of the
withdrawal to the executive heads of all other party states.
No withdrawal shall affect any liability already incurred by
or chargeable to a party state prior to the time of such
withdrawal.
ARTICLE X—Construction and Severability
This compact shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this
compact shall be severable and if any phrase, clause,
sentence or provision of this compact is declared to be
contrary to the Constitution of any state or of the United
States or the applicability thereof to any government, agency,
person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any
government, agency, person or circumstance shall not be
affected thereby. If this compact shall be held contrary to
the constitution of any state participating herein, the compact
shall remain in full force and effect as to the remaining party
states and in full force and effect as to the state affected as
to all severable matters. [1963 c 204 § 1.]
46.38.020
Legislative findings. The legislature finds
that:
(1) The public safety necessitates the continuous
development, modernization and implementation of standards
and requirements of law relating to vehicle equipment, in
accordance with expert knowledge and opinion.
(2) The public safety further requires that such standards
and requirements be uniform from jurisdiction to jurisdiction,
except to the extent that specific and compelling evidence
supports variation.
(3) The state patrol, acting upon recommendations of the
vehicle equipment safety commission and pursuant to the
vehicle equipment safety compact provides a just, equitable
and orderly means of promoting the public safety in the
manner and within the scope contemplated by this chapter.
[1987 c 330 § 735; 1963 c 204 § 2.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
46.38.030 Effective date of rules, etc. of vehicle
safety equipment commission. Pursuant to Article V(e) of
the vehicle equipment safety compact it is the intention of
[Title 46 RCW—page 150]
(2002 Ed.)
Vehicle Equipment Safety Compact
this state and it is hereby provided that any rule, regulation,
or code issued by the vehicle equipment safety commission
in accordance with Article V of the compact shall take effect
when issued in accordance with the administrative procedure
act by the state patrol. [1987 c 330 § 736; 1967 ex.s. c 145
§ 57; 1963 c 204 § 3.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1967 ex.s. c 145: See RCW 47.98.043.
46.38.040 Appointment of commissioner and
alternate commissioner. The commissioner of this state on
the vehicle equipment safety commission shall be appointed
by the chief of the state patrol to serve at the chief’s
pleasure. The chief of the state patrol may also designate an
alternate commissioner to serve whenever the commissioner
of this state is unable to participate on the vehicle equipment
safety commission. Subject to the provisions of the compact
and bylaws of the vehicle equipment safety commission, the
authority and responsibilities of such alternate shall be as
determined by the chief of the state patrol. [1987 c 330 §
737; 1963 c 204 § 4.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
46.38.050 Cooperation of state agencies with vehicle
equipment safety commission. Within appropriations
available therefor, the departments, agencies and officers of
the government of this state may cooperate with and assist
the vehicle equipment safety commission within the scope
contemplated by Article III(h) of the compact. The departments, agencies and officers of the government of this state
are authorized generally to cooperate with said commission.
[1963 c 204 § 5.]
46.38.060 State officers for the filing of documents
and receipt of notices. Filing of documents as required by
Article III(j) of the compact shall be with the chief of the
state patrol. Any and all notices required by commission
bylaws to be given pursuant to Article III(j) of the compact
shall be given to the commissioner of this state, his alternate,
if any, and the chief of the state patrol. [1987 c 330 § 738;
1963 c 204 § 6.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
46.38.070 Vehicle equipment safety commission to
submit budgets to director of financial management.
Pursuant to Article VI(a) of the compact, the vehicle
equipment safety commission shall submit its budgets to the
director of financial management. [1979 c 151 § 160; 1963
c 204 § 7.]
46.38.080 State auditor to inspect accounts of
vehicle equipment safety commission. Pursuant to Article
VI(e) of the compact, the state auditor is hereby empowered
and authorized to inspect the accounts of the vehicle equipment safety commission. [1963 c 204 § 8.]
46.38.030
Article IX(b) of the compact shall, with reference to this
state, mean the governor. [1963 c 204 § 9.]
Chapter 46.39
INTERSTATE COMPACT FOR SCHOOL
BUS SAFETY
Sections
46.39.010
46.39.020
Compact enacted—Provisions.
Designation of Washington state commissioners.
46.39.010 Compact enacted—Provisions. The
"Interstate Compact for School Bus Safety" is hereby
enacted into law and entered into with all other jurisdictions
legally joining therein in the form substantially as follows:
INTERSTATE COMPACT FOR SCHOOL
BUS SAFETY
ARTICLE I
FINDINGS AND PURPOSES
(a) The party states find that:
(1) School transportation is an integral part of our
education systems. The increasing volume of traffic on
streets and highways, with larger numbers of school children
being transported each year, presents a serious problem in
safety that requires regulation and control.
(2) During recent years the various states have each
developed their own rules, regulations and standards which
govern the operation of school buses in the individual states,
thus creating vast differences in construction standards and
operational procedures.
(3) Standardization by means of interstate cooperation,
exchange of information, and the promulgation of uniform
practices among the states can do much to mitigate present
hazards and at the same time generate cost reductions and
improved service.
(b) The purposes of this compact are to:
(1) Promote uniformity in regulation of and standards
for school bus equipment.
(2) Secure uniformity of law and administrative practices in school bus vehicle regulation and related safety
standards, incorporating desirable equipment changes in the
interest of greater school bus safety.
(3) Establish a means whereby the states party to this
compact shall jointly agree on certain school bus minimum
standards and procedures including, without limitation by the
enumeration, the following:
(i) Items which affect the motorist, such as use of lights,
signs, and signaling devices that control traffic;
(ii) Procedural activities of school bus drivers in
controlling traffic; and in the loading and unloading of
buses;
(iii) Construction and other specifications which can
lead to lower initial costs and the interchangeability of
school buses among states;
(iv) A framework within which the party states may
develop uniform driver training programs; and
(v) Development of accurate and uniform accident
statistical reporting among the party states.
46.38.090 Withdrawal from compact, "executive
head" defined. The term "executive head" as used in
(2002 Ed.)
[Title 46 RCW—page 151]
46.39.010
Title 46 RCW: Motor Vehicles
(4) Encourage and utilize research which will facilitate
achievement of the foregoing purposes, with due regard for
the findings set forth in subsection (a) of this Article.
(5) It is recognized that there are inherent differences in
transportation needs in each of the party states. It shall not
be the purpose of this compact to abridge, impair or adversely affect the jurisdiction or authority of the individual states
to regulate and control their own school transportation
systems.
(6) Investigate the safety and economic advantage of
children being transported.
ARTICLE II
DEFINITIONS
(a) "State" means a state, territory or possession of the
United States, the District of Columbia, the Commonwealth
of Puerto Rico, and any other special commonwealth as may
be established by the Government of the United States.
(b) "School bus" shall have the same meaning as
provided in RCW 46.04.521.
(c) "Equipment" means the equipment required for
school buses under chapter 46.37 RCW.
ARTICLE III
THE COMMISSION
(a) There is hereby created an agency of the party states
to be known as the "Western States School Bus Safety
Commission" (hereinafter called the Commission). The
Commission shall consist of not less than one nor more than
three commissioners from each State, each of whom shall be
a citizen of the State from which he is appointed, and not
less than one or nor more than three commissioners representing the United States Government. The commissioners
from each State shall be chosen in the manner and for the
terms provided by the laws of the States from which they
shall be appointed, provided that at least one member shall
be appointed from the State agency which has primary
responsibility for pupil transportation in that State. Any
commissioner may be removed or suspended from office as
provided by the law of the State from which he shall be
appointed. The commissioners representing the United
States shall be appointed by the President of the United
States, or in such other manner as may be provided by
Congress. The commissioners shall serve without compensation, but shall be paid their actual expenses incurred in and
incidental to the performance of their duties; but nothing
herein shall prevent the appointment of an officer or employee of any State or of the United States Government.
(b) Each state delegation shall be entitled to one vote,
and the presence of commissioners from a majority of the
party states shall constitute a quorum for the transaction of
business at any meeting of the Commission. A majority
vote of the quorum will be required to adopt any measure
before the Commission. The commissioners representing the
United States Government shall act in an advisory capacity
and shall not have voting powers.
(c) The Commission shall have a seal.
(d) The Commission shall elect annually, from among
its members, a chairman, a vice chairman, and a treasurer.
The Commission shall appoint an Executive Director who
shall serve at its pleasure and who shall also act as Secre[Title 46 RCW—page 152]
tary, and who, together with the Treasurer, shall be bonded
in such amounts as the Commission may require.
(e) The Executive Director, with the approval of the
Commission, shall appoint and remove or discharge such
personnel as may be necessary for the performance of the
Commission’s functions irrespective of the civil service,
personnel or other merit system laws of any of the party
states.
(f) The Commission may establish and maintain,
independently or in conjunction with any one or more of the
party states, a suitable retirement system for its full-time
employees. The Commission may establish and maintain or
participate in such additional programs of employee benefits
as may be appropriate.
(g) The Commission may borrow, accept, or contract for
the services of personnel from any state or the United States
or any subdivision or agency thereof, from any interstate
agency, or from any institution, person, firm or corporation.
(h) The Commission may establish and maintain such
facilities as may be necessary for the transacting of its
business. The Commission may acquire, hold, and convey
real and personal property and any interest therein.
(i) The Commission shall adopt bylaws, rules, and
regulations for the conduct of its business, and shall have the
power to amend and rescind these bylaws, rules, and
regulations. The Commission shall publish its bylaws, rules,
and regulations in convenient form and shall file a copy
thereof and shall also file a copy of any amendment thereto,
with the appropriate agency or officer in each of the party
states.
(j) The Commission annually shall make to the governor
and the legislature of each party state, a report covering the
activities of the Commission for the preceding year, and
embodying such recommendations as may have been adopted
by the Commission. The Commission may issue such
additional reports as it may deem desirable.
ARTICLE IV
FUNCTIONS AND ACTIVITIES
(a) The Commission shall have power to perform the
following functions and activities that relate to school bus
transportation:
(1) Recommend and encourage research, testing and
training activities to the extent the Commission finds
necessary.
(2) Contract for research, testing and training activities
on behalf of the Commission itself or for one or more
governmental agencies if they provide special funding for
that purpose.
(3) Engage directly in such activities to the extent
approved by the Commission.
(4) Recommend to the party states of needed changes in
law or policy with emphasis on uniformity of laws and
administrative rules, regulations or codes which would
promote effective governmental action or coordination of
school bus construction, equipment, safety programs, and
school bus driver training.
(5) The Commission shall send prompt notice of its
action in issuing any rule, regulation or code pursuant to this
article to the appropriate agency of each party state and such
notice shall contain the complete text of the rule, regulation
or code.
(2002 Ed.)
Interstate Compact for School Bus Safety
(6) Each party state, recognizing that to carry out the
intent of this compact, obligates itself to adopt in identical
terms, all rules, regulations and specifications which are
standardized through due process to the States.
(b) The Commission may establish such advisory and
technical committees as may be necessary, membership on
which may include public officials and private citizens. The
Commission may also cooperate with other governmental
agencies and interstate organizations and with organizations
representing the private sector.
ARTICLE V
FINANCE
(a) Moneys necessary to finance the Commission in
carrying out its duties shall be provided through appropriations from the states party to this compact, said payments to
be in direct proportion to the number of school buses registered in the respective party states. The initial rate of payment shall be figured at $0.50 per bus, provided that no state
shall contribute less than $500.00 per annum. The annual
contribution of each state above the minimum shall be
figured to the nearest one hundred dollars. Subsequent
budgets shall be determined by the Commission, and the cost
thereof allocated in the same proportion as the initial budget.
(b) The Commission may accept for any of its purposes
under this compact any and all donations, and grants of
money, equipment, supplies, materials, and services (conditional and otherwise) from any state or the United States or
any subdivision or agency thereof, or interstate agency, or
from any institution, person, firm, or corporation, and may
receive, utilize and dispose of the same.
rights, duties, privileges or obligations of the remaining
states thereunder.
ARTICLE VII
SEVERABILITY
(a) The provisions of this compact shall be severable
and if any phrase, clause, sentence or provision of this
compact is declared to be unconstitutional or the applicability thereof to any state, agency, person or circumstances
is held invalid, the constitutionality of the remainder of this
compact and the applicability thereof to any other state,
agency, person or circumstances shall not be affected
thereby. It is the legislative intent that the provisions of this
compact be reasonably and liberally construed. [1977 ex.s.
c 88 § 1.]
46.39.020 Designation of Washington state commissioners. The Washington state commissioners to the western
states school bus safety commission shall be the secretary of
transportation, the superintendent of public instruction, and
the chief of the Washington state patrol or their respective
designees. Annually the Washington commissioners shall
elect a chairman from their own membership who shall serve
for one year commencing July 1st. Election as chairman
shall not interfere with the member’s right to vote on all
matters before the Washington commissioners. The Washington commissioners may by majority vote designate one of
their members to represent the state on any matter coming
before the Western states school bus safety commission.
[1984 c 7 § 51; 1977 ex.s. c 88 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
ARTICLE VI
ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into immediate force and
effect as to any state when enacted by it into law, and such
state shall thereafter be a party thereto with any and all
states joining therein.
(b) It is the purpose of this compact to provide the
necessary legal basis for implementation and adoption by
each party state of the standardized rules, regulations and
specifications as adopted by the Commission. Consistent
with the laws of each party state, there shall be a "compact
administrator" who, acting jointly with like officials of other
party states, shall promulgate necessary rules, regulations and
specifications within that state to carry out the actions and
directives of the Commission.
(c) Any state party to this compact may, by legislative
act after one year’s notice to the Commission, withdraw
from the compact. The compact may also be terminated at
any time by the unanimous agreement of the several party
states. Withdrawal shall not relieve a state from its obligations hereunder prior to the effective withdrawal date.
(d) If any state shall at any time default in the performance of any of its obligations assumed herein or with
respect to any obligation imposed upon said state as authorized by and in compliance with the terms and provisions of
this compact, all rights, privileges and benefits of such
defaulting state and its members on the Commission shall be
suspended after the date of such default. Such suspension
shall in no manner release such defaulting state from any
accrued obligation or otherwise affect this compact or the
(2002 Ed.)
46.39.010
Chapter 46.44
SIZE, WEIGHT, LOAD
Sections
46.44.010
46.44.015
46.44.020
46.44.030
46.44.034
46.44.036
46.44.037
46.44.041
46.44.042
46.44.043
46.44.047
Outside width limit.
Tow truck exemptions.
Maximum height—Impaired clearance signs.
Maximum lengths.
Maximum lengths—Front and rear protrusions.
Combination of units—Limitation.
Combination of units—Lawful operations.
Maximum gross weights—Wheelbase and axle factors.
Maximum gross weights—Axle and tire factors.
Cement trucks—Axle loading controls.
Excess weight—Logging trucks—Special permits—County
or city permits—Fees—Discretion of arresting officer.
46.44.049 Effect of weight on highways—Study authorized.
46.44.050 Minimum length of wheelbase.
46.44.060 Outside load limits for passenger vehicles.
46.44.070 Drawbar requirements—Trailer whipping or weaving—
Towing flag.
46.44.080 Local regulations—State highway regulations.
46.44.090 Special permits for oversize or overweight movements.
46.44.091 Special permits—Gross weight limit.
46.44.092 Special permits—Overall width limits, exceptions—
Application for permit.
46.44.093 Special permits—Discretion of issuer—Conditions.
46.44.0941 Special permits—Fees.
46.44.095 Temporary additional tonnage permits—Fees.
46.44.096 Special permits—Determining fee—To whom paid.
46.44.098 Increase in federal limits on sizes and weights—Increases by
commission.
46.44.105 Enforcement procedures—Penalties—Rules.
46.44.110 Liability for damage to highways, bridges, etc.
[Title 46 RCW—page 153]
Chapter 46.44
Title 46 RCW: Motor Vehicles
46.44.120
46.44.130
Liability of owner, others, for violations.
Farm implements—Gross weight and size limitation exception—Penalty.
46.44.140 Farm implements—Special permits—Penalty.
46.44.150 Highway improvement vehicles—Gross weight limit excesses authorized—Limitations.
46.44.170 Mobile home or park model trailer movement special permit
and decal—Certification of taxes paid—License plates—
Rules.
46.44.173 Notice to treasurer and assessor of county where mobile
home or park trailer to be located.
46.44.175 Penalties—Hearing.
46.44.180 Operation of mobile home pilot vehicle without insurance
unlawful—Amounts—Exception—Penalty.
46.44.190 Fire-fighting apparatus.
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Traffic infractions—Monetary penalty schedule—IRLJ 6.2.
Auto transportation companies: Chapter 81.68 RCW.
Permitting escape of load materials: RCW 46.61.655.
46.44.010 Outside width limit. The total outside
width of any vehicle or load thereon shall not exceed eight
and one-half feet: PROVIDED, That no rear vision mirror
may extend more than five inches beyond the extreme limits
of the body: PROVIDED FURTHER, That excluded from
this calculation of width are safety appliances such as
clearance lights, rub rails, flexible fender extensions, mud
flaps, and splash and spray suppressant devices, and appurtenances such as door handles, door hinges, and turning signal
brackets and such other safety appliances and appurtenances
as the department may determine are necessary for the safe
and efficient operation of motor vehicles: AND PROVIDED
FURTHER, That no appliances or appurtenances may extend
more than three inches beyond the extreme limits of the
body. [1997 c 63 § 1; 1983 c 278 § 1; 1961 c 12 §
46.44.010. Prior: 1947 c 200 § 4; 1937 c 189 § 47; Rem.
Supp. 1947 § 6360-47; 1923 c 181 § 4, part; RRS § 6362-8,
part.]
46.44.015 Tow truck exemptions. The limitations of
RCW 46.44.010, 46.44.020, 46.44.030, 46.44.034, 46.44.041,
46.44.042, 46.44.050, and 46.44.080 do not apply to the
movement of a tow truck, as defined in RCW 46.55.010, if
the tow truck is performing the initial tow truck service, as
defined in RCW 46.55.010, regardless of the destination, for
a vehicle disabled on the public streets and highways of this
state: PROVIDED, That an overweight permit has been
obtained by the tow truck operator with such permit being
available on a twenty-four hour basis by telephone. [1991
c 276 § 1.]
46.44.020 Maximum height—Impaired clearance
signs. It is unlawful for any vehicle unladen or with load to
exceed a height of fourteen feet above the level surface upon
which the vehicle stands. This height limitation does not
apply to authorized emergency vehicles or repair equipment
of a public utility engaged in reasonably necessary operation.
The provisions of this section do not relieve the owner or
operator of a vehicle or combination of vehicles from the
exercise of due care in determining that sufficient vertical
clearance is provided upon the public highways where the
vehicle or combination of vehicles is being operated; and no
liability may attach to the state or to any county, city, town,
[Title 46 RCW—page 154]
or other political subdivision by reason of any damage or
injury to persons or property by reason of the existence of
any structure over or across any public highway where the
vertical clearance above the roadway is fourteen feet or
more; or, where the vertical clearance is less than fourteen
feet, if impaired clearance signs of a design approved by the
state department of transportation are erected and maintained
on the right side of any such public highway in accordance
with the manual of uniform traffic control devices for streets
and highways as adopted by the state department of transportation under chapter 47.36 RCW. If any structure over or
across any public highway is not owned by the state or by
a county, city, town, or other political subdivision, it is the
duty of the owner thereof when billed therefor to reimburse
the state department of transportation or the county, city,
town, or other political subdivision having jurisdiction over
the highway for the actual cost of erecting and maintaining
the impaired clearance signs, but no liability may attach to
the owner by reason of any damage or injury to persons or
property caused by impaired vertical clearance above the
roadway. [1984 c 7 § 52; 1977 c 81 § 1; 1975-’76 2nd ex.s.
c 64 § 7; 1971 ex.s. c 248 § 1; 1965 c 43 § 1; 1961 c 12 §
46.44.020. Prior: 1959 c 319 § 26; 1955 c 384 § 1; 1953
c 125 § 1; 1951 c 269 § 20; 1937 c 189 § 48; RRS § 636048.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.030 Maximum lengths. It is unlawful for any
person to operate upon the public highways of this state any
vehicle having an overall length, with or without load, in
excess of forty feet. This restriction does not apply to (1) a
municipal transit vehicle, (2) auto stage, private carrier bus,
school bus, or motor home with an overall length not to
exceed forty-six feet, or (3) an articulated auto stage with an
overall length not to exceed sixty-one feet.
It is unlawful for any person to operate upon the public
highways of this state any combination consisting of a
tractor and semitrailer that has a semitrailer length in excess
of fifty-three feet or a combination consisting of a tractor
and two trailers in which the combined length of the trailers
exceeds sixty-one feet, with or without load.
It is unlawful for any person to operate on the highways
of this state any combination consisting of a truck and
trailer, or log truck and stinger-steered pole trailer, with an
overall length, with or without load, in excess of seventyfive feet. However, a combination of vehicles transporting
automobiles or boats may have a front overhang of three feet
and a rear overhang of four feet beyond this allowed length.
"Stinger-steered," as used in this section, means the coupling
device is located behind the tread of the tires of the last axle
of the towing vehicle.
These length limitations do not apply to vehicles
transporting poles, pipe, machinery, or other objects of a
structural nature that cannot be dismembered and operated
by a public utility when required for emergency repair of
public service facilities or properties, but in respect to night
transportation every such vehicle and load thereon shall be
equipped with a sufficient number of clearance lamps on
(2002 Ed.)
Size, Weight, Load
both sides and marker lamps upon the extreme ends of any
projecting load to clearly mark the dimensions of the load.
The length limitations described in this section are
exclusive of safety and energy conservation devices, such as
mud flaps and splash and spray suppressant devices, refrigeration units or air compressors, and other devices that the
department determines to be necessary for safe and efficient
operation of commercial vehicles. No device excluded under
this paragraph from the limitations of this section may have,
by its design or use, the capability to carry cargo. [2000 c
102 § 1; 1995 c 26 § 1; 1994 c 59 § 2; 1993 c 301 § 1;
1991 c 113 § 1; 1990 c 28 § 1; 1985 c 351 § 1; 1984 c 104
§ 1; 1983 c 278 § 2; 1979 ex.s. c 113 § 4; 1977 ex.s. c 64
§ 1; 1975-’76 2nd ex.s. c 53 § 1; 1974 ex.s. c 76 § 2; 1971
ex.s. c 248 § 2; 1967 ex.s. c 145 § 61; 1963 ex.s. c 3 § 52;
1961 ex.s. c 21 § 36; 1961 c 12 § 46.44.030. Prior: 1959
c 319 § 25; 1957 c 273 § 14; 1951 c 269 § 22; prior: 1949
c 221 § 1, part; 1947 c 200 § 5, part; 1941 c 116 § 1, part;
1937 c 189 § 49, part; Rem. Supp. 1949 § 6360-49, part.]
Effective date—1995 c 26: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect June 1,
1995." [1995 c 26 § 2.]
Severability—1967 ex.s. c 145: See RCW 47.98.043.
46.44.034 Maximum lengths—Front and rear
protrusions. (1) The load, or any portion of any vehicle,
operated alone upon the public highway of this state, or the
load, or any portion of the front vehicle of a combination of
vehicles, shall not extend more than three feet beyond the
front wheels of such vehicle, or the front bumper, if
equipped with front bumper. This subsection does not apply
to a front-loading garbage truck or recycling truck while on
route and actually engaged in the collection of solid waste or
recyclables at speeds of twenty miles per hour or less.
(2) No vehicle shall be operated upon the public
highways with any part of the permanent structure or load
extending in excess of fifteen feet beyond the center of the
last axle of such vehicle. This subsection does not apply to
"specialized equipment" designated under 49 U.S.C. Sec.
2311 that is operated on the interstate highway system, those
designated portions of the federal-aid primary system, and
routes constituting reasonable access from such highways to
terminals and facilities for food, fuel, repairs, and rest.
[1997 c 191 § 1; 1991 c 143 § 1; 1961 c 12 § 46.44.034.
Prior: 1957 c 273 § 15; 1951 c 269 § 24; prior: 1949 c 221
§ 1, part; 1947 c 200 § 5, part; 1941 c 116 § 1, part; 1937
c 189 § 49, part; Rem. Supp. 1949 § 6360-49, part.]
46.44.036 Combination of units—Limitation.
Except as provided in RCW 46.44.037, it is unlawful for any
person to operate upon the public highways of this state any
combination of vehicles consisting of more than two vehicles. For the purposes of this section a truck tractor-semitrailer or pole trailer combination will be considered as two
vehicles but the addition of another axle to the tractor of a
truck tractor-semitrailer or pole trailer combination in such
a way that it supports a proportional share of the load of the
semitrailer or pole trailer shall not be deemed a separate
vehicle but shall be considered a part of the truck tractor.
For the purposes of this section a converter gear used in
converting a semitrailer to a full trailer shall not be deemed
(2002 Ed.)
46.44.030
a separate vehicle but shall be considered a part of the
trailer. [1975-’76 2nd ex.s. c 64 § 8; 1961 c 12 § 46.44.036.
Prior: 1955 c 384 § 2; 1951 c 269 § 23; prior: 1949 c 221
§ 1, part; 1947 c 200 § 5, part; 1941 c 116 § 1, part; 1937
c 189 § 49, part; Rem. Supp. 1949 § 6360-49, part.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.037 Combination of units—Lawful operations.
Notwithstanding the provisions of RCW 46.44.036 and
subject to such rules and regulations governing their operation as may be adopted by the state department of transportation, operation of the following combinations is lawful:
(1) A combination consisting of a truck tractor, a
semitrailer, and another semitrailer or a full trailer. In this
combination a converter gear used to convert a semitrailer
into a full trailer shall be considered to be a part of the full
trailer and not a separate vehicle. A converter gear being
pulled without load and not used to convert a semitrailer into
a full trailer may be substituted in lieu of a full trailer or a
semitrailer in any lawful combination;
(2) A combination not exceeding seventy-five feet in
overall length consisting of four trucks or truck tractors used
in driveaway service where three of the vehicles are towed
by the fourth in triple saddlemount position;
(3) A combination consisting of a truck tractor carrying
a freight compartment no longer than eight feet, a semitrailer, and another semitrailer or full trailer that meets the legal
length requirement for a truck and trailer combination set
forth in RCW 46.44.030. [1991 c 143 § 2; 1985 c 351 § 2;
1984 c 7 § 53; 1979 ex.s. c 149 § 3; 1975-’76 2nd ex.s. c 64
§ 9; 1965 ex.s. c 170 § 37; 1963 ex.s. c 3 § 53; 1961 c 12
§ 46.44.037. Prior: 1957 c 273 § 16; 1955 c 384 § 3.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.041 Maximum gross weights—Wheelbase and
axle factors. No vehicle or combination of vehicles shall
operate upon the public highways of this state with a gross
load on any single axle in excess of twenty thousand pounds,
or upon any group of axles in excess of that set forth in the
following table, except that two consecutive sets of tandem
axles may carry a gross load of thirty-four thousand pounds
each, if the overall distance between the first and last axles
of such consecutive sets of tandem axles is thirty-six feet or
more.
Distance
in feet
between
the extremes
of any
group
of 2
or more
consecutive
axles
4
5
6
Maximum load in pounds
carried on any group of 2
or more consecutive axles
2
axles
3
axles
4
axles
5
axles
6
axles
7
axles
8
axles
9
axles
34,000
34,000
34,000
[Title 46 RCW—page 155]
46.44.041
7
34,000
8 & less
34,000
more than 8
38,000
9
39,000
10
40,000
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86 or more
Title 46 RCW: Motor Vehicles
34,000
42,000
42,500
43,500
44,000
45,000
45,500
46,500
47,000
48,000
48,500
49,500
50,000
51,000
51,500
52,500
53,000
54,000
54,500
55,500
56,000
57,000
57,500
58,500
59,000
60,000
50,000
50,500
51,500
52,000
52,500
53,500
54,000
54,500
55,500
56,000
56,500
57,500
58,000
58,500
59,500
60,000
60,500
61,500
62,000
62,500
63,500
64,000
64,500
65,500
66,000
66,500
67,500
68,000
68,500
69,500
70,000
70,500
71,500
72,000
72,500
73,500
74,000
74,500
75,500
76,000
76,500
77,500
78,000
78,500
79,500
80,000
[Title 46 RCW—page 156]
58,000
58,500
59,000
60,000
60,500
61,000
61,500
62,500
63,000
63,500
64,000
65,000
65,500
66,000
66,500
67,500
68,000
68,500
69,000
70,000
70,500
71,000
71,500
72,500
73,000
73,500
74,000
75,000
75,500
76,000
76,500
77,500
78,000
78,500
79,000
80,000
80,500
81,000
81,500
82,500
83,000
83,500
84,000
85,000
85,500
86,000
86,500
87,500
88,000
88,500
89,000
90,000
90,500
91,000
91,500
92,500
93,000
93,500
94,000
95,000
95,500
96,000
96,500
97,500
98,000
98,500
99,000
100,000
66,000
66,500
67,000
68,000
68,500
69,000
69,500
70,000
71,000
71,500
72,000
72,500
73,000
74,000
74,500
75,000
75,500
76,000
77,000
77,500
78,000
78,500
79,000
80,000
80,500
81,000
81,500
82,000
83,000
83,500
84,000
84,500
85,000
86,000
86,500
87,000
87,500
88,000
89,000
89,500
90,000
90,500
91,000
92,000
92,500
93,000
93,500
94,000
95,000
95,500
96,000
96,500
97,000
98,000
98,500
99,000
99,500
100,000
101,000
101,500
102,000
102,500
103,000
104,000
104,500
105,000
105,500
74,000
74,500
75,000
75,500
76,500
77,000
77,500
78,000
78,500
79,000
80,000
80,500
81,000
81,500
82,000
82,500
83,500
84,000
84,500
85,000
85,500
86,000
87,000
87,500
88,000
88,500
89,000
89,500
90,500
91,000
91,500
92,000
92,500
93,000
94,000
94,500
95,000
95,500
96,000
96,500
97,500
98,000
98,500
99,000
99,500
100,000
101,000
101,500
102,000
102,500
103,000
103,500
104,500
105,000
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
82,000
82,500
83,000
83,500
84,500
85,000
85,500
86,000
86,500
87,000
87,500
88,500
89,000
89,500
90,000
90,500
91,000
91,500
92,500
93,000
93,500
94,000
94,500
95,000
95,500
96,500
97,000
97,500
98,000
98,500
99,000
99,500
100,500
101,000
101,500
102,000
102,500
103,000
103,500
104,500
105,000
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
90,000
90,500
91,000
91,500
92,000
93,000
93,500
94,000
94,500
95,000
95,500
96,000
96,500
97,500
98,000
98,500
99,000
99,500
100,000
100,500
101,000
102,000
102,500
103,000
103,500
104,000
104,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
When inches are involved: Under six inches take lower, six
inches or over take higher. The maximum load on any axle
in any group of axles shall not exceed the single axle or
tandem axle allowance as set forth in the table above.
The maximum axle and gross weights specified in this
section are subject to the braking requirements set up for the
service brakes upon any motor vehicle or combination of
vehicles as provided by law.
Loads of not more than eighty thousand pounds which
may be legally hauled in the state bordering this state which
also has a sales tax, are legal in this state when moving to
a port district within four miles of the bordering state except
on the interstate system. This provision does not allow the
operation of a vehicle combination consisting of a truck
tractor and three trailers.
Notwithstanding anything contained herein, a vehicle or
combination of vehicles in operation on January 4, 1975,
may operate upon the public highways of this state, including the interstate system within the meaning of section 127
of Title 23, United States Code, with an overall gross weight
upon a group of two consecutive sets of dual axles which
was lawful in this state under the laws, regulations, and
procedures in effect in this state on January 4, 1975. [1997
c 198 § 1; 1995 c 171 § 1. Prior: 1993 c 246 § 1; 1993 c
102 § 3; prior: 1988 c 229 § 1; 1988 c 6 § 2; 1985 c 351
§ 3; 1977 c 81 § 2; 1975-’76 2nd ex.s. c 64 § 22.]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note
following RCW 46.16.070.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.042 Maximum gross weights—Axle and tire
factors. Subject to the maximum gross weights specified in
RCW 46.44.041, it is unlawful to operate any vehicle upon
the public highways with a gross weight, including load,
upon any tire concentrated upon the surface of the highway
in excess of six hundred pounds per inch width of such tire.
An axle manufactured after July 31, 1993, carrying more
than ten thousand pounds gross weight must be equipped
with four or more tires. Effective January 1, 1997, an axle
carrying more than ten thousand pounds gross weight must
have four or more tires, regardless of date of manufacture.
Instead of the four or more tires per axle requirements of
this section, an axle may be equipped with two tires limited
to five hundred pounds per inch width of tire. This section
does not apply to vehicles operating under oversize or
overweight permits, or both, issued under RCW 46.44.090,
while carrying a nonreducible load.
The following equipment may operate at six hundred
pounds per inch width of tire: (1) A nonliftable steering
axle or axles on the power unit; (2) a tiller axle on fire
fighting apparatus; (3) a rear booster trailing axle equipped
with two tires on a ready-mix concrete transit truck; and (4)
a straddle trailer manufactured before January 1, 1996,
equipped with single-tire axles or a single axle using a
walking beam supported by two in-line single tires and used
exclusively for the transport of fruit bins between field, storage, and processing. A straddle trailer manufactured after
January 1, 1996, meeting this use criteria may carry five
hundred fifteen pounds per inch width of tire on sixteen and
one-half inch wide tires.
(2002 Ed.)
Size, Weight, Load
For the purpose of this section, the width of tire in case
of solid rubber or hollow center cushion tires, so long as the
use thereof may be permitted by the law, shall be measured
between the flanges of the rim. For the purpose of this
section, the width of tires in case of pneumatic tires shall be
the maximum overall normal inflated width as stipulated by
the manufacturer when inflated to the pressure specified and
without load thereon.
The department of transportation, under rules adopted by
the transportation commission with respect to state highways,
and a local authority, with respect to a public highway under
its jurisdiction, may extend the weight table in RCW
46.44.041 to one hundred fifteen thousand pounds. However, the extension must be in compliance with federal law,
and vehicles operating under the extension must be in full
compliance with the 1997 axle and tire requirements under
this section. [1996 c 116 § 1; 1993 c 103 § 1; 1985 c 351
§ 4; 1975-’76 2nd ex.s. c 64 § 10; 1961 c 12 § 46.44.042.
Prior: 1959 c 319 § 27; 1951 c 269 § 27; prior: 1949 c 221
§ 2, part; 1947 c 200 § 6, part; 1941 c 116 § 2, part; 1937
c 189 § 50, part; Rem. Supp. 1949 § 6360-50, part; 1929 c
180 § 3, part; 1927 c 309 § 8, part; 1923 c 181 § 4, part;
1921 c 96 § 20, part; RRS § 6362-8, part.]
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.043 Cement trucks—Axle loading controls.
The switch that controls the raising and lowering of the
retractable rear booster or tag axle on a ready-mix cement
truck may be located within the reach of the driver’s
compartment as long as the variable control, used to adjust
axle loadings by regulating air pressure or by other means,
is out of the reach of the driver’s compartment. [1994 c 305
§ 1.]
46.44.047 Excess weight—Logging trucks—Special
permits—County or city permits—Fees—Discretion of
arresting officer. A three axle truck tractor and a two axle
pole trailer combination engaged in the operation of hauling
logs may exceed by not more than six thousand eight
hundred pounds the legal gross weight of the combination of
vehicles when licensed, as permitted by law, for sixty-eight
thousand pounds: PROVIDED, That the distance between
the first and last axle of the vehicles in combination shall
have a total wheelbase of not less than thirty-seven feet, and
the weight upon two axles spaced less than seven feet apart
shall not exceed thirty-three thousand six hundred pounds.
Such additional allowances shall be permitted by a
special permit to be issued by the department of transportation valid only on state primary or secondary highways authorized by the department and under such rules, regulations,
terms, and conditions prescribed by the department. The fee
for such special permit shall be fifty dollars for a twelvemonth period beginning and ending on April 1st of each
calendar year. Permits may be issued at any time, but if issued after July 1st of any year the fee shall be thirty-seven
dollars and fifty cents. If issued on or after October 1st the
fee shall be twenty-five dollars, and if issued on or after
January 1st the fee shall be twelve dollars and fifty cents.
A copy of such special permit covering the vehicle involved
shall be carried in the cab of the vehicle at all times. Upon
(2002 Ed.)
46.44.042
the third offense within the duration of the permit for
violation of the terms and conditions of the special permit,
the special permit shall be canceled. The vehicle covered by
such canceled special permit shall not be eligible for a new
special permit until thirty days after the cancellation of the
special permit issued to said vehicle. The fee for such
renewal shall be at the same rate as set forth in this section
which covers the original issuance of such special permit.
Each special permit shall be assigned to a three-axle truck
tractor in combination with a two-axle pole trailer. When
the department issues a duplicate permit to replace a lost or
destroyed permit and where the department transfers a
permit, a fee of fourteen dollars shall be charged for each
such duplicate issued or each such transfer.
All fees collected hereinabove shall be deposited with
the state treasurer and credited to the motor vehicle fund.
Permits involving city streets or county roads or using
city streets or county roads to reach or leave state highways,
authorized for permit by the department may be issued by
the city or county or counties involved. A fee of five dollars
for such city or county permit may be assessed by the city
or by the county legislative authority which shall be deposited in the city or county road fund. The special permit
provided for herein shall be known as a "log tolerance
permit" and shall designate the route or routes to be used,
which shall first be approved by the city or county engineer
involved. Authorization of additional route or routes may be
made at the discretion of the city or county by amending the
original permit or by issuing a new permit. Said permits
shall be issued on a yearly basis expiring on March 31st of
each calendar year. Any person, firm, or corporation who
uses any city street or county road for the purpose of
transporting logs with weights authorized by state highway
log tolerance permits, to reach or leave a state highway
route, without first obtaining a city or county permit when
required by the city or the county legislative authority shall
be subject to the penalties prescribed by RCW 46.44.105.
For the purpose of determining gross weight the actual scale
weight taken by the officer shall be prima facie evidence of
such total gross weight. In the event the gross weight is in
excess of the weight permitted by law, the officer may,
within his discretion, permit the operator to proceed with his
vehicles in combination.
The chief of the state patrol, with the advice of the
department, may make reasonable rules and regulations to
aid in the enforcement of the provisions of this section.
[1994 c 172 § 1; 1979 ex.s. c 136 § 74; 1975-’76 2nd ex.s.
c 64 § 11; 1973 1st ex.s. c 150 § 2; 1971 ex.s. c 249 § 2;
1961 ex.s. c 21 § 35; 1961 c 12 § 46.44.047. Prior: 1955
c 384 § 19; 1953 c 254 § 10; 1951 c 269 § 31.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.049 Effect of weight on highways—Study
authorized. The department of transportation may make
and enter into agreements with the federal government or
any state or group of states or agencies thereof, or any
nonprofit association, on a joint or cooperative basis, to
study, analyze, or test the effects of weight on highway
construction. The studies or tests may be made either by
[Title 46 RCW—page 157]
46.44.049
Title 46 RCW: Motor Vehicles
designating existing highways or the construction of test
strips including natural resource roads to the end that a
proper solution of the many problems connected with the
imposition on highways of motor vehicle weights may be
determined.
The studies may include the determination of values to
be assigned various highway-user groups according to their
gross weight or use. [1984 c 7 § 54; 1961 c 12 § 46.44.049.
Prior: 1951 c 269 § 47.]
Severability—1984 c 7: See note following RCW 47.01.141.
46.44.050 Minimum length of wheelbase. It shall be
unlawful to operate any vehicle upon public highways with
a wheelbase between any two axles thereof of less than three
feet, six inches when weight exceeds that allowed for one
axle under RCW 46.44.042 or 46.44.041. It shall be
unlawful to operate any motor vehicle upon the public highways of this state with a wheelbase between the frontmost
axle and the rearmost axle of less than three feet, six inches:
PROVIDED, That the minimum wheelbase for mopeds is
thirty-eight inches.
For the purposes of this section, wheelbase shall be
measured upon a straight line from center to center of the
vehicle axles designated. [1979 ex.s. c 213 § 7; 1975-’76
2nd ex.s. c 64 § 12; 1961 c 12 § 46.44.050. Prior: 1941 c
116 § 3; 1937 c 189 § 51; Rem. Supp. 1941 § 6360-51;
1929 c 180 § 3, part; 1927 c 309 § 8, part; 1923 c 181 § 4,
part; RRS § 6362-8, part.]
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.060 Outside load limits for passenger vehicles.
No passenger type vehicle shall be operated on any public
highway with any load carried thereon extending beyond the
line of the fenders on the left side of such vehicle nor
extending more than six inches beyond the line of the
fenders on the right side thereof. [1961 c 12 § 46.44.060.
Prior: 1937 c 189 § 52; RRS § 6360-52; 1929 c 180 § 5,
part; 1927 c 309 § 10, part; RRS § 6362-10, part.]
46.44.070 Drawbar requirements—Trailer whipping
or weaving—Towing flag. The drawbar or other connection between vehicles in combination shall be of sufficient
strength to hold the weight of the towed vehicle on any
grade where operated. No trailer shall whip, weave or
oscillate or fail to follow substantially in the course of the
towing vehicle. When a disabled vehicle is being towed by
means of bar, chain, rope, cable or similar means and the
distance between the towed vehicle and the towing vehicle
exceeds fifteen feet there shall be fastened on such connection in approximately the center thereof a white flag or cloth
not less than twelve inches square. [1961 c 12 § 46.44.070.
Prior: 1937 c 189 § 53; RRS § 6360-53; 1929 c 180 § 5,
part; 1927 c 309 § 10, part; RRS § 6362-10, part; 1923 c
181 § 4, part.]
46.44.080 Local regulations—State highway regulations. Local authorities with respect to public highways
under their jurisdiction may prohibit the operation thereon of
motor trucks or other vehicles or may impose limits as to the
weight thereof, or any other restrictions as may be deemed
[Title 46 RCW—page 158]
necessary, whenever any such public highway by reason of
rain, snow, climatic or other conditions, will be seriously
damaged or destroyed unless the operation of vehicles
thereon be prohibited or restricted or the permissible weights
thereof reduced: PROVIDED, That whenever a highway has
been closed generally to vehicles or specified classes of
vehicles, local authorities shall by general rule or by special
permit authorize the operation thereon of school buses,
emergency vehicles, and motor trucks transporting perishable
commodities or commodities necessary for the health and
welfare of local residents under such weight and speed
restrictions as the local authorities deem necessary to protect
the highway from undue damage: PROVIDED FURTHER,
That the governing authorities of incorporated cities and
towns shall not prohibit the use of any city street designated
by the transportation commission as forming a part of the
route of any primary state highway through any such
incorporated city or town by vehicles or any class of
vehicles or impose any restrictions or reductions in permissible weights unless such restriction, limitation, or
prohibition, or reduction in permissible weights be first
approved in writing by the department of transportation.
The local authorities imposing any such restrictions or
limitations, or prohibiting any use or reducing the permissible weights shall do so by proper ordinance or resolution and
shall erect or cause to be erected and maintained signs
designating the provisions of the ordinance or resolution in
each end of the portion of any public highway affected
thereby, and no such ordinance or resolution shall be
effective unless and until such signs are erected and maintained.
The department shall have the same authority as
hereinabove granted to local authorities to prohibit or restrict
the operation of vehicles upon state highways. The department shall give public notice of closure or restriction. The
department may issue special permits for the operation of
school buses and motor trucks transporting perishable
commodities or commodities necessary for the health and
welfare of local residents under specified weight and speed
restrictions as may be necessary to protect any state highway
from undue damage. [1977 ex.s. c 151 § 29; 1973 2nd ex.s.
c 15 § 1; 1961 c 12 § 46.44.080. Prior: 1937 c 189 § 54;
RRS § 6360-54.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Highway and street closures authorized—Notice: Chapter 47.48 RCW.
46.44.090 Special permits for oversize or overweight
movements. The department of transportation, pursuant to
rules adopted by the transportation commission with respect
to state highways, and local authorities, with respect to
public highways under their jurisdiction, may, upon application in writing and good cause being shown therefor, issue
a special permit in writing, or electronically, authorizing the
applicant to operate or move a vehicle or combination of
vehicles of a size, weight of vehicle, or load exceeding the
maximum set forth in RCW 46.44.010, 46.44.020, 46.44.030,
46.44.034, and 46.44.041 upon any public highway under the
jurisdiction of the authority granting such permit and for the
maintenance of which such authority is responsible. [2001
(2002 Ed.)
Size, Weight, Load
c 262 § 1; 1977 ex.s. c 151 § 30; 1975-’76 2nd ex.s. c 64 §
13; 1961 c 12 § 46.44.090. Prior: 1951 c 269 § 34; prior:
1949 c 221 § 3, part; 1947 c 200 § 7, part; 1945 c 177 § 1,
part; 1937 c 189 § 55, part; Rem. Supp. 1949 § 6360-55,
part.]
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.091 Special permits—Gross weight limit. (1)
Except as otherwise provided in subsections (3) and (4) of
this section, no special permit shall be issued for movement
on any state highway or route of a state highway within the
limits of any city or town where the gross weight, including
load, exceeds the following limits:
(a) Twenty-two thousand pounds on a single axle or on
dual axles with a wheelbase between the first and second
axles of less than three feet six inches;
(b) Forty-three thousand pounds on dual axles having a
wheelbase between the first and second axles of not less than
three feet six inches but less than seven feet;
(c) On any group of axles or in the case of a vehicle
employing two single axles with a wheel base between the
first and last axle of not less than seven feet but less than ten
feet, a weight in pounds determined by multiplying six thousand five hundred times the distance in feet between the
center of the first axle and the center of the last axle of the
group;
(d) On any group of axles with a wheel base between
the first and last axle of not less than ten feet but less than
thirty feet, a weight in pounds determined by multiplying
two thousand two hundred times the sum of twenty and the
distance in feet between the center of the first axle and the
center of the last axle of the group;
(e) On any group of axles with a wheel base between
the first and last axle of thirty feet or greater, a weight in
pounds determined by multiplying one thousand six hundred
times the sum of forty and the distance in feet between the
center of the first axle and the center of the last axle of the
group.
(2) The total weight of a vehicle or combination of
vehicles allowable by special permit under subsection (1) of
this section shall be governed by the lesser of the weights
obtained by using the total number of axles as a group or
any combination of axles as a group.
(3) The weight limitations pertaining to single axles may
be exceeded to permit the movement of equipment operating
upon single pneumatic tires having a rim width of twenty
inches or more and a rim diameter of twenty-four inches or
more or dual pneumatic tires having a rim width of sixteen
inches or more and a rim diameter of twenty-four inches or
more and specially designed vehicles manufactured and
certified for special permits prior to July 1, 1975.
(4) Permits may be issued for weights in excess of the
limitations contained in subsection (1) of this section on
highways or sections of highways which have been designed
and constructed for weights in excess of such limitations, or
for any shipment duly certified as necessary by military
officials, or by officials of public or private power facilities,
or when in the opinion of the department of transportation
the movement or action is a necessary movement or action:
(2002 Ed.)
46.44.090
PROVIDED, That in the judgment of the department of
transportation the structures and highway surfaces on the
routes involved are capable of sustaining weights in excess
of such limitations and it is not reasonable for economic or
operational considerations to transport such excess weights
by rail or water for any substantial distance of the total
mileage applied for.
(5) Application shall be made in writing on special
forms provided by the department of transportation and shall
be submitted at least thirty-six hours in advance of the
proposed movement. An application for a special permit for
a gross weight of any combination of vehicles exceeding two
hundred thousand pounds shall be submitted in writing to the
department of transportation at least thirty days in advance
of the proposed movement. [2001 c 262 § 2; 1989 c 52 §
1; 1977 ex.s. c 151 § 31; 1975-’76 2nd ex.s. c 64 § 14; 1975
1st ex.s. c 168 § 1; 1969 ex.s. c 281 § 30; 1961 c 12 §
46.44.091. Prior: 1959 c 319 § 28; 1953 c 254 § 12; 1951
c 269 § 35; prior: 1949 c 221 § 3, part; 1947 c 200 § 7,
part; 1945 c 177 § 1, part; 1937 c 189 § 55, part; Rem.
Supp. 1949 § 6360-55, part.]
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
Effective date—1975 1st ex.s. c 168: "This 1973 [1975] amendatory
act is necessary for the immediate preservation of the public peace, health,
and safety, the support of the state government and its existing public
institutions, and shall take effect July 1, 1975." [1975 1st ex.s. c 168 § 4.]
46.44.092 Special permits—Overall width limits,
exceptions—Application for permit. Special permits may
not be issued for movements on any state highway outside
the limits of any city or town in excess of the following
widths:
On two-lane highways, fourteen feet;
On multiple-lane highways where a physical barrier
serving as a median divider separates opposing traffic lanes,
twenty feet;
On multiple-lane highways without a physical barrier
serving as a median divider, thirty-two feet.
These limits apply except under the following conditions:
(1) In the case of buildings, the limitations referred to
in this section for movement on any two lane state highway
other than the national system of interstate and defense
highways may be exceeded under the following conditions:
(a) Controlled vehicular traffic shall be maintained in one
direction at all times; (b) the maximum distance of movement shall not exceed five miles; additional contiguous
permits shall not be issued to exceed the five-mile limit:
PROVIDED, That when the department of transportation,
pursuant to general rules adopted by the transportation
commission, determines a hardship would result, this limitation may be exceeded upon approval of the department of
transportation; (c) prior to issuing a permit a qualified
transportation department employee shall make a visual
inspection of the building and route involved determining
that the conditions listed herein shall be complied with and
that structures or overhead obstructions may be cleared or
moved in order to maintain a constant and uninterrupted
movement of the building; (d) special escort or other
[Title 46 RCW—page 159]
46.44.092
Title 46 RCW: Motor Vehicles
precautions may be imposed to assure movement is made
under the safest possible conditions, and the Washington
state patrol shall be advised when and where the movement
is to be made;
(2) Permits may be issued for widths of vehicles in
excess of the preceding limitations on highways or sections
of highways which have been designed and constructed for
width in excess of such limitations;
(3) Permits may be issued for vehicles with a total
outside width, including the load, of nine feet or less when
the vehicle is equipped with a mechanism designed to cover
the load pursuant to RCW 46.61.655;
(4) These limitations may be rescinded when certification is made by military officials, or by officials of public or
private power facilities, or when in the opinion of the
department of transportation the movement or action is a
necessary movement or action: PROVIDED FURTHER,
That in the judgment of the department of transportation the
structures and highway surfaces on the routes involved are
capable of sustaining widths in excess of such limitation;
(5) These limitations shall not apply to movement
during daylight hours on any two lane state highway where
the gross weight, including load, does not exceed eighty
thousand pounds and the overall width of load does not
exceed sixteen feet: PROVIDED, That the minimum and
maximum speed of such movements, prescribed routes of
such movements, the times of such movements, limitation
upon frequency of trips (which limitation shall be not less
than one per week), and conditions to assure safety of traffic
may be prescribed by the department of transportation or
local authority issuing such special permit.
The applicant for any special permit shall specifically
describe the vehicle or vehicles and load to be operated or
moved and the particular state highways for which permit to
operate is requested and whether such permit is requested for
a single trip or for continuous operation. [1989 c 398 § 2;
1981 c 63 § 1; 1977 ex.s. c 151 § 32; 1975-’76 2nd ex.s. c
64 § 15; 1970 ex.s. c 9 § 1; 1969 ex.s. c 281 § 60; 1965
ex.s. c 170 § 39; 1963 ex.s. c 3 § 54; 1961 c 12 §
46.44.092. Prior: 1959 c 319 § 29; 1955 c 146 § 2; 1951
c 269 § 36; prior: 1949 c 221 § 3, part; 1947 c 200 § 7,
part; 1945 c 177 § 1, part; 1937 c 189 § 55, part; Rem.
Supp. 1949 § 6360-55, part.]
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.093 Special permits—Discretion of issuer—
Conditions. The department of transportation or the local
authority is authorized to issue or withhold such special
permit at its discretion, although where a mobile home is
being moved, the verification of a valid license under chapter
46.70 RCW as a mobile home dealer or manufacturer, or
under chapter 46.76 RCW as a transporter, shall be done by
the department or local government. If the permit is issued,
the department or local authority may limit the number of
trips, establish seasonal or other time limitations within
which the vehicle described may be operated on the public
highways indicated, or otherwise limit or prescribe conditions of operation of the vehicle or vehicles when necessary
to assure against undue damage to the road foundation,
[Title 46 RCW—page 160]
surfaces, or structures or safety of traffic and may require
such undertaking or other security as may be deemed
necessary to compensate for injury to any roadway or road
structure. [1988 c 239 § 3; 1984 c 7 § 55; 1961 c 12 §
46.44.093. Prior: 1951 c 269 § 37; prior: 1949 c 221 § 3,
part; 1947 c 200 § 7, part; 1945 c 177 § 1, part; 1937 c 189
§ 55, part; Rem. Supp. 1949 § 6360-55, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
46.44.0941 Special permits—Fees. The following
fees, in addition to the regular license and tonnage fees, shall
be paid for all movements under special permit made upon
state highways. All funds collected, except the amount retained by authorized agents of the department as provided in
RCW 46.44.096, shall be forwarded to the state treasury and
shall be deposited in the motor vehicle fund:
All overlegal loads, except overweight, single
trip . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10.00
Continuous operation of overlegal loads
having either overwidth or overheight
features only, for a period not to exceed
thirty days . . . . . . . . . . . . . . . . . . . . . . . $ 20.00
Continuous operations of overlegal loads
having overlength features only, for a
period not to exceed thirty days . . . . . . . . $ 10.00
Continuous operation of a combination of
vehicles having one trailing unit that
exceeds fifty-three feet and is not
more than fifty-six feet in length, for
a period of one year . . . . . . . . . . . . . . . . $ 100.00
Continuous operation of a combination of
vehicles having two trailing units
which together exceed sixty-one feet and
are not more than sixty-eight feet in
length, for a period of one year . . . . . . . . . $ 100.00
Continuous operation of a three-axle fixed
load vehicle having less than 65,000
pounds gross weight, for a period not
to exceed thirty days . . . . . . . . . . . . . . . . $ 70.00
Continuous operation of a four-axle fixed load
vehicle meeting the requirements of
RCW 46.44.091(1) and weighing less than
86,000 pounds gross weight, not to exceed
thirty days . . . . . . . . . . . . . . . . . . . . . . . $ 90.00
Continuous movement of a mobile home or manufactured
home having nonreducible features not to
exceed eighty-five feet in total length and
fourteen feet in width, for a period of
one year . . . . . . . . . . . . . . . . . . . . . . . . . $ 150.00
Continuous operation of a two or three-axle
collection truck, actually engaged in the
collection of solid waste or recyclables,
or both, under chapter 81.77 or 35.21 RCW
or by contract under RCW 36.58.090, for
one year with an additional six thousand
pounds more than the weight authorized in
RCW 46.16.070 on the rear axle of a two-axle
truck or eight thousand pounds for the tandem
axles of a three-axle truck. RCW 46.44.041
and 46.44.091 notwithstanding, the tire limits
specified in RCW 46.44.042 apply, but none of
(2002 Ed.)
Size, Weight, Load
the excess weight is valid or may be permitted
on any part of the federal interstate highway
system . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42.00
per thousand pounds
The department may issue any of the above-listed
permits that involve height, length, or width for an expanded
period of consecutive months, not to exceed one year.
Continuous operation of farm implements under a
permit issued as authorized by RCW 46.44.140 by:
(1) Farmers in the course of farming activities,
for any three-month period . . . . . . . . . . . .
(2) Farmers in the course of farming activities,
for a period not to exceed one year . . . . . .
(3) Persons engaged in the business of the
sale, repair, or maintenance of such
farm implements, for any three-month period
(4) Persons engaged in the business of the
sale, repair, or maintenance of such
farm implements, for a period not to
exceed one year . . . . . . . . . . . . . . . . . . .
$ 10.00
$ 25.00
$ 25.00
$ 100.00
Overweight Fee Schedule
Excess weight over legal capacity,
as provided in RCW 46.44.041.
0- 9,999 pounds
10,000-14,999 pounds
15,000-19,999 pounds
20,000-24,999 pounds
25,000-29,999 pounds
30,000-34,999 pounds
35,000-39,999 pounds
40,000-44,999 pounds
45,000-49,999 pounds
50,000-54,999 pounds
55,000-59,999 pounds
60,000-64,999 pounds
65,000-69,999 pounds
70,000-74,999 pounds
75,000-79,999 pounds
80,000-84,999 pounds
85,000-89,999 pounds
90,000-94,999 pounds
95,000-99,999 pounds
100,000 pounds
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$ .07
$ .14
$ .21
$ .28
$ .35
$ .49
$ .63
$ .79
$ .93
$ 1.14
$ 1.35
$ 1.56
$ 1.77
$ 2.12
$ 2.47
$ 2.82
$ 3.17
$ 3.52
$ 3.87
$ 4.25
The fee for weights in excess of 100,000 pounds is $4.25
plus fifty cents for each 5,000 pound increment or portion
thereof exceeding 100,000 pounds.
PROVIDED: (a) The minimum fee for any overweight
permit shall be $14.00, (b) the fee for issuance of a duplicate
permit shall be $14.00, (c) when computing overweight fees
prescribed in this section or in RCW 46.44.095 that result in
an amount less than even dollars the fee shall be carried to
the next full dollar if fifty cents or over and shall be reduced
to the next full dollar if forty-nine cents or under.
The fees levied in this section and RCW 46.44.095 do
not apply to vehicles owned and operated by the state of
Washington, a county within the state, a city or town or
metropolitan municipal corporation within the state, or the
federal government. [1995 c 171 § 2. Prior: 1994 c 172 §
(2002 Ed.)
46.44.0941
2; 1994 c 59 § 1; 1993 c 102 § 4; 1990 c 42 § 107; 1989 c
398 § 1; 1985 c 351 § 5; 1983 c 278 § 3; 1979 ex.s. c 113
§ 5; 1975-’76 2nd ex.s. c 64 § 16; 1975 1st ex.s. c 168 § 2;
1973 1st ex.s. c 1 § 3; 1971 ex.s. c 248 § 3; 1967 c 174 §
8; 1965 c 137 § 2.]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note
following RCW 46.16.070.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
Effective date—1975 1st ex.s. c 168: See note following RCW
46.44.091.
46.44.095 Temporary additional tonnage permits—
Fees. When a combination of vehicles has been licensed to
a total gross weight of 80,000 pounds or when a three or
more axle single unit vehicle has been licensed to a total
gross weight of 40,000 pounds, a temporary additional
tonnage permit to haul loads in excess of these limits may be
issued. This permit is valid for periods of not less than five
days at two dollars and eighty cents per day for each two
thousand pounds or fraction thereof. The fee may not be
prorated. The permits shall authorize the movement of loads
not exceeding the weight limits set forth in RCW 46.44.041
and 46.44.042. [1993 c 102 § 5; 1990 c 42 § 108; 1989 c
398 § 3; 1988 c 55 § 1; 1983 c 68 § 2; 1979 c 158 § 159;
1977 ex.s. c 151 § 33; 1975-’76 2nd ex.s. c 64 § 17; 1974
ex.s. c 76 § 1; 1973 1st ex.s. c 150 § 3; 1969 ex.s. c 281 §
55; 1967 ex.s. c 94 § 15; 1967 c 32 § 51; 1965 ex.s. c 170
§ 38; 1961 ex.s. c 7 § 15; 1961 c 12 § 46.44.095. Prior:
1959 c 319 § 31; 1957 c 273 § 18; 1955 c 185 § 1; 1953 c
254 § 13; 1951 c 269 § 39; prior: 1949 c 221 § 3, part;
1947 c 200 § 7, part; 1945 c 177 § 1, part; 1937 c 189 § 55,
part; Rem. Supp. 1949 § 6360-55, part.]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note
following RCW 46.16.070.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.096 Special permits—Determining fee—To
whom paid. In determining fees according to RCW
46.44.0941, mileage on state primary and secondary highways shall be determined from the planning survey records
of the department of transportation, and the gross weight of
the vehicle or vehicles, including load, shall be declared by
the applicant. Overweight on which fees shall be paid will
be gross loadings in excess of loadings authorized by law or
axle loadings in excess of loadings authorized by law,
whichever is the greater. Loads which are overweight and
oversize shall be charged the fee for the overweight permit
without additional fees being assessed for the oversize
features.
Special permits issued under RCW 46.44.047,
46.44.0941, or 46.44.095, may be obtained from offices of
the department of transportation, ports of entry, or other
agents appointed by the department.
[Title 46 RCW—page 161]
46.44.096
Title 46 RCW: Motor Vehicles
The department may appoint agents for the purposes of
selling special motor vehicle permits, temporary additional
tonnage permits, and log tolerance permits. Agents so
appointed may retain three dollars and fifty cents for each
permit sold to defray expenses incurred in handling and
selling the permits. If the fee is collected by the department
of transportation, the department shall certify the fee so
collected to the state treasurer for deposit to the credit of the
motor vehicle fund.
The department may select a third party contractor, by
means of competitive bid, to perform the department’s
permit issuance function, as provided under RCW 46.44.090.
Factors the department shall consider, but is not limited to,
in the selection of a third party contractor are economic
benefit to both the department and the motor carrier industry,
and enhancement of the overall level of permit service. For
purposes of this section, "third party contractor" means a
business entity that is authorized by the department to issue
special permits. The transportation commission may adopt
rules specifying the criteria that a business entity must meet
in order to qualify as a third party contractor under this
section.
Fees established in RCW 46.44.0941 shall be paid to the
political body issuing the permit if the entire movement is to
be confined to roads, streets, or highways for which that
political body is responsible. When a movement involves a
combination of state highways, county roads, and/or city
streets the fee shall be paid to the state department of
transportation. When a movement is confined within the city
limits of a city or town upon city streets, including routes of
state highways on city streets, all fees shall be paid to the
city or town involved. A permit will not be required from
city or town authorities for a move involving a combination
of city or town streets and state highways when the move
through a city or town is being confined to the route of the
state highway. When a move involves a combination of
county roads and city streets the fee shall be paid to the
county authorities, but the fee shall not be collected nor the
county permit issued until valid permits are presented
showing that the city or town authorities approve of the
move in question. When the movement involves only
county roads the fees collected shall be paid to the county
involved. Fees established shall be paid to the political body
issuing the permit if the entire use of the vehicle during the
period covered by the permit shall be confined to the roads,
streets, or highways for which that political body is responsible. [1996 c 92 § 1; 1993 c 102 § 6; 1989 c 398 § 4; 1984
c 7 § 56; 1975-’76 2nd ex.s. c 64 § 18; 1971 ex.s. c 248 §
4; 1969 ex.s. c 281 § 31; 1961 c 12 § 46.44.096. Prior:
1955 c 185 § 2; 1951 c 269 § 40; prior: 1949 c 221 § 3,
part; 1947 c 200 § 7, part; 1945 c 177 § 1, part; 1937 c 189
§ 55, part; Rem. Supp. 1949 § 6360-55, part.]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note
following RCW 46.16.070.
Severability—1984 c 7: See note following RCW 47.01.141.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.098 Increase in federal limits on sizes and
weights—Increases by commission. If the congress of the
United States further amends section 127, Title 23 of the
United States Code, authorizing increased sizes and weights,
[Title 46 RCW—page 162]
the Washington state department of transportation may
authorize the operation of vehicles and combinations of
vehicles upon completed portions of the interstate highway
system and other designated state highways if determined to
be capable of accommodating the increased sizes and
weights in excess of those prescribed in RCW 46.44.041, or
as provided in RCW 46.44.010 and 46.44.037. The permitted increases shall not in any way exceed the federal limits
which would jeopardize the state’s allotment of federal
funds. [1984 c 7 § 57; 1975-’76 2nd ex.s. c 64 § 19; 1965
c 38 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.105 Enforcement procedures—Penalties—
Rules. (1) Violation of any of the provisions of this chapter
is a traffic infraction, and upon the first finding thereof shall
be assessed a basic penalty of not less than fifty dollars; and
upon a second finding thereof shall be assessed a basic
penalty of not less than seventy-five dollars; and upon a
third or subsequent finding shall be assessed a basic penalty
of not less than one hundred dollars.
(2) In addition to the penalties imposed in subsection (1)
of this section, any person violating RCW 46.44.041,
46.44.042, 46.44.047, 46.44.090, 46.44.091, or 46.44.095
shall be assessed a penalty for each pound overweight, as
follows:
(a) One pound through four thousand pounds overweight
is three cents for each pound;
(b) Four thousand one pounds through ten thousand
pounds overweight is one hundred twenty dollars plus twelve
cents per pound for each additional pound over four thousand pounds overweight;
(c) Ten thousand one pounds through fifteen thousand
pounds overweight is eight hundred forty dollars plus sixteen
cents per pound for each additional pound over ten thousand
pounds overweight;
(d) Fifteen thousand one pounds through twenty
thousand pounds overweight is one thousand six hundred
forty dollars plus twenty cents per pound for each additional
pound over fifteen thousand pounds overweight;
(e) Twenty thousand one pounds and more is two
thousand six hundred forty dollars plus thirty cents per
pound for each additional pound over twenty thousand
pounds overweight.
Upon a first violation in any calendar year, the court
may suspend the penalty for five hundred pounds of excess
weight for each axle on any vehicle or combination of
vehicles, not to exceed a two thousand pound suspension.
In no case may the basic penalty assessed in subsection (1)
of this section or the additional penalty assessed in subsection (2) of this section, except as provided for the first
violation, be suspended.
(3) Whenever any vehicle or combination of vehicles is
involved in two violations of RCW 46.44.041, 46.44.042,
46.44.047, 46.44.090, 46.44.091, or 46.44.095 during any
twelve-month period, the court may suspend the certificate
of license registration of the vehicle or combination of
vehicles for not less than thirty days. Upon a third or
succeeding violation in any twelve-month period, the court
(2002 Ed.)
Size, Weight, Load
shall suspend the certificate of license registration for not
less than thirty days. Whenever the certificate of license
registration is suspended, the court shall secure such certificate and immediately forward the same to the director with
information concerning the suspension.
(4) Any person found to have violated any posted
limitations of a highway or section of highway shall be
assessed a monetary penalty of not less than one hundred
and fifty dollars, and the court shall in addition thereto upon
second violation within a twelve-month period involving the
same power unit, suspend the certificate of license registration for not less than thirty days.
(5) It is unlawful for the driver of a vehicle to fail or
refuse to stop and submit the vehicle and load to a weighing,
or to fail or refuse, when directed by an officer upon a
weighing of the vehicle to stop the vehicle and otherwise
comply with the provisions of this section. It is unlawful for
a driver of a commercial motor vehicle as defined in RCW
46.32.005, other than the driver of a bus as defined in RCW
46.32.005(2) or a vehicle with a gross vehicle or combination weight not over sixteen thousand pounds and not
transporting hazardous materials in accordance with RCW
46.32.005(3), to fail or refuse to stop at a weighing station
when proper traffic control signs indicate scales are open.
However, unladen tow trucks regardless of weight and farm
vehicles carrying farm produce with a gross vehicle or
combination weight not over twenty-six thousand pounds
may fail or refuse to stop at a weighing station when proper
traffic control signs indicate scales are open.
Any police officer is authorized to require the driver of
any vehicle or combination of vehicles to stop and submit to
a weighing either by means of a portable or stationary scale
and may require that the vehicle be driven to the nearest
public scale. Whenever a police officer, upon weighing a
vehicle and load, determines that the weight is unlawful, the
officer may require the driver to stop the vehicle in a
suitable location and remain standing until such portion of
the load is removed as may be necessary to reduce the gross
weight of the vehicle to the limit permitted by law. If the
vehicle is loaded with grain or other perishable commodities,
the driver shall be permitted to proceed without removing
any of the load, unless the gross weight of the vehicle and
load exceeds by more than ten percent the limit permitted by
this chapter. The owner or operator of the vehicle shall care
for all materials unloaded at the risk of the owner or
operator.
Any vehicle whose driver or owner represents that the
vehicle is disabled or otherwise unable to proceed to a
weighing location shall have its load sealed or otherwise
marked by any police officer. The owner or driver shall be
directed that upon completion of repairs, the vehicle shall
submit to weighing with the load and markings and/or seal
intact and undisturbed. Failure to report for weighing,
appearing for weighing with the seal broken or the markings
disturbed, or removal of any cargo prior to weighing is
unlawful. Any person so convicted shall be fined one
thousand dollars, and in addition the certificate of license
registration shall be suspended for not less than thirty days.
(6) Any other provision of law to the contrary notwithstanding, district courts having venue have concurrent
jurisdiction with the superior courts for the imposition of any
penalties authorized under this section.
(2002 Ed.)
46.44.105
(7) For the purpose of determining additional penalties
as provided by subsection (2) of this section, "overweight"
means the poundage in excess of the maximum allowable
gross weight or axle/axle grouping weight prescribed by
RCW 46.44.041, 46.44.042, 46.44.047, 46.44.091, and
46.44.095.
(8) The penalties provided in subsections (1) and (2) of
this section shall be remitted as provided in chapter 3.62
RCW or RCW 10.82.070. For the purpose of computing the
basic penalties and additional penalties to be imposed under
subsections (1) and (2) of this section, the convictions shall
be on the same vehicle or combination of vehicles within a
twelve-month period under the same ownership.
(9) Any state patrol officer or any weight control officer
who finds any person operating a vehicle or a combination
of vehicles in violation of the conditions of a permit issued
under RCW 46.44.047, 46.44.090, and 46.44.095 may confiscate the permit and forward it to the state department of
transportation which may return it to the permittee or revoke,
cancel, or suspend it without refund. The department of
transportation shall keep a record of all action taken upon
permits so confiscated, and if a permit is returned to the
permittee the action taken by the department of transportation shall be endorsed thereon. Any permittee whose permit
is suspended or revoked may upon request receive a hearing
before the department of transportation or person designated
by that department. After the hearing the department of
transportation may reinstate any permit or revise its previous
action.
Every permit issued as provided for in this chapter shall
be carried in the vehicle or combination of vehicles to which
it refers and shall be open to inspection by any law enforcement officer or authorized agent of any authority granting
such a permit.
Upon the third finding within a calendar year of a
violation of the requirements and conditions of a permit
issued under RCW 46.44.095, the permit shall be canceled,
and the canceled permit shall be immediately transmitted by
the court or the arresting officer to the department of
transportation. The vehicle covered by the canceled permit
is not eligible for a new permit for a period of thirty days.
(10) For the purposes of determining gross weights the
actual scale weight taken by the arresting officer is prima
facie evidence of the total gross weight.
(11) It is a traffic infraction to direct the loading of a
vehicle with knowledge that it violates the requirements in
RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090, 46.44.091,
or 46.44.095 and that it is to be operated on the public
highways of this state.
(12) The chief of the state patrol, with the advice of the
department, may adopt reasonable rules to aid in the enforcement of this section. [2002 c 254 § 1; 1999 c 23 § 1; 1996
c 92 § 2; 1993 c 403 § 4; 1990 c 217 § 1; 1985 c 351 § 6;
1984 c 258 § 327; 1984 c 7 § 58; 1979 ex.s. c 136 § 75;
1975-’76 2nd ex.s. c 64 § 23.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Severability—1984 c 7: See note following RCW 47.01.141.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
[Title 46 RCW—page 163]
46.44.105
Title 46 RCW: Motor Vehicles
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.110 Liability for damage to highways, bridges, etc. Any person operating any vehicle or moving any
object or conveyance upon any public highway in this state
or upon any bridge or elevated structure that is a part of any
such public highway is liable for all damages that the public
highway, bridge, or elevated structure may sustain as a result
of any illegal operation of the vehicle or the moving of any
such object or conveyance or as a result of the operation or
moving of any vehicle, object, or conveyance weighing in
excess of the legal weight limits allowed by law. This
section applies to any person operating any vehicle or
moving any object or contrivance in any illegal or negligent
manner or without a special permit as provided by law for
vehicles, objects, or contrivances that are overweight,
overwidth, overheight, or overlength. Any person operating
any vehicle is liable for any damage to any public highway,
bridge, or elevated structure sustained as the result of any
negligent operation thereof. When the operator is not the
owner of the vehicle, object, or contrivance but is operating
or moving it with the express or implied permission of the
owner, the owner and the operator are jointly and severally
liable for any such damage. Such damage to any state
highway or structure may be recovered in a civil action
instituted in the name of the state of Washington by the
department of transportation. Any measure of damage to
any public highway determined by the department of
transportation by reason of this section is prima facie the
amount of damage caused thereby and is presumed to be the
amount recoverable in any civil action therefor. [1984 c 7
§ 59; 1961 c 12 § 46.44.110. Prior: 1937 c 189 § 57; RRS
6360-57.]
Severability—1984 c 7: See note following RCW 47.01.141.
46.44.120 Liability of owner, others, for violations.
Whenever an act or omission is declared to be unlawful in
chapter 46.44 RCW, the owner or lessee of any motor
vehicle involved in such act or omission is responsible
therefor. Any person knowingly and intentionally participating in creating an unlawful condition of use, is also subject
to the penalties provided in this chapter for such unlawful
act or omission.
If the person operating the vehicle at the time of the
unlawful act or omission is not the owner or lessee of the
vehicle, such person is fully authorized to accept the citation
and execute the promise to appear on behalf of the owner or
lessee. [1980 c 104 § 2; 1971 ex.s. c 148 § 1; 1969 ex.s. c
69 § 1.]
46.44.130 Farm implements—Gross weight and size
limitation exception—Penalty. The limitations of RCW
46.44.010, 46.44.020, 46.44.030, and 46.44.041 shall not
apply to the movement of farm implements of less than
forty-five thousand pounds gross weight, a total length of
seventy feet or less, and a total outside width of fourteen
feet or less when being moved while patrolled, flagged,
lighted, signed, and at a time of day in accordance with rules
hereby authorized to be adopted by the department of
transportation and the statutes. Violation of a rule adopted
[Title 46 RCW—page 164]
by the department as authorized by this section or a term of
this section is a traffic infraction. [1979 ex.s. c 136 § 76;
1975-’76 2nd ex.s. c 64 § 20; 1975 1st ex.s. c 168 § 3; 1973
1st ex.s. c 1 § 1.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective dates—Severability—1975-’76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
Effective date—1975 1st ex.s. c 168: See note following RCW
46.44.091.
46.44.140 Farm implements—Special permits—
Penalty. In addition to any other special permits authorized
by law, special permits may be issued by the department of
transportation for a quarterly or annual period upon such
terms and conditions as it finds proper for the movement of
(1) farm implements used for the cutting or threshing of
mature crops; or (2) other farm implements that may be
identified by rule of the department of transportation. Any
farm implement moved under this section must have a gross
weight less than forty-five thousand pounds and a total
outside width of less than twenty feet while being moved,
and such movement must be patrolled, flagged, lighted,
signed, at a time of day, and otherwise in accordance with
rules hereby authorized to be adopted by the department of
transportation for the control of such movements.
Applications for and permits issued under this section
shall provide for a description of the farm implements to be
moved, the approximate dates of movement, and the routes
of movement so far as they are reasonably known to the
applicant at the time of application, but the permit shall not
be limited to these circumstances but shall be general in its
application except as limited by the statutes and rules
adopted by the department of transportation.
A copy of the governing permit shall be carried on the
farm implement being moved during the period of its
movement. The department shall collect a fee as provided
in RCW 46.44.0941.
Violation of a term or condition under which a permit
was issued, of a rule adopted by the department of transportation as authorized by this section, or of a term of this
section is a traffic infraction. [1984 c 7 § 60; 1979 ex.s. c
136 § 77; 1973 1st ex.s. c 1 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.44.150 Highway improvement vehicles—Gross
weight limit excesses authorized—Limitations. The state,
county, or city authority having responsibility for the reconstruction or improvement of any public highway may,
subject to prescribed conditions and limitations, authorize
vehicles employed in such highway reconstruction or
improvement to exceed the gross weight limitations contained in RCW 46.44.041 and 46.44.042 without a special
permit or additional fees as prescribed by chapter 46.44
RCW, but only while operating within the boundaries of
project limits as defined in the public works contract or
plans. [1983 c 3 § 121; 1975 1st ex.s. c 63 § 1.]
(2002 Ed.)
Size, Weight, Load
46.44.170 Mobile home or park model trailer
movement special permit and decal—Certification of
taxes paid—License plates—Rules. (1) Any person
moving a mobile home as defined in RCW 46.04.302 or a
park model trailer as defined in RCW 46.04.622 upon public
highways of the state must obtain a special permit from the
department of transportation and local authorities pursuant to
RCW 46.44.090 and 46.44.093 and shall pay the proper fee
as prescribed by RCW 46.44.0941 and 46.44.096.
(2) A special permit issued as provided in subsection (1)
of this section for the movement of any mobile home or a
park model [trailer] that is assessed for purposes of property
taxes shall not be valid until the county treasurer of the
county in which the mobile home or park model trailer is
located shall endorse or attach thereto his or her certificate
that all property taxes which are a lien or which are delinquent, or both, upon the mobile home or park model trailer
being moved have been satisfied. Further, any mobile home
or park model trailer required to have a special movement
permit under this section shall display an easily recognizable
decal: PROVIDED, That endorsement or certification by the
county treasurer and the display of said decal is not required
when a mobile home or park model trailer is to enter the
state or is being moved from a manufacturer or distributor
to a retail sales outlet or directly to the purchaser’s designated location or between retail and sales outlets. It shall be
the responsibility of the owner of the mobile home or park
model trailer subject to property taxes or the agent to obtain
such endorsement from the county treasurer and said decal.
(3) Nothing herein should be construed as prohibiting
the issuance of vehicle license plates for a mobile home or
park model trailer subject to property taxes, but no such
plates shall be issued unless the mobile home or park model
trailer subject to property taxes for which such plates are
sought has been listed for property tax purposes in the
county in which it is principally located and the appropriate
fee for such license has been paid.
(4) The department of transportation and local authorities are authorized to adopt reasonable rules for implementing the provisions of this section. The department of
transportation shall adopt rules specifying the design, reflective characteristics, annual coloration, and for the
uniform implementation of the decal required by this section.
[2002 c 168 § 6; 1986 c 211 § 4. Prior: 1985 c 395 § 1;
1985 c 22 § 1; 1980 c 152 § 1; 1977 ex.s. c 22 § 2.]
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
46.44.173 Notice to treasurer and assessor of county
where mobile home or park trailer to be located. (1)
Upon validation of a special permit as provided in RCW
46.44.170, the county treasurer shall forward notice of
movement of the mobile home or park model trailer subject
to property taxes to the treasurer’s own county assessor and
to the county assessor of the county in which the mobile
home or park model trailer will be located.
(2) When a single trip special permit not requiring tax
certification is issued, the department of transportation or the
local authority shall notify the assessor of the county in
which the mobile home or park model trailer is to be
located. When a continuous trip special permit is used to
transport a mobile home or park model trailer not requiring
(2002 Ed.)
46.44.170
tax certification, the transporter shall notify the assessor of
the county in which the mobile home or park model trailer
is to be located. Notification is not necessary when the
destination of a mobile home or park model trailer is a
manufacturer, distributor, retailer, or location outside the
state.
(3) A notification under this section shall state the
specific, residential destination of the mobile home or park
model trailer. [2002 c 168 § 7; 1984 c 7 § 61; 1977 ex.s. c
22 § 3.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
46.44.175 Penalties—Hearing. Failure of any person
or agent acting for a person who causes to be moved or
moves a mobile home as defined in RCW 46.04.302 upon
public highways of this state and failure to comply with any
of the provisions of RCW 46.44.170 and 46.44.173 is a
traffic infraction for which a penalty of not less than one
hundred dollars or more than five hundred dollars shall be
assessed. In addition to the above penalty, the department
of transportation or local authority may withhold issuance of
a special permit or suspend a continuous special permit as
provided by RCW 46.44.090 and 46.44.093 for a period of
not less than thirty days.
Any person who shall alter, reuse, transfer, or forge the
decal required by RCW 46.44.170, or who shall display a
decal knowing it to have been forged, reused, transferred, or
altered, shall be guilty of a gross misdemeanor.
Any person or agent who is denied a special permit or
whose special permit is suspended may upon request receive
a hearing before the department of transportation or the local
authority having jurisdiction. The department or the local
authority after such hearing may revise its previous action.
[1995 c 38 § 11; 1994 c 301 § 15; 1985 c 22 § 2; 1979 ex.s.
c 136 § 78; 1977 ex.s. c 22 § 4.]
Acts of municipal officers ratified and confirmed—1995 c 38: See
note following RCW 3.02.045.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
46.44.180 Operation of mobile home pilot vehicle
without insurance unlawful—Amounts—Exception—
Penalty. (1) It is unlawful for a person, other than an
employee of a dealer or other principal licensed to transport
mobile homes within this state acting within the course of
employment with the principal, to operate a pilot vehicle
accompanying a mobile home, as defined in RCW
46.04.302, being transported on the public highways of this
state, without maintaining insurance for the pilot vehicle in
the minimum amounts of:
(a) One hundred thousand dollars for bodily injury to or
death of one person in any one accident;
(b) Three hundred thousand dollars for bodily injury to
or death of two or more persons in any one accident; and
(c) Fifty thousand dollars for damage to or destruction
of property of others in any one accident.
(2) Satisfactory evidence of the insurance shall be
carried at all times by the operator of the pilot vehicle,
[Title 46 RCW—page 165]
46.44.180
Title 46 RCW: Motor Vehicles
which evidence shall be displayed upon demand by a police
officer.
(3) Failure to maintain the insurance as required by this
section is a gross misdemeanor. Failure to carry or disclose
the evidence of the insurance is a misdemeanor. [1980 c
153 § 3.]
46.44.190 Fire-fighting apparatus. (1) As used in
this section, "fire-fighting apparatus" means a vehicle or
combination of vehicles, owned by a regularly organized fire
suppression agency, designed, maintained, and used exclusively for fire suppression and rescue or for fire prevention
activities. These vehicles and associated loads or equipment
are necessary to protect the public safety and are considered
nondivisible loads. A vehicle or combination of vehicles
that is not designed primarily for fire suppression including,
but not limited to, a hazardous materials response vehicle,
bus, mobile kitchen, mobile sanitation facility, and heavy
equipment transport vehicle is not a fire-fighting apparatus
for purposes of this section.
(2) Fire-fighting apparatus must comply with all
applicable federal and state vehicle operating and safety
criteria, including rules adopted by agencies within each
jurisdiction.
(3) All owners and operators of fire-fighting apparatus
shall comply with current information, provided by the
department, regarding the applicable load restrictions of state
and local bridges within the designated fire service area, including any automatic or mutual aid agreement areas.
(4) Fire-fighting apparatus operating within a fire district
or municipal department boundary of the owner of the
apparatus, including any automatic or mutual aid agreement
areas, may operate without a permit if:
(a) The weight does not exceed:
(i) 600 pounds per inch width of tire;
(ii) 24,000 pounds on a single axle;
(iii) 43,000 pounds on a tandem axle set;
(iv) 67,000 pounds gross vehicle weight, subject to the
gross weight limits of RCW 46.44.091(1) (c), (d), and (e);
(v) The tire manufacturer’s tire load rating.
(b) There is no tridem axle set.
(c) The dimensions do not exceed:
(i) 8 feet, 6 inches wide;
(ii) 14 feet high;
(iii) 50 feet overall length;
(iv) 15 foot front overhang;
(v) Rear overhang not exceeding the length of the wheel
base.
(5) Operators of fire-fighting apparatus that exceed the
weight limits in subsection (4) of this section must apply for
an overweight permit with the department. The maximum
weight a fire-fighting apparatus may weigh is 50,000 pounds
on the tandem axle set, and may not exceed 600 pounds per
inch width of tire. The maximum weight limit must include
the weight of a full water tank, if applicable, all equipment
necessary for operation, and the normal number of personnel
usually assigned to be on board, or four personnel, whichever is greater. At least four personnel must be physically
present at the time the apparatus is weighed.
(6) When applying for a permit, a current weight slip
from a certified scale must be attached to the department’s
[Title 46 RCW—page 166]
application form. Upon receiving an application, the
department shall transmit it to the local jurisdictions in
which the fire-fighting apparatus will be operating, so that
the local jurisdictions can make a determination on the need
for local travel and route restrictions within the operating
area. The department shall issue a permit within twenty
days of receiving a permit application and shall issue the
permit on an annual basis for the apparatus to operate on the
state highway system, with reference made to applicable load
restrictions and any other limitations stipulated on the permit,
including limitations placed by local jurisdictions.
(7) Fire-fighting apparatus in operation in this state
before June 13, 2002, and privately owned industrial firefighting apparatus used for purposes of providing emergency
response and mutual aid are each exempt from subsections
(4) and (5) of this section. However, operators of the
exempt fire-fighting apparatus must still obtain an annual
permit under subsection (6) of this section.
(8) Fire-fighting apparatus without the proper overweight permits are prohibited from being operated on city,
county, or state roadways until the apparatus is within legal
weight limits and a current permit has been issued by the
department. When the permit is issued, the fire district must
notify the Washington state patrol that the apparatus is in
compliance with overweight permit regulations.
(9) The Washington state patrol may conduct random
spot checks of fire-fighting apparatus to ensure compliance
with overweight permit regulations. If a fire-fighting
apparatus is found to be not in compliance with overweight
permit regulations, the state patrol shall issue a violation
notice to the fire department stating this fact and prohibiting
operation of the apparatus on city, county, and state roadways.
(10) It is a traffic infraction to continue to operate a
fire-fighting apparatus on the roadways after a violation
notice has been issued. The following penalties apply:
(a) For a first offense, the penalty will be no less than
fifty dollars but no more than fifty dollars;
(b) For a second offense, the penalty will be no less
than seventy-five dollars;
(c) For a third or subsequent offense, the penalty will be
no less than one hundred dollars.
(11) No individual liability attaches to an employee or
volunteer of the penalized fire department. [2002 c 231 § 1;
2001 c 262 § 3.]
Chapter 46.48
TRANSPORTATION OF HAZARDOUS MATERIALS
Sections
46.48.170 State patrol authority—Rules and regulations.
46.48.175 Rules—Penalties—Responsibility for compliance.
46.48.180 State patrol study to insure uniformity of regulations.
46.48.185 Inspections.
46.48.200 Radioactive waste—Additional ports of entry.
Hazardous materials incident command agency, state patrol as: RCW
70.136.030.
46.48.170 State patrol authority—Rules and
regulations. The Washington state patrol acting by and
through the chief of the Washington state patrol shall have
the authority to adopt and enforce the regulations promulgat(2002 Ed.)
Transportation of Hazardous Materials
ed by the United States department of transportation, Title 49
CFR parts 100 through 199, transportation of hazardous
materials, as these regulations apply to motor carriers.
"Motor carrier" means any person engaged in the transportation of passengers or property operating interstate and
intrastate upon the public highways of this state, except
farmers. The chief of the Washington state patrol shall confer with the emergency management council under RCW
38.52.040 and may make rules and regulations pertaining
thereto, sufficient to protect persons and property from
unreasonable risk of harm or damage. The chief of the
Washington state patrol shall establish such additional rules
not inconsistent with Title 49 CFR parts 100 through 199,
transportation of hazardous materials, which for compelling
reasons make necessary the reduction of risk associated with
the transportation of hazardous materials. No such rules
may lessen a standard of care; however, the chief of the
Washington state patrol may, after conferring with the
emergency management council, establish a rule imposing a
more stringent standard of care. The chief of the Washington state patrol shall appoint the necessary qualified personnel to carry out the provisions of RCW 46.48.170 through
*46.48.190. [1988 c 81 § 19; 1980 c 20 § 1; 1961 c 12 §
46.48.170. Prior: 1951 c 102 § 1; 1949 c 101 § 1; Rem.
Supp. 1949 § 6360-63a.]
*Reviser’s note: RCW 46.48.190 was repealed by 1988 c 81 § 20.
46.48.175 Rules—Penalties—Responsibility for
compliance. Each violation of any rules and/or regulations
made pursuant to RCW 46.48.170 or 81.80.290 pertaining to
vehicle equipment on motor carriers transporting hazardous
material shall be a misdemeanor.
Bail for such a violation shall be set at a minimum of
one hundred dollars. The fine for such a violation shall be
not less than two hundred dollars nor more than five hundred
dollars. Compliance with the provisions of this chapter is
the primary responsibility of the owner or lessee of the
vehicle or any vehicle used in combination that is cited in
the violation. [1980 c 104 § 1; 1961 c 12 § 46.48.175.
Prior: 1951 c 102 § 2.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.48.180 State patrol study to insure uniformity of
regulations. The Washington state patrol shall make a study
of the United States department of transportation regulations
pertaining to Title 49 CFR, parts 100 through 199, and the
laws of this state pertaining to the same subject in order that
the chief of the Washington state patrol may make necessary
and proper recommendations to the legislature and state
departments from time to time to bring about uniformity
between the laws and regulations of the federal government
and this state in regard to the transportation of such materials. [1980 c 20 § 2; 1961 c 12 § 46.48.180. Prior: 1949
c 101 § 2; Rem. Supp. 1949 § 6360-63b.]
46.48.185 Inspections. The chief of the Washington
state patrol shall direct the necessary qualified personnel to
inspect the cargo of any motor carriers vehicle transporting
hazardous material, inspect for proper securing, and inspect
for the combined loading of cargo which would be inconsis(2002 Ed.)
46.48.170
tent with the provisions of Title 49 CFR, parts 100 through
199. Authorized personnel inspecting loads of hazardous
material shall do so in the presence of a representative of the
motor carrier. Seal and locking devices may be removed as
necessary to facilitate the inspection. The seals or locking
devices removed shall be replaced by the Washington state
patrol with a written form approved by the chief to certify
seal or locking device removal for inspection of the cargo.
[1980 c 20 § 3.]
46.48.200 Radioactive waste—Additional ports of
entry. (Contingent expiration date.) Any additional ports
of entry for highway transportation of radioactive waste
materials other than those designated by WAC 446-50-040
as filed on December 11, 1979, must be authorized by the
state legislature. This section shall expire when both the
Washington state legislature and at least one other eligible
state enact an interstate agreement on radioactive materials
transportation management. [1987 c 86 § 1.]
Chapter 46.52
ACCIDENTS—REPORTS—
ABANDONED VEHICLES
Sections
46.52.010
46.52.020
Duty on striking unattended car or other property—Penalty.
Duty in case of personal injury or death or damage to attended vehicle or other property—Penalties.
46.52.030 Accident reports.
46.52.035 Accident reports—Suspension of license or permit for failure
to make report.
46.52.040 Accident reports—Report when operator disabled.
46.52.050 Coroner’s reports to sheriff and state patrol.
46.52.060 Tabulation and analysis of reports—Availability for use.
46.52.065 Blood samples to state toxicologist—Analysis—Availability,
admissibility of reports.
46.52.070 Police officer’s report.
46.52.080 Confidentiality of reports—Information required to be disclosed—Evidence.
46.52.083 Confidentiality of reports—Availability of factual data to
interested parties.
46.52.085 Confidentiality of reports—Fee for written information.
46.52.088 Reports—False information.
46.52.090 Reports of major repairs, etc.—Violations, penalties—
Rules—Exceptions for older vehicles.
46.52.100 Record of traffic charges—Reports of court—District court
venue—Driving under influence of liquor or drugs.
46.52.101 Records of traffic charges, dispositions.
46.52.120 Case record of convictions and infractions—Cross-reference
to accident reports.
46.52.130 Abstract of driving record—Access—Fees—Penalty.
46.52.190 Abandoned vehicles or hulks—Impoundment—
Notification—Hearing—Liability for charges—
Nonpayment penalty.
Abandoned, unauthorized vehicles generally: Chapter 46.55 RCW.
Hulk haulers and scrap processors: Chapter 46.79 RCW.
Removal of certain vehicles from roadway: RCW 46.55.113, 46.55.115,
46.61.590.
Vehicle wreckers: Chapter 46.80 RCW.
46.52.010 Duty on striking unattended car or other
property—Penalty. The operator of any vehicle which
collided with any other vehicle which is unattended shall
immediately stop and shall then and there either locate and
notify the operator or owner of such vehicle of the name and
address of the operator and owner of the vehicle striking the
[Title 46 RCW—page 167]
46.52.010
Title 46 RCW: Motor Vehicles
unattended vehicle or shall leave in a conspicuous place in
the vehicle struck a written notice, giving the name and
address of the operator and of the owner of the vehicle
striking such other vehicle.
The driver of any vehicle involved in an accident
resulting only in damage to property fixed or placed upon or
adjacent to any public highway shall take reasonable steps to
locate and notify the owner or person in charge of such
property of such fact and of the name and address of the
operator and owner of the vehicle striking such property, or
shall leave in a conspicuous place upon the property struck
a written notice, giving the name and address of the operator
and of the owner of the vehicle so striking the property, and
such person shall further make report of such accident as in
the case of other accidents upon the public highways of this
state. Any person violating the provisions of this section is
guilty of a misdemeanor. [1979 ex.s. c 136 § 79; 1961 c 12
§ 46.52.010. Prior: 1937 c 189 § 133; RRS § 6360-133;
1927 c 309 § 50, part; RRS § 6362-50, part.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Arrest of person violating duty on striking unattended vehicle or other
property: RCW 10.31.100.
46.52.020 Duty in case of personal injury or death
or damage to attended vehicle or other property—
Penalties. (1) A driver of any vehicle involved in an
accident resulting in the injury to or death of any person or
involving striking the body of a deceased person shall
immediately stop such vehicle at the scene of such accident
or as close thereto as possible but shall then forthwith return
to, and in every event remain at, the scene of such accident
until he or she has fulfilled the requirements of subsection
(3) of this section; every such stop shall be made without
obstructing traffic more than is necessary.
(2)(a) The driver of any vehicle involved in an accident
resulting only in damage to a vehicle which is driven or
attended by any person or damage to other property must
move the vehicle as soon as possible off the roadway or
freeway main lanes, shoulders, medians, and adjacent areas
to a location on an exit ramp shoulder, the frontage road, the
nearest suitable cross street, or other suitable location. The
driver shall remain at the suitable location until he or she has
fulfilled the requirements of subsection (3) of this section.
Moving the vehicle in no way affects fault for an accident.
(b) A law enforcement officer or representative of the
department of transportation may cause a motor vehicle,
cargo, or debris to be moved from the roadway; and neither
the department of transportation representative, nor anyone
acting under the direction of the officer or the department of
transportation representative is liable for damage to the
motor vehicle, cargo, or debris caused by reasonable efforts
of removal.
(3) Unless otherwise provided in subsection (7) of this
section the driver of any vehicle involved in an accident
resulting in injury to or death of any person, or involving
striking the body of a deceased person, or resulting in
damage to any vehicle which is driven or attended by any
person or damage to other property shall give his or her
name, address, insurance company, insurance policy number,
[Title 46 RCW—page 168]
and vehicle license number and shall exhibit his or her
vehicle driver’s license to any person struck or injured or the
driver or any occupant of, or any person attending, any such
vehicle collided with and shall render to any person injured
in such accident reasonable assistance, including the carrying
or the making of arrangements for the carrying of such
person to a physician or hospital for medical treatment if it
is apparent that such treatment is necessary or if such
carrying is requested by the injured person or on his or her
behalf. Under no circumstances shall the rendering of
assistance or other compliance with the provisions of this
subsection be evidence of the liability of any driver for such
accident.
(4)(a) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of
the requirements of subsection (3) of this section in the case
of an accident resulting in death is guilty of a class B felony
and, upon conviction, is punishable according to chapter
9A.20 RCW.
(b) Any driver covered by the provisions of subsection
(1) of this section failing to stop or comply with any of the
requirements of subsection (3) of this section in the case of
an accident resulting in injury is guilty of a class C felony
and, upon conviction, is punishable according to chapter
9A.20 RCW.
(c) Any driver covered by the provisions of subsection
(1) of this section failing to stop or comply with any of the
requirements of subsection (3) of this section in the case of
an accident involving striking the body of a deceased person
is guilty of a gross misdemeanor.
(d) This subsection shall not apply to any person injured
or incapacitated by such accident to the extent of being
physically incapable of complying with this section.
(5) Any driver covered by the provisions of subsection
(2) of this section failing to stop or to comply with any of
the requirements of subsection (3) of this section under said
circumstances shall be guilty of a gross misdemeanor:
PROVIDED, That this provision shall not apply to any
person injured or incapacitated by such accident to the extent
of being physically incapable of complying herewith.
(6) The license or permit to drive or any nonresident
privilege to drive of any person convicted under this section
or any local ordinance consisting of substantially the same
language as this section of failure to stop and give information or render aid following an accident with any vehicle
driven or attended by any person shall be revoked by the
department.
(7) If none of the persons specified are in condition to
receive the information to which they otherwise would be
entitled under subsection (3) of this section, and no police
officer is present, the driver of any vehicle involved in such
accident after fulfilling all other requirements of subsections
(1) and (3) of this section insofar as possible on his or her
part to be performed, shall forthwith report such accident to
the nearest office of the duly authorized police authority and
submit thereto the information specified in subsection (3) of
this section. [2002 c 194 § 1; 2001 c 145 § 1; 2000 c 66 §
1; 1990 c 210 § 2; 1980 c 97 § 1; 1979 ex.s. c 136 § 80;
1975-’76 2nd ex.s. c 18 § 1. Prior: 1975 1st ex.s. c 210 §
1; 1975 c 62 § 14; 1967 c 32 § 53; 1961 c 12 § 46.52.020;
prior: 1937 c 189 § 134; RRS § 6360-134; 1927 c 309 § 50,
part; RRS § 6362-50, part.]
(2002 Ed.)
Accidents—Reports—Abandoned Vehicles
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—1980 c 97: "This 1980 act shall take effect on July
1, 1980." [1980 c 97 § 3.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1975 c 62: See note following RCW 36.75.010.
Arrest of person violating duty in case of injury to or death of person or
damage to attended vehicle: RCW 10.31.100.
46.52.030 Accident reports. (1) Unless a report is to
be made by a law enforcement officer under subsection (3)
of this section, the driver of any vehicle involved in an
accident resulting in injury to or death of any person or
damage to the property of any one person to an apparent
extent equal to or greater than the minimum amount established by rule adopted by the chief of the Washington state
patrol in accordance with subsection (5) of this section, shall,
within four days after such accident, make a written report
of such accident to the chief of police of the city or town if
such accident occurred within an incorporated city or town
or the county sheriff or state patrol if such accident occurred
outside incorporated cities and towns. Nothing in this
subsection prohibits accident reports from being filed by
drivers where damage to property is less than the minimum
amount or where a law enforcement officer has submitted a
report.
(2) The original of the report shall be immediately
forwarded by the authority receiving the report to the chief
of the Washington state patrol at Olympia, Washington. The
Washington state patrol shall give the department of licensing full access to the report.
(3) Any law enforcement officer who investigates an
accident for which a report is required under subsection (1)
of this section shall submit an investigator’s report as
required by RCW 46.52.070.
(4) The chief of the Washington state patrol may require
any driver of any vehicle involved in an accident, of which
report must be made as provided in this section, to file
supplemental reports whenever the original report in the
chief’s opinion is insufficient, and may likewise require
witnesses of any such accident to render reports. For this
purpose, the chief of the Washington state patrol shall prepare and, upon request, supply to any police department,
coroner, sheriff, and any other suitable agency or individual,
sample forms of accident reports required hereunder, which
reports shall be upon a form devised by the chief of the
Washington state patrol and shall call for sufficiently
detailed information to disclose all material facts with
reference to the accident to be reported thereon, including
the location, the circumstances, the conditions then existing,
the persons and vehicles involved, the insurance information
required under RCW 46.30.030, personal injury or death, if
any, the amounts of property damage claimed, the total
number of vehicles involved, whether the vehicles were
legally parked, legally standing, or moving, and whether
such vehicles were occupied at the time of the accident.
Every required accident report shall be made on a form
prescribed by the chief of the Washington state patrol and
each authority charged with the duty of receiving such
reports shall provide sufficient report forms in compliance
with the form devised. The report forms shall be designated
(2002 Ed.)
46.52.020
so as to provide that a copy may be retained by the reporting
person.
(5) The chief of the Washington state patrol shall adopt
rules establishing the accident-reporting threshold for
property damage accidents. Beginning October 1, 1987, the
accident-reporting threshold for property damage accidents
shall be five hundred dollars. The accident-reporting
threshold for property damage accidents shall be revised
when necessary, but not more frequently than every two
years. The revisions shall only be for the purpose of
recognizing economic changes as reflected by an inflationary
index recommended by the office of financial management.
The revisions shall be guided by the change in the index for
the time period since the last revision. [1997 c 248 § 1;
1996 c 183 § 1; 1989 c 353 § 5; 1987 c 463 § 2; 1981 c 30
§ 1; 1979 c 158 § 160; 1979 c 11 § 2. Prior: 1977 ex.s. c
369 § 2; 1977 ex.s. c 68 § 1; 1969 ex.s. c 40 § 2; 1967 c 32
§ 54; 1965 ex.s. c 119 § 1; 1961 c 12 § 46.52.030; prior:
1943 c 154 § 1; 1937 c 189 § 135; RRS § 6360-135.]
Effective date—1997 c 248: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 2, 1997]." [1997 c 248 § 2.]
Effective date—1996 c 183: "This act takes effect July 1, 1996."
[1996 c 183 § 3.]
Severability—Effective date—1989 c 353: See RCW 46.30.900 and
46.30.901.
46.52.035 Accident reports—Suspension of license
or permit for failure to make report. The director may
suspend the license or permit to drive and any nonresident
operating privileges of any person failing to report an
accident as provided in RCW 46.52.030 until such report has
been filed. [1988 c 8 § 1; 1965 ex.s. c 119 § 2.]
46.52.040 Accident reports—Report when operator
disabled. Whenever the driver of the vehicle involved in
any accident, concerning which accident report is required,
is physically incapable of making the required accident
report and there is another occupant other than a passenger
for hire therein, in the vehicle at the time of the accident
capable of making a report, such occupant shall make or
cause to be made such report. Upon recovery such driver
shall make such report in the manner required by law.
[1967 c 32 § 55; 1961 c 12 § 46.52.040. Prior: 1937 c 189
§ 136; RRS § 6360-136.]
46.52.050 Coroner’s reports to sheriff and state
patrol. Every coroner or other official performing like
functions shall on or before the tenth day of each month,
report in writing to the sheriff of the county in which he
holds office and to the chief of the Washington state patrol
the death of any person within his jurisdiction during the
preceding calendar month as a result of an accident involving any vehicle, together with the circumstances of such
accident. [1961 c 12 § 46.52.050. Prior: 1937 c 189 § 137;
RRS § 6360-137.]
46.52.060 Tabulation and analysis of reports—
Availability for use. It shall be the duty of the chief of the
Washington state patrol to file, tabulate, and analyze all
accident reports and to publish annually, immediately
[Title 46 RCW—page 169]
46.52.060
Title 46 RCW: Motor Vehicles
following the close of each fiscal year, and monthly during
the course of the year, statistical information based thereon
showing the number of accidents, the location, the frequency
and circumstances thereof and other statistical information
which may prove of assistance in determining the cause of
vehicular accidents.
Such accident reports and analysis or reports thereof
shall be available to the director of licensing, the department
of transportation, the utilities and transportation commission,
the traffic safety commission, and other public entities
authorized by the chief of the Washington state patrol, or
their duly authorized representatives, for further tabulation
and analysis for pertinent data relating to the regulation of
highway traffic, highway construction, vehicle operators and
all other purposes, and to publish information so derived as
may be deemed of publication value. [1998 c 169 § 1; 1979
c 158 § 161; 1977 c 75 § 67; 1967 c 32 § 56; 1961 c 12 §
46.52.060. Prior: 1937 c 189 § 138; RRS § 6360-138.]
46.52.065 Blood samples to state toxicologist—
Analysis—Availability, admissibility of reports. Every
coroner or other official performing like functions shall
submit to the state toxicologist a blood sample taken from all
drivers and all pedestrians who are killed in any traffic
accident where the death occurred within four hours after the
accident. Blood samples shall be taken and submitted in the
manner prescribed by the state toxicologist. The state
toxicologist shall analyze these blood samples to determine
the concentration of alcohol and, where feasible, the presence of drugs or other toxic substances. The reports and
records of the state toxicologist relating to analyses made
pursuant to this section shall be confidential: PROVIDED,
That the results of these analyses shall be reported to the
state patrol and made available to the prosecuting attorney or
law enforcement agency having jurisdiction: PROVIDED
FURTHER, That the results of these analyses may be
admitted in evidence in any civil or criminal action where
relevant and shall be made available to the parties to any
such litigation on application to the court. [1977 ex.s. c 50
§ 1; 1971 ex.s. c 270 § 1.]
46.52.070 Police officer’s report. (1) Any police
officer of the state of Washington or of any county, city,
town or other political subdivision, present at the scene of
any accident or in possession of any facts concerning any
accident whether by way of official investigation or otherwise shall make report thereof in the same manner as
required of the parties to such accident and as fully as the
facts in his possession concerning such accident will permit.
(2) The police officer shall report to the department, on
a form prescribed by the director: (a) When a collision has
occurred that results in a fatality; and (b) the identity of the
operator of a vehicle involved in the collision when the
officer has reasonable grounds to believe the operator caused
the collision.
(3) The police officer shall report to the department, on
a form prescribed by the director: (a) When a collision has
occurred that results in a serious injury; (b) the identity of
the operator of a vehicle involved in the collision when the
officer has reasonable grounds to believe the operator who
caused the serious injury may not be competent to operate a
[Title 46 RCW—page 170]
motor vehicle; and (c) the reason or reasons for the officer’s
belief. [1999 c 351 § 2; 1998 c 165 § 8; 1967 c 32 § 57;
1961 c 12 § 46.52.070. Prior: 1937 c 189 § 139; RRS §
6360-139.]
Effective date—1998 c 165 §§ 8-14: "Sections 8 through 14 of this
act take effect January 1, 1999." [1998 c 165 § 15.]
Short title—1998 c 165: See note following RCW 43.59.010.
46.52.080 Confidentiality of reports—Information
required to be disclosed—Evidence. All required accident
reports and supplemental reports and copies thereof shall be
without prejudice to the individual so reporting and shall be
for the confidential use of the county prosecuting attorney
and chief of police or county sheriff, as the case may be, and
the director of licensing and the chief of the Washington
state patrol, and other officer or commission as authorized
by law, except that any such officer shall disclose the names
and addresses of persons reported as involved in an accident
or as witnesses thereto, the vehicle license plate numbers and
descriptions of vehicles involved, and the date, time and
location of an accident, to any person who may have a
proper interest therein, including the driver or drivers
involved, or the legal guardian thereof, the parent of a minor
driver, any person injured therein, the owner of vehicles or
property damaged thereby, or any authorized representative
of such an interested party, or the attorney or insurer thereof.
No such accident report or copy thereof shall be used as
evidence in any trial, civil or criminal, arising out of an
accident, except that any officer above named for receiving
accident reports shall furnish, upon demand of any person
who has, or who claims to have, made such a report, or,
upon demand of any court, a certificate showing that a
specified accident report has or has not been made to the
chief of the Washington state patrol solely to prove a
compliance or a failure to comply with the requirement that
such a report be made in the manner required by law:
PROVIDED, That the reports may be used as evidence when
necessary to prosecute charges filed in connection with a
violation of RCW 46.52.088. [1979 c 158 § 162; 1975 c 62
§ 15; 1967 c 32 § 58; 1965 ex.s. c 119 § 3; 1961 c 12 §
46.52.080. Prior: 1937 c 189 § 140; RRS § 6360-140.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.52.083 Confidentiality of reports—Availability of
factual data to interested parties. All of the factual data
submitted in report form by the officers, together with the
signed statements of all witnesses, except the reports signed
by the drivers involved in the accident, shall be made available upon request to the interested parties named in RCW
46.52.080. [1965 ex.s. c 119 § 4.]
46.52.085 Confidentiality of reports—Fee for
written information. Any information authorized for
release under RCW 46.52.080 and 46.52.083 may be
furnished in written form for a fee sufficient to meet, but not
exceed, the costs incurred. All fees received by the Washington state patrol for such copies shall be deposited in the
motor vehicle fund. [1979 c 34 § 1; 1971 ex.s. c 91 § 5;
1965 ex.s. c 119 § 5.]
(2002 Ed.)
Accidents—Reports—Abandoned Vehicles
46.52.088 Reports—False information. A person
shall not give information in oral or written reports as
required in chapter 46.52 RCW knowing that such information is false. [1975 c 62 § 16.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.52.090 Reports of major repairs, etc.—
Violations, penalties—Rules—Exceptions for older
vehicles. Any person, firm, corporation, or association
engaged in the business of repairs of any kind to vehicles or
any person, firm, corporation, or association which may at
any time engage in any kind of major repair, restoration, or
substantial alteration to a vehicle required to be licensed or
registered under this title shall maintain verifiable records
regarding the source of used major component parts used in
such repairs, restoration, or alteration. Satisfactory records
include but are not limited to personal identification of the
seller if such parts were acquired from other than a *motor
vehicle wrecker licensed under chapter 46.80 RCW, signed
work orders, and bills of sale signed by the seller whose
identity and address has been verified describing parts
acquired, and the make, model, and vehicle identification
number of a vehicle from which the following parts are
removed: (1) Engines and short blocks, (2) frames, (3)
transmissions and transfer cases, (4) cabs, (5) doors, (6) front
or rear differentials, (7) front or rear clips, (8) quarter panels
or fenders, (9) bumpers, (10) truck beds or boxes, (11) seats,
and (12) hoods. Such records shall be kept for a period of
four years and shall be made available for inspection by a
law enforcement officer during ordinary business hours.
The acquisition of a part without a substantiating bill of
sale or invoice from the parts supplier or failure to comply
with any rules adopted under this section is a gross misdemeanor. Failure to obtain the vehicle identification number
for those parts requiring that it be obtained is a gross
misdemeanor. Failure to keep records for four years or to
make such records available during normal business hours to
a law enforcement officer is a gross misdemeanor.
The chief of the Washington state patrol shall adopt
rules for the purpose of regulating record-keeping and parts
acquisition by vehicle repairers, restorers, rebuilders, or those
who perform substantial vehicle alterations. The provisions
of this section do not apply to major repair, restoration, or
alteration of a vehicle thirty years of age or older. [1983 c
142 § 1; 1967 c 32 § 59; 1961 c 12 § 46.52.090. Prior:
1937 c 189 § 141; RRS § 6360-141.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
*Reviser’s note: "Motor vehicle wrecker" redesignated "vehicle
wrecker" by 1995 c 256.
46.52.100 Record of traffic charges—Reports of
court—District court venue—Driving under influence of
liquor or drugs.
Reviser’s note: RCW 46.52.100 was amended by 1999 c 274 § 5
without reference to its repeal by 1999 c 86 § 8. It has been decodified for
publication purposes under RCW 1.12.025.
46.52.101 Records of traffic charges, dispositions.
(1) Every district court, municipal court, and clerk of a
superior court shall keep or cause to be kept a record of
every traffic complaint, traffic citation, notice of infraction,
(2002 Ed.)
46.52.088
or other legal form of traffic charge deposited with or
presented to the court or a traffic violations bureau, and shall
keep a record of every official action by the court or its
traffic violations bureau regarding the charge, including but
not limited to a record of every conviction, forfeiture of bail,
judgment of acquittal, finding that a traffic infraction has
been committed, dismissal of a notice of infraction, and the
amount of fine, forfeiture, or penalty resulting from every
traffic charge deposited with or presented to the court or
traffic violations bureau. In the case of a record of a
conviction for a violation of RCW 46.61.502 or 46.61.504,
and notwithstanding any other provision of law, the court
shall maintain the record permanently.
(2) Within fourteen days after the conviction, forfeiture
of bail, or finding that a traffic infraction was committed for
a violation of any provisions of this chapter or other law
regulating the operating of vehicles on highways, the clerk
of the court in which the conviction was had, bail was forfeited, or the finding of commission was made shall prepare
and immediately forward to the director of licensing at
Olympia an abstract of the court record covering the case.
Report need not be made of a finding involving the illegal
parking or standing of a vehicle.
(3) The abstract must be made upon a form or forms
furnished by the director and must include the name and
address of the party charged, the number, if any, of the
party’s driver’s or chauffeur’s license, the registration
number of the vehicle involved if required by the director,
the nature of the offense, the date of hearing, the plea, the
judgment, whether the offense was an alcohol-related offense
as defined in RCW 46.01.260(2), whether the incident that
gave rise to the offense charged resulted in a fatality,
whether bail was forfeited, whether the determination that a
traffic infraction was committed was contested, and the
amount of the fine, forfeiture, or penalty, as the case may
be.
(4) In courts where the judicial information system or
other secure method of electronic transfer of information has
been implemented between the court and the department of
licensing, the court may electronically provide the information required in subsections (2), (3), and (5) of this section.
(5) The superior court clerk shall also forward a like
report to the director upon the conviction of a person of a
felony in the commission of which a vehicle was used.
(6) The director shall keep all abstracts received under
this section at the director’s office in Olympia. The abstracts must be open to public inspection during reasonable
business hours.
(7) The officer, prosecuting attorney, or city attorney
signing the charge or information in a case involving a
charge of driving under the influence of intoxicating liquor
or any drug shall immediately request from the director an
abstract of convictions and forfeitures. The director shall
furnish the requested abstract. [1999 c 86 § 4.]
46.52.120 Case record of convictions and infractions—Cross-reference to accident reports. (1) The
director shall keep a case record on every motor vehicle
driver licensed under the laws of this state, together with
information on each driver, showing all the convictions and
findings of traffic infractions certified by the courts, together
[Title 46 RCW—page 171]
46.52.120
Title 46 RCW: Motor Vehicles
with an index cross-reference record of each accident
reported relating to such individual with a brief statement of
the cause of the accident and whether or not the accident
resulted in any fatality. The chief of the Washington state
patrol shall furnish the index cross-reference record to the
director, with reference to each driver involved in the
reported accidents.
(2) The records shall be for the confidential use of the
director, the chief of the Washington state patrol, the director
of the Washington traffic safety commission, and for such
police officers or other cognizant public officials as may be
designated by law. Such case records shall not be admitted
into evidence in any court, except where relevant to the
prosecution or defense of a criminal charge, or in case
appeal is taken from the order of the director, suspending,
revoking, canceling, or refusing a vehicle driver’s license.
(3) The director shall tabulate and analyze vehicle
driver’s case records and suspend, revoke, cancel, or refuse
a vehicle driver’s license to a person when it is deemed from
facts contained in the case record of such person that it is for
the best interest of public safety that such person be denied
the privilege of operating a motor vehicle. The director shall
also suspend a person’s driver’s license if the person fails to
attend or complete a driver improvement interview or fails
to abide by conditions of probation under RCW 46.20.335.
Whenever the director orders the vehicle driver’s license of
any such person suspended, revoked, or canceled, or refuses
the issuance of a vehicle driver’s license, such suspension,
revocation, cancellation, or refusal is final and effective
unless appeal from the decision of the director is taken as
provided by law. [1998 c 218 § 1; 1998 c 165 § 10; 1993
c 501 § 12; 1992 c 32 § 3; 1989 c 178 § 23; 1988 c 38 § 2;
1984 c 99 § 1; 1982 c 52 § 1; 1979 ex.s. c 136 § 83; 1977
ex.s. c 356 § 1; 1967 c 32 § 62; 1961 c 12 § 46.52.120.
Prior: 1937 c 189 § 144; RRS § 6360-144.]
Reviser’s note: This section was amended by 1998 c 165 § 10 and
by 1998 c 218 § 1, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective date—1998 c 165 §§ 8-14: See note following RCW
46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.52.130 Abstract of driving record—Access—
Fees—Penalty. (1) A certified abstract of the driving record
shall be furnished only to:
(a) The individual named in the abstract;
(b) An employer or prospective employer or an agent
acting on behalf of an employer or prospective employer;
(c) An employee or agent of a transit authority checking
prospective volunteer vanpool drivers for insurance and risk
management needs;
(d) The insurance carrier that has insurance in effect
covering the employer or a prospective employer;
(e) The insurance carrier that has motor vehicle or life
insurance in effect covering the named individual;
(f) The insurance carrier to which the named individual
has applied;
[Title 46 RCW—page 172]
(g) An alcohol/drug assessment or treatment agency
approved by the department of social and health services, to
which the named individual has applied or been assigned for
evaluation or treatment; or
(h) City and county prosecuting attorneys.
(2) City attorneys and county prosecuting attorneys may
provide the driving record to alcohol/drug assessment or
treatment agencies approved by the department of social and
health services to which the named individual has applied or
been assigned for evaluation or treatment.
(3) The director, upon proper request, shall furnish a
certified abstract covering the period of not more than the
last three years to insurance companies.
(4) Upon proper request, the director shall furnish a
certified abstract covering a period of not more than the last
five years to state approved alcohol/drug assessment or
treatment agencies, except that the certified abstract shall
also include records of alcohol-related offenses as defined in
RCW 46.01.260(2) covering a period of not more than the
last ten years.
(5) Upon proper request, a certified abstract of the full
driving record maintained by the department shall be
furnished to a city or county prosecuting attorney, to the
individual named in the abstract, to an employer or prospective employer or an agent acting on behalf of an employer
or prospective employer of the named individual, or to an
employee or agent of a transit authority checking prospective
volunteer vanpool drivers for insurance and risk management
needs.
(6) The abstract, whenever possible, shall include:
(a) An enumeration of motor vehicle accidents in which
the person was driving;
(b) The total number of vehicles involved;
(c) Whether the vehicles were legally parked or moving;
(d) Whether the vehicles were occupied at the time of
the accident;
(e) Whether the accident resulted in any fatality;
(f) Any reported convictions, forfeitures of bail, or
findings that an infraction was committed based upon a
violation of any motor vehicle law;
(g) The status of the person’s driving privilege in this
state; and
(h) Any reports of failure to appear in response to a
traffic citation or failure to respond to a notice of infraction
served upon the named individual by an arresting officer.
(7) Certified abstracts furnished to prosecutors and alcohol/drug assessment or treatment agencies shall also indicate
whether a recorded violation is an alcohol-related offense as
defined in RCW 46.01.260(2) that was originally charged as
one of the alcohol-related offenses designated in RCW
46.01.260(2)(b)(i).
(8) The abstract provided to the insurance company
shall exclude any information, except that related to the
commission of misdemeanors or felonies by the individual,
pertaining to law enforcement officers or fire fighters as
defined in RCW 41.26.030, or any officer of the Washington
state patrol, while driving official vehicles in the performance of occupational duty. The abstract provided to the
insurance company shall include convictions for RCW
46.61.5249 and 46.61.525 except that the abstract shall
report them only as negligent driving without reference to
whether they are for first or second degree negligent driving.
(2002 Ed.)
Accidents—Reports—Abandoned Vehicles
The abstract provided to the insurance company shall
exclude any deferred prosecution under RCW 10.05.060,
except that if a person is removed from a deferred prosecution under RCW 10.05.090, the abstract shall show the
deferred prosecution as well as the removal.
(9) The director shall collect for each abstract the sum
of five dollars, which shall be deposited in the highway
safety fund.
(10) Any insurance company or its agent receiving the
certified abstract shall use it exclusively for its own underwriting purposes and shall not divulge any of the information
contained in it to a third party. No policy of insurance may
be canceled, nonrenewed, denied, or have the rate increased
on the basis of such information unless the policyholder was
determined to be at fault. No insurance company or its
agent for underwriting purposes relating to the operation of
commercial motor vehicles may use any information contained in the abstract relative to any person’s operation of
motor vehicles while not engaged in such employment, nor
may any insurance company or its agent for underwriting
purposes relating to the operation of noncommercial motor
vehicles use any information contained in the abstract
relative to any person’s operation of commercial motor
vehicles.
(11) Any employer or prospective employer or an agent
acting on behalf of an employer or prospective employer
receiving the certified abstract shall use it exclusively for his
or her own purpose to determine whether the licensee should
be permitted to operate a commercial vehicle or school bus
upon the public highways of this state and shall not divulge
any information contained in it to a third party.
(12) Any employee or agent of a transit authority
receiving a certified abstract for its vanpool program shall
use it exclusively for determining whether the volunteer
licensee meets those insurance and risk management requirements necessary to drive a vanpool vehicle. The transit
authority may not divulge any information contained in the
abstract to a third party.
(13) Any alcohol/drug assessment or treatment agency
approved by the department of social and health services
receiving the certified abstract shall use it exclusively for the
purpose of assisting its employees in making a determination
as to what level of treatment, if any, is appropriate. The
agency, or any of its employees, shall not divulge any
information contained in the abstract to a third party.
(14) Release of a certified abstract of the driving record
of an employee or prospective employee requires a statement
signed by: (a) The employee or prospective employee that
authorizes the release of the record, and (b) the employer
attesting that the information is necessary to determine
whether the licensee should be employed to operate a
commercial vehicle or school bus upon the public highways
of this state. If the employer or prospective employer
authorizes an agent to obtain this information on their behalf,
this must be noted in the statement.
(15) Any negligent violation of this section is a gross
misdemeanor.
(16) Any intentional violation of this section is a class
C felony. [2002 c 352 § 20; 2002 c 221 § 1; 2001 c 309 §
1; 1998 c 165 § 11; 1997 c 66 § 12. Prior: 1996 c 307 §
4; 1996 c 183 § 2; 1994 c 275 § 16; 1991 c 243 § 1; 1989
c 178 § 24; prior: 1987 1st ex.s c 9 § 2; 1987 c 397 § 2;
(2002 Ed.)
46.52.130
1987 c 181 § 1; 1986 c 74 § 1; 1985 ex.s. c 1 § 11; 1979
ex.s. c 136 § 84; 1977 ex.s. c 356 § 2; 1977 ex.s. c 140 § 1;
1973 1st ex.s. c 37 § 1; 1969 ex.s. c 40 § 3; 1967 c 174 §
2; 1967 c 32 § 63; 1963 c 169 § 65; 1961 ex.s. c 21 § 27.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Reviser’s note: This section was amended by 2002 c 221 § 1 and by
2002 c 352 § 20, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1998 c 165 §§ 8-14: See note following RCW
46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
Effective date—1996 c 183: See note following RCW 46.52.030.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Severability—Effective date—1987 1st ex.s. c 9: See notes
following RCW 46.29.050.
Intent—1987 c 397: See note following RCW 46.61.410.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective date—1967 c 174: See note following RCW 46.29.050.
Severability—1963 c 169: See RCW 46.29.910.
Abstract of driving record to be furnished: RCW 46.29.050.
Use of highway safety fund to defray cost of furnishing and maintaining
driving records: RCW 46.68.060.
46.52.190 Abandoned vehicles or hulks—
Impoundment—Notification—Hearing—Liability for
charges—Nonpayment penalty.
Reviser’s note: RCW 46.52.190 was amended by 1987 c 202 § 215
without reference to its repeal by 1987 c 311 § 21. It has been decodified
for publication purposes under RCW 1.12.025.
Chapter 46.55
TOWING AND IMPOUNDMENT
(Formerly: Abandoned, unauthorized, and junk
vehicles—Tow truck operators)
Sections
46.55.010
Definitions.
TOW TRUCK OPERATORS—REGISTRATION REQUIREMENTS
46.55.020
46.55.025
46.55.030
46.55.035
46.55.037
46.55.040
46.55.050
46.55.060
46.55.063
Registration required—Penalty.
Registration or insurance required—Penalty.
Application—Contents, bond, insurance, fee, certificate.
Prohibited acts—Penalty.
Compensation for private impounds.
Permit required—Inspections of equipment and facilities.
Classification of trucks—Marking requirements—Time and
place of inspection—Penalty.
Business location—Requirements.
Fees, schedules, contracts, invoices.
IMPOUNDING UNAUTHORIZED VEHICLES
46.55.070
46.55.075
46.55.080
46.55.085
Posting requirements—Exception.
Law enforcement impound—Required form, procedures.
Law enforcement impound, private impound—Master log—
Certain associations restricted.
Law enforcement impound—Unauthorized vehicle in right
of way.
[Title 46 RCW—page 173]
Chapter 46.55
46.55.090
46.55.100
46.55.105
46.55.110
46.55.113
46.55.115
Title 46 RCW: Motor Vehicles
Storage, return requirements—Personal property—
Combination endorsement for tow truck drivers—
Viewing impounded vehicle.
Impound notice—Abandoned vehicle report—Owner information, liability—Disposition report.
Responsibility of registered owner.
Notice to legal and registered owners.
Removal by police officer.
State patrol—Appointment of towing operators—Lien for
costs—Appeal.
REDEMPTION RIGHTS AND HEARING PROCEDURES
46.55.120
46.55.130
46.55.140
Redemption of vehicles—Sale of unredeemed property—
Improper impoundment.
Notice requirements—Public auction—Accumulation of
storage charges.
Operator’s lien, deficiency claim, liability.
RECORDS, INSPECTIONS, AND ENFORCEMENT
46.55.150
46.55.160
46.55.170
46.55.180
46.55.190
46.55.200
46.55.210
46.55.220
Vehicle transaction file.
Availability of records, equipment, and facilities for audit
and inspection.
Complaints, where forwarded.
Presiding officer at licensing hearing.
Rules.
Penalties for certain acts or omissions.
Cease and desist order.
Refusal to issue license, grounds for.
JUNK VEHICLE DISPOSITION
46.55.230
Junk vehicles—Removal, disposal, sale—Penalties—Cleanup
restitution payment.
46.55.240
Local ordinances—Requirements.
LOCAL REGULATION
MISCELLANEOUS
46.55.900
46.55.901
46.55.902
46.55.910
Severability—1985 c 377.
Headings not part of law—1985 c 377.
Effective date—1985 c 377.
Chapter not applicable to certain activities of department of
transportation.
Removal of unattended vehicle from highway: RCW 46.61.590.
Riding in towed vehicles: RCW 46.61.625.
Safety chains for towing: RCW 46.37.495.
Size, weight, and load exemptions for tow trucks: RCW 46.44.015.
46.55.010 Definitions. The definitions set forth in this
section apply throughout this chapter:
(1) "Abandoned vehicle" means a vehicle that a registered tow truck operator has impounded and held in the
operator’s possession for one hundred twenty consecutive
hours.
(2) "Abandoned vehicle report" means the document
prescribed by the state that the towing operator forwards to
the department after a vehicle has become abandoned.
(3) "Impound" means to take and hold a vehicle in legal
custody. There are two types of impounds—public and
private.
(a) "Public impound" means that the vehicle has been
impounded at the direction of a law enforcement officer or
by a public official having jurisdiction over the public
property upon which the vehicle was located.
(b) "Private impound" means that the vehicle has been
impounded at the direction of a person having control or
possession of the private property upon which the vehicle
was located.
(4) "Junk vehicle" means a vehicle certified under RCW
46.55.230 as meeting at least three of the following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but
not limited to any of the following: A broken window or
windshield, or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
(d) Has an approximate fair market value equal only to
the approximate value of the scrap in it.
(5) "Master log" means the document or an electronic
facsimile prescribed by the department and the Washington
state patrol in which an operator records transactions
involving impounded vehicles.
(6) "Registered tow truck operator" or "operator" means
any person who engages in the impounding, transporting, or
storage of unauthorized vehicles or the disposal of abandoned vehicles.
(7) "Residential property" means property that has no
more than four living units located on it.
(8) "Suspended license impound" means an impound
ordered under RCW 46.55.113 because the operator was
arrested for a violation of RCW 46.20.342 or *46.20.420.
(9) "Tow truck" means a motor vehicle that is equipped
for and used in the business of towing vehicles with equipment as approved by the state patrol.
(10) "Tow truck number" means the number issued by
the department to tow trucks used by a registered tow truck
operator in the state of Washington.
(11) "Tow truck permit" means the permit issued
annually by the department that has the classification of
service the tow truck may provide stamped upon it.
(12) "Tow truck service" means the transporting upon
the public streets and highways of this state of vehicles,
together with personal effects and cargo, by a tow truck of
a registered operator.
(13) "Unauthorized vehicle" means a vehicle that is
subject to impoundment after being left unattended in one of
the following public or private locations for the indicated
period of time:
Subject to removal after:
(a) Public locations:
(i) Constituting an accident or a traffic hazard as
defined in RCW 46.55.113 . . . . . . . . . Immediately
(ii) On a highway and tagged as described in RCW
46.55.085 . . . . . . . . . . . . . . . . . . . . . . . . 24 hours
(iii) In a publicly owned or controlled parking facility,
properly posted under RCW
46.55.070 . . . . . . . . . . . . . . . . . . . . . Immediately
(b) Private locations:
(i) On residential property . . . . . . . . . . . . Immediately
(ii) On private, nonresidential property, properly posted
under RCW 46.55.070 . . . . . . . . . . . . Immediately
(iii) On private, nonresidential property, not
posted . . . . . . . . . . . . . . . . . . . . . . . . . . 24 hours
[1999 c 398 § 2; 1998 c 203 § 8; 1994 c 176 § 1; 1991 c
292 § 1; 1989 c 111 § 1. Prior: 1987 c 330 § 739; 1987 c
311 § 1; 1985 c 377 § 1.]
*Reviser’s note: RCW 46.20.420 was recodified as RCW 46.20.345,
June 1999.
[Title 46 RCW—page 174]
(2002 Ed.)
Towing and Impoundment
Finding—1998 c 203: See note following RCW 46.55.105.
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
TOW TRUCK OPERATORS—
REGISTRATION REQUIREMENTS
46.55.020 Registration required—Penalty. A person
shall not engage in or offer to engage in the activities of a
registered tow truck operator without a current registration
certificate from the department of licensing authorizing him
to engage in such activities. Any person engaging in or
offering to engage in the activities of a registered tow truck
operator without the registration certificate required by this
chapter is guilty of a gross misdemeanor.
A registered operator who engages in a business practice
that is prohibited under this chapter may be issued a notice
of traffic infraction under chapter 46.63 RCW and is also
subject to the civil penalties that may be imposed by the
department under this chapter. A person found to have
committed an offense that is a traffic infraction under this
chapter is subject to a monetary penalty of at least two
hundred fifty dollars. All traffic infractions issued under this
chapter shall be under the jurisdiction of the district court in
whose jurisdiction they were issued. [1989 c 111 § 2; 1985
c 377 § 2.]
46.55.025 Registration or insurance required—
Penalty. A vehicle engaging in the business of recovery of
disabled vehicles for monetary compensation, from or on a
public road or highway must either be operated by a registered tow truck operator, or someone who at a minimum has
insurance in a like manner and amount as prescribed in
RCW 46.55.030(3), and have had their tow trucks inspected
in a like manner as prescribed by RCW 46.55.040(1). The
department shall adopt rules to enforce this section. Failure
to comply with this section is a class 1 civil infraction
punishable under RCW 7.80.120. [1995 c 360 § 2.]
46.55.030 Application—Contents, bond, insurance,
fee, certificate. (1) Application for licensing as a registered
tow truck operator shall be made on forms furnished by the
department, shall be accompanied by an inspection certification from the Washington state patrol, shall be signed by the
applicant or an agent, and shall include the following information:
(a) The name and address of the person, firm, partnership, association, or corporation under whose name the
business is to be conducted;
(b) The names and addresses of all persons having an
interest in the business, or if the owner is a corporation, the
names and addresses of the officers of the corporation;
(c) The names and addresses of all employees who
serve as tow truck drivers;
(d) Proof of minimum insurance required by subsection
(3) of this section;
(e) The vehicle license and vehicle identification
numbers of all tow trucks of which the applicant is the
registered owner;
(f) Any other information the department may require;
and
(2002 Ed.)
46.55.010
(g) A certificate of approval from the Washington state
patrol certifying that:
(i) The applicant has an established place of business
and that mail is received at the address shown on the
application;
(ii) The address of any storage locations where vehicles
may be stored is correctly stated on the application;
(iii) The place of business has an office area that is
accessible to the public without entering the storage area;
and
(iv) The place of business has adequate and secure
storage facilities, as defined in this chapter and the rules of
the department, where vehicles and their contents can be
properly stored and protected.
(2) Before issuing a registration certificate to an
applicant the department shall require the applicant to file
with the department a surety bond in the amount of five
thousand dollars running to the state and executed by a
surety company authorized to do business in this state. The
bond shall be approved as to form by the attorney general
and conditioned that the operator shall conduct his business
in conformity with the provisions of this chapter pertaining
to abandoned or unauthorized vehicles, and to compensate
any person, company, or the state for failure to comply with
this chapter or the rules adopted hereunder, or for fraud,
negligence, or misrepresentation in the handling of these
vehicles. Any person injured by the tow truck operator’s
failure to fully perform duties imposed by this chapter and
the rules adopted hereunder, or an ordinance or resolution
adopted by a city, town, or county is entitled to recover
actual damages, including reasonable attorney’s fees against
the surety and the tow truck operator. Successive recoveries
against the bond shall be permitted, but the aggregate liability of the surety to all persons shall not exceed the amount
of the bond. As a condition of authority to do business, the
operator shall keep the bond in full force and effect. Failure
to maintain the penalty value of the bond or cancellation of
the bond by the surety automatically cancels the operator’s
registration.
(3) Before the department may issue a registration
certificate to an applicant, the applicant shall provide proof
of minimum insurance requirements of:
(a) One hundred thousand dollars for liability for bodily
injury or property damage per occurrence; and
(b) Fifty thousand dollars of legal liability per occurrence, to protect against vehicle damage, including but not
limited to fire and theft, from the time a vehicle comes into
the custody of an operator until it is redeemed or sold.
Cancellation of or failure to maintain the insurance required
by (a) and (b) of this subsection automatically cancels the
operator’s registration.
(4) The fee for each original registration and annual
renewal is one hundred dollars per company, plus fifty
dollars per truck. The department shall forward the registration fee to the state treasurer for deposit in the motor
vehicle fund.
(5) The applicant must submit an inspection certificate
from the state patrol before the department may issue or
renew an operator’s registration certificate or tow truck
permits.
(6) Upon approval of the application, the department
shall issue a registration certificate to the registered operator
[Title 46 RCW—page 175]
46.55.030
Title 46 RCW: Motor Vehicles
to be displayed prominently at the operator’s place of
business. [1989 c 111 § 3; 1987 c 311 § 2; 1985 c 377 § 3.]
46.55.035 Prohibited acts—Penalty. (1) No registered tow truck operator may:
(a) Except as authorized under RCW 46.55.037, ask for
or receive any compensation, gratuity, reward, or promise
thereof from a person having control or possession of private
property or from an agent of the person authorized to sign an
impound authorization, for or on account of the impounding
of a vehicle;
(b) Be beneficially interested in a contract, agreement,
or understanding that may be made by or between a person
having control or possession of private property and an agent
of the person authorized to sign an impound authorization;
(c) Have a financial, equitable, or ownership interest in
a firm, partnership, association, or corporation whose
functions include acting as an agent or a representative of a
property owner for the purpose of signing impound authorizations.
(2) This section does not prohibit the registered tow
truck operator from collecting the costs of towing, storage,
or other services rendered during the course of towing,
removing, impounding, or storing of an impounded vehicle
as provided by RCW 46.55.120.
(3) A violation of this section is a gross misdemeanor.
[1992 c 18 § 1; 1989 c 111 § 4.]
Riding in towed vehicles: RCW 46.61.625.
Safety chains for towing: RCW 46.37.495.
46.55.037 Compensation for private impounds. A
registered tow truck operator may receive compensation from
a private property owner or agent for a private impound of
an unauthorized vehicle that has an approximate fair market
value equal only to the approximate value of the scrap in it.
The private property owner or an agent must authorize the
impound under RCW 46.55.080. The registered tow truck
operator shall process the vehicle in accordance with this
chapter and shall deduct any compensation received from the
private property owner or agent from the amount of the lien
on the vehicle in accordance with this chapter. [1992 c 18
§ 2.]
46.55.040 Permit required—Inspections of equipment and facilities. (1) A registered operator shall apply
for and keep current a tow truck permit for each tow truck
of which the operator is the registered owner. Application
for a tow truck permit shall be accompanied by a report
from the Washington state patrol covering a physical
inspection of each tow truck capable of being used by the
applicant.
(2) Upon receipt of the fee provided in RCW
46.55.030(4) and a satisfactory inspection report from the
state patrol, the department shall issue each tow truck an
annual tow truck permit or decal. The class of the tow
truck, determined according to RCW 46.55.050, shall be
stamped on the permit or decal. The permit or decal shall
be displayed on the passenger side of the truck’s front
windshield.
(3) A tow truck number from the department shall be
affixed in a permanent manner to each tow truck.
[Title 46 RCW—page 176]
(4) The Washington state patrol shall conduct annual
inspections of tow truck operators’ equipment and facilities
during the operators’ normal business hours. Unscheduled
inspections may be conducted without notice at the
operator’s place of business by an inspector to determine the
fitness of a tow truck or facilities. At the time of the
inspection, the operator shall provide a paper copy of the
master log referred to in RCW 46.55.080.
(5) If at the time of the annual or subsequent inspections
the equipment does not meet the requirements of this
chapter, and the deficiency is a safety related deficiency, or
the equipment is necessary to the truck’s performance, the
inspector shall cause the registered tow truck operator to
remove that equipment from service as a tow truck until
such time as the equipment has been satisfactorily repaired.
A red tag shall be placed on the windshield of a tow truck
taken out of service, and the tow truck shall not provide tow
truck service until the Washington state patrol recertifies the
truck and removes the tag. [1989 c 111 § 5; 1985 c 377 §
4.]
46.55.050 Classification of trucks—Marking
requirements—Time and place of inspection—Penalty.
(1) Tow trucks shall be classified by towing capabilities, and
shall meet or exceed all equipment standards set by the state
patrol for the type of tow trucks to be used by an operator.
(2) All tow trucks shall display the firm’s name, city of
address, and telephone number. This information shall be
painted on or permanently affixed to both sides of the
vehicle in accordance with rules adopted by the department.
(3) Before a tow truck is put into tow truck service, or
when the reinspection of a tow truck is necessary, the district
commander of the state patrol shall designate a location and
time for the inspection to be conducted. When practicable,
the inspection or reinspection shall be made within three
business days following the request by the operator.
(4) Failure to comply with any requirement of this
section or rules adopted under it is a traffic infraction.
[1987 c 330 § 740; 1985 c 377 § 5.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
46.55.060 Business location—Requirements. (1) The
address that the tow truck operator lists on his or her
application shall be the business location of the firm where
its files are kept. Each separate business location requires a
separate registration under this chapter. The application shall
also list all locations of secure areas for vehicle storage and
redemption.
(2) Before an additional lot may be used for vehicle
storage, it must be inspected and approved by the state
patrol. The lot must also be inspected and approved on an
annual basis for continued use.
(3) Each business location must have a sign displaying
the firm’s name that is readable from the street.
(4) At the business locations listed where vehicles may
be redeemed, the registered operator shall post in a conspicuous and accessible location:
(a) All pertinent licenses and permits to operate as a
registered tow truck operator;
(2002 Ed.)
Towing and Impoundment
(b) The current towing and storage charges itemized on
a form approved by the department;
(c) The vehicle redemption procedure and rights;
(d) Information supplied by the department as to where
complaints regarding either equipment or service are to be
directed;
(e) Information concerning the acceptance of commercially reasonable tender as defined in *RCW
46.55.120(1)(b).
(5) The department shall adopt rules concerning fencing
and security requirements of storage areas, which may
provide for modifications or exemptions where needed to
achieve compliance with local zoning laws.
(6) On any day when the registered tow truck operator
holds the towing services open for business, the business
office shall remain open with personnel present who are able
to release impounded vehicles in accordance with this
chapter and the rules adopted under it. The normal business
hours of a towing service shall be from 8:00 a.m. to 5:00
p.m. on weekdays, excluding Saturdays, Sundays, and
holidays.
(7) A registered tow truck operator shall maintain
personnel who can be contacted twenty-four hours a day to
release impounded vehicles within a reasonable time.
(8) A registered operator shall provide access to a
telephone for any person redeeming a vehicle, at the time of
redemption. [1989 c 111 § 6; 1987 c 311 § 3; 1985 c 377
§ 6.]
*Reviser’s note: RCW 46.55.120 was amended by 1999 c 398 § 7,
changing subsection (1)(b) to subsection (1)(e).
46.55.063 Fees, schedules, contracts, invoices. (1)
An operator shall file a fee schedule with the department.
All filed fees must be adequate to cover the costs of service
provided. No fees may exceed those filed with the department. At least ten days before the effective date of any
change in an operator’s fee schedule, the registered tow
truck operator shall file the revised fee schedule with the
department.
(2) Towing contracts with private property owners shall
be in written form and state the hours of authorization to
impound, the persons empowered to authorize the impounds,
and the present charge of a private impound for the classes
of tow trucks to be used in the impound, and must be
retained in the files of the registered tow truck operator for
three years.
(3) A fee that is charged for tow truck service must be
calculated on an hourly basis, and after the first hour must
be charged to the nearest quarter hour.
(4) Fees that are charged for the storage of a vehicle, or
for other items of personal property registered or titled with
the department, must be calculated on a twenty-four hour
basis and must be charged to the nearest half day from the
time the vehicle arrived at the secure storage area. However,
items of personal property registered or titled with the department that are wholly contained within an impounded
vehicle are not subject to additional storage fees; they are,
however, subject to satisfying the underlying lien for towing
and storage of the vehicle in which they are contained.
(5) All billing invoices that are provided to the redeemer
of the vehicle, or other items of personal property registered
or titled with the department, must be itemized so that the
(2002 Ed.)
46.55.060
individual fees are clearly discernable. [1995 c 360 § 3;
1989 c 111 § 7.]
IMPOUNDING UNAUTHORIZED VEHICLES
46.55.070 Posting requirements—Exception. (1) No
person may impound, tow, or otherwise disturb any unauthorized vehicle standing on nonresidential private property or
in a public parking facility for less than twenty-four hours
unless a sign is posted near each entrance and on the
property in a clearly conspicuous and visible location to all
who park on such property that clearly indicates:
(a) The times a vehicle may be impounded as an
unauthorized vehicle; and
(b) The name, telephone number, and address of the
towing firm where the vehicle may be redeemed.
(2) The requirements of subsection (1) of this section do
not apply to residential property. Any person having charge
of such property may have an unauthorized vehicle impounded immediately upon giving written authorization.
(3) The department shall adopt rules relating to the size
of the sign required by subsection (1) of this section, its
lettering, placement, and the number required.
(4) This section applies to all new signs erected after
July 1, 1986. All other signs must meet these requirements
by July 1, 1989. [1987 c 311 § 4; 1985 c 377 § 7.]
46.55.075 Law enforcement impound—Required
form, procedures. (1) The Washington state patrol shall
provide by rule for a uniform impound authorization and
inventory form. All law enforcement agencies must use this
form for all vehicle impounds after June 30, 2001.
(2) By January 1, 2003, the Washington state patrol
shall develop uniform impound procedures, which must
include but are not limited to defining an impound and a
visual inspection. Local law enforcement agencies shall
adopt the procedures by July 1, 2003. [2002 c 279 § 5;
1999 c 398 § 3.]
46.55.080 Law enforcement impound, private
impound—Master log—Certain associations restricted.
(1) If a vehicle is in violation of the time restrictions of
RCW 46.55.010(13), it may be impounded by a registered
tow truck operator at the direction of a law enforcement
officer or other public official with jurisdiction if the vehicle
is on public property, or at the direction of the property
owner or an agent if it is on private property. A law
enforcement officer may also direct the impoundment of a
vehicle pursuant to a writ or court order.
(2) The person requesting a private impound or a law
enforcement officer or public official requesting a public
impound shall provide a signed authorization for the impound at the time and place of the impound to the registered
tow truck operator before the operator may proceed with the
impound. A registered tow truck operator, employee, or his
or her agent may not serve as an agent of a property owner
for the purposes of signing an impound authorization or,
independent of the property owner, identify a vehicle for
impound.
(3) In the case of a private impound, the impound
authorization shall include the following statement: "A
[Title 46 RCW—page 177]
46.55.080
Title 46 RCW: Motor Vehicles
person authorizing this impound, if the impound is found in
violation of chapter 46.55 RCW, may be held liable for the
costs incurred by the vehicle owner."
(4) A registered tow truck operator shall record and
keep in the operator’s files the date and time that a vehicle
is put in the operator’s custody and released. The operator
shall make an entry into a master log regarding transactions
relating to impounded vehicles. The operator shall make this
master log available, upon request, to representatives of the
department or the state patrol.
(5) A person who engages in or offers to engage in the
activities of a registered tow truck operator may not be
associated in any way with a person or business whose main
activity is authorizing the impounding of vehicles. [1999 c
398 § 4; 1989 c 111 § 8; 1987 c 311 § 5; 1985 c 377 § 8.]
46.55.085
Law enforcement impound—
Unauthorized vehicle in right of way. (1) A law enforcement officer discovering an unauthorized vehicle left within
a highway right of way shall attach to the vehicle a readily
visible notification sticker. The sticker shall contain the
following information:
(a) The date and time the sticker was attached;
(b) The identity of the officer;
(c) A statement that if the vehicle is not removed within
twenty-four hours from the time the sticker is attached, the
vehicle may be taken into custody and stored at the owner’s
expense;
(d) A statement that if the vehicle is not redeemed as
provided in RCW 46.55.120, the registered owner will have
committed the traffic infraction of littering—abandoned
vehicle; and
(e) The address and telephone number where additional
information may be obtained.
(2) If the vehicle has current Washington registration
plates, the officer shall check the records to learn the identity
of the last owner of record. The officer or his department
shall make a reasonable effort to contact the owner by
telephone in order to give the owner the information on the
notification sticker.
(3) If the vehicle is not removed within twenty-four
hours from the time the notification sticker is attached, the
law enforcement officer may take custody of the vehicle and
provide for the vehicle’s removal to a place of safety. A
vehicle that does not pose a safety hazard may remain on the
roadside for more than twenty-four hours if the owner or
operator is unable to remove it from the place where it is
located and so notifies law enforcement officials and
requests assistance.
(4) For the purposes of this section a place of safety
includes the business location of a registered tow truck
operator. [2002 c 279 § 6; 1993 c 121 § 1; 1987 c 311 § 6.
Formerly RCW 46.52.170 and 46.52.180.]
46.55.090 Storage, return requirements—Personal
property—Combination endorsement for tow truck
drivers—Viewing impounded vehicle. (1) All vehicles
impounded shall be taken to the nearest storage location that
has been inspected and is listed on the application filed with
the department.
[Title 46 RCW—page 178]
(2) All vehicles shall be handled and returned in
substantially the same condition as they existed before being
towed.
(3) All personal belongings and contents in the vehicle,
with the exception of those items of personal property that
are registered or titled with the department, shall be kept
intact, and shall be returned to the vehicle’s owner or agent
during normal business hours upon request and presentation
of a driver’s license or other sufficient identification.
Personal belongings, with the exception of those items of
personal property that are registered or titled with the
department, shall not be sold at auction to fulfill a lien
against the vehicle.
(4) All personal belongings, with the exception of those
items of personal property that are registered or titled with
the department, not claimed before the auction shall be
turned over to the local law enforcement agency to which
the initial notification of impoundment was given. Such personal belongings shall be disposed of pursuant to chapter
63.32 or 63.40 RCW.
(5) Tow truck drivers shall have a Washington state
driver’s license endorsed for the appropriate classification
under chapter 46.25 RCW or the equivalent issued by
another state.
(6) Any person who shows proof of ownership or
written authorization from the impounded vehicle’s registered or legal owner or the vehicle’s insurer may view the
vehicle without charge during normal business hours. [1995
c 360 § 4; 1989 c 178 § 25; 1987 c 311 § 7; 1985 c 377 §
9.]
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
46.55.100 Impound notice—Abandoned vehicle
report—Owner information, liability—Disposition report.
(1) At the time of impoundment the registered tow truck
operator providing the towing service shall give immediate
notification, by telephone or radio, to a law enforcement
agency having jurisdiction who shall maintain a log of such
reports. A law enforcement agency, or a private communication center acting on behalf of a law enforcement agency,
shall within six to twelve hours of the impoundment, provide
to a requesting operator the name and address of the legal
and registered owners of the vehicle, and the registered
owner of any personal property registered or titled with the
department that is attached to or contained in or on the
impounded vehicle, the vehicle identification number, and
any other necessary, pertinent information. The initial notice
of impoundment shall be followed by a written or electronic
facsimile notice within twenty-four hours. In the case of a
vehicle from another state, time requirements of this subsection do not apply until the requesting law enforcement
agency in this state receives the information.
(2) The operator shall immediately send an abandoned
vehicle report to the department for any vehicle, and for any
items of personal property registered or titled with the
department, that are in the operator’s possession after the
one hundred twenty hour abandonment period. Such report
need not be sent when the impoundment is pursuant to a
writ, court order, or police hold that is not a suspended
license impound. The owner notification and abandonment
process shall be initiated by the registered tow truck operator
(2002 Ed.)
Towing and Impoundment
immediately following notification by a court or law enforcement officer that the writ, court order, or police hold that is
not a suspended license impound is no longer in effect.
(3) Following the submittal of an abandoned vehicle
report, the department shall provide the registered tow truck
operator with owner information within seventy-two hours.
(4) Within fourteen days of the sale of an abandoned
vehicle at public auction, the towing operator shall send a
copy of the abandoned vehicle report showing the disposition
of the abandoned vehicle and any other items of personal
property registered or titled with the department to the
department. The vehicle buyer information sent to the
department on the abandoned vehicle report relieves the
previous owner of the vehicle from any civil or criminal
liability for the operation of the vehicle from the date of sale
thereafter and transfers full liability for the vehicle to the
buyer. By January 1, 2003, the department shall create a
system enabling tow truck operators the option of sending
the portion of the abandoned vehicle report that contains the
vehicle’s buyer information to the department electronically.
(5) If the operator sends an abandoned vehicle report to
the department and the department finds no owner information, an operator may proceed with an inspection of the
vehicle and any other items of personal property registered
or titled with the department to determine whether owner
identification is within the vehicle.
(6) If the operator finds no owner identification, the
operator shall immediately notify the appropriate law
enforcement agency, which shall search the vehicle and any
other items of personal property registered or titled with the
department for the vehicle identification number or other
appropriate identification numbers and check the necessary
records to determine the vehicle’s or other property’s
owners. [2002 c 279 § 9; 1999 c 398 § 5; 1998 c 203 § 9;
1995 c 360 § 5; 1991 c 20 § 1; 1989 c 111 § 9; 1987 c 311
§ 8; 1985 c 377 § 10.]
Finding—1998 c 203: See note following RCW 46.55.105.
46.55.105 Responsibility of registered owner. (1)
The abandonment of any vehicle creates a prima facie
presumption that the last registered owner of record is responsible for the abandonment and is liable for costs
incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction.
(2) If an unauthorized vehicle is found abandoned under
subsection (1) of this section and removed at the direction of
law enforcement, the last registered owner of record is guilty
of the traffic infraction of "littering—abandoned vehicle,"
unless the vehicle is redeemed as provided in RCW
46.55.120. In addition to any other monetary penalty
payable under chapter 46.63 RCW, the court shall not
consider all monetary penalties as having been paid until the
court is satisfied that the person found to have committed the
infraction has made restitution in the amount of the deficiency remaining after disposal of the vehicle under RCW
46.55.140.
(3) A vehicle theft report filed with a law enforcement
agency relieves the last registered owner of liability under
subsection (2) of this section for failure to redeem the
vehicle. However, the last registered owner remains liable
for the costs incurred in removing, storing, and disposing of
(2002 Ed.)
46.55.100
the abandoned vehicle under subsection (1) of this section.
Nothing in this section limits in any way the registered
owner’s rights in a civil action or as restitution in a criminal
action against a person responsible for the theft of the
vehicle.
(4) Properly filing a report of sale or transfer regarding
the vehicle involved in accordance with RCW 46.12.101(1)
relieves the last registered owner of liability under subsections (1) and (2) of this section. If the date of sale as
indicated on the report of sale is on or before the date of
impoundment, the buyer identified on the latest properly
filed report of sale with the department is assumed liable for
the costs incurred in removing, storing, and disposing of the
abandoned vehicle, less amounts realized at auction. If the
date of sale is after the date of impoundment, the previous
registered owner is assumed to be liable for such costs. A
licensed vehicle dealer is not liable under subsections (1) and
(2) of this section if the dealer, as transferee or assignee of
the last registered owner of the vehicle involved, has
complied with the requirements of RCW 46.70.122 upon
selling or otherwise disposing of the vehicle, or if the dealer
has timely filed a transitional ownership record or report of
sale under RCW 46.12.103. In that case the person to whom
the licensed vehicle dealer has sold or transferred the vehicle
is assumed liable for the costs incurred in removing, storing,
and disposing of the abandoned vehicle, less amounts
realized at auction.
(5) For the purposes of reporting notices of traffic
infraction to the department under RCW 46.20.270 and
46.52.101, and for purposes of reporting notices of failure to
appear, respond, or comply regarding a notice of traffic
infraction to the department under RCW 46.63.070(6), a
traffic infraction under subsection (2) of this section is not
considered to be a standing, stopping, or parking violation.
(6) A notice of infraction for a violation of this section
may be filed with a court of limited jurisdiction organized
under Title 3, 35, or 35A RCW, or with a violations bureau
subject to the court’s jurisdiction. [2002 c 279 § 10; 1999
c 86 § 5; 1998 c 203 § 2; 1995 c 219 § 4; 1993 c 314 § 1.]
Finding—1998 c 203: "The legislature finds that the license to drive
a motor vehicle on the public highways is suspended or revoked in order to
protect public safety following a driver’s failure to comply with the laws of
this state. Over six hundred persons are killed in traffic accidents in
Washington annually, and more than eighty-four thousand persons are
injured. It is estimated that of the three million four hundred thousand
drivers’ licenses issued to citizens of Washington, more than two hundred
sixty thousand are suspended or revoked at any given time. Suspended
drivers are more likely to be involved in causing traffic accidents, including
fatal accidents, than properly licensed drivers, and pose a serious threat to
the lives and property of Washington residents. Statistics show that
suspended drivers are three times more likely to kill or seriously injure
others in the commission of traffic felony offenses than are validly licensed
drivers. In addition to not having a driver’s license, most such drivers also
lack required liability insurance, increasing the financial burden upon other
citizens through uninsured losses and higher insurance costs for validly
licensed drivers. Because of the threat posed by suspended drivers, all
registered owners of motor vehicles in Washington have a duty to not allow
their vehicles to be driven by a suspended driver.
Despite the existence of criminal penalties for driving with a
suspended or revoked license, an estimated seventy-five percent of these
drivers continue to drive anyway. Existing sanctions are not sufficient to
deter or prevent persons with a suspended or revoked license from driving.
It is common for suspended drivers to resume driving immediately after
being stopped, cited, and released by a police officer and to continue to
drive while a criminal prosecution for suspended driving is pending. More
than half of all suspended drivers charged with the crime of driving while
suspended or revoked fail to appear for court hearings. Vehicle impound[Title 46 RCW—page 179]
46.55.105
Title 46 RCW: Motor Vehicles
ment will provide an immediate consequence which will increase deterrence
and reduce unlawful driving by preventing a suspended driver access to that
vehicle. Vehicle impoundment will also provide an appropriate measure of
accountability for registered owners who permit suspended drivers to drive
their vehicles. Impoundment of vehicles driven by suspended drivers has
been shown to reduce future driving while suspended or revoked offenses
for up to two years afterwards, and the recidivism rate for drivers whose
cars were not impounded was one hundred percent higher than for drivers
whose cars were impounded. In order to adequately protect public safety
and to enforce the state’s driver licensing laws, it is necessary to authorize
the impoundment of any vehicle when it is found to be operated by a driver
with a suspended or revoked license in violation of RCW 46.20.342 and
*46.20.420. The impoundment of a vehicle operated in violation of RCW
46.20.342 or *46.20.420 is intended to be a civil in rem action against the
vehicle in order to remove it from the public highways and reduce the risk
posed to traffic safety by a vehicle accessible to a driver who is reasonably
believed to have violated these laws." [1998 c 203 § 1.]
*Reviser’s note: RCW 46.20.420 was recodified as RCW 46.20.345,
June 1999.
46.55.110 Notice to legal and registered owners. (1)
When an unauthorized vehicle is impounded, the impounding
towing operator shall notify the legal and registered owners
of the impoundment of the unauthorized vehicle and the
owners of any other items of personal property registered or
titled with the department. The notification shall be sent by
first-class mail within twenty-four hours after the impoundment to the last known registered and legal owners of the
vehicle, and the owners of any other items of personal
property registered or titled with the department, as provided
by the law enforcement agency, and shall inform the owners
of the identity of the person or agency authorizing the
impound. The notification shall include the name of the impounding tow firm, its address, and telephone number. The
notice shall also include the location, time of the impound,
and by whose authority the vehicle was impounded. The
notice shall also include the written notice of the right of
redemption and opportunity for a hearing to contest the
validity of the impoundment pursuant to RCW 46.55.120.
(2) In addition, if a suspended license impound has been
ordered, the notice must state the length of the impound, the
requirement of the posting of a security deposit to ensure
payment of the costs of removal, towing, and storage, notification that if the security deposit is not posted the vehicle
will immediately be processed and sold at auction as an
abandoned vehicle, and the requirements set out in RCW
46.55.120(1)(b) regarding the payment of the costs of
removal, towing, and storage as well as providing proof of
satisfaction of any penalties, fines, or forfeitures before
redemption. The notice must also state that the registered
owner is ineligible to purchase the vehicle at the abandoned
vehicle auction, if held.
(3) In the case of an abandoned vehicle, or other item
of personal property registered or titled with the department,
within twenty-four hours after receiving information on the
owners from the department through the abandoned vehicle
report, the tow truck operator shall send by certified mail,
with return receipt requested, a notice of custody and sale to
the legal and registered owners and of the penalties for the
traffic infraction littering—abandoned vehicle.
(4) If the date on which a notice required by subsection
(3) of this section is to be mailed falls upon a Saturday,
Sunday, or a postal holiday, the notice may be mailed on the
next day that is neither a Saturday, Sunday, nor a postal
holiday.
[Title 46 RCW—page 180]
(5) No notices need be sent to the legal or registered
owners of an impounded vehicle or other item of personal
property registered or titled with the department, if the
vehicle or personal property has been redeemed. [2002 c
279 § 11; 1999 c 398 § 6; 1998 c 203 § 3; 1995 c 360 § 6;
1989 c 111 § 10; 1987 c 311 § 9; 1985 c 377 § 11.]
Finding—1998 c 203: See note following RCW 46.55.105.
46.55.113 Removal by police officer. Whenever the
driver of a vehicle is arrested for a violation of RCW
46.61.502 or 46.61.504 or of RCW 46.20.342 or *46.20.420,
the vehicle is subject to impoundment, pursuant to applicable
local ordinance or state agency rule at the direction of a law
enforcement officer. In addition, a police officer may take
custody of a vehicle and provide for its prompt removal to
a place of safety under any of the following circumstances:
(1) Whenever a police officer finds a vehicle standing
upon the roadway in violation of any of the provisions of
RCW 46.61.560, the officer may provide for the removal of
the vehicle or require the driver or other person in charge of
the vehicle to move the vehicle to a position off the roadway;
(2) Whenever a police officer finds a vehicle unattended
upon a highway where the vehicle constitutes an obstruction
to traffic or jeopardizes public safety;
(3) Whenever a police officer finds an unattended
vehicle at the scene of an accident or when the driver of a
vehicle involved in an accident is physically or mentally
incapable of deciding upon steps to be taken to protect his
or her property;
(4) Whenever the driver of a vehicle is arrested and
taken into custody by a police officer;
(5) Whenever a police officer discovers a vehicle that
the officer determines to be a stolen vehicle;
(6) Whenever a vehicle without a special license plate,
card, or decal indicating that the vehicle is being used to
transport a disabled person under RCW 46.16.381 is parked
in a stall or space clearly and conspicuously marked under
RCW 46.61.581 which space is provided on private property
without charge or on public property;
(7) Upon determining that a person is operating a motor
vehicle without a valid driver’s license in violation of RCW
46.20.005 or with a license that has been expired for ninety
days or more.
Nothing in this section may derogate from the powers
of police officers under the common law. For the purposes
of this section, a place of safety may include the business
location of a registered tow truck operator. [1998 c 203 §
4; 1997 c 66 § 7; 1996 c 89 § 1; 1994 c 275 § 32; 1987 c
311 § 10. Formerly RCW 46.61.565.]
*Reviser’s note: RCW 46.20.420 was recodified as RCW 46.20.345,
June 1999.
Finding—1998 c 203: See note following RCW 46.55.105.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.55.115 State patrol—Appointment of towing
operators—Lien for costs—Appeal. The Washington state
patrol, under its authority to remove vehicles from the
highway, may remove the vehicles directly, through towing
operators appointed by the state patrol and called on a
(2002 Ed.)
Towing and Impoundment
rotational or other basis, through contracts with towing
operators, or by a combination of these methods. When
removal is to be accomplished through a towing operator on
a noncontractual basis, the state patrol may appoint any
towing operator for this purpose upon the application of the
operator. Each appointment shall be contingent upon the
submission of an application to the state patrol and the
making of subsequent reports in such form and frequency
and compliance with such standards of equipment, performance, pricing, and practices as may be required by rule of
the state patrol.
An appointment may be rescinded by the state patrol
upon evidence that the appointed towing operator is not
complying with the laws or rules relating to the removal and
storage of vehicles from the highway. The state patrol may
not rescind an appointment merely because a registered tow
truck operator negotiates a different rate for voluntary,
owner-requested towing than for involuntary towing under
this chapter. The costs of removal and storage of vehicles
under this section shall be paid by the owner or driver of the
vehicle and shall be a lien upon the vehicle until paid, unless
the removal is determined to be invalid.
Rules promulgated under this section shall be binding
only upon those towing operators appointed by the state
patrol for the purpose of performing towing services at the
request of the Washington state patrol. Any person aggrieved by a decision of the state patrol made under this
section may appeal the decision under chapter 34.05 RCW.
[1993 c 121 § 2; 1987 c 330 § 744; 1979 ex.s. c 178 § 22;
1977 ex.s. c 167 § 5. Formerly RCW 46.61.567.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1979 ex.s. c 178: See note following RCW 46.61.590.
REDEMPTION RIGHTS AND
HEARING PROCEDURES
46.55.120 Redemption of vehicles—Sale of unredeemed property—Improper impoundment. (1) Vehicles
or other items of personal property registered or titled with
the department that are impounded by registered tow truck
operators pursuant to RCW 46.55.080, 46.55.085, 46.55.113,
or 9A.88.140 may be redeemed only under the following
circumstances:
(a) Only the legal owner, the registered owner, a person
authorized in writing by the registered owner or the vehicle’s
insurer, a person who is determined and verified by the
operator to have the permission of the registered owner of
the vehicle or other item of personal property registered or
titled with the department, or one who has purchased a
vehicle or item of personal property registered or titled with
the department from the registered owner who produces
proof of ownership or written authorization and signs a
receipt therefor, may redeem an impounded vehicle or items
of personal property registered or titled with the department.
In addition, a vehicle impounded because the operator is in
violation of RCW 46.20.342(1)(c) shall not be released until
a person eligible to redeem it under this subsection (1)(a)
satisfies the requirements of (e) of this subsection, including
paying all towing, removal, and storage fees, notwithstanding
the fact that the hold was ordered by a government agency.
(2002 Ed.)
46.55.115
If the department’s records show that the operator has been
convicted of a violation of RCW 46.20.342 or a similar local
ordinance within the past five years, the vehicle may be held
for up to thirty days at the written direction of the agency
ordering the vehicle impounded. A vehicle impounded
because the operator is arrested for a violation of RCW
46.20.342 may be released only pursuant to a written order
from the agency that ordered the vehicle impounded or from
the court having jurisdiction. An agency may issue a written
order to release pursuant to a provision of an applicable state
agency rule or local ordinance authorizing release on the
basis of economic or personal hardship to the spouse of the
operator, taking into consideration public safety factors,
including the operator’s criminal history and driving record.
If a vehicle is impounded because the operator is in
violation of RCW 46.20.342(1) (a) or (b), the vehicle may
be held for up to thirty days at the written direction of the
agency ordering the vehicle impounded. However, if the
department’s records show that the operator has been
convicted of a violation of RCW 46.20.342(1) (a) or (b) or
a similar local ordinance within the past five years, the
vehicle may be held at the written direction of the agency
ordering the vehicle impounded for up to sixty days, and for
up to ninety days if the operator has two or more such prior
offenses. If a vehicle is impounded because the operator is
arrested for a violation of RCW 46.20.342, the vehicle may
not be released until a person eligible to redeem it under this
subsection (1)(a) satisfies the requirements of (e) of this
subsection, including paying all towing, removal, and storage
fees, notwithstanding the fact that the hold was ordered by
a government agency.
(b) If the vehicle is directed to be held for a suspended
license impound, a person who desires to redeem the vehicle
at the end of the period of impound shall within five days of
the impound at the request of the tow truck operator pay a
security deposit to the tow truck operator of not more than
one-half of the applicable impound storage rate for each day
of the proposed suspended license impound. The tow truck
operator shall credit this amount against the final bill for
removal, towing, and storage upon redemption. The tow
truck operator may accept other sufficient security in lieu of
the security deposit. If the person desiring to redeem the
vehicle does not pay the security deposit or provide other
security acceptable to the tow truck operator, the tow truck
operator may process and sell at auction the vehicle as an
abandoned vehicle within the normal time limits set out in
RCW 46.55.130(1). The security deposit required by this
section may be paid and must be accepted at any time up to
twenty-four hours before the beginning of the auction to sell
the vehicle as abandoned. The registered owner is not
eligible to purchase the vehicle at the auction, and the tow
truck operator shall sell the vehicle to the highest bidder who
is not the registered owner.
(c) Notwithstanding (b) of this subsection, a rental car
business may immediately redeem a rental vehicle it owns
by payment of the costs of removal, towing, and storage,
whereupon the vehicle will not be held for a suspended
license impound.
(d) Notwithstanding (b) of this subsection, a motor
vehicle dealer or lender with a perfected security interest in
the vehicle may redeem or lawfully repossess a vehicle
immediately by payment of the costs of removal, towing,
[Title 46 RCW—page 181]
46.55.120
Title 46 RCW: Motor Vehicles
and storage, whereupon the vehicle will not be held for a
suspended license impound. A motor vehicle dealer or
lender with a perfected security interest in the vehicle may
not knowingly and intentionally engage in collusion with a
registered owner to repossess and then return or resell a
vehicle to the registered owner in an attempt to avoid a
suspended license impound. However, this provision does
not preclude a vehicle dealer or a lender with a perfected
security interest in the vehicle from repossessing the vehicle
and then selling, leasing, or otherwise disposing of it in
accordance with *chapter 62A.9 RCW, including providing
redemption rights to the debtor under **RCW 62A.9-506.
If the debtor is the registered owner of the vehicle, the
debtor’s right to redeem the vehicle under *chapter 62A.9
RCW is conditioned upon the debtor obtaining and providing
proof from the impounding authority or court having
jurisdiction that any fines, penalties, and forfeitures owed by
the registered owner, as a result of the suspended license
impound, have been paid, and proof of the payment must be
tendered to the vehicle dealer or lender at the time the debtor
tenders all other obligations required to redeem the vehicle.
Vehicle dealers or lenders are not liable for damages if they
rely in good faith on an order from the impounding agency
or a court in releasing a vehicle held under a suspended
license impound.
(e) The vehicle or other item of personal property
registered or titled with the department shall be released
upon the presentation to any person having custody of the
vehicle of commercially reasonable tender sufficient to cover
the costs of towing, storage, or other services rendered
during the course of towing, removing, impounding, or
storing any such vehicle, with credit being given for the
amount of any security deposit paid under (b) of this
subsection. In addition, if a vehicle is impounded because
the operator was arrested for a violation of RCW 46.20.342
or 46.20.345 and was being operated by the registered owner
when it was impounded under local ordinance or agency
rule, it must not be released to any person until the registered owner establishes with the agency that ordered the
vehicle impounded or the court having jurisdiction that any
penalties, fines, or forfeitures owed by him or her have been
satisfied. Registered tow truck operators are not liable for
damages if they rely in good faith on an order from the
impounding agency or a court in releasing a vehicle held
under a suspended license impound. Commercially reasonable tender shall include, without limitation, cash, major
bank credit cards issued by financial institutions, or personal
checks drawn on Washington state branches of financial
institutions if accompanied by two pieces of valid identification, one of which may be required by the operator to have
a photograph. If the towing firm cannot determine through
the customer’s bank or a check verification service that the
presented check would be paid by the bank or guaranteed by
the service, the towing firm may refuse to accept the check.
Any person who stops payment on a personal check or credit
card, or does not make restitution within ten days from the
date a check becomes insufficient due to lack of funds, to a
towing firm that has provided a service pursuant to this
section or in any other manner defrauds the towing firm in
connection with services rendered pursuant to this section
shall be liable for damages in the amount of twice the
[Title 46 RCW—page 182]
towing and storage fees, plus costs and reasonable attorney’s
fees.
(2)(a) The registered tow truck operator shall give to
each person who seeks to redeem an impounded vehicle, or
item of personal property registered or titled with the
department, written notice of the right of redemption and
opportunity for a hearing, which notice shall be accompanied
by a form to be used for requesting a hearing, the name of
the person or agency authorizing the impound, and a copy of
the towing and storage invoice. The registered tow truck
operator shall maintain a record evidenced by the redeeming
person’s signature that such notification was provided.
(b) Any person seeking to redeem an impounded vehicle
under this section has a right to a hearing in the district or
municipal court for the jurisdiction in which the vehicle was
impounded to contest the validity of the impoundment or the
amount of towing and storage charges. The district court
has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its
agents. The municipal court has jurisdiction to determine the
issues involving impoundments authorized by agents of the
municipality. Any request for a hearing shall be made in
writing on the form provided for that purpose and must be
received by the appropriate court within ten days of the date
the opportunity was provided for in subsection (2)(a) of this
section and more than five days before the date of the
auction. At the time of the filing of the hearing request, the
petitioner shall pay to the court clerk a filing fee in the same
amount required for the filing of a suit in district court. If
the hearing request is not received by the court within the
ten-day period, the right to a hearing is waived and the
registered owner is liable for any towing, storage, or other
impoundment charges permitted under this chapter. Upon
receipt of a timely hearing request, the court shall proceed
to hear and determine the validity of the impoundment.
(3)(a) The court, within five days after the request for
a hearing, shall notify the registered tow truck operator, the
person requesting the hearing if not the owner, the registered
and legal owners of the vehicle or other item of personal
property registered or titled with the department, and the
person or agency authorizing the impound in writing of the
hearing date and time.
(b) At the hearing, the person or persons requesting the
hearing may produce any relevant evidence to show that the
impoundment, towing, or storage fees charged were not
proper. The court may consider a written report made under
oath by the officer who authorized the impoundment in lieu
of the officer’s personal appearance at the hearing.
(c) At the conclusion of the hearing, the court shall
determine whether the impoundment was proper, whether the
towing or storage fees charged were in compliance with the
posted rates, and who is responsible for payment of the fees.
The court may not adjust fees or charges that are in compliance with the posted or contracted rates.
(d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this
chapter together with court costs shall be assessed against
the person or persons requesting the hearing, unless the
operator did not have a signed and valid impoundment
authorization from a private property owner or an authorized
agent.
(2002 Ed.)
Towing and Impoundment
(e) If the impoundment is determined to be in violation
of this chapter, then the registered and legal owners of the
vehicle or other item of personal property registered or titled
with the department shall bear no impoundment, towing, or
storage fees, and any security shall be returned or discharged
as appropriate, and the person or agency who authorized the
impoundment shall be liable for any towing, storage, or other
impoundment fees permitted under this chapter. The court
shall enter judgment in favor of the registered tow truck
operator against the person or agency authorizing the
impound for the impoundment, towing, and storage fees
paid. In addition, the court shall enter judgment in favor of
the registered and legal owners of the vehicle, or other item
of personal property registered or titled with the department,
for the amount of the filing fee required by law for the
impound hearing petition as well as reasonable damages for
loss of the use of the vehicle during the time the same was
impounded, for not less than fifty dollars per day, against the
person or agency authorizing the impound. However, if an
impoundment arising from an alleged violation of RCW
46.20.342 or 46.20.345 is determined to be in violation of
this chapter, then the law enforcement officer directing the
impoundment and the government employing the officer are
not liable for damages if the officer relied in good faith and
without gross negligence on the records of the department in
ascertaining that the operator of the vehicle had a suspended
or revoked driver’s license. If any judgment entered is not
paid within fifteen days of notice in writing of its entry, the
court shall award reasonable attorneys’ fees and costs against
the defendant in any action to enforce the judgment. Notice
of entry of judgment may be made by registered or certified
mail, and proof of mailing may be made by affidavit of the
party mailing the notice. Notice of the entry of the judgment
shall read essentially as follows:
TO: . . . . . .
YOU ARE HEREBY NOTIFIED JUDGMENT was
entered against you in the . . . . . . Court located at
. . . . . . in the sum of $. . . . . ., in an action
entitled . . . . . ., Case No. . . . . YOU ARE
FURTHER NOTIFIED that attorneys fees and costs
will be awarded against you under RCW . . . if the
judgment is not paid within 15 days of the date of
this notice.
DATED this . . . . day of . . . . . ., (year) . . .
Signature . . . . . . . . . .
Typed name and address
of party mailing notice
(4) Any impounded abandoned vehicle or item of
personal property registered or titled with the department that
is not redeemed within fifteen days of mailing of the notice
of custody and sale as required by RCW 46.55.110(3) shall
be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130.
A vehicle or item of personal property registered or titled
with the department may be redeemed at any time before the
start of the auction upon payment of the applicable towing
and storage fees. [2000 c 193 § 1. Prior: 1999 c 398 § 7;
1999 c 327 § 5; 1998 c 203 § 5; 1996 c 89 § 2; 1995 c 360
§ 7; 1993 c 121 § 3; 1989 c 111 § 11; 1987 c 311 § 12;
1985 c 377 § 12.]
(2002 Ed.)
46.55.120
Reviser’s note: *(1) Chapter 62A.9 RCW was repealed in its entirety
by 2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see
chapter 62A.9A RCW.
**(2) For redemption rights, cf. RCW 62A.9A-623.
Findings—Intent—1999 c 327: See note following RCW 9A.88.130.
Finding—1998 c 203: See note following RCW 46.55.105.
46.55.130 Notice requirements—Public auction—
Accumulation of storage charges. (1) If, after the expiration of fifteen days from the date of mailing of notice of
custody and sale required in RCW 46.55.110(3) to the
registered and legal owners, the vehicle remains unclaimed
and has not been listed as a stolen vehicle, or a suspended
license impound has been directed, but no security paid
under RCW 46.55.120, then the registered tow truck operator
having custody of the vehicle shall conduct a sale of the
vehicle at public auction after having first published a notice
of the date, place, and time of the auction in a newspaper of
general circulation in the county in which the vehicle is
located not less than three days and no more than ten days
before the date of the auction. The notice shall contain a
description of the vehicle including the make, model, year,
and license number and a notification that a three-hour
public viewing period will be available before the auction.
The auction shall be held during daylight hours of a normal
business day.
(2) The following procedures are required in any public
auction of such abandoned vehicles:
(a) The auction shall be held in such a manner that all
persons present are given an equal time and opportunity to
bid;
(b) All bidders must be present at the time of auction
unless they have submitted to the registered tow truck
operator, who may or may not choose to use the preauction
bid method, a written bid on a specific vehicle. Written bids
may be submitted up to five days before the auction and
shall clearly state which vehicle is being bid upon, the
amount of the bid, and who is submitting the bid;
(c) The open bid process, including all written bids,
shall be used so that everyone knows the dollar value that
must be exceeded;
(d) The highest two bids received shall be recorded in
written form and shall include the name, address, and
telephone number of each such bidder;
(e) In case the high bidder defaults, the next bidder has
the right to purchase the vehicle for the amount of his or her
bid;
(f) The successful bidder shall apply for title within
fifteen days;
(g) The registered tow truck operator shall post a copy
of the auction procedure at the bidding site. If the bidding
site is different from the licensed office location, the
operator shall post a clearly visible sign at the office location
that describes in detail where the auction will be held. At
the bidding site a copy of the newspaper advertisement that
lists the vehicles for sale shall be posted;
(h) All surplus moneys derived from the auction after
satisfaction of the registered tow truck operator’s lien shall
be remitted within thirty days to the department for deposit
in the state motor vehicle fund. A report identifying the
vehicles resulting in any surplus shall accompany the
remitted funds. If the director subsequently receives a valid
[Title 46 RCW—page 183]
46.55.130
Title 46 RCW: Motor Vehicles
claim from the registered vehicle owner of record as determined by the department within one year from the date of
the auction, the surplus moneys shall be remitted to such
owner;
(i) If an operator receives no bid, or if the operator is
the successful bidder at auction, the operator shall, within
forty-five days, sell the vehicle to a licensed vehicle wrecker,
hulk hauler, or scrap processor by use of the abandoned
vehicle report-affidavit of sale, or the operator shall apply
for title to the vehicle.
(3) A tow truck operator may refuse to accept a bid at
an abandoned vehicle auction under this section for any
reason in the operator’s posted operating procedures and for
any of the following reasons: (a) The bidder is currently
indebted to the operator; (b) the operator has knowledge that
the bidder has previously abandoned vehicles purchased at
auction; or (c) the bidder has purchased, at auction, more
than four vehicles in the last calendar year without obtaining
title to any or all of the vehicles. In no case may an
operator hold a vehicle for longer than ninety days without
holding an auction on the vehicle, except for vehicles that
are under a police or judicial hold.
(4)(a) In no case may the accumulation of storage
charges exceed fifteen days from the date of receipt of the
information by the operator from the department as provided
by RCW 46.55.110(3).
(b) The failure of the registered tow truck operator to
comply with the time limits provided in this chapter limits
the accumulation of storage charges to five days except
where delay is unavoidable. Providing incorrect or incomplete identifying information to the department in the
abandoned vehicle report shall be considered a failure to
comply with these time limits if correct information is
available. However, storage charges begin to accrue again
on the date the correct and complete information is provided
to the department by the registered tow truck operator.
[2002 c 279 § 12; 2000 c 193 § 2; 1998 c 203 § 6; 1989 c
111 § 12; 1987 c 311 § 13; 1985 c 377 § 13.]
Finding—1998 c 203: See note following RCW 46.55.105.
46.55.140 Operator’s lien, deficiency claim, liability.
(1) A registered tow truck operator who has a valid and
signed impoundment authorization has a lien upon the
impounded vehicle for services provided in the towing and
storage of the vehicle, unless the impoundment is determined
to have been invalid. The lien does not apply to personal
property in or upon the vehicle that is not permanently
attached to or is not an integral part of the vehicle except for
items of personal property registered or titled with the
department. The registered tow truck operator also has a
deficiency claim against the registered owner of the vehicle
for services provided in the towing and storage of the
vehicle not to exceed the sum of five hundred dollars after
deduction of the amount bid at auction, and for vehicles of
over ten thousand pounds gross vehicle weight, the operator
has a deficiency claim of one thousand dollars after deduction of the amount bid at auction, unless the impound is
determined to be invalid. The limitation on towing and
storage deficiency claims does not apply to an impound
directed by a law enforcement officer. In no case may the
cost of the auction or a buyer’s fee be added to the amount
[Title 46 RCW—page 184]
charged for the vehicle at the auction, the vehicle’s lien, or
the overage due. A registered owner who has completed and
filed with the department the seller’s report as provided for
by RCW 46.12.101 and has timely and properly filed the
seller’s report is relieved of liability under this section. The
person named as the new owner of the vehicle on the timely
and properly filed seller’s report shall assume liability under
this section.
(2) Any person who tows, removes, or otherwise
disturbs any vehicle parked, stalled, or otherwise left on
privately owned or controlled property, and any person
owning or controlling the private property, or either of them,
are liable to the owner or operator of a vehicle, or each of
them, for consequential and incidental damages arising from
any interference with the ownership or use of the vehicle
which does not comply with the requirements of this chapter.
[1995 c 360 § 8; 1992 c 200 § 1; 1991 c 20 § 2; 1989 c 111
§ 13; 1987 c 311 § 14; 1985 c 377 § 14.]
RECORDS, INSPECTIONS, AND ENFORCEMENT
46.55.150 Vehicle transaction file. The registered
tow truck operator shall keep a transaction file on each
vehicle. The transaction file shall contain as a minimum
those of the following items that are required at the time the
vehicle is redeemed or becomes abandoned and is sold at a
public auction:
(1) A signed impoundment authorization as required by
RCW 46.55.080;
(2) A record of the twenty-four hour written impound
notice to a law enforcement agency;
(3) A copy of the impoundment notification to registered and legal owners, sent within twenty-four hours of
impoundment, that advises the owners of the address of the
impounding firm, a twenty-four hour telephone number, and
the name of the person or agency under whose authority the
vehicle was impounded;
(4) A copy of the abandoned vehicle report that was
sent to and returned by the department;
(5) A copy and proof of mailing of the notice of
custody and sale sent by the registered tow truck operator to
the owners advising them they have fifteen days to redeem
the vehicle before it is sold at public auction;
(6) A copy of the published notice of public auction;
(7) A copy of the affidavit of sale showing the sales
date, purchaser, amount of the lien, and sale price;
(8) A record of the two highest bid offers on the
vehicle, with the names, addresses, and telephone numbers
of the two bidders;
(9) A copy of the notice of opportunity for hearing
given to those who redeem vehicles;
(10) An itemized invoice of charges against the vehicle.
The transaction file shall be kept for a minimum of
three years. [1989 c 111 § 14; 1987 c 311 § 15; 1985 c 377
§ 15.]
46.55.160 Availability of records, equipment, and
facilities for audit and inspection. Records, equipment,
and facilities of a registered tow truck operator shall be
available during normal business hours for audit or inspection by the department of licensing, the Washington state
(2002 Ed.)
Towing and Impoundment
patrol, or any law enforcement agency having jurisdiction.
[1985 c 377 § 16.]
46.55.170 Complaints, where forwarded. (1) All
law enforcement agencies or local licensing agencies that
receive complaints involving registered tow truck operators
shall forward the complaints, along with any supporting
documents including all results from local investigations, to
the department.
(2) Complaints involving deficiencies of equipment shall
be forwarded by the department to the state patrol. [1987 c
330 § 741; 1985 c 377 § 17.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
46.55.180 Presiding officer at licensing hearing.
The director or the chief of the state patrol may use a
hearing officer or administrative law judge for presiding over
a hearing regarding licensing provisions under this chapter
or rules adopted under it. [1989 c 111 § 15; 1987 c 330 §
742; 1985 c 377 § 18.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
46.55.190 Rules. The director, in cooperation with the
chief of the Washington state patrol, shall adopt rules that
carry out the provisions and intent of this chapter. [1985 c
377 § 19.]
46.55.200 Penalties for certain acts or omissions. A
registered tow truck operator’s license may be denied,
suspended, or revoked, or the licensee may be ordered to pay
a monetary penalty of a civil nature, not to exceed one
thousand dollars per violation, or the licensee may be
subjected to any combination of license and monetary
penalty, whenever the director has reason to believe the
licensee has committed, or is at the time committing, a
violation of this chapter or rules adopted under it or any
other statute or rule relating to the title or disposition of
vehicles or vehicle hulks, including but not limited to:
(1) Towing any abandoned vehicle without first obtaining and having in the operator’s possession at all times while
transporting it, appropriate evidence of ownership or an
impound authorization properly executed by the private
person or public official having control over the property on
which the unauthorized vehicle was found;
(2) Forging the signature of the registered or legal
owner on a certificate of title, or forging the signature of any
authorized person on documents pertaining to unauthorized
or abandoned vehicles or automobile hulks;
(3) Failing to comply with the statutes and rules relating
to the processing and sale of abandoned vehicles;
(4) Failing to accept bids on any abandoned vehicle
offered at public sale;
(5) Failing to transmit to the state surplus funds derived
from the sale of an abandoned vehicle;
(6) Selling, disposing of, or having in his possession,
without notifying law enforcement officials, a vehicle that he
knows or has reason to know has been stolen or illegally
appropriated without the consent of the owner;
(2002 Ed.)
46.55.160
(7) Failing to comply with the statutes and rules relating
to the transfer of ownership of vehicles or other procedures
after public sale; or
(8) Failing to pay any civil monetary penalty assessed
by the director pursuant to this section within ten days after
the assessment becomes final.
All orders by the director made under this chapter are
subject to the Administrative Procedure Act, chapter 34.05
RCW. [1989 c 111 § 16; 1985 c 377 § 20.]
46.55.210 Cease and desist order. Whenever it
appears to the director that any registered tow truck operator
or a person offering towing services has engaged in or is
about to engage in any act or practice constituting a violation
of any provision of this chapter or any rule adopted hereunder, the director may issue an order directing the operator or
person to cease and desist from continuing the act or
practice. Reasonable notice of and opportunity for a hearing
shall be given. The director may issue a temporary order
pending a hearing. The temporary order shall remain in
effect until ten days after the hearing is held and shall
become final if the person to whom notice is addressed does
not request a hearing within fifteen days after the receipt of
notice. [1987 c 311 § 17; 1985 c 377 § 21.]
46.55.220 Refusal to issue license, grounds for. If
an application for a license to conduct business as a registered tow truck operator is filed by any person whose license
has previously been canceled for cause by the department, or
if the department is of the opinion that the application is not
filed in good faith or that the application is filed by some
person as a subterfuge for the real person in interest whose
license has previously been canceled for cause, the department, after a hearing, of which the applicant has been given
twenty days’ notice in writing and at which the applicant
may appear in person or by counsel and present testimony,
may refuse to issue such a person a license to conduct business as a registered tow truck operator. [1987 c 311 § 18;
1985 c 377 § 22.]
JUNK VEHICLE DISPOSITION
46.55.230 Junk vehicles—Removal, disposal, sale—
Penalties—Cleanup restitution payment. (1)(a) Notwithstanding any other provision of law, any law enforcement
officer having jurisdiction, or any employee or officer of a
jurisdictional health department acting pursuant to RCW
70.95.240, or any person authorized by the director shall
inspect and may authorize the disposal of an abandoned junk
vehicle. The person making the inspection shall record the
make and vehicle identification number or license number of
the vehicle if available, and shall also verify that the approximate value of the junk vehicle is equivalent only to the
approximate value of the parts.
(b) A tow truck operator may authorize the disposal of
an abandoned junk vehicle if the vehicle has been abandoned
two or more times, the registered ownership information has
not changed since the first abandonment, and the registered
owner is also the legal owner.
[Title 46 RCW—page 185]
46.55.230
Title 46 RCW: Motor Vehicles
(2) The law enforcement officer or department representative shall provide information on the vehicle’s registered
and legal owner to the landowner.
(3) Upon receiving information on the vehicle’s registered and legal owner, the landowner shall mail a notice to
the registered and legal owners shown on the records of the
department. The notification shall describe the redemption
procedure and the right to arrange for the removal of the
vehicle.
(4) If the vehicle remains unclaimed more than fifteen
days after the landowner has mailed notification to the
registered and legal owner, the landowner may dispose of
the vehicle or sign an affidavit of sale to be used as a title
document.
(5) If no information on the vehicle’s registered and
legal owner is found in the records of the department, the
landowner may immediately dispose of the vehicle or sign
an affidavit of sale to be used as a title document.
(6) It is a gross misdemeanor for a person to abandon
a junk vehicle on property. If a junk vehicle is abandoned,
the vehicle’s registered owner shall also pay a cleanup
restitution payment equal to twice the costs incurred in the
removal of the junk vehicle. The court shall distribute onehalf of the restitution payment to the landowner of the
property upon which the junk vehicle is located, and one-half
of the restitution payment to the law enforcement agency or
jurisdictional health department investigating the incident.
(7) For the purposes of this section, the term "landowner" includes a legal owner of private property, a person with
possession or control of private property, or a public official
having jurisdiction over public property.
(8) A person complying in good faith with the requirements of this section is immune from any liability arising out
of an action taken or omission made in the compliance.
[2002 c 279 § 13; 2001 c 139 § 3; 2000 c 154 § 4; 1991 c
292 § 2; 1987 c 311 § 19; 1985 c 377 § 23.]
Severability—2000 c 154: See note following RCW 70.93.030.
LOCAL REGULATION
46.55.240 Local ordinances—Requirements. (1) A
city, town, or county that adopts an ordinance or resolution
concerning unauthorized, abandoned, or impounded vehicles
shall include the applicable provisions of this chapter.
(a) A city, town, or county may, by ordinance, authorize
other impound situations that may arise locally upon the
public right-of-way or other publicly owned or controlled
property.
(b) A city, town, or county ordinance shall contain
language that establishes a written form of authorization to
impound, which may include a law enforcement notice of
infraction or citation, clearly denoting the agency’s authorization to impound.
(c) A city, town, or county may, by ordinance, provide
for release of an impounded vehicle by means of a promissory note in lieu of immediate payment, if at the time of
redemption the legal or registered owner requests a hearing
on the validity of the impoundment. If the municipal
ordinance directs the release of an impounded vehicle before
the payment of the impoundment charges, the municipality
is responsible for the payment of those charges to the
[Title 46 RCW—page 186]
registered tow truck operator within thirty days of the
hearing date.
(d) The hearing specified in RCW 46.55.120(2) and in
this section may be conducted by an administrative hearings
officer instead of in the district court. A decision made by
an administrative hearing officer may be appealed to the
district court for final judgment.
(2) A city, town, or county may adopt an ordinance
establishing procedures for the abatement and removal as
public nuisances of junk vehicles or parts thereof from
private property. Costs of removal may be assessed against
the registered owner of the vehicle if the identity of the
owner can be determined, unless the owner in the transfer of
ownership of the vehicle has complied with RCW 46.12.101,
or the costs may be assessed against the owner of the
property on which the vehicle is stored. A city, town, or
county may also provide for the payment to the tow truck
operator or wrecker as a part of a neighborhood revitalization program.
(3) Ordinances pertaining to public nuisances shall
contain:
(a) A provision requiring notice to the last registered
owner of record and the property owner of record that a
hearing may be requested and that if no hearing is requested,
the vehicle will be removed;
(b) A provision requiring that if a request for a hearing
is received, a notice giving the time, location, and date of the
hearing on the question of abatement and removal of the
vehicle or part thereof as a public nuisance shall be mailed,
by certified mail, with a five-day return receipt requested, to
the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record
unless the vehicle is in such condition that identification
numbers are not available to determine ownership;
(c) A provision that the ordinance shall not apply to (i)
a vehicle or part thereof that is completely enclosed within
a building in a lawful manner where it is not visible from
the street or other public or private property or (ii) a vehicle
or part thereof that is stored or parked in a lawful manner on
private property in connection with the business of a licensed
dismantler or licensed vehicle dealer and is fenced according
to RCW 46.80.130;
(d) A provision that the owner of the land on which the
vehicle is located may appear in person at the hearing or
present a written statement in time for consideration at the
hearing, and deny responsibility for the presence of the
vehicle on the land, with his reasons for the denial. If it is
determined at the hearing that the vehicle was placed on the
land without the consent of the landowner and that he has
not subsequently acquiesced in its presence, then the local
agency shall not assess costs of administration or removal of
the vehicle against the property upon which the vehicle is
located or otherwise attempt to collect the cost from the
owner;
(e) A provision that after notice has been given of the
intent of the city, town, or county to dispose of the vehicle
and after a hearing, if requested, has been held, the vehicle
or part thereof shall be removed at the request of a law
enforcement officer with notice to the Washington state
patrol and the department of licensing that the vehicle has
been wrecked. The city, town, or county may operate such
a disposal site when its governing body determines that
(2002 Ed.)
Towing and Impoundment
commercial channels of disposition are not available or are
inadequate, and it may make final disposition of such
vehicles or parts, or may transfer such vehicle or parts to
another governmental body provided such disposal shall be
only as scrap.
(4) A registered disposer under contract to a city or
county for the impounding of vehicles shall comply with any
administrative regulations adopted by the city or county on
the handling and disposing of vehicles. [1994 c 176 § 2;
1991 c 292 § 3; 1989 c 111 § 17; 1987 c 311 § 20; 1985 c
377 § 24.]
MISCELLANEOUS
46.55.900 Severability—1985 c 377. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 377 § 26.]
46.55.901 Headings not part of law—1985 c 377.
Headings and captions used in this act are not any part of
the law. [1985 c 377 § 27.]
46.55.902 Effective date—1985 c 377. This act shall
take effect on January 1, 1986. [1985 c 377 § 31.]
46.55.910 Chapter not applicable to certain activities of department of transportation. This chapter does
not apply to the state department of transportation to the
extent that it may remove vehicles that are traffic hazards
from bridges and the mountain passes without prior authorization. If such a vehicle is removed, the department shall
immediately notify the appropriate local law enforcement
agency, and the vehicle shall be processed in accordance
with RCW 46.55.110. [1989 c 111 § 18.]
Chapter 46.61
RULES OF THE ROAD
Sections
OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
46.61.005
46.61.015
46.61.020
46.61.021
46.61.022
46.61.024
46.61.025
46.61.030
46.61.035
Chapter refers to vehicles upon highways—Exceptions.
Obedience to police officers, flaggers, or fire fighters—
Penalty.
Refusal to give information to or cooperate with officer—
Penalty.
Duty to obey law enforcement officer—Authority of officer.
Failure to obey officer—Penalty.
Attempting to elude pursuing police vehicle—License revocation.
Persons riding animals or driving animal-drawn vehicles.
Persons working on highway right of way—Exceptions.
Authorized emergency vehicles.
TRAFFIC SIGNS, SIGNALS, AND MARKINGS
46.61.050
46.61.055
46.61.060
46.61.065
46.61.070
46.61.072
46.61.075
(2002 Ed.)
Obedience to and required traffic control devices.
Traffic control signal legend.
Pedestrian control signals.
Flashing signals.
Lane-direction-control signals.
Special traffic control signals—Legend.
Display of unauthorized signs, signals, or markings.
46.61.080
46.61.085
46.55.240
Interference with official traffic-control devices or railroad
signs or signals.
Traffic control signals or devices upon city streets forming
part of state highways—Approval by department of
transportation.
DRIVING ON RIGHT SIDE OF ROADWAY—
OVERTAKING AND PASSING—USE OF ROADWAY
46.61.100
46.61.105
46.61.110
46.61.115
46.61.120
46.61.125
46.61.130
46.61.135
46.61.140
46.61.145
46.61.150
46.61.155
46.61.160
46.61.165
Keep right except when passing, etc.
Passing vehicles proceeding in opposite directions.
Overtaking a vehicle on the left.
When overtaking on the right is permitted.
Limitations on overtaking on the left.
Further limitations on driving to left of center of roadway.
No-passing zones.
One-way roadways and rotary traffic islands.
Driving on roadways laned for traffic.
Following too closely.
Driving on divided highways.
Restricted access.
Restrictions on limited-access highway—Use by bicyclists.
High-occupancy vehicle lanes.
46.61.180
46.61.183
46.61.185
46.61.190
46.61.195
46.61.200
46.61.202
46.61.205
46.61.210
46.61.215
46.61.220
Vehicle approaching intersection.
Nonfunctioning signal lights.
Vehicle turning left.
Vehicle entering stop or yield intersection.
Arterial highways designated—Stopping on entering.
Stop intersections other than arterial may be designated.
Stopping when traffic obstructed.
Vehicle entering highway from private road or driveway.
Operation of vehicles on approach of emergency vehicles.
Highway construction and maintenance.
Transit vehicles.
RIGHT OF WAY
PEDESTRIANS’ RIGHTS AND DUTIES
46.61.230
46.61.235
46.61.240
46.61.245
46.61.250
46.61.255
46.61.260
46.61.261
46.61.264
46.61.266
46.61.269
Pedestrians subject to traffic regulations.
Crosswalks.
Crossing at other than crosswalks.
Drivers to exercise care.
Pedestrians on roadways.
Pedestrians soliciting rides or business.
Driving through safety zone prohibited.
Sidewalks, crosswalks—Pedestrians, bicycles.
Pedestrians yield to emergency vehicles.
Pedestrians under the influence of alcohol or drugs.
Passing beyond bridge or grade crossing barrier prohibited.
TURNING AND STARTING AND SIGNALS
ON STOPPING AND TURNING
46.61.290
46.61.295
46.61.300
46.61.305
46.61.310
46.61.315
Required position and method of turning at intersections.
"U" turns.
Starting parked vehicle.
When signals required—Improper use prohibited.
Signals by hand and arm or signal lamps.
Method of giving hand and arm signals.
46.61.340
46.61.345
46.61.350
Approaching train signal.
All vehicles must stop at certain railroad grade crossings.
Certain vehicles must stop at all railroad grade crossings—
Exceptions.
Moving heavy equipment at railroad grade crossings—
Notice of intended crossing.
Emerging from alley, driveway, or building.
Overtaking or meeting school bus—Duties of bus driver.
School bus stop sign violators—Identification by vehicle
owner.
School bus stop sign violators—Report by bus driver—Law
enforcement investigation.
Overtaking or meeting private carrier bus—Duties of bus
driver.
Rules for design, marking, and mode of operating school
buses.
SPECIAL STOPS REQUIRED
46.61.355
46.61.365
46.61.370
46.61.371
46.61.372
46.61.375
46.61.380
[Title 46 RCW—page 187]
Chapter 46.61
Title 46 RCW: Motor Vehicles
46.61.385
School patrol—Appointment—Authority—Finance—
Insurance.
46.61.400
46.61.405
46.61.410
Basic rule and maximum limits.
Decreases by secretary of transportation.
Increases by secretary of transportation—Maximum speed
limit for trucks—Auto stages—Signs and notices.
When local authorities may alter maximum limits.
Minimum speed regulation—Passing slow moving vehicle.
Slow-moving vehicle to pull off roadway.
Slow-moving vehicle driving on shoulders, when.
Authority of secretary of transportation to fix speed limits
on limited access facilities exclusive—Local regulations.
Local authorities to provide "stop" or "yield" signs at intersections with increased speed highways—Designated as
arterials.
Maximum speed limit when passing school or playground
crosswalks—Penalty, disposition of proceeds.
Due care required.
Maximum speed, weight, or size in traversing bridges, elevated structures, tunnels, underpasses—Posting limits.
Vehicles with solid or hollow cushion tires.
Special speed limitation on motor-driven cycle.
Exceeding speed limit evidence of reckless driving.
Speed traps defined, certain types permitted—Measured
courses, speed measuring devices, timing from aircraft.
SPEED RESTRICTIONS
46.61.415
46.61.425
46.61.427
46.61.428
46.61.430
46.61.435
46.61.440
46.61.445
46.61.450
46.61.455
46.61.460
46.61.465
46.61.470
RECKLESS DRIVING, DRIVING UNDER THE INFLUENCE,
VEHICULAR HOMICIDE AND ASSAULT
46.61.500
46.61.502
46.61.503
46.61.504
46.61.5054
46.61.5055
46.61.5056
46.61.50571
46.61.5058
46.61.506
46.61.508
46.61.513
46.61.5151
46.61.5152
46.61.516
46.61.517
46.61.519
46.61.5191
46.61.5195
46.61.520
46.61.522
46.61.524
46.61.5249
46.61.525
46.61.527
46.61.530
46.61.535
46.61.540
Reckless driving—Penalty.
Driving under the influence.
Driver under twenty-one consuming alcohol—Penalties.
Physical control of vehicle under the influence.
Alcohol violators—Additional fee—Distribution.
Alcohol violators—Penalty schedule.
Alcohol violators—Information school—Evaluation and
treatment.
Alcohol violators—Mandatory appearances.
Alcohol violators—Vehicle seizure and forfeiture.
Persons under influence of intoxicating liquor or drug—
Evidence—Tests—Information concerning tests.
Liability of medical personnel withdrawing blood.
Criminal history and driving record.
Sentences—Intermittent fulfillment—Restrictions.
Attendance at program focusing on victims.
Qualified probation department defined.
Refusal of test—Admissibility as evidence.
Alcoholic beverages—Drinking or open container in vehicle
on highway—Exceptions.
Local ordinances not prohibited.
Disguising alcoholic beverage container.
Vehicular homicide—Penalty.
Vehicular assault—Penalty.
Vehicular homicide, assault—Evaluation, treatment of drug
or alcohol problem.
Negligent driving—First degree.
Negligent driving—Second degree.
Roadway construction zones.
Racing of vehicles on highways—Reckless driving—
Exception.
Advertising of unlawful speed—Reckless driving.
"Drugs," what included.
STOPPING, STANDING, AND PARKING
46.61.560
46.61.570
46.61.575
46.61.577
46.61.581
46.61.582
46.61.583
Stopping, standing, or parking outside business or residence
districts.
Stopping, standing, or parking prohibited in specified places—Reserving portion of highway prohibited.
Additional parking regulations.
Regulations governing parking facilities.
Disabled persons’ parking spaces—Indication, access—
Failure, penalty.
Free parking by disabled persons.
Special plate or card issued by another jurisdiction.
[Title 46 RCW—page 188]
46.61.585
46.61.587
46.61.590
Winter recreational parking areas—Special permit required.
Winter recreational parking areas—Penalty.
Unattended motor vehicle—Removal from highway.
MISCELLANEOUS RULES
46.61.600
46.61.605
46.61.606
46.61.608
46.61.610
46.61.611
46.61.612
46.61.613
Unattended motor vehicle.
Limitations on backing.
Driving on sidewalk prohibited—Exception.
Operating motorcycles on roadways laned for traffic.
Riding on motorcycles.
Motorcycles—Maximum height for handlebars.
Riding on motorcycles—Position of feet.
Motorcycles—Temporary suspension of restrictions for
parades or public demonstrations.
46.61.614 Riding on motorcycles—Clinging to other vehicles.
46.61.615 Obstructions to driver’s view or driving mechanism.
46.61.620 Opening and closing vehicle doors.
46.61.625 Riding in trailers or towed vehicles.
46.61.630 Coasting prohibited.
46.61.635 Following fire apparatus prohibited.
46.61.640 Crossing fire hose.
46.61.645 Throwing dangerous materials on highway prohibited—
Removal.
46.61.655 Dropping load, other materials—Covering.
46.61.660 Carrying persons or animals on outside part of vehicle.
46.61.665 Embracing another while driving.
46.61.670 Driving with wheels off roadway.
46.61.675 Causing or permitting vehicle to be unlawfully operated.
46.61.680 Lowering passenger vehicle below legal clearance—Penalty.
46.61.685 Leaving children unattended in standing vehicle with motor
running—Penalty.
46.61.687 Child passenger restraint required—Conditions—
Exceptions—Penalty for violation—Dismissal—
Noncompliance not negligence.
46.61.688 Safety belts, use required—Penalties—Exemptions.
46.61.6885 Child restraints, seatbelts—Educational campaign.
46.61.690 Violations relating to toll facilities.
46.61.700 Parent or guardian shall not authorize or permit violation by
a child or ward.
46.61.710 Mopeds, EPAMDs, electric-assisted bicycles—General requirements and operation.
46.61.720 Mopeds—Safety standards.
46.61.730 Wheelchair conveyances.
46.61.740 Theft of motor vehicle fuel.
OPERATION OF NONMOTORIZED VEHICLES
46.61.750
46.61.755
46.61.758
46.61.760
46.61.765
46.61.770
46.61.775
46.61.780
46.61.790
46.61.990
Effect of regulations—Penalty.
Traffic laws apply to persons riding bicycles.
Hand signals.
Riding on bicycles.
Clinging to vehicles.
Riding on roadways and bicycle paths.
Carrying articles.
Lamps and other equipment on bicycles.
Intoxicated bicyclists.
Recodification of sections—Organization of chapter—
Construction.
46.61.991 Severability—1965 ex.s. c 155.
Limited access highways, turning, parking violations: RCW 47.52.120.
OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
46.61.005 Chapter refers to vehicles upon highways—Exceptions. The provisions of this chapter relating
to the operation of vehicles refer exclusively to the operation
of vehicles upon highways except:
(1) Where a different place is specifically referred to in
a given section.
(2) The provisions of RCW 46.52.010 through
46.52.090, 46.61.500 through 46.61.525, and 46.61.5249
shall apply upon highways and elsewhere throughout the
(2002 Ed.)
Rules of the Road
state. [1997 c 66 § 13; 1990 c 291 § 4; 1965 ex.s. c 155 §
1.]
46.61.015 Obedience to police officers, flaggers, or
fire fighters—Penalty. No person shall willfully fail or
refuse to comply with any lawful order or direction of any
duly authorized flagger or any police officer or fire fighter
invested by law with authority to direct, control, or regulate
traffic.
A violation of this section is a misdemeanor. [2000 c
239 § 4; 1995 c 50 § 1; 1975 c 62 § 17; 1965 ex.s. c 155 §
3.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Captions not law—2000 c 239: See note following RCW 49.17.350.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.020 Refusal to give information to or cooperate with officer—Penalty. It is unlawful for any person
while operating or in charge of any vehicle to refuse when
requested by a police officer to give his name and address
and the name and address of the owner of such vehicle, or
for such person to give a false name and address, and it is
likewise unlawful for any such person to refuse or neglect to
stop when signaled to stop by any police officer or to refuse
upon demand of such police officer to produce his certificate
of license registration of such vehicle, his insurance identification card, or his vehicle driver’s license or to refuse to
permit such officer to take any such license, card, or
certificate for the purpose of examination thereof or to refuse
to permit the examination of any equipment of such vehicle
or the weighing of such vehicle or to refuse or neglect to
produce the certificate of license registration of such vehicle,
insurance card, or his vehicle driver’s license when requested
by any court. Any police officer shall on request produce
evidence of his authorization as such.
A violation of this section is a misdemeanor. [1995 c
50 § 2; 1989 c 353 § 6; 1967 c 32 § 65; 1961 c 12 §
46.56.190. Prior: 1937 c 189 § 126; RRS § 6360-126; 1927
c 309 § 38; RRS § 6362-38. Formerly RCW 46.56.190.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Severability—Effective date—1989 c 353: See RCW 46.30.900 and
46.30.901.
46.61.021 Duty to obey law enforcement officer—
Authority of officer. (1) Any person requested or signaled
to stop by a law enforcement officer for a traffic infraction
has a duty to stop.
(2) Whenever any person is stopped for a traffic
infraction, the officer may detain that person for a reasonable
period of time necessary to identify the person, check for
outstanding warrants, check the status of the person’s
license, insurance identification card, and the vehicle’s
registration, and complete and issue a notice of traffic
infraction.
(3) Any person requested to identify himself or herself
to a law enforcement officer pursuant to an investigation of
a traffic infraction has a duty to identify himself or herself,
give his or her current address, and sign an acknowledge-
(2002 Ed.)
46.61.005
ment of receipt of the notice of infraction. [1997 1st sp.s. c
1 § 1; 1989 c 353 § 7; 1979 ex.s. c 136 § 4.]
Effective date—1997 1st sp.s. c 1: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [September 17, 1997]." [1997 1st sp.s. c 1 § 2.]
Severability—Effective date—1989 c 353: See RCW 46.30.900 and
46.30.901.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.61.022 Failure to obey officer—Penalty. Any
person who wilfully fails to stop when requested or signaled
to do so by a person reasonably identifiable as a law
enforcement officer or to comply with RCW 46.61.021(3),
is guilty of a misdemeanor. [1979 ex.s. c 136 § 5.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.61.024 Attempting to elude pursuing police
vehicle—License revocation. Any driver of a motor vehicle
who wilfully fails or refuses to immediately bring his vehicle
to a stop and who drives his vehicle in a manner indicating
a wanton or wilful disregard for the lives or property of
others while attempting to elude a pursuing police vehicle,
after being given a visual or audible signal to bring the
vehicle to a stop, shall be guilty of a class C felony. The
signal given by the police officer may be by hand, voice,
emergency light, or siren. The officer giving such a signal
shall be in uniform and his vehicle shall be appropriately
marked showing it to be an official police vehicle.
The license or permit to drive or any nonresident
driving privilege of a person convicted of a violation of this
section shall be revoked by the department of licensing.
[1983 c 80 § 1; 1982 1st ex.s. c 47 § 25; 1979 ex.s. c 75 §
1.]
Severability—1982 1st ex.s. c 47: See note following RCW
9.41.190.
46.61.025 Persons riding animals or driving animaldrawn vehicles. Every person riding an animal or driving
any animal-drawn vehicle upon a roadway shall be granted
all of the rights and shall be subject to all of the duties
applicable to the driver of a vehicle by this chapter except
those provisions of this chapter which by their very nature
can have no application. [1965 ex.s. c 155 § 4.]
46.61.030 Persons working on highway right of
way—Exceptions. Unless specifically made applicable, the
provisions of this chapter except those contained in RCW
46.61.500 through 46.61.520 shall not apply to persons,
motor vehicles and other equipment while engaged in work
within the right of way of any highway but shall apply to
such persons and vehicles when traveling to or from such
work. [1969 c 76 § 1; 1965 ex.s. c 155 § 5.]
46.61.035 Authorized emergency vehicles. (1) The
driver of an authorized emergency vehicle, when responding
to an emergency call or when in the pursuit of an actual or
suspected violator of the law or when responding to but not
[Title 46 RCW—page 189]
46.61.035
Title 46 RCW: Motor Vehicles
upon returning from a fire alarm, may exercise the privileges
set forth in this section, but subject to the conditions herein
stated.
(2) The driver of an authorized emergency vehicle may:
(a) Park or stand, irrespective of the provisions of this
chapter;
(b) Proceed past a red or stop signal or stop sign, but
only after slowing down as may be necessary for safe
operation;
(c) Exceed the maximum speed limits so long as he
does not endanger life or property;
(d) Disregard regulations governing direction of movement or turning in specified directions.
(3) The exemptions herein granted to an authorized
emergency vehicle shall apply only when such vehicle is
making use of visual signals meeting the requirements of
RCW 46.37.190, except that: (a) An authorized emergency
vehicle operated as a police vehicle need not be equipped
with or display a red light visible from in front of the
vehicle; (b) authorized emergency vehicles shall use audible
signals when necessary to warn others of the emergency
nature of the situation but in no case shall they be required
to use audible signals while parked or standing.
(4) The foregoing provisions shall not relieve the driver
of an authorized emergency vehicle from the duty to drive
with due regard for the safety of all persons, nor shall such
provisions protect the driver from the consequences of his
reckless disregard for the safety of others. [1969 c 23 § 1;
1965 ex.s. c 155 § 6.]
TRAFFIC SIGNS, SIGNALS, AND MARKINGS
46.61.050 Obedience to and required traffic control
devices. (1) The driver of any vehicle, every bicyclist, and
every pedestrian shall obey the instructions of any official
traffic control device applicable thereto placed in accordance
with the provisions of this chapter, unless otherwise directed
by a traffic or police officer, subject to the exception granted
the driver of an authorized emergency vehicle in this
chapter.
(2) No provision of this chapter for which official traffic
control devices are required shall be enforced against an
alleged violator if at the time and place of the alleged
violation an official device is not in proper position and
sufficiently legible or visible to be seen by an ordinarily
observant person. Whenever a particular section does not
state that official traffic control devices are required, such
section shall be effective even though no devices are erected
or in place.
(3) Whenever official traffic control devices are placed
in position approximately conforming to the requirements of
this chapter, such devices shall be presumed to have been so
placed by the official act or direction of lawful authority,
unless the contrary shall be established by competent
evidence.
(4) Any official traffic control device placed pursuant to
the provisions of this chapter and purporting to conform to
the lawful requirements pertaining to such devices shall be
presumed to comply with the requirements of this chapter,
unless the contrary shall be established by competent
evidence. [1975 c 62 § 18; 1965 ex.s. c 155 § 7.]
[Title 46 RCW—page 190]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
Bicycle awareness program: RCW 43.43.390.
46.61.055 Traffic control signal legend. Whenever
traffic is controlled by traffic control signals exhibiting
different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green,
red and yellow shall be used, except for special pedestrian
signals carrying a word or legend, and said lights shall
indicate and apply to drivers of vehicles and pedestrians as
follows:
(1) Green indication
(a) Vehicle operators facing a circular green signal may
proceed straight through or turn right or left unless a sign at
such place prohibits either such turn. Vehicle operators
turning right or left shall stop to allow other vehicles
lawfully within the intersection control area to complete their
movements. Vehicle operators turning right or left shall also
stop for pedestrians who are lawfully within the intersection
control area as required by RCW 46.61.235(1).
(b) Vehicle operators facing a green arrow signal, shown
alone or in combination with another indication, may enter
the intersection control area only to make the movement
indicated by such arrow, or such other movement as is
permitted by other indications shown at the same time.
Vehicle operators shall stop to allow other vehicles lawfully
within the intersection control area to complete their movements. Vehicle operators shall also stop for pedestrians who
are lawfully within the intersection control area as required
by RCW 46.61.235(1).
(c) Unless otherwise directed by a pedestrian control
signal, as provided in RCW 46.61.060 as now or hereafter
amended, pedestrians facing any green signal, except when
the sole green signal is a turn arrow, may proceed across the
roadway within any marked or unmarked crosswalk.
(2) Steady yellow indication
(a) Vehicle operators facing a steady circular yellow or
yellow arrow signal are thereby warned that the related green
movement is being terminated or that a red indication will be
exhibited immediately thereafter when vehicular traffic shall
not enter the intersection. Vehicle operators shall stop for
pedestrians who are lawfully within the intersection control
area as required by RCW 46.61.235(1).
(b) Pedestrians facing a steady circular yellow or yellow
arrow signal, unless otherwise directed by a pedestrian
control signal as provided in RCW 46.61.060 shall not enter
the roadway.
(3) Steady red indication
(a) Vehicle operators facing a steady circular red signal
alone shall stop at a clearly marked stop line, but if none,
before entering the crosswalk on the near side of the
intersection or, if none, then before entering the intersection
control area and shall remain standing until an indication to
proceed is shown. However, the vehicle operators facing a
steady circular red signal may, after stopping proceed to
make a right turn from a one-way or two-way street into a
two-way street or into a one-way street carrying traffic in the
direction of the right turn; or a left turn from a one-way or
two-way street into a one-way street carrying traffic in the
direction of the left turn; unless a sign posted by competent
(2002 Ed.)
Rules of the Road
authority prohibits such movement. Vehicle operators
planning to make such turns shall remain stopped to allow
other vehicles lawfully within or approaching the intersection
control area to complete their movements. Vehicle operators
planning to make such turns shall also remain stopped for
pedestrians who are lawfully within the intersection control
area as required by RCW 46.61.235(1).
(b) Unless otherwise directed by a pedestrian control
signal as provided in RCW 46.61.060 as now or hereafter
amended, pedestrians facing a steady circular red signal
alone shall not enter the roadway.
(c) Vehicle operators facing a steady red arrow indication may not enter the intersection control area to make the
movement indicated by such arrow, and unless entering the
intersection control area to make such other movement as is
permitted by other indications shown at the same time, shall
stop at a clearly marked stop line, but if none, before
entering a crosswalk on the near side of the intersection control area, or if none, then before entering the intersection
control area and shall remain standing until an indication to
make the movement indicated by such arrow is shown.
However, the vehicle operators facing a steady red arrow
indication may, after stopping proceed to make a right turn
from a one-way or two-way street into a two-way street or
into a one-way street carrying traffic in the direction of the
right turn; or a left turn from a one-way street or two-way
street into a one-way street carrying traffic in the direction
of the left turn; unless a sign posted by competent authority
prohibits such movement. Vehicle operators planning to
make such turns shall remain stopped to allow other vehicles
lawfully within or approaching the intersection control area
to complete their movements. Vehicle operators planning to
make such turns shall also remain stopped for pedestrians
who are lawfully within the intersection control area as
required by RCW 46.61.235(1).
(d) Unless otherwise directed by a pedestrian signal,
pedestrians facing a steady red arrow signal indication shall
not enter the roadway.
(4) If an official traffic control signal is erected and
maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those
provisions which by their nature can have no application.
Any stop required shall be made at a sign or marking on the
pavement indicating where the stop shall be made, but in the
absence of any such sign or marking the stop shall be made
at the signal. [1993 c 153 § 2; 1990 c 241 § 2; 1975 c 62
§ 19; 1965 ex.s. c 155 § 8.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.060 Pedestrian control signals. Whenever
pedestrian control signals exhibiting the words "Walk" or the
walking person symbol or "Don’t Walk" or the hand symbol
are operating, the signals shall indicate as follows:
(1) WALK or walking person symbol—Pedestrians
facing such signal may cross the roadway in the direction of
the signal. Vehicle operators shall stop for pedestrians who
are lawfully moving within the intersection control area on
such signal as required by RCW 46.61.235(1).
(2) Steady or flashing DON’T WALK or hand symbol—Pedestrians facing such signal shall not enter the
roadway. Vehicle operators shall stop for pedestrians who
(2002 Ed.)
46.61.055
have begun to cross the roadway before the display of either
signal as required by RCW 46.61.235(1).
(3) Pedestrian control signals having the "Wait" legend
in use on August 6, 1965, shall be deemed authorized signals
and shall indicate the same as the "Don’t Walk" legend.
Whenever such pedestrian control signals are replaced the
legend "Wait" shall be replaced by the legend "Don’t Walk"
or the hand symbol. [1993 c 153 § 3; 1990 c 241 § 3; 1975
c 62 § 20; 1965 ex.s. c 155 § 9.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.065 Flashing signals. (1) Whenever an illuminated flashing red or yellow signal is used in a traffic sign
or signal it shall require obedience by vehicular traffic as
follows:
(a) FLASHING RED (STOP SIGNAL). When a red
lens is illuminated with rapid intermittent flashes, drivers of
vehicles shall stop at a clearly marked stop line, but if none,
before entering a marked crosswalk on the near side of the
intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching
traffic on the intersecting roadway before entering the
intersection, and the right to proceed shall be subject to the
rules applicable after making a stop at a stop sign.
(b) FLASHING YELLOW (CAUTION SIGNAL).
When a yellow lens is illuminated with rapid intermittent
flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
(2) This section shall not apply at railroad grade
crossings. Conduct of drivers of vehicles approaching
railroad grade crossings shall be governed by the rules as set
forth in RCW 46.61.340. [1975 c 62 § 21; 1965 ex.s. c 155
§ 10.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.070 Lane-direction-control signals. When
lane-direction-control signals are placed over the individual
lanes of a street or highway, vehicular traffic may travel in
any lane over which a green signal is shown, but shall not
enter or travel in any lane over which a red signal is shown.
[1965 ex.s. c 155 § 11.]
46.61.072 Special traffic control signals—Legend.
Whenever special traffic control signals exhibit a downward
green arrow, a yellow X, or a red X indication, such signal
indication shall have the following meaning:
(1) A steady downward green arrow means that a driver
is permitted to drive in the lane over which the arrow signal
is located.
(2) A steady yellow X or flashing red X means that a
driver should prepare to vacate, in a safe manner, the lane
over which the signal is located because a lane control
change is being made, and to avoid occupying that lane
when a steady red X is displayed.
(3) A flashing yellow X means that a driver is permitted
to use a lane over which the signal is located for a left turn,
using proper caution.
(4) A steady red X means that a driver shall not drive
in the lane over which the signal is located, and that this
indication shall modify accordingly the meaning of all other
traffic controls present. The driver shall obey all other
[Title 46 RCW—page 191]
46.61.072
Title 46 RCW: Motor Vehicles
traffic controls and follow normal safe driving practices.
[1975 c 62 § 49.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.075 Display of unauthorized signs, signals, or
markings. (1) No person shall place, maintain or display
upon or in view of any highway any unauthorized sign,
signal, marking or device which purports to be or is an
imitation of or resembles an official traffic-control device or
railroad sign or signal, or which attempts to direct the
movement of traffic, or which hides from view or interferes
with the effectiveness of an official traffic-control device or
any railroad sign or signal.
(2) No person shall place or maintain nor shall any
public authority permit upon any highway any traffic sign or
signal bearing thereon any commercial advertising.
(3) This section shall not be deemed to prohibit the
erection upon private property adjacent to highways of signs
giving useful directional information and of a type that
cannot be mistaken for official signs.
(4) Every such prohibited sign, signal or marking is
hereby declared to be a public nuisance and the authority
having jurisdiction over the highway is hereby empowered
to remove the same or cause it to be removed without
notice. [1965 ex.s. c 155 § 12.]
46.61.080 Interference with official traffic-control
devices or railroad signs or signals. No person shall,
without lawful authority, attempt to or in fact alter, deface,
injure, knock down or remove any official traffic-control
device or any railroad sign or signal or any inscription,
shield or insignia thereon, or any other part thereof. [1965
ex.s. c 155 § 13.]
Interference with traffic-control signals or railroad signs or signals: RCW
47.36.130.
46.61.085 Traffic control signals or devices upon
city streets forming part of state highways—Approval by
department of transportation. No traffic control signal or
device may be erected or maintained upon any city street
designated as forming a part of the route of a primary state
highway or secondary state highway unless first approved by
the state department of transportation. [1984 c 7 § 62; 1965
ex.s. c 155 § 14.]
Severability—1984 c 7: See note following RCW 47.01.141.
Local authorities to provide stop signs at intersections with increased speed
highways: RCW 46.61.435.
DRIVING ON RIGHT SIDE OF ROADWAY—
OVERTAKING AND PASSING—
USE OF ROADWAY
46.61.100 Keep right except when passing, etc. (1)
Upon all roadways of sufficient width a vehicle shall be
driven upon the right half of the roadway, except as follows:
(a) When overtaking and passing another vehicle
proceeding in the same direction under the rules governing
such movement;
(b) When an obstruction exists making it necessary to
drive to the left of the center of the highway; provided, any
person so doing shall yield the right of way to all vehicles
[Title 46 RCW—page 192]
traveling in the proper direction upon the unobstructed
portion of the highway within such distance as to constitute
an immediate hazard;
(c) Upon a roadway divided into three marked lanes and
providing for two-way movement traffic under the rules
applicable thereon; or
(d) Upon a street or highway restricted to one-way
traffic.
(2) Upon all roadways having two or more lanes for
traffic moving in the same direction, all vehicles shall be
driven in the right-hand lane then available for traffic, except
(a) when overtaking and passing another vehicle proceeding
in the same direction, (b) when traveling at a speed greater
than the traffic flow, (c) when moving left to allow traffic to
merge, or (d) when preparing for a left turn at an intersection, exit, or into a private road or driveway when such left
turn is legally permitted. On any such roadway, a vehicle or
combination over ten thousand pounds shall be driven only
in the right-hand lane except under the conditions enumerated in (a) through (d) of this subsection.
(3) No vehicle towing a trailer or no vehicle or combination over ten thousand pounds may be driven in the lefthand lane of a limited access roadway having three or more
lanes for traffic moving in one direction except when
preparing for a left turn at an intersection, exit, or into a
private road or driveway when a left turn is legally permitted. This subsection does not apply to a vehicle using a
high-occupancy vehicle lane. A high-occupancy vehicle lane
is not considered the left-hand lane of a roadway. The
department of transportation, in consultation with the
Washington state patrol, shall adopt rules specifying (a)
those circumstances where it is permissible for other vehicles
to use the left lane in case of emergency or to facilitate the
orderly flow of traffic, and (b) those segments of limited
access roadway to be exempt from this subsection due to the
operational characteristics of the roadway.
(4) It is a traffic infraction to drive continuously in the
left lane of a multilane roadway when it impedes the flow of
other traffic.
(5) Upon any roadway having four or more lanes for
moving traffic and providing for two-way movement of
traffic, a vehicle shall not be driven to the left of the center
line of the roadway except when authorized by official
traffic control devices designating certain lanes to the left
side of the center of the roadway for use by traffic not
otherwise permitted to use such lanes, or except as permitted
under subsection (1)(b) of this section. However, this
subsection shall not be construed as prohibiting the crossing
of the center line in making a left turn into or from an alley,
private road or driveway. [1997 c 253 § 1; 1986 c 93 § 2;
1972 ex.s. c 33 § 1; 1969 ex.s. c 281 § 46; 1967 ex.s. c 145
§ 58; 1965 ex.s. c 155 § 15.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Legislative intent—1986 c 93: "It is the intent of the legislature, in
this 1985 [1986] amendment of RCW 46.61.100, that the left-hand lane on
any state highway with two or more lanes in the same direction be used
primarily as a passing lane." [1986 c 93 § 1.]
Information on proper use of left-hand lane: RCW 28A.220.050, 46.20.095,
46.82.430, 47.36.260.
46.61.105 Passing vehicles proceeding in opposite
directions. Drivers of vehicles proceeding in opposite
(2002 Ed.)
Rules of the Road
directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in
each direction each driver shall give to the other at least onehalf of the main-traveled portion of the roadway as nearly as
possible. [1975 c 62 § 22; 1965 ex.s. c 155 § 16.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.110 Overtaking a vehicle on the left. The
following rules shall govern the overtaking and passing of
vehicles proceeding in the same direction, subject to those
limitations, exceptions and special rules hereinafter stated:
(1) The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall pass to the left thereof
at a safe distance and shall not again drive to the right side
of the roadway until safely clear of the overtaken vehicle.
(2) Except when overtaking and passing on the right is
permitted, the driver of an overtaken vehicle shall give way
to the right in favor of the overtaking vehicle on audible
signal and shall not increase the speed of his vehicle until
completely passed by the overtaking vehicle. [1965 ex.s. c
155 § 17.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.115 When overtaking on the right is permitted. (1) The driver of a vehicle may overtake and pass upon
the right of another vehicle only under the following
conditions:
(a) When the vehicle overtaken is making or about to
make a left turn;
(b) Upon a roadway with unobstructed pavement of
sufficient width for two or more lines of vehicles moving
lawfully in the direction being traveled by the overtaking
vehicle.
(2) The driver of a vehicle may overtake and pass
another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be
made by driving off the roadway. [1975 c 62 § 23; 1965
ex.s. c 155 § 18.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.120 Limitations on overtaking on the left. No
vehicle shall be driven to the left side of the center of the
roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions
of RCW 46.61.100 through 46.61.160 and unless such left
side is clearly visible and is free of oncoming traffic for a
sufficient distance ahead to permit such overtaking and
passing to be completely made without interfering with the
operation of any vehicle approaching from the opposite
direction or any vehicle overtaken. In every event the
overtaking vehicle must return to an authorized lane of travel
as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles
approaching from the opposite direction, before coming within two hundred feet of any approaching vehicle. [1965 ex.s.
c 155 § 19.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
(2002 Ed.)
46.61.105
46.61.125 Further limitations on driving to left of
center of roadway. (1) No vehicle shall be driven on the
left side of the roadway under the following conditions:
(a) When approaching or upon the crest of a grade or a
curve in the highway where the driver’s view is obstructed
within such distance as to create a hazard in the event
another vehicle might approach from the opposite direction;
(b) When approaching within one hundred feet of or
traversing any intersection or railroad grade crossing;
(c) When the view is obstructed upon approaching
within one hundred feet of any bridge, viaduct or tunnel.
(2) The foregoing limitations shall not apply upon a
one-way roadway, nor under the conditions described in
RCW 46.61.100(1)(b), nor to the driver of a vehicle turning
left into or from an alley, private road or driveway. [1972
ex.s. c 33 § 2; 1965 ex.s. c 155 § 20.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.130 No-passing zones. (1) The state department
of transportation and the local authorities are authorized to
determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving to
the left of the roadway would be especially hazardous and
may by appropriate signs or markings on the roadway
indicate the beginning and end of such zones. When such
signs or markings are in place and clearly visible to an
ordinarily observant person every driver of a vehicle shall
obey the directions thereof.
(2) Where signs or markings are in place to define a nopassing zone as set forth in subsection (1) of this section, no
driver may at any time drive on the left side of the roadway
within the no-passing zone or on the left side of any pavement striping designed to mark the no-passing zone throughout its length.
(3) This section does not apply under the conditions
described in RCW 46.61.100(1)(b), nor to the driver of a
vehicle turning left into or from an alley, private road, or
driveway. [1984 c 7 § 63; 1972 ex.s. c 33 § 3; 1965 ex.s.
c 155 § 21.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1984 c 7: See note following RCW 47.01.141.
46.61.135 One-way roadways and rotary traffic
islands. (1) The state department of transportation and the
local authorities with respect to highways under their
respective jurisdictions may designate any highway, roadway, part of a roadway, or specific lanes upon which
vehicular traffic shall proceed in one direction at all or such
times as shall be indicated by official traffic control devices.
(2) Upon a roadway so designated for one-way traffic,
a vehicle shall be driven only in the direction designated at
all or such times as shall be indicated by official traffic
control devices.
(3) A vehicle passing around a rotary traffic island shall
be driven only to the right of such island. [1984 c 7 § 64;
1975 c 62 § 24; 1965 ex.s. c 155 § 22.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1975 c 62: See note following RCW 36.75.010.
[Title 46 RCW—page 193]
46.61.140
Title 46 RCW: Motor Vehicles
46.61.140 Driving on roadways laned for traffic.
Whenever any roadway has been divided into two or more
clearly marked lanes for traffic the following rules in
addition to all others consistent herewith shall apply:
(1) A vehicle shall be driven as nearly as practicable
entirely within a single lane and shall not be moved from
such lane until the driver has first ascertained that such
movement can be made with safety.
(2) Upon a roadway which is divided into three lanes
and provides for two-way movement of traffic, a vehicle
shall not be driven in the center lane except when overtaking
and passing another vehicle traveling in the same direction
when such center lane is clear of traffic within a safe
distance, or in preparation for making a left turn or where
such center lane is at the time allocated exclusively to traffic
moving in the same direction that the vehicle is proceeding
and such allocation is designated by official traffic-control
devices.
(3) Official traffic-control devices may be erected
directing slow moving or other specified traffic to use a
designated lane or designating those lanes to be used by
traffic moving in a particular direction regardless of the
center of the roadway and drivers of vehicles shall obey the
directions of every such device.
(4) Official traffic-control devices may be installed
prohibiting the changing of lanes on sections of roadway and
drivers of vehicles shall obey the directions of every such
device. [1965 ex.s. c 155 § 23.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.145 Following too closely. (1) The driver of a
motor vehicle shall not follow another vehicle more closely
than is reasonable and prudent, having due regard for the
speed of such vehicles and the traffic upon and the condition
of the highway.
(2) The driver of any motor truck or motor vehicle
drawing another vehicle when traveling upon a roadway
outside of a business or residence district and which is
following another motor truck or motor vehicle drawing
another vehicle shall, whenever conditions permit, leave
sufficient space so that an overtaking vehicle may enter and
occupy such space without danger, except that this shall not
prevent a motor truck or motor vehicle drawing another
vehicle from overtaking and passing any like vehicle or other
vehicle.
(3) Motor vehicles being driven upon any roadway
outside of a business or residence district in a caravan or
motorcade whether or not towing other vehicles shall be so
operated as to allow sufficient space between each such
vehicle or combination of vehicles so as to enable any other
vehicle to enter and occupy such space without danger. This
provision shall not apply to funeral processions. [1965 ex.s.
c 155 § 24.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.150 Driving on divided highways. Whenever
any highway has been divided into two or more roadways by
leaving an intervening space or by a physical barrier or
clearly indicated dividing section or by a median island not
less than eighteen inches wide formed either by solid yellow
pavement markings or by a yellow crosshatching between
[Title 46 RCW—page 194]
two solid yellow lines so installed as to control vehicular
traffic, every vehicle shall be driven only upon the righthand roadway unless directed or permitted to use another
roadway by official traffic-control devices or police officers.
No vehicle shall be driven over, across or within any such
dividing space, barrier or section, or median island, except
through an opening in such physical barrier or dividing
section or space or median island, or at a crossover or
intersection established by public authority. [1972 ex.s. c 33
§ 4; 1965 ex.s. c 155 § 25.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.155 Restricted access. No person shall drive a
vehicle onto or from any limited access roadway except at
such entrances and exits as are established by public authority. [1965 ex.s. c 155 § 26.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.160 Restrictions on limited-access highway—
Use by bicyclists. The department of transportation may by
order, and local authorities may by ordinance or resolution,
with respect to any limited access highway under their
respective jurisdictions prohibit the use of any such highway
by funeral processions, or by parades, pedestrians, bicycles
or other nonmotorized traffic, or by any person operating a
motor-driven cycle. Bicyclists may use the right shoulder of
limited-access highways except where prohibited. The
department of transportation may by order, and local
authorities may by ordinance or resolution, with respect to
any limited-access highway under their respective jurisdictions prohibit the use of the shoulders of any such highway
by bicycles within urban areas or upon other sections of the
highway where such use is deemed to be unsafe.
The department of transportation or the local authority
adopting any such prohibitory regulation shall erect and
maintain official traffic control devices on the limited access
roadway on which such regulations are applicable, and when
so erected no person may disobey the restrictions stated on
such devices. [1982 c 55 § 5; 1975 c 62 § 25; 1965 ex.s. c
155 § 27.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.165 High-occupancy vehicle lanes. The state
department of transportation and the local authorities are
authorized to reserve all or any portion of any highway
under their respective jurisdictions, including any designated
lane or ramp, for the exclusive or preferential use of public
transportation vehicles or private motor vehicles carrying no
fewer than a specified number of passengers when such
limitation will increase the efficient utilization of the highway or will aid in the conservation of energy resources.
Regulations authorizing such exclusive or preferential use of
a highway facility may be declared to be effective at all
times or at specified times of day or on specified days.
Violation of a restriction of highway usage prescribed by the
appropriate authority under this section is a traffic infraction.
[1999 c 206 § 1; 1998 c 245 § 90; 1991 sp.s. c 15 § 67;
1984 c 7 § 65; 1974 ex.s. c 133 § 2.]
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
Severability—1984 c 7: See note following RCW 47.01.141.
(2002 Ed.)
Rules of the Road
Limited access facilities: RCW 47.52.025.
RIGHT OF WAY
46.61.180 Vehicle approaching intersection. (1)
When two vehicles approach or enter an intersection from
different highways at approximately the same time, the
driver of the vehicle on the left shall yield the right of way
to the vehicle on the right.
(2) The right of way rule declared in subsection (1) of
this section is modified at arterial highways and otherwise as
stated in this chapter. [1975 c 62 § 26; 1965 ex.s. c 155 §
28.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.183 Nonfunctioning signal lights. Except when
directed to proceed by a flagger, police officer, or fire
fighter, the driver of a vehicle approaching an intersection
controlled by a traffic control signal that is temporarily
without power on all approaches or is not displaying any
green, red, or yellow indication to the approach the vehicle
is on, shall consider the intersection to be an all-way stop.
After stopping, the driver shall yield the right of way in
accordance with RCW 46.61.180(1) and 46.61.185. [1999
c 200 § 1.]
46.61.185 Vehicle turning left. The driver of a
vehicle intending to turn to the left within an intersection or
into an alley, private road, or driveway shall yield the right
of way to any vehicle approaching from the opposite
direction which is within the intersection or so close thereto
as to constitute an immediate hazard. [1965 ex.s. c 155 §
29.]
46.61.190 Vehicle entering stop or yield intersection. (1) Preferential right of way may be indicated by stop
signs or yield signs as authorized in RCW 47.36.110.
(2) Except when directed to proceed by a duly authorized flagger, or a police officer, or a fire fighter vested by
law with authority to direct, control, or regulate traffic, every
driver of a vehicle approaching a stop sign shall stop at a
clearly marked stop line, but if none, before entering a
marked crosswalk on the near side of the intersection or, if
none, then at the point nearest the intersecting roadway
where the driver has a view of approaching traffic on the
intersecting roadway before entering the roadway, and after
having stopped shall yield the right of way to any vehicle in
the intersection or approaching on another roadway so
closely as to constitute an immediate hazard during the time
when such driver is moving across or within the intersection
or junction of roadways.
(3) The driver of a vehicle approaching a yield sign
shall in obedience to such sign slow down to a speed
reasonable for the existing conditions and if required for
safety to stop, shall stop at a clearly marked stop line, but if
none, before entering a marked crosswalk on the near side
of the intersection or if none, then at the point nearest the
intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering
the roadway, and then after slowing or stopping, the driver
(2002 Ed.)
46.61.165
shall yield the right of way to any vehicle in the intersection
or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is
moving across or within the intersection or junction of
roadways: PROVIDED, That if such a driver is involved in
a collision with a vehicle in the intersection or junction of
roadways, after driving past a yield sign without stopping,
such collision shall be deemed prima facie evidence of the
driver’s failure to yield right of way. [2000 c 239 § 5; 1975
c 62 § 27; 1965 ex.s. c 155 § 30.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Captions not law—2000 c 239: See note following RCW 49.17.350.
Severability—1975 c 62: See note following RCW 36.75.010.
Stop signs, "Yield" signs—Duties of persons using highway: RCW
47.36.110.
46.61.195 Arterial highways designated—Stopping
on entering. All state highways are hereby declared to be
arterial highways as respects all other public highways or
private ways, except that the state department of transportation has the authority to designate any county road or city
street as an arterial having preference over the traffic on the
state highway if traffic conditions will be improved by such
action.
Those city streets designated by the state department of
transportation as forming a part of the routes of state
highways through incorporated cities and towns are declared
to be arterial highways as respects all other city streets or
private ways.
The governing authorities of incorporated cities and
towns may designate any street as an arterial having preference over the traffic on a state highway if the change is first
approved in writing by the state department of transportation.
The local authorities making such a change in arterial
designation shall do so by proper ordinance or resolution and
shall erect or cause to be erected and maintained standard
stop signs, or "Yield" signs, to accomplish this change in
arterial designation.
The operator of any vehicle entering upon any arterial
highway from any other public highway or private way shall
come to a complete stop before entering the arterial highway
when stop signs are erected as provided by law. [1984 c 7
§ 66; 1963 ex.s. c 3 § 48; 1961 c 12 § 46.60.330. Prior:
1955 c 146 § 5; 1947 c 200 § 14; 1937 c 189 § 105; Rem.
Supp. 1947 § 6360-105. Formerly RCW 46.60.330.]
Severability—1984 c 7: See note following RCW 47.01.141.
City streets subject to increased speed, designation as arterials: RCW
46.61.435.
Stop signs, "Yield" signs—Duties of persons using highway: RCW
47.36.110.
46.61.200 Stop intersections other than arterial may
be designated. In addition to the points of intersection of
any public highway with any arterial public highway that is
constituted by law or by any proper authorities of this state
or any city or town of this state, the state department of
transportation with respect to state highways, and the proper
authorities with respect to any other public highways, have
the power to determine and designate any particular intersection, or any particular highways, roads, or streets or portions
thereof, at any intersection with which vehicles shall be
[Title 46 RCW—page 195]
46.61.200
Title 46 RCW: Motor Vehicles
required to stop before entering such intersection. Upon the
determination and designation of such points at which
vehicles will be required to come to a stop before entering
the intersection, the proper authorities so determining and
designating shall cause to be posted and maintained proper
signs of the standard design adopted by the state department
of transportation indicating that the intersection has been so
determined and designated and that vehicles entering it are
required to stop. It is unlawful for any person operating any
vehicle when entering any intersection determined, designated, and bearing the required sign to fail and neglect to bring
the vehicle to a complete stop before entering the intersection. [1984 c 7 § 67; 1961 c 12 § 46.60.340. Prior: 1937
c 189 § 106; RRS § 6360-106; 1927 c 284 § 1; RRS §
6362-41a. Formerly RCW 46.60.340.]
(2) The driver of a vehicle shall yield the right of way
to any authorized vehicle obviously and actually engaged in
work upon a highway whenever such vehicle displays
flashing lights meeting the requirements of RCW 46.37.300.
[1975 c 62 § 40.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.220 Transit vehicles. (1) The driver of a
vehicle shall yield the right of way to a transit vehicle
traveling in the same direction that has signalled and is
reentering the traffic flow.
(2) Nothing in this section shall operate to relieve the
driver of a transit vehicle from the duty to drive with due
regard for the safety of all persons using the roadway.
[1993 c 401 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
46.61.202 Stopping when traffic obstructed. No
driver shall enter an intersection or a marked crosswalk or
drive onto any railroad grade crossing unless there is
sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle
he is operating without obstructing the passage of other
vehicles, pedestrians, or railroad trains notwithstanding any
traffic control signal indications to proceed. [1975 c 62 §
48.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.205 Vehicle entering highway from private
road or driveway. The driver of a vehicle about to enter or
cross a highway from a private road or driveway shall yield
the right of way to all vehicles lawfully approaching on said
highway. [1990 c 250 § 88; 1965 ex.s. c 155 § 31.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1990 c 250: See note following RCW 46.16.301.
46.61.210 Operation of vehicles on approach of
emergency vehicles. (1) Upon the immediate approach of
an authorized emergency vehicle making use of audible and
visual signals meeting the requirements of RCW 46.37.190,
or of a police vehicle properly and lawfully making use of
an audible signal only the driver of every other vehicle shall
yield the right of way and shall immediately drive to a
position parallel to, and as close as possible to, the righthand edge or curb of the roadway clear of any intersection
and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise
directed by a police officer.
(2) This section shall not operate to relieve the driver of
an authorized emergency vehicle from the duty to drive with
due regard for the safety of all persons using the highway.
[1965 ex.s. c 155 § 32.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.215 Highway construction and maintenance.
(1) The driver of a vehicle shall yield the right of way to
any authorized vehicle or pedestrian actually engaged in
work upon a highway within any highway construction or
maintenance area indicated by official traffic control devices.
[Title 46 RCW—page 196]
PEDESTRIANS’ RIGHTS AND DUTIES
46.61.230 Pedestrians subject to traffic regulations.
Pedestrians shall be subject to traffic-control signals at
intersections as provided in RCW 46.61.060, and at all other
places pedestrians shall be accorded the privileges and shall
be subject to the restrictions stated in this chapter. [1965
ex.s. c 155 § 33.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.235 Crosswalks. (1) The operator of an
approaching vehicle shall stop and remain stopped to allow
a pedestrian or bicycle to cross the roadway within an unmarked or marked crosswalk when the pedestrian or bicycle
is upon or within one lane of the half of the roadway upon
which the vehicle is traveling or onto which it is turning.
For purposes of this section "half of the roadway" means all
traffic lanes carrying traffic in one direction of travel, and
includes the entire width of a one-way roadway.
(2) No pedestrian or bicycle shall suddenly leave a curb
or other place of safety and walk, run, or otherwise move
into the path of a vehicle which is so close that it is impossible for the driver to stop.
(3) Subsection (1) of this section does not apply under
the conditions stated in RCW 46.61.240(2).
(4) Whenever any vehicle is stopped at a marked
crosswalk or at any unmarked crosswalk at an intersection to
permit a pedestrian or bicycle to cross the roadway, the
driver of any other vehicle approaching from the rear shall
not overtake and pass such stopped vehicle. [2000 c 85 § 1;
1993 c 153 § 1; 1990 c 241 § 4; 1965 ex.s. c 155 § 34.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.240 Crossing at other than crosswalks. (1)
Every pedestrian crossing a roadway at any point other than
within a marked crosswalk or within an unmarked crosswalk
at an intersection shall yield the right of way to all vehicles
upon the roadway.
(2) Where curb ramps exist at or adjacent to intersections or at marked crosswalks in other locations, disabled
persons may enter the roadway from the curb ramps and
cross the roadway within or as closely as practicable to the
crosswalk. All other pedestrian rights and duties as defined
elsewhere in this chapter remain applicable.
(2002 Ed.)
Rules of the Road
(3) Any pedestrian crossing a roadway at a point where
a pedestrian tunnel or overhead pedestrian crossing has been
provided shall yield the right of way to all vehicles upon the
roadway.
(4) Between adjacent intersections at which trafficcontrol signals are in operation pedestrians shall not cross at
any place except in a marked crosswalk.
(5) No pedestrian shall cross a roadway intersection
diagonally unless authorized by official traffic-control
devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official trafficcontrol devices pertaining to such crossing movements.
(6) No pedestrian shall cross a roadway at an unmarked
crosswalk where an official sign prohibits such crossing.
[1990 c 241 § 5; 1965 ex.s. c 155 § 35.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.245 Drivers to exercise care. Notwithstanding
the foregoing provisions of this chapter every driver of a
vehicle shall exercise due care to avoid colliding with any
pedestrian upon any roadway and shall give warning by
sounding the horn when necessary and shall exercise proper
precaution upon observing any child or any obviously
confused or incapacitated person upon a roadway. [1965
ex.s. c 155 § 36.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Blind pedestrians: Chapter 70.84 RCW.
46.61.250 Pedestrians on roadways. (1) Where
sidewalks are provided it is unlawful for any pedestrian to
walk or otherwise move along and upon an adjacent roadway. Where sidewalks are provided but wheelchair access
is not available, disabled persons who require such access
may walk or otherwise move along and upon an adjacent
roadway until they reach an access point in the sidewalk.
(2) Where sidewalks are not provided any pedestrian
walking or otherwise moving along and upon a highway
shall, when practicable, walk or move only on the left side
of the roadway or its shoulder facing traffic which may
approach from the opposite direction and upon meeting an
oncoming vehicle shall move clear of the roadway. [1990
c 241 § 6; 1965 ex.s. c 155 § 37.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.255 Pedestrians soliciting rides or business.
(1) No person shall stand in or on a public roadway or
alongside thereof at any place where a motor vehicle cannot
safely stop off the main traveled portion thereof for the
purpose of soliciting a ride for himself or for another from
the occupant of any vehicle.
(2) It shall be unlawful for any person to solicit a ride
for himself or another from within the right of way of any
limited access facility except in such areas where permission
to do so is given and posted by the highway authority of the
state, county, city or town having jurisdiction over the highway.
(3) The provisions of subsections (1) and (2) above shall
not be construed to prevent a person upon a public highway
from soliciting, or a driver of a vehicle from giving a ride
where an emergency actually exists, nor to prevent a person
from signaling or requesting transportation from a passenger
(2002 Ed.)
46.61.240
carrier for the purpose of becoming a passenger thereon for
hire.
(4) No person shall stand in a roadway for the purpose
of soliciting employment or business from the occupant of
any vehicle.
(5) No person shall stand on or in proximity to a street
or highway for the purpose of soliciting the watching or
guarding of any vehicle while parked or about to be parked
on a street or highway.
(6)(a) Except as provided in (b) of this subsection, the
state preempts the field of the regulation of hitchhiking in
any form, and no county, city, or town shall take any action
in conflict with the provisions of this section.
(b) A county, city, or town may regulate or prohibit
hitchhiking in an area in which it has determined that
prostitution is occurring and that regulating or prohibiting
hitchhiking will help to reduce prostitution in the area.
[1989 c 288 § 1; 1972 ex.s. c 38 § 1; 1965 ex.s. c 155 §
38.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.260 Driving through safety zone prohibited.
No vehicle shall at any time be driven through or within a
safety zone. [1965 ex.s. c 155 § 39.]
46.61.261 Sidewalks, crosswalks—Pedestrians,
bicycles. The driver of a vehicle shall yield the right of way
to any pedestrian or bicycle on a sidewalk. The rider of a
bicycle shall yield the right of way to a pedestrian on a sidewalk or crosswalk. [2000 c 85 § 2; 1975 c 62 § 41.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.264 Pedestrians yield to emergency vehicles.
(1) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the
requirements of RCW 46.37.380 subsection (4) and visual
signals meeting the requirements of RCW 46.37.190, or of
a police vehicle meeting the requirements of RCW 46.61.035
subsection (3), every pedestrian shall yield the right of way
to the authorized emergency vehicle.
(2) This section shall not relieve the driver of an
authorized emergency vehicle from the duty to drive with
due regard for the safety of all persons using the highway
nor from the duty to exercise due care to avoid colliding
with any pedestrian. [1975 c 62 § 42.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.266 Pedestrians under the influence of alcohol
or drugs. A law enforcement officer may offer to transport
a pedestrian who appears to be under the influence of
alcohol or any drug and who is walking or moving along or
within the right of way of a public roadway, unless the
pedestrian is to be taken into protective custody under RCW
70.96A.120.
The law enforcement officer offering to transport an
intoxicated pedestrian under this section shall:
(1) Transport the intoxicated pedestrian to a safe place;
or
[Title 46 RCW—page 197]
46.61.266
Title 46 RCW: Motor Vehicles
(2) Release the intoxicated pedestrian to a competent
person.
The law enforcement officer shall take no action if the
pedestrian refuses this assistance. No suit or action may be
commenced or prosecuted against the law enforcement
officer, law enforcement agency, the state of Washington, or
any political subdivision of the state for any act resulting
from the refusal of the pedestrian to accept this assistance.
[1990 c 241 § 7; 1987 c 11 § 1; 1975 c 62 § 43.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.269 Passing beyond bridge or grade crossing
barrier prohibited. (1) No pedestrian shall enter or remain
upon any bridge or approach thereto beyond a bridge signal
gate, or barrier indicating a bridge is closed to through
traffic, after a bridge operation signal indication has been
given.
(2) No pedestrian shall pass through, around, over, or
under any crossing gate or barrier at a railroad grade
crossing or bridge while such gate or barrier is closed or is
being opened or closed. [1975 c 62 § 44.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
TURNING AND STARTING AND SIGNALS ON
STOPPING AND TURNING
46.61.290 Required position and method of turning
at intersections. The driver of a vehicle intending to turn
shall do so as follows:
(1) Right turns. Both the approach for a right turn and
a right turn shall be made as close as practicable to the righthand curb or edge of the roadway.
(2) Left turns. The driver of a vehicle intending to turn
left shall approach the turn in the extreme left-hand lane
lawfully available to traffic moving in the direction of travel
of the vehicle. Whenever practicable the left turn shall be
made to the left of the center of the intersection and so as to
leave the intersection or other location in the extreme lefthand lane lawfully available to traffic moving in the same
direction as the vehicle on the roadway being entered.
(3) Two-way left turn lanes.
(a) The department of transportation and local authorities in their respective jurisdictions may designate a two-way
left turn lane on a roadway. A two-way left turn lane is
near the center of the roadway set aside for use by vehicles
making left turns in either direction from or into the roadway.
(b) Two-way left turn lanes shall be designated by
distinctive uniform roadway markings. The department of
transportation shall determine and prescribe standards and
specifications governing type, length, width, and positioning
of the distinctive permanent markings. The standards and
specifications developed shall be filed with the code reviser
in accordance with the procedures set forth in the administrative procedure act, chapter 34.05 RCW. On and after
July 1, 1971, permanent markings designating a two-way left
turn lane shall conform to such standards and specifications.
(c) Upon a roadway where a center lane has been
provided by distinctive pavement markings for the use of
[Title 46 RCW—page 198]
vehicles turning left from either direction, no vehicles may
turn left from any other lane. A vehicle shall not be driven
in this center lane for the purpose of overtaking or passing
another vehicle proceeding in the same direction. No vehicle
may travel further than three hundred feet within the lane.
A signal, either electric or manual, for indicating a left turn
movement, shall be made at least one hundred feet before
the actual left turn movement is made.
(4) The department of transportation and local authorities in their respective jurisdictions may cause official trafficcontrol devices to be placed and thereby require and direct
that a different course from that specified in this section be
traveled by turning vehicles, and when the devices are so
placed no driver of a vehicle may turn a vehicle other than
as directed and required by the devices. [1997 c 202 § 1.
Prior: 1984 c 12 § 1; 1984 c 7 § 68; 1975 c 62 § 28; 1969
ex.s. c 281 § 61; 1965 ex.s. c 155 § 40.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.295 "U" turns. (1) The driver of any vehicle
shall not turn such vehicle so as to proceed in the opposite
direction unless such movement can be made in safety and
without interfering with other traffic.
(2) No vehicle shall be turned so as to proceed in the
opposite direction upon any curve, or upon the approach to
or near the crest of a grade, where such vehicle cannot be
seen by the driver of any other vehicle approaching from
either direction within five hundred feet. [1975 c 62 § 29;
1965 ex.s. c 155 § 41.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
Limited access highways: RCW 47.52.120.
46.61.300 Starting parked vehicle. No person shall
start a vehicle which is stopped, standing or parked unless
and until such movement can be made with reasonable
safety. [1965 ex.s. c 155 § 42.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.305 When signals required—Improper use
prohibited. (1) No person shall turn a vehicle or move right
or left upon a roadway unless and until such movement can
be made with reasonable safety nor without giving an
appropriate signal in the manner hereinafter provided.
(2) A signal of intention to turn or move right or left
when required shall be given continuously during not less
than the last one hundred feet traveled by the vehicle before
turning.
(3) No person shall stop or suddenly decrease the speed
of a vehicle without first giving an appropriate signal in the
manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such
signal.
(4) The signals provided for in RCW 46.61.310 subsection (2), shall not be flashed on one side only on a disabled
vehicle, flashed as a courtesy or "do pass" signal to operators
of other vehicles approaching from the rear, nor be flashed
on one side only of a parked vehicle except as may be
(2002 Ed.)
Rules of the Road
necessary for compliance with this section. [1975 c 62 § 30;
1965 ex.s. c 155 § 43.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.310 Signals by hand and arm or signal lamps.
(1) Any stop or turn signal when required herein shall be
given either by means of the hand and arm or by signal
lamps, except as otherwise provided in subsection (2) hereof.
(2) Any motor vehicle in use on a highway shall be
equipped with, and required signal shall be given by, signal
lamps when the distance from the center of the top of the
steering post to the left outside limit of the body, cab or load
of such motor vehicle exceeds twenty-four inches, or when
the distance from the center of the top of the steering post to
the rear limit of the body or load thereof exceeds fourteen
feet. The latter measurements shall apply to any single
vehicle, also to any combination of vehicles. [1965 ex.s. c
155 § 44.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.315 Method of giving hand and arm signals.
All signals herein required given by hand and arm shall be
given from the left side of the vehicle in the following
manner and such signals shall indicate as follows:
(1) Left turn. Hand and arm extended horizontally.
(2) Right turn. Hand and arm extended upward.
(3) Stop or decrease speed. Hand and arm extended
downward. [1965 ex.s. c 155 § 45.]
SPECIAL STOPS REQUIRED
46.61.340 Approaching train signal. (1) Whenever
any person driving a vehicle approaches a railroad grade
crossing under any of the circumstances stated in this
section, the driver of such vehicle shall stop within fifty feet
but not less than fifteen feet from the nearest rail of such
railroad, and shall not proceed until the crossing can be
made safely. The foregoing requirements shall apply when:
(a) A clearly visible electric or mechanical signal device
gives warning of the immediate approach of a railroad train;
(b) A crossing gate is lowered or when a human flagger
gives or continues to give a signal of the approach or
passage of a railroad train;
(c) An approaching railroad train is plainly visible and
is in hazardous proximity to such crossing.
(2) No person shall drive any vehicle through, around or
under any crossing gate or barrier at a railroad crossing
while such gate or barrier is closed or is being opened or
closed. [2000 c 239 § 6; 1965 ex.s. c 155 § 46.]
Captions not law—2000 c 239: See note following RCW 49.17.350.
46.61.345 All vehicles must stop at certain railroad
grade crossings. The state department of transportation and
local authorities within their respective jurisdictions are
authorized to designate particularly dangerous highway grade
crossings of railroads and to erect stop signs at those crossings. When such stop signs are erected the driver of any
vehicle shall stop within fifty feet but not less than fifteen
feet from the nearest rail of the railroad and shall proceed
(2002 Ed.)
46.61.305
only upon exercising due care. [1984 c 7 § 69; 1965 ex.s.
c 155 § 47.]
Severability—1984 c 7: See note following RCW 47.01.141.
46.61.350 Certain vehicles must stop at all railroad
grade crossings—Exceptions. (1) The driver of any motor
vehicle carrying passengers for hire, other than a passenger
car, or of any school bus or private carrier bus carrying any
school child or other passenger, or of any vehicle carrying
explosive substances or flammable liquids as a cargo or part
of a cargo, before crossing at grade any track or tracks of a
railroad, shall stop such vehicle within fifty feet but not less
than fifteen feet from the nearest rail of such railroad and
while so stopped shall listen and look in both directions
along such track for any approaching train, and for signals
indicating the approach of a train, except as hereinafter
provided, and shall not proceed until he can do so safely.
After stopping as required herein and upon proceeding when
it is safe to do so the driver of any said vehicle shall cross
only in such gear of the vehicle that there will be no
necessity for changing gears while traversing such crossing,
and the driver shall not shift gears while crossing the track
or tracks.
(2) This section shall not apply at:
(a) Any railroad grade crossing at which traffic is
controlled by a police officer or a duly authorized flagman;
(b) Any railroad grade crossing at which traffic is
regulated by a traffic control signal;
(c) Any railroad grade crossing protected by crossing
gates or an alternately flashing light signal intended to give
warning of the approach of a railroad train;
(d) Any railroad grade crossing at which an official
traffic control device as designated by the utilities and
transportation commission pursuant to RCW 81.53.060 gives
notice that the stopping requirement imposed by this section
does not apply. [1977 c 78 § 1; 1975 c 62 § 31; 1970 ex.s.
c 100 § 7; 1965 ex.s. c 155 § 48.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.355 Moving heavy equipment at railroad
grade crossings—Notice of intended crossing. (1) No
person shall operate or move any crawler-type tractor, steam
shovel, derrick, roller, or any equipment or structure having
a normal operating speed of ten or less miles per hour or a
vertical body or load clearance of less than one-half inch per
foot of the distance between any two adjacent axles or in
any event of less than nine inches, measured above the level
surface of a roadway, upon or across any tracks at a railroad
grade crossing without first complying with this section.
(2) Notice of any such intended crossing shall be given
to the station agent of such railroad located nearest the
intended crossing sufficiently in advance to allow such
railroad a reasonable time to prescribe proper protection for
such crossing.
(3) Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop
the same not less than fifteen feet nor more than fifty feet
from the nearest rail of such railroad and while so stopped
shall listen and look in both directions along such track for
any approaching train and for signals indicating the approach
[Title 46 RCW—page 199]
46.61.355
Title 46 RCW: Motor Vehicles
of a train, and shall not proceed until the crossing can be
made safely.
(4) No such crossing shall be made when warning is
given by automatic signal or crossing gates or a flagger or
otherwise of the immediate approach of a railroad train or
car. If a flagger is provided by the railroad, movement over
the crossing shall be under the flagger’s direction. [2000 c
239 § 7; 1975 c 62 § 32; 1965 ex.s. c 155 § 49.]
Captions not law—2000 c 239: See note following RCW 49.17.350.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.365 Emerging from alley, driveway, or
building. The driver of a vehicle within a business or
residence district emerging from an alley, driveway or
building shall stop such vehicle immediately prior to driving
onto a sidewalk or onto the sidewalk area extending across
any alleyway or driveway, and shall yield the right of way
to any pedestrian as may be necessary to avoid collision, and
upon entering the roadway shall yield the right of way to all
vehicles approaching on said roadway. [1965 ex.s. c 155 §
51.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.370 Overtaking or meeting school bus—
Duties of bus driver. (1) The driver of a vehicle upon
overtaking or meeting from either direction any school bus
which has stopped on the roadway for the purpose of
receiving or discharging any school children shall stop the
vehicle before reaching such school bus when there is in
operation on said school bus a visual signal as specified in
RCW 46.37.190 and said driver shall not proceed until such
school bus resumes motion or the visual signals are no
longer activated.
(2) The driver of a vehicle upon a highway divided into
separate roadways as provided in RCW 46.61.150 need not
stop upon meeting a school bus which is proceeding in the
opposite direction and is stopped for the purpose of receiving
or discharging school children.
(3) The driver of a vehicle upon a highway with three
or more marked traffic lanes need not stop upon meeting a
school bus which is proceeding in the opposite direction and
is stopped for the purpose of receiving or discharging school
children.
(4) The driver of a school bus shall actuate the visual
signals required by RCW 46.37.190 only when such bus is
stopped on the roadway for the purpose of receiving or
discharging school children.
(5) The driver of a school bus may stop completely off
the roadway for the purpose of receiving or discharging
school children only when the school children do not have
to cross the roadway. The school bus driver shall actuate
the hazard warning lamps as defined in RCW 46.37.215
before loading or unloading school children at such stops.
(6) A person found to have committed an infraction of
subsection (1) of this section shall be assessed a monetary
penalty equal to twice the total penalty assessed under RCW
46.63.110. This penalty may not be waived, reduced, or
suspended. Fifty percent of the money so collected shall be
deposited into the school zone safety account in the custody
of the state treasurer and disbursed in accordance with RCW
[Title 46 RCW—page 200]
46.61.440(3). [1997 c 80 § 1; 1990 c 241 § 8; 1965 ex.s. c
155 § 52.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Bus routes: RCW 28A.160.115.
46.61.371 School bus stop sign violators—
Identification by vehicle owner. If a law enforcement officer investigating a violation of RCW 46.61.370 has reasonable cause to believe that a violation has occurred, the
officer may request the owner of the motor vehicle to supply
information identifying the driver of the vehicle at the time
the violation occurred. When requested, the owner of the
motor vehicle shall identify the driver to the best of the
owner’s ability. The owner of the vehicle is not required to
supply identification information to the law enforcement
officer if the owner believes the information is self-incriminating. [1992 c 39 § 1.]
46.61.372 School bus stop sign violators—Report by
bus driver—Law enforcement investigation. (1) The
driver of a school bus who observes a violation of RCW
46.61.370 may prepare a written report on a form provided
by the state patrol or another law enforcement agency
indicating that a violation has occurred. The driver of the
school bus or a school official may deliver the report to a
law enforcement officer of the state, county, or municipality
in which the violation occurred but not more than seventytwo hours after the violation occurred. The driver shall
include in the report the time and location at which the
violation occurred, the vehicle license plate number, and a
description of the vehicle involved in the violation.
(2) The law enforcement officer shall initiate an
investigation of the reported violation within ten working
days after receiving the report described in subsection (1) of
this section by contacting the owner of the motor vehicle
involved in the reported violation and requesting the owner
to supply information identifying the driver. Failure to
investigate within the ten working day period does not
prohibit further investigation or prosecution. If, after an
investigation, the law enforcement officer is able to identify
the driver and has reasonable cause to believe a violation of
RCW 46.61.370 has occurred, the law enforcement officer
shall prepare a notice of traffic infraction and have it served
upon the driver of the vehicle. [1992 c 39 § 2.]
46.61.375 Overtaking or meeting private carrier
bus—Duties of bus driver. (1) The driver of a vehicle
upon overtaking or meeting from either direction any private
carrier bus which has stopped on the roadway for the
purpose of receiving or discharging any passenger shall stop
the vehicle before reaching such private carrier bus when
there is in operation on said bus a visual signal as specified
in RCW 46.37.190 and said driver shall not proceed until
such bus resumes motion or the visual signals are no longer
activated.
(2) The driver of a vehicle upon a highway divided into
separate roadways as provided in RCW 46.61.150 need not
stop upon meeting a private carrier bus which is proceeding
in the opposite direction and is stopped for the purpose of
receiving or discharging passengers.
(2002 Ed.)
Rules of the Road
(3) The driver of a vehicle upon a highway with three
or more lanes need not stop upon meeting a private carrier
bus which is proceeding in the opposite direction and is
stopped for the purpose of receiving or discharging passengers.
(4) The driver of a private carrier bus shall actuate the
visual signals required by RCW 46.37.190 only when such
bus is stopped on the roadway for the purpose of receiving
or discharging passengers.
(5) The driver of a private carrier bus may stop a
private carrier bus completely off the roadway for the
purpose of receiving or discharging passengers only when
the passengers do not have to cross the roadway. The
private carrier bus driver shall actuate the hazard warning
lamps as defined in RCW 46.37.215 before loading or
unloading passengers at such stops. [1990 c 241 § 9; 1970
ex.s. c 100 § 8.]
46.61.380 Rules for design, marking, and mode of
operating school buses. (1) The state superintendent of
public instruction shall adopt and enforce rules not inconsistent with the law of this state to govern the design, marking,
and mode of operation of all school buses owned and
operated by any school district or privately owned and
operated under contract or otherwise with any school district
in this state for the transportation of school children.
(2) School districts shall not be prohibited from placing
or displaying a flag of the United States on a school bus
when it does not interfere with the vehicle’s safe operation.
The state superintendent of public instruction shall adopt and
enforce rules not inconsistent with the law of this state to
govern the size, placement, and display of the flag of the
United States on all school buses referenced in subsection
(1) of this section.
(3) Rules shall by reference be made a part of any such
contract or other agreement with the school district. Every
school district, its officers and employees, and every person
employed under contract or otherwise by a school district is
subject to such rules. It is unlawful for any officer or
employee of any school district or for any person operating
any school bus under contract with any school district to
violate any of the provisions of such rules. [2002 c 29 § 1;
1995 c 269 § 2501; 1984 c 7 § 70; 1961 c 12 § 46.48.150.
Prior: 1937 c 189 § 131; RRS § 6360-131. Formerly RCW
46.48.150.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
Severability—1984 c 7: See note following RCW 47.01.141.
School buses
generally: Chapter 28A.160 RCW.
signs: RCW 46.37.193.
stop signal and lamps: RCW 46.37.190.
46.61.385 School patrol—Appointment—
Authority—Finance—Insurance. The superintendent of
public instruction, through the superintendent of schools of
any school district, or other officer or board performing like
functions with respect to the schools of any other educational
administrative district, may cause to be appointed voluntary
adult recruits as supervisors and, from the student body of
any public or private school or institution of learning,
(2002 Ed.)
46.61.375
students, who shall be known as members of the "school
patrol" and who shall serve without compensation and at the
pleasure of the authority making the appointment.
The members of such school patrol shall wear an
appropriate designation or insignia identifying them as
members of the school patrol when in performance of their
duties, and they may display "stop" or other proper traffic
directional signs or signals at school crossings or other
points where school children are crossing or about to cross
a public highway, but members of the school patrol and their
supervisors shall be subordinate to and obey the orders of
any peace officer present and having jurisdiction.
School districts, at their discretion, may hire sufficient
numbers of adults to serve as supervisors. Such adults shall
be subordinate to and obey the orders of any peace officer
present and having jurisdiction.
Any school district having a school patrol may purchase
uniforms and other appropriate insignia, traffic signs and
other appropriate materials, all to be used by members of
such school patrol while in performance of their duties, and
may pay for the same out of the general fund of the district.
It shall be unlawful for the operator of any vehicle to
fail to stop his vehicle when directed to do so by a school
patrol sign or signal displayed by a member of the school
patrol engaged in the performance of his duty and wearing
or displaying appropriate insignia, and it shall further be
unlawful for the operator of a vehicle to disregard any other
reasonable directions of a member of the school patrol when
acting in performance of his duties as such.
School districts may expend funds from the general fund
of the district to pay premiums for life and accident policies
covering the members of the school patrol in their district
while engaged in the performance of their school patrol
duties.
Members of the school patrol shall be considered as
employees for the purposes of RCW 28A.400.370. [1990 c
33 § 585; 1974 ex.s. c 47 § 1; 1961 c 12 § 46.48.160.
Prior: 1953 c 278 § 1; 1937 c 189 § 130; RRS § 6360-130;
1927 c 309 § 42; RRS § 6362-42. Formerly RCW
46.48.160.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
SPEED RESTRICTIONS
46.61.400 Basic rule and maximum limits. (1) No
person shall drive a vehicle on a highway at a speed greater
than is reasonable and prudent under the conditions and
having regard to the actual and potential hazards then
existing. In every event speed shall be so controlled as may
be necessary to avoid colliding with any person, vehicle or
other conveyance on or entering the highway in compliance
with legal requirements and the duty of all persons to use
due care.
(2) Except when a special hazard exists that requires
lower speed for compliance with subsection (1) of this
section, the limits specified in this section or established as
hereinafter authorized shall be maximum lawful speeds, and
no person shall drive a vehicle on a highway at a speed in
excess of such maximum limits.
[Title 46 RCW—page 201]
46.61.400
Title 46 RCW: Motor Vehicles
(a) Twenty-five miles per hour on city and town streets;
(b) Fifty miles per hour on county roads;
(c) Sixty miles per hour on state highways.
The maximum speed limits set forth in this section may
be altered as authorized in RCW 46.61.405, 46.61.410, and
46.61.415.
(3) The driver of every vehicle shall, consistent with the
requirements of subsection (1) of this section, drive at an
appropriate reduced speed when approaching and crossing an
intersection or railway grade crossing, when approaching and
going around a curve, when approaching a hill crest, when
traveling upon any narrow or winding roadway, and when
special hazard exists with respect to pedestrians or other
traffic or by reason of weather or highway conditions. [1965
ex.s. c 155 § 54; 1963 c 16 § 1. Formerly RCW 46.48.011.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Saving of existing orders, etc., establishing speed limits—1963 c
16: "This act shall not repeal or invalidate existing orders and resolutions
of the state highway commission or existing resolutions and ordinances of
local authorities establishing speed limits within their respective jurisdictions." [1963 c 16 § 7. Formerly RCW 46.48.016.]
46.61.405 Decreases by secretary of transportation.
Whenever the secretary of transportation shall determine
upon the basis of an engineering and traffic investigation that
any maximum speed hereinbefore set forth is greater than is
reasonable or safe with respect to a state highway under the
conditions found to exist at any intersection or upon any
other part of the state highway system or at state ferry
terminals, or that a general reduction of any maximum speed
set forth in RCW 46.61.400 is necessary in order to comply
with a national maximum speed limit, the secretary may
determine and declare a reasonable and safe lower maximum
limit or a lower maximum limit which will comply with a
national maximum speed limit, for any state highway, the
entire state highway system, or any portion thereof, which
shall be effective when appropriate signs giving notice
thereof are erected. The secretary may also fix and regulate
the speed of vehicles on any state highway within the
maximum speed limit allowed by this chapter for special
occasions including, but not limited to, local parades and
other special events. Any such maximum speed limit may
be declared to be effective at all times or at such times as
are indicated upon the said signs; and differing limits may be
established for different times of day, different types of
vehicles, varying weather conditions, and other factors
bearing on safe speeds, which shall be effective (a) when
posted upon appropriate fixed or variable signs or (b) if a
maximum limit is established for auto stages which is lower
than the limit for automobiles, the auto stage speed limit
shall become effective thirty days after written notice thereof
is mailed in the manner provided in subsection (4) of RCW
46.61.410, as now or hereafter amended. [1987 c 397 § 3;
1977 ex.s. c 151 § 34; 1974 ex.s. c 103 § 1; 1970 ex.s. c
100 § 2; 1967 c 25 § 1; 1963 c 16 § 2. Formerly RCW
46.48.012.]
Intent—1987 c 397: See note following RCW 46.61.410.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
46.61.410 Increases by secretary of transportation—
Maximum speed limit for trucks—Auto stages—Signs
[Title 46 RCW—page 202]
and notices. (1)(a) Subject to subsection (2) of this section
the secretary may increase the maximum speed limit on any
highway or portion thereof to not more than seventy miles
per hour in accordance with the design speed thereof (taking
into account all safety elements included therein), or whenever the secretary determines upon the basis of an engineering and traffic investigation that such greater speed is
reasonable and safe under the circumstances existing on such
part of the highway.
(b) The greater maximum limit established under (a) of
this subsection shall be effective when appropriate signs
giving notice thereof are erected, or if a maximum limit is
established for auto stages which is lower than the limit for
automobiles, the auto stage speed limit shall become effective thirty days after written notice thereof is mailed in the
manner provided in subsection (4) of this section.
(c) Such maximum speed limit may be declared to be
effective at all times or at such times as are indicated upon
said signs or in the case of auto stages, as indicated in said
written notice; and differing limits may be established for
different times of day, different types of vehicles, varying
weather conditions, and other factors bearing on safe speeds,
which shall be effective when posted upon appropriate fixed
or variable signs or if a maximum limit is established for
auto stages which is lower than the limit for automobiles, the
auto stage speed limit shall become effective thirty days after
written notice thereof is mailed in the manner provided in
subsection (4) of this section.
(2) The maximum speed limit for vehicles over ten
thousand pounds gross weight and vehicles in combination
except auto stages shall not exceed sixty miles per hour and
may be established at a lower limit by the secretary as
provided in RCW 46.61.405.
(3) The word "trucks" used by the department on signs
giving notice of maximum speed limits means vehicles over
ten thousand pounds gross weight and all vehicles in
combination except auto stages.
(4) Whenever the secretary establishes maximum speed
limits for auto stages lower than the maximum limits for
automobiles, the secretary shall cause to be mailed notice
thereof to each auto transportation company holding a certificate of public convenience and necessity issued by the
Washington utilities and transportation commission. The
notice shall be mailed to the chief place of business within
the state of Washington of each auto transportation company
or if none then its chief place of business without the state
of Washington. [1996 c 52 § 1; 1987 c 397 § 4; 1977 ex.s.
c 151 § 35; 1974 ex.s. c 103 § 2; 1970 ex.s. c 100 § 1; 1969
ex.s. c 12 § 1; 1965 ex.s. c 155 § 55; 1963 c 16 § 3.
Formerly RCW 46.48.013.]
Intent—1987 c 397: "It is the intent of the legislature to increase the
speed limit to sixty-five miles per hour on those portions of the rural
interstate highway system where the increase would be safe and reasonable
and is allowed by federal law. It is also the intent of the legislature that the
sixty-five miles per hour speed limit be strictly enforced." [1987 c 397 §
1.]
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
46.61.415 When local authorities may alter maximum limits. (1) Whenever local authorities in their respective jurisdictions determine on the basis of an engineering
(2002 Ed.)
Rules of the Road
46.61.415
and traffic investigation that the maximum speed permitted
under RCW 46.61.400 or 46.61.440 is greater or less than is
reasonable and safe under the conditions found to exist upon
a highway or part of a highway, the local authority may
determine and declare a reasonable and safe maximum limit
thereon which
(a) Decreases the limit at intersections; or
(b) Increases the limit but not to more than sixty miles
per hour; or
(c) Decreases the limit but not to less than twenty miles
per hour.
(2) Local authorities in their respective jurisdictions
shall determine by an engineering and traffic investigation
the proper maximum speed for all arterial streets and shall
declare a reasonable and safe maximum limit thereon which
may be greater or less than the maximum speed permitted
under RCW 46.61.400(2) but shall not exceed sixty miles
per hour.
(3) The secretary of transportation is authorized to
establish speed limits on county roads and city and town
streets as shall be necessary to conform with any federal
requirements which are a prescribed condition for the allocation of federal funds to the state.
(4) Any altered limit established as hereinbefore
authorized shall be effective when appropriate signs giving
notice thereof are erected. Such maximum speed limit may
be declared to be effective at all times or at such times as
are indicated upon such signs; and differing limits may be
established for different times of day, different types of
vehicles, varying weather conditions, and other factors
bearing on safe speeds, which shall be effective when posted
upon appropriate fixed or variable signs.
(5) Any alteration of maximum limits on state highways
within incorporated cities or towns by local authorities shall
not be effective until such alteration has been approved by
the secretary of transportation. [1977 ex.s. c 151 § 36; 1974
ex.s. c 103 § 3; 1963 c 16 § 4. Formerly RCW 46.48.014.]
[1977 ex.s. c 151 § 37; 1969 c 135 § 1; 1967 c 25 § 2; 1963
c 16 § 6. Formerly RCW 46.48.015.]
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
46.61.430 Authority of secretary of transportation
to fix speed limits on limited access facilities exclusive—
Local regulations. Notwithstanding any law to the contrary
or inconsistent herewith, the secretary of transportation shall
have the power and the duty to fix and regulate the speed of
vehicles within the maximum speed limit allowed by law for
state highways, designated as limited access facilities,
regardless of whether a portion of said highway is within the
corporate limits of a city or town. No governing body or
authority of such city or town or other political subdivision
may have the power to pass or enforce any ordinance, rule,
or regulation requiring a different rate of speed, and all such
ordinances, rules, and regulations contrary to or inconsistent
therewith now in force are void and of no effect. [1977
ex.s. c 151 § 38; 1974 ex.s. c 103 § 4; 1961 c 12 §
46.48.041. Prior: 1955 c 177 § 5. Formerly RCW
46.48.041.]
46.61.425 Minimum speed regulation—Passing slow
moving vehicle. (1) No person shall drive a motor vehicle
at such a slow speed as to impede the normal and reasonable
movement of traffic except when reduced speed is necessary
for safe operation or in compliance with law: PROVIDED,
That a person following a vehicle driving at less than the
legal maximum speed and desiring to pass such vehicle may
exceed the speed limit, subject to the provisions of RCW
46.61.120 on highways having only one lane of traffic in
each direction, at only such a speed and for only such a
distance as is necessary to complete the pass with a reasonable margin of safety.
(2) Whenever the secretary of transportation or local
authorities within their respective jurisdictions determine on
the basis of an engineering and traffic investigation that slow
speeds on any part of a highway unreasonably impede the
normal movement of traffic, the secretary or such local
authority may determine and declare a minimum speed limit
thereat which shall be effective when appropriate signs
giving notice thereof are erected. No person shall drive a
vehicle slower than such minimum speed limit except when
necessary for safe operation or in compliance with law.
(2002 Ed.)
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
46.61.427 Slow-moving vehicle to pull off roadway.
On a two-lane highway where passing is unsafe because of
traffic in the opposite direction or other conditions, a slow
moving vehicle, behind which five or more vehicles are
formed in a line, shall turn off the roadway wherever
sufficient area for a safe turn-out exists, in order to permit
the vehicles following to proceed. As used in this section a
slow moving vehicle is one which is proceeding at a rate of
speed less than the normal flow of traffic at the particular
time and place. [1973 c 88 § 1.]
46.61.428 Slow-moving vehicle driving on shoulders,
when. (1) The state department of transportation and local
authorities are authorized to determine those portions of any
two-lane highways under their respective jurisdictions on
which drivers of slow-moving vehicles may safely drive onto
improved shoulders for the purpose of allowing overtaking
vehicles to pass and may by appropriate signs indicate the
beginning and end of such zones.
(2) Where signs are in place to define a driving-onshoulder zone as set forth in subsection (1) of this section,
the driver of a slow-moving vehicle may drive onto and
along the shoulder within the zone but only for the purpose
of allowing overtaking vehicles to pass and then shall return
to the roadway.
(3) Signs erected to define a driving-on-shoulder zone
take precedence over pavement markings for the purpose of
allowing the movements described in subsection (2) of this
section. [1984 c 7 § 71; 1977 ex.s. c 39 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
46.61.435 Local authorities to provide "stop" or
"yield" signs at intersections with increased speed
highways—Designated as arterials. The governing body
or authority of any such city or town or political subdivision
[Title 46 RCW—page 203]
46.61.435
Title 46 RCW: Motor Vehicles
shall place and maintain upon each and every highway
intersecting a highway where an increased speed is permitted, as provided in this chapter, appropriate stop or yield
signs, sufficient to be read at any time by any person upon
approaching and entering the highway upon which such increased speed is permitted and such city street or such
portion thereof as is subject to the increased speed shall be
an arterial highway. [1975 c 62 § 33; 1961 c 12 §
46.48.046. Prior: 1951 c 28 § 4; prior: 1937 c 189 § 66,
part; RRS § 6360-66, part; 1927 c 309 § 5, part; 1921 c 96
§ 41, part; 1919 c 59 § 13, part; 1917 c 155 § 20, part; 1915
c 142 § 34, part; RRS § 6362-5, part. Formerly RCW
46.48.046.]
Severability—1975 c 62: See note following RCW 36.75.010.
Designation of city streets as arterials, stopping on entering: RCW
46.61.195.
Traffic control signals or devices upon city streets forming part of state
highways: RCW 46.61.085.
46.61.440 Maximum speed limit when passing
school or playground crosswalks—Penalty, disposition of
proceeds. (1) Subject to RCW 46.61.400(1), and except in
those instances where a lower maximum lawful speed is
provided by this chapter or otherwise, it shall be unlawful
for the operator of any vehicle to operate the same at a
speed in excess of twenty miles per hour when operating any
vehicle upon a highway either inside or outside an incorporated city or town when passing any marked school or
playground crosswalk when such marked crosswalk is fully
posted with standard school speed limit signs or standard
playground speed limit signs. The speed zone at the
crosswalk shall extend three hundred feet in either direction
from the marked crosswalk.
(2) A person found to have committed any infraction
relating to speed restrictions within a school or playground
speed zone shall be assessed a monetary penalty equal to
twice the penalty assessed under RCW 46.63.110. This
penalty may not be waived, reduced, or suspended.
(3) The school zone safety account is created in the
custody of the state treasurer. Fifty percent of the moneys
collected under subsection (2) of this section shall be
deposited into the account. Expenditures from the account
may be used only by the Washington traffic safety commission solely to fund projects in local communities to improve
school zone safety, pupil transportation safety, and student
safety in school bus loading and unloading areas. Only the
director of the traffic safety commission or the director’s
designee may authorize expenditures from the account. The
account is subject to allotment procedures under chapter
43.88 RCW, but no appropriation is required for expenditures until July 1, 1999, after which date moneys in the
account may be spent only after appropriation. [1997 c 80
§ 2; 1996 c 114 § 1; 1975 c 62 § 34; 1963 c 16 § 5; 1961
c 12 § 46.48.023. Prior: 1951 c 28 § 9; 1949 c 196 § 6,
part; 1947 c 200 § 8, part; 1937 c 189 § 64, part; Rem.
Supp. 1949 § 6360-64, part; 1927 c 309 § 3, part; 1923 c
181 § 6, part; 1921 c 96 § 27, part; 1917 c 155 § 16, part;
1915 c 142 § 24, part; RRS § 6362-3, part; 1909 c 249 §
279, part; Rem. & Bal. § 2531, part. Formerly RCW
46.48.023.]
Effective date—1996 c 114: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
[Title 46 RCW—page 204]
government and its existing public institutions, and takes effect immediately
[March 20, 1996]." [1996 c 114 § 2.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.445 Due care required. Compliance with speed
requirements of this chapter under the circumstances hereinabove set forth shall not relieve the operator of any vehicle
from the further exercise of due care and caution as further
circumstances shall require. [1961 c 12 § 46.48.025. Prior:
1951 c 28 § 11; 1949 c 196 § 6, part; 1947 c 200 § 8, part;
1937 c 189 § 64, part; Rem. Supp. 1949 § 6360-64, part;
1927 c 309 § 3, part; 1923 c 181 § 6, part; 1921 c 96 § 27,
part; 1917 c 155 § 16, part; 1915 c 142 § 24, part; RRS §
6362-3, part; 1909 c 249 § 279, part; Rem. & Bal. 2531,
part. Formerly RCW 46.48.025.]
Duty to use due care: RCW 46.61.400(1).
46.61.450 Maximum speed, weight, or size in
traversing bridges, elevated structures, tunnels, underpasses—Posting limits. It shall be unlawful for any person
to operate a vehicle or any combination of vehicles over any
bridge or other elevated structure or through any tunnel or
underpass constituting a part of any public highway at a rate
of speed or with a gross weight or of a size which is greater
at any time than the maximum speed or maximum weight or
size which can be maintained or carried with safety over any
such bridge or structure or through any such tunnel or
underpass when such bridge, structure, tunnel, or underpass
is sign posted as hereinafter provided. The secretary of
transportation, if it be a bridge, structure, tunnel, or underpass upon a state highway, or the governing body or authorities of any county, city, or town, if it be upon roads or
streets under their jurisdiction, may restrict the speed which
may be maintained or the gross weight or size which may be
operated upon or over any such bridge or elevated structure
or through any such tunnel or underpass with safety thereto.
The secretary or the governing body or authorities of any
county, city, or town having jurisdiction shall determine and
declare the maximum speed or maximum gross weight or
size which such bridge, elevated structure, tunnel, or
underpass can withstand or accommodate and shall cause
suitable signs stating such maximum speed or maximum
gross weight, or size, or either, to be erected and maintained
on the right hand side of such highway, road, or street and
at a distance of not less than one hundred feet from each end
of such bridge, structure, tunnel, or underpass and on the
approach thereto: PROVIDED, That in the event that any
such bridge, elevated structure, tunnel, or underpass is upon
a city street designated by the transportation commission as
forming a part of the route of any state highway through any
such incorporated city or town the determination of any
maximum speed or maximum gross weight or size which
such bridge, elevated structure, tunnel, or underpass can
withstand or accommodate shall not be enforceable at any
speed, weight, or size less than the maximum allowed by
law, unless with the approval in writing of the secretary.
Upon the trial of any person charged with a violation of this
section, proof of either violation of maximum speed or
maximum weight, or size, or either, and the distance and
location of such signs as are required, shall constitute
conclusive evidence of the maximum speed or maximum
(2002 Ed.)
Rules of the Road
weight, or size, or either, which can be maintained or carried
with safety over such bridge or elevated structure or through
such tunnel or underpass. [1977 ex.s. c 151 § 39; 1961 c 12
§ 46.48.080. Prior: 1937 c 189 § 70; RRS § 6360-70.
Formerly RCW 46.48.080.]
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
46.61.455 Vehicles with solid or hollow cushion
tires. Except for vehicles equipped with temporary-use
spare tires that meet federal standards, it shall be unlawful
to operate any vehicle equipped or partly equipped with solid
rubber tires or hollow center cushion tires, or to operate any
combination of vehicles any part of which is equipped or
partly equipped with solid rubber tires or hollow center
cushion tires, so long as solid rubber tires or hollow center
cushion tires may be used under the provisions of this title,
upon any public highway of this state at a greater rate of
speed than ten miles per hour: PROVIDED, That the
temporary-use spare tires are installed and used in accordance with the manufacturer’s instructions. [1990 c 105 §
3; 1961 c 12 § 46.48.110. Prior: 1947 c 200 § 11; 1937 c
189 § 73; Rem. Supp. 1947 § 6360-73. Formerly RCW
46.48.110.]
46.61.460 Special speed limitation on motor-driven
cycle. No person shall operate any motor-driven cycle at
any time mentioned in RCW 46.37.020 at a speed greater
than thirty-five miles per hour unless such motor-driven
cycle is equipped with a head lamp or lamps which are
adequate to reveal a person or vehicle at a distance of three
hundred feet ahead. [1965 ex.s. c 155 § 57.]
46.61.465 Exceeding speed limit evidence of reckless
driving. The unlawful operation of a vehicle in excess of
the maximum lawful speeds provided in this chapter at the
point of operation and under the circumstances described
shall be prima facie evidence of the operation of a motor
vehicle in a reckless manner by the operator thereof. [1961
c 12 § 46.48.026. Prior: 1951 c 28 § 12; 1949 c 196 § 6,
part; 1947 c 200 § 8, part; 1937 c 189 § 64, part; Rem.
Supp. 1949 § 6360-64, part; 1927 c 309 § 3, part; 1923 c
181 § 6, part; 1921 c 96 § 27, part; 1917 c 155 § 16, part;
1915 c 142 § 24, part; RRS § 6362-3, part; 1909 c 249 §
279, part; Rem. & Bal. § 2531, part. Formerly RCW
46.48.026.]
46.61.470 Speed traps defined, certain types
permitted—Measured courses, speed measuring devices,
timing from aircraft. (1) No evidence as to the speed of
any vehicle operated upon a public highway by any person
arrested for violation of any of the laws of this state regarding speed or of any orders, rules, or regulations of any city
or town or other political subdivision relating thereto shall be
admitted in evidence in any court at a subsequent trial of
such person in case such evidence relates to or is based upon
the maintenance or use of a speed trap except as provided in
subsection (2) of this section. A "speed trap," within the
meaning of this section, is a particular section of or distance
on any public highway, the length of which has been or is
measured off or otherwise designated or determined, and the
(2002 Ed.)
46.61.450
limits of which are within the vision of any officer or
officers who calculate the speed of a vehicle passing through
such speed trap by using the lapsed time during which such
vehicle travels between the entrance and exit of such speed
trap.
(2) Evidence shall be admissible against any person
arrested or issued a notice of a traffic infraction for violation
of any of the laws of this state or of any orders, rules, or
regulations of any city or town or other political subdivision
regarding speed if the same is determined by a particular
section of or distance on a public highway, the length of
which has been accurately measured off or otherwise
designated or determined and either: (a) The limits of which
are controlled by a mechanical, electrical, or other device
capable of measuring or recording the speed of a vehicle
passing within such limits; or (b) a timing device is operated
from an aircraft, which timing device when used to measure
the elapsed time of a vehicle passing over such a particular
section of or distance upon a public highway indicates the
speed of a vehicle.
(3) The exceptions of subsection (2) of this section are
limited to devices or observations with a maximum error of
not to exceed five percent using the lapsed time during
which such vehicle travels between such limits, and such
limits shall not be closer than one-fourth mile. [1981 c 105
§ 1; 1961 c 12 § 46.48.120. Prior: 1937 c 189 § 74; RRS
§ 6360-74; 1927 c 309 § 7; RRS § 6362-7. Formerly RCW
46.48.120.]
RECKLESS DRIVING, DRIVING UNDER THE
INFLUENCE, VEHICULAR HOMICIDE
AND ASSAULT
46.61.500 Reckless driving—Penalty. (1) Any
person who drives any vehicle in willful or wanton disregard
for the safety of persons or property is guilty of reckless
driving. Violation of the provisions of this section is a gross
misdemeanor punishable by imprisonment of not more than
one year and by a fine of not more than five thousand
dollars.
(2) The license or permit to drive or any nonresident
privilege of any person convicted of reckless driving shall be
suspended by the department for not less than thirty days.
[1990 c 291 § 1; 1979 ex.s. c 136 § 85; 1967 c 32 § 67;
1965 ex.s. c 155 § 59.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Arrest of person involved in reckless driving: RCW 10.31.100.
Criminal history and driving record: RCW 46.61.513.
Embracing another while driving as reckless driving: RCW 46.61.665.
Excess speed as prima facie evidence of reckless driving: RCW 46.61.465.
Racing of vehicles on public highways, reckless driving: RCW 46.61.530.
Revocation of license, reckless driving: RCW 46.20.285.
46.61.502 Driving under the influence. (1) A person
is guilty of driving while under the influence of intoxicating
liquor or any drug if the person drives a vehicle within this
state:
[Title 46 RCW—page 205]
46.61.502
Title 46 RCW: Motor Vehicles
(a) And the person has, within two hours after driving,
an alcohol concentration of 0.08 or higher as shown by
analysis of the person’s breath or blood made under RCW
46.61.506; or
(b) While the person is under the influence of or
affected by intoxicating liquor or any drug; or
(c) While the person is under the combined influence of
or affected by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of
this section is or has been entitled to use a drug under the
laws of this state shall not constitute a defense against a
charge of violating this section.
(3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by
a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of
driving and before the administration of an analysis of the
person’s breath or blood to cause the defendant’s alcohol
concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense
unless the defendant notifies the prosecution prior to the
omnibus or pretrial hearing in the case of the defendant’s
intent to assert the affirmative defense.
(4) Analyses of blood or breath samples obtained more
than two hours after the alleged driving may be used as
evidence that within two hours of the alleged driving, a
person had an alcohol concentration of 0.08 or more in
violation of subsection (1)(a) of this section, and in any case
in which the analysis shows an alcohol concentration above
0.00 may be used as evidence that a person was under the
influence of or affected by intoxicating liquor or any drug in
violation of subsection (1)(b) or (c) of this section.
(5) A violation of this section is a gross misdemeanor.
[1998 c 213 § 3; 1994 c 275 § 2; 1993 c 328 § 1; 1987 c
373 § 2; 1986 c 153 § 2; 1979 ex.s. c 176 § 1.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—1998 c 213: See note following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding, purpose—1987 c 373: "The legislature finds the
existing statutes that establish the criteria for determining when a person is
guilty of driving a motor vehicle under the influence of intoxicating liquor
or drugs are constitutional and do not require any additional criteria to
ensure their legality. The purpose of this act is to provide an additional
method of defining the crime of driving while intoxicated. This act is not
an acknowledgement that the existing breath alcohol standard is legally
improper or invalid." [1987 c 373 § 1.]
Severability—1987 c 373: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 373 § 8.]
Severability—1979 ex.s. c 176: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 176 § 8.]
Business operation of vessel or vehicle while intoxicated: RCW 9.91.020.
Criminal history and driving record: RCW 46.61.513.
Operating aircraft recklessly or under influence of intoxicants or drugs:
RCW 47.68.220.
Use of vessel in reckless manner or while under influence of alcohol or
drugs prohibited: RCW 79A.60.040.
[Title 46 RCW—page 206]
46.61.503 Driver under twenty-one consuming
alcohol—Penalties. (1) Notwithstanding any other provision
of this title, a person is guilty of driving or being in physical
control of a motor vehicle after consuming alcohol if the
person operates or is in physical control of a motor vehicle
within this state and the person:
(a) Is under the age of twenty-one;
(b) Has, within two hours after operating or being in
physical control of the motor vehicle, an alcohol concentration of at least 0.02 but less than the concentration specified
in RCW 46.61.502, as shown by analysis of the person’s
breath or blood made under RCW 46.61.506.
(2) It is an affirmative defense to a violation of subsection (1) of this section which the defendant must prove by a
preponderance of the evidence that the defendant consumed
a sufficient quantity of alcohol after the time of driving or
being in physical control and before the administration of an
analysis of the person’s breath or blood to cause the
defendant’s alcohol concentration to be in violation of
subsection (1) of this section within two hours after driving
or being in physical control. The court shall not admit
evidence of this defense unless the defendant notifies the
prosecution prior to the earlier of: (a) Seven days prior to
trial; or (b) the omnibus or pretrial hearing in the case of the
defendant’s intent to assert the affirmative defense.
(3) Analyses of blood or breath samples obtained more
than two hours after the alleged driving or being in physical
control may be used as evidence that within two hours of the
alleged driving or being in physical control, a person had an
alcohol concentration in violation of subsection (1) of this
section.
(4) A violation of this section is a misdemeanor. [1998
c 213 § 4; 1998 c 207 § 5; 1998 c 41 § 8; 1995 c 332 § 2;
1994 c 275 § 10. Formerly RCW 46.20.309.]
Reviser’s note: This section was amended by 1998 c 41 § 8, 1998
c 207 § 5, and by 1998 c 213 § 4, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—1998 c 213: See note following RCW 46.20.308.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Intent—Construction—Effective date—1998 c 41: See notes
following RCW 46.20.265.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.61.504 Physical control of vehicle under the
influence. (1) A person is guilty of being in actual physical
control of a motor vehicle while under the influence of
intoxicating liquor or any drug if the person has actual
physical control of a vehicle within this state:
(a) And the person has, within two hours after being in
actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the person’s
breath or blood made under RCW 46.61.506; or
(b) While the person is under the influence of or
affected by intoxicating liquor or any drug; or
(c) While the person is under the combined influence of
or affected by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of
this section is or has been entitled to use a drug under the
(2002 Ed.)
Rules of the Road
laws of this state does not constitute a defense against any
charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law
enforcement officer, the person has moved the vehicle safely
off the roadway.
(3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by
a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being
in actual physical control of the vehicle and before the
administration of an analysis of the person’s breath or blood
to cause the defendant’s alcohol concentration to be 0.08 or
more within two hours after being in such control. The
court shall not admit evidence of this defense unless the
defendant notifies the prosecution prior to the omnibus or
pretrial hearing in the case of the defendant’s intent to assert
the affirmative defense.
(4) Analyses of blood or breath samples obtained more
than two hours after the alleged being in actual physical
control of a vehicle may be used as evidence that within two
hours of the alleged being in such control, a person had an
alcohol concentration of 0.08 or more in violation of
subsection (1)(a) of this section, and in any case in which
the analysis shows an alcohol concentration above 0.00 may
be used as evidence that a person was under the influence of
or affected by intoxicating liquor or any drug in violation of
subsection (1)(b) or (c) of this section.
(5) A violation of this section is a gross misdemeanor.
[1998 c 213 § 5; 1994 c 275 § 3; 1993 c 328 § 2; 1987 c
373 § 3; 1986 c 153 § 3; 1979 ex.s. c 176 § 2.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—1998 c 213: See note following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding, purpose—Severability—1987 c 373: See notes
following RCW 46.61.502.
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Criminal history and driving record: RCW 46.61.513.
46.61.5054 Alcohol violators—Additional fee—
Distribution. (1)(a) In addition to penalties set forth in
*RCW 46.61.5051 through 46.61.5053 until September 1,
1995, and RCW 46.61.5055 thereafter, a one hundred
twenty-five dollar fee shall be assessed to a person who is
either convicted, sentenced to a lesser charge, or given
deferred prosecution, as a result of an arrest for violating
RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522. This
fee is for the purpose of funding the Washington state toxicology laboratory and the Washington state patrol for grants
and activities to increase the conviction rate and decrease the
incidence of persons driving under the influence of alcohol
or drugs.
(b) Upon a verified petition by the person assessed the
fee, the court may suspend payment of all or part of the fee
if it finds that the person does not have the ability to pay.
(c) When a minor has been adjudicated a juvenile
offender for an offense which, if committed by an adult,
would constitute a violation of RCW 46.61.502, 46.61.504,
46.61.520, or 46.61.522, the court shall assess the one
hundred twenty-five dollar fee under (a) of this subsection.
Upon a verified petition by a minor assessed the fee, the
(2002 Ed.)
46.61.504
court may suspend payment of all or part of the fee if it
finds that the minor does not have the ability to pay the fee.
(2) The fee assessed under subsection (1) of this section
shall be collected by the clerk of the court and distributed as
follows:
(a) Forty percent shall be subject to distribution under
RCW 3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040, or
10.82.070.
(b) The remainder of the fee shall be forwarded to the
state treasurer who shall, through June 30, 1997, deposit:
Fifty percent in the death investigations’ account to be used
solely for funding the state toxicology laboratory blood or
breath testing programs; and fifty percent in the state patrol
highway account to be used solely for funding activities to
increase the conviction rate and decrease the incidence of
persons driving under the influence of alcohol or drugs.
Effective July 1, 1997, the remainder of the fee shall be
forwarded to the state treasurer who shall deposit: Fifteen
percent in the death investigations’ account to be used solely
for funding the state toxicology laboratory blood or breath
testing programs; and eighty-five percent in the state patrol
highway account to be used solely for funding activities to
increase the conviction rate and decrease the incidence of
persons driving under the influence of alcohol or drugs.
(3) This section applies to any offense committed on or
after July 1, 1993. [1995 c 398 § 15; 1995 c 332 § 13; 1994
c 275 § 7.]
Reviser’s note: *(1) RCW 46.61.5051, 46.61.5052, and 46.61.5053
were repealed by 1995 c 332 § 21, effective September 1, 1995.
(2) This section was amended by 1995 c 332 § 13 and by 1995 c 398
§ 15, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule
of construction, see RCW 1.12.025(1).
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.61.5055 Alcohol violators—Penalty schedule. (1)
A person who is convicted of a violation of RCW 46.61.502
or 46.61.504 and who has no prior offense within seven
years shall be punished as follows:
(a) In the case of a person whose alcohol concentration
was less than 0.15, or for whom for reasons other than the
person’s refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person’s
alcohol concentration:
(i) By imprisonment for not less than one day nor more
than one year. Twenty-four consecutive hours of the
imprisonment may not be suspended or deferred unless the
court finds that the imposition of this mandatory minimum
sentence would impose a substantial risk to the offender’s
physical or mental well-being. Whenever the mandatory
minimum sentence is suspended or deferred, the court shall
state in writing the reason for granting the suspension or
deferral and the facts upon which the suspension or deferral
is based. In lieu of the mandatory minimum term of
imprisonment required under this subsection (1)(a)(i), the
court may order not less than fifteen days of electronic home
monitoring. The offender shall pay the cost of electronic
home monitoring. The county or municipality in which the
penalty is being imposed shall determine the cost. The court
may also require the offender’s electronic home monitoring
[Title 46 RCW—page 207]
46.61.5055
Title 46 RCW: Motor Vehicles
device to include an alcohol detection breathalyzer, and the
court may restrict the amount of alcohol the offender may
consume during the time the offender is on electronic home
monitoring; and
(ii) By a fine of not less than three hundred fifty dollars
nor more than five thousand dollars. Three hundred fifty
dollars of the fine may not be suspended or deferred unless
the court finds the offender to be indigent; or
(b) In the case of a person whose alcohol concentration
was at least 0.15, or for whom by reason of the person’s
refusal to take a test offered pursuant to RCW 46.20.308
there is no test result indicating the person’s alcohol concentration:
(i) By imprisonment for not less than two days nor more
than one year. Two consecutive days of the imprisonment
may not be suspended or deferred unless the court finds that
the imposition of this mandatory minimum sentence would
impose a substantial risk to the offender’s physical or mental
well-being. Whenever the mandatory minimum sentence is
suspended or deferred, the court shall state in writing the
reason for granting the suspension or deferral and the facts
upon which the suspension or deferral is based. In lieu of
the mandatory minimum term of imprisonment required
under this subsection (1)(b)(i), the court may order not less
than thirty days of electronic home monitoring. The
offender shall pay the cost of electronic home monitoring.
The county or municipality in which the penalty is being
imposed shall determine the cost. The court may also require the offender’s electronic home monitoring device to
include an alcohol detection breathalyzer, and the court may
restrict the amount of alcohol the offender may consume
during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than five hundred dollars nor
more than five thousand dollars. Five hundred dollars of the
fine may not be suspended or deferred unless the court finds
the offender to be indigent; and
(iii) By a court-ordered restriction under RCW
46.20.720.
(2) A person who is convicted of a violation of RCW
46.61.502 or 46.61.504 and who has one prior offense within
seven years shall be punished as follows:
(a) In the case of a person whose alcohol concentration
was less than 0.15, or for whom for reasons other than the
person’s refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person’s
alcohol concentration:
(i) By imprisonment for not less than thirty days nor
more than one year and sixty days of electronic home
monitoring. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the
penalty is being imposed shall determine the cost. The court
may also require the offender’s electronic home monitoring
device include an alcohol detection breathalyzer, and may
restrict the amount of alcohol the offender may consume
during the time the offender is on electronic home monitoring. Thirty days of imprisonment and sixty days of electronic home monitoring may not be suspended or deferred unless
the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the
offender’s physical or mental well-being. Whenever the
mandatory minimum sentence is suspended or deferred, the
[Title 46 RCW—page 208]
court shall state in writing the reason for granting the
suspension or deferral and the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than five hundred dollars nor
more than five thousand dollars. Five hundred dollars of the
fine may not be suspended or deferred unless the court finds
the offender to be indigent; and
(iii) By a court-ordered restriction under RCW
46.20.720; or
(b) In the case of a person whose alcohol concentration
was at least 0.15, or for whom by reason of the person’s
refusal to take a test offered pursuant to RCW 46.20.308
there is no test result indicating the person’s alcohol concentration:
(i) By imprisonment for not less than forty-five days nor
more than one year and ninety days of electronic home
monitoring. The offender shall pay for the cost of the
electronic monitoring. The county or municipality where the
penalty is being imposed shall determine the cost. The court
may also require the offender’s electronic home monitoring
device include an alcohol detection breathalyzer, and may
restrict the amount of alcohol the offender may consume
during the time the offender is on electronic home monitoring. Forty-five days of imprisonment and ninety days of
electronic home monitoring may not be suspended or
deferred unless the court finds that the imposition of this
mandatory minimum sentence would impose a substantial
risk to the offender’s physical or mental well-being.
Whenever the mandatory minimum sentence is suspended or
deferred, the court shall state in writing the reason for
granting the suspension or deferral and the facts upon which
the suspension or deferral is based; and
(ii) By a fine of not less than seven hundred fifty dollars
nor more than five thousand dollars. Seven hundred fifty
dollars of the fine may not be suspended or deferred unless
the court finds the offender to be indigent; and
(iii) By a court-ordered restriction under RCW
46.20.720.
(3) A person who is convicted of a violation of RCW
46.61.502 or 46.61.504 and who has two or more prior
offenses within seven years shall be punished as follows:
(a) In the case of a person whose alcohol concentration
was less than 0.15, or for whom for reasons other than the
person’s refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person’s
alcohol concentration:
(i) By imprisonment for not less than ninety days nor
more than one year and one hundred twenty days of electronic home monitoring. The offender shall pay for the cost
of the electronic monitoring. The county or municipality
where the penalty is being imposed shall determine the cost.
The court may also require the offender’s electronic home
monitoring device include an alcohol detection breathalyzer,
and may restrict the amount of alcohol the offender may
consume during the time the offender is on electronic home
monitoring. Ninety days of imprisonment and one hundred
twenty days of electronic home monitoring may not be
suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a
substantial risk to the offender’s physical or mental wellbeing. Whenever the mandatory minimum sentence is
suspended or deferred, the court shall state in writing the
(2002 Ed.)
Rules of the Road
reason for granting the suspension or deferral and the facts
upon which the suspension or deferral is based; and
(ii) By a fine of not less than one thousand dollars nor
more than five thousand dollars. One thousand dollars of
the fine may not be suspended or deferred unless the court
finds the offender to be indigent; and
(iii) By a court-ordered restriction under RCW
46.20.720; or
(b) In the case of a person whose alcohol concentration
was at least 0.15, or for whom by reason of the person’s
refusal to take a test offered pursuant to RCW 46.20.308
there is no test result indicating the person’s alcohol concentration:
(i) By imprisonment for not less than one hundred
twenty days nor more than one year and one hundred fifty
days of electronic home monitoring. The offender shall pay
for the cost of the electronic monitoring. The county or
municipality where the penalty is being imposed shall
determine the cost. The court may also require the
offender’s electronic home monitoring device include an
alcohol detection breathalyzer, and may restrict the amount
of alcohol the offender may consume during the time the
offender is on electronic home monitoring. One hundred
twenty days of imprisonment and one hundred fifty days of
electronic home monitoring may not be suspended or
deferred unless the court finds that the imposition of this
mandatory minimum sentence would impose a substantial
risk to the offender’s physical or mental well-being.
Whenever the mandatory minimum sentence is suspended or
deferred, the court shall state in writing the reason for
granting the suspension or deferral and the facts upon which
the suspension or deferral is based; and
(ii) By a fine of not less than one thousand five hundred
dollars nor more than five thousand dollars. One thousand
five hundred dollars of the fine may not be suspended or
deferred unless the court finds the offender to be indigent;
and
(iii) By a court-ordered restriction under RCW
46.20.720.
(4) In exercising its discretion in setting penalties within
the limits allowed by this section, the court shall particularly
consider the following:
(a) Whether the person’s driving at the time of the
offense was responsible for injury or damage to another or
another’s property; and
(b) Whether the person was driving or in physical
control of a vehicle with one or more passengers at the time
of the offense.
(5) An offender punishable under this section is subject
to the alcohol assessment and treatment provisions of RCW
46.61.5056.
(6) The license, permit, or nonresident privilege of a
person convicted of driving or being in physical control of
a motor vehicle while under the influence of intoxicating
liquor or drugs must:
(a) If the person’s alcohol concentration was less than
0.15, or if for reasons other than the person’s refusal to take
a test offered under RCW 46.20.308 there is no test result
indicating the person’s alcohol concentration:
(i) Where there has been no prior offense within seven
years, be suspended or denied by the department for ninety
days;
(2002 Ed.)
46.61.5055
(ii) Where there has been one prior offense within seven
years, be revoked or denied by the department for two years;
or
(iii) Where there have been two or more prior offenses
within seven years, be revoked or denied by the department
for three years;
(b) If the person’s alcohol concentration was at least
0.15, or if by reason of the person’s refusal to take a test
offered under RCW 46.20.308 there is no test result indicating the person’s alcohol concentration:
(i) Where there has been no prior offense within seven
years, be revoked or denied by the department for one year;
(ii) Where there has been one prior offense within seven
years, be revoked or denied by the department for nine
hundred days; or
(iii) Where there have been two or more prior offenses
within seven years, be revoked or denied by the department
for four years.
For purposes of this subsection, the department shall
refer to the driver’s record maintained under RCW 46.52.120
when determining the existence of prior offenses.
(7) After expiration of any period of suspension,
revocation, or denial of the offender’s license, permit, or
privilege to drive required by this section, the department
shall place the offender’s driving privilege in probationary
status pursuant to RCW 46.20.355.
(8)(a) In addition to any nonsuspendable and
nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall
also suspend but shall not defer a period of confinement for
a period not exceeding five years. The court shall impose
conditions of probation that include: (i) Not driving a motor
vehicle within this state without a valid license to drive and
proof of financial responsibility for the future; (ii) not
driving a motor vehicle within this state while having an
alcohol concentration of 0.08 or more within two hours after
driving; and (iii) not refusing to submit to a test of his or her
breath or blood to determine alcohol concentration upon
request of a law enforcement officer who has reasonable
grounds to believe the person was driving or was in actual
physical control of a motor vehicle within this state while
under the influence of intoxicating liquor. The court may
impose conditions of probation that include nonrepetition,
installation of an ignition interlock or other biological or
technical device on the probationer’s motor vehicle, alcohol
or drug treatment, supervised probation, or other conditions
that may be appropriate. The sentence may be imposed in
whole or in part upon violation of a condition of probation
during the suspension period.
(b) For each violation of mandatory conditions of
probation under (a)(i) and (ii) or (a)(i) and (iii) of this
subsection, the court shall order the convicted person to be
confined for thirty days, which shall not be suspended or
deferred.
(c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection,
the license, permit, or privilege to drive of the person shall
be suspended by the court for thirty days or, if such license,
permit, or privilege to drive already is suspended, revoked,
or denied at the time the finding of probation violation is
made, the suspension, revocation, or denial then in effect
shall be extended by thirty days. The court shall notify the
[Title 46 RCW—page 209]
46.61.5055
Title 46 RCW: Motor Vehicles
department of any suspension, revocation, or denial or any
extension of a suspension, revocation, or denial imposed
under this subsection.
(9) A court may waive the electronic home monitoring
requirements of this chapter when:
(a) The offender does not have a dwelling, telephone
service, or any other necessity to operate an electronic home
monitoring system;
(b) The offender does not reside in the state of Washington; or
(c) The court determines that there is reason to believe
that the offender would violate the conditions of the electronic home monitoring penalty.
Whenever the mandatory minimum term of electronic
home monitoring is waived, the court shall state in writing
the reason for granting the waiver and the facts upon which
the waiver is based, and shall impose an alternative sentence
with similar punitive consequences. The alternative sentence
may include, but is not limited to, additional jail time, work
crew, or work camp.
Whenever the combination of jail time and electronic
home monitoring or alternative sentence would exceed three
hundred sixty-five days, the offender shall serve the jail
portion of the sentence first, and the electronic home
monitoring or alternative portion of the sentence shall be
reduced so that the combination does not exceed three hundred sixty-five days.
(10) An offender serving a sentence under this section,
whether or not a mandatory minimum term has expired, may
be granted an extraordinary medical placement by the jail
administrator subject to the standards and limitations set
forth in *RCW 9.94A.728(4).
(11) For purposes of this section:
(a) A "prior offense" means any of the following:
(i) A conviction for a violation of RCW 46.61.502 or an
equivalent local ordinance;
(ii) A conviction for a violation of RCW 46.61.504 or
an equivalent local ordinance;
(iii) A conviction for a violation of RCW 46.61.520
committed while under the influence of intoxicating liquor
or any drug;
(iv) A conviction for a violation of RCW 46.61.522
committed while under the influence of intoxicating liquor
or any drug;
(v) A conviction for a violation of RCW 46.61.5249,
46.61.500, or 9A.36.050 or an equivalent local ordinance, if
the conviction is the result of a charge that was originally
filed as a violation of RCW 46.61.502 or 46.61.504, or an
equivalent local ordinance, or of RCW 46.61.520 or
46.61.522;
(vi) An out-of-state conviction for a violation that would
have been a violation of (a)(i), (ii), (iii), (iv), or (v) of this
subsection if committed in this state;
(vii) A deferred prosecution under chapter 10.05 RCW
granted in a prosecution for a violation of RCW 46.61.502,
46.61.504, or an equivalent local ordinance; or
(viii) A deferred prosecution under chapter 10.05 RCW
granted in a prosecution for a violation of RCW 46.61.5249,
or an equivalent local ordinance, if the charge under which
the deferred prosecution was granted was originally filed as
a violation of RCW 46.61.502 or 46.61.504, or an equivalent
local ordinance, or of RCW 46.61.520 or 46.61.522; and
[Title 46 RCW—page 210]
(b) "Within seven years" means that the arrest for a
prior offense occurred within seven years of the arrest for
the current offense. [1999 c 324 § 5; 1999 c 274 § 6; 1999
c 5 § 1. Prior: 1998 c 215 § 1; 1998 c 214 §1; 1998 c 211
§ 1; 1998 c 210 § 4; 1998 c 207 § 1; 1998 c 206 § 1; prior:
1997 c 229 § 11; 1997 c 66 § 14; 1996 c 307 § 3; 1995 1st
sp.s. c 17 § 2; 1995 c 332 § 5.]
Reviser’s note: *(1) This RCW reference has been corrected to
reflect the reorganizaton of chapter 9.94A RCW by 2001 c 10 § 6.
(2) This section was amended by 1999 c 5 § 1, 1999 c 274 § 6, and
by 1999 c 324 § 5, each without reference to the other. All amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1999 c 5: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1999 c 5 § 2.]
Effective date—1999 c 5: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 16, 1999]." [1999 c 5 § 3.]
Effective date—1998 c 214: "This act takes effect January 1, 1999."
[1998 c 214 § 6.]
Effective date—1998 c 211: "This act takes effect January 1, 1999."
[1998 c 211 § 7.]
Short title—Finding—Intent—Effective date—1998 c 210: See
notes following RCW 46.20.720.
Effective date—1998 c 207: "This act takes effect January 1, 1999."
[1998 c 207 § 12.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Effective date—1995 1st sp.s. c 17: See note following RCW
46.20.355.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
46.61.5056 Alcohol violators—Information school—
Evaluation and treatment. (1) A person subject to alcohol
assessment and treatment under RCW 46.61.5055 shall be
required by the court to complete a course in an alcohol
information school approved by the department of social and
health services or to complete more intensive treatment in a
program approved by the department of social and health
services, as determined by the court. The court shall notify
the department of licensing whenever it orders a person to
complete a course or treatment program under this section.
(2) A diagnostic evaluation and treatment recommendation shall be prepared under the direction of the court by an
alcoholism agency approved by the department of social and
health services or a qualified probation department approved
by the department of social and health services. A copy of
the report shall be forwarded to the department of licensing.
Based on the diagnostic evaluation, the court shall determine
whether the person shall be required to complete a course in
an alcohol information school approved by the department of
social and health services or more intensive treatment in a
program approved by the department of social and health
services.
(3) Standards for approval for alcohol treatment programs shall be prescribed by the department of social and
health services. The department of social and health services
shall periodically review the costs of alcohol information
schools and treatment programs.
(4) Any agency that provides treatment ordered under
RCW 46.61.5055, shall immediately report to the appropriate
(2002 Ed.)
Rules of the Road
probation department where applicable, otherwise to the
court, and to the department of licensing any noncompliance
by a person with the conditions of his or her ordered treatment. The court shall notify the department of licensing and
the department of social and health services of any failure by
an agency to so report noncompliance. Any agency with
knowledge of noncompliance that fails to so report shall be
fined two hundred fifty dollars by the department of social
and health services. Upon three such failures by an agency
within one year, the department of social and health services
shall revoke the agency’s approval under this section.
(5) The department of licensing and the department of
social and health services may adopt such rules as are
necessary to carry out this section. [1995 c 332 § 14; 1994
c 275 § 9.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.61.50571 Alcohol violators—Mandatory appearances. (1) A defendant who is charged with an offense
involving driving while under the influence as defined in
RCW 46.61.502, driving under age twenty-one after consuming alcohol as defined in RCW 46.61.503, or being in
physical control of a vehicle while under the influence as
defined in RCW 46.61.504, shall be required to appear in
person before a judicial officer within one judicial day after
the arrest if the defendant is served with a citation or
complaint at the time of the arrest. A court may by local
court rule waive the requirement for appearance within one
judicial day if it provides for the appearance at the earliest
practicable day following arrest and establishes the method
for identifying that day in the rule.
(2) A defendant who is charged with an offense involving driving while under the influence as defined in RCW
46.61.502, driving under age twenty-one after consuming
alcohol as defined in RCW 46.61.503, or being in physical
control of a vehicle while under the influence as defined in
RCW 46.61.504, and who is not served with a citation or
complaint at the time of the incident, shall appear in court
for arraignment in person as soon as practicable, but in no
event later than fourteen days after the next day on which
court is in session following the issuance of the citation or
the filing of the complaint or information.
(3) At the time of an appearance required by this
section, the court shall determine the necessity of imposing
conditions of pretrial release according to the procedures
established by court rule for a preliminary appearance or an
arraignment.
(4) Appearances required by this section are mandatory
and may not be waived. [2000 c 52 § 1; 1999 c 114 § 1;
1998 c 214 § 5.]
Effective date—1998 c 214: See note following RCW 46.61.5055.
46.61.5058 Alcohol violators—Vehicle seizure and
forfeiture. (1) Upon the arrest of a person or upon the
filing of a complaint, citation, or information in a court of
competent jurisdiction, based upon probable cause to believe
that a person has violated RCW 46.61.502 or 46.61.504 or
any similar municipal ordinance, if such person has a prior
(2002 Ed.)
46.61.5056
offense within seven years as defined in RCW 46.61.5055,
and where the person has been provided written notice that
any transfer, sale, or encumbrance of such person’s interest
in the vehicle over which that person was actually driving or
had physical control when the violation occurred, is unlawful
pending either acquittal, dismissal, sixty days after conviction, or other termination of the charge, such person shall be
prohibited from encumbering, selling, or transferring his or
her interest in such vehicle, except as otherwise provided in
(a), (b), and (c) of this subsection, until either acquittal,
dismissal, sixty days after conviction, or other termination of
the charge. The prohibition against transfer of title shall not
be stayed pending the determination of an appeal from the
conviction.
(a) A vehicle encumbered by a bona fide security
interest may be transferred to the secured party or to a
person designated by the secured party;
(b) A leased or rented vehicle may be transferred to the
lessor, rental agency, or to a person designated by the lessor
or rental agency; and
(c) A vehicle may be transferred to a third party or a
vehicle dealer who is a bona fide purchaser or may be
subject to a bona fide security interest in the vehicle unless
it is established that (i) in the case of a purchase by a third
party or vehicle dealer, such party or dealer had actual notice
that the vehicle was subject to the prohibition prior to the
purchase, or (ii) in the case of a security interest, the holder
of the security interest had actual notice that the vehicle was
subject to the prohibition prior to the encumbrance of title.
(2) On conviction for a violation of either RCW
46.61.502 or 46.61.504 or any similar municipal ordinance
where the person convicted has a prior offense within seven
years as defined in RCW 46.61.5055, the motor vehicle the
person was driving or over which the person had actual
physical control at the time of the offense, if the person has
a financial interest in the vehicle, is subject to seizure and
forfeiture pursuant to this section.
(3) A vehicle subject to forfeiture under this chapter
may be seized by a law enforcement officer of this state
upon process issued by a court of competent jurisdiction.
Seizure of a vehicle may be made without process if the
vehicle subject to seizure has been the subject of a prior
judgment in favor of the state in a forfeiture proceeding
based upon this section.
(4) Seizure under subsection (3) of this section automatically commences proceedings for forfeiture. The law
enforcement agency under whose authority the seizure was
made shall cause notice of the seizure and intended forfeiture
of the seized vehicle to be served within fifteen days after
the seizure on the owner of the vehicle seized, on the person
in charge of the vehicle, and on any person having a known
right or interest in the vehicle, including a community
property interest. The notice of seizure may be served by
any method authorized by law or court rule, including but
not limited to service by certified mail with return receipt
requested. Service by mail is complete upon mailing within
the fifteen-day period after the seizure. Notice of seizure in
the case of property subject to a security interest that has
been perfected on a certificate of title shall be made by
service upon the secured party or the secured party’s
assignee at the address shown on the financing statement or
the certificate of title.
[Title 46 RCW—page 211]
46.61.5058
Title 46 RCW: Motor Vehicles
(5) If no person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of the seized vehicle within forty-five days of
the seizure, the vehicle is deemed forfeited.
(6) If a person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of the seized vehicle within forty-five days of
the seizure, the law enforcement agency shall give the
person or persons a reasonable opportunity to be heard as to
the claim or right. The hearing shall be before the chief law
enforcement officer of the seizing agency or the chief law
enforcement officer’s designee, except where the seizing
agency is a state agency as defined in RCW 34.12.020, the
hearing shall be before the chief law enforcement officer of
the seizing agency or an administrative law judge appointed
under chapter 34.12 RCW, except that any person asserting
a claim or right may remove the matter to a court of
competent jurisdiction. Removal may only be accomplished
according to the rules of civil procedure. The person
seeking removal of the matter must serve process against the
state, county, political subdivision, or municipality that
operates the seizing agency, and any other party of interest,
in accordance with RCW 4.28.080 or 4.92.020, within fortyfive days after the person seeking removal has notified the
seizing law enforcement agency of the person’s claim of
ownership or right to possession. The court to which the
matter is to be removed shall be the district court when the
aggregate value of the vehicle is within the jurisdictional
limit set forth in RCW 3.66.020. A hearing before the
seizing agency and any appeal therefrom shall be under Title
34 RCW. In a court hearing between two or more claimants
to the vehicle involved, the prevailing party shall be entitled
to a judgment for costs and reasonable attorneys’ fees. The
burden of producing evidence shall be upon the person
claiming to be the legal owner or the person claiming to
have the lawful right to possession of the vehicle. The
seizing law enforcement agency shall promptly return the
vehicle to the claimant upon a determination by the administrative law judge or court that the claimant is the present
legal owner under Title 46 RCW or is lawfully entitled to
possession of the vehicle.
(7) When a vehicle is forfeited under this chapter the
seizing law enforcement agency may sell the vehicle, retain
it for official use, or upon application by a law enforcement
agency of this state release the vehicle to that agency for the
exclusive use of enforcing this title; provided, however, that
the agency shall first satisfy any bona fide security interest
to which the vehicle is subject under subsection (1)(a) or (c)
of this section.
(8) When a vehicle is forfeited, the seizing agency shall
keep a record indicating the identity of the prior owner, if
known, a description of the vehicle, the disposition of the
vehicle, the value of the vehicle at the time of seizure, and
the amount of proceeds realized from disposition of the
vehicle.
(9) Each seizing agency shall retain records of forfeited
vehicles for at least seven years.
(10) Each seizing agency shall file a report including a
copy of the records of forfeited vehicles with the state
treasurer each calendar quarter.
(11) The quarterly report need not include a record of
a forfeited vehicle that is still being held for use as evidence
[Title 46 RCW—page 212]
during the investigation or prosecution of a case or during
the appeal from a conviction.
(12) By January 31st of each year, each seizing agency
shall remit to the state treasurer an amount equal to ten
percent of the net proceeds of vehicles forfeited during the
preceding calendar year. Money remitted shall be deposited
in the public safety and education account.
(13) The net proceeds of a forfeited vehicle is the value
of the forfeitable interest in the vehicle after deducting the
cost of satisfying a bona fide security interest to which the
vehicle is subject at the time of seizure; and in the case of
a sold vehicle, after deducting the cost of sale, including
reasonable fees or commissions paid to independent selling
agents.
(14) The value of a sold forfeited vehicle is the sale
price. The value of a retained forfeited vehicle is the fair
market value of the vehicle at the time of seizure, determined when possible by reference to an applicable commonly used index, such as the index used by the department of
licensing. A seizing agency may, but need not, use an
independent qualified appraiser to determine the value of
retained vehicles. If an appraiser is used, the value of the
vehicle appraised is net of the cost of the appraisal. [1998
c 207 § 2; 1995 c 332 § 6; 1994 c 139 § 1.]
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
46.61.506 Persons under influence of intoxicating
liquor or drug—Evidence—Tests—Information concerning tests. (1) Upon the trial of any civil or criminal action
or proceeding arising out of acts alleged to have been
committed by any person while driving or in actual physical
control of a vehicle while under the influence of intoxicating
liquor or any drug, if the person’s alcohol concentration is
less than 0.08, it is evidence that may be considered with
other competent evidence in determining whether the person
was under the influence of intoxicating liquor or any drug.
(2) The breath analysis shall be based upon grams of
alcohol per two hundred ten liters of breath. The foregoing
provisions of this section shall not be construed as limiting
the introduction of any other competent evidence bearing
upon the question whether the person was under the influence of intoxicating liquor or any drug.
(3) Analysis of the person’s blood or breath to be
considered valid under the provisions of this section or RCW
46.61.502 or 46.61.504 shall have been performed according
to methods approved by the state toxicologist and by an
individual possessing a valid permit issued by the state
toxicologist for this purpose. The state toxicologist is
directed to approve satisfactory techniques or methods, to
supervise the examination of individuals to ascertain their
qualifications and competence to conduct such analyses, and
to issue permits which shall be subject to termination or
revocation at the discretion of the state toxicologist.
(4) When a blood test is administered under the provisions of RCW 46.20.308, the withdrawal of blood for the
purpose of determining its alcoholic or drug content may be
performed only by a physician, a registered nurse, or a
qualified technician. This limitation shall not apply to the
taking of breath specimens.
(2002 Ed.)
Rules of the Road
(5) The person tested may have a physician, or a
qualified technician, chemist, registered nurse, or other
qualified person of his or her own choosing administer one
or more tests in addition to any administered at the direction
of a law enforcement officer. The failure or inability to
obtain an additional test by a person shall not preclude the
admission of evidence relating to the test or tests taken at the
direction of a law enforcement officer.
(6) Upon the request of the person who shall submit to
a test or tests at the request of a law enforcement officer,
full information concerning the test or tests shall be made
available to him or her or his or her attorney. [1998 c 213
§ 6; 1995 c 332 § 18; 1994 c 275 § 26; 1987 c 373 § 4;
1986 c 153 § 4; 1979 ex.s. c 176 § 5; 1975 1st ex.s. c 287
§ 1; 1969 c 1 § 3 (Initiative Measure No. 242, approved
November 5, 1968).]
Rules of court: Evidence of Breathalyzer, BAC Verifier, simulator solution
tests—CrRLJ 6.13.
Effective date—1998 c 213: See note following RCW 46.20.308.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding, purpose—Severability—1987 c 373: See notes
following RCW 46.61.502.
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Severability, implied consent law—1969 c 1: See RCW 46.20.911.
Arrest of driver under influence of intoxicating liquor or drugs: RCW
10.31.100.
46.61.508 Liability of medical personnel withdrawing blood. No physician, registered nurse, qualified technician, or hospital, or duly licensed clinical laboratory employing or utilizing services of such physician, registered nurse,
or qualified technician, shall incur any civil or criminal
liability as a result of the act of withdrawing blood from any
person when directed by a law enforcement officer to do so
for the purpose of a blood test under the provisions of RCW
46.20.308, as now or hereafter amended: PROVIDED, That
nothing in this section shall relieve any physician, registered
nurse, qualified technician, or hospital or duly licensed
clinical laboratory from civil liability arising from the use of
improper procedures or failing to exercise the required
standard of care. [1977 ex.s. c 143 § 1.]
46.61.513 Criminal history and driving record. (1)
Immediately before the court defers prosecution under RCW
10.05.020, dismisses a charge, or orders a sentence for any
offense listed in subsection (2) of this section, the court and
prosecutor shall verify the defendant’s criminal history and
driving record. The order shall include specific findings as
to the criminal history and driving record. For purposes of
this section, the criminal history shall include all previous
convictions and orders of deferred prosecution, as reported
through the judicial information system or otherwise available to the court or prosecutor, current to within the period
specified in subsection (3) of this section before the date of
the order. For purposes of this section, the driving record
shall include all information reported to the court by the
department of licensing.
(2) The offenses to which this section applies are
violations of: (a) RCW 46.61.502 or an equivalent local
(2002 Ed.)
46.61.506
ordinance; (b) RCW 46.61.504 or an equivalent local
ordinance; (c) RCW 46.61.520 committed while under the
influence of intoxicating liquor or any drug; (d) RCW
46.61.522 committed while under the influence of intoxicating liquor or any drug; and (e) RCW 46.61.5249, 46.61.500,
or 9A.36.050, or an equivalent local ordinance, if the
conviction is the result of a charge that was originally filed
as a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522.
(3) The periods applicable to previous convictions and
orders of deferred prosecution are: (a) One working day, in
the case of previous actions of courts that fully participate in
the state judicial information system; and (b) seven calendar
days, in the case of previous actions of courts that do not
fully participate in the judicial information system. For
purposes of this subsection, "fully participate" means
regularly providing records to and receiving records from the
system by electronic means on a daily basis. [1998 c 211 §
5.]
Effective date—1998 c 211: See note following RCW 46.61.5055.
46.61.5151 Sentences—Intermittent fulfillment—
Restrictions. A sentencing court may allow persons
convicted of violating RCW 46.61.502 or 46.61.504 to fulfill
the terms of the sentence provided in RCW 46.61.5055 in
nonconsecutive or intermittent time periods. However, any
mandatory minimum sentence under RCW 46.61.5055 shall
be served consecutively unless suspended or deferred as
otherwise provided by law. [1995 c 332 § 15; 1994 c 275
§ 39; 1983 c 165 § 33.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
46.61.5152 Attendance at program focusing on
victims. In addition to penalties that may be imposed under
RCW 46.61.5055, the court may require a person who is
convicted of a violation of RCW 46.61.502 or 46.61.504 or
who enters a deferred prosecution program under RCW
10.05.020 based on a violation of RCW 46.61.502 or
46.61.504, to attend an educational program focusing on the
emotional, physical, and financial suffering of victims who
were injured by persons convicted of driving while under the
influence of intoxicants. [1998 c 41 § 9; 1994 c 275 § 40;
1992 c 64 § 1.]
Intent—Construction—Effective date—1998 c 41: See notes
following RCW 46.20.265.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.61.516 Qualified probation department defined.
A qualified probation department means a probation department for a district or municipal court that has a sufficient
number of qualified alcohol assessment officers who meet
the requirements of a qualified alcoholism counselor as
provided by rule of the department of social and health
services, except that the required hours of supervised work
experience in an alcoholism agency may be satisfied by
completing an equivalent number of hours of supervised
[Title 46 RCW—page 213]
46.61.516
Title 46 RCW: Motor Vehicles
work doing alcohol assessments within a probation department. [1983 c 150 § 2.]
provides penalties equal to or greater than the penalties
provided in those sections. [1984 c 274 § 2.]
46.61.517 Refusal of test—Admissibility as evidence.
The refusal of a person to submit to a test of the alcohol or
drug concentration in the person’s blood or breath under
RCW 46.20.308 is admissible into evidence at a subsequent
criminal trial. [2001 c 142 § 1; 1987 c 373 § 5; 1986 c 64
§ 2; 1985 c 352 § 21; 1983 c 165 § 27.]
46.61.5195 Disguising alcoholic beverage container.
(1) It is a traffic infraction to incorrectly label the original
container of an alcoholic beverage and to then violate RCW
46.61.519.
(2) It is a traffic infraction to place an alcoholic beverage in a container specifically labeled by the manufacturer
of the container as containing a nonalcoholic beverage and
to then violate RCW 46.61.519. [1984 c 274 § 3.]
Legislative finding, purpose—Severability—1987 c 373: See notes
following RCW 46.61.502.
Severability—1985 c 352: See note following RCW 10.05.010.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
46.61.519 Alcoholic beverages—Drinking or open
container in vehicle on highway—Exceptions. (1) It is a
traffic infraction to drink any alcoholic beverage in a motor
vehicle when the vehicle is upon a highway.
(2) It is a traffic infraction for a person to have in his
possession while in a motor vehicle upon a highway, a
bottle, can, or other receptacle containing an alcoholic
beverage if the container has been opened or a seal broken
or the contents partially removed.
(3) It is a traffic infraction for the registered owner of
a motor vehicle, or the driver if the registered owner is not
then present in the vehicle, to keep in a motor vehicle when
the vehicle is upon a highway, a bottle, can, or other
receptacle containing an alcoholic beverage which has been
opened or a seal broken or the contents partially removed,
unless the container is kept in the trunk of the vehicle or in
some other area of the vehicle not normally occupied by the
driver or passengers if the vehicle does not have a trunk. A
utility compartment or glove compartment is deemed to be
within the area occupied by the driver and passengers.
(4) This section does not apply to a public conveyance
that has been commercially chartered for group use or to the
living quarters of a motor home or camper or, except as
otherwise provided by RCW 66.44.250 or local law, to any
passenger for compensation in a for-hire vehicle licensed
under city, county, or state law, or to a privately-owned
vehicle operated by a person possessing a valid operator’s
license endorsed for the appropriate classification under
chapter 46.25 RCW in the course of his usual employment
transporting passengers at the employer’s direction: PROVIDED, That nothing in this subsection shall be construed
to authorize possession or consumption of an alcoholic
beverage by the operator of any vehicle while upon a
highway. [1989 c 178 § 26; 1984 c 274 § 1; 1983 c 165 §
28.]
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Ignition interlocks, biological, technical devices: RCW 46.20.710 through
46.20.750.
46.61.5191 Local ordinances not prohibited.
Nothing in RCW 46.61.519 or RCW 46.61.5191 prohibits
any city or town from enacting a local ordinance that
proscribes the acts proscribed by those sections and that
[Title 46 RCW—page 214]
Ignition interlocks, biological, technical devices: RCW 46.20.710 through
46.20.750.
46.61.520 Vehicular homicide—Penalty. (1) When
the death of any person ensues within three years as a
proximate result of injury proximately caused by the driving
of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:
(a) While under the influence of intoxicating liquor or
any drug, as defined by RCW 46.61.502; or
(b) In a reckless manner; or
(c) With disregard for the safety of others.
(2) Vehicular homicide is a class A felony punishable
under chapter 9A.20 RCW, except that, for a conviction
under subsection (1)(a) of this section, an additional two
years shall be added to the sentence for each prior offense as
defined in RCW 46.61.5055. [1998 c 211 § 2; 1996 c 199
§ 7; 1991 c 348 § 1; 1983 c 164 § 1; 1975 1st ex.s. c 287 §
3; 1973 2nd ex.s. c 38 § 2; 1970 ex.s. c 49 § 5; 1965 ex.s.
c 155 § 63; 1961 c 12 § 46.56.040. Prior: 1937 c 189 §
120; RRS § 6360-120. Formerly RCW 46.56.040.]
Effective date—1998 c 211: See note following RCW 46.61.5055.
Severability—1996 c 199: See note following RCW 9.94A.505.
Effective date—1991 c 348: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1991." [1991 c 348 § 5.]
Severability—1973 2nd ex.s. c 38: See note following RCW
69.50.101.
Severability—1970 ex.s. c 49: See note following RCW 9.69.100.
Criminal history and driving record: RCW 46.61.513.
Ignition interlocks, biological, technical devices: RCW 46.20.710 through
46.20.750.
Suspension or revocation of license upon conviction of vehicular homicide
or assault: RCW 46.20.285, 46.20.291.
46.61.522 Vehicular assault—Penalty. (1) A person
is guilty of vehicular assault if he or she operates or drives
any vehicle:
(a) In a reckless manner and causes substantial bodily
harm to another; or
(b) While under the influence of intoxicating liquor or
any drug, as defined by RCW 46.61.502, and causes substantial bodily harm to another; or
(c) With disregard for the safety of others and causes
substantial bodily harm to another.
(2) Vehicular assault is a class B felony punishable
under chapter 9A.20 RCW.
(3) As used in this section, "substantial bodily harm"
has the same meaning as in RCW 9A.04.110. [2001 c 300
§ 1; 1996 c 199 § 8; 1983 c 164 § 2.]
(2002 Ed.)
Rules of the Road
Severability—1996 c 199: See note following RCW 9.94A.505.
Criminal history and driving record: RCW 46.61.513.
Ignition interlocks, biological, technical devices: RCW 46.20.710 through
46.20.750.
46.61.524 Vehicular homicide, assault—Evaluation,
treatment of drug or alcohol problem. (1) A person
convicted under RCW 46.61.520(1)(a) or 46.61.522(1)(b)
shall, as a condition of community custody imposed under
*RCW 9.94A.545 or community placement imposed under
RCW 9.94A.660, complete a diagnostic evaluation by an
alcohol or drug dependency agency approved by the department of social and health services or a qualified probation
department, as defined under RCW 46.61.516 that has been
approved by the department of social and health services.
This report shall be forwarded to the department of licensing. If the person is found to have an alcohol or drug
problem that requires treatment, the person shall complete
treatment in a program approved by the department of social
and health services under chapter 70.96A RCW. If the
person is found not to have an alcohol or drug problem that
requires treatment, he or she shall complete a course in an
information school approved by the department of social and
health services under chapter 70.96A RCW. The convicted
person shall pay all costs for any evaluation, education, or
treatment required by this section, unless the person is
eligible for an existing program offered or approved by the
department of social and health services. Nothing in chapter
348, Laws of 1991 requires the addition of new treatment or
assessment facilities nor affects the department of social and
health services use of existing programs and facilities
authorized by law.
(2) As provided for under RCW 46.20.285, the department shall revoke the license, permit to drive, or a nonresident privilege of a person convicted of vehicular homicide
under RCW 46.61.520 or vehicular assault under RCW
46.61.522. The department shall determine the eligibility of
a person convicted of vehicular homicide under RCW
46.61.520(1)(a) or vehicular assault under RCW
46.61.522(1)(b) to receive a license based upon the report
provided by the designated alcoholism treatment facility or
probation department, and shall deny reinstatement until
satisfactory progress in an approved program has been
established and the person is otherwise qualified. [2001 c 64
§ 7; 2000 c 28 § 40; 1991 c 348 § 2.]
*Reviser’s note: This RCW reference has been corrected to reflect
the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Headings and captions not law—Effective date—Severability—
2000 c 28: See RCW 9.94A.920, 9.94A.921, and 9.94A.922.
Effective date—1991 c 348: See note following RCW 46.61.520.
46.61.5249 Negligent driving—First degree. (1)(a)
A person is guilty of negligent driving in the first degree if
he or she operates a motor vehicle in a manner that is both
negligent and endangers or is likely to endanger any person
or property, and exhibits the effects of having consumed
liquor or an illegal drug.
(b) It is an affirmative defense to negligent driving in
the first degree by means of exhibiting the effects of having
consumed an illegal drug that must be proved by the
(2002 Ed.)
46.61.522
defendant by a preponderance of the evidence, that the driver
has a valid prescription for the drug consumed, and has been
consuming it according to the prescription directions and
warnings.
(c) Negligent driving in the first degree is a misdemeanor.
(2) For the purposes of this section:
(a) "Negligent" means the failure to exercise ordinary
care, and is the doing of some act that a reasonably careful
person would not do under the same or similar circumstances
or the failure to do something that a reasonably careful
person would do under the same or similar circumstances.
(b) "Exhibiting the effects of having consumed liquor"
means that a person has the odor of liquor on his or her
breath, or that by speech, manner, appearance, behavior, lack
of coordination, or otherwise exhibits that he or she has
consumed liquor, and either:
(i) Is in possession of or in close proximity to a container that has or recently had liquor in it; or
(ii) Is shown by other evidence to have recently consumed liquor.
(c) "Exhibiting the effects of having consumed an illegal
drug" means that a person by speech, manner, appearance,
behavior, lack of coordination, or otherwise exhibits that he
or she has consumed an illegal drug and either:
(i) Is in possession of an illegal drug; or
(ii) Is shown by other evidence to have recently consumed an illegal drug.
(d) "Illegal drug" means a controlled substance under
chapter 69.50 RCW for which the driver does not have a
valid prescription or that is not being consumed in accordance with the prescription directions and warnings, or a
legend drug under chapter 69.41 RCW for which the driver
does not have a valid prescription or that is not being
consumed in accordance with the prescription directions and
warnings.
(3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the
basis of prosecution under such other law notwithstanding
that it may also be the basis for prosecution under this
section. [1997 c 66 § 4.]
Criminal history and driving record: RCW 46.61.513.
46.61.525 Negligent driving—Second degree. (1)(a)
A person is guilty of negligent driving in the second degree
if, under circumstances not constituting negligent driving in
the first degree, he or she operates a motor vehicle in a
manner that is both negligent and endangers or is likely to
endanger any person or property.
(b) It is an affirmative defense to negligent driving in
the second degree that must be proved by the defendant by
a preponderance of the evidence, that the driver was operating the motor vehicle on private property with the consent
of the owner in a manner consistent with the owner’s
consent.
(c) Negligent driving in the second degree is a traffic
infraction and is subject to a penalty of two hundred fifty
dollars.
(2) For the purposes of this section, "negligent" means
the failure to exercise ordinary care, and is the doing of
some act that a reasonably careful person would not do
[Title 46 RCW—page 215]
46.61.525
Title 46 RCW: Motor Vehicles
under the same or similar circumstances or the failure to do
something that a reasonably careful person would do under
the same or similar circumstances.
(3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the
basis of prosecution under such other law notwithstanding
that it may also be the basis for prosecution under this
section. [1997 c 66 § 5; 1996 c 307 § 1; 1979 ex.s. c 136
§ 86; 1967 c 32 § 69; 1961 c 12 § 46.56.030. Prior: 1939
c 154 § 1; RRS § 6360-118 1/2. Formerly RCW 46.56.030.]
Rules of court: Negligent driving cases—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Arrest of person involved in negligent driving: RCW 10.31.100.
Use of vessel in reckless manner or while under influence of alcohol or
drugs prohibited: RCW 79A.60.040.
46.61.527 Roadway construction zones. (1) The
secretary of transportation shall adopt standards and specifications for the use of traffic control devices in roadway
construction zones on state highways. A roadway construction zone is an area where construction, repair, or maintenance work is being conducted by public employees or
private contractors, on or adjacent to any public roadway.
(2) No person may drive a vehicle in a roadway
construction zone at a speed greater than that allowed by
traffic control devices.
(3) A person found to have committed any infraction
relating to speed restrictions in a roadway construction zone
shall be assessed a monetary penalty equal to twice the
penalty assessed under RCW 46.63.110. This penalty may
not be waived, reduced, or suspended.
(4) A person who drives a vehicle in a roadway construction zone in such a manner as to endanger or be likely
to endanger any persons or property, or who removes,
evades, or intentionally strikes a traffic safety or control
device is guilty of reckless endangerment of roadway
workers. A violation of this subsection is a gross misdemeanor punishable under chapter 9A.20 RCW.
(5) The department shall suspend for sixty days the
license or permit to drive or a nonresident driving privilege
of a person convicted of reckless endangerment of roadway
workers. [1994 c 141 § 1.]
Effective date—1994 c 141: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 28, 1994]." [1994 c 141 § 3.]
46.61.530 Racing of vehicles on highways—Reckless
driving—Exception. No person or persons may race any
motor vehicle or motor vehicles upon any public highway of
this state. Any person or persons who wilfully compare or
contest relative speeds by operation of one or more motor
vehicles shall be guilty of racing, which shall constitute
reckless driving under RCW 46.61.500, whether or not such
speed is in excess of the maximum speed prescribed by law:
PROVIDED HOWEVER, That any comparison or contest of
the accuracy with which motor vehicles may be operated in
terms of relative speeds not in excess of the posted maximum speed does not constitute racing. [1979 ex.s. c 136 §
87; 1961 c 12 § 46.48.050. Prior: 1937 c 189 § 67; RRS
[Title 46 RCW—page 216]
§ 6360-67; 1921 c 96 § 32; 1915 c 142 § 25; RRS § 6344.
Formerly RCW 46.48.050.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Arrest of person involved in racing of vehicles: RCW 10.31.100.
46.61.535 Advertising of unlawful speed—Reckless
driving. It shall be unlawful for any manufacturer, dealer,
distributor, or any person, firm, or corporation to publish or
advertise or offer for publication or advertisement, or to
consent or cause to be published or advertised, the time
consumed or speed attained by a vehicle between given
points or over given or designated distances upon any public
highways of this state when such published or advertised
time consumed or speed attained shall indicate an average
rate of speed between given points or over a given or
designated distance in excess of the maximum rate of speed
allowed between such points or at a rate of speed which
would constitute reckless driving between such points.
Violation of any of the provisions of this section shall be
prima facie evidence of reckless driving and shall subject
such person, firm, or corporation to the penalties in such
cases provided. [1979 ex.s. c 136 § 88; 1961 c 12 §
46.48.060. Prior: 1937 c 189 § 68; RRS § 6360-68.
Formerly RCW 46.48.060.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.61.540 "Drugs," what included. The word
"drugs", as used in RCW 46.61.500 through 46.61.535, shall
include but not be limited to those drugs and substances
regulated by chapters 69.41 and 69.50 RCW. [1975 1st ex.s.
c 287 § 5.]
STOPPING, STANDING, AND PARKING
46.61.560 Stopping, standing, or parking outside
business or residence districts. (1) Outside of incorporated
cities and towns no person may stop, park, or leave standing
any vehicle, whether attended or unattended, upon the
roadway.
(2) Subsection (1) of this section and RCW 46.61.570
and 46.61.575 do not apply to the driver of any vehicle that
is disabled in such manner and to such extent that it is
impossible to avoid stopping and temporarily leaving the
vehicle in such position. The driver shall nonetheless
arrange for the prompt removal of the vehicle as required by
RCW 46.61.590.
(3) Subsection (1) of this section does not apply to the
driver of a public transit vehicle who temporarily stops the
vehicle upon the roadway for the purpose of and while
actually engaged in receiving or discharging passengers at a
marked transit vehicle stop zone approved by the state
department of transportation or a county upon highways
under their respective jurisdictions.
(4) Subsection (1) of this section and RCW 46.61.570
and 46.61.575 do not apply to the driver of a solid waste
collection company or recycling company vehicle who
temporarily stops the vehicle as close as practical to the right
(2002 Ed.)
Rules of the Road
edge of the right-hand shoulder of the roadway or right edge
of the roadway if no shoulder exists for the purpose of and
while actually engaged in the collection of solid waste or
recyclables, or both, under chapters 81.77, 35.21, and
35A.21 RCW or by contract under RCW 36.58.030
[36.58.040]. [1991 c 319 § 408; 1984 c 7 § 72; 1979 ex.s.
c 178 § 20; 1977 c 24 § 2; 1965 ex.s. c 155 § 64.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1979 ex.s. c 178: See note following RCW 46.61.590.
Limited access highways: RCW 47.52.120.
Unattended motor vehicles: RCW 46.61.600.
46.61.570 Stopping, standing, or parking prohibited
in specified places—Reserving portion of highway
prohibited. (1) Except when necessary to avoid conflict
with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no
person shall:
(a) Stop, stand, or park a vehicle:
(i) On the roadway side of any vehicle stopped or
parked at the edge or curb of a street;
(ii) On a sidewalk or street planting strip;
(iii) Within an intersection;
(iv) On a crosswalk;
(v) Between a safety zone and the adjacent curb or
within thirty feet of points on the curb immediately opposite
the ends of a safety zone, unless official signs or markings
indicate a different no-parking area opposite the ends of a
safety zone;
(vi) Alongside or opposite any street excavation or
obstruction when stopping, standing, or parking would
obstruct traffic;
(vii) Upon any bridge or other elevated structure upon
a highway or within a highway tunnel;
(viii) On any railroad tracks;
(ix) In the area between roadways of a divided highway
including crossovers; or
(x) At any place where official signs prohibit stopping.
(b) Stand or park a vehicle, whether occupied or not,
except momentarily to pick up or discharge a passenger or
passengers:
(i) In front of a public or private driveway or within
five feet of the end of the curb radius leading thereto;
(ii) Within fifteen feet of a fire hydrant;
(iii) Within twenty feet of a crosswalk;
(iv) Within thirty feet upon the approach to any flashing
signal, stop sign, yield sign, or traffic control signal located
at the side of a roadway;
(v) Within twenty feet of the driveway entrance to any
fire station and on the side of a street opposite the entrance
to any fire station within seventy-five feet of said entrance
when properly signposted; or
(vi) At any place where official signs prohibit standing.
(c) Park a vehicle, whether occupied or not, except
temporarily for the purpose of and while actually engaged in
loading or unloading property or passengers:
(i) Within fifty feet of the nearest rail of a railroad
crossing; or
(2002 Ed.)
46.61.560
(ii) At any place where official signs prohibit parking.
(2) Parking or standing shall be permitted in the manner
provided by law at all other places except a time limit may
be imposed or parking restricted at other places but such
limitation and restriction shall be by city ordinance or county
resolution or order of the secretary of transportation upon
highways under their respective jurisdictions.
(3) No person shall move a vehicle not lawfully under
his or her control into any such prohibited area or away from
a curb such a distance as is unlawful.
(4) It shall be unlawful for any person to reserve or
attempt to reserve any portion of a highway for the purpose
of stopping, standing, or parking to the exclusion of any
other like person, nor shall any person be granted such right.
[1977 ex.s. c 151 § 40; 1975 c 62 § 35; 1965 ex.s. c 155 §
66.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Severability—1975 c 62: See note following RCW 36.75.010.
Limited access highways: RCW 47.52.120.
46.61.575 Additional parking regulations. (1)
Except as otherwise provided in this section, every vehicle
stopped or parked upon a two-way roadway shall be so
stopped or parked with the right-hand wheels parallel to and
within twelve inches of the right-hand curb or as close as
practicable to the right edge of the right-hand shoulder.
(2) Except when otherwise provided by local ordinance,
every vehicle stopped or parked upon a one-way roadway
shall be so stopped or parked parallel to the curb or edge of
the roadway, in the direction of authorized traffic movement,
with its right-hand wheels within twelve inches of the righthand curb or as close as practicable to the right edge of the
right-hand shoulder, or with its left-hand wheels within
twelve inches of the left-hand curb or as close as practicable
to the left edge of the left-hand shoulder.
(3) Local authorities may by ordinance or resolution
permit angle parking on any roadway, except that angle
parking shall not be permitted on any federal-aid or state
highway unless the secretary of transportation has determined by order that the roadway is of sufficient width to
permit angle parking without interfering with the free
movement of traffic.
(4) The secretary with respect to highways under his or
her jurisdiction may place official traffic control devices
prohibiting, limiting, or restricting the stopping, standing, or
parking of vehicles on any highway where the secretary has
determined by order, such stopping, standing, or parking is
dangerous to those using the highway or where the stopping,
standing, or parking of vehicles would unduly interfere with
the free movement of traffic thereon. No person shall stop,
stand, or park any vehicle in violation of the restrictions
indicated by such devices. [1977 ex.s. c 151 § 41; 1975 c
62 § 36; 1965 ex.s. c 155 § 67.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Severability—1975 c 62: See note following RCW 36.75.010.
[Title 46 RCW—page 217]
46.61.577
Title 46 RCW: Motor Vehicles
46.61.577 Regulations governing parking facilities.
The secretary of transportation may adopt regulations
governing the use and control of park and ride lots and other
parking facilities operated by the department of transportation, including time limits for the parking of vehicles. [1981
c 185 § 1.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.581 Disabled persons’ parking spaces—
Indication, access—Failure, penalty. A parking space or
stall for a disabled person shall be indicated by a vertical
sign, between thirty-six and eighty-four inches off the
ground, with the international symbol of access, whose
colors are white on a blue background, described under
RCW 70.92.120 and the notice "State disabled parking
permit required."
Failure of the person owning or controlling the property
where required parking spaces are located to erect and
maintain the sign is a class 2 civil infraction under chapter
7.80 RCW for each parking space that should be so designated. The person owning or controlling the property where
the required parking spaces are located shall ensure that the
parking spaces are not blocked or made inaccessible, and
failure to do so is a class 2 civil infraction. [1998 c 294 §
2; 1988 c 74 § 1; 1984 c 154 § 4.]
Intent—Application—Severability—1984 c 154: See notes
following RCW 46.16.381.
Accessible parking spaces required: RCW 70.92.140.
Disabled persons, special parking—Unauthorized use: RCW 46.16.381.
46.61.582 Free parking by disabled persons. Any
person who meets the criteria for special parking privileges
under RCW 46.16.381 shall be allowed free of charge to
park a vehicle being used to transport that person for unlimited periods of time in parking zones or areas including
zones or areas with parking meters which are otherwise
restricted as to the length of time parking is permitted. This
section does not apply to those zones or areas in which the
stopping, parking, or standing of all vehicles is prohibited or
which are reserved for special types of vehicles. The person
shall obtain and display a special placard or license plate
under RCW 46.16.381 to be eligible for the privileges under
this section. [1991 c 339 § 25; 1984 c 154 § 5.]
Intent—Application—Severability—1984 c 154: See notes
following RCW 46.16.381.
46.61.583 Special plate or card issued by another
jurisdiction. A special license plate or card issued by
another state or country that indicates an occupant of the
vehicle is disabled, entitles the vehicle on or in which it is
displayed and being used to transport the disabled person to
the same overtime parking privileges granted under this
chapter to a vehicle with a similar special license plate or
card issued by this state. [1991 c 339 § 26; 1984 c 51 § 2.]
unless such vehicle displays, in accordance with regulations
adopted by the parks and recreation commission, a special
winter recreational area parking permit or permits. [1990 c
49 § 4; 1975 1st ex.s. c 209 § 5.]
Severability—1975 1st ex.s. c 209: See note following RCW
79A.05.225.
Winter recreational parking areas: RCW 79A.05.225 through 79A.05.255.
46.61.587 Winter recreational parking areas—
Penalty. Any violation of RCW 79A.05.240 or 46.61.585
or any rule adopted by the parks and recreation commission
to enforce the provisions thereof is a civil infraction as
provided in chapter 7.84 RCW. [1999 c 249 § 501; 1984 c
258 § 329; 1977 c 57 § 1; 1975 1st ex.s. c 209 § 6.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1999 c 249: See note following RCW 79A.05.010.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Severability—1975 1st ex.s. c 209: See note following RCW
79A.05.225.
46.61.590 Unattended motor vehicle—Removal
from highway. It is unlawful for the operator of a vehicle
to leave the vehicle unattended within the limits of any
highway unless the operator of the vehicle arranges for the
prompt removal of the vehicle. [1979 ex.s. c 178 § 1.]
Severability—1979 ex.s. c 178: "If any provision of this 1979 act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 178 § 23.]
Towing and impoundment: Chapter 46.55 RCW.
MISCELLANEOUS RULES
46.61.600 Unattended motor vehicle. (1) No person
driving or in charge of a motor vehicle shall permit it to
stand unattended without first stopping the engine, locking
the ignition, removing the key and effectively setting the
brake thereon and, when standing upon any perceptible
grade, turning the front wheels to the curb or side of the
highway.
(2) The most recent driver of a motor vehicle which the
driver has left standing unattended, who learns that the
vehicle has become set in motion and has struck another
vehicle or property, or has caused injury to any person, shall
comply with the requirements of:
(a) RCW 46.52.010 if his vehicle strikes an unattended
vehicle or property adjacent to a public highway; or
(b) RCW 46.52.020 if his vehicle causes damage to an
attended vehicle or other property or injury to any person.
(3) Any person failing to comply with subsection (2)(b)
of this section shall be subject to the sanctions set forth in
RCW 46.52.020. [1980 c 97 § 2; 1965 ex.s. c 155 § 68.]
Effective date—1980 c 97: See note following RCW 46.52.020.
46.61.585 Winter recreational parking areas—
Special permit required. Except when necessary to avoid
conflict with other traffic, or in compliance with law or the
directions of a police officer or official traffic control device,
no person shall park a vehicle in an area designated by an
official sign that it is a winter recreational parking area
[Title 46 RCW—page 218]
46.61.605 Limitations on backing. (1) The driver of
a vehicle shall not back the same unless such movement can
be made with safety and without interfering with other
traffic.
(2002 Ed.)
Rules of the Road
(2) The driver of a vehicle shall not back the same upon
any shoulder or roadway of any limited access highway.
[1965 ex.s. c 155 § 69.]
46.61.605
feet are placed on the same side of the motorcycle. [1967
c 232 § 7.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.606 Driving on sidewalk prohibited—
Exception. No person shall drive any vehicle upon a
sidewalk or sidewalk area except upon a permanent or duly
authorized temporary driveway. [1975 c 62 § 45.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.608 Operating motorcycles on roadways laned
for traffic. (1) All motorcycles are entitled to full use of a
lane and no motor vehicle shall be driven in such a manner
as to deprive any motorcycle of the full use of a lane. This
subsection shall not apply to motorcycles operated two
abreast in a single lane.
(2) The operator of a motorcycle shall not overtake and
pass in the same lane occupied by the vehicle being overtaken.
(3) No person shall operate a motorcycle between lanes
of traffic or between adjacent lines or rows of vehicles.
(4) Motorcycles shall not be operated more than two
abreast in a single lane.
(5) Subsections (2) and (3) of this section shall not
apply to police officers in the performance of their official
duties. [1975 c 62 § 46.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.610 Riding on motorcycles. A person operating a motorcycle shall ride only upon the permanent and
regular seat attached thereto, and such operator shall not
carry any other person nor shall any other person ride on a
motorcycle unless such motorcycle is designed to carry more
than one person, in which event a passenger may ride upon
the permanent and regular seat if designed for two persons,
or upon another seat firmly attached to the motorcycle at the
rear or side of the operator: PROVIDED, HOWEVER, That
the motorcycle must contain foot pegs, of a type approved
by the *equipment commission, for each person such
motorcycle is designed to carry. [1975 c 62 § 37; 1967 c
232 § 5; 1965 ex.s. c 155 § 70.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
*Reviser’s note: The duties of the commission on equipment were
transferred to the state patrol by 1987 c 330 (see RCW 46.37.005).
Severability—1975 c 62: See note following RCW 36.75.010.
Equipment regulations for motorcycles, motor-driven cycles, mopeds, or
electric-assisted bicycles: RCW 46.37.530, 46.37.535.
Mopeds: RCW 46.16.630, 46.61.710, 46.61.720.
46.61.611 Motorcycles—Maximum height for
handlebars. No person shall operate on a public highway
a motorcycle in which the handlebars or grips are more than
thirty inches higher than the seat or saddle for the operator.
[1999 c 275 § 1; 1967 c 232 § 6.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.612 Riding on motorcycles—Position of feet.
No person shall ride a motorcycle in a position where both
(2002 Ed.)
46.61.613 Motorcycles—Temporary suspension of
restrictions for parades or public demonstrations. The
provisions of RCW 46.37.530 and 46.61.610 through
46.61.612 may be temporarily suspended by the chief of the
Washington state patrol, or his designee, with respect to the
operation of motorcycles within their respective jurisdictions
in connection with a parade or public demonstration. [1967
c 232 § 8.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.614 Riding on motorcycles—Clinging to other
vehicles. No person riding upon a motorcycle shall attach
himself or the motorcycle to any other vehicle on a roadway.
[1975 c 62 § 47.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.615 Obstructions to driver’s view or driving
mechanism. (1) No person shall drive a vehicle when it is
so loaded, or when there are in the front seat such a number
of persons, exceeding three, as to obstruct the view of the
driver to the front or sides of the vehicle or as to interfere
with the driver’s control over the driving mechanism of the
vehicle.
(2) No passenger in a vehicle shall ride in such position
as to interfere with the driver’s view ahead or to the sides,
or to interfere with his control over the driving mechanism
of the vehicle. [1965 ex.s. c 155 § 71.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.620 Opening and closing vehicle doors. No
person shall open the door of a motor vehicle on the side
adjacent to moving traffic unless and until it is reasonably
safe to do so, and can be done without interfering with the
movement of other traffic, nor shall any person leave a door
open on the side of a vehicle adjacent to moving traffic for
a period of time longer than necessary to load or unload
passengers. [1965 ex.s. c 155 § 72.]
46.61.625 Riding in trailers or towed vehicles. (1)
No person or persons shall occupy any trailer while it is
being moved upon a public highway, except a person
occupying a proper position for steering a trailer designed to
be steered from a rear-end position.
(2) No person or persons may occupy a vehicle while it
is being towed by a tow truck as defined in RCW 46.55.010.
[1999 c 398 § 9; 1995 c 360 § 10; 1965 ex.s. c 155 § 73.]
46.61.630 Coasting prohibited. (1) The driver of any
motor vehicle when traveling upon a down grade shall not
coast with the gears of such vehicle in neutral.
(2) The driver of a commercial motor vehicle when
traveling upon a down grade shall not coast with the clutch
disengaged. [1965 ex.s. c 155 § 74.]
[Title 46 RCW—page 219]
46.61.635
Title 46 RCW: Motor Vehicles
46.61.635 Following fire apparatus prohibited. The
driver of any vehicle other than one on official business shall
not follow any fire apparatus traveling in response to a fire
alarm closer than five hundred feet or stop such vehicle
within five hundred feet of any fire apparatus stopped in answer to a fire alarm. [1975 c 62 § 38; 1965 ex.s. c 155 §
75.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.640 Crossing fire hose. No vehicle shall be
driven over any unprotected hose of a fire department when
laid down on any street, or private driveway, to be used at
any fire or alarm of fire, without the consent of the fire
department official in command. [1965 ex.s. c 155 § 76.]
46.61.645 Throwing dangerous materials on highway prohibited—Removal. (1) No person shall throw or
deposit upon any highway any glass bottle, glass, nails,
tacks, wire, cans or any other substance likely to injure any
person, animal or vehicle upon such highway.
(2) Any person who drops, or permits to be dropped or
thrown, upon any highway any destructive or injurious
material shall immediately remove the same or cause it to be
removed.
(3) Any person removing a wrecked or damaged vehicle
from a highway shall remove any glass or other injurious
substance dropped upon the highway from such vehicle.
[1965 ex.s. c 155 § 77.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Lighted material, disposal of: RCW 76.04.455.
Littering: Chapter 70.93 RCW.
46.61.655 Dropping load, other materials—
Covering. (1) No vehicle shall be driven or moved on any
public highway unless such vehicle is so constructed or
loaded as to prevent any of its load from dropping, sifting,
leaking, or otherwise escaping therefrom, except that sand
may be dropped for the purpose of securing traction. Any
person operating a vehicle from which any glass or objects
have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon
such public highway shall immediately cause the public
highway to be cleaned of all such glass or objects and shall
pay any costs therefor.
(2) No person may operate on any public highway any
vehicle with any load unless the load and such covering as
required thereon by subsection (3) of this section is securely
fastened to prevent the covering or load from becoming
loose, detached, or in any manner a hazard to other users of
the highway.
(3) Any vehicle operating on a paved public highway
with a load of dirt, sand, or gravel susceptible to being
dropped, spilled, leaked, or otherwise escaping therefrom
shall be covered so as to prevent spillage. Covering of such
loads is not required if six inches of freeboard is maintained
within the bed.
(4) Any vehicle with deposits of mud, rocks, or other
debris on the vehicle’s body, fenders, frame, undercarriage,
wheels, or tires shall be cleaned of such material before the
operation of the vehicle on a paved public highway.
[Title 46 RCW—page 220]
(5) The state patrol may make necessary rules to carry
into effect the provisions of this section, applying such
provisions to specific conditions and loads and prescribing
means, methods, and practices to effectuate such provisions.
(6) Nothing in this section may be construed to prohibit
a public maintenance vehicle from dropping sand on a
highway to enhance traction, or sprinkling water or other
substances to clean or maintain a highway. [1990 c 250 §
56; 1986 c 89 § 1; 1971 ex.s. c 307 § 22; 1965 ex.s. c 52 §
1; 1961 c 12 § 46.56.135. Prior: 1947 c 200 § 3, part; 1937
c 189 § 44, part; Rem. Supp. 1947 § 6360-44, part. Formerly RCW 46.56.135.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—1971 ex.s. c 307: See RCW 70.93.900.
Littering: Chapter 70.93 RCW.
Transporting waste to landfills: RCW 70.93.097.
46.61.660 Carrying persons or animals on outside
part of vehicle. It shall be unlawful for any person to
transport any living animal on the running board, fenders,
hood, or other outside part of any vehicle unless suitable
harness, cage or enclosure be provided and so attached as to
protect such animal from falling or being thrown therefrom.
It shall be unlawful for any person to transport any persons
upon the running board, fenders, hood or other outside part
of any vehicle, except that this provision shall not apply to
authorized emergency vehicles or to solid waste collection
vehicles that are engaged in collecting solid waste or
recyclables on route at speeds of twenty miles per hour or
less. [1997 c 190 § 1; 1961 c 12 § 46.56.070. Prior: 1937
c 189 § 115; RRS § 6360-115. Formerly RCW 46.56.070.]
46.61.665 Embracing another while driving. It shall
be unlawful for any person to operate a motor vehicle upon
the highways of this state when such person has in his or her
embrace another person which prevents the free and unhampered operation of such vehicle. Operation of a motor
vehicle in violation of this section is prima facie evidence of
reckless driving. [1979 ex.s. c 136 § 89; 1961 c 12 §
46.56.100. Prior: 1937 c 189 § 117; RRS § 6360-117; 1927
c 309 § 49; RRS § 6362-49. Formerly RCW 46.56.100.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.61.670 Driving with wheels off roadway. It shall
be unlawful to operate or drive any vehicle or combination
of vehicles over or along any pavement or gravel or crushed
rock surface on a public highway with one wheel or all of
the wheels off the roadway thereof, except as permitted by
RCW 46.61.428 or for the purpose of stopping off such
roadway, or having stopped thereat, for proceeding back onto
the pavement, gravel or crushed rock surface thereof. [1977
ex.s. c 39 § 2; 1961 c 12 § 46.56.130. Prior: 1937 c 189 §
96; RRS § 6360-96. Formerly RCW 46.56.130.]
46.61.675 Causing or permitting vehicle to be
unlawfully operated. It shall be unlawful for the owner, or
any other person, in employing or otherwise directing the
operator of any vehicle to require or knowingly to permit the
operation of such vehicle upon any public highway in any
(2002 Ed.)
Rules of the Road
manner contrary to the law. [1961 c 12 § 46.56.200. Prior:
1937 c 189 § 148; RRS § 6360-148. Formerly RCW
46.56.200.]
46.61.680 Lowering passenger vehicle below legal
clearance—Penalty. It is unlawful to operate any passenger
motor vehicle which has been modified from the original
design so that any portion of such passenger vehicle other
than the wheels has less clearance from the surface of a level
roadway than the clearance between the roadway and the
lowermost portion of any rim of any wheel the tire on which
is in contact with such roadway.
Violation of the provisions of this section is a traffic
infraction. [1979 ex.s. c 136 § 90; 1961 c 151 § 1. Formerly RCW 46.56.220.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.61.685 Leaving children unattended in standing
vehicle with motor running—Penalty. It is unlawful for
any person, while operating or in charge of a vehicle, to park
or willfully allow such vehicle to stand upon a public
highway or in a public place with its motor running, leaving
a minor child or children under the age of sixteen years
unattended in the vehicle.
Any person violating the provisions of this section is
guilty of a misdemeanor. Upon a second or subsequent
conviction for a violation of this section, the department
shall revoke the operator’s license of such person. [1990 c
250 § 57; 1961 c 151 § 2. Formerly RCW 46.56.230.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Severability—1990 c 250: See note following RCW 46.16.301.
Leaving children unattended in parked automobile while entering tavern,
etc.: RCW 9.91.060.
46.61.687 Child passenger restraint required—
Conditions—Exceptions—Penalty for violation—
Dismissal—Noncompliance not negligence. (1) Whenever
a child who is less than sixteen years of age is being
transported in a motor vehicle that is in operation and that is
required by RCW 46.37.510 to be equipped with a safety
belt system in a passenger seating position, the driver of the
vehicle shall keep the child properly restrained as follows:
(a) If the child is less than six years old and/or sixty
pounds and the passenger seating position equipped with a
safety belt system allows sufficient space for installation,
then the child will be restrained in a child restraint system
that complies with standards of the United States department
of transportation and that is secured in the vehicle in
accordance with instructions of the manufacturer of the child
restraint system;
(b) If the child is less than one year of age or weighs
less than twenty pounds, the child shall be properly restrained in a rear-facing infant seat;
(c) If the child is more than one but less than four years
of age or weighs less than forty pounds but at least twenty
pounds, the child shall be properly restrained in a forward
facing child safety seat restraint system;
(d) If the child is less than six but at least four years of
age or weighs less than sixty pounds but at least forty
(2002 Ed.)
46.61.675
pounds, the child shall be properly restrained in a child
booster seat;
(e) If the child is six years of age or older or weighs
more than sixty pounds, the child shall be properly restrained
with the motor vehicle’s safety belt properly adjusted and
fastened around the child’s body or an appropriately fitting
booster seat; and
(f) Enforcement of (a) through (e) of this subsection is
subject to a visual inspection by law enforcement to determine if the child restraint system in use is appropriate for the
child’s individual height, weight, and age. The visual
inspection for usage of a forward facing child safety seat
must ensure that the seat in use is equipped with a four-point
shoulder harness system. The visual inspection for usage of
a booster seat must ensure that the seat belt properly fits
across the child’s lap and the shoulder strap crosses the
center of the child’s chest. The visual inspection for the
usage of a seat belt by a child must ensure that the lap belt
properly fits across the child’s lap and the shoulder strap
crosses the center of the child’s chest. In determining
violations, consideration to the above criteria must be given
in conjunction with the provisions of (a) through (e) of this
subsection. The driver of a vehicle transporting a child who
is under the age of six years old or weighs less than sixty
pounds, when the vehicle is equipped with a passenger side
air bag supplemental restraint system, and the air bag system
is activated, shall transport the child in the back seat positions in the vehicle where it is practical to do so.
(2) A person violating subsection (1)(a) through (e) of
this section may be issued a notice of traffic infraction under
chapter 46.63 RCW. If the person to whom the notice was
issued presents proof of acquisition of an approved child
passenger restraint system or a child booster seat, as appropriate, within seven days to the jurisdiction issuing the notice
and the person has not previously had a violation of this
section dismissed, the jurisdiction shall dismiss the notice of
traffic infraction.
(3) Failure to comply with the requirements of this
section shall not constitute negligence by a parent or legal
guardian; nor shall failure to use a child restraint system be
admissible as evidence of negligence in any civil action.
(4) This section does not apply to: (a) For hire vehicles, (b) vehicles designed to transport sixteen or less
passengers, including the driver, operated by auto transportation companies, as defined in RCW 81.68.010, (c) vehicles
providing customer shuttle service between parking, convention, and hotel facilities, and airport terminals, and (d) school
buses.
(5) As used in this section "child booster seat" means a
child passenger restraint system that meets the Federal Motor
Vehicle Safety Standards set forth in 49 C.F.R. 571.213 that
is designed to elevate a child to properly sit in a federally
approved lap/shoulder belt system.
(6) The requirements of subsection (1)(a) through (e) of
this section do not apply in any seating position where there
is only a lap belt available and the child weighs more than
forty pounds. [2000 c 190 § 2; 1994 c 100 § 1; 1993 c 274
§ 1; 1987 c 330 § 745; 1983 c 215 § 2.]
Intent—2000 c 190: "The legislature recognizes that fewer than five
percent of all drivers use child booster seats for children over the age of
four years. The legislature also recognizes that seventy-one percent of
deaths resulting from car accidents could be eliminated if every child under
[Title 46 RCW—page 221]
46.61.687
Title 46 RCW: Motor Vehicles
the age of sixteen used an appropriate child safety seat, booster seat, or seat
belt. The legislature further recognizes the National Transportation Safety
Board’s recommendations that promote the use of booster seats to increase
the safety of children under eight years of age. Therefore, it is the
legislature’s intent to decrease deaths and injuries to children by promoting
safety education and injury prevention measures, as well as increasing
public awareness on ways to maximize the protection of children in
vehicles." [2000 c 190 § 1.]
Short title—2000 c 190: "This act may be known and cited as the
Anton Skeen Act." [2000 c 190 § 5.]
Effective date—2000 c 190: "This act takes effect July 1, 2002."
[2000 c 190 § 6.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1983 c 215: See note following RCW 46.37.505.
Standards for child passenger restraint systems: RCW 46.37.505.
46.61.688 Safety belts, use required—Penalties—
Exemptions. (1) For the purposes of this section, the term
"motor vehicle" includes:
(a) "Buses," meaning motor vehicles with motive power,
except trailers, designed to carry more than ten passengers;
(b) "Multipurpose passenger vehicles," meaning motor
vehicles with motive power, except trailers, designed to carry
ten persons or less that are constructed either on a truck
chassis or with special features for occasional off-road
operation;
(c) "Passenger cars," meaning motor vehicles with
motive power, except multipurpose passenger vehicles,
motorcycles, or trailers, designed for carrying ten passengers
or less; and
(d) "Trucks," meaning motor vehicles with motive
power, except trailers, designed primarily for the transportation of property.
(2) This section only applies to motor vehicles that meet
the manual seat belt safety standards as set forth in federal
motor vehicle safety standard 208. This section does not
apply to a vehicle occupant for whom no safety belt is
available when all designated seating positions as required
by federal motor vehicle safety standard 208 are occupied.
(3) Every person sixteen years of age or older operating
or riding in a motor vehicle shall wear the safety belt
assembly in a properly adjusted and securely fastened
manner.
(4) No person may operate a motor vehicle unless all
child passengers under the age of sixteen years are either:
(a) Wearing a safety belt assembly or (b) are securely
fastened into an approved child restraint device.
(5) A person violating this section shall be issued a
notice of traffic infraction under chapter 46.63 RCW. A
finding that a person has committed a traffic infraction under
this section shall be contained in the driver’s abstract but
shall not be available to insurance companies or employers.
(6) Failure to comply with the requirements of this
section does not constitute negligence, nor may failure to
wear a safety belt assembly be admissible as evidence of
negligence in any civil action.
(7) This section does not apply to an operator or
passenger who possesses written verification from a licensed
physician that the operator or passenger is unable to wear a
safety belt for physical or medical reasons.
(8) The state patrol may adopt rules exempting operators
or occupants of farm vehicles, construction equipment, and
[Title 46 RCW—page 222]
vehicles that are required to make frequent stops from the
requirement of wearing safety belts. [2002 c 328 § 2; (2002
c 328 § 1 expired July 1, 2002); 2000 c 190 § 3; 1990 c 250
§ 58; 1986 c 152 § 1.]
Expiration date—2002 c 328 § 1: "Section 1 of this act expires July
1, 2002." [2002 c 328 § 3.]
Effective date—2002 c 328 § 2: "Section 2 of this act takes effect
July 1, 2002." [2002 c 328 § 4.]
Intent—Short title—Effective date—2000 c 190: See notes
following RCW 46.61.687.
Severability—1990 c 250: See note following RCW 46.16.301.
Study of effectiveness—1986 c 152: "The traffic safety commission
shall undertake a study of the effectiveness of section 1 of this act and shall
report its finding to the legislative transportation committee by January 1,
1989." [1986 c 152 § 3.]
Physicians—Immunity from liability regarding safety belts: RCW 4.24.235.
Seat belts and shoulder harnesses, required equipment: RCW 46.37.510.
46.61.6885 Child restraints, seatbelts—Educational
campaign. The traffic safety commission shall conduct an
educational campaign using all available methods to raise
public awareness of the importance of properly restraining
child passengers and the value of seatbelts to adult motorists.
The traffic safety commission shall report to the transportation committees of the legislature on the campaign and
results observed on the highways. The first report is due
December 1, 2000, and annually thereafter. [2000 c 190 §
4.]
Intent—Short title—Effective date—2000 c 190: See notes
following RCW 46.61.687.
46.61.690 Violations relating to toll facilities. Any
person who uses a toll bridge, toll tunnel, toll road, or toll
ferry, and the approaches thereto, operated by the state of
Washington, the department of transportation, or any
political subdivision or municipal corporation empowered to
operate toll facilities, at the entrance to which appropriate
signs have been erected to notify both pedestrian and
vehicular traffic that it is entering a toll facility or its
approaches and is subject to the payment of tolls at the
designated station for collecting tolls, commits a traffic
infraction if:
(1) Such person refuses to pay, evades, or attempts to
evade the payment of such tolls, or uses or attempts to use
any spurious or counterfeit tickets, coupons, or tokens for
payment of any such tolls, or
(2) Such person turns, or attempts to turn, the vehicle
around in the bridge, tunnel, loading terminal, approach, or
toll plaza where signs have been erected forbidding such
turns, or
(3) Such person refuses to move a vehicle through the
toll gates after having come within the area where signs have
been erected notifying traffic that it is entering the area
where toll is collectible or where vehicles may not turn
around and where vehicles are required to pass through the
toll gates for the purpose of collecting tolls. [1983 c 247 §
1; 1979 ex.s. c 136 § 91; 1961 c 259 § 1. Formerly RCW
46.56.240.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1961 c 259: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
(2002 Ed.)
Rules of the Road
the act, or the application of the provision to other persons or circumstances
is not affected." [1961 c 259 § 2.]
46.61.700 Parent or guardian shall not authorize or
permit violation by a child or ward. The parent of any
child and the guardian of any ward shall not authorize or
knowingly permit any such child or ward to violate any of
the provisions of this chapter. [1965 ex.s. c 155 § 78.]
Reviser’s note: This section was enacted just before sections about
the operation of bicycles and play vehicles and was accordingly so codified
in 1965. Other sections enacted later have been codified under the numbers
remaining between RCW 46.61.700 and 46.61.750. The section appears in
the Uniform Vehicle Code (1962) as part of the first section of Article
XII—Operation of Bicycles and Play Vehicles.
Captions used herein, not part of the law: RCW 46.61.990.
Unlawful to allow unauthorized child or ward to drive: RCW 46.20.024.
46.61.710 Mopeds, EPAMDs, electric-assisted
bicycles—General requirements and operation. (1) No
person shall operate a moped upon the highways of this state
unless the moped has been assigned a moped registration
number and displays a moped permit in accordance with the
provisions of RCW 46.16.630.
(2) Notwithstanding any other provision of law, a
moped may not be operated on a bicycle path or trail,
bikeway, equestrian trail, or hiking or recreational trail.
(3) Operation of a moped, electric personal assistive
mobility device, or an electric-assisted bicycle on a fully
controlled limited access highway is unlawful. Operation of
a moped or an electric-assisted bicycle on a sidewalk is
unlawful.
(4) Removal of any muffling device or pollution control
device from a moped is unlawful.
(5) Subsections (1), (2), and (4) of this section do not
apply to electric-assisted bicycles. Electric-assisted bicycles
may have access to highways of the state to the same extent
as bicycles. Electric-assisted bicycles may be operated on a
multipurpose trail or bicycle lane, but local jurisdictions may
restrict or otherwise limit the access of electric-assisted
bicycles.
(6) A person operating an electric personal assistive
mobility device (EPAMD) shall obey all speed limits and
shall yield the right-of-way to pedestrians and humanpowered devices at all times. An operator must also give an
audible signal before overtaking and passing a pedestrian.
Except for the limitations of this subsection, persons operating an EPAMD have all the rights and duties of a pedestrian.
(7) The use of an EPAMD may be regulated in the
following circumstances:
(a) A municipality and the department of transportation
may prohibit the operation of an EPAMD on public highways within their respective jurisdictions where the speed
limit is greater than twenty-five miles per hour;
(b) A municipality may restrict the speed of an EPAMD
in locations with congested pedestrian or nonmotorized
traffic and where there is significant speed differential
between pedestrians or nonmotorized traffic and EPAMD
operators. The areas in this subsection must be designated
by the city engineer or designee of the municipality.
Municipalities shall not restrict the speed of an EPAMD in
the entire community or in areas in which there is infrequent
pedestrian traffic;
(2002 Ed.)
46.61.690
(c) A state agency or local government may regulate the
operation of an EPAMD within the boundaries of any area
used for recreation, open space, habitat, trails, or conservation purposes. [2002 c 247 § 7; 1997 c 328 § 5; 1979 ex.s.
c 213 § 8.]
Legislative review—2002 c 247: See note following RCW
46.04.1695.
46.61.720 Mopeds—Safety standards. Mopeds shall
comply with those federal motor vehicle safety standards
established under the national traffic vehicle safety act of
1966 (15 U.S.C. Sec. 1381, et. seq.) which are applicable to
a motor-driven cycle, as that term is defined in such federal
standards. [1979 ex.s. c 213 § 9.]
Mopeds
drivers’ licenses, motorcycle endorsement, moped exemption: RCW
46.20.500.
registration: RCW 46.16.630.
46.61.730 Wheelchair conveyances. (1) No person
may operate a wheelchair conveyance on any public roadway
with a posted speed limit in excess of thirty-five miles per
hour.
(2) No person other than a wheelchair-bound person
may operate a wheelchair conveyance on a public roadway.
(3) Every wheelchair-bound person operating a wheelchair conveyance upon a roadway is granted all the rights
and is subject to all the duties applicable to the driver of a
vehicle by this chapter, except those provisions that by their
nature can have no application.
(4) A violation of this section is a traffic infraction.
[1983 c 200 § 5.]
Severability—1983 c 200: See note following RCW 46.04.710.
Wheelchair conveyances
definitions: RCW 46.04.710.
licensing: RCW 46.16.640.
operator’s license: RCW 46.20.109.
safety standards: RCW 46.37.610.
46.61.740 Theft of motor vehicle fuel. (1) Any
person who refuses to pay or evades payment for motor
vehicle fuel that is pumped into a motor vehicle is guilty of
theft of motor vehicle fuel. A violation of this subsection is
a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) The court shall order the department to suspend the
person’s license, permit, or nonresident privilege to drive for
a period specified by the court of up to six months. [2001
c 325 § 1.]
OPERATION OF NONMOTORIZED VEHICLES
46.61.750 Effect of regulations—Penalty. (1) It is a
traffic infraction for any person to do any act forbidden or
fail to perform any act required in RCW 46.61.750 through
46.61.780.
(2) These regulations applicable to bicycles apply
whenever a bicycle is operated upon any highway or upon
any bicycle path, subject to those exceptions stated herein.
[1982 c 55 § 6; 1979 ex.s. c 136 § 92; 1965 ex.s. c 155 §
79.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
[Title 46 RCW—page 223]
46.61.750
Title 46 RCW: Motor Vehicles
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Bicycle awareness program: RCW 43.43.390.
"Bicycle" defined: RCW 46.04.071.
46.61.755 Traffic laws apply to persons riding
bicycles. (1) Every person riding a bicycle upon a roadway
shall be granted all of the rights and shall be subject to all
of the duties applicable to the driver of a vehicle by this
chapter, except as to special regulations in RCW 46.61.750
through 46.61.780 and except as to those provisions of this
chapter which by their nature can have no application.
(2) Every person riding a bicycle upon a sidewalk or
crosswalk must be granted all of the rights and is subject to
all of the duties applicable to a pedestrian by this chapter.
[2000 c 85 § 3; 1965 ex.s. c 155 § 80.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.758 Hand signals. All hand signals required of
persons operating bicycles shall be given in the following
manner:
(1) Left turn. Left hand and arm extended horizontally
beyond the side of the bicycle;
(2) Right turn. Left hand and arm extended upward
beyond the side of the bicycle, or right hand and arm
extended horizontally to the right side of the bicycle;
(3) Stop or decrease speed. Left hand and arm extended
downward beyond the side of the bicycle.
The hand signals required by this section shall be given
before initiation of a turn. [1982 c 55 § 8.]
(2) Persons riding bicycles upon a roadway shall not
ride more than two abreast except on paths or parts of
roadways set aside for the exclusive use of bicycles. [1982
c 55 § 7; 1974 ex.s. c 141 § 14; 1965 ex.s. c 155 § 83.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Use of bicycles on limited-access highways: RCW 46.61.160.
46.61.775 Carrying articles. No person operating a
bicycle shall carry any package, bundle or article which
prevents the driver from keeping at least one hand upon the
handle bars. [1965 ex.s. c 155 § 84.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.780 Lamps and other equipment on bicycles.
(1) Every bicycle when in use during the hours of darkness
as defined in RCW 46.37.020 shall be equipped with a lamp
on the front which shall emit a white light visible from a
distance of at least five hundred feet to the front and with a
red reflector on the rear of a type approved by the state
patrol which shall be visible from all distances up to six
hundred feet to the rear when directly in front of lawful
lower beams of head lamps on a motor vehicle. A lamp
emitting a red light visible from a distance of five hundred
feet to the rear may be used in addition to the red reflector.
A light-emitting diode flashing taillight visible from a
distance of five hundred feet to the rear may also be used in
addition to the red reflector.
(2) Every bicycle shall be equipped with a brake which
will enable the operator to make the braked wheels skid on
dry, level, clean pavement. [1998 c 165 § 17; 1987 c 330
§ 746; 1975 c 62 § 39; 1965 ex.s. c 155 § 85.]
46.61.760 Riding on bicycles. (1) A person propelling a bicycle shall not ride other than upon or astride a
permanent and regular seat attached thereto.
(2) No bicycle shall be used to carry more persons at
one time than the number for which it is designed and
equipped. [1965 ex.s. c 155 § 81.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Short title—1998 c 165: See note following RCW 43.59.010.
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1975 c 62: See note following RCW 36.75.010.
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.790 Intoxicated bicyclists. (1) A law enforcement officer may offer to transport a bicycle rider who
appears to be under the influence of alcohol or any drug and
who is walking or moving along or within the right of way
of a public roadway, unless the bicycle rider is to be taken
into protective custody under RCW 70.96A.120. The law
enforcement officer offering to transport an intoxicated
bicycle rider under this section shall:
(a) Transport the intoxicated bicycle rider to a safe
place; or
(b) Release the intoxicated bicycle rider to a competent
person.
(2) The law enforcement officer shall not provide the
assistance offered if the bicycle rider refuses to accept it.
No suit or action may be commenced or prosecuted against
the law enforcement officer, law enforcement agency, the
state of Washington, or any political subdivision of the state
for any act resulting from the refusal of the bicycle rider to
accept this assistance.
(3) The law enforcement officer may impound the
bicycle operated by an intoxicated bicycle rider if the officer
determines that impoundment is necessary to reduce a threat
to public safety, and there are no reasonable alternatives to
impoundment. The bicyclist will be given a written notice
46.61.765 Clinging to vehicles. No person riding
upon any bicycle, coaster, roller skates, sled or toy vehicle
shall attach the same or himself to any vehicle upon a
roadway. [1965 ex.s. c 155 § 82.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.770 Riding on roadways and bicycle paths.
(1) Every person operating a bicycle upon a roadway at a
rate of speed less than the normal flow of traffic at the
particular time and place shall ride as near to the right side
of the right through lane as is safe except as may be appropriate while preparing to make or while making turning
movements, or while overtaking and passing another bicycle
or vehicle proceeding in the same direction. A person
operating a bicycle upon a roadway or highway other than
a limited-access highway, which roadway or highway carries
traffic in one direction only and has two or more marked
traffic lanes, may ride as near to the left side of the left
through lane as is safe. A person operating a bicycle upon
a roadway may use the shoulder of the roadway or any
specially designated bicycle lane if such exists.
[Title 46 RCW—page 224]
(2002 Ed.)
Rules of the Road
of when and where the impounded bicycle may be reclaimed. The bicycle may be reclaimed by the bicycle rider
when the bicycle rider no longer appears to be intoxicated,
or by an individual who can establish ownership of the
bicycle. The bicycle must be returned without payment of
a fee. If the bicycle is not reclaimed within thirty days, it
will be subject to sale or disposal consistent with agency
procedures. [2000 c 85 § 4.]
46.61.990 Recodification of sections—Organization
of chapter—Construction. Sections 1 through 52 and 54
through 86 of chapter 155, Laws of 1965 ex. sess. are added
to chapter 12, Laws of 1961 and shall constitute a new
chapter in Title 46 of the Revised Code of Washington and
sections 54, 55, and 63 as herein amended and RCW
46.48.012, 46.48.014, 46.48.015, 46.48.016, 46.48.023,
46.48.025, 46.48.026, 46.48.041, 46.48.046, 46.48.050,
46.48.060, 46.48.080, 46.48.110, 46.48.120, 46.48.150,
46.48.160, 46.48.340, 46.56.030, 46.56.070, 46.56.100,
46.56.130, 46.56.135, 46.56.190, 46.56.200, 46.56.210,
46.56.220, 46.56.230, 46.56.240, 46.60.260, 46.60.270,
46.60.330, and 46.60.340 shall be recodified as and be a part
of said chapter. The sections of the new chapter shall be
organized under the following captions: "OBEDIENCE TO
AND EFFECT OF TRAFFIC LAWS", "TRAFFIC SIGNS,
SIGNALS AND MARKINGS", "DRIVING ON RIGHT
SIDE OF ROADWAY—OVERTAKING AND PASSING—
USE OF ROADWAY", "RIGHT OF WAY",
"PEDESTRIANS’ RIGHTS AND DUTIES", "TURNING
AND STARTING AND SIGNALS ON STOPPING AND
TURNING", "SPECIAL STOPS REQUIRED", "SPEED
RESTRICTIONS", "RECKLESS DRIVING, DRIVING
WHILE UNDER THE INFLUENCE OF INTOXICATING
LIQUOR OR ANY DRUG, AND NEGLIGENT HOMICIDE
BY VEHICLE", "STOPPING, STANDING AND PARKING", "MISCELLANEOUS RULES", and "OPERATION
OF NONMOTORIZED VEHICLES". Such captions shall
not constitute any part of the law. [1991 c 290 § 5; 1991 c
214 § 3; 1965 ex.s. c 155 § 92.]
Reviser’s note: This section was amended by 1991 c 214 § 3 and by
1991 c 290 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
46.61.991 Severability—1965 ex.s. c 155. If any
provision of this amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or
circumstances is not affected. [1965 ex.s. c 155 § 93.]
Chapter 46.63
DISPOSITION OF TRAFFIC INFRACTIONS
Sections
46.63.010
46.63.020
46.63.030
46.63.040
46.63.050
46.63.060
(2002 Ed.)
Legislative intent.
Violations as traffic infractions—Exceptions.
Notice of traffic infraction—Issuance—Abandoned vehicles.
Jurisdiction of courts—Jurisdiction of college and university
governing bodies.
Training of judicial officers.
Notice of traffic infraction—Determination final unless
contested—Form.
46.61.790
46.63.070
Response to notice—Contesting determination—Hearing—
Failure to respond or appear.
46.63.080 Hearings—Rules of procedure—Counsel.
46.63.090 Hearings—Contesting determination that infraction committed—Appeal.
46.63.100 Hearings—Explanation of mitigating circumstances.
46.63.110 Monetary penalties.
46.63.120 Order of court—Civil nature—Waiver, reduction, suspension
of penalty—Community restitution.
46.63.130 Issue of process by court of limited jurisdiction.
46.63.140 Presumption regarding stopped, standing, or parked vehicles.
46.63.151 Costs and attorney fees.
Traffic and civil infraction cases involving juveniles under age sixteen:
RCW 13.40.250.
46.63.010 Legislative intent. It is the legislative
intent in the adoption of this chapter in decriminalizing
certain traffic offenses to promote the public safety and
welfare on public highways and to facilitate the implementation of a uniform and expeditious system for the disposition
of traffic infractions. [1979 ex.s. c 136 § 1.]
Effective date—1979 ex.s. c 136: "The provisions of chapter 136,
Laws of 1979 ex. sess. and this 1980 act shall take effect on January 1,
1981, and shall apply to violations of the traffic laws committed on or after
January 1, 1981." [1980 c 128 § 9; 1979 ex.s. c 136 § 111.]
Severability—1979 ex.s. c 136: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 136 § 110.]
46.63.020 Violations as traffic infractions—
Exceptions. Failure to perform any act required or the
performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance,
regulation, or resolution relating to traffic including parking,
standing, stopping, and pedestrian offenses, is designated as
a traffic infraction and may not be classified as a criminal
offense, except for an offense contained in the following
provisions of this title or a violation of an equivalent
administrative regulation or local law, ordinance, regulation,
or resolution:
(1) RCW 46.09.120(2) relating to the operation of a
nonhighway vehicle while under the influence of intoxicating
liquor or a controlled substance;
(2) RCW 46.09.130 relating to operation of nonhighway
vehicles;
(3) RCW 46.10.090(2) relating to the operation of a
snowmobile while under the influence of intoxicating liquor
or narcotics or habit-forming drugs or in a manner endangering the person of another;
(4) RCW 46.10.130 relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW relating to certificates of
ownership and registration and markings indicating that a
vehicle has been destroyed or declared a total loss;
(6) RCW 46.16.010 relating to initial registration of
motor vehicles;
(7) RCW 46.16.011 relating to permitting unauthorized
persons to drive;
(8) RCW 46.16.160 relating to vehicle trip permits;
(9) RCW 46.16.381(2) relating to knowingly providing
false information in conjunction with an application for a
special placard or license plate for disabled persons’ parking;
(10) RCW 46.20.005 relating to driving without a valid
driver’s license;
[Title 46 RCW—page 225]
46.63.020
Title 46 RCW: Motor Vehicles
(11) RCW 46.20.091 relating to false statements
regarding a driver’s license or instruction permit;
(12) RCW 46.20.0921 relating to the unlawful possession and use of a driver’s license;
(13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
(14) RCW 46.20.345 relating to the operation of a
motor vehicle with a suspended or revoked license;
(15) RCW 46.20.410 relating to the violation of restrictions of an occupational driver’s license;
(16) RCW 46.20.740 relating to operation of a motor
vehicle without an ignition interlock device in violation of a
license notation that the device is required;
(17) RCW 46.20.750 relating to assisting another person
to start a vehicle equipped with an ignition interlock device;
(18) RCW 46.25.170 relating to commercial driver’s
licenses;
(19) Chapter 46.29 RCW relating to financial responsibility;
(20) RCW 46.30.040 relating to providing false evidence of financial responsibility;
(21) RCW 46.37.435 relating to wrongful installation of
sunscreening material;
(22) RCW 46.44.180 relating to operation of mobile
home pilot vehicles;
(23) RCW 46.48.175 relating to the transportation of
dangerous articles;
(24) RCW 46.52.010 relating to duty on striking an
unattended car or other property;
(25) RCW 46.52.020 relating to duty in case of injury
to or death of a person or damage to an attended vehicle;
(26) RCW 46.52.090 relating to reports by repairmen,
storagemen, and appraisers;
(27) RCW 46.52.130 relating to confidentiality of the
driving record to be furnished to an insurance company, an
employer, and an alcohol/drug assessment or treatment
agency;
(28) RCW 46.55.020 relating to engaging in the
activities of a registered tow truck operator without a
registration certificate;
(29) RCW 46.55.035 relating to prohibited practices by
tow truck operators;
(30) RCW 46.61.015 relating to obedience to police
officers, flaggers, or fire fighters;
(31) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
(32) RCW 46.61.022 relating to failure to stop and give
identification to an officer;
(33) RCW 46.61.024 relating to attempting to elude
pursuing police vehicles;
(34) RCW 46.61.500 relating to reckless driving;
(35) RCW 46.61.502 and 46.61.504 relating to persons
under the influence of intoxicating liquor or drugs;
(36) RCW 46.61.503 relating to a person under age
twenty-one driving a motor vehicle after consuming alcohol;
(37) RCW 46.61.520 relating to vehicular homicide by
motor vehicle;
(38) RCW 46.61.522 relating to vehicular assault;
(39) RCW 46.61.5249 relating to first degree negligent
driving;
(40) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
[Title 46 RCW—page 226]
(41) RCW 46.61.530 relating to racing of vehicles on
highways;
(42) RCW 46.61.685 relating to leaving children in an
unattended vehicle with the motor running;
(43) RCW 46.61.740 relating to theft of motor vehicle
fuel;
(44) RCW 46.64.010 relating to unlawful cancellation
of or attempt to cancel a traffic citation;
(45) RCW 46.64.048 relating to attempting, aiding,
abetting, coercing, and committing crimes;
(46) Chapter 46.65 RCW relating to habitual traffic
offenders;
(47) RCW 46.68.010 relating to false statements made
to obtain a refund;
(48) Chapter 46.70 RCW relating to unfair motor
vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;
(49) Chapter 46.72 RCW relating to the transportation
of passengers in for hire vehicles;
(50) RCW 46.72A.060 relating to limousine carrier
insurance;
(51) RCW 46.72A.070 relating to operation of a
limousine without a vehicle certificate;
(52) RCW 46.72A.080 relating to false advertising by
a limousine carrier;
(53) Chapter 46.80 RCW relating to motor vehicle
wreckers;
(54) Chapter 46.82 RCW relating to driver’s training
schools;
(55) RCW 46.87.260 relating to alteration or forgery of
a cab card, letter of authority, or other temporary authority
issued under chapter 46.87 RCW;
(56) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.
[2001 c 325 § 4; 1999 c 86 § 6; 1998 c 294 § 3. Prior:
1997 c 229 § 13; 1997 c 66 § 8; prior: 1996 c 307 § 6;
1996 c 287 § 7; 1996 c 93 § 3; 1996 c 87 § 21; 1996 c 31
§ 3; prior: 1995 1st sp.s. c 16 § 1; 1995 c 332 § 16; 1995
c 256 § 25; prior: 1994 c 275 § 33; 1994 c 141 § 2; 1993
c 501 § 8; 1992 c 32 § 4; 1991 c 339 § 27; prior: 1990 c
250 § 59; 1990 c 95 § 3; prior: 1989 c 353 § 8; 1989 c 178
§ 27; 1989 c 111 § 20; prior: 1987 c 388 § 11; 1987 c 247
§ 6; 1987 c 244 § 55; 1987 c 181 § 2; 1986 c 186 § 3;
prior: 1985 c 377 § 28; 1985 c 353 § 2; 1985 c 302 § 7;
1983 c 164 § 6; 1982 c 10 § 12; prior: 1981 c 318 § 2;
1981 c 19 § 1; 1980 c 148 § 7; 1979 ex.s. c 136 § 2.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Effective date—1995 1st sp.s. c 16: "This act shall take effect
September 1, 1995." [1995 1st sp.s. c 16 § 2.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Effective date—1994 c 141: See note following RCW 46.61.527.
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—Effective date—1989 c 353: See RCW 46.30.900 and
46.30.901.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Severability—1987 c 388: See note following RCW 46.20.342.
Effective dates—1987 c 244: See note following RCW 46.12.020.
(2002 Ed.)
Disposition of Traffic Infractions
Severability—Effective date—1985 c 377: See RCW 46.55.900 and
46.55.902.
Severability—1982 c 10: See note following RCW 6.13.080.
Severability—1981 c 19: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 19 § 7.]
Effective date—1980 c 148: See note following RCW 46.10.090.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.030 Notice of traffic infraction—Issuance—
Abandoned vehicles. (1) A law enforcement officer has the
authority to issue a notice of traffic infraction:
(a) When the infraction is committed in the officer’s
presence;
(b) When the officer is acting upon the request of a law
enforcement officer in whose presence the traffic infraction
was committed; or
(c) If an officer investigating at the scene of a motor
vehicle accident has reasonable cause to believe that the
driver of a motor vehicle involved in the accident has
committed a traffic infraction.
(2) A court may issue a notice of traffic infraction upon
receipt of a written statement of the officer that there is
reasonable cause to believe that an infraction was committed.
(3) If any motor vehicle without a driver is found
parked, standing, or stopped in violation of this title or an
equivalent administrative regulation or local law, ordinance,
regulation, or resolution, the officer finding the vehicle shall
take its registration number and may take any other information displayed on the vehicle which may identify its user,
and shall conspicuously affix to the vehicle a notice of
traffic infraction.
(4) In the case of failure to redeem an abandoned
vehicle under RCW 46.55.120, upon receiving a complaint
by a registered tow truck operator that has incurred costs in
removing, storing, and disposing of an abandoned vehicle, an
officer of the law enforcement agency responsible for
directing the removal of the vehicle shall send a notice of
infraction by certified mail to the last known address of the
person responsible under RCW 46.55.105. The notice must
be entitled "Littering—Abandoned Vehicle" and give notice
of the monetary penalty. The officer shall append to the
notice of infraction, on a form prescribed by the department
of licensing, a notice indicating the amount of costs incurred
as a result of removing, storing, and disposing of the
abandoned vehicle, less any amount realized at auction, and
a statement that monetary penalties for the infraction will not
be considered as having been paid until the monetary penalty
payable under this chapter has been paid and the court is
satisfied that the person has made restitution in the amount
of the deficiency remaining after disposal of the vehicle.
[2002 c 279 § 14; 1995 c 219 § 5; 1994 c 176 § 3; 1987 c
66 § 2; 1980 c 128 § 10; 1979 ex.s. c 136 § 3.]
Effective date—Severability—1980 c 128: See notes following
RCW 46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.040 Jurisdiction of courts—Jurisdiction of
college and university governing bodies. (1) All violations
(2002 Ed.)
46.63.020
of state law, local law, ordinance, regulation, or resolution
designated as traffic infractions in RCW 46.63.020 may be
heard and determined by a district court, except as otherwise
provided in this section.
(2) Any municipal court has the authority to hear and
determine traffic infractions pursuant to this chapter.
(3) Any city or town with a municipal court may
contract with the county to have traffic infractions committed
within the city or town adjudicated by a district court.
(4) District court commissioners have the authority to
hear and determine traffic infractions pursuant to this
chapter.
(5) Any district or municipal court may refer juveniles
age sixteen or seventeen who are enrolled in school to a
youth court, as defined in RCW 3.72.005 or 13.40.020, for
traffic infractions.
(6) The boards of regents of the state universities, and
the boards of trustees of the regional universities and of The
Evergreen State College have the authority to hear and
determine traffic infractions under RCW 28B.10.560. [2002
c 237 § 20; 1984 c 258 § 137; 1983 c 221 § 2; 1979 ex.s. c
136 § 6.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.050 Training of judicial officers. All judges
and court commissioners adjudicating traffic infractions shall
complete such training requirements as are promulgated by
the supreme court. [1979 ex.s. c 136 § 7.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.060
Notice of traffic infraction—
Determination final unless contested—Form. (1) A notice
of traffic infraction represents a determination that an infraction has been committed. The determination will be
final unless contested as provided in this chapter.
(2) The form for the notice of traffic infraction shall be
prescribed by rule of the supreme court and shall include the
following:
(a) A statement that the notice represents a determination that a traffic infraction has been committed by the
person named in the notice and that the determination shall
be final unless contested as provided in this chapter;
(b) A statement that a traffic infraction is a noncriminal
offense for which imprisonment may not be imposed as a
sanction; that the penalty for a traffic infraction may include
sanctions against the person’s driver’s license including
suspension, revocation, or denial; that the penalty for a
traffic infraction related to standing, stopping, or parking
may include nonrenewal of the vehicle license;
(c) A statement of the specific traffic infraction for
which the notice was issued;
(d) A statement of the monetary penalty established for
the traffic infraction;
(e) A statement of the options provided in this chapter
for responding to the notice and the procedures necessary to
exercise these options;
[Title 46 RCW—page 227]
46.63.060
Title 46 RCW: Motor Vehicles
(f) A statement that at any hearing to contest the
determination the state has the burden of proving, by a
preponderance of the evidence, that the infraction was
committed; and that the person may subpoena witnesses
including the officer who issued the notice of infraction;
(g) A statement that at any hearing requested for the
purpose of explaining mitigating circumstances surrounding
the commission of the infraction the person will be deemed
to have committed the infraction and may not subpoena
witnesses;
(h) A statement that the person must respond to the
notice as provided in this chapter within fifteen days or the
person’s driver’s license or driving privilege will be suspended by the department until any penalties imposed pursuant to
this chapter have been satisfied;
(i) A statement that failure to appear at a hearing
requested for the purpose of contesting the determination or
for the purpose of explaining mitigating circumstances will
result in the suspension of the person’s driver’s license or
driving privilege, or in the case of a standing, stopping, or
parking violation, refusal of the department to renew the
vehicle license, until any penalties imposed pursuant to this
chapter have been satisfied;
(j) A statement, which the person shall sign, that the
person promises to respond to the notice of infraction in one
of the ways provided in this chapter. [1993 c 501 § 9; 1984
c 224 § 2; 1982 1st ex.s. c 14 § 2; 1980 c 128 § 1; 1979
ex.s. c 136 § 8.]
Severability—Effective date—1984 c 224: See notes following
RCW 46.16.216.
Effective date—1982 1st ex.s. c 14: "This act shall take effect on
July 1, 1984, and shall apply to violations of traffic laws committed on or
after July 1, 1984." [1982 1st ex.s. c 14 § 7.]
Severability—1982 1st ex.s. c 14: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 14 § 6.]
Effective date—1980 c 128: "Sections 1 through 8 and 10 through
16 of this act shall take effect on January 1, 1981, and shall apply to
violations of the traffic laws committed on or after January 1, 1981.
Section 9 of this act is necessary for the immediate preservation of the
public peace, health, and safety, the support of the state government and its
existing public institutions, and shall take effect immediately." [1980 c 128
§ 18.]
Severability—1980 c 128: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 128 § 17.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.070 Response to notice—Contesting determination—Hearing—Failure to respond or appear. (1) Any
person who receives a notice of traffic infraction shall
respond to such notice as provided in this section within
fifteen days of the date of the notice.
(2) If the person determined to have committed the
infraction does not contest the determination the person shall
respond by completing the appropriate portion of the notice
of infraction and submitting it, either by mail or in person,
to the court specified on the notice. A check or money
order in the amount of the penalty prescribed for the
infraction must be submitted with the response. When a
response which does not contest the determination is
[Title 46 RCW—page 228]
received, an appropriate order shall be entered in the court’s
records, and a record of the response and order shall be
furnished to the department in accordance with RCW
46.20.270.
(3) If the person determined to have committed the
infraction wishes to contest the determination the person
shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail
or in person, to the court specified on the notice. The court
shall notify the person in writing of the time, place, and date
of the hearing, and that date shall not be sooner than seven
days from the date of the notice, except by agreement.
(4) If the person determined to have committed the
infraction does not contest the determination but wishes to
explain mitigating circumstances surrounding the infraction
the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and
submitting it, either by mail or in person, to the court
specified on the notice. The court shall notify the person in
writing of the time, place, and date of the hearing.
(5)(a) In hearings conducted pursuant to subsections (3)
and (4) of this section, the court may defer findings, or in a
hearing to explain mitigating circumstances may defer entry
of its order, for up to one year and impose conditions upon
the defendant the court deems appropriate. Upon deferring
findings, the court may assess costs as the court deems
appropriate for administrative processing. If at the end of
the deferral period the defendant has met all conditions and
has not been determined to have committed another traffic
infraction, the court may dismiss the infraction.
(b) A person may not receive more than one deferral
within a seven-year period for traffic infractions for moving
violations and more than one deferral within a seven-year
period for traffic infractions for nonmoving violations.
(6) If any person issued a notice of traffic infraction:
(a) Fails to respond to the notice of traffic infraction as
provided in subsection (2) of this section; or
(b) Fails to appear at a hearing requested pursuant to
subsection (3) or (4) of this section;
the court shall enter an appropriate order assessing the
monetary penalty prescribed for the traffic infraction and any
other penalty authorized by this chapter and shall notify the
department in accordance with RCW 46.20.270, of the
failure to respond to the notice of infraction or to appear at
a requested hearing. [2000 c 110 § 1; 1993 c 501 § 10;
1984 c 224 § 3; 1982 1st ex.s. c 14 § 3; 1980 c 128 § 2;
1979 ex.s. c 136 § 9.]
Severability—Effective date—1984 c 224: See notes following
RCW 46.16.216.
Effective date—Severability—1982 1st ex.s. c 14: See notes
following RCW 46.63.060.
Effective date—Severability—1980 c 128: See notes following
RCW 46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.080 Hearings—Rules of procedure—Counsel.
(1) Procedures for the conduct of all hearings provided for
in this chapter may be established by rule of the supreme
court.
(2) Any person subject to proceedings under this chapter
may be represented by counsel.
(2002 Ed.)
Disposition of Traffic Infractions
(3) The attorney representing the state, county, city, or
town may appear in any proceedings under this chapter but
need not appear, notwithstanding any statute or rule of court
to the contrary. [1981 c 19 § 2; 1979 ex.s. c 136 § 10.]
Severability—1981 c 19: See note following RCW 46.63.020.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.090 Hearings—Contesting determination that
infraction committed—Appeal. (1) A hearing held for the
purpose of contesting the determination that an infraction has
been committed shall be without a jury.
(2) The court may consider the notice of traffic infraction and any other written report made under oath submitted
by the officer who issued the notice or whose written
statement was the basis for the issuance of the notice in lieu
of the officer’s personal appearance at the hearing. The
person named in the notice may subpoena witnesses,
including the officer, and has the right to present evidence
and examine witnesses present in court.
(3) The burden of proof is upon the state to establish the
commission of the infraction by a preponderance of the
evidence.
(4) After consideration of the evidence and argument the
court shall determine whether the infraction was committed.
Where it has not been established that the infraction was
committed an order dismissing the notice shall be entered in
the court’s records. Where it has been established that the
infraction was committed an appropriate order shall be
entered in the court’s records. A record of the court’s
determination and order shall be furnished to the department
in accordance with RCW 46.20.270 as now or hereafter
amended.
(5) An appeal from the court’s determination or order
shall be to the superior court. The decision of the superior
court is subject only to discretionary review pursuant to Rule
2.3 of the Rules of Appellate Procedure. [1980 c 128 § 3;
1979 ex.s. c 136 § 11.]
Effective date—Severability—1980 c 128: See notes following
RCW 46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.100 Hearings—Explanation of mitigating
circumstances. (1) A hearing held for the purpose of
allowing a person to explain mitigating circumstances
surrounding the commission of an infraction shall be an
informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been
committed may not be contested at a hearing held for the
purpose of explaining mitigating circumstances.
(2) After the court has heard the explanation of the
circumstances surrounding the commission of the infraction
an appropriate order shall be entered in the court’s records.
A record of the court’s determination and order shall be
furnished to the department in accordance with RCW
46.20.270 as now or hereafter amended.
(3) There may be no appeal from the court’s determination or order. [1979 ex.s. c 136 § 12.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
(2002 Ed.)
46.63.080
46.63.110 Monetary penalties. (1) A person found
to have committed a traffic infraction shall be assessed a
monetary penalty. No penalty may exceed two hundred and
fifty dollars for each offense unless authorized by this
chapter or title.
(2) The monetary penalty for a violation of RCW
46.55.105(2) is two hundred fifty dollars for each offense.
No penalty assessed under this subsection (2) may be
reduced.
(3) The supreme court shall prescribe by rule a schedule
of monetary penalties for designated traffic infractions. This
rule shall also specify the conditions under which local
courts may exercise discretion in assessing fines and penalties for traffic infractions. The legislature respectfully
requests the supreme court to adjust this schedule every two
years for inflation.
(4) There shall be a penalty of twenty-five dollars for
failure to respond to a notice of traffic infraction except
where the infraction relates to parking as defined by local
law, ordinance, regulation, or resolution or failure to pay a
monetary penalty imposed pursuant to this chapter. A local
legislative body may set a monetary penalty not to exceed
twenty-five dollars for failure to respond to a notice of
traffic infraction relating to parking as defined by local law,
ordinance, regulation, or resolution. The local court, whether
a municipal, police, or district court, shall impose the
monetary penalty set by the local legislative body.
(5) Monetary penalties provided for in chapter 46.70
RCW which are civil in nature and penalties which may be
assessed for violations of chapter 46.44 RCW relating to
size, weight, and load of motor vehicles are not subject to
the limitation on the amount of monetary penalties which
may be imposed pursuant to this chapter.
(6) Whenever a monetary penalty is imposed by a court
under this chapter it is immediately payable. If the person
is unable to pay at that time the court may, in its discretion,
grant an extension of the period in which the penalty may be
paid. If the penalty is not paid on or before the time established for payment the court shall notify the department of
the failure to pay the penalty, and the department shall
suspend the person’s driver’s license or driving privilege
until the penalty has been paid and the penalty provided in
subsection (4) of this section has been paid.
(7) In addition to any other penalties imposed under this
section and not subject to the limitation of subsection (1) of
this section, a person found to have committed a traffic
infraction shall be assessed a fee of five dollars per infraction. Under no circumstances shall this fee be reduced or
waived. Revenue from this fee shall be forwarded to the
state treasurer for deposit in the emergency medical services
and trauma care system trust account under RCW
70.168.040.
(8)(a) In addition to any other penalties imposed under
this section and not subject to the limitation of subsection (1)
of this section, a person found to have committed a traffic
infraction other than of RCW 46.61.527 shall be assessed an
additional penalty of ten dollars. The court may not reduce,
waive, or suspend the additional penalty unless the court
finds the offender to be indigent. If a community restitution
program for offenders is available in the jurisdiction, the
[Title 46 RCW—page 229]
46.63.110
Title 46 RCW: Motor Vehicles
court shall allow offenders to offset all or a part of the
penalty due under this subsection (8) by participation in the
community restitution program.
(b) Revenue from the additional penalty must be
remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82, and
35.20 RCW. Money remitted under this subsection to the
state treasurer must be deposited as provided in RCW
43.08.250. The balance of the revenue received by the
county or city treasurer under this subsection must be
deposited into the county or city current expense fund.
Moneys retained by the city or county under this subsection
shall constitute reimbursement for any liabilities under RCW
43.135.060. [2002 c 279 § 15; 2002 c 175 § 36; 2001 c 289
§ 2; 1997 c 331 § 3; 1993 c 501 § 11; 1986 c 213 § 2; 1984
c 258 § 330. Prior: 1982 1st ex.s. c 14 § 4; 1982 1st ex.s.
c 12 § 1; 1982 c 10 § 13; prior: 1981 c 330 § 7; 1981 c 19
§ 6; 1980 c 128 § 4; 1979 ex.s. c 136 § 13.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Reviser’s note: This section was amended by 2002 c 175 § 36 and
by 2002 c 279 § 15, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective date—1997 c 331: See note following RCW 70.168.135.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Effective date—Severability—1982 1st ex.s. c 14: See notes
following RCW 46.63.060.
Severability—1982 c 10: See note following RCW 6.13.080.
Severability—1981 c 330: See note following RCW 3.62.060.
Severability—1981 c 19: See note following RCW 46.63.020.
Effective date—Severability—1980 c 128: See notes following
RCW 46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Additional statutory assessments: RCW 3.62.090.
46.63.120 Order of court—Civil nature—Waiver,
reduction, suspension of penalty—Community restitution.
(1) An order entered after the receipt of a response which
does not contest the determination, or after it has been
established at a hearing that the infraction was committed, or
after a hearing for the purpose of explaining mitigating
circumstances is civil in nature.
(2) The court may include in the order the imposition of
any penalty authorized by the provisions of this chapter for
the commission of an infraction. The court may, in its
discretion, waive, reduce, or suspend the monetary penalty
prescribed for the infraction. At the person’s request the
court may order performance of a number of hours of
community restitution in lieu of a monetary penalty, at the
rate of the then state minimum wage per hour. [2002 c 175
§ 37; 1979 ex.s. c 136 § 14.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.130 Issue of process by court of limited
jurisdiction. Notwithstanding any other provisions of law
governing service of process in civil cases, a court of limited
jurisdiction having jurisdiction over an alleged traffic
[Title 46 RCW—page 230]
infraction may issue process anywhere within the state.
[1980 c 128 § 5.]
Effective date—Severability—1980 c 128: See notes following
RCW 46.63.060.
46.63.140 Presumption regarding stopped, standing,
or parked vehicles. (1) In any traffic infraction case
involving a violation of this title or equivalent administrative
regulation or local law, ordinance, regulation, or resolution
relating to the stopping, standing, or parking of a vehicle,
proof that the particular vehicle described in the notice of
traffic infraction was stopping, standing, or parking in
violation of any such provision of this title or an equivalent
administrative regulation or local law, ordinance, regulation,
or resolution, together with proof that the person named in
the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, shall constitute in
evidence a prima facie presumption that the registered owner
of the vehicle was the person who parked or placed the
vehicle at the point where, and for the time during which,
the violation occurred.
(2) The foregoing stated presumption shall apply only
when the procedure prescribed in RCW 46.63.030(3) has
been followed. [1980 c 128 § 11.]
Effective date—Severability—1980 c 128: See notes following
RCW 46.63.060.
46.63.151 Costs and attorney fees. Each party to a
traffic infraction case is responsible for costs incurred by that
party. No costs or attorney fees may be awarded to either
party in a traffic infraction case, except as provided for in
RCW 46.30.020(2). [1991 sp.s. c 25 § 3; 1981 c 19 § 4.]
Severability—1981 c 19: See note following RCW 46.63.020.
Chapter 46.64
ENFORCEMENT
Sections
46.64.010
46.64.015
46.64.018
46.64.025
46.64.030
46.64.035
46.64.040
46.64.048
46.64.050
46.64.055
46.64.060
46.64.070
Traffic citations—Record of—Cancellation prohibited—
Penalty—Citation audit.
Citation and notice to appear in court—Issuance—
Contents—Written promise—Arrest—Detention.
Arrest without warrant for certain traffic offenses.
Failure to appear—Notice to department.
Procedure governing arrest and prosecution.
Posting of security or bail by nonresident—Penalty.
Nonresident’s use of highways—Resident leaving state—
Secretary of state as attorney in fact.
Attempting, aiding, abetting, coercing, committing violations, punishable.
General penalty.
Additional monetary penalty.
Stopping motor vehicles for driver’s license check, vehicle
inspection and test—Purpose.
Stopping motor vehicles for driver’s license check, vehicle
inspection and test—Authorized—Powers additional.
46.64.010 Traffic citations—Record of—
Cancellation prohibited—Penalty—Citation audit. Every
traffic enforcement agency in this state shall provide in
appropriate form traffic citations containing notices to appear
which shall be issued in books with citations in quadruplicate and meeting the requirements of this section.
(2002 Ed.)
Enforcement
46.64.010
The chief administrative officer of every such traffic
enforcement agency shall be responsible for the issuance of
such books and shall maintain a record of every such book
and each citation contained therein issued to individual members of the traffic enforcement agency and shall require and
retain a receipt for every book so issued.
Every traffic enforcement officer upon issuing a traffic
citation to an alleged violator of any provision of the motor
vehicle laws of this state or of any traffic ordinance of any
city or town shall deposit the original or a copy of such
traffic citation with a court having competent jurisdiction
over the alleged offense or with its traffic violations bureau.
Upon the deposit of the original or a copy of such
traffic citation with a court having competent jurisdiction
over the alleged offense or with its traffic violations bureau
as aforesaid, said original or copy of such traffic citation
may be disposed of only by trial in said court or other
official action by a judge of said court, including forfeiture
of the bail or by the deposit of sufficient bail with or
payment of a fine to said traffic violations bureau by the
person to whom such traffic citation has been issued by the
traffic enforcement officer.
It shall be unlawful and official misconduct for any
traffic enforcement officer or other officer or public employee to dispose of a traffic citation or copies thereof or of the
record of the issuance of the same in a manner other than as
required herein.
The chief administrative officer of every traffic enforcement agency shall require the return to him of a copy of
every traffic citation issued by an officer under his supervision to an alleged violator of any traffic law or ordinance
and of all copies of every traffic citation which has been
spoiled or upon which any entry has been made and not
issued to an alleged violator.
Such chief administrative officer shall also maintain or
cause to be maintained in connection with every traffic
citation issued by an officer under his supervision a record
of the disposition of the charge by the court or its traffic
violations bureau in which the original or copy of the traffic
citation was deposited.
Any person who cancels or solicits the cancellation of
any traffic citation, in any manner other than as provided in
this section, shall be guilty of a misdemeanor.
Every record of traffic citations required in this section
shall be audited monthly by the appropriate fiscal officer of
the government agency to which the traffic enforcement
agency is responsible. [1961 c 12 § 46.64.010. Prior: 1949
c 196 § 16; 1937 c 189 § 145; Rem. Supp. 1949 § 6360145.]
the offense or violation charged, the time and place where
such person shall appear in court, and a place where the
person arrested may sign. Such spaces shall be filled with
the appropriate information by the arresting officer. The
arrested person, in order to secure release, and when permitted by the arresting officer, must give his or her written
promise to appear in court as required by the citation and
notice by signing in the appropriate place the written citation
and notice served by the arresting officer, and if the arrested
person is a nonresident of the state, shall also post a bond,
cash security, or bail as required under RCW 46.64.035. An
officer may not serve or issue any traffic citation or notice
for any offense or violation except either when the offense
or violation is committed in his or her presence or when a
person may be arrested pursuant to RCW 10.31.100, as now
or hereafter amended. The detention arising from an arrest
under this section may not be for a period of time longer
than is reasonably necessary to issue and serve a citation and
notice, except that the time limitation does not apply under
any of the following circumstances:
(1) Where the arrested person refuses to sign a written
promise to appear in court as required by the citation and
notice provisions of this section;
(2) Where the arresting officer has probable cause to
believe that the arrested person has committed any of the
offenses enumerated in RCW 10.31.100(3), as now or
hereafter amended;
(3) When the arrested person is a nonresident and is
being detained for a hearing under RCW 46.64.035. [1987
c 345 § 2; 1985 c 303 § 11; 1979 ex.s. c 28 § 2; 1975-’76
2nd ex.s. c 95 § 2; 1975 c 56 § 1; 1967 c 32 § 70; 1961 c
12 § 46.64.015. Prior: 1951 c 175 § 1.]
46.64.015 Citation and notice to appear in court—
Issuance—Contents—Written promise—Arrest—
Detention. Whenever any person is arrested for any
violation of the traffic laws or regulations which is punishable as a misdemeanor or by imposition of a fine, the arresting officer may serve upon him or her a traffic citation
and notice to appear in court. Such citation and notice shall
conform to the requirements of RCW 46.64.010, and in
addition, shall include spaces for the name and address of
the person arrested, the license number of the vehicle involved, the driver’s license number of such person, if any,
46.64.030 Procedure governing arrest and prosecution. The provisions of this title with regard to the apprehension and arrest of persons violating this title shall govern
all police officers in making arrests without a warrant for
violations of this title for offenses either committed in their
presence or believed to have been committed based on
probable cause pursuant to RCW 10.31.100, but the procedure prescribed herein shall not otherwise be exclusive of
any other method prescribed by law for the arrest and
prosecution of a person for other like offenses. [1979 ex.s.
(2002 Ed.)
46.64.018 Arrest without warrant for certain traffic
offenses. See RCW 10.31.100.
46.64.025 Failure to appear—Notice to department.
Whenever any person violates his or her written promise to
appear in court, or fails to appear for a scheduled court
hearing, the court in which the defendant failed to appear
shall promptly give notice of such fact to the department of
licensing. Whenever thereafter the case in which the
defendant failed to appear is adjudicated, the court hearing
the case shall promptly file with the department a certificate
showing that the case has been adjudicated. [1999 c 86 § 7;
1979 c 158 § 175; 1967 c 32 § 71; 1965 ex.s. c 121 § 23.]
Severability—1965 ex.s. c 121: See RCW 46.20.910.
Purpose—Construction—1965 ex.s. c 121: See note following RCW
46.20.021.
[Title 46 RCW—page 231]
46.64.030
Title 46 RCW: Motor Vehicles
c 28 § 3; 1975 c 56 § 2; 1967 c 32 § 72; 1961 c 12 §
46.64.030. Prior: 1937 c 189 § 147; RRS § 6360-147.]
46.64.035 Posting of security or bail by nonresident—Penalty. Any nonresident of the state of Washington
who is issued a notice of infraction or a citation for a traffic
offense may be required to post either a bond or cash
security in the amount of the infraction penalty or to post
bail. The court shall by January 1, 1990, accept, in lieu of
bond or cash security, valid major credit cards issued by a
bank or other financial institution or automobile club card
guaranteed by an insurance company licensed to conduct
business in the state. If payment is made by credit card the
court is authorized to impose, in addition to any penalty or
fine, an amount equal to the charge to the court for accepting such cards. If the person cannot post the bond, cash
security, or bail, he or she shall be taken to a magistrate or
judge for a hearing at the first possible working time of the
court. If the person refuses to comply with this section, he
or she shall be guilty of a misdemeanor. This section does
not apply to residents of states that have entered into a
reciprocal agreement as outlined in RCW 46.23.020. [1987
c 345 § 3.]
46.64.040 Nonresident’s use of highways—Resident
leaving state—Secretary of state as attorney in fact. The
acceptance by a nonresident of the rights and privileges
conferred by law in the use of the public highways of this
state, as evidenced by his or her operation of a vehicle
thereon, or the operation thereon of his or her vehicle with
his or her consent, express or implied, shall be deemed
equivalent to and construed to be an appointment by such
nonresident of the secretary of state of the state of Washington to be his or her true and lawful attorney upon whom
may be served all lawful summons and processes against
him or her growing out of any accident, collision, or liability
in which such nonresident may be involved while operating
a vehicle upon the public highways, or while his or her
vehicle is being operated thereon with his or her consent,
express or implied, and such operation and acceptance shall
be a signification of the nonresident’s agreement that any
summons or process against him or her which is so served
shall be of the same legal force and validity as if served on
the nonresident personally within the state of Washington.
Likewise each resident of this state who, while operating a
motor vehicle on the public highways of this state, is
involved in any accident, collision or liability and thereafter
within three years departs from this state appoints the
secretary of state of the state of Washington as his or her
lawful attorney for service of summons as provided in this
section for nonresidents. Service of such summons or
process shall be made by leaving two copies thereof with a
fee established by the secretary of state by rule with the
secretary of state of the state of Washington, or at the
secretary of state’s office, and such service shall be sufficient and valid personal service upon said resident or
nonresident: PROVIDED, That notice of such service and
a copy of the summons or process is forthwith sent by
registered mail with return receipt requested, by plaintiff to
the defendant at the last known address of the said defendant, and the plaintiff’s affidavit of compliance herewith are
[Title 46 RCW—page 232]
appended to the process, together with the affidavit of the
plaintiff’s attorney that the attorney has with due diligence
attempted to serve personal process upon the defendant at all
addresses known to him or her of defendant and further
listing in his or her affidavit the addresses at which he or she
attempted to have process served. However, if process is
forwarded by registered mail and defendant’s endorsed receipt is received and entered as a part of the return of
process then the foregoing affidavit of plaintiff’s attorney
need only show that the defendant received personal delivery
by mail: PROVIDED FURTHER, That personal service
outside of this state in accordance with the provisions of law
relating to personal service of summons outside of this state
shall relieve the plaintiff from mailing a copy of the summons or process by registered mail as hereinbefore provided.
The secretary of state shall forthwith send one of such copies
by mail, postage prepaid, addressed to the defendant at the
defendant’s address, if known to the secretary of state. The
court in which the action is brought may order such continuances as may be necessary to afford the defendant reasonable
opportunity to defend the action. The fee paid by the
plaintiff to the secretary of state shall be taxed as part of his
or her costs if he or she prevails in the action. The secretary
of state shall keep a record of all such summons and
processes, which shall show the day of service. [1993 c 269
§ 16; 1982 c 35 § 197; 1973 c 91 § 1; 1971 ex.s. c 69 § 1;
1961 c 12 § 46.64.040. Prior: 1959 c 121 § 1; 1957 c 75
§ 1; 1937 c 189 § 129; RRS § 6360-129.]
Rules of court: Cf. CR 12(a).
Effective date—1993 c 269: See note following RCW 23.86.070.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Deposit of fees in secretary of state’s revolving fund: RCW 43.07.130.
46.64.048 Attempting, aiding, abetting, coercing,
committing violations, punishable. Every person who
commits, attempts to commit, conspires to commit, or aids
or abets in the commission of any act declared by this title
to be a traffic infraction or a crime, whether individually or
in connection with one or more other persons or as principal,
agent, or accessory, shall be guilty of such offense, and
every person who falsely, fraudulently, forcefully, or
willfully induces, causes, coerces, requires, permits or directs
others to violate any provisions of this title is likewise guilty
of such offense. [1990 c 250 § 60; 1961 c 12 § 46.56.210.
Prior: 1937 c 189 § 149; RRS § 6360-149. Formerly RCW
46.61.695.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.64.050 General penalty. It is a traffic infraction
for any person to violate any of the provisions of this title
unless violation is by this title or other law of this state
declared to be a felony, a gross misdemeanor, or a misdemeanor.
Unless another penalty is in this title provided, every
person convicted of a misdemeanor for violation of any
provisions of this title shall be punished accordingly. [1979
ex.s. c 136 § 93; 1975-’76 2nd ex.s. c 95 § 3; 1961 c 12 §
46.64.050. Prior: (i) 1937 c 189 § 150; RRS § 6360-150;
1927 c 309 § 53; RRS § 6362-53. (ii) 1937 c 188 § 82;
RRS § 6312-82; 1921 c 108 § 16; RRS § 6378.]
(2002 Ed.)
Enforcement
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.64.055 Additional monetary penalty. (1) In
addition to any other penalties imposed for conviction of a
violation of this title that is a misdemeanor, gross misdemeanor, or felony, the court shall impose an additional
penalty of fifty dollars. The court may not reduce, waive, or
suspend the additional penalty unless the court finds the
offender to be indigent. If a community restitution program
for offenders is available in the jurisdiction, the court shall
allow offenders to offset all or a part of the penalty due
under this section by participation in the community restitution program.
(2) Revenue from the additional penalty must be
remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82, and
35.20 RCW. Money remitted under this section to the state
treasurer must be deposited as provided in RCW 43.08.250.
The balance of the revenue received by the county or city
treasurer under this section must be deposited into the county
or city current expense fund. Moneys retained by the city or
county under this subsection shall constitute reimbursement
for any liabilities under RCW 43.135.060. [2002 c 175 §
38; 2001 c 289 § 3.]
Effective date—2002 c 175: See note following RCW 7.80.130.
46.64.060 Stopping motor vehicles for driver’s
license check, vehicle inspection and test—Purpose. The
purpose of RCW 46.64.060 and 46.64.070 is to provide for
the exercise of the police power of this state to protect the
health and safety of its citizens by assuring that only
qualified drivers and vehicles which meet minimum equipment standards shall operate upon the highways of this state.
[1967 c 144 § 1.]
Severability—1967 c 144: "If any provision, clause or word of this
act or application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of this act which
can be given effect without the invalid provision of application, and to this
end the provisions of this act are declared to be severable." [1967 c 144 §
3.]
46.64.070 Stopping motor vehicles for driver’s
license check, vehicle inspection and test—Authorized—
Powers additional. To carry out the purpose of RCW
46.64.060 and 46.64.070, officers of the Washington state
patrol are hereby empowered during daylight hours and
while using plainly marked state patrol vehicles to require
the driver of any motor vehicle being operated on any highway of this state to stop and display his or her driver’s
license and/or to submit the motor vehicle being driven by
such person to an inspection and test to ascertain whether
such vehicle complies with the minimum equipment requirements prescribed by chapter 46.37 RCW, as now or hereafter
amended. No criminal citation shall be issued for a period
of ten days after giving a warning ticket pointing out the
defect.
The powers conferred by RCW 46.64.060 and 46.64.070
are in addition to all other powers conferred by law upon
such officers, including but not limited to powers conferred
upon them as police officers pursuant to RCW 46.20.349 and
powers conferred by chapter 46.32 RCW. [1999 c 6 § 26;
1973 2nd ex.s. c 22 § 1; 1967 c 144 § 2.]
(2002 Ed.)
46.64.050
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1967 c 144: See note following RCW 46.64.060.
Chapter 46.65
WASHINGTON HABITUAL TRAFFIC
OFFENDERS ACT
Sections
46.65.010
46.65.020
46.65.030
46.65.060
46.65.065
46.65.070
46.65.080
46.65.100
46.65.900
46.65.910
State policy enunciated.
Habitual offender defined.
Transcript or abstract of conviction record certified—As
prima facie evidence.
Department findings—Revocation of license—Stay by department.
Revocation of habitual offender’s license—Request for
hearing, scope—Right to appeal.
Period during which habitual offender not to be issued license.
Four-year petition for license restoration—Reinstatement of
driving privilege.
Seven-year petition for license restoration—Reinstatement of
driving privilege.
Construction—Chapter supplemental.
Short title.
46.65.010 State policy enunciated. It is hereby
declared to be the policy of the state of Washington:
(1) To provide maximum safety for all persons who
travel or otherwise use the public highways of this state; and
(2) To deny the privilege of operating motor vehicles on
such highways to persons who by their conduct and record
have demonstrated their indifference for the safety and
welfare of others and their disrespect for the laws of the
state, the orders of her courts and the statutorily required
acts of her administrative agencies; and
(3) To discourage repetition of criminal acts by individuals against the peace and dignity of the state and her
political subdivisions and to impose increased and added
deprivation of the privilege to operate motor vehicles upon
habitual offenders who have been convicted repeatedly of
violations of traffic laws. [1971 ex.s. c 284 § 3.]
Severability—1971 ex.s. c 284: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 284 § 17.]
46.65.020 Habitual offender defined. As used in this
chapter, unless a different meaning is plainly required by the
context, an habitual offender means any person, resident or
nonresident, who has accumulated convictions or findings
that the person committed a traffic infraction as defined in
RCW 46.20.270, or, if a minor, has violations recorded with
the department of licensing, for separate and distinct offenses
as described in either subsection (1) or (2) below committed
within a five-year period, as evidenced by the records
maintained in the department of licensing: PROVIDED,
That where more than one described offense is committed
within a six-hour period such multiple offenses shall, on the
first such occasion, be treated as one offense for the purposes of this chapter:
(1) Three or more convictions, singularly or in combination, of the following offenses:
(a) Vehicular homicide as defined in RCW 46.61.520;
(b) Vehicular assault as defined in RCW 46.61.522;
[Title 46 RCW—page 233]
46.65.020
Title 46 RCW: Motor Vehicles
(c) Driving or operating a motor vehicle while under the
influence of intoxicants or drugs;
(d) Driving a motor vehicle while his or her license,
permit, or privilege to drive has been suspended or revoked
as defined in RCW 46.20.342(1)(b);
(e) Failure of the driver of any vehicle involved in an
accident resulting in the injury or death of any person or
damage to any vehicle which is driven or attended by any
person to immediately stop such vehicle at the scene of such
accident or as close thereto as possible and to forthwith
return to and in every event remain at, the scene of such
accident until he has fulfilled the requirements of RCW
46.52.020;
(f) Reckless driving as defined in RCW 46.61.500;
(g) Being in physical control of a motor vehicle while
under the influence of intoxicating liquor or any drug as
defined in RCW 46.61.504; or
(h) Attempting to elude a pursuing police vehicle as
defined in RCW 46.61.024;
(2) Twenty or more convictions or findings that the
person committed a traffic infraction for separate and distinct
offenses, singularly or in combination, in the operation of a
motor vehicle that are required to be reported to the department of licensing other than the offenses of driving with an
expired driver’s license and not having a driver’s license in
the operator’s immediate possession. Such convictions or
findings shall include those for offenses enumerated in
subsection (1) of this section when taken with and added to
those offenses described herein but shall not include convictions or findings for any nonmoving violation. No person
may be considered an habitual offender under this subsection
unless at least three convictions have occurred within the
three hundred sixty-five days immediately preceding the last
conviction.
The offenses included in subsections (1) and (2) of this
section are deemed to include offenses under any valid town,
city, or county ordinance substantially conforming to the
provisions cited in subsections (1) and (2) or amendments
thereto, and any federal law, or any law of another state,
including subdivisions thereof, substantially conforming to
the aforesaid state statutory provisions. [1991 c 293 § 7;
1983 c 164 § 7; 1981 c 188 § 1; 1979 ex.s. c 136 § 94;
1979 c 62 § 1; 1971 ex.s. c 284 § 4.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1979 c 62: "If any provision of this 1979 act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1979 c 62 § 8.]
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.030 Transcript or abstract of conviction
record certified—As prima facie evidence. The director
of the department of licensing shall certify a transcript or
abstract of the record of convictions and findings of traffic
infractions as maintained by the department of licensing of
any person whose record brings him or her within the
definition of an habitual offender, as defined in RCW
46.65.020, to the hearing officer appointed in the event a
hearing is requested. Such transcript or abstract may be
admitted as evidence in any hearing or court proceeding and
shall be prima facie evidence that the person named therein
[Title 46 RCW—page 234]
was duly convicted by the court wherein such conviction or
holding was made of each offense shown by such transcript
or abstract; and if such person denies any of the facts as
stated therein, he or she shall have the burden of proving
that such fact is untrue. [1983 c 209 § 1; 1979 ex.s. c 136
§ 95; 1979 c 62 § 2; 1971 ex.s. c 284 § 5.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1979 c 62: See note following RCW 46.65.020.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.060 Department findings—Revocation of
license—Stay by department. If the department finds that
such person is not an habitual offender under this chapter,
the proceeding shall be dismissed, but if the department
finds that such person is an habitual offender, the department
shall revoke the operator’s license for a period of seven
years: PROVIDED, That the department may stay the date
of the revocation if it finds that the traffic offenses upon
which it is based were caused by or are the result of alcoholism and/or drug addiction as evaluated by a program
approved by the department of social and health services,
and that since his or her last offense he or she has undertaken and followed a course of treatment for alcoholism and/or
drug treatment in a program approved by the department of
social and health services; such stay shall be subject to terms
and conditions as are deemed reasonable by the department.
Said stay shall continue as long as there is no further
conviction for any of the offenses listed in RCW
46.65.020(1). Upon a subsequent conviction for any offense
listed in RCW 46.65.020(1) or violation of any of the terms
or conditions of the original stay order, the stay shall be
removed and the department shall revoke the operator’s
license for a period of seven years. [1999 c 274 § 7; 1985
c 101 § 2; 1981 c 188 § 2; 1979 c 62 § 3; 1973 1st ex.s. c
83 § 1; 1971 ex.s. c 284 § 8.]
Severability—1979 c 62: See note following RCW 46.65.020.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.065 Revocation of habitual offender’s license—Request for hearing, scope—Right to appeal. (1)
Whenever a person’s driving record, as maintained by the
department, brings him or her within the definition of an
habitual traffic offender, as defined in RCW 46.65.020, the
department shall forthwith notify the person of the revocation in writing by certified mail at his or her address of record as maintained by the department. If the person is a
nonresident of this state, notice shall be sent to the person’s
last known address. Notices of revocation shall inform the
recipient thereof of his or her right to a formal hearing and
specify the steps which must be taken in order to obtain a
hearing. Within fifteen days after the notice has been given,
the person may, in writing, request a formal hearing. If such
a request is not made within the prescribed time the right to
a hearing is waived. A request for a hearing stays the
effectiveness of the revocation.
(2) Upon receipt of a request for a hearing, the department shall schedule a hearing in the county in which the
person making the request resides, and if [the] person is a
nonresident of this state, the hearing shall be held in
(2002 Ed.)
Washington Habitual Traffic Offenders Act
Thurston county. The department shall give at least ten days
notice of the hearing to the person.
(3) The scope of the hearings provided by this section
is limited to the issues of whether the certified transcripts or
abstracts of the convictions, as maintained by the department, show that the requisite number of violations have been
accumulated within the prescribed period of time as set forth
in RCW 46.65.020 and whether the terms and conditions for
granting stays, as provided in RCW 46.65.060, have been
met.
(4) Upon receipt of the hearing officer’s decision, an
aggrieved party may appeal to the superior court of the
county in which he or she resides, or, in the case of a
nonresident of this state, in the superior court of Thurston
county, for review of the revocation. Notice of appeal must
be filed within thirty days after receipt of the hearing
officer’s decision or the right to appeal is waived. Review
by the court shall be de novo and without a jury.
(5) The filing of a notice of appeal does not stay the
effective date of the revocation. [1989 c 337 § 10; 1979 c
62 § 5.]
Severability—1979 c 62: See note following RCW 46.65.020.
46.65.070 Period during which habitual offender
not to be issued license. No license to operate motor
vehicles in Washington shall be issued to an habitual
offender (1) for a period of seven years from the date of the
license revocation except as provided in RCW 46.65.080,
and (2) until the privilege of such person to operate a motor
vehicle in this state has been restored by the department of
licensing as provided in this chapter. [1998 c 214 § 2; 1990
c 250 § 62; 1979 c 62 § 4; 1971 ex.s. c 284 § 9.]
Effective date—1998 c 214: See note following RCW 46.61.5055.
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—1979 c 62: See note following RCW 46.65.020.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.080 Four-year petition for license restoration—Reinstatement of driving privilege. At the end of
four years, the habitual offender may petition the department
of licensing for the return of his operator’s license and upon
good and sufficient showing, the department of licensing
may, wholly or conditionally, reinstate the privilege of such
person to operate a motor vehicle in this state. [1998 c 214
§ 3; 1979 c 158 § 181; 1971 ex.s. c 284 § 10.]
Effective date—1998 c 214: See note following RCW 46.61.5055.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.100 Seven-year petition for license restoration—Reinstatement of driving privilege. At the expiration of seven years from the date of any final order finding
a person to be an habitual offender and directing him not to
operate a motor vehicle in this state, such person may
petition the department of licensing for restoration of his
privilege to operate a motor vehicle in this state. Upon
receipt of such petition, and for good cause shown, the
department of licensing shall restore to such person the
privilege to operate a motor vehicle in this state upon such
terms and conditions as the department of licensing may
prescribe, subject to the provisions of chapter 46.29 RCW
and such other provisions of law relating to the issuance or
(2002 Ed.)
46.65.065
revocation of operators’ licenses. [1998 c 214 § 4; 1979 c
158 § 182; 1971 ex.s. c 284 § 12.]
Effective date—1998 c 214: See note following RCW 46.61.5055.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.900 Construction—Chapter supplemental.
Nothing in this chapter shall be construed as amending,
modifying, or repealing any existing law of Washington or
any existing ordinance of any political subdivision relating
to the operation or licensing of motor vehicles, the licensing
of persons to operate motor vehicles or providing penalties
for the violation thereof or shall be construed so as to
preclude the exercise of regulatory powers of any division,
agency, department, or political subdivision of the state
having the statutory power to regulate such operation and
licensing. [1971 ex.s. c 284 § 14.]
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.910 Short title. This chapter shall be known
and may be cited as the "Washington Habitual Traffic
Offenders Act." [1971 ex.s. c 284 § 18.]
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
Chapter 46.68
DISPOSITION OF REVENUE
Sections
46.68.010
Erroneous payments—Refunds, underpayments—Penalty for
false statements.
46.68.020 Disposition of fees for certificates of ownership.
46.68.030 Disposition of vehicle license fees.
46.68.035 Disposition of combined vehicle licensing fees.
46.68.041 Disposition of drivers’ license fees.
46.68.060 Highway safety fund created—Use limited.
46.68.065 Motorcycle safety education account.
46.68.070 Motor vehicle fund created—Use limited.
46.68.080 Refund of vehicle license fees and fuel tax to island counties.
46.68.090 Distribution of statewide taxes.
46.68.110 Distribution of amount allocated to cities and towns.
46.68.112 Preservation rating.
46.68.120 Distribution of amount allocated to counties—Generally.
46.68.122 Distribution of amount to counties—Factors of distribution
formula.
46.68.124 Distribution of amount to counties—Population, road cost,
money need, computed—Allocation percentage adjustment.
46.68.130 Expenditure of balance of motor vehicle fund.
46.68.160 Urban arterial trust account—Created in motor vehicle
fund—Expenditures from.
46.68.170 RV account—Use for sanitary disposal systems.
46.68.210 Puyallup tribal settlement account.
46.68.220 Department of licensing services account.
46.68.230 Transfer of funds under government service agreement.
46.68.240 Highway infrastructure account.
46.68.250 Vehicle licensing fraud account.
46.68.260 Impaired driving safety account.
46.68.270 Freight mobility account.
Amount of snowmobile fuel tax paid as motor vehicle fuel tax: RCW
46.10.170.
Highway funds, use, constitutional limitations: State Constitution Art. 2 §
40 (Amendment 18).
Motor vehicle
fuel tax: Chapter 82.36 RCW.
special fuel tax: Chapter 82.38 RCW.
use tax: Chapter 82.12 RCW.
[Title 46 RCW—page 235]
Chapter 46.68
Title 46 RCW: Motor Vehicles
Motor vehicle fund income from United States securities—Exemption from
reserve fund requirement: RCW 43.84.095.
Off-road vehicle fuel tax—Refunds from motor vehicle fund: RCW
46.09.170.
Snowmobile fuel tax—Refund to general fund: RCW 46.10.150.
State patrol: Chapter 43.43 RCW.
46.68.010 Erroneous payments—Refunds,
underpayments—Penalty for false statements. Whenever
any license fee, paid under the provisions of this title, has
been erroneously paid, either wholly or in part, the payor is
entitled to have refunded the amount so erroneously paid.
A license fee is refundable in one or more of the following
circumstances: (1) If the vehicle for which the renewal
license was purchased was destroyed before the beginning
date of the registration period for which the renewal fee was
paid; (2) if the vehicle for which the renewal license was
purchased was permanently removed from the state before
the beginning date of the registration period for which the
renewal fee was paid; (3) if the vehicle license was purchased after the owner has sold the vehicle; (4) if the vehicle
is currently licensed in Washington and is subsequently
licensed in another jurisdiction, in which case any full
months of Washington fees between the date of license
application in the other jurisdiction and the expiration of the
Washington license are refundable; or (5) if the vehicle for
which the renewal license was purchased is sold before the
beginning date of the registration period for which the
renewal fee was paid, and the payor returns the new, unused,
never affixed license renewal tabs to the department before
the beginning of the registration period for which the
registration was purchased. Upon the refund being certified
to the state treasurer by the director as correct and being
claimed in the time required by law the state treasurer shall
mail or deliver the amount of each refund to the person
entitled thereto. No claim for refund shall be allowed for
such erroneous payments unless filed with the director within
three years after such claimed erroneous payment was made.
If due to error a person has been required to pay a
vehicle license fee under this title and an excise tax under
Title 82 RCW that amounts to an overpayment of ten dollars
or more, that person shall be entitled to a refund of the
entire amount of the overpayment, regardless of whether a
refund of the overpayment has been requested. If due to
error the department or its agent has failed to collect the full
amount of the license fee and excise tax due and the
underpayment is in the amount of ten dollars or more, the
department shall charge and collect such additional amount
as will constitute full payment of the tax and fees.
Any person who makes a false statement under which
he or she obtains a refund to which he or she is not entitled
under this section is guilty of a gross misdemeanor. [1997
c 22 § 1; 1996 c 31 § 1; 1993 c 307 § 2; 1989 c 68 § 1;
1979 c 120 § 1; 1967 c 32 § 73; 1961 c 12 § 46.68.010.
Prior: 1937 c 188 § 76; RRS § 6312-76.]
46.68.020 Disposition of fees for certificates of
ownership. The director shall forward all fees for certificates of ownership or other moneys accruing under the
provisions of chapter 46.12 RCW to the state treasurer,
together with a proper identifying detailed report. The state
treasurer shall credit such moneys to the multimodal
[Title 46 RCW—page 236]
transportation account in RCW 47.66.070, and all expenses
incurred in carrying out the provisions of that chapter shall
be paid from such account as authorized by legislative
appropriation. [2002 c 352 § 21; 1961 c 12 § 46.68.020.
Prior: 1955 c 259 § 3; 1947 c 164 § 7; 1937 c 188 § 11;
Rem. Supp. 1947 § 6312-11.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
46.68.030 Disposition of vehicle license fees. Except
for proceeds from fees for vehicle licensing for vehicles
paying such fees under RCW 46.16.070 and 46.16.085, and
as otherwise provided for in chapter 46.16 RCW, all fees received by the director for vehicle licenses under the provisions of chapter 46.16 RCW shall be forwarded to the state
treasurer, accompanied by a proper identifying detailed
report, and be deposited to the credit of the motor vehicle
fund, except that the proceeds from the vehicle license fee
and renewal license fee shall be deposited by the state
treasurer as hereinafter provided. After July 1, 2002, $20.35
of each original or renewal license fee must be deposited in
the state patrol highway account in the motor vehicle fund,
hereby created. Vehicle license fees, renewal license fees,
and all other funds in the state patrol highway account shall
be for the sole use of the Washington state patrol for
highway activities of the Washington state patrol, subject to
proper appropriations and reappropriations therefor. $2.02
of each original vehicle license fee and $0.93 of each
renewal license fee shall be deposited each biennium in the
Puget Sound ferry operations account. Any remaining
amounts of vehicle license fees and renewal license fees that
are not distributed otherwise under this section must be
deposited in the motor vehicle fund. [2002 c 352 § 22; 1990
c 42 § 109; 1985 c 380 § 20. Prior: 1983 c 15 § 23; 1983
c 3 § 122; 1981 c 342 § 9; 1973 c 103 § 3; 1971 ex.s. c 231
§ 11; 1971 ex.s. c 91 § 1; 1969 ex.s. c 281 § 25; 1969 c 99
§ 8; 1965 c 25 § 2; 1961 ex.s. c 7 § 17; 1961 c 12 §
46.68.030; prior: 1957 c 105 § 2; 1955 c 259 § 4; 1947 c
164 § 15; 1937 c 188 § 40; Rem. Supp. 1947 § 6312-40.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
Severability—1983 c 15: See RCW 47.64.910.
Effective date—Severability—1981 c 342: See notes following
RCW 82.36.010.
Refund of mobile home identification tag fees: "The department of
motor vehicles shall refund all moneys collected in 1973 for mobile home
identification tags. Such refunds shall be made to those persons who have
purchased such tags. The department shall adopt rules pursuant to chapter
34.04 RCW to comply with the provisions of this section." [1973 c 103 §
4.]
Effective date—1971 ex.s. c 231: See note following RCW
46.01.130.
Effective date—1965 c 25: "This act shall take effect January 1,
1966." [1965 c 25 § 6.]
46.68.035 Disposition of combined vehicle licensing
fees. (Effective unless Referendum Bill No. 51 is approved
at the November 2002 general election.) All proceeds from
combined vehicle licensing fees received by the director for
vehicles licensed under RCW 46.16.070 and 46.16.085 shall
(2002 Ed.)
Disposition of Revenue
be forwarded to the state treasurer to be distributed into
accounts according to the following method:
(1) The sum of two dollars for each vehicle shall be
deposited into the multimodal transportation account, except
that for each vehicle registered by a county auditor or agent
to a county auditor pursuant to RCW 46.01.140, the sum of
two dollars shall be credited to the current county expense
fund.
(2) The remainder shall be distributed as follows:
(a) 23.677 percent shall be deposited into the state patrol
highway account of the motor vehicle fund;
(b) 1.521 percent shall be deposited into the Puget
Sound ferry operations account of the motor vehicle fund;
and
(c) The remaining proceeds shall be deposited into the
motor vehicle fund. [2000 2nd sp.s. c 4 § 8; 1993 c 102 §
7; 1990 c 42 § 106; 1989 c 156 § 4; 1985 c 380 § 21.]
Effective dates—2000 2nd sp.s. c 4 §§ 4-10: See note following
RCW 43.89.010.
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note
following RCW 46.16.070.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Application—1989 c 156: See note following RCW 46.16.070.
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
46.68.035 Disposition of combined vehicle licensing
fees. (Effective December 30, 2002, if Referendum Bill No.
51 is approved at the November 2002 general election.) All
proceeds from combined vehicle licensing fees received by
the director for vehicles licensed under RCW 46.16.070 and
46.16.085 shall be forwarded to the state treasurer to be
distributed into accounts according to the following method:
(1) The sum of two dollars for each vehicle shall be
deposited into the multimodal transportation account, except
that for each vehicle registered by a county auditor or agent
to a county auditor pursuant to RCW 46.01.140, the sum of
two dollars shall be credited to the current county expense
fund.
(2) The proceeds from the surcharge collected under
RCW 46.16.070(3) must be deposited into the motor vehicle
account.
(3) The remainder shall be distributed as follows:
(a) 23.677 percent shall be deposited into the state patrol
highway account of the motor vehicle fund;
(b) 1.521 percent shall be deposited into the Puget
Sound ferry operations account of the motor vehicle fund;
and
(c) The remaining proceeds shall be deposited into the
motor vehicle fund. [2002 c 202 § 203; 2000 2nd sp.s. c 4
§ 8; 1993 c 102 § 7; 1990 c 42 § 106; 1989 c 156 § 4; 1985
c 380 § 21.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Effective dates—2000 2nd sp.s. c 4 §§ 4-10: See note following
RCW 43.89.010.
(2002 Ed.)
46.68.035
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note
following RCW 46.16.070.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Application—1989 c 156: See note following RCW 46.16.070.
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
46.68.041 Disposition of drivers’ license fees. (1)
Except as provided in subsection (2) of this section, the
department shall forward all funds accruing under the
provisions of chapter 46.20 RCW together with a proper
identifying, detailed report to the state treasurer who shall
deposit such moneys to the credit of the highway safety
fund.
(2) Sixty-three percent of each fee collected by the
department under RCW 46.20.311 (1)(b)(ii), (2)(b)(ii), and
(3)(b) shall be deposited in the impaired driving safety
account. [1998 c 212 § 3; 1995 2nd sp.s. c 3 § 1; 1985 ex.s.
c 1 § 12; 1981 c 245 § 3; 1979 c 63 § 3; 1977 c 27 § 1;
1975 1st ex.s. c 293 § 20; 1971 ex.s. c 91 § 2; 1969 c 99 §
9; 1967 c 174 § 3; 1965 c 25 § 4.]
Effective date—1995 2nd sp.s. c 3: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 2nd sp.s. c 3 § 2.]
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Effective date—1981 c 245: See note following RCW 46.20.161.
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
Effective date—1967 c 174: See note following RCW 46.29.050.
Effective date—1965 c 25: See note following RCW 46.68.030.
46.68.060 Highway safety fund created—Use
limited. There is hereby created in the state treasury a fund
to be known as the highway safety fund to the credit of
which shall be deposited all moneys directed by law to be
deposited therein. This fund shall be used for carrying out
the provisions of law relating to driver licensing, driver
improvement, financial responsibility, cost of furnishing
abstracts of driving records and maintaining such case
records, and to carry out the purposes set forth in RCW
43.59.010. [1969 c 99 § 11; 1967 c 174 § 4; 1965 c 25 § 3;
1961 c 12 § 46.68.060. Prior: 1957 c 104 § 1; 1937 c 188
§ 81; RRS § 6312-81; 1921 c 108 § 13; RRS § 6375.]
Effective date—1969 c 99: See note following RCW 79A.05.070.
Effective date—1969 c 25: See note following RCW 46.16.060.
Effective date—1967 c 174: See note following RCW 46.29.050.
Effective date—1965 c 25: See note following RCW 46.68.030.
Deposits into account: RCW 46.20.505, 46.20.510, 46.81A.030.
46.68.065 Motorcycle safety education account.
There is hereby created the motorcycle safety education
account in the highway safety fund of the state treasury, to
the credit of which shall be deposited all moneys directed by
law to be credited thereto. All expenses incurred by the
director of the department of licensing in administering
RCW 46.20.505 through 46.20.520 shall be borne by appropriations from this account, and moneys deposited into this
account shall be used only for the purposes authorized in
RCW 46.20.505 through 46.20.520. [2001 c 285 § 1; 1982
c 77 § 8.]
[Title 46 RCW—page 237]
46.68.065
Title 46 RCW: Motor Vehicles
Severability—1982 c 77: See note following RCW 46.20.500.
46.68.070 Motor vehicle fund created—Use limited.
There is created in the state treasury a permanent fund to be
known as the motor vehicle fund to the credit of which shall
be deposited all moneys directed by law to be deposited
therein. This fund shall be for the use of the state, and
through state agencies, for the use of counties, cities, and
towns for proper road, street, and highway purposes,
including the purposes of RCW 47.30.030. [1972 ex.s. c
103 § 6; 1961 c 12 § 46.68.070. Prior: (i) 1935 c 111 § 1,
part; 1933 c 41 § 4, part; RRS § 6600, part; 1929 c 163 § 1;
1925 ex.s. c 185 § 1; 1923 c 181 § 3; 1921 c 96 § 18; 1919
c 46 § 3; 1917 c 155 § 13; 1915 c 142 § 18; RRS § 6330.
(ii) 1939 c 181 § 1; RRS § 6600-1; 1937 c 208 §§ 1, 2,
part.]
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
46.68.080 Refund of vehicle license fees and fuel tax
to island counties. All motor vehicle license fees and all
motor vehicle fuel tax directly or indirectly paid by the
residents of those counties composed entirely of islands and
which have neither a fixed physical connection with the
mainland nor any state highways on any of the islands of
which they are composed, shall be paid into the motor
vehicle fund of the state of Washington and shall monthly,
as they accrue, and after deducting therefrom the expenses
of issuing such licenses and the cost of collecting such motor
vehicle fuel tax, be paid to the county treasurer of each such
county to be by him disbursed as hereinafter provided.
One-half of all motor vehicle license fees and motor
vehicle fuel tax directly or indirectly paid by the residents of
those counties composed entirely of islands and which have
either a fixed physical connection with the mainland or state
highways on any of the islands of which they are composed,
shall be paid into the motor vehicle fund of the state of
Washington and shall monthly, as they accrue, and after
deducting therefrom the expenses of issuing such licenses
and the cost of collecting such motor vehicle fuel tax, be
paid to the county treasurer of each such county to be by
him disbursed as hereinafter provided.
All funds paid to the county treasurer of the counties of
either class above referred to as in this section provided,
shall be by such county treasurer distributed and credited to
the several road districts of each such county and paid to the
city treasurer of each incorporated city and town within each
such county, in the direct proportion that the assessed valuation of each such road district and incorporated city and
town shall bear to the total assessed valuation of each such
county.
The amount of motor vehicle fuel tax paid by the
residents of those counties composed entirely of islands
shall, for the purposes of this section, be that percentage of
the total amount of motor vehicle fuel tax collected in the
state that the motor vehicle license fees paid by the residents
of counties composed entirely of islands bears to the total
motor vehicle license fees paid by the residents of the state.
[1961 c 12 § 46.68.080. Prior: 1939 c 181 § 9; RRS §
6450-54a.]
[Title 46 RCW—page 238]
46.68.090 Distribution of statewide taxes. (Effective
unless Referendum Bill No. 51 is approved at the November 2002 general election.) (1) All moneys that have
accrued or may accrue to the motor vehicle fund from the
motor vehicle fuel tax and special fuel tax shall be first
expended for purposes enumerated in (a) and (b) of this
subsection. The remaining net tax amount shall be distributed monthly by the state treasurer in the proportions set forth
in (c) through (l) of this subsection.
(a) For payment of refunds of motor vehicle fuel tax
and special fuel tax that has been paid and is refundable as
provided by law;
(b) For payment of amounts to be expended pursuant to
appropriations for the administrative expenses of the offices
of state treasurer, state auditor, and the department of
licensing of the state of Washington in the administration of
the motor vehicle fuel tax and the special fuel tax, which
sums shall be distributed monthly;
(c) For distribution to the motor vehicle fund an amount
equal to 44.387 percent to be expended for highway purposes of the state as defined in RCW 46.68.130;
(d) For distribution to the special category C account,
hereby created in the motor vehicle fund, an amount equal
to 3.2609 percent to be expended for special category C
projects. Special category C projects are category C projects
that, due to high cost only, will require bond financing to
complete construction.
The following criteria, listed in order of priority, shall
be used in determining which special category C projects
have the highest priority:
(i) Accident experience;
(ii) Fatal accident experience;
(iii) Capacity to move people and goods safely and at
reasonable speeds without undue congestion; and
(iv) Continuity of development of the highway transportation network.
Moneys deposited in the special category C account in
the motor vehicle fund may be used for payment of debt
service on bonds the proceeds of which are used to finance
special category C projects under this subsection (1)(d);
(e) For distribution to the Puget Sound ferry operations
account in the motor vehicle fund an amount equal to 2.3283
percent;
(f) For distribution to the Puget Sound capital construction account in the motor vehicle fund an amount equal to
2.3726 percent;
(g) For distribution to the urban arterial trust account in
the motor vehicle fund an amount equal to 7.5597 percent;
(h) For distribution to the transportation improvement
account in the motor vehicle fund an amount equal to 5.6739
percent and expended in accordance with RCW 47.26.086;
(i) For distribution to the cities and towns from the
motor vehicle fund an amount equal to 10.6961 percent in
accordance with RCW 46.68.110;
(j) For distribution to the counties from the motor
vehicle fund an amount equal to 19.2287 percent: (i) Out of
which there shall be distributed from time to time, as
directed by the department of transportation, those sums as
may be necessary to carry out the provisions of RCW
47.56.725; and (ii) less any amounts appropriated to the
county road administration board to implement the provisions of RCW 47.56.725(4), with the balance of such county
(2002 Ed.)
Disposition of Revenue
share to be distributed monthly as the same accrues for
distribution in accordance with RCW 46.68.120;
(k) For distribution to the county arterial preservation
account, hereby created in the motor vehicle fund an amount
equal to 1.9565 percent. These funds shall be distributed by
the county road administration board to counties in proportions corresponding to the number of paved arterial lane
miles in the unincorporated area of each county and shall be
used for improvements to sustain the structural, safety, and
operational integrity of county arterials. The county road
administration board shall adopt reasonable rules and
develop policies to implement this program and to assure
that a pavement management system is used;
(l) For distribution to the rural arterial trust account in
the motor vehicle fund an amount equal to 2.5363 percent
and expended in accordance with RCW 36.79.020.
(2) Nothing in this section or in RCW 46.68.130 may be
construed so as to violate any terms or conditions contained
in any highway construction bond issues now or hereafter
authorized by statute and whose payment is by such statute
pledged to be paid from any excise taxes on motor vehicle
fuel and special fuels. [1999 c 269 § 2; 1999 c 94 § 6.
Prior: 1994 c 225 § 2; 1994 c 179 § 3; 1991 c 342 § 56;
1990 c 42 § 102; 1983 1st ex.s. c 49 § 21; 1979 c 158 §
184; 1977 ex.s. c 317 § 8; 1967 c 32 § 74; 1961 ex.s. c 7 §
5; 1961 c 12 § 46.68.090; prior: 1943 c 115 § 3; 1939 c
181 § 2; Rem. Supp. 1943 § 6600-1d; 1937 c 208 §§ 2, part,
3, part.]
Reviser’s note: This section was amended by 1999 c 94 § 6 and by
1999 c 269 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Effective date—1994 c 225: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect May 1,
1994." [1994 c 225 § 4.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Effective dates—Severability—1977 ex.s. c 317: See notes
following RCW 82.36.010.
Rural arterial trust account: RCW 36.79.020.
Urban arterial trust account: RCW 47.26.080.
46.68.090 Distribution of statewide taxes. (Effective
December 30, 2002, if Referendum Bill No. 51 is approved
at the November 2002 general election.) (1) All moneys
that have accrued or may accrue to the motor vehicle fund
from the motor vehicle fuel tax and special fuel tax shall be
first expended for purposes enumerated in (a) and (b) of this
subsection. The remaining net tax amount shall be distributed monthly by the state treasurer in accordance with subsections (2), (3), and (4) of this section.
(a) For payment of refunds of motor vehicle fuel tax
and special fuel tax that has been paid and is refundable as
provided by law;
(b) For payment of amounts to be expended pursuant to
appropriations for the administrative expenses of the offices
(2002 Ed.)
46.68.090
of state treasurer, state auditor, and the department of
licensing of the state of Washington in the administration of
the motor vehicle fuel tax and the special fuel tax, which
sums shall be distributed monthly.
(2) All of the remaining net tax amount collected under
RCW 82.36.025(1) and 82.38.030(1) shall be distributed as
set forth in (a) through (j) of this subsection.
(a) For distribution to the motor vehicle fund an amount
equal to 44.387 percent to be expended for highway purposes of the state as defined in RCW 46.68.130;
(b) For distribution to the special category C account,
hereby created in the motor vehicle fund, an amount equal
to 3.2609 percent to be expended for special category C
projects. Special category C projects are category C projects
that, due to high cost only, will require bond financing to
complete construction.
The following criteria, listed in order of priority, shall
be used in determining which special category C projects
have the highest priority:
(i) Accident experience;
(ii) Fatal accident experience;
(iii) Capacity to move people and goods safely and at
reasonable speeds without undue congestion; and
(iv) Continuity of development of the highway transportation network.
Moneys deposited in the special category C account in
the motor vehicle fund may be used for payment of debt
service on bonds the proceeds of which are used to finance
special category C projects under this subsection (2)(b);
(c) For distribution to the Puget Sound ferry operations
account in the motor vehicle fund an amount equal to 2.3283
percent;
(d) For distribution to the Puget Sound capital construction account in the motor vehicle fund an amount equal to
2.3726 percent;
(e) For distribution to the urban arterial trust account in
the motor vehicle fund an amount equal to 7.5597 percent;
(f) For distribution to the transportation improvement
account in the motor vehicle fund an amount equal to 5.6739
percent and expended in accordance with RCW 47.26.086;
(g) For distribution to the cities and towns from the
motor vehicle fund an amount equal to 10.6961 percent in
accordance with RCW 46.68.110;
(h) For distribution to the counties from the motor
vehicle fund an amount equal to 19.2287 percent: (i) Out of
which there shall be distributed from time to time, as
directed by the department of transportation, those sums as
may be necessary to carry out the provisions of RCW
47.56.725; and (ii) less any amounts appropriated to the
county road administration board to implement the provisions of RCW 47.56.725(4), with the balance of such county
share to be distributed monthly as the same accrues for
distribution in accordance with RCW 46.68.120;
(i) For distribution to the county arterial preservation account, hereby created in the motor vehicle fund an amount
equal to 1.9565 percent. These funds shall be distributed by
the county road administration board to counties in proportions corresponding to the number of paved arterial lane
miles in the unincorporated area of each county and shall be
used for improvements to sustain the structural, safety, and
operational integrity of county arterials. The county road
administration board shall adopt reasonable rules and
[Title 46 RCW—page 239]
46.68.090
Title 46 RCW: Motor Vehicles
develop policies to implement this program and to assure
that a pavement management system is used;
(j) For distribution to the rural arterial trust account in
the motor vehicle fund an amount equal to 2.5363 percent
and expended in accordance with RCW 36.79.020.
(3) 100 percent of the net tax amount collected under
RCW 82.36.025(2) and 82.38.030(2) shall be distributed as
follows:
(a) 4.3366 percent shall be distributed to cities and
towns in accordance with RCW 46.68.110(6).
(b) 4.3366 percent shall be distributed to counties in
accordance with RCW 46.68.120.
(c) 91.3268 percent shall be distributed to the motor
vehicle account.
(4) 100 percent of the net tax amount collected under
RCW 82.36.025(3) and 82.38.030(3) shall be distributed to
the motor vehicle account.
(5) Nothing in this section or in RCW 46.68.130 may be
construed so as to violate any terms or conditions contained
in any highway construction bond issues now or hereafter
authorized by statute and whose payment is by such statute
pledged to be paid from any excise taxes on motor vehicle
fuel and special fuels. [2002 c 202 § 303. Prior: 1999 c
269 § 2; 1999 c 94 § 6; prior: 1994 c 225 § 2; 1994 c 179
§ 3; 1991 c 342 § 56; 1990 c 42 § 102; 1983 1st ex.s. c 49
§ 21; 1979 c 158 § 184; 1977 ex.s. c 317 § 8; 1967 c 32 §
74; 1961 ex.s. c 7 § 5; 1961 c 12 § 46.68.090; prior: 1943
c 115 § 3; 1939 c 181 § 2; Rem. Supp. 1943 § 6600-1d;
1937 c 208 §§ 2, part, 3, part.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Effective date—1994 c 225: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect May 1,
1994." [1994 c 225 § 4.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Effective dates—Severability—1977 ex.s. c 317: See notes
following RCW 82.36.010.
Rural arterial trust account: RCW 36.79.020.
Urban arterial trust account: RCW 47.26.080.
46.68.110 Distribution of amount allocated to cities
and towns. (Effective unless Referendum Bill No. 51 is
approved at the November 2002 general election.) Funds
credited to the incorporated cities and towns of the state as
set forth in RCW 46.68.090(1)(i) shall be subject to deduction and distribution as follows:
(1) One and one-half percent of such sums shall be
deducted monthly as such sums are credited and set aside for
the use of the department of transportation for the supervision of work and expenditures of such incorporated cities
and towns on the city and town streets thereof, including the
[Title 46 RCW—page 240]
supervision and administration of federal-aid programs for
which the department of transportation has responsibility:
PROVIDED, That any moneys so retained and not expended
shall be credited in the succeeding biennium to the incorporated cities and towns in proportion to deductions herein
made;
(2) Thirty-three one-hundredths of one percent of such
funds shall be deducted monthly, as such funds accrue, and
set aside for the use of the department of transportation for
the purpose of funding the cities’ share of the costs of highway jurisdiction studies and other studies. Any funds so
retained and not expended shall be credited in the succeeding
biennium to the cities in proportion to the deductions made;
(3) One percent of such funds shall be deducted
monthly, as such funds accrue, to be deposited in the urban
arterial trust account, to implement the city hardship assistance program, as provided in RCW 47.26.164. However,
any moneys so retained and not required to carry out the
program as of July 1st of each odd-numbered year thereafter,
shall be provided within sixty days to the treasurer and
distributed in the manner prescribed in subsection (5) of this
section;
(4) 31.86 percent of the fuel tax distributed to the cities
and towns in RCW 46.68.090(1)(i) shall be allocated to the
incorporated cities and towns in the manner set forth in
subsection (5) of this section and subject to deductions in
subsections (1), (2), and (3) of this section, subject to RCW
35.76.050, to be used exclusively for: The construction,
improvement, chip sealing, seal-coating, and repair for
arterial highways and city streets as those terms are defined
in RCW 46.04.030 and 46.04.120; the maintenance of arterial highways and city streets for those cities with a population of less than fifteen thousand; or the payment of any
municipal indebtedness which may be incurred in the
construction, improvement, chip sealing, seal-coating, and
repair of arterial highways and city streets; and
(5) The balance remaining to the credit of incorporated
cities and towns after such deduction shall be apportioned
monthly as such funds accrue among the several cities and
towns within the state ratably on the basis of the population
last determined by the office of financial management.
[1999 c 269 § 3; 1999 c 94 § 9; 1996 c 94 § 1. Prior: 1991
sp.s. c 15 § 46; 1991 c 342 § 59; 1989 1st ex.s. c 6 § 41;
1987 1st ex.s. c 10 § 37; 1985 c 460 § 32; 1979 c 151 §
161; 1975 1st ex.s. c 100 § 1; 1961 ex.s. c 7 § 7; 1961 c 12
§ 46.68.110; prior: 1957 c 175 § 11; 1949 c 143 § 1; 1943
c 83 § 2; 1941 c 232 § 1; 1939 c 181 § 4; Rem. Supp. 1949
§ 6600-3a; 1937 c 208 §§ 2, part, 3, part.]
Reviser’s note: This section was amended by 1999 c 94 § 9 and by
1999 c 269 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Construction—Severability—1991 sp.s. c 15: "The appropriations
of moneys and the designation of funds and accounts by this and other acts
of the 1991 legislature shall be construed in a manner consistent with
legislation enacted by the 1985, 1987, and 1989 legislatures to conform state
funds and accounts with generally accepted accounting principles. If any
provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1991 sp.s. c 15 § 69.]
(2002 Ed.)
Disposition of Revenue
Effective dates—1991 c 342: See note following RCW 47.26.167.
Severability—1989 1st ex.s. c 6: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 1st ex.s. c 6 § 75.]
Severability—1987 1st ex.s. c 10: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 1st ex.s. c 10 § 60.]
Severability—1985 c 460: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 460 § 42.]
Expense of cost-audit examination of city and town street records payable
from funds withheld under RCW 46.68.110(1): RCW 35.76.050.
Population determination, office of financial management: Chapter 43.62
RCW.
46.68.110 Distribution of amount allocated to cities
and towns. (Effective December 30, 2002, if Referendum
Bill No. 51 is approved at the November 2002 general
election.) Funds credited to the incorporated cities and
towns of the state as set forth in RCW 46.68.090 shall be
subject to deduction and distribution as follows:
(1) One and one-half percent of such sums distributed
under RCW 46.68.090 (2)(g) and (3) shall be deducted
monthly as such sums are credited and set aside for the use
of the department of transportation for the supervision of
work and expenditures of such incorporated cities and towns
on the city and town streets thereof, including the supervision and administration of federal-aid programs for which
the department of transportation has responsibility: PROVIDED, That any moneys so retained and not expended shall
be credited in the succeeding biennium to the incorporated
cities and towns in proportion to deductions herein made;
(2) Thirty-three one-hundredths of one percent of such
funds distributed under RCW 46.68.090 (2)(g) and (3) shall
be deducted monthly, as such funds accrue, and set aside for
the use of the department of transportation for the purpose
of funding the cities’ share of the costs of highway jurisdiction studies and other studies. Any funds so retained and not
expended shall be credited in the succeeding biennium to the
cities in proportion to the deductions made;
(3) One percent of such funds distributed under RCW
46.68.090(2)(g) shall be deducted monthly, as such funds
accrue, to be deposited in the urban arterial trust account, to
implement the city hardship assistance program, as provided
in RCW 47.26.164. However, any moneys so retained and
not required to carry out the program as of July 1st of each
odd-numbered year thereafter, shall be provided within sixty
days to the treasurer and distributed in the manner prescribed
in subsection (5) of this section;
(4) After making the deductions under subsections (1)
through (3) of this section and RCW 35.76.050, 31.86
percent of the fuel tax distributed to the cities and towns in
RCW 46.68.090(2)(g) shall be allocated monthly as the
funds accrue to the incorporated cities and towns of the state
ratably on the basis of the population as last determined by
the office of financial management. Funds shall be used
exclusively for: The construction, improvement, chip sealing, seal-coating, and repair for arterial highways and city
streets as those terms are defined in RCW 46.04.030 and
46.04.120; the maintenance of arterial highways and city
(2002 Ed.)
46.68.110
streets for those cities with a population of less than fifteen
thousand; or the payment of any municipal indebtedness
which may be incurred in the construction, improvement,
chip sealing, seal-coating, and repair of arterial highways and
city streets;
(5) The remaining funds not distributed under subsection
(4) of this section shall be apportioned monthly as such
funds accrue among the incorporated cities and towns within
the state ratably on the basis of the population last determined by the office of financial management; and
(6) After making the deductions under subsections (1)
and (2) of this section and RCW 35.76.050, one hundred
percent of the funds distributed to the cities and towns in
RCW 46.68.090(3)(a) shall be allocated monthly as such
funds accrue to the incorporated cities and towns of the state
with populations over ten thousand persons, ratably on the
basis of population as last determined by the office of financial management. [2002 c 202 § 304. Prior: 1999 c 269 §
3; 1999 c 94 § 9; 1996 c 94 § 1; prior: 1991 sp.s. c 15 §
46; 1991 c 342 § 59; 1989 1st ex.s. c 6 § 41; 1987 1st ex.s.
c 10 § 37; 1985 c 460 § 32; 1979 c 151 § 161; 1975 1st
ex.s. c 100 § 1; 1961 ex.s. c 7 § 7; 1961 c 12 § 46.68.110;
prior: 1957 c 175 § 11; 1949 c 143 § 1; 1943 c 83 § 2;
1941 c 232 § 1; 1939 c 181 § 4; Rem. Supp. 1949 §
6600-3a; 1937 c 208 §§ 2, part, 3, part.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Construction—Severability—1991 sp.s. c 15: "The appropriations
of moneys and the designation of funds and accounts by this and other acts
of the 1991 legislature shall be construed in a manner consistent with
legislation enacted by the 1985, 1987, and 1989 legislatures to conform state
funds and accounts with generally accepted accounting principles. If any
provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1991 sp.s. c 15 § 69.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
Severability—1989 1st ex.s. c 6: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 1st ex.s. c 6 § 75.]
Severability—1987 1st ex.s. c 10: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 1st ex.s. c 10 § 60.]
Severability—1985 c 460: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 460 § 42.]
Corridor grant matching requirement: RCW 47.26.275.
Expense of cost-audit examination of city and town street records payable
from funds withheld under RCW 46.68.110(1): RCW 35.76.050.
Population determination, office of financial management: Chapter 43.62
RCW.
46.68.112 Preservation rating. (Effective if Referendum Bill No. 51 is approved at the November 2002 general
election.) During the 2003-2005 biennium, cities and towns
shall provide to the transportation commission, or its suc[Title 46 RCW—page 241]
46.68.112
Title 46 RCW: Motor Vehicles
cessor entity, preservation rating information on at least
seventy percent of the total city and town arterial network.
Thereafter, the preservation rating information requirement
shall increase in five percent increments in subsequent
biennia. The rating system used by cities and towns must be
based upon the Washington state pavement rating method or
an equivalent standard approved by the transportation
commission or its successor entity. [2002 c 5 § 412.]
Contingency—2002 c 5 §§ 409-412, 415, and 416: See note
following RCW 35.84.060.
Finding—Intent—2002 c 5: See note following RCW 35.84.060.
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
46.68.120 Distribution of amount allocated to
counties—Generally. Funds to be paid to the counties of
the state shall be subject to deduction and distribution as
follows:
(1) One and one-half percent of such funds shall be
deducted monthly as such funds accrue and set aside for the
use of the department of transportation and the county road
administration board for the supervision of work and
expenditures of such counties on the county roads thereof,
including the supervision and administration of federal-aid
programs for which the department of transportation has
responsibility: PROVIDED, That any funds so retained and
not expended shall be credited in the succeeding biennium
to the counties in proportion to deductions herein made;
(2) All sums required to be repaid to counties composed
entirely of islands shall be deducted;
(3) Thirty-three one-hundredths of one percent of such
funds shall be deducted monthly, as such funds accrue, and
set aside for the use of the department of transportation for
the purpose of funding the counties’ share of the costs of
highway jurisdiction studies and other studies. Any funds so
retained and not expended shall be credited in the succeeding
biennium to the counties in proportion to the deductions
made;
(4) The balance of such funds remaining to the credit of
counties after such deductions shall be paid to the several
counties monthly, as such funds accrue, in accordance with
RCW 46.68.122 and 46.68.124. [1991 sp.s. c 15 § 47; 1991
c 342 § 64; 1989 1st ex.s. c 6 § 42; 1987 1st ex.s. c 10 §
38; 1985 c 460 § 33; 1985 c 120 § 1; 1982 c 33 § 1; 1980
c 87 § 44; 1979 c 158 § 185; 1977 ex.s. c 151 § 42; 1975
1st ex.s. c 100 § 2; 1973 1st ex.s. c 195 § 47; 1972 ex.s. c
103 § 1; 1967 c 32 § 75; 1965 ex.s. c 120 § 12; 1961 c 12
§ 46.68.120. Prior: 1957 c 109 § 1; 1955 c 243 § 1; 1949
c 143 § 2; 1945 c 260 § 1; 1943 c 83 § 3; 1939 c 181 § 5;
Rem. Supp. 149 § 6600-2a.]
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
Effective dates—1991 c 342: See note following RCW 47.26.167.
Severability—1989 1st ex.s. c 6: See note following RCW
46.68.110.
Severability—1987 1st ex.s. c 10: See note following RCW
46.68.110.
Severability—1985 c 460: See note following RCW 46.68.110.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070, 47.98.080.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
[Title 46 RCW—page 242]
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
County road administration board—Expenses to be paid from motor vehicle
fund—Disbursement procedure: RCW 36.78.110.
46.68.122 Distribution of amount to counties—
Factors of distribution formula. Funds to be paid to the
several counties pursuant to RCW 46.68.120(4) shall be
allocated among them upon the basis of a distribution
formula consisting of the following four factors:
(1) An equal distribution factor of ten percent of such
funds shall be paid to each county;
(2) A population factor of thirty percent of such funds
shall be paid to each county in direct proportion that the
county’s total equivalent population, as computed pursuant
to RCW 46.68.124(1), is to the total equivalent population of
all counties;
(3) A road cost factor of thirty percent of such funds
shall be paid to each county in direct proportion that the
county’s total annual road cost, as computed pursuant to
RCW 46.68.124(2), is to the total annual road costs of all
counties;
(4) A money need factor of thirty percent of such funds
shall be paid to each county in direct proportion that the
county’s money need factor, as computed pursuant to RCW
46.68.124(3), is to the total of money need factors of all
counties. [1982 c 33 § 2.]
46.68.124 Distribution of amount to counties—
Population, road cost, money need, computed—Allocation
percentage adjustment. (1) The equivalent population for
each county shall be computed as the sum of the population
residing in the county’s unincorporated area plus twenty-five
percent of the population residing in the county’s incorporated area. Population figures required for the computations in
this subsection shall be certified by the director of the office
of financial management on or before July 1st of each oddnumbered year.
(2) The total annual road cost for each county shall be
computed as the sum of one twenty-fifth of the total estimated county road replacement cost, plus the total estimated
annual maintenance cost. Appropriate costs for bridges and
ferries shall be included. The county road administration
board shall be responsible for establishing a uniform system
of roadway categories for both maintenance and construction
and also for establishing a single statewide cost per mile rate
for each roadway category. The total annual cost for each
county will be based on the established statewide cost per
mile and associated mileage for each category. The mileage
to be used for these computations shall be as shown in the
county road log as maintained by the county road administration board as of July 1, 1985, and each two years thereafter. Each county shall be responsible for submitting changes, corrections, and deletions as regards the county road log
to the county road administration board. Such changes,
corrections, and deletions shall be subject to verification and
approval by the county road administration board prior to inclusion in the county road log.
(3) The money need factor for each county shall be the
county’s total annual road cost less the following four
amounts:
(a) One-half the sum of the actual county road tax
levied upon the valuation of all taxable property within the
(2002 Ed.)
Disposition of Revenue
county road districts pursuant to RCW 36.82.040, including
any amount of such tax diverted under chapter 39.89 RCW,
for the two calendar years next preceding the year of
computation of the allocation amounts as certified by the
department of revenue;
(b) One-half the sum of all funds received by the county
road fund from the federal forest reserve fund pursuant to
RCW 28A.520.010 and 28A.520.020 during the two calendar
years next preceding the year of computation of the allocation amounts as certified by the state treasurer;
(c) One-half the sum of timber excise taxes received by
the county road fund pursuant to chapter 84.33 RCW in the
two calendar years next preceding the year of computation
of the allocation amounts as certified by the state treasurer;
(d) One-half the sum of motor vehicle license fees and
motor vehicle and special fuel taxes refunded to the county,
pursuant to RCW 46.68.080 during the two calendar years
next preceding the year of computation of the allocation
amounts as certified by the state treasurer.
(4) The state treasurer and the department of revenue
shall furnish to the county road administration board the
information required by subsection (3) of this section on or
before July 1st of each odd-numbered year.
(5) The county road administration board, shall compute
and provide to the counties the allocation factors of the
several counties on or before September 1st of each year
based solely upon the sources of information herein before
required: PROVIDED, That the allocation factor shall be
held to a level not more than five percent above or five
percent below the allocation factor in use during the previous
calendar year. Upon computation of the actual allocation
factors of the several counties, the county road administration board shall provide such factors to the state treasurer to
be used in the computation of the counties’ fuel tax allocation for the succeeding calendar year. The state treasurer
shall adjust the fuel tax allocation of each county on January
1st of every year based solely upon the information provided
by the county road administration board. [2001 c 212 § 28;
1990 c 33 § 586. Prior: 1985 c 120 § 2; 1985 c 7 § 113;
1982 c 33 § 3.]
Severability—2001 c 212: See RCW 39.89.902.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
46.68.130 Expenditure of balance of motor vehicle
fund. The tax amount distributed to the state in the manner
provided by RCW 46.68.090, and all moneys accruing to the
motor vehicle fund from any other source, less such sums as
are properly appropriated and reappropriated for expenditure
for costs of collection and administration thereof, shall be
expended, subject to proper appropriation and reappropriation, solely for highway purposes of the state, including the
purposes of RCW 47.30.030. For the purposes of this
section, the term "highway purposes of the state" does not
include those expenditures of the Washington state patrol
heretofore appropriated or reappropriated from the motor
vehicle fund. Nothing in this section or in RCW 46.68.090
may be construed so as to violate terms or conditions
contained in highway construction bond issues authorized by
statute as of July 1, 1999, or thereafter and whose payment
is, by the statute, pledged to be paid from excise taxes on
(2002 Ed.)
46.68.124
motor vehicle fuel and special fuels. [1999 c 269 § 4; 1981
c 342 § 11; 1974 ex.s. c 9 § 1; 1972 ex.s. c 103 § 7; 1971
ex.s. c 91 § 6; 1963 c 83 § 1; 1961 ex.s. c 7 § 9; 1961 c 12
§ 46.68.130. Prior: 1957 c 271 § 4; 1957 c 105 § 3; 1941
c 246 § 1; 1939 c 181 § 6; Rem. Supp. 1941 § 6600-26.]
Effective date—1999 c 269: See note following RCW 36.78.070.
Effective date—Severability—1981 c 342: See notes following
RCW 82.36.010.
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
46.68.160 Urban arterial trust account—Created in
motor vehicle fund—Expenditures from. See RCW
47.26.080.
46.68.170 RV account—Use for sanitary disposal
systems. There is hereby created in the motor vehicle fund
the RV account. All moneys hereafter deposited in said
account shall be used by the department of transportation for
the construction, maintenance, and operation of recreational
vehicle sanitary disposal systems at safety rest areas in
accordance with the department’s highway system plan as
prescribed in chapter 47.06 RCW. [1996 c 237 § 2; 1980 c
60 § 3.]
Effective date—1980 c 60: See note following RCW 47.38.050.
Additional license fees for recreational vehicles: RCW 46.16.063.
46.68.210 Puyallup tribal settlement account. (1)
The Puyallup tribal settlement account is hereby created in
the motor vehicle fund. All moneys designated by the
"Agreement between the Puyallup Tribe of Indians, local
governments in Pierce county, the state of Washington, the
United States of America, and certain private property
owners," dated August 27, 1988, (the "agreement") for use
by the department of transportation on the Blair project as
described in the agreement shall be deposited into the
account, including but not limited to federal appropriations
for the Blair project, and appropriations contained in section
34, chapter 6, Laws of 1989 1st ex. sess. and section 709,
chapter 19, Laws of 1989 1st ex. sess.
(2) All moneys deposited into the account shall be
expended by the department of transportation pursuant to
appropriation solely for the Blair project as described in the
agreement. [1991 sp.s. c 13 § 104; 1990 c 42 § 411.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
46.68.220 Department of licensing services account.
The department of licensing services account is created in
the motor vehicle fund. All receipts from service fees
received under RCW 46.01.140(4)(b) shall be deposited into
the account. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used
only for information and service delivery systems for the
department, and for reimbursement of county licensing
activities. [1992 c 216 § 5.]
46.68.230 Transfer of funds under government
service agreement. Funds that are distributed to counties,
cities, or towns pursuant to this chapter may be transferred
[Title 46 RCW—page 243]
46.68.230
Title 46 RCW: Motor Vehicles
by the recipient county, city, or town to another unit of local
government pursuant to a government service agreement as
provided in RCW 36.115.040 and 36.115.050. [1994 c 266
§ 9.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
46.68.240 Highway infrastructure account. The
highway infrastructure account is hereby created in the motor
vehicle fund. Public and private entities may deposit
moneys in the highway infrastructure account from federal,
state, local, or private sources. Proceeds from bonds or
other financial instruments sold to finance surface transportation projects from the highway infrastructure account shall
be deposited into the account. Principal and interest payments made on loans from the highway infrastructure
account shall be deposited into the account. Moneys in the
account shall be available for purposes specified in RCW
82.44.195. Expenditures from the highway infrastructure
account shall be subject to appropriation by the legislature.
To the extent required by federal law or regulations promulgated by the United States secretary of transportation, the
state treasurer is authorized to create separate subaccounts
within the highway infrastructure account. [1996 c 262 § 3.]
Sections
46.70.005
46.70.011
46.70.021
46.70.023
46.70.025
46.70.027
Transportation infrastructure account—Highway infrastructure
account—Finding—Intent—Purpose—1996 c 262: See RCW 82.44.195.
Effective date—1996 c 262: See note following RCW 82.44.190.
46.70.045
46.70.051
46.68.250 Vehicle licensing fraud account. The
vehicle licensing fraud account is created in the state
treasury. From penalties and fines imposed under RCW
46.16.010, 47.68.255, and 88.02.118, an amount equal to the
taxes and fees owed shall be deposited into the account.
Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for
vehicle license fraud enforcement and collections by the
Washington state patrol and the department of revenue.
[1996 c 184 § 6.]
Chapter 46.70
DEALERS AND MANUFACTURERS
(Formerly: Unfair business practices—Dealers’ licenses)
46.70.028
46.70.029
46.70.031
46.70.041
46.70.042
46.70.061
46.70.070
46.70.075
46.70.079
46.70.083
46.70.085
46.70.090
46.70.101
46.70.102
46.70.111
Effective date—1996 c 184: See note following RCW 46.16.010.
46.68.260 Impaired driving safety account. The
impaired driving safety account is created in the custody of
the state treasurer. All receipts from fees collected under
RCW 46.20.311 (1)(b)(ii), (2)(b)(ii), and (3)(b) shall be
deposited according to RCW 46.68.041. Expenditures from
this account may be used only to fund projects to reduce
impaired driving and to provide funding to local governments for costs associated with enforcing laws relating to
driving and boating while under the influence of intoxicating
liquor or any drug. The account is subject to allotment
procedures under chapter 43.88 RCW. Moneys in the account may be spent only after appropriation. [1998 c 212 §
2.]
46.68.270 Freight mobility account. (Effective
December 30, 2002, if Referendum Bill No. 51 is approved
at the November 2002 general election.) The freight mobility account is created in the state treasury. Money in the
account may be spent only after appropriation. Expenditures
from the account may be used only for the purpose of
roadway improvement projects to facilitate freight movement. [2002 c 202 § 204.]
[Title 46 RCW—page 244]
46.70.115
46.70.120
46.70.122
46.70.124
46.70.125
46.70.130
46.70.132
46.70.134
46.70.135
46.70.136
46.70.137
46.70.140
46.70.160
46.70.170
46.70.180
46.70.183
46.70.190
46.70.220
46.70.230
46.70.240
46.70.250
Declaration of purpose.
Definitions.
License required for dealers or manufacturers—Penalties.
Place of business.
Established place of business—Waiver of requirements.
Accountability of dealer for employees—Actions for damages on violation of chapter.
Consignment.
Listing dealers, transaction of business.
Application for license—Form.
Application for license—Contents.
Application for license—Retention by department—
Confidentiality.
Denial of license.
Issuance of license—Private party dissemination of vehicle
data base.
Fees—Disposition.
Dealers—Bond required, exceptions—Actions—Cancellation
of license.
Manufacturers—Bond required—Actions—Cancellation of
license.
Education requirements.
Expiration of license—Renewal—Certification of established
place of business.
Licenses—Staggered renewal.
License plates—Use.
Denial, suspension, or revocation of licenses—Grounds.
Denial, suspension, or revocation of licenses—Notice, hearing, procedure.
Investigations or proceedings—Powers of director or
designees—Penalty.
Cease and desist orders—"Curbstoning," penalty.
Record of transactions.
Duty when purchaser or transferee is a dealer.
Evidence of ownership for dealers’ used vehicles—
Consignments.
Used vehicles—Asking price, posting or disclosure.
Details of charges must be furnished buyer or mortgagor.
Manufactured home sale—Implied warranty.
Manufactured home installation—Warranty, state installation
code.
Mobile homes—Warranties and inspections—Delivery—
Occupancy—Advertising of dimensions.
Manufactured homes—Warranty disputes.
Violations relating to mobile/manufactured homes.
Handling "hot" vehicles—Unreported motor "switches"—
Unauthorized use of dealer plates—Penalty.
Rules and regulations.
Penalty for violations.
Unlawful acts and practices.
Notice of bankruptcy proceedings.
Civil actions for violations—Injunctions—Claims under
Federal Automobile Dealer Franchise Act—Time limitation.
Duties of attorney general and prosecuting attorneys to act
on violations—Limitation of civil actions.
Duties of attorney general and prosecuting attorneys to act
on violations—Assurance of compliance—Filing.
Penalties—Jurisdiction.
Personal service of process outside state.
(2002 Ed.)
Dealers and Manufacturers
46.70.260
Application of chapter to existing and future franchises and
contracts.
46.70.270 Provisions of chapter cumulative—Violation of RCW
46.70.180 deemed civil.
46.70.290 Mobile homes and persons engaged in distribution and sale.
46.70.300 Chapter exclusive—Local business and occupation tax not
prevented.
46.70.310 Consumer Protection Act.
46.70.320 Buyer’s agents.
46.70.330 Wholesale motor vehicle auction dealers.
46.70.900 Liberal construction.
46.70.910 Severability—1967 ex.s. c 74.
46.70.920 Severability—1973 1st ex.s. c 132.
Automotive repair: Chapter 46.71 RCW.
False or deceptive advertising: Chapter 9.04 RCW.
Lemon Law—Motor vehicle express warranties: Chapter 19.118 RCW.
Manufactured home safety and construction standards, inspections: RCW
43.22.431 through 43.22.434.
Retail installment sales of goods: Chapter 63.14 RCW.
Unfair business practices—Consumer protection: Chapter 19.86 RCW.
46.70.005 Declaration of purpose. The legislature
finds and declares that the distribution, sale, and lease of
vehicles in the state of Washington vitally affects the general
economy of the state and the public interest and the public
welfare, and that in order to promote the public interest and
the public welfare, and in the exercise of its police power, it
is necessary to regulate and license vehicle manufacturers,
distributors, or wholesalers and factory or distributor
representatives, and to regulate and license dealers of
vehicles doing business in Washington, in order to prevent
frauds, impositions, and other abuses upon its citizens and to
protect and preserve the investments and properties of the
citizens of this state. [2001 c 272 § 1; 1986 c 241 § 1; 1973
1st ex.s. c 132 § 1; 1967 ex.s. c 74 § 1.]
Reviser’s note: Throughout chapter 46.70 RCW the phrases "this act"
and "this amendatory act" have been changed to "this chapter." This 1967
act or amendatory act [1967 ex.s. c 74] consisted of RCW 46.70.005
through 46.70.042, 46.70.051, 46.70.061, 46.70.081 through 46.70.083,
46.70.101 through 46.70.111, and 46.70.180 through 46.70.910, the 1967
amendments to RCW 46.70.060 and 46.70.070, and the repeal of RCW
46.70.010 through 46.70.050, 46.70.080, 46.70.100, and 46.70.110.
Emergency—Effective date—1967 ex.s. c 74: "This act is necessary
for the immediate preservation of the public peace, health and safety, the
support of the state government and its existing public institutions, and
sections 1 through 3 and sections 16 through 25 shall take effect immediately. Sections 4 through 15 and sections 26 through 30 inclusive shall take
effect on July 1, 1967." [1967 ex.s. c 74 § 31.]
46.70.011 Definitions. As used in this chapter:
(1) "Vehicle" means and includes every device capable
of being moved upon a public highway and in, upon, or by
which any persons or property is or may be transported or
drawn upon a public highway, excepting devices moved by
human or animal power or used exclusively upon stationary
rails or tracks.
(2) "Motor vehicle" means every vehicle which is selfpropelled and every vehicle which is propelled by electric
power obtained from overhead trolley wires, but not operated
upon rails, and which is required to be registered and titled
under Title 46 RCW, Motor Vehicles.
(3) "Vehicle dealer" means any person, firm, association, corporation, or trust, not excluded by subsection (4) of
this section, engaged in the business of buying, selling,
listing, exchanging, offering, brokering, leasing with an
(2002 Ed.)
Chapter 46.70
option to purchase, auctioning, soliciting, or advertising the
sale of new or used vehicles, or arranging or offering or
attempting to solicit or negotiate on behalf of others, a sale,
purchase, or exchange of an interest in new or used motor
vehicles, irrespective of whether the motor vehicles are
owned by that person. Vehicle dealers shall be classified as
follows:
(a) A "motor vehicle dealer" is a vehicle dealer that
deals in new or used motor vehicles, or both;
(b) A "mobile home and travel trailer dealer" is a
vehicle dealer that deals in mobile homes, park trailers, or
travel trailers, or more than one type of these vehicles;
(c) A "miscellaneous vehicle dealer" is a vehicle dealer
that deals in motorcycles or vehicles other than motor
vehicles or mobile homes and travel trailers or any combination of such vehicles.
(4) The term "vehicle dealer" does not include, nor do
the licensing requirements of RCW 46.70.021 apply to, the
following persons, firms, associations, or corporations:
(a) Receivers, trustees, administrators, executors,
guardians, or other persons appointed by, or acting under a
judgment or order of, any court; or
(b) Public officers while performing their official duties;
or
(c) Employees of vehicle dealers who are engaged in the
specific performance of their duties as such employees; or
(d) Any person engaged in an isolated sale of a vehicle
in which that person is the registered or legal owner, or both,
thereof; or
(e) Any person, firm, association, corporation, or trust,
engaged in the selling of equipment other than vehicles,
subject to registration, used for agricultural or industrial
purposes; or
(f) A real estate broker licensed under chapter 18.85
RCW, or an affiliated licensee, who, on behalf of another
negotiates the purchase, sale, lease, or exchange of a
manufactured or mobile home in conjunction with the
purchase, sale, exchange, rental, or lease of the land upon
which the manufactured or mobile home is, or will be,
located; or
(g) Owners who are also operators of the special
highway construction equipment or of the highway construction equipment for which a vehicle license and display
vehicle license number plate is required as defined in RCW
46.16.010; or
(h) Any bank, trust company, savings bank, mutual
savings bank, savings and loan association, credit union, and
any parent, subsidiary, or affiliate thereof, authorized to do
business in this state under state or federal law with respect
to the sale or other disposition of a motor vehicle owned and
used in their business; or with respect to the acquisition and
sale or other disposition of a motor vehicle in which the
entity has acquired an interest as a lessor, lessee, or secured
party; or
(i) Any person who is regularly engaged in the business
of acquiring leases or installment contracts by assignment,
with respect to the acquisition and sale or other disposition
of a motor vehicle in which the person has acquired an
interest as a result of the business.
(5) "Vehicle salesperson" means any person who for any
form of compensation sells, auctions, leases with an option
[Title 46 RCW—page 245]
46.70.011
Title 46 RCW: Motor Vehicles
to purchase, or offers to sell or to so lease vehicles on behalf
of a vehicle dealer.
(6) "Department" means the department of licensing,
which shall administer and enforce the provisions of this
chapter.
(7) "Director" means the director of licensing.
(8) "Manufacturer" means any person, firm, association,
corporation, or trust, resident or nonresident, who manufactures or assembles new and unused vehicles or remanufactures vehicles in whole or in part and further includes the
terms:
(a) "Distributor," which means any person, firm,
association, corporation, or trust, resident or nonresident,
who in whole or in part offers for sale, sells, or distributes
any new and unused vehicle to vehicle dealers or who
maintains factory representatives.
(b) "Factory branch," which means a branch office
maintained by a manufacturer for the purpose of selling or
offering for sale, vehicles to a distributor, wholesaler, or
vehicle dealer, or for directing or supervising in whole or in
part factory or distributor representatives, and further
includes any sales promotion organization, whether a person,
firm, or corporation, which is engaged in promoting the sale
of new and unused vehicles in this state of a particular brand
or make to vehicle dealers.
(c) "Factory representative," which means a representative employed by a manufacturer, distributor, or factory
branch for the purpose of making or promoting for the sale
of their vehicles or for supervising or contracting with their
dealers or prospective dealers.
(9) "Established place of business" means a location
meeting the requirements of RCW 46.70.023(1) at which a
vehicle dealer conducts business in this state.
(10) "Principal place of business" means that dealer
firm’s business location in the state, which place the dealer
designates as their principal place of business.
(11) "Subagency" means any place of business of a
vehicle dealer within the state, which place is physically and
geographically separated from the principal place of business
of the firm or any place of business of a vehicle dealer
within the state, at which place the firm does business using
a name other than the principal name of the firm, or both.
(12) "Temporary subagency" means a location other
than the principal place of business or subagency within the
state where a licensed vehicle dealer may secure a license to
conduct the business and is licensed for a period of time not
to exceed ten days for a specific purpose such as auto
shows, shopping center promotions, tent sales, exhibitions,
or similar merchandising ventures. No more than six
temporary subagency licenses may be issued to a licensee in
any twelve-month period.
(13) "Wholesale vehicle dealer" means a vehicle dealer
who buys and sells other than at retail.
(14) "Retail vehicle dealer" means a vehicle dealer who
may buy and sell at both wholesale and retail.
(15) "Listing dealer" means a used mobile home dealer
who makes contracts with sellers who will compensate the
dealer for obtaining a willing purchaser for the seller’s
mobile home.
(16) "Auction" means a transaction conducted by means
of exchanges between an auctioneer and the members of the
audience, constituting a series of oral invitations for offers
[Title 46 RCW—page 246]
for the purchase of vehicles made by the auctioneer, offers
to purchase by members of the audience, and the acceptance
of the highest or most favorable offer to purchase.
(17) "Auction company" means a sole proprietorship,
partnership, corporation, or other legal or commercial entity
licensed under chapter 18.11 RCW that only sells or offers
to sell vehicles at auction or only arranges or sponsors
auctions.
(18) "Buyer’s agent" means any person, firm, partnership, association, limited liability company, limited liability
partnership, or corporation retained or employed by a
consumer to arrange for or to negotiate, or both, the purchase or lease of a new motor vehicle on behalf of the
consumer, and who is paid a fee or receives other compensation from the consumer for its services.
(19) "New motor vehicle" means any motor vehicle that
is self-propelled and is required to be registered and titled
under Title 46 RCW, has not been previously titled to a
retail purchaser or lessee, and is not a "used vehicle" as
defined under RCW 46.04.660. [2001 c 272 § 2; 1998 c 46
§ 1; 1996 c 194 § 1; 1993 c 175 § 1. Prior: 1989 c 337 §
11; 1989 c 301 § 1; 1988 c 287 § 1; 1986 c 241 § 2; 1981
c 305 § 2; 1979 c 158 § 186; 1979 c 11 § 3; prior: 1977
ex.s. c 204 § 2; 1977 ex.s. c 125 § 1; 1973 1st ex.s. c 132
§ 2; 1969 ex.s. c 63 § 1; 1967 ex.s. c 74 § 3.]
46.70.021 License required for dealers or manufacturers—Penalties. It is unlawful for any person, firm, or
association to act as a vehicle dealer or vehicle manufacturer, to engage in business as such, serve in the capacity of
such, advertise himself, herself, or themselves as such, solicit
sales as such, or distribute or transfer vehicles for resale in
this state, without first obtaining and holding a current
license as provided in this chapter, unless the title of the
vehicle is in the name of the seller. It is unlawful for any
person other than a licensed vehicle dealer to display a
vehicle for sale unless the registered owner or legal owner
is the displayer or holds a notarized power of attorney. A
person or firm engaged in buying and offering for sale, or
buying and selling five or more vehicles in a twelve-month
period, or in any other way engaged in dealer activity
without holding a vehicle dealer license, is guilty of a gross
misdemeanor, and upon conviction is subject to a fine of up
to five thousand dollars for each violation and up to one year
in jail. A second offense is a class C felony punishable
under chapter 9A.20 RCW. A violation of this section is
also a per se violation of chapter 19.86 RCW and is considered a deceptive practice. The department of licensing, the
Washington state patrol, the attorney general’s office, and
the department of revenue shall cooperate in the enforcement
of this section. A distributor, factory branch, or factory
representative shall not be required to have a vehicle
manufacturer license so long as the vehicle manufacturer so
represented is properly licensed pursuant to this chapter.
Nothing in this chapter prohibits financial institutions from
cooperating with vehicle dealers licensed under this chapter
in dealer sales or leases. However, financial institutions
shall not broker vehicles and cooperation is limited to
organizing, promoting, and financing of such dealer sales or
leases. [1993 c 307 § 4; 1988 c 287 § 2; 1986 c 241 § 3;
1973 1st ex.s. c 132 § 3; 1967 ex.s. c 74 § 4.]
(2002 Ed.)
Dealers and Manufacturers
46.70.023 Place of business. (1) An "established
place of business" requires a permanent, enclosed commercial building located within the state of Washington easily
accessible at all reasonable times. The business of a vehicle
dealer must be lawfully carried on at an established place of
business in accordance with the terms of all applicable
building code, zoning, and other land-use regulatory ordinances. A vehicle dealer may display a vehicle for sale only
at its established place of business, licensed subagency, or
temporary subagency site, except at auction. The dealer
shall keep the building open to the public so that the public
may contact the vehicle dealer or the dealer’s salespersons
at all reasonable times. The books, records, and files
necessary to conduct the business shall be kept and maintained at that place. The established place of business shall
display an exterior sign with the business name and nature
of the business, such as auto sales, permanently affixed to
the land or building, with letters clearly visible to the major
avenue of traffic. A room or rooms in a hotel, rooming
house, or apartment house building or part of a single or
multiple-unit dwelling house may not be considered an
"established place of business" unless the ground floor of
such a dwelling is devoted principally to and occupied for
commercial purposes and the dealer offices are located on
the ground floor. A mobile office or mobile home may be
used as an office if it is connected to utilities and is set up
in accordance with state law. A statewide trade association
representing manufactured housing dealers shall be permitted
to use a manufactured home as an office if the office
complies with all other applicable building code, zoning, and
other land-use regulatory ordinances. This subsection does
not apply to auction companies that do not own vehicle
inventory or sell vehicles from an auction yard.
(2) An auction company shall have office facilities
within the state. The books, records, and files necessary to
conduct the business shall be maintained at the office
facilities. All storage facilities for inventory shall be listed
with the department, and shall meet local zoning and land
use ordinances. An auction company shall maintain a
telecommunications system.
(3) Auction companies shall post their vehicle dealer
license at each auction where vehicles are offered, and shall
provide the department with the address of the auction at
least three days before the auction.
(4) If a dealer maintains a place of business at more
than one location or under more than one name in this state,
he or she shall designate one location as the principal place
of business of the firm, one name as the principal name of
the firm, and all other locations or names as subagencies. A
subagency license is required for each and every subagency:
PROVIDED, That the department may grant an exception to
the subagency requirement in the specific instance where a
licensed dealer is unable to locate their used vehicle sales
facilities adjacent to or at the established place of business.
This exception shall be granted and defined under the
promulgation of rules consistent with the Administrative
Procedure Act.
(5) All vehicle dealers shall maintain ownership or
leasehold throughout the license year of the real property
from which they do business. The dealer shall provide the
department with evidence of ownership or leasehold whenever the ownership changes or the lease is terminated.
(2002 Ed.)
46.70.023
(6) A subagency shall comply with all requirements of
an established place of business, except that subagency
records may be kept at the principal place of business
designated by the dealer. Auction companies shall comply
with the requirements in subsection (2) of this section.
(7) A temporary subagency shall meet all local zoning
and building codes for the type of merchandising being
conducted. The dealer license certificate shall be posted at
the location. No other requirements of an established place
of business apply to a temporary subagency. Auction
companies are not required to obtain a temporary subagency
license.
(8) A wholesale vehicle dealer shall have office facilities in a commercial building within this state, and all
storage facilities for inventory shall be listed with the
department, and shall meet local zoning and land use
ordinances. A wholesale vehicle dealer shall maintain a
telecommunications system. An exterior sign visible from
the nearest street shall identify the business name and the
nature of business. When two or more vehicle dealer
businesses share a location, all records, office facilities, and
inventory, if any, must be physically segregated and clearly
identified.
(9) A retail vehicle dealer shall be open during normal
business hours, maintain office and display facilities in a
commercially zoned location or in a location complying with
all applicable building and land use ordinances, and maintain
a business telephone listing in the local directory. When two
or more vehicle dealer businesses share a location, all
records, office facilities, and inventory shall be physically
segregated and clearly identified.
(10) A subagency license is not required for a mobile
home dealer to display an on-site display model, a consigned
mobile home not relocated from its site, or a repossessed
mobile home if sales are handled from a principal place of
business or subagency. A mobile home dealer shall identify
on-site display models, repossessed mobile homes, and those
consigned at their sites with a sign that includes the dealer’s
name and telephone number.
(11) Every vehicle dealer shall advise the department of
the location of each and every place of business of the firm
and the name or names under which the firm is doing
business at such location or locations. If any name or
location is changed, the dealer shall notify the department of
such change within ten days. The license issued by the
department shall reflect the name and location of the firm
and shall be posted in a conspicuous place at that location by
the dealer.
(12) A vehicle dealer’s license shall upon the death or
incapacity of an individual vehicle dealer authorize the
personal representative of such dealer, subject to payment of
license fees, to continue the business for a period of six
months from the date of the death or incapacity. [1997 c
432 § 1; 1996 c 282 § 1; 1995 c 7 § 1; 1993 c 307 § 5;
1991 c 339 § 28; 1989 c 301 § 2; 1986 c 241 § 4.]
46.70.025 Established place of business—Waiver of
requirements. The director may by rule waive any requirements pertaining to a vehicle dealer’s established place of
business if such waiver both serves the purposes of this
chapter and is necessary due to unique circumstances such
[Title 46 RCW—page 247]
46.70.025
Title 46 RCW: Motor Vehicles
as a location divided by a public street or a highly specialized type of business. [1986 c 199 § 1.]
46.70.027 Accountability of dealer for employees—
Actions for damages on violation of chapter. A vehicle
dealer is accountable for the dealer’s employees, sales personnel, and managerial personnel while in the performance
of their official duties. Any violations of this chapter or
applicable provisions of chapter 46.12 or 46.16 RCW
committed by any of these employees subjects the dealer to
license penalties prescribed under RCW 46.70.101. A retail
purchaser, consignor who is not a motor vehicle dealer, or a
motor vehicle dealer who has purchased from a wholesale
dealer, who has suffered a loss or damage by reason of any
act by a dealer, salesperson, managerial person, or other
employee of a dealership, that constitutes a violation of this
chapter or applicable provisions of chapter 46.12 or 46.16
RCW may institute an action for recovery against the dealer
and the surety bond as set forth in RCW 46.70.070.
However, under this section, motor vehicle dealers who have
purchased from wholesale dealers may only institute actions
against wholesale dealers and their surety bonds. [1989 c
337 § 12; 1986 c 241 § 5.]
46.70.028 Consignment. Dealers who transact dealer
business by consignment shall obtain a consignment contract
for sale and shall comply with applicable provisions of
chapter 46.70 RCW. The dealer shall place all funds
received from the sale of the consigned vehicle in a trust
account until the sale is completed, except that the dealer
shall pay any outstanding liens against the vehicle from these
funds. Where title has been delivered to the purchaser, the
dealer shall pay the amount due a consignor within ten days
after the sale. However, in the case of a consignment from
a licensed vehicle dealer from any state, the wholesale auto
auction shall pay the consignor within twenty days. [2000
c 131 § 2; 1989 c 337 § 13.]
Severability—2000 c 131: See note following RCW 46.70.115.
46.70.029 Listing dealers, transaction of business.
Listing dealers shall transact dealer business by obtaining a
listing agreement for sale, and the buyer’s purchase of the
mobile home shall be handled as dealer inventory. All funds
from the purchaser shall be placed in a trust account until
the sale is completed, except that the dealer shall pay any
outstanding liens against the mobile home from these funds.
Where title has been delivered to the purchaser, the listing
dealer shall pay the amount due a seller within ten days after
the sale of a listed mobile home. A complete account of all
funds received and disbursed shall be given to the seller or
consignor after the sale is completed. The sale of listed
mobile homes imposes the same duty under RCW 46.70.122
on the listing dealer as any other sale. [2001 c 64 § 8; 1990
c 250 § 63; 1986 c 241 § 6.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.70.031 Application for license—Form. A vehicle
dealer or vehicle manufacturer may apply for a license by
filing with the department an application in such form as the
department may prescribe. [1986 c 241 § 7; 1973 1st ex.s.
c 132 § 4; 1967 ex.s. c 74 § 5.]
[Title 46 RCW—page 248]
46.70.041 Application for license—Contents. (1)
Every application for a vehicle dealer license shall contain
the following information to the extent it applies to the
applicant:
(a) Proof as the department may require concerning the
applicant’s identity, including but not limited to his or her
fingerprints, the honesty, truthfulness, and good reputation of
the applicant for the license, or of the officers of a corporation making the application;
(b) The applicant’s form and place of organization
including if the applicant is a corporation, proof that the
corporation is licensed to do business in this state;
(c) The qualification and business history of the applicant and any partner, officer, or director;
(d) The applicant’s financial condition or history
including a bank reference and whether the applicant or any
partner, officer, or director has ever been adjudged bankrupt
or has any unsatisfied judgment in any federal or state court;
(e) Whether the applicant has been adjudged guilty of
a crime which directly relates to the business for which the
license is sought and the time elapsed since the conviction
is less than ten years, or has suffered any judgment within
the preceding five years in any civil action involving fraud,
misrepresentation, or conversion and in the case of a
corporation or partnership, all directors, officers, or partners;
(f) A business telephone with a listing in the local
directory;
(g) The name or names of new vehicles the vehicle
dealer wishes to sell;
(h) The names and addresses of each manufacturer from
whom the applicant has received a franchise;
(i) A certificate by a representative of the department,
that the applicant’s principal place of business and each
subagency business location in the state of Washington
meets the location requirements as required by this chapter.
The certificate shall include proof of the applicant’s ownership or lease of the real property where the applicant’s
principal place of business is established;
(j) A copy of a current service agreement with a
manufacturer, or distributor for a foreign manufacturer,
requiring the applicant, upon demand of any customer
receiving a new vehicle warranty to perform or arrange for,
within a reasonable distance of his or her established place
of business, the service repair and replacement work required
of the manufacturer or distributor by such vehicle warranty.
This requirement applies only to applicants seeking to sell,
to exchange, to offer, to auction, to solicit, to advertise, or
to broker new or current-model vehicles with factory or
distributor warranties;
(k) The class of vehicles the vehicle dealer will be
buying, selling, listing, exchanging, offering, brokering,
leasing, auctioning, soliciting, or advertising, and which
classification or classifications the dealer wishes to be
designated as;
(l) Effective July 1, 2002, a certificate from the provider
of each education program or test showing that the applicant
has completed the education programs and passed the test
required under RCW 46.70.079 if the applicant is a dealer
subject to the education and test requirements;
(m) Any other information the department may reasonably require.
(2002 Ed.)
Dealers and Manufacturers
(2) If the applicant is a manufacturer the application
shall contain the following information to the extent it is
applicable to the applicant:
(a) The name and address of the principal place of
business of the applicant and, if different, the name and
address of the Washington state representative of the applicant;
(b) The name or names under which the applicant will
do business in the state of Washington;
(c) Evidence that the applicant is authorized to do
business in the state of Washington;
(d) The name or names of the vehicles that the licensee
manufactures;
(e) The name or names and address or addresses of each
and every distributor, factory branch, and factory representative;
(f) The name or names and address or addresses of
resident employees or agents to provide service or repairs to
vehicles located in the state of Washington only under the
terms of any warranty attached to new or unused vehicles
manufactured, unless such manufacturer requires warranty
service to be performed by all of its dealers pursuant to a
current service agreement on file with the department;
(g) Any other information the department may reasonably require. [2001 c 272 § 3. Prior: 1993 c 307 § 6; 1993
c 175 § 2; 1990 c 250 § 64; 1986 c 241 § 8; 1979 c 158 §
187; 1977 ex.s. c 125 § 2; 1973 1st ex.s. c 132 § 5; 1971
ex.s. c 74 § 1; 1969 ex.s. c 63 § 2; 1967 ex.s. c 74 § 6.]
Severability—1990 c 250: See note following RCW 46.16.301.
Requirements of "established place of business": RCW 46.70.023.
46.70.042 Application for license—Retention by
department—Confidentiality. Every application for license
shall be retained by the department for a period of three
years and shall be confidential information for the use of the
department, the attorney general or the prosecuting attorney
only: PROVIDED, That upon a showing of good cause
therefor any court in which an action is pending by or
against the applicant or licensee, may order the director to
produce and permit the inspection and copying or photographing the application and any accompanying statements.
[1967 ex.s. c 74 § 14.]
46.70.045 Denial of license. The director may deny
a license under this chapter when the application is a
subterfuge that conceals the real person in interest whose
license has been denied, suspended, or revoked for cause
under this chapter and the terms have not been fulfilled or a
civil penalty has not been paid, or the director finds that the
application was not filed in good faith. This section does
not preclude the department from taking an action against a
current licensee. [1997 c 432 § 2.]
46.70.051 Issuance of license—Private party
dissemination of vehicle data base. (1) After the application has been filed, the fee paid, and bond posted, if required, the department shall, if no denial order is in effect
and no proceeding is pending under RCW 46.70.101, issue
the appropriate license, which license, in the case of a
vehicle dealer, shall designate the classification of the dealer.
Nothing prohibits a vehicle dealer from obtaining licenses
(2002 Ed.)
46.70.041
for more than one classification, and nothing prevents any
vehicle dealer from dealing in other classes of vehicles on an
isolated basis.
(2) An auction company licensed under chapter 18.11
RCW may sell at auction all classifications of vehicles under
a motor vehicle dealer’s license issued under this chapter
including motor vehicles, miscellaneous type vehicles, and
mobile homes and travel trailers.
(3) At the time the department issues a vehicle dealer
license, the department shall provide to the dealer a current,
up-to-date vehicle dealer manual that may be provided
electronically setting forth the various statutes and rules
applicable to vehicle dealers. In addition, at the time any
such license is renewed under RCW 46.70.083, the department shall provide the dealer with any updates or current
revisions to the vehicle dealer manual. These updates or
current revisions may be provided electronically.
(4) The department may contract with responsible
private parties to provide them elements of the vehicle data
base on a regular basis. The private parties may only disseminate this information to licensed vehicle dealers.
(a) Subject to the disclosure agreement provisions of
RCW 46.12.380 and the requirements of Executive Order
97-01, the department may provide to the contracted private
parties the following information:
(i) All vehicle and title data necessary to accurately
disclose known title defects, brands, or flags and odometer
discrepancies;
(ii) All registered and legal owner information necessary
to determine true ownership of the vehicle and the existence
of any recorded liens, including but not limited to liens of
the department of social and health services or its successor;
and
(iii) Any data in the department’s possession necessary
to calculate the motor vehicle excise tax, license, and
registration fees including information necessary to determine the applicability of regional transit authority excise and
use tax surcharges.
(b) The department may provide this information in any
form the contracted private party and the department agree
upon, but if the data is to be transmitted over the Internet or
similar public network from the department to the contracted
private party, it must be encrypted.
(c) The department shall give these contracted private
parties advance written notice of any change in the information referred to in (a)(i), (ii), or (iii) of this subsection,
including information pertaining to the calculation of motor
vehicle excise taxes.
(d) The department shall revoke a contract made under
this subsection (4) with a private party who disseminates
information from the vehicle data base to anyone other than
a licensed vehicle dealer. A private party who obtains
information from the vehicle data base under a contract with
the department and disseminates any of that information to
anyone other than a licensed vehicle dealer is guilty of a
gross misdemeanor punishable under chapter 9A.20 RCW.
(e) Nothing in this subsection (4) authorizes a vehicle
dealer or any other organization or entity not otherwise
appointed as a vehicle licensing subagent under RCW
46.01.140 to perform any of the functions of a vehicle
licensing subagent so appointed. [2001 c 272 § 4; 1997 c
432 § 4; 1996 c 282 § 2; 1993 c 307 § 7; 1989 c 301 § 3;
[Title 46 RCW—page 249]
46.70.051
Title 46 RCW: Motor Vehicles
1973 1st ex.s. c 132 § 6; 1971 ex.s. c 74 § 2; 1967 ex.s. c
74 § 7.]
46.70.061 Fees—Disposition. (1) The annual fees for
original licenses issued for twelve consecutive months from
the date of issuance under this chapter shall be:
(a) Vehicle dealers, principal place of business for each
and every license classification: Seven hundred fifty dollars;
(b) Vehicle dealers, each subagency, and temporary
subagency: One hundred dollars;
(c) Vehicle manufacturers: Five hundred dollars.
(2) The annual fee for renewal of any license issued
pursuant to this chapter shall be:
(a) Vehicle dealers, principal place of business for each
and every license classification: Two hundred fifty dollars;
(b) Vehicle dealer, each and every subagency: Twentyfive dollars;
(c) Vehicle manufacturers: Two hundred fifty dollars.
If any licensee fails or neglects to apply for such
renewal within thirty days after the expiration of the license,
or assigned renewal date under a staggered licensing system,
the license shall be declared canceled by the director, in
which case the licensee will be required to apply for an
original license and pay the fee required for the original
license.
(3) The fee for the transfer to another location of any
license classification issued pursuant to this chapter shall be
twenty-five dollars.
(4) The fee for vehicle dealer license plates and manufacturer license plates shall be the amount required by law
for vehicle license plates exclusive of excise tax and gross
weight and tonnage fees.
(5) All fees collected under this chapter shall be
deposited in the state treasury and credited to the motor
vehicle fund.
(6) The fees prescribed in this section are in addition to
any excise taxes imposed by chapter 82.44 RCW. [2002 c
352 § 23; 1990 c 250 § 65; 1986 c 241 § 10; 1986 c 241 §
9; 1979 ex.s. c 251 § 1; 1973 1st ex.s. c 132 § 7; 1967 ex.s.
c 74 § 13.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective dates—1986 c 241: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect immediately, except section 9 of this act shall take effect July 1,
1986, and section 10 of this act shall take effect July 1, 1987." [1986 c 241
§ 28.]
46.70.070 Dealers—Bond required, exceptions—
Actions—Cancellation of license. (1) Before issuing a
vehicle dealer’s license, the department shall require the
applicant to file with the department a surety bond in the
amount of:
(a) Thirty thousand dollars for motor vehicle dealers;
(b) Thirty thousand dollars for mobile home, park
trailer, and travel trailer dealers;
(c) Five thousand dollars for miscellaneous dealers,
running to the state, and executed by a surety company
authorized to do business in the state. Such bond shall be
approved by the attorney general as to form and conditioned
[Title 46 RCW—page 250]
that the dealer shall conduct his or her business in conformity with the provisions of this chapter.
Any retail purchaser, consignor who is not a motor
vehicle dealer, or a motor vehicle dealer who has purchased
from, sold to, or otherwise transacted business with a
wholesale dealer, who has suffered any loss or damage by
reason of any act by a dealer which constitutes a violation of
this chapter shall have the right to institute an action for
recovery against such dealer and the surety upon such bond.
However, under this section, motor vehicle dealers who have
purchased from, sold to, or otherwise transacted business
with wholesale dealers may only institute actions against
wholesale dealers and their surety bonds. Successive
recoveries against said bond shall be permitted, but the
aggregate liability of the surety to all persons shall in no
event exceed the amount of the bond. Upon exhaustion of
the penalty of said bond or cancellation of the bond by the
surety the vehicle dealer license shall automatically be
deemed canceled.
(2) The bond for any vehicle dealer licensed or to be
licensed under more than one classification shall be the
highest bond required for any such classification.
(3) Vehicle dealers shall maintain a bond for each
business location in this state and bond coverage for all
temporary subagencies. [2001 c 272 § 13; 1996 c 194 § 2;
1989 c 337 § 15; 1986 c 241 § 11; 1981 c 152 § 1; 1973 1st
ex.s. c 132 § 8; 1971 ex.s. c 74 § 4; 1967 ex.s. c 74 § 27;
1961 c 239 § 1; 1961 c 12 § 46.70.070. Prior: 1959 c 166
§ 19; 1951 c 150 § 8.]
46.70.075 Manufacturers—Bond required—
Actions—Cancellation of license. Before issuing a manufacturer license to a manufacturer of mobile homes or travel
trailers, the department shall require the applicant to file with
the department a surety bond in the amount of forty thousand dollars in the case of a mobile home manufacturer and
twenty thousand dollars in the case of a travel trailer
manufacturer, running to the state and executed by a surety
company authorized to do business in the state. Such bond
shall be approved by the attorney general as to form and
conditioned that the manufacturer shall conduct his business
in conformity with the provisions of this chapter and with all
standards set by the state of Washington or the federal
government pertaining to the construction or safety of such
vehicles. Any retail purchaser or vehicle dealer who has
suffered any loss or damage by reason of breach of warranty
or by any act by a manufacturer which constitutes a violation
of this chapter or a violation of any standards set by the state
of Washington or the federal government pertaining to
construction or safety of such vehicles has the right to
institute an action for recovery against such manufacturer
and the surety upon such bond. Successive recoveries
against the bond shall be permitted, but the aggregate
liability of the surety to all persons shall in no event exceed
the amount of the bond. Upon exhaustion of the penalty of
the bond or cancellation of the bond by the surety the
manufacturer license is automatically deemed canceled.
[1981 c 152 § 3; 1973 1st ex.s. c 132 § 9.]
46.70.079 Education requirements. (1) Except as
provided in subsection (2) of this section, the following
(2002 Ed.)
Dealers and Manufacturers
education requirements apply to an applicant for a vehicle
dealer license under RCW 46.70.021:
(a) An applicant for a vehicle dealer license under RCW
46.70.021 must complete a minimum of eight hours of
approved education programs described in subsection (3) of
this section and pass a test prior to submitting an application
for the license; and
(b) An applicant for a renewal of a vehicle dealer
license under RCW 46.70.083 must complete a minimum of
five hours per year in a licensing period of approved continuing education programs described in subsection (3) of
this section prior to submitting an application for the renewal
of the vehicle dealer license.
(2) The education and test requirements in subsection
(1) of this section do not apply to an applicant for a vehicle
dealer license under RCW 46.70.021 if the applicant is:
(a) A franchised dealer of new recreational vehicles;
(b) A nationally franchised or corporate-owned motor
vehicle rental company;
(c) A dealer of manufactured dwellings;
(d) A national auction company that holds a vehicle
dealer license and a wrecker license whose primary activity
in this state is the sale or disposition of totaled vehicles; or
(e) A wholesale auto auction company that holds a
vehicle dealer license.
(3) The education programs and test required in subsection (1) of this section shall be developed by motor vehicle
industry organizations including, but not limited to, the state
independent auto dealers association and the department of
licensing.
(4) A new motor vehicle dealer, as defined under RCW
46.96.020, is deemed to have met the education and test
requirements required for applicants for a vehicle dealer
license under this section. [2001 c 272 § 12.]
Effective date—2001 c 272 § 12: "Section 12 of this act takes effect
July 1, 2002." [2001 c 272 § 14.]
46.70.083 Expiration of license—Renewal—
Certification of established place of business. The license
of a vehicle dealer or a vehicle manufacturer expires on the
date that is twelve consecutive months from the date of
issuance. The license may be renewed by filing with the
department prior to the expiration of the license, a renewal
application containing such information as the department
may require to indicate the number of vehicle sales transacted during the past year, and any material change in the
information contained in the original application. Failure by
the dealer to comply is grounds for denial of the renewal
application or dealer license plate renewal.
The dealer’s established place of business shall be
certified by a representative of the department at least once
every thirty-six months, or more frequently as determined
necessary by the department. The certification will verify
compliance with the requirements of this chapter for an
established place of business. Failure by the dealer to
comply at any time is grounds for license suspension or
revocation, denial of the renewal application, or monetary
assessment. [1993 c 307 § 8; 1991 c 140 § 2; 1990 c 250
§ 66; 1986 c 241 § 12; 1985 c 109 § 1; 1973 1st ex.s. c 132
§ 12; 1971 ex.s. c 74 § 6; 1967 ex.s. c 74 § 10.]
46.70.079
46.70.085 Licenses—Staggered renewal. Notwithstanding any provision of law to the contrary, the director
may extend or diminish licensing periods of dealers and
manufacturers for the purpose of staggering renewal periods.
The extension or diminishment shall be by rule of the
department adopted in accordance with chapter 34.05 RCW.
[1990 c 250 § 67; 1985 c 109 § 2.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.70.090 License plates—Use. (1) The department
shall issue a vehicle dealer license plate which shall be
attached to the rear of the vehicle only and which is capable
of distinguishing the classification of the dealer, to vehicle
dealers properly licensed pursuant to this chapter and shall,
upon application, issue manufacturer’s license plates to
manufacturers properly licensed pursuant to this chapter.
(2) The department shall issue to a vehicle dealer up to
three vehicle dealer license plates. After the third dealer
plate is issued, the department shall limit the number of
dealer plates to six percent of the vehicles sold during the
preceding license period. For an original license the vehicle
dealer license applicant shall estimate the first year’s sales or
leases. The director or director’s designee may waive these
dealer plate issuance restrictions for a vehicle dealer if the
waiver both serves the purposes of this chapter and is
essential to the continuation of the business. The director
shall adopt rules to implement this waiver.
(3) Motor vehicle dealer license plates may be used:
(a) To demonstrate motor vehicles held for sale or lease
when operated by an individual holding a valid operator’s
license, if a dated demonstration permit, valid for no more
than seventy-two hours, is carried in the vehicle at all times
it is operated by any such individual.
(b) On motor vehicles owned, held for sale or lease, and
which are in fact available for sale or lease by the firm when
operated by an officer of the corporation, partnership, or
proprietorship or by their spouses, or by an employee of the
firm, if a card so identifying any such individual is carried
in the vehicle at all times it is operated by such individual.
Any such vehicle so operated may be used to transport the
dealer’s own tools, parts, and equipment of a total weight
not to exceed five hundred pounds.
(c) On motor vehicles being tested for repair.
(d) On motor vehicles being moved to or from a motor
vehicle dealer’s place of business for sale.
(e) On motor vehicles being moved to or from motor
vehicle service and repair facilities before sale or lease.
(f) On motor vehicles being moved to or from motor
vehicle exhibitions within the state of Washington, if any
such exhibition does not exceed a period of twenty days.
(4) Mobile home and travel trailer dealer license plates
may be used:
(a) On units hauled to or from the place of business of
the manufacturer and the place of business of the dealer or
to and from places of business of the dealer.
(b) On mobile homes hauled to a customer’s location
for set-up after sale.
(c) On travel trailers held for sale to demonstrate the
towing capability of the vehicle if a dated demonstration
Severability—1990 c 250: See note following RCW 46.16.301.
(2002 Ed.)
[Title 46 RCW—page 251]
46.70.090
Title 46 RCW: Motor Vehicles
permit, valid for not more than seventy-two hours, is carried
with the vehicle at all times.
(d) On mobile homes being hauled from a customer’s
location if the requirements of RCW 46.44.170 and
46.44.175 are met.
(e) On any motor vehicle owned by the dealer which is
used only to move vehicles legally bearing mobile home and
travel trailer dealer license plates of the dealer so owning
any such motor vehicle.
(f) On vehicles being moved to or from vehicle exhibitions within the state of Washington, if any such exhibition
does not exceed a period of twenty days.
(5) Miscellaneous vehicle dealer license plates may be
used:
(a) To demonstrate any miscellaneous vehicle: PROVIDED, That:
(i) No such vehicle may be demonstrated on a public
highway unless the customer has an appropriate endorsement
on his or her driver’s license, if such endorsement is
required to operate such vehicle; and
(ii) A dated demonstration permit, valid for no more
than seventy-two hours, is carried with the vehicle at all
times it is operated by any such individual.
(b) On vehicles owned, held for sale, and which are in
fact available for sale, by the firm when operated by an
officer of the corporation, partnership, or proprietorship or
by a bona fide full-time employee of the firm, if a card so
identifying such individual is carried in the vehicle at all
times it is operated by him or her.
(c) On vehicles being tested for repair.
(d) On vehicles being transported to or from the place
of business of the manufacturer and the place of business of
the dealer or to and from places of business of the dealer.
(e) On vehicles on which any other item sold or to be
sold by the dealer is transported from the place of business
of the manufacturer to the place of business of the dealer or
to and from places of business of the dealer if such vehicle
and such item are purchased or sold as one package.
(6) Manufacturers properly licensed pursuant to this
chapter may apply for and obtain manufacturer license plates
and may be used:
(a) On vehicles being moved to or from the place of
business of a manufacturer to a vehicle dealer within this
state who is properly licensed pursuant to this chapter.
(b) To test vehicles for repair.
(7) Vehicle dealer license plates and manufacturer
license plates shall not be used for any purpose other than
set forth in this section and specifically shall not be:
(a) Used on any vehicle not within the class for which
the vehicle dealer or manufacturer license plates are issued
unless specifically provided for in this section.
(b) Loaned to any person for any reason not specifically
provided for in this section.
(c) Used on any vehicles for the transportation of any
person, produce, freight, or commodities unless specifically
provided for in this section, except there shall be permitted
the use of such vehicle dealer license plates on a vehicle
transporting commodities in the course of a demonstration
over a period not to exceed seventy-two consecutive hours
from the commencement of such demonstration, if a representative of the dealer is present and accompanies such vehicle during the course of the demonstration.
[Title 46 RCW—page 252]
(d) Used on any vehicle sold to a resident of another
state to transport such vehicle to that other state in lieu of a
trip permit or in lieu of vehicle license plates obtained from
that other state.
(e) Used on any new vehicle unless the vehicle dealer
has provided the department a current service agreement
with the manufacturer or distributor of that vehicle as
provided in RCW 46.70.041(1)(k).
(8) In addition to or in lieu of any sanction imposed by
the director pursuant to RCW 46.70.101 for unauthorized use
of vehicle dealer license plates or manufacturer license
plates, the director may order that any or all vehicle dealer
license plates or manufacturer license plates issued pursuant
to this chapter be confiscated for such period as the director
deems appropriate. [2001 c 272 § 5; 1994 c 262 § 10; 1992
c 222 § 2; 1991 c 140 § 1; 1983 c 3 § 123; 1981 c 152 § 4;
1973 1st ex.s. c 132 § 13; 1971 ex.s. c 74 § 7; 1969 ex.s. c
63 § 3; 1961 c 12 § 46.70.090. Prior: 1955 c 283 § 1;
1951 c 150 § 10.]
46.70.101 Denial, suspension, or revocation of
licenses—Grounds. The director may by order deny,
suspend, or revoke the license of any vehicle dealer or
vehicle manufacturer or, in lieu thereof or in addition
thereto, may by order assess monetary penalties of a civil
nature not to exceed one thousand dollars per violation, if
the director finds that the order is in the public interest and
that the applicant or licensee:
(1) In the case of a vehicle dealer:
(a) The applicant or licensee, or any partner, officer,
director, owner of ten percent or more of the assets of the
firm, or managing employee:
(i) Was the holder of a license issued pursuant to this
chapter, which was revoked for cause and never reissued by
the department, or which license was suspended for cause
and the terms of the suspension have not been fulfilled or
which license was assessed a civil penalty and the assessed
amount has not been paid;
(ii) Has been adjudged guilty of a crime which directly
relates to the business of a vehicle dealer and the time
elapsed since the adjudication is less than ten years, or
suffering any judgment within the preceding five years in
any civil action involving fraud, misrepresentation, or
conversion. For the purposes of this section, adjudged guilty
shall mean in addition to a final conviction in either a state
or municipal court, an unvacated forfeiture of bail or
collateral deposited to secure a defendant’s appearance in
court, the payment of a fine, a plea of guilty, or a finding of
guilt regardless of whether the sentence is deferred or the
penalty is suspended;
(iii) Has knowingly or with reason to know made a false
statement of a material fact in his or her application for
license or any data attached thereto, or in any matter under
investigation by the department;
(iv) Has knowingly, or with reason to know, provided
the department with false information relating to the number
of vehicle sales transacted during the past one year in order
to obtain a vehicle dealer license plate;
(v) Does not have an established place of business as
required in this chapter;
(2002 Ed.)
Dealers and Manufacturers
(vi) Refuses to allow representatives or agents of the
department to inspect during normal business hours all
books, records, and files maintained within this state;
(vii) Sells, exchanges, offers, brokers, auctions, solicits,
or advertises a new or current model vehicle to which a
factory new vehicle warranty attaches and fails to have a
valid, written service agreement as required by this chapter,
or having such agreement refuses to honor the terms of such
agreement within a reasonable time or repudiates the same,
except for sales by wholesale motor vehicle auction dealers
to franchise motor vehicle dealers of the same make licensed
under Title 46 RCW or franchise motor vehicle dealers of
the same make licensed by any other state;
(viii) Is insolvent, either in the sense that their liabilities
exceed their assets, or in the sense that they cannot meet
their obligations as they mature;
(ix) Fails to pay any civil monetary penalty assessed by
the director pursuant to this section within ten days after
such assessment becomes final;
(x) Fails to notify the department of bankruptcy proceedings in the manner required by RCW 46.70.183;
(xi) Knowingly, or with reason to know, allows a
salesperson employed by the dealer, or acting as their agent,
to commit any of the prohibited practices set forth in
subsection (1)(a) of this section and RCW 46.70.180;
(xii) Fails to have a current certificate or registration
with the department of revenue.
(b) The applicant or licensee, or any partner, officer,
director, owner of ten percent of the assets of the firm, or
any employee or agent:
(i) Has failed to comply with the applicable provisions
of chapter 46.12 or 46.16 RCW or this chapter or any rules
and regulations adopted thereunder;
(ii) Has defrauded or attempted to defraud the state, or
a political subdivision thereof of any taxes or fees in
connection with the sale, lease, or transfer of a vehicle;
(iii) Has forged the signature of the registered or legal
owner on a certificate of title;
(iv) Has purchased, sold, disposed of, or has in his or
her possession any vehicle which he or she knows or has
reason to know has been stolen or appropriated without the
consent of the owner;
(v) Has willfully failed to deliver to a purchaser or
owner a certificate of ownership to a vehicle which he or she
has sold or leased;
(vi) Has committed any act in violation of RCW
46.70.090 relating to vehicle dealer license plates or manufacturer license plates;
(vii) Has committed any act in violation of RCW
46.70.180 relating to unlawful acts and practices;
(viii) Has engaged in practices inimical to the health or
safety of the citizens of the state of Washington including
but not limited to failure to comply with standards set by the
state of Washington or the federal government pertaining to
the construction or safety of vehicles, except for sales by
wholesale motor vehicle auction dealers to motor vehicle
dealers and vehicle wreckers licensed under Title 46 RCW
or motor vehicle dealers licensed by any other state;
(ix) Has aided or assisted an unlicensed dealer or
salesperson in unlawful activity through active or passive
participation in sales, allowing use of facilities, dealer license
number, or by any other means;
(2002 Ed.)
46.70.101
(x) Converts or appropriates, whether temporarily or
permanently, property or funds belonging to a customer,
dealer, or manufacturer, without the consent of the owner of
the property or funds; or
(xi) Has sold any vehicle with actual knowledge that:
(A) It has any of the following brands on the title:
"SALVAGE/REBUILT," "JUNK," or "DESTROYED"; or
(B) It has been declared totaled out by an insurance
carrier and then rebuilt; or
(C) The vehicle title contains the specific comment that
the vehicle is "rebuilt";
without clearly disclosing that brand or comment in writing.
(c) The licensee or any partner, officer, director, or
owner of ten percent or more of the assets of the firm holds
or has held any such position in any other vehicle dealership
licensed pursuant to this chapter which is subject to final
proceedings under this section.
(2) In the case of a manufacturer, or any partner,
officer, director, or majority shareholder:
(a) Was or is the holder of a license issued pursuant to
this chapter which was revoked for cause and never reissued
by the department, or which license was suspended for cause
and the terms of the suspension have not been fulfilled, or
which license was assessed a civil penalty and the assessed
amount has not been paid;
(b) Has knowingly or with reason to know, made a false
statement of a material fact in his or her application for
license, or any data attached thereto, or in any matter under
investigation by the department;
(c) Has failed to comply with the applicable provisions
of chapter 46.12 or 46.16 RCW or this chapter or any rules
and regulations adopted thereunder;
(d) Has defrauded or attempted to defraud the state or
a political subdivision thereof, of any taxes or fees in
connection with the sale, lease, or transfer of a vehicle;
(e) Has purchased, sold, leased, disposed of, or has in
his or her possession, any vehicle which he or she knows or
has reason to know has been stolen or appropriated without
the consent of the owner;
(f) Has committed any act in violation of RCW
46.70.090 relating to vehicle dealer license plates and
manufacturer license plates;
(g) Has committed any act in violation of RCW
46.70.180 relating to unlawful acts and practices;
(h) Sells or distributes in this state or transfers into this
state for resale or for lease, any new or unused vehicle to
which a warranty attaches or has attached and refuses to
honor the terms of such warranty within a reasonable time
or repudiates the same;
(i) Fails to maintain one or more resident employees or
agents to provide service or repairs to vehicles located within
the state of Washington only under the terms of any warranty attached to new or unused vehicles manufactured and
which are or have been sold or distributed in this state or
transferred into this state for resale or for lease unless such
manufacturer requires warranty service to be performed by
all of its dealers pursuant to a current service agreement on
file with the department;
(j) Fails to reimburse within a reasonable time any
vehicle dealer within the state of Washington who in good
faith incurs reasonable obligations in giving effect to
warranties that attach or have attached to any new or unused
[Title 46 RCW—page 253]
46.70.101
Title 46 RCW: Motor Vehicles
vehicle sold, leased, or distributed in this state or transferred
into this state for resale or for lease by any such manufacturer;
(k) Engaged in practices inimical to the health and
safety of the citizens of the state of Washington including
but not limited to failure to comply with standards set by the
state of Washington or the federal government pertaining to
the construction and safety of vehicles;
(l) Is insolvent either in the sense that his or her
liabilities exceed his or her assets or in the sense that he or
she cannot meet his or her obligations as they mature;
(m) Fails to notify the department of bankruptcy
proceedings in the manner required by RCW 46.70.183.
[2001 c 272 § 6; 1998 c 282 § 7; 1996 c 282 § 3; 1991 c
140 § 3; 1989 c 337 § 16; 1986 c 241 § 13; 1981 c 152 § 5;
1977 ex.s. c 125 § 3; 1973 1st ex.s. c 132 § 14; 1969 ex.s.
c 63 § 4; 1967 ex.s. c 74 § 11.]
46.70.102 Denial, suspension, or revocation of
licenses—Notice, hearing, procedure. Upon the entry of
the order under RCW 46.70.101 the director shall promptly
notify the applicant or licensee that the order has been
entered and of the reasons therefor and that if requested by
the applicant or licensee within fifteen days after the receipt
of the director’s notification, the matter will be promptly set
down for hearing pursuant to chapter 34.05 RCW. If no
hearing is requested and none is ordered by the director, the
order will remain in effect until it is modified or vacated by
the director. If a hearing is requested or ordered, the
director, or his personal representative, after notice of and
opportunity for hearing, may modify or vacate the order, or
extend it until final determination. No final order may be
entered under RCW 46.70.101 denying or revoking a license
without appropriate prior notice to the applicant or licensee,
opportunity for hearing, and written findings of fact and conclusions of law. [1986 c 241 § 14; 1967 ex.s. c 74 § 12.]
46.70.111 Investigations or proceedings—Powers of
director or designees—Penalty. For the purpose of any
investigation or proceeding under this chapter, the director or
any officer designated by him may administer oaths and
affirmations, subpoena witnesses, compel their attendance,
take evidence, and require the production of any books,
papers, correspondence, memoranda, agreements, or other
documents or records which the director deems relevant or
material to the inquiry.
(1) In case of contumacy by, or refusal to obey a
subpoena issued to, any person, any court of competent
jurisdiction, upon application by the director, may issue to
that person an order requiring him to appear before the
director, or the officer designated by him, to produce
documentary or other evidence touching the matter under
investigation or in question. The failure to obey an order of
the court may be punishable by contempt. [1967 ex.s. c 74
§ 15.]
46.70.115 Cease and desist orders—"Curbstoning,"
penalty. (1) If it appears to the director that a person has
engaged or is about to engage in an act or practice constituting a violation of this chapter, or a rule adopted or an
order issued under this chapter, the director may issue an
[Title 46 RCW—page 254]
order directing the person to cease and desist from continuing the act or practice. Reasonable notice of and opportunity
for a hearing shall be given. The director may issue a
temporary order pending a hearing. The temporary order
shall remain in effect until ten days after the hearing is held
and shall become final if the person to whom the notice is
addressed does not request a hearing within fifteen days after
receipt of the notice.
(2) The director may levy and collect a civil penalty, in
an amount not to exceed one thousand dollars for each
violation, against a person found by the director to be
curbstoning, as that term is defined in subsection (3) of this
section. A person against whom a civil penalty has been
imposed must receive reasonable notice and an opportunity
for a hearing on the issue. The civil penalty is due ten days
after issuance of a final order.
(3) For the purposes of subsection (2) of this section,"curbstoning" means a person or firm engaged in buying
and offering for sale, or buying and selling, five or more
vehicles that are each less than thirty years old in a twelvemonth period without holding a vehicle dealer license. For
the purpose of subsections (1) and (2) of this section,
"curbstoning" does not include the sale of equipment or
vehicles used in farming as defined in RCW 46.04.183 and
sold by a farmer as defined in RCW 46.04.182. [2000 c 131
§ 1; 1986 c 241 § 15.]
Severability—2000 c 131: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2000 c 131 § 3.]
46.70.120 Record of transactions. A dealer shall
complete and maintain for a period of at least five years a
record of the purchase and sale or lease of all vehicles
purchased, sold, or leased by him or her. The records shall
consist of:
(1) The license and title numbers of the state in which
the last license was issued;
(2) A description of the vehicle;
(3) The name and address of the person from whom
purchased;
(4) The name of the legal owner, if any;
(5) The name and address of the purchaser or lessee;
(6) If purchased from a dealer, the name, business
address, dealer license number, and resale tax number of the
dealer;
(7) The price paid for the vehicle and the method of
payment;
(8) The vehicle odometer disclosure statement given by
the seller to the dealer, and the vehicle odometer disclosure
statement given by the dealer to the purchaser or lessee;
(9) The written agreement to allow a dealer to sell
between the dealer and the consignor, or the listing dealer
and the seller;
(10) Trust account records of receipts, deposits, and
withdrawals;
(11) All sale documents, which shall show the full name
of dealer employees involved in the sale or lease; and
(12) Any additional information the department may
require. However, the department may not require a dealer
to collect or retain the hardback copy of a temporary license
permit after the permanent license plates for a vehicle have
(2002 Ed.)
Dealers and Manufacturers
46.70.120
been provided to the purchaser or lessee, if the dealer
maintains some other copy of the temporary license permit
together with a log of the permits issued.
Such records shall be maintained separate from all other
business records of the dealer. Records older than two years
may be kept at a location other than the dealer’s place of
business if those records are made available in hard copy for
inspection within three calendar days, exclusive of Saturday,
Sunday, or a legal holiday, after a request by the director or
the director’s authorized agent. Records kept at the vehicle
dealer’s place of business must be available for inspection by
the director or the director’s authorized agent during normal
business hours.
Dealers may maintain their recordkeeping and filing
systems in accordance with their own particular business
needs and practices. Nothing in this chapter requires dealers
to maintain their records in any particular order or manner,
as long as the records identified in this section are maintained in the dealership’s recordkeeping system. [2001 c
272 § 7; 1996 c 282 § 4; 1990 c 238 § 7; 1986 c 241 § 16;
1973 1st ex.s. c 132 § 15; 1961 c 12 § 46.70.120. Prior:
1951 c 150 § 15.]
ownership approved by the department for each used vehicle
kept in the dealer’s possession. Evidence of ownership shall
be either in the name of the dealer or in the name of the
dealer’s immediate vendor properly assigned. In the case of
consigned vehicles, the vehicle dealer may possess a completed consignment contract that includes a guaranteed title
from the seller in lieu of the required certificate of ownership. [1994 c 262 § 11; 1990 c 250 § 29; 1961 c 12 §
46.12.140. Prior: 1959 c 166 § 12; prior: 1947 c 164 §
4(e); 1937 c 188 § 6(e); Rem. Supp. 1947 § 6312-6(e).
Formerly RCW 46.12.140.]
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
Odometer disclosure statement: RCW 46.12.124.
46.70.130 Details of charges must be furnished
buyer or mortgagor. (1) Before the execution of a contract
or chattel mortgage or the consummation of the sale or lease
of any vehicle, the seller must furnish the buyer or lessee an
itemization in writing signed by the seller separately disclosing to the buyer or lessee the finance charge, insurance costs,
taxes, and other charges which are paid or to be paid by the
buyer or lessee.
(2) Notwithstanding subsection (1) of this section, an
itemization of the various license and title fees paid or to be
paid by the buyer or lessee, which itemization must be the
same as that disclosed on the registration/application for title
document issued by the department, may be required only on
the title application at the time the application is submitted
for title transfer. A vehicle dealer may not be required to
separately or individually itemize the license and title fees on
any other document, including but not limited to the purchase order and lease agreement. No fee itemization may be
required on the temporary permit. [2001 c 272 § 9; 1996 c
282 § 5; 1973 1st ex.s. c 132 § 16; 1961 c 12 § 46.70.130.
Prior: 1951 c 150 § 16.]
46.70.122 Duty when purchaser or transferee is a
dealer. (1) If the purchaser or transferee is a dealer he or
she shall, on selling, leasing, or otherwise disposing of the
vehicle, promptly execute the assignment and warranty of
title, in such form as the director shall prescribe.
(2) The assignment and warranty shall show any secured
party holding a security interest created or reserved at the
time of resale or lease, to which shall be attached the
assigned certificates of ownership and license registration received by the dealer. The dealer shall mail or deliver them
to the department with the transferee’s application for the
issuance of new certificates of ownership and license
registration. The title certificate issued for a vehicle possessed by a dealer and subject to a security interest shall be
delivered to the secured party who upon request of the
dealer’s transferee shall, unless the transfer was a breach of
the security agreement, either deliver the certificate to the
transferee for transmission to the department, or upon receipt
from the transferee of the owner’s bill of sale or sale document, the transferee’s application for a new certificate and
the required fee, mail or deliver to the department. Failure
of a dealer to deliver the title certificate to the secured party
does not affect perfection of the security interest. [2001 c
272 § 8; 1990 c 238 § 5; 1975 c 25 § 11; 1972 ex.s. c 99 §
3; 1967 c 140 § 2; 1961 c 12 § 46.12.120. Prior: 1959 c
166 § 10; prior: 1947 c 164 § 4(c); 1937 c 188 § 6(c);
Rem. Supp. 1947 § 6312-6(c). Formerly RCW 46.12.120.]
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
46.70.124 Evidence of ownership for dealers’ used
vehicles—Consignments. Vehicle dealers shall possess a
separate certificate of ownership or other evidence of
(2002 Ed.)
Severability—1990 c 250: See note following RCW 46.16.301.
46.70.125 Used vehicles—Asking price, posting or
disclosure. A vehicle dealer who sells used vehicles shall
either display on the vehicle, or disclose upon request, the
written asking price of a specific vehicle offered for sale by
the dealer as of that time.
A violation of this section is an unfair business practice
under chapter 19.86 RCW, the Consumer Protection Act, and
the provisions of chapter 46.70 RCW. [1986 c 165 § 1.]
46.70.132 Manufactured home sale—Implied
warranty. (1) In addition to the requirements contained in
RCW 46.70.135, each sale of a new manufactured home in
this state is made with an implied warranty that the manufactured home conforms in all material aspects to applicable
federal and state laws and regulations establishing standards
of safety or quality, and with implied warranties of merchantability and fitness for a particular purpose as permanent
housing in the climate of the state.
(2) The implied warranties contained in this section may
not be waived, limited, or modified. Any provision that
attempts to waive, limit, or modify the implied warranties
contained in this section is void and unenforceable. [1994
c 284 § 9.]
Severability—Effective date—1994 c 284: See RCW 43.63B.900
and 43.63B.901.
[Title 46 RCW—page 255]
46.70.134
Title 46 RCW: Motor Vehicles
46.70.134 Manufactured home installation—
Warranty, state installation code. Any dealer, manufacturer, or contractor who installs a manufactured home
warrants that the manufactured home is installed in accordance with the state installation code, chapter 296-150B
WAC. The warranty contained in this section may not be
waived, limited, or modified. Any provision attempting to
waive, limit, or modify the warranty contained in this section
is void and unenforceable. This section does not apply when
the manufactured home is installed by the purchaser of the
home. [1994 c 284 § 10.]
Severability—Effective date—1994 c 284: See RCW 43.63B.900
and 43.63B.901.
46.70.135 Mobile homes—Warranties and inspections—Delivery—Occupancy—Advertising of dimensions.
Mobile home manufacturers and mobile home dealers who
sell mobile homes to be assembled on site and used as
residences in this state shall conform to the following
requirements:
(1) No new manufactured home may be sold unless the
purchaser is provided with a manufacturer’s written warranty
for construction of the home in compliance with the
Magnuson-Moss Warranty Act (88 Stat. 2183; 15 U.S.C.
Sec. 47 et seq.; 15 U.S.C. Sec. 2301 et seq.).
(2) No new manufactured home may be sold unless the
purchaser is provided with a dealer’s written warranty for all
installation services performed by the dealer.
(3) The warranties required by subsections (1) and (2)
of this section shall be valid for a minimum of one year
measured from the date of delivery and shall not be invalidated by resale by the original purchaser to a subsequent
purchaser or by the certificate of ownership being eliminated
or not issued as described in chapter 65.20 RCW. Copies of
the warranties shall be given to the purchaser upon signing
a purchase agreement and shall include an explanation of
remedies available to the purchaser under state and federal
law for breach of warranty, the name and address of the
federal department of housing and urban development and
the state departments of licensing and labor and industries,
and a brief description of the duties of these agencies
concerning mobile homes.
(4) Warranty service shall be completed within fortyfive days after the owner gives written notice of the defect
unless there is a bona fide dispute between the parties.
Warranty service for a defect affecting health or safety shall
be completed within seventy-two hours of receipt of written
notice. Warranty service shall be performed on site and a
written work order describing labor performed and parts used
shall be completed and signed by the service agent and the
owner. If the owner’s signature cannot be obtained, the
reasons shall be described on the work order. Work orders
shall be retained by the dealer or manufacturer for a period
of three years.
(5) Before delivery of possession of the home to the
purchaser, an inspection shall be performed by the dealer or
his or her agent and by the purchaser or his or her agent
which shall include a test of all systems of the home to
insure proper operation, unless such systems test is delayed
pursuant to this subsection. At the time of the inspection,
the purchaser shall be given copies of all documents required
by state or federal agencies to be supplied by the manufac[Title 46 RCW—page 256]
turer with the home which have not previously been provided as required under subsection (3) of this section, and the
dealer shall complete any required purchaser information
card and forward the card to the manufacturer. A purchaser
is deemed to have taken delivery of the manufactured home
when all three of the following events have occurred: (a)
The contractual obligations between the purchaser and the
seller have been met; (b) the inspection of the home is completed; and (c) the systems test of the home has been
completed subsequent to the installation of the home, or
fifteen days has elapsed since the transport of the home to
the site where it will be installed, whichever is earlier.
Occupancy of the manufactured home shall only occur after
the systems test has occurred and all required utility connections have been approved after inspection.
(6) Manufacturer and dealer advertising which states the
dimensions of a home shall not include the length of the
draw bar assembly in a listed dimension, and shall state the
square footage of the actual floor area. [1994 c 284 § 11;
1989 c 343 § 22; 1981 c 304 § 36.]
Severability—Effective date—1994 c 284: See RCW 43.63B.900
and 43.63B.901.
Severability—Effective date—1989 c 343: See RCW 65.20.940 and
65.20.950.
Severability—1981 c 304: See note following RCW 26.16.030.
Manufactured home installation and warranty service: RCW 43.22.440,
43.22.442.
Manufactured home safety and construction standards, inspections, etc.:
RCW 43.22.431 through 43.22.434.
46.70.136 Manufactured homes—Warranty disputes. The *department may mediate disputes that arise
regarding any warranty required in chapter 46.70 RCW
pertaining to the purchase or installation of a manufactured
home. The department may charge reasonable fees for this
service and shall deposit the moneys collected in accordance
with RCW 43.63B.080. [1994 c 284 § 12.]
Reviser’s note: *(1) "Department" refers to the department of
community, trade, and economic development.
(2) This section, 1994 c 284 § 12, was directed to be codified in
chapter 43.330 RCW. Since this placement appears inappropriate, this
section has been codified as part of chapter 46.70 RCW.
Severability—Effective date—1994 c 284: See RCW 43.63B.900
and 43.63B.901.
46.70.137
Violations relating to mobile/
manufactured homes. See RCW 18.27.117.
46.70.140 Handling "hot" vehicles—Unreported
motor "switches"—Unauthorized use of dealer plates—
Penalty. Any vehicle dealer who knowingly or with reason
to know, buys or receives, sells or disposes of, conceals or
has in the dealer’s possession, any vehicle from which the
motor or serial number has been removed, defaced, covered,
altered, or destroyed, or any dealer, who removes from or
installs in any motor vehicle registered with the department
by motor block number, a new or used motor block without
immediately notifying the department of such fact upon a
form provided by the department, or any vehicle dealer who
loans or permits the use of vehicle dealer license plates by
any person not entitled to the use thereof, is guilty of a gross
misdemeanor. [1993 c 307 § 9; 1973 1st ex.s. c 132 § 17;
(2002 Ed.)
Dealers and Manufacturers
1971 ex.s. c 74 § 8; 1967 c 32 § 79; 1961 c 12 § 46.70.140.
Prior: 1951 c 150 § 11.]
46.70.160 Rules and regulations. The director may
make any reasonable rules and regulations not inconsistent
with the provisions of chapter 46.70 RCW relating to the
enforcement and proper operation thereof. [1961 c 12 §
46.70.160. Prior: 1959 c 166 § 21.]
46.70.170 Penalty for violations. It is a misdemeanor
for any person to violate any of the provisions of this
chapter, except where expressly provided otherwise, and the
rules adopted as provided under this chapter. [1986 c 241
§ 17; 1965 c 68 § 5.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.70.180 Unlawful acts and practices. Each of the
following acts or practices is unlawful:
(1) To cause or permit to be advertised, printed,
displayed, published, distributed, broadcasted, televised, or
disseminated in any manner whatsoever, any statement or
representation with regard to the sale, lease, or financing of
a vehicle which is false, deceptive, or misleading, including
but not limited to the following:
(a) That no down payment is required in connection
with the sale of a vehicle when a down payment is in fact
required, or that a vehicle may be purchased for a smaller
down payment than is actually required;
(b) That a certain percentage of the sale price of a
vehicle may be financed when such financing is not offered
in a single document evidencing the entire security transaction;
(c) That a certain percentage is the amount of the
service charge to be charged for financing, without stating
whether this percentage charge is a monthly amount or an
amount to be charged per year;
(d) That a new vehicle will be sold for a certain amount
above or below cost without computing cost as the exact
amount of the factory invoice on the specific vehicle to be
sold;
(e) That a vehicle will be sold upon a monthly payment
of a certain amount, without including in the statement the
number of payments of that same amount which are required
to liquidate the unpaid purchase price.
(2) To incorporate within the terms of any purchase and
sale or lease agreement any statement or representation with
regard to the sale, lease, or financing of a vehicle which is
false, deceptive, or misleading, including but not limited to
terms that include as an added cost to the selling price or
capitalized cost of a vehicle an amount for licensing or
transfer of title of that vehicle which is not actually due to
the state, unless such amount has in fact been paid by the
dealer prior to such sale.
(3) To set up, promote, or aid in the promotion of a
plan by which vehicles are to be sold or leased to a person
for a consideration and upon further consideration that the
purchaser or lessee agrees to secure one or more persons to
participate in the plan by respectively making a similar
purchase and in turn agreeing to secure one or more persons
likewise to join in said plan, each purchaser or lessee being
(2002 Ed.)
46.70.140
given the right to secure money, credits, goods, or something
of value, depending upon the number of persons joining the
plan.
(4) To commit, allow, or ratify any act of "bushing"
which is defined as follows: Taking from a prospective
buyer or lessee of a vehicle a written order or offer to
purchase or lease, or a contract document signed by the
buyer or lessee, which:
(a) Is subject to the dealer’s, or his or her authorized
representative’s future acceptance, and the dealer fails or
refuses within three calendar days, exclusive of Saturday,
Sunday, or legal holiday, and prior to any further negotiations with said buyer or lessee, either (i) to deliver to the
buyer or lessee the dealer’s signed acceptance, or (ii) to void
the order, offer, or contract document and tender the return
of any initial payment or security made or given by the
buyer or lessee, including but not limited to money, check,
promissory note, vehicle keys, a trade-in, or certificate of
title to a trade-in; or
(b) Permits the dealer to renegotiate a dollar amount
specified as trade-in allowance on a vehicle delivered or to
be delivered by the buyer or lessee as part of the purchase
price or lease, for any reason except:
(i) Failure to disclose that the vehicle’s certificate of
ownership has been branded for any reason, including, but
not limited to, status as a rebuilt vehicle as provided in RCW
46.12.050 and 46.12.075; or
(ii) Substantial physical damage or latent mechanical
defect occurring before the dealer took possession of the
vehicle and which could not have been reasonably discoverable at the time of the taking of the order, offer, or contract;
or
(iii) Excessive additional miles or a discrepancy in the
mileage. "Excessive additional miles" means the addition of
five hundred miles or more, as reflected on the vehicle’s
odometer, between the time the vehicle was first valued by
the dealer for purposes of determining its trade-in value and
the time of actual delivery of the vehicle to the dealer. "A
discrepancy in the mileage" means (A) a discrepancy
between the mileage reflected on the vehicle’s odometer and
the stated mileage on the signed odometer statement; or (B)
a discrepancy between the mileage stated on the signed
odometer statement and the actual mileage on the vehicle; or
(c) Fails to comply with the obligation of any written
warranty or guarantee given by the dealer requiring the
furnishing of services or repairs within a reasonable time.
(5) To commit any offense relating to odometers, as
such offenses are defined in RCW 46.37.540, 46.37.550,
46.37.560, and 46.37.570. A violation of this subsection is
a class C felony punishable under chapter 9A.20 RCW.
(6) For any vehicle dealer or vehicle salesperson to
refuse to furnish, upon request of a prospective purchaser or
lessee, for vehicles previously registered to a business or
governmental entity, the name and address of the business or
governmental entity.
(7) To commit any other offense under RCW 46.37.423,
46.37.424, or 46.37.425.
(8) To commit any offense relating to a dealer’s
temporary license permit, including but not limited to failure
to properly complete each such permit, or the issuance of
more than one such permit on any one vehicle. However, a
[Title 46 RCW—page 257]
46.70.180
Title 46 RCW: Motor Vehicles
dealer may issue a second temporary permit on a vehicle if
the following conditions are met:
(a) The lienholder fails to deliver the vehicle title to the
dealer within the required time period;
(b) The dealer has satisfied the lien; and
(c) The dealer has proof that payment of the lien was
made within two calendar days, exclusive of Saturday,
Sunday, or a legal holiday, after the sales contract has been
executed by all parties and all conditions and contingencies
in the sales contract have been met or otherwise satisfied.
(9) For a dealer, salesperson, or mobile home manufacturer, having taken an instrument or cash "on deposit" from
a purchaser or lessee prior to the delivery of the bargainedfor vehicle, to commingle the "on deposit" funds with assets
of the dealer, salesperson, or mobile home manufacturer
instead of holding the "on deposit" funds as trustee in a
separate trust account until the purchaser or lessee has taken
delivery of the bargained-for vehicle. Delivery of a manufactured home shall be deemed to occur in accordance with
RCW 46.70.135(5). Failure, immediately upon receipt, to
endorse "on deposit" instruments to such a trust account, or
to set aside "on deposit" cash for deposit in such trust
account, and failure to deposit such instruments or cash in
such trust account by the close of banking hours on the day
following receipt thereof, shall be evidence of intent to
commit this unlawful practice: PROVIDED, HOWEVER,
That a motor vehicle dealer may keep a separate trust
account which equals his or her customary total customer
deposits for vehicles for future delivery. For purposes of
this section, "on deposit" funds received from a purchaser of
a manufactured home means those funds that a seller
requires a purchaser to advance before ordering the manufactured home, but does not include any loan proceeds or
moneys that might have been paid on an installment contract.
(10) For a dealer or manufacturer to fail to comply with
the obligations of any written warranty or guarantee given by
the dealer or manufacturer requiring the furnishing of goods
and services or repairs within a reasonable period of time, or
to fail to furnish to a purchaser or lessee, all parts which
attach to the manufactured unit including but not limited to
the undercarriage, and all items specified in the terms of a
sales or lease agreement signed by the seller and buyer or
lessee.
(11) For a vehicle dealer to pay to or receive from any
person, firm, partnership, association, or corporation acting,
either directly or through a subsidiary, as a buyer’s agent for
consumers, any compensation, fee, purchase moneys or
funds that have been deposited into or withdrawn out of any
account controlled or used by any buyer’s agent, gratuity, or
reward in connection with the purchase, sale, or lease of a
new motor vehicle.
(12) For a buyer’s agent, acting directly or through a
subsidiary, to pay to or to receive from any motor vehicle
dealer any compensation, fee, gratuity, or reward in connection with the purchase, sale, or lease of a new motor vehicle.
In addition, it is unlawful for any buyer’s agent to engage in
any of the following acts on behalf of or in the name of the
consumer:
(a) Receiving or paying any purchase moneys or funds
into or out of any account controlled or used by any buyer’s
agent;
[Title 46 RCW—page 258]
(b) Signing any vehicle purchase orders, sales contracts,
leases, odometer statements, or title documents, or having
the name of the buyer’s agent appear on the vehicle purchase
order, sales contract, lease, or title; or
(c) Signing any other documentation relating to the
purchase, sale, lease, or transfer of any new motor vehicle.
It is unlawful for a buyer’s agent to use a power of
attorney obtained from the consumer to accomplish or effect
the purchase, sale, lease, or transfer of ownership documents
of any new motor vehicle by any means which would
otherwise be prohibited under (a) through (c) of this subsection. However, the buyer’s agent may use a power of
attorney for physical delivery of motor vehicle license plates
to the consumer.
Further, it is unlawful for a buyer’s agent to engage in
any false, deceptive, or misleading advertising, disseminated
in any manner whatsoever, including but not limited to
making any claim or statement that the buyer’s agent offers,
obtains, or guarantees the lowest price on any motor vehicle
or words to similar effect.
(13) For a buyer’s agent to arrange for or to negotiate
the purchase, or both, of a new motor vehicle through an
out-of-state dealer without disclosing in writing to the
customer that the new vehicle would not be subject to
chapter 19.118 RCW. This subsection also applies to leased
vehicles. In addition, it is unlawful for any buyer’s agent to
fail to have a written agreement with the customer that: (a)
Sets forth the terms of the parties’ agreement; (b) discloses
to the customer the total amount of any fees or other
compensation being paid by the customer to the buyer’s
agent for the agent’s services; and (c) further discloses
whether the fee or any portion of the fee is refundable.
(14) Being a manufacturer, other than a motorcycle
manufacturer governed by chapter 46.94 RCW, to:
(a) Coerce or attempt to coerce any vehicle dealer to
order or accept delivery of any vehicle or vehicles, parts or
accessories, or any other commodities which have not been
voluntarily ordered by the vehicle dealer: PROVIDED, That
recommendation, endorsement, exposition, persuasion,
urging, or argument are not deemed to constitute coercion;
(b) Cancel or fail to renew the franchise or selling
agreement of any vehicle dealer doing business in this state
without fairly compensating the dealer at a fair going
business value for his or her capital investment which shall
include but not be limited to tools, equipment, and parts
inventory possessed by the dealer on the day he or she is
notified of such cancellation or termination and which are
still within the dealer’s possession on the day the
cancellation or termination is effective, if: (i) The capital
investment has been entered into with reasonable and
prudent business judgment for the purpose of fulfilling the
franchise; and (ii) the cancellation or nonrenewal was not
done in good faith. Good faith is defined as the duty of
each party to any franchise to act in a fair and equitable
manner towards each other, so as to guarantee one party
freedom from coercion, intimidation, or threats of coercion
or intimidation from the other party: PROVIDED, That
recommendation, endorsement, exposition, persuasion,
urging, or argument are not deemed to constitute a lack of
good faith;
(c) Encourage, aid, abet, or teach a vehicle dealer to sell
or lease vehicles through any false, deceptive, or misleading
(2002 Ed.)
Dealers and Manufacturers
sales or financing practices including but not limited to those
practices declared unlawful in this section;
(d) Coerce or attempt to coerce a vehicle dealer to
engage in any practice forbidden in this section by either
threats of actual cancellation or failure to renew the dealer’s
franchise agreement;
(e) Refuse to deliver any vehicle publicly advertised for
immediate delivery to any duly licensed vehicle dealer
having a franchise or contractual agreement for the retail sale
or lease of new and unused vehicles sold or distributed by
such manufacturer within sixty days after such dealer’s order
has been received in writing unless caused by inability to
deliver because of shortage or curtailment of material, labor,
transportation, or utility services, or by any labor or production difficulty, or by any cause beyond the reasonable control
of the manufacturer;
(f) To provide under the terms of any warranty that a
purchaser or lessee of any new or unused vehicle that has
been sold or leased, distributed for sale or lease, or transferred into this state for resale or lease by the vehicle
manufacturer may only make any warranty claim on any
item included as an integral part of the vehicle against the
manufacturer of that item.
Nothing in this section may be construed to impair the
obligations of a contract or to prevent a manufacturer,
distributor, representative, or any other person, whether or
not licensed under this chapter, from requiring performance
of a written contract entered into with any licensee hereunder, nor does the requirement of such performance constitute
a violation of any of the provisions of this section if any
such contract or the terms thereof requiring performance,
have been freely entered into and executed between the
contracting parties. This paragraph and subsection (14)(b)
of this section do not apply to new motor vehicle manufacturers governed by chapter 46.96 RCW.
(15) Unlawful transfer of an ownership interest in a
motor vehicle as defined in RCW 19.116.050.
(16) To knowingly and intentionally engage in collusion
with a registered owner of a vehicle to repossess and return
or resell the vehicle to the registered owner in an attempt to
avoid a suspended license impound under chapter 46.55
RCW. However, compliance with chapter 62A.9A RCW in
repossessing, selling, leasing, or otherwise disposing of the
vehicle, including providing redemption rights to the debtor,
is not a violation of this section. [2001 c 272 § 10; 2001 c
64 § 9; 1999 c 398 § 10; 1997 c 153 § 1; 1996 c 194 § 3;
1995 c 256 § 26; 1994 c 284 § 13; 1993 c 175 § 3; 1990 c
44 § 14; 1989 c 415 § 20; 1986 c 241 § 18; 1985 c 472 §
13; 1981 c 152 § 6; 1977 ex.s. c 125 § 4; 1973 1st ex.s. c
132 § 18; 1969 c 112 § 1; 1967 ex.s. c 74 § 16.]
Reviser’s note: This section was amended by 2001 c 64 § 9 and by
2001 c 272 § 10, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Effective date—1994 c 284: See RCW 43.63B.900
and 43.63B.901.
Severability—1990 c 44: See RCW 19.116.900.
Severability—1989 c 415: See RCW 46.96.900.
Severability—1985 c 472: See RCW 46.94.900.
Certificate of ownership—Failure to transfer within specified time: RCW
46.12.101.
Glass—Limited windows—Vehicle sale requirements: RCW 46.37.430.
(2002 Ed.)
46.70.180
Odometers—Disconnecting, resetting, turning back, replacing without
notifying purchaser: RCW 46.37.540 through 46.37.570.
Tires—Vehicle sale requirements: RCW 46.37.425.
46.70.183 Notice of bankruptcy proceedings. Any
vehicle dealer or manufacturer, by or against whom a
petition in bankruptcy has been filed, shall, within ten days
of the filing, notify the department of the proceedings in
bankruptcy, including the identity and location of the court
in which the proceedings are pending. [1981 c 152 § 7.]
46.70.190 Civil actions for violations—Injunctions—
Claims under Federal Automobile Dealer Franchise
Act—Time limitation. Any person who is injured in his
business or property by a violation of this chapter, or any
person so injured because he refuses to accede to a proposal
for an arrangement which, if consummated, would be in
violation of this chapter, may bring a civil action in the
superior court to enjoin further violations, to recover the
actual damages sustained by him together with the costs of
the suit, including a reasonable attorney’s fee.
If a new motor vehicle dealer recovers a judgment or
has a claim dismissed with prejudice against a manufacturer
under RCW 46.96.040 or 46.96.050(3) or this section, the
new motor vehicle dealer is precluded from pursuing that
same claim or recovering judgment for that same claim
against the same manufacturer under the federal Automobile
Dealer Franchise Act, 15 U.S.C. Sections 1221 through
1225, but only to the extent that the damages recovered by
or denied to the new motor vehicle dealer are the same as
the damages being sought under the federal Automobile
Dealer Franchise Act. Likewise, if a new motor vehicle
dealer recovers a judgment or has a claim dismissed with
prejudice against a manufacturer under the federal Automobile Dealer Franchise Act, the dealer is precluded from
pursuing that same claim or recovering judgment for that
same claim against the same manufacturer under this
chapter, but only to the extent that the damages recovered by
or denied to the dealer are the same as the damages being
sought under this chapter.
A civil action brought in the superior court pursuant to
the provisions of this section must be filed no later than one
year following the alleged violation of this chapter. [1989
c 415 § 21; 1986 c 241 § 19; 1973 1st ex.s. c 132 § 19;
1967 ex.s. c 74 § 21.]
Severability—1989 c 415: See RCW 46.96.900.
46.70.220 Duties of attorney general and prosecuting attorneys to act on violations—Limitation of civil
actions. The director may refer such evidence as may be
available concerning violations of this chapter or of any rule
or order hereunder to the attorney general or the proper
prosecuting attorney, who may in his discretion, with or
without such a reference, in addition to any other action they
might commence, bring an action in the name of the state
against any person to restrain and prevent the doing of any
act or practice herein prohibited or declared unlawful:
PROVIDED, That this chapter shall be considered in
conjunction with chapter 9.04 RCW, 19.86 RCW and 63.14
RCW and the powers and duties of the attorney general and
the prosecuting attorney as they may appear in the
[Title 46 RCW—page 259]
46.70.220
Title 46 RCW: Motor Vehicles
aforementioned chapters, shall apply against all persons
subject to this chapter: PROVIDED FURTHER, That any
action to enforce a claim for civil damages under chapter
19.86 RCW shall be forever barred unless commenced
within six years after the cause of action accrues. [1967
ex.s. c 74 § 19.]
46.70.230 Duties of attorney general and prosecuting attorneys to act on violations—Assurance of compliance—Filing. In the enforcement of this chapter, the
attorney general and/or any said prosecuting attorney may
accept an assurance of compliance with the provisions of this
chapter from any person deemed in violation hereof. Any
such assurance shall be in writing and be filed with and
subject to the approval of the superior court of the county in
which the alleged violator resides or has his principal place
of business, or in Thurston county. [1967 ex.s. c 74 § 20.]
46.70.240 Penalties—Jurisdiction. Any person who
violates the terms of any court order, or temporary or
permanent injunction issued pursuant to this chapter, shall
forfeit and pay a civil penalty of not more than twenty-five
thousand dollars. For the purpose of this section the superior court issuing any injunction shall retain jurisdiction, and
the cause shall be continued, and in such cases the attorney
general and/or the prosecuting attorney acting in the name of
the state, or any person who pursuant to RCW 46.70.190 has
secured the injunction violated, may petition for the recovery
of civil penalties. [1967 ex.s. c 74 § 22.]
46.70.250 Personal service of process outside state.
Personal service of any process in an action under this
chapter may be made upon any person outside the state if
such person has engaged in conduct in violation of this
chapter which has had the impact in this state which this
chapter reprehends. Such person shall be deemed to have
thereby submitted himself to the jurisdiction of the courts of
this state within the meaning of RCW 4.28.180 and 4.28.185.
[1967 ex.s. c 74 § 23.]
46.70.260 Application of chapter to existing and
future franchises and contracts. The provisions of this
chapter shall be applicable to all franchises and contracts
existing between vehicle dealers and manufacturers or factory branches and to all future franchises and contracts. [1986
c 241 § 22; 1967 ex.s. c 74 § 24.]
46.70.270 Provisions of chapter cumulative—
Violation of RCW 46.70.180 deemed civil. The provisions
of this chapter shall be cumulative to existing laws: PROVIDED, That the violation of RCW 46.70.180 shall be
construed as exclusively civil and not penal in nature. [1967
ex.s. c 74 § 25.]
46.70.290 Mobile homes and persons engaged in
distribution and sale. The provisions of chapter 46.70
RCW shall apply to the distribution and sale of mobile
homes and to mobile home dealers, distributors, manufacturers, factory representatives, or other persons engaged in such
[Title 46 RCW—page 260]
distribution and sale to the same extent as for motor vehicles. [1993 c 307 § 10; 1971 ex.s. c 231 § 23.]
Effective date—1971 ex.s. c 231: See note following RCW
46.01.130.
46.70.300 Chapter exclusive—Local business and
occupation tax not prevented. (1) The provisions of this
chapter relating to the licensing and regulation of vehicle
dealers and manufacturers shall be exclusive, and no county,
city, or other political subdivision of this state shall enact
any laws, rules, or regulations licensing or regulating vehicle
dealers or manufacturers.
(2) This section shall not be construed to prevent a
political subdivision of this state from levying a business and
occupation tax upon vehicle dealers or manufacturers
maintaining an office within that political subdivision if a
business and occupation tax is levied by such a political
subdivision upon other types of businesses within its
boundaries. [1993 c 307 § 11; 1981 c 152 § 2.]
46.70.310 Consumer Protection Act. Any violation
of this chapter is deemed to affect the public interest and
constitutes a violation of chapter 19.86 RCW. [1986 c 241
§ 23.]
46.70.320 Buyer’s agents. The regulation of buyers’
agents is a matter affecting the public interest for the
purpose of applying chapter 19.86 RCW. Activities of
buyers’ agents prohibited under RCW 46.70.180 (11), (12),
or (13) are not reasonable in relation to the development and
preservation of business. A violation of RCW 46.70.180
(11), (12), or (13) constitutes an unfair or deceptive act or
practice in trade or commerce for the purpose of applying
chapter 19.86 RCW. [1993 c 175 § 4.]
46.70.330 Wholesale motor vehicle auction dealers.
(1) A wholesale motor vehicle auction dealer may:
(a) Sell any classification of motor vehicle;
(b) Sell only to motor vehicle dealers and vehicle
wreckers licensed under Title 46 RCW by the state of
Washington or licensed by any other state; or
(c) Sell a motor vehicle belonging to the United States
government, the state of Washington, or a political subdivision to nonlicensed persons as may be required by the
contracting public agency. However, a publicly owned
"wrecked vehicle" as defined in RCW 46.80.010 may be
sold to motor vehicle dealers and vehicle wreckers licensed
under Title 46 RCW by the state of Washington or licensed
by any other state.
(2) If the wholesale motor vehicle auction dealer knows
that a vehicle is a "wrecked vehicle" as defined by RCW
46.80.010, the dealer must disclose this fact on the bill of
sale. [1998 c 282 § 2.]
46.70.900 Liberal construction. All provisions of
this chapter shall be liberally construed to the end that
deceptive practices or commission of fraud or misrepresentation in the sale, lease, barter, or disposition of vehicles in
this state may be prohibited and prevented, and irresponsible,
unreliable, or dishonest persons may be prevented from
engaging in the business of selling, leasing, bartering, or
(2002 Ed.)
Dealers and Manufacturers
otherwise dealing in vehicles in this state and reliable
persons may be encouraged to engage in the business of
selling, leasing, bartering and otherwise dealing in vehicles
in this state: PROVIDED, That this chapter shall not apply
to printers, publishers, or broadcasters who in good faith
print, publish or broadcast material without knowledge of its
deceptive character. [2001 c 272 § 11; 1973 1st ex.s. c 132
§ 20; 1967 ex.s. c 74 § 2.]
46.70.910 Severability—1967 ex.s. c 74. If any
provision of this amendatory act is declared unconstitutional,
or the applicability thereof to any person or circumstances is
held invalid, the constitutionality of the remainder of the
amendatory act and the applicability thereof to persons and
circumstances shall not be affected thereby. [1967 ex.s. c 74
§ 28.]
46.70.920 Severability—1973 1st ex.s. c 132. If any
provision of this 1973 amendatory act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder
of this 1973 amendatory act and the applicability thereof to
persons and circumstances shall not be affected thereby.
[1973 1st ex.s. c 132 § 21.]
Chapter 46.71
AUTOMOTIVE REPAIR
Sections
46.71.005 Legislative recognition.
46.71.011 Definitions.
46.71.015 Estimates—Invoices—Recordkeeping requirements.
46.71.021 Disposition of replaced parts.
46.71.025 Estimate required—Alternatives—Authorization to exceed.
46.71.031 Required signs.
46.71.035 Failure to comply with estimate requirements.
46.71.041 Liens barred for failure to comply.
46.71.045 Unlawful acts or practices.
46.71.051 Copy of warranty.
46.71.060 Retention of price estimates and invoices.
46.71.070 Consumer Protection Act—Defense.
46.71.080 Notice of chapter to vehicle owners.
46.71.090 Notice of chapter to repair facilities.
Vehicle warranties (Lemon law): Chapter 19.118 RCW.
46.71.005 Legislative recognition. The automotive
repair industry supports good communication between auto
repair facilities and their customers. The legislature recognizes that improved communications and accurate representations between automotive repair facilities and the customers
will: Increase consumer confidence; reduce the likelihood of
disputes arising; clarify repair facility lien interests; and
promote fair and nondeceptive practices, thereby enhancing
the safety and reliability of motor vehicles serviced by auto
repair facilities in the state of Washington. [1993 c 424 §
1.]
Severability—1993 c 424: "If any provision of this act is declared
unconstitutional, or the applicability thereof to any person or circumstances
is held invalid, the constitutionality of the remainder of the act and the
applicability thereof to persons and circumstances shall not be affected
thereby." [1993 c 424 § 15.]
Effective date—1993 c 424: "This act shall take effect January 1,
1994." [1993 c 424 § 18.]
(2002 Ed.)
46.70.900
46.71.011 Definitions. For purposes of this chapter:
(1) An "aftermarket body part" or "nonoriginal equipment manufacturer body part" is an exterior body panel or
nonstructural body component manufactured by someone
other than the original equipment manufacturer and supplied
through suppliers other than those in the manufacturer’s
normal distribution channels.
(2) "Automotive repair" includes but is not limited to:
(a) All repairs to vehicles subject to chapter 46.16 RCW
that are commonly performed in a repair facility by a motor
vehicle technician including the diagnosis, installation,
exchange, or repair of mechanical or electrical parts or units
for any vehicle, the performance of any electrical or mechanical adjustment to any vehicle, or the performance of any
service work required for routine maintenance or repair of
any vehicle. However, commercial fleet repair or maintenance transactions involving two or more vehicles or
ongoing service or maintenance contracts involving vehicles
used primarily for business purposes are not included;
(b) All work in facilities that perform one or more
specialties within the automotive repair service industry
including, but not limited to, body collision repair, refinishing, brake, electrical, exhaust repair or installation, frame,
unibody, front-end, radiators, tires, transmission, tune-up, and
windshield; and
(c) The removal, replacement, or repair of exterior body
panels, the removal, replacement, or repair of structural and
nonstructural body components, the removal, replacement, or
repair of collision damaged suspension components, and the
refinishing of automotive components.
(3) "Automotive repair facility" or "repair facility"
means any person, firm, association, or corporation who for
compensation engages in the business of automotive repair
or diagnosis, or both, of malfunctions of motor vehicles
subject to licensure under chapter 46.16 RCW and repair and
refinishing auto-body collision damage as well as overall
refinishing and cosmetic repairs.
(4) A "rebuilt" part consists of a used assembly that has
been dismantled and inspected with only the defective parts
being replaced.
(5) A "remanufactured" part consists of a used assembly
that has been dismantled with the core parts being
remachined and all other parts replaced with new parts so as
to provide performance comparable to that found originally.
[1993 c 424 § 2.]
Severability—Effective date—1993 c 424: See notes following
RCW 46.71.005.
46.71.015 Estimates—Invoices—Recordkeeping
requirements. (1) Except as otherwise provided in RCW
46.71.025, all estimates that exceed one hundred dollars shall
be in writing and include the following information: The
date; the name, address, and telephone number of the repair
facility; the name, address, and telephone number, if available, of the customer or the customer’s designee; if the
vehicle is delivered for repair, the year, make, and model of
the vehicle, the vehicle license plate number or last eight
digits of the vehicle identification number, and the odometer
reading of the vehicle; a description of the problem reported
by the customer or the specific repairs requested by the
[Title 46 RCW—page 261]
46.71.015
Title 46 RCW: Motor Vehicles
customer; and a choice of alternatives described in RCW
46.71.025.
(2) Whether or not a written estimate is required, parts
and labor provided by an automotive repair facility shall be
clearly and accurately recorded in writing on an invoice and
shall include, in addition to the information listed in subsection (1) of this section, the following information: A description of the repair or maintenance services performed on
the vehicle; a list of all parts supplied, identified by name
and part number, if available, part kit description or recognized package or shop supplies, if any, and an indication
whether the parts supplied are rebuilt, or used, if applicable
or where collision repair is involved, aftermarket body parts
or nonoriginal equipment manufacturer body parts, if applicable; the price per part charged, if any, and the total amount
charged for all parts; the total amount charged for all labor,
if any; and the total charge. Parts and labor do not need to
be separately disclosed if pricing is expressed as an advertised special by the job, a predisclosed written repair menu
item, or a routine service package.
(3) Notwithstanding subsection (2) of this section, if the
repair work is performed under warranty or without charge
to the customer, other than an applicable deductible, the
repair facility shall provide either an itemized list of the
parts supplied, or describe the service performed on the
vehicle, but the repair facility is not required to provide any
pricing information for parts or labor.
(4) A copy of the estimate, unless waived, shall be
provided to the customer or customer’s designee prior to
providing parts or labor as required under RCW 46.71.025.
A copy of the invoice shall be provided to the customer
upon completion of the repairs.
(5) Only material omissions, under this section, are
actionable in a court of law or equity. [1993 c 424 § 3.]
nonoriginal equipment manufacturer body parts, if applicable, or offer the following alternatives:
"YOU ARE ENTITLED TO A WRITTEN PRICE ESTIMATE FOR THE REPAIRS YOU HAVE AUTHORIZED.
YOU ARE ALSO ENTITLED TO REQUIRE THE REPAIR
FACILITY TO OBTAIN YOUR ORAL OR WRITTEN
AUTHORIZATION TO EXCEED THE WRITTEN PRICE
ESTIMATE. YOUR SIGNATURE OR INITIALS WILL
INDICATE YOUR SELECTION.
1. I request an estimate in writing before you begin
repairs. Contact me if the price will exceed this
estimate by more than ten percent.
2. Proceed with repairs but contact me if the price
will exceed $. . . . . .
3. I do not want a written estimate.
........
(Initial or signature)
Date: . . . .
Time: . . . . "
46.71.021 Disposition of replaced parts. Except for
parts covered by a manufacturer’s or other warranty or parts
that must be returned to a distributor, remanufacturer, or
rebuilder, the repair facility shall return replaced parts to the
customer at the time the work is completed if the customer
requested the parts at the time of authorization of the repair.
If a customer at the time of authorization of the repair requests the return of a part that must be returned to the
manufacturer, remanufacturer, distributor, recycler, or
rebuilder, or must be disposed of as required by law, the
repair facility shall offer to show the part to the customer.
The repair facility need not show a replaced part if no
charge is being made for the replacement part. [1993 c 424
§ 4.]
(2) The repair facility may not charge the customer
more than one hundred ten percent, exclusive of retail sales
tax, of the total shown on the written price estimate. Neither
of these limitations apply if, before providing additional parts
or labor the repair facility obtains either the oral or written
authorization of the customer, or the customer’s designee, to
exceed the written price estimate. The repair facility or its
representative shall note on the estimate the date and time of
obtaining an oral authorization, the additional parts and labor
required, the estimated cost of the additional parts and labor,
or where collision repair is involved, aftermarket body parts
or nonoriginal equipment manufacturer body parts, if
applicable, the name or identification number of the employee who obtains the authorization, and the name and telephone number of the person authorizing the additional costs.
(3) A written estimate shall not be required when the
customer’s motor vehicle or component has been brought to
an automotive repair facility’s regular place of business
without face-to-face contact between the customer and the
repair facility. Face-to-face contact means actual in-person
discussion between the customer or his or her designee and
the agent or employee of the automotive repair facility
authorized to intake vehicles or components. However, prior
to providing parts and labor, the repair facility must obtain
either the oral or written authorization of the customer or the
customer’s designee. The repair facility or its representative
shall note on the estimate or repair order the date and time
of obtaining an oral authorization, the total amount authorized, the name or identification number of the employee
who obtains the authorization, and the name of the person
authorizing the repairs. [1993 c 424 § 5.]
Severability—Effective date—1993 c 424: See notes following
RCW 46.71.005.
Severability—Effective date—1993 c 424: See notes following
RCW 46.71.005.
46.71.025 Estimate required—Alternatives—
Authorization to exceed. (1) Except as provided in
subsection (3) of this section, a repair facility prior to
providing parts or labor shall provide the customer or the
customer’s designee with a written price estimate of the total
cost of the repair, including parts and labor, or where
collision repair is involved, aftermarket body parts or
46.71.031 Required signs. An automotive repair
facility shall post in a prominent place on the business
premises one or more signs, readily visible to customers, in
the following form:
Severability—Effective date—1993 c 424: See notes following
RCW 46.71.005.
[Title 46 RCW—page 262]
"YOUR CUSTOMER RIGHTS
YOU ARE ENTITLED BY LAW TO:
(2002 Ed.)
Automotive Repair
1.
A WRITTEN ESTIMATE FOR REPAIRS WHICH
WILL COST MORE THAN ONE HUNDRED
DOLLARS, UNLESS WAIVED OR ABSENT
FACE-TO-FACE CONTACT (SEE ITEM 4 BELOW);
2.
RETURN OR INSPECTION OF ALL REPLACED
PARTS, IF REQUESTED AT TIME OF REPAIR
AUTHORIZATION;
3.
AUTHORIZE ORALLY OR IN WRITING ANY
REPAIRS WHICH EXCEED THE ESTIMATED
TOTAL PRESALES TAX COST BY MORE
THAN TEN PERCENT;
4.
AUTHORIZE ANY REPAIRS ORALLY OR IN
WRITING IF YOUR VEHICLE IS LEFT WITH
THE REPAIR FACILITY WITHOUT FACE-TOFACE CONTACT BETWEEN YOU AND THE
REPAIR FACILITY PERSONNEL.
IF YOU HAVE AUTHORIZED A REPAIR IN ACCORDANCE WITH THE ABOVE INFORMATION YOU ARE
REQUIRED TO PAY FOR THE COSTS OF THE REPAIR
PRIOR TO TAKING THE VEHICLE FROM THE PREMISES."
The first line of each sign shall be in letters not less
than one and one-half inch in height and the remaining lines
shall be in letters not less than one-half inch in height.
[1993 c 424 § 6.]
Severability—Effective date—1993 c 424: See notes following
RCW 46.71.005.
46.71.035 Failure to comply with estimate requirements. An automotive repair facility that fails to comply
with the estimate requirements of RCW 46.71.025 is barred
from recovering in an action to recover for automotive
repairs any amount in excess of one hundred ten percent of
the amount authorized by the customer, or the customer’s
designee, unless the repair facility proves by a preponderance of the evidence that its conduct was reasonable,
necessary, and justified under the circumstances. In an
action to recover for automotive repairs the prevailing party
may, at the discretion of the court, recover the costs of the
action and reasonable attorneys’ fees. [1993 c 424 § 7.]
Severability—Effective date—1993 c 424: See notes following
RCW 46.71.005.
46.71.041 Liens barred for failure to comply. A
repair facility that fails to comply with RCW 46.71.021,
46.71.025, or 46.71.031 is barred from asserting a possessory
or chattel lien for the amount of the unauthorized parts or
labor upon the motor vehicle or component. [1993 c 424 §
8.]
Severability—Effective date—1993 c 424: See notes following
RCW 46.71.005.
46.71.045 Unlawful acts or practices. Each of the
following acts or practices are unlawful:
(1) Advertising that is false, deceptive, or misleading.
A single or isolated media mistake does not constitute a
false, deceptive, or misleading statement or misrepresentation
under this section;
(2002 Ed.)
46.71.031
(2) Materially understating or misstating the estimated
price for a specified repair procedure;
(3) Retaining payment from a customer for parts not
delivered or installed or a labor operation or repair procedure
that has not actually been performed;
(4) Unauthorized operation of a customer’s vehicle for
purposes not related to repair or diagnosis;
(5) Failing or refusing to provide a customer, upon
request, a copy, at no charge, of any document signed by the
customer;
(6) Retaining duplicative payment from both the
customer and the warranty or extended service contract
provider for the same covered component, part, or labor;
(7) Charging a customer for unnecessary repairs. For
purposes of this subsection "unnecessary repairs" means
those for which there is no reasonable basis for performing
the service. A reasonable basis includes, but is not limited
to: (a) That the repair service is consistent with specifications established by law or the manufacturer of the motor
vehicle, component, or part; (b) that the repair is in accordance with accepted industry standards; or (c) that the repair
was performed at the specific request of the customer.
[1993 c 424 § 9.]
Severability—Effective date—1993 c 424: See notes following
RCW 46.71.005.
46.71.051 Copy of warranty. The repair facility shall
make available, upon request, a copy of any express warranty provided by the repair facility to the customer that covers
repairs performed on the vehicle. [1993 c 424 § 10.]
Severability—Effective date—1993 c 424: See notes following
RCW 46.71.005.
46.71.060 Retention of price estimates and invoices.
Every automotive repair facility shall retain and make
available for inspection, upon request by the customer or the
customer’s authorized representative, true copies of the
written price estimates and invoices required under this
chapter for at least one year after the date on which the
repairs were performed. [1993 c 424 § 11; 1982 c 62 § 7;
1977 ex.s. c 280 § 6.]
Severability—Effective date—1993 c 424: See notes following
RCW 46.71.005.
46.71.070 Consumer Protection Act—Defense. The
legislature finds that the practices covered by this chapter are
matters vitally affecting the public interest for the purpose of
applying the Consumer Protection Act, chapter 19.86 RCW.
Violations of this chapter are not reasonable in relation to
the development and preservation of business. A violation
of this chapter is an unfair or deceptive act in trade or
commerce and an unfair method of competition for the purpose of applying the Consumer Protection Act, chapter 19.86
RCW. In an action under chapter 19.86 RCW due to an
automotive repair facility’s charging a customer an amount
in excess of one hundred ten percent of the amount authorized by the customer, a violation shall not be found if the
automotive repair facility proves by a preponderance of the
evidence that its conduct was reasonable, necessary, and
justified under the circumstances.
[Title 46 RCW—page 263]
46.71.070
Title 46 RCW: Motor Vehicles
Notwithstanding RCW 46.64.050, no violation of this
chapter shall give rise to criminal liability under that section.
[1993 c 424 § 12; 1982 c 62 § 9; 1977 ex.s. c 280 § 7.]
Severability—Effective date—1993 c 424: See notes following
RCW 46.71.005.
46.71.080 Notice of chapter to vehicle owners.
Whenever a vehicle license renewal form under RCW
46.16.210 is given to the registered owner of any vehicle, the
department of licensing shall give to the owner written
notice of the provisions of this chapter in a manner prescribed by the director of licensing. [1982 c 62 § 10.]
46.71.090 Notice of chapter to repair facilities.
When the department of revenue issues a registration
certificate under RCW 82.32.030 to an automotive repair
facility, it shall give written notice to the person of the requirements of this chapter in a manner prescribed by the
director of revenue. The department of revenue shall
thereafter give the notice on an annual basis in conjunction
with the business and occupation tax return provided to each
person holding a registration certificate as an automotive
repair facility. [1993 c 424 § 13; 1982 c 62 § 11.]
Severability—Effective date—1993 c 424: See notes following
RCW 46.71.005.
Chapter 46.72
TRANSPORTATION OF PASSENGERS IN FOR
HIRE VEHICLES
Sections
46.72.001
46.72.010
46.72.020
46.72.030
46.72.040
46.72.050
46.72.060
46.72.070
46.72.080
46.72.100
Finding and intent.
Definitions.
Permit required—Form of application.
Permit fee—Issuance—Display.
Surety bond.
Liability coverage—Right of action saved.
Right of action—Limitation of recovery.
Certificate—Fee.
Substitution of security—New certificate.
Refusal, suspension, or revocation of permit or certificate—
Penalty for unlawful operation.
46.72.110 Fees to highway safety fund.
46.72.120 Rules.
46.72.130 Nonresident taxicabs—Permit—Fee—Compliance.
46.72.140 Nonresident taxicabs—Permit required for entry.
46.72.150 Nonresident taxicabs—Reciprocity.
46.72.160 Local regulation.
46.72.170 Joint regulation.
46.72.180 Uniform regulation of business and professions act.
Age of drivers of for hire vehicles: RCW 46.20.045.
Taxicab companies, local regulation: Chapter 81.72 RCW.
46.72.001 Finding and intent. The legislature finds
and declares that privately operated for hire transportation
service is a vital part of the transportation system within the
state. Consequently, the safety, reliability, and stability of
privately operated for hire transportation services are matters
of statewide importance. The regulation of privately operated for hire transportation services is thus an essential
governmental function. Therefore, it is the intent of the
legislature to permit political subdivisions of the state to
regulate for hire transportation services without liability
under federal antitrust laws. [1996 c 87 § 17.]
[Title 46 RCW—page 264]
46.72.010 Definitions. When used in this chapter:
(1) The term "for hire vehicle" includes all vehicles
used for the transportation of passengers for compensation,
except auto stages, school buses operating exclusively under
a contract to a school district, ride-sharing vehicles under
chapter 46.74 RCW, limousine carriers licensed under
chapter 46.72A RCW, vehicles used by nonprofit transportation providers for elderly or handicapped persons and their
attendants under chapter 81.66 RCW, vehicles used by auto
transportation companies licensed under chapter 81.68 RCW,
vehicles used to provide courtesy transportation at no charge
to and from parking lots, hotels, and rental offices, and
vehicles used by charter party carriers of passengers and
excursion service carriers licensed under chapter 81.70
RCW;
(2) The term "for hire operator" means and includes any
person, concern, or entity engaged in the transportation of
passengers for compensation in for hire vehicles. [1996 c 87
§ 18; 1991 c 99 § 1; 1979 c 111 § 14; 1961 c 12 §
46.72.010. Prior: 1947 c 253 § 1; Rem. Supp. 1947 §
6386-1. Formerly RCW 81.72.010.]
Severability—1979 c 111: See note following RCW 46.74.010.
46.72.020 Permit required—Form of application.
No for hire operator shall cause operation of a for hire
vehicle upon any highway of this state without first obtaining a permit from the director of licensing, except for those
for hire operators regulated by cities or counties in accordance with chapter 81.72 RCW. Application for a permit
shall be made on forms provided by the director and shall
include (1) the name and address of the owner or owners,
and if a corporation, the names and addresses of the principal officers thereof; (2) city, town or locality in which any
vehicle will be operated; (3) name and motor number of any
vehicle to be operated; (4) the endorsement of a city official
authorizing an operator under a law or ordinance requiring
a license; and (5) such other information as the director may
require. [1992 c 114 § 1; 1979 c 158 § 188; 1967 c 32 §
80; 1961 c 12 § 46.72.020. Prior: 1947 c 253 § 2; Rem.
Supp. 1947 § 6386-2; prior: 1915 c 57 § 1; RRS § 6382.
Formerly RCW 81.72.020.]
46.72.030 Permit fee—Issuance—Display. Application for a permit shall be forwarded to the director with a
fee. Upon receipt of such application and fee, the director
shall, if such application be in proper form, issue a permit
authorizing the applicant to operate for hire vehicles upon
the highways of this state until such owner ceases to do
business as such, or until the permit is suspended or revoked.
Such permit shall be displayed in a conspicuous place in the
principal place of business of the owner. [1992 c 114 § 2;
1967 c 32 § 81; 1961 c 12 § 46.72.030. Prior: 1947 c 253
§ 3; Rem. Supp. 1947 § 6386-3; prior: 1933 c 73 § 1, part;
1915 c 57 § 2, part; RRS § 6383, part. Formerly RCW
81.72.030.]
46.72.040 Surety bond. Before a permit is issued
every for hire operator shall be required to deposit and
(2002 Ed.)
Transportation of Passengers in for Hire Vehicles
thereafter keep on file with the director a surety bond
running to the state of Washington covering each and every
for hire vehicle as may be owned or leased by him and used
in the conduct of his business as a for hire operator. Such
bond shall be in the sum of one hundred thousand dollars for
any recovery for death or personal injury by one person, and
three hundred thousand dollars for all persons killed or
receiving personal injury by reason of one act of negligence,
and twenty-five thousand dollars for damage to property of
any person other than the assured, with a good and sufficient
surety company licensed to do business in this state as surety
and to be approved by the director, conditioned for the
faithful compliance by the principal of said bond with the
provisions of this chapter, and to pay all damages which
may be sustained by any person injured by reason of any
careless negligence or unlawful act on the part of said
principal, his agents or employees in the conduct of said
business or in the operation of any motor propelled vehicle
used in transporting passengers for compensation on any
public highway of this state. [1973 c 15 § 1; 1967 c 32 §
82; 1961 c 12 § 46.72.040. Prior: 1947 c 253 § 4; Rem.
Supp. 1947 § 6386-4; prior: 1933 c 73 § 1, part; 1915 c 57
§ 2, part; RRS § 6383, part. Formerly RCW 81.72.040.]
46.72.050 Liability coverage—Right of action saved.
In lieu of the surety bond as provided in this chapter, there
may be deposited and kept on file and in force with the
director a public liability insurance policy covering each and
every motor vehicle operated or intended to be so operated,
executed by an insurance company licensed and authorized
to write such insurance policies in the state of Washington,
assuring the applicant for a permit against property damage
and personal liability to the public, with the premiums paid
and payment noted thereon. Said policy of insurance shall
provide a minimum coverage equal and identical to the
coverage required by the aforesaid surety bond, specified
under the provisions of RCW 46.72.040. No provisions of
this chapter shall be construed to limit the right of any
injured person to any private right of action against a for
hire operator as herein defined. [1973 c 15 § 2; 1967 c 32
§ 83; 1961 c 12 § 46.72.050. Prior: 1947 c 253 § 5; Rem.
Supp. 1947 § 6386-5. Formerly RCW 81.72.050.]
46.72.060 Right of action—Limitation of recovery.
Every person having a cause of action for damages against
any person, firm, or corporation receiving a permit under the
provisions of this chapter, for injury, damages or wrongful
death caused by any careless, negligent or unlawful act of
any such person, firm, or corporation or his, their, or its
agents or employees in conducting or carrying on said
business or in operating any motor propelled vehicle for the
carrying and transporting of passengers over and along any
public street, road or highway shall have a cause of action
against the principal and surety upon the bond or the
insurance company and the insured for all damages sustained, and in any such action the full amount of damages
sustained may be recovered against the principal, but the
recovery against the surety shall be limited to the amount of
the bond. [1961 c 12 § 46.72.060. Prior: 1947 c 253 § 6;
Rem. Supp. 1947 § 6386-6; prior: 1929 c 27 § 1; 1927 c
(2002 Ed.)
46.72.040
161 § 1; 1915 c 57 § 3; RRS § 6384. Formerly RCW
81.72.060.]
46.72.070 Certificate—Fee. The director shall
approve and file all bonds and policies of insurance. The
director shall, upon receipt of fees and after approving the
bond or policy, furnish the owner with an appropriate certificate which must be carried in a conspicuous place in the
vehicle at all times during for hire operation. A for hire
operator shall secure a certificate for each for hire vehicle
operated and pay therefor a fee for each vehicle so registered. Such permit or certificate shall expire on June 30th
of each year, and may be annually renewed upon payment
of a fee. [1992 c 114 § 3; 1967 c 32 § 84; 1961 c 12 §
46.72.070. Prior: 1947 c 253 § 7; Rem. Supp. 1947 §
6386-7. Formerly RCW 81.72.070.]
46.72.080 Substitution of security—New certificate.
In the event the owner substitutes a policy or bond after a
for hire certificate has been issued, a new certificate shall be
issued to the owner. The owner shall submit the substituted
bond or policy to the director for approval, together with a
fee. If the director approves the substituted policy or bond,
a new certificate shall be issued. In the event any certificate
has been lost, destroyed or stolen, a duplicate thereof may be
obtained by filing an affidavit of loss and paying a fee.
[1992 c 114 § 4; 1967 c 32 § 85; 1961 c 12 § 46.72.080.
Prior: 1947 c 253 § 8; Rem. Supp. 1947 § 6386-8. Formerly RCW 81.72.080.]
46.72.100 Refusal, suspension, or revocation of
permit or certificate—Penalty for unlawful operation.
(Effective until January 1, 2003.) The director may refuse
to issue a permit or certificate, or he may suspend or revoke
a permit or certificate if he has good reason to believe that
one of the following is true of the operator or the applicant
for a permit or certificate: (1) He has been convicted of an
offense of such a nature as to indicate that he is unfit to hold
a certificate or permit; (2) he is guilty of committing two or
more offenses for which mandatory revocation of driver’s
license is provided by law; (3) he has been convicted of
vehicular homicide or vehicular assault; (4) he is intemperate
or addicted to the use of narcotics.
Notice of the director to refuse, suspend, or revoke the
permit or certificate shall be given by certified mail to the
holder or applicant for the permit or certificate and shall
designate a time and place for a hearing before the director,
which shall not be less than ten days from the date of the
notice. If the director, after the hearing, decides that a
permit shall be canceled or revoked, he shall notify the
holder or applicant to that effect by certified mail. The
applicant or permit holder may within thirty days from the
date of the decision appeal to the superior court of Thurston
county for a review of the decision by filing a copy of the
notice with the clerk of the superior court and a copy of the
notice in the office of the director. The court shall set the
matter down for hearing with the least possible delay.
Any for hire operator who operates a for hire vehicle
without first having filed a bond or insurance policy and
having received a for hire permit and a for hire certificate as
required by this chapter is guilty of a gross misdemeanor,
[Title 46 RCW—page 265]
46.72.100
Title 46 RCW: Motor Vehicles
and upon conviction shall be punished by imprisonment in
jail for a period not exceeding ninety days or a fine of not
exceeding five hundred dollars, or both fine and imprisonment. [1983 c 164 § 8; 1967 c 32 § 86; 1961 c 12 §
46.72.100. Prior: 1947 c 253 § 9; Rem. Supp. 1947 §
6386-9; prior: 1915 c 57 § 4; RRS § 6385. Formerly RCW
81.72.100.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.72.100 Unprofessional conduct—Bond/insurance
policy—Penalty. (Effective January 1, 2003.) In addition
to the unprofessional conduct specified in RCW 18.235.130,
the director may take disciplinary action if he or she has
good reason to believe that one of the following is true of
the operator or the applicant for a permit or certificate: (1)
He or she is guilty of committing two or more offenses for
which mandatory revocation of driver’s license is provided
by law; (2) he or she has been convicted of vehicular homicide or vehicular assault; (3) he or she is intemperate or
addicted to the use of narcotics.
Any for hire operator who operates a for hire vehicle
without first having filed a bond or insurance policy and
having received a for hire permit and a for hire certificate as
required by this chapter is guilty of a gross misdemeanor,
and upon conviction shall be punished by imprisonment in
jail for a period not exceeding ninety days or a fine of not
exceeding five hundred dollars, or both fine and imprisonment. [2002 c 86 § 293; 1983 c 164 § 8; 1967 c 32 § 86;
1961 c 12 § 46.72.100. Prior: 1947 c 253 § 9; Rem. Supp.
1947 § 6386-9; prior: 1915 c 57 § 4; RRS § 6385. Formerly RCW 81.72.100.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
46.72.110 Fees to highway safety fund. All fees
received by the director under the provisions of this chapter
shall be transmitted by him, together with a proper identifying report, to the state treasurer to be deposited by the state
treasurer in the highway safety fund. [1967 c 32 § 87; 1961
c 12 § 46.72.110. Prior: 1947 c 253 § 10; Rem. Supp.
1947 § 6386-10. Formerly RCW 81.72.110.]
46.72.120 Rules. The director is empowered to make
and enforce such rules and regulations, including the setting
of fees, as may be consistent with and necessary to carry out
the provisions of this chapter. [1992 c 114 § 5; 1967 c 32
§ 88; 1961 c 12 § 46.72.120. Prior: 1947 c 253 § 11; Rem.
Supp. 1947 § 6386-11. Formerly RCW 81.72.120.]
46.72.130 Nonresident taxicabs—Permit—Fee—
Compliance. No operator of a taxicab licensed or possessing a permit in another state to transport passengers for hire,
and principally engaged as a for hire operator in another
state, shall cause the operation of a taxicab upon any
highway of this state without first obtaining an annual permit
from the director upon an application accompanied with an
annual fee for each taxicab. The issuance of a permit shall
[Title 46 RCW—page 266]
be further conditioned upon compliance with this chapter.
[1992 c 114 § 6; 1967 c 32 § 89; 1961 c 12 § 46.72.130.
Prior: 1953 c 12 § 1; 1951 c 219 § 1. Formerly RCW
81.72.130.]
46.72.140 Nonresident taxicabs—Permit required
for entry. All law enforcement officers shall refuse every
taxicab entry into this state which does not have a certificate
from the director on the vehicle. [1967 c 32 § 90; 1961 c
12 § 46.72.140. Prior: 1951 c 219 § 2. Formerly RCW
81.72.140.]
46.72.150 Nonresident taxicabs—Reciprocity. RCW
46.72.130 and 46.72.140 shall be inoperative to operators of
taxicabs residing and licensed in any state which allows
Washington operators of taxicabs to use such state’s highways free from such regulations. [1961 c 12 § 46.72.150.
Prior: 1951 c 219 § 3. Formerly RCW 81.72.150.]
46.72.160 Local regulation. Cities, counties, and port
districts may license, control, and regulate all for hire
vehicles operating within their respective jurisdictions. The
power to regulate includes:
(1) Regulating entry into the business of providing for
hire vehicle transportation services;
(2) Requiring a license to be purchased as a condition
of operating a for hire vehicle and the right to revoke,
cancel, or refuse to reissue a license for failure to comply
with regulatory requirements;
(3) Controlling the rates charged for providing for hire
vehicle transportation service and the manner in which rates
are calculated and collected;
(4) Regulating the routes and operations of for hire
vehicles, including restricting access to airports;
(5) Establishing safety and equipment requirements; and
(6) Any other requirements adopted to ensure safe and
reliable for hire vehicle transportation service. [1996 c 87
§ 19.]
46.72.170 Joint regulation. The department, a city,
county, or port district may enter into cooperative agreements with any other city, town, county, or port district for
the joint regulation of for hire vehicles. Cooperative
agreements may provide for, but are not limited to, the
granting, revocation, and suspension of joint for hire vehicle
licenses. [1996 c 87 § 20.]
46.72.180 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 294.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
(2002 Ed.)
Limousines
Chapter 46.72A
LIMOUSINES
Sections
46.72A.010
46.72A.020
46.72A.030
46.72A.040
46.72A.050
46.72A.060
46.72A.070
46.72A.080
46.72A.090
46.72A.100
46.72A.110
46.72A.120
46.72A.130
46.72A.140
Finding and intent.
Office required—Exception.
Regulation—Inspection.
State preemption.
Business license, vehicle certificates required.
Insurance—Amount—Penalty.
Vehicle certificates—Issuance of new or duplicate certificate—Penalty.
Advertising—Penalty.
Chauffeurs—Criteria for.
Actions against license—Chauffeur.
Deposit of fees.
Rules and fees.
Continued operation of existing limousines.
Uniform regulation of business and professions act.
46.72A.010 Finding and intent. The legislature finds
and declares that privately operated limousine transportation
service is a vital part of the transportation system within the
state and provides prearranged transportation services to state
residents, tourists, and out-of-state business people. Consequently, the safety, reliability, and stability of privately
operated limousine transportation services are matters of
statewide importance. The regulation of privately operated
limousine transportation services is thus an essential governmental function. Therefore, it is the intent of the legislature to permit the department and a port district in a county
with a population of one million or more to regulate limousine transportation services without liability under federal
antitrust laws. [1996 c 87 § 4.]
Transfer of powers, duties, and functions—1996 c 87: "(1) All
powers, duties, and functions of the utilities and transportation commission
pertaining to the regulation of limousines and limousine charter party
carriers are transferred to the department of licensing. All references to the
utilities and transportation commission in the Revised Code of Washington
shall be construed to mean the director or the department of licensing when
referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files, papers,
or written material in the possession of the utilities and transportation
commission pertaining to the powers, functions, and duties transferred shall
be delivered to the custody of the department of licensing. All cabinets,
furniture, office equipment, motor vehicles, and other tangible property
employed by the utilities and transportation commission in carrying out the
powers, functions, and duties transferred shall be made available to the
department of licensing. All funds, credits, or other assets held in
connection with the powers, functions, and duties transferred shall be
assigned to the department of licensing.
(b) Any appropriations made to the utilities and transportation
commission for carrying out the powers, functions, and duties transferred
shall, on June 6, 1996, be transferred and credited to the department of
licensing.
(c) Whenever any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other tangible
property used or held in the exercise of the powers and the performance of
the duties and functions transferred, the director of financial management
shall make a determination as to the proper allocation and certify the same
to the state agencies concerned.
(3) All rules and all pending business before the utilities and
transportation commission pertaining to the powers, functions, and duties
transferred shall be continued and acted upon by the department of
licensing. All existing contracts and obligations shall remain in full force
and shall be performed by the department of licensing.
(4) The transfer of the powers, duties, and functions of the utilities and
transportation commission shall not affect the validity of any act performed
before June 6, 1996.
(5) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial management shall
(2002 Ed.)
Chapter 46.72A
certify the apportionments to the agencies affected, the state auditor, and the
state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in
accordance with the certification." [1996 c 87 § 22.]
46.72A.020 Office required—Exception. All
limousine carriers must operate from a main office and may
have satellite offices. However, no office may be solely in
a vehicle of any type. All arrangements for the carrier’s
services must be made through its offices and dispatched to
the carrier’s vehicles. Under no circumstances may customers or customers’ agents make arrangements for immediate
rental of a carrier’s vehicle with the driver of the vehicle,
even if the driver is an owner or officer of the company,
with the single exception of stand-hail limousines only at a
facility owned and operated by a port district in a county
with a population of one million or more that are licensed
and restricted by the rules and policies set forth by the port
district. [1996 c 87 § 5.]
46.72A.030 Regulation—Inspection. (1) The
department, in conjunction with the Washington state patrol,
shall regulate limousine carriers with respect to entry, safety
of equipment, chauffeur qualifications, and operations. The
department shall adopt rules and require such reports as are
necessary to carry out this chapter.
(2) In addition, a port district in a county with a
population of one million or more may regulate limousine
carriers with respect to entry, safety of equipment, chauffeur
qualifications, and operations. The county in which the port
district is located may adopt ordinances and rules to assist
the port district in enforcement of limousine regulations only
at port facilities. In no event may this be construed to grant
the county the authority to regulate limousines within its
jurisdiction. The port district may not set limousine rates,
but the limousine carriers shall file their rates and schedules
with the port district.
(3) The department, a port district in a county with a
population of at least one million, or a county in which the
port district is located may enter into cooperative agreements
for the joint regulation of limousines.
(4) The Washington state patrol shall annually conduct
a vehicle inspection of each limousine licensed under this
chapter, except when a port district regulates limousine
carriers under subsection (2) of this section, that port district
or county in which the port [district] is located shall conduct
the annual vehicle inspection. The patrol, the port district,
or the county may impose an annual vehicle inspection fee.
[1996 c 87 § 6.]
46.72A.040 State preemption. Except when a port
district regulates limousine carriers under RCW 46.72A.030,
the state of Washington fully occupies and preempts the
entire field of regulation over limousine carriers as regulated
by this chapter. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to
limousine carriers that are consistent with this chapter.
[1996 c 87 § 7.]
46.72A.050 Business license, vehicle certificates
required. No limousine carrier may operate a limousine
[Title 46 RCW—page 267]
46.72A.050
Title 46 RCW: Motor Vehicles
upon the highways of this state without first obtaining a
business license from the department. The applicant shall
forward an application for a business license to the department along with a fee established by rule. Upon approval of
the application, the department shall issue a business license
and unified business identifier authorizing the carrier to
operate limousines upon the highways of this state.
In addition, a limousine carrier shall annually obtain,
upon payment of the appropriate fee, a vehicle certificate for
each limousine operated by the carrier. [1996 c 87 § 8.]
46.72A.060 Insurance—Amount—Penalty. The
department shall require limousine carriers to obtain and
continue in effect, liability and property damage insurance
from a company licensed to sell liability insurance in this
state for each limousine used to transport persons for
compensation.
The department shall fix the amount of the insurance
policy or policies, giving consideration to the character and
amount of traffic, the number of persons affected, and the
degree of danger that the proposed operation involves. The
limousine carrier must maintain the liability and property
damage insurance in force on each motor-propelled vehicle
while so used.
Failure to file and maintain in effect this insurance is a
gross misdemeanor. [1996 c 87 § 9.]
46.72A.070 Vehicle certificates—Issuance of new or
duplicate certificate—Penalty. If the limousine carrier
substitutes a liability and property damage insurance policy
after a vehicle certificate has been issued, a new vehicle
certificate is required. The limousine carrier shall submit the
substituted policy to the department for approval, together
with a fee. If the department approves the substituted
policy, the department shall issue a new vehicle certificate.
If a vehicle certificate has been lost, destroyed, or
stolen, a duplicate vehicle certificate may be obtained by
filing an affidavit of loss and paying a fee. A limousine
carrier who operates a vehicle without first having received
a vehicle certificate as required by this chapter is guilty of
a misdemeanor on the first offense and a gross misdemeanor
on a second or subsequent offense. [1996 c 87 § 10.]
46.72A.080 Advertising—Penalty. (1) No limousine
carrier may advertise without listing the carrier’s unified
business identifier issued by the department in the advertisement and specifying the type of service offered as provided
in RCW 46.04.274. No limousine carrier may advertise or
hold itself out to the public as providing taxicab transportation services.
(2) All advertising, contracts, correspondence, cards,
signs, posters, papers, and documents that show a limousine
carrier’s name or address shall list the carrier’s unified
business identifier and the type of service offered. The alphabetized listing of limousine carriers appearing in the
advertising sections of telephone books or other directories
and all advertising that shows the carrier’s name or address
must show the carrier’s current unified business identifier.
(3) Advertising in the alphabetical listing in a telephone
directory need not contain the carrier’s certified business
identifier.
[Title 46 RCW—page 268]
(4) Advertising by electronic transmission need not
contain the carrier’s unified business identifier if the carrier
provides it to the person selling the advertisement and it is
recorded in the advertising contract.
(5) It is a gross misdemeanor for a person to (a) falsify
a unified business identifier or use a false or inaccurate
unified business identifier; (b) fail to specify the type of
service offered; or (c) advertise or otherwise hold itself out
to the public as providing taxicab transportation services in
connection with a solicitation or identification as an authorized limousine carrier. [1997 c 193 § 1; 1996 c 87 § 11.]
46.72A.090 Chauffeurs—Criteria for. The limousine
carrier shall certify to the appropriate regulating authority
that each chauffeur hired to operate a limousine meets the
following criteria: (1) Is at least twenty-one years of age;
(2) holds a valid Washington state driver’s license; (3) has
successfully completed a training course approved by the
department; (4) has successfully passed a written examination; (5) has successfully completed a background check
performed by the Washington state patrol; and (6) has
submitted a medical certificate certifying the individual’s
fitness as a chauffeur. Upon initial application and every
three years thereafter, a chauffeur must file a physician’s
certification with the limousine carrier validating the
individual’s fitness to drive a limousine. The department
shall determine the scope of the examination. The director
may require a chauffeur to be reexamined at any time.
The limousine carrier shall keep on file and make
available for inspection all documents required by this
section. [1996 c 87 § 12.]
46.72A.100 Actions against license—Chauffeur.
(Effective until January 1, 2003.) The department may
suspend, revoke, or refuse to issue a license if it has good
reason to believe that one of the following is true of a chauffeur hired to drive a limousine: (1) The person has been
convicted of an offense of such a nature as to indicate that
he or she is unfit to qualify as a chauffeur; (2) the person is
guilty of committing two or more offenses for which
mandatory revocation of a driver’s license is provided by
law; (3) the person has been convicted of vehicular homicide
or vehicular assault; (4) the person is intemperate or addicted
to narcotics. [1996 c 87 § 13.]
46.72A.100 Unprofessional conduct—Sanctions—
Chauffeur. (Effective January 1, 2003.) The director may
impose any of the sanctions specified in RCW 18.235.110
for unprofessional conduct as described in RCW 18.235.130
or if one of the following is true of a chauffeur hired to
drive a limousine including where such a chauffeur is also
the carrier: (1) The person has been convicted of an offense
of such a nature as to indicate that he or she is unfit to
qualify as a chauffeur; (2) the person is guilty of committing
two or more offenses for which mandatory revocation of a
driver’s license is provided by law; (3) the person has been
convicted of vehicular homicide or vehicular assault; (4) the
person is intemperate or addicted to narcotics. [2002 c 86
§ 295; 1996 c 87 § 13.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
(2002 Ed.)
Limousines
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
46.72A.110 Deposit of fees. The department shall
transmit all fees received under this chapter, together with a
proper identifying report, to the state treasurer to be deposited by the state treasurer in the master license fund. [1996
c 87 § 14.]
46.72A.120 Rules and fees. The department may
adopt and enforce such rules, including the setting of fees,
as may be consistent with and necessary to carry out this
chapter. The fees must approximate the cost of administration. [1996 c 87 § 15.]
46.72A.130 Continued operation of existing limousines. A vehicle operated as a limousine under *chapter
81.90 RCW before April 1, 1996, may continue to operate
as a limousine even though it may not meet the definition of
limousine in RCW 46.04.274 as long as the owner is the
same as the registered owner on April 1, 1996, and the
vehicle and limousine carrier otherwise comply with this
chapter. [1996 c 87 § 16.]
46.72A.100
46.73.010 is conditioned upon the continued receipt of
federal funds or grants for the support of state enforcement
of such rules. Within ninety days of finding that federal
funds or grants are withdrawn or not renewed, the Washington state patrol and the Washington utilities and transportation commission shall repeal any and all rules adopted under
RCW 46.73.010. [1985 c 333 § 2.]
46.73.030 Penalty. A violation of any rule adopted by
the Washington state patrol under RCW 46.73.010 is a
traffic infraction. [1985 c 333 § 3.]
Chapter 46.74
RIDE SHARING
Sections
46.74.010 Definitions.
46.74.020 Exclusion from for hire vehicle laws.
46.74.030 Operators.
Acquisition and disposal of vehicle for commuter ride sharing by city
employees: RCW 35.21.810.
Public utility tax exemption: RCW 82.16.047.
State-owned vehicles used for commuter ride sharing: RCW 43.41.130.
*Reviser’s note: Chapter 81.90 RCW was repealed by 1996 c 87 §
23.
46.72A.140 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 296.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Chapter 46.73
PRIVATE CARRIER DRIVERS
Sections
46.73.010 Qualifications and hours of service.
46.73.020 Federal funds as necessary condition.
46.73.030 Penalty.
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.73.010 Qualifications and hours of service. The
Washington state patrol may adopt rules establishing
standards for qualifications and hours of service of drivers
for private carriers as defined by RCW 81.80.010(6). Such
standards shall correlate with and, as far as reasonable,
conform to the regulations contained in Title 49 C.F.R.,
Chapter 3, Subchapter B, Parts 391 and 395, on July 28,
1985. At least thirty days before filing notice of the
proposed rules with the code reviser, the state patrol shall
submit them to the legislative transportation committee for
review. [1985 c 333 § 1.]
Legislative transportation committee: Chapter 44.40 RCW.
46.73.020 Federal funds as necessary condition.
The delegation of rule-making authority contained in RCW
(2002 Ed.)
46.74.010 Definitions. The definitions set forth in this
section shall apply throughout this chapter, unless the context
clearly indicates otherwise.
(1) "Commuter ride sharing" means a car pool or van
pool arrangement whereby one or more fixed groups not
exceeding fifteen persons each including the drivers, and (a)
not fewer than five persons including the drivers, or (b) not
fewer than four persons including the drivers where at least
two of those persons are confined to wheelchairs when
riding, are transported in a passenger motor vehicle with a
gross vehicle weight not exceeding ten thousand pounds,
excluding special rider equipment, between their places of
abode or termini near such places, and their places of
employment or educational or other institutions, each group
in a single daily round trip where the drivers are also on the
way to or from their places of employment or educational or
other institution.
(2) "Flexible commuter ride sharing" means a car pool
or van pool arrangement whereby a group of at least two but
not exceeding fifteen persons including the driver is transported in a passenger motor vehicle with a gross vehicle
weight not exceeding ten thousand pounds, excluding special
rider equipment, between their places of abode or termini
near such places, and their places of employment or educational or other institutions, where the driver is also on the
way to or from his or her place of employment or educational or other institution.
(3) "Ride sharing for persons with special transportation
needs" means an arrangement whereby a group of persons
with special transportation needs, and their attendants, is
transported by a public social service agency or a private,
nonprofit transportation provider as defined in RCW
81.66.010(3) in a passenger motor vehicle as defined by the
department to include small buses, cutaways, and modified
vans not more than twenty-eight feet long: PROVIDED,
That the driver need not be a person with special transportation needs.
[Title 46 RCW—page 269]
46.74.010
Title 46 RCW: Motor Vehicles
(4) "Ride-sharing operator" means the person, entity, or
concern, not necessarily the driver, responsible for the
existence and continuance of commuter ride sharing, flexible
commuter ride sharing, or ride sharing for persons with
special transportation needs. The term "ride-sharing operator" includes but is not limited to an employer, an
employer’s agent, an employer-organized association, a state
agency, a county, a city, a public transportation benefit area,
or any other political subdivision that owns or leases a ridesharing vehicle.
(5) "Ride-sharing promotional activities" means those
activities involved in forming a commuter ride-sharing
arrangement or a flexible commuter ride-sharing arrangement, including but not limited to receiving information from
existing and prospective ride-sharing participants, sharing
that information with other existing and prospective ridesharing participants, matching those persons with other
existing or prospective ride-sharing participants, and making
assignments of persons to ride-sharing arrangements.
(6) "Persons with special transportation needs" means
those persons defined in RCW 81.66.010(4). [1997 c 250 §
8; 1997 c 95 § 1; 1996 c 244 § 2; 1979 c 111 § 1.]
Reviser’s note: This section was amended by 1997 c 95 § 1 and by
1997 c 250 § 8, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—1979 c 111: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 111 § 21.]
46.74.020 Exclusion from for hire vehicle laws.
Ride-sharing vehicles are not deemed for hire vehicles and
do not fall within the provisions of chapter 46.72 RCW or
any other provision of Title 46 RCW affecting for hire
vehicles, whether or not the ride-sharing operator receives
compensation. [1979 c 111 § 2.]
Severability—1979 c 111: See note following RCW 46.74.010.
46.74.030 Operators. The operator and the driver of
a commuter ride-sharing vehicle or a flexible commuter ridesharing vehicle shall be held to a reasonable and ordinary
standard of care, and are not subject to ordinances or regulations which relate exclusively to the regulation of drivers
or owners of motor vehicles operated for hire, or other
common carriers or public transit carriers. No person, entity,
or concern may, as a result of engaging in ride-sharing
promotional activities, be liable for civil damages arising
directly or indirectly (1) from the maintenance and operation
of a commuter ride-sharing or flexible commuter ride-sharing
vehicle; or (2) from an intentional act of another person who
is participating or proposing to participate in a commuter
ride-sharing or flexible commuter ride-sharing arrangement,
unless the ride-sharing operator or promoter had prior, actual
knowledge that the intentional act was likely to occur and
had a reasonable ability to prevent the act from occurring.
[1997 c 250 § 9; 1996 c 244 § 3; 1979 c 111 § 3.]
Severability—1979 c 111: See note following RCW 46.74.010.
Chapter 46.76
MOTOR VEHICLE TRANSPORTERS
Sections
46.76.010
46.76.020
46.76.030
46.76.040
46.76.050
46.76.055
46.76.060
46.76.065
46.76.067
46.76.070
46.76.080
License required—Exceptions—"Driveaway," "towaway,"
method defined.
Application for license.
Issuance of license—Plates.
License and plate fees.
Expiration, renewal—Fee.
Staggering renewal periods.
Display of plates—Nontransferability.
Grounds for denial, suspension, or revocation of license.
Compliance with chapter 81.80 RCW.
Rules.
Penalty.
46.76.010 License required—Exceptions—
"Driveaway," "towaway," method defined. It shall be
unlawful for any person, firm, partnership, association, or
corporation to engage in the business of delivering by the
driveaway or towaway methods vehicles not his own and of
a type required to be registered under the laws of this state,
without procuring a transporter’s license in accordance with
the provisions of this chapter.
This shall not apply to motor freight carriers or operations regularly licensed under the provisions of chapter 81.80
RCW to haul such vehicles on trailers or semitrailers.
Driveaway or towaway methods means the delivery
service rendered by a motor vehicle transporter wherein
motor vehicles are driven singly or in combinations by the
towbar, saddlemount or fullmount methods or any lawful
combinations thereof, or where a truck or truck-tractor draws
or tows a semitrailer or trailer. [1961 c 12 § 46.76.010.
Prior: 1957 c 107 § 1; 1953 c 155 § 1; 1947 c 97 § 1; Rem.
Supp. 1947 § 6382-75.]
46.76.020 Application for license. Application for a
transporter’s license shall be made on a form provided for
that purpose by the director of licensing and when executed
shall be forwarded to the director together with the proper
fee. The application shall contain the name and address of
the applicant and such other information as the director may
require. [1979 c 158 § 189; 1967 c 32 § 91; 1961 c 12 §
46.76.020. Prior: 1947 c 97 § 2; Rem. Supp. 1947 § 638276.]
46.76.030 Issuance of license—Plates. Upon receiving an application for transporter’s license the director, if
satisfied that the applicant is entitled thereto, shall issue a
proper certificate of license registration and a distinctive set
of license plates and shall transmit the fees obtained therefor
with a proper identifying report to the state treasurer, who
shall deposit such fees in the motor vehicle fund. The
certificate of license registration and license plates issued by
the director shall authorize the holder of the license to drive
or tow any motor vehicle or trailers upon the public highways. [1967 c 32 § 92; 1961 c 12 § 46.76.030. Prior:
1947 c 97 § 3; Rem. Supp. 1947 § 6382-77.]
46.76.040 License and plate fees. The fee for an
original transporter’s license is twenty-five dollars. Transporter license number plates bearing an appropriate symbol
[Title 46 RCW—page 270]
(2002 Ed.)
Motor Vehicle Transporters
and serial number shall be attached to all vehicles being
delivered in the conduct of the business licensed under this
chapter. The plates may be obtained for a fee of two dollars
for each set. [1990 c 250 § 68; 1961 c 12 § 46.76.040.
Prior: 1957 c 107 § 2; 1947 c 97 § 4; Rem. Supp. 1947 §
6382-78.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.76.050 Expiration, renewal—Fee. A transporter’s
license expires on the date assigned by the director, and may
be renewed by filing a proper application and paying an
annual fee of fifteen dollars. [1985 c 109 § 3; 1961 c 12 §
46.76.050. Prior: 1947 c 97 § 5; Rem. Supp. 1947 § 638279.]
46.76.055 Staggering renewal periods. Notwithstanding any provision of law to the contrary, the director
may extend or diminish the licensing period of transporters
for the purpose of staggering renewal periods. The extension or diminishment shall be by rule of the department
adopted in accordance with chapter 34.05 RCW. [1985 c
109 § 4.]
46.76.060 Display of plates—Nontransferability.
Transporter’s license plates shall be conspicuously displayed
on all vehicles being delivered by the driveaway or towaway
methods. These plates shall not be loaned to or used by any
person other than the holder of the license or his employees.
[1961 c 12 § 46.76.060. Prior: 1957 c 107 § 3; 1947 c 97
§ 6; Rem. Supp. 1947 § 6382-80.]
46.76.065 Grounds for denial, suspension, or
revocation of license. The following conduct shall be
sufficient grounds pursuant to RCW 34.05.422 for the
director or a designee to deny, suspend, or revoke the license
of a motor vehicle transporter:
(1) Using transporter plates for driveaway or towaway
of any vehicle owned by such transporter;
(2) Knowingly, as that term is defined in RCW
9A.08.010(1)(b), having possession of a stolen vehicle or a
vehicle with a defaced, missing, or obliterated
manufacturer’s identification serial number;
(3) Loaning transporter plates;
(4) Using transporter plates for any purpose other than
as provided under RCW 46.76.010; or
(5) Violation of provisions of this chapter or of rules
and regulations adopted relating to enforcement and proper
operation of this chapter. [1977 ex.s. c 254 § 1.]
46.76.067 Compliance with chapter 81.80 RCW. (1)
Any person or organization that transports any mobile home
or other vehicle for hire shall comply with this chapter and
chapter 81.80 RCW. Persons or organizations that do not
have a valid permit or meet other requirements under chapter
81.80 RCW shall not be issued a transporter license or
transporter plates to transport mobile homes or other vehicles. RCW 46.76.065(5) applies to persons or organizations
that have transporter licenses or plates and do not meet the
requirements of chapter 81.80 RCW.
(2002 Ed.)
46.76.040
(2) This section does not apply to mobile home manufacturers or dealers that are licensed and delivering the
mobile home under chapter 46.70 RCW. [1988 c 239 § 4.]
46.76.070 Rules. The director may make any reasonable rules or regulations not inconsistent with the provisions
of this chapter relating to the enforcement and proper
operation of this chapter. [1967 c 32 § 93; 1961 c 12 §
46.76.070. Prior: 1947 c 97 § 7; Rem. Supp. 1947 § 638281.]
46.76.080 Penalty. The violation of any provision of
this chapter is a traffic infraction. In addition to any other
penalty imposed upon a violator of the provisions of this
chapter, the director may confiscate any transporter license
plates used in connection with such violation. [1979 ex.s. c
136 § 96; 1961 c 12 § 46.76.080. Prior: 1947 c 97 § 8;
Rem. Supp. 1947 § 6382-82.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Chapter 46.79
HULK HAULERS AND SCRAP PROCESSORS
Sections
46.79.010
46.79.020
46.79.030
46.79.040
46.79.050
46.79.055
46.79.060
46.79.070
46.79.080
46.79.090
46.79.100
46.79.110
46.79.120
46.79.130
Definitions.
Transporting junk vehicles to scrap processor—Removal of
parts, restrictions.
Application for license, renewal—Form—Signature—
Contents.
Application forwarded with fees—Issuance of license—
Disposition of fees—Display of license.
License expiration—Renewal fee—Surrender of license,
when.
Staggering renewal periods.
Special license plates—Fee.
Acts subject to penalties.
Rules.
Inspection of premises and records—Certificate of inspection.
Other provisions to comply with chapter.
Chapter not to prohibit individual towing of vehicles to
wreckers or processors.
Unlicensed hulk hauling or scrap processing—Penalty.
Wholesale motor vehicle auction dealers.
46.79.010 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
indicates otherwise.
(1) "Junk vehicle" means a motor vehicle certified under
RCW 46.55.230 as meeting all the following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but
not limited to any of the following: A broken window or
windshield or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
(d) Is without a valid, current registration plate;
(e) Has a fair market value equal only to the value of
the scrap in it.
(2) "Scrap processor" means a licensed establishment
that maintains a hydraulic baler and shears, or a shredder for
recycling salvage.
(3) "Demolish" means to destroy completely by use of
a hydraulic baler and shears, or a shredder.
[Title 46 RCW—page 271]
46.79.010
Title 46 RCW: Motor Vehicles
(4) "Hulk hauler" means any person who deals in
vehicles for the sole purpose of transporting and/or selling
them to a licensed vehicle wrecker or scrap processor in
substantially the same form in which they are obtained. A
hulk hauler may not sell second-hand motor vehicle parts to
anyone other than a licensed vehicle wrecker or scrap
processor, except for those parts specifically enumerated in
RCW 46.79.020(2), as now or hereafter amended, which
may be sold to a licensed vehicle wrecker or disposed of at
a public facility for waste disposal.
(5) "Director" means the director of licensing.
(6) "Major component parts" include engines and short
blocks, frames, transmissions or transfer cases, cabs, doors,
front or rear differentials, front or rear clips, quarter panels
or fenders, bumpers, truck beds or boxes, seats, and hoods.
[2001 c 64 § 10; 1990 c 250 § 69; 1983 c 142 § 2; 1979 c
158 § 190; 1971 ex.s. c 110 § 1.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.79.020 Transporting junk vehicles to scrap
processor—Removal of parts, restrictions. Any hulk
hauler or scrap processor licensed under the provisions of
this chapter may:
(1) Notwithstanding any other provision of law, transport any flattened or junk vehicle whether such vehicle is
from in state or out of state, to a scrap processor upon
obtaining the certificate of title or release of interest from the
owner or an affidavit of sale from the landowner who has
complied with RCW 46.55.230. The scrap processor shall
forward such document(s) to the department, together with
a monthly report of all vehicles acquired from other than a
licensed automobile wrecker, and no further identification
shall be necessary.
(2) Prepare vehicles and vehicle salvage for transportation and delivery to a scrap processor or vehicle wrecker
only by removing the following vehicle parts:
(a) Gas tanks;
(b) Vehicle seats containing springs;
(c) Tires;
(d) Wheels;
(e) Scrap batteries;
(f) Scrap radiators.
Such parts may not be removed if they will be accepted
by a scrap processor or wrecker. Such parts may be
removed only at a properly zoned location, and all preparation activity, vehicles, and vehicle parts shall be obscured
from public view. Storage is limited to two vehicles or the
parts thereof which are authorized by this subsection, and
any such storage may take place only at a properly zoned
location. Any vehicle parts removed under the authority of
this subsection shall be lawfully disposed of at or through a
public facility or service for waste disposal or by sale to a
licensed vehicle wrecker. [2001 c 64 § 11; 1990 c 250 § 70;
1987 c 62 § 1; 1983 c 142 § 3; 1979 c 158 § 191; 1971
ex.s. c 110 § 2.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.79.030 Application for license, renewal—Form—
Signature—Contents. Application for a hulk hauler’s
license or a scrap processor’s license or renewal of a hulk
hauler’s license or a scrap processor’s license shall be made
[Title 46 RCW—page 272]
on a form for this purpose, furnished by the director, and
shall be signed by the applicant or his authorized agent and
shall include the following information:
(1) Name and address of the person, firm, partnership,
association or corporation under which name the business is
to be conducted;
(2) Names and residence address of all persons having
an interest in the business or, if the owner is a corporation,
the names and addresses of the officers thereof;
(3) Certificate of approval of the chief of police of any
city or town, wherever located, having a population of over
five thousand persons and in all other instances a member of
the state patrol certifying that the applicant can be found at
the address shown on the application, and;
(4) Any other information that the director may require.
[1971 ex.s. c 110 § 3.]
46.79.040 Application forwarded with fees—
Issuance of license—Disposition of fees—Display of
license. Application for a hulk hauler’s license, together
with a fee of ten dollars, or application for a scrap
processor’s license, together with a fee of twenty-five
dollars, shall be forwarded to the director. Upon receipt of
the application the director shall, if the application be in
order, issue the license applied for authorizing him to do
business as such and forward the fee, together with an
itemized and detailed report, to the state treasurer, to be
deposited in the motor vehicle fund. Upon receiving the
certificate the owner shall cause it to be prominently
displayed at the address shown in his application, where it
may be inspected by an investigating officer at any time.
[1971 ex.s. c 110 § 4.]
46.79.050 License expiration—Renewal fee—
Surrender of license, when. A license issued pursuant to
this chapter expires on the date assigned by the director, and
may be renewed by filing a proper application and payment
of a fee of ten dollars.
Whenever a hulk hauler or scrap processor ceases to do
business or the license has been suspended or revoked, the
license shall immediately be surrendered to the director.
[1985 c 109 § 5; 1983 c 142 § 4; 1971 ex.s. c 110 § 5.]
46.79.055 Staggering renewal periods. Notwithstanding any provision of law to the contrary, the director
may extend or diminish the licensing period of hulk haulers
and scrap processors for the purpose of staggering renewal
periods. The extension or diminishment shall be by rule of
the department adopted in accordance with chapter 34.05
RCW. [1985 c 109 § 6.]
46.79.060 Special license plates—Fee. The hulk
hauler or scrap processor shall obtain a special set of license
plates in addition to the regular licenses and plates required
for the operation of vehicles owned and/or operated by him
and used in the conduct of his business. Such special
license shall be displayed on the operational vehicles and
shall be in lieu of a trip permit or current license on any
vehicle being transported. The fee for these plates shall be
five dollars for the original plates and two dollars for each
(2002 Ed.)
Hulk Haulers and Scrap Processors
additional set of plates bearing the same license number.
[1971 ex.s. c 110 § 6.]
46.79.070 Acts subject to penalties. The director
may by order pursuant to the provisions of chapter 34.05
RCW, deny, suspend, or revoke the license of any hulk
hauler or scrap processor or, in lieu thereof or in addition
thereto, may by order assess monetary penalties of a civil
nature not to exceed five hundred dollars per violation,
whenever the director finds that the applicant or licensee:
(1) Removed a vehicle or vehicle major component part
from property without obtaining both the written permission
of the property owner and documentation approved by the
department for acquiring vehicles, junk vehicles, or major
component parts thereof;
(2) Acquired, disposed of, or possessed a vehicle or
major component part thereof when he or she knew that such
vehicle or part had been stolen or appropriated without the
consent of the owner;
(3) Sold, bought, received, concealed, had in his or her
possession, or disposed of a vehicle or major component part
thereof having a missing, defaced, altered, or covered
manufacturer’s identification number, unless approved by a
law enforcement officer;
(4) Committed forgery or made any material misrepresentation on any document relating to the acquisition,
disposition, registration, titling, or licensing of a vehicle
pursuant to Title 46 RCW;
(5) Committed any dishonest act or omission which has
caused loss or serious inconvenience as a result of the
acquisition or disposition of a vehicle or any major component part thereof;
(6) Failed to comply with any of the provisions of this
chapter or other applicable law relating to registration and
certificates of title of vehicles and any other document
releasing any interest in a vehicle;
(7) Been authorized to remove a particular vehicle or
vehicles and failed to take all remnants and debris from
those vehicles from that area unless requested not to do so
by the person authorizing the removal;
(8) Removed parts from a vehicle at other than an
approved location or removed or sold parts or vehicles
beyond the scope authorized by this chapter or any rule
adopted hereunder;
(9) Been adjudged guilty of a crime which directly
relates to the business of a hulk hauler or scrap processor
and the time elapsed since the adjudication is less than five
years. For the purposes of this section adjudged guilty
means, in addition to a final conviction in either a federal,
state, or municipal court, an unvacated forfeiture of bail or
collateral deposited to secure a defendant’s appearance in
court, the payment of a fine, a plea of guilty, or a finding of
guilt regardless of whether the imposition of sentence is
deferred or the penalty is suspended; or
(10) Been the holder of a license issued pursuant to this
chapter which was revoked for cause and never reissued by
the department, or which license was suspended for cause
and the terms of the suspension have not been fulfilled, or
which license was assessed a civil penalty and the assessed
amount has not been paid. [1990 c 250 § 71; 1983 c 142 §
5; 1971 ex.s. c 110 § 7.]
(2002 Ed.)
46.79.060
Severability—1990 c 250: See note following RCW 46.16.301.
46.79.080 Rules. The director is hereby authorized to
promulgate and adopt reasonable rules and regulations not in
conflict with provisions hereof for the proper operation and
enforcement of this chapter. [1971 ex.s. c 110 § 8.]
46.79.090 Inspection of premises and records—
Certificate of inspection. It shall be the duty of the chiefs
of police, or the Washington state patrol, in cities having a
population of over five thousand persons, and in all other
cases the Washington state patrol, to make periodic inspection of the hulk hauler’s or scrap processor’s premises and
records provided for in this chapter, and furnish a certificate
of inspection to the director in such manner as may be
determined by the director: PROVIDED, That the above
inspection in any instance can be made by an authorized
representative of the department.
The department is hereby authorized to enlist the
services and cooperation of any law enforcement officer or
state agency of another state to inspect the premises of any
hulk hauler or scrap processor whose established place of
business is in that other state but who is licensed to transport
automobile hulks within Washington state. [1983 c 142 § 6;
1971 ex.s. c 110 § 9.]
46.79.100 Other provisions to comply with chapter.
Any municipality or political subdivision of this state which
now has or subsequently makes provision for the regulation
of hulk haulers or scrap processors shall comply strictly with
the provisions of this chapter. [1971 ex.s. c 110 § 10.]
46.79.110 Chapter not to prohibit individual towing
of vehicles to wreckers or processors. Nothing contained
in this chapter shall be construed to prohibit any individual
not engaged in business as a hulk hauler or scrap processor
from towing any vehicle owned by him or her to any vehicle
wrecker or scrap processor. [2001 c 64 § 12; 1983 c 142 §
7; 1971 ex.s. c 110 § 11.]
46.79.120 Unlicensed hulk hauling or scrap processing—Penalty. Any hulk hauler or scrap processor who
engages in the business of hulk hauling or scrap processing
without holding a current license issued by the department
for authorization to do so, or, holding such a license,
exceeds the authority granted by that license, is guilty of a
gross misdemeanor. [1983 c 142 § 8.]
46.79.130 Wholesale motor vehicle auction dealers.
(1) A wholesale motor vehicle auction dealer may:
(a) Sell any classification of motor vehicle;
(b) Sell only to motor vehicle dealers and vehicle
wreckers licensed under Title 46 RCW by the state of
Washington or licensed by any other state; or
(c) Sell a motor vehicle belonging to the United States
government, the state of Washington, or a political subdivision to nonlicensed persons as may be required by the
contracting public agency. However, a publicly owned
"wrecked vehicle" as defined in RCW 46.80.010 may be
sold to motor vehicle dealers and vehicle wreckers licensed
[Title 46 RCW—page 273]
46.79.130
Title 46 RCW: Motor Vehicles
under Title 46 RCW by the state of Washington or licensed
by any other state.
(2) If the wholesale motor vehicle auction dealer knows
that a vehicle is a "wrecked vehicle" as defined by RCW
46.80.010, the dealer must disclose this fact on the bill of
sale. [1998 c 282 § 4.]
Chapter 46.80
VEHICLE WRECKERS
(Formerly: Motor vehicle wreckers)
Sections
46.80.005
46.80.010
46.80.020
46.80.030
46.80.040
46.80.050
46.80.060
46.80.070
46.80.080
46.80.090
46.80.100
46.80.110
46.80.121
46.80.130
Legislative declaration.
Definitions.
License required—Penalty.
Application for license—Contents.
Issuance of license—Fee.
Expiration, renewal—Fee.
License plates—Fee—Display.
Bond.
Records—Penalty.
Reports to department—Evidence of ownership.
Cancellation of bond.
License penalties, civil fines, criminal penalties.
False or unqualified applications.
All storage at place of business—Screening required—
Penalty.
46.80.140 Rules.
46.80.150 Inspection of licensed premises and records.
46.80.160 Municipal compliance.
46.80.170 Violations—Penalties.
46.80.180 Cease and desist orders—Fines.
46.80.190 Subpoenas.
46.80.200 Wholesale motor vehicle auction dealers.
46.80.900 Liberal construction.
Hulk haulers and scrap processors: Chapter 46.79 RCW.
46.80.005 Legislative declaration. The legislature
finds and declares that the distribution and sale of vehicle
parts in the state of Washington vitally affects the general
economy of the state and the public interest and the public
welfare, and that in order to promote the public interest and
the public welfare and in the exercise of its police power, it
is necessary to regulate and license vehicle wreckers and
dismantlers, the buyers-for-resale, and the sellers of secondhand vehicle components doing business in Washington, in
order to prevent the sale of stolen vehicle parts, to prevent
frauds, impositions, and other abuses, and to preserve the
investments and properties of the citizens of this state.
[1995 c 256 § 3; 1977 ex.s. c 253 § 1.]
Severability—1977 ex.s. c 253: "If any provision of this 1977
amendatory act is declared unconstitutional, or the applicability thereof to
any person or circumstance is held invalid, the constitutionality of the
remainder of the amendatory act and the applicability thereof to persons and
circumstances shall not be affected thereby." [1977 ex.s. c 253 § 14.]
46.80.010 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Vehicle wrecker" means every person, firm,
partnership, association, or corporation engaged in the
business of buying, selling, or dealing in vehicles of a type
required to be licensed under the laws of this state, for the
purpose of wrecking, dismantling, disassembling, or substantially changing the form of a vehicle, or who buys or sells
[Title 46 RCW—page 274]
integral second-hand parts of component material thereof, in
whole or in part, or who deals in second-hand vehicle parts.
(2) "Core" means a major component part received by
a vehicle wrecker in exchange for a like part sold by the
wrecker, is not resold as a major component part except for
scrap metal value or for remanufacture, and the wrecker
maintains records for three years from the date of acquisition
to identify the name of the person from whom the core was
received.
(3) "Established place of business" means a building or
enclosure which the vehicle wrecker occupies either continuously or at regular periods and where his books and records
are kept and business is transacted and which must conform
with zoning regulations.
(4) "Interim owner" means the owner of a vehicle who
has the original certificate of ownership for the vehicle,
which certificate has been released by the person named on
the certificate and assigned to the person offering to sell the
vehicle to the wrecker.
(5) "Major component part" includes at least each of the
following vehicle parts: (a) Engines and short blocks; (b)
frame; (c) transmission and/or transfer case; (d) cab; (e)
door; (f) front or rear differential; (g) front or rear clip; (h)
quarter panel; (i) truck bed or box; (j) seat; (k) hood; (l)
bumper; (m) fender; and (n) airbag. The director may
supplement this list by rule.
(6) "Wrecked vehicle" means a vehicle which is
disassembled or dismantled or a vehicle which is acquired
with the intent to dismantle or disassemble and never again
to operate as a vehicle, or a vehicle which has sustained
such damage that its cost to repair exceeds the fair market
value of a like vehicle which has not sustained such damage,
or a damaged vehicle whose salvage value plus cost to repair
equals or exceeds its fair market value, if repaired, or a
vehicle which has sustained such damage or deterioration
that it may not lawfully operate upon the highways of this
state for which the salvage value plus cost to repair exceeds
its fair market value, if repaired; further, it is presumed that
a vehicle is a wreck if it has sustained such damage or
deterioration that it may not lawfully operate upon the
highways of this state. [1999 c 278 § 1; 1995 c 256 § 4;
1977 ex.s. c 253 § 2; 1961 c 12 § 46.80.010. Prior: 1947
c 262 § 1; Rem. Supp. 1947 § 8326-40.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.020 License required—Penalty. It is unlawful
for a person to engage in the business of wrecking vehicles
without having first applied for and received a license. A
person or firm engaged in the unlawful activity is guilty of
a gross misdemeanor. A second or subsequent offense is a
class C felony. [1995 c 256 § 5; 1979 c 158 § 192; 1977
ex.s. c 253 § 3; 1971 ex.s. c 7 § 1; 1967 c 32 § 94; 1961 c
12 § 46.80.020. Prior: 1947 c 262 § 2; Rem. Supp. 1947
§ 8326-41.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.030 Application for license—Contents.
Application for a vehicle wrecker’s license or renewal of a
vehicle wrecker’s license shall be made on a form for this
purpose, furnished by the department of licensing, and shall
(2002 Ed.)
Vehicle Wreckers
be signed by the vehicle wrecker or his authorized agent and
shall include the following information:
(1) Name and address of the person, firm, partnership,
association, or corporation under which name the business is
to be conducted;
(2) Names and residence address of all persons having
an interest in the business or, if the owner is a corporation,
the names and addresses of the officers thereof;
(3) Certificate of approval of the chief of police of any
city or town having a population of over five thousand
persons and in all other instances a member of the Washington state patrol certifying that:
(a) The applicant has an established place of business at
the address shown on the application, and;
(b) In the case of a renewal of a vehicle wrecker’s
license, the applicant is in compliance with this chapter and
the provisions of Title 46 RCW, relating to registration and
certificates of title: PROVIDED, That the above certifications in any instance can be made by an authorized representative of the department of licensing;
(4) Any other information that the department may
require. [2001 c 64 § 13; 1990 c 250 § 72; 1979 c 158 §
193; 1977 ex.s. c 253 § 4; 1971 ex.s. c 7 § 2; 1967 ex.s. c
13 § 1; 1967 c 32 § 95; 1961 c 12 § 46.80.030. Prior:
1947 c 262 § 3; Rem. Supp. 1947 § 8326-42.]
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.040 Issuance of license—Fee. The application,
together with a fee of twenty-five dollars, and a surety bond
as provided in RCW 46.80.070, shall be forwarded to the
department. Upon receipt of the application the department
shall, if the application is in order, issue a vehicle wrecker’s
license authorizing the wrecker to do business as such and
forward the fee to the state treasurer, to be deposited in the
motor vehicle fund. Upon receiving the certificate the owner
shall cause it to be prominently displayed in the place of
business, where it may be inspected by an investigating
officer at any time. [1995 c 256 § 6; 1971 ex.s. c 7 § 3;
1967 c 32 § 96; 1961 c 12 § 46.80.040. Prior: 1947 c 262
§ 4; Rem. Supp. 1947 § 8326-43.]
46.80.050 Expiration, renewal—Fee. A license
issued on this application remains in force until suspended
or revoked and may be renewed annually upon reapplication
according to RCW 46.80.030 and upon payment of a fee of
ten dollars. A vehicle wrecker who fails or neglects to
renew the license before the assigned expiration date shall
pay the fee for an original vehicle wrecker license as
provided in this chapter.
Whenever a vehicle wrecker ceases to do business as
such or the license has been suspended or revoked, the
wrecker shall immediately surrender the license to the
department. [1995 c 256 § 7; 1985 c 109 § 7; 1971 ex.s. c
7 § 4; 1967 ex.s. c 13 § 2; 1967 c 32 § 97; 1961 c 12 §
46.80.050. Prior: 1947 c 262 § 5; Rem. Supp. 1947 §
8326-44.]
46.80.060 License plates—Fee—Display. The
vehicle wrecker shall obtain a special set of license plates in
addition to the regular licenses and plates required for the
(2002 Ed.)
46.80.030
operation of such vehicles. The special plates must be displayed on vehicles owned and/or operated by the wrecker
and used in the conduct of the business. The fee for these
plates shall be five dollars for the original plates and two
dollars for each additional set of plates bearing the same
license number. A wrecker with more than one licensed
location in the state may use special plates bearing the same
license number for vehicles operated out of any of the
licensed locations. [1995 c 256 § 8; 1961 c 12 § 46.80.060.
Prior: 1957 c 273 § 21; 1947 c 262 § 6; Rem. Supp. 1947
§ 8326-45.]
46.80.070 Bond. Before issuing a vehicle wrecker’s
license, the department shall require the applicant to file with
the department a surety bond in the amount of one thousand
dollars, running to the state of Washington and executed by
a surety company authorized to do business in the state of
Washington. The bond shall be approved as to form by the
attorney general and conditioned upon the wrecker conducting the business in conformity with the provisions of this
chapter. Any person who has suffered any loss or damage
by reason of fraud, carelessness, neglect, violation of the
terms of this chapter, or misrepresentation on the part of the
wrecking company, may institute an action for recovery
against the vehicle wrecker and surety upon the bond. However, the aggregate liability of the surety to all persons shall
in no event exceed the amount of the bond. [1995 c 256 §
9; 1977 ex.s. c 253 § 5; 1971 ex.s. c 7 § 5; 1967 c 32 § 98;
1961 c 12 § 46.80.070. Prior: 1947 c 262 § 7; Rem. Supp.
1947 § 8326-46.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.080 Records—Penalty. (1) Every vehicle
wrecker shall maintain books or files in which the wrecker
shall keep a record and a description of:
(a) Every vehicle wrecked, dismantled, disassembled, or
substantially altered by the wrecker; and
(b) Every major component part acquired by the
wrecker; together with a bill of sale signed by a seller whose
identity has been verified and the name and address of the
person, firm, or corporation from whom the wrecker purchased the vehicle or part. Major component parts other
than cores shall be further identified by the vehicle identification number of the vehicle from which the part came.
(2) The record shall also contain the following data
regarding the wrecked or acquired vehicle or vehicle that is
the source of a major component part other than a core:
(a) The certificate of title number (if previously titled in
this or any other state);
(b) Name of state where last registered;
(c) Number of the last license number plate issued;
(d) Name of vehicle;
(e) Motor or identification number and serial number of
the vehicle;
(f) Date purchased;
(g) Disposition of the motor and chassis;
(h) Yard number assigned by the licensee to the vehicle
or major component part, which shall also appear on the
identified vehicle or part; and
(i) Such other information as the department may
require.
[Title 46 RCW—page 275]
46.80.080
Title 46 RCW: Motor Vehicles
(3) The records shall also contain a bill of sale signed
by the seller for other minor component parts acquired by
the licensee, identifying the seller by name, address, and date
of sale.
(4) The records shall be maintained by the licensee at
his or her established place of business for a period of three
years from the date of acquisition.
(5) The record is subject to inspection at all times
during regular business hours by members of the police
department, sheriff’s office, members of the Washington
state patrol, or officers or employees of the department.
(6) A vehicle wrecker shall also maintain a similar
record of all disabled vehicles that have been towed or
transported to the vehicle wrecker’s place of business or to
other places designated by the owner of the vehicle or his or
her representative. This record shall specify the name and
description of the vehicle, name of owner, number of license
plate, condition of the vehicle and place to which it was
towed or transported.
(7) Failure to comply with this section is a gross
misdemeanor. [1999 c 278 § 2; 1995 c 256 § 10; 1977 ex.s.
c 253 § 6; 1971 ex.s. c 7 § 6; 1967 c 32 § 99; 1961 c 12 §
46.80.080. Prior: 1947 c 262 § 8; Rem. Supp. 1947 §
8326-47.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.090 Reports to department—Evidence of
ownership. Within thirty days after acquiring a vehicle, the
vehicle wrecker shall furnish a written report to the department. This report shall be in such form as the department
shall prescribe and shall be accompanied by evidence of
ownership as determined by the department. No vehicle
wrecker may acquire a vehicle, including a vehicle from an
interim owner, without first obtaining evidence of ownership
as determined by the department. For a vehicle from an
interim owner, the evidence of ownership may not require
that a title be issued in the name of the interim owner as
required by RCW 46.12.101. The vehicle wrecker shall
furnish a monthly report of all acquired vehicles. This
report shall be made on forms prescribed by the department
and contain such information as the department may require.
This statement shall be signed by the vehicle wrecker or an
authorized representative and the facts therein sworn to
before a notary public, or before an officer or employee of
the department designated by the director to administer oaths
or acknowledge signatures, pursuant to RCW 46.01.180.
[1999 c 278 § 3; 1995 c 256 § 11; 1979 c 158 § 194; 1977
ex.s. c 253 § 7; 1971 ex.s. c 7 § 7; 1967 c 32 § 100; 1961
c 12 § 46.80.090. Prior: 1947 c 262 § 9; Rem. Supp. 1947
§ 8326-48.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.100 Cancellation of bond. If, after issuing a
vehicle wrecker’s license, the bond is canceled by the surety
in a method provided by law, the department shall immediately notify the principal covered by the bond and afford the
principal the opportunity of obtaining another bond before
the termination of the original. If the principal fails,
neglects, or refuses to obtain a replacement, the director may
cancel or suspend the vehicle wrecker’s license. Notice of
cancellation of the bond may be accomplished by sending a
[Title 46 RCW—page 276]
notice by first class mail using the last known address in
department records for the principal covered by the bond and
recording the transmittal on an affidavit of first class mail.
[1995 c 256 § 12; 1977 ex.s. c 253 § 8; 1967 c 32 § 101;
1961 c 12 § 46.80.100. Prior: 1947 c 262 § 10; Rem.
Supp. 1947 § 8326-49.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.110 License penalties, civil fines, criminal
penalties. (1) The director or a designee may, pursuant to
the provisions of chapter 34.05 RCW, by order deny, suspend, or revoke the license of a vehicle wrecker, or assess
a civil fine of up to five hundred dollars for each violation,
if the director finds that the applicant or licensee has:
(a) Acquired a vehicle or major component part other
than by first obtaining title or other documentation as
provided by this chapter;
(b) Willfully misrepresented the physical condition of
any motor or integral part of a vehicle;
(c) Sold, had in the wrecker’s possession, or disposed of
a vehicle or any part thereof when he or she knows that the
vehicle or part has been stolen, or appropriated without the
consent of the owner;
(d) Sold, bought, received, concealed, had in the
wrecker’s possession, or disposed of a vehicle or part thereof
having a missing, defaced, altered, or covered manufacturer’s
identification number, unless approved by a law enforcement
officer;
(e) Committed forgery or misstated a material fact on
any title, registration, or other document covering a vehicle
that has been reassembled from parts obtained from the
disassembling of other vehicles;
(f) Committed any dishonest act or omission that the
director has reason to believe has caused loss or serious
inconvenience as a result of a sale of a vehicle or part
thereof;
(g) Failed to comply with any of the provisions of this
chapter or with any of the rules adopted under it, or with
any of the provisions of Title 46 RCW relating to registration and certificates of title of vehicles;
(h) Procured a license fraudulently or dishonestly;
(i) Been convicted of a crime that directly relates to the
business of a vehicle wrecker and the time elapsed since
conviction is less than ten years, or suffered any judgment
within the preceding five years in any civil action involving
fraud, misrepresentation, or conversion. For the purposes of
this section, conviction means in addition to a final conviction in either a federal, state, or municipal court, an
unvacated forfeiture of bail or collateral deposited to secure
a defendant’s appearance in court, the payment of a fine, a
plea of guilty, or a finding of guilt regardless of whether the
sentence is deferred or the penalty is suspended.
(2) In addition to actions by the department under this
section, it is a gross misdemeanor to violate subsection
(1)(a), (b), or (h) of this section. [1995 c 256 § 13; 1989 c
337 § 17; 1977 ex.s. c 253 § 9; 1971 ex.s. c 7 § 8; 1967
ex.s. c 13 § 3; 1967 c 32 § 102; 1961 c 12 § 46.80.110.
Prior: 1947 c 262 § 11; Rem. Supp. 1947 § 8326-50.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
(2002 Ed.)
Vehicle Wreckers
46.80.121 False or unqualified applications. If a
person whose vehicle wrecker license has previously been
canceled for cause by the department files an application for
a license to conduct business as a vehicle wrecker, or if the
department is of the opinion that the application is not filed
in good faith or that the application is filed by some person
as a subterfuge for the real person in interest whose license
has previously been canceled for cause, the department may
refuse to issue the person a license to conduct business as a
vehicle wrecker. [1995 c 256 § 14.]
46.80.130 All storage at place of business—
Screening required—Penalty. (1) It is unlawful for a
vehicle wrecker to keep a vehicle or any integral part thereof
in any place other than the established place of business,
designated in the certificate issued by the department,
without permission of the department.
(2) All premises containing vehicles or parts thereof
shall be enclosed by a wall or fence of such height as to
obscure the nature of the business carried on therein. To the
extent reasonably necessary or permitted by the topography
of the land, the department may establish specifications or
standards for the fence or wall. The wall or fence shall be
painted or stained a neutral shade that blends in with the
surrounding premises, and the wall or fence must be kept in
good repair. A living hedge of sufficient density to prevent
a view of the confined area may be substituted for such a
wall or fence. Any dead or dying portion of the hedge shall
be replaced.
(3) Violation of subsection (1) of this section is a gross
misdemeanor. [1995 c 256 § 15; 1971 ex.s. c 7 § 9; 1967
ex.s. c 13 § 4; 1967 c 32 § 103; 1965 c 117 § 1; 1961 c 12
§ 46.80.130. Prior: 1947 c 262 § 13; Rem. Supp. 1947 §
8326-52.]
46.80.140 Rules. The director is hereby authorized to
promulgate and adopt reasonable rules and regulations not in
conflict with provisions hereof for the proper operation and
enforcement of this chapter. [1967 c 32 § 104; 1961 c 12 §
46.80.140. Prior: 1947 c 262 § 14; Rem. Supp. 1947 §
8326-53.]
46.80.150 Inspection of licensed premises and
records. It shall be the duty of the chiefs of police, or the
Washington state patrol, in cities having a population of over
five thousand persons, and in all other cases the Washington
state patrol, to make periodic inspection of the vehicle
wrecker’s licensed premises and records provided for in this
chapter during normal business hours, and furnish a certificate of inspection to the department in such manner as may
be determined by the department. In any instance, an
authorized representative of the department may make the
inspection. [1995 c 256 § 16; 1983 c 142 § 9; 1977 ex.s. c
253 § 10; 1971 ex.s. c 7 § 10; 1967 ex.s. c 13 § 5; 1967 c
32 § 105; 1961 c 12 § 46.80.150. Prior: 1947 c 262 § 15;
Rem. Supp. 1947 § 8326-54.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.160 Municipal compliance. Any municipality
or political subdivision of this state that now has or subsequently makes provision for the regulation of vehicle
(2002 Ed.)
46.80.121
wreckers shall comply strictly with the provisions of this
chapter. [1995 c 256 § 17; 1961 c 12 § 46.80.160. Prior:
1947 c 262 § 16; Rem. Supp. 1947 § 8326-55.]
46.80.170 Violations—Penalties. Unless otherwise
provided by law, it is a misdemeanor for any person to
violate any of the provisions of this chapter or the rules
adopted under this chapter. [1995 c 256 § 18; 1977 ex.s. c
253 § 11.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.180 Cease and desist orders—Fines. (1) If it
appears to the director that an unlicensed person has engaged
in an act or practice constituting a violation of this chapter,
or a rule adopted or an order issued under this chapter, the
director may issue an order directing the person to cease and
desist from continuing the act or practice. The director shall
give the person reasonable notice of and opportunity for a
hearing. The director may issue a temporary order pending
a hearing. The temporary order remains in effect until ten
days after the hearing is held and becomes final if the person
to whom the notice is addressed does not request a hearing
within fifteen days after receipt of the notice.
(2) The director may assess a fine of up to one thousand
dollars with the final order for each act or practice constituting a violation of this chapter by an unlicensed person.
[1995 c 256 § 19.]
46.80.190 Subpoenas. The department of licensing or
its authorized agent may examine or subpoena any persons,
books, papers, records, data, vehicles, or vehicle parts
bearing upon the investigation or proceeding under this
chapter.
The persons subpoenaed may be required to testify and
produce any books, papers, records, data, vehicles, or vehicle
parts that the director deems relevant or material to the
inquiry.
The director or an authorized agent may administer an
oath to the person required to testify, and a person giving
false testimony after the administration of the oath is guilty
of perjury in the first degree.
A court of competent jurisdiction may, upon application
by the director, issue to a person who fails to comply, an
order to appear before the director or officer designated by
the director, to produce documentary or other evidence
touching the matter under investigation or in question. [1995
c 256 § 20.]
46.80.200 Wholesale motor vehicle auction dealers.
(1) A wholesale motor vehicle auction dealer may:
(a) Sell any classification of motor vehicle;
(b) Sell only to motor vehicle dealers and vehicle
wreckers licensed under Title 46 RCW by the state of
Washington or licensed by any other state; or
(c) Sell a motor vehicle belonging to the United States
government, the state of Washington, or a political subdivision to nonlicensed persons as may be required by the
contracting public agency. However, a publicly owned
"wrecked vehicle" may be sold to motor vehicle dealers and
[Title 46 RCW—page 277]
46.80.200
Title 46 RCW: Motor Vehicles
vehicle wreckers licensed under Title 46 RCW by the state
of Washington or licensed by any other state.
(2) If the wholesale motor vehicle auction dealer knows
that a vehicle is a "wrecked vehicle," the dealer must
disclose this fact on the bill of sale. [1998 c 282 § 6.]
46.80.900 Liberal construction. The provisions of
this chapter shall be liberally construed to the end that traffic
in stolen vehicle parts may be prevented, and irresponsible,
unreliable, or dishonest persons may be prevented from
engaging in the business of wrecking vehicles or selling used
vehicle parts in this state and reliable persons may be
encouraged to engage in businesses of wrecking or reselling
vehicle parts in this state. [1995 c 256 § 21; 1977 ex.s. c
253 § 13.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
Chapter 46.81
TRAFFIC SAFETY EDUCATION COURSES
(See chapter 28A.220 RCW)
Chapter 46.81A
MOTORCYCLE SKILLS EDUCATION PROGRAM
Sections
46.81A.001
46.81A.010
46.81A.020
46.81A.030
46.81A.900
Purpose.
Definitions.
Powers and duties of director, department.
Deposit of gifts.
Severability—1988 c 227.
46.81A.001 Purpose. It is the purpose of this chapter
to provide the motorcycle riders of the state with an affordable motorcycle skills education program in order to promote
motorcycle safety awareness. [1988 c 227 § 1.]
46.81A.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Motorcycle skills education program" means a
motorcycle rider skills training program to be administered
by the department.
(2) "Department" means the department of licensing.
(3) "Director" means the director of licensing.
(4) "Motorcycle" means a motorcycle licensed under
chapter 46.16 RCW, and does not include motorized bicycles, mopeds, scooters, off-road motorcycles, motorized
tricycles, side-car equipped motorcycles, or four-wheel allterrain vehicles. [1988 c 227 § 2.]
46.81A.020 Powers and duties of director, department. (1) The director shall administer and enforce the law
pertaining to the motorcycle skills education program as set
forth in this chapter.
(2) The director may adopt and enforce reasonable rules
that are consistent with this chapter.
(3) The director shall revise the Washington motorcycle
safety program to:
[Title 46 RCW—page 278]
(a) Institute a motorcycle skills education course for
both novice and advanced motorcycle riders that is a
minimum of eight hours and no more than sixteen hours at
a cost of (i) no more than fifty dollars for Washington state
residents under the age of eighteen, and (ii) no more than
one hundred dollars for Washington state residents who are
eighteen years of age or older and military personnel of any
age stationed in Washington state;
(b) Encourage the use of loaned or used motorcycles for
use in the motorcycle skills education course if the instructor
approves them;
(c) Require all instructors to conduct at least three
classes in a one-year period to maintain their teaching
eligibility;
(d) Encourage the use of radio or intercom equipped
helmets when, in the opinion of the instructor, radio or
intercom equipped helmets improve the quality of instruction.
(4) The department may enter into agreements to review
and certify that a private motorcycle skills education course
meets educational standards equivalent to those required of
courses conducted under the motorcycle skills education
program. An agreement entered into under this subsection
must provide that the department may conduct periodic
audits to ensure that educational standards continue to meet
those required for courses conducted under the motorcycle
skills education program, and that the costs of the review,
certification, and audit process will be borne by the party
seeking certification.
(5) The department shall obtain and compile information
from applicants for a motorcycle endorsement regarding
whether they have completed a state approved or certified
motorcycle skills education course. [2002 c 197 § 2; 1998
c 245 § 91; 1993 c 115 § 2; 1988 c 227 § 3.]
46.81A.030 Deposit of gifts. The director may
receive gifts, grants, or endowments from private sources
which shall be deposited in the motorcycle safety [education]
account within the highway safety fund. [1988 c 227 § 4.]
Motorcycle safety education account: RCW 46.68.065.
46.81A.900 Severability—1988 c 227. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1988 c 227 § 8.]
Chapter 46.82
DRIVER TRAINING SCHOOLS
Sections
46.82.280
46.82.290
46.82.300
46.82.310
46.82.320
46.82.325
46.82.330
46.82.340
46.82.350
Definitions.
Administration of chapter—Adoption of rules.
Driver instructors’ advisory committee—Composition, travel
expenses, meetings, duties.
School license—Insurance.
Instructor’s license.
Background checks for instructors.
Instructor’s license—Examination—Requirements for taking,
exceptions.
Duplicate license certificates.
Suspension, revocation, or denial of license—Causes enumerated.
(2002 Ed.)
Driver Training Schools
46.82.360
46.82.370
46.82.380
46.82.390
46.82.400
46.82.410
46.82.420
46.82.430
46.82.900
Suspension, revocation, or denial of license—Failure to
comply with specified business practices.
Suspension, revocation, or denial of license—Appeal of
action—Emergency suspension—Hearing, notice and
procedure.
Appeal from action or decision of director.
Penalty.
Chapter not applicable to educational institutions.
Disposition of moneys collected.
Basic minimum required curriculum—Compilation by advisory committee—Revocation of license for failure to
teach, show cause hearing upon.
Instructional material requirements.
Severability—1979 ex.s. c 51.
46.82.280 Definitions. Unless the context clearly
requires otherwise, the definitions in this section shall apply
throughout this chapter.
(1) "Driver training school" means a commercial driver
training school engaged in the business of giving instruction,
for a fee, in the operation of automobiles.
(2) "Director" means the director of the department of
licensing of the state of Washington.
(3) "Advisory committee" means the driving instructors’
advisory committee as created in this chapter.
(4) "Fraudulent practices" means any conduct or
representation on the part of a licensee under this chapter
tending to induce anyone to believe, or to give the impression, that a license to operate a motor vehicle or any other
license granted by the director may be obtained by any
means other than those prescribed by law, or furnishing or
obtaining the same by illegal or improper means, or requesting, accepting, or collecting money for such purposes.
(5) "Instructor" means any person employed by a driver
training school to instruct persons in the operation of
automobiles.
(6) "Place of business" means a designated location at
which the business of a driver training school is transacted
and its records are kept.
(7) "Person" means any individual, firm, corporation,
partnership, or association. [1986 c 80 § 1; 1979 ex.s. c 51
§ 1.]
46.82.290 Administration of chapter—Adoption of
rules. (1) The director shall be responsible for the administration and enforcement of the law pertaining to driver
training schools as set forth in this chapter.
(2) The director is authorized to adopt and enforce such
reasonable rules as may be consistent with and necessary to
carry out this chapter. [1979 ex.s. c 51 § 2.]
46.82.300 Driver instructors’ advisory committee—
Composition, travel expenses, meetings, duties. (1) The
director shall be assisted in the duties and responsibilities of
this chapter by the driver instructors’ advisory committee,
consisting of five members. Members of the advisory
committee shall be appointed by the director for two-year
terms and shall consist of a representative of the driver
training schools, a representative of the driving instructors
(who shall not be from the same school as the school
member), a representative of the superintendent of public
instruction, a representative of the department of licensing,
and a representative from the Washington state traffic safety
commission. Members shall be reimbursed for travel
(2002 Ed.)
Chapter 46.82
expenses in accordance with RCW 43.03.050 and 43.03.060.
A member who is receiving a salary from the state shall not
receive compensation other than travel expenses incurred in
such service.
(2) The advisory committee shall meet at least semiannually and shall have additional meetings as may be called
by the director. The director or the director’s representative
shall attend all meetings of the advisory committee and shall
serve as chairman.
(3) Duties of the advisory committee shall be to:
(a) Advise and confer with the director or the director’s
representative on matters pertaining to the establishment of
rules necessary to carry out this chapter;
(b) Review violations of this chapter and to recommend
to the director appropriate enforcement or disciplinary action
as provided in this chapter;
(c) Review and update when necessary a curriculum
consisting of a list of items of knowledge and the processes
of driving a motor vehicle specifying the minimum requirements adjudged necessary in teaching a proper and adequate
course of driver education;
(d) Review and update instructor certification standards
to be consistent with RCW 46.82.330 and take into consideration those standards required to be met by traffic safety
education teachers under RCW 28A.220.020(3); and
(e) Prepare the examination for a driver instructor’s
certificate and review examination results at least once each
calendar year for the purpose of updating and revising
examination standards. [2002 c 195 § 5; 1984 c 287 § 93;
1979 ex.s. c 51 § 3.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
46.82.310 School license—Insurance. (1) No person
shall engage in the business of conducting a driver training
school without a license issued by the director for that
purpose. An application for a driver training school license
shall be filed with the director, containing such information
as prescribed by the director, accompanied by an application
fee of three hundred dollars, which shall in no event be
refunded. If an application is approved by the director, the
applicant upon payment of an additional fee of two hundred
dollars shall be granted a license valid for a period of one
year from the date of issuance.
(2) The annual fee for renewal of a school license shall
be two hundred fifty dollars. The director shall issue a
license certificate to each licensee which shall be conspicuously displayed in the place of business of the licensee. If
a renewal application has not been received by the director
within sixty days from the date a notice of license expiration
was mailed to the licensee, the license will be void requiring
a new application as provided for in this chapter, including
payment of all fees.
(3) The person to whom a driver training school license
has been issued must notify the director in writing within
thirty days after any change is made in the officers, directors, or location of the place of business of the school.
(4) Driver training school licenses shall not be transferable. In the event of any transfer of ownership in the
business, an application for a new license, including payment
of all fees, must be made. The director shall permit continuance of the business for a period not to exceed sixty days
[Title 46 RCW—page 279]
46.82.310
Title 46 RCW: Motor Vehicles
from the date of transfer pending approval of the new
application for a school license.
(5) The director shall not issue or renew a school
license certificate until the licensee has filed with the
director evidence of liability insurance coverage with an
insurance company authorized to do business in this state in
the amount of not less than three hundred thousand dollars
because of bodily injury or death to two or more persons in
any one accident, not less than one hundred thousand dollars
because of bodily injury or death to one person in one accident, and not less than fifty thousand dollars because of
property damage to others in one accident, and the coverage
shall include uninsured motorists coverage. The insurance
coverage shall be maintained in full force and effect and the
director shall be notified at least ten days prior to
cancellation or expiration of any such policy of insurance.
(6) The increased insurance requirements of subsection
(5) of this section must be in effect by no later than one year
after September 1, 1979. [2002 c 352 § 24; 1979 ex.s. c 51
§ 4.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
46.82.320 Instructor’s license. (1) No person,
including the owner, operator, partner, officer, or stockholder
of a driver training school shall give instruction in the
operation of an automobile for a fee without a license issued
by the director for that purpose. An application for an
instructor’s license shall be filed with the director, containing
such information as prescribed by the director, accompanied
by an application fee of seventy-five dollars, which shall in
no event be refunded. If the application is approved by the
director and the applicant satisfactorily meets the examination requirements as prescribed in RCW 46.82.330, the
applicant shall be granted a license valid for a period of one
year from the date of issuance. An instructor shall take a
requalification examination every five years.
(2) The annual fee for renewal of an instructor’s license
shall be twenty-five dollars. The director shall issue a
license certificate to each licensee which shall be conspicuously displayed in the place of business of the employing
driver training school. Unless revoked, canceled, or denied
by the director, the license shall remain the property of the
licensee in the event of termination of employment or
employment by another driver training school. If a renewal
application has not been received by the director within sixty
days from the date a notice of license expiration was mailed
to the licensee, the license will be voided requiring a new
application as provided for in this chapter, including examination and payment of all fees.
(3) Persons who qualify under the rules jointly adopted
by the superintendent of public instruction and the director
of licensing to teach only the laboratory phase, shall be
subject to a ten dollar examination fee.
(4) Each licensee shall be provided with a wallet-size
identification card by the director at the time the license is
issued which shall be carried on the instructor’s person at all
times while engaged in instructing.
(5) The person to whom an instructor’s license has been
issued shall notify the director in writing within thirty days
of any change of employment or termination of employment,
providing the name and address of the new driver training
[Title 46 RCW—page 280]
school by whom the instructor will be employed. [2002 c
352 § 25; 1989 c 337 § 18; 1986 c 80 § 2; 1979 ex.s. c 51
§ 5.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
46.82.325 Background checks for instructors. (1)
Persons instructing students under eighteen years of age are
required to have a background check through the Washington state patrol criminal identification system and through
the federal bureau of investigation. The background check
shall also include a fingerprint check using a fingerprint
card.
(2) The cost of the background check shall be paid by
the instructor.
(3) The department may waive the background check
for any applicant who has had a background check within
two years before applying to become an instructor. [2002 c
195 § 4.]
46.82.330 Instructor’s license—Examination—
Requirements for taking, exceptions. (1) Upon receipt and
approval of an application accompanied by the proper fees,
the director shall arrange for the examination of each applicant for an instructor’s license and shall notify each applicant of the time and place to appear for examination.
(2) The examination prepared by the advisory committee
shall consist of a knowledge test and an actual driving test
conducted in a vehicle provided by the applicant. The
examination shall determine: The applicant’s knowledge of
driving laws, rules, and regulations; the applicant’s ability to
safely operate a motor vehicle; and the applicant’s ability to
impart this knowledge to others.
(3) No applicant shall be permitted by the director to
take the examination for an instructor’s license until it is
determined that the applicant meets the following requirements:
(a) Possesses a current and valid Washington driver’s
license and does not have on his driving record any of the
violations or penalties set forth in (3)(a) (i), (ii), or (iii) of
this section. The director shall have the right to examine the
driving record of the applicant from the department of
licensing and from other jurisdictions and from these records
determine if the applicant has had:
(i) Not more than three moving traffic violations within
the preceding twelve months or more than four moving
traffic violations in the preceding twenty-four months;
(ii) No alcohol-related traffic violation within the
preceding three years; and
(iii) No driver’s license suspension, cancellation,
revocation, or denial within the preceding three years;
(b) Is a high school graduate or the equivalent and at
least twenty-one years of age;
(c) Has completed an acceptable application on a form
prescribed by the director; and
(d) Has satisfactorily completed a sixty-hour course of
instruction in the training of drivers acceptable to the
director. The course shall include at least twelve hours of
instruction in behind-the-wheel teaching methods and at least
six hours supervised practice behind-the-wheel teaching of
driving techniques.
(2002 Ed.)
Driver Training Schools
(4) Any person with a valid instructor’s license in effect
as of September 1, 1979, shall not be required to take the
examination, or complete the revised course of instruction,
otherwise required under this section. [1979 ex.s. c 51 § 6.]
46.82.340 Duplicate license certificates. In case of
the loss, mutilation, or destruction of a driver training school
license certificate or an instructor’s license certificate, the
director shall issue a duplicate thereof upon proof of the
facts and payment of a fee of two dollars. [1979 ex.s. c 51
§ 7.]
46.82.350 Suspension, revocation, or denial of
license—Causes enumerated. (1) The director may
suspend, revoke, deny, or refuse to renew an instructor’s
license or a driver training school license for any of the
following causes:
(a) Upon determination that the licensee has made a
false statement or concealed any material fact in connection
with the application or license renewal;
(b) Upon conviction of the applicant, licensee, or any
person directly or indirectly interested in the driver training
school’s business of a felony, or any crime involving
violence, dishonesty, deceit, indecency, degeneracy, or moral
turpitude;
(c) Upon determination that the applicant, licensee, or
any person directly or indirectly interested in the driver
training school’s business previously held a driver training
school license which was revoked, suspended, or refused
renewal by the director;
(d) Upon determination that the applicant or licensee
does not have a place of business as required by this chapter;
(e) Upon determination that the applicant or licensee has
failed to require all persons with financial interest in the
driver training school to be signatories to the application;
(f) Upon determination that the applicant or licensee has
been found guilty of fraud or fraudulent practices in relation
to the business conducted under the license, or guilty of
inducing another to resort to fraud in relation to securing for
himself, herself, or another a license to drive a motor
vehicle; or
(g) Upon determination that the applicant or licensee
fails to satisfy the other conditions stated in this chapter.
[1979 ex.s. c 51 § 8.]
46.82.360 Suspension, revocation, or denial of
license—Failure to comply with specified business
practices. The license of any driver training school or
instructor may be suspended, revoked, denied, or refused
renewal for failure to comply with the business practices
specified in this section.
(1) No place of business shall be established nor any
business of a driver training school conducted or solicited
within one thousand feet of an office or building owned or
leased by the department of licensing in which examinations
for drivers’ licenses are conducted. The distance of one
thousand feet shall be measured along the public streets by
the nearest route from the place of business to such building.
(2) Any automobile used by a driver training school or
an instructor for instruction purposes must be equipped with:
(2002 Ed.)
46.82.330
(a) Dual controls for foot brake and clutch, or foot
brake only in a vehicle equipped with an automatic transmission;
(b) An instructor’s rear view mirror; and
(c) A sign displayed on the back or top, or both, of the
vehicle not less than twenty inches in horizontal width or
less than ten inches in vertical height and having the words
"student driver" or "instruction car," or both, in legible,
printed, English letters at least two and one-half inches in
height near the top and the name of the school in similarly
legible letters not less than one inch in height placed
somewhere below the aforementioned words, and the street
number and name and the telephone number in similarly
legible letters at least one inch in height placed next below
the name of the school. The lettering and background colors
shall be of contrasting shades so as to be clearly readable at
one hundred feet in clear daylight. The sign shall be
displayed at all times when instruction is being given.
(3) Instruction may not be given by an instructor to a
student in an automobile unless the student possesses a
current and valid instruction permit issued pursuant to RCW
46.20.055 or a current and valid driver’s license.
(4) No driver training school or instructor shall advertise
or otherwise indicate that the issuance of a driver’s license
is guaranteed or assured as a result of the course of instruction offered.
(5) No driver training school or instructor shall utilize
any types of advertising without using the full, legal name of
the school and identifying itself as a driver training school.
Items and services advertised must be available in a manner
as might be expected by the average person reading the
advertisement.
(6) A driver training school shall have an established
place of business owned, rented, or leased by the school and
regularly occupied and used exclusively for the business of
giving driver instruction. The established place of business
of a driver training school that applies for an initial license
after July 23, 1989, shall be located in a district that is zoned
for business or commercial purposes. The established place
of business, branch office, or classroom or advertised
address of any such driver training school shall not consist
of or include a house trailer, residence, tent, temporary stand,
temporary address, bus, telephone answering service if such
service is the sole means of contacting the driver training
school, a room or rooms in a hotel or rooming house or
apartment house, or premises occupied by a single or
multiple-unit dwelling house. To classify as a branch office
or classroom the facility must be within a thirty-five mile
radius of the established place of business. Nothing in this
subsection may be construed as limiting the authority of
local governments to grant conditional use permits or
variances from zoning ordinances.
(7) No driver training school or instructor shall conduct
any type of instruction or training on a course used by the
department of licensing for testing applicants for a Washington driver’s license.
(8) Each driver training school shall maintain records on
all of its students, including the student’s name and address,
the starting and ending dates of instruction, the student’s
instruction permit or driver’s license number, the type of
training given, and the total number of hours of instruction.
[Title 46 RCW—page 281]
46.82.360
Title 46 RCW: Motor Vehicles
Records of past students shall be maintained for five years
following the completion of the instruction.
(9) Each driver training school shall, at its established
place of business, display, in a place where it can be seen by
all clients, a copy of the required minimum curriculum
compiled by the driver advisory committee. Copies of the
required minimum curriculum are to be provided to driver
training schools and instructors by the director.
(10) Driver training schools and instructors shall submit
to periodic inspections of their business practices, facilities,
records, and insurance by authorized representatives of the
director of the department of licensing. [1989 c 337 § 19;
1979 ex.s. c 51 § 9.]
46.82.370 Suspension, revocation, or denial of
license—Appeal of action—Emergency suspension—
Hearing, notice and procedure. Upon notification of
suspension, revocation, denial, or refusal to renew a license
under this chapter, a driver training school or instructor shall
have the right to appeal the action being taken. An appeal
may be made to the director, who shall cause a hearing to be
held by the advisory committee in accordance with chapter
34.05 RCW. Filing an appeal shall stay the action pending
the hearing and the director’s decision. Upon conclusion of
the hearing, the advisory committee shall notify the director
of its findings of fact and recommended action. Within ten
days of receipt of the advisory committee’s findings and
recommendation, the director shall issue a decision on the
appeal.
(1) A license may, however, be temporarily suspended
by the director without notice pending any prosecution,
investigation, or hearing where such emergency action is
warranted. A licensee or applicant entitled to a hearing shall
be given due notice thereof.
(2) The sending of a notice of a hearing by registered
mail to the last known address of a licensee or applicant in
accordance with chapter 34.05 RCW shall be deemed due
notice.
(3) The director or the director’s authorized representative shall preside over the advisory committee during the
hearing and shall have the power to subpoena witnesses,
administer oaths to witnesses, take testimony of any person,
and cause depositions to be taken. A subpoena issued under
the authority of this section shall be served in the same
manner as a subpoena issued by a court of record. Witnesses subpoenaed under this section and persons other than
officers or employees of the department of licensing shall be
entitled to the same fees and mileage as are allowed in civil
actions in courts of law. [1979 ex.s. c 51 § 10.]
46.82.380 Appeal from action or decision of director. Any action or decision of the director may, after a
hearing is held as provided in this chapter, be appealed by
the party aggrieved to the superior court of the county in
which the place of business is located or where the aggrieved person resides. [1979 ex.s. c 51 § 11.]
46.82.390 Penalty. A violation of any provision of
this chapter shall be a misdemeanor. [1979 ex.s. c 51 § 12.]
46.82.400 Chapter not applicable to educational
institutions. This chapter shall not apply to or affect in any
manner courses of instruction offered in high schools,
vocational-technical schools, colleges, or universities which
are now or hereafter established, nor shall it be applicable to
instructors in any such high schools, vocational-technical
schools, colleges, or universities: PROVIDED, That such
course or courses are conducted by such schools in a like
manner to their other regular courses. If such course is
conducted by any commercial school as herein identified on
a contractual basis, such school and instructors must qualify
under this chapter. [1979 ex.s. c 51 § 13.]
46.82.410 Disposition of moneys collected. All
moneys collected from driver training school licenses and
instructor licenses shall be deposited in the highway safety
fund. [1990 c 250 § 73; 1979 ex.s. c 51 § 14.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.82.420 Basic minimum required curriculum—
Compilation by advisory committee—Revocation of
license for failure to teach, show cause hearing upon.
The advisory committee shall compile and furnish to each
qualifying applicant for an instructor’s license or a driver
training school license a basic minimum required curriculum.
The basic minimum required curriculum shall also include
information on the effects of alcohol and drug use on motor
vehicle operators, including information on drug and alcohol
related traffic injury and mortality rates in the state of
Washington, and current penalties for driving under the
influence of drugs or alcohol. Should the director be
presented with acceptable proof that any licensed instructor
or driver training school is not showing proper diligence in
teaching such basic minimum curriculum as required, the
instructor or school shall be required to appear before the
advisory committee and show cause why the license of the
instructor or school should not be revoked for such negligence. If the committee does not accept such reasons as
may be offered, the director may revoke the license of the
instructor or school, or both. [1991 c 217 § 3; 1979 ex.s. c
51 § 15.]
46.82.430 Instructional material requirements.
Instructional material used in driver training schools shall
include information on the proper use of the left-hand lane
by motor vehicles on multilane highways and on bicyclists’
and pedestrians’ rights and responsibilities and suggested
riding procedures in common traffic situations. [1998 c 165
§ 6; 1986 c 93 § 5.]
Short title—1998 c 165: See note following RCW 43.59.010.
Keep right except when passing, etc.: RCW 46.61.100.
46.82.900 Severability—1979 ex.s. c 51. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter, or
the application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 51 § 19.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
[Title 46 RCW—page 282]
(2002 Ed.)
Traffic Schools
Chapter 46.83
TRAFFIC SCHOOLS
Sections
46.83.010
46.83.020
46.83.030
46.83.040
46.83.050
46.83.060
City or town and county traffic schools authorized—
Procedure to establish.
County commissioners to control and supervise—Assistance
of sheriff and police department.
Deposit, control of funds—Support.
Purpose of school.
Court may order attendance.
Duty of person required to attend—Penalty.
46.83.010 City or town and county traffic schools
authorized—Procedure to establish. Any city or town and
the county in which it is located are authorized, as may be
agreed between the respective governing bodies of the city
or town and county, to establish a traffic school for the
purposes and under the conditions set forth in this chapter.
Such city or town and county traffic school may be effected
whenever the governing body of the city or town shall pass
an ordinance and the board of commissioners of the county
shall pass a resolution declaring intention to organize and
operate a traffic school in accordance with agreements had
between them as to the financing, organization, and operation thereof. [1961 c 12 § 46.83.010. Prior: 1959 c 182 §
1.]
46.83.020 County commissioners to control and
supervise—Assistance of sheriff and police department.
A traffic school established under this chapter shall be under
the control and supervision of the board of county commissioners, through such agents, assistants, or instructors as the
board may designate, and shall be conducted with the
assistance of the county sheriff and the police department of
the city or town. [1961 c 12 § 46.83.020. Prior: 1959 c
182 § 2.]
46.83.030 Deposit, control of funds—Support. All
funds appropriated by the city or town and county to the
operation of the traffic school shall be deposited with the
county treasurer and shall be administered by the board of
county commissioners. The governing bodies of every city
or town and county participating in the operation of traffic
schools are authorized to make such appropriations by
ordinance or resolution, as the case may be, as they shall
determine for the establishment and operation of traffic
schools, and they are further authorized to accept and expend
gifts, donations, and any other money from any source,
private or public, given for the purpose of said schools.
[1961 c 12 § 46.83.030. Prior: 1959 c 182 § 3.]
46.83.040 Purpose of school. It shall be the purpose
of every traffic school which may be established hereunder
to instruct, educate, and inform all persons appearing for
training in the proper, lawful, and safe operation of motor
vehicles, including but not limited to rules of the road and
the limitations of persons, vehicles, and bicycles and roads,
streets, and highways under varying conditions and circumstances. [1998 c 165 § 7; 1961 c 12 § 46.83.040. Prior:
1959 c 182 § 4.]
Short title—1998 c 165: See note following RCW 43.59.010.
(2002 Ed.)
Chapter 46.83
46.83.050 Court may order attendance. Every
municipal court, district court, juvenile court, superior court,
and every other court handling traffic cases within the limits
of a county wherein a traffic school has been established
may, as a part of any sentence imposed following a conviction for any traffic law violation, or as a condition on the
suspension of sentence or deferral of any imposition of
sentence, order any person so convicted, whether that person
be a juvenile, a minor, or an adult, to attend the traffic
school for a number of days to be determined by the court,
but not to exceed the maximum number of days which the
violator could be required to serve in the city or county jail
as a result of his or her conviction. [1984 c 258 § 138;
1961 c 12 § 46.83.050. Prior: 1959 c 182 § 5.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
46.83.060 Duty of person required to attend—
Penalty. Every person required to attend a traffic school as
established under the provisions of this chapter shall maintain attendance in accordance with the sentence or order.
Failure so to do, unless for good cause shown by clear and
convincing evidence, is a traffic infraction. [1979 ex.s. c
136 § 98; 1961 c 12 § 46.83.060. Prior: 1959 c 182 § 6.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Chapter 46.85
RECIPROCAL OR PROPORTIONAL
REGISTRATION OF VEHICLES
Sections
46.85.010
46.85.020
46.85.030
46.85.040
46.85.050
46.85.060
46.85.070
46.85.080
46.85.090
46.85.100
46.85.110
46.85.900
46.85.910
46.85.920
46.85.930
46.85.940
Declaration of policy.
Definitions.
Departmental entry into multistate proportional registration
agreement, International Registration Plan.
Authority for reciprocity agreements—Provisions—
Reciprocity standards.
Base state registration reciprocity.
Declarations of extent of reciprocity, when—Exemptions,
benefits, and privileges—Rules.
Extension of reciprocal privileges to lessees authorized.
Automatic reciprocity, when.
Suspension of reciprocity benefits.
Agreements to be written, filed, and available for distribution.
Reciprocity agreements in effect at time of act.
Chapter part of and supplemental to motor vehicle registration law.
Constitutionality.
Repeal and saving.
Effective date—1963 c 106.
Section captions not a part of the law.
46.85.010 Declaration of policy. It is the policy of
this state to promote and encourage the fullest possible use
of its highway system by authorizing the making and
execution of vehicle reciprocal or proportional registration
agreements, arrangements and declarations with other states,
provinces, territories, and countries with respect to vehicles
registered in this and such other states, provinces, territories,
and countries thus contributing to the economic and social
[Title 46 RCW—page 283]
46.85.010
Title 46 RCW: Motor Vehicles
development and growth of this state. [1987 c 244 § 8;
1963 c 106 § 1.]
46.85.020 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Jurisdiction" means and includes a state, territory,
or possession of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, a foreign country, and a
state or province of a foreign country.
(2) "Owner" means a person, business firm, or corporation who holds the legal title to a vehicle, or in the event a
vehicle is the subject of an agreement for the conditional
sale thereof with the right of purchase upon performance of
the conditions stated in the agreement and with an immediate
right of possession vested in the conditional vendee, or in the
event a vehicle is subject to a lease, contract, or other legal
arrangement vesting right of possession or control, for
security or otherwise, or in the event a mortgagor of a
vehicle is entitled to possession, then the owner shall be
deemed to be such person in whom is vested right of
possession or control.
(3) "Properly registered," as applied to place of registration, means:
(a) The jurisdiction where the person registering the
vehicle has his legal residence; or
(b) In the case of a commercial vehicle, the jurisdiction
in which it is registered if the commercial enterprise in
which such vehicle is used has a place of business therein,
and, if the vehicle is most frequently dispatched, garaged,
serviced, maintained, operated, or otherwise controlled in or
from such place of business, and, the vehicle has been
assigned to such place of business; or
(c) In the case of a commercial vehicle, the jurisdiction
where, because of an agreement or arrangement between two
or more jurisdictions, or pursuant to a declaration, the
vehicle has been registered as required by said jurisdiction.
In case of doubt or dispute as to the proper place of
registration of a vehicle, the department shall make the final
determination, but in making such determination, may confer
with departments of the other jurisdictions affected. [1987
c 244 § 9; 1985 c 173 § 2; 1982 c 227 § 18; 1981 c 222 §
1; 1963 c 106 § 2.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
Effective date—1982 c 227: See note following RCW 19.09.100.
46.85.030 Departmental entry into multistate
proportional registration agreement, International
Registration Plan. The department of licensing shall have
the authority to execute agreements, arrangements, or
declarations to carry out the provisions of chapter 46.87
RCW and this chapter.
If the department enters into a multistate proportional
registration agreement which requires this state to perform
acts in a quasi agency relationship, the department may
collect and forward applicable registration fees and applications to other jurisdictions on behalf of the applicant or on
behalf of another jurisdiction and may take such other action
as will facilitate the administration of such agreement.
If the department enters into a multistate proportional
registration agreement which prescribes procedures applica[Title 46 RCW—page 284]
ble to vehicles not specifically described in chapter 46.87
RCW, such as but not limited to "owner-operator" or "rental"
vehicles, it shall promulgate rules taking exception to or
accomplishing the procedures prescribed in such agreement.
It is the purpose and intent of this subsection to facilitate the membership in the International Registration Plan
and at the same time allow the department to continue to
participate in such agreements and compacts as may be
necessary and desirable in addition to the International
Registration Plan. [1987 c 244 § 10; 1982 c 227 § 19; 1981
c 222 § 2; 1977 ex.s. c 92 § 1; 1975-’76 2nd ex.s. c 34 §
137; 1967 c 32 § 113; 1963 c 106 § 3.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
Effective date—1982 c 227: See note following RCW 19.09.100.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
46.85.040 Authority for reciprocity agreements—
Provisions—Reciprocity standards. The department may
enter into an agreement or arrangement with the duly authorized representatives of another jurisdiction, granting to
vehicles or to owners of vehicles which are properly registered or licensed in such jurisdiction and for which evidence
of compliance is supplied, benefits, privileges, and exemptions from the payment, wholly or partially, of any taxes,
fees, or other charges imposed upon such vehicles or owners
with respect to the operation or ownership of such vehicles
under the laws of this state. Such an agreement or arrangement shall provide that vehicles properly registered or
licensed in this state when operated upon highways of such
other jurisdiction shall receive exemptions, benefits, and
privileges of a similar kind or to a similar degree as are
extended to vehicles properly registered or licensed in such
jurisdiction when operated in this state. Each such agreement or arrangement shall, in the judgment of the department, be in the best interest of this state and the citizens
thereof and shall be fair and equitable to this state and the
citizens thereof, and all of the same shall be determined on
the basis and recognition of the benefits which accrue to the
economy of this state from the uninterrupted flow of
commerce. [1985 c 173 § 3; 1982 c 227 § 20; 1963 c 106
§ 4.]
Effective date—1982 c 227: See note following RCW 19.09.100.
46.85.050 Base state registration reciprocity. An
agreement or arrangement entered into, or a declaration
issued under the authority of chapter 46.87 RCW or this
chapter may contain provisions authorizing the registration
or licensing in another jurisdiction of vehicles located in or
operated from a base in such other jurisdiction which
vehicles otherwise would be required to be registered or
licensed in this state; and in such event the exemptions,
benefits, and privileges extended by such agreement,
arrangement, or declaration shall apply to such vehicles,
when properly licensed or registered in such base jurisdiction. [1987 c 244 § 11; 1963 c 106 § 5.]
46.85.060 Declarations of extent of reciprocity,
when—Exemptions, benefits, and privileges—Rules. In
the absence of an agreement or arrangement with another
jurisdiction, the department may examine the laws and
(2002 Ed.)
Reciprocal or Proportional Registration of Vehicles
requirements of such jurisdiction and declare the extent and
nature of exemptions, benefits and privileges to be extended
to vehicles properly registered or licensed in such other
jurisdiction, or to the owners of such vehicles, which shall,
in the judgment of the department, be in the best interest of
this state and the citizens thereof and which shall be fair and
equitable to this state and the citizens thereof, and all of the
same shall be determined on the basis and recognition of the
benefits which accrue to the economy of this state from the
uninterrupted flow of commerce. Declarations of exemptions, benefits, and privileges issued by the department shall
include at least the following exemptions:
(1) Nonresident persons not employed in this state may
operate a vehicle in this state that is currently licensed in
another jurisdiction for a period not to exceed six months in
any continuous twelve-month period.
(2) Nonresident persons employed in this state may
operate vehicles not to exceed twelve thousand pounds
registered gross vehicle weight that are currently licensed in
another jurisdiction if no permanent, temporary, or part-time
residence is maintained in this state for a period greater than
six months in any continuous twelve-month period.
(3) A vehicle or a combination of vehicles, not exceeding a registered gross or combined gross vehicle weight of
twelve thousand pounds, which is properly base licensed in
another jurisdiction and registered to a bona fide business in
that jurisdiction is not required to obtain Washington vehicle
license registration except when such vehicle is owned or
operated by a business or branch office of a business located
in Washington.
(4) The department of licensing, after consultation with
the department of revenue, shall adopt such rules as it deems
necessary for the administration of these exemptions,
benefits, and privileges. [1987 c 142 § 4; 1985 c 353 § 3;
1982 c 227 § 21; 1963 c 106 § 6.]
Effective date—1982 c 227: See note following RCW 19.09.100.
46.85.070 Extension of reciprocal privileges to
lessees authorized. An agreement, or arrangement entered
into, or a declaration issued under the authority of this
chapter, may contain provisions under which a leased vehicle
properly registered by the lessor thereof may be entitled,
subject to terms and conditions stated therein, to the exemptions, benefits and privileges extended by such agreement,
arrangement or declaration. [1963 c 106 § 7.]
46.85.080 Automatic reciprocity, when. On and
after July 1, 1963, if no agreement, arrangement or declaration is in effect with respect to another jurisdiction as
authorized by this chapter, any vehicle properly registered or
licensed in such other jurisdiction and for which evidence of
compliance is supplied shall receive, when operated in this
state, the same exemptions, benefits and privileges granted
by such other jurisdiction to vehicles properly registered in
this state. Reciprocity extended under this section shall
apply to commercial vehicles only when engaged exclusively
in interstate commerce. [1963 c 106 § 8.]
46.85.090 Suspension of reciprocity benefits.
Agreements, arrangements or declarations made under the
authority of this chapter may include provisions authorizing
(2002 Ed.)
46.85.060
the department to suspend or cancel the exemptions, benefits,
or privileges granted thereunder to an owner who violates
any of the conditions or terms of such agreements, arrangements, or declarations or who violates the laws of this state
relating to motor vehicles or rules and regulations lawfully
promulgated thereunder. [1987 c 244 § 12; 1963 c 106 § 9.]
46.85.100 Agreements to be written, filed, and
available for distribution. All agreements, arrangements,
or declarations or amendments thereto shall be in writing and
shall be filed with the department. Upon becoming effective, they shall supersede the provisions of RCW 46.16.030,
chapter 46.87 RCW, or this chapter to the extent that they
are inconsistent therewith. The department shall provide
copies for public distribution upon request. [1987 c 244 §
13; 1982 c 227 § 22; 1967 c 32 § 114; 1963 c 106 § 10.]
Effective date—1982 c 227: See note following RCW 19.09.100.
46.85.110 Reciprocity agreements in effect at time
of act. All reciprocity and proportional registration agreements, arrangements and declarations relating to vehicles in
force and effect at the time this chapter becomes effective
shall continue in force and effect at the time this chapter
becomes effective and until specifically amended or revoked
as provided by law or by such agreements or arrangements.
[1963 c 106 § 11.]
Effective date—1963 c 106: See RCW 46.85.930.
46.85.900 Chapter part of and supplemental to
motor vehicle registration law. This chapter shall be, and
construed as, a part of and supplemental to the motor vehicle
registration law of this state. [1963 c 106 § 30.]
46.85.910 Constitutionality. If any phrase, clause,
subsection or section of this chapter shall be declared
unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the legislature
would have enacted this chapter without the phrase, clause,
subsection or section so held unconstitutional or invalid and
the remainder of the chapter shall not be affected as a result
of said part being held unconstitutional or invalid. [1963 c
106 § 31.]
46.85.920 Repeal and saving. The following acts or
parts of acts and RCW sections are hereby repealed:
(1) Sections 46.84.010, 46.84.030, 46.84.040, 46.84.050,
46.84.060, 46.84.070, 46.84.080, 46.84.090 and 46.84.100,
chapter 12, Laws of 1961 and RCW 46.84.010, 46.84.030,
46.84.040, 46.84.050, 46.84.060, 46.84.070, 46.84.080,
46.84.090 and 46.84.100;
(2) Section 46.84.020, chapter 12, Laws of 1961 as
amended by section 37, chapter 21, Laws of 1961 extraordinary session and RCW 46.84.020;
(3) Sections 1, 2, 3, and 4, chapter 266, Laws of 1961
and RCW 46.84.110, 46.84.120, 46.84.130 and 46.84.140;
and
(4) Sections 38, 39, and 40, chapter 21, Laws of 1961
extraordinary session and RCW 46.84.150, 46.84.160 and
46.84.170.
[Title 46 RCW—page 285]
46.85.920
Title 46 RCW: Motor Vehicles
Such repeals shall not be construed as affecting any
existing right acquired under the statutes repealed, nor as
affecting any proceeding instituted thereunder, nor any rule,
regulation or order promulgated thereunder, nor any administrative action taken thereunder, nor the term of office or
appointment or employment of any person appointed or
employed thereunder. [1963 c 106 § 32.]
46.85.930 Effective date—1963 c 106. This chapter
shall take effect and be in force on and after July 1, 1963.
[1963 c 106 § 33.]
46.85.940 Section captions not a part of the law.
Section captions as used in this chapter shall not constitute
any part of the law. [1963 c 106 § 34.]
Chapter 46.87
PROPORTIONAL REGISTRATION
(Formerly: International Registration Plan)
Sections
46.87.010
46.87.020
46.87.022
46.87.023
46.87.025
46.87.030
46.87.040
46.87.050
46.87.060
46.87.070
46.87.080
46.87.085
46.87.090
46.87.120
46.87.130
46.87.140
46.87.150
46.87.170
46.87.180
46.87.190
46.87.200
46.87.210
46.87.220
46.87.230
46.87.240
46.87.250
46.87.260
46.87.270
46.87.280
46.87.290
46.87.300
46.87.310
46.87.320
46.87.330
46.87.335
46.87.340
46.87.350
46.87.360
Applicability—Implementation.
Definitions.
Rental trailers, converter gears.
Rental car businesses.
Vehicles titled in owner’s name.
Part-year registration—Credit for unused fees.
Purchase of additional gross weight.
Deposit of fees.
Apportionment of fees, formula.
Registration of trailers, semitrailers, pole trailers.
Cab cards, validation tabs, special license plates—Design,
procedures—Issuance, refusal, revocation.
Staggered renewal periods.
Apportioned vehicle license plates, cab card, validation
tabs—Replacement—Fees.
Mileage data for applications—Nonmotor vehicles.
Vehicle transaction fee.
Application—Filing, contents—Fees and taxes—
Assessments, due date.
Overpayment, underpayment—Refund, additional charge.
Recalculation of prorate percentage—Additional fees and
taxes.
Conditions on fleet vehicles.
Suspension or cancellation of benefits.
Refusal of registration—Federal heavy vehicle use tax.
Refusal of application from nonreciprocal jurisdiction.
Gross weight computation.
Responsibility for unlawful acts or omissions.
Relationship of department with other jurisdictions.
Authority of chapter.
Alteration or forgery of cab card or letter of authority—
Penalty.
Gross weight on vehicle.
Effect of other registration.
Refusal, cancellation of application, cab card—Procedures,
penalties.
Appeal of suspension, revocation, cancellation, refusal.
Application records—Preservation, contents, audit—
Additional assessments, penalties, refunds.
Departmental audits, investigations—Subpoenas.
Assessments—When due, penalties—Reassessment—
Petition, notice, service—Injunctions, writs of mandate
restricted.
Mitigation of assessments.
Assessments—Lien for nonpayment.
Delinquent obligations—Notice—Restriction on credits or
property—Default judgments—Lien.
Delinquent obligations—Collection by department—Seizure
of property, notice, sale.
[Title 46 RCW—page 286]
46.87.370
46.87.380
46.87.390
46.87.400
46.87.410
46.87.900
46.87.901
46.87.910
Warrant for final assessments—Lien on property.
Delinquent obligations—Collection by attorney general.
Remedies cumulative.
Civil immunity.
Bankruptcy proceedings—Notice.
Severability—1985 c 380.
Effective date—1986 c 18; 1985 c 380.
Short title.
46.87.010 Applicability—Implementation. This
chapter applies to proportional registration and reciprocity
granted under the provisions of the International Registration
Plan (IRP) and the Uniform Vehicle Registration, Proration,
and Reciprocity Agreement (Western Compact). This
chapter shall become effective and be implemented beginning with the 1988 registration year; however, if Washington
is not then registering vehicles under the provisions of the
IRP, the effective date and implementation date for the IRP
shall both be delayed until such time as Washington begins
registering vehicles under the provisions of the IRP.
(1) Provisions and terms of the IRP and the Western
Compact, as applicable, shall prevail unless given a different
meaning in chapter 46.04 RCW, this chapter, or in rules
adopted under the authority of this chapter.
(2) The director may adopt and enforce rules deemed
necessary to implement and administer this chapter.
(3) Beginning with the first registration year in which
the state of Washington begins registering fleets under
provisions of the IRP, owners having a fleet of apportionable
vehicles operating in two or more IRP member jurisdictions
may elect to proportionally register the vehicles of the fleet
under the provisions of the IRP and this chapter in lieu of
full or temporary registration as provided for in chapters
46.16 or 46.88 RCW.
(4) Owners having a fleet of commercial vehicles
operating and registered in at least one Western Compact
member jurisdiction other than Washington may elect to proportionally register the vehicles of the fleet under provisions
of the Western Compact and this chapter in lieu of full or
temporary registration as provided for in chapter 46.16 or
46.88 RCW.
(5) If a due date or an expiration date established under
authority of this chapter falls on a Saturday, Sunday, or a
state legal holiday, such period is automatically extended
through the end of the next business day. [1987 c 244 § 15;
1986 c 18 § 22; 1985 c 380 § 1.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.020 Definitions. Terms used in this chapter
have the meaning given to them in the International Registration Plan (IRP), the Uniform Vehicle Registration, Proration, and Reciprocity Agreement (Western Compact),
chapter 46.04 RCW, or as otherwise defined in this section.
Definitions given to terms by the IRP and the Western
Compact, as applicable, shall prevail unless given a different
meaning in this chapter or in rules adopted under authority
of this chapter.
(1) "Apportionable vehicle" has the meaning given by
the IRP, except that it does not include vehicles with a
declared gross weight of twelve thousand pounds or less.
Apportionable vehicles include trucks, tractors, truck tractors,
road tractors, and buses, each as separate and licensable
vehicles. For IRP jurisdictions that require the registration
(2002 Ed.)
Proportional Registration
of nonmotor vehicles, this term may include trailers, semitrailers, and pole trailers as applicable, each as separate and
licensable vehicles.
(2) "Cab card" is a certificate of registration issued for
a vehicle by the registering jurisdiction under the Western
Compact. Under the IRP, it is a certificate of registration
issued by the base jurisdiction for a vehicle upon which is
disclosed the jurisdictions and registered gross weights in
such jurisdictions for which the vehicle is registered.
(3) "Commercial vehicle" is a term used by the Western
Compact and means any vehicle, except recreational vehicles, vehicles displaying restricted plates, and government
owned or leased vehicles, that is operated and registered in
more than one jurisdiction and is used or maintained for the
transportation of persons for hire, compensation, or profit, or
is designed, used, or maintained primarily for the transportation of property and:
(a) Is a motor vehicle having a declared gross weight in
excess of twenty-six thousand pounds; or
(b) Is a motor vehicle having three or more axles with
a declared gross weight in excess of twelve thousand
pounds; or
(c) Is a motor vehicle, trailer, pole trailer, or semitrailer
used in combination when the gross weight or declared gross
weight of the combination exceeds twenty-six thousand
pounds combined gross weight. The nonmotor vehicles
mentioned are only applicable to those jurisdictions requiring
the registration of such vehicles.
Although a two-axle motor vehicle, trailer, pole trailer,
semitrailer, or any combination of such vehicles with an
actual or declared gross weight or declared combined gross
weight exceeding twelve thousand pounds but not more than
twenty-six thousand is not considered to be a commercial
vehicle, at the option of the owner, such vehicles may be
considered as "commercial vehicles" for the purpose of proportional registration. The nonmotor vehicles mentioned are
only applicable to those jurisdictions requiring the registration of such vehicles.
Commercial vehicles include trucks, tractors, truck
tractors, road tractors, and buses. Trailers, pole trailers, and
semitrailers, will also be considered as commercial vehicles
for those jurisdictions who require registration of such
vehicles.
(4) "Credentials" means cab cards, apportioned plates
(for Washington-based fleets), and validation tabs issued for
proportionally registered vehicles.
(5) "Declared combined gross weight" means the total
unladen weight of any combination of vehicles plus the
weight of the maximum load to be carried on the combination of vehicles as set by the registrant in the application
pursuant to chapter 46.44 RCW and for which registration
fees have been or are to be paid.
(6) "Declared gross weight" means the total unladen
weight of any vehicle plus the weight of the maximum load
to be carried on the vehicle as set by the registrant in the
application pursuant to chapter 46.44 RCW and for which
registration fees have been or are to be paid. In the case of
a bus, auto stage, or a passenger-carrying for hire vehicle
with a seating capacity of more than six, the declared gross
weight shall be determined by multiplying the average load
factor of one hundred and fifty pounds by the number of
seats in the vehicle, including the driver’s seat, and add this
(2002 Ed.)
46.87.020
amount to the unladen weight of the vehicle. If the resultant
gross weight is not listed in RCW 46.16.070, it will be
increased to the next higher gross weight so listed pursuant
to chapter 46.44 RCW.
(7) "Department" means the department of licensing.
(8) "Fleet" means one or more commercial vehicles in
the Western Compact and one or more apportionable
vehicles in the IRP.
(9) "In-jurisdiction miles" means the total miles accumulated in a jurisdiction during the preceding year by vehicles
of the fleet while they were a part of the fleet.
(10) "IRP" means the International Registration Plan.
(11) "Jurisdiction" means and includes a state, territory
or possession of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, a foreign country, and a
state or province of a foreign country.
(12) "Owner" means a person or business firm who
holds the legal title to a vehicle, or if a vehicle is the subject
of an agreement for its conditional sale with the right of
purchase upon performance of the conditions stated in the
agreement and with an immediate right of possession vested
in the conditional vendee, or if a vehicle is subject to a
lease, contract, or other legal arrangement vesting right of
possession or control, for security or otherwise, or if a
mortgagor of a vehicle is entitled to possession, then the
owner is deemed to be the person or business firm in whom
is vested right of possession or control.
(13) "Preceding year" means the period of twelve
consecutive months immediately before July 1st of the year
immediately before the commencement of the registration or
license year for which apportioned registration is sought.
(14) "Properly registered," as applied to the place of
registration under the provisions of the Western Compact,
means:
(a) In the case of a commercial vehicle, the jurisdiction
in which it is registered if the commercial enterprise in
which the vehicle is used has a place of business therein,
and, if the vehicle is most frequently dispatched, garaged,
serviced, maintained, operated, or otherwise controlled in or
from that place of business, and the vehicle has been
assigned to that place of business; or
(b) In the case of a commercial vehicle, the jurisdiction
where, because of an agreement or arrangement between two
or more jurisdictions, or pursuant to a declaration, the
vehicle has been registered as required by that jurisdiction.
In case of doubt or dispute as to the proper place of
registration of a commercial vehicle, the department shall
make the final determination, but in making such determination, may confer with departments of the other jurisdictions
affected.
(15) "Prorate percentage" is the factor that is applied to
the total proratable fees and taxes to determine the
apportionable or prorate fees required for registration in a
particular jurisdiction. It is determined by dividing the in-jurisdiction miles for a particular jurisdiction by the total
miles. This term is synonymous with the term "mileage
percentage."
(16) "Registrant" means a person, business firm, or
corporation in whose name or names a vehicle or fleet of
vehicles is registered.
(17) "Registration year" means the twelve-month period
during which the registration plates issued by the base
[Title 46 RCW—page 287]
46.87.020
Title 46 RCW: Motor Vehicles
jurisdiction are valid according to the laws of the base
jurisdiction.
(18) "Total miles" means the total number of miles
accumulated in all jurisdictions during the preceding year by
all vehicles of the fleet while they were a part of the fleet.
Mileage accumulated by vehicles of the fleet that did not
engage in interstate operations is not included in the fleet
miles.
(19) "Western Compact" means the Uniform Vehicle
Registration, Proration, and Reciprocity Agreement. [1997
c 183 § 2; 1994 c 262 § 12; 1993 c 307 § 12; 1991 c 163 §
4; 1990 c 42 § 111; 1987 c 244 § 16; 1985 c 380 § 2.]
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.022 Rental trailers, converter gears. Owners
of rental trailers and semitrailers over six thousand pounds
gross vehicle weight, and converter gears used solely in pool
fleets shall fully register a portion of the pool fleet in this
state. To determine the percentage of total fleet vehicles that
must be registered in this state, divide the gross revenue
received in the preceding year for the use of the rental
vehicles arising from rental transactions occurring in this
state by the total revenue received in the preceding year for
the use of the rental vehicles arising from rental transactions
in all jurisdictions in which the vehicles are operated. Apply
the resulting percentage to the total number of vehicles that
shall be registered in this state. Vehicles registered in this
state shall be representative of the vehicles in the fleet
according to age, size, and value. [1990 c 250 § 74.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.87.023 Rental car businesses. (1) Rental car
businesses must register with the department of licensing.
This registration must be renewed annually by the rental car
business.
(2) Rental cars must be titled and registered under the
provisions of chapters 46.12 and 46.16 RCW. The vehicle
must be identified at the time of application with the rental
car company business number issued by the department.
(3) Use of rental cars is restricted to the rental customer
unless otherwise provided by rule.
(4) The department may suspend or cancel the exemptions, benefits, or privileges granted under this section to a
rental car business that violates the laws of this state relating
to the operation or registration of vehicles or rules lawfully
adopted thereunder. The department may initiate and
conduct audits, investigations, and enforcement actions as
may be reasonably necessary for administering this section.
(5) The department shall adopt such rules as may be
necessary to administer and enforce the provisions of this
section. [1994 c 227 § 2; 1992 c 194 § 7.]
Effective dates—1992 c 194: See note following RCW 46.04.466.
46.87.025 Vehicles titled in owner’s name. All
vehicles being added to an existing Washington-based fleet
or those vehicles that make up a new Washington-based fleet
shall be titled in the name of the owner at time of registration, or evidence of filing application for title for such
vehicles in the name of the owner shall accompany the
[Title 46 RCW—page 288]
application for proportional registration. [1990 c 250 § 75;
1987 c 244 § 17.]
Severability—1990 c 250: See note following RCW 46.16.301.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.030 Part-year registration—Credit for unused
fees. (1) When application to register an apportionable or
commercial vehicle is made, the Washington prorated fees
may be reduced by one-twelfth for each full registration
month that has elapsed at the time a temporary authorization
permit (TAP) was issued or if no TAP was issued, at such
time as an application for registration is received in the
department. If a vehicle is being added to a currently registered fleet, the prorate percentage previously established for
the fleet for such registration year shall be used in the
computation of the proportional fees and taxes due.
(2) If any vehicle is withdrawn from a proportionally
registered fleet during the period for which it is registered
under this chapter, the registrant of the fleet shall notify the
department on appropriate forms prescribed by the department. The department may require the registrant to surrender credentials that were issued to the vehicle. If a motor
vehicle is permanently withdrawn from a proportionally
registered fleet because it has been destroyed, sold, or
otherwise completely removed from the service of the fleet
registrant, the unused portion of the licensing fee paid under
RCW 46.16.070 with respect to the vehicle reduced by onetwelfth for each calendar month and fraction thereof elapsing
between the first day of the month of the current registration
year in which the vehicle was registered and the date the
notice of withdrawal, accompanied by such credentials as
may be required, is received in the department, shall be
credited to the fleet proportional registration account of the
registrant. Credit shall be applied against the licensing fee
liability for subsequent additions of motor vehicles to be
proportionally registered in the fleet during such registration
year or for additional licensing fees due under RCW
46.16.070 or to be due upon audit under RCW 46.87.310.
If any credit is less than fifteen dollars, no credit will be
entered. In lieu of credit, the registrant may choose to
transfer the unused portion of the licensing fee for the motor
vehicle to the new owner, in which case it shall remain with
the motor vehicle for which it was originally paid. In no
event may any amount be credited against fees other than
those for the registration year from which the credit was
obtained nor is any amount subject to refund. [1997 c 183
§ 3; 1993 c 307 § 13; 1987 c 244 § 18; 1986 c 18 § 23;
1985 c 380 § 3.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.040 Purchase of additional gross weight.
Additional gross weight may be purchased for proportionally
registered motor vehicles to the limits authorized under
chapter 46.44 RCW. Reregistration at the higher gross
weight (maximum gross weights under this chapter are fiftyfour thousand pounds for a solo three-axle truck or one
hundred five thousand five hundred pounds for a combination) for the balance of the registration year, including the
full registration month in which the vehicle is initially
licensed at the higher gross weight. The apportionable or
proportional fee initially paid to the state of Washington,
(2002 Ed.)
Proportional Registration
reduced for the number of full registration months the
license was in effect, will be deducted from the total fee to
be paid to this state for licensing at the higher gross weight
for the balance of the registration year. No credit or refund
will be given for a reduction of gross weight. [1994 c 262
§ 13; 1987 c 244 § 19; 1985 c 380 § 4.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.050 Deposit of fees. Each day the department
shall forward to the state treasurer the fees collected under
this chapter, and within ten days of the end of each registration quarter, a detailed report identifying the amount to be
deposited to each account for which fees are required for the
licensing of proportionally registered vehicles. Such fees
shall be deposited pursuant to RCW 46.68.035, 82.44.110,
and 82.44.170. [1987 c 244 § 20; 1985 c 380 § 5.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.060 Apportionment of fees, formula. The
apportionment of fees to IRP member jurisdictions shall be
in accordance with the provisions of the IRP agreement
based on the apportionable fee multiplied by the prorate
percentage for each jurisdiction in which the fleet will be
registered or is currently registered. [1987 c 244 § 21; 1985
c 380 § 6.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.070 Registration of trailers, semitrailers, pole
trailers. (1) Washington-based trailers, semitrailers, or pole
trailers shall be licensed in this state under the provisions of
chapter 46.16 RCW except as herein provided. If these
vehicles are being operated in jurisdictions that require the
registration of such vehicles, the applicable vehicles may be
considered as apportionable or commercial vehicles for the
purpose of registration in those jurisdictions and this state.
This provision does not apply to trailers, semitrailers, or pole
trailers which have been issued permanent plates.
(2) Trailers, semitrailers, and pole trailers which are
properly based in jurisdictions other than Washington, and
which display currently registered license plates from such
jurisdictions will be granted vehicle license reciprocity in
this state without the need of further vehicle license registration. If pole trailers are not required to be licensed separately by a member jurisdiction, such vehicles may be operated
in this state without displaying a current base license plate.
[1993 c 123 § 1. Prior: 1991 c 339 § 9; 1991 c 163 § 5;
1990 c 42 § 112; 1987 c 244 § 22; 1985 c 380 § 7.]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note
following RCW 46.16.070.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.080 Cab cards, validation tabs, special license
plates—Design, procedures—Issuance, refusal, revocation. (1) Upon making satisfactory application and payment
of applicable fees and taxes for proportional registration
under this chapter, the department shall issue a cab card and
validation tab for each vehicle, and to vehicles of Washington-based fleets, two distinctive apportionable license plates
for each motor vehicle and one such plate for each trailer,
(2002 Ed.)
46.87.040
semitrailer, pole trailer, or converter gear listed on the
application. License plates shall be displayed on vehicles as
required by RCW 46.16.240. The number and plate shall be
of a design, size, and color determined by the department.
The plates shall be treated with reflectorized material and
clearly marked with the words "WASHINGTON" and
"APPORTIONED," both words to appear in full and without
abbreviation.
(2) The cab card serves as the certificate of registration
for a proportionally registered vehicle. The face of the cab
card shall contain the name and address of the registrant as
contained in the records of the department, the license plate
number assigned to the vehicle by the base jurisdiction, the
vehicle identification number, and such other description of
the vehicle and data as the department may require. The cab
card shall be signed by the registrant, or a designated person
if the registrant is a business firm, and shall at all times be
carried in or on the vehicle to which it was issued. In the
case of nonpowered vehicles, the cab card may be carried in
or on the vehicle supplying the motive power instead of in
or on the nonpowered vehicle.
(3) The apportioned license plates are not transferrable
from vehicle to vehicle unless otherwise determined by rule
and shall be used only on the vehicle to which they are
assigned by the department for as long as they are legible or
until such time as the department requires them to be
removed and returned to the department.
(4) Distinctive validation tab(s) of a design, size, and
color determined by the department shall be affixed to the
apportioned license plate(s) as prescribed by the department
to indicate the month, if necessary, and year for which the
vehicle is registered. Foreign-based vehicles proportionally
registered in this state under the provisions of the Western
Compact shall display the validation tab on a backing plate
or as otherwise prescribed by the department.
(5) Renewals shall be effected by the issuance and
display of such tab(s) after making satisfactory application
and payment of applicable fees and taxes.
(6) Fleet vehicles so registered and identified shall be
deemed to be fully licensed and registered in this state for
any type of movement or operation. However, in those
instances in which a grant of authority is required for
interstate or intrastate movement or operation, no such
vehicle may be operated in interstate or intrastate commerce
in this state unless the owner has been granted interstate
operating authority by the interstate commerce commission
in the case of interstate operations or intrastate operating
authority by the Washington utility and transportation
commission in the case of intrastate operations and unless
the vehicle is being operated in conformity with that authority.
(7) The department may issue temporary authorization
permits (TAPs) to qualifying operators for the operation of
vehicles pending issuance of license identification. A fee of
one dollar plus a one dollar filing fee shall be collected for
each permit issued. The permit fee shall be deposited in the
motor vehicle fund, and the filing fee shall be deposited in
the highway safety fund. The department may adopt rules
for use and issuance of the permits.
(8) The department may refuse to issue any license or
permit authorized by subsection (1) or (7) of this section to
any person: (a) Who formerly held any type of license or
[Title 46 RCW—page 289]
46.87.080
Title 46 RCW: Motor Vehicles
permit issued by the department pursuant to chapter 46.16,
46.85, 46.87, 82.36, or 82.38 RCW that has been revoked
for cause, which cause has not been removed; or (b) who is
a subterfuge for the real party in interest whose license or
permit issued by the department pursuant to chapter 46.16,
46.85, 46.87, 82.36, or 82.38 RCW and has been revoked for
cause, which cause has not been removed; or (c) who, as an
individual licensee, or officer, director, owner, or managing
employee of a nonindividual licensee, has had a license or
permit issued by the department pursuant to chapter 46.16,
46.85, 46.87, 82.36, or 82.38 RCW which has been revoked
for cause, which cause has not been removed; or (d) who
has an unsatisfied debt to the state assessed under either
chapter 46.16, 46.85, 46.87, 82.36, 82.38, or 82.44 RCW.
(9) The department may revoke the license or permit
authorized by subsection (1) or (7) of this section issued to
any person for any of the grounds constituting cause for
denial of licenses or permits set forth in subsection (8) of
this section.
(10) Before such refusal or revocation under subsection
(8) or (9) of this section, the department shall grant the
applicant a hearing and at least ten days written notice of the
time and place of the hearing. [1998 c 115 § 1; 1993 c 307
§ 14; 1987 c 244 § 23; 1985 c 380 § 8.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.085 Staggered renewal periods. The department may extend or diminish vehicle license registration
periods for the purpose of staggering renewal periods. The
extension or diminishment of a vehicle license registration
period must be by rule of the department. The rule shall
provide for the collection of proportionally increased or
decreased vehicle license registration fees and of excise or
other taxes required to be paid at the time of registration.
It is the intent of the legislature that there shall be
neither a significant net gain nor loss of revenue to the state
general fund or the motor vehicle fund as the result of
implementing and maintaining a staggered vehicle registration system. [1993 c 307 § 17.]
46.87.090 Apportioned vehicle license plates, cab
card, validation tabs—Replacement—Fees. (1) To replace
an apportioned vehicle license plate(s), cab card, or validation tab(s) due to loss, defacement, or destruction, the
registrant shall apply to the department on forms furnished
for that purpose. The application, together with proper
payment and other documentation as indicated, shall be filed
with the department as follows:
(a) Apportioned plate(s) - a fee of ten dollars shall be
charged for vehicles required to display two apportioned
plates or five dollars for vehicles required to display one
apportioned plate. The cab card of the vehicle for which a
plate is requested shall accompany the application. The
department shall issue a new apportioned plate(s) with
validation tab(s) and a new cab card upon acceptance of the
completed application form, old cab card, and the required
replacement fee.
(b) Cab card - a fee of two dollars shall be charged for
each card. If this is a duplicate cab card, it will be noted
thereon.
[Title 46 RCW—page 290]
(c) Validation year tab(s) - a fee of two dollars shall be
charged for each vehicle.
(2) All fees collected under this section shall be deposited to the motor vehicle fund. [1994 c 262 § 14; 1987 c 244
§ 24; 1986 c 18 § 24; 1985 c 380 § 9.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.120 Mileage data for applications—Nonmotor
vehicles. (1) The initial application for proportional registration of a fleet shall state the mileage data with respect to the
fleet for the preceding year in this and other jurisdictions.
If no operations were conducted with the fleet during the
preceding year, the application shall contain a full statement
of the proposed method of operation and estimates of annual
mileage in each of the jurisdictions in which operation is
contemplated. The registrant shall determine the in-jurisdiction and total miles to be used in computing the fees and
taxes due for the fleet. The department may evaluate and
adjust the estimate in the application if it is not satisfied as
to its correctness. The department shall require a minimum
estimated mileage of one trip state-line-to-state-line in each
jurisdiction the carrier registers for operations.
(2) Fleets will consist of either motor vehicles or
nonmotor vehicles, but not a mixture of both.
(3) In instances where the use of mileage accumulated
by a nonmotor vehicle fleet is impractical, for the purpose of
calculating prorate percentages, the registrant may request
another method and/or unit of measure to be used in determining the prorate percentages. Upon receiving such
request, the department may prescribe another method and/or
unit of measure to be used in lieu of mileage that will ensure
each jurisdiction that requires the registration of nonmotor
vehicles its fair share of vehicle licensing fees and taxes.
(4) When operations of a Washington-based fleet is
materially changed through merger, acquisition, or extended
authority, the registrant shall notify the department, which
shall then require the filing of an amended application
setting forth the proposed operation by use of estimated
mileage for all jurisdictions. The department may adjust the
estimated mileage by audit or otherwise to an actual travel
basis to insure proper fee payment. The actual travel basis
may be used for determination of fee payments until such
time as a normal mileage year is available under the new
operation. Under the provisions of the Western Compact,
this subsection applies to any fleet proportionally registered
in Washington irrespective of the fleet’s base jurisdiction.
[1997 c 183 § 4; 1990 c 42 § 113; 1987 c 244 § 25.]
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.130 Vehicle transaction fee. In addition to all
other fees prescribed for the proportional registration of
vehicles under this chapter, the department shall collect a
vehicle transaction fee each time a vehicle is added to a
Washington-based fleet, and each time the proportional
registration of a Washington-based vehicle is renewed. The
transaction fee is also applicable to all foreign-based vehicles
for which this state calculates and assesses fees/taxes for the
state of Washington. The exact amount of the vehicle
transaction fee shall be fixed by rule but shall not exceed ten
(2002 Ed.)
Proportional Registration
dollars. This fee shall be deposited in the motor vehicle
fund. [1987 c 244 § 26.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.140 Application—Filing, contents—Fees and
taxes—Assessments, due date. (1) Any owner engaged in
interstate operations of one or more fleets of apportionable
or commercial vehicles may, in lieu of registration of the
vehicles under chapter 46.16 RCW, register and license the
vehicles of each fleet under this chapter by filing a proportional registration application for each fleet with the department. The nonmotor vehicles of Washington-based fleets
which are operated in IRP jurisdictions that require registration of such vehicles may be proportionally registered for
operation in those jurisdictions as herein provided. The
application shall contain the following information and such
other information pertinent to vehicle registration as the
department may require:
(a) A description and identification of each vehicle of
the fleet. Motor vehicles and nonpower units shall be placed
in separate fleets.
(b) If registering under the provisions of the IRP, the
registrant shall also indicate member jurisdictions in which
registration is desired and furnish such other information as
those member jurisdictions require.
(c) An original or renewal application shall also be
accompanied by a mileage schedule for each fleet.
(2) Each application shall, at the time and in the manner
required by the department, be supported by payment of a
fee computed as follows:
(a) Divide the in-jurisdiction miles by the total miles
and carry the answer to the nearest thousandth of a percent
(three places beyond the decimal, e.g. 10.543%). This factor
is known as the prorate percentage.
(b) Determine the total proratable fees and taxes
required for each vehicle in the fleet for which registration
is requested, based on the regular annual fees and taxes or
applicable fees and taxes for the unexpired portion of the
registration year under the laws of each jurisdiction for
which fees or taxes are to be calculated.
Washington-based nonmotor vehicles shall normally be
fully licensed under the provisions of chapter 46.16 RCW.
If these vehicles are being operated in jurisdictions that
require the registration of such vehicles, the applicable
vehicles may be considered as apportionable vehicles for the
purpose of registration in those jurisdictions and this state.
The prorate percentage for which registration fees and taxes
were paid to such jurisdictions may be credited toward the
one hundred percent of registration fees and taxes due this
state for full licensing. Applicable fees and taxes for vehicles of Washington-based fleets are those prescribed under
RCW 46.16.070, 46.16.085, 82.38.075, and *82.44.020, as
applicable. If, during the registration period, the lessor of an
apportioned vehicle changes and the vehicle remains in the
fleet of the registrant, the department shall only charge those
fees prescribed for the issuance of new apportioned license
plates, validation tabs, and cab card.
(c) Multiply the total, proratable fees or taxes for each
motor vehicle by the prorate percentage applicable to the
desired jurisdiction and round the results to the nearest cent.
(2002 Ed.)
46.87.130
Fees and taxes for nonmotor vehicles being prorated will be
calculated as indicated in (b) of this subsection.
(d) Add the total fees and taxes determined in (c) of this
subsection for each vehicle to the nonproratable fees required
under the laws of the jurisdiction for which fees are being
calculated. Nonproratable fees required for vehicles of
Washington-based fleets are the administrative fee required
by RCW 82.38.075, if applicable, and the vehicle transaction
fee pursuant to the provisions of RCW 46.87.130.
(e) Add the total fees and taxes determined in (d) of this
subsection for each vehicle listed on the application.
Assuming the fees and taxes calculated were for Washington, this would be the amount due and payable for the
application under the provisions of the Western Compact.
Under the provisions of the IRP, the amount due and
payable for the application would be the sum of the fees and
taxes referred to in (d) of this subsection, calculated for each
member jurisdiction in which registration of the fleet is
desired.
(3) All assessments for proportional registration fees are
due and payable in United States funds on the date presented
or mailed to the registrant at the address listed in the
proportional registration records of the department. The
registrant may petition for reassessment of the fees or taxes
due under this section within thirty days of the date of
original service as provided for in this chapter. [1997 c 183
§ 5; 1991 c 339 § 10; 1990 c 42 § 114; 1987 c 244 § 27.]
*Reviser’s note: RCW 82.44.020 was repealed by 2000 1st sp.s. c
1 § 2.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.150 Overpayment, underpayment—Refund,
additional charge. Whenever a person has been required to
pay a fee or tax pursuant to this chapter that amounts to an
overpayment of ten dollars or more, the person is entitled to
a refund of the entire amount of such overpayment, regardless of whether or not a refund of the overpayment has been
requested. Nothing in this subsection precludes anyone from
applying for a refund of such overpayment if the overpayment is less than ten dollars. Conversely, if the department
or its agents has failed to charge and collect the full amount
of fees or taxes pursuant to this chapter, which underpayment is in the amount of ten dollars or more, the department
shall charge and collect such additional amount as will
constitute full payment of the fees and taxes due. [1996 c
91 § 1; 1987 c 244 § 28.]
Effective date—1996 c 91: "This act takes effect July 1, 1996."
[1996 c 91 § 5.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.170 Recalculation of prorate percentage—
Additional fees and taxes. If the department determines
that a Washington-based carrier has proportionally registered
a fleet in this state under provisions of the Western Compact
and this chapter and has not fully or proportionally registered
the fleet in another member jurisdiction(s) after indicating
their intent to do so in their application to this state, the
mileage traveled in such jurisdiction(s) shall be added to the
Washington in-jurisdiction miles. The department shall then
[Title 46 RCW—page 291]
46.87.170
Title 46 RCW: Motor Vehicles
recalculate the carrier’s Washington prorate percentage and
shall assess and bill the registrant for the additional fees and
taxes due the state of Washington. [1987 c 244 § 30.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.180 Conditions on fleet vehicles. The privileges and benefits of proportional registration of fleet vehicles
extended by this chapter, or by any contract, agreement,
arrangement, or declaration made under the authority of
chapter 46.85 RCW or this chapter are subject to the
conditions that:
(1) Each vehicle of the fleet proportionally registered
under the authority of this chapter is also fully or proportionally registered in at least one other jurisdiction during the
period for which it is proportionally registered in this state;
and
(2) A fleet consists of the same vehicles in each
jurisdiction in which the fleet is proportionally registered.
[1987 c 244 § 31.]
The gross weight in the case of a bus, auto stage, or for
hire vehicle, except a taxicab, with a seating capacity over
six, is the scale weight of the bus, auto stage, or for hire
vehicle plus the seating capacity, including the operator’s
seat, computed at one hundred and fifty pounds per seat.
If the resultant gross weight, according to this section,
is not listed in RCW 46.16.070, it will be increased to the
next higher gross weight so listed pursuant to chapter 46.44
RCW.
A motor vehicle or combination of vehicles found to be
loaded beyond the licensed gross weight of the motor vehicle
registered under this chapter shall be cited and handled under
RCW 46.16.140 and 46.16.145. [1987 c 244 § 35.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.190 Suspension or cancellation of benefits.
The department may suspend or cancel the exemptions,
benefits, or privileges granted under chapter 46.85 RCW or
this chapter to any person or business firm who violates any
of the conditions or terms of the IRP, Western Compact, or
declarations, or who violates the laws of this state relating to
the operation or registration of vehicles or rules lawfully
adopted thereunder. [1987 c 244 § 32.]
46.87.230 Responsibility for unlawful acts or
omissions. Whenever an act or omission is declared to be
unlawful under chapter 46.12, 46.16, or 46.44 RCW or this
chapter, and if the operator of the vehicle is not the owner
or lessee of the vehicle but is so operating or moving the
vehicle with the express or implied permission of the owner
or lessee, then the operator and the owner or lessee are both
subject to this chapter, with the primary responsibility to be
that of the owner or lessee.
If the person operating the vehicle at the time of the
unlawful act or omission is not the owner or the lessee of
the vehicle, that person is fully authorized to accept the
citation or notice of infraction and execute the promise to
appear on behalf of the owner or lessee. [1987 c 244 § 36.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.200 Refusal of registration—Federal heavy
vehicle use tax. The department may refuse registration of
a vehicle if the applicant has failed to furnish proof, acceptable to the department, that the federal heavy vehicle use
tax imposed by section 4481 of the internal revenue code of
1954 has been suspended or paid. The department may
adopt rules as deemed necessary to administer this section.
[1987 c 244 § 33.]
46.87.240 Relationship of department with other
jurisdictions. Under the provisions of the IRP, the department may act in a quasi-agency relationship with other
jurisdictions. The department may collect and forward applicable registration fees and taxes and applications to other
jurisdictions on behalf of the applicant or another jurisdiction
and may take other action that facilitates the administration
of the plan. [1987 c 244 § 37.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.210 Refusal of application from nonreciprocal
jurisdiction. The department may refuse to accept proportional registration applications for the registration of vehicles
based in another jurisdiction if the department finds that the
other jurisdiction does not grant similar registration privileges to fleet vehicles based in or owned by residents of this
state. [1987 c 244 § 34.]
46.87.250 Authority of chapter. This chapter
constitutes complete authority for the registration of fleet
vehicles upon a proportional registration basis without
reference to or application of any other statutes of this state
except as expressly provided in this chapter. [1987 c 244 §
38.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
Effective dates—1987 c 244: See note following RCW 46.12.020.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.220 Gross weight computation. The gross
weight in the case of a motor truck, tractor, or truck tractor
is the scale weight of the motor truck, tractor, or truck
tractor, plus the scale weight of any trailer, semitrailer,
converter gear, or pole trailer to be towed by it, to which
shall be added the weight of the maximum load to be carried
on it or towed by it as set forth by the licensee in the
application providing it does not exceed the weight limitations prescribed by chapter 46.44 RCW.
[Title 46 RCW—page 292]
46.87.260 Alteration or forgery of cab card or letter
of authority—Penalty. Any person who alters or forges or
causes to be altered or forged any cab card, letter of authority, or other temporary authority issued by the department
under this chapter or holds or uses a cab card, letter of
authority, or other temporary authority, knowing the document to have been altered or forged, is guilty of a felony.
[1987 c 244 § 39.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
(2002 Ed.)
Proportional Registration
46.87.270 Gross weight on vehicle. Every Washington-based motor vehicle registered under this chapter shall
have the maximum gross weight or maximum combined
gross weight for which the vehicle is licensed in this state,
painted or stenciled in letters or numbers of contrasting color
not less than two inches in height in a conspicuous place on
the right and left sides of the vehicle. It is unlawful for the
owner or operator of any motor vehicle to display a maximum gross weight or maximum combined gross weight other
than that shown on the current cab card of the vehicle.
[1990 c 250 § 77; 1987 c 244 § 40.]
Severability—1990 c 250: See note following RCW 46.16.301.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.280 Effect of other registration. Nothing
contained in this chapter relating to proportional registration
of fleet vehicles requires any vehicle to be proportionally
registered if it is otherwise registered for operation on the
highways of this state. [1987 c 244 § 41.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.290 Refusal, cancellation of application, cab
card—Procedures, penalties. If the department determines
at any time that an applicant for proportional registration of
a vehicle or a fleet of vehicles is not entitled to a cab card
for a vehicle or fleet of vehicles, the department may refuse
to issue the cab card(s) or to license the vehicle or fleet of
vehicles and may for like reason, after notice, and in the
exercise of discretion, cancel the cab card(s) and license
plate(s) already issued. The department shall send the notice
of cancellation by first class mail, addressed to the owner of
the vehicle in question at the owner’s address as it appears
in the proportional registration records of the department,
and record the transmittal on an affidavit of first class mail.
It is then unlawful for any person to remove, drive, or
operate the vehicle(s) until a proper certificate(s) of registration or cab card(s) has been issued. Any person removing,
driving, or operating the vehicle(s) after the refusal of the
department to issue a cab card(s), certificate(s) of registration, license plate(s), or the revocation or cancellation of
the cab card(s), certificate(s) of registration, or license
plate(s) is guilty of a gross misdemeanor. At the discretion
of the department, a vehicle that has been moved, driven, or
operated in violation of this section may be impounded by
the Washington state patrol, county sheriff, or city police in
a manner directed for such cases by the chief of the Washington state patrol until proper registration and license plate
have been issued. [1997 c 183 § 6; 1987 c 244 § 42.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.300 Appeal of suspension, revocation,
cancellation, refusal. The suspension, revocation,
cancellation, or refusal by the director, or the director’s
designee, of a license plate(s), certificate(s) of registration,
or cab card(s) provided for in this chapter is conclusive
unless the person whose license plate(s), certificate(s) of
registration, or cab card(s) is suspended, revoked, canceled,
or refused appeals to the superior court of Thurston county,
or at the person’s option if a resident of Washington, to the
superior court of his or her county of residence, for the
purpose of having the suspension, revocation, cancellation,
(2002 Ed.)
46.87.270
or refusal of the license plate(s), certificate(s) of registration,
or cab card(s) set aside. Notice of appeal shall be filed
within ten calendar days after service of the notice of
suspension, revocation, cancellation, or refusal. Upon the
filing of the appeal, the court shall issue an order to the
director to show cause why the license(s) should not be
granted or reinstated. The director shall respond to the order
within ten days after the date of service of the order upon
the director. Service shall be in the manner prescribed for
service of summons and complaint in other civil actions.
Upon the hearing on the order to show cause, the court shall
hear evidence concerning matters related to the suspension,
revocation, cancellation, or refusal of the license plate(s),
certificate(s) of registration, or cab card(s) and shall enter
judgment either affirming or setting aside the suspension,
revocation, cancellation, or refusal. [1987 c 244 § 43.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.310 Application records—Preservation,
contents, audit—Additional assessments, penalties,
refunds. Any owner whose application for proportional
registration has been accepted shall preserve the records on
which the application is based for a period of four years
following the preceding year or period upon which the
application is based. These records shall be complete and
shall include, but not be limited to, the following: Copies of
proportional registration applications and supplements for all
jurisdictions in which the fleet is prorated; proof of proportional or full registration with other jurisdictions; vehicle license or trip permits; temporary authorization permits;
documents establishing the latest purchase year and cost of
each fleet vehicle in ready-for-the-road condition; weight
certificates indicating the unladen, ready-for-the-road, weight
of each vehicle in the fleet; periodic summaries of mileage
by fleet and by individual vehicles; individual trip reports,
driver’s daily logs, or other source documents maintained for
each individual trip that provide trip dates, points of origin
and destinations, total miles traveled, miles traveled in each
jurisdiction, routes traveled, vehicle equipment number,
driver’s full name, and all other information pertinent to
each trip. Upon request of the department, the owner shall
make the records available to the department at its designated office for audit as to accuracy of records, computations, and payments. The department shall assess and collect
any unpaid fees and taxes found to be due the state and
provide credits or refunds for overpayments of Washington
fees and taxes as determined in accordance with formulas
and other requirements prescribed in this chapter. If the
owner fails to maintain complete records as required by this
section, the department shall attempt to reconstruct or
reestablish such records. However, if the department is
unable to do so and the missing or incomplete records
involve mileages accrued by vehicles while they are part of
the fleet, the department may assess an amount not to exceed
the difference between the Washington proportional fees and
taxes paid and one hundred percent of the fees and taxes.
Further, if the owner fails to maintain complete records as
required by this section, or if the department determines that
the owner should have registered more vehicles in this state
under this chapter, the department may deny the owner the
right of any further benefits provided by this chapter until
[Title 46 RCW—page 293]
46.87.310
Title 46 RCW: Motor Vehicles
any final audit or assessment made under this chapter has
been satisfied.
The department may audit the records of any owner and
may make arrangements with agencies of other jurisdictions
administering motor vehicle registration laws for joint audits
of any such owner. No assessment for deficiency or claim
for credit may be made for any period for which records are
no longer required. Any fees, taxes, penalties, or interest
found to be due and owing the state upon audit shall bear
interest at the rate of one percent per month, or fraction
thereof, from the first day of the calendar month after the
amount should have been paid until the date of payment. If
the audit discloses a deliberate and willful intent to evade the
requirements of payment under RCW 46.87.140, a penalty
of ten percent shall also be assessed.
If the audit discloses that an overpayment to the state in
excess of ten dollars has been made, the department shall
certify the overpayment to the state treasurer who shall issue
a warrant for the overpayment to the vehicle operator.
Overpayments shall bear interest at the rate of eight percent
per annum from the date on which the overpayment is
incurred until the date of payment. [1996 c 91 § 2; 1993 c
307 § 15; 1987 c 244 § 44.]
Effective date—1996 c 91: See note following RCW 46.87.150.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.320 Departmental audits, investigations—
Subpoenas. The department may initiate and conduct audits
and investigations as may be reasonably necessary to
establish the existence of any alleged violations of or
noncompliance with this chapter or any rules adopted under
it.
For the purpose of any audit, investigation, or proceeding under this chapter the director or any designee of the
director may administer oaths and affirmations, subpoena
witnesses, compel their attendance, take evidence, and require the production of any books, paper, correspondence,
memoranda, agreements, or other documents or records that
the department deems relevant or material to the inquiry.
In case of contumacy or refusal to obey a subpoena
issued to any person, any court of competent jurisdiction
upon application by the department, may issue an order
requiring that person to appear before the director or the
officer designated by the director to produce testimony or
other evidence touching the matter under audit, investigation,
or in question. Failure to obey an order of the court may be
punishable by contempt. [1987 c 244 § 45.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.330 Assessments—When due, penalties—
Reassessment—Petition, notice, service—Injunctions,
writs of mandate restricted. An owner of proportionally
registered vehicles against whom an assessment is made
under RCW 46.87.310 may petition for reassessment thereof
within thirty days after service of notice of the assessment
upon the owner of the proportionally registered vehicles. If
the petition is not filed within the thirty-day period, the
amount of the assessment becomes final at the expiration of
that time period.
If a petition for reassessment is filed within the thirtyday period, the department shall reconsider the assessment
[Title 46 RCW—page 294]
and, if the petitioner has so requested in the petition, shall
grant the petitioner an oral hearing and give the petitioner
ten days notice of the time and place of the hearing. The
department may continue the hearing from time to time.
The decision of the department upon a petition for reassessment becomes final thirty days after service upon the petitioner of notice of the decision.
Every assessment made under RCW 46.87.310 becomes
due and payable at the time it is served on the owner. If the
assessment is not paid in full when it becomes final, the
department shall add a penalty of ten percent of the amount
of the assessment.
Any notice of assessment, reassessment, oral hearing, or
decision required by this section shall be served personally
or by mail. If served by mail, service is deemed to have
been accomplished on the date the notice was deposited in
the United States mail, postage prepaid, addressed to the
owner of the proportionally registered vehicles at the
owner’s address as it appears in the proportional registration
records of the department.
No injunction or writ of mandate or other legal or
equitable process may be issued in any suit, action, or
proceeding in any court against any officer of the state to
prevent or enjoin the collection under this chapter of any fee
or tax or any amount of fee or tax required to be collected,
except as specifically provided for in chapter 34.05 RCW.
[1996 c 91 § 3; 1987 c 244 § 46.]
Effective date—1996 c 91: See note following RCW 46.87.150.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.335 Mitigation of assessments. Except in the
case of violations of filing a false or fraudulent application,
if the department deems mitigation of penalties, fees, and
interest to be reasonable and in the best interests of carrying
out the purpose of this chapter, it may mitigate such assessments upon whatever terms the department deems proper,
giving consideration to the degree and extent of the lack of
records and reporting errors. The department may ascertain
the facts regarding recordkeeping and payment penalties in
lieu of more elaborate proceedings under this chapter. [1994
c 262 § 15; 1991 c 339 § 5.]
46.87.340 Assessments—Lien for nonpayment. If an
owner of proportionally registered vehicles liable for the
remittance of fees and taxes imposed by this chapter fails to
pay the fees and taxes, the amount thereof, including any interest, penalty, or addition to the fees and taxes together with
any additional costs that may accrue, constitutes a lien in
favor of the state upon all franchises, property, and rights to
property, whether the property is employed by the person for
personal or business use or is in the hands of a trustee,
receiver, or assignee for the benefit of creditors, from the
date the fees and taxes were due and payable until the
amount of the lien is paid or the property is sold to pay the
lien. The lien has priority over any lien or encumbrance
whatsoever, except the lien of other state taxes having
priority by law, and except that the lien is not valid as
against any bona fide mortgagee, pledgee, judgment creditor,
or purchaser whose rights have attached before the time the
department has filed and recorded notice of the lien as
provided in this chapter.
(2002 Ed.)
Proportional Registration
In order to avail itself of the lien created by this section,
the department shall file with any county auditor a statement
of claim and lien specifying the amount of delinquent fees
and taxes, penalties, and interest claimed by the department.
From the time of filing for record, the amount required to be
paid constitutes a lien upon all franchises, property, and
rights to property, whether real or personal, then belonging
to or thereafter acquired by the person in the county. Any
lien as provided in this section may also be filed in the
office of the secretary of state. Filing in the office of the
secretary of state is of no effect, however, until the lien or
a copy of it has been filed with the county auditor in the
county where the property is located. When a lien is filed
in compliance with this section and with the secretary of
state, the filing has the same effect as if the lien had been
duly filed for record in the office of each county auditor of
this state. [1993 c 307 § 16; 1987 c 244 § 47.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.350 Delinquent obligations—Notice—
Restriction on credits or property—Default judgments—
Lien. If an owner of proportionally registered vehicles for
which an assessment has become final is delinquent in the
payment of an obligation imposed under this chapter, the
department may give notice of the amount of the delinquency by registered or certified mail to all persons having in
their possession or under their control any credits or other
personal property belonging to the vehicle owner or owing
any debts to the owner, at the time of the receipt by them of
the notice. Thereafter, a person so notified shall neither
transfer nor make other disposition of those credits, personal
property, or debts until the department consents to a transfer
or other disposition. A person so notified shall, within
twenty days after receipt of the notice, advise the department
of any and all such credits, personal property, or debts in
their possession, under their control or owing by them, as the
case may be, and shall forthwith deliver such credits,
personal property, or debts to the department or its duly
authorized representative to be applied to the indebtedness
involved.
If a person fails to answer the notice within the time
prescribed by this section, it is lawful for the court upon
application of the department and after the time to answer
the notice has expired, to render judgment by default against
the person for the full amount claimed by the department in
the notice to withhold and deliver, together with costs.
Upon service, the notice and order to withhold and
deliver constitutes a continuing lien on property of the
taxpayer. The department shall include in the caption of the
notice to withhold and deliver "continuing lien." The effective date of a notice to withhold and deliver served under
this section is the date of service of the notice. [1994 c 262
§ 16; 1987 c 244 § 48.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.360 Delinquent obligations—Collection by
department—Seizure of property, notice, sale. Whenever
the owner of proportionally registered vehicles is delinquent
in the payment of an obligation imposed under this chapter,
and the delinquency continues after notice and demand for
payment by the department, the department may proceed to
(2002 Ed.)
46.87.340
collect the amount due from the owner in the following
manner: The department shall seize any property subject to
the lien of the fees, taxes, penalties, and interest and sell it
at public auction to pay the obligation and any and all costs
that may have been incurred because of the seizure and sale.
Notice of the intended sale and its time and place shall be
given to the delinquent owner and to all persons appearing
of record to have an interest in the property. The notice
shall be given in writing at least ten days before the date set
for the sale by registered or certified mail addressed to the
owner as appearing in the proportional registration records
of the department and, in the case of any person appearing
of record to have an interest in such property, addressed to
that person at their last known residence or place of business. In addition, the notice shall be published at least ten
days before the date set for the sale in a newspaper of
general circulation published in the county in which the
property seized is to be sold. If there is no newspaper in the
county, the notice shall be posted in three public places in
the county for a period of ten days. The notice shall contain
a description of the property to be sold, a statement of the
amount due under this chapter, the name of the owner of the
proportionally registered vehicles, and the further statement
that unless the amount due is paid on or before the time
fixed in the notice the property will be sold in accordance
with law.
The department shall then proceed to sell the property
in accordance with law and the notice, and shall deliver to
the purchaser a bill of sale or deed that vests title in the
purchaser. If upon any such sale the moneys received
exceed the amount due to the state under this chapter from
the delinquent owner, the excess shall be returned to the
delinquent owner and his receipt obtained for it. The
department may withhold payment of the excess to the
delinquent owner if a person having an interest in or lien
upon the property has filed with the department their notice
of the lien or interest before the sale, pending determination
of the rights of the respective parties thereto by a court of
competent jurisdiction. If for any reason the receipt of the
delinquent owner is not available, the department shall
deposit the excess with the state treasurer as trustee for the
delinquent owner. [1987 c 244 § 49.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.370 Warrant for final assessments—Lien on
property. Whenever any assessment has become final in
accordance with this chapter, the department may file with
the clerk of any county within this state a warrant in the
amount of fees, taxes, penalties, interest, and a filing fee
under RCW 36.18.012(10). The clerk of the county in
which the warrant is filed shall immediately designate a
superior court cause number for the warrant, and the clerk
shall cause to be entered in the judgment docket under the
superior court cause number assigned to the warrant the
name of the delinquent owner of proportionally registered
vehicles mentioned in the warrant, the amount of the fees,
taxes, penalties, interest, and filing fee, and the date when
the warrant was filed. The aggregate amount of the warrant
as docketed constitutes a lien upon the title to, and interest
in, all real and personal property of the named person
against whom the warrant is issued, the same as a judgment
[Title 46 RCW—page 295]
46.87.370
Title 46 RCW: Motor Vehicles
in a civil case duly docketed in the office of the clerk. A
warrant so docketed is sufficient to support the issuance of
writs of execution and writs of garnishment in favor of the
state in the manner provided by law in the case of civil
judgment wholly or partially unsatisfied. The clerk of the
court is entitled to a filing fee under RCW 36.18.012(10),
which shall be added to the amount of the warrant. [2001
c 146 § 6; 1987 c 244 § 50.]
46.16.070, *46.16.080, 46.16.090, and 46.16.085 shall be
assessed beginning with the renewal of vehicle registrations
with a December 1986 expiration date or later and all initial
registrations that become effective on or after January 1,
1987. The director of the department of licensing may
immediately take such steps as are necessary to insure that
this act is implemented on its effective date. [1986 c 18 §
27; 1985 c 380 § 25.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
*Reviser’s note: RCW 46.16.080 was repealed by 1994 c 262 § 28,
effective July 1, 1994.
46.87.380 Delinquent obligations—Collection by
attorney general. Whenever an owner of proportionally
registered vehicles is delinquent in the payment of an
obligation under this chapter the department may transmit
notices of the delinquency to the attorney general who shall
at once proceed to collect by appropriate legal action the
amount due the state from the delinquent owner.
In a suit brought to enforce the rights of the state under
this chapter, a certificate by the department showing the
delinquency is prima facie evidence of the amount of the
obligation, of the delinquency thereof, and of compliance by
the department with all provisions of this chapter relating to
the obligation. [1987 c 244 § 51.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.390 Remedies cumulative. The remedies of the
state in this chapter are cumulative, and no action taken by
the department may be construed to be an election on the
part of the state or any of its officers to pursue any remedy
under this chapter to the exclusion of any other remedy
provided for in this chapter. [1987 c 244 § 52.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.400 Civil immunity. (1) The director, the state
of Washington, and its political subdivisions are immune
from civil liability arising from the issuance of a vehicle
license to a nonroadworthy vehicle.
(2) No suit or action may be commenced or prosecuted
against the director or the state of Washington by reason of
any act done or omitted to be done in the administration of
the duties and responsibilities imposed upon the director
under this chapter. [1987 c 244 § 53.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.410 Bankruptcy proceedings—Notice. A
proportional registration licensee, who files or against whom
is filed a petition in bankruptcy, shall, within ten days of the
filing, notify the department of the proceedings in bankruptcy, including the identity and location of the court in
which the proceedings are pending. [1997 c 183 § 1.]
46.87.900 Severability—1985 c 380. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 380 § 26.]
46.87.901 Effective date—1986 c 18; 1985 c 380.
Chapter 380, Laws of 1985 and this 1986 act shall take
effect on January 1st 1987. The new fees required by RCW
[Title 46 RCW—page 296]
46.87.910 Short title. This chapter may be known
and cited as "Proportional Registration." [1987 c 244 § 54.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
Chapter 46.88
OUT-OF-STATE COMMERCIAL VEHICLES—
INTRASTATE PERMITS
Sections
46.88.010
Commercial vehicles registered in another state—Permits for
intrastate operations.
46.88.010 Commercial vehicles registered in another
state—Permits for intrastate operations. The owner of
any commercial vehicle or vehicles lawfully registered in
another state and who wishes to use such vehicle or vehicles
in this state in intrastate operations for periods less than a
year may obtain permits for such operations upon application
to the department. Such permits may be issued for thirty,
sixty, or ninety day periods. The cost of each such permit
shall be one-twelfth of the fees provided for in RCW
46.16.070 or 46.16.085, as appropriate, and *82.44.020 for
each thirty days’ operations provided for in the permit.
[1986 c 18 § 25; 1979 c 158 § 202; 1969 ex.s. c 281 § 32.]
*Reviser’s note: RCW 82.44.020 was repealed by 2000 1st sp.s. c
1 § 2.
Effective date—1986 c 18: See RCW 46.87.901.
Effective date—1969 ex.s. c 281: "This 1969 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and except for sections 32 and 54 of this 1969 amendatory act shall
take effect immediately. Sections 32 and 54 of this 1969 amendatory act
shall take effect January 1, 1970." [1969 ex.s. c 281 § 63.]
Chapter 46.90
WASHINGTON MODEL TRAFFIC ORDINANCE
Sections
46.90.005
46.90.010
Purpose.
Adoption of model traffic ordinance—Amendments.
46.90.005 Purpose. The purpose of this chapter is to
encourage highway safety and uniform traffic laws by
authorizing the department of licensing to adopt a comprehensive compilation of sound, uniform traffic laws to serve
as a guide which local authorities may adopt by reference or
any part thereof, including all future amendments or additions thereto. Any local authority which adopts that body of
rules by reference may at any time exclude any section or
sections of those rules that it does not desire to include in its
(2002 Ed.)
Washington Model Traffic Ordinance
local traffic ordinance. The rules are not intended to deny
any local authority its legislative power, but rather to
enhance safe and efficient movement of traffic throughout
the state by having current, uniform traffic laws available.
[1993 c 400 § 1; 1975 1st ex.s. c 54 § 1.]
Effective dates—1993 c 400: "(1) Sections 3 through 5 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect immediately [May 15, 1993].
(2) Sections 1 and 2 of this act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993.
(3) Section 6 of this act takes effect July 1, 1994." [1993 c 400 § 7.]
46.90.010 Adoption of model traffic ordinance—
Amendments. In consultation with the chief of the Washington state patrol and the traffic safety commission, the
director shall adopt in accordance with chapter 34.05 RCW
a model traffic ordinance for use by any city, town, or
county. The addition of any new section to, or amendment
or repeal of any section in, the model traffic ordinance is
deemed to amend any city, town, or county, ordinance which
has adopted by reference the model traffic ordinance or any
part thereof, and it shall not be necessary for the legislative
authority of any city, town, or county to take any action with
respect to such addition, amendment, or repeal notwithstanding the provisions of RCW 35.21.180, 35A.12.140,
35A.13.180, and 36.32.120(7). [1993 c 400 § 2; 1975 1st
ex.s. c 54 § 2.]
Effective dates—1993 c 400: See note following RCW 46.90.005.
Chapter 46.94
MOTORCYCLE DEALERS’ FRANCHISE ACT
(Revised November 3, 1988, under the Washington Supreme
Court decision in Washington State Motorcycle Dealers
Association, Et al, v. The State of Washington, 763 P.2d 442,
111 Wash.2d 667 (1988), which declared invalid the five
item vetoes to chapter 472, Laws of 1985 (Engrossed
Substitute Senate Bill 3333). The Governor exercised his
veto power by attempting to excise parts of sections 3, 4, 5,
8, and 10. The vetoed material is restored as parts of RCW
46.94.010, 46.94.020, 46.94.030, 46.94.040, and 46.94.060.)
Sections
46.94.001
46.94.005
46.94.010
46.94.020
46.94.030
46.94.040
46.94.050
46.94.060
46.94.900
Short title.
Legislative intent.
Definitions.
Prohibited trade practices.
Succession to business by designated family member.
Compensation for warranty, delivery, preparation expenses.
Prohibited financial practices.
Civil remedies.
Severability—1985 c 472.
46.94.001 Short title. This chapter shall be known as
the motorcycle dealers’ franchise act. [1985 c 472 § 1.]
46.94.005 Legislative intent. The legislature recognizes it is in the best public interest for manufacturers and
dealers of motorcycles to conduct business with each other
in a fair, efficient, and competitive manner. The legislature
(2002 Ed.)
46.90.005
declares the public interest is best served by dealers being
assured of the ability to manage their business enterprises
under a contractual obligation with manufacturers where
dealers do not experience unreasonable interference, receive
adequate allocations of merchandise in a timely manner at
competitive prices, and transfer ownership of their business
without undue constraints. It is the intent of the legislature
to impose a regulatory scheme and to regulate competition
in the motorcycle industry to the extent necessary to balance
fairness and efficiency. These actions will assure the public
that motorcycle dealers will devote their best competitive efforts and resources to the sale and service of the
manufacturer’s products which the dealer has been granted
the right to sell and service. [1985 c 472 § 2.]
46.94.010 Definitions. As used in this chapter:
(1) "Department" means the department of licensing.
(2) "Designated family member" means (a) an heir as
defined in RCW 11.02.005(6) if the motorcycle dealer dies
intestate or (b) a legatee or devisee as used in Title 11 RCW
if the deceased motorcycle dealer leaves a will. A motorcycle dealer also may name in a notarized statement any
person as the designated family member for the purposes of
receiving an interest in the motorcycle dealership. Title 11
RCW applies to this chapter. However, in cases of conflict,
the notarized inter vivos designation prevails over testamentary and intestate succession. Notarized inter vivos designations under this subsection are not codicils to wills.
(3) "Distributor" means a person, whether a resident or
nonresident, other than a manufacturer, who sells, leases, or
distributes motorcycles to motorcycle dealers, or controls any
other person, other than a manufacturer, who sells, leases, or
distributes motorcycles to motorcycle dealers.
(4) "Distributor branch" means a branch office maintained by the distributor or wholesaler.
(5) "Distributor representative" means a representative
employed by a distributor or wholesaler for the purpose of
selling or promoting the sale or lease of the distributor’s or
wholesaler’s motorcycles to motorcycle dealers, or for the
purpose of supervising or contacting dealers.
(6) "Factory branch" means a branch office maintained
by a manufacturer in order to direct and supervise the
representatives of the manufacturer.
(7) "Factory representative" means a person employed
by a manufacturer for the purpose of making or promoting
the sale or lease of the manufacturer’s motorcycles to
dealers, distributors, or prospective motorcycle dealers.
(8) "Franchise" means an oral or written contract, to
include a dealer agreement, either expressed or implied,
between a franchisor and a motorcycle dealer which purports
to fix the legal rights and liabilities between the parties and
under which (a) the dealer is granted the right to purchase
and resell motorcycles manufactured, distributed, or imported
by the franchisor; (b) the dealer’s business is associated with
the trademark, trade name, commercial symbol, or advertisement designating the franchisor or the products distributed
by the franchisor; and (c) the dealer’s business relies on the
franchisor for a continued supply of motorcycles, parts, and
accessories.
(9) "Franchisor" means any person who enters into a
franchise with a motorcycle dealer.
[Title 46 RCW—page 297]
46.94.010
Title 46 RCW: Motor Vehicles
(10) "Manufacturer" means any person, firm, association, corporation, or trust that manufactures or provides
assemblies for motorcycles.
(11) "Motorcycle" means any motor vehicle which has
an unladen weight of less than fifteen hundred pounds,
including any parts, accessories, equipment, or special tools
designated or intended for use on or with those motor
vehicles, and (a) which is self-propelled and capable of use
and operation on the public highways and streets; or (b)
which is a self-propelled, off-road vehicle, tired or nontired,
capable of transporting individuals on or off public highways
and streets. "Motorcycle" excludes farm tractors, golf carts,
firefighting equipment, any motor vehicle designed solely for
industrial purposes, and lawnmowers.
(12) "Motorcycle dealer" or "dealer" means a person
operating under a dealer agreement or franchise with a
franchisor who is engaged regularly in the business of
buying, selling, exchanging, offering, brokering, or leasing
with an option to purchase new or used motorcycles in the
state, with a place of business in the state.
(13) "New motorcycle" means a motorcycle that has
been sold or transferred to a motorcycle dealer and that has
not been used for other than demonstration purposes, and on
which the original title has not been issued from the motorcycle dealer. The term includes motorcycles not of the
current model year comprising part of the dealer’s inventory.
(14) "Person" means any natural person, partnership,
stock company, corporation, trust, agency, or other legal
entity, as well as any individual officers, directors, or other
persons in active control of the activities of the entity.
(15) "Place of business" means a permanent, enclosed
commercial building, situated within the state, and the real
property on which it is located, at which the business of a
motorcycle dealer, including the display and repair of
motorcycles, may be lawfully conducted in accordance with
the terms of all applicable laws and in the building the
public may contact the motorcycle dealer or his or her
employees at all reasonable times.
(16) "Relevant market area" means a ten-mile radius
around a proposed place of business. [1985 c 472 § 3.]
Reviser’s note: See note at beginning of chapter digest.
46.94.020 Prohibited trade practices. Acts or
conduct described in this section constitute prohibited trade
practices that cannot be waived. It is a prohibited trade
practice for a franchisor or its manufacturers, distributors,
subsidiaries, or other agents:
(1) To require, coerce or attempt to require, or coerce,
either directly or indirectly, any motorcycle dealer to:
(a) Accept, buy, or order any motorcycle, part or
accessory, or any other commodity or service not voluntarily
ordered, or requested, or to buy, order, or pay anything of
value for such items in order to obtain any motorcycle part,
accessory, or other commodity which has been voluntarily
ordered or requested;
(b) Order or accept delivery of any motorcycle with
special features, accessories, or equipment not included in
the list price of the motorcycle as advertised by the manufacturer, except items which have been voluntarily requested or
ordered by the dealer, and except items required by law;
[Title 46 RCW—page 298]
(c) Enter into any agreement or understanding resulting
in a reduction of the dealer’s allocation of motorcycles for
reasons other than reduced production levels causing
uniformly and proportionally applied reductions to all
dealers;
(d) Enter into any agreement or sales promotion
program by threatening to terminate the franchise of the
dealer;
(e) Refrain from participation in the management,
investment, acquisition, or sale of any other related product
or product line of motor vehicles, parts, or accessories;
(f) Enter into any agreement violating this chapter; or
(g) Enter into an agreement by which the franchisor,
manufacturer, factory branch, factory representative, distributor, distributor branch, or distributor representative can
directly solicit the dealer’s customers.
(2) To terminate, refuse to renew, fail to extend, or fail
to renew any franchise without good cause. Good cause
includes but is not limited to:
(a) The amount of business transacted by the dealer as
compared to the amount of business available to the dealer;
(b) The investment necessarily made and obligations
necessarily incurred by the dealer in the performance of the
franchise;
(c) The degree of the dealer’s investment, including but
not limited to the dealer’s purchase or lease of real property
for the dealership, the training given to the dealer’s employees, and the amount of equipment purchased for the dealership;
(d) The adequacy of the dealer’s new motorcycle sales
and service facilities, equipment, and parts;
(e) The qualifications and performance of the management, sales, and service personnel to provide the consumer
with reasonably good service and care of new motorcycles;
(f) The failure of the dealer to substantially comply in
good faith with the reasonable requirements of the franchise;
(g) The adequacy of the franchisor’s actual quantities
delivered of motorcycles, parts, and accessories compared to
quantities promised by the franchisor;
(h) The effect on the retail motorcycle business and the
consuming public in the dealer’s market area;
(i) Whether the dealer has exercised prudent business
judgment.
The dealer shall be notified, in writing, not less than
ninety days before termination or nonrenewal with reasons
for the actions. If the termination or nonrenewal is based on
termination or discontinuance of the product line, the dealer
shall be notified not less than one hundred eighty days prior
to termination or nonrenewal. All existing franchises shall
continue operation under a newly appointed distributor upon
the termination of an existing distributor unless a mutual
agreement of termination is filed between the new distributor
and the affected dealer.
(3) To require a change in capital structure, or means of
financing, if the dealer at all times meets the reasonable,
written, and uniformly applied capital standards determined
by the manufacturer, franchisor, or distributor;
(4) To prevent or attempt to prevent a dealer from
making reasonable changes in the capital structure of a
dealership or the means by which the dealership is financed
if the dealer meets the reasonable, written, and uniformly
(2002 Ed.)
Motorcycle Dealers’ Franchise Act
applied capital requirements determined by the manufacturer,
franchisor, or distributor;
(5) To unreasonably require a change in the location of
the dealership or any substantial alterations to the place of
business;
(6) To condition renewal or extension of the franchise
on substantial renovation of the existing place of business or
on the construction, purchase, acquisition, or lease of a new
place of business unless written notice is first provided one
hundred eighty days prior to the date of renewal or extension
and the franchisor demonstrates the reasonableness of the
requested actions. The franchisor shall agree to supply the
dealer with an adequate quantity of motorcycles, parts, and
accessories to meet the sales level necessary to support the
overhead resulting from substantial renovation, construction,
acquisition, or lease of a new place of business;
(7) To adopt, establish, or implement a plan or system,
or to modify an existing plan or system, for the distribution
or allocation of motorcycles which is arbitrary, in bad faith,
or unconscionable and which damages the dealer or the
dealer’s customers;
(8) To fail or refuse to disclose to the dealer, after
written request, the basis upon which new motorcycles of the
same line are currently or will in the future be allocated or
distributed to dealers;
(9) To fail or refuse to disclose to dealers, after written
request, the total number of new motorcycles of a given
model which the manufacturer, franchisor, or distributor has
sold during the current model year within the dealer’s
marketing district, zone, or region;
(10) To refuse or fail to deliver any motorcycle, part, or
accessory in reasonable quantities, and within a reasonable
time after receipt of the order from the dealer, that is
specifically advertised as being immediately available. It is
not a prohibited trade practice when the failure to deliver is
caused by an act of God, strike, material shortage, or other
cause over which the manufacturer, distributor, or franchisor
has no control;
(11) To offer a renewal, replacement, or succeeding
franchise containing terms substantially modifying the sales
and service obligations or capital requirements of the
motorcycle dealer, other than as provided for in this chapter;
(12) To sell or lease or offer to sell or lease to a dealer
a new motorcycle, including any motorcycle under a sales
promotion plan, at a lower price than offered or sold to
another similarly situated dealer for the same model, except
where the dealer is offered, sold, or leased a new motorcycle
at a discount in exchange for providing valuable services to
the franchisor, manufacturer, or distributor and except in
those instances where a dealer orders motorcycles in sufficient numbers to qualify for volume discounts and as long as
discounts are available to all dealers;
(13) To prevent, attempt to prevent, or unreasonably
disapprove any motorcycle dealer from changing executive
management control of the dealer’s motorcycle business, unless the change results in control by a person not of good
moral character or who does not meet the manufacturer,
distributor, or franchisor’s existing and reasonable, written,
and uniformly applied capital standards. The dealer shall be
given written notice of the reasons for rejection within thirty
days of receipt of notice from the dealer of a proposed
change;
(2002 Ed.)
46.94.020
(14) To reject, prevent, or attempt to prevent any person
from selling or transferring a controlling interest to any other
person unless the buyer or transferee does not qualify under
appropriate state law as a licensed dealer, is not of good
moral character, does not meet the manufacturer, distributor,
or franchisor’s existing and reasonable, written, and uniformly applied capital standards, or does not meet the written and
uniformly applied manufacturer, distributor, or franchisor
business experience standards for the market area. The
dealer shall be given written notice setting forth the reasons
for rejection of the proposed sale or transfer within thirty
days of notice by the dealer of the sale or transfer;
(15) To fail to hold harmless and indemnify any
motorcycle dealer against losses, including lawsuits and court
costs, arising from: (a) The manufacture or performance of
any motorcycle, part, or accessory if the lawsuit involves
representations by the manufacturer, distributor, or franchisor
on the manufacture or performance of a motorcycle without
negligence on the part of the motorcycle dealer; (b) damage
to merchandise in transit where the manufacturer, distributor,
or franchisor specifies the carrier; (c) the manufacturer,
distributor, or franchisor’s failure to jointly defend product
liability suits concerning the motorcycle, part, or accessory
provided to the dealer; or (d) any other act performed by the
manufacturer, distributor, or franchisor;
(16) To unfairly prevent or attempt to prevent a motorcycle dealer from receiving reasonable compensation for the
value of a motorcycle;
(17) To release confidential information provided by the
motorcycle dealer to the manufacturer, distributor, or
franchisor without the written prior consent of the dealer;
(18) To fail to pay to a motorcycle dealer, within a
reasonable time following receipt of a valid claim, any
payment agreed to be made by the manufacturer, distributor,
or franchisor on grounds that a new motorcycle, or a prior
year’s model, is in the dealer’s inventory at the time of
introduction of new model motorcycles;
(19) To deny any dealer the right of free association
with any other dealer for any lawful purpose;
(20) To artificially and intentionally create a shortage of
any motorcycle make, model, or series that results in the
inequitable distribution of the make, model, or series to
dealers;
(21) To charge increased prices without having given
written notice to the dealers at least fifteen days prior to the
effective date of the price increases;
(22) To permit factory authorized warranty service to be
performed upon motorcycles or accessories by persons other
than their franchised motorcycle dealers;
(23) To unreasonably interfere with a dealer’s performance under the franchise agreement’s sale quota by
withholding sufficient deliveries of motorcycles; or
(24) To own, operate, or control any motorcycle dealer
or place of business selling at retail in the state. [1985 c
472 § 4.]
Reviser’s note: See note at beginning of chapter digest.
46.94.030 Succession to business by designated
family member. (1) The manufacturer, distributor, or
franchisor shall not prevent, attempt to prevent, refuse to
give effect to, attempt to refuse to give effect to, or in any
[Title 46 RCW—page 299]
46.94.030
Title 46 RCW: Motor Vehicles
way hinder the succession to the ownership, management,
control, or continuance of a dealer’s motorcycle business by
a designated family member upon the death or incapacity of
the dealer, except as otherwise provided in this chapter.
(2) A designated family member, at his or her discretion, may succeed the dealer in ownership or management
control under the existing agreement. The designated family
member shall provide notice to the franchisor, in writing, of
the intention to succeed to the franchise within one hundred
twenty days after the dealer’s death or incapacity. The
designated family member shall agree to be bound by the
terms of the original franchise. The designated family member shall meet the reasonable, written, and uniformly applied
conditions applied by the franchisor under the existing
franchise.
(3) A designated family member may only be rejected
for succession on reasonable grounds. The franchisor shall
provide written notice to the designated family member
within sixty days of receipt of notice of the intention to
succeed. The notice shall state the specific grounds for
refusal, termination, or nonrenewal of the franchise and shall
not take effect less than ninety days after receipt of the
notice by the designated family member. If notice is not
served within the designated time period, the franchise shall
continue in effect with the designated family member.
(4) The designated family member may appeal to the
appropriate court within ninety days of receipt of notice of
refusal, termination, or nonrenewal. The franchisor has the
burden of proving reasonable grounds. A designated family
member prevailing in such action shall recover reasonable
costs and attorney’s fees.
(5) A dealer may designate any person as the recipient
of the franchise by making a notarized statement in accordance with RCW 46.94.010(2). The statement shall be filed
with the franchisor. The statement shall be controlling and
binding on all heirs and testamentary successors. The
recipient shall agree to be bound by the terms of the original
franchise. The recipient shall meet the reasonable, written,
and uniformly applied conditions applied by the franchisor
under the existing franchise. [1985 c 472 § 5.]
Reviser’s note: See note at beginning of chapter digest.
46.94.040 Compensation for warranty, delivery,
preparation expenses. (1) The manufacturer, distributor, or
franchisor shall compensate the dealer for labor, parts, and
other expenses incurred to comply with the manufacturer,
distributor, or franchisor’s warranty agreements, and for
work and services performed in connection with delivery and
preparation of motorcycles received from the manufacturer,
distributor, or franchisor. The compensation shall not be less
than the rates reasonably charged by the dealer for like
services and parts to retail customers.
(2) All claims for compensation made by the dealer
shall be paid within thirty days after approval and shall be
approved or disapproved within thirty days of their receipt
by the manufacturer, distributor, or franchisor.
Any denial of claim shall be in writing and shall set
forth the specific grounds for denial.
(3) A claim that has been approved and paid shall not
be charged back to the dealer unless it is established the
claim was false or fraudulent, that the repairs were not
[Title 46 RCW—page 300]
properly made or were unnecessary to correct the defective
condition, or the dealer failed to reasonably substantiate the
claim. [1985 c 472 § 8.]
Reviser’s note: See note at beginning of chapter digest.
46.94.050 Prohibited financial practices. No
manufacturer, distributor, or franchisor shall require or
coerce any dealer to sell, assign, or transfer a retail sales
installment contract, or require the dealer to act as an agent
for any manufacturer, distributor, or franchisor in the
securing of a promissory note, a security agreement given in
connection with the sale of a motorcycle, or securing of a
policy of insurance for a motorcycle. The manufacturer,
distributor, or franchisor may not condition delivery of
motorcycles, parts, or accessories upon the dealer’s assignment, sale, or other transfer of sales installment contracts to
specific finance companies. [1985 c 472 § 9.]
46.94.060 Civil remedies. Any person injured by a
violation of this chapter may bring a civil action in a court
of competent jurisdiction to enjoin further violations or to
recover damages. Injunctive relief may be granted in an
action brought under this chapter without the dealer being required to post a bond if, in the opinion of the court, there
exists a likelihood the dealer may prevail upon the merits.
[1985 c 472 § 10.]
Reviser’s note: See note at beginning of chapter digest.
46.94.900 Severability—1985 c 472. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 472 § 14.]
Chapter 46.96
MANUFACTURERS’ AND DEALERS’
FRANCHISE AGREEMENTS
Sections
46.96.010
46.96.020
46.96.030
46.96.040
46.96.050
46.96.060
46.96.070
46.96.080
46.96.090
46.96.100
46.96.105
46.96.110
46.96.140
46.96.150
46.96.160
46.96.170
46.96.180
46.96.185
46.96.190
46.96.200
46.96.210
Legislative findings.
Definitions.
Termination, cancellation, nonrenewal of franchise restricted.
Determination of good cause, good faith—Petition, notice,
decision, appeal.
Determination of good cause, good faith—Hearing, decision,
procedures—Judicial review.
Good cause, what constitutes—Burden of proof.
Notice of termination, cancellation, or nonrenewal.
Payments by manufacturer to dealer for inventory, equipment, etc.
Payments by manufacturer for dealership facilities.
Mitigation of damages.
Warranty work.
Designated successor to franchise ownership.
Relevant market area—Definition—New or relocated dealerships, notice of.
Protest of new or relocated dealership—Hearing—
Arbitration.
Factors considered by administrative law judge.
Hearing—Procedures, costs, appeal.
Exceptions.
Unfair practices.
Prohibited practices by manufacturer.
Sale, transfer, or exchange of franchise.
Petition and hearing—Filing fee, costs, security.
(2002 Ed.)
Manufacturers’ and Dealers’ Franchise Agreements
46.96.900
Severability—1989 c 415.
46.96.010 Legislative findings. The legislature finds
and declares that the distribution and sale of motor vehicles
in this state vitally affect the general economy of the state
and the public interest and public welfare, that provision for
warranty service to motor vehicles is of substantial concern
to the people of this state, that the maintenance of fair
competition among dealers and others is in the public
interest, and that the maintenance of strong and sound
dealerships is essential to provide continuing and necessary
reliable services to the consuming public in this state and to
provide stable employment to the citizens of this state. The
legislature further finds that there is a substantial disparity in
bargaining power between automobile manufacturers and
their dealers, and that in order to promote the public interest
and the public welfare, and in the exercise of its police
power, it is necessary to regulate the relationship between
motor vehicle dealers and motor vehicle manufacturers,
importers, distributors, and their representatives doing
business in this state, not only for the protection of dealers
but also for the benefit for the public in assuring the continued availability and servicing of automobiles sold to the
public.
The legislature recognizes it is in the best interest for
manufacturers and dealers of motor vehicles to conduct
business with each other in a fair, efficient, and competitive
manner. The legislature declares the public interest is best
served by dealers being assured of the ability to manage
their business enterprises under a contractual obligation with
manufacturers where dealers do not experience unreasonable
interference and are assured of the ability to transfer ownership of their business without undue constraints. It is the
intent of the legislature to impose a regulatory scheme and
to regulate competition in the motor vehicle industry to the
extent necessary to balance fairness and efficiency. These
actions will permit motor vehicle dealers to better serve
consumers and allow dealers to devote their best competitive
efforts and resources to the sale and services of the
manufacturer’s products to consumers. [1989 c 415 § 1.]
46.96.020 Definitions. In addition to the definitions
contained in RCW 46.70.011, which are incorporated by
reference into this chapter, the definitions set forth in this
section apply only for the purposes of this chapter.
(1) A "new motor vehicle" is a vehicle that has not been
titled by a state and ownership of which may be transferred
on a manufacturer’s statement of origin (MSO).
(2) "New motor vehicle dealer" means a motor vehicle
dealer engaged in the business of buying, selling, exchanging, or otherwise dealing in new motor vehicles or new and
used motor vehicles at an established place of business,
under a franchise, sales and service agreement, or contract
with the manufacturer of the new motor vehicles. However,
the term "new motor vehicle dealer" does not include a
miscellaneous vehicle dealer as defined in RCW
46.70.011(3)(c) or a motorcycle dealer as defined in chapter
46.94 RCW.
(3) "Franchise" means one or more agreements, whether
oral or written, between a manufacturer and a new motor
vehicle dealer, under which the new motor vehicle dealer is
(2002 Ed.)
Chapter 46.96
authorized to sell, service, and repair new motor vehicles,
parts, and accessories under a common name, trade name,
trademark, or service mark of the manufacturer.
"Franchise" includes an oral or written contract and
includes a dealer agreement, either expressed or implied,
between a manufacturer and a new motor vehicle dealer that
purports to fix the legal rights and liabilities between the
parties and under which (a) the dealer is granted the right to
purchase and resell motor vehicles manufactured, distributed,
or imported by the manufacturer; (b) the dealer’s business is
associated with the trademark, trade name, commercial
symbol, or advertisement designating the franchisor or the
products distributed by the manufacturer; and (c) the dealer’s
business relies on the manufacturer for a continued supply of
motor vehicles, parts, and accessories.
(4) "Good faith" means honesty in fact and fair dealing
in the trade as defined and interpreted in RCW 62A.2-103.
(5) "Designated successor" means:
(a) The spouse, biological or adopted child, grandchild,
parent, brother, or sister of the owner of a new motor vehicle
dealership who, in the case of the owner’s death, is entitled
to inherit the ownership interest in the new motor vehicle
dealership under the terms of the owner’s will or similar
document, and if there is no such will or similar document,
then under applicable intestate laws;
(b) A qualified person experienced in the business of a
new motor vehicle dealer who has been nominated by the
owner of a new motor vehicle dealership as the successor in
a written, notarized, and witnessed instrument submitted to
the manufacturer; or
(c) In the case of an incapacitated owner of a new
motor vehicle dealership, the person who has been appointed
by a court as the legal representative of the incapacitated
owner’s property.
(6) "Owner" means a person holding an ownership
interest in the business entity operating as a new motor
vehicle dealer and who is the designated dealer in the new
motor vehicle franchise agreement.
(7) "Person" means every natural person, partnership,
corporation, association, trust, estate, or any other legal
entity. [1989 c 415 § 2.]
46.96.030 Termination, cancellation, nonrenewal of
franchise restricted. Notwithstanding the terms of a
franchise and notwithstanding the terms of a waiver, no
manufacturer may terminate, cancel, or fail to renew a franchise with a new motor vehicle dealer, unless the manufacturer has complied with the notice requirements of RCW
46.96.070 and an administrative law judge has determined,
if requested in writing by the new motor vehicle dealer
within the applicable time period specified in RCW
46.96.070 (1), (2), or (3), after hearing, that there is good
cause for the termination, cancellation, or nonrenewal of the
franchise and that the manufacturer has acted in good faith,
as defined in this chapter, regarding the termination,
cancellation, or nonrenewal. [1989 c 415 § 3.]
46.96.040 Determination of good cause, good
faith—Petition, notice, decision, appeal. A new motor
vehicle dealer who has received written notification from the
manufacturer of the manufacturer’s intent to terminate,
[Title 46 RCW—page 301]
46.96.040
Title 46 RCW: Motor Vehicles
cancel, or not renew the franchise may file a petition with
the department for a determination as to the existence of
good cause and good faith for the termination, cancellation,
or nonrenewal of a franchise. The petition shall contain a
short statement setting forth the reasons for the dealer’s
objection to the termination, cancellation, or nonrenewal of
the franchise. Upon the filing of the petition and the receipt
of the filing fee, the department shall promptly notify the
manufacturer that a timely petition has been filed and shall
request the appointment of an administrative law judge under
chapter 34.12 RCW to conduct a hearing. The franchise in
question shall continue in full force and effect pending the
administrative law judge’s decision. If the decision of the
administrative law judge terminating, canceling, or failing to
renew a dealer’s franchise is appealed by a dealer, the
franchise in question shall continue in full force and effect
until the appeal to superior court is finally determined or
until the expiration of one hundred eighty days from the date
of issuance of the administrative law judge’s written decision, whichever is less. Nothing in this section precludes a
manufacturer or dealer from petitioning the superior court for
a stay or other relief pending judicial review. [1989 c 415
§ 4.]
46.96.050 Determination of good cause, good
faith—Hearing, decision, procedures—Judicial review.
(1) The administrative law judge shall conduct the hearing
and render a final decision as expeditiously as possible, but
in any event not later than one hundred eighty days after a
petition is filed. If the termination, cancellation, or
nonrenewal is under RCW 46.96.070(2), the administrative
law judge shall give the proceeding priority consideration
and shall render a final decision not later than sixty days
after a petition is filed.
(2) The administrative law judge shall conduct the
hearing as an adjudicative proceeding in accordance with the
procedures provided for in the Administrative Procedure Act,
chapter 34.05 RCW. The administrative law judge shall
render the final decision and shall enter a final order.
Except as otherwise provided in RCW 34.05.446 and
34.05.449, all hearing costs shall be borne on an equal basis
by the parties to the hearing.
(3) A party to a hearing under this chapter may be
represented by counsel. A party to a hearing aggrieved by
the final order of the administrative law judge concerning the
termination, cancellation, or nonrenewal of a franchise may
seek judicial review of the order in the superior court in the
manner provided for in RCW 34.05.510 through 34.05.598.
A petitioner for judicial review need not exhaust all administrative appeals or administrative review processes as a prerequisite for seeking judicial review under this section.
[1989 c 415 § 5.]
46.96.060 Good cause, what constitutes—Burden of
proof. (1) Notwithstanding the terms of a franchise or the
terms of a waiver, and except as otherwise provided in RCW
46.96.070(2) (a) through (d), good cause exists for termination, cancellation, or nonrenewal when there is a failure by
the new motor vehicle dealer to comply with a provision of
the franchise that is both reasonable and of material significance to the franchise relationship, if the new motor vehicle
[Title 46 RCW—page 302]
dealer was notified of the failure within one hundred eighty
days after the manufacturer first acquired knowledge of the
failure and the new motor vehicle dealer did not correct the
failure after being requested to do so.
If, however, the failure of the new motor vehicle dealer
relates to the performance of the new motor vehicle dealer
in sales, service, or level of customer satisfaction, good
cause is the failure of the new motor vehicle dealer to
comply with reasonable performance standards determined
by the manufacturer in accordance with uniformly applied
criteria, and:
(a) The new motor vehicle dealer was advised, in
writing, by the manufacturer of the failure;
(b) The notice under this subsection stated that notice
was provided of a failure of performance under this section;
(c) The manufacturer provided the new motor vehicle
dealer with specific, reasonable goals or reasonable performance standards with which the dealer must comply, together with a suggested timetable or program for attaining
those goals or standards, and the new motor vehicle dealer
was given a reasonable opportunity, for a period not less
than one hundred eighty days, to comply with the goals or
standards; and
(d) The new motor vehicle dealer did not substantially
comply with the manufacturer’s performance standards
during that period and the failure to demonstrate substantial
compliance was not due to market or economic factors
within the new motor vehicle dealer’s relevant market area
that were beyond the control of the dealer.
(2) The manufacturer has the burden of proof of
establishing good cause and good faith for the termination,
cancellation, or nonrenewal of the franchise under this
section. [1989 c 415 § 6.]
46.96.070 Notice of termination, cancellation, or
nonrenewal. Before the termination, cancellation, or
nonrenewal of a franchise, the manufacturer shall give
written notification to both the department and the new
motor vehicle dealer. The notice shall be by certified mail
or personally delivered to the new motor vehicle dealer and
shall state the intention to terminate, cancel, or not renew the
franchise, the reasons for the termination, cancellation, or
nonrenewal, and the effective date of the termination,
cancellation, or nonrenewal. The notice shall be given:
(1) Not less than ninety days before the effective date
of the termination, cancellation, or nonrenewal;
(2) Not less than fifteen days before the effective date
of the termination, cancellation, or nonrenewal with respect
to any of the following that constitute good cause for
termination, cancellation, or nonrenewal:
(a) Insolvency of the new motor vehicle dealer or the
filing of any petition by or against the new motor vehicle
dealer under bankruptcy or receivership law;
(b) Failure of the new motor vehicle dealer to conduct
sales and service operations during customary business hours
for seven consecutive business days, except for acts of God
or circumstances beyond the direct control of the new motor
vehicle dealer;
(c) Conviction of the new motor vehicle dealer, or
principal operator of the dealership, of a felony punishable
by imprisonment; or
(2002 Ed.)
Manufacturers’ and Dealers’ Franchise Agreements
(d) Suspension or revocation of a license that the new
motor vehicle dealer is required to have to operate the new
motor vehicle dealership where the suspension or revocation
is for a period in excess of thirty days;
(3) Not less than one hundred eighty days before the
effective date of termination, cancellation, or nonrenewal,
where the manufacturer intends to discontinue sale and
distribution of the new motor vehicle line. [1989 c 415 § 7.]
46.96.080 Payments by manufacturer to dealer for
inventory, equipment, etc. (1) Upon the termination,
cancellation, or nonrenewal of a franchise by the manufacturer under this chapter, the manufacturer shall pay the new
motor vehicle dealer, at a minimum:
(a) Dealer cost plus any charges by the manufacturer for
distribution, delivery, and taxes, less all allowances paid or
credited to the dealer by the manufacturer, of unused,
undamaged, and unsold new motor vehicles in the new
motor vehicle dealer’s inventory that were acquired from the
manufacturer or another new motor vehicle dealer of the
same line make within the previous twelve months;
(b) Dealer cost for all unused, undamaged, and unsold
supplies, parts, and accessories in original packaging, except
that in the case of sheet metal, a comparable substitute for
original packaging may be used, if the supply, part, or
accessory was acquired from the manufacturer or from
another new motor vehicle dealer ceasing operations as a
part of the new motor vehicle dealer’s initial inventory as
long as the supplies, parts, and accessories appear in the
manufacturer’s current parts catalog, list, or current offering;
(c) Dealer cost for all unused, undamaged, and unsold
inventory, whether vehicles, parts, or accessories, the
purchase of which was required by the manufacturer;
(d) The fair market value of each undamaged sign
owned by the new motor vehicle dealer that bears a common
name, trade name, or trademark of the manufacturer, if
acquisition of the sign was recommended or required by the
manufacturer and the sign is in good and usable condition
less reasonable wear and tear, and has not been depreciated
by the dealer more than fifty percent of the value of the
sign;
(e) The fair market value of all equipment, furnishings,
and special tools owned or leased by the new motor vehicle
dealer that were acquired from the manufacturer or sources
approved by the manufacturer and that were recommended
or required by the manufacturer and are in good and usable
condition, less reasonable wear and tear. However, if the
equipment, furnishings, or tools are leased by the new motor
vehicle dealer, the manufacturer shall pay the new motor
vehicle dealer such amounts that are required by the lessor
to terminate the lease under the terms of the lease agreement; and
(f) The cost of transporting, handling, packing, and
loading of new motor vehicles, supplies, parts, accessories,
signs, special tools, equipment, and furnishings.
To the extent the franchise agreement provides for
payment or reimbursement to the new motor vehicle dealer
in excess of that specified in this section, the provisions of
the franchise agreement shall control.
(2) The manufacturer shall pay the new motor vehicle
dealer the sums specified in subsection (1) of this section
(2002 Ed.)
46.96.070
within ninety days after the tender of the property, if the
new motor vehicle dealer has clear title to the property and
is in a position to convey that title to the manufacturer.
[1989 c 415 § 8.]
46.96.090 Payments by manufacturer for dealership
facilities. (1) In the event of a termination, cancellation, or
nonrenewal under this chapter, except for termination,
cancellation, or nonrenewal under RCW 46.96.070(2), the
manufacturer shall, at the request and option of the new
motor vehicle dealer, also pay to the new motor vehicle
dealer:
(a) A sum equivalent to rent for the unexpired term of
the lease or one year, whichever is less, or such longer term
as provided in the franchise, if the new motor vehicle dealer
is leasing the new motor vehicle dealership facilities from a
lessor other than the manufacturer; or
(b) A sum equivalent to the reasonable rental value of
the new motor vehicle dealership facilities for one year or
until the facilities are leased or sold, whichever is less, if the
new motor vehicle dealer owns the new motor vehicle
dealership facilities.
(2) The rental payment required under subsection (1) of
this section is only required to the extent that the facilities
were used for activities under the franchise and only to the
extent the facilities were not leased for unrelated purposes.
If payment under subsection (1) of this section is made, the
manufacturer is entitled to possession and use of the new
motor vehicle dealership facilities for the period rent is paid.
[1989 c 415 § 9.]
46.96.100 Mitigation of damages. RCW 46.96.030
through 46.96.090 do not relieve a new motor vehicle dealer
from the obligation to mitigate the dealer’s damages upon
termination, cancellation, or nonrenewal of the franchise.
[1989 c 415 § 10.]
46.96.105 Warranty work. (1) Each manufacturer
shall specify in its franchise agreement, or in a separate
written agreement, with each of its dealers licensed in this
state, the dealer’s obligation to perform warranty work or
service on the manufacturer’s products. Each manufacturer
shall provide each of its dealers with a schedule of compensation to be paid to the dealer for any warranty work or
service, including parts, labor, and diagnostic work, required
of the dealer by the manufacturer in connection with the
manufacturer’s products.
(2) All claims for warranty work for parts and labor
made by dealers under this section shall be paid by the
manufacturer within thirty days following receipt, provided
the claim has been approved by the manufacturer. The
manufacturer has the right to audit claims for warranty work
and to charge the dealer for any unsubstantiated, incorrect,
or false claims for a period of one year following payment.
However, the manufacturer may audit and charge the dealer
for any fraudulent claims during any period for which an
action for fraud may be commenced under applicable state
law.
(3) All claims submitted by dealers on the forms and in
the manner specified by the manufacturer shall be either
approved or disapproved within thirty days following their
[Title 46 RCW—page 303]
46.96.105
Title 46 RCW: Motor Vehicles
receipt. The manufacturer shall notify the dealer in writing
of any disapproved claim, and shall set forth the reasons
why the claim was not approved. Any claim not specifically
disapproved in writing within thirty days following receipt
is approved, and the manufacturer is required to pay that
claim within thirty days of receipt of the claim. [1998 c 298
§ 1.]
Severability—1998 c 298: See note following RCW 19.118.021.
46.96.110 Designated successor to franchise ownership. (1) Notwithstanding the terms of a franchise, an owner
may appoint a designated successor to succeed to the
ownership of the new motor vehicle dealer franchise upon
the owner’s death or incapacity.
(2) Notwithstanding the terms of a franchise, a designated successor of a deceased or incapacitated owner of a new
motor vehicle dealer franchise may succeed to the ownership
interest of the owner under the existing franchise, if:
(a) In the case of a designated successor who meets the
definition of a designated successor under RCW
46.96.020(5)(a), but who is not experienced in the business
of a new motor vehicle dealer, the person will employ an
individual who is qualified and experienced in the business
of a new motor vehicle dealer to help manage the day-to-day
operations of the motor vehicle dealership; or in the case of
a designated successor who meets the definition of a
designated successor under RCW 46.96.020(5) (b) or (c), the
person is qualified and experienced in the business of a new
motor vehicle dealer and meets the normal, reasonable, and
uniformly applied standards for grant of an application as a
new motor vehicle dealer by the manufacturer; and
(b) The designated successor furnishes written notice to
the manufacturer of his or her intention to succeed to the
ownership of the new motor vehicle dealership within sixty
days after the owner’s death or incapacity; and
(c) The designated successor agrees to be bound by all
terms and conditions of the franchise.
(3) The manufacturer may request, and the designated
successor shall promptly provide, such personal and financial
information as is reasonably necessary to determine whether
the succession should be honored.
(4) A manufacturer may refuse to honor the succession
to the ownership of a new motor vehicle dealer franchise by
a designated successor if the manufacturer establishes that
good cause exists for its refusal to honor the succession. If
the designated successor of a deceased or incapacitated
owner of a new motor vehicle dealer franchise fails to meet
the requirements set forth in subsections (2)(a), (b), and (c)
of this section, good cause for refusing to honor the succession is presumed to exist. If a manufacturer believes that
good cause exists for refusing to honor the succession to the
ownership of a new motor vehicle dealer franchise by a
designated successor, the manufacturer shall serve written
notice on the designated successor and on the department of
its refusal to honor the succession no earlier than sixty days
from the date the notice is served. The notice must be
served not later than sixty days after the manufacturer’s
receipt of:
(a) Notice of the designated successor’s intent to
succeed to the ownership interest of the new motor vehicle
dealer’s franchise; or
[Title 46 RCW—page 304]
(b) Any personal or financial information requested by
the manufacturer.
(5) The notice in subsection (4) of this section shall
state the specific grounds for the refusal to honor the
succession. If the notice of refusal is not timely and
properly served, the designated successor may continue the
franchise in full force and effect, subject to termination only
as otherwise provided under this chapter.
(6) Within twenty days after receipt of the notice or
within twenty days after the end of any appeal procedure
provided by the manufacturer, whichever is greater, the
designated successor may file a petition with the department
protesting the refusal to honor the succession. The petition
shall contain a short statement setting forth the reasons for
the designated successor’s protest. Upon the filing of a
protest and the receipt of the filing fee, the department shall
promptly notify the manufacturer that a timely protest has
been filed and shall request the appointment of an administrative law judge under chapter 34.12 RCW to conduct a
hearing. The manufacturer shall not terminate or otherwise
discontinue the existing franchise until the administrative law
judge has held a hearing and has determined that there is
good cause for refusing to honor the succession. If an
appeal is taken, the manufacturer shall not terminate or
discontinue the franchise until the appeal to superior court is
finally determined or until the expiration of one hundred
eighty days from the date of issuance of the administrative
law judge’s written decision, whichever is less. Nothing in
this section precludes a manufacturer or dealer from petitioning the superior court for a stay or other relief pending
judicial review.
(7) The manufacturer has the burden of proof to show
that good cause exists for the refusal to honor the succession.
(8) The administrative law judge shall conduct the
hearing and render a final decision as expeditiously as
possible, but in any event not later than one hundred eighty
days after a protest is filed.
(9) The administrative law judge shall conduct any
hearing concerning the refusal to the succession as provided
in RCW 46.96.050(2) and all hearing costs shall be borne as
provided in that subsection. A party to such a hearing
aggrieved by the final order of the administrative law judge
may appeal as provided and allowed in RCW 46.96.050(3).
(10) This section does not preclude the owner of a new
motor vehicle dealer franchise from designating any person
as his or her successor by a written, notarized, and witnessed
instrument filed with the manufacturer. In the event of a
conflict between such a written instrument that has not been
revoked by written notice from the owner to the manufacturer and this section, the written instrument governs. [1989 c
415 § 11.]
46.96.140 Relevant market area—Definition—New
or relocated dealerships, notice of. (1) For the purposes of
this section, and throughout this chapter, the term "relevant
market area" is defined as follows:
(a) If the population in the county in which the proposed new or relocated dealership is to be located is four
hundred thousand or more, the relevant market area is the
(2002 Ed.)
Manufacturers’ and Dealers’ Franchise Agreements
geographic area within a radius of eight miles around the
proposed site;
(b) If the population in the county in which the proposed new or relocated dealership is to be located is two
hundred thousand or more and less than four hundred
thousand, the relevant market area is the geographic area
within a radius of twelve miles around the proposed site;
(c) If the population in the county in which the proposed new or relocated dealership is to be located is less
than two hundred thousand, the relevant market area is the
geographic area within a radius of sixteen miles around the
proposed site.
In determining population for this definition, the most recent
census by the United States Bureau of Census or the most
recent population update, either from the National Planning
Data Corporation or other similar recognized source, shall be
accumulated for all census tracts either wholly or partially
within the relevant market area.
(2) For the purpose of RCW 46.96.140 through
46.96.180, the term "motor vehicle dealer" does not include
dealerships who exclusively market vehicles 19,000 pounds
gross vehicle weight and above.
(3) Notwithstanding the terms of a franchise and
notwithstanding the terms of a waiver, if a manufacturer
intends or proposes to enter into a franchise to establish an
additional new motor vehicle dealer or to relocate an existing
new motor vehicle dealer within or into a relevant market
area in which the same line make of motor vehicle is then
represented, the manufacturer shall provide at least sixty
days advance written notice to the department and to each
new motor vehicle dealer of the same line make in the
relevant market area, of the manufacturer’s intention to
establish an additional new motor vehicle dealer or to
relocate an existing new motor vehicle dealer within or into
the relevant market area. The notice shall be sent by
certified mail to each such party and shall include the
following information:
(a) The specific location at which the additional or
relocated motor vehicle dealer will be established;
(b) The date on or after which the additional or relocated motor vehicle dealer intends to commence business at the
proposed location;
(c) The identity of all motor vehicle dealers who are
franchised to sell the same line make vehicles as the proposed dealer and who have licensed locations within the
relevant market area;
(d) The names and addresses, if available, of the owners
of and principal investors in the proposed additional or
relocated motor vehicle dealership; and
(e) The specific grounds or reasons for the proposed
establishment of an additional motor vehicle dealer or
relocation of an existing dealer. [1994 c 274 § 1.]
46.96.150 Protest of new or relocated dealership—
Hearing—Arbitration. (1) Within thirty days after receipt
of the notice under RCW 46.96.140, or within thirty days
after the end of an appeal procedure provided by the
manufacturer, whichever is greater, a new motor vehicle
dealer so notified or entitled to notice may file a petition
with the department protesting the proposed establishment or
relocation. The petition shall contain a short statement
(2002 Ed.)
46.96.140
setting forth the reasons for the dealer’s objection to the
proposed establishment or relocation. Upon the filing of a
protest and the receipt of the filing fee, the department shall
promptly notify the manufacturer that a timely protest has
been filed and shall request the appointment of an administrative law judge under chapter 34.12 RCW to conduct a
hearing. The manufacturer shall not establish or relocate the
new motor vehicle dealer until the administrative law judge
has held a hearing and has determined that there is good
cause for permitting the proposed establishment or relocation. When more than one protest is filed against the
establishment or relocation of the same dealer, the administrative law judge shall consolidate the hearings to expedite
disposition of the matter.
(2) If a manufacturer provides in the franchise agreement or by written statement distributed and provided to its
dealers for arbitration under the Washington Arbitration Act,
chapter 7.04 RCW, as a mechanism for resolving disputes
relating to the establishment of an additional new motor
vehicle dealer or the relocation of a new motor vehicle
dealer, then the provisions of this section and RCW
46.96.170 relating to hearings by an administrative law judge
do not apply, and a dispute regarding the establishment of an
additional new motor vehicle dealer or the relocation of an
existing new motor vehicle dealer shall be determined in an
arbitration proceeding conducted in accordance with the
Washington Arbitration Act, chapter 7.04 RCW. The thirtyday period for filing a protest under this section still applies
except that the protesting dealer shall file his protest with the
manufacturer within thirty days after receipt of the notice
under RCW 46.96.140.
(3) The dispute shall be referred for arbitration to such
arbitrator as may be agreed upon by the parties to the
dispute. If the parties cannot agree upon a single arbitrator
within thirty days from the date the protest is filed, the
protesting dealer will select an arbitrator, the manufacturer
will select an arbitrator, and the two arbitrators will then
select a third. If a third arbitrator is not agreed upon within
thirty days, any party may apply to the superior court, and
the judge of the superior court having jurisdiction will
appoint the third arbitrator. The protesting dealer will pay
the arbitrator selected by him, and the manufacturer will pay
the arbitrator it selected. The expense of the third arbitrator
and all other expenses of arbitration will be shared equally
by the parties. Attorneys’ fees and fees paid to expert
witnesses are not expenses of arbitration and will be paid by
the person incurring them.
(4) Notwithstanding the terms of a franchise or written
statement of the manufacturer and notwithstanding the terms
of a waiver, the arbitration will take place in the state of
Washington in the county where the protesting dealer has his
principal place of business. RCW 46.96.160 applies to a
determination made by the arbitrator or arbitrators in
determining whether good cause exists for permitting the
proposed establishment or relocation of a new motor vehicle
dealer, and the manufacturer has the burden of proof to
establish that good cause exists for permitting the proposed
establishment or relocation. After a hearing has been held,
the arbitrator or arbitrators shall render a decision as expeditiously as possible, but in any event not later than one
hundred twenty days from the date the arbitrator or arbitrators are selected or appointed. The manufacturer shall not
[Title 46 RCW—page 305]
46.96.150
Title 46 RCW: Motor Vehicles
establish or relocate the new motor vehicle dealer until the
arbitration hearing has been held and the arbitrator or
arbitrators have determined that there is good cause for
permitting the proposed establishment or relocation. The
written decision of the arbitrator is binding upon the parties
unless modified, corrected, or vacated under the Washington
Arbitration Act. Any party may appeal the decision of the
arbitrator under the Washington Arbitration Act, chapter 7.04
RCW.
(5) If the franchise agreement or the manufacturer’s
written statement distributed and provided to its dealers does
not provide for arbitration under the Washington Arbitration
Act as a mechanism for resolving disputes relating to the
establishment of an additional new motor vehicle dealer or
the relocation of a new motor vehicle dealer, then the
hearing provisions of this section and RCW 46.96.170 apply.
Nothing in this section is intended to preclude a new motor
vehicle dealer from electing to use any other dispute resolution mechanism offered by a manufacturer. [1994 c 274 §
2.]
46.96.160 Factors considered by administrative law
judge. In determining whether good cause exists for
permitting the proposed establishment or relocation of a new
motor vehicle dealer of the same line make, the administrative law judge shall take into consideration the existing
circumstances, including, but not limited to:
(1) The extent, nature, and permanency of the investment of both the existing motor vehicle dealers of the same
line make in the relevant market area and the proposed
additional or relocating new motor vehicle dealer, including
obligations reasonably incurred by the existing dealers to
perform their obligations under their respective franchises;
(2) The growth or decline in population and new motor
vehicle registrations during the past five years in the relevant
market area;
(3) The effect on the consuming public in the relevant
market area;
(4) The effect on the existing new motor vehicle dealers
in the relevant market area, including any adverse financial
impact;
(5) The reasonably expected or anticipated vehicle
market for the relevant market area, including demographic
factors such as age of population, income, education, size
class preference, product popularity, retail lease transactions,
or other factors affecting sales to consumers in the relevant
market area;
(6) Whether it is injurious or beneficial to the public
welfare for an additional new motor vehicle dealer to be
established;
(7) Whether the new motor vehicle dealers of the same
line make in the relevant market area are providing adequate
competition and convenient customer care for the motor
vehicles of the same line make in the relevant market area,
including the adequacy of motor vehicle sales and service
facilities, equipment, supply of vehicle parts, and qualified
service personnel;
(8) Whether the establishment of an additional new
motor vehicle dealer would increase competition and be in
the public interest;
[Title 46 RCW—page 306]
(9) Whether the manufacturer is motivated principally
by good faith to establish an additional or new motor vehicle
dealer and not by noneconomic considerations;
(10) Whether the manufacturer has denied its existing
new motor vehicle dealers of the same line make the
opportunity for reasonable growth, market expansion, establishment of a subagency, or relocation;
(11) Whether the protesting dealer or dealers are in
substantial compliance with their dealer agreements or
franchises; and
(12) Whether the manufacturer has complied with the
requirements of RCW 46.96.140 and 46.96.150.
In considering the factors set forth in this section, the
administrative law judge shall give the factors equal weight,
and in making a determination as to whether good cause
exists for permitting the proposed establishment or relocation
of a new motor vehicle dealer of the same line make, the
administrative law judge must find that at least nine of the
factors set forth in this section weigh in favor of the manufacturer and in favor of the proposed establishment or relocation of a new motor vehicle dealer. [1994 c 274 § 3.]
46.96.170 Hearing—Procedures, costs, appeal. (1)
The manufacturer has the burden of proof to establish that
good cause exists for permitting the proposed establishment
or relocation.
(2) The administrative law judge shall conduct any
hearing as provided in RCW 46.96.050(2), and all hearing
costs shall be borne as provided in that subsection. The
administrative law judge shall render the final decision as
expeditiously as possible, but in any event not later than one
hundred twenty days after a protest is filed. If more than
one protest is filed, the one hundred twenty days commences
to run from the date the last protest is filed. A party to such
a hearing aggrieved by the final order of the administrative
law judge may appeal as provided and allowed in RCW
46.96.050(3). [1994 c 274 § 4.]
46.96.180 Exceptions. RCW 46.96.140 through
46.96.170 do not apply:
(1) To the sale or transfer of the ownership or assets of
an existing new motor vehicle dealer where the transferee
proposes to engage in business representing the same line
make at the same location or within two miles of that location;
(2) To the relocation of an existing new motor vehicle
dealer within the dealer’s relevant market area, if the
relocation is not at a site within eight miles of any new
motor vehicle dealer of the same line make;
(3) If the proposed new motor vehicle dealer is to be
established at or within two miles of a location at which a
former new motor vehicle dealer of the same line make had
ceased operating within the previous twenty-four months;
(4) Where the proposed relocation is two miles or less
from the existing location of the relocating new motor
vehicle dealer; or
(5) Where the proposed relocation is to be further away
from all other existing new motor vehicle dealers of the
same line make in the relevant market area. [1994 c 274 §
5.]
(2002 Ed.)
Manufacturers’ and Dealers’ Franchise Agreements
46.96.185 Unfair practices. (1) Notwithstanding the
terms of a franchise agreement, a manufacturer, distributor,
factory branch, or factory representative, or an agent, officer,
parent company, wholly or partially owned subsidiary,
affiliated entity, or other person controlled by or under common control with a manufacturer, distributor, factory branch,
or factory representative, shall not:
(a) Discriminate between new motor vehicle dealers by
selling or offering to sell a like vehicle to one dealer at a
lower actual price than the actual price offered to another
dealer for the same model similarly equipped;
(b) Discriminate between new motor vehicle dealers by
selling or offering to sell parts or accessories to one dealer
at a lower actual price than the actual price offered to
another dealer;
(c) Discriminate between new motor vehicle dealers by
using a promotion plan, marketing plan, or other similar
device that results in a lower actual price on vehicles, parts,
or accessories being charged to one dealer over another
dealer;
(d) Discriminate between new motor vehicle dealers by
adopting a method, or changing an existing method, for the
allocation, scheduling, or delivery of new motor vehicles,
parts, or accessories to its dealers that is not fair, reasonable,
and equitable. Upon the request of a dealer, a manufacturer,
distributor, factory branch, or factory representative shall disclose in writing to the dealer the method by which new
motor vehicles, parts, and accessories are allocated, scheduled, or delivered to its dealers handling the same line or
make of vehicles;
(e) Give preferential treatment to some new motor
vehicle dealers over others by refusing or failing to deliver,
in reasonable quantities and within a reasonable time after
receipt of an order, to a dealer holding a franchise for a line
or make of motor vehicles sold or distributed by the manufacturer, distributor, factory branch, or factory representative,
a new vehicle, parts, or accessories, if the vehicle, parts, or
accessories are being delivered to other dealers, or require a
dealer to purchase unreasonable advertising displays or other
materials, or unreasonably require a dealer to remodel or
renovate existing facilities as a prerequisite to receiving a
model or series of vehicles;
(f) Compete with a new motor vehicle dealer by acting
in the capacity of a new motor vehicle dealer, or by owning,
operating, or controlling, whether directly or indirectly, a
motor vehicle dealership in this state. It is not, however, a
violation of this subsection for:
(i) A manufacturer, distributor, factory branch, or
factory representative to own or operate a dealership for a
temporary period, not to exceed two years, during the
transition from one owner of the dealership to another where
the dealership was previously owned by a franchised dealer
and is currently for sale to any qualified independent person
at a fair and reasonable price. The temporary operation may
be extended for one twelve-month period on petition of the
temporary operator to the department. The matter will be
handled as an adjudicative proceeding under chapter 34.05
RCW. A dealer who is a franchisee of the petitioning
manufacturer or distributor may intervene and participate in
a proceeding under this subsection (1)(f)(i). The temporary
operator has the burden of proof to show justification for the
(2002 Ed.)
46.96.185
extension and a good faith effort to sell the dealership to an
independent person at a fair and reasonable price;
(ii) A manufacturer, distributor, factory branch, or
factory representative to own or operate a dealership in
conjunction with an independent person in a bona fide
business relationship for the purpose of broadening the
diversity of its dealer body and enhancing opportunities for
qualified persons who are part of a group who have historically been underrepresented in its dealer body, or other
qualified persons who lack the resources to purchase a
dealership outright, and where the independent person: (A)
Has made a significant, bona fide capital investment in the
dealership that is subject to loss; (B) has an ownership
interest in the dealership; and (C) operates the dealership
under a bona fide written agreement with the manufacturer,
distributor, factory branch, or factory representative under
which he or she will acquire all of the ownership interest in
the dealership within a reasonable period of time and under
reasonable terms and conditions. The manufacturer, distributor, factory branch, or factory representative has the burden
of proof of establishing that the acquisition of the dealership
by the independent person was made within a reasonable
period of time and under reasonable terms and conditions;
(iii) A manufacturer, distributor, factory branch, or
factory representative to own or operate a dealership in
conjunction with an independent person in a bona fide
business relationship where the independent person: (A) Has
made a significant, bona fide capital investment in the
dealership that is subject to loss; (B) has an ownership
interest in the dealership; and (C) operates the dealership
under a bona fide written agreement with the manufacturer,
distributor, factory branch, or factory representative under
which he or she will acquire all of the ownership interest in
the dealership within a reasonable period of time and under
reasonable terms and conditions. The manufacturer, distributor, factory branch, or factory representative has the burden
of proof of establishing that the acquisition of the dealership
by the independent person was made within a reasonable
period of time and under reasonable terms and conditions.
The number of dealerships operated under this subsection
(1)(f)(iii) may not exceed four percent rounded up to the
nearest whole number of a manufacturer’s total of new
motor vehicle dealer franchises in this state;
(iv) A truck manufacturer to own, operate, or control a
new motor vehicle dealership that sells only trucks of that
manufacturer’s line make with a gross vehicle weight rating
of 12,500 pounds or more, and the truck manufacturer has
been continuously engaged in the retail sale of the trucks at
least since January 1, 1993; or
(v) A manufacturer to own, operate, or control a new
motor vehicle dealership trading exclusively in a single line
make of the manufacturer if (A) the manufacturer does not
own, directly or indirectly, in the aggregate, in excess of
forty-five percent of the total ownership interest in the
dealership, (B) at the time the manufacturer first acquires
ownership or assumes operation or control of any such dealership, the distance between any dealership thus owned,
operated, or controlled and the nearest new motor vehicle
dealership trading in the same line make of vehicle and in
which the manufacturer has no ownership or control is not
less than fifteen miles and complies with the applicable
provisions in the relevant market area sections of this
[Title 46 RCW—page 307]
46.96.185
Title 46 RCW: Motor Vehicles
chapter, (C) all of the manufacturer’s franchise agreements
confer rights on the dealer of that line make to develop and
operate within a defined geographic territory or area, as
many dealership facilities as the dealer and the manufacturer
agree are appropriate, and (D) as of January 1, 2000, the
manufacturer had no more than four new motor vehicle
dealers of that manufacturer’s line make in this state, and at
least half of those dealers owned and operated two or more
dealership facilities in the geographic territory or area covered by their franchise agreements with the manufacturer;
(g) Compete with a new motor vehicle dealer by
owning, operating, or controlling, whether directly or
indirectly, a service facility in this state for the repair or
maintenance of motor vehicles under the manufacturer’s new
car warranty and extended warranty. Nothing in this
subsection (1)(g), however, prohibits a manufacturer,
distributor, factory branch, or factory representative from
owning or operating a service facility for the purpose of
providing or performing maintenance, repair, or service work
on motor vehicles that are owned by the manufacturer,
distributor, factory branch, or factory representative;
(h) Use confidential or proprietary information obtained
from a new motor vehicle dealer to unfairly compete with
the dealer. For purposes of this subsection (1)(h), "confidential or proprietary information" means trade secrets as
defined in RCW 19.108.010, business plans, marketing plans
or strategies, customer lists, contracts, sales data, revenues,
or other financial information.
(2) Subsection (1)(a), (b), and (c) of this section do not
apply to sales to a motor vehicle dealer: (a) For resale to a
federal, state, or local government agency; (b) where the
vehicles will be sold or donated for use in a program of
driver’s education; (c) where the sale is made under a
manufacturer’s bona fide promotional program offering sales
incentives or rebates; (d) where the sale of parts or accessories is under a manufacturer’s bona fide quantity discount
program; or (e) where the sale is made under a
manufacturer’s bona fide fleet vehicle discount program.
For purposes of this subsection, "fleet" means a group of
fifteen or more new motor vehicles purchased or leased by
a dealer at one time under a single purchase or lease
agreement for use as part of a fleet, and where the dealer has
been assigned a fleet identifier code by the department of
licensing.
(3) The following definitions apply to this section:
(a) "Actual price" means the price to be paid by the
dealer less any incentive paid by the manufacturer, distributor, factory branch, or factory representative, whether paid to
the dealer or the ultimate purchaser of the vehicle.
(b) "Control" or "controlling" means (i) the possession
of, title to, or control of ten percent or more of the voting
equity interest in a person, whether directly or indirectly
through a fiduciary, agent, or other intermediary, or (ii) the
possession, direct or indirect, of the power to direct or cause
the direction of the management or policies of a person,
whether through the ownership of voting securities, through
director control, by contract, or otherwise, except as expressly provided under the franchise agreement.
(c) "Motor vehicles" does not include trucks that are
14,001 pounds gross vehicle weight and above or recreational vehicles as defined in RCW 43.22.335.
[Title 46 RCW—page 308]
(d) "Operate" means to manage a dealership, whether
directly or indirectly.
(e) "Own" or "ownership" means to hold the beneficial
ownership of one percent or more of any class of equity
interest in a dealership, whether the interest is that of a
shareholder, partner, limited liability company member, or
otherwise. To hold an ownership interest means to have
possession of, title to, or control of the ownership interest,
whether directly or indirectly through a fiduciary, agent, or
other intermediary.
(4) A violation of this section is deemed to affect the
public interest and constitutes an unlawful and unfair
practice under chapter 19.86 RCW. A person aggrieved by
an alleged violation of this section may petition the department to have the matter handled as an adjudicative proceeding under chapter 34.05 RCW. [2000 c 203 § 1.]
46.96.190 Prohibited practices by manufacturer. A
manufacturer shall not coerce, threaten, intimidate, or require
a new motor vehicle dealer, as a condition to granting or
renewing a franchise, to waive, limit, or disclaim a right that
the dealer may have to protest the establishment or relocation of another motor vehicle dealer in the relevant market
area as provided in RCW 46.96.150. [1994 c 274 § 6.]
46.96.200 Sale, transfer, or exchange of franchise.
(1) Notwithstanding the terms of a franchise, a manufacturer
shall not unreasonably withhold consent to the sale, transfer,
or exchange of a franchise to a qualified buyer who meets
the normal, reasonable, and uniformly applied standards
established by the manufacturer for the appointment of a
new dealer or is capable of being licensed as a new motor
vehicle dealer in the state of Washington. A decision or
determination made by the administrative law judge as to
whether a qualified buyer is capable of being licensed as a
new motor vehicle dealer in the state of Washington is not
conclusive or determinative of any ultimate determination
made by the department of licensing as to the buyer’s
qualification for a motor vehicle dealer license. A
manufacturer’s failure to respond in writing to a request for
consent under this subsection within sixty days after receipt
of a written request on the forms, if any, generally used by
the manufacturer containing the information and reasonable
promises required by a manufacturer is deemed to be consent
to the request. A manufacturer may request, and, if so
requested, the applicant for a franchise (a) shall promptly
provide such personal and financial information as is
reasonably necessary to determine whether the sale, transfer,
or exchange should be approved, and (b) shall agree to be
bound by all reasonable terms and conditions of the franchise.
(2) If a manufacturer refuses to approve the sale,
transfer, or exchange of a franchise, the manufacturer shall
serve written notice on the applicant, the transferring, selling,
or exchanging new motor vehicle dealer, and the department
of its refusal to approve the transfer of the franchise no later
than sixty days after the date the manufacturer receives the
written request from the new motor vehicle dealer. If the
manufacturer has requested personal or financial information
from the applicant under subsection (1) of this section, the
notice shall be served not later than sixty days after the
(2002 Ed.)
Manufacturers’ and Dealers’ Franchise Agreements
46.96.200
receipt of all of such documents. Service of all notices
under this section shall be made by personal service or by
certified mail, return receipt requested.
(3) The notice in subsection (2) of this section shall
state the specific grounds for the refusal to approve the sale,
transfer, or exchange of the franchise.
(4) Within twenty days after receipt of the notice of
refusal to approve the sale, transfer, or exchange of the
franchise by the transferring new motor vehicle dealer, the
new motor vehicle dealer may file a petition with the
department to protest the refusal to approve the sale, transfer,
or exchange. The petition shall contain a short statement
setting forth the reasons for the dealer’s protest. Upon the
filing of a protest and the receipt of the filing fee, the
department shall promptly notify the manufacturer that a
timely protest has been filed, and the department shall
arrange for a hearing with an administrative law judge as the
presiding officer to determine if the manufacturer unreasonably withheld consent to the sale, transfer, or exchange of
the franchise.
(5) In determining whether the manufacturer unreasonably withheld its approval to the sale, transfer, or exchange,
the manufacturer has the burden of proof that it acted
reasonably. A manufacturer’s refusal to accept or approve
a proposed buyer who otherwise meets the normal, reasonable, and uniformly applied standards established by the
manufacturer for the appointment of a new dealer, or who
otherwise is capable of being licensed as a new motor
vehicle dealer in the state of Washington, is presumed to be
unreasonable.
(6) The administrative law judge shall conduct a hearing
and render a final decision as expeditiously as possible, but
in any event not later than one hundred twenty days after a
protest is filed. Only the selling, transferring, or exchanging
new motor vehicle dealer and the manufacturer may be
parties to the hearing.
(7) The administrative law judge shall conduct any
hearing as provided in RCW 46.96.050(2), and all hearing
costs shall be borne as provided in that subsection. Only the
manufacturer and the selling, transferring, or exchanging new
motor vehicle dealer may appeal the final order of the
administrative law judge as provided in RCW 46.96.050(3).
(8) This section and RCW 46.96.030 through 46.96.110
apply to all franchises and contracts existing on July 23,
1989, between manufacturers and new motor vehicle dealers
as well as to all future franchises and contracts between
manufacturers and new motor vehicle dealers.
(9) RCW 46.96.140 through 46.96.190 apply to all
franchises and contracts existing on October 1, 1994,
between manufacturers and new motor vehicle dealers as
well as to all future franchises and contracts between
manufacturers and new motor vehicle dealers. [1994 c 274
§ 7; 1989 c 415 § 18. Formerly RCW 46.96.120.]
ment deems proper but not in any event to exceed one
thousand dollars, for the payment of such costs as may be
incurred in conducting the hearing as required under this
chapter. The security may be given in the form of a bond
or stipulation or other undertaking with one or more sureties.
At the conclusion of the hearing, the department shall
assess, in equal shares, each of the parties to the hearing for
the cost of conducting the hearing. Upon receipt of payment
of the costs, the department shall refund and return to the
petitioning party such excess funds, if any, initially posted
by the party as security for the hearing costs. If the petitioning party provided security in the form of a bond or other
undertaking with one or more sureties, the bond or other
undertaking shall then be exonerated and the surety or sureties under it discharged. [1994 c 274 § 8; 1989 c 415 § 19.
Formerly RCW 46.96.130.]
46.96.210 Petition and hearing—Filing fee, costs,
security. The department shall determine and establish the
amount of the filing fee required in RCW 46.96.040,
46.96.110, 46.96.150, and 46.96.200. The fees shall be set
in accordance with RCW 43.24.086.
The department may also require the petitioning or
protesting party to give security, in such sum as the depart-
46.98.030 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or
subsection headings, as used in this title do not constitute
any part of the law. [1961 c 12 § 46.98.030.]
(2002 Ed.)
46.96.900 Severability—1989 c 415. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 415 § 22.]
Chapter 46.98
CONSTRUCTION
Sections
46.98.010
46.98.020
46.98.030
46.98.040
46.98.041
46.98.042
46.98.043
46.98.050
46.98.060
Continuation of existing law.
Provisions to be construed in pari materia.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Severability—1963 ex.s. c 3.
Severability—1965 ex.s. c 170.
Severability—1969 ex.s. c 281.
Repeals and saving—1961 c 12.
Emergency—1961 c 12.
46.98.010 Continuation of existing law. The
provisions of this title insofar as they are substantially the
same as statutory provisions repealed by this chapter, and
relating to the same subject matter, shall be construed as
restatements and continuations, and not as new enactments.
[1961 c 12 § 46.98.010.]
46.98.020 Provisions to be construed in pari
materia. The provisions of this title shall be construed in
pari materia even though as a matter of prior legislative
history they were not originally enacted in the same statute.
The provisions of this title shall also be construed in pari
materia with the provisions of Title 47 RCW, and with other
laws relating to highways, roads, streets, bridges, ferries and
vehicles. This section shall not operate retroactively. [1961
c 12 § 46.98.020.]
46.98.040 Invalidity of part of title not to affect
remainder. If any provision of this title or its application
[Title 46 RCW—page 309]
46.98.040
Title 46 RCW: Motor Vehicles
to any person or circumstance is held invalid, the remainder
of the title, or the application of the provision to other
persons or circumstances is not affected. [1961 c 12 §
46.98.040.]
46.98.041
47.98.041.
Severability—1963 ex.s. c 3. See RCW
46.98.042 Severability—1965 ex.s. c 170. See RCW
47.98.042.
46.98.043 Severability—1969 ex.s. c 281. See RCW
47.98.045.
46.98.050 Repeals and saving—1961 c 12. See 1961
c 12 § 46.98.050.
46.98.060 Emergency—1961 c 12. This act is
necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing institutions and shall take effect immediately. [1961
c 12 § 46.98.060.]
[Title 46 RCW—page 310]
(2002 Ed.)
Title 47
PUBLIC HIGHWAYS AND TRANSPORTATION
Chapters
47.01
47.02
47.04
47.05
47.06
47.06A
47.06B
47.06C
47.08
47.10
47.12
47.14
47.17
47.20
47.22
47.24
47.26
47.28
47.30
47.32
47.36
47.38
47.39
47.40
47.41
47.42
47.44
47.46
47.48
47.50
47.52
47.56
47.58
47.60
47.61
47.64
47.66
47.68
47.72
47.74
47.76
47.78
47.79
(2002 Ed.)
47.80
Department of transportation.
Department buildings.
General provisions.
Priority programming for highway development.
Statewide transportation planning.
Freight mobility.
Coordinating special needs transportation.
Permit efficiency and accountability.
Highway funds.
Highway construction bonds.
Acquisition and disposition of state highway
property.
Right of way donations.
State highway routes.
Miscellaneous projects.
Combination highway routes.
City streets as part of state highways.
Development in urban areas—Urban
arterials.
Construction and maintenance of highways.
Trails and paths.
Obstructions on right of way.
Traffic control devices.
Roadside areas—Safety rest areas.
Scenic and Recreational Highway Act of
1967.
Roadside improvement and beautification.
Junkyards adjacent to interstate and primary highways.
Highway advertising control act—Scenic
Vistas Act.
Franchises on state highways.
Public-private transportation initiatives.
Closing highways and restricting traffic.
Highway access management.
Limited access facilities.
State toll bridges, tunnels, and ferries.
Existing and additional bridges.
Puget Sound ferry and toll bridge system.
Acquisition of new ferry vessels under Urban
Mass Transportation Act of 1964.
Marine employees—Public employment relations.
Multimodal transportation programs.
Aeronautics.
Navigation canals.
Multistate Highway Transportation Agreement.
Rail freight service.
High capacity transportation development.
High-speed ground transportation.
47.82
47.98
Regional transportation planning organizations.
Amtrak.
Construction.
Abandoned highways, transfer to counties, cities: RCW 36.75.090.
Accidents and reports: Chapter 46.52 RCW.
Annual report of street operations to secretary of transportation: RCW
35.21.260.
Arterial highways, designation: RCW 46.61.195.
Bicycles, operation: Chapter 46.61 RCW.
Buses, unlawful conduct: RCW 9.91.025.
City streets, sidewalks, etc.: Chapters 35.68 through 35.79 RCW.
Columbia Basin project road systems: RCW 36.81.140.
Contractor’s bond: Chapter 39.08 RCW.
Contractors on highway projects prequalified under RCW 47.28.070
exempted from contractor’s registration requirement: RCW
18.27.090.
County highways in cities and towns: Chapter 36.89 RCW.
County road improvement districts: Chapter 36.88 RCW.
County roads and bridges: Chapters 36.75 through 36.88 RCW.
Dangerous substances or devices, placing on highway: RCW 9.66.050,
70.93.060.
Design standards committee
arterial streets: Chapter 35.78 RCW.
generally: Chapter 43.32 RCW.
Driving while intoxicated when engaged in discharge of business duties:
RCW 9.91.020.
Electrical installations, applicability of statutes or rules: RCW 19.28.141.
Fences: Chapter 16.60 RCW.
Fireworks, transportation, etc.: Chapter 70.77 RCW.
Flaggers—Safety standards: RCW 49.17.350.
Glass, tacks, rubbish, etc., throwing in highway: RCW 9.66.050, 46.61.645.
Highway construction or improvement, validity of agreement to indemnify
against liability for negligence relative to: RCW 4.24.115.
Highway funds, constitutional limitations: State Constitution Art. 2 § 40
(Amendment 18).
Hospitalization and medical aid for public employees and dependents—
Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Jurisdiction over operation of motor vehicles by Indians: Chapter 37.12
RCW.
Liens for labor, materials on public works: Chapter 60.28 RCW.
Littering on public highway: RCW 70.93.060.
Obstructing highway is public nuisance: RCW 9.66.010.
Off-street parking
cities: Chapter 35.86 RCW.
towns: RCW 35.27.550 through 35.27.590.
Platted streets as public highways: RCW 58.08.035, 58.08.050.
Port districts, toll facilities: Chapter 53.34 RCW.
Public lands, withdrawal of abutting: RCW 79A.05.105.
Range areas, road signs: RCW 16.24.060.
Real property conveyances by public bodies—Recording: RCW 65.08.095.
Rules of the road: Chapter 46.61 RCW.
Size, weight, load of vehicles: Chapter 46.44 RCW.
[Title 47 RCW—page 1]
Title 47
Title 47 RCW: Public Highways and Transportation
Speed limits: RCW 46.61.400 through 46.61.470.
State patrol: Chapter 43.43 RCW.
Traffic safety commission and program: Chapter 43.59 RCW.
Viaducts, bridges, elevated roadways, tunnels, etc., authority of cities to
construct: Chapter 35.85 RCW.
Waterways: Title 91 RCW.
Chapter 47.01
DEPARTMENT OF TRANSPORTATION
Sections
47.01.011
47.01.012
47.01.021
47.01.031
Legislative declaration.
Intent—2002 c 5.
Definitions.
Department created—Transfer of powers, duties, and functions.
47.01.041 Secretary of transportation—Appointment, salary, removal.
47.01.051 Commission created—Appointment of members—Terms—
Qualifications—Removal.
47.01.061 Commission—Procedures and internal operations.
47.01.070 Director’s and commissioner’s prior assignments may be
delegated.
47.01.071 Commission—Functions, powers, and duties.
47.01.081 Department—Organization—Management personnel.
47.01.091 Advisory councils.
47.01.101 Secretary—Authority and duties.
47.01.131 Continuation of state services to department.
47.01.141 Biennial report.
47.01.145 Study reports available to legislators upon request.
47.01.170 Right of entry.
47.01.180 Roads and bridges in state parks.
47.01.190 State aid engineer.
47.01.210 Contract without bid or bond with public utilities and municipal corporations.
47.01.230 Powers relating to toll bridges and facilities and state ferries.
47.01.240 Coordination of long-range needs studies.
47.01.250 Consultation with designated state officials.
47.01.260 Authority of department.
47.01.270 Radioactive or hazardous cargo, notice of prohibition.
47.01.280 Application for improvements to existing highways.
47.01.290 Environmental review of transportation projects.
47.01.300 Environmental review of transportation projects—
Cooperation with other environmental regulatory authorities.
47.01.310 Washington fruit express account.
47.01.320 Skills bank—Report.
47.01.900 Commute trip reduction program—Transfer from state energy office—References to director or state energy office.
Collection agencies, use by public bodies to collect public debts—Fees:
RCW 19.16.500.
Cross-state trail—Rail line franchise negotiations: RCW 79A.05.125.
Flaggers—Safety standards: RCW 49.17.350.
Interagency committee for outdoor recreation, secretary of transportation
member of: RCW 79A.25.110.
Mt. St. Helens eruption, facilitating recovery from—Scope of state agency
action: RCW 43.01.210.
Secretary’s duties
generally: RCW 46.68.120.
motor vehicle fund, distribution of amount to counties—Factors of
distribution formula for RCW 46.68.120(4) funds: RCW 46.68.122.
population, road cost, money need, computed—Allocation percentage
adjustment, when: RCW 46.68.124.
Traffic safety commission, secretary of transportation member of: RCW
43.59.030.
Trails system, Washington state recreation, department of transportation
participation: RCW 79A.35.120.
47.01.011 Legislative declaration. The legislature
hereby recognizes the following imperative needs within the
[Title 47 RCW—page 2]
state: To create a statewide transportation development plan
which identifies present status and sets goals for the future;
to coordinate transportation modes; to promote and protect
land use programs required in local, state and federal law; to
coordinate transportation with the economic development of
the state; to supply a broad framework in which regional,
metropolitan, and local transportation needs can be related;
to facilitate the supply of federal and state aid to those areas
which will most benefit the state as a whole; to provide for
public involvement in the transportation planning and
development process; to administer programs within the
jurisdiction of this title relating to the safety of the state’s
transportation systems; and to coordinate and implement
national transportation policy with the state transportation
planning program.
The legislature finds and declares that placing all
elements of transportation in a single department is fully
consistent with and shall in no way impair the use of
moneys in the motor vehicle fund exclusively for highway
purposes.
Through this chapter, a unified department of transportation is created. To the jurisdiction of this department will be
transferred the present powers, duties, and functions of the
department of highways, the highway commission, the toll
bridge authority, the aeronautics commission, and the canal
commission, and the transportation related powers, duties,
and functions of the *planning and community affairs
agency. [1977 ex.s. c 151 § 1.]
*Reviser’s note: "Planning and community affairs agency" means
"department of community, trade, and economic development."
47.01.012 Intent—2002 c 5. It is the intent of the
legislature to establish policy goals for the operation,
performance of, and investment in, the state’s transportation
system. The policy goals shall consist of, but not be limited
to, the following benchmark categories, adopted by the
state’s Blue Ribbon Commission on Transportation on
November 30, 2000. In addition to improving safety, public
investments in transportation shall support achievement of
these and other priority goals:
No interstate highways, state routes, and local arterials
shall be in poor condition; no bridges shall be structurally
deficient, and safety retrofits shall be performed on those
state bridges at the highest seismic risk levels; traffic
congestion on urban state highways shall be significantly
reduced and be no worse than the national mean; delay per
driver shall be significantly reduced and no worse than the
national mean; per capita vehicle miles traveled shall be
maintained at 2000 levels; the nonauto share of commuter
trips shall be increased in urban areas; administrative costs
as a percentage of transportation spending shall achieve the
most efficient quartile nationally; and the state’s public
transit agencies shall achieve the median cost per vehicle
revenue hour of peer transit agencies, adjusting for the
regional cost-of-living.
These policy goals shall be the basis for establishment
of detailed and measurable performance benchmarks.
It is the intent of the legislature that the transportation
commission establish performance measures to ensure
transportation system performance at local, regional, and
state government levels, and the transportation commission
(2002 Ed.)
Department of Transportation
should work with appropriate government entities to accomplish this. [2002 c 5 § 101.]
Effective date—2002 c 5 § 101: "Section 101 of this act takes effect
July 1, 2002." [2002 c 5 § 102.]
Captions not law—2002 c 5: "Captions and part headings used in
this act are not part of the law." [2002 c 5 § 419.]
Severability—2002 c 5: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [2002 c 5 § 420.]
47.01.021 Definitions. As used in this title unless the
context indicates otherwise:
(1) "Department" means the department of transportation
created in RCW 47.01.031;
(2) "Commission" means the transportation commission
created in RCW 47.01.051;
(3) "Secretary" means the secretary of transportation as
provided for in RCW 47.01.041. [1977 ex.s. c 151 § 2.]
Additional definitions: RCW 47.04.010.
47.01.031 Department created—Transfer of powers,
duties, and functions. (1) There is created a department of
state government to be known as the department of
transportation.
(2) All powers, duties, and functions vested by law in
the department of highways, the state highway commission,
the director of highways, the Washington toll bridge authority, the aeronautics commission, the director of aeronautics,
and the canal commission, and the transportation related
powers, duties, and functions of the *planning and community affairs agency, are transferred to the jurisdiction of the
department, except those powers, duties, and functions which
are expressly directed elsewhere in **this or in any other act
of the 1977 legislature.
(3) The board of pilotage commissioners is transferred
to the jurisdiction of the department for its staff support and
administration: PROVIDED, That nothing in this section
shall be construed as transferring any policy making powers
of the board of pilotage commissioners to the transportation
commission or the department of transportation. [1988 c
167 § 11; 1977 ex.s. c 151 § 3.]
Reviser’s note: *(1) The "planning and community affairs agency"
has been renamed the "department of community, trade, and economic
development."
**(2) For codification of "this . . . . act" [1977 ex.s. c 151], see
Codification Tables, Volume 0.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
47.01.041
Secretary of transportation—
Appointment, salary, removal. The executive head of the
department of transportation shall be the secretary of
transportation, who shall be appointed by the transportation
commission, and shall be paid a salary to be fixed by the
governor in accordance with the provisions of RCW
43.03.040. The secretary shall be an ex officio member of
the commission without a vote. The secretary shall be the
chief executive officer of the commission and be responsible
to it, and shall be guided by policies established by it. The
secretary shall serve until removed by the commission, but
only for incapacity, incompetence, neglect of duty, malfeasance in office, or failure to carry out the commission’s poli(2002 Ed.)
47.01.012
cies. Before a motion for dismissal shall be acted on by the
commission, the secretary shall be granted a hearing on
formal written charges before the full commission. An
action by the commission to remove the secretary shall be final. [1983 1st ex.s. c 53 § 28; 1977 ex.s. c 151 § 4.]
Severability—1983 1st ex.s. c 53: See note following RCW
47.10.802.
47.01.051 Commission created—Appointment of
members—Terms—Qualifications—Removal. There is
hereby created a transportation commission, which shall
consist of seven members appointed by the governor, with
the consent of the senate. The present five members of the
highway commission shall serve as five initial members of
the transportation commission until their terms of office as
highway commission members would have expired. The
additional two members provided herein for the transportation commission shall be appointed for initial terms to expire
on June 30, 1982, and June 30, 1983. Thereafter all terms
shall be for six years. No elective state official or state
officer or state employee shall be a member of the commission, and not more than four members of the commission
shall at the time of appointment or thereafter during their
respective terms of office be members of the same major
political party. At the time of appointment or thereafter
during their respective terms of office, four members of the
commission shall reside in the western part of the state and
three members shall reside in the eastern part of the state as
divided north and south by the summit of the Cascade mountains. No more than two members of the commission shall
reside in the same county. Commissioners shall not be
removed from office by the governor before the expiration
of their terms unless for a disqualifying change of residence
or for cause based upon a determination of incapacity,
incompetence, neglect of duty, or malfeasance in office by
the superior court of the state of Washington in and for
Thurston county upon petition and show cause proceedings
duly brought therefor in said court and directed to the
commissioner in question. No member shall be appointed
for more than two consecutive terms. [1977 ex.s. c 151 §
5.]
47.01.061 Commission—Procedures and internal
operations. The commission shall meet at such times as it
deems advisable but at least once every month. It may
adopt its own rules and regulations and may establish its
own procedure. It shall act collectively in harmony with
recorded resolutions or motions adopted by majority vote of
at least four members. The commission may appoint an
administrative secretary, and shall elect one of its members
chairman for a term of one year. The chairman shall be able
to vote on all matters before the commission. The commission may from time to time retain planners, consultants, and
other technical personnel to advise it in the performance of
its duties.
The commission shall submit to each regular session of
the legislature held in an odd-numbered year its own budget
proposal necessary for the commission’s operations separate
from that proposed for the department.
Each member of the commission shall be compensated
in accordance with RCW 43.03.250 and shall be reimbursed
[Title 47 RCW—page 3]
47.01.061
Title 47 RCW: Public Highways and Transportation
for actual necessary traveling and other expenses in going to,
attending, and returning from meetings of the commission,
and actual and necessary traveling and other expenses
incurred in the discharge of such duties as may be requested
by a majority vote of the commission or by the secretary of
transportation, but in no event shall a commissioner be
compensated in any year for more than one hundred twenty
days, except the chairman of the commission who may be
paid compensation for not more than one hundred fifty days.
Service on the commission shall not be considered as service
credit for the purposes of any public retirement system.
[1987 c 364 § 2; 1984 c 287 § 94; 1983 1st ex.s. c 53 § 29;
1981 c 59 § 1; 1977 ex.s. c 151 § 6.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Severability—1983 1st ex.s. c 53: See note following RCW
47.10.802.
47.01.070 Director’s and commissioner’s prior
assignments may be delegated. In all situations wherein
the director of highways, the director of aeronautics or any
one of their designees, or any member of the highway
commission, the toll bridge authority, the aeronautics
commission, or the canal commission or any one of their
designees was on September 21, 1977, designated or serving
as a member of any board, commission, committee, or
authority, the chairman of the transportation commission or
the chairman’s designee who shall be an employee of the
department of transportation, shall hereafter determine who
shall serve as such member. [1977 ex.s. c 151 § 27; 1961
c 13 § 47.01.070. Prior: 1951 c 247 § 5. Formerly RCW
43.27.120.]
47.01.071 Commission—Functions, powers, and
duties. The transportation commission shall have the
following functions, powers, and duties:
(1) To propose policies to be adopted by the legislature
designed to assure the development and maintenance of a
comprehensive and balanced statewide transportation system
which will meet the needs of the people of this state for safe
and efficient transportation services. Wherever appropriate
the policies shall provide for the use of integrated,
intermodal transportation systems to implement the social,
economic, and environmental policies, goals, and objectives
of the people of the state, and especially to conserve
nonrenewable natural resources including land and energy.
To this end the commission shall:
(a) Develop transportation policies which are based on
the policies, goals, and objectives expressed and inherent in
existing state laws;
(b) Inventory the adopted policies, goals, and objectives
of the local and area-wide governmental bodies of the state
and define the role of the state, regional, and local governments in determining transportation policies, in transportation
planning, and in implementing the state transportation plan;
(c) Propose a transportation policy for the state, and
after notice and public hearings, submit the proposal to the
legislative transportation committee and the senate and house
transportation committees by January 1, 1978, for consideration in the next legislative session;
[Title 47 RCW—page 4]
(d) Establish a procedure for review and revision of the
state transportation policy and for submission of proposed
changes to the legislature;
(e) To integrate the statewide transportation plan with
the needs of the elderly and handicapped, and to coordinate
federal and state programs directed at assisting local governments to answer such needs;
(2) To establish the policy of the department to be
followed by the secretary on each of the following items:
(a) To provide for the effective coordination of state
transportation planning with national transportation policy,
state and local land use policies, and local and regional
transportation plans and programs;
(b) To provide for public involvement in transportation
designed to elicit the public’s views both with respect to
adequate transportation services and appropriate means of
minimizing adverse social, economic, environmental, and
energy impact of transportation programs;
(c) To provide for the administration of grants in aid
and other financial assistance to counties and municipal
corporations for transportation purposes;
(d) To provide for the management, sale, and lease of
property or property rights owned by the department which
are not required for transportation purposes;
(3) To direct the secretary to prepare and submit to the
commission a comprehensive and balanced statewide
transportation plan which shall be based on the transportation
policy adopted by the legislature and applicable state and
federal laws. After public notice and hearings, the commission shall adopt the plan and submit it to the legislative
transportation committee and to the house and senate
standing committees on transportation before January 1,
1980, for consideration in the 1980 regular legislative
session. The plan shall be reviewed and revised prior to
each regular session of the legislature during an evennumbered year thereafter. A preliminary plan shall be
submitted to such committees by January 1, 1979.
The plan shall take into account federal law and
regulations relating to the planning, construction, and
operation of transportation facilities;
(4) To propose to the governor and the legislature prior
to the convening of each regular session held in an oddnumbered year a recommended budget for the operations of
the commission as required by RCW 47.01.061;
(5) To approve and propose to the governor and to the
legislature prior to the convening of each regular session
during an odd-numbered year a recommended budget for the
operation of the department and for carrying out the program
of the department for the ensuing biennium. The proposed
budget shall separately state the appropriations to be made
from the motor vehicle fund for highway purposes in accordance with constitutional limitations and appropriations and
expenditures to be made from the general fund, or accounts
thereof, and other available sources for other operations and
programs of the department;
(6) To review and authorize all departmental requests
for legislation;
(7) To approve the issuance and sale of all bonds
authorized by the legislature for capital construction of state
highways, toll facilities, Columbia Basin county roads (for
which reimbursement to the motor vehicle fund has been
provided), urban arterial projects, and aviation facilities;
(2002 Ed.)
Department of Transportation
(8) To adopt such rules, regulations, and policy directives as may be necessary to carry out reasonably and
properly those functions expressly vested in the commission
by statute;
(9) To delegate any of its powers to the secretary of
transportation whenever it deems it desirable for the efficient
administration of the department and consistent with the
purposes of this title;
(10) To exercise such other specific powers and duties
as may be vested in the transportation commission by this or
any other provision of law. [1981 c 59 § 2; 1980 c 87 § 45;
1977 ex.s. c 151 § 7.]
Powers, duties, and studies by legislative transportation committee: RCW
44.40.020.
47.01.081
Department—Organization—
Management personnel. (1) Initially the department shall
be organized into divisions, including the division of
highways, the division of public transportation, the division
of aeronautics, the division of marine transportation, and the
division of transportation planning and budget.
(2) The secretary may reorganize divisions in order to
attain the maximum possible efficiency in the operation of
the department. Each division shall be headed by an
assistant secretary to be appointed by the secretary. The
secretary may also appoint a deputy secretary as may be
needed for the performance of the duties and functions
vested in the department and may also appoint up to twelve
ferry system management positions as defined in RCW
47.64.011. The secretary may delegate to officers within the
several divisions of the department authority to employ
personnel necessary to discharge the responsibilities of the
department.
(3) The officers appointed under this section shall be
exempt from the provisions of the state civil service law and
shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of
salaries for officers exempt from the operation of the state
civil service law. [1984 c 48 § 1; 1977 ex.s. c 151 § 8.]
47.01.091 Advisory councils. The secretary shall
establish such advisory councils as are necessary to carry out
the purposes of *this 1977 amendatory act, and to insure
adequate public participation in the planning and development of transportation facilities. Members of such councils
shall serve at the pleasure of the secretary and may receive
per diem and necessary expenses, in accordance with RCW
43.03.050 and 43.03.060, as now or hereafter amended.
[1977 ex.s. c 151 § 9.]
*Reviser’s note: For codification of "this 1977 amendatory act"
[1977 ex.s. c 151], see Codification Tables, Volume 0.
47.01.101 Secretary—Authority and duties. The
secretary shall have the authority and it shall be his or her
duty, subject to policy guidance from the commission:
(1) To serve as chief executive officer of the department
with full administrative authority to direct all its activities;
(2) To organize the department as he or she may deem
necessary to carry out the work and responsibilities of the
department effectively;
(2002 Ed.)
47.01.071
(3) To designate and establish such transportation
district or branch offices as may be necessary or convenient,
and to appoint assistants and delegate any powers, duties,
and functions to them or any officer or employee of the
department as deemed necessary to administer the department efficiently;
(4) To direct and coordinate the programs of the various
divisions of the department to assure that they achieve the
greatest possible mutual benefit, produce a balanced overall
effort, and eliminate unnecessary duplication of activity;
(5) To adopt all department rules that are subject to the
adoption procedures contained in the state administrative
procedure act, except rules subject to adoption by the
commission pursuant to statute;
(6) To maintain and safeguard the official records of the
department, including the commission’s recorded resolutions
and orders;
(7) To provide full staff support to the commission to
assist it in carrying out its functions, powers, and duties and
to execute the policy established by the commission pursuant
to its legislative authority;
(8) To execute and implement the biennial operating
budget for the operation of the department in accordance
with chapter 43.88 RCW and with legislative appropriation
and, in such manner as prescribed therein, to make and
report to the commission and the chairs of the transportation
committees of the senate and house of representatives,
including one copy to the staff of each of the committees,
deviations from the planned biennial category A and H
highway construction programs necessary to adjust to
unexpected delays or other unanticipated circumstances.
(9) To exercise all other powers and perform all other
duties as are now or hereafter provided by law. [1987 c 505
§ 48; 1987 c 179 § 1; 1983 1st ex.s. c 53 § 30; 1977 ex.s.
c 151 § 10.]
Reviser’s note: This section was amended by 1987 c 179 § 1 and by
1987 c 505 § 48, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—1983 1st ex.s. c 53: See note following RCW
47.10.802.
Regulations governing parking facilities: RCW 46.61.577.
47.01.131 Continuation of state services to department. All state officials required to maintain contact with
or provide services for any of the departments or agencies
whose functions are transferred by RCW 47.01.031 shall
continue to perform such services for the department of
transportation unless otherwise directed by this title. [1977
ex.s. c 151 § 18.]
47.01.141 Biennial report. The department shall
submit a biennial report to the governor and chairs of the
transportation committees of the senate and house of
representatives with a copy to the staff of each of the
committees, including but not limited to operational and
construction activities of the preceding fiscal period as the
department deems important and recommendations for future
operations of the department. [1987 c 505 § 49; 1984 c 7 §
75; 1977 c 75 § 68; 1973 2nd ex.s. c 12 § 1.]
Severability—1984 c 7: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
[Title 47 RCW—page 5]
47.01.141
Title 47 RCW: Public Highways and Transportation
or the application of the provision to other persons or circumstances is not
affected." [1984 c 7 § 389.]
47.01.230 Powers relating to toll bridges and
facilities and state ferries. See RCW 47.56.030.
47.01.145 Study reports available to legislators
upon request. Whenever a study report prepared by the
department for the legislative transportation committee is
made available to the committee or its members, the report
shall, upon request, be made available to any member of the
Washington state legislature. [1984 c 7 § 76; 1971 ex.s. c
195 § 6; 1967 ex.s. c 145 § 78.]
47.01.240 Coordination of long-range needs studies.
The department and the transportation improvement board
shall coordinate their activities relative to long-range needs
studies, in accordance with the provisions of chapter 47.05
RCW and RCW 47.26.170, respectively, in order that longrange needs data may be developed and maintained on an
integrated and comparable basis. Needs data for county
roads and city streets in nonurban areas shall be provided by
the counties and cities to the department in such form and
extent as requested by the department, after consultation with
the county road administration board and the association of
Washington cities, in order that needs data may be obtained
on a comparable basis for all highways, roads, and streets in
Washington. [1988 c 167 § 12; 1984 c 7 § 82; 1971 ex.s.
c 195 § 10.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1971 ex.s. c 195: See note following RCW 44.40.010.
Budget, plan for highway development: Chapter 47.05 RCW.
47.01.170 Right of entry. The department or its duly
authorized and acting assistants, agents, or appointees have
the right to enter upon any land, real estate, or premises in
this state, whether public or private, for purposes of making
examinations, locations, surveys, and appraisals for highway
purposes. The making of any such entry for those purposes
does not constitute any trespass by the department or by its
duly authorized and acting assistants, agents, or appointees.
[1984 c 7 § 77; 1961 c 13 § 47.01.170. Prior: 1945 c 176
§ 1; Rem. Supp. 1945 § 6400-3f. Formerly RCW
43.27.030.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.01.180 Roads and bridges in state parks. The
department is authorized at the request of, and upon plans
approved by the state parks and recreation commission, to
construct and maintain vehicular roads, highways, and
bridges within the limits of the several state parks. [1984 c
7 § 78; 1961 c 13 § 47.01.180. Prior: 1943 c 253 § 1;
Rem. Supp. 1943 § 6402-35. Formerly RCW 43.27.040.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.01.190 State aid engineer. The secretary shall
appoint, with the approval of the governor, a qualified
assistant to be designated as "state aid engineer" whose
duties shall consist of the administration of the program of
state aid in the matter of county roads and city streets.
[1984 c 7 § 79; 1961 c 13 § 47.01.190. Prior: 1949 c 220
§ 2; Rem. Supp. 1949 § 4600-3g. Formerly RCW
43.27.050.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.01.210 Contract without bid or bond with public
utilities and municipal corporations. It is lawful for the
department to contract without advertising or bid, or performance bond, with any public utility, whether publicly or
privately operated, or with any municipal corporation or
political subdivision of the state, for the performance of any
work or the furnishing of any service of a type ordinarily
performed or furnished by such utility, or by such municipal
corporation or political subdivision, whenever, in the opinion
of the department, the interest of the public will be best
served. [1984 c 7 § 80; 1961 c 13 § 47.01.210. Prior:
1955 c 84 § 1; 1953 c 100 § 1. Formerly RCW 43.27.105.]
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 47 RCW—page 6]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1971 ex.s. c 195: See note following RCW 44.40.010.
47.01.250 Consultation with designated state
officials. The chief of the Washington state patrol, the
director of the traffic safety commission, the executive
director of the county road administration board, and the
director of licensing are designated as official consultants to
the transportation commission so that the goals and activities
of their respective agencies which relate to transportation are
fully coordinated with other related responsibilities of the
department of transportation. In this capacity, the chief of
the Washington state patrol, the director of the traffic safety
commission, the executive director of the county road
administration board, and the director of licensing shall
consult with the transportation commission and the secretary
of transportation on the implications and impacts on the
transportation related functions and duties of their respective
agencies of any proposed comprehensive transportation plan,
program, or policy.
In order to develop fully integrated, balanced, and
coordinated transportation plans, programs, and budgets the
chief of the Washington state patrol, the director of the
traffic safety commission, the executive director of the
county road administration board, and the director of
licensing shall consult with the secretary of transportation on
the matter of relative priorities during the development of
their respective agencies’ plans, programs, and budgets as
they pertain to transportation activities. [1998 c 245 § 92;
1990 c 266 § 5; 1979 c 158 § 204; 1977 ex.s. c 151 § 26.]
Identification of environmental costs of transportation projects—
Pilot project—1993 c 59: "Recognizing the importance of maintaining the
quality of life in Washington state, the citizens of this state demand
protection and preservation of our scarce natural resources. Citizens also
demand an efficient and effective transportation system. The departments
of transportation, ecology, fisheries, and wildlife and the Puget Sound water
quality authority have worked jointly to develop cooperative approaches for
mitigating environmental impacts resulting from transportation projects.
Nevertheless, many transportation projects are costing more than was
budgeted due to unanticipated and extensive environmental considerations.
It is the intent of the legislature to find a process for accessing, budgeting,
and accounting for environmental costs related to significant transportation
projects in order to determine whether the environmental costs exceed the
transportation benefits of a project.
(2002 Ed.)
Department of Transportation
Therefore, the department of transportation shall undertake a pilot
program in at least one transportation district that will serve as a case study
for the entire department. The department shall identify and cost out the
discrete environmental elements of a representative sampling of transportation projects. The environmental elements should include, but not
necessarily be limited to, wetlands, storm water, hazardous waste, noise,
fish, and wildlife. The department shall also consider an assessment of the
cost impacts resulting from delays associated with permitting requirements.
It is the intent of the legislature that the environmental cost estimates
be developed during a detailed scoping process that will include preliminary
engineering and design. After the detailed scoping process and design
report is complete, the department shall submit project-specific recommendations and cost estimates to the transportation commission before approval
is granted for the construction phase of the projects.
Based upon the findings of the pilot program the transportation
commission shall recommend policies to the legislative transportation
committee regarding: (1) The current practice of appropriating design and
construction dollars simultaneously; (2) identification of reasonable
thresholds for environmental costs; (3) budget and accounting modifications
that may be warranted in order to accurately capture environmental costs
associated with transportation projects; and (4) modification to the priority
array statutes, chapter 47.05 RCW." [1993 c 59 § 1.]
47.01.260 Authority of department. (1) The department of transportation shall exercise all the powers and
perform all the duties necessary, convenient, or incidental to
the planning, locating, designing, constructing, improving,
repairing, operating, and maintaining state highways, including bridges and other structures, culverts, and drainage
facilities and channel changes necessary for the protection of
state highways, and shall examine and allow or disallow bills
for any work or services performed or materials, equipment,
or supplies furnished.
(2) Subject to the limitations of RCW 4.24.115, the
department, in the exercise of any of its powers, may include
in any authorized contract a provision for indemnifying the
other contracting party against specific loss or damages
arising out of the performance of the contract.
(3) The department is authorized to acquire property as
provided by law and to construct and maintain thereon any
buildings or structures necessary or convenient for the
planning, design, construction, operation, maintenance, and
administration of the state highway system and to acquire
property and to construct and maintain any buildings,
structures, appurtenances, and facilities necessary or convenient to the health and safety and for the accommodation of
persons traveling upon state highways.
(4) The department is authorized to engage in planning
surveys and may collect, compile, and analyze statistics and
other data relative to existing and future highways and
highway needs throughout the state, and shall conduct
research, investigations, and testing as it deems necessary to
improve the methods of construction and maintenance of
highways and bridges. [1983 c 29 § 1; 1979 ex.s. c 58 § 1.]
47.01.270 Radioactive or hazardous cargo, notice of
prohibition. The department of transportation shall adopt
regulations to establish procedures for giving notice to
transporters of placarded radioactive or hazardous cargo of
times when transportation of such cargo is prohibited. [1983
c 205 § 2.]
Transportation of radioactive or hazardous cargo, prohibited, when: RCW
47.48.050.
(2002 Ed.)
47.01.250
47.01.280 Application for improvements to existing
highways. (1) Upon receiving an application for improvements to an existing state highway or highways pursuant to
RCW 43.160.074 from the community economic revitalization board, the transportation commission shall, in a timely
manner, determine whether or not the proposed state
highway improvements:
(a) Meet the safety and design criteria of the department
of transportation;
(b) Will impair the operational integrity of the existing
highway system;
(c) Will affect any other improvements planned by the
department; and
(d) Will be consistent with its policies developed
pursuant to RCW 47.01.071.
(2) Upon completion of its determination of the factors
contained in subsection (1) of this section and any other
factors it deems pertinent, the transportation commission
shall forward its approval, as submitted or amended or
disapproval of the proposed improvements to the board,
along with any recommendation it may wish to make
concerning the desirability and feasibility of the proposed
development. If the transportation commission disapproves
any proposed improvements, it shall specify its reasons for
disapproval.
(3) Upon notification from the board of an application’s
approval pursuant to RCW 43.160.074, the transportation
commission shall direct the department of transportation to
carry out the improvements in coordination with the applicant.
(4) The transportation commission shall notify the
legislative transportation committee of all state highway
improvements to be carried out pursuant to RCW 43.160.074
and this section. [1999 c 94 § 10; 1985 c 433 § 6.]
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Nonseverability—1985 c 433: See note following RCW 43.160.074.
47.01.290 Environmental review of transportation
projects. The legislature recognizes that environmental
review of transportation projects is a continuous process that
should begin at the earliest stages of planning and continue
through final project construction. Early and extensive
involvement of the relevant environmental regulatory
authorities is critical in order to avoid significant changes in
substantially completed project design and engineering. It is
the expectation of the legislature that if a comprehensive
environmental approach is integrated throughout various
transportation processes, onerous, duplicative, and timeconsuming permit processes will be minimized. [1994 c 258
§ 3; 1993 c 55 § 1.]
C a p t i o n s n o t l a w — 1 9 9 4 c 2 5 8 : See note following RCW
36.70A.420.
Statewide transportation planning: Chapter 47.06 RCW.
47.01.300 Environmental review of transportation
projects—Cooperation with other environmental regulatory authorities. The department shall, in cooperation with
environmental regulatory authorities:
[Title 47 RCW—page 7]
47.01.300
Title 47 RCW: Public Highways and Transportation
(1) Identify and document environmental resources in
the development of the statewide multimodal plan under
RCW 47.06.040;
(2) Allow for public comment regarding changes to the
criteria used for prioritizing projects under chapter 47.05
RCW before final adoption of the changes by the commission;
(3) Use an environmental review as part of the project
prospectus identifying potential environmental impacts,
mitigation, and costs during the early project identification
and selection phase, submit the prospectus to the relevant
environmental regulatory authorities, and maintain a record
of comments and proposed revisions received from the
authorities;
(4) Actively work with the relevant environmental
regulatory authorities during the design alternative analysis
process and seek written concurrence from the authorities
that they agree with the preferred design alternative selected;
(5) Develop a uniform methodology, in consultation
with relevant environmental regulatory authorities, for
submitting plans and specifications detailing project elements
that impact environmental resources, and proposed mitigation
measures, to the relevant environmental regulatory authorities
during the preliminary specifications and engineering phase
of project development;
(6) Screen construction projects to determine which
projects will require complex or multiple permits. The
permitting authorities shall develop methods for initiating
review of the permit applications for the projects before the
final design of the projects;
(7) Conduct special prebid meetings for those projects
that are environmentally complex; and
(8) Review environmental considerations related to
particular projects during the preconstruction meeting held
with the contractor who is awarded the bid. [1994 c 258 §
4.]
C a p t i o n s n o t l a w — 1 9 9 4 c 2 5 8 : See note following RCW
36.70A.420.
47.01.310 Washington fruit express account. The
Washington fruit express account is created in the state
treasury. All receipts from the operations of the Washington
fruit express program must be deposited into the account.
Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for
the operations of the Washington fruit express program and
for east-west passenger rail. [2001 2nd sp.s. c 14 § 606.]
Severability—Effective date—2001 2nd sp.s. c 14: See notes
following RCW 47.04.210.
47.01.320 Skills bank—Report. (Effective if Referendum Bill No. 51 is approved at the November 2002
general election.) The department of transportation shall
work with local transportation jurisdictions and representatives of transportation labor groups to establish a human resources skills bank of transportation professionals. The
skills bank must be designed to allow all transportation
authorities to draw from it when needed. The department
shall issue a report of findings and recommendations to the
transportation committees of the legislature by December 1,
2002. The report must include, but not be limited to,
[Title 47 RCW—page 8]
identification of any statutory or administrative rule changes
necessary to create the skills bank and allow it to function in
the manner described. [2002 c 5 § 303.]
Contingency—2002 c 5 §§ 301-308: See note following RCW
49.04.140.
Findings—Intent—2002 c 5: See note following RCW 49.04.140.
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
47.01.900 Commute trip reduction program—
Transfer from state energy office—References to director
or state energy office. (1) All powers, duties, and functions
of the state energy office pertaining to the commute trip
reduction program are transferred to the department of
transportation. All references to the director or the state
energy office in the Revised Code of Washington shall be
construed to mean the secretary or the department of
transportation when referring to the functions transferred in
this section.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the state
energy office pertaining to the powers, functions, and duties
transferred shall be delivered to the custody of the department of transportation. All cabinets, furniture, office
equipment, software, data base, motor vehicles, and other
tangible property employed by the state energy office in
carrying out the powers, functions, and duties transferred
shall be made available to the department of transportation.
All funds, credits, or other assets held in connection with the
powers, functions, and duties transferred shall be assigned to
the department of transportation.
(b) Any appropriations made to the state energy office
for carrying out the powers, functions, and duties transferred
shall, on July 1, 1996, be transferred and credited to the
department of transportation.
(c) Whenever any question arises as to the transfer of
any personnel, funds, books, documents, records, papers,
files, equipment, or other tangible property used or held in
the exercise of the powers and the performance of the duties
and functions transferred, the director of financial management shall make a determination as to the proper allocation
and certify the same to the state agencies concerned.
(3) All employees of the state energy office engaged in
performing the powers, functions, and duties transferred are
transferred to the jurisdiction of the department of transportation. All employees classified under chapter 41.06 RCW,
the state civil service law, are assigned to the department of
transportation to perform their usual duties upon the same
terms as formerly, without any loss of rights, subject to any
action that may be appropriate thereafter in accordance with
the laws and rules governing state civil service.
(4) All rules and all pending business before the state
energy office pertaining to the powers, functions, and duties
transferred shall be continued and acted upon by the department of transportation. All existing contracts and obligations, excluding personnel contracts and obligations, shall
remain in full force and shall be performed by the department of transportation.
(5) The transfer of the powers, duties, functions, and
personnel of the state energy office shall not affect the
validity of any act performed before July 1, 1996.
(2002 Ed.)
Department of Transportation
(6) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and
adjustments in funds and appropriation accounts and equipment records in accordance with the certification. [1998 c
245 § 93; 1996 c 186 § 301.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Chapter 47.02
DEPARTMENT BUILDINGS
Sections
47.02.010
47.02.020
47.02.030
47.02.040
47.02.050
47.02.060
47.02.070
47.02.080
47.02.090
47.02.100
47.02.110
47.02.120
47.02.130
47.02.140
47.02.150
47.02.160
47.02.170
47.02.190
Buildings on east capitol site authorized—Financing.
Issuance and sale of limited obligation bonds.
Bonds—Term—Terms and conditions.
Bonds—Signatures—Registration—Where payable—
Negotiable instruments.
Bonds—Denominations—Manner and terms of sale—Legal
investment for state funds.
Bonds—Bond proceeds—Deposit and use.
Bonds—Statement describing nature of obligation—Pledge
of excise taxes.
Bonds—Designation of funds to repay bonds and interest.
Bonds—Repayment procedure—Highway bond retirement
fund.
Bonds—Sums in excess of retirement requirements—Use.
Bonds—Appropriation from motor vehicle fund.
District 1 headquarters bonds—Issuance and sale.
District 1 headquarters bonds—Uses of proceeds.
District 1 headquarters bonds—Duties of state finance committee.
District 1 headquarters bonds—Proceeds, deposit and use.
District 1 headquarters bonds—Statement of general obligation—Pledge of excise taxes.
District 1 headquarters bonds—Repayment procedure—
Designated funds.
District 1 headquarters bonds—Equal charges against certain
revenues.
47.02.010 Buildings on east capitol site authorized—
Financing. The department is authorized in accordance with
the provisions of this chapter and RCW 79.24.500 through
79.24.600 to provide for the acquisition of land and the
construction of buildings, laboratories, and facilities on the
east capitol site for the use of the commission and the
department and to finance payment thereof by bonds payable
out of special funds from the proceeds of state excise taxes
on motor vehicle fuels, or by gifts, bequests, or grants or by
such additional funds as the legislature may provide. [1984
c 7 § 83; 1977 ex.s. c 235 § 14; 1965 ex.s. c 167 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.02.020 Issuance and sale of limited obligation
bonds. In order to finance the immediate acquisition and
construction of the buildings and facilities referred to in
RCW 47.02.010 there shall be issued and sold limited
obligation bonds of the state of Washington in the sum of
four million dollars, or such amount thereof and at such
times as determined to be necessary by the state highway
commission. The issuance, sale and retirement of said bonds
shall be under the supervision and control of the state
finance committee which, upon request being made by the
(2002 Ed.)
47.01.900
Washington state highway commission, shall provide for the
issuance, sale and retirement of coupon or registered bonds
to be dated, issued and sold from time to time in such
amounts as may be necessary for the orderly progress of said
project. [1965 ex.s. c 167 § 2.]
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term
"Washington state highway commission" means department of transportation; see RCW 47.04.015.
47.02.030 Bonds—Term—Terms and conditions.
Each of such bonds shall be made payable at any time not
exceeding thirty years from the date of its issuance with such
reserved rights of prior redemption, bearing such interest,
and such terms and conditions as the state finance committee
may prescribe, to be specified therein. [1965 ex.s. c 167 §
3.]
47.02.040 Bonds—Signatures—Registration—Where
payable—Negotiable instruments. The bonds shall be
signed by the governor and the state treasurer under the seal
of the state, one of which signatures shall be made manually
and the other signature may be in printed facsimile, and any
coupons attached to such bond shall be signed by the same
officers whose signatures thereon may be in printed facsimile. Any bonds may be registered in the name of the holder
on presentation to the state treasurer or at the fiscal agency
of the state of Washington in New York City, as to principal
alone, or as to both principal and interest under such
regulations as the state treasurer may prescribe. Such bonds
shall be payable at such places as the state finance committee may provide. All bonds issued hereunder shall be fully
negotiable instruments. [1965 ex.s. c 167 § 4.]
47.02.050 Bonds—Denominations—Manner and
terms of sale—Legal investment for state funds. The
bonds issued hereunder shall be in denominations to be
prescribed by the state finance committee and may be sold
in such manner and in such amounts and at such times and
on such terms and conditions as the committee may prescribe. If bonds are sold to any purchaser other than the
state of Washington, they shall be sold at public sale, and it
shall be the duty of the state finance committee to cause
such sale to be advertised in such manner as it shall deem
sufficient. Bonds issued under the provisions of this chapter
shall be legal investment for any of the funds of the state,
except the permanent school fund. [1965 ex.s. c 167 § 5.]
47.02.060 Bonds—Bond proceeds—Deposit and use.
The money arising from the sale of said bonds shall be
deposited in the state treasury to the credit of the motor
vehicle fund and such money shall be available only for the
acquisition of the land and construction of the buildings and
facilities referred to in RCW 47.02.010, and for payment of
the expenses incurred in the drafting, printing, issuance and
sale of any such bonds. [1965 ex.s. c 167 § 6.]
47.02.070 Bonds—Statement describing nature of
obligation—Pledge of excise taxes. Bonds issued under the
provisions of this chapter shall distinctly state that they are
not a general obligation of the state but are payable in the
[Title 47 RCW—page 9]
47.02.070
Title 47 RCW: Public Highways and Transportation
manner provided in this chapter from the proceeds of state
excise taxes on motor vehicle fuels imposed by chapter
82.36 and *chapter 82.40 RCW. The proceeds of such
excise taxes are hereby pledged to the payment of any bonds
and the interest thereon issued under the provisions of this
chapter and the legislature hereby agrees to continue to
impose the same excise taxes on motor vehicle fuels in
amounts sufficient to pay, when due, the principal and
interest on all bonds issued under the provisions of this
chapter. [1965 ex.s. c 167 § 7.]
*Reviser’s note: Chapter 82.40 RCW was repealed by 1971 ex.s. c
175 § 33; for later enactment, see chapter 82.38 RCW.
47.02.080 Bonds—Designation of funds to repay
bonds and interest. Any funds required to repay such
bonds, or the interest thereon when due, shall be taken from
that portion of the motor vehicle fund which results from the
imposition of excise taxes on motor vehicle fuels and which
is, or may be appropriated to the department for state
highway purposes, and shall never constitute a charge against
any allocations of such funds to counties, cities, and towns
unless and until the amount of the motor vehicle fund arising
from the excise taxes on motor vehicle fuels and available
for state highway purposes proves insufficient to meet the
requirements for bond retirement or interest on any such
bonds. [1984 c 7 § 84; 1965 ex.s. c 167 § 8.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.02.090 Bonds—Repayment procedure—Highway
bond retirement fund. At least one year prior to the date
any interest is due and payable on such bonds or before the
maturity date of any bonds, the state finance committee shall
estimate the percentage of the receipts in money of the
motor vehicle fund, resulting from collection of excise taxes
on motor vehicle fuels, for each month of the year which
will be required to meet interest or bond payments under the
provisions of this chapter when due, and shall notify the
state treasurer of such estimated requirement. The state
treasurer shall thereafter from time to time each month as
such funds are paid into the motor vehicle fund, transfer
such percentage of the monthly receipts from excise taxes on
motor vehicle fuels of the motor vehicle fund to the highway
bond retirement fund, which fund shall be available solely
for payment of such interest or bonds when due. If in any
month it shall appear that the estimated percentage of money
so made is insufficient to meet the requirements for interest
or bond retirement, the treasurer shall notify the state finance
committee forthwith and such committee shall adjust its
estimates so that all requirements for interest and principal
of all bonds issued shall be fully met at all times. [1965
ex.s. c 167 § 9.]
47.02.100 Bonds—Sums in excess of retirement
requirements—Use. Whenever the percentage of the motor
vehicle fund arising from excise taxes on motor fuels
payable into the highway bond retirement fund shall prove
more than is required for the payment of interest on bonds
when due or current retirement of bonds, or in the event
there is appropriated from time to time additional amounts
to be placed in the said bond retirement fund, any excess
may, in the discretion of the state finance committee, be
[Title 47 RCW—page 10]
available for the prior redemption of any bonds or remain
available in the fund to reduce the requirements upon the
fuel excise tax portion of the motor vehicle fund at the next
interest or bond payment period. [1965 ex.s. c 167 § 10.]
47.02.110 Bonds—Appropriation from motor
vehicle fund. There is hereby appropriated from the motor
vehicle fund to the state highway commission for the
biennium ending June 30, 1967, the sum of four million
dollars, or so much thereof as may be necessary to carry out
the provisions of this chapter, but no money shall be
available under this appropriation from said fund unless a
like amount of bonds provided for herein are sold and the
money derived therefrom deposited to the credit of such
fund. [1965 ex.s. c 167 § 11.]
47.02.120 District 1 headquarters bonds—Issuance
and sale. For the purpose of providing funds for the
acquisition of headquarters facilities for district 1 of the
department of transportation and costs incidental thereto,
together with all improvements and equipment required to
make the facilities suitable for the department’s use, there
shall be issued and sold upon the request of the Washington
transportation commission a total of fifteen million dollars of
general obligation bonds of the state of Washington. [1990
c 293 § 1.]
Severability—1990 c 293: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 293 § 10.]
47.02.130 District 1 headquarters bonds—Uses of
proceeds. Authorized uses of proceeds from the sale of
bonds authorized in RCW 47.02.120 through 47.02.190
include but are not limited to repayment to the motor vehicle
fund for the initial financing of the headquarters facilities.
[1999 c 94 § 11; 1990 c 293 § 2.]
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Severability—1990 c 293: See note following RCW 47.02.120.
47.02.140 District 1 headquarters bonds—Duties of
state finance committee. Upon the request of the transportation commission, the state finance committee shall supervise and provide for the issuance, sale, and retirement of the
bonds authorized by RCW 47.02.120 through 47.02.190 in
accordance with chapter 39.42 RCW. Bonds authorized by
RCW 47.02.120 through 47.02.190 shall be sold in such
manner, at such time or times, in such amounts, and at such
price as the state finance committee shall determine. Except
for the purpose of repaying the loan from the motor vehicle
fund, no such bonds may be offered for sale without prior
legislative appropriation of the net proceeds of the sale of
the bonds.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the
purpose of retiring the bonds during the life of the project
for which they were issued. [1990 c 293 § 3.]
Severability—1990 c 293: See note following RCW 47.02.120.
(2002 Ed.)
Department Buildings
47.02.150 District 1 headquarters bonds—Proceeds,
deposit and use. The proceeds from the sale of bonds
authorized by RCW 47.02.120 through 47.02.190 shall be
available only for the purposes enumerated in RCW
47.02.120 and 47.02.130; for the payment of bond anticipation notes, if any; and for the payment of bond issuance
costs, including the costs of underwriting. Proceeds shall be
deposited in the motor vehicle fund. [1999 c 94 § 12; 1990
c 293 § 4.]
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Severability—1990 c 293: See note following RCW 47.02.120.
47.02.160 District 1 headquarters bonds—Statement
of general obligation—Pledge of excise taxes. Bonds
issued under the authority of RCW 47.02.120 through
47.02.190 shall distinctly state that they are a general
obligation of the state of Washington, shall pledge the full
faith and credit of the state to the payment of the principal
thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the
same shall become due. The principal and interest on the
bonds shall be first payable in the manner provided in RCW
47.02.120 through 47.02.190 from the proceeds of the state
excise taxes on motor vehicle and special fuels imposed by
chapters 82.36 and 82.38 RCW. Proceeds of such excise
taxes are hereby pledged to the payment of any bonds and
the interest thereon issued under the authority of RCW
47.02.120 through 47.02.190, and the legislature agrees to
continue to impose these excise taxes on motor vehicle and
special fuels in amounts sufficient to pay, when due, the
principal and interest on all bonds issued under the authority
of RCW 47.02.120 through 47.02.190. [1995 c 274 § 5;
1990 c 293 § 5.]
Severability—1990 c 293: See note following RCW 47.02.120.
47.02.170 District 1 headquarters bonds—
Repayment procedure—Designated funds. Both principal
and interest on the bonds issued for the purposes of RCW
47.02.120 through 47.02.190 shall be payable from the
highway bond retirement fund. The state finance committee
may provide that a special account be created in the fund to
facilitate payment of the principal and interest. The state
finance committee shall, on or before June 30th of each year,
certify to the state treasurer the amount required for principal
and interest on the bonds in accordance with the bond
proceedings. The state treasurer shall withdraw revenues
from the motor vehicle fund and deposit in the highway
bond retirement fund, or a special account in the fund, such
amounts, and at such times, as are required by the bond
proceedings.
Any funds required for bond retirement or interest on
the bonds authorized by RCW 47.02.120 through 47.02.190
shall be taken from that portion of the motor vehicle fund
that results from the imposition of excise taxes on motor
vehicle and special fuels and that is distributed to the state
under RCW 46.68.130. Funds required shall never constitute
a charge against any other allocations of motor vehicle fuel
and special fuel tax revenues to the state, counties, cities,
and towns unless the amount arising from excise taxes on
motor vehicle and special fuels distributed to the state under
(2002 Ed.)
47.02.150
RCW 46.68.130 proves insufficient to meet the requirements
for bond retirement or interest on any such bonds. [1990 c
293 § 6.]
Severability—1990 c 293: See note following RCW 47.02.120.
47.02.190 District 1 headquarters bonds—Equal
charges against certain revenues. Bonds issued under the
authority of RCW 47.02.120 through *47.02.180 and this
section and any other general obligation bonds of the state
of Washington that have been or that may be authorized and
that pledge motor vehicle and special fuels excise taxes for
the payment of principal and interest thereon shall be an
equal charge against the revenues from such motor vehicle
and special fuels excise taxes. [1990 c 293 § 8.]
*Reviser’s note: RCW 47.02.180 was repealed by 1999 c 94 § 33,
effective July 1, 1999.
Severability—1990 c 293: See note following RCW 47.02.120.
Chapter 47.04
GENERAL PROVISIONS
Sections
47.04.010
47.04.015
47.04.020
47.04.040
47.04.050
47.04.060
47.04.070
47.04.080
47.04.081
Definitions.
Change of meaning, certain terms.
Classification of highways.
Title to rights of way vested in state.
Acceptance of federal acts.
Administration of federal grants.
Conformity with federal requirements.
Joint action with other governments and agencies.
Urban public transportation systems—Participation in planning, development, and establishment.
47.04.082 Urban public transportation systems—Defined.
47.04.083 Urban public transportation systems—Declaration of public
policy—Use of motor vehicle, city street, or county road
funds.
47.04.090 Penalty.
47.04.100 Temporary route pending construction of new highway—
Streets, roads not to be maintained as.
47.04.140 Counties obtaining federal aid for construction, reconstruction, etc., of ferry boats or approaches.
47.04.150 Outstanding bonds—Savings.
47.04.160 Lewis and Clark bridge.
47.04.170 Federal agreements for public transportation, rail transportation.
47.04.180 Twenty-four hour headlight policy.
47.04.190 Bicycle transportation management program.
47.04.200 Bicycle program manager.
47.04.210 Reimbursable transportation expenditures—Processing and
accounting.
47.04.220 Miscellaneous transportation programs account.
47.04.230 Dredge spoils—Cowlitz County.
47.04.235 Dredge spoils—Castle Rock.
47.04.240 Public transportation information—Confidentiality.
47.04.250 Assaults by motorists on department employees.
Mobile home or park model trailer movement permits and decals: RCW
46.44.170, 46.44.175.
47.04.010 Definitions. The following words and
phrases, wherever used in this title, shall have the meaning
as in this section ascribed to them, unless where used the
context thereof shall clearly indicate to the contrary or unless
otherwise defined in the chapter of which they are a part:
(1) "Alley." A highway within the ordinary meaning of
alley not designated for general travel and primarily used as
a means of access to the rear of residences and business
establishments;
[Title 47 RCW—page 11]
47.04.010
Title 47 RCW: Public Highways and Transportation
(2) "Arterial highway." Every highway, as herein
defined, or portion thereof designated as such by proper
authority;
(3) "Business district." The territory contiguous to and
including a highway, as herein defined, when within any six
hundred feet along such highway there are buildings in use
for business or industrial purposes, including but not limited
to hotels, banks, or office buildings, railroad stations, and
public buildings which occupy at least three hundred feet of
frontage on one side or three hundred feet collectively on
both sides of the highway;
(4) "Center line." The line, marked or unmarked
parallel to and equidistant from the sides of a two-way
traffic roadway of a highway except where otherwise indicated by painted lines or markers;
(5) "Center of intersection." The point of intersection
of the center lines of the roadways of intersecting highways;
(6) "City street." Every highway as herein defined, or
part thereof located within the limits of incorporated cities
and towns, except alleys;
(7) "Combination of vehicles." Every combination of
motor vehicle and motor vehicle, motor vehicle and trailer,
or motor vehicle and semitrailer;
(8) "Commercial vehicle." Any vehicle the principal
use of which is the transportation of commodities, merchandise, produce, freight, animals, or passengers for hire;
(9) "County road." Every highway as herein defined, or
part thereof, outside the limits of incorporated cities and
towns and which has not been designated as a state highway,
or branch thereof;
(10) "Crosswalk." The portion of the roadway between
the intersection area and a prolongation or connection of the
farthest sidewalk line or in the event there are no sidewalks
then between the intersection area and a line ten feet
therefrom, except as modified by a marked crosswalk;
(11) "Intersection area." (a) The area embraced within
the prolongation or connection of the lateral curb lines, or,
if none, then the lateral boundary lines of the roadways of
two or more highways which join one another at, or approximately at, right angles, or the area within which vehicles
traveling upon different highways joining at any other angle
may come in conflict;
(b) Where a highway includes two roadways thirty feet
or more apart, then every crossing of each roadway of such
divided highway by an intersecting highway shall be
regarded as a separate intersection. In the event such
intersecting highway also includes two roadways thirty feet
or more apart, then every crossing of two roadways of such
highways shall be regarded as a separate intersection;
(c) The junction of an alley with a street or highway
shall not constitute an intersection;
(12) "Intersection control area." The intersection area
as herein defined, together with such modification of the
adjacent roadway area as results from the arc or curb corners
and together with any marked or unmarked crosswalks adjacent to the intersection;
(13) "Laned highway." A highway the roadway of
which is divided into clearly marked lanes for vehicular
traffic;
(14) "Local authorities." Every county, municipal, or
other local public board or body having authority to adopt
[Title 47 RCW—page 12]
local police regulations under the Constitution and laws of
this state;
(15) "Marked crosswalk." Any portion of a roadway
distinctly indicated for pedestrian crossing by lines or other
markings on the surface thereof;
(16) "Metal tire." Every tire, the bearing surface of
which in contact with the highway is wholly or partly of
metal or other hard, nonresilient material;
(17) "Motor truck." Any motor vehicle, as herein
defined, designed or used for the transportation of commodities, merchandise, produce, freight, or animals;
(18) "Motor vehicle." Every vehicle, as herein defined,
which is in itself a self-propelled unit;
(19) "Multiple lane highway." Any highway the
roadway of which is of sufficient width to reasonably
accommodate two or more separate lanes of vehicular traffic
in the same direction, each lane of which shall be not less
than the maximum legal vehicle width, and whether or not
such lanes are marked;
(20) "Operator." Every person who drives or is in
actual physical control of a vehicle as herein defined;
(21) "Peace officer." Any officer authorized by law to
execute criminal process or to make arrests for the violation
of the statutes generally or of any particular statute or
statutes relative to the highways of this state;
(22) "Pedestrian." Any person afoot;
(23) "Person." Every natural person, firm, copartnership, corporation, association, or organization;
(24) "Pneumatic tires." Every tire of rubber or other
resilient material designed to be inflated with compressed air
to support the load thereon;
(25) "Private road or driveway." Every way or place in
private ownership and used for travel of vehicles by the
owner or those having express or implied permission from
the owner, but not by other persons;
(26) "Highway." Every way, lane, road, street, boulevard, and every way or place in the state of Washington
open as a matter of right to public vehicular travel both
inside and outside the limits of incorporated cities and
towns;
(27) "Railroad." A carrier of persons or property upon
vehicles, other than street cars, operated upon stationary
rails, the route of which is principally outside incorporated
cities and towns;
(28) "Railroad sign or signal." Any sign, signal, or
device erected by authority of a public body or official or by
a railroad and intended to give notice of the presence of
railroad tracks or the approach of a railroad train;
(29) "Residence district." The territory contiguous to
and including the highway, as herein defined, not comprising
a business district, as herein defined, when the property on
such highway for a continuous distance of three hundred feet
or more on either side thereof is in the main improved with
residences or residences and buildings in use for business;
(30) "Roadway." The paved, improved, or proper
driving portion of a highway designed, or ordinarily used for
vehicular travel;
(31) "Safety zone." The area or space officially set
apart within a roadway for the exclusive use of pedestrians
and which is protected or is marked or indicated by painted
marks, signs, buttons, standards, or otherwise so as to be
plainly discernible;
(2002 Ed.)
General Provisions
(32) "Sidewalk." That property between the curb lines
or the lateral lines of a roadway, as herein defined, and the
adjacent property, set aside and intended for the use of
pedestrians or such portion of private property parallel and
in proximity to a highway and dedicated to use by pedestrians;
(33) "Solid tire." Every tire of rubber or other resilient
material which does not depend upon inflation with compressed air for the support of the load thereon;
(34) "State highway." Every highway as herein defined,
or part thereof, which has been designated as a state highway, or branch thereof, by legislative enactment;
(35) "Street car." A vehicle other than a train, as herein
defined, for the transporting of persons or property and
operated upon stationary rails principally within incorporated
cities and towns;
(36) "Traffic." Pedestrians, ridden or herded animals,
vehicles, street cars, and other conveyances either singly or
together while using any highways for purposes of travel;
(37) "Traffic control signal." Any traffic device, as
herein defined, whether manually, electrically, or mechanically operated, by which traffic alternately is directed to stop
or proceed or otherwise controlled;
(38) "Traffic devices." All signs, signals, markings, and
devices not inconsistent with this title placed or erected by
authority of a public body or official having jurisdiction, for
the purpose of regulating, warning, or guiding traffic;
(39) "Train." A vehicle propelled by steam, electricity,
or other motive power with or without cars coupled thereto,
operated upon stationary rails, except street cars;
(40) "Vehicle." Every device capable of being moved
upon a highway and in, upon, or by which any person or
property is or may be transported or drawn upon a highway,
excepting devices moved by human or animal power or used
exclusively upon stationary rails or tracks.
Words and phrases used herein in the past, present, or
future tense shall include the past, present, and future tenses;
words and phrases used herein in the masculine, feminine, or
neuter gender shall include the masculine, feminine, and
neuter genders; and words and phrases used herein in the
singular or plural shall include the singular and plural; unless
the context thereof shall indicate to the contrary. [1975 c 62
§ 50; 1967 ex.s. c 145 § 42; 1961 c 13 § 47.04.010. Prior:
1937 c 53 § 1; RRS § 6400-1.]
Severability—1975 c 62: See note following RCW 36.75.010.
Aeronautics, definitions relating to: RCW 47.68.020.
Canal, defined: RCW 47.72.060.
Department, commission, secretary—Defined: RCW 47.01.021.
Ferry workers, marine employees, definitions relating to: RCW 47.64.011.
Junkyards, definitions relating to: RCW 47.41.020.
Limited access facilities, definitions relating to: RCW 46.52.010.
Signs and scenic vistas, definitions relating to: RCW 47.42.020.
Toll bridges, roads, definitions relating to: RCW 47.56.010.
Urban arterials, definitions relating to: RCW 47.26.040, 47.26.090,
47.26.100, 47.26.110.
Urban public transportation systems—Defined: RCW 47.04.082.
47.04.015 Change of meaning, certain terms.
Unless the language specifically indicates otherwise, or
unless the context plainly requires a different interpretation:
(2002 Ed.)
47.04.010
Wherever in Title 47 RCW or in any provision in the
Revised Code of Washington the term "Washington state
highway commission", "the state highway commission", "the
highway commission", "the commission" (when referring to
the Washington state highway commission), "the department
of highways", "Washington toll bridge authority", or "the
authority" (when referring to the Washington toll bridge authority) is used, it shall mean the department of transportation created in RCW 47.01.031.
Wherever in Title 47 RCW or in any provision in the
Revised Code of Washington the term "director of highways" is used, it shall mean the secretary of transportation,
whose office is created in RCW 47.01.041. [1977 ex.s. c
151 § 23.]
47.04.020 Classification of highways. All public
highways in the state of Washington, or portions thereof,
outside incorporated cities and towns shall be divided and
classified as state highways and county roads. All state
highways and branches thereof shall be established by the
legislature of the state of Washington by appropriate general
location and termini. Any prior distinctions between
highways as primary or secondary are hereby abolished. All
powers granted to, or duties imposed upon, the department
with regard to either primary or secondary state highways
shall be construed to relate to all state highways. Whenever
these terms are used, either jointly or independently, each
shall be construed to include all state highways. All public
highways in the state of Washington, or portions thereof,
outside incorporated cities and towns, not established as state
highways, are hereby declared to be county roads. [1984 c
7 § 85; 1967 ex.s. c 145 § 41; 1963 c 24 § 3; 1961 c 13 §
47.04.020. Prior: 1937 c 207 § 1; RRS § 6402-1; 1937 c
53 § 5; RRS § 6400-5; 1913 c 65 § 1; RRS § 6790.]
Severability—1984 c 7: See note following RCW 47.01.141.
Highway designation system—Signs: RCW 47.36.095.
47.04.040 Title to rights of way vested in state.
Upon and after April 1, 1937, all rights of way of any
primary state highways, together with all appurtenances
thereto, the right or interest in or to which was, or is, in any
county, road district, township, local improvement district, or
other highway or road district or political subdivision of the
state of Washington shall be and the same is hereby transferred to and vested in the state of Washington for use in
conjunction with such primary state highways under the
department of transportation.
All public highways in the state of Washington which
have been designated to be primary state highways or
secondary state highways or classified as primary roads and
which have been constructed and improved and maintained
for a period of seven years prior to April 1, 1937, at the
expense of the state shall operate to vest in the state of
Washington all right, title, and interest to the right of ways
thereof, including the roadway and ditches and existing
drainage facilities, together with all appurtenances thereto
and no informalities in the records of title to such public
highways shall be construed to invalidate or vacate such
public highways or to divest the state of Washington of any
right, title and interest in the right of way thereof. [1979
[Title 47 RCW—page 13]
47.04.040
Title 47 RCW: Public Highways and Transportation
ex.s. c 30 § 7; 1961 c 13 § 47.04.040. Prior: 1937 c 53 §
29; RRS § 6400-29.]
47.04.050 Acceptance of federal acts. The state of
Washington hereby assents to the purposes, provisions, terms
and conditions of the grant of money provided in an act of
congress entitled: "An act to provide that the United States
shall aid the states in the construction of rural post roads,
and for other purposes," approved July 11, 1916, and all
acts, grants and appropriations amendatory and supplementary thereto and affecting the state of Washington. [1961 c 13
§ 47.04.050. Prior: 1937 c 53 § 43; RRS § 6400-43; 1917
c 76 § 1; RRS § 6844.]
47.04.060 Administration of federal grants. The
department is authorized and directed to act for and on
behalf of the state of Washington, and any political subdivision of the state, in all things pertaining to the selection,
construction, and maintenance of highways and roads under
the provisions of the act of congress approved July 11, 1916,
and any and all acts amendatory thereto; and to enter into
such agreement with the secretary of transportation or other
duly authorized agent of the United States as may from time
to time be desirable or necessary to secure the money or aid
for any section of state highway, county road, or city or
town street selected by law for construction or improvement
through an appropriation for the period in which the construction or improvement is to be made. The money shall be
added to and expended in connection with the appropriation
aforesaid; and shall apply thereto, as may be required,
cooperative expenditures from the motor vehicle fund, which
may have been appropriated by the state legislature, and
from any highway, road, or street fund of any political
subdivision, and which are available for the construction and
maintenance of any section of state highway, county road, or
city or town street selected as aforesaid for such aid and
improvement. [1984 c 7 § 86; 1961 c 13 § 47.04.060.
Prior: 1937 c 53 § 47; RRS § 6400-47; 1917 c 76 § 5, part;
RRS § 6848, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.04.070 Conformity with federal requirements.
In all matters relating to the cooperative construction or
improvement of any state highway, county road, or city or
town street for which federal funds or aid is secured under
any act of congress, the department shall act in the manner
provided by state law relating to state highway construction
from the motor vehicle fund, so far as the same may be
consistent with the provisions of such act of congress and
the rules and regulations made by the secretary of transportation or other authorized agent of the United States government pursuant to such act, to which the procedure shall be
adapted by the department as may be necessary. [1984 c 7
§ 87; 1961 c 13 § 47.04.070. Prior: 1937 c 53 § 44; RRS
§ 6400-44; 1917 c 76 § 5, part; RRS § 6848, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.04.080 Joint action with other governments and
agencies. The department is empowered to join financially
or otherwise with any other state or any county, city, or
town of any other state, or with any foreign country, or any
[Title 47 RCW—page 14]
province or district of any foreign country, or with the
federal government or any agency thereof, or with any or all
thereof, for the erecting, constructing, operating, or maintaining of any bridge, trestle, or any other structure, for the
continuation or connection of any state highway across any
stream, body of water, gulch, navigable water, swamp, or
other topographical formation requiring any such structure
and forming a boundary between the state of Washington
and any other state or foreign country, and for the purchase
or condemnation of right of way therefor. [1984 c 7 § 88;
1973 1st ex.s. c 151 § 11; 1961 c 13 § 47.04.080. Prior:
1937 c 53 § 47 1/2; RRS § 6400-47 1/2.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.04.081 Urban public transportation systems—
Participation in planning, development, and establishment. The department is empowered to join financially or
otherwise with any public agency or any county, city, or
town in the state of Washington or any other state, or with
the federal government or any agency thereof, or with any
or all thereof for the planning, development, and establishment of urban public transportation systems in conjunction
with new or existing highway facilities. [1984 c 7 § 89;
1967 c 108 § 13; 1965 ex.s. c 170 § 63.]
Severability—1984 c 7: See note following RCW 47.01.141.
Urban public transportation system defined: RCW 47.04.082.
47.04.082 Urban public transportation systems—
Defined. As used in this act the term "urban public transportation system" shall mean a system for the public transportation of persons or property by buses, street cars, trains,
electric trolley coaches, other public transit vehicles, or any
combination thereof operating in or through predominantly
urban areas and owned and operated by the state, any city or
county or any municipal corporation of the state, including
all structures, facilities, vehicles and other property rights
and interest forming a part of such a system. [1967 c 108
§ 1.]
Reviser’s note: The term "this act" refers to 1967 c 108, codified as
RCW 47.04.082, 47.04.083, 47.98.044, and the 1967 amendments to RCW
47.04.081, 47.08.070, 47.12.010, 47.12.250, 47.28.140, 47.44.010,
47.44.040, 47.48.010, 47.52.010, 47.52.090, and 47.56.256.
47.04.083 Urban public transportation systems—
Declaration of public policy—Use of motor vehicle, city
street, or county road funds. The separate and uncoordinated development of public highways and urban public
transportation systems is wasteful of this state’s natural and
financial resources. It is the public policy of this state to
encourage wherever feasible the joint planning, construction
and maintenance of public highways and urban public
transportation systems serving common geographical areas
as joint use facilities. To this end the legislature declares it
to be a highway purpose to use motor vehicle funds, city and
town street funds or county road funds to pay the full
proportionate highway, street or road share of the costs of
design, right of way acquisition, construction and maintenance of any highway, street or road to be used jointly with
an urban public transportation system. [1967 c 108 § 2.]
(2002 Ed.)
General Provisions
47.04.090 Penalty. It is a misdemeanor for any
person to violate any of the provisions of this title unless
specifically provided otherwise by this title or other law of
this state.
Unless another penalty is provided in this title, every
person convicted of a misdemeanor for violation of any
provisions of this title shall be punished in accordance with
chapter 9A.20 RCW. [1989 c 224 § 2; 1961 c 13 §
47.04.090. Prior: 1937 c 53 § 95; RRS § 6400-95.]
47.04.100 Temporary route pending construction of
new highway—Streets, roads not to be maintained as.
Unless otherwise provided, whenever by statute a new
highway or extension is added to the state highway system,
no existing city street or county road may be maintained or
improved by the department as a temporary route of such
new highway or extension pending the construction of the
new highway or extension on the location adopted by the
department. [1984 c 7 § 90; 1973 1st ex.s. c 151 § 12; 1965
ex.s. c 170 § 34.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.04.140 Counties obtaining federal aid for
construction, reconstruction, etc., of ferry boats or
approaches. Whenever a county that operates or proposes
to operate ferries obtains federal aid for the construction,
reconstruction, or modification of any ferry boat or approaches thereto under Title 23, United States Code, the
following provisions apply to the county’s operation of its
ferries:
(1) The county shall obtain from the department a
franchise authorizing the ferry operations. The county’s
application for a franchise or amended franchise shall
designate all ferry routes it proposes to operate. The department shall issue the franchise or amended franchise for the
operation of each route that it finds is not otherwise served
by adequate transportation facilities. A county may terminate any ferry route without approval of the department.
(2) At least ninety days before applying for federal aid
for the construction, reconstruction, or modification of any
of its ferries or approaches thereto, and thereafter whenever
new tolls or charges are proposed for use of its ferries, the
county shall file with the department, the current or proposed
schedule of tolls and charges for use of its ferries. Such
tolls and charges shall be deemed approved by the department unless it finds that the aggregate revenues to be derived
from the county’s ferry operations will exceed the amount
required to pay the actual and necessary costs of operation,
maintenance, administration, and repair of the county’s
ferries and their appurtenances. [1989 c 62 § 1; 1984 c 7 §
91; 1975-’76 2nd ex.s. c 65 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.04.150 Outstanding bonds—Savings. While any
bonds, whether definitive, temporary, or interim, or warrants,
certificates, or receipts of any denomination, with or without
coupons attached heretofore issued by the state aeronautics
commission, the toll bridge authority, the highway commission, or any of the other agencies whose functions are
transferred to the department of transportation by RCW
47.01.031, remain outstanding, the powers and duties relating
(2002 Ed.)
47.04.090
thereto of such agencies or of any official or employee
thereof transferred by *RCW 47.01.111 to the department of
transportation, or any powers and duties of any other state
official or state agency with respect to such bonds, warrants,
certificates, or receipts shall not be diminished or impaired
in any manner that will adversely affect the interests and
rights of the holders of such bonds, warrants, certificates, or
receipts. The holder of any such bond, warrant, certificate,
or receipt may by mandamus or other appropriate proceeding
require the performance by the department of transportation,
or other appropriate state official or agency, of any of the
duties heretofore imposed upon any state department,
official, or employee under the terms of any such prior bond,
warrant, certificate, or receipt agreement or sale: PROVIDED, That the enumeration of such rights and remedies herein
shall not be deemed to exclude the exercise or prosecution
of any other rights or remedies by the holders of such bonds,
warrants, certificates, or receipts. [1977 ex.s. c 151 § 19.]
*Reviser’s note: RCW 47.01.111 was decodified pursuant to 1985
c 6 § 26.
47.04.160 Lewis and Clark bridge. In commemoration of the 175th anniversary of captains Meriwether Lewis
and William Clark’s epic journey from Wood River, Illinois,
to Cape Disappointment, Washington, and to fully honor the
expedition’s passing the present location of the city of
Longview, Washington, in November, 1805, and to couple
this commemoration with the dedication of the bridge from
Longview, Washington, to Rainier, Oregon, on March 29,
1930, the official name of this bridge is changed from the
Longview-Columbia bridge to the Lewis and Clark bridge.
[1980 c 5 § 1.]
47.04.170 Federal agreements for public transportation, rail transportation. The department of transportation
is authorized to enter into and perform agreements with
federal agencies as may be necessary to secure federal
grants, loans, or other assistance on its own behalf or on
behalf of other public or private recipients for:
(1) Public transportation purposes, including but not
limited to, bus transportation, specialized transportation
services for the elderly and handicapped, and ride sharing
activities; and
(2) Rail transportation. [1985 c 20 § 1.]
47.04.180 Twenty-four hour headlight policy. On
the recommendation of their public works departments or
designees, counties or cities can petition the department of
transportation to create a "twenty-four hour headlight policy"
on state highways in their respective jurisdictions. The
department shall develop criteria for approval or disapproval,
such as traffic volume, accident statistics, and costs of signs.
The department shall notify all counties about this program.
A jurisdiction requesting such a policy shall periodically
report to the department regarding its educational efforts. A
jurisdiction may petition the department to remove such a
policy.
The jurisdiction shall educate its citizens on the "twentyfour hour headlight policy." The department shall place and
maintain appropriate signs along the designated highway.
Participating jurisdictions shall share in the cost of signing
[Title 47 RCW—page 15]
47.04.180
Title 47 RCW: Public Highways and Transportation
in an amount as determined by the department. [1998 c 245
§ 94; 1989 c 195 § 1.]
47.04.190 Bicycle transportation management
program. (1) The department of transportation is responsible for the initiation, coordination, and operation of a bicycle
transportation management program.
(2) To assist in the operation of the bicycle transportation management program, a full-time staff position of state
bicycle program manager is established within the department of transportation. [1991 c 214 § 5.]
Bicycle awareness program: RCW 43.43.390.
Pavement marking standards: RCW 47.36.280.
47.04.200 Bicycle program manager. The state
bicycle program manager shall:
(1) Design programs that encourage the use of bicycling
for transportation;
(2) Coordinate bicycle safety related programs and
bicycle tourism programs in all state agencies;
(3) Assist the department of transportation and the cities
and counties of the state in assigning priorities to, programming, and developing bicycle-related projects;
(4) Serve as a clearinghouse for bicycle program
information and resources;
(5) Provide assistance in revising and updating bicycle
material of the superintendent of public instruction and the
state patrol;
(6) Promote the use of bicycle helmets of a type
certified to meet the requirements of standard Z-90.4 of the
American National Standards Institute or such subsequent
nationally recognized standard for bicycle helmet performance; and
(7) Promote bicycle safety equipment. [1991 c 214 §
6.]
47.04.210 Reimbursable transportation expenditures—Processing and accounting. Federal funds that are
administered by the department of transportation and are
passed through to municipal corporations or political subdivisions of the state and moneys that are received as total
reimbursement for goods, services, or projects constructed by
the department of transportation are removed from the
transportation budget. To process and account for these
expenditures a new treasury trust account is created to be
used for all department of transportation one hundred percent
federal and local reimbursable transportation expenditures.
This new account is nonbudgeted and nonappropriated. At
the same time, federal and private local appropriations and
full-time equivalents in subprograms R2, R3, T6, Y6, and Z2
processed through this new account are removed from the
department of transportation’s 1997-99 budget.
The department of transportation may make expenditures from the account before receiving federal and local
reimbursements. However, at the end of each biennium, the
account must maintain a zero or positive cash balance. In
the twenty-fourth month of each biennium the department of
transportation shall calculate and transfer sufficient cash
from either the motor vehicle fund or the multimodal
transportation account to cover any negative cash balances.
The amount transferred is calculated based on expenditures
[Title 47 RCW—page 16]
from each fund. In addition, any interest charges accruing
to the new account must be distributed to the motor vehicle
fund and the multimodal transportation account.
The department of transportation shall provide an annual
report to the legislative transportation committee and the
office of financial management on expenditures and full-time
equivalents processed through the new account. The report
must also include recommendations for process changes, if
needed. [2001 2nd sp.s. c 14 § 601; 1997 c 94 § 1.]
Severability—2001 2nd sp.s. c 14: "If any provision of this act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [2001 2nd sp.s. c 14 § 612.]
Effective date—2001 2nd sp.s. c 14: "Except for section 608 of this
act, this act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and takes effect immediately [June 26, 2001]." [2001 2nd sp.s.
c 14 § 613.]
Effective date—1997 c 94: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 94 § 4.]
47.04.220 Miscellaneous transportation programs
account. (1) The miscellaneous transportation programs
account is created in the custody of the state treasurer.
(2) Moneys from the account may be used only for the
costs of:
(a) Miscellaneous transportation services provided by
the department that are reimbursed by other public and
private entities;
(b) Local transportation projects for which the department is a conduit for federal reimbursement to a municipal
corporation or political subdivision; or
(c) Other reimbursable activities as recommended by the
legislative transportation committee and approved by the
office of financial management.
(3) Moneys received as reimbursement for expenditures
under subsection (2) of this section must be deposited into
the account.
(4) No appropriation is required for expenditures from
this account. This fund is not subject to allotment procedures provided under chapter 43.88 RCW.
(5) Only the secretary of transportation or the
secretary’s designee may authorize expenditures from the
account.
(6) It is the intent of the legislature that this account
maintain a zero or positive cash balance at the end of each
biennium. Toward this purpose the department may make
expenditures from the account before receiving reimbursements under subsection (2) of this section. Before the end
of the biennium, the department shall transfer sufficient cash
to cover any negative cash balances from the motor vehicle
fund and the multimodal transportation account to the
miscellaneous transportation programs account for unrecovered reimbursements. The department shall calculate the
distribution of this transfer based on expenditures. In the
ensuing biennium the department shall transfer the reimbursements received in the miscellaneous transportation
programs account back to the motor vehicle fund and the
multimodal transportation account to the extent of the cash
transferred at biennium end. The department shall also
distribute any interest charges accruing to the miscellaneous
(2002 Ed.)
General Provisions
transportation programs account to the motor vehicle fund
and the multimodal transportation account. Adjustments for
any indirect cost recoveries may also be made at this time.
(7) The department shall provide an annual report to the
legislative transportation committee and the office of
financial management on the expenditures and full-time
equivalents processed through the miscellaneous transportation programs account. The report must also include
recommendations for changes to the process, if needed.
[2001 2nd sp.s. c 14 § 602; 1997 c 94 § 2.]
Severability—Effective date—2001 2nd sp.s. c 14: See notes
following RCW 47.04.210.
Effective date—1997 c 94: See note following RCW 47.04.210.
47.04.230 Dredge spoils—Cowlitz County. The
legislature finds and declares that the December 19, 1991,
Washington state conveyance of the Mt. St. Helens Recovery
Program, LT-1 and Cook Ferry Road Sites, to Cowlitz County, should be amended to enable Cowlitz County to use
dredge spoils revenues for recreational purposes throughout
the county.
The legislature further declares that the department of
transportation shall execute sufficient legal release to
accomplish the following:
(1) Dredge spoil revenues from either the LT-1 or Cook
Ferry Road Site must be dedicated for recreational facilities
and recreational administration costs throughout the county;
(2) Any mining excavation must meet the requirements
of the Shoreline Management Act of 1971 as identified in
chapter 90.58 RCW;
(3) Both the LT-1 and Cook Ferry Road Site must be
preserved as a long-term dredging facility;
(4) All other requirements in the December 19, 1991,
conveyance between the state of Washington and Cowlitz
County will remain in effect; and
(5) The LT-1 and Cook Ferry Road Site remains subject
to any agreements with the United States Army Corps of
Engineers and other agencies of the federal government.
[1999 c 63 § 1.]
47.04.235 Dredge spoils—Castle Rock. The legislature finds and declares that the December 20, 1993, Washington state conveyance of the Mt. St. Helens recovery
program, CR601F site, to the city of Castle Rock, should be
amended to enable the city to use dredge spoil revenues for
recreational purposes adjacent to the Cowlitz river in the city
limits of Castle Rock, and also those other properties owned
by the city of Castle Rock that are adjacent to the Cowlitz
river.
The legislature further declares that the department of
transportation shall execute sufficient legal release to
accomplish the following:
(1) Dredge spoil revenues from the CR601F site must
be dedicated for recreational facilities and recreational
administration cost throughout the defined area listed above;
(2) Any mining excavation must meet the requirements
of the Shoreline Management Act of 1971 as identified in
chapter 90.58 RCW;
(3) All other requirements in the December 20, 1993,
conveyance between the state of Washington and the city of
Castle Rock will remain in effect; and
(2002 Ed.)
47.04.220
(4) The CR601F site remains subject to any agreements
with the United States Army Corps of Engineers and other
agencies of the federal government. [2000 c 13 § 1.]
47.04.240 Public transportation information—
Confidentiality. The department, a county, city, town, any
other public entity, and any private entity under the publicprivate transportation initiatives authorized under chapter
47.46 RCW, that provides transit, high-speed ground
transportation, high capacity transportation service, ferry
service, toll facilities, or other public transportation service
or facilities may only use personally identifiable information
obtained from the use of electronic toll payments, transit
passes, or other fare media such as magnetic strip cards or
stored value cards for billing purposes. This information
may not be used to track or monitor individual use of the
public transportation facilities or service, except for billing
purposes and to provide statistical compilations and reports
that do not identify an individual. [1999 c 215 § 2.]
Personally identifying transit information exempt from disclosure: RCW
42.17.310.
47.04.250 Assaults by motorists on department
employees. (1) For the purposes of this section only,
"assault" means an act by a motorist that results in physical
injury to an employee of the department while engaged in
highway construction or maintenance activities along a
roadway right of way (fence line to fence line, landscaped
areas) or in the loading and unloading of passenger vehicles
in service of the vessel as a maritime employee not covered
under chapter 51.32 RCW or engaged in those work activities as a Washington State Ferries terminal employee
covered under chapter 51.32 RCW.
(2) In recognition of the nature of employment in
departmental highway construction or maintenance activities
and by the Washington State Ferries, this section provides a
supplementary program to reimburse employees of the
department for some of their costs attributable to their being
the victims of assault by motorists. This program is limited
to the reimbursement provided in this section.
(3) An employee is entitled to receive the reimbursement provided in this section only if the secretary finds that
each of the following has occurred:
(a) A motorist has assaulted the employee who is
engaged in highway construction or maintenance along a
roadway right of way (fence line to fence line, landscaped
areas) or service of the vessel as a maritime employee or
terminal employee engaged in the loading or unloading of
passenger vehicles and as a result the employee has sustained demonstrated physical injuries that have required the
employee to miss one or more days of work;
(b) The assault is not attributable to any extent to the
employee’s negligence, misconduct, or failure to comply
with any rules or conditions of employment; and
(c) The department of labor and industries has approved
the employee’s workers’ compensation application under
chapter 51.32 RCW, or for maritime employees the department of transportation risk management office has approved
maintenance and cure benefits under 46 U.S.C. Sec. 688 et
seq.
[Title 47 RCW—page 17]
47.04.250
Title 47 RCW: Public Highways and Transportation
(4) The reimbursement authorized under this section is
as follows:
(a) The employee’s accumulated sick leave days will not
be reduced for the workdays missed. The injured worker
who qualifies for and receives assault benefits will also
receive full standard benefits (vacation leave, sick leave,
health insurance, etc.) as if uninjured;
(b) For an employee covered by chapter 51.32 RCW,
for each workday missed for which the employee is not
eligible to receive compensation under chapter 51.32 RCW,
the employee will receive the full amount of the injured
worker’s net pay at the time of injury; and
(c) In respect to workdays missed for which the employee will receive or has received compensation under chapter
51.32 RCW, or under federal maritime law benefits, including the Jones Act, for an employee deemed a maritime employee assigned to work in service of the vessel or a
nonmaritime terminal employee covered under chapter 51.32
RCW, the employee will be reimbursed in an amount that,
when added to that compensation, will result in the employee
receiving no more than full net pay (gross pay less mandatory and voluntary deductions) for the workdays missed.
(5) Reimbursement under this section may not last
longer than three hundred sixty-five consecutive days after
the date of the injury. No application for assault benefits is
valid nor may a claim be enforced unless it was made within
one year after the day upon which the injury occurred.
(6) The employee is not entitled to the reimbursement
provided in subsection (4) of this section for a workday for
which the secretary or an applicable designee finds that the
employee has not diligently pursued his or her compensation
remedies under chapter 51.32 RCW or federal maritime law,
including the Jones Act.
(7) The reimbursement may be made only for absences
that the secretary or an applicable designee believes are
justified.
(8) While the employee is receiving reimbursement
under this section, he or she will continue to be classified as
a state employee, and the reimbursement amount is considered as salary or wages.
(9) The department shall make all reimbursement
payments required to be made to employees under this
section. The payments are considered as a salary or wage
expense and must be paid by the department in the same
manner and from the same appropriations as other salary and
wage expenses for the department.
(10) Nothing in this section precludes the department
from recovering the supplemental payments authorized by
this section from the assaulting motorist, and that recovery
is considered exclusive of recovery under chapter 51.24
RCW.
(11) If the legislature revokes the reimbursement
authorized under this section or repeals this section, no
affected employee is entitled after that to receive the
reimbursement as a matter of contractual right. [2002 c 355
§ 1.]
Chapter 47.05
PRIORITY PROGRAMMING FOR
HIGHWAY DEVELOPMENT
Sections
47.05.010
47.05.021
47.05.022
47.05.025
47.05.030
47.05.035
47.05.051
47.05.090
47.05.100
Declaration of purpose.
Functional classification of highways.
State route number 509—Designated as state highway of
statewide significance.
Highways of regional significance.
Six-year programs—Investments, improvements, preservation.
Allocation of funds, factors.
Six-year comprehensive investment program—Priority selection criteria—Improvement program criteria—Departure
from criteria.
Application of 1993 c 490—Deviations.
Nonapplicability of chapter.
47.05.010 Declaration of purpose. The legislature
finds that solutions to state highway deficiencies have
become increasingly complex and diverse and that anticipated transportation revenues will fall substantially short of the
amount required to satisfy all transportation needs. Difficult
investment trade-offs will be required.
It is the intent of the legislature that investment of state
transportation funds to address deficiencies on the state
highway system be based on a policy of priority programming having as its basis the rational selection of projects and
services according to factual need and an evaluation of life
cycle costs and benefits that are systematically scheduled to
carry out defined objectives within available revenue. The
state must develop analytic tools to use a common methodology to measure benefits and costs for all modes.
The priority programming system must ensure preservation of the existing state highway system, relieve congestion,
provide mobility for people and goods, support the state’s
economy, and promote environmental protection and energy
conservation.
The priority programming system must implement the
state-owned highway component of the statewide transportation plan, consistent with local and regional transportation
plans, by targeting state transportation investment to appropriate multimodal solutions that address identified state
highway system deficiencies.
The priority programming system for improvements
must incorporate a broad range of solutions that are identified in the statewide transportation plan as appropriate to
address state highway system deficiencies, including but not
limited to highway expansion, efficiency improvements,
nonmotorized transportation facilities, high occupancy
vehicle facilities, transit facilities and services, rail facilities
and services, and transportation demand management
programs. [2002 c 5 § 401; 1993 c 490 § 1; 1969 ex.s. c 39
§ 1; 1963 c 173 § 1.]
Effective date—2002 c 5 §§ 401-404: "Sections 401 through 404 of
this act take effect July 1, 2002." [2002 c 5 § 417.]
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
47.05.021 Functional classification of highways. (1)
The transportation commission is hereby directed to conduct
periodic analyses of the entire state highway system, report
thereon to the chairs of the transportation committees of the
[Title 47 RCW—page 18]
(2002 Ed.)
Priority Programming for Highway Development
senate and house of representatives, including one copy to
the staff of each of the committees, biennially and based
thereon, to subdivide, classify, and subclassify according to
their function and importance all designated state highways
and those added from time to time and periodically review
and revise the classifications into the following three
functional classes:
(a) The "principal arterial system" shall consist of a
connected network of rural arterial routes with appropriate
extensions into and through urban areas, including all routes
designated as part of the interstate system, which serve
corridor movements having travel characteristics indicative
of substantial statewide and interstate travel;
(b) The "minor arterial system" shall, in conjunction
with the principal arterial system, form a rural network of
arterial routes linking cities and other activity centers which
generate long distance travel, and, with appropriate extensions into and through urban areas, form an integrated
network providing interstate and interregional service; and
(c) The "collector system" shall consist of routes which
primarily serve the more important intercounty, intracounty,
and intraurban travel corridors, collect traffic from the
system of local access roads and convey it to the arterial
system, and on which, regardless of traffic volume, the
predominant travel distances are shorter than on arterial
routes.
(2) In making the functional classification the transportation commission shall adopt and give consideration to
criteria consistent with this section and federal regulations
relating to the functional classification of highways, including but not limited to the following:
(a) Urban population centers within and without the
state stratified and ranked according to size;
(b) Important traffic generating economic activities,
including but not limited to recreation, agriculture, government, business, and industry;
(c) Feasibility of the route, including availability of
alternate routes within and without the state;
(d) Directness of travel and distance between points of
economic importance;
(e) Length of trips;
(f) Character and volume of traffic;
(g) Preferential consideration for multiple service which
shall include public transportation;
(h) Reasonable spacing depending upon population
density; and
(i) System continuity.
(3) The transportation commission or the legislature
shall designate state highways of statewide significance
under RCW 47.06.140. If the commission designates a state
highway of statewide significance, it shall submit a list of
such facilities for adoption by the legislature. This statewide
system shall include at a minimum interstate highways and
other statewide principal arterials that are needed to connect
major communities across the state and support the state’s
economy.
(4) The transportation commission shall designate a
freight and goods transportation system. This statewide
system shall include state highways, county roads, and city
streets. The commission, in cooperation with cities and
counties, shall review and make recommendations to the
legislature regarding policies governing weight restrictions
(2002 Ed.)
47.05.021
and road closures which affect the transportation of freight
and goods. [2002 c 56 § 301. Prior: 1998 c 245 § 95;
1998 c 171 § 5; 1993 c 490 § 2; 1987 c 505 § 50; 1979
ex.s. c 122 § 1; 1977 ex.s. c 130 § 1.]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
Severability—1979 ex.s. c 122: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 122 § 10.]
Effective dates—1977 ex.s. c 130: "Section 1 of this 1977 act
modifying the functional classification of state highways shall apply to the
long range plan for highway improvements and to the six year program for
highway construction commencing July 1, 1979 and to the preparation
thereof and shall take effect July 1, 1977. Section 2 of this 1977 act shall
take effect July 1, 1979." [1977 ex.s. c 130 § 3.]
47.05.022 State route number 509—Designated as
state highway of statewide significance. The legislature
designates that portion of state route number 509 that runs
or will run from state route number 518 in the north to the
intersection with interstate 5 in the south as a state highway
of statewide significance. [2002 c 56 § 302.]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
47.05.025 Highways of regional significance.
Highways of regional significance may receive funding
under the conditions of RCW 36.120.020(8)(c). The
following highways are of regional significance:
(1) That portion of state route number 9 that runs from
state route number 522 in the south to state route number
531 in the north;
(2) That portion of state route number 524 that runs
from state route number 5 easterly to state route number
522;
(3) That portion of state route number 704 from state
route number 5 to state route number 7. [2002 c 56 § 303.]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
47.05.030 Six-year programs—Investments, improvements, preservation. The transportation commission
shall adopt a comprehensive six-year investment program
specifying program objectives and performance measures for
the preservation and improvement programs defined in this
section. In the specification of investment program objectives and performance measures, the transportation commission, in consultation with the Washington state department
of transportation, shall define and adopt standards for
effective programming and prioritization practices including
a needs analysis process. The analysis process must ensure
the identification of problems and deficiencies, the evaluation
of alternative solutions and trade-offs, and estimations of the
costs and benefits of prospective projects. The investment
program must be revised biennially, effective on July 1st of
odd-numbered years. The investment program must be
based upon the needs identified in the state-owned highway
component of the statewide transportation plan as defined in
RCW 47.01.071(3).
(1) The preservation program consists of those investments necessary to preserve the existing state highway
system and to restore existing safety features, giving consid[Title 47 RCW—page 19]
47.05.030
Title 47 RCW: Public Highways and Transportation
eration to lowest life cycle costing. The preservation
program must require use of the most cost-effective pavement surfaces, considering:
(a) Life-cycle cost analysis;
(b) Traffic volume;
(c) Subgrade soil conditions;
(d) Environmental and weather conditions;
(e) Materials available; and
(f) Construction factors.
The comprehensive six-year investment program for
preservation must identify projects for two years and an
investment plan for the remaining four years.
(2) The improvement program consists of investments
needed to address identified deficiencies on the state highway system to increase mobility, address congestion, and
improve safety, support for the economy, and protection of
the environment. The six-year investment program for
improvements must identify projects for two years and major
deficiencies proposed to be addressed in the six-year period
giving consideration to relative benefits and life cycle
costing. The transportation commission shall give higher
priority for correcting identified deficiencies on those
facilities classified as facilities of statewide significance as
defined in RCW 47.06.140. Project prioritization must be
based primarily upon cost-benefit analysis, where appropriate.
The transportation commission shall approve and present
the comprehensive six-year investment program to the
legislature in support of the biennial budget request under
RCW 44.40.070 and 44.40.080. [2002 c 5 § 402; 1998 c
171 § 6; 1993 c 490 § 3; 1987 c 179 § 2; 1979 ex.s. c 122
§ 2; 1977 ex.s. c 151 § 44; 1975 1st ex.s. c 143 § 1; 1973
2nd ex.s. c 12 § 4; 1969 ex.s. c 39 § 3; 1965 ex.s. c 170 §
33; 1963 c 173 § 3.]
Effective date—2002 c 5 §§ 401-404: See note following RCW
47.05.010.
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
Severability—1979 ex.s. c 122: See note following RCW 47.05.021.
47.05.035 Allocation of funds, factors. (1) The
department and the commission shall use the transportation
demand modeling tools developed under subsection (2) of
this section to evaluate investments based on the best mode
or improvement, or mix of modes and improvements, to
meet current and future long-term demand within a corridor
or system for the lowest cost. The end result of these
demand modeling tools is to provide a cost-benefit analysis
by which the department and the commission can determine
the relative mobility improvement and congestion relief each
mode or improvement under consideration will provide and
the relative investment each mode or improvement under
consideration will need to achieve that relief.
(2) The department will participate in the refinement,
enhancement, and application of existing transportation
demand modeling tools to be used to evaluate investments.
This participation and use of transportation demand modeling
tools will be phased in.
(3) In developing program objectives and performance
measures, the transportation commission shall evaluate
investment trade-offs between the preservation and improvement programs. In making these investment trade-offs, the
[Title 47 RCW—page 20]
commission shall evaluate, using cost-benefit techniques,
roadway and bridge maintenance activities as compared to
roadway and bridge preservation program activities and
adjust those programs accordingly.
(4) The commission shall allocate the estimated revenue
between preservation and improvement programs giving
primary consideration to the following factors:
(a) The relative needs in each of the programs and the
system performance levels that can be achieved by meeting
these needs;
(b) The need to provide adequate funding for preservation to protect the state’s investment in its existing highway
system;
(c) The continuity of future transportation development
with those improvements previously programmed; and
(d) The availability of dedicated funds for a specific
type of work. [2002 c 5 § 403; 1993 c 490 § 4; 1987 c 179
§ 3; 1979 ex.s. c 122 § 3; 1975 1st ex.s. c 143 § 2.]
Effective date—2002 c 5 §§ 401-404: See note following RCW
47.05.010.
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
Severability—1979 ex.s. c 122: See note following RCW 47.05.021.
47.05.051 Six-year comprehensive investment
program—Priority selection criteria—Improvement
program criteria—Departure from criteria. (1) The
comprehensive six-year investment program shall be based
upon the needs identified in the state-owned highway
component of the statewide multimodal transportation plan
as defined in RCW 47.01.071(3) and priority selection
systems that incorporate the following criteria:
(a) Priority programming for the preservation program
shall take into account the following, not necessarily in order
of importance:
(i) Extending the service life of the existing highway
system, including using the most cost-effective pavement
surfaces, considering:
(A) Life-cycle cost analysis;
(B) Traffic volume;
(C) Subgrade soil conditions;
(D) Environmental and weather conditions;
(E) Materials available; and
(F) Construction factors;
(ii) Ensuring the structural ability to carry loads imposed
upon highways and bridges; and
(iii) Minimizing life cycle costs. The transportation
commission in carrying out the provisions of this section
may delegate to the department of transportation the authority to select preservation projects to be included in the sixyear program.
(b) Priority programming for the improvement program
must be based primarily upon the following, not necessarily
in order of importance:
(i) Traffic congestion, delay, and accidents;
(ii) Location within a heavily traveled transportation
corridor;
(iii) Except for projects in cities having a population of
less than five thousand persons, synchronization with other
potential transportation projects, including transit and
multimodal projects, within the heavily traveled corridor; and
(2002 Ed.)
Priority Programming for Highway Development
(iv) Use of benefit/cost analysis wherever feasible to
determine the value of the proposed project.
(c) Priority programming for the improvement program
may also take into account:
(i) Support for the state’s economy, including job
creation and job preservation;
(ii) The cost-effective movement of people and goods;
(iii) Accident and accident risk reduction;
(iv) Protection of the state’s natural environment;
(v) Continuity and systematic development of the
highway transportation network;
(vi) Consistency with local comprehensive plans
developed under chapter 36.70A RCW including the following if they have been included in the comprehensive plan:
(A) Support for development in and revitalization of
existing downtowns;
(B) Extent that development implements local comprehensive plans for rural and urban residential and nonresidential densities;
(C) Extent of compact, transit-oriented development for
rural and urban residential and nonresidential densities;
(D) Opportunities for multimodal transportation; and
(E) Extent to which the project accommodates planned
growth and economic development;
(vii) Consistency with regional transportation plans
developed under chapter 47.80 RCW;
(viii) Public views concerning proposed improvements;
(ix) The conservation of energy resources;
(x) Feasibility of financing the full proposed improvement;
(xi) Commitments established in previous legislative
sessions;
(xii) Relative costs and benefits of candidate programs.
(d) Major projects addressing capacity deficiencies
which prioritize allowing for preliminary engineering shall
be reprioritized during the succeeding biennium, based upon
updated project data. Reprioritized projects may be delayed
or canceled by the transportation commission if higher
priority projects are awaiting funding.
(e) Major project approvals which significantly increase
a project’s scope or cost from original prioritization estimates shall include a review of the project’s estimated
revised priority rank and the level of funding provided.
Projects may be delayed or canceled by the transportation
commission if higher priority projects are awaiting funding.
(2) The commission may depart from the priority
programming established under subsection (1) of this section:
(a) To the extent that otherwise funds cannot be utilized
feasibly within the program; (b) as may be required by a
court judgment, legally binding agreement, or state and
federal laws and regulations; (c) as may be required to
coordinate with federal, local, or other state agency construction projects; (d) to take advantage of some substantial financial benefit that may be available; (e) for continuity of
route development; or (f) because of changed financial or
physical conditions of an unforeseen or emergent nature.
The commission or secretary of transportation shall maintain
in its files information sufficient to show the extent to which
the commission has departed from the established priority.
(3) The commission shall identify those projects that
yield freight mobility benefits or that alleviate the impacts of
freight mobility upon affected communities. [2002 c 189 §
(2002 Ed.)
47.05.051
3; 2002 c 5 § 406; 1998 c 175 § 12; 1993 c 490 § 5; 1987
c 179 § 5; 1979 ex.s. c 122 § 5; 1975 1st ex.s. c 143 § 4.]
Intent—2002 c 5: "The legislature intends that funding for transportation mobility improvements be allocated to the worst traffic chokepoints
in the state. Furthermore, the legislature intends to fund projects that
provide systemic relief throughout a transportation corridor, rather than spot
improvements that fail to improve overall mobility within a corridor."
[2002 c 5 § 405.]
Reports: "The department of transportation shall report the results of
its priority programming under RCW 47.05.051 to the transportation
committees of the senate and house of representatives by December 1, 2003,
and December 1, 2005." [2002 c 5 § 407.]
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
Severability—1998 c 175: See RCW 47.06A.900.
Severability—1979 ex.s. c 122: See note following RCW 47.05.021.
47.05.090 Application of 1993 c 490—Deviations.
The provisions of chapter 490, Laws of 1993 modifying
procedures for priority programming for highway development as set forth in chapter 47.05 RCW, first apply to the
comprehensive six-year state highway investment program
for the periods 1995 to 2001. For the transition biennium
ending June 30, 1995, the commission may deviate from the
modified procedures prescribed by chapter 490, Laws of
1993. [1993 c 490 § 6.]
47.05.100 Nonapplicability of chapter. This chapter
does not apply to the 2001-03 transportation budget appropriating new transportation revenue. [2002 c 201 § 809.]
Contingent effective date—2002 c 201: "This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [March 27, 2002], only if *Engrossed Substitute House Bill
No. 2969 becomes law." [2002 c 201 § 812.]
*Reviser’s note: See 2002 c 202.
Severability—2002 c 201: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2002 c 201 § 811.]
Chapter 47.06
STATEWIDE TRANSPORTATION PLANNING
Sections
47.06.010
47.06.020
47.06.030
47.06.040
47.06.042
47.06.045
47.06.050
47.06.060
47.06.070
47.06.080
47.06.090
47.06.100
47.06.110
47.06.120
47.06.130
47.06.140
47.06.900
Findings.
Role of department.
Transportation policy plan.
Statewide multimodal transportation plan.
Technical workers—Skill enhancement.
Freight mobility plan.
State-owned facilities component.
Aviation plan.
Marine ports and navigation plan.
Freight rail plan.
Intercity passenger rail plan.
Bicycle transportation and pedestrian walkways plan.
Public transportation plan.
High-capacity transportation planning and regional transportation planning—Role of department.
Special planning studies—Cost-benefit analysis.
Transportation facilities and services of statewide significance—Level of service standards.
Captions not part of law—1993 c 446.
[Title 47 RCW—page 21]
Chapter 47.06
Title 47 RCW: Public Highways and Transportation
Environmental review of transportation projects: RCW 47.01.290.
47.06.010 Findings. The legislature recognizes that
the ownership and operation of Washington’s transportation
system is spread among federal, state, and local government
agencies, regional transit agencies, port districts, and the
private sector. The legislature also recognizes that transportation planning authority is shared on the local, regional,
and state levels, and that this planning must be a comprehensive and coordinated effort. While significant authority for
transportation planning is vested with local agencies and
regional transportation planning organizations under the
growth management act, the legislature recognizes that
certain transportation issues and facilities cross local and
regional boundaries and are vital to the statewide economy
and the cross-state mobility of people and goods. Therefore,
the state has an appropriate role in developing statewide
transportation plans that address state jurisdiction facilities
and services as well as transportation facilities and services
of state interest. These plans shall serve as a guide for
short-term investment needs and provide a long-range vision
for transportation system development. [1993 c 446 § 1.]
47.06.020 Role of department. The specific role of
the department in transportation planning shall be (1)
ongoing coordination and development of statewide transportation policies that guide all Washington transportation providers; (2) ongoing development of a statewide multimodal
transportation plan that includes both state-owned and stateinterest facilities and services; (3) coordinating the state
high-capacity transportation planning and regional transportation planning programs; and (4) conducting special transportation planning studies that impact state transportation
facilities or relate to transportation facilities and services of
statewide significance. Specific requirements for each of
these state transportation planning components are described
in this chapter. [1993 c 446 § 2.]
47.06.030 Transportation policy plan. The commission shall develop a state transportation policy plan that (1)
establishes a vision and goals for the development of the
statewide transportation system consistent with the state’s
growth management goals, (2) identifies significant statewide
transportation policy issues, and (3) recommends statewide
transportation policies and strategies to the legislature to
fulfill the requirements of RCW 47.01.071(1). The state
transportation policy plan shall be the product of an ongoing
process that involves representatives of significant transportation interests and the general public from across the
state. The plan shall address how the department of transportation will meet the transportation needs and expedite the
completion of industrial projects of statewide significance.
[1997 c 369 § 8; 1993 c 446 § 3.]
Industrial project of statewide significance—Defined: RCW 43.157.010.
47.06.040 Statewide multimodal transportation
plan. The department shall develop a statewide multimodal
transportation plan under RCW 47.01.071(3) and in
conformance with federal requirements, to ensure the
continued mobility of people and goods within regions and
[Title 47 RCW—page 22]
across the state in a safe, cost-effective manner. The
statewide multimodal transportation plan shall consist of:
(1) A state-owned facilities component, which shall
guide state investment for state highways including bicycle
and pedestrian facilities, and state ferries; and
(2) A state-interest component, which shall define the
state interest in aviation, marine ports and navigation, freight
rail, intercity passenger rail, bicycle transportation and
pedestrian walkways, and public transportation, and recommend actions in coordination with appropriate public and
private transportation providers to ensure that the state
interest in these transportation modes is met.
The plans developed under each component must be
consistent with the state transportation policy plan and with
each other, reflect public involvement, be consistent with
regional transportation planning, high-capacity transportation
planning, and local comprehensive plans prepared under
chapter 36.70A RCW, and include analysis of intermodal
connections and choices. A primary emphasis for these
plans shall be the relief of congestion, the preservation of
existing investments and downtowns, ability to attract or
accommodate planned population, and employment growth,
the improvement of traveler safety, the efficient movement
of freight and goods, and the improvement and integration
of all transportation modes to create a seamless intermodal
transportation system for people and goods.
In the development of the statewide multimodal transportation plan, the department shall identify and document
potential affected environmental resources, including, but not
limited to, wetlands, storm water runoff, flooding, air quality, fish passage, and wildlife habitat. The department shall
conduct its environmental identification and documentation
in coordination with all relevant environmental regulatory
authorities, including, but not limited to, local governments.
The department shall give the relevant environmental
regulatory authorities an opportunity to review the
department’s environmental plans. The relevant environmental regulatory authorities shall provide comments on the
department’s environmental plans in a timely manner.
Environmental identification and documentation as provided
for in RCW 47.01.300 and this section is not intended to
create a private right of action or require an environmental
impact statement as provided in chapter 43.21C RCW.
[2002 c 189 § 4; 1998 c 199 § 1; 1994 c 258 § 5; 1993 c
446 § 4.]
C a p t i o n s n o t l a w — 1 9 9 4 c 2 5 8 : See note following RCW
36.70A.420.
47.06.042 Technical workers—Skill enhancement.
(Effective if Referendum Bill No. 51 is approved at the
November 2002 general election.) The state-interest component of the statewide multimodal transportation plan must
include a plan for enhancing the skills of the existing
technical transportation work force. [2002 c 5 § 304.]
Contingency—2002 c 5 §§ 301-308: See note following RCW
49.04.140.
Findings—Intent—2002 c 5: See note following RCW 49.04.140.
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
47.06.045 Freight mobility plan. The state-interest
component of the statewide multimodal transportation plan
(2002 Ed.)
Statewide Transportation Planning
shall include a freight mobility plan which shall assess the
transportation needs to ensure the safe, reliable, and efficient
movement of goods within and through the state and to
ensure the state’s economic vitality. [1998 c 175 § 10.]
Severability—1998 c 175: See RCW 47.06A.900.
47.06.050 State-owned facilities component. The
state-owned facilities component of the statewide transportation plan shall consist of:
(1) The state highway system plan, which identifies
program and financing needs and recommends specific and
financially realistic improvements to preserve the structural
integrity of the state highway system, ensure acceptable
operating conditions, and provide for enhanced access to
scenic, recreational, and cultural resources. The state
highway system plan shall contain the following elements:
(a) A system preservation element, which shall establish
structural preservation objectives for the state highway
system including bridges, identify current and future structural deficiencies based upon analysis of current conditions and
projected future deterioration, and recommend program
funding levels and specific actions necessary to preserve the
structural integrity of the state highway system consistent
with adopted objectives. Lowest life cycle cost methodologies must be used in developing a pavement management
system. This element shall serve as the basis for the preservation component of the six-year highway program and the
two-year biennial budget request to the legislature;
(b) A highway maintenance element, establishing service
levels for highway maintenance on state-owned highways
that meet benchmarks established by the transportation
commission. The highway maintenance element must
include an estimate of costs for achieving those service
levels over twenty years. This element will serve as the
basis for the maintenance component of the six-year highway
program and the two-year biennial budget request to the
legislature;
(c) A capacity and operational improvement element,
which shall establish operational objectives, including safety
considerations, for moving people and goods on the state
highway system, identify current and future capacity, operational, and safety deficiencies, and recommend program
funding levels and specific improvements and strategies
necessary to achieve the operational objectives. In developing capacity and operational improvement plans the
department shall first assess strategies to enhance the
operational efficiency of the existing system before recommending system expansion. Strategies to enhance the
operational efficiencies include but are not limited to access
management, transportation system management, demand
management, and high-occupancy vehicle facilities. The
capacity and operational improvement element must conform
to the state implementation plan for air quality and be
consistent with regional transportation plans adopted under
chapter 47.80 RCW, and shall serve as the basis for the
capacity and operational improvement portions of the sixyear highway program and the two-year biennial budget
request to the legislature;
(d) A scenic and recreational highways element, which
shall identify and recommend designation of scenic and
recreational highways, provide for enhanced access to scenic,
(2002 Ed.)
47.06.045
recreational, and cultural resources associated with designated routes, and recommend a variety of management strategies to protect, preserve, and enhance these resources. The
department, affected counties, cities, and towns, regional
transportation planning organizations, and other state or
federal agencies shall jointly develop this element;
(e) A paths and trails element, which shall identify the
needs of nonmotorized transportation modes on the state
transportation systems and provide the basis for the investment of state transportation funds in paths and trails,
including funding provided under chapter 47.30 RCW.
(2) The state ferry system plan, which shall guide
capital and operating investments in the state ferry system.
The plan shall establish service objectives for state ferry
routes, forecast travel demand for the various markets served
in the system, develop strategies for ferry system investment
that consider regional and statewide vehicle and passenger
needs, support local land use plans, and assure that ferry services are fully integrated with other transportation services.
The plan must provide for maintenance of capital assets.
The plan must also provide for preservation of capital assets
based on lowest life cycle cost methodologies. The plan
shall assess the role of private ferries operating under the
authority of the utilities and transportation commission and
shall coordinate ferry system capital and operational plans
with these private operations. The ferry system plan must be
consistent with the regional transportation plans for areas
served by the state ferry system, and shall be developed in
conjunction with the ferry advisory committees. [2002 c 5
§ 413; 1993 c 446 § 5.]
Finding—Intent—2002 c 5: See note following RCW 35.84.060.
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
47.06.060 Aviation plan. The state-interest component of the statewide multimodal transportation plan shall
include an aviation plan, which shall fulfill the statewide
aviation planning requirements of the federal government,
coordinate state-wide aviation planning, and identify the
program needs for public use and state airports. [1993 c 446
§ 6.]
47.06.070 Marine ports and navigation plan. The
state-interest component of the statewide multimodal
transportation plan shall include a state marine ports and
navigation plan, which shall assess the transportation needs
of Washington’s marine ports, including navigation, and
identify transportation system improvements needed to
support the international trade and economic development
role of Washington’s marine ports. [1993 c 446 § 7.]
47.06.080 Freight rail plan. The state-interest
component of the statewide multimodal transportation plan
shall include a state freight rail plan, which shall fulfill the
statewide freight rail planning requirements of the federal
government, identify freight rail mainline issues, identify
light-density freight rail lines threatened with abandonment,
establish criteria for determining the importance of preserving the service or line, and recommend priorities for the
use of state rail assistance and state rail banking program
funds, as well as other available sources of funds. The plan
[Title 47 RCW—page 23]
47.06.080
Title 47 RCW: Public Highways and Transportation
shall also identify existing intercity rail rights of way that
should be preserved for future transportation use. [1993 c
446 § 8.]
47.06.090 Intercity passenger rail plan. The stateinterest component of the statewide multimodal transportation plan shall include an intercity passenger rail plan, which
shall analyze existing intercity passenger rail service and
recommend improvements to that service under the state
passenger rail service program including depot improvements, potential service extensions, and ways to achieve
higher train speeds.
For purposes of maintaining and preserving any stateowned component of the state’s passenger rail program, the
statewide multimodal transportation plan must identify all
such assets and provide a preservation plan based on lowest
life cycle cost methodologies. [2002 c 5 § 414; 1993 c 446
§ 9.]
Finding—Intent—2002 c 5: See note following RCW 35.84.060.
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
47.06.100 Bicycle transportation and pedestrian
walkways plan. The state-interest component of the
statewide multimodal transportation plan shall include a
bicycle transportation and pedestrian walkways plan, which
shall propose a statewide strategy for addressing bicycle and
pedestrian transportation, including the integration of bicycle
and pedestrian pathways with other transportation modes; the
coordination between local governments, regional agencies,
and the state in the provision of such facilities; the role of
such facilities in reducing traffic congestion; and an assessment of statewide bicycle and pedestrian transportation
needs. This plan shall satisfy the federal requirement for a
long-range bicycle transportation and pedestrian walkways
plan. [1993 c 446 § 10.]
47.06.110 Public transportation plan. The stateinterest component of the statewide multimodal transportation plan shall include a state public transportation plan that:
(1) Articulates the state vision of an interest in public
transportation and provides quantifiable objectives, including
benefits indicators;
(2) Identifies the goals for public transit and the roles of
federal, state, regional, and local entities in achieving those
goals;
(3) Recommends mechanisms for coordinating state,
regional, and local planning for public transportation;
(4) Recommends mechanisms for coordinating public
transportation with other transportation services and modes;
(5) Recommends criteria, consistent with the goals
identified in subsection (2) of this section and with RCW
82.44.180 (2) and (3), for existing federal authorizations
administered by the department to transit agencies; and
(6) Recommends a statewide public transportation
facilities and equipment management system as required by
federal law.
In developing the state public transportation plan, the
department shall involve local jurisdictions, public and
private providers of transportation services, nonmotorized
interests, and state agencies with an interest in public
[Title 47 RCW—page 24]
transportation, including but not limited to the departments
of community, trade, and economic development, social and
health services, and ecology, the office of the superintendent
of public instruction, the office of the governor, and the
office of financial management.
The department shall submit an initial report to the
legislative transportation committee by December 1, 1993,
and shall provide annual reports summarizing the plan’s
progress each year thereafter. [1996 c 186 § 512; 1995 c
399 § 120; 1993 c 446 § 11.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Environmental review of transportation projects: RCW 47.01.290.
47.06.120 High-capacity transportation planning
and regional transportation planning—Role of department. The department’s role in high-capacity transportation
planning and regional transportation planning is to administer
state planning grants for these purposes, represent the
interests of the state in these regional planning processes,
and coordinate other department planning with these regional
efforts, including those under RCW 81.104.060. [1993 c
446 § 12.]
47.06.130 Special planning studies—Cost-benefit
analysis. (1) The department may carry out special transportation planning studies to resolve specific issues with the
development of the state transportation system or other
statewide transportation issues.
(2) The department shall conduct multimodal corridor
analyses on major congested corridors where needed improvements are likely to cost in excess of one hundred million dollars. Analysis will include the cost-effectiveness of
all feasible strategies in addressing congestion or improving
mobility within the corridor, and must recommend the most
effective strategy or mix of strategies to address identified
deficiencies. A long-term view of corridors must be
employed to determine whether an existing corridor should
be expanded, a city or county road should become a state
route, and whether a new corridor is needed to alleviate
congestion and enhance mobility based on travel demand.
To the extent practicable, full costs of all strategies must be
reflected in the analysis. At a minimum, this analysis must
include:
(a) The current and projected future demand for total
person trips on that corridor;
(b) The impact of making no improvements to that
corridor;
(c) The daily cost per added person served for each
mode or improvement proposed to meet demand;
(d) The cost per hour of travel time saved per day for
each mode or improvement proposed to meet demand; and
(e) How much of the current and anticipated future
demand will be met and left unmet for each mode or
improvement proposed to meet demand.
The end result of this analysis will be to provide a costbenefit analysis by which policymakers can determine the
most cost-effective improvement or mode, or mix of improvements and modes, for increasing mobility and reducing
congestion. [2002 c 5 § 404; 1993 c 446 § 13.]
(2002 Ed.)
Statewide Transportation Planning
Effective date—2002 c 5 §§ 401-404: See note following RCW
47.05.010.
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
47.06.140 Transportation facilities and services of
statewide significance—Level of service standards. The
legislature declares the following transportation facilities and
services to be of statewide significance: The interstate
highway system, interregional state principal arterials
including ferry connections that serve statewide travel,
intercity passenger rail services, intercity high-speed ground
transportation, major passenger intermodal terminals excluding all airport facilities and services, the freight railroad
system, the Columbia/Snake navigable river system, marine
port facilities and services that are related solely to marine
activities affecting international and interstate trade, and
high-capacity transportation systems serving regions as
defined in RCW 81.104.015. The department, in cooperation
with regional transportation planning organizations, counties,
cities, transit agencies, public ports, private railroad operators, and private transportation providers, as appropriate,
shall plan for improvements to transportation facilities and
services of statewide significance in the statewide
multimodal plan. Improvements to facilities and services of
statewide significance identified in the statewide multimodal
plan are essential state public facilities under RCW
36.70A.200.
The department of transportation, in consultation with
local governments, shall set level of service standards for
state highways and state ferry routes of statewide significance. Although the department shall consult with local
governments when setting level of service standards, the
department retains authority to make final decisions regarding level of service standards for state highways and state
ferry routes of statewide significance. In establishing level
of service standards for state highways and state ferry routes
of statewide significance, the department shall consider the
necessary balance between providing for the free
interjurisdictional movement of people and goods and the
needs of local communities using these facilities. [1998 c
171 § 7.]
State route number 509 designated as state highway of statewide significance: RCW 47.05.022.
47.06.900 Captions not part of law—1993 c 446.
Captions used in this chapter do not constitute any part of
the law. [1993 c 446 § 16.]
Chapter 47.06A
FREIGHT MOBILITY
Sections
47.06A.001
47.06A.010
47.06A.020
47.06A.030
47.06A.040
47.06A.050
47.06A.060
47.06A.070
47.06A.080
47.06A.900
(2002 Ed.)
Findings.
Definitions.
Board—Duties.
Board—Creation—Membership.
Board—Administration and staffing.
Allocation of funds.
Grants and loans.
Records.
Port district development plans.
Severability—1998 c 175.
47.06.130
47.06A.001 Findings. The legislature finds that:
(1) Washington state is uniquely positioned as a gateway
to the global economy. As the most trade-dependent state in
the nation, per capita, Washington’s economy is highly
dependent on an efficient multimodal transportation network
in order to remain competitive.
(2) The vitality of the state’s economy is placed at risk
by growing traffic congestion that impedes the safe and
efficient movement of goods. The absence of a comprehensive and coordinated state policy that facilitates freight
movements to local, national, and international markets limits trade opportunities.
(3) Freight corridors that serve international and
domestic interstate and intrastate trade, and those freight
corridors that enhance the state’s competitive position
through regional and global gateways are strategically important. In many instances, movement of freight on these
corridors is diminished by: Barriers that block or delay
access to intermodal facilities where freight is transferred
from one mode of transport to another; conflicts between rail
and road traffic; constraints on rail capacity; highway
capacity constraints, congestion, and condition; waterway
system depths that affect capacity; and institutional, regulatory, and operational barriers.
(4) Rapidly escalating population growth is placing an
added burden on streets, roads, and highways that serve as
freight corridors. Community benefits from economic
activity associated with freight movement often conflict with
community concerns over safety, mobility, [and] environmental quality. Efforts to minimize community impacts in
areas of high freight movements that encourage the active
participation of communities in the early stages of proposed
public and private infrastructure investments will facilitate
needed freight mobility improvements.
(5) Ownership of the freight mobility network is
fragmented and spread across various public jurisdictions,
private companies, and state and national borders. Transportation projects have grown in complexity and size,
requiring more resources and longer implementation time
frames. Currently, there is no comprehensive and integrated
framework for planning the freight mobility needs of public
and private stakeholders in the freight transportation system.
A coordinated planning process should identify new infrastructure investments that are integrated by public and
private planning bodies into a multimodal and
multijurisdictional network in all areas of the state, urban
and rural, east and west. The state should integrate freight
mobility goals with state policy on related issues such as
economic development, growth management, and environmental management.
(6) State investment in projects that enhance or mitigate
freight movements, should pay special attention to solutions
that utilize a corridor solution to address freight mobility
issues with important transportation and economic impacts
beyond any local area. The corridor approach builds
partnerships and fosters coordinated planning among jurisdictions and the public and private sectors.
(7) It is the policy of the state of Washington that
limited public transportation funding and competition
between freight and general mobility improvements for the
same fund sources require strategic, prioritized freight investments that reduce barriers to freight movement, maximize
[Title 47 RCW—page 25]
47.06A.001
Title 47 RCW: Public Highways and Transportation
cost-effectiveness, yield a return on the state’s investment,
require complementary investments by public and private
interests, and solve regional freight mobility problems. State
financial assistance for freight mobility projects must
leverage other funds from all potential partners and sources,
including federal, county, city, port district, and private
capital. [1998 c 175 § 1.]
47.06A.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the freight mobility strategic investment board created in RCW 47.06A.030.
(2) "Department" means the department of transportation.
(3) "Freight mobility" means the safe, reliable, and
efficient movement of goods within and through the state to
ensure the state’s economic vitality.
(4) "Local governments" means cities, towns, counties,
special purpose districts, port districts, and any other
municipal corporations or quasi-municipal corporations in the
state excluding school districts.
(5) "Public entity" means a state agency, city, town,
county, port district, or municipal or regional planning
organization.
(6) "Strategic freight corridor" means a transportation
corridor of great economic importance within an integrated
freight system that:
(a) Serves international and domestic interstate and
intrastate trade;
(b) Enhances the state’s competitive position through
regional and global gateways;
(c) Carries freight tonnages of at least:
(i) Four million gross tons annually on state highways,
city streets, and county roads;
(ii) Five million gross tons annually on railroads; or
(iii) Two and one-half million net tons on waterways;
and
(d) Has been designated a strategic corridor by the
board under RCW 47.06A.020(3). However, new alignments
to, realignments of, and new links to strategic corridors that
enhance freight movement may qualify, even though no
tonnage data exists for facilities to be built in the future.
[1998 c 175 § 2.]
47.06A.020 Board—Duties. (1) The board shall:
(a) Adopt rules and procedures necessary to implement
the freight mobility strategic investment program;
(b) Solicit from public entities proposed projects that
meet eligibility criteria established in accordance with
subsection (4) of this section; and
(c) Review and evaluate project applications based on
criteria established under this section, and prioritize and
select projects comprising a portfolio to be funded in part
with grants from state funds appropriated for the freight
mobility strategic investment program. In determining the
appropriate level of state funding for a project, the board
shall ensure that state funds are allocated to leverage the
greatest amount of partnership funding possible. After
selecting projects comprising the portfolio, the board shall
submit them as part of its budget request to the office of
[Title 47 RCW—page 26]
financial management and the legislature. The board shall
ensure that projects submitted as part of the portfolio are not
more appropriately funded with other federal, state, or local
government funding mechanisms or programs. The board
shall reject those projects that appear to improve overall
general mobility with limited enhancement for freight
mobility.
The board shall provide periodic progress reports on its
activities to the office of financial management and the
legislative transportation committee.
(2) The board may:
(a) Accept from any state or federal agency, loans or
grants for the financing of any transportation project and
enter into agreements with any such agency concerning the
loans or grants;
(b) Provide technical assistance to project applicants;
(c) Accept any gifts, grants, or loans of funds, property,
or financial, or other aid in any form from any other source
on any terms and conditions which are not in conflict with
this chapter;
(d) Adopt rules under chapter 34.05 RCW as necessary
to carry out the purposes of this chapter; and
(e) Do all things necessary or convenient to carry out
the powers expressly granted or implied under this chapter.
(3) The board shall designate strategic freight corridors
within the state. The board shall update the list of designated strategic corridors not less than every two years, and shall
establish a method of collecting and verifying data, including
information on city and county-owned roadways.
(4) From June 11, 1998, through the biennium ending
June 30, 2001, the board shall utilize threshold project
eligibility criteria that, at a minimum, includes the following:
(a) The project must be on a strategic freight corridor;
(b) The project must meet one of the following conditions:
(i) It is primarily aimed at reducing identified barriers
to freight movement with only incidental benefits to general
or personal mobility; or
(ii) It is primarily aimed at increasing capacity for the
movement of freight with only incidental benefits to general
or personal mobility; or
(iii) It is primarily aimed at mitigating the impact on
communities of increasing freight movement, including
roadway/railway conflicts; and
(c) The project must have a total public benefit/total
public cost ratio of equal to or greater than one.
(5) From June 11, 1998, through the biennium ending
June 30, 2001, the board shall use the multicriteria analysis
and scoring framework for evaluating and ranking eligible
freight mobility and freight mitigation projects developed by
the freight mobility project prioritization committee and
contained in the January 16, 1998, report entitled "Project
Eligibility, Priority and Selection Process for a Strategic
Freight Investment Program." The prioritization process
shall measure the degree to which projects address important
program objectives and shall generate a project score that
reflects a project’s priority compared to other projects. The
board shall assign scoring points to each criterion that
indicate the relative importance of the criterion in the overall
determination of project priority. After June 30, 2001, the
board may supplement and refine the initial project priority
criteria and scoring framework developed by the freight
(2002 Ed.)
Freight Mobility
mobility project prioritization committee as expertise and
experience is gained in administering the freight mobility
program.
(6) It is the intent of the legislature that each freight
mobility project contained in the project portfolio submitted
by the board utilize the greatest amount of nonstate funding
possible. The board shall adopt rules that give preference to
projects that contain the greatest levels of financial participation from nonprogram fund sources. The board shall
consider twenty percent as the minimum partnership contribution, but shall also ensure that there are provisions
allowing exceptions for projects that are located in areas
where minimal local funding capacity exists or where the
magnitude of the project makes the adopted partnership
contribution financially unfeasible.
(7) The board shall develop and recommend policies
that address operational improvements that primarily benefit
and enhance freight movement, including, but not limited to,
policies that reduce congestion in truck lanes at border
crossings and weigh stations and provide for access to ports
during nonpeak hours. [1999 c 216 § 1; 1998 c 175 § 3.]
47.06A.030 Board—Creation—Membership. (1)
The freight mobility strategic investment board is created.
The board shall convene by July 1, 1998.
(2) The board is composed of twelve members. The
following members are appointed by the governor for terms
of four years, except that five members initially are appointed for terms of two years: (a) Two members, one of whom
is from a city located within or along a strategic freight
corridor, appointed from a list of at least four persons
nominated by the association of Washington cities or its
successor; (b) two members, one of whom is from a county
having a strategic freight corridor within its boundaries,
appointed from a list of at least four persons nominated by
the Washington state association of counties or its successor;
(c) two members, one of whom is from a port district
located within or along a strategic freight corridor, appointed
from a list of at least four persons nominated by the Washington public ports association or its successor; (d) one
member representing the office of financial management; (e)
one member appointed as a representative of the trucking
industry; (f) one member appointed as a representative of the
railroads; (g) the secretary of the department of transportation; (h) one member representing the steamship industry;
and (i) one member of the general public. In appointing the
general public member, the governor shall endeavor to
appoint a member with special expertise in relevant fields
such as public finance, freight transportation, or public works
construction. The governor shall appoint the general public
member as chair of the board. In making appointments to
the board, the governor shall ensure that each geographic
region of the state is represented.
(3) Members of the board shall be reimbursed for
reasonable and customary travel expenses as provided in
RCW 43.03.050 and 43.03.060.
(4) If a vacancy on the board occurs by death, resignation, or otherwise, the governor shall fill the vacant position
for the unexpired term. Each vacancy in a position appointed from lists provided by the associations and departments
under subsection (2) of this section must be filled from a list
(2002 Ed.)
47.06A.020
of at least four persons nominated by the relevant association
or associations.
(5) The appointments made in subsection (2) of this
section are not subject to confirmation. [1999 c 216 § 2;
1998 c 175 § 4.]
47.06A.040 Board—Administration and staffing.
The board, at its option, may either appoint an executive
director, who shall serve at its pleasure and whose salary
shall be set by the board or make provisions ensuring the
responsibilities of the executive director are carried out by an
existing transportation-related state agency or by private contract. Staff support to the board shall be provided by the
department of transportation, the transportation improvement
board, and the county road administration board, or their
successor agencies. [1999 c 216 § 3; 1998 c 175 § 5.]
47.06A.050 Allocation of funds. (1) For the purpose
of allocating funds for the freight mobility strategic investment program, the board shall allocate the first fifty-five
percent of funds to the highest priority projects, without
regard to location.
(2) The remaining funds shall be allocated equally
among three regions of the state, defined as follows:
(a) The Puget Sound region includes King, Pierce, and
Snohomish counties;
(b) The western Washington region includes Clallum,
Jefferson, Island, Kitsap, San Juan, Skagit, Whatcom, Clark,
Cowlitz, Grays Harbor, Lewis, Mason, Pacific, Skamania,
Thurston, and Wahkiakum counties; and
(c) The eastern Washington region includes Adams,
Chelan, Douglas, Ferry, Grant, Lincoln, Okanogan, Pend
Oreille, Spokane, Stevens, Whitman, Asotin, Benton,
Columbia, Franklin, Garfield, Kittitas, Klickitat, Walla
Walla, and Yakima counties.
(3) If a region does not have enough qualifying projects
to utilize its allocation of funds, the funds will be made
available to the next highest priority project, without regard
to location.
(4) In the event that a proposal contains projects in
more than one region, for purposes of assuring that equitable
geographic distributions are made under subsection (2) of
this section, the board shall evaluate the proposal and
proportionally assign the benefits that are attributable to each
region.
(5) If the board identifies a project for funding, but later
determines that the project is not ready to proceed at the
time the legislature’s funding decision is pending, the board
shall recommend removing the project from consideration
and the next highest priority project shall be substituted in
the project portfolio. Any project removed from funding
consideration because it is not ready to proceed shall retain
its position on the priority project list and is eligible to be
recommended for funding in the next project portfolio submitted by the board. [1998 c 175 § 6.]
47.06A.060 Grants and loans. In order to aid the
financing of eligible freight mobility projects, the board may:
(1) Make grants or loans from funds appropriated for
the freight mobility strategic investment program for the
purpose of financing freight mobility projects. The board
[Title 47 RCW—page 27]
47.06A.060
Title 47 RCW: Public Highways and Transportation
may require terms and conditions as it deems necessary or
convenient to carry out the purposes of this chapter.
(2) The state shall not bear the financial burden for
project costs unrelated to the movement of freight. Project
amenities unrelated to the movement of freight may not be
submitted to the board as part of a project proposal under the
freight mobility strategic investment program.
(3) All freight mobility projects aided in whole or in
part under this chapter must have a public entity designated
as the lead project proponent. [1998 c 175 § 7.]
47.06A.070 Records. The board shall keep proper
records and shall be subject to audit by the state auditor.
[1998 c 175 § 8.]
47.06A.080 Port district development plans. Port
districts in the state shall submit their development plans to
the relevant regional transportation planning organization or
metropolitan planning organization, the department, and
affected cities and counties to better coordinate the development and funding of freight mobility projects. [1998 c 175
§ 9.]
47.06A.900 Severability—1998 c 175. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1998 c 175 § 15.]
Chapter 47.06B
COORDINATING SPECIAL
NEEDS TRANSPORTATION
Sections
47.06B.010
47.06B.012
47.06B.015
47.06B.020
47.06B.030
47.06B.030
47.06B.040
47.06B.900
47.06B.901
Finding—Intent.
Definitions.
Program for Agency Coordinated Transportation.
Agency council on coordinated transportation—Creation,
membership, staff.
Council—Duties (as amended by 1999 c 372).
Council—Duties (as amended by 1999 c 385).
Local planning forums.
Council—Termination.
Repealer.
47.06B.010 Finding—Intent. (Effective until June
30, 2008.) The legislature finds that transportation systems
for persons with special needs are not operated as efficiently
as possible. In some cases, programs established by the
legislature to assist persons with special needs can not be
accessed due to these inefficiencies and coordination
barriers.
It is the intent of the legislature that public transportation agencies, pupil transportation programs, private nonprofit transportation providers, and other public agencies sponsoring programs that require transportation services coordinate those transportation services. Through coordination of
transportation services, programs will achieve increased
efficiencies and will be able to provide more rides to a
greater number of persons with special needs. [1999 c 385
§ 1; 1998 c 173 § 1.]
[Title 47 RCW—page 28]
47.06B.012 Definitions. (Effective until June 30,
2008.) The definitions in this section apply throughout this
chapter.
(1) "Persons with special transportation needs" means
those persons, including their personal attendants, who
because of physical or mental disability, income status, or
age are unable to transport themselves or purchase transportation.
(2) "Special needs coordinated transportation" is
transportation for persons with special transportation needs
that is developed through a collaborative community process
involving transportation providers; human service programs
and agencies; consumers; social, educational, and health
service providers; employer and business representatives;
employees and employee representatives; and other affected
parties. [1999 c 385 § 2.]
47.06B.015 Program for Agency Coordinated
Transportation. (Effective until June 30, 2008.) In order
to increase efficiency, to reduce waste and duplication, to
enable people to access social and health services, to provide
a basic level of mobility, and to extend and improve transportation services to people with special transportation needs,
the state shall implement the Program for Agency Coordinated Transportation. The program will improve transportation efficiency and effectiveness to maximize the use of
community resources so that more people can be served
within available funding levels.
The Program for Agency Coordinated Transportation
will facilitate a statewide approach to coordination and will
support the development of community-based coordinated
transportation systems that exhibit the following characteristics:
(1) Organizations serving persons with special transportation needs share responsibility for ensuring that customers
can access services.
(2) There is a single entry process for customers to use
to have trips arranged and scheduled, so the customer does
not have to contact different locations based on which
sponsoring agency or program is paying for the trip.
(3) A process is in place so that when decisions are
made by service organizations on facility siting or program
policy implementation, the costs of client transportation and
the potential effects on the client transportation costs of other
agencies or programs are considered. Affected agencies are
given an opportunity to influence the decision if the potential
impact is negative.
(4) Open local market mechanisms give all providers
who meet minimum standards an opportunity to participate
in the program, and, in addition, allow for cost comparisons
so that purchasers can select the least expensive trip most
appropriate to the customer’s needs.
(5) There is flexibility in using the available vehicles in
a community so that the ability to transport people is not
restricted by categorical claims to vehicles.
(6) There is maximum sharing of operating facilities and
administrative services, to avoid duplication of costly
program elements.
(7) Trip sponsors and service providers have agreed on
a process for allocating costs and billing when they share use
of vehicles.
(2002 Ed.)
Coordinating Special Needs Transportation
(8) Minimum standards exist for at least safety, driver
training, maintenance, vehicles, and technology to eliminate
barriers that may prevent sponsors from using each other’s
vehicles or serving each other’s clients.
(9) The system is user friendly. The fact that the
system is supported by a multitude of programs and agencies
with different eligibility, contracting, service delivery,
payment, and funding structures does not negatively affect
the customer’s ability to access service.
(10) Support is provided for research, technology
improvements, and sharing of best practices from other
communities, so that the system can be continually improved.
(11) There are performance goals and an evaluation
process that leads to continuous system improvement. [1999
c 385 § 3.]
47.06B.020 Agency council on coordinated transportation—Creation, membership, staff. (Effective until
June 30, 2008.) (1) The agency council on coordinated
transportation is created. The council is composed of nine
voting members and eight nonvoting, legislative members.
(2) The nine voting members are the superintendent of
public instruction or a designee, the secretary of transportation or a designee, the secretary of the department of social
and health services or a designee, and six members appointed by the governor as follows:
(a) One representative from the office of the governor;
(b) Two persons who are consumers of special needs
transportation services;
(c) One representative from the Washington association
of pupil transportation;
(d) One representative from the Washington state transit
association; and
(e) One of the following:
(i) A representative from the community transportation
association of the Northwest; or
(ii) A representative from the community action council
association.
(3) The eight nonvoting members are legislators as
follows:
(a) Four members from the house of representatives,
two from each of the two largest caucuses, appointed by the
speaker of the house of representatives, two who are
members of the house transportation policy and budget
committee and two who are members of the house appropriations committee; and
(b) Four members from the senate, two from each of the
two largest caucuses, appointed by the president of the
senate, two members of the transportation committee and
two members of the ways and means committee.
(4) Gubernatorial appointees of the council will serve
two-year terms. Members may not receive compensation for
their service on the council, but will be reimbursed for actual
and necessary expenses incurred in performing their duties
as members as set forth in RCW 43.03.220.
(5) The secretary of transportation or a designee shall
serve as the chair.
(6) The department of transportation shall provide
necessary staff support for the council.
(2002 Ed.)
47.06B.015
(7) The council may receive gifts, grants, or endowments from public or private sources that are made from
time to time, in trust or otherwise, for the use and benefit of
the purposes of the council and spend gifts, grants, or
endowments or income from the public or private sources
according to their terms, unless the receipt of the gifts,
grants, or endowments violates RCW 42.17.710. [1998 c
173 § 2.]
47.06B.030 Council—Duties (as amended by 1999 c 372).
(Effective until June 30, 2008.) The council shall:
(1) Develop standards and strategies for coordinating special needs
transportation;
(2) Identify and develop, fund as resources are made available, and
monitor coordinated transportation pilot projects;
(3) Disseminate and encourage the widespread implementation of
successful demonstration projects;
(4) Identify and address barriers to transportation coordination;
(5) Recommend to the legislature changes in law to assist coordination
of transportation services;
(6) Act as an information clearinghouse and advocate for coordinated
transportation;
(7) Petition the office of financial management to make whatever
changes are deemed necessary to identify transportation costs in all
executive agency budgets((;
(8) Report to the legislature by December 1, 1998, on council
activities including, but not limited to, what demonstration projects have
been undertaken, how coordination affected service levels, and whether
these efforts produced savings that allowed expansion of services. Reports
must be made once every two years thereafter, and other times as the
council deems necessary)). [1999 c 372 § 13; 1998 c 173 § 3.]
47.06B.030 Council—Duties (as amended by 1999 c 385).
(Effective until June 30, 2008.) To assure implementation of the Program
for Agency Coordinated Transportation, the council, in coordination with
stakeholders, shall:
(1) Develop ((standards and strategies for coordinating special needs
transportation;
(2) Identify and develop, fund as resources are made available, and
monitor coordinated transportation pilot projects;
(3) Disseminate and encourage the widespread implementation of
successful demonstration projects;
(4) Identify and address barriers to transportation coordination;
(5) Recommend to the legislature changes in law to assist coordination
of transportation services;
(6) Act as an information clearinghouse and advocate for coordinated
transportation;
(7))) guidelines for local planning of coordinated transportation in
accordance with this chapter;
(2) Initiate local planning processes by contacting the board of
commissioners and county councils in each county and encouraging them
to convene local planning forums for the purpose of implementing special
needs coordinated transportation programs at the community level;
(3) Work with local community forums to designate a local lead
organization that shall cooperate and coordinate with private and nonprofit
transportation brokers and providers, local public transportation agencies,
local governments, and user groups;
(4) Provide a forum at the state level in which state agencies will
discuss and resolve coordination issues and program policy issues that may
impact transportation coordination and costs;
(5) Provide guidelines for state agencies to use in creating policies,
rules, or procedures to encourage the participation of their constituents in
community-based planning and coordination, in accordance with this
chapter;
(6) Facilitate state-level discussion and action on problems and barriers
identified by the local forums that can only be resolved at either the state
or federal level;
(7) Develop and test models for determining the impacts of facility
siting and program policy decisions on transportation costs;
(8) Develop methodologies and provide support to local and state
agencies in identifying transportation costs;
(9) Develop guidelines for setting performance measures and
evaluating performance;
[Title 47 RCW—page 29]
47.06B.030
Title 47 RCW: Public Highways and Transportation
(10) Develop monitoring reporting criteria and processes to assess
state and local level of participation with this chapter;
(11) Administer and manage grant funds to develop, test, and facilitate
the implementation of coordinated systems;
(12) Develop minimum standards for safety, driver training, and
vehicles, and provide models for processes and technology to support
coordinated service delivery systems;
(13) Provide a clearinghouse for sharing information about transportation coordination best practices and experiences;
(14) Promote research and development of methods and tools to
improve the performance of transportation coordination in the state;
(15) Provide technical assistance and support to communities;
(16) Facilitate, monitor, provide funding as available, and give
technical support to local planning processes;
(17) Form, convene, and give staff support to stakeholder work groups
as needed to continue work on removing barriers to coordinated transportation;
(18) Advocate for the coordination of transportation for people with
special transportation needs at the federal, state, and local levels;
(19) Recommend to the legislature changes in laws to assist coordination of transportation services;
(20) Petition the office of financial management to make whatever
changes are deemed necessary to identify transportation costs in all
executive agency budgets;
(((8))) (21) Report to the legislature by December 1, ((1998)) 2000,
on council activities including, but not limited to, the progress of community planning processes, what demonstration projects have been undertaken,
how coordination affected service levels, and whether these efforts produced
savings that allowed expansion of services. Reports must be made once
every two years thereafter, and other times as the council deems necessary.
[1999 c 385 § 5; 1998 c 173 § 3.]
Reviser’s note: RCW 47.06B.030 was amended twice during the
1999 legislative session, each without reference to the other. For rule of
construction concerning sections amended more than once during the same
legislative session, see RCW 1.12.025.
47.06B.040 Local planning forums. (Effective until
June 30, 2008.) The council may request, and may require
as a condition of receiving coordination grants, selected
county governments to convene local planning forums and
invite participation of all entities, including tribal governments, that serve or transport persons with special transportation needs. Counties are encouraged to coordinate and
combine their forums and planning processes with other
counties, as they find it appropriate. The local community
forums must:
(1) Designate a lead organization to facilitate the
community planning process on an ongoing basis;
(2) Identify functional boundaries for the local coordinated transportation system;
(3) Clarify roles and responsibilities of the various
participants;
(4) Identify community resources and needs;
(5) Prepare a plan for developing a coordinated transportation system that meets the intent of this chapter,
addresses community needs, and efficiently uses community
resources to address unmet needs;
(6) Implement the community coordinated transportation
plan;
(7) Develop performance measures consistent with
council guidelines;
(8) Develop a reporting process consistent with council
guidelines;
(9) Raise issues and barriers to the council when
resolution is needed at either the state or federal level;
(10) Develop a process for open discussion and input on
local policy and facility siting decisions that may have an
impact on the special needs transportation costs and service
[Title 47 RCW—page 30]
delivery of other programs and agencies in the community.
[1999 c 385 § 6.]
47.06B.900 Council—Termination. The agency
council on coordinated transportation is terminated on June
30, 2007, as provided in RCW 47.06B.901. [1999 c 385 §
7; 1998 c 173 § 6.]
47.06B.901 Repealer. The following acts or parts of
acts, as now existing or hereafter amended, are each repealed, effective June 30, 2008:
(1) RCW 47.06B.010 and 1999 c 385 § 1 & 1998 c 173
§ 1;
(2) RCW 47.06B.012 and 1999 c 385 § 2;
(3) RCW 47.06B.015 and 1999 c 385 § 3;
(4) RCW 47.06B.020 and *1999 c 385 § 4 & 1998 c
173 § 2;
(5) RCW 47.06B.030 and 1999 c 385 § 5 & 1998 c 173
§ 3; and
(6) RCW 47.06B.040 and 1999 c 385 § 6. [1999 c 385
§ 8; 1998 c 173 § 7.]
*Reviser’s note: 1999 c 385 § 4 was vetoed.
Chapter 47.06C
PERMIT EFFICIENCY AND ACCOUNTABILITY
Sections
47.06C.010 Findings—Intent.
47.06C.020 Definitions.
47.06C.030 Transportation permit efficiency and accountability committee.
47.06C.040 Committee responsibilities.
47.06C.050 Pilot projects.
47.06C.060 Local government participation.
47.06C.070 Interim permit process.
47.06C.080 Department organization and administrative actions.
47.06C.090 Training and compliance.
47.06C.100 Cost reimbursement.
47.06C.900 Captions not law—2001 1st sp.s. c 2.
47.06C.901 Expiration date—2001 1st sp.s. c 2.
47.06C.902 Effective date—2001 1st sp.s. c 2.
47.06C.903 Severability—2001 1st sp.s. c 2.
47.06C.010 Findings—Intent. (Expires March 31,
2003.) The legislature finds that the public health and safety
of its citizens, the natural resources, and the environment are
vital interests of the state that need to be protected and
preserved. The legislature further finds that the safety of the
traveling public and the state’s economic well-being are vital
interests that depend upon the development of cost-effective
and efficient transportation systems planned, designed,
constructed, and maintained through expedited permit
decision-making processes.
It is the intent of the legislature to achieve transportation
permit reform that expedites the delivery of statewide
significant transportation projects through a streamlined
approach to environmental permit decision making. To
optimize the limited resources available for transportation
system improvements and environmental protection, state
regulatory and natural resource agencies, public and private
sector interests, Indian tribes, and the department of transportation must work cooperatively to establish common goals,
minimize project delays, develop consistency in the applica(2002 Ed.)
Permit Efficiency and Accountability
tion of environmental standards, maximize environmental
benefits through coordinated investment strategies, and
eliminate duplicative processes through assigned responsibilities of selected permit drafting and compliance activities
between state and federal agencies.
Therefore, the transportation permit efficiency and
accountability committee is created. The committee shall
integrate current environmental standards, but may not create
new environmental standards. The committee shall conduct
three environmental permit streamlining pilot projects and
create a process to develop general permits. Additionally,
the committee shall seek federal delegation to the state
where appropriate to streamline transportation projects.
[2001 1st sp.s. c 2 § 1.]
47.06C.020 Definitions. (Expires March 31, 2003.)
The definitions in this section apply throughout this chapter
unless the context indicates otherwise.
(1) "Assigned responsibilities" means those components
of developing and implementing environmental permits,
including but not limited to, environmental review and
assessment, selected permit drafting, and selected on-site
compliance activities that may be conducted by the department.
(2) "Best available information" means the existing
sources of data, including limiting factors analyses required
under chapter 77.85 RCW that can be used to make informed decisions regarding environmental conditions within
a watershed.
(3) "Best management practices" means currently
available and generally accepted techniques, including new
technologies or strategies that seek to reduce the negative
impacts of transportation facilities, projects, and services on
communities and the environment, and promote more
efficient and effective use of transportation facilities.
(4) "Committee" means the transportation permit
efficiency and accountability committee created in RCW
47.06C.030.
(5) "Least cost planning" means the use of best available information within a watershed basin applied to transportation decision making in the planning, permit decision
making, and mitigation phases of a project.
(6) "Low-impact development project" means an activity
or series of actions that conform to a comprehensive land
use planning and engineering design approach with a goal of
maintaining or restoring existing natural habitat functions
and hydrologic regime of urban and developing watersheds.
These projects incorporate strategic watershed planning with
site-specific management techniques to reduce development
impacts to better replicate natural watershed hydrology and
water quality, while allowing for development or infrastructure rehabilitation to occur.
(7) "One-stop permit decision making" means a coordinated permit decision-making process that streamlines
environmental review and permit decision making for
transportation projects by providing concurrent, consolidated
review by each agency required to review the project.
(8) "Programmatic approach" means a permit or other
action that covers a geographic or statewide area and applies
to a variety of projects, activities, or locales. A programmat-
(2002 Ed.)
47.06C.010
ic approach may allow actions to proceed without individual
approval by each permit decision-making agency.
(9) "Transportation project of statewide significance"
means a surface transportation project or combination of
surface transportation projects, that crosses multiple city or
county jurisdictional boundaries or connects major state
destinations in support of the state’s economy and is so
designated by the department of transportation and approved
by the transportation committees of the senate and house of
representatives. The transportation committees of the senate
and house of representatives may also jointly designate these
projects. The pilot projects established in this chapter are
examples of transportation projects of statewide significance,
but transportation projects of statewide significance are not
limited to the pilot projects.
(10) "Watershed" means a water resource inventory
area. [2001 1st sp.s. c 2 § 2.]
47.06C.030 Transportation permit efficiency and
accountability committee. (Expires March 31, 2003.) The
transportation permit efficiency and accountability committee
is created.
(1) The committee consists of nine voting members,
including two members from the house of representatives,
one from each of the two largest caucuses; two senators, one
from each of the two largest caucuses; one member designated by the secretary of transportation; one member designated
by the director of fish and wildlife; one member designated
by the director of ecology; one member designated by the
Association of Washington Cities; and one member designated by the Washington State Association of Counties. The
committee shall elect a chair from the four legislators
appointed to the committee.
(2) The committee also includes eight nonvoting
members, including one member designated by the Northwest Indian Fisheries Commission; one member designated
by the Columbia River Intertribal Fisheries Commission; one
member designated by the Consulting Engineers Council of
Washington; one member designated by the Associated
General Contractors of Washington; one member designated
by the Association of Washington Business; one member
designated by the Washington State Building and Construction Trades Council; one member designated by statewide
environmental organizations; and one member designated by
the State Fish and Wildlife Commission, to represent the
interests of citizens engaged in fish and wildlife recovery.
(3) A representative from the department of natural
resources and representatives from federal regulatory and
transportation agencies, including the Environmental Protection Agency, National Marine Fisheries Service, United
States Army Corps of Engineers, Federal Highways Administration, and United States Fish and Wildlife Service must
be invited to participate in committee deliberations as
nonvoting members.
(4) The committee may create technical subcommittees
as needed. Technical subcommittees created for a specific
pilot project or pilot projects must include, but are not
limited to, representatives of local governments from
jurisdictions affected by those projects. Recommendations
made by a technical subcommittee must be approved by a
majority of the voting members of the committee.
[Title 47 RCW—page 31]
47.06C.030
Title 47 RCW: Public Highways and Transportation
(5) Nonvoting members will not be compensated but
will receive reimbursement for travel expenses in accordance
with RCW 43.03.050 and 43.03.060.
(6) The department of transportation office of environmental affairs shall provide administrative and clerical
assistance to the committee.
(7) No vote of the committee may overrule existing
statutes, regulations, or local ordinances. [2001 1st sp.s. c
2 § 3.]
47.06C.040 Committee responsibilities. (Expires
March 31, 2003.) (1) The committee and its authorized
technical subcommittees shall develop a one-stop permit
decision-making process that uses interdisciplinary review of
transportation projects of statewide significance to streamline
and expedite permit decision making. The committee shall
collaborate with appropriate agencies and parties to identify
existing environmental standards, to assess the application of
those standards, and develop an integrated permitting process
based upon environmental standards and best management
practices, which may use prescriptive or performance
standards, for transportation projects of statewide significance that can be applied with certainty, consistency, and
assurance of swift permit action, while taking into account
the varying environmental conditions throughout the state.
(2) The committee shall give notice to the legislative
authority of each affected county and city of the projects that
are designated as transportation projects of statewide
significance.
(3) The committee shall create a technical subcommittee
with representation at a minimum from the department of
fish and wildlife, the department of ecology, and the department of transportation.
(a) Within six months from the first meeting of the
committee, the subcommittee shall create a process to
develop a programmatic approach for transportation projects.
The committee shall review the department’s construction
project list to determine which projects or activities may be
included in the programmatic approach and develop agreements to cover those projects or activities. At a minimum,
this process must require that decisions on minor variations
to the requirements of a programmatic approach must be
provided by the permit decision-making agencies within
twenty-one days of submittal.
(b) The technical subcommittee’s recommendations must
be approved by a majority of the voting members of the
committee.
(4) The committee shall explore the development of a
consolidated local permit process.
(5) The committee shall develop and prioritize a list of
permit streamlining opportunities, specifically identifying
substantive and procedural duplications and recommendations for resolving those duplications. The committee shall
evaluate current laws and regulations and develop recommendations on ways to minimize the lapsing of permits.
The committee shall evaluate flexible approaches that maximize transportation and environmental interests and make
recommendations regarding where those approaches should
be implemented. The committee shall report its findings and
recommendations to the legislature by January 15, 2002.
[Title 47 RCW—page 32]
(6) The committee shall undertake the following
activities to develop a watershed approach to environmental
mitigation:
(a) Develop methodologies for analyzing environmental
impacts and applying compensatory mitigation consistent
with a watershed-based approach before final design, including least cost methodology and low-impact development
methodology;
(b) Assess models to collate and access watershed data
to support early agency involvement in transportation
planning and reviews under the national Environmental
Policy Act and the State Environmental Policy Act; and
(c) Use existing best available information from watershed planning efforts, lead entities, regional fisheries
enhancement groups, and other recognized entities as deemed
appropriate by the committee, to determine potential mitigation requirements for projects within a watershed. Priority
consideration should be given to the use of the state’s
alternative mitigation policy guidance to best link transportation mitigation needs with local watershed and lead entity
project lists.
(7) The committee shall seek federal delegation to the
state where appropriate to streamline permit processes for
transportation projects of statewide significance including:
Delegation of section 404 permit authority under the Clean
Water Act; nonfederal lead agency status under the federal
Endangered Species Act; section 106 cultural resource
designation under the National Historic Preservation Act; and
other appropriate authority that when delegated should result
in permit streamlining.
(8) The committee shall develop a dispute resolution
process to resolve conflicts in interpretation of environmental
standards and best management practices, mitigation requirements, permit requirements, assigned responsibilities, and
other related issues by September 1, 2001. The dispute
resolution process may not abrogate or supplant any appeal
right of any party under existing statutes. The dispute
resolution process must be designed to include federal agencies if they choose to participate.
(9) The committee shall develop preliminary models and
strategies for agencies to test how best to maximize the
environmental investment of transportation funds on a
watershed basis. After agencies test the models and strategies developed by the committee, the committee shall
evaluate the models and strategies and make recommendations to the legislature.
(10) The committee shall develop a consistent methodology for the timely and predictable submittal and evaluation
of completed plans and specifications detailing project
elements that impact environmental resources as well as
proposed mitigation measures during the preliminary
specifications and engineering phase of project development
and submit information on the consistent methodology to the
legislature.
(11) The committee shall provide a summary report to
the legislature on September 15, 2001, and every six months
thereafter. [2001 1st sp.s. c 2 § 4.]
47.06C.050 Pilot projects. (Expires March 31,
2003.) (1) The committee shall select and conduct permit
reform pilot projects in three locales: (a) Urban near built(2002 Ed.)
Permit Efficiency and Accountability
out conditions; (b) urban centers serving as crucial rural
connectors; and (c) rural corridors critical to statewide
economic productivity. The pilot projects must test the
assignment of responsibilities such as selected permit
drafting and selected compliance activities to the department.
(2) The committee shall commence efforts to apply
streamlining lessons learned from the streamlined permit
process for the pilot projects to as many other transportation
projects of statewide significance as quickly as possible. In
reporting to the legislature, the committee may recommend
statutory or regulatory changes that would result in streamlining for future projects.
(3) The department and permitting agencies shall apply
an interim interdisciplinary permit review process for the
pilot projects as set forth in this section. This process must
provide coordinated review and approval of permit applications; provide coordinated and consolidated public
hearings where required by one or more regulatory agencies
under state law; and coordinate timelines for permit decision
making.
(4) The committee shall give notice to the legislative
authority of each affected county and city of the projects the
committee has designated as pilot projects. Each county and
city notified must be offered the opportunity to participate in
the pilot projects as provided for in this chapter. The
department shall provide funding assistance for participation.
(5) The committee shall develop a dispute resolution
process to resolve conflicts in interpretation of environmental
standards and best management practices, mitigation requirements, permit requirements, assigned responsibilities, the
streamlined process for pilot projects set forth in this section,
and other related issues by September 1, 2001. The dispute
resolution process may not abrogate or supplant any appeal
right of any party under existing statutes. The dispute
resolution process must be designed to include federal agencies if they choose to participate. The dispute resolution
process must be applied to the pilot projects.
(6) The streamlined process for the pilot projects must
be based on the following model:
(a) Step 1: The department and permitting agencies will
agree on coordination for environmental review under the
state and national environmental policy acts, including
document preparation, public comment opportunities, and
timelines.
(b) Step 2: For each project, the department will
convene a meeting of all entities with permitting authority to
review:
(i) The proposed conceptual design for the project and
alternative routes, construction approaches, or mitigation
approaches;
(ii) All known reviewing entities, permit application and
approval requirements, and timelines; and
(iii) A coordinated timeline that allows all statutory
requirements to be met.
(c) Step 3: The department will draft all necessary
permits to proceed with the preferred alternative using
relevant agreements with permitting agencies.
(d) Step 4: The department will provide public notice
in conformity with all applicable statutes and regulations and
allow the required time for public hearings and written
comments.
(2002 Ed.)
47.06C.050
(e) Step 5: The department may revise the draft permits
after consideration of public comments and applying all
relevant agreed upon standards.
(f) Step 6: All permits will be disseminated to permitting agencies for final review. All reviews will be completed within forty-five days, at which time the permitting
agencies will act upon the permit and either approve the
permit or return it without approval.
(g) Step 7: If the permit is returned to the department
without approval, the permitting agencies will have one
opportunity to identify errors or omissions and any remaining specific deficiencies or circumstances not previously addressed by agreements between the department and agencies
that must be met or addressed to be compliant with applicable law. The department may revise the permit as warranted
and resubmit the permit to the permitting agency, which will
have fifteen days from receipt of the revised permit to take
final action.
(h) Step 8: Disputes related to permit decisions will be
addressed by the dispute resolution process established by
the committee. [2001 1st sp.s. c 2 § 5.]
47.06C.060 Local government participation.
(Expires March 31, 2003.) (1) This section establishes
procedures for city, town, and county governments to
participate in the processes identified in this chapter to
provide for coordinated, multijurisdictional environmental
review and permitting decisions for pilot projects and
transportation projects of statewide significance.
(2) Each city, town, and county within whose boundaries is located or partially located one or more projects
identified in subsection (1) of this section, shall elect
whether or not to participate in coordinated processes for
environmental review and permitting of those projects as
required in this chapter. If the city, town, or county elects
to participate, it may do so as either a participating entity or
as an assigning entity.
(a) If a city, town, or county elects to be considered as
a participating entity, the committee must then include a
representative designated by the city, town, or county in the
coordinated review of the project. The department shall
compensate the jurisdiction for technical support required for
participation in the process. The jurisdiction will also be
eligible for reimbursement for permit fees set by local
ordinances and other agreed upon costs associated with the
issuance of project permits.
(b) For the purposes of expediting the permit process,
a city, town, or county may elect to assign its permit
responsibilities under chapter 39.34 RCW to the department
simultaneously with its notification to the department as
specified in this section. The city, town, or county electing
to assign its responsibilities shall enter into an agreement
with the department to define the local permit requirements
that must be met. Permits issued under the negotiated agreement are presumed to at least meet local environmental
permit requirements. A city, town, or county choosing to
use this option is eligible for a permit fee set by local
ordinances associated with the issuance of the project permits.
(3) If the city, town, or county elects not to participate
in the coordinated processes for the pilot projects designated
[Title 47 RCW—page 33]
47.06C.060
Title 47 RCW: Public Highways and Transportation
in this chapter or transportation projects of statewide
significance the department will issue the locally required
permits, when allowable. The department shall comply with
all provisions of city, town, and county ordinances, and the
department permit approval is presumed to at least meet the
local environmental review and permit requirements.
(4) Any city, town, or county shall notify the department within sixty days of receipt of the committee’s notification of project designation, as to whether it elects to be
considered as a participating entity or an assigning entity, or
elects not to participate in the coordinated process provided
in this chapter.
(5) The committee shall review and evaluate the process
by which local governments review and approve pilot
projects and transportation projects of statewide significance,
and shall provide recommendations to the legislature to
improve the coordination of the local process with state and
federal reviews as part of the reports required by this
chapter.
(6) A city, town, or county is not liable for decisions
made by the department that result in a failure to comply
with city, town, or county ordinances except as provided in
the interlocal agreements, and the department shall defend
and answer to any actions or complaints challenging the
validity of permits issued under this section. [2001 1st sp.s.
c 2 § 6.]
47.06C.070 Interim permit process. (Expires March
31, 2003.) Until integrated standards and best management
practices have been adopted by the committee, the department may use the following process for transportation
projects of statewide significance, including projects requested by a project sponsor.
(1) Step 1: Conceptual description. The department
will identify project purposes, the approximate location or
alternative locations, and the federal, state, and local agencies that might have authority to review and approve the
project or portions of it at any such locations, and a preliminary interagency communication list identifying agencies that
may be interested in the proposed project and, where known,
contact persons in such agencies. If the department is going
to proceed with step 2 or to abandon the project, it may
complete step 1 by: (a) Providing a summary of the
outcome to all agencies on the list; and (b) making the
summary available to the public.
(2) Step 2: Early involvement of other agencies. (a) At
any time after completing step 1, the department will provide
notice to all agencies on the interagency communication list
and the public. Within thirty days, or a longer time if
specified by the department, each state, local, and federal
agency will be encouraged to identify:
(i) A primary contact person to coordinate future
communications with the department and other interested
agencies regarding the project, or indicate that it has no
interest in the project and need not remain on the project
information list;
(ii) Its role with respect to the proposed project;
(iii) Additional alternative locations the department
should consider and the roles it would expect to have with
the project at those locations;
[Title 47 RCW—page 34]
(iv) Other agencies it believes should be added to the
list for the project; and
(v) Other information the agency requests the department to consider.
(b) After all state and local agencies on the list have
responded, or at least ten days after expiration of the
specified response time, the department may complete step
2 by: (i) Proposing one or more conceptual designs for the
project at a proposed location and any alternative locations
then being considered; (ii) providing a summary of the
results of step 2, including a statement that the department
considers step 2 to be complete or complete except for
specified issues remaining to be resolved with specified
agencies, to all agencies on the interagency communication
list; and (iii) making the summary available to the public.
(3) Step 3: Identify environmental reviews, permits, and
other approvals, application procedures, and decision
standards. (a) At any time after completing step 2, the
department may initiate step 3 by notice to all agencies on
the list and the public. This notice may include a threshold
determination on whether an environmental impact statement
(EIS) or supplemental EIS will be prepared or an environmental checklist and request for comments on what steps
should be taken to comply with chapter 43.21C RCW, the
State Environmental Policy Act (SEPA). Within thirty days,
or a longer time if specified by the department, each state,
local, and federal agency will be encouraged to identify:
(i) The procedures under which it expects environmental
reviews of the project to occur;
(ii) All permits and other approvals it might require for
the project at each alternative location and conceptual
design;
(iii) What is needed for the department to file a complete application for each permit or other approval;
(iv) The laws, regulations, ordinances, and policies it
would administer with respect to the project at each alternative location and conceptual design; and
(v) Other information the agency requests the department to consider in deciding whether, when, where, or how
to proceed with the project.
(b) After all state and local agencies on the list have
responded, or at least ten days after expiration of the
specified response time, the department may complete step
3 by:
(i) Adopting a list of all environmental reviews, permits,
and other approvals it believes are needed for the project
under each alternative being considered;
(ii) Providing all agencies on the list a copy of that list
and a summary of the other results of step 3, including a
statement that the department considers step 3 to be complete or complete except for specified issues remaining to be
resolved with specified agencies; and
(iii) Making the list and summary available to the
public.
(c) The list and summary will be presumed to accurately
identify all environmental reviews, permits, and other
approvals needed for each alternative described, what is
required for applications to be considered complete, and the
standards under which applications will be reviewed and
approved, unless an aggrieved agency or person files
objections within thirty days after the list and summary are
distributed.
(2002 Ed.)
Permit Efficiency and Accountability
(4) Step 4: Tentative selection of preferred alternative.
(a) At any time after completing step 3, the department may
initiate step 4 by notice to all agencies on the list and the
public. This notice may be accompanied by a scoping notice
for an EIS or supplemental EIS or, if available, be accompanied by a draft EIS or supplemental EIS. It also may be
accompanied by the department’s preliminary analysis of the
advantages and disadvantages of each identified alternative,
or other information that may be helpful to other interested
agencies and the public in identifying advantages and
disadvantages. Within fourteen days, or a longer time if
specified by the department, each state, local, and federal
agency will be encouraged to identify:
(i) For each identified alternative, the specific features
it considers significant with respect to its role in environmental reviews, permits, or other approvals for the project;
the reasons these features are significant, and any concerns
it may have about the alternative because of potential
adverse impacts of these features on resources or social
policies within its jurisdiction;
(ii) For each feature for which it raises concerns,
recommendations on how the potential adverse impacts could
be avoided, minimized, and mitigated;
(iii) For each feature for which it raises concerns, an assessment of the relative ranking of each alternative with
respect to whether and to what extent these concerns apply;
(iv) Recommendations the agency may have as to which
alternatives should be retained or dropped from further
consideration, and ways in which alternatives might be
modified or combined to address its concerns, recognizing
that final decisions can be made only through the applicable
environmental review, permit, and other approval processes
and the agency making them is not bound with respect to
any future decisions it may make regarding the project;
(v) Other information the agency requests the department to consider in deciding whether, when, where, or how
to proceed with the project.
(b) After all state and local agencies on the list have
responded, or at least ten days after expiration of the
specified response time, the department may complete step
4 by:
(i) Selecting a preferred alternative for purposes of all
environmental reviews, permits, and other approvals needed
for the project;
(ii) Providing all agencies on the list a description of the
preferred alternative and summary of the other results of step
4, including a statement that the department considers step
4 to be complete or complete except for specified issues
remaining to be resolved with specified agencies; and
(iii) Making the preferred alternative and summary
available to the public. The preferred alternative will be
identified in all environmental reviews, permits, and other
approvals needed for the project.
(5) Step 5: Completing environmental reviews and
applications for permits and other approvals. (a) At any
time after completing step 4, the department may initiate
step 5 by notice to all agencies on the list and the public. A
draft EIS or supplemental EIS, the department’s draft plans
and specifications for the project, and draft applications for
some or all permits and other approvals may be provided
with the notice or when they subsequently become available.
Within thirty days, or a longer time if specified by the
(2002 Ed.)
47.06C.070
department, each state, local, and federal agency will be
encouraged to identify:
(i) All concerns it previously raised regarding the
alternative, and other alternatives still under consideration,
that have not been resolved to its satisfaction;
(ii) Additional concerns it may have, particularly
concerns resulting from additional information about the
project location and design, and other new information
received since the completion of step 4;
(iii) Additional environmental reviews, permits, or other
approvals needed for the preferred alternative because of
changes in laws, regulations, or policies or changes in the
project location or design since these issues were last reviewed in step 3 or 4;
(iv) Changes in applicable requirements for complete
applications for permits or other approvals under its jurisdiction since these issues were last reviewed in step 3 or 4;
(v) Other changes in applicable laws, regulations,
ordinances, or policies administered by the agency since
these issues were last reviewed in step 3 or 4;
(vi) Whether a draft application proposed by the
department for a permit or other approval from the agency
is complete, and if not, what additional information or other
changes are needed for it to be complete.
(b) When all state and local agencies on the list have
responded, or at least ten days after expiration of the
specified response time, the department may complete step
5 by:
(i) Completing some or all environmental review
processes and draft application forms for permits and other
approvals that it reasonably believes to be complete;
(ii) Providing all agencies on the interagency communication list with environmental review and application
documents and a summary of the other results of step 5,
including a statement that the department considers step 5 to
be complete or complete except for specified issues remaining to be resolved with specified agencies; and
(iii) Making the completed environmental review
documents and summary available to the public. The
preferred alternative will be identified in all environmental
reviews, permits, and other approvals needed for the project.
(c) However, if an interested agency or aggrieved person
files objections within fourteen days after the preferred
alternative and summary are distributed, the objections will
be addressed in subsequent environmental reviews and
agency decisions regarding the project.
(6) Step 6: Completing the environmental review,
permit, and other approval processes. (a) At any time after
completing step 5, the department may initiate step 6 by
notice to all agencies on the list and the public and filing
applications for some or all permits and other approvals
needed for the project. Within thirty days, or a longer time
if specified by the department, each state, local, and federal
agency will be encouraged to:
(i) Acknowledge receipt of draft environmental review
documents provided to them and provide comments on them;
(ii) Acknowledge receipt of final environmental review
documents and determine that they are adequate for purposes
of their roles regarding the project or specify what additional
information or changes are needed for them to be considered
adequate;
[Title 47 RCW—page 35]
47.06C.070
Title 47 RCW: Public Highways and Transportation
(iii) Acknowledge receipt of each application filed with
them and determine that the application is complete or
specify what additional information or changes are needed
for it to be considered complete;
(iv) Acknowledge that the applications submitted to
them will be processed under the laws, regulations, ordinances, and policies previously identified under steps 3, 4, and 5
or specify what changes have occurred in the governing
standards that were in effect on the date a complete application was filed and thus apply to the project;
(v) Identify the significant steps necessary for the
agency to reach a final decision on applications and the
estimated time needed for each step;
(vi) Identify ways its decision-making process might be
made more efficient and effective through additional coordination with other agencies, with any recommendations for
such methods as joint solicitation and review of public
comments and jointly conducting public hearings.
(b) It is recognized that step 6 may require an iterative
process with several drafts of various environmental review
documents and applications being considered and revised,
and that changes in project location or design resulting from
the permit decisions of one agency may require revising
applications or even reopening permit decisions of other
agencies. All state and local agencies are expected, and
federal agencies are encouraged, to communicate and
cooperate to minimize the number of iterations required and
make the process as efficient and effective as possible.
Unless significant new information is obtained, decisions
made under step 6 should not be reopened except at the
request of the department, and the most recent information
available under steps 3, 4, and 5 should be presumed
accurate until significant new information becomes available.
(c) If all environmental reviews have not been completed and all permits and other approvals obtained within fortyfive days after step 6 is initiated, the department, by notice
to all agencies on the list and the public, may set a deadline
for completing reviews and decisions. At any time after the
deadline, the department may terminate the coordination
process of this section as to some or all of the reviews and
decisions that are still not completed. [2001 1st sp.s. c 2 §
7.]
47.06C.080 Department organization and administrative actions. (Expires March 31, 2003.) The legislature
finds that an essential component of streamlined permit
decision making is the ability of the department to demonstrate the capacity to meet environmental responsibilities.
Therefore, the legislature directs that:
(1) The department may amend its operating practices
applicable to obtaining project permits when:
(a) Agreements on standards or best management
practices as appropriate, are reached under RCW
47.06C.040;
(b) The committee determines that streamlining procedures and methodologies implemented for pilot projects
consistent with RCW 47.06C.050 warrant broader application;
(c) The committee determines that the assignment of
responsibilities between regulating agencies and the department is appropriate for broader use.
[Title 47 RCW—page 36]
(2) The department may develop permits for review by
permitting agencies when agreement on the standards and
best management practices covered by such permits have
been reached under RCW 47.06C.040. Regulating agencies
shall review permits based upon the agreed upon standards
and timelines developed in RCW 47.06C.040, as well as any
other applicable existing standards.
(3) Qualified environmental staff within the department
shall lead the development of all environmental documentation associated with department projects and permit activities
in accordance with the department’s project delivery tools.
(4) The department shall conduct special prebid meetings for projects that are environmentally complex. In
addition, the department shall review environmental considerations related to these projects during the preconstruction
meeting held with the contractor who is awarded the bid.
(5) Environmental staff at the department shall conduct
field inspections to ensure that project activities are performed under permit conditions. These inspectors:
(a) May issue stop work orders when compliance with
permit standards are not being met; and
(b) For this portion of their job duties, are accountable
to the director of environmental affairs of the department.
(6) Failure to comply with a stop work order may result
in civil penalties being assessed against the department and
individuals involved. Willful violation of a stop work notice
issued by the department is subject to civil penalties assessed
on the agency as well as the individuals involved. Persistent
violations by the department may result in loss of permit
drafting and program management responsibilities. [2001 1st
sp.s. c 2 § 8.]
47.06C.090 Training and compliance. (Expires
March 31, 2003.) The legislature expects the department to
continue its efforts to improve training and compliance. The
department shall:
(1) Provide training in environmental procedures and
permit requirements for those responsible for project delivery
activities;
(2) Require wetland mitigation sites to be designed by
a qualified interdisciplinary team that meets training requirements developed by the department’s environmental affairs
office in consultation with the department of ecology. Environmental mitigation site improvements must have oversight
by environmental staff;
(3) Develop an environmental compliance data system
to track all permit conditions;
(4) Report all noncompliance activities to applicable
agencies of jurisdiction along with a remedy plan;
(5) Fund the departments of ecology, natural resources,
and fish and wildlife, operating under their permit-granting
authority to conduct audits of the department’s permit
drafting and compliance activities. The department of
ecology must collate the audits in an annual report to the
legislature;
(6) Seek federal funding for dedicated technical staff at
federal permit decision-making agencies and for state costs
associated with implementation of this chapter;
(7) Fund dedicated technical staff at federal permit
decision-making entities, as appropriate, and the state
departments of ecology, natural resources, community, trade,
(2002 Ed.)
Permit Efficiency and Accountability
and economic development, and fish and wildlife to implement the requirements of this chapter;
(8) Fund a technical specialist at the Northwest Indian
Fisheries Commission and the Columbia River Intertribal
Fisheries Commission for the purpose of implementing this
chapter;
(9) Reimburse local jurisdictions for costs associated
with local participation on the committee and technical
subcommittees. [2001 1st sp.s. c 2 § 9.]
47.06C.090
Highway funds, constitutional limitations: State Constitution Art. 2 § 40
(Amendment 18).
47.08.010 Control of allocated funds. Whenever
there is provided an allocation for the construction or
improvement of state highways, the allocation shall be under
the sole charge and direct control of the department. [1984
c 7 § 92; 1961 c 13 § 47.08.010. Prior: 1937 c 53 § 32,
part; RRS § 6400-32, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.06C.100 Cost reimbursement. (Expires March
31, 2003.) The committee shall negotiate a method of cost
reimbursement for the costs associated with carrying out the
purposes of this chapter, including prior departmental agreements with permitting agencies to cover their costs for
transportation projects of statewide significance. [2001 1st
sp.s. c 2 § 10.]
47.06C.900 Captions not law—2001 1st sp.s. c 2.
(Expires March 31, 2003.) Captions used in this chapter are
not any part of the law. [2001 1st sp.s. c 2 § 11.]
47.06C.901 Expiration date—2001 1st sp.s. c 2.
This act expires March 31, 2003. [2001 1st sp.s. c 2 § 13.]
47.06C.902 Effective date—2001 1st sp.s. c 2. This
act is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government
and its existing public institutions, and takes effect immediately [May 29, 2001]. [2001 1st sp.s. c 2 § 14.]
47.06C.903 Severability—2001 1st sp.s. c 2. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [2001 1st sp.s. c 2 § 15.]
Chapter 47.08
HIGHWAY FUNDS
Sections
47.08.010
47.08.020
47.08.040
47.08.050
47.08.060
47.08.070
47.08.080
47.08.090
47.08.100
47.08.110
47.08.120
47.08.121
47.08.130
(2002 Ed.)
Control of allocated funds.
State to match federal funds.
Contracts with United States as to state highway property.
Contracts with United States—Governor to execute instrument to the United States.
Contracts with United States—Disposal of funds from the
United States.
Cooperation in public works projects, urban public transportation systems.
Funds when department is in charge of county road improvements.
Funds when department is in charge of city street improvements.
Illegal use of county or city road funds—Procedure to correct.
Misuse of county or city road funds—General penalty.
Transportation equipment fund.
Transportation equipment fund declared revolving fund of
proprietary nature—Use.
Custody of federal funds—Disbursement.
47.08.020 State to match federal funds. For the
construction, alteration, repair and improvement of state
highways, county roads, or city and town streets in the state
of Washington which are part of the public highway system,
the good faith of the state of Washington is hereby pledged
to make available funds sufficient to equal the sums appropriated to the state by or under the United States government
during succeeding fiscal years and to use and expend the
same within one year after the fiscal year for which appropriated, and in the manner and under the rules and regulations imposed by the secretary of commerce and to maintain,
or cause to be maintained, the highways or roads constructed
or improved with the aid of funds so appropriated, and to
make adequate provisions for carrying out such maintenance.
[1961 c 13 § 47.08.020. Prior: 1937 c 53 § 46; RRS §
6400-46; 1917 c 76 § 3; RRS § 6846.]
47.08.040 Contracts with United States as to state
highway property. Whenever it is necessary or desirable
for the federal government or any agency thereof to acquire
an interest in or in any way damage any property or interest
therein owned by the state of Washington and used in
connection with any highway in the state of Washington in
connection with any federal project for the development of
any river within or partially within the state of Washington,
the department is authorized, empowered, and directed to
negotiate and enter into an agreement with the proper agency
of the federal government as to the rights which shall be
acquired, the compensation which shall be made therefor and
the character of instruments by which the rights shall be
conveyed, and as to any other matters which may be
necessary in order to satisfy the requirements of the federal
government. If the agreement is required to be reduced to
writing, the writing shall be approved as to form by the
attorney general of the state of Washington. [1984 c 7 § 93;
1961 c 13 § 47.08.040. Prior: 1937 c 113 § 1; RRS §
6450-91.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.08.050 Contracts with United States—Governor
to execute instrument to the United States. Whenever the
department has entered into an agreement under RCW
47.08.040 with the federal government or any agency thereof
requiring the execution of any deed, flowage easement, or
instrument of any nature, to the federal government or
agency, and the instrument is approved as to form by the attorney general of the state of Washington, the governor of
the state of Washington is authorized and directed without
further authority and in the name of the state of Washington
to execute and deliver to the proper agency of the federal
[Title 47 RCW—page 37]
47.08.050
Title 47 RCW: Public Highways and Transportation
government any such instrument or instruments which shall
be, when attested by the secretary of state, binding upon the
state of Washington. [1984 c 7 § 94; 1961 c 13 §
47.08.050. Prior: 1937 c 113 § 2; RRS § 6450-92.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.08.060 Contracts with United States—Disposal
of funds from the United States. Whenever any moneys
shall be realized by the state of Washington as a result of
any agreement authorized by RCW 47.08.040, the same shall
be deposited in the treasury of the state of Washington to the
credit of the motor vehicle fund, and shall be available for
highway purposes only. [1967 ex.s. c 145 § 45; 1961 c 13
§ 47.08.060. Prior: 1937 c 113 § 3; RRS § 6450-93.]
47.08.070 Cooperation in public works projects,
urban public transportation systems. When it appears to
the department that any state highway will be benefited or
improved by the construction of any public works project,
including any urban public transportation system, within the
state of Washington by any of the departments of the state
of Washington, by the federal government, or by any
agency, instrumentality, or municipal corporation of either
the state of Washington or the United States, the department
is authorized to enter into cooperative agreements with any
such state department, with the United States, or with any
agency, instrumentality, or municipal corporation of either
the state of Washington or the United States, wherein the
state of Washington, acting through the department, will
participate in the cost of the public works project in such
amount as may be determined by the department to be the
value of the benefits or improvements to the particular state
highway derived from the construction of the public works
project. Under any such agreement the department may
contribute to the cost of the public works project by making
direct payment to the particular state department, federal
government, or to any agency, instrumentality, or municipal
corporation of either the state or the United States, or any
combination thereof, which may be involved in the project,
from any funds appropriated to the department and available
for highway purposes, or by doing a portion of the project
either by day labor or by contract, or in any other manner as
may be deemed advisable and necessary by the department.
[1984 c 7 § 95; 1967 c 108 § 3; 1961 c 13 § 47.08.070.
Prior: 1945 c 127 § 2; Rem. Supp. 1945 § 6400-121.]
Severability—1984 c 7: See note following RCW 47.01.141.
Urban public transportation system defined: RCW 47.04.082.
47.08.080 Funds when department is in charge of
county road improvements. If any funds become available
from the federal government or otherwise for expenditure in
conjunction with county funds for the construction, alteration, repair, or improvement of any county road and the
work is to be performed by the department, the state
treasurer shall, upon notice from the department, set aside
from any moneys in the motor vehicle fund credited to any
such county, the cost thereof, together with the cost of
engineering, supervision, and other proper items, or so much
of the money in the state treasury to the credit of the county
as may be necessary for use in conjunction with funds from
the federal government to accomplish the work. The work
[Title 47 RCW—page 38]
shall then be performed by the department and paid from the
money so set aside upon vouchers approved and submitted
by the department in the same manner as payment is made
for such work on state highways: PROVIDED, That the
legislative authority of any such county shall have, by proper
resolution, filed in duplicate in the office of the department
and approved by it, determined the county road construction,
alteration, repair, or improvement to be performed in such
county and the same is found to conform in all respects to
the requirements necessary for the use of such funds of the
federal government. [1984 c 7 § 96; 1973 c 106 § 22; 1961
c 13 § 47.08.080. Prior: 1937 c 187 § 59; RRS § 6450-59.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.08.090 Funds when department is in charge of
city street improvements. If any funds become available
from the federal government or otherwise for expenditure in
conjunction with funds accruing to any incorporated city or
town for the construction, alteration, repair, or improvement
of its city streets designated as forming a part of the route of
any state highway through the incorporated city or town and
the work is to be performed by the department, the state
treasurer shall, upon notice from the department, set aside
from any moneys in the motor vehicle fund credited to the
incorporated city or town, the cost thereof or so much
money in the state treasury to the credit of the incorporated
city or town as may be necessary in conjunction with the
funds from the federal government or otherwise to accomplish the work, the cost to be paid by the state treasurer from
the money so set aside upon vouchers approved and submitted by the department in the same manner as payment is
made for work on state highways. If any such incorporated
city or town has agreed with the state of Washington or the
federal government as a condition precedent to the acquiring
of federal funds for construction on any city street of the
incorporated city or town designated as forming a part of the
route of any state highways, that the street will be maintained to a standard and the incorporated city or town fails
to so maintain the city street, then the department may
perform the maintenance, and the state treasurer is authorized to deduct the cost thereof from any funds credited or
to be credited to the incorporated city or town and pay the
same on vouchers approved and submitted by the department
in the same manner as payment is made for work performed
on state highways. [1984 c 7 § 97; 1973 c 106 § 23; 1961
c 13 § 47.08.090. Prior: 1937 c 187 § 65; RRS § 6450-65.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.08.100 Illegal use of county or city road funds—
Procedure to correct. The department is authorized from
time to time to investigate expenditures from the county road
fund and the city street fund; and if it determines that
unauthorized, illegal, or wrongful expenditures are being or
have been made from the fund it is authorized to proceed as
follows: If the county road fund is involved it shall notify
in writing the county legislative authority and the county
treasurer of its determination; and if the city street fund is
involved it shall notify the city council or commission and
the mayor and city treasurer of the city or town of its
determination. In its determination the department is
authorized to demand of those officials that the wrongful or
(2002 Ed.)
Highway Funds
illegal expenditures shall be stopped, adjusted, or remedied
and that restitution of any wrongful or illegal diversion or
use shall be made; and it may notify the officials that if the
wrong is not stopped, remedied, or adjusted, or restitution
made to its satisfaction within a specified period fixed by it,
it will direct the withholding of further payments to the
county or city from the motor vehicle fund. The county or
city shall have ten days after the notice is given within
which to correct or remedy the wrong, or wrongful and
illegal practices, to make restitution, or to adjust the matter
to the satisfaction of the department.
If no correction, remedy, adjustment, or restitution is
made within ten days to the satisfaction of the department,
it has power to request in writing that the state treasurer
withhold further payments from the motor vehicle fund to
the county or city; and it is the duty of the state treasurer
upon being so notified to withhold further payments from the
motor vehicle fund to the county or city involved until the
officials are notified in writing by the department that
payments may be resumed.
The department is also authorized to notify in writing
the prosecuting attorney of the county in which the violation
occurs of the facts, and it is the duty of the prosecuting
attorney to file charges and to criminally prosecute any and
all persons guilty of any such violation. [1984 c 7 § 98;
1973 c 106 § 24; 1961 c 13 § 47.08.100. Prior: 1943 c 82
§ 13, part; 1937 c 187 § 66, part; Rem. Supp. 1943 § 645066, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.08.110 Misuse of county or city road funds—
General penalty. It shall be unlawful and a misdemeanor,
unless the same is by this title or other law of this state
declared to be a felony or gross misdemeanor, to divert or
use, or authorize, permit or participate in the diversion or use
of any moneys in the county road fund or in the city street
fund for any other purpose or in any other manner than that
authorized by law. [1961 c 13 § 47.08.110. Prior: 1943 c
82 § 13, part; 1937 c 187 § 66, part; Rem. Supp. 1943 §
6450-66, part.]
47.08.120 Transportation equipment fund. There is
hereby created in the state treasury a state fund to be known
as the "transportation equipment fund," the same to be used
by the department of transportation as a revolving fund to be
expended for salaries, wages and operations required for the
repair, replacement, purchase and operation of equipment
and for purchase of equipment, materials and supplies to be
used as follows: (1) In the administration and operation of
this fund; and (2) in the administration, maintenance and
construction of highways and transportation facilities.
The transportation equipment fund shall be credited, in
the case of equipment, with a reasonable rental assessed
upon the use of such equipment by the various state departments, and in the case of materials and supplies, with a
reasonable charge for such materials and supplies. Such
credit for rental and charges for materials and supplies shall
be charged against the proper appropriation therefor.
Equipment may be rented and materials and supplies
may be sold out of this fund to any federal, state, county or
city political subdivision or governmental agency. The terms
(2002 Ed.)
47.08.100
and charges for such rental and the prices for such sale shall
be solely within the discretion of the department of transportation and its determination of the charge for rental or sale
price shall be considered a reasonable rental charge or a
reasonable sale price. Any political subdivision or governmental agency shall make payment for such rental or for
purchase of such materials or supplies directly to the
transportation equipment fund at the office of the department
of transportation at Olympia. [1979 c 39 § 1; 1961 c 13 §
47.08.120. Prior: 1943 c 135 § 1; 1935 c 144 § 10; Rem.
Supp. 1943 § 6600-1c.]
47.08.121 Transportation equipment fund declared
revolving fund of proprietary nature—Use. The "highway
equipment fund" as established by RCW 47.08.120 is
declared to be a revolving fund of a proprietary nature and
moneys that are or will be deposited in this fund are hereby
authorized for expenditures for the purposes provided by
law. [1961 c 13 § 47.08.121. Prior: 1959 c 326 § 3.]
47.08.130 Custody of federal funds—Disbursement.
The state treasurer is hereby authorized and directed to
receive and have custody of such funds and warrants drawn
by the secretary of transportation or other authorized agent
of the United States as are made available for payment by
the secretary of the treasury of the United States under the
provisions of the federal aid road act approved July 11,
1916, and all acts amendatory or supplementary thereto,
disbursing the same under such terms and conditions as may
be prescribed by the secretary of transportation or by the
secretary of the treasury or other authorized agent of the
United States. The state treasurer is further authorized and
directed to pay from the motor vehicle fund for the use of
the department such funds as may be necessary upon any
project in anticipation of reimbursement by the government
of the United States. [1984 c 7 § 99; 1961 c 13 §
47.08.130. Prior: 1937 c 53 § 45; RRS § 6400-45; 1931 c
129 § 1; 1929 c 146 § 1; 1927 c 214 § 1; 1925 c 4 § 1;
1923 c 41 § 1; 1921 c 89 § 1; 1919 c 56 § 1; RRS § 6850.]
Severability—1984 c 7: See note following RCW 47.01.141.
Chapter 47.10
HIGHWAY CONSTRUCTION BONDS
Sections
FIRST PRIORITY PROJECT—1951 ACT
47.10.010
47.10.020
47.10.030
47.10.040
47.10.050
47.10.060
47.10.070
47.10.080
47.10.090
47.10.100
47.10.110
47.10.120
47.10.130
47.10.140
First priority highway projects—Declaration of.
Bond issue authorized—Use of motor vehicle fund.
Form and term of bonds.
Bonds not general obligations—Taxes pledged.
Sale of bonds.
Proceeds—Deposit and use.
Source of funds for payment of principal and interest.
Highway bond retirement fund.
Excess sums in bond retirement fund—Use.
Allocation of bonds.
Columbia Basin highway projects—Reimbursement by
counties.
Columbia Basin highway projects—Limit as to amounts
currently retained.
Agate Pass Bridge to become toll free—Cancellation of
Agate Pass bonds.
Appropriation from motor vehicle fund.
[Title 47 RCW—page 39]
Chapter 47.10
Title 47 RCW: Public Highways and Transportation
ADDITIONAL BONDS—1953 ACT
47.10.150
47.10.160
47.10.170
47.10.180
47.10.190
47.10.200
47.10.210
47.10.220
47.10.230
47.10.240
47.10.250
47.10.260
47.10.270
Declaration of necessity for additional funds.
Additional bonds—Issuance and sale authorized—Use of
motor vehicle fund.
Additional bonds—Form and term of bonds.
Additional bonds—Bonds not general obligations—Taxes
pledged.
Additional bonds—Sale of bonds.
Additional bonds—Proceeds—Deposit and use.
Additional bonds—Source of funds for payment of principal
and interest.
Additional bonds—Highway bond retirement fund.
Additional bonds—Excess sums in bond retirement fund—
Use.
Additional bonds—Allocation—Primary state highway No.
1.
Additional bonds—Allocation—Primary state highway No.
2, Snoqualmie Pass.
Additional bonds—Allocation—Columbia Basin highways.
Additional bonds—Allocation—Echo Lake route.
47.10.706
47.10.708
47.10.710
47.10.712
47.10.714
47.10.716
47.10.718
47.10.720
47.10.722
47.10.724
ADDITIONAL BONDS—1965 ACT
47.10.726
ADDITIONAL BONDS—1955 ACT
47.10.280
47.10.290
47.10.300
47.10.310
47.10.320
47.10.330
47.10.340
47.10.350
47.10.360
47.10.370
47.10.380
47.10.390
47.10.400
Construction in Grant, Franklin, Adams counties authorized—Declaration of priority.
Construction in Grant, Franklin, Adams counties authorized—Issuance and sale of bonds.
Construction in Grant, Franklin, Adams counties authorized—Form and term of bonds.
Construction in Grant, Franklin, Adams counties authorized—Bonds not general obligations—Taxes pledged.
Construction in Grant, Franklin, Adams counties authorized—Sale of bonds.
Construction in Grant, Franklin, Adams counties authorized—Bond proceeds—Deposit and use.
Construction in Grant, Franklin, Adams counties authorized—Source of funds for payment of bond principal
and interest.
Construction in Grant, Franklin, Adams counties authorized—Highway bond retirement fund.
Construction in Grant, Franklin, Adams counties authorized—Reimbursement by counties.
Construction in Grant, Franklin, Adams counties authorized—Limit as to amounts currently retained from
excise taxes.
Construction in Grant, Franklin, Adams counties authorized—Excess sums in bond retirement fund—Use.
Construction in Grant, Franklin, Adams counties authorized—Allocation of funds to each county.
Construction in Grant, Franklin, Adams counties authorized—Appropriation from motor vehicle fund.
47.10.727
47.10.728
47.10.729
47.10.730
47.10.731
47.10.732
47.10.733
47.10.734
47.10.735
47.10.736
47.10.737
47.10.738
47.10.430
47.10.440
47.10.450
47.10.460
47.10.470
47.10.480
47.10.490
47.10.500
Echo Lake route—Declaration of necessity.
Echo Lake route—Additional bond issue authorized—Use of
motor vehicle fund.
Echo Lake route—Form and term of bonds.
Echo Lake route—Bonds not general obligations—Taxes
pledged.
Echo Lake route—Sale of bonds.
Echo Lake route—Proceeds—Deposit and use.
Echo Lake route—Source of funds for payment of principal
and interest.
Echo Lake route—Highway bond retirement fund.
Echo Lake route—Excess sums in bond retirement fund—
Use.
Echo Lake route—Appropriation from motor vehicle fund.
TACOMA-SEATTLE-EVERETT FACILITY—1957 ACT
47.10.700
47.10.702
47.10.704
Tacoma-Seattle-Everett facility—Declaration of necessity.
Tacoma-Seattle-Everett facility—To be part of federal system as limited access—Federal standards and conditions
to be met.
Tacoma-Seattle-Everett facility—Powers and duties of highway commission—Route of project.
[Title 47 RCW—page 40]
Construction in Grant, Franklin, Adams counties authorized—Declaration of public interest.
Construction in Grant, Franklin, Adams counties authorized—Issuance and sale of limited obligation bonds.
Construction in Grant, Franklin, Adams counties authorized—Form and term of bonds.
Construction in Grant, Franklin, Adams counties authorized—Bonds not general obligations—Taxes pledged.
Construction in Grant, Franklin, Adams counties authorized—Sale of bonds—Legal investment for state funds.
Construction in Grant, Franklin, Adams counties authorized—Bond proceeds—Deposit and use.
Construction in Grant, Franklin, Adams counties authorized—Source of funds for payment of bond principal
and interest.
Construction in Grant, Franklin, Adams counties authorized—Highway bond retirement fund.
Construction in Grant, Franklin, Adams counties authorized—Repayment to state by Grant, Franklin and Adams counties by retention of funds.
Construction in Grant, Franklin, Adams counties authorized—Repayment, limitation as to amount of funds
retained—Deficits.
Construction in Grant, Franklin, Adams counties authorized—Sums in excess of retirement requirements—Use.
Construction in Grant, Franklin, Adams counties authorized—Allocation of bonds to counties—Conditions
upon issuance—Use of county engineering forces.
Construction in Grant, Franklin, Adams counties authorized—Appropriation from motor vehicle fund.
ADDITIONAL BONDS—CONSTRUCTION
AND IMPROVEMENT—1967 ACT
ADDITIONAL BONDS—1957 ACT
47.10.410
47.10.420
Tacoma-Seattle-Everett facility—Issuance and sale of bonds
authorized.
Tacoma-Seattle-Everett facility—Form and term of bonds.
Tacoma-Seattle-Everett facility—Sale of bonds.
Tacoma-Seattle-Everett facility—Proceeds from bonds—
Deposit and use.
Tacoma-Seattle-Everett facility—Bonds not general obligations—Taxes pledged.
Tacoma-Seattle-Everett facility—Source of funds for payment of principal and interest.
Tacoma-Seattle-Everett facility—Additional security for
payment of bonds—Pledge of federal funds.
Tacoma-Seattle-Everett facility—Highway bond retirement
fund.
Tacoma-Seattle-Everett facility—Excess sums in bond retirement fund—Use.
Tacoma-Seattle-Everett facility—Appropriation from motor
vehicle fund.
47.10.751
47.10.752
47.10.753
47.10.754
47.10.755
47.10.756
47.10.757
47.10.758
47.10.759
47.10.760
Additional funds—Declaration of necessity.
Additional funds—Issuance and sale of limited obligation
bonds.
Additional funds—Form and term of bonds.
Additional funds—Sale of bonds—Legal investment for
state funds.
Additional funds—Bond proceeds—Deposit and use.
Additional funds—Bonds not general obligations—Taxes
pledged.
Additional funds—Source of funds for payment of bond
principal and interest.
Additional funds—Highway bond retirement fund.
Additional funds—Sums in excess of retirement requirements—Use.
Additional funds—Appropriation from motor vehicle fund.
RESERVE FUNDS FOR HIGHWAY, STREET,
AND ROAD PURPOSES—1967 ACT
47.10.761
47.10.762
47.10.763
Reserve funds—Purposes.
Issuance and sale of general obligation bonds.
Bonds—Term—Terms and conditions—Signatures—
Registration—Where payable—Negotiable instruments.
(2002 Ed.)
Highway Construction Bonds
47.10.764
47.10.765
47.10.766
47.10.767
47.10.768
47.10.769
47.10.770
47.10.771
Bonds—Denominations—Manner and terms of sale—Legal
investment for state funds.
Bonds—Bond proceeds—Deposit and use.
Bonds—Statement describing nature of obligation—Pledge
of excise taxes.
Bonds—Designation of funds to repay bonds and interest.
Bonds—Pledge of federal aid funds.
Bonds—Repayment procedure—Bond retirement fund.
Bonds—Sums in excess of retirement requirements—Use.
Bonds—Appropriation from motor vehicle fund.
STATE HIGHWAYS IN URBAN AREAS
47.10.775
Issuance and sale of limited obligation bonds, terms, conditions, retirement, use of proceeds, etc.
COUNTY AND CITY ARTERIALS IN URBAN AREAS
47.10.777
Issuance and sale of limited obligation bonds, terms, conditions, retirement, use of proceeds, etc.
INTERSTATE 90 COMPLETION—1979 ACT
47.10.790
47.10.791
47.10.792
47.10.793
47.10.794
47.10.795
47.10.796
47.10.797
47.10.798
47.10.799
47.10.800
Issuance and sale of general obligation bonds—State route
90 improvements—Category C improvements.
Administration and amount of bond sales.
Bond proceeds—Deposit and use.
Statement of general obligation—Pledge of excise taxes.
Designation of funds to repay bonds and interest.
Repayment procedure—Bond retirement fund.
Sums in excess of retirement requirements—Use.
Bonds legal investment for state funds.
Bonds equal charge against fuel tax revenues.
Appropriation—Expenditure limited to bond sale proceeds.
Severability—1979 ex.s. c 180.
INTERSTATE HIGHWAY, CATEGORY A,
CATEGORY C IMPROVEMENTS—1981 ACT
47.10.801
47.10.802
47.10.803
47.10.804
47.10.805
47.10.806
47.10.807
47.10.808
47.10.809
47.10.811
Issuance and sale of general obligation bonds.
Administration and amount of bond sales.
Bond proceeds—Deposit and use.
Statement of general obligation—Pledge of excise taxes.
Designation of funds to repay bonds and interest.
Repayment procedure—Bond retirement fund.
Sums in excess of retirement requirements—Use.
Bonds legal investment for state funds.
Bonds equal charge against fuel tax revenues.
Severability—1981 c 316.
CATEGORY C IMPROVEMENTS—1993 ACT
47.10.812
47.10.813
47.10.814
47.10.815
47.10.816
47.10.817
47.10.818
Issuance and sale of general obligation bonds.
Administration and amount of sale.
Proceeds—Deposit and use.
Statement of general obligation—Pledge of excise taxes.
Designation of funds to repay bonds and interest.
Equal charge against fuel tax revenues.
Severability—1993 c 431.
INTERSTATE, OTHER HIGHWAY IMPROVEMENTS—1993 ACT
47.10.819
47.10.820
47.10.821
47.10.822
47.10.823
47.10.824
47.10.825
Issuance and sale of general obligation bonds.
Administration and amount of sale.
Proceeds—Deposit and use.
Statement of general obligation—Pledge of excise taxes.
Designation of funds to repay bonds and interest.
Equal charge against fuel tax revenues.
Severability—1993 c 432.
PUBLIC-PRIVATE TRANSPORTATION INITIATIVES—1994 ACT
47.10.834
47.10.835
47.10.836
47.10.837
47.10.838
47.10.839
47.10.841
47.10.842
(2002 Ed.)
Issuance and sale of general obligation bonds.
Administration and amount of sale.
Proceeds—Deposit and use.
Designation of funds to repay bonds and interest.
Statement of general obligation—Pledge of excise taxes.
Repayment procedure—Bond retirement fund.
Equal charge against motor vehicle excise tax revenues.
Severability—1994 c 183.
Chapter 47.10
STATE AND LOCAL HIGHWAY IMPROVEMENTS—1998 ACT
47.10.843
47.10.844
47.10.845
47.10.846
47.10.847
47.10.848
Bond issue authorized.
Administration and amount of sale.
Proceeds—Deposit and use.
Statement of general obligation—Pledge of excise taxes.
Repayment procedure—Bond retirement fund.
Equal charge against motor vehicle and special fuels tax
revenues.
STATE AND LOCAL HIGHWAY IMPROVEMENTS—2002 ACT
47.10.849
47.10.850
47.10.851
47.10.852
47.10.853
47.10.854
Bond issue authorized.
Administration and amount of sale.
Proceeds—Deposit and use.
Statement of general obligation—Pledge of excise taxes.
Repayment procedure—Bond retirement fund.
Equal charge against motor vehicle and special fuels tax
revenues.
RAIL AND PASSENGER-ONLY FERRIES—2002 ACT
47.10.855
47.10.856
47.10.857
47.10.858
47.10.859
47.10.860
Bond issue authorized—Appropriation of proceeds.
Proceeds—Deposit and use.
Repayment procedure.
Statement of general obligation—Transfer and payment of
funds.
Additional repayment means.
Legal investment.
FIRST PRIORITY PROJECT—1951 ACT
47.10.010 First priority highway projects—
Declaration of. Reconstruction of primary state highway
No. 1 from Oregon to British Columbia, construction of four
traffic lanes at Snoqualmie Pass, construction of an adequate
highway bridge from Pasco to Kennewick and construction
of county arterial highways and farm to market roads in
Grant, Franklin and Adams counties to coincide with the
opening of lands for settlement in the Columbia Basin
irrigation project, are declared to be highway projects of the
first priority. The construction of such projects is required
in the interest of the public safety and for the orderly
development of the state. The reimbursement of the motor
vehicle fund for money used to purchase Agate Pass Bridge
bonds will also make possible other war emergency or high
priority highway construction. The threat of war makes
acceleration of construction a vital necessity at this time.
[1961 c 13 § 47.10.010. Prior: 1951 c 121 § 1.]
47.10.020 Bond issue authorized—Use of motor
vehicle fund. To provide funds for accelerating construction
of these first priority projects, and to reimburse the motor
vehicle fund for money expended for Agate Pass Bridge construction there shall be issued and sold limited obligation
bonds of the state of Washington in the sum of sixty-six
million seven hundred three thousand, six hundred and
twenty-five dollars. The issuance, sale and retirement of
said bonds shall be under the general supervision and control
of the state finance committee. The state finance committee
shall, when notified by the Washington state highway commission, provide for the issuance of coupon or registered
bonds to be dated, issued and sold from time to time in such
amounts as may be necessary to the orderly progress of
construction of the first priority projects: PROVIDED, That
if funds are available in the motor vehicle fund in an amount
greater than is necessary to pay current demands such funds
may be used to finance these first priority projects until such
[Title 47 RCW—page 41]
47.10.020
Title 47 RCW: Public Highways and Transportation
time as bonds are sold, as provided by law, at which time
the motor vehicle fund shall be reimbursed. [1961 c 13 §
47.10.020. Prior: 1955 c 117 § 1; 1951 c 121 § 2.]
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term
"Washington state highway commission" means department of transportation; see RCW 47.04.015.
47.10.030 Form and term of bonds. Each of such
bonds shall be made payable at any time not exceeding
twenty-five years from the date of its issuance, with such
reserved rights of prior redemption as the state finance
committee may prescribe to be specified therein. The bonds
shall be signed by the governor and the state auditor under
the seal of the state, one of which signatures shall be made
manually and the other signature may be in printed facsimile, and any coupons attached to such bonds shall be signed
by the same officers whose signatures thereon may be in
printed facsimile. Any bonds may be registered in the name
of the holder on presentation to the state treasurer or at the
fiscal agency of the state of Washington in New York City,
as to principal alone, or as to both principal and interest
under such regulations as the state treasurer may prescribe.
Such bonds shall be payable at such places as the state
finance committee may provide. All bonds issued under
authority of RCW 47.10.010 through 47.10.140 shall be fully
negotiable instruments. [1961 c 13 § 47.10.030. Prior:
1951 c 121 § 3.]
47.10.040 Bonds not general obligations—Taxes
pledged. Bonds issued under the provisions of RCW
47.10.010 through 47.10.140 shall distinctly state that they
are not a general obligation of the state, but are payable in
the manner provided in RCW 47.10.010 through 47.10.140
from the proceeds of all state excise taxes on motor vehicle
fuels imposed by chapter 82.36 RCW and RCW 82.36.020,
82.36.230, 82.36.250, and 82.36.400, as derived from chapter
58, Laws of 1933, as amended, and as last amended by
chapter 220, Laws of 1949; and *chapter 82.40 RCW and
RCW 82.40.020, as derived from chapter 127, Laws of 1941,
as amended, and as last amended by chapter 220, Laws of
1949. The proceeds of such excise taxes are hereby pledged
to the payment of any bonds and the interest thereon issued
under the provisions of RCW 47.10.010 through 47.10.140,
and the legislature hereby agrees to continue to impose the
same excise taxes on motor vehicle fuels in amounts
sufficient to pay the principal and interest on all bonds
issued under the provisions of RCW 47.10.010 through
47.10.140 when due. [1961 c 13 § 47.10.040. Prior: 1951
c 121 § 4.]
*Reviser’s note: Chapter 82.40 RCW and RCW 82.40.020 were
repealed by 1971 ex.s. c 175 § 33; for later enactment see chapter 82.38
RCW.
47.10.050 Sale of bonds. The bonds issued hereunder
shall be in denominations to be prescribed by the state
finance committee and may be sold in such manner and in
such amounts and at such times and on such terms and
conditions as the committee may prescribe. If bonds are
sold to any purchaser other than the state of Washington,
they shall be sold at public sale, and it shall be the duty of
the state finance committee to cause such sale to be adver[Title 47 RCW—page 42]
tised in such manner as it shall deem sufficient. Bonds
issued under the provisions of RCW 47.10.010 through
47.10.140 shall be legal investment for any of the funds of
the state, except the permanent school fund: PROVIDED,
That bonds authorized herein to reimburse the motor vehicle
fund for the cost of the Agate Pass Bridge construction shall
be sold at the earliest date which the committee finds
feasible. [1961 c 13 § 47.10.050. Prior: 1951 c 121 § 5.]
47.10.060 Proceeds—Deposit and use. The money
arising from the sale of said bonds shall be deposited in the
state treasury to the credit of the motor vehicle fund and
such money shall be available only for the construction of
such first priority projects, reimbursement of the motor
vehicle fund for money expended for construction of the
Agate Pass Bridge in order to make such money available
for war emergency highway projects or other high priority
highway uses, and payment of the expense incurred in the
printing, issuance and sale of any such bonds. [1961 c 13 §
47.10.060. Prior: 1951 c 121 § 6.]
47.10.070 Source of funds for payment of principal
and interest. Any funds required to repay such bonds, or
the interest thereon when due, subject to the proviso of this
section, shall be taken from that portion of the motor vehicle
fund which results from the imposition of all excise taxes on
motor vehicle fuels and which is, or may be, appropriated to
the department for state highway purposes, and shall never
constitute a charge against any allocations of such funds to
counties, cities, and towns unless and until the amount of the
motor vehicle fund arising from the excise taxes on motor
vehicle fuels and available for state highway purposes proves
insufficient to meet the requirements for bond retirement or
the interest on any bonds: PROVIDED, That money
required hereunder to pay interest on or to retire any bonds
issued for Columbia Basin county arterial highways or farm
to market roads shall be repaid by any such county or
counties wherein such highways or roads are constructed in
the manner set forth in RCW 47.10.110. [1984 c 7 § 100;
1961 c 13 § 47.10.070. Prior: 1951 c 121 § 7.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.080 Highway bond retirement fund. At least
one year prior to the date any interest is due and payable on
such bonds or before the maturity date of any bonds, the
state finance committee shall estimate, subject to the
provisions of RCW 47.10.070, the percentage of the receipts
in money of the motor vehicle fund, resulting from collection of excise taxes on motor vehicle fuels, for each month
of the year which will be required to meet interest or bond
payments hereunder when due, and shall notify the state
treasurer of such estimated requirement. The state treasurer
shall thereafter from time to time each month as such funds
are paid into the motor vehicle fund, transfer such percentage of the monthly receipts from excise taxes on motor
vehicle fuels of the motor vehicle fund to the highway bond
retirement fund, which is hereby established, and which fund
shall be available solely for payment of such interest or
bonds when due. If in any month it shall appear that the
estimated percentage of money so made is insufficient to
meet the requirements for interest or bond retirement, the
(2002 Ed.)
Highway Construction Bonds
treasurer shall notify the state finance committee forthwith
and such committee shall adjust its estimates so that all
requirements for interest and principal of all bonds issued
shall be fully met at all times. [1961 c 13 § 47.10.080.
Prior: 1951 c 121 § 8.]
47.10.090 Excess sums in bond retirement fund—
Use. Whenever the percentage of the motor vehicle fund
arising from excise taxes on motor fuels, payable into the
highway bond retirement fund, shall prove more than is
required for the payment of interest on bonds when due, or
current retirement of bonds, any excess may, in the discretion of the state finance committee, be available for the
prior redemption of any bonds or remain available in the
fund to reduce the requirements upon the fuel excise tax
portion of the motor vehicle fund at the next interest or bond
payment period. [1961 c 13 § 47.10.090. Prior: 1951 c
121 § 11.]
47.10.100 Allocation of bonds. The bonds authorized
herein are allocated to the first priority projects as follows:
(1) Forty-nine million two hundred fifty thousand
dollars of the total issue for the acceleration of the reconstruction of primary state highway No. 1, said amount to be
expended on said primary state highway No. 1 as follows:
Thirty-three million five hundred thousand dollars between
Everett, Seattle, Tacoma, Olympia, Chehalis, Centralia,
Kelso, Vancouver, and the Oregon boundary line, and fifteen
million seven hundred fifty thousand dollars between Everett
and the Canadian boundary line;
(2) Six million five hundred thousand dollars of the total
issue for the construction of the highway bridge from Pasco
to Kennewick;
(3) Four million two hundred fifty thousand dollars of
the total issue for the construction of a four lane highway at
Snoqualmie Pass;
(4) Five million dollars of the total issue for the
construction of Columbia Basin county arterial highways and
farm to market roads in Grant, Franklin and Adams counties,
for which the state must be reimbursed as provided in RCW
47.10.110; and
(5) One million seven hundred three thousand six
hundred twenty-five dollars of the total issue for reimbursement of the motor vehicle fund for money spent for Washington toll bridge authority bonds purchased in connection
with the construction of the Agate Pass Bridge, said sum of
one million seven hundred three thousand six hundred
twenty-five dollars to be used when it becomes available in
the motor vehicle fund, under allotments to be made by the
director of highways, for war emergency or other high
priority highway projects: PROVIDED, That no bonds shall
be issued for Columbia Basin county arterial highway and
road purposes unless expenditures are actually required for
the settlement of lands ready for irrigation in the Columbia
Basin project and all construction of arterial highways and
roads in such counties shall be accomplished by the engineering forces of the various counties under the supervision
of the director of highways. [1961 c 13 § 47.10.100. Prior:
1951 c 121 § 12.]
Reviser’s note: Powers, duties, and functions of director of highways
transferred to secretary of transportation; see RCW 47.01.031. Term
(2002 Ed.)
47.10.080
"director of highways" means secretary of transportation; see RCW
47.04.015.
47.10.110 Columbia Basin highway projects—
Reimbursement by counties. The secretary shall report
separately to the state finance committee all sums expended
from funds resulting from the sale of bonds for Columbia
Basin county arterial highways and farm to market roads in
Grant, Franklin, and Adams counties under the provisions of
RCW 47.10.010 through 47.10.140. Those counties shall
repay to the state all the cost of any Columbia Basin
highway or road facilities actually constructed under the
provisions of RCW 47.10.010 through 47.10.140 within each
of such counties as follows: The state finance committee, at
least one year prior to the date any interest is due and
payable on such bonds or before the maturity date of any
such bonds, shall ascertain the percentage of the motor
vehicle funds arising from the excise taxes on motor vehicle
fuels, which is to be transferred to such counties under the
provisions of law which will be necessary to pay all of the
interest upon or retire when due all of the portion of said
bonds chargeable to expenditures incurred under the provisions of RCW 47.10.010 through 47.10.140 in each of said
counties. The state finance committee shall notify the state
treasurer of this estimate and the treasurer shall thereafter,
when distributions are made from the motor vehicle fund to
counties, retain such percentage of the total sums credited to
such counties as aforesaid in the motor vehicle fund arising
from the excise taxes on motor vehicle fuels until such fund
is fully reimbursed for all expenditures under RCW
47.10.010 through 47.10.140 in Grant, Adams, and Franklin
counties. Any money so retained shall be available for state
highway purposes. [1984 c 7 § 101; 1961 c 13 § 47.10.110.
Prior: 1951 c 121 § 9.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.120 Columbia Basin highway projects—Limit
as to amounts currently retained. The sums retained from
motor vehicle funds arising from the excise taxes on motor
vehicle fuel, of any such counties shall not exceed in any
distribution period fifty percent of the total amount to be
credited to such county. If there shall be a deficit in the
amount available for reimbursement of the motor vehicle
fund, due to this provision, then such deficit shall continue
to be a charge against any sums due any such county from
the motor vehicle fund from such excise taxes until the full
cost of such Columbia Basin highway facilities is paid.
[1961 c 13 § 47.10.120. Prior: 1951 c 121 § 10.]
47.10.130 Agate Pass Bridge to become toll free—
Cancellation of Agate Pass bonds. When the state finance
committee has made arrangements for the sale of sufficient
bonds to reimburse the motor vehicle fund in the sum of one
million seven hundred three thousand six hundred twentyfive dollars as aforesaid, the committee shall notify the
Washington toll bridge authority and the authority is thereafter directed to transfer the Agate Pass Bridge to the highway
department for operation as a toll free part of the state
highway system. The bonds of the authority issued to
construct the Agate Pass Bridge shall then be canceled.
[1961 c 13 § 47.10.130. Prior: 1951 c 121 § 13.]
[Title 47 RCW—page 43]
47.10.130
Title 47 RCW: Public Highways and Transportation
Reviser’s note: Powers, duties, and functions of toll bridge authority
transferred to department of transportation; see RCW 47.01.031. Terms
"Washington state toll bridge authority" and "authority" mean department
of transportation; see RCW 47.04.015.
47.10.140 Appropriation from motor vehicle fund.
There is appropriated from the motor vehicle fund for the
biennium ending March 31, 1953 the sum of sixty-six million seven hundred three thousand six hundred and twentyfive dollars, or so much thereof as may be necessary, to
carry out the provisions of RCW 47.10.010 through
47.10.140, but no money shall be available under this
appropriation from said fund unless a like amount of the
bonds provided for herein are sold and the money derived
deposited to the credit of such fund. [1961 c 13 §
47.10.140. Prior: 1951 c 121 § 15.]
ADDITIONAL BONDS—1953 ACT
47.10.150 Declaration of necessity for additional
funds. Increased construction costs for highway and bridge
construction since the enactment of a highway bond issue by
the 1951 legislature makes necessary additional money with
which to complete the sections of primary state highway No.
1 planned from funds allocated under RCW 47.10.010
through 47.10.140 and it is vital to the economy of the state
and the safety of the traffic that these sections shall be completed to relieve traffic congestions, to add capacity in event
of war, and to presently insure greater safety to highway
users; the rapid increase of traffic across Snoqualmie Pass
necessitates continued improvement of primary state highway
No. 2 to provide four-lane paving contiguous to Snoqualmie
Pass as the funds will permit; the rapid increase of traffic
and the facilitation of movement of military forces and
equipment from the military centers of the state makes
imperative the construction of a highway from primary state
highway No. 2 beginning approximately four miles west of
North Bend thence southwesterly by the most feasible route
by the way of Auburn to a junction with primary state
highway No. 1 in the vicinity of Milton; said highway to
follow approximately the route surveyed by the director of
highways and covered in the report filed by him with the
1951 legislature commonly known as the "Echo Lake
Route," as the funds provided for herein will permit; the
construction of secondary state highways in to the Columbia
Basin area is immediately necessary to provide needed state
arterial highways for the irrigated lands of the Columbia
Basin areas to market centers and thereby encourage the full
development of the basin project. The construction of such
projects is required in the interest of the public safety and
for the orderly development of the state. The threat of war
makes acceleration of construction a vital necessity at this
time. [1961 c 13 § 47.10.150. Prior: 1953 c 154 § 1.]
Reviser’s note: Powers, duties, and functions of director of highways
transferred to department of transportation; see RCW 47.01.031. Term
"director of highways" means secretary of transportation; see RCW
47.04.015.
47.10.160 Additional bonds—Issuance and sale
authorized—Use of motor vehicle fund. To provide funds
for accelerating construction of these priority projects there
shall be issued and sold limited obligation bonds of the state
[Title 47 RCW—page 44]
of Washington in the sum of eighteen million dollars. The
issuance, sale and retirement of said bonds shall be under the
general supervision and control of the state finance committee. The state finance committee shall, when notified by the
Washington state highway commission, provide for the
issuance of coupon or registered bonds to be dated, issued
and sold from time to time in such amounts as may be
necessary to the orderly progress of construction of the first
priority projects: PROVIDED, That if funds are available in
the motor vehicle fund in an amount greater than is necessary to pay current demands such funds may be used to
finance these first priority projects until such time as bonds
are sold, as provided by law, at which time the motor
vehicle fund shall be reimbursed. [1961 c 13 § 47.10.160.
Prior: 1955 c 117 § 2; 1953 c 154 § 2.]
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term
"Washington state highway commission" means department of transportation; see RCW 47.04.015.
47.10.170 Additional bonds—Form and term of
bonds. Each of such bonds shall be made payable at any
time not exceeding twenty-five years from the date of its
issuance, with such reserved rights of prior redemption as
the state finance committee may prescribe to be specified
therein. The bonds shall be signed by the governor and the
state auditor under the seal of the state, one of which
signatures shall be made manually and the other signature
may be in printed facsimile, and any coupons attached to
such bonds shall be signed by the same officers whose
signatures thereon may be in printed facsimile. Any bonds
may be registered in the name of the holder on presentation
to the state treasurer or at the fiscal agency of the state of
Washington in New York City, as to principal alone, or as
to both principal and interest under such regulations as the
state treasurer may prescribe. Such bonds shall be payable
at such places as the state finance committee may provide.
All bonds issued under authority of RCW 47.10.150 through
47.10.270 shall be fully negotiable instruments. [1961 c 13
§ 47.10.170. Prior: 1953 c 154 § 3.]
47.10.180 Additional bonds—Bonds not general
obligations—Taxes pledged. Bonds issued under the
provisions of RCW 47.10.150 through 47.10.270 shall
distinctly state that they are not a general obligation of the
state, but are payable in the manner provided in RCW
47.10.150 through 47.10.270 from the proceeds of all state
excise taxes on motor vehicle fuels imposed by chapter
82.36 RCW and RCW 82.36.020, 82.36.230, 82.36.250, and
82.36.400, as derived from chapter 58, Laws of 1933, as
amended, and as last amended by chapter 220, Laws of
1949; and *chapter 82.40 RCW and RCW 82.40.020, as
derived from chapter 127, Laws of 1941, as amended, and
as last amended by chapter 220, Laws of 1949. The
proceeds of such excise taxes are hereby pledged to the
payment of any bonds and the interest thereon issued under
the provisions of RCW 47.10.150 through 47.10.270 and the
legislature hereby agrees to continue to impose the same
excise taxes on motor vehicle fuels in amounts sufficient to
pay the principal and interest on all bonds issued under the
provisions of RCW 47.10.150 through 47.10.270 when due.
[1961 c 13 § 47.10.180. Prior: 1953 c 154 § 4.]
(2002 Ed.)
Highway Construction Bonds
*Reviser’s note: Chapter 82.40 RCW and RCW 82.40.020, see note
following RCW 47.10.040.
47.10.190 Additional bonds—Sale of bonds. The
bonds issued under RCW 47.10.150 through 47.10.270 shall
be in denominations to be prescribed by the state finance
committee and may be sold in such manner and in such
amounts and at such times and on such terms and conditions
as the committee may prescribe. If bonds are sold to any
purchaser other than the state of Washington, they shall be
sold at public sale, and it shall be the duty of the state
finance committee to cause such sale to be advertised in
such manner as it shall deem sufficient. Bonds issued under
the provisions of RCW 47.10.150 through 47.10.270 shall be
legal investment for any of the funds of the state, except the
permanent school fund. [1961 c 13 § 47.10.190. Prior:
1953 c 154 § 5.]
47.10.200 Additional bonds—Proceeds—Deposit
and use. The money arising from the sale of said bonds
shall be deposited in the state treasury to the credit of the
motor vehicle fund and such money shall be available only
for the construction of such priority projects, and payment of
the expense incurred in the printing, issuance and sale of any
such bonds. [1961 c 13 § 47.10.200. Prior: 1953 c 154 §
6.]
47.10.210 Additional bonds—Source of funds for
payment of principal and interest. Any funds required to
repay such bonds, or the interest thereon when due shall be
taken from that portion of the motor vehicle fund which
results from the imposition of all excise taxes on motor
vehicle fuels and which is, or may be, appropriated to the
department for state highway purposes, and shall never
constitute a charge against any allocations of such funds to
counties, cities, and towns unless and until the amount of the
motor vehicle fund arising from the excise taxes on motor
vehicle fuels and available for state highway purposes proves
insufficient to meet the requirements for bond retirement or
the interest on any bonds. [1984 c 7 § 102; 1961 c 13 §
47.10.210. Prior: 1953 c 154 § 7.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.220 Additional bonds—Highway bond
retirement fund. At least one year prior to the date any
interest is due and payable on such bonds or before the
maturity date of any bonds, the state finance committee shall
estimate the percentage of the receipts in money of the
motor vehicle fund, resulting from collection of excise taxes
on motor vehicle fuels, for each month of the year which
will be required to meet interest or bond payments under
RCW 47.10.150 through 47.10.270 when due, and shall
notify the state treasurer of such estimated requirement. The
state treasurer shall thereafter from time to time each month
as such funds are paid into the motor vehicle fund, transfer
such percentage of the monthly receipts from excise taxes on
motor vehicle fuels of the motor vehicle fund to the highway
bond retirement fund, and which fund shall be available
solely for payment of such interest or bonds when due. If
in any month it shall appear that the estimated percentage of
money so made is insufficient to meet the requirements for
(2002 Ed.)
47.10.180
interest or bond retirement, the treasurer shall notify the state
finance committee forthwith and such committee shall adjust
its estimate so that all requirements for interest and principal
of all bonds issued shall be fully met at all times. [1961 c
13 § 47.10.220. Prior: 1953 c 154 § 8.]
47.10.230 Additional bonds—Excess sums in bond
retirement fund—Use. Whenever the percentage of the
motor vehicle fund arising from excise taxes on motor fuels,
payable into the highway bond retirement fund, shall prove
more than is required for the payment of interest on bonds
when due, or current retirement of bonds, any excess may,
in the discretion of the state finance committee, be available
for the prior redemption of any bonds or remain available in
the fund to reduce the requirements upon the fuel excise tax
portion of the motor vehicle fund at the next interest or bond
payment period. [1961 c 13 § 47.10.230. Prior: 1953 c
154 § 9.]
47.10.240 Additional bonds—Allocation—Primary
state highway No. 1. Seven million dollars of the total
issue of the bonds authorized by RCW 47.10.150 through
47.10.270 are allocated for accelerating the completion of
four-lane construction of primary state highway No. 1.
[1961 c 13 § 47.10.240. Prior: 1953 c 154 § 10.]
47.10.250 Additional bonds—Allocation—Primary
state highway No. 2, Snoqualmie Pass. Five million
dollars of the total issue of the bonds authorized by RCW
47.10.150 through 47.10.270 are allocated for accelerating
four-lane construction of primary state highway No. 2
contiguous to Snoqualmie Pass. [1961 c 13 § 47.10.250.
Prior: 1953 c 154 § 11.]
47.10.260 Additional bonds—Allocation—Columbia
Basin highways. Three million dollars of the total issue of
the bonds authorized by RCW 47.10.150 through 47.10.270
are allocated for accelerating the construction of secondary
state highways in the Columbia Basin area. [1961 c 13 §
47.10.260. Prior: 1953 c 154 § 12.]
47.10.270 Additional bonds—Allocation—Echo
Lake route. Three million dollars of the total issue of the
bonds authorized by RCW 47.10.150 through 47.10.270 are
allocated insofar as said funds will permit to the construction
of a highway from primary state highway No. 2 beginning
approximately four miles west of North Bend thence
southwesterly by the most feasible route by the way of
Auburn to a junction with primary state highway No. 1 in
the vicinity of Milton. [1961 c 13 § 47.10.270. Prior: 1953
c 154 § 13.]
ADDITIONAL BONDS—1955 ACT
47.10.280 Construction in Grant, Franklin, Adams
counties authorized—Declaration of priority. Construction of county arterial highways and farm to market roads in
Grant, Franklin and Adams counties to coincide with the
opening of lands for settlement in the Columbia Basin
irrigation project, is declared to be a project of the first
[Title 47 RCW—page 45]
47.10.280
Title 47 RCW: Public Highways and Transportation
priority. The construction of said project is required in the
interest of the public safety and for the orderly development
of the state. [1961 c 13 § 47.10.280. Prior: 1955 c 311 §
1.]
47.10.290 Construction in Grant, Franklin, Adams
counties authorized—Issuance and sale of bonds. To
provide funds for construction of this first priority project,
there shall be issued and sold limited obligation bonds of the
state of Washington in the sum of four million three hundred
thousand dollars.
The issuance, sale and retirement of said bonds shall be
under the general supervision and control of the state finance
committee. The state finance committee shall, when notified
by the director of highways, provide for the issuance of
coupon or registered bonds to be dated, issued and sold from
time to time in such amounts as may be necessary to the
orderly progress of construction of this first priority project.
[1961 c 13 § 47.10.290. Prior: 1955 c 311 § 2.]
Reviser’s note: Powers, duties, and functions of director of highways
transferred to secretary of transportation; see RCW 47.01.031. Term
"director of highways" means secretary of transportation; see RCW
47.04.015.
47.10.300 Construction in Grant, Franklin, Adams
counties authorized—Form and term of bonds. Each of
such bonds shall be made payable at any time not exceeding
twenty-five years from the date of its issuance, with such
reserved rights of prior redemption as the state finance
committee may prescribe to be specified therein. The bonds
shall be signed by the governor and the state auditor under
the seal of the state, one of which signatures shall be made
manually and the other signatures may be printed facsimile.
Any bonds may be registered in the name of the holder by
the same officers whose signatures thereon may be in printed
facsimile. Any bonds may be registered in the name of the
holder on presentation to the state treasurer or at the fiscal
agency of the state of Washington in New York City, as to
principal alone, or as to both principal and interest under
such regulations as the state treasurer may prescribe. Such
bonds shall be payable at such places as the state finance
committee may provide. All bonds issued under authority of
RCW 47.10.280 through 47.10.400 shall be fully negotiable
instruments. [1961 c 13 § 47.10.300. Prior: 1955 c 311 §
3.]
47.10.310 Construction in Grant, Franklin, Adams
counties authorized—Bonds not general obligations—
Taxes pledged. Bonds issued under the provisions of RCW
47.10.280 through 47.10.400 shall distinctly state that they
are not a general obligation of the state, but are payable in
the manner provided in RCW 47.10.280 through 47.10.400
from the proceeds of all state excise taxes on motor vehicle
fuels imposed by chapter 82.36 RCW, and RCW 82.36.020,
82.36.230, 82.36.250 and 82.36.400; and *chapter 82.40
RCW and RCW 82.40.020. The proceeds of such excise
taxes are pledged to the payment of any bonds and the
interest thereon issued under the provisions of RCW
47.10.280 through 47.10.400. The legislature agrees to
continue to impose the same excise taxes on motor fuels in
amounts sufficient to pay the principal and interest on all
[Title 47 RCW—page 46]
bonds issued under the provisions of RCW 47.10.280
through 47.10.400 when due. [1961 c 13 § 47.10.310.
Prior: 1955 c 311 § 4.]
*Reviser’s note: Chapter 82.40 RCW and RCW 82.40.020, see note
following RCW 47.10.040.
47.10.320 Construction in Grant, Franklin, Adams
counties authorized—Sale of bonds. The bonds issued
hereunder shall be in denominations to be prescribed by the
state finance committee. They may be sold in such manner
and in such amounts and at such times and on such terms
and conditions as the committee may prescribe. If such
bonds are sold to any purchaser other than the state of
Washington, they shall be sold at public sale. It shall be the
duty of the state finance committee to cause such sale to be
advertised in such manner as it shall deem sufficient. Bonds
issued under the provisions of RCW 47.10.280 through
47.10.400 shall be legal investment for any of the funds of
the state, except the permanent school fund. [1961 c 13 §
47.10.320. Prior: 1955 c 311 § 5.]
47.10.330 Construction in Grant, Franklin, Adams
counties authorized—Bond proceeds—Deposit and use.
The money arising from the sale of said bonds shall be
deposited in the state treasury to the credit of the motor
vehicle fund and such money shall be available only for the
construction of this first priority project, and payment of the
expense incurred in the printing, issuance and sale of any
such bonds. [1961 c 13 § 47.10.330. Prior: 1955 c 311 §
6.]
47.10.340 Construction in Grant, Franklin, Adams
counties authorized—Source of funds for payment of
bond principal and interest. Any funds required to repay
such bonds, or the interest thereon when due, subject to the
proviso of this section, shall be taken from that portion of
the motor vehicle fund which results from the imposition of
all excise taxes on motor vehicle fuels and which is, or may
be, appropriated to the department for state highway purposes. They shall never constitute a charge against any allocation of such funds to counties, cities, and towns unless and
until the amount of the motor vehicle fund arising from the
excise taxes on motor vehicle fuels and available for state
highway purposes proves insufficient to meet the requirements for bond retirement or the interest on any bonds:
PROVIDED, That money required hereunder to pay interest
on or to retire any bonds issued for Columbia Basin county
arterial highways or farm to market roads shall be repaid by
any such county or counties wherein such highways or roads
are constructed in the manner set forth in RCW 47.10.360.
[1984 c 7 § 103; 1961 c 13 § 47.10.340. Prior: 1955 c 311
§ 7.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.350 Construction in Grant, Franklin, Adams
counties authorized—Highway bond retirement fund. At
least one year prior to the date any interest is due and
payable on such bonds or before the maturity date of any
bonds, the state finance committee shall estimate, subject to
the provisions of RCW 47.10.340, the percentage of receipts
in money of the motor vehicle fuels, resulting from col(2002 Ed.)
Highway Construction Bonds
lection of excise taxes on motor vehicle fuels, for each
month of the year which will be required to meet interest or
bond payments hereunder when due, and shall notify the
state treasurer of such estimated requirement. The state
treasurer shall thereafter from time to time each month as
such funds are paid into the motor vehicle fund, transfer
such percentage of the monthly receipts from excise taxes on
motor vehicle fuels of the motor vehicle fund to the highway
bond retirement fund, which is hereby established, and which
fund shall be available solely for payment of such interest or
bonds when due. If in any month it shall appear that the
estimated percentage of money so made is insufficient to
meet the requirements for interest or bond retirement, the
treasurer shall notify the state finance committee forthwith
and such committee shall adjust its estimates so that all
requirements for interest and principal of all bonds issued
shall be fully met at all times. [1961 c 13 § 47.10.350.
Prior: 1955 c 311 § 8.]
47.10.360 Construction in Grant, Franklin, Adams
counties authorized—Reimbursement by counties. The
secretary shall report to the state finance committee all sums
expended from funds resulting from the sale of bonds for
Columbia Basin county arterial highways and farm to market
roads in Grant, Franklin, and Adams counties under the
provisions of RCW 47.10.280 through 47.10.400. Those
counties shall repay to the state all the cost of any Columbia
Basin highway or road facilities actually constructed under
the provisions of RCW 47.10.280 through 47.10.400 within
each of those counties as follows: The state finance committee, at least one year prior to the date any such interest is
due and payable on such bonds or before the maturity date
of any such bonds, shall ascertain the percentage of the
motor vehicle funds arising from the excise taxes on motor
vehicle fuels, which is to be transferred to such counties
under the provisions of law which will be necessary to pay
all of the interest upon or retire when due all of the portion
of said bonds chargeable to expenditures incurred under the
provisions of RCW 47.10.280 through 47.10.400 in each of
said counties. The state finance committee shall notify the
state treasurer of this estimate and the treasurer shall
thereafter, when distributions are made from the motor
vehicle fund to counties, retain such percentage of the total
sums credited to such counties as aforesaid in the motor
vehicle fund arising from such excise taxes on motor vehicle
fuels until such fund is fully reimbursed for all expenditures
under RCW 47.10.280 through 47.10.400 in Grant, Adams,
and Franklin counties. Any money so retained shall be
available for state highway purposes. [1984 c 7 § 104; 1961
c 13 § 47.10.360. Prior: 1955 c 311 § 9.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.370 Construction in Grant, Franklin, Adams
counties authorized—Limit as to amounts currently
retained from excise taxes. The sums retained from motor
vehicle funds, arising from the excise taxes on motor vehicle
fuel, of any such counties shall not exceed in any distribution period fifty percent of the total amount to be credited to
such county. If there shall be a deficit in the amount
available for reimbursement of the motor vehicle fund, due
to this provision, then such deficit shall continue to be a
(2002 Ed.)
47.10.350
charge against any sums due any such county from the
motor vehicle fund from such excise taxes until the full cost
of such Columbia Basin highway facilities is paid. [1961 c
13 § 47.10.370. Prior: 1955 c 311 § 10.]
47.10.380 Construction in Grant, Franklin, Adams
counties authorized—Excess sums in bond retirement
fund—Use. Whenever the percentage of the motor vehicle
fund arising from excise taxes on motor fuels, payable into
the highway bond retirement fund, shall prove more than is
required for the payment of interest on bonds when due, or
current retirement of bonds, any excess may, in the discretion of the state finance committee, be available for prior
redemption of any bonds or remain available in the fund to
reduce the requirements upon the fuel excise tax portion of
the motor vehicle fund at the next interest or bond payment
period. [1961 c 13 § 47.10.380. Prior: 1955 c 311 § 11.]
47.10.390 Construction in Grant, Franklin, Adams
counties authorized—Allocation of funds to each county.
The bonds authorized herein are allocated to the counties as
follows:
(1) For Adams county—six hundred thousand dollars.
(2) For Franklin county—one million five hundred
thousand dollars.
(3) For Grant county—two million two hundred thousand dollars:
PROVIDED, That no bonds shall be issued for Columbia Basin county arterial highway and road purposes unless
expenditures are actually required for the settlement of lands
ready for irrigation in the Columbia Basin project and all
construction of arterial highways and roads in such counties
shall be accomplished by the engineering forces of the
various counties under the supervision of the director of
highways. [1961 c 13 § 47.10.390. Prior: 1955 c 311 §
12.]
Reviser’s note: Powers, duties, and functions of director of highways
transferred to secretary of transportation; see RCW 47.01.031. Term
"director of highways" means secretary of transportation; see RCW
47.04.015.
47.10.400 Construction in Grant, Franklin, Adams
counties authorized—Appropriation from motor vehicle
fund. There is appropriated from the motor vehicle fund for
the biennium ending June 30, 1957 the sum of four million
three hundred thousand dollars, or so much thereof as may
be necessary, to carry out the provisions of RCW 47.10.280
through 47.10.400, but no money shall be available under
this appropriation from said fund unless a like amount of the
bonds provided for herein are sold and the money derived
deposited to the credit of such fund. [1961 c 13 §
47.10.400. Prior: 1955 c 311 § 13.]
ADDITIONAL BONDS—1957 ACT
47.10.410 Echo Lake route—Declaration of necessity. Increased costs for highway and bridge construction
since the enactment of the highway bond issues authorized
by the 1951, 1953 and 1955 legislatures makes necessary
additional money with which to complete that portion of
primary state highway No. 2, beginning approximately four
[Title 47 RCW—page 47]
47.10.410
Title 47 RCW: Public Highways and Transportation
miles west of North Bend thence southwesterly by the most
feasible route by way of Auburn to a junction with primary
state highway No. 1 in the vicinity of Milton, commonly
known as the "Echo Lake Route." It is vital to the economy
of the state and traffic safety that this project be constructed
as soon as the funds provided herein will permit. [1961 c 13
§ 47.10.410. Prior: 1957 c 206 § 1.]
47.10.420 Echo Lake route—Additional bond issue
authorized—Use of motor vehicle fund. To provide
additional funds for the construction of the "Echo Lake
Route," in addition to bonds authorized to be sold by RCW
47.10.160 and as allocated by RCW 47.10.270, there shall be
issued and sold limited obligation bonds of the state of
Washington in the sum of three million dollars. The issuance, sale and retirement of said bonds shall be under the
general supervision and control of the state finance committee. The state finance committee shall when notified by the
Washington state highway commission, provide for the
issuance of coupon or registered bonds to be dated, issued
and sold from time to time in such amounts as may be
necessary to the orderly progress of construction of this
project: PROVIDED, That if funds are available in the
motor vehicle fund in an amount greater than is necessary to
pay current demands, moneys appropriated to the state
highway commission for highway purposes may be used to
finance this project until such time as bonds are sold, as
provided by law, at which time the motor vehicle fund shall
be reimbursed. [1961 c 13 § 47.10.420. Prior: 1957 c 206
§ 2.]
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Terms
"Washington state highway commission" and "state highway commission"
mean department of transportation; see RCW 47.04.015.
47.10.430 Echo Lake route—Form and term of
bonds. Each of such bonds shall be made payable at any
time not exceeding twenty-five years from the date of its
issuance, with such reserved rights of prior redemption
bearing such interest, and such terms and conditions as the
state finance committee may prescribe to be specified
therein. The bonds shall be signed by the governor and the
state auditor under the seal of the state, one of which
signatures shall be made manually and the other signature
may be in printed facsimile, and any coupons attached to
such bonds shall be signed by the same officers whose
signatures thereon may be in printed facsimile. Any bonds
may be registered in the name of the holder on presentation
to the state treasurer or at the fiscal agency of the state of
Washington in New York City, as to principal alone, or as
to both principal and interest under such regulations as the
state treasurer may prescribe. Such bonds shall be payable
at such places as the state finance committee may provide.
All bonds issued under authority of RCW 47.10.410 through
47.10.500 shall be fully negotiable instruments. [1961 c 13
§ 47.10.430. Prior: 1957 c 206 § 3.]
47.10.440 Echo Lake route—Bonds not general
obligations—Taxes pledged. Bonds issued under the
provisions of RCW 47.10.410 through 47.10.500 shall
distinctly state that they are not a general obligation of the
[Title 47 RCW—page 48]
state, but are payable in the manner provided in RCW
47.10.410 through 47.10.500 from the proceeds of all state
excise taxes on motor vehicle fuels imposed by chapter
82.36 RCW and RCW 82.36.020, 82.36.230, 82.36.250, and
82.36.400, as derived from chapter 58, Laws of 1933, as
amended, and as last amended by chapter 220, Laws of
1949, and *chapter 82.40 RCW and RCW 82.40.020, as
derived from chapter 127, Laws of 1941, as amended, and
as last amended by chapter 220, Laws of 1949. The
proceeds of such excise taxes are hereby pledged to the
payment of any bonds and the interest thereon issued under
the provisions of RCW 47.10.410 through 47.10.500 and the
legislature hereby agrees to continue to impose the same
excise taxes on motor vehicle fuels in amounts sufficient to
pay the principal and interest on all bonds issued under the
provisions of RCW 47.10.410 through 47.10.500. [1961 c
13 § 47.10.440. Prior: 1957 c 206 § 4.]
*Reviser’s note: Chapter 82.40 RCW and RCW 82.40.020, see note
following RCW 47.10.040.
47.10.450 Echo Lake route—Sale of bonds. The
bonds issued under the terms of RCW 47.10.410 through
47.10.500 shall be in denominations to be prescribed by the
state finance committee and may be sold in such manner and
in such amounts and at such times and on such terms and
conditions as the committee may prescribe. If bonds are
sold to any purchaser other than the state of Washington,
they shall be sold at public sale, and it shall be the duty of
the state finance committee to cause such sale to be advertised in such manner as it shall deem sufficient. Bonds
issued under the provisions of RCW 47.10.150 through
47.10.270 shall be legal investment for any of the funds of
the state, except the permanent school fund. [1961 c 13 §
47.10.450. Prior: 1957 c 206 § 5.]
47.10.460 Echo Lake route—Proceeds—Deposit and
use. The money arising from the sale of said bonds shall be
deposited in the state treasury to the credit of the motor
vehicle fund and such money shall be available only for the
construction of the project referred to in RCW 47.10.410,
and payment of the expense incurred in the printing, issuance
and sale of any such bonds. [1961 c 13 § 47.10.460. Prior:
1957 c 206 § 6.]
47.10.470 Echo Lake route—Source of funds for
payment of principal and interest. Any funds required to
repay such bonds, or the interest thereon when due shall be
taken from that portion of the motor vehicle fund which
results from the imposition of all excise taxes on motor
vehicle fuels and which is, or may be, appropriated to the
department for state highway purposes, and shall never
constitute a charge against any allocations of such funds to
counties, cities, and towns unless and until the amount of the
motor vehicle fund arising from the excise taxes on motor
vehicle fuels and available for state highway purposes proves
insufficient to meet the requirements for bond retirement or
the interest on any bonds. [1984 c 7 § 105; 1961 c 13 §
47.10.470. Prior: 1957 c 206 § 7.]
Severability—1984 c 7: See note following RCW 47.01.141.
(2002 Ed.)
Highway Construction Bonds
47.10.480 Echo Lake route—Highway bond retirement fund. At least one year prior to the date any interest
is due and payable on such bonds or before the maturity date
of any bonds, the state finance committee shall estimate the
percentage of the receipts in money of the motor vehicle
fund, resulting from collection of excise taxes on motor
vehicle fuels, for each month of the year which will be
required to meet interest or bond payments under RCW
47.10.410 through 47.10.500 when due, and shall notify the
state treasurer of such estimated requirement. The state
treasurer shall thereafter from time to time each month as
such funds are paid into the motor vehicle fund, transfer
such percentage of the monthly receipts from excise taxes on
motor vehicle fuels of the motor vehicle fund to the highway
bond retirement fund, and which fund shall be available
solely for payment of such interest or bonds when due. If
in any month it shall appear that the estimated percentage of
money so made is insufficient to meet the requirements for
interest or bond retirement, the treasurer shall notify the state
finance committee forthwith and such committee shall adjust
its estimates so that all requirements for interest and principal of all bonds issued shall be fully met at all times.
[1961 c 13 § 47.10.480. Prior: 1957 c 206 § 8.]
47.10.490 Echo Lake route—Excess sums in bond
retirement fund—Use. Whenever the percentage of the
motor vehicle fund arising from excise taxes on motor fuels,
payable into the highway bond retirement fund, shall prove
more than is required for the payment of interest on bonds
when due, or current retirement of bonds, any excess may,
in the discretion of the state finance committee, be available
for the prior redemption of any bonds or remain available in
the fund to reduce the requirements upon the fuel excise tax
portion of the motor vehicle fund at the next interest or bond
payment period. [1961 c 13 § 47.10.490. Prior: 1957 c
206 § 9.]
47.10.500 Echo Lake route—Appropriation from
motor vehicle fund. There is hereby appropriated from the
motor vehicle fund to the state highway commission for the
biennium ending June 30, 1959 the sum of three million
dollars, or so much thereof as may be necessary to carry out
the provisions of RCW 47.10.410 through 47.10.500, but no
money shall be available under this appropriation from said
fund unless a like amount of bonds provided for herein are
sold and the moneys derived therefrom are deposited to the
credit of such fund. [1961 c 13 § 47.10.500. Prior: 1957
c 206 § 10.]
TACOMA-SEATTLE-EVERETT FACILITY—1957 ACT
47.10.700 Tacoma-Seattle-Everett facility—
Declaration of necessity. Increased traffic and increased
costs of highway and bridge construction make necessary
additional moneys with which to complete the sections of
primary state highway No. 1 through and between the cities
of Tacoma, Seattle, and Everett and as an additional alternate
route by-passing Seattle east of Lake Washington. It is vital
to the economy of the state and the safety of traffic that
these sections shall be completed to relieve traffic congestions, to insure greater safety to highway users, and to assure
(2002 Ed.)
47.10.480
an adequate through highway to accommodate traffic from
bridges across Lake Washington as soon as possible. [1961
c 13 § 47.10.700. Prior: 1957 c 189 § 1.]
47.10.702 Tacoma-Seattle-Everett facility—To be
part of federal system as limited access—Federal standards and conditions to be met. This highway project
shall be constructed as a part of the federal interstate
highway system as a fully controlled limited access facility
and shall meet the standards and specifications required by
the state of Washington and the secretary of commerce of
the United States in order to qualify for federal grants in aid
as provided for in the federal-aid highway act of 1956. The
state shall perform all conditions precedent to payment in
advance of apportionment as provided by section 108(h) of
the federal-aid highway act of 1956 so as to be entitled to
federal aid funds for the project covered by RCW 47.10.700
through 47.10.724 when such funds are apportioned. [1961
c 13 § 47.10.702. Prior: 1957 c 189 § 2.]
47.10.704 Tacoma-Seattle-Everett facility—Powers
and duties of highway commission—Route of project. In
order to facilitate vehicular traffic through and between the
cities of Tacoma, Seattle and Everett and to remove the present handicaps and hazards over and along primary state
highway No. 1 as presently established, the state highway
commission is authorized to realign, redesign and reconstruct
primary state highway No. 1 upon a newly located right of
way or upon portions of existing right of way through and
between the cities of Tacoma, Seattle and Everett and as an
additional alternate route bypassing Seattle east of Lake
Washington. The route of the proposed project is established
as follows: Beginning in the vicinity of Ponders Corner,
thence in a general northeasterly and northerly direction
through the cities of Tacoma and Seattle to a point in the vicinity of the city of Everett and as an additional alternate
route bypassing Seattle east of Lake Washington. [1961 c
13 § 47.10.704. Prior: 1957 c 189 § 3.]
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term
"state highway commission" means department of transportation; see RCW
47.04.015.
47.10.706 Tacoma-Seattle-Everett facility—Issuance
and sale of bonds authorized. In order to finance the
immediate construction of the project referred to in RCW
47.10.700 pending receipt of federal grants in aid and in
accordance with the federal-aid highway act of 1956, there
shall be issued and sold limited obligation bonds of the state
of Washington in the sum of forty-five million dollars or
such amount thereof and at such times as determined to be
necessary by the state highway commission. No bonds shall
be issued under the provisions of RCW 47.10.700 through
47.10.724 until the congress of the United States shall
approve the estimated cost of completing the federal interstate system to be submitted to it within ten days subsequent
to January 2, 1958, as provided by section 108(d), federalaid highway act of 1956. The issuance, sale and retirement
of said bonds shall be under the supervision and control of
the state finance committee which, upon request being made
by the Washington state highway commission, shall provide
[Title 47 RCW—page 49]
47.10.706
Title 47 RCW: Public Highways and Transportation
for the issuance, sale and retirement of coupon or registered
bonds to be dated, issued, and sold from time to time in such
amounts as may be necessary for the orderly progress of said
project. [1967 ex.s. c 7 § 1; 1961 c 13 § 47.10.706. Prior:
1957 c 189 § 4.]
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Terms
"state highway commission" and "Washington state highway commission"
mean department of transportation; see RCW 47.04.015.
47.10.708 Tacoma-Seattle-Everett facility—Form
and term of bonds. Each of such bonds shall be made
payable at any time not exceeding twenty-five years from the
date of its issuance, with such reserved rights of prior
redemption, bearing such interest, and such terms and
conditions, as the state finance committee may prescribe to
be specified therein. The bonds shall be signed by the
governor and the state auditor under the seal of the state, one
of which signatures shall be made manually and the other
signature may be in printed facsimile, and any coupons
attached to such bonds shall be signed by the same officers
whose signatures thereon may be in printed facsimile. Any
bonds may be registered in the name of the holder on
presentation to the state treasurer or at the fiscal agency of
the state of Washington in New York City, as to principal
alone, or as to both principal and interest under such
regulations as the state treasurer may prescribe. Such bonds
shall be payable at such places as the state finance committee may provide. All bonds issued hereunder shall be fully
negotiable instruments. [1961 c 13 § 47.10.708. Prior:
1957 c 189 § 5.]
47.10.710 Tacoma-Seattle-Everett facility—Sale of
bonds. The bonds issued hereunder shall be in denominations to be prescribed by the state finance committee and
may be sold in such manner and in such amounts and at
such times and on such terms and conditions as the committee may prescribe. If bonds are sold to any purchaser other
than the state of Washington, they shall be sold at public
sale, and it shall be the duty of the state finance committee
to cause such sale to be advertised in such manner as it shall
deem sufficient. Bonds issued under the provisions of RCW
47.10.700 through 47.10.724 shall be legal investment for
any of the funds of the state, except the permanent school
fund. [1961 c 13 § 47.10.710. Prior: 1957 c 189 § 6.]
47.10.712 Tacoma-Seattle-Everett facility—Proceeds
from bonds—Deposit and use. The money arising from
the sale of said bonds shall be deposited in the state treasury
to the credit of the motor vehicle fund and such money shall
be available only for the construction of the project referred
to in RCW 47.10.700, 47.10.702 and 47.10.704, and for
payment of the expense incurred in the drafting, printing,
issuance, and sale of any such bonds. [1961 c 13 §
47.10.712. Prior: 1957 c 189 § 7.]
47.10.714 Tacoma-Seattle-Everett facility—Bonds
not general obligations—Taxes pledged. Bonds issued
under the provisions of RCW 47.10.700 through 47.10.724
shall distinctly state that they are not a general obligation of
the state, but are payable in the manner provided in RCW
[Title 47 RCW—page 50]
47.10.700 through 47.10.724 from the proceeds of state
excise taxes on motor vehicle fuels imposed by chapter
82.36 RCW and RCW 82.36.020, 82.36.230, 82.36.250 and
82.36.400, as derived from chapter 58, Laws of 1933, as
amended, and as last amended by chapter 220, Laws of
1949; and *chapter 82.40 RCW and RCW 82.40.020, as
derived from chapter 127, Laws of 1941, as amended, and
as last amended by chapter 220, Laws of 1949. The
proceeds of such excise taxes are hereby pledged to the
payment of any bonds and the interest thereon issued under
the provisions of RCW 47.10.700 through 47.10.724, and the
legislature hereby agrees to continue to impose the same
excise taxes on motor vehicle fuels in amounts sufficient to
pay, when due, the principal and interest on all bonds issued
under the provisions of RCW 47.10.700 through 47.10.724.
[1961 c 13 § 47.10.714. Prior: 1957 c 189 § 8.]
*Reviser’s note: Chapter 82.40 RCW and RCW 82.40.020, see note
following RCW 47.10.040.
47.10.716 Tacoma-Seattle-Everett facility—Source
of funds for payment of principal and interest. Any
funds required to repay such bonds, or the interest thereon
when due, subject to the proviso of this section, shall be
taken from that portion of the motor vehicle fund which
results from the imposition of excise taxes on motor vehicle
fuels and which is, or may be appropriated to the department
for state highway purposes, and shall never constitute a
charge against any allocations of such funds to counties,
cities, and towns unless and until the amount of the motor
vehicle fund arising from the excise taxes on motor vehicle
fuels and available for state highway purposes proves
insufficient to meet the requirements for bond retirement or
interest on any such bonds. [1984 c 7 § 106; 1961 c 13 §
47.10.716. Prior: 1957 c 189 § 9.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.718 Tacoma-Seattle-Everett facility—
Additional security for payment of bonds—Pledge of
federal funds. As additional security for payment of the
principal amount of any or all of the bonds to be issued
hereunder, the state finance committee, with the consent of
the department, may pledge all or any portion of the federal
aid funds received or from time to time to be received by the
state from the United States under the provisions of the
federal-aid highway act of 1956 for the construction of all or
any part of the project referred to in RCW 47.10.700,
47.10.702, and 47.10.704. [1984 c 7 § 107; 1961 c 13 §
47.10.718. Prior: 1957 c 189 § 10.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.720 Tacoma-Seattle-Everett facility—Highway
bond retirement fund. At least one year prior to the date
any interest is due and payable on such bonds or before the
maturity date of any bonds, the state finance committee shall
estimate, subject to the provisions of RCW 47.10.716, the
percentage of the receipts in money of the motor vehicle
fund, resulting from collection of excise taxes on motor
vehicle fuels, for each month of the year which, together
with federal funds which may be pledged as provided in
RCW 47.10.718, shall be required to meet interest or bond
payments hereunder when due, and shall notify the state
(2002 Ed.)
Highway Construction Bonds
treasurer of such estimated requirement. The state treasurer
shall thereafter from time to time each month as such funds
are paid into the motor vehicle fund, transfer such percentage of the monthly receipts from excise taxes on motor
vehicle fuels of the motor vehicle fund to the bond retirement fund, which fund shall be available solely for payment
of interest or bonds when due. If in any month it shall
appear that the estimated percentage of money so made is
insufficient to meet the requirements for interest or bond
retirement, the treasurer shall notify the state finance
committee forthwith and such committee shall adjust its
estimates so that all requirements for interest and principal
of all bonds issued shall be fully met at all times. [1961 c
13 § 47.10.720. Prior: 1957 c 189 § 11.]
47.10.722 Tacoma-Seattle-Everett facility—Excess
sums in bond retirement fund—Use. Whenever the
percentage of the motor vehicle fund arising from excise
taxes on motor fuels and the federal funds which may be
pledged as provided in RCW 47.10.718, payable into the
highway bond retirement fund, shall prove more than is
required for the payment of interest on bonds when due, or
current retirement of bonds, any excess may, in the discretion of the state finance committee, be available for the
prior redemption of any bonds or remain available in the
fund to reduce the requirements upon the fuel excise tax
portion of the motor vehicle fund at the next interest or bond
payment period. [1961 c 13 § 47.10.722. Prior: 1957 c
189 § 12.]
47.10.724 Tacoma-Seattle-Everett facility—
Appropriation from motor vehicle fund. There is hereby
appropriated from the motor vehicle fund to the state
highway commission for the biennium ending June 30, 1959
the sum of forty-five million dollars, or so much thereof as
may be necessary to carry out the provisions of RCW
47.10.700 through 47.10.724, but no money shall be available under this appropriation from said fund unless a like
amount of bonds provided for herein are sold and the money
derived therefrom deposited to the credit of such fund.
[1967 ex.s. c 7 § 2; 1961 c 13 § 47.10.724. Prior: 1957 c
189 § 13.]
ADDITIONAL BONDS—1965 ACT
47.10.726 Construction in Grant, Franklin, Adams
counties authorized—Declaration of public interest.
Construction of county arterial highways and farm to market
roads in Grant, Franklin and Adams counties to coincide
with the opening of additional lands for settlement in the
Columbia Basin irrigation project, is declared to be a project
required in the interest of the public safety and for the
orderly development of the state. [1965 c 121 § 1.]
47.10.727 Construction in Grant, Franklin, Adams
counties authorized—Issuance and sale of limited obligation bonds. To provide funds for construction of this
project, there shall be issued and sold limited obligation
bonds of the state of Washington in the sum of one million
eight hundred and fifty thousand dollars.
(2002 Ed.)
47.10.720
The issuance, sale and retirement of said bonds shall be
under the general supervision and control of the state finance
committee. The state finance committee shall, when notified
by the director of highways, provide for the issuance of
coupon or registered bonds to be dated, issued and sold from
time to time in such amounts as may be necessary to the
orderly progress of construction of this project. [1965 c 121
§ 2.]
Reviser’s note: Powers, duties, and functions of director of highways
transferred to secretary of transportation; see RCW 47.01.031. Term
"director of highways" means secretary of transportation; see RCW
47.04.015.
47.10.728 Construction in Grant, Franklin, Adams
counties authorized—Form and term of bonds. Each of
such bonds shall be made payable at any time not exceeding
twenty-five years from the date of its issuance, with such
reserved rights of prior redemption as the state finance
committee may prescribe to be specified therein. The bonds
shall be signed by the governor and the state treasurer under
the seal of the state, one of which signatures shall be made
manually and the other signatures may be printed facsimile.
The coupons attached to the bonds shall be signed by the
same officers whose signatures thereon may be in printed
facsimile. Any bonds may be registered in the name of the
holder on presentation to the state treasurer or at the fiscal
agency of the state of Washington in New York City, as to
principal alone, or as to both principal and interest under
such regulations as the state treasurer may prescribe. Such
bonds shall be payable at such places as the state finance
committee may provide. All bonds issued under authority of
RCW 47.10.726 through 47.10.738 shall be fully negotiable
instruments. [1965 c 121 § 3.]
47.10.729 Construction in Grant, Franklin, Adams
counties authorized—Bonds not general obligations—
Taxes pledged. Bonds issued under the provisions of RCW
47.10.726 through 47.10.738 shall distinctly state that they
are not a general obligation of the state, but are payable in
the manner provided in RCW 47.10.726 through 47.10.738
from the proceeds of all state excise taxes on motor vehicle
fuels imposed by chapter 82.36 RCW and *chapter 82.40
RCW. The proceeds of such excise taxes are pledged to the
payment of any bonds and the interest thereon issued under
the provisions of RCW 47.10.726 through 47.10.738. The
legislature agrees to continue to impose the same excise
taxes on motor fuels in amounts sufficient to pay the
principal and interest on all bonds issued under the provisions of RCW 47.10.726 through 47.10.738 when due.
[1965 c 121 § 4.]
*Reviser’s note: Chapter 82.40 RCW was repealed by 1971 ex.s. c
175 § 33; for later enactment, see chapter 82.38 RCW.
47.10.730 Construction in Grant, Franklin, Adams
counties authorized—Sale of bonds—Legal investment
for state funds. The bonds issued hereunder shall be in
denominations to be prescribed by the state finance committee. They may be sold in such manner and in such amounts
and at such times and on such terms and conditions as the
committee may prescribe. The bonds shall be sold at public
sale. It shall be the duty of the state finance committee to
cause such sale to be advertised in such manner as it shall
[Title 47 RCW—page 51]
47.10.730
Title 47 RCW: Public Highways and Transportation
deem sufficient. Bonds issued under the provisions of RCW
47.10.726 through 47.10.738 shall be legal investment for
any of the funds of the state, except the permanent school
fund. [1965 c 121 § 5.]
47.10.731 Construction in Grant, Franklin, Adams
counties authorized—Bond proceeds—Deposit and use.
The money arising from the sale of said bonds shall be
deposited in the state treasury to the credit of the motor
vehicle fund and such money shall be available only for the
construction of the project authorized by RCW 47.10.726
through 47.10.738, and payment of the expense incurred in
the printing, issuance and sale of any such bonds, in which
expense shall be included the sum of one eighth of one
percent of the amount of the issue to cover the cost of
servicing said issue, such sum to be deposited in the general
fund. [1965 c 121 § 6.]
47.10.732 Construction in Grant, Franklin, Adams
counties authorized—Source of funds for payment of
bond principal and interest. Any funds required to repay
such bonds, or the interest thereon when due, subject to the
proviso of this section, shall be taken from that portion of
the motor vehicle fund which results from the imposition of
all excise taxes on motor vehicle fuels and which is, or may
be, appropriated to the department for state highway purposes. They shall never constitute a charge against any allocation of such funds to counties, cities, and towns unless and
until the amount of the motor vehicle fund arising from the
excise taxes on motor vehicle fuels and available for state
highway purposes proves insufficient to meet the requirements for bond retirement or the interest on any bonds:
PROVIDED, That money required hereunder to pay interest
on or to retire any bonds issued as authorized by RCW
47.10.726 through 47.10.738 shall be repaid by the county
or counties wherein the highways or roads are constructed in
the manner set forth in RCW 47.10.734. [1984 c 7 § 108;
1965 c 121 § 7.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.733 Construction in Grant, Franklin, Adams
counties authorized—Highway bond retirement fund. At
least one year prior to the date any interest is due and
payable on such bonds or before the maturity date of any
bonds, the state finance committee shall estimate the
percentage of receipts in money of the motor vehicle *fund,
resulting from collection of excise taxes on motor vehicle
fuels, for each month of the year which will be required to
meet interest or bond payments hereunder when due, and
shall notify the state treasurer of such estimated requirement.
The state treasurer shall thereafter from time to time each
month as such funds are paid into the motor vehicle fund,
transfer such percentage of the monthly receipts from excise
taxes on motor vehicle fuels of the motor vehicle fund to the
highway bond retirement fund, which is hereby established,
and which fund shall be available solely for payment of such
interest or bonds when due. If in any month it shall appear
that the estimated percentage of money so made is insufficient to meet the requirements for interest or bond retirement, the treasurer shall notify the state finance committee
forthwith and such committee shall adjust its estimates so
[Title 47 RCW—page 52]
that all requirements for interest and principal of all bonds
issued shall be fully met at all times. [1965 c 121 § 8.]
*Reviser’s note: The word "fuels" appearing in the session law
version of the above section has been corrected to read "fund"; see
comparable provisions in RCW 47.10.080, 47.10.220, 47.10.480, and
47.10.720.
47.10.734 Construction in Grant, Franklin, Adams
counties authorized—Repayment to state by Grant,
Franklin and Adams counties by retention of funds. The
secretary shall report to the state finance committee all sums
expended from funds resulting from the sale of bonds
authorized by RCW 47.10.726 through 47.10.738. Grant,
Franklin, and Adams counties shall repay to the state all the
cost of highway or road facilities actually constructed under
the provisions of RCW 47.10.726 through 47.10.738 within
each of said counties as follows: The state finance committee, at least one year prior to the date any such interest is
due and payable on such bonds or before the maturity date
of any such bonds, shall ascertain the percentage of the
motor vehicle funds arising from the excise taxes on motor
vehicle fuels, which is to be transferred to such counties
under the provisions of law which will be necessary to pay
all of the interest upon or retire when due all of the portion
of said bonds sold under the provisions of RCW 47.10.726
through 47.10.738 in each of said counties. The state finance committee shall notify the state treasurer of this
estimate and the treasurer shall thereafter, when distributions
are made from the motor vehicle fund to counties, retain
such percentage of the total sums credited to such counties
as aforesaid in the motor vehicle fund arising from such
excise taxes on motor vehicle fuels until such fund is fully
reimbursed for all expenditures under RCW 47.10.726
through 47.10.738 in Grant, Adams, and Franklin counties.
Any money so retained shall be available for state highway
purposes. [1984 c 7 § 109; 1965 c 121 § 9.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.735 Construction in Grant, Franklin, Adams
counties authorized—Repayment, limitation as to amount
of funds retained—Deficits. The sums retained from motor
vehicle funds, arising from the excise taxes on motor vehicle
fuel, of any such counties as provided in RCW 47.10.734,
together with the sums similarly retained under the provisions of RCW 47.10.010 through 47.10.140 and RCW
47.10.280 through 47.10.400 shall not exceed in any distribution period fifty percent of the total amount to be credited
to such county. If there shall be a deficit in the amount
available for reimbursement of the motor vehicle fund, due
to this provision, then such deficit shall continue to be a
charge against any sums due any such county from the
motor vehicle fund from such excise taxes until the full cost
of such highway facilities is paid. [1965 c 121 § 10.]
47.10.736 Construction in Grant, Franklin, Adams
counties authorized—Sums in excess of retirement
requirements—Use. Whenever the percentages of the
motor vehicle fund arising from excise taxes on motor fuels,
payable into the highway bond retirement fund, shall prove
more than is required for the payment of interest on bonds
when due, or current retirement of bonds, any excess may,
(2002 Ed.)
Highway Construction Bonds
47.10.736
in the discretion of the state finance committee, be available
for prior redemption of any bonds or remain available in the
fund to reduce the requirements upon the fuel excise tax
portion of the motor vehicle fund at the next interest or bond
payment period. [1965 c 121 § 11.]
to time in such amounts as shall be requested by the state
highway commission. [1967 ex.s. c 7 § 4.]
47.10.737 Construction in Grant, Franklin, Adams
counties authorized—Allocation of bonds to counties—
Conditions upon issuance—Use of county engineering
forces. The bonds authorized herein are allocated to the
counties as follows:
(1) For Adams county—one hundred thousand dollars.
(2) For Franklin county—four hundred fifty thousand
dollars.
(3) For Grant county—one million three hundred
thousand dollars:
PROVIDED, That no bonds shall be issued for Columbia Basin county arterial highway and road purposes unless
expenditures are actually required for the settlement of lands
ready for irrigation in the Columbia Basin project and all
construction of arterial highways and roads in such counties
shall be accomplished by the engineering forces of the
various counties under the supervision of the director of
highways. [1965 c 121 § 12.]
47.10.753 Additional funds—Form and term of
bonds. Each of such bonds shall be made payable at any
time not exceeding twenty-five years from the date of its
issuance, with such reserved rights of prior redemption,
bearing such interest, and such terms and conditions, as the
state finance committee may prescribe to be specified
therein. The bonds shall be signed by the governor and the
state treasurer under the seal of the state, one of which
signatures shall be made manually and the other signature
may be in printed facsimile, and any coupons attached to
such bonds shall be signed by the same officers whose
signatures thereon may be in printed facsimile. Any bonds
may be registered in the name of the holder on presentation
to the state treasurer or at the fiscal agency of the state of
Washington in New York City, as to principal alone, or as
to both principal and interest under such regulations as the
state treasurer may prescribe. Such bonds shall be payable
at such places as the state finance committee may provide.
All bonds issued hereunder shall be fully negotiable instruments. [1967 ex.s. c 7 § 5.]
Reviser’s note: Powers, duties, and functions of director of highways
transferred to secretary of transportation; see RCW 47.01.031. Term
"director of highways" means secretary of transportation; see RCW
47.04.015.
47.10.738 Construction in Grant, Franklin, Adams
counties authorized—Appropriation from motor vehicle
fund. There is appropriated from the motor vehicle fund for
the biennium ending June 30, 1967 the sum of one million
eight hundred fifty thousand dollars, or so much thereof as
may be necessary, to carry out the provisions of RCW
47.10.726 through 47.10.738. [1965 c 121 § 13.]
ADDITIONAL BONDS—CONSTRUCTION AND
IMPROVEMENT—1967 ACT
47.10.751 Additional funds—Declaration of necessity. Increased costs of construction combined with an
unprecedented increase in motor vehicle use in this state
have created an urgent demand for additional highway
construction funds. It is vital to the economy of this state
and the safety of the public that additional funds be provided
for the construction of state highways. [1967 ex.s. c 7 § 3.]
47.10.752 Additional funds—Issuance and sale of
limited obligation bonds. In order to provide funds for the
construction and improvement of state highways, there shall
be issued and sold limited obligation bonds of the state of
Washington in the sum of thirty million dollars or such
amount thereof and at such times as determined to be
necessary by the state highway commission. The issuance,
sale and retirement of said bonds shall be under the supervision and control of the state finance committee which,
upon request being made by the state highway commission,
shall provide for the issuance, sale and retirement of coupon
or registered bonds to be dated, issued, and sold from time
(2002 Ed.)
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term
"state highway commission" means department of transportation; see RCW
47.04.015.
47.10.754 Additional funds—Sale of bonds—Legal
investment for state funds. The bonds issued hereunder
shall be in denominations to be prescribed by the state finance committee and may be sold in such manner and in
such amounts and at such times and on such terms and
conditions as the committee may prescribe. If the bonds are
sold to any purchaser other than the state of Washington,
they shall be sold at public sale, and it shall be the duty of
the state finance committee to cause such sale to be advertised in such manner as it shall deem sufficient. Bonds issued under the provisions of RCW 47.10.751 through
47.10.760 shall be legal investment for any of the funds of
the state, except the permanent school fund. [1967 ex.s. c 7
§ 6.]
47.10.755 Additional funds—Bond proceeds—
Deposit and use. The money arising from the sale of said
bonds shall be deposited in the state treasury to the credit of
the motor vehicle fund and such money shall be available
only for the construction of state highways and for payment
of the expenses incurred in the printing, issuance, and sale
of any such bonds. [1967 ex.s. c 7 § 7.]
47.10.756 Additional funds—Bonds not general
obligations—Taxes pledged. Bonds issued under the
provisions of RCW 47.10.751 through 47.10.760 shall
distinctly state that they are not a general obligation of the
state, but are payable in the manner provided in RCW
47.10.751 through 47.10.760 from the proceeds of state
excise taxes on motor vehicle fuels imposed by chapter
82.36 RCW and *chapter 82.40 RCW. The proceeds of
such excise taxes are hereby pledged to the payment of any
bonds and the interest thereon issued under the provisions of
[Title 47 RCW—page 53]
47.10.756
Title 47 RCW: Public Highways and Transportation
RCW 47.10.751 through 47.10.760, and the legislature
hereby agrees to continue to impose the same excise taxes
on motor vehicle fuels in amounts sufficient to pay, when
due, the principal and interest on all bonds issued under the
provisions of RCW 47.10.751 through 47.10.760. [1967
ex.s. c 7 § 8.]
*Reviser’s note: Chapter 82.40 RCW, see note following RCW
47.10.729.
47.10.757 Additional funds—Source of funds for
payment of bond principal and interest. Any funds
required to repay such bonds, or the interest thereon when
due, subject to the proviso of this section, shall be taken
from that portion of the motor vehicle fund which results
from the imposition of excise taxes on motor vehicle fuels
and which is or may be appropriated to the department for
state highway purposes, and shall never constitute a charge
against any allocations of any other such funds to the state,
counties, cities, and towns unless and until the amount of the
motor vehicle fund arising from the excise taxes on motor
vehicle fuels and available to the state for construction of
state highways proves insufficient to meet the requirements
for bond retirement or interest on any such bonds. [1984 c
7 § 110; 1967 ex.s. c 7 § 9.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.758 Additional funds—Highway bond retirement fund. At least one year prior to the date any interest
is due and payable on such bonds or before the maturity date
of any such bonds, the state finance committee shall estimate, subject to the provisions of RCW 47.10.757, the
percentage of the receipts in money of the motor vehicle
fund, resulting from collection of excise taxes on motor
vehicle fuels, for each month of the year which shall be
required to meet interest or bond payments hereunder when
due, and shall notify the state treasurer of such estimated
requirement. The state treasurer shall thereafter from time
to time each month as such funds are paid into the motor
vehicle fund, transfer such percentage of the monthly
receipts from excise taxes on motor vehicle fuels of the
motor vehicle fund to the bond retirement fund, hereby
created, which fund shall be available solely for payment of
interest or bonds when due. If in any month it shall appear
that the estimated percentage of money so made is insufficient to meet the requirements for interest or bond retirement, the treasurer shall notify the state finance committee
forthwith and such committee shall adjust its estimates so
that all requirements for interest and principal of all bonds
issued shall be fully met at all times. [1967 ex.s. c 7 § 10.]
47.10.759 Additional funds—Sums in excess of
retirement requirements—Use. Whenever the percentage
of the motor vehicle fund arising from excise taxes on motor
vehicle fuels payable into the bond retirement fund, shall
prove more than is required for the payment of interest on
bonds when due, or current retirement of bonds, any excess
may, in the discretion of the state finance committee, be
available for the prior redemption of any bonds or remain
available in the fund to reduce the requirements upon the
fuel excise tax portion of the motor vehicle fund at the next
interest or bond payment period. [1967 ex.s. c 7 § 11.]
[Title 47 RCW—page 54]
47.10.760 Additional funds—Appropriation from
motor vehicle fund. There is hereby appropriated from the
motor vehicle fund to the state highway commission for the
biennium ending June 30, 1969, the sum of thirty million
dollars, or so much thereof as may be necessary to carry out
the provisions of RCW 47.10.751 through 47.10.760. [1967
ex.s. c 7 § 12.]
RESERVE FUNDS FOR HIGHWAY, STREET, AND
ROAD PURPOSES—1967 ACT
47.10.761 Reserve funds—Purposes. It is the
purpose of RCW 47.10.761 through 47.10.771 to provide
reserve funds to the department for the following purposes:
(1) For construction, reconstruction, or repair of any
state highway made necessary by slides, storm damage, or
other unexpected or unusual causes;
(2) For construction or improvement of any state
highway when necessary to alleviate or prevent intolerable
traffic congestion caused by extraordinary and unanticipated
economic development within any area of the state;
(3) To advance funds to any city or county to be used
exclusively for the construction or improvement of any city
street or county road when necessary to alleviate or prevent
intolerable traffic congestion caused by extraordinary and
unanticipated economic development within a particular area
of the state. Before funds provided by the sale of bonds as
authorized in RCW 47.10.761 through 47.10.770, are loaned
to any city or county for the purposes specified herein, the
department shall enter into an agreement with the city or
county providing for repayment to the motor vehicle fund of
such funds, together with the amount of bond interest
thereon, from the city’s or the county’s share of the motor
vehicle funds arising from excise taxes on motor vehicle
fuels, over a period not to exceed twenty-five years; and
(4) To participate in projects on state highways or
projects benefiting state highways that have been selected for
funding by entities other than the Washington state department of transportation and require a financing contribution
by the department of transportation. [1993 sp.s. c 11 § 1;
1984 c 7 § 111; 1967 ex.s. c 7 § 13.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.762 Issuance and sale of general obligation
bonds. In order to provide reserve funds for the purposes
specified in RCW 47.10.761, there shall be issued and sold
general obligation bonds of the state of Washington in the
sum of twenty-five million dollars or such amount thereof
and at such times as may be determined to be necessary by
the state transportation commission. The issuance, sale and
retirement of said bonds shall be under the supervision and
control of the state finance committee which, upon request
being made by the Washington state transportation commission, shall provide for the issuance, sale and retirement of
coupon or registered bonds to be dated, issued and sold from
time to time in such amounts as may be necessary for the
purposes enumerated in RCW 47.10.761. [1993 sp.s. c 11
§ 2; 1967 ex.s. c 7 § 14.]
47.10.763 Bonds—Term—Terms and conditions—
Signatures—Registration—Where payable—Negotiable
(2002 Ed.)
Highway Construction Bonds
instruments. Each of such bonds shall be made payable at
any time not exceeding twenty-five years from the date of its
issuance, with such reserved rights of prior redemption,
bearing such interest, and such terms and conditions, as the
state finance committee may prescribe to be specified
therein. The bonds shall be signed by the governor and the
state treasurer under the seal of the state, one of which
signatures shall be made manually and the other signature
may be in printed facsimile, and any coupons attached to
such bonds shall be signed by the same officers whose
signatures thereon may be in printed facsimile. Any bonds
may be registered in the name of the holder on presentation
to the state treasurer or at the fiscal agency of the state of
Washington in New York City, as to principal alone, or as
to both principal and interest under such regulations as the
state treasurer may prescribe. Such bonds shall be payable
at such places as the state finance committee may provide.
All bonds issued hereunder shall be fully negotiable instruments. [1967 ex.s. c 7 § 15.]
47.10.764 Bonds—Denominations—Manner and
terms of sale—Legal investment for state funds. The
bonds issued hereunder shall be in denominations to be
prescribed by the state finance committee and may be sold
in such manner and in such amounts and at such times and
on such terms and conditions as the committee may prescribe. If the bonds are sold to any purchaser other than the
state of Washington, they shall be sold at public sale, and it
shall be the duty of the state finance committee to cause
such sale to be advertised in such manner as it shall deem
sufficient. Bonds issued under the provisions of RCW
47.10.761 through 47.10.771 shall be legal investment for
any of the funds of the state, except the permanent school
fund. [1967 ex.s. c 7 § 16.]
47.10.765 Bonds—Bond proceeds—Deposit and use.
The money arising from the sale of said bonds shall be
deposited in the state treasury to the credit of the motor
vehicle fund and such money shall be available only for the
purposes enumerated in RCW 47.10.761 and for payment of
the expense incurred in the drafting, printing, issuance and
sale of any such bonds. [1967 ex.s. c 7 § 17.]
47.10.766 Bonds—Statement describing nature of
obligation—Pledge of excise taxes. Bonds issued under the
provisions of RCW 47.10.761 through 47.10.771 shall
distinctly state that they are not a general obligation of the
state, but are payable in the manner provided in RCW
47.10.761 through 47.10.771 from the proceeds of state
excise taxes on motor vehicle fuels imposed by chapter
82.36 RCW and *chapter 82.40 RCW. The proceeds of
such excise taxes are hereby pledged to the payment of any
bonds and the interest thereon issued under the provisions of
RCW 47.10.761 through 47.10.771, and the legislature
hereby agrees to continue to impose the same excise taxes
on motor vehicle fuels in amounts sufficient to pay, when
due, the principal and interest on all bonds issued under the
provisions of RCW 47.10.761 through 47.10.771. [1967
ex.s. c 7 § 18.]
*Reviser’s note: Chapter 82.40 RCW, see note following RCW
47.10.729.
(2002 Ed.)
47.10.763
47.10.767 Bonds—Designation of funds to repay
bonds and interest. Any funds required to repay such
bonds, or the interest thereon when due, subject to the
proviso of this section, shall be taken from that portion of
the motor vehicle fund which results from the imposition of
excise taxes on motor vehicle fuels and which is, or may be
appropriated to the department for state highway purposes,
and shall never constitute a charge against any allocations of
such funds to counties, cities, and towns unless and until the
amount of the motor vehicle fund arising from the excise
taxes on motor vehicle fuels and available for state highway
purposes proves insufficient to meet the requirements for
bond retirement or interest on any such bonds. [1984 c 7 §
112; 1967 ex.s. c 7 § 19.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.768 Bonds—Pledge of federal aid funds. As
additional security for payment of the principal amount of
any or all of the bonds to be issued hereunder, the state
finance committee, with the consent of the department, may
pledge all or any portion of the federal aid funds received or
from time to time to be received by the state from the
United States under the provisions of the federal-aid highway
act of 1956, as amended, for the construction of
Washington’s portion of the national system of interstate and
defense highways. [1984 c 7 § 113; 1967 ex.s. c 7 § 20.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.10.769 Bonds—Repayment procedure—Bond
retirement fund. At least one year prior to the date any
interest is due and payable on such bonds or before the
maturity date of any bonds, the state finance committee shall
estimate, subject to the provisions of RCW 47.10.767, the
percentage of the receipts in money of the motor vehicle
fund, resulting from collection of excise taxes on motor
vehicle fuels, for each month of the year which, together
with federal funds which may be pledged as provided in
RCW 47.10.768, shall be required to meet interest or bond
payments hereunder when due, and shall notify the state
treasurer of such estimated requirement. The state treasurer
shall thereafter from time to time each month as such funds
are paid into the motor vehicle fund, transfer such percentage of the monthly receipts from excise taxes on motor
vehicle fuels of the motor vehicle fund to the bond retirement fund, which fund shall be available solely for payment
of interest or bonds when due. If in any month it shall
appear that the estimated percentage of money so made is
insufficient to meet the requirements for interest or bond
retirement, the treasurer shall notify the state finance
committee forthwith and such committee shall adjust its
estimates so that all requirements for interest and principal
of all bonds issued shall be fully met at all times. [1967
ex.s. c 7 § 21.]
47.10.770 Bonds—Sums in excess of retirement
requirements—Use. Whenever the percentage of the motor
vehicle fund arising from excise taxes on motor fuels and the
federal funds which may be pledged as provided in RCW
47.10.768, payable into the highway bond retirement fund,
shall prove more than is required for the payment of interest
on bonds when due, or current retirement of bonds, any
[Title 47 RCW—page 55]
47.10.770
Title 47 RCW: Public Highways and Transportation
excess may, in the discretion of the state finance committee,
be available for the prior redemption of any bonds or remain
available in the fund to reduce the requirements upon the
fuel excise tax portion of the motor vehicle fund at the next
interest or bond payment period. [1967 ex.s. c 7 § 22.]
47.10.771 Bonds—Appropriation from motor
vehicle fund. There is hereby appropriated from the motor
vehicle fund to the state highway commission for the
biennium ending June 30, 1969, the sum of twenty-five
million dollars, or so much thereof as may be necessary to
carry out the provisions of RCW 47.10.761 through
47.10.771. [1967 ex.s. c 7 § 23.]
STATE HIGHWAYS IN URBAN AREAS
47.10.775 Issuance and sale of limited obligation
bonds, terms, conditions, retirement, use of proceeds, etc.
See RCW 47.26.400 through 47.26.407.
COUNTY AND CITY ARTERIALS IN URBAN AREAS
47.10.777 Issuance and sale of limited obligation
bonds, terms, conditions, retirement, use of proceeds, etc.
See RCW 47.26.420 through 47.26.460.
INTERSTATE 90 COMPLETION—1979 ACT
47.10.790 Issuance and sale of general obligation
bonds—State route 90 improvements—Category C
improvements. (1) In order to provide funds for the
location, design, right of way, and construction of selected
interstate highway improvements, there shall be issued and
sold upon the request of the Washington state transportation
commission, a total of one hundred million dollars of general
obligation bonds of the state of Washington to pay the
state’s share of costs for completion of state route 90 (state
route 5 to state route 405) and other related state highway
projects eligible for regular federal interstate funding and
until December 31, 1989, to temporarily pay the regular
federal share of construction of completion projects on state
route 90 (state route 5 to state route 405) and other related
state highway projects eligible for regular interstate funding
in advance of federal-aid apportionments under the provisions of 23 U.S.C. Secs. 115 or 122: PROVIDED, That the
total amount of bonds issued to temporarily pay the regular
federal share of construction of federal-aid interstate highways in advance of federal-aid apportionments as authorized
by this section and RCW 47.10.801 shall not exceed one
hundred twenty million dollars: PROVIDED FURTHER,
That the transportation commission shall consult with the
legislative transportation committee prior to the adoption of
plans for the obligation of federal-aid apportionments
received in federal fiscal year 1985 and subsequent years to
pay the regular federal share of federal-aid interstate highway construction projects or to convert such apportionments
under the provisions of 23 U.S.C. Secs. 115 or 122.
(2) The transportation commission, in consultation with
the legislative transportation committee, may at any time find
and determine that any amount of the bonds authorized in
[Title 47 RCW—page 56]
subsection (1) of this section, and not then sold, are no
longer required to be issued and sold for the purposes
described in subsection (1) of this section.
(3) Any bonds authorized by subsection (1) of this
section that the transportation commission determines are no
longer required for the purpose of paying the cost of the
designated interstate highway improvements described
therein shall be issued and sold, upon the request of the
Washington state transportation commission, to provide
funds for the location, design, right of way, and construction
of major transportation improvements throughout the state
that are identified as category C improvements in *RCW
47.05.030. [1985 c 406 § 1; 1982 c 19 § 3; 1981 c 316 §
10; 1979 ex.s. c 180 § 1.]
*Reviser’s note: RCW 47.05.030 was amended by 1993 c 490 § 3
and no longer defines highway projects or improvements.
Severability—1982 c 19: See note following RCW 47.10.801.
Severability—1981 c 316: See RCW 47.10.811.
47.10.791 Administration and amount of bond sales.
Upon request being made by the transportation commission,
the state finance committee shall supervise and provide for
the issuance, sale, and retirement of the bonds authorized by
RCW 47.10.790 in accordance with the provisions of chapter
39.42 RCW. The amount of such bonds issued and sold
under the provisions of RCW 47.10.790 through 47.10.798
in any biennium may not exceed the amount of a specific
appropriation therefor. Such bonds may be sold from time
to time in such amounts as may be necessary for the orderly
progress of the state highway improvements specified in
RCW 47.10.790. The bonds shall be sold in such manner,
at such time or times, in such amounts, and at such price or
prices as the state finance committee shall determine. The
state finance committee may obtain insurance, letters of
credit, or other credit facility devices with respect to the
bonds and may authorize the execution and delivery of
agreements, promissory notes, and other obligations for the
purpose of insuring the payment or enhancing the marketability of the bonds. Promissory notes or other obligations
issued under this section shall not constitute a debt or the
contracting of indebtedness under any constitutional or
statutory indebtedness limitation if their payment is conditioned upon the failure of the state to pay the principal of or
interest on the bonds with respect to which the promissory
notes or other obligations relate. The state finance committee may authorize the issuance of short-term obligations in
lieu of long-term obligations for the purposes of more
favorable interest rates, lower total interest costs, and
increased marketability and for the purposes of retiring the
bonds during the life of the project for which they were
issued. [1986 c 290 § 6; 1979 ex.s. c 180 § 2.]
47.10.792 Bond proceeds—Deposit and use. The
proceeds from the sale of the bonds authorized by RCW
47.10.790 shall be deposited in the motor vehicle fund and
such proceeds shall be available only for the purposes
enumerated in RCW 47.10.790, for the payment of bond
anticipation notes, if any, and for the payment of the expense
incurred in the drafting, printing, issuance, and sale of such
bonds. The costs of obtaining insurance, letters of credit, or
other credit enhancement devices with respect to the bonds
(2002 Ed.)
Highway Construction Bonds
shall be considered to be expenses incurred in the issuance
and sale of the bonds. [1986 c 290 § 7; 1979 ex.s. c 180 §
3.]
47.10.793 Statement of general obligation—Pledge
of excise taxes. Bonds issued under the provisions of RCW
47.10.790 shall distinctly state that they are a general
obligation of the state of Washington, shall pledge the full
faith and credit of the state to the payment of the principal
thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the
same shall become due. The principal of and interest on
such bonds shall be first payable in the manner provided in
RCW 47.10.790 through 47.10.798 from the proceeds of the
state excise taxes on motor vehicle and special fuels imposed
by chapters 82.36 and 82.38 RCW. Proceeds of such excise
taxes are hereby pledged to the payment of any bonds and
the interest thereon issued under the provisions of RCW
47.10.790 through 47.10.798, and the legislature hereby
agrees to continue to impose the same excise taxes on motor
vehicle and special fuels in amounts sufficient to pay, when
due, the principal and interest on all bonds issued under the
provisions of RCW 47.10.790 through 47.10.798. [1995 c
274 § 6; 1979 ex.s. c 180 § 4.]
47.10.794 Designation of funds to repay bonds and
interest. Any funds required to repay the bonds authorized
by RCW 47.10.790 or the interest thereon when due shall be
taken from that portion of the motor vehicle fund which results from the imposition of excise taxes on motor vehicle
and special fuels and which is distributed to the state for
expenditure pursuant to RCW 46.68.130 and shall never
constitute a charge against any allocations of such funds to
counties, cities, and towns unless and until the amount of the
motor vehicle fund arising from the excise taxes on motor
vehicle and special fuels and available for state highway
purposes proves insufficient to meet the requirements for
bond retirement or interest on any such bonds. [1979 ex.s.
c 180 § 5.]
47.10.795 Repayment procedure—Bond retirement
fund. At least one year prior to the date any interest is due
and payable on such bonds or before the maturity date of
such bonds, the state finance committee shall estimate,
subject to the provisions of RCW 47.10.794, the percentage
of the receipts in money of the motor vehicle fund resulting
from collection of excise taxes on motor vehicle and special
fuels, for each month of the year which shall be required to
meet interest or bond payments when due and shall notify
the treasurer of such estimated requirement. The state
treasurer shall thereafter from time to time each month as
such funds are paid into the motor vehicle fund, transfer
such percentage of the monthly receipts from excise taxes on
motor vehicle and special fuels of the motor vehicle fund to
the highway bond retirement fund heretofore created in the
state treasury, which funds shall be available solely for
payment of the principal of and interest on the bonds when
due. If in any month it shall appear that the estimated
percentage of moneys so made is insufficient to meet the
requirements for payment of the principal thereof or interest
thereon, the treasurer shall notify the state finance committee
(2002 Ed.)
47.10.792
forthwith, and such committee shall adjust its estimates so
that all requirements for the interest on and principal of all
bonds issued shall be fully met at all times. [1979 ex.s. c
180 § 6.]
47.10.796 Sums in excess of retirement requirements—Use. Whenever the percentage of the motor vehicle
fund arising from excise taxes on motor vehicle and special
fuels payable into the highway bond retirement fund shall
prove more than is required for the payment of interest on
bonds when due, or current retirement of bonds, any excess
may, in the discretion of the state finance committee, be
available for the prior redemption of any bonds pursuant to
applicable bond covenants or remain available in the fund to
reduce requirements upon the fuel excise tax portion of the
motor vehicle fund. [1979 ex.s. c 180 § 7.]
47.10.797 Bonds legal investment for state funds.
The bonds authorized in RCW 47.10.790 through 47.10.798
constitute a legal investment for all state funds or for funds
under state control and all funds of municipal corporations.
[1979 ex.s. c 180 § 8.]
47.10.798 Bonds equal charge against fuel tax
revenues. Except as otherwise provided by statute, general
obligation bonds issued under authority of legislation enacted
during the 45th session of the legislature and thereafter and
which pledge motor vehicle and special fuel excise taxes for
the payment of principal and interest thereon shall be an
equal charge against the revenues from such motor vehicle
and special fuel excise taxes. [1979 ex.s. c 180 § 9.]
47.10.799 Appropriation—Expenditure limited to
bond sale proceeds. There is hereby appropriated from the
motor vehicle fund to the department of transportation for
the biennium ending June 30, 1981, the sum of ten million
dollars, or so much thereof as may be necessary, to carry out
the provisions of RCW 47.10.790: PROVIDED, That the
money available for expenditure under this appropriation
may not exceed the amount of money derived from the sale
of ten million dollars of bonds authorized by RCW
47.10.790 and deposited to the credit of the motor vehicle
fund. [1979 ex.s. c 180 § 10.]
47.10.800 Severability—1979 ex.s. c 180. If any
provision of RCW 47.10.790 through 47.10.800 or its
application to any person or circumstance is held invalid, the
remainder of RCW 47.10.790 through 47.10.800 or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 180 § 12.]
INTERSTATE HIGHWAY, CATEGORY A,
CATEGORY C IMPROVEMENTS—1981 ACT
47.10.801 Issuance and sale of general obligation
bonds. (1) In order to provide funds necessary for the
location, design, right of way, and construction of selected
interstate and other state highway improvements, there shall
be issued and sold, subject to subsections (2), (3), and (4) of
this section, upon the request of the Washington state
[Title 47 RCW—page 57]
47.10.801
Title 47 RCW: Public Highways and Transportation
transportation commission a total of four hundred sixty
million dollars of general obligation bonds of the state of
Washington for the following purposes and specified sums:
(a) Not to exceed two hundred twenty-five million
dollars to pay the state’s share of costs for federal-aid
interstate highway improvements and until December 31,
1989, to temporarily pay the regular federal share of construction of federal-aid interstate highway improvements to
complete state routes 82, 90, 182, and 705 in advance of
federal-aid apportionments under the provisions of 23 U.S.C.
Secs. 115 or 122: PROVIDED, That the total amount of
bonds issued to temporarily pay the regular federal share of
construction of federal-aid interstate highways in advance of
federal-aid apportionments as authorized by this section and
RCW 47.10.790 shall not exceed one hundred twenty million
dollars: PROVIDED FURTHER, That the transportation
commission shall consult with the legislative transportation
committee prior to the adoption of plans for the obligation
of federal-aid apportionments received in federal fiscal year
1985 and subsequent years to pay the regular federal share
of federal-aid interstate highway construction projects or to
convert such apportionments under the provisions of 23
U.S.C. Secs. 115 or 122;
(b) Two hundred twenty-five million dollars for major
transportation improvements throughout the state that are
identified as category C improvements and for selected
major non-interstate construction and reconstruction projects
that are included as Category A Improvements in *RCW
47.05.030;
(c) Ten million dollars for state highway improvements
necessitated by planned economic development, as determined through the procedures set forth in RCW 43.160.074
and 47.01.280.
(2) The amount of bonds authorized in subsection (1)(a)
of this section shall be reduced if the transportation commission, in consultation with the legislative transportation
committee, determines that any of the bonds that have not
been sold are no longer required.
(3) The amount of bonds authorized in subsection (1)(b)
of this section shall be increased by an amount not to
exceed, and concurrent with, any reduction of bonds authorized under subsection (1)(a) of this section in the manner
prescribed in subsection (2) of this section.
(4) The transportation commission may decrease the
amount of bonds authorized in subsection (1)(c) of this
section and increase the amount of bonds authorized in
subsection (1)(a) or (b) of this section, or both by an amount
equal to the decrease in subsection (1)(c) of this section.
The transportation commission may decrease the amount of
bonds authorized in subsection (1)(c) of this section only if
the legislature appropriates an equal amount of funds from
the motor vehicle fund - basic account for the purposes
enumerated in subsection (1)(c) of this section. [1999 c 94
§ 13; 1994 c 173 § 1. Prior: 1985 c 433 § 7; 1985 c 406
§ 2; 1982 c 19 § 1; 1981 c 316 § 1.]
*Reviser’s note: RCW 47.05.030 was amended by 1993 c 490 § 3
and no longer defines categories of highway projects or improvements.
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Effective date—1994 c 173: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
[Title 47 RCW—page 58]
government and its existing public institutions, and shall take effect
immediately [March 30, 1994]." [1994 c 173 § 2.]
Nonseverability—1985 c 433: See note following RCW 43.160.074.
Severability—1982 c 19: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 19 § 5.]
47.10.802 Administration and amount of bond sales.
Upon request being made by the transportation commission,
the state finance committee shall supervise and provide for
the issuance, sale, and retirement of the bonds authorized by
RCW 47.10.801 in accordance with chapter 39.42 RCW.
The amount of such bonds issued and sold under RCW
47.10.801 through 47.10.809 in any biennium may not
exceed the amount of a specific appropriation therefor. Such
bonds may be sold from time to time in such amounts as
may be necessary for the orderly progress of the state
highway improvements specified in RCW 47.10.801. The
amount of bonds issued and sold under RCW
47.10.801(1)(a) in any biennium shall not, except as provided in that section, exceed the amount required to match
federal-aid interstate funds available to the state of Washington. The transportation commission shall give notice of its
intent to sell bonds to the legislative transportation committee before requesting the state finance committee to issue
and sell bonds authorized by RCW 47.10.801(1)(a). The
bonds shall be sold in such manner, at such time or times, in
such amounts, and at such price or prices as the state finance
committee shall determine. The state finance committee
may obtain insurance, letters of credit, or other credit facility
devices with respect to the bonds and may authorize the
execution and delivery of agreements, promissory notes, and
other obligations for the purpose of insuring the payment or
enhancing the marketability of the bonds. Promissory notes
or other obligations issued under this section shall not
constitute a debt or the contracting of indebtedness under
any constitutional or statutory indebtedness limitation if their
payment is conditioned upon the failure of the state to pay
the principal of or interest on the bonds with respect to
which the promissory notes or other obligations relate. The
state finance committee may authorize the issuance of shortterm obligations in lieu of long-term obligations for the
purposes of more favorable interest rates, lower total interest
costs, and increased marketability and for the purposes of
retiring the bonds during the life of the project for which
they were issued. [1986 c 290 § 1; 1983 1st ex.s. c 53 § 23;
1982 c 19 § 2; 1981 c 316 § 2.]
Severability—1983 1st ex.s. c 53: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 1st ex.s. c 53 § 36.]
Severability—1982 c 19: See note following RCW 47.10.801.
47.10.803 Bond proceeds—Deposit and use. The
proceeds from the sale of the bonds authorized by RCW
47.10.801(1) shall be deposited in the motor vehicle fund.
All such proceeds shall be available only for the purposes
enumerated in RCW 47.10.801, for the payment of bond
anticipation notes, if any, and for the payment of the expense
incurred in the drafting, printing, issuance, and sale of such
bonds. The costs of obtaining insurance, letters of credit, or
(2002 Ed.)
Highway Construction Bonds
other credit enhancement devices with respect to the bonds
shall be considered to be expenses incurred in the issuance
and sale of the bonds. [1999 c 94 § 14; 1986 c 290 § 2;
1985 c 433 § 8; 1981 c 316 § 3.]
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Nonseverability—1985 c 433: See note following RCW 43.160.074.
47.10.804 Statement of general obligation—Pledge
of excise taxes. Bonds issued under RCW 47.10.801 shall
distinctly state that they are a general obligation of the state
of Washington, shall pledge the full faith and credit of the
state to the payment of the principal thereof and the interest
thereon, and shall contain an unconditional promise to pay
such principal and interest as the same shall become due.
The principal of and interest on such bonds shall be first
payable in the manner provided in RCW 47.10.801 through
47.10.809 from the proceeds of the state excise taxes on
motor vehicle and special fuels imposed by chapters 82.36
and 82.38 RCW. Proceeds of such excise taxes are hereby
pledged to the payment of any bonds and the interest thereon
issued under RCW 47.10.801 through 47.10.809, and the
legislature hereby agrees to continue to impose these excise
taxes on motor vehicle and special fuels in amounts sufficient to pay, when due, the principal and interest on all
bonds issued under RCW 47.10.801 through 47.10.809.
[1995 c 274 § 7; 1981 c 316 § 4.]
47.10.805 Designation of funds to repay bonds and
interest. Any funds required to repay the bonds authorized
by RCW 47.10.801 or the interest thereon when due shall be
taken from that portion of the motor vehicle fund which results from the imposition of excise taxes on motor vehicle
and special fuels and which is distributed to the state for
expenditure pursuant to RCW 46.68.130 and shall never
constitute a charge against any allocations of such funds to
counties, cities, and towns unless the amount of the motor
vehicle fund arising from the excise taxes on motor vehicle
and special fuels and available for state highway purposes
proves insufficient to meet the requirements for bond
retirement or interest on any such bonds. [1981 c 316 § 5.]
47.10.806 Repayment procedure—Bond retirement
fund. At least one year prior to the date any interest is due
and payable on such bonds or before the maturity date of
such bonds, the state finance committee shall estimate,
subject to RCW 47.10.805, the percentage of the receipts in
money of the motor vehicle fund resulting from collection of
excise taxes on motor vehicle and special fuels, for each
month of the year which shall be required to meet interest or
bond payments when due and shall notify the treasurer of
such estimated requirement. The state treasurer shall
thereafter from time to time each month as such funds are
paid into the motor vehicle fund, transfer such percentage of
the monthly receipts from excise taxes on motor vehicle and
special fuels of the motor vehicle fund to the highway bond
retirement fund heretofore created in the state treasury,
which funds shall be available solely for payment of the
principal of and interest on the bonds when due. If in any
month it shall appear that the estimated percentage of
moneys so made is insufficient to meet the requirements for
(2002 Ed.)
47.10.803
payment of the principal thereof or interest thereon, the
treasurer shall notify the state finance committee forthwith,
and the committee shall adjust its estimates so that all
requirements for the interest on and principal of all bonds
issued shall be fully met at all times. [1981 c 316 § 6.]
47.10.807 Sums in excess of retirement requirements—Use. Whenever the percentage of the motor vehicle
fund arising from excise taxes on motor vehicle and special
fuels payable into the highway bond retirement fund shall
prove more than is required for the payment of interest on
bonds when due, or current retirement bonds, any excess
may, in the discretion of the state finance committee, be
available for the prior redemption of any bonds or remain
available in the fund to reduce requirements upon the fuel
excise tax portion of the motor vehicle fund at the next
interest or bond payment period. [1981 c 316 § 7.]
47.10.808 Bonds legal investment for state funds.
The bonds authorized in RCW 47.10.801 through 47.10.809
constitute a legal investment for all state funds or for funds
under state control and all funds of municipal corporations.
[1981 c 316 § 8.]
47.10.809 Bonds equal charge against fuel tax
revenues. Bonds issued under authority of RCW 47.10.801
through 47.10.809 and any subsequent general obligation
bonds of the state of Washington which may be authorized
and which pledge motor vehicle and special fuel excise taxes
for the payment of principal and interest thereon shall be an
equal charge against the revenues from such motor vehicle
and special fuel excise taxes. [1981 c 316 § 9.]
47.10.811 Severability—1981 c 316. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1981 c 316 § 13.]
CATEGORY C IMPROVEMENTS—1993 ACT
47.10.812 Issuance and sale of general obligation
bonds. In order to provide funds necessary for the location,
design, right of way, and construction of state highway
improvements that are identified as special category C improvements, there shall be issued and sold upon the request
of the Washington state transportation commission a total of
three hundred thirty million dollars of general obligation
bonds of the state of Washington. [1999 sp.s. c 2 § 1; 1993
c 431 § 1.]
47.10.813 Administration and amount of sale. Upon
the request of the transportation commission, the state
finance committee shall supervise and provide for the issuance, sale, and retirement of the bonds authorized by RCW
47.10.812 through 47.10.817 in accordance with chapter
39.42 RCW. Bonds authorized by RCW 47.10.812 through
47.10.817 shall be sold in such manner, at such time or
times, in such amounts, and at such price as the state finance
committee shall determine. No such bonds may be offered
[Title 47 RCW—page 59]
47.10.813
Title 47 RCW: Public Highways and Transportation
for sale without prior legislative appropriation of the net
proceeds of the sale of the bonds.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the
purpose of retiring the bonds during the life of the project
for which they were issued. [1993 c 431 § 2.]
47.10.814 Proceeds—Deposit and use. The proceeds
from the sale of bonds authorized by RCW 47.10.812
through 47.10.817 shall be deposited in the special category
C account in the motor vehicle fund. The proceeds shall be
available only for the purposes enumerated in RCW
47.10.812, for the payment of bond anticipation notes, if any,
and for the payment of bond issuance costs, including the
costs of underwriting. [1993 c 431 § 3.]
47.10.815 Statement of general obligation—Pledge
of excise taxes. Bonds issued under the authority of RCW
47.10.812 through 47.10.817 shall distinctly state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall
contain an unconditional promise to pay such principal and
interest as the same shall become due. The principal and
interest on the bonds shall be first payable in the manner
provided in RCW 47.10.812 through 47.10.817 from the
proceeds of the state excise taxes on motor vehicle and
special fuels imposed by chapters 82.36 and 82.38 RCW.
Proceeds of such excise taxes are hereby pledged to the
payment of any bonds and the interest thereon issued under
the authority of RCW 47.10.812 through 47.10.817, and the
legislature agrees to continue to impose these excise taxes on
motor vehicle and special fuels in amounts sufficient to pay,
when due, the principal and interest on all bonds issued
under the authority of RCW 47.10.812 through 47.10.817.
[1995 c 274 § 8; 1993 c 431 § 4.]
47.10.816 Designation of funds to repay bonds and
interest. Both principal and interest on the bonds issued for
the purposes of RCW 47.10.812 through 47.10.817 shall be
payable from the highway bond retirement fund. The state
finance committee may provide that a special account be
created in the fund to facilitate payment of the principal and
interest. The state finance committee shall, on or before
June 30th of each year, certify to the state treasurer the
amount required for principal and interest on the bonds in
accordance with the bond proceedings. The state treasurer
shall withdraw revenues from the special category C account
in the motor vehicle fund and deposit in the highway bond
retirement fund, or a special account in the fund, such
amounts, and at such times, as are required by the bond
proceedings.
Any funds required for bond retirement or interest on
the bonds authorized by RCW 47.10.812 through 47.10.817
shall be taken from that portion of the motor vehicle fund
that results from the imposition of excise taxes on motor
vehicle and special fuels and that is distributed to the special
category C account in the motor vehicle fund. Funds
required shall never constitute a charge against any other
[Title 47 RCW—page 60]
allocations of motor vehicle fuel and special fuel tax
revenues to the state, counties, cities and towns unless the
amount arising from excise taxes on motor vehicle and
special fuels distributed to the special category C account
proves insufficient to meet the requirements for bond
retirement or interest on any such bonds.
Any payments for bond retirement or interest on the
bonds taken from other revenues from the motor vehicle fuel
or special fuel taxes that are distributable to the state,
counties, cities and towns, shall be repaid from the first
revenues from the motor vehicle fuel or special fuel taxes
distributed to the special category C account not required for
bond retirement or interest on the bonds. [1993 c 431 § 5.]
47.10.817 Equal charge against fuel tax revenues.
Bonds issued under the authority of RCW 47.10.812 through
47.10.816 and this section and any other general obligation
bonds of the state of Washington that have been or that may
be authorized and that pledge motor vehicle and special fuels
excise taxes for the payment of principal and interest thereon
shall be an equal charge against the revenues from such
motor vehicle and special fuels excise taxes. [1993 c 431 §
6.]
47.10.818 Severability—1993 c 431. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1993 c 431 § 8.]
INTERSTATE, OTHER HIGHWAY
IMPROVEMENTS—1993 ACT
47.10.819 Issuance and sale of general obligation
bonds. In order to provide funds necessary for the location,
design, right of way, and construction of selected interstate
and other highway improvements, there shall be issued and
sold upon the request of the Washington state transportation
commission a total of one hundred million dollars of general
obligation bonds of the state of Washington for the following
purposes and specified sums:
(1) Not to exceed twenty-five million dollars to pay the
state’s and local governments’ share of matching funds for
the ten demonstration projects identified in the Intermodal
Surface Transportation Efficiency Act of 1991.
(2) Not to exceed fifty million dollars to temporarily
pay the regular federal share of construction in advance of
federal-aid apportionments as authorized by this section.
(3) Not to exceed twenty-five million dollars for loans
to local governments to provide the required matching funds
to take advantage of available federal funds. These loans
shall be on such terms and conditions as determined by the
Washington state transportation commission, but in no event
may the loans be for a period of more than ten years. The
interest rate on the loans authorized under this subsection
shall be equal to the interest rate on the bonds sold for such
purposes. [1993 c 432 § 1.]
47.10.820 Administration and amount of sale. Upon
the request of the transportation commission, the state
finance committee shall supervise and provide for the issu(2002 Ed.)
Highway Construction Bonds
ance, sale, and retirement of the bonds authorized by RCW
47.10.819 through 47.10.824 in accordance with chapter
39.42 RCW. Bonds authorized by RCW 47.10.819 through
47.10.824 shall be sold in such manner, at such time or
times, in such amounts, and at such price as the state finance
committee shall determine. No such bonds may be offered
for sale without prior legislative appropriation of the net
proceeds of the sale of the bonds.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the
purpose of retiring the bonds during the life of the project
for which they were issued. [1993 c 432 § 2.]
47.10.821 Proceeds—Deposit and use. The proceeds
from the sale of bonds authorized by RCW 47.10.819
through 47.10.824 shall be deposited in the motor vehicle
fund. The proceeds shall be available only for the purposes
enumerated in RCW 47.10.819, for the payment of bond
anticipation notes, if any, and for the payment of bond
issuance costs, including the costs of underwriting. [1993 c
432 § 3.]
47.10.822 Statement of general obligation—Pledge
of excise taxes. Bonds issued under the authority of RCW
47.10.819 through 47.10.824 shall distinctly state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall
contain an unconditional promise to pay such principal and
interest as the same shall become due. The principal and
interest on the bonds shall be first payable in the manner
provided in RCW 47.10.819 through 47.10.824 from the
proceeds of the state excise taxes on motor vehicle and
special fuels imposed by chapters 82.36 and 82.38 RCW.
Proceeds of such excise taxes are hereby pledged to the
payment of any bonds and the interest thereon issued under
the authority of RCW 47.10.819 through 47.10.824, and the
legislature agrees to continue to impose these excise taxes on
motor vehicle and special fuels in amounts sufficient to pay,
when due, the principal and interest on all bonds issued
under the authority of RCW 47.10.819 through 47.10.824.
[1995 c 274 § 9; 1993 c 432 § 4.]
47.10.823 Designation of funds to repay bonds and
interest. Both principal and interest on the bonds issued for
the purposes of RCW 47.10.819 through 47.10.824 shall be
payable from the highway bond retirement fund. The state
finance committee may provide that a special account be
created in the fund to facilitate payment of the principal and
interest. The state finance committee shall, on or before
June 30th of each year, certify to the state treasurer the
amount required for principal and interest on the bonds in
accordance with the bond proceedings. The state treasurer
shall withdraw revenues from the motor vehicle fund and
deposit in the highway bond retirement fund, or a special
account in the fund, such amounts, and at such times, as are
required by the bond proceedings.
Any funds required for bond retirement or interest on
the bonds authorized by RCW 47.10.819 through 47.10.824
(2002 Ed.)
47.10.820
shall be taken from that portion of the motor vehicle fund
that results from the imposition of excise taxes on motor
vehicle and special fuels and which is, or may be appropriated to the department of transportation for state highway
purposes. Funds required shall never constitute a charge
against any other allocations of motor vehicle fuel and
special fuel tax revenues to the state, counties, cities, and
towns unless the amount arising from excise taxes on motor
vehicle and special fuels distributed to the state in the motor
vehicle fund proves insufficient to meet the requirements for
bond retirement or interest on any such bonds.
Any payments for bond retirement or interest on the
bonds taken from other revenues from the motor vehicle fuel
or special fuel taxes that are distributed to the state, counties,
cities, and towns, shall be repaid from the first revenues
from the motor vehicle fuel or special fuel taxes distributed
to the motor vehicle fund not required for bond retirement or
interest on the bonds. [1993 c 432 § 5.]
47.10.824 Equal charge against fuel tax revenues.
Bonds issued under the authority of RCW 47.10.819 through
47.10.823 and this section and any other general obligation
bonds of the state of Washington that have been or that may
be authorized and that pledge motor vehicle and special fuels
excise taxes for the payment of principal and interest thereon
shall be an equal charge against the revenues from such
motor vehicle and special fuels excise taxes. [1993 c 432 §
6.]
47.10.825 Severability—1993 c 432. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1993 c 432 § 8.]
PUBLIC-PRIVATE TRANSPORTATION
INITIATIVES—1994 ACT
47.10.834 Issuance and sale of general obligation
bonds. In order to provide funds necessary to implement
the public-private transportation initiatives authorized by
chapter 47.46 RCW, there shall be issued and sold upon the
request of the Washington state transportation commission a
total of twenty-five million six hundred twenty-five thousand
dollars of general obligation bonds of the state of Washington. [1995 2nd sp.s. c 15 § 2; 1994 c 183 § 2.]
Severability—1995 2nd sp.s. c 15: "If any provision of this act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1995 2nd sp.s. c 15 § 9.]
Effective date—1995 2nd sp.s. c 15: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
immediately [June 16, 1995]." [1995 2nd sp.s. c 15 § 10.]
Finding—1994 c 183: "The legislature finds and declares:
Successful implementation of the public-private transportation
initiatives program authorized in chapter 47.46 RCW may require the
financial participation of the state in projects authorized in that chapter.
The participation may take the form of loans, loan guarantees, user
charge guarantees, including incidental costs incurred by the department in
direct support of activities required under chapter 47.46 RCW, or such other
cash contribution arrangements as may improve the ability of the private
entities sponsoring the projects to obtain financing.
[Title 47 RCW—page 61]
47.10.834
Title 47 RCW: Public Highways and Transportation
It is in the best interests of the people of the state that state funding
of possible financial participation in the projects authorized under chapter
47.46 RCW be in the form of long-term bonds. In order to repay expenditures incurred in the 1993-1995 biennium, up to two million two hundred
thousand dollars of these bonds may be expended on highway improvement
projects, under chapter 47.05 RCW." [1995 2nd sp.s. c 15 § 1; 1994 c 183
§ 1.]
47.10.835 Administration and amount of sale. Upon
the request of the transportation commission, the state
finance committee shall supervise and provide for the issuance, sale, and retirement of the bonds authorized by RCW
47.10.834 through 47.10.841 in accordance with chapter
39.42 RCW. Bonds authorized by RCW 47.10.834 through
47.10.841 shall be sold in such manner, at such time or
times, in such amounts, and at such price as the state finance
committee shall determine. No such bonds may be offered
for sale without prior legislative appropriation of the net
proceeds of the sale of the bonds. In making such appropriation of the net proceeds of the sale of the bonds, the
legislature shall specify what portion of the appropriation is
provided for possible loans and what portion of the appropriation is provided for other forms of cash contributions to
projects.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the
purpose of retiring the bonds during the life of the project
for which they were issued. [1994 c 183 § 3.]
47.10.836 Proceeds—Deposit and use. (1) The
proceeds from the sale of bonds authorized by RCW
47.10.834 through 47.10.841 that are in support of possible
loans as specified under RCW 47.10.835 shall be deposited
into the motor vehicle fund. The proceeds shall be available
only for the purposes of making loans to entities authorized
to undertake projects selected under chapter 47.46 RCW as
enumerated in RCW 47.10.835, including incidental costs
incurred by the department in direct support of activities required under chapter 47.46 RCW, for the payment of bond
anticipation notes, if any, and for the payment of bond
issuance costs, including the costs of underwriting.
(2) The proceeds from the sale of bonds authorized by
RCW 47.10.834 through 47.10.841 that are in support of all
forms of cash contributions to projects selected under chapter
47.46 RCW, including incidental costs incurred by the
department in direct support of activities required under
chapter 47.46 RCW, except loans shall be deposited into the
motor vehicle fund. The proceeds shall be available only for
the purposes of making any contributions except loans to
projects selected under chapter 47.46 RCW, for the payment
of bond anticipation notes, if any, and for the payment of
bond issuance costs, including the costs of underwriting.
(3) Up to two million two hundred thousand dollars of
the proceeds from the sale of bonds authorized by RCW
47.10.834 through 47.10.841 may be expended on highway
improvement projects under chapter 47.05 RCW and for the
payment of bond issuance cost, including the cost of underwriting. Such proceeds shall be deposited into the motor
vehicle fund. [1995 2nd sp.s. c 15 § 3; 1994 c 183 § 4.]
47.10.837 Designation of funds to repay bonds and
interest. Principal and interest payments made on loans
authorized by chapter 47.46 RCW shall be deposited into the
motor vehicle fund and shall be available for the payment of
principal and interest on bonds authorized by RCW
47.10.834 through 47.10.841 and for such other purposes as
may be specified by law. [1995 2nd sp.s. c 15 § 4; 1994 c
183 § 5.]
Severability—Effective date—1995 2nd sp.s. c 15: See notes
following RCW 47.10.834.
47.10.838 Statement of general obligation—Pledge
of excise taxes. (1) Bonds issued under the authority of
RCW 47.10.834 through 47.10.841 shall distinctly state that
they are a general obligation of the state of Washington,
shall pledge the full faith and credit of the state to the
payment of the principal thereof and the interest thereon, and
shall contain an unconditional promise to pay such principal
and interest as the same shall become due.
(2) The principal and interest on the bonds issued for
the purposes enumerated in RCW 47.10.836 shall be first
payable in the manner provided in RCW 47.10.834 through
47.10.841 from the proceeds of the state excise taxes on
motor vehicle and special fuels imposed by chapters 82.36
and 82.38 RCW. Proceeds of those excise taxes are pledged
to the payment of any bonds and the interest thereon issued
under the authority of RCW 47.10.834 through 47.10.841,
and the legislature agrees to continue to impose these excise
taxes on motor vehicle and special fuels in amounts sufficient to pay, when due, the principal and interest on all
bonds issued under the authority of RCW 47.10.834 through
47.10.841. [1995 2nd sp.s. c 15 § 5; 1994 c 183 § 6.]
Severability—Effective date—1995 2nd sp.s. c 15: See notes
following RCW 47.10.834.
47.10.839 Repayment procedure—Bond retirement
fund. (1) Both principal and interest on the bonds issued for
the purposes of RCW 47.10.834 through 47.10.841 are
payable from the highway bond retirement fund.
(2) The state finance committee shall, on or before June
30th of each year certify to the state treasurer the amount
required for principal and interest on the bonds issued for the
purposes specified in RCW 47.10.836 in accordance with the
bond proceedings. The state treasurer shall withdraw
revenues from the motor vehicle fund and deposit into the
highway bond retirement fund such amounts, and at such
times, as are required by the bond proceedings.
(3) Any funds required for bond retirement or interest
on the bonds authorized by RCW 47.10.834 through
47.10.841 shall be taken from that portion of the motor
vehicle fund that results from the imposition of excise taxes
on motor vehicle and special fuels which is, or may be
appropriated to the department of transportation for state
highway purposes. Funds required shall never constitute a
charge against any other allocations of motor vehicle fuel
and special fuel tax revenues to the state, counties, cities, or
towns unless the amount arising from excise taxes on motor
vehicle and special fuels distributed to the state in the motor
vehicle fund proves insufficient to meet the requirements for
bond retirement or interest on any such bonds.
Severability—Effective date—1995 2nd sp.s. c 15: See notes
following RCW 47.10.834.
[Title 47 RCW—page 62]
(2002 Ed.)
Highway Construction Bonds
(4) Any payments for bond retirement or interest on the
bonds taken from other revenues from the motor vehicle fuel
and special fuel taxes that are distributable to the state,
counties, cities, or towns shall be repaid from the first
revenues from the motor vehicle fuel or special fuel taxes
distributed to the motor vehicle fund not required for bond
retirement or interest on the bonds. [1995 2nd sp.s. c 15 §
6; 1994 c 183 § 7.]
47.10.839
interest costs, and increased marketability and for the
purpose of retiring the bonds during the life of the project
for which they were issued. [1998 c 321 § 17 (Referendum
Bill No. 49, approved November 3, 1998).]
Severability—Effective date—1995 2nd sp.s. c 15: See notes
following RCW 47.10.834.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note
following RCW 82.14.045.
47.10.841 Equal charge against motor vehicle excise
tax revenues. Bonds issued under the authority of RCW
47.10.834 through 47.10.839 and this section and any other
general obligation bonds of the state of Washington that
have been or that may be authorized and that pledge motor
vehicle and special fuels taxes for the payment of principal
and interest thereon are an equal charge against the revenues
from the motor vehicle and special fuels excise taxes. [1995
2nd sp.s. c 15 § 7; 1994 c 183 § 9.]
47.10.845 Proceeds—Deposit and use. The proceeds
from the sale of bonds authorized by RCW 47.10.843
through 47.10.848 shall be deposited in the motor vehicle
fund. The proceeds shall be available only for the purposes
enumerated in RCW 47.10.843, for the payment of bond
anticipation notes, if any, and for the payment of bond
issuance costs, including the costs of underwriting. [1998 c
321 § 18 (Referendum Bill No. 49, approved November 3,
1998).]
Severability—Effective date—1995 2nd sp.s. c 15: See notes
following RCW 47.10.834.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note
following RCW 82.14.045.
47.10.842 Severability—1994 c 183. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1994 c 183 § 11.]
STATE AND LOCAL HIGHWAY IMPROVEMENTS—
1998 ACT
47.10.843 Bond issue authorized. In order to provide
funds necessary for the location, design, right of way, and
construction of state and local highway improvements, there
shall be issued and sold upon the request of the Washington
state transportation commission a maximum of one billion
nine hundred million dollars of general obligation bonds of
the state of Washington. [1998 c 321 § 16 (Referendum Bill
No. 49, approved November 3, 1998).]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note
following RCW 82.14.045.
47.10.844 Administration and amount of sale. Upon
the request of the transportation commission, the state
finance committee shall supervise and provide for the issuance, sale, and retirement of the bonds authorized by RCW
47.10.843 through 47.10.848 in accordance with chapter
39.42 RCW. Bonds authorized by RCW 47.10.843 through
47.10.848 shall be sold in such manner, at such time or
times, in such amounts, and at such price as the state finance
committee shall determine. No such bonds may be offered
for sale without prior legislative appropriation of the net
proceeds of the sale of the bonds.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
(2002 Ed.)
47.10.846 Statement of general obligation—Pledge
of excise taxes. Bonds issued under the authority of RCW
47.10.843 through 47.10.848 shall distinctly state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall
contain an unconditional promise to pay such principal and
interest as the same shall become due. The principal and
interest on the bonds shall be first payable in the manner
provided in RCW 47.10.843 through 47.10.848 from the
proceeds of the state excise taxes on motor vehicle and
special fuels imposed by chapters 82.36 and 82.38 RCW.
Proceeds of such excise taxes are hereby pledged to the
payment of any bonds and the interest thereon issued under
the authority of RCW 47.10.843 through 47.10.848, and the
legislature agrees to continue to impose these excise taxes on
motor vehicle and special fuels in amounts sufficient to pay,
when due, the principal and interest on all bonds issued
under the authority of RCW 47.10.843 through 47.10.848.
[1998 c 321 § 19 (Referendum Bill No. 49, approved November 3, 1998).]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note
following RCW 82.14.045.
47.10.847 Repayment procedure—Bond retirement
fund. Both principal and interest on the bonds issued for
the purposes of RCW 47.10.843 through 47.10.848 shall be
payable from the highway bond retirement fund. The state
finance committee may provide that a special account be
created in the fund to facilitate payment of the principal and
interest. The state finance committee shall, on or before
[Title 47 RCW—page 63]
47.10.847
Title 47 RCW: Public Highways and Transportation
June 30th of each year, certify to the state treasurer the
amount required for principal and interest on the bonds in
accordance with the bond proceedings. The state treasurer
shall withdraw revenues from the motor vehicle fund and
deposit in the highway bond retirement fund, or a special
account in the fund, such amounts, and at such times, as are
required by the bond proceedings.
Any funds required for bond retirement or interest on
the bonds authorized by RCW 47.10.843 through 47.10.848
shall be taken from that portion of the motor vehicle fund
that results from the imposition of excise taxes on motor
vehicle and special fuels and which is, or may be, appropriated to the department of transportation for state highway
purposes. Funds required shall never constitute a charge
against any other allocations of motor vehicle fuel and
special fuel tax revenues to the state, counties, cities and
towns unless the amount arising from excise taxes on motor
vehicle and special fuels distributed to the state in the motor
vehicle fund proves insufficient to meet the requirements for
bond retirement or interest on any such bonds.
Any payments for bond retirement or interest on the
bonds taken from other revenues from the motor vehicle fuel
or special fuel taxes that are distributable to the state,
counties, cities, and towns, shall be repaid from the first
revenues from the motor vehicle fuel or special fuel taxes
distributed to the motor vehicle fund not required for bond
retirement or interest on the bonds. [1998 c 321 § 20
(Referendum Bill No. 49, approved November 3, 1998).]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note
following RCW 82.14.045.
47.10.848 Equal charge against motor vehicle and
special fuels tax revenues. Bonds issued under the authority of RCW 47.10.843 through 47.10.847 and this section and
any other general obligation bonds of the state of Washington that have been or that may be authorized and that pledge
motor vehicle and special fuels excise taxes for the payment
of principal and interest thereon shall be an equal charge
against the revenues from such motor vehicle and special
fuels excise taxes. [1998 c 321 § 21 (Referendum Bill No.
49, approved November 3, 1998).]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note
following RCW 82.14.045.
STATE AND LOCAL HIGHWAY IMPROVEMENTS—
2002 ACT
47.10.849 Bond issue authorized. (Effective December 30, 2002, if Referendum Bill No. 51 is approved at the
November 2002 general election.) In order to provide funds
necessary for the location, design, right of way, and construction of selected state and local highway improvements,
there shall be issued and sold upon the request of the
transportation commission a total of four billion five hundred
[Title 47 RCW—page 64]
million dollars of general obligation bonds of the state of
Washington. [2002 c 202 § 501.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
47.10.850 Administration and amount of sale.
(Effective December 30, 2002, if Referendum Bill No. 51
is approved at the November 2002 general election.) Upon
the request of the transportation commission, as appropriate,
the state finance committee shall supervise and provide for
the issuance, sale, and retirement of the bonds authorized by
RCW 46.68.090 in accordance with chapter 39.42 RCW.
Bonds authorized by RCW 47.10.849 shall be sold in the
manner, at time or times, in amounts, and at the price as the
state finance committee shall determine. No bonds may be
offered for sale without prior legislative appropriation of the
net proceeds of the sale of the bonds.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the
purpose of retiring the bonds during the life of the project
for which they were issued. [2002 c 202 § 502.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
47.10.851 Proceeds—Deposit and use. (Effective
December 30, 2002, if Referendum Bill No. 51 is approved
at the November 2002 general election.) The proceeds from
the sale of bonds authorized by RCW 47.10.849 shall be
deposited in the motor vehicle fund. The proceeds shall be
available only for the purposes enumerated in RCW
47.10.849, for the payment of bond anticipation notes, if any,
and for the payment of bond issuance costs, including the
costs of underwriting. [2002 c 202 § 503.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
47.10.852 Statement of general obligation—Pledge
of excise taxes. (Effective December 30, 2002, if Referendum Bill No. 51 is approved at the November 2002 general
election.) Bonds issued under the authority of RCW
47.10.849 shall distinctly state that they are a general
obligation of the state of Washington, shall pledge the full
faith and credit of the state to the payment of the principal
thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the
same shall become due. The principal and interest on the
bonds shall be first payable from the proceeds of the state
excise taxes on motor vehicle and special fuels imposed by
(2002 Ed.)
Highway Construction Bonds
chapters 82.36 and 82.38 RCW. Proceeds of these excise
taxes are hereby pledged to the payment of any bonds and
the interest thereon issued under the authority of RCW
47.10.849 through 47.10.854, and the legislature agrees to
continue to impose these excise taxes on motor vehicle and
special fuels in amounts sufficient to pay, when due, the
principal and interest on all bonds issued under the authority
of RCW 47.10.849. [2002 c 202 § 504.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
47.10.852
RCW 47.10.849 and this section and any other general
obligation bonds of the state of Washington that have been
or that may be authorized and that pledge motor vehicle and
special fuels excise taxes for the payment of principal and
interest thereon shall be an equal charge against the revenues
from such motor vehicle and special fuels excise taxes.
[2002 c 202 § 506.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
RAIL AND PASSENGER-ONLY FERRIES—2002 ACT
47.10.853 Repayment procedure—Bond retirement
fund. (Effective December 30, 2002, if Referendum Bill
No. 51 is approved at the November 2002 general election.)
Both principal and interest on the bonds issued for the
purposes of RCW 47.10.849 shall be payable from the
highway bond retirement fund. The state finance committee
may provide that a special account be created in the fund to
facilitate payment of the principal and interest. The state
finance committee shall, on or before June 30th of each year,
certify to the state treasurer the amount required for principal
and interest on the bonds in accordance with the bond proceedings. The state treasurer shall withdraw revenues from
the motor vehicle fund and deposit in the highway bond
retirement fund, or a special account in the fund, such
amounts, and at such times, as are required by the bond
proceedings.
Any funds required for bond retirement or interest on
the bonds authorized by RCW 47.10.849 shall be taken from
that portion of the motor vehicle fund that results from the
imposition of excise taxes on motor vehicle and special fuels
and which is, or may be, appropriated to the department of
transportation for state highway purposes. Funds required
shall never constitute a charge against any other allocations
of motor vehicle fuel and special fuel tax revenues to the
state, counties, cities, and towns unless the amount arising
from excise taxes on motor vehicle and special fuels distributed to the state in the motor vehicle fund proves insufficient
to meet the requirements for bond retirement or interest on
any such bonds.
Any payments for bond retirement or interest on the
bonds taken from other revenues from the motor vehicle fuel
or special fuel taxes that are distributable to the state,
counties, cities, and towns shall be repaid from the first
revenues from the motor vehicle fuel or special fuel taxes
distributed to the motor vehicle fund not required for bond
retirement or interest on the bonds. [2002 c 202 § 505.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
47.10.854 Equal charge against motor vehicle and
special fuels tax revenues. (Effective December 30, 2002,
if Referendum Bill No. 51 is approved at the November
2002 general election.) Bonds issued under the authority of
(2002 Ed.)
47.10.855 Bond issue authorized—Appropriation of
proceeds. (Effective December 30, 2002, if Referendum
Bill No. 51 is approved at the November 2002 general election.) For the purpose of providing funds for the planning,
design, construction, reconstruction, and other necessary
costs for transportation projects, including rail and passenger-only ferry projects, the state finance committee is authorized to issue general obligation bonds of the state of
Washington in the sum of one hundred million dollars, or as
much thereof as may be required, to finance these projects
and all costs incidental thereto. Bonds authorized in this
section may be sold at such price as the state finance
committee shall determine. No bonds authorized in this
section may be offered for sale without prior legislative
appropriation of the net proceeds of the sale of the bonds.
[2002 c 202 § 507.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
47.10.856 Proceeds—Deposit and use. (Effective
December 30, 2002, if Referendum Bill No. 51 is approved
at the November 202 general election.) The proceeds of the
sale of the bonds authorized in RCW 47.10.855 must be
deposited in the multimodal transportation account and must
be used exclusively for the purposes specified in RCW
47.10.855 and for the payment of expenses incurred in the
issuance and sale of the bonds. [2002 c 202 § 508.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
47.10.857 Repayment procedure. (Effective December 30, 2002, if Referendum Bill No. 51 is approved at the
November 2002 general election.) (1) The nondebt-limit
reimbursable bond retirement account must be used for the
payment of the principal and interest on the bonds authorized
in RCW 47.10.855.
(2)(a) The state finance committee must, on or before
June 30th of each year, certify to the state treasurer the
[Title 47 RCW—page 65]
47.10.857
Title 47 RCW: Public Highways and Transportation
amount needed in the ensuing twelve months to meet the
bond retirement and interest requirements on the bonds
authorized in RCW 47.10.855.
(b) On or before the date on which any interest or
principal and interest is due, the state treasurer shall transfer
from the multimodal transportation account for deposit into
the nondebt-limit reimbursable bond retirement account the
amount computed in (a) of this subsection for bonds issued
for the purposes of RCW 47.10.855.
(3) If the multimodal transportation account has insufficient revenues to pay the principal and interest computed in
subsection (2)(a) of this section, then the debt-limit reimbursable bond retirement account must be used for the
payment of the principal and interest on the bonds authorized
in RCW 47.10.855 from any additional means provided by
the legislature.
(4) If at any time the multimodal transportation account
has insufficient revenues to repay the bonds, the legislature
may provide additional means for the payment of the bonds.
[2002 c 202 § 509.]
47.10.860 Legal investment. (Effective December 30,
2002, if Referendum Bill No. 51 is approved at the November 2002 general election.) The bonds authorized in RCW
47.10.855 are a legal investment for all state funds or funds
under state control and for all funds of any other public
body. [2002 c 202 § 512.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
47.12.011
47.12.015
47.12.023
47.10.858 Statement of general obligation—Transfer
and payment of funds. (Effective December 30, 2002, if
Referendum Bill No. 51 is approved at the November 2002
general election.) (1) Bonds issued under RCW 47.10.855
must state that they are a general obligation of the state of
Washington, must pledge the full faith and credit of the state
to the payment of the principal and interest, and must
contain an unconditional promise to pay the principal and
interest as it becomes due.
(2) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[2002 c 202 § 510.]
47.12.029
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
47.12.160
47.10.859 Additional repayment means. (Effective
December 30, 2002, if Referendum Bill No. 51 is approved
at the November 2002 general election.) The legislature
may provide additional means for raising moneys for the
payment of the principal and interest on the bonds authorized
in RCW 47.10.855, and RCW 47.10.857 and 47.10.858 are
not deemed to provide an exclusive method for their payment. [2002 c 202 § 511.]
47.12.200
Referral to electorate-2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
47.12.242
47.12.244
47.12.246
47.12.248
[Title 47 RCW—page 66]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Chapter 47.12
ACQUISITION AND DISPOSITION OF STATE
HIGHWAY PROPERTY
Sections
47.12.010
47.12.026
47.12.040
47.12.044
47.12.050
47.12.063
47.12.064
47.12.066
47.12.080
47.12.120
47.12.125
47.12.140
47.12.150
47.12.170
47.12.180
47.12.190
47.12.210
47.12.220
47.12.230
47.12.240
Acquisition of property authorized—Condemnation actions—Cost.
Purchase options authorized.
"Reservation boundary" defined.
Acquisition of state lands or interests or rights therein—
Procedures—Compensation—Reacquisition by department of natural resources.
Acquisition of state lands or interests or rights therein—
Easements—Removal of materials—Relocation of railroad tracks.
Acquisition of state lands or interests or rights therein—
Certain purposes prohibited.
Acquisition of property from a political subdivision.
Proceedings to acquire property or rights for highway purposes—Precedence.
Work on remaining land as payment.
Surplus real property program.
Affordable housing—Inventory of suitable property.
Sale or lease of personal property—Provision of services—
Proceeds.
Sale or exchange of unused land.
Lease of unused highway land or air space.
Lease of unused highway land or air space—Disposition of
proceeds.
Severance and sale of timber and other personalty—
Removal of nonmarketable materials.
Acquisition, exchange of property to relocate displaced facility.
Acquisition of land outside highway right of way to minimize damage.
Sale, lease of unneeded toll facility, ferry system property—
Franchises for utility, railway purposes.
Additional financing methods for property and engineering
costs—Formal declarations.
Additional financing methods for property and engineering
costs—Purchase or condemnation.
Additional financing methods for property and engineering
costs—Agreements with state finance committee.
Additional financing methods for property and engineering
costs—Warrants on motor vehicle fund.
Additional financing methods for property and engineering
costs—Mandatory, permissive, provisions in agreement.
Additional financing methods for property and engineering
costs—Warrant form and procedure.
Additional financing methods for property and engineering
costs—Payment procedure—Prior charge.
"Advance right of way acquisition" defined.
Advance right of way revolving fund.
Reimbursement to advance right of way revolving fund.
Structures acquired in advance of programmed construction—Maintenance.
(2002 Ed.)
Acquisition and Disposition of State Highway Property
47.12.250
47.12.260
47.12.270
47.12.283
47.12.287
47.12.290
47.12.300
47.12.301
47.12.302
47.12.320
47.12.330
47.12.340
47.12.350
47.12.360
47.12.370
Acquisition
Acquisition of property for preservation, safety, buffer purposes.
Acquisition of real property subject to local improvement
assessments—Payment.
Acquisition of property for park and ride lots.
Sale of real property authorized—Procedure—Disposition of
proceeds.
Exchange of real property authorized—Conveyance by deed.
Sale of real property—Execution, acknowledgement, and
delivery of deed.
Sale of unneeded property—Department of transportation—
Authorized—Rules.
Sale of unneeded property—Department of transportation—
Certification to governor—Execution, delivery of deed.
Department of transportation—Sale of unneeded property.
Sale of property—Listing with broker.
Advanced environmental mitigation—Authorized.
Advanced environmental mitigation revolving account.
Advanced environmental mitigation—Site management—
Reimbursement of account.
Advanced environmental mitigation—Reports.
Environmental mitigation—Exchange agreements.
of rights of way, city streets: RCW 47.24.030.
47.12.010 Acquisition of property authorized—
Condemnation actions—Cost. Whenever it is necessary to
secure any lands or interests in land for a right of way for
any state highway, or for the drainage thereof or construction
of a protection therefor or so as to afford unobstructed vision
therefor toward any railroad crossing or another public
highway crossing or any point of danger to public travel or
to provide a visual or sound buffer between highways and
adjacent properties or for the purpose of acquiring sand pits,
gravel pits, borrow pits, stone quarries, or any other land for
the extraction of materials for construction or maintenance
or both, or for any site for the erection upon and use as a
maintenance camp, of any state highway, or any site for
other necessary structures or for structures for the health and
accommodation of persons traveling or stopping upon the
state highways of this state, or any site for the construction
and maintenance of structures and facilities adjacent to,
under, upon, within, or above the right of way of any state
highway for exclusive or nonexclusive use by an urban
public transportation system, or for any other highway
purpose, together with right of way to reach such property
and gain access thereto, the department of transportation is
authorized to acquire such lands or interests in land in behalf
of the state by gift, purchase, or condemnation. In case of
condemnation to secure such lands or interests in land, the
action shall be brought in the name of the state of Washington in the manner provided for the acquiring of property for
the public uses of the state, and in such action the selection
of the lands or interests in land by the secretary of transportation shall, in the absence of bad faith, arbitrary, capricious,
or fraudulent action, be conclusive upon the court and judge
before which the action is brought that said lands or interests
in land are necessary for public use for the purposes sought.
The cost and expense of such lands or interests in land may
be paid as a part of the cost of the state highway for which
such right of way, drainage, unobstructed vision, sand pits,
gravel pits, borrow pits, stone quarries, maintenance camp
sites, and structure sites or other lands are acquired. [1977
ex.s. c 151 § 46; 1967 c 108 § 4; 1961 c 13 § 47.12.010.
Prior: 1937 c 53 § 25, part; RRS § 6400-25, part.]
Urban public transportation system defined: RCW 47.04.082.
(2002 Ed.)
Chapter 47.12
Right of way donations: Chapter 47.14 RCW.
47.12.011 Purchase options authorized. Whenever
it becomes necessary or feasible to purchase rights of way
for state highways, and the department deems it to be in the
best interest of the general public, the department may
secure options for purchase of property needed or proposed
for any entire project or section thereof or proposed alignment for the location or relocation of any highway. [1984
c 7 § 114; 1961 c 13 § 47.12.011. Prior: 1955 c 49 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.015 "Reservation boundary" defined. For the
purposes of this chapter "reservation boundary" means the
boundary of the reservation as established by federal law or
under the authority of the United States Secretary of the
Interior. [2002 c 255 § 2.]
47.12.023 Acquisition of state lands or interests or
rights therein—Procedures—Compensation—
Reacquisition by department of natural resources. (1)
Except as provided in RCW 47.12.026 and 47.12.029,
whenever it is necessary to secure any lands or interests in
lands for any highway purpose mentioned in RCW
47.12.010, or for the construction of any toll facility or ferry
terminal or docking facility, the title to which is in the state
of Washington and under the jurisdiction of the department
of natural resources, the department of transportation may
acquire jurisdiction over the lands or interests in lands, or
acquire rights to remove materials from the lands in the
manner set forth in this section.
(2) At any time after the final adoption of a right of
way plan or other plan requiring the acquisition of lands or
interests in lands for any purpose as authorized in subsection
(1) of this section, the department of transportation may file
with the department of natural resources a notice setting
forth its intent to acquire jurisdiction of the lands or interests
in lands under the jurisdiction of the department of natural
resources required for right of way or other highway
purposes related to the construction or improvement of such
state highway, toll facility, or ferry terminal or docking
facility.
(3) The department of transportation at the time of filing
its notice of intent as provided in subsection (2) of this
section shall file therewith a written statement showing the
total amount of just compensation to be paid for the property
in the event of settlement. The offer shall be based upon the
department of transportation approved appraisal of the fair
market value of the property to be acquired. In no event
may the offer of settlement be referred to or used during any
arbitration proceeding or trial conducted for the purpose of
determining the amount of just compensation.
(4) Just compensation and/or fair market value for the
purposes of this section shall be determined in accordance
with applicable federal and state constitutional, statutory, and
case law relating to the condemnation of private and public
property for public purposes.
(5) If the department of natural resources does not
accept the offer of the department of transportation, the
department of transportation may nonetheless pay to the
department of natural resources the amount of its offer and
[Title 47 RCW—page 67]
47.12.023
Title 47 RCW: Public Highways and Transportation
obtain immediate possession and use of the property pending
the determination of just compensation in the manner
hereinafter provided.
(6) If the amount of just compensation is not agreed to,
either the department of natural resources or the department
of transportation may request in writing the appointment of
an arbitrator for the purpose of determining the amount of
compensation to be paid by the department of transportation
for the acquisition of jurisdiction over the lands or interests
in lands or rights therein. In that event the department of
natural resources and the department of transportation may
jointly agree on an arbitrator to determine the compensation,
and his determination shall be final and conclusive upon
both departments. The costs of the arbitrator shall be borne
equally by the parties. If the department of natural resources
and the department of transportation are unable to agree on
the selection of an arbitrator within thirty days after a
request therefor is made, either the department of transportation or the department of natural resources may file a
petition with the superior court for Thurston county for the
purpose of determining the amount of just compensation to
be paid. The matter shall be tried by the court pursuant to
the procedures set forth in RCW 8.04.080.
(7) Whenever the department of transportation has
acquired immediate possession and use of property by
payment of the amount of its offer to the department of
natural resources, and the arbitration award or judgment of
the court for the acquisition exceeds the payment for
immediate possession and use, the department of transportation shall forthwith pay the amount of such excess to the
department of natural resources with interest thereon from
the date it obtained immediate possession. If the arbitration
or court award is less than the amount previously paid by the
department of transportation for immediate possession and
use, the department of natural resources shall forthwith pay
the amount of the difference to the department of transportation.
(8) Upon the payment of just compensation, as agreed
to by the department of transportation and the department of
natural resources, or as determined by arbitration or by
judgment of the court, and other costs or fees as provided by
statute, the department of natural resources shall cause to be
executed and delivered to the department of transportation an
instrument transferring jurisdiction over the lands or interests
in lands, or rights to remove material from the lands, to the
department of transportation.
(9) Except as provided in RCW 47.12.026, whenever the
department of transportation ceases to use any lands or
interests in lands acquired in the manner set forth in this
section for the purposes mentioned herein, the department of
natural resources may reacquire jurisdiction over the lands or
interests in land by paying the fair market value thereof to
the department of transportation. If the two departments are
unable to agree on the fair market value of the lands or
interests in lands, the market value shall be determined and
the interests therein shall be transferred in accordance with
the provisions and procedures set forth in subsections (4)
through (8) of this section. [1984 c 7 § 115; 1977 ex.s. c
103 § 1.]
47.12.026 Acquisition of state lands or interests or
rights therein—Easements—Removal of materials—
Relocation of railroad tracks. (1) The department of
transportation may acquire an easement for highway or toll
facilities right of way or for ferry terminal or docking
facilities, including the right to make necessary fills, on,
over, or across the beds of navigable waters which are under
the jurisdiction of the department of natural resources, in
accordance with the provisions of RCW 47.12.023, except
that no charge may be made to the department of transportation for such an easement.
(2) The department of transportation may obtain an
easement for highway or toll facilities purposes or for ferry
terminal or docking facilities on, over, or across harbor areas
in accordance with RCW 47.12.023 but only when the areas
are approved by the harbor line commission as a public
place for public landings, wharves, or other public conveniences of commerce or navigation. No charge may be
made to the department of transportation for such an easement.
(3) Upon the selection by the department of transportation of an easement for highway or toll facilities right of
way or for ferry terminal or docking facilities, as authorized
in subsections (1) and (2) of this section, the department of
natural resources shall cause to be executed and delivered to
the department of transportation an instrument transferring
the easement. Whenever the state no longer requires the
easement for highway or toll facilities right of way or for
ferry terminal or docking facilities, the easement shall automatically terminate and the department of transportation
shall, upon request, cause to be executed an instrument
relinquishing to the department of natural resources all of its
interest in the lands.
(4) The department of transportation, pursuant to the
procedures set forth in RCW 47.12.023, may remove sand
and gravel and borrow materials and stone from the beds of
navigable waters under the jurisdiction of the department of
natural resources which lie below the line of ordinary high
water upon the payment of fair market value per cubic yard
for such materials to be determined in the manner set forth
in RCW 47.12.023.
(5) The department of transportation may acquire full
jurisdiction over lands under the jurisdiction of the department of natural resources including the beds of navigable
waters that are required for the relocation of the operating
tracks of any railroad that will be displaced by the acquisition of such railroad property for state highway purposes.
The department of transportation may exchange lands so
acquired in consideration or partial consideration for the land
or property rights needed for highway purposes and may
cause to be executed a conveyance of the lands in the
manner prescribed in RCW 47.12.150. In that event the
department of transportation shall pay to the department of
natural resources, as just compensation for the acquisition,
the fair market value of the property, including the beds of
any navigable waters, to be determined in accordance with
procedures set forth in RCW 47.12.023. [1984 c 7 § 116;
1977 ex.s. c 103 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 47 RCW—page 68]
(2002 Ed.)
Acquisition and Disposition of State Highway Property
47.12.029 Acquisition of state lands or interests or
rights therein—Certain purposes prohibited. The
department of transportation shall not acquire jurisdiction of
any lands or interest in lands under the jurisdiction of the department of natural resources for any of the purposes set
forth in RCW 47.12.150, 47.12.160, 47.12.180, 47.12.250,
and 47.12.270. [1984 c 7 § 117; 1977 ex.s. c 103 § 3.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.040 Acquisition of property from a political
subdivision. Whenever it is necessary to secure any lands
for primary or secondary state highway right of way or other
state highway purposes, the title to which is in any county of
the state or in any political or municipal subdivision of the
state, which land is not at the time being used as a public
highway, the county legislative authority or the board of
directors or governing body of any such political or municipal subdivision are authorized to directly lease, sell, or
convey by gift the land or any interest therein to the state of
Washington, without requiring competitive bids or notice to
the public, and at such price as the legislative authority,
directors, or governing body may deem for the best interests
of the county or for the best interests of the political or
municipal subdivision of the state. The county legislative
authority or the directors or governing body of any political
or municipal subdivision are empowered to execute a deed
or other proper instrument to the land, passing title to the
state of Washington, and the instrument need not require
consideration other than the benefit which may be derived by
the grantor on account of the use thereof. Whenever any
state highway is established by legislative enactment and the
state highway is upon the former route of a county road, the
county legislative authority shall cause the title to the
existing right of way or so much thereof as the department
requires to be transferred to the state of Washington by
proper instrument. [1984 c 7 § 118; 1961 c 13 § 47.12.040.
Prior: 1943 c 266 § 1; 1937 c 53 § 26; Rem. Supp. 1943 §
6400-26.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.044 Proceedings to acquire property or rights
for highway purposes—Precedence. Court proceedings
necessary to acquire property or property rights for highway
purposes pursuant to RCW 47.12.010 take precedence over
all other causes not involving the public interest in all courts
in cases where the state is unable to secure an order granting
it immediate possession and use of the property or property
rights pursuant to RCW 8.04.090 through 8.04.094. [1983
c 140 § 2.]
47.12.050 Work on remaining land as payment.
Whenever it is considered in the securing of any lands for
state highway purpose, whether by condemnation or otherwise, that it is for the best interest of the state, for specific
constructural items of damage claimed, the court or judge
may order or the person whose lands are sought may agree
that a portion or all work or labor necessary to the land or
remaining land by reason of the taking by way of damage,
be performed by the state through the department as all or a
part of the consideration or satisfaction of the judgment
therefor, in which event the department may perform the
(2002 Ed.)
47.12.029
work as a portion of the right of way cost of the state
highway. [1984 c 7 § 119; 1961 c 13 § 47.12.050. Prior:
1937 c 53 § 27; RRS § 6400-27.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.063 Surplus real property program. (1) It is
the intent of the legislature to continue the department’s
policy giving priority consideration to abutting property
owners in agricultural areas when disposing of property
through its surplus property program under this section.
(2) Whenever the department determines that any real
property owned by the state of Washington and under the
jurisdiction of the department is no longer required for
transportation purposes and that it is in the public interest to
do so, the department may sell the property or exchange it
in full or part consideration for land or improvements or for
construction of improvements at fair market value to any of
the following governmental entities or persons:
(a) Any other state agency;
(b) The city or county in which the property is situated;
(c) Any other municipal corporation;
(d) Regional transit authorities created under chapter
81.112 RCW;
(e) The former owner of the property from whom the
state acquired title;
(f) In the case of residentially improved property, a
tenant of the department who has resided thereon for not less
than six months and who is not delinquent in paying rent to
the state;
(g) Any abutting private owner but only after each other
abutting private owner (if any), as shown in the records of
the county assessor, is notified in writing of the proposed
sale. If more than one abutting private owner requests in
writing the right to purchase the property within fifteen days
after receiving notice of the proposed sale, the property shall
be sold at public auction in the manner provided in RCW
47.12.283;
(h) To any person through the solicitation of written
bids through public advertising in the manner prescribed by
RCW 47.28.050;
(i) To any other owner of real property required for
transportation purposes;
(j) In the case of property suitable for residential use,
any nonprofit organization dedicated to providing affordable
housing to very low-income, low-income, and moderateincome households as defined in RCW 43.63A.510 and is
eligible to receive assistance through the Washington
housing trust fund created in chapter 43.185 RCW; or
(k) A federally recognized Indian tribe within whose
reservation boundary the property is located.
(3) Sales to purchasers may at the department’s option
be for cash, by real estate contract, or exchange of land or
improvements. Transactions involving the construction of
improvements must be conducted pursuant to chapter 47.28
RCW or Title 39 RCW, as applicable, and must comply with
all other applicable laws and rules.
(4) Conveyances made pursuant to this section shall be
by deed executed by the secretary of transportation and shall
be duly acknowledged.
(5) All moneys received pursuant to the provisions of
this section less any real estate broker commissions paid
[Title 47 RCW—page 69]
47.12.063
Title 47 RCW: Public Highways and Transportation
pursuant to RCW 47.12.320 shall be deposited in the motor
vehicle fund. [2002 c 255 § 1; 1999 c 210 § 1; 1993 c 461
§ 11; 1988 c 135 § 1; 1983 c 3 § 125; 1977 ex.s. c 78 § 1.]
Finding—1993 c 461: See note following RCW 43.63A.510.
47.12.064 Affordable housing—Inventory of suitable
property. (1) The department shall identify and catalog real
property that is no longer required for department purposes
and is suitable for the development of affordable housing for
very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510. The inventory shall
include the location, approximate size, and current zoning
classification of the property. The department shall provide
a copy of the inventory to the department of community,
trade, and economic development by November 1, 1993, and
every November 1 thereafter.
(2) By November 1 of each year, beginning in 1994, the
department shall purge the inventory of real property of sites
that are no longer available for the development of affordable housing. The department shall include an updated
listing of real property that has become available since the
last update. As used in this section, "real property" means
buildings, land, or buildings and land. [1995 c 399 § 121;
1993 c 461 § 10.]
Finding—1993 c 461: See note following RCW 43.63A.510.
47.12.066 Sale or lease of personal property—
Provision of services—Proceeds. (1) The department may
sell at fair market value, or lease at rental value (economic
rent), materials or other personal property to any United
States agency or to any municipal corporation, political
subdivision, or another agency of the state and may provide
services to any United States agency or to any municipal
corporation, political subdivision, or another agency of the
state at actual cost, including a reasonable amount for
indirect costs.
(2) The department may sell at fair market value
materials or other personal property to any private utility
company regulated by the utilities and transportation commission for the purpose of making emergency repairs to
utility facilities or to protect such facilities from imminent
damage upon a finding in writing by the secretary that an
emergency exists.
(3) The proceeds of all sales and leases under this
section shall be placed in the motor vehicle fund. [1984 c
7 § 120; 1977 ex.s. c 78 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.080 Sale or exchange of unused land. The
secretary of transportation may transfer and convey to the
United States, its agencies or instrumentalities, to any other
state agency, to any county or city or port district of this
state, or to any public utility company, any unused stateowned real property under the jurisdiction of the department
of transportation when, in the judgment of the secretary of
transportation and the attorney general, the transfer and
conveyance is consistent with public interest. Whenever the
secretary makes an agreement for any such transfer or
conveyance, and the attorney general concurs therein, the
secretary shall execute and deliver unto the grantee a deed
of conveyance, easement, or other instrument, duly acknowl[Title 47 RCW—page 70]
edged, as shall be necessary to fulfill the terms of the
aforesaid agreement. All moneys paid to the state of
Washington under any of the provisions hereof shall be
deposited in the motor vehicle fund. [1984 c 7 § 121.
Prior: 1977 ex.s. c 151 § 49; 1977 ex.s. c 78 § 5; 1975 1st
ex.s. c 96 § 3; 1961 c 13 § 47.12.080; prior: 1945 c 127 §
1; Rem. Supp. 1945 § 6400-120.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.120 Lease of unused highway land or air
space. The department is authorized, subject to the provisions and requirements of zoning ordinances of political
subdivisions of government, to rent or lease any lands,
improvements, or air space above or below any lands,
including those used or to be used for both limited access
and conventional highways which are held for highway
purposes but are not presently needed, upon such terms and
conditions as the department may determine. [1977 ex.s. c
151 § 50; 1969 c 91 § 1; 1961 c 13 § 47.12.120. Prior:
1949 c 162 § 1; Rem. Supp. 1949 § 6400-122.]
47.12.125 Lease of unused highway land or air
space—Disposition of proceeds. All moneys paid to the
state of Washington under any of the provisions of RCW
47.12.120 shall be deposited in the department’s advance
right of way revolving fund, except moneys that are subject
to federal aid reimbursement and moneys received from
rental of capital facilities properties, which shall be deposited
in the motor vehicle fund. [1999 c 94 § 15; 1991 c 291 §
3; 1961 c 13 § 47.12.125. Prior: 1949 c 162 § 2; Rem.
Supp. 1949 § 6400-123.]
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
47.12.140 Severance and sale of timber and other
personalty—Removal of nonmarketable materials.
Whenever the department has acquired any lands for
transportation purposes, except state granted lands, upon
which are located any structures, timber, or other thing of
value attached to the land that the department deems it best
to sever from the land and sell as personal property, the
same may be disposed of by one of the following means:
(1) The department may sell the personal property at
public auction after due notice has been given in accordance
with general rules adopted by the secretary. The department
may set minimum prices that will be accepted for any item
offered for sale at public auction as provided in this section
and may prescribe terms or conditions of sale. If an item is
offered for sale at the auction and no satisfactory bids are
received or the amount bid is less than the minimum set by
the department, the department may sell the item at private
sale for the best price that it deems obtainable, but not less
than the highest price bid at the public auction. The proceeds of all sales under this section must be placed in the
motor vehicle fund.
(2) The department may issue permits to residents of
this state to remove specified quantities of standing or
downed trees and shrubs, rock, sand, gravel, or soils that
have no market value in place and that the department desires to be removed from state-owned lands that are under
the jurisdiction of the department. An applicant for a permit
(2002 Ed.)
Acquisition and Disposition of State Highway Property
must certify that the materials so removed are to be used by
the applicant and that they will not be disposed of to any
other person. Removal of materials under the permit must
be in accordance with rules adopted by the department. The
fee for a permit is two dollars and fifty cents, which fee
must be deposited in the motor vehicle fund. The department may adopt rules providing for special access to limited
access facilities for the purpose of removal of materials
under permits authorized in this section.
(3) The department may sell timber or logs to an
abutting landowner for cash at full appraised value, but only
after each other abutting owner (if any), as shown in the
records of the county assessor, is notified in writing of the
proposed sale. If more than one abutting owner requests in
writing the right to purchase the timber within fifteen days
after receiving notice of the proposed sale, the timber must
be sold in accordance with subsection (1) of this section.
(4) The department may sell timber or logs having an
appraised value of one thousand dollars or less directly to
interested parties for cash at the full appraised value without
notice or advertising. If the timber is attached to stateowned land, the department shall issue a permit to the purchaser of the timber to allow for the removal of the materials
from state land. The permit fee is two dollars and fifty
cents. [1997 c 240 § 1; 1981 c 260 § 12. Prior: 1977 ex.s.
c 151 § 52; 1977 ex.s. c 78 § 6; 1961 c 13 § 47.12.140;
prior: 1953 c 42 § 1.]
47.12.150 Acquisition, exchange of property to
relocate displaced facility. Whenever the department shall
need for highway purposes land or property rights belonging
to the United States government or any municipality or
political subdivision of the state, or which shall be a part of
the right of way of any public utility having authority to
exercise powers of eminent domain, when the acquisition of
such property by the state will result in the displacement of
any existing right of way or facility, the department is
authorized to acquire by condemnation or otherwise such
lands and property rights as shall be needed to relocate such
right of way or facilities so displaced and to exchange lands
or property rights so acquired in consideration or partial
consideration for the land or property rights needed for highway purposes. The secretary of transportation shall execute
each conveyance, which shall be duly acknowledged,
necessary to accomplish such exchange. [1977 ex.s. c 151
§ 53; 1975 1st ex.s. c 96 § 5; 1961 c 13 § 47.12.150. Prior:
1953 c 55 § 1.]
47.12.160 Acquisition of land outside highway right
of way to minimize damage. Whenever a part of a parcel
of land is to be acquired for state highway purposes and the
remainder lying outside of the right of way is to be left in
such shape or condition as to be of little value to its owner
or to give rise to claims or litigation concerning severance or
other damage, and its value does not exceed the probable
amount of the severance claims or damages, the department
may acquire by gift, purchase, or condemnation the whole
parcel and may sell that portion lying outside of the highway
right of way or may exchange the same for other property
needed for highway purposes. The provisions of this section
do not apply if the taking of that portion of the land lying
(2002 Ed.)
47.12.140
outside of the highway right of way would deprive any
adjacent owner of an existing right of ingress and egress to
his property. [1984 c 7 § 122; 1961 c 13 § 47.12.160.
Prior: 1953 c 131 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.170 Sale, lease of unneeded toll facility, ferry
system property—Franchises for utility, railway purposes. See RCW 47.56.253 through 47.56.257.
47.12.180 Additional financing methods for property and engineering costs—Formal declarations. It is
declared to be the public policy of the state of Washington
to provide for the acquisition of real property and engineering costs necessary for the improvement of the state highway
system, in advance of actual construction, for the purposes
of eliminating costly delays in construction, reducing
hardship to owners of the property, and eliminating economic waste occasioned by the improvement of such property
immediately prior to its acquisition for highway uses.
The legislature therefore finds and declares that purchase and condemnation of real property necessary for the
state highway system and engineering costs, reasonably in
advance of programmed construction, is a public use and
purpose and a highway purpose.
The department is hereby authorized to purchase or
condemn any real property or property rights therein which
it deems will be necessary for the improvement of routes on
the state highway system by the method provided in RCW
47.12.180 through 47.12.240 or alternatively by the method
provided in RCW 47.12.242 through 47.12.246. Neither
method may be used to condemn property or property rights
in advance of programmed construction until the department
has complied with hearing procedures required for the
location or relocation of the type of highway for which the
property is to be condemned. [1984 c 7 § 123; 1969 ex.s.
c 197 § 1; 1961 c 281 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1961 c 281: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1961 c 281 § 12.]
47.12.190 Additional financing methods for property and engineering costs—Purchase or condemnation.
The department, in addition to its other powers and duties as
provided by law, is authorized to purchase or condemn any
real property or property rights therein which it deems will
be necessary for the improvements of routes on the state
highway system by the method provided in RCW 47.12.180
through 47.12.240. Condemnation actions brought hereunder
shall be brought in the name of the state as provided for
acquiring property for the public uses of the state, and in
such actions selection of the property and property rights by
the secretary of transportation is conclusive that they are
necessary for the purposes sought, in the absence of bad
faith, or arbitrary, capricious, or fraudulent action. [1977
ex.s. c 151 § 54; 1961 c 281 § 2.]
Severability—1961 c 281: See note following RCW 47.12.180.
[Title 47 RCW—page 71]
47.12.200
Title 47 RCW: Public Highways and Transportation
47.12.200 Additional financing methods for property and engineering costs—Agreements with state finance
committee. The transportation commission may enter into
agreements with the state finance committee for financing
the acquisition, by purchase or condemnation, of real
property together with engineering costs that the transportation commission deems will be necessary for the improvement of the state highway system. Such agreements may
provide for the acquisition of an individual parcel or for the
acquisition of any number of parcels within the limits of a
contemplated highway project. [1977 ex.s. c 151 § 55; 1969
ex.s. c 197 § 2; 1961 c 281 § 3.]
Severability—1961 c 281: See note following RCW 47.12.180.
47.12.210 Additional financing methods for property and engineering costs—Warrants on motor vehicle
fund. Such an agreement shall provide that the state finance
committee shall purchase, at par, warrants drawn upon the
motor vehicle fund in payment for the property covered by
the agreement and the engineering costs necessary for such
advance purchase or condemnation. Such warrants shall be
purchased by the state finance committee, upon the presentation by the holders thereof to the state treasurer, from any
moneys available for investment in the state treasury as
provided in RCW 43.84.080: PROVIDED, That in no event
shall more than ten percent of the assets of any fund be used
for the purpose of acquiring property as authorized herein,
except in the case of current state funds in the state treasury,
twenty percent of the balance therein available for investment may be invested as provided in RCW 47.12.180
through 47.12.240. [1981 c 3 § 38; 1969 ex.s. c 197 § 3;
1961 c 281 § 4.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Severability—1961 c 281: See note following RCW 47.12.180.
Authorization that certain funds may be invested in motor vehicle fund
warrants: RCW 43.84.080.
47.12.220 Additional financing methods for property and engineering costs—Mandatory, permissive,
provisions in agreement. Each such agreement shall
include, but shall not be limited to the following:
(1) A provision stating the term of the agreement which
shall not extend more than seven years from the effective
date of the agreement;
(2) A designation of the specific fund or funds to be
used to carry out such agreement;
(3) A provision that the department of transportation
may redeem warrants purchased by the state finance committee at any time prior to the letting of a highway improvement contract utilizing the property; and further, during the
effective period of each such agreement the department of
transportation shall redeem such warrants whenever such a
highway improvement contract is let, or upon the expiration
of such agreement, whichever date is earlier;
(4) A provision stating the rate of interest such warrants
shall bear commencing at the time of purchase by the state
finance committee;
(5) Any additional provisions agreed upon by the
transportation commission and the state finance committee
which are necessary to carry out the purposes of such
[Title 47 RCW—page 72]
agreement as indicated by RCW 47.12.180 through
47.12.240, as now or hereafter amended. [1977 ex.s. c 151
§ 56; 1969 ex.s. c 197 § 4; 1961 c 281 § 5.]
Severability—1961 c 281: See note following RCW 47.12.180.
47.12.230 Additional financing methods for property and engineering costs—Warrant form and procedure.
Warrants issued for payment of property and engineering
costs as provided herein shall be of a distinctive design and
shall contain the words "for purchase by the state finance
committee from . . . . fund" (indicating the proper investing
fund as provided by the agreement). Such warrants shall be
approved by the secretary of the state finance committee
prior to their issuance by the state treasurer. Upon presentation of such warrants to the state treasurer for payment, he
shall pay the par value thereof from the fund for which the
state finance committee agreed to purchase such warrants
whether or not there are then funds in the motor vehicle
fund. The state treasurer shall deposit such warrants in the
treasury for the investing fund. [1969 ex.s. c 197 § 5; 1961
c 281 § 6.]
Severability—1961 c 281: See note following RCW 47.12.180.
47.12.240 Additional financing methods for property and engineering costs—Payment procedure—Prior
charge. The state treasurer shall transfer from the motor
vehicle fund to the credit of the fund purchasing such
warrants interest at the rate and at the times provided for in
the agreement. The state treasurer shall pay the warrants at
the time provided for in the agreement. The obligations
coming due are a prior charge against any funds in the motor
vehicle fund available to the department for construction of
state highways. [1984 c 7 § 124; 1961 c 281 § 7.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1961 c 281: See note following RCW 47.12.180.
47.12.242 "Advance right of way acquisition"
defined. The term "advance right of way acquisition" means
the acquisition of property and property rights, generally not
more than ten years in advance of programmed highway
construction projects, together with the engineering costs
necessary for such advance right of way acquisition. Any
property or property rights purchased must be in designated
highway transportation corridors and be for projects approved by the commission as part of the state’s six-year plan
or included in the state’s route development planning effort.
[1991 c 291 § 1; 1969 ex.s. c 197 § 6.]
47.12.244 Advance right of way revolving fund.
There is created the "advance right of way revolving fund"
in the custody of the treasurer, into which the department is
authorized to deposit directly and expend without appropriation:
(1) An initial deposit of ten million dollars from the
motor vehicle fund included in the department of
transportation’s 1991-93 budget;
(2) All moneys received by the department as rental
income from real properties that are not subject to federal
aid reimbursement, except moneys received from rental of
capital facilities properties as defined in *chapter 47.13
RCW; and
(2002 Ed.)
Acquisition and Disposition of State Highway Property
(3) Any federal moneys available for acquisition of right
of way for future construction under the provisions of
section 108 of Title 23, United States Code. [1991 c 291 §
2; 1984 c 7 § 125; 1969 ex.s. c 197 § 7.]
*Reviser’s note: Chapter 47.13 RCW was repealed by 1999 c 94 §
33, effective July 1, 1999.
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.246 Reimbursement to advance right of way
revolving fund. (1) After any properties or property rights
are acquired from funds in the advance right of way revolving fund, the department shall manage the properties in
accordance with sound business practices. Funds received
from interim management of the properties shall be deposited in the advance right of way revolving fund.
(2) When the department proceeds with the construction
of a highway which will require the use of any of the
property so acquired, the department shall reimburse the
advance right of way revolving fund, from other funds
available to it, the current appraised value of the property or
property rights required for the project together with damages caused to the remainder by the acquisition after offsetting
against all such compensation and damages the special benefits, if any, accruing to the remainder by reason of the state
highway being constructed.
(3) When the department determines that any properties
or property rights acquired from funds in the advance right
of way revolving fund will not be required for a highway
construction project the department may sell the property at
fair market value in accordance with requirements of RCW
47.12.063. All proceeds of such sales shall be deposited in
the advance right of way revolving fund.
(4) Deposits in the fund may be reexpended as provided
in RCW 47.12.180, 47.12.200 through 47.12.230, and
47.12.242 through 47.12.248 without further or additional
appropriations. [1991 c 291 § 4; 1984 c 7 § 126; 1969 ex.s.
c 197 § 9.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.248 Structures acquired in advance of
programmed construction—Maintenance. Whenever the
department purchases or condemns any property under RCW
47.12.180 through 47.12.240 or 47.12.242 through 47.12.246,
the department shall cause any structures so acquired and not
removed within a reasonable time to be maintained in good
appearance. [1984 c 7 § 127; 1969 ex.s. c 197 § 10.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.250 Acquisition of property for preservation,
safety, buffer purposes. The department is authorized to
acquire by purchase, lease, condemnation, gift, devise,
bequest, grant, or exchange, title to or any interests or rights
in real property adjacent to state highways for the preservation of natural beauty, historic sites or viewpoints or for
safety rest areas or to provide a visual or sound buffer
between highways and adjacent properties. However, the
department shall not acquire, by condemnation, less than an
owner’s entire interest for providing a visual or sound buffer
between highways and adjacent properties under RCW
47.12.010 and 47.12.250 if the owner objects to the taking
(2002 Ed.)
47.12.244
of a lesser interest or right. [1984 c 7 § 128; 1967 c 108 §
5; 1965 ex.s. c 170 § 62.]
Severability—1984 c 7: See note following RCW 47.01.141.
Roadside areas—Safety rest areas: Chapter 47.38 RCW.
Scenic and Recreational Highway Act: Chapter 47.39 RCW.
47.12.260 Acquisition of real property subject to
local improvement assessments—Payment. See RCW
79.44.190.
47.12.270 Acquisition of property for park and ride
lots. The department may acquire real property or interests
in real property by gift, purchase, lease, or condemnation
and may construct and maintain thereon fringe and transportation corridor parking facilities to serve motorists
transferring to or from urban public transportation vehicles
or private car pool vehicles. The department may obtain and
exercise options for the purchase of property to be used for
purposes described in this section. The department shall not
expend any funds for acquisition or construction costs of any
parking facility to be operated as a part of a transit system
by a metropolitan municipal corporation unless the facility
has been approved by the department in advance of its
acquisition or construction. [1984 c 7 § 129; 1973 2nd ex.s.
c 18 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.283 Sale of real property authorized—
Procedure—Disposition of proceeds. (1) Whenever the
department of transportation determines that any real property owned by the state of Washington and under the
jurisdiction of the department is no longer required for
highway purposes and that it is in the public interest to do
so, the department may, in its discretion, sell the property
under RCW 47.12.063 or under subsections (2) through (6)
of this section.
(2) Whenever the department determines to sell real
property under its jurisdiction at public auction, the department shall first give notice thereof by publication on the
same day of the week for two consecutive weeks, with the
first publication at least two weeks prior to the date of the
auction, in a legal newspaper of general circulation in the
area where the property to be sold is located. The notice
shall be placed in both the legal notices section and the real
estate classified section of the newspaper. The notice shall
contain a description of the property, the time and place of
the auction, and the terms of the sale. The sale may be for
cash or by real estate contract.
(3) The department shall sell the property at the public
auction, in accordance with the terms set forth in the notice,
to the highest and best bidder providing the bid is equal to
or higher than the appraised fair market value of the property.
(4) If no bids are received at the auction or if all bids
are rejected, the department may, in its discretion, enter into
negotiations for the sale of the property or may list the
property with a licensed real estate broker. No property
shall be sold by negotiations or through a broker for less
than the property’s appraised fair market value. Any offer
to purchase real property pursuant to this subsection shall be
[Title 47 RCW—page 73]
47.12.283
Title 47 RCW: Public Highways and Transportation
in writing and may be rejected at any time prior to written
acceptance by the department.
(5) Before the department shall approve any offer for
the purchase of real property having an appraised value of
more than ten thousand dollars, pursuant to subsection (4) of
this section, the department shall first publish a notice of the
proposed sale in a local newspaper of general circulation in
the area where the property is located. The notice shall include a description of the property, the selling price, the
terms of the sale, including the price and interest rate if sold
by real estate contract, and the name and address of the
department employee or the real estate broker handling the
transaction. The notice shall further state that any person
may, within ten days after the publication of the notice,
deliver to the designated state employee or real estate broker
a written offer to purchase the property for not less than ten
percent more than the negotiated sale price, subject to the
same terms and conditions. A subsequent offer shall not be
considered unless it is accompanied by a deposit of twenty
percent of the offer in the form of cash, money order,
cashiers check, or certified check payable to the Washington
state treasurer, to be forfeited to the state (for deposit in the
motor vehicle fund) if the offeror fails to complete the sale
if the offeror’s offer is accepted. If a subsequent offer is
received, the first offeror shall be informed by registered or
certified mail sent to the address stated in his offer. The
first offeror shall then have ten days, from the date of
mailing the notice of the increased offer, in which to file
with the designated state employee or real estate broker a
higher offer than that of the subsequent offeror. After the
expiration of the ten day period, the department shall
approve in writing the highest and best offer which the
department then has on file.
(6) All moneys received pursuant to this section, less
any real estate broker’s commissions paid pursuant to RCW
47.12.320, shall be deposited in the motor vehicle fund.
[1979 ex.s. c 189 § 1.]
Effective date—1979 ex.s. c 189: "This 1979 act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect July 1, 1979." [1979 ex.s. c 189 § 8.]
47.12.287 Exchange of real property authorized—
Conveyance by deed. The department of transportation is
hereby authorized to enter into an exchange agreement with
the owner of real property required for highway purposes to
convey to such owner real property, owned by the state and
under the department’s jurisdiction, as full or part consideration for property to be acquired for highway purposes.
Such an exchange agreement may relate back and apply to
any exchange of property previously agreed to and partially
executed (pursuant to an earlier exchange agreement found
to be void for want of a governor’s deed as required by prior
law), and shall be subject to such agreed terms and conditions as are authorized by RCW 47.12.063(3) as now
existing or hereafter amended. Any conveyance from the
state of Washington made pursuant to this section shall be
by deed executed by the secretary of transportation, which
shall be duly acknowledged. [1979 ex.s. c 189 § 2.]
Effective date—1979 ex.s. c 189: See note following RCW
47.12.283.
[Title 47 RCW—page 74]
47.12.290 Sale of real property—Execution, acknowledgement, and delivery of deed. When full payment
for real property agreed to be sold as authorized by RCW
47.12.283 has been received, the secretary of transportation
shall execute the deed which shall be duly acknowledged
and deliver it to the grantee. [1979 ex.s. c 189 § 3; 1975 1st
ex.s. c 96 § 6; 1973 1st ex.s. c 177 § 2.]
Effective date—1979 ex.s. c 189: See note following RCW
47.12.283.
47.12.300 Sale of unneeded property—Department
of transportation—Authorized—Rules. See RCW
47.56.254.
47.12.301 Sale of unneeded property—Department
of transportation—Certification to governor—Execution,
delivery of deed. See RCW 47.56.255.
47.12.302 Department of transportation—Sale of
unneeded property. See RCW 47.60.130.
47.12.320 Sale of property—Listing with broker.
The department may list any available properties with any
licensed real estate broker at a commission rate otherwise
charged in the geographic area for such services. [1984 c 7
§ 130; 1973 1st ex.s. c 177 § 7.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.12.330 Advanced environmental mitigation—
Authorized. For the purpose of environmental mitigation of
transportation projects, the department may acquire or develop, or both acquire and develop, environmental mitigation
sites in advance of the construction of programmed projects.
The term "advanced environmental mitigation" means
mitigation of adverse impacts upon the environment from
transportation projects before their design and construction.
Advanced environmental mitigation consists of the acquisition of property; the acquisition of property, water, or air
rights; the development of property for the purposes of improved environmental management; engineering costs
necessary for such purchase and development; and the use of
advanced environmental mitigation sites to fulfill project
environmental permit requirements. Advanced environmental mitigation must be conducted in a manner that is consistent with the definition of mitigation found in the council of
environmental quality regulations (40 C.F.R. Sec. 1508.20)
and the governor’s executive order on wetlands (EO 90-04).
Advanced environmental mitigation is for projects approved
by the transportation commission as part of the state’s sixyear plan or included in the state highway system plan.
Advanced environmental mitigation must give consideration
to activities related to fish passage, fish habitat, wetlands,
and flood management. Advanced environmental mitigation
may also be conducted in partnership with federal, state, or
local government agencies, tribal governments, interest
groups, or private parties. Partnership arrangements may
include joint acquisition and development of mitigation sites,
purchasing and selling mitigation bank credits among participants, and transfer of mitigation site title from one party
to another. Specific conditions of partnership arrangements
will be developed in written agreements for each applicable
(2002 Ed.)
Acquisition and Disposition of State Highway Property
environmental mitigation site. [1998 c 181 § 2; 1997 c 140
§ 2.]
Findings—1998 c 181: "The legislature finds that fish passage, fish
habitat, wetlands, and flood management are critical issues in the effective
management of watersheds in Washington. The legislature also finds that
the state of Washington invests a considerable amount of resources on
environmental mitigation activities related to fish passage, fish habitat,
wetlands, and flood management. The department of transportation’s
advanced environmental mitigation revolving account established under
RCW 47.12.340, is a key funding component in bringing environmental
mitigation together with comprehensive watershed management." [1998 c
181 § 1.]
Intent—1997 c 140: "It is the intent of chapter 140, Laws of 1997
to provide environmental mitigation in advance of the construction of
programmed projects where desirable and feasible, [which] will provide a
more efficient and predictable environmental permit process, increased
benefits to environmental resources, and a key tool in using the watershed
approach for environmental impact mitigation. The legislative transportation
committee, through its adoption of the December 1994 report "Environmental Cost Savings and Permit Coordination Study," encourages state agencies
to use a watershed approach based on a water resource inventory area in an
improved environmental mitigation and permitting process. Establishment
of an advanced transportation environmental mitigation revolving account
would help the state to improve permit processes and environmental
protection when providing transportation services." [1997 c 140 § 1.]
47.12.340 Advanced environmental mitigation
revolving account. The advanced environmental mitigation
revolving account is created in the custody of the treasurer,
into which the department shall deposit directly and may
expend without appropriation:
(1) An initial appropriation included in the department
of transportation’s 1997-99 budget, and deposits from other
identified sources;
(2) All moneys received by the department from internal
and external sources for the purposes of conducting advanced environmental mitigation; and
(3) Interest gained from the management of the advanced environmental mitigation revolving account. [1997
c 140 § 3.]
Intent—1997 c 140: See note following RCW 47.12.330.
47.12.350 Advanced environmental mitigation—Site
management—Reimbursement of account. (1) After
advanced environmental mitigation is conducted from funds
in the advanced environmental mitigation revolving account,
the advanced environmental mitigation sites must be managed in accordance with any permits, agreements, or other
legal documents under which the subject advanced environmental mitigation is conducted.
(2) When the department or any of its transportation
partners proceeds with the construction of a transportation
project that will use advanced environmental mitigation sites
to meet the environmental mitigation needs of a project, the
advanced environmental mitigation revolving account shall
be reimbursed from those transportation project funds
appropriated for the use of the advanced environmental
mitigation sites. Reimbursements to the advanced environmental mitigation revolving account must be paid at a rate
that captures:
(a) Projected land acquisition costs for environmental
mitigation for the subject transportation project;
(b) Advanced environmental mitigation site development
costs;
(2002 Ed.)
47.12.330
(c) Advanced environmental mitigation site operational
costs (e.g., site monitoring);
(d) Administrative costs for the management of the
advanced environmental revolving account.
These costs must be adjusted based on inflation, as
appropriate.
When only a portion of an advanced environmental
mitigation site is used, the reimbursement rate charged to the
purchasing party will be prorated for the portion used.
[1997 c 140 § 4.]
Intent—1997 c 140: See note following RCW 47.12.330.
47.12.360 Advanced environmental mitigation—
Reports. By January 1st of each odd-numbered year, the
department shall report to the legislative transportation
committee and the office of financial management:
(1) Which properties were purchased and why;
(2) Expenditures for the acquired parcels; and
(3) Estimated savings from these actions. [1997 c 140
§ 5.]
Intent—1997 c 140: See note following RCW 47.12.330.
47.12.370 Environmental mitigation—Exchange
agreements. (1) The department may enter into exchange
agreements with local, state, or federal agencies, tribal
governments, or private nonprofit groups incorporated in this
state that are organized for environmental conservation
purposes, to convey properties under the jurisdiction of the
department that serve as environmental mitigation sites, as
full or part consideration for the grantee assuming all future
maintenance and operation obligations and costs required to
maintain and operate the environmental mitigation site in
perpetuity.
(2) Tribal governments shall only be eligible to participate in an exchange agreement if they:
(a) Provide the department with a valid waiver of their
tribal sovereign immunity from suit. The waiver must allow
the department to enforce the terms of the exchange agreement or quitclaim deed in state court; and
(b) Agree that the property shall not be placed into trust
status.
(3) The conveyances must be by quitclaim deed executed by the secretary of transportation, and must expressly
restrict the use of the property to a mitigation site consistent
with preservation of the functions and values of the site, and
must provide for the automatic reversion to the department
if the property is not used as a mitigation site or is not
maintained in a manner that complies with applicable
permits, laws, and regulations pertaining to the maintenance
and operation of the mitigation site. [2002 c 188 § 1.]
Chapter 47.14
RIGHT OF WAY DONATIONS
Sections
47.14.010
47.14.020
47.14.030
47.14.040
47.14.050
47.14.900
47.14.910
Legislative finding, intent.
Definitions.
Credit against transportation benefit district assessment.
Advertising signs on donated parcel.
Department’s duties.
Construction.
Severability—1987 c 267.
[Title 47 RCW—page 75]
47.14.010
Title 47 RCW: Public Highways and Transportation
47.14.010 Legislative finding, intent. The legislature
finds that in numerous areas throughout the state, rapid
expansion of residential, commercial, industrial, and business
activities is producing increased traffic levels. The legislature further finds that many property owners have exhibited
a willingness to donate real property or property rights for
transportation improvements to accommodate such increases
in traffic. The legislature recognizes that the cost of right of
way acquisition is often a significant, and even a prohibitive
cost element in many transportation improvement projects.
The legislature seeks to encourage the voluntary
donation of right of way to the state, counties, cities, and
towns for transportation improvements recognizing that such
donations can result in direct benefits to property owners,
developers, and the community at large.
It is the intent of the legislature to further facilitate the
department of transportation’s authority under RCW
47.12.010, 47.24.030, and 47.52.050 to accept donations of
right of way for state transportation purposes. The legislature further intends to facilitate the authority of a city,
town, or county to accept donations of right of way for other
transportation purposes.
The legislature therefore declares it to be in the best interest and welfare of the citizens of Washington for the state
department of transportation, and for counties, cities, and
towns to actively foster and encourage donations of right of
way by willing donors in all areas where transportation
improvements are to be made. In addition, and in lieu of
monetary compensation for property needed for right of way
purposes, the legislature seeks to provide incentives to
potential donors such as are set forth in RCW 47.14.030 and
47.14.040. [1987 c 267 § 1.]
47.14.020 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Right of way" means the area of land designated
for transportation purposes.
(2) "Airspace" means the space above and below the
gradeline of all highways, roads, and streets, and the area
alongside the traveled way and within approved right of way
lines. [1987 c 267 § 2.]
47.14.030 Credit against transportation benefit
district assessment. The governing body of a transportation
benefit district may give credit for all or any portion of any
real property donation against an assessment, charge, or
other required financial contribution for transportation
improvements within a transportation benefit district established under RCW 36.73.020 or 35.21.225. The credit
granted shall be available against any assessment, charge or
other required financial contribution for any transportation
purpose which utilizes the donated property. [1987 c 267 §
3.]
47.14.040 Advertising signs on donated parcel. The
department or the county, city, or town to which the right of
way is donated shall, upon request, grant the donor an
airspace lease or a permit for the purpose of erecting or
maintaining, or both, one or more signs advertising a
business of the donor that is conducted on premises adjacent
to the donated parcel unless the sign or signs would be
[Title 47 RCW—page 76]
detrimental to the safety and operation of the highway, road,
or street. This provision applies to all highways, roads, and
streets other than limited access highways and streets, where
it applies only until the donated parcel becomes part of a
completed operating facility. Except as provided in this
section, any such sign shall conform to the requirements of
all other applicable federal, state, and local laws and ordinances. The lease agreement or permit shall take into
consideration applicable county and city zoning ordinances
and may provide for compensation for removal of the sign
in accordance with applicable federal, state, and local laws
and ordinances. The lease agreement or permit shall specify
the conditions for signage. [1987 c 267 § 4.]
47.14.050 Department’s duties. The department
shall:
(1) Give priority to the refinement and modification of
right of way procedures and policies dealing with donation;
(2) Reduce or simplify paperwork requirements resulting
from right of way procurement;
(3) Increase communication and education efforts as a
means to solicit and encourage voluntary right of way
donations;
(4) Enhance communication and coordination with local
governments through agreements of understanding that
address state acceptance of right of way donations secured
under zoning, use permits, subdivision, and associated police
power authority of local government. [1998 c 245 § 96;
1987 c 267 § 5.]
47.14.900 Construction. Nothing in this chapter may
be construed to contravene the requirements of chapter 8.26
RCW. [1987 c 267 § 6.]
47.14.910 Severability—1987 c 267. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1987 c 267 § 12.]
Chapter 47.17
STATE HIGHWAY ROUTES
Sections
47.17.001
47.17.005
47.17.010
47.17.015
47.17.020
47.17.025
47.17.030
47.17.035
47.17.040
47.17.045
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47.17.055
47.17.060
47.17.065
47.17.070
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47.17.081
47.17.085
Criteria for changes to system.
State route No. 2.
State route No. 3.
State route No. 4.
State route No. 5.
State route No. 6.
State route No. 7.
State route No. 8.
State route No. 9.
State route No. 10.
State route No. 11.
State route No. 12.
State route No. 14.
State route No. 16.
State route No. 17.
State route No. 18.
State route No. 19.
State route No. 20.
State route No. 20 north.
State route No. 21.
(2002 Ed.)
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Chapter 47.17
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[Title 47 RCW—page 77]
Chapter 47.17
47.17.770
47.17.780
47.17.785
47.17.795
47.17.797
47.17.800
47.17.805
47.17.806
47.17.807
47.17.808
47.17.815
47.17.818
47.17.819
47.17.820
47.17.821
47.17.823
47.17.824
47.17.825
47.17.835
47.17.840
47.17.845
47.17.850
47.17.855
47.17.917
47.17.919
47.17.960
47.17.990
Latitude in
Title 47 RCW: Public Highways and Transportation
State route No. 536.
State route No. 538.
State route No. 539.
State route No. 542.
State route No. 543.
State route No. 544.
State route No. 546.
State route No. 547.
State route No. 548.
State route No. 599.
State route No. 702.
State route No. 704.
State route No. 705.
State route No. 706—Road to Paradise.
State route No. 730.
State route No. 821.
State route No. 823.
State route No. 900.
State route No. 902.
State route No. 903.
State route No. 904.
State route No. 906.
State route No. 908.
State route No. 970.
State route No. 971.
Local bridges—Department responsibility.
Construction—Refunds to counties composed of islands.
selecting route: RCW 47.28.010.
47.17.001 Criteria for changes to system. In
considering whether to make additions, deletions, or other
changes to the state highway system, the legislature shall be
guided by the following criteria as contained in the Road
Jurisdiction Committee Phase I report to the legislature dated
January 1987:
(1) A rural highway route should be designated as a
state highway if it meets any of the following criteria:
(a) Is designated as part of the national system of
interstate and defense highways (popularly called the
interstate system); or
(b) Is designated as part of the system of numbered
United States routes; or
(c) Contains an international border crossing that is open
twelve or more hours each day.
(2) A rural highway route may be designated as a state
highway if it is part of an integrated system of roads and:
(a) Carries in excess of three hundred thousand tons
annually and provides primary access to a rural port or
intermodal freight terminal;
(b) Provides a major cross-connection between existing
state highways;
(c) Connects places exhibiting one or more of the
following characteristics:
(i) A population center of one thousand or greater;
(ii) An area or aggregation of areas having a population
equivalency of one thousand or more, such as, but not
limited to, recreation areas, military installations, and so
forth;
(iii) A county seat;
(iv) A major commercial-industrial terminal in a rural
area with a population equivalency of one thousand or
greater; or
(d) Is designated as a scenic and recreational highway.
(3) An urban highway route that meets any of the
following criteria should be designated as part of the state
highway system:
[Title 47 RCW—page 78]
(a) Is designated as part of the interstate system;
(b) Is designated as part of the system of numbered
United States routes;
(c) Is an urban extension of a rural state highway into
or through an urban area and is necessary to form an
integrated system of state highways;
(d) Is a principal arterial that is a connecting link
between two state highways and serves regionally oriented
through traffic in urbanized areas with a population of fifty
thousand or greater, or is a spur that serves regionally
oriented traffic in urbanized areas.
(4) The following guidelines are intended to be used as
a basis for interpreting and applying the criteria to specific
routes:
(a) For any route wholly within one or more contiguous
jurisdictions which would be proposed for transfer to the
state highway system under these criteria, if local officials
prefer, responsibility will remain at the local level.
(b) State highway routes maintain continuity of the
system by being composed of routes that join other state
routes at both ends or to arterial routes in the states of
Oregon and Idaho and the Province of British Columbia.
(c) Public facilities may be considered to be served if
they are within approximately two miles of a state highway.
(d) Exceptions may be made to include:
(i) Rural spurs as state highways if they meet the
criteria relative to serving population centers of one thousand
or greater population or activity centers with population
equivalencies or an aggregated population of one thousand
or greater;
(ii) Urban spurs as state highways that provide needed
access to Washington state ferry terminals, state parks, major
seaports, and trunk airports; and
(iii) Urban connecting links as state highways that
function as needed bypass routing of regionally oriented
through traffic and benefit truck routing, capacity alternative,
business congestion, and geometric deficiencies.
(e) In urban and urbanized areas:
(i) Unless they are significant regional traffic generators,
public facilities such as state hospitals, state correction centers, state universities, ferry terminals, and military bases do
not constitute a criteria for establishment of a state highway;
and
(ii) There may be no more than one parallel nonaccess
controlled facility in the same corridor as a freeway or
limited access facility as designated by the metropolitan
planning organization.
(f) When there is a choice of two or more routes
between population centers, the state route designation shall
normally be based on the following considerations:
(i) The ability to handle higher traffic volumes;
(ii) The higher ability to accommodate further development or expansion along the existing alignment;
(iii) The most direct route and the lowest travel time;
(iv) The route that serves traffic with the most interstate,
statewide, and interregional significance;
(v) The route that provides the optimal spacing between
other state routes; and
(vi) The route that best serves the comprehensive plan
for community development in those areas where such a plan
has been developed and adopted.
(2002 Ed.)
State Highway Routes
47.17.001
(g) A route designated in chapter 47.39 RCW as a
scenic and recreational highway may be designated as a state
highway in addition to a parallel state highway route. [1993
c 430 § 1; 1990 c 233 § 1.]
northwesterly to the east of Lake Samish, thence northeasterly and northerly by way of Bellingham to the international
boundary line in the vicinity of Blaine in Whatcom county.
[1970 ex.s. c 51 § 5.]
47.17.005 State route No. 2. A state highway to be
known as state route number 2 is established as follows:
Beginning at a junction with state route number 5 in
Everett, thence easterly by way of Monroe, Stevens Pass,
and Leavenworth to a junction with state route number 97 in
the vicinity of Peshastin; also
From a junction with state route number 97 in the
vicinity of Peshastin, thence easterly by way of Wenatchee,
to a junction with state route number 97 in the vicinity of
Orondo, thence easterly by way of Waterville, Wilbur, and
Davenport to a junction with state route number 90 in the
vicinity west of Spokane; also
Beginning at a junction with state route number 90 at
Spokane, thence northerly to a junction with state route
number 395 in the vicinity north of Spokane; also
From a junction with state route number 395 in the
vicinity north of Spokane, thence northerly to a junction with
state route number 20 at Newport; also
From a junction with state route number 20 at Newport,
thence easterly to the Washington-Idaho boundary line.
[1997 c 155 § 1; 1987 c 199 § 1; 1970 ex.s. c 51 § 2.]
47.17.025 State route No. 6. A state highway to be
known as state route number 6 is established as follows:
Beginning at a junction with state route number 101 at
Raymond, thence easterly by the most feasible route to a
junction with state route number 5 at Chehalis. [1970 ex.s.
c 51 § 6.]
Purpose—1970 ex.s. c 51: "This act is intended to assign state route
numbers to existing state highways duly established by prior legislative act
in lieu of primary state highway numbers and secondary state highway
numbers. Nothing contained herein is intended to add any new section of
highway to the state highway system or delete any section of highway from
the state highway system." [1970 ex.s. c 51 § 179.]
47.17.010 State route No. 3. A state highway to be
known as state route number 3 is established as follows:
Beginning at a junction with state route number 101 at
Shelton, thence northeasterly to a junction with state route
number 302 at Allyn; also
From that junction with state route number 302 at Allyn,
thence northeasterly to a junction with state route number
106 in the vicinity of Belfair; also
From that junction with state route number 106 in the
vicinity of Belfair, thence northeasterly by the most feasible
route to Bremerton, thence northerly and easterly by the
most feasible route in the vicinity of Poulsbo to a junction
with state route number 104 in the vicinity of Port Gamble.
[1970 ex.s. c 51 § 3.]
47.17.015 State route No. 4. A state highway to be
known as state route number 4 is established as follows:
Beginning at a junction with state route number 101 in
the vicinity of a location known as Johnson’s Landing, in
Pacific county, thence southeasterly by the most feasible
route by way of Kelso to a junction with state route number
5. [1970 ex.s. c 51 § 4.]
47.17.020 State route No. 5. A state highway to be
known as state route number 5 is established as follows:
Beginning at the Washington-Oregon boundary line on
the interstate bridge over the Columbia river at Vancouver,
thence northerly by way of Kelso, Chehalis, Centralia,
Olympia, Tacoma, Seattle, Everett and Mt. Vernon, thence
(2002 Ed.)
47.17.030 State route No. 7. A state highway to be
known as state route number 7 is established as follows:
Beginning at a junction with state route number 12 in
the vicinity of Morton, thence northerly to a junction with
state route number 706 at Elbe; also
From that junction with state route number 706 at Elbe,
thence northerly to a junction with state route number 5 at
Tacoma. [1970 ex.s. c 51 § 7.]
47.17.035 State route No. 8. A state highway to be
known as state route number 8 is established as follows:
Beginning at a junction with state route number 12 in
the vicinity of Elma, thence easterly to a junction with state
route number 101 west of Olympia. [1987 c 199 § 2; 1970
ex.s. c 51 § 8.]
47.17.040 State route No. 9. A state highway to be
known as state route number 9 is established as follows:
Beginning at a junction with state route number 522
north of Woodinville, thence northerly by way of
Snohomish, Arlington and Sedro Woolley to a junction with
state route number 542, in the vicinity of Deming; also
Beginning at a junction with state route number 542, in
the vicinity of Lawrence, thence northerly to the international
boundary at Sumas. [1970 ex.s. c 51 § 9.]
47.17.045 State route No. 10. A state highway to be
known as state route number 10 is established as follows:
Beginning at a junction with state route number 970 at
Teanaway junction thence easterly to a junction with state
route number 97 west of Ellensburg. [1987 c 199 § 3; 1975
c 63 § 14; 1971 ex.s. c 73 § 1; 1970 ex.s. c 51 § 10.]
47.17.050 State route No. 11. A state highway to be
known as state route number 11 is established as follows:
Beginning at a junction with state route number 5 in the
vicinity of Burlington, thence northerly by way of Blanchard
to a junction with state route number 5 at Bellingham.
[1987 c 199 § 4; 1970 ex.s. c 51 § 11.]
47.17.055 State route No. 12. A state highway to be
known as state route number 12 is established as follows:
Beginning at a junction with state route number 101 at
Aberdeen, thence easterly by way of Montesano and Elma
to a junction with state route number 8 in the vicinity of
Elma; also
[Title 47 RCW—page 79]
47.17.055
Title 47 RCW: Public Highways and Transportation
From that junction with state route number 8 in the
vicinity of Elma, thence southeasterly to a junction with state
route number 5 in the vicinity north of Centralia; also
Beginning at a junction with state route number 5 in the
vicinity south of Chehalis, thence easterly by way of Morton
and White Pass to a junction with state route number 410
northwest of Yakima; also
From that junction with state route number 410 northwest of Yakima, thence southeasterly to a junction with state
route number 82 at Yakima; also
Beginning at a junction with state route number 182
near Pasco, thence southeasterly by the most feasible route
by way of Wallula to Walla Walla, thence northerly by way
of Dayton to a junction with state route number 127 at
Dodge; also
From that junction with state route number 127 in the
vicinity of Dodge, thence easterly by the most feasible route
by way of Pomeroy and Clarkston to the Washington-Idaho
boundary line. [1985 c 177 § 1; 1983 c 180 § 1; 1970 ex.s.
c 51 § 12.]
47.17.060 State route No. 14. A state highway to be
known as state route number 14 is established as follows:
Beginning at a junction with state route number 5 at
Vancouver, thence easterly by way of Stevenson to a
junction with state route number 97 in the vicinity of
Maryhill; also
Beginning at a junction with state route number 97 in
the vicinity of Maryhill, thence easterly along the north bank
of the Columbia river to a junction with state route number
82 in the vicinity of Plymouth. [1985 c 177 § 2; 1970 ex.s.
c 51 § 13.]
47.17.065 State route No. 16. A state highway to be
known as state route number 16 is established as follows:
Beginning at a junction with state route number 5 at
Tacoma, thence northwesterly by way of the Tacoma
Narrows Bridge to a junction with state route number 3 in
the vicinity of Gorst. [1987 c 199 § 5; 1973 1st ex.s. c 151
§ 1; 1970 ex.s. c 51 § 14.]
47.17.070 State route No. 17. A state highway to be
known as state route number 17 is established as follows:
Beginning at a junction with state route number 395 in
the vicinity of Mesa, thence northwesterly by way of the
vicinity of Moses Lake, and Soap Lake, to a junction with
state route number 2 west of Coulee City; also
From a junction with state route number 2 in the
vicinity west of Coulee City, thence northerly by way of the
vicinity of Leahy, crossing the Columbia river in the vicinity
of Bridgeport, thence northwesterly to a junction with state
route number 97 east of Brewster. [1979 ex.s. c 33 § 1;
1970 ex.s. c 51 § 15.]
47.17.075 State route No. 18. A state highway to be
known as state route number 18 is established as follows:
Beginning at a junction with state route number 99 in
the vicinity of northeast Tacoma, thence northeasterly by
way of Auburn to a junction with state route number 90 west
of North Bend. [1987 c 199 § 6; 1970 ex.s. c 51 § 16.]
[Title 47 RCW—page 80]
47.17.077 State route No. 19. A state highway to be
known as state route number 19 is established as follows:
Beginning at a junction with state route number 104,
thence northerly to a junction with state route number 20
near Old Fort Townsend state park. [1991 c 342 § 1.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.080 State route No. 20. A state highway to be
known as state route number 20 is established as follows:
Beginning at a junction with state route number 101 in
the vicinity of Discovery Bay, thence northeasterly via the
most feasible route to Port Townsend; also
From the state ferry terminal at Port Townsend via the
state ferry system northeasterly to the state ferry terminal at
Keystone; also
From the Keystone ferry dock on Whidbey Island,
thence northeasterly by the most feasible route by way of
Deception Pass, Burlington, Sedro Woolley, Concrete,
Newhalem, Winthrop, Twisp, Okanogan, Tonasket, Republic,
Kettle Falls, Colville, and Tiger; thence southerly and
southeasterly to a junction with state route number 2 at
Newport. [1994 c 209 § 1; 1973 1st ex.s. c 151 § 13; 1970
ex.s. c 51 § 17.]
47.17.081 State route No. 20 north. A state highway
to be known as state route number 20 north is established as
follows:
Beginning at a junction with state route number 20 in
the vicinity southeast of Anacortes, thence northwesterly to
the state ferry terminal at Anacortes; also
From the state ferry terminal at Anacortes via the state
ferry system to the state ferry terminals at Lopez Island,
Shaw Island, Orcas Island, and Friday Harbor. [1994 c 209
§ 2; 1973 1st ex.s. c 151 § 17.]
47.17.085 State route No. 21. A state highway to be
known as state route number 21 is established as follows:
Beginning at a junction with state route number 260 in
Kahlotus, thence northerly by the most feasible route,
crossing state route number 26, and continuing northerly to
a junction with state route number 395 in the vicinity of
Lind; also
Beginning at a junction with state route number 395 in
the vicinity of Lind, thence northerly by the most feasible
route by way of Odessa to a junction with state route
number 2 in the vicinity west of Wilbur; also
Beginning at a junction with state route number 2 at
Wilbur, thence northerly by the most feasible route to a
junction with state route number 20 at Republic; also
Beginning at a junction with state route number 20 east
of Republic, thence northeasterly by the most feasible route
to the east of Curlew lake by way of Curlew to the international boundary line in the vicinity of Danville. [1983 c 79
§ 1; 1975 c 63 § 1; 1970 ex.s. c 51 § 18.]
47.17.090 State route No. 22. A state highway to be
known as state route number 22 is established as follows:
Beginning at a junction with state route number 82,
thence southerly to a junction of state route number 97 in the
vicinity of Toppenish; also
(2002 Ed.)
State Highway Routes
47.17.090
From a junction with state route number 97 at
Toppenish, thence southeasterly by way of Mabton to a
junction with state route number 82 at Prosser. [1987 c 199
§ 7; 1970 ex.s. c 51 § 19.]
From that junction with state route number 281 at
Quincy, thence easterly by way of Ephrata and Odessa to a
junction with state route number 2 at Davenport. [1970 ex.s.
c 51 § 25.]
47.17.095 State route No. 23. A state highway to be
known as state route number 23 is established as follows:
Beginning at a junction with state route number 195 in
the vicinity north of Colfax, thence northwesterly to a
junction with state route number 90 at Sprague; also
From that junction with state route number 90 at
Sprague, thence northwesterly to a junction with state route
number 28 at Harrington. [1987 c 199 § 8; 1970 ex.s. c 51
§ 20.]
47.17.130 State route No. 31. A state highway to be
known as state route number 31 is established as follows:
Beginning at a junction with state route number 20 at
Tiger, thence northerly by way of Metaline Falls to the
international boundary. [1973 1st ex.s. c 151 § 14; 1970
ex.s. c 51 § 27.]
47.17.100 State route No. 24. A state highway to be
known as state route number 24 is established as follows:
Beginning at a junction with state route number 82 at
Yakima, thence easterly and northerly via Cold Creek and
Vernita to a junction with state route number 26 in the
vicinity of Othello. [1970 ex.s. c 51 § 21.]
47.17.132 State route No. 35. A state highway to be
known as state route number 35 is established as follows:
Beginning at the Washington-Oregon boundary line
thence northerly to a junction with state route number 14 in
the vicinity of White Salmon; however, until such time as a
bridge across the Columbia River is constructed at a location
adopted by the transportation commission no existing route
may be maintained or improved by the transportation
commission as a temporary route for state route number 35.
[1997 c 308 § 1.]
47.17.105 State route No. 25. A state highway to be
known as state route number 25 is established as follows:
Beginning at a junction with state route number 2 at
Davenport, thence northerly by the most feasible route to a
junction with state route number 395 in the vicinity of Kettle
Falls, thence northeasterly by the most feasible route to international boundary line. [1970 ex.s. c 51 § 22.]
47.17.133 State route No. 41. A state highway to be
known as state route number 41 is established as follows:
Beginning at a junction with state route number 2 in
Newport, thence southerly along the Washington-Idaho
boundary line to Fourth Street in Newport. [1997 c 155 §
2.]
47.17.110 State route No. 26. A state highway to be
known as state route number 26 is established as follows:
Beginning at a junction with state route number 90 in
the vicinity of the east end of the Vantage bridge, thence
southerly, parallel to the east bank of the Columbia river for
a distance of approximately two and one-half miles, thence
southeasterly to the vicinity of Othello, thence easterly to a
junction with state route number 395, thence easterly by way
of the vicinity of Washtucna and Dusty to a junction with
state route number 195 in the vicinity of Colfax. [1979 ex.s.
c 33 § 2; 1970 ex.s. c 51 § 23.]
47.17.135 State route No. 82. A state highway to be
known as state route number 82 is established as follows:
Beginning at a junction with state route number 90 in
the vicinity of Ellensburg, thence southerly and easterly by
way of Yakima, Union Gap, Sunnyside, Prosser, Kiona, and
Goose Gap west of Richland, thence southeasterly near
Kennewick and southwesterly by way of the vicinity of
Plymouth to a crossing of the Columbia river at the Washington-Oregon boundary line. [1979 ex.s. c 33 § 3; 1970
ex.s. c 51 § 28.]
47.17.115 State route No. 27. A state highway to be
known as state route number 27 is established as follows:
Beginning at a junction with state route number 195 in
the vicinity of Pullman, thence northerly to a junction with
state route number 271 in the vicinity of Oakesdale; also
From a junction with state route number 271 at
Oakesdale, thence northerly by way of Tekoa, Latah,
Fairfield, and Rockford to a junction with state route number
290 in the vicinity of Millwood. [1991 c 342 § 2; 1979 ex.s.
c 195 § 1; 1975 c 63 § 2; 1970 ex.s. c 51 § 24.]
47.17.140 State route No. 90—American Veterans
Memorial Highway. A state highway to be known as state
route number 90 and designated as the American Veterans
Memorial Highway is established as follows:
Beginning at a junction with state route number 5,
thence, via the west approach to the Lake Washington bridge
in Seattle, in an easterly direction by way of Mercer Island,
North Bend, Snoqualmie pass, Ellensburg, Vantage, Moses
Lake, Ritzville, Sprague and Spokane to the WashingtonIdaho boundary line. [1991 c 56 § 2; 1971 ex.s. c 73 § 2;
1970 ex.s. c 51 § 29.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.120 State route No. 28. A state highway to be
known as state route number 28 is established as follows:
Beginning at a junction with state route number 2 in the
vicinity east of Wenatchee, thence southeasterly to a junction
with state route number 281 at Quincy; also
(2002 Ed.)
Purpose—1991 c 56: "In order to create a great memorial and tribute
to American veterans, it is proposed that the Washington state portion of
Interstate 90 be renamed in their honor, to become the westernmost portion
of a memorial highway reaching across the United States." [1991 c 56 § 1.]
47.17.145 State route No. 92. A state highway to be
known as state route number 92 is established as follows:
[Title 47 RCW—page 81]
47.17.145
Title 47 RCW: Public Highways and Transportation
Beginning at a junction with state route number 9
northeast of Everett, thence northeasterly by the most
feasible route to Granite Falls. [1970 ex.s. c 51 § 30.]
47.17.153 State route No. 96. A state highway to be
known as state route number 96 is established as follows:
Beginning at a junction with state route number 5 in the
vicinity south of Everett, thence easterly to a junction with
state route number 9 in the vicinity of Ree’s Corner. [1991
c 342 § 3.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.155 State route No. 97. A state highway to be
known as state route number 97 is established as follows:
Beginning at the Washington-Oregon boundary on the
interstate bridge across the Columbia river at Biggs Rapids,
thence in a northerly direction to the junction with state
route number 14 in the vicinity of Maryhill, thence in a
northerly direction by way of Goldendale, thence northeasterly by way of Satus Pass to a junction with state route
number 22 at Toppenish, thence northwesterly south of the
Yakima river to a junction with state route number 82 at
Union Gap; also
Beginning at a junction with state route number 90 in
the vicinity of Ellensburg, thence northeasterly by way of
Swauk Pass to a junction with state route number 2 in the
vicinity of Peshastin; also
Beginning at a junction with state route number 2 in the
vicinity north of Orondo, thence northerly by way of the
vicinities of Chelan, Pateros, Brewster, Okanogan, and
Oroville to the international boundary line. [1987 c 199 § 9;
1984 c 7 § 131; 1975 c 63 § 3; 1973 1st ex.s. c 151 § 2;
1970 ex.s. c 51 § 32.]
47.17.163 State route No. 100. A state highway to be
known as state route number 100 is established as follows:
Beginning at a junction with state route number 101 in
Ilwaco, thence westerly and southerly to Fort Canby state
park; also
Beginning at a junction with state route number 100 in
Ilwaco, thence southerly to Fort Canby state park. [1991 c
342 § 4.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.165 State route No. 101. A state highway to be
known as state route number 101 is established as follows:
Beginning at the Oregon boundary on the interstate
bridge at Point Ellis, thence northwesterly by way of Ilwaco
to a junction with state route number 4 in the vicinity of a
location known as Johnson’s Landing in Pacific county; also
From that junction with state route number 4 in the
vicinity of a location known as Johnson’s Landing, in Pacific
county, thence northerly by way of South Bend to a junction
with state route number 6 at Raymond; also
From that junction with state route number 6 at Raymond, thence northerly by way of Cosmopolis to a junction
with state route number 12 at Aberdeen; also
From that junction with state route number 12 at
Aberdeen, thence westerly to Hoquiam, thence northwesterly
by way of Lake Quinault to Forks, thence easterly by way
of Port Angeles to the vicinity of Discovery Bay, thence
southerly by way of Shelton to a junction with state route
number 5 in the vicinity west of Olympia; also
Beginning at a junction with state route number 101 in
the vicinity east of Ilwaco, thence northerly to a junction
with state route number 101 in the vicinity northeast of
Ilwaco. [1987 c 199 § 11; 1970 ex.s. c 51 § 34.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.17.157 State route No. 97-alternate. A state
highway to be known as state route number 97-alternate is
established as follows:
Beginning at a junction with state route number 2 in the
vicinity of Olds, thence northerly by way of Entiat to a
junction with state route number 97 in the vicinity east of
Chelan. [1987 c 199 § 10.]
47.17.160 State route No. 99. A state highway to be
known as state route number 99 is established as follows:
Beginning at a junction with state route number 18 in
the vicinity of Federal Way, thence northerly by way of
Midway, Seattle, Edmonds, and Lynnwood to a junction with
state route number 5 in Everett: PROVIDED, That until
state route number 509 is constructed and opened to traffic
on an anticipated ultimate alignment from a junction with
state route number 705 in Tacoma via the Port of Tacoma
industrial area to a junction with state route number 18 in
the vicinity of Federal Way that portion of state route
number 99 between state route number 5 at Fife and state
route number 18 in the vicinity of Federal Way shall remain
on the state highway system. [1979 ex.s. c 33 § 4; 1971
ex.s. c 73 § 3; 1970 ex.s. c 51 § 33.]
[Title 47 RCW—page 82]
47.17.168 State route No. 102. A state highway to be
known as state route number 102 is established as follows:
Beginning at the Washington Corrections Center, thence
northeasterly to a junction of state route number 101 north
of Shelton.
Before award of any construction contract for improvements to state route number 102 under either program A or
program C, the department of transportation shall secure a
portion of the construction cost from Mason county. [1984
c 197 § 1.]
47.17.170 State route No. 103. A state highway to be
known as state route number 103 is established as follows:
Beginning at a junction with state route number 101 at
Seaview, thence northerly by way of Long Beach to
Leadbetter Point state park. [1991 c 342 § 5; 1970 ex.s. c
51 § 35.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.175 State route No. 104. A state highway to be
known as state route number 104 is established as follows:
Beginning at a junction with state route number 101 in
the vicinity south of Discovery Bay, thence southeasterly to
the vicinity of Shine on Hood Canal, thence crossing Hood
Canal to a junction with state route number 3 in the vicinity
of Port Gamble; also
(2002 Ed.)
State Highway Routes
From that junction with state route number 3 in the
vicinity of Port Gamble, thence to Port Gamble, thence
southerly and easterly to the state ferry terminal at Kingston;
also
From the state ferry terminal at Kingston via the state
ferry system easterly to the state ferry terminal at Edmonds;
also
From the state ferry terminal at Edmonds, thence
southeasterly to a junction with state route number 99 in the
vicinity of the Snohomish-King county line; also
Beginning at a junction with state route number 99 in
the vicinity of the Snohomish-King county line, thence
southeasterly to a junction with state route number 522 in
the vicinity of Lake Forest Park. [1994 c 209 § 3; 1970
ex.s. c 51 § 36.]
47.17.180 State route No. 105. A state highway to be
known as state route number 105 is established as follows:
Beginning at a junction with state route number 101 at
Raymond, thence westerly by way of Tokeland and North
Cove to the shore of Grays Harbor north of Westport; also
Beginning at a junction with state route number 105 in
the vicinity south of Westport, thence northeasterly to a
junction with state route number 101 at Aberdeen. [1987 c
199 § 12; 1970 ex.s. c 51 § 37.]
47.17.185 State route No. 106. A state highway to be
known as state route number 106 is established as follows:
Beginning at a junction with state route number 101
near the mouth of the Skokomish river, thence northeasterly
along the southeast shore of Hood Canal to a junction with
state route number 3 in the vicinity of Belfair. [1970 ex.s.
c 51 § 38.]
47.17.190 State route No. 107. A state highway to be
known as state route number 107 is established as follows:
Beginning at a junction with state route number 101
north of Artic, thence northeasterly to a junction with state
route number 12 at Montesano. [1970 ex.s. c 51 § 39.]
47.17.175
47.17.212 State route No. 110. A state highway to be
known as state route number 110 is established as follows:
Beginning at a junction with state route number 101 in
the vicinity north of Forks, thence westerly to the Olympic
national park boundary in the vicinity of La Push; also
Beginning at a junction with state route number 110
near the Quillayute river, thence westerly to the Olympic
national park boundary in the vicinity of Moro. [1991 c 342
§ 6.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.215 State route No. 112. A state highway to be
known as state route number 112 is established as follows:
Beginning at the easterly boundary of the Makah Indian
Reservation, thence easterly by way of Clallam Bay and
Pysht to a junction with state route number 101 in or near
Port Angeles. [1971 ex.s. c 73 § 5; 1970 ex.s. c 51 § 44.]
47.17.216 State route No. 113. A state highway to be
known as state route number 113 is established as follows:
Beginning at a junction with state route number 101 in
the vicinity of Sappho, thence northerly to a junction with
state route number 112 in the vicinity of the Pysht River.
[1991 c 342 § 7.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.217 State route No. 115. A state highway to be
known as state route number 115 is established as follows:
Beginning at Ocean Shores thence in an easterly and
northerly direction by the most feasible route to a junction
with state route number 109 in the vicinity south of Ocean
City. [1973 c 60 § 1.]
47.17.219 State route No. 116. A state highway to be
known as state route number 116 is established as follows:
Beginning at a junction with state route number 19 in
the vicinity of Irondale, thence easterly and northerly to Fort
Flagler state park. [1991 c 342 § 8.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.195 State route No. 108. A state highway to be
known as state route number 108 is established as follows:
Beginning at a junction with state route number 8 in the
vicinity west of McCleary, thence northeasterly to a junction
with state route number 101 south of Shelton. [1973 1st
ex.s. c 151 § 3; 1970 ex.s. c 51 § 40.]
47.17.221 State route No. 117. A state highway to be
known as state route number 117 is established as follows:
Beginning at a junction with state route number 101 in
Port Angeles, thence northerly to the port of Port Angeles at
Marine Drive. [1991 c 342 § 9.]
47.17.200 State route No. 109. A state highway to be
known as state route number 109 is established as follows:
Beginning at a junction with state route number 101 in
Hoquiam, thence northwesterly by way of Ocean City,
Copalis, Pacific Beach, and Moclips to a junction with state
route number 101 in the vicinity of Queets; also a bypass
beginning at a junction with state route number 101 in the
vicinity of the north city limits of Hoquiam, thence southerly
to a junction with state route number 109 in the vicinity of
the west city limits of Hoquiam. [1983 c 180 § 2; 1970
ex.s. c 51 § 41.]
47.17.223 State route No. 119. A state highway to be
known as state route number 119 is established as follows:
Beginning at a junction with state route number 101
near Hoodsport, thence northwesterly to the Mount Rose
development intersection. [1991 c 342 § 10.]
Quinault Tribal Highway: RCW 47.20.710.
(2002 Ed.)
Effective dates—1991 c 342: See note following RCW 47.26.167.
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.225 State route No. 121. A state highway to be
known as state route number 121 is established as follows:
Beginning at a junction with state route number 5 in the
vicinity of Maytown, thence easterly, northerly, and westerly
by way of Millersylvania state park to a junction with state
[Title 47 RCW—page 83]
47.17.225
Title 47 RCW: Public Highways and Transportation
route number 5 south of Tumwater. [1991 c 342 § 11; 1970
ex.s. c 51 § 46.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
Beginning at the Washington-Oregon boundary line in
Asotin county, thence northerly by the most feasible route by
way of Asotin to a junction with state route number 12 at
Clarkston. [1970 ex.s. c 51 § 53.]
47.17.227 State route No. 122. A state highway to be
known as state route number 122 is established as follows:
Beginning at a junction with state route number 12 near
Mayfield dam, thence northeasterly and southerly by way of
Mayfield to a junction with state route number 12 in
Mossyrock. [1991 c 342 § 12.]
47.17.262 State route No. 131. A state highway to be
known as state route number 131 is established as follows:
Beginning at the Gifford Pinchot national forest boundary south of Randle, thence northerly to a junction with state
route number 12 in Randle. [1991 c 342 § 14.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.230 State route No. 123. A state highway to be
known as state route number 123 is established as follows:
Beginning at a junction with state route number 12 in
the vicinity west of White Pass, thence northerly to a
junction with state route number 410 in the vicinity west of
Chinook Pass. [1970 ex.s. c 51 § 47.]
47.17.275 State route No. 141. A state highway to be
known as state route number 141 is established as follows:
Beginning at a wye junction with state route number 14,
the west branch in the vicinity east of Underwood and the
east branch in the vicinity of White Salmon, thence northerly
to the boundary of the Gifford Pinchot National Forest.
[1970 ex.s. c 51 § 56.]
47.17.235 State route No. 124. A state highway to be
known as state route number 124 is established as follows:
Beginning at a junction with state route number 12 in
the vicinity of Burbank, thence northeasterly by the most
feasible route to a point in the vicinity of Eureka, thence
easterly by the most feasible route to a junction with state
route number 125 in the vicinity of Prescott, thence easterly
to a junction with state route number 12 in the vicinity
northeast of Waitsburg.
That portion of state route number 124 lying between
the junction with state route number 12 and the county road
to Ice Harbor Dam to be known as "Ice Harbor Drive".
[1973 1st ex.s. c 151 § 4; 1970 ex.s. c 51 § 48.]
47.17.240 State route No. 125. A state highway to be
known as state route number 125 is established as follows:
Beginning at the Washington-Oregon boundary line
south of Walla Walla, thence northerly to a junction with
state route number 12 at Walla Walla; also
From a junction with state route number 12 at Walla
Walla, thence northerly to a junction with state route number
124 at Prescott. [1979 ex.s. c 33 § 5; 1970 ex.s. c 51 § 49.]
47.17.250 State route No. 127. A state highway to be
known as state route number 127 is established as follows:
Beginning at a junction with state route number 12 in
the vicinity of Dodge, thence northerly to a junction with
state route number 26 in the vicinity of Dusty. [1979 ex.s.
c 33 § 6; 1970 ex.s. c 51 § 51.]
47.17.255 State route No. 128. A state highway to be
known as state route number 128 is established as follows:
Beginning at a junction with state route number 12 in
Clarkston, thence northeasterly and easterly by way of the
Red Wolf crossing to the Idaho state line. [1991 c 342 § 13;
1990 c 108 § 1; 1970 ex.s. c 51 § 52.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.260 State route No. 129. A state highway to be
known as state route number 129 is established as follows:
[Title 47 RCW—page 84]
47.17.280 State route No. 142. A state highway to be
known as state route number 142 is established as follows:
Beginning at a junction with state route number 14 in
the vicinity of Lyle, thence northeasterly by way of Klickitat
to a junction with state route number 97 in the vicinity of
Goldendale. [1970 ex.s. c 51 § 57.]
47.17.285 State route No. 150. A state highway to be
known as state route number 150 is established as follows:
Beginning at Manson, thence southeasterly to the north
of Lake Chelan to a junction with state route number 97alternate at Chelan.
Also beginning at a junction with state route number 97alternate at Chelan southerly to a junction with state route
number 97 in the vicinity of Chelan Station. [1987 c 199 §
13; 1970 ex.s. c 51 § 58.]
47.17.295 State route No. 153. A state highway to be
known as state route number 153 is established as follows:
Beginning at a junction with state route number 97 in
the vicinity of Pateros, thence northerly and westerly by the
most feasible route to a junction with state route number 20
in the vicinity south of Twisp. [1970 ex.s. c 51 § 60.]
47.17.300 State route No. 155. A state highway to be
known as state route number 155 is established as follows:
Beginning at a junction with state route number 2 in the
vicinity north of Coulee City, thence northeasterly to the
boundary of the federal reservation at the Grand Coulee
dam; also
Beginning at the boundary of the federal reservation at
the Grand Coulee dam, thence northwesterly by the most
feasible route by way of Nespelem and Disautel to a junction
with state route number 97 at Omak; also
Beginning at a junction with state route number 155 at
Omak, thence northwesterly crossing the Okanogan river to
a junction with state route number 215 at Omak. [1975 c 63
§ 4; 1970 ex.s. c 51 § 61.]
(2002 Ed.)
State Highway Routes
47.17.305 State route No. 160. A state highway to be
known as state route number 160 is established as follows:
Beginning at a junction with state route number 16 in
the vicinity south of Port Orchard, thence easterly on
Sedgwick Road to the Washington state ferry dock at Point
Southworth; also
From the state ferry terminal at Point Southworth via
the state ferry system easterly to the state ferry terminal at
Vashon Heights; also
From the state ferry terminal at Vashon Heights easterly
via the state ferry system to the state ferry terminal at
Fauntleroy. [1994 c 209 § 4; 1993 c 430 § 2; 1970 ex.s. c
51 § 62; (1991 c 342 § 15 repealed by 1992 c 166 § 31).]
47.17.310 State route No. 161. A state highway to be
known as state route number 161 is established as follows:
Beginning at a junction with state route number 7 in the
vicinity of La Grande, thence northeasterly via Eatonville to
Puyallup, thence northerly to a junction with state route
number 18.
That portion of state route 161 within King county shall
be designated Enchanted Parkway. [1987 c 520 § 1; 1971
ex.s. c 73 § 6; 1970 ex.s. c 51 § 63.]
47.17.315 State route No. 162. A state highway to be
known as state route number 162 is established as follows:
Beginning at a junction with state route number 410 at
Sumner, thence southerly to Orting, thence northeasterly to
a junction with state route number 165 in the vicinity south
of Buckley. [1975 c 63 § 5; 1971 ex.s. c 73 § 7; 1970 ex.s.
c 51 § 64.]
47.17.317 State route No. 163. A state highway to be
known as state route number 163 is established as follows:
Beginning at a junction with state route number 16 in
Tacoma, thence northerly to the Point Defiance ferry
terminal; also
From the state ferry terminal at Point Defiance via the
state ferry system northerly to the state ferry terminal at
Tahlequah. [1994 c 209 § 5; 1991 c 342 § 16.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.320 State route No. 164. A state highway to be
known as state route number 164 is established as follows:
Beginning at a junction with state route number 18 in
the vicinity of Auburn, thence southeasterly to a junction
with state route number 410 at Enumclaw. [1987 c 199 §
14; 1970 ex.s. c 51 § 65.]
47.17.325 State route No. 165. A state highway to be
known as state route number 165 is established as follows:
Beginning at the northwest entrance to Mt. Rainier
National Park, thence northerly to a junction with state route
number 410 at Buckley. [1970 ex.s. c 51 § 66.]
47.17.328 State route No. 166. A state highway to be
known as state route number 166 is established as follows:
Beginning at a junction with state route number 16 in
the vicinity west of Port Orchard, thence northeasterly to the
eastern Port Orchard city limits. [1993 c 430 § 3.]
(2002 Ed.)
47.17.305
47.17.330 State route No. 167. A state highway to be
known as state route number 167 is established as follows:
Beginning at a junction with state route number 5 in the
vicinity of Tacoma, thence easterly by way of the vicinity of
Puyallup and Sumner, thence northerly by way of the
vicinity of Auburn and Kent to a junction with state route
number 900 in the vicinity of Renton. [1991 c 342 § 17;
1979 ex.s. c 33 § 8; 1970 ex.s. c 51 § 67.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.335 State route No. 168. A state highway to be
known as state route number 168 is established as follows:
Beginning at a junction with state route number 410 in
the vicinity of the junction of the Greenwater and White
rivers, thence easterly to a junction with state route number
410 in the vicinity north of Cliffdell. [1970 ex.s. c 51 § 68.]
47.17.340 State route No. 169. A state highway to be
known as state route number 169 is established as follows:
Beginning at a junction with state route number 164 at
Enumclaw, thence northwesterly by way of Summit to a
junction with state route number 900 in the vicinity of
Renton. [1971 ex.s. c 73 § 8; 1970 ex.s. c 51 § 69.]
47.17.345 State route No. 170. A state highway to be
known as state route number 170 is established as follows:
Beginning at a junction with state route number 17 west
of Warden, thence easterly to Warden. [1970 ex.s. c 51 §
70.]
47.17.350 State route No. 171. A state highway to be
known as state route number 171 is established as follows:
Beginning at a junction with state route number 90 west
of Moses Lake, thence northeasterly by way of Moses Lake
to a junction with state route number 28 in the vicinity west
of Odessa. Until such time as state route number 171 is
actually constructed on the location adopted by the department, no existing county roads may be maintained or
improved by the department as a temporary route of state
route number 171. [1984 c 7 § 132; 1970 ex.s. c 51 § 71.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.17.355 State route No. 172. A state highway to be
known as state route number 172 is established as follows:
Beginning at a junction with state route number 2 in the
vicinity of Waterville, thence northerly and easterly by the
most feasible route by way of Mansfield to a junction with
state route number 17 in the vicinity of Leahy. [1970 ex.s.
c 51 § 72.]
47.17.360 State route No. 173. A state highway to be
known as state route number 173 is established as follows:
Beginning at a junction with state route number 17 at
Bridgeport thence northwesterly on the south side of the
Columbia river to a junction with state route number 97 in
the vicinity of Brewster. [1970 ex.s. c 51 § 73.]
47.17.365 State route No. 174. A state highway to be
known as state route number 174 is established as follows:
[Title 47 RCW—page 85]
47.17.365
Title 47 RCW: Public Highways and Transportation
Beginning at a junction with state route number 17 east
of Bridgeport, thence easterly to the boundary of the federal
reservation at Grand Coulee dam; also
Beginning at a junction with state route number 155 at
Grand Coulee, thence southeasterly to a junction with state
route number 21 in the vicinity north of Wilbur; also
A spur beginning at a junction with state route number
174 in the vicinity of the boundary of the federal reservation
at the Grand Coulee dam and extending to Crown Point.
[1987 c 199 § 15; 1970 ex.s. c 51 § 74.]
47.17.370 State route No. 181. A state highway to be
known as state route number 181 is established as follows:
Beginning at a junction with state route number 516 in
the vicinity of Kent, thence northerly to a junction with state
route number 405 in the vicinity of Tukwila. [1991 c 342
§ 18; 1979 ex.s. c 192 § 4; 1971 ex.s. c 73 § 9; 1970 ex.s.
c 51 § 75.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
Effective dates—1979 ex.s. c 192: See note following RCW
44.40.070.
47.17.372 State route No. 182. A state highway to be
known as state route number 182 is established as follows:
Beginning at a junction with state route number 82 in
the vicinity of Goose Gap, thence easterly via Richland to a
junction with state route number 395 in the vicinity of Pasco.
[1979 ex.s. c 33 § 9; 1971 ex.s. c 73 § 10.]
47.17.375 State route No. 193. A state highway to be
known as state route number 193 is established as follows:
Beginning at a junction with state route number 128 in
the vicinity of the Red Wolf crossing, thence westerly to the
port of Wilma. [1991 c 342 § 19; 1990 c 108 § 2; 1984 c
7 § 133; 1970 ex.s. c 51 § 76.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
Severability—1984 c 7: See note following RCW 47.01.141.
47.17.377 State route No. 194. A state highway to be
known as state route number 194 is established as follows:
Beginning at the port of Almota, thence northerly and
easterly to a junction with state route number 195 in the
vicinity of Pullman. [1991 c 342 § 20.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.380 State route No. 195. A state highway to be
known as state route number 195 is established as follows:
Beginning at the Washington-Idaho boundary line
southeast of Uniontown, thence northwesterly and northerly
by way of the vicinity of Pullman, Colfax, and Rosalia to a
junction with state route number 90 at Spokane. [1979 ex.s.
c 33 § 10; 1970 ex.s. c 51 § 77.]
47.17.382 State route No. 197. A state highway to be
known as state route number 197 is established as follows:
Beginning at the Washington-Oregon boundary on the
interstate bridge across the Columbia river in the vicinity of
The Dalles, thence northerly to a junction with state route
number 14. [1979 ex.s. c 33 § 11; 1973 1st ex.s. c 151 § 6.]
47.17.385 State route No. 202. A state highway to be
known as state route number 202 is established as follows:
Beginning at a junction with state route number 522
near Bothell, thence southeasterly to a junction with state
route number 90 in the vicinity of North Bend. [1987 c 199
§ 16; 1970 ex.s. c 51 § 78.]
47.17.390 State route No. 203. A state highway to be
known as state route number 203 is established as follows:
Beginning at a junction with state route number 202 at
Fall City, thence northerly by the most feasible route by way
of Duvall to a junction with state route number 2 at Monroe.
[1970 ex.s. c 51 § 79.]
47.17.395 State route No. 204. A state highway to be
known as state route number 204 is established as follows:
Beginning at a junction with state route number 2 in the
vicinity east of Everett, thence northeasterly to a junction
with state route number 9. [1987 c 199 § 17; 1970 ex.s. c
51 § 80.]
47.17.400 State route No. 205. A state highway to be
known as state route number 205 is established as follows:
Beginning at the Washington-Oregon boundary line in
the vicinity east of Vancouver, thence northwesterly to a
junction with state route number 5 in the vicinity of Salmon
Creek, north of Vancouver. [1970 ex.s. c 51 § 81.]
47.17.405 State route No. 206. A state highway to be
known as state route number 206 is established as follows:
Beginning at a junction with state route number 2 in the
vicinity north of Mead, thence northeasterly to the entrance
to Mt. Spokane State Park. [1987 c 199 § 18; 1970 ex.s. c
51 § 82.]
47.17.410 State route No. 207. A state highway to be
known as state route number 207 is established as follows:
Beginning at a junction with state route number 2 in the
vicinity north of Winton, thence northerly to Lake
Wenatchee state park. [1991 c 342 § 21; 1970 ex.s. c 51 §
83.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.416 State route No. 211. A state highway to be
known as state route number 211 is established as follows:
Beginning at a junction with state route number 2
southwest of Newport, thence northerly by the most feasible
route by way of Sacheen Lake to a junction with state route
number 20 at Usk. [1975 c 63 § 10.]
47.17.417 State route No. 213. A state highway to be
known as state route number 213 is established as follows:
Beginning at a junction with state route number 97 in
the vicinity of Malott, thence northeasterly to a junction with
state route number 20 southwest of Okanogan. Until such
time as this route is actually constructed on the location
adopted by the department, no county roads may be maintained or improved by the department as a temporary route.
[1984 c 7 § 134; 1973 1st ex.s. c 151 § 18.]
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 47 RCW—page 86]
(2002 Ed.)
State Highway Routes
47.17.419 State route No. 215. A state highway to be
known as state route number 215 is established as follows:
Beginning at a junction with state route number 20 in
the vicinity of Okanogan, thence northeasterly on the west
side of the Okanagan river to a junction with state route
number 97 north of Omak. [1973 1st ex.s. c 151 § 19.]
47.17.425 State route No. 221. A state highway to be
known as state route number 221 is established as follows:
Beginning at a junction with state route number 14 in
the vicinity of Patterson, thence northerly to a junction with
state route number 22 in the vicinity of Prosser. [1970 ex.s.
c 51 § 86.]
47.17.430 State route No. 223. A state highway to be
known as state route number 223 is established as follows:
Beginning at a junction with state route number 22 in
the vicinity southeast of Toppenish, thence easterly to a
junction with state route number 12 in the vicinity of
Granger. The establishment of state route number 223 as
defined in this section shall be effective July 1, 1965. [1970
ex.s. c 51 § 87.]
47.17.435 State route No. 224. A state highway to be
known as state route number 224 is established as follows:
Beginning at a junction with state route number 82 at
Kiona, thence northeasterly to a junction with state route
number 240 at Richland. [1987 c 199 § 19; 1970 ex.s. c 51
§ 88.]
47.17.436 State route No. 225. A state highway to be
known as state route number 225 is established as follows:
Beginning at a junction with state route number 224 in
Kiona, thence northeasterly by way of Benton City to a
junction with state route number 240 near Horn Rapids dam.
[1991 c 342 § 22.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.440 State route No. 230. A state highway to be
known as state route number 230 is established as follows:
Beginning at a junction with state route number 90 in
the vicinity of Ritzville, thence easterly by the most feasible
route to a junction with state route number 23 in the vicinity
of Ewan. [1970 ex.s. c 51 § 89.]
47.17.445 State route No. 231. A state highway to be
known as state route number 231 is established as follows:
Beginning at a junction with state route number 23 in
the vicinity northwest of Sprague, thence northerly by way
of Edwall to a junction with state route number 2 in the
vicinity west of Reardan; also
Beginning at a junction with state route number 2 in the
vicinity of Reardan, thence northerly by way of Long Lake
across the Spokane river, thence northeasterly by way of
Springdale to a junction with state route number 395 in the
vicinity of Chewelah. [1970 ex.s. c 51 § 90.]
47.17.455 State route No. 240. A state highway to be
known as state route number 240 is established as follows:
(2002 Ed.)
47.17.419
Beginning at a junction with state route number 24 in
the vicinity east of Cold Creek, thence southeasterly by the
most feasible route across the Atomic Energy Commission
Reservation to a junction with state route number 224 at
Richland; also
From that junction with state route number 224 at
Richland, thence southerly to a junction with state route
number 182 at Richland; also
From a junction with state route number 182 at
Richland southeasterly to a junction with state route number
395 at Kennewick. The secretary may enter into negotiations with appropriate federal agencies to secure right of way
for the highway over and across the Atomic Energy Commission Reservation. [1985 c 177 § 3; 1984 c 7 § 135; 1970
ex.s. c 51 § 92.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.17.460 State route No. 241. A state highway to be
known as state route number 241 is established as follows:
Beginning at a junction with state route number 22 in
Mabton, thence northerly and northeasterly by way of
Sunnyside to a junction with state route number 24. [1991
c 342 § 23; 1987 c 199 § 20; 1970 ex.s. c 51 § 93.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.465 State route No. 243. A state highway to be
known as state route number 243 is established as follows:
Beginning at a junction with state route number 24 north
of its crossing of the Columbia river, thence westerly and
northerly by way of Arrowsmith and Beverly to a junction
with state route number 26 south of the Columbia river
bridge at Vantage. [1970 ex.s. c 51 § 94.]
47.17.475 State route No. 260. A state highway to be
known as state route number 260 is established as follows:
Beginning at a junction with state route number 17 west
of Connell, thence easterly to a junction with state route
number 395 in the vicinity of Connell, thence northeasterly
by way of Kahlotus to a junction with state route number 26
at Washtucna. [1970 ex.s. c 51 § 96.]
47.17.480 State route No. 261. A state highway to be
known as state route number 261 is established as follows:
Beginning at a junction with state route number 12 at
Delaney, thence northwesterly to a junction with state route
number 260 in the vicinity of McAdam; also
Beginning at a junction with state route number 26 at
Washtucna, thence northerly to a junction with state route
number 90 at Ritzville. [1987 c 199 § 21; 1971 ex.s. c 73
§ 12; 1970 ex.s. c 51 § 97.]
47.17.481 State route No. 262. A state highway to be
known as state route number 262 is established as follows:
Beginning at a junction with state route number 26 east
of Royal City, thence northerly and easterly to a junction
with state route number 17 west of Warden. [1991 c 342 §
24.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
[Title 47 RCW—page 87]
47.17.482
Title 47 RCW: Public Highways and Transportation
47.17.482 State route No. 263. A state highway to be
known as state route number 263 is established as follows:
Beginning at the port of Windust, thence easterly and
northerly to a junction with state route number 260 in
Kahlotus. [1991 c 342 § 25.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.485 State route No. 270. A state highway to be
known as state route number 270 is established as follows:
Beginning at a junction with state route number 195 at
Pullman, thence easterly by the most feasible route to a point
on the Washington-Idaho boundary line. [1970 ex.s. c 51 §
98.]
47.17.490 State route No. 271. A state highway to be
known as state route number 271 is established as follows:
Beginning at a junction with state route number 27 in
the vicinity of Oakesdale, thence northwesterly to a junction
with state route number 195 in the vicinity south of Rosalia.
[1970 ex.s. c 51 § 99.]
47.17.495 State route No. 272. A state highway to be
known as state route number 272 is established as follows:
Beginning at a junction with state route number 195 at
Colfax, thence easterly to a junction with state route number
27 at Palouse; also
Beginning at a junction with state route number 27 at
Palouse, thence northeasterly by the most feasible route to a
point on the Washington-Idaho boundary line. [1970 ex.s.
c 51 § 100.]
47.17.500 State route No. 274. A state highway to be
known as state route number 274 is established as follows:
Beginning at a junction with state route number 27 at
Tekoa, thence easterly to the Washington-Idaho boundary
line. [1970 ex.s. c 51 § 101.]
47.17.502 State route No. 276. A state highway to be
known as state route number 276 is established as follows:
Beginning at a junction with state route number 195
west of Pullman, thence easterly and southeasterly to a
junction with state route number 270 east of Pullman. [1973
1st ex.s. c 151 § 7.]
47.17.503 State route No. 278. A state highway to be
known as state route number 278 is established as follows:
Beginning at a junction with state route number 27 in
Rockford, thence easterly and southerly to the WashingtonIdaho boundary. [1991 c 342 § 26.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.505 State route No. 281. A state highway to be
known as state route number 281 is established as follows:
Beginning at a junction with state route number 90 in
the vicinity of George, thence northerly to a junction with
state route number 28 at Quincy; also
Beginning at a junction with state route number 281 at
a point north of the above described junction on state route
number 90, thence in a southeasterly direction to a junction
with state route number 90 in the vicinity east of George,
[Title 47 RCW—page 88]
some 1.6 miles more or less, resulting in a wye connection
between state route number 281 and state route number 90.
[1971 ex.s. c 73 § 13; 1970 ex.s. c 51 § 102.]
47.17.510 State route No. 282. A state highway to be
known as state route number 282 is established as follows:
Beginning at a junction with state route number 28 in
the vicinity of Ephrata, thence southeasterly to a junction
with state route number 17 in the vicinity of Rocky Ford
creek. [1970 ex.s. c 51 § 103.]
47.17.515 State route No. 283. A state highway to be
known as state route number 283 is established as follows:
Beginning at a junction with state route number 281 in
the vicinity of Burke Junction, thence northeasterly by the
most feasible route to a junction with state route number 28
in the vicinity west of Ephrata. [1970 ex.s. c 51 § 104.]
47.17.517 State route No. 285. A state highway to be
known as state route number 285 is established as follows:
Beginning at a junction with state route number 28 in
East Wenatchee, thence westerly across the Columbia river
and northwesterly to a junction with state route number 2 in
Wenatchee. [1991 c 342 § 27; 1977 ex.s. c 224 § 1.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.520 State route No. 290. A state highway to be
known as state route number 290 is established as follows:
Beginning at a junction with state route number 2 in
Spokane, thence northeasterly by way of Millwood,
Trentwood, and Newman Lake to the termination of Idaho
state highway number 53 at the Washington-Idaho boundary
line; also
Beginning at a junction with state route number 90 in
Spokane, thence northerly to a junction with state route
number 290 in the vicinity of Hamilton Street. [1977 ex.s.
c 6 § 1; 1970 ex.s. c 51 § 105.]
47.17.525 State route No. 291. A state highway to be
known as state route number 291 is established as follows:
Beginning at a junction with state route number 2 in
Spokane, thence northwesterly along the north bank of the
Spokane river to the vicinity of Tumtum; and thence
southwesterly along the north shore of Long Lake to a
junction with state route number 231 in the vicinity of the
Little Falls Dam. [1983 c 180 § 4; 1970 ex.s. c 51 § 106.]
47.17.530 State route No. 292. A state highway to be
known as state route number 292 is established as follows:
Beginning at a junction with state route number 231 at
Springdale, thence easterly to a junction with state route
number 395 in the vicinity of Loon Lake. [1970 ex.s. c 51
§ 107.]
47.17.540 State route No. 300. A state highway to be
known as state route number 300 is established as follows:
Beginning at the western boundary of the Belfair State
Park, thence generally easterly to a junction with state route
number 3 at Belfair. [1970 ex.s. c 51 § 109.]
(2002 Ed.)
State Highway Routes
47.17.545 State route No. 302. A state highway to be
known as state route number 302 is established as follows:
Beginning at a junction with state route number 3 in the
vicinity of Allyn, thence easterly to a junction with state
route number 16 in the vicinity of Purdy. [1987 c 199 § 22;
1970 ex.s. c 51 § 110.]
47.17.550 State route No. 303. A state highway to be
known as state route number 303 is established as follows:
Beginning at a junction with state route number 304 at
Bremerton, thence by way of the Warren Avenue bridge
across the Port Washington Narrows northerly to a junction
with state route number 3 in the vicinity north of Silverdale.
[1991 c 342 § 28; 1971 ex.s. c 73 § 14; 1970 ex.s. c 51 §
111.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.556 State route No. 304. A state highway to be
known as state route number 304 is established as follows:
Beginning at a junction with state route number 3 in
Bremerton, thence easterly to the ferry terminal in
Bremerton; also
From the state ferry terminal at Bremerton via the state
ferry system easterly to the junction with state route number
519 at the state ferry terminal in Seattle. [1994 c 209 § 6;
1993 c 430 § 4.]
47.17.560 State route No. 305. A state highway to be
known as state route number 305 is established as follows:
Beginning at the junction with state route number 519
at the state ferry terminal in Seattle, thence via the state
ferry system northwesterly to the state ferry terminal at
Bainbridge Island; also
From the state ferry terminal at Bainbridge Island,
thence northerly by the most feasible route to the north end
of Bainbridge Island, across Agate Pass, thence northwesterly by the most feasible route to a junction with state route
number 3 in the vicinity north of Poulsbo. [1994 c 209 § 7;
1970 ex.s. c 51 § 113.]
47.17.566 State route No. 307. A state highway to be
known as state route number 307 is established as follows:
Beginning at a junction with state route number 305 at
Poulsbo, thence northeasterly to a junction with state route
number 104 near Miller Lake. [1991 c 342 § 29.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.567 State route No. 308. A state highway to be
known as state route number 308 is established as follows:
Beginning at a junction with state route number 3,
thence easterly to Keyport. [1987 c 199 § 23; 1971 ex.s. c
73 § 15.]
47.17.569 State route No. 310. A state highway to be
known as state route number 310 is established as follows:
Beginning at a junction with state route number 3 near
Oyster Bay, thence easterly to a junction with state route
number 304 in Bremerton. [1991 c 342 § 30.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
(2002 Ed.)
47.17.545
47.17.571 State route No. 339. A state highway to be
known as state route number 339 is established as follows:
Beginning at the junction of state route number 160 at
the state ferry terminal at Vashon Heights, thence via the
state ferry system northeasterly to the junction with state
route number 519 at the state ferry terminal in Seattle.
[1994 c 209 § 9.]
47.17.575 State route No. 395. A state highway to be
known as state route number 395 is established as follows:
Beginning at a junction with state route number 82 at
Kennewick, northerly to a junction with state route number
182 at Pasco; also
From a junction with state route number 182 at Pasco,
thence northeasterly by way of the vicinity of Mesa and
Connell to a junction with state route number 90 at Ritzville;
also
From a junction with state route number 2 in the
vicinity north of Spokane, thence northerly by way of the
vicinity of Colville and Kettle Falls to the international
boundary line in the vicinity of Laurier. [1985 c 177 § 4;
1979 ex.s. c 33 § 13; 1970 ex.s. c 51 § 116.]
47.17.577 State route No. 397. A state highway to be
known as state route number 397 is established as follows:
Beginning at Piert Road in the vicinity southeast of
Finely, thence northwesterly and northerly across the
Columbia River, thence easterly and northerly to a junction
with state route number 395 in Pasco. [1993 c 430 § 5;
1991 c 342 § 31.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.580 State route No. 401. A state highway to be
known as state route number 401 is established as follows:
Beginning at Point Ellice on state route number 101,
thence easterly and northerly to a junction with state route
number 4 in the vicinity north of Naselle. [1970 ex.s. c 51
§ 117.]
47.17.595 State route No. 405. A state highway to be
known as state route number 405 is established as follows:
Beginning at a junction with state route number 5 in the
vicinity south of Seattle, thence northeasterly to Renton,
thence northerly east of Lake Washington to a junction with
state route number 5 north of Seattle. [1970 ex.s. c 51 §
120.]
47.17.605 State route No. 409. A state highway to be
known as state route number 409 is established as follows:
Beginning at the South Ferry landing, as now located,
or as it may be relocated, on the south side of Puget Island,
thence generally northerly by the most feasible route to the
Puget Island bridge, thence crossing said bridge to a junction
with state route number 4 at the north approach of said
bridge at the town of Cathlamet: PROVIDED, That the state
of Washington shall not assume or pay any bond or bonds
outstanding against said bridge, or interest on said bonds, but
said bond or bonds, and interest thereon, shall remain the
sole obligation of the obligors named on said bonds. [1970
ex.s. c 51 § 122.]
[Title 47 RCW—page 89]
47.17.610
Title 47 RCW: Public Highways and Transportation
47.17.610 State route No. 410. A state highway to be
known as state route number 410 is established as follows:
Beginning at a junction with state route number 167 at
Sumner, thence easterly by way of Buckley, Enumclaw, and
Chinook Pass, to a junction with state route number 12
northwest of Yakima: PROVIDED, That until such time as
state route number 167 is constructed and opened to traffic
on an anticipated ultimate alignment from a junction with
state route number 5 near Tacoma easterly to Sumner on the
north side of the Puyallup river, the public highway between
state route number 5 in Tacoma and state route number 161
in Sumner, on the south side of the Puyallup river, shall
remain on the state highway system. [1987 c 199 § 24;
1973 1st ex.s. c 151 § 8; 1970 ex.s. c 51 § 123.]
47.17.615 State route No. 411. A state highway to be
known as state route number 411 is established as follows:
Beginning at a junction with state route number 432 in
Longview, thence northerly to a junction with state route
number 5 at Castle Rock. [1991 c 342 § 32; 1970 ex.s. c 51
§ 124.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
it stockpiled at no expense to the state. [1991 c 78 § 1;
1984 c 7 § 136; 1970 ex.s. c 51 § 129.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.17.645 State route No. 502. A state highway to be
known as state route number 502 is established as follows:
Beginning at a junction with state route number 5 in the
vicinity north of Vancouver, thence easterly to a junction
with state route number 503 at Battleground. [1970 ex.s. c
51 § 130.]
47.17.650 State route No. 503. A state highway to be
known as state route number 503 is established as follows:
Beginning at a junction with state route number 500 at
Orchards, thence northerly to a junction with state route
number 502 at Battle Ground, thence northerly to Amboy,
thence northeasterly by way of Cougar to the CowlitzSkamania county line; also
Beginning at a junction with state route number 503 in
the vicinity of Yale, thence westerly to a junction with state
route number 5 in the vicinity of Woodland. [1991 c 342 §
35; 1975 c 63 § 6; 1970 ex.s. c 51 § 131.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.625 State route No. 432. A state highway to be
known as state route number 432 is established as follows:
Beginning at a junction with state route number 4 in the
vicinity west of Longview, thence southeasterly to a junction
with state route number 5 south of Kelso. [1991 c 342 § 33;
1970 ex.s. c 51 § 126.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.630 State route No. 433. A state highway to be
known as state route number 433 is established as follows:
Beginning at the Washington-Oregon boundary on the
interstate bridge at Longview, thence northerly to a junction
with state route number 432 in Longview. [1991 c 342 §
34; 1987 c 199 § 25; 1970 ex.s. c 51 § 127.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.635 State route No. 500. A state highway to be
known as state route number 500 is established as follows:
Beginning at a junction with state route number 5 at
Vancouver, thence northeasterly to Orchards, thence southeasterly to a junction with state route number 14 at Camas.
[1970 ex.s. c 51 § 128.]
47.17.640 State route No. 501—Erwin O. Rieger
Memorial Highway. A state highway to be known as state
route number 501 is established as follows:
Beginning at a junction with state route number 5 at
Vancouver, thence northerly by way of Lower River Road
and an extension thereof to Ridgefield, thence easterly to a
junction with state route number 5 in the vicinity south of La
Center. That portion of state route number 501 from the
northerly junction of N.W. Lower River Road to the
Ridgefield city limits is designated "the Erwin O. Rieger
Memorial Highway." The department may enter into an
agreement with the Port of Vancouver, Clark county, or the
United States Army Engineers, or any combination thereof,
to obtain material dredged from the Columbia river and have
[Title 47 RCW—page 90]
47.17.655 State route No. 504—Spirit Lake Memorial Highway. A state highway to be known as state route
number 504, hereby designated the Spirit Lake Memorial
Highway, dedicated to the memory of those who lost their
lives in the 1980 eruption of Mt. St. Helens, is established
as follows:
Beginning at a junction with state route number 5 in the
vicinity north of Castle Rock, thence easterly along the north
shore of Silver Lake by way of Silverlake and Toutle, past
a junction with state route number 505, thence by way of
Kid Valley and St. Helens to the former Spirit Lake. [1982
c 82 § 1; 1970 ex.s. c 51 § 132.]
47.17.660 State route No. 505. A state highway to be
known as state route number 505 is established as follows:
Beginning in Winlock, thence via Toledo, easterly and
southerly to a junction with state route number 504 in the
vicinity north of Toutle. [1991 c 342 § 36; 1970 ex.s. c 51
§ 133.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.665 State route No. 506. A state highway to be
known as state route number 506 is established as follows:
Beginning at Ryderwood, thence by way of Vader
northeasterly to a junction with state route number 5 west of
Toledo. [1970 ex.s. c 51 § 134.]
47.17.670 State route No. 507. A state highway to be
known as state route number 507 is established as follows:
Beginning at a junction with state route number 5 in
Centralia, thence northerly by the most feasible route by way
of Bucoda to Tenino, thence northeasterly by way of Rainier,
Yelm and McKenna to a junction with state route number 7
in the vicinity south of Tacoma. [1970 ex.s. c 51 § 135.]
(2002 Ed.)
State Highway Routes
47.17.675 State route No. 508. A state highway to be
known as state route number 508 is established as follows:
Beginning at a junction with state route number 5 south
of Chehalis, thence easterly by way of Onalaska to a
junction with state route number 7 at Morton. [1970 ex.s. c
51 § 136.]
47.17.680 State route No. 509. A state highway to be
known as state route number 509 is established as follows:
Beginning at a junction with state route number 705 at
Tacoma, thence northeasterly to a junction with state route
number 99 in the vicinity of Redondo; also
From a junction with state route number 516 at Des
Moines, thence northerly to a junction with state route
number 99 in Seattle. [1991 c 342 § 37; 1979 ex.s. c 33 §
14; 1970 ex.s. c 51 § 137.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.685 State route No. 510. A state highway to be
known as state route number 510 is established as follows:
Beginning at a junction with state route number 5,
thence southeasterly via St. Clair to a junction with state
route number 507 at Yelm. [1970 ex.s. c 51 § 138.]
47.17.690 State route No. 512. A state highway to be
known as state route number 512 is established as follows:
Beginning at a junction with state route number 5 south
of Tacoma, thence easterly to a junction with state route
number 7 south of Tacoma, thence easterly to a junction
with state route number 167 in the vicinity of Puyallup.
[1970 ex.s. c 51 § 139.]
47.17.695 State route No. 513. A state highway to be
known as state route number 513 is established as follows:
Beginning at a junction with state route number 520 in
Seattle, thence northerly and easterly to the vicinity of Sand
Point. [1991 c 342 § 38; 1971 ex.s. c 73 § 16; 1970 ex.s. c
51 § 140.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.705 State route No. 515. A state highway to be
known as state route number 515 is established as follows:
Beginning at a junction with state route number 516 in
the vicinity east of Kent, thence northerly to a junction with
state route number 900 in Renton. [1970 ex.s. c 51 § 142.]
47.17.710 State route No. 516. A state highway to be
known as state route number 516 is established as follows:
Beginning at a junction with state route number 509 in
the vicinity south of Des Moines, thence southeasterly to a
junction with state route number 5; also
From that junction with state route number 5, thence
easterly to a junction with state route number 167 in Kent,
thence easterly to a junction with state route number 169
south of Maple Valley. [1970 ex.s. c 51 § 143.]
47.17.715 State route No. 518. A state highway to be
known as state route number 518 is established as follows:
(2002 Ed.)
47.17.675
Beginning at a junction with state route number 509
near Sunnydale, thence easterly to a junction with state route
number 5 in the vicinity of Seattle. [1970 ex.s. c 51 § 144.]
47.17.717 State route No. 519. A state highway to be
known as state route number 519 is established as follows:
Beginning at a junction with state route number 90 in
Seattle, thence westerly, and northerly to the Washington
state ferry terminal. [1991 c 342 § 39.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.720 State route No. 520. A state highway to be
known as state route number 520 is established as follows:
Beginning at a junction with state route number 5 in
Seattle, thence easterly via the Evergreen Point bridge to a
junction with state route number 202 in the vicinity of
Redmond. [1970 ex.s. c 51 § 145.]
47.17.725 State route No. 522. A state highway to be
known as state route number 522 is established as follows:
Beginning at Seattle in King county, thence easterly by
the most feasible route to the north of Lake Washington by
way of Bothell to a junction with state route number 202
near Bothell; also
From that junction with state route number 202 near
Bothell, thence northeasterly by the most feasible route to a
junction with state route number 2 in the vicinity of Monroe.
[1970 ex.s. c 51 § 146.]
47.17.727 State route No. 523. A state highway to be
known as state route number 523 is established as follows:
Beginning at a junction with state route number 99 and
Northeast 145th Street in Seattle, thence easterly to a
junction with state route number 522. [1991 c 342 § 40.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.730 State route No. 524. A state highway to be
known as state route number 524 is established as follows:
Beginning at a junction with state route number 104 at
Edmonds, thence northeasterly to a junction with state route
number 5 in the vicinity of Lynnwood, thence easterly to a
junction with state route number 522 near Maltby. [1991 c
342 § 41; 1984 c 7 § 137; 1970 ex.s. c 51 § 147.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
Severability—1984 c 7: See note following RCW 47.01.141.
47.17.735 State route No. 525. A state highway to be
known as state route number 525 is established as follows:
Beginning at a junction with state route number 5 in the
vicinity south of Everett, thence northwesterly to the state
ferry terminal at Mukilteo; also
From the junction with state route number 526 at
Mukilteo, thence southerly to a junction with state route
number 525; also
From the state ferry terminal at Mukilteo via the state
ferry system northerly to the state ferry terminal at Clinton;
also
From the state ferry terminal at Clinton, thence northwesterly to a junction with state route number 20 in the
[Title 47 RCW—page 91]
47.17.735
Title 47 RCW: Public Highways and Transportation
vicinity east of Keystone. [2001 c 130 § 1; 1994 c 209 § 8;
1973 1st ex.s. c 151 § 15; 1970 ex.s. c 51 § 148.]
with state route number 5 in the vicinity east of Stanwood.
[1970 ex.s. c 51 § 153.]
47.17.740 State route No. 526. A state highway to be
known as state route number 526 is established as follows:
Beginning at a junction with state route number 525 at
Mukilteo, thence easterly to a junction with state route
number 5 in the vicinity of its junction with state route
number 527. [1970 ex.s. c 51 § 149.]
47.17.765 State route No. 534. A state highway to be
known as state route number 534 is established as follows:
Beginning at a junction with state route number 5 at
Conway, thence southeasterly to a junction with state route
number 9 at McMurray. [1970 ex.s. c 51 § 154.]
47.17.745 State route No. 527. A state highway to be
known as state route number 527 is established as follows:
Beginning at a junction with state route number 522 in
the vicinity of Bothell, thence northerly to a junction with
state route number 5 in the vicinity south of Everett. [1970
ex.s. c 51 § 150.]
47.17.750 State route No. 528. A state highway to be
known as state route number 528 is established as follows:
Beginning at a junction with state route number 5 near
Marysville, thence easterly to a junction with state route
number 9. Until such time as state route number 528 from
Marysville to a junction with state route number 9 is actually
constructed on the location adopted by the department, no
existing city streets or county roads may be maintained or
improved by the department as a temporary route of state
route number 528. [1984 c 7 § 138; 1971 ex.s. c 73 § 18;
1970 ex.s. c 51 § 151.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.17.752 State route No. 529. A state highway to be
known as state route number 529 is established as follows:
Beginning at a junction with state route number 5 in
Everett, thence westerly and northerly through Everett to a
junction with state route number 528 in Marysville. [1991
c 342 § 42; 1971 ex.s. c 73 § 19.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.755 State route No. 530. A state highway to be
known as state route number 530 is established as follows:
Beginning at a junction with state route number 5 in the
vicinity west of Arlington, thence easterly and northerly by
way of Darrington to a junction with state route number 20
in the vicinity of Rockport. [1991 c 342 § 43; 1983 c 131
§ 1; 1971 ex.s. c 73 § 20; 1970 ex.s. c 51 § 152.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.757 State route No. 531. A state highway to be
known as state route number 531 is established as follows:
Beginning at Wenberg state park, thence northerly and
easterly to a junction with state route number 9 in the
vicinity north of Marysville. [1991 c 342 § 44.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.760 State route No. 532. A state highway to be
known as state route number 532 is established as follows:
Beginning at a point on Camano Island known as
McEacherns Corner, thence easterly over a bridge and by
way of Stanwood to a junction with state route number 530
in the vicinity of Stanwood, thence easterly to a junction
[Title 47 RCW—page 92]
47.17.770 State route No. 536. A state highway to be
known as state route number 536 is established as follows:
Beginning at a junction with state route number 20 at
Fredonia, thence easterly to a junction with state route
number 5 at Mt. Vernon. [1973 1st ex.s. c 151 § 16; 1970
ex.s. c 51 § 155.]
47.17.780 State route No. 538. A state highway to be
known as state route number 538 is established as follows:
Beginning at a junction with state route number 5 at Mt.
Vernon, thence easterly to a junction with state route number
9. [1970 ex.s. c 51 § 157.]
47.17.785 State route No. 539. A state highway to be
known as state route number 539 is established as follows:
Beginning at a junction with state route number 5 at
Bellingham, thence northerly to the international boundary in
the vicinity east of Delta. [1970 ex.s. c 51 § 158.]
47.17.795 State route No. 542. A state highway to be
known as state route number 542 is established as follows:
Beginning at a junction with state route number 5 at
Bellingham, thence easterly to a point in the vicinity of
Austin Pass in Whatcom county. [1970 ex.s. c 51 § 160.]
47.17.797 State route No. 543. A state highway to be
known as state route number 543 is established as follows:
Beginning at a junction with state route number 5 in the
vicinity of Blaine, thence northerly to the international
boundary. [1971 ex.s. c 73 § 22.]
47.17.800 State route No. 544. A state highway to be
known as state route number 544 is established as follows:
Beginning at a junction with state route number 539 in
the vicinity of Wiser lake, thence northeasterly by way of
Everson to a junction with state route number 9 in the
vicinity of Nooksack. [1970 ex.s. c 51 § 161.]
47.17.805 State route No. 546. A state highway to be
known as state route number 546 is established as follows:
Beginning at a junction with state route number 539
approximately 2.7 miles south of the international boundary,
thence easterly by way of Van Buren to a junction with state
route number 9. [1970 ex.s. c 51 § 162.]
47.17.806 State route No. 547. A state highway to be
known as state route number 547 is established as follows:
Beginning at the junction of state route number 542 in
the vicinity of Kendall, thence northwesterly to a junction
with state route number 9 at Sumas. [1984 c 197 § 2.]
(2002 Ed.)
State Highway Routes
47.17.807 State route No. 548. A state highway to be
known as state route number 548 is established as follows:
Beginning at a junction with state route number 5 in the
vicinity north of Ferndale, thence westerly and northerly to
a junction with state route number 5 in Blaine. [1991 c 342
§ 45.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.808 State route No. 599. A state highway to be
known as state route number 599 is established as follows:
Beginning in the vicinity south of Seattle at a junction
with state route number 5, thence in a northwesterly direction west of the Duwamish river to a junction with state
route number 99 in the vicinity of South 118 street south of
Seattle. [1971 ex.s. c 73 § 23.]
47.17.815 State route No. 702. A state highway to be
known as state route number 702 is established as follows:
Beginning at a junction with state route number 507 at
McKenna, thence easterly to a junction with state route
number 7. [1970 ex.s. c 51 § 164.]
47.17.818 State route No. 704. A state highway to be
known as state route number 704 is established as follows:
Beginning at a junction with state route number 5 in south
Pierce county, thence easterly across Fort Lewis to a
junction with state route number 7. [2002 c 56 § 304.]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
47.17.807
Beginning at the junction of state route number 82 in
the vicinity of Selah northerly by way of Selah and easterly
to a junction with state route number 821 in the vicinity of
the firing center interchange.
Before award of any construction contract for improvements to state route number 823 under either program A or
program C, the department of transportation shall secure a
portion of the construction cost from the city of Selah or
Yakima county, or both. [1991 c 342 § 46; 1984 c 197 § 3.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.825 State route No. 900. A state highway to be
known as state route number 900 is established as follows:
Beginning at a junction with state route number 5 in
Seattle near the Duwamish River, thence southerly by way
of Renton to a junction with state route number 90 in the
vicinity of Issaquah. [1991 c 342 § 47; 1979 ex.s. c 33 §
16; 1970 ex.s. c 51 § 166.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.835 State route No. 902. A state highway to be
known as state route number 902 is established as follows:
Beginning at a junction with state route number 90,
thence northwesterly, northerly, northeasterly, and easterly,
via the town of Medical Lake, to a junction with state route
number 90 at a point approximately three miles northeast of
Four Lakes. [1991 c 342 § 49; 1970 ex.s. c 51 § 168.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.819 State route No. 705. A state highway to be
known as state route number 705 is established as follows:
Beginning at a junction with state route number 5 in
Tacoma, thence northerly to a junction with Schuster
Parkway in the Tacoma central business district. [1979 ex.s.
c 33 § 15.]
47.17.840 State route No. 903. A state highway to be
known as state route number 903 is established as follows:
Beginning at a junction with state route number 970 in
the vicinity of Cle Elum, thence northwesterly by way of Cle
Elum and Roslyn to the National Forest boundary in the
vicinity of Lake Cle Elum. [1975 c 63 § 7; 1970 ex.s. c 51
§ 169.]
47.17.820 State route No. 706—Road to Paradise.
A state highway to be known as state route number 706,
designated the Road to Paradise, is established as follows:
Beginning at a junction with state route number 7 at
Elbe, thence easterly to a southwest entrance to Mt. Rainier
National Park. [1990 c 97 § 1; 1970 ex.s. c 51 § 165.]
47.17.845 State route No. 904. A state highway to be
known as state route number 904 is established as follows:
Beginning at a junction with state route number 90 in
the vicinity of Tyler, thence northeasterly via Cheney to a
junction with state route number 90 in the vicinity of Four
Lakes. [1971 ex.s. c 73 § 25; 1970 ex.s. c 51 § 170.]
47.17.821 State route No. 730. A state highway to be
known as state route number 730 is established as follows:
Beginning at the Washington-Oregon boundary line,
thence northeasterly to a junction with state route number 12
south of Wallula. [1985 c 177 § 5.]
47.17.850 State route No. 906. A state highway to be
known as state route number 906 is established as follows:
Beginning at a junction with state route number 90 at
the West Summit interchange of Snoqualmie Pass, thence
along the alignment of the state route number 90 as it
existed on May 11, 1967, in a southeasterly direction to a
junction with state route number 90 at the Hyak interchange.
The legislative transportation committee, the house and
senate transportation committees, and the department shall
undertake appropriate studies to evaluate state route number
906 to determine whether or not it should permanently
remain on the state system. [1984 c 7 § 139; 1977 ex.s. c
235 § 16; 1971 ex.s. c 73 § 26; 1970 ex.s. c 51 § 171.]
47.17.823 State route No. 821. A state highway to be
known as state route number 821 is established as follows:
Beginning at a junction with state route number 82 in
the vicinity north of Yakima, thence northerly to a junction
with state route number 82 south of Ellensburg. [1973 1st
ex.s. c 151 § 9.]
47.17.824 State route No. 823. A state highway to be
known as state route number 823 is established as follows:
(2002 Ed.)
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 47 RCW—page 93]
47.17.855
Title 47 RCW: Public Highways and Transportation
47.17.855 State route No. 908. A state highway to be
known as state route number 908 is established as follows:
Beginning at a junction with state route number 405 in
Kirkland, thence easterly to a junction with state route
number 202 in the vicinity of Redmond. [1991 c 342 § 50;
1971 ex.s. c 73 § 27.]
47.20.600
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.20.630
47.17.917 State route No. 970. A state highway to be
known as state route number 970 is established as follows:
Beginning at a junction with state route number 90 in
the vicinity of Cle Elum, thence northeasterly by way of
Teanaway to a junction with state route number 97 in the
vicinity of Virden. [1975 c 63 § 12.]
47.17.919 State route No. 971. A state highway to be
known as state route number 971 is established as follows:
Beginning at a junction with state route number 97alternate in the vicinity of Winesap, thence northerly to Lake
Chelan state park, thence southeasterly to a junction with
state route number 97-alternate west of Chelan. [1991 c 342
§ 51.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.960 Local bridges—Department responsibility. Although not part of the state highway system, the
bridges designated in this section shall remain the continuing
responsibility of the Washington state department of transportation. Continuing responsibility includes all structural
maintenance, repair, and replacement of the substructure,
superstructure, and roadway deck. Local agencies are
responsible for snow and ice control, sweeping, striping, lane
marking, and channelization.
State of Washington Inventory of
Bridges and Structures
(SWIBS) Number
Facility
S. Fork Skykomish River Bridge
Manette Bridge
Grays River Bridge (Rosburg)
Elochoman Bridge
WN-002000487032
WN-303250032700
WN-403000064300
WN-407000023300
[1991 c 342 § 55.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.17.990 Construction—Refunds to counties
composed of islands. Nothing in this chapter precludes the
refund of all vehicle license fees and motor vehicle fuel tax
directly or indirectly paid by the residents of those counties
composed entirely of islands and that have neither a fixed
physical connection with the mainland nor any state highways on any of the islands of which they are composed, as
authorized under RCW 46.68.080. [1994 c 209 § 10.]
Chapter 47.20
MISCELLANEOUS PROJECTS
Sections
47.20.570
47.20.580
47.20.590
Manette bridge authorized.
Washington State University highway authorized.
University of Washington approach authorized.
[Title 47 RCW—page 94]
47.20.605
47.20.610
47.20.620
47.20.635
47.20.640
47.20.645
47.20.647
47.20.653
47.20.700
47.20.710
47.20.715
47.20.720
47.20.725
47.20.730
47.20.735
47.20.780
47.20.785
47.20.900
Washington State University highway, University of Washington approach—Acquisition of property.
Washington State University highway, University of Washington approach—Public use.
Washington State University highway, University of Washington approach—Condemnation.
Washington State University highway, University of Washington approach—Measure of damage to buildings.
Washington State University highway, University of Washington approach—Sale of buildings, personalty, acquired
in acquisition of land.
University of Washington approach—Ordinance requisite—
Construction and maintenance.
Reestablishment and redesignation of intersections when
highway relocated.
Interstate 90 corridor—Legislative finding.
Interstate 90 corridor—Withdrawal of local governments
from project—Effect on use of state funds.
Interstate 90 corridor—Court proceedings, priority.
State route No. 504 (Spirit Lake Memorial Highway)—
Extension and parking facilities.
Quinault Tribal Highway—Agreement authorized—Route.
Quinault Tribal Highway—Maintenance, operation, improvements—Intersections, access.
Quinault Tribal Highway—Certain portion as limited access.
Quinault Tribal Highway—Acquisition of remaining right of
way.
Quinault Tribal Highway—Department as agent.
Quinault Tribal Highway—Authority to seek federal funding.
Design-build—Competitive bidding.
Design-build—Qualified projects.
Severability—1975 1st ex.s. c 272.
47.20.570 Manette bridge authorized. The department is authorized and directed to construct a bridge across
Port Washington Narrows connecting state route number 304
at or near Bremerton with state route number 303 on the
Manette Peninsula; to make surveys and plans; and to
condemn or otherwise acquire such lands as are necessary or
proper for approaches to the bridge or for the relocation of
any portion of the highway to locate the bridge at the most
feasible place. The bridge shall become and be maintained
as a part of the state highway system. [1984 c 7 § 140;
1970 ex.s. c 51 § 173; 1961 c 13 § 47.20.570. Prior: 1947
c 4 p 6 § 2; Rem. Supp. 1947 § 6584a-1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.580 Washington State University highway
authorized. The department is hereby authorized and
directed to locate, construct, pave, and maintain a suitable
highway on the most feasible route beginning in the vicinity
of the stadium of the Washington State University and
extending in a northwesterly direction to a connection with
state route number 27, near the north boundary of the city of
Pullman. [1984 c 7 § 141; 1970 ex.s. c 51 § 174; 1961 c 13
§ 47.20.580. Prior: 1945 c 27 § 1; Rem. Supp. 1945 §
6402-40.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.590 University of Washington approach
authorized. The department is hereby authorized and
directed to select and locate a suitable and fitting street and
highway approach to the University of Washington campus
in the city of Seattle, from Roosevelt Way to Fifteenth
Avenue northeast, including an underpass beneath the surface
of Roosevelt Way, and necessary approaches to the under(2002 Ed.)
Miscellaneous Projects
pass. [1984 c 7 § 142; 1961 c 13 § 47.20.590. Prior: 1945
c 27 § 2; Rem. Supp. 1945 § 6402-41.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.600 Washington State University highway,
University of Washington approach—Acquisition of
property. The department is hereby authorized and directed
in the name of the state of Washington to acquire by
purchase, gift, or condemnation, any and all private real
estate, rights, and interests necessary to locate, construct, and
maintain the Washington State University highway and the
University of Washington approach provided for herein.
[1984 c 7 § 143; 1961 c 13 § 47.20.600. Prior: 1945 c 27
§ 3; Rem. Supp. 1945 § 6402-42.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.605 Washington State University highway,
University of Washington approach—Public use. The use
of the private real estate, rights, and interests, selected by the
department as necessary for the approach, underpass, and
highway is declared to be a public use. [1984 c 7 § 144;
1961 c 13 § 47.20.605. Prior: 1945 c 27 § 4; Rem. Supp.
1945 § 6402-43. Formerly RCW 47.20.600, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.610 Washington State University highway,
University of Washington approach—Condemnation. In
case of condemnation to secure any real estate, rights, or
interests authorized under this chapter, the court actions shall
be brought in the name of the state of Washington in the
respective counties in which the real estate is located and in
the manner provided by law for acquiring property for public
uses for the state. In such actions the selection of the real
estate, rights, and interests by the department is, in the
absence of bad faith, arbitrary, capricious, or fraudulent
action, conclusive upon the court and judge before which the
action is brought that the real estate, rights, and interests are
necessary for public use for the purposes sought. [1984 c 7
§ 145; 1961 c 13 § 47.20.610. Prior: 1945 c 27 § 5; Rem.
Supp. 1945 § 6402-44.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.620 Washington State University highway,
University of Washington approach—Measure of damage
to buildings. If, in any condemnation proceeding authorized
herein, it appears that there is any building wholly or
partially upon any of the real estate to be taken, the jury, or
the court, if the jury be waived, shall add to the value of the
land taken the amount of damages to the building. If the
entire building is taken, or if the building is damaged so that
it cannot be readjusted to the real estate not taken, then the
measure of damages shall be the fair cash value of the
building. If part of a building is taken or damaged and the
building can be readjusted or replaced on the real estate
remaining, then the measure of damages shall be the cost of
readjusting or moving the building, or part thereof left,
together with the depreciation in the market value of said
building by reason of said readjustment or moving. [1961
c 13 § 47.20.620. Prior: 1945 c 27 § 6; Rem. Supp. 1945
§ 6402-45.]
(2002 Ed.)
47.20.590
47.20.630 Washington State University highway,
University of Washington approach—Sale of buildings,
personalty, acquired in acquisition of land. The department shall have power to sell at public or private sale any
building, equipment, or fixtures acquired in the acquisition
of the real estate for such price as it shall fix and to execute
to the purchaser upon payment of the purchase price a bill
of sale in the name of the state. Proceeds of the sale shall
be placed in the motor vehicle fund of the state treasury.
The department shall have power to permit occupation of
buildings on real estate so acquired for such specified limited
time as it deems will lapse before construction of the
approach, underpass, and highway can be undertaken; and in
behalf of the state it may be shown in any condemnation
proceeding the period during which such occupancy will be
permitted for the purpose of mitigating damages. [1984 c 7
§ 146; 1961 c 13 § 47.20.630. Prior: 1945 c 27 § 7; Rem.
Supp. 1945 § 6402-46.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.635 University of Washington approach—
Ordinance requisite—Construction and maintenance. No
action may be taken by the department for the acquisition of
real estate, rights, and interests for the approach and underpass to the University of Washington unless and until the
city of Seattle, through its legislative authority, enacts an
ordinance providing that the city of Seattle will, within three
months after the necessary real estate, rights, and interests
have been secured by the state as provided in this chapter,
begin the work of grading, paving, and such other work as
is necessary to complete and render available for use of the
public, the approach and underpass and approaches to the
underpass; and further providing that the city of Seattle shall
thereafter keep and maintain the approach and underpass and
approach to the underpass in a good state of repair and
suitable for public travel and use, which construction and
maintenance work the city of Seattle is hereby authorized
and empowered to do and perform. [1984 c 7 § 147; 1961
c 13 § 47.20.635. Prior: 1945 c 27 § 8; Rem. Supp. 1945
§ 6402-47.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.640 Reestablishment and redesignation of
intersections when highway relocated. In any case where
a state highway is relocated in such manner that it ceases to
intersect another state highway, the department is authorized
to extend and designate either of the state highways to
reestablish an appropriate intersection. [1984 c 7 § 148;
1967 ex.s. c 145 § 44; 1961 c 13 § 47.20.640. Prior: 1953
c 82 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.645 Interstate 90 corridor—Legislative
finding. The legislature finds that the department initiated
route studies for the location of that segment of the national
system of interstate and defense highways (interstate system)
between south Bellevue and state route No. 5 in Seattle in
1957 culminating in a corridor public hearing and adoption
of a corridor in 1963; that thereafter the department, utilizing
a multidisciplinary design team and soliciting the broadest
[Title 47 RCW—page 95]
47.20.645
Title 47 RCW: Public Highways and Transportation
public participation, developed a series of designs culminating in a public design hearing in 1970, a public limited
access hearing in 1971, and adoption of a design and limited
access plan for the facility in 1971; that commencing in
1970 the proposed facility has been the subject of numerous
lawsuits and administrative proceedings that have prevented
advancement of the project to construction; that since further
development of the project was enjoined by federal courts in
1971 the cost of constructing the project has increased by
more than one hundred million dollars; that the traffic
congestion and traffic hazards existing in the existing
highway corridor between south Bellevue, Mercer Island,
and the city of Seattle are no longer tolerable; that after
more than seventeen years of studies the public interest now
requires that final decisions regarding the appropriate system
for meeting the transportation requirements between south
Bellevue and the city of Seattle be made promptly and in
accordance with a prescribed schedule.
It is therefore the sense of the legislature that further
protracted delay in establishing the transportation system to
be constructed between south Bellevue and state route No.
5 in the city of Seattle is contrary to the interest of the
people of this state and can no longer be tolerated as acceptable public administration. Accordingly the schedule for
finally determining the character of transportation modes
between south Bellevue and state route No. 5 in the city of
Seattle as set forth in RCW 47.20.645 through 47.20.653 and
47.20.900 is adopted as the public policy of this state. [1984
c 7 § 149; 1975 1st ex.s. c 272 § 1.]
designated section of highway as an interstate highway
without further express authorization of the legislature.
(4) If fewer than three of the four city and county
councils request withdrawal from the interstate system of the
designated segment of state route No. 90 by January 15,
1976, or if the governor does not concur in the withdrawal
request, then no tax revenues collected by the state of
Washington shall thereafter be expended for the construction
of substitute public mass transit projects in the Seattle
metropolitan area pursuant to section 103(e)(4) of Title 23,
United States Code, without further express authorization of
the legislature. [1975 1st ex.s. c 272 § 2.]
47.20.653 Interstate 90 corridor—Court proceedings, priority. State court proceedings instituted to challenge the validity of any steps taken in pursuance of the
construction of the segment of the interstate system between
south Bellevue and state route No. 5 in Seattle, or the
construction of substitute public mass transit projects in lieu
thereof, shall take precedence over all other causes not
involving the public interest in all courts of this state to the
end construction of such facilities may be expedited to the
fullest. The legislature of the state of Washington respectfully requests of the federal judiciary that challenges instituted in the federal courts relating to the validity of steps
leading to the construction of the designated interstate
highway or substitute public mass transit projects in lieu
thereof be expedited to the fullest. [1975 1st ex.s. c 272 §
5.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.20.647 Interstate 90 corridor—Withdrawal of
local governments from project—Effect on use of state
funds. (1) The Puget Sound council of governments (until
July 1, 1975, known as the Puget Sound governmental
conference) now engaged in a study of the withdrawal from
the interstate system of that segment of state route No. 90
between the south Bellevue interchange and the Connecticut
street interchange on state route No. 5 and the substitution of
public mass transit projects in lieu thereof as authorized by
section 103(e)(4) of Title 23, United States Code, is directed
to complete all phases of the study by November 1, 1975.
(2) No later than January 15, 1976, the city councils of
Seattle, Mercer Island and Bellevue and the county council
of King County shall each by resolution either approve or
disapprove a request to withdraw from the interstate system
the segment of state route No. 90 between south Bellevue
interchange and the Connecticut street interchange on state
route No. 5. Nothing in this subsection shall be construed
as requiring the city or county councils to adopt by January
15, 1976 any proposal for substitute mass transit projects.
(3) If at least three of the four city and county councils
request withdrawal from the interstate system of the designated segment of state route No. 90 by January 15, 1976,
and such request is thereafter concurred in by the governor
and the Puget Sound council of governments, such determination shall be final as it relates to the state of Washington
and except as may be required to terminate the project in an
orderly manner, no moneys shall thereafter be expended
from the motor vehicle fund for further development of the
[Title 47 RCW—page 96]
47.20.700 State route No. 504 (Spirit Lake Memorial Highway)—Extension and parking facilities. The
department of transportation may provide for the construction of an extension of state route number 504 from the
vicinity of Maple Flats to the vicinity of the United States
Corps of Engineers debris dam on the north fork of the
Toutle river on an alignment to be approved by the department of transportation. The department may enter into an
agreement with the principal owner of the necessary right of
way providing as follows:
(1) The owner of the right of way shall construct the
highway extension and public parking facilities as specified
by the department of transportation.
(2) The owner of the right of way shall convey to the
state, right of way for the highway extension a minimum of
one hundred fifty feet in width (except right of way presently under the control of the department of natural resources),
together with areas for public parking facilities as designated
by the department of transportation.
(3) The department of transportation shall reimburse the
present owner of the right of way for the actual cost of
construction of the highway extension and the public parking
facilities.
(4) The construction of the highway extension and
public parking facilities shall be completed within one year
after March 27, 1982.
The department of transportation may acquire that part
of the right of way necessary for the highway extension that
is now under the control of the department of natural
resources in the manner provided in RCW 47.12.023 through
47.12.029.
(2002 Ed.)
Miscellaneous Projects
All expenditures by the department of transportation
pursuant to this section shall be from appropriations for the
construction of category A projects. [1982 c 82 § 2.]
47.20.710 Quinault Tribal Highway—Agreement
authorized—Route. The department of transportation is
authorized to enter into a cooperative agreement with the
governing authority for the Indian peoples of the Quinault
Indian Reservation and appropriate agencies of the United
States for the location, design, right of way acquisition,
construction, and maintenance of a highway beginning at the
south boundary of the Quinault Indian reservation on state
route number 109, thence northerly along the present right
of way of state route number 109 to the township line,
thence inland and northerly across the Raft river to an
intersection with state route number 101 south of Queets.
The highway shall be known as the "Tribal Highway" and
may also be designated by the department as state route
number 109. It is anticipated that this highway construction
will be funded from federal sources other than normal
federal aid highway allocations. [1985 c 228 § 1.]
State route number 109: RCW 47.17.200.
47.20.715 Quinault Tribal Highway—Maintenance,
operation, improvements—Intersections, access. As a part
of the agreement, the department may assume responsibility
for the operation and maintenance and future improvement
of the highway. The agreement may also reserve to the
governing authority for the Indian peoples of the Quinault
Indian Reservation authority to construct public road intersections or grade separation crossings of the highway.
Existing rights of access from adjoining property to existing
state route number 109 from the south reservation boundary
to the township line shall not be affected by RCW 47.20.710
through 47.20.735 or the agreement authorized by RCW
47.20.710. [1985 c 228 § 2.]
47.20.720 Quinault Tribal Highway—Certain
portion as limited access. The department is authorized to
determine the location of the highway from the township line
to a junction with state route number 101 after consultations
with the governing authority for the Indian peoples of the
Quinault Indian Reservation and the bureau of Indian affairs.
The department may then proceed with the establishment of
this section of the highway as a limited access facility in the
manner prescribed in RCW 47.52.131 through 47.52.137 and
47.52.195 (and the administrative rules adopted by the
department to implement those sections), subject, however,
to the following conditions: (1) The access report required
by RCW 47.52.131 shall be approved by the governing
authority for the Indian peoples of the Quinault Indian
Reservation before public hearings; and (2) the final limited
access plan adopted pursuant to RCW 47.52.137 at the
conclusion of the public hearing, or after any appeal from it
has been decided, shall be approved by the governing
authority for the Indian peoples of the Quinault Indian
Reservation and the bureau of Indian affairs before right of
way is acquired for this section of highway. [1985 c 228 §
3.]
(2002 Ed.)
47.20.700
47.20.725 Quinault Tribal Highway—Acquisition of
remaining right of way. The department is authorized to
acquire the remaining right of way for the Tribal Highway
by purchase or by condemnation under state or federal
eminent domain statutes. The secretary of transportation
pursuant to the agreement is authorized to convey by deed
to the governing authority for the Indian peoples of the
Quinault Indian Reservation the right of way to the entire
highway when fully acquired in return for a conveyance by
the governing authority for the Indian peoples of the
Quinault Indian Reservation to the state of Washington of a
perpetual easement for public travel on the through lanes and
shoulders of the highway when constructed. The agreement
may also authorize the governing authority for the Indian
peoples of the Quinault Indian Reservation to convey to the
United States an easement to construct, maintain, and repair
the highway improvements if such an easement is required
by regulations of the bureau of Indian affairs. [1985 c 228
§ 4.]
47.20.730 Quinault Tribal Highway—Department
as agent. Except as otherwise provided by RCW 47.20.710
through 47.20.735 or by the agreement authorized by RCW
47.20.710, the department may proceed with the location,
design, acquisition of right of way, construction, and
maintenance of the highway as an agent of the governing
authority for the Indian peoples of the Quinault Indian
Reservation in accordance with applicable state or federal
law. [1985 c 228 § 5.]
47.20.735 Quinault Tribal Highway—Authority to
seek federal funding. The department is authorized to join
with the governing authority for the Indian peoples of the
Quinault Indian Reservation to seek federal funding for the
construction of the Tribal Highway. [1985 c 228 § 6.]
47.20.780 Design-build—Competitive bidding.
(Expires April 30, 2008.) The department of transportation
shall develop a process for awarding competitively bid
highway construction contracts for projects over ten million
dollars that may be constructed using a design-build procedure. As used in this section and RCW 47.20.785, "designbuild procedure" means a method of contracting under which
the department of transportation contracts with another party
for the party to both design and build the structures, facilities, and other items specified in the contract.
The process developed by the department must, at a
minimum, include the scope of services required under the
design-build procedure, contractor prequalification requirements, criteria for evaluating technical information and project costs, contractor selection criteria, and issue resolution
procedures.
This section expires April 30, 2008. [2001 c 226 § 2.]
Findings—Purpose—2001 c 226: "The legislature finds and declares
that a contracting procedure that facilitates construction of transportation
facilities in a more timely manner may occasionally be necessary to ensure
that construction can proceed simultaneously with the design of the facility.
The legislature further finds that the design-build process and other
alternative project delivery concepts achieve the goals of time savings and
avoidance of costly change orders.
The legislature finds and declares that a 2001 audit, conducted by
Talbot, Korvola & Warwick, examining the Washington state ferries’ capital
program resulted in a recommendation for improvements and changes in
[Title 47 RCW—page 97]
47.20.780
Title 47 RCW: Public Highways and Transportation
auto ferry procurement processes. The auditors recommended that auto
ferries be procured through use of a modified request for proposals process
whereby the prevailing shipbuilder and Washington state ferries engage in
a design and build partnership. This process promotes ownership of the
design by the shipbuilder while using the department of transportation’s
expertise in ferry design and operations. Alternative processes like designbuild partnerships can promote innovation and create competitive incentives
that increase the likelihood of finishing projects on time and within the
budget.
The purpose of this act is to authorize the department’s use of a
modified request for proposals process for procurement of auto ferries, and
to prescribe appropriate requirements and criteria to ensure that contracting
procedures for this procurement process serve the public interest." [2001
c 226 § 1.]
47.20.785 Design-build—Qualified projects.
(Expires April 30, 2008.) The department of transportation
may use the design-build procedure for public works projects
over ten million dollars where:
(1) The construction activities are highly specialized and
a design-build approach is critical in developing the construction methodology; or
(2) The projects selected provide opportunity for greater
innovation and efficiencies between the designer and the
builder; or
(3) Significant savings in project delivery time would be
realized.
This section expires April 30, 2008. [2001 c 226 § 3.]
Findings—Purpose—2001 c 226: See note following RCW
47.20.780.
47.20.900 Severability—1975 1st ex.s. c 272. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1975 1st ex.s. c 272 § 6.]
Chapter 47.22
COMBINATION HIGHWAY ROUTES
Sections
47.22.010
47.22.020
East Pacific highway.
Lewis and Clark Highway.
47.22.010 East Pacific highway. There is hereby
established the east Pacific highway which shall be composed of the following existing highway routes: Beginning
on state route number 5 at or near Centralia; thence by way
of state route number 5 to its junction with state route
number 12 or by way of state route number 507 between
Centralia and Tenino; thence on state route number 507 to
Roy junction with state route number 7; thence on state route
number 7 to a junction with state route number 512; thence
on state route number 512 to Puyallup; thence on state route
numbers 410 and 167 to Sumner, Auburn, Kent and Renton;
thence on state route number 405 to Kirkland; thence on
state route number 405 north to a junction with state route
number 522; thence on state route number 522 to a junction
with state route number 9 northeast of Woodinville; and
thence on state route number 9 to Snohomish, Arlington,
Sedro Woolley, and to a junction with state route number
542 at Deming; thence westerly on state route 542 to a
junction with state route number 9 at Lawrence; thence on
[Title 47 RCW—page 98]
state route number 9 via Sumas, to the Canadian international boundary. [1970 ex.s. c 51 § 175; 1961 c 13 § 47.22.010.
Prior: 1951 c 273 § 1.]
47.22.020 Lewis and Clark Highway. There is
established the Lewis and Clark Highway, which shall be
composed of the following existing routes: State route 193
from the junction of state route 12 at Clarkston to Wawawai
River Road; state route 12 from Clarkston to Waitsburg;
state route 124 from Waitsburg to Pasco (west); state route
12 from Pasco to Waitsburg via Wallula and Walla Walla
(east); state routes 395 and 82 from state route 12, through
the Tri-Cities region, to the junction at state route 14; state
route 14 from the junction of state routes 395 and 82 to
Maryhill; state routes 14 and 5 from Maryhill to state route
432 through Longview to state route 4; state route 4 from
Longview to the junction with state route 101 near the
vicinity of Johnson’s landing; state route 401 from Naselle
junction to Megler; state route 101 from Megler through
Ilwaco and Seaview to the junction with state route 4; state
route spur/alternate state route 101; state route loop 100;
state route spur 100; and state route 103. [1999 c 57 § 1;
1970 ex.s. c 51 § 176; 1967 ex.s. c 145 § 13; 1961 c 13 §
47.22.020. Prior: 1955 c 178 § 1.]
Chapter 47.24
CITY STREETS AS PART OF STATE HIGHWAYS
Sections
47.24.010
47.24.020
47.24.030
47.24.040
Designation—Construction, maintenance—Return to city or
town.
Jurisdiction, control.
Acquisition of rights of way—Condemnation proceedings.
Street fund—Expenditures on streets forming part of state
highway.
Aid on streets by state or county—Payment.
47.24.050
City streets
parkways, boulevards, generally: Title 35 RCW.
sidewalks, etc.: Chapters 35.68 through 35.79 RCW.
Design standards committee for city streets: Chapter 35.78 RCW.
Off-street parking
cities: Chapter 35.86 RCW.
towns: RCW 35.27.550 through 35.27.590.
Platted streets as public highways: RCW 58.08.035, 58.08.050.
Speed limits in cities: RCW 46.61.415, 46.61.430, 46.61.440.
Viaducts, bridges, elevated roadways, tunnels, etc., in cities: Chapter 35.85
RCW.
47.24.010 Designation—Construction, maintenance—Return to city or town. The transportation
commission shall determine what streets, together with
bridges thereon and wharves necessary for use for ferriage
of motor vehicle traffic in connection with such streets, if
any, in any incorporated cities and towns shall form a part
of the route of state highways and between the first and
fifteenth days of July of any year the department of transportation shall identify by brief description, the streets, together
with the bridges thereon and wharves, if any, in such city or
town which are designated as forming a part of the route of
any state highway; and all such streets, including curbs and
gutters and street intersections and such bridges and
wharves, shall thereafter be a part of the state highway
(2002 Ed.)
City Streets as Part of State Highways
system and as such shall be constructed and maintained by
the department of transportation from any state funds
available therefor: PROVIDED, That the responsibility for
the construction and maintenance of any such street together
with its appurtenances may be returned to a city or a town
upon certification by the department of transportation to the
clerk of any city or town that such street, or portion thereof,
is no longer required as a part of the state highway system:
PROVIDED FURTHER, That any such certification that a
street, or portion thereof, is no longer required as a part of
the state highway system shall be made between the first and
fifteenth of July following the determination by the department that such street or portion thereof is no longer required
as a part of the state highway system, but this shall not
prevent the department and any city or town from entering
into an agreement that a city or town will accept responsibility for such a street or portion thereof at some time other
than between the first and fifteenth of July of any year.
[1998 c 245 § 97; 1979 ex.s. c 86 § 2; 1977 ex.s. c 151 §
57; 1973 c 95 § 3; 1961 c 13 § 47.24.010. Prior: 1959 c
160 § 1; 1957 c 83 § 2; 1955 c 179 § 2; 1949 c 220 § 5,
part; 1945 c 250 § 1, part; 1943 c 82 § 10, part; 1937 c 187
§ 61, part; Rem. Supp. 1949 § 6450-61, part.]
Severability—1979 ex.s. c 86: See note following RCW 13.24.040.
47.24.020 Jurisdiction, control. The jurisdiction,
control, and duty of the state and city or town with respect
to such streets is as follows:
(1) The department has no authority to change or
establish any grade of any such street without approval of
the governing body of such city or town, except with respect
to limited access facilities established by the commission;
(2) The city or town shall exercise full responsibility for
and control over any such street beyond the curbs and if no
curb is installed, beyond that portion of the highway used for
highway purposes. However, within incorporated cities and
towns the title to a state limited access highway vests in the
state, and, notwithstanding any other provision of this section, the department shall exercise full jurisdiction, responsibility, and control to and over such facility as provided in
chapter 47.52 RCW;
(3) The department has authority to prohibit the suspension of signs, banners, or decorations above the portion of
such street between the curbs or portion used for highway
purposes up to a vertical height of twenty feet above the
surface of the roadway;
(4) The city or town shall at its own expense maintain
all underground facilities in such streets, and has the right to
construct such additional underground facilities as may be
necessary in such streets. However, pavement trenching and
restoration performed as part of installation of such facilities
must meet or exceed requirements established by the
department;
(5) The city or town has the right to grant the privilege
to open the surface of any such street, but all damage
occasioned thereby shall promptly be repaired either by the
city or town itself or at its direction. Pavement trenching
and restoration performed under a privilege granted by the
city under this subsection must meet or exceed requirements
established by the department;
(2002 Ed.)
47.24.010
(6) The city or town at its own expense shall provide
street illumination and shall clean all such streets, including
storm sewer inlets and catch basins, and remove all snow,
except that the state shall when necessary plow the snow on
the roadway. In cities and towns having a population of
twenty-two thousand five hundred or less according to the
latest determination of population by the office of financial
management, the state, when necessary for public safety,
shall assume, at its expense, responsibility for the stability of
the slopes of cuts and fills and the embankments within the
right of way to protect the roadway itself. When the population of a city or town first exceeds twenty-two thousand five
hundred according to the determination of population by the
office of financial management, the city or town shall have
three years from the date of the determination to plan for
additional staffing, budgetary, and equipment requirements
before being required to assume the responsibilities under
this subsection. The state shall install, maintain, and operate
all illuminating facilities on any limited access facility,
together with its interchanges, located within the corporate
limits of any city or town, and shall assume and pay the
costs of all such installation, maintenance, and operation
incurred after November 1, 1954;
(7) The department has the right to use all storm sewers
on such highways without cost; and if new storm sewer
facilities are necessary in construction of new streets by the
department, the cost of the facilities shall be borne by the
state and/or city as may be mutually agreed upon between
the department and the governing body of the city or town;
(8) Cities and towns have exclusive right to grant
franchises not in conflict with state laws and rules, over,
beneath, and upon such streets, but the department is
authorized to enforce in an action brought in the name of the
state any condition of any franchise which a city or town has
granted on such street. No franchise for transportation of
passengers in motor vehicles may be granted on such streets
without the approval of the department, but the department
shall not refuse to approve such franchise unless another
street conveniently located and of strength of construction to
sustain travel of such vehicles is accessible;
(9) Every franchise or permit granted any person by a
city or town for use of any portion of such street by a public
utility must require the grantee or permittee to restore, repair,
and replace any portion of the street damaged or injured by
it to conditions that meet or exceed requirements established
by the department;
(10) The city or town has the right to issue overload or
overwidth permits for vehicles to operate on such streets or
roads subject to regulations printed and distributed to the
cities and towns by the department;
(11) Cities and towns shall regulate and enforce all
traffic and parking restrictions on such streets, but all
regulations adopted by a city or town relating to speed,
parking, and traffic control devices on such streets not
identical to state law relating thereto are subject to the
approval of the department before becoming effective. All
regulations pertaining to speed, parking, and traffic control
devices relating to such streets heretofore adopted by a city
or town not identical with state laws shall become null and
void unless approved by the department heretofore or within
one year after March 21, 1963;
[Title 47 RCW—page 99]
47.24.020
Title 47 RCW: Public Highways and Transportation
(12) The department shall erect, control, and maintain at state expense all route markers and directional signs,
except street signs, on such streets;
(13) The department shall install, operate, maintain, and
control at state expense all traffic control signals, signs, and
traffic control devices for the purpose of regulating both
pedestrian and motor vehicular traffic on, entering upon, or
leaving state highways in cities and towns having a population of twenty-two thousand five hundred or less according
to the latest determination of population by the office of
financial management. Such cities and towns may submit to
the department a plan for traffic control signals, signs, and
traffic control devices desired by them, indicating the
location, nature of installation, or type thereof, or a proposed
amendment to such an existing plan or installation, and the
department shall consult with the cities or towns concerning
the plan before installing such signals, signs, or devices.
Cities and towns having a population in excess of twentytwo thousand five hundred according to the latest determination of population by the office of financial management
shall install, maintain, operate, and control such signals,
signs, and devices at their own expense, subject to approval
of the department for the installation and type only. When
the population of a city or town first exceeds twenty-two
thousand five hundred according to the determination of
population by the office of financial management, the city or
town shall have three years from the date of the determination to plan for additional staffing, budgetary, and equipment
requirements before being required to assume the responsibilities under this subsection. For the purpose of this
subsection, striping, lane marking, and channelization are
considered traffic control devices;
(14) All revenue from parking meters placed on such
streets belongs to the city or town;
(15) Rights of way for such streets shall be acquired by
either the city or town or by the state as shall be mutually
agreed upon. Costs of acquiring rights of way may be at the
sole expense of the state or at the expense of the city or
town or at the expense of the state and the city or town as
may be mutually agreed upon. Title to all such rights of
way so acquired shall vest in the city or town: PROVIDED,
That no vacation, sale, rental, or any other nontransportation
use of any unused portion of any such street may be made
by the city or town without the prior written approval of the
department; and all revenue derived from sale, vacation,
rental, or any nontransportation use of such rights of way
shall be shared by the city or town and the state in the same
proportion as the purchase costs were shared;
(16) If any city or town fails to perform any of its
obligations as set forth in this section or in any cooperative
agreement entered into with the department for the maintenance of a city or town street forming part of the route of a
state highway, the department may notify the mayor of the
city or town to perform the necessary maintenance within
thirty days. If the city or town within the thirty days fails to
perform the maintenance or fails to authorize the department
to perform the maintenance as provided by RCW 47.24.050,
the department may perform the maintenance, the cost of
which is to be deducted from any sums in the motor vehicle
fund credited or to be credited to the city or town. [2001 c
201 § 8; 1993 c 126 § 1; 1991 c 342 § 52; 1987 c 68 § 1;
1984 c 7 § 150; 1977 ex.s. c 78 § 7; 1967 c 115 § 1; 1963
[Title 47 RCW—page 100]
c 150 § 1; 1961 c 13 § 47.24.020. Prior: 1957 c 83 § 3;
1955 c 179 § 3; 1953 c 193 § 1; 1949 c 220 § 5, part; 1945
c 250 § 1, part; 1943 c 82 § 10, part; 1937 c 187 § 61, part;
Rem. Supp. 1949 § 6450-61, part.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
Severability—1984 c 7: See note following RCW 47.01.141.
47.24.030
Acquisition of rights of way—
Condemnation proceedings. The department is authorized
to acquire rights of way, by purchase, gift, or condemnation
for any such streets, highways, bridges, and wharves. Any
such condemnation proceedings shall be exercised in the
manner provided by law for condemnation proceedings to
acquire lands required for state highways. [1984 c 7 § 151;
1961 c 13 § 47.24.030. Prior: 1949 c 220 § 5, part; 1945
c 250 § 1, part; 1943 c 82 § 10, part; 1937 c 187 § 61, part;
Rem. Supp. 1949 § 6450-61, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
Right of way donations: Chapter 47.14 RCW.
47.24.040 Street fund—Expenditures on streets
forming part of state highway. All funds accruing to the
credit of incorporated cities and towns in the motor vehicle
fund shall be paid monthly to such incorporated cities and
towns and shall, by the respective cities and towns, be
placed in a fund to be designated as "city street fund" and
disbursed as authorized and directed by the legislative
authority of the city or town, as agents of the state, for
salaries and wages, material, supplies, equipment, purchase
or condemnation of right of way, engineering or any other
proper highway or street purpose in connection with the
construction, alteration, repair, improvement or maintenance
of any city street or bridge, or viaduct or underpassage
along, upon or across such streets. Such expenditure may be
made either independently or in conjunction with any
federal, state or any county funds. [1961 c 13 § 47.24.040.
Prior: 1949 c 220 § 4; 1947 c 96 § 1; 1943 c 82 § 9; 1939
c 181 § 8; 1937 c 187 § 60; Rem. Supp. 1949 § 6450-60.]
47.24.050 Aid on streets by state or county—
Payment. If a city or town, whether or not any of its streets
are designated as forming a part of a state highway, is unable to construct, repair, or maintain its streets for good
cause, or if it is in need of engineering assistance to construct, repair, or maintain any of its streets, it may authorize
the department to perform such construction, repair, or maintenance, or it may secure necessary engineering assistance
from the department, to the extent of the funds credited or
to be credited in the motor vehicle fund for payment to the
city or town. Any sums due from a city or town for such
purposes shall be paid on vouchers approved and submitted
by the department from moneys credited to the city or town
in the motor vehicle fund, and the amount of the payments
shall be deducted from funds which would otherwise be paid
to the city or town from the motor vehicle fund. The
department may in certain special cases, in its discretion,
enter into an agreement with the governing officials of the
city or town for the performance of such work or services,
the terms of which shall provide for reimbursement of the
motor vehicle fund for the benefit of the state’s share of the
fund by the city or town of the cost thereof from any funds
(2002 Ed.)
City Streets as Part of State Highways
of the city or town on hand and legally available for the
work or services. The city or town may, by resolution,
authorize the legislative authority of the county in which it
is located, to perform any such construction, repair, or
maintenance, and the work shall be paid for by the city or
town at the actual cost thereof as provided for payment for
work performed on city streets, and any payment received
therefor by a county shall be deposited in the county road
fund to be expended under the same provisions as are
imposed upon the funds used to perform the construction,
repair, or maintenance. [1984 c 7 § 152; 1961 c 13 §
47.24.050. Prior: 1951 c 54 § 1; 1949 c 220 § 6; 1943 c 82
§ 11; 1937 c 187 § 63; Rem. Supp. 1949 § 6450-63.]
Severability—1984 c 7: See note following RCW 47.01.141.
Chapter 47.26
DEVELOPMENT IN URBAN AREAS—
URBAN ARTERIALS
Sections
47.26.010
47.26.020
47.26.022
47.26.028
47.26.030
47.26.040
47.26.044
47.26.050
47.26.080
47.26.084
47.26.086
47.26.090
47.26.100
47.26.110
47.26.115
47.26.121
47.26.130
47.26.140
47.26.150
47.26.160
47.26.164
47.26.165
47.26.167
47.26.170
47.26.185
47.26.190
47.26.200
47.26.210
47.26.260
47.26.270
47.26.275
47.26.282
47.26.300
47.26.305
47.26.320
(2002 Ed.)
Declaration of intent.
Motor vehicle fuel tax—Tax imposed—Rate—Distribution
of proceeds.
Motor vehicle fuel tax—Tax required of nondistributors—
Duties—Procedure—Distribution of proceeds—Penalties.
Special fuel tax—Tax imposed—Rate.
Special fuel tax—Disposition of funds.
"Urban area" defined.
"Board" defined.
Regional grouping for purpose of apportioning urban state
highway funds.
Urban arterial trust account—Withholding of funds for noncompliance.
Transportation improvement account—Certification of funding.
Transportation improvement account projects—Intent—
Limitations.
"Arterial" defined.
"City" defined.
"Urban arterial" defined.
Small city program.
Transportation improvement board—Membership—Chair—
Expenses.
Transportation improvement board—Travel expenses.
Transportation improvement board—Executive director,
staff—Finances.
Transportation improvement board—Meetings.
Transportation improvement board—Powers and duties.
City hardship assistance program—Implementation.
Coordination of long-range needs studies.
Jurisdictional transfers.
Long-range arterial construction planning—Arterial inventory data.
Qualifications for administering and supervising projects—
Rules.
Geographical diversity—Rules.
Counties—Perpetual advanced six-year plans for coordinated
transportation program, expenditures—Nonmotorized
transportation—Railroad right-of-way.
Cities—Perpetual advanced six-year plans for coordinated
transportation program, expenditures—Nonmotorized
transportation—Railroad right-of-way.
Payment of funds—Rules—Limitations.
Matching funds requirements.
Corridor grant matching.
Land use implications.
Bicycle routes—Legislative declaration.
Bicycle routes—Use of board funds.
Advance right-of-way acquisition—Definition.
47.26.325
47.26.330
47.24.050
Advance right-of-way acquisition—Revolving fund.
Advance right-of-way acquisition—Management of properties and funds.
BOND ISSUE—STATE HIGHWAYS IN URBAN AREAS
47.26.400
47.26.401
47.26.402
47.26.403
47.26.404
47.26.405
47.26.406
47.26.407
Issuance and sale of general obligation bonds—
Authorized—Amount—Declaration of purpose.
Bonds—Term—Terms and conditions—Signatures—
Registration—Where payable—Negotiable instruments.
Bonds—Denominations—Manner and terms of sale—Legal
investment for state funds.
Bonds—Bond proceeds—Deposit and use.
Bonds—Statement describing nature of obligation—Pledge
of excise taxes.
Bonds—Designation of funds to repay bonds and interest.
Bonds—Repayment procedure—Bond retirement fund.
Bonds—Sums in excess of retirement requirements—Use.
BOND ISSUE—COUNTY AND CITY ARTERIALS
IN URBAN AREAS
47.26.420
Issuance and sale of general obligation bonds—
Authorized—Amount—Declaration of purpose.
47.26.421 Bonds—Term—Terms and conditions—Signatures—
Registration—Where payable—Negotiable instruments.
47.26.422 Bonds—Denominations—Manner and terms of sale—Legal
investment for state funds.
47.26.423 Bonds—Bond proceeds—Deposit and use.
47.26.424 Bonds—Statement describing nature of obligation—Pledge
of excise taxes.
47.26.425 Bonds—Designation of funds to repay bonds and interest.
47.26.4252 Bonds—Series II bonds, 1979 reenactment—Designation of
funds to repay bonds and interest.
47.26.4254 Bonds—Series III bonds—Designation of funds to repay
bonds and interest.
47.26.4255 Bonds—Series II bonds, 1979 reenactment—Charge against
fuel tax revenues.
47.26.426 Bonds—Repayment procedure—Bond retirement account.
47.26.427 Bonds—Sums in excess of retirement requirements—Use.
47.26.440 Budget for expenditures from funds administered by
board—Estimate of revenues.
47.26.450 Allocation of funds—Value engineering studies—Rules.
47.26.460 Increase in funds allocated to a project—Rules—Factors.
BOND ISSUE—TRANSPORTATION PROJECTS IN URBAN AREAS
47.26.500
47.26.501
47.26.502
Issuance authorized.
Term—Signatures—Registration—Negotiable instruments.
Denominations—Manner and terms of sale—State investment.
47.26.503 Use of proceeds.
47.26.504 Statement of obligation—Pledge of excise taxes.
47.26.505 Funds for repayment.
47.26.506 Repayment procedure—Bond retirement account.
47.26.507 Sums in excess of retirement requirements—Use.
47.26.900 Severability—1967 ex.s. c 83.
47.26.910 Effective dates—1967 ex.s. c 83.
47.26.930 Construction—1969 ex.s. c 171.
Bicycle transportation management program: RCW 47.04.190.
Public-private transportation initiatives—1994 act: RCW 47.10.834
through 47.10.839.
47.26.010 Declaration of intent. Due to unprecedented industrial development and population increases, the state
of Washington is confronted with emergency needs for
improvement of state highways, county roads, and city
streets in urban areas. It is the intent of the legislature to
provide sufficient new highway revenues to alleviate and
prevent intolerable traffic congestion in urban areas without
the disruption of the long range statewide highway program
essential to the economic well-being of the people of this
state. [1967 ex.s. c 83 § 1.]
Reviser’s note: Throughout chapter 47.26 RCW the term "this 1967
amendatory act" has been translated to "this chapter." This 1967 amendato[Title 47 RCW—page 101]
47.26.010
Title 47 RCW: Public Highways and Transportation
ry act [1967 ex.s. c 83] consists of chapter 47.26 RCW and RCW
35.77.010, 36.81.121, 46.16.040, 46.16.070, 46.16.111, 46.16.121,
46.16.125, 46.68.100, 46.68.150, 82.36.020, 82.36.100, 82.37.030,
82.37.190, 82.40.020, 82.40.290, and the repeal of RCW 46.16.072,
46.16.075, 46.16.110, and 46.16.120.
47.26.020 Motor vehicle fuel tax—Tax imposed—
Rate—Distribution of proceeds. See RCW 82.36.020.
47.26.022 Motor vehicle fuel tax—Tax required of
nondistributors—Duties—Procedure—Distribution of
proceeds—Penalties. See RCW 82.36.100.
47.26.028 Special fuel tax—Tax imposed—Rate.
See RCW 82.38.030.
47.26.030 Special fuel tax—Disposition of funds.
See RCW 82.38.290.
47.26.040 "Urban area" defined. The term "urban
area" as used in this chapter means every area of this state
designated as an urban area by the department in cooperation
with the board and regional transportation planning organizations. [1994 c 179 § 7; 1984 c 7 § 153; 1977 ex.s. c 317 §
12; 1975 1st ex.s. c 253 § 1; 1967 ex.s. c 83 § 10.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effective dates—Severability—1977 ex.s. c 317: See notes
following RCW 82.36.010.
47.26.044 "Board" defined. The term "board" as
used in this chapter means the transportation improvement
board. [1994 c 179 § 6.]
47.26.050 Regional grouping for purpose of apportioning urban state highway funds. For the purpose of
apportioning urban state highway funds, the urban areas of
the state are grouped within five regions of the state as
follows:
(1) Puget Sound region shall include those urban areas
within the counties of King, Pierce and Snohomish.
(2) Northwest region shall include those urban areas
within the counties of Clallam, Jefferson, Island, Kitsap, San
Juan, Skagit and Whatcom.
(3) Northeast region shall include those urban areas
within the counties of Adams, Chelan, Douglas, Ferry,
Grant, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens
and Whitman.
(4) Southeast region shall include those urban areas
within the counties of Asotin, Benton, Columbia, Franklin,
Garfield, Kittitas, Klickitat, Walla Walla and Yakima.
(5) Southwest region shall include those urban areas
within the counties of Clark, Cowlitz, Grays Harbor, Lewis,
Mason, Pacific, Skamania, Thurston and Wahkiakum. [1967
ex.s. c 83 § 11.]
47.26.080 Urban arterial trust account—
Withholding of funds for noncompliance. There is hereby
created in the motor vehicle fund the urban arterial trust
account. The intent of the urban arterial trust account
program is to improve the arterial street system of the state
by improving mobility and safety while supporting an
[Title 47 RCW—page 102]
environment essential to the quality of life of the citizens of
the state of Washington. The city hardship assistance
program, as provided in RCW 47.26.164, and the small city
program, as provided for in RCW 47.26.115, are implemented within the urban arterial trust account.
The board shall not allocate funds, nor make payments
of the funds under RCW 47.26.260, to any county, city, or
town identified by the governor under RCW 36.70A.340.
[1999 c 94 § 16; 1994 c 179 § 8; 1991 sp.s. c 32 § 32; 1988
c 167 § 13; 1981 c 315 § 2; 1979 c 5 § 1; 1977 ex.s. c 317
§ 22; 1967 ex.s. c 83 § 14.]
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Effective date—1981 c 315: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 315 § 14.]
Effective dates—Severability—1977 ex.s. c 317: See notes
following RCW 82.36.010.
47.26.084 Transportation improvement account—
Certification of funding. The transportation improvement
account is hereby created in the motor vehicle fund. The
intent of the program is to improve mobility of people and
goods in Washington state by supporting economic development and environmentally responsive solutions to our
statewide transportation system needs.
Within one year after board approval of an application
for funding, a county, city, or transportation benefit district
shall provide written certification to the board of the pledged
local and/or private funding. Funds allocated to an applicant
that does not certify its funding within one year after
approval may be reallocated by the board. [1999 c 94 § 17;
1994 c 179 § 10; 1988 c 167 § 2.]
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
47.26.086 Transportation improvement account
projects—Intent—Limitations. Transportation improvement account projects selected for funding programs after
fiscal year 1995 are governed by the requirements of this
section.
The board shall allocate funds from the account by June
30th of each year for the ensuing fiscal year to urban
counties, cities with a population of five thousand and over,
and to transportation benefit districts. Projects may include,
but are not limited to, multi-agency projects and arterial
improvement projects in fast-growing areas. The board shall
endeavor to provide geographical diversity in selecting
improvement projects to be funded from the account.
The intent of the program is to improve mobility of
people and goods in Washington state by supporting economic development and environmentally responsive solutions
to our statewide transportation system needs.
To be eligible to receive these funds, a project must be
consistent with the Growth Management Act, the Clean Air
Act including conformity, and the Commute Trip Reduction
(2002 Ed.)
Development in Urban Areas—Urban Arterials
Law and consideration must have been given to the project’s
relationship, both actual and potential, with the statewide rail
passenger program and rapid mass transit. Projects must be
consistent with any adopted high capacity transportation
plan, must consider existing or reasonably foreseeable
congestion levels attributable to economic development or
growth and all modes of transportation and safety, and must
be partially funded by local government or private contributions, or a combination of such contributions. Priority
consideration shall be given to those projects with the
greatest percentage of local or private contribution, or both.
Within one year after board approval of an application
for funding, the lead agency shall provide written certification to the board of the pledged local and private funding for
the phase of the project approved. Funds allocated to an
applicant that does not certify its funding within one year
after approval may be reallocated by the board. [1994 c 179
§ 11.]
47.26.090 "Arterial" defined. The term "arterial" as
used in this chapter means any state highway, county road,
or city street, in an urban area, that is functionally classified
as a principal arterial, minor arterial, or collector street by
the department in cooperation with the board, regional
transportation planning organizations, cities, and counties.
The board shall develop criteria and procedures for designating arterials in the incorporated cities and towns lying
outside urban areas. [1994 c 179 § 12; 1988 c 167 § 14.
Prior: 1967 ex.s. c 83 § 15.]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
47.26.100 "City" defined. The term "city" as used in
*this chapter shall include incorporated towns. [1967 ex.s.
c 83 § 16.]
*Reviser’s note: The term "this chapter" has been substituted for
"this 1967 amendatory act." See note following RCW 47.26.010 for
codification of "this 1967 amendatory act" [1967 ex.s. c 83].
47.26.110 "Urban arterial" defined. The term
"urban arterial" as used in *this chapter means an arterial
within an urban area. [1967 ex.s. c 83 § 17.]
*Reviser’s note: The term "this chapter" has been substituted for
"this 1967 amendatory act." See note following RCW 47.26.010 for
codification of "this 1967 amendatory act." [1967 ex.s. c 83.]
47.26.115 Small city program. The intent of the
small city program is to preserve and improve the roadway
system consistent with local needs of incorporated cities and
towns with a population of less than five thousand. The
board shall adopt rules and procedures to govern the allocation of funds distributed to the small city program. [1999 c
94 § 18; 1994 c 179 § 9.]
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
47.26.121 Transportation improvement board—
Membership—Chair—Expenses. (1) There is hereby
created a transportation improvement board of twenty-one
members, six of whom shall be county members and six of
whom shall be city members. The remaining members shall
(2002 Ed.)
47.26.086
be: (a) One representative appointed by the governor who
shall be a state employee with responsibility for transportation policy, planning, or funding; (b) two representatives
from the department of transportation; (c) two representatives
of public transit systems; (d) a private sector representative;
(e) a member representing the ports; (f) a member representing nonmotorized transportation; and (g) a member representing special needs transportation.
(2) Of the county members of the board, one shall be a
county engineer or public works director; one shall be the
executive director of the county road administration board;
one shall be a county planning director or planning manager;
one shall be a county executive, councilmember, or commissioner from a county with a population of one hundred
twenty-five thousand or more; one shall be a county executive, councilmember, or commissioner of a county who
serves on the board of a public transit system; and one shall
be a county executive, councilmember, or commissioner
from a county with a population of less than one hundred
twenty-five thousand. All county members of the board,
except the executive director of the county road administration board, shall be appointed. Not more than one
county member of the board shall be from any one county.
No more than two of the three county-elected officials may
represent counties located in either the eastern or western
part of the state as divided north and south by the summit of
the Cascade mountains.
(3) Of the city members of the board one shall be a
chief city engineer, public works director, or other city
employee with responsibility for public works activities, of
a city with a population of twenty thousand or more; one
shall be a chief city engineer, public works director, or other
city employee with responsibility for public works activities,
of a city of less than twenty thousand population; one shall
be a city planning director or planning manager; one shall be
a mayor, commissioner, or city councilmember of a city with
a population of twenty thousand or more; one shall be a
mayor, commissioner, or city councilmember of a city who
serves on the board of a public transit system; and one shall
be a mayor, commissioner, or councilmember of a city of
less than twenty thousand population. All of the city
members shall be appointed. Not more than one city
member of the board shall be from any one city. No more
than two of the three city-elected officials may represent
cities located in either the eastern or western part of the state
as divided north and south by the summit of the Cascade
mountains.
(4) Of the transit members, at least one shall be a
general manager, executive director, or transit director of a
public transit system in an urban area with a population over
two hundred thousand and at least one representative from
a rural or small urban transit system in an area with a
population less than two hundred thousand.
(5) The private sector member shall be a citizen with
business, management, and transportation related experience
and shall be active in a business community-based transportation organization.
(6) The port member shall be a commissioner or senior
staff person of a public port.
(7) The nonmotorized transportation member shall be a
citizen with a demonstrated interest and involvement with a
nonmotorized transportation group.
[Title 47 RCW—page 103]
47.26.121
Title 47 RCW: Public Highways and Transportation
(8) The specialized transportation member shall be a
citizen with a demonstrated interest and involvement with a
statewide specialized needs transportation group.
(9) Appointments of county, city, Washington department of transportation, transit, port, nonmotorized transportation, special needs transportation, and private sector representatives shall be made by the secretary of the department
of transportation. Appointees shall be chosen from a list of
two persons for each position nominated by the Washington
state association of counties for county members, the
association of Washington cities for city members, the
Washington state transit association for the transit members,
and the Washington public ports association for the port
member. The private sector, nonmotorized transportation,
and special needs members shall be sought through classified
advertisements in selected newspapers collectively serving all
urban areas of the state, and other appropriate means.
Persons applying for the private sector, nonmotorized
transportation, or special needs transportation member
position must provide a letter of interest and a resume to the
secretary of the department of transportation. In the case of
a vacancy, the appointment shall be only for the remainder
of the unexpired term in which the vacancy has occurred.
A vacancy shall be deemed to have occurred on the board
when any member elected to public office completes that
term of office or is removed therefrom for any reason or
when any member employed by a political subdivision
terminates such employment for whatsoever reason or when
a private sector, nonmotorized transportation, or special
needs transportation member resigns or is unable or unwilling to serve.
(10) Appointments shall be for terms of four years.
Terms of all appointed members shall expire on June 30th of
even-numbered years. The initial term of appointed members may be for less than four years. No appointed member
may serve more than two consecutive four-year terms.
(11) The board shall elect a chair from among its
members for a two-year term.
(12) Expenses of the board shall be paid in accordance
with RCW 47.26.140.
(13) For purposes of this section, "public transit system"
means a city-owned transit system, county transportation
authority, metropolitan municipal corporation, public
transportation benefit area, or regional transit authority.
[1996 c 49 § 1; 1995 c 269 § 2603; 1994 c 179 § 13; 1993
c 172 § 1. Prior: 1991 c 363 § 124; 1991 c 308 § 1; 1990
c 266 § 4; 1988 c 167 § 1.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
Effective date—1993 c 172: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 172 § 2.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Effective date—1991 c 308: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1991." [1991 c 308 § 2.]
References to urban arterial board—1988 c 167: "References in
the Revised Code of Washington to the urban arterial board shall be
[Title 47 RCW—page 104]
construed to mean the transportation improvement board." [1988 c 167 §
35.]
Savings—1988 c 167: "All rules and all pending business before the
urban arterial board shall be continued and acted upon by the transportation
improvement board. All existing contracts and obligations of the urban
arterial board shall remain in full force and shall be performed by the
transportation improvement board." [1988 c 167 § 36.]
Severability—1988 c 167: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 167 § 37.]
47.26.130 Transportation improvement board—
Travel expenses. Members of the transportation improvement board shall receive no compensation for their services
on the board, but shall be reimbursed for travel expenses
incurred while attending meetings of the board or while
engaged on other business of the board when authorized by
the board in accordance with RCW 43.03.050 and 43.03.060
as now existing or hereafter amended. [1988 c 167 § 15;
1975-’76 2nd ex.s. c 34 § 139; 1975 1st ex.s. c 1 § 2; 1969
ex.s. c 171 § 2; 1967 ex.s. c 83 § 19.]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
47.26.140 Transportation improvement board—
Executive director, staff—Finances. The transportation
improvement board shall appoint an executive director, who
shall serve at its pleasure and whose salary shall be set by
the board, and may employ additional staff as it deems
appropriate. All costs associated with staff, together with
travel expenses in accordance with RCW 43.03.050 and
43.03.060, shall be paid from the urban arterial trust account,
public transportation systems account, and the transportation
improvement account in the motor vehicle fund as determined by the biennial appropriation. [1999 c 94 § 19; 1996
c 49 § 2; 1995 c 269 § 2605; 1994 c 179 § 14; 1988 c 167
§ 16; 1977 ex.s. c 151 § 58; 1975-’76 2nd ex.s. c 34 § 140;
1969 ex.s. c 171 § 3; 1967 ex.s. c 83 § 20.]
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
47.26.150 Transportation improvement board—
Meetings. The transportation improvement board shall meet
at least once quarterly and upon the call of its chairman and
shall from time to time adopt rules and regulations for its
own government and as may be necessary for it to discharge
its duties and exercise its powers under this chapter. [1988
c 167 § 17. Prior: 1967 ex.s. c 83 § 21.]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
(2002 Ed.)
Development in Urban Areas—Urban Arterials
47.26.160 Transportation improvement board—
Powers and duties. The transportation improvement board
shall:
(1) Adopt rules necessary to implement the provisions
of chapter 47.66 RCW and this chapter relating to the
allocation of funds;
(2) Adopt reasonably uniform design standards for city
and county arterials. [1995 c 269 § 2607; 1994 c 179 § 15;
1988 c 167 § 18; 1987 c 505 § 51; 1984 c 7 § 155; 1977
ex.s. c 235 § 17; 1971 ex.s. c 291 § 1; 1967 ex.s. c 83 §
22.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—1984 c 7: See note following RCW 47.01.141.
47.26.164 City hardship assistance program—
Implementation. The board shall adopt reasonable rules
necessary to implement the city hardship assistance program
as recommended by the road jurisdiction study.
The following criteria shall be used to implement the
program:
(1) Only those cities with a net gain in cost responsibility due to jurisdictional transfers in chapter 342, Laws of
1991, as determined by the board, may participate;
(2) Cities with populations of fifteen thousand or less,
as determined by the office of financial management, may
participate;
(3) The board shall develop criteria and procedures
under which eligible cities may request funding for rehabilitation projects on city streets acquired under chapter 342,
Laws of 1991; and
(4) The board shall also be authorized to allocate funds
from the city hardship assistance program to cities with a
population under twenty thousand to offset extraordinary
costs associated with the transfer of roadways other than
pursuant to chapter 342, Laws of 1991, that occur after
January 1, 1991. [1999 c 94 § 20; 1991 c 342 § 60.]
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Effective dates—1991 c 342: See note following RCW 47.26.167.
47.26.165 Coordination of long-range needs studies.
See RCW 47.01.240.
47.26.167 Jurisdictional transfers. The legislature
recognizes the need for a multijurisdictional body to review
future requests for jurisdictional transfers. The board is
hereby directed, beginning September 1, 1991, to receive
petitions from cities, counties, or the state requesting any
addition or deletion from the state highway system. The
board is required to utilize the criteria established in RCW
47.17.001 in evaluating petitions and to adopt rules for
implementation of this process. The board shall forward to
the legislative transportation committee by November 15
each year any recommended jurisdictional transfers. [1991
c 342 § 62.]
Effective dates—1991 c 342: "(1) Sections 62 and 63 of this act are
necessary for the immediate preservation of the public peace, health, or
(2002 Ed.)
47.26.160
safety, or support of the state government and its existing public institutions,
and shall take effect June 1, 1991.
(2) The remainder of this act shall take effect April 1, 1992." [1991
c 342 § 68.]
47.26.170 Long-range arterial construction planning—Arterial inventory data. Each county having within
its boundaries an urban area and cities and towns shall
prepare and submit to the transportation improvement board
arterial inventory data required to determine the long-range
arterial construction needs. The counties, cities, and towns
shall revise the arterial inventory data every four years to
show the current arterial construction needs through the
advanced planning period, and as revised shall submit them
to the transportation improvement board during the first
week of January every four years beginning in 1996. The
inventory data shall be prepared pursuant to guidelines
established by the transportation improvement board. As
information is updated, it shall be made available to the
commission and the legislative transportation committee.
[1994 c 179 § 16; 1988 c 167 § 19; 1984 c 7 § 156; 1971
ex.s. c 291 § 2; 1967 ex.s. c 83 § 23.]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—1984 c 7: See note following RCW 47.01.141.
47.26.185 Qualifications for administering and
supervising projects—Rules. The transportation improvement board may adopt rules establishing qualifications for
cities and counties administering and supervising the design
and construction of projects financed in part from funds
administered by the board. The rules establishing qualification shall take into account the resources and population of
the city or county, its permanent engineering staff, its design
and construction supervision experience, and other factors
the board deems appropriate. Any city or county failing to
meet the qualifications established by the board for administering and supervising a project shall contract with a qualified city or county or the department for the administration
and supervision of the design and construction of any
approved project as a condition for receiving funds for the
project. [1994 c 179 § 17; 1988 c 167 § 21; 1984 c 7 §
157; 1975 1st ex.s. c 253 § 4.]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—1984 c 7: See note following RCW 47.01.141.
47.26.190 Geographical diversity—Rules. The board
shall adopt rules that provide geographical diversity in
selecting improvement projects to be funded from the urban
arterial trust account and *small city account funds. [1994
c 179 § 18; 1988 c 167 § 22; 1987 c 360 § 1; 1981 c 315 §
4; 1979 c 151 § 162; 1977 ex.s. c 317 § 14; 1973 1st ex.s.
c 126 § 2; 1971 ex.s. c 291 § 3; 1969 ex.s. c 171 § 4; 1967
ex.s. c 83 § 25.]
*Reviser’s note: The "small city account" was renamed the "small
city program" pursuant to 1999 c 94 § 18.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Effective date—1981 c 315: See note following RCW 47.26.080.
Effective dates—Severability—1977 ex.s. c 317: See notes
following RCW 82.36.010.
[Title 47 RCW—page 105]
47.26.190
Title 47 RCW: Public Highways and Transportation
Population determinations, office of financial management: Chapter 43.62
RCW.
47.26.200 Counties—Perpetual advanced six-year
plans for coordinated transportation program, expenditures—Nonmotorized transportation—Railroad right-ofway. See RCW 36.81.121.
47.26.210 Cities—Perpetual advanced six-year plans
for coordinated transportation program, expenditures—
Nonmotorized transportation—Railroad right-of-way.
See RCW 35.77.010.
47.26.260 Payment of funds—Rules—Limitations.
The transportation improvement board shall adopt rules
providing for the approval of payments of funds in the
accounts to a county, city, town, or transportation benefit
district for costs of predesign, design, engineering, and costs
of construction of an approved project from time to time as
work progresses. These payments shall at no time exceed
the account share of the costs incurred to the date of the
voucher covering such payment. [1994 c 179 § 19; 1988 c
167 § 26; 1973 1st ex.s. c 126 § 1; 1967 ex.s. c 83 § 32.]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
47.26.270 Matching funds requirements. Counties,
cities, towns, and transportation benefit districts receiving
funds from the board shall provide such matching funds as
established by rules adopted by the transportation improvement board. When determining matching requirements, the
board shall consider (1) financial resources available to
counties and cities to meet arterial needs, (2) the amounts
and percentages of funds available for road or street construction traditionally expended by counties and cities on
arterials, (3) in the case of counties, the relative needs of
arterials lying outside urban areas, and (4) the requirements
necessary to avoid diversion of funds traditionally expended
for arterial construction to other street or road purposes or to
nonhighway purposes. [1994 c 179 § 20; 1988 c 167 § 27;
1983 1st ex.s. c 49 § 22; 1977 ex.s. c 317 § 16; 1967 ex.s.
c 83 § 33.]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Effective dates—Severability—1977 ex.s. c 317: See notes
following RCW 82.36.010.
47.26.275 Corridor grant matching. (Effective
December 30, 2002, if Referendum Bill No. 51 is approved
at the November 2002 general election.) As part of the
matching funds requirements under RCW 47.26.270, the
transportation improvement board shall require a city or
town receiving funds under RCW 46.68.110(6) to use a
portion of these funds, as determined by the board by rule,
for the purpose of matching a portion of the corridor grant
money allocated to the city or town by the board under this
chapter. [2002 c 202 § 305.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
[Title 47 RCW—page 106]
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
47.26.282 Land use implications. In any project
funded by the transportation improvement board, except for
projects in cities having a population of less than five
thousand persons, and in addition to any other items required
to be considered by statute, the board also shall consider the
land use implications of the project, such as whether the
programs and projects:
(1) Support development in and revitalization of existing
downtowns;
(2) Implement local comprehensive plans for rural and
urban residential and nonresidential densities;
(3) Have land use planning and regulations encouraging
compact development for rural and urban residential and
nonresidential densities; and
(4) Promote the use of multimodal transportation. [2002
c 189 § 5.]
47.26.300 Bicycle routes—Legislative declaration.
The state of Washington is confronted with emergency
shortages of energy sources utilized for the transportation of
its citizens and must seek alternative methods of providing
public mobility.
Bicycles are suitable for many transportation purposes,
and are pollution-free in addition to using a minimal amount
of resources and energy. However, the increased use of
bicycles for both transportation and recreation has led to an
increase in both fatal and nonfatal injuries to bicyclists.
The legislature therefore finds that the establishment,
improvement, and upgrading of bicycle routes is necessary
to promote public mobility, conserve energy, and provide for
the safety of the bicycling and motoring public. [1974 ex.s.
c 141 § 1.]
47.26.305 Bicycle routes—Use of board funds.
Bicycle routes shall, when established in accordance with
RCW 47.06.100 be eligible for establishment, improvement,
and upgrading with board funds. The board shall adopt rules
and procedures that will encourage the development of a
system of bicycle routes within counties, cities, and towns.
[1994 c 179 § 21; 1988 c 167 § 28; 1974 ex.s. c 141 § 2.]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
47.26.320 Advance right-of-way acquisition—
Definition. The term "advance right-of-way acquisition" as
used in this chapter means the acquisition of property and
property rights, together with the engineering costs necessary
for the advance right-of-way acquisition. Property or
property rights purchased must be for projects approved by
the transportation improvement board or the county road
administration board as part of a city or county six-year plan
or program. [2001 c 201 § 1.]
47.26.325 Advance right-of-way acquisition—
Revolving fund. The city and county advance right-of-way
revolving fund is created in the custody of the treasurer.
(2002 Ed.)
Development in Urban Areas—Urban Arterials
47.26.325
The transportation improvement board is the administrator of
the fund and may deposit directly and spend without
appropriation.
The transportation improvement board and the county
road administration board, in consultation with the association of Washington cities and the Washington association of
counties, shall adopt reasonable rules and develop policies to
implement this program. [2001 c 201 § 2.]
of the bonds shall be under the supervision and control of
the state finance committee which, upon request being made
by the commission, shall provide for the issuance, sale, and
retirement of coupon or registered bonds to be dated, issued,
and sold from time to time in such amounts as shall be
requested by the commission. [1984 c 7 § 161; 1973 1st
ex.s. c 169 § 1; 1967 ex.s. c 83 § 36.]
47.26.330 Advance right-of-way acquisition—
Management of properties and funds. (1) After any
properties or property rights are acquired through funds in
the city and county advance right-of-way revolving fund, the
acquiring city or county is responsible for the management
of the properties in accordance with sound business practices
and shall provide annual status reports to the board. Funds
received by the city or county from the interim management
of the properties must be deposited into the city and county
advance right-of-way revolving fund.
(2) When the city or county proceeds with the construction of an arterial project that will require the use of any of
the property so acquired, the city or county shall reimburse
the city and county advance right-of-way revolving fund.
Reimbursement must reflect the original cost of the acquired
property or property rights required for the project plus an
interest rate as determined annually by the board. The board
shall report on the interest rate set to the transportation
committees through its annual report.
(3) When the city or county determines that any
properties or property rights acquired from funds in the city
and county advance right-of-way revolving fund will not be
required for an arterial construction project or the property
has been held by the city or county for more than six years,
the city or county shall either sell the property at fair market
value or reimburse the fund at fair market value. All
proceeds of the sale must be deposited in the city and county
advance right-of-way revolving fund. At the board’s
discretion, a portion of savings on transportation improvement board projects realized through the use of the city and
county advance [right-of-way] revolving fund may be
deposited back into the city and county advance right-of-way
revolving fund.
(4) Deposits in the fund may be reexpended without
further or additional appropriations. [2001 c 201 § 3.]
47.26.401 Bonds—Term—Terms and conditions—
Signatures—Registration—Where payable—Negotiable
instruments. Each of such bonds shall be made payable at
any time not exceeding thirty years from the date of its
issuance, with such reserved rights of prior redemption,
bearing such interest, and such terms and conditions, as the
state finance committee may prescribe to be specified
therein. The bonds shall be signed by the governor and the
state treasurer under the seal of the state, one of which
signatures shall be made manually and the other signature
may be in printed facsimile, and any coupons attached to
such bonds shall be signed by the same officers whose
signatures thereon may be in printed facsimile. Any bonds
may be registered in the name of the holder on presentation
to the state treasurer or at the fiscal agency of the state of
Washington in New York City, as to principal alone, or as
to both principal and interest under such regulations as the
state treasurer may prescribe. Such bonds shall be payable
at such places as the state finance committee may provide.
All bonds issued hereunder shall be fully negotiable instruments. [1973 1st ex.s. c 169 § 2; 1967 ex.s. c 83 § 37.]
BOND ISSUE—STATE HIGHWAYS IN
URBAN AREAS
47.26.400 Issuance and sale of general obligation
bonds—Authorized—Amount—Declaration of purpose.
In order to provide funds necessary to meet the urgent needs
for highway construction on state highways within urban
areas, there shall be issued and sold general obligation bonds
of the state of Washington in the sum of two hundred
million dollars or such amount thereof and at such times as
determined to be necessary by the commission. The amount
of the bonds issued and sold under the provisions of RCW
47.26.400 through 47.26.407 in any biennium shall not
exceed the amount of a specific appropriation therefor from
the proceeds of such bonds, for the construction of state
highways in urban areas. The issuance, sale, and retirement
(2002 Ed.)
Severability—1984 c 7: See note following RCW 47.01.141.
47.26.402 Bonds—Denominations—Manner and
terms of sale—Legal investment for state funds. The
bonds issued hereunder shall be in denominations to be
prescribed by the state finance committee and may be sold
in such manner and in such amounts and at such times and
on such terms and conditions as the committee may prescribe. If the bonds are sold to any purchaser other than the
state of Washington, they shall be sold at public sale, and it
shall be the duty of the state finance committee to cause
such sale to be advertised in such manner as it shall deem
sufficient. Bonds issued under the provisions of RCW
47.26.400 through 47.26.407 shall be legal investment for
any of the funds of the state, except the permanent school
fund. [1967 ex.s. c 83 § 38.]
47.26.403 Bonds—Bond proceeds—Deposit and use.
The money arising from the sale of said bonds shall be
deposited in the state treasury to the credit of the motor
vehicle fund and such money shall be available only for the
construction of state highways within the urban areas of the
state, and for payment of the expenses incurred in the
printing, issuance, and sale of any such bonds. [1967 ex.s.
c 83 § 39.]
47.26.404 Bonds—Statement describing nature of
obligation—Pledge of excise taxes. Bonds issued under the
provisions of RCW 47.26.400 through 47.26.407 shall
distinctly state that they are a general obligation of the state
of Washington, shall pledge the full faith and credit of the
state to the payment of the principal thereof and the interest
[Title 47 RCW—page 107]
47.26.404
Title 47 RCW: Public Highways and Transportation
thereon and shall contain an unconditional promise to pay
such principal and interest as the same shall become due.
The principal of and interest on such bonds shall be first
payable in the manner provided in RCW 47.26.400 through
47.26.407 from the proceeds of state excise taxes on motor
vehicle fuels imposed by chapter 82.36 RCW and *chapter
82.40 RCW. The proceeds of such excise taxes are hereby
pledged to the payment of any bonds and the interest thereon
issued under the provisions of RCW 47.26.400 through
47.26.407, and the legislature hereby agrees to continue to
impose the same excise taxes on motor vehicle fuels in
amounts sufficient to pay, when due, the principal and
interest on all bonds issued under the provisions of RCW
47.26.400 through 47.26.407. [1973 1st ex.s. c 169 § 3;
1967 ex.s. c 83 § 40.]
*Reviser’s note: Chapter 82.40 RCW was repealed by 1971 ex.s. c
175 § 33; for later enactment see chapter 82.38 RCW.
47.26.405 Bonds—Designation of funds to repay
bonds and interest. Any funds required to repay such
bonds, or the interest thereon when due shall be taken from
that portion of the motor vehicle fund which results from the
imposition of excise taxes on motor vehicle and special fuels
and which is distributed to the state under the provisions of
*RCW 46.68.090(1)(c) for construction of state highways in
urban areas, and shall never constitute a charge against any
allocations of any other such funds to the state, counties,
cities, and towns unless and until the amount of the motor
vehicle fund arising from the excise taxes on motor vehicle
and special fuels and available to the state for construction
of state highways in urban areas proves insufficient to meet
the requirements for bond retirement or interest on any such
bonds. [1999 c 269 § 5; 1977 ex.s. c 317 § 17; 1967 ex.s.
c 83 § 41.]
*Reviser’s note: RCW 46.68.090 was amended by 2002 c 202 § 303,
changing subsection (1)(c) to subsection (2)(a), effective December 30,
2002, if Referendum Bill No. 51 is approved at the November 2002 general
election.
Effective date—1999 c 269: See note following RCW 36.78.070.
Effective dates—Severability—1977 ex.s. c 317: See notes
following RCW 82.36.010.
47.26.406 Bonds—Repayment procedure—Bond
retirement fund. At least one year prior to the date any
interest is due and payable on such bonds or before the
maturity date of any such bonds, the state finance committee
shall estimate, subject to the provisions of RCW 47.26.405,
the percentage of the receipts in money of the motor vehicle
fund, resulting from collection of excise taxes on motor
vehicle fuels, for each month of the year which shall be
required to meet interest or bond payments hereunder when
due, and shall notify the state treasurer of such estimated
requirement. The state treasurer shall thereafter from time
to time each month as such funds are paid into the motor
vehicle fund, transfer such percentage of the monthly
receipts from excise taxes on motor vehicle fuels of the
motor vehicle fund to the bond retirement fund, hereby
created, which fund shall be available solely for payment of
interest or bonds when due. If in any month it shall appear
that the estimated percentage of money so made is insufficient to meet the requirements for interest or bond retirement, the treasurer shall notify the state finance committee
[Title 47 RCW—page 108]
forthwith and such committee shall adjust its estimates so
that all requirements for interest and principal of all bonds
issued shall be fully met at all times. [1967 ex.s. c 83 § 42.]
47.26.407 Bonds—Sums in excess of retirement
requirements—Use. Whenever the percentage of the motor
vehicle fund arising from excise taxes on motor vehicle fuels
payable into the bond retirement fund, shall prove more than
is required for the payment of interest on bonds when due,
or current retirement of bonds, any excess may, in the
discretion of the state finance committee, be available for the
prior redemption of any bonds or remain available in the
fund to reduce the requirements upon the fuel excise tax
portion of the motor vehicle fund at the next interest or bond
payment period. [1967 ex.s. c 83 § 43.]
BOND ISSUE—COUNTY AND CITY ARTERIALS
IN URBAN AREAS
47.26.420 Issuance and sale of general obligation
bonds—Authorized—Amount—Declaration of purpose.
In order to provide funds necessary to meet the urgent construction needs on county and city arterials within urban
areas, there are hereby authorized for issuance general
obligation bonds of the state of Washington, the first
authorization of which shall be in the sum of two hundred
million dollars, and the second authorization of which, to be
known as series II bonds, shall be in the sum of sixty
million dollars, and the third authorization of which, to be
known as series III bonds, shall be in the sum of one
hundred million dollars which shall be issued and sold in
such amounts and at such times as determined to be necessary by the state transportation commission. The amount of
such bonds issued and sold under the provisions of RCW
47.26.420 through 47.26.427 in any biennium shall not
exceed the amount of a specific appropriation therefor, from
the proceeds of such bonds, for the construction of county
and city arterials in urban areas. The issuance, sale, and
retirement of said bonds shall be under the supervision and
control of the state finance committee which, upon request
being made by the state transportation commission, shall
provide for the issuance, sale, and retirement of coupon or
registered bonds to be dated, issued, and sold from time to
time in such amounts as shall be requested by the state
transportation commission. [1981 c 315 § 5; 1979 c 5 § 3.
Prior: 1977 ex.s. c 317 § 18; 1973 1st ex.s. c 169 § 4; 1967
ex.s. c 83 § 45.]
Effective date—1981 c 315: See note following RCW 47.26.080.
Appropriation—Expenditure limited to bond sale proceeds—1981
c 315: "There is appropriated from the urban arterial trust account in the
motor vehicle fund to the urban arterial board for the biennium ending June
30, 1983, the sum of thirty-five million dollars, or so much thereof as may
be necessary, to carry out section 5 of this act: PROVIDED, That the
money available for expenditure under this appropriation may not exceed
the amount of money derived from the sale of bonds authorized by section
5 of this act and deposited to the credit of the urban arterial trust account
in the motor vehicle fund." [1981 c 315 § 13.] Section 5 of this act is
RCW 47.26.420.
Construction—1979 c 5: "Nothing in this 1979 act shall be
construed to impair the obligations of any first authorization bonds issued
or to be issued under RCW 47.26.420 through 47.26.427, or to enlarge the
original authorization thereof over two hundred million dollars, and the
retirement of and issuance of the remainder of the authorized amount of
(2002 Ed.)
Development in Urban Areas—Urban Arterials
such bonds shall proceed in accordance with law under the supervision of
the state finance committee." [1979 c 5 § 12.]
Effective dates—Severability—1977 ex.s. c 317: See notes
following RCW 82.36.010.
47.26.421 Bonds—Term—Terms and conditions—
Signatures—Registration—Where payable—Negotiable
instruments. Each of such first authorization bonds, series
II bonds, and series III bonds shall be made payable at any
time not exceeding thirty years from the date of its issuance,
with such reserved rights of prior redemption, bearing such
interest, and such terms and conditions, as the state finance
committee may prescribe to be specified therein. The bonds
shall be signed by the governor and the state treasurer under
the seal of the state, either or both of which signatures may
be in printed facsimile, and any coupons attached to such
bonds shall be signed by the same officers whose signatures
thereon may be in printed facsimile. Any bonds may be
registered in the name of the holder on presentation to the
state treasurer or at the fiscal agency of the state of Washington in Seattle or New York City, as to principal alone, or
as to both principal and interest under such regulations as the
state treasurer may prescribe. Such bonds shall be payable
at such places as the state finance committee may provide.
All bonds issued hereunder shall be fully negotiable instruments. [1986 c 290 § 3; 1981 c 315 § 6; 1979 c 5 § 4;
1973 1st ex.s. c 169 § 5; 1967 ex.s. c 83 § 46.]
Effective date—1981 c 315: See note following RCW 47.26.080.
Construction—1979 c 5: See note following RCW 47.26.420.
47.26.422 Bonds—Denominations—Manner and
terms of sale—Legal investment for state funds. The first
authorization bonds, series II bonds, and series III bonds
issued hereunder shall be in denominations to be prescribed
by the state finance committee and may be sold in such
manner and in such amounts and at such times and on such
terms and conditions as the committee may prescribe. The
state finance committee may obtain insurance, letters of
credit, or other credit facility devices with respect to the
bonds and may authorize the execution and delivery of
agreements, promissory notes, and other obligations for the
purpose of insuring the payment or enhancing the marketability of the bonds. Promissory notes or other obligations
issued pursuant to this section shall not constitute a debt or
the contracting of indebtedness under any constitutional or
statutory indebtedness limitation if their payment is conditioned upon the failure of the state to pay the principal of or
interest on the bonds with respect to which the promissory
notes or other obligations relate. The state finance committee may authorize the issuance of short-term obligations in
lieu of long-term obligations for the purposes of more
favorable interest rates, lower total interest costs, and
increased marketability and for the purpose of retiring the
bonds during the life of the project for which they were
issued. Bonds issued under the provisions of RCW
47.26.420 through 47.26.427 and 47.26.425 shall be legal
investment for any of the funds of the state, except the
permanent school fund. [1986 c 290 § 4; 1981 c 315 § 7;
1979 c 5 § 5; 1967 ex.s. c 83 § 47.]
Effective date—1981 c 315: See note following RCW 47.26.080.
Construction—1979 c 5: See note following RCW 47.26.420.
(2002 Ed.)
47.26.420
47.26.423 Bonds—Bond proceeds—Deposit and use.
The money arising from the sale of the first authorization
bonds, series II bonds, and series III bonds shall be deposited in the state treasury to the credit of the urban arterial trust
account in the motor vehicle fund, and such money shall be
available only for the construction and improvement of
county and city urban arterials, and for payment of the
expense incurred in the printing, issuance, and sale of any
such bonds. The costs of obtaining insurance, letters of
credit, or other credit enhancement devices with respect to
the bonds shall be considered to be expenses incurred in the
issuance and sale of the bonds. [1986 c 290 § 5; 1981 c 315
§ 8; 1979 c 5 § 6; 1967 ex.s. c 83 § 48.]
Effective date—1981 c 315: See note following RCW 47.26.080.
Construction—1979 c 5: See note following RCW 47.26.420.
47.26.424 Bonds—Statement describing nature of
obligation—Pledge of excise taxes. The first authorization
bonds, series II bonds, and series III bonds shall distinctly
state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon, and shall contain an unconditional promise to pay
such principal and interest as the same shall become due.
The principal and interest on such bonds shall be first
payable in the manner provided in RCW 47.26.420 through
47.26.427, 47.26.425, and 47.26.4254 from the proceeds of
state excise taxes on motor vehicle and special fuels imposed
by chapters 82.36 and 82.38 RCW. The proceeds of such
excise taxes are hereby pledged to the payment of any such
bonds and the interest thereon, and the legislature hereby
agrees to continue to impose the same excise taxes on motor
vehicle and special fuels in amounts sufficient to pay, when
due, the principal and interest on all such bonds. [1995 c
274 § 11; 1981 c 315 § 9; 1979 c 5 § 7; 1977 ex.s. c 317 §
19; 1973 1st ex.s. c 169 § 6; 1967 ex.s. c 83 § 49.]
Effective date—1981 c 315: See note following RCW 47.26.080.
Construction—1979 c 5: See note following RCW 47.26.420.
Effective dates—Severability—1977 ex.s. c 317: See notes
following RCW 82.36.010.
47.26.425 Bonds—Designation of funds to repay
bonds and interest. Any funds required to repay the first
authorization of two hundred million dollars of bonds
authorized by RCW 47.26.420, as amended by section 18,
chapter 317, Laws of 1977 ex. sess. or the interest thereon
when due, shall be taken from that portion of the motor
vehicle fund which results from the imposition of excise
taxes on motor vehicle and special fuels and which is
distributed to the urban arterial trust account in the motor
vehicle fund pursuant to *RCW 46.68.090(1)(g), and shall
never constitute a charge against any allocations of any other
such funds in the motor vehicle fund to the state, counties,
cities, and towns unless and until the amount of the motor
vehicle fund arising from the excise tax on motor vehicle
and special fuels and distributed to the urban arterial trust
account proves insufficient to meet the requirements for
bond retirement or interest on any such bonds. [1999 sp.s.
c 1 § 609. Prior: 1999 c 269 § 6; 1999 c 94 § 21; 1994 c
179 § 22; 1977 ex.s. c 317 § 20; 1967 ex.s. c 83 § 50.]
[Title 47 RCW—page 109]
47.26.425
Title 47 RCW: Public Highways and Transportation
*Reviser’s note: RCW 46.68.090 was amended by 2002 c 202 § 303,
changing subsection (1)(g) to subsection (2)(e), effective December 30,
2002, if Referendum Bill No. 51 is approved at the November 2002 general
election.
Severability—Effective date—1999 sp.s. c 1: See notes following
RCW 43.19.1906.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Effective dates—Severability—1977 ex.s. c 317: See notes
following RCW 82.36.010.
47.26.4252 Bonds—Series II bonds, 1979 reenactment—Designation of funds to repay bonds and interest.
Any funds required to repay the authorization of series II
bonds authorized by RCW 47.26.420, as reenacted by section
3, chapter 5, Laws of 1979, or the interest thereon when due,
shall first be taken from that portion of the motor vehicle
fund which results from the imposition of excise taxes on
motor vehicle and special fuels imposed by chapters 82.36
and 82.38 RCW and which is distributed to the urban arterial
trust account in the motor vehicle fund pursuant to *RCW
46.68.090(1)(g), subject, however, to the prior lien of the
first authorization of bonds authorized by RCW 47.26.420,
as reenacted by section 3, chapter 5, Laws of 1979. If the
moneys distributed to the urban arterial trust account shall
ever be insufficient to repay the first authorization bonds
together with interest thereon, and the series II bonds or the
interest thereon when due, the amount required to make such
payments on such bonds or interest thereon shall next be
taken from that portion of the motor vehicle fund which
results from the imposition of excise taxes on motor vehicle
and special fuels and which is distributed to the state,
counties, cities, and towns pursuant to RCW 46.68.090. Any
payments on such bonds or interest thereon taken from
motor vehicle or special fuel tax revenues which are distributable to the state, counties, cities, and towns, shall be repaid
from the first moneys distributed to the urban arterial trust
account not required for redemption of the first authorization
bonds or series II and series III bonds or interest on those
bond issues. [1999 sp.s. c 1 § 610. Prior: 1999 c 269 § 7;
1999 c 94 § 22; 1995 c 274 § 12; 1994 c 179 § 23; 1983 1st
ex.s. c 49 § 23; 1979 c 5 § 8.]
*Reviser’s note: RCW 46.68.090 was amended by 2002 c 202 § 303,
changing subsection (1)(g) to subsection (2)(e), effective December 30,
2002, if Referendum Bill No. 51 is approved at the November 2002 general
election.
Severability—Effective date—1999 sp.s. c 1: See notes following
RCW 43.19.1906.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Construction—1979 c 5: See note following RCW 47.26.420.
47.26.4254 Bonds—Series III bonds—Designation
of funds to repay bonds and interest. (1) Any funds
required to repay series III bonds authorized by RCW
47.26.420, or the interest thereon, when due shall first be
taken from that portion of the motor vehicle fund that results
from the imposition of excise taxes on motor vehicle and
special fuels imposed by chapters 82.36 and 82.38 RCW and
[Title 47 RCW—page 110]
that is distributed to the urban arterial trust account in the
motor vehicle fund pursuant to *RCW 46.68.090(1)(g),
subject, however, to the prior lien of the first authorization
of bonds authorized by RCW 47.26.420. If the moneys so
distributed to the urban arterial trust account, after first being
applied to administrative expenses of the transportation
improvement board and to the requirements of bond retirement and payment of interest on first authorization bonds
and series II bonds as provided in RCW 47.26.425 and
47.26.4252, are insufficient to meet the requirements for
bond retirement or interest on any series III bonds, the
amount required to make such payments on series III bonds
or interest thereon shall next be taken from that portion of
the motor vehicle fund that results from the imposition of
excise taxes on motor vehicle and special fuels and that is
distributed to the state, counties, cities, and towns pursuant
to RCW 46.68.090, subject, however, to subsection (2) of
this section.
(2) To the extent that moneys so distributed to the urban
arterial trust account are insufficient to meet the requirements for bond retirement or interest on any series III bonds,
sixty percent of the amount required to make such payments
when due shall first be taken from that portion of the motor
vehicle fund that results from the imposition of excise taxes
on motor vehicle and special fuels and that is distributed to
the state. The remaining forty percent shall first be taken
from that portion of the motor vehicle fund that results from
the imposition of excise taxes on motor vehicle and special
fuels and that is distributed to the cities and towns pursuant
to *RCW 46.68.090(1)(i) and to the counties pursuant to
*RCW 46.68.090(1)(j). Of the counties’, cities’, and towns’
share of any additional amounts required in each fiscal year,
the percentage thereof to be taken from the counties’
distributive share and from the cities’ and towns’ distributive
share shall correspond to the percentage of funds authorized
for specific county projects and for specific city and town
projects, respectively, from the proceeds of series III bonds,
for the period through the first eleven months of the prior
fiscal year as determined by the chairman of the transportation improvement board and reported to the state finance
committee and the state treasurer not later than the first
working day of June.
(3) Any payments on such bonds or interest thereon
taken from motor vehicle or special fuel tax revenues that
are distributable to the state, counties, cities, and towns shall
be repaid from the first moneys distributed to the urban
arterial trust account not required for redemption of the first
authorization bonds, series II bonds, or series III bonds or
interest on these bonds. [1999 sp.s. c 1 § 611. Prior: 1999
c 269 § 8; 1999 c 94 § 23; 1995 c 274 § 13; 1994 c 179 §
24; 1988 c 167 § 30; 1983 1st ex.s. c 49 § 24; 1981 c 315
§ 10.]
*Reviser’s note: RCW 46.68.090 was amended by 2002 c 202 § 303,
changing subsection (1)(g), (i), and (j) to subsection (2)(e), (g), and (h),
effective December 30, 2002, if Referendum Bill No. 51 is approved at the
November 2002 general election.
Severability—Effective date—1999 sp.s. c 1: See notes following
RCW 43.19.1906.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
(2002 Ed.)
Development in Urban Areas—Urban Arterials
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Effective date—1981 c 315: See note following RCW 47.26.080.
47.26.4255 Bonds—Series II bonds, 1979 reenactment—Charge against fuel tax revenues. Except as
otherwise provided by statute, the series II bonds issued
under authority of RCW 47.26.420, as reenacted by section
3, chapter 5, Laws of 1979, the bonds authorized by RCW
47.60.560 through 47.60.640, and any general obligation
bonds of the state of Washington which may be authorized
by the forty-sixth legislature or thereafter and which pledge
motor vehicle and special fuel excise taxes for the payment
of principal and interest thereon shall be an equal charge
against the revenues from such motor vehicle and special
fuel excise taxes. [1979 c 5 § 9.]
Construction—1979 c 5: See note following RCW 47.26.420.
47.26.426 Bonds—Repayment procedure—Bond
retirement account. At least one year prior to the date any
interest is due and payable on such first authorization bonds,
series II bonds, and series III bonds or before the maturity
date of any such bonds, the state finance committee shall
estimate, subject to the provisions of RCW 47.26.425,
47.26.4252, and 47.26.4254 the percentage of the receipts in
money of the motor vehicle fund, resulting from collection
of excise taxes on motor vehicle and special fuels, for each
month of the year which shall be required to meet interest or
bond payments hereunder when due, and shall notify the
state treasurer of such estimated requirement. The state
treasurer, subject to RCW 47.26.425, 47.26.4252, and
47.26.4254, shall thereafter from time to time each month as
such funds are paid into the motor vehicle fund, transfer
such percentage of the monthly receipts from excise taxes on
motor vehicle and special fuels of the motor vehicle fund to
the transportation improvement board bond retirement
account, maintained in the office of the state treasurer, which
fund shall be available for payment of interest or bonds
when due. If in any month it shall appear that the estimated
percentage of money so made is insufficient to meet the
requirements for interest or bond retirement, the treasurer
shall notify the state finance committee forthwith and such
committee shall adjust its estimates so that all requirements
for interest and principal of all bonds issued shall be fully
met at all times. [1999 c 268 § 1; 1981 c 315 § 11; 1979 c
5 § 10; 1967 ex.s. c 83 § 51.]
Effective date—1981 c 315: See note following RCW 47.26.080.
Construction—1979 c 5: See note following RCW 47.26.420.
47.26.427 Bonds—Sums in excess of retirement
requirements—Use. Whenever the percentage of the motor
vehicle fund arising from excise taxes on motor vehicle and
special fuels payable into the transportation improvement
board bond retirement account, shall prove more than is
required for the payment of interest on bonds when due, or
current retirement of bonds, any excess may, in the discretion of the state finance committee, be available for the
prior redemption of any bonds or remain available in the
fund [account] to reduce the requirements upon the fuel
(2002 Ed.)
47.26.4254
excise tax portion of the motor vehicle fund at the next
interest or bond payment period. [1999 c 268 § 2; 1979 c
5 § 11; 1967 ex.s. c 83 § 52.]
Construction—1979 c 5: See note following RCW 47.26.420.
47.26.440 Budget for expenditures from funds
administered by board—Estimate of revenues. Not later
than November 1st of each even-numbered year the transportation improvement board shall prepare and present to the
commission for comment and recommendation an adopted
budget for expenditures from funds administered by the
board during the ensuing biennium. The budget shall
contain an estimate of the revenues to be credited to the
several accounts and the amount, if any, of bond proceeds
which the board determines should be made available
through the sale of bonds in the ensuing biennium. [1994 c
179 § 25; 1988 c 167 § 32; 1984 c 7 § 163; 1967 ex.s. c 83
§ 54.]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—1984 c 7: See note following RCW 47.01.141.
47.26.450 Allocation of funds—Value engineering
studies—Rules. The board shall adopt rules and procedures
to govern the allocation of funds subject to the appropriations actually approved by the legislature.
The board shall develop rules and procedures to require
value engineering studies performed by an interagency team
for certain board funded projects. When determining the
process, the board shall consider the project cost, length, and
complexity. [1994 c 179 § 26; 1988 c 167 § 33; 1987 c 360
§ 2; 1973 1st ex.s. c 126 § 3; 1969 ex.s. c 171 § 6.]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
47.26.460 Increase in funds allocated to a project—
Rules—Factors. The board shall adopt reasonable rules
pursuant to which funds allocated to a project may be
increased upon a subsequent application of the county, city,
town, or transportation benefit district constructing the
project. The rules adopted by the board shall consider the
following factors: (1) The financial effect of increasing the
original allocation for the project upon other urban arterial
projects either approved or requested; (2) whether the project
for which an additional authorization is requested can be reduced in scope while retaining a usable segment; (3) whether
the cost of the project shown in the original application was
based upon reasonable engineering estimates; and (4)
whether the requested additional authorization is to pay for
an expansion in the scope of work originally approved.
[1994 c 179 § 27; 1969 ex.s. c 171 § 7.]
BOND ISSUE—TRANSPORTATION PROJECTS IN
URBAN AREAS
47.26.500 Issuance authorized. In order to provide
funds necessary to meet the urgent construction needs on
state, county, and city transportation projects, there are
hereby authorized for issuance general obligation bonds of
the state of Washington in the sum of one hundred million
dollars, which shall be issued and sold in such amounts and
[Title 47 RCW—page 111]
47.26.500
Title 47 RCW: Public Highways and Transportation
at such times as determined to be necessary by the state
transportation improvement board. The amount of such
bonds issued and sold under the provisions of RCW
47.26.500 through 47.26.507 in any biennium shall not
exceed the amount of a specific appropriation therefor, from
the proceeds of such bonds, for the construction of state,
county, and city transportation projects. The issuance, sale,
and retirement of the bonds shall be under the supervision
and control of the state finance committee which, upon request being made by the board, shall provide for the issuance, sale, and retirement of coupon or registered bonds to
be dated, issued, and sold from time to time in such amounts
as shall be requested by the board. [2000 2nd sp.s. c 6 § 1;
1994 c 179 § 28; 1993 c 440 § 1.]
any of the funds of the state, except the permanent school
fund. [1993 c 440 § 3.]
47.26.501 Term—Signatures—Registration—
Negotiable instruments. Each of such bonds shall be made
payable at any time not exceeding thirty years from the date
of its issuance, with such reserved rights of prior redemption,
bearing such interest, and such terms and conditions, as the
state finance committee may prescribe to be specified
therein. The bonds shall be signed by the governor and the
state treasurer under the seal of the state, either or both of
which signatures may be in printed facsimile, and any
coupons attached to such bonds shall be signed by the same
officers whose signatures thereon may be in printed facsimile. Any bonds may be registered in the name of the holder
on presentation to the state treasurer or at the fiscal agency
of the state of Washington in Seattle or New York City, as
to principal alone, or as to both principal and interest under
such rules as the state treasurer may adopt. Such bonds
shall be payable at such places as the state finance committee may provide. All bonds issued hereunder shall be fully
negotiable instruments. [1993 c 440 § 2.]
47.26.504 Statement of obligation—Pledge of excise
taxes. Bonds issued under the provisions of RCW 47.26.500
through 47.26.507 shall distinctly state that they are a
general obligation of the state of Washington, shall pledge
the full faith and credit of the state to the payment of the
principal thereof and the interest thereon, and shall contain
an unconditional promise to pay such principal and interest
as the same shall become due. The principal and interest on
such bonds shall be first payable in the manner provided in
RCW 47.26.500 through 47.26.507 from the proceeds of
state excise taxes on motor vehicle and special fuels imposed
by chapters 82.36 and 82.38 RCW. The proceeds of such
excise taxes are hereby pledged to the payment of any such
bonds and the interest thereon, and the legislature hereby
agrees to continue to impose the same excise taxes on motor
vehicle and special fuels in amounts sufficient to pay, when
due, the principal and interest on all such bonds. [1995 c
274 § 14; 1993 c 440 § 5.]
47.26.502 Denominations—Manner and terms of
sale—State investment. The bonds issued under RCW
47.26.500 through 47.26.507 shall be in denominations to be
prescribed by the state finance committee and may be sold
in such manner and in such amounts and at such times and
on such terms and conditions as the committee may prescribe. The state finance committee may obtain insurance,
letters of credit, or other credit facility devices with respect
to the bonds and may authorize the execution and delivery
of agreements, promissory notes, and other obligations for
the purpose of insuring the payment or enhancing the
marketability of the bonds. Promissory notes or other
obligations issued pursuant to this section shall not constitute
a debt or the contracting of indebtedness under any constitutional or statutory indebtedness limitation if their payment is
conditioned upon the failure of the state to pay the principal
of or interest on the bonds with respect to which the promissory notes or other obligations relate. The state finance
committee may authorize the issuance of short-term obligations in lieu of long-term obligations for the purposes of
more favorable interest rates, lower total interest costs, and
increased marketability and for the purpose of retiring the
bonds during the life of the project for which they were
issued. Bonds issued under the provisions of RCW
47.26.500 through 47.26.507 shall be legal investment for
[Title 47 RCW—page 112]
47.26.503 Use of proceeds. The money arising from
the sale of the bonds shall be deposited in the state treasury
to the credit of the transportation improvement account in
the motor vehicle fund, and such money shall be available
only for the construction and improvement of state, county,
and city transportation projects, and for payment of the
expense incurred in the printing, issuance, and sale of any
such bonds. The costs of obtaining insurance, letters of
credit, or other credit enhancement devices with respect to
the bonds shall be considered to be expenses incurred in the
issuance and sale of the bonds. [1993 c 440 § 4.]
47.26.505 Funds for repayment. Any funds required
to repay such bonds, or the interest thereon when due, shall
be taken from that portion of the motor vehicle fund which
results from the imposition of excise taxes on motor vehicle
and special fuels and which is distributed to the transportation improvement account in the motor vehicle fund under
*RCW 46.68.090(1)(h), and shall never constitute a charge
against any allocations of any other such funds in the motor
vehicle fund to the state, counties, cities, and towns unless
and until the amount of the motor vehicle fund arising from
the excise tax on motor vehicle and special fuels and
distributed to the transportation improvement account proves
insufficient to meet the requirements for bond retirement or
interest on any such bonds. [1999 sp.s. c 1 § 612. Prior:
1999 c 269 § 9; 1999 c 94 § 24; 1994 c 179 § 29; 1993 c
440 § 6.]
*Reviser’s note: RCW 46.68.090 was amended by 2002 c 202 § 303,
changing subsection (1)(h) to subsection (2)(f), effective December 30,
2002, if Referendum Bill No. 51 is approved at the November 2002 general
election.
Severability—Effective date—1999 sp.s. c 1: See notes following
RCW 43.19.1906.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
(2002 Ed.)
Development in Urban Areas—Urban Arterials
47.26.506 Repayment procedure—Bond retirement
account. At least one year prior to the date any interest is
due and payable on such bonds or before the maturity date
of any such bonds, the state finance committee shall estimate, subject to the provisions of RCW 47.26.505 the
percentage of the receipts in money of the motor vehicle
fund, resulting from collection of excise taxes on motor
vehicle and special fuels, for each month of the year which
shall be required to meet interest or bond payments under
RCW 47.26.500 through 47.26.507 when due, and shall
notify the state treasurer of such estimated requirement. The
state treasurer, subject to RCW 47.26.505, shall thereafter
from time to time each month as such funds are paid into the
motor vehicle fund, transfer such percentage of the monthly
receipts from excise taxes on motor vehicle and special fuels
of the motor vehicle fund to the transportation improvement
board bond retirement account, maintained in the office of
the state treasurer, which account shall be available for
payment of principal and interest or bonds when due. If in
any month it shall appear that the estimated percentage of
money so made is insufficient to meet the requirements for
interest or bond retirement, the treasurer shall notify the state
finance committee forthwith and such committee shall adjust
its estimates so that all requirements for interest and principal of all bonds issued shall be fully met at all times. [1997
c 456 § 24; 1993 c 440 § 7.]
1, 1967 shall not be affected by this act. [1967 ex.s. c 83 §
62.]
47.26.930 Construction—1969 ex.s. c 171. The rule
of strict construction shall have no application to this 1969
act or to the provisions of chapter 47.26 RCW, and they
shall be liberally construed in order to carry out an effective,
efficient and equitable program of financial assistance to
urban area cities and counties for arterial roads and streets.
[1969 ex.s. c 171 § 8.]
Chapter 47.28
CONSTRUCTION AND MAINTENANCE
OF HIGHWAYS
Sections
47.28.010
47.28.020
47.28.025
47.28.026
47.28.030
47.28.035
47.28.040
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
47.28.050
47.28.060
47.28.070
47.26.507 Sums in excess of retirement requirements—Use. Whenever the percentage of the motor vehicle
fund arising from excise taxes on motor vehicle and special
fuels payable into the transportation improvement board
bond retirement account, shall prove more than is required
for the payment of interest on bonds when due, or current
retirement of bonds, any excess may, in the discretion of the
state finance committee, be available for the prior redemption of any bonds or remain available in the fund [account]
to reduce the requirements upon the fuel excise tax portion
of the motor vehicle fund at the next interest or bond
payment period. [1999 c 268 § 3; 1993 c 440 § 8.]
47.28.075
47.28.080
47.28.090
47.28.100
47.28.110
47.28.120
47.28.140
47.26.900 Severability—1967 ex.s. c 83. If any
provision of this 1967 amendatory act or the application
thereof to any person, firm, or corporation or circumstance
is held invalid, in whole or in part, such invalidity shall not
affect other provisions of the act which can be given effect
without the invalid provisions or application and to this end
the provisions of this 1967 amendatory act are declared to be
severable. [1967 ex.s. c 83 § 55.]
47.26.910 Effective dates—1967 ex.s. c 83. This
1967 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of
the state government and its existing public institutions and
sections 1 through 55 and section 56, renumbered "Sec. 62",
shall take effect on the first day of the month following the
approval of this act by the governor; sections 56 through 61
shall take effect on July 1, 1967 with respect to fees paid on
or after July 1, 1967. Fees paid pursuant to RCW
46.16.070, 46.16.072, 46.16.075 or 46.16.120 prior to July
(2002 Ed.)
47.26.506
47.28.150
47.28.170
47.28.220
47.28.230
47.28.240
47.28.250
Latitude in selecting route.
Width of right of way.
Description and plan of new or limited access highway—
Recording.
Description and plan of new or limited access highway—
Buildings and improvements prohibited, when.
Contracts—State forces—Monetary limits—Small businesses, minority, and women contractors—Rules.
Cost of project, defined.
Precontract preparation of maps, plans, and specifications—
Filing.
Call for bids.
Copy of map, plans, etc.—Charge.
Form of bid—Data required—Requirements—Refusal to
furnish form—Appeal.
Financial information not open to public inspection.
Withdrawal of bids—New bids—Time fixed in call controls.
Opening of bids and award of contract—Deposit.
Failure or rejection of bidder.
Sureties—Qualifications—Additional sureties.
Actions for labor and materials—Limitation of action.
Highway, public transportation improvements, flood damage
prevention—Cooperative agreements.
Underpasses, overpasses constructed with federal funds—
Maintenance cost apportionment.
Emergency protection and restoration of highways.
Compost products.
Alternative delivery of construction services—Finding—
Intent—2002 c 5 §§ 203 and 204.
Alternative delivery of construction services—Definitions.
Alternative delivery of construction services—Financial
incentives—Private contracting—Reports.
Contractor’s bond to pay labor, etc.: Chapter 39.08 RCW.
County road improvement districts: Chapter 36.88 RCW.
Design standards committee for city streets: Chapter 35.78 RCW.
Liens for labor, materials on public works: Chapter 60.28 RCW.
Size, weight, load of vehicles: Chapter 46.44 RCW.
Viaducts, bridges, elevated roadways, etc., authority of cities to construct:
Chapter 35.85 RCW.
47.28.010 Latitude in selecting route. Whenever the
general route of any state highway shall be designated and
laid out as running to or by way of certain designated points,
without specifying the particular route to be followed to or
by way of such points, the transportation commission shall
determine the particular route to be followed by said state
highway to or by way of said designated points, and shall be
at liberty to select and adopt as a part of such state highway,
the whole or any part of any existing public highway
[Title 47 RCW—page 113]
47.28.010
Title 47 RCW: Public Highways and Transportation
previously designated as a county road, primary road, or
secondary road or now or hereafter classified as a county
road. The commission need not select and adopt the entire
routes for such state highways at one time, but may select
and adopt parts of such routes from time to time as it deems
advisable. Where a state highway is designated as passing
by way of a certain point, this shall not require the commission to cause such state highway to pass through or touch
such point but such designation is directional only and may
be complied with by location in the general vicinity. The
department of transportation is empowered to construct as a
part of any state highway as designated and in addition to
any portion meeting the limits of any incorporated city or
town a bypass section either through or around any such
incorporated city or town. [1977 ex.s. c 151 § 59; 1961 c
13 § 47.28.010. Prior: 1937 c 53 § 31; RRS § 6400-31.]
recorded in the office of the county auditor as authorized in
RCW 47.28.025, nothing contained in RCW 47.28.025 or
47.28.026 may be deemed to restrict or restrain in any
manner the improvement, development, or other use by
owners or occupiers of lands, buildings, or improvements
within the limits of any proposed new or limited access
highway or any proposed relocated or widened highway.
Because of the uncertainties of federal aid and the state level
of funding of proposed construction or improvement of state
highways, plans for such improvements approved by the
department shall be deemed tentative until filed with the
county auditor as authorized in RCW 47.28.025 or until the
department commences action to condemn or otherwise
acquire the right of way for the highway improvements.
[1984 c 7 § 166; 1977 ex.s. c 225 § 2; 1961 c 13 §
47.28.026. Prior: 1955 c 161 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.020 Width of right of way. From and after
April 1, 1937, the width of one hundred feet is the necessary
and proper right of way width for state highways unless the
department, for good cause, adopts and designates a different
width. This section shall not be construed to require the
department to acquire increased right of way for any state
highway in existence on such date. [1984 c 7 § 164; 1961
c 13 § 47.28.020. Prior: 1937 c 53 § 30; RRS § 6400-30;
1913 c 65 § 8; RRS § 6831.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.025 Description and plan of new or limited
access highway—Recording. Whenever the department
establishes the location, width, and lines of any new highway, or declares any such new highway as a limited access
facility and schedules the acquisition of the right of way for
the highway or facility within the ensuing two years, it may
cause the description and plan of any such highway to be
made, showing the center line of the highway and the
established width thereof, and attach thereto a certified copy
of the resolution. Such description, plan, and resolution shall
then be recorded in the office of the county auditor of the
proper county. [1999 c 233 § 5; 1984 c 7 § 165; 1977 ex.s.
c 225 § 1; 1961 c 13 § 47.28.025. Prior: 1955 c 161 § 1.]
Effective date—1999 c 233: See note following RCW 4.28.320.
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.026 Description and plan of new or limited
access highway—Buildings and improvements prohibited,
when. (1) No owner or occupier of lands, buildings, or
improvements may erect any buildings or make any improvements within the limits of any such highway, the
location, width, and lines of which have been established and
recorded as provided in RCW 47.28.025. If any such
erection and improvements are made, no allowances may be
had therefor by the assessment of damages. No permits for
improvements within the limits may be issued by any
authority. The establishment of any highway location as set
forth in RCW 47.28.025 is ineffective after one year from
the filing thereof if no action to condemn or acquire the
property within the limits has been commenced within that
time.
(2) Unless and until the department causes a plan of a
proposed new highway or limited access facility to be
[Title 47 RCW—page 114]
47.28.030 Contracts—State forces—Monetary
limits—Small businesses, minority, and women contractors—Rules. A state highway shall be constructed,
altered, repaired, or improved, and improvements located on
property acquired for right of way purposes may be repaired
or renovated pending the use of such right of way for highway purposes, by contract or state forces. The work or
portions thereof may be done by state forces when the
estimated costs thereof is [are] less than fifty thousand
dollars and effective July 1, 2005, sixty thousand dollars:
PROVIDED, That when delay of performance of such work
would jeopardize a state highway or constitute a danger to
the traveling public, the work may be done by state forces
when the estimated cost thereof is less than eighty thousand
dollars and effective July 1, 2005, one hundred thousand
dollars. When the department of transportation determines
to do the work by state forces, it shall enter a statement
upon its records to that effect, stating the reasons therefor.
To enable a larger number of small businesses, and minority,
and women contractors to effectively compete for department
of transportation contracts, the department may adopt rules
providing for bids and award of contracts for the performance of work, or furnishing equipment, materials, supplies,
or operating services whenever any work is to be performed
and the engineer’s estimate indicates the cost of the work
would not exceed eighty thousand dollars and effective July
1, 2005, one hundred thousand dollars. The rules adopted
under this section:
(1) Shall provide for competitive bids to the extent that
competitive sources are available except when delay of
performance would jeopardize life or property or inconvenience the traveling public; and
(2) Need not require the furnishing of a bid deposit nor
a performance bond, but if a performance bond is not
required then progress payments to the contractor may be
required to be made based on submittal of paid invoices to
substantiate proof that disbursements have been made to
laborers, materialmen, mechanics, and subcontractors from
the previous partial payment; and
(3) May establish prequalification standards and procedures as an alternative to those set forth in RCW 47.28.070,
but the prequalification standards and procedures under
RCW 47.28.070 shall always be sufficient.
(2002 Ed.)
Construction and Maintenance of Highways
The department of transportation shall comply with such
goals and rules as may be adopted by the office of minority
and women’s business enterprises to implement chapter
39.19 RCW with respect to contracts entered into under this
chapter. The department may adopt such rules as may be
necessary to comply with the rules adopted by the office of
minority and women’s business enterprises under chapter
39.19 RCW. [1999 c 15 § 1; 1984 c 194 § 1; 1983 c 120 §
15; 1977 ex.s. c 225 § 3; 1973 c 116 § 1; 1971 ex.s. c 78 §
1; 1969 ex.s. c 180 § 2; 1967 ex.s. c 145 § 40; 1961 c 233
§ 1; 1961 c 13 § 47.28.030. Prior: 1953 c 29 § 1; 1949 c
70 § 1, part; 1943 c 132 § 1, part; 1937 c 53 § 41, part;
Rem. Supp. 1949 § 6400-41, part.]
Effective date—Applicability—Severability—Conflict with federal
requirements—1983 c 120: See RCW 39.19.910, 39.19.920.
Office of minority and women’s business enterprises: Chapter 39.19 RCW.
47.28.035 Cost of project, defined. The cost of any
project for the purposes of RCW 47.28.030 shall be the
aggregate of all amounts to be paid for labor, material, and
equipment on one continuous or interrelated project where
work is to be performed simultaneously. The department
shall not permit the construction of any project by state
forces by dividing a project into units of work or classes of
work to give the appearance of compliance with RCW
47.28.030. [1984 c 194 § 2.]
47.28.040 Precontract preparation of maps, plans,
and specifications—Filing. Before entering into any
contract for the construction, alteration, repair, or improvement of any state highway the department shall cause the
highway to be surveyed throughout the entire length of the
proposed construction, alteration, repair, or improvement and
cause to be prepared maps, plans, and specifications,
together with an estimate of the cost of the proposed work,
and such information and directions as will enable a contractor to carry them out. The maps, plans, specifications, and
directions shall be approved by the department and a copy
thereof filed permanently in the department’s office. [1984
c 7 § 167; 1961 c 13 § 47.28.040. Prior: 1937 c 53 § 32,
part; RRS § 6400-32, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.050 Call for bids. Except as may be provided
by rules and regulations adopted under RCW 47.28.030 as
now or hereafter amended the department of transportation
shall publish a call for bids for the construction of the
highway according to the maps, plans, and specifications,
once a week for at least two consecutive weeks, next
preceding the day set for receiving and opening the bids, in
not less than one trade paper of general circulation in the
state. The call shall state the time, place, and date for
receiving and opening the bids, give a brief description of
the location and extent of the work, and contain such special
provisions or specifications as the department deems necessary. When necessary to implement chapter 39.19 RCW and
the rules adopted to implement that chapter, the department
shall include in its call for bids provisions or specifications
requiring bidders to comply with chapter 39.19 RCW and the
rules adopted to implement it: PROVIDED, That when the
estimated cost of any contract to be awarded is less than
(2002 Ed.)
47.28.030
fifty thousand dollars, the call for bids need only be published in at least one paper of general circulation in the
county where the major part of the work is to be performed:
PROVIDED FURTHER, That when the estimated cost of a
contract to be awarded is seven thousand five hundred
dollars or less, including the cost of materials, supplies,
engineering, and equipment, the department of transportation
need not publish a call for bids: PROVIDED FURTHER,
That after a bid call has been advertised for two consecutive
weeks it may be postponed and the bids opened one week
later. [1983 c 120 § 16; 1979 ex.s. c 69 § 1; 1977 c 65 § 1;
1973 c 116 § 2; 1969 ex.s. c 180 § 1; 1961 c 13 §
47.28.050. Prior: 1959 c 319 § 33; 1955 c 147 § 1; 1937
c 53 § 33; RRS § 6400-33.]
Effective date—Applicability—Severability—Conflict with federal
requirements—1983 c 120: See RCW 39.19.910, 39.19.920.
Office of minority and women’s business enterprises: Chapter 39.19 RCW.
47.28.060 Copy of map, plans, etc.—Charge. Any
person, firm, or corporation is entitled to receive copies of
the maps, plans, specifications, and directions for any work
upon which call for bids has been published, upon request
therefor and subsequent payment to the department of a
reasonable sum as required by the department in the call for
bids for each copy of such maps, plans, and specifications.
Any money so received shall be certified by the department
to the state treasurer and deposited to the credit of the motor
vehicle fund. The department may deliver with or without
charge informational copies of maps, plans, specifications,
and directions at such places as it may designate. [1985 c
242 § 1; 1984 c 7 § 168; 1971 c 36 § 1; 1965 ex.s. c 64 §
1; 1961 c 13 § 47.28.060. Prior: 1937 c 53 § 34; RRS §
6400-34.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.070 Form of bid—Data required—
Requirements—Refusal to furnish form—Appeal. Bid
proposals upon any construction or improvement of any state
highway shall be made upon contract proposal form supplied
by the department and in no other manner. The department
shall, before furnishing any person, firm, or corporation
desiring to bid upon any work for which a call for bid
proposals has been published with a contract proposal form,
require from the person, firm, or corporation, answers to
questions contained in a standard form of questionnaire and
financial statement, including a complete statement of the
financial ability and experience of the person, firm, or
corporation in performing state highway, road, or other
public work. The questionnaire and financial statement shall
be sworn to before a notary public or other person authorized to take acknowledgment of deeds, and shall be submitted once a year and at such other times as the department
may require. Whenever the department is not satisfied with
the sufficiency of the answers contained in the questionnaire
and financial statement or whenever the department determines that the person, firm, or corporation does not meet all
of the requirements set forth in this section it may refuse to
furnish the person, firm, or corporation with a contract
proposal form, and any bid proposal of the person, firm, or
corporation must be disregarded. In order to obtain a
[Title 47 RCW—page 115]
47.28.070
Title 47 RCW: Public Highways and Transportation
contract proposal form, a person, firm, or corporation shall
have all of the following requirements:
(1) Adequate financial resources or the ability to secure
such resources;
(2) The necessary experience, organization, and technical qualifications to perform the proposed contract;
(3) The ability to comply with the required performance
schedule taking into consideration all of its existing business
commitments;
(4) A satisfactory record of performance, integrity,
judgment, and skills; and
(5) Be otherwise qualified and eligible to receive an
award under applicable laws and regulations.
The refusal is conclusive unless appeal therefrom to the
superior court of Thurston county is taken within five days,
which appeal shall be heard summarily within ten days after
it is taken and on five days’ notice thereof to the department.
[1984 c 7 § 169; 1967 ex.s. c 145 § 39; 1961 c 13 §
47.28.070. Prior: 1937 c 53 § 35; RRS § 6400-35.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.075 Financial information not open to public
inspection. The department of transportation shall not be
required to make available for public inspection and copying
financial information supplied by any person, firm, or corporation for the purpose of qualifying to submit a bid or
proposal for highway construction or improvement as
required by RCW 47.28.070. [1981 c 215 § 1.]
47.28.080 Withdrawal of bids—New bids—Time
fixed in call controls. Any person, firm, or corporation
proposing a bid for the construction or improvement of any
state highway in response to a call for bids published
therefor may withdraw the bid proposal without forfeiture
and without prejudice to the right of the bidder to file a new
bid proposal before the time fixed for the opening of the bid
proposals. The request for the withdrawal shall be made in
writing, signed by the person proposing the bid or his duly
authorized agent, and filed at the place and before the time
fixed in the call for bids for receipt of the bid proposals. No
bid proposal may be considered that has not been filed with
the department before the time fixed for the receipt of bid
proposals. In any provisions regarding the filing or withdrawing of bid proposals the time fixed for the receipt of bid
proposals in the call for bid proposals as published shall
control without regard for the time when the bid proposals
are actually opened. [1985 c 242 § 2; 1984 c 7 § 170; 1961
c 13 § 47.28.080. Prior: 1937 c 53 § 36; RRS § 6400-36.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.090 Opening of bids and award of contract—
Deposit. At the time and place named in the call for bids
the department of transportation shall publicly open and read
the final figure in each of the bid proposals that have been
properly filed and read only the unit prices of the three
lowest bids, and shall award the contract to the lowest
responsible bidder unless the department has, for good cause,
continued the date of opening bids to a day certain, or rejected that bid. Any bid may be rejected if the bidder has
previously defaulted in the performance of and failed to
complete a written public contract, or has been convicted of
[Title 47 RCW—page 116]
a crime arising from a previous public contract. If the
lowest responsible bidder fails to meet the provisions or
specifications requiring compliance with chapter 39.19 RCW
and the rules adopted to implement that chapter, the department may award the contract to the next lowest responsible
bidder which does meet the provisions or specifications or
may reject all bids and readvertise. All bids shall be under
sealed cover and accompanied by deposit in cash, certified
check, cashier’s check, or surety bond in an amount equal to
five percent of the amount of the bid, and a bid shall not be
considered unless the deposit is enclosed with it. [1985 c
242 § 3; 1983 c 120 § 17; 1971 ex.s. c 21 § 2; 1961 c 13 §
47.28.090. Prior: 1955 c 83 § 1; 1949 c 64 § 1; 1937 c 53
§ 37; Rem. Supp. 1949 § 6400-37.]
Effective date—Applicability—Severability—Conflict with federal
requirements—1983 c 120: See RCW 39.19.910, 39.19.920.
Office of minority and women’s business enterprises: Chapter 39.19 RCW.
47.28.100 Failure or rejection of bidder. If the
successful bidder fails to enter into the contract and furnish
satisfactory bond as provided by law within twenty days
from the award, exclusive of the day of the award, his or her
deposit shall be forfeited to the state and deposited by the
state treasurer to the credit of the motor vehicle fund, and
the department may award the contract to the second lowest
responsible bidder. If the second lowest responsible bidder
fails to enter into the contract and furnish bond within
twenty days after award to him or her, forfeiture of his or
her deposit shall also be made, and the contract may be
awarded to the third lowest responsible bidder, and in like
manner until the contract and bond are executed by a
responsible bidder to whom award is made, or further bid
proposals are rejected, or the number of bid proposals are
exhausted. If the contract is not executed or no contractor’s
bond provided within the time required, and there appear
circumstances that are deemed to warrant an extension of
time, the department may extend the time for execution of
the contract or furnishing bond for not to exceed twenty
additional days. After awarding the contract the deposits of
unsuccessful bidders shall be returned, but the department
may retain the deposit of the next lowest responsible bidder
or bidders as it desires until such time as the contract is
entered into and satisfactory bond is provided by the bidder
to whom the award is ultimately made. A low bidder who
claims error and fails to enter into a contract is prohibited
from bidding on the same project if a second or subsequent
call for bids is made for the project.
If in the opinion of the department the acceptance of the
bid of the lowest responsible bidder or bidders, or on prior
failure of the lowest responsible bidder or bidders the
acceptance of the bid of the remaining lowest responsible
bidder or bidders, will not be for the best interest of the
state, it may reject all bids or all remaining bids and republish a call for bids in the same manner as for an original
publication thereof. [1996 c 18 § 8; 1984 c 7 § 171; 1961
c 13 § 47.28.100. Prior: 1953 c 53 § 1; 1937 c 53 § 38;
RRS § 6400-38.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.110 Sureties—Qualifications—Additional
sureties. At any time and as often as it may be deemed
(2002 Ed.)
Construction and Maintenance of Highways
necessary, the department may require any or all sureties or
any surety company to appear and qualify themselves upon
any contractor’s bond. Whenever the surety or sureties upon
any contractor’s bond become insufficient or are deemed by
the department to have become insufficient, the department
may demand in writing that the contracting person, firm, or
corporation furnish such further contractor’s bond or bonds
or additional surety in an amount not exceeding that originally required as may be deemed necessary considering the
extent of the work remaining to be done upon the contract.
No further payments may be made on the contract until such
additional surety as is required is furnished. [1984 c 7 §
172; 1961 c 13 § 47.28.110. Prior: 1937 c 53 § 39; RRS
§ 6400-39.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.120 Actions for labor and materials—
Limitation of action. Any contracting person, firm, or
corporation performing any labor or furnishing any materials
upon their contract or otherwise for public work or improvement under the direction of the department or any person
claiming any right of action upon any such contract with the
state of Washington or who claims a cause of action against
the state of Washington arising out of any such contract
must bring such suit in the proper court in Thurston county
before the expiration of one hundred and eighty days from
and after the final acceptance and the approval of the final
estimate of such work by the department; otherwise the
action is forever barred. [1984 c 7 § 173; 1961 c 13 §
47.28.120. Prior: 1937 c 53 § 40; RRS § 6400-40.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.140 Highway, public transportation improvements, flood damage prevention—Cooperative
agreements. When in the opinion of the governing authorities representing the department and any agency, instrumentality, municipal corporation, or political subdivision of the
state of Washington, any highway, road, or street will be
benefited or improved by constructing, reconstructing, locating, relocating, laying out, repairing, surveying, altering, improving, or maintaining, or by the establishment adjacent to,
under, upon, within, or above any portion of any such
highway, road, or street of an urban public transportation
system, by either the department or any agency, instrumentality, municipal corporation, or political subdivision of the
state, and it is in the public interest to do so, the authorities
may enter into cooperative agreements wherein either agrees
to perform the work and furnish the materials necessary and
pay the cost thereof, including necessary engineering
assistance, which costs and expenses shall be reimbursed by
the party whose responsibility it was to do or perform the
work or improvement in the first instance. The work may
be done by either day labor or contract, and the cooperative
agreement between the parties shall provide for the method
of reimbursement. In the case of some special benefit or
improvement to a state highway derived from any project
that assists in preventing or minimizing flood damages as
defined in RCW 86.16.120 or from the construction of any
public works project, including any urban public transportation system, the department may contribute to the cost
thereof by making direct payment to the particular state de(2002 Ed.)
47.28.110
partment, agency, instrumentality, municipal corporation, or
political subdivision on the basis of benefits received, but
such payment shall be made only after a cooperative
agreement has been entered into for a specified amount or on
an actual cost basis prior to the commencement of the
particular public works project. [1991 c 322 § 29; 1984 c 7
§ 174; 1967 c 108 § 6; 1961 c 13 § 47.28.140. Prior: 1955
c 384 § 8.]
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
Severability—1984 c 7: See note following RCW 47.01.141.
Urban public transportation system defined: RCW 47.04.082.
47.28.150 Underpasses, overpasses constructed with
federal funds—Maintenance cost apportionment. Notwithstanding any of the provisions of RCW 81.53.090, where
the cost of constructing an overpass or underpass which is
part of the state highway system has been paid for in whole
or in part by the use of federal funds, the state shall at its
expense maintain the entire overpass structure and the
approaches thereto, and the railroad company shall at its
expense maintain the entire underpass structure, including the
approaches thereto. The state shall at its expense maintain
the roadway, and the railroad company shall at its expense
maintain its roadbed and tracks on or under all such structures. [1961 c 13 § 47.28.150. Prior: 1959 c 319 § 34.]
47.28.170 Emergency protection and restoration of
highways. (1) Whenever the department finds that as a
consequence of accident, natural disaster, or other emergency, an existing state highway is in jeopardy or is rendered
impassible in one or both directions and the department
further finds that prompt reconstruction, repair, or other work
is needed to preserve or restore the highway for public
travel, the department may obtain at least three written bids
for the work without publishing a call for bids, and the
secretary of transportation may award a contract forthwith to
the lowest responsible bidder.
The department shall notify any association or organization of contractors filing a request to regularly receive
notification. Notification to an association or organization of
contractors shall include: (a) The location of the work to be
done; (b) the general anticipated nature of the work to be
done; and (c) the date determined by the department as
reasonable in view of the nature of the work and emergent
nature of the problem after which the department will not
receive bids.
(2) Whenever the department finds it necessary to
protect a highway facility from imminent damage or to
perform emergency work to reopen a highway facility, the
department may contract for such work on a negotiated basis
not to exceed force account rates for a period not to exceed
thirty working days.
(3) The secretary shall review any contract exceeding
two hundred thousand dollars awarded under subsection (1)
or (2) of this section with the transportation commission at
its next regularly scheduled meeting.
(4) Any person, firm, or corporation awarded a contract
for work must be prequalified pursuant to RCW 47.28.070
and may be required to furnish a bid deposit or performance
bond. [1990 c 265 § 1; 1984 c 7 § 175; 1971 ex.s. c 89 §
1.]
[Title 47 RCW—page 117]
47.28.170
Title 47 RCW: Public Highways and Transportation
Severability—1984 c 7: See note following RCW 47.01.141.
47.28.220 Compost products. (1) A contract awarded
in whole or in part for the purchase of compost products as
a soil cover or soil amendment to state highway rights of
way shall specify that compost products be purchased in
accordance with the following schedule:
(a) For the period July 1, 1996, through June 30, 1997,
twenty-five percent of the total dollar amount purchased;
(b) For the period July 1, 1998, through June 30, 1999,
fifty percent of the total dollar amount purchased. The
percentages in this subsection apply to the materials’ value
and include services or other materials.
(2) In order to carry out the provisions of this section,
the department of transportation shall develop and adopt bid
specifications for compost products used in state highway
construction projects.
(3)(a) For purposes of this section, "compost products"
means mulch, soil amendments, ground cover, or other
landscaping material derived from the biological or mechanical conversion of biosolids or cellulose-containing waste
materials.
(b) For purposes of this section, "biosolids" means
municipal sewage sludge or septic tank septage sludge that
meets the requirements of chapter 70.95J RCW. [1996 c
198 § 4; 1992 c 174 § 14; 1991 c 297 § 14.]
Captions not law—1991 c 297: See RCW 43.19A.900.
47.28.230 Alternative delivery of construction
services—Finding—Intent—2002 c 5 §§ 203 and 204.
(Effective if Referendum Bill No. 51 is approved at the
November 2002 general election.) The legislature finds that
there is a pressing need for additional transportation projects
to meet the mobility needs of Washington citizens. With
major new investments approved to meet these pressing
needs, additional work force assistance is necessary to ensure
and enhance project delivery timelines. Recruiting and
retaining a high quality work force, and implementing new
and innovative procedures for delivering these transportation
projects is required to accomplish them on a timely basis
that best serves the public. It is the intent of RCW
47.28.250 and the chapter 5, Laws of 2002 amendment of
RCW 41.06.380 that no state employees will lose their
employment as a result of implementing new and innovative
project delivery procedures. [2002 c 5 § 201.]
Contingency—2002 c 5 §§ 201-204: "Sections 201 through 204 of
this act and *RCW 41.06.380(2) are null and void if **new transportation
revenues do not become law by January 1, 2003. Sections 201 through 204
of this act and RCW 41.06.380(2) are effective only for the period
consistent with the new transportation revenues, after which time these
provisions will expire." [2002 c 5 § 205.]
Reviser’s note: *(1) RCW 41.06.380 is repealed by 2002 c 354 §
403, effective July 1, 2005.
**(2) "New transportation revenues" are found in 2002 c 202, subject
to approval at the November 2002 general election as Referendum Bill No.
51.
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
47.28.240 Alternative delivery of construction
services—Definitions. (Effective if Referendum Bill No.
51 is approved at the November 2002 general election.)
The definitions in this section apply throughout RCW
[Title 47 RCW—page 118]
47.28.250 and 41.06.380 unless the context clearly requires
otherwise.
(1) "Construction services" means those services that aid
in the delivery of the highway construction program and
include, but are not limited to, real estate services and
construction engineering services.
(2) "Construction engineering services" includes, but is
not limited to, construction management, construction
administration, materials testing, materials documentation,
contractor payments and general administration, construction
oversight, and inspection and surveying. [2002 c 5 § 202.]
Contingency—2002 c 5 §§ 201-204: See note following RCW
47.28.230.
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
47.28.250 Alternative delivery of construction
services—Financial incentives—Private contracting—
Reports. (Effective if Referendum Bill No. 51 is approved
at the November 2002 general election.) (1) The department of transportation shall work with representatives of
transportation labor groups to develop a financial incentive
program to aid in retention and recruitment of employee
classifications where problems exist and program delivery is
negatively affected. The department’s financial incentive
program must be reviewed and approved by the legislature
before it can be implemented. This program must support
the goal of enhancing project delivery timelines as outlined
in RCW 47.28.230. Upon receiving approval from the
legislature, the department of personnel shall implement, as
required, specific aspects of the financial incentive package,
as developed by the department of transportation.
(2) Notwithstanding chapter 41.06 RCW, the department
of transportation may acquire services from qualified private
firms in order to deliver the transportation construction
program to the public. Services may be acquired solely for
augmenting the department’s work force capacity and only
when the department’s transportation construction program
cannot be delivered through its existing or readily available
work force. The department of transportation shall work
with representatives of transportation labor groups to develop
and implement a program identifying those projects requiring
contracted services while establishing a program as defined
in subsection (1) of this section to provide the classified
personnel necessary to deliver future construction programs.
The procedures for acquiring construction engineering services from private firms may not be used to displace existing
state employees nor diminish the number of existing classified positions in the present construction program. The
acquisition procedures must be in accordance with chapter
39.80 RCW.
(3) Starting in December 2003, and biennially thereafter,
the secretary shall report to the transportation committees of
the legislature on the use of construction engineering
services from private firms authorized under this section.
The information provided to the committees must include an
assessment of the benefits and costs associated with using
construction engineering services, or other services, from
private firms, and a comparison of public versus private
sector costs. The secretary is authorized to act on these
findings to ensure the most cost-effective means of service
delivery. [2002 c 5 § 203.]
(2002 Ed.)
Construction and Maintenance of Highways
Contingency—2002 c 5 §§ 201-204: See note following RCW
47.28.230.
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
Chapter 47.30
TRAILS AND PATHS
Sections
47.30.005
47.30.010
47.30.020
47.30.030
47.30.040
47.30.050
47.30.060
47.30.070
Recreation
Definitions.
Recreational trail interference.
Facilities for nonmotorized traffic—Joint usage of rights of
way.
Facilities for nonmotorized traffic—Expenditure of available
funds.
Establishing paths and trails—Factors to be considered.
Expenditures for paths and trails—Minimum amount.
Expenditures deemed to be for highway purposes—Powers
and duties of department—Restrictions on use of paths
and trails.
Bicycle, equestrian, pedestrian paths as public highways.
trails system: Chapter 79A.35 RCW.
47.30.005 Definitions. For the purposes of this
chapter, "trail" or "path" means a public way constructed
primarily for and open to pedestrians, equestrians, or
bicyclists, or any combination thereof, other than a sidewalk
constructed as a part of a city street or county road for the
exclusive use of pedestrians. The term "trail" or "path" also
includes a widened shoulder of a highway, street, or road
when the extra shoulder width is constructed to accommodate bicyclists consistent with a comprehensive plan or
master plan for bicycle trails or paths adopted by a state or
local governmental authority either prior to such construction
or prior to January 1, 1980. [1979 ex.s. c 121 § 4.]
47.30.010 Recreational trail interference. (1) No
limited access highway shall be constructed that will result
in the severance or destruction of an existing recreational
trail of substantial usage for pedestrians, equestrians or
bicyclists unless an alternative recreational trail, satisfactory
to the authority having jurisdiction over the trail being
severed or destroyed, either exists or is reestablished at the
time the limited access highway is constructed. If a proposed limited access highway will sever a planned recreational trail which is part of a comprehensive plan for trails
adopted by a state or local governmental authority, and no
alternative route for the planned trail exists which is satisfactory to the authority which adopted the comprehensive plan
for trails, the state or local agency proposing to construct the
limited access highway shall design the facility and acquire
sufficient right of way to accommodate future construction
of the portion of the trail which will properly lie within the
highway right of way. Thereafter when such trail is developed and constructed by the authority having jurisdiction
over the trail, the state or local agency which constructed the
limited access highway shall develop and construct the
portion of such trail lying within the right of way of the
limited access highway.
(2) Where a highway other than a limited access
highway crosses a recreational trail of substantial usage for
pedestrians, equestrians, or bicyclists, signing sufficient to
insure safety shall be provided.
(2002 Ed.)
47.28.250
(3) Where the construction or reconstruction of a
highway other than a limited access highway would destroy
the usefulness of an existing recreational trail of substantial
usage for pedestrians, equestrians, or bicyclists or of a
planned recreational trail for pedestrians, equestrians, or
bicyclists incorporated into the comprehensive plans for trails
of the state or any of its political subdivisions, replacement
land, space, or facilities shall be provided and where such
recreational trails exist at the time of taking, reconstruction
of said recreational trails shall be undertaken. [1971 ex.s. c
130 § 1.]
47.30.020 Facilities for nonmotorized traffic—Joint
usage of rights of way. Facilities for pedestrians, equestrians, or bicyclists shall be incorporated into the design of
highways and freeways along corridors where such facilities
do not exist upon a finding that such facilities would be of
joint use and conform to the comprehensive plans of public
agencies for the development of such facilities, will not
duplicate existing or proposed routes, and that safety to both
motorists and to pedestrians, equestrians, and bicyclists
would be enhanced by the segregation of traffic.
In planning and design of all highways, every effort
shall be made consistent with safety to promote joint usage
of rights of way for trails and paths in accordance with the
comprehensive plans of public agencies. [1971 ex.s. c 130
§ 2.]
47.30.030 Facilities for nonmotorized traffic—
Expenditure of available funds. Where an existing
highway severs, or where the right of way of an existing
highway accommodates a trail for pedestrians, equestrians,
or bicyclists or where the separation of motor vehicle traffic
from pedestrians, equestrians, or bicyclists will materially
increase the motor vehicle safety, the provision of facilities
for pedestrians, equestrians, or bicyclists which are a part of
a comprehensive trail plan adopted by federal, state, or local
governmental authority having jurisdiction over the trail is
hereby authorized. The department of transportation, or the
county or city having jurisdiction over the highway, road, or
street, or facility is further authorized to expend reasonable
amounts out of the funds made available to them, according
to the provisions of RCW 46.68.090, as necessary for the
planning, accommodation, establishment, and maintenance of
such facilities. [1999 c 269 § 10; 1979 ex.s. c 121 § 1;
1974 ex.s. c 141 § 12; 1972 ex.s. c 103 § 2.]
Effective date—1999 c 269: See note following RCW 36.78.070.
Severability—1972 ex.s. c 103: "If any provision of this 1972
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1972 ex.s. c 103 § 8.]
47.30.040 Establishing paths and trails—Factors to
be considered. Before establishing paths and trails, the
following factors shall be considered:
(1) Public safety;
(2) The cost of such paths and trails as compared to the
need or probable use;
(3) Inclusion of the trail in a plan for a comprehensive
trail system adopted by a city or county in a state or federal
trails plan. [1972 ex.s. c 103 § 3.]
[Title 47 RCW—page 119]
47.30.040
Title 47 RCW: Public Highways and Transportation
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
jurisdictions to pedestrians, equestrians, and nonmotorized
vehicles. [1979 ex.s. c 121 § 3; 1972 ex.s. c 103 § 5.]
47.30.050 Expenditures for paths and trails—
Minimum amount. (1) The amount expended by a city,
town, or county as authorized by RCW 47.30.030 shall never
in any one fiscal year be less than 0.42 percent of the total
amount of funds received from the motor vehicle fund
according to RCW 46.68.090. However, this section does
not apply to a city or town in any year in which the 0.42
percent equals five hundred dollars or less, or to a county in
any year in which the 0.42 percent equals three thousand
dollars or less. Also, a city, town, or county in lieu of
expending the funds each year may credit the funds to a
financial reserve or special fund, to be held for not more
than ten years, and to be expended for the purposes required
or permitted by RCW 47.30.030.
(2) In each fiscal year the department of transportation
shall expend, as a minimum, for the purposes mentioned in
RCW 47.30.030 a sum equal to three-tenths of one percent
of all funds, both state and federal, expended for the construction of state highways in such year, or in order to more
efficiently program trail improvements the department may
defer any part of such minimum trail or path expenditures
for a fiscal year for a period not to exceed four years after
the end of such fiscal year. Any fiscal year in which the department expends for trail or path purposes more than the
minimum sum required by this subsection, the amount of
such excess expenditure shall constitute a credit which may
be carried forward and applied to the minimum trail and path
expenditure requirements for any of the ensuing four fiscal
years.
(3) The department of transportation, a city, or a county
in computing the amount expended for trails or paths under
their respective jurisdictions may include the cost of improvements consistent with a comprehensive plan or master
plan for bicycle trails or paths adopted by a state or local
governmental authority either prior to such construction or
prior to January 1, 1980. [1999 c 269 § 11; 1979 ex.s. c
121 § 2; 1972 ex.s. c 103 § 4.]
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
Effective date—1999 c 269: See note following RCW 36.78.070.
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
Perpetual advanced six-year plans for coordinated transportation program,
expenditures—Nonmotorized transportation—Railroad right-of-way:
RCW 36.81.121.
47.30.060 Expenditures deemed to be for highway
purposes—Powers and duties of department—
Restrictions on use of paths and trails. For the purposes
of this chapter, the establishment of paths and trails and the
expenditure of funds as authorized by RCW 47.30.030, as
now or hereafter amended, shall be deemed to be for
highway, road, and street purposes. The department of
transportation shall, when requested, and subject to reimbursement of costs, provide technical assistance and advice
to cities, towns, and counties in carrying out the purposes of
RCW 47.30.030, as now or hereafter amended. The department shall recommend construction standards for paths and
trails. The department shall provide a uniform system of
signing paths and trails which shall apply to paths and trails
under the jurisdiction of the department and of cities, towns,
and counties. The department and cities, towns, and counties
may restrict the use of paths and trails under their respective
[Title 47 RCW—page 120]
47.30.070 Bicycle, equestrian, pedestrian paths as
public highways. For purposes of 43 U.S.C. 912 and
related provisions of federal law involving federally granted
railroad rights of way, a bicycle, equestrian or pedestrian
path shall be deemed to be a public highway under the laws
of the state of Washington. [1993 c 224 § 14.]
Chapter 47.32
OBSTRUCTIONS ON RIGHT OF WAY
Sections
47.32.010
47.32.020
47.32.030
47.32.040
47.32.050
47.32.060
47.32.070
47.32.080
47.32.090
47.32.100
47.32.110
47.32.120
47.32.130
Order to remove obstructions—Removal by state.
Notice of order, contents, posting—Return.
Proceedings in rem authorized—Records certified.
Complaint, contents.
Notice, action, service, contents—Proceedings void when.
Hearing—Findings—Order—Appellate review.
Writ, execution of—Return—Disposition of unsold property.
Property reclaimed—Bond.
Sureties on bond—Hearing on claim.
Procedure when claimant wins or loses.
Merchandising structures—Permit—Removal.
Business places along highway.
Dangerous objects and structures as nuisances—Logs—
Abatement—Removal.
47.32.140 Railroad crossings, obstructions—Hearing.
47.32.150 Approach roads, other appurtenances—Permit.
47.32.160 Approach roads, other appurtenances—Rules—Construction,
maintenance of approach roads.
47.32.170 Approach roads, other appurtenances—Removal of installations from right of way for default.
Fences: Chapter 16.60 RCW.
Mobile home or park model trailer movement permits and decals: RCW
46.44.170 through 46.44.175.
Removal of disabled vehicle: RCW 46.55.113.
47.32.010 Order to remove obstructions—Removal
by state. Whenever the department determines and orders
that it is necessary for the convenience and safety of public
travel and the use of (or construction, alteration, repair,
improvement, or maintenance of) any state highway to have
the full width of right of way of any such state highway or
of any portion of the right of way of any such state highway
free from any and all obstructions, encroachments, and
occupancy, other than pole lines, pipe lines, or other structures maintained thereon for public or quasi-public utilities
by virtue of a valid franchise, and causes due notice of the
order to be given as provided by law, the obstructions,
encroachments, and means of occupancy, and any structure,
building, improvement, or other means of occupancy of any
of the right of way of the state highway not removed within
the time allowed by law shall become an unlawful property
and may be confiscated, removed, and sold or destroyed by
the state of Washington according to procedure as provided
in this chapter, without any right in anyone to make any
claim therefor, either by reason of the removal thereof or
otherwise. It is unlawful for any person to keep, maintain,
or occupy any such unlawful structure. [1984 c 7 § 176;
1961 c 13 § 47.32.010. Prior: 1937 c 53 § 68; RRS §
6400-68.]
(2002 Ed.)
Obstructions on Right of Way
Severability—1984 c 7: See note following RCW 47.01.141.
47.32.020 Notice of order, contents, posting—
Return. Whenever the department determines that the right
of way of any state highway or any portion of the right of
way of any state highway shall be made free from any and
all obstructions, encroachments, and occupancy it shall
forthwith cause to be posted, by a competent person eighteen
years of age or over upon any and all structures, buildings,
improvements, and other means of occupancy of the state
highway or portion thereof, other than property of public or
quasi-public utilities, by virtue of a valid franchise, a notice
bearing a copy of the order and dated as of the date of posting, to all whom it may concern to vacate the right of way
and to remove all property from the right of way within ten
days after the posting of the notice, exclusive of the date of
posting. The department shall also require the filing of
duplicate affidavits in proof of the postings, showing upon
what structures, buildings, improvements, or other means of
occupancy of the state highway or portions thereof, respectively, copies of the notice were posted and the date of each
such posting, sworn to by the person making the posting.
[1984 c 7 § 177; 1971 ex.s. c 292 § 46; 1961 c 13 §
47.32.020. Prior: 1937 c 53 § 69; RRS § 6400-69.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
47.32.030 Proceedings in rem authorized—Records
certified. In case the property or any portion thereof
described in the notice is not removed from the right of way
within ten days after the date of the posting, exclusive of the
date of posting, all such property upon the right of way of
the state highway or portion thereof becomes unlawful, and
the department shall commence proceedings in the name of
the state of Washington for the removal thereof by court
action. The department shall thereupon prepare two original
copies of the order together with two copies each of the
notice posted and of the affidavits in proof of posting thereof
and duplicate copies of a certificate by the department describing with reasonable certainty and with due reference to
the center line stationing of the state highway and to proper
legal subdivisional points, each structure, building, improvement, encroachment, or other means of occupancy, other
than pole lines, pipe lines, or other structures maintained for
public and quasi-public utilities, on the state highway or
portion thereof specified in the order that remain upon the
right of way as aforesaid. Thereupon action shall be
commenced in rem for the purpose of removal of all such
unlawful property, in the superior court of the county in
which the state highway or portion thereof containing the
structures is situated, entitled and in the name of the state of
Washington as plaintiff and describing each unlawful
structure, building, improvement, encroachment, or other
means of occupancy, which structures, buildings, improvements, encroachments, or other means of occupancy shall be
briefly named as defendants. [1984 c 7 § 178; 1961 c 13 §
47.32.030. Prior: 1937 c 53 § 70; RRS § 6400-70; prior:
1925 ex.s. c 131 § 3; RRS § 6837-3.]
Severability—1984 c 7: See note following RCW 47.01.141.
(2002 Ed.)
47.32.010
47.32.040 Complaint, contents. The complaint shall,
in such action, describe the property unlawfully remaining
upon the right of way of the state highway or portion thereof
with reasonable certainty by reference to the certificate of
the department, which shall be attached to and filed with the
complaint, and pray that an order be entered for the removal
from the right of way of the state highway or portion thereof
of all the described property unlawfully thereon and the
disposal thereof. [1984 c 7 § 179; 1961 c 13 § 47.32.040.
Prior: 1937 c 53 § 71; RRS § 6400-71; prior: 1925 ex.s. c
131 § 4; RRS § 6837-4.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.32.050 Notice, action, service, contents—
Proceedings void when. Service of such complaint shall be
given by publication of notice thereof once a week for two
successive weeks in a newspaper of general circulation in the
county in which such action is commenced, which notice
shall briefly state the objects of the action and contain a
brief description of each structure, building, improvement,
encroachment or other means of occupancy sought to be
removed from the right of way of the state highway,
describe such state highway or portion thereof by number
and location and state the time and place when and where
the action will come before the court or judge thereof; and
a copy of such notice shall also be posted at least ten days
before the date of hearing of such action upon each such
structure, building, improvement, encroachment or other
means of occupancy described therein. Posting may be
made by any person qualified to serve legal process. Want
of posting upon, or failure to describe any such structure,
building, improvement, encroachment or other means of
occupancy shall render subsequent proceedings void as to
those not posted upon or described but all others described
and posted upon shall be bound by the subsequent proceedings. [1961 c 13 § 47.32.050. Prior: 1937 c 53 § 72; RRS
6400-72; prior: 1925 ex.s. c 131 § 5; RRS § 6837-5.]
47.32.060 Hearing—Findings—Order—Appellate
review. At the time and place appointed for hearing upon
the complaint, which hearing shall be by summary proceedings, if the court or judge thereof finds that due notice has
been given by posting and publication and that the order of
the department was duly made, and is further satisfied and
finds that the state highway or portion thereof described is
legally a state highway having the width of right of way
specified in the order and that the structure, buildings,
improvements, or other means of occupancy of the state
highway or portion thereof as stated in the certificate of the
department do in fact encroach, or that any portion thereof
encroach, upon the state highway right of way, the court or
judge thereof shall thereupon make and enter an order
establishing that each of the structures, buildings, improvements, and other means of occupancy specified in the order
is unlawfully maintained within the right of way and is
subject to confiscation and sale and that they be forthwith
confiscated, removed from the right of way, and sold, and
providing that six days after the entry of the order, a writ
shall issue from the court directed to the sheriff of the
county, commanding the sheriff to seize and remove from
the right of way of the state highway each such structure,
[Title 47 RCW—page 121]
47.32.060
Title 47 RCW: Public Highways and Transportation
building, improvement, or other means of occupancy
specified in the order forthwith on receipt of a writ based on
the order and to take and hold the property in his custody for
a period of ten days, unless redelivered earlier as provided
for by law, and if not then so redelivered to sell the property
at public or private sale and to pay the proceeds thereof into
the registry of the court within sixty days after the issuance
of the writ, and further in such action, including costs of
posting original notices of the department, the costs of
posting and publishing notices of hearing as part thereof and
any cost of removal, be paid by the clerk to the state
treasurer and credited to the motor vehicle fund. The order
shall be filed with the clerk of the court and recorded in the
minutes of the court, and is final unless appellate review
thereof is sought within five days after filing of the order.
[1988 c 202 § 45; 1984 c 7 § 180; 1961 c 13 § 47.32.060.
Prior: 1937 c 53 § 73; RRS § 6400-73; prior: 1925 ex.s. c
131 § 7; RRS § 6837-7.]
Severability—1988 c 202: See note following RCW 2.24.050.
Severability—1984 c 7: See note following RCW 47.01.141.
47.32.070 Writ, execution of—Return—Disposition
of unsold property. Six days after filing of the order above
provided for, if no review thereof be taken to the supreme
court or the court of appeals of the state, the clerk of the
court shall issue under seal of such court a writ directed to
the sheriff of the county in which such court is held commanding him to remove, take into custody and dispose of the
property described in such order and make returns thereof as
provided for such writ by said order. On receipt of such
writ it shall be the duty of such sheriff to obey the command
thereof, proceed as therein directed and make return within
the time fixed by such writ; and said sheriff shall be liable
upon his official bond for the faithful discharge of such
duties. Upon filing of such return the clerk of court shall
make payments as provided for in the order of court. If by
the sheriff’s return any of the property seized and removed
pursuant to such writ is returned as unsold and as of no sale
value, and if the court or judge thereof be satisfied that such
is the fact, the court or judge thereof may make further order
directing the destruction of such property, otherwise directing
the sheriff to give new notice and again offer the same for
sale, when, if not sold, the same may on order of court be
destroyed. [1971 c 81 § 115; 1961 c 13 § 47.32.070. Prior:
1937 c 53 § 74; RRS § 6400-74; prior: 1925 ex.s. c 131 §
8; RRS § 6837-8.]
47.32.080 Property reclaimed—Bond. At any time
within ten days after the removal by virtue of such writ of
any such property from the right of way of such state
highway any person, firm, association or corporation
claiming ownership or right of possession of any such
property may have the right to demand and to receive the
same from the sheriff upon making an affidavit that such
claimant owns such property or is entitled to possession
thereof, stating on oath the value thereof satisfactory to said
sheriff, or which value shall be raised to a value satisfactory
to said sheriff, which value shall be indorsed on said
affidavit and signed both by said claimant and said sheriff
before such sheriff shall be required to accept the bond
hereinafter provided for, and deliver to the sheriff a bond
[Title 47 RCW—page 122]
with sureties in double the value of such property, conditioned that such claimant will appear in the superior court of
such county within ten days after the bond is accepted by the
sheriff and make good such claim of title thereto and pay all
accrued costs of service of notice to remove, all costs and
disbursements to be assessed to such property and the costs
of removal and custody thereof and will hold said sheriff and
the state of Washington free from any and all claims on
account of such property or will return such property or pay
its value to said sheriff, and that such claimant will at all
times thereafter keep such property off the right of way of
the state highway in question. [1961 c 13 § 47.32.080.
Prior: 1937 c 53 § 75; RRS § 6400-75; prior: 1925 ex.s. c
131 § 9; RRS § 6837-9.]
47.32.090 Sureties on bond—Hearing on claim. The
sureties on such bond shall justify as in other cases if the
sheriff requires it and in case they do not so justify when
required, the sheriff shall retain and sell or dispose of the
property; and if the sheriff does not require the sureties to
justify, he shall stand good for their sufficiency. He shall
date and indorse his acceptance upon the bond, and shall
return the affidavit, bond and justification, if any, to the
office of the clerk of such superior court, whereupon such
clerk shall set the hearing thereof as a separate case for trial,
in which such claimant shall be the plaintiff and the sheriff
and the state of Washington defendants: PROVIDED, That
no costs shall, in such case, be assessed against the sheriff
or the state of Washington in the event the plaintiff should
prevail. [1961 c 13 § 47.32.090. Prior: 1937 c 53 § 76;
RRS § 6400-76; prior: 1925 ex.s. c 131 § 10; RRS § 683710.]
47.32.100 Procedure when claimant wins or loses.
If the claimant makes good the claimant’s title to or right to
possession of the property, upon payment into the registry of
the court of the costs of service or posting of original notice
issued by the department with respect to the property, the
cost of posting notice of hearing in the court and such
proportion of the cost of publication of the notice as the
court may fix and direct to be entered and the clerk’s fees of
filing the affidavit and bond as a separate action and of entry
of judgment therein at the amounts provided for in civil
actions, judgment shall be entered restoring the property to
the claimant without any confirmation of title as to any other
claimant thereto, relieving the sheriff from necessity of
selling the property and making return thereon, and continuing the effect of the bond for a period of six years thereafter
for the benefit of such adverse claimants to the property, if
any, as may thereafter make claim to the property. If the
claimant does not make good such claim of title to or right
to possession of the property, judgment shall be rendered
against the claimant and the sureties of the claimant for the
value of the property as finally shown by the affidavit as
above provided for, together with such fees for filing the
affidavit and bond as a separate action and for entry of
judgment therein and other costs and disbursements as taxed
in any civil action including the statutory attorney fee as part
thereof, for all of which execution may accordingly issue,
and relieving the sheriff from the necessity of selling the
property or making return thereon. [1984 c 7 § 181; 1961
(2002 Ed.)
Obstructions on Right of Way
c 13 § 47.32.100. Prior: 1937 c 53 § 77; RRS § 6400-77;
prior: 1925 ex.s. c 131 § 11; RRS § 6837-11.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.32.110 Merchandising structures—Permit—
Removal. It is unlawful for any person to build, erect,
establish, operate, maintain, or conduct along and upon the
right of way of any state highway any platform, box, stand,
or any other temporary or permanent device or structure used
or to be used for the purpose of receiving, vending, or
delivering any milk, milk cans, vegetables, fruits, merchandise, produce, or any other thing or commodity of any nature
unless a permit therefor has first been obtained from the
department. The department shall in each instance determine
where any platform, box, stand, or any other temporary or
permanent device or structure shall be permitted. Upon the
existence of any such device or structure without a permit
having been first obtained, it shall be considered an obstruction unlawfully upon the right of way of the state highway,
and the department may proceed to effect its removal. [1984
c 7 § 182; 1961 c 13 § 47.32.110. Prior: 1937 c 53 § 78;
RRS § 6400-78; 1927 c 309 § 48; RRS § 6362-48; 1923 c
181 § 10; RRS § 6358-1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.32.120 Business places along highway. It is
unlawful for any person to erect a structure or establishment
or maintain a business, the nature of which requires the use
by patrons or customers of property adjoining the structure
or establishment unless the structure or establishment is
located at a distance from the right of way of any state
highway so that none of the right of way thereof is required
for the use of the patrons or customers of the establishment.
Any such structure erected or business maintained that
makes use of or tends to invite patrons to use the right of
way or any portion thereof of any state highway by occupying it while a patron is a public nuisance, and the department
may fence the right of way of the state highway to prevent
such unauthorized use thereof. [1984 c 7 § 183; 1961 c 13
§ 47.32.120. Prior: 1937 c 53 § 79; RRS § 6400-79.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.32.130 Dangerous objects and structures as
nuisances—Logs—Abatement—Removal. (1) Whenever
there exists upon the right of way of any state highway or
off the right of way thereof in sufficiently close proximity
thereto, any structure, device, or natural or artificial thing
that threatens or endangers the state highway or portion
thereof, or that tends to endanger persons traveling thereon,
or obstructs or tends to obstruct or constitutes a hazard to
vehicles or persons traveling thereon, the structure, device,
or natural or artificial thing is declared to be a public
nuisance, and the department is empowered to take such
action as may be necessary to effect its abatement. Any
such structure, device, or natural or artificial thing considered by the department to be immediately or eminently
dangerous to travel upon a state highway may be forthwith
removed, and the removal in no event constitutes a breach
of the peace or trespass.
(2) Logs dumped on any state highway roadway or in
any state highway drainage ditch due to equipment failure or
(2002 Ed.)
47.32.100
for any other reason shall be removed immediately. Logs
remaining within the state highway right of way for a period
of thirty days shall be confiscated and removed or disposed
of as directed by the department. [1984 c 7 § 184; 1961 c
13 § 47.32.130. Prior: 1947 c 206 § 3; 1937 c 53 § 80;
Rem. Supp. 1947 § 6400-80.]
Severability—1984 c 7: See note following RCW 47.01.141.
Obstructing highway, public nuisance: RCW 9.66.010.
Placing dangerous substances or devices on highway: RCW 9.66.050,
46.61.645, 70.93.060.
47.32.140 Railroad crossings, obstructions—
Hearing. Each railroad company shall keep its right of way
clear of all brush and timber in the vicinity of a railroad
grade crossing with a state highway for a distance of one
hundred feet from the crossing in such manner as to permit
a person upon the highway to obtain an unobstructed view
in both directions of an approaching train. The department
shall cause brush and timber to be cleared from the right of
way of a state highway in the proximity of a railroad grade
crossing for a distance of one hundred feet from the crossing
in such manner as to permit a person upon the highway to
obtain an unobstructed view in both directions of an approaching train. It is unlawful to erect or maintain a sign,
signboard, or billboard, except official highway signs and
traffic devices and railroad warning or operating signs,
outside the corporate limits of any city or town within a
distance of one hundred feet from the point of intersection
of the highway and railroad grade crossing unless, after
thirty days notice to the Washington utilities and transportation commission and the railroad operating the crossing, the
department determines that it does not obscure the sight
distance of a person operating a vehicle or train approaching
the grade crossing.
When a person who has erected or who maintains such
a sign, signboard, or billboard or when a railroad company
permits such brush or timber in the vicinity of a railroad
grade crossing with a state highway or permits the surface of
a grade crossing to become inconvenient or dangerous for
passage and who has the duty to maintain it, fails, neglects,
or refuses to remove or cause to be removed such brush,
timber, sign, signboard, or billboard, or maintain the surface
of the crossing, the utilities and transportation commission
upon complaint of the department or upon complaint of any
party interested, or upon its own motion, shall enter upon a
hearing in the manner now provided for hearings with
respect to railroad-highway grade crossings, and make and
enforce proper orders for the removal of the brush, timber,
sign, signboard or billboard, or maintenance of the crossing.
However, nothing in this section prevents the posting or
maintaining of any legal notice or sign, signal, or traffic
device required or permitted to be posted or maintained, or
the placing and maintaining thereon of highway or road
signs or traffic devices giving directions or distances for the
information of the public when the signs are approved by the
department. The department shall inspect highway grade
crossings and make complaint of the violation of any
provisions of this section. [1983 c 19 § 2; 1961 c 13 §
47.32.140. Prior: 1955 c 310 § 7; 1937 c 53 § 81; RRS §
6400-81; prior: 1923 c 129 §§ 1-6; RRS §§ 10510-1—
10510-6.]
[Title 47 RCW—page 123]
47.32.140
Title 47 RCW: Public Highways and Transportation
Railroad grade crossings, obstructions: RCW 36.86.100.
47.32.150 Approach roads, other appurtenances—
Permit. No person, firm, or corporation may be permitted
to build or construct on state highway rights of way any
approach road or any other facility, thing, or appurtenance
not heretofore permitted by law, without first obtaining
written permission from the department. [1984 c 7 § 185;
1961 c 13 § 47.32.150. Prior: 1947 c 201 § 1; Rem. Supp.
1947 § 6402-50.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.32.160 Approach roads, other appurtenances—
Rules—Construction, maintenance of approach roads.
The department is hereby authorized and empowered at its
discretion to adopt reasonable rules governing the issuance
of permits under RCW 47.32.150 for the construction of any
approach road, facility, thing, or appurtenance, upon state
highway rights of way. The rules shall be designed to
achieve and preserve reasonable standards of highway safety
and the operational integrity of the state highway facility.
Any permit issued may contain such terms and conditions as
may be prescribed. All such construction shall be under the
supervision of the department and at the expense of the
applicant. After completion of the construction of the
particular approach road, facility, thing, or appurtenance, it
shall be maintained at the expense of the applicant and in
accordance with the directions of the department. [1987 c
227 § 1; 1984 c 7 § 186; 1961 c 13 § 47.32.160. Prior:
1947 c 201 § 2; Rem. Supp. 1947 § 6402-51.]
47.36.070
47.36.080
47.36.090
47.36.095
47.36.097
47.36.100
47.36.110
47.36.120
47.36.130
47.36.180
47.36.200
47.36.210
47.36.220
47.36.230
47.36.250
Failure to erect signs, procedure.
Signs at railroad crossings.
Cooperation with United States on road markers.
Highway designation system—Signs.
Highway designation system—Filing.
Directional, caution, and stop signs.
Stop signs, "Yield" signs—Duties of persons using highway.
City limit signs.
Meddling with signs prohibited.
Forbidden devices—Penalty.
Signs or flagmen at thoroughfare work sites.
Signs or flaggers—Contractor compliance.
Signs or flaggers—Obedience by work vehicles.
Signs or flaggers—Penalty.
Dangerous road conditions requiring special tires, chains, or
traction equipment—Signs or devices—Penalty.
47.36.260 Signs indicating proper lane usage.
47.36.270 Regional shopping center directional signs.
47.36.280 Pavement marking standards.
47.36.290 State park directional signs.
47.36.300 Supplemental directional signs—Erection by local governments.
47.36.310 Motorist information signs—Interstate highways—Contents,
placement, fees.
47.36.320 Motorist information signs, tourist-oriented directional
signs—Primary and scenic roads—Contents, placement,
fees.
47.36.325 Motorist information signs—Private contractors.
47.36.330 Motorist information signs—Maximum number and distance.
47.36.340 Motorist information signs—Lodging.
47.36.350 Motorist information signs—Installation time.
47.36.400 Adopt-a-highway signs.
County roads, signs, signals, guideposts—Standards: RCW 36.86.040.
Range areas, signs: RCW 16.24.060.
Rules of the road: Chapter 46.61 RCW.
Severability—1984 c 7: See note following RCW 47.01.141.
47.32.170 Approach roads, other appurtenances—
Removal of installations from right of way for default.
Upon failure of the applicant to construct or maintain the
particular approach road, facility, thing, or appurtenance in
accordance with the conditions of the permit and in accordance with the rules of the department, the department may,
after the expiration of thirty days following transmittal of a
written notice to the applicant, remove all installations upon
the right of way at the expense of the applicant, which
expense may be recovered from the applicant by the department for the state in any court of competent jurisdiction.
[1984 c 7 § 187; 1961 c 13 § 47.32.170. Prior: 1947 c 201
§ 3; Rem. Supp. 1947 § 6402-52.]
Severability—1984 c 7: See note following RCW 47.01.141.
Chapter 47.36
TRAFFIC CONTROL DEVICES
Sections
47.36.005
47.36.010
47.36.020
47.36.030
47.36.040
47.36.050
47.36.053
47.36.060
Definitions.
Restoration of United States survey markers.
Traffic control signals.
Traffic control devices—Specifications to be furnished to
counties and cities.
Furnished by department, paid for by counties and cities.
Duty to erect traffic devices on state highways and railroad
crossings.
General duty to place and maintain traffic devices on state
highways and railroad crossings.
Traffic devices on county roads and city streets.
[Title 47 RCW—page 124]
47.36.005 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Erect" means to construct, build, raise, assemble,
place, affix, attach, create, paint, draw, or in any other way
bring into being or establish.
(2) "Interstate system" means a state highway that is or
becomes part of the national system of interstate and defense
highways as described in section 103(d) of Title 23, United
States Code.
(3) "Maintain" means to allow to exist.
(4) "Primary system" means a state highway that is or
becomes part of the federal-aid primary system as described
in section 103(b) of Title 23, United States Code.
(5) "Scenic system" means (a) a state highway within a
public park, federal forest area, public beach, public recreation area, or national monument, (b) a state highway or
portion of a highway outside the boundaries of an incorporated city or town designated by the legislature as a part
of the scenic system, or (c) a state highway or portion of a
highway outside the boundaries of an incorporated city or
town designated by the legislature as a part of the scenic and
recreational highway system except for the sections of
highways specifically excluded in RCW 47.42.025.
(6) "Motorist information sign panel" means a panel,
rectangular in shape, located in the same manner as other
official traffic signs readable from the main traveled ways,
and consisting of:
(a) The words "GAS," "FOOD," "LODGING," "CAMPING," "RECREATION," or "TOURIST ACTIVITIES" and
directional information; and
(2002 Ed.)
Traffic Control Devices
(b) One or more individual business signs mounted on
the panel.
(7) "Business sign" means a separately attached sign
mounted on the motorist information sign panel or roadside
area information panel to show the brand or trademark and
name, or both, of the motorist service available on the
crossroad at or near the interchange. Nationally, regionally,
or locally known commercial symbols or trademarks for
service stations, restaurants, and motels shall be used when
applicable. The brand or trademark identification symbol
used on the business sign shall be reproduced with the colors
and general shape consistent with customary use. Messages,
trademarks, or brand symbols that interfere with, imitate, or
resemble an official warning or regulatory traffic sign,
signal, or device are prohibited.
(8) "Roadside area information panel or display" means
a panel or display located so as not to be readable from the
main traveled way, erected in a safety rest area, scenic
overlook, or similar roadside area, for providing motorists
with information in the specific interest of the traveling
public.
(9) "Tourist-oriented directional sign" means a sign on
a motorist information sign panel on the state highway
system to provide directional information to a qualified
tourist-oriented business, service, or activity.
(10) "Qualified tourist-oriented business" means a lawful
cultural, historical, recreational, educational, or entertaining
activity or a unique or unusual commercial or nonprofit
activity, the major portion of whose income or visitors are
derived during its normal business season from motorists not
residing in the immediate area of the activity.
(11) "Adopt-a-highway sign" means a sign on a state
highway right of way referring to the departments’ adopt-ahighway litter control program. [1999 c 201 § 1; 1991 c 94
§ 3.]
47.36.010 Restoration of United States survey
markers. The department shall fix permanent monuments
at the original positions of all United States government
monuments at township corners, section corners, quarter
section corners, meander corners, and witness markers, as
originally established by the United States government
survey whenever any such original monuments or markers
fall within the right of way of any state highway, and aid in
the reestablishment of any such corners, monuments, or
markers destroyed or obliterated by the construction of any
state highway by permitting inspection of the records in the
department’s office. [1984 c 7 § 188; 1961 c 13 §
47.36.010. Prior: 1937 c 53 § 42; RRS § 6400-42; 1931 c
117 § 1; RRS § 6830-1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.020 Traffic control signals. The secretary of
transportation shall adopt specifications for a uniform system
of traffic control signals consistent with the provisions of
this title for use upon public highways within this state.
Such uniform system shall correlate with and so far as
possible conform to the system current as approved by the
American Association of State Highway Officials and as set
out in the manual of uniform traffic control devices for
streets and highways. [1977 ex.s. c 151 § 60; 1961 c 13 §
(2002 Ed.)
47.36.005
47.36.020. Prior: 1937 c 53 § 50; RRS § 6400-50; prior:
1927 c 309 § 6; RRS § 6362-6.]
47.36.030 Traffic control devices—Specifications to
be furnished to counties and cities. The secretary of
transportation shall have the power and it shall be its duty to
adopt and designate a uniform state standard for the manufacture, display, erection, and location of all signs, signals,
signboards, guideposts, and other traffic devices erected or
to be erected upon the state highways of the state of Washington for the purpose of furnishing information to persons
traveling upon such state highways regarding traffic regulations, directions, distances, points of danger, and conditions
requiring caution, and for the purpose of imposing restrictions upon persons operating vehicles thereon. Such signs
shall conform as nearly as practicable to the manual of
specifications for the manufacture, display, and erection of
uniform traffic control devices for streets and highways and
all amendments, corrections, and additions thereto. The
department of transportation shall prepare plans and specifications of the uniform state standard of traffic devices so
adopted and designated, showing the materials, colors, and
designs thereof, and shall upon the issuance of any such
plans and specifications or revisions thereof and upon
request, furnish to the boards of county commissioners and
the governing body of any incorporated city or town, a copy
thereof. Signs, signals, signboards, guideposts, and other
traffic devices erected on county roads shall conform in all
respects to the specifications of color, design, and location
approved by the secretary. Traffic devices hereafter erected
within incorporated cities and towns shall conform to such
uniform state standard of traffic devices so far as is practicable. [1977 ex.s. c 151 § 61; 1961 c 13 § 47.36.030. Prior:
1945 c 178 § 1, part; 1937 c 53 § 48, part; Rem. Supp. 1945
§ 6400-48, part; prior: 1931 c 118 § 1, part; RRS § 6308-1,
part; 1923 c 102 § 1, part; 1917 c 78 § 1, part; RRS § 6303,
part.]
47.36.040 Furnished by department, paid for by
counties and cities. The department, upon written request,
shall cause to be manufactured, painted, and printed, and
shall furnish to any county legislative authority or the governing body of any incorporated city or town, directional
signboards, guide boards, and posts of the uniform state
standard of color, shape, and design for the erection and
maintenance thereof by the county legislative authority or the
governing body of any incorporated city or town upon the
roads and streets within their respective jurisdictions. The
directional signboards, guide boards, and posts shall be
manufactured and furnished, as aforesaid, pursuant to written
request showing the number of signs desired and the
directional or guide information to be printed thereon. The
department shall fix a charge for each signboard, guide
board, and post manufactured and furnished as aforesaid,
based upon the ultimate cost of the operations to the department, and the county legislative authority, from the county
road fund, and the governing body of any incorporated city
or town, from the street fund, shall pay the charges so fixed
for all signboards, guide boards, and posts so received from
the department. [1984 c 7 § 189; 1961 c 13 § 47.36.040.
Prior: 1945 c 178 § 1, part; 1937 c 53 § 48, part; Rem.
[Title 47 RCW—page 125]
47.36.040
Title 47 RCW: Public Highways and Transportation
Supp. 1945 § 6400-48, part; prior: 1931 c 118 § 1, part;
RRS § 6308-1, part; 1923 c 102 § 1, part; 1917 c 78 § 1,
part; RRS § 6303, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.050 Duty to erect traffic devices on state
highways and railroad crossings. The department shall
erect and maintain upon every state highway in the state of
Washington suitable and proper signs, signals, signboards,
guideposts, and other traffic devices according to the adopted
and designated state standard of design, erection, and
location, and in the manner required by law. The department shall erect and maintain upon all state highways
appropriate stop signs, warning signs, and school signs. Any
person, firm, corporation, or municipal corporation, building,
owning, controlling, or operating a railroad that crosses any
state highway at grade shall construct, erect, and maintain at
or near each point of crossing, or at such point or points as
will meet the approval of the department, a sign of the type
known as the saw buck crossing sign with the lettering
"railroad crossing" inscribed thereon and also a suitable
inscription indicating the number of tracks. The sign must
be of standard design that will comply with the plans and
specifications furnished by the department. Additional safety
devices and signs may be installed at any time when required by the utilities and transportation commission as
provided by laws regulating railroad-highway grade crossings. [1984 c 7 § 190; 1961 c 13 § 47.36.050. Prior: 1937
c 53 § 49; RRS § 6400-49; prior: 1931 c 118 § 1, part;
RRS § 6308-1, part; 1923 c 102 § 1, part; RRS § 6303, part;
1919 c 146 § 1; 1917 c 78 § 2; RRS § 6304. FORMER
PART OF SECTION: 1937 c 53 § 51 now in RCW
47.36.053.]
and operation of traffic devices and traffic control signals
upon such city or town streets constituting either the route of
a primary or secondary state highway to the city or town or
connecting streets to the primary or secondary state highways through the city or town shall be under the direction of
the department, and if the city or town fails to comply with
any such directions, the department shall provide for the
design, location, erection, or operation thereof, and any cost
incurred therefor shall be charged to and paid from any
funds in the motor vehicle fund of the state that have
accrued or may accrue to the credit of the city or town, and
the state treasurer shall issue warrants therefor upon vouchers submitted and approved by the department. [1984 c 7 §
192; 1961 c 13 § 47.36.060. Prior: 1955 c 179 § 4; 1939
c 81 § 1; 1937 c 53 § 52; RRS § 6400-52.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.070 Failure to erect signs, procedure. Whenever any person, firm, corporation, municipal corporation, or
local authorities responsible for the erection and maintenance, or either, of signs at any railroad crossing or point of
danger upon any state highway fails, neglects, or refuses to
erect and maintain, or either, the sign or signs as required by
law at highway-railroad grade crossings, the utilities and
transportation commission shall upon complaint of the
department or upon complaint of any party interested, or
upon its own motion, enter upon a hearing in the manner
provided by law for hearings with respect to railroadhighway grade crossings and make and enforce proper orders
for the erection or maintenance of the signs, or both. [1984
c 7 § 193; 1961 c 13 § 47.36.070. Prior: 1937 c 53 § 54;
RRS § 6400-54.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.053 General duty to place and maintain
traffic devices on state highways and railroad crossings.
The department shall place and maintain such traffic devices
conforming to the manual and specifications adopted upon
all state highways as it deems necessary to carry out the
provisions of this title or to regulate, warn, or guide traffic.
[1984 c 7 § 191; 1961 c 13 § 47.36.053. Prior: 1937 c 53
§ 51; RRS § 6400-51. Formerly RCW 47.36.050, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.080 Signs at railroad crossings. Wherever it
is considered necessary or convenient the department may
erect approach and warning signs upon the approach of any
state highway to a highway-railroad grade crossing situated
at a sufficient distance therefrom to make the warning
effective. The department may further provide such additional or other highway-railroad grade crossing markings as
may be considered to serve the interests of highway safety.
[1984 c 7 § 194; 1961 c 13 § 47.36.080. Prior: 1937 c 53
§ 57; RRS § 6400-57.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.060 Traffic devices on county roads and city
streets. Local authorities in their respective jurisdictions
shall place and maintain such traffic devices upon public
highways under their jurisdiction as are necessary to carry
out the provisions of the law or local traffic ordinances or to
regulate, warn, or guide traffic. Cities and towns, which as
used in this section mean cities and towns having a population of over fifteen thousand according to the latest federal
census, shall adequately equip with traffic devices, streets
that are designated as forming a part of the route of a
primary or secondary state highway and streets which
constitute connecting roads and secondary state highways to
such cities and towns. The traffic devices, signs, signals,
and markers shall comply with the uniform state standard for
the manufacture, display, direction, and location thereof as
designated by the department. The design, location, erection,
[Title 47 RCW—page 126]
47.36.090 Cooperation with United States on road
markers. Standard federal road markers shall be placed on
state highways in the manner requested by the department of
transportation of the United States. The department of transportation of the state of Washington is authorized and
empowered to cooperate with the several states and with the
federal government in promoting, formulating, and adopting
a standard and uniform system of numbering or designating
state highways of an interstate character and in promoting,
formulating, and adopting uniform and standard specifications for the manufacture, display, erection, and location of
road markers and signs, for the information, direction, and
control of persons traveling upon public highways. [1984 c
7 § 195; 1961 c 13 § 47.36.090. Prior: 1937 c 53 § 55;
RRS § 6400-55; prior: 1925 c 24 § 1; RRS § 6303-1.]
(2002 Ed.)
Traffic Control Devices
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.095 Highway designation system—Signs. The
department is hereby authorized to establish a continuing
system for the designating of state highways and branches or
portions thereof, heretofore established by the legislature of
the state of Washington, to give designations to such state
highways and branches, or portions thereof, in accord with
that system, and to install signs in accord therewith on such
state highways and branches, or portions thereof. The
system may be changed from time to time and shall be
extended to new state highways and branches, or portions
thereof, as they are hereafter established by the legislature.
[1984 c 7 § 196; 1967 ex.s. c 145 § 43; 1963 c 24 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
Classification of highways: RCW 47.04.020.
47.36.097 Highway designation system—Filing.
Designations or redesignations assigned under the system by
the department pursuant to RCW 47.36.095 as each is made,
shall be filed with the secretary of state and with the auditor
of each county. Thereafter such highways shall be so
designated for all purposes. [1984 c 7 § 197; 1967 ex.s. c
145 § 46.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.100 Directional, caution, and stop signs.
Directional signs showing distance and direction to points of
importance may be placed at all crossings and intersections
of primary and secondary state highways. The department
may place such directional signs as it deems necessary upon
any city streets designated by it as forming a part of the
route of any primary or secondary state highway through any
incorporated city or town. Caution and warning signs or signals shall be placed wherever practicable on all primary and
secondary state highways in a manner provided by law.
Stop signs shall be placed, erected, and maintained by the
department as follows: Upon all county roads at the point
of intersection with any arterial primary or secondary state
highway; upon all primary and secondary state highways at
the point of intersection with any county road that has been
designated by the department as an arterial having preference
over the traffic on the state highway; and upon at least one
state highway at the intersection of two state highways.
[1984 c 7 § 198; 1967 ex.s. c 145 § 38; 1961 c 13 §
47.36.100. Prior: 1947 c 206 § 1; 1937 c 53 § 56; Rem.
Supp. 1947 § 6400-56.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.110 Stop signs, "Yield" signs—Duties of
persons using highway. In order to provide safety at
intersections on the state highway system, the department
may require persons traveling upon any portion of such
highway to stop before entering the intersection. For this
purpose there may be erected a standard stop sign as
prescribed in the state department of transportation’s "Manual on Uniform Traffic Control Devices for Streets and
Highways." All persons traveling upon the highway shall
come to a complete stop at such a sign, and the appearance
of any sign so located is sufficient warning to a person that
he is required to stop. A person stopping at such a sign
(2002 Ed.)
47.36.090
shall proceed through that portion of the highway in a
careful manner and at a reasonable rate of speed not to
exceed twenty miles per hour. It is unlawful to fail to
comply with the directions of any such stop sign. When the
findings of a traffic engineering study show that the condition of an intersection is such that vehicles may safely enter
the major artery without stopping, the department or local
authorities in their respective jurisdictions shall install and
maintain a "Yield" sign. [1984 c 7 § 199; 1963 ex.s. c 3 §
49; 1961 c 13 § 47.36.110. Prior: 1955 c 146 § 6; 1937 c
53 § 59; RRS § 6400-59.]
Severability—1984 c 7: See note following RCW 47.01.141.
Arterial highways designated—Stopping on entering: RCW 46.61.195.
47.36.120 City limit signs. The department shall
erect wherever it deems necessary upon state highways at or
near their point of entrance into cities and towns, signs of
the standard design designating the city or town limits of the
cities or towns. [1984 c 7 § 200; 1961 c 13 § 47.36.120.
Prior: 1937 c 53 § 58; RRS § 6400-58.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.130 Meddling with signs prohibited. No
person shall without lawful authority attempt to or in fact
alter, deface, injure, knock down, or remove any official
traffic control signal, traffic device or railroad sign or signal,
or any inscription, shield, or insignia thereon, or any other
part thereof. [1961 c 13 § 47.36.130. Prior: 1937 c 53 §
53; RRS § 6400-53.]
Defacing, injuring, or destroying signs: RCW 46.61.080.
Imitation of signs: RCW 46.61.075.
Structures concealing signs prohibited: RCW 46.61.075.
Unlawful erection of traffic devices: RCW 46.61.075.
47.36.180 Forbidden devices—Penalty. It is unlawful to erect or maintain at or near a city street, county road,
or state highway any structure, sign, or device:
(1) Visible from a city street, county road, or state highway and simulating any directional, warning, or danger sign
or light likely to be mistaken for such a sign or bearing any
such words as "danger," "stop," "slow," "turn," or similar
words, figures, or directions likely to be construed as giving
warning to traffic;
(2) Visible from a city street, county road, or state highway and displaying any red, green, blue, or yellow light or
intermittent or blinking light or rotating light identical or
similar in size, shape, and color to that used on any emergency vehicle or road equipment or any light otherwise
likely to be mistaken for a warning, danger, directional, or
traffic control signal or sign;
(3) Visible from a city street, county road, or state highway and displaying any lights tending to blind persons
operating vehicles upon the highway, city street, or county
road, or any glaring light, or any light likely to be mistaken
for a vehicle upon the highway or otherwise to be so
mistaken as to constitute a danger; or
(4) Visible from a city street, county road, or state highway and flooding or intending to flood or directed across the
roadway of the highway with a directed beam or diffused
light, whether or not the flood light is shielded against
[Title 47 RCW—page 127]
47.36.180
Title 47 RCW: Public Highways and Transportation
directing its flood beam toward approaching traffic on the
highway, city street, or county road.
Any structure or device erected or maintained contrary
to the provisions of this section is a public nuisance, and the
department, the chief of the Washington state patrol, the
county sheriff, or the chief of police of any city or town
shall notify the owner thereof that it constitutes a public
nuisance and must be removed, and if the owner fails to do
so, the department, the chief of the Washington state patrol,
the county sheriff, or the chief of police of any city or town
may abate the nuisance.
If the owner fails to remove any such structure or
device within fifteen days after being notified to remove the
structure or device, he is guilty of a misdemeanor. [1984 c
7 § 201; 1961 c 13 § 47.36.180. Prior: 1957 c 204 § 1;
1937 c 53 § 62; RRS § 6400-62.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.200 Signs or flagmen at thoroughfare work
sites. When construction, repair, or maintenance work is
conducted on or adjacent to a public highway, county road,
street, bridge, or other thoroughfare commonly traveled and
when the work interferes with the normal and established
mode of travel on the highway, county road, street, bridge,
or thoroughfare, the location shall be properly posted by
prominently displayed signs or flagmen or both. Signs used
for posting in such an area shall be consistent with the provisions found in the state of Washington "Manual on Uniform
Traffic Control Devices for Streets and Highways" obtainable from the department of transportation. [1984 c 7 § 202;
1961 c 13 § 47.36.200. Prior: 1957 c 95 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.210 Signs or flaggers—Contractor compliance. Any contractor, firm, corporation, political subdivision, or other agency performing such work shall comply
with RCW 47.36.200 through 47.36.230. [1961 c 13 §
47.36.210. Prior: 1957 c 95 § 2.]
47.36.220 Signs or flaggers—Obedience by work
vehicles. Each driver of a motor vehicle used in connection
with such construction, repair, or maintenance work shall
obey traffic signs posted for, and flaggers stationed at such
location in the same manner and under the same restrictions
as is required for the driver of any other vehicle. [2000 c
239 § 8; 1961 c 13 § 47.36.220. Prior: 1957 c 95 § 3.]
Captions not law—2000 c 239: See note following RCW 49.17.350.
47.36.230 Signs or flaggers—Penalty. A violation of
or a failure to comply with any provision of RCW 47.36.200
through 47.36.220 shall be a misdemeanor. Each day upon
which there is a violation, or there is a failure to comply,
shall constitute a separate violation. [1961 c 13 § 47.36.230.
Prior: 1957 c 95 § 4.]
47.36.250 Dangerous road conditions requiring
special tires, chains, or traction equipment—Signs or
devices—Penalty. If the department or its delegate determines at any time for any part of the public highway system
that the unsafe conditions of the roadway require particular
[Title 47 RCW—page 128]
tires, tire chains, or traction equipment in addition to or
beyond the ordinary pneumatic rubber tires, the department
may establish the following recommendations or requirements with respect to the use of such equipment for all
persons using such public highway:
(1) Dangerous road conditions, chains or other approved traction devices recommended.
(2) Dangerous road conditions, chains or other approved traction devices required.
(3) Dangerous road conditions, chains required.
Any equipment that may be required by this section
shall be approved by the state patrol as authorized under
RCW 46.37.420.
The department shall place and maintain signs and other
traffic control devices on the public highways that indicate
the tire, tire chain, or traction equipment recommendation or
requirement determined under this section. Such signs or
traffic control devices shall in no event prohibit the use of
studded tires from November 1st to April 1st, but when the
department determines that chains are required and that no
other traction equipment will suffice, the requirement is
applicable to all types of tires including studded tires. The
signs or traffic control devices may specify different recommendations or requirements for four wheel drive vehicles in
gear.
Failure to obey a requirement indicated by a sign or
other traffic control device placed or maintained under this
section is a misdemeanor. [1987 c 330 § 747; 1984 c 7 §
203; 1975 1st ex.s. c 255 § 1; 1969 ex.s. c 7 § 2.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1984 c 7: See note following RCW 47.01.141.
Restrictions as to tire equipment, metal studs: RCW 46.37.420.
47.36.260 Signs indicating proper lane usage. The
department shall erect signs on multilane highways indicating proper lane usage. [1986 c 93 § 6.]
Keep right except when passing, etc: RCW 46.61.100.
47.36.270 Regional shopping center directional
signs. Regional shopping center directional signs shall be
erected and maintained on state highway right of way if they
meet each of the following criteria:
(1) There shall be at least five hundred thousand square
feet of retail floor space available for lease at the regional
shopping center;
(2) The regional shopping center shall contain at least
three major department stores that are owned by a national
or regional retail chain organization;
(3) The shopping center shall be located within one mile
of the roadway;
(4) The center shall generate at least nine thousand daily
one-way vehicle trips to the center;
(5) There is sufficient space available for installation of
the directional sign as specified in the Manual On Uniform
Traffic Control Devices;
(6) Supplemental follow-through directional signing is
required at key decision points to direct motorists to the
shopping center if it is not clearly visible from the point of
exit from the main traveled way.
(2002 Ed.)
Traffic Control Devices
The department shall collect from the regional shopping
center a reasonable fee based upon the cost of erection and
maintenance of the directional sign. [1987 c 469 § 1.]
47.36.270
47.36.280 Pavement marking standards. The
department of transportation shall, by January 1, 1992, adopt
minimum pavement marking standards for the area designating the limits of the vehicle driving lane along the right
edge for arterials that do not have curbs or sidewalks and are
inside urbanized areas. In preparing the standards, the
department of transportation shall take into consideration all
types of pavement markings, including flat, raised, and
recessed markings, and their effect on pedestrians, bicycle,
and motor vehicle safety.
The standards shall provide that a jurisdiction shall
conform to these requirements, at such time thereafter that
it undertakes to (1) renew or install permanent markings on
the existing or new roadway, and (2) remove existing
nonconforming raised pavement markers at the time the
jurisdiction prepares to resurface the roadway, or earlier, at
its option. These standards shall be in effect, as provided in
this section, unless the legislative authority of the local
governmental body finds that special circumstances exist
affecting vehicle and pedestrian safety that warrant a
variance to the standard.
For the purposes of this section, "urbanized area" means
an area designated as such by the United States bureau of
census and having a population of more than fifty thousand.
Other jurisdictions that install pavement marking material on
the right edge of the roadway shall do so in a manner not in
conflict with the minimum state standard. [1991 c 214 § 4.]
47.36.290 State park directional signs. Directional
signs for state parks within fifteen miles of an interstate
highway shall be erected and maintained on the interstate
highway by the department despite the existence of additional directional signs on primary or scenic system highways in
closer proximity to such state parks. [1985 c 376 § 7.
Formerly RCW 47.42.160.]
system to give the traveling public specific information as to
gas, food, lodging, camping, or tourist-oriented business
available on a crossroad at or near an interchange. Motorist
information sign panels shall include the words "GAS,"
"FOOD," "LODGING," "CAMPING," or "TOURIST
ACTIVITIES" and directional information and may contain
one or more individual business signs maintained on the
panel. Motorist information sign panels are authorized
within the corporate limits of cities and towns and areas
zoned for commercial or industrial uses at locations where
there is adequate distance between interchanges to ensure
compliance with the Manual on Uniform Traffic Control Devices. The erection and maintenance of motorist information
sign panels shall also conform to the Manual on Uniform
Traffic Control Devices and rules adopted by the state
department of transportation. A motorist service or touristoriented business located within one mile of an interstate
highway shall not be permitted to display its name, brand, or
trademark on a motorist information sign panel unless its
owner has first entered into an agreement with the department limiting the height of its on-premise signs at the site of
its service installation to not more than fifteen feet higher
than the roof of its main building measured to the bottom of
the on-premise sign. The restriction for on-premise signs
does not apply if the sign is not visible from the highway.
The department may, on a case-by-case basis, waive the
height restriction when an on-premise sign is visible from
the rural interstate system. The department shall charge
reasonable fees for the display of individual business signs
to defray the costs of their installation and maintenance, and
may charge reasonable fees to recover costs for the erection
and maintenance of the motorist information sign panels.
[1999 c 201 § 3; 1987 c 469 § 3; 1986 c 114 § 1; 1985 c
142 § 1; 1984 c 7 § 223; 1974 ex.s. c 80 § 2. Formerly
RCW 47.42.046.]
Severability—1984 c 7: See note following RCW 47.01.141.
Legislative intent—1985 c 376: See note following RCW 47.42.020.
47.36.300 Supplemental directional signs—Erection
by local governments. (1) The legislative authority of any
county, city, or town may erect, or permit the erection of,
supplemental directional signs directing motorists to motorist
service businesses qualified for motorist information sign
panels pursuant to RCW 47.36.310 or 47.36.320 in any
location on, or adjacent to, the right of way of any roads or
streets within their jurisdiction.
(2) Appropriate fees may be charged to cover the cost
of issuing permits, installation, or maintenance of such signs.
(3) Supplemental signs and their locations shall comply
with all applicable provisions of this chapter, the Manual on
Uniform Traffic Control Devices, and such rules as may be
adopted by the department. [1999 c 201 § 2; 1986 c 114 §
3. Formerly RCW 47.42.052.]
47.36.310 Motorist information signs—Interstate
highways—Contents, placement, fees. The department is
authorized to erect and maintain motorist information sign
panels within the right of way of the interstate highway
(2002 Ed.)
47.36.320 Motorist information signs, touristoriented directional signs—Primary and scenic roads—
Contents, placement, fees. The department is authorized to
erect and maintain motorist information sign panels within
the right of way of noninterstate highways to give the
traveling public specific information as to gas, food, lodging,
recreation, or tourist-oriented businesses accessible by way
of highways intersecting the noninterstate highway. The
motorist information sign panels are permitted only at
locations within the corporate limits of cities and towns and
areas zoned for commercial or industrial uses where there is
adequate distance between interchanges to ensure compliance
with the Manual on Uniform Traffic Control Devices.
Motorist information sign panels shall include the words
"GAS," "FOOD," "LODGING," "RECREATION," or
"TOURIST ACTIVITIES" and directional information and
may contain one or more individual business signs maintained on the panel. The erection and maintenance of
motorist information sign panels along noninterstate highways shall also conform to the Manual on Uniform Traffic
Control Devices and rules adopted by the state department
of transportation. A motorist service or tourist-oriented business located within one mile of a noninterstate highway shall
not be permitted to display its name, brand, or trademark on
[Title 47 RCW—page 129]
47.36.320
Title 47 RCW: Public Highways and Transportation
a motorist information sign panel unless its owner has first
entered into an agreement with the department limiting the
height of its on-premise signs at the site of its service
installation to not more than fifteen feet higher than the roof
of its main building measured to the bottom of the onpremise sign.
The department shall adopt rules for the erection and
maintenance of tourist-oriented directional signs with the
following restrictions:
(1) Where installed, they shall be placed in advance of
the "GAS," "FOOD," "LODGING," or "RECREATION"
motorist information sign panels previously described in this
section;
(2) Signs shall not be placed to direct a motorist to an
activity visible from the main traveled roadway;
(3) Premises on which the qualified tourist-oriented
business is located must be within fifteen miles of the state
highway except as provided in RCW 47.36.330(3) (b) and
(c), and necessary supplemental signing on local roads must
be provided before the installation of the signs on the state
highway.
The department shall charge reasonable fees for the
display of individual business signs to defray the costs of
their installation and maintenance, and may charge reasonable fees for the erection and maintenance of the motorist
information sign panels. [1999 c 213 § 1; 1999 c 201 § 4;
1986 c 114 § 2; 1985 c 376 § 4; 1985 c 142 § 2; 1984 c 7
§ 224; 1974 ex.s. c 80 § 4. Formerly RCW 47.42.047.]
Reviser’s note: This section was amended by 1999 c 201 § 4 and by
1999 c 213 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Legislative intent—1985 c 376: See note following RCW 47.42.020.
Severability—1984 c 7: See note following RCW 47.01.141.
47.36.325 Motorist information signs—Private
contractors. (1) When exercising its authority to erect and
maintain motorist information sign panels under RCW
47.36.310 and 47.36.320, the department shall contract with
a private contractor for a term of ten years. The contractor
selected by the department must be incorporated, and must
maintain an office, in this state.
(2) The contractor, at no cost to the department, is
solely responsible for marketing, administration, financial
management, sign fabrication, installation, and maintenance
and is subject to the provisions of this chapter otherwise
applicable to the department. The contractor may set the
market rate to be charged to businesses advertising on the
motorist informational [information] signs.
(3) A contract entered into between the department and
a contractor must require the contractor to administer,
fabricate, install, and maintain community historical signs
authorized for placement by the department at no cost to the
department.
(4) In [The] department may set the contractual terms it
deems necessary to guarantee the performance of the
contract. The department shall periodically monitor the
performance of the contract.
(5) In letting a contract under this section the department shall comply with purchasing guidelines adopted by the
general services administration. [2002 c 321 § 1.]
[Title 47 RCW—page 130]
47.36.330 Motorist information signs—Maximum
number and distance. (1) Not more than six business signs
may be permitted on motorist information sign panels
authorized by RCW 47.36.310 and 47.36.320.
(2) The maximum distance that eligible service facilities
may be located on either side of an interchange or intersection to qualify for a business sign are as follows:
(a) On interstate highways, gas, food, or lodging
activities shall be located within three miles. Camping or
tourist-oriented activities shall be within five miles.
(b) On noninterstate highways, gas, food, lodging,
recreation, or tourist-oriented activities shall be located
within five miles.
(3)(a) If no eligible services are located within the
distance limits prescribed in subsection (2) of this section,
the distance limits shall be increased until an eligible service
of a type being considered is reached, up to a maximum of
fifteen miles.
(b) The department may erect and maintain signs on an
alternate route that is longer than fifteen miles if it is safer
and still provides reasonable and convenient travel to an
eligible service.
(c) The department may erect and maintain signs on a
route up to a maximum of twenty miles if it qualifies as an
eligible service and is within a distressed area under the
criteria of chapter 43.165 RCW. [1999 c 213 § 2; 1999 c
201 § 5; 1985 c 142 § 3. Formerly RCW 47.42.0475.]
Reviser’s note: This section was amended by 1999 c 201 § 5 and by
1999 c 213 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
47.36.340 Motorist information signs—Lodging. To
be eligible for placement of a business sign on a motorist
information sign panel a lodging activity shall:
(1) Be licensed or approved by the department of social
and health services or county health authority;
(2) Provide adequate sleeping and bathroom accommodations available for rental on a daily basis; and
(3) Provide public telephone facilities. [1999 c 201 § 6;
1985 c 376 § 8. Formerly RCW 47.42.170.]
Legislative intent—1985 c 376: See note following RCW 47.42.020.
47.36.350 Motorist information signs—Installation
time. The department shall ensure that motorist information
sign panels are installed within nine months of receiving the
request for installation. [1999 c 201 § 7; 1991 c 94 § 5.]
47.36.400 Adopt-a-highway signs. The department
may install adopt-a-highway signs, with the following
restrictions:
(1) Signs shall be designed by the department and may
only include the words "adopt-a-highway litter control
facility" or "adopt-a-highway litter control next XX miles"
and the name of the litter control area sponsor. The
sponsor’s name shall not be displayed more predominantly
than the remainder of the sign message. Trademarks or
business logos may be displayed;
(2) Signs may be placed along interstate, primary, and
scenic system highways;
(2002 Ed.)
Traffic Control Devices
47.36.400
(3) Signs may be erected at other state-owned transportation facilities in accordance with RCW 47.40.100(1);
(4) For each litter control area designated by the
department, one sign may be placed visible to traffic
approaching from each direction;
(5) Signs shall be located so as not to detract from
official traffic control signs installed pursuant to the manual
on uniform traffic control devices adopted by the department;
(6) Signs shall be located so as not to restrict sight
distance on approaches to intersections or interchanges;
(7) The department may charge reasonable fees to
defray the cost of manufacture, installation, and maintenance
of adopt-a-highway signs. [1998 c 180 § 1; 1991 c 94 § 4.]
or regulation equivalent to those provisions of Title 46 RCW
set forth in RCW 46.63.020 remains a misdemeanor. [1993
c 116 § 2; 1979 ex.s. c 136 § 102; 1967 ex.s. c 145 § 31.]
Chapter 47.38
ROADSIDE AREAS—SAFETY REST AREAS
Severability—1984 c 7: See note following RCW 47.01.141.
Sections
47.38.010
47.38.020
47.38.030
47.38.040
47.38.050
47.38.060
Acquisition
sites:
Rules governing use and control of rest areas, historic sites,
viewpoints, etc.
Limitations on use of rest areas.
Penalty.
Information centers.
Recreational vehicle sanitary disposal systems.
Dedication of rest areas.
of property for safety rest areas, buffers, viewpoints, historic
RCW 47.12.250.
47.38.010 Rules governing use and control of rest
areas, historic sites, viewpoints, etc. Pursuant to chapter
34.05 RCW, the department and the Washington state patrol
shall jointly adopt rules governing the conduct and the safety
of the traveling public relating to the use and control of rest
areas and other areas as designated in RCW 47.12.250.
Nothing herein may be construed as limiting the powers of
the department as provided by law. [1993 c 116 § 1; 1984
c 7 § 204; 1967 ex.s. c 145 § 29.]
Severability—1984 c 7: See note following RCW 47.01.141.
Roadside areas—Safety rest areas, provisions of scenic and recreational
highway act concerning: Chapter 47.39 RCW.
47.38.020 Limitations on use of rest areas. Except
where specifically authorized by the department, it is
unlawful for any person or persons to stop, stand, or park
any vehicle, including but not limited to trailers, campers,
and motorcycles, for more than eight hours, or for any
person or persons to camp or to maintain a camp, tent, or
other sleeping accommodation or facility, in any rest area or
safety rest area within the limits of the right of way of interstate highways or other state highways or in other areas of
state or interstate highways as designated in RCW 47.12.250.
This section does not apply to disabled vehicles. [1984 c 7
§ 205; 1967 ex.s. c 145 § 30.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.38.030 Penalty. Any person violating RCW
47.38.010 or any rule or regulation adopted pursuant to
RCW 47.38.010 shall be guilty of a misdemeanor: PROVIDED, That violation of a rule or regulation relating to
traffic including parking, standing, stopping, and pedestrian
offenses is a traffic infraction, except that violation of a rule
(2002 Ed.)
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
47.38.040 Information centers. In order to provide
information in the specific interest of the traveling public,
the department may establish information centers at safety
rest areas and permit maps, informational directories, and
advertising pamphlets to be made available there for the
purpose of informing the public of places of interest within
the state and providing such other information as the
department deems desirable. [1984 c 7 § 206; 1967 ex.s. c
145 § 32.]
47.38.050 Recreational vehicle sanitary disposal
systems. The department of transportation shall construct
and maintain recreational vehicle sanitary disposal systems
in the following safety rest areas lying along highways
which are a part of the interstate highway system:
(1) Gee Creek safety rest area, northbound and southbound on Interstate 5 in Clark county;
(2) Sea-Tac safety rest area, northbound on Interstate 5
in King county;
(3) Silver Lake safety rest area, southbound on Interstate
5 in Snohomish county;
(4) Winchester Wasteway safety rest area, eastbound
and westbound on Interstate 90 in Grant county;
(5) Sprague safety rest area, eastbound on Interstate 90
in Lincoln county;
(6) Selah Creek safety rest area, northbound and
southbound on Interstate 82 in Yakima county;
(7) Indian John Hill safety rest area, eastbound and
westbound on Interstate 90 in Kittitas county;
(8) Smokey Point safety rest area, northbound and
southbound on Interstate 5 in Snohomish county;
(9) Schrag safety rest area, westbound on Interstate 90
in Adams county. [1996 c 237 § 3; 1980 c 60 § 1.]
Effective date—1980 c 60: "This act shall take effect July 1, 1980."
[1980 c 60 § 4.]
47.38.060 Dedication of rest areas. The transportation commission may designate interstate safety rest areas,
as appropriate, as locations for memorial signs to prisoners
of war and those missing in action. The commission shall
adopt policies for the placement of memorial signs on
interstate safety rest areas and may disapprove any memorial
sign that it determines to be inappropriate or inconsistent
with the policies. The policies shall include, but are not
limited to, guidelines for the size and location of and
inscriptions on memorial signs. The secretary shall adopt
rules for administering this program. Nonprofit associations
may have their name identified on a memorial sign if the
association bears the cost of supplying and maintaining the
memorial sign. [1996 c 172 § 1.]
[Title 47 RCW—page 131]
Chapter 47.39
Title 47 RCW: Public Highways and Transportation
Chapter 47.39
SCENIC AND RECREATIONAL HIGHWAY ACT
OF 1967
Sections
47.39.010
47.39.020
47.39.030
47.39.040
47.39.050
47.39.060
47.39.069
47.39.075
47.39.080
47.39.090
47.39.100
47.39.900
47.39.910
System created—Standards.
Designation of portions of existing highways as part of system.
Development and maintenance of system by department of
transportation and parks and recreation commission—
Allocation of costs.
Planning and design standards established by department of
community, trade, and economic development.
Planning and design standards—Facilities and factors considered.
Designation of system on maps or other descriptive material.
Designation and removal criteria.
Corridor management plan.
Funding priorities—Signage.
Consultation with other agencies and parties—Identification
of tourist routes.
Removal of designation.
Short title.
Severability—1967 ex.s. c 85.
47.39.010 System created—Standards. There is
hereby created a scenic and recreational highway system.
Highways in this system shall be developed and maintained
in accordance with general standards for state highways of
comparable classification and usage.
Recognizing that the Transportation Equity Act for the
21st Century establishes a national "scenic byway" program
that could benefit state and local roadways, the Washington
state scenic byway designation program is revised to address
state and local transportation routes. Byways in this program must be designated and maintained in accordance with
the criteria developed by the department under this chapter.
However, a highway so designated under RCW 47.39.069
does not become part of the scenic and recreational highway
system unless approved by the legislature. [1999 c 218 § 1;
1967 ex.s. c 85 § 1.]
Effective date—1999 c 218: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 7, 1999]." [1999 c 218 § 9.]
47.39.020 Designation of portions of existing
highways as part of system. The following portions of
highways are designated as part of the scenic and recreational highway system:
(1) State route number 2, beginning at the crossing of
Woods creek at the east city limits of Monroe, thence in an
easterly direction by way of Stevens pass to a junction with
state route number 97 in the vicinity of Peshastin; also
Beginning at the junction with state route number 17, in
the vicinity of Coulee City, thence easterly to the junction
with state route number 155;
(2) State route number 3, beginning at a junction with
state route number 101 in the vicinity of Shelton, thence
northeasterly and northerly to a junction with state route
number 104 in the vicinity of Port Gamble;
(3) State route number 4, beginning at the junction with
state route number 101, thence easterly through Cathlamet to
Coal Creek road, approximately .5 miles west of the
Longview city limits;
[Title 47 RCW—page 132]
(4) State route number 6, beginning at the junction with
state route number 101 in Raymond, thence easterly to the
junction with state route number 5, in the vicinity of
Chehalis;
(5) State route number 7, beginning at the junction with
state route number 12 in Morton, thence northerly to the
junction with state route number 507;
(6) State route number 8, beginning at a junction with
state route number 12 in the vicinity of Elma, thence easterly
to a junction with state route number 101 near Tumwater;
(7) State route number 9, beginning at the junction with
state route number 530 in Arlington, thence northerly to the
end of the route at the Canadian border;
(8) State route number 10, beginning at Teanaway
junction, thence easterly to a junction with state route
number 97 west of Ellensburg;
(9) State route number 11, beginning at the junction
with state route number 5 in the vicinity of Burlington,
thence in a northerly direction to the junction with state
route number 5;
(10) State route number 12, beginning at a junction with
a county road approximately 2.8 miles west of the crossing
of the Wynoochee river which is approximately 1.2 miles
west of Montesano, thence in an easterly direction to a
junction with state route number 8 in the vicinity of Elma;
also
Beginning at a junction with state route number 5,
thence easterly by way of Morton, Randle, and Packwood to
the junction with state route number 410, approximately 3.5
miles west of Naches; also
Beginning at the junction with state route number 124
in the vicinity of the Tri-Cities, thence easterly through
Wallula and Touchet to a junction with a county road
approximately 2.4 miles west of a junction with state route
number 129 at Clarkston;
(11) State route number 14, beginning at the crossing of
Gibbons creek approximately 0.9 miles east of Washougal,
thence easterly along the north bank of the Columbia river
to a point in the vicinity of Plymouth;
(12) State route number 17, beginning at a junction with
state route number 395 in the vicinity of Mesa, thence
northerly to the junction with state route number 97 in the
vicinity of Brewster;
(13) State route number 19, the Chimacum-Beaver
Valley road, beginning at the junction with state route
number 104, thence northerly to the junction with state route
number 20;
(14) State route number 20, beginning at the junction
with state route number 101 to the ferry zone in Port
Townsend; also
Beginning at the Keystone ferry slip on Whidbey Island,
thence northerly and easterly to a junction with state route
number 153 southeast of Twisp; also
Beginning at a junction with state route number 97 near
Tonasket, thence easterly and southerly to a junction with
state route number 2 at Newport;
(15) State route number 25, beginning at the Spokane
river bridge, thence northerly through Cedonia, Gifford,
Kettle Falls, and Northport, to the Canadian border;
(16) State route number 31, beginning at the junction
with state route number 20 in Tiger, thence northerly to the
Canadian border;
(2002 Ed.)
Scenic and Recreational Highway Act of 1967
(17) State route number 82, beginning at the junction
with state route number 395 south of the Tri-Cities area,
thence southerly to the end of the route at the Oregon
border;
(18) State route number 90, beginning at the junction
with East Sunset Way in the vicinity east of Issaquah, thence
easterly to Thorp road 9.0 miles west of Ellensburg;
(19) State route number 97, beginning at the Oregon
border, in a northerly direction through Toppenish and
Wapato to the junction with state route number 82 at Union
Gap; also
Beginning at the junction with state route number 10,
2.5 miles north of Ellensburg, in a northerly direction to the
junction with state route number 2, 4.0 miles east of
Leavenworth;
(20) State route number 97 alternate, beginning at the
junction with state route number 2 in the vicinity of Monitor,
thence northerly to the junction with state route number 97,
approximately 5.0 miles north of Chelan;
(21) State route number 101, beginning at the AstoriaMegler bridge, thence north to Fowler street in Raymond;
also
Beginning at a junction with state route number 109 in
the vicinity of Queets, thence in a northerly, northeasterly,
and easterly direction by way of Forks to the junction with
state route number 5 in the vicinity of Olympia;
(22) State route number 104, beginning at a junction
with state route number 101 in the vicinity south of Discovery bay, thence in a southeasterly direction to the Kingston
ferry crossing;
(23) State route number 105, beginning at a junction
with state route number 101 at Raymond, thence westerly
and northerly by way of Tokeland and North Cove to the
shore of Grays Harbor north of Westport; also
Beginning at a junction with state route number 105 in
the vicinity south of Westport, thence northeasterly to a
junction with state route number 101 at Aberdeen;
(24) State route number 109, beginning at a junction
with state route number 101 in Hoquiam to a junction with
state route number 101 in the vicinity of Queets;
(25) State route number 112, beginning at the easterly
boundary of the Makah Indian reservation, thence in an
easterly direction to the vicinity of Laird’s corner on state
route number 101;
(26) State route number 116, beginning at the junction
with the Chimacum-Beaver Valley road, thence in an
easterly direction to Fort Flagler State Park;
(27) State route number 119, beginning at the junction
with state route number 101 at Hoodsport, thence northwesterly to the Mount Rose development intersection;
(28) State route number 122, Harmony road, between
the junction with state route number 12 near Mayfield dam
and the junction with state route number 12 in Mossyrock;
(29) State route number 123, beginning at the junction
with state route number 12 in the vicinity of Morton, thence
northerly to the junction with state route number 410;
(30) State route number 129, beginning at the Oregon
border, thence northerly to the junction with state route
number 12 in Clarkston;
(31) State route number 141, beginning at the junction
with state route number 14 in Bingen, thence northerly to the
end of the route at the Skamania county line;
(2002 Ed.)
47.39.020
(32) State route number 142, beginning at the junction
with state route number 14 in Lyle, thence northeasterly to
the junction with state route number 97, .5 miles from
Goldendale;
(33) State route number 153, beginning at a junction
with state route number 97 in the vicinity of Pateros, thence
in a northerly direction to a junction with state route number
20 in the vicinity south of Twisp;
(34) State route number 155, beginning at a junction
with state route number 2 in the vicinity north of Coulee
City, thence northerly and westerly to the junction with state
route number 215;
(35) State route number 194, beginning at the Port of
Almota to the junction with state route number 195 in the
vicinity of Pullman;
(36) State route number 202, beginning at the junction
with state route number 522, thence in an easterly direction
to the junction with state route number 90 in the vicinity of
North Bend;
(37) State route number 211, beginning at the junction
with state route number 2, thence northerly to the junction
with state route number 20 in the vicinity of Usk;
(38) State route number 231, beginning at the junction
with state route number 23, in the vicinity of Sprague,
thence in a northerly direction to the junction with state
route number 2, approximately 2.5 miles west of Reardan;
(39) State route number 261, beginning at the junction
with state route number 12 in the vicinity of Delaney, thence
northwesterly to the junction with state route number 260;
(40) State route number 262, beginning at the junction
with state route number 26, thence northeasterly to the
junction with state route number 17 between Moses Lake
and Othello;
(41) State route number 272, beginning at the junction
with state route number 195 in Colfax, thence easterly to the
Idaho state line, approximately 1.5 miles east of Palouse;
(42) State route number 305, beginning at the Winslow
ferry dock to the junction with state route number 3 approximately 1.0 mile north of Poulsbo;
(43) State route number 395, beginning at the north end
of the crossing of Mill creek in the vicinity of Colville,
thence in a northwesterly direction to a junction with state
route number 20 at the west end of the crossing over the
Columbia river at Kettle Falls;
(44) State route number 401, beginning at a junction
with state route number 101 at Point Ellice, thence easterly
and northerly to a junction with state route number 4 in the
vicinity north of Naselle;
(45) State route number 410, beginning 4.0 miles east
of Enumclaw, thence in an easterly direction to the junction
with state route number 12, approximately 3.5 miles west of
Naches;
(46) State route number 501, beginning at the junction
with state route number 5 in the vicinity of Vancouver,
thence northwesterly on the New Lower River road around
Vancouver Lake;
(47) State route number 503, beginning at the junction
with state route number 500, thence northerly by way of
Battle Ground and Yale to the junction with state route
number 5 in the vicinity of Woodland;
[Title 47 RCW—page 133]
47.39.020
Title 47 RCW: Public Highways and Transportation
(48) State route number 504, beginning at a junction
with state route number 5 at Castle Rock, to the end of the
route on Johnston Ridge, approximately milepost 52;
(49) State route number 505, beginning at the junction
with state route number 504, thence northwesterly by way of
Toledo to the junction with state route number 5;
(50) State route number 508, beginning at the junction
with state route number 5, thence in an easterly direction to
the junction with state route number 7 in Morton;
(51) State route number 525, beginning at the ferry toll
booth on Whidbey Island to a junction with state route
number 20 east of the Keystone ferry slip;
(52) State route number 542, beginning at the junction
with state route number 5, thence easterly to the vicinity of
Austin pass in Whatcom county;
(53) State route number 547, beginning at the junction
with state route number 542 in Kendall, thence northwesterly
to the junction with state route number 9 in the vicinity of
the Canadian border;
(54) State route number 706, beginning at the junction
with state route number 7 in Elbe, in an easterly direction to
the end of the route at Mt. Rainier National Park;
(55) State route number 821, beginning at a junction
with state route number 82 at the Yakima firing center
interchange, thence in a northerly direction to a junction with
state route number 82 at the Thrall road interchange;
(56) State route number 971, Navarre Coulee road,
between the junction with state route number 97 and the
junction with South Lakeshore road. [1993 c 430 § 7; 1992
c 26 § 2; 1991 c 342 § 54; 1990 c 240 § 3; 1975 c 63 § 8;
1973 1st ex.s. c 151 § 10; 1971 ex.s. c 73 § 29; 1970 ex.s.
c 51 § 177; 1969 ex.s. c 281 § 6; 1967 ex.s. c 85 § 2.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
Legislative finding—1990 c 240: "The legislature finds that scenic
and recreational highways are designated because of a need to develop
management plans that will protect and preserve the scenic and recreational
resources from loss through inappropriate development. Protection of scenic
and recreational resources includes managing land use outside normal
highway rights of way. The legislature recognizes that scenic and
recreational highways are typically located in areas that are natural in
character, along watercourses or through mountainous areas, or in areas with
a view of such scenery." [1990 c 240 § 1.]
47.39.030 Development and maintenance of system
by department of transportation and parks and recreation commission—Allocation of costs. (1) The department
shall pay from motor vehicle funds appropriated for construction of state highways, the following costs of developing
and constructing scenic and recreational highways: (a)
Acquisition of the right of way necessary for state highway
purposes; (b) construction of the portion of the highway
designed primarily for motor vehicle travel; (c) exit and
entrance roadways providing access to scenic observation
points; (d) safety rest areas; (e) roadside landscaping within
the portion of the highway right of way acquired by the
department for state highway purposes; (f) the uniform signs
and markers designating the various features and facilities of
the scenic and recreational highways; and (g) any additional
costs of constructing and developing the scenic and recreational highways, including property acquisition adjacent to
highways as authorized by RCW 47.12.250, for which the
department shall receive reimbursement from the federal
government or any other source.
[Title 47 RCW—page 134]
(2) The parks and recreation commission shall pay the
costs of developing and constructing the scenic and recreational highways not provided for in subsection (1) of this
section from any funds appropriated for such purposes.
(3) The costs of maintaining the scenic and recreational
highway system shall be allocated between the department
and the parks and recreation commission in the same manner
that costs of developing and constructing such highways are
allocated in subsections (1) and (2) of this section.
(4) The city, town, county, regional transportation
planning organization, federal agency, federally recognized
tribe, or any other such party that nominates a roadway not
located on a state-owned right of way for designation as a
scenic byway shall bear all costs relating to the nomination
and designation of the byway, such as costs for developing,
maintaining, planning, designing, and constructing the scenic
byway. [1999 c 218 § 2; 1984 c 7 § 207; 1967 ex.s. c 85 §
3.]
Effective date—1999 c 218: See note following RCW 47.39.010.
Severability—1984 c 7: See note following RCW 47.01.141.
Safety rest areas: Chapter 47.38 RCW.
47.39.040 Planning and design standards established by department of community, trade, and economic
development. The establishment of planning and design
standards for items provided for in RCW 47.39.050 shall be
coordinated by the department of community, trade, and
economic development. The department of transportation,
parks and recreation commission, and any other departments
or commissions whose interests are affected shall prepare,
submit, and file with the department of community, trade,
and economic development standards relating to the scenic
and recreational highway system. If varying planning and
design standards are filed, the department of community,
trade, and economic development shall consult with the
submitting agencies on the merits of the several proposals
and, based upon such consultation, establish a set of standards. Pursuant to the planning and design standards so
established, the department of transportation and the parks
and recreation commission shall develop the highways and
areas adjacent thereto to accomplish the purposes of this
chapter, but the department shall retain exclusive authority
over the highway right of way.
Responsibility for construction and maintenance is
hereby established between the department and the parks and
recreation commission with the department responsible for
activities financed with funds provided for under RCW
47.39.030(1) and the parks and recreation commission
responsible for activities financed from other sources of
funds. By mutual consent, responsibility for development
and/or maintenance may be transferred between the two
agencies. [1995 c 399 § 122; 1985 c 6 § 16; 1984 c 7 §
208; 1967 ex.s. c 85 § 4.]
Severability—1984 c 7: See note following RCW 47.01.141.
Department of community, trade, and economic development: Chapter
43.330 RCW.
47.39.050 Planning and design standards—Facilities
and factors considered. Planning and design standards
established for highways falling within the scenic and
(2002 Ed.)
Scenic and Recreational Highway Act of 1967
recreational highways system may include, but shall not be
limited to, provision for the following:
(1) Hiking, bicycle, and bridle trails, including regulations for their use;
(2) Campsites and shelters;
(3) Boat launching sites;
(4) Access trails to lakes, rivers and streams, and
easements along their shores;
(5) Safety rest areas;
(6) Historic and geologic interpretative facilities;
(7) Scenic observation facilities;
(8) Roadside landscaping, restoration and aesthetic
enhancement;
(9) Specifically delineated highway corridors and means
for the preservation of natural beauty, historic sites, or
viewpoints;
(10) A uniform system of signs and markers designating
the various features and facilities of the scenic and recreational highway systems. [1967 ex.s. c 85 § 5.]
47.39.060 Designation of system on maps or other
descriptive material. The department and the parks and
recreation commission may include, where appropriate, on
any maps, or in any relevant descriptive material they may
prepare at state expense, references to those portions of
highways designated in RCW 47.39.020, and may include
those designated byways by appropriate color or code
designation. [1999 c 218 § 3; 1984 c 7 § 209; 1967 ex.s. c
85 § 6.]
Effective date—1999 c 218: See note following RCW 47.39.010.
Severability—1984 c 7: See note following RCW 47.01.141.
47.39.069 Designation and removal criteria. (1) The
department, in consultation with the department of community, trade, and economic development, the department of
natural resources, the parks and recreation commission,
affected cities, towns, and counties, federally recognized
tribes, regional transportation planning organizations,
Washington-based automobile clubs, statewide bicycling
organizations, and other interested parties, shall develop by
December 31, 1999, criteria for assessing scenic byways and
heritage tour routes and an appropriate method of nomination
and application for the designation and removal of the
designation of the byways. Factors the department may take
into consideration, but is not limited by, are: (a) Scenic
quality of the byway; (b) natural aspects, such as geological
formations, water bodies, vegetation, and wildlife; (c)
historic elements; (d) cultural features such as the arts,
crafts, music, customs, or traditions of a distinct group of
people; (e) archaeological features; (f) recreational activities;
(g) roadway safety including accommodations for bicycle
and pedestrian travel, tour buses, and automobiles; (h) scenic
byway and local and regional byway management plans; and
(i) local public involvement and support for the byway.
(2) The criteria developed in subsection (1) of this
section must not impose nor require regulation of privately
owned lands or property rights.
(3) Any person may nominate a roadway, path, or trail
for inclusion in the scenic byway program. The department
shall assess nominations in accordance with the criteria
developed under subsection (1) of this section. The depart(2002 Ed.)
47.39.050
ment shall submit its recommendations for scenic byway and
heritage tour route designations to the commission for its
approval and official designation of the roadway, path, or
trail as a scenic byway or a heritage tour route. All decisions made by the commission relating to scenic byway and
heritage tour route designations are final.
(4) The department shall apply the criteria in subsection
(1) of this section to state highways that are currently not a
part of the designated scenic and recreational highway
system. The department shall respond to local requests for
route evaluation as defined in subsection (3) of this section.
(5) Once the commission has designated a roadway as
a scenic byway, the department may submit an individual
nomination to the Federal Highway Administration for its
consideration of whether the roadway qualifies to be designated as a national scenic byway or an All-American
Roadway. [1999 c 218 § 4.]
Effective date—1999 c 218: See note following RCW 47.39.010.
47.39.075 Corridor management plan. The department shall participate with local communities to develop a
corridor management plan for a state highway nominated to
be part of the scenic byway program. Local, regional, or
other governmental bodies shall develop a corridor management plan for nominated routes that are under their jurisdiction. [1999 c 218 § 5.]
Effective date—1999 c 218: See note following RCW 47.39.010.
47.39.080 Funding priorities—Signage. Recognizing
that the Transportation Equity Act for the 21st Century
establishes a national "Scenic Byways" grant program and a
new apportionment program called "Transportation Enhancement Activities," the department of transportation shall place
high priority on obtaining funds from those sources for
further development of a scenic and recreational highways
program, including enhancement projects on the designated
scenic and recreational highway system. The department
shall consider the use of the designated system by bicyclists
and pedestrians in connection with nonmotorized routes in
the state trail plan, and the state bicycle plan which are also
eligible for TEA-21 funding. Appropriate signage may be
used at intersections of nonmotorized and motorized systems
to demonstrate the access, location, and the interconnectivity
of various modes of travel for transportation and recreation.
For the purposes of leveraging national scenic byway
planning grant funds, the commission may designate eligible
state highways as scenic byways on an interim basis. [1999
c 218 § 6; 1993 c 430 § 8.]
Effective date—1999 c 218: See note following RCW 47.39.010.
47.39.090 Consultation with other agencies and
parties—Identification of tourist routes. In developing the
scenic and recreational highways program, the department
shall consult with the department of community, trade, and
economic development, the department of natural resources,
the parks and recreation commission, affected cities, towns,
and counties, regional transportation planning organizations,
statewide bicycling organizations, and other interested
parties. The scenic and recreational highways program may
identify entire highway loops or similar tourist routes that
could be developed to promote tourist activity and provide
[Title 47 RCW—page 135]
47.39.090
Title 47 RCW: Public Highways and Transportation
concurrent economic growth while protecting the scenic and
recreational quality surrounding state highways. [1995 c 399
§ 123; 1993 c 430 § 9.]
47.39.100 Removal of designation. (1) The commission may remove the designation of a route if it no longer
possesses the intrinsic qualities or fails to meet the criteria
that supported its designation.
(2) The department shall determine whether a roadway
designated as a national scenic byway or an All-American
Roadway is being properly maintained in accordance with
the roadway’s byway management plan, including preserving
the intrinsic qualities that originally supported the designation. When the department determines that the intrinsic
qualities of a national scenic byway or All-American Roadway have not been maintained sufficiently to retain its
designation, the department shall notify the party responsible
for maintaining the designation of the finding and allow the
party an opportunity, under federal regulations, for corrective
action before formal removal of the designation of the
roadway.
(3) Local, regional, or other governmental bodies may
notify the commission of the removal of a designated route
if they determine it no longer meets the designation criteria,
or community support for the designation no longer exists,
or it no longer possesses the intrinsic qualities that supported
its original designation.
(4) State or local removal of a designated route will
result in discontinued state support of the designated route
and can include, but is not limited to, state matching
assistance for grant applications, the removal of signs directly related to the byway, free promotional information in the
state-owned safety rest areas, and inclusion in maps, brochures, and electronic media. [1999 c 218 § 7.]
Effective date—1999 c 218: See note following RCW 47.39.010.
47.39.900 Short title. RCW 47.39.010 through
47.39.910 shall constitute a new chapter in Title 47 RCW
and shall be known and may be cited as the "Scenic and
Recreational Highway Act of 1967." [1967 ex.s. c 85 § 7.]
47.39.910 Severability—1967 ex.s. c 85. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1967 ex.s. c 85 § 8.]
Chapter 47.40
ROADSIDE IMPROVEMENT AND
BEAUTIFICATION
Sections
47.40.010
47.40.020
47.40.030
47.40.040
47.40.050
47.40.060
47.40.070
47.40.080
47.40.090
Improvement and beautification a highway purpose.
Use of funds authorized.
Permit to private persons.
Application for permit, contents.
Survey—Report—Permit.
Agreement to maintain project.
Damaging project unlawful.
Penalty for destroying native flora on state lands, highways,
parks.
Glass bottles along highways—Collection and removal.
[Title 47 RCW—page 136]
47.40.100 State adopt-a-highway program.
47.40.105 Local adopt-a-highway programs.
City streets, parkways, boulevards, etc.: Title 35 RCW.
State parks and recreation commission may plant trees along highway:
RCW 79A.05.030.
Withdrawal of public lands abutting highway: RCW 79A.05.105.
47.40.010 Improvement and beautification a
highway purpose. The planting and cultivating of any
shrubs, trees, hedges or other domestic or native ornamental
growth, the improvement of roadside facilities and view
points, and the correction of unsightly conditions, upon the
right of way of any state highway is hereby declared to be
a proper state highway purpose. [1961 c 13 § 47.40.010.
Prior: 1937 c 53 § 88; RRS § 6400-88.]
47.40.020 Use of funds authorized. Whenever funds
are available for the planting or cultivation of any shrubs,
trees, hedges, or other domestic or native ornamental growth,
the improvement of roadside facilities and view points, the
correction of unsightly conditions upon the right of way of
any state highway, and for roadside development and
beautification, the department is empowered to expend such
funds, either independently or in conjunction with the funds
of any county, political subdivision, or any person, firm,
corporation, association, or organization. [1984 c 7 § 210;
1961 c 13 § 47.40.020. Prior: 1937 c 53 § 89; RRS §
6400-89.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.40.030 Permit to private persons. Any person,
firm, corporation, association, or organization owning lands
abutting upon any state highway and desiring to plant,
cultivate, and grow any hedge, shade trees, or ornamental
trees or shrubs along the right of way thereof, or to clear and
cultivate a portion of the state highway right of way for the
purpose of growing crops and destroying noxious weeds, or
any person, firm, corporation, association, or organization
interested in public improvement and desiring to improve
and beautify any state highway right of way or any portion
thereof by planting, cultivating, or growing any hedge or
shade or ornamental trees or cultivate along or upon the right
of way thereof, may upon application to the department, be
granted a permit therefor as provided by law. [1984 c 7 §
211; 1961 c 13 § 47.40.030. Prior: 1937 c 53 § 90; RRS
§ 6400-90; prior: 1927 c 242 § 1; RRS § 6437-1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.40.040 Application for permit, contents. Each
application for a permit to plant, cultivate and grow any
hedge, shade or ornamental trees or shrubbery along or upon
the right of way of any state highway or improve such right
of way shall be in writing, signed by the applicant, and shall
describe the state highway or portion thereof along or upon
the right of way of which permit to plant, cultivate, grow or
improve is sought, by name, number, or other reasonable
description, and the lands bordering thereon by governmental
subdivisions, and shall state the names, places or residence
and post office addresses of the applicant or applicants
owning the land abutting upon such state highway or the
name of the person, firm, corporation, association or organi(2002 Ed.)
Roadside Improvement and Beautification
zation applying for the permit and the names of its officers
and their places of residence and their post office addresses,
and shall state definitely the purpose for which the permit is
sought, giving a description of the kind of hedge, or variety
of shrubbery or trees desired to be planted or the kinds of
crops to be grown, or improvement to be made, with a
diagram illustrating the location and number of hedges, trees
or shrubs or the area of cultivation desired or plans of the
improvement proposed to be made. [1961 c 13 § 47.40.040.
Prior: 1937 c 53 § 91; RRS § 6400-91; prior: 1927 c 242
§ 2; RRS § 6437-2.]
47.40.050 Survey—Report—Permit. Upon the filing
of such application, the department shall cause a survey of
the state highway to be made with reference to the application and a report of the findings and recommendations as to
the granting of the permit, and if it appears to the satisfaction of the department that the use of a portion of the state
highway for the purpose set out in the application will not
interfere with the use of the state highway for public travel
and will beautify and improve the state highway, a permit
may be granted and issued to the applicant to plant, cultivate, and grow any hedge, shade or ornamental trees,
shrubbery, or crops, or make such improvement along or
upon the right of way of such portion of the state highway
as is definitely described in the permit, and to construct and
maintain such temporary and substantial fence on and along
the portion of the right of way of the state highway described in the permit as is specified in the permit. The
permit shall specify the exact location of all hedges, shade
or ornamental trees, or shrubbery to be planted and grown,
or the area to be cultivated under the permit, or the area to
be improved to which specified location the person, firm,
corporation, association, or organization receiving the permit
shall specifically conform. The department may in its
discretion refuse to issue the permit, and any such permit
that is granted is revocable at the will of the department and
nothing in this title may be construed as in anywise affecting
the title of the state to the lands included in the state
highway, or the right to use the lands for state highway
purposes, or to remove or destroy any of such hedges, trees,
shrubbery, or crops for the purpose of construction, alteration, repair, improvement, or maintenance of the state
highway, or for any other purpose and at any time. [1984 c
7 § 212; 1961 c 13 § 47.40.050. Prior: 1937 c 53 § 92;
RRS § 6400-92; prior: 1927 c 242 § 3, part; RRS § 6437,
part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.40.060 Agreement to maintain project. If any
such permit is granted, the department shall enter into an
agreement with the person, firm, corporation, association, or
organization agreeing that such roadside development or
beautification shall be maintained and kept up by the state
through the department or by the person, firm, corporation,
association, or organization. If any such person, firm,
corporation, association, or organization so agreeing fails or
neglects to maintain the roadside development or beautification, the department is empowered to do so, and the expense
thereof shall be a charge against the person, firm, corporation, association, or organization. [1984 c 7 § 213; 1961 c
(2002 Ed.)
47.40.040
13 § 47.40.060. Prior: 1937 c 53 § 93; RRS § 6400-93;
prior: 1927 c 242 § 3, part; RRS § 6437-3, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.40.070 Damaging project unlawful. It is unlawful
for any person to injure, destroy, or remove any hedge,
shade or ornamental trees, shrubbery, or crops, planted,
cultivated, and grown or improvement made upon or along
any portion of any state highway under permit from the
department or otherwise, or to injure, destroy, or remove any
fence erected under any such permit or otherwise. However,
nothing in this section may be construed to prevent any
person with the department to do so or the officers of the
state charged with the duty of constructing and maintaining
any such state highway, from removing any hedges, trees,
shrubbery, or crops planted or improvements or fences built
under permit, where in their judgment they interfere with or
are detrimental to, the use of the state highway for public
travel, or such removal is necessary for the construction,
alteration, repair, improvement, or maintenance of the state
highway. [1984 c 7 § 214; 1961 c 13 § 47.40.070. Prior:
1937 c 53 § 94; RRS § 6400-94; prior: 1927 c 242 § 4;
RRS § 6437-4.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.40.080 Penalty for destroying native flora on
state lands, highways, parks. Any person who shall break
or cut from any lands owned by the state of Washington or
shall cut down, remove, destroy or uproot any rhododendron,
evergreen, huckleberry, native dogwood or any other native
tree, shrub, fern, herb, bulb or wild plants, or any part
thereof, within three hundred feet of the center line of any
state or county road, or who shall cut down, remove or
destroy any flowering or ornamental tree or shrub, or any
native flowering plant, fern, herb or bulb, either perennial or
annual, situate, growing or being on any public street or
highway, state or city park, in the state of Washington,
unless such person be engaged in the work of constructing
or repairing such highway or street under authority and
direction of the legally constituted public officials being
charged by law with the duty of constructing or repairing
such highways or streets, state or city parks, shall be guilty
of a misdemeanor. [1961 c 13 § 47.40.080. Prior: 1933 c
133 § 1; 1925 ex.s. c 59 § 1; RRS § 2787-1.]
47.40.090 Glass bottles along highways—Collection
and removal. The department and any other governmental
subdivision shall, with the staff, equipment, and material
under their control, or by contract with others, take all
necessary actions to collect and remove any or all glass
bottles or glass containers along the right of way of any
public road or public highway. [1984 c 7 § 215; 1969 ex.s.
c 281 § 48.]
Severability—1984 c 7: See note following RCW 47.01.141.
Deposit of unwholesome substance: RCW 9.66.050.
Removal of glass after accident: RCW 46.61.645.
Throwing glass on highway: RCW 46.61.645, 70.93.060.
47.40.100 State adopt-a-highway program. (1) The
department of transportation shall establish a statewide
[Title 47 RCW—page 137]
47.40.100
Title 47 RCW: Public Highways and Transportation
adopt-a-highway program. The purpose of the program is to
provide volunteers and businesses an opportunity to contribute to a cleaner environment, enhanced roadsides, and
protection of wildlife habitats. Participating volunteers and
businesses shall adopt department-designated sections of
state highways, rest areas, park and ride lots, intermodal
facilities, and any other facilities the department deems
appropriate, in accordance with rules adopted by the department. The department may elect to coordinate a consortium
of participants for adopt-a-highway projects.
The adopt-a-highway program shall include, at a
minimum, litter control for the adopted section, and may
include additional responsibilities such as planting and
maintaining vegetation, controlling weeds, graffiti removal,
and any other roadside improvement or clean-up activities
the department deems appropriate. The department shall not
accept adopt-a-highway proposals that would have the effect
of terminating classified employees or classified employee
positions.
(2) A volunteer group or business choosing to participate in the adopt-a-highway program must submit a proposal
to the department. The department shall review the proposal
for consistency with departmental policy and rules. The
department may accept, reject, or modify an applicant’s
proposal.
(3) The department shall seek partnerships with volunteer groups and businesses to facilitate the goals of this
section. The department may solicit funding for the adopt-ahighway program that allows private entities to undertake all
or a portion of financing for the initiatives. The department
shall develop guidelines regarding the cash, labor, and inkind contributions to be performed by the participants.
(4) An organization whose name: (a) Endorses or
opposes a particular candidate for public office, (b) advocates a position on a specific political issue, initiative,
referendum, or piece of legislation, or (c) includes a reference to a political party shall not be eligible to participate in
the adopt-a-highway program.
(5) In administering the adopt-a-highway program, the
department shall:
(a) Provide a standardized application form, registration
form, and contractual agreement for all participating groups.
The forms shall notify the prospective participants of the
risks and responsibilities to be assumed by the department
and the participants;
(b) Require all participants to be at least fifteen years of
age;
(c) Require parental consent for all minors;
(d) Require at least one adult supervisor for every eight
minors;
(e) Require one designated leader for each participating
organization, unless the department chooses to coordinate a
consortium of participants;
(f) Assign each participating organization a section or
sections of state highway, or other state-owned transportation
facilities, for a specified period of time;
(g) Recognize the efforts of a participating organization
by erecting and maintaining signs with the organization’s
name on both ends of the organization’s section of highway;
(h) Provide appropriate safety equipment. Safety
equipment issued to participating groups must be returned to
[Title 47 RCW—page 138]
the department upon termination of the applicable adopt-ahighway agreement;
(i) Provide safety training for all participants;
(j) Pay any and all premiums or assessments required
under RCW 51.12.035 to secure medical aid benefits under
chapter 51.36 RCW for all volunteers participating in the
program;
(k) Require participating businesses to pay all employer
premiums or assessments required to secure medical aid
benefits under chapter 51.36 RCW for all employees or
agents participating in the program;
(l) Maintain records of all injuries and accidents that
occur;
(m) Adopt rules that establish a process to resolve any
question of an organization’s eligibility to participate in the
adopt-a-highway program;
(n) Obtain permission from property owners who lease
right of way before allowing an organization to adopt a
section of highway on such leased property; and
(o) Establish procedures and guidelines for the adopt-ahighway program.
(6) Nothing in this section affects the rights or activities
of, or agreements with, adjacent landowners, including the
use of rights of way and crossings, nor impairs these rights
and uses by the placement of signs. [1995 c 106 § 1; 1990
c 258 § 5.]
Legislative findings and intent—1990 c 258: "The legislature finds
that despite the efforts of the department of transportation, the department
of ecology, and the ecology youth corps to pick up litter along state
highways, roadside litter in Washington state has increased by thirty-six
percent since 1983. The legislature further finds that in twenty-seven states,
volunteer organizations are able to give of their time and energy, demonstrate commitment to a clean environment, and discourage would-be litterers
by keeping sections of highway litter free because those states have
established programs to encourage and recognize such voluntary efforts.
Therefore, it is the legislature’s intent to establish an "adopt-a-highway"
litter control program as a partnership between citizen volunteers and the
state to reduce roadside litter and build civic pride in a litter-free Washington." [1990 c 258 § 4.]
47.40.105 Local adopt-a-highway programs. Local
government legislative authorities may enact local "adopt-ahighway sign" programs which are not inconsistent with state
or federal law. [1990 c 258 § 3.]
Legislative findings and intent—1990 c 258: See note following
RCW 47.40.100.
Chapter 47.41
JUNKYARDS ADJACENT TO INTERSTATE AND
PRIMARY HIGHWAYS
Sections
47.41.010 Legislative declaration—Purpose.
47.41.020 Definitions.
47.41.030 Junkyards adjacent to highways prohibited—Exceptions.
47.41.040 Screening or removal of junkyard.
47.41.050 Administrative rules—Review of action.
47.41.060 Other laws not affected.
47.41.070 Violations—Penalty—Abatement as public nuisance.
47.41.080 Agreements with United States secretary of transportation.
47.41.900 Severability—1971 ex.s. c 101.
Vehicle wreckers: Chapter 46.80 RCW.
(2002 Ed.)
Junkyards Adjacent to Interstate and Primary Highways
47.41.010 Legislative declaration—Purpose. For the
purpose of promoting the public safety, health, welfare,
convenience, and enjoyment of public travel, to protect the
public investment in public highways, and to preserve and
enhance the scenic beauty of lands bordering public highways, it is hereby declared to be in the public interest to
regulate and restrict the establishment, operation, and
maintenance of junkyards in areas adjacent to the interstate
and federal-aid primary systems within this state. The
legislature hereby finds and declares that junkyards which do
not conform to the requirements of this chapter are public
nuisances. [1971 ex.s. c 101 § 1.]
47.41.020 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Junk" means old or scrap copper, brass, rope, rags,
batteries, paper, trash, rubber debris, waste, or junked,
dismantled, or wrecked automobiles, or parts thereof, iron,
steel, and other old or scrap ferrous or nonferrous material.
(2) "Automobile graveyard" means any establishment or
place of business that is maintained, used, or operated by
storing, keeping, buying, or selling wrecked, scrapped,
ruined, or dismantled motor vehicles or motor vehicle parts.
(3) "Junkyard" means an establishment or place of
business that is maintained, operated, or used for storing,
keeping, buying, or selling junk or for the maintenance or
operation of an automobile graveyard, and the term includes
garbage dumps and sanitary fills.
(4) "Interstate system" means that portion of the national
system of interstate and defense highways located within this
state, as officially designated or as may hereafter be so
designated by the department and approved by the United
States secretary of transportation under Title 23 United
States Code.
(5) "Federal-aid primary system" means that portion of
connected main highways as officially designated or as may
hereafter be so designated by the department and approved
by the United States secretary of transportation as the
federal-aid primary system pursuant to the provisions of Title
23 United States Code.
(6) "Department" means the Washington state department of transportation. [1984 c 7 § 216; 1971 ex.s. c 101 §
2.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.41.030 Junkyards adjacent to highways prohibited—Exceptions. No person may establish, operate, or
maintain a junkyard any portion of which is within one
thousand feet of the nearest edge of the right of way of any
interstate or federal-aid primary highway, except the following:
(1) Those which are screened by natural objects,
plantings, fences, or other appropriate means so as not to be
visible from the main-traveled way of the system or otherwise removed from sight;
(2) Those located within areas which are zoned for
industrial use under authority of law;
(3) Those located within unzoned industrial areas, which
areas shall be determined from actual land uses and defined
by rules adopted by the department and approved by the
United States secretary of transportation; and
(2002 Ed.)
47.41.010
(4) Those which are not visible from the main-traveled
way of the system. [1984 c 7 § 217; 1971 ex.s. c 101 § 3.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.41.040 Screening or removal of junkyard.
Before July 1, 1971, the department shall determine whether
or not the topography of the land adjoining the highway will
permit adequate screening of any junkyard lawfully in
existence located outside of a zoned industrial area or an
unzoned industrial area as defined under RCW 47.41.030 on
August 9, 1971, that is within one thousand feet of the
nearest edge of the right of way and visible from the main
traveled way of any highway on the interstate and primary
system and whether screening of the junkyard would be economically feasible. Within thirty days thereafter the department shall notify by certified mail the record owner of the
land upon which the junkyard is located, or the operator
thereof, of its determination.
If it is economically feasible to screen the junkyard, the
department shall screen the junkyard so that it will not be
visible from the main-traveled way of the highway. The
department is authorized to acquire by gift, purchase, exchange, or condemnation such lands or interest in lands as
may be required for these purposes.
If it is not economically feasible to screen the junkyard,
the department shall acquire by purchase, gift, or condemnation an interest in the real property used for junkyard
purposes that is visible from the main traveled way of the
highway, restricting any owner of the remaining interest to
use of the real estate for purposes other than a junkyard. In
addition to compensation for the real property interest, the
operator of a junkyard shall receive the actual reasonable
expenses in moving his business personal property to a
location within the same general area where a junkyard may
be lawfully established, operated, and maintained. This
section shall be interpreted as being in addition to all other
rights and remedies of a junkyard owner or operator and
shall not be interpreted as a limitation on or alteration of the
law of compensation in eminent domain. [1984 c 7 § 218;
1971 ex.s. c 101 § 4.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.41.050 Administrative rules—Review of action.
The department shall adopt rules for the administration of
this chapter consistent with the policy of this chapter and the
national policy set forth in 23 U.S.C. Sec. 136, and the
regulations promulgated thereunder by the United States
secretary of transportation. Proceedings for review of any
action taken by the department pursuant to this chapter shall
be instituted by filing a petition only in the superior court of
Thurston county. [1984 c 7 § 219; 1971 ex.s. c 101 § 5.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.41.060 Other laws not affected. Nothing in this
chapter shall be construed to permit a person to maintain any
junkyard that is otherwise prohibited by statute or by the
resolution or ordinance of any county, city, or town, nor to
abrogate or affect the lawful provisions of any statute,
ordinance, regulation, or resolution which are more restrictive than the provisions of this chapter. [1971 ex.s. c 101 §
6.]
[Title 47 RCW—page 139]
47.41.070
Title 47 RCW: Public Highways and Transportation
47.41.070 Violations—Penalty—Abatement as
public nuisance. If the owner of the land upon which any
such junkyard is located, or the operator thereof, as the case
may be, fails to comply with the notice or remove any such
junk within the time provided in this chapter after being so
notified, he is guilty of a misdemeanor. In addition to the
penalties imposed by law upon conviction, an order may be
entered compelling compliance with this chapter. Each day
the junkyard is maintained in a manner so as not to comply
with this chapter constitutes a separate offense.
If the operator of the junkyard or the owner of the
property upon which it is located, as the case may be, is not
found or refuses receipt of the notice, the department, the
chief of the Washington state patrol, the county sheriff, or
the chief of police of any city or town shall post the property
upon which it is located with a notice that the junkyard
constitutes a public nuisance and that the junk thereon must
be removed as provided in this chapter. If the notice is not
complied with, the department, the chief of the Washington
state patrol, the county sheriff, or the chief of police of any
city or town shall abate the nuisance and remove the junk,
and for that purpose may enter upon private property without
incurring liability for doing so. [1984 c 7 § 220; 1971 ex.s.
c 101 § 7.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.41.080 Agreements with United States secretary
of transportation. The department is authorized to enter
into agreements with the United States secretary of transportation as provided in Title 23 United States Code, relating to
the control of junkyards in areas adjacent to the interstate
and primary systems, and to take action in the name of the
state to comply with the terms of the agreement. [1984 c 7
§ 221; 1971 ex.s. c 101 § 8.]
47.42.063
47.42.065
47.42.070
47.42.080
47.42.090
47.42.100
47.42.102
47.42.103
47.42.104
47.42.105
47.42.107
47.42.110
47.42.120
47.42.130
47.42.140
47.42.900
47.42.901
47.42.902
47.42.910
47.42.911
47.42.920
Signs visible from primary system in commercial and industrial areas—Preexisting signs—Permissible signs—
Spacing.
Signs viewable from other highways or streets—
Requirements.
State and local prohibitions.
Public nuisance—Abatement—Penalty.
Revocation of permit.
Preexisting signs—Moratorium.
Compensation for removal of signs—Authorized—
Applicability.
Compensation for removal—Action determining amount—
Payment—State’s share.
Compensation for removal—Federal share—Acceptance.
Unavailability of federal share.
Compensation for removal under local authority.
Agreements for federal aid.
Permits—Fees—Renewal—Permissible acts—Revocation.
Permit identification number.
Scenic areas designated.
Severability—1961 c 96.
Severability—1963 ex.s. c 3.
Severability—1971 ex.s. c 62.
Short title—1961 c 96.
Short title—1971 ex.s. c 62.
Federal requirements—Conflict and accord.
47.42.010 Declaration of purpose. The control of
signs in areas adjacent to state highways of this state is
hereby declared to be necessary to promote the public health,
safety, welfare, convenience and enjoyment of public travel,
to protect the public investment in the interstate system and
other state highways, and to attract visitors to this state by
conserving the natural beauty of areas adjacent to the
interstate system, and of scenic areas adjacent to state
highways upon which they travel in great numbers, and to
insure that information in the specific interest of the traveling public is presented safely and effectively. [1961 c 96 §
1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.41.900 Severability—1971 ex.s. c 101. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 101 § 9.]
Chapter 47.42
HIGHWAY ADVERTISING CONTROL ACT—
SCENIC VISTAS ACT
Sections
47.42.010
47.42.020
47.42.025
47.42.030
47.42.040
47.42.045
47.42.048
47.42.050
47.42.055
47.42.060
47.42.062
Declaration of purpose.
Definitions.
Exclusions from scenic system.
Signs visible from interstate, primary, or scenic systems
restricted.
Permissible signs classified.
Number of signs—Spacing—Tourist facility, business or
agricultural signs.
State and local prohibitions.
Information signs by governmental units.
Roadside area information panels or displays.
Rules for signs visible from interstate and scenic systems—
Judicial review.
Signs visible from primary system in commercial and industrial areas—Requirements, restrictions, and prohibitions.
[Title 47 RCW—page 140]
47.42.020 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Department" means the Washington state department of transportation.
(2) "Erect" means to construct, build, raise, assemble,
place, affix, attach, create, paint, draw, or in any other way
bring into being or establish.
(3) "Interstate system" means any state highway which
is or does become part of the national system of interstate
and defense highways as described in section 103(d) of title
23, United States Code.
(4) "Maintain" means to allow to exist.
(5) "Person" means this state or any public or private
corporation, firm, partnership, association, as well as any
individual or individuals.
(6) "Primary system" means any state highway which is
or does become part of the federal-aid primary system as
described in section 103(b) of title 23, United States Code.
(7) "Scenic system" means (a) any state highway within
any public park, federal forest area, public beach, public
recreation area, or national monument, (b) any state highway
or portion thereof outside the boundaries of any incorporated
city or town designated by the legislature as a part of the
scenic system, or (c) any state highway or portion thereof
outside the boundaries of any incorporated city or town
designated by the legislature as a part of the scenic and
(2002 Ed.)
Highway Advertising Control Act—Scenic Vistas Act
recreational highway system except for the sections of
highways specifically excluded in RCW 47.42.025 or located
within areas zoned by the governing county for predominantly commercial and industrial uses, and having development
visible to the highway, as determined by the department.
(8) "Sign" means any outdoor sign, display, device,
figure, painting, drawing, message, placard, poster, billboard,
or other thing that is designed, intended, or used to advertise
or inform, any part of the advertising or informative contents
of which is visible from any place on the main-traveled way
of the interstate system or other state highway.
(9) "Commercial and industrial areas" means any area
zoned commercial or industrial by a county or municipal
code, or if unzoned or zoned for general uses by a county or
municipal code, that area occupied by three or more separate
and distinct commercial or industrial activities, or any
combination thereof, within a space of five hundred feet and
the area within five hundred feet of such activities on both
sides of the highway. The area shall be measured from the
outer edges of the regularly used buildings, parking lots, or
storage or processing areas of the commercial or industrial
activity and not from the property lines of the parcels upon
which the activities are located. Measurements shall be
along or parallel to the edge of the main traveled way of the
highway. The following shall not be considered commercial
or industrial activities:
(a) Agricultural, forestry, grazing, farming, and related
activities, including, but not limited to, wayside fresh
produce stands;
(b) Transient or temporary activities;
(c) Railroad tracks and minor sidings;
(d) Signs;
(e) Activities more than six hundred and sixty feet from
the nearest edge of the right of way;
(f) Activities conducted in a building principally used as
a residence.
If any commercial or industrial activity that has been used in
defining or delineating an unzoned area ceases to operate for
a period of six continuous months, any signs located within
the former unzoned area become nonconforming and shall
not be maintained by any person.
(10) "Roadside area information panel or display" means
a panel or display located so as not to be readable from the
main traveled way, erected in a safety rest area, scenic
overlook, or similar roadside area, for providing motorists
with information in the specific interest of the traveling
public.
(11) "Temporary agricultural directional sign" means a
sign on private property adjacent to state highway right of
way to provide directional information to places of business
offering for sale seasonal agricultural products on the
property where the sale is taking place. [1993 c 430 § 10;
1991 c 94 § 1; 1990 c 258 § 1; 1987 c 469 § 2; 1985 c 376
§ 2; 1984 c 7 § 222; 1977 ex.s. c 258 § 1; 1974 ex.s. c 80
§ 1; 1971 ex.s. c 62 § 1; 1961 c 96 § 2.]
Legislative findings and intent—1990 c 258: See note following
RCW 47.40.100.
Legislative intent—1985 c 376: "It is the intent of the legislature that
state highway information and directional signs provide appropriate
guidance to all motorists traveling throughout the state. Such guidance
should include the identity, location, and types of recreational, cultural,
educational, entertainment, or unique or unusual commercial activities
whose principle source of visitation is derived from motorists not residing
(2002 Ed.)
47.42.020
in the immediate locale of the activity. Such informational and directional
signs shall comply with Title 23, United States Code and the rules adopted
by the department under RCW 47.42.060." [1985 c 376 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.025 Exclusions from scenic system. The
following sections of the scenic and recreational highway
system are excluded from the scenic system as defined in
subsection (7) of RCW 47.42.020:
(1) Beginning on state route number 101 at the junction
with Airport Road north of Shelton, thence north to a point
two thousand feet north of Airport Road.
(2) Beginning on state route number 101 at the junction
with Mill Creek Road south of Forks, thence north two and
four-tenths miles to the Calawah River bridge.
(3) Beginning on state route number 105 at a point onehalf mile southwest of the boundary of Aberdeen, thence
northeast to the boundary of Aberdeen.
(4) Beginning on state route number 17 at a point ninetenths of a mile west of Grape Drive in the vicinity of
Moses Lake, thence easterly to a junction of Grape Drive.
(5) Beginning on state route number 12 at a point onehalf mile south of the south boundary of Dayton, thence
northerly to the south boundary of Dayton.
(6) Beginning on state route number 14 one-half mile
west of the west boundary of Bingen, thence east to a point
one-half mile east of the east boundary of Bingen. [1971
ex.s. c 62 § 2.]
47.42.030 Signs visible from interstate, primary, or
scenic systems restricted. Except as permitted under this
chapter, no person shall erect or maintain a sign which is
visible from the main traveled way of the interstate system,
the primary system, or the scenic system. In case a highway
or a section of highway is both a part of the primary system
and the scenic system, only those signs permitted along the
scenic system shall be erected or maintained. [1971 ex.s. c
62 § 3; 1961 c 96 § 3.]
47.42.040 Permissible signs classified. It is declared
to be the policy of the state that no signs which are visible
from the main traveled way of the interstate system, primary
system, or scenic system shall be erected or maintained
except the following types:
(1) Directional or other official signs or notices that are
required or authorized by law including signs with the Crime
Stoppers name, logo, and telephone number;
(2) Signs advertising the sale or lease of the property
upon which they are located;
(3) Signs advertising activities conducted on the
property on which they are located;
(4) Signs, not inconsistent with the policy of this chapter
and the national policy set forth in section 131 of title 23,
United States Code as codified and enacted by Public Law
85-767 and amended only by section 106, Public Law
86-342, and the national standards promulgated thereunder
by the secretary of commerce or the secretary of transportation, advertising activities being conducted at a location
within twelve miles of the point at which such signs are located: PROVIDED, That no sign lawfully erected pursuant
to this subsection adjacent to the interstate system and
[Title 47 RCW—page 141]
47.42.040
Title 47 RCW: Public Highways and Transportation
outside commercial and industrial areas shall be maintained
by any person after three years from May 10, 1971;
(5) Signs, not inconsistent with the policy of this chapter
and the national policy set forth in section 131 of title 23,
United States Code as codified and enacted by Public Law
85-767 and amended only by section 106, Public Law
86-342, and the regulations promulgated thereunder by the
secretary of commerce or the secretary of transportation,
designed to give information in the specific interest of the
traveling public: PROVIDED, That no sign lawfully erected
pursuant to this subsection adjacent to the interstate system
and outside commercial and industrial areas shall be maintained by any person after three years from May 10, 1971;
(6) Signs lawfully in existence on October 22, 1965,
determined by the commission, subject to the approval of the
United States secretary of transportation, to be landmark
signs, including signs on farm structures or natural surfaces,
of historic or artistic significance the preservation of which
would be consistent with the purposes of chapter 47.42
RCW;
(7) Public service signs, located on school bus stop shelters, which:
(a) Identify the donor, sponsor, or contributor of said
shelters;
(b) Contain safety slogans or messages which occupy
not less than sixty percent of the area of the sign;
(c) Contain no other message;
(d) Are located on school bus shelters which are
authorized or approved by city, county, or state law, regulation, or ordinance, and at places approved by the city,
county, or state agency controlling the highway involved;
and
(e) Do not exceed thirty-two square feet in area. Not
more than one sign on each shelter may face in any one
direction.
Subsection (7) of this section notwithstanding, the
department of transportation shall adopt regulations relating
to the appearance of school bus shelters, the placement, size,
and public service content of public service signs located
thereon, and the prominence of the identification of the
donors, sponsors, or contributors of the shelters;
(8) Temporary agricultural directional signs, with the
following restrictions:
(a) Signs shall be posted only during the period of time
the seasonal agricultural product is being sold;
(b) Signs shall not be placed adjacent to the interstate
highway system unless the sign qualifies as an on-premise
sign;
(c) Signs shall not be placed within an incorporated city
or town;
(d) Premises on which the seasonal agricultural products
are sold must be within fifteen miles of the state highway,
and necessary supplemental signing on local roads must be
provided before the installation of the signs on the state
highway;
(e) Signs must be located so as not to restrict sight
distances on approaches to intersections;
(f) The department shall establish a permit system and
fee schedule and rules for the manufacturing, installation,
and maintenance of these signs in accordance with the policy
of this chapter;
[Title 47 RCW—page 142]
(g) Signs in violation of these provisions shall be
removed in accordance with the procedures in RCW
47.42.080;
Only signs of types 1, 2, 3, 7, and 8 may be erected or
maintained within view of the scenic system. Signs of types
7 and 8 may also be erected or maintained within view of
the federal aid primary system. [2001 c 107 § 1; 1991 c 94
§ 2; 1990 c 258 § 2; 1985 c 376 § 3; 1979 c 69 § 1; 1975
1st ex.s. c 271 § 1; 1971 ex.s. c 62 § 4; 1961 c 96 § 4.]
Legislative findings and intent—1990 c 258: See note following
RCW 47.40.100.
Legislative intent—1985 c 376: See note following RCW 47.42.020.
47.42.045 Number of signs—Spacing—Tourist
facility, business or agricultural signs. (1) Not more than
one type 3 sign visible to traffic proceeding in any one
direction on an interstate system, primary system outside an
incorporated city or town or commercial or industrial area,
or scenic system highway may be permitted more than fifty
feet from the advertised activity;
(2) A type 3 sign, other than one along any portion of
the primary system within an incorporated city or town or
within any commercial or industrial area, permitted more
than fifty feet from the advertised activity pursuant to subsection (1) of this section shall not be erected or maintained
a greater distance from the advertised activity than one of
the following options selected by the owner of the business
being advertised:
(a) One hundred fifty feet measured along the edge of
the protected highway from the main entrance to the activity
advertised (when applicable);
(b) One hundred fifty feet from the main building of the
advertised activity; or
(c) Fifty feet from a regularly used parking lot maintained by and contiguous to the advertised activity.
(3) In addition to signs permitted by subsections (1) and
(2) of this section, the commission may adopt regulations
permitting one type 3 sign visible to traffic proceeding in
any one direction on an interstate, primary or scenic system
highway on premises which, on June 25, 1976, are used
wholly or in part as an operating business, farm, ranch or
orchard which sign bears only the name of the business,
farm, ranch or orchard and a directional arrow or short
directional message. Regulations adopted under this subsection shall prohibit the erection or maintenance of such type
3 signs on narrow strips of land a substantial distance from
but connected with a business, farm, ranch or orchard. Signs
permitted under this subsection shall not exceed fifty square
feet in area.
(4) The commission with advice from the parks and
recreation commission shall adopt specifications for a
uniform system of official tourist facility directional signs to
be used on the scenic system highways. Official directional
signs shall be posted by the commission to inform motorists
of types of tourist and recreational facilities available off the
scenic system which are accessible by way of public or
private roads intersecting scenic system highways. [1975’76 2nd ex.s. c 55 § 2; 1974 ex.s. c 154 § 1; 1974 ex.s. c
138 § 1; 1971 ex.s. c 62 § 5.]
(2002 Ed.)
Highway Advertising Control Act—Scenic Vistas Act
47.42.048 State and local prohibitions. Nothing in
this chapter shall be construed to permit a person to erect or
maintain a sign that is otherwise prohibited by statute or by
the resolution or ordinance of any county, city or town of the
state of Washington. [1974 ex.s. c 80 § 3.]
47.42.050 Information signs by governmental units.
Information signs may be erected and maintained by the
state, any county, city, or town. [1961 c 96 § 5.]
47.42.055 Roadside area information panels or
displays. The department is authorized to erect roadside
area information panels or displays adjacent to the state
highway system within this state. The department may
contract with private persons for the erection and operation
of the information panels or displays. Compensation to the
contractors shall be derived solely from the reasonable fees
that the contractors will be permitted to charge participating
businesses for making and exhibiting business signs and
displays and for rendering services to tourists. [1985 c 376
§ 5; 1984 c 7 § 225; 1977 ex.s. c 258 § 2.]
Legislative intent—1985 c 376: See note following RCW 47.42.020.
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.060 Rules for signs visible from interstate and
scenic systems—Judicial review. The department shall
adopt rules for the erection and maintenance of signs that are
visible from the main traveled way of the interstate system
and the scenic system and that are permitted by this chapter
and other rules for the administration of this chapter consistent with the policy of this chapter and the national policy
set forth in section 131, title 23, United States Code as
codified and enacted by Public Law 85-767 and amended
only by section 106, Public Law 86-342 and the regulations
promulgated thereunder by the secretary of commerce or the
secretary of transportation. Proceedings for review of any
action taken by the department pursuant to this chapter shall
be instituted by filing a petition only in the superior court of
Thurston county. [1984 c 7 § 226; 1971 ex.s. c 62 § 6;
1961 c 96 § 6.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.062 Signs visible from primary system in
commercial and industrial areas—Requirements, restrictions, and prohibitions. Signs within six hundred and sixty
feet of the nearest edge of the right of way which are visible
from the main traveled way of the primary system within
commercial and industrial areas and whose size, lighting, and
spacing are consistent with the customary use of property for
the effective display of outdoor advertising as set forth in
this section may be erected and maintained: PROVIDED,
That this section shall not serve to restrict type 3 signs
located along any portion of the primary system within an
incorporated city or town or within any commercial or
industrial area.
(1) General: Signs shall not be erected or maintained
which (a) imitate or resemble any official traffic sign, signal,
or device; (b) are erected or maintained upon trees or painted
or drawn upon rocks or other natural features and which are
structurally unsafe or in disrepair; or (c) have any visible
moving parts.
(2002 Ed.)
47.42.048
(2) Size of signs:
(a) The maximum area for any one sign shall be six
hundred seventy-two square feet with a maximum height of
twenty-five feet and maximum length of fifty feet inclusive
of any border and trim but excluding the base or apron, supports and other structural members: PROVIDED, That cutouts and extensions may add up to twenty percent of
additional sign area.
(b) For the purposes of this subsection, double-faced,
back-to-back, or V-type signs shall be considered as two
signs.
(c) Signs which exceed three hundred twenty-five square
feet in area may not be double-faced (abutting and facing the
same direction).
(3) Spacing of signs:
(a) Signs may not be located in such a manner as to
obscure, or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device, obstruct or
physically interfere with the driver’s view of approaching,
merging, or intersecting traffic.
(b) On limited access highways established pursuant to
chapter 47.52 RCW no two signs shall be spaced less than
one thousand feet apart, and no sign may be located within
three thousand feet of the center of an interchange, a safety
rest area, or information center, or within one thousand feet
of an intersection at grade. Double-faced signs shall be
prohibited. Not more than a total of five sign structures
shall be permitted on both sides of the highway per mile.
(c) On noncontrolled access highways inside the
boundaries of incorporated cities and towns not more than a
total of four sign structures on both sides of the highway
within a space of six hundred sixty feet shall be permitted
with a minimum of one hundred feet between sign structures. In no event, however, shall more than four sign
structures be permitted between platted intersecting streets or
highways. On noncontrolled access highways outside the
boundaries of incorporated cities and towns minimum
spacing between sign structures on each side of the highway
shall be five hundred feet.
(d) For the purposes of this subsection, a back-to-back
sign and a V-type sign shall be considered one sign structure.
(e) Official signs, and signs advertising activities
conducted on the property on which they are located shall
not be considered in determining compliance with the above
spacing requirements. The minimum space between structures shall be measured along the nearest edge of the
pavement between points directly opposite the signs along
each side of the highway and shall apply to signs located on
the same side of the highway.
(4) Lighting: Signs may be illuminated, subject to the
following restrictions:
(a) Signs which contain, include, or are illuminated by
any flashing, intermittent, or moving light or lights are
prohibited, except those giving public service information
such as time, date, temperature, weather, or similar information.
(b) Signs which are not effectively shielded as to
prevent beams or rays of light from being directed at any
portion of the traveled ways of the highway and which are
of such intensity or brilliance as to cause glare or to impair
the vision of the driver of any motor vehicle, or which
[Title 47 RCW—page 143]
47.42.062
Title 47 RCW: Public Highways and Transportation
otherwise interfere with any driver’s operation of a motor
vehicle are prohibited.
(c) No sign shall be so illuminated that it interferes with
the effectiveness of, or obscures an official traffic sign,
device, or signal.
(d) All such lighting shall be subject to any other
provisions relating to lighting of signs presently applicable
to all highways under the jurisdiction of the state. [1975 1st
ex.s. c 271 § 3; 1974 ex.s. c 154 § 2; 1974 ex.s. c 138 § 2;
1971 ex.s. c 62 § 7.]
47.42.063 Signs visible from primary system in
commercial and industrial areas—Preexisting signs—
Permissible signs—Spacing. (1) Signs within six hundred
and sixty feet of the nearest edge of the right of way
lawfully erected and maintained which are visible from the
main traveled way of the primary system within commercial
and industrial areas on June 1, 1971 shall be permitted to
remain and be maintained.
(2) Signs within six hundred and sixty feet of the
nearest edge of the right of way which are visible from the
main traveled way of the primary system within commercial
and industrial areas whose size, lighting, and spacing are
consistent with customary use as set forth in RCW 47.42.062
may be erected and maintained. Signs lawfully erected and
maintained on June 1, 1971 shall be included in the determination of spacing requirements for additional signs. [1975
1st ex.s. c 271 § 4; 1971 ex.s. c 62 § 8.]
47.42.065 Signs viewable from other highways or
streets—Requirements. Notwithstanding any other provision of chapter 47.42 RCW, signs may be erected and maintained more than six hundred and sixty feet from the nearest
edge of the right of way which are visible from the main
traveled way of the interstate system, primary system, or
scenic system when designed and oriented to be viewed from
highways or streets other than the interstate system, primary
system, or the scenic system and the advertising or informative contents of which may not be clearly comprehended by
motorists using the main traveled way of the interstate
system, primary system or scenic system. [1975 1st ex.s. c
271 § 5; 1971 ex.s. c 62 § 9.]
47.42.070 State and local prohibitions. Nothing in
this chapter shall be construed to permit a person to erect or
maintain any sign that is otherwise prohibited by statute or
by the resolution or ordinance of any county, city, or town
of the state of Washington. [1961 c 96 § 7.]
47.42.080 Public nuisance—Abatement—Penalty.
(1) Any sign erected or maintained contrary to the provisions
of this chapter or rules adopted hereunder that is designed to
be viewed from the interstate system, the primary system, or
the scenic system is a public nuisance, and the department,
the chief of the Washington state patrol, the county sheriff,
or the chief of police of any city or town shall notify the
permittee or, if there is no permittee, the owner of the
property on which the sign is located, by certified mail at his
last known address, that it constitutes a public nuisance and
must comply with the chapter or be removed.
[Title 47 RCW—page 144]
(2) If the permittee or owner, as the case may be, fails
to comply with the chapter or remove any such sign within
fifteen days after being notified to remove the sign he is
guilty of a misdemeanor. In addition to the penalties
imposed by law upon conviction, an order may be entered
compelling removal of the sign. Each day the sign is
maintained constitutes a separate offense.
(3) If the permittee or the owner of the property upon
which it is located, as the case may be, is not found or
refuses receipt of the notice, the department, the chief of the
Washington state patrol, the county sheriff, or the chief of
police of any city or town shall post the sign and property
upon which it is located with a notice that the sign constitutes a public nuisance and must be removed. If the sign is
not removed within fifteen days after such posting, the
department, the chief of the Washington state patrol, the
county sheriff, or the chief of police of any city or town
shall abate the nuisance and destroy the sign, and for that
purpose may enter upon private property without incurring
liability for doing so.
(4) Nothing in this section may be construed to affect
the provisions contained in RCW 47.42.102 requiring the
payment of compensation upon the removal of any signs
compensable under state law.
(5) Any sign erected or maintained on state highway
right of way contrary to this chapter or rules adopted under
it is a public nuisance, and the department is authorized to
remove any such sign without notice. [1985 c 376 § 6; 1984
c 7 § 227; 1975-’76 2nd ex.s. c 55 § 1; 1971 ex.s. c 62 §
10; 1961 c 96 § 8.]
Legislative intent—1985 c 376: See note following RCW 47.42.020.
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.090 Revocation of permit. If any person is
convicted of a violation of this chapter, or any rule adopted
hereunder, the department may revoke any permit issued to
that person under this chapter. [1984 c 7 § 228; 1961 c 96
§ 9.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.100 Preexisting signs—Moratorium. (1) No
sign lawfully erected in a protected area as defined by
section 2, chapter 96, Laws of 1961 (before the amendment
thereof), prior to March 11, 1961, within a commercial or
industrial zone within the boundaries of any city or town, as
such boundaries existed on September 21, 1959, wherein the
use of real property adjacent to the interstate system is
subject to municipal regulation or control but which does not
comply with the provisions of this chapter or any regulations
promulgated hereunder, shall be maintained by any person
after March 11, 1965.
(2) No sign lawfully erected in a protected area as
defined by section 2, chapter 96, Laws of 1961 (before the
amendment thereof), prior to March 11, 1961, other than
within a commercial or industrial zone within the boundaries
of a city or town as such boundaries existed on September
21, 1959, wherein the use of real property adjacent to the
interstate system is subject to municipal regulation or control
but which does not comply with the provisions of this
chapter or any regulations promulgated hereunder, shall be
(2002 Ed.)
Highway Advertising Control Act—Scenic Vistas Act
maintained by any person after three years from March 11,
1961.
(3) No sign lawfully erected in a scenic area as defined
by section 2, chapter 96, Laws of 1961 (before the amendment thereof), prior to the effective date of the designation
of such area as a scenic area shall be maintained by any
person after three years from the effective date of the
designation of any such area as a scenic area.
(4) No sign visible from the main traveled way of the
interstate system, the primary system (other than type 3 signs
along any portion of the primary system within an incorporated city or town or within a commercial or industrial area),
or the scenic system which was there lawfully maintained
immediately prior to May 10, 1971, but which does not
comply with the provisions of chapter 47.42 RCW as now
or hereafter amended, shall be maintained by any person (a)
after three years from May 10, 1971, or (b) with respect to
any highway hereafter designated by the legislature as a part
of the scenic system, after three years from the effective date
of the designation. Signs located in areas zoned by the
governing county for predominantly commercial or industrial
uses, that do not have development visible to the highway,
as determined by the department, and that were lawfully
installed after May 10, 1971, visible to any highway now or
hereafter designated by the legislature as part of the scenic
system, shall be allowed to be maintained. [1993 c 430 §
11; 1974 ex.s. c 154 § 3; 1974 ex.s. c 138 § 3; 1971 ex.s. c
62 § 11; 1963 ex.s. c 3 § 55; 1961 c 96 § 10.]
47.42.102 Compensation for removal of signs—
Authorized—Applicability. (1) Except as otherwise
provided in subsection (3) of this section, just compensation
shall be paid upon the removal of any sign (pursuant to the
provisions of chapter 47.42 RCW), lawfully erected under
state law, which is visible from the main traveled way of the
interstate system or the primary system.
(2) Such compensation shall be paid for the following:
(a) The taking from the owner of such sign, display, or
device of all right, title, leasehold, and interest in such sign,
display, or device; and
(b) The taking from the owner of the real property on
which the sign, display, or device is located, of the right to
erect and maintain such signs, displays, and devices thereon.
(3) In no event, however, shall compensation be paid for
the taking or removal of signs adjacent to the interstate
system and the scenic system which became subject to
removal pursuant to chapter 96, Laws of 1961 as amended
by section 55, chapter 3, Laws of 1963 ex. sess. prior to
May 10, 1971. [1975 1st ex.s. c 271 § 2; 1971 ex.s. c 62 §
12.]
47.42.103 Compensation for removal—Action
determining amount—Payment—State’s share. (1)
Compensation as required by RCW 47.42.102 shall be paid
to the person or persons entitled thereto for the removal of
such signs. If no agreement is reached on the amount of
compensation to be paid, the department may institute an
action by summons and complaint in the superior court for
the county in which the sign is located to obtain a determination of the compensation to be paid. If the owner of the
sign is unknown and cannot be ascertained after diligent
(2002 Ed.)
47.42.100
efforts to do so, the department may remove the sign upon
the payment of compensation only to the owner of the real
property on which the sign is located. Thereafter the owner
of the sign may file an action at any time within one year
after the removal of the sign to obtain a determination of the
amount of compensation he should receive for the loss of the
sign. If either the owner of the sign or the owner of the real
property on which the sign is located cannot be found within
the state, service of the summons and complaint on such person for the purpose of obtaining a determination of the
amount of compensation to be paid may be by publication in
the manner provided by RCW 4.28.100.
(2) If compensation is determined by judicial proceedings, the sum so determined shall be paid into the registry of
the court to be disbursed upon removal of the sign by its
owner or by the owner of the real property on which the
sign is located. If the amount of compensation is agreed
upon, the department may pay the agreed sum into escrow
to be released upon the removal of the sign by its owner or
the owner of the real property on which the sign is located.
(3) The state’s share of compensation shall be paid from
the motor vehicle fund, or if a court having jurisdiction
enters a final judgment declaring that motor vehicle funds
may not be used, then from the general fund. [1984 c 7 §
229; 1971 ex.s. c 62 § 13.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.104 Compensation for removal—Federal
share—Acceptance. The department may accept any allotment of funds by the United States, or any agency thereof,
appropriated to carry out the purposes of section 131 of title
23, United States Code, as now or hereafter amended. The
department shall take such steps as may be necessary from
time to time to obtain from the United States, or the appropriate agency thereof, funds allotted and appropriated,
pursuant to section 131, for the purpose of paying the federal
share of the just compensation to be paid to sign owners and
owners of real property under the terms of subsection (g) of
section 131 and RCW 47.42.102, 47.42.103, and 47.42.104.
[1984 c 7 § 230; 1971 ex.s. c 62 § 14.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.105 Unavailability of federal share. No sign,
display, or device shall be required to be removed if the
federal share of the just compensation to be paid upon the
removal of such sign, display, or device is not available to
make such payment. [1971 ex.s. c 62 § 15.]
47.42.107 Compensation for removal under local
authority. (1) Just compensation shall be paid upon the
removal of any existing sign pursuant to the provisions of
any resolution or ordinance of any county, city, or town of
the state of Washington by such county, city, or town if:
(a) Such sign was lawfully in existence on May 10,
1971 (the effective date of the Scenic Vistas Act of 1971);
or
(b) Such sign was erected subsequent to May 10, 1971
(the effective date of the Scenic Vistas Act of 1971), in
compliance with existing state and local law.
(2) Such compensation shall be paid in the same manner
as specified in RCW 47.42.102(2) for the following:
[Title 47 RCW—page 145]
47.42.107
Title 47 RCW: Public Highways and Transportation
(a) The taking from the owner of such sign, display, or
device of all right, title, leasehold, and interest in such sign,
display, or device; and
(b) The taking from the owner of the real property on
which the sign, display, or device is located, of the right to
erect and maintain such signs, displays, and devices thereon.
[1977 ex.s. c 141 § 1.]
Severability—1977 ex.s. c 141: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 141 § 2.]
47.42.110 Agreements for federal aid. The department is authorized to enter into agreements (and such
supplementary agreements as may be necessary) consistent
with this chapter, with the secretary of commerce or the
secretary of transportation authorized under section 131(b) of
title 23, United States Code, as codified and enacted by
Public Law 85-767 and amended only by section 106, Public
Law 86-342, in order that the state may become eligible for
increased federal aid as provided for in section 131 of title
23, United States Code, as codified and enacted by Public
Law 85-767 and amended only by section 106, Public Law
86-342. [1984 c 7 § 231; 1971 ex.s. c 62 § 16; 1961 c 96
§ 11.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.120 Permits—Fees—Renewal—Permissible
acts—Revocation. Notwithstanding any other provisions of
this chapter, no sign except a sign of type 1 or 2 or those
type 3 signs that advertise activities conducted upon the
properties where the signs are located, may be erected or
maintained without a permit issued by the department.
Application for a permit shall be made to the department on
forms furnished by it. The forms shall contain a statement
that the owner or lessee of the land in question has consented thereto. The application shall be accompanied by a fee
established by department rule to be deposited with the state
treasurer to the credit of the motor vehicle fund. Permits
shall be for the remainder of the calendar year in which they
are issued, and accompanying fees shall not be prorated for
fractions of the year. Permits must be renewed annually
through a certification process established by department
rule. Advertising copy may be changed at any time without
the payment of an additional fee. Assignment of permits in
good standing is effective only upon receipt of written notice
of assignment by the department. A permit may be revoked
after hearing if the department finds that any statement made
in the application or annual certification process was false or
misleading, or that the sign covered is not in good general
condition and in a reasonable state of repair, or is otherwise
in violation of this chapter, if the false or misleading
information has not been corrected and the sign has not been
brought into compliance with this chapter or rules adopted
under it within thirty days after written notification. [1999
c 276 § 1; 1984 c 7 § 232; 1971 ex.s. c 62 § 17; 1961 c 96
§ 12.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.130 Permit identification number. Every
permit issued by the department shall be assigned a separate
[Title 47 RCW—page 146]
identification number, and each permittee shall fasten to each
sign a weatherproof label, not larger than sixteen square
inches, that shall be furnished by the department and on
which shall be plainly visible the permit number. The
permittee shall also place his or her name in a conspicuous
position on the front or back of each sign. The failure of a
sign to have such a label affixed to it is prima facie evidence
that it is not in compliance with the provisions of this
chapter. [1999 c 276 § 2; 1984 c 7 § 233; 1961 c 96 § 13.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.42.140 Scenic areas designated. The following
portions of state highways are designated as a part of the
scenic system:
(1) State route number 2 beginning at the crossing of
Woods creek at the east city limits of Monroe, thence in an
easterly direction by way of Stevens pass to a junction with
state route number 97 in the vicinity of Peshastin.
(2) State route number 7 beginning at a junction with
state route number 706 at Elbe, thence in a northerly
direction to a junction with state route number 507 south of
Spanaway.
(3) State route number 11 beginning at the Blanchard
overcrossing, thence in a northerly direction to the limits of
Larabee state park (north line of section 36, township 37
north, range 2 east).
(4) State route number 12 beginning at Kosmos southeast of Morton, thence in an easterly direction across White
pass to the Oak Flat junction with state route number 410
northwest of Yakima.
(5) State route number 90 beginning at the westerly
junction with West Lake Sammamish parkway in the vicinity
of Issaquah, thence in an easterly direction by way of North
Bend and Snoqualmie pass to a junction with state route
number 970 at Cle Elum.
(6) State route number 97 beginning at a junction with
state route number 970 at Virden, thence via Blewett pass to
a junction with state route number 2 in the vicinity of
Peshastin.
(7) State route number 106 beginning at the junction
with state route number 101 in the vicinity of Union, thence
northeasterly to the junction with state route number 3 in the
vicinity of Belfair.
(8) State route number 123 beginning at a junction with
state route number 12 at Ohanapecosh junction in the
vicinity west of White pass, thence in a northerly direction
to a junction with state route number 410 at Cayuse junction
in the vicinity west of Chinook pass.
(9) State route number 165 beginning at the northwest
entrance to Mount Rainier national park, thence in a northerly direction to a junction with state route number 162 east of
the town of South Prairie.
(10) State route number 206, Mt. Spokane Park Drive,
beginning at the junction with state route number 2 near the
north line section 3, township 26 N, range 43 E, thence
northeasterly to a point in section 28, township 28 N, range
45 E at the entrance to Mt. Spokane state park.
(11) State route number 305, beginning at the ferry slip
at Winslow on Bainbridge Island, thence northwesterly by
way of Agate Pass bridge to a junction with state route
number 3 approximately four miles northwest of Poulsbo.
(2002 Ed.)
Highway Advertising Control Act—Scenic Vistas Act
47.42.140
(12) State route number 410 beginning at the crossing
of Scatter creek approximately six miles east of Enumclaw,
thence in an easterly direction by way of Chinook pass to a
junction of state route number 12 and state route number
410.
(13) State route number 706 beginning at a junction
with state route number 7 at Elbe thence in an easterly
direction to the southwest entrance to Mount Rainier national
park.
(14) State route number 970 beginning at a junction
with state route number 90 in the vicinity of Cle Elum
thence via Teanaway to a junction with state route number
97 in the vicinity of Virden. [1993 c 430 § 12; 1992 c 26
§ 3; 1975 c 63 § 9; 1974 ex.s. c 138 § 4. Prior: 1971 ex.s.
c 73 § 28; 1971 ex.s. c 62 § 18; 1961 c 96 § 14. Cf. 1974
ex.s. c 154 § 4.]
necessary condition to the receipt of federal funds by the
state. [1985 c 142 § 4.]
47.42.900 Severability—1961 c 96. If any provision
of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances is not affected. [1961 c 96 § 16.]
47.44.010 Wire and pipe line and tram and railway
franchises—Application—Rules on hearing and notice.
(1) The department of transportation may grant franchises to
persons, associations, private or municipal corporations, the
United States government, or any agency thereof, to use any
state highway for the construction and maintenance of water
pipes, flume, gas, oil or coal pipes, telephone, telegraph and
electric light and power lines and conduits, trams or railways, and any structures or facilities that are part of an
urban public transportation system owned or operated by a
municipal corporation, agency, or department of the state of
Washington other than the department of transportation, and
any other such facilities. In order to minimize the disruption
to traffic and damage to the roadway, the department is
encouraged to develop a joint trenching policy with other
affected jurisdictions so that all permittees and franchisees
requiring access to ground under the roadway may do so at
one time.
(2) All applications for the franchise must be made in
writing and subscribed by the applicant, and describe the
state highway or portion thereof over which franchise is
desired and the nature of the franchise. The application
must also include the identification of all jurisdictions
affected by the franchise and the names of other possible
franchisees who should receive notice of the application for
a franchise.
(3) The department of transportation shall adopt rules
providing for a hearing or an opportunity for a hearing with
reasonable public notice thereof with respect to any franchise
application involving the construction and maintenance of
utilities or other facilities within the highway right of way
which the department determines may (a) during construction, significantly disrupt the flow of traffic or use of
driveways or other facilities within the right of way, or (b)
during or following construction, cause a significant and
adverse effect upon the surrounding environment. [2001 c
201 § 5; 1980 c 28 § 1; 1975 1st ex.s. c 46 § 1; 1967 c 108
§ 7; 1963 c 70 § 1; 1961 ex.s. c 21 § 26; 1961 c 13 §
47.44.010. Prior: 1943 c 265 § 2; 1937 c 53 § 83; Rem.
Supp. 1943 § 6400-83.]
47.42.901 Severability—1963 ex.s. c 3. If any
provision of *section 55 of this amendatory act shall be held
to be invalid or shall be held to invalidate any provision of
chapter 96, Laws of 1961 (chapter 47.42 RCW), then that
provision of this amendatory act shall be of no force and
effect and the provisions of chapter 96, Laws of 1961
(chapter 47.42 RCW) shall continue in effect. [1963 ex.s. c
3 § 56.]
*Reviser’s note: The reference to "section 55 of this amendatory act"
is to the 1963 amendment of RCW 47.42.100.
47.42.902 Severability—1971 ex.s. c 62. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 62 § 20.]
47.42.910 Short title—1961 c 96. This chapter shall
be known and may be cited as the highway advertising
control act of 1961. [1961 c 96 § 17.]
47.42.911 Short title—1971 ex.s. c 62. This chapter
may be cited as the "Scenic Vistas Act." [1999 c 276 § 3;
1971 ex.s. c 62 § 19.]
47.42.920 Federal requirements—Conflict and
accord. If the secretary of the United States department of
transportation finds any part of this chapter to be in conflict
with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting
part of this chapter is hereby declared to be inoperative
solely to the extent of the conflict and with respect to the
agencies directly affected, and such finding or determination
shall not affect the operation of the remainder of this chapter
in its application to the agencies concerned. The rules under
this chapter shall meet federal requirements that are a
(2002 Ed.)
Chapter 47.44
FRANCHISES ON STATE HIGHWAYS
Sections
47.44.010
47.44.020
47.44.030
47.44.031
47.44.040
47.44.050
47.44.060
47.44.070
47.44.150
Wire and pipe line and tram and railway franchises—
Application—Rules on hearing and notice.
Grant of franchise—Conditions—Hearing.
Removal of facilities—Notice—Reimbursement, when.
Removal of facilities—Limitation.
Franchises across joint bridges.
Permit for short distances.
Penalties.
Franchises to use toll facility property.
Measure of damages.
Urban public transportation system defined: RCW 47.04.082.
47.44.020 Grant of franchise—Conditions—
Hearing. (1) If the department of transportation deems it to
[Title 47 RCW—page 147]
47.44.020
Title 47 RCW: Public Highways and Transportation
be for the public interest, the franchise may be granted in
whole or in part, with or without hearing under such regulations and conditions as the department may prescribe, with
or without compensation, but not in excess of the reasonable
cost for investigating, handling, and granting the franchise.
The department may require that the utility and appurtenances be so placed on the highway that they will, in its
opinion, least interfere with other uses of the highway.
(2) If a hearing is held, it must be conducted by the
department, and may be adjourned from time to time until
completed. The applicant may be required to produce all
facts pertaining to the franchise, and evidence may be taken
for and against granting it.
(3) The facility must be made subject to removal when
necessary for the construction, alteration, repair, or improvement of the highway and at the expense of the franchise
holder, except that the state shall pay the cost of the removal
whenever the state is entitled to receive proportionate
reimbursement therefor from the United States in the cases
and in the manner set forth in RCW 47.44.030. Renewal
upon expiration of a franchise must be by application.
(4) A person constructing or operating such a utility on
a state highway is liable to any person injured thereby for
any damages incident to the work of installation or the
continuation of the occupancy of the highway by the utility,
and except as provided above, is liable to the state for all
necessary expenses incurred in restoring the highway to a
permanent suitable condition for travel. A person constructing or operating such a utility on a state highway is also
liable to the state for all necessary expenses incurred in
inspecting the construction and restoring the pavement or
other related transportation equipment or facilities to a
permanent condition suitable for travel and operation in
accordance with requirements set by the department. Permit
and franchise holders are also financially responsible to the
department for trenching work not completed within the
contractual period and for compensating for the loss of
useful pavement life caused by trenching. No franchise may
be granted for a longer period than fifty years, and no
exclusive franchise or privilege may be granted.
(5) The holder of a franchise granted under this section
is financially responsible to the department for trenching
work not completed within the period of the permit and for
compensating for the loss of useful pavement life caused by
trenching. In the case of common trenching operations,
liability under this subsection will be assessed equally
between the franchisees. The assessed parties may thereafter
pursue claims of contribution or indemnity in accord with
such fault as may be determined by arbitration or other legal
action. [2001 c 201 § 6; 1980 c 28 § 2; 1975 1st ex.s. c 46
§ 2; 1961 c 13 § 47.44.020. Prior: 1959 c 330 § 1; 1937 c
53 § 84; RRS § 6400-84.]
47.44.030 Removal of facilities—Notice—
Reimbursement, when. If the department deems it necessary that a facility be removed from the highway for the
safety of persons traveling thereon or for construction,
alteration, improvement, or maintenance purposes, it shall
give notice to the franchise holder to remove the facility at
his or her expense and as the department orders. However,
notwithstanding any contrary provision of law or of any
[Title 47 RCW—page 148]
existing or future franchise held by a public utility, the
department shall pay or reimburse the owner for relocation
or removal of any publicly, privately, or cooperatively
owned public utility facilities when necessitated by the
construction, reconstruction, relocation, or improvement of
a highway that is part of the national system of interstate and
defense highways for each item of cost for which the state
is entitled to be reimbursed by the United States in an
amount equal to at least ninety percent thereof under the
provisions of section 123 of the federal aid highway act of
1958 and any other subsequent act of congress under which
the state is entitled to be reimbursed by the United States in
an amount equal to at least ninety percent of the cost of
relocation of utility facilities on the national system of
interstate and defense highways. [1984 c 7 § 234; 1961 c 13
§ 47.44.030. Prior: 1959 c 330 § 2; 1937 c 53 § 85; RRS
§ 6400-85.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.44.031 Removal of facilities—Limitation. The
provisions of RCW 47.44.030 authorizing the department to
pay or reimburse the owner of a utility apply only to
relocation or removal of utility facilities required by state
construction contracts which are advertised for bids by the
department after June 30, 1959. [1984 c 7 § 235; 1961 c 13
§ 47.44.031. Prior: 1959 c 330 § 3.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.44.040 Franchises across joint bridges. Whenever any bridge exists on the route of any state highway and
crosses any stream, body of water, gulch, navigable water,
swamp, or other topographical formation constituting the
boundary of this state or the boundary of a county, city, or
town of this state and the bridge is owned or operated by
this state jointly with any such county, city, or town, or with
any municipal corporation of this state, or with such other
state or with any county, city, or town of such other state,
the department is empowered to join with the proper officials
of the county, city, or town, or the municipal corporation of
this state or of such other state or of such county, city, or
town of such other state in granting franchises to persons or
private or municipal corporations for the construction and
maintenance on the bridge of water pipes, flumes, gas pipes,
telephone, telegraph, and electric light and power lines and
conduits, trams and railways, and any structures or facilities
that are part of an urban public transportation system owned
or operated by a municipal corporation, agency, or department of the state of Washington other than the department,
or any other such facilities. All such franchises shall be
granted in the same manner as provided for the granting of
like franchises on state highways. Any revenue accruing to
the state of Washington from the franchises shall be paid to
the state treasurer and deposited to the credit of the fund
from which this state’s share of the cost of joint operation of
the bridge is paid. [1984 c 7 § 236; 1967 c 108 § 8; 1961
c 13 § 47.44.040. Prior: 1937 c 53 § 86; RRS § 6400-86.]
Severability—1984 c 7: See note following RCW 47.01.141.
Urban public transportation system defined: RCW 47.04.082.
47.44.050 Permit for short distances. (1) The
department may grant a permit to construct or maintain on,
(2002 Ed.)
Franchises on State Highways
over, across, or along any state highway any water, gas,
telephone, telegraph, light, power, or other such facilities
when they do not extend along the state highway for a
distance greater than three hundred feet. The department
may require such information as it deems necessary in the
application for any such permit, and may grant or withhold
the permit within its discretion. Any permit granted may be
canceled at any time, and any facilities remaining upon the
right of way of the state highway after thirty days written
notice of the cancellation are an unlawful obstruction and
may be removed in the manner provided by law.
(2) The holder of a permit granted under this section is
financially responsible to the department for trenching work
not completed within the period of the permit and for
compensating for the loss of useful pavement life caused by
trenching. In the case of common trenching operations,
liability under this subsection will be assessed equally
between the permit holders. The assessed parties may
thereafter pursue claims of contribution or indemnity in
accord with such fault as may be determined by arbitration
or other legal action. [2001 c 201 § 7; 1984 c 7 § 237; 1961
c 13 § 47.44.050. Prior: 1943 c 265 § 3; 1937 c 53 § 87;
Rem. Supp. 1943 § 6400-87.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.44.060 Penalties. (1) Any person, firm, or corporation who constructs or maintains on, over, across, or along
any state highway any water pipe, flume, gas pipe, telegraph,
telephone, electric light, or power lines, or tram or railway,
or any other such facilities, without having first obtained and
having at all times in full force and effect a franchise or
permit to do so in the manner provided by law is guilty of
a misdemeanor. Each day of violation is a separate and
distinct offense.
(2) Any person, firm, or corporation who constructs or
maintains on, over, across, or along any state highway any
water pipe, flume, gas pipe, telegraph, telephone, electric
light or power lines, or tram or railway, or any other such
facilities, without having first obtained and having at all
times in full force and effect a franchise or permit to do so
in the manner provided by law is liable for a civil penalty of
one hundred dollars per calendar day beginning forty-five
days from the date notice is given and until application is
made for a franchise or permit or until the facility is removed as required by notice. The state shall give notice by
certified mail that a franchise or permit is required or the
facility must be removed and shall include in the notice
sufficient information to identify the portion of right of way
in question. Notice is effective upon delivery.
(3) If a person, firm or corporation does not apply for
a permit or franchise within forty-five days of notice given
in accordance with subsection (2) of this section or the state
determines that the facility constructed or maintained without
a permit or franchise would not be granted a permit or franchise, the state may order the facility to be removed within
such time period as the state may specify. If the facility is
not removed, the state, in addition to any other remedy, may
remove the facility at the expense of the owner. [1989 c
224 § 1; 1961 c 13 § 47.44.060. Prior: 1943 c 265 § 1;
1937 c 53 § 82; Rem. Supp. 1943 § 6400-82.]
(2002 Ed.)
47.44.050
47.44.070 Franchises to use toll facility property.
See RCW 47.56.256.
47.44.150 Measure of damages. In any action for
damages against the state of Washington, its agents, contractors, or employees by reason of damages to a utility or other
facility located on a state highway, the damages are limited
to the cost of repair of the utility or facility and are recoverable only in those instances where the utility or facility is
authorized to be located on the state highway. However, the
state is subject to the penalties provided in RCW 19.122.070
(1) and (2) only if the state has failed to give a notice
meeting the requirements of RCW 19.122.030 to utilities or
facilities that are authorized to be located on the state
highway. [1989 c 196 § 1.]
Chapter 47.46
PUBLIC-PRIVATE
TRANSPORTATION INITIATIVES
Sections
47.46.010
47.46.011
47.46.020
47.46.030
47.46.040
47.46.050
47.46.060
47.46.070
47.46.080
47.46.090
47.46.100
47.46.110
47.46.120
47.46.130
47.46.140
47.46.150
47.46.160
47.46.170
47.46.180
47.46.900
Finding.
Finding—Intent—2002 c 114.
Definition.
Demonstration projects—Selection—Public involvement.
Demonstration projects—Terms of agreements—Public participation.
Financial arrangements.
Deferral of taxes—Application—Repayment.
Use of state bonds on certain projects.
State toll facilities authorized for projects.
Citizen advisory committee—Tolls.
Tolls—Setting—Lien on.
Tolls—Term, use.
Toll increases in excess of fiscal growth factor.
Use of state bond proceeds.
Repayment of motor vehicle fund from toll charges.
Alteration not a new proposal.
Applicable rules and statutes.
Application of RCW 47.46.040 and 47.46.050.
Legislative oversight committee.
Effective date—1993 c 370.
47.46.010 Finding. The legislature finds and declares:
It is essential for the economic, social, and environmental well-being of the state and the maintenance of a high
quality of life that the people of the state have an efficient
transportation system.
The ability of the state to provide an efficient transportation system will be enhanced by a public-private sector
program providing for private entities to undertake all or a
portion of the study, planning, design, development, financing, acquisition, installation, construction or improvement,
operation, and maintenance of transportation systems and
facility projects.
A public-private initiatives program will provide benefits
to both the public and private sectors. Public-private
initiatives provide a sound economic investment opportunity
for the private sector. Such initiatives will provide the state
with increased access to property development and project
opportunities, financial and development expertise, and will
supplement state transportation revenues, allowing the state
to use its limited resources for other needed projects.
[Title 47 RCW—page 149]
47.46.010
Title 47 RCW: Public Highways and Transportation
The public-private initiatives program, to the fullest
extent possible, should encourage and promote business and
employment opportunities for Washington state citizens.
The public-private initiatives program shall be implemented in cooperation, consultation, and with the support of
the affected communities and local jurisdictions.
The secretary of transportation should be permitted and
encouraged to test the feasibility of building privately funded
transportation systems and facilities or segments thereof
through the use of innovative agreements with the private
sector. The secretary of transportation should be vested with
the authority to solicit, evaluate, negotiate, and administer
public-private agreements with the private sector relating to
the planning, construction, upgrading, or reconstruction of
transportation systems and facilities.
Agreements negotiated under a public-private initiatives
program will not bestow on private entities an immediate
right to construct and operate the proposed transportation
facilities. Rather, agreements will grant to private entities
the opportunity to design the proposed facilities, demonstrate
public support for proposed facilities, and complete the
planning processes required in order to obtain a future
decision by the department of transportation and other state
and local lead agencies on whether the facilities should be
permitted and built.
Agreements negotiated under the public-private initiatives program should establish the conditions under which
the private developer may secure the approval necessary to
develop and operate the proposed transportation facilities;
create a framework to attract the private capital necessary to
finance their development; ensure that the transportation
facilities will be designed, constructed, and operated in
accordance with applicable local, regional, state, and federal
laws and the applicable standards and policies of the department of transportation; and require a demonstration that
the proposed transportation facility has the support of the
affected communities and local jurisdictions.
The legislature finds that the Puget Sound congestion
pricing project, selected under this chapter, raises major
transportation policy, economic, and equity concerns. These
relate to the integrity of the state’s high-occupancy vehicle
program; the cost-effective movement of freight and goods;
the diversion of traffic to local streets and arterials; and
possible financial hardship to commuters. The legislature
further finds that these potential economic and social impacts
require comprehensive legislative review prior to advancement of the project and directs that the secretary not proceed
with the implementation of the project without prior approval
of the legislature.
The department of transportation should be encouraged
to take advantage of new opportunities provided by federal
legislation under section 1012 of the Intermodal Surface
Transportation Efficiency Act of 1991 (ISTEA). That
section establishes a new program authorizing federal participation in construction or improvement or improvement of
publicly or privately owned toll roads, bridges, and tunnels,
and allows states to leverage available federal funds as a
means for attracting private sector capital. [1995 2nd sp.s.
c 19 § 1; 1993 c 370 § 1.]
Effective date—1995 2nd sp.s. c 19: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
[Title 47 RCW—page 150]
the state government and its existing public institutions, and shall take effect
immediately [June 16, 1995]." [1995 2nd sp.s. c 19 § 5.]
47.46.011 Finding—Intent—2002 c 114. The
legislature finds that greater flexibility to provide state
financing for projects developed under chapter 47.46 RCW
will result in better use of public resources, lower financing
costs, and potential savings to taxpayers. The legislature
intends to: Clarify the ability of the department of transportation to use public and private financing for projects
selected and developed under chapter 47.46 RCW; provide
the department with specific means of state financing where
that financing is in the public’s best interest; provide citizens
living in the impacted areas a statutory mechanism to review
proposed toll rates and provide input before adoption of toll
schedules by the toll authority; and prevent unreasonable
delay of critical transportation projects that are essential for
public safety and welfare. [2002 c 114 § 1.]
Captions not law—2002 c 114: "Captions used in this act do not
constitute any part of the law." [2002 c 114 § 26.]
47.46.020 Definition. As used in this chapter,
"transportation systems and facilities" means capital-related
improvements and additions to the state’s transportation
infrastructure, including but not limited to highways, roads,
bridges, vehicles, and equipment, marine-related facilities,
vehicles, and equipment, park and ride lots, transit stations
and equipment, transportation management systems, and
other transportation-related investments. [1993 c 370 § 2.]
47.46.030 Demonstration projects—Selection—
Public involvement. (1) The secretary or a designee shall
solicit proposals from, and negotiate and enter into agreements with, private entities to undertake as appropriate, together with the department and other public entities, all or a
portion of the study, planning, design, construction, operation, and maintenance of transportation systems and facilities, using in whole or in part public or private sources of
financing.
The public-private initiatives program may develop up
to six demonstration projects. Each proposal shall be
weighed on its own merits, and each of the six agreements
shall be negotiated individually, and as a stand-alone project.
(2) If project proposals selected prior to September 1,
1994, are terminated by the public or private sectors, the
department shall not select any new projects, including
project proposals submitted to the department prior to
September 1, 1994, and designated by the transportation
commission as placeholder projects, after June 16, 1995,
until June 30, 1997.
The department, in consultation with the legislative
transportation committee, shall conduct a program and fiscal
audit of the public-private initiatives program for the
biennium ending June 30, 1997. The department shall
submit a progress report to the legislative transportation
committee on the program and fiscal audit by June 30, 1996,
with preliminary and final audit reports due December 1,
1996, and June 30, 1997, respectively.
The department shall develop and submit a proposed
public involvement plan to the 1997 legislature to identify
the process for selecting new potential projects and the
(2002 Ed.)
Public-Private Transportation Initiatives
associated costs of implementing the plan. The legislature
must adopt the public involvement plan before the department may proceed with any activity related to project
identification and selection. Following legislative adoption
of the public involvement plan, the department is authorized
to implement the plan and to identify potential new projects.
The public involvement plan for projects selected after
June 30, 1997, shall, at a minimum, identify projects that:
(a) Have the potential of achieving overall public support
among users of the projects, residents of communities in the
vicinity of the projects, and residents of communities impacted by the projects; (b) meet a state transportation need;
(c) provide a significant state benefit; and (d) provide
competition among proposers and maximum cost benefits to
users. Prospective projects may include projects identified
by the department or submitted by the private sector.
Projects that meet the minimum criteria established
under this section and the requirements of the public
involvement plan developed by the department and approved
by the legislature shall be submitted to the Washington state
transportation commission for its review. The commission,
in turn, shall submit a list of eligible projects to the legislative transportation committee for its consideration. Fortyfive days after the submission to the legislative transportation
committee of the list of eligible projects, the secretary is
authorized to solicit proposals for the eligible project.
(3) Prior to entering into agreements with private
entities under the requirements of RCW 47.46.040 for any
project proposal selected before September 1, 1994, or after
June 30, 1997, except as provided for in subsections (12)
and (13) of this section, the department shall require an
advisory vote as provided under subsections (5) through (10)
of this section.
(4) The advisory vote shall apply to project proposals
selected prior to September 1, 1994, or after June 30, 1997,
that receive public opposition as demonstrated by the
submission to the department of original petitions bearing at
least five thousand signatures of individuals opposing the
project collected and submitted in accordance with the dates
established in subsections (12) and (13) of this section. The
advisory vote shall be on the preferred alternative identified
under the requirements of chapter 43.21C RCW and, if applicable, the national environmental policy act, 42 U.S.C.
4321 et seq. The execution by the department of the
advisory vote process established in this section is subject to
the prior appropriation of funds by the legislature for the
purpose of conducting environmental impact studies, a public
involvement program, local involvement committee activities, traffic and economic impact analyses, engineering and
technical studies, and the advisory vote.
(5) In preparing for the advisory vote, the department
shall conduct a comprehensive analysis of traffic patterns
and economic impact to define the geographical boundary of
the project area that is affected by the imposition of tolls or
user fees authorized under this chapter. The area so defined
is referred to in this section as the affected project area. In
defining the affected project area, the department shall, at a
minimum, undertake: (a) A comparison of the estimated
percentage of residents of communities in the vicinity of the
project and in other communities impacted by the project
who could be subject to tolls or user fees and the estimated
percentage of other users and transient traffic that could be
(2002 Ed.)
47.46.030
subject to tolls or user fees; (b) an analysis of the anticipated
traffic diversion patterns; (c) an analysis of the potential
economic impact resulting from proposed toll rates or user
fee rates imposed on residents, commercial traffic, and
commercial entities in communities in the vicinity of and
impacted by the project; (d) an analysis of the economic
impact of tolls or user fees on the price of goods and
services generally; and (e) an analysis of the relationship of
the project to state transportation needs and benefits.
(6)(a) After determining the definition of the affected
project area, the department shall establish a committee
comprised of individuals who represent cities and counties
in the affected project area; organizations formed to support
or oppose the project; and users of the project. The committee shall be named the public-private local involvement
committee, and be known as the local involvement committee.
(b) The members of the local involvement committee
shall be: (i) An elected official from each city within the
affected project area; (ii) an elected official from each
county within the affected project area; (iii) two persons
from each county within the affected project area who
represent an organization formed in support of the project,
if the organization exists; (iv) two persons from each county
within the affected project area who represent an organization formed to oppose the project, if the organization exists;
and (v) four public members active in a statewide transportation organization. If the committee makeup results in an
even number of committee members, there shall be an
additional appointment of an elected official from the county
in which all, or the greatest portion of the project is located.
(c) City and county elected officials shall be appointed
by a majority of the members of the city or county legislative authorities of each city or county within the affected
project area, respectively. The county legislative authority
of each county within the affected project area shall identify
and validate organizations officially formed in support of or
in opposition to the project and shall make the appointments
required under this section from a list submitted by the chair
of the organizations. Public members shall be appointed by
the governor. All appointments to the local involvement
committee shall be made and submitted to the department of
transportation no later than January 1, 1996, for projects
selected prior to September 1, 1994, and no later than thirty
days after the affected project area is defined for projects
selected after June 30, 1997. Vacancies in the membership
of the local involvement committee shall be filled by the appointing authority under (b)(i) through (v) of this subsection
for each position on the committee.
(d) The local involvement committee shall serve in an
advisory capacity to the department on all matters related to
the execution of the advisory vote.
(e) Members of the local involvement committee serve
without compensation and may not receive subsistence,
lodging expenses, or travel expenses.
(7) The department shall conduct a minimum thirty-day
public comment period on the definition of the geographical
boundary of the project area. The department, in consultation with the local involvement committee, shall make
adjustments, if required, to the definition of the geographical
boundary of the affected project area, based on comments
received from the public. Within fourteen calendar days
[Title 47 RCW—page 151]
47.46.030
Title 47 RCW: Public Highways and Transportation
after the public comment period, the department shall set the
boundaries of the affected project area in units no smaller
than a precinct as defined in RCW 29.01.120.
(8) The department, in consultation with the local
involvement committee, shall develop a description for
selected project proposals. After developing the description
of the project proposal, the department shall publish the project proposal description in newspapers of general circulation
for seven calendar days in the affected project area. Within
fourteen calendar days after the last day of the publication of
the project proposal description, the department shall
transmit a copy of the map depicting the affected project
area and the description of the project proposal to the county
auditor of the county in which any portion of the affected
project area is located.
(9) The department shall provide the legislative transportation committee with progress reports on the status of
the definition of the affected project area and the description
of the project proposal.
(10) Upon receipt of the map and the description of the
project proposal, the county auditor shall, within thirty days,
verify the precincts that are located within the affected
project area. The county auditor shall prepare the text
identifying and describing the affected project area and the
project proposal using the definition of the geographical
boundary of the affected project area and the project description submitted by the department and shall set an election
date for the submission of a ballot proposition authorizing
the imposition of tolls or user fees to implement the proposed project within the affected project area, which date
may be the next succeeding general election to be held in the
state, or at a special election, if requested by the department.
The text of the project proposal must appear in a voter’s
pamphlet for the affected project area. The department shall
pay the costs of publication and distribution. The special
election date must be the next date for a special election
provided under RCW 29.13.020 that is at least sixty days
but, if authorized under RCW 29.13.020, no more than
ninety days after the receipt of the final map and project
description by the auditor. The department shall pay the cost
of an election held under this section.
(11) Notwithstanding any other provision of law, the
department may contract with a private developer of a
selected project proposal to conduct environmental impact
studies, a public involvement program, and engineering and
technical studies funded by the legislature. For projects
subject to this subsection, the department shall not enter into
an agreement under RCW 47.46.040 prior to the advisory
vote on the preferred alternative.
(12) Subsections (5) through (10) of this section shall
not apply to project proposals selected prior to September 1,
1994, that have no organized public opposition as demonstrated by the submission to the department of original petitions bearing at least five thousand signatures of individuals
opposing the project, collected and submitted after September 1, 1994, and by thirty calendar days after June 16, 1995.
(13) Subsections (5) through (10) of this section shall
not apply to project proposals selected after June 30, 1997,
that have no organized public opposition as demonstrated by
the submission to the department of original petitions bearing
at least five thousand signatures of individuals opposing the
project, collected and submitted by ninety calendar days after
[Title 47 RCW—page 152]
project selection. [2002 c 114 § 3; 1996 c 280 § 1; 1995
2nd sp.s. c 19 § 2; 1993 c 370 § 3.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Effective date—1996 c 280: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 29, 1996]." [1996 c 280 § 2.]
Effective date—1995 2nd sp.s. c 19: See note following RCW
47.46.010.
47.46.040 Demonstration projects—Terms of
agreements—Public participation. (1) The secretary or a
designee shall consult with legal, financial, and other experts
within and outside state government in the negotiation and
development of the agreements.
(2) Agreements may provide for private ownership of
the projects during the construction period. After completion
and final acceptance of each project or discrete segment
thereof, the agreement may provide for state ownership of
the transportation systems and facilities and lease to the
private entity unless the state elects to provide for ownership
of the facility by the private entity during the term of the
agreement.
The state may lease each of the demonstration projects,
or applicable project segments, to the private entities for
operating purposes for up to fifty years.
(3) The department may exercise any power possessed
by it to facilitate the development, construction, financing
operation, and maintenance of transportation projects under
this section. Agreements for maintenance services entered
into under this section shall provide for full reimbursement
for services rendered by the department or other state
agencies. Agreements for police services for projects,
involving state highway routes, developed under agreements
shall be entered into with the Washington state patrol. The
agreement for police services shall provide that the state
patrol will be reimbursed for costs on a comparable basis
with the costs incurred for comparable service on other state
highway routes. The department may provide services for
which it is reimbursed, including but not limited to preliminary planning, environmental certification, and preliminary
design of the demonstration projects.
(4) The plans and specifications for each project
constructed under this section shall comply with the
department’s standards for state projects. A facility constructed by and leased to a private entity is deemed to be a
part of the state highway system for purposes of identification, maintenance, and enforcement of traffic laws and for
the purposes of applicable sections of this title. Upon
reversion of the facility to the state, the project must meet all
applicable state standards. Agreements shall address
responsibility for reconstruction or renovations that are
required in order for a facility to meet all applicable state
standards upon reversion of the facility to the state.
(5) For the purpose of facilitating these projects and to
assist the private entity in the financing, development,
construction, and operation of the transportation systems and
facilities, the agreements may include provisions for the
department to exercise its authority, including the lease of
facilities, rights of way, and airspace, exercise of the power
of eminent domain, granting of development rights and
(2002 Ed.)
Public-Private Transportation Initiatives
opportunities, granting of necessary easements and rights of
access, issuance of permits and other authorizations, protection from competition, remedies in the event of default of
either of the parties, granting of contractual and real property
rights, liability during construction and the term of the lease,
authority to negotiate acquisition of rights of way in excess
of appraised value, and any other provision deemed necessary by the secretary.
(6) The agreements entered into under this section may
include provisions authorizing the state to grant necessary
easements and lease to a private entity existing rights of way
or rights of way subsequently acquired with public or private
financing. The agreements may also include provisions to
lease to the entity airspace above or below the right of way
associated or to be associated with the private entity’s
transportation facility. In consideration for the reversion
rights in these privately constructed facilities, the department
may negotiate a charge for the lease of airspace rights during
the term of the agreement for a period not to exceed fifty
years. If, after the expiration of this period, the department
continues to lease these airspace rights to the private entity,
it shall do so only at fair market value. The agreement may
also provide the private entity the right of first refusal to
undertake projects utilizing airspace owned by the state in
the vicinity of the public-private project.
(7) Agreements under this section may include any
contractual provision that is necessary to protect the project
revenues required to repay the costs incurred to study, plan,
design, finance, acquire, build, install, operate, enforce laws,
and maintain toll highways, bridges, and tunnels and which
will not unreasonably inhibit or prohibit the development of
additional public transportation systems and facilities.
Agreements under this section must secure and maintain
liability insurance coverage in amounts appropriate to protect
the project’s viability and may address state indemnification
of the private entity for design and construction liability
where the state has approved relevant design and construction plans.
(8) Agreements entered into under this section shall
include a process that provides for public involvement in
decision making with respect to the development of the
projects.
(9)(a) In carrying out the public involvement process
required in subsection (8) of this section, the private entity
shall proactively seek public participation through a process
appropriate to the characteristics of the project that assesses
and demonstrates public support among: Users of the
project, residents of communities in the vicinity of the
project, and residents of communities impacted by the
project.
(b) The private entity shall conduct a comprehensive
public involvement process that provides, periodically
throughout the development and implementation of the
project, users and residents of communities in the affected
project area an opportunity to comment upon key issues
regarding the project including, but not limited to: (i)
Alternative sizes and scopes; (ii) design; (iii) environmental
assessment; (iv) right of way and access plans; (v) traffic
impacts; (vi) tolling or user fee strategies and tolling or user
fee ranges; (vii) project cost; (viii) construction impacts; (ix)
facility operation; and (x) any other salient characteristics.
(2002 Ed.)
47.46.040
(c) If the affected project area has not been defined, the
private entity shall define the affected project area by
conducting, at a minimum: (i) A comparison of the estimated percentage of residents of communities in the vicinity of
the project and in other communities impacted by the project
who could be subject to tolls or user fees and the estimated
percentage of other users and transient traffic that could be
subject to tolls or user fees; (ii) an analysis of the anticipated
traffic diversion patterns; (iii) an analysis of the potential
economic impact resulting from proposed toll rates or user
fee rates imposed on residents, commercial traffic, and
commercial entities in communities in the vicinity of and
impacted by the project; (iv) an analysis of the economic
impact of tolls or user fees on the price of goods and
services generally; and (v) an analysis of the relationship of
the project to state transportation needs and benefits.
The agreement may require an advisory vote by users of
and residents in the affected project area.
(d) In seeking public participation, the private entity
shall establish a local involvement committee or committees
comprised of residents of the affected project area, individuals who represent cities and counties in the affected project
area, organizations formed to support or oppose the project,
if such organizations exist, and users of the project. The
private entity shall, at a minimum, establish a committee as
required under the specifications of RCW 47.46.030(6)(b)
(ii) and (iii) and appointments to such committee shall be
made no later than thirty days after the project area is
defined.
(e) Local involvement committees shall act in an
advisory capacity to the department and the private entity on
all issues related to the development and implementation of
the public involvement process established under this section.
(f) The department and the private entity shall provide
the legislative transportation committee and local involvement committees with progress reports on the status of the
public involvement process including the results of an
advisory vote, if any occurs.
(10) Nothing in this chapter limits the right of the
secretary and his or her agents to render such advice and to
make such recommendations as they deem to be in the best
interests of the state and the public. [2002 c 114 § 16; 2001
c 64 § 14; 1995 2nd sp.s. c 19 § 3; 1993 c 370 § 4.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Effective date—1995 2nd sp.s. c 19: See note following RCW
47.46.010.
47.46.050 Financial arrangements. (1) The department may enter into agreements using federal, state, and
local financing in connection with the projects, including
without limitation, grants, loans, and other measures authorized by section 1012 of ISTEA, and to do such things as
necessary and desirable to maximize the funding and
financing, including the formation of a revolving loan fund
to implement this section.
(2) Agreements entered into under this section may
authorize the private entity to lease the facilities within a
designated area or areas from the state and to impose user
fees or tolls within the designated area to allow a reasonable
rate of return on investment, as established through a
[Title 47 RCW—page 153]
47.46.050
Title 47 RCW: Public Highways and Transportation
negotiated agreement between the state and the private
entity. The negotiated agreement shall determine a maximum development fee and, where appropriate, a maximum
rate of return on investment, based on project and financing
characteristics. If the negotiated rate of return on investment
or development fee is not affected, the private entity may
establish and modify toll rates and user fees.
(3) Agreements that include a maximum rate of return
may establish "incentive" rates of return beyond the negotiated maximum rate of return on investment. The incentive
rates of return shall be designed to provide financial benefits
to the affected public jurisdictions and the private entity,
given the attainment of various safety, performance, or
transportation demand management goals. The incentive
rates of return shall be negotiated in the agreement.
(4) Agreements shall require that over the term of the
ownership or lease the user fees or toll revenues be applied
only to payment of:
(a) The capital outlay costs for the project, including the
costs associated with planning, design, development, financing, construction, improvement, operations, toll collection,
maintenance, and administration of the project;
(b) The reimbursement to the state for all costs associated with an election as required under RCW 47.46.030, the
costs of project review and oversight, and technical and law
enforcement services;
(c) The establishment of a fund to assure the adequacy
of maintenance expenditures; and
(d) A reasonable return on investment to the private
entity. A negotiated agreement shall not extend the term of
the ownership or lease beyond the period of time required
for payment of the private entity’s capital outlay costs for
the project under this subsection. [2002 c 114 § 17; 1995
2nd sp.s. c 19 § 4; 1993 c 370 § 5.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Effective date—1995 2nd sp.s. c 19: See note following RCW
47.46.010.
47.46.060 Deferral of taxes—Application—
Repayment. (1) Any person, including the department of
transportation and any private entity or entities, may apply
for deferral of taxes on the site preparation for, the construction of, the acquisition of any related machinery and equipment which will become a part of, and the rental of equipment for use in the state route number 16 corridor improvements project under this chapter. Application shall be made
to the department of revenue in a form and manner prescribed by the department of revenue. The application shall
contain information regarding estimated or actual costs, time
schedules for completion and operation, and other information required by the department of revenue. The department
of revenue shall approve the application within sixty days if
it meets the requirements of this section.
(2) The department of revenue shall issue a sales and
use tax deferral certificate for state and local sales and use
taxes due under chapters 82.08, 82.12, and 82.14 RCW on
the project.
(3) The department of transportation or a private entity
granted a tax deferral under this section shall begin paying
the deferred taxes in the fifth year after the date certified by
[Title 47 RCW—page 154]
the department of revenue as the date on which the project
is operationally complete. The first payment is due on
December 31st of the fifth calendar year after such certified
date, with subsequent annual payments due on December
31st of the following nine years. Each payment shall equal
ten percent of the deferred tax. The project is operationally
complete under this section when the collection of tolls is
commenced for the state route number 16 improvements
covered by the deferral.
(4) The department of revenue may authorize an
accelerated repayment schedule upon request of the department of transportation or a private entity granted a deferral
under this section.
(5) Interest shall not be charged on any taxes deferred
under this section for the period of deferral, although all
other penalties and interest applicable to delinquent excise
taxes may be assessed and imposed for delinquent payments
under this section. The debt for deferred taxes is not
extinguished by insolvency or other failure of the private
entity. Transfer of ownership does not terminate the
deferral.
(6) Applications and any other information received by
the department of revenue under this section are not confidential and are subject to disclosure. Chapter 82.32 RCW
applies to the administration of this section. [2002 c 114 §
18; 1998 c 179 § 4.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Finding—1998 c 179: See note following RCW 35.21.718.
47.46.070 Use of state bonds on certain projects.
(1) To the extent that the legislature specifically appropriates
funding for a project developed under this chapter using the
proceeds of bonds issued by the state, an agreement for the
design or construction of the project entered into by the
secretary must incorporate provisions that are consistent with
the use of the state financing provided by the appropriation.
(2) The secretary shall amend existing agreements or
execute new agreements to comply with subsection (1) of
this section.
(3) If the secretary is unable to reach agreement with
other parties on contractual provisions providing for state
financing, the secretary shall not enter into an agreement, or
shall take no action with respect to an agreement, or shall
exercise termination provisions, whichever option in the
secretary’s determination will result in the lowest net cost to
the state. [2002 c 114 § 4.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.080 State toll facilities authorized for projects.
The department may provide for the establishment and
construction of state toll bridge facilities upon any public
highways of this state together with approaches to them
under agreements entered into under this chapter to develop
such facilities. A state toll bridge facility authorized under
this section includes, but is not limited to, the construction
of an additional toll bridge, including approaches, adjacent
to and within two miles of an existing bridge, the imposition
of tolls on both bridges, and the operation of both bridges as
one toll facility. [2002 c 114 § 5.]
(2002 Ed.)
Public-Private Transportation Initiatives
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.090 Citizen advisory committee—Tolls. (1) A
citizen advisory committee must be created for any project
developed under this chapter that imposes toll charges for
use of a transportation facility. The governor shall appoint
nine members to the committee, all of whom must be
permanent residents of the affected project area, as that term
is used in RCW 47.46.030.
(2) The citizen advisory committee shall serve in an
advisory capacity to the commission on all matters related to
the imposition of tolls. Members of the committee shall
serve without compensation.
(3) No toll charge may be imposed or modified unless
the citizen advisory committee has been given at least twenty
days to review and comment on any proposed toll charge
schedule. In setting toll rates, the commission shall give
consideration to any recommendations of the citizen advisory
committee. [2002 c 114 § 6.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.100 Tolls—Setting—Lien on. (1) The commission shall fix the rates of toll and other charges for all toll
bridges built under this chapter that are financed primarily
by bonds issued by the state. Subject to RCW 47.46.090,
the commission may impose and modify toll charges from
time to time as conditions warrant.
(2) In establishing toll charges, the commission shall
give due consideration to any required costs for operating
and maintaining the toll bridge or toll bridges, including the
cost of insurance, and to any amount required by law to
meet the redemption of bonds and interest payments on
them.
(3) The toll charges must be imposed in amounts
sufficient to:
(a) Provide annual revenue sufficient to provide for
annual operating and maintenance expenses, except as
provided in RCW 47.56.245;
(b) Make payments required under RCW 47.56.165 and
47.46.140, including insurance costs and the payment of
principal and interest on bonds issued for any particular toll
bridge or toll bridges; and
(c) Repay the motor vehicle fund under RCW
47.46.110, 47.56.165, and 47.46.140.
(4) The bond principal and interest payments, including
repayment of the motor vehicle fund for amounts transferred
from that fund to provide for such principal and interest
payments, constitute a first direct and exclusive charge and
lien on all tolls and other revenues from the toll bridge concerned, subject to operating and maintenance expenses.
[2002 c 114 § 7.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.110 Tolls—Term, use. (1) The commission
shall retain toll charges on any existing and future facilities
constructed under this chapter and financed primarily by
bonds issued by the state until:
(2002 Ed.)
47.46.080
(a) All costs of investigation, financing, acquisition of
property, and construction advanced from the motor vehicle
fund have been fully repaid, except as provided in subsection
(2)(b) of this section;
(b) Obligations incurred in constructing that facility have
been fully paid; and
(c) The motor vehicle fund is fully repaid under RCW
47.46.140.
(2) This section does not:
(a) Prohibit the use of toll revenues to fund maintenance, operations, or management of facilities constructed
under this chapter except as prohibited by RCW 47.56.245;
(b) Require repayment of funds specifically appropriated
as a nonreimbursable state financial contribution to a project.
(3) Notwithstanding the provisions of subsection (2)(a)
of this section, upon satisfaction of the conditions enumerated in subsection (1) of this section:
(a) The facility must be operated as a toll-free facility;
and
(b) The operation, maintenance, upkeep, and repair of
the facility must be paid from funds appropriated for the use
of the department for the construction and maintenance of
the primary state highways of the state of Washington.
[2002 c 114 § 8.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.120 Toll increases in excess of fiscal growth
factor. Pursuant to RCW 43.135.055, the legislature
authorizes the transportation commission to increase bridge
tolls in excess of the fiscal growth factor. [2002 c 114 § 9.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.130 Use of state bond proceeds. Proceeds of
the sale of bonds issued by the state for projects constructed
under this chapter must be deposited in the state treasury to
the credit of a special account designated for those purposes.
Those proceeds must be expended only for the purposes
enumerated in this chapter, for payment of the expense
incurred in the issuance and sale of any such bonds, and to
repay the motor vehicle fund for any sums advanced to pay
the cost of surveys, location, design, development,
right-of-way, and other activities related to the financing and
construction of the bridge and its approaches. [2002 c 114
§ 10.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.140 Repayment of motor vehicle fund from
toll charges. Toll charges must be used to repay the motor
vehicle fund consistent with RCW 47.56.165 for any
amounts transferred from the motor vehicle fund to the
highway bond retirement fund under RCW 47.10.847 to
provide for bond retirement and interest on bonds issued for
the Tacoma Narrows public-private initiative project. Toll
charges must remain on any facility financed by bonds
issued by the state for a length of time necessary to repay
the motor vehicle fund for any amounts expended from that
fund for the design, development, right-of-way, financing,
construction, maintenance, repair, or operation of the toll
[Title 47 RCW—page 155]
47.46.140
Title 47 RCW: Public Highways and Transportation
facility or for amounts transferred from the motor vehicle
fund to the highway bond retirement fund under RCW
47.10.847 to provide for bond retirement and interest on
bonds issued for the Tacoma Narrows public-private initiative project. Funds specifically appropriated as a nonreimbursable state financial contribution to the project do not
require repayment. [2002 c 114 § 12.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.150 Alteration not a new proposal. If a
proposal is or has been selected for the design, development,
construction, maintenance, or operation of transportation
systems or facilities under this chapter, subsequent agreements may be made to implement portions of the proposal
that modify the proposal or that do not incorporate all the
features of the proposal. Any such modified agreement does
not require the solicitation or consideration of additional
proposals for all or any portion of the services rendered
under that modified agreement. Modified agreements may
provide for the reimbursement of expenses and fees incurred
under earlier agreements. [2002 c 114 § 13.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.160 Applicable rules and statutes. All projects
designed, constructed, and operated under this chapter must
comply with all applicable rules and statutes in existence at
the time the agreement is executed, including but not limited
to the following provisions: Chapter 39.12 RCW, this title,
*RCW 41.06.380, chapter 47.64 RCW, RCW 49.60.180, and
49 C.F.R. Part 21. [2002 c 114 § 14.]
*Reviser’s note: RCW 41.06.380 was repealed by 2002 c 354 § 403,
effective July 1, 2005.
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.170 Application of RCW 47.46.040 and
47.46.050. RCW 47.46.040 and 47.46.050 apply only to
those agreements that include private sources of financing in
whole or in part. [2002 c 114 § 15.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.180 Legislative oversight committee. A
legislative oversight committee is established to monitor and
report on the progress, execution, and efficiency of designbuild contracts issued under this chapter. The legislative
oversight committee will be comprised of one legislator from
each caucus of each chamber of the legislature. The
leadership of each caucus shall appoint one member from his
or her respective caucus to serve on the legislative oversight
committee authorized by this section. [2002 c 114 § 25.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.46.900 Effective date—1993 c 370. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
[Title 47 RCW—page 156]
existing public institutions, and shall take effect July 1, 1993.
[1993 c 370 § 7.]
Chapter 47.48
CLOSING HIGHWAYS AND
RESTRICTING TRAFFIC
Sections
47.48.010
47.48.020
47.48.031
47.48.040
47.48.050
Closure of
Closure or restriction authorized—Restriction for urban public transportation system use.
Notice of closure or restriction—Emergency closure.
Emergency closures by state patrol.
Penalty.
Transportation of radioactive or hazardous cargo—
Definition—Violation, penalty.
Camas slough: RCW 88.28.055.
47.48.010 Closure or restriction authorized—
Restriction for urban public transportation system use.
Whenever the condition of any state highway, county road,
or city street, either newly or previously constructed, altered,
repaired, or improved, or any part thereof is such that for
any reason its unrestricted use or continued use by vehicles
or by any class of vehicles will greatly damage that state
highway, county road, or city street, or will be dangerous to
traffic, or it is being constructed, altered, repaired, improved,
or maintained in such a manner as to require that use of the
state highway, county road, or city street, or any portion
thereof be closed or restricted as to all vehicles or any class
of vehicles for any period of time, the secretary, if it is a
state highway, the county legislative authority, if it is a
county road, or the governing body of any city or town, if it
is a city street, is authorized to close the state highway,
county road, or city street, as the case may be, to travel by
all vehicles or by any class of vehicles, or may declare a
lower maximum speed for any class of vehicles, for such a
definite period as it shall determine. Nothing in the law of
this state prevents the secretary, county legislative authority,
or governing body of any city or town from classifying
vehicles according to gross weight, axle weight, height,
width, length, braking area, performance, vehicle combinations, or tire equipment for the purposes of this section, or
from restricting the use of any portion of any state highway,
county road, or city street, as the case may be, to its use by
an urban public transportation system. [1984 c 7 § 238;
1977 ex.s. c 216 § 1; 1967 c 108 § 9; 1961 c 13 §
47.48.010. Prior: 1937 c 53 § 65; RRS § 6400-65; prior:
1929 c 214 § 1; 1927 c 232 § 1; 1921 c 21 § 1; RRS §
6839.]
Severability—1984 c 7: See note following RCW 47.01.141.
Restrictions on public highways to prevent damage: RCW 46.44.080.
Urban public transportation system defined: RCW 47.04.082.
47.48.020 Notice of closure or restriction—
Emergency closure. Before any state highway, county road,
or city street is closed to, or the maximum speed limit
thereon reduced for, all vehicles or any class of vehicles, a
notice thereof including the effective date shall be published
in one issue of a newspaper of general circulation in the
county or city or town in which such state highway, county
road, or city street or any portion thereof to be closed is
(2002 Ed.)
Closing Highways and Restricting Traffic
located; and a like notice shall be posted on or prior to the
date of publication of such notice in a conspicuous place at
each end of the state highway, county road, or city street or
portion thereof to be closed or restricted: PROVIDED, That
no such state highway, county road, or city street or portion
thereof may be closed sooner than three days after the
publication and the posting of the notice herein provided for:
PROVIDED, HOWEVER, That in cases of emergency or
conditions in which the maximum time the closure will be
in effect is twelve hours or less the proper officers may,
without publication or delay, close state highways, county
roads, and city streets temporarily by posting notices at each
end of the closed portion thereof and at all intersecting state
highways if the closing be of a portion of a state highway,
at all intersecting state highways and county roads if the
closing be a portion of a county road, and at all intersecting
city streets if the closing be of a city street. In all emergency cases or conditions in which the maximum time the
closure will be in effect is twelve hours or less, as herein
provided, the orders of the proper authorities shall be
immediately effective. [1982 c 145 § 5; 1977 ex.s. c 216 §
2; 1961 c 13 § 47.48.020. Prior: 1937 c 53 § 66, part; RRS
§ 6400-66, part; prior: 1921 c 21 § 2, part; RRS § 6840,
part. Formerly RCW 47.48.020 and 47.48.030.]
47.48.031 Emergency closures by state patrol. (1)
Whenever the chief or another officer of the state patrol
determines on the basis of a traffic investigation that an
emergency exists or less than safe road conditions exist due
to human-caused or natural disasters or extreme weather
conditions upon any state highway, or any part thereof, state
patrol officers may determine and declare closures and
temporarily reroute traffic from any such affected highway.
(2) Any alteration of vehicular traffic on any state
highway due to closure in emergency conditions is effective
until such alteration has been approved or altered by the
secretary of transportation or other department of
transportation authorities in their local respective jurisdictions.
(3) All state highway closures by officers of the state
patrol shall be immediately reported to the secretary of
transportation and to other authorities in their local jurisdictions. [1981 c 197 § 1.]
47.48.040 Penalty. When any state highway, county
road, or city street or portion thereof shall have been closed,
or when the maximum speed limit thereon shall have been
reduced, for all vehicles or any class of vehicles, as by law
provided, any person, firm or corporation disregarding such
closing or reduced speed limit shall be guilty of a misdemeanor, and shall in addition to any penalty for violation of
the provisions of this section, be liable in any civil action
instituted in the name of the state of Washington or the
county or city or town having jurisdiction for any damages
occasioned to such state highway, county road, or city street,
as the case may be, as the result of disregarding such closing
or reduced speed limit. [1977 ex.s. c 216 § 3; 1961 c 13 §
47.48.040. Prior: 1937 c 53 § 67; RRS § 6400-67; prior:
1921 c 21 § 3; RRS § 6841.]
(2002 Ed.)
47.48.020
47.48.050 Transportation of radioactive or hazardous cargo—Definition—Violation, penalty. The chief or
other officer of the Washington state patrol may prohibit the
transportation of placarded radioactive or hazardous cargo
over the highways of the state, or a portion thereof, if
weather or other conditions create a substantial risk to public
safety. For the purposes of this section hazardous cargo
shall mean hazardous materials as defined in RCW
70.136.020(1). Violation of an order issued under this
section constitutes a misdemeanor. [1983 c 205 § 1.]
Regulations on notice of prohibition on radioactive or hazardous cargo:
RCW 47.01.270.
Chapter 47.50
HIGHWAY ACCESS MANAGEMENT
Sections
47.50.010
47.50.020
47.50.030
47.50.040
47.50.050
47.50.060
47.50.070
47.50.080
47.50.090
Findings—Access.
Definitions—Access.
Regulating connections.
Access permits.
Permit fee.
Permit review process.
Permit conditions.
Permit removal.
Access management standards.
47.50.010 Findings—Access. (1) The legislature finds
that:
(a) Regulation of access to the state highway system is
necessary in order to protect the public health, safety, and
welfare, to preserve the functional integrity of the state
highway system, and to promote the safe and efficient
movement of people and goods within the state;
(b) The development of an access management program,
in accordance with this chapter, which coordinates land use
planning decisions by local governments and investments in
the state highway system, will serve to control the proliferation of connections and other access approaches to and from
the state highway system. Without such a program, the
health, safety, and welfare of the residents of this state are
at risk, due to the fact that uncontrolled access to the state
highway system is a significant contributing factor to the
congestion and functional deterioration of the system; and
(c) The development of an access management program
in accordance with this chapter will enhance the development of an effective transportation system and increase the
traffic-carrying capacity of the state highway system and
thereby reduce the incidences of traffic accidents, personal
injury, and property damage or loss; mitigate environmental
degradation; promote sound economic growth and the growth
management goals of the state; reduce highway maintenance
costs and the necessity for costly traffic operations measures;
lengthen the effective life of transportation facilities in the
state, thus preserving the public investment in such facilities;
and shorten response time for emergency vehicles.
(2) In furtherance of these findings, all state highways
are hereby declared to be controlled access facilities as
defined in RCW 47.50.020, except those highways that are
defined as limited access facilities in chapter 47.52 RCW.
(3) It is the policy of the legislature that:
[Title 47 RCW—page 157]
47.50.010
Title 47 RCW: Public Highways and Transportation
(a) The access rights of an owner of property abutting
the state highway system are subordinate to the public’s right
and interest in a safe and efficient highway system; and
(b) Every owner of property which abuts a state
highway has a right to reasonable access to that highway,
unless such access has been acquired pursuant to chapter
47.52 RCW, but may not have the right of a particular
means of access. The right of access to the state highway
may be restricted if, pursuant to local regulation, reasonable
access can be provided to another public road which abuts
the property.
(4) The legislature declares that it is the purpose of this
chapter to provide a coordinated planning process for the
permitting of access points on the state highway system to
effectuate the findings and policies under this section.
(5) Nothing in this chapter shall affect the right to full
compensation under section 16, Article I of the state Constitution. [1991 c 202 § 1.]
Captions not law—1991 c 202: "Section captions and part headings
as used in this act do not constitute any part of the law." [1991 c 202 §
22.]
Effective date—1991 c 202: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1991." [1991 c 202 § 24.]
Severability—1991 c 202: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1991 c 202 § 25.]
47.50.020 Definitions—Access. Unless the context
clearly requires otherwise, the definitions in this section
apply throughout this chapter.
(1) "Controlled access facility" means a transportation
facility to which access is regulated by the governmental
entity having jurisdiction over the facility. Owners or
occupants of abutting lands and other persons have a right of
access to or from such facility at such points only and in
such manner as may be determined by the governmental
entity.
(2) "Connection" means approaches, driveways, turnouts, or other means of providing for the right of access to
or from controlled access facilities on the state highway
system.
(3) "Permitting authority" means the department for
connections in unincorporated areas or a city or town within
incorporated areas which are authorized to regulate access to
state highways pursuant to chapter 47.24 RCW. [1991 c 202
§ 2.]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
47.50.030 Regulating connections. (1) Vehicular
access and connections to or from the state highway system
shall be regulated by the permitting authority in accordance
with the provisions of this chapter in order to protect the
public health, safety, and welfare.
(2) The department shall by July 1, 1992, adopt administrative procedures pursuant to chapter 34.05 RCW which
establish state highway access standards and rules for its
issuance and modification of access permits, closing of unpermitted connections, revocation of permits, and waiver
provisions in accordance with this chapter. The department
[Title 47 RCW—page 158]
shall consult with the association of Washington cities and
obtain concurrence of the city design standards committee as
established by RCW 35.78.030 in the development and
adoption of rules for access standards for city streets
designated as state highways under chapter 47.24 RCW.
(3) Cities and towns shall, no later than July 1, 1993,
adopt standards for access permitting on streets designated
as state highways which meet or exceed the department’s
standards, provided that such standards may not be inconsistent with standards adopted by the department. [1991 c 202
§ 3.]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
47.50.040 Access permits. (1) No connection to a
state highway shall be constructed or altered without
obtaining an access permit in accordance with this chapter in
advance of such action. A permitting authority has the
authority to deny access to the state highway system at the
location specified in the permit until the permittee constructs
or alters the connection in accordance with the permit requirements.
(2) The cost of construction or alteration of a connection
shall be borne by the permittee, except for alterations which
are not required by law or administrative rule, but are made
at the request of and for the convenience of the permitting
authority. The permittee, however, shall bear the cost of
alteration of any connection which is required by the
permitting authority due to increased or altered traffic flows
generated by changes in the permittee’s facilities or nature
of business conducted at the location specified in the permit.
(3) Except as otherwise provided in this chapter, an
unpermitted connection is subject to closure by the appropriate permitting authority which shall have the right to install
barriers across or remove the connection. When the permitting authority determines that a connection is unpermitted
and subject to closure, it shall provide reasonable notice of
its impending action to the owner of property served by the
connection. The permitting authority’s procedures for
providing notice and preventing the operation of unpermitted
connections shall be adopted by rule. [1991 c 202 § 4.]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
47.50.050 Permit fee. The department shall establish
by rule a schedule of fees for permit applications made to
the department. The fee shall be nonrefundable and shall be
used only to offset the costs of administering the access
permit review process and the costs associated with administering the provisions of this chapter. [1991 c 202 § 5.]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
47.50.060 Permit review process. The review
process for access permit applications made by the department shall be as follows: Any person seeking an access
permit shall file an application with the department. The
department by rule shall establish application form and
content requirements. The fee required by RCW 47.50.050
must accompany the applications. [1991 c 202 § 6.]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
(2002 Ed.)
Highway Access Management
47.50.070 Permit conditions. The permitting authority may issue a permit subject to any conditions necessary to
carry out the provisions of this chapter, including, but not
limited to, requiring the use of a joint-use connection. The
permitting authority may revoke a permit if the applicant
fails to comply with the conditions upon which the issuance
of the permit was predicated. [1991 c 202 § 7.]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
47.50.080 Permit removal. (1) Unpermitted connections to the state highway system in existence on July 1,
1990, shall not require the issuance of a permit and may
continue to provide access to the state highway system,
unless the permitting authority determines that such a
connection does not meet minimum acceptable standards of
highway safety. However, a permitting authority may
require that a permit be obtained for such a connection if a
significant change occurs in the use, design, or traffic flow
of the connection or of the state highway to which it
provides access. If a permit is not obtained, the connection
may be closed pursuant to RCW 47.50.040.
(2) Access permits granted prior to adoption of the
permitting authorities’ standards shall remain valid until
modified or revoked. Access connections to state highways
identified on plats and subdivisions approved prior to July 1,
1991, shall be deemed to be permitted pursuant to chapter
202, Laws of 1991. The permitting authority may, after
written notification, under rules adopted in accordance with
RCW 47.50.030, modify or revoke an access permit granted
prior to adoption of the standards by requiring relocation,
alteration, or closure of the connection if a significant change
occurs in the use, design, or traffic flow of the connection.
(3) The permitting authority may issue a nonconforming
access permit after finding that to deny an access permit
would leave the property without a reasonable means of
access to the public roads of this state. Every nonconforming access permit shall specify limits on the maximum
vehicular use of the connection and shall be conditioned on
the availability of future alternative means of access for
which access permits can be obtained. [1991 c 202 § 8.]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
47.50.090 Access management standards. (1) The
department shall develop, adopt, and maintain an access
control classification system for all routes on the state
highway system, the purpose of which shall be to provide
for the implementation and continuing applications of the
provision of this chapter.
(2) The principal component of the access control
classification system shall be access management standards,
the purpose of which shall be to provide specific minimum
standards to be adhered to in the planning for and approval
of access to state highways.
(3) The control classification system shall be developed
consistent with the following:
(a) The department shall, no later than January 1, 1993,
adopt rules setting forth procedures governing the implementation of the access control classification system required by
this chapter. The rule shall provide for input from the
(2002 Ed.)
47.50.070
entities described in (b) of this subsection as well as for
public meetings to discuss the access control classification
system. Nothing in this chapter shall affect the validity of
the department’s existing or subsequently adopted rules
concerning access to the state highway system. Such rules
shall remain in effect until repealed or replaced by the rules
required by this chapter.
(b) The access control classification system shall be
developed in cooperation with counties, cities and towns, the
department of community, trade, and economic development,
regional transportation planning organizations, and other
local governmental entities, and for city streets designated as
state highways pursuant to chapter 47.24 RCW, adopted with
the concurrence of the city design standards committee.
(c) The rule required by this section shall provide that
assignment of a road segment to a specific access category
be made in consideration of the following criteria:
(i) Local land use plans and zoning, as set forth in
comprehensive plans;
(ii) The current functional classification as well as
potential future functional classification of each road on the
state highway system;
(iii) Existing and projected traffic volumes;
(iv) Existing and projected state, local, and metropolitan
planning organization transportation plans and needs;
(v) Drainage requirements;
(vi) The character of lands adjoining the highway;
(vii) The type and volume of traffic requiring access;
(viii) Other operational aspects of access;
(ix) The availability of reasonable access by way of
county roads and city streets to a state highway; and
(x) The cumulative effect of existing and projected
connections on the state highway system’s ability to provide
for the safe and efficient movement of people and goods
within the state.
(d) Access management standards shall include, but not
be limited to, connection location standards, safety factors,
design and construction standards, desired levels of service,
traffic control devices, and effective maintenance of the
roads. The standards shall also contain minimum requirements for the spacing of connections, intersecting streets,
roads, and highways.
(e) An access control category shall be assigned to each
segment of the state highway system by July 1, 1993. [1995
c 399 § 124; 1991 c 202 § 9.]
Captions not law—Effective date—Severability—1991 c 202: See
notes following RCW 47.50.010.
Chapter 47.52
LIMITED ACCESS FACILITIES
Sections
47.52.001
47.52.010
47.52.011
47.52.020
47.52.025
47.52.026
47.52.027
Declaration of policy.
"Limited access facility" defined.
"Existing highway" defined.
Powers of highway authorities—State facility, county road
crossings.
Additional powers—Controlling use of limited access facilities—High-occupancy vehicle lanes.
Rules—Control of vehicles entering—Ramp closure, metering, or restrictions—Notice.
Standards and rules for interstate and defense highways—
Construction, maintenance, access.
[Title 47 RCW—page 159]
Chapter 47.52
Title 47 RCW: Public Highways and Transportation
47.52.040
Design—Entrance and exit restricted—Closure of intersecting roads.
47.52.041 Closure of intersecting roads—Rights of abutters.
47.52.042 Closure of intersecting roads—Other provisions not affected.
47.52.050 Acquisition of property.
47.52.060 Court process expedited.
47.52.070 Establishment of facility—Grade separation—Service roads.
47.52.080 Abutter’s right of access protected—Compensation.
47.52.090 Cooperative agreements—Urban public transportation systems—Title to highway—Traffic regulations—
Underground utilities and overcrossings—Passenger
transportation—Storm sewers—City street crossings.
47.52.100 Existing roads and streets as service roads.
47.52.105 Acquisition and construction to preserve limited access or
reduce required compensation.
47.52.110 Marking of facility with signs.
47.52.120 Violations specified—Exceptions—Penalty.
47.52.121 Prior determinations validated.
47.52.131 Consideration of local conditions—Report to local authorities—Conferences—Proposed plan.
47.52.133 Local public hearing—Notices.
47.52.134 When access reports and hearings not required.
47.52.135 Hearing procedure.
47.52.137 Adoption of plan—Service of findings and order—
Publication of resume—Finality—Review.
47.52.139 Local approval of plan—Disapproval, request for review.
47.52.145 Modification of adopted plan without further public hearings, when.
47.52.150 State facility through city or town—Board of review, composition and appointment.
47.52.160 State facility through city or town—Hearing—Notice—
Evidence—Determination of issues.
47.52.170 State facility through city or town—Hearing—Procedure.
47.52.180 State facility through city or town—Hearing—Findings of
board—Modification of proposed plan by stipulation.
47.52.190 State facility through city or town—Hearing—Assistants—
Costs—Reporter.
47.52.195 Review and appeal on petition of abutter.
47.52.200 Law enforcement jurisdiction within city or town.
47.52.210 State facility within city or town—Title to city or town
streets incorporated therein.
Description, plans of highways, filing: RCW 47.28.025, 47.28.026.
Port districts, toll facilities: Chapter 53.34 RCW.
Speed limits on limited access facilities: RCW 46.61.430.
47.52.001 Declaration of policy. Unrestricted access
to and from public highways has resulted in congestion and
peril for the traveler. It has caused undue slowing of all
traffic in many areas. The investment of the public in
highway facilities has been impaired and highway facilities
costing vast sums of money will have to be relocated and
reconstructed. It is the declared policy of this state to limit
access to the highway facilities of this state in the interest of
highway safety and for the preservation of the investment of
the public in such facilities. [1961 c 13 § 47.52.001. Prior:
1951 c 167 § 1.]
47.52.010 "Limited access facility" defined. For the
purposes of this chapter, a "limited access facility" is defined
as a highway or street especially designed or designated for
through traffic, and over, from, or to which owners or
occupants of abutting land, or other persons, have no right
or easement, or only a limited right or easement of access,
light, air, or view by reason of the fact that their property
abuts upon such limited access facility, or for any other
reason to accomplish the purpose of a limited access facility.
Such highways or streets may be parkways, from which
vehicles forming part of an urban public transportation
system, trucks, buses, or other commercial vehicles may be
[Title 47 RCW—page 160]
excluded; or they may be freeways open to use by all
customary forms of street and highway traffic, including
vehicles forming a part of an urban public transportation
system. [1967 c 108 § 10; 1961 c 13 § 47.52.010. Prior:
1951 c 167 § 2; 1947 c 202 § 1; Rem. Supp. 1947 § 640260.]
Urban public transportation system defined: RCW 47.04.082.
47.52.011 "Existing highway" defined. For the
purposes of this chapter, the term "existing highway" shall
include all highways, roads and streets duly established,
constructed, and in use. It shall not include new highways,
roads or streets, or relocated highways, roads or streets, or
portions of existing highways, roads or streets which are
relocated. [1961 c 13 § 47.52.011. Prior: 1951 c 167 § 3.]
47.52.020 Powers of highway authorities—State
facility, county road crossings. The highway authorities of
the state, counties, and incorporated cities and towns, acting
alone or in cooperation with each other, or with any federal,
state, or local agency, or any other state having authority to
participate in the construction and maintenance of highways,
may plan, designate, establish, regulate, vacate, alter,
improve, construct, maintain, and provide limited access
facilities for public use wherever the authority or authorities
are of the opinion that traffic conditions, present or future,
will justify the special facilities. However, upon county
roads within counties, the state or county authorities are
subject to the consent of the county legislative authority,
except that where a state limited access facility crosses a
county road the department may, without the consent of the
county legislative authority, close off the county road so that
it will not intersect such limited access facility.
The department may, in constructing or relocating any
state highway, cross any county road at grade without
obtaining the consent of the county legislative authority, and
in so doing may revise the alignment of the county road to
the extent that the department finds necessary for reasons of
traffic safety or practical engineering considerations. [1984
c 7 § 239; 1961 c 13 § 47.52.020. Prior: 1957 c 235 § 2;
prior: 1953 c 30 § 1; 1951 c 167 § 4; 1947 c 202 § 2, part;
Rem. Supp. 1947 § 6402-61, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.52.025 Additional powers—Controlling use of
limited access facilities—High-occupancy vehicle lanes.
Highway authorities of the state, counties, and incorporated
cities and towns, in addition to the specific powers granted
in this chapter, shall also have, and may exercise, relative to
limited access facilities, any and all additional authority, now
or hereafter vested in them relative to highways or streets
within their respective jurisdictions, and may regulate,
restrict, or prohibit the use of such limited access facilities
by various classes of vehicles or traffic. Such highway
authorities may reserve any limited access facility or portions
thereof, including designated lanes or ramps for the exclusive or preferential use of public transportation vehicles,
privately owned buses, or private motor vehicles carrying not
less than a specified number of passengers when such
limitation will increase the efficient utilization of the
highway facility or will aid in the conservation of energy
(2002 Ed.)
Limited Access Facilities
resources. Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be
effective at all time or at specified times of day or on
specified days. [1974 ex.s. c 133 § 1; 1961 c 13 §
47.52.025. Prior: 1957 c 235 § 3; prior: 1951 c 167 § 5;
1947 c 202 § 2, part; Rem. Supp. 1947 § 6402-61, part.]
High-occupancy vehicle lanes: RCW 46.61.165.
47.52.026 Rules—Control of vehicles entering—
Ramp closure, metering, or restrictions—Notice. (1) The
department may adopt rules for the control of vehicles entering any state limited access highway as it deems necessary
(a) for the efficient or safe flow of traffic traveling upon any
part of the highway or connections with it or (b) to avoid
exceeding federal, state, or regional air pollution standards
either along the highway corridor or within an urban area
served by the highway.
(2) Rules adopted by the department pursuant to
subsection (1) of this section may provide for the closure of
highway ramps or the metering of vehicles entering highway
ramps or the restriction of certain classes of vehicles entering
highway ramps (including vehicles with less than a specified
number of passengers), and any such restrictions may vary
at different times as necessary to achieve the purposes
mentioned in subsection (1) of this section.
(3) Vehicle restrictions authorized by rules adopted
pursuant to this section are effective when proper notice is
given by any police officer, or by appropriate signals, signs,
or other traffic control devices. [1984 c 7 § 240; 1974 ex.s.
c 133 § 3.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.52.027 Standards and rules for interstate and
defense highways—Construction, maintenance, access.
The secretary of transportation may adopt design standards,
rules, and regulations relating to construction, maintenance,
and control of access of the national system of interstate and
defense highways within this state as it deems advisable to
properly control access thereto, to preserve the trafficcarrying capacity of such highways, and to provide the maximum degree of safety to users thereof. In adopting such
standards, rules, and regulations the secretary shall take into
account the policies, rules, and regulations of the United
States secretary of commerce and the federal highway
administration relating to the construction, maintenance, and
operation of the system of interstate and defense highways.
The standards, rules, and regulations so adopted by the
secretary shall constitute the public policy of this state and
shall have the force and effect of law. [1977 ex.s. c 151 §
62; 1961 c 13 § 47.52.027. Prior: 1959 c 319 § 35.
Formerly RCW 47.28.160.]
Nonmotorized traffic may be prohibited: RCW 46.61.160.
47.52.040 Design—Entrance and exit restricted—
Closure of intersecting roads. The highway authorities of
the state, counties and incorporated cities and towns may so
design any limited access facility and so regulate, restrict, or
prohibit access as to best serve the traffic for which such
facility is intended; and the determination of design by such
authority shall be conclusive and final. In this connection
such highway authorities may divide and separate any
(2002 Ed.)
47.52.025
limited access facility into separate roadways by the construction of raised curbings, central dividing sections, or
other physical separations, or by designating such separate
roadways by signs, markers, stripes, and the proper lane for
such traffic by appropriate signs, markers, stripes and other
devices. No person shall have any right of ingress or egress
to, from, or across limited access facilities to or from
abutting lands, except at designated points at which access
may be permitted by the highway authorities upon such
terms and conditions as may be specified from time to time:
PROVIDED, That any intersecting streets, roads or highways, not made a part of such facility, shall be deemed
closed at the right of way line by the designation and
construction of said facility and without the consent of any
other party or the necessity of any other legal proceeding for
such closing, notwithstanding any laws to the contrary.
[1961 c 13 § 47.52.040. Prior: 1955 c 75 § 1; 1947 c 202
§ 3; Rem. Supp. 1947 § 6402-62.]
47.52.041 Closure of intersecting roads—Rights of
abutters. No person, firm or corporation, private or
municipal, shall have any claim against the state, city or
county by reason of the closing of such streets, roads or
highways as long as access still exists or is provided to such
property abutting upon the closed streets, roads or highways.
Circuity of travel shall not be a compensable item of
damage. [1961 c 13 § 47.52.041. Prior: 1955 c 75 § 2.]
47.52.042 Closure of intersecting roads—Other
provisions not affected. RCW 47.52.040 and 47.52.041
shall not be construed to affect provisions for establishment,
notice, hearing and court review of any decision establishing
a limited access facility on an existing highway pursuant to
chapter 47.52 RCW. [1961 c 13 § 47.52.042. Prior: 1955
c 75 § 3.]
47.52.050 Acquisition of property. (1) For the
purpose of this chapter the highway authorities of the state,
counties and incorporated cities and towns, respectively, or
in cooperation one with the other, may acquire private or
public property and property rights for limited access facilities and service roads, including rights of access, air, view
and light, by gift, devise, purchase, or condemnation, in the
same manner as such authorities are now or hereafter may
be authorized by law to acquire property or property rights
in connection with highways and streets within their respective jurisdictions. Except as otherwise provided in subsection (2) of this section all property rights acquired under the
provisions of this chapter shall be in fee simple. In the
acquisition of property or property rights for any limited
access facility or portion thereof, or for any service road in
connection therewith, the state, county, incorporated city and
town authority may, in its discretion, acquire an entire lot,
block or tract of land, if by so doing the interest of the
public will be best served, even though said entire lot, block
or tract is not immediately needed for the limited access
facility.
(2) The highway authorities of the state, counties, and
incorporated cities and towns may acquire by gift, devise,
purchase, or condemnation a three dimensional air space
corridor in fee simple over or below the surface of the
[Title 47 RCW—page 161]
47.52.050
Title 47 RCW: Public Highways and Transportation
ground, together with such other property in fee simple and
other property rights as are needed for the construction and
operation of a limited access highway facility, but only if the
acquiring authority finds that the proposal will not:
(a) impair traffic safety on the highway or interfere with
the free flow of traffic; or
(b) permit occupancy or use of the air space above or
below the highway which is hazardous to the operation of
the highway. [1971 ex.s. c 39 § 1; 1961 c 13 § 47.52.050.
Prior: 1947 c 202 § 4; Rem. Supp. 1947 § 6402-63.]
Award of costs in air space corridor acquisitions: RCW 8.25.073.
Right of way donations: Chapter 47.14 RCW.
47.52.060 Court process expedited. Court proceedings necessary to acquire property or property rights for
purposes of this chapter shall take precedence over all other
causes not involving the public interest in all courts to the
end that the provision for limited access facilities may be
expedited. [1961 c 13 § 47.52.060. Prior: 1947 c 202 § 5;
Rem. Supp. 1947 § 6402-64.]
47.52.070 Establishment of facility—Grade separation—Service roads. The designation or establishment of
a limited access facility shall, by the authority making the
designation or establishment, be entered upon the records or
minutes of such authority in the customary manner for the
keeping of such records or minutes. The state, counties and
incorporated cities and towns may provide for the elimination of intersections at grade of limited access facilities with
existing state or county roads, and with city or town streets,
by grade separation or service road, or by closing off such
roads and streets at the right of way boundary line of such
limited access facility; and after the establishment of any
such facility, no highway or street which is not part of said
facility, shall intersect the same at grade. No city or town
street, county road, or state highway, or any other public or
private way, shall be opened into or connect with any such
limited access facility without the consent and previous
approval of the highway authority of the state, county,
incorporated city or town having jurisdiction over such
limited access facility. Such consent and approval shall be
given only if the public interest shall be served thereby.
[1961 c 13 § 47.52.070. Prior: 1951 c 167 § 10; 1947 c
202 § 6; Rem. Supp. 1947 § 6402-65.]
47.52.080 Abutter’s right of access protected—
Compensation. No existing public highway, road, or street
shall be constructed as a limited access facility except upon
the waiver, purchase, or condemnation of the abutting
owner’s right of access thereto as herein provided. In cases
involving existing highways, if the abutting property is used
for business at the time the notice is given as provided in
RCW 47.52.133, the owner of such property shall be entitled
to compensation for the loss of adequate ingress to or egress
from such property as business property in its existing
condition at the time of the notice provided in RCW
47.52.133 as for the taking or damaging of property for
public use. [1983 c 3 § 127; 1961 c 13 § 47.52.080. Prior:
1955 c 54 § 2; 1951 c 167 § 11; 1947 c 202 § 7; Rem.
Supp. 1947 § 6402-66.]
[Title 47 RCW—page 162]
47.52.090 Cooperative agreements—Urban public
transportation systems—Title to highway—Traffic
regulations—Underground utilities and overcrossings—
Passenger transportation—Storm sewers—City street
crossings. The highway authorities of the state, counties,
incorporated cities and towns, and municipal corporations
owning or operating an urban public transportation system
are authorized to enter into agreements with each other, or
with the federal government, respecting the financing,
planning, establishment, improvement, construction, maintenance, use, regulation, or vacation of limited access facilities
in their respective jurisdictions to facilitate the purposes of
this chapter. Any such agreement may provide for the
exclusive or nonexclusive use of a portion of the facility by
street cars, trains, or other vehicles forming a part of an
urban public transportation system and for the erection,
construction, and maintenance of structures and facilities of
such a system including facilities for the receipt and discharge of passengers. Within incorporated cities and towns
the title to every state limited access highway vests in the
state, and, notwithstanding any other provision of this
section, the department shall exercise full jurisdiction,
responsibility, and control to and over the highway from the
time it is declared to be operational as a limited access
facility by the department, subject to the following provisions:
(1) Cities and towns shall regulate all traffic restrictions
on such facilities except as provided in RCW 46.61.430, and
all regulations adopted are subject to approval of the
department before becoming effective. Nothing herein
precludes the state patrol or any county, city, or town from
enforcing any traffic regulations and restrictions prescribed
by state law, county resolution, or municipal ordinance.
(2) The city, town, or franchise holder shall at its own
expense maintain its underground facilities beneath the
surface across the highway and has the right to construct
additional facilities underground or beneath the surface of
the facility or necessary overcrossings of power lines and
other utilities as may be necessary insofar as the facilities do
not interfere with the use of the right of way for limited
access highway purposes. The city or town has the right to
maintain any municipal utility and the right to open the
surface of the highway. The construction, maintenance until
permanent repair is made, and permanent repair of these
facilities shall be done in a time and manner authorized by
permit to be issued by the department or its authorized
representative, except to meet emergency conditions for
which no permit will be required, but any damage occasioned thereby shall promptly be repaired by the city or town
itself, or at its direction. Where a city or town is required to
relocate overhead facilities within the corporate limits of a
city or town as a result of the construction of a limited
access facility, the cost of the relocation shall be paid by the
state.
(3) Cities and towns have the right to grant utility
franchises crossing the facility underground and beneath its
surface insofar as the franchises are not inconsistent with the
use of the right of way for limited access facility purposes
and the franchises are not in conflict with state laws. The
department is authorized to enforce, in an action brought in
the name of the state, any condition of any franchise that a
city or town has granted. No franchise for transportation of
(2002 Ed.)
Limited Access Facilities
passengers in motor vehicles may be granted on such
highways without the approval of the department, except
cities and towns are not required to obtain a franchise for the
operation of municipal vehicles or vehicles operating under
franchises from the city or town operating within the
corporate limits of a city or town and within a radius not
exceeding eight miles outside the corporate limits for public
transportation on such facilities, but these vehicles may not
stop on the limited access portion of the facility to receive
or to discharge passengers unless appropriate special lanes or
deceleration, stopping, and acceleration space is provided for
the vehicles.
Every franchise or permit granted any person by a city
or town for use of any portion of a limited access facility
shall require the grantee or permittee to restore, permanently
repair, and replace to its original condition any portion of the
highway damaged or injured by it. Except to meet emergency conditions, the construction and permanent repair of any
limited access facility by the grantee of a franchise shall be
in a time and manner authorized by a permit to be issued by
the department or its authorized representative.
(4) The department has the right to use all storm sewers
that are adequate and available for the additional quantity of
run-off proposed to be passed through such storm sewers.
(5) The construction and maintenance of city streets
over and under crossings and surface intersections of the
limited access facility shall be in accordance with the
governing policy entered into between the department and
the association of Washington cities on June 21, 1956, or as
such policy may be amended by agreement between the
department and the association of Washington cities. [1984
c 7 § 241; 1977 ex.s. c 78 § 8; 1967 c 108 § 11; 1961 c 13
§ 47.52.090. Prior: 1957 c 235 § 4; 1947 c 202 § 8; Rem.
Supp. 1947 § 6402-67.]
Severability—1984 c 7: See note following RCW 47.01.141.
Urban public transportation system defined: RCW 47.04.082.
47.52.100 Existing roads and streets as service
roads. In connection with the development of any limited
access facility the state, county or incorporated city or town
highway authorities are authorized to plan, designate,
establish, use, regulate, alter, improve, construct, maintain
and vacate local service roads and streets, or to designate as
local service roads and streets any existing road or street,
and to exercise jurisdiction over service roads in the same
manner as is authorized for limited access facilities under the
terms of this chapter. If, in their opinion such local service
roads and streets are necessary or desirable, such local
service roads or streets shall be separated from the limited
access facility by such means or devices designated as
necessary or desirable by the proper authority. [1961 c 13
§ 47.52.100. Prior: 1947 c 202 § 9; Rem. Supp. 1947 §
6402-68.]
47.52.105 Acquisition and construction to preserve
limited access or reduce required compensation. Whenever, in the opinion of the department, frontage or service
roads in connection with limited access facilities are not
feasible either from an engineering or economic standpoint,
the department may acquire private or public property by
purchase or condemnation and construct any road, street, or
(2002 Ed.)
47.52.090
highway connecting to or leading into any other road, street,
or highway, when by so doing, it will preserve a limited
access facility or reduce compensation required to be paid to
an owner by reason of reduction in or loss of access. The
department shall provide by agreement with a majority of the
legislative authority of the county or city concerned as to
location, future maintenance, and control of any road, street,
or highway to be so constructed. The road, street, or
highway need not be made a part of the state highway
system or connected thereto, but may upon completion by
the state be turned over to the county or city for location,
maintenance, and control pursuant to the agreement as part
of the system of county roads or city streets. [1984 c 7 §
242; 1967 c 117 § 1; 1961 c 13 § 47.52.105. Prior: 1955
c 63 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.52.110 Marking of facility with signs. After the
opening of any new and additional limited access highway
facility, or after the designation and establishment of any
existing street or highway, as included the particular highways and streets or those portions thereof designated and
established, shall be physically marked and indicated as
follows: By the erection and maintenance of such signs as
in the opinion of the respective authorities may be deemed
proper, indicating to drivers of vehicles that they are entering
a limited access area and that they are leaving a limited
access area. [1961 c 13 § 47.52.110. Prior: 1947 c 202 §
10; Rem. Supp. 1947 § 6402-69.]
47.52.120 Violations specified—Exceptions—
Penalty. After the opening of any limited access highway
facility, it shall be unlawful for any person (1) to drive a
vehicle over, upon, or across any curb, central dividing
section, or other separation or dividing line on limited access
facilities; (2) to make a left turn or semicircular or U-turn
except through an opening provided for that purpose in the
dividing curb section, separation, or line; (3) to drive any
vehicle except in the proper lane provided for that purpose
and in the proper direction and to the right of the central
dividing curb, separation section, or line; (4) to drive any
vehicle into the limited access facility from a local service
road except through an opening provided for that purpose in
the dividing curb, dividing section, or dividing line which
separates such service road from the limited access facility
proper; (5) to stop or park any vehicle or equipment within
the right of way of such facility, including the shoulders
thereof, except at points specially provided therefor, and to
make only such use of such specially provided stopping or
parking points as is permitted by the designation thereof:
PROVIDED, That this subsection shall not apply to authorized emergency vehicles, law enforcement vehicles, assistance vans, or to vehicles stopped for emergency causes or
equipment failures; (6) to travel to or from such facility at
any point other than a point designated by the establishing
authority as an approach to the facility or to use an approach
to such facility for any use in excess of that specified by the
establishing authority. For the purposes of this section, an
assistance van is a vehicle rendering aid free of charge to
vehicles with equipment or fuel problems. The state patrol
[Title 47 RCW—page 163]
47.52.120
Title 47 RCW: Public Highways and Transportation
shall establish by rule additional standards and operating
procedures, as needed, for assistance vans.
Any person who violates any of the provisions of this
section is guilty of a misdemeanor and upon arrest and
conviction therefor shall be punished by a fine of not less
than five dollars nor more than one hundred dollars, or by
imprisonment in the city or county jail for not less than five
days nor more than ninety days, or by both fine and imprisonment. Nothing contained in this section prevents the
highway authority from proceeding to enforce the prohibitions or limitations of access to such facilities by injunction
or as otherwise provided by law. [1987 c 330 § 748; 1985
c 149 § 1; 1961 c 13 § 47.52.120. Prior: 1959 c 167 § 1;
1947 c 202 § 11; Rem. Supp. 1947 § 6402-70.]
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
47.52.121 Prior determinations validated. Any
determinations of an authority establishing a limited access
facility subsequent to March 19, 1947, and prior to March
16, 1951, in connection with new highways, roads or streets,
or relocated highways, roads or streets, or portions of
existing highways, roads or streets which are relocated, and
all acquirements of property or access rights in connection
therewith are hereby validated, ratified, approved and
confirmed, notwithstanding any lack of power (other than
constitutional) of such authority, and notwithstanding any
defects or irregularities (other than constitutional) in such
proceedings. [1961 c 13 § 47.52.121. Prior: 1951 c 167 §
12.]
47.52.131 Consideration of local conditions—Report
to local authorities—Conferences—Proposed plan. When
the department is planning a limited access facility through
a county or an incorporated city or town, the department or
its staff, before any hearing, shall give careful consideration
to available data as to the county or city’s comprehensive
plan, land use pattern, present and potential traffic volume of
county roads and city streets crossing the proposed facility,
origin and destination traffic surveys, existing utilities, the
physical appearance the facility will present, and other
pertinent surveys and, except as provided in RCW 47.52.134,
shall submit to the county and city officials for study a
report showing how these factors have been taken into
account and how the proposed plan for a limited access
facility will serve public convenience and necessity, together
with the locations and access and egress plans, and over and
under crossings that are under consideration. This report
shall show the proposed approximate right of way limits and
profile of the facility with relation to the existing grade, and
shall discuss in a general manner plans for landscaping
treatment, fencing, and illumination, and shall include
sketches of typical roadway sections for the roadway itself
and any necessary structures such as viaducts or bridges,
subways, or tunnels.
Conferences shall be held on the merits of this state
report and plans and any proposed modification or alternate
proposal of the county, city, or town in order to attempt to
reach an agreement between the department and the county
or city officials. As a result of the conference, the proposed
plan, together with any modifications, shall be prepared by
[Title 47 RCW—page 164]
the department and presented to the county or city for
inspection and study. [1987 c 200 § 1; 1984 c 7 § 243;
1965 ex.s. c 75 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.52.133 Local public hearing—Notices. Except as
provided in RCW 47.52.134, the transportation commission
and the highway authorities of the counties and incorporated
cities and towns, with regard to facilities under their respective jurisdictions, prior to the establishment of any limited
access facility, shall hold a public hearing within the county,
city, or town wherein the limited access facility is to be
established to determine the desirability of the plan proposed
by such authority. Notice of such hearing shall be given to
the owners of property abutting the section of any existing
highway, road, or street being established as a limited access
facility, as indicated in the tax rolls of the county, and in the
case of a state limited access facility, to the county and/or
city or town. Such notice shall be by United States mail in
writing, setting forth a time for the hearing, which time shall
be not less than fifteen days after mailing of such notice.
Notice of such hearing also shall be given by publication not
less than fifteen days prior to such hearing in one or more
newspapers of general circulation within the county, city, or
town. Such notice by publication shall be deemed sufficient
as to any owner or reputed owner or any unknown owner or
owner who cannot be located. Such notice shall indicate a
suitable location where plans for such proposal may be
inspected. [1987 c 200 § 2; 1981 c 95 § 1; 1965 ex.s. c 75
§ 2.]
47.52.134 When access reports and hearings not
required. Access reports and hearings on the establishment
of limited access facilities are not required if:
(1) The limited access facility would lie wholly within
state or federal lands and the agency or agencies with
jurisdiction of the land agree to the access plan; or
(2) The access rights to the affected section of roadway
have previously been purchased or established by others; or
(3) The limited access facility would not significantly
change local road use, and all affected local agencies and
abutting property owners agree in writing to waive a formal
hearing on the establishment of the facility after publication
of a notice of opportunity for a limited access hearing. This
notice of opportunity for a limited access hearing shall be
given in the same manner as required for published notice of
hearings under RCW 47.52.133. If the authority specified in
the notice receives a request for a hearing from one or more
abutting property owners or affected local agencies on or before the date stated in the notice, an access report shall be
submitted as provided in RCW 47.52.131 and a hearing shall
be held. Notice of the hearing shall be given by mail and
publication as provided in RCW 47.52.133. [1987 c 200 §
3.]
47.52.135 Hearing procedure. At the hearing any
representative of the county, city or town, or any other
person may appear and be heard even though such official
or person is not an abutting property owner. Such hearing
may, at the option of the highway authority, be conducted in
accordance with federal laws and regulations governing
(2002 Ed.)
Limited Access Facilities
highway design public hearings. The members of such
authority shall preside, or may designate some suitable
person to preside as examiner. The authority shall introduce
by competent evidence a summary of the proposal for the
establishment of a limited access facility and any evidence
that supports the adoption of the plan as being in the public
interest. At the conclusion of such evidence, any person
entitled to notice who has entered a written appearance shall
be deemed a party to this hearing for purposes of this
chapter and may thereafter introduce, either in person or by
counsel, evidence and statements or counterproposals bearing
upon the reasonableness of the proposal. Any such evidence
and statements or counterproposals shall receive reasonable
consideration by the authority before any proposal is
adopted. Such evidence must be material to the issue before
the authority and shall be presented in an orderly manner.
[1982 c 189 § 5; 1981 c 67 § 29; 1977 c 77 § 2; 1965 ex.s.
c 75 § 3.]
Effective date—1982 c 189: See note following RCW 34.12.020.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
47.52.137 Adoption of plan—Service of findings and
order—Publication of resume—Finality—Review.
Following the conclusion of such hearing the authority shall
adopt a plan with such modifications, if any, it deems proper
and necessary. Its findings and order shall be in writing and
copies thereof shall be served by United States mail upon all
persons having entered a written appearance at such hearing,
and in the case of a state limited access facility, the county
commissioners of the county affected and the mayor of the
city or town affected. The authority shall also cause a
resume of such plan to be published once each week for two
weeks in one or more newspapers of general circulation
within such county, city or town beginning not less than ten
days after the mailing of such findings and order. Such
determination by the authority shall become final within
thirty days after such mailing unless a review is taken as
hereinafter provided. In case of an appeal, the order shall be
final as to all parties not appealing. [1965 ex.s. c 75 § 4.]
47.52.139 Local approval of plan—Disapproval,
request for review. Upon receipt of the findings and order
adopting a plan, the county, city, or town may notify the
department of transportation of its approval of such plan in
writing, in which event such plan shall be final.
In the event that a county, city, or town does not
approve the plan, the county, city, or town shall file its
disapproval in writing with the secretary of transportation
within thirty days after the mailing thereof to such mayor or
county commissioner. Along with the written disapproval
shall be filed a written request for a hearing before a board
of review, hereinafter referred to as the board. The request
for hearing shall set forth the portions of the plan of the
department to which the county, city, or town objects, and
shall include every issue to be considered by the board. The
hearing before a board of review shall be governed by RCW
47.52.150 through 47.52.190, as now or hereafter amended.
[1977 ex.s. c 151 § 63; 1965 ex.s. c 75 § 5.]
(2002 Ed.)
47.52.135
47.52.145 Modification of adopted plan without
further public hearings, when. Whenever after the final
adoption of a plan for a limited access highway by the
transportation commission, an additional design public
hearing with respect to the facility or any portion thereof is
conducted pursuant to federal law resulting in a revision of
the design of the limited access plan, the commission may
modify the previously adopted limited access plan to
conform to the revised design without further public hearings
providing the following conditions are met:
(1) As compared with the previously adopted limited
access plan, the revised plan will not require additional or
different right of way with respect to that section of highway
for which the design has been revised, in excess of five
percent by area; and
(2) If the previously adopted limited access plan was
modified by a board of review convened at the request of a
county, city, or town, the legislative authority of the county,
city, or town shall approve any revisions of the plan which
conflict with modifications ordered by the board of review.
[1981 c 95 § 2; 1977 c 77 § 1.]
47.52.150 State facility through city or town—
Board of review, composition and appointment. Upon
request for a hearing before the board by any county, city,
or town, a board consisting of five members shall be
appointed as follows: The mayor or the county commissioners, as the case may be shall appoint two members of the
board, of which one shall be a duly elected official of the
city, county, or legislative district, except that of the legislative body of the county, city, or town requesting the hearing,
subject to confirmation by the legislative body of the city or
town; the secretary of transportation shall appoint two
members of the board; and one member shall be selected by
the four members thus appointed. Such fifth member shall
be a licensed civil engineer or a recognized professional city
or town planner, who shall be chairman of the board. In the
case both the county and an included city or town request a
hearing, the board shall consist of nine members appointed
as follows: The mayor and the county commission shall
each appoint two members from the elective officials of their
respective jurisdictions, and of the four thus selected no
more than two thereof may be members of a legislative body
of the county, city, or town. The secretary of transportation
shall appoint four members of the board. One member shall
be selected by the members thus selected, and such ninth
member shall be a licensed civil engineer or a recognized
city or town planner, who shall be chairman of the board.
Such boards as are provided by this section shall be appointed within thirty days after the receipt of such a request by
the secretary. In the event the secretary or a county, city, or
town shall not appoint members of the board or members
thus appointed fail to appoint a fifth or ninth member of the
board, as the case may be, either the secretary or the county,
city, or town may apply to the superior court of the county
in which the county, city, or town is situated to appoint the
member or members of the board in accordance with the
provisions of this chapter. [1977 ex.s. c 151 § 64; 1963 c
103 § 3; 1961 c 13 § 47.52.150. Prior: 1959 c 242 § 3;
1957 c 235 § 7.]
[Title 47 RCW—page 165]
47.52.160
Title 47 RCW: Public Highways and Transportation
47.52.160 State facility through city or town—
Hearing—Notice—Evidence—Determination of issues.
The board shall fix a reasonable time not more than thirty
days after the date of its appointment and shall indicate the
time and place for the hearing, and shall give notice to the
county, city, or town and to the department. At the time and
place fixed for the hearing, the state and the county, city, or
town shall present all of their evidence with respect to the
objections set forth in the request for the hearing before the
board, and if either the state, the county, or the city or town
fails to do so, the board may determine the issues upon such
evidence as may be presented to it at the hearing. [1984 c
7 § 244; 1963 c 103 § 4; 1961 c 13 § 47.52.160. Prior:
1957 c 235 § 8.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.52.170 State facility through city or town—
Hearing—Procedure. No witness’s testimony shall be
received unless he shall have been duly sworn, and the board
may cause all oral testimony to be stenographically reported.
Members of the board, its duly authorized representatives,
and all persons duly commissioned by it for the purpose of
taking depositions, shall have power to administer oaths; to
preserve and enforce order during such hearings; to issue
subpoenas for, and to compel the attendance and testimony
of witnesses, or the production of books, papers, documents
and other evidence, or the taking of depositions before any
designated individual competent to administer oaths, and it
shall be their duty so to do; to examine witnesses; and to do
all things conformable to law which may be necessary to
enable them, or any of them, effectively to discharge the
duties of their office. [1961 c 13 § 47.52.170. Prior: 1957
c 235 § 9.]
47.52.180 State facility through city or town—
Hearing—Findings of board—Modification of proposed
plan by stipulation. At the conclusion of such hearing, the
board shall consider the evidence taken and shall make
specific findings with respect to the objections and issues
within thirty days after the hearing, which findings shall
approve, disapprove, or modify the proposed plan of the
department of transportation. Such findings shall be final
and binding upon both parties. Any modification of the
proposed plan of the department of transportation made by
the board of review may thereafter be modified by stipulation of the parties. [1977 ex.s. c 151 § 65; 1977 c 77 § 3;
1961 c 13 § 47.52.180. Prior: 1957 c 235 § 10.]
47.52.190 State facility through city or town—
Hearing—Assistants—Costs—Reporter. The board shall
employ such assistance and clerical help as is necessary to
perform its duties. The costs thereby incurred and incident
to the conduct of the hearing, necessary expenses, and fees,
if any, of members of the board shall be borne equally by
the county, city, or town requesting the hearing and the
department. When oral testimony is stenographically
reported, the department shall provide a reporter at its
expense. [1984 c 7 § 245; 1963 c 103 § 5; 1961 c 13 §
47.52.190. Prior: 1957 c 235 § 11.]
47.52.195 Review and appeal on petition of abutter.
An abutting property owner may petition for review in the
superior court of the state of Washington in the county
where the limited access facility is to be located. Such
review and any appeal therefrom shall be considered and
determined by said court upon the record of the authority in
the manner, under the conditions and subject to the limitations and with the effect specified in the Administrative
Procedure Act, chapter 34.05 RCW, as amended. [1965
ex.s. c 75 § 6.]
47.52.200 Law enforcement jurisdiction within city
or town. Whenever any limited access highway facility
passes within or through any incorporated city or town the
municipal police officers of such city or town, the sheriff of
the county wherein such city or town is situated and officers
of the Washington state patrol shall have independent and
concurrent jurisdiction to enforce any violation of the laws
of this state occurring thereon: PROVIDED, The Washington state patrol shall bear primary responsibility for the
enforcement of laws of this state relating to motor vehicles
within such limited access highway facilities. [1961 c 122
§ 1.]
47.52.210 State facility within city or town—Title to
city or town streets incorporated therein. (1) Whenever
the transportation commission adopts a plan for a limited
access highway to be constructed within the corporate limits
of a city or town which incorporates existing city or town
streets, title to such streets shall remain in the city or town,
and the provisions of RCW 47.24.020 as now or hereafter
amended shall continue to apply to such streets until such
time that the highway is operated as either a partially or
fully controlled access highway. Title to and full control
over that portion of the city or town street incorporated into
the limited access highway shall be vested in the state upon
a declaration by the secretary of transportation that such
highway is operational as a limited access facility, but in no
event prior to the acquisition of right of way for such
highway including access rights, and not later than the final
completion of construction of such highway.
(2) Upon the completion of construction of a state
limited access highway within a city or town, the department
of transportation may relinquish to the city or town streets
constructed or improved as a functional part of the limited
access highway, slope easements, landscaping areas, and
other related improvements to be maintained and operated by
the city or town in accordance with the limited access plan.
Title to such property relinquished to a city or town shall be
conveyed by a deed executed by the secretary of transportation and duly acknowledged. Relinquishment of such
property to the city or town may be expressly conditioned
upon the maintenance of access control acquired by the state
and the continued operation of such property as a functional
part of the limited access highway. [1981 c 95 § 3; 1977
ex.s. c 78 § 3.]
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 47 RCW—page 166]
(2002 Ed.)
State Toll Bridges, Tunnels, and Ferries
Chapter 47.56
STATE TOLL BRIDGES, TUNNELS, AND FERRIES
47.56.273
47.56.282
47.56.284
Sections
47.56.010
47.56.030
47.56.032
47.56.040
47.56.042
47.56.050
47.56.060
47.56.070
47.56.075
47.56.076
47.56.077
47.56.080
47.56.090
47.56.100
47.56.110
47.56.120
47.56.130
47.56.140
47.56.150
47.56.160
47.56.165
47.56.170
47.56.180
47.56.190
47.56.200
47.56.210
47.56.220
47.56.230
47.56.240
47.56.242
47.56.243
47.56.245
47.56.247
47.56.248
47.56.250
47.56.253
47.56.254
47.56.255
47.56.256
47.56.257
47.56.270
47.56.271
(2002 Ed.)
Definitions.
Powers and duties regarding toll facilities—Purchasing.
Authority of department and commission relating to state
ferries.
Toll bridges authorized—Investigations.
State boundary bridges—Investigations—Agreements with
counties or states.
Purchase of bridges and ferries authorized—Provisions
applicable.
Toll bridges—General powers of department and officials—
Financial statements.
Toll facilities authorized—Provisions applicable—
Restrictions.
Toll roads, facilities—Legislative authorization or regional
or local sponsorship required.
Regional transportation investment district—May impose
tolls—Approval by the voters.
Concessions to operate private business on toll road prohibited.
Construction of toll bridges and issuance of bonds authorized.
Authority to acquire right of way in constructing a toll
bridge.
Toll bridges—Right of way across state highways and political subdivisions—Compensation.
Toll bridges—Resolution of necessity in acquiring right of
way—Effect of.
Toll bridges—Construction directed—Costs.
Toll bridges—Bonds—Cooperative funds from state and
federal government.
Toll bridges, bonds—Form, contents, manner of sale—
Interim bonds.
Toll bridges—Bond proceeds and toll revenues, disposition
of—Construction fund—Disbursement—Investment.
Toll bridges—Toll revenue fund.
Tacoma Narrows toll bridge account.
Toll bridges—Transfer of funds for bond payments—
Surplus funds.
Toll bridges—Payments made by warrants on vouchers—
Interest on deposits.
Toll bridges—Agreement on deposit of funds.
Toll bridges—Use of bond proceeds and revenue for expenses.
Toll bridges—Remedies of bond holders.
Toll bridges—Limitations on other service—Protection of
outstanding bonds.
Toll bridges—Insurance or indemnity bonds authorized.
Toll bridges—Fixing of toll rates authorized—Lien of bonds
on revenue.
Liquidation and closure of facility accounts upon removal of
tolls—Transfer to motor vehicle fund.
Liquidation and closure of facility accounts upon removal of
tolls—Satisfaction of claims.
Toll charges retained until costs paid.
Credit permits for vehicular passage.
Credit permits for vehicular passage—Cash deposit or
bond—Revocation of permit.
Contributions by the state or political subdivision—Bonds—
Repayment.
Permits, leases, licenses to governmental entities to use
property of toll facility or ferry system.
Sale of unneeded property—Authorized—Rules.
Sale of unneeded property—Certification to governor—
Execution, delivery of deed.
Franchises for utility, railway, urban public transportation
purposes.
Deposit of moneys received under RCW 47.56.253 through
47.56.256.
Lake Washington and 1950 Tacoma Narrows bridges part of
primary highways.
1950 Tacoma Narrows bridge toll-free—Exception.
47.56.286
47.56.287
47.56.288
47.56.290
47.56.291
47.56.310
47.56.320
47.56.330
47.56.340
47.56.343
47.56.345
47.56.360
47.56.366
47.56.380
47.56.390
47.56.400
47.56.410
47.56.420
47.56.430
47.56.440
47.56.450
47.56.460
47.56.470
47.56.480
47.56.490
47.56.500
47.56.580
47.56.590
47.56.600
47.56.610
47.56.630
47.56.631
47.56.640
47.56.643
47.56.646
47.56.649
47.56.652
Chapter 47.56
Fox Island toll bridge—Need for removal of tolls.
Additional Lake Washington bridge (1957 Act)—Revenue
bonds—Toll charges and other support.
Additional Lake Washington bridge (1957 Act)—Continuous
project—Authorization of other additional bridges.
Additional Lake Washington bridge (1957 Act)—
Interpretation.
Second Lake Washington bridge—Use of motor vehicle
fund to pay deficits.
Second Lake Washington bridge—Designation of funds to
pay deficits—Pledge of excise tax proceeds.
Additional Lake Washington bridge (1953 Act)—
Appropriation—Repayment from bond issue.
Additional Lake Washington bridge in vicinity of first
bridge—Design and construction authorized.
Additional Columbia river bridge—Vancouver to Portland
bridges—Cooperation with Oregon.
Additional Columbia river bridge—Tolls.
Additional Columbia river bridge—Agreements with Oregon
authorized.
Additional Columbia river bridge—When toll free.
Additional Columbia river bridge—Revenue bonds.
Additional Columbia river bridge—Construction—
Severability.
Bridging Puget Sound, Hood Canal—Operation, maintenance, prior charge upon revenue—Appropriations to be
repaid.
Hood Canal bridge—Public sport fishing—Disclaimer of
liability.
Express highway—Tacoma-Seattle-Everett—Limited access.
Express highway—Operation as toll highway—Part of state
system.
Express highway—Powers and duties of department.
Lopez Island-San Juan toll bridge—Appropriation—Study—
Location, exploration, foundation, design.
Lopez Island-San Juan toll bridge—Final designs, construction, revenue bonds authorized.
Lopez Island-San Juan toll bridge—Operation, maintenance,
prior charge upon revenue—Appropriations to be repaid.
Lopez Island-San Juan toll bridge—Effect of toll bridge
authority resolution No. 295—Ferry system refunding
revenue bonds.
Columbia river bridge at Biggs Rapids—Authorized—
Cooperation with Klickitat county, highway commission,
Oregon highway commission and Sherman county.
Columbia river bridge at Biggs Rapids—Appropriation—
Repayment from bond issue.
Columbia river bridge at Biggs Rapids—Revenue bonds.
Columbia river bridge at Biggs Rapids—Construction of act.
Columbia river bridge at Biggs Rapids—Powers of department—Tolls.
Columbia river bridge at Biggs Rapids—Agreements authorized.
Naches Pass tunnel—What studies and surveys shall include.
Naches Pass tunnel—Plan for financing.
Naches Pass tunnel—Design.
Naches Pass tunnel—Contribution by political subdivisions.
Naches Pass tunnel—Repayment to motor vehicle fund of
funds appropriated.
Naches Pass tunnel—Additional studies—Route of highway
and tunnel—Appropriation.
Bridging lower Columbia river in vicinity of Astoria-Megler.
Bridging lower Columbia river in vicinity of AstoriaMegler—Agreements with United States—Acceptance
of public or private funds.
Bridging lower Columbia river in vicinity of AstoriaMegler—Agreements with Oregon—Provisions for
Oregon bond issue, powers and duties of both states,
tolls, apportionment of costs, etc.
Bridging lower Columbia river in vicinity of AstoriaMegler—Use of Washington motor vehicle fuel taxes,
motor vehicle fund to pay Oregon bonds if tolls and
fees insufficient.
Bridging lower Columbia river in vicinity of AstoriaMegler—Procedure for this state paying deficiency in
tolls and fees for Oregon bond issue.
[Title 47 RCW—page 167]
Chapter 47.56
47.56.655
Title 47 RCW: Public Highways and Transportation
Bridging lower Columbia river in vicinity of AstoriaMegler—Washington liability for costs—Maintenance
and repair—Approaches.
47.56.658 Bridging lower Columbia river in vicinity of AstoriaMegler—Financial responsibility of Pacific county—
Prior commitment required.
47.56.659 Bridging lower Columbia river in vicinity of AstoriaMegler—Contractual obligations of Pacific county terminated.
47.56.661 Bridging lower Columbia river in vicinity of AstoriaMegler—Deposit of contribution of Pacific county in
motor vehicle fund—Use.
47.56.667 Bridging lower Columbia river in vicinity of AstoriaMegler—When toll free.
47.56.700 Columbia river, Vernita bridge and highway approach from
Richland—Authorized.
47.56.701 Columbia river, Vernita bridge and highway approach from
Richland—Revenue bonds—Tolls and charges.
47.56.702 Columbia river, Vernita bridge and highway approach from
Richland—Pledge of excise taxes imposed on motor
vehicle fuels.
47.56.703 Columbia river, Vernita bridge and highway approach from
Richland—Continued imposition of such taxes.
47.56.704 Columbia river, Vernita bridge and highway approach from
Richland—Repayment of motor vehicle fund money—
Continuation of tolls.
47.56.705 Columbia river, Vernita bridge and highway approach from
Richland—Facility to be part of highway system—
Operation, collection of tolls.
47.56.706 Columbia river, Vernita bridge and highway approach from
Richland—Laws applicable—Construction of 1963
statute.
47.56.711 Spokane river bridges.
47.56.7115 Spokane river toll bridge—Operation and maintenance responsibility and funding.
47.56.7125 Spokane river toll bridge—Transfer of funds.
47.56.720 Puget Island-Westport ferry—Payments for operation and
maintenance to Wahkiakum county—Toll-free operation
and provision of rest room facilities, when.
47.56.725 County ferries—Deficit reimbursements—Capital improvement funds.
47.56.730 "No Smoking" areas on ferries—Establishment directed.
47.56.740 Columbia river bridge at Horn Rapids—Authorized—
Approach routes.
47.56.741 Columbia river bridge at Horn Rapids—Agreements with
local governments.
47.56.742 Columbia river bridge at Horn Rapids—Bonds—Agreements
with local governments required.
47.56.743 Columbia river bridge at Horn Rapids—Bonds—Plans for
funding obligations of local governments required.
47.56.744 Columbia river bridge at Horn Rapids—Agreements with
United States—Acceptance of public or private funds.
47.56.745 Columbia river bridge at Horn Rapids—General obligation
bonds authorized—Additional bonds authorized, restriction.
47.56.746 Columbia river bridge at Horn Rapids—Bonds—Issuance,
sale, retirement supervised by state finance committee.
47.56.747 Columbia river bridge at Horn Rapids—Bonds—Term—
Terms and conditions—Signatures—Registration—
Where payable—Negotiable instruments—Legal investment for state funds—Bond anticipation notes.
47.56.748 Columbia river bridge at Horn Rapids—Bonds—Bond proceeds—Deposit and use.
47.56.749 Columbia river bridge at Horn Rapids—Bonds—Statement
describing nature of obligation—Sources of payment.
47.56.750 Columbia river bridge at Horn Rapids—Bonds—Account
created in highway bond retirement fund—Deposit of
revenue—Pledge of excise taxes—Repayment procedure—Legislative covenant.
47.56.751 Columbia river bridge at Horn Rapids—Operation by department of transportation—Amount and duration of
tolls—Use of motor vehicle fund moneys—Priority of
payments—Trust fund—Covenants by state finance
committee.
47.56.752 Columbia river bridge at Horn Rapids—Toll revenue trust
fund—Transfer of surplus moneys.
[Title 47 RCW—page 168]
47.56.753
Columbia river bridge at Horn Rapids—Repayment of motor
vehicle fund money—Continuation of tolls.
47.56.754 Columbia river bridge at Horn Rapids—Ferries, urban
arterials, Spokane river toll bridges, bonds—Lien against
fuel tax revenues.
47.56.755 Columbia river bridge at Horn Rapids—When toll free—
Conveyance to city or counties.
47.56.756 Additional bridge at Columbia Point authorized.
47.56.760 First Avenue South bridge in Seattle—Study by commission—Bonds, tolls—Additional funding.
47.56.761 First Avenue South bridge in Seattle—Study by city—
Tolls—Revenues.
47.56.770 Refunding bonds—Authorized.
47.56.771 Refunding bonds—General obligation—Signatures, negotiability—Payment of principal and interest—Pledge of
excise taxes.
47.56.772 Refunding bonds—Liquidation of existing bond funds.
47.56.773 Refunding bonds—Repayment to Puget Sound capital construction account.
47.56.774 Various bond issues—Charge against fuel tax revenues.
Bridges across navigable waters: RCW 79.91.090 through 79.91.120.
Port districts, toll facilities: Chapter 53.34 RCW.
Toll bridge bonds authorized, adjoining counties: RCW 36.76.140.
Traffic violations and unlawful acts on toll facility or ferry: RCW
46.61.690.
Viaducts, bridges, elevated roadways, tunnels, etc., authority of cities to
construct: Chapter 35.85 RCW.
47.56.010 Definitions. As used in this chapter:
(1) "Toll bridge" means a bridge constructed or acquired
under this chapter, upon which tolls are charged, together
with all appurtenances, additions, alterations, improvements,
and replacements thereof, and the approaches thereto, and all
lands and interests used therefor, and buildings and improvements thereon.
(2) "Toll road" means any express highway, superhighway, or motorway at such locations and between such
termini as may be established by law, and constructed or to
be constructed as a limited access highway under the
provisions of this chapter by the department, and shall
include, but not be limited to, all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches,
toll houses, service areas, service facilities, communications
facilities, and administration, storage, and other buildings
that the department may deem necessary for the operation of
the project, together with all property, rights, easements, and
interests that may be acquired by the department for the
construction or the operation of the project, all of which
shall be conducted in the same manner and under the same
procedure as provided for the establishing, constructing,
operating, and maintaining of toll bridges by the department,
insofar as those procedures are reasonably consistent and
applicable.
(3) "1950 Tacoma Narrows bridge" means the bridge
crossing the Tacoma Narrows that was opened to vehicle
travel in 1950. [2002 c 114 § 2; 1984 c 7 § 246; 1961 c 13
§ 47.56.010. Prior: 1953 c 220 § 1; 1937 c 173 § 1, part;
RRS § 6524-1, part.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.030 Powers and duties regarding toll facilities—Purchasing. (1) Except as permitted under chapter
47.46 RCW:
(2002 Ed.)
State Toll Bridges, Tunnels, and Ferries
(a) The department of transportation shall have full
charge of the construction of all toll bridges and other toll
facilities including the Washington state ferries, and the
operation and maintenance thereof.
(b) The transportation commission shall determine and
establish the tolls and charges thereon, and shall perform all
duties and exercise all powers relating to the financing,
refinancing, and fiscal management of all toll bridges and
other toll facilities including the Washington state ferries,
and bonded indebtedness in the manner provided by law.
(c) The department shall have full charge of design of
all toll facilities.
(d) Except as provided in this section, the department
shall proceed with the construction of such toll bridges and
other facilities and the approaches thereto by contract in the
manner of state highway construction immediately upon
there being made available funds for such work and shall
prosecute such work to completion as rapidly as practicable.
The department is authorized to negotiate contracts for any
amount without bid under (d)(i) and (ii) of this subsection:
(i) Emergency contracts, in order to make repairs to
ferries or ferry terminal facilities or removal of such facilities whenever continued use of ferries or ferry terminal
facilities constitutes a real or immediate danger to the
traveling public or precludes prudent use of such ferries or
facilities; and
(ii) Single source contracts for vessel dry dockings,
when there is clearly and legitimately only one available
bidder to conduct dry dock-related work for a specific class
or classes of vessels. The contracts may be entered into for
a single vessel dry docking or for multiple vessel dry
dockings for a period not to exceed two years.
(2) The department shall proceed with the procurement
of materials, supplies, services, and equipment needed for
the support, maintenance, and use of a ferry, ferry terminal,
or other facility operated by Washington state ferries, in
accordance with chapter 43.19 RCW except as follows:
(a) Except as provided in (d) of this subsection, when
the secretary of the department of transportation determines
in writing that the use of invitation for bid is either not
practicable or not advantageous to the state and it may be
necessary to make competitive evaluations, including
technical or performance evaluations among acceptable
proposals to complete the contract award, a contract may be
entered into by use of a competitive sealed proposals
method, and a formal request for proposals solicitation.
Such formal request for proposals solicitation shall include
a functional description of the needs and requirements of the
state and the significant factors.
(b) When purchases are made through a formal request
for proposals solicitation the contract shall be awarded to the
responsible proposer whose competitive sealed proposal is
determined in writing to be the most advantageous to the
state taking into consideration price and other evaluation
factors set forth in the request for proposals. No significant
factors may be used in evaluating a proposal that are not
specified in the request for proposals. Factors that may be
considered in evaluating proposals include but are not limited to: Price; maintainability; reliability; commonality;
performance levels; life cycle cost if applicable under this
section; cost of transportation or delivery; delivery schedule
(2002 Ed.)
47.56.030
offered; installation cost; cost of spare parts; availability of
parts and service offered; and the following:
(i) The ability, capacity, and skill of the proposer to
perform the contract or provide the service required;
(ii) The character, integrity, reputation, judgment,
experience, and efficiency of the proposer;
(iii) Whether the proposer can perform the contract
within the time specified;
(iv) The quality of performance of previous contracts or
services;
(v) The previous and existing compliance by the
proposer with laws relating to the contract or services;
(vi) Objective, measurable criteria defined in the request
for proposal. These criteria may include but are not limited
to items such as discounts, delivery costs, maintenance
services costs, installation costs, and transportation costs; and
(vii) Such other information as may be secured having
a bearing on the decision to award the contract.
(c) When purchases are made through a request for
proposal process, proposals received shall be evaluated based
on the evaluation factors set forth in the request for proposal.
When issuing a request for proposal for the procurement of
propulsion equipment or systems that include an engine, the
request for proposal must specify the use of a life cycle cost
analysis that includes an evaluation of fuel efficiency. When
a life cycle cost analysis is used, the life cycle cost of a
proposal shall be given at least the same relative importance
as the initial price element specified in the request of
proposal documents. The department may reject any and all
proposals received. If the proposals are not rejected, the
award shall be made to the proposer whose proposal is most
advantageous to the department, considering price and the
other evaluation factors set forth in the request for proposal.
(d) If the department is procuring large equipment or
systems (e.g., electrical, propulsion) needed for the support,
maintenance, and use of a ferry operated by Washington
state ferries, the department shall proceed with a formal
request for proposal solicitation under this subsection (2)
without a determination of necessity by the secretary. [2002
c 114 § 19; 2001 c 59 § 1; 1995 1st sp.s. c 4 § 1; 1977 ex.s.
c 151 § 66; 1969 ex.s. c 180 § 3; 1961 c 278 § 8; 1961 c 13
§ 47.56.030. Prior: 1937 c 173 § 10; RRS § 6524-10.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Effective date—1995 1st sp.s. c 4: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
immediately [June 14, 1995]." [1995 1st sp.s. c 4 § 4.]
47.56.032 Authority of department and commission
relating to state ferries. All powers vested in the toll
bridge authority as of September 21, 1977, relating to the
acquiring, operating, extending, designing, constructing,
repairing, and maintenance of the Washington state ferries or
any part thereof and the collecting of tolls and charges for
use of its facilities, shall be performed by the department.
The commission shall determine all fares, tolls, and other
charges for its facilities and shall directly perform all duties
and exercise all powers relating to financing, refinancing,
and fiscal management of the system’s bonded indebtedness
in the manner provided by law. [1984 c 7 § 247; 1961 c
278 § 9.]
[Title 47 RCW—page 169]
47.56.032
Title 47 RCW: Public Highways and Transportation
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.040 Toll bridges authorized—Investigations.
The department is empowered, in accordance with the
provisions of this chapter, to provide for the establishment
and construction of toll bridges upon any public highways of
this state together with approaches thereto wherever it is
considered necessary or advantageous and practicable for
crossing any stream, body of water, gulch, navigable water,
swamp, or other topographical formation whether that formation is within this state or constitutes a boundary between
this state and an adjoining state or country. The necessity or
advantage and practicability of any such toll bridge shall be
determined by the department, and the feasibility of financing any toll bridge in the manner provided by this chapter
shall be a primary consideration and determined according
to the best judgment of the department. For the purpose of
obtaining information for the consideration of the department
upon the construction of any toll bridge or any other matters
pertaining thereto, any cognizant officer or employee of the
state shall, upon the request of the department, make
reasonable examination, investigation, survey, or reconnaissance for the determination of material facts pertaining
thereto and report this to the department. The cost of any
such examination, investigation, survey, or reconnaissance
shall be borne by the department or office conducting these
activities from the funds provided for that department or
office for its usual functions. [1984 c 7 § 248; 1961 c 13 §
47.56.040. Prior: 1937 c 173 § 3; RRS § 6524-3; prior:
1913 c 56 § 2; RRS § 6525.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.042 State boundary bridges—Investigations—
Agreements with counties or states. The department is
authorized to enter into agreements with any county of this
state and/or with an adjoining state or county thereof for the
purpose of implementing an investigation of the feasibility
of any toll bridge project for the bridging of a river forming
a portion of the boundary of this state, and the adjoining
state. The department may use funds available to it to carry
out the purposes of this section. These agreements may
provide that if any such project is determined to be feasible
and is adopted, any advancement of funds by any state or
county may be reimbursed out of any proceeds derived from
the sale of bonds or out of tolls and revenues to be derived
from the project. [1984 c 7 § 249; 1961 c 13 § 47.56.042.
Prior: 1955 c 203 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.050 Purchase of bridges and ferries authorized—Provisions applicable. (1) The department, whenever it is considered necessary or advantageous and practicable,
is empowered to provide for the acquisition by purchase of,
and to acquire by purchase (a) any bridge or bridges or
ferries which connect with or may be connected with the
public highways of this state (b) together with approaches
thereto.
(2) In connection with the acquisition by purchase of
any bridge or bridges or ferries under subsection (1) of this
section, the department, the state treasurer, any city, county,
or other political subdivision of this state, and all of their officers:
[Title 47 RCW—page 170]
(a) Are empowered and required to do all acts and
things provided for in this chapter to establish and construct
toll bridges and operate, finance, and maintain such bridges
insofar as the powers and requirements are applicable to the
purchase of any bridge or bridges or ferries and their
operation, financing, and maintenance; and
(b) In purchasing, operating, financing, and maintaining
any bridge or bridges or ferries acquired or to be acquired by
purchase under this section, shall act in the same manner and
under the same procedures as are provided in this chapter to
establish, construct, operate, finance, and maintain toll
bridges insofar as such manner and procedure are applicable
to the purchase of any bridge or bridges or ferries and their
operation, financing, and maintenance.
(3) Without limiting the generality of the provisions
contained in subsections (1) and (2) of this section, the
department is empowered: (a) To cause surveys to be made
for the purpose of investigating the propriety of acquiring by
purchase any such bridge or bridges or ferries and the right
of way necessary or proper for that bridge or bridges or
ferries, and other facilities necessary to carry out the
provisions of this chapter; (b) to issue, sell, and redeem
bonds, and to deposit and pay out the proceeds of the bonds
for the financing thereof; (c) to collect, deposit, and expend
tolls therefrom; (d) to secure and remit financial and other
assistance in the purchase thereof; and (e) to carry insurance
thereon.
(4) The provisions of RCW 47.56.220 apply when any
bridge or bridges or ferries are acquired by purchase pursuant to this section. [1984 c 7 § 250; 1973 c 106 § 25; 1961
c 13 § 47.56.050. Prior: 1945 c 266 § 1; Rem. Supp. 1945
§ 6524-3a.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.060 Toll bridges—General powers of department and officials—Financial statements. The department,
the officials thereof, and all other state officials are empowered to act and make agreements consistent with law as may
be necessary or desirable in connection with the duties and
powers conferred upon them respectively by law regarding
the construction, maintenance, operation, and insurance of
toll bridges or the safeguarding of the funds and revenues
required for such construction and the payment of the
indebtedness incurred therefor. The department shall keep
full, complete, and separate accounts of each toll bridge, and
annually shall prepare balance sheet and income and profit
and loss statements showing the financial condition of each
such toll bridge, which statement shall be open at all
reasonable times to the inspection of holders of bonds issued
by the department. [1984 c 7 § 251; 1961 c 13 § 47.56.060.
Prior: 1937 c 173 § 17; RRS § 6524-17.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.070 Toll facilities authorized—Provisions
applicable—Restrictions. The department of transportation
may, with the approval of the transportation commission,
provide for the establishment, construction, and operation of
toll tunnels, toll roads, and other facilities necessary for their
construction and connection with public highways of the
state. It may cause surveys to be made to determine the
propriety of their establishment, construction, and operation,
(2002 Ed.)
State Toll Bridges, Tunnels, and Ferries
and may acquire rights of way and other facilities necessary
to carry out the provisions hereof; and may issue, sell, and
redeem bonds, and deposit and expend them; secure and
remit financial and other assistance in the construction
thereof; carry insurance thereon; and handle any other
matters pertaining thereto, all of which shall be conducted in
the same manner and under the same procedure as provided
for the establishing, constructing, operating, and maintaining
of toll bridges by the department, insofar as reasonably
consistent and applicable. No toll facility, toll bridge, toll
road, or toll tunnel, shall be combined with any other toll
facility for the purpose of financing unless such facilities
form a continuous project, to the end that each such facility
or project be self-liquidating and self-sustaining. [1977 ex.s.
c 151 § 67; 1961 c 13 § 47.56.070. Prior: 1953 c 220 § 3;
1937 c 173 § 3 1/2; RRS § 6524-3 1/2.]
47.56.075 Toll roads, facilities—Legislative authorization or regional or local sponsorship required. The
department shall approve for construction only such toll
roads as the legislature specifically authorizes or such toll
facilities as are specifically sponsored by a regional transportation investment district, city, town, or county. [2002 c 56
§ 404; 1984 c 7 § 252; 1961 c 13 § 47.56.075. Prior: 1953
c 220 § 7.]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.076 Regional transportation investment
district—May impose tolls—Approval by the voters.
Upon approval of a majority of the voters within its boundaries voting on the ballot proposition, and only for the
purposes authorized in RCW 36.120.050(1)(f), a regional
transportation investment district may impose vehicle tolls on
state routes where improvements financed in whole or in part
by a regional transportation investment district add additional
lanes to, or reconstruct lanes on, a highway of statewide
significance. The department shall administer the collection
of vehicle tolls on designated facilities unless otherwise
specified in law, and the state transportation commission, or
its successor, shall be the tolling authority. [2002 c 56 §
403.]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
47.56.077 Concessions to operate private business
on toll road prohibited. The department shall not grant
concessions for the operation or establishment of any
privately owned business upon toll road rights of way.
[1984 c 7 § 253; 1961 c 13 § 47.56.077. Prior: 1953 c 220
§ 8.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.080 Construction of toll bridges and issuance
of bonds authorized. Whenever in the judgment of the
transportation commission it is considered in the best interest
of the public highways of the state that any new toll bridge
or bridges be constructed upon any public highway and
across any stream, body of water, gulch, navigable water,
swamp, or other topographical formation and operated by the
(2002 Ed.)
47.56.070
state the commission shall adopt a resolution declaring that
public interest and necessity require the construction of such
toll bridge or bridges and authorizing the issuance of revenue
bonds for the purpose of obtaining funds in an amount not
in excess of that estimated to be required for such construction. The issuance of bonds as provided in this chapter for
the construction of more than one toll bridge may at the
discretion of the commission be included in the same
authority and issue of bonds. [1977 ex.s. c 151 § 68; 1961
c 13 § 47.56.080. Prior: 1937 c 173 § 6; RRS § 6524-6.]
47.56.090 Authority to acquire right of way in
constructing a toll bridge. The department of transportation is empowered to secure right of way for toll bridges and
for approaches thereto by gift or purchase, or by condemnation in the manner provided by law for the taking of private
property for public highway purposes. [1977 ex.s. c 151 §
69; 1961 c 13 § 47.56.090. Prior: 1937 c 173 § 5; RRS §
6524-5.]
47.56.100 Toll bridges—Right of way across state
highways and political subdivisions—Compensation. The
right of way is hereby given, dedicated, and set apart upon
which to locate, construct, and maintain bridges or approaches thereto or other highway crossings, and transportation facilities thereof or thereto, through, over, or across any state
highways, and through, over, or across the streets, alleys,
lanes, and roads within any city, county, or other political
subdivision of the state. If any property belonging to any
city, county, or other political subdivision of the state is
required to be taken for the construction of any bridge or approach thereto, or if any such property is injured or damaged
by such construction, compensation therefor as may be
proper or necessary and as agreed upon may be paid by the
department to the particular county, city, or other political
subdivision of the state owning the property, or condemnation proceedings may be brought for the determination of the
compensation. [1984 c 7 § 254; 1977 ex.s. c 103 § 4; 1961
c 13 § 47.56.100. Prior: 1937 c 173 § 16; RRS § 6524-16.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.110 Toll bridges—Resolution of necessity in
acquiring right of way—Effect of. Before the department
proceeds with any action to secure a right of way or with
construction of any toll bridge under the provisions of this
chapter, the commission shall first pass a resolution that
public interest and necessity require the acquisition of right
of way for and the construction of the toll bridge. The
resolution is conclusive evidence (1) of the public necessity
of such construction; (2) that the property is necessary
therefor; and (3) that the proposed construction is planned or
located in a manner which will be most compatible with the
greatest public good and the least private injury. When it
becomes necessary for the department to condemn any real
estate to be used in connection with any such bridge, the
attorney general of the state shall represent the department.
In eminent domain proceedings to acquire property for any
of the purposes of this chapter, any toll bridge, real property,
personal property, franchises, rights, easements, or other
property or privileges appurtenant thereto appropriated or
dedicated to a public use or purpose by any person, firm,
[Title 47 RCW—page 171]
47.56.110
Title 47 RCW: Public Highways and Transportation
private, public, or municipal corporation, county, city, town,
district, or any political subdivision of the state, may be
condemned and taken, and the acquisition and use as
provided in this chapter for the same public use or purpose
to which the property has been so appropriated or dedicated,
or for any other public use or purpose, is a superior and
permanent right and necessity, and a more necessary use and
purpose than the public use or purpose to which the property
has already been appropriated or dedicated. It is not
necessary in any eminent domain proceedings under this
chapter to plead or prove any acts or proceedings preliminary or prior to the adoption of the resolution hereinbefore
referred to describing the property sought to be taken and
directing such proceedings. [1984 c 7 § 255; 1961 c 13 §
47.56.110. Prior: 1937 c 173 § 11; RRS § 6524-11.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.120 Toll bridges—Construction directed—
Costs. In the event that the transportation commission
should determine that any toll bridge should be constructed,
all cost thereof including right of way, survey, and engineering shall be paid out of any funds available for payment
of the cost of such toll bridge under this chapter. [1977
ex.s. c 151 § 70; 1961 c 13 § 47.56.120. Prior: 1937 c 173
§ 4; RRS § 6524-4.]
47.56.130 Toll bridges—Bonds—Cooperative funds
from state and federal government. The department is
hereby empowered to issue bonds for the construction of any
toll bridge or toll bridges authorized under the provisions of
this chapter. Any and all bonds issued for the construction
of any toll bridge or toll bridges under the authority of the
department shall be issued in the name of the department,
shall constitute obligations only of the department, shall be
identified as . . . . . . toll bridge bonds, and shall contain a
recital on the face thereof that the payment or redemption of
the bonds and the payment of the interest thereon is secured
by a direct and exclusive charge and lien upon the tolls and
other revenues of any nature whatever received from the
operation of the particular toll bridge or bridges for the
construction of which the bonds are issued and that neither
the payment of the principal or any part thereof nor of the
interest thereon or any part thereof constitutes a debt,
liability, or obligation of the state of Washington. The
department is empowered to receive and accept funds from
the state of Washington or the federal government upon a
cooperative or other basis for the construction of any toll
bridge authorized under this chapter and is empowered to
enter into such agreements with the state of Washington or
the federal government as may be required for the securing
of such funds. [1984 c 7 § 256; 1961 c 13 § 47.56.130.
Prior: 1937 c 173 § 7; RRS § 6524-7.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.140 Toll bridges, bonds—Form, contents,
manner of sale—Interim bonds. The revenue bonds may
be issued and sold by the department of transportation from
time to time and in such amounts as it deems necessary to
provide sufficient funds for the construction of the bridge,
and to pay interest on outstanding bonds issued for its
[Title 47 RCW—page 172]
construction during the period of actual construction and for
six months after completion thereof.
The department of transportation shall determine the
form, conditions, and denominations of the bonds, and the
maturity dates which the bonds to be sold shall bear and the
interest rate thereon. All bonds of the same issue need not
bear the same interest rate. Principal and interest of the
bonds may be payable at such place as determined by the
department. They may be in any form including bearer
bonds or registered bonds as provided in RCW 39.46.030,
with interest payable at such times as determined by the
department, and shall mature at such times and in such
amounts as the department prescribes. The department may
provide for the retirement of the bonds at any time prior to
maturity, and in such manner and upon payment of such
premiums as it may determine in the resolution providing for
the issuance of the bonds. All such bonds shall be signed by
the state auditor and countersigned by the governor and any
interest coupons appertaining thereto shall bear the signature
of the state auditor. The countersignature of the governor on
such bonds and the signature of the state auditor on any
coupons may be their printed or lithographed facsimile
signatures. Successive issues of such bonds within the limits
of the original authorization shall have equal preference with
respect to the redemption thereof and the payment of interest
thereon. The department may fix different maturity dates,
serially or otherwise, for successive issues under any one
original authorization. The bonds shall be negotiable
instruments under the law merchant. All bonds issued and
sold hereunder shall be sold on sealed bids to the highest
and best bidder after such advertising for bids as the department deems proper. The department may reject any and all
bids and may thereafter sell the bonds at private sale under
such terms and conditions as it deems most advantageous to
its own interests; but not at a price below that of the best bid
which was rejected. The department may contract loans and
borrow money through the sale of bonds of the same
character as those herein authorized, from the United States
or any agency thereof, upon such conditions and terms as
may be agreed to and the bonds shall be subject to all the
provisions of this chapter, except the requirement that they
be first offered at public sale.
Temporary or interim bonds, certificates, or receipts, of
any denomination, and with or without coupons attached,
signed by the state auditor, may be issued and delivered until
bonds are executed and available for delivery. [1983 c 167
§ 118; 1970 ex.s. c 56 § 62; 1969 ex.s. c 232 § 33; 1963
ex.s. c 3 § 45; 1961 c 13 § 47.56.140. Prior: 1953 c 79 §
1; 1937 c 173 § 8; RRS § 6524-8.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
47.56.150 Toll bridges—Bond proceeds and toll
revenues, disposition of—Construction fund—
Disbursement—Investment. The proceeds from the sale of
all bonds authorized under the provisions of this chapter
shall be paid to the state treasurer for the credit of the
department and be deposited as demand deposits forthwith
in such depositary or depositaries as may be authorized by
(2002 Ed.)
State Toll Bridges, Tunnels, and Ferries
law to receive deposits of state funds to the credit of a fund
to be designated as the construction fund of the particular
toll bridge or toll bridges for which such bonds were issued
and sold, which fund shall not be a state fund and shall at all
times be kept segregated and set apart from all other funds
and in trust for the purposes herein set out. Such proceeds
shall be paid out or disbursed solely for the construction of
such toll bridge or toll bridges, the acquisition of the
necessary lands and easements therefor and the payment of
interest on such bonds during the period of actual construction and for a period of six months thereafter, only as the
need therefor shall arise. The department may agree with
the purchaser of the bonds upon any conditions or limitations
restricting the disbursement of such funds that may be
deemed advisable, for the purpose of assuring the proper
application of such funds. All moneys in such fund and not
required to meet current construction costs of the toll bridge
or toll bridges for which such bonds were issued and sold,
and all funds constituting surplus revenues that are not
immediately needed for the particular object or purpose to
which they must be applied or are pledged shall be invested
in bonds and obligations of the nature eligible for investment
of surplus state moneys: PROVIDED, That the department
may provide in the proceedings authorizing the issuance of
these bonds that the investment of such moneys shall be
made only in particular bonds and obligations within the
classifications eligible for such investment, and such provisions shall thereupon be binding upon the department and all
officials having anything to do with the investment. Any
surplus which may exist in the construction fund shall be
applied to the retirement of bonds issued for the construction
of such toll bridge or toll bridges by purchase or call. If
these bonds cannot be purchased at a price satisfactory to the
department and are not by their terms callable prior to
maturity, the surplus shall be paid into the fund applicable to
the payment of principal and interest of the bonds and shall
be used for that purpose. The proceedings authorizing the
issuance of bonds may provide limitations and conditions
upon the time and manner of applying the surplus to the
purchase and call of outstanding bonds and the terms upon
which they shall be purchased or called. Such limitations
and conditions shall be followed and observed in the
application and use of the surplus. All bonds so retired by
purchase or call shall be immediately canceled. [1984 c 7
§ 257; 1961 c 13 § 47.56.150. Prior: 1937 c 173 § 14, part;
RRS § 6524-14, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.160 Toll bridges—Toll revenue fund. All tolls
or other revenues received from the operation of any toll
bridge or toll bridges constructed with the proceeds of bonds
issued and sold hereunder shall be paid over by the department to the state treasurer. The treasurer shall deposit them
forthwith as demand deposits in a depositary or depositaries
authorized by law to receive deposits of state funds. The
deposit shall be made to the credit of a special trust fund
designated as the toll revenue fund of the particular toll
bridge or toll bridges producing the tolls or revenue, which
fund shall be a trust fund and shall at all times be kept
segregated and set apart from all other funds. [1984 c 7 §
(2002 Ed.)
47.56.150
258; 1961 c 13 § 47.56.160. Prior: 1937 c 173 § 14, part;
RRS § 6524-14, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.165 Tacoma Narrows toll bridge account. A
special account to be known as the Tacoma Narrows toll
bridge account is created in the motor vehicle fund in the
state treasury.
(1) Deposits to the account must include:
(a) All proceeds of bonds issued for construction of the
Tacoma Narrows public-private initiative project, including
any capitalized interest;
(b) All of the toll charges and other revenues received
from the operation of the Tacoma Narrows bridge as a toll
facility, to be deposited at least monthly; and
(c) Any interest that may be earned from the deposit or
investment of those revenues.
(2) Proceeds of bonds shall be used consistent with
RCW 47.46.130, including the reimbursement of expenses
and fees incurred under agreements entered into under RCW
47.46.040 as required by those agreements.
(3) Toll charges, other revenues, and interest may be
used to:
(a) Pay any required costs of financing, operation,
maintenance, and management and necessary repairs of the
facility; and
(b) Repay amounts to the motor vehicle fund as required
under RCW 47.46.140.
(4) When repaying the motor vehicle fund under RCW
47.46.140, the state treasurer shall transfer funds from the
Tacoma Narrows toll bridge account to the motor vehicle
fund on or before each debt service date for bonds issued for
the Tacoma Narrows public-private initiative project in an
amount sufficient to repay the motor vehicle fund for
amounts transferred from that fund to the highway bond retirement fund to provide for any bond principal and interest
due on that date. The state treasurer may establish
subaccounts for the purpose of segregating toll charges, bond
sale proceeds, and other revenues. [2002 c 114 § 11.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.56.170 Toll bridges—Transfer of funds for bond
payments—Surplus funds. From the money deposited in
each separate construction fund under RCW 47.56.160, the
state treasurer shall transfer to the place or places of payment named in the bonds such sums as may be required to
pay the interest as it becomes due on all bonds sold and
outstanding for the construction of a particular toll bridge or
toll bridges during the period of actual construction and
during the period of six months immediately thereafter. The
state treasurer shall thereafter transfer from each separate toll
revenue fund to the place or places of payment named in the
bonds such sums as may be required to pay the interest on
the bonds and redeem the principal thereof as the interest
payments and bond redemption become due for all bonds
issued and sold for the construction of the particular toll
bridge or toll bridges producing the tolls or revenues so
deposited in the toll revenue fund. All funds so transferred
for the payment of principal or interest on bonds issued for
any particular toll bridge shall be segregated and applied
[Title 47 RCW—page 173]
47.56.170
Title 47 RCW: Public Highways and Transportation
solely for the payment of that principal or interest. The
proceedings authorizing the issuance of bonds may provide
for setting up a reserve fund or funds out of the tolls and
other revenues not needed for the payment of principal and
interest, as the same currently matures and for the preservation and continuance of the fund in a manner to be provided
therein. The proceedings may also require the immediate
application of all surplus moneys in the toll revenue fund to
the retirement of the bonds prior to maturity, by call or purchase, in such manner and upon such terms and the payment
of such premiums as may be deemed advisable in the
judgment of the department.
The moneys remaining in each separate toll revenue
fund after providing the amount required for interest and
redemption of bonds as provided in this section shall be held
and applied as provided in the proceedings authorizing the
issuance of the bonds. If the proceedings authorizing the
issuance of the bonds do not require surplus revenues to be
held or applied in any particular manner, they shall be
allocated and used for such other purposes incidental to the
construction, operation, and maintenance of the toll bridge or
bridges as the department may determine. [1984 c 7 § 259;
1961 c 13 § 47.56.170. Prior: 1937 c 173 § 14, part; RRS
§ 6524-14, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.180 Toll bridges—Payments made by warrants on vouchers—Interest on deposits. Warrants for
payments to be made on account of the bonds shall be duly
drawn by the state treasurer on vouchers approved by the
department.
Moneys required to meet the costs of construction and
all expenses and costs incidental to the construction of any
particular toll bridge or toll bridges or to meet the costs of
operating, maintaining, and repairing the bridge or bridges
shall be paid from the proper fund therefor by the state
treasurer upon vouchers approved by the department.
All interest received or earned on money deposited in
each and every fund provided for in this chapter shall be
credited to and become a part of the particular fund upon
which the interest accrues. [1984 c 7 § 260; 1973 c 106 §
26; 1961 c 13 § 47.56.180. Prior: 1937 c 173 § 14, part;
RRS § 6524-14, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.190 Toll bridges—Agreement on deposit of
funds. The department may provide in the proceedings
authorizing the issuance of bonds or may otherwise agree
with the purchasers of bonds regarding the deposit of all
moneys constituting the construction fund and the toll
revenue fund and provide for the deposit of the money at
such times and with such depositaries or paying agents and
upon the furnishing of security as meets with the approval of
the purchasers of the bonds so long as the depositaries and
security provided for or agreed upon are qualified and eligible in accordance with the requirements of law. [1984 c
7 § 261; 1961 c 13 § 47.56.190. Prior: 1937 c 173 § 14,
part; RRS § 6524-14, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 47 RCW—page 174]
47.56.200 Toll bridges—Use of bond proceeds and
revenue for expenses. Notwithstanding anything contained
in this chapter, the proceeds received from the sale of bonds
and the tolls or other revenues received from the operation
of any toll bridge or toll bridges may be used to defray any
expenses incurred by the department in connection with and
incidental to the issuance and sale of bonds for the construction of the toll bridge or toll bridges including expenses for
the preparation of surveys and estimates and making inspections and examinations required by the purchasers of the
bonds. In addition, the proceedings authorizing the issuance
of the bonds may contain appropriate provisions governing
the use and application of the bond proceeds and toll or
other revenues for the purposes herein specified. [1984 c 7
§ 262; 1961 c 13 § 47.56.200. Prior: 1937 c 173 § 14, part;
RRS § 6524-14, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.210 Toll bridges—Remedies of bond holders.
While any bonds issued by the department under this chapter
remain outstanding, the powers, duties, or existence of the
department or of any other official or agency of the state
shall not be diminished or impaired in any manner that will
affect adversely the interests and rights of the holders of
such bonds. The holder of any bond may by mandamus or
other appropriate proceeding require and compel the performance of any of the duties imposed upon any state department, official, or employee, or imposed upon the department
or its officers, agents, and employees in connection with the
construction, maintenance, operation, and insurance of any
bridge, and in connection with the collection, deposit,
investment, application, and disbursement of all tolls and
other revenues derived from the operation and use of any
bridge and in connection with the deposit, investment, and
disbursement of the proceeds received from the sale of
bonds. The enumeration of rights and remedies in this
section shall not be deemed to exclude the exercise or
prosecution of any other rights or remedies by the holders of
the bonds. [1984 c 7 § 263; 1961 c 13 § 47.56.210. Prior:
1937 c 173 § 18; RRS § 6524-18.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.220 Toll bridges—Limitations on other
service—Protection of outstanding bonds. Except as
otherwise provided in RCW 47.56.291, *47.56.714, and
47.56.756, as long as any of the bonds issued hereunder for
the construction of any toll bridge are outstanding and
unpaid, there shall not be erected, constructed, or maintained
any other bridge or other crossing over, under, through, or
across the waters over which such toll bridge is located or
constructed, connecting or joining directly or indirectly the
lands or extensions thereof or abutments thereon on both
sides of the waters spanned or crossed by such toll bridge
within a distance of ten miles from either side of such toll
bridge excepting bridges or other highway crossings actually
in existence and being maintained, or for which there was
outstanding an existing and lawfully issued franchise, at the
time of the location of such toll bridge and prior to the time
of the authorization of such bonds, and no ferry or other
similar means of crossing the said waters within the said
distance and connecting or plying directly or indirectly
(2002 Ed.)
State Toll Bridges, Tunnels, and Ferries
between the lands or extensions thereof or abutments thereon
on both sides of the waters spanned or crossed by such
bridge shall be maintained or operated or permitted or
allowed: PROVIDED, That ferries and other similar means
of crossing actually in existence and being maintained and
operated, or for which there was outstanding an existing and
lawfully issued franchise, at the time of the location of such
bridge and prior to the time of the authorization of such
bonds, may continue and be permitted to be operated and
maintained under such existing rights and franchises, or any
lawful renewal or extension thereof. The provisions of this
section shall be binding upon the state department of
transportation, the state of Washington, and all of its
departments, agencies, or instrumentalities as well as any and
all private, political, municipal, and public corporations and
subdivisions, including cities, counties, and other political
subdivisions, and the prohibitions of this section shall restrict
and limit the powers of the legislature of the state of
Washington in respect to the matters herein mentioned as
long as any of such bonds are outstanding and unpaid and
shall be deemed to constitute a contract to that effect for the
benefit of the holders of all such bonds. [1983 c 3 § 128;
1979 ex.s. c 212 § 19; 1979 c 131 § 8; 1961 c 13 §
47.56.220. Prior: 1937 c 173 § 13; RRS § 6524-13.]
*Reviser’s note: RCW 47.56.714 was repealed by 1990 c 42 § 403,
effective September 1, 1990.
Severability—1979 ex.s. c 212: See note following RCW 47.56.740.
47.56.230 Toll bridges—Insurance or indemnity
bonds authorized. When any toll bridge or bridges authorized under this chapter is being built by the department, the
department may carry or cause to be carried an amount of
insurance or indemnity bond or bonds as protection against
loss or damage as the department may deem proper. The
department is hereby further empowered to carry such an
amount of insurance to cover any accident or destruction in
part or in whole to any toll bridge or toll bridges until all
bonds sold for the construction of the toll bridge or toll
bridges and interest accrued thereon have been fully redeemed and paid. All moneys collected on any indemnity
bond or insurance policy as the result of any damage or
injury to the toll bridge or toll bridges shall be used for the
purpose of repairing or rebuilding the toll bridge or toll
bridges as long as there are revenue bonds against any such
structure outstanding and unredeemed. The department is
also empowered to carry insurance or indemnity bonds
insuring against the loss of tolls or other revenues to be
derived from any such toll bridge or bridges by reason of
any interruption in the use of the toll bridge or toll bridges
from any cause whatever, and the proceeds of the insurance
or indemnity bonds shall be paid into the fund into which
the tolls and other revenues of the bridge thus insured are
required to be paid and shall be applied to the same purposes
and in the same manner as other moneys in the fund. The
insurance or indemnity bonds may be in an amount equal to
the probable tolls and other revenues to be received from the
operation of the toll bridge or toll bridges during any period
of time that may be determined by the department and fixed
in its discretion, and be paid for out of the toll revenue fund
as may be specified in the proceedings. The department
may provide in the proceedings authorizing the issuance of
(2002 Ed.)
47.56.220
bonds for the carrying of insurance as authorized by this
chapter, and the purchase and carrying of insurance as
authorized by this chapter, and the purchase and carrying of
such insurance shall thereupon be obligatory upon the
department and be paid for out of the toll revenue fund as
may be specified in the proceedings. [1984 c 7 § 264; 1961
c 13 § 47.56.230. Prior: 1937 c 173 § 15; RRS § 6524-15.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.240 Toll bridges—Fixing of toll rates authorized—Lien of bonds on revenue. The commission is
hereby empowered to fix the rates of toll and other charges
for all toll bridges built under the terms of this chapter. Toll
charges so fixed may be changed from time to time as
conditions warrant. The commission, in establishing toll
charges, shall give due consideration to the cost of operating
and maintaining such toll bridge or toll bridges including the
cost of insurance, and to the amount required annually to
meet the redemption of bonds and interest payments on
them. The tolls and charges shall be at all times fixed at
rates to yield annual revenue equal to annual operating and
maintenance expenses including insurance costs and all
redemption payments and interest charges of the bonds
issued for any particular toll bridge or toll bridges as the
bonds become due. The bond redemption and interest
payments constitute a first direct and exclusive charge and
lien on all such tolls and other revenues and interest thereon.
Sinking funds created therefrom received from the use and
operation of the toll bridge or toll bridges, and such tolls and
revenues together with the interest earned thereon shall
constitute a trust fund for the security and payment of such
bonds and shall not be used or pledged for any other purpose
as long as any of these bonds are outstanding and unpaid.
[1984 c 7 § 265; 1961 c 13 § 47.56.240. Prior: 1937 c 173
§ 9; RRS § 6524-9.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.242 Liquidation and closure of facility
accounts upon removal of tolls—Transfer to motor
vehicle fund. The department is authorized to liquidate and
close toll facility trust and other facility accounts established
outside the state treasury under chapter 47.56 RCW after the
removal of tolls from the facility for which the accounts
were established. Any balance remaining in the accounts
shall thereupon be transferred to the motor vehicle fund. In
addition, the department may, after the removal of tolls from
a particular facility or facilities, require that all moneys
transferred to the place of payment named in the revenue
bonds, for the purpose of paying principal or interest or for
redemption of the bonds not then expended for such purpose,
be returned to the state treasurer for deposit in the motor
vehicle fund. [1984 c 7 § 266; 1967 ex.s. c 145 § 48.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.243 Liquidation and closure of facility
accounts upon removal of tolls—Satisfaction of claims.
After transfer of such moneys pursuant to RCW 47.56.242,
all valid claims against such accounts, including proper
claims for refunds for unused commute media and other
prepaid toll fees, may be satisfied, and any outstanding
bonds or any coupons may be redeemed by payment from
[Title 47 RCW—page 175]
47.56.243
Title 47 RCW: Public Highways and Transportation
the motor vehicle fund upon proper application to and
approval by the department of transportation.
Neither the provisions of this section nor of RCW
47.56.242 shall be construed to preclude any remedy
otherwise available to bond owners or coupon holders.
[1983 c 167 § 119; 1967 ex.s. c 145 § 49.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
47.56.245 Toll charges retained until costs paid.
The department shall retain toll charges on all existing and
future facilities until all costs of investigation, financing,
acquisition of property, and construction advanced from the
motor vehicle fund, and obligations incurred under RCW
47.56.250 and chapter 16, Laws of 1945 have been fully
paid.
(1) Except as provided in subsection (2) of this section,
with respect to every facility completed after March 19,
1953, costs of maintenance and operation shall be paid
periodically out of the revenues of the facility in which such
costs were incurred.
(2) Where a state toll facility is constructed under
chapter 47.46 RCW adjacent to or within two miles of an
existing bridge that was constructed under this chapter,
revenue from the toll facility may not be used to pay for
costs of maintenance on the existing bridge. [2002 c 114 §
23; 1984 c 7 § 267; 1965 ex.s. c 170 § 53; 1961 c 13 §
47.56.245. Prior: 1953 c 220 § 6.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.247 Credit permits for vehicular passage.
The department may issue permits for the passage of
vehicles on any or all of its toll bridges, toll tunnels, toll
roads, or for the Washington state ferry system on a credit
basis upon such terms and conditions as the department
deems proper. [1984 c 7 § 268; 1961 c 258 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1961 c 258: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1961 c 258 § 3.]
47.56.248 Credit permits for vehicular passage—
Cash deposit or bond—Revocation of permit. The
department may require the holder of the permit to furnish
to and maintain in force with the department a cash deposit
or a corporate surety bond. The department may require the
holder of the permit to increase the amount of cash bond, or
to furnish an additional surety bond, or may reduce the
amount of the cash bond or surety bond required, as the
amount of charges incurred and regularity of payment
warrant, or may revoke any permit granted for failure of the
holder to comply with any of its terms. [1984 c 7 § 269;
1961 c 258 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1961 c 258: See note following RCW 47.56.247.
47.56.250 Contributions by the state or political
subdivision—Bonds—Repayment. Whenever a proposed
[Title 47 RCW—page 176]
toll bridge, toll road, toll tunnel, or any other toll facility of
any sort is to be constructed, any city, county, or other
political subdivision located in relation to such facility so as
to benefit directly or indirectly thereby, may, either jointly
or separately, at the request of the transportation commission
advance or contribute money, or bonds, rights of way, labor,
materials, and other property toward the expense of building
the toll facility, and for preliminary surveys and the preparation of plans and estimates of cost therefor and other
preliminary expenses. Any such city, county, or other
political subdivision may, either jointly or separately, at the
request of the transportation commission advance or contribute money or bonds for the purpose of guaranteeing the
payment of interest or principal on the bonds issued by the
commission to finance the toll facility. Appropriations for
such purposes may be made from any funds available,
including county road funds received from or credited by the
state, or funds obtained by excess tax levies made pursuant
to law or the issuance of general obligation bonds for this
purpose. General obligation bonds issued by a city, county,
or political subdivision may with the consent of the commission be placed with the department of transportation to be
sold by the department to provide funds for such purpose.
Money, or bonds, or property so advanced or contributed
may be immediately transferred or delivered to the department to be used for the purpose for which contribution was
made. The commission may enter into an agreement with a
city, county, or other political subdivision to repay any
money, or bonds or the value of a right of way, labor,
materials, or other property so advanced or contributed. The
commission may make such repayment to a city, county, or
other political subdivision and reimburse the state for any
expenditures made by it in connection with the toll facility
out of tolls and other revenues for the use of the toll facility.
[1977 ex.s. c 151 § 71; 1961 c 13 § 47.56.250. Prior: 1959
c 162 § 1; 1955 c 166 § 1; 1937 c 173 § 12; RRS § 652412.]
47.56.253 Permits, leases, licenses to governmental
entities to use property of toll facility or ferry system. If
the department deems it in the public interest and not
inconsistent with the use and operation of the toll facility
involved, the department may on application therefor issue
a permit, lease, or license to the state, or to any city, county,
port district, or other political subdivision or municipal
corporation of the state to use any portion of the property of
any toll bridge, toll road, toll tunnel, or Washington state
ferry system upon such terms and conditions as the department may prescribe. [1984 c 7 § 270; 1961 c 257 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1961 c 257: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances is not affected." [1961 c 257 § 7.]
47.56.254 Sale of unneeded property—Authorized—
Rules. If the secretary of transportation determines that any
real property (including lands, improvements thereon, and
any interests or estates) originally acquired for toll facility
purposes is no longer required for purposes of the department, the department shall offer it for sale as authorized by
RCW 47.12.063 or 47.12.283. The department may adopt
(2002 Ed.)
State Toll Bridges, Tunnels, and Ferries
rules further implementing this section. [1979 ex.s. c 189 §
4; 1977 ex.s. c 151 § 72; 1973 1st ex.s. c 177 § 3; 1961 c
257 § 3.]
Effective date—1979 ex.s. c 189: See note following RCW
47.12.283.
Severability—1961 c 257: See note following RCW 47.56.253.
47.56.255 Sale of unneeded property—Certification
to governor—Execution, delivery of deed. When full
payment for real property agreed to be sold as authorized by
RCW 47.56.254 has been received, the department may
certify this fact to the governor, with a description of the
land and terms of the sale, and the governor may execute
and the secretary of state shall attest the deed and deliver it
to the grantee. [1984 c 7 § 271; 1973 1st ex.s. c 177 § 4;
1961 c 257 § 4.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1961 c 257: See note following RCW 47.56.253.
47.56.256 Franchises for utility, railway, urban
public transportation purposes. If the department deems
it not inconsistent with the use and operation of any department facility, the department may grant franchises to
persons, associations, private or municipal corporations, the
United States government, or any agency thereof, to use any
portion of the property of any toll bridge, toll road, toll
tunnel, or the Washington state ferry system, including
approaches thereto, for the construction and maintenance of
water pipes, flumes, gas pipes, telephone, telegraph, and
electric light and power lines and conduits, trams or railways, any structures or facilities that are part of an urban
public transportation system owned or operated by a municipal corporation, agency, or department of the state of
Washington other than the department of transportation, and
any other such facilities in the manner of granting franchises
on state highways. [1984 c 7 § 272; 1967 c 108 § 12; 1961
c 257 § 5.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1961 c 257: See note following RCW 47.56.253.
Urban public transportation system defined: RCW 47.04.082.
47.56.257 Deposit of moneys received under RCW
47.56.253 through 47.56.256. Any moneys received
pursuant to the provisions of RCW 47.56.253 through
47.56.256 shall be deposited into the separate and proper
trust fund with the state treasurer established for the respective toll facility. [1979 ex.s. c 189 § 5; 1961 c 257 § 6.]
Effective date—1979 ex.s. c 189: See note following RCW
47.12.283.
Severability—1961 c 257: See note following RCW 47.56.253.
47.56.270 Lake Washington and 1950 Tacoma
Narrows bridges part of primary highways. The Lake
Washington bridge and the 1950 Tacoma Narrows bridge in
chapter 47.17 RCW made a part of the primary state
highways of the state of Washington, shall, upon completion,
be operated, maintained, kept up, and repaired by the
department in the manner provided in this chapter, and the
cost of such operation, maintenance, upkeep, and repair shall
be paid from funds appropriated for the use of the department for the construction and maintenance of the primary
(2002 Ed.)
47.56.254
state highways of the state of Washington. This section does
not apply to that portion of the Tacoma Narrows bridge
facility first opened to traffic after June 13, 2002. [2002 c
114 § 20; 1983 c 3 § 129; 1961 c 13 § 47.56.270. Prior:
1939 c 5 § 4; RRS § 6524-3a.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.56.271 1950 Tacoma Narrows bridge toll-free—
Exception. Except as otherwise provided in this section, the
1950 Tacoma Narrows bridge hereinbefore by the provisions
of RCW 47.17.065 and 47.56.270 made a part of the primary
state highways of the state shall be operated and maintained
by the department as a toll-free facility at such time as the
bonded indebtedness relating to the construction of the 1950
Tacoma Narrows bridge is wholly retired and tolls equaling
the indebtedness of the toll bridge authority incurred for the
construction of the 1950 Tacoma Narrows bridge to the
county of Pierce have been collected. Toll charges may be
imposed upon the 1950 Tacoma Narrows bridge only if that
bridge is included as part of a public toll bridge facility that
includes an additional toll bridge adjacent to the 1950
Tacoma Narrows bridge and constructed under RCW
47.46.080. [2002 c 114 § 21; 1983 c 3 § 130; 1965 c 50 §
1.]
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
47.56.273 Fox Island toll bridge—Need for removal
of tolls. Present tolls on the Fox Island toll bridge have
retarded the development of Fox Island for residential
purposes because of the financial burden upon residents and
potential residents resulting from paying these tolls in
addition to those imposed upon the Narrows bridge. The
removal or readjustment of tolls from the Fox Island toll
bridge is required in the interest of the orderly development
of Fox Island. The development of Fox Island will provide
additional users of the Narrows bridge with a resultant
increase of revenue to the state from tolls due to such
additional use. [1961 c 13 § 47.56.273. Prior: 1957 c 270
§ 1.]
47.56.282 Additional Lake Washington bridge (1957
Act)—Revenue bonds—Toll charges and other support.
The authority is hereby authorized by resolution to issue and
sell its revenue bonds in an amount sufficient to provide
funds to pay all costs of construction of an additional Lake
Washington bridge and approaches and all costs of construction or any alterations to the existing Lake Washington
bridge or its approaches as a result of the construction of the
additional bridge, including but not limited to all costs of
survey, acquisition of rights of way, design, engineering, all
expenses of issuance and sale of such bonds, and to pay
interest on said bonds during construction and for six months
after tolls are first imposed.
Said revenue bonds shall constitute obligations only of
the Washington toll bridge authority and shall be payable
both principal and interest from the tolls and revenues
derived from the operation of said toll facility as hereinbefore constituted and from any other moneys or funds
available therefor. Said bonds shall not constitute an
[Title 47 RCW—page 177]
47.56.282
Title 47 RCW: Public Highways and Transportation
indebtedness of the state of Washington and shall contain a
recital on the face thereof to that effect, and shall be
negotiable instruments under the law merchant. Such bonds
shall include a covenant that the payment or redemption
thereof and the interest thereon are secured by a first and
direct charge and lien on all of the tolls and other revenues
received from the operation of said toll facility and from any
interest which may be earned from the deposit or investment
of any such revenues, except for payment of costs of
operation, maintenance and necessary repairs of said facility.
The tolls and charges to be imposed shall be fixed in such
amounts so that when collected they will produce revenues
that shall be at least equal to expenses of operating, maintaining and repairing said toll facility, including all insurance
costs, amounts for adequate reserves and coverage of annual
debt service on said bonds, and all payments necessary to
pay the principal thereof and interest thereon. [1965 ex.s. c
170 § 56; 1961 c 13 § 47.56.282. Prior: 1957 c 266 § 2.]
Reviser’s note: Powers, duties, and functions of toll bridge authority
transferred to department of transportation; see RCW 47.01.031. Term
"authority" means department of transportation; see RCW 47.04.015.
47.56.284 Additional Lake Washington bridge (1957
Act)—Continuous project—Authorization of other
additional bridges. The existing Lake Washington bridge,
the toll bridge authorized in chapter 266, Laws of 1957, and
any other bridge hereafter constructed across Lake Washington, are hereby construed and designated as a continuous
project within the terms and provisions of RCW 47.56.070;
and notwithstanding the provisions of RCW 47.56.220, the
department may authorize additional toll bridges across Lake
Washington at such times as traffic may warrant and at such
sites as deemed feasible. [1984 c 7 § 273; 1961 c 13 §
47.56.284. Prior: 1957 c 266 § 4.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.286 Additional Lake Washington bridge (1957
Act)—Interpretation. The provisions of chapter 47.56
RCW, except where inconsistent with RCW 47.56.282
through 47.56.286, shall govern and be controlling in all
matters and things necessary to carry out the purposes of
RCW 47.56.282 through 47.56.286. Nothing in RCW
47.56.282 through 47.56.286 is intended to amend, alter,
modify, or repeal any of the provisions of any statute
relating to the powers and duties of the department except as
such powers and duties are amplified or modified by the
specific provisions of RCW 47.56.282 through 47.56.286 for
the uses and purposes herein set forth. RCW 47.56.282
through 47.56.286 are additional to such existing statutes and
concurrent therewith. [1985 c 7 § 114; 1984 c 7 § 274;
1961 c 13 § 47.56.286. Prior: 1957 c 266 § 6.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.287 Second Lake Washington bridge—Use of
motor vehicle fund to pay deficits. To the extent that
revenues from the imposition of tolls and franchise fees for
use of the second Lake Washington bridge authorized and
constructed under the provisions of *RCW 47.56.281 are
insufficient to meet costs of maintenance and operation and
required payments of principal, interest, and other charges
incidental to the issuance, sale, and retirement of the bonds
[Title 47 RCW—page 178]
issued pursuant to the provisions of RCW 47.56.282 or on
any subsequent refunding bond issues, the department shall
use moneys in the motor vehicle fund to pay such deficits.
[1984 c 7 § 275; 1965 ex.s. c 170 § 54.]
*Reviser’s note: RCW 47.56.281 was decodified by 1984 c 7 § 387.
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.288 Second Lake Washington bridge—
Designation of funds to pay deficits—Pledge of excise tax
proceeds. Any funds required to pay such deficits shall be
from the proceeds of state excise taxes on motor vehicle
fuels and shall be taken from that portion of the motor
vehicle fund which is or may be appropriated for state
highway purposes, and shall never constitute a charge against
any allocations of such funds to counties, cities and towns
unless and until the amount of the motor vehicle fund arising
from the excise taxes on motor vehicle fuels and available
for state highway purposes proves insufficient to meet such
deficits.
The proceeds of such excise taxes are hereby pledged to
the payment of any such deficits in the costs of maintenance
and operation of the bridge and in the payment of principal
and interest which may arise on account of the bonds issued
under the provisions of RCW 47.56.282, and the legislature
hereby agrees to continue to impose the same excise taxes
on motor vehicle fuels in amounts sufficient to pay, when
due, such deficits. [1965 ex.s. c 170 § 55.]
47.56.290 Additional Lake Washington bridge (1953
Act)—Appropriation—Repayment from bond issue.
There is hereby appropriated from the motor vehicle fund to
the Washington toll bridge authority for the biennium ending
March 31, 1955, the sum of two hundred thousand dollars or
so much thereof as may be necessary to carry out the
provisions of chapter 192, Laws of 1953, which sum shall be
considered as a loan from the motor vehicle fund to be
repaid to said fund on the sale of bonds issued in connection
therewith. [1961 c 13 § 47.56.290. Prior: 1953 c 192 § 2.]
47.56.291 Additional Lake Washington bridge in
vicinity of first bridge—Design and construction authorized. Notwithstanding the provisions of RCW 47.56.220,
the Washington state highway commission is authorized to
design and construct an additional bridge across Lake
Washington at a site in the vicinity of the first Lake Washington bridge. [1965 ex.s. c 170 § 57.]
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term
"Washington state highway commission" means department of transportation; see RCW 47.04.015.
47.56.310 Additional Columbia river bridge—
Vancouver to Portland bridges—Cooperation with Oregon. The Washington toll bridge authority is hereby
authorized in conjunction with the Oregon state highway
commission, to erect an additional bridge or so much thereof
as may be agreed upon with the Oregon state highway
commission, including approaches thereto, across the
Columbia river adjacent to the existing interstate bridge
between Vancouver, Washington, and Portland, Oregon, and
to reconstruct and improve the said existing interstate bridge
(2002 Ed.)
State Toll Bridges, Tunnels, and Ferries
and its approaches or so much thereof as may be agreed
upon with the Oregon state highway commission. Such
additional bridge, together with the existing interstate bridge,
shall be an integral part of U.S. highway No. 99, and to the
Oregon boundary shall be a part of primary state highway
No. 1. All acts necessary to the design and construction of
said new bridge and approaches thereto and the reconstruction and alteration of the existing bridge and approaches
may be done and performed by either the Oregon state
highway commission or the Washington toll bridge authority
with the approval of the other or by both of them jointly.
[1961 c 13 § 47.56.310. Prior: 1955 c 152 § 1; 1953 c 132
§ 1.]
Reviser’s note: Powers, duties, and functions of toll bridge authority
transferred to department of transportation; see RCW 47.01.031. Term
"Washington toll bridge authority" means department of transportation; see
RCW 47.04.015.
47.56.320 Additional Columbia river bridge—Tolls.
The Washington toll bridge authority is authorized to enter
into an agreement with the Oregon state highway commission that the new bridge, including approaches, provided for
herein shall be merged and consolidated with the existing
interstate bridge, including its approaches, located between
Vancouver, Washington and Portland, Oregon so that both
bridges shall be and become a single toll facility.
The Washington toll bridge authority is hereby authorized to operate and to assume the full control of said toll
facility and each portion thereof, whether within or without
the borders of the state of Washington, with full power to
impose and collect tolls from the users of both bridges
constituting said toll facility for the purpose of providing
revenue at least sufficient to pay the cost and incidental
expenses of construction of the new bridge including
approaches thereto in both states, the reconstruction and
improvement of the existing interstate bridge including
approaches thereto in both states, the cost of maintaining,
operating and repairing both of said bridges while the same
are operated as said toll facility, and for the payment of the
principal of and interest on its revenue bonds authorized by,
and for the purposes set forth in, RCW 47.56.310 through
47.56.345. [1961 c 13 § 47.56.320. Prior: 1955 c 152 § 2;
1953 c 132 § 2.]
Reviser’s note: Powers, duties, and functions of toll bridge authority
transferred to department of transportation; see RCW 47.01.031. Term
"Washington toll bridge authority" means department of transportation; see
RCW 47.04.015.
47.56.330 Additional Columbia river bridge—
Agreements with Oregon authorized. The Washington toll
bridge authority and the Washington state highway commission are hereby authorized to enter into such agreements
with the Oregon state highway commission as they shall find
necessary or convenient to carry out the purposes of RCW
47.56.310 through 47.56.345.
Any such agreements may include, but shall not be
limited to, the following:
(1) A provision that all acts pertaining to the design and
construction of said new bridge and the reconstruction and
improvement of the existing interstate bridge may be done
and performed by the Oregon state highway commission or
the Washington toll bridge authority, with the approval of
(2002 Ed.)
47.56.310
the other, or by both, and that any and all contracts for the
construction of the new bridge and the reconstruction and
improvement of the existing bridge shall be awarded in the
name of the state of Oregon by and through its state highway commission or the state of Washington under direction
of the Washington toll bridge authority, or both: PROVIDED, That there shall be a further provision that each state
shall have full power to design and construct approaches to
each bridge within the respective boundaries of said state
with reimbursement from the proceeds of the sale of revenue
bonds to be issued.
(2) A provision that the state of Oregon, the Oregon
state highway commission, and any other duly constituted
agency of the state of Oregon, the state of Washington, the
Washington toll bridge authority, the Washington state
highway commission, and any other duly constituted agency
of the state of Washington shall be reimbursed out of the
proceeds of the sale of such bonds for any advances they
may have made or expenses they may have incurred for any
of the purposes for which said revenue bonds may be issued,
after duly verified, itemized statements of such advances and
expenses have been submitted to and jointly approved by the
Oregon state highway commission and Washington toll
bridge authority.
(3) A provision that during the period of operation of
said bridges and the approaches thereto as a toll facility all
maintenance and repair work may be performed by either the
Oregon state highway commission or by the Washington toll
bridge authority with a provision for reimbursement of the
costs of such maintenance and repair from revenue derived
from the collection of tolls on said toll facility.
Any such agreements shall include the following
provisions:
(1) A provision that the new bridge and approaches
provided for herein shall be consolidated and merged with
the existing interstate bridge and its approaches located
between Vancouver, Washington and Portland, Oregon so
that both bridges shall be and become a single toll facility.
(2) A provision that the Washington toll bridge authority
shall assume and have complete responsibility for the
operation of both bridges and approaches thereto as a single
toll facility except as to repair and maintenance, and with
full power in the Washington toll bridge authority to impose
and collect all toll charges from the users of said bridges and
to disburse the revenue derived therefrom for the payment of
expenses of maintenance and operation and repair thereof, all
costs of constructing said new bridge and reconstructing and
improving said existing bridge and all expenses incidental
thereto, and the payment of the principal of and the interest
on the revenue bonds herein provided for.
(3) A provision that the Washington toll bridge authority
shall provide for the issuance, sale and payment of revenue
bonds payable solely from the revenue derived from the
imposition and collection of tolls upon both bridges as a
single toll facility, and that such bonds shall be in such
amounts as to provide funds with which to pay the costs of
the design and construction of the proposed new bridge,
including the approaches thereto in both states and the costs
of acquisition of rights of way therefor, the reconstruction
and alteration of the existing bridge and approaches thereto,
expenses incident to the issuance of such bonds including the
payment of interest for the period beginning with the date of
[Title 47 RCW—page 179]
47.56.330
Title 47 RCW: Public Highways and Transportation
issuance thereof and ending at the expiration of six months
after tolls are first imposed, and a reasonable amount for
working capital and prepaid insurance, with the further
provision that any sale of the bonds to be issued shall be approved by the Oregon state highway commission.
(4) A provision that the Washington toll bridge authority, after consultation with the Oregon state highway commission, shall fix the classifications and amounts of tolls to be
charged and collected from users of said toll facility with
power after consultation with the Oregon state highway
commission to revise the same if deemed necessary, and the
time or times when such tolls shall first be imposed, with the
further provision that such toll charges shall be removed
after all costs of construction of the new bridge and approaches thereto and the reconstruction and improvement of
the existing bridge and approaches thereto, including all
incidental costs, shall have been paid, and all of said revenue
bonds, and interest thereon, issued and sold pursuant to the
authority of RCW 47.56.310 through 47.56.345 shall have
been fully paid and redeemed. [1961 c 13 § 47.56.330.
Prior: 1955 c 152 § 4; 1953 c 132 § 3.]
Reviser’s note: Powers, duties, and functions of toll bridge authority
and highway commission transferred to department of transportation; see
RCW 47.01.031. Terms "Washington toll bridge authority" and "Washington state highway commission" mean department of transportation; see
RCW 47.04.015.
47.56.340 Additional Columbia river bridge—When
toll free. Both the bridges herein provided for shall be
operated as toll-free bridges whenever the costs of construction of the new bridge and approaches thereto and the
reconstruction and improvement of the existing bridge and
approaches thereto, including all incidental costs shall have
been paid, and when all of said revenue bonds and interest
thereon issued and sold pursuant to the authority of RCW
47.56.310 through 47.56.345 shall have been fully paid and
redeemed. [1961 c 13 § 47.56.340. Prior: 1955 c 152 § 3;
1953 c 132 § 4.]
47.56.343 Additional Columbia river bridge—
Revenue bonds. The Washington toll bridge authority shall
have the power and is hereby authorized by resolution to
issue and sell its revenue bonds in an amount sufficient to
provide funds to pay all the costs of construction of the new
bridge and approaches thereto and the reconstruction and
improvement of the existing bridge and approaches thereto,
including all costs of survey, acquisition of rights of way,
engineering, legal and incidental expenses, to pay the interest
due thereon during the period beginning with the date of
issue of the bonds and ending at the expiration of six months
after the first imposition and collection of tolls from the
users of said toll facility, and to pay amounts that will
provide a reasonable sum for working capital and prepaid
insurance and all costs incidental to the issuance and sale of
the bonds.
Except as may be otherwise specifically provided in
RCW 47.56.310 through 47.56.345, the provisions of chapter
47.56 RCW shall govern the issuance and sale of said
revenue bonds, the execution thereof, the disbursement of the
proceeds of sale thereof, the interest rate or rates thereon,
their form, terms, conditions, covenants, negotiability,
denominations, maturity date or dates, the creation of special
[Title 47 RCW—page 180]
funds or accounts safeguarding and providing for the
payment of the principal thereof and interest thereon, and
their manner of redemption and retirement.
Said revenue bonds shall constitute obligations only of
the Washington toll bridge authority and shall be payable
both principal and interest solely from the tolls and revenues
derived from the operation of said toll facility as hereinbefore constituted. Said bonds shall not constitute an indebtedness of the state of Washington and shall contain a
recital on the face thereof to that effect, and shall be
negotiable instruments under the law merchant. Such bonds
shall include a covenant that the payment or redemption
thereof and the interest thereon are secured by a first and
direct charge and lien on all of the tolls and other revenues
received from the operation of said toll facility and from any
interest which may be earned from the deposit or investment
of any such revenues, except for payment of costs of
operation, maintenance and necessary repairs of said facility.
The tolls and charges to be imposed shall be fixed in such
amounts so that when collected they will produce revenues
that shall be at least equal to expenses of operating, maintaining and repairing said toll facility, including all insurance
costs, amounts for adequate reserves and coverage of annual
debt service on said bonds, and all payments necessary to
pay the principal thereof and interest thereon. [1961 c 13 §
47.56.343. Prior: 1955 c 152 § 5.]
Reviser’s note: Powers, duties, and functions of toll bridge authority
transferred to department of transportation; see RCW 47.01.031. Term
"Washington toll bridge authority" means department of transportation; see
RCW 47.04.015.
47.56.345 Additional Columbia river bridge—
Construction—Severability. Except as may be otherwise
specifically provided in RCW 47.56.310 through 47.56.345,
the provisions of chapter 47.56 RCW shall govern and be
controlling in all matters and things necessary to carry out
the purposes of RCW 47.56.310 through 47.56.345. Nothing
in RCW 47.56.310 through 47.56.345 is intended to amend,
alter, modify, or repeal any of the provisions of any statute
relating to the powers and duties of the department except as
such powers and duties are amplified or modified by the
specific provisions of RCW 47.56.310 through 47.56.345 for
the uses and purposes herein set forth, and RCW 47.56.310
through 47.56.345 shall be additional to such existing
statutes and concurrent therewith.
If any sentence, clause, or phrase of RCW 47.56.310
through 47.56.345 is held to be invalid or unconstitutional,
the invalidity or unconstitutionality thereof shall not affect
the validity or constitutionality of any other sentence, clause,
or phrase of RCW 47.56.310 through 47.56.345.
The provisions of RCW 47.56.310 through 47.56.345
shall be liberally construed so that the uses and purposes
hereof may be achieved and accomplished. [1984 c 7 § 276;
1961 c 13 § 47.56.345. Prior: 1955 c 152 § 6.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.360 Bridging Puget Sound, Hood Canal—
Operation, maintenance, prior charge upon revenue—
Appropriations to be repaid. All operation and maintenance on any project while tolls are collected thereon shall
be paid as they are incurred as a prior charge upon the
revenue and tolls collected upon such project. Any funds
(2002 Ed.)
State Toll Bridges, Tunnels, and Ferries
herein appropriated from the motor vehicle fund to the
Washington toll bridge authority, together with the sum of
two hundred twenty-five thousand dollars heretofore appropriated by section 19, chapter 259, Laws of 1951, shall be
considered as a loan and repaid by the authority to the motor
vehicle fund upon the sale of bonds of any project. [1961
c 13 § 47.56.360. Prior: 1953 c 78 § 2.]
Reviser’s note: Powers, duties, and functions of toll bridge authority
transferred to department of transportation; see RCW 47.01.031. Term
"Washington toll bridge authority" means department of transportation; see
RCW 47.04.015.
47.56.366 Hood Canal bridge—Public sport fishing—Disclaimer of liability. The department may permit
public sport fishing from the Hood Canal bridge. The
department may adopt rules governing public use of the
bridge for sport fishing to the end that such activity shall not
interfere with the primary use and operation of the bridge as
a highway facility. Notwithstanding the provisions of RCW
4.92.090 or any other statute imposing liability upon the
state of Washington, the state hereby disclaims any liability
arising out of loss or injury in connection with the public use
of the Hood Canal bridge for sport fishing purposes. [1984
c 7 § 277; 1963 c 240 § 2.]
47.56.360
dation, design. There is appropriated to the Washington toll
bridge authority from the motor vehicle fund for the biennium ending June 30, 1959, the sum of one hundred seventyfive thousand dollars or so much thereof as thereafter may
be necessary for the following purposes:
(1) Twenty-five thousand dollars of the appropriation
shall be available to study and make surveys, including
traffic studies acceptable to prospective bond purchasers or
investment firms, of the feasibility of the construction of a
toll bridge between Lopez Island and San Juan Island in San
Juan county so as to permit ferry runs from the mainland to
Upright Head, overland travel from Upright Head to Roche
Harbor, and ferry runs from Roche Harbor to Sidney, British
Columbia. It shall be understood in such feasibility studies
that San Juan county shall construct and maintain all road
connections between the proposed bridge and the ferry
landings at Upright Head and Roche Harbor.
(2) If as a result of the studies referred to above the toll
bridge authority determines the project is feasible, and if San
Juan county shall agree to sponsor such project and to
conduct and maintain the road connections referred to above,
one hundred fifty thousand dollars shall be available for the
location, foundation exploration, and design of such bridge.
[1961 c 13 § 47.56.410. Prior: 1957 c 141 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.380 Express highway—Tacoma-SeattleEverett—Limited access. The department is authorized to
study and if feasible, after approval by the transportation
commission to locate, construct, finance and operate as a toll
road, until paid for, an express highway from the vicinity of
Tacoma through Seattle to the vicinity of Everett. Right of
way shall be acquired as a limited access facility. [1984 c
7 § 278; 1961 c 13 § 47.56.380. Prior: 1953 c 183 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.390 Express highway—Operation as toll
highway—Part of state system. The toll road, when
completed, shall become a part of the state highway system
but may be operated as a toll highway by the department
until such time as all costs of investigation, financing,
acquisition of property, construction, maintenance, management, operation, repayment of advances from the motor
vehicle fund, and obligations incurred under RCW 47.56.250
and chapter 16, Laws of 1945, have been fully paid. [1984
c 7 § 279; 1961 c 13 § 47.56.390. Prior: 1953 c 183 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.400 Express highway—Powers and duties of
department. The department has the same powers, duties,
and functions with respect to toll roads as the Washington
toll bridge authority had with respect to toll bridges, and all
the provisions of chapter 47.56 RCW apply to and govern
toll roads insofar as is reasonably consistent and applicable,
except as otherwise provided in RCW 47.56.380 through
47.56.400. [1984 c 7 § 280; 1961 c 13 § 47.56.400. Prior:
1953 c 183 § 3.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.410 Lopez Island-San Juan toll bridge—
Appropriation—Study—Location, exploration, foun(2002 Ed.)
47.56.420 Lopez Island-San Juan toll bridge—Final
designs, construction, revenue bonds authorized. If the
project is deemed feasible by the authority, the authority
shall enter into final design plans, and construction thereof,
issue revenue bonds to pay all costs of the project and let
contracts in connection with the proposed project. Such
revenue bonds shall be issued in accordance with the
applicable provisions of RCW 47.56.080 through 47.56.250,
and in addition to the purposes above stated may be issued
to provide funds for paying all costs of issuance and sale of
such bonds, and to pay interest on said bonds during
construction and for six months thereafter. [1961 c 13 §
47.56.420. Prior: 1957 c 141 § 2.]
Reviser’s note: Powers, duties, and functions of toll bridge authority
transferred to department of transportation; see RCW 47.01.031. Term
"authority" means department of transportation; see RCW 47.04.015.
47.56.430 Lopez Island-San Juan toll bridge—
Operation, maintenance, prior charge upon revenue—
Appropriations to be repaid. All operation and maintenance on any project while tolls are collected thereon shall
be paid as they are incurred as a prior charge upon the
revenue and tolls collected upon such project. Any funds
herein appropriated from the motor vehicle fund to the
Washington toll bridge authority shall be considered as a
loan and repaid by the authority to the motor vehicle fund
upon the sale of bonds for this project. [1961 c 13 §
47.56.430. Prior: 1957 c 141 § 3.]
Reviser’s note: Powers, duties, and functions of toll bridge authority
transferred to department of transportation; see RCW 47.01.031. Term
"Washington toll bridge authority" means department of transportation; see
RCW 47.04.015.
47.56.440 Lopez Island-San Juan toll bridge—Effect
of toll bridge authority resolution No. 295—Ferry system
refunding revenue bonds. Nothing authorized by RCW
47.56.410 through 47.56.440 shall be undertaken or done in
[Title 47 RCW—page 181]
47.56.440
Title 47 RCW: Public Highways and Transportation
any manner not in accord with any of the covenants and
conditions contained in resolution No. 295 passed by the toll
bridge authority on February 9, 1955, providing for the sale
of Washington state ferry system refunding revenue bonds;
and all things authorized by RCW 47.56.410 through
47.56.440, including but not limited to feasibility, studies,
location, design, construction and financing, shall be performed in accordance with the covenants and conditions of
said resolution. If the terms of such resolution shall require
that tolls on the bridge authorized by RCW 47.56.410
through 47.56.440 be used to redeem outstanding bonds
issued pursuant to said resolution, such tolls shall be so used.
[1961 c 13 § 47.56.440. Prior: 1957 c 141 § 4.]
47.56.450 Columbia river bridge at Biggs Rapids—
Authorized—Cooperation with Klickitat county, highway
commission, Oregon highway commission and Sherman
county. If the Washington toll bridge authority should
conclude that the construction of a toll bridge across the
Columbia river in the vicinity of Biggs Rapids is feasible as
a result of studies presently being conducted, the authority is
hereby authorized, in conjunction with Klickitat county, the
Washington state highway commission, the Oregon state
highway commission, and Sherman county, Oregon, to
design and construct a toll bridge at such location. All acts
necessary to the design and construction of such bridge and
approaches thereto may be done by the Washington toll
bridge authority, Klickitat county, the Washington state
highway commission, the Oregon state highway commission,
Sherman county, Oregon, or any of such governmental agencies pursuant to agreement with the Washington toll bridge
authority. [1961 c 13 § 47.56.450. Prior: 1957 c 142 § 1.]
Reviser’s note: Powers, duties, and functions of toll bridge authority
and highway commission transferred to department of transportation; see
RCW 47.01.031. Terms "Washington toll bridge authority" and "Washington state highway commission" mean department of transportation; see
RCW 47.04.015.
Except as may be otherwise specifically provided in
RCW 47.56.450 through 47.56.500, the provisions of chapter
47.56 RCW shall govern the issuance and sale of said
revenue bonds, the execution thereof, the disbursement of the
proceeds of sale thereof, the interest rate or rates thereon,
their form, terms, conditions, covenants, negotiability,
denomination, maturity date or dates, the creation of special
funds or accounts safeguarding and providing for the
payment of the principal therefor and interest thereon, and
their manner of redemption and retirement.
Said revenue bonds shall constitute obligations only of
the Washington toll bridge authority and shall be payable
both principal and interest solely from the tolls and revenues
derived from the operation of said toll facility as hereinbefore constituted. Said bonds shall not constitute an indebtedness of the state of Washington and shall contain a
recital on the face thereof to that effect, and shall be
negotiable instruments under the law merchant. Such bonds
shall include a covenant that the payment or redemption
thereof and the interest thereon are secured by a first and
direct charge and lien on all of the tolls and other revenues
received from the operation of said toll facility and from any
interest which may be earned from the deposit or investment
of any such revenues, except for payment of costs of
operation, maintenance and necessary repairs of said facility.
The tolls and charges to be imposed shall be fixed in such
amounts so that when collected they will produce revenues
that shall be at least equal to expenses of operating, maintaining and repairing said toll facility, including all insurance
costs, amounts for adequate reserves and coverage of annual
debt service on said bonds, and all payments necessary to
pay the principal thereof and interest thereon. [1961 c 13 §
47.56.470. Prior: 1957 c 142 § 3.]
Reviser’s note: Powers, duties, and functions of toll bridge authority
transferred to department of transportation; see RCW 47.01.031. Term
"Washington toll bridge authority" means department of transportation; see
RCW 47.04.015.
47.56.460 Columbia river bridge at Biggs Rapids—
Appropriation—Repayment from bond issue. There is
appropriated from the motor vehicle fund for the biennium
ending June 30, 1959, the sum of one hundred fifty thousand
dollars, or as much thereof as may be necessary for the
purpose of location, design, preparation of cost estimates,
and all other things preliminary to the construction of such
bridge. Any funds herein appropriated from the motor
vehicle fund to the Washington toll bridge authority shall be
considered as a loan and repaid by the authority to the motor
vehicle fund upon the sale of bonds for this project as
provided in RCW 47.56.470. [1961 c 13 § 47.56.460.
Prior: 1957 c 142 § 2.]
47.56.480 Columbia river bridge at Biggs Rapids—
Construction of act. The provisions of chapter 47.56 RCW
shall govern and be controlling in all matters and things
necessary to carry out the purposes of RCW 47.56.450
through 47.56.500. Nothing in RCW 47.56.450 through
47.56.500 is intended to amend, alter, modify or repeal any
of the provisions of any statute relating to the powers and
duties of the Washington toll bridge authority except as such
powers and duties are amplified or modified by the specific
provisions of RCW 47.56.450 through 47.56.500 for the uses
and purposes herein set forth, and RCW 47.56.450 through
47.56.500 shall be additional to such existing statutes and
concurrent therewith. [1961 c 13 § 47.56.480. Prior: 1957
c 142 § 4.]
47.56.470 Columbia river bridge at Biggs Rapids—
Revenue bonds. The Washington toll bridge authority is
hereby authorized by resolution to issue and sell its revenue
bonds in an amount sufficient to provide funds to pay all the
costs of construction of such bridge and approaches thereto,
including but not limited to all costs of survey, acquisition
of rights of way, design, engineering, all expenses of
issuance and sale of such bonds, and to pay interest on said
bonds during construction and for six months after tolls are
first imposed.
Reviser’s note: Powers, duties, and functions of toll bridge authority
transferred to department of transportation; see RCW 47.01.031. Term
"Washington toll bridge authority" means department of transportation; see
RCW 47.04.015.
[Title 47 RCW—page 182]
47.56.490 Columbia river bridge at Biggs Rapids—
Powers of department—Tolls. The department is authorized to operate and to assume the full control of the toll
facility and each portion thereof, whether within or without
the borders of the state of Washington, with full power to
(2002 Ed.)
State Toll Bridges, Tunnels, and Ferries
impose and collect tolls from the users of the bridge for the
purpose of providing revenue at least sufficient to pay the
cost and incidental expenses of construction, maintenance,
repair, and operation of the bridge and approaches in both
states, and for the payment of the principal of and interest on
its revenue bonds as authorized by RCW 47.56.470. [1984
c 7 § 281; 1961 c 13 § 47.56.490. Prior: 1957 c 142 § 5.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.500 Columbia river bridge at Biggs Rapids—
Agreements authorized. The Washington toll bridge
authority, the Washington state highway commission and
Klickitat county are each authorized to enter into such
agreement with each other, the Oregon state highway
commission and Sherman county, Oregon, as they shall find
necessary and convenient to carry out the purposes of RCW
47.56.450 through 47.56.500; and the Washington toll bridge
authority, the Washington state highway commission and
Klickitat county are each authorized to do any and all acts
contained in such agreement and necessary and convenient
to carry out the purposes of RCW 47.56.450 through
47.56.500.
Such agreement shall include, but shall not be restricted
to the following provisions:
(1) A provision that the Washington toll bridge authority
shall assume and have complete responsibility for the
operation of such bridge and approaches thereto, and with
full power in the Washington toll bridge authority to impose
and collect all toll charges from the users of such bridge and
to disburse the revenue derived therefrom for the expenses
of maintenance and operation and repair thereof, all costs of
construction, and the payment of principal and interest on
any revenue bonds herein provided for.
(2) A provision that the Washington toll bridge authority
shall provide for the issuance, sale and payment of revenue
bonds payable solely from the revenue derived from the
imposition and collection of tolls upon such toll bridge.
(3) A provision that the Washington toll bridge authority, after consultation with the other governmental agencies
who are parties to such agreement, shall fix and revise the
classifications and amounts of tolls to be charged and
collected from the users of the toll bridge, with the further
provision that such toll charges shall be removed after all
costs of planning, designing, and construction of such toll
bridge and approaches thereto and all incidental costs shall
have been paid, and all of said revenue bonds, and interest
thereon, issued and sold pursuant to RCW 47.56.450 through
47.56.500 shall have been fully paid and redeemed.
(4) A provision that all acts pertaining to the design and
construction of such toll bridge may be done and performed
by the Oregon state highway commission, the Washington
state highway commission or the Washington toll bridge
authority, or any of them, and that any and all contracts for
the construction of such toll bridge shall be awarded in the
name of the state of Oregon by and through its state highway commission or the state of Washington by and through
its state highway commission or its toll bridge authority, or
all of them.
(5) A provision that the state of Washington, the state
of Oregon, and all governmental agencies party to such
agreement shall be reimbursed out of the proceeds of the
(2002 Ed.)
47.56.490
sale of such bonds for any advances they may have made or
expenses they may have incurred for any of the purposes for
which said revenue bonds may be issued, after duly verified
itemized statements of such advances and expenses have
been submitted to and been approved by all parties to such
agreement.
(6) A provision that during the period of operation of
such bridge and approaches thereto as a toll facility all
maintenance and repair may be performed by either the
Oregon state highway commission or the Washington state
highway commission with a provision for reimbursement of
the costs of such maintenance and repair from revenue
derived from the collection of tolls on such bridge. [1961 c
13 § 47.56.500. Prior: 1957 c 142 § 6.]
Reviser’s note: Powers, duties, and functions of toll bridge authority
and highway commission transferred to department of transportation; see
RCW 47.01.031. Terms "Washington toll bridge authority" and "Washington state highway commission" mean department of transportation; see
RCW 47.04.015.
47.56.580 Naches Pass tunnel—What studies and
surveys shall include. Such studies and surveys shall
include but shall not be confined to the following:
(1) The most desirable design, tunnel approaches, and
connecting roads;
(2) The most desirable location;
(3) The cost of construction and the length of construction time required;
(4) The financial feasibility of the tunnel and the
amount, if any, of supplementary aid required to finance it;
(5) The relative economic benefit to counties, cities, or
other political subdivisions to be principally served by
construction of the tunnel;
(6) The benefit to the state highway system, taking into
account the statewide interest in the tunnel and the estimated
additional motor vehicle fuel tax revenue which would
accrue to the motor vehicle fund as a result of the construction of the tunnel. [1961 c 13 § 47.56.580. Prior: 1959 c
292 § 2.]
47.56.590 Naches Pass tunnel—Plan for financing.
Upon the completion of such studies and surveys, the
highway commission and the toll bridge authority, in cooperation with the joint fact-finding committee on highways,
streets and bridges, shall prepare a plan for financing the
project. The plan shall include the cost of the entire project;
the portion of such total cost which can be financed by the
issuance of toll bridge authority revenue bonds; the portion
of such total cost and the amount of guarantee funds which
should be contributed or advanced by any political subdivisions to be economically benefited by construction of the
project; and the portion of such total cost and the amount of
guarantee funds which should be contributed from that
portion of the motor vehicle fund available to the department
of highways for state highway purposes. When completed,
the financing plan shall be adopted by resolution of the commission and the authority. [1961 c 13 § 47.56.590. Prior:
1959 c 292 § 3.]
Reviser’s note: Powers, duties, and functions of highway commission
and toll bridge authority transferred to department of transportation; see
RCW 47.01.031. Terms "highway commission" and "toll bridge authority"
mean department of transportation; see RCW 47.04.015.
[Title 47 RCW—page 183]
47.56.600
Title 47 RCW: Public Highways and Transportation
47.56.600 Naches Pass tunnel—Design. Upon
adoption of the financing plan the commission and the
authority, acting jointly, shall forthwith proceed to make the
design for the entire project. [1961 c 13 § 47.56.600. Prior:
1959 c 292 § 4.]
Reviser’s note: Powers, duties, and functions of highway commission
and toll bridge authority transferred to department of transportation; see
RCW 47.01.031. Terms "commission" and "authority" mean department of
transportation; see RCW 47.04.015.
47.56.610 Naches Pass tunnel—Contribution by
political subdivisions. After adoption of the financing plan,
the authority and the highway commission, acting jointly,
shall request any political subdivision which will be benefited by the construction of the project, to advance or
contribute money or bonds toward the expenses of construction or to guarantee toll bridge authority revenue bonds to be
issued to finance the project. [1961 c 13 § 47.56.610. Prior:
1959 c 292 § 5.]
Reviser’s note: Powers, duties, and functions of highway commission
and toll bridge authority transferred to department of transportation; see
RCW 47.01.031. Terms "authority," "toll bridge authority," and "highway
commission" mean department of transportation; see RCW 47.04.015.
47.56.630 Naches Pass tunnel—Repayment to motor
vehicle fund of funds appropriated. All funds herein
appropriated from the motor vehicle fund to the Washington
state highway commission and the Washington toll bridge
authority shall be considered as a loan and shall be repaid by
the commission and the authority to the motor vehicle fund
upon the sale of bonds for this project. [1961 c 13 §
47.56.630. Prior: 1959 c 292 § 7.]
Reviser’s note: Powers, duties, and functions of highway commission
and toll bridge authority transferred to department of transportation; see
RCW 47.01.031. Terms "Washington state highway commission" and
"Washington toll bridge authority" mean department of transportation; see
RCW 47.04.015.
47.56.631 Naches Pass tunnel—Additional studies—
Route of highway and tunnel—Appropriation. The
Washington toll bridge authority is authorized and directed
to make all necessary traffic studies, acceptable to prospective bond purchasers or investment firms to determine the
amount of subsidy or other financial assistance necessary to
make feasible the construction of a toll highway and tunnel
on primary state highway 5 through the Cascade mountains,
together with the necessary approaches connecting to
existing highways. Said highway and tunnel project shall
start on state highway 5 near the junction of the White and
Greenwater rivers; thence in an easterly direction through
Greenwater river drainage area to the west portal of the
tunnel under Pyramid Park; thence to the east portal; thence
following the north fork of the Little Naches river to the
Little Naches river; thence down to its junction with the
Bumping river at state highway 5.
There is hereby appropriated from the motor vehicle
fund to the Washington toll bridge authority for the biennium ending June 30, 1963 the sum of fifty thousand dollars
to carry out the provisions of this section. [1961 ex.s. c 21
§ 18.]
Reviser’s note: Powers, duties, and functions of toll bridge authority
transferred to department of transportation; see RCW 47.01.031. Term
[Title 47 RCW—page 184]
"Washington toll bridge authority" means department of transportation; see
RCW 47.04.015.
47.56.640 Bridging lower Columbia river in vicinity
of Astoria-Megler. The Washington state highway commission is hereby authorized in conjunction with the Oregon
state highway commission to erect a bridge or so much
thereof as may be agreed upon with the Oregon state
highway commission, including approaches thereto, across
the Columbia river in the vicinity of Astoria, Oregon and
Megler, Washington. Such bridge shall be an integral part
of U. S. highway No. 101 and to the Oregon boundary shall
be a part of primary state highway No. 12. All acts necessary to the design and construction of said new bridge and
approaches thereto may be done and performed by either the
Oregon state highway commission or the Washington state
highway commission with the approval of the other or by
both of them jointly. [1961 c 209 § 1.]
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term
"Washington state highway commission" means department of transportation; see RCW 47.04.015.
47.56.643 Bridging lower Columbia river in vicinity
of Astoria-Megler—Agreements with United States—
Acceptance of public or private funds. In order to carry
out the provisions of RCW 47.56.640 through 47.56.667 the
Washington state highway commission may consult, cooperate and enter into agreements with the government of the
United States or any of its agencies and accept and expend
moneys from any public or private source, including the
government of the United States or any political subdivision,
which is now or may be made available for carrying out the
purposes contained in RCW 47.56.640 through 47.56.667.
[1961 c 209 § 2.]
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term
"Washington state highway commission" means department of transportation; see RCW 47.04.015.
47.56.646 Bridging lower Columbia river in vicinity
of Astoria-Megler—Agreements with Oregon—Provisions
for Oregon bond issue, powers and duties of both states,
tolls, apportionment of costs, etc. Subject to the conditions
stated in RCW 47.56.658, the Washington state highway
commission is hereby authorized to enter into such agreements with the Oregon state highway commission as it shall
find necessary or convenient to carry out the purposes of
RCW 47.56.640 through 47.56.667.
Any such agreements shall include, but shall not be
limited to, the following:
(1) A provision that the state of Oregon or the Oregon
state highway commission shall issue general obligation
bonds in the aggregate principal sum of not to exceed
twenty-four million dollars par value or so much thereof as
shall be required to pay all costs of location and construction
of said bridge, but excluding costs of location, relocation,
improvement, construction or reconstruction of approaches
as the same are shown and described in "A Report On a
Proposed Bridge Across the Columbia River," prepared by
the Oregon and Washington state highway commissions,
dated January, 1959. In determining the amount of money
(2002 Ed.)
State Toll Bridges, Tunnels, and Ferries
required for construction, there shall be taken into account
all available financial contributions for such construction
costs, of whatever description and from whatever source.
(2) A provision that to the extent that revenues derived
from the imposition and collection of tolls and franchise fees
for the use of the bridge in any year are insufficient to
provide for the payment of principal, interest and other
charges incidental to the issuance, sale and retirement of the
bonds issued by Oregon or any subsequent refunding bond
issues, the state of Oregon will pay the first one hundred
thousand dollars of such deficit and the state of Washington
is bound to pay, when due, forty percent of the balance of
such deficit for such year from any moneys in the motor
vehicle fund not otherwise pledged or from any other source
available to the Washington state highway commission for
said purpose: PROVIDED, That in no case shall the portion
of such deficit paid by the state of Washington exceed two
hundred thousand dollars in any such year.
(3) A provision that the Oregon state highway commission shall assume and have complete responsibility for the
operation of the bridge as a toll facility and each portion
thereof, whether within or without the borders of Washington
and with full power in the Oregon state highway commission
to impose and collect all toll charges and franchise fees from
the users of said bridge and to disburse the revenue derived
therefrom for the following purposes in the following order:
(a) Payment of all costs of toll collection and insurance
in the event the bridge is insured.
(b) Payment of the principal, interest and other charges
incidental to the issuance, sale and retirement of the bonds
herein provided for including any subsequent refunding
bonds.
(4) A provision that the Oregon state highway commission, after consultation with the Washington state highway
commission shall fix the classifications and amounts of tolls
to be charged and collected from users of said toll facility
with power after consultation with the Washington state
highway commission to revise the same if deemed necessary,
and the time or times when such tolls shall first be imposed.
(5) A provision that all acts pertaining to the design and
construction of said bridge may be done and performed by
the Oregon state highway commission or the Washington
state highway commission with the approval of the other, or
by both, and that any and all contracts for the construction
of the bridge shall be awarded in the name of the state of
Oregon by and through its state highway commission or the
state of Washington by and through its state highway commission, or both: PROVIDED, HOWEVER, That there shall
be a further provision that each state shall have full power
to design and construct approaches to the bridge within the
respective boundaries of each state. Such approaches shall
constitute a part of the state highways system of each state
and the cost of design, right of way and construction thereof
shall be borne by the respective states from any funds
available for such purposes. In the event design or construction of approaches is included in any contract for the
construction of the bridge, the cost of such approaches
within the respective boundaries of each state shall be
segregated and paid for by the respective states.
Any such agreements may include, but shall not be
limited to the following:
(2002 Ed.)
47.56.646
(1) A provision that the state of Oregon, the Oregon
state highway commission, and any other duly constituted
agency of the state of Oregon, the state of Washington, the
Washington toll bridge authority, the Washington state
highway commission, and any other duly constituted agency
of the state of Washington shall be reimbursed out of the
proceeds of the sale of such bonds for any advances they
may have made or expenses they may have incurred subsequent to March 1, 1961 for any of the purposes for which
said bonds may be issued by the state of Oregon, after duly
verified, itemized statements of such advances and expenses
have been submitted to and jointly approved by the Oregon
state highway commission and Washington state highway
commission.
(2) A provision that during the period of operation of
said bridge as a toll facility all or any part of the maintenance and repair work may be performed by either the
Oregon state highway commission or by the Washington
state highway commission with a provision for payment of
the costs of such maintenance and repair one-half from the
Oregon state highway commission and one-half from the
Washington state highway commission. [1961 c 209 § 3.]
Reviser’s note: Powers, duties, and functions of highway commission
and toll bridge authority transferred to department of transportation; see
RCW 47.01.031. Terms "Washington state highway commission" and
"Washington toll bridge authority" mean department of transportation; see
RCW 47.04.015.
47.56.649 Bridging lower Columbia river in vicinity
of Astoria-Megler—Use of Washington motor vehicle fuel
taxes, motor vehicle fund to pay Oregon bonds if tolls
and fees insufficient. To the extent that all revenues from
the imposition and collection of tolls and franchise fees for
use of the bridge are insufficient to provide for the payment
of principal, interest and other charges incidental to the
issuance, sale and retirement of the bonds issued by the state
of Oregon in connection with this project, or on any subsequent refunding bond issues, there is hereby imposed, to the
extent provided in first subsection (2) of RCW 47.56.646, a
first and prior charge against all revenues hereafter derived
from the proceeds of state excise taxes on motor vehicle
fuels now directed by law to be deposited in the motor vehicle fund available for state highway commission purposes.
To the extent that revenues of the project are insufficient to meet required payments of principal, interest and
other charges incidental to the issuance, sale and retirement
of bonds, the Washington state highway commission shall
use moneys in the motor vehicle fund to pay its share of
such deficits. [1961 c 209 § 4.]
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term
"Washington state highway commission" means department of transportation; see RCW 47.04.015.
47.56.652 Bridging lower Columbia river in vicinity
of Astoria-Megler—Procedure for this state paying
deficiency in tolls and fees for Oregon bond issue. The
payments provided for in RCW 47.56.649, as they come due,
shall be authorized by the Washington state highway
commission and paid by warrants signed by the state
treasurer, upon the duly verified itemized statements of the
Oregon state highway commission showing the amount due
[Title 47 RCW—page 185]
47.56.652
Title 47 RCW: Public Highways and Transportation
from the state of Washington required to meet its share of
any deficit computed as provided in [first] subsection (2) of
RCW 47.56.646. [1961 c 209 § 5.]
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term
"Washington state highway commission" means department of transportation; see RCW 47.04.015.
47.56.655 Bridging lower Columbia river in vicinity
of Astoria-Megler—Washington liability for costs—
Maintenance and repair—Approaches. The Washington
state highway commission shall pay one-half of all costs of
maintenance and repair of said bridge from funds appropriated for the use of the Washington state highway commission
for construction and maintenance of the primary state highways. The Washington state highway commission shall pay
for the costs of design, right of way and construction of
approaches to said bridge within the boundaries of the state
of Washington from funds appropriated for the use of the
Washington state highway commission for construction and
maintenance of the primary state highways or from any other
funds available for said purpose. [1961 c 209 § 6.]
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term
"Washington state highway commission" means department of transportation; see RCW 47.04.015.
47.56.658 Bridging lower Columbia river in vicinity
of Astoria-Megler—Financial responsibility of Pacific
county—Prior commitment required. The Washington
state highway commission shall not enter into agreements
with the Oregon state highway commission for the construction of the toll bridge over the lower Columbia river as
authorized by RCW 47.56.646 unless and until:
Pacific county has, at the request of the state highway
commission, contributed or properly authorized the contribution of money or bonds in the sum of one hundred eightyfive thousand dollars or so much thereof as may be necessary to reimburse the Washington state highway commission
for costs of design and construction of the approaches to said
bridge within the boundaries of the state of Washington,
such contribution to be made by any of the methods authorized in RCW 47.56.250. [1969 ex.s. c 281 § 52; 1961 c
209 § 7.]
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term
"Washington state highway commission" means department of transportation; see RCW 47.04.015.
47.56.659 Bridging lower Columbia river in vicinity
of Astoria-Megler—Contractual obligations of Pacific
county terminated. All accrued and unaccrued obligations
of Pacific county created by that certain contract between the
Washington state highway commission and Pacific county
dated June 20, 1961, entered into pursuant to *subsection (2)
of RCW 47.56.658 are hereby terminated. [1969 ex.s. c 281
§ 53.]
*Reviser’s note: Subsection (2) of RCW 47.56.658 was deleted by
1969 ex.s. c 281 § 52.
47.56.661 Bridging lower Columbia river in vicinity
of Astoria-Megler—Deposit of contribution of Pacific
[Title 47 RCW—page 186]
county in motor vehicle fund—Use. In the event Pacific
county makes the contribution authorized in *subsection (1)
of RCW 47.56.658, such contribution shall be placed in the
motor vehicle fund and shall be available for state highway
purposes. [1961 c 209 § 8.]
*Reviser’s note: Subsection (1) of RCW 47.56.658 became the
second paragraph of RCW 47.56.658 when subsection (2) of RCW
47.56.658 was deleted by 1969 ex.s. c 281 § 52.
47.56.667 Bridging lower Columbia river in vicinity
of Astoria-Megler—When toll free. The bridge herein
provided for shall be operated as a toll-free bridge whenever
the bonds to be issued by the state of Oregon together with
interest thereon have been fully paid, unless the state of
Washington and the state of Oregon hereafter agree through
their highway commissions that tolls shall be retained on the
bridge to repay in whole or in part the respective states for
moneys advanced to pay principal or interest on the bonds
issued by the state of Oregon. [1961 c 209 § 10.]
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term
"highway commission" means department of transportation; see RCW
47.04.015.
47.56.700 Columbia river, Vernita bridge and
highway approach from Richland—Authorized. If the
Washington toll bridge authority shall conclude that the
construction of a toll bridge across the Columbia river in the
vicinity of Vernita, including approaches, and a highway
approach from the vicinity of Richland to said toll bridge,
are feasible, the authority is hereby authorized to make all
surveys, design and construct said toll bridge and approaches. [1963 c 197 § 1.]
Reviser’s note: Powers, duties, and functions of toll bridge authority
transferred to department of transportation; see RCW 47.01.031. Term
"Washington toll bridge authority" means department of transportation; see
RCW 47.04.015.
47.56.701 Columbia river, Vernita bridge and
highway approach from Richland—Revenue bonds—
Tolls and charges. The Washington toll bridge authority is
hereby authorized by resolution to issue and sell its revenue
bonds in an amount sufficient to provide funds to pay all the
costs of construction of such bridge and approaches thereto,
and the highway approach from the vicinity of Richland to
said bridge, including but not limited to all costs of survey,
acquisition of rights of way, design, engineering, all expenses of issuance and sale of such bonds, and to pay interest on
said bonds during construction and for six months after tolls
are first imposed.
Except as may be otherwise specifically provided in
RCW *47.20.410, 47.20.415, and 47.56.700 through
47.56.706, the provisions of RCW 47.56.130 through
47.56.245 shall govern the issuance and sale of said revenue
bonds, the execution thereof, the disbursement of the
proceeds of sale thereof, the interest rate or rates thereon,
their form, terms, conditions, covenants, negotiability,
denomination, maturity date or dates, the creation of special
funds or accounts safeguarding and providing for the
payment of the principal therefor and interest thereon, and
their manner of redemption and retirement.
(2002 Ed.)
State Toll Bridges, Tunnels, and Ferries
Said revenue bonds shall constitute obligations only of
the Washington toll bridge authority and shall be payable
both principal and interest from the tolls and revenues
derived from the operation of said toll bridge and from that
portion of the motor vehicle fund as provided in RCW
47.56.702. Said bonds shall not constitute an indebtedness
of the state of Washington and shall contain a recital on the
face thereof to that effect, and shall be negotiable instruments under the law merchant. Such bonds shall include a
covenant that the payment or redemption thereof and the
interest thereon are secured by a first and direct charge and
lien on all of the tolls and other revenues received from the
operation of said toll bridge and from any interest which
may be earned from the deposit or investment of any such
revenues and such sums as are pledged from the motor
vehicle fund as provided in RCW 47.56.702, except for
payment of costs of operation, maintenance and necessary
repairs of said facility. The tolls and charges to be imposed
shall be fixed in such amounts so that when collected they,
together with said pledge from the motor vehicle fund, will
produce revenues that shall be at least equal to expenses of
operating, maintaining and repairing said toll facility,
including all insurance costs, amounts for adequate reserves
and coverage of annual debt service on said bonds, and all
payments necessary to pay the principal thereof and interest
thereon.
Until all of said bonds are fully paid and until the motor
vehicle fund is fully reimbursed for all sums advanced
therefrom to pay principal and interest on said bonds or any
subsequent refunding bond issue, the tolls charged for the
use of said facility shall never be reduced below the sums
specified in the following schedule:
For every combination of vehicles and for buses having
a seating capacity for over fifteen persons . . . $0.75
For all trucks licensed for a maximum gross load of
over 8,000 lbs. other than a combination of vehicles and all buses having a seating capacity for less
than sixteen persons . . . . . . . . . . . . . . . . . . . $0.50
For all other motor vehicles not specified above and for
motorcycles . . . . . . . . . . . . . . . . . . . . . . . . $0.25
[1963 c 197 § 2.]
Reviser’s note: *(1) RCW 47.20.410 was repealed by 1970 ex.s. c
51 § 178; RCW 47.20.415 was repealed by 1967 ex.s. c 145 § 8.
(2) Powers, duties, and functions of toll bridge authority transferred
to department of transportation; see RCW 47.01.031. Term "Washington
toll bridge authority" means department of transportation; see RCW
47.04.015.
47.56.702 Columbia river, Vernita bridge and
highway approach from Richland—Pledge of excise taxes
imposed on motor vehicle fuels. The department may
pledge the proceeds of all excise taxes imposed on motor
vehicle fuels now directed by law to be deposited in the
motor vehicle fund and which are available for appropriation
to the department for state highway purposes in the sum of
one hundred thousand dollars per year for the purpose of
guaranteeing the payment of principal and interest on bonds
issued by the authority as authorized in RCW 47.56.701 or
for sinking fund requirements or reserves established by the
authority with respect thereto or for guaranteeing the
payment of principal and interest on any subsequent refund(2002 Ed.)
47.56.701
ing bond issues. To the extent of any such pledge the
department shall use such moneys to meet such obligations
as they arise but only to the extent that net revenues of the
project are insufficient therefor. [1984 c 7 § 282; 1963 c
197 § 3.]
Reviser’s note: Powers, duties, and functions of toll bridge authority
transferred to department of transportation; see RCW 47.01.031. Term "toll
bridge authority" means department of transportation; see RCW 47.04.015.
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.703 Columbia river, Vernita bridge and
highway approach from Richland—Continued imposition
of such taxes. Whenever the department has made a pledge
of motor vehicle funds as authorized in RCW 47.56.702 the
legislature agrees to continue to impose excise taxes on
motor vehicle fuels, and there is imposed a first and prior
charge thereon, in amounts sufficient to provide the department with funds necessary to enable it to comply with the
pledge. [1984 c 7 § 283; 1963 c 197 § 4.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.704 Columbia river, Vernita bridge and
highway approach from Richland—Repayment of motor
vehicle fund money—Continuation of tolls. Any money
from the motor vehicle fund used by the department for
payment of expenses of location, maintenance, repair, and
operation of the bridge and approaches and highway approach, and principal or interest on any bonds issued
pursuant to RCW 47.56.701 or any subsequent refunding
bond issue shall be repaid to the motor vehicle fund to be
used for state highway purposes from revenues of the
project, and tolls shall be continued for any additional length
of time necessary for this purpose. [1984 c 7 § 284; 1963
c 197 § 5.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.705 Columbia river, Vernita bridge and
highway approach from Richland—Facility to be part of
highway system—Operation, collection of tolls. The toll
facility, when completed, shall become a part of the state
highway system and the department is hereby authorized to
operate and to assume the full control of said toll bridge
with full power to collect tolls from the users of such bridge
as established by the department for the purpose of providing
revenue which, with the pledge from the motor vehicle fund
provided for in RCW 47.56.702, shall be sufficient to pay all
costs and incidental expenses of location, construction,
maintenance, repair, and operation of said bridge and
approaches and highway approach from the vicinity of
Vernita to said bridge, for the repayment of the principal and
interest on its revenue bonds, and reimbursement to the
motor vehicle fund of all sums expended therefrom under
*RCW 47.20.415 and 47.56.700 through 47.56.706. [1983
c 3 § 131; 1963 c 197 § 6.]
*Reviser’s note: RCW 47.20.415 was repealed by 1967 ex.s. c 145
§ 8.
47.56.706 Columbia river, Vernita bridge and
highway approach from Richland—Laws applicable—
Construction of 1963 statute. Except as specifically
provided in *RCW 47.20.415 and 47.56.700 through
[Title 47 RCW—page 187]
47.56.706
Title 47 RCW: Public Highways and Transportation
47.56.706, the provisions of RCW 47.56.010 through
47.56.257 shall govern and be controlling in all matters and
things necessary to carry out the purposes of *RCW
47.20.415 and 47.56.700 through 47.56.706. Nothing in
*RCW 47.20.415 and 47.56.700 through 47.56.706 is
intended to amend, alter, modify, or repeal any of the
provisions of any statute relating to the powers and duties of
the department except as such powers and duties are amplified or modified by the special provisions of *RCW
47.20.415 and 47.56.700 through 47.56.706 for the uses and
purposes herein set forth, and the provisions of *RCW
47.20.415 and 47.56.700 through 47.56.706 shall be additional to such existing statutes and concurrent therewith.
[1983 c 3 § 132; 1963 c 197 § 7.]
*Reviser’s note: RCW 47.20.415 was repealed by 1967 ex.s. c 145
§ 8.
47.56.711 Spokane river bridges. The state highway
bridge across the Spokane river in the vicinity of Trent
Avenue in Spokane shall be known and designated as the
James E. Keefe bridge.
After September 1, 1990, ownership of the Spokane
river toll bridge, known as the Maple Street bridge, shall
revert to the city of Spokane. [1990 c 42 § 401; 1979 c 131
§ 1.]
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Severability—1979 c 131: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 131 § 11.]
47.56.7115 Spokane river toll bridge—Operation
and maintenance responsibility and funding. The city of
Spokane shall be responsible for operating and maintaining
the Spokane river toll bridge and the surrounding area
except:
(1) The department of transportation shall remove the
toll booths and restripe the approaches, as necessary, once
the tolls have been removed.
(2) The department of transportation shall replace the
bridge deck and upgrade the approaches. In order to
accomplish this activity, the department of transportation
shall pursue federal bridge replacement funds and the city of
Spokane shall contribute three hundred thousand dollars
towards the required matching funds. [1990 c 42 § 402.]
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
47.56.7125 Spokane river toll bridge—Transfer of
funds. The state treasurer shall transfer all remaining funds
in the Spokane river toll bridge revenue account to the motor
vehicle fund to be used for the following purposes:
(1) Repay existing loans from the motor vehicle fund to
the Spokane river toll bridge revenue account in the amount
of six hundred sixteen thousand two dollars and thirty-three
cents;
(2) Fund removal of toll booths and associated repairs
on the Spokane river toll bridge; and
(3) Fund preliminary engineering of the bridge deck
replacement on the Spokane river toll bridge.
[Title 47 RCW—page 188]
Any remaining funds are reserved to provide matching
funds for federal bridge replacement funds to replace the
bridge deck in the 1991-93 biennium. [1990 c 42 § 404.]
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
47.56.720 Puget Island-Westport ferry—Payments
for operation and maintenance to Wahkiakum county—
Toll-free operation and provision of rest room facilities,
when. (1) The legislature finds that the ferry operated by
Wahkiakum county between Puget Island and Westport on
the Columbia river provides service which is primarily local
in nature with secondary benefits to the state highway
system in providing a bypass for state route 4 and providing
the only crossing of the Columbia river between the AstoriaMegler bridge and the Longview bridge.
(2) The department is hereby authorized to enter into a
continuing agreement with Wahkiakum county pursuant to
which the department shall pay to Wahkiakum county from
moneys appropriated for such purpose monthly amounts not
to exceed eighty percent of the operating and maintenance
deficit with a maximum not to exceed the amount appropriated for that biennium to be used in the operation and
maintenance of the Puget Island ferry, commencing July 1,
1992.
(3) The annual deficit, if any, incurred in the operation
and maintenance of the ferry shall be determined by
Wahkiakum county subject to the approval of the department. If eighty percent of the deficit for the preceding fiscal
year exceeds the total amount paid to the county for that
year, the additional amount shall be paid to the county by
the department upon the receipt of a properly executed
voucher. The total of all payments to the county in any
biennium shall not exceed the amount appropriated for that
biennium. The fares established by the county shall be
comparable to those used for similar runs on the state ferry
system.
(4) Whenever, subsequent to June 9, 1977, state route 4
between Cathlamet and Longview is closed to traffic
pursuant to chapter 47.48 RCW due to actual or potential
slide conditions and there is no suitable, reasonably short
alternate state route provided, Wahkiakum county is authorized to operate the Puget Island ferry on a toll-free basis
during the entire period of such closure. The state’s share
of the ferry operations and maintenance deficit during such
period shall be one hundred percent.
(5) Whenever state route 4 between Cathlamet and
Longview is closed to traffic, as mentioned in subsection (4)
hereof, the state of Washington shall provide temporary rest
room facilities at the Washington ferry landing terminal.
[1992 c 82 § 1; 1987 c 368 § 1; 1984 c 7 § 285; 1977 c 11
§ 1; 1973 2nd ex.s. c 26 § 1; 1971 ex.s. c 254 § 1.]
Effective date—1987 c 368: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 368 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effective date—1973 2nd ex.s. c 26: "This 1973 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect October 1, 1973." [1973 2nd ex.s. c 26 § 3.]
(2002 Ed.)
State Toll Bridges, Tunnels, and Ferries
47.56.725 County ferries—Deficit reimbursements—
Capital improvement funds. (1) The department is hereby
authorized to enter into a continuing agreement with Pierce,
Skagit, and Whatcom counties pursuant to which the department shall, from time to time, direct the distribution to each
of the counties the amounts authorized in subsection (2) of
this section in accordance with RCW 46.68.090.
(2) The department is authorized to include in each
agreement a provision for the distribution of funds to each
county to reimburse the county for fifty percent of the deficit
incurred during each previous fiscal year in the operation
and maintenance of the ferry system owned and operated by
the county. The total amount to be reimbursed to Pierce,
Skagit, and Whatcom counties collectively shall not exceed
one million dollars in any biennium. Each county agreement
shall contain a requirement that the county shall maintain
tolls on its ferries at least equal to tolls in place on January
1, 1990.
(3) The annual fiscal year operating and maintenance
deficit, if any, shall be determined by Pierce, Skagit, and
Whatcom counties subject to review and approval of the
department. The annual fiscal year operating and maintenance deficit is defined as the total of operations and
maintenance expenditures less the sum of ferry toll revenues
and that portion of fuel tax revenue distributions which are
attributable to the county ferry as determined by the department. Distribution of the amounts authorized by subsection (2) of this section by the state treasurer shall be directed
by the department upon the receipt of properly executed
vouchers from each county.
(4) The county road administration board may evaluate
requests by Pierce, Skagit, Wahkiakum, and Whatcom
counties for county ferry capital improvement funds. The
board shall evaluate the requests and, if approved by a
majority of the board, submit the requests to the legislature
for funding out of the amounts available under *RCW
46.68.090(1)(j). Any county making a request under this
subsection shall first seek funding through the public works
trust fund, or any other available revenue source, where
appropriate. [1999 c 269 § 12; 1991 c 310 § 1; 1984 c 7 §
286; 1977 c 51 § 2; 1975-’76 2nd ex.s. c 57 § 2; 1975 1st
ex.s. c 21 § 1.]
*Reviser’s note: RCW 46.68.090 was amended by 2002 c 202 § 303,
changing subsection (1)(j) to subsection (2)(h), effective December 30,
2002, if Referendum Bill No. 51 is approved at the November 2002 general
election.
Effective date—1999 c 269: See note following RCW 36.78.070.
Severability—1984 c 7: See note following RCW 47.01.141.
Effective date—1977 c 51: "This 1977 amendatory act is necessary
for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect on July 1, 1977." [1977 c 51 § 4.]
Severability—1977 c 51: "If any provision of this 1977 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 c 51 § 3.]
47.56.730 "No Smoking" areas on ferries—
Establishment directed. The legislature finds that the
public health, safety, and welfare require that "No Smoking"
areas be established on all state ferries since there is a
significant number of our citizens who are nonsmokers. The
department is hereby authorized and directed to adopt rules
(2002 Ed.)
47.56.725
pursuant to the administrative procedure act, chapter 34.05
RCW, to establish and clearly designate areas on all state
operated ferries that are expressly reserved for use by nonsmokers. [1984 c 7 § 287; 1974 ex.s. c 10 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.56.740 Columbia river bridge at Horn Rapids—
Authorized—Approach routes. Subject to the provisions
of RCW 47.56.741, 47.56.742, and 47.56.743, the department of transportation is hereby authorized and directed to
make all necessary surveys and to design and construct a toll
bridge across the Columbia river. The approaches to the toll
bridge shall (1) extend from the bridge to state route number
240 on the west and may include the improvement of the
Horn Rapids Road; (2) extend from the bridge easterly to
state route number 395 and shall include the improvement of
Alder Road; and (3) extend from a point on the easterly
approach road southerly to state route number 182 and shall
include the improvement of existing county roads. [1981 c
327 § 1; 1979 ex.s. c 212 § 1.]
Severability—1979 ex.s. c 212: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 212 § 21.]
47.56.741 Columbia river bridge at Horn Rapids—
Agreements with local governments. If the transportation
commission concludes that construction of a toll bridge
across the Columbia river at North Richland in the vicinity
of the Horn Rapids Road, including approaches, is economically feasible, the department is authorized to enter into
agreements with Richland, Benton county, and Franklin
county in accordance with RCW 47.56.742. [1979 ex.s. c
212 § 2.]
Severability—1979 ex.s. c 212: See note following RCW 47.56.740.
47.56.742 Columbia river bridge at Horn Rapids—
Bonds—Agreements with local governments required.
The transportation commission shall not request the issuance
of any bonds for the construction of the toll bridge and its
approaches unless and until:
(1) Either Richland or Benton county separately or
Richland and Benton county jointly agree with the department to maintain to standards prescribed by the department
the westerly approach from the bridge to state route number
240 including sections of Horn Rapids Road so long as any
bonds issued to pay for the construction of the toll bridge
and its approaches remain outstanding.
(2) Franklin county shall agree with the department to
maintain to standards prescribed by the department the
easterly approach from the bridge to state route number 395
and the approach from the easterly approach road southerly
to state route number 182 so long as any bonds issued to pay
for the construction of the toll bridge and its approaches
remain outstanding. [1981 c 327 § 2; 1979 ex.s. c 212 § 3.]
Severability—1979 ex.s. c 212: See note following RCW 47.56.740.
47.56.743 Columbia river bridge at Horn Rapids—
Bonds—Plans for funding obligations of local governments required. The transportation commission shall not
request the issuance of any bonds for the construction of the
[Title 47 RCW—page 189]
47.56.743
Title 47 RCW: Public Highways and Transportation
toll bridge and its approaches until Benton and Franklin
counties and Richland have adopted specific and acceptable
plans to assure the funding of their respective obligations as
established by the agreements authorized in RCW 47.56.742.
[1979 ex.s. c 212 § 4.]
Severability—1979 ex.s. c 212: See note following RCW 47.56.740.
47.56.744 Columbia river bridge at Horn Rapids—
Agreements with United States—Acceptance of public or
private funds. In order to facilitate the financing of the toll
bridge the department, Benton and Franklin counties, and
Richland may consult, cooperate, and enter into agreements
with the government of the United States or any of its
agencies and accept and expend money from any public or
private source which is now or may be available to assist in
the construction of the bridge. [1979 ex.s. c 212 § 5.]
Severability—1979 ex.s. c 212: See note following RCW 47.56.740.
47.56.745 Columbia river bridge at Horn Rapids—
General obligation bonds authorized—Additional bonds
authorized, restriction. In order to provide funds for the
construction of such bridge and approaches thereto, including
but not limited to all costs of survey, acquisition of rights of
way, design, engineering, and to pay the interest on the
bonds when due during construction and for a period not
exceeding six months after the bridge is open to traffic, there
shall be issued and sold general obligation bonds of the state
of Washington in the principal amount of not to exceed
eighty million dollars or such lesser amount thereof, at such
times as may be determined to be necessary by the department of transportation. At the request of the transportation
commission the state finance committee may issue additional
general obligation bonds of the state of Washington ranking
on a parity with the bonds authorized hereinabove and
subject to the provisions of RCW 47.56.740 through
47.56.756 as now amended, to pay the cost of further
improving the approaches to the bridge or adding additional
bridge lanes or constructing a parallel bridge: PROVIDED,
That such additional bonds shall not be issued without
further express authorization of the legislature. [1981 c 327
§ 3; 1979 ex.s. c 212 § 6.]
Severability—1979 ex.s. c 212: See note following RCW 47.56.740.
47.56.746 Columbia river bridge at Horn Rapids—
Bonds—Issuance, sale, retirement supervised by state
finance committee. The issuance, sale, and retirement of
said bonds shall be under the supervision and control of the
state finance committee which, upon request being made by
the department of transportation shall provide for the
issuance, sale, and retirement of coupon or registered bonds
to be dated, issued, and sold from time to time in such
amounts as the department of transportation shall determine
to be necessary to meet the purposes specified in RCW
47.56.745. [1979 ex.s. c 212 § 7.]
Severability—1979 ex.s. c 212: See note following RCW 47.56.740.
47.56.747 Columbia river bridge at Horn Rapids—
Bonds—Term—Terms and conditions—Signatures—
Registration—Where payable—Negotiable instruments—
Legal investment for state funds—Bond anticipation
notes. Each of such bonds shall be made payable at any
[Title 47 RCW—page 190]
time not exceeding thirty years from the date of issuance.
The state finance committee is authorized to prescribe the
form, terms, conditions, and covenants of the bonds and/or
bond anticipation notes provided for in this section, the time
or times of sale of all or any portion of them, and the conditions and manner of their sale and issuance. The bonds shall
be signed by the governor and the state treasurer under the
seal of the state, one of which signatures shall be made
manually and the other signature may be in printed facsimile, and any coupons attached to such bonds shall be signed
by the same officers whose signatures thereon may be in
printed facsimile. Any bonds may be registered in the name
of the holder on presentation to the fiscal agency of the state
of Washington in Seattle or New York City as to principal
alone, or as to both principal and interest under such
regulations as the state treasurer may prescribe. Such bonds
shall be payable at such places as the state finance committee may provide. All bonds issued hereunder, unless
registered, shall be fully negotiable instruments. The bonds
shall be legal investments for all state funds or for funds
under state control and all funds of municipal corporations.
At such time as a determination has been made to issue
the general obligation bonds or a portion thereof as authorized in RCW 47.56.745, the state finance committee may,
pending the issuance thereof, issue in the name of the state
temporary notes in anticipation of the issuance of the bonds,
which notes shall be designated as "bond anticipation notes."
If, prior to the issuance of such bonds, it becomes necessary
to redeem outstanding notes, additional bond anticipation
notes may be issued to redeem such outstanding notes and
to pay interest thereon. Such portion of the proceeds of the
sale of the bonds as may be required for the payment of
principal of and redemption premium, if any, and interest on
the notes shall be applied thereto when the bonds are issued.
[1979 ex.s. c 212 § 8.]
Severability—1979 ex.s. c 212: See note following RCW 47.56.740.
47.56.748 Columbia river bridge at Horn Rapids—
Bonds—Bond proceeds—Deposit and use. Except for that
portion of the proceeds required to pay bond anticipation
notes under RCW 47.56.747, and except as provided in
RCW 47.56.750, the money arising from the sale of said
bonds shall be deposited in the state treasury to the credit of
the Columbia river toll bridge account hereby created in the
motor vehicle fund, and such money shall be available only
for the purposes enumerated in RCW 47.56.745, for payment
of the expense incurred in the issuance and sale of any such
bonds and to repay the motor vehicle fund for any sums
advanced to pay the cost of surveys, location, design, right
of way, and all other things preliminary to the construction
of the bridge and its approaches. [1981 c 327 § 4; 1979
ex.s. c 212 § 9.]
Severability—1979 ex.s. c 212: See note following RCW 47.56.740.
47.56.749 Columbia river bridge at Horn Rapids—
Bonds—Statement describing nature of obligation—
Sources of payment. Bonds and bond anticipation notes
issued under the provisions of RCW 47.56.740 through
47.56.756 shall distinctly state that they are a general
obligation of the state of Washington, shall pledge the full
faith and credit of the state to the payment of the principal
(2002 Ed.)
State Toll Bridges, Tunnels, and Ferries
thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the
same shall become due. The principal of and interest on
such bonds shall be first payable in the manner provided in
chapter 212, Laws of 1979 ex. sess. from the proceeds of
state excise taxes on motor vehicles and special fuels
imposed by chapters 82.36 and 82.38 RCW and from the
tolls and revenues derived from the operation of such toll
bridge. [1995 c 274 § 15; 1979 ex.s. c 212 § 10.]
47.56.749
towns shall be repaid from the first moneys distributed to the
state not required for redemption of the bonds or interest
thereon. The legislature covenants and pledges that it shall
at all times provide sufficient revenues from the imposition
of such excise taxes to pay the principal and interest due on
the bonds. [1999 c 269 § 13; 1995 c 274 § 16; 1979 ex.s.
c 212 § 11.]
Effective date—1999 c 269: See note following RCW 36.78.070.
Severability—1979 ex.s. c 212: See note following RCW 47.56.740.
Severability—1979 ex.s. c 212: See note following RCW 47.56.740.
47.56.750 Columbia river bridge at Horn Rapids—
Bonds—Account created in highway bond retirement
fund—Deposit of revenue—Pledge of excise taxes—
Repayment procedure—Legislative covenant. There is
hereby created in the highway bond retirement fund in the
state treasury a special account to be known as the Columbia
river toll bridge account into which shall be deposited any
capitalized interest from the proceeds of the bonds, and at
least monthly all of the tolls and other revenues received
from the operation of the toll bridge and from any interest
which may be earned from the deposit or investment of these
revenues after the payment of costs of operation, maintenance, management, and necessary repairs of the facility.
The principal of and interest on the bonds shall be paid first
from money deposited in the Columbia river toll bridge
account in the highway bond retirement fund, and then, to
the extent that money deposited in that account is insufficient to make any such payment when due, from the state
excise taxes on motor vehicle and special fuels deposited in
the highway bond retirement fund. There is hereby pledged
the proceeds of state excise taxes on motor vehicle and
special fuels imposed under chapters 82.36 and 82.38 RCW
to pay the bonds and interest thereon, and the legislature
hereby agrees to continue to impose the same excise taxes
on motor vehicle and special fuels in amounts sufficient to
pay, when due, the principal and interest on the bonds if the
money deposited in the Columbia river toll bridge account
of the highway bond retirement fund is insufficient to make
such payments. Not less than fifteen days prior to the date
any interest or principal and interest payments are due, the
state finance committee shall certify to the state treasurer
such amount of additional moneys as may be required for
debt service, and the treasurer shall thereupon transfer from
the motor vehicle fund such amount from the proceeds of
such excise taxes into the highway bond retirement fund.
Any proceeds of such excise taxes required for these
purposes shall first be taken from that portion of the motor
vehicle fund which results from the imposition of the excise
taxes on motor vehicle and special fuels and which is
distributed to the state. If the proceeds from the excise taxes
distributed to the state are ever insufficient to meet the required payments on principal or interest on the bonds when
due, the amount required to make the payments on the
principal or interest shall next be taken from that portion of
the motor vehicle fund which results from the imposition of
excise taxes on motor vehicle and special fuels and which is
distributed to the state, counties, cities, and towns pursuant
to RCW 46.68.090. Any payments of the principal or
interest taken from the motor vehicle or special fuel tax
revenues which are distributable to the counties, cities, and
(2002 Ed.)
47.56.751 Columbia river bridge at Horn Rapids—
Operation by department of transportation—Amount
and duration of tolls—Use of motor vehicle fund moneys—Priority of payments—Trust fund—Covenants by
state finance committee. (1) The department of transportation is authorized to operate and assume full control of the
bridge and shall fix and maintain the tolls and charges in the
manner provided by RCW 47.56.240 so that when collected
they will produce revenues sufficient to pay all expenses of
operating, maintaining, managing, and repairing the toll
bridge including all insurance costs and the amounts required
to pay the principal and interest on the bonds when due and
to satisfy the other obligations set forth in RCW 47.56.740
through 47.56.756 and 47.56.220 as now or hereafter
amended: PROVIDED, That revision of tolls and charges
shall be determined by the department after considering the
effect upon the traffic using the bridge and the projected
revenues which will result from the increase of tolls and
charges for the use of the bridge.
(2) To the extent that net revenues and income are
insufficient to meet the required payments of principal and
interest on bonds, the department shall use moneys pledged
from the motor vehicle fund as provided in RCW 47.56.750.
(3) The payment of the principal of and the interest on
the bonds shall constitute a first direct and exclusive charge
and lien on all such tolls and other revenues and interest
thereon received from the use and operation of the Columbia
river toll bridge, after the payment of all expenses of
operating, maintaining, managing, and repairing the toll
bridge, and such tolls and revenues together with interest
earned thereon, and all other money deposited in the Columbia river toll bridge account in the highway bond redemption
fund, shall constitute a trust fund for the security and
payment of such bonds, or bonds refunding such bonds, and
shall not be used or pledged for any other purpose as long
as such bonds or any of them are outstanding and unpaid.
(4) The state finance committee may on behalf of the
state make such covenants in connection with the bond
proceedings or otherwise to assure the maintenance of the
tolls and charges on the Columbia river toll bridge, the
proper application thereof, the proper operation, maintenance,
management, and repair of the bridge to provide for and
secure the timely payment of the bonds. Such covenants
shall be binding on the department of transportation and
transportation commission. [1979 ex.s. c 212 § 12.]
Severability—1979 ex.s. c 212: See note following RCW 47.56.740.
47.56.752 Columbia river bridge at Horn Rapids—
Toll revenue trust fund—Transfer of surplus moneys.
All tolls or other revenues received from the operation of the
Columbia toll bridge constructed with the proceeds of bonds
[Title 47 RCW—page 191]
47.56.752
Title 47 RCW: Public Highways and Transportation
issued and sold hereunder shall be paid over by the department of transportation to the state treasurer who shall deposit
the same forthwith as demand deposits in such depositary or
depositaries as may be authorized by law to receive deposits
of state funds to the credit of a special trust fund to be
designated as the toll revenue fund of the Columbia river toll
bridge, which fund shall be a trust fund and shall at all times
be kept segregated and set apart from all other funds.
After provision has been made for payment of costs of
operation, maintenance, management and necessary repairs
of the facility, the surplus moneys available in the toll
revenue fund, or so much thereof as may be required, shall
be transferred monthly to the Columbia river toll bridge
account of the highway bond retirement fund to pay the
principal of and interest on the bonds authorized by RCW
47.56.745. [1979 ex.s. c 212 § 13.]
Severability—1979 ex.s. c 212: See note following RCW 47.56.740.
47.56.755 Columbia river bridge at Horn Rapids—
When toll free—Conveyance to city or counties. Upon
the redemption of all bonds issued pursuant to RCW
47.56.745 and the repayment of all other obligations to the
motor vehicle fund as authorized by RCW 47.56.753, the
department of transportation shall remove the tolls and
transfer the bridge and its approaches to the city and/or
counties having jurisdiction thereof, and the bridge and its
approaches shall become a county road or in part a county
road and in part a city street. The bridge, its approaches,
and right of way shall be conveyed to the city or counties by
deed executed by the secretary of transportation. [1979 ex.s.
c 212 § 16.]
Severability—1979 ex.s. c 212: See note following RCW 47.56.740.
Severability—1979 ex.s. c 212: See note following RCW 47.56.740.
47.56.753 Columbia river bridge at Horn Rapids—
Repayment of motor vehicle fund money—Continuation
of tolls. Any moneys from the motor vehicle fund used by
the department for payment of expenses of location, maintenance, repair, and operation of the bridge and approaches,
and principal or interest on any bonds issued pursuant to
RCW 47.56.745, or any subsequent refunding bond issue,
shall be repaid to the motor vehicle fund from revenues of
the project after all such bonds have been retired. Tolls
shall be continued for any additional length of time necessary for this purpose. [1979 ex.s. c 212 § 14.]
Appropriation, repayment to motor vehicle fund—1981 c 327:
"There is appropriated from the motor vehicle fund to the department of
transportation for the biennium ending June 30, 1983, the sum of one
million dollars, or so much thereof as may be necessary for the purpose of
surveys, location, design, right of way, and all other things preliminary to
the construction of the toll bridge described in RCW 47.56.740 as now
amended together with its approaches. All funds expended from this
appropriation shall be considered a loan and shall be repaid to the motor
vehicle fund from the proceeds from the sale of bonds for this project."
[1981 c 327 § 5.]
Appropriation, repayment to motor vehicle fund—1979 ex.s. c 212:
"There is appropriated from the motor vehicle fund to the department of
transportation for the biennium ending June 30, 1981, the sum of one
million dollars, or so much thereof as may be necessary for the purpose of
surveys, location, design, right of way, and all other things preliminary to
the construction of the bridge and its approaches. All funds expended from
this appropriation shall be considered a loan and shall be repaid to the
motor vehicle fund upon the sale of bonds for this project." [1979 ex.s. c
212 § 20.]
Severability—1979 ex.s. c 212: See note following RCW 47.56.740.
47.56.754 Columbia river bridge at Horn Rapids—
Ferries, urban arterials, Spokane river toll bridges,
bonds—Lien against fuel tax revenues. Except as otherwise provided by statute, the bonds issued under authority of
RCW 47.56.745, the bonds authorized by RCW 47.60.560
through 47.60.640, the bonds authorized by chapter 5, Laws
of 1979, and chapter 131, Laws of 1979, and any additional
general obligation bonds of the state of Washington which
may be authorized by the forty-sixth legislature or thereafter
and which pledge motor vehicle and special fuel excise taxes
for the payment of principal thereof and interest thereon
shall be an equal charge and lien against the revenues from
such motor vehicle and special fuel excise taxes. [1979 ex.s.
c 212 § 15.]
[Title 47 RCW—page 192]
47.56.756 Additional bridge at Columbia Point
authorized. Notwithstanding the provisions of RCW
47.56.220 as now or hereafter amended, the department may
design and construct an additional bridge across the Columbia river in the vicinity of Columbia Point. [1979 ex.s. c
212 § 17.]
Severability—1979 ex.s. c 212: See note following RCW 47.56.740.
47.56.760 First Avenue South bridge in Seattle—
Study by commission—Bonds, tolls—Additional funding.
(1) The transportation commission is authorized to conduct
a study, to be paid from category C funds, to determine the
economic and operational feasibility and consistency with
federal laws of constructing, entirely or in part with tollfinanced revenue bonds, a new parallel bridge and approaches on First Avenue South in Seattle, together with reconstruction of approaches to the existing bridge and connections to existing city street systems as necessary.
(2) If the commission concludes that construction,
entirely or in part with toll-financed revenue bonds, of the
facilities described in subsection (1) of this section is
economically and operationally feasible and consistent with
federal law, the commission may:
(a) Issue and sell revenue bonds under the provisions of
this chapter for the purpose of constructing the facilities
described in subsection (1) of this section; and
(b) Impose and collect tolls on the facilities for the
purpose of funding the revenue bonds issued under this
section.
(3) The commission shall seek additional funding for the
bridge from local sources, including the city, county, and
port district. Any funding obtained from local sources shall
be matched by an equal amount of category C state funds
under chapter 47.05 RCW. [1987 c 510 § 1.]
47.56.761 First Avenue South bridge in Seattle—
Study by city—Tolls—Revenues. The city of Seattle is
authorized to conduct a study, to be paid for wholly from
city funds, to determine the operational feasibility and
consistency with federal law of charging tolls on the First
Avenue South Bridge on State Route 99. The study is to be
conducted in cooperation with the department of transportation. If the city of Seattle and the department of transportation determine that the charging of tolls is feasible and
(2002 Ed.)
State Toll Bridges, Tunnels, and Ferries
consistent with federal law, then the city is authorized to
charge reasonable tolls and to construct, operate and maintain toll collection facilities on the bridge.
The toll collection revenues less the costs of collection
shall be placed in a separate account solely for the purpose
of financial participation with the state and other local
governmental entities in the construction, when commenced
by the department of transportation, of a new parallel bridge
and approaches on First Avenue South in Seattle, together
with reconstruction of approaches to the existing bridge and
connections to existing city street systems as necessary.
Interest generated by funds within the account shall be
credited to that account in their entirety. [1987 c 510 § 2.]
47.56.770 Refunding bonds—Authorized. The state
finance committee is authorized to issue refunding bonds and
use other available money to refund, defease, and redeem all
of those toll bridge authority, ferry, and Hood Canal bridge
refunding revenue bonds under RCW 47.56.771 through
47.56.774. [1993 c 4 § 2.]
Legislative declaration—1993 c 4: "It is declared that it is in the
best interest of the state to modify the debt service and reserve requirements, sources of payment, covenants, and other terms of the outstanding
toll bridge authority, ferry, and Hood Canal bridge refunding revenue
bonds." [1993 c 4 § 1.]
Effective date—1993 c 4: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 12, 1993]." [1993 c 4 § 11.]
47.56.771 Refunding bonds—General obligation—
Signatures, negotiability—Payment of principal and
interest—Pledge of excise taxes. (1) The refunding bonds
authorized under RCW 47.56.770 shall be general obligation
bonds of the state of Washington and shall be issued in a
total principal amount not to exceed fifteen million dollars.
The exact amount of refunding bonds to be issued shall be
determined by the state finance committee after calculating
the amount of money deposited with the trustee for the
bonds to be refunded which can be used to redeem or
defease outstanding toll bridge authority, ferry, and Hood
Canal bridge revenue bonds after the setting aside of
sufficient money from that fund to pay the first interest
installment on the refunding bonds. The refunding bonds
shall be serial in form maturing at such time, in such
amounts, having such denomination or denominations,
redemption privileges, and having such terms and conditions
as determined by the state finance committee. The last
maturity date of the refunding bonds shall not be later than
January 1, 2002.
(2) The refunding bonds shall be signed by the governor
and the state treasurer under the seal of the state, which
signatures shall be made manually or in printed facsimile.
The bonds shall be registered in the name of the owner in
accordance with chapter 39.46 RCW. The refunding bonds
shall distinctly state that they are a general obligation of the
state of Washington, shall pledge the full faith and credit of
the state, and shall contain an unconditional promise to pay
the principal thereof and the interest thereon when due. The
refunding bonds shall be fully negotiable instruments.
(3) The principal and interest on the refunding bonds
shall be first payable in the manner provided in this section
(2002 Ed.)
47.56.761
from the proceeds of state excise taxes on motor vehicle and
special fuels imposed by chapters 82.36 and 82.38 RCW.
(4) The principal of and interest on the refunding bonds
shall be paid first from the state excise taxes on motor
vehicle and special fuels deposited in the ferry bond retirement fund. There is hereby pledged the proceeds of state
excise taxes on motor vehicle and special fuels imposed
under chapters 82.36 and 82.38 RCW to pay the refunding
bonds and interest thereon, and the legislature hereby agrees
to continue to impose the same excise taxes on motor
vehicle and special fuels in amounts sufficient to pay, when
due, the principal and interest on the refunding bonds. Not
less than fifteen days prior to the date any interest or
principal and interest payments are due, the state finance
committee shall certify to the state treasurer such amount of
additional money as may be required for debt service, and
the treasurer shall thereupon transfer from the motor vehicle
fund such amount from the proceeds of such excise taxes
into the ferry bond retirement fund. Any proceeds of such
excise taxes required for these purposes shall first be taken
from that portion of the motor vehicle fund which results
from the imposition of the excise taxes on motor vehicle and
special fuels and which is distributed to the Puget Sound
capital construction account. If the proceeds from excise
taxes distributed to the state are ever insufficient to meet the
required payments on principal or interest on the refunding
bonds when due, the amount required to make the payments
on the principal or interest shall next be taken from that
portion of the motor vehicle fund which results from the
imposition of excise taxes on motor vehicle and special fuels
and which is distributed to the state, counties, cities, and
towns pursuant to RCW 46.68.090. Any payments of the
principal or interest taken from the motor vehicle or special
fuel tax revenues which are distributable to the counties,
cities, and towns shall be repaid from the first money
distributed to the state not required for redemption of the refunding bonds or interest thereon. The legislature covenants
that it shall at all times provide sufficient revenues from the
imposition of such excise taxes to pay the principal and
interest due on the refunding bonds. [1999 c 269 § 14; 1995
c 274 § 17; 1993 c 4 § 3.]
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative declaration—Effective date—1993 c 4: See notes
following RCW 47.56.770.
47.56.772 Refunding bonds—Liquidation of existing
bond funds. Upon the issuance of refunding bonds as
authorized by RCW 47.56.770, the department of transportation may liquidate the existing bond fund and other
funds and accounts established in the proceedings which
authorized the issuance of the outstanding toll bridge
authority, ferry, and Hood Canal bridge refunding revenue
bonds and apply the money contained in those funds and
accounts to the defeasance and redemption of outstanding
toll bridge authority, ferry, and Hood Canal refunding
revenue bonds, except that prior to such bond redemption,
money sufficient to pay the first interest installment on the
refunding bonds shall be deposited in the ferry bond retirement fund. Money remaining in such funds not used for
such bond defeasance and redemption or first interest
installment on the refunding bonds shall be transferred to
[Title 47 RCW—page 193]
47.56.772
Title 47 RCW: Public Highways and Transportation
and deposited in the Puget Sound ferry operations account
created under RCW 47.60.530. [1999 c 94 § 25; 1993 c 4
§ 4.]
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Legislative declaration—Effective date—1993 c 4: See notes
following RCW 47.56.770.
47.56.773 Refunding bonds—Repayment to Puget
Sound capital construction account. Any money appropriated from the Puget Sound capital construction account
under section 10, chapter 4, Laws of 1993 and expended to
pay expenses of issuing the refunding bonds authorized by
RCW 47.56.770, and any money in the Puget Sound capital
construction account subsequently used to pay principal and
interest on the refunding bonds authorized by RCW
47.56.770 shall be repaid to the Puget Sound capital construction account for use by the department of transportation.
[1993 c 4 § 5.]
Legislative declaration—Effective date—1993 c 4: See notes
following RCW 47.56.770.
47.56.774 Various bond issues—Charge against fuel
tax revenues. Except as otherwise provided by statute, the
refunding bonds issued under authority of RCW 47.56.770,
the bonds authorized by RCW 47.60.560 through 47.60.640,
the bonds authorized by RCW 47.26.420 through 47.26.427,
and any general obligation bonds of the state of Washington
which have been or may be authorized by the legislature
after the enactment of those sections and which pledge motor
vehicle and special fuel excise taxes for the payment of
principal thereof and interest thereon shall be an equal
charge and lien against the revenues from such motor vehicle
and special fuel excise taxes. [1993 c 4 § 6.]
Legislative declaration—Effective date—1993 c 4: See notes
following RCW 47.56.770.
Chapter 47.58
EXISTING AND ADDITIONAL BRIDGES
Sections
47.58.010
Improvement of existing bridge and construction of new
bridge as single project—Agreement—Tolls.
47.58.020 Examinations and surveys—Preliminary expenses—
Financing.
47.58.030 Construction, operation of bridges—Collection of tolls—
Schedule of charges.
47.58.040 Revenue bonds—Form—Sale—Interim bonds—Deposit of
proceeds.
47.58.050 Revenue bonds—Expenses includable—Conditions—
Remedies of bondholders.
47.58.060 Bond resolution—Disposition of income and revenues.
47.58.070 Bonds legal investment for state moneys.
47.58.080 Eminent domain.
47.58.090 Study of projects—Specific authorization of construction
and finance.
47.58.500 Manette bridge—Port Washington Narrows project.
47.58.900 Chapter provides additional method.
Bridges over navigable waters: RCW 79.91.090 through 79.91.120.
47.58.010 Improvement of existing bridge and
construction of new bridge as single project—
Agreement—Tolls. Whenever the legislature specifically
authorizes, as a single project, the construction of an
[Title 47 RCW—page 194]
additional toll bridge, including approaches, and the reconstruction of an existing adjacent bridge, including approaches, and the imposition of tolls on both bridges, the
department is authorized to enter into appropriate agreements
whereunder the existing bridge or its approaches will be
reconstructed and improved and an additional bridge,
including approaches and connecting highways will be
constructed as a part of the same project to be located
adjacent to or within two miles of the existing bridge and
will be financed through the issuance of revenue bonds of
the same series. The department has the right to impose
tolls for traffic over the existing bridge as well as the
additional bridge for the purpose of paying the cost of operation and maintenance of the bridge or bridges and the
interest on and creating a sinking fund for retirement of
revenue bonds issued for account of such project, all in the
manner permitted and provided by this chapter. [1984 c 7
§ 288; 1961 c 13 § 47.58.010. Prior: 1955 c 208 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.58.020 Examinations and surveys—Preliminary
expenses—Financing. For the purpose of obtaining
information as to the necessity of the reconstruction or
improvement of any such bridge and the expediency of
constructing any such additional bridge it is the duty of the
department to make any examination, investigation, survey,
or reconnaissance pertaining thereto. The cost of any such
examination, investigation, survey, or reconnaissance, and all
preliminary expenses in the issuance of any revenue bonds,
making surveys and appraisals and drafting, printing,
issuance, and sale of bonds under this chapter, shall be
advanced by any interested municipality, agency, or department of the state of Washington. All such advancements
shall be reimbursed out of any proceeds derived from the
sale of bonds or out of tolls and revenues to be derived by
the department through its operations hereunder for account
of the project, as may be agreed upon between the department and the municipality, agency, or department. [1984 c
7 § 289; 1961 c 13 § 47.58.020. Prior: 1955 c 208 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.58.030 Construction, operation of bridges—
Collection of tolls—Schedule of charges. The secretary
shall have full charge of the construction of all such improvements and reconstruction work and the construction of
any additional bridge, including approaches and connecting
highways, that may be authorized under this chapter and the
operation of such bridge or bridges, as well as the collection
of tolls and other charges for services and facilities thereby
afforded. The schedule of charges for the services and
facilities shall be fixed and revised from time to time by the
commission so that the tolls and revenues collected will
yield annual revenue and income sufficient, after payment or
allowance for all operating, maintenance, and repair expenses, to pay the interest on all revenue bonds outstanding
under the provisions of this chapter for account of the
project and to create a sinking fund for the retirement of the
revenue bonds at or prior to maturity. The charges shall be
continued until all such bonds and interest thereon and
unpaid advancements, if any, have been paid. [1984 c 7 §
290; 1961 c 13 § 47.58.030. Prior: 1955 c 208 § 3.]
(2002 Ed.)
Existing and Additional Bridges
Severability—1984 c 7: See note following RCW 47.01.141.
47.58.040 Revenue bonds—Form—Sale—Interim
bonds—Deposit of proceeds. For the purpose of paying the
cost of all or any part of the improvement and reconstruction
work and the construction of any additional bridge, approaches thereto, and connecting highways, the department
is hereby authorized by resolution to issue its revenue bonds
which shall constitute obligations only of the department and
shall be payable from any funds available except revenue
from the general fund, including but not limited to the
revenues and income from the operation of the bridge or
bridges constituting the project as may be provided in and by
such resolution. Each such revenue bond shall contain a
recital that payment or redemption of the bond and payment
of the interest thereon is secured by a direct charge and lien
upon the tolls and revenues pledged for that purpose and that
such bond does not constitute an indebtedness of the state of
Washington. Such revenue bonds may bear such date or
dates, may mature at such time or times as the department
shall determine, may bear interest at such rate or rates, may
be in such denomination or denominations, may be in such
form, either coupon or registered, may carry such registration
and conversion privileges, may be made subject to such
terms of redemption with or without premium, and may
contain such other terms and covenants not inconsistent with
this chapter as may be provided in such resolution. Notwithstanding the form or tenor of the bond, and in the
absence of an express recital on its face that the bond is
nonnegotiable, each such revenue bond shall at all times be
and shall be treated as a negotiable instrument for all purposes. All such bonds shall be signed by the state treasurer
and countersigned by the governor, and any interest coupons
appertaining thereto shall bear the signature of the state
treasurer. The countersignature of the governor on the bonds
and the signature of the state treasurer on the coupons may
be their printed or lithographed facsimile signatures.
Pending the issuance of definitive bonds, temporary or
interim bonds, certificates, or receipts of any denomination
and with or without coupons attached may be issued as may
be provided by the resolution. All bonds issued under or by
authority of this chapter shall be sold to the highest and best
bidder at such price or prices, at such rate or rates of
interest, and after such advertising for bids as the department
may deem proper, but it may reject any and all bids so
submitted and thereafter sell the bonds so advertised under
such terms and conditions as it deems advantageous. The
purchase price of all bonds issued hereunder shall be paid to
the state treasurer consistent with the provisions of the
resolution pursuant to which the bonds have been issued or
to the trustee designated in the bond resolution and held as
a separate trust fund to be disbursed on the orders of the
department. [1984 c 7 § 291; 1973 c 106 § 27; 1970 ex.s.
c 56 § 64; 1969 ex.s. c 232 § 78; 1961 c 102 § 1; 1961 c 13
§ 47.58.040. Prior: 1955 c 208 § 4.]
Severability—1984 c 7: See note following RCW 47.01.141.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
(2002 Ed.)
47.58.030
47.58.050 Revenue bonds—Expenses includable—
Conditions—Remedies of bondholders. In determining the
amount of bonds required to be issued, there may be
included any expenses incurred or approved by the department in connection with and incidental to the issuance and
sale of bonds and for the preparation of surveys and estimates and making inspections and examinations, required
reserves, if any, interest during the estimated construction
period and for six months thereafter, and a reasonable
amount for initial operating expenses and prepaid insurance.
The department is hereby empowered to include in any
resolution authorizing the issuance of the bonds such covenants, stipulations, and conditions as it deems necessary with
respect to the continued use and application of the revenues
and income from the bridge or bridges. The holder of any
bond or the trustee for any bonds designated by resolution
may by mandamus or other appropriate proceeding compel
performance of any duties imposed upon any state department, official, or employee, including any duties imposed
upon or undertaken by the department or its officers, agents,
and employees in connection with any improvement or
reconstruction work on any existing bridge, the construction
of any additional bridge, including approaches and connecting highways provided to be so constructed, the maintenance
and operation of the bridge or bridges and in connection
with the collection, deposit, investment, application, and
disbursement of the proceeds of the bonds and the revenues
and income derived from the operation of the bridge or
bridges. [1984 c 7 § 292; 1961 c 13 § 47.58.050. Prior:
1955 c 208 § 5.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.58.060 Bond resolution—Disposition of income
and revenues. Each resolution providing for the issuance of
revenue bonds shall provide for setting aside the necessary
amounts for the reasonable and proper operation, maintenance, and repair expenses, and shall fix and determine the
amounts to be set apart and applied to the payment of the
interest on and retirement of the revenue bonds. All income
and revenues as collected shall be paid to the state treasurer
for the account of the department as a separate trust fund to
be segregated and set apart for the payment of the revenue
bonds, or may be remitted to and held by a designated
trustee in such manner and with such collateral as may be
provided in the resolution authorizing the issuance of the
bonds. [1984 c 7 § 293; 1961 c 13 § 47.58.060. Prior:
1955 c 208 § 6.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.58.070 Bonds legal investment for state moneys.
Notwithstanding any other provision of the law, bonds issued
under this chapter shall be legal investments by the state
investment board of any state moneys in its hands, except
permanent school funds. [1981 c 3 § 39; 1961 c 13 §
47.58.070. Prior: 1955 c 208 § 7.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
47.58.080 Eminent domain. The department is
hereby authorized and empowered to acquire in the name of
the state by the exercise of the power of eminent domain any
[Title 47 RCW—page 195]
47.58.080
Title 47 RCW: Public Highways and Transportation
lands, property, rights, rights of way, franchises, easements,
and other property of any person, firm, corporation, political
subdivision, or other owner, deemed necessary or convenient
for the construction, reconstruction, improvement, and
operation of any project initiated and carried on by the
department under this chapter. The proceedings shall be in
accordance with and subject to the provisions of any and all
laws applicable to the exercise of the power of eminent
domain by the state. [1984 c 7 § 294; 1961 c 13 §
47.58.080. Prior: 1955 c 208 § 8.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.58.090 Study of projects—Specific authorization
of construction and finance. Under the provisions of this
chapter, projects other than those specifically authorized
herein involving existing bridges may be studied and
analyzed by the department, and recommendations therefor
may be submitted to the legislature, but such other projects
shall not be financed or constructed by the department under
the provisions of this chapter until further specific authorization therefor has been provided by the legislature. [1984 c
7 § 295; 1961 c 13 § 47.58.090. Prior: 1955 c 208 § 11.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.58.500 Manette bridge—Port Washington
Narrows project. (1) The authority is especially authorized
under the provisions of this chapter to reconstruct and
improve the existing approaches and construct new approaches to the Manette bridge on secondary state highway
21-B in the city of Bremerton, and to construct an additional
bridge, including approaches, over Port Washington Narrows
in the vicinity of the said Manette bridge, at such exact location as may be selected by the director of highways, the state
highway commission and the authority. Such project shall
be known and designated as the Port Washington Narrows
project and such new bridge and approaches when constructed shall be and become an integral part of the state
highway system to be connected with and be a part of
secondary state highway 21-B.
(2) The authority shall have the right to impose tolls for
pedestrian and vehicular traffic over the existing Manette
bridge, as well as such new bridge when constructed, for the
purpose of paying the costs of reconstructing and improving
approaches and constructing new approaches to the existing
Manette bridge, constructing the new bridge in the vicinity
thereof, to pay interest on and create a sinking fund for the
retirement of revenue bonds issued for account of such
project, and to pay any and all costs and expenses incurred
by the authority in connection with and incidental to the
issuance and sale of bonds, and for the preparation of
surveys and estimates and to establish the required interest
reserves for and during the estimated construction period and
for six months thereafter. [1961 c 13 § 47.58.500. Prior:
1955 c 208 § 10.]
alternative method for the doing of the things authorized
thereby, and shall be regarded as supplemental and additional
to powers conferred by other laws, and shall not be regarded
as in derogation of any powers existing on June 8, 1955.
[1961 c 13 § 47.58.900. Prior: 1955 c 208 § 9.]
Chapter 47.60
PUGET SOUND FERRY AND
TOLL BRIDGE SYSTEM
Sections
47.60.010
47.60.013
47.60.015
47.60.017
47.60.020
47.60.030
47.60.040
47.60.050
47.60.060
47.60.080
47.60.090
47.60.100
47.60.110
47.60.113
47.60.114
47.60.115
47.60.120
47.60.122
47.60.124
47.60.126
47.60.130
47.60.135
47.60.140
47.60.145
47.60.150
47.60.170
47.60.200
47.60.210
47.60.220
47.60.230
47.60.240
47.60.250
47.60.260
47.60.270
47.60.275
47.60.277
47.60.280
47.60.282
Reviser’s note: Powers, duties, and functions of toll bridge authority,
highway commission, and director of highways transferred to department of
transportation; see RCW 47.01.031. Terms "authority" and "state highway
commission" mean department of transportation; term "director of highways" means secretary of transportation; see RCW 47.04.015.
47.60.283
47.58.900 Chapter provides additional method.
This chapter shall be deemed to provide an additional and
47.60.326
[Title 47 RCW—page 196]
47.60.290
47.60.300
47.60.310
Ferry system, toll bridges, and facilities authorized—Power
to contract, sell and lease back.
Emergency powers of governor to insure continued operation of ferry and toll bridge system—Cost reimbursement.
"Washington State Ferries"—Name authorized.
State ferry system a public mass transportation system.
Eminent domain—Condemnation proceedings.
Existing contracts—Prior negotiations and bids validated.
Survey by department.
Improvement of facilities—Financing.
Revenue bonds authorized—Issuance—Conditions—
Negotiability—Interim bonds.
Determining amount of bonds to be issued.
Sale of bonds—Deposit, disbursement of proceeds.
Bonds are legal investment for state moneys.
Bondholders may compel performance.
Refunding bonds—Authorization—Amount—Interest—
Conditions.
Refunding bonds—Payable from revenues.
Refunding bonds—Disposition—Laws applicable.
Other crossings—Infringement of existing franchises—
Waivers.
Ferries, terminal facilities—Interim revenue warrants authorized.
Revenue refunding bonds to redeem interim warrants.
Interim warrants and refunding bonds—Laws applicable.
Unit or combined operation—Continuous project—Rental,
charter, lease of system property—Sale of unneeded
property.
Charter of state ferries for transporting hazardous materials.
System as self-liquidating undertaking—Powers of department—Concessions.
Historic ferries—Acquisition by qualified persons or organizations.
Fixing of charges—Deposit of revenues.
Ferries revolving fund—Deposit of excess funds.
Consent to liability not general liability of state.
Seamen may sue for injuries—Venue.
Department as common carrier—Rights and liabilities.
Liability for damages as to persons or property.
Liability to persons other than shippers or passengers—
Limitation.
Claim for damages—Filing—Contents—Time limitations.
Payment of claims.
Venue of actions—Enforcement of judgment.
Local law enforcement officers on ferries and terminals.
"No Smoking" areas on state ferries—Establishment directed.
Ferry service—Lummi Island to Orcas Island—Limitation
on operation.
Ferry service between Port Townsend and Keystone—
Operation authorized, when.
Ferry service between Port Townsend and Keystone—
Purpose.
State ferries—Review of tariffs and charges.
State ferries—Scope of review—Periodic reviews required.
State ferries—Local expressions—Ferry advisory committees.
Schedule of charges for state ferries—Review by department, factors considered—Rule making by commission.
(2002 Ed.)
Puget Sound Ferry and Toll Bridge System
47.60.330
47.60.400
47.60.420
47.60.430
47.60.440
47.60.445
47.60.450
47.60.500
47.60.502
47.60.503
47.60.505
47.60.530
47.60.550
47.60.560
47.60.570
47.60.580
47.60.590
47.60.600
47.60.610
47.60.620
47.60.630
47.60.640
47.60.645
47.60.649
47.60.652
47.60.654
47.60.680
47.60.690
47.60.700
47.60.710
47.60.720
47.60.730
47.60.740
47.60.750
47.60.760
47.60.770
47.60.772
47.60.774
47.60.776
47.60.778
47.60.780
47.60.800
47.60.802
47.60.804
47.60.806
47.60.808
47.60.810
(2002 Ed.)
Public participation.
Refunding bonds authorized, 1961 Act.
Additional revenue bonds, refunding bonds, authorized,
1961 Act—Prior charge against Puget Sound capital
construction account if ferry system revenues insufficient.
Additional revenue bonds, refunding bonds, authorized,
1961 Act—Agreement to continue imposition of certain
taxes.
Additional revenue bonds, refunding bonds, authorized,
1961 Act—Ferry system a revenue-producing undertaking—Debt service—Tolls on ferry system and Hood
Canal bridge.
Hood Canal bridge—Tolls, upkeep costs.
Additional revenue bonds, refunding bonds, authorized,
1961 Act—Revision of tolls to meet debt service.
Acquisition of additional ferries—Legislative finding—
Department authority.
Hood Canal bridge—Legislative finding—Authority to restore or replace.
Hood Canal bridge—Authority to obtain federal emergency
relief funds.
Puget Sound capital construction account—Created—Use.
Puget Sound ferry operations account—Created—Use.
Parking or holding area for ferry patrons in conjunction with
municipal off-street parking facilities.
General obligation bonds—Ferries—Authorized—
Purposes—Passenger-only vessels—Issuance, sale, and
retirement.
Disposition of proceeds from sale of bonds.
Bonds—Terms—Principal and interest payable from proceeds of state excise taxes on motor vehicle and special
fuels.
Repayment of bonds—Fund sources.
Bonds—Powers and duties of state finance committee.
Excess repayment funds—Disposition.
Reimbursements and transfers of funds.
Bonds legal investment for public funds.
Bonds—Equal charge against revenues from motor vehicle
and special fuel excise taxes.
Passenger ferry account.
Passenger-only ferry service—Finding.
Passenger-only ferry service—Vessel and terminal acquisition, procurement, and construction.
Passenger-only ferry service—Contingency.
Prequalification of contractors required.
Qualifications of contractor—Rules to assure.
Application for prequalification—Form.
Department authority to obtain information.
Additional investigation—Terms of prequalification—Notice
of nonqualification.
Renewal of prequalification—Nonrenewal or revocation,
notice.
Rejection of bid despite prequalification—Unqualified bidder.
Appeal of refusal, modification, or revocation of
prequalification.
Financial information regarding qualifying not public.
Jumbo ferry construction—Notice.
Jumbo ferry construction—Bidding documents.
Jumbo ferry construction—Procedure on conclusion of evaluation.
Jumbo ferry construction—Contract.
Jumbo ferry construction—Bid deposits—Low bidder claiming error.
Jumbo ferry construction—Propulsion system acquisition.
General obligation bonds—1992 issue—Purpose—Issuance
and sale.
Bonds—1992 issue—Supervision of sale by state finance
committee—Option of short-term obligations.
Bonds—1992 issue—Use of proceeds.
Bonds—1992 issue—Payment of principal and interest from
pledged excise taxes.
Bonds—1992 issue—Payment from ferry bond retirement
fund.
Design-build ferries—Authorized—Phases defined.
Chapter 47.60
47.60.812
47.60.814
47.60.816
47.60.818
47.60.820
47.60.822
Design-build ferries—Notice of request for proposals.
Design-build ferries—Issuance of request for proposals.
Design-build ferries—Phase one.
Design-build ferries—Phase two.
Design-build ferries—Phase three.
Design-build ferries—Notice to proposers not selected—
Appeal.
Bridges across navigable waters: RCW 79.91.090 through 79.91.120.
Credit permits for vehicular passage: RCW 47.56.247, 47.56.248.
Sale, lease of unneeded toll facility, ferry system property—Franchises for
utility, railway purposes: RCW 47.56.253 through 47.56.257.
Traffic violations and unlawful acts on toll facility or ferry: RCW
46.61.690.
47.60.010 Ferry system, toll bridges, and facilities
authorized—Power to contract, sell and lease back. The
department is authorized to acquire by lease, charter, contract, purchase, condemnation, or construction, and partly by
any or all of such means, and to thereafter operate, improve,
and extend, a system of ferries on and crossing Puget Sound
and any of its tributary waters and connections thereof, and
connecting with the public streets and highways in the state.
The system of ferries shall include such boats, vessels,
wharves, docks, approaches, landings, franchises, licenses,
and appurtenances as shall be determined by the department
to be necessary or desirable for efficient operation of the
ferry system and best serve the public. The department may
in like manner acquire by purchase, condemnation, or
construction and include in the ferry system such toll
bridges, approaches, and connecting roadways as may be
deemed by the department advantageous in channeling traffic
to points served by the ferry system. In addition to the
powers of acquisition granted by this section, the department
is empowered to enter into any contracts, agreements, or
leases with any person, firm, or corporation and to thereby
provide, on such terms and conditions as it shall determine,
for the operation of any ferry or ferries or system thereof,
whether acquired by the department or not.
The authority of the department to sell and lease back
any state ferry, for federal tax purposes only, as authorized
by 26 U.S.C., Sec. 168(f)(8) is confirmed. Legal title and
all incidents of legal title to any ferry sold and leased back
(except for the federal tax benefits attributable to the
ownership thereof) shall remain in the state of Washington.
[1984 c 18 § 1; 1984 c 7 § 296; 1961 c 13 § 47.60.010.
Prior: 1949 c 179 § 1; Rem. Supp. 1949 § 6584-30.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.013 Emergency powers of governor to insure
continued operation of ferry and toll bridge system—
Cost reimbursement. The governor is authorized to take
such actions as may be necessary to insure the continued
operation of the Puget Sound ferry and toll bridge system
under any emergency circumstances which threaten the
continued operation of the system. In the event of such an
emergency, the governor may assume all the powers granted
by law to the transportation commission and department of
transportation with respect to the ferry system. In addition,
notwithstanding the provisions of chapters 47.60 and 47.64
RCW, the governor may contract with any qualified persons
for the operation of the Washington state ferry system, or
any part thereof, or for ferry service to be provided by
privately owned vessels. Administrative costs to the office
[Title 47 RCW—page 197]
47.60.013
Title 47 RCW: Public Highways and Transportation
of the governor incurred in the exercise of this authority
shall be reimbursed by the department. [1981 c 341 § 1.]
Severability—1981 c 341: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 341 § 2.]
47.60.015 "Washington State Ferries"—Name
authorized. The department is authorized to operate its
ferry system under the name: "Washington State Ferries."
[1984 c 7 § 297; 1961 c 13 § 47.60.015. Prior: 1953 c 33
§ 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.017 State ferry system a public mass transportation system. The legislature finds and declares that
the state ferry system is a public mass transportation system.
[1974 ex.s. c 105 § 1.]
47.60.020 Eminent domain—Condemnation proceedings. For the purpose of carrying out any or all of the
powers granted in this chapter, the department has the power
of eminent domain for the acquisition of either real or
personal property, used or useful for the Puget Sound ferry
system. Condemnation pursuant to this chapter shall be the
procedure set out in chapter 8.04 RCW. The department
may institute condemnation proceedings in the superior court
of any county or other court of competent jurisdiction in
which any of the property sought to be condemned is located
or in which the owner of any thereof does business, and the
court in any such action has jurisdiction to condemn property
wherever located within the state. It shall not be necessary
to allege or prove any offer to purchase or inability to agree
with the owners thereof for the purchase of any such
property in the proceedings. It is the intention of this section
to permit the consolidation in one action of all condemnation
proceedings necessary to acquire a ferry system and every
type of property incident thereto, irrespective of its location
within the state or diversity of ownership. Upon the filing
of a petition for condemnation as provided in this section,
the court may issue an order restraining the removal from
the jurisdiction of the state of any personal property sought
to be acquired by the proceeding during the pendency
thereof. The court further has the power to issue such orders
or process as are necessary to place the department into possession of any property condemned. [1984 c 7 § 298; 1961
c 13 § 47.60.020. Prior: 1949 c 179 § 2; Rem. Supp. 1949
§ 6584-31.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.030 Existing contracts—Prior negotiations
and bids validated. In any case where the department takes
over any property or properties which are under lease,
contract, or concession, or where the department has heretofore entered into any contract or negotiation or received any
bid for any of the purposes set forth in this chapter, the
department is authorized to continue in effect and carry out
any such contract, lease, or concession or complete any such
negotiation or accept any such bid or any modification of
any of them which appears advantageous to the department
without regard to any limitations or directions as to the
[Title 47 RCW—page 198]
manner thereof contained in this chapter. However, this
section shall not be construed as requiring the department so
to act, but this section is permissive only and then only in
respect to contracts, leases, concessions, negotiations, or bids
existing, entered into, or received prior to April 1, 1949.
[1984 c 7 § 299; 1961 c 13 § 47.60.030. Prior: 1949 c 179
§ 7; Rem. Supp. 1949 § 6584-36.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.040 Survey by department. For the purpose of
obtaining information for the consideration of the department
upon the acquisition of any ferries or ferry facilities or the
construction of any toll bridge under this chapter, the
department shall make any examination, investigation,
survey, or reconnaissance for the determination of material
facts pertaining thereto.
The cost of any such examination, investigation, survey,
or reconnaissance, and all preliminary expenses leading up
to and resulting in the issuance of any revenue bonds
including, but not being limited to expenses in making surveys and appraisals and the drafting, printing, issuance, and
sale of bonds under this chapter shall be borne by the
department out of the motor vehicle fund. All such costs
and expenses as well as any thereof heretofore incurred shall
be reimbursed to the motor vehicle fund out of any proceeds
derived from the sale of bonds or out of tolls and revenues
to be derived by the department through its operations
hereunder. [1984 c 7 § 300; 1961 c 13 § 47.60.040. Prior:
1949 c 179 § 4, part; Rem. Supp. 1949 § 6584-33, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.050 Improvement of facilities—Financing.
Any facility that the department acquires or is authorized to
acquire under the provisions of this chapter may be rehabilitated, rebuilt, enlarged, or improved, and the cost thereof
may be paid from the revenues of the system or through the
issuance of bonds as hereinafter provided. [1984 c 7 § 301;
1961 c 13 § 47.60.050. Prior: 1949 c 179 § 3, part; Rem.
Supp. 1949 § 6584-32, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.060 Revenue bonds authorized—Issuance—
Conditions—Negotiability—Interim bonds. For the
purpose of paying the cost of acquiring by lease, charter,
contract, purchase, condemnation, or construction all or any
part of such Puget Sound ferry system, including toll
bridges, approaches, and roadways incidental thereto, and for
rehabilitating, rebuilding, enlarging, or improving all or any
part of the system, the department is authorized by resolution
to issue its revenue bonds which shall constitute obligations
only of the department and shall be payable solely and only
from all or such part of the revenues from the operation of
the system as may be provided in and by the resolution.
Each revenue bond shall contain a recital that payment
or redemption of the bond and payment of the interest
thereon is secured by a direct charge and lien upon the tolls
and revenues pledged for that purpose and that the bond
does not constitute an indebtedness of the state of Washington.
The department is empowered to include in any resolution authorizing the issuance of the bonds such covenants,
(2002 Ed.)
Puget Sound Ferry and Toll Bridge System
47.60.060
stipulations, and conditions as may be deemed necessary
with respect to the continued use and application of the
income and revenues from the undertaking.
The revenue bonds may bear such date or dates, may
mature at such time or times as the department determines,
may bear interest at such rate or rates, may be in such
denomination or denominations, may be in such form, either
coupon or registered, may carry such registration and
conversion privileges, may be made subject to such terms of
redemption with or without premium, and may contain such
other terms and covenants not inconsistent with this chapter
as may be provided in the resolution. Notwithstanding the
form or tenor thereof, and in the absence of an express
recital on the face thereof that the bond is nonnegotiable,
each such revenue bond shall at all times be and shall be
treated as a negotiable instrument for all purposes. All such
bonds shall be signed by the state treasurer and countersigned by the governor, and any interest coupons appertaining thereto shall bear the signature of the state treasurer.
The countersignature of the governor on the bonds and the
signature of the state treasurer on the coupons may be their
printed or lithographed facsimile signatures.
Pending the issuance of definitive bonds, temporary or
interim bonds, certificates, or receipts of any denomination
and with or without coupons attached may be issued as may
be provided by the resolution. [1984 c 7 § 302; 1973 c 106
§ 28; 1970 ex.s. c 56 § 65; 1969 ex.s. c 232 § 34; 1961 c 13
§ 47.60.060. Prior: 1949 c 179 § 4, part; Rem. Supp. 1949
§ 6584-33, part.]
1961 c 13 § 47.60.090. Prior: 1949 c 179 § 4, part; Rem.
Supp. 1949 § 6584-33, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
47.60.113 Refunding bonds—Authorization—
Amount—Interest—Conditions. The department is
authorized to refund, at the maturity thereof, or before the
maturity thereof if they are subject to call prior to maturity
or if all of the holders thereof consent thereto, upon such
terms and conditions as it deems best, any or all of its
revenue bonds now or hereafter outstanding, issued for the
purpose of acquiring, constructing, or reconstructing any toll
bridge, toll road, toll tunnel, ferry system, or any other toll
facility of any sort, or issued for the purpose of refunding
such bonds, which revenue bonds are payable out of all or
part of the revenues of the toll facility. Refunding bonds
may be issued hereunder in a sufficient amount to provide
additional funds for acquiring, constructing, reconstructing,
rehabilitating, rebuilding, enlarging, or improving any toll
bridge, toll road, toll tunnel, ferry system, or any other toll
facility of any sort, and to pay all refunding costs and
expenses and to provide adequate reserves for the toll facility
and for any such refunding bonds. Various issues and series
of such outstanding bonds, including refunding bonds, may
be combined and refunded by a single issue of refunding
bonds. The refunding bonds shall bear interest at such rates
and mature at such times, without limitation by the interest
rates or maturity of the bonds being refunded, and shall
contain such other covenants and conditions as the department determines by resolution. [1984 c 7 § 305; 1961 c 13
§ 47.60.113. Prior: 1957 c 152 § 1; 1955 c 17 § 1.]
47.60.080 Determining amount of bonds to be
issued. In determining the amount of bonds required to be
issued there may be included any expenses incurred by the
department in connection with and incidental to the issuance
and sale of bonds and for the preparation of surveys and
estimates and making inspections and examinations, interest
during the estimated construction period, and for six months
thereafter, and a reasonable amount for working capital and
prepaid insurance. [1984 c 7 § 303; 1961 c 13 § 47.60.080.
Prior: 1949 c 179 § 4, part; Rem. Supp. 1949 § 6584-33,
part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.090 Sale of bonds—Deposit, disbursement of
proceeds. All bonds issued under or by authority of this
chapter shall be sold to the highest and best bidder after such
advertising for bids as the department deems proper. However, the department may reject any and all bids so submitted and thereafter sell such bonds so advertised under such
terms and conditions as it deems most advantageous to its
own interests. The purchase price of all bonds issued under
this chapter shall be paid to the state treasurer consistent
with the provisions of the resolution pursuant to which the
bonds have been issued or to the trustee designated in the
bond resolution and held as a separate trust fund to be
disbursed on the orders of the department. [1984 c 7 § 304;
(2002 Ed.)
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.100 Bonds are legal investment for state
moneys. Notwithstanding any other provision of the law,
bonds issued by the authority shall be legal investments by
the state investment board of any state moneys in its hands,
except permanent school funds and motor vehicle funds.
[1981 c 3 § 40; 1961 c 13 § 47.60.100. Prior: 1953 c 154
§ 14; 1951 c 259 § 3; 1951 c 121 § 14; 1949 c 179 § 8;
Rem. Supp. 1949 § 6584-37.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
47.60.110 Bondholders may compel performance.
The holder of any bond or the trustee for any bonds designated by resolution may by mandamus or other appropriate
proceeding require and compel performance of any duties
imposed upon any state department, official or employee,
including any duties imposed upon or undertaken by the
authority or its officers, agents and employees in connection
with the construction, maintenance and operation of the ferry
system and in connection with the collection, deposit,
investment, application and disbursement of the proceeds of
the bonds and the revenue and income derived from the
operation of the system. [1961 c 13 § 47.60.110. Prior:
1949 c 179 § 4, part; Rem. Supp. 1949 § 6584-33, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.114 Refunding bonds—Payable from revenues. Any refunding bonds authorized by this chapter
constitute obligations of the department only and not of the
[Title 47 RCW—page 199]
47.60.114
Title 47 RCW: Public Highways and Transportation
state of Washington. They shall be payable solely out of all
or such part of the revenues derived from the operation of
the toll bridge, toll road, toll tunnel, ferry system, or any
other toll facility, as shall be provided in the resolution
authorizing the issuance of the refunding bonds. [1984 c 7
§ 306; 1961 c 13 § 47.60.114. Prior: 1957 c 152 § 2; 1955
c 17 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.115 Refunding bonds—Disposition—Laws
applicable. The bonds herein authorized shall, in the
discretion of the department, be exchanged at the best
possible price for the bonds being refunded, or any such
bonds not exchanged shall be sold in the manner provided in
RCW 47.60.090. The bonds herein authorized shall be
issued in accordance with, and shall be subject to, the
provisions of RCW 47.60.050, 47.60.060, 47.60.080,
47.60.100, 47.60.110, and 47.60.120. [1983 c 3 § 134; 1961
c 13 § 47.60.115. Prior: 1957 c 152 § 3; 1955 c 17 § 3.]
47.60.120 Other crossings—Infringement of existing
franchises—Waivers. (1) If the department acquires or
constructs, maintains, and operates any ferry crossings upon
or toll bridges over Puget Sound or any of its tributary or
connecting waters, there shall not be constructed, operated,
or maintained any other ferry crossing upon or bridge over
any such waters within ten miles of any such crossing or
bridge operated or maintained by the department excepting
such bridges or ferry crossings in existence, and being
operated and maintained under a lawfully issued franchise at
the time of the location of the ferry crossing or construction
of the toll bridge by the department.
(2) The ten-mile distance in subsection (1) of this
section means ten statute miles measured by airline distance.
The ten-mile restriction shall be applied by comparing the
two end points (termini) of a state ferry crossing to those of
a private ferry crossing.
(3) The Washington utilities and transportation commission may, upon written petition of a commercial ferry
operator certificated or applying for certification under
chapter 81.84 RCW, and upon notice and hearing, grant a
waiver from the ten-mile restriction. The waiver must not
be detrimental to the public interest. In making a decision
to waive the ten-mile restriction, the commission shall
consider, but is not limited to, the impact of the waiver on
transportation congestion mitigation, air quality improvement, and the overall impact on the Washington state ferry
system. The commission shall act upon a request for a
waiver within ninety days after the conclusion of the hearing.
A waiver is effective for a period of five years from the date
of issuance. At the end of five years the waiver becomes
permanent unless appealed within thirty days by the commission on its own motion, the department, or an interested
party.
(4) The department shall not maintain and operate any
ferry crossing or toll bridge over Puget Sound or any of its
tributary or connecting waters that would infringe upon any
franchise lawfully issued by the state and in existence and
being exercised at the time of the location of the ferry
crossing or toll bridge by the department, without first
acquiring the rights granted to such franchise holder under
[Title 47 RCW—page 200]
the franchise. [1993 c 427 § 1; 1984 c 7 § 307; 1961 c 13
§ 47.60.120. Prior: 1949 c 179 § 6; Rem. Supp. 1949 §
6584-35.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.122 Ferries, terminal facilities—Interim
revenue warrants authorized. For the purpose of paying
the cost of acquiring, constructing, or reconstructing ferries
or ferry terminal facilities, and all costs which may be
incurred in connection therewith, the department is authorized to issue interim revenue warrants, which shall constitute obligations only of the department, and which shall not
be obligations of the state of Washington. Such warrants
shall be payable solely out of part or all of the revenues
derived from the operation of the Puget Sound ferry system
as shall be provided in the resolution authorizing their issuance, and shall be drawn upon, and the principal thereof and
interest thereon shall be payable out of, such fund or funds
as shall be created in and provided by the resolution. The
warrants may be interest-bearing coupon warrants with a
fixed maturity date, or may be interest-bearing registered
warrants payable in order of their issuance whenever there
is sufficient money in the fund upon which they were drawn
to redeem any of them. [1984 c 7 § 308; 1961 c 13 §
47.60.122. Prior: 1953 c 159 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.124 Revenue refunding bonds to redeem
interim warrants. If it is deemed advisable or found
necessary to redeem any or all of such warrants, the department is authorized to issue its revenue refunding bonds for
that purpose. The bonds shall constitute obligations only of
the department, and shall not be obligations of the state of
Washington. The refunding bonds shall be payable solely
out of part or all of the revenues derived from the operation
of the Puget Sound ferry system as shall be provided in the
resolution authorizing their issuance. [1984 c 7 § 309; 1961
c 13 § 47.60.124. Prior: 1953 c 159 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.126 Interim warrants and refunding bonds—
Laws applicable. All provisions of chapter 47.60 RCW
pertaining and applicable to the revenue bonds of the department authorized in that chapter are applicable to the warrants
and revenue refunding bonds authorized herein except
insofar as otherwise provided by RCW 47.60.122 through
47.60.126. [1984 c 7 § 310; 1961 c 13 § 47.60.126. Prior:
1953 c 159 § 3.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.130 Unit or combined operation—Continuous
project—Rental, charter, lease of system property—Sale
of unneeded property. Such ferry system, including any
toll bridges, approaches, and roadways incidental thereto,
may be financed and operated in combination or separately
as one or more units as the department of transportation may
determine, and such ferry system together with any toll
bridge hereafter constructed by the department upon or
across the waters of Puget Sound or Hood Canal, or any part
of either, replacing one or more presently operated ferry
routes, is declared to be a continuous project within the
(2002 Ed.)
Puget Sound Ferry and Toll Bridge System
meaning of RCW 47.56.070. The department is empowered
to rent, lease, or charter any property acquired under this
chapter. If the department determines that any real property
(including lands, improvements thereon, and any interests or
estates) originally acquired for the ferry system is no longer
required for the purposes of the ferry system, the department
shall offer it for sale in the manner and with the authority
authorized to the department by RCW 47.12.063 or
47.12.283. The secretary of transportation may adopt rules
further implementing this section. The proceeds of all such
sales shall be paid into the separate trust fund of the state
treasury established pursuant to RCW 47.60.150. [1979 ex.s.
c 189 § 6; 1973 1st ex.s. c 177 § 5; 1961 c 13 § 47.60.130.
Prior: 1955 c 22 § 1; 1953 c 32 § 1; 1949 c 179 § 3, part;
Rem. Supp. 1949 § 6584-32, part.]
Effective date—1979 ex.s. c 189: See note following RCW
47.12.283.
47.60.135 Charter of state ferries for transporting
hazardous materials. (1) The charter use of Washington
State Ferry vessels when established route operations and
normal user requirements are not disrupted is permissible.
(2) Consistent with the policy as established in subsection (1) of this section, the general manager of the Washington State Ferries may approve agreements for the chartering
of Washington State Ferry vessels to groups or individuals,
including hazardous material transporters, in accordance with
the following:
(a) Vessels may be committed to charter only when
established route operation and normal user requirements are
not disrupted or inconvenienced. If a vessel is engaged in
the transport of hazardous materials, the transporter shall pay
for all legs necessary to complete the charter, even if the
vessel is simultaneously engaged in an operational voyage on
behalf of Washington State Ferries.
(b) Charter rates for vessels must be established at
actual vessel operating costs plus fifty percent of such actual
costs rounded to the nearest fifty dollars. Actual vessel
operating costs include, but are not limited to, all labor, fuel,
and vessel maintenance costs incurred due to the charter
agreement, including deadheading and standby.
(c) Recognizing the need for stabilized charter rates in
order to encourage use of vessels, rates must be established
and revised July 1st of each year and must remain fixed for
a one-year period unless actual vessel operating costs
increase five percent or more within that year, in which case
the charter rates must be revised in accordance with (b) of
this subsection.
(d) All charter agreements must be in writing and
substantially in the form of (e) of this subsection and
available, with calculations, for inspection by the legislature
and the public.
(e) Parties chartering Washington State Ferry vessels
shall comply with all applicable laws, rules, and regulations
during the charter voyage, and failure to so comply is cause
for immediate termination of the charter voyage.
"CHARTER CRUISE AGREEMENT
On this . . . . day of . . . ., . . . ., Washington State
Ferries (WSF) and . . . . ., hereinafter called Lessee, enter
into this agreement for rental of a ferry vessel for the
(2002 Ed.)
47.60.130
purpose of a charter voyage to be held on . . . . ., the parties
agree as follows:
1. WSF agrees to supply the vessel . . . . . (subject to
change) for the use of the Lessee from the period from
. . . . . to . . . . . on . . . . . (date).
2. The maximum number of passengers; or in the case
of hazardous materials transports, trucks and trailers; that
will be accommodated on the assigned vessel is . . . . ..
This number MAY NOT be exceeded.
3. The voyage will originate at . . . . ., and the route of
travel during the voyage will be as follows:
..........................................
4. The charge for the above voyage is . . . . . dollars
($ . . .) plus a property damage deposit of $350 for a total
price of $ . . . ., to be paid by cashier’s check three working
days before the date of the voyage at the offices of the WSF
at Seattle Ferry Terminal, Pier 52, Seattle, Washington
98104. The Lessee remains responsible for property damage
in excess of $350.
5. WSF is responsible only for the navigational operation of the chartered ferry and in no way is responsible for
directing voyage activities, providing equipment, or any food
service.
6. Other than for hazardous materials transport, the
voyage activities must be conducted exclusively on the
passenger decks of the assigned ferry. Voyage patrons will
not be permitted to enter the pilot house or the engine room,
nor shall the vehicle decks be used for any purpose other
than loading or unloading of voyage patrons or hazardous
materials.
7. If the Lessee or any of the voyage patrons will
possess or consume alcoholic beverages aboard the vessel,
the Lessee must obtain the appropriate licenses or permits
from the Washington State Liquor Control Board. The
Lessee must furnish copies of any necessary licenses or
permits to WSF at the same time payment for the voyage is
made. Failure to comply with applicable laws, rules, and
regulations of appropriate State and Federal agencies is cause
for immediate termination of the voyage, and WSF shall
retain all payments made as liquidated damages.
8. WSF is not obligated to provide shoreside parking for
the vehicles belonging to voyage patrons.
9. The Lessee recognizes that the primary function of
the WSF is for the cross-Sound transportation of the public
and the maintaining of the existing schedule. The Lessee
recognizes therefore the right of WSF to cancel a voyage
commitment without liability to the Lessee due to unforeseen
circumstances or events that require the use of the chartered
vessel on its scheduled route operations. In the event of
such a cancellation, WSF agrees to refund the entire amount
of the charter fee to the Lessee.
10. The Lessee agrees to hold WSF harmless from, and
shall process and defend at its own expense, all claims,
demands, or suits at law or equity, of whatever nature
brought against WSF arising in whole or in part from the
performance of provisions of this agreement. This indemnity
provision does not require the Lessee to defend or indemnify
[Title 47 RCW—page 201]
47.60.135
Title 47 RCW: Public Highways and Transportation
WSF against any action based solely on the alleged negligence of WSF.
11. This writing is the full agreement between the
parties.
. . . . . . . . . . . . . WASHINGTON STATE FERRIES
Lessee
By: . . . . . . . . . .
By: . . . . . . . . . . . .
General Manager"
[1997 c 323 § 2.]
Finding—1997 c 323: "The legislature finds that when established
route operations and normal user requirements are not disrupted Washington
state ferries may be used for the transportation of hazardous materials under
the chartering procedures and rates described in RCW 47.60.135." [1997
c 323 § 1.]
47.60.140 System as self-liquidating undertaking—
Powers of department—Concessions. (1) The department
is empowered to operate such ferry system, including all
operations, whether intrastate or international, upon any route
or routes, and toll bridges as a revenue-producing and selfliquidating undertaking. The department has full charge of
the construction, rehabilitation, rebuilding, enlarging,
improving, operation, and maintenance of the ferry system,
including toll bridges, approaches, and roadways incidental
thereto that may be authorized by the department, including
the collection of tolls and other charges for the services and
facilities of the undertaking. The department has the
exclusive right to enter into leases and contracts for use and
occupancy by other parties of the concessions and space
located on the ferries, wharves, docks, approaches, and
landings, but, except as provided in subsection (2) of this
section, no such leases or contracts may be entered into for
more than ten years, nor without a competitive contract
process, except as otherwise provided in this section. The
competitive process shall be either an invitation for bids in
accordance with the process established by chapter 43.19
RCW, or a request for proposals in accordance with the
process established by RCW 47.56.030.
(2) As part of a joint development agreement under
which a public or private developer constructs or installs
improvements on ferry system property, the department may
lease all or part of such property and improvements to such
developers for that period of time, not to exceed fifty-five
years, or not to exceed thirty years for those areas located
within harbor areas, which the department determines is
necessary to allow the developer to make reasonable recovery on its initial investment. Any lease entered into as
provided for in this subsection that involves state aquatic
lands shall conform with the Washington state Constitution
and applicable statutory requirements as determined by the
department of natural resources. That portion of the lease
rate attributable to the state aquatic lands shall be distributed
in the same manner as other lease revenues derived from
state aquatic lands as provided in RCW 79.24.580. [1995
1st sp.s. c 4 § 2; 1987 c 69 § 1; 1984 c 7 § 311; 1965 ex.s.
c 170 § 58; 1961 c 13 § 47.60.140. Prior: 1951 c 259 § 1;
1949 c 179 § 5, part; Rem. Supp. 1949 § 6584-34, part.]
Effective date—1995 1st sp.s. c 4: See note following RCW
47.56.030.
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 47 RCW—page 202]
47.60.145 Historic ferries—Acquisition by qualified
persons or organizations. (1) An "historic ferry" is any
vessel in the Washington state ferries fleet which has been
listed in the Washington state register of historic places.
(2) When the department of transportation determines
that an historic ferry is surplus to the needs of Washington
state ferries, the department shall call for proposals from
persons who wish to acquire the historic ferry. Proposals for
the acquisition of an historic ferry shall be accepted only
from persons or organizations that (a) are a governmental
entity or a nonprofit corporation or association dedicated to
the preservation of historic properties; (b) agree to a contract
approved by the state historic preservation officer, which
requires the preservation and maintenance of the historic
ferry and provides that title to the ferry reverts to the state
if the secretary of transportation determines that the contract
has been violated; and (c) demonstrate the administrative and
financial ability successfully to comply with the contract.
(3) The department shall evaluate the qualifying
proposals and shall select the proposal which is most
advantageous to the state. Factors to be considered in
making the selection shall include but not be limited to:
(a) Extent and quality of restoration;
(b) Retention of original design and use;
(c) Public access to the vessel;
(d) Provisions for historical interpretation;
(e) Monetary return to the state.
(4) If there are no qualifying proposals, an historic ferry
shall be disposed of in the manner provided by state law.
[1982 c 210 § 1.]
Severability—1982 c 210: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 210 § 2.]
Archaeology and historic preservation, office of: Chapter 27.34 RCW.
47.60.150 Fixing of charges—Deposit of revenues.
Subject to the provisions of RCW 47.60.326, the schedule of
charges for the services and facilities of the system shall be
fixed and revised from time to time by the commission so
that the tolls and other revenues deposited in the Puget
Sound ferry operations account for maintenance and operation, and all moneys in the Puget Sound capital construction
account available for debt service will yield annual revenue
and income sufficient, after allowance for all operating,
maintenance, and repair expenses to pay the interest and
principal and sinking fund charges for all outstanding
revenue bonds, and to create and maintain a fund for
ordinary renewals and replacements: PROVIDED, That if
provision is made by any resolution for the issuance of
revenue bonds for the creation and maintenance of a special
fund for rehabilitating, rebuilding, enlarging, or improving all
or any part of the ferry system then such schedule of tolls
and rates of charges shall be fixed and revised so that the
revenue and income will also be sufficient to comply with
such provision.
All income and revenues as collected shall be paid to
the state treasurer for the account of the department and
deposited into the Puget Sound ferry operations account.
Nothing in this section requires tolls on the Hood Canal
(2002 Ed.)
Puget Sound Ferry and Toll Bridge System
bridge except as may be required by any bond covenants.
[1999 c 94 § 26; 1990 c 42 § 405. Prior: 1986 c 66 § 2;
1986 c 23 § 1; 1983 c 3 § 135; 1972 ex.s. c 24 § 5; 1961 c
13 § 47.60.150; prior: 1949 c 179 § 5, part; Rem. Supp.
1949 § 6584-34, part.]
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1986 c 66: "This act shall take effect July 1, 1987.
The secretary of transportation may immediately take such steps as are
necessary to ensure that this act is implemented on its effective date."
[1986 c 66 § 14.]
Effective date—1986 c 23: "This act shall take effect on July 1,
1987. The secretary of transportation may immediately take such steps as
may be necessary to insure that this act is implemented on its effective
date." [1986 c 23 § 2.]
47.60.170 Ferries revolving fund—Deposit of excess
funds. Nothing in RCW 47.60.150 forbids the establishment
by the department of a Washington state ferries revolving
fund of not to exceed six hundred thousand dollars from the
proceeds of any bonds sold under the provisions of this
chapter. The fund may be deposited by the department in
such banks or financial institutions as it may select throughout the state. RCW 43.01.050 does not apply to the fund or
any deposits therein made by the department under this section. The department may deposit all moneys received under
this chapter in the fund. All expenses whatsoever arising in
the operations of the Puget Sound ferry system shall be paid
from the fund, if established, by check or voucher in such
manner as may be prescribed by the department.
All moneys received by the department or any employee
under the foregoing sections of this chapter, except an
amount of petty cash for each day’s needs as fixed by the
regulation of the department, shall each day and as often
during the day as advisable, be deposited in the nearest
authorized depositary selected by the department under this
section.
Whenever the fund exceeds six hundred thousand
dollars, the department shall forthwith transmit the excess to
the state treasurer for deposit in the trust fund established by
RCW 47.60.150. [1984 c 7 § 313; 1970 ex.s. c 85 § 6;
1961 c 13 § 47.60.170. Prior: 1951 c 259 § 13.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effective date—1970 ex.s. c 85: See note following RCW 47.60.500.
47.60.200 Consent to liability not general liability of
state. Any consent to liability given under the provisions of
this chapter creates liability of the department only and does
not create any general liability of the state. [1984 c 7 § 314;
1961 c 13 § 47.60.200. Prior: 1951 c 259 § 5.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.210 Seamen may sue for injuries—Venue.
The state consents to suits against the department by seamen
for injuries occurring upon vessels of the department in
accordance with the provisions of section 688, title 46, of the
United States code. The venue of such actions may be in
the superior court for Thurston county or the county where
the injury occurred. [1984 c 7 § 315; 1961 c 13 §
47.60.210. Prior: 1951 c 259 § 6.]
(2002 Ed.)
47.60.150
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.220 Department as common carrier—Rights
and liabilities. The department has all the obligations,
duties, and rights of a common carrier of persons and
property in its operation of ferries, terminals, or other facilities used in its ferry operations, including the right to
participate in joint rates and through routes, agreements, and
divisions of through and joint rates with railroads and other
common carriers and the right to make any filings with the
interstate commerce commission, the United States maritime
commission, or any other state or federal regulatory or
governmental body and to comply with the lawful rules and
regulations or requirements of any such body, and is subject
to laws relating to carrier’s liability for loss or damage to
property transported, and for personal injury or death of
persons transported. [1984 c 7 § 316; 1961 c 13 §
47.60.220. Prior: 1951 c 259 § 7.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.230 Liability for damages as to persons or
property. In case of property loss or damage or personal
injuries or death resulting from the operation of any ferry or
terminal by the department, any person or the personal
representative of any person, subject to and to the extent
hereinafter provided, has a right of action against the
department for the damage, loss, injury, or death. [1984 c
7 § 317; 1961 c 13 § 47.60.230. Prior: 1951 c 259 § 8.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.240 Liability to persons other than shippers
or passengers—Limitation. The right of action extended
by this chapter is applicable to loss or damage of property
and/or personal injury or death resulting from the operation
of ferries or terminals by the department to persons other
than shippers or passengers, but any recovery of damages in
such cases shall not exceed an amount equal to the limitations of the insurance carried by the department to insure it
against loss for such liability. [1984 c 7 § 318; 1961 c 13
§ 47.60.240. Prior: 1951 c 259 § 9.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.250 Claim for damages—Filing—Contents—
Time limitations. As a condition to a recovery thereon, a
verified claim against the department growing out of such
damages, loss, injuries, or death must first be presented to
the department and filed with the secretary within one
hundred twenty days after the time when the claim accrued.
If the claimant is incapacitated from verifying and filing a
claim within the one hundred twenty days, or if the claimant
is a minor, then the claim may be verified and presented on
behalf of the claimant by his or her relative, attorney, or
agent. Each claim must accurately locate and describe the
event or defect that caused the damage, loss, injury, or death,
reasonably describe the damage, loss, or injury, and state the
time when the damage, loss, or injury occurred, give the
claimant’s residence for the last six months, and contain the
items of damages claimed. No action may be maintained
against the department upon the claim until the claim has
been presented to, and filed with, the department and sixty
[Title 47 RCW—page 203]
47.60.250
Title 47 RCW: Public Highways and Transportation
days have elapsed after the presentation and filing, nor more
than three years after the claim accrued.
With respect to the content of the claims, this section
shall be liberally construed so that substantial compliance
will be deemed satisfactory. [1984 c 7 § 319; 1967 c 164 §
3; 1961 c 13 § 47.60.250. Prior: 1951 c 259 § 10.]
Severability—1984 c 7: See note following RCW 47.01.141.
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
Claims against the state: Chapter 4.92 RCW.
47.60.260 Payment of claims. The department may
upon such terms and conditions as it may impose and under
such rules as it may adopt, pay claims arising under its
operation of ferries or terminals or compromise or settle the
claims. No claim may be paid by the department or any
settlement or compromise of it be made except from the
operating revenues of the department derived from its
operation of ferries or terminals or from the proceeds of
insurance recoveries. [1984 c 7 § 320; 1961 c 13 §
47.60.260. Prior: 1951 c 259 § 11.]
the construction of such bridge. [1984 c 7 § 322; 1961 c 13
§ 47.60.280. Prior: 1959 c 198 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.282 Ferry service between Port Townsend
and Keystone—Operation authorized, when. The department is authorized to operate a ferry service between Port
Townsend and Keystone on Admiralty Inlet if the certificate
of convenience and necessity for the ferry operation is
theretofore surrendered, rights thereunder are abandoned, and
the ferry service is discontinued. In no event may the
department undertake such a ferry service preceding events
as set forth herein or before April 1, 1973. [1984 c 7 § 323;
1972 ex.s. c 44 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.270 Venue of actions—Enforcement of
judgment. Actions for the recovery of damages under RCW
47.60.220 through 47.60.260 may be brought in Thurston
county or in the county in which the aggrieved person
resides. No execution upon a judgment or attachment may
be levied against the property of the department, nor does
the state consent to any maritime lien against vessels of the
department, but the department may be required by order of
court to pay any judgment. [1984 c 7 § 321; 1961 c 13 §
47.60.270. Prior: 1951 c 259 § 12.]
47.60.283 Ferry service between Port Townsend
and Keystone—Purpose. The purpose of RCW 47.60.282
and 47.60.283 is to provide service on the ferry route
between Port Townsend and Keystone to be determined by
the department. Operation of this route is necessary for the
economic health, safety, and welfare of the people of the
state. Additionally, state operation of this route will further
benefit the people of the state by providing better access to
important installations maintained by the United States Navy
and the United States Coast Guard. [1984 c 7 § 324; 1972
ex.s. c 44 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.275 Local law enforcement officers on ferries
and terminals. Law enforcement officers of cities, towns,
and counties which are served by state ferries shall have, and
are hereby authorized to exercise, concurrent jurisdiction and
authority with state law enforcement officers in the enforcement of laws of the state and local governmental divisions
at those state ferry terminals located within the respective
governmental division served by such local law enforcement
officers and on state ferries at the terminals and throughout
the ferry runs, notwithstanding that the ferry may not be in
the officer’s governmental division. [1969 ex.s. c 13 § 1.]
47.60.277 "No Smoking" areas on state ferries—
Establishment directed. See RCW 47.56.730.
47.60.280 Ferry service—Lummi Island to Orcas
Island—Limitation on operation. The department is
authorized and directed to establish and operate a ferry
service from a suitable point on Lummi Island in Whatcom
county to a suitable point on Orcas Island in San Juan
county by the most feasible route if and when Whatcom
county constructs a bridge from Gooseberry Point on the
mainland to Lummi Island. The actual operation of the ferry
service shall not begin until Whatcom county has completed
[Title 47 RCW—page 204]
47.60.290 State ferries—Review of tariffs and
charges. Subject to the provisions of RCW 47.60.326, the
department is hereby authorized and directed to review
tariffs and charges as applicable to the operation of the
Washington state ferries for the purpose of establishing a
more fair and equitable tariff to be charged passengers,
vehicles, and commodities on the routes of the Washington
state ferries. [1983 c 3 § 136; 1972 ex.s. c 24 § 6; 1961 c
13 § 47.60.290. Prior: 1959 c 199 § 1.]
47.60.300 State ferries—Scope of review—Periodic
reviews required. The review shall include but not be
limited to tariffs for automobiles, passengers, trucks, commutation rates, and volume discounts. The review shall give
proper consideration to time of travel, distance of travel,
operating costs, maintenance and repair expenses, and the
resultant effect any change in tariff might have on the debt
service requirements of the department as specifically
provided in existing financing programs. The review shall
also include the allocation of vessels to particular runs, the
scheduling of particular runs, the adequacy and arrangements
of docks and dock facilities, and any other subject deemed
by the department to be properly within the scope of the
review. The department is further authorized and directed to
make a like review within every three-year period. [1984 c
7 § 325; 1961 c 13 § 47.60.300. Prior: 1959 c 199 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.310 State ferries—Local expressions—Ferry
advisory committees. (1) The department is further directed
to conduct such review by soliciting and obtaining expres(2002 Ed.)
Puget Sound Ferry and Toll Bridge System
sions from local community groups in order to be properly
informed as to problems being experienced within the area
served by the Washington state ferries. In order that local
representation may be established, the department shall give
prior notice of the review to the ferry advisory committees.
(2) The legislative authorities of San Juan, Skagit,
Clallam, and Jefferson counties shall each appoint a committee to consist of five members to serve as an advisory
committee to the department or its designated representative
in such review. The legislative authorities of other counties
that contain ferry terminals shall appoint ferry advisory
committees consisting of three members for each terminal
area in each county, except for Vashon Island, which shall
have one committee, and its members shall be appointed by
the Vashon/Maury Island community council. At least one
person appointed to each ferry advisory committee shall be
representative of an established ferry user group or of
frequent users of the ferry system. Each member shall
reside in the vicinity of the terminal that the advisory
committee represents.
(3) The members of the San Juan, Clallam, and Jefferson county ferry advisory committees shall be appointed for
four-year terms. The initial terms shall commence on July
1, 1982, and end on June 30, 1986. Any vacancy shall be
filled for the remainder of the unexpired term by the
appointing authority. At least one person appointed to the
advisory committee shall be representative of an established
ferry-user group or of frequent users of the ferry system, at
least one shall be representative of persons or firms using or
depending upon the ferry system for commerce, and one
member shall be representative of a local government
planning body or its staff. Every member shall be a resident
of the county upon whose advisory committee he or she sits,
and not more than three members shall at the time of their
appointment be members of the same major political party.
(4) The members of each terminal area committee shall
be appointed for four-year terms. The initial terms of the
members of each terminal area committee shall be staggered
as follows: All terms shall commence September 1, 1988,
with one member’s term expiring August 31, 1990, one
member’s term expiring August 31, 1991, and the remaining
member’s term expiring August 31, 1992. Any vacancy
shall be filled for the remainder of the unexpired term by the
appointing authority. Not more than two members of any
terminal-area committee may be from the same political
party at the time of their appointment, and in a county
having more than one committee, the overall party representation shall be as nearly equal as possible.
(5) The chairmen of the several committees constitute
an executive committee of the Washington state ferry users.
The executive committee shall meet twice each year with
representatives of the marine division of the department to
review ferry system issues.
(6) The committees to be appointed by the county
legislative authorities shall serve without fee or compensation. [1988 c 100 § 1; 1983 c 15 § 24; 1983 c 3 § 137;
1977 c 29 § 1; 1961 c 13 § 47.60.310. Prior: 1959 c 199
§ 3.]
Severability—1983 c 15: See RCW 47.64.910.
(2002 Ed.)
47.60.310
47.60.326 Schedule of charges for state ferries—
Review by department, factors considered—Rule making
by commission. (1) In order to maintain an adequate, fair,
and economically sound schedule of charges for the transportation of passengers, vehicles, and commodities on the
Washington state ferries, the department of transportation
each year shall conduct a full review of such charges.
(2) Prior to February 1st of each odd-numbered year the
department shall transmit to the transportation commission
a report of its review together with its recommendations for
the revision of a schedule of charges for the ensuing biennium. The commission on or before July 1st of that year shall
adopt as a rule, in the manner provided by the Washington
administrative procedure act, a schedule of charges for the
Washington state ferries for the ensuing biennium commencing July 1st. The schedule may initially be adopted as an
emergency rule if necessary to take effect on, or as near as
possible to, July 1st.
(3) The department in making its review and formulating recommendations and the commission in adopting a
schedule of charges may consider any of the following factors:
(a) The amount of subsidy available to the ferry system
for maintenance and operation;
(b) The time and distance of ferry runs;
(c) The maintenance and operation costs for ferry runs
with a proper adjustment for higher costs of operating
outmoded or less efficient equipment;
(d) The efficient distribution of traffic between crosssound routes;
(e) The desirability of reasonable commutation rates for
persons using the ferry system to commute daily to work;
(f) The effect of proposed fares in increasing walk-on
and vehicular passenger use;
(g) The effect of proposed fares in promoting all types
of ferry use during nonpeak periods;
(h) Such other factors as prudent managers of a major
ferry system would consider.
(4) If at any time during the biennium it appears that
projected revenues from the Puget Sound ferry operations
account and any other operating subsidy available to the
Washington state ferries will be less than the projected total
cost of maintenance and operation of the Washington state
ferries for the biennium, the department shall forthwith
undertake a review of its schedule of charges to ascertain
whether or not the schedule of charges should be revised.
The department shall, upon completion of its review report,
submit its recommendation to the transportation commission
which may in its sound discretion revise the schedule of
charges as required to meet necessary maintenance and
operation expenditures of the ferry system for the biennium
or may defer action until the regular annual review and
revision of ferry charges as provided in subsection (2) of this
section.
(5) The provisions of RCW 47.60.330 relating to public
participation shall apply to the process of revising ferry tolls
under this section.
(6) Under RCW 43.135.055, the transportation commission may increase ferry tolls included in the schedule of
charges adopted under this section by a percentage that
exceeds the fiscal growth factor. [2001 1st sp.s. c 1 § 1;
[Title 47 RCW—page 205]
47.60.326
Title 47 RCW: Public Highways and Transportation
1999 c 94 § 27; 1990 c 42 § 406; 1983 c 15 § 25; 1981 c
344 § 5.]
established for it under existing laws, except as otherwise
provided herein. [1986 c 66 § 3; 1961 ex.s. c 9 § 1.]
Effective date—2001 1st sp.s. c 1: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [May 2, 2001]." [2001 1st sp.s. c 1 § 2.]
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Severability—1983 c 15: See RCW 47.64.910.
Severability—1981 c 344: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 344 § 8.]
Reviser’s note: Powers, duties, and functions of toll bridge authority
transferred to department of transportation; see RCW 47.01.031. Term
"Washington toll bridge authority" means department of transportation; see
RCW 47.04.015.
Effective date—1986 c 66: See note following RCW 47.60.150.
Appropriation—1961 ex.s. c 9: "There is hereby appropriated from
the motor vehicle fund to the Washington toll bridge authority, for the
biennium ending June 30, 1963, the sum of two million six hundred
thousand dollars or so much thereof as may be necessary for the operation
and maintenance of the Washington state ferries and the payments of
principal and interest on outstanding 1955 Washington state ferry system
refunding revenue bonds and 1957 ferry and Hood Canal bridge revenue
bonds and payments into reserves thereof as required by resolutions adopted
by the authority with respect to such bond issues. Whenever such bond
issues shall be refunded, any unexpended part of this appropriation shall
lapse." [1961 ex.s. c 9 § 8.]
47.60.330 Public participation. (1) Before a substantial expansion or curtailment in the level of service provided
to ferry users, or a revision in the schedule of ferry tolls or
charges, the department of transportation shall consult with
affected ferry users. The consultation shall be: (a) By
public hearing in affected local communities; (b) by review
with the affected ferry advisory committees pursuant to
RCW 47.60.310; (c) by conducting a survey of affected ferry
users; or (d) by any combination of (a) through (c).
(2) There is created a ferry system productivity council
consisting of a representative of each ferry advisory committee empanelled under RCW 47.60.310, elected by the
members thereof, and two representatives of employees of
the ferry system appointed by mutual agreement of all of the
unions representing ferry employees, which shall meet from
time to time with ferry system management to discuss means
of improving ferry system productivity.
(3) Before increasing ferry tolls the department of
transportation shall consider all possible cost reductions with
full public participation as provided in subsection (1) of this
section and, consistent with public policy, shall consider
adapting service levels equitably on a route-by-route basis to
reflect trends in and forecasts of traffic usage. Forecasts of
traffic levels shall be developed by the bond covenant traffic
engineering firm appointed under the provisions of RCW
47.60.450. Provisions of this section shall not alter obligations under RCW 47.60.450. Before including any toll
increase in a budget proposal by the commission, the
department of transportation shall consult with affected ferry
users in the manner prescribed in (1)(b) of this section plus
the procedure of either (1)(a) or (c) of this section. [1983 c
15 § 26.]
Sections captions—Severability—1983 c 15: See RCW 47.64.900
and 47.64.910.
47.60.400 Refunding bonds authorized, 1961 Act.
The Washington toll bridge authority is authorized to issue
revenue bonds to refund all or any part of the authority’s
outstanding 1955 Washington state ferry system refunding
revenue bonds and 1957 ferry and Hood Canal bridge
revenue bonds. With respect to the issuing of such bonds
and the payment of principal and interest thereon, the
payment into reserves, sinking funds, and the fixing and
revision of charges for services and facilities of the system,
and in managing all its fiscal operations, the authority shall
have all the powers and shall follow the same procedures
[Title 47 RCW—page 206]
47.60.420 Additional revenue bonds, refunding
bonds, authorized, 1961 Act—Prior charge against Puget
Sound capital construction account if ferry system
revenues insufficient. To the extent that all revenues from
the Washington state ferry system available therefor are
insufficient to provide for the payment of principal and
interest on the bonds authorized and issued under RCW
47.60.400 through 47.60.450 and for sinking fund requirements established with respect thereto and for payment into
such reserves as the department has established with respect
to the securing of the bonds, there is imposed a first and
prior charge against the Puget Sound capital construction
account of the motor vehicle fund created by RCW
47.60.505 and, to the extent required, against all revenues required by RCW 46.68.090 to be deposited in the Puget
Sound capital construction account.
To the extent that the revenues from the Washington
state ferry system available therefor are insufficient to meet
required payments of principal and interest on bonds, sinking
fund requirements, and payments into reserves, the department shall use moneys in the Puget Sound capital construction account for such purpose. [1999 c 269 § 15; 1990 c 42
§ 407; 1986 c 66 § 4; 1984 c 7 § 330; 1961 ex.s. c 9 § 3.]
Effective date—1999 c 269: See note following RCW 36.78.070.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1986 c 66: See note following RCW 47.60.150.
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.430 Additional revenue bonds, refunding
bonds, authorized, 1961 Act—Agreement to continue
imposition of certain taxes. So long as any bonds issued
as authorized herein are outstanding, the state hereby agrees
to continue to impose at least one-quarter cent of motor
vehicle fuel tax and one-quarter cent of special fuel tax
required by law and to deposit the proceeds of these taxes in
the Puget Sound capital construction account of the motor
vehicle fund. [1986 c 66 § 5; 1961 ex.s. c 9 § 4.]
Effective date—1986 c 66: See note following RCW 47.60.150.
47.60.440 Additional revenue bonds, refunding
bonds, authorized, 1961 Act—Ferry system a revenueproducing undertaking—Debt service—Tolls on ferry
system and Hood Canal bridge. The Washington state
(2002 Ed.)
Puget Sound Ferry and Toll Bridge System
ferry system shall be efficiently managed, operated, and
maintained as a revenue-producing undertaking. Subject to
the provisions of RCW 47.60.326 the commission shall
maintain and revise from time to time as necessary a
schedule of tolls and charges on said ferry system with other
moneys deposited in the Puget Sound ferry operations
account for maintenance and operation and all moneys in the
Puget Sound capital construction account available for debt
service will produce net revenue available for debt service,
in each fiscal year, in an amount at least equal to minimum
annual debt service requirements as hereinafter provided.
Minimum annual debt service requirements as used in this
section shall include required payments of principal and
interest, sinking fund requirements, and payments into
reserves on all outstanding revenue bonds authorized by
RCW 47.60.400 through *47.60.470.
The provisions of law relating to the revision of tolls
and charges to meet minimum annual debt service requirements from net revenues as required by this section shall be
binding upon the commission but shall not be deemed to
constitute a contract to that effect for the benefit of the
holders of such bonds. [1999 c 94 § 28; 1990 c 42 § 408;
1986 c 66 § 6; 1983 c 3 § 139; 1972 ex.s. c 24 § 7; 1963
ex.s. c 3 § 42; 1961 ex.s. c 9 § 5.]
*Reviser’s note: RCW 47.60.470 was repealed by 1998 c 245 § 176.
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1986 c 66: See note following RCW 47.60.150.
47.60.445 Hood Canal bridge—Tolls, upkeep costs.
Notwithstanding the provisions of RCW 47.56.240 and
47.56.245 the transportation commission shall not collect
tolls on the Hood Canal bridge for any purpose except where
necessary to comply with bond covenants.
The cost of maintenance, upkeep, and repair may be
paid from funds appropriated for the construction and
maintenance of the primary state highways of the state of
Washington. [1990 c 42 § 409.]
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
47.60.450 Additional revenue bonds, refunding
bonds, authorized, 1961 Act—Revision of tolls to meet
debt service. If the net revenue together with all moneys in
the Puget Sound capital construction account available for
debt service in any fiscal year fail to meet minimum annual
debt service for the year, as defined in RCW 47.60.440, the
commission shall promptly revise the tolls and charges after
considering supporting data and recommendations therefor
which shall be furnished by a nationally recognized traffic
engineering firm retained by the commission in the manner
provided in the bond proceedings.
Tolls and charges shall not be increased in any case
when in the opinion of the engineering firm the increase
would so reduce traffic that no net gain in revenue would
result. This section is a covenant for the benefit of the
holders of the bonds. [1986 c 66 § 7; 1984 c 7 § 331; 1961
ex.s. c 9 § 6.]
Effective date—1986 c 66: See note following RCW 47.60.150.
(2002 Ed.)
47.60.440
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.500 Acquisition of additional ferries—
Legislative finding—Department authority. (1) The
legislature finds that the state’s ferry fleet available for mass
transportation of people within the urban region of Puget
Sound is critically deficient and that substantial financial
assistance for the acquisition of new ferries is necessary if
the Washington state ferries is to continue to fulfill its role
in the Puget Sound regional urban transportation system.
(2) The department is authorized:
(a) To apply to the United States secretary of transportation for a financial grant to assist the state to acquire
urgently needed ferries;
(b) To enter into an agreement with the United States
secretary of transportation or other duly authorized federal
officials and to assent to such conditions as may be necessary to obtain financial assistance for the acquisition of
additional ferries. In connection with the agreement the
department may pledge any moneys in the Puget Sound
capital construction account, not required for debt service, in
the motor vehicle fund or any moneys to be deposited in the
account for the purpose of paying the state’s share of the
cost of acquiring ferries. To the extent of the pledge the
department shall use the moneys available in the Puget
Sound capital construction account to meet the obligations as
they arise. [1986 c 66 § 8; 1984 c 7 § 333; 1970 ex.s. c 85
§ 1.]
Effective date—1986 c 66: See note following RCW 47.60.150.
Severability—1984 c 7: See note following RCW 47.01.141.
Effective date—1970 ex.s. c 85: "This 1970 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions and shall take effect April 1, 1970." [1970 ex.s. c 85 § 9.]
47.60.502 Hood Canal bridge—Legislative finding—
Authority to restore or replace. The legislature finds that
high tides and hurricane force winds on February 13, 1979,
caused conditions resulting in the catastrophic destruction of
the Hood Canal bridge on state route 104, a state highway
on the federal-aid system; and, as a consequence, the state of
Washington has sustained a sudden and complete failure of
a major segment of highway system with a disastrous impact
on transportation services between the counties of
Washington’s Olympic peninsula and the remainder of the
state. The governor has by proclamation found that these
conditions constitute an emergency. To minimize the
economic loss and hardship to residents of the Puget Sound
and Olympic peninsula regions, the department of transportation is authorized and directed to undertake immediately all
necessary actions to restore interim transportation services
across Hood Canal and Puget Sound and upon the Kitsap
and Olympic peninsulas. The department is further authorized and directed to proceed immediately with all necessary
measures to survey the damage to the Hood Canal bridge
and to undertake the planning, design, and construction
necessary to restore or replace the Hood Canal bridge.
[1979 c 27 § 1.]
Severability—1979 c 27: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 27 § 10.]
[Title 47 RCW—page 207]
47.60.503
Title 47 RCW: Public Highways and Transportation
47.60.503 Hood Canal bridge—Authority to obtain
federal emergency relief funds. The department of
transportation is authorized and directed to take all necessary
steps to obtain federal emergency relief funds to assist the
state of Washington in restoring transportation services
across Hood Canal and Puget Sound and upon the Kitsap
and Olympic peninsulas, including both interim measures
and the ultimate reconstruction or replacement of the Hood
Canal bridge. [1979 c 27 § 2.]
Severability—1979 c 27: See note following RCW 47.60.502.
47.60.505 Puget Sound capital construction account—Created—Use. There is hereby created in the
motor vehicle fund the Puget Sound capital construction
account. All moneys hereafter deposited in said account
shall be used by the department of transportation for:
(1) Reimbursing the motor vehicle fund for all transfers
therefrom made in accordance with RCW 47.60.620; and
(2) Improving the Washington state ferry system
including, but not limited to, vessel acquisition, vessel
construction, major and minor vessel improvements, terminal
construction and improvements, and reconstruction or
replacement of, and improvements to, the Hood Canal
bridge, reimbursement of the motor vehicle fund for any
state funds, other than insurance proceeds, expended therefrom for reconstruction or replacement of and improvements
to the Hood Canal bridge, pursuant to proper appropriations:
PROVIDED, That any funds accruing to the Puget Sound
capital construction account after June 30, 1979, which are
not required to reimburse the motor vehicle fund pursuant to
RCW 47.60.620 as such obligations come due nor are required for capital improvements of the Washington state
ferries pursuant to appropriations therefor shall from time to
time as shall be determined by the department of transportation be transferred by the state treasurer to the Puget Sound
ferry operations account in the motor vehicle fund.
(3) The department may pledge any moneys in the
Puget Sound capital construction account or to be deposited
in that account to guarantee the payment of principal or
interest on bonds issued to refund the outstanding 1955
Washington state ferry system refunding bonds and the 1957
ferry and Hood Canal bridge revenue bonds.
The department may further pledge moneys in the Puget
Sound capital construction account to meet any sinking fund
requirements or reserves established by the department with
respect to any bond issues provided for in this section.
To the extent of any pledge authorized in this section,
the department shall use the first moneys available in the
Puget Sound capital construction account to meet such
obligations as they arise, and shall maintain a balance of not
less than one million dollars in the account for this purpose.
(4) The treasurer shall never transfer any moneys from
the Puget Sound capital construction account for use by the
department for state highway purposes so long as there is
due and unpaid any obligations for payment of principal,
interest, sinking funds, or reserves as required by any pledge
of the Puget Sound capital construction account. Whenever
the department has pledged any moneys in the account for
the purposes authorized in this section, the state agrees to
continue to deposit in the Puget Sound capital construction
account the motor vehicle fuel taxes and special fuel taxes
[Title 47 RCW—page 208]
as provided in RCW 82.36.020 and 82.38.290 and further
agrees that, so long as there exists any outstanding obligations pursuant to such pledge, to continue to impose such
taxes.
(5) Funds in the Puget Sound capital construction
account of the motor vehicle fund that are not required by
the department for payment of principal or interest on bond
issues or for any of the other purposes authorized in this
chapter may be invested by the department in bonds and
obligations of the nature eligible for the investment of
current state funds as provided in RCW 43.84.080. [1986 c
66 § 9; 1979 c 27 § 3; 1977 ex.s. c 360 § 10; 1970 ex.s. c
85 § 2.]
Transfer of funds—1986 c 66: "Moneys in the Puget Sound reserve
account and ferry improvement fund on July 1, 1987, shall be transferred
to the Puget Sound capital construction account." [1986 c 66 § 13.]
Effective date—1986 c 66: See note following RCW 47.60.150.
Severability—1979 c 27: See note following RCW 47.60.502.
Severability—1977 ex.s. c 360: See note following RCW 47.60.560.
Effective date—1970 ex.s. c 85: See note following RCW 47.60.500.
47.60.530 Puget Sound ferry operations account—
Created—Use. There is hereby created in the motor vehicle
fund the Puget Sound ferry operations account to the credit
of which shall be deposited all moneys directed by law to be
deposited therein. All moneys deposited in this account shall
be expended pursuant to appropriations only for reimbursement of the motor vehicle fund for any state moneys, other
than insurance proceeds, expended therefrom for alternate
transportation services instituted as a result of the destruction
of the Hood Canal bridge, and for maintenance and operation
of the Washington state ferries including the Hood Canal
bridge, supplementing as required the revenues available
from the Washington state ferry system. [1979 c 27 § 4;
1972 ex.s. c 24 § 3.]
Severability—1979 c 27: See note following RCW 47.60.502.
47.60.550 Parking or holding area for ferry patrons
in conjunction with municipal off-street parking facilities.
(1) Whenever a county, city, or other municipal corporation
acquires or constructs a facility to be used in whole or in
part for off-street parking of motor vehicles which is in the
immediate vicinity of an existing or planned ferry terminal,
the department may enter into an agreement with the local
governmental body providing for the use in part or at
specified times of the facility as a holding area for traffic
waiting to board a ferry or for parking by ferry patrons.
(2) As a part of an agreement authorized by subsection
(1) of this section, the department, subject to the limitations
contained in RCW 47.60.505, may pledge any moneys in the
Puget Sound capital construction account in the motor
vehicle fund, or to be deposited in the account, to guarantee
the payment of principal and interest on bonds issued by a
county, city, or other municipal corporation to finance the
acquisition or construction of the parking facility. In making
the pledge, the department shall reserve the right to issue its
own bonds for the purpose of paying the costs of acquiring
ferry vessels with the provision that the bonds shall rank on
parity with the bonds authorized by this section as a lien
upon moneys in or to be deposited in the Puget Sound
capital construction account.
(2002 Ed.)
Puget Sound Ferry and Toll Bridge System
The department shall also reserve the right to pledge
moneys in the Puget Sound capital construction account to
guarantee subsequent bonds issued by any county, city, or
other municipal corporation to finance parking facilities as
authorized in subsection (1) of this section with the provision
that the subsequent bonds shall rank on parity with prior
bonds guaranteed pursuant to this section as a lien upon
moneys in or to be deposited in the Puget Sound capital
construction account. To the extent of any pledge herein
authorized, the department shall use the first moneys
available in the Puget Sound capital construction account to
meet the obligations as they arise. [1986 c 66 § 10; 1984 c
7 § 335; 1975-’76 2nd ex.s. c 69 § 1.]
Effective date—1986 c 66: See note following RCW 47.60.150.
Severability—1984 c 7: See note following RCW 47.01.141.
47.60.560 General obligation bonds—Ferries—
Authorized—Purposes—Passenger-only vessels—Issuance,
sale, and retirement. In order to provide funds necessary
for vessel acquisition, vessel construction, major and minor
vessel improvements, and terminal construction and improvements for the Washington state ferries, there shall be issued
and sold upon the request of the department general obligation bonds of the state of Washington in the sum of one
hundred thirty-five million dollars or such amount thereof as
may be required (together with other funds available
therefor). If the state of Washington is able to obtain
matching funds from the urban mass transportation administration or other federal government agencies for the acquisition of passenger-only vessels capable of operating as an
integral part of the Washington state ferries on Puget Sound
and the Straits of Juan de Fuca, a sufficient amount of the
proceeds of the bonds authorized herein shall be used to pay
the state’s share of the acquisition cost of the passenger-only
vessels. Upon request being made by the department, the
state finance committee shall supervise and provide for the
issuance, sale, and retirement of the bonds in accordance
with chapter 39.42 RCW. The bonds may be sold from time
to time in such amounts as may be necessary for the orderly
progress in constructing the ferries. The bonds shall be sold
in such manner, at such time or times, in such amounts, and
at such price or prices as the state finance committee shall
determine. The state finance committee may obtain insurance, letters of credit, or other credit facility devices with
respect to the bonds and may authorize the execution and
delivery of agreements, promissory notes, and other obligations for the purpose of insuring the payment or enhancing
the marketability of the bonds. Promissory notes or other
obligations issued under this section shall not constitute a
debt or the contracting of indebtedness under any constitutional or statutory indebtedness limitation if their payment is
conditioned upon the failure of the state to pay the principal
of or interest on the bonds with respect to which the promissory notes or other obligations relate. The state finance
committee may authorize the issuance of short-term obligations in lieu of long-term obligations for the purposes of
more favorable interest rates, lower total interest costs, and
increased marketability and for the purposes of retiring the
bonds during the life of the project for which they were
issued. [1986 c 290 § 8; 1985 c 176 § 1; 1984 c 7 § 336;
1977 ex.s. c 360 § 1.]
(2002 Ed.)
47.60.550
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1977 ex.s. c 360: "If any provision of this 1977
amendatory act or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 360 § 13.]
47.60.570 Disposition of proceeds from sale of
bonds. The proceeds from the sale of the bonds shall be
deposited in the Puget Sound capital construction account of
the motor vehicle fund and such proceeds shall be available
only for the purposes enumerated in RCW 47.60.560, for the
payment of bond anticipation notes, if any, and for the
payment of the expense incurred in the drafting, printing,
issuance, and sale of such bonds. The costs of obtaining
insurance, letters of credit, or other credit enhancement
devices with respect to the bonds shall be considered to be
expenses incurred in the issuance and sale of the bonds.
[1986 c 290 § 9; 1977 ex.s. c 360 § 2.]
Severability—1977 ex.s. c 360: See note following RCW 47.60.560.
47.60.580 Bonds—Terms—Principal and interest
payable from proceeds of state excise taxes on motor
vehicle and special fuels. Bonds issued under the provisions of RCW 47.60.560 shall distinctly state that they are
a general obligation of the state of Washington, shall pledge
the full faith and credit of the state to the payment of the
principal thereof and the interest thereon, and shall contain
an unconditional promise to pay such principal and interest
as the same shall become due. The principal of and interest
on such bonds shall be first payable in the manner provided
in RCW 47.60.560 through 47.60.640 from the proceeds of
the state excise taxes on motor vehicle and special fuels
imposed by chapters 82.36 and 82.38 RCW. Proceeds of
such excise taxes are hereby pledged to the payment of any
bonds and the interest thereon issued under the provisions of
RCW 47.60.560 through 47.60.640 and the legislature hereby
agrees to continue to impose the same excise taxes on motor
vehicle and special fuels in amounts sufficient to pay, when
due, the principal and interest on all bonds issued under the
provisions of RCW 47.60.560 through 47.60.640. [1995 c
274 § 18; 1977 ex.s. c 360 § 3.]
Severability—1977 ex.s. c 360: See note following RCW 47.60.560.
47.60.590 Repayment of bonds—Fund sources. Any
funds required to repay the bonds authorized by RCW
47.60.560 or the interest thereon when due shall be taken
from that portion of the motor vehicle fund which results
from the imposition of excise taxes on motor vehicle and
special fuels and which is distributed to the state for expenditure pursuant to RCW 46.68.130 and shall never constitute
a charge against any allocations of such funds to counties,
cities, and towns unless and until the amount of the motor
vehicle fund arising from the excise taxes on motor vehicle
and special fuels and available for state highway purposes
proves insufficient to meet the requirements for bond
retirement or interest on any such bonds. [1977 ex.s. c 360
§ 4.]
Severability—1977 ex.s. c 360: See note following RCW 47.60.560.
47.60.600 Bonds—Powers and duties of state
finance committee. At least one year prior to the date any
[Title 47 RCW—page 209]
47.60.600
Title 47 RCW: Public Highways and Transportation
interest is due and payable on such bonds or before the
maturity date of such bonds, the state finance committee
shall estimate, subject to the provisions of RCW 47.60.590,
the percentage of the receipts in money of the motor vehicle
fund resulting from collection of excise taxes on motor vehicle and special fuels, for each month of the year which shall
be required to meet interest or bond payments when due and
shall notify the treasurer of such estimated requirement. The
state treasurer shall thereafter from time to time each month
as such funds are paid into the motor vehicle fund, transfer
such percentage of the monthly receipts from excise taxes on
motor vehicle and special fuels of the motor vehicle fund to
the ferry bond retirement fund hereby created in the state
treasury, which funds shall be available solely for payment
of the principal of and interest on the bonds when due. If in
any month it shall appear that the estimated percentage of
moneys so made is insufficient to meet the requirements for
payment of the principal thereof or interest thereon, the
treasurer shall notify the state finance committee forthwith
and such committee shall adjust its estimates so that all
requirements for the interest on and principal of all bonds
issued shall be fully met at all times. [1977 ex.s. c 360 § 5.]
Severability—1977 ex.s. c 360: See note following RCW 47.60.560.
47.60.610 Excess repayment funds—Disposition.
Whenever the percentage of the motor vehicle fund arising
from excise taxes on motor vehicle and special fuels payable
into the bond retirement fund proves more than is required
for the payment of interest on bonds when due, or current
retirement of bonds, any excess may, in the discretion of the
state finance committee and with the concurrence of the
department, be available for the prior redemption of any
bonds or remain available in the fund to reduce requirements
upon the fuel excise tax portion of the motor vehicle fund at
the next interest or bond payment period. [1984 c 7 § 337;
1977 ex.s. c 360 § 6.]
Severability—1977 ex.s. c 360: See note following RCW 47.60.560.
47.60.630 Bonds legal investment for public funds.
The bonds authorized in RCW 47.60.560 through 47.60.640
shall constitute a legal investment for all state funds or for
funds under state control and all funds of municipal corporations. [1977 ex.s. c 360 § 8.]
Severability—1977 ex.s. c 360: See note following RCW 47.60.560.
47.60.640 Bonds—Equal charge against revenues
from motor vehicle and special fuel excise taxes. Bonds
issued under authority of RCW 47.60.560 through 47.60.640
and any subsequent general obligation bonds of the state of
Washington which may be authorized and which pledge
motor vehicle and special fuel excise taxes for the payment
of principal and interest thereon shall be an equal charge
against the revenues from such motor vehicle and special
fuel excise taxes. [1977 ex.s. c 360 § 9.]
Severability—1977 ex.s. c 360: See note following RCW 47.60.560.
47.60.645 Passenger ferry account. There is hereby
established in the transportation fund the passenger ferry
account. Money in the account shall be used for capital
improvements for passenger ferry projects including, but not
limited to, pedestrian and transit facilities at ferry terminals
and passenger-only ferry vessels. Moneys in the account
shall be expended with legislative appropriation. [1995 2nd
sp.s. c 14 § 558.]
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
47.60.620 Reimbursements and transfers of funds.
Whenever, pursuant to RCW 47.60.600, the state treasurer
shall transfer funds from the motor vehicle fund to the ferry
bond retirement fund, the state treasurer shall at the same
time reimburse the motor vehicle fund in an identical amount
from the Puget Sound capital construction account. After
each transfer by the treasurer of funds from the motor
vehicle fund to the bond retirement fund and to the extent
permitted by RCW 47.60.420, 47.60.505(3), and
47.60.505(4), the obligation to reimburse the motor vehicle
fund as required herein shall constitute a first and prior
charge against the funds within and accruing to the Puget
Sound capital construction account, including the proceeds
of the additional two-tenths of one percent excise tax
imposed by *RCW 82.44.020, as amended by chapter 332,
Laws of 1977 ex. sess. All funds reimbursed to the motor
vehicle fund as provided herein shall be distributed to the
state for expenditure pursuant to RCW 46.68.130. [1986 c
66 § 11; 1977 ex.s. c 360 § 7.]
47.60.649 Passenger-only ferry service—Finding.
The legislature finds and declares that there is a compelling
need for the construction of additional state ferry vessels and
corresponding terminal improvements in order to provide
more capacity and frequent service to meet the forecasted
travel demands of citizens traveling on Puget Sound ferry
routes. The vessel technology required must provide
additional travel options for high growth ferry routes through
increased passenger-only ferry service.
The 1989 west corridor study evaluated cross-sound
travel through the year 2020 and identified the Southworth
to Seattle and the Kingston to Seattle passenger-only ferry
routes as promising based on criteria evaluating cost-effectiveness, time savings, physical constraints to operation,
nonduplication of current service, and ability to relieve
congestion.
Furthermore, as a result of legislative direction provided
in the 1991-93 transportation budget to the state transportation commission to evaluate and determine the location of
new passenger-only ferry routes, the commission reviewed
several service alternatives, determined that the Southworth
to Seattle and Kingston to Seattle routes ranked highest, and
directed the Washington state ferries to proceed with the
design and permitting processes for passenger-only terminals
at both Southworth and Kingston. [1998 c 166 § 1.]
*Reviser’s note: RCW 82.44.020 was repealed by 2000 1st sp.s. c
1 § 2.
Effective date—1986 c 66: See note following RCW 47.60.150.
47.60.652 Passenger-only ferry service—Vessel and
terminal acquisition, procurement, and construction. The
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1977 ex.s. c 360: See note following RCW 47.60.560.
[Title 47 RCW—page 210]
(2002 Ed.)
Puget Sound Ferry and Toll Bridge System
department is authorized to proceed with the acquisition,
procurement, and construction of a maximum of four passenger-only vessels that respond to the service demands of state
ferry service on the Southworth to Seattle and Kingston to
Seattle ferry routes, including the terminal and docking
facilities necessary to accommodate such service. The
acquisition, procurement, and construction of vessels and
terminals authorized herein shall be undertaken in accordance with the authority provided in RCW 47.56.030. [1998
c 166 § 2.]
47.60.654 Passenger-only ferry service—
Contingency. The department’s authority to proceed with
the acquisition, procurement, and construction of vessels and
terminals authorized under RCW 47.60.652 is contingent on
a legislative appropriation approving that authority: PROVIDED, That the appropriation does not reduce the current
level of funding for the maintenance and repair of vessels
and terminals in service as of June 11, 1998. [1998 c 166
§ 3.]
Reviser’s note: Cf. 1998 c 346 § 913.
47.60.680 Prequalification of contractors required.
No contract for the construction, improvement, or repair of
a ferry, ferry terminal, or other facility operated by the
Washington state ferries or for the repair, overhaul, or the
dry-docking of any ferry operated by Washington state
ferries may be awarded to any contractor who has not first
been prequalified to perform the work by the department of
transportation. No bid or proposal for such a contract may
be received from any contractor who has not first been
prequalified to perform the work by the department of
transportation. [1983 c 133 § 1.]
47.60.690 Qualifications of contractor—Rules to
assure. The secretary of transportation shall adopt rules
prescribing standards and criteria to assure that each ferry
system construction and repair contract described in RCW
47.60.680 shall be awarded to a competent and responsible
contractor who has all of the following qualifications:
(1) Adequate financial resources, which may take into
account the ability of the contractor to secure such resources;
(2) The necessary organization, personnel, equipment,
facilities, experience, and technical qualification[s] to
perform ferry system construction and repair contracts
generally and with respect to any specific contract such
additional special qualifications as may be necessary to
perform the contract;
(3) The ability to comply with the department’s performance schedules taking into account the outstanding work on
all of the contractor’s construction and repair contracts;
(4) A satisfactory record of performing previous
contracts;
(5) A satisfactory record of integrity, judgment, and
skills; and
(6) Such other qualifications as the secretary may
prescribe to assure that prequalified contractors are competent and responsible. [1983 c 133 § 2.]
47.60.652
system construction or repair contracts as described in RCW
47.60.680 shall file an application for prequalification with
the department. The application shall be on a standard form
supplied by the department. The form shall require a
complete statement of the applicant’s financial ability,
including a statement of the applicant’s current net assets
and working capital. The form shall require such additional
information as may be necessary for the department to
determine whether or not the applicant is entitled to be
prequalified in accordance with RCW 47.60.680 through
47.60.760 and the rules adopted thereunder. [1983 c 133 §
3.]
47.60.710 Department authority to obtain information. Upon request by the department an applicant for
prequalification shall authorize the department to obtain any
information pertinent to the application, including information relating to the applicant’s net worth, assets, and liabilities, from banks or other financial institutions, surety
companies, and material and equipment suppliers. [1983 c
133 § 4.]
47.60.720 Additional investigation—Terms of
prequalification—Notice of nonqualification. Upon receipt
of an application by a contractor for prequalification to
perform ferry system construction and repair contracts, the
department shall conduct such additional investigation as it
deems necessary. If it finds that the applicant is qualified in
accordance with the rules as adopted by the secretary, the
department shall prequalify the contractor to perform the
contracts for a period of one year. The prequalification shall
fix the aggregate dollar amount of work, including any contract let by the department, that the contractor may have
under contract and uncompleted at any one time and may
limit the contractor to the submission of bids or proposals
upon a certain class of work. Subject to any restrictions on
the dollar amount or class of work specified thereunder, the
prequalification shall authorize a contractor to bid or submit
proposals on all ferry system construction and repair contracts mentioned in RCW 47.60.680 except contracts
requiring special prequalification. If the department determines that an applicant is not entitled to prequalification, it
shall give written notice of the determination to the applicant. [1983 c 133 § 5.]
47.60.730 Renewal of prequalification—Nonrenewal
or revocation, notice. A contractor may apply annually for
renewal of its prequalification by submission of a new or
supplemental questionnaire and financial statement on
standard forms provided by the department. Based upon
information received at the time of renewal or at any other
time the department may amend the prequalification of the
contractor as to the dollar amount or class of work that the
contractor may perform or may refuse to renew the
prequalification or may revoke a prequalification previously
approved, all in accordance with the same standards and
criteria used for considering an original application for
prequalification. The department shall give written notice of
any such action to the contractor. [1983 c 133 § 6.]
47.60.700 Application for prequalification—Form.
Any contractor desiring to submit bids or proposals for ferry
(2002 Ed.)
[Title 47 RCW—page 211]
47.60.740
Title 47 RCW: Public Highways and Transportation
47.60.740 Rejection of bid despite pre-qualification—Unqualified bidder. If the department finds, after the
opening of bids, that facts exist that would disqualify the
lowest bidder, or that the lowest bidder is not competent or
responsible in accordance with the standards and criteria for
prequalifying contractors, the department shall reject the bid
despite the prior prequalification of the bidder. No contract
may be awarded to a bidder not qualified to bid on it at the
time fixed for receiving bids. [1983 c 133 § 7.]
47.60.750 Appeal of refusal, modification, or
revocation of prequalification. The action of the department in refusing, modifying, or revoking the prequalification
of any contractor under RCW 47.60.680 through 47.60.740
is conclusive unless an appeal is filed with the Thurston
county superior court within ten days after receiving written
notice of the refusal, modification, or revocation. The
appeal shall be heard summarily within twenty days after the
appeal is taken and on five days notice thereof to the
department. The court shall hear any such appeal on the
administrative record that was before the department. The
court may affirm the decision of the department, or it may
reverse the decision if it determines the action of the department was arbitrary or capricious. [1983 c 133 § 8.]
47.60.760 Financial information regarding qualifying not public. The department of transportation shall not
be required to make available for public inspection and
copying financial information supplied by any person, firm,
or corporation for the purpose of qualifying to submit a bid
or proposal for a ferry system construction or repair contract
as required by RCW 47.60.680 through 47.60.750. [1983 c
133 § 9.]
47.60.770 Jumbo ferry construction—Notice.
Whenever the department is authorized to construct one or
more new jumbo ferry vessels under this chapter, it shall
publish a notice of its intent once a week for at least two
consecutive weeks in at least one trade paper and one other
paper, both of general circulation in the state. The notice
shall contain, but not be limited to, the following information:
(1) The number of jumbo ferry vessels to be constructed
and the proposed delivery date for each vessel;
(2) A short summary of the requirements for
prequalification of bidders including a statement that
prequalification is a prerequisite to consideration by the
department of any bid, and a statement that the bidder shall
submit its bid for the vessel in compliance with the plans
and specifications supplied by the state; and
(3) An address and telephone number that may be used
to obtain the bid package. [1993 c 493 § 1.]
Effective date—1993 c 493: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 18, 1993]." [1993 c 493 § 8.]
47.60.772 Jumbo ferry construction—Bidding
documents. The department shall send to any firm that
requests it bidding documents specifying the criteria for the
[Title 47 RCW—page 212]
jumbo ferry vessels. The bid documents shall include, but
not be limited to, the following information:
(1) Solicitation of a bid to deliver to the department
vessels that are constructed as specified by the plans and
specifications provided by the department;
(2) A requirement that bids submitted should include
one bid for the construction of three vessels;
(3) The proposed delivery date for each vessel, the port
on Puget Sound where delivery will be taken, and the
location where acceptance sea trials will be held;
(4) The amount and form of required contract security
under RCW 39.08.100;
(5) A copy of the vessel construction contract that will
be signed by the successful bidder;
(6) The date by which bids for ferry vessel construction
must be received by the department in order to be considered;
(7) A requirement that the contractor comply with all
applicable laws, rules, and regulations including, but not
limited to those pertaining to the environment, worker health
and safety, and prevailing wages;
(8) A requirement that the vessels be constructed within
the boundaries of the state of Washington except that
equipment furnished by the state and components, products,
and systems that are standard manufactured items are not
subject to the in-state requirement under this subsection. For
the purposes of this section, "constructed" means: The
fabrication, by the joining together by welding or fastening
of all steel parts from which the total vessel is constructed,
including, but not limited to, all shell frames, longitudinals,
bulkheads, webs, piping runs, wire ways, and ducting.
"Constructed" also means the installation of all components
and systems, including, but not limited to, equipment and
machinery, castings, electrical, electronics, deck covering,
lining, paint and joiner work, required by the contract.
"Constructed" also means the interconnection of all equipment, machinery, and services, such as piping, wiring, and
ducting;
(9) A requirement that all warranty work on the vessel
be performed within the boundaries of the state of Washington, insofar as practicable;
(10) A statement that any bid submitted constitutes an
offer and remains open until ninety days after the deadline
for submitting bids, unless the firm submitting it withdraws
it by formal written notice that is received by the department
before the date and time specified for opening of the bids,
together with an explanation of the requirement that all bids
submitted be accompanied by a bid deposit in the amount of
five percent of the bid amount; and
(11) A listing of all equipment to be furnished by the
state. [1993 c 493 § 2.]
Effective date—1993 c 493: See note following RCW 47.60.770.
47.60.774 Jumbo ferry construction—Procedure on
conclusion of evaluation. (1) Upon concluding its evaluation, the department may:
(a) Select the firm submitting the lowest responsible bid
for the construction of new jumbo ferries, taking into
consideration the requirements stated in the bid documents
and rank the remaining firms, judging them by the same
standards;
(2002 Ed.)
Puget Sound Ferry and Toll Bridge System
(b) Reject all bids not in compliance with the requirements contained in the bid documents;
(c) Reject all bids.
(2) The department shall immediately notify those firms
that were not selected as the firm presenting the lowest
responsible bid. The department’s selection is conclusive
unless appeal from it is taken by an aggrieved firm to the
superior court of Thurston county within five days after
receiving notice of the department’s final decision. The
appeal shall be heard summarily within ten days after it is
taken and on five days’ notice to the department. The court
shall hear any appeal on the administrative record that was
before the department. The court may affirm the decision of
the department, or it may reverse the decision if it determines the action of the department was arbitrary or capricious. [1993 c 493 § 4.]
Effective date—1993 c 493: See note following RCW 47.60.770.
47.60.776 Jumbo ferry construction—Contract. (1)
Upon selecting the firm that has submitted the lowest
responsible bid for the construction of new jumbo ferries,
and ranking the remaining firms in order of preference, the
department shall:
(a) Sign a contract with the firm presenting the lowest
responsible bid; or
(b) If a final agreement satisfactory to the department
cannot be signed with the firm presenting the lowest responsible bid, the department may sign a contract with the firm
ranked next lowest bidder. If necessary, the department may
repeat this procedure with each firm in order until the list of
firms has been exhausted, or reject all bids.
(2) In developing a contract for the construction of ferry
vessels, the department may, subject to the provisions of
*RCW 39.25.020, authorize the use of foreign-made materials and components, products, and systems that are standard
manufactured items in the construction of ferries in order to
minimize costs. [1993 c 493 § 5.]
*Reviser’s note: RCW 39.25.020 was repealed by 1994 c 138 § 2.
Effective date—1993 c 493: See note following RCW 47.60.770.
47.60.778 Jumbo ferry construction—Bid deposits—
Low bidder claiming error. Bids submitted by firms under
this section constitute an offer and shall remain open for
ninety days. When submitted, each bid shall be accompanied by a deposit in cash, certified check, cashier’s check, or
surety bond in an amount equal to five percent of the bid
amount, and no bid may be considered unless the deposit is
enclosed. If the department awards a contract to a firm and
the firm fails to enter into a contract or fails to furnish a
satisfactory contract security as required by RCW 39.08.100,
its deposit shall be forfeited to the state and be deposited by
the state treasurer to the credit of the Puget Sound capital
construction account. A low bidder who claims error and
fails to enter into a contract is prohibited from bidding on
the same project if a second or subsequent call for bids is
made for the project. Upon the execution of a ferry construction contract for the construction of new jumbo ferries,
all bid deposits shall be returned. [1996 c 18 § 9; 1993 c
493 § 6.]
Effective date—1993 c 493: See note following RCW 47.60.770.
(2002 Ed.)
47.60.774
47.60.780 Jumbo ferry construction—Propulsion
system acquisition. (1) The department may enter into a
contract for the acquisition of the propulsion system, or any
component of it, including diesel engines and spare parts, for
installation into one or more of the three Jumbo Class Mark
II ferry vessels authorized under this chapter. This authorization does not limit the department from obtaining and
installing the propulsion system, or any component of it, as
incidental to the overall vessel construction contract authorized under RCW 47.60.770 through 47.60.778, nor from
proceeding to complete an existing contract for acquisition
of the propulsion system or any component of it.
(2) Acquisition of a propulsion system, or any component of it, for the Jumbo Class Mark II ferries by the
department under this section is exempt from chapter 43.19
RCW.
(3) Whenever the department decides to enter into an
acquisition contract under this section it shall publish a
notice of its intent to negotiate such a contract once a week
for at least two consecutive weeks in one trade newspaper
and one other newspaper, both of general circulation in the
state. The notice must contain, but is not limited to, the
following information:
(a) The identity of the propulsion system or components
to be acquired and the proposed delivery dates for the
propulsion system or components;
(b) An address and telephone number that may be used
to obtain the request for proposal.
(4) The department shall send to any firm that requests
it, a request for proposal outlining the design and construction requirements for the propulsion system, including any
desired components. The request for proposal must include,
but is not limited to, the following information:
(a) The proposed delivery date for each propulsion
system or desired component and the location where delivery
will be taken;
(b) The form and formula for contract security;
(c) A copy of the proposed contract;
(d) The date by which proposals must be received by
the department in order to be considered; and
(e) A statement that any proposal submitted constitutes
an offer and must remain open until ninety days after the
deadline for submitting proposals, together with an explanation of the requirement that all proposals submitted must be
accompanied by a deposit in the amount of five percent of
the proposed cost.
(5) The department shall evaluate all timely proposals
received for: (a) Compliance with the requirements specified
in the request for proposal; and (b) suitability of each firm’s
proposal by applying appropriate criteria to be developed by
the department: (i) To assess the ability of the firm to
expeditiously and satisfactorily perform and (ii) to accomplish an acquisition that is most advantageous to the department. A portion of the technical requirements addressed in
the request for proposal shall include, but is not limited to,
user verifications of manufacturer’s reliability claims; the
quality of engine maintenance documentation; and engine
compatibility with ship design.
(6) The criteria to select the most advantageous diesel
engine under subsection (5)(b)(ii) shall consist of life-cycle
cost factors weighted at forty-five percent; and operational
factors weighted as follows: Reliability at twenty percent,
[Title 47 RCW—page 213]
47.60.780
Title 47 RCW: Public Highways and Transportation
maintainability at twenty percent, and engine performance at
fifteen percent. For purposes of this subsection, the lifecycle cost factors shall consist of the costs for engine
acquisition and warranty, spare parts acquisition and inventory, fuel efficiency and lubricating oil consumption, and
commonality. The fuel efficiency and lubricating oil
consumption life-cycle cost factors shall receive not less than
twenty percent of the total evaluation weighting and shall be
evaluated under a format similar to that employed in the
1992 M.V. Tyee engine replacement contract. The reliability
factors shall consist of the length of service and reliability
record in comparable uses, and mean time between overhauls. The mean time between overhauls evaluation shall be
based upon the manufacturer’s required hours between
change of wear components. The maintainability factors
shall consist of spare parts availability, the usual time
anticipated to perform typical repair functions, and the
quality of factory training programs for ferry system maintenance staff. The performance factors shall consist of load
change responsiveness, and air quality of exhaust and engine
room emissions.
(7) Upon concluding its evaluation, the department shall:
(a) Select the firm presenting the proposal most advantageous to the department, taking into consideration compliance with the requirements stated in the request for proposal,
and the criteria developed by the department, and rank the
remaining firms in order of preference, judging them by the
same standards; or
(b) Reject all proposals as not in compliance with the
requirements contained in the request for proposals.
(8) The department shall immediately notify those firms
that were not selected as the firm presenting the most
advantageous proposal of the department’s decision. The
department’s decision is conclusive unless an aggrieved firm
appeals the decision to the superior court of Thurston county
within five days after receiving notice of the department’s
final decision. The appeal shall be heard summarily within
ten days after it is taken and on five days’ notice to the
department. The court shall hear the appeal on the administrative record that was before the department. The court
may affirm the decision of the department, or it may reverse
the decision if it determines the action of the department is
arbitrary or capricious.
(9) Upon selecting the firm that has presented the most
advantageous proposal and ranking the remaining firms in
order of preference, the department shall:
(a) Negotiate a contract with the firm presenting the
most advantageous proposal; or
(b) If a final agreement satisfactory to the department
cannot be negotiated with the firm presenting the most
advantageous proposal, the department may then negotiate
with the firm ranked next highest in order of preference. If
necessary, the department may repeat this procedure and
negotiate with each firm in order of rank until the list of
firms has been exhausted.
(10) Proposals submitted by firms under this section
constitute an offer and must remain open for ninety days.
When submitted, each proposal must be accompanied by a
deposit in cash, certified check, cashier’s check, or surety
bond in the amount equal to five percent of the amount of
the proposed contract price, and the department may not
consider a proposal that has no deposit enclosed with it. If
[Title 47 RCW—page 214]
the department awards a contract to a firm under the
procedure set forth in this section and the firm fails to enter
into the contract and furnish the required contract security
within twenty days, exclusive of the day of the award, its
deposit shall be forfeited to the state and deposited by the
state treasurer to the credit of the Puget Sound capital
construction account. Upon the execution of a contract all
proposal deposits shall be returned. [1994 c 181 § 2.]
Finding and intent—1994 c 181: "The legislature finds and declares
that:
A 1991 legislative study, conducted by Booz. Allen, Hamilton and M.
Rosenblatt and Son, examining the Washington state ferries’ management
of its vessel refurbishment and construction program, resulted in recommendations for improvements and changes in the vessel refurbishment and
construction program. These legislatively adopted recommendations
encourage and support input by Washington state ferries’ engineers in the
development of refurbishment and new construction project requirements.
The recommendations of the Booz. Allen study have been applied to
the construction of the Jumbo Class Mark II ferries through the appointment
of a Jumbo Class Mark II steering committee comprised of current state
ferry engineers responsible for the design, operation, and maintenance of
state ferry vessels.
The steering committee, in carrying out the recommendations of the
Booz. Allen study, has determined that the procedure for the procurement
of equipment, parts, and supplies for the Jumbo Class Mark II ferry vessels
authorized by RCW 47.60.770 through 47.60.778, must take into consideration, in addition to life-cycle cost criteria, criteria that are essential to the
operation of a public mass transportation system responsive to the needs of
Washington state ferries’ users, and that assess the reliability, maintainability, and performance of equipment, parts, and supplies to be installed in the
Jumbo Mark II ferries.
The construction of the new Jumbo Class Mark II ferry vessels
authorized by RCW 47.60.770 through 47.60.778 is critical to the welfare
of the state and any delay in the immediate construction of the ferries will
result in severe hardship and economic loss to the state and its citizens.
Recognizing these findings, it is the intent of the legislature that the vessel
construction should not be delayed further because of the acquisition of a
propulsion system, or any component of it, for the ferries, and to authorize
the department of transportation to acquire all components of a complete
propulsion system as soon as possible so that planned construction of the
Jumbo Class Mark II ferry vessels can proceed immediately.
The purpose of this chapter is to authorize the use, by the department,
of supplemental, alternative contracting procedures for the procurement of
a propulsion system, and the components thereof, for the Jumbo Class Mark
II ferries; and to prescribe appropriate requirements and criteria to ensure
that contracting procedures for such procurement serve the public interest."
[1994 c 181 § 1.]
Effective date—1994 c 181: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 30, 1994]." [1994 c 181 § 4.]
47.60.800 General obligation bonds—1992 issue—
Purpose—Issuance and sale. In order to provide funds
necessary for vessel and terminal acquisition, construction,
and major and minor improvements, including long lead time
materials acquisition for the Washington state ferries, there
shall be issued and sold upon the request of the Washington
state transportation commission and legislative appropriation
a total of two hundred ten million dollars of general obligation bonds of the state of Washington. [1992 c 158 § 1.]
47.60.802 Bonds—1992 issue—Supervision of sale
by state finance committee—Option of short-term
obligations. (1) Upon request being made by the transportation commission, the state finance committee shall supervise
and provide for the issuance, sale, and retirement of the
bonds authorized by RCW 47.60.800 through 47.60.808 in
accordance with chapter 39.42 RCW. The bonds may be
(2002 Ed.)
Puget Sound Ferry and Toll Bridge System
sold from time to time in such amounts as may be necessary
for the purposes under RCW 47.60.800. The bonds shall be
sold in such manner, at such time or times, in such amounts,
and at such price or prices as the state finance committee
shall determine. No such bonds may be offered for sale
without prior legislative appropriation of the net proceeds of
the sale of the bonds.
(2) The state finance committee shall consider the
issuance of short-term obligations in lieu of long-term
obligations for the purposes of more favorable interest rates,
lower total interest costs, and increased marketability and for
the purposes of retiring the bonds during the life of the
project for which they were issued. [1992 c 158 § 2.]
47.60.804 Bonds—1992 issue—Use of proceeds. The
proceeds from the sale of bonds authorized by RCW
47.60.800 through 47.60.808 shall be deposited in the Puget
Sound capital construction account of the motor vehicle fund
and such proceeds shall be available only for the purposes
under RCW 47.60.800, for the payment of bond anticipation
notes, if any, and for the payment of bond issuance costs,
including the costs of underwriting. [1992 c 158 § 3.]
47.60.806 Bonds—1992 issue—Payment of principal
and interest from pledged excise taxes. Bonds issued
under the authority of RCW 47.60.800 through 47.60.808
shall distinctly state that they are a general obligation of the
state of Washington, shall pledge the full faith and credit of
the state to the payment of the principal thereof and the
interest thereon, and shall contain an unconditional promise
to pay such principal and interest as the same shall become
due. The principal and interest shall be first payable in the
manner provided in RCW 47.60.800 through 47.60.808 from
the proceeds of the state excise taxes on motor vehicle and
special fuels imposed by chapters 82.36 and 82.38 RCW and
distributed to the state pursuant to RCW 46.68.130 and shall
never constitute a charge against any allocations of such
funds to counties, cities, and towns unless and until the
amount of the motor vehicle fund arising from the excise
taxes on motor vehicle and special fuels and available for
state highway purposes proves insufficient to meet the
requirements for bond retirement or interest on any such
bonds. Proceeds of such excise taxes are hereby pledged to
the payment of any bonds and the interest thereon issued
under the authority of RCW 47.60.800 through 47.60.808,
and the legislature agrees to continue to impose these excise
taxes on motor vehicle and special fuels in amounts sufficient to pay, when due, the principal and interest on all
bonds issued under the authority of RCW 47.60.800 through
47.60.808. [1995 c 274 § 19; 1992 c 158 § 4.]
47.60.808 Bonds—1992 issue—Payment from ferry
bond retirement fund. Both principal and interest on the
bonds issued for the purposes of RCW 47.60.800 through
47.60.808 shall be payable from the ferry bond retirement
fund authorized in RCW 47.60.600. Whenever, pursuant to
RCW 47.60.800 and 47.60.806, the state treasurer transfers
funds from the motor vehicle fund to the ferry bond retirement fund, the state treasurer may at the same time reimburse the motor vehicle fund in an identical amount from the
Puget Sound capital construction account. [1992 c 158 § 5.]
(2002 Ed.)
47.60.802
47.60.810 Design-build ferries—Authorized—Phases
defined. (1) The department may purchase new auto ferries
through use of a modified request for proposals process
whereby the prevailing shipbuilder and the department
engage in a design and build partnership for the design and
construction of the auto ferries. The process consists of the
three phases described in subsection (2) of this section.
(2) The definitions in this subsection apply throughout
RCW 47.60.812 through 47.60.822.
(a) "Phase one" means the evaluation and selection of
proposers to participate in development of technical proposals in phase two.
(b) "Phase two" means the preparation of technical
proposals by the selected proposers in consultation with the
department.
(c) "Phase three" means the submittal and evaluation of
bids, the award of the contract to the successful proposer,
and the design and construction of the auto ferries. [2001 c
226 § 4.]
Findings—Purpose—2001 c 226: See note following RCW
47.20.780.
47.60.812 Design-build ferries—Notice of request
for proposals. To commence the request for proposals
process, the department shall publish a notice of its intent
once a week for at least two consecutive weeks in at least
one trade paper and one other paper, both of general
circulation in the state. The notice must contain, but is not
limited to, the following information:
(1) The number of auto ferries to be procured, the auto
and passenger capacities, the delivery dates, and the estimated price range for the contract;
(2) A statement that a modified request for proposals
design and build partnership will be used in the procurement
process;
(3) A short summary of the requirements for
prequalification of proposers including a statement that
prequalification is a prerequisite to submittal of a proposal
in phase one; and
(4) An address and telephone number that may be used
to obtain a prequalification questionnaire and the request for
proposals. [2001 c 226 § 5.]
Findings—Purpose—2001 c 226: See note following RCW
47.20.780.
47.60.814 Design-build ferries—Issuance of request
for proposals. Subject to legislative appropriation for the
procurement of vessels, the department shall issue a request
for proposals to interested parties that must include, at least,
the following:
(1) Solicitation of a proposal to participate in a design
and build partnership with the department to design and
construct the auto ferries;
(2) Instructions on the prequalification process and
procedures;
(3) A description of the modified request for proposals
process. Under this process, the department may modify any
component of the request for proposals, including the outline
specifications, by addendum at any time before the submittal
of bids in phase three;
[Title 47 RCW—page 215]
47.60.814
Title 47 RCW: Public Highways and Transportation
(4) A description of the design and build partnership
process to be used for procurement of the vessels;
(5) Outline specifications that provide the requirements
for the vessels including, but not limited to, items such as
length, beam, displacement, speed, propulsion requirements,
capacities for autos and passengers, passenger space characteristics, and crew size. The department will produce
notional line drawings depicting hull geometry that will
interface with Washington state ferries terminal facilities.
Notional lines may be modified in phase two, subject to
approval by the department;
(6) Instructions for the development of technical
proposals in phase two, and information regarding confidentiality of technical proposals;
(7) The vessel delivery schedule, identification of the
port on Puget Sound where delivery must take place, and the
location where acceptance trials must be held;
(8) The estimated price range for the contract;
(9) The form and amount of the required bid deposit
and contract security;
(10) A copy of the contract that will be signed by the
successful proposer;
(11) The date by which proposals in phase one must be
received by the department in order to be considered;
(12) A description of information to be submitted in the
proposals in phase one concerning each proposer’s qualifications, capabilities, and experience;
(13) A statement of the maximum number of proposers
that may be selected in phase one for development of
technical proposals in phase two;
(14) Criteria that will be used for the phase one selection of proposers to participate in the phase two development
of technical proposals;
(15) A description of the process that will be used for
the phase three submittal and evaluation of bids, award of
the contract, and postaward administrative activities;
(16) A requirement that the contractor comply with all
applicable laws, rules, and regulations including but not
limited to those pertaining to the environment, worker health
and safety, and prevailing wages;
(17) A requirement that the vessels be constructed
within the boundaries of the state of Washington except that
equipment furnished by the state and components, products,
and systems that are standard manufactured items are not
subject to the in-state requirement under this subsection. For
the purposes of this subsection, "constructed" means the
fabrication, by the joining together by welding or fastening
of all steel parts from which the total vessel is constructed,
including, but not limited to, all shell frames, longitudinals,
bulkheads, webs, piping runs, wire ways, and ducting.
"Constructed" also means the installation of all components
and systems, including, but not limited to, equipment and
machinery, castings, electrical, electronics, deck covering,
lining, paint, and joiner work required by the contract.
"Constructed" also means the interconnection of all equipment, machinery, and services, such as piping, wiring, and
ducting; and
(18) A requirement that all warranty work on the vessel
must be performed within the boundaries of the state of
Washington, insofar as practical. [2001 c 226 § 6.]
Findings—Purpose—2001 c 226: See note following RCW
47.20.780.
[Title 47 RCW—page 216]
47.60.816 Design-build ferries—Phase one. Phase
one of the request for proposals process consists of evaluation and selection of prequalified proposers to participate in
subsequent development of technical proposals in phase two,
as follows:
(1) The department shall issue a request for proposals to
interested parties.
(2) The request for proposals must require that each
proposer prequalify for the contract under chapter 468-310
WAC, except that the department may adopt rules for the
financial prequalification of proposers for this specific contract only. The department shall modify the financial
prequalification rules in chapter 468-310 WAC in order to
maximize competition among financially capable and
otherwise qualified proposers. In adopting these rules, the
department shall consider factors including, without limitation: (a) Shipyard resources in Washington state; (b) the
cost to design and construct multiple vessels under a single
contract without options; and (c) the sequenced delivery
schedule for the vessels.
(3) The department may use some, or all, of the
nonfinancial prequalification factors as part of the evaluation
factors in phase one to enable the department to select a
limited number of best qualified proposers to participate in
development of technical proposals in phase two.
(4) The department shall evaluate submitted proposals
in accordance with the selection criteria established in the
request for proposals. Selection criteria may include, but are
not limited to, the following:
(a) Shipyard facilities;
(b) Organization components;
(c) Design capability;
(d) Build strategy;
(e) Experience and past performance;
(f) Ability to meet vessel delivery dates;
(g) Projected workload; and
(h) Expertise of project team and other key personnel.
(5) Upon concluding its evaluation of proposals, the
department shall select the best qualified proposers in
accordance with the request for proposals. The selected
proposers must participate in development of technical
proposals. Selection must be made in accordance with the
selection criteria stated in the request for proposals. All
proposers must be ranked in order of preference as derived
from the same selection criteria. [2001 c 226 § 7.]
Findings—Purpose—2001 c 226: See note following RCW
47.20.780.
47.60.818 Design-build ferries—Phase two. Phase
two of the request for proposals process consists of preparation of technical proposals in consultation with the department, as follows:
(1) The development of technical proposals in compliance with the detailed instructions provided in the request for
proposals, including the outline specifications, and any
addenda to them. Technical proposals must include the
following:
(a) Design and specifications sufficient to fully depict
the ferries’ characteristics and identify installed equipment;
(b) Drawings showing arrangements of equipment and
details necessary for the proposer to develop a firm, fixed
price bid;
(2002 Ed.)
Puget Sound Ferry and Toll Bridge System
(c) Project schedule including vessel delivery dates; and
(d) Other appropriate items.
(2) The department shall conduct periodic reviews with
each of the selected proposers to consider and critique their
designs, drawings, and specifications. These reviews must
be held to ensure that technical proposals meet the
department’s requirements and are responsive to the critiques
conducted by the department during the development of
technical proposals.
(3) If, as a result of the periodic technical reviews or
otherwise, the department determines that it is in the best
interests of the department to modify any element of the
request for proposals, including the outline specifications, it
shall do so by written addenda to the request for proposals.
(4) Proposers must submit final technical proposals for
approval that include design, drawings, and specifications at
a sufficient level of detail to fully depict the ferries’ characteristics and identify installed equipment, and to enable a
proposer to deliver a firm, fixed price bid to the department.
The department shall reject final technical proposals that
modify, fail to conform to, or are not fully responsive to and
in compliance with the requirements of the request for
proposals, including the outline specifications, as amended
by addenda. [2001 c 226 § 8.]
Findings—Purpose—2001 c 226: See note following RCW
47.20.780.
47.60.820 Design-build ferries—Phase three. Phase
three consists of the submittal and evaluation of bids and the
award of the contract to the successful proposer for the final
design and construction of the auto ferries, as follows:
(1) The department shall request bids for detailed design
and construction of the vessels after completion of the
review of technical proposals in phase two. The department
will review detailed design drawings in phase three for
conformity with the technical proposals submitted in phase
two. In no case may the department’s review replace the
builder’s responsibility to deliver a product meeting the
phase two technical proposal. The department may only
consider bids from selected proposers that have qualified to
bid by submitting technical proposals that have been approved by the department.
(2) Each qualified proposer must submit its total bid
price for all vessels, including certification that the bid is
based upon its approved technical proposal and the request
for proposals.
(3) Bids constitute an offer and remain open for ninety
days from the date of the bid opening. A deposit in cash,
certified check, cashier’s check, or surety bond in an amount
specified in the request for proposals must accompany each
bid and no bid may be considered unless the deposit is
enclosed.
(4) The department shall evaluate the submitted bids.
Upon completing the bid evaluation, the department may
select the responsive and responsible proposer that offers the
lowest total bid price for all vessels.
(5) The department may waive informalities in the
proposal and bid process, accept a bid from the lowest
responsive and responsible proposer, reject any or all bids,
republish, and revise or cancel the request for proposals to
serve the best interests of the department.
(6) The department may:
(2002 Ed.)
47.60.818
(a) Award the contract to the proposer that has been
selected as the responsive and responsible proposer that has
submitted the lowest total bid price;
(b) If a contract cannot be signed with the apparent
successful proposer, award the contract to the next lowest
responsive and responsible proposer; or
(c) If necessary, repeat this procedure with each
responsive and responsible proposer in order of rank until
the list of those proposers has been exhausted.
(7) If the department awards a contract to a proposer
under this section, and the proposer fails to enter into the
contract and furnish satisfactory contract security as required
by chapter 39.08 RCW within twenty days from the date of
award, its deposit is forfeited to the state and will be
deposited by the state treasurer to the credit of the Puget
Sound capital construction account. Upon the execution of
a ferry design and construction contract all proposal deposits
will be returned.
(8) The department may provide an honorarium to
reimburse each unsuccessful phase three proposer for a
portion of its technical proposal preparation costs at a preset,
fixed amount to be specified in the request for proposals. If
the department rejects all bids, the department may provide
the honoraria to all phase three proposers that submitted
bids. [2001 c 226 § 9.]
Findings—Purpose—2001 c 226: See note following RCW
47.20.780.
47.60.822 Design-build ferries—Notice to proposers
not selected—Appeal. (1) The department shall immediately notify those proposers that are not selected to participate
in development of technical proposals in phase one and those
proposers who submit unsuccessful bids in phase three.
(2) The department’s decision is conclusive unless an
aggrieved proposer files an appeal with the superior court of
Thurston county within five days after receiving notice of
the department’s award decision. The court shall hear any
such appeal on the department’s administrative record for the
project. The court may affirm the decision of the department, or it may reverse or remand the administrative
decision if it determines the action of the department was
arbitrary and capricious. [2001 c 226 § 10.]
Findings—Purpose—2001 c 226: See note following RCW
47.20.780.
Chapter 47.61
ACQUISITION OF NEW FERRY VESSELS UNDER
URBAN MASS TRANSPORTATION ACT OF 1964
Sections
47.61.010
47.61.020
47.61.030
47.61.040
47.61.050
47.61.060
47.61.070
47.61.080
47.61.090
Authority to enter into agreement and apply for financial
assistance.
Bonds for matching funds—Issuance and sale.
Term of bonds—Terms and conditions.
Bonds—Signatures—Registration—Where payable—
Negotiable instruments.
Bonds—Denominations—Manner and terms of sale—Legal
investment for state funds.
Proceeds of bonds—Deposit and use.
Statement describing nature of bond obligation—Pledge of
excise taxes.
Bonds to reflect terms and conditions of grant agreement.
Designation of funds to repay bonds and interest.
[Title 47 RCW—page 217]
Chapter 47.61
47.61.100
47.61.110
Title 47 RCW: Public Highways and Transportation
Bond repayment procedure—Highway bond retirement fund.
Sums in excess of bond retirement requirements—Use.
47.61.010 Authority to enter into agreement and
apply for financial assistance. Recognizing that the
Washington state ferries system is an integral part of the
state highway system, the department is authorized to enter
into an agreement with the administrator of the housing and
home finance agency and to make application for a grant for
financial assistance for the acquisition by construction or
purchase of new vessels pursuant to the provisions of the
Urban Mass Transportation Act of 1964. [1984 c 7 § 338;
1965 ex.s. c 56 § 1.]
47.61.050 Bonds—Denominations—Manner and
terms of sale—Legal investment for state funds. The
bonds issued hereunder shall be in denominations to be
prescribed by the state finance committee and may be sold
in such manner and in such amounts and at such times and
on such terms and conditions as the committee may prescribe. If bonds are sold to any purchaser other than the
state of Washington, they shall be sold at public sale, and it
shall be the duty of the state finance committee to cause
such sale to be advertised in such manner as it shall deem
sufficient. Bonds issued under the provisions of this chapter
shall be legal investment for any of the funds of the state,
except the permanent school fund. [1965 ex.s. c 56 § 5.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.61.020 Bonds for matching funds—Issuance and
sale. In order to provide necessary state matching funds as
required by the Urban Mass Transportation Act of 1964,
there shall be issued and sold limited obligation bonds of the
state of Washington in the sum of eleven million dollars, or
such amount thereof and at such times as determined to be
necessary by the state highway commission. No bonds shall
be issued under the provisions of this chapter until the
administrator of the housing and home finance agency has
approved a grant to the Washington state highway commission of not less than fifty percent of the cost of acquisition
of vessels referred to in RCW 47.61.010. The issuance, sale
and retirement of said bonds shall be under the supervision
and control of the state finance committee which, upon request being made by the Washington state highway commission, shall provide for the issuance, sale and retirement of
coupon or registered bonds to be dated, issued, and sold
from time to time in such amounts as may be necessary for
the orderly progress of said project. [1965 ex.s. c 56 § 2.]
Reviser’s note: Powers, duties, and functions of highway commission
transferred to department of transportation; see RCW 47.01.031. Term
"Washington state highway commission" means department of transportation; see RCW 47.04.015.
47.61.030 Term of bonds—Terms and conditions.
Each of such bonds shall be made payable at any time not
exceeding twenty-five years from the time of its issuance,
with such reserved rights of prior redemption, bearing such
interest, and such terms and conditions, as the state finance
committee may prescribe to be specified therein. [1965 ex.s.
c 56 § 3.]
47.61.040 Bonds—Signatures—Registration—Where
payable—Negotiable instruments. The bonds shall be
signed by the governor and the state treasurer under the seal
of the state, one of which signatures shall be made manually
and the other signature may be in printed facsimile, and any
coupons attached to such bonds shall be signed by the same
officers whose signatures thereon may be in printed facsimile. Any bonds may be registered in the name of the holder
on presentation to the state treasurer or at the fiscal agency
of the state of Washington in New York City, as to principal
alone, or as to both principal and interest under such
regulations as the state treasurer may prescribe. Such bonds
shall be payable at such places as the state finance committee may provide. All bonds issued hereunder shall be fully
negotiable instruments. [1965 ex.s. c 56 § 4.]
[Title 47 RCW—page 218]
47.61.060 Proceeds of bonds—Deposit and use. The
money arising from the sale of said bonds shall be deposited
in the state treasury to the credit of the motor vehicle fund
and such money shall be available only for the acquisition
by construction or purchase of new ferry vessels and for the
payment of all expense incurred in the drafting, printing,
issuance, and sale of any such bonds. [1965 ex.s. c 56 § 6.]
47.61.070 Statement describing nature of bond
obligation—Pledge of excise taxes. Bonds issued under the
provisions of this chapter shall distinctly state that they are
not a general obligation of the state but are payable in the
manner provided in this chapter from the proceeds of state
excise taxes on motor vehicle fuels imposed by chapters
82.36 and *82.40 RCW. The proceeds of such excise taxes
are hereby pledged to the payment of any bonds and the
interest thereon issued under the provisions of this chapter,
and the legislature hereby agrees to continue to impose the
same excise taxes on motor vehicle fuels in amounts
sufficient to pay, when due, the principal and interest on all
bonds issued under the provisions of this chapter. [1965
ex.s. c 56 § 7.]
*Reviser’s note: Chapter 82.40 RCW was repealed by 1971 ex.s. c
175 § 33, effective January 1, 1972.
47.61.080 Bonds to reflect terms and conditions of
grant agreement. Bonds issued under the provisions of
RCW 47.61.020 shall fully reflect the terms and conditions
of the grant agreement to be executed pursuant to the
provisions of RCW 47.61.010. [1965 ex.s. c 56 § 8.]
47.61.090 Designation of funds to repay bonds and
interest. Funds required to repay the bonds, or the interest
thereon when due, shall be taken from that portion of the
motor vehicle fund which results from the imposition of
excise taxes on motor vehicle fuels and which is, or may be
appropriated to the department for state highway purposes,
and shall never constitute a charge against any allocations of
the funds to counties, cities, and towns unless and until the
amount of the motor vehicle fund arising from the excise
taxes on motor vehicle fuels and available for state highway
purposes proves insufficient to meet the requirements for
bond retirement or interest on the bonds. [1984 c 7 § 339;
1965 ex.s. c 56 § 9.]
Severability—1984 c 7: See note following RCW 47.01.141.
(2002 Ed.)
Acquisition of New Ferry Vessels Under Urban Mass Transportation Act of 1964
47.61.100 Bond repayment procedure—Highway
bond retirement fund. At least one year prior to the date
any interest is due and payable on such bonds or before the
maturity date of any bonds, the state finance committee shall
estimate the percentage of the receipts in money of the
motor vehicle fund, resulting from collection of excise taxes
on motor vehicle fuels, for each month of the year which
will be required to meet interest or bond payments under the
provisions of this chapter when due, and shall notify the
state treasurer of such estimated requirement. The state
treasurer shall thereafter from time to time each month as
such funds are paid into the motor vehicle fund, transfer
such percentage of the monthly receipts from excise taxes on
motor vehicle fuels of the motor vehicle fund to the highway
bond retirement fund, and which fund shall be available
solely for payment of such interest or bonds when due. If
in any month it shall appear that the estimated percentage of
money so made is insufficient to meet the requirements for
interest or bond retirement, the treasurer shall notify the state
finance committee forthwith and such committee shall adjust
its estimates so that all requirements for interest and principal of all bonds issued shall be fully met at all times. [1965
ex.s. c 56 § 10.]
47.61.110 Sums in excess of bond retirement
requirements—Use. Whenever the percentage of the motor
vehicle fund arising from excise taxes on motor vehicle fuels, payable into the highway bond retirement fund, shall
prove more than is required for the payment of interest on
bonds when due, or current retirement of bonds, or in the
event there is appropriated from time to time additional
amounts to be placed in the said bond retirement fund, any
excess may, in the discretion of the state finance committee,
be available for the prior redemption of any bonds or remain
available in the fund to reduce the requirements upon the
fuel excise tax portion of the motor vehicle fund at the next
interest or bond payment period. [1965 ex.s. c 56 § 11.]
Chapter 47.64
MARINE EMPLOYEES—
PUBLIC EMPLOYMENT RELATIONS
Sections
47.64.005
47.64.006
47.64.011
47.64.060
47.64.070
47.64.080
47.64.090
47.64.120
47.64.130
47.64.140
47.64.150
47.64.160
47.64.170
47.64.180
47.64.190
47.64.200
47.64.210
47.64.220
47.64.230
(2002 Ed.)
Declaration of policy.
Public policy.
Definitions.
Federal social security—State employees’ retirement.
Employees subject to industrial insurance laws.
Employee seniority rights.
Other party operating ferry by rent, lease, or charter.
Scope of negotiations—Interest on retroactive compensation
increases.
Unfair labor practices for employer, employee organization.
Strikes, work stoppages, and lockouts prohibited.
Grievance procedures.
Union security provisions.
Collective bargaining procedures.
Agreements and awards limited by appropriation.
Marine employees’ commission review for compliance with
fiscal limitations—Effective date of agreements and
arbitration orders.
Impasse procedures.
Mediation.
Salary survey, fact-finding.
Waiver of mediation and fact-finding.
47.64.240
47.64.250
47.64.260
47.64.270
47.64.280
47.64.290
47.64.900
47.64.910
47.61.100
Binding arbitration.
Legal actions.
Notice and service.
Insurance and health care.
Marine employees’ commission.
Toll bridge employees subject to civil service.
Section captions not part of law—1983 c 15.
Severability—1983 c 15.
47.64.005 Declaration of policy. The state of
Washington, as a public policy, declares that sound labor
relations are essential to the development of a ferry and
bridge system which will best serve the interests of the
people of the state. [1961 c 13 § 47.64.005. Prior: 1949 c
148 § 1; Rem. Supp. 1949 § 6524-22.]
47.64.006 Public policy. The legislature declares that
it is the public policy of the state of Washington to: (1)
Provide continuous operation of the Washington state ferry
system at reasonable cost to users; (2) efficiently provide
levels of ferry service consistent with trends and forecasts of
ferry usage; (3) promote harmonious and cooperative relationships between the ferry system and its employees by
permitting ferry employees to organize and bargain collectively; (4) protect the citizens of this state by assuring
effective and orderly operation of the ferry system in providing for their health, safety, and welfare; (5) prohibit and
prevent all strikes or work stoppages by ferry employees; (6)
protect the rights of ferry employees with respect to employee organizations; and (7) promote just and fair compensation,
benefits, and working conditions for ferry system employees
as compared with public and private sector employees in
states along the west coast of the United States, including
Alaska, and in British Columbia in directly comparable but
not necessarily identical positions. [1989 c 327 § 1; 1983 c
15 § 1.]
47.64.011 Definitions. As used in this chapter, unless
the context otherwise requires, the definitions in this section
shall apply.
(1) "Arbitration" means the procedure whereby the
parties involved in an impasse submit their differences to a
third party for a final and binding decision or as provided in
this chapter.
(2) "Arbitrator" means either a single arbitrator or a
panel of three arbitrators as provided in RCW 47.64.240.
(3) "Collective bargaining representative" means the
persons designated by the secretary of transportation and
employee organizations to be the exclusive representatives
during collective bargaining negotiations.
(4) "Department of transportation" means the department
as defined in RCW 47.01.021.
(5) "Ferry employee" means any employee of the
marine transportation division of the department of transportation who is a member of a collective bargaining unit represented by a ferry employee organization and does not
include an exempt employee pursuant to RCW 41.06.079.
(6) "Ferry employee organization" means any labor
organization recognized to represent a collective bargaining
unit of ferry employees.
(7) "Ferry system management" means those management personnel of the marine transportation division of the
[Title 47 RCW—page 219]
47.64.011
Title 47 RCW: Public Highways and Transportation
department of transportation who have been vested with the
day-to-day management responsibilities of the Washington
state ferry system by the transportation commission and who
are not members of a collective bargaining unit represented
by a ferry employee organization.
(8) "Lockout" means the refusal of ferry system management to furnish work to ferry employees in an effort to
get ferry employee organizations to make concessions during
collective bargaining, grievance, or other labor relation
negotiations. Curtailment of employment of ferry employees
due to lack of work resulting from a strike or work stoppage,
as defined in subsection (11) of this section, shall not be
considered a lockout.
(9) "Marine employees’ commission" means the
commission created in RCW 47.64.280.
(10) "Office of financial management" means the office
as created in RCW 43.41.050.
(11) "Strike or work stoppage" means a ferry
employee’s refusal, in concerted action with others, to report
to duty, or his or her wilful absence from his or her position,
or his or her stoppage or slowdown of work, or his or her
abstinence in whole or in part from the full, faithful, and
proper performance of the duties of employment, for the
purpose of inducing, influencing, or coercing a change in
conditions, compensation, rights, privileges, or obligations of
his, her, or any other ferry employee’s employment. A
refusal, in good faith, to work under conditions which pose
an endangerment to the health and safety of ferry employees
or the public, as determined by the master of the vessel,
shall not be considered a strike for the purposes of this
chapter.
(12) "Transportation commission" means the commission as defined in RCW 47.01.021. [1983 c 15 § 2.]
47.64.060 Federal social security—State employees’
retirement. All employees engaged in the operation of
ferries acquired by the department shall remain subject to the
federal social security act and shall be under the state
employees’ retirement act. The department shall make such
deductions from salaries of employees and contributions
from revenues of the department as shall be necessary to
qualify the employees for benefits under the federal social
security act. The appropriate officials are authorized to contract with the secretary of health, education and welfare to
effect the coverage. [1984 c 7 § 340; 1961 c 13 §
47.64.060. Prior: 1957 c 271 § 7; 1951 c 82 § 2; 1949 c
148 § 5; Rem. Supp. 1949 § 6524-26.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.64.070 Employees subject to industrial insurance
laws. Employees, except the masters and members of the
crews of vessels, shall be subject to and entitled to the
benefits of the industrial insurance laws of the state, and are
hereby declared to be in extrahazardous employment within
the meaning of such laws. [1961 c 13 § 47.64.070. Prior:
1951 c 259 § 2; 1949 c 148 § 6; Rem. Supp. 1949 § 652427.]
47.64.080 Employee seniority rights. Employees
employed at the time of the acquisition of any ferry or ferry
system by the department have seniority rights to the
[Title 47 RCW—page 220]
position they occupy aboard the ferries or ferry system. In
the event of curtailment of ferry operations for any reason,
employees shall be relieved of service on the basis of their
duration of employment in any ferry or ferry system acquired by the department. [1984 c 7 § 341; 1961 c 13 §
47.64.080. Prior: 1949 c 148 § 7; Rem. Supp. 1949 §
6524-28.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.64.090 Other party operating ferry by rent,
lease, or charter. If any party assumes the operation and
maintenance of any ferry or ferry system by rent, lease, or
charter from the department of transportation, such party
shall assume and be bound by all the provisions herein and
any agreement or contract for such operation of any ferry or
ferry system entered into by the department shall provide
that the wages to be paid, hours of employment, working
conditions and seniority rights of employees will be established by the marine employees’ commission in accordance
with the terms and provisions of this chapter and it shall
further provide that all labor disputes shall be adjudicated in
accordance with chapter 47.64 RCW. [1983 c 15 § 27; 1961
c 13 § 47.64.090. Prior: 1949 c 148 § 8; Rem. Supp. 1949
§ 6524-29.]
Severability—1983 c 15: See RCW 47.64.910.
47.64.120 Scope of negotiations—Interest on
retroactive compensation increases. (1) Ferry system
management and ferry system employee organizations,
through their collective bargaining representatives, shall meet
at reasonable times, to negotiate in good faith with respect
to wages, hours, working conditions, insurance, and health
care benefits as limited by RCW 47.64.270, and other
matters mutually agreed upon. Employer funded retirement
benefits shall be provided under the public employees
retirement system under chapter 41.40 RCW and shall not be
included in the scope of collective bargaining.
(2) Upon ratification of bargaining agreements, ferry
employees are entitled to an amount equivalent to the
interest earned on retroactive compensation increases. For
purposes of this section, the interest earned on retroactive
compensation increases is the same monthly rate of interest
that was earned on the amount of the compensation increases
while held in the state treasury. The interest will be computed for each employee until the date the retroactive compensation is paid, and must be allocated in accordance with
appropriation authority. The interest earned on retroactive
compensation is not considered part of the ongoing compensation obligation of the state and is not compensation earnable for the purposes of chapter 41.40 RCW. Negotiations
shall also include grievance procedures for resolving any
questions arising under the agreement, which shall be
embodied in a written agreement and signed by the parties.
[1997 c 436 § 1; 1983 c 15 § 3.]
47.64.130 Unfair labor practices for employer,
employee organization. (1) It is an unfair labor practice for
ferry system management or its representatives:
(a) To interfere with, restrain, or coerce employees in
the exercise of the rights guaranteed by this chapter;
(2002 Ed.)
Marine Employees—Public Employment Relations
(b) To dominate or interfere with the formation or
administration of any employee organization or contribute
financial or other support to it: PROVIDED, That subject to
rules made by the commission pursuant to RCW 47.64.280,
an employer shall not be prohibited from permitting employees to confer with it or its representatives or agents during
working hours without loss of time or pay;
(c) To encourage or discourage membership in any
employee organization by discrimination in regard to hiring,
tenure of employment, or any term or condition of employment, but nothing contained in this subsection prevents an
employer from requiring, as a condition of continued
employment, payment of periodic dues and fees uniformly
required to an exclusive bargaining representative pursuant
to RCW 47.64.160: PROVIDED, That nothing prohibits
ferry system management from agreeing to obtain employees
by referral from a lawful hiring hall operated by or participated in by a labor organization;
(d) To discharge or otherwise discriminate against an
employee because he has filed charges or given testimony
under this chapter;
(e) To refuse to bargain collectively with the representatives of its employees.
(2) It is an unfair labor practice for an employee
organization:
(a) To restrain or coerce (i) employees in the exercise
of the rights guaranteed by this chapter: PROVIDED, That
this paragraph does not impair the right of an employee
organization to prescribe its own rules with respect to the
acquisition or retention of membership therein, or (ii) an
employer in the selection of his representatives for the
purposes of collective bargaining or the adjustment of
grievances;
(b) To cause or attempt to cause an employer to
discriminate against an employee in violation of subsection
(1)(c) of this section;
(c) To refuse to bargain collectively with an employer,
when it is the representative of its employees subject to
RCW 47.64.170.
(3) The expression of any view, argument, or opinion,
or the dissemination thereof to the public, whether in written,
printed, graphic, or visual form, shall not constitute or be
evidence of an unfair labor practice under any of the
provisions of this chapter, if the expression contains no
threat of reprisal or force or promise of benefit. [1983 c 15
§ 4.]
47.64.140 Strikes, work stoppages, and lockouts
prohibited. (1) It is unlawful for any ferry system employee or any employee organization, directly or indirectly, to
induce, instigate, encourage, authorize, ratify, or participate
in a strike or work stoppage against the ferry system.
(2) It is unlawful for ferry system management to
authorize, consent to, or condone a strike or work stoppage;
or to conduct a lockout; or to pay or agree to pay any ferry
system employee for any day in which the employee participates in a strike or work stoppage; or to pay or agree to pay
any increase in compensation or benefits to any ferry system
employee in response to or as a result of any strike or work
stoppage or any act that violates subsection (1) of this
section. It is unlawful for any official, director, or repre(2002 Ed.)
47.64.130
sentative of the ferry system to authorize, ratify, or participate in any violation of this subsection. Nothing in this
subsection prevents new or renewed bargaining and agreement within the scope of negotiations as defined by this
chapter, at any time. No collective bargaining agreement
provision regarding suspension or modification of any courtordered penalty provided in this section is binding on the
courts.
(3) In the event of any violation or imminently threatened violation of subsection (1) or (2) of this section, any
citizen domiciled within the jurisdictional boundaries of the
state may petition the superior court for Thurston county for
an injunction restraining the violation or imminently threatened violation. Rules of civil procedure regarding injunctions apply to the action. However, the court shall grant a
temporary injunction if it appears to the court that a violation
has occurred or is imminently threatened; the plaintiff need
not show that the violation or threatened violation would
greatly or irreparably injure him or her; and no bond may be
required of the plaintiff unless the court determines that a
bond is necessary in the public interest. Failure to comply
with any temporary or permanent injunction granted under
this section is a contempt of court as provided in chapter
7.21 RCW. The court may impose a penalty of up to ten
thousand dollars for an employee organization or the ferry
system, for each day during which the failure to comply
continues. The sanctions for a ferry employee found to be
in contempt shall be as provided in chapter 7.21 RCW. An
individual or an employee organization which makes an
active good faith effort to comply fully with the injunction
shall not be deemed to be in contempt.
(4) The right of ferry system employees to engage in
strike or work slowdown or stoppage is not granted and
nothing in this chapter may be construed to grant such a
right.
(5) Each of the remedies and penalties provided by this
section is separate and several, and is in addition to any
other legal or equitable remedy or penalty.
(6) In addition to the remedies and penalties provided
by this section the successful litigant is entitled to recover
reasonable attorney fees and costs incurred in the litigation.
(7) Notwithstanding the provisions of chapter 88.04
RCW and chapter 88.08 RCW, the department of transportation shall promulgate rules and regulations allowing vessels,
as defined in *RCW 88.04.300, as well as other watercraft,
to engage in emergency passenger service on the waters of
Puget Sound in the event ferry employees engage in a work
slowdown or stoppage. Such emergency rules and regulations shall allow emergency passenger service on the waters
of Puget Sound within seventy-two hours following a work
slowdown or stoppage. Such rules and regulations that are
promulgated shall give due consideration to the needs and
the health, safety, and welfare of the people of the state of
Washington. [1989 c 373 § 25; 1983 c 15 § 5.]
*Reviser’s note: RCW 88.04.300 was repealed by 1989 c 295 § 16.
For later enactment, see RCW 88.04.015.
Severability—1989 c 373: See RCW 7.21.900.
47.64.150 Grievance procedures. An agreement with
a ferry employee organization that is the exclusive representative of ferry employees in an appropriate unit may provide
[Title 47 RCW—page 221]
47.64.150
Title 47 RCW: Public Highways and Transportation
procedures for the consideration of ferry employee grievances and of disputes over the interpretation and application of
agreements. Negotiated procedures may provide for binding
arbitration of ferry employee grievances and of disputes over
the interpretation and application of existing agreements. An
arbitrator’s decision on a grievance shall not change or
amend the terms, conditions, or applications of the collective
bargaining agreement. The procedures shall provide for the
invoking of arbitration only with the approval of the employee organization. The costs of arbitrators shall be shared
equally by the parties.
Ferry system employees shall follow either the grievance procedures provided in a collective bargaining agreement, or if no such procedures are so provided, shall submit
the grievances to the marine employees’ commission as
provided in RCW 47.64.280. [1983 c 15 § 6.]
47.64.160 Union security provisions. A collective
bargaining agreement may include union security provisions
including an agency shop, but not a union or closed shop.
If an agency shop provision is agreed to, the employer shall
enforce it by deducting from the salary payments to members of the bargaining unit the dues required of membership
in the bargaining representative, or, for nonmembers thereof,
a fee equivalent to such dues. All union security provisions
shall safeguard the right of nonassociation of employees
based on bona fide religious tenets or teachings of a church
or religious body of which such employee is a member.
Such employee shall pay an amount of money equivalent to
regular dues and fees to a nonreligious charity or to another
charitable organization mutually agreed upon by the employee affected and the bargaining representative to which such
employee would otherwise pay the dues and fees. The
employee shall furnish written proof that such payment has
been made. If the employee and the bargaining representative do not reach agreement on such matter, the commission
shall designate the charitable organization. [1983 c 15 § 7.]
47.64.170 Collective bargaining procedures. (1)
Any ferry employee organization certified as the bargaining
representative shall be the exclusive representative of all
ferry employees in the bargaining unit and shall represent all
such employees fairly.
(2) A ferry employee organization or organizations and
the secretary of transportation may each designate any
individual as its representative to engage in collective
bargaining negotiations.
(3) Negotiating sessions, including strategy meetings of
ferry system management or employee organizations,
mediation, and the deliberative process of arbitrators are
exempt from the provisions of chapter 42.30 RCW. Hearings conducted by arbitrators may be open to the public by
mutual consent of the parties. Any meeting of the transportation commission, during which a collective bargaining
agreement is subject to ratification, shall be open to the
public.
(4) Terms of any collective bargaining agreement may
be enforced by civil action in Thurston county superior court
upon the initiative of either party.
(5) Ferry system employees or any employee organization shall not negotiate or attempt to negotiate directly with
[Title 47 RCW—page 222]
a member of the transportation commission if the commission has appointed or authorized a bargaining representative
for the purpose of bargaining with the ferry employees or
their representative, unless the member of the commission is
the designated bargaining representative of the ferry system.
(6) The negotiation of a proposed collective bargaining
agreement by representatives of ferry system management
and a ferry employee organization shall commence in each
odd-numbered year immediately following adoption by the
legislature and approval by the governor of the biennial
budget.
(7) Until a new collective bargaining agreement is
negotiated, or until an award is made by the arbitrator, the
terms and conditions of the previous collective bargaining
agreement shall remain in force. The wage and benefit
provisions of any collective bargaining agreement, or
arbitrator’s award in lieu thereof, that is concluded after July
1st of an odd-numbered year shall be retroactive to July 1st.
It is the intent of this section that the collective bargaining
agreement or arbitrator’s award shall commence on July 1st
of each odd-numbered year and shall terminate on June 30th
of the next odd-numbered year to coincide with the ensuing
biennial budget year, as defined by RCW 43.88.020(7), to
the extent practical.
(8) Any ferry union contract terminating before July 1,
1983, shall, with the agreement of the parties, remain in
effect until a contract can be concluded under RCW
47.64.006, 47.64.011, and 47.64.120 through 47.64.280. The
contract may be retroactive to the expiration date of the prior
contract, and the cost to the department of three months
retroactive compensation and benefits for this 1983 contract
negotiation only shall not be included in calculating the
limitation imposed by RCW 47.64.180. If the parties cannot
agree to contract extension, any increase agreed to for the
three-month period shall be included in calculating the limit
imposed by RCW 47.64.180.
(9) Any ferry union contract which would terminate
after July 1, 1983, may, by agreement of the parties, be
terminated as of July 1, 1983, and a new contract concluded
pursuant to RCW 47.64.006, 47.64.011, and 47.64.120
through 47.64.280. Any contract terminating after July 1,
1983, is subject to this chapter only upon its expiration and
shall not be renewed for a period beyond July 1, 1985.
[1983 c 15 § 8.]
47.64.180 Agreements and awards limited by
appropriation. (1) No collective bargaining agreement or
arbitrator’s award is valid or enforceable if its implementation would be inconsistent with any statutory limitation on
the department of transportation’s funds, spending, or
budget. The department of transportation shall, in good
faith, exercise its administrative discretion with full public
participation as required by *RCW 47.60.330, subject only
to legislative limitations and conditions, to implement the
terms of any collective bargaining agreement or arbitrator’s
award.
(2) In no event may the transportation commission or
the department of transportation authorize an increase in tolls
after the enactment of the budget that is in excess of the
Seattle consumer price index for the preceding twelve
months for the purpose of providing revenue to fund a
(2002 Ed.)
Marine Employees—Public Employment Relations
47.64.180
collective bargaining agreement or arbitrator’s award. The
commission or the department may increase tolls after the
first fiscal year of the biennium by the amount that the
Seattle consumer price index increased after the previous toll
increase. This subsection shall not be construed to prevent
increases due to items that are not labor-related and that are
beyond the direct control of the department. [1983 c 15 §
9.]
later than July 1st in each odd-numbered year following
enactment of the biennial budget. If the parties fail to agree
upon impasse procedures under this section, the impasse
procedures provided in RCW 47.64.210 through 47.64.230
apply. It is unlawful for either party to refuse to participate
in the impasse procedures provided in RCW 47.64.210
through 47.64.230. [1983 c 15 § 11.]
*Reviser’s note: The reference in 1983 c 15 § 9 to "section 25 of
this act" has been translated to "RCW 47.60.330." A literal translation of
the session law reference would have been "RCW 47.60.326," which
appears to be erroneous. A floor amendment to Substitute Senate Bill No.
3108 added a new section 24 to the bill and directed that internal references
be corrected accordingly. The correction was not made in the preparation
of Engrossed Substitute Senate Bill No. 3108, but has been made in
codification.
47.64.210 Mediation. In the absence of an impasse
agreement between the parties or the failure of either party
to utilize its procedures by August 1st in each odd-numbered
year, the marine employees’ commission shall, upon the
request of either party, appoint an impartial and disinterested
person to act as mediator pursuant to RCW 47.64.280. It is
the function of the mediator to bring the parties together to
effectuate a settlement of the dispute, but the mediator shall
not compel the parties to agree. [1983 c 15 § 12.]
47.64.190 Marine employees’ commission review for
compliance with fiscal limitations—Effective date of
agreements and arbitration orders. (1) No negotiated
agreement or arbitration order may become effective and in
force until five calendar days after an agreement has been
negotiated or an arbitration order entered for each and every
ferry employee bargaining unit.
(2) Upon the conclusion of negotiations or arbitration
procedures with all ferry employee bargaining units, the
secretary shall ascertain whether the cumulative fiscal
requirements of all such agreements and arbitration orders
are within the limitations imposed by RCW 47.64.180.
(3) If the secretary finds that budgetary or fare restrictions will be exceeded, he shall, within five calendar days of
completion of negotiations or arbitration with the last
bargaining unit to conclude an agreement, submit all agreements and arbitration awards to the marine employees’
commission for a binding determination whether the limitations of RCW 47.64.180 have been exceeded.
(4) The marine employees’ commission shall review all
negotiated agreements and arbitration orders, and may take
written or oral testimony from the parties, regarding compliance with RCW 47.64.180. Within fifteen calendar days of
receiving the secretary’s request for review, the commission
shall determine by a majority vote of its members whether
or not the cumulative effect of all such agreements and
orders exceeds the limitations of RCW 47.64.180.
(5) If the marine employees’ commission determines
that the limitations of RCW 47.64.180 would be exceeded if
all agreements and arbitration orders were given full force
and effect, it shall order the minimum percentage reduction
in straight time wage provisions applied equally across the
board to all agreements or arbitration orders which will
result in compliance with RCW 47.64.180.
(6) Whenever the secretary requests a determination by
the marine employees’ commission pursuant to this section,
the effect of all agreements and arbitration orders shall be
stayed, pending the commission’s final determination. [1983
c 15 § 10.]
47.64.200 Impasse procedures. As the first step in
the performance of their duty to bargain, ferry system
management and the employee organization shall endeavor
to agree upon impasse procedures. The agreement shall
provide for implementation of these impasse procedures not
(2002 Ed.)
47.64.220 Salary survey, fact-finding. (1) Prior to
collective bargaining, the marine employees’ commission
shall conduct a salary survey. The results of the survey shall
be published in a report which shall be a public document
comparing wages, hours, employee benefits, and conditions
of employment of involved ferry employees with those of
public and private sector employees in states along the west
coast of the United States, including Alaska, and in British
Columbia doing directly comparable but not necessarily
identical work, giving consideration to factors peculiar to the
area and the classifications involved. Such survey report
shall be for the purpose of disclosing generally prevailing
levels of compensation, benefits, and conditions of employment. It shall be used to guide generally but not to define
or limit collective bargaining between the parties. The commission shall make such other findings of fact as the parties
may request during bargaining or impasse.
(2) Except as provided in subsection (3) of this section,
salary and employee benefit information collected from
private employers that identifies a specific employer with the
salary and employee benefit rates which that employer pays
to its employees is not subject to public disclosure under
chapter 42.17 RCW.
(3) A person or entity, having reason to believe that the
salary survey results are inaccurate, may submit a petition to
the state auditor requesting an audit of the data upon which
the salary survey results are based. The state auditor shall
review and analyze all data collected for the salary survey,
including proprietary information, but is prohibited from disclosing the salary survey data to any other person or entity,
except by court order. [1999 c 256 § 1; 1989 c 327 § 2;
1983 c 15 § 13.]
Retroactive application—1999 c 256 § 1: "Section 1, chapter 256,
Laws of 1999 is a clarification of existing law and applies retroactively."
[1999 c 256 § 3.]
47.64.230 Waiver of mediation and fact-finding. By
mutual agreement, the parties may waive mediation and factfinding, as provided for in RCW 47.64.210 and 47.64.220,
and proceed with binding arbitration as provided for in RCW
47.64.240. The waiver shall be in writing and be signed by
the representatives of the parties. [1983 c 15 § 14.]
[Title 47 RCW—page 223]
47.64.240
Title 47 RCW: Public Highways and Transportation
47.64.240 Binding arbitration. (1) If impasse
persists fourteen days after the mediator has been appointed,
or beyond any other date mutually agreed to by the parties,
all impasse items shall be submitted to arbitration pursuant
to this section, and that arbitration shall be binding upon the
parties.
(2) Each party shall submit to the other within four days
of request, a final offer on the impasse items with proof of
service of a copy upon the other party. Each party shall also
submit a copy of a draft of the proposed collective bargaining agreement to the extent to which agreement has been
reached and the name of its selected arbitrator. The parties
may continue to negotiate all offers until an agreement is
reached or a decision rendered by the panel of arbitrators.
As an alternative procedure, the two parties may agree
to submit the dispute to a single arbitrator. If the parties
cannot agree on the arbitrator within four days, the selection
shall be made pursuant to subsection (5) of this section. The
full costs of arbitration under this provision shall be shared
equally by the parties to the dispute.
(3) The submission of the impasse items to the arbitrators shall be limited to those issues upon which the parties
have not reached agreement. With respect to each such
item, the arbitration panel award shall be restricted to the
final offers on each impasse item submitted by the parties to
the arbitration board on each impasse item.
(4) The panel of arbitrators shall consist of three
members appointed in the following manner:
(a) One member shall be appointed by the secretary of
transportation;
(b) One member shall be appointed by the ferry employee organization;
(c) One member shall be appointed mutually by the
members appointed by the secretary of transportation and the
employee organization. The last member appointed shall be
the chairman of the panel of arbitrators. No member
appointed may be an employee of the parties;
(d) Ferry system management and the employee
organization shall each pay the fees and expenses incurred
by the arbitrator each selected. The fee and expenses of the
chairman of the panel shall be shared equally by each party.
(5) If the third member has not been selected within
four days of notification as provided in subsection (2) of this
section, a list of seven arbitrators shall be submitted to the
parties by the marine employees’ commission. The two
arbitrators selected by ferry system management and the
ferry employee organization shall determine by lot which
arbitrator shall remove the first name from the list submitted
by the marine employees’ commission. The second arbitrator and the first arbitrator shall alternately remove one
additional name until only one name remains. The person
whose name remains shall become the chairman of the panel
of arbitrators and shall call a meeting within thirty days, or
at such time mutually agreed to by the parties, at a location
designated by him or her. In lieu of a list of seven nominees for the third member being submitted by the marine
employees’ commission, the parties may mutually agree to
have either the Federal Mediation and Conciliation Service
or the American Arbitration Association submit a list of
seven nominees.
(6) If a vacancy occurs on the panel of arbitrators, the
selection for replacement of that member shall be in the
[Title 47 RCW—page 224]
same manner and within the same time limits as the original
member was chosen. No final award under subsection (3)
of this section may be made by the panel until three arbitrators have been chosen.
(7) The panel of arbitrators shall at no time engage in
an effort to mediate or otherwise settle the dispute in any
manner other than that prescribed in this section.
(8) From the time of appointment until such time as the
panel of arbitrators makes its final determination, there shall
be no discussion concerning recommendations for settlement
of the dispute by the members of the panel of arbitrators
with parties other than those who are direct parties to the
dispute. The panel of arbitrators may conduct formal or
informal hearings to discuss offers submitted by both parties.
(9) The panel of arbitrators shall consider, in addition to
any other relevant factors, the following factors:
(a) Past collective bargaining contracts between the
parties including the bargaining that led up to the contracts;
(b) Comparison of wages, hours, employee benefits, and
conditions of employment of the involved ferry employees
with those of public and private sector employees in states
along the west coast of the United States, including Alaska,
and in British Columbia doing directly comparable but not
necessarily identical work, giving consideration to factors
peculiar to the area and the classifications involved;
(c) The interests and welfare of the public, the ability of
the ferry system to finance economic adjustments, and the
effect of the adjustments on the normal standard of services;
(d) The right of the legislature to appropriate and to
limit funds for the conduct of the ferry system; and
(e) The limitations on ferry toll increases and operating
subsidies as may be imposed by the legislature.
(10) The chairman of the panel of arbitrators may hold
hearings and administer oaths, examine witnesses and
documents, take testimony and receive evidence, issue
subpoenas to compel the attendance of witnesses and the
production of records, and delegate such powers to other
members of the panel of arbitrators. The chairman of the
panel of arbitrators may petition the superior court in
Thurston county, or any county in which any hearing is held,
to enforce the order of the chairman compelling the attendance of witnesses and the production of records.
(11) A majority of the panel of arbitrators shall within
thirty days after its first meeting select the most reasonable
offer, in its judgment, of the final offers on each impasse
item submitted by the parties.
(12) The selections by the panel of arbitrators and items
agreed upon by the ferry system management and the
employee organization shall be deemed to be the collective
bargaining agreement between the parties.
(13) The determination of the panel of arbitrators shall
be by majority vote and shall be final and binding, subject
to RCW 47.64.180 and 47.64.190. The panel of arbitrators
shall give written explanation for its selection and inform the
parties of its decision. [1989 c 327 § 3; 1983 c 15 § 15.]
47.64.250 Legal actions. (1) Any ferry employee
organization and the department of transportation may sue or
be sued as an entity under this chapter. Service upon any
party shall be in accordance with law or the rules of civil
procedure. Nothing in this chapter may be construed to
(2002 Ed.)
Marine Employees—Public Employment Relations
make any individual or his assets liable for any judgment
against the department of transportation or a ferry employee
organization if the individual was acting in his official
capacity.
(2) Any legal action by any ferry employee organization
or the department of transportation under this chapter shall
be filed in Thurston county superior court within ten days of
when the cause of action arose. The court shall consider
those actions on a priority basis and determine the merits of
the actions within thirty days of filing. [1983 c 15 § 16.]
47.64.260 Notice and service. Any notice required
under this chapter shall be in writing, but service thereof is
sufficient if mailed by certified mail, return receipt requested, addressed to the last known address of the parties, or
sent by electronic facsimile transmission with transaction report verification and same-day United States postal service
mailing of copies or service as specified in Title 316 WAC,
unless otherwise provided in this chapter. Refusal of
certified mail by any party shall be considered service.
Prescribed time periods commence from the date of the
receipt of the notice. Any party may at any time execute
and deliver an acceptance of service in lieu of mailed notice.
[2001 c 19 § 1; 1983 c 15 § 17.]
47.64.270 Insurance and health care. Absent a
collective bargaining agreement to the contrary, the department of transportation shall provide contributions to insurance and health care plans for ferry system employees and
dependents, as determined by the state health care authority,
under chapter 41.05 RCW; and the ferry system management
and employee organizations may collectively bargain for
other insurance and health care plans, and employer contributions may exceed that of other state agencies as provided
in RCW 41.05.050, subject to RCW 47.64.180. To the
extent that ferry employees by bargaining unit have absorbed
the required offset of wage increases by the amount that the
employer’s contribution for employees’ and dependents’
insurance and health care plans exceeds that of other state
general government employees in the 1985-87 fiscal biennium, employees shall not be required to absorb a further
offset except to the extent the differential between employer
contributions for those employees and all other state general
government employees increases during any subsequent
fiscal biennium. If such differential increases in the 1987-89
fiscal biennium or the 1985-87 offset by bargaining unit is
insufficient to meet the required deduction, the amount available for compensation shall be reduced by bargaining unit by
the amount of such increase or the 1985-87 shortage in the
required offset. Compensation shall include all wages and
employee benefits. [1995 1st sp.s. c 6 § 6; 1993 c 492 §
224; 1988 c 107 § 21; 1987 c 78 § 2; 1983 c 15 § 18.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Implementation—Effective dates—1988 c 107: See RCW
41.05.901.
Intent—1987 c 78: "The legislature finds that the provisions of RCW
47.64.270 have been subject to misinterpretation. The objective of this act
(2002 Ed.)
47.64.250
is to clarify the intent of RCW 47.64.270 as originally enacted." [1987 c
78 § 1.]
Effective date—1987 c 78: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 78 § 3.]
47.64.280 Marine employees’ commission. (1) There
is created the marine employees’ commission. The governor
shall appoint the commission with the consent of the senate.
The commission shall consist of three members: One
member to be appointed from labor, one member from
industry, and one member from the public who has significant knowledge of maritime affairs. The public member
shall be chairman of the commission. One of the original
members shall be appointed for a term of three years, one
for a term of four years, and one for a term of five years.
Their successors shall be appointed for terms of five years
each, except that any person chosen to fill a vacancy shall be
appointed only for the unexpired term of the member whom
he succeeds. Commission members are eligible for reappointment. Any member of the commission may be removed by the governor, upon notice and hearing, for neglect
of duty or malfeasance in office, but for no other cause.
Commission members are not eligible for state retirement
under chapter 41.40 RCW by virtue of their service on the
commission. Members of the commission shall be compensated in accordance with RCW 43.03.250 and shall receive
reimbursement for official travel and other expenses at the
same rate and on the same terms as provided for the
transportation commission by RCW 47.01.061. The payments shall be made from the Puget Sound ferry operations
account.
(2) The marine employees’ commission shall: (a)
Adjust all complaints, grievances, and disputes between labor
and management arising out of the operation of the ferry
system as provided in RCW 47.64.150; (b) provide for
impasse mediation as required in RCW 47.64.210; (c)
conduct fact-finding and provide salary surveys as required
in RCW 47.64.220; and (d) provide for the selection of an
impartial arbitrator as required in RCW 47.64.240(5).
(3) In adjudicating all complaints, grievances, and
disputes, the party claiming labor disputes shall, in writing,
notify the marine employees’ commission, which shall make
careful inquiry into the cause thereof and issue an order
advising the ferry employee, or the ferry employee organization representing him or her, and the department of transportation, as to the decision of the commission.
The parties are entitled to offer evidence relating to
disputes at all hearings conducted by the commission. The
orders and awards of the commission are final and binding
upon any ferry employee or employees or their representative affected thereby and upon the department.
The commission shall adopt rules of procedure under
chapter 34.05 RCW.
The commission has the authority to subpoena any ferry
employee or employees, or their representatives, and any
member or representative of the department, and any
witnesses. The commission may require attendance of
witnesses and the production of all pertinent records at any
hearings held by the commission. The subpoenas of the
commission are enforceable by order of any superior court
[Title 47 RCW—page 225]
47.64.280
Title 47 RCW: Public Highways and Transportation
in the state of Washington for the county within which the
proceeding may be pending. The commission may hire staff
as necessary, appoint consultants, enter into contracts, and
conduct studies as reasonably necessary to carry out this
chapter. [1984 c 287 § 95; 1983 c 15 § 19.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Compensation of class four groups: RCW 43.03.250.
47.64.290 Toll bridge employees subject to civil
service. Notwithstanding any other provisions of this
chapter, toll bridge employees of the marine transportation
division are subject to chapter 41.06 RCW. [1984 c 48 § 2.]
47.64.900 Section captions not part of law—1983 c
15. Section captions used in this act constitute no part of the
law. [1983 c 15 § 29.]
47.64.910 Severability—1983 c 15. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1983 c 15 § 30.]
Chapter 47.66
MULTIMODAL TRANSPORTATION PROGRAMS
Sections
47.66.010
47.66.030
47.66.040
47.66.070
47.66.900
Legislative declaration.
Transportation improvement board—Authority—Expenses.
Selection process—Local matching funds.
Multimodal transportation account.
Effective date—1993 c 393.
47.66.010 Legislative declaration. There is significant state interest in assuring that viable multimodal transportation programs are available throughout the state. The
legislature recognizes the need to create a mechanism to
fund multimodal transportation programs and projects. The
legislature further recognizes the complexities associated
with current funding mechanisms and seeks to create a
process that would allow for all transportation programs and
projects to compete for limited resources. [1993 c 393 § 3.]
47.66.030 Transportation improvement board—
Authority—Expenses. (1)(a) The transportation improvement board is authorized and responsible for the final
selection of programs and projects funded from the central
Puget Sound public transportation account; public transportation systems account; and the intermodal surface transportation and efficiency act of 1991, surface transportation
program, statewide competitive.
(b) The board may establish subcommittees as well as
technical advisory committees to carry out the mandates of
this chapter.
(2) Expenses of the board, including administrative
expenses for managing the program, shall be paid in accordance with RCW 47.26.140. [1996 c 49 § 3; 1995 c 269 §
2604; 1993 c 393 § 5.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
[Title 47 RCW—page 226]
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
47.66.040 Selection process—Local matching funds.
(1) The transportation improvement board shall select
programs and projects based on a competitive process
consistent with the mandates governing each account or
source of funds. The competition shall be consistent with
the following criteria:
(a) Local, regional, and state transportation plans;
(b) Local transit development plans; and
(c) Local comprehensive land use plans.
(2) The following criteria shall be considered by the
board in selecting programs and projects:
(a) Objectives of the growth management act, the high
capacity transportation act, the commute trip reduction act,
transportation demand management programs, federal and
state air quality requirements, and federal Americans with
disabilities act and related state accessibility requirements;
and
(b) Energy efficiency issues, freight and goods movement as related to economic development, regional significance, rural isolation, the leveraging of other funds including
funds administered by this board, and safety and security
issues.
(3) The board shall determine the appropriate level of
local match required for each program and project based on
the source of funds. [1995 c 269 § 2606; 1993 c 393 § 6.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
47.66.070 Multimodal transportation account. The
multimodal transportation account is created in the state
treasury. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used
only for transportation purposes. [2000 2nd sp.s. c 4 § 2.]
Effective date—2000 2nd sp.s. c 4 §§ 1-3, 20: See note following
RCW 82.08.020.
47.66.900 Effective date—1993 c 393. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 15, 1993]. [1993 c 393 § 10.]
Chapter 47.68
AERONAUTICS
(Formerly: Chapter 14.04 RCW, Aeronautics commission)
Sections
47.68.010
47.68.015
47.68.020
47.68.060
47.68.070
47.68.080
47.68.090
47.68.100
47.68.110
47.68.120
47.68.130
47.68.140
Statement of policy.
Change of meaning, certain terms.
Definitions.
Offices.
General powers.
Drafts of legislation, other duties.
Aid to municipalities, Indian tribes—Federal aid.
Acquisition and disposal of airports, facilities, etc.
Zoning powers not interfered with.
Condemnation, how exercised.
Contracts or leases of facilities in operating airports.
Lease of airports.
(2002 Ed.)
Aeronautics
47.68.150
47.68.160
47.68.170
47.68.180
47.68.185
Lien for state’s charges.
Acceptance of federal moneys.
State airways system.
Execution of necessary contracts.
Establishment of procedures required by conditions of federal transfers of facilities.
47.68.190 Exclusive grants prohibited.
47.68.200 Exercise of powers, public and governmental purpose.
47.68.210 Rules—Standards.
47.68.220 Operating aircraft recklessly or under influence of intoxicants or drugs.
47.68.230 Aircraft, airman, and airwoman certificates required.
47.68.233 Registration of pilots—Certificates—Fees—Exemptions—
Use of fees.
47.68.234 Registration of airman and airwoman.
47.68.235 License or certificate suspension—Noncompliance with
support order—Reissuance.
47.68.236 Aircraft search and rescue, safety, and education account.
47.68.240 Penalties for violations.
47.68.250 Registration of aircraft.
47.68.255 Evasive registration.
47.68.280 Investigations, hearings, etc.—Subpoenas—Compelling
attendance.
47.68.290 Joint hearings—Cooperation.
47.68.300 State and municipal agencies to cooperate.
47.68.310 Enforcement of aeronautics laws.
47.68.320 Service of orders—Hearings—Review.
47.68.330 Exchange of data, reports of violations, etc.
47.68.340 Hazardous structures and obstacles—Marking—Hearing to
determine hazard.
47.68.350 Hazardous structures and obstacles—Reporting location—
Subpoenas.
47.68.360 Hazardous structures and obstacles—Exemption of structures
required by federal law to be marked.
47.68.380 Search and rescue.
47.68.900 Severability—1947 c 165.
Recycling at airports: RCW 70.93.095.
47.68.010 Statement of policy. It is hereby declared
that the purpose of this chapter is to further the public
interest and aeronautical progress by providing for the
protection and promotion of safety in aeronautics; by
cooperating in effecting uniformity of the laws and regulations relating to the development and regulation of aeronautics in the several states consistent with federal aeronautics
laws and regulations; by granting to a state agency such
powers and imposing upon it such duties that the state may
properly perform its functions relative to aeronautics and
effectively exercise its jurisdiction over persons and property
within such jurisdiction, assist in the development of a
statewide system of airports, cooperate with and assist the
municipalities of this state and others engaged in aeronautics,
and encourage and develop aeronautics; by establishing only
such regulations as are essential in order that persons
engaged in aeronautics of every character may so engage
with the least possible restriction, consistent with the safety
and the rights of others; and by providing for cooperation
with the federal authorities in the development of a national
system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of
this state. [1947 c 165 § 2; Rem. Supp. 1947 § 10964-82.
Formerly RCW 14.04.010.]
47.68.015 Change of meaning, certain terms.
Unless the language specifically indicates otherwise, or
unless the context plainly requires a different interpretation:
Wherever in any provision in the Revised Code of
Washington the term "Washington state aeronautics commis(2002 Ed.)
Chapter 47.68
sion", "the state aeronautics commission", "the aeronautics
commission of the state", "the aeronautics commission", or
"the commission" (when referring to the Washington state
aeronautics commission) is used, it shall mean the department of transportation created in RCW 47.01.031.
Wherever in any provision in the Revised Code of
Washington the term "state director of aeronautics", "director
of aeronautics", or "director" (when referring to the state
director of aeronautics) is used, it shall mean the secretary
of transportation whose office is created in RCW 47.01.041.
[1977 ex.s. c 151 § 22.]
47.68.020 Definitions. As used in this chapter, unless
the context clearly indicates otherwise:
(1) "Aeronautics" means the science and art of flight
and including but not limited to transportation by aircraft;
the operation, construction, repair, or maintenance of aircraft,
aircraft power plants and accessories, including the repair,
packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement,
repair, or maintenance of airports or air navigation facilities;
and instruction in flying or ground subjects pertaining
thereto.
(2) "Aircraft" means any contrivance now known, or
hereafter invented, used or designed for navigation of or
flight in the air.
(3) "Airport" means any area of land or water which is
used, or intended for use, for the landing and take-off of
aircraft, and any appurtenant areas which are used, or
intended for use, for airport buildings or other airport facilities or right-of-way, together with all airport buildings and
facilities located thereon.
(4) "Department" means the state department of transportation.
(5) "Secretary" means the state secretary of transportation.
(6) "State" or "this state" means the state of Washington.
(7) "Air navigation facility" means any facility, other
than one owned or operated by the United States, used in,
available for use in, or designed for use in aid of air navigation, including any structures, mechanisms, lights, beacons,
markers, communicating systems, or other instrumentalities
or devices used or useful as an aid, or constituting an
advantage or convenience, to the safe taking-off, navigation,
and landing of aircraft, or the safe and efficient operation or
maintenance of an airport, and any combination of any or all
of such facilities.
(8) "Operation of aircraft" or "operate aircraft" means
the use, navigation, or piloting of aircraft in the airspace
over this state or upon any airport within this state.
(9) "Airman or airwoman" means any individual who
engages, as the person in command, or as pilot, mechanic, or
member of the crew in the navigation of aircraft while under
way, and any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft
engines, airframes, propellers, or appliances, and any
individual who serves in the capacity of aircraft dispatcher
or air-traffic control tower operator; but does not include any
individual employed outside the United States, or any
individual employed by a manufacturer of aircraft, aircraft
[Title 47 RCW—page 227]
47.68.020
Title 47 RCW: Public Highways and Transportation
engines, airframes, propellers, or appliances to perform
duties as inspector or mechanic in connection therewith, or
any individual performing inspection or mechanical duties in
connection with aircraft owned or operated by the person.
(10) "Aeronautics instructor" means any individual who
for hire or reward engages in giving instruction or offering
to give instruction in flying or ground subjects pertaining to
aeronautics, but excludes any instructor in a public school,
university, or institution of higher learning duly accredited
and approved for carrying on collegiate work, who instructs
in flying or ground subjects pertaining to aeronautics, while
in the performance of his or her duties at such school,
university, or institution.
(11) "Air school" means any person who advertises,
represents, or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics
whether for or without hire or reward; but excludes any
public school, university, or institution of higher learning
duly accredited and approved for carrying on collegiate
work.
(12) "Person" means any individual, firm, partnership,
corporation, company, association, joint stock association, or
body politic; and includes any trustee, receiver, assignee, or
other similar representative thereof.
(13) "Municipal" means pertaining to a municipality,
and "municipality" means any county, city, town, authority,
district, or other political subdivision or public corporation
of this state.
(14) "Airport hazard" means any structure, object of
natural growth, or use of land, which obstructs the airspace
required for the flight of aircraft in landing or taking off at
an airport or is otherwise hazardous to such landing or
taking off.
(15) "State airway" means a route in the navigable
airspace over and above the lands or waters of this state,
designated by the department as a route suitable for air
navigation. [1993 c 208 § 4; 1984 c 7 § 342; 1947 c 165 §
1; Rem. Supp. 1947 § 10964-81. Formerly RCW
14.04.020.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.060 Offices. Suitable offices and office equipment shall be provided by the state for the aeronautics
division of the department of transportation in a city in the
state that it may designate, and the department may incur the
necessary expense for office furniture, stationery, printing,
incidental expenses, and other expenses necessary for the
administration of this chapter. [1984 c 7 § 343; 1947 c 165
§ 6; Rem. Supp. 1947 § 10964-86. Formerly RCW
14.04.060.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.070 General powers. The department has
general supervision over aeronautics within this state. It is
empowered and directed to encourage, foster, and assist in
the development of aeronautics in this state and to encourage
the establishment of airports and air navigation facilities. It
shall cooperate with and assist the federal government, the
municipalities of this state, and other persons in the development of aeronautics, and shall seek to coordinate the aeronautical activities of these bodies and persons. Municipali[Title 47 RCW—page 228]
ties are authorized to cooperate with the department in the
development of aeronautics and aeronautical facilities in this
state. [1984 c 7 § 344; 1947 c 165 § 7; Rem. Supp. 1947 §
10964-87. Formerly RCW 14.04.070.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.080 Drafts of legislation, other duties. The
department may draft and recommend necessary legislation
to advance the interests of the state in aeronautics, represent
the state in aeronautical matters before federal agencies and
other state agencies, and participate as party plaintiff or
defendant or as intervener on behalf of the state or any
municipality or citizen thereof in any controversy which
involves the interest of the state in aeronautics. [1984 c 7 §
345; 1947 c 165 § 8; 1945 c 252 § 5; Rem. Supp. 1947 §
10964-88. Formerly RCW 14.04.080.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.090 Aid to municipalities, Indian tribes—
Federal aid. The department of transportation may make
available its engineering and other technical services, with or
without charge, to any municipality or person desiring them
in connection with the planning, acquisition, construction,
improvement, maintenance or operation of airports or air
navigation facilities.
The department may render financial assistance by grant
or loan or both to any municipality or municipalities acting
jointly in the planning, acquisition, construction, improvement, maintenance, or operation of an airport owned or
controlled, or to be owned or controlled by such municipality
or municipalities, or to any Indian tribe recognized as such
by the federal government or such tribes acting jointly in the
planning, acquisition, construction, improvement, maintenance or operation of an airport, owned or controlled, or to
be owned or controlled by such tribe or tribes and to be held
available for the general use of the public, out of appropriations made by the legislature for such purposes. Such
financial assistance may be furnished in connection with
federal or other financial aid for the same purposes:
PROVIDED, That no grant or loan or both shall be in excess
of two hundred fifty thousand dollars for any one project:
PROVIDED FURTHER, That no grant or loan or both shall
be granted unless the municipality or municipalities acting
jointly, or the tribe or tribes acting jointly shall from their
own funds match any funds made available by the department upon such ratio as the department may prescribe.
The department is authorized to act as agent of any
municipality or municipalities acting jointly or any tribe or
tribes acting jointly, upon the request of such municipality or
municipalities, or such tribe or tribes in accepting, receiving,
receipting for and disbursing federal moneys, and other
moneys public or private, made available to finance, in
whole or in part, the planning, acquisition, construction,
improvement, maintenance or operation of an airport or air
navigation facility; and if requested by such municipality or
municipalities, or tribe or tribes, may act as its or their agent
in contracting for and supervising such planning, acquisition,
construction, improvement, maintenance, or operation; and
all municipalities and tribes are authorized to designate the
department as their agent for the foregoing purposes. The
department, as principal on behalf of the state, and any
(2002 Ed.)
Aeronautics
47.68.090
municipality on its own behalf, may enter into any contracts,
with each other or with the United States or with any person,
which may be required in connection with a grant or loan of
federal moneys for airport or air navigation facility purposes.
All federal moneys accepted under this section shall be
accepted and transferred or expended by the department
upon such terms and conditions as are prescribed by the
United States. All moneys received by the department
pursuant to this section shall be deposited in the state
treasury, and, unless otherwise prescribed by the authority
from which such moneys were received, shall be kept in
separate funds designated according to the purposes for
which the moneys were made available, and held by the state
in trust for such purposes. All such moneys are hereby
appropriated for the purposes for which the same were made
available, to be disbursed or expended in accordance with
the terms and conditions upon which they were made
available: PROVIDED, That any landing fee or charge
imposed by any Indian tribe or tribes for the privilege of use
of an airport facility planned, acquired, constructed, improved, maintained, or operated with financial assistance
from the department pursuant to this section must apply
equally to tribal and nontribal members: PROVIDED
FURTHER, That in the event any municipality or municipalities or Indian tribe or tribes, or any distributor of aircraft
fuel as defined by RCW 82.42.020 which operates in any
airport facility which has received financial assistance
pursuant to this section, fails to collect the aircraft fuel
excise tax as specified in chapter 82.42 RCW, all funds or
value of technical assistance given or paid to such municipality or municipalities or Indian tribe or tribes under the
provisions of this section shall revert to the department, and
shall be due and payable to the department immediately.
[1980 c 67 § 1; 1975 1st ex.s. c 161 § 1; 1947 c 165 § 9;
Rem. Supp. 1947 § 10964-89. Formerly RCW 14.04.090.]
otherwise, dispose of any property, airport, air navigation
facility, or portion thereof or interest therein. The disposal
by sale, lease, or otherwise shall be in accordance with the
laws of this state governing the disposition of other property
of the state, except that in the case of disposals to any
municipality or state government or the United States for
aeronautical purposes incident thereto, the sale, lease, or
other disposal may be effected in such manner and upon
such terms as the department deems in the best interest of
the state. The department may exercise any powers granted
by this section jointly with any municipalities, agencies, or
departments of the state government, with other states or
their municipalities, or with the United States. [1984 c 7 §
346; 1947 c 165 § 10; Rem. Supp. 1947 § 10964-90.
Formerly RCW 14.04.100.]
Distributor of aircraft fuel defined: RCW 82.42.010(7).
47.68.130 Contracts or leases of facilities in operating airports. In operating an airport or air navigation
facility owned or controlled by the state, the department may
enter into contracts, leases, and other arrangements for a
term not exceeding twenty-five years with any persons. The
department may grant the privilege of using or improving the
airport or air navigation facility or any portion or facility
thereof or space therein for commercial purposes, confer the
privilege of supplying goods, commodities, things, services,
or facilities at the airport or air navigation facility, or make
available services to be furnished by the department or its
agents at the airport or air navigation facility. In each case
the department may establish the terms and conditions and
fix the charges, rentals, or fees for the privileges or services,
which shall be reasonable and uniform for the same class of
privilege or service and shall be established with due regard
to the property and improvements used and the cost of
operation to the state. In no case shall the public be
deprived of its rightful, equal, and uniform use of the airport,
air navigation facility, or portion or facility thereof. [1984
c 7 § 348; 1947 c 165 § 13; Rem. Supp. 1947 § 10964-93.
Formerly RCW 14.04.130.]
47.68.100 Acquisition and disposal of airports,
facilities, etc. The department is authorized on behalf of
and in the name of the state, out of appropriations and other
moneys made available for such purposes, to plan, establish,
construct, enlarge, improve, maintain, equip, operate,
regulate, protect, and police airports, air navigation facilities,
and air markers and/or air marking systems, either within or
without the state, including the construction, installation,
equipment, maintenance, and operation at the airports of
buildings and other facilities for the servicing of aircraft or
for the comfort and accommodation of air travelers. For
such purposes the department may by purchase, gift, devise,
lease, condemnation, or otherwise, acquire property, real or
personal, or any interest therein, including easements or land
outside the boundaries of an airport or airport site, as are
necessary to permit safe and efficient operation of the
airports or to permit the removal, elimination, marking, or
lighting of obstructions or airport hazards, or to prevent the
establishment of airport hazards. In like manner the department may acquire existing airports and air navigation facilities. However, it shall not acquire or take over any airport
or air navigation facility owned or controlled by a municipality of this or any other state without the consent of the
municipality. The department may by sale, lease, or
(2002 Ed.)
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.110 Zoning powers not interfered with.
Nothing contained in this chapter shall be construed to limit
any right, power or authority of the state or a municipality
to regulate airport hazards by zoning. [1947 c 165 § 11;
Rem. Supp. 1947 § 10964-91. Formerly RCW 14.04.110.]
Planning commissions: Chapter 35.63 RCW.
47.68.120 Condemnation, how exercised. In the
condemnation of property authorized by this chapter, the
department shall proceed in the name of the state in the
manner that property is acquired by the department for
public uses. [1984 c 7 § 347; 1947 c 165 § 12; Rem. Supp.
1947 § 10964-92. Formerly RCW 14.04.120.]
Severability—1984 c 7: See note following RCW 47.01.141.
Acquisition of highway property: Chapter 47.12 RCW.
Eminent domain by state: Chapter 8.04 RCW.
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.140 Lease of airports. The department may by
contract, lease, or other arrangement, upon a consideration
[Title 47 RCW—page 229]
47.68.140
Title 47 RCW: Public Highways and Transportation
fixed by it, grant to any qualified person for a term not to
exceed twenty-five years the privilege of operating, as agent
of the state or otherwise, any airport owned or controlled by
the state: PROVIDED, That no such person shall be granted
any authority to operate the airport other than as a public
airport or to enter into any contracts, leases, or other
arrangements in connection with the operation of the airport
which the department might not have undertaken under
RCW 47.68.130. [1983 c 3 § 141; 1947 c 165 § 14; Rem.
Supp. 1947 § 10964-94. Formerly RCW 14.04.140.]
47.68.150 Lien for state’s charges. To enforce the
payment of any charges for repairs to, improvements,
storage, or care of any personal property made or furnished
by the department or its agents in connection with the
operation of an airport or air navigation facility owned or
operated by the state, the state shall have liens on such
property, which shall be enforceable by the department as
provided by law. [1984 c 7 § 349; 1947 c 165 § 15; Rem.
Supp. 1947 § 10964-95. Formerly RCW 14.04.150.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.160 Acceptance of federal moneys. The
department is authorized to accept, receive, receipt for,
disburse, and expend federal moneys, and other moneys
public or private, made available to accomplish, in whole or
in part, any of the purposes of this section. All federal
moneys accepted under this section shall be accepted and
expended by the department upon such terms and conditions
as are prescribed by the United States. In accepting federal
moneys under this section, the department shall have the
same authority to enter into contracts on behalf of the state
as is granted to the department under RCW 47.68.090 with
respect to federal moneys accepted on behalf of municipalities. All moneys received by the department pursuant to this
section shall be deposited in the state treasury, and, unless
otherwise prescribed by the authority from which such moneys were received, shall be kept in separate funds designated
according to the purposes for which the moneys were made
available, and held by the state in trust for such purposes.
All such moneys are hereby appropriated for the purpose of
which the same were made available, to be disbursed or
expended in accordance with the terms and conditions upon
which they were made available. [1983 c 3 § 142; 1947 c
165 § 16; 1945 c 252 § 7; Rem. Supp. 1947 § 10964-96.
Formerly RCW 14.04.160.]
47.68.170 State airways system. The department
may designate, design, and establish, expand, or modify a
state airways system that will best serve the interest of the
state. It may chart the airways system and arrange for
publication and distribution of such maps, charts, notices,
and bulletins relating to the airways as may be required in
the public interest. The system shall be supplementary to
and coordinated in design and operation with the federal
airways system. It may include all types of air navigation
facilities, whether publicly or privately owned, if the
facilities conform to federal safety standards. [1984 c 7 §
350; 1947 c 165 § 17; Rem. Supp. 1947 § 10964-97.
Formerly RCW 14.04.170.]
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 47 RCW—page 230]
47.68.180 Execution of necessary contracts. The
department may enter into any contracts necessary to the
execution of the powers granted it by this chapter. All
contracts made by the department, either as the agent of the
state or as the agent of any municipality, shall be made
pursuant to the laws of the state governing the making of
like contracts. Where the planning, acquisition, construction,
improvement, maintenance, or operation of any airport or air
navigation facility is financed wholly or partially with
federal moneys, the department as agent of the state or of
any municipality, may let contracts in the manner prescribed
by the federal authorities acting under the laws of the United
States and any rules or regulations made thereunder. [1984
c 7 § 351; 1947 c 165 § 18; Rem. Supp. 1947 § 10964-98.
Formerly RCW 14.04.180.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.185 Establishment of procedures required by
conditions of federal transfers of facilities. The department is authorized to establish the necessary accounts or
administrative procedures required by conditions attached to
transfers of airport facilities from the federal government to
the state of Washington. [1984 c 7 § 352; 1963 c 73 § 1.
Formerly RCW 14.04.185.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.190 Exclusive grants prohibited. The department shall not grant any exclusive right for the use of any
landing area or air navigation facility under its jurisdiction.
This section shall not be construed to prevent the making of
contracts, leases, and other arrangements pursuant to this
chapter. [1984 c 7 § 353; 1947 c 165 § 19; Rem. Supp.
1947 § 10964-99. Formerly RCW 14.04.190.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.200 Exercise of powers, public and governmental purpose. The acquisition of any lands or interest
therein pursuant to this chapter, the planning, acquisition,
establishment, construction, improvement, maintenance,
equipment, and operation of airports and air navigation
facilities, whether by the state separately or jointly with any
municipality or municipalities, and the exercise of any other
powers herein granted to the department are public and
governmental functions, exercised for a public purpose, and
matters of public necessity. All lands and other property and
privileges acquired and used by or on behalf of the state in
the manner and for the purposes enumerated in this chapter
shall and are declared to be acquired and used for public and
governmental purposes and as a matter of public necessity.
[1984 c 7 § 354; 1947 c 165 § 20; Rem. Supp. 1947 §
10964-100. Formerly RCW 14.04.200.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.210 Rules—Standards. The department of
transportation may perform such acts, issue and amend such
orders, make, promulgate, and amend such reasonable
general rules, and procedures, and establish such minimum
standards, consistent with the provisions of this chapter, as
it shall deem necessary to perform its duties hereunder; all
commensurate with and for the purpose of protecting and
insuring the general public interest and safety, the safety of
(2002 Ed.)
Aeronautics
persons operating, using or traveling in aircraft or persons
receiving instruction in flying or ground subjects pertaining
to aeronautics, and the safety of persons and property on
land or water, and developing and promoting aeronautics in
this state. No rule of the department shall apply to airports
or air navigation facilities owned or operated by the United
States.
The department shall keep on file with the code reviser,
and at the principal office of the department, a copy of all its
rules for public inspection.
The department shall provide for the publication and
general distribution of all its orders, rules, and procedures
having general effect. [1982 c 35 § 198; 1947 c 165 § 21;
Rem. Supp. 1947 § 10964-101. Formerly RCW 14.04.210.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Notice of meetings: Chapter 42.30 RCW.
47.68.220 Operating aircraft recklessly or under
influence of intoxicants or drugs. It shall be unlawful for
any person to operate an aircraft in the air, or on the ground
or water, while under the influence of intoxicating liquor,
narcotics, or other habit-forming drug, or to operate an
aircraft in the air or on the ground or water, in a careless
manner so as to endanger the life or property of another. In
any proceeding charging careless or reckless operation of
aircraft in violation of this section, the court in determining
whether the operation was careless or reckless may consider
the standards for safe operation of aircraft prescribed by
federal statutes or regulations governing aeronautics. [1947
c 165 § 22; Rem. Supp. 1947 § 10964-102. Formerly RCW
14.04.220.]
47.68.230 Aircraft, airman, and airwoman certificates required. It shall be unlawful for any person to
operate or cause or authorize to be operated any civil aircraft
within this state unless such aircraft has an appropriate
effective certificate, permit or license issued by the United
States, if such certificate, permit or license is required by the
United States, and a current registration certificate issued by
the secretary of transportation, if registration of the aircraft
with the department of transportation is required by this
chapter. It shall be unlawful for any person to engage in
aeronautics as an airman or airwoman in the state unless the
person has an appropriate effective airman or airwoman
certificate, permit, rating or license issued by the United
States authorizing him or her to engage in the particular
class of aeronautics in which he or she is engaged, if such
certificate, permit, rating or license is required by the United
States and a current airman’s or airwoman’s registration
certificate issued by the department of transportation as
required by RCW 47.68.233 or 47.68.234.
Where a certificate, permit, rating or license is required
for an airman or airwoman by the United States or by RCW
47.68.233 or 47.68.234, it shall be kept in his or her personal possession when he or she is operating within the state.
Where a certificate, permit or license is required by the United States or by this chapter for an aircraft, it shall be carried
in the aircraft at all times while the aircraft is operating in
the state and shall be conspicuously posted in the aircraft
where it may be readily seen by passengers or inspectors.
(2002 Ed.)
47.68.210
Such certificates shall be presented for inspection upon the
demand of any peace officer, or any other officer of the state
or of a municipality or member, official or employee of the
department of transportation authorized pursuant to this
chapter to enforce the aeronautics laws, or any official,
manager or person in charge of any airport, or upon the
reasonable request of any person. [1993 c 208 § 5; 1987 c
220 § 1; 1979 c 158 § 205; 1967 ex.s. c 68 § 2; 1967 ex.s.
c 9 § 7; 1949 c 49 § 11; 1947 c 165 § 23; Rem. Supp. 1949
§ 10964-103. Formerly RCW 14.04.230.]
47.68.233 Registration of pilots—Certificates—
Fees—Exemptions—Use of fees. The department shall
require that every pilot who is a resident of this state and
every nonresident pilot who regularly operates any aircraft
in this state be registered with the department. The department shall charge an annual fee not to exceed ten dollars for
each registration. All registration certificates issued under
this section shall be renewed annually during the month of
the registrant’s birthdate.
The registration fee imposed by this section shall be
used by the department for the purpose of (a) search and
rescue of lost and downed aircraft and airmen under the
direction and supervision of the secretary, (b) safety and
education, and (c) volunteer recognition and support.
Registration shall be effected by filing with the department a certified written statement that contains the information reasonably required by the department. The department
shall issue certificates of registration and in connection
therewith shall prescribe requirements for the possession and
exhibition of the certificates.
The provisions of this section do not apply to:
(1) A pilot who operates an aircraft exclusively in the
service of any government or any political subdivision
thereof, including the government of the United States, any
state, territory, or possession of the United States, or the District of Columbia;
(2) A pilot registered under the laws of a foreign
country;
(3) A pilot engaged exclusively in commercial flying
constituting an act of interstate or foreign commerce;
(4) A person piloting an aircraft equipped with fully
functioning dual controls when a licensed instructor is in full
charge of one set of the controls and the flight is solely for
instruction or for the demonstration of the aircraft to a bona
fide prospective purchaser.
Failure to register as provided in this section is a
violation of RCW 47.68.230 and subjects the offender to the
penalties incident thereto. [2000 c 176 § 1; 1987 c 220 § 2;
1984 c 7 § 355; 1983 c 3 § 143; 1967 c 207 § 2. Formerly
RCW 14.04.233.]
Severability—1987 c 220: See note following RCW 47.68.230.
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.234 Registration of airman and airwoman.
The department shall require that every airman or airwoman
that is not registered under RCW 47.68.233 and who is a
resident of this state, or every nonresident airman or
airwoman who is regularly performing duties as an airman
or airwoman within this state, be registered with the department. The department shall charge an annual fee not to
[Title 47 RCW—page 231]
47.68.234
Title 47 RCW: Public Highways and Transportation
exceed ten dollars for each registration. A registration certificate issued under this section is to be renewed annually
during the month of the registrant’s birthdate.
The department shall use the registration fee imposed
under this section for the purposes of: (1) Search and rescue
of lost and downed aircraft and airmen or airwomen under
the direction and supervision of the secretary; and (2) safety
and education.
Registration is affected [effected] by filing with the
department a certified written statement that contains the
information reasonably required by the department. The
department shall issue certificates of registration and, in connection with the certificates, shall provide requirements for
the possession and exhibition of the certificates.
Failure to register as provided in this section is a
violation of RCW 47.68.230 and subjects the offender to the
penalties incident to this section. [1993 c 208 § 3.]
47.68.235 License or certificate suspension—
Noncompliance with support order—Reissuance. The
department shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a support order or
a *residential or visitation order. If the person has continued
to meet all other requirements for reinstatement during the
suspension, reissuance of the license or certificate shall be
automatic upon the department’s receipt of a release issued
by the department of social and health services stating that
the licensee is in compliance with the order. [1997 c 58 §
859.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
47.68.236 Aircraft search and rescue, safety, and
education account. There is hereby created in the transportation fund of the state treasury an account to be known as
the aircraft search and rescue, safety, and education account.
All moneys received by the department under RCW
47.68.233 shall be deposited in such account. [1995 c 170
§ 4; 1991 sp.s. c 13 § 38; 1985 c 57 § 63; 1983 c 3 § 144;
1967 c 207 § 3. Formerly RCW 14.04.236.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
47.68.240 Penalties for violations. Any person
violating any of the provisions of this chapter, or any of the
rules, regulations, or orders issued pursuant thereto, shall be
guilty of a misdemeanor and shall be punished as provided
under chapter 9A.20 RCW, except that any person violating
any of the provisions of RCW 47.68.220, 47.68.230, or
47.68.255 shall be guilty of a gross misdemeanor which shall
[Title 47 RCW—page 232]
be punished as provided under chapter 9A.20 RCW. In
addition to, or in lieu of, the penalties provided in this
section, or as a condition to the suspension of a sentence
which may be imposed pursuant thereto, for violations of
RCW 47.68.220 and 47.68.230, the court in its discretion
may prohibit the violator from operating an aircraft within
the state for such period as it may determine but not to
exceed one year. Violation of the duly imposed prohibition
of the court may be treated as a separate offense under this
section or as a contempt of court. [2000 c 229 § 2; 1999 c
277 § 5; 1993 c 238 § 3; 1987 c 202 § 216; 1983 c 3 § 145;
1947 c 165 § 24; Rem. Supp. 1947 § 10964-104. Formerly
RCW 14.04.240.]
Effective date—2000 c 229: See note following RCW 46.16.010.
Intent—1987 c 202: See note following RCW 2.04.190.
47.68.250 Registration of aircraft. Every aircraft
shall be registered with the department for each calendar
year in which the aircraft is operated or is based within this
state. A fee of eight dollars shall be charged for each such
registration and each annual renewal thereof.
Possession of the appropriate effective federal certificate, permit, rating, or license relating to ownership and
airworthiness of the aircraft, and payment of the excise tax
imposed by Title 82 RCW for the privilege of using the
aircraft within this state during the year for which the
registration is sought, and payment of the registration fee
required by this section shall be the only requisites for
registration of an aircraft under this section.
The registration fee imposed by this section shall be
payable to and collected by the secretary. The fee for any
calendar year must be paid during the month of January, and
shall be collected by the secretary at the time of the collection by him or her of the said excise tax. If the secretary
is satisfied that the requirements for registration of the
aircraft have been met, he or she shall thereupon issue to the
owner of the aircraft a certificate of registration therefor.
The secretary shall pay to the state treasurer the registration
fees collected under this section, which registration fees shall
be credited to the aeronautics account in the transportation
fund.
It shall not be necessary for the registrant to provide the
secretary with originals or copies of federal certificates,
permits, ratings, or licenses. The secretary shall issue
certificates of registration, or such other evidences of
registration or payment of fees as he or she may deem proper; and in connection therewith may prescribe requirements
for the possession and exhibition of such certificates or other
evidences.
The provisions of this section shall not apply to:
(1) An aircraft owned by and used exclusively in the
service of any government or any political subdivision
thereof, including the government of the United States, any
state, territory, or possession of the United States, or the District of Columbia, which is not engaged in carrying persons
or property for commercial purposes;
(2) An aircraft registered under the laws of a foreign
country;
(3) An aircraft which is owned by a nonresident and
registered in another state: PROVIDED, That if said aircraft
shall remain in and/or be based in this state for a period of
(2002 Ed.)
Aeronautics
ninety days or longer it shall not be exempt under this
section;
(4) An aircraft engaged principally in commercial flying
constituting an act of interstate or foreign commerce;
(5) An aircraft owned by the commercial manufacturer
thereof while being operated for test or experimental
purposes, or for the purpose of training crews for purchasers
of the aircraft;
(6) An aircraft being held for sale, exchange, delivery,
test, or demonstration purposes solely as stock in trade of an
aircraft dealer licensed under Title 14 RCW;
(7) An aircraft based within the state that is in an
unairworthy condition, is not operated within the registration
period, and has obtained a written exemption issued by the
secretary.
The secretary shall be notified within one week of any
change in ownership of a registered aircraft. The notification shall contain the N, NC, NR, NL, or NX number of the
aircraft, the full name and address of the former owner, and
the full name and address of the new owner. For failure to
so notify the secretary, the registration of that aircraft may
be canceled by the secretary, subject to reinstatement upon
application and payment of a reinstatement fee of ten dollars
by the new owner.
A municipality or port district that owns, operates, or
leases an airport, as defined in RCW 47.68.020, with the
intent to operate, shall require from an aircraft owner proof
of aircraft registration or proof of intent to register an
aircraft as a condition of leasing or selling tiedown or hangar
space for an aircraft. The airport shall inform the lessee or
purchaser of the tiedown or hangar space of the state law
requiring registration and direct the person to comply with
the state law if the person has not already done so. The
airport may lease or sell tiedown or hangar space to owners
of nonregistered aircraft after presenting them with the
appropriate state registration forms. It is then the responsibility of the lessee or purchaser to register the aircraft. The
airport shall report to the department’s aviation division at
the end of each month, the names, addresses, and "N"
numbers of those aircraft owners not yet registered. [1999
c 302 § 2; 1998 c 188 § 1; 1995 c 170 § 3; 1993 c 208 § 7;
1987 c 220 § 3; 1979 c 158 § 206; 1967 ex.s. c 9 § 8; 1955
c 150 § 11; 1949 c 49 § 12; 1947 c 165 § 25; Rem. Supp.
1949 § 10964-105. Formerly RCW 14.04.250.]
Severability—1987 c 220: See note following RCW 47.68.230.
Aircraft dealers: Chapter 14.20 RCW.
Definition of terms: RCW 14.20.010, 47.68.020.
47.68.255 Evasive registration. A person who is
required to register an aircraft under this chapter and who
registers an aircraft in another state or foreign country
evading the Washington aircraft excise tax is guilty of a
gross misdemeanor. For a second or subsequent offense, the
person convicted is also subject to a fine equal to four times
the amount of avoided taxes and fees, no part of which may
be suspended or deferred. Excise taxes owed and fines assessed will be deposited in the manner provided under RCW
46.16.010(2). [2000 c 229 § 3; 1999 c 277 § 6; 1996 c 184
§ 3; 1993 c 238 § 2.]
Effective date—2000 c 229: See note following RCW 46.16.010.
Effective date—1996 c 184: See note following RCW 46.16.010.
(2002 Ed.)
47.68.250
47.68.280 Investigations, hearings, etc.—
Subpoenas—Compelling attendance. The department or
any officer or employee of the department designated by it
has the power to hold investigations, inquiries, and hearings
concerning matters covered by this chapter including
accidents in aeronautics within this state. Hearings shall be
open to the public and, except as hereinafter provided, shall
be held upon such call or notice as the department deems
advisable. The department and every officer or employee of
the department designated by it to hold any inquiry, investigation, or hearing has the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, and
order the attendance of witnesses and the production of
papers, books and documents. In case of the failure of a
person to comply with a subpoena or order issued under the
authority of this section, the department or its authorized
representatives may invoke the aid of a competent court of
general jurisdiction. The court may thereupon order the
person to comply with the requirements of the subpoena or
order or to give evidence touching the matter in question.
Failure to obey the order of the court may be punished by
the court as a contempt thereof. [1984 c 7 § 356; 1947 c
165 § 28; Rem. Supp. 1947 § 10964-108. Formerly RCW
14.04.280.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.290 Joint hearings—Cooperation. The
department may confer with or hold joint hearings with any
agency of the United States in connection with any matter
arising under this chapter or relating to the development of
aeronautics.
The department may avail itself of the cooperation,
services, records, and facilities of the agencies of the United
States as fully as may be practicable in the administration
and enforcement of this chapter, and shall furnish to the
agencies of the United States such services, records, and
facilities as are practicable.
The department shall report to the appropriate agency of
the United States all accidents in aeronautics in this state of
which it is informed, and shall in so far as is practicable
preserve, protect, and prevent the removal of the component
parts of any aircraft involved in an accident being investigated by it until the federal agency institutes an investigation.
[1984 c 7 § 357; 1947 c 165 § 29; Rem. Supp. 1947 §
10964-109. Formerly RCW 14.04.290.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.300 State and municipal agencies to cooperate. In carrying out this chapter the department may use the
facilities and services of other agencies of the state and of
the municipalities of the state to the utmost extent possible,
and the agencies and municipalities are authorized and
directed to make available their facilities and services.
[1984 c 7 § 358; 1947 c 165 § 30; Rem. Supp. 1947 §
10964-110. Formerly RCW 14.04.300.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.310 Enforcement of aeronautics laws. It is the
duty of the secretary, the department, the officers and
employees of the department, and every state and municipal
officer charged with the enforcement of state and municipal
[Title 47 RCW—page 233]
47.68.310
Title 47 RCW: Public Highways and Transportation
laws to enforce and assist in the enforcement of this chapter
and of all other laws of this state relating to aeronautics.
The secretary and those officers or employees of the department designated by the secretary in writing are granted
police powers solely for the enforcement of state aeronautics
laws and the rules having the effect of law. [1984 c 7 §
359; 1955 c 204 § 1; 1947 c 165 § 31; Rem. Supp. 1947 §
10964-111. Formerly RCW 14.04.310.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.320 Service of orders—Hearings—Review.
Every order of the department requiring performance of
certain acts or compliance with certain requirements and any
denial or revocation of an approval, certificate, or license
shall set forth the reasons and shall state the acts to be done
or requirements to be met before approval by the department
will be given or the approval, license, or certificate granted
or restored, or the order modified or changed. Orders issued
by the department under this chapter shall be served upon
the persons affected either by certified mail or in person. In
every case where notice and opportunity for a hearing are
required under this chapter, the order of the department shall,
on not less than ten days notice, specify a time when and
place where the person affected may be heard, or the time
within which the person may request a hearing, and the
order shall become effective upon the expiration of the time
for exercising the opportunity for a hearing, unless a hearing
is held or requested within the time provided, in which case
the order shall be suspended until the department affirms,
disaffirms, or modifies the order after a hearing has been
held or default by the person has been affected. To the
extent practicable, hearings on the orders shall be in the
county where the affected person resides or does business.
Any person aggrieved by an order of the department or by
the grant, denial, or revocation of an approval, license, or
certificate may have the action of the department reviewed
by the courts of this state under chapter 34.05 RCW. [1984
c 7 § 360; 1947 c 165 § 32; Rem. Supp. 1947 § 10964-112.
Formerly RCW 14.04.320.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.330 Exchange of data, reports of violations,
etc. The department is authorized to report to the appropriate federal agencies and agencies of other states all proceedings instituted charging violation of RCW 47.68.220 and
47.68.230 and all penalties, of which it has knowledge,
imposed upon airmen or the owners or operators of aircraft
for violations of the law of this state relating to aeronautics
or for violations of the rules, regulations, or orders of the
department. The department is authorized to receive reports
of penalties and other data from agencies of the federal
government and other states and, when necessary, to enter
into agreements with federal agencies and the agencies of
other states governing the delivery, receipt, exchange, and
use of reports and data. The department may make the
reports and data of the federal agencies, the agencies of
other states, and the courts of this state available, with or
without request therefor, to any and all courts of this state.
[1983 c 3 § 146; 1947 c 165 § 33; Rem. Supp. 1947 §
10964-113. Formerly RCW 14.04.330.]
[Title 47 RCW—page 234]
47.68.340 Hazardous structures and obstacles—
Marking—Hearing to determine hazard. A structure or
obstacle that obstructs the air space above ground or water
level, when determined by the department after a hearing to
be a hazard or potential hazard to the safe flight of aircraft,
shall be plainly marked, illuminated, painted, lighted, or
designated in a manner to be approved in accordance with
the general rules of the department so that the structure or
obstacle will be clearly visible to airmen. In determining
which structures or obstacles constitute a safety hazard, or a
hazard to flight, the department shall take into account those
obstacles located at a river, lake, or canyon crossing, and in
other low-altitude flight paths usually traveled by aircraft including, but not limited to, airport areas and runway departure and approach areas as defined by federal air regulations.
[1995 c 153 § 2; 1984 c 7 § 361; 1961 c 263 § 2. Formerly
RCW 14.04.340.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.350 Hazardous structures and obstacles—
Reporting location—Subpoenas. The secretary may
require owners, operators, lessees, or others having the
control or management of structures or obstacles over one
hundred fifty feet above ground or water level and that are
or may become a hazard to air flight to report the location
of the existing or proposed structures or obstacles to the
department. For that purpose the secretary may issue
subpoenas and subpoenas duces tecum returnable within
twenty days to the department. If a person refuses to obey
the secretary’s subpoena, the department may certify to the
superior court all facts of the refusal. The court shall
summarily hear evidence on the refusal, and, if the evidence
warrants, punish the person refusing in the same manner and
to the same extent as a contempt committed before the court.
[1984 c 7 § 362; 1961 c 263 § 3. Formerly RCW
14.04.350.]
Severability—1984 c 7: See note following RCW 47.01.141.
47.68.360 Hazardous structures and obstacles—
Exemption of structures required by federal law to be
marked. RCW 47.68.340 and 47.68.350 shall not apply to
structures required to be marked by federal regulations.
[1983 c 3 § 147; 1961 c 263 § 4. Formerly RCW
14.04.360.]
47.68.380 Search and rescue. The aviation division
is responsible for the conduct and management of all aerial
search and rescue within the state. This includes search and
rescue efforts involving aircraft and airships. The division
is also responsible for search and rescue activities involving
electronic emergency signaling devices such as emergency
locater transmitters (ELT’s) and emergency position indicating radio beacons (EPIRB’s). [1995 c 153 § 1.]
47.68.900 Severability—1947 c 165. If any provision
of this act or the application thereof to any person or
circumstance shall be held invalid, such invalidity shall not
affect the provisions or application of this act which can be
given effect without the invalid provisions or application,
and to this end the provisions of this act are declared to be
severable. [1947 c 165 § 35. Formerly RCW 14.04.900.]
(2002 Ed.)
Navigation Canals
Chapter 47.72
NAVIGATION CANALS
(Formerly: Chapter 91.12 RCW, Canal commission)
Sections
47.72.010
47.72.050
47.72.060
Declaration of purpose.
Powers and duties.
"Canal" defined.
47.72.010 Declaration of purpose. The purposes of
this chapter are to aid commerce and navigation, including
the development of recreational facilities related thereto, and
to otherwise promote the general welfare by the development
of navigation canals within the boundaries of the state of
Washington. [1965 ex.s. c 123 § 1. Formerly RCW
91.12.010.]
47.72.050 Powers and duties. In its capacity as
successor to the canal commission, the department of
transportation may:
(1) Adopt rules and regulations necessary to carry out
the purposes of this chapter.
(2) Make such investigations, surveys, and studies it
deems necessary to determine the feasibility of the development of a navigation canal, or systems of navigation canals
within the state of Washington.
(3) Construct, maintain, and/or operate any navigation
canal, or navigation canal systems deemed feasible by the
department of transportation.
(4) Acquire by gift, purchase, or condemnation from any
person, municipal, public, or private corporation, or the state
of Washington, or lease from the United States of America,
any lands, rights of way, easements, or property rights in,
over, or across lands or waters necessary for the construction, operation, or maintenance of any navigation canal, or
navigation canal system. The acquisition of such rights is
for a public use. The exercise of the right of eminent
domain shall be in the manner provided by chapter 8.04
RCW, and all actions initiated thereunder shall be brought in
the name of the department of transportation.
(5) Hold public hearings. Prior to a determination of
feasibility for any proposed project, the department shall
hold a public hearing so that members of the public may
present their views thereon.
(6) Accept and expend moneys appropriated by the
legislature or received from any public or private source,
including the federal government, in carrying out the purposes of this chapter.
(7) Negotiate and cooperate with the United States of
America for the purpose of inducing the United States to
undertake the construction, operation, or maintenance of any
navigation canal, or navigation canal system provided for in
this chapter.
(8) As a local sponsor cooperate, contract, and otherwise
fully participate on behalf of the state of Washington with
the United States of America, in any study relating to a
determination of feasibility of a navigation canal or navigation canal system, and in any project relating to the construction, operation, or maintenance of a navigation canal, or
navigation canal system to be undertaken by the United
States of America.
(2002 Ed.)
Chapter 47.72
The authority granted herein includes, but is not limited
to, contributing such moneys to the United States of America
as may be required and appropriated for that purpose by the
legislature and furnishing without cost to the United States
of America all lands, easements, and rights of way, performing all necessary alterations to utilities arising from any
project, and holding the United States of America free from
any claims for damages arising out of the construction of
any project. [1977 ex.s. c 151 § 75; 1965 ex.s. c 123 § 5.
Formerly RCW 91.12.050.]
47.72.060 "Canal" defined. For the purposes of this
chapter, "canal" is defined as any waterway for navigation
created by construction of reservoirs or construction of
channels by excavation in dry ground, in streams, rivers or
in tidal waters and any existing waterway incorporated into
such a canal and including any appurtenant features necessary for operation and maintenance of the canal. [1965 ex.s.
c 123 § 6. Formerly RCW 91.12.060.]
Chapter 47.74
MULTISTATE HIGHWAY
TRANSPORTATION AGREEMENT
Sections
47.74.010
47.74.020
Multistate Highway Transportation Agreement enacted,
terms.
Appointment of delegates to represent state.
47.74.010 Multistate Highway Transportation
Agreement enacted, terms. The Multistate Highway
Transportation Agreement is hereby enacted into law and
entered into with all other jurisdictions legally joining therein
as follows:
MULTISTATE HIGHWAY
TRANSPORTATION AGREEMENT
Pursuant to and in conformity with the laws of their
respective jurisdictions, the participating jurisdictions, acting
by and through their officials lawfully authorized to execute
this agreement, do mutually agree as follows:
ARTICLE I
Findings and Purposes
SECTION 1. Findings. The participating jurisdictions
find that:
(a) The expanding regional economy depends on
expanding transportation capacity;
(b) Highway transportation is the major mode for
movement of people and goods in the western states;
(c) Uniform application in the West of more adequate
vehicle size and weight standards will result in a reduction
of pollution, congestion, fuel consumption, and related
transportation costs, which are necessary to permit increased
productivity;
(d) A number of western states, already having adopted
substantially the 1964 Bureau of Public Roads recommended
vehicle size and weight standards, still find current federal
limits more restrictive;
(e) The 1974 revision of federal law (23 U.S.C. 127)
did not contain any substantial improvements for vehicle size
[Title 47 RCW—page 235]
47.74.010
Title 47 RCW: Public Highways and Transportation
and weight standards in the western states and deprives
states of interstate matching money if vehicle weights and
widths are increased, even though the interstate system is
nearly ninety-two percent complete; and
(f) The participating jurisdictions are most capable of
developing vehicle size and weight standards most appropriate for the regional economy and transportation requirements, consistent with and in recognition of principles of
highway safety.
SECTION 2. Purposes. The purposes of this agreement
are to:
(a) Adhere to the principle that each participating
jurisdiction should have the freedom to develop vehicle size
and weight standards that it determines to be most appropriate to its economy and highway system;
(b) Establish a system authorizing the operation of
vehicles traveling between two or more participating jurisdictions at more adequate size and weight standards;
(c) Promote uniformity among participating jurisdictions
in vehicle size and weight standards on the basis of the
objectives set forth in this agreement;
(d) Secure uniformity insofar as possible, of administrative procedures in the enforcement of recommended vehicle
size and weight standards;
(e) Provide means for the encouragement and utilization
of research which will facilitate the achievement of the
foregoing purposes, with due regard for the findings set forth
in section 1 of this article.
ARTICLE II
Definitions
SECTION 1. As used in this agreement:
(a) "Designated representative" means a legislator or
other person authorized to represent the jurisdiction;
(b) "Jurisdiction" means a state of the United States or
the District of Columbia;
(c) "Vehicle" means any vehicle as defined by statute to
be subject to size and weight standards which operates in
two or more participating jurisdictions.
ARTICLE III
General Provisions
SECTION 1. Qualifications for Membership. Participation in this agreement is open to jurisdictions which subscribe to the findings, purposes, and objectives of this
agreement and will seek legislation necessary to accomplish
these objectives.
SECTION 2. Cooperation. The participating jurisdictions, working through their designated representatives, shall
cooperate and assist each other in achieving the desired goals
of this agreement pursuant to appropriate statutory authority.
SECTION 3. Effect of Headings. Article and section
headings contained herein shall not be deemed to govern,
limit, modify, or in any manner affect the scope, meaning,
or intent of the provisions of any article or section hereof.
SECTION 4. Vehicle Laws and Regulations. This
agreement shall not authorize the operation of a vehicle in
any participating jurisdiction contrary to the laws or regulations thereof.
SECTION 5. Interpretation. The final decision regarding interpretation of questions at issue relating to this
agreement shall be reached by unanimous joint action of the
[Title 47 RCW—page 236]
participating jurisdictions, acting through the designated representatives. Results of all such actions shall be placed in
writing.
SECTION 6. Amendment. This agreement may be
amended by unanimous joint action of the participating
jurisdictions, acting through the officials thereof authorized
to enter into this agreement, subject to the requirements of
section 4, article III. Any amendment shall be placed in
writing and become a part hereof.
SECTION 7. Restrictions, Conditions, or Limitations.
Any jurisdiction entering this agreement shall provide each
other participating jurisdiction with a list of any restriction,
condition, or limitation on the general terms of this agreement, if any.
SECTION 8. Additional Jurisdictions. Additional
jurisdictions may become members of this agreement by
signing and accepting the terms of the agreement.
ARTICLE IV
Cooperating Committee
SECTION 1. Pursuant to section 2, article III, the
designated representatives of the participating jurisdictions
shall constitute a committee which shall have the power to:
(a) Collect, correlate, analyze, and evaluate information
resulting or derivable from research and testing activities in
relation to vehicle size and weight related matters;
(b) Recommend and encourage the undertaking of
research and testing in any aspect of vehicle size and weight
or related matter when, in their collective judgment, appropriate or sufficient research or testing has not been undertaken;
(c) Recommend changes in law or policy with emphasis
on compatibility of laws and uniformity of administrative
rules or regulations which would promote effective governmental action or coordination in the field of vehicle size
and weight related matters.
SECTION 2. Each participating jurisdiction shall be
entitled to one vote only. No action of the committee shall
be binding unless a majority of the total number of votes
cast by participating jurisdictions are in favor thereof.
SECTION 3. The committee shall meet at least once
annually and shall elect, from among its members, a chairman, a vice-chairman, and a secretary.
SECTION 4. The committee shall submit annually to
the legislature of each participating jurisdiction, no later than
November 1st, a report setting forth the work of the committee during the preceding year and including recommendations developed by the committee. The committee may
submit such additional reports as it deems appropriate or
desirable. Copies of all such reports shall be made available
to the Transportation Committee of the Western Conference,
Council of State Governments, and to the Western Association of State Highway and Transportation Officials.
ARTICLE V
Objectives of the Participating Jurisdictions
SECTION 1. Objectives. The participating jurisdictions
hereby declare that:
(a) It is the objective of the participating jurisdictions to
obtain more efficient and more economical transportation by
motor vehicles between and among the participating jurisdictions by encouraging the adoption of standards that will, as
(2002 Ed.)
Multistate Highway Transportation Agreement
minimums, allow the operation on all state highways, except
those determined through engineering evaluation to be
inadequate, with a single-axle weight of 20,000 pounds, a
tandem-axle weight of 34,000 pounds, and a gross vehicle or
combination weight of that resulting from application of the
formula:
W=
500 ((LN/N - 1) + 12N + 36)
where W =
maximum weight in pounds carried on
any group of two or computed to nearest
500 pounds.
L=
distance in feet between the extremes of
any group of two or more consecutive
axles.
N=
number of axles in group under consideration.
(b) It is the further objective of the participating
jurisdictions that in the event the operation of a vehicle or
combination of vehicles according to the provisions of
subsection (a) of this section would result in withholding or
forfeiture of federal-aid funds pursuant to section 127, title
23, U.S. Code, the operation of such vehicle or combination
of vehicles at axle and gross weights within the limits set
forth in subsection (a) of this section will be authorized
under special permit authority by each participating jurisdiction which could legally issue such permits prior to July 1,
1956, provided all regulations and procedures related to such
issuance in effect as of July 1, 1956, are adhered to.
(c) The objectives of subsections (a) and (b) of this
section relate to vehicles or combinations of vehicles in
regular operation, and the authority of any participating
jurisdiction to issue special permits for the movement of any
vehicle or combinations of vehicles having dimensions
and/or weights in excess of the maximum statutory limits in
each participating jurisdiction will not be affected.
(d) It is the further objective of the participating
jurisdictions to facilitate and expedite the operation of any
vehicle or combination of vehicles between and among the
participating jurisdictions under the provisions of subsection
(a) or (b) of this section, and to that end the participating
jurisdictions hereby agree, through their designated representatives, to meet and cooperate in the consideration of vehicle
size and weight related matters including, but not limited to,
the development of: uniform enforcement procedures;
additional vehicle size and weight standards; operational
standards; agreements or compacts to facilitate regional
application and administration of vehicle size and weight
standards; uniform permit procedures; uniform application
forms; rules and regulations for the operation of vehicles,
including equipment requirements, driver qualifications, and
operating practices; and such other matters as may be
pertinent.
(e) In recognition of the limited prospects of federal
revision of section 127, title 23, U.S. Code, and in order to
protect participating jurisdictions against any possibility of
withholding or forfeiture of federal-aid highway funds, it is
the further objective of the participating jurisdictions to
secure congressional approval of this agreement and,
specifically of the vehicle size and weight standards set forth
in subsection (a) of this section.
(f) In recognition of desire for a degree of national
uniformity of size and weight regulations, it is the further
objective to encourage development of broad, uniform size
(2002 Ed.)
47.74.010
and weight standards on a national basis, and further that
procedures adopted under this agreement be compatible with
national standards.
ARTICLE VI
Entry Into Force and Withdrawal
SECTION 1. This agreement shall enter into force
when enacted into law by any two or more jurisdictions.
Thereafter, this agreement shall become effective as to any
other jurisdiction upon its enactment thereof, except as otherwise provided in section 8, article III.
SECTION 2. Any participating jurisdiction may
withdraw from this agreement by canceling the same, but no
such withdrawal shall take effect until thirty days after the
designated representative of the withdrawing jurisdiction has
given notice in writing of the withdrawal to all other
participating jurisdictions.
ARTICLE VII
Construction and Severability
SECTION 1. This agreement shall be liberally construed so as to effectuate the purposes thereof.
SECTION 2. The provisions of this agreement shall be
severable and if any phrase, clause, sentence, or provision of
this agreement is declared to be contrary to the constitution
of any participating jurisdiction or the applicability thereto
to any government, agency, person, or circumstance is held
invalid, the validity of the remainder of this agreement shall
not be affected thereby. If this agreement shall be held
contrary to the constitution of any jurisdiction participating
herein, the agreement shall remain in full force and effect as
to the jurisdictions affected as to all severable matters.
ARTICLE VIII
Filing of Documents
SECTION 1. A copy of this agreement, its amendments, and rules or regulations promulgated thereunder and
interpretations thereof shall be filed in the highway department in each participating jurisdiction and shall be made
available for review by interested parties.
ARTICLE IX
Existing Statutes Not Repealed
SECTION 1. All existing statutes prescribing weight
and size standards and all existing statutes relating to special
permits shall continue to be of force and effect until amended or repealed by law.
ARTICLE X
State Government Departments
Authorized to Cooperate with Cooperating Committee
SECTION 1. Within appropriations available therefor,
the departments, agencies, and officers of the government of
this state shall cooperate with and assist the cooperating
committee within the scope contemplated by article IV,
section 1 (a) and (b) of the agreement. The departments,
agencies, and officers of the government of this state are
authorized generally to cooperate with said cooperating
committee. [1983 c 82 § 1.]
47.74.020 Appointment of delegates to represent
state. The chairman of the legislative transportation com[Title 47 RCW—page 237]
47.74.020
Title 47 RCW: Public Highways and Transportation
mittee shall appoint a delegate and such alternates as may be
appropriate to represent the state on the cooperating committee established by the Multistate Highway Transportation
Agreement. [1983 c 82 § 2.]
Chapter 47.76
RAIL FREIGHT SERVICE
Sections
47.76.200
47.76.210
47.76.220
47.76.230
47.76.240
47.76.250
47.76.270
47.76.280
47.76.290
47.76.300
47.76.310
47.76.320
47.76.330
47.76.340
47.76.350
freight rail program that supports the freight rail service
objectives identified in the state’s multimodal transportation
plan required under chapter 47.06 RCW. The support may
be in the form of projects and strategies that support branch
lines and light-density lines, provide access to ports, maintain adequate mainline capacity, and preserve or restore rail
corridors and infrastructure. [1995 c 380 § 2; 1990 c 43 §
2. Formerly RCW 47.76.110.]
Construction—Severability—Headings—1990 c 43: See notes
following RCW 81.100.010.
Legislative findings.
State freight rail program.
State rail plan—Contents.
Freight rail planning.
Rail preservation program.
Essential rail assistance account—Purposes.
Essential rail banking account merged into essential rail
assistance account.
Sale or lease for use as rail service—Time limit.
Sale or lease for other use—Authorized buyers, notice,
terms, deed, deposit of moneys.
Sale for other use—Governmental entity.
Rent or lease of lands.
Sale at public auction.
Eminent domain exemptions.
Evaluating program performance.
Monitoring federal rail policies.
47.76.200 Legislative findings. The legislature finds
that a balanced multimodal transportation system is required
to maintain the state’s commitment to the growing mobility
needs of its citizens and commerce. The state’s freight rail
system, including branch lines, mainlines, rail corridors,
terminals, yards, and equipment, is an important element of
this multimodal system. Washington’s economy relies
heavily upon the freight rail system to ensure movement of
the state’s agricultural, chemical, and natural resources and
manufactured products to local, national, and international
markets and thereby contributes to the economic vitality of
the state.
Since 1970, Washington has lost over one-third of its
rail miles to abandonment and bankruptcies. The combination of rail abandonments and rail system capacity constraints may alter the delivery to market of many commodities. In addition, the resultant motor vehicle freight traffic
increases the burden on state highways and county roads. In
many cases, the cost of maintaining and upgrading the state
highways and county roads exceeds the cost of maintaining
rail freight service. Thus, the economy of the state will be
best served by a policy of maintaining and encouraging a
healthy rail freight system by creating mechanisms that keep
rail freight lines operating if the benefits of the service
outweigh the cost.
Recognizing the implications of this trend for freight
mobility and the state’s economic future, the legislature finds
that better freight rail planning, better cooperation to preserve rail lines, and increased financial assistance from the
state are necessary to maintain and improve the freight rail
system within the state. [1995 c 380 § 1; 1993 c 224 § 1;
1983 c 303 § 4. Formerly RCW 47.76.010.]
Severability—1983 c 303: See RCW 36.60.905.
47.76.210 State freight rail program. The Washington state department of transportation shall implement a state
[Title 47 RCW—page 238]
47.76.220 State rail plan—Contents. (1) The
department of transportation shall prepare and periodically
update a state rail plan, the objective of which is to identify,
evaluate, and encourage essential rail services. The plan
shall:
(a) Identify and evaluate mainline capacity issues;
(b) Identify and evaluate port-to-rail access and congestion issues;
(c) Identify and evaluate those rail freight lines that may
be abandoned or have recently been abandoned;
(d) Quantify the costs and benefits of maintaining rail
service on those lines that are likely to be abandoned;
(e) Establish priorities for determining which rail lines
should receive state support. The priorities should include
the anticipated benefits to the state and local economy, the
anticipated cost of road and highway improvements necessitated by the abandonment or capacity constraints of the
rail line, the likelihood the rail line receiving funding can
meet operating costs from freight charges, surcharges on rail
traffic, and other funds authorized to be raised by a county
or port district, and the impact of abandonment or capacity
constraints on changes in energy utilization and air pollution;
(f) Identify and describe the state’s rail system;
(g) Prepare a state freight rail system map;
(h) Identify and evaluate rail commodity flows and
traffic types;
(i) Identify lines and corridors that have been rail
banked or preserved; and
(j) Identify and evaluate other issues affecting the state’s
rail traffic.
(2) The state rail plan may be prepared in conjunction
with the rail plan prepared by the department pursuant to the
federal Railroad Revitalization and Regulatory Reform Act.
[1995 c 380 § 3; 1993 c 224 § 2; 1985 c 432 § 1; 1983 c
303 § 5. Formerly RCW 47.76.020.]
Severability—1983 c 303: See RCW 36.60.905.
47.76.230 Freight rail planning. (1) The department
of transportation shall continue its responsibility for the
development and implementation of the state rail plan and
programs, and the utilities and transportation commission
shall continue its responsibility for intrastate rates, service,
and safety issues.
(2) The department of transportation shall maintain an
enhanced data file on the rail system. Proprietary annual
station traffic data from each railroad and the modal use of
major shippers shall be obtained to the extent that such
information is available.
(3) The department of transportation shall provide
technical assistance, upon request, to state agencies and local
(2002 Ed.)
Rail Freight Service
interests. Technical assistance includes, but is not limited to,
the following:
(a) Rail project cost-benefit analyses conducted in
accordance with methodologies recommended by the Federal
Railroad Administration;
(b) Assistance in the formation of county rail districts
and port districts; and
(c) Feasibility studies for rail service continuation and/or
rail service assistance.
(4) With funding authorized by the legislature, the
department of transportation, in collaboration with the
department of community, trade, and economic development,
and local economic development agencies, and other interested public and private organizations, shall develop a cooperative process to conduct community and business information
programs and to regularly disseminate information on rail
matters. [1995 c 380 § 4; 1990 c 43 § 3. Formerly RCW
47.76.120.]
Construction—Severability—Headings—1990 c 43: See notes
following RCW 81.100.010.
47.76.240 Rail preservation program. The state,
counties, local communities, ports, railroads, labor, and
shippers all benefit from continuation of rail service and
should participate in its preservation. Lines that provide
benefits to the state and local jurisdictions, such as avoided
roadway costs, reduced traffic congestion, economic development potential, environmental protection, and safety, should
be assisted through the joint efforts of the state, local
jurisdictions, and the private sector.
State funding for rail service, rail preservation, and
corridor preservation projects must benefit the state’s
interests. The state’s interest is served by reducing public
roadway maintenance and repair costs, increasing economic
development opportunities, increasing domestic and international trade, preserving jobs, and enhancing safety. State
funding for projects is contingent upon appropriate local
jurisdiction and private sector participation and cooperation.
Before spending state moneys on projects the department
shall seek federal, local, and private funding and participation to the greatest extent possible.
(1) The department of transportation shall continue to
monitor the status of the state’s mainline and branchline
common carrier railroads and preserved rail corridors
through the state rail plan and various analyses, and shall
seek alternatives to abandonment prior to interstate commerce commission proceedings, where feasible.
(2) The utilities and transportation commission shall
intervene in interstate commerce commission proceedings on
abandonments, when necessary, to protect the state’s interest.
(3) The department of transportation, in consultation
with the Washington state freight rail policy advisory
committee, shall establish criteria for evaluating rail projects
and corridors of significance to the state.
(4) Local jurisdictions may implement rail service
preservation projects in the absence of state participation.
(5) The department of transportation shall continue to
monitor projects for which it provides assistance. [1995 c
380 § 5; 1993 c 224 § 3; 1990 c 43 § 4. Formerly RCW
47.76.130.]
Construction—Severability—Headings—1990 c 43: See notes
following RCW 81.100.010.
(2002 Ed.)
47.76.230
47.76.250 Essential rail assistance account—
Purposes. (1) The essential rail assistance account is
created in the state treasury. Moneys in the account may be
appropriated only for the purposes specified in this section.
(2) Moneys appropriated from the account to the
department of transportation may be used by the department
or distributed by the department to cities, county rail
districts, counties, economic development councils, and port
districts for the purpose of:
(a) Acquiring, rebuilding, rehabilitating, or improving
rail lines;
(b) Purchasing or rehabilitating railroad equipment
necessary to maintain essential rail service;
(c) Constructing railroad improvements to mitigate port
access or mainline congestion;
(d) Construction of loading facilities to increase business
on light density lines or to mitigate the impacts of abandonment;
(e) Preservation, including operation, of light density
lines, as identified by the Washington state department of
transportation, in compliance with this chapter; or
(f) Preserving rail corridors for future rail purposes by
purchase of rights of way. The department shall first pursue
transportation enhancement program funds, available under
the federal surface transportation program, to the greatest
extent practicable to preserve rail corridors. Purchase of
rights of way may include track, bridges, and associated
elements, and must meet the following criteria:
(i) The right of way has been identified and evaluated
in the state rail plan prepared under this chapter;
(ii) The right of way may be or has been abandoned;
and
(iii) The right of way has potential for future rail
service.
(3) The department or the participating local jurisdiction
is responsible for maintaining any right of way acquired
under this chapter, including provisions for drainage management, fire and weed control, and liability associated with
ownership.
(4) Nothing in this section impairs the reversionary
rights of abutting landowners, if any, without just compensation.
(5) The department, cities, county rail districts, counties,
and port districts may grant franchises to private railroads for
the right to operate on lines acquired under this chapter.
(6) The department, cities, county rail districts, counties,
and port districts may grant trackage rights over rail lines
acquired under this chapter.
(7) If rail lines or rail rights of way are used by county
rail districts, port districts, state agencies, or other public
agencies for the purposes of rail operations and are later
abandoned, the rail lines or rail rights of way cannot be used
for any other purposes without the consent of the underlying
fee title holder or reversionary rights holder, or until compensation has been made to the underlying fee title holder or
reversionary rights holder.
(8) The department of transportation shall develop
criteria for prioritizing freight rail projects that meet the
minimum eligibility requirements for state assistance under
RCW 47.76.240. The department shall develop criteria in
consultation with the Washington state freight rail policy
advisory committee. Project criteria should consider the
[Title 47 RCW—page 239]
47.76.250
Title 47 RCW: Public Highways and Transportation
level of local financial commitment to the project as well as
cost/benefit ratio. Counties, local communities, railroads,
shippers, and others who benefit from the project should
participate financially to the greatest extent practicable.
(9) Moneys received by the department from franchise
fees, trackage rights fees, and loan payments shall be
redeposited in the essential rail assistance account. Repayment of loans made under this section shall occur within a
period not longer than fifteen years, as set by the department. The repayment schedule and rate of interest, if any,
shall be determined before the distribution of the moneys.
(10) The state shall maintain a contingent interest in any
equipment, property, rail line, or facility that has outstanding
grants or loans. The owner may not use the line as collateral, remove track, bridges, or associated elements for salvage,
or use it in any other manner subordinating the state’s
interest without permission from the department.
(11) Moneys distributed under this chapter should be
provided as loans wherever practicable. Except as provided
by section 3, chapter 73, Laws of 1996, for improvements on
or to privately owned railroads, railroad property, or other
private property, moneys distributed shall be provided solely
as loans. [1996 c 73 § 2; 1995 c 380 § 6; 1993 c 224 § 4;
1991 sp.s. c 13 § 22; 1991 c 363 § 125; 1990 c 43 § 11.
Prior: 1985 c 432 § 2; 1985 c 57 § 64; 1983 c 303 § 6.
Formerly RCW 47.76.030.]
Effective date—1996 c 73: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 13, 1996]." [1996 c 73 § 4.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Construction—Severability—Headings—1990 c 43: See notes
following RCW 81.100.010.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1983 c 303: See RCW 36.60.905.
County rail districts: Chapter 36.60 RCW.
Port districts, acquisition and operation of facilities: RCW 53.08.020.
47.76.270 Essential rail banking account merged
into essential rail assistance account. The essential rail
banking account is merged into the essential rail assistance
account created under RCW 47.76.250. Any appropriations
made to the essential rail banking account are transferred to
the essential rail assistance account, and are subject to the
restrictions of that account. [1995 c 380 § 7; 1993 c 224 §
6; 1991 sp.s. c 13 § 120; 1991 c 363 § 127; 1990 c 43 § 7.
Formerly RCW 47.76.160.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Construction—Severability—Headings—1990 c 43: See notes
following RCW 81.100.010.
47.76.280 Sale or lease for use as rail service—Time
limit. The department may sell or lease property acquired
under this chapter to a county rail district established under
chapter 36.60 RCW, a county, a port district, or any other
public or private entity authorized to operate rail service.
[Title 47 RCW—page 240]
Any public or private entity that originally donated funds to
the department under this chapter shall receive credit against
the purchase price for the amount donated to the department,
less management costs, in the event such public or private
entity purchases the property from the department.
If no county rail district, county, port district, or other
public or private entity authorized to operate rail service
purchases or leases the property within six years after its
acquisition by the department, the department may sell or
lease such property in the manner provided in RCW
47.76.290. Failing this, the department may sell or convey
all such property in the manner provided in RCW 47.76.300
or 47.76.320. [1995 c 380 § 8; 1993 c 224 § 7; 1991 sp.s.
c 15 § 61; 1991 c 363 § 126; 1985 c 432 § 3. Formerly
RCW 47.76.040.]
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
47.76.290 Sale or lease for other use—Authorized
buyers, notice, terms, deed, deposit of moneys. (1) If real
property acquired by the department under this chapter is not
sold to a public or private entity authorized to operate rail
service within six years of its acquisition by the department,
the department may sell or lease the property at fair market
value to any of the following governmental entities or
persons:
(a) Any other state agency;
(b) The city or county in which the property is situated;
(c) Any other municipal corporation;
(d) The former owner, heir, or successor of the property
from whom the property was acquired;
(e) Any abutting private owner or owners.
(2) Notice of intention to sell under this section shall be
given by publication in one or more newspapers of general
circulation in the area in which the property is situated not
less than thirty days prior to the intended date of sale.
(3) Sales to purchasers may, at the department’s option,
be for cash or by real estate contract.
(4) Conveyances made under this section shall be by
deed executed by the secretary of transportation and shall be
duly acknowledged.
(5) All moneys received under this section shall be
deposited in the essential rail banking account of the general
fund. [1993 c 224 § 8; 1991 sp.s. c 15 § 62; 1985 c 432 §
4. Formerly RCW 47.76.050.]
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
47.76.300 Sale for other use—Governmental entity.
If real property acquired by the department under this
chapter is not sold to a public or private entity authorized to
operate rail service within six years of its acquisition by the
department, the department may transfer and convey the
property to the United States, its agencies or instrumentalities, to any other state agency, or to any county or city or
port district of this state when, in the judgment of the secretary, the transfer and conveyance is consistent with the
public interest. Whenever the secretary makes an agreement
for any such transfer or conveyance, the secretary shall
execute and deliver to the grantee a deed of conveyance,
(2002 Ed.)
Rail Freight Service
easement, or other instrument, duly acknowledged, as
necessary to fulfill the terms of the agreement. All moneys
paid to the state of Washington under this section shall be
deposited in the essential rail banking account of the general
fund. [1993 c 224 § 9; 1991 sp.s. c 15 § 63; 1985 c 432 §
5. Formerly RCW 47.76.060.]
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
47.76.310 Rent or lease of lands. The department is
authorized subject to the provisions and requirements of
zoning ordinances of political subdivisions of government, to
rent or lease any lands acquired under this chapter, upon
such terms and conditions as the department determines.
[1993 c 224 § 10; 1991 sp.s. c 15 § 64; 1985 c 432 § 6.
Formerly RCW 47.76.070.]
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
47.76.320 Sale at public auction. (1) If real property
acquired by the department under this chapter is not sold,
conveyed, or leased to a public or private entity within six
years of its acquisition by the department, the department
may, in its discretion, sell the property at public auction in
accordance with subsections (2) through (5) of this section.
(2) The department shall first give notice of the sale by
publication on the same day of the week for two consecutive
weeks, with the first publication at least two weeks before
the date of the auction, in a legal newspaper of general
circulation in the area where the property to be sold is
located. The notice shall be placed in both the legal notices
section and the real estate classified section of the newspaper. The notice shall contain a description of the property,
the time and place of the auction, and the terms of the sale.
The sale may be for cash or by real estate contract.
(3) In accordance with the terms set forth in the notice,
the department shall sell the property at the public auction to
the highest and best bidder if the bid is equal to or higher
than the appraised fair market value of the property.
(4) If no bids are received at the auction or if all bids
are rejected, the department may, in its discretion, enter into
negotiations for the sale of the property or may list the
property with a licensed real estate broker. No property may
be sold by negotiations or through a broker for less than the
property’s appraised fair market value. Any offer to purchase real property under this subsection shall be in writing
and may be rejected at any time before written acceptance
by the department.
(5) Conveyances made under this section shall be by
deed executed by the secretary of transportation and shall be
duly acknowledged.
(6) All moneys received under this section shall be
deposited in the essential rail banking account of the general
fund. [1993 c 224 § 11; 1991 sp.s. c 15 § 65; 1985 c 432
§ 7. Formerly RCW 47.76.080.]
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
47.76.330 Eminent domain exemptions. Transfers of
ownership of property acquired under this chapter are
exempt from chapters 8.25 and 8.26 RCW. [1993 c 224 §
(2002 Ed.)
47.76.300
12; 1991 sp.s. c 15 § 66; 1985 c 432 § 8. Formerly RCW
47.76.090.]
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
47.76.340 Evaluating program performance. The
department shall evaluate the state freight rail program
performance at the end of six years (in 1996) with respect to
past and current conditions and future needs. The results of
this evaluation shall be presented to the legislative transportation committee. [1993 c 224 § 13; 1990 c 43 § 8.
Formerly RCW 47.76.170.]
Construction—Severability—Headings—1990 c 43: See notes
following RCW 81.100.010.
47.76.350 Monitoring federal rail policies. The
department of transportation shall continue to monitor federal
rail policies and congressional action and communicate to
Washington’s congressional delegation and federal transportation agencies the need for a balanced transportation system
and associated funding. [1990 c 43 § 10. Formerly RCW
47.76.190.]
Construction—Severability—Headings—1990 c 43: See notes
following RCW 81.100.010.
Chapter 47.78
HIGH CAPACITY
TRANSPORTATION DEVELOPMENT
(Formerly: Rail service development)
Sections
47.78.010
High capacity transportation account.
47.78.010 High capacity transportation account.
There is hereby established in the state treasury the high
capacity transportation account. Money in the account shall
be used, after appropriation, for local high capacity transportation purposes including rail freight, activities associated
with freight mobility, and commute trip reduction activities.
[1997 c 457 § 513; (1995 2nd sp.s. c 14 § 528 expired June
30, 1997); 1991 sp.s. c 13 §§ 66, 121; 1990 c 43 § 47; 1987
c 428 § 1.]
Severability—1997 c 457: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 457 § 701.]
Effective date—1997 c 457: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 20, 1997]." [1997 c 457 § 702.]
Expiration date—1995 2nd sp.s. c 14 §§ 511-523, 528-533: See
note following RCW 43.105.017.
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Construction—Severability—Headings—1990 c 43: See notes
following RCW 81.100.010.
Effective date—1987 c 428: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
[Title 47 RCW—page 241]
47.78.010
Title 47 RCW: Public Highways and Transportation
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 428 § 4.]
Chapter 47.79
HIGH-SPEED GROUND TRANSPORTATION
Sections
47.79.010
47.79.020
47.79.030
47.79.040
47.79.050
47.79.060
47.79.070
47.79.110
47.79.120
47.79.130
47.79.140
47.79.150
47.79.900
Legislative declaration.
Program established—Goals.
Project priority—Funding sources.
Rail passenger plan.
Facility acquisition and management.
Gifts.
Adjacent real property.
King Street station—Findings.
King Street station—Acquisition.
King Street station—Department’s powers and duties.
King Street station—Leases and contracts for multimodal
terminal.
King Street railroad station facility account.
Effective date—1993 c 381.
47.79.010 Legislative declaration. The legislature
recognizes that major intercity transportation corridors in this
state are becoming increasingly congested. In these corridors, population is expected to grow by nearly forty percent
over the next twenty years, while employment will grow by
nearly fifty percent. The estimated seventy-five percent
increase in intercity travel demand must be accommodated
to ensure state economic vitality and protect the state’s
quality of life.
The legislature finds that high-speed ground transportation offers a safer, more efficient, and environmentally
responsible alternative to increasing highway capacity.
High-speed ground transportation can complement and
enhance existing air transportation systems. High-speed
ground transportation can be compatible with growth
management plans in counties and cities served by such a
system. Further, high-speed ground transportation offers a
reliable, all-weather service capable of significant energy
savings over other intercity modes. [1993 c 381 § 1.]
47.79.020 Program established—Goals. The
legislature finds that there is substantial public benefit to
establishing a high-speed ground transportation program in
this state. The program shall implement the recommendations of the high-speed ground transportation steering
committee report dated October 15, 1992. The program
shall be administered by the department of transportation in
close cooperation with the utilities and transportation
commission and affected cities and counties.
The high-speed ground transportation program shall
have the following goals:
(1) Implement high-speed ground transportation service
offering top speeds over 150 m.p.h. between Everett and
Portland, Oregon by 2020. This would be accomplished by
meeting the intermediate objectives of a maximum travel
time between downtown Portland and downtown Seattle of
two hours and thirty minutes by the year 2000 and maximum
travel time of two hours by the year 2010;
(2) Implement high-speed ground transportation service
offering top speeds over 150 m.p.h. between Everett and
Vancouver, B.C. by 2025;
[Title 47 RCW—page 242]
(3) Implement high-speed ground transportation service
offering top speeds over 150 m.p.h. between Seattle and
Spokane by 2030.
The department of transportation shall, subject to
legislative appropriation, implement such projects as necessary to achieve these goals in accordance with the implementation plans identified in RCW 47.79.030 and 47.79.040.
[1993 c 381 § 2.]
47.79.030 Project priority—Funding sources. The
legislature finds it important to develop public support and
awareness of the benefits of high-speed ground transportation
by developing high-quality intercity passenger rail service as
a first step. This high-quality intercity passenger rail service
shall be developed through incremental upgrading of the
existing service. The department of transportation shall, subject to legislative appropriation, develop a prioritized list of
projects to improve existing passenger rail service and begin
new passenger rail service, to include but not be limited to:
(1) Improvement of depots;
(2) Improved grade crossing protection or grade crossing
elimination;
(3) Enhanced train signals to improve rail corridor
capacity and increase train speeds;
(4) Revised track geometry or additional trackage to
improve ride quality and increase train speeds; and
(5) Contract for new or improved service in accordance
with federal requirements to improve service frequency.
Service enhancements and station improvements must be
based on the extent to which local comprehensive plans
contribute to the viability of intercity passenger rail service,
including providing efficient connections with other transportation modes such as transit, intercity bus, and roadway
networks. Before spending state moneys on these projects,
the department of transportation shall seek federal, local, and
private funding participation to the greatest extent possible.
Funding priorities for station improvements must also be
based on the level of local and private in-kind and cash
contributions. [1993 c 381 § 3.]
47.79.040 Rail passenger plan. The legislature
recognizes the need to plan for the high-speed ground
transportation service and the high-quality intercity rail
passenger service set forth in RCW 47.79.020 and 47.79.030.
The department of transportation shall, subject to legislative
appropriation, develop a rail passenger plan through the
conduct of studies addressing, but not limited to, the following areas:
(1) Refined ridership estimates;
(2) Preliminary location and environmental analysis on
new corridors;
(3) Detailed station location assessments in concert with
affected local jurisdictions;
(4) Coordination with the air transportation commission
on statewide air transportation policy and its effects on highspeed ground transportation service; and
(5) Coordination with the governments of Oregon and
British Columbia, when appropriate, on alignment, station
location, and environmental analysis. [1993 c 381 § 4.]
(2002 Ed.)
High-Speed Ground Transportation
47.79.050 Facility acquisition and management.
Subject to appropriation, the department is authorized to
acquire by purchase, lease, condemnation, gift, devise,
bequest, grant, or exchange, title to or any interests or rights
in real property adjacent to or used in association with state
intercity passenger rail service which may include, but are
not limited to, depots, platforms, parking areas, and maintenance facilities. The department is authorized to contract
with a public or private entity for the operation, maintenance, and/or management of these facilities. [1999 c 253
§ 1.]
47.79.060 Gifts. Subject to appropriation, the department is authorized to accept and expend or use gifts, grants,
and donations for the benefit of any depot, platform, parking
area, maintenance facility, or other associated rail facility.
However, such an expenditure shall be for the public benefit
of the state’s intercity passenger rail service. [1999 c 253 §
2.]
47.79.070 Adjacent real property. Subject to
appropriation, the department is authorized to exercise all the
powers and perform all the duties necessary, convenient, or
incidental to the planning, designing, constructing, improving, repairing, operating, and maintaining real property adjacent to or used in association with the state intercity passenger rail service which may include, but are not limited to,
depots, platforms, parking areas, and maintenance facilities,
even if such real property is owned or controlled by another
entity. However, any expenditure of public funds for these
purposes shall be directly related to public benefit of the
state’s intercity passenger rail service. The department shall
enter into a written contract with the affected real property
owners to secure the public’s investment. [1999 c 253 § 3.]
47.79.110 King Street station—Findings. The
legislature finds that a balanced, multimodal transportation
system is an essential element of the state’s infrastructure,
and that effective rail passenger service is an integral part of
a balanced, multimodal transportation system. The legislature further finds that the King Street railroad station is the
key hub for both Puget Sound’s intermodal passenger
transportation system and the state’s rail passenger system.
The legislature recognizes that the redevelopment of the
King Street railroad station depot, along with necessary and
related properties, is critical to its continued functioning as
a transportation hub and finds that innovative funding
arrangements can materially assist in furthering the redevelopment at reduced public expense. [2001 c 62 § 1.]
Effective date—2001 c 62: "Due to the irrevocable expiration of
federal and Amtrak funds critical to the redevelopment of the King Street
railroad station on or before June 30, 2001, sections 1 through 6 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [April 18, 2001]." [2001 c 62 § 7.]
47.79.120 King Street station—Acquisition. The
department may acquire, or contract to acquire, by purchase,
lease, option to lease or purchase, condemnation, gift, devise,
bequest, grant, or exchange of title, the King Street railroad
station depot located in Seattle, or any interests or rights in
it, and other real property and improvements adjacent to, or
(2002 Ed.)
47.79.050
used in association with, the King Street railroad station
depot. The property may include, but not be limited to, the
depot, platforms, parking areas, pedestrian and vehicle access
areas, and maintenance facilities. These properties, in the
aggregate, will be known as the King Street railroad station.
[2001 c 62 § 2.]
Effective date—2001 c 62: See note following RCW 47.79.110.
47.79.130 King Street station—Department’s
powers and duties. During all periods that the department
contracts to own or lease some, or all, of the King Street
railroad station properties, the department may exercise all
the powers and perform all the duties necessary, convenient,
or incidental for planning, designing, constructing, improving, repairing, renovating, restoring, operating, and maintaining the King Street railroad station properties. These powers
also include authority to lease or sell, assign, sublease, or
otherwise transfer all, or portions of, the King Street railroad
station properties for transportation or other public or private
purposes and to contract with other public or private entities
for the operation, administration, maintenance, or improvement of the King Street railroad station properties after the
department takes possession of some, or all, of the properties, as the secretary deems appropriate. If the department
transfers any of its fee ownership interests in the King Street
railroad station properties, proceeds from the transaction
must be placed in an account that supports multimodal
programs, but not into an account restricted by Article II,
section 40 of the state Constitution. [2001 c 62 § 3.]
Effective date—2001 c 62: See note following RCW 47.79.110.
47.79.140 King Street station—Leases and contracts
for multimodal terminal. To facilitate tax exempt financing for the acquisition and improvement of the King Street
railroad station, the department may lease from or contract
with public or private entities for the acquisition, lease,
operation, maintenance, financing, renovation, restoration, or
management of some, or all, of the King Street railroad
station properties as a multimodal terminal that supports the
state intercity passenger rail service. The leases or contracts
are not subject to either chapter 39.94 or 43.82 RCW. The
leases and contracts will expire no later than fifty years from
the time they are executed, and at that time the department
will either receive title or have the right to receive title to
the financed property without additional obligation to
compensate the owner of those properties for the acquisition
of them. The secretary may take all actions necessary,
convenient, or incidental to the financing. [2001 c 62 § 4.]
Effective date—2001 c 62: See note following RCW 47.79.110.
47.79.150 King Street railroad station facility
account. (1) The department may establish the King Street
railroad station facility account as an interest-bearing local
account. Receipts from the sources listed in subsection (2)
of this section must be deposited into the account. Nothing
in this section is a pledge of funds deposited to the account
for repayment of tax exempt financing related to the King
Street railroad station. The department may invest funds
from the account as permitted by law and may enter into
contracts with financial advisors as deemed necessary for
[Title 47 RCW—page 243]
47.79.150
Title 47 RCW: Public Highways and Transportation
that purpose. Only the secretary or the secretary’s designee
may authorize expenditures from the account.
(2) All funds appropriated to the King Street railroad
station facility account by the legislature; all contributions,
payments, grants, gifts, and donations to the account from
other public or private entities; all receipts from departmental
transactions involving capital facility sales, transfers,
property leases and rents, incomes, and parking fees associated with the King Street railroad station; as well as all
investment income associated with the account must be
deposited into the King Street railroad station facility
account for purposes specified in subsection (3) of this
section.
(3) All funds deposited into the King Street railroad
station facility account must be expended by the department
solely to pay the following expenses:
(a) Costs for management of the account;
(b) Purchase and acquisition costs for King Street
railroad station properties;
(c) Payments, including incidental expenses, relating to
the King Street railroad station depot as required by a lease
or contract under RCW 47.79.140;
(d) Maintenance and operating costs for the King Street
railroad station properties; and
(e) Capital improvement projects initiated by the
department associated with, and for the benefit of, the King
Street railroad station depot occurring after the date of the
department’s beneficial occupancy of the renovated King
Street railroad station depot, and for capital improvement
projects initiated at any time by the department for the
benefit of King Street railroad station properties other than
the depot including, but not limited to, improvements to
associated platforms, parking areas, temporary buildings,
maintenance facilities, pedestrian access, and other improvements essential to the operation of the station as a multimodal terminal.
(4) Nothing in this section is intended to restrict the
right of the department from otherwise funding purchase,
acquisition, capital improvement, maintenance, rental,
operational, and other incidental costs relating to the King
Street railroad station from appropriations and resources that
are not designated for deposit in the King Street railroad
station facility account. [2001 c 62 § 5.]
Effective date—2001 c 62: See note following RCW 47.79.110.
47.79.900 Effective date—1993 c 381. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 381 § 5.]
Chapter 47.80
REGIONAL TRANSPORTATION
PLANNING ORGANIZATIONS
Sections
47.80.010
47.80.011
47.80.020
47.80.023
47.80.026
Findings—Declaration.
Legislative intent.
Regional transportation planning organizations authorized.
Organization’s duties.
Comprehensive plans, transportation guidelines, and principles.
[Title 47 RCW—page 244]
47.80.030
47.80.040
47.80.050
47.80.060
47.80.070
47.80.900
47.80.901
47.80.902
47.80.903
47.80.904
Regional transportation plan—Contents, review, use.
Transportation policy boards.
Allocation of regional transportation planning funds.
Executive board membership.
Statewide consistency.
Severability—1990 1st ex.s. c 17.
Part, section headings not law—1990 1st ex.s. c 17.
Captions not part of law—1994 c 158.
Severability—1994 c 158.
Effective date—1994 c 158.
47.80.010 Findings—Declaration. The legislature
finds that while the transportation system in Washington is
owned and operated by numerous public jurisdictions, it
should function as one interconnected and coordinated
system. Transportation planning, at all jurisdictional levels,
should be coordinated with local comprehensive plans.
Further, local jurisdictions and the state should cooperate to
achieve both statewide and local transportation goals. To
facilitate this coordination and cooperation among state and
local jurisdictions, the legislature declares it to be in the
state’s interest to establish a coordinated planning program
for regional transportation systems and facilities throughout
the state. [1990 1st ex.s. c 17 § 53.]
47.80.011 Legislative intent. The legislature recognizes that recent legislative enactments have significantly
added to the complexity of and to the potential for benefits
from integrated transportation and comprehensive planning
and that there is currently a unique opportunity for integration of local comprehensive plans and regional goals with
state and local transportation programs. Further, approaches
to transportation demand management initiatives and local
and state transportation funding can be better coordinated to
insure an efficient, effective transportation system that
insures mobility and accessibility, and addresses community
needs.
The legislature further finds that transportation and land
use share a critical relationship that policy makers can better
utilize to address regional strategies.
Prudent and cost-effective investment by the state and
by local governments in highway facilities, local streets and
arterials, rail facilities, marine facilities, nonmotorized
transportation facilities and systems, public transit systems,
transportation system management, transportation demand
management, and the development of high capacity transit
systems can help to effectively address mobility needs. Such
investment can also enhance local and state objectives for
effective comprehensive planning, economic development
strategies, and clean air policies.
The legislature finds that addressing public initiatives regarding transportation and comprehensive planning necessitates an innovative approach. Improved integration between
transportation and comprehensive planning among public
institutions, particularly in the state’s largest metropolitan
areas is considered by the state to be imperative, and to have
significant benefit to the citizens of Washington. [1994 c
158 § 1.]
47.80.020 Regional transportation planning organizations authorized. The legislature hereby authorizes
creation of regional transportation planning organizations
within the state. Each regional transportation planning
(2002 Ed.)
Regional Transportation Planning Organizations
organization shall be formed through the voluntary association of local governments within a county, or within geographically contiguous counties. Each organization shall:
(1) Encompass at least one complete county;
(2) Have a population of at least one hundred thousand,
or contain a minimum of three counties; and
(3) Have as members all counties within the region, and
at least sixty percent of the cities and towns within the
region representing a minimum of seventy-five percent of the
cities’ and towns’ population.
The state department of transportation must verify that
each regional transportation planning organization conforms
with the requirements of this section.
In urbanized areas, the regional transportation planning
organization is the same as the metropolitan planning
organization designated for federal transportation planning
purposes. [1990 1st ex.s. c 17 § 54.]
47.80.023 Organization’s duties. Each regional
transportation planning organization shall have the following
duties:
(1) Prepare and periodically update a transportation
strategy for the region. The strategy shall address alternative
transportation modes and transportation demand management
measures in regional corridors and shall recommend preferred transportation policies to implement adopted growth
strategies. The strategy shall serve as a guide in preparation
of the regional transportation plan.
(2) Prepare a regional transportation plan as set forth in
RCW 47.80.030 that is consistent with county-wide planning
policies if such have been adopted pursuant to chapter
36.70A RCW, with county, city, and town comprehensive
plans, and state transportation plans.
(3) Certify by December 31, 1996, that the transportation elements of comprehensive plans adopted by counties,
cities, and towns within the region reflect the guidelines and
principles developed pursuant to RCW 47.80.026, are
consistent with the adopted regional transportation plan, and,
where appropriate, conform with the requirements of RCW
36.70A.070.
(4) Where appropriate, certify that county-wide planning
policies adopted under RCW 36.70A.210 and the adopted
regional transportation plan are consistent.
(5) Develop, in cooperation with the department of
transportation, operators of public transportation services and
local governments within the region, a six-year regional
transportation improvement program which proposes regionally significant transportation projects and programs and
transportation demand management measures. The regional
transportation improvement program shall be based on the
programs, projects, and transportation demand management
measures of regional significance as identified by transit
agencies, cities, and counties pursuant to RCW 35.58.2795,
35.77.010, and 36.81.121, respectively. The program shall
include a priority list of projects and programs, project
segments and programs, transportation demand management
measures, and a specific financial plan that demonstrates
how the transportation improvement program can be funded.
The program shall be updated at least every two years for
the ensuing six-year period.
(2002 Ed.)
47.80.020
(6) Designate a lead planning agency to coordinate
preparation of the regional transportation plan and carry out
the other responsibilities of the organization. The lead
planning agency may be a regional organization, a component county, city, or town agency, or the appropriate Washington state department of transportation district office.
(7) Review level of service methodologies used by cities
and counties planning under chapter 36.70A RCW to
promote a consistent regional evaluation of transportation
facilities and corridors.
(8) Work with cities, counties, transit agencies, the
department of transportation, and others to develop level of
service standards or alternative transportation performance
measures. [1998 c 171 § 8; 1994 c 158 § 2.]
47.80.026 Comprehensive plans, transportation
guidelines, and principles. Each regional transportation
planning organization, with cooperation from component
cities, towns, and counties, shall establish guidelines and
principles by July 1, 1995, that provide specific direction for
the development and evaluation of the transportation elements of comprehensive plans, where such plans exist, and
to assure that state, regional, and local goals for the development of transportation systems are met. These guidelines
and principles shall address at a minimum the relationship
between transportation systems and the following factors:
Concentration of economic activity, residential density,
development corridors and urban design that, where appropriate, supports high capacity transit, freight transportation
and port access, development patterns that promote pedestrian and nonmotorized transportation, circulation systems,
access to regional systems, effective and efficient highway
systems, the ability of transportation facilities and programs
to retain existing and attract new jobs and private investment
and to accommodate growth in demand, transportation
demand management, joint and mixed use developments,
present and future railroad right-of-way corridor utilization,
and intermodal connections.
Examples shall be published by the organization to
assist local governments in interpreting and explaining the
requirements of this section. [1994 c 158 § 3.]
47.80.030 Regional transportation plan—Contents,
review, use. (1) Each regional transportation planning
organization shall develop in cooperation with the department of transportation, providers of public transportation and
high capacity transportation, ports, and local governments
within the region, adopt, and periodically update a regional
transportation plan that:
(a) Is based on a least cost planning methodology that
identifies the most cost-effective facilities, services, and
programs;
(b) Identifies existing or planned transportation facilities,
services, and programs, including but not limited to major
roadways including state highways and regional arterials,
transit and nonmotorized services and facilities, multimodal
and intermodal facilities, marine ports and airports, railroads,
and noncapital programs including transportation demand
management that should function as an integrated regional
transportation system, giving emphasis to those facilities,
[Title 47 RCW—page 245]
47.80.030
Title 47 RCW: Public Highways and Transportation
services, and programs that exhibit one or more of the
following characteristics:
(i) Crosses member county lines;
(ii) Is or will be used by a significant number of people
who live or work outside the county in which the facility,
service, or project is located;
(iii) Significant impacts are expected to be felt in more
than one county;
(iv) Potentially adverse impacts of the facility, service,
program, or project can be better avoided or mitigated
through adherence to regional policies;
(v) Transportation needs addressed by a project have
been identified by the regional transportation planning
process and the remedy is deemed to have regional significance; and
(vi) Provides for system continuity;
(c) Establishes level of service standards for state
highways and state ferry routes, with the exception of
transportation facilities of statewide significance as defined
in RCW 47.06.140. These regionally established level of
service standards for state highways and state ferries shall be
developed jointly with the department of transportation, to
encourage consistency across jurisdictions. In establishing
level of service standards for state highways and state
ferries, consideration shall be given for the necessary balance
between providing for the free interjurisdictional movement
of people and goods and the needs of local commuters using
state facilities;
(d) Includes a financial plan demonstrating how the
regional transportation plan can be implemented, indicating
resources from public and private sources that are reasonably
expected to be made available to carry out the plan, and
recommending any innovative financing techniques to
finance needed facilities, services, and programs;
(e) Assesses regional development patterns, capital
investment and other measures necessary to:
(i) Ensure the preservation of the existing regional
transportation system, including requirements for operational
improvements, resurfacing, restoration, and rehabilitation of
existing and future major roadways, as well as operations,
maintenance, modernization, and rehabilitation of existing
and future transit, railroad systems and corridors, and
nonmotorized facilities; and
(ii) Make the most efficient use of existing transportation facilities to relieve vehicular congestion and maximize
the mobility of people and goods;
(f) Sets forth a proposed regional transportation approach, including capital investments, service improvements,
programs, and transportation demand management measures
to guide the development of the integrated, multimodal regional transportation system; and
(g) Where appropriate, sets forth the relationship of high
capacity transportation providers and other public transit
providers with regard to responsibility for, and the coordination between, services and facilities.
(2) The organization shall review the regional transportation plan biennially for currency and forward the adopted
plan along with documentation of the biennial review to the
state department of transportation.
(3) All transportation projects, programs, and transportation demand management measures within the region that
have an impact upon regional facilities or services must be
[Title 47 RCW—page 246]
consistent with the plan and with the adopted regional
growth and transportation strategies. [1998 c 171 § 9; 1994
c 158 § 4; 1990 1st ex.s. c 17 § 55.]
47.80.040 Transportation policy boards. Each
regional transportation planning organization shall create a
transportation policy board. Transportation policy boards
shall provide policy advice to the regional transportation
planning organization and shall allow representatives of
major employers within the region, the department of
transportation, transit districts, port districts, and member
cities, towns, and counties within the region to participate in
policy making. [1990 1st ex.s. c 17 § 56.]
47.80.050 Allocation of regional transportation
planning funds. Biennial appropriations to the department
of transportation to carry out the regional transportation
planning program shall set forth the amounts to be allocated
as follows:
(1) A base amount per county for each county within
each regional transportation planning organization, to be
distributed to the lead planning agency;
(2) An amount to be distributed to each lead planning
agency on a per capita basis; and
(3) An amount to be administered by the department of
transportation as a discretionary grant program for special
regional planning projects, including grants to allow counties
which have significant transportation interests in common
with an adjoining region to also participate in that region’s
planning efforts. [1990 1st ex.s. c 17 § 57.]
47.80.060 Executive board membership. In order to
qualify for state planning funds available to regional transportation planning organizations, the regional transportation
planning organizations containing any county with a population in excess of one million shall provide voting membership on its executive board to the state transportation
commission, the state department of transportation, and the
three largest public port districts within the region as
determined by gross operating revenues. It shall further
assure that at least fifty percent of the county and city local
elected officials who serve on the executive board also serve
on transit agency boards or on a regional transit authority.
[1992 c 101 § 31.]
Section headings not part of law—Severability—Effective date—
1992 c 101: See RCW 81.112.900 through 81.112.902.
47.80.070 Statewide consistency. In order to ensure
statewide consistency in the regional transportation planning
process, the state department of transportation, in
conformance with chapter 34.05 RCW, shall:
(1) In cooperation with regional transportation planning
organizations, establish minimum standards for development
of a regional transportation plan;
(2) Facilitate coordination between regional transportation planning organizations; and
(3) Through the regional transportation planning process,
and through state planning efforts as required by RCW
47.01.071, identify and jointly plan improvements and
strategies within those corridors important to moving people
(2002 Ed.)
Regional Transportation Planning Organizations
and goods on a regional or statewide basis. [1994 c 158 §
5.]
47.80.900 Severability—1990 1st ex.s. c 17. See
RCW 36.70A.900.
47.80.901 Part, section headings not law—1990 1st
ex.s. c 17. See RCW 36.70A.901.
47.80.902 Captions not part of law—1994 c 158.
Captions used in this act do not constitute any part of the
law. [1994 c 158 § 11.]
47.80.903 Severability—1994 c 158. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1994 c 158 § 12.]
47.80.904 Effective date—1994 c 158. This act shall
take effect July 1, 1994. [1994 c 158 § 13.]
Chapter 47.82
AMTRAK
Sections
47.82.010
47.82.020
47.82.030
47.82.040
47.82.900
47.82.020 Depot upgrading. The department shall,
when feasible, assist local jurisdictions in upgrading Amtrak
depots. Multimodal use of these facilities shall be encouraged. [1990 c 43 § 37.]
47.82.030 Service extension. (1) The department, in
conjunction with local jurisdictions, shall coordinate as
appropriate with designated metropolitan and provincial
transportation organizations to pursue resumption of Amtrak
service from Seattle to Vancouver, British Columbia, via
Everett, Mount Vernon, and Bellingham.
(2002 Ed.)
(2) The department, in conjunction with local jurisdictions, shall study potential Amtrak service on the following
routes:
(a) Daytime Spokane-Wenatchee-Everett-Seattle service;
(b) Daytime Spokane-Tri-Cities-Vancouver-Portland
service;
(c) Tri-Cities-Yakima-Ellensburg-Seattle service, if the
Stampede Pass route is reopened; and
(d) More frequent Portland-Vancouver-Kelso-CentraliaOlympia-Tacoma-Seattle service or increments thereof.
[1990 c 43 § 38.]
47.82.040 Coordination with other rail systems and
common carriers. The department, with other state and
local agencies shall coordinate as appropriate with designated
metropolitan planning organizations to provide public
information with respect to common carrier passenger
transportation. This information may include maps, routes,
and schedules of passenger rail service, local transit agencies, air carriers, private ground transportation providers, and
international, state, and local ferry services.
The state shall continue its cooperative relationship with
Amtrak and Canadian passenger rail systems. [1990 c 43 §
39.]
47.82.900 Construction—Severability—Headings—
1990 c 43. See notes following RCW 81.100.010.
Service improvement program.
Depot upgrading.
Service extension.
Coordination with other rail systems and common carriers.
Construction—Severability—Headings—1990 c 43.
47.82.010 Service improvement program. The
department, in conjunction with local jurisdictions, shall
coordinate as appropriate with the designated metropolitan
planning organizations to develop a program for improving
Amtrak passenger rail service. The program may include:
(1) Determination of the appropriate level of Amtrak
passenger rail service;
(2) Implementation of higher train speeds for Amtrak
passenger rail service, where safety considerations permit;
(3) Recognition, in the state’s long-range planning process, of potential higher speed intercity passenger rail
service, while monitoring socioeconomic and technological
conditions as indicators for higher speed systems; and
(4) Identification of existing intercity rail rights of way
which may be used for public transportation corridors in the
future. [1990 c 43 § 36.]
47.80.070
Chapter 47.98
CONSTRUCTION
Sections
47.98.010
47.98.020
47.98.030
47.98.040
47.98.041
47.98.042
47.98.043
47.98.044
47.98.045
47.98.050
47.98.060
47.98.070
47.98.080
47.98.090
Continuation of existing law.
Provisions to be construed in pari materia.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Severability—1963 ex.s. c 3.
Severability—1965 ex.s. c 170.
Severability—1967 ex.s. c 145.
Severability—1967 c 108.
Severability—1969 ex.s. c 281.
Repeals and saving.
Emergency—1961 c 13.
Federal requirements.
Severability—1977 ex.s. c 151.
Liberal construction.
47.98.010 Continuation of existing law. The
provisions of this title insofar as they are substantially the
same as statutory provisions repealed by this chapter, and
relating to the same subject matter, shall be construed as
restatements and continuations, and not as new enactments.
Nothing in this 1961 reenactment of this title shall be
construed as authorizing any new bond issues or new or
additional appropriations of moneys but the bond issue
authorizations herein contained shall be construed only as
continuations of bond issues authorized by prior laws herein
repealed and reenacted, and the appropriations of moneys
herein contained are continued herein for historical purposes
only and this act shall not be construed as a reappropriation
thereof and no appropriation contained herein shall be
deemed to be extended or revived hereby and such appropriation shall lapse or shall have lapsed in accordance with the
[Title 47 RCW—page 247]
47.98.010
Title 47 RCW: Public Highways and Transportation
original enactment: PROVIDED, That this act shall not
operate to terminate, extend, or otherwise affect any appropriation for the biennium commencing July 1, 1959 and
ending June 30, 1961. [1961 c 13 § 47.98.010.]
47.98.020 Provisions to be construed in pari
materia. The provisions of this title shall be construed in
pari materia even though as a matter of prior legislative
history they were not originally enacted in the same statute.
The provisions of this title shall also be construed in pari
materia with the provisions of Title 46 RCW, and with other
laws relating to highways, roads, streets, bridges, ferries and
vehicles. This section shall not operate retroactively. [1961
c 13 § 47.98.020.]
47.98.030 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or
subsection headings, as used in this title do not constitute
any part of the law. [1961 c 13 § 47.98.030.]
47.98.040 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application
to any person or circumstance is held invalid, the remainder
of the title, or the application of the provision to other
persons or circumstances is not affected. [1961 c 13 §
47.98.040.]
47.98.041 Severability—1963 ex.s. c 3. If any
phrase, clause, subsection or section of this act shall be
declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the
legislature would have enacted this act without the phrase,
clause, subsection or section so held unconstitutional or
invalid and the remainder of the act shall not be affected as
a result of said part being held unconstitutional or invalid.
[1963 ex.s. c 3 § 57.]
47.98.042 Severability—1965 ex.s. c 170. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1965 ex.s. c 170 § 70.]
47.98.050
47.98.050.
Repeals and saving. See 1961 c 13 §
47.98.060 Emergency—1961 c 13. This act is
necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing institutions and shall take effect immediately:
PROVIDED, That the effective date of sections *47.16.160,
47.20.110, and 47.20.380 shall be July 1, 1961. [1961 c 13
§ 47.98.060.]
*Reviser’s note: RCW 47.16.160, 47.20.110, and 47.20.380 were
repealed by 1970 ex.s. c 51.
47.98.070 Federal requirements. If any part of this
title or any section of this 1977 amendatory act is ruled to be
in conflict with federal requirements which are a prescribed
condition of the allocation of federal funds to the state, or to
any department or agencies thereof, such conflicting part or
section is declared to be inoperative solely to the extent of
the conflict. No such ruling shall affect the operation of the
remainder of the act. Any internal reorganization carried out
under the terms of this title or any section of this 1977
amendatory act shall meet federal requirements which are a
necessary condition to the receipt of federal funds by the
state. [1977 ex.s. c 151 § 76.]
47.98.080 Severability—1977 ex.s. c 151. If any
provision of this 1977 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1977 ex.s. c 151 § 77.]
47.98.090 Liberal construction. The rule of strict
construction shall have no application to this title, and it
shall be liberally construed in order to carry out the objectives for which it is designed. Any ambiguities arising from
its interpretation should be resolved consistently with the
broad purposes set forth in *RCW 47.01.011. [1977 ex.s. c
151 § 78.]
*Reviser’s note: RCW 47.01.011 was decodified pursuant to 1985
c 6 § 26.
47.98.043 Severability—1967 ex.s. c 145. If any
provision of this 1967 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1967 ex.s. c 145 § 73.]
47.98.044 Severability—1967 c 108. If any provision
of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1967 c 108 § 14.]
47.98.045 Severability—1969 ex.s. c 281. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1969 ex.s. c 281 § 64.]
[Title 47 RCW—page 248]
(2002 Ed.)
Title 48
INSURANCE
Chapters
48.01
48.02
48.03
48.04
48.05
48.06
48.07
48.08
48.09
48.10
48.11
48.12
48.13
48.14
48.15
48.16
48.17
48.18
48.18A
48.19
48.20
48.21
48.21A
48.22
48.23
48.23A
48.24
48.25
48.25A
48.26
48.27
48.28
48.29
48.30
48.30A
48.31
48.31B
48.31C
48.32
48.32A
48.34
48.35
48.36A
48.38
48.41
(2002 Ed.)
Initial provisions.
Insurance commissioner.
Examinations.
Hearings and appeals.
Insurers—General requirements.
Organization of domestic insurers.
Domestic insurers—Powers.
Domestic stock insurers.
Mutual insurers.
Reciprocal insurers.
Insuring powers.
Assets and liabilities.
Investments.
Fees and taxes.
Unauthorized insurers.
Deposits of insurers.
Agents, brokers, solicitors, and adjusters.
The insurance contract.
Variable contract act.
Rates.
Disability insurance.
Group and blanket disability insurance.
Disability insurance—Extended health.
Casualty insurance.
Life insurance and annuities.
Life insurance policy illustrations.
Group life and annuities.
Industrial life insurance.
Life insurance—Profit-sharing, charter,
founders, and coupon policies.
Marine and transportation insurance (Reserved).
Property insurance.
Surety insurance.
Title insurers.
Unfair practices and frauds.
Insurance fraud.
Mergers, rehabilitation, liquidation.
Insurer holding company act.
Holding company act for health care service
contractors and health maintenance organizations.
Washington insurance guaranty association
act.
Washington life and disability insurance
guaranty association act.
Credit life insurance and credit accident and
health insurance.
Alien insurers.
Fraternal benefit societies.
Charitable gift annuity business.
Health insurance coverage access act.
48.42
48.43
48.44
48.45
48.46
48.47
48.48
48.50
48.53
48.56
48.58
48.62
48.66
48.68
48.70
48.74
48.76
48.80
48.84
48.85
48.87
48.88
48.90
48.92
48.94
48.96
48.97
48.98
48.99
48.102
48.104
48.110
48.115
48.120
Personal coverage, general authority.
Insurance reform.
Health care services.
Rural health care.
Health maintenance organizations.
Mandated health benefits.
State fire protection.
Insurance fraud reporting immunity act.
Fire insurance—Arson fraud reduction.
Insurance premium finance company act.
Riot reinsurance reimbursement.
Local government insurance transactions.
Medicare supplemental health insurance act.
Health care savings account act.
Specified Disease Insurance Act.
Standard valuation law.
Standard nonforfeiture law for life insurance.
Health care false claim act.
Long-term care insurance act.
Washington long-term care partnership.
Midwives and birthing centers—Joint underwriting association.
Day care services—Joint underwriting association.
Day care centers—Self-insurance.
Liability risk retention.
Reinsurance Intermediary Act.
Motor vehicle service contracts.
Broker-controlled property and casualty
insurer act.
Managing General Agents Act.
Uniform Insurers Liquidation Act.
Viatical settlements.
Holocaust victims insurance relief act.
Service contracts.
Rental car insurance.
Specialty producer licenses—
Communications equipment or services.
Administrative Procedure Act: Chapter 34.05 RCW.
Agents
exemption from unemployment compensation: RCW 50.04.230.
savings banks as: RCW 32.08.140, 32.08.160.
state banks as: RCW 30.08.140.
Children, expectant mothers, developmentally disabled, fire protection for
agencies providing for, duties of chief of the Washington state patrol:
RCW 74.15.050.
Community renewal: Chapter 35.81 RCW.
Consumer Protection Act: RCW 19.86.170.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Employee benefit plans
payment as discharge: RCW 49.64.030.
when private utility acquired: RCW 54.04.130.
False arrest insurance for city and county law enforcement personnel:
RCW 35.23.460, 36.16.130.
[Title 48 RCW—page 1]
Title 48
Title 48 RCW: Insurance
False fire alarms, crime: RCW 9.40.100.
Federal bonds and notes as investment or collateral: Chapter 39.60 RCW.
Financial responsibility law: Chapter 46.29 RCW.
Fire protection district personnel—Group life insurance: RCW 52.12.031.
Fireworks: Chapter 70.77 RCW.
Funeral service contracts: RCW 18.39.240 through 18.39.360.
General agents, fire, casualty, business and occupation tax: RCW
82.04.280.
Group insurance for public employees
counties: RCW 36.32.400.
fire protection districts: RCW 52.12.031.
irrigation districts: RCW 87.03.160.
port districts: RCW 53.08.170.
public employees generally: Chapter 41.04 RCW.
public utility districts: RCW 54.04.050.
schools and colleges: RCW 28A.400.350, 28B.10.660.
state employees: Chapter 41.04 RCW.
Washington state patrol: RCW 48.24.090.
Insurance proceeds on lost, stolen, or destroyed property, exempt from
execution: RCW 6.15.030.
Liability insurance for officials and employees
cities: RCW 35.21.205.
fire districts: RCW 52.12.071.
irrigation districts: RCW 87.03.162.
port districts: RCW 53.08.205.
public utility districts: RCW 54.16.095.
school districts: RCW 28A.400.360.
towns: RCW 35.21.205.
water-sewer districts: RCW 57.08.105.
Lien of employees for contribution to benefit plans: Chapter 60.76 RCW.
Malpractice insurance for retired physicians providing health care services:
RCW 43.70.460.
Master license system exemption: RCW 19.02.800.
Motor vehicles, financial responsibility: Chapter 46.29 RCW.
Nonadmitted foreign corporations—Powers relative to secured interests:
Chapter 23B.18 RCW.
Officers, employees, etc.
of institutions of higher education and educational boards, insurance to
protect and hold personally harmless: RCW 28B.10.840, 28B.10.844.
of school districts or educational service districts, insurance to protect
and hold personally harmless: RCW 28A.320.060.
Parents—Children
actions by parents for death or injury to child: RCW 4.24.010.
liability of parents for malicious destruction of property by child: RCW
4.24.190.
Pesticide applicators—Surety bond, liability insurance: Chapter 17.21
RCW.
Principal and Income Act of 2002: Chapter 11.104A RCW.
Schools and colleges, employee insurance programs: RCW 28A.400.350,
28B.10.660.
Sureties—Release of, from liability upon bonds: RCW 19.72.109,
19.72.110, 19.72.130.
Taxation
business and occupation tax
fraternal benefit society exemption: RCW 82.04.370.
insurance exemption: RCW 82.04.320.
personal property tax—Insurer liable for where insured premises destroyed by fire: RCW 84.56.220.
Trusts for employee benefits, duration: Chapter 49.64 RCW.
Washington Principal and Income Act: Chapter 11.104 RCW.
Chapter 48.01
INITIAL PROVISIONS
Sections
48.01.010
48.01.020
48.01.030
48.01.035
48.01.040
48.01.050
48.01.053
48.01.060
48.01.070
48.01.080
48.01.090
48.01.100
48.01.110
48.01.120
48.01.130
48.01.140
48.01.150
48.01.160
48.01.170
48.01.180
48.01.190
48.01.220
48.01.230
48.01.235
48.01.250
48.01.260
48.01.270
Short title.
Scope of code.
Public interest.
"Developmental disability" defined.
"Insurance" defined.
"Insurer" defined.
"Issuer" defined.
"Insurance transaction" defined.
"Person" defined.
Penalties.
Severability—1947 c 79.
Existing officers.
Existing licenses.
Existing insurance forms.
Existing actions, violations.
Headings.
Particular provisions prevail.
Repealed acts not revived.
Effective date—1947 c 79.
Adopted children—Insurance coverage.
Immunity from civil liability.
Mental health regional support networks—Limited exemption.
Eligibility for coverage or making payments may not be
contingent on eligibility for medical assistance.
Enrollment of a child under the health plan of the child’s
parent—Requirements—Restrictions.
Assistance or services in exchange for dues, assessments, or
periodic or lump-sum payments—Certificate of authority
required—Certain travel or automobile services excepted—Violations.
Health benefit plans—Carriers—Clarification.
PACE programs—Exemption.
48.01.010 Short title. Title 48 RCW constitutes the
insurance code. [1975 1st ex.s. c 266 § 2; 1947 c 79 §
.01.01; Rem. Supp. 1947 § 45.01.01.]
Severability—1975 1st ex.s. c 266: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 266 § 21.]
48.01.020 Scope of code. All insurance and insurance
transactions in this state, or affecting subjects located wholly
or in part or to be performed within this state, and all
persons having to do therewith are governed by this code.
[1947 c 79 § .01.02; Rem. Supp. 1947 § 45.01.02.]
48.01.030 Public interest. The business of insurance
is one affected by the public interest, requiring that all
persons be actuated by good faith, abstain from deception,
and practice honesty and equity in all insurance matters.
Upon the insurer, the insured, their providers, and their
representatives rests the duty of preserving inviolate the
integrity of insurance. [1995 c 285 § 16; 1947 c 79 §
.01.03; Rem. Supp. 1947 § 45.01.03.]
Effective date—1995 c 285: See RCW 48.30A.900.
48.01.035 "Developmental disability" defined. The
term "developmental disability" as used in this title means a
disability attributable to mental retardation, cerebral palsy,
epilepsy, autism, or another neurological condition closely
related to mental retardation or to require treatment similar
[Title 48 RCW—page 2]
(2002 Ed.)
Initial Provisions
48.01.035
to that required for mentally retarded individuals, which disability originates before such individual attains age eighteen,
which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to such
individual. [1985 c 264 § 1.]
48.01.070 "Person" defined. "Person" means any
individual, company, insurer, association, organization,
reciprocal or interinsurance exchange, partnership, business
trust, or corporation. [1947 c 79 § .01.07; Rem. Supp. 1947
§ 45.01.07.]
48.01.040 "Insurance" defined. Insurance is a
contract whereby one undertakes to indemnify another or pay
a specified amount upon determinable contingencies. [1947
c 79 § .01.04; Rem. Supp. 1947 § 45.01.04.]
48.01.080 Penalties. Violation of any provision of
this code is punishable by a fine of not less than ten dollars
nor more than one thousand dollars, or by imprisonment for
not more than one year, or both fine and imprisonment, in
addition to any other penalty or forfeiture provided herein or
otherwise by law. [1947 c 79 § .01.08; Rem. Supp. 1947 §
45.01.08.]
48.01.050 "Insurer" defined. "Insurer" as used in
this code includes every person engaged in the business of
making contracts of insurance, other than a fraternal benefit
society. A reciprocal or interinsurance exchange is an "insurer" as used in this code. Two or more hospitals, as
defined in *RCW 70.39.020(3), which join and organize as
a mutual corporation pursuant to chapter 24.06 RCW for the
purpose of insuring or self-insuring against liability claims,
including medical liability, through a contributing trust fund
shall not be deemed an "insurer" under this code. Two or
more local governmental entities, as defined in **RCW
48.62.020, which pursuant to **RCW 48.62.040,
**48.62.035, or any other provision of law join together and
organize to form an organization for the purpose of jointly
self-insuring or self-funding shall not be deemed an "insurer"
under this code. Two or more persons engaged in the
business of commercial fishing who enter into an arrangement with other such persons for the pooling of funds to pay
claims or losses arising out of loss or damage to a vessel or
machinery used in the business of commercial fishing and
owned by a member of the pool shall not be deemed an
"insurer" under this code. [1990 c 130 § 1; 1985 c 277 § 9;
1979 ex.s. c 256 § 13; 1975-’76 2nd ex.s. c 13 § 1; 1947 c
79 § .01.05; Rem. Supp. 1947 § 45.01.05.]
Reviser’s note: *(1) RCW 70.39.020 was repealed by 1982 c 223 §
10, effective June 30, 1990.
**(2) RCW 48.62.020, 48.62.040, and 48.62.035 were repealed by
1991 sp.s. c 30 § 33, effective January 1, 1992.
Retrospective application—1985 c 277: "This act applies retrospectively to group self-funded plans formed on or after January 1, 1983."
[1985 c 277 § 10.]
"Domestic," "foreign," "alien" insurers defined: RCW 48.05.010.
Merger, rehabilitation, liquidation situations—"Insurer" defined: RCW
48.31.020, 48.99.010.
"Reciprocal insurance, insurer" defined: RCW 48.10.010, 48.10.020.
48.01.053 "Issuer" defined. "Issuer" as used in this
title and chapter 26.18 RCW means insurer, fraternal benefit
society, certified health plan, health maintenance organization, and health care service contractor. [1995 c 34 § 1.]
48.01.060 "Insurance transaction" defined. "Insurance transaction" includes any:
(1) Solicitation.
(2) Negotiations preliminary to execution.
(3) Execution of an insurance contract.
(4) Transaction of matters subsequent to execution of
the contract and arising out of it.
(5) Insuring. [1947 c 79 § .01.06; Rem. Supp. 1947 §
45.01.06.]
(2002 Ed.)
48.01.090 Severability—1947 c 79. If any provision
of this code or the application thereof to any circumstance is
held invalid, the remainder of the code, or the application of
the provision to other circumstances, is not affected thereby.
[1947 c 79 § .01.09; Rem. Supp. 1947 § 45.01.09.]
48.01.100 Existing officers. Continuation by this
code of any office existing under any act repealed herein
preserves the tenure of the individual holding the office at
the effective date of this code. [1947 c 79 § .01.10; Rem.
Supp. 1947 § 45.01.10.]
48.01.110 Existing licenses. Every license or certificate of authority in force immediately prior to the effective
date of this code and existing under any act herein repealed
is valid until its original expiration date, unless earlier
terminated in accordance with this code. [1947 c 79 §
.01.11; Rem. Supp. 1947 § 45.01.11.]
48.01.120 Existing insurance forms. Every form of
insurance document in use at the effective date of this code
in accordance with the commissioner’s approval pursuant to
any act herein repealed, may continue to be so used unless
the commissioner otherwise prescribes in accordance with
this code. [1947 c 79 § .01.12; Rem. Supp. 1947 §
45.01.12.]
48.01.130 Existing actions, violations. No action or
proceeding commenced, and no violation of law existing,
under any act herein repealed is affected by the repeal, but
all procedure hereafter taken in reference thereto shall
conform to this code as far as possible. [1947 c 79 § .01.13;
Rem. Supp. 1947 § 45.01.13.]
48.01.140 Headings. The meaning or scope of any
provision is not affected by chapter, section, or paragraph
headings. [1947 c 79 § .01.14; Rem. Supp. 1947 §
45.01.14.]
48.01.150 Particular provisions prevail. Provisions
of this code relating to a particular kind of insurance or a
particular type of insurer or to a particular matter prevail
over provisions relating to insurance in general or insurers in
general or to such matter in general. [1947 c 79 § .01.15;
Rem. Supp. 1947 § 45.01.15.]
[Title 48 RCW—page 3]
48.01.160
Title 48 RCW: Insurance
48.01.160 Repealed acts not revived. Repeal by this
code of any act shall not revive any law heretofore repealed
or superseded. [1947 c 79 § .01.16; Rem. Supp. 1947 §
45.01.16.]
48.01.170 Effective date—1947 c 79. This code shall
become effective on the first day of October, 1947. [1947
c 79 § .01.17; Rem. Supp. 1947 § 45.01.17.]
48.01.180 Adopted children—Insurance coverage.
(1) A child of an insured, subscriber, or enrollee shall be
considered a dependent child for insurance purposes under
this title upon assumption by the insured, subscriber, or
enrollee of a legal obligation for total or partial support of a
child in anticipation of adoption of the child. Upon the
termination of such legal obligations, the child shall not be
considered a dependent child for insurance purposes.
(2) Every policy or contract providing coverage for
health benefits to a resident of this state shall provide
coverage for dependent children placed for adoption under
the same terms and conditions as apply to the natural,
dependent children of the insured, subscriber, or enrollee
whether or not the adoption has become final.
(3) No policy or contract may restrict coverage of any
dependent child adopted by, or placed for adoption with, an
insured, subscriber, or enrollee solely on the basis of a
preexisting condition of the child at the time that the child
would otherwise become eligible for coverage under the plan
if the adoption or placement for adoption occurs while the
insured, subscriber, or enrollee is eligible for coverage under
the plan. [1995 c 34 § 4; 1986 c 140 § 1.]
the licensee or association who furnishes information to or
for the commissioner or to or for the association regarding
unauthorized insurers or regarding attempts by any person to
place or actual placement by any person of business with the
insurers, whether in compliance with chapter 48.15 RCW or
not, shall be immune from each and every kind of liability
in any civil action or suit arising in whole or in part from
the information or from the furnishing of the information.
(4) The immunity granted by this section is in addition
to any common law or statutory privilege or immunity
enjoyed by such person, and nothing in this section is
intended to abrogate or modify in any way such common
law or statutory privilege or immunity. [1995 c 10 § 1;
1987 c 51 § 1.]
48.01.220 Mental health regional support networks—Limited exemption. The activities and operations
of mental health regional support networks, to the extent
they pertain to the operation of a medical assistance managed care system in accordance with chapters 71.24 and
74.09 RCW, are exempt from the requirements of this title.
[1993 c 462 § 104.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Effective date, application—1986 c 140: "This act shall take effect
January 1, 1987, and shall apply to all contracts or agreements issued,
renewed, or delivered on or after January 1, 1987." [1986 c 140 § 6.]
Severability—1986 c 140: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 140 § 7.]
48.01.230 Eligibility for coverage or making
payments may not be contingent on eligibility for medical
assistance. An issuer and an employee welfare benefit plan,
whether insured or self funded, as defined in the employee
retirement income security act of 1974, 29 U.S.C. Sec. 1101
et seq. may not consider the availability of eligibility for
medical assistance in this state under medical assistance,
RCW 74.09.500, or any other state under 42 U.S.C. Sec.
1396a, section 1902 of the social security act, in considering
eligibility for coverage or making payments under its plan
for eligible enrollees, subscribers, policyholders, or certificate holders. [1995 c 34 § 2.]
48.01.190 Immunity from civil liability. (1) Any
person who files reports, or furnishes other information,
required under Title 48 RCW, required by the commissioner
under authority granted by Title 48 RCW, useful to the
commissioner in the administration of Title 48 RCW, or
furnished to the National Association of Insurance Commissioners at the request of the commissioner or pursuant to
Title 48 RCW, shall be immune from liability in any civil
action or suit arising from the filing of any such report or
furnishing such information to the commissioner or the
National Association of Insurance Commissioners, unless
actual malice, fraud, or bad faith is shown.
(2) The commissioner and the National Association of
Insurance Commissioners, and the agents and employees of
each, are immune from liability in any civil action or suit
arising from the publication of any report or bulletin or dissemination of information related to the official activities of
the commissioner or the National Association of Insurance
Commissioners, unless actual malice, fraud, or bad faith is
shown.
(3) Any licensee under chapter 48.17 RCW and any
trade association of the licensees under chapter 48.15 RCW,
and any officer, director, employee, agent, or committee of
48.01.235 Enrollment of a child under the health
plan of the child’s parent—Requirements—Restrictions.
(1) An issuer and an employee welfare benefit plan, whether
insured or self funded, as defined in the employee retirement
income security act of 1974, 29 U.S.C. Sec. 1101 et seq.
may not deny enrollment of a child under the health plan of
the child’s parent on the grounds that:
(a) The child was born out of wedlock;
(b) The child is not claimed as a dependent on the
parent’s federal tax return; or
(c) The child does not reside with the parent or in the
issuer’s, or insured or self funded employee welfare benefit
plan’s service area.
(2) Where a child has health coverage through an issuer,
or an insured or self funded employee welfare benefit plan
of a noncustodial parent[,] the issuer, or insured or self
funded employee welfare benefit plan, shall:
(a) Provide such information to the custodial parent as
may be necessary for the child to obtain benefits through
that coverage;
(b) Permit the provider or the custodial parent to submit
claims for covered services without the approval of the
noncustodial parent. If the provider submits the claim, the
[Title 48 RCW—page 4]
(2002 Ed.)
Initial Provisions
provider will obtain the custodial parent’s assignment of
insurance benefits or otherwise secure the custodial parent’s
approval.
For purposes of this subsection the department of social
and health services as the state medicaid agency under RCW
74.09.500 may reassign medical insurance rights to the
provider for custodial parents whose children are eligible for
services under RCW 74.09.500; and
(c) Make payments on claims submitted in accordance
with (b) of this subsection directly to the custodial parent, to
the provider, or to the department of social and health
services as the state medicaid agency under RCW 74.09.500.
(3) Where a child does not reside in the issuer’s service
area, an issuer shall cover no less than urgent and emergent
care. Where the issuer offers broader coverage, whether by
policy or reciprocal agreement, the issuer shall provide such
coverage to any child otherwise covered that does not reside
in the issuer’s service area.
(4) Where a parent is required by a court order to
provide health coverage for a child, and the parent is eligible
for family health coverage, the issuer, or insured or self
funded employee welfare benefit plan, shall:
(a) Permit the parent to enroll, under the family coverage, a child who is otherwise eligible for the coverage
without regard to any enrollment season restrictions;
(b) Enroll the child under family coverage upon application of the child’s other parent, department of social and
health services as the state medicaid agency under RCW
74.09.500, or child support enforcement program as defined
under *RCW 26.18.170, if the parent is enrolled but fails to
make application to obtain coverage for such child; and
(c) Not disenroll, or eliminate coverage of, such child
who is otherwise eligible for the coverage unless the issuer
or insured or self funded employee welfare benefit plan is
provided satisfactory written evidence that:
(i) The court order is no longer in effect; or
(ii) The child is or will be enrolled in comparable health
coverage through another issuer, or insured or self funded
employee welfare benefit plan, which will take effect not
later than the effective date of disenrollment.
(5) An issuer, or insured or self funded employee
welfare benefit plan, that has been assigned the rights of an
individual eligible for medical assistance under medicaid and
coverage for health benefits from the issuer, or insured or
self funded employee welfare benefit plan, may not impose
requirements on the department of social and health services
that are different from requirements applicable to an agent or
assignee of any other individual so covered. [1995 c 34 §
3.]
any accident, sickness, or death insurance benefit program
must:
(a) Have a certificate of authority, issued by the insurance commissioner, authorizing the person, firm, partnership,
corporation, or association to sell that coverage in this state;
or
(b) Purchase the service or insurance from a company
that holds a certificate of authority, issued by the insurance
commissioner, authorizing the company to sell that coverage
in this state. If coverage cannot be procured from an
authorized insurer holding a certificate of authority issued by
the insurance commissioner, insurance may be procured from
an unauthorized insurer subject to chapter 48.15 RCW.
(2) Travel or automobile related products or assistance
including but not limited to community traffic safety service,
travel and touring service, theft or reward service, map
service, towing service, emergency road service, lockout or
lost key service, reimbursement of emergency expenses due
to a vehicle disabling accident, or legal fee reimbursement
service in the defense of traffic offenses shall not be considered to be insurance for the purposes of Title 48 RCW.
(3) Violation of this section is subject to the enforcement provisions of RCW 48.02.080 and to the hearing and
appeal provisions of chapter 48.04 RCW. [1998 c 303 § 1.]
48.01.260 Health benefit plans—Carriers—
Clarification. (1) Except as required in RCW 48.21.045,
48.44.023, and 48.46.066, nothing in this title shall be
construed to require a carrier, as defined in RCW 48.43.005,
to offer any health benefit plan for sale.
(2) Nothing in this title shall prohibit a carrier as
defined in RCW 48.43.005 from ceasing sale of any or all
health benefit plans to new applicants if the closed plans are
closed to all new applicants.
(3) This section is intended to clarify, and not modify,
existing law. [2000 c 79 § 40.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.01.270 PACE programs—Exemption. The
activities and operations of PACE programs, as defined in
RCW 74.09.523 and as authorized under sections 1894,
1905(a), and 1934 of the social security act, when registered,
certified, licensed, or otherwise recognized or designated as
a PACE program by the Washington state department of
social and health services, are exempt from the requirements
of this title. [2001 c 191 § 3.]
Finding—Effective date—2001 c 191: See notes following RCW
74.09.523.
*Reviser’s note: "Child support enforcement program" is not defined
in RCW 26.18.170. See chapter 26.18 RCW for child support enforcement
generally.
48.01.250 Assistance or services in exchange for
dues, assessments, or periodic or lump-sum payments—
Certificate of authority required—Certain travel or
automobile services excepted—Violations. (1) Any person,
firm, partnership, corporation, or association promising, in
exchange for dues, assessments, or periodic or lump-sum
payments, to furnish members or subscribers with assistance
in matters relating to trip cancellation, bail bond service or
(2002 Ed.)
48.01.235
Chapter 48.02
INSURANCE COMMISSIONER
Sections
48.02.010
48.02.020
48.02.030
48.02.050
48.02.060
48.02.065
48.02.080
Insurance commissioner.
Term of office.
Bond.
Seal.
General powers and duties.
Confidentiality of documents, materials, or other information.
Enforcement.
[Title 48 RCW—page 5]
Chapter 48.02
Title 48 RCW: Insurance
48.02.090
48.02.100
48.02.110
48.02.120
48.02.122
Deputies—Employees.
Commissioner may delegate authority.
Office.
Records.
Filings or actions affecting corporate or company name—
Notice to secretary of state.
48.02.130 Certificates—Copies—Evidentiary effect.
48.02.140 Interstate cooperation.
48.02.150 Supplies—"Convention blanks."
48.02.160 Special duties.
48.02.170 Annual report.
48.02.180 Publication of insurance code and related statutes, manuals,
etc.—Distribution—Sale.
48.02.190 Operating costs of office—Insurance commissioner’s regulatory account—Contributions by insurance organizations,
fees.
Commissioner to prepare annuity tables for calculation of reserve fund in
cases of death or permanent disability under workers’ compensation:
RCW 51.44.070.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Salary of insurance commissioner: RCW 43.03.010.
48.02.010 Insurance commissioner. (1) There shall
be an insurance commissioner of this state who shall be
elected at the time and in the manner that other state officers
are elected.
(2) The commissioner in office at the effective date of
this code shall continue in office for the remainder of the
term for which he was elected and until his successor is duly
elected and qualified.
(3) "Commissioner," where used in this code, means the
insurance commissioner of this state. [1947 c 79 § .02.01;
Rem. Supp. 1947 § 45.02.01.]
48.02.020 Term of office. The term of office of the
commissioner shall be four years, commencing on the
Wednesday after the second Monday in January after his
election. [1947 c 79 § .02.02; Rem. Supp. 1947 § 45.02.02.]
48.02.030 Bond. Before entering upon his duties the
commissioner shall execute a bond to the state in the sum of
twenty-five thousand dollars, to be approved by the state
treasurer and the attorney general, conditioned upon the
faithful performance of the duties of his office. [1947 c 79
§ .02.03; Rem. Supp. 1947 § 45.02.03.]
48.02.050 Seal. The official seal of the commissioner
shall be a vignette of George Washington, with the words
"Insurance Commissioner, State of Washington" surrounding
the vignette. [1947 c 79 § .02.05; Rem. Supp. 1947 §
45.02.05.]
48.02.060 General powers and duties. (1) The
commissioner shall have the authority expressly conferred
upon him by or reasonably implied from the provisions of
this code.
(2) The commissioner shall execute his duties and shall
enforce the provisions of this code.
(3) The commissioner may:
(a) Make reasonable rules and regulations for effectuating any provision of this code, except those relating to his
election, qualifications, or compensation. No such rules and
[Title 48 RCW—page 6]
regulations shall be effective prior to their being filed for
public inspection in the commissioner’s office.
(b) Conduct investigations to determine whether any
person has violated any provision of this code.
(c) Conduct examinations, investigations, hearings, in
addition to those specifically provided for, useful and proper
for the efficient administration of any provision of this code.
[1947 c 79 § .02.06; Rem. Supp. 1947 § 45.02.06.]
48.02.065 Confidentiality of documents, materials,
or other information. (1) Documents, materials, or other
information as described in subsection (5) of this section are
confidential by law and privileged, are not subject to public
disclosure under chapter 42.17 RCW, and are not subject to
subpoena directed to the commissioner or any person who
received documents, materials, or other information while
acting under the authority of the commissioner. The
commissioner is authorized to use such documents, materials,
or other information in the furtherance of any regulatory or
legal action brought as a part of the commissioner’s official
duties. The confidentiality and privilege created by this
section and RCW 42.17.31916 applies only to the commissioner, any person acting under the authority of the commissioner, the national association of insurance commissioners
and its affiliates and subsidiaries, regulatory and law
enforcement officials of other states and nations, the federal
government, and international authorities.
(2) Neither the commissioner nor any person who
received documents, materials, or other information while
acting under the authority of the commissioner is permitted
or required to testify in any private civil action concerning
any confidential and privileged documents, materials, or
information subject to subsection (1) of this section.
(3) The commissioner:
(a) May share documents, materials, or other information, including the confidential and privileged documents,
materials, or information subject to subsection (1) of this
section, with (i) the national association of insurance
commissioners and its affiliates and subsidiaries, and (ii)
regulatory and law enforcement officials of other states and
nations, the federal government, and international authorities,
if the recipient agrees to maintain the confidentiality and
privileged status of the document, material, or other information;
(b) May receive documents, materials, or information,
including otherwise either confidential or privileged, or both,
documents, materials, or information, from (i) the national
association of insurance commissioners and its affiliates and
subsidiaries, and (ii) regulatory and law enforcement officials
of other states and nations, the federal government, and
international authorities and shall maintain as confidential
and privileged any document, material, or information
received that is either confidential or privileged, or both,
under the laws of the jurisdiction that is the source of the
document, material, or information; and
(c) May enter into agreements governing the sharing and
use of information consistent with this subsection.
(4) No waiver of an existing privilege or claim of
confidentiality in the documents, materials, or information
may occur as a result of disclosure to the commissioner
(2002 Ed.)
Insurance Commissioner
48.02.065
under this section or as a result of sharing as authorized in
subsection (3) of this section.
(5) Documents, materials, or information, which is
either confidential or privileged, or both, which has been
provided to the commissioner by (a) the national association
of insurance commissioners and its affiliates and subsidiaries, (b) regulatory or law enforcement officials of other
states and nations, the federal government, or international
authorities, or (c) agencies of this state, is confidential and
privileged only if the documents, materials, or information
is protected from disclosure by the applicable laws of the
jurisdiction that is the source of the document, material, or
information. [2001 c 57 § 1.]
(6) The commissioner may require any deputy or
employee to be bonded as he shall deem proper but not to
exceed in amount the sum of twenty-five thousand dollars.
The cost of any such bond shall be borne by the state.
[1949 c 190 § 1; 1947 c 79 § .02.09; Rem. Supp. 1949 §
45.02.09.]
48.02.080 Enforcement. (1) The commissioner may
prosecute an action in any court of competent jurisdiction to
enforce any order made by him pursuant to any provision of
this code.
(2) If the commissioner has cause to believe that any
person has violated any penal provision of this code or of
other laws relating to insurance he shall certify the facts of
the violation to the public prosecutor of the jurisdiction in
which the offense was committed.
(3) If the commissioner has cause to believe that any
person is violating or is about to violate any provision of this
code or any regulation or order of the commissioner, he
may:
(a) issue a cease and desist order; and/or
(b) bring an action in any court of competent jurisdiction to enjoin the person from continuing the violation or
doing any action in furtherance thereof.
(4) The attorney general and the several prosecuting
attorneys throughout the state shall prosecute or defend all
proceedings brought pursuant to the provisions of this code
when requested by the commissioner. [1967 c 150 § 1;
1947 c 79 § .02.08; Rem. Supp. 1947 § 45.02.08.]
48.02.110 Office. The commissioner shall have an
office at the state capital, and may maintain such offices
elsewhere in this state as he may deem necessary. [1947 c
79 § .02.11; Rem. Supp. 1947 § 45.02.11.]
48.02.090 Deputies—Employees. (1) The commissioner may appoint a chief deputy commissioner, who shall
have power to perform any act or duty conferred upon the
commissioner. The chief deputy commissioner shall take
and subscribe the same oath of office as the commissioner,
which oath shall be endorsed upon the certificate of his
appointment and filed in the office of the secretary of state.
(2) The commissioner may appoint additional deputy
commissioners for such purposes as he may designate.
(3) The commissioner shall be responsible for the
official acts of his deputies, and may revoke at will the
appointment of any deputy.
(4) The commissioner may employ examiners, and such
actuarial, technical, and administrative assistants and clerks
as he may need for proper discharge of his duties.
(5) The commissioner, or any deputy or employee of the
commissioner, shall not be interested, directly or indirectly,
in any insurer except as a policyholder; except, that as to
such matters wherein a conflict of interests does not exist on
the part of any such person, the commissioner may employ
insurance actuaries or other technicians who are independently practicing their professions even though such persons are
similarly employed by insurers.
(2002 Ed.)
48.02.100 Commissioner may delegate authority.
Any power or duty vested in the commissioner by any
provision of this code may be exercised or discharged by
any deputy, assistant, examiner, or employee of the commissioner acting in his name and by his authority. [1947 c 79
§ .02.10; Rem. Supp. 1947 § 45.02.10.]
48.02.120 Records. (1) The commissioner shall
preserve in permanent form records of his or her proceedings, hearings, investigations, and examinations, and shall
file such records in his or her office.
(2) The records of the commissioner and insurance
filings in his or her office shall be open to public inspection,
except as otherwise provided by this code.
(3) Actuarial formulas, statistics, and assumptions
submitted in support of a rate or form filing by an insurer,
health care service contractor, or health maintenance organization or submitted to the commissioner upon his or her request shall be withheld from public inspection in order to
preserve trade secrets or prevent unfair competition. [1985
c 264 § 2; 1979 ex.s. c 130 § 1; 1947 c 79 § .02.12; Rem.
Supp. 1947 § 45.02.12.]
48.02.122 Filings or actions affecting corporate or
company name—Notice to secretary of state. Whenever
any documents are filed with the insurance commissioner
which affect a corporate or company name, the insurance
commissioner shall immediately notify the secretary of state
of the filing. If any other action is taken by the insurance
commissioner which affects a corporate or company name,
the insurance commissioner shall immediately notify the
secretary of state of the action. The insurance commissioner
shall cooperate with the secretary of state to ascertain that
there is no duplication of corporate or company names.
[1998 c 23 § 19.]
48.02.130 Certificates—Copies—Evidentiary effect.
(1) Any certificate or license issued by the commissioner
shall bear the seal of his office.
(2) Copies of records or documents in his office
certified to by the commissioner shall be received as
evidence in all courts in the same manner and to the same
effect as if they were the originals.
(3) When required for evidence in court, the commissioner shall furnish his certificate as to the authority of an
insurer or other licensee in this state on any particular date,
and the court shall receive the certificate in lieu of the
commissioner’s testimony. [1947 c 79 § .02.13; Rem. Supp.
1947 § 45.02.13.]
[Title 48 RCW—page 7]
48.02.140
Title 48 RCW: Insurance
48.02.140 Interstate cooperation. (1) The commissioner shall to the extent he deems useful for the proper
discharge of his responsibilities under the provisions of this
code:
(a) Consult and cooperate with the public officials
having supervision over insurance in other states.
(b) Share jointly with other states in the employment of
actuaries, statisticians, and other insurance technicians whose
services or the products thereof are made available and are
useful to the participating states and to the commissioner.
(c) Share jointly with other states in establishing and
maintaining offices and clerical facilities for purposes useful
to the participating states and to the commissioner.
(2) All arrangements made jointly with other states
under items (b) and (c) of subsection (1) of this section shall
be in writing executed on behalf of this state by the commissioner. Any such arrangement, as to participation of this
state therein, shall be subject to termination by the commissioner at any time upon reasonable notice.
(3) For the purposes of this code "National Association
of Insurance Commissioners" means that voluntary organization of the public officials having supervision of insurance
in the respective states, districts, and territories of the United
States, whatever other name such organization may hereafter
adopt, and in the affairs of which each of such public
officials is entitled to participate subject to the constitution
and bylaws of such organization. [1947 c 79 § .02.14; Rem.
Supp. 1947 § 45.02.14.]
48.02.150 Supplies—"Convention blanks." The
commissioner shall purchase at the expense of the state and
in the manner provided by law:
(1) Printing, books, reports, furniture, equipment, and
supplies as he deems necessary to the proper discharge of his
duties under this code.
(2) "Convention form" insurers’ annual statement
blanks, which he may purchase from any printer manufacturing the forms for the various states. [1947 c 79 § .02.15;
Rem. Supp. 1947 § 45.02.15.]
48.02.160 Special duties. The commissioner shall:
(1) Obtain and publish for the use of courts and appraisers throughout the state, tables showing the average expectancy of life and values of annuities and of life and term
estates.
(2) Disseminate information concerning the insurance
laws of this state.
(3) Provide assistance to members of the public in
obtaining information about insurance products and in
resolving complaints involving insurers and other licensees.
[1988 c 248 § 1; 1947 c 79 § .02.16; Rem. Supp. 1947 §
45.02.16.]
48.02.170 Annual report. The commissioner shall, as
soon as accurate preparation enables, prepare a report of his
official transactions during the preceding fiscal year, containing information relative to insurance as the commissioner
deems proper. [1987 c 505 § 53; 1977 c 75 § 69; 1947 c 79
§ .02.17; Rem. Supp. 1947 § 45.02.17.]
[Title 48 RCW—page 8]
48.02.180 Publication of insurance code and related
statutes, manuals, etc.—Distribution—Sale. (1) In
addition to such publications as are otherwise authorized
under this code, the commissioner may from time to time
prepare and publish:
(a) Booklets containing the insurance code, or supplements thereto, and such related statutes as the commissioner
deems suitable and useful for inclusion in an appendix of
such booklet or supplement.
(b) Manuals and other material relative to examinations
for licensing as provided in chapter 48.17 RCW.
(2) The commissioner may furnish copies of the
insurance code, supplements thereto, and related statutes
referred to in (1)(a) of this section free of charge to public
offices and officers in this state concerned therewith, to public officials of other states and jurisdictions having supervision of insurance, to the library of congress, and to officers
of the armed forces of the United States of America located
at military installations in this state who are concerned with
insurance transactions at or involving such military installations.
(3) Except as provided in subsection (2) of this section,
the commissioner shall sell copies of the insurance code,
supplements thereto, examination manuals, and materials as
referred to in subsection (1) of this section, at a reasonable
price, fixed by the commissioner, in amount not less than the
cost of publication, handling, and distribution thereof. The
commissioner shall promptly deposit all funds received by
him pursuant to this subsection with the state treasurer to the
credit of the general fund. For appropriation purposes, such
funds received and deposited by the commissioner shall be
treated as a recovery of a previous expenditure. [1981 c 339
§ 1; 1977 c 75 § 70; 1959 c 225 § 1.]
48.02.190 Operating costs of office—Insurance
commissioner’s regulatory account—Contributions by
insurance organizations, fees. (1) As used in this section:
(a) "Organization" means every insurer, as defined in
RCW 48.01.050, having a certificate of authority to do
business in this state and every health care service contractor
registered to do business in this state. "Class one" organizations shall consist of all insurers as defined in RCW
48.01.050. "Class two" organizations shall consist of all
organizations registered under provisions of chapter 48.44
RCW.
(b) "Receipts" means (i) net direct premiums consisting
of direct gross premiums, as defined in RCW 48.18.170,
paid for insurance written or renewed upon risks or property
resident, situated, or to be performed in this state, less return
premiums and premiums on policies not taken, dividends
paid or credited to policyholders on direct business, and
premiums received from policies or contracts issued in
connection with qualified plans as defined in RCW
48.14.021, and (ii) prepayments to health care service
contractors as set forth in RCW 48.44.010(3) less experience
rating credits, dividends, prepayments returned to subscribers, and payments for contracts not taken.
(2) The annual cost of operating the office of insurance
commissioner shall be determined by legislative appropriation. A pro rata share of the cost shall be charged to all
organizations. Each class of organization shall contribute
(2002 Ed.)
Insurance Commissioner
sufficient in fees to the insurance commissioner’s regulatory
account to pay the reasonable costs, including overhead, of
regulating that class of organization.
(3) Fees charged shall be calculated separately for each
class of organization. The fee charged each organization
shall be that portion of the cost of operating the insurance
commissioner’s office, for that class of organization, for the
ensuing fiscal year that is represented by the organization’s
portion of the receipts collected or received by all organizations within that class on business in this state during the
previous calendar year: PROVIDED, That the fee shall not
exceed one-eighth of one percent of receipts: PROVIDED
FURTHER, That the minimum fee shall be one thousand
dollars.
(4) The commissioner shall annually, on or before June
1, calculate and bill each organization for the amount of its
fee. Fees shall be due and payable no later than June 15 of
each year: PROVIDED, That if the necessary financial
records are not available or if the amount of the legislative
appropriation is not determined in time to carry out such
calculations and bill such fees within the time specified, the
commissioner may use the fee factors for the prior year as
the basis for the fees and, if necessary, the commissioner
may impose supplemental fees to fully and properly charge
the organizations. The penalties for failure to pay fees when
due shall be the same as the penalties for failure to pay taxes
pursuant to RCW 48.14.060. The fees required by this
section are in addition to all other taxes and fees now
imposed or that may be subsequently imposed.
(5) All moneys collected shall be deposited in the
insurance commissioner’s regulatory account in the state
treasury which is hereby created.
(6) Unexpended funds in the insurance commissioner’s
regulatory account at the close of a fiscal year shall be
carried forward in the insurance commissioner’s regulatory
account to the succeeding fiscal year and shall be used to
reduce future fees. During the 2001-2003 fiscal biennium,
the legislature may transfer from the insurance
commissioner’s regulatory account to the state general fund
such amounts as reflect excess fund balance in the account.
[2002 c 371 § 913; 1987 c 505 § 54; 1986 c 296 § 7.]
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
Severability—Effective date—1986 c 296: See notes following
RCW 48.14.020.
Chapter 48.03
EXAMINATIONS
Sections
48.03.010
48.03.020
48.03.025
48.03.030
48.03.040
48.03.050
48.03.060
48.03.065
48.03.070
48.03.075
(2002 Ed.)
Examination of insurers, bureaus.
Examination of agents, managers, promoters.
Examiners—Scope of examination—Examiners’ handbook.
Access to records on examination—Correction of accounts.
Examination reports—Consideration by commissioner—
Orders—Confidentiality.
Reports withheld.
Examination expense.
Appointments by commissioner—Examiners—Exceptions.
Witnesses—Subpoenas—Depositions—Oaths.
Legal protection for commissioner, authorized representatives, and examiners—Good faith—Attorneys’ fees—
Payment by commissioner.
48.02.190
48.03.010 Examination of insurers, bureaus. (1)
The commissioner shall examine the affairs, transactions,
accounts, records, documents, and assets of each authorized
insurer as often as he or she deems advisable. The commissioner shall so examine each insurer holding a certificate of
authority or certificate of registration not less frequently than
every five years. Examination of an alien insurer may be
limited to its insurance transactions in the United States. In
scheduling and determining the nature, scope, and frequency
of an examination, the commissioner shall consider such
matters as the results of financial statement analyses and
ratios, changes in management or ownership, actuarial
opinions, reports of independent certified public accountants,
and other criteria as set forth in the examiner’s handbook
adopted by the National Association of Insurance Commissioners and in effect when the commissioner exercises
discretion under this section.
(2) As often as the commissioner deems advisable and
at least once in five years, the commissioner shall fully
examine each rating organization and examining bureau
licensed in this state. As often as he or she deems it
advisable the commissioner may examine each advisory
organization and each joint underwriting or joint reinsurance
group, association, or organization.
(3) The commissioner shall in like manner examine each
insurer or rating organization applying for authority to do
business in this state.
(4) In lieu of making an examination under this chapter,
the commissioner may accept a full report of the last recent
examination of a nondomestic rating or advisory organization, or joint underwriting or joint reinsurance group,
association or organization, as prepared by the insurance
supervisory official of the state of domicile or of entry. In
lieu of an examination under this chapter of a foreign or
alien insurer licensed in this state, the commissioner may
accept an examination report on the company as prepared by
the insurance department for the company’s state of domicile
or port-of-entry state until January 1, 1994. Thereafter, an
examination report may be accepted only if: (a) That
insurance department was at the time of the examination
accredited under the National Association of Insurance
Commissioners’ financial regulation standards and accreditation program; or (b) the examination was performed either
under the supervision of an accredited insurance department
or with the participation of one or more examiners employed
by an accredited state insurance department who, after a
review of the examination work papers and report, state
under oath that the examination was performed in a manner
consistent with the standards and procedures required by
their insurance department.
(5) The commissioner may elect to accept and rely on
an audit report made by an independent certified public
accountant for the insurer in the course of that part of the
commissioner’s examination covering the same general
subject matter as the audit. The commissioner may incorporate the audit report in his or her report of the examination.
(6) For the purposes of completing an examination of
any company under this chapter, the commissioner may
examine or investigate any managing general agent or any
other person, or the business of any managing general agent
[Title 48 RCW—page 9]
48.03.010
Title 48 RCW: Insurance
or other person, insofar as that examination or investigation
is, in the sole discretion of the commissioner, necessary or
material to the examination of the company. [1993 c 462 §
43; 1982 c 181 § 1; 1979 c 139 § 1; 1947 c 79 § .03.01;
Rem. Supp. 1947 § 45.03.01.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Severability—1982 c 181: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 181 § 28.]
48.03.020 Examination of agents, managers, promoters. For the purpose of ascertaining its condition, or
compliance with this code, the commissioner may as often
as he deems advisable examine the accounts, records,
documents, and transactions of:
(1) Any insurance agent, solicitor, broker or adjuster.
(2) Any person having a contract under which he enjoys
in fact the exclusive or dominant right to manage or control
a stock or mutual insurer.
(3) Any person holding the shares of capital stock or
policyholder proxies of a domestic insurer for the purpose of
control of its management either as voting trustee or otherwise.
(4) Any person engaged in or proposing to be engaged
in or assisting in the promotion or formation of a domestic
insurer, or an insurance holding corporation, or a stock
corporation to finance a domestic mutual insurer or the
production of its business, or a corporation to be attorney in
fact for a domestic reciprocal insurer. [1947 c 79 § .03.02;
Rem. Supp. 1947 § 45.03.02.]
48.03.025 Examiners—Scope of examination—
Examiners’ handbook. Upon determining that an examination should be conducted, the commissioner or the
commissioner’s designee shall appoint one or more examiners to perform the examination and instruct them as to the
scope of the examination. In conducting the examination,
the examiner shall observe those guidelines and procedures
set forth in the examiners’ handbook adopted by the National
Association of Insurance Commissioners. The commissioner
may also employ such other guidelines or procedures as the
commissioner may deem appropriate. [1993 c 462 § 44.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.03.030 Access to records on examination—
Correction of accounts. (1) Every person being examined,
its officers, employees, and representatives shall produce and
make freely accessible to the commissioner the accounts,
records, documents, and files in his possession or control
relating to the subject of the examination, and shall otherwise facilitate the examination.
(2) If the commissioner finds the accounts to be
inadequate, or improperly kept or posted, he may employ
experts to rewrite, post or balance them at the expense of the
person being examined. [1947 c 79 § .03.03; Rem. Supp.
1947 § 45.03.03.]
48.03.040 Examination reports—Consideration by
commissioner—Orders—Confidentiality. (1) No later than
[Title 48 RCW—page 10]
sixty days after completion of each examination, the commissioner shall make a full written report of each examination made by him or her containing only facts ascertained
from the accounts, records, and documents examined and
from the sworn testimony of individuals, and such conclusions and recommendations as may reasonably be warranted
from such facts.
(2) The report shall be certified by the commissioner or
by his or her examiner in charge of the examination, and
shall be filed in the commissioner’s office subject to subsection (3) of this section.
(3) The commissioner shall furnish a copy of the
examination report to the person examined not less than ten
days and, unless the time is extended by the commissioner,
not more than thirty days prior to the filing of the report for
public inspection in the commissioner’s office. If such
person so requests in writing within such period, the commissioner shall hold a hearing to consider objections of such
person to the report as proposed, and shall not so file the
report until after such hearing and until after any modifications in the report deemed necessary by the commissioner
have been made.
(4) Within thirty days of the end of the period described
in subsection (3) of this section, unless extended by order of
the commissioner, the commissioner shall consider the
report, together with any written submissions or rebuttals and
any relevant portions of the examiner’s workpapers and enter
an order:
(a) Adopting the examination report as filed or with
modification or corrections. If the examination report
reveals that the company is operating in violation of any law,
rule, or order of the commissioner, the commissioner may
order the company to take any action the commissioner
considers necessary and appropriate to cure that violation;
(b) Rejecting the examination report with directions to
the examiners to reopen the examination for purposes of
obtaining additional data, documentation, or information, and
refiling under this section; or
(c) Calling for an investigatory hearing with no less than
twenty days’ notice to the company for purposes of obtaining additional documentation, data, information, and testimony.
(5) All orders entered under subsection (4) of this
section must be accompanied by findings and conclusions
resulting from the commissioner’s consideration and review
of the examination report, relevant examiner workpapers, and
any written submissions or rebuttals. Such an order is
considered a final administrative decision and may be
appealed under the Administrative Procedure Act, chapter
34.05 RCW, and must be served upon the company by
certified mail, together with a copy of the adopted examination report. A copy of the adopted examination report must
be sent by certified mail to each director at the director’s
residence address.
(6)(a) Upon the adoption of the examination report
under subsection (4) of this section, the commissioner shall
continue to hold the content of the examination report as
private and confidential information for a period of five days
except that the order may be disclosed to the person examined. Thereafter, the commissioner may open the report for
public inspection so long as no court of competent jurisdiction has stayed its publication.
(2002 Ed.)
Examinations
(b) Nothing in this title prohibits the commissioner from
disclosing the content of an examination report, preliminary
examination report or results, or any matter relating thereto,
to the insurance department of any other state or country, or
to law enforcement officials of this or any other state or
agency of the federal government at any time, so long as the
agency or office receiving the report or matters relating
thereto agrees in writing to hold it confidential and in a
manner consistent with this chapter.
(c) If the commissioner determines that regulatory action
is appropriate as a result of any examination, he or she may
initiate any proceedings or actions as provided by law.
(d) Nothing contained in this section requires the
commissioner to disclose any information or records that
would indicate or show the existence or content of any
investigation or activity of a criminal justice agency. [1993
c 462 § 45; 1965 ex.s. c 70 § 1; 1947 c 79 § .03.04; Rem.
Supp. 1947 § 45.03.04.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.03.050 Reports withheld. The commissioner may
withhold from public inspection any examination or investigation report for so long as he or she deems it advisable,
subject to RCW 48.32.080. [1993 c 462 § 46; 1947 c 79 §
.03.05; Rem. Supp. 1947 § 45.03.05.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.03.060 Examination expense. (1) Examinations
within this state of any insurer domiciled or having its home
offices in this state, other than a title insurer, made by the
commissioner or the commissioner’s examiners and employees shall, except as to fees, mileage, and expense
incurred as to witnesses, be at the expense of the state.
(2) Every other examination, whatsoever, or any part of
the examination of any person domiciled or having its home
offices in this state requiring travel and services outside this
state, shall be made by the commissioner or by examiners
designated by the commissioner and shall be at the expense
of the person examined; but a domestic insurer shall not be
liable for the compensation of examiners employed by the
commissioner for such services outside this state.
(3) When making an examination under this chapter, the
commissioner may retain attorneys, appraisers, independent
actuaries, independent certified public accountants, or other
professionals and specialists as examiners, the cost of which
shall be borne by the person who is the subject of the
examination, except as provided in subsection (1) of this
section.
(4) The person examined and liable therefor shall
reimburse the state upon presentation of an itemized statement thereof, for the actual travel expenses of the
commissioner’s examiners, their reasonable living expense
allowance, and their per diem compensation, including salary
and the employer’s cost of employee benefits, at a reasonable rate approved by the commissioner, incurred on account
of the examination. Per diem salary and expenses for employees examining insurers domiciled outside the state of
Washington shall be established by the commissioner on the
basis of the National Association of Insurance
(2002 Ed.)
48.03.040
Commissioner’s recommended salary and expense schedule
for zone examiners, or the salary schedule established by the
Washington personnel resources board and the expense
schedule established by the office of financial management,
whichever is higher. Domestic title insurer shall pay the
examination expense and costs to the commissioner as
itemized and billed by the commissioner.
The commissioner or the commissioner’s examiners
shall not receive or accept any additional emolument on
account of any examination.
(5) Nothing contained in this chapter limits the
commissioner’s authority to terminate or suspend any
examination in order to pursue other legal or regulatory
action under the insurance laws of this state. Findings of
fact and conclusions made pursuant to any examination are
prima facie evidence in any legal or regulatory action.
[1995 c 152 § 2. Prior: 1993 c 462 § 47; 1993 c 281 § 55;
1981 c 339 § 2; 1979 ex.s. c 35 § 1; 1947 c 79 § .03.06;
Rem. Supp. 1947 § 45.03.06.]
Intent—1995 c 152: "The only intent of the legislature in chapter
152, Laws of 1995 is to correct double amendments. It is not the intent of
the legislature to change the substance or effect of any statute previously
enacted." [1995 c 152 § 1.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Effective date—1993 c 281: See note following RCW 41.06.022.
48.03.065 Appointments by commissioner—
Examiners—Exceptions. (1) No examiner may be appointed by the commissioner if the examiner, either directly or
indirectly, has a conflict of interest or is affiliated with the
management of or owns a pecuniary interest in a person
subject to examination under this chapter. This section does
not automatically preclude an examiner from being:
(a) A policyholder or claimant under an insurance
policy;
(b) A grantor of a mortgage or similar instrument on the
examiner’s residence to a regulated entity if done under
customary terms and in the ordinary course of business;
(c) An investment owner in shares of regulated diversified investment companies; or
(d) A settlor or beneficiary of a blind trust into which
any otherwise impermissible holdings have been placed.
(2) Notwithstanding the requirements of subsection (1)
of this section, the commissioner may retain from time to
time, on an individual basis, qualified actuaries, certified
public accountants, or other similar individuals who are
independently practicing their professions, even though those
persons may from time to time be similarly employed or
retained by persons subject to examination under this
chapter. [1993 c 462 § 48.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.03.070 Witnesses—Subpoenas—Depositions—
Oaths. (1) The commissioner may take depositions, may
subpoena witnesses or documentary evidence, administer
oaths, and examine under oath any individual relative to the
affairs of any person being examined, or relative to the
subject of any hearing or investigation: PROVIDED, That
the provisions of RCW 34.05.446 shall apply in lieu of the
[Title 48 RCW—page 11]
48.03.070
Title 48 RCW: Insurance
provisions of this section as to subpoenas relative to hearings
in rule-making and adjudicative proceedings.
(2) The subpoena shall be effective if served within the
state of Washington and shall be served in the same manner
as if issued from a court of record.
(3) Witness fees and mileage, if claimed, shall be
allowed the same as for testimony in a court of record.
Witness fees, mileage, and the actual expense necessarily
incurred in securing attendance of witnesses and their
testimony shall be itemized, and shall be paid by the person
as to whom the examination is being made, or by the person
if other than the commissioner, at whose request the hearing
is held.
(4) Enforcement of subpoenas shall be in accord with
RCW 34.05.588. [1989 c 175 § 112; 1967 c 237 § 15; 1963
c 195 § 1; 1949 c 190 § 2; 1947 c 79 § .03.07; Rem. Supp.
1949 § 45.03.07.]
Effective date—1989 c 175: See note following RCW 34.05.010.
48.03.075 Legal protection for commissioner,
authorized representatives, and examiners—Good faith—
Attorneys’ fees—Payment by commissioner. (1) No cause
of action may arise nor may any liability be imposed against
the commissioner, the commissioner’s authorized representatives, or an examiner appointed by the commissioner for
statements made or conduct performed in good faith while
carrying out this chapter.
(2) No cause of action may arise nor may any liability
be imposed against any person for the act of communicating
or delivering information or data to the commissioner or the
commissioner’s authorized representative or examiner
pursuant to an examination made under this chapter, if that
act of communication or delivery was performed in good
faith and without fraudulent intent or the intent to deceive.
(3) This section does not modify a privilege or immunity previously enjoyed by a person identified in subsection (1)
of this section.
(4) A person identified in subsection (1) of this section
is entitled to an award of attorneys’ fees and costs if he or
she is the prevailing party in a civil cause of action for libel,
slander, or any other tort arising out of activities in carrying
out this chapter and the party bringing the action was not
substantially justified in doing so. For purposes of this
section a proceeding is "substantially justified" if it had a
reasonable basis in law or fact at the time that it was
initiated.
(5) If a claim is made or threatened of the sort described
in subsection (1) of this section, the commissioner shall
provide or pay for the defense of himself or herself, the
examiner or representative, and shall pay a judgment or
settlement, until it is determined that the person did not act
in good faith or did act with fraudulent intent or the intent
to deceive.
(6) The immunity, indemnification, and other protections
under this section are in addition to those now or hereafter
existing under other law. [1993 c 462 § 49.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
[Title 48 RCW—page 12]
Chapter 48.04
HEARINGS AND APPEALS
Sections
48.04.010
48.04.020
48.04.030
48.04.050
48.04.060
48.04.070
48.04.140
Hearings—Waiver—Administrative law judge.
Stay of action.
Place of hearing.
Show cause notice.
Adjourned hearings.
Nonattendance, effect of.
Stay of action on appeal.
48.04.010 Hearings—Waiver—Administrative law
judge. (1) The commissioner may hold a hearing for any
purpose within the scope of this code as he or she may deem
necessary. The commissioner shall hold a hearing:
(a) If required by any provision of this code; or
(b) Except under RCW 48.13.475, upon written demand
for a hearing made by any person aggrieved by any act,
threatened act, or failure of the commissioner to act, if such
failure is deemed an act under any provision of this code, or
by any report, promulgation, or order of the commissioner
other than an order on a hearing of which such person was
given actual notice or at which such person appeared as a
party, or order pursuant to the order on such hearing.
(2) Any such demand for a hearing shall specify in what
respects such person is so aggrieved and the grounds to be
relied upon as basis for the relief to be demanded at the
hearing.
(3) Unless a person aggrieved by a written order of the
commissioner demands a hearing thereon within ninety days
after receiving notice of such order, or in the case of a
licensee under Title 48 RCW within ninety days after the
commissioner has mailed the order to the licensee at the
most recent address shown in the commissioner’s licensing
records for the licensee, the right to such hearing shall
conclusively be deemed to have been waived.
(4) If a hearing is demanded by a licensee whose license
has been temporarily suspended pursuant to RCW 48.17.540,
the commissioner shall hold such hearing demanded within
thirty days after receipt of the demand or within thirty days
of the effective date of a temporary license suspension issued
after such demand, unless postponed by mutual consent.
(5) A licensee under this title may request that a hearing
authorized under this section be presided over by an administrative law judge assigned under chapter 34.12 RCW. Any
such request shall not be denied.
(6) Any hearing held relating to RCW 48.20.025,
48.44.017, or 48.46.062 shall be presided over by an
administrative law judge assigned under chapter 34.12 RCW.
[2000 c 221 § 8; 2000 c 79 § 1; 1990 1st ex.s. c 3 § 1; 1988
c 248 § 2; 1967 c 237 § 16; 1963 c 195 § 2; 1947 c 79 §
.04.01; Rem. Supp. 1947 § 45.04.01.]
Reviser’s note: This section was amended by 2000 c 79 § 1 and by
2000 c 221 § 8, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2000 c 79: "Except for sections 26, 38, and 39 of
this act, this act is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing
public institutions, and takes effect immediately [March 23, 2000]." [2000
c 79 § 51.]
Severability—2000 c 79: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
(2002 Ed.)
Hearings and Appeals
the act or the application of the provision to other persons or circumstances
is not affected." [2000 c 79 § 48.]
48.04.020 Stay of action. (1) Such demand for a
hearing received by the commissioner prior to the effective
date of action taken or proposed to be taken by him or her
shall stay such action pending the hearing, except as to
action taken or proposed
(a) under an order on hearing, or
(b) under an order pursuant to an order on hearing, or
(c) under an order to make good an impairment of the
assets of an insurer, or
(d) under an order of temporary suspension of license
issued pursuant to RCW 48.17.540 as now or hereafter
amended.
(2) In any case where an automatic stay is not provided
for, and if the commissioner after written request therefor
fails to grant a stay, the person aggrieved thereby may apply
to the superior court for Thurston county for a stay of the
commissioner’s action.
(3) A stay of action is not available for actions taken by
the commissioner under RCW 48.13.475. [2000 c 221 § 9;
1982 c 181 § 2; 1949 c 190 § 3; 1947 c 79 § .04.02; Rem.
Supp. 1949 § 45.04.02.]
Severability—1982 c 181: See note following RCW 48.03.010.
48.04.030 Place of hearing. The hearing shall be held
at the place designated by the commissioner, and at his
discretion it may be open to the public. [1947 c 79 § .04.03;
Rem. Supp. 1947 § 45.04.03.]
48.04.050 Show cause notice. If any person is
entitled to a hearing by any provision of this code before any
proposed action is taken, the notice of the proposed action
may be in the form of a notice to show cause stating that the
proposed action may be taken unless such person shows
cause at a hearing to be held as specified in the notice, why
the proposed action should not be taken, and stating the basis
of the proposed action. [1947 c 79 § .04.05; Rem. Supp.
1947 § 45.04.05.]
48.04.060 Adjourned hearings. The commissioner
may adjourn any hearing from time to time and from place
to place without other notice of the adjourned hearing than
announcement thereof at the hearing. [1947 c 79 § .04.06;
Rem. Supp. 1947 § 45.04.06.]
48.04.070 Nonattendance, effect of. The validity of
any hearing held in accordance with the notice thereof shall
not be affected by failure of any person to attend or to
remain in attendance. [1947 c 79 § .04.07; Rem. Supp. 1947
§ 45.04.07.]
48.04.140 Stay of action on appeal. (1) The taking
of an appeal shall not stay any action taken or proposed to
be taken by the commissioner under the order appealed from
unless a stay is granted by the court at a hearing held as part
of the proceedings on appeal.
(2) A stay shall not be granted by the court in any case
where the granting of a stay would tend to injure the public
interest. In granting a stay, the court may require of the
(2002 Ed.)
48.04.010
person taking the appeal such security or other conditions as
it deems proper. [1988 c 248 § 3; 1947 c 79 § .04.14; Rem.
Supp. 1947 § 45.04.14.]
Chapter 48.05
INSURERS—GENERAL REQUIREMENTS
Sections
48.05.010
48.05.030
48.05.040
48.05.045
48.05.050
48.05.060
48.05.070
48.05.073
48.05.080
48.05.090
48.05.100
48.05.105
48.05.110
48.05.120
48.05.130
48.05.140
48.05.150
48.05.160
48.05.170
48.05.180
48.05.185
48.05.190
48.05.200
48.05.210
48.05.215
48.05.220
48.05.250
48.05.270
48.05.280
48.05.290
48.05.310
48.05.320
48.05.330
48.05.340
48.05.350
48.05.360
48.05.370
48.05.380
48.05.390
48.05.400
48.05.410
48.05.430
48.05.435
48.05.440
48.05.445
48.05.450
48.05.455
"Domestic," "foreign," "alien" insurers defined.
Certificate of authority required.
Certificate of authority—Qualifications.
Certificate of authority not to be issued to governmentally
owned insurer.
"Charter" defined.
"Capital funds" defined.
Application for certificate of authority.
Filing of financial statements.
Foreign insurers—Deposit.
Alien insurers—Assets required—Trust deposit.
Alien insurers—Deposit resolution.
Foreign or alien insurers—Three years active transacting
required—Exception.
Issuance of certificate of authority.
Certificate of authority—Duration, renewal, amendment.
Certificate of authority—Mandatory refusal, revocation,
suspension.
Certificate of authority—Discretionary refusal, revocation,
suspension.
Notice of intention to refuse, revoke, or suspend.
Period of suspension.
Reauthorization, limitation upon.
Notice of refusal, revocation, suspension—Effect upon
agents’ authority.
Fine in addition or in lieu of suspension, revocation, or
refusal.
Name of insurer.
Commissioner as attorney for service of process—Exception.
Service of process—Procedure.
Unauthorized foreign or alien insurers—Jurisdiction of state
courts—Service of process—Procedure.
Venue of actions against insurer.
Annual statement.
Alien insurer—Capital funds, determination.
Records and accounts of insurers.
Withdrawal of insurer—Reinsurance.
General agents, managers—Appointment—Powers—
Licensing.
Reports of fire losses.
Insurers—Combination of kinds of insurance authorized—
Exceptions.
Capital and surplus requirements.
General casualty insurer combining disability, fidelity, insurance.
Special surplus requirements for certain combinations.
Fiduciary relationship to insurer of officers, directors or
corporation holding controlling interest.
Reports by property and casualty insurers—Rules.
Reports by various insurers—Contents.
Annual filing and fee to National Association of Insurance
Commissioners—Penalty.
Health care practitioner risk management training.
Definitions.
Report of RBC levels—Formula for determining levels—
Inaccurate reports adjusted by commissioner.
Company action level event—Definition—RBC plan—
Commissioner’s review.
Regulatory action level event—Definition—Commissioner’s
duties—Corrective actions.
Authorized control level event—Definition—
Commissioner’s duties.
Mandatory control level event—Definition—Commissioner’s
duties.
[Title 48 RCW—page 13]
Chapter 48.05
Title 48 RCW: Insurance
48.05.460
Insurer’s right to a hearing—Request—Commissioner sets
date.
48.05.465 Confidentiality of RBC reports and plans—Use of information for comparative purposes—Use of information to
monitor solvency.
48.05.470 Regulation of capital and surplus requirements is supplemental—Commissioner may grant exemptions.
48.05.475 RBC report from foreign or alien insurers—Request of commissioner—Commissioner’s options.
48.05.480 No liability for regulation of capital and surplus requirements.
48.05.485 Notices by commissioner—When effective.
48.05.490 RBC reports for 1995—Requirements.
48.05.510 Disclosure of certain material transactions—Insurer’s report—Information is confidential.
48.05.515 Material acquisitions or dispositions.
48.05.520 Asset acquisitions—Asset dispositions.
48.05.525 Report of a material acquisition or disposition of assets—
Information required.
48.05.530 Material nonrenewals, cancellations, or revisions of ceded
reinsurance agreements.
48.05.535 Report of a material nonrenewal, cancellation, or revision of
ceded reinsurance agreements—Information required.
48.05.900 Severability—1995 c 83.
Agents, brokers, solicitors, and adjusters: Chapter 48.17 RCW.
Deposit of insurers: Chapter 48.16 RCW.
Federal home loan bank as depositary: RCW 30.32.040.
Fees and taxes: Chapter 48.14 RCW.
Health care services: Chapter 48.44 RCW.
Insuring powers and capital funds required: Chapter 48.11 RCW.
Interlocking ownership, management: RCW 48.30.250.
Policy forms, execution, filing, etc.: Chapter 48.18 RCW.
Rates and rating organizations: Chapter 48.19 RCW.
Stamping bureau: RCW 48.19.410.
Unauthorized insurers: Chapter 48.15 RCW.
Unfair practices: Chapter 48.30 RCW.
48.05.010 "Domestic," "foreign," "alien" insurers
defined. (1) A "domestic" insurer is one formed under the
laws of this state.
(2) A "foreign" insurer is one formed under the laws of
the United States, of a state or territory of the United States
other than this state, or of the District of Columbia.
(3) An "alien" insurer is one formed under the laws of
a nation other than the United States.
(4) For the purposes of this code, "United States," when
used to signify place, means only the states of the United
States, the government of Puerto Rico and the District of
Columbia. [1961 c 194 § 1; 1947 c 79 § .05.01; Rem. Supp.
1947 § 45.05.01.]
"Insurer" defined: RCW 48.01.050.
48.05.030 Certificate of authority required. (1) No
person shall act as an insurer and no insurer shall transact
insurance in this state other than as authorized by a certificate of authority issued to it by the commissioner and then
in force; except, as to such transactions as are expressly otherwise provided for in this code.
(2) Every certificate of authority shall specify the name
of the insurer, the location of its principal office, the name
and location of the principal office of its attorney in fact if
a reciprocal insurer, and the kind or kinds of insurance it is
authorized to transact in this state.
(3) The investigation and adjustment of any claim in
this state arising under an insurance contract issued by an
[Title 48 RCW—page 14]
unauthorized insurer, shall not be deemed to constitute the
transacting of insurance in this state. [1947 c 79 § .05.03;
Rem. Supp. 1947 § 45.05.03.]
48.05.040 Certificate of authority—Qualifications.
To qualify for and hold a certificate of authority an insurer
must:
(1) Be a stock, mutual, or reciprocal insurer of the same
general type as may be formed as a domestic insurer under
the provisions of chapter 48.06 RCW of this code, but this
requirement shall not apply as to domestic mutual property
insurers which, as of January 1, 1957, were lawfully transacting insurance on the assessment plan; and
(2) Have capital funds as required by this code, based
upon the type and domicile of the insurer and the kinds of
insurance proposed to be transacted; and
(3) Transact or propose to transact in this state
insurances authorized by its charter, and only such insurance
as meets the standards and requirements of this code; and
(4) Fully comply with, and qualify according to, the
other provisions of this code. [1957 c 193 § 1; 1947 c 79 §
.05.04; Rem. Supp. 1947 § 45.05.04.]
48.05.045 Certificate of authority not to be issued
to governmentally owned insurer. No certificate of
authority shall be issued to or exist with respect to any
insurer which is owned and controlled, in whole or in
substantial part, by any government or governmental agency.
[1957 c 193 § 2.]
48.05.050 "Charter" defined. "Charter" means
articles of incorporation, articles of agreement, articles of
association of a corporation, or other basic constituent
document of a corporation, or subscribers’ agreement and
attorney in fact agreement of a reciprocal insurer. [1947 c
79 § .05.05; Rem. Supp. 1947 § 45.05.05.]
48.05.060 "Capital funds" defined. "Capital funds"
means the excess of the assets of an insurer over its liabilities. Capital stock, if any, shall not be deemed to be a
liability for the purposes of this section. [1947 c 79 §
.05.06; Rem. Supp. 1947 § 45.05.06.]
48.05.070 Application for certificate of authority.
To apply for an original certificate of authority an insurer
shall:
(1) File with the commissioner its request therefor
showing:
(a) Its name, home office location, type of insurer,
organization date, and state or country of its domicile.
(b) The kinds of insurance it proposes to transact.
(c) Additional information as the commissioner may
reasonably require.
(2) File with the commissioner:
(a) A copy of its charter as amended, certified, if a
foreign or alien insurer, by the proper public officer of the
state or country of domicile.
(b) A copy of its bylaws, certified by its proper officer.
(c) A statement of its financial condition, management,
and affairs on a form satisfactory to or furnished by the
commissioner.
(2002 Ed.)
Insurers—General Requirements
(d) If a foreign or alien insurer, or a domestic reciprocal
insurer, an appointment of the commissioner as its attorney
to receive service of legal process.
(e) If an alien insurer, a copy of the appointment and
authority of its United States manager, certified by its proper
officer.
(f) If a foreign or alien insurer, a certificate from the
proper public official of its state or country of domicile
showing that it is duly organized and is authorized to
transact the kinds of insurance proposed to be transacted.
(g) If a domestic reciprocal insurer, the declaration
required by RCW 48.10.090 of this code.
(h) Other documents or stipulations as the commissioner
may reasonably require to evidence compliance with the
provisions of this code.
(3) Deposit with the commissioner the fees required by
this code to be paid for filing the accompanying documents,
and for the certificate of authority, if granted. [1947 c 79 §
.05.07; Rem. Supp. 1947 § 45.05.07.]
48.05.073 Filing of financial statements. Every
insurer holding a certificate of authority from the commissioner shall file its financial statements as required by this
code and by the commissioner in accordance with the
accounting practices and procedures manuals as adopted by
the national association of insurance commissioners, unless
otherwise provided by law. [1999 c 33 § 1.]
48.05.080 Foreign insurers—Deposit. (1) Prior to
the issuance of a certificate of authority to a foreign insurer,
it shall make a deposit of assets with the commissioner for
the protection of all its policyholders, or of all of its policyholders and obligees or its policyholders and obligees within
the United States, in amount and kind, subject to RCW
48.14.040, the same as is required of a like domestic insurer
transacting like kinds of insurance.
(2) In lieu of such deposit or part thereof the commissioner may accept the certificate of the public official having
supervision over insurers in any other state to the effect that
a like deposit by such insurer or like part thereof in equal or
greater amount is held in public custody in such state. [1955
c 86 § 1; 1947 c 79 § .05.08; Rem. Supp. 1947 § 45.05.08.]
Effective date—1955 c 86: "This act shall become effective on
January 1, 1956." [1955 c 86 § 18.]
Supervision of transfers—1955 c 86: "All transfers authorized under
this act shall be made under the supervision of the state auditor." [1955 c
86 § 19.]
48.05.090 Alien insurers—Assets required—Trust
deposit. (1) An alien insurer shall not be authorized to
transact insurance in this state unless it maintains within the
United States assets in amount not less than its outstanding
liabilities arising out of its insurance transactions in the United States, nor unless it maintains a trust deposit in an
amount not less than the required reserves under its policies
resulting from such transactions (after deducting, in the case
of a life insurer, the amount of outstanding policy loans on
such policies) plus assets equal to the larger of the following
sums:
(2002 Ed.)
48.05.070
(a) The largest amount of deposit required under this
title to be made in this state by any type of domestic insurer
transacting like kinds of insurance; or
(b) Two hundred thousand dollars.
(2) The trust deposit shall be for the security of all
policyholders or policyholders and obligees of the insurer in
the United States. It shall not be subject to diminution
below the amount currently determined in accordance with
subsection (1) of this section so long as the insurer has outstanding any liabilities arising out of its business transacted
in the United States.
(3) The trust deposit shall be maintained with public
depositaries or trust institutions within the United States
approved by the commissioner. [1949 c 190 § 4; 1947 c 79
§ .05.09; Rem. Supp. 1949 § 45.05.09.]
48.05.100 Alien insurers—Deposit resolution. An
alien insurer shall file with the commissioner a certified copy
of the resolution of its governing board by which the trust
deposit was established, together with a certified copy of any
trust agreement under which the deposit is held. [1947 c 79
§ .05.10; Rem. Supp. 1947 § 45.05.10.]
48.05.105 Foreign or alien insurers—Three years
active transacting required—Exception. No certificate of
authority shall be granted to a foreign or alien applicant that
has not actively transacted for three years the classes of
insurance for which it seeks to be admitted; except, the
foregoing shall not apply to any subsidiary of a seasoned,
reputable insurer that has held a certificate of authority in
this state for at least three years. [1967 c 150 § 2.]
48.05.110 Issuance of certificate of authority. If the
commissioner finds that an insurer has met the requirements
for and is fully entitled thereto under this code, he shall
issue to it a proper certificate of authority. If the commissioner does not so find, the authority shall be refused within
a reasonable length of time following completion by the
insurer of the application therefor. [1947 c 79 § .05.11;
Rem. Supp. 1947 § 45.05.11.]
48.05.120 Certificate of authority—Duration,
renewal, amendment. (1) All certificates of authority shall
continue in force until suspended, revoked, or not renewed.
A certificate shall be subject to renewal annually on the first
day of July upon application of the insurer and payment of
the fee therefor. If not so renewed, the certificate shall
expire as of the thirtieth day of June next preceding.
(2) The commissioner may amend a certificate of
authority at any time in accordance with changes in the
insurer’s charter or insuring powers. [1957 c 193 § 3; 1955
c 31 § 1; 1947 c 79 § .05.12; Rem. Supp. 1947 § 45.05.12.]
48.05.130 Certificate of authority—Mandatory
refusal, revocation, suspension. The commissioner shall
refuse to renew or shall revoke or suspend an insurer’s
certificate of authority, in addition to other grounds therefor
in this code, if the insurer:
(1) Is a foreign or alien insurer and no longer qualifies
or meets the requirements for the authority; or, is a domestic
[Title 48 RCW—page 15]
48.05.130
Title 48 RCW: Insurance
mutual or domestic reciprocal insurer, and fails to make
good a deficiency of assets as required by the commissioner.
(2) Is a domestic stock insurer and has assets less in
amount than its liabilities, including its capital stock as a
liability, and has failed to make good such deficiency as
required by the commissioner.
(3) Knowingly exceeds its charter powers or its certificate of authority. [1947 c 79 § .05.13; Rem. Supp. 1947 §
45.05.13.]
48.05.140 Certificate of authority—Discretionary
refusal, revocation, suspension. The commissioner may
refuse, suspend, or revoke an insurer’s certificate of authority, in addition to other grounds therefor in this code, if the
insurer:
(1) Fails to comply with any provision of this code
other than those for violation of which refusal, suspension,
or revocation is mandatory, or fails to comply with any
proper order or regulation of the commissioner.
(2) Is found by the commissioner to be in such condition that its further transaction of insurance in this state
would be hazardous to policyholders and the people in this
state.
(3) Refuses to remove or discharge a director or officer
who has been convicted of any crime involving fraud,
dishonesty, or like moral turpitude.
(4) Usually compels claimants under policies either to
accept less than the amount due them or to bring suit against
it to secure full payment of the amount due.
(5) Is affiliated with and under the same general
management, or interlocking directorate, or ownership as
another insurer which transacts insurance in this state
without having a certificate of authority therefor, except as
is permitted by this code.
(6) Refuses to be examined, or if its directors, officers,
employees or representatives refuse to submit to examination
or to produce its accounts, records, and files for examination
by the commissioner when required, or refuse to perform
any legal obligation relative to the examination.
(7) Fails to pay any final judgment rendered against it
in this state upon any policy, bond, recognizance, or undertaking issued or guaranteed by it, within thirty days after the
judgment became final or within thirty days after time for
taking an appeal has expired, or within thirty days after
dismissal of an appeal before final determination, whichever
date is the later.
(8) Is found by the commissioner, after investigation or
upon receipt of reliable information, to be managed by
persons, whether by its directors, officers, or by any other
means, who are incompetent or untrustworthy or so lacking
in insurance company managerial experience as to make a
proposed operation hazardous to the insurance-buying public;
or that there is good reason to believe it is affiliated directly
or indirectly through ownership, control, reinsurance or other
insurance or business relations, with any person or persons
whose business operations are or have been marked, to the
detriment of policyholders or stockholders or investors or
creditors or of the public, by bad faith or by manipulation of
assets, or of accounts, or of reinsurance.
(9) Does business through agents or brokers in this state
or in any other state who are not properly licensed under
[Title 48 RCW—page 16]
applicable laws and duly enacted regulations adopted
pursuant thereto. [1973 1st ex.s. c 152 § 1; 1969 ex.s. c 241
§ 3; 1967 c 150 § 4; 1947 c 79 § .05.14; Rem. Supp. 1947
§ 45.04.14.]
Severability—1973 1st ex.s. c 152: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 152 § 7.]
48.05.150 Notice of intention to refuse, revoke, or
suspend. The commissioner shall give an insurer notice of
his intention to suspend, revoke, or refuse to renew its
certificate of authority not less than ten days before the order
of suspension, revocation or refusal is to become effective;
except that no advance notice of intention is required where
the order results from a domestic insurer’s failure to make
good a deficiency of assets as required by the commissioner.
[1947 c 79 § .05.15; Rem. Supp. 1947 § 45.05.15.]
48.05.160 Period of suspension. The commissioner
shall not suspend an insurer’s certificate of authority for a
period in excess of one year, and he shall state in his order
of suspension the period during which it shall be effective.
[1947 c 79 § .05.16; Rem. Supp. 1947 § 45.05.16.]
48.05.170 Reauthorization, limitation upon. No
insurer whose certificate of authority has been suspended,
revoked, or refused shall subsequently be authorized unless
the grounds for such suspension, revocation, or refusal no
longer exist and the insurer is otherwise fully qualified.
[1947 c 79 § .05.17; Rem. Supp. 1947 § 45.05.17.]
48.05.180 Notice of refusal, revocation, suspension—Effect upon agents’ authority. Upon the suspension,
revocation or refusal of an insurer’s certificate of authority,
the commissioner shall give notice thereof to the insurer and
shall likewise suspend, revoke or refuse the authority of its
agents to represent it in this state and give notice thereof to
the agents. [1947 c 79 § .05.18; Rem. Supp. 1947 §
45.05.18.]
48.05.185 Fine in addition or in lieu of suspension,
revocation, or refusal. After hearing or with the consent of
the insurer and in addition to or in lieu of the suspension,
revocation, or refusal to renew any certificate of authority
the commissioner may levy a fine upon the insurer in an
amount not less than two hundred fifty dollars and not more
than ten thousand dollars. The order levying such fine shall
specify the period within which the fine shall be fully paid
and which period shall not be less than fifteen nor more than
thirty days from the date of such order. Upon failure to pay
any such fine when due the commissioner shall revoke the
certificate of authority of the insurer if not already revoked,
and the fine shall be recovered in a civil action brought in
behalf of the commissioner by the attorney general. Any
fine so collected shall be paid by the commissioner to the
state treasurer for the account of the general fund. [1980 c
102 § 1; 1975 1st ex.s. c 266 § 3; 1965 ex.s. c 70 § 3.]
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
(2002 Ed.)
Insurers—General Requirements
48.05.190 Name of insurer. (1) Every insurer shall
conduct its business in its own legal name.
(2) No insurer shall assume or use a name deceptively
similar to that of any other authorized insurer. [1947 c 79
§ .05.19; Rem. Supp. 1947 § 45.05.19.]
48.05.200 Commissioner as attorney for service of
process—Exception. (1) Each authorized foreign or alien
insurer shall appoint the commissioner as its attorney to
receive service of, and upon whom shall be served, all legal
process issued against it in this state upon causes of action
arising within this state. Service upon the commissioner as
attorney shall constitute service upon the insurer. Service of
legal process against such insurer can be had only by service
upon the commissioner, except actions upon contractor bonds
pursuant to RCW 18.27.040, where service may be upon the
department of labor and industries.
(2) With the appointment the insurer shall designate by
name and address the person to whom the commissioner
shall forward legal process so served upon him or her. The
insurer may change such person by filing a new designation.
(3) The appointment of the commissioner as attorney
shall be irrevocable, shall bind any successor in interest or
to the assets or liabilities of the insurer, and shall remain in
effect as long as there is in force in this state any contract
made by the insurer or liabilities or duties arising therefrom.
[1985 c 264 § 3; 1947 c 79 § .05.20; Rem. Supp. 1947 §
45.05.20.]
48.05.210 Service of process—Procedure. (1)
Duplicate copies of legal process against an insurer for
whom the commissioner is attorney shall be served upon him
either by a person competent to serve a summons, or by
registered mail. At the time of service the plaintiff shall pay
to the commissioner ten dollars, taxable as costs in the
action.
(2) The commissioner shall forthwith send one of the
copies of the process, by registered mail with return receipt
requested, to the person designated for the purpose by the
insurer in its most recent such designation filed with the
commissioner.
(3) The commissioner shall keep a record of the day and
hour of service upon him of all legal process. No proceedings shall be had against the insurer, and the insurer shall
not be required to appear, plead, or answer until the expiration of forty days after the date of service upon the commissioner. [1981 c 339 § 3; 1947 c 79 § .05.21; Rem. Supp.
1947 § 45.05.21.]
48.05.215 Unauthorized foreign or alien insurers—
Jurisdiction of state courts—Service of process—
Procedure. (1) Any foreign or alien insurer not thereunto
authorized by the commissioner, whether it be a surplus lines
insurer operating under chapter 48.15 RCW or not, who, by
mail or otherwise, solicits insurance business in this state or
transacts insurance business in this state as defined by RCW
48.01.060, thereby submits itself to the jurisdiction of the
courts of this state in any action, suit or proceeding instituted
by or on behalf of an insured, beneficiary or the commissioner arising out of such unauthorized solicitation of
(2002 Ed.)
48.05.190
insurance business, including, but not limited to, an action
for injunctive relief by the commissioner.
(2) In any such action, suit or proceeding instituted by
or on behalf of an insured or beneficiary, service of legal
process against such unauthorized foreign or alien insurer
may be made by service of duplicate copies of legal process
on the commissioner by a person competent to serve a
summons or by registered mail. At the time of service the
plaintiff shall pay to the commissioner ten dollars, taxable as
costs in the action. The commissioner shall forthwith mail
one of the copies of the process, by registered mail with
return receipt requested, to the defendant at its last known
principal place of business. The defendant insurer shall have
forty days from the date of the service on the commissioner
within which to plead, answer or otherwise defend the
action.
(3) In any such action, suit or proceeding by the
commissioner, service of legal process against such unauthorized foreign or alien insurer may be made by personal
service of legal process upon any officer of such insurer at
its last known principal place of business outside the state of
Washington. The summons upon such unauthorized foreign
or alien insurer shall contain the same requisites and be
served in like manner as personal summons within the state
of Washington; except, the insurer shall have forty days
from the date of such personal service within which to plead,
answer or otherwise defend the action. [1981 c 339 § 4;
1967 c 150 § 3.]
48.05.220 Venue of actions against insurer. Suit
upon causes of action arising within this state against an
insurer upon an insurance contract shall be brought in the
county where the cause of action arose. [1947 c 79 §
.05.22; Rem. Supp. 1947 § 45.05.22.]
48.05.250 Annual statement. (1) Each authorized
insurer shall annually, before the first day of March, file
with the commissioner a true statement of its financial
condition, transactions, and affairs as of the thirty-first day
of December preceding. The statement forms shall be in
general form and context as approved by the National
Association of Insurance Commissioners for the kinds of
insurance to be reported upon, and as supplemented for
additional information required by this code and by the
commissioner. The statement shall be verified by the oaths
of at least two of the insurer’s officers.
(2) The annual statement of an alien insurer shall relate
only to its transactions and affairs in the United States unless
the commissioner requires otherwise. The statement shall be
verified by the insurer’s United States manager or by its
officers duly authorized.
(3) The commissioner shall suspend or revoke the
certificate of authority of any insurer failing to file its annual
statement when due or during any extension of time therefor
which the commissioner, for good cause, may grant. [1983
c 85 § 1; 1947 c 79 § .05.25; Rem. Supp. 1947 § 45.05.25.]
Advertising of financial condition: RCW 48.30.070.
Assets and liabilities: Chapter 48.12 RCW.
False financial statements: RCW 48.30.030.
[Title 48 RCW—page 17]
48.05.270
Title 48 RCW: Insurance
48.05.270 Alien insurer—Capital funds, determination. (1) The capital funds of an alien insurer shall be
deemed to be the amount by which its assets, deposited and
otherwise held as provided in RCW 48.05.090 exceed its
liabilities with respect to its business transacted in the United
States.
(2) Assets of such insurer held in any state for the
special protection of policyholders and obligees in such state
shall not constitute assets of the insurer for the purposes of
this code. Liabilities of the insurer so secured by such
assets, but not exceeding the amount of such assets, may be
deducted in computing the insurer’s liabilities for the purpose of this section. [1947 c 79 § .05.27; Rem. Supp. 1947
§ 45.05.27.]
48.05.280 Records and accounts of insurers. Every
insurer shall keep full and adequate accounts and records of
its assets, obligations, transactions, and affairs. [1947 c 79
§ .05.28; Rem. Supp. 1947 § 45.05.28.]
criteria, and rates. A general agent shall not provide any
licensed, nonappointed agent with indicia of authority to bind
an insurance risk and the general agent and nonappointed
agent shall provide written disclaimers of binding authority
to an applicant or prospective insured in such form as
prescribed by the commissioner.
(4) The appointment of a resident general agent shall
not be effective unless the person so appointed is licensed as
the general agent of such insurer by the commissioner upon
application and payment of the fee therefor as provided in
RCW 48.14.010.
(5) A general agent’s license and its renewal shall be in
accordance with chapter 48.17 RCW as applicable to agents
and brokers.
(6) The commissioner may deny, suspend, or revoke any
such license for any cause specified in RCW 48.17.530 and
in the manner provided in RCW 48.17.540. [1995 c 338 §
1; 1982 c 181 § 17; 1947 c 79 § .05.31; Rem. Supp. 1947 §
45.05.31.]
Severability—1982 c 181: See note following RCW 48.03.010.
48.05.290 Withdrawal of insurer—Reinsurance. (1)
No insurer shall withdraw from this state until its direct
liability to its policyholders and obligees under all its
insurance contracts then in force in this state has been assumed by another authorized insurer under an agreement
approved by the commissioner. In the case of a life insurer,
its liability pursuant to contracts issued in this state in
settlement of proceeds under its policies shall likewise be so
assumed.
(2) The commissioner may waive this requirement if he
finds upon examination that a withdrawing insurer is then
fully solvent and that the protection to be given its policyholders in this state will not be impaired by the waiver.
(3) The assuming insurer shall within a reasonable time
replace the assumed insurance contracts with its own, or by
endorsement thereon acknowledge its liability thereunder.
[1947 c 79 § .05.29; Rem. Supp. 1947 § 45.05.29.]
48.05.310
General agents, managers—
Appointment—Powers—Licensing. (1) An insurer
appointing any person as its general agent or manager to
represent it as such in this state shall file notice of the
appointment with the commissioner on forms prescribed and
furnished by the commissioner.
(2) Any such general agent or manager shall have such
authority, consistent with this code, as may be conferred by
the insurer. A general agent resident in this state and
licensed, as in this section provided, may exercise the
powers conferred by this code upon agents licensed for the
kinds of insurance which the general agent is authorized to
transact for the insurer so appointing him.
(3) Any such general agent may accept applications for
insurance from licensed agents who are not appointed by the
insurer of such general agent where the risk involved is
placed in a nonstandard or specialty market of an authorized
insurer as defined by regulation of the commissioner. Such
nonstandard or specialty business shall not be bound by any
agent not appointed by the insurer. A general agent may
supply such licensed, nonappointed agent with material to
write nonstandard or specialty insurance business including,
but not limited to, applications for insurance, underwriting
[Title 48 RCW—page 18]
48.05.320 Reports of fire losses. (1) Each authorized
insurer shall promptly report to the chief of the Washington
state patrol, through the director of fire protection, upon
forms as prescribed and furnished by him or her, each fire
loss of property in this state reported to it and whether the
loss is due to criminal activity or to undetermined causes.
(2) Each such insurer shall likewise report to the chief
of the Washington state patrol, through the director of fire
protection, upon claims paid by it for loss or damage by fire
in this state. Copies of all reports required by this section
shall be promptly transmitted to the state insurance commissioner. [1995 c 369 § 24; 1986 c 266 § 66; 1985 c 470 §
16; 1947 c 79 § .05.32; Rem. Supp. 1947 § 45.05.32.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—Effective date—1985 c 470: See notes following
RCW 48.48.030.
48.05.330 Insurers—Combination of kinds of
insurance authorized—Exceptions. An insurer which
otherwise qualifies therefor may be authorized to transact
any one kind or combinations of kinds of insurance as
defined in chapter 48.11 RCW, except:
(1) A life insurer may grant annuities and may be
authorized to transact in addition only disability insurance;
except, that the commissioner may, if the insurer otherwise
qualifies therefor, continue so to authorize any life insurer
which immediately prior to June 13, 1963 was lawfully
authorized to transact in this state a kind or kinds of insurance in addition to life and disability insurances and annuity
business.
(2) A reciprocal insurer shall not transact life insurance.
(3) A title insurer shall be a stock insurer and shall not
transact any other kind of insurance. This provision shall
not prohibit the ceding of reinsurance by a title insurer to
insurers other than mutual or reciprocal insurers. [1963 c
195 § 6.]
48.05.340 Capital and surplus requirements. (1)
Subject to RCW 48.05.350 and 48.05.360 to qualify for
(2002 Ed.)
Insurers—General Requirements
authority to transact any one kind of insurance as defined in
chapter 48.11 RCW or combination of kinds of insurance as
shown below, a foreign or alien insurer, whether stock or
mutual, or a domestic insurer hereafter formed shall possess
unimpaired paid-in capital stock, if a stock insurer, or
unimpaired surplus if a mutual insurer, and additional funds
in surplus, as follows, and shall thereafter maintain unimpaired a combined total of: (a) The paid-in capital stock if
a stock insurer or surplus if a mutual insurer, plus (b) such
additional funds in surplus equal to the total of the following
initial requirements:
Paid-in capital
Kind or kinds
stock or
Additional
of insurance
basic surplus surplus
Life . . . . . . . . . . . . . . .
$2,000,000 $2,000,000
Disability . . . . . . . . . . .
2,000,000
2,000,000
Life and disability . . . . .
2,400,000
2,400,000
Property . . . . . . . . . . . .
2,000,000
2,000,000
Marine & transportation
2,000,000
2,000,000
General casualty . . . . . .
2,400,000
2,400,000
Vehicle . . . . . . . . . . . . .
2,000,000
2,000,000
Surety . . . . . . . . . . . . .
2,000,000
2,000,000
Any two of the following
kinds of insurance:
Property, marine &
transportation, general
casualty, vehicle,
surety, disability . . .
3,000,000
3,000,000
Multiple lines (all insurances
except life and title
insurance) . . . . . . .
3,000,000
3,000,000
Title (in accordance with the
provisions of chapter 48.29 RCW)
(2) Capital and surplus requirements are based upon all
the kinds of insurance transacted by the insurer wherever it
may operate or propose to operate, whether or not only a
portion of such kinds are to be transacted in this state.
(3) Until December 31, 1996, a foreign or alien insurer
holding a certificate of authority to transact insurance in this
state immediately prior to June 9, 1994, may continue to be
authorized to transact the same kinds of insurance as long as
it is otherwise qualified for such authority. A domestic
insurer holding a certificate of authority to transact insurance
in this state immediately prior to June 9, 1994, may continue
to be authorized to transact the same kinds of insurance as
long as it is otherwise qualified for such an authority and
thereafter maintains unimpaired the amount of paid-in capital
stock, if a stock insurer, or basic surplus, if a mutual or
reciprocal insurer, and special or additional surplus as
required of it under laws in force immediately prior to June
9, 1994. [1995 c 83 § 14; 1994 c 171 § 1; 1993 c 462 § 50;
1991 sp.s. c 5 § 1; 1982 c 181 § 3; 1980 c 135 § 1; 1967 c
150 § 5; 1963 c 195 § 7.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Effective date—1991 sp.s. c 5: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1991." [1991 sp.s. c 5 § 3.]
Severability—1982 c 181: See note following RCW 48.03.010.
(2002 Ed.)
48.05.340
48.05.350 General casualty insurer combining
disability, fidelity, insurance. An insurer authorized to
transact general casualty insurance shall be authorized to
transact disability insurance and fidelity insurance without
requiring additional financial qualifications. [1963 c 195 §
8.]
48.05.360 Special surplus requirements for certain
combinations. An insurer shall not be authorized to transact
any one of the following insurances,—vehicle, or general
casualty, or marine and transportation, or surety,—with any
additional kind of insurance unless it maintains at all times
special surplus of not less than one hundred thousand dollars
in addition to the paid-in capital stock if a stock insurer or
basic surplus if a mutual or reciprocal insurer otherwise
required. This section does not apply to combinations
transacted by a general casualty insurer pursuant to RCW
48.05.350. [1963 c 195 § 9.]
48.05.370 Fiduciary relationship to insurer of
officers, directors or corporation holding controlling
interest. Officers and directors of an insurer or a corporation holding a controlling interest in an insurer shall be
deemed to stand in a fiduciary relation to the insurer, and
shall discharge the duties of their respective positions in
good faith, and with that diligence, care and skill which
ordinary prudent men would exercise under similar circumstances in like positions. [1969 ex.s. c 241 § 1.]
48.05.380 Reports by property and casualty insurers—Rules. The insurance commissioner shall adopt rules
requiring insurers who are authorized to write property and
casualty insurance in the state of Washington to record and
report their Washington state loss and expense experiences
and other data, as required by RCW 48.05.390. These rules
may not require a report to be submitted by any insurer that
has no data or experience to report. [2002 c 22 § 1; 1986 c
148 § 1; 1985 c 238 § 1.]
Effective date—1985 c 238: "The requirements of RCW 48.05.380
and 48.05.390 shall commence with the year-end report for the reporting
period ending December 31, 1986. In addition, the data required under
RCW 48.05.390 shall be provided for the years 1975 through 1985 and
shall be filed with the commissioner on or before March 1, 1986." [1985
c 238 § 3.]
Severability—1985 c 238: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 238 § 4.]
48.05.390 Reports by various insurers—Contents.
(1) The report required by RCW 48.05.380 shall include the
types of insurance written by the insurer for policies pertaining to:
(a) Medical malpractice for physicians and surgeons,
hospitals, other health care professions, and other health care
facilities individually;
(b) Products liability. However, if comparable information is included in the annual statement required by RCW
48.05.250, products liability data must not be reported under
RCW 48.05.380;
(c) Attorneys’ malpractice;
(d) Architects’ and engineers’ malpractice;
[Title 48 RCW—page 19]
48.05.390
Title 48 RCW: Insurance
(e) Municipal liability; and
(f) Day care center liability.
(2) The report shall include the following data by the
type of insurance for the previous year ending on the thirtyfirst day of December:
(a) Direct premiums written;
(b) Direct premiums earned;
(c) Net investment income, including net realized capital
gain and losses, using appropriate estimates where necessary;
(d) Incurred claims, development as the sum of the
following:
(i) Dollar amount of claims closed with payments; plus
(ii) Reserves for reported claims at the end of the
current year; minus
(iii) Reserves for reported claims at the end of the
previous year; plus
(iv) Reserves for incurred but not reported claims at the
end of the current year; minus
(v) Reserves for incurred but not reported claims at the
end of the previous year; plus
(vi) Reserves for loss adjustment expense at the end of
the current year; minus
(vii) Reserves for loss adjustment expense at the end of
the previous year.
(e) Actual incurred expenses allocated separately to loss
adjustment, commissions, other acquisition costs, advertising,
general office expenses, taxes, licenses and fees, and all
other expenses;
(f) Net underwriting gain or loss;
(g) Net operation gain or loss, including net investment
income; and
(h) Other information requested by the insurance
commissioner.
(3) The report shall be filed annually with the commissioner, no later than the first day of May. [1994 c 131 § 7;
1988 c 248 § 6; 1986 c 148 § 2; 1985 c 238 § 2.]
Effective date—Severability—1985 c 238: See notes following
RCW 48.05.380.
48.05.400 Annual filing and fee to National Association of Insurance Commissioners—Penalty. (1) Each
domestic, foreign, and alien insurer that is authorized to
transact insurance in this state shall annually, on or before
March 1 of each year, file with the National Association of
Insurance Commissioners a copy of its annual statement
convention blank, along with such additional filings as
prescribed by the commissioner for the preceding year. The
information filed with the National Association of Insurance
Commissioners shall be in the same format and scope as that
required by the commissioner and shall include the signed
jurate page and the actuarial certification. Any amendments
and addendums to the annual statement filing subsequently
filed with the commissioner shall also be filed with the
National Association of Insurance Commissioners.
(2) Coincident with the filing of its annual statement
convention blank and other filings, each such insurer shall
pay a reasonable fee directly to the National Association of
Insurance Commissioners in an amount approved by the
commissioner to cover the costs associated with the analysis
of the annual statement convention blank.
(3) Foreign insurers that are domiciled in a state which
has a law substantially similar to subsection (1) of this
[Title 48 RCW—page 20]
section shall be considered to be in compliance with this
section.
(4) In the absence of actual malice, members of the
National Association of Insurance Commissioners, their duly
authorized committees, subcommittees, and task forces, their
delegates, National Association of Insurance Commissioners
employees, and all other persons charged with the responsibility of collecting, reviewing, analyzing, and dissimilating
the information developed from the filing of the annual
statement convention blanks shall be acting as agents of the
commissioner under the authority of this section and shall
not be subject to civil liability for libel, slander, or any other
cause of action by virtue of their collection, review, and
analysis or dissimilation of the data and information collected for the filings required under this section.
(5) The commissioner may suspend, revoke, or refuse to
renew the certificate of authority of any insurer failing to file
its annual statement or pay the fees when due or within any
extension of time which the commissioner, for good cause,
may have granted. [1987 c 132 § 1.]
48.05.410 Health care practitioner risk management
training. Effective July 1, 1994, each health care provider,
facility, or health maintenance organization that self-insures
for liability risks related to medical malpractice and employs
physicians or other independent health care practitioners in
Washington state shall condition each physician’s and
practitioner’s liability coverage by that entity upon that
physician’s or practitioner’s participation in risk management
training offered by the provider, facility, or health maintenance organization to its employees. The risk management
training shall provide information related to avoiding adverse
health outcomes resulting from substandard practice and
minimizing damages associated with those adverse health
outcomes that do occur. For purposes of this section,
"independent health care practitioner" means those health
care practitioner licensing classifications designated by the
department of health in rule pursuant to *RCW 18.130.330.
[1993 c 492 § 414.]
*Reviser’s note: RCW 18.130.330 was repealed by 1995 c 265 § 27,
effective July 1, 1995.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
48.05.430 Definitions. As used in RCW 48.05.430
through 48.05.490, these terms have the following meanings:
(1) "RBC" means risk-based capital.
(2) "NAIC" means the national association of insurance
commissioners.
(3) "Domestic insurer" means any insurance company
domiciled in this state.
(4) "Foreign or alien insurer" means any insurance
company that is licensed to do business in this state under
this chapter but is not domiciled in this state.
(5) "Life and disability insurer" means any insurance
company authorized to write only life insurance, disability
insurance, or both, as defined in chapter 48.11 RCW.
(6) "Property and casualty insurer" means any insurance
company authorized to write only property insurance, marine
and transportation insurance, general casualty insurance,
(2002 Ed.)
Insurers—General Requirements
48.05.430
vehicle insurance, or any combination thereof, including
disability insurance, as defined in chapter 48.11 RCW.
(7) "Corrective order" means an order issued by the
commissioner specifying corrective actions that the commissioner has determined are required.
(8) "Negative trend" means, with respect to a life
insurer, a disability insurer, or a life and disability insurer,
the negative trend over a period of time, as determined in
accordance with the trend test calculation included in the
RBC instructions.
(9) "Adjusted RBC report" means an RBC report that
has been adjusted by the commissioner in accordance with
RCW 48.05.435(5).
(10) "RBC instructions" means the RBC report including
risk-based capital instructions adopted by the NAIC.
(11) "RBC level" means an insurer’s company action
level RBC, regulatory action level RBC, authorized control
level RBC, or mandatory control level RBC where:
(a) "Company action level RBC" means, with respect to
any insurer, the product of 2.0 and its authorized control
level RBC;
(b) "Regulatory action level RBC" means the product
[of] 1.5 and its authorized control level RBC;
(c) "Authorized control level RBC" means the number
determined under the risk-based capital formula in accordance with the RBC instructions; and
(d) "Mandatory control level RBC" means the product
of .70 and the authorized control level RBC.
(12) "RBC plan" means a comprehensive financial plan
containing the elements specified in RCW 48.05.440(2). If
the commissioner rejects the RBC plan, and it is revised by
the insurer, with or without the commissioner’s recommendation, the plan shall be called the "revised RBC plan."
(13) "RBC report" means the report required in RCW
48.05.435.
(14) "Total adjusted capital" means the sum of:
(a) An insurer’s statutory capital and surplus as determined in accordance with statutory accounting applicable to
the annual financial statements required to be filed under
RCW 48.05.250; and
(b) Other items, if any, as the RBC instructions may
provide. [1995 c 83 § 1.]
(ii) The filing date.
(2) A life and disability insurer’s RBC shall be determined in accordance with the formula set forth in the RBC
instructions. The formula shall take into account and may
adjust for the covariance between:
(a) The risk with respect to the insurer’s assets;
(b) The risk of adverse insurance experience with
respect to the insurer’s liabilities and obligations;
(c) The interest rate risk with respect to the insurer’s
business; and
(d) All other business risks and other relevant risks as
are set forth in the RBC instructions; determined in each
case by applying the factors in the manner set forth in the
RBC instructions.
(3) A property and casualty insurer’s RBC shall be
determined in accordance with the formula set forth in the
RBC instructions. The formula shall take into account and
may adjust for the covariance between:
(a) Asset risk;
(b) Credit risk;
(c) Underwriting risk; and
(d) All other business risks and other relevant risks as
are set forth in the RBC instructions; determined in each
case by applying the factors in the manner set forth in the
RBC instructions.
(4) An excess of capital over the amount produced by
the RBC requirements and the formulas, schedules, and
instructions under RCW 48.05.430 through 48.05.490 is
desirable in the business of insurance. Accordingly, insurers
should seek to maintain capital above the RBC levels
required. Additional capital is used and useful in the
insurance business and helps to secure an insurer against
various risks inherent in, or affecting, the business of
insurance and not accounted for or only partially measured
by the RBC requirements.
(5) If a domestic insurer files an RBC report that in the
judgment of the commissioner is inaccurate, then the
commissioner shall adjust the RBC report to correct the
inaccuracy and shall notify the insurer of the adjustment.
The notice shall contain a statement of the reason for the
adjustment. [1995 c 83 § 2.]
48.05.435 Report of RBC levels—Formula for
determining levels—Inaccurate reports adjusted by
commissioner. (1) Every domestic insurer shall, on or prior
to the filing date, which is hereby established as March 1,
prepare and submit to the commissioner a report of its RBC
levels as of the end of the calendar year just ended, in a
form and containing that information required by the RBC
instructions. In addition, every domestic insurer shall file its
RBC report:
(a) With the NAIC in accordance with the RBC instructions; and
(b) With the insurance commissioner in any state in
which the insurer is authorized to do business, if the insurance commissioner has notified the insurer of its request in
writing, in which case the insurer shall file its RBC report
not later than the later of:
(i) Fifteen days from the receipt of notice to file its
RBC report with that state; or
48.05.440 Company action level event—Definition—
RBC plan—Commissioner’s review. (1) "Company action
level event" means any of the following events:
(a) The filing of an RBC report by an insurer indicating
that:
(i) The insurer’s total adjusted capital is greater than or
equal to its regulatory action level RBC, but less than its
company action level RBC; or
(ii) If a life and disability insurer, the insurer has total
adjusted capital that is greater than or equal to its company
action level RBC, but less than the product of its authorized
control level RBC and 2.5 and has a negative trend;
(b) The notification by the commissioner to the insurer
of an adjusted RBC report that indicates an event in (a) of
this subsection, provided the insurer does not challenge the
adjusted RBC report under RCW 48.05.460; or
(c) If, under RCW 48.05.460, an insurer challenges an
adjusted RBC report that indicates an event in (a) of this
subsection, the notification by the commissioner to the
(2002 Ed.)
[Title 48 RCW—page 21]
48.05.440
Title 48 RCW: Insurance
insurer that the commissioner has, after a hearing, rejected
the insurer’s challenge.
(2) In the event of a company action level event, the
insurer shall prepare and submit to the commissioner an
RBC plan that:
(a) Identifies the conditions that contribute to the
company action level event;
(b) Contains proposals of corrective actions that the
insurer intends to take and would be expected to result in the
elimination of the company action level event;
(c) Provides projections of the insurer’s financial results
in the current year and at least the four succeeding years,
both in the absence of proposed corrective actions and giving
effect to the proposed corrective actions, including projections of statutory operating income, net income, capital, and
surplus. The projections for both new and renewal business
might include separate projections for each major line of
business and separately identify each significant income,
expense, and benefit component;
(d) Identifies the key assumptions impacting the
insurer’s projections and the sensitivity of the projections to
the assumptions; and
(e) Identifies the quality of, and problems associated
with, the insurer’s business, including but not limited to its
assets, anticipated business growth and associated surplus
strain, extraordinary exposure to risk, mix of business, and
use of reinsurance, if any, in each case.
(3) The RBC plan shall be submitted:
(a) Within forty-five days of the company action level
event; or
(b) If the insurer challenges an adjusted RBC report
under RCW 48.05.460, within forty-five days after notification to the insurer that the commissioner has, after a hearing,
rejected the insurer’s challenge.
(4) Within sixty days after the submission by an insurer
of an RBC plan to the commissioner, the commissioner shall
notify the insurer whether the RBC plan may be implemented or is, in the judgment of the commissioner, unsatisfactory.
If the commissioner determines the RBC plan is unsatisfactory, the notification to the insurer shall set forth the reasons
for the determination, and may set forth proposed revisions
that will render the RBC plan satisfactory. Upon notification
from the commissioner, the insurer shall prepare a revised
RBC plan, that may incorporate by reference any revisions
proposed by the commissioner, and shall submit the revised
RBC plan to the commissioner:
(a) Within forty-five days after the notification from the
commissioner; or
(b) If the insurer challenges the notification from the
commissioner under RCW 48.05.460, within forty-five days
after a notification to the insurer that the commissioner has,
after a hearing, rejected the insurer’s challenge.
(5) In the event of a notification by the commissioner to
an insurer that the insurer’s RBC plan or revised RBC plan
is unsatisfactory, the commissioner may, subject to the
insurer’s rights to a hearing under RCW 48.05.460, specify
in the notification that the notification constitutes a regulatory action level event.
(6) Every domestic insurer that files an RBC plan or
revised RBC plan with the commissioner shall file a copy of
the RBC plan or revised RBC plan with the insurance
[Title 48 RCW—page 22]
commissioner in any state in which the insurer is authorized
to do business if:
(a) The state has an RBC provision substantially similar
to RCW 48.05.465(1); and
(b) The insurance commissioner of that state has
notified the insurer of its request for the filing in writing, in
which case the insurer shall file a copy of the RBC plan or
revised RBC plan in that state no later than the later of:
(i) Fifteen days after the receipt of notice to file a copy
of its RBC plan or revised plan with the state; or
(ii) The date on which the RBC plan or revised RBC
plan is filed under subsections (3) and (4) of this section.
[1995 c 83 § 3.]
48.05.445 Regulatory action level event—
Definition—Commissioner’s duties—Corrective actions.
(1) "Regulatory action level event" means, with respect to
any insurer, any of the following events:
(a) The filing of an RBC report by the insurer indicating
that the insurer’s total adjusted capital is greater than or
equal to its authorized control level RBC but less than its
regulatory action level RBC;
(b) The notification by the commissioner to an insurer
of an adjusted RBC report that indicates the event in (a) of
this subsection, provided the insurer does not challenge the
adjusted RBC report under RCW 48.05.460;
(c) If, under RCW 48.05.460, the insurer challenges an
adjusted RBC report that indicates the event in (a) of this
subsection, the notification by the commissioner to the
insurer that the commissioner has, after a hearing, rejected
the insurer’s challenge;
(d) The failure of the insurer to file an RBC report by
the filing date, unless the insurer has provided an explanation
for such failure that is satisfactory to the commissioner and
has cured the failure within ten days after the filing date;
(e) The failure of the insurer to submit an RBC plan to
the commissioner within the time period set forth in RCW
48.05.440(3);
(f) Notification by the commissioner to the insurer that:
(i) The RBC plan or revised RBC plan submitted by the
insurer is, in the judgment of the commissioner, unsatisfactory; and
(ii) The notification constitutes a regulatory action level
event with respect to the insurer, provided the insurer has
not challenged the determination under RCW 48.05.460;
(g) If, under RCW 48.05.460, the insurer challenges a
determination by the commissioner under (f) of this subsection, the notification by the commissioner to the insurer that
the commissioner has, after a hearing, rejected the challenge;
(h) Notification by the commissioner to the insurer that
the insurer has failed to adhere to its RBC plan or revised
RBC plan, but only if the failure has a substantial adverse
effect on the ability of the insurer to eliminate the company
action level event in accordance with its RBC plan or revised RBC plan and the commissioner has so stated in the
notification, provided the insurer has not challenged the
determination under RCW 48.05.460; or
(i) If, under RCW 48.05.460, the insurer challenges a
determination by the commissioner under (h) of this subsection, the notification by the commissioner to the insurer that
the commissioner has, after a hearing, rejected the challenge.
(2002 Ed.)
Insurers—General Requirements
(2) In the event of a regulatory action level event the
commissioner shall:
(a) Require the insurer to prepare and submit an RBC
plan or, if applicable, a revised RBC plan;
(b) Perform the examination or analysis the commissioner deems necessary of the assets, liabilities, and operations
of the insurer including a review of its RBC plan or revised
RBC plan; and
(c) Subsequent to the examination or analysis, issue an
order specifying those corrective actions the commissioner
determines are required.
(3) In determining corrective actions, the commissioner
may take into account those factors deemed relevant with
respect to the insurer based upon the commissioner’s
examination or analysis of the assets, liabilities, and operations of the insurer, including, but not limited to, the results
of any sensitivity tests undertaken under the RBC instructions. The RBC plan or revised RBC plan shall be submitted:
(a) Within forty-five days after the occurrence of the
regulatory action level event;
(b) If the insurer challenges an adjusted RBC report
under RCW 48.05.460, and the challenge is not frivolous in
the judgment of the commissioner, within forty-five days
after the notification to the insurer that the commissioner
has, after a hearing, rejected the insurer’s challenge; or
(c) If the insurer challenges a revised RBC plan under
RCW 48.05.460, and the challenge is not frivolous in the
judgment of the commissioner, within forty-five days after
the notification to the insurer that the commissioner has,
after a hearing, rejected the insurer’s challenge.
(4) The commissioner may retain actuaries and investment experts and other consultants as may be necessary in
the judgment of the commissioner to review the insurer’s
RBC plan or revised RBC plan, examine or analyze the assets, liabilities, and operations of the insurer and formulate
the corrective order with respect to the insurer. The fees,
costs, and expenses relating to consultants shall be borne by
the affected insurer or other party as directed by the commissioner. [1995 c 83 § 4.]
48.05.450 Authorized control level event—
Definition—Commissioner’s duties. (1) "Authorized
control level event" means any of the following events:
(a) The filing of an RBC report by the insurer indicating
that the insurer’s total adjusted capital is greater than or
equal to its mandatory control level RBC but less than its
authorized control level RBC;
(b) The notification by the commissioner to the insurer
of an adjusted RBC report that indicates the event in (a) of
this subsection, provided the insurer does not challenge the
adjusted RBC report under RCW 48.05.460;
(c) If, under RCW 48.05.460, the insurer challenges an
adjusted RBC report that indicates the event in (a) of this
subsection, notification by the commissioner to the insurer
that the commissioner has, after a hearing, rejected the
insurer’s challenge;
(d) The failure of the insurer to respond, in a manner
satisfactory to the commissioner, to a corrective order,
provided the insurer has not challenged the corrective order
under RCW 48.05.460; or
(2002 Ed.)
48.05.445
(e) If the insurer has challenged a corrective order under
RCW 48.05.460 and the commissioner has, after a hearing,
rejected the challenge or modified the corrective order, the
failure of the insurer to respond, in a manner satisfactory to
the commissioner, to the corrective order subsequent to
rejection or modification by the commissioner.
(2) In the event of an authorized control level event
with respect to an insurer, the commissioner shall:
(a) Take those actions required under RCW 48.05.445
regarding an insurer with respect to which a regulatory
action level event has occurred; or
(b) If the commissioner deems it to be in the best
interests of the policyholders and creditors of the insurer and
of the public, take those actions necessary to cause the
insurer to be placed under regulatory control under chapter
48.31 RCW. In the event the commissioner takes these
actions, the authorized control level event is sufficient
grounds for the commissioner to take action under chapter
48.31 RCW, and the commissioner has the rights, powers,
and duties with respect to the insurer as are set forth in
chapter 48.31 RCW. In the event the commissioner takes
actions under this subsection pursuant to an adjusted RBC
report, the insurer is entitled to those protections afforded to
insurers under RCW 48.31.121 pertaining to summary
proceedings. [1995 c 83 § 5.]
48.05.455 Mandatory control level event—
Definition—Commissioner’s duties. (1) "Mandatory
control level event" means any of the following events:
(a) The filing of an RBC report indicating that the
insurer’s total adjusted capital is less than its mandatory
control level RBC;
(b) Notification by the commissioner to the insurer of an
adjusted RBC report that indicates the event in (a) of this
subsection, provided the insurer does not challenge the
adjusted RBC report under RCW 48.05.460; or
(c) If, under RCW 48.05.460, the insurer challenges an
adjusted RBC report that indicates the event in (a) of this
subsection, notification by the commissioner to the insurer
that the commissioner has, after a hearing, rejected the
insurer’s challenge.
(2) In the event of a mandatory control level event:
(a) With respect to a life and disability insurer, the
commissioner shall take those actions necessary to place the
insurer under regulatory control under chapter 48.31 RCW.
In that event, the mandatory control level event is sufficient
grounds for the commissioner to take action under chapter
48.31 RCW, and the commissioner has the rights, powers,
and duties with respect to the insurer as are set forth in
chapter 48.31 RCW. If the commissioner takes actions
pursuant to an adjusted RBC report, the insurer is entitled to
the protections of RCW 48.31.121 pertaining to summary
proceedings. However, the commissioner may forego action
for up to ninety days after the mandatory control level event
if the commissioner finds there is a reasonable expectation
that the mandatory control level event may be eliminated
within the ninety-day period.
(b) With respect to a property and casualty insurer, the
commissioner shall take those actions necessary to place the
insurer under regulatory control under chapter 48.31 RCW,
or, in the case of an insurer that is writing no business and
[Title 48 RCW—page 23]
48.05.455
Title 48 RCW: Insurance
that is running-off its existing business, may allow the
insurer to continue its run-off under the supervision of the
commissioner. In either event, the mandatory control level
event is sufficient grounds for the commissioner to take
action under chapter 48.31 RCW and the commissioner has
the rights, powers, and duties with respect to the insurer as
are set forth in chapter 48.31 RCW. If the commissioner
takes actions pursuant to an adjusted RBC report, the insurer
is entitled to the protections of RCW 48.31.121 pertaining to
summary proceedings. However, the commissioner may
forego action for up to ninety days after the mandatory
control level event if the commissioner finds there is a
reasonable expectation that the mandatory control level event
may be eliminated within the ninety-day period. [1995 c 83
§ 6.]
48.05.460 Insurer’s right to a hearing—Request—
Commissioner sets date. (1) Upon notification to an
insurer by the commissioner of any of the following, the
insurer shall have the right to a hearing, in accordance with
chapters 48.04 and 34.05 RCW, at which the insurer may
challenge any determination or action by the commissioner:
(a) Of an adjusted RBC report; or
(b)(i) That the insurer’s RBC plan or revised RBC plan
is unsatisfactory; and
(ii) The notification constitutes a regulatory action level
event with respect to such insurer; or
(c) That the insurer has failed to adhere to its RBC plan
or revised RBC plan and that such failure has a substantial
adverse effect on the ability of the insurer to eliminate the
company action level event with respect to the insurer in
accordance with its RBC plan or revised RBC plan; or
(d) Of a corrective order with respect to the insurer.
(2) The insurer shall notify the commissioner of its
request for a hearing within five days after the notification
by the commissioner under this section. Upon receipt of the
insurer’s request for a hearing, the commissioner shall set a
date for the hearing. The date shall be no less than ten nor
more than thirty days after the date of the insurer’s request.
[1995 c 83 § 7.]
48.05.465 Confidentiality of RBC reports and
plans—Use of information for comparative purposes—
Use of information to monitor solvency. (1) All RBC
reports, to the extent the information is not required to be set
forth in a publicly available annual statement schedule, and
RBC plans, including the results or report of any examination or analysis of an insurer and any corrective order issued
by the commissioner, with respect to any domestic insurer or
foreign insurer that are filed with the commissioner constitute information that might be damaging to the insurer if
made available to its competitors, and therefore shall be kept
confidential by the commissioner. This information shall not
be made public or be subject to subpoena, other than by the
commissioner and then only for the purpose of enforcement
actions taken by the commissioner.
(2) The comparison of an insurer’s total adjusted capital
to any of its RBC levels is a regulatory tool that may
indicate the need for possible corrective action with respect
to the insurer, and is not a means to rank insurers generally.
Therefore, except as otherwise required under the provisions
[Title 48 RCW—page 24]
of RCW 48.05.430 through 48.05.490, the making, publishing, disseminating, circulating, or placing before the public,
or causing, directly or indirectly to be made, published,
disseminated, circulated, or placed before the public, in a
newspaper, magazine, or other publication, or in the form of
a notice, circular, pamphlet, letter, or poster, or over any
radio or television station, or in any other way, an advertisement, announcement, or statement containing an assertion,
representation, or statement with regard to the RBC levels of
any insurer, or of any component derived in the calculation,
by any insurer, agent, broker, or other person engaged in any
manner in the insurance business would be misleading and
is therefore prohibited. However, if any materially false
statement with respect to the comparison regarding an
insurer’s total adjusted capital to its RBC levels, or any of
them, or an inappropriate comparison of any other amount
to the insurer’s RBC levels is published in any written publication and the insurer is able to demonstrate to the commissioner with substantial proof the falsity of such statement, or
the inappropriateness, as the case may be, then the insurer
may publish an announcement in a written publication if the
sole purpose of the announcement is to rebut the materially
false statement.
(3) The RBC instructions, RBC reports, adjusted RBC
reports, RBC plans, and revised RBC plans are solely for use
by the commissioner in monitoring the solvency of insurers
and the need for possible corrective action with respect to
insurers and shall not be used by the commissioner for
ratemaking nor considered or introduced as evidence in any
rate proceeding nor used by the commissioner to calculate or
derive any elements of an appropriate premium level or rate
of return for any line of insurance that an insurer or any
affiliate is authorized to write. [1995 c 83 § 8.]
48.05.470 Regulation of capital and surplus requirements is supplemental—Commissioner may grant
exemptions. (1) The provisions of RCW 48.05.430 through
48.05.490 are supplemental to any other provisions of the
laws of this state, and shall not preclude or limit any other
powers or duties of the commissioner under those laws,
including, but not limited to, chapter 48.31 RCW.
(2) The commissioner may exempt any domestic
property and casualty insurer from RCW 48.05.430 through
48.05.490, if the insurer:
(a) Writes direct business only in this state;
(b) Writes direct annual premiums of two million dollars
or less; and
(c) Assumes no reinsurance in excess of five percent of
direct premiums written. [1995 c 83 § 9.]
48.05.475 RBC report from foreign or alien insurers—Request of commissioner—Commissioner’s options.
(1) Any foreign or alien insurer shall, upon the written
request of the commissioner, submit to the commissioner an
RBC report as of the end of the calendar year just ended by
the later of:
(a) The date an RBC report would be required to be
filed by a domestic insurer under RCW 48.05.435; or
(b) Fifteen days after the request is received by the
foreign or alien insurer. Any foreign or alien insurer shall,
at the written request of the commissioner, promptly submit
(2002 Ed.)
Insurers—General Requirements
to the commissioner a copy of any RBC plan that is filed
with the insurance commissioner of any other state.
(2) In the event of a company action level event,
regulatory action level event, or authorized control level
event with respect to any foreign or alien insurer as determined under the RBC statute applicable in the state of
domicile of the insurer or, if no RBC statute is in force in
that state, under the provisions of RCW 48.05.430 through
48.05.490, if the insurance commissioner of the state of
domicile of the foreign or alien insurer fails to require the
foreign or alien insurer to file an RBC plan in the manner
specified under that state’s RBC statute, the commissioner
may require the foreign or alien insurer to file an RBC plan.
In this event, the failure of the foreign or alien insurer to file
an RBC plan is grounds to order the insurer to cease and
desist from writing new insurance business in this state.
(3) In the event of a mandatory control level event with
respect to any foreign or alien insurer, if no domiciliary
receiver has been appointed with respect to the foreign or
alien insurer under the rehabilitation and liquidation statute
applicable in the state of domicile of the foreign or alien
insurer, the commissioner may apply for an order under
RCW 48.31.080 or 48.31.090 to conserve the assets within
this state of foreign or alien insurers, and the occurrence of
the mandatory control level event is considered adequate
grounds for the application. [1995 c 83 § 10.]
48.05.480 No liability for regulation of capital and
surplus requirements. There is no liability on the part of,
and no cause of action may arise against, the commissioner
or insurance department or its employees or agents for any
action taken by them in the performance of their powers and
duties under RCW 48.05.430 through 48.05.490. [1995 c 83
§ 11.]
48.05.485 Notices by commissioner—When effective. All notices by the commissioner to an insurer that may
result in regulatory action are effective upon dispatch if
transmitted by registered or certified mail, or in the case of
any other transmission are effective upon the insurer’s
receipt of the notice. [1995 c 83 § 12.]
48.05.490 RBC reports for 1995—Requirements.
For RBC reports required by property and casualty insurers
for 1995, the following requirements apply in lieu of RCW
48.05.440 through 48.05.455:
(1) In the event of a company action level event with
respect to a domestic insurer, the commissioner shall take no
regulatory action.
(2) In the event of a regulatory action level event under
RCW 48.05.445(1) (a), (b), or (c) the commissioner shall
take the actions required under RCW 48.05.440.
(3) In the event of a regulatory action level event under
RCW 48.05.445(1) (d), (e), (f), (g), (h), or (i) or an authorized control level event, the commissioner shall take the
actions required under RCW 48.05.445.
(4) In the event of a mandatory control level event with
respect to an insurer, the commissioner shall take the actions
required under RCW 48.05.450. [1995 c 83 § 13.]
(2002 Ed.)
48.05.475
48.05.510 Disclosure of certain material transactions—Insurer’s report—Information is confidential. (1)
Every insurer domiciled in this state shall file a report with
the commissioner disclosing material acquisitions and
dispositions of assets or material nonrenewals, cancellations,
or revisions of ceded reinsurance agreements unless these
acquisitions and dispositions of assets or material
nonrenewals, cancellations, or revisions of ceded reinsurance
agreements have been submitted to the commissioner for
review, approval, or information purposes under other
provisions of this title or other requirements.
(2) The report required in subsection (1) of this section
is due within fifteen days after the end of the calendar month
in which any of the transactions occur.
(3) One complete copy of the report, including any
exhibits or other attachments filed as part of the report, shall
be filed with the:
(a) Commissioner; and
(b) National association of insurance commissioners.
(4) All reports obtained by or disclosed to the commissioner under this section and RCW 48.05.515 through
48.05.535 are exempt from public inspection and copying
and are not subject to subpoena. These reports shall not be
made public by the commissioner, the national association of
insurance commissioners, or any other person, except to
insurance departments of other states, without the prior
written consent of the insurer to which it pertains unless the
commissioner, after giving the insurer that would be affected
by disclosure notice and a hearing under chapter 48.04
RCW, determines that the interest of policyholders, shareholders, or the public will be served by the publication, in
which event the commissioner may publish all or any part of
the report in the manner he or she deems appropriate. [1995
c 86 § 1.]
48.05.515 Material acquisitions or dispositions. No
acquisitions or dispositions of assets need be reported under
RCW 48.05.510 if the acquisitions or dispositions are not
material. For purposes of RCW 48.05.510 through
48.05.535, a material acquisition, or the aggregate of any
series of related acquisitions during any thirty-day period; or
disposition, or the aggregate of any series of related dispositions during any thirty-day period is an acquisition or
disposition that is nonrecurring and not in the ordinary
course of business and involves more than five percent of
the reporting insurer’s total assets as reported in its most
recent statutory statement filed with the commissioner.
[1995 c 86 § 2.]
48.05.520 Asset acquisitions—Asset dispositions. (1)
Asset acquisitions subject to RCW 48.05.510 through
48.05.535 include every purchase, lease, exchange, merger,
consolidation, succession, or other acquisition other than the
construction or development of real property by or for the
reporting insurer or the acquisition of materials for such a
purpose.
(2) Asset dispositions subject to RCW 48.05.510
through 48.05.535 include every sale, lease, exchange,
merger, consolidation, mortgage, hypothecation, abandonment, destruction, other disposition, or assignment, whether
[Title 48 RCW—page 25]
48.05.520
Title 48 RCW: Insurance
the assignment is for the benefit of creditors or otherwise.
[1995 c 86 § 3.]
48.05.525 Report of a material acquisition or
disposition of assets—Information required. (1) The
following information is required to be disclosed in any report of a material acquisition or disposition of assets:
(a) Date of the transaction;
(b) Manner of acquisition or disposition;
(c) Description of the assets involved;
(d) Nature and amount of the consideration given or
received;
(e) Purpose of or reason for the transaction;
(f) Manner by which the amount of consideration was
determined;
(g) Gain or loss recognized or realized as a result of the
transaction; and
(h) Names of the persons from whom the assets were
acquired or to whom they were disposed.
(2) Insurers are required to report material acquisitions
and dispositions on a nonconsolidated basis unless the
insurer is part of a consolidated group of insurers that
utilizes a pooling arrangement or one hundred percent
reinsurance agreement that affects the solvency and integrity
of the insurer’s reserves and such an insurer ceded substantially all of its direct and assumed business to the pool. An
insurer has ceded substantially all of its direct and assumed
business to a pool if the insurer has less than one million
dollars total direct plus assumed written premiums during a
calendar year that are not subject to a pooling arrangement
and the net income of the business not subject to the pooling
arrangement represents less than five percent of the insurer’s
capital and surplus. [1995 c 86 § 4.]
48.05.530 Material nonrenewals, cancellations, or
revisions of ceded reinsurance agreements. (1) No
nonrenewals, cancellations, or revisions of ceded reinsurance
agreements need be reported under RCW 48.05.510 if the
nonrenewals, cancellations, or revisions are not material.
For purposes of RCW 48.05.510 through 48.05.535, a
material nonrenewal, cancellation, or revision is one that
affects:
(a) More than fifty percent of a property and casualty
insurer’s total ceded written premium;
(b) More than fifty percent of the property and casualty
insurer’s total ceded indemnity and loss adjustment reserves;
(c) More than fifty percent of a nonproperty and
casualty insurer’s total reserve credit taken for business
ceded, on an annualized basis, as indicated in the insurer’s
most recent annual statement;
(d) More than ten percent of an insurer’s total cession
when it is replaced by one or more unauthorized reinsurers;
or
(e) Previously established collateral requirements, when
they have been reduced or waived as respects one or more
unauthorized reinsurers representing collectively more than
ten percent of a total cession.
(2) However, a filing is not required if:
(a) A property and casualty insurer’s total ceded written
premium represents, on an annualized basis, less than ten
[Title 48 RCW—page 26]
percent of its total written premium for direct and assumed
business; or
(b) A nonproperty and casualty insurer’s total reserve
credit taken for business ceded represents, on an annualized
basis, less than ten percent of the statutory reserve requirement prior to any cession. [1995 c 86 § 5.]
48.05.535 Report of a material nonrenewal,
cancellation, or revision of ceded reinsurance
agreements—Information required. (1) The following is
required to be disclosed in any report of a material
nonrenewal, cancellation, or revision of ceded reinsurance
agreements:
(a) The effective date of the nonrenewal, cancellation,
or revision;
(b) The description of the transaction with an identification of the initiator;
(c) The purpose of or reason for the transaction; and
(d) If applicable, the identity of the replacement
reinsurers.
(2) Insurers are required to report all material
nonrenewals, cancellations, or revisions of ceded reinsurance
agreements on a nonconsolidated basis unless the insurer is
part of a consolidated group of insurers that utilizes a
pooling arrangement or one hundred percent reinsurance
agreement that affects the solvency and integrity of the
insurer’s reserves and the insurer ceded substantially all of
its direct and assumed business to the pool. An insurer has
ceded substantially all of its direct and assumed business to
a pool if the insurer has less than one million dollars total
direct plus assumed written premiums during a calendar year
that are not subject to a pooling arrangement and the net
income of the business not subject to the pooling arrangement represents less than five percent of the insurer’s capital
and surplus. [1995 c 86 § 6.]
48.05.900 Severability—1995 c 83. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1995 c 83 § 15.]
Chapter 48.06
ORGANIZATION OF DOMESTIC INSURERS
Sections
48.06.010
48.06.020
48.06.030
48.06.040
48.06.050
48.06.060
48.06.070
48.06.080
48.06.090
48.06.100
48.06.110
48.06.120
48.06.130
48.06.150
48.06.160
48.06.170
48.06.180
48.06.190
Types of domestic insurers permitted.
Assessment mutuals prohibited—Exceptions.
Solicitation permit.
Application for solicitation permit.
Procedure upon application.
Issuance of permit—Bond.
Duration of permit—Contents.
Permit as inducement.
Solicitors’ licenses.
Modification, revocation of permit.
Bond—Cash deposit.
Escrow of funds.
Liability of organizers—Organization expense.
Payment for subscriptions—Forfeiture.
Insurance applications—Mutual and reciprocal insurers.
Procedure on failure to complete organization or to qualify.
Subsequent financing.
Penalty for exhibiting false accounts, etc.
(2002 Ed.)
Organization of Domestic Insurers
48.06.200
Incorporation, articles of—Contents.
48.06.010 Types of domestic insurers permitted. An
insurer formed in this state shall be either
(1) An incorporated stock insurer, or
(2) An incorporated mutual insurer, or
(3) An incorporated specific risks mutual property
insurer, or
(4) An incorporated mutual assessment property insurer
only, or
(5) An incorporated farm mutual assessment property
insurer only, or
(6) A reciprocal insurer, with respective powers, duties,
and restrictions as provided in this code. [1947 c 79 §
.06.01; Rem. Supp. 1947 § 45.06.01.]
48.06.020 Assessment mutuals prohibited—
Exceptions. No insurer shall be formed or be authorized in
this state to issue contracts of insurance the performance of
which is contingent upon the payment of assessments,
assessment premiums, or calls made upon its members.
Mutual assessment property insurers and farm mutual
assessment property insurers shall be the only exception to
this provision. [1947 c 79 § .06.02; Rem. Supp. 1947 §
45.06.02.]
48.06.030 Solicitation permit. (1) No person forming
or proposing to form in this state an insurer, or insurance
holding corporation, or stock corporation to finance an
insurer or insurance production therefor, or corporation to
manage an insurer, or corporation to be attorney in fact for
a reciprocal insurer, or a syndicate for any of such purposes,
shall advertise, or solicit or receive any funds, agreement,
stock subscription, or membership on account thereof unless
he has applied for and has received from the commissioner
a solicitation permit.
(2) Any person violating this section shall be subject to
a fine of not more than ten thousand dollars or imprisonment
for not more than ten years, or by both fine and imprisonment. [1947 c 79 § .06.03; Rem. Supp. 1947 § 45.06.03.]
48.06.040 Application for solicitation permit. To
apply for a solicitation permit the person shall:
(1) File with the commissioner a request showing:
(a) Name, type, and purpose of insurer, corporation, or
syndicate proposed to be formed;
(b) Names, addresses, fingerprints for submission to the
Washington state patrol, the federal bureau of investigation,
and any governmental agency or entity authorized to receive
this information for a state and national criminal history
background check, and business records of each person
associated or to be associated in the formation of the
proposed insurer, corporation, or syndicate;
(c) Full disclosure of the terms of all understandings and
agreements existing or proposed among persons so associated relative to the proposed insurer, corporation, or syndicate,
or the formation thereof;
(d) The plan according to which solicitations are to be
made; and
(e) Additional information as the commissioner may
reasonably require.
(2002 Ed.)
Chapter 48.06
(2) File with the commissioner:
(a) Original and copies in triplicate of proposed articles
of incorporation, or syndicate agreement; or, if the proposed
insurer is a reciprocal, original and duplicate of the proposed
subscribers’ agreement and attorney in fact agreement;
(b) Original and duplicate copy of any proposed bylaws;
(c) Copy of any security proposed to be issued and copy
of application or subscription agreement for that security;
(d) Copy of any insurance contract proposed to be
offered and copy of application for that contract;
(e) Copy of any prospectus, advertising, or literature
proposed to be used; and
(f) Copy of proposed form of any escrow agreement
required.
(3) Deposit with the commissioner the fees required by
law to be paid for the application including fees associated
with the state and national criminal history background
check, for filing of the articles of incorporation of an insurer,
for filing the subscribers’ agreement and attorney in fact
agreement if the proposed insurer is a reciprocal, for the
solicitation permit, if granted, and for filing articles of
incorporation with the secretary of state. [2002 c 227 § 1;
1967 c 150 § 6; 1947 c 79 § .06.04; Rem. Supp. 1947 §
45.06.04.]
Effective date—2002 c 227: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 28, 2002]." [2002 c 227 § 6.]
48.06.050 Procedure upon application. The commissioner shall expeditiously examine the application for a
solicitation permit and make any investigation relative
thereto deemed necessary. If the commissioner finds that
(1) the application is complete; and
(2) the documents therewith filed are equitable in terms
and proper in form; and
(3) the management of the company, whether by its
directors, officers, or by any other means is competent and
trustworthy and not so lacking in managerial experience as
to make a proposed operation hazardous to the insurancebuying public; and that there is no reason to believe the
company is affiliated, directly or indirectly, through ownership, control, reinsurance, or other insurance or business
relations, with any other person or persons whose business
operations are or have been marked, to the detriment of the
policyholders or stockholders or investors or creditors or of
the public, by bad faith or by manipulation of assets, or of
accounts, or of reinsurance; and
(4) the agreements made or proposed are equitable to
present and future shareholders, subscribers, members or
policyholders, he shall give notice to the applicant that he
will issue a solicitation permit, stating the terms to be
contained therein, upon the filing of the bond required by
RCW 48.06.110 of this code.
If the commissioner does not so find, he shall give
notice to the applicant that the permit will not be granted,
stating the grounds therefor, and shall refund to the applicant
all sums so deposited except the application fee. [1967 c
150 § 7; 1947 c 79 § .06.05; Rem. Supp. 1947 § 45.06.05.]
[Title 48 RCW—page 27]
48.06.060
Title 48 RCW: Insurance
48.06.060 Issuance of permit—Bond. Upon the
filing of the bond required by RCW 48.06.110 after notice
by the commissioner, the commissioner shall:
(1) File the articles of incorporation of the proposed
incorporated insurer or other corporation; and
(2) Issue to the applicant a solicitation permit. [1998 c
23 § 1; 1947 c 79 § .06.06; Rem. Supp. 1947 § 45.06.06.]
48.06.070 Duration of permit—Contents. Every
solicitation permit issued by the commissioner shall:
(1) Be for a period of not over two years, subject to the
right of the commissioner to grant a reasonable extension for
good cause.
(2) State the securities for which subscriptions are to be
solicited, the number, classes, par value, and selling price
thereof, or identify the insurance contract for which applications and advance premiums or deposits are to be solicited.
(3) Limit the portion of funds received on account of
stock or syndicate subscriptions, if any are proposed to be
taken, which may be used for promotion and organization
expenses to such amount as he deems adequate, but in no
event to exceed fifteen percent of such funds as and when
actually received.
(4) If to be a mutual or reciprocal insurer, limit the
portion of funds received on account of applications for
insurance which may be used for promotion or organization
expenses to a reasonable commission upon such funds,
giving consideration to the kind of insurance and policy
involved and to the costs incurred by insurers generally in
the production of similar business, and provide that no such
commission shall be deemed to be earned nor be paid until
the insurer has received its certificate of authority and the
policies applied for and upon which such commission is to
be based, have been actually issued and delivered.
(5) Contain such other information required by this
chapter or reasonable conditions relative to accounting and
reports or otherwise as the commissioner deems necessary.
[1953 c 197 § 1; 1947 c 79 § .06.07; Rem. Supp. 1947 §
45.06.07.]
48.06.080 Permit as inducement. The granting of a
solicitation permit is permissive only and shall not constitute
an endorsement by the commissioner of any person or thing
related to the proposed insurer, corporation, or syndicate and
the existence of the permit shall not be advertised or used as
an inducement in any solicitation. The substance of this
section in bold faced type not less than ten point shall be
printed at the top of each solicitation permit. [1947 c 79 §
.06.08; Rem. Supp. 1947 § 45.06.08.]
48.06.090 Solicitors’ licenses. Solicitation for sale of
securities to members of the public under a solicitation
permit shall be made only by individuals licensed therefor
pursuant to the provisions of the securities act. [1949 c 190
§ 5; 1947 c 79 § .06.09; Rem. Supp. 1949 § 45.06.09.]
48.06.100 Modification, revocation of permit. (1)
The commissioner may, for cause, modify a solicitation
permit, or may, after a hearing, revoke any solicitation
permit for violation of any provision of this code, or of the
[Title 48 RCW—page 28]
terms of the permit, or of any proper order of the commissioner, or for misrepresentation.
(2) The commissioner shall revoke a solicitation permit
if requested in writing by a majority of the syndicate
members, or by a majority of the incorporators and twothirds of the subscribers to stock or applicants for insurance
in the proposed incorporated insurer or corporation, or if he
is so requested by a majority of the subscribers of a proposed reciprocal insurer. [1947 c 79 § .06.10; Rem. Supp.
1947 § 45.06.10.]
48.06.110 Bond—Cash deposit. (1) The commissioner shall not issue a solicitation permit until the person
applying therefor files with him a corporate surety bond in
the penalty of fifty thousand dollars, in favor of the state and
for the use and benefit of the state and of subscribers and
creditors of the proposed organization.
The bond shall be conditioned upon the payment of
costs incurred by the state in event of any legal proceedings
for liquidation or dissolution of the proposed organization
before completion of organization or in event a certificate of
authority is not granted; and upon a full accounting for funds
received until the proposed insurer has been granted its
certificate of authority, or until the proposed corporation or
syndicate has completed its organization as defined in the
solicitation permit.
(2) In lieu of filing such bond, the person may deposit
with the commissioner fifty thousand dollars in cash or in
United States government bonds at par value, to be held in
trust upon the same conditions as required for the bond.
(3) The commissioner may waive the requirement for a
bond or deposit in lieu thereof if the permit provides that:
(a) The proposed securities are to be distributed solely
and finally to those few persons who are the active
promotors intimate to the formation of the insurer, or other
corporation or syndicate, or
(b) The securities are to be issued in connection with
subsequent financing as provided in RCW 48.06.180.
(4) Any bond filed or deposit or remaining portion
thereof held under this section shall be released and discharged upon settlement or termination of all liabilities
against it. [1969 ex.s. c 241 § 2; 1955 c 86 § 2; 1953 c 197
§ 2; 1947 c 79 § .06.11; Rem. Supp 1947 § 45.06.11.]
Effective date—Supervision of transfers—1955 c 86: See notes
following RCW 48.05.080.
48.06.120 Escrow of funds. (1) All funds received
pursuant to a solicitation permit shall be deposited and held
in escrow in a bank or trust company under an agreement
approved by the commissioner. No part of any such deposit
shall be withdrawn, except:
(a) For the payment of promotion and organization
expenses as authorized by the solicitation permit; or
(b) for the purpose of making any deposit with the
commissioner required for the issuance of a certificate of
authority to an insurer; or
(c) if the proposed organization is not to be an insurer,
upon completion of payments on stock or syndicate subscriptions made under the solicitation permit and deposit or
appropriation of such funds to the purposes specified in the
solicitation permit; or
(2002 Ed.)
Organization of Domestic Insurers
(d) for making of refunds as provided in RCW
48.06.170.
(2) When the commissioner has issued a certificate of
authority to an insurer any such funds remaining in escrow
for its account shall be released to the insurer. [1947 c 79
§ .06.12; Rem. Supp. 1947 § 45.06.12.]
48.06.130 Liability of organizers—Organization
expense. (1) The incorporators of any insurer or other
corporation, or the persons proposing to form a reciprocal
insurer, or a syndicate, shall be jointly and severally liable
for its debts or liabilities until it has secured a certificate of
authority, if an insurer, or has completed its organization if
a corporation other than an insurer or a syndicate.
(2) Any portion of funds received on account of stock
or syndicate subscriptions which is allowed therefor under
the solicitation permit, may be applied concurrently toward
the payment of promotion and organization expense
theretofore incurred. [1947 c 79 § .06.13; Rem. Supp. 1947
§ 45.06.13.]
48.06.150 Payment for subscriptions—Forfeiture.
(1) No such proposed stock insurer, corporation, or syndicate
shall issue any share of stock or participation agreement
except for payment in cash or in securities eligible for
investment of funds of insurers. No such shares or agreement shall be issued until all subscriptions received under
the solicitation permit have been so fully paid, nor, if an
insurer, until a certificate of authority has been issued to it.
(2) Every subscription contract to shares of a stock
insurer or other corporation calling for payment in installments, together with all amounts paid thereon may be
forfeited at the option of the corporation, upon failure to
make good a delinquency in any installment upon not less
than forty-five days’ notice in writing, and every such
contract shall so provide. [1947 c 79 § .06.15; Rem. Supp.
1947 § 45.06.15.]
48.06.160 Insurance applications—Mutual and
reciprocal insurers. All applications for insurance obtained
in forming a mutual or reciprocal insurer shall provide that:
(1) Issuance of the policy is contingent upon completion
of organization of the insurer and issuance to it of a certificate of authority; and
(2) the prepaid premium or deposit will be refunded in
full to the applicant if the organization is not completed and
certificate of authority issued prior to the solicitation
permit’s date of expiration; and
(3) the agreement for insurance is not effective until a
policy has been issued under it. [1947 c 79 § .06.16; Rem.
Supp. 1947 § 45.06.16.]
48.06.170 Procedure on failure to complete organization or to qualify. The commissioner shall withdraw all
funds held in escrow and refund to subscribers or applicants
all sums paid in on stock or syndicate subscriptions, less that
part of such sums paid in on subscriptions as has been
allowed and used for promotion and organization expenses,
and all sums paid in on insurance applications, and shall
dissolve the proposed insurer, corporation or syndicate if
(2002 Ed.)
48.06.120
(1) the proposed insurer, corporation or syndicate fails
to complete its organization and obtain full payment for
subscriptions and applications, and, if an insurer, it fails to
secure its certificate of authority, all before expiration of the
solicitation permit; or
(2) the commissioner revokes the solicitation permit.
[1947 c 79 § .06.17; Rem. Supp. 1947 § 45.06.17.]
48.06.180 Subsequent financing. (1) No domestic
insurer, or insurance holding corporation, or stock corporation for financing operations of a mutual insurer, or attorney
in fact corporation of a reciprocal insurer, after
(a) it has received a certificate of authority, if an
insurer, or
(b) it has completed its initial organization and financing
if a corporation other than an insurer, shall solicit or receive
funds in exchange for any new issue of its corporate securities, other than through a stock dividend, until it has applied
to the commissioner for, and has been granted, a solicitation
permit.
(2) The commissioner shall issue such a permit unless
he finds that:
(a) The funds proposed to be secured are excessive in
amount for the purpose intended, or
(b) the proposed securities or the manner of their
distribution are inequitable, or
(c) the issuance of the securities would jeopardize the
interests of policyholders or the holders of other securities of
the insurer or corporation.
(3) Any such solicitation permit granted by the commissioner shall be for such duration, and shall contain such
terms and be issued upon such conditions as the commissioner may reasonably specify or require. [1949 c 190 § 6;
1947 c 79 § .06.18; Rem. Supp. 1949 § 45.06.18.]
48.06.190 Penalty for exhibiting false accounts, etc.
Every person who, with intent to deceive, knowingly exhibits
any false account, or document, or advertisement, relative to
the affairs of any insurer, or of any corporation or syndicate
of the kind enumerated in RCW 48.06.030, formed or proposed to be formed, shall be guilty of a felony. [1947 c 79
§ .06.19; Rem. Supp. 1947 § 45.06.19.]
48.06.200 Incorporation, articles of—Contents. (1)
This section applies to insurers incorporated in this state, but
no insurer heretofore lawfully incorporated in this state is
required to reincorporate or change its articles of incorporation by reason of any provisions of this section.
(2) The incorporators shall be individuals who are
United States citizens, of whom two-thirds shall be residents
of this state. The number of incorporators shall be not less
than five if a stock insurer, nor less than ten if a mutual
insurer.
(3) The incorporators shall execute articles of incorporation in duplicate, acknowledge their signatures thereunto
before an officer authorized to take acknowledgments of
deeds, and file both copies with the commissioner.
(4) After approval of the articles by the commissioner,
one copy shall be filed in the office of the commissioner and
the other copy shall be returned to the insurer.
(5) The articles of incorporation shall state:
[Title 48 RCW—page 29]
48.06.200
Title 48 RCW: Insurance
First: The names and addresses of the incorporators.
Second: The name of the insurer. If a mutual insurer
the name shall include the word "mutual."
Third: (a) The objects for which the insurer is formed;
(b) whether it is a stock or mutual insurer, and if a
mutual property insurer only, whether it will insure on the
cash premium or assessment plan;
(c) the kinds of insurance it will issue, according to the
designations made in this code.
Fourth: If a stock insurer, the amount of its capital, the
aggregate number of shares, and the par value of each share,
which par value shall be not less than ten dollars, except that
after the corporation has transacted business as an authorized
insurer in the state for five years or more, its articles of
incorporation may be amended, at the option of its
stockholders, to provide for a par value of not less than one
dollar per share. If a mutual insurer, the maximum contingent liability of its policyholders for the payment of its
expenses and losses occurring under its policies.
Fifth: The duration of its existence, which may be
perpetual.
Sixth: The names and addresses of the directors, not
less than five in number, who shall constitute the board of
directors of the insurer for the initial term, not less than two
nor more than six months, as designated in the articles of
incorporation.
Seventh: The name of the city or town of this state in
which the insurer’s principal place of business is to be
located.
Eighth: Other provisions not inconsistent with law as
may be deemed proper by the incorporators. [1998 c 23 §
2; 1981 c 302 § 37; 1963 c 60 § 1; 1949 c 190 § 7; 1947 c
79 § .06.20; Rem. Supp. 1949 § 45.06.20.]
Severability—1981 c 302: See note following RCW 19.76.100.
Chapter 48.07
DOMESTIC INSURERS—POWERS
Sections
48.07.010
48.07.020
48.07.030
48.07.040
48.07.050
48.07.060
48.07.070
48.07.080
48.07.100
48.07.110
48.07.130
48.07.140
48.07.150
48.07.160
Application of code to existing insurers.
Principal office.
Application of general corporation laws.
Annual, special meetings.
Directors—Qualifications—Removal.
Corrupt practices—Penalty.
Amendment of articles of incorporation.
Guarantee of officers’ obligations prohibited.
Vouchers for expenditures.
Depositaries.
Pecuniary interest of officer or director, restrictions upon.
Compliance with foreign laws.
Solicitations in other states.
Continuing operation in event of national emergency—
Declaration of purpose—"Insurer" defined.
48.07.170 Continuing operation in event of national emergency—
Emergency bylaws.
48.07.180 Continuing operation in event of national emergency—
Directors.
48.07.190 Continuing operation in event of national emergency—
Officers.
48.07.200 Continuing operation in event of national emergency—
Principal office and place of business.
48.07.210 Conversion to domestic insurer.
Business corporations: Title 23B RCW.
Dissolution and winding up business corporation: Chapter 23B.14 RCW.
[Title 48 RCW—page 30]
Interlocking ownership, management: RCW 48.30.250.
Merger or consolidation: RCW 48.31.010.
Organization of domestic insurers: Chapter 48.06 RCW.
48.07.010 Application of code to existing insurers.
Existing authorized domestic insurers shall continue to insure
only in accordance with the provisions of this code. [1947
c 79 § .07.01; Rem. Supp. 1947 § 45.07.01.]
48.07.020 Principal office. Every domestic insurer
shall establish and maintain in this state its principal office
and place of business. [1947 c 79 § .07.02; Rem. Supp.
1947 § 45.07.02.]
48.07.030 Application of general corporation laws.
The laws of this state relating to private corporations, except
where inconsistent with the express provisions of this code,
shall govern the corporate powers, duties, and relationships
of incorporated domestic insurers and insurance holding
corporations formed under the laws of the state of Washington. [1985 c 364 § 1; 1947 c 79 § .07.03; Rem. Supp. 1947
§ 45.07.03.]
Severability—1985 c 364: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 364 § 5.]
Provisions as to general business corporations: Title 23B RCW.
48.07.040 Annual, special meetings. Each incorporated domestic insurer shall hold an annual meeting of its
shareholders or members at such time and place as may be
stated in or fixed in accordance with its bylaws for the purpose of receiving reports of its affairs and to elect directors.
Each domestic insurance holding corporation shall hold an
annual meeting of its shareholders at such time and place as
may be stated in or fixed in accordance with its bylaws.
Special meetings of the shareholders of an incorporated
domestic insurer or domestic insurance holding corporation
shall be called and held by such persons and in such a
manner as stated in the articles of incorporation or bylaws.
[2002 c 300 § 5; 1985 c 364 § 2; 1965 ex.s. c 70 § 4; 1947
c 79 § .07.04; Rem. Supp. 1947 § 45.07.04.]
Severability—1985 c 364: See note following RCW 48.07.030.
48.07.050 Directors—Qualifications—Removal. Not
less than three-fourths of the directors of an incorporated
domestic insurer shall be United States or Canadian citizens,
and a majority of the board of directors of a mutual life
insurer shall be residents of this state. The directors of a
domestic insurer or domestic insurance holding corporation
may be removed with cause by a vote of a majority of its
voting capital stock or members (if a mutual insurer) at a
valid meeting and said directors may be removed without
cause by a vote of sixty-seven percent of its voting capital
stock or members (if a mutual insurer) at a valid meeting.
[1989 c 24 § 1; 1985 c 364 § 3; 1957 c 193 § 21; 1947 c 79
§ .07.05; Rem. Supp. 1947 § 45.07.05.]
Severability—1985 c 364: See note following RCW 48.07.030.
48.07.060 Corrupt practices—Penalty. No person
shall buy or sell or barter a vote or proxy, relative to any
(2002 Ed.)
Domestic Insurers—Powers
meeting of shareholders or members of an incorporated
domestic insurer, or engage in any corrupt or dishonest practice in or relative to the conduct of any such meeting.
Violation of this section shall constitute a gross misdemeanor. [1947 c 79 § .07.06; Rem. Supp. 1947 § 45.07.06.]
48.07.070 Amendment of articles of incorporation.
(1) Unless a vote of a greater proportion of directors or
shares is required by its articles of incorporation, amendments to the articles of incorporation of a domestic insurer
or a domestic insurance holding corporation shall be made
by a majority vote of its board of directors and the vote or
written assent of a majority of its voting capital stock, or
two-thirds of the members (if a mutual insurer) voting at a
valid meeting of members.
(2) The president and secretary of the insurer shall,
under the corporate seal, certify the amendment in duplicate,
and file both copies in the office of the commissioner as
required under this code for original articles of incorporation.
Thereupon, subject to the requirements of RCW 48.08.010
relative to increase of capital stock of a stock insurer, the
amendment shall become effective. [1998 c 23 § 3; 1985 c
364 § 4; 1981 c 302 § 38; 1947 c 79 § .07.07; Rem. Supp.
1947 § 45.07.07.]
Severability—1985 c 364: See note following RCW 48.07.030.
Severability—1981 c 302: See note following RCW 19.76.100.
48.07.080 Guarantee of officers’ obligations prohibited. No domestic insurer or its affiliates or subsidiaries
shall guarantee the financial obligation of any director or
officer of such insurer or affiliate or subsidiary in his
personal capacity, and any such guaranty attempted shall be
void.
This prohibition shall not apply to obligations of the
insurer under surety bonds or insurance contracts issued in
the regular course of business. [1947 c 79 § .07.08; Rem.
Supp. 1947 § 45.07.08.]
48.07.100 Vouchers for expenditures. (1) No
domestic insurer shall make any disbursement of twenty-five
dollars or more, unless evidenced by a voucher correctly
describing the consideration for the payment and supported
by a check or receipt endorsed or signed by or on behalf of
the person receiving the money.
(2) If the disbursement is for services and reimbursement, the voucher shall describe the services and itemize the
expenditures.
(3) If the disbursement is in connection with any matter
pending before any legislature or public body or before any
public official, the voucher shall also correctly describe the
nature of the matter and of the insurer’s interest therein.
[1947 c 79 § .07.10; Rem. Supp. 1947 § 45.07.10.]
48.07.110 Depositaries. The funds of a domestic
insurer shall not be deposited in any bank or banking
institution which has not first been approved as a depositary
by the insurer’s board of directors or by a committee thereof
designated for the purpose. [1947 c 79 § .07.11; Rem. Supp.
1947 § 45.07.11.]
(2002 Ed.)
48.07.060
48.07.130 Pecuniary interest of officer or director,
restrictions upon. (1) No person having any authority in
the investment or disposition of the funds of a domestic
insurer and no officer or director of an insurer shall accept,
except for the insurer, or be the beneficiary of any fee,
brokerage, gift, commission, or other emolument because of
any sale of insurance or of any investment, loan, deposit,
purchase, sale, payment, or exchange made by or for the
insurer, or be pecuniarily interested therein in any capacity;
except, that such a person may procure a loan from the
insurer direct upon approval by two-thirds of its directors
and upon the pledge of securities eligible for the investment
of the insurer’s funds under this code.
(2) This section does not prohibit a life insurer from
making a policy loan to such person on a life insurance
contract issued by it and in accordance with the terms
thereof.
(3) The commissioner may permit additional exceptions
to the prohibition contained in subsection (1) of this section
to enable payment of reasonable compensation to a director
who is not otherwise an officer or employee of the insurer,
or to a corporation or firm in which the director is interested,
for necessary services performed or sales or purchases made
to or for the insurer in the ordinary course of the insurer’s
business and in the usual private professional or business
capacity of such director or such corporation or firm.
In addition, the commissioner may permit exceptions to
the prohibitions contained in subsection (1) of this section
where the payment of a fee, brokerage, gift, commission, or
other emolument is fully disclosed to the insurer’s officers
and directors and is reasonable in relation to the service
performed. [1989 c 228 § 1; 1981 c 339 § 5; 1947 c 79 §
.07.13; Rem. Supp. 1947 § 45.07.13.]
48.07.140 Compliance with foreign laws. Any
domestic insurer doing business in another state, territory or
sovereignty may design and issue insurance contracts and
transact insurance in such state, territory or sovereignty as
required or permitted by the laws thereof, any provision of
the insurer’s articles of incorporation or bylaws notwithstanding. [1947 c 79 § .07.14; Rem. Supp. 1947 §
45.07.14.]
48.07.150 Solicitations in other states. (1) No
domestic insurer shall knowingly solicit insurance business
in any reciprocating state in which it is not then licensed as
an authorized insurer.
(2) This section shall not prohibit advertising through
publications and radio broadcasts originating outside such
reciprocating state, if the insurer is licensed in a majority of
the states in which such advertising is disseminated, and if
such advertising is not specifically directed to residents of
such reciprocating state.
(3) This section shall not prohibit insurance, covering
persons or risks located in a reciprocating state, under
contracts solicited and issued in states in which the insurer
is then licensed. Nor shall it prohibit insurance effectuated
by the insurer as an unauthorized insurer in accordance with
the laws of the reciprocating state. Nor shall it prohibit renewal or continuance in force, with or without modification,
[Title 48 RCW—page 31]
48.07.150
Title 48 RCW: Insurance
of contracts otherwise lawful and which were not originally
executed in violation of this section.
(4) A "reciprocating" state, as used herein, is one under
the laws of which a similar prohibition is imposed upon and
is enforced against insurers domiciled in that state.
(5) The commissioner shall suspend or revoke the
certificate of authority of a domestic insurer found by him,
after a hearing, to have violated this section. [1988 c 248 §
4; 1947 c 79 § .07.15; Rem. Supp. 1947 § 45.07.15.]
48.07.160 Continuing operation in event of national
emergency—Declaration of purpose—"Insurer" defined.
It is desirable for the general welfare and in particular for
the welfare of insurance beneficiaries, policyholders, claimants and others that the business of domestic insurers be
continued notwithstanding the event of a national emergency.
The purpose of this section and RCW 48.07.170 through
48.07.200 is to facilitate the continued operation of domestic
insurers in the event that a national emergency is caused by
an attack on the United States which is so disruptive of
normal business and commerce in this state as to make it
impossible or impracticable for a domestic insurer to conduct
its business in accord with applicable provisions of law, its
bylaws, or its charter. When used in this section and RCW
48.07.170 through 48.07.200 the word "insurer" includes a
fraternal benefit society. [1963 c 195 § 25.]
48.07.170 Continuing operation in event of national
emergency—Emergency bylaws. The board of directors of
any domestic insurer may at any time adopt emergency
bylaws, subject to repeal or change by action of those having
power to adopt regular bylaws for such insurer, which shall
be operative during such a national emergency and which
may, notwithstanding any different provisions of the regular
bylaws, or of the applicable statutes, or of such insurer’s
charter, make any provision that may be reasonably necessary for the operation of such insurer during the period of
such emergency. [1963 c 195 § 26.]
48.07.180 Continuing operation in event of national
emergency—Directors. In the event that the board of
directors of a domestic insurer has not adopted emergency
bylaws, the following provisions shall become effective upon
the occurrence of such a national emergency as above
described:
(1) Three directors shall constitute a quorum for the
transaction of business at all meetings of the board.
(2) Any vacancy in the board may be filled by a
majority of the remaining directors, though less than a
quorum, or by a sole remaining director.
(3) If there are no surviving directors, but at least three
vice presidents of such insurer survive, the three vice
presidents with the longest term of service shall be the
directors and shall possess all of the powers of the previous
board of directors and such powers as are granted herein or
by subsequently enacted legislation. By majority vote, such
emergency board of directors may elect other directors. If
there are not at least three surviving vice presidents, the
commissioner or duly designated person exercising the
powers of the commissioner shall appoint three persons as
directors who shall include any surviving vice presidents and
[Title 48 RCW—page 32]
who shall possess all of the powers of the previous board of
directors and such powers as are granted herein or by
subsequently enacted legislation, and these persons by
majority vote may elect other directors. [1963 c 195 § 27.]
48.07.190 Continuing operation in event of national
emergency—Officers. At any time the board of directors
of a domestic insurer may, by resolution, provide that in the
event of such a national emergency and in the event of the
death or incapacity of the president, the secretary, or the
treasurer of such insurer, such officers, or any of them, shall
be succeeded in the office by the person named or described
in a succession list adopted by the board of directors. Such
list may be on the basis of named persons or position titles,
shall establish the order of priority and may prescribe the
conditions under which the powers of the office shall be
exercised. [1963 c 195 § 28.]
48.07.200 Continuing operation in event of national
emergency—Principal office and place of business. At
any time the board of directors of a domestic insurer may,
by resolution, provide that in the event of such a national
emergency the principal office and place of business of such
insurer shall be at such location as is named or described in
the resolution. Such resolution may provide for alternate
locations and establish an order of preference. [1963 c 195
§ 29.]
48.07.210 Conversion to domestic insurer. (1)(a)
Any insurer duly organized under the laws of any other state
and admitted to transact insurance business in this state may
become a domestic insurer upon complying with all requirements of law for the organization of a domestic insurer in
this state and by designating its principal place of business
at a location in this state. Such domestic insurer is entitled
to a certificate of authority to transact insurance in this state,
subject to the conditions set forth in (b) of this subsection,
and is subject to the authority and the jurisdiction of this
state.
(b) Before being eligible to become a domestic insurer
under this section, an admitted insurer shall advise the
commissioner, in writing, thirty days in advance of the
proposed date of its plan to become a domestic insurer. The
commissioner must approve the plan in advance of the
proposed date. The commissioner shall not approve any
such plan unless, after a hearing, pursuant to such notice as
the commissioner may require, the commissioner finds that
the plan is consistent with law, and that no reasonable
objection to the plan exists. If the commissioner fails to
approve the plan, the commissioner shall state his or her reasons for failure to approve the plan in an order issued at the
hearing.
(2) After providing thirty days’ advance written notice
of its plan to the commissioner and upon the written approval of the commissioner in advance of the proposed transfer
date, any domestic insurer of this state may transfer its
domicile to any other state in which it is admitted to transact
the business of insurance. Upon transfer of domicile, the
insurer ceases to be a domestic insurer of this state. If
otherwise qualified under the laws of this state, the commissioner shall admit the insurer to do business in this state as
(2002 Ed.)
Domestic Insurers—Powers
a foreign insurer. The commissioner shall approve any
proposed transfer of domicile unless the commissioner
determines after a hearing, pursuant to such notice as the
commissioner may require, that the transfer is not in the best
interests of the public or the insurer’s policyholders in this
state. If the commissioner fails to approve a proposed
transfer of domicile, the commissioner shall state his or her
reasons for failure to approve the transfer in an order issued
at the hearing.
(3) When a foreign insurer, admitted to transact business
in this state, transfers its corporate domicile to this state or
to any other state, the certificate of authority, appointment of
statutory agent, and all approved licenses, policy forms,
rates, filings, and other authorizations and approvals in
existence at the time the foreign insurer transfers its corporate domicile shall continue in effect.
(4) Any insurer transferring its corporate domicile under
this section shall file any amendments to articles of incorporation, bylaws, or other corporate documents that are
required to be filed in this state before the insurer may
receive approval of its proposed plan by the commissioner.
[1988 c 248 § 5.]
Chapter 48.08
DOMESTIC STOCK INSURERS
Sections
48.08.010
48.08.020
48.08.030
48.08.040
48.08.050
48.08.060
48.08.070
48.08.080
48.08.090
Increase of capital stock.
Reduction of capital stock.
Dividends to stockholders.
Illegal dividends, reductions—Penalty against directors.
Impairment of capital.
Repayment of contributions to surplus.
Participating policies.
Mutualization of stock insurers.
Stockholder meetings—Duty to inform stockholders of matters to be presented—Proxies.
48.08.100 Equity security—Defined.
48.08.110 Equity security—Duty to file statement of ownership.
48.08.120 Equity security—Profits from short term transactions—
Remedies—Limitation of actions.
48.08.130 Equity security—Sales, unlawful practices.
48.08.140 Equity security—Exemptions—Sales by dealer.
48.08.150 Equity security—Exemptions—Foreign or domestic arbitrage
transactions.
48.08.160 Equity security—Exemptions—Securities registered or required to be, or no class held by one hundred or more
persons.
48.08.170 Equity security—Rules and regulations.
48.08.190 Failure to file required information, documents, or reports—
Forfeiture.
Merger or consolidation: RCW 48.31.010.
Organization of domestic insurers: Chapter 48.06 RCW.
Superadded liability of shareholders of domestic stock insurance companies:
State Constitution Art. 12 § 11.
48.08.010 Increase of capital stock. (1) Increase of
the capital stock of a domestic stock insurer shall be by
amendment to its articles of incorporation.
(2) If the increased capital stock is to be distributed as
a stock dividend, such increased capital stock may be fully
paid in out of any available surplus funds as is provided in
RCW 48.08.030, and such payment shall be effected by a
transfer on the insurer’s books from its surplus account to its
capital account.
(2002 Ed.)
48.07.210
(3) When the increased capital has been fully paid in, a
certificate to such effect shall be made in quadruplicate
under oath and the corporate seal by the insurer’s president
and secretary and filed in the public offices named in RCW
48.07.070. [1953 c 197 § 4; 1947 c 79 § .08.01; Rem.
Supp. 1947 § 45.08.01.]
48.08.020 Reduction of capital stock. (1) Reduction
of the capital stock of a domestic stock insurer shall be by
amendment of its articles of incorporation. No such reduction shall be made which results in capital stock less in
amount than the minimum required by this code for the
kinds of insurance thereafter to be transacted by the insurer.
(2) No surplus funds of the insurer resulting from a
reduction of its capital stock shall be distributed to stockholders, except as a stock dividend on a subsequent increase
of capital stock, or upon dissolution of the insurer, or upon
approval of the commissioner of a distribution upon proof
satisfactory to him that the distribution will not impair the
interests of policyholders or the insurer’s solvency.
(3) Upon such reduction of capital stock, the insurer’s
directors shall call in any outstanding stock certificates
required to be changed pursuant thereto, and issue proper
certificates in their stead. [1947 c 79 § .08.02; Rem. Supp.
1947 § 45.08.02.]
48.08.030 Dividends to stockholders. (1) No
domestic stock insurer shall pay any cash dividend to
stockholders except out of earned surplus. For the purpose
of this section, "earned surplus" means that part of its
available surplus funds which is derived from any realized
net profits on its business, and does not include unrealized
capital gains or reevaluation of assets.
(2) Such an insurer may pay a stock dividend out of any
available surplus funds.
(3) Payment of any dividend to stockholders of a
domestic stock insurer shall also be subject to all the
limitations and requirements governing the payment of
dividends by other private corporations.
(4) No dividend shall be declared or paid which would
reduce the insurer’s surplus to an amount less than the
minimum required for the kinds of insurance thereafter to be
transacted.
(5) For the purposes of this chapter "surplus funds"
means the excess of the insurer’s assets over its liabilities,
including its capital stock as a liability.
(6) Available surplus means the excess over the minimum amount of surplus required for the kinds of insurance
the insurer is authorized to transact. [1993 c 462 § 52; 1947
c 79 § .08.03; Rem. Supp. 1947 § 45.08.03.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.08.040 Illegal dividends, reductions—Penalty
against directors. Any director of a domestic stock insurer
who votes for or concurs in the declaration or payment of
any dividend to stockholders or a reduction of capital stock
not authorized by law shall, in addition to any other liability
imposed by law, be guilty of a gross misdemeanor. [1947
c 79 § .08.04; Rem. Supp. 1947 § 45.08.04.]
[Title 48 RCW—page 33]
48.08.050
Title 48 RCW: Insurance
48.08.050 Impairment of capital. (1) If the capital
stock of a domestic stock insurer becomes impaired, the
commissioner shall at once determine the amount of the
deficiency and serve notice upon the insurer to require its
stockholders to make good the deficiency within ninety days
after service of such notice.
(2) The deficiency shall be made good in cash, or in
assets eligible under this code for the investment of the
insurer’s funds, or by reduction of the insurer’s capital stock
to an amount not below the minimum required for the kinds
of insurance to be thereafter transacted.
(3) If the deficiency is not made good and proof thereof
filed with the commissioner within such ninety-day period,
the insurer shall be deemed insolvent and shall be proceeded
against as authorized by this code.
(4) If the deficiency is not made good the insurer shall
not issue or deliver any policy after the expiration of such
ninety-day period. Any officer or director who violates or
knowingly permits the violation of this provision shall be
subject to a fine of from fifty dollars to one thousand dollars
for each violation. [1947 c 79 § .08.05; Rem. Supp. 1947 §
45.08.05.]
48.08.060 Repayment of contributions to surplus.
Contributions to the surplus of a domestic stock insurer other
than resulting from sale of its capital stock, shall not be
subject to repayment except out of surplus in excess of the
minimum surplus initially required of such an insurer
transacting like kinds of insurance. [1947 c 79 § .08.06;
Rem. Supp. 1947 § 45.08.06.]
48.08.070 Participating policies. (1) Any domestic
stock insurer may, if its charter so provides, issue policies
entitled to participate from time to time in the earnings of
the insurer through dividends.
(2) Any classification of its participating policies and of
risks assumed thereunder which the insurer may make shall
be reasonable. No dividend shall be paid which is inequitable or which unfairly discriminates as between such classifications or as between policies within the same classification.
(3) No such insurer shall issue in this state both participating and nonparticipating policies for the same class of
risks; except, that both participating and nonparticipating life
insurance policies may be issued if the right or absence of
the right to participate is reasonably related to the premium
charged.
(4) Dividends to participating life insurance policies
issued by such insurer shall be paid only out of its surplus
funds as defined in subsection (5) of RCW 48.08.030.
Dividends to participating policies for other kinds of insurance shall be paid only out of that part of such surplus funds
which is derived from any realized net profits from the
insurer’s business.
(5) No dividend, otherwise earned, shall be made
contingent upon the payment of renewal premium on any
policy. [1947 c 79 § .08.07; Rem. Supp. 1947 § 45.08.07.]
48.08.080 Mutualization of stock insurers. (1) Any
domestic stock insurer may become a domestic mutual
[Title 48 RCW—page 34]
insurer pursuant to such plan and procedure as are approved
by the commissioner in advance of such mutualization.
(2) The commissioner shall not approve any such plan,
procedure, or mutualization unless:
(a) It is equitable to both shareholders and policyholders.
(b) It is approved by vote of the holders of not less than
three-fourths of the insurer’s capital stock having voting
rights, and by vote of not less than two-thirds of the
insurer’s policyholders who vote on such plan, pursuant to
such notice and procedure as may be approved by the
commissioner. Such vote may be registered in person, by
proxy, or by mail.
(c) If a life insurer, the right to vote thereon is limited
to those policyholders whose policies have face amounts of
not less than one thousand dollars and have been in force
one year or more.
(d) Mutualization will result in retirement of shares of
the insurer’s capital stock at a price not in excess of the fair
value thereof as determined by competent disinterested
appraisers.
(e) The plan provides for appraisal and purchase of the
shares of any nonconsenting stockholder in accordance with
the laws of this state relating to the sale or exchange of all
the assets of a private corporation.
(f) The plan provides for definite conditions to be
fulfilled by a designated early date upon which such mutualization will be deemed effective.
(g) The mutualization leaves the insurer with surplus
funds reasonably adequate to preserve the security of its
policyholders and its ability to continue successfully in
business in the states in which it is then authorized, and in
the kinds of insurance it is then authorized to transact.
[1947 c 79 § .08.08; Rem. Supp. 1947 § 45.08.08.]
48.08.090 Stockholder meetings—Duty to inform
stockholders of matters to be presented—Proxies. (1)
This section shall apply to all domestic stock insurers except:
(a) A domestic stock insurer having less than one
hundred stockholders; except, that if ninety-five percent or
more of the insurer’s stock is owned or controlled by a
parent or affiliated insurer, this section shall not apply to
such insurer unless its remaining shares are held by five
hundred or more stockholders.
(b) Domestic stock insurers which file with the Securities and Exchange Commission forms of proxies, consents
and authorizations pursuant to the Securities and Exchange
Act of 1934, as amended.
(2) Every such insurer shall seasonably furnish its
stockholders in advance of stockholder meetings, information
in writing reasonably adequate to inform them relative to all
matters to be presented by the insurer’s management for
consideration of stockholders at such meeting.
(3) No person shall solicit a proxy, consent, or authorization in respect of any stock of such an insurer unless he
furnishes the person so solicited with written information
reasonably adequate as to
(a) the material matters in regard to which the powers
so solicited are proposed to be used, and
(2002 Ed.)
Domestic Stock Insurers
48.08.090
(b) the person or persons on whose behalf the solicitation is made, and the interest of such person or persons in
relation to such matters.
(4) No person shall so furnish to another, information
which the informer knows or has reason to believe, is false
or misleading as to any material fact, or which fails to state
any material fact reasonably necessary to prevent any other
statement made from being misleading.
(5) The form of all such proxies shall:
(a) Conspicuously state on whose behalf the proxy is
solicited;
(b) Provide for dating the proxy;
(c) Impartially identify each matter or group of related
matters intended to be acted upon;
(d) Provide means for the principal to instruct the vote
of his shares as to approval or disapproval of each matter or
group, other than election to office; and
(e) Be legibly printed, with context suitably organized.
Except, that a proxy may confer discretionary authority
as to matters as to which choice is not specified pursuant to
item (d), above, if the form conspicuously states how it is
intended to vote the proxy or authorization in each such
case; and may confer discretionary authority as to other matters which may come before the meeting but unknown for a
reasonable time prior to the solicitation by the persons on
whose behalf the solicitation is made.
(6) No proxy shall confer authority (a) to vote for
election of any person to any office for which a bona fide
nominee is not named in the proxy statement, or (b) to vote
at any annual meeting (or adjournment thereof) other than
the annual meeting next following the date on which the
proxy statement and form were furnished stockholders.
(7) The commissioner shall have authority to make and
promulgate reasonable rules and regulations for the effectuation of this section, and in so doing shall give due consideration to rules and regulations promulgated for similar
purposes by the insurance supervisory officials of other
states. [1965 ex.s. c 70 § 5.]
of such insurer of which he is the beneficial owner, and
within ten days after the close of each calendar month
thereafter, if there has been a change in such ownership
during such month, shall file with the commissioner a
statement, in such form as the commissioner may prescribe,
indicating his ownership at the close of the calendar month
and such changes in his ownership as have occurred during
such calendar month. [1965 ex.s. c 70 § 6.]
Exemption from federal registration: 15 U.S.C. § 78 l(g)(2)(G).
Exemption from federal registration: 15 U.S.C. § 78 l(g)(2)(G).
48.08.100 Equity security—Defined. The term
"equity security" when used in RCW 48.08.100 through
48.08.160 means any stock or similar security; or any security convertible, with or without consideration, into such a
security, or carrying any warrant or right to subscribe to or
purchase such a security; or any such warrant or right; or
any other security which the commissioner shall deem to be
of similar nature and consider necessary or appropriate, by
such rules and regulations as he may prescribe in the public
interest or for the protection of investors, to treat as an
equity security. [1965 ex.s. c 70 § 11.]
48.08.130 Equity security—Sales, unlawful practices. It shall be unlawful for any such beneficial owner,
director or officer, directly or indirectly, to sell any equity
security of such insurer if the person selling the security or
his principal (1) does not own the security sold, or (2) if
owning the security, does not deliver it against such sale
within twenty days thereafter, or does not within five days
after such sale deposit it in the mails or other usual channels
of transportation: PROVIDED, That no person shall be
deemed to have violated this section if he proves that
notwithstanding the exercise of good faith he was unable to
make such delivery or deposit within such time, or that to do
so would cause undue inconvenience or expense. [1965 ex.s.
c 70 § 8.]
48.08.110 Equity security—Duty to file statement of
ownership. Every person who is directly or indirectly the
beneficial owner of more than ten percent of any class of
any equity security of a domestic stock insurer, or who is a
director or an officer of such insurer, shall file with the commissioner on or before the 30th day of September, 1965, or
within ten days after he becomes such beneficial owner,
director or officer, a statement, in such form as the commissioner may prescribe, of the amount of all equity securities
(2002 Ed.)
48.08.120 Equity security—Profits from short term
transactions—Remedies—Limitation of actions. For the
purpose of preventing the unfair use of information which
may have been obtained by such beneficial owner, director
or officer by reason of his relationship to such insurer, any
profit realized by him from any purchase and sale, or any
sale and purchase, of any equity security of such insurer
within any period of less than six months, unless such security was acquired in good faith in connection with a debt
previously contracted, shall inure to and be recoverable by
the insurer, irrespective of any intention on the part of such
beneficial owner, director or officer in entering into such
transaction of holding the security purchased or of not
repurchasing the security sold for a period exceeding six
months. Suit to recover such profit may be instituted at law
or in equity in any court of competent jurisdiction by the
insurer, or by the owner of any security of the insurer in the
name and in behalf of the insurer if the insurer shall fail or
refuse to bring such suit within sixty days after request or
shall fail diligently to prosecute the same thereafter:
PROVIDED, That no such suit shall be brought more than
two years after the date such profit was realized. This
section shall not be construed to cover any transaction where
such beneficial owner was not such both at the time of the
purchase and sale, or the sale and purchase, of the security
involved, or any transaction or transactions which the
commissioner by rules and regulations may exempt as not
comprehended within the purpose of this section. [1965
ex.s. c 70 § 7.]
48.08.140 Equity security—Exemptions—Sales by
dealer. The provisions of RCW 48.08.120 shall not apply
to any purchase and sale, or sale and purchase, and the provisions of RCW 48.08.130 shall not apply to any sale of an
equity security of a domestic stock insurer not then or
theretofore held by him in an investment account, by a
[Title 48 RCW—page 35]
48.08.140
Title 48 RCW: Insurance
dealer in the ordinary course of his business and incident to
the establishment or maintenance by him of a primary or
secondary market (otherwise than on an exchange as defined
in the Securities Exchange Act of 1934) for such security.
The commissioner may, by such rules and regulations as he
deems necessary or appropriate in the public interest, define
and prescribe terms and conditions with respect to securities
held in an investment account and transactions made in the
ordinary course of business and incident to the establishment
or maintenance of a primary or secondary market. [1965
ex.s. c 70 § 9.]
48.08.150 Equity security—Exemptions—Foreign or
domestic arbitrage transactions. The provisions of RCW
48.08.110, 48.08.120 and 48.08.130 shall not apply to
foreign or domestic arbitrage transactions unless made in
contravention of such rules and regulations as the commissioner may adopt in order to carry out the purposes of RCW
48.08.100 through 48.08.160. [1965 ex.s. c 70 § 10.]
48.08.160 Equity security—Exemptions—Securities
registered or required to be, or no class held by one
hundred or more persons. The provisions of RCW
48.08.110, 48.08.120, and 48.08.130 shall not apply to equity
securities of a domestic stock insurer if (1) such securities
shall be registered, or shall be required to be registered,
pursuant to section 12 of the Securities Exchange Act of
1934, as amended, or if (2) such domestic stock insurer shall
not have any class of its equity securities held of record by
one hundred or more persons on the last business day of the
year next preceding the year in which equity securities of the
insurer would be subject to the provisions of RCW
48.08.110, 48.08.120, and 48.08.130 except for the provisions of this subsection (2). [1965 ex.s. c 70 § 12.]
48.08.170 Equity security—Rules and regulations.
The commissioner shall have the power to make such rules
and regulations as may be necessary for the execution of the
functions vested in him by RCW 48.08.100 through
48.08.160, and may for such purpose classify domestic stock
insurers, securities, and other persons or matters within his
jurisdiction. No provision of RCW 48.08.110, 48.08.120,
and 48.08.130 imposing any liability shall apply to any act
done or omitted in good faith in conformity with any rule or
regulation of the commissioner, notwithstanding that such
rule or regulation may, after such act or omission, be
amended or rescinded or determined by judicial or other
authority to be invalid for any reason. [1965 ex.s. c 70 §
13.]
48.08.190 Failure to file required information,
documents, or reports—Forfeiture. Any person who fails
to file information, documents, or reports required to be filed
under chapter 241, Laws of 1969 ex. sess. or any rule or
regulation thereunder shall forfeit to the state of Washington
the sum of one hundred dollars for each and every day such
failure to file shall continue. Such forfeiture, which shall be
in lieu of any criminal penalty for such failure to file which
might be deemed to arise under this title, shall be payable to
the treasurer of the state of Washington and shall be recover[Title 48 RCW—page 36]
able in a civil suit in the name of the state of Washington.
[1969 ex.s. c 241 § 18.]
Chapter 48.09
MUTUAL INSURERS
Sections
48.09.010
48.09.090
48.09.100
48.09.110
48.09.120
48.09.130
48.09.140
48.09.150
48.09.160
48.09.180
Initial qualifications.
Additional kinds of insurance.
Minimum surplus.
Membership.
Rights of members.
Bylaws.
Notice of annual meeting.
Voting—Proxies.
Directors—Disqualification.
Limitation of expenses as to property and casualty insurance.
48.09.190 Procedure upon violation of limitation.
48.09.210 Limitation of action on officer’s salary.
48.09.220 Contingent liability of members.
48.09.230 Assessment of members.
48.09.240 Contingent liability of members of assessment insurer.
48.09.250 Contingent liability as asset.
48.09.260 Liability as lien on policy reserves.
48.09.270 Nonassessable policies.
48.09.280 Qualification on issuance of nonassessable policies.
48.09.290 Revocation of right to issue nonassessable policies.
48.09.300 Dividends.
48.09.310 Nonparticipating policies.
48.09.320 Borrowed capital.
48.09.330 Repayment of borrowed capital.
48.09.340 Impairment of surplus.
48.09.350 Reorganization of mutual as stock insurer—Reinsurance—
Approval.
48.09.360 Distribution of assets and ownership equities upon liquidation.
Dividends not to be guaranteed: RCW 48.30.100.
Merger or consolidation: RCW 48.31.010.
Organization of domestic insurers: Chapter 48.06 RCW.
Policy dividends are payable to real party in interest: RCW 48.18.340.
48.09.010 Initial qualifications. (1) The commissioner shall not issue a certificate of authority to a domestic
mutual insurer unless it has fully qualified therefor under this
code, and unless it has met the minimum requirements for
the kind of insurance it proposes to transact as provided in
this chapter.
(2) All applications for insurance submitted by such an
insurer as fulfilling qualification requirements shall be bona
fide applications from persons resident in this state covering
lives, property, or risks resident or located in this state.
(3) All qualifying premiums collected and initial surplus
funds of such an insurer shall be in cash. Any deposit made
by such an insurer in lieu of applications, premiums, and
initial surplus funds, shall be in cash or in securities eligible
for the investment of the capital of a domestic stock insurer
transacting the same kind of insurance. [1947 c 79 § .09.01;
Rem. Supp. 1947 § 45.09.01.]
48.09.090 Additional kinds of insurance. A domestic mutual insurer may be authorized to transact kinds of
insurance in addition to that for which it was originally
authorized, if it has otherwise complied with the provisions
of this code therefor, and while it possesses and maintains
surplus funds in aggregate amount not less than the mini(2002 Ed.)
Mutual Insurers
mum amount of capital and surplus required under this code
of a domestic stock insurer authorized to transact like kinds
of insurance pursuant to RCW 48.05.340. [1980 c 135 § 2;
1957 c 193 § 5; 1947 c 79 § .09.09; Rem. Supp. 1947 §
45.09.09.]
48.09.100 Minimum surplus. A domestic mutual
insurer on the cash premium plan shall at all times have and
maintain surplus funds, representing the excess of its assets
over its liabilities, in amount not less than the aggregate of
(1) the amount of any surplus funds deposited by it with
the commissioner to qualify for its original certificate of
authority, and
(2) the amount of any additional surplus required of it
pursuant to RCW 48.09.090 for authority to transact additional kinds of insurance. [1963 c 195 § 3; 1947 c 79 §
.09.10; Rem. Supp. 1947 § 45.09.10.]
48.09.110 Membership. (1) Each holder of one or
more insurance contracts issued by a domestic mutual
insurer, other than a contract of reinsurance, is a member of
the insurer, with the rights and obligations of such membership, and each insurance contract so issued shall effectively
so stipulate.
(2) Any person, government or governmental agency,
state or political subdivision thereof, public or private
corporation, board, association, estate, trustee or fiduciary,
may be a member of a mutual insurer. [1947 c 79 § .09.11;
Rem. Supp. 1947 § 45.09.11.]
48.09.120 Rights of members. (1) A domestic
mutual insurer is owned by and shall be operated in the
interest of its members.
(2) Each member is entitled to one vote in the election
of directors and on matters coming before corporate meetings of members, subject to such reasonable minimum
requirements as to duration of membership and amount of
insurance held as may be made in the insurer’s bylaws. The
person named as the policyholder in any group insurance
policy issued by such insurer shall be deemed the member,
and shall have but one such vote regardless of the number of
individuals insured by such policy.
(3) With respect to the management, records, and affairs
of the insurer, a member shall have the same character of
rights and relationship as a stockholder has toward a domestic stock insurer. [1947 c 79 § .09.12; Rem. Supp. 1947 §
45.09.12.]
48.09.130 Bylaws. A domestic mutual insurer shall
adopt bylaws for the conduct of its affairs. Such bylaws, or
any modification thereof, shall forthwith be filed with the
commissioner. The commissioner shall disapprove any such
bylaws, or as so modified, if he finds after a hearing thereon,
that it is not in compliance with the laws of this state, and
he shall forthwith communicate such disapproval to the
insurer. No such bylaw, or modification, so disapproved
shall be effective during the existence of such disapproval.
[1947 c 79 § .09.13; Rem. Supp. 1947 § 45.09.13.]
48.09.140 Notice of annual meeting. (1) Notice of
the time and place of the annual meeting of members of a
(2002 Ed.)
48.09.090
domestic mutual insurer shall be given by imprinting such
notice plainly on the policies issued by the insurer.
(2) Any change of the date or place of the annual
meeting shall be made only by an annual meeting of
members. Notice of such change may be given:
(a) By imprinting such new date or place on all policies
which will be in effect as of the date of such changed
meeting; or
(b) Unless the commissioner otherwise orders, notice of
the new date or place need be given only through policies
issued after the date of the annual meeting at which such
change was made and in premium notices and renewal
certificates issued during the twenty-four months immediately following such meeting. [1947 c 79 § .09.14; Rem. Supp.
1947 § 45.09.14.]
48.09.150 Voting—Proxies. (1) A member of a
domestic mutual insurer may vote in person or by proxy
given another member on any matter coming before a
corporate meeting of members.
(2) An officer of the insurer shall not hold or vote the
proxy of any member.
(3) No such proxy shall be valid beyond the earlier of
the following dates:
(a) The date of expiration set forth in the proxy; or
(b) the date of termination of membership; or
(c) five years from the date of execution of the proxy.
(4) No member’s vote upon any proposal to divest the
insurer of its business and assets, or the major part thereof,
shall be registered or taken except in person or by a proxy
newly executed and specific as to the matter to be voted
upon. [1947 c 79 § .09.15; Rem. Supp. 1947 § 45.09.15.]
48.09.160 Directors—Disqualification. No individual
shall be a director of a domestic mutual insurer by reason of
his holding public office. Adjudication as a bankrupt or
taking the benefit of any insolvency law or making a general
assignment for the benefit of creditors disqualifies an
individual from being or acting as a director. [1947 c 79 §
.09.16; Rem. Supp. 1947 § 45.09.16.]
48.09.180 Limitation of expenses as to property and
casualty insurance. (1) For any calendar year after its first
two full calendar years of operation, no domestic mutual
insurer on the cash premium plan, other than one issuing
nonassessable policies, shall incur any costs or expense in
the writing or administration of property, disability, and
casualty insurances (other than boiler and machinery or
elevator) transacted by it which, exclusive of losses paid,
loss adjustment expenses, investment expenses, dividends,
and taxes exceeds the sum of
(a) forty percent of the net premium income during that
year after deducting therefrom net earned reinsurance
premiums for such year, plus
(b) all of the reinsurance commissions received on
reinsurance ceded by it.
(2) The bylaws of every domestic mutual property
insurer on the assessment premium plan shall impose a
reasonable limitation upon its expenses. [1949 c 190 § 8;
1947 c 79 § .09.18; Rem. Supp. 1949 § 45.09.18.]
[Title 48 RCW—page 37]
48.09.190
Title 48 RCW: Insurance
48.09.190 Procedure upon violation of limitation.
The officers and directors of an insurer violating RCW
48.09.180 shall be jointly and severally liable to the insurer
for any excess of expenses incurred. If the insurer fails to
exercise reasonable diligence or refuses to enforce such
liability, the commissioner may prosecute action thereon for
the benefit of the insurer. Such failure or refusal constitutes
grounds for revocation of the insurer’s certificate of authority. [1947 c 79 § .09.19; Rem. Supp. 1947 § 45.09.19.]
48.09.210 Limitation of action on officer’s salary.
No action to recover, or on account of, any salary or other
compensation due or claimed to be due any officer or
director of a domestic mutual insurer, or on any note or
agreement relative thereto, shall be brought against such
insurer after twelve months after the date on which such
salary or compensation, or any installment thereof, first
accrued. [1947 c 79 § .09.21; Rem. Supp. 1947 § 45.09.21.]
48.09.220 Contingent liability of members. (1) Each
member of a domestic mutual insurer, except as otherwise
provided in this chapter, shall have a contingent liability, pro
rata and not one for another, for the discharge of its obligations. The contingent liability shall be in such maximum
amount as is stated in the insurer’s articles of incorporation,
but shall be not less than one, nor more than five, additional
premiums for the member’s policy at the annual premium
rate and for a term of one year.
(2) Every policy issued by the insurer shall contain a
statement of the contingent liability.
(3) Termination of the policy of any such member shall
not relieve the member of contingent liability for his
proportion of the obligations of the insurer which accrued
while the policy was in force. [1949 c 190 § 9; 1947 c 79
§ .09.22; Rem. Supp. 1949 § 45.09.22.]
48.09.230 Assessment of members. (1) If at any time
the assets of a domestic mutual insurer doing business on the
cash premium plan are less than its liabilities and the
minimum surplus, if any, required of it by this code as
prerequisite for continuance of its certificate of authority,
and the deficiency is not cured from other sources, its
directors may, if approved by the commissioner, make an
assessment only on its members who at any time within the
twelve months immediately preceding the date such assessment was authorized by its directors held policies providing
for contingent liability.
(2) Such an assessment shall be for such an amount of
money as is required, in the opinion of the commissioner, to
render the insurer fully solvent, but not to result in surplus
in excess of five percent of the insurer’s liabilities as of the
date of the assessment.
(3) A member’s proportionate part of any such assessment shall be computed by applying to the premium earned,
during the period since the deficiency first appeared, on his
contingently liable policy or policies the ratio of the total
assessment to the total premium earned during such period
on all contingently liable policies which are subject to the
assessment.
(4) No member shall have an offset against any assessment for which he is liable on account of any claim for
[Title 48 RCW—page 38]
unearned premium or losses payable. [1949 c 190 § 10;
1947 c 79 § .09.23; Rem. Supp. 1949 § 45.09.23.]
48.09.240 Contingent liability of members of
assessment insurer. The contingent liability of members of
a domestic mutual insurer doing business on the assessment
premium plan shall be called upon and enforced by its
directors as provided in its bylaws. [1947 c 79 § .09.24;
Rem. Supp. 1947 § 45.09.24.]
48.09.250 Contingent liability as asset. Any contingent liability of members of a domestic mutual insurer to
assessment does not constitute an asset of the insurer in any
determination of its financial condition. [1949 c 190 § 11;
1947 c 79 § .09.25; Rem. Supp. 1949 § 45.09.25.]
48.09.260 Liability as lien on policy reserves. As to
life insurance, any portion of an assessment of contingent
liability upon a policyholder which remains unpaid following
notice of such assessment, demand for payment, and lapse of
a reasonable waiting period as specified in such notice, may,
if approved by the commissioner, be secured by placing a
lien on the reserves held by the insurer to the credit of such
policyholder. [1949 c 190 § 12; 1947 c 79 § .09.26; Rem.
Supp. 1949 § 45.09.26.]
48.09.270 Nonassessable policies. (1) A domestic
mutual insurer on the cash premium plan, after it has
established a surplus not less in amount than the minimum
capital funds required of a domestic stock insurer to transact
like kinds of insurance, and for so long as it maintains such
surplus, may extinguish the contingent liability of its
members to assessment and omit provisions imposing
contingent liability in all policies currently issued.
(2) Any deposit made with the commissioner as a
prerequisite to the insurer’s certificate of authority may be
included as part of the surplus required in this section.
(3) When the surplus has been so established and the
commissioner has so ascertained, he shall issue to the
insurer, at its request, his certificate authorizing the extinguishment of the contingent liability of its members and the
issuance of policies free therefrom.
(4) While it maintains surplus funds in amount not less
than the minimum capital required of a domestic stock
insurer authorized to transact like kinds of insurance, and
subject to the requirements of RCW 48.05.360 as to special
surplus, a foreign or alien mutual insurer on the cash
premium plan may, if consistent with its charter and the laws
of its domicile, issue nonassessable policies covering subjects
located, resident, or to be performed in this state. [1963 c
195 § 4; 1947 c 79 § .09.27; Rem. Supp. 1947 § 45.09.27.]
48.09.280 Qualification on issuance of nonassessable
policies. The commissioner shall not authorize a domestic
mutual insurer so to extinguish the contingent liability of any
of its members or in any of its policies to be issued, unless
it qualifies to and does extinguish such liability of all its
members and in all such policies for all kinds of insurance
transacted by it. Except, that if required by the laws of
another state in which such an insurer is transacting insurance as an authorized insurer, the insurer may issue policies
(2002 Ed.)
Mutual Insurers
providing for the contingent liability of such of its members
as may acquire such policies in such state, and need not
extinguish the contingent liability applicable to policies
theretofore in force in such state. [1947 c 79 § .09.28; Rem.
Supp. 1947 § 45.09.28.]
48.09.290 Revocation of right to issue nonassessable
policies. (1) The commissioner shall revoke the authority of
a domestic mutual insurer so to extinguish the contingent
liability of its members if
(a) at any time the insurer’s assets are less than the sum
of its liabilities and the surplus required for such authority,
or
(b) the insurer, by resolution of its directors approved by
its members, requests that the authority be revoked.
(2) Upon revocation of such authority for any cause, the
insurer shall not thereafter issue any policies without
contingent liability, nor renew any policies then in force
without written endorsement thereon providing for contingent
liability. [1947 c 79 § .09.29; Rem. Supp. 1947 § 45.09.29.]
48.09.300 Dividends. (1) The directors of a domestic
mutual insurer on the cash premium plan may from time to
time apportion and pay to its members as entitled thereto,
dividends only out of that part of its surplus funds which are
in excess of its required minimum surplus and which
represent net realized savings and net realized earnings from
its business.
(2) Any classification of its participating policies and of
risks assumed thereunder which the insurer may make shall
be reasonable. No dividend shall be paid which is inequitable, or which unfairly discriminates as between such classifications or as between policies within the same classification.
(3) No dividend, otherwise earned, shall be made
contingent upon the payment of renewal premium on any
policy. [1947 c 79 § .09.30; Rem. Supp. 1947 § 45.09.30.]
48.09.310 Nonparticipating policies. (1) If its
articles of incorporation so provide, a domestic mutual
insurer on the cash premium plan may, while it is authorized
to issue policies without contingent liability to assessment,
issue policies not entitled to participate in the insurer’s savings and earnings.
(2) Such insurer shall not issue in this state both participating and nonparticipating policies for the same class of
risks; except, that both participating and nonparticipating life
insurance policies may be issued if the right or absence of
the right to participate is reasonably related to the premium
charged. [1947 c 79 § .09.31; Rem. Supp. 1947 § 45.09.31.]
48.09.320 Borrowed capital. (1) A domestic mutual
insurer on the cash premium plan may, with the
commissioner’s advance approval and without the pledge of
any of its assets, borrow money to defray the expenses of its
organization or for any purpose required by its business,
upon an agreement that such money and such interest
thereon as may be agreed upon, but not exceeding six
percent per annum, shall be repaid only out of the insurer’s
earned surplus in excess of its required minimum surplus.
(2002 Ed.)
48.09.280
(2) Any money so borrowed shall not form a part of the
insurer’s legal liabilities or be the basis of any setoff; but
until repaid, financial statements filed or published by the
insurer shall show as a footnote thereto the amount thereof
then unpaid together with interest thereon accrued but
unpaid.
(3) The commissioner’s approval of such loan, if
granted, shall specify the amount to be borrowed, the
purpose for which the money is to be used, the terms and
form of the loan agreement, the date by which the loan must
be completed, and such other related matters as the commissioner shall deem proper. If the money is to be borrowed
upon multiple agreements, the agreements shall be serially
numbered. No loan agreement or series thereof shall have
or be given any preferential rights over any other such loan
agreement or series. No commission or promotional expense
shall be incurred or be paid on account of any such loan.
[1947 c 79 § .09.32; Rem. Supp. 1947 § 45.09.32.]
48.09.330 Repayment of borrowed capital. (1) The
insurer may repay any loan received pursuant to RCW
48.09.320, or any part thereof as approved by the commissioner, only out of its funds which represent such loan or
realized net earned surplus. No repayment shall be made
which reduces the insurer’s surplus below the minimum
surplus required for the kinds of insurance transacted.
(2) The insurer shall repay any such loan or the largest
possible part thereof when the purposes for which such funds
were borrowed have been fulfilled and when the insurer’s
surplus is adequate to so repay without unreasonable impairment of the insurer’s operations.
(3) No repayment of such loan shall be made unless
approved by the commissioner. The insurer shall notify the
commissioner in writing not less than sixty days in advance
of its intention to repay such loan or any part thereof, and
the commissioner shall forthwith ascertain whether the
insurer’s financial condition is such that the repayment can
properly be made.
(4) Upon dissolution and liquidation of the insurer, after
the retirement of all its other outstanding obligations the
holders of any such loan agreements then remaining unpaid
shall be entitled to payment before any distribution of
surplus is made to the insurer’s members. [1949 c 190 § 13;
1947 c 79 § .09.33; Rem. Supp. 1949 § 45.09.33.]
48.09.340 Impairment of surplus. (1) If the assets
of a domestic mutual insurer on the cash premium plan fall
below the amount of its liabilities, plus the amount of any
surplus required by this code for the kinds of insurance
authorized to be transacted, the commissioner shall at once
ascertain the amount of the deficiency and serve notice upon
the insurer to cure the deficiency within ninety days after
such service of notice.
(2) If the deficiency is not made good in cash or in
assets eligible under this code for the investment of the
insurer’s funds, and proof thereof filed with the commissioner within such ninety-day period, the insurer shall be deemed
insolvent and shall be proceeded against as authorized by
this code.
(3) If the deficiency is not made good the insurer shall
not issue or deliver any policy after the expiration of such
[Title 48 RCW—page 39]
48.09.340
Title 48 RCW: Insurance
ninety-day period. Any officer or director who violates or
knowingly permits the violating of this provision shall be
subject to a fine of from fifty dollars to one thousand dollars
for each violation. [1949 c 190 § 14; 1947 c 79 § 09.34;
Rem. Supp. 1949 § 45.09.34.]
48.09.350 Reorganization of mutual as stock
insurer—Reinsurance—Approval. (1) Upon satisfaction
of the requirements applicable to the formation of a domestic
stock insurer, a domestic mutual insurer may be reorganized
as a stock corporation, pursuant to a plan of reorganization
as approved by the commissioner.
(2) A domestic mutual insurer may be wholly reinsured
in and its assets transferred to and its liabilities assumed by
another mutual or stock insurer under such terms and
conditions as are approved by the commissioner in advance
of such reinsurance.
(3) The commissioner shall not approve any such
reorganization plan or reinsurance agreement which does not
determine the amount of and make adequate provision for
paying to members of such mutual insurer, reasonable
compensation for their equities as owners of such insurer,
such compensation to be apportioned to members as identified and in the manner prescribed in RCW 48.09.360. The
procedure for approval by the commissioner of any such
reorganization plan or reinsurance agreement shall be the
same as the procedure for approval by the commissioner of
a plan of merger or consolidation under RCW 48.31.010.
Approval at a corporate meeting of members by twothirds of the then members of a domestic mutual insurer who
vote on the plan or agreement pursuant to such notice and
procedure as was approved by the commissioner shall
constitute approval of any such reorganization plan or
reinsurance agreement by the insurer’s members. [1984 c 23
§ 1; 1983 1st ex.s. c 32 § 1; 1947 c 79 § .09.35; Rem. Supp.
1947 § 45.09.35.]
48.09.360 Distribution of assets and ownership
equities upon liquidation. (1) Upon the liquidation of a
domestic mutual insurer, its assets remaining after discharge
of its indebtedness and policy obligations shall be distributed
to its members who were such within the thirty-six months
prior to the last termination of its certificate of authority.
(2) Upon the reorganization of a domestic mutual
insurer as a domestic stock insurer under RCW 48.09.350(1)
or upon reinsurance of the whole of the liabilities and
transfer of all the assets of a domestic mutual insurer under
RCW 48.09.350(2), the ownership equities of members of
the domestic mutual insurer shall be distributed to its
members who were such on an eligibility date stated in the
reorganization plan or reinsurance agreement, or who were
such within the thirty-six months prior to such eligibility
date. Such eligibility date shall be either the date on which
the reorganization plan or reinsurance agreement is adopted
by resolution of the board of directors of the domestic
mutual insurer, or the date on which the reorganization plan
or reinsurance agreement is approved by a vote of the
members, or the date which ends a calendar quarter during
which either of such actions is taken.
(3) Upon the liquidation of a domestic mutual insurer,
the distributive share of each such member shall be in the
[Title 48 RCW—page 40]
proportion that the aggregate premiums earned by the insurer
on the policies of the member during the thirty-six months
before the last termination of the insurer’s certificate of
authority, bear to the aggregate of all premiums so earned on
the policies of all such members during the same thirty-six
months.
(4) Upon the reorganization of a domestic mutual
insurer as a domestic stock insurer under RCW 48.09.350(1)
or upon reinsurance of the whole of the liabilities and
transfer of all the assets of a domestic mutual insurer under
RCW 48.09.350(2), the distributive share of each member
entitled thereto shall be in the proportion that the aggregate
premiums earned by the insurer on the policies in force of
that member during the thirty-six months before the eligibility date established under RCW 48.09.360(2) bear to the
aggregate of all premiums so earned during the same thirtysix months on all the policies in force of all such members
who are entitled to a distributive share.
(5) If a life insurer, the insurer shall make a reasonable
classification of its life insurance policies so held by such
members entitled to a distributive share and a formula based
upon such classification for determining the equitable
distributive share of each such member. Such classification
and formula shall be subject to the commissioner’s approval.
[1984 c 23 § 2; 1947 c 79 § .09.36; Rem. Supp. 1947 §
45.09.36.]
Chapter 48.10
RECIPROCAL INSURERS
Sections
48.10.010 "Reciprocal insurance" defined.
48.10.020 "Reciprocal insurer" defined.
48.10.030 Scope of chapter.
48.10.050 Insuring powers of reciprocals.
48.10.055 Real property—Attorney’s duty.
48.10.060 Name—Suits.
48.10.070 Surplus funds required.
48.10.080 Attorney.
48.10.090 Organization of reciprocal.
48.10.100 Policies of original subscribers, effective when.
48.10.110 Certificate of authority.
48.10.120 Power of attorney.
48.10.130 Modification of subscriber’s agreement or power of attorney.
48.10.140 Attorney’s bond.
48.10.150 Deposit in lieu of bond.
48.10.160 Actions on bond.
48.10.170 Service of legal process.
48.10.180 Annual statement.
48.10.190 Attorney’s contribution—Repayment.
48.10.200 Determination of financial condition.
48.10.220 Who may become subscriber.
48.10.230 Subscribers’ advisory committee.
48.10.250 Assessment liability of subscriber.
48.10.260 Action against subscriber requires judgment against insurer.
48.10.270 Assessments.
48.10.280 Time limit for assessment.
48.10.290 Aggregate liability.
48.10.300 Nonassessable policies.
48.10.310 Return of savings to subscribers.
48.10.320 Distribution of assets upon liquidation.
48.10.330 Merger—Conversion to stock or mutual insurer.
48.10.340 Impairment of assets—Procedure.
Dividends not to be guaranteed: RCW 48.30.100.
Merger or consolidation: RCW 48.31.010.
Organization of domestic insurers: Chapter 48.06 RCW.
Policy dividends are payable to real party in interest: RCW 48.18.340.
(2002 Ed.)
Reciprocal Insurers
48.10.010 "Reciprocal insurance" defined. "Reciprocal insurance" is that resulting from an interexchange
among persons, known as "subscribers," of reciprocal
agreements of indemnity, the interexchange being effectuated
through an "attorney in fact" common to all such persons.
[1947 c 79 § .10.01; Rem. Supp. 1947 § 45.10.01.]
48.10.020 "Reciprocal insurer" defined. A "reciprocal insurer" means an unincorporated aggregation of subscribers operating individually and collectively through an
attorney in fact to provide reciprocal insurance among
themselves. [1947 c 79 § .10.02; Rem. Supp. 1947 §
45.10.02.]
48.10.030 Scope of chapter. All authorized reciprocal
insurers shall be governed by those sections of this chapter
not expressly made applicable to domestic reciprocal
insurers. [1947 c 79 § .10.03; Rem. Supp. 1947 § 45.10.03.]
48.10.050 Insuring powers of reciprocals. (1) A
reciprocal insurer may, upon qualifying therefor as provided
by this code, transact any kind or kinds of insurance defined
by this code, other than life or title insurances.
(2) A reciprocal insurer may purchase reinsurance upon
the risk of any subscriber, and may grant reinsurance as to
any kind of insurance which it is authorized to transact
direct. [1947 c 79 § .10.05; Rem. Supp. 1947 § 45.10.05.]
48.10.055 Real property—Attorney’s duty. A
reciprocal insurer may purchase, sell, mortgage, encumber,
lease, or otherwise affect the title to real property for the
purposes and objects of the reciprocal insurer. All deeds,
notes, mortgages, or other documents relating to the real
property may be executed in the name of the reciprocal
insurer by its attorney. [1991 c 266 § 1.]
48.10.060 Name—Suits. A reciprocal insurer shall:
(1) Have and use a business name. The name shall
include the word "reciprocal," or "interinsurer," or "interinsurance," or "exchange," or "underwriters," or "underwriting."
(2) Sue and be sued in its own name. [1947 c 79 §
.10.06; Rem. Supp. 1947 § 45.10.06.]
48.10.070 Surplus funds required. (1) A domestic
reciprocal insurer hereafter formed, if it has otherwise
complied with the provisions of this code, may be authorized
to transact insurance if it initially possesses surplus in an
amount equal to or exceeding the capital and surplus
requirements required under RCW 48.05.340(1) plus special
surplus, if any, required under RCW 48.05.360 and thereafter
possesses, and maintains surplus funds equal to the paid-in
capital stock required under RCW 48.05.340 of a stock
insurer transacting like kinds of insurance, and the special
surplus, if any, required under RCW 48.05.360.
(2) A domestic reciprocal insurer which under prior
laws held authority to transact insurance in this state may
continue to be so authorized so long as it otherwise qualifies
therefor and maintains surplus funds in amount not less than
(2002 Ed.)
48.10.010
as required under laws of this state in force at the time such
authority to transact insurance in this state was granted.
(3) A domestic reciprocal insurer heretofore formed
shall maintain on deposit with the commissioner surplus
funds of not less than the sum of one hundred thousand
dollars, and to transact kinds of insurance transacted by it in
addition to that authorized by its original certificate of
authority, shall have and maintain surplus (including the
amount of such deposit) in amount not less than the paid-in
capital stock required under RCW 48.05.340(1) plus special
surplus, if any, required under RCW 48.05.360, of a domestic stock insurer formed after 1967 and transacting the same
kinds of insurance. Such additional surplus funds need not
be deposited with the commissioner. [1985 c 264 § 4; 1975
1st ex.s. c 266 § 5; 1963 c 195 § 5; 1947 c 79 § .10.07;
Rem. Supp. 1947 § 45.10.07.]
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.10.080 Attorney. (1) "Attorney" as used in this
chapter refers to the attorney in fact of a reciprocal insurer.
The attorney may be an individual, firm, or corporation.
(2) The attorney of a foreign or alien reciprocal insurer,
which insurer is duly authorized to transact insurance in this
state, shall not, by virtue of discharge of its duties as such
attorney with respect to the insurer’s transactions in this
state, be thereby deemed to be doing business in this state
within the meaning of any laws of this state applying to
foreign persons, firms, or corporations.
(3) The subscribers and the attorney in fact comprise a
reciprocal insurer and a single entity for the purposes of
chapter 48.14 RCW as to all operations under the insurer’s
certificate of authority. [1965 ex.s. c 70 § 35; 1947 c 79 §
.10.08; Rem. Supp. 1947 § 45.10.08.]
48.10.090 Organization of reciprocal. (1) Twentyfive or more persons domiciled in this state may organize a
domestic reciprocal insurer and in compliance with this code
make application to the commissioner for a certificate of
authority to transact insurance.
(2) When applying for a certificate of authority, the
original subscribers and the proposed attorney shall fulfill the
requirements of and shall execute and file with the commissioner a declaration setting forth:
(a) the name of the insurer;
(b) the location of the insurer’s principal office, which
shall be the same as that of the attorney and shall be
maintained within this state;
(c) the kinds of insurance proposed to be transacted;
(d) the names and addresses of the original subscribers;
(e) the designation and appointment of the proposed
attorney and a copy of the power of attorney;
(f) the names and addresses of the officers and directors
of the attorney, if a corporation, or of its members, if a firm;
(g) the powers of the subscribers’ advisory committee
and the names and terms of office of the members thereof;
(h) that all moneys paid to the reciprocal, after deducting therefrom any sum payable to the attorney, shall be held
in the name of the insurer and for the purposes specified in
the subscriber’s agreement;
(i) a copy of the subscriber’s agreement;
[Title 48 RCW—page 41]
48.10.090
Title 48 RCW: Insurance
(j) a statement that each of the original subscribers has
in good faith applied for insurance of the kind proposed to
be transacted, and that the insurer has received from each
such subscriber the full premium or premium deposit
required for the policy applied for, for a term of not less
than six months at the rate theretofore filed with and
approved by the commissioner;
(k) a statement of the financial condition of the insurer,
a schedule of its assets, and a statement that the surplus as
required by RCW 48.10.070 is on hand;
(l) a copy of each policy, endorsement, and application
form it then proposes to issue or use.
Such declaration shall be acknowledged by each such
subscriber and by the attorney in the manner required for the
acknowledgment of deeds to real estate. [1947 c 79 §
.10.09; Rem. Supp. 1947 § 45.10.09.]
48.10.100 Policies of original subscribers, effective
when. Any policy applied for by an original subscriber shall
become effective coincidentally with the issuance of a
certificate of authority to the reciprocal insurer. [1947 c 79
§ .10.10; Rem. Supp. 1947 § 45.10.10.]
48.10.110 Certificate of authority. (1) The certificate
of authority of a reciprocal insurer shall be issued to its
attorney in the name of the insurer.
(2) The commissioner may refuse, suspend, or revoke
the certificate of authority, in addition to other grounds
therefor, for failure of its attorney to comply with any
provision of this code. [1947 c 79 § .10.11; Rem. Supp.
1947 § 45.10.11.]
48.10.120 Power of attorney. (1) The rights and
powers of the attorney of a reciprocal insurer shall be as
provided in the power of attorney given it by the subscribers.
(2) The power of attorney must set forth:
(a) The powers of the attorney;
(b) that the attorney is empowered to accept service of
process on behalf of the insurer and to authorize the commissioner to receive service of process in actions against the
insurer upon contracts exchanged;
(c) the services to be performed by the attorney in
general;
(d) the maximum amount to be deducted from advance
premiums or deposits to be paid to the attorney;
(e) except as to nonassessable policies, a provision for
a contingent several liability of each subscriber in a specified
amount which amount shall be not less than one nor more
than ten times the premium or premium deposit stated in the
policy.
(3) The power of attorney may:
(a) Provide for the right of substitution of the attorney
and revocation of the power of attorney and rights thereunder;
(b) impose such restrictions upon the exercise of the
power as are agreed upon by the subscribers;
(c) provide for the exercise of any right reserved to the
subscribers directly or through their advisory committee;
(d) contain other lawful provisions deemed advisable.
(4) The terms of any power of attorney or agreement
collateral thereto shall be reasonable and equitable, and no
[Title 48 RCW—page 42]
such power or agreement or any amendment thereof, shall be
used or be effective in this state until approved by the
commissioner. [1949 c 190 § 15; 1947 c 79 § .10.12; Rem.
Supp. 1949 § 45.10.12.]
48.10.130 Modification of subscriber’s agreement or
power of attorney. Modification of the terms of the
subscriber’s agreement or of the power of attorney of a
domestic reciprocal insurer shall be made jointly by the
attorney and the subscribers’ advisory committee. No such
modification shall be effective retroactively, nor as to any
insurance contract issued prior thereto. [1947 c 79 § .10.13;
Rem. Supp. 1947 § 45.10.13.]
48.10.140 Attorney’s bond. (1) Concurrently with
the filing of the declaration provided for in RCW 48.10.090,
(or, if an existing domestic reciprocal insurer, within ninety
days after the effective date of this code) the attorney of a
domestic reciprocal shall file with the commissioner a bond
running to the state of Washington. The bond shall be
executed by the attorney and by an authorized corporate
surety, and shall be subject to the commissioner’s approval.
(2) The bond shall be in the penal sum of twenty-five
thousand dollars, conditioned that the attorney will faithfully
account for all moneys and other property of the insurer
coming into his hands, and that he will not withdraw or
appropriate for his own use from the funds of the insurer any
moneys or property to which he is not entitled under the
power of attorney.
(3) The bond shall provide that it is not subject to
cancellation unless thirty days advance notice in writing of
intent to cancel is given to both the attorney and the commissioner. [1947 c 79 § .10.14; Rem. Supp. 1947 §
45.10.14.]
48.10.150 Deposit in lieu of bond. In lieu of such
bond, the attorney may maintain on deposit with the commissioner a like amount in cash or in value of securities
qualified under this code as insurers’ investments, and
subject to the same conditions as the bond. [1947 c 79 §
.10.15; Rem. Supp. 1947 § 45.10.15.]
48.10.160 Actions on bond. Action on the attorney’s
bond or to recover against any such deposit made in lieu
thereof may be brought at any one time by one or more
subscribers suffering loss through a violation of the conditions thereof or by a receiver or liquidator of the insurer.
Amounts so recovered shall be deposited in and become part
of the insurer’s funds. [1947 c 79 § .10.16; Rem. Supp.
1947 § 45.10.16.]
48.10.170 Service of legal process. (1) A certificate
of authority shall not be issued to a domestic reciprocal
insurer unless prior thereto the attorney has executed and
filed with the commissioner the insurer’s irrevocable
authorization of the commissioner to receive legal process
issued in this state against the insurer upon any cause of
action arising within this state.
(2) The provisions of RCW 48.05.210 shall apply to
service of such process upon the commissioner.
(2002 Ed.)
Reciprocal Insurers
48.10.170
(3) In lieu of service on the commissioner, legal process
may be served upon a domestic reciprocal insurer by serving
the insurer’s attorney at his principal offices.
(4) Any judgment against the insurer based upon legal
process so served shall be binding upon each of the insurer’s
subscribers as their respective interests may appear and in an
amount not exceeding their respective contingent liabilities.
[1947 c 79 § .10.17; Rem. Supp. 1947 § 45.10.17.]
(b) supervise the insurer’s operations to such extent as
to assure their conformity with the subscribers’ agreement
and power of attorney;
(c) procure the audit of the accounts and records of the
insurer and of the attorney at the expense of the insurer;
(d) have such additional powers and functions as may
be conferred by the subscribers’ agreement. [1947 c 79 §
.10.23; Rem. Supp. 1947 § 45.10.23.]
48.10.180 Annual statement. The annual statement
of a reciprocal insurer shall be made and filed by the
attorney. [1947 c 79 § .10.18; Rem. Supp. 1947 § 45.10.18.]
48.10.250 Assessment liability of subscriber. (1)
The liability of each subscriber subject to assessment for the
obligations of the reciprocal insurer shall not be joint, but
shall be individual and several.
(2) Each subscriber who is subject to assessment shall
have a contingent assessment liability, in the amount
provided for in the power of attorney or in the subscribers’
agreement, for payment of actual losses and expenses incurred while his policy was in force. Such contingent
liability may be at the rate of not less than one nor more
than ten times the premium or premium deposit stated in the
policy, and the maximum aggregate thereof shall be computed in the manner set forth in RCW 48.10.290.
(3) Each assessable policy issued by the insurer shall
plainly set forth a statement of the contingent liability.
[1947 c 79 § .10.25; Rem. Supp. 1947 § 45.10.25.]
48.10.190 Attorney’s contribution—Repayment. No
contribution to a domestic reciprocal insurer’s surplus by the
attorney shall be retrievable by the attorney except under
such terms and in such circumstances as the commissioner
approves. [1947 c 79 § .10.19; Rem. Supp. 1947 §
45.10.19.]
48.10.200 Determination of financial condition. In
determining the financial condition of a reciprocal insurer the
commissioner shall apply the following rules:
(1) He shall charge as liabilities the same reserves as are
required of incorporated insurers issuing nonassessable
policies on a reserve basis.
(2) The surplus deposits of subscribers shall be allowed
as assets, except that any premium deposit delinquent for
ninety days shall first be charged against such surplus
deposit.
(3) The surplus deposits of subscribers shall not be
charged as a liability.
(4) All premium deposits delinquent less than ninety
days shall be allowed as assets.
(5) An assessment levied upon subscribers, and not
collected, shall not be allowed as an asset.
(6) The contingent liability of subscribers shall not be
allowed as an asset.
(7) The computation of reserves shall be based upon
premium deposits other than membership fees and without
any deduction for the compensation of the attorney. [1947
c 79 § .10.20; Rem. Supp. 1947 § 45.10.20.]
48.10.220 Who may become subscriber. Any
person, government or governmental agency, state or
political subdivision thereof, public or private corporation,
board, association, estate, trustee, or fiduciary may be a
subscriber of a reciprocal insurer. [1947 c 79 § .10.22;
Rem. Supp. 1947 § 45.10.22.]
48.10.230 Subscribers’ advisory committee. (1) The
advisory committee of a domestic reciprocal insurer exercising the subscribers’ rights shall be selected under such rules
as the subscribers adopt.
(2) Not less than three-fourths of such committee shall
be composed of subscribers other than the attorney, or any
person employed by, representing, or having a financial
interest in the attorney.
(3) The committee shall:
(a) Supervise the finances of the insurer;
(2002 Ed.)
48.10.260 Action against subscriber requires
judgment against insurer. (1) No action shall lie against
any subscriber upon any obligation claimed against the
insurer until a final judgment has been obtained against the
insurer and remains unsatisfied for thirty days.
(2) Any such judgment shall be binding upon each
subscriber only in such proportion as his interests may
appear and in an amount not exceeding his contingent
liability, if any. [1947 c 79 § .10.26; Rem. Supp. 1947 §
45.10.26.]
48.10.270 Assessments. (1) Assessments may be
levied from time to time upon the subscribers of a domestic
reciprocal insurer, other than as to nonassessable policies, by
the attorney upon approval in advance by the subscribers’
advisory committee and the commissioner; or by the commissioner in liquidation of the insurer.
(2) Each such subscriber’s share of a deficiency for
which an assessment is made, not exceeding in any event his
aggregate contingent liability as computed in accordance
with RCW 48.10.290, shall be computed by applying to the
premium earned on the subscriber’s policy or policies during
the period to be covered by the assessment, the ratio of the
total deficiency to the total premiums earned during such
period upon all policies subject to the assessment.
(3) In computing the earned premiums for the purposes
of this section, the gross premium received by the insurer for
the policy shall be used as a base, deducting therefrom
solely charges not recurring upon the renewal or extension
of the policy.
(4) No subscriber shall have an offset against any
assessment for which he is liable, on account of any claim
for unearned premium or losses payable. [1947 c 79 §
.10.27; Rem. Supp. 1947 § 45.10.27.]
[Title 48 RCW—page 43]
48.10.280
Title 48 RCW: Insurance
48.10.280 Time limit for assessment. Every subscriber of a domestic reciprocal insurer having contingent
liability shall be liable for, and shall pay his share of any
assessment, as computed and limited in accordance with this
chapter, if:
(1) While his policy is in force or within one year after
its termination, he is notified by either the attorney or the
commissioner of his intention to levy such assessment; or
(2) If an order to show cause why a receiver, conservator, rehabilitator, or liquidator of the insurer should not be
appointed is issued pursuant to RCW 48.31.190 while his
policy is in force or within one year after its termination.
[1947 c 79 § .10.28; Rem. Supp. 1947 § 45.10.28.]
48.10.290 Aggregate liability. No one policy or
subscriber as to such policy, shall be assessed or be charged
with an aggregate of contingent liability as to obligations
incurred by a domestic reciprocal insurer in any one calendar
year, in excess of the number of times the premium as stated
in the policy as computed solely upon premium earned on
such policy during that year. [1947 c 79 § .10.29; Rem.
Supp. 1947 § 45.10.29.]
48.10.300 Nonassessable policies. (1) Subject to the
special surplus requirements of RCW 48.05.360, if a
reciprocal insurer has a surplus of assets over all liabilities
at least equal to the minimum capital stock required of a
domestic stock insurer authorized to transact like kinds of
insurance, upon application of the attorney and as approved
by the subscribers’ advisory committee the commissioner
shall issue his certificate authorizing the insurer to extinguish
the contingent liability of subscribers under its policies then
in force in this state, and to omit provisions imposing
contingent liability in all policies delivered or issued for
delivery in this state for so long as all such surplus remains
unimpaired.
(2) Upon impairment of such surplus, the commissioner
shall forthwith revoke the certificate. No policy shall
thereafter be issued or renewed without providing for the
contingent assessment liability of subscribers.
(3) The commissioner shall not authorize a domestic
reciprocal insurer so to extinguish the contingent liability of
any of its subscribers or in any of its policies to be issued,
unless it qualifies to and does extinguish such liability of all
its subscribers and in all such policies for all kinds of
insurance transacted by it. Except, that if required by the
laws of another state in which the insurer is transacting
insurance as an authorized insurer, the insurer may issue
policies providing for the contingent liability of such of its
subscribers as may acquire such policies in such state, and
need not extinguish the contingent liability applicable to
policies theretofore in force in such state. [1983 c 3 § 148;
1947 c 79 § .10.30; Rem. Supp. 1947 § 45.10.30.]
48.10.310 Return of savings to subscribers. A
reciprocal insurer may from time to time return to its
subscribers any savings or credits accruing to their accounts.
Any such distribution shall not unfairly discriminate between
classes of risks, or policies, or between subscribers. [1947
c 79 § .10.31; Rem. Supp. 1947 § 45.10.31.]
[Title 48 RCW—page 44]
48.10.320 Distribution of assets upon liquidation.
Upon the liquidation of a domestic reciprocal insurer, its
assets remaining after discharge of its indebtedness and
policy obligations, the return of any contribution of the
attorney to its surplus made as provided in RCW 48.10.190,
and the return of any unused deposits, savings, or credits,
shall be distributed to its subscribers who were such within
the twelve months prior to the last termination of its certificate of authority according to such formula as may have
been approved by the commissioner. [1947 c 79 § .10.32;
Rem. Supp. 1947 § 45.10.32.]
48.10.330 Merger—Conversion to stock or mutual
insurer. (1) A domestic reciprocal insurer, upon affirmative
vote of not less than two-thirds of the subscribers who vote
upon such merger pursuant to such notice as may be
approved by the commissioner and with the approval of the
commissioner of the terms therefor, may merge with another
reciprocal insurer or be converted to a stock or mutual
insurer.
(2) Such a stock or mutual insurer shall be subject to
the same capital requirements and shall have the same rights
as a like domestic insurer transacting like kinds of insurance.
(3) The commissioner shall not approve any plan for
such merger or conversion which is inequitable to subscribers, or which, if for conversion to a stock insurer, does not
give each subscriber preferential right to acquire stock of the
proposed insurer proportionate to his interest in the reciprocal insurer as determined in accordance with RCW 48.10.320
and a reasonable length of time within which to exercise
such right. [1947 c 79 § .10.33; Rem. Supp. 1947 §
45.10.33.]
48.10.340 Impairment of assets—Procedure. (1) If
the assets of a domestic reciprocal insurer are at any time
insufficient to discharge its liabilities other than any liability
on account of funds contributed by the attorney, and to
maintain the surplus required for the kinds of insurance it is
authorized to transact, its attorney shall forthwith levy an
assessment upon subscribers made subject to assessment by
the terms of their policies for the amount needed to make up
the deficiency.
(2) If the attorney fails to make the assessment within
thirty days after the commissioner orders him to do so, or if
the deficiency is not fully made up within sixty days after
the date the assessment was made, the insurer shall be
deemed insolvent and shall be proceeded against as authorized by this code.
(3) If liquidation of such an insurer is ordered, an
assessment shall be levied upon the subscribers for such an
amount, subject to limits as provided by this chapter, as the
commissioner determines to be necessary to discharge all liabilities of the insurer, exclusive of any funds contributed by
the attorney, but including the reasonable cost of the liquidation. [1947 c 79 § .10.34; Rem. Supp. 1947 § 45.10.34.]
(2002 Ed.)
Insuring Powers
Chapter 48.11
INSURING POWERS
Sections
48.11.020
48.11.030
"Life insurance" defined.
"Disability insurance" defined—"Stop loss insurance" defined.
48.11.040 "Property insurance" defined.
48.11.050 "Marine and transportation insurance" defined.
48.11.060 "Vehicle insurance" defined.
48.11.070 "General casualty insurance" defined.
48.11.080 "Surety insurance" defined.
48.11.100 "Title insurance" defined.
48.11.130 Reinsurance powers.
48.11.140 Limitation of single risk.
Workers’ compensation: Title 51 RCW.
48.11.020 "Life insurance" defined. "Life insurance" is insurance on human lives and insurances appertaining thereto or connected therewith. For the purposes of this
code the transacting of life insurance includes the granting
of annuities and endowment benefits; additional benefits in
event of death by accident; additional benefits in event of the
total and permanent disability of the insured; and optional
modes of settlement of proceeds. [1947 c 79 § .11.02; Rem.
Supp. 1947 § 45.11.02.]
48.11.030 "Disability insurance" defined—"Stop
loss insurance" defined. "Disability insurance" is insurance
against bodily injury, disablement or death by accident,
against disablement resulting from sickness, and every
insurance appertaining thereto including stop loss insurance.
"Stop loss insurance" is insurance against the risk of economic loss assumed under a self-funded employee disability
benefit plan. [1992 c 226 § 1; 1947 c 79 § .11.03; Rem.
Supp. 1947 § 45.11.03.]
Application—1992 c 226: "This act applies to policies issued or
renewed on or after July 1, 1992." [1992 c 226 § 4.]
48.11.040 "Property insurance" defined. "Property
insurance" is insurance against loss of or damage to real or
personal property of every kind and any interest therein,
from any or all hazard or cause, and against loss consequential upon such loss or damage. [1947 c 79 § .11.04; Rem.
Supp. 1947 § 45.11.04.]
48.11.050 "Marine and transportation insurance"
defined. "Marine and transportation insurance" is:
(1) Insurance against loss of or damage to:
(a) Vessels, craft, aircraft, vehicles, goods, freights,
cargoes, merchandise, effects, disbursements, profits,
moneys, securities, choses in action, evidences of debt,
valuable papers, bottomry, and respondentia interests and all
other kinds of property and interests therein, in respect to,
appertaining to or in connection with any and all risks or
perils of navigation, transit or transportation, or while being
assembled, packed, crated, baled, compressed or similarly
prepared for shipment or while awaiting shipment, or during
any delays, storage, transshipment, or reshipment incident
thereto, including war risks, marine builder’s risks, and all
personal property floater risks.
(b) Person or property in connection with or appertaining to a marine, transit or transportation insurance, including
(2002 Ed.)
Chapter 48.11
liability for loss of or damage to either incident to the
construction, repair, operation, maintenance or use of the
subject matter of such insurance (but not including life insurance or surety bonds nor insurance against loss by reason of
bodily injury to any person arising out of the ownership,
maintenance, or use of automobiles).
(c) Precious stones, jewels, jewelry, precious metals,
whether in course of transportation or otherwise.
(d) Bridges, tunnels and other instrumentalities of
transportation and communication (excluding buildings, their
furniture and furnishings, fixed contents and supplies held in
storage); piers, wharves, docks and slips, and other aids to
navigation and transportation, including dry docks and
marine railways, dams and appurtenant facilities for the
control of waterways.
(2) "Marine protection and indemnity insurance,"
meaning insurance against, or against legal liability of the
insured for, loss, damage, or expense incident to ownership,
operation, chartering, maintenance, use, repair or construction of any vessel, craft or instrumentality in use in ocean or
inland waterways, including liability of the insured for
personal injury, illness or death or for loss of or damage to
the property of another person. [1947 c 79 § .11.05; Rem.
Supp. 1947 § 45.11.05.]
48.11.060 "Vehicle insurance" defined. (1) "Vehicle
insurance" is insurance against loss or damage to any land
vehicle or aircraft or any draft or riding animal or to
property while contained therein or thereon or being loaded
or unloaded therein or therefrom, and against any loss or
liability resulting from or incident to ownership, maintenance, or use of any such vehicle or aircraft or animal.
(2) Insurance against accidental death or accidental
injury to individuals while in, entering, alighting from,
adjusting, repairing, cranking, or caused by being struck by
a vehicle, aircraft, or draft or riding animal, if such insurance
is issued as part of insurance on the vehicle, aircraft, or draft
or riding animal, shall be deemed to be vehicle insurance.
[1947 c 79 § .11.06; Rem. Supp. 1947 § 45.11.06.]
48.11.070 "General casualty insurance" defined.
"General casualty insurance" includes vehicle insurance as
defined in RCW 48.11.060, and in addition is insurance:
(1) Against legal liability for the death, injury, or
disability of any human being, or for damage to property.
(2) Of medical, hospital, surgical and funeral benefits to
persons injured, irrespective of legal liability of the insured,
when issued with or supplemental to insurance against legal
liability for the death, injury or disability of human beings.
(3) Of the obligations accepted by, imposed upon, or
assumed by employers under law for workers’ compensation.
(4) Against loss or damage by burglary, theft, larceny,
robbery, forgery, fraud, vandalism, malicious mischief,
confiscation or wrongful conversion, disposal or concealment, or from any attempt of any of the foregoing; also
insurance against loss of or damage to moneys, coins,
bullion, securities, notes, drafts, acceptances or any other
valuable papers or documents, resulting from any cause,
except while in the custody or possession of and being
transported by any carrier for hire or in the mail.
[Title 48 RCW—page 45]
48.11.070
Title 48 RCW: Insurance
(5) Upon personal effects against loss or damage from
any cause.
(6) Against loss or damage to glass, including its
lettering, ornamentation and fittings.
(7) Against any liability and loss or damage to property
resulting from accidents to or explosions of boilers, pipes,
pressure containers, machinery, or apparatus and to make
inspection of and issue certificates of inspection upon
elevators, boilers, machinery, and apparatus of any kind.
(8) Against loss or damage to any property caused by
the breakage or leakage of sprinklers, water pipes and
containers, or by water entering through leaks or openings in
buildings.
(9) Against loss or damage resulting from failure of
debtors to pay their obligations to the insured (credit
insurance).
(10) Against any other kind of loss, damage, or liability
properly the subject of insurance and not within any other
kind or kinds of insurance as defined in this chapter, if such
insurance is not contrary to law or public policy. [1987 c
185 § 18; 1953 c 197 § 5; 1947 c 79 § .11.07; Rem. Supp.
1947 § 45.11.07.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.11.080 "Surety insurance" defined. "Surety
insurance" includes:
(1) Credit insurance as defined in subdivision (9) of
RCW 48.11.070.
(2) Bail bond insurance.
(3) Fidelity insurance, which is insurance guaranteeing
the fidelity of persons holding positions of public or private
trust.
(4) Guaranteeing the performance of contracts, other
than insurance policies, and guaranteeing and executing
bonds, undertakings, and contracts of suretyship.
(5) Indemnifying banks, bankers, brokers, financial or
moneyed corporations or associations against loss resulting
from any cause of bills of exchange, notes, bonds, securities,
evidence of debts, deeds, mortgages, warehouse receipts, or
other valuable papers, documents, money, precious metals
and articles made therefrom, jewelry, watches, necklaces,
bracelets, gems, precious and semi-precious stones, including
any loss while the same are being transported in armored
motor vehicles, or by messenger, but not including any other
risks of transportation or navigation; also against loss or
damage to such an insured’s premises, or to his furnishings,
fixtures, equipment, safes and vaults therein, caused by
burglary, robbery, theft, vandalism or malicious mischief, or
any attempt thereat. [1967 c 150 § 8; 1947 c 79 § .11.08;
Rem. Supp. 1947 § 45.11.08.]
48.11.100 "Title insurance" defined. "Title insurance" is insurance of owners of property or others having an
interest therein, against loss by encumbrance, or defective
titles, or adverse claim to title, and services connected
therewith. [1947 c 79 § .11.10; Rem. Supp. 1947 §
45.11.10.]
48.11.130 Reinsurance powers. A domestic mutual
assessment insurer shall not have authority to accept reinsur[Title 48 RCW—page 46]
ance. Any other domestic insurer may accept reinsurance
only of such kinds of insurance as it is authorized to transact
direct. [1947 c 79 § .11.13; Rem. Supp. 1947 § 45.11.13.]
48.11.140 Limitation of single risk. (1) No insurer
shall retain any risk on any one subject of insurance,
whether located or to be performed in this state or elsewhere, in an amount exceeding ten percent of its surplus to
policyholders.
(2) For the purposes of this section, a "subject of
insurance" as to insurance against fire includes all properties
insured by the same insurer which are reasonably subject to
loss or damage from the same fire.
(3) Reinsurance in an alien reinsurer not qualified under
*RCW 48.05.300 may not be deducted in determining risk
retained for the purposes of this section.
(4) In the case of surety insurance, the net retention
shall be computed after deduction of reinsurances, the
amount assumed by any co-surety, the value of any security
deposited, pledged, or held subject to the consent of the
surety and for the protection of the surety.
(5) This section does not apply to life insurance,
disability insurance, title insurance, or insurance of marine
risks or marine protection and indemnity risks. [1993 c 462
§ 53; 1983 c 3 § 149; 1959 c 225 § 2; 1947 c 79 § .11.14;
Rem. Supp. 1947 § 45.11.14.]
*Reviser’s note: RCW 48.05.300 was repealed by 1997 c 379 § 10.
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Chapter 48.12
ASSETS AND LIABILITIES
Sections
48.12.010
48.12.020
48.12.030
48.12.040
48.12.050
48.12.060
48.12.070
48.12.080
48.12.090
48.12.100
48.12.110
48.12.120
48.12.130
48.12.140
48.12.154
48.12.156
48.12.158
48.12.160
48.12.162
48.12.164
48.12.166
48.12.168
48.12.170
48.12.180
48.12.190
48.12.200
"Assets" defined.
Nonallowable assets.
Liabilities.
Unearned premium reserve, property, casualty, and surety
insurance.
Unearned premium reserve, marine and transportation insurance.
Reserve—Disability insurance.
Loss records.
Increased reserves.
Loss reserves—Liability insurance.
Unallocated liability loss expense.
Schedule of experience.
Loss reserve—Workers’ compensation insurance.
Unallocated workers’ compensation loss expense.
"Loss payments," "loss expense" defined.
Rules.
Qualified United States financial institution—Definition.
Insolvency of non-United States insurer or reinsurer—
Maintenance of assets—Claims.
Credit for reinsurance—Trust fund—Regulatory oversight.
Credit for reinsurance—Contract provisions—After December 31, 1996—Payment—Rights of original insured or
policyholder.
Credit for reinsurance—Accounting or financial statement—
After December 31, 1996.
Assuming alien reinsurer—Registration—Requirements—
Duties of commissioner—Costs.
Credit for reinsurance—Foreign ceding insurer.
Valuation of bonds.
Valuation of stocks.
Valuation of property.
Valuation of purchase money mortgages.
(2002 Ed.)
Assets and Liabilities
48.12.010 "Assets" defined. In any determination of
the financial condition of any insurer there shall be allowed
as assets only such assets as belong wholly and exclusively
to the insurer, which are registered, recorded, or held under
the insurer’s name, and which consist of:
(1) Cash in the possession of the insurer or in transit
under its control, and the true balance of any deposit of the
insurer in a solvent bank or trust company;
(2) Investments, securities, properties, and loans
acquired or held in accordance with this code, and in
connection therewith the following items:
(a) Interest due or accrued on any bond or evidence of
indebtedness which is not in default and which is not valued
on a basis including accrued interest.
(b) Declared and unpaid dividends on stocks and shares
unless such amount has otherwise been allowed as an asset.
(c) Interest due or accrued upon a collateral loan in an
amount not to exceed one year’s interest thereon.
(d) Interest due or accrued on deposits in solvent banks
and trust companies, and interest due or accrued on other
assets if such interest is in the judgment of the commissioner
a collectible asset.
(e) Interest due or accrued on a mortgage loan, in
amount not exceeding in any event the amount, if any, of the
difference between the unpaid principal and the value of the
property less delinquent taxes thereon; but if any interest on
the loan is in default more than eighteen months, or if any
interest on the loan is in default and any taxes or any
installment thereof on the property are and have been due
and unpaid for more than eighteen months, no allowance
shall be made for any interest on the loan.
(f) Rent due or accrued on real property if such rent is
not in arrears for more than three months.
(3) Premium notes, policy loans, and other policy assets
and liens on policies of life insurance, in amount not
exceeding the legal reserve and other policy liabilities carried
on each individual policy;
(4) The net amount of uncollected and deferred premiums in the case of a life insurer which carries the full annual
mean tabular reserve liability;
(5) Premiums in the course of collection, other than for
life insurance, not more than ninety days past due, less
commissions payable thereon. The foregoing limitation shall
not apply to premiums payable directly or indirectly by the
United States government or any of its instrumentalities;
(6) Installment premiums other than life insurance
premiums, in accordance with regulations prescribed by the
commissioner consistent with practice formulated or adopted
by the National Association of Insurance Commissioners;
(7) Notes and like written obligations not past due,
taken for premiums other than life insurance premiums, on
policies permitted to be issued on such basis, to the extent
of the unearned premium reserves carried thereon and unless
otherwise required by regulation prescribed by the commissioner;
(8) Reinsurance recoverable subject to RCW 48.12.160;
(9) Amounts receivable by an assuming insurer representing funds withheld by a solvent ceding insurer under a
reinsurance treaty;
(10) Deposits or equities recoverable from underwriting
associations, syndicates and reinsurance funds, or from any
suspended banking institution, to the extent deemed by the
(2002 Ed.)
48.12.010
commissioner available for the payment of losses and claims
and at values to be determined by him;
(11) Electronic and mechanical machines constituting a
data processing and accounting system if the cost of such
system is at least twenty-five thousand dollars, which cost
shall be amortized in full over a period not to exceed ten
calendar years; and
(12) Other assets, not inconsistent with the foregoing
provisions, deemed by the commissioner available for the
payment of losses and claims, at values to be determined by
him. [1977 ex.s. c 180 § 2; 1963 c 195 § 11; 1947 c 79 §
.12.01; Rem. Supp. 1947 § 45.12.01.]
48.12.020 Nonallowable assets. In addition to assets
impliedly excluded under RCW 48.12.010, the following
expressly shall not be allowed as assets in any determination
of the financial condition of an insurer:
(1) Goodwill, except in accordance with regulations
prescribed by the commissioner, trade names, agency plants
and other like intangible assets.
(2) Prepaid or deferred charges for expenses and
commissions paid by the insurer.
(3) Advances to officers (other than policy loans or
loans made pursuant to RCW 48.07.130), whether secured or
not, and advances to employees, agents and other persons on
personal security only.
(4) Stock of such insurer, owned by it, or any equity
therein or loans secured thereby, or any proportionate
interest in such stock through the ownership by such insurer
of an interest in another firm, corporation or business unit.
(5) Furniture, furnishings, fixtures, safes, equipment,
vehicles, library, stationery, literature, and supplies; except,
electronic and mechanical machines authorized by subsection
(11) of RCW 48.12.010, or such personal property as the
insurer is permitted to hold pursuant to paragraph (e) of
subsection (2) of RCW 48.13.160, or which is acquired
through foreclosure of chattel mortgages acquired pursuant
to RCW 48.13.150, or which is reasonably necessary for the
maintenance and operation of real estate lawfully acquired
and held by the insurer other than real estate used by it for
home office, branch office, and similar purposes.
(6) The amount, if any, by which the aggregate book
value of investments as carried in the ledger assets of the
insurer exceeds the aggregate value thereof as determined
under this code. [1982 c 218 § 1; 1963 c 195 § 12; 1947 c
79 § .12.02; Rem. Supp. 1947 § 45.12.02.]
Severability—1982 c 218: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1982 c 218 § 7.]
48.12.030 Liabilities. In any determination of the
financial condition of an insurer, liabilities to be charged
against its assets shall include:
(1) The amount of its capital stock outstanding, if any;
and
(2) The amount, estimated consistent with the provisions
of this chapter, necessary to pay all of its unpaid losses and
claims incurred on or prior to the date of statement, whether
reported or unreported, together with the expense of adjustment or settlement thereof; and
[Title 48 RCW—page 47]
48.12.030
Title 48 RCW: Insurance
(3) With reference to life and disability insurance, and
annuity contracts,
(a) the amount of reserves on life insurance policies and
annuity contracts in force (including disability benefits for
both active and disabled lives, and accidental death benefits,
in or supplementary thereto) and disability insurance, valued
according to the tables of mortality, tables of morbidity, rates
of interest, and methods adopted pursuant to this chapter
which are applicable thereto; and
(b) any additional reserves which may be required by
the commissioner, consistent with practice formulated or
approved by the National Association of Insurance Commissioners, on account of such insurances; and
(4) With reference to insurances other than those specified in subdivision (3) of this section, and other than title insurance, the amount of reserves equal to the unearned
portions of the gross premiums charged on policies in force,
computed in accordance with this chapter; and
(5) Taxes, expenses, and other obligations accrued at the
date of the statement; and
(6) Any additional reserve set up by the insurer for a
specific liability purpose or required by the commissioner
consistent with practices adopted or approved by the National Association of Insurance Commissioners. [1973 1st ex.s.
c 162 § 1; 1947 c 79 § .12.03; Rem. Supp. 1947 §
45.12.03.]
48.12.040 Unearned premium reserve, property,
casualty, and surety insurance. (1) With reference to
insurances against loss or damage to property, except as provided in RCW 48.12.050, and with reference to all general
casualty insurances, and surety insurances, every insurer
shall maintain an unearned premium reserve on all policies
in force.
(2) The commissioner may require that such reserve
shall be equal to the unearned portions of the gross premiums in force after deducting authorized reinsurance, as
computed on each respective risk from the policy’s date of
issue. If the commissioner does not so require, the portions
of the gross premiums in force, less authorized reinsurance,
to be held as a premium reserve, shall be computed according to the following table:
Term for which policy
was written
Reserve for
unearned premium
One year, or less . . . . . . . . . . . . . . .
Two years
. . . . . . . . . . . . . . . . . . First year
Second year
Three years . . . . . . . . . . . . . . . . . . . First year
Second year
Third year
Four years . . . . . . . . . . . . . . . . . . . . First year
Second year
Third year
Fourth year
Five years . . . . . . . . . . . . . . . . . . . . First year
Second year
Third year
Fourth year
Fifth year
Over five years . . . . . . . . . . . . . . . . Pro rata
[Title 48 RCW—page 48]
1/2
3/4
1/4
5/6
1/2
1/6
7/8
5/8
3/8
1/8
9/10
7/10
1/2
3/10
1/10
(3) In lieu of computation according to such table, all of
such reserves may be computed, at the insurer’s option, on
a monthly pro rata basis.
(4) After adopting any one of the methods for computing such reserve an insurer shall not change methods without
the commissioner’s approval.
(5) If, for certain policies, the insurer’s exposure to loss
is uneven over the policy term, the commissioner may grant
permission to the insurer to use a different method of
calculating the unearned premium reserve on those certain
policies. [1995 c 35 § 1; 1973 1st ex.s. c 162 § 2; 1947 c
79 § .12.04; Rem. Supp. 1947 § 45.12.04.]
48.12.050 Unearned premium reserve, marine and
transportation insurance. With reference to marine and
transportation insurances, premiums on trip risks not terminated shall be deemed unearned and the commissioner may
require the insurer to carry a reserve thereon equal to one
hundred percent on trip risks written during the month ended
as of the date of statement; and computed upon a pro rata
basis or, with the commissioner’s consent, in accordance
with the alternative methods provided in RCW 48.12.040 for
all other risks. [1947 c 79 § .12.05; Rem. Supp. 1947 §
45.12.05.]
48.12.060 Reserve—Disability insurance. For all
disability insurance policies the insurer shall maintain an
active life reserve which shall place a sound value on its
liabilities under such policies and be not less than the reserve
according to appropriate standards set forth in regulations
issued by the commissioner and, in no event, less in the
aggregate than the pro rata gross unearned premiums for
such policies. [1973 1st ex.s. c 162 § 3; 1947 c 79 § .12.06;
Rem. Supp. 1947 § 45.12.06.]
48.12.070 Loss records. An insurer shall maintain a
complete and itemized record showing all losses and claims
as to which it has received notice, including with regard to
property, casualty, surety, and marine and transportation
insurances, all notices received of the occurrence of any
event which may result in a loss. [1947 c 79 § .12.07; Rem.
Supp. 1947 § 45.12.07.]
48.12.080 Increased reserves. (1) If the commissioner determines that an insurer’s unearned premium reserves,
however computed, are inadequate, he may require the
insurer to compute such reserves or any part thereof according to such other method or methods as are prescribed
in this chapter.
(2) If the loss experience of an insurer shows that its
loss reserves, however estimated, are inadequate, the
commissioner shall require the insurer to maintain loss
reserves in such increased amount as is needed to make them
adequate. [1947 c 79 § .12.08; Rem. Supp. 1947 §
45.12.08.]
48.12.090 Loss reserves—Liability insurance. The
reserves for outstanding losses and loss expenses under
policies of personal injury liability insurance and under
policies of employer’s liability insurance shall be computed
as follows:
(2002 Ed.)
Assets and Liabilities
(1) The reserves for outstanding losses and loss expenses under policies of personal injury liability insurance and
under policies of employer’s liability insurance shall be
computed in accordance with accepted loss-reserving standards and principles and shall make a reasonable provision
for all unpaid loss and loss expense obligations of the insurer
under the terms of such policies.
(2) Reserves under liability policies written during the
three years immediately preceding the date of determination
shall include any additional reserves required by the annual
statement instructions of the national association of insurance
commissioners. [1995 c 35 § 2; 1947 c 79 § .12.09; Rem.
Supp. 1947 § 45.12.09.]
48.12.100 Unallocated liability loss expense. Subject
to any restrictions contained in the annual statement instructions or accounting practices and procedures manuals of the
national association of insurance commissioners, all
unallocated liability loss expense payments shall be distributed as follows:
(1) All payments associated with particular claims shall
be distributed to the year in which the claim was covered;
and
(2) All other payments shall be distributed by year in a
reasonable manner. [1995 c 35 § 3; 1947 c 79 § .12.10;
Rem. Supp. 1947 § 45.12.10.]
48.12.110 Schedule of experience. Any insurer
transacting any liability or workers’ compensation insurances
shall include in its annual statement filed with the commissioner, a schedule of its experience thereunder in such form
as the commissioner may prescribe. [1987 c 185 § 19; 1947
c 79 § .12.11; Rem. Supp. 1947 § 45.12.11.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.12.120 Loss reserve—Workers’ compensation
insurance. The loss reserve for workers’ compensation
insurance shall be as follows:
(1) For all compensation claims under policies of
compensation insurance written more than three years prior
to the date of determination, the loss reserve shall be not less
than the present values at four percent interest of the
determined and the estimated future payments.
(2) For all compensation claims under policies of
compensation insurance written in the three years immediately preceding the date of determination, the loss reserve shall
be not less than the present value at three and one-half
percent interest of the determined and the estimated future
payments, and shall include any additional reserves required
by the annual statement instructions of the national association of insurance commissioners. [1995 c 35 § 4; 1987 c
185 § 20; 1947 c 79 § .12.12; Rem. Supp. 1947 § 45.12.12.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.12.130 Unallocated workers’ compensation loss
expense. Subject to any restrictions contained in the annual
statement instructions or accounting practices and procedures
manuals of the national association of insurance commission(2002 Ed.)
48.12.090
ers, all unallocated workers’ compensation loss expense
payments shall be distributed as follows:
(1) All payments associated with particular claims shall
be distributed to the year in which the claim was covered;
and
(2) All other payments shall be distributed by year in a
reasonable manner. [1995 c 35 § 5; 1987 c 185 § 21; 1947
c 79 § .12.13; Rem. Supp. 1947 § 45.12.13.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.12.140 "Loss payments," "loss expense" defined.
"Loss payments" and "loss expense payments" as used with
reference to liability and workers’ compensation insurances
shall include all payments to claimants, payments for
medical and surgical attendance, legal expenses, salaries and
expenses of investigators, adjusters and claims field men,
rents, stationery, telegraph and telephone charges, postage,
salaries and expenses of office employees, home office
expenses and all other payments made on account of claims,
whether such payments are allocated to specific claims or are
unallocated. [1987 c 185 § 22; 1947 c 79 § .12.14; Rem.
Supp. 1947 § 45.12.14.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.12.154 Rules. The commissioner may adopt rules
to implement and administer chapter 379, Laws of 1997.
[1997 c 379 § 9.]
Purpose—Intent—1997 c 379: See note following RCW 48.12.156.
48.12.156 Qualified United States financial institution—Definition. For purposes of chapter 379, Laws of
1997, a "qualified United States financial institution" means
an institution that complies with all of the following:
(1) Is organized or, in the case of a United States office
of a foreign banking organization, licensed under the laws of
the United States or any state thereof;
(2) Is regulated, supervised, and examined by United
States federal or state authorities having regulatory authority
over banks and trust companies;
(3) Has been determined by the commissioner, or, in the
discretion of the commissioner, the securities valuation office
of the national association of insurance commissioners, to
meet such standards of financial condition and standing as
are considered necessary and appropriate to regulate the
quality of financial institutions whose letters of credit will be
acceptable to the commissioner; and
(4) Is not affiliated with the assuming company. [1997
c 379 § 2.]
Purpose—Intent—1997 c 379: "(1) The purpose of this act is to
protect the interest of insureds, claimants, ceding insurers, assuming
insurers, and the public generally.
(2) It is the intent of the legislature to ensure adequate regulation of
insurers and reinsurers and adequate protection for those to whom they owe
obligations.
(3) It is also the intent of the legislature to declare that the matters
contained in this act are fundamental to the business of insurance and to
exercise its powers and privileges under 15 U.S.C. Secs. 1011 and 1012."
[1997 c 379 § 1.]
48.12.158 Insolvency of non-United States insurer
or reinsurer—Maintenance of assets—Claims. Upon
[Title 48 RCW—page 49]
48.12.158
Title 48 RCW: Insurance
insolvency of a non-United States insurer or reinsurer that
provides security to fund its United States obligations in
accordance with chapter 379, Laws of 1997, the assets
representing the security must be maintained in the United
States and claims must be filed with and valued by the state
insurance commissioner with regulatory oversight, and the
assets distributed, in accordance with the insurance laws of
the state in which the trust is domiciled that are applicable
to the liquidation of domestic United States insurance
companies. [1997 c 379 § 3.]
Purpose—Intent—1997 c 379: See note following RCW 48.12.156.
48.12.160 Credit for reinsurance—Trust fund—
Regulatory oversight. (1) Any insurance company organized under the laws of this state may take credit as an asset
or as a deduction from loss or claim, unearned premium, or
life policy or contract reserves on risks ceded to a reinsurer
to the extent reinsured by an insurer or insurers holding a
certificate of authority to transact that kind of business in
this state, unless the assuming insurer is the subject of a
regulatory order or regulatory oversight by a state in which
it is licensed based upon a commissioner’s determination that
the assuming insurer is in a hazardous financial condition.
The credit on ceded risks reinsured by any insurer which is
not authorized to transact business in this state may be taken:
(a) Where the reinsurer is a group including incorporated and unincorporated underwriters, and the group maintains
a trust fund in a qualified United States financial institution
which trust fund must be in an amount equal to:
(i) For reinsurance ceded under reinsurance agreements
with an inception, amendment, or renewal date on or after
August 1, 1995, funds in trust in an amount not less than the
group’s several liabilities attributable to business ceded by
United States domiciled insurers to any member of the
group; or
(ii) For reinsurance ceded under reinsurance agreements
with an inception date on or before July 31, 1995, and not
amended or renewed after that date, notwithstanding the
other provisions of chapter 379, Laws of 1997, funds in trust
in an amount not less than the group’s several insurance and
reinsurance liabilities attributable to business written in the
United States.
In addition, the group shall maintain a trusteed surplus
of which one hundred million dollars shall be held jointly
and exclusively for the benefit of United States ceding
insurers of any member of the group.
The incorporated members of the group shall not be
engaged in any business other than underwriting as a
member of the group and shall be subject to the same level
of solvency regulation and control by the group’s domiciliary
regulator as are the unincorporated members; and the group
shall make available to the commissioner an annual certification of the solvency of each underwriter by the group’s
domiciliary regulator and its independent public accountants;
(b) Where the reinsurer does not meet the definition of
(a) of this subsection, the single assuming alien reinsurer
that, as of the date of the ceding insurer’s statutory financial
statement, maintains a trust fund in a qualified United States
financial institution, which trust fund must be in an amount
not less than the assuming alien reinsurer’s liabilities
attributable to reinsurance ceded by United States domiciled
[Title 48 RCW—page 50]
insurers, and in addition, the assuming insurer shall maintain
a trusteed surplus of not less than twenty million dollars, and
the assuming alien reinsurer maintaining the trust fund must
have received a registration from the commissioner under
RCW 48.12.166. The assuming alien reinsurer shall report
on or before February 28th to the commissioner substantially
the same information as that required to be reported on the
national association of insurance commissioners annual
statement form by licensed insurers, to enable the commissioner to determine the sufficiency of the trust fund;
(c) In an amount not exceeding:
(i) The amount of deposits by and funds withheld from
the assuming insurer pursuant to express provision therefor
in the reinsurance contract, as security for the payment of
the obligations thereunder, if the deposits or funds are assets
of the types and amounts that are authorized under chapter
48.13 RCW and are held subject to withdrawal by and under
the control of the ceding insurer or if the deposits or funds
are placed in trust for these purposes in a bank which is a
member of the federal reserve system and withdrawals from
the trust cannot be made without the consent of the ceding
company; or
(ii) The amount of a clean, irrevocable, and unconditional letter of credit issued by a United States bank that is
determined by the national association of insurance commissioners to meet credit standards for issuing letters of credit
in connection with reinsurance, and issued for a term of at
least one year with provisions that it must be renewed unless
the bank gives notice of nonrenewal at least thirty days
before the expiration issued under arrangements satisfactory
to the commissioner of insurance as constituting security to
the ceding insurer substantially equal to that of a deposit
under (c)(i) of this subsection.
(2) Credit for reinsurance may not be granted under
subsection (1)(a), (b), and (c)(i) of this section unless:
(a) The form of the trust and amendments to the trust
have been approved by the insurance commissioner of the
state where the trust is located, or the insurance commissioner of another state who, pursuant to the terms of the trust
agreement, has accepted principal regulatory oversight of the
trust;
(b) The trust and trust amendments are filed with the
commissioner of every state in which the ceding insurer
beneficiaries of the trust are domiciled;
(c) The trust instrument provides that contested claims
are valid, enforceable, and payable out of funds in trust to
the extent remaining unsatisfied thirty days after entry of the
final order of a court of competent jurisdiction in the United
States;
(d) The trust vests legal title to its assets in the trustees
of the trust for the benefit of the grantor’s United States
ceding insurers, their assigns, and successors in interest;
(e) The trust and the assuming insurer are subject to
examination as determined by the commissioner;
(f) The trust shall remain in effect for as long as the
assuming insurer, member, or former member of a group of
insurers has outstanding obligations due under the reinsurance agreements subject to the trust; and
(g) No later then [than] February 28th of each year, the
trustees of the trust report to the commissioner in writing
setting forth the balance of the trust and listing the trust’s
investments at the preceding year end. In addition, the
(2002 Ed.)
Assets and Liabilities
trustees of the trust shall certify the date of termination of
the trust, if so planned, or certify that the trust shall not
expire within the next twelve months.
(3) Any reinsurance ceded by a company organized
under the laws of this state or ceded by any company not
organized under the laws of this state and transacting business in this state must be payable by the assuming insurer on
the basis of liability of the ceding company under the
contract or contracts reinsured without diminution because of
the insolvency of the ceding company, and any such reinsurance agreement which may be canceled on less than
ninety days notice must provide for a run-off of the reinsurance in force at the date of cancellation.
(4) The domiciliary conservator, liquidator, receiver, or
statutory successor of an insolvent ceding insurer shall give
written notice to the assuming insurer of the pendency of a
claim against the insolvent ceding insurer on the policy or
bond reinsured within a reasonable time after such claim is
filed in the insolvency proceeding and that during the
pendency of such claim any assuming insurer may investigate such claim and interpose, at its own expense, in the
proceeding where such claim is to be adjudicated, any
defense or defenses which it may deem available to the
ceding insurer or its liquidator or receiver or statutory
successor.
The expense thus incurred by the assuming insurer shall
be chargeable subject to court approval against the insolvent
ceding insurer as a part of the expense of liquidation to the
extent of a proportionate share of the benefit which may
accrue to the ceding insurer solely as a result of the defense
undertaken by the assuming insurer.
(5) Where two or more assuming insurers are involved
in the same claim and a majority in interest elect to interpose
to such claim, the expense shall be apportioned in accordance with the terms of the reinsurance agreement as though
such expense had been incurred by the ceding insurer.
(6) The credit permitted by subsection (1)(b) of this
section is prohibited unless the assuming alien insurer agrees
in the trust agreement, notwithstanding other provisions in
the trust instrument, if the trust fund is inadequate because
it contains an amount less than the amount required by
subsection (1)(b) of this section or if the grantor of the trust
has been declared insolvent or placed into receivership,
rehabilitation, liquidation, or similar proceedings under the
laws of its state or country of domicile:
(a) To comply with an order of the commissioner with
regulatory oversight over the trust or with an order of a court
of competent jurisdiction directing the trustee to transfer to
the commissioner with regulatory oversight all of the assets
of the trust fund;
(b) That assets be distributed by, and insurance claims
of United States trust beneficiaries be filed with and valued
by, the commissioner with regulatory oversight in accordance
with the laws of the state in which the trust is domiciled that
are applicable to the liquidation of domestic insurance
companies;
(c) That if the commissioner with regulatory oversight
determines that the assets of the trust fund or a part thereof
are not necessary to satisfy the claims of the United States
ceding insurers, which are United States trust beneficiaries,
the assets or part thereof shall be returned by the commis(2002 Ed.)
48.12.160
sioner with regulatory oversight to the trustee for distribution
in accordance with the trust agreement; and
(d) That the grantor waives any right otherwise available
to it under United States law that is inconsistent with this
provision. [1997 c 379 § 6; 1996 c 297 § 1; 1994 c 86 § 1;
1993 c 91 § 2; 1977 ex.s. c 180 § 3; 1947 c 79 § .12.16;
Rem. Supp. 1947 § 45.12.16.]
Purpose—Intent—1997 c 379: See note following RCW 48.12.156.
Rules to implement—1996 c 297: "The insurance commissioner
shall adopt rules to implement and administer the amendatory changes made
by section 1, chapter 297, Laws of 1996." [1996 c 297 § 2.]
Effective dates—1996 c 297: "(1) Sections 2 and 3 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect immediately [March 30, 1996].
(2) Section 1 of this act shall take effect January 1, 1997." [1996 c
297 § 4.]
Effective date—1994 c 86: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 23, 1994]." [1994 c 86 § 3.]
48.12.162 Credit for reinsurance—Contract provisions—After December 31, 1996—Payment—Rights of
original insured or policyholder. (1) Credit for reinsurance
in a reinsurance contract entered into after December 31,
1996, is allowed a domestic ceding insurer as either an asset
or a deduction from liability in accordance with RCW
48.12.160 only if the reinsurance contract contains provisions
that provide, in substance, as follows:
(a) The reinsurer shall indemnify the ceding insurer
against all or a portion of the risk it assumed according to
the terms and conditions contained in the reinsurance
contract.
(b) In the event of insolvency and the appointment of a
conservator, liquidator, or statutory successor of the ceding
company, the portion of risk or obligation assumed by the
reinsurer is payable to the conservator, liquidator, or statutory successor on the basis of claims allowed against the insolvent company by a court of competent jurisdiction or by a
conservator, liquidator, or statutory successor of the company
having authority to allow such claims, without diminution
because of that insolvency, or because the conservator,
liquidator, or statutory successor failed to pay all or a
portion of any claims. Payments by the reinsurer as provided
in this subsection are made directly to the ceding insurer or
to its conservator, liquidator, or statutory successor, except
where the contract of insurance, reinsurance, or other written
agreement specifically provides another payee of such
reinsurance in the event of the insolvency of the ceding
insurer.
(2) Payment under a reinsurance contract must be made
within a reasonable time with reasonable provision for
verification in accordance with the terms of the reinsurance
agreement. However, in no event shall the payments be
beyond the period required by the national association of
insurance commissioners accounting practices and procedures
manual.
(3) The original insured or policyholder may not have
any rights against the reinsurer that are not specifically set
forth in the contract of reinsurance, or in a specific agreement between the reinsurer and the original insured or
policyholder. [1997 c 379 § 4.]
[Title 48 RCW—page 51]
48.12.162
Title 48 RCW: Insurance
Purpose—Intent—1997 c 379: See note following RCW 48.12.156.
48.12.164 Credit for reinsurance—Accounting or
financial statement—After December 31, 1996. Credit for
reinsurance, as either an asset or a deduction, is prohibited
in an accounting or financial statement of the ceding insurer
in respect to the reinsurance contract unless, in such contract,
the reinsurer undertakes to indemnify the ceding insurer
against all or a part of the loss or liability arising out of the
original insurance. This section only applies to those
reinsurance contracts entered into after December 31, 1996.
[1997 c 379 § 5.]
Purpose—Intent—1997 c 379: See note following RCW 48.12.156.
48.12.166 Assuming alien reinsurer—Registration—
Requirements—Duties of commissioner—Costs. (1) The
assuming alien reinsurer must register with the commissioner
and must:
(a) File with the commissioner evidence of its submission to this state’s jurisdiction and to this state’s authority to
examine its books and records under chapter 48.03 RCW;
(b) Designate the commissioner as its lawful attorney
upon whom service of all papers may be made for an action,
suit, or proceeding instituted by or on behalf of the ceding
insurer;
(c) File with the commissioner a certified copy of a
letter or a certificate of authority or a certificate of compliance issued by the assuming alien insurer’s domiciliary
jurisdiction and the domiciliary jurisdiction of its United
States reinsurance trust;
(d) Submit a statement, signed and verified by an officer
of the assuming alien insurer to be true and correct, that
discloses whether the assuming alien insurer or an affiliated
person who owns or has a controlling interest in the assuming alien insurer is currently known to be the subject of
one or more of the following:
(i) An order or proceeding regarding conservation,
liquidation, or receivership;
(ii) An order or proceeding regarding the revocation or
suspension of a license or accreditation to transact insurance
or reinsurance in any jurisdiction; or
(iii) An order or proceeding brought by an insurance
regulator in any jurisdiction seeking to restrict or stop the
assuming alien insurer from transacting insurance or reinsurance based upon a hazardous financial condition.
The assuming alien insurer shall provide the commissioner with copies of all orders or other documents initiating
proceedings subject to disclosure under this subsection. The
statement must affirm that no actions, proceedings, or orders
subject to this subsection are outstanding against the assuming alien insurer or an affiliated person who owns or has a
controlling interest in the assuming alien insurer, except as
disclosed in the statement;
(e) File other information, financial or otherwise, which
the commissioner reasonably requests.
(2) A registration continues in force until suspended,
revoked, or not renewed. A registration is subject to renewal
annually on the first day of July upon application of the
assuming alien insurer and payment of the fee in the same
amount as an insurer pays for renewal of a certificate of
authority.
[Title 48 RCW—page 52]
(3) The commissioner shall give an assuming alien
insurer notice of his or her intention to revoke or refuse to
renew its registration at least ten days before the order of
revocation or refusal is to become effective.
(4) The commissioner shall, consistent with chapters
48.04 and 34.05 RCW, deny or revoke an assuming alien
insurer’s registration if the assuming alien insurer no longer
qualifies or meets the requirements for registration.
(5) The commissioner may, consistent with chapters
48.04 and 34.05 RCW, deny or revoke an assuming alien
insurer’s registration if the assuming alien insurer:
(a) Fails to comply with a provision of this chapter or
fails to comply with an order or regulation of the commissioner;
(b) Is found by the commissioner to be in such a
condition that its further transaction of reinsurance would be
hazardous to ceding insurers, policyholders, or the people in
this state;
(c) Refuses to remove or discharge a trustee, director, or
officer who has been convicted of a crime involving fraud,
dishonesty, or moral turpitude;
(d) Usually compels policy-holding claimants either to
accept less than the amount due them or to bring suit against
the assuming alien insurer to secure full payment of the
amount due;
(e) Refuses to be examined, or its trustees, directors,
officers, employees, or representatives refuse to submit to
examination or to produce its accounts, records, and files for
examination by the commissioner when required, or refuse
to perform a legal obligation relative to the examination;
(f) Refuses to submit to the jurisdiction of the United
States courts;
(g) Fails to pay a final judgment rendered against it:
(i) Within thirty days after the judgment became final;
(ii) Within thirty days after time for taking an appeal
has expired; or
(iii) Within thirty days after dismissal of an appeal
before final determination;
whichever date is later;
(h) Is found by the commissioner, after investigation or
upon receipt of reliable information:
(i) To be managed by persons, whether by its trustees,
directors, officers, or by other means, who are incompetent
or untrustworthy or so lacking in insurance company
management experience as to make proposed operation
hazardous to the insurance-buying public; or
(ii) That there is good reason to believe it is affiliated
directly or indirectly through ownership, control, or business
relations, with a person or persons whose business operations
are, or have been found to be, in violation of any law or
rule, to the detriment of policyholders, stockholders, investors, creditors, or of the public, by bad faith or by manipulation of the assets, accounts, or reinsurance;
(i) Does business through reinsurance intermediaries or
other representatives in this state or in any other state, who
are not properly licensed under applicable laws and rules; or
(j) Fails to pay, by the date due, any amounts required
by this code.
(6) A domestic ceding insurer is not allowed credit with
respect to reinsurance ceded, if the assuming alien insurer’s
registration has been revoked by the commissioner.
(2002 Ed.)
Assets and Liabilities
(7) The actual costs and expenses incurred by the
commissioner for an examination of a registered alien insurer
must be charged to and collected from the alien reinsurer.
(8) A registered alien reinsurer is included as a "class
one" organization for the purposes of RCW 48.02.190.
[1997 c 379 § 7.]
Purpose—Intent—1997 c 379: See note following RCW 48.12.156.
48.12.168 Credit for reinsurance—Foreign ceding
insurer. (1) Unless credit for reinsurance or deduction from
liability is prohibited under RCW 48.12.164, a foreign
ceding insurer is allowed credit for reinsurance or deduction
from liability to the extent credit has been allowed by the
ceding insurer’s state of domicile if:
(a) The state of domicile is accredited by the national
association of insurance commissioners; or
(b) Credit or deduction from liability would be allowed
under chapter 379, Laws of 1997 if the foreign ceding
insurer were domiciled in this state.
(2) Notwithstanding subsection (1) of this section, credit
for reinsurance or deduction from liability may be disallowed
upon a finding by the commissioner that either the condition
of the reinsurer, or the collateral or other security provided
by the reinsurer, does not satisfy the credit for reinsurance
requirements applicable to ceding insurers domiciled in this
state. [1997 c 379 § 8.]
Purpose—Intent—1997 c 379: See note following RCW 48.12.156.
48.12.170 Valuation of bonds. (1) All bonds or other
evidences of debt having a fixed term and rate held by any
insurer may, if amply secured and not in default as to
principal or interest, be valued as follows:
(a) If purchased at par, at the par value.
(b) If purchased above or below par, on the basis of the
purchase price adjusted so as to bring the value to par at the
earliest date callable at par or maturing at par and so as to
yield in the meantime the effective rate of interest at which
the purchase was made; or in lieu of such method, according
to such accepted method of valuation as is approved by the
commissioner.
(c) Purchase price shall in no case be taken at a higher
figure than the actual market value at the time of purchase.
(d) Unless otherwise provided by a valuation established
or approved by the National Association of Insurance
Commissioners, no such security shall be carried at above
call price for the entire issue during any period within which
the security may be so called.
(2) Such securities not amply secured or in default as to
principal or interest shall be carried at market value.
(3) The commissioner shall have full discretion in
determining the method of calculating values according to
the rules set forth in this section, and not inconsistent with
any such methods then currently formulated or approved by
the National Association of Insurance Commissioners. [1947
c 79 § .12.17; Rem. Supp. 1947 § 45.12.17.]
48.12.180 Valuation of stocks. (1) Securities, other
than those referred to in RCW 48.12.170, held by an insurer
shall be valued, in the discretion of the commissioner, at
their market value, or at their appraised value, or at prices
(2002 Ed.)
48.12.166
determined by him or her as representing their fair market
value.
(2) Preferred or guaranteed stocks or shares while
paying full dividends may be carried at a fixed value in lieu
of market value, at the discretion of the commissioner and
in accordance with such method of computation as he or she
may approve.
(3) The stock of a subsidiary of an insurer shall be
valued on the basis of the greater of (a) the value of only
such of the assets of such subsidiary as would constitute
lawful investments for the insurer if acquired or held directly
by the insurer or (b) such other value determined pursuant to
rules and cumulative limitations which shall be promulgated
by the commissioner to effectuate the purposes of this
chapter.
(4) The commissioner has full discretion in determining
the method of calculating values according to the rules set
forth in this section, and consistent with such methods as
then adopted by the National Association of Insurance
Commissioners. [1993 c 462 § 54; 1973 c 151 § 1; 1947 c
79 § .12.18; Rem. Supp. 1947 § 45.12.18.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.12.190 Valuation of property. (1) Real property
acquired pursuant to a mortgage loan or a contract for a
deed, in the absence of a recent appraisal deemed by the
commissioner to be reliable, shall not be valued at an
amount greater than the unpaid principal of the defaulted
loan or contract at the date of such acquisition, together with
any taxes and expenses paid or incurred in connection with
such acquisition, and the cost of improvements thereafter
made by the insurer and any amounts thereafter paid by the
insurer on assessments levied for improvements in connection with the property.
(2) Other real property held by an insurer shall not be
valued at any amount in excess of fair value, less reasonable
depreciation based on the estimated life of the improvements.
(3) Personal property acquired pursuant to chattel
mortgages made under RCW 48.13.150 shall not be valued
at an amount greater than the unpaid balance of principal on
the defaulted loan at date of acquisition together with taxes
and expenses incurred in connection with such acquisition,
or the fair value of such property, whichever amount is the
lesser.
(4) The commissioner has full discretion in determining
the method of calculating values according to the rules set
forth in this section, and consistent with such methods as
then adopted by the National Association of Insurance
Commissioners. [1993 c 462 § 55; 1967 ex.s. c 95 § 10;
1947 c 79 § .12.19; Rem. Supp. 1947 § 45.12.19.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.12.200 Valuation of purchase money mortgages.
(1) Purchase money mortgages shall be valued in an amount
not exceeding the acquisition cost of the real property
covered thereby or ninety percent of the fair value of such
real property, whichever is less.
[Title 48 RCW—page 53]
48.12.200
Title 48 RCW: Insurance
(2) The commissioner has full discretion in determining
the method of calculating values according to the rules set
forth in this section, and consistent with such methods as
then adopted by the National Association of Insurance
Commissioners. [1993 c 462 § 56; 1947 c 79 § .12.20;
Rem. Supp. 1947 § 45.12.20.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Chapter 48.13
INVESTMENTS
Sections
48.13.010
48.13.020
48.13.030
48.13.040
48.13.050
48.13.060
48.13.070
48.13.080
48.13.090
48.13.100
48.13.110
48.13.120
48.13.125
48.13.130
48.13.140
48.13.150
48.13.160
48.13.170
48.13.180
48.13.190
48.13.200
48.13.210
48.13.218
48.13.220
48.13.230
48.13.240
48.13.250
48.13.260
48.13.265
48.13.270
48.13.273
48.13.275
48.13.280
48.13.285
48.13.290
48.13.340
48.13.350
48.13.360
48.13.450
48.13.455
48.13.460
48.13.465
48.13.470
48.13.475
48.13.490
Scope of chapter—Eligible investments.
General qualifications.
Limitation on securities of one entity or a depository institution.
Public obligations.
Corporate obligations.
Terms defined.
Securities of merged or reorganized institutions.
Preferred or guaranteed stocks.
Trustees’ or receivers’ obligations.
Equipment trust certificates.
Mortgages, deeds of trust, mortgage bonds, notes, contracts.
Investments limited by property value.
Mortgage loans on one family dwellings—Limitation on
amortization.
"Encumbrance" defined.
Appraisal of property—Insurance—Limit of loan.
Auxiliary chattel mortgages.
Real property owned—Home office building.
Disposal of real property—Time limit.
Foreign securities.
Policy loans.
Savings and share accounts.
Insurance stocks.
Limitation on insurer loans or investments.
Common stocks—Investment—Acquisition—Engaging in
certain businesses.
Collateral loans.
Miscellaneous investments.
Special consent investments.
Required investments for capital and reserves.
Investments secured by real estate—Amount restricted.
Prohibited investments.
Acquisition of medium and lower grade obligations—
Definitions—Limitations—Rules.
Obligations rated by the securities valuation office.
Securities underwriting, agreements to withhold or repurchase, prohibited.
Derivative transactions—Restrictions—Definitions—Rules.
Disposal of ineligible property or securities.
Authorization of investments.
Record of investments.
Investments of foreign and alien insurers.
Safeguarding securities—Definitions.
Safeguarding securities—Deposit in a clearing corporation or
the federal reserve book-entry securities system—
Certificates—Records.
Safeguarding securities—Authorized methods of holding
securities.
Safeguarding securities—Requirement to receive a confirmation.
Safeguarding securities—Broker executing a trade—Time
limits.
Safeguarding securities—Maintenance with a qualified custodian—Commissioner may order transfer—Challenge to
order—Standing at hearing or for judicial review.
Safeguarding securities—Rules.
[Title 48 RCW—page 54]
Valuation of investments: RCW 48.12.170 through 48.12.200.
48.13.010 Scope of chapter—Eligible investments.
(1) Investments of domestic insurers shall be eligible to be
held as assets only as prescribed in this chapter.
(2) Any particular investment of a domestic insurer held
by it on the effective date of this code and which was a legal
investment immediately prior thereto, shall be deemed a
legal investment hereunder.
(3) The eligibility of an investment shall be determined
as of the date of its making or acquisition.
(4) Except as to RCW 48.13.360, this chapter applies
only to domestic insurers. [1973 c 151 § 2; 1947 c 79 §
.13.01; Rem. Supp. 1947 § 45.13.01.]
48.13.020 General qualifications. (1) No security or
other investment shall be eligible for purchase or acquisition
under this chapter unless it is interest bearing or interest
accruing or dividend or income paying, is not then in default
in any respect, and the insurer is entitled to receive for its
exclusive account and benefit, the interest or income accruing thereon; except,
(a) that an insurer may acquire real property as provided
in RCW 48.13.160, and
(b) that this section shall not prevent participation by an
insurer in a mortgage loan if the insurer, either individually
or jointly with other lenders, holds a senior participation in
such mortgage or deed of trust giving it substantially the
rights of a first mortgagee as to its interest in that loan.
(2) No security shall be eligible for purchase at a price
above its market value except voting stock of a corporation
being acquired as a subsidiary.
(3) No provision of this chapter shall prohibit the
acquisition by an insurer of other or additional securities or
property if received as a dividend or as a lawful distribution
of assets, or if acquired pursuant to a lawful and bona fide
agreement of bulk reinsurance or consolidation. Any
investments so acquired through bulk reinsurance or consolidation, which are not otherwise eligible under this chapter,
shall be disposed of pursuant to RCW 48.13.290 if personal
property or securities, or pursuant to RCW 48.13.170 if real
property. [1983 1st ex.s. c 32 § 2; 1982 c 218 § 2; 1967
ex.s. c 95 § 11; 1947 c 79 § .13.02; Rem. Supp. 1947 §
45.13.02.]
Severability—1982 c 218: See note following RCW 48.12.020.
48.13.030 Limitation on securities of one entity or
a depository institution. (1) Except as set forth in RCW
48.13.273, an insurer shall not, except with the consent of
the commissioner, have at any time any combination of
investments in or loans upon the security of the obligations,
property, and securities of any one person, institution, or
municipal corporation aggregating an amount exceeding four
percent of the insurer’s assets. This section shall not apply
to investments in, or loans upon the security of general
obligations of the government of the United States or of any
state of the United States, nor to investments in foreign
securities pursuant to RCW 48.13.180(1), nor include policy
loans made pursuant to RCW 48.13.190.
(2) An insurer shall not, except with the consent of the
commissioner, have at any time investments in the voting
(2002 Ed.)
Investments
securities of a depository institution or any company which
controls a depository institution aggregating an amount
exceeding five percent of the insurer’s admitted assets.
[2001 c 21 § 1; 1993 c 92 § 1; 1947 c 79 § .13.03; Rem.
Supp. 1947 § 45.13.03.]
48.13.040 Public obligations. An insurer may invest
any of its funds in bonds or other evidences of debt, not in
default as to principal or interest, which are valid and legally
authorized obligations issued, assumed or guaranteed by the
United States or by any state thereof or by any territory or
possession of the United States or by the District of Columbia or by any county, city, town, village, municipality or
district therein or by any political subdivision thereof or by
any civil division or public instrumentality of one or more of
the foregoing, if, by statutory or other legal requirements
applicable thereto, such obligations are payable, as to both
principal and interest, (1) from taxes levied or required to be
levied upon all taxable property or all taxable income within
the jurisdiction of such governmental unit or, (2) from
adequate special revenues pledged or otherwise appropriated
or by law required to be provided for the purpose of such
payment, but not including any obligation payable solely out
of special assessments on properties benefited by local
improvements unless adequate security is evidenced by the
ratio of assessment to the value of the property or the
obligation is additionally secured by an adequate guaranty
fund required by law. [1947 c 79 § .13.04; Rem. Supp.
1947 § 45.13.04.]
48.13.050 Corporate obligations. Except as set forth
in RCW 48.13.273, an insurer may invest any of its funds in
obligations other than those eligible for investment under
RCW 48.13.110 if they are issued, assumed, or guaranteed
by any solvent institution created or existing under the laws
of the United States or of any state, district or territory thereof, and are qualified under any of the following:
(1) Obligations which are secured by adequate collateral
security and bear fixed interest if during each of any three,
including the last two, of the five fiscal years next preceding
the date of acquisition by the insurer, the net earnings of the
issuing, assuming or guaranteeing institution available for its
fixed charges, as defined in RCW 48.13.060, have been not
less than one and one-fourth times the total of its fixed
charges for such year. In determining the adequacy of
collateral security, not more than one-third of the total value
of such required collateral shall consist of stock other than
stock meeting the requirements of RCW 48.13.080.
(2) Fixed interest bearing obligations, other than those
described in subdivision (1) of this section, if the net
earnings of the issuing, assuming or guaranteeing institution
available for its fixed charges for a period of five fiscal
years next preceding the date of acquisition by the insurer
have averaged per year not less than one and one-half times
its average annual fixed charges applicable to such period
and if during the last year of such period such net earnings
have been not less than one and one-half times its fixed
charges for such year.
(3) Adjustment, income or other contingent interest
obligations if the net earnings of the issuing, assuming or
guaranteeing institution available for its fixed charges for a
(2002 Ed.)
48.13.030
period of five fiscal years next preceding the date of acquisition by the insurer have averaged per year not less than one
and one-half times the sum of its average annual fixed
charges and its average annual maximum contingent interest
applicable to such period and if during each of the last two
years of such period such net earnings have been not less
than one and one-half times the sum of its fixed charges and
maximum contingent interest for such year. [1993 c 92 § 2;
1947 c 79 § .13.05; Rem. Supp. 1947 § 45.13.05.]
48.13.060 Terms defined. (1) Certain terms used are
defined for the purposes of this chapter as follows:
(a) "Obligation" includes bonds, debentures, notes or
other evidences of indebtedness.
(b) "Net earnings available for fixed charges" means net
income after deducting operating and maintenance expenses,
taxes other than federal and state income taxes, depreciation
and depletion, but excluding extraordinary nonrecurring
items of income or expense appearing in the regular financial
statements of such institution.
(c) "Fixed charges" includes interest on funded and
unfunded debt, amortization of debt discount, and rentals for
leased properties.
(d) "Admitted assets" means the amount as of the last
day of the most recently concluded annual statement year,
computed in the same manner as "assets" in RCW 48.12.010.
(e) "Aggregate amount" of medium grade and lower
grade obligations means the aggregate statutory statement
value of those obligations thereof.
(f) "Institution" means a corporation, a joint stock
company, an association, a trust, a business partnership, a
business joint venture, or similar entity.
(2) If net earnings are determined in reliance upon
consolidated earnings statements of parent and subsidiary
institutions, such net earnings shall be determined after
provision for income taxes of subsidiaries and after proper
allowance for minority stock interest, if any; and the
required coverage of fixed charges shall be computed on a
basis including fixed charges and preferred dividends of
subsidiaries other than those payable by such subsidiaries to
the parent corporation or to any other of such subsidiaries,
except that if the minority common stock interest in the
subsidiary corporation is substantial, the fixed charges and
preferred dividends may be apportioned in accordance with
regulations prescribed by the commissioner. [1993 c 92 § 3;
1947 c 79 § .13.06; Rem. Supp. 1947 § 45.13.06.]
48.13.070 Securities of merged or reorganized
institutions. In applying the earnings test set forth in RCW
48.13.060 to any such institution, whether or not in legal
existence during the whole of such five years next preceding
the date of investment by the insurer, which has at any time
during the five-year period acquired substantially all of the
assets of any other institution or institutions by purchase,
merger, consolidation or otherwise, or has been reorganized
pursuant to the bankruptcy law, the earnings of the predecessor or constituent institutions, or of the institution so reorganized, available for interest and dividends for such portion
of the five-year period as may have preceded such acquisition, or such reorganization, may be included in the earnings
of such issuing, assuming or guaranteeing institution for such
[Title 48 RCW—page 55]
48.13.070
Title 48 RCW: Insurance
portion of such period as may be determined in accordance
with adjusted or pro forma consolidated earnings statements
covering such portion of such period and giving effect to all
stock or shares outstanding, and all fixed charges existing,
immediately after such acquisition, or such reorganization.
[1947 c 79 § .13.07; Rem. Supp. 1947 § 45.13.07.]
48.13.080 Preferred or guaranteed stocks. (1) An
insurer may invest any of its funds, in an aggregate amount
not exceeding ten percent of its assets, if a life insurer, or
not exceeding fifteen percent of such assets if other than a
life insurer, in preferred or guaranteed stocks or shares, other
than common stocks, of solvent institutions existing under
the laws of the United States or of any state, district or
territory thereof, if all of the prior obligations and prior
preferred stocks, if any, of such institution at the date of
acquisition by the insurer are eligible as investments under
this chapter; and if qualified under either of the following:
(a) Preferred stocks or shares shall be deemed qualified
if both these requirements are met:
(i) The net earnings of the institution available for its
fixed charges for a period of five fiscal years next preceding
the date of acquisition by the insurer must have averaged per
year not less than one and one-half times the sum of its
average annual fixed charges, if any, its average annual
maximum contingent interest, if any, and its average annual
preferred dividend requirements applicable to such period;
and
(ii) during each of the last two years of such period
such net earnings must have been not less than one and onehalf times the sum of its fixed charges, contingent interest
and preferred dividend requirements for such year. The term
"preferred dividend requirements" shall be deemed to mean
cumulative or noncumulative dividends whether paid or not.
(b) Guaranteed stocks or shares shall be deemed
qualified if the assuming or guaranteeing institution meets
the requirements of subdivision (1) of RCW 48.13.050,
construed so as to include as a fixed charge the amount of
guaranteed dividends of such issue or the rental covering the
guarantee of such dividends.
(2) An insurer shall not invest in or loan upon any
preferred stock having voting rights, of any one institution,
in excess of such proportion of the total issued and outstanding preferred stock of such institution having voting rights,
as would, when added to any common shares of such
institution, directly or indirectly held by it, exceed fifteen
percent of all outstanding shares of such institution having
voting rights, nor an amount in excess of the limit provided
by RCW 48.13.030. This limitation shall not apply to such
shares of a corporation which is the subsidiary of an insurer,
and which corporation is engaged exclusively in a kind of
business properly incidental to the insurance business of the
insurer. [1947 c 79 § .13.08; Rem. Supp. 1947 § 45.13.08.]
48.13.090 Trustees’ or receivers’ obligations. An
insurer may invest any of its funds, in an aggregate amount
not exceeding two percent of its assets, in certificates, notes,
or other obligations issued by trustees or receivers of
institutions existing under the laws of the United States or of
any state, district or territory thereof, which, or the assets of
which, are being administered under the direction of any
[Title 48 RCW—page 56]
court having jurisdiction, if such obligation is adequately
secured as to principal and interest. [1947 c 79 § .13.09;
Rem. Supp. 1947 § 45.13.09.]
48.13.100 Equipment trust certificates. An insurer
may invest any of its funds, in an aggregate amount not
exceeding ten percent of its assets, in equipment trust
obligations or certificates which are adequately secured, or
in other adequately secured instruments evidencing an
interest in transportation equipment wholly or in part within
the United States and the right to receive determined
portions of rental, purchase or other fixed obligatory payments for the use or purchase of such transportation equipment. [1947 c 79 § .13.10; Rem. Supp. 1947 § 45.13.10.]
48.13.110 Mortgages, deeds of trust, mortgage
bonds, notes, contracts. An insurer may invest any of its
funds in:
(1)(a) Bonds or evidences of debt which are secured by
first mortgages or deeds of trust on improved unencumbered
real property located in the United States;
(b) Chattel mortgages in connection therewith pursuant
to RCW 48.13.150;
(c) The equity of the seller of any such property in the
contract for a deed, covering the entire balance due on a
bona fide sale of such property, in amount not to exceed ten
thousand dollars or the amount permissible under RCW
48.13.030, whichever is greater, in any one such contract for
deed.
(2) Purchase money mortgages or like securities
received by it upon the sale or exchange of real property
acquired pursuant to RCW 48.13.160 as amended in *section
7 of this 1969 amendatory act.
(3) Bonds or notes secured by mortgage or trust deed
guaranteed or insured by the Federal Housing Administration
under the terms of an act of congress of the United States of
June 27, 1934, entitled the "National Housing Act," as
amended.
(4) Bonds or notes secured by mortgage or trust deed
guaranteed or insured as to principal in whole or in part by
the Administrator of Veterans’ Affairs pursuant to the
provisions of Title III of an act of congress of the United
States of June 22, 1944, entitled the "Servicemen’s Readjustment Act of 1944," as amended.
(5) Evidences of debt secured by first mortgages or
deeds of trust upon leasehold estates, except agricultural
leaseholds executed pursuant to RCW 79.01.096, running for
a term of not less than fifteen years beyond the maturity of
the loan as made or as extended, in improved real property,
otherwise unencumbered, and if the mortgagee is entitled to
be subrogated to all the rights under the leasehold.
(6) Evidences of debt secured by first mortgages or
deeds of trust upon agricultural leasehold estates executed
pursuant to RCW 79.01.096, otherwise unencumbered, and
if the mortgagee is entitled to be subrogated to all the rights
under the leasehold. [1975 1st ex.s. c 154 § 1; 1969 ex.s. c
241 § 4; 1947 c 79 § .13.11; Rem. Supp. 1947 § 45.13.11.]
*Reviser’s note: The reference to "section 7 of this 1969 amendatory
act" is to section 7, chapter 241, Laws of 1969 ex. sess., which amended
RCW 48.13.160.
(2002 Ed.)
Investments
48.13.120 Investments limited by property value.
(1) An investment made pursuant to the provisions of RCW
48.13.110 shall not exceed seventy-five percent of the fair
value of the particular property at the time of investment.
However, if the loan is secured by a first mortgage or other
first lien upon real property improved with a single-family
residential building, the terms of such loan provide for
monthly payments of principal and interest sufficient to
effect full repayment of the loan within the remaining useful
life of the building as estimated in the appraisal for the loan,
or thirty years and two months, whichever is less, the
principal so loaned or the entire note or bond issue so
secured, plus the amount of the liens of any public bond,
assessment, or tax assessed upon the property, may not
exceed eighty percent of the market value of the real
property, or of the real property together with the improvements which are taken as security. This restriction shall not
apply to purchase money mortgages or like securities
received by an insurer upon the sale or exchange of real
property acquired pursuant to RCW 48.13.160.
(2) The extent to which a mortgage loan made under
RCW 48.13.110 (3) or (4) is guaranteed or insured by the
Federal Housing Administration or guaranteed by the
Administrator of Veterans’ Affairs may be deducted before
application of the limitations contained in subsection (1) of
this section. [1993 c 92 § 7; 1969 ex.s. c 241 § 5; 1967 c
150 § 11; 1955 c 303 § 1; 1949 c 190 § 16; 1947 c 79 §
.13.12; Rem. Supp. 1949 § 45.13.12.]
48.13.125 Mortgage loans on one family dwellings—
Limitation on amortization. Loans on one family dwellings secured by mortgages or deeds of trust or investments
therein shall be amortized within not more than thirty years
and two months by payments of installments thereon at
regular intervals not less frequent than every three months;
except those guaranteed or insured in whole or in part by the
Federal Housing Administration, the Administrator of
Veterans’ Affairs or the Farmers Home Administration.
[1969 ex.s. c 241 § 6; 1967 c 150 § 10.]
48.13.130 "Encumbrance" defined. (1) Real
property shall not be deemed to be encumbered within the
meaning of RCW 48.13.110 by reason of the existence of:
(a) Instruments reserving mineral, oil, timber or similar
rights, rights of way, sewer rights, or rights in walls;
(b) Liens for taxes or assessments not delinquent, or
liens not delinquent for community recreational facilities, or
for the maintenance of community facilities, or for service
and maintenance of water rights;
(c) Building restrictions or other restrictive covenants;
(d) Encroachments, if such encroachments are taken into
consideration in determining the fair value of the property;
(e) A lease under which rents or profits are reserved to
the owner if in any event the security for the loan or
investment is a first lien upon the real property; or
(f) With respect to loans secured by mortgage, deed of
trust, or other collateral guaranteed or insured in full or in
part by the government of the United States, such encumbrances as are allowed as exceptions in title by the administrator or administration of the division of such government
so guaranteeing or insuring.
(2002 Ed.)
48.13.120
(2) If under any of the exceptions set forth in subsection
(1) of this section there is any sum owing but not due or
delinquent, the total amount of such sum shall be deducted
from the amount which otherwise might be loaned on the
property. The value of any mineral, oil, timber or similar
right reserved shall not be included in the fair value of the
property. [1955 c 303 § 2; 1947 c 79 § .13.13; Rem. Supp.
1947 § 45.13.13.]
48.13.140 Appraisal of property—Insurance—Limit
of loan. (1) The fair value of property shall be determined
by appraisal by a competent appraiser at the time of the
acquisition of real property or of the making or acquiring of
a mortgage loan or investing in a contract for the deed
thereon; except, that as to bonds or notes secured by
mortgage or trust deed guaranteed or insured by the Federal
Housing Administration, or guaranteed or insured as to
principal in full or in part by the Administrator of Veterans’
Affairs, or guaranteed or insured by the Farmers Home
Administration, the valuation made by such administration or
administrator shall be deemed to have been made by a
competent appraiser for the purposes of this subsection.
(2) Buildings and other improvements located on
mortgaged premises shall be kept insured for the benefit of
the mortgagee against loss or damage from fire in an amount
not less than the unpaid balance of the obligation, or the
insurable value of the property, whichever is the lesser.
(3) An insurer shall not make or acquire a loan or loans
upon the security of any one parcel of real property in
aggregate amount in excess of twenty-five thousand dollars
or more than the amount permissible under RCW 48.13.030,
whichever is the greater. [1967 ex.s. c 95 § 12; 1955 c 303
§ 3; 1947 c 79 § .13.14; Rem. Supp. 1947 § 45.13.14.]
48.13.150 Auxiliary chattel mortgages. (1) In
connection with a mortgage loan on the security of real
property designed and used primarily for residential purposes
only, acquired pursuant to RCW 48.13.110, an insurer may
loan or invest an amount not exceeding twenty percent of the
amount loaned on or invested in such real property mortgage, on the security of a chattel mortgage for a term of not
more than five years representing a first and prior lien,
except for taxes not then delinquent, on personal property
constituting durable equipment owned by the mortgagor and
kept and used in the mortgaged premises.
(2) The term "durable equipment" shall include only
mechanical refrigerators, mechanical laundering machines,
heating and cooking stoves and ranges, mechanical kitchen
aids, vacuum cleaners, and fire extinguishing devices; and in
addition in the case of apartment houses and hotels, room
furniture and furnishings.
(3) Prior to acquisition of a chattel mortgage, items of
property to be included shall be separately appraised by a
competent appraiser and the fair market value thereof
determined. No such chattel mortgage loan shall exceed in
amount the same ratio of loan to the value of the property as
is applicable to the companion loan on the real property.
[1947 c 79 § .13.15; Rem. Supp. 1947 § 45.13.15.]
48.13.160 Real property owned—Home office
building. (1) An insurer may own and invest or have
[Title 48 RCW—page 57]
48.13.160
Title 48 RCW: Insurance
invested in its home office and branch office buildings any
of its funds in aggregate amount not to exceed ten percent of
its assets unless approved by the commissioner, or if a
mutual or reciprocal insurer not to exceed ten percent of its
assets nor such amount as would reduce its surplus, exclusive of such investment, below fifty thousand dollars unless
approved by the commissioner.
(2) An insurer may own real property acquired in
satisfaction or on account of loans, mortgages, liens, judgments, or other debts previously owing to the insurer in the
course of its business.
(3) An insurer may invest or have invested in aggregate
amount not exceeding three percent of its assets in the
following real property, and in the repair, alteration, furnishing, or improvement thereof:
(a) Real property requisite for its accommodation in the
convenient transaction of its business if approved by the
commissioner.
(b) Real property acquired by gift or devise.
(c) Real property acquired in exchange for real property
owned by it. If necessary in order to consummate such an
exchange, the insurer may put up cash in amount not to
exceed twenty percent of the fair value of its real property
to be so exchanged, in addition to such property.
(d) Real property acquired through a lawful merger or
consolidation with it of another insurer and not required for
the purposes specified in subsection (1) and in paragraph (a)
of subsection (2) of this section.
(e) Upon approval of the commissioner, in real property
and equipment incident to real property, requisite or desirable for the protection or enhancement of the value of other
real property owned by the insurer.
(4) A domestic life insurer with assets of at least
twenty-five million dollars and at least ten million dollars in
capital and surplus, and a domestic property and casualty
insurer with assets of at least seventy-five million dollars and
at least thirty million dollars in capital and surplus, or, if a
mutual or reciprocal property or casualty insurer, at least
thirty million dollars in surplus, may, in addition to the real
property included in subsections (1), (2) and (3) of this
section, own such real property other than property to be
used for ranch, mining, recreational, amusement, or club purposes, as may be acquired as an investment for the production of income, or as may be acquired to be improved or
developed for such investment purpose pursuant to an
existing program therefor, subject to the following limitations
and conditions:
(a) The cost of each parcel of real property so acquired
under this subsection (4), including the estimated cost to the
insurer of the improvement or development thereof, when
added to the book value of all other real property under this
subsection (4), together with the admitted value of all
common stock, then held by it, shall not exceed twenty
percent of its admitted assets or fifty percent of its surplus
over the minimum required surplus, whichever is greater, as
of the thirty-first day of December next preceding; and
(b) The cost of each parcel of real property so acquired,
including the estimated cost to the insurer of the improvement or development thereof, shall not exceed as of the
thirty-first day of December next preceding, four percent of
its admitted assets.
[Title 48 RCW—page 58]
(c) Indirect or proportionate interests in real estate held
by a domestic life insurer through any subsidiary shall be
included in proportion to such insurer’s interest in the
subsidiary in applying the limits provided in subsection (4).
[1981 c 339 § 6; 1973 c 151 § 3; 1969 ex.s. c 241 § 7; 1967
ex.s. c 95 § 13; 1949 c 190 § 17; 1947 c 79 § .13.16; Rem.
Supp. 1949 § 45.13.16.]
48.13.170 Disposal of real property—Time limit.
(1) Real property acquired by an insurer pursuant to paragraph (a) of subsection (3) of RCW 48.13.160 shall be
disposed of within five years after it has ceased being
necessary for the use of the insurer in the transaction of its
business. Real property acquired by an insurer pursuant to
loans, mortgages, liens, judgments, or other debts, or
pursuant to paragraphs (b), (c), (d), and (e) of subsection (3)
of RCW 48.13.160 shall be disposed of within five years
after date of acquisition. The time for any such disposal
may be extended by the commissioner for a definite additional period or periods upon application and proof that
forced sale of the property, otherwise necessary, would be
against the best interests of the insurer.
(2) Any such real property held by the insurer without
the commissioner’s consent beyond the time permitted for its
disposal shall not be carried or allowed as an asset. [1967
ex.s. c 95 § 14; 1947 c 79 § .13.17; Rem. Supp. 1947 §
45.13.17.]
48.13.180 Foreign securities. (1) An insurer authorized to transact insurance in a foreign country may invest
any of its funds, in aggregate amount not exceeding its
deposit and reserve obligations incurred in such country, in
securities of or in such country possessing characteristics and
of a quality similar to those required pursuant to this chapter
for investments in the United States.
(2) An insurer may invest any of its funds, in an
aggregate amount not exceeding five percent of its assets, in
addition to any amount permitted pursuant to subsection (1)
of this section, in obligations of the governments of the
Dominion of Canada or of Canadian provinces or municipalities, and in obligations of Canadian corporations, which
have not been in default during the five years next preceding
date of acquisition, and which are otherwise of equal quality
to like United States public or corporate securities as
prescribed in this chapter. [1947 c 79 § .13.18; Rem. Supp.
1947 § 45.13.18.]
48.13.190 Policy loans. A life insurer may loan to its
policyholder upon the pledge of the policy as collateral
security, any sum not exceeding the legal reserve maintained
on the policy. [1947 c 79 § .13.19; Rem. Supp. 1947 §
45.13.19.]
48.13.200 Savings and share accounts. An insurer
may invest or deposit any of its funds in share or savings
accounts of savings and loan associations, or in savings
accounts of banks, and in any one such institution only to
the extent that such an account is insured by the Federal
Savings and Loan Insurance Corporation or the Federal
Deposit Insurance Corporation. [1947 c 79 § .13.20; Rem.
Supp. 1947 § 45.13.20.]
(2002 Ed.)
Investments
48.13.210 Insurance stocks. (1) An insurer other
than a life insurer may invest a portion of its surplus funds
in an aggregate amount not exceeding fifty percent of its
surplus over its capital stock and other liabilities, or thirtyfive percent of its capital funds, whichever is greater, in the
stocks of other insurers organized and existing under the
laws of states of the United States. Indirect or proportionate
interests in insurance stocks held by an insurer through any
intermediate subsidiary or subsidiaries shall be included in
applying the limitations provided in subsections (1), (2), and
(3) of this section.
(2) A life insurer may invest in such insurance stocks in
an aggregate amount not exceeding the smaller of the
following amounts: Five percent of its assets; or twenty-five
percent of its surplus over its capital stock and other liabilities, or of surplus over its required minimum surplus if a
mutual life insurer.
(3) An insurer shall not purchase or hold as an investment more than five percent of the voting stock of any one
other insurer, and subject further to the investment limits of
RCW 48.13.030. This limitation shall not apply if such
other insurer is the subsidiary of, and substantially all its
shares having voting powers are owned by, the insurer.
(4) No such insurance stock shall be eligible as an
investment unless it meets the qualifications for stocks of
other corporations as set forth in RCW 48.13.220.
(5) The limitations on investment in insurance stocks set
forth in this chapter shall not apply to stocks acquired under
a plan for merger of the insurers which has been approved
by the commissioner or to shares received as stock dividends
upon shares already owned. [1979 ex.s. c 199 § 3; 1979
ex.s. c 130 § 4; 1947 c 79 § .13.21; Rem. Supp. 1947 §
45.13.21.]
48.13.218 Limitation on insurer loans or investments. (1) Notwithstanding RCW 48.13.220 and 48.13.240,
an insurer may not loan or invest its funds in common stock,
preferred stock, debt obligations, and other securities of one
or more subsidiaries in an aggregate amount exceeding the
lesser of the following sums: Ten percent of its assets, or
fifty percent of its surplus as regards policyholders. In
calculating the amount of investments under this section,
investments in domestic or foreign subsidiary insurers, health
care service contractors, and health maintenance organizations are excluded.
(2) For the purposes of this section, "subsidiary" has the
same meaning as in RCW 48.31B.005. [2001 c 90 § 1.]
48.13.220 Common stocks—Investment—
Acquisition—Engaging in certain businesses. (1) After
satisfying the requirements of RCW 48.13.260, an insurer
may invest any of its funds in common shares of stock in
solvent United States corporations that qualify as a sound
investment; except, that as to life insurers such investments
shall further not aggregate an amount in excess of fifty
percent of the insurer’s surplus over its minimum required
surplus.
(2) The insurer shall not invest in or loan upon the
security of more than ten percent of the outstanding common
shares of any one such corporation, subject further to the
aggregate investment limitation of RCW 48.13.030.
(2002 Ed.)
48.13.210
(3) The limitations of subsection (2) of this section shall
not apply to investment in the securities of any subsidiary
corporations of the insurer which are engaged or organized
to engage exclusively in one or more of the following businesses:
(a) Acting as an insurance agent for its parent or for any
of its parent’s insurer subsidiaries or affiliates;
(b) Investing, reinvesting, or trading in securities or
acting as a securities broker or dealer for its own account,
that of its parent, any subsidiary of its parent, or any affiliate
or subsidiary;
(c) Rendering management, sales, or other related
services to any investment company subject to the Federal
Investment Company Act of 1940, as amended;
(d) Rendering investment advice;
(e) Rendering services related to the functions involved
in the operation of an insurance business including, but not
limited to, actuarial, loss prevention, safety engineering, data
processing, accounting, claims appraisal, and collection
services;
(f) Acting as administrator of employee welfare benefit
and pension plans for governments, government agencies,
corporations, or other organizations or groups;
(g) Ownership and management of assets which the
parent could itself own and manage: PROVIDED, That the
aggregate investment by the insurer and its subsidiaries
acquired pursuant to this paragraph shall not exceed the
limitations otherwise applicable to such investments by the
parent;
(h) Acting as administrative agent for a government
instrumentality which is performing an insurance function or
is responsible for a health or welfare program;
(i) Financing of insurance premiums;
(j) Any other business activity reasonably ancillary to an
insurance business;
(k) Owning one or more subsidiary (i) insurers to the
extent permitted by this chapter, or (ii) businesses specified
in paragraphs (a) through (k) of this subsection inclusive, or
(iii) other businesses the stock of which is eligible under
RCW 48.13.240 or 48.13.250, or any combination of such
insurers and businesses.
(4) No acquisition of a majority of the total outstanding
common shares of any corporation shall be made pursuant to
this section unless a notice of intention of such proposed
acquisition shall have been filed with the commissioner not
less than ninety days, or such shorter period as may be
permitted by the commissioner, in advance of such proposed
acquisition, nor shall any such acquisition be made if the
commissioner at any time prior to the expiration of the
notice period finds that the proposed acquisition is contrary
to law, or determines that such proposed acquisition would
be contrary to the best interests of the parent insurer’s
policyholders or of the people of this state. The following
shall be the only factors to be considered in making the
foregoing determination:
(a) The availability of the funds or assets required for
such acquisition;
(b) The fairness of any exchange of stock, assets, cash,
or other consideration for the stock or assets to be received;
(c) The impact of the new operation on the parent
insurer’s surplus and existing insurance business and the
[Title 48 RCW—page 59]
48.13.220
Title 48 RCW: Insurance
risks inherent in the parent insurer’s investment portfolio and
operations;
(d) The fairness and adequacy of the financing proposed
for the subsidiary;
(e) The likelihood of undue concentration of economic
power;
(f) Whether the effect of the acquisition may be substantially to lessen competition in any line of commerce in
insurance or to tend to create a monopoly therein; and
(g) Whether the acquisition might result in an excessive
proliferation of subsidiaries which would tend to unduly
dilute management effectiveness or weaken financial strength
or otherwise be contrary to the best interests of the parent
insurer’s policyholders or of the people of this state. At any
time after an acquisition, the commissioner may order its
disposition if he finds, after notice and hearing, that its
continued retention is hazardous or prejudicial to the
interests of the parent insurer’s policyholders. The contents
of each notice of intention of a proposed acquisition filed
hereunder and information pertaining thereto shall be kept
confidential, shall not be subject to subpoena, and shall not
be made public unless after notice and hearing the commissioner determines that the interests of policyholders, stockholders, or the public will be served by the publication
thereof.
(5) A domestic insurance company may, provided that
it maintains books and records which separately account for
such business, engage directly in any business referred to in
paragraphs (d), (e), (h), and (j) of subsection (3) of this
section either to the extent necessarily or properly incidental
to the insurance business the insurer is authorized to do in
this state or to the extent approved by the commissioner and
subject to any limitations he may prescribe for the protection
of the interests of the policyholders of the insurer after
taking into account the effect of such business on the
insurer’s existing insurance business and its surplus, the
proposed allocation of the estimated cost of such business,
and the risks inherent in such business as well as the relative
advantages to the insurer and its policyholders of conducting
such business directly instead of through a subsidiary. [1982
c 218 § 3; 1973 c 151 § 4; 1949 c 190 § 18; 1947 c 79 §
.13.22; Rem. Supp. 1949 § 45.13.22.]
percent of its surplus over minimum required surplus, in
loans or investments not otherwise eligible for investment
and not specifically prohibited by RCW 48.13.270.
(2) No such loan or investment shall be any item
described in RCW 48.12.020.
(3) No such investment in or loan upon the security of
any one person or entity shall exceed the amount specified
in subsection (1) of this section or one percent of the
insurer’s assets, whichever is the lesser, except that this subsection (3) shall not apply to an investment in the stock of
a subsidiary company.
(4) The insurer shall keep a separate record of all
investments acquired under this section. [1982 c 218 § 4;
1947 c 79 § .13.24; Rem. Supp. 1947 § 45.13.24.]
Severability—1982 c 218: See note following RCW 48.12.020.
48.13.250 Special consent investments. Upon
advance approval of the commissioner and in compliance
with RCW 48.13.020, an insurer may make any investment
or kind of investment or exchange of assets otherwise
prohibited or not eligible under any other section of this
chapter. The commissioner’s order of approval if granted
shall specify whether the investment or any part thereof may
be credited to required minimum capital or surplus investments, or to investment of reserves. [1947 c 79 § .13.25;
Rem. Supp. 1947 § 45.13.25.]
48.13.230 Collateral loans. An insurer may loan its
funds upon the pledge of securities or evidences of debt
eligible for investment under this chapter. As at date made,
no such loan shall exceed in amount ninety percent of the
market value of such collateral pledged, except that loans
upon pledges of United States government bonds may be
equal to the market value of the bonds pledged. The amount
so loaned shall be included in the maximum percentage of
funds permitted to be invested in the kinds of securities or
evidences of debt pledged or permitted by RCW 48.13.030.
[1947 c 79 § .13.23; Rem. Supp. 1947 § 45.13.23.]
48.13.260 Required investments for capital and
reserves. (1) An insurer shall invest and keep invested its
funds aggregating in amount, if a stock insurer, not less than
one hundred percent of its minimum required capital, or if
a mutual or reciprocal insurer, not less than one hundred
percent of its required minimum surplus, in cash or investments eligible in accordance with RCW 48.13.040 (public
obligations), and in mortgage loans on real property located
within this state, pursuant to RCW 48.13.110.
(2) In addition to the investments required by subsection
(1) of this section, an insurer shall invest and keep invested
its funds aggregating not less than one hundred percent of its
reserves required by this code in cash or premiums in course
of collection or in investments eligible in accordance with
the following sections: RCW 48.13.040 (public obligations),
48.13.050 (corporate obligations), 48.13.080 (preferred or
guaranteed stocks), 48.13.090 (trustees’ or receivers’
obligations), 48.13.100 (equipment trust certificates),
48.13.110 (mortgages, loans and contracts), 48.13.150
(auxiliary chattel mortgages), 48.13.160 (real property, home
office building, etc.), 48.13.180 (foreign securities),
48.13.190 (policy loans), 48.13.200 (savings and share accounts), 48.13.220 (common stocks), 48.13.230 (collateral
loans), 48.13.250 (special consent investments).
(3) This section shall not apply to title insurers nor to
mutual insurers on the assessment premium plan. [1971
ex.s. c 13 § 16; 1947 c 79 § .13.26; Rem. Supp. 1947 §
45.13.26.]
48.13.240 Miscellaneous investments. (1) An insurer
may loan or invest its funds in an aggregate amount not
exceeding the lesser of the following sums: Ten percent of
its assets, or fifty percent of its surplus over its capital and
other liabilities, or if a mutual or reciprocal insurer fifty
48.13.265 Investments secured by real estate—
Amount restricted. An insurer shall not invest or have
invested at any one time more than sixty-five percent of its
assets in investments in real estate, real estate contracts, and
notes, bonds and other evidences of debt secured by mort-
Severability—1982 c 218: See note following RCW 48.12.020.
[Title 48 RCW—page 60]
(2002 Ed.)
Investments
gage on real estate, as described in RCW 48.13.110 and
48.13.160. Any insurer which, on June 13, 1957, has in
excess of sixty-five percent of its assets so invested shall not
make any further such investments while such excess exists.
[1957 c 193 § 8.]
48.13.270 Prohibited investments. An insurer shall
not, except with the commissioner’s approval in advance,
invest in or loan its funds upon the security of, or hold:
(1) Issued shares of its own capital stock, except for the
purpose of mutualization in accordance with RCW
48.08.080;
(2) Securities issued by any corporation if a majority of
its stock having voting power is owned directly or indirectly
by or for the benefit of any one or more of the insurer’s
officers and directors;
(3) Any investment or loan ineligible under the provisions of RCW 48.13.030;
(4) Securities issued by any insolvent corporation;
(5) Obligations contrary to the provisions of RCW
48.13.273; or
(6) Any investment or security which is found by the
commissioner to be designed to evade any prohibition of this
code. [1995 c 84 § 1; 1993 c 92 § 4; 1982 c 218 § 5; 1947
c 79 § .13.27; Rem. Supp. 1947 § 45.13.27.]
Severability—1982 c 218: See note following RCW 48.12.020.
48.13.273 Acquisition of medium and lower grade
obligations—Definitions—Limitations—Rules. (1) As
used in this section:
(a) "Lower grade obligations" means obligations that are
rated four, five, or six by the securities valuation office.
(b) "Medium grade obligations" means obligations that
are rated three by the securities valuation office.
(c) "Securities valuation office" means the entity created
by the national association of insurance commissioners in
part, to assign rating categories for bond obligations acquired
by insurers.
(2) No insurer may acquire directly or indirectly, any
medium grade or lower grade obligation if, after giving
effect to the acquisition, the aggregate amount of all medium
grade and lower grade obligations then held by the insurer
would exceed twenty percent of its admitted assets provided
that:
(a) No more than ten percent of an insurer’s admitted
assets may be invested in lower grade obligations;
(b) No more than three percent of an insurer’s admitted
assets may be invested in lower grade obligations rated five
or six by the securities valuation office;
(c) No more than one percent of an insurer’s admitted
assets may be invested in lower grade obligations rated six
by the securities valuation office;
(d) No more than one percent of an insurer’s admitted
assets may be invested in medium and lower grade obligations issued, guaranteed, or insured by any one institution;
and
(e) No more than one-half of one percent of an insurer’s
admitted assets may be invested in lower grade obligations
issued, guaranteed, or insured by any one institution.
(3) This section does not require an insurer to sell or
otherwise dispose of any obligation lawfully acquired before
(2002 Ed.)
48.13.265
July 25, 1993, or in accordance with this chapter. The
commissioner shall adopt rules identifying the circumstances
under which the commissioner may approve an investment
in obligations exceeding the limitations of this section as
necessary to mitigate financial loss by an insurer.
(4) The board of directors of any domestic insurance
company which acquires or invests, directly or indirectly,
more than two percent of its admitted assets in medium
grade and lower grade obligations of any institution, shall
adopt a written plan for making those investments. The
plan, in addition to guidelines with respect to the quality of
the issues invested in, shall contain diversification standards
including, but not limited to, standards for issuer, industry,
duration, liquidity, and geographic location. [1993 c 92 § 5.]
48.13.275 Obligations rated by the securities
valuation office. Notwithstanding the provisions of RCW
48.13.050, an insurer may invest its funds in obligations
rated by the securities valuation office. Investments in
obligations that are rated one or two by the securities
valuation office shall be subject to the limitations contained
in RCW 48.13.030. [1993 c 92 § 6.]
48.13.280 Securities underwriting, agreements to
withhold or repurchase, prohibited. No insurer shall
(1) participate in the underwriting of the marketing of
securities in advance of their issuance or enter into any
transaction for such underwriting for the account of such
insurer jointly with any other person; or
(2) enter into any agreement to withhold from sale any
of its property, or to repurchase any property sold by it.
[1947 c 79 § .13.28; Rem. Supp. 1947 § 45.13.28.]
48.13.285 Derivative transactions—Restrictions—
Definitions—Rules. (1) An insurer may, directly or
indirectly through an investment subsidiary, engage in
derivative transactions under this section under the following
conditions:
(a) An insurer may use derivative instruments under this
section to engage in hedging transactions and certain income
generation transactions, as these terms may be further
defined by rule by the insurance commissioner;
(b) Derivative instruments shall not be used for speculative purposes, but only as stated in (a) of this subsection;
(c) An insurer shall be able to demonstrate to the
insurance commissioner the intended hedging characteristics
and the ongoing effectiveness of the derivative transaction or
combination of transactions through cash flow testing or
other appropriate analysis;
(d) An insurer may enter into hedging transactions under
this section if, as a result of and after giving effect to the
transaction:
(i) The aggregate statement value of options, caps,
floors, and warrants not attached to another financial
instrument purchased and used in hedging transactions does
not exceed seven and one-half percent of its admitted assets;
(ii) The aggregate statement value of options, caps, and
floors written in hedging transactions does not exceed three
percent of its admitted assets; and
[Title 48 RCW—page 61]
48.13.285
Title 48 RCW: Insurance
(iii) The aggregate potential exposure of collars, swaps,
forwards, and futures used in hedging transactions does not
exceed six and one-half percent of its admitted assets;
(e) An insurer may only enter into the following types
of income generation transactions if, as a result of and after
giving effect to the transactions, the aggregate statement
value of the fixed income assets that are subject to call or
that generate the cash flows for payments under the caps or
floors, plus the face value of fixed income securities underlying a derivative instrument subject to call, plus the amount
of the purchase obligations under the puts, does not exceed
ten percent of its admitted assets:
(i) Sales of covered call options on noncallable fixed
income securities, callable fixed income securities if the
option expires by its terms prior to the end of the noncallable period, or derivative instruments based on fixed income
securities;
(ii) Sales of covered call options on equity securities, if
the insurer holds in its portfolio, or can immediately acquire
through the exercise of options, warrants, or conversion
rights already owned, the equity securities subject to call
during the complete term of the call option sold;
(iii) Sales of covered puts on investments that the
insurer is permitted to acquire under this chapter, if the
insurer has escrowed, or entered into a custodian agreement
segregating, cash or cash equivalents with a market value
equal to the amount of its purchase obligations under the put
during the complete term of the put option sold; or
(iv) Sales of covered caps or floors, if the insurer holds
in its portfolio the investments generating the cash flow to
make the required payments under the caps or floors during
the complete term that the cap or floor is outstanding;
(f) An insurer shall include all counterparty exposure
amounts in determining compliance with general diversification requirements and medium and low grade investment
limitations under this chapter; and
(g) Pursuant to rules adopted by the insurance commissioner under subsection (3) of this section, the commissioner
may approve additional transactions involving the use of
derivative instruments in excess of the limitations in (d) of
this subsection or for other risk management purposes under
rules adopted by the commissioner, but replication transactions shall not be permitted for other than risk management
purposes.
(2) For purposes of this section:
(a) "Cap" means an agreement obligating the seller to
make payments to the buyer, with each payment based on
the amount by which a reference price or level or the
performance or value of one or more underlying interests
exceeds a predetermined number, sometimes called the strike
rate or strike price;
(b) "Collar" means an agreement to receive payments as
the buyer of an option, cap, or floor and to make payments
as the seller of a different option, cap, or floor;
(c) "Counterparty exposure amount" means the net
amount of credit risk attributable to a derivative instrument
entered into with a business entity other than through a
qualified exchange, qualified foreign exchange, or cleared
through a qualified clearinghouse. The amount of the credit
risk equals the market value of the over-the-counter derivative instrument if the liquidation of the derivative instrument
would result in a final cash payment to the insurer, or zero
[Title 48 RCW—page 62]
if the liquidation of the derivative instrument would not
result in a final cash payment to the insurer.
If over-the-counter derivative instruments are entered
into under a written master agreement which provides for
netting of payments owed by the respective parties, and the
domiciliary jurisdiction of the counterparty is either within
the United States or, if not within the United States, within
a foreign jurisdiction listed in the purposes and procedures
of the securities valuation office as eligible for netting, the
net amount of credit risk shall be the greater of zero or the
sum of:
(i) The market value of the over-the-counter derivative
instruments entered into under the agreement, the liquidation
of which would result in a final cash payment to the insurer;
and
(ii) The market value of the over-the-counter derivative
instruments entered into under the agreement, the liquidation
of which would result in a final cash payment by the insurer
to the business entity.
For open transactions, market value shall be determined
at the end of the most recent quarter of the insurer’s fiscal
year and shall be reduced by the market value of acceptable
collateral held by the insurer or placed in escrow by one or
both parties;
(d) "Covered" means that an insurer owns or can
immediately acquire, through the exercise of options,
warrants or conversion rights already owned, the underlying
interest in order to fulfill or secure its obligations under a
call option, cap or floor it has written, or has set aside under
a custodial or escrow agreement cash or cash equivalents
with a market value equal to the amount required to fulfill
its obligations under a put option it has written, in an income
generation transaction;
(e) "Derivative instrument" means an agreement, option,
instrument, or a series or combination thereof:
(i) To make or take delivery of, or assume or relinquish,
a specified amount of one or more underlying interests, or to
make a cash settlement in lieu thereof; or
(ii) That has a price, performance, value, or cash flow
based primarily upon the actual or expected price, level,
performance, value, or cash flow of one or more underlying
interests.
Derivative instruments include options, warrants used in
a hedging transaction and not attached to another financial
instrument, caps, floors, collars, swaps, forwards, futures,
and any other agreements, options, or instruments substantially similar thereto or any series or combination thereof and
any agreements, options, or instruments permitted under
rules adopted by the commissioner under subsection (3) of
this section;
(f) "Derivative transaction" means a transaction involving the use of one or more derivative instruments;
(g) "Floor" means an agreement obligating the seller to
make payments to the buyer in which each payment is based
on the amount by which a predetermined number, sometimes
called the floor rate or price, exceeds a reference price, level,
performance, or value of one or more underlying interests;
(h) "Future" means an agreement, traded on a qualified
exchange or qualified foreign exchange, to make or take
delivery of, or effect a cash settlement based on the actual
or expected price, level, performance, or value of, one or
more underlying interests;
(2002 Ed.)
Investments
(i) "Hedging transaction" means a derivative transaction
which is entered into and maintained to reduce:
(i) The risk of a change in the value, yield, price, cash
flow, or quantity of assets or liabilities which the insurer has
acquired or incurred or anticipates acquiring or incurring; or
(ii) The currency exchange rate risk or the degree of
exposure as to assets or liabilities which an insurer has
acquired or incurred or anticipates acquiring or incurring;
(j) "Option" means an agreement giving the buyer the
right to buy or receive (a "call option"), sell or deliver (a
"put option"), enter into, extend, or terminate or effect a cash
settlement based on the actual or expected price, level,
performance, or value of one or more underlying interests;
(k) "Swap" means an agreement to exchange or to net
payments at one or more times based on the actual or
expected price, level, performance, or value of one or more
underlying interests;
(l) "Underlying interest" means the assets, liabilities,
other interests, or a combination thereof underlying a
derivative instrument, such as any one or more securities,
currencies, rates, indices, commodities, or derivative instruments; and
(m) "Warrant" means an instrument that gives the holder
the right to purchase an underlying financial instrument at a
given price and time or at a series of prices and times
outlined in the warrant agreement. Warrants may be issued
alone or in connection with the sale of other securities, for
example, as part of a merger or recapitalization agreement,
or to facilitate divestiture of the securities of another
business entity.
(3) The insurance commissioner may adopt rules
implementing the provisions of this section. [1997 c 317 §
1.]
48.13.290 Disposal of ineligible property or securities. (1) Any ineligible personal property or securities
acquired by an insurer may be required to be disposed of
within the time not less than six months specified by order
of the commissioner, unless before that time it attains the
standard of eligibility, if retention of such property or
securities would be contrary to the policyholders or public
interest in that it tends to substantially lessen competition in
the insurance business or threatens impairment of the
financial condition of the insurer.
(2) Any personal property or securities acquired by an
insurer contrary to RCW 48.13.270 shall be disposed of
forthwith or within any period specified by order of the
commissioner.
(3) Any property or securities ineligible only because of
being excess of the amount permitted under this chapter to
be invested in the category to which it belongs shall be
ineligible only to the extent of such excess. [1982 c 218 §
6; 1973 c 151 § 5; 1947 c 79 § .13.29; Rem. Supp. 1947 §
45.13.29.]
Severability—1982 c 218: See note following RCW 48.12.020.
48.13.340 Authorization of investments. No investment, loan, sale or exchange thereof shall, except as to the
policy loans of a life insurer, be made by any domestic
insurer unless authorized or approved by its board of
directors or by a committee charged by the board of direc(2002 Ed.)
48.13.285
tors or the bylaws with the duty of making such investment,
loan, sale or exchange. The minutes of any such committee
shall be recorded and reports thereof shall be submitted to
the board of directors for approval or disapproval. [1949 c
190 § 19; 1947 c 79 § .13.34; Rem. Supp. 1949 § 45.13.34.]
48.13.350 Record of investments. (1) As to each
investment or loan of the funds of a domestic insurer a
written record in permanent form showing the authorization
thereof shall be made and signed by an officer of the insurer
or by the chairman of such committee authorizing the
investment or loan.
(2) As to each such investment or loan the insurer’s
records shall contain:
(a) In the case of loans: The name of the borrower; the
location and legal description of the property; a physical
description, and the appraised value of the security; the
amount of the loan, rate of interest and terms of repayment.
(b) In the case of securities: The name of the obligor;
a description of the security and the record of earnings; the
amount invested, the rate of interest or dividend, the maturity
and yield based upon the purchase price.
(c) In the case of real estate: The location and legal description of the property; a physical description and the
appraised value; the purchase price and terms.
(d) In the case of all investments:
(i) The amount of expenses and commissions if any
incurred on account of any investment or loan and by whom
and to whom payable if not covered by contracts with mortgage loan representatives or correspondents which are part
of the insurer’s records.
(ii) The name of any officer or director of the insurer
having any direct, indirect, or contingent interest in the
securities or loan representing the investment, or in the
assets of the person in whose behalf the investment or loan
is made, and the nature of such interest. [1949 c 190 § 20;
1947 c 79 § .13.35; Rem. Supp. 1949 § 45.13.35.]
48.13.360 Investments of foreign and alien insurers.
The investments of a foreign or alien insurer shall be as
permitted by the laws of its domicile but shall be of a
quality substantially as high as those required under this
chapter for similar funds of like domestic insurers. [1947 c
79 § .13.36; Rem. Supp. 1947 § 45.13.36.]
48.13.450 Safeguarding securities—Definitions. The
definitions in this section apply throughout RCW 48.13.450
through 48.13.475 unless the context clearly requires
otherwise.
(1) "Broker" means a broker as defined in RCW
62A.8-102(1)(c).
(2) "Clearing corporation" means a depository corporation which maintains a book entry accounting system and
which meets the requirements of RCW 62A.8-102(1)(e).
(3) "Commissioner" means the insurance commissioner
of the state of Washington.
(4) "Federal reserve book-entry securities system" means
the computerized systems sponsored by the United States
department of the treasury and certain agencies and instrumentalities of the United States for holding and transferring
securities of the United States government and such agencies
[Title 48 RCW—page 63]
48.13.450
Title 48 RCW: Insurance
and instrumentalities, respectively, and managed by the
federal reserve system for participating financial institutions.
(5) "Participating financial institution" means a depositary financial institution such as a national bank, state bank,
savings and loan, credit union, or trust company that is:
(a) Authorized to participate in the federal reserve bookentry system; and
(b) Licensed by the United States or the banking
authorities in its state of domicile and is regularly examined
by the licensing authority.
(6) "Qualified custodian" means either a participating
financial institution or a clearing corporation, or both. A
qualified custodian does not include a broker.
(7) "Securities" means instruments as defined in RCW
62A.8-102(1)(o). [2000 c 221 § 1.]
48.13.455 Safeguarding securities—Deposit in a
clearing corporation or the federal reserve book-entry
securities system—Certificates—Records. Notwithstanding
any other provision of law, a domestic insurance company
may deposit or arrange for the deposit of securities held in
or purchased for its general account and its separate accounts
in a clearing corporation or the federal reserve book-entry
securities system. When securities are deposited with a
clearing corporation, certificates representing securities of the
same class of the same issuer may be merged and held in
bulk in the name of the nominee of such clearing corporation
with any other securities deposited with such clearing
corporation by any person, regardless of the ownership of
such securities, and certificates representing securities of
small denominations may be merged into one or more
certificates of larger denominations. The records of any participating financial institution through which an insurance
company holds securities in the federal reserve book-entry
securities system, and the records of any custodian banks
through which an insurance company holds securities in a
clearing corporation, shall at all times show that such
securities are held for such insurance company and for which
accounts thereof. Ownership of, and other interests in, such
securities may be transferred by bookkeeping entry on the
books of such clearing corporation or in the federal reserve
book-entry securities system without, in either case, physical
delivery of certificates representing such securities. [2000 c
221 § 2.]
48.13.460 Safeguarding securities—Authorized
methods of holding securities. The following are the only
authorized methods of holding securities:
(1) A domestic insurance company may hold securities
in definitive certificates;
(2) A domestic insurance company may, pursuant to an
agreement, designate a participating financial institution or
institutions as its custodian through which it can transact and
maintain book-entry securities on behalf of the insurance
company; or
(3) A domestic insurance company may, pursuant to an
agreement, participate in depository systems of clearing
corporations directly or through a custodian bank. [2000 c
221 § 3.]
[Title 48 RCW—page 64]
48.13.465 Safeguarding securities—Requirement to
receive a confirmation. A domestic insurance company
using the methods of holding securities under RCW
48.13.460 (2) or (3) is required to receive a confirmation
from:
(1) The participating financial institution or the qualified
custodian whenever securities are received or surrendered
pursuant to the domestic insurance company’s instructions to
a securities broker; or
(2) The securities broker provided that the domestic
insurance company has given the participating financial
institution or qualified custodian and the securities broker
matching instructions authorizing the transaction, which have
been confirmed by the participating financial institution or
qualified custodian prior to surrendering funds or securities
to conduct the transaction. [2000 c 221 § 4.]
48.13.470 Safeguarding securities—Broker executing a trade—Time limits. (1) A broker executing a
securities trade pursuant to an order from a domestic
insurance company shall send confirmation to the domestic
insurance company or the clearing corporation confirming
the order has been executed within twenty-four hours after
order completion.
(2) A broker may not hold in its own account for longer
than seventy-two hours any securities bought or sold
pursuant to an order from a domestic insurance company.
[2000 c 221 § 5.]
48.13.475 Safeguarding securities—Maintenance
with a qualified custodian—Commissioner may order
transfer—Challenge to order—Standing at hearing or for
judicial review. (1) Notwithstanding the maintenance of
securities with a qualified custodian pursuant to agreement,
if the commissioner:
(a) Has reasonable cause to believe that the domestic
insurer:
(i) Is conducting its business and affairs in such a
manner as to threaten to render it insolvent;
(ii) Is in a hazardous condition or is conducting its
business and affairs in a manner that is hazardous to its
policyholders, creditors, or the public; or
(iii) Has committed or is committing or has engaged or
is engaging in any act that would constitute grounds for
rendering it subject to rehabilitation or liquidation proceedings; or
(b) Determines that irreparable loss and injury to the
property and business of the domestic insurer has occurred
or may occur unless the commissioner acts immediately;
then the commissioner may, without hearing, order the
insurer and the qualified custodian promptly to effect the
transfer of the securities to another qualified custodian
approved by the commissioner. Upon receipt of the order,
the qualified custodian shall promptly effect the transfer of
the securities. Notwithstanding the pendency of any hearing
or request for hearing, the order shall be complied with by
those persons subject to that order. Any challenge to the
validity of the order shall be made under chapter 48.04
RCW, however, the stay of action provisions of RCW
48.04.020 do not apply. It is the responsibility of both the
insurer and the qualified custodian to oversee that compli(2002 Ed.)
Investments
ance with the order is completed as expeditiously as possible. Upon receipt of an order, there shall be no trading of
the securities without specific instructions from the commissioner until the securities are received by the new qualified
custodian, except to the extent trading transactions are in
process on the day the order is received by the insurer and
the failure to complete the trade may result in loss to the
insurer’s account. Issuance of an order does not affect the
qualified custodian’s liabilities with regard to the securities
that are the subject of the order.
(2) No person other than the insurer has standing at the
hearing by the commissioner or for any judicial review of
the order. [2000 c 221 § 6.]
48.13.490 Safeguarding securities—Rules. The
commissioner may adopt rules to implement and administer
RCW 48.13.450 through 48.13.475. [2000 c 221 § 7.]
Chapter 48.14
FEES AND TAXES
Sections
48.14.010 Fee schedule.
48.14.020 Premium taxes.
48.14.0201 Premiums and prepayments tax—Health care services—State
preemption.
48.14.021 Reduction of tax—Policies connected with pension, etc.,
plans exempt or qualified under internal revenue code.
48.14.022 Taxes—Exemptions and deductions.
48.14.025 Prepayment of tax obligations under RCW 48.14.020.
48.14.027 Exemption for state health care premiums before July 1,
1990.
48.14.029 Premium tax credit—New employment for international
service activities in eligible areas—Designation of census tracts for eligibility—Records—Tax due upon ineligibility—Interest assessment—Information from employment security department.
48.14.030 Tax statement.
48.14.040 Retaliatory provision.
48.14.050 "Ocean marine and foreign trade insurances" defined.
48.14.060 Failure to pay tax—Penalty.
48.14.070 Refunds.
48.14.080 Premium tax in lieu of other forms.
48.14.090 Determining amount of direct premium taxable in this state.
48.14.100 Foreign or alien insurers, continuing liability for taxes.
48.14.010 Fee schedule. (1) The commissioner shall
collect in advance the following fees:
(a) For filing charter documents:
(i) Original charter documents, bylaws or record of organization of insurers, or certified copies thereof, required to be filed
(ii) Amended charter documents, or certified
copy thereof, other than amendments of
bylaws . . . . . . . . . . . . . . . . . . . . . . . .
(iii) No additional charge or fee shall be required for filing any of such documents in
the office of the secretary of state.
(b) Certificate of authority:
(i) Issuance . . . . . . . . . . . . . . . . . . . . . . .
(ii) Renewal . . . . . . . . . . . . . . . . . . . . . . .
(c) Annual statement of insurer, filing . . . . . .
$250.00
$ 10.00
$ 25.00
$ 25.00
$ 20.00
48.13.475
(d) Organization or financing of domestic insurers
and affiliated corporations:
(i) Application for solicitation permit, filing $100.00
(ii) Issuance of solicitation permit . . . . . . . $ 25.00
(e) Agents’ licenses:
(i) Agent’s qualification licenses every two
years . . . . . . . . . . . . . . . . . . . . . . . . . $ 50.00
(ii) Filing of appointment of each such agent,
every two years . . . . . . . . . . . . . . . . . $ 20.00
(iii) Limited license issued pursuant to RCW
48.17.190, every two years . . . . . . . . . . $ 20.00
(f) Reinsurance intermediary licenses:
(i) Reinsurance intermediary-broker, each
year . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50.00
(ii) Reinsurance intermediary-manager, each
year . . . . . . . . . . . . . . . . . . . . . . . . . $100.00
(g) Brokers’ licenses:
(i) Broker’s license, every two years . . . . $100.00
(ii) Surplus line broker, every two years . . $200.00
(h) Solicitors’ license, every two years . . . . . . $ 20.00
(i) Adjusters’ licenses:
(i) Independent adjuster, every two years . . $ 50.00
(ii) Public adjuster, every two years . . . . . . $ 50.00
(j) Resident general agent’s license, every two
years . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50.00
(k) Managing general agent appointment, every two
years . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00
(l) Examination for license, each examination:
All examinations, except examinations administered by an independent testing service,
the fees for which are to be approved by
the commissioner and collected directly
by and retained by such independent
testing service . . . . . . . . . . . . . . . . . . . $ 20.00
(m) Miscellaneous services:
(i) Filing other documents . . . . . . . . . . . . $ 5.00
(ii) Commissioner’s certificate under seal . . $ 5.00
(iii) C o p y o f d o c u m e n t s f i l e d i n t h e
commissioner’s office, reasonable charge
therefor as determined by the commissioner.
(2) All fees so collected shall be remitted by the
commissioner to the state treasurer not later than the first
business day following, and shall be placed to the credit of
the general fund: PROVIDED, That fees for examinations
administered by an independent testing service which are
approved by the commissioner pursuant to subsection (1)(l)
of this section shall be collected directly by such independent testing service and retained by it. [1994 c 131 § 2;
1993 c 462 § 57; 1988 c 248 § 7; 1981 c 111 § 1; 1979
ex.s. c 269 § 1; 1977 ex.s. c 182 § 1; 1969 ex.s. c 241 § 8;
1967 c 150 § 12; 1955 c 303 § 4; 1947 c 79 § .14.01; Rem.
Supp. 1947 § 45.14.01.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Effective date, implementation—1979 ex.s. c 269: "This act shall
take effect on April 1, 1980. The insurance commissioner is authorized to
immediately take such steps as are necessary to insure that this 1979 act is
implemented on its effective date." [1979 ex.s. c 269 § 10.]
48.14.020 Premium taxes. (1) Subject to other
provisions of this chapter, each authorized insurer except title
(2002 Ed.)
[Title 48 RCW—page 65]
48.14.020
Title 48 RCW: Insurance
insurers shall on or before the first day of March of each
year pay to the state treasurer through the commissioner’s
office a tax on premiums. Except as provided in subsection
(2) of this section, such tax shall be in the amount of two
percent of all premiums, excluding amounts returned to or
the amount of reductions in premiums allowed to holders of
industrial life policies for payment of premiums directly to
an office of the insurer, collected or received by the insurer
during the preceding calendar year other than ocean marine
and foreign trade insurances, after deducting premiums paid
to policyholders as returned premiums, upon risks or
property resident, situated, or to be performed in this state.
For the purposes of this section the consideration received by
an insurer for the granting of an annuity shall not be deemed
to be a premium.
(2) In the case of insurers which require the payment by
their policyholders at the inception of their policies of the
entire premium thereon in the form of premiums or premium
deposits which are the same in amount, based on the character of the risks, regardless of the length of term for which
such policies are written, such tax shall be in the amount of
two percent of the gross amount of such premiums and
premium deposits upon policies on risks resident, located, or
to be performed in this state, in force as of the thirty-first
day of December next preceding, less the unused or unabsorbed portion of such premiums and premium deposits
computed at the average rate thereof actually paid or credited
to policyholders or applied in part payment of any renewal
premiums or premium deposits on one-year policies expiring
during such year.
(3) Each authorized insurer shall with respect to all
ocean marine and foreign trade insurance contracts written
within this state during the preceding calendar year, on or
before the first day of March of each year pay to the state
treasurer through the commissioner’s office a tax of ninetyfive one-hundredths of one percent on its gross underwriting
profit. Such gross underwriting profit shall be ascertained
by deducting from the net premiums (i.e., gross premiums
less all return premiums and premiums for reinsurance) on
such ocean marine and foreign trade insurance contracts the
net losses paid (i.e., gross losses paid less salvage and
recoveries on reinsurance ceded) during such calendar year
under such contracts. In the case of insurers issuing participating contracts, such gross underwriting profit shall not
include, for computation of the tax prescribed by this
subsection, the amounts refunded, or paid as participation
dividends, by such insurers to the holders of such contracts.
(4) The state does hereby preempt the field of imposing
excise or privilege taxes upon insurers or their agents, other
than title insurers, and no county, city, town or other
municipal subdivision shall have the right to impose any
such taxes upon such insurers or their agents.
(5) If an authorized insurer collects or receives any such
premiums on account of policies in force in this state which
were originally issued by another insurer and which other
insurer is not authorized to transact insurance in this state on
its own account, such collecting insurer shall be liable for
and shall pay the tax on such premiums. [1986 c 296 § 1;
1983 2nd ex.s. c 3 § 7; 1982 2nd ex.s. c 10 § 1; 1982 1st
ex.s. c 35 § 15; 1979 ex.s. c 233 § 2; 1969 ex.s. c 241 § 9;
1947 c 79 § .14.02; Rem. Supp. 1947 § 45.14.02.]
[Title 48 RCW—page 66]
Severability—1986 c 296: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 296 § 11.]
Application—1986 c 296 § 1: "[The 1986 c 296 amendment of]
RCW 48.14.020 applies to the payment of taxes due beginning July 1, 1986,
and thereafter." [1986 c 296 § 12.]
Effective date—1986 c 296: "Section 7 of this act is necessary for
the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing institutions, and shall take
effect immediately. The remainder of this act shall take effect July 1,
1986." [1986 c 296 § 13.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Payment of additional premium tax—1982 2nd ex.s. c 10: "The
additional premium tax payments required by the amendment of RCW
48.14.020 by section 1 of this act shall be paid to the state treasurer through
the insurance commissioner’s office on March 1, 1983. Thereafter the
prepayment schedule provided by RCW 48.14.025 shall apply." [1982 2nd
ex.s. c 10 § 2.]
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
Effective date—1979 ex.s. c 233: "This 1979 amendatory act shall
become effective beginning upon and after January 1, 1980." [1979 ex.s.
c 233 § 4.]
Intent—1979 ex.s. c 233: "It is the intent of the legislature to
eliminate existing tax discrimination between qualified and nonqualified
pension plans which are effectuated by annuity contracts, by excluding the
consideration paid for such contracts from premiums subject to the premium
tax." [1979 ex.s. c 233 § 1.]
Severability—1979 ex.s. c 233: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 233 § 3.]
Credit against premium tax for assessments paid pursuant to RCW
48.32.060(1)(c): RCW 48.32.145.
Portion of state taxes on fire insurance premiums to be deposited in
firemen’s pension fund: RCW 41.16.050.
volunteer fire fighters’ and reserve officers’ relief and pension principal
fund: RCW 41.24.030.
48.14.0201 Premiums and prepayments tax—Health
care services—State preemption. (1) As used in this
section, "taxpayer" means a health maintenance organization,
as defined in RCW 48.46.020, or a health care service
contractor, as defined in RCW 48.44.010.
(2) Each taxpayer shall pay a tax on or before the first
day of March of each year to the state treasurer through the
insurance commissioner’s office. The tax shall be equal to
the total amount of all premiums and prepayments for health
care services received by the taxpayer during the preceding
calendar year multiplied by the rate of two percent.
(3) Taxpayers shall prepay their tax obligations under
this section. The minimum amount of the prepayments shall
be percentages of the taxpayer’s tax obligation for the
preceding calendar year recomputed using the rate in effect
for the current year. For the prepayment of taxes due during
the first calendar year, the minimum amount of the prepayments shall be percentages of the taxpayer’s tax obligation
that would have been due had the tax been in effect during
the previous calendar year. The tax prepayments shall be
paid to the state treasurer through the commissioner’s office
by the due dates and in the following amounts:
(a) On or before June 15, forty-five percent;
(b) On or before September 15, twenty-five percent;
(c) On or before December 15, twenty-five percent.
(2002 Ed.)
Fees and Taxes
(4) For good cause demonstrated in writing, the commissioner may approve an amount smaller than the preceding
calendar year’s tax obligation as recomputed for calculating
the health maintenance organization’s, health care service
contractor’s, or certified health plan’s prepayment obligations
for the current tax year.
(5) Moneys collected under this section shall be deposited in the general fund through March 31, 1996, and in the
health services account under RCW 43.72.900 after March
31, 1996.
(6) The taxes imposed in this section do not apply to:
(a) Amounts received by any taxpayer from the United
States or any instrumentality thereof as prepayments for
health care services provided under Title XVIII (medicare)
of the federal social security act.
(b) Amounts received by any health care service
contractor, as defined in RCW 48.44.010, as prepayments for
health care services included within the definition of practice
of dentistry under RCW 18.32.020.
(7) Beginning January 1, 2000, the state does hereby
preempt the field of imposing excise or privilege taxes upon
taxpayers and no county, city, town, or other municipal
subdivision shall have the right to impose any such taxes
upon such taxpayers. This subsection shall be limited to
premiums and payments for health benefit plans offered by
health care service contractors under chapter 48.44 RCW and
health maintenance organizations under chapter 48.46 RCW.
The preemption authorized by this subsection shall not
impair the ability of a county, city, town, or other municipal
subdivision to impose excise or privilege taxes upon the
health care services directly delivered by the employees of
a health maintenance organization under chapter 48.46 RCW.
[1998 c 323 § 1; 1997 c 154 § 1; 1993 sp.s. c 25 § 601;
1993 c 492 § 301.]
Effective date—1997 c 154: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 154 § 2.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
48.14.021 Reduction of tax—Policies connected with
pension, etc., plans exempt or qualified under internal
revenue code. As to premiums received from policies or
contracts issued in connection with a pension, annuity or
profit-sharing plan exempt or qualified under sections 401,
403(b), 404, 408(b), or 501(a) of the United States internal
revenue code, the rate of tax specified in RCW 48.14.020
shall be reduced twelve and one-half percent with respect to
the tax payable in 1964, twenty-five percent with respect to
the tax payable in 1965, thirty-seven and one-half percent
with respect to the tax payable in 1966, fifty percent with
respect to the tax payable in 1967, sixty-two and one-half
percent with respect to the tax payable in 1968, seventy-five
percent with respect to the tax payable in 1969, eighty-seven
and one-half percent with respect to the tax payable in 1970,
and one hundred percent with respect to the tax payable in
(2002 Ed.)
48.14.0201
1971 and annually thereafter. [1975-’76 2nd ex.s. c 119 §
1; 1974 ex.s. c 132 § 1; 1963 c 166 § 1.]
48.14.022 Taxes—Exemptions and deductions. (1)
The taxes imposed in RCW 48.14.020 and 48.14.0201 do not
apply to premiums and prepayments collected or received for
policies of insurance issued under RCW 48.41.010 through
48.41.210.
(2) In computing tax due under RCW 48.14.020 and
48.14.0201, there may be deducted from taxable premiums
and prepayments the amount of any assessment against the
taxpayer under RCW 48.41.010 through 48.41.210. Any
portion of the deduction allowed in this section which cannot
be deducted in a tax year without reducing taxable premiums
below zero may be carried forward and deducted in successive years until the deduction is exhausted. [1995 c 304 §
1; 1987 c 431 § 23.]
Effective date—1995 c 304: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 9, 1995]." [1995 c 304 § 2.]
Severability—1987 c 431: See RCW 48.41.910.
Business and occupation tax deductions: RCW 82.04.4329.
48.14.025 Prepayment of tax obligations under
RCW 48.14.020. (1) Every insurer with a tax obligation
under RCW 48.14.020 shall make prepayment of the tax
obligations under RCW 48.14.020 for the current calendar
year’s business, if the sum of the tax obligations under RCW
48.14.020 for the preceding calendar year’s business is four
hundred dollars or more.
(2) The commissioner shall credit the prepayment
toward the appropriate tax obligations of the insurer for the
current calendar year under RCW 48.14.020.
(3) The minimum amounts of the prepayments shall be
percentages of the insurer’s preceding calendar year’s tax
obligation recomputed using the rate in effect for the current
year and shall be paid to the state treasurer through the
commissioner’s office by the due dates and in the following
amounts:
(a) On or before June 15, forty-five percent;
(b) On or before September 15, twenty-five percent; and
(c) On or before December 15, twenty-five percent.
For good cause demonstrated in writing, the commissioner may approve an amount smaller than the preceding
calendar year’s tax obligation as recomputed for calculating
the insurer’s prepayment obligations.
(4) The effect of transferring policies of insurance from
one insurer to another insurer is to transfer the tax prepayment obligation with respect to the policies.
(5) On or before June 1 of each year, the commissioner
shall notify each insurer required to make prepayments in
that year of the amount of each prepayment and shall
provide remittance forms to be used by the insurer. However, an insurer’s responsibility to make prepayments is not
affected by failure of the commissioner to send, or the
insurer to receive, the notice or forms. [1986 c 296 § 2;
1982 c 181 § 4; 1981 c 6 § 1.]
Severability—Effective date—1986 c 296: See notes following
RCW 48.14.020.
Severability—1982 c 181: See note following RCW 48.03.010.
[Title 48 RCW—page 67]
48.14.027
Title 48 RCW: Insurance
48.14.027 Exemption for state health care premiums before July 1, 1990. The taxes imposed in RCW
48.14.020 do not apply to premiums collected or received
before July 1, 1990, for medical and dental coverage
purchased under chapter 41.05 RCW. [1988 c 107 § 32.]
Implementation—Effective dates—1988 c 107: See RCW
41.05.901.
48.14.029 Premium tax credit—New employment
for international service activities in eligible areas—
Designation of census tracts for eligibility—Records—Tax
due upon ineligibility—Interest assessment—Information
from employment security department. (1) Subject to the
limits in this section, an eligible person is allowed a credit
against the tax due under RCW 48.14.020. The credit is
based on qualified employment positions in eligible areas.
The credit is available to persons who are engaged in
international insurance services as defined in this section. In
order to receive the credit, the international insurance
services activities must take place at a business within the
eligible area.
(2)(a) The credit shall equal three thousand dollars for
each qualified employment position created after July 1,
1998, in an eligible area. A credit is earned for the calendar
year the person is hired to fill the position, plus the four
subsequent consecutive years, if the position is maintained
for those four years.
(b) Credit may not be taken for hiring of persons into
positions that exist on July 1, 1998. Credit is authorized for
new employees hired for new positions created after July 1,
1998. New positions filled by existing employees are
eligible for the credit under this section only if the position
vacated by the existing employee is filled by a new hire.
(c) When a position is newly created, if it is filled
before July 1st, this position is eligible for the full yearly
credit. If it is filled after June 30th, this position is eligible
for half of the credit.
(d) Credit may be accrued and carried over until it is
used. No refunds may be granted for credits under this
section.
(3) For the purposes of this section:
(a) "Eligible area" means: (i) A community empowerment zone under *RCW 43.63A.700; or (ii) a contiguous
group of census tracts that meets the unemployment and
poverty criteria of *RCW 43.63A.710 and is designated
under subsection (4) of this section;
(b) "Eligible person" means a person, as defined in
RCW 82.04.030, who in an eligible area at a specific
location is engaged in the business of providing international
insurance services;
(c) "International insurance services" means a business
that provides insurance services related directly to the
delivery of the service outside the United States or on behalf
of persons residing outside the United States; and
(d) "Qualified employment position" means a permanent
full-time position to provide international insurance services.
If an employee is either voluntarily or involuntarily separated
from employment, the employment position is considered
filled on a full-time basis if the employer is either training
or actively recruiting a replacement employee.
(4) By ordinance, the legislative authority of a city with
population greater than eighty thousand, located in a county
[Title 48 RCW—page 68]
containing no community empowerment zones as designated
under *RCW 43.63A.700, may designate a contiguous group
of census tracts within the city as an eligible area under this
section. Each of the census tracts must meet the unemployment and poverty criteria of *RCW 43.63A.710. Upon
making the designation, the city shall transmit to the department of revenue a certification letter and a map, each
explicitly describing the boundaries of the census tract. This
designation must be made by December 31, 1998.
(5) No application is necessary for the tax credit. The
person must keep records necessary for the department to
verify eligibility under this section. This information
includes:
(a) Employment records for the previous six years;
(b) Information relating to description of international
insurance services activity engaged in at the eligible location
by the person; and
(c) Information relating to customers of international
insurance services activity engaged in at that location by the
person.
(6) If at any time the department finds that a person is
not eligible for tax credit under this section, the amount of
taxes for which a credit has been used shall be immediately
due. The department shall assess interest, but not penalties,
on the credited taxes for which the person is not eligible.
The interest shall be assessed at the rate provided for
delinquent excise taxes under chapter 82.32 RCW, shall be
assessed retroactively to the date the tax credit was taken,
and shall accrue until the taxes for which a credit has been
used are repaid.
(7) The employment security department shall provide
to the department of revenue such information needed by the
department of revenue to verify eligibility under this section.
[1998 c 313 § 3.]
*Reviser’s note: RCW 43.63A.700 and 43.63A.710 were recodified
as RCW 43.31C.020 and 43.31C.030, respectively, pursuant to 2000 c 212
§ 11.
Intent—Findings—Effective date—1998 c 313: See notes following
RCW 82.04.44525.
Business and occupation tax credit: RCW 82.04.44525.
48.14.030 Tax statement. The insurer shall file with
the commissioner as part of its annual statement a statement
of premiums so collected or received according to such form
as shall be prescribed and furnished by the commissioner.
In every such statement the reporting of premiums for tax
purposes shall be on a written basis or on a paid-for basis
consistent with the basis required by the annual statement.
[1947 c 79 § .14.03; Rem. Supp. 1947 § 45.14.03.]
48.14.040 Retaliatory provision. (1) If pursuant to
the laws of any other state or country, any taxes, licenses,
fees, deposits, or other obligations or prohibitions, in the
aggregate, or additional to or at a net rate in excess of any
such taxes, licenses, fees, deposits or other obligations or
prohibitions imposed by the laws of this state upon like
foreign or alien insurers and their agents and solicitors, are
imposed on insurers of this state and their agents doing
business in such other state or country, a like rate, obligation
or prohibition may be imposed by the commissioner, as to
(2002 Ed.)
Fees and Taxes
48.14.040
any item or combination of items involved, upon all insurers
of such other state or country and their agents doing business
in this state, so long as such laws remain in force or are so
applied.
(2) For the purposes of this section, an alien insurer
may be deemed to be domiciled in the state wherein it has
established its principal office or agency in the United States.
If no such office or agency has been established, the
domicile of the alien insurer shall be deemed to be the
country under the laws of which it is formed. [1988 c 248
§ 8; 1949 c 190 § 21, part; 1947 c 79 § .14.04; Rem. Supp.
1949 § 45.14.04.]
pay, the commissioner shall upon written request made to
him make a refund thereof. A person may only request a
refund of taxes within six years from the date the taxes were
paid. A person may only request a refund of fees or charges
other than taxes within thirteen months of the date the fees
or charges were paid. Refunds may be made either by
crediting the amount toward payment of charges due or to
become due from such person, or by making a cash refund.
To facilitate such cash refunds the commissioner may
establish a revolving fund out of funds appropriated by the
legislature for his use. [1979 ex.s. c 130 § 2; 1947 c 79 §
.14.07; Rem. Supp. 1947 § 45.14.07.]
48.14.050 "Ocean marine and foreign trade
insurances" defined. For the purposes of this code other
than as to chapter 48.19 RCW "ocean marine and foreign
trade insurances" shall include only:
(1) Insurances upon vessels, crafts, hulls and of interests
therein or with relation thereto;
(2) Insurance of marine builders’ risks, marine war
risks, and contracts of marine protection and indemnity
insurance;
(3) Insurance of freights and disbursements pertaining
to a subject of insurance coming within this definition;
(4) Insurance of personal property and interests therein,
in course of exportation from or importation into any
country, or in course of transportation coastwise, including
transportation by land, water or air from point of origin to
final destination, in respect to, appertaining to, or in connection with, any and all risks or perils of navigation, transit or
transportation, and while being prepared for and while
awaiting shipment, and during any delays, storage, transshipment or reshipment incident thereto. [1947 c 79 § .14.05;
Rem. Supp. 1947 § 45.14.05.]
48.14.080 Premium tax in lieu of other forms. As
to insurers, other than title insurers and taxpayers under
RCW 48.14.0201, the taxes imposed by this title shall be in
lieu of all other taxes, except taxes on real and tangible
personal property, excise taxes on the sale, purchase or use
of such property, and the tax imposed in RCW
82.04.260(12). [1998 c 312 § 1; 1993 sp.s. c 25 § 602;
1993 c 492 § 302; 1949 c 190 § 21, part; Rem. Supp. 1949
§ 45.14.08.]
48.14.060 Failure to pay tax—Penalty. (1) Any
insurer failing to file its tax statement and to pay the
specified tax or prepayment of tax on premiums by the last
day of the month in which the tax becomes due shall be
assessed a penalty of five percent of the amount of the tax;
and if the tax is not paid within forty-five days after the due
date, the insurer shall be assessed a total penalty of ten
percent of the amount of the tax; and if the tax is not paid
within sixty days of the due date, the insurer shall be
assessed a total penalty of twenty percent of the amount of
the tax. In such event the tax may be collected by distraint,
and the penalty recovered by any action instituted by the
commissioner in any court of competent jurisdiction. The
amount of any such penalty collected shall be paid to the
state treasurer and credited to the general fund.
(2) At his discretion the commissioner may revoke the
certificate of authority of any such delinquent insurer, such
certificate of authority not to be reissued until all taxes,
prepayments of tax, and penalties incurred by the insurer
have been fully paid and the insurer has otherwise qualified
for the certificate of authority. [1981 c 6 § 2; 1947 c 79 §
.14.06; Rem. Supp. 1947 § 45.14.06.]
48.14.070 Refunds. In event any person has paid to
the commissioner any tax, license fee or other charge in
error or in excess of that which he is lawfully obligated to
(2002 Ed.)
Effective date—Savings—1998 c 312: See notes following RCW
82.04.332.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
48.14.090 Determining amount of direct premium
taxable in this state. In determining the amount of direct
premium taxable in this state, all such premiums written,
procured, or received in this state shall be deemed written
upon risks or property resident, situated, or to be performed
in this state except such premiums as are properly allocated
or apportioned and reported as taxable premiums of any
other state or states. [1963 c 195 § 14.]
48.14.100 Foreign or alien insurers, continuing
liability for taxes. Any foreign or alien insurer authorized
to do business in this state which hereafter either withdraws
from the state or has its certificate of authority suspended or
revoked shall continue to pay premium taxes pursuant to this
chapter as to policies upon risks or property resident,
situated, or to be performed in this state, which policies were
issued during the time the insurer was authorized in this
state. [1963 c 195 § 15.]
Chapter 48.15
UNAUTHORIZED INSURERS
Sections
48.15.020
48.15.030
48.15.040
48.15.050
48.15.060
48.15.070
48.15.073
Solicitation by unauthorized insurer prohibited—Personal
liability.
Validity of contracts illegally effectuated.
"Surplus line" coverage.
Endorsement of contract.
Validity of contracts.
Surplus line brokers—Licensing.
Nonresident surplus line brokers—Licensing—Reciprocity.
[Title 48 RCW—page 69]
Chapter 48.15
48.15.080
48.15.085
48.15.090
48.15.100
48.15.110
48.15.120
48.15.130
48.15.140
48.15.150
48.15.160
48.15.170
Title 48 RCW: Insurance
Broker may accept business.
Liability of insurer assuming direct risk.
Solvent insurer required.
Record of surplus line broker.
Broker’s annual statement.
Premium tax—Surplus lines.
Penalty for default.
Revocation, suspension, or failure to renew broker’s license.
Legal process against surplus line insurer.
Exemptions from surplus line requirements.
Records of insureds—Inspection.
48.15.020 Solicitation by unauthorized insurer
prohibited—Personal liability. (1) An insurer not thereunto authorized by the commissioner shall not solicit insurance
business in this state, nor transact insurance business in this
state except as provided in this chapter.
(2)(a) No person shall, in this state, represent an
unauthorized insurer except as provided in this chapter. This
provision shall not apply to any adjuster or attorney at law
representing such an insurer from time to time in this state
in his or her professional capacity.
(b) A person, other than a duly licensed surplus line
broker acting in good faith under his or her license, who
makes a contract of insurance in this state, directly or
indirectly, on behalf of an unauthorized insurer, without
complying with the provisions of this chapter, is personally
liable for the performance of such contract.
(3) Each violation of this section shall constitute a
separate offense punishable by a fine of not more than
twenty-five thousand dollars, and the commissioner, at the
commissioner’s discretion, may order replacement of policies
improperly placed with an unauthorized insurer with policies
issued by an authorized insurer. Violations may result in
suspension or revocation of a license. [1992 c 149 § 1;
1983 1st ex.s. c 32 § 3; 1980 c 102 § 2; 1947 c 79 § .15.02;
Rem. Supp. 1947 § 45.15.02.]
48.15.030 Validity of contracts illegally effectuated.
A contract of insurance effectuated by an unauthorized
insurer in violation of the provisions of this code shall be
voidable except at the instance of the insurer. [1947 c 79 §
.15.03; Rem. Supp. 1947 § 45.15.03.]
48.15.040 "Surplus line" coverage. If certain
insurance coverages cannot be procured from authorized
insurers, such coverages, hereinafter designated as "surplus
lines," may be procured from unauthorized insurers subject
to the following conditions:
(1) The insurance must be procured through a licensed
surplus line broker.
(2) The insurance must not be procurable, after diligent
effort has been made to do so from among a majority of the
insurers authorized to transact that kind of insurance in this
state.
(3) Coverage shall not be procured from an unauthorized insurer for the purpose of securing a lower premium
rate than would be accepted by any authorized insurer nor to
secure any other competitive advantage.
(4) The commissioner may by regulation establish the
degree of effort required to comply with subsections (2) and
(3) of this section.
[Title 48 RCW—page 70]
(5) At the time of the procuring of any such insurance
an affidavit setting forth the facts referred to in subsections
(2) and (3) of this section must be executed by the surplus
line broker. Such affidavit shall be filed with the commissioner within thirty days after the insurance is procured.
[1983 1st ex.s. c 32 § 4; 1947 c 79 § .15.04; Rem. Supp.
1947 § 45.15.04.]
48.15.050 Endorsement of contract. Every insurance
contract procured and delivered as a surplus line coverage
pursuant to this chapter shall have stamped upon it and be
initialed by or bear the name of the surplus line broker who
procured it, the following:
"This contract is registered and delivered as a surplus
line coverage under the insurance code of the state of
Washington, enacted in 1947." [1947 c 79 § .15.05; Rem.
Supp. 1947 § 45.15.05.]
48.15.060 Validity of contracts. Insurance contracts
procured as surplus line coverage from unauthorized insurers
in accordance with this chapter shall be fully valid and
enforceable as to all parties, and shall be given recognition
in all matters and respects to the same effect as like contracts issued by authorized insurers. [1947 c 79 § .15.06;
Rem. Supp. 1947 § 45.15.06.]
48.15.070 Surplus line brokers—Licensing. Any
individual while a resident of this state, or any firm or any
corporation that has in its employ a qualified individual who
is a resident of this state and who is authorized to exercise
the powers of the firm or corporation, deemed by the
commissioner to be competent and trustworthy, and while
maintaining an office at a designated location in this state,
may be licensed as a surplus line broker in accordance with
this section.
(1) Application to the commissioner for the license shall
be made on forms furnished by the commissioner. As part
of, or in connection with, this application, the applicant shall
furnish information concerning his or her identity, including
fingerprints for submission to the Washington state patrol,
the federal bureau of investigation, and any governmental
agency or entity authorized to receive this information for a
state and national criminal history background check;
personal history; experience; business records; purposes; and
other pertinent information, as the commissioner may reasonably require.
(2) The license shall expire if not timely renewed.
Surplus line brokers licenses shall be valid for the time
period established by the commissioner unless suspended or
revoked at an earlier date.
(3) Prior to issuance of license the applicant shall file
with the commissioner a bond in favor of the state of
Washington in the penal sum of twenty thousand dollars,
with authorized corporate sureties approved by the commissioner, conditioned that he or she will conduct business
under the license in accordance with the provisions of this
chapter and that he or she will promptly remit the taxes
provided by RCW 48.15.120. The licensee shall maintain
such bond in force for as long as the license remains in
effect.
(2002 Ed.)
Unauthorized Insurers
(4) Every applicant for a surplus line broker’s license or
for the renewal of a surplus line broker’s license shall file
with the application or request for renewal a bond in favor
of the people of the state of Washington, executed by an
authorized corporate surety approved by the commissioner,
in the amount of one hundred thousand dollars and shall be
the bonding requirement for new licensees. The licensee
shall maintain such bond in force while so licensed. The
bond may be continuous in form, and total aggregate liability
on the bond may be limited to the amount stated in the bond.
The bond shall be contingent on the accounting by the
surplus line broker to any person requesting such broker to
obtain insurance, for moneys or premiums collected in
connection therewith. A bond issued in accordance with
RCW 48.17.250 or with this subsection will satisfy the
requirements of both RCW 48.17.250 and this subsection if
the limit of liability is not less than the greater of the
requirement of RCW 48.17.250 or the requirement of this
subsection.
(5) Any bond issued pursuant to subsection (3) or (4) of
this section shall remain in force until the surety is released
from liability by the commissioner, or until the bond is
canceled by the surety. Without prejudice to any liability
accrued prior to such cancellation, the surety may cancel the
bond upon thirty days’ advance notice in writing filed with
the commissioner.
(6) If in the process of verifying fingerprints under
subsection (1) of this section, business records, or other
information the commissioner’s office incurs fees or charges
from another governmental agency or from a business firm,
the amount of the fees or charges shall be paid to the
commissioner’s office by the applicant.
(7) For the purposes of this section, a "qualified
individual" is a natural person who has met all the requirements that must be met by an individual surplus line broker.
[2002 c 227 § 3; 1994 c 131 § 3; 1983 1st ex.s. c 32 § 24;
1982 c 181 § 5; 1981 c 199 § 1; 1980 c 102 § 3; 1979 ex.s.
c 130 § 3; 1977 ex.s. c 182 § 2; 1959 c 225 § 4; 1947 c 79
§ .15.07; Rem. Supp. 1947 § 45.15.07.]
Effective date—2002 c 227: See note following RCW 48.06.040.
Severability—1982 c 181: See note following RCW 48.03.010.
48.15.073 Nonresident surplus line brokers—
Licensing—Reciprocity. (1) The commissioner may license
as a surplus line broker a person who is otherwise qualified
under this code but who is not a resident of this state, if by
the laws of the state or province of his or her residence or
domicile a similar privilege is extended to residents of this
state.
(2) A person under subsection (1) of this section must
meet the same qualifications, other than residency, as any
other person seeking to be licensed as a surplus line broker
under this chapter. A person granted a nonresident surplus
line broker’s license must have all the same responsibilities
as any other surplus line broker and is subject to the (a)
commissioner’s supervision as though resident in this state
and (b) rules adopted under this chapter. [2001 c 91 § 1.]
48.15.080 Broker may accept business. A licensed
surplus line broker may accept and place surplus line
business for any insurance agent or broker licensed in this
(2002 Ed.)
48.15.070
state for the kind of insurance involved, and may compensate such agent or broker therefor. [1947 c 79 § .15.08;
Rem. Supp. 1947 § 45.15.08.]
48.15.085 Liability of insurer assuming direct risk.
(1) If pursuant to the surplus lines provisions of this chapter
an insurer has assumed direct risk under a coverage and the
premium therefor has been paid to the broker who placed
such insurance, the insurer shall be liable to the insured for
unearned premiums payable upon cancellation of the
insurance, whether or not the broker is indebted to the
insurer for such premium or otherwise. This provision shall
not affect rights as between the insurer and the broker.
(2) Each such insurer shall be deemed to have subjected
itself to this section by acceptance of such direct risk. [1959
c 225 § 5.]
48.15.090 Solvent insurer required. (1) A surplus
line broker shall not knowingly place surplus line insurance
with insurers unsound financially. The surplus line broker
shall ascertain the financial condition of the unauthorized
insurer, and maintain written evidence thereof, before placing
insurance therewith. The surplus line broker shall not so
insure with:
(a) Any foreign insurer having less than six million
dollars of capital and surplus or substantially equivalent
capital funds, of which not less than one million five
hundred thousand dollars is capital; or
(b) Any alien insurer having less than six million dollars
of capital and surplus or substantially equivalent capital
funds. By January 1, 1992, this requirement shall be
increased to twelve million five hundred thousand dollars.
By January 1, 1993, this requirement shall be further
increased to fifteen million dollars.
Such alien insurers must have in force in the United
States an irrevocable trust fund, in a qualified United States
financial institution, on behalf of United States policyholders
of not less than five million four hundred thousand dollars
and consisting of cash, securities, letters of credit, or of
investments of substantially the same character and quality
as those which are eligible investments for the capital and
statutory reserves of admitted insurers authorized to write
like kinds of insurance in this state.
There must be on file with the commissioner a copy of
the trust, certified by the trustee, evidencing a subsisting
trust fund deposit having an expiration date which at no time
shall be less than five years after the date of creation of the
trust. Such trust fund shall be included in the calculation of
the insurer’s capital and surplus or its equivalents; or
(c) Any group including incorporated and individual
insurers maintaining a trust fund of less than fifty million
dollars as security to the full amount thereof for all policyholders in the United States of each member of the group,
and such trust shall likewise comply with the terms and
conditions established in (b) of this subsection for an alien
insurer; or
(d) Any insurance exchange created by the laws of an
individual state, maintaining capital and surplus, or substantially equivalent capital funds of less than fifty million
dollars in the aggregate. For insurance exchanges which
maintain funds for the protection of all insurance exchange
[Title 48 RCW—page 71]
48.15.090
Title 48 RCW: Insurance
policyholders, each individual syndicate shall maintain
minimum capital and surplus, or the substantial equivalent
thereof, of not less than six million dollars. In the event the
insurance exchange does not maintain funds for the protection of all insurance exchange policyholders, each individual
syndicate shall meet the minimum capital and surplus
requirements of (a) of this subsection.
(2) The commissioner may, by rule:
(a) Increase the financial requirements under subsection
(1) of this section by not more than one million dollars in
any twelve-month period, but in no case may the requirements exceed fifteen million dollars; or
(b) Prescribe the terms under which the foregoing
financial requirements may be waived in circumstances
where insurance cannot be otherwise procured on risks
located in this state.
(3) For any violation of this section the surplus line
broker may be fined not less than one hundred dollars or
more than five thousand dollars, and in addition to or in lieu
thereof the surplus line broker’s license may be revoked,
suspended, or nonrenewed. [1997 c 89 § 1; 1994 c 86 § 2;
1991 sp.s. c 5 § 2; 1980 c 102 § 4; 1975 1st ex.s. c 266 § 6;
1969 ex.s. c 241 § 10; 1955 c 303 § 5; 1947 c 79 § .15.09;
Rem. Supp. 1947 § 45.15.09.]
Effective date—1997 c 89: "This act takes effect June 1, 1998."
[1997 c 89 § 2.]
Effective date—1994 c 86: See note following RCW 48.12.160.
Effective date—1991 sp.s. c 5: See note following RCW 48.05.340.
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.15.100 Record of surplus line broker. (1) Each
licensed surplus line broker shall keep a full and true record
of each surplus line contract procured by him including a
copy of the daily report, if any, showing such of the following items as may be applicable:
(a) Amount of the insurance;
(b) Gross premiums charged;
(c) Return premium paid, if any;
(d) Rate of premium charged upon the several items of
property;
(e) Effective date of the contract, and the terms thereof;
(f) Name and address of the insurer;
(g) Name and address of the insured;
(h) Brief general description of property insured and
where located;
(i) Other information as may be required by the commissioner.
(2) All such records as to any particular transaction shall
be kept available and open to the inspection of the commissioner at any business time during the five years next
following the date of completion of such transaction. [1955
c 303 § 6; 1947 c 79 § .15.10; Rem. Supp. 1947 §
45.15.10.]
48.15.110 Broker’s annual statement. (1) Each
surplus line broker shall on or before the first day of March
of each year file with the commissioner a verified statement
of all surplus line insurance transacted by him during the
preceding calendar year.
[Title 48 RCW—page 72]
(2) The statement shall be on forms as prescribed and
furnished by the commissioner and shall show:
(a) Aggregate of net premiums;
(b) Additional information as required by the commissioner. [1955 c 303 § 7; 1947 c 79 § .15.11; Rem. Supp.
1947 § 45.15.11.]
48.15.120 Premium tax—Surplus lines. (1) On or
before the first day of March of each year each surplus line
broker shall remit to the state treasurer through the commissioner a tax on the premiums, exclusive of sums collected to
cover federal and state taxes and examination fees, on
surplus line insurance subject to tax transacted by him during
the preceding calendar year as shown by his annual statement filed with the commissioner, and at the same rate as is
applicable to the premiums of authorized foreign insurers
under this code. Such tax when collected shall be credited
to the general fund.
(2) If a surplus line policy covers risks or exposures
only partially in this state the tax so payable shall be
computed upon the proportion of the premium which is
properly allocable to the risks or exposures located in this
state. [1947 c 79 § .15.12; Rem. Supp. 1947 § 45.15.12.]
48.15.130 Penalty for default. If any surplus line
broker fails to file his annual statement, or fails to remit the
tax provided by RCW 48.15.120, by the last day of the
month in which the tax becomes due, the surplus line broker
shall pay the penalties provided in RCW 48.14.060. The tax
may be collected by distraint, or the tax and fine may be
recovered by an action instituted by the commissioner in any
court of competent jurisdiction. Any fine collected by the
commissioner shall be paid to the state treasurer and credited
to the general fund. [1983 1st ex.s. c 32 § 5; 1980 c 102 §
5; 1947 c 79 § .15.13; Rem. Supp. 1947 § 45.15.13.]
48.15.140 Revocation, suspension, or failure to
renew broker’s license. (1) The commissioner may revoke,
suspend, or refuse to renew any surplus line broker’s license:
(a) If the surplus line broker fails to file his annual
statement or to remit the tax as required by this chapter; or
(b) If the surplus line broker fails to maintain an office
in this state, or to keep the records, or to allow the commissioner to examine his records as required by this chapter; or
(c) For any of the causes for which a broker’s license
may be revoked under chapter 48.17 RCW.
(2) The commissioner may suspend or revoke any such
license whenever he deems suspension or revocation to be
for the best interests of the people of this state.
(3) The procedures provided by this code for the
suspension or revocation of general brokers’ licenses shall be
applicable to suspension or revocation of a surplus line
broker’s license.
(4) No broker whose license has been so revoked shall
again be so licensed within one year thereafter, nor until any
fines or delinquent taxes owing by him have been paid.
[1980 c 102 § 6; 1947 c 79 § .15.14; Rem. Supp. 1947 §
45.15.14.]
48.15.150 Legal process against surplus line insurer.
(1) An unauthorized insurer shall be sued, upon any cause of
(2002 Ed.)
Unauthorized Insurers
action arising in this state under any contract issued by it as
a surplus line contract, pursuant to this chapter, in the
superior court of the county in which the cause of action
arose.
(2) Service of legal process against the insurer may be
made in any such action by service upon the commissioner
of duplicate copies of such legal process either by a person
competent to serve a summons or by registered mail or
certified mail with return receipt requested. At the time of
such service the plaintiff shall pay to the commissioner ten
dollars, taxable as costs in the action. The commissioner
shall forthwith mail the documents of process served, or a
true copy thereof, to the insurer at its principal place of
business last known to the commissioner, or to the person
designated by the insurer for that purpose in the most recent
document filed with the commissioner, on forms prescribed
by the commissioner, by prepaid registered or certified mail
with return receipt requested. The insurer shall have forty
days from the date of service upon the commissioner within
which to plead, answer, or otherwise defend the action.
Upon service of process upon the commissioner in accordance with this provision, the court shall be deemed to have
jurisdiction in personam of the insurer.
(3) An unauthorized insurer issuing such policy shall be
deemed thereby to have authorized service of process against
it in the manner and to the effect as provided in this section.
Any such policy shall contain a provision designating the
commissioner as the person upon whom service of process
may be made. [1979 ex.s. c 199 § 4; 1963 c 195 § 16; 1955
c 303 § 8; 1947 c 79 § .15.15; Rem. Supp. 1947 §
45.15.15.]
48.15.160 Exemptions from surplus line requirements. (1) The provisions of this chapter controlling the
placing of insurance with unauthorized insurers shall not
apply to reinsurance or to the following insurances when so
placed by licensed agents or brokers of this state:
(a) Ocean marine and foreign trade insurances.
(b) Insurance on subjects located, resident, or to be performed wholly outside of this state, or on vehicles or aircraft
owned and principally garaged outside this state.
(c) Insurance on operations of railroads engaged in
transportation in interstate commerce and their property used
in such operations.
(d) Insurance of aircraft owned or operated by manufacturers of aircraft, or of aircraft operated in schedule interstate
flight, or cargo of such aircraft, or against liability, other
than workers’ compensation and employer’s liability, arising
out of the ownership, maintenance or use of such aircraft.
(2) Agents and brokers so placing any such insurance
with an unauthorized insurer shall keep a full and true record
of each such coverage in detail as required of surplus line
insurance under this chapter and shall meet the requirements
imposed upon a surplus line broker pursuant to RCW
48.15.090 and any regulations adopted thereunder. The
record shall be preserved for not less than five years from
the effective date of the insurance and shall be kept available
in this state and open to the examination of the commissioner. The agent or broker shall furnish to the commissioner at
the commissioner’s request and on forms as designated and
furnished by him or her a report of all such coverages so
(2002 Ed.)
48.15.150
placed in a designated calendar year. [1987 c 185 § 23;
1985 c 264 § 5; 1949 c 190 § 22; 1947 c 79 § .15.16; Rem.
Supp. 1949 § 45.15.16.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.15.170 Records of insureds—Inspection. Every
person for whom insurance has been placed with an unauthorized insurer pursuant to or in violation of this chapter shall,
upon the commissioner’s order, produce for his examination
all policies and other documents evidencing the insurance,
and shall disclose to the commissioner the amount of the
gross premiums paid or agreed to be paid for the insurance.
For each refusal to obey such order, such person shall be
liable to a fine of not more than five hundred dollars. [1947
c 79 § .15.17; Rem. Supp. 1947 § 45.15.17.]
Chapter 48.16
DEPOSITS OF INSURERS
Sections
48.16.010
48.16.020
48.16.030
48.16.050
48.16.060
48.16.070
48.16.080
48.16.090
48.16.100
48.16.110
48.16.120
48.16.130
Deposits of insurers—In general.
Deposits to be held in trust.
Securities eligible for deposit.
Commissioner’s receipt—Records.
Transfer of securities.
Depositaries—Designation.
Liability for safekeeping.
Dividends and substitutions.
Release of deposits—Generally.
Release of existing deposits.
Voluntary excess deposits.
Immunity from levy.
48.16.010 Deposits of insurers—In general. The
commissioner shall accept deposits of securities or funds by
insurers as follows:
(1) Deposits in amount as required to be made as
prerequisite to a certificate of authority to transact insurance
in this state.
(2) Deposits of domestic or alien insurers in amount as
required to be made by the laws of other states as prerequisite for authority to transact insurance in such other states.
(3) Deposits in amounts as result from application of the
retaliatory provision, RCW 48.14.040.
(4) Deposits in other additional amounts permitted to be
made by this code. [1955 c 86 § 3; 1947 c 79 § .16.01;
Rem. Supp. 1947 § 45.16.01.]
Effective date—Supervision of transfer—1955 c 86: See notes
following RCW 48.05.080.
48.16.020 Deposits to be held in trust. Each such
deposit shall be held by the commissioner in trust for the
protection of all policyholders in the United States of the
insurer making it; except that deposits of alien insurers shall
be so held for the security of such insurer’s obligations arising out of its insurance transactions in the United States, and
except as to deposits the purpose of which may be further
limited pursuant to the retaliatory provision, RCW 48.14.040.
[1955 c 86 § 4; 1947 c 79 § .16.02; Rem. Supp. 1947 §
45.16.02.]
Effective date—Supervision of transfer—1955 c 86: See notes
following RCW 48.05.080.
[Title 48 RCW—page 73]
48.16.030
Title 48 RCW: Insurance
48.16.030 Securities eligible for deposit. All such
deposits shall consist of cash funds or public obligations as
specified in RCW 48.13.040; except, that with respect to
deposits held on account of registered policies heretofore
issued, the commissioner may accept deposit of such other
kinds of securities as are expressly required to be deposited
by the terms of such policies. [1955 c 86 § 5; 1947 c 79 §
.16.03; Rem. Supp. 1947 § 45.16.03.]
Effective date—Supervision of transfer—1955 c 86: See notes
following RCW 48.05.080.
48.16.050 Commissioner’s receipt—Records. (1)
The commissioner shall deliver to the insurer a receipt for all
funds and securities so deposited by it.
(2) The commissioner or the designated depositary shall
keep a record in permanent form of all funds and securities
so deposited. [1955 c 86 § 6; 1947 c 79 § .16.05; Rem.
Supp. 1947 § 45.16.05.]
Effective date—Supervision of transfer—1955 c 86: See notes
following RCW 48.05.080.
48.16.060 Transfer of securities. (1) No transfer of
any funds or security so held on deposit, whether voluntary
or by operation of law, shall be valid unless approved in
writing by the commissioner.
(2) A statement of each such transfer shall be entered on
the records of the commissioner or designated depositary,
showing the name of the insurer from whose deposit such
transfer is made, the name of the transferee, and the par
value of the securities so transferred. [1955 c 86 § 7; 1947
c 79 § .16.06; Rem. Supp. 1947 § 45.16.06.]
Effective date—Supervision of transfer—1955 c 86: See notes
following RCW 48.05.080.
48.16.070 Depositaries—Designation. The commissioner may designate any solvent trust company or other
solvent financial institution having trust powers as the
commissioner’s depositary to receive and hold any deposit
of securities. Any deposit so held shall be at the expense of
the insurer. Any solvent financial institution having trust
powers, the deposits of which are insured by the Federal
Deposit Insurance Corporation, may be designated as the
commissioner’s depositary to receive and hold any deposit
of funds. All funds deposited shall be fully insured by the
Federal Deposit Insurance Corporation. For purposes of this
section, "solvent financial institution" means any national or
state-chartered commercial bank or trust company, savings
bank, or savings association, or branch or branches thereof,
having trust powers located in this state and lawfully engaged in business. [1998 c 25 § 1; 1985 c 264 § 6; 1955 c
86 § 8; 1947 c 79 § .16.07; Rem. Supp. 1947 § 45.16.07.]
Effective date—Supervision of transfer—1955 c 86: See notes
following RCW 48.05.080.
48.16.080 Liability for safekeeping. The state of
Washington shall be responsible for the safekeeping and
return of all funds and securities deposited pursuant to this
chapter with the commissioner or in any such depositary so
designated by him. [1955 c 86 § 9; 1947 c 79 § .16.08;
Rem. Supp. 1947 § 45.16.08.]
[Title 48 RCW—page 74]
Effective date—Supervision of transfer—1955 c 86: See notes
following RCW 48.05.080.
48.16.090 Dividends and substitutions. While
solvent and complying with this code an insurer shall be
entitled:
(1) To collect and receive interest and dividends
accruing on the securities so held on deposit for its account,
and
(2) From time to time exchange and substitute for any
of such securities, other securities eligible for deposit and of
at least equal value. [1947 c 79 § .16.09; Rem. Supp. 1947
§ 45.16.09.]
48.16.100 Release of deposits—Generally. (1) Any
such required deposit shall be released in these instances
only:
(a) Upon extinguishment of all liabilities of the insurer
for the security of which the deposit is held, by reinsurance
contract or otherwise.
(b) If any such deposit or portion thereof is no longer
required under this code.
(c) If the deposit has been made pursuant to the retaliatory provision, RCW 48.14.040, it shall be released in whole
or in part when no longer so required.
(d) Upon proper order of a court of competent jurisdiction the deposit shall be released to the receiver, conservator,
rehabilitator, or liquidator of the insurer for whose account
the deposit is held.
(2) No such release shall be made except on application
to and written order of the commissioner made upon proof
satisfactory to him of the existence of one of such grounds
therefor. The commissioner shall have no personal liability
for any such release of any deposit or part thereof so made
by him in good faith.
(3) All releases of deposits or any part thereof shall be
made to the person then entitled thereto upon proof of title
satisfactory to the commissioner.
(4) Deposits held on account of title insurers are subject
further to the provisions of chapter 48.29 RCW. [1947 c 79
§ .16.10; Rem. Supp. 1947 § 45.16.10.]
48.16.110 Release of existing deposits. Any part of
any deposit of an insurer held by the commissioner which is
in amount in excess of the deposit required or permitted to
be made by such insurer under this code, shall, upon written
order of the commissioner, be released; except, that no
deposit held on account of any registered policies heretofore
issued by the insurer shall be released except in accordance
with the conditions under which such deposit was made.
[1955 c 86 § 10; 1947 c 79 § .16.11; Rem. Supp. 1947 §
45.16.11.]
Effective date—Supervision of transfer—1955 c 86: See notes
following RCW 48.05.080.
48.16.120 Voluntary excess deposits. An insurer
may deposit and maintain on deposit with the commissioner
funds and eligible securities in amount exceeding its required
deposit under this code by not more than one hundred
thousand dollars, for the purpose of absorbing fluctuations in
the value of securities held in its required deposit, and to
(2002 Ed.)
Deposits of Insurers
facilitate the exchange and substitution of such required
securities. During the solvency of the insurer any such
excess deposit or any part thereof shall be released to it upon
its request. During the insolvency of the insurer such excess
deposit shall be released only as provided in RCW
48.16.100. [1955 c 86 § 11; 1947 c 79 § .16.12; Rem.
Supp. 1947 § 45.16.12.]
Effective date—Supervision of transfer—1955 c 86: See notes
following RCW 48.05.080.
48.16.130 Immunity from levy. No judgment
creditor or other claimant of an insurer shall levy upon any
deposit held pursuant to this chapter, or upon any part
thereof. [1947 c 79 § .16.13; Rem. Supp. 1947 § 45.16.13.]
Chapter 48.17
AGENTS, BROKERS, SOLICITORS,
AND ADJUSTERS
Sections
48.17.010
48.17.020
48.17.030
48.17.040
48.17.050
48.17.055
48.17.060
48.17.065
48.17.070
48.17.090
48.17.100
48.17.110
48.17.120
48.17.125
48.17.130
48.17.150
48.17.160
48.17.170
48.17.180
48.17.190
48.17.200
48.17.210
48.17.230
48.17.240
48.17.250
48.17.260
48.17.270
48.17.280
48.17.290
48.17.300
48.17.310
48.17.320
48.17.330
48.17.340
48.17.380
48.17.390
48.17.410
48.17.420
48.17.430
48.17.450
48.17.460
48.17.470
48.17.475
48.17.480
48.17.490
48.17.500
48.17.510
48.17.520
(2002 Ed.)
"Agent" defined.
"Broker" defined.
"Solicitor" defined.
Service representatives.
"Adjuster" defined.
"Insurance education provider" defined.
License required—Exceptions—Penalty.
Application of chapter to health care service contractors and
health maintenance organizations.
General qualifications for license.
Application for license.
One filing of personal data sufficient.
Examination of applicants.
Scope of examinations.
Examination questions—Confidentiality—Penalties.
Examinations—Form, time of, fee.
Agent’s and broker’s qualifications—Continuing education
requirements.
Appointment of agents—Revocation—Expiration—Renewal.
Form and content of licenses.
Licenses to firms and corporations.
Limited licenses.
One license required by agent.
Minimum license combinations.
Agent placing rejected business.
Scope of broker’s license.
Broker’s bond.
Broker’s authority—Commissions.
Agent-broker combinations—Compensation—Disclosure.
Solicitor’s qualifications.
Solicitor’s license—Application.
Solicitor’s license fee—Custody—Cancellation.
Limitations upon solicitors.
Responsibility of employing agent or broker.
Nonresident agents and brokers—Reciprocity.
Service of process against nonresident agent or broker.
Adjusters—Qualifications for license.
Adjusters—Separate licenses.
Authority of adjuster.
Agent may adjust—Nonresident adjusters.
Public adjuster’s bond.
Place of business.
Display of license.
Records of agents, brokers, adjusters.
Licensee to reply promptly to inquiry by commissioner.
Reporting and accounting for premiums.
Sharing commissions.
Expiration and renewal of licenses.
Temporary licenses.
Temporary licenses—Duration—Limitations.
48.16.120
48.17.530
48.17.535
Refusal, suspension, revocation of licenses.
License or certificate suspension—Noncompliance with
support order—Reissuance.
48.17.540 Procedure to suspend, revoke, or refuse—Effect of conviction of felony.
48.17.550 Duration of suspension.
48.17.560 Fines may be imposed.
48.17.563 Insurance education providers—Commissioner’s approval—
Renewal fee.
48.17.565 Insurance education providers—Violations—Costs awarded.
48.17.568 Insurance education providers—Bond.
48.17.591 Termination of agency contract—Effect on insured.
48.17.600 Separation of premium funds.
Agent on commission not subject to unemployment compensation: RCW
50.04.230.
Binders: RCW 48.18.230.
Illegal inducements: RCW 48.30.150.
Independent agency contract: Chapter 48.18 RCW.
Rebating: RCW 48.30.140.
"Twisting" prohibited: RCW 48.30.180.
Unfair practices: Chapter 48.30 RCW.
48.17.010 "Agent" defined. "Agent" means any
person appointed by an insurer to solicit applications for
insurance on its behalf. If authorized so to do, an agent may
effectuate insurance contracts. An agent may collect
premiums on insurances so applied for or effectuated. [1985
c 264 § 7; 1981 c 339 § 9; 1947 c 79 § .17.01; Rem. Supp.
1947 § 45.17.01.]
48.17.020 "Broker" defined. "Broker" means any
person who, on behalf of the insured, for compensation as an
independent contractor, for commission, or fee, and not
being an agent of the insurer, solicits, negotiates, or procures
insurance or reinsurance or the renewal or continuance
thereof, or in any manner aids therein, for insureds or
prospective insureds other than himself. [1947 c 79 §
.17.02; Rem. Supp. 1947 § 45.17.02.]
48.17.030 "Solicitor" defined. "Solicitor" means an
individual authorized by an agent or broker to solicit
applications for insurance as a representative of such agent
or broker and to collect premiums in connection therewith.
An individual employed by, and devoting full time to clerical
work with incidental taking of insurance applications and
receiving premiums in the office of the agent or broker is
not deemed to be a solicitor if his compensation is not
related to the volume of such applications, insurances, or
premiums. [1947 c 79 § .17.03; Rem. Supp. 1947 §
45.17.03.]
48.17.040 Service representatives. Individuals other
than an officer, manager, or general agent of the insurer,
employed on salary by an insurer or general agent to work
with and assist agents in soliciting, negotiating, and effectuating insurance in such insurer or in the insurers represented by the general agent, are deemed to be service representatives and are not required to be licensed. [1947 c 79 §
.17.04; Rem. Supp. 1947 § 45.17.04.]
48.17.050 "Adjuster" defined. (1) "Adjuster" means
any person who, for compensation as an independent
contractor or as an employee of an independent contractor,
[Title 48 RCW—page 75]
48.17.050
Title 48 RCW: Insurance
or for fee or commission, investigates or reports to his
principal relative to claims arising under insurance contracts,
on behalf solely of either the insurer or the insured. An
attorney at law who adjusts insurance losses from time to
time incidental to the practice of his profession, or an
adjuster of marine losses, or a salaried employee of an
insurer or of a general agent, is not deemed to be an
"adjuster" for the purposes of this chapter.
(2) "Independent adjuster" means such an adjuster
representing the interests of the insurer.
(3) "Public adjuster" means an adjuster employed by
and representing solely the financial interests of the insured
named in the policy. [1947 c 79 § .17.05; Rem. Supp. 1947
§ 45.17.05.]
48.17.055 "Insurance education provider" defined.
"Insurance education provider" means any insurer, health
care service contractor, health maintenance organization,
professional association, educational institution created by
Washington statutes, or vocational school licensed under
Title 28C RCW or independent contractor to which the
commissioner has granted authority to conduct and certify
completion of a course satisfying the insurance education
requirements of RCW 48.17.150. [1989 c 323 § 2.]
Effective date—1989 c 323: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 323 § 8.]
48.17.060 License required—Exceptions—Penalty.
(1) No person shall in this state act as or hold himself out to
be an agent, broker, solicitor, or adjuster unless then licensed
therefor by this state.
(2) No agent, solicitor, or broker shall solicit or take
applications for, procure, or place for others any kind of
insurance for which he is not then licensed.
(3) This section shall not apply with respect to any
person securing and forwarding information required for the
purposes of group credit life and credit disability insurance
or credit casualty insurance against loss or damage resulting
from failure of debtors to pay their obligations in connection
with an extension of credit and such other credit life and
disability insurance or credit casualty insurance against loss
or damage resulting from failure of debtors to pay their
obligations as the commissioner shall determine, and where
no commission or other compensation is payable on account
of the securing and forwarding of such information.
However, the reimbursement of a creditor’s actual expenses
for securing and forwarding information required for the
purposes of such group insurance shall not be considered a
commission or other compensation if such reimbursement
does not exceed three dollars per certificate issued, or in the
case of a monthly premium plan extending beyond twelve
months, not to exceed three dollars per loan transaction
revision per year.
(4) Any person violating this section shall be liable to
a fine of not to exceed five hundred dollars and imprisonment for not to exceed six months for each instance of such
violation. [1995 c 214 § 1; 1975 1st ex.s. c 266 § 7; 1955
c 303 § 9; 1947 c 79 § .17.06; Rem. Supp. 1947 §
45.17.06.]
[Title 48 RCW—page 76]
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.17.065 Application of chapter to health care
service contractors and health maintenance organizations.
The provisions of this chapter shall apply to agents of health
care service contractors and health maintenance organizations. [1983 c 202 § 7.]
48.17.070 General qualifications for license. For the
protection of the people of this state the commissioner shall
not issue or renew any such license except in compliance
with this chapter, nor to, nor to be exercised by, any person
found by him to be untrustworthy, or incompetent, or who
has not established to the satisfaction of the commissioner
that he is qualified therefor in accordance with this chapter.
[1947 c 79 § .17.07; Rem. Supp. 1947 § 45.17.07.]
48.17.090 Application for license. (1) Application
for a license to be an agent, broker, solicitor, or adjuster
shall be made to the commissioner upon forms furnished by
the commissioner. As a part of or in connection with any
such application, the applicant shall furnish information
concerning his or her identity, including fingerprints for
submission to the Washington state patrol, the federal bureau
of investigation, and any governmental agency or entity authorized to receive this information for a state and national
criminal history background check, personal history, experience, business record, purposes, and other pertinent facts, as
the commissioner may reasonably require.
(2) Persons resident in the United States but not in
Washington may apply for such a license on a form prepared
by the national association of insurance commissioners or
others, if those forms are approved by the commissioner by
rule. An applicant shall also furnish any other information
required to be submitted but not provided for in that form.
(3) Any person willfully misrepresenting any fact
required to be disclosed in any such application shall be
liable to penalties as provided by this code.
(4) If in the process of verifying fingerprints under
subsection (1) of this section, business records, or other
information the commissioner’s office incurs fees or charges
from another governmental agency or from a business firm,
the amount of such fees or charges shall be paid to the
commissioner’s office by the applicant. [2002 c 227 § 2;
2001 c 56 § 1; 1982 c 181 § 6; 1981 c 339 § 10; 1967 c 150
§ 15; 1947 c 79 § .17.09; Rem. Supp. 1947 § 45.17.09.]
Effective date—2002 c 227: See note following RCW 48.06.040.
Severability—1982 c 181: See note following RCW 48.03.010.
48.17.100 One filing of personal data sufficient. (1)
The filing of personal data by an individual in connection
with one application for an agent’s license shall be sufficient,
regardless of the number of insurers to be represented by the
agent or the number of subsequent applications by the same
applicant.
(2) The commissioner may, for his information from
time to time require any licensed agent, or solicitor, or
broker, or adjuster, to supply him with the information called
for in an application for license. [1947 c 79 § .17.10; Rem.
Supp. 1947 § 45.17.10.]
(2002 Ed.)
Agents, Brokers, Solicitors, and Adjusters
48.17.110 Examination of applicants. (1) Each
applicant for license as an agent, broker, solicitor, or adjuster
shall, prior to the issuance of any such license, personally
take and pass to the satisfaction of the examining authority,
an examination given as a test of that person’s qualifications
and competence, but this requirement shall not apply to:
(a) Applicants for limited licenses under RCW
48.17.190, at the discretion of the commissioner.
(b) Applicants who within the two year period next
preceding date of application have been licensed as a
resident in this state under a license requiring qualifications
similar to qualifications required by the license applied for
or who have successfully completed a course of study
recognized as a mark of distinction by the insurance industry
and who are deemed by the commissioner to be fully qualified and competent.
(c) Applicants for license as a nonresident agent or as
a nonresident broker or as a nonresident adjuster who are
duly licensed in their state of residence and who are deemed
by the commissioner to be fully qualified and competent for
a similar license in this state.
(d) Applicants for an agent’s or solicitor’s license
covering the same kinds of insurance as an agent’s or
solicitor’s license then held by them.
(e) Applicants for an adjuster’s license who for a period
of one year, a portion of which was in the year next preceding the date of application, have been a full time salaried
employee of an insurer or of a general agent to adjust,
investigate, or report claims arising under insurance contracts.
(2) Any person licensed as an insurance broker by this
state prior to June 8, 1967, who is otherwise qualified to be
a licensed insurance broker, shall be entitled to renew that
person’s broker’s license by payment of the applicable fee
for such of the broker’s licenses authorized by RCW
48.17.240, as that person shall elect, without taking any
additional examination, except as provided in subsection (3).
(3) The commissioner may at any time require any
licensed agent, broker, solicitor, or adjuster to take and
successfully pass an examination testing the licensee’s
competence and qualifications as a condition to the continuance or renewal of a license, if the licensee has been
guilty of violation of this code, or has so conducted affairs
under an insurance license as to cause the commissioner
reasonably to desire further evidence of the licensee’s
qualifications. [1990 1st ex.s. c 3 § 2; 1977 ex.s. c 182 § 3;
1967 c 150 § 16; 1965 ex.s. c 70 § 19; 1963 c 195 § 17;
1955 c 303 § 10; 1949 c 190 § 23; 1947 c 79 § .17.11; Rem.
Supp. 1949 § 45.17.11.]
48.17.120 Scope of examinations. (1) Each such
examination shall be of sufficient scope and difficulty to test
the applicant’s knowledge relative to the kinds of insurance
which may be dealt with under the license applied for, and
of the duties and responsibilities of, and laws of this state
applicable to, such a licensee, and so as reasonably to assure
that a passing score indicates that the applicant is qualified
from the standpoint of knowledge and education.
(2) Examination as to ocean marine and related
coverages may be waived by the commissioner as to any
(2002 Ed.)
48.17.110
applicant deemed by the commissioner to be qualified by
past experience to deal in such insurances.
(3) The commissioner shall prepare, or approve, and
make available to insurers, general agents, brokers, agents,
and applicants a printed manual specifying in general terms
the subjects which may be covered in any examination for
a particular license. [1989 c 323 § 6; 1981 c 111 § 2; 1967
c 150 § 17; 1955 c 303 § 11; 1947 c 79 § .17.12; Rem.
Supp. 1947 § 45.17.12.]
Effective date—1989 c 323: See note following RCW 48.17.055.
48.17.125 Examination questions—Confidentiality—
Penalties. It is unlawful for any unauthorized person to
remove, reproduce, duplicate, or distribute in any form, any
question(s) used by the state of Washington to determine the
qualifications and competence of insurance agents, brokers,
solicitors, or adjusters required by Title 48 RCW to be
licensed. This section shall not prohibit an insurance
education provider from creating and using sample test
questions in courses approved pursuant to RCW 48.17.150.
Any person violating this section shall be subject to
penalties as provided by RCW 48.01.080 and 48.17.560.
[1989 c 323 § 1.]
Effective date—1989 c 323: See note following RCW 48.17.055.
48.17.130 Examinations—Form, time of, fee. (1)
The answers of the applicant to any such examination shall
be written by the applicant under the examining authority’s
supervision, and any such written examination may be
supplemented by oral examination at the discretion of the
examining authority.
(2) Examinations shall be given at such times and places
within this state as the examining authority deems necessary
reasonably to serve the convenience of both the examining
authority and applicants.
(3) The examining authority may require a waiting
period of reasonable duration before giving a new examination to an applicant who has failed to pass a previous similar
examination.
(4) For each examination taken, the commissioner shall
collect in advance the fee provided in RCW 48.14.010. In
the event the commissioner contracts with an independent
testing service for examination development and administration, the examination fee may be collected directly by such
testing service. [1981 c 111 § 3; 1967 c 150 § 18; 1947 c
79 § .17.13; Rem. Supp. 1947 § 45.17.13.]
48.17.150 Agent’s and broker’s qualifications—
Continuing education requirements. (1) To qualify for an
agent’s or broker’s license an applicant must otherwise
comply with this code therefor and must
(a) be eighteen years of age or over, if an individual;
(b) be a bona fide resident of and actually reside in this
state, or if a corporation, be other than an insurer and
maintain a lawfully established place of business in this
state, except as provided in RCW 48.17.330;
(c) be empowered to be an agent or broker, as the case
may be, under its members’ agreement, if a firm, or by its
articles of incorporation, if a corporation;
(d) complete such minimum educational requirements
for the issuance of an agent’s license for the kinds of
[Title 48 RCW—page 77]
48.17.150
Title 48 RCW: Insurance
insurance specified in RCW 48.17.210 as may be required
by regulation issued by the commissioner;
(e) successfully pass any examination as required under
RCW 48.17.110;
(f) be a trustworthy person;
(g) if for an agent’s license, be appointed as its agent by
one or more authorized insurers, subject to issuance of the
license; and
(h) if for broker’s license, have had at least two years
experience either as an agent, solicitor, adjuster, general
agent, broker, or as an employee of insurers or representatives of insurers, and special education or training of sufficient duration and extent reasonably to satisfy the commissioner that he possesses the competence necessary to fulfill
the responsibilities of broker.
(2) The commissioner shall by regulation establish
minimum continuing education requirements for the renewal
or reissuance of a license to an agent or a broker: PROVIDED, That the commissioner shall require that continuing education courses will be made available on a statewide basis in
order to ensure that persons residing in all geographical areas
of this state will have a reasonable opportunity to attend
such courses. The continuing education requirements shall
be appropriate to the license for the kinds of insurance specified in RCW 48.17.210: PROVIDED FURTHER, That the
continuing education requirements may be waived by the
commissioner for good cause shown.
(3) If the commissioner finds that the applicant is so
qualified and that the license fee has been paid, the license
shall be issued. Otherwise, the commissioner shall refuse to
issue the license. [1994 c 131 § 4; 1988 c 248 § 9; 1979
ex.s. c 269 § 7; 1971 ex.s. c 292 § 47; 1967 c 150 § 19;
1961 c 194 § 4; 1947 c 79 § .17.15; Rem. Supp. 1947 §
45.17.15.]
Effective date, implementation—1979 ex.s. c 269: See note
following RCW 48.14.010.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
48.17.160 Appointment of agents—Revocation—
Expiration—Renewal. (1) Each insurer on appointing an
agent in this state shall file written notice thereof with the
commissioner on forms as prescribed and furnished by the
commissioner, and shall pay the filing fee therefor as
provided in RCW 48.14.010. The commissioner shall return
the appointment of agent form to the insurer for distribution
to the agent. The commissioner may adopt regulations
establishing alternative appointment procedures for individuals within licensed firms, corporations, or sole proprietorships who are empowered to exercise the authority conferred
by the firm, corporate, or sole proprietorship license.
(2) Each appointment shall be effective until the agent’s
license expires or is revoked, the appointment has expired,
or written notice of termination of the appointment is filed
with the commissioner, whichever occurs first.
(3) When the appointment is revoked by the insurer,
written notice of such revocation shall be given to the agent
and a copy of the notice of revocation shall be mailed to the
commissioner.
(4) Revocation of an appointment by the insurer shall be
deemed to be effective as of the date designated in the notice
as being the effective date if the notice is actually received
[Title 48 RCW—page 78]
by the agent prior to such designated date; otherwise, as of
the earlier of the following dates:
(a) The date such notice of revocation was received by
the agent.
(b) The date such notice, if mailed to the agent at his
last address of record with the insurer, in due course should
have been received by the agent.
(5) Appointments expire if not timely renewed. Each
insurer shall pay the renewal fee set forth for each agent
holding an appointment on the renewal date assigned the
agents of the insurer by the commissioner. The commissioner, by rule, shall determine renewal dates. If a staggered
system is used, fees shall be prorated in the conversion to a
staggered system. [1994 c 131 § 5; 1990 1st ex.s. c 3 § 3;
1979 ex.s. c 269 § 2; 1967 c 150 § 20; 1959 c 225 § 6;
1955 c 303 § 13; 1947 c 79 § .17.16; Rem. Supp. 1947 §
45.17.16.]
Effective date, implementation—1979 ex.s. c 269: See note
following RCW 48.14.010.
48.17.170 Form and content of licenses. Agents’,
solicitors’, adjusters’ and brokers’ licenses shall be in the
form and contain the essential information prescribed by the
commissioner. [1979 ex.s. c 269 § 3; 1947 c 79 § .17.17;
Rem. Supp. 1947 § 45.17.17.]
Effective date, implementation—1979 ex.s. c 269: See note
following RCW 48.14.010.
48.17.180 Licenses to firms and corporations. (1)
A firm or corporation may be licensed as an agent, adjuster,
or broker if each individual empowered to exercise the
authority conferred by the corporate or firm license is also
licensed. Exercise or attempted exercise of the powers of
the firm or corporation by an unlicensed person, with the
knowledge or consent of the firm or corporation, shall
constitute cause for the revocation or suspension of the
license.
(2) Licenses shall be issued in a trade name only upon
proof satisfactory to the commissioner that the trade name
has been lawfully registered.
(3) For the purpose of this section, a firm shall include
a duly licensed individual acting as a sole proprietorship
having associated licensees authorized to act on the
proprietor’s behalf in the proprietor’s business or trade name.
[1990 1st ex.s. c 3 § 4; 1979 ex.s. c 269 § 4; 1947 c 79 §
.17.18; Rem. Supp. 1947 § 45.17.18.]
Effective date, implementation—1979 ex.s. c 269: See note
following RCW 48.14.010.
Title insurance agents, separate licenses for individuals not required: RCW
48.29.170.
48.17.190 Limited licenses. The commissioner may
issue limited licenses to the following:
(1) Persons selling transportation tickets of a common
carrier of persons or property who shall act as such agents
only as to transportation ticket policies of disability insurance or baggage insurance on personal effects.
(2) Compensated master policyholders of credit life and
credit accident and health insurance and credit casualty
insurance against loss or damage resulting from failure of
debtors to pay their obligations, retail dealers compensated
(2002 Ed.)
Agents, Brokers, Solicitors, and Adjusters
by any such master policyholders, or the authorized representative(s) of either.
(3) Persons selling special or unique policies of insurance covering goods sold or leased from a primary business
or activity other than the transaction of insurance or covering
collateral securing loans from a primary business or activity
other than the transaction of insurance if, in the
commissioner’s discretion, such limited license would
safeguard and promote the public interest. [1995 c 214 § 2;
1979 c 138 § 1; 1967 c 150 § 21; 1947 c 79 § .17.19; Rem.
Supp. 1947 § 45.17.19.]
48.17.200 One license required by agent. An agent
is required to have but one license regardless of the number
of appointments by insurers the agent may have. [1979 ex.s.
c 269 § 5; 1955 c 303 § 14; 1947 c 79 § .17.20; Rem. Supp.
1947 § 45.17.20.]
Effective date, implementation—1979 ex.s. c 269: See note
following RCW 48.14.010.
48.17.210 Minimum license combinations. Except
as provided in RCW 48.17.190, an agent’s license shall not
be issued unless it includes, and the applicant is qualified
for, one or more of the following kinds of insurance:
(1) Casualty.
(2) Disability.
(3) Life.
(4) Marine and transportation.
(5) Property.
(6) Surety.
(7) Vehicle. [1947 c 79 § .17.21; Rem. Supp. 1947 §
45.17.21.]
48.17.230 Agent placing rejected business. A
licensed agent appointed by an insurer as to life or disability
insurances may, if with the knowledge and consent of such
insurer, place any portion of a life or disability risk which
has been rejected by such insurer, with other authorized
insurers without being licensed as to such other insurers.
Any agent so placing rejected business becomes the agent
for the company issuing the insurance with respect to that
business just as if it had appointed such person as its agent.
[1988 c 248 § 10; 1947 c 79 § .17.23; Rem. Supp. 1947 §
45.17.23.]
48.17.240 Scope of broker’s license. A broker’s
license may be issued to cover the following lines of
insurance:
(a) All lines of insurance; or
(b) All lines except life, which shall be designated as a
casualty-property broker’s license; or
(c) Life and disability only. [1967 c 150 § 22; 1947 c
79 § .17.24; Rem. Supp. 1947 § 45.17.24.]
48.17.250 Broker’s bond. (1) Every applicant for a
broker’s license or for the renewal of a broker’s license
existing on the effective date of this code shall file with the
application or request for renewal and shall thereafter
maintain in force while so licensed a bond in favor of the
people of the state of Washington, executed by an authorized
corporate surety approved by the commissioner, in the
(2002 Ed.)
48.17.190
amount of twenty thousand dollars. If the applicant is a firm
or corporation, the bond shall be in the amount of twenty
thousand dollars plus five thousand dollars for the second
and five thousand dollars for each additional individual
empowered and designated in the license to exercise the
powers conferred thereby. The bond may be continuous in
form, and total aggregate liability on the bond may be
limited to the required amount of the bond. The bond shall
be contingent on the accounting by the broker to any person
requesting the broker to obtain insurance, for moneys or
premiums collected in connection therewith.
(2) Any such bond shall remain in force until the surety
is released from liability by the commissioner, or until the
bond is canceled by the surety. Without prejudice to any
liability accrued prior to such cancellation, the surety may
cancel the bond upon thirty days advance notice in writing
filed with the commissioner. [1979 ex.s. c 269 § 8; 1977
ex.s. c 182 § 4; 1947 c 79 § .17.25; Rem. Supp. 1947 §
45.17.25.]
Effective date, implementation—1979 ex.s. c 269: See note
following RCW 48.14.010.
48.17.260 Broker’s authority—Commissions. (1) A
broker, as such, is not an agent or other representative of an
insurer, and does not have power, by his own acts, to bind
the insurer upon any risk or with reference to any insurance
contract.
(2) An insurer or agent shall have the right to pay to a
broker licensed under this code, or under the laws of any
other state or province, and such broker shall have the right
to receive from the insurer or agent, the customary commissions upon insurances placed in the insurer by the broker.
[1949 c 190 § 24; 1947 c 79 § .17.26; Rem. Supp. 1949 §
45.17.26.]
48.17.270
Agent-broker combinations—
Compensation—Disclosure. (1) A licensed agent may be
licensed as a broker and be a broker as to insurers for which
the licensee is not then appointed as agent. A licensed
broker may be licensed as and be an agent as to insurers
appointing such agent. The sole relationship between a
broker and an insurer as to which the licensee is appointed
as an agent shall, as to transactions arising during the
existence of such agency appointment, be that of insurer and
agent.
(2) Unless the agency-insurer agreement provides to the
contrary, an insurance agent licensed as a broker may, with
respect to property and casualty insurance, receive the
following compensation:
(a) A commission paid by the insurer;
(b) A fee paid by the insured; or
(c) A combination of commission paid by the insurer
and a fee paid by the insured from which a broker may
offset or reimburse the insured for all or part of the fee.
If the compensation received by an agent who is also
licensed as a broker and who is dealing directly with the
insured includes a fee, the full amount of compensation,
including an explanation of any offset or reimbursement,
must be disclosed in writing, signed by the broker and the
insured, and the writing must be retained by the broker for
not less than five years. [1994 c 203 § 1; 1993 c 455 § 1;
[Title 48 RCW—page 79]
48.17.270
Title 48 RCW: Insurance
1981 c 339 § 13; 1947 c 79 § .17.27; Rem. Supp. 1947 §
45.17.27.]
48.17.280 Solicitor’s qualifications. The commissioner shall license as a solicitor an individual only who
meets the following requirements:
(1) Is a resident of this state.
(2) Intends to and does make the soliciting and handling
of insurance business under his license his principal vocation.
(3) Is to represent and be employed by but one licensed
agent or broker.
(4) Has passed any examination as required under this
chapter.
(5) Is otherwise qualified under this code. [1947 c 79
§ .17.28; Rem. Supp. 1947 § 45.17.28.]
48.17.290 Solicitor’s license—Application. The
commissioner shall issue a solicitor’s license only upon
application by the applicant and the request of the agent or
broker to be represented, upon such forms as the commissioner shall prescribe and furnish. [1947 c 79 § .17.29;
Rem. Supp. 1947 § 45.17.29.]
48.17.300 Solicitor’s license fee—Custody—
Cancellation. (1) The fee for issuance or renewal of a
solicitor’s license shall be paid by the agent or broker by
whom the solicitor is employed.
(2) The solicitor’s license shall be delivered to and shall
remain in the possession of the employing agent or broker.
Upon termination of such employment, the license shall
likewise terminate and shall be returned to the commissioner
for cancellation. [1947 c 79 § .17.30; Rem. Supp. 1947 §
45.17.30.]
48.17.310 Limitations upon solicitors. (1) A
solicitor’s license shall not cover any kind of insurance for
which the agent or broker by whom he is employed is not
then licensed.
(2) A solicitor shall not have power to bind an insurer
upon or with reference to any risk or insurance contract, or
to countersign insurance contracts.
(3) Any individual while licensed as a solicitor shall not
be licensed as an agent or broker. [1947 c 79 § .17.31;
Rem. Supp. 1947 § 45.17.31.]
48.17.320 Responsibility of employing agent or
broker. All business transacted by a solicitor under his
license shall be in the name of the agent or broker by whom
he is employed and the agent or broker shall be responsible
for all acts or omissions of the solicitor within the scope of
such employment. [1947 c 79 § .17.32; Rem. Supp. 1947 §
45.17.32.]
48.17.330 Nonresident agents and brokers—
Reciprocity. (1) The commissioner may license as an agent
or as a broker, a person who is not a resident of or domiciled in this state and who holds a corresponding license
issued by the state or province of his or her residence or
domicile, subject to RCW 48.17.530, if by the laws of the
[Title 48 RCW—page 80]
state or province of his or her residence or domicile a similar
privilege is extended to residents of or corporations domiciled in this state. As used in this section, "state" means a
state of the United States, the District of Columbia, any
territory of the United States, Puerto Rico, Guam, American
Samoa, the Trust Territory of the Pacific Islands, the Virgin
Islands, and the Northern Mariana Islands; and "province"
means a province of Canada.
(2) Any such licensee shall be subject to the same
obligations and limitations, and to the commissioner’s
supervision as though resident or domiciled in this state,
subject to RCW 48.14.040.
(3) No such person shall be so licensed unless he or she
files the power of attorney provided for in RCW 48.17.340,
and, if a corporation, it must have complied with the laws of
this state governing the admission of foreign corporations.
[2001 c 56 § 2; 1973 1st ex.s. c 107 § 1; 1955 c 303 § 28;
1947 c 79 § .17.33; Rem. Supp. 1947 § 45.17.33.]
Severability—1973 1st ex.s. c 107: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 107 § 5.]
48.17.340 Service of process against nonresident
agent or broker. (1) Each licensed nonresident agent or
broker shall appoint the commissioner as his attorney to
receive service of legal process issued against the agent or
broker in this state upon causes of action arising within this
state. Service upon the commissioner as attorney shall
constitute effective legal service upon the agent or broker.
(2) The appointment shall be irrevocable for as long as
there could be any cause of action against the agent or
broker arising out of his insurance transactions in this state.
(3) Duplicate copies of such legal process against such
agent or broker shall be served upon the commissioner either
by a person competent to serve a summons, or through
registered mail. At the time of such service the plaintiff
shall pay to the commissioner ten dollars, taxable as costs in
the action.
(4) Upon receiving such service, the commissioner shall
forthwith send one of the copies of the process, by registered
mail with return receipt requested, to the defendant agent or
broker at his last address of record with the commissioner.
(5) The commissioner shall keep a record of the day and
hour of service upon him of all such legal process. No
proceedings shall be had against the defendant agent or
broker, and such defendant shall not be required to appear,
plead, or answer until the expiration of forty days after the
date of service upon the commissioner. [1981 c 339 § 14;
1947 c 79 § .17.34; Rem. Supp. 1947 § 45.17.34.]
48.17.380 Adjusters—Qualifications for license.
The commissioner shall license as an adjuster only an
individual, firm, or corporation which has otherwise complied with this code therefor and the individual or responsible officer of the firm or corporation has furnished evidence
satisfactory to the commissioner that he is qualified as
follows:
(1) Is eighteen or more years of age.
(2) Is a bona fide resident of this state, or is a resident
of a state which will permit residents of this state to act as
adjusters in such other state.
(2002 Ed.)
Agents, Brokers, Solicitors, and Adjusters
(3) Is a trustworthy person.
(4) Has had experience or special education or training
with reference to the handling of loss claims under insurance
contracts, of sufficient duration and extent reasonably to
make him competent to fulfill the responsibilities of an
adjuster.
(5) Has successfully passed any examination as required
under this chapter.
(6) If for a public adjuster’s license, has filed the bond
required by RCW 48.17.430. [1981 c 339 § 15; 1971 ex.s.
c 292 § 48; 1947 c 79 § .17.38; Rem. Supp. 1947 §
45.17.38.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
48.17.390 Adjusters—Separate licenses. The
commissioner may license an individual, firm, or corporation
as an independent adjuster or as a public adjuster, and
separate licenses shall be required for each type of adjuster.
An individual, firm, or corporation may be concurrently
licensed under separate licenses as an independent adjuster
and as a public adjuster. The full license fee shall be paid
for each such license. [1981 c 339 § 16; 1947 c 79 §
.17.39; Rem. Supp. 1947 § 45.17.39.]
48.17.410 Authority of adjuster. An adjuster shall
have authority under his license only to investigate or report
to his principal upon claims as limited under RCW
48.17.050 on behalf only of the insurers if licensed as an
independent adjuster, or on behalf only of insureds if
licensed as a public adjuster. An adjuster licensed concurrently as both an independent and a public adjuster shall not
represent both the insurer and the insured in the same
transaction. [1947 c 79 § .17.41; Rem. Supp. 1947 §
45.17.41.]
48.17.420 Agent may adjust—Nonresident adjusters. (1) On behalf of and as authorized by an insurer for
which he is licensed as agent, an agent may from time to
time act as an adjuster and investigate and report upon
claims without being required to be licensed as an adjuster.
(2) No license by this state shall be required of a
nonresident independent adjuster, for the adjustment in this
state of a single loss, or of losses arising out of a catastrophe
common to all such losses. [1947 c 79 § .17.42; Rem. Supp.
1947 § 45.17.42.]
48.17.430 Public adjuster’s bond. (1) Prior to the
issuance of a license as public adjuster, the applicant therefor
shall file with the commissioner and shall thereafter maintain
in force while so licensed a surety bond in favor of the
people of the state of Washington, executed by an authorized
corporate surety approved by the commissioner, in the
amount of five thousand dollars. The bond may be continuous in form, and total aggregate liability on the bond may be
limited to the payment of five thousand dollars. The bond
shall be contingent on the accounting by the adjuster to any
insured whose claim he is handling, for moneys or any
settlement received in connection therewith.
(2) Any such bond shall remain in force until the surety
is released from liability by the commissioner, or until
canceled by the surety. Without prejudice to any liability
(2002 Ed.)
48.17.380
accrued prior to cancellation, the surety may cancel a bond
upon thirty days advance notice in writing filed with the
commissioner.
(3) Such bond shall be required of any adjuster acting
as a public adjuster as of the effective date of this code, or
thereafter under any unexpired license heretofore issued.
[1977 ex.s. c 182 § 5; 1947 c 79 § .17.43; Rem. Supp. 1947
§ 45.17.43.]
48.17.450 Place of business. (1) Every licensed
agent, broker, and adjuster, other than an agent licensed for
life or disability insurances only, shall have and maintain in
this state, or, if a nonresident agent or nonresident broker, in
this state or in the state of the licensee’s domicile, a place of
business accessible to the public. Such place of business
shall be that wherein the agent or broker principally conducts
transactions under that person’s licenses. The address of the
licensee’s place of business shall appear on all of that
person’s licenses, and the licensee shall promptly notify the
commissioner of any change thereof. A licensee maintaining
more than one place of business in this state shall obtain a
duplicate license or licenses for each additional such place,
and shall pay the full fee therefor.
(2) Any notice, order, or written communication from
the commissioner to a person licensed under this chapter
which directly affects the person’s license shall be sent by
mail to the person’s last residential address, if an individual,
and to the person’s last business address, if licensed as a
firm or corporation, as such address is shown in the
commissioner’s licensing records. A licensee shall promptly
notify the commissioner of any change of residential or
business address. [1990 1st ex.s. c 3 § 5; 1988 c 248 § 11;
1953 c 197 § 6; 1947 c 79 § .17.45; Rem. Supp. 1947 §
45.17.45.]
48.17.460 Display of license. (1) The license or
licenses of each agent, other than licenses as to life or
disability insurances only, or of each broker or adjuster shall
be displayed in a conspicuous place in that part of his place
of business which is customarily open to the public.
(2) The license of a solicitor shall be so displayed in the
place of business of the agent or broker by whom he is
employed. [1947 c 79 § .17.46; Rem. Supp. 1947 §
45.17.46.]
48.17.470 Records of agents, brokers, adjusters. (1)
Every agent, or broker, or adjuster shall keep at his address
as shown on his license, a record of all transactions consummated under his license. This record shall be in organized
form and shall include:
(a) If an agent or broker,
(i) a record of each insurance contract procured, issued,
or countersigned, together with the names of the insurers and
insureds, the amount of premium paid or to be paid, and a
statement of the subject of the insurance;
(ii) the names of any other licensees from whom
business is accepted, and of persons to whom commissions
or allowances of any kind are promised or paid.
(b) If an adjuster, a record of each investigation or
adjustment undertaken or consummated, and a statement of
any fee, commission, or other compensation received or to
[Title 48 RCW—page 81]
48.17.470
Title 48 RCW: Insurance
be received by the adjuster on account of such investigation
or adjustment.
(c) Such other and additional information as shall be
customary, or as may reasonably be required by the commissioner.
(2) All such records as to any particular transaction shall
be kept available and open to the inspection of the commissioner at any business time during the five years immediately
after the date of the completion of such transaction.
(3) This section shall not apply as to life or disability
insurances. [1947 c 79 § .17.47; Rem. Supp. 1947 §
45.17.47.]
48.17.475 Licensee to reply promptly to inquiry by
commissioner. Every insurance agent, broker, adjuster, or
other person licensed under this chapter shall promptly reply
in writing to an inquiry of the commissioner relative to the
business of insurance. [1967 c 150 § 13.]
48.17.480 Reporting and accounting for premiums.
(1) An agent or any other representative of an insurer
involved in the procuring or issuance of an insurance
contract shall report to the insurer the exact amount of
consideration charged as premium for such contract, and
such amount shall likewise be shown in the contract and in
the records of the agent. Each wilful violation of this provision shall constitute a misdemeanor.
(2) All funds representing premiums or return premiums
received by an agent, solicitor or broker, shall be so received
in his or her fiduciary capacity, and shall be promptly
accounted for and paid to the insured, insurer, or agent as
entitled thereto.
(3) Any person licensed under this chapter who receives
funds which belong to or should be paid to another person
as a result of or in connection with an insurance transaction
is deemed to have received the funds in a fiduciary capacity.
The licensee shall promptly account for and pay the funds to
the person entitled to the funds.
(4) Any agent, solicitor, broker, adjuster or other person
licensed under this chapter who, not being lawfully entitled
thereto, diverts or appropriates funds received in a fiduciary
capacity or any portion thereof to his or her own use, shall
be guilty of larceny by embezzlement, and shall be punished
as provided in the criminal statutes of this state. [1988 c
248 § 12; 1947 c 79 § .17.48; Rem. Supp. 1947 § 45.17.48.]
48.17.490 Sharing commissions. (1) No agent,
general agent, solicitor, or broker shall compensate or offer
to compensate in any manner any person other than an
agent, general agent, solicitor, or broker, licensed in this or
any other state or province, for procuring or in any manner
helping to procure applications for or to place insurance in
this state. This provision shall not prohibit the payment of
compensation not contingent upon volume of business
transacted, in the form of salaries to the regular employees
of such agent, general agent, solicitor or broker, or the
payment for services furnished by an unlicensed person who
does not participate in the transaction of insurance in any
way requiring licensing as an agent, solicitor, broker, or
adjuster and who is not compensated on any basis dependent
upon a sale of insurance being made.
[Title 48 RCW—page 82]
(2) No such licensee shall be promised or allowed any
compensation on account of the procuring of applications for
or the placing of kinds of insurance which he himself is not
then licensed to procure or place.
(3) The commissioner shall suspend or revoke the
licenses of all licensees participating in any violation of this
section. [1988 c 248 § 13; 1947 c 79 § .17.49; Rem. Supp.
1947 § 45.17.49.]
48.17.500 Expiration and renewal of licenses. (1)
All agents’ licenses issued by the commissioner shall be
valid for the time period established by the commissioner
unless:
(a) Suspended or revoked; or
(b) The licensee ceases to hold a valid appointment by
an insurer.
(2) All brokers’, solicitors’, and adjusters’ licenses shall
be valid for the time period established by the commissioner
unless suspended or revoked at an earlier date.
(3) The commissioner, by rule, shall determine renewal
dates for licenses of all agents, brokers, solicitors, and
adjusters. If a staggered system is used, fees shall be
prorated in the conversion to a staggered system.
(4) Subject to the right of the commissioner to suspend,
revoke, or refuse to renew any agent’s, broker’s, solicitor’s,
or adjuster’s license as provided in this code, any such
license may be renewed into another like period by filing
with the commissioner on or before the expiration date a
written request, by or on behalf of the licensee, for such
renewal accompanied by payment of the renewal fee as
specified in RCW 48.14.010. An agent or broker shall make
and file renewal requests on behalf of his solicitors.
If the request and fee for renewal of an agent’s,
broker’s, solicitor’s, or adjuster’s license is filed with the
commissioner prior to expiration of the existing license, the
licensee may continue to act under such license, unless
sooner revoked or suspended, until the issuance of a renewal
license or until the expiration of fifteen days after the
commissioner has refused to renew the license and has
mailed order of such refusal to the licensee. Any request for
renewal not so filed until after date of expiration may be
considered by the commissioner as an application for a new
license.
(5) As to all licenses, if request for renewal of an
agent’s license or appointment or broker’s, solicitor’s, or
adjuster’s license or payment of the fee is not received by
the commissioner prior to the expiration date as required
under subsection (4) of this section, the insurer or applicant
for renewal shall pay to the commissioner and the commissioner shall collect, in addition to the regular fee, a surcharge
as follows: For the first thirty days or part thereof of
delinquency the surcharge shall be fifty percent of the fee;
for all delinquencies extending more than thirty days, the
surcharge shall be one hundred percent of the fee. This
subsection shall not be deemed to exempt any person from
any penalty provided by law for transacting business without
a valid and subsisting license or appointment, or affect the
commissioner’s right, at his discretion, to consider such
delinquent application as one for a new license or appointment. [1979 ex.s. c 269 § 6; 1977 ex.s. c 182 § 6; 1965
(2002 Ed.)
Agents, Brokers, Solicitors, and Adjusters
ex.s. c 70 § 20; 1957 c 193 § 9; 1953 c 197 § 7; 1947 c 79
§ .17.50; Rem. Supp. 1947 § 45.17.50.]
Effective date, implementation—1979 ex.s. c 269: See note
following RCW 48.14.010.
48.17.510 Temporary licenses. (1) The commissioner
may issue an agent’s or broker’s temporary license in the
following circumstances:
(a) To the surviving spouse or next of kin or to the
administrator or executor, or the employee of the administrator or executor, of a licensed agent or broker becoming
deceased.
(b) To the spouse, next of kin, employee, or legal
guardian of a licensed agent or broker becoming disabled
because of sickness, insanity, or injury.
(c) To a surviving member of a firm or surviving officer
or employee of a corporation licensed as agent or broker
upon the death of an individual designated in the firm or
corporation’s license to exercise powers thereunder.
(2) An individual to be eligible for any such temporary
license must be qualified as for a permanent license except
as to experience, training, or the taking of any examination.
(3) Any fee paid to the commissioner for issuance of a
temporary license as specified in RCW 48.14.010 shall be
credited toward the fee required for a permanent license
which is issued to replace the temporary license prior to the
expiration of such temporary license. [1982 c 181 § 7; 1955
c 303 § 15; 1953 c 197 § 8; 1947 c 79 § .17.51; Rem. Supp.
1947 § 45.17.51.]
Severability—1982 c 181: See note following RCW 48.03.010.
48.17.520 Temporary licenses—Duration—
Limitations. (1) No such temporary license shall be
effective for more than ninety days in any twelve month
period, subject to extension for an additional period of not
more than ninety days at the commissioner’s discretion and
for good cause shown. The commissioner may refuse so to
license again any person who has previously been so
licensed.
(2) An individual requesting temporary agent’s license
on account of death or disability of an agent, shall not be so
licensed for any insurer as to which such agent was not
licensed at the time of death or commencement of disability.
[1985 c 264 § 8; 1953 c 197 § 9; 1947 c 79 § .17.52; Rem.
Supp. 1947 § 47.17.52.]
48.17.530 Refusal, suspension, revocation of licenses. (1) The commissioner may suspend, revoke, or refuse to
issue or renew any license which is issued or may be issued
under this chapter or any surplus line broker’s license for
any cause specified in any other provision of this code, or
for any of the following causes:
(a) For any cause for which issuance of the license
could have been refused had it then existed and been known
to the commissioner.
(b) If the licensee or applicant wilfully violates or
knowingly participates in the violation of any provision of
this code or any proper order or regulation of the commissioner.
(c) If the licensee or applicant has obtained or attempted
to obtain any such license through wilful misrepresentation
(2002 Ed.)
48.17.500
or fraud, or has failed to pass any examination required
under this chapter.
(d) If the licensee or applicant has misappropriated or
converted to his own use or has illegally withheld moneys
required to be held in a fiduciary capacity.
(e) If the licensee or applicant has, with intent to
deceive, materially misrepresented the terms or effect of any
insurance contract; or has engaged or is about to engage in
any fraudulent transaction.
(f) If the licensee or applicant has been guilty of
"twisting," as defined in RCW 48.30.180, or of rebating, as
defined in chapter 48.30 RCW.
(g) If the licensee or applicant has been convicted, by
final judgment, of a felony.
(h) If the licensee or applicant has shown himself to be,
and is so deemed by the commissioner, incompetent, or
untrustworthy, or a source of injury and loss to the public.
(i) If the licensee has dealt with, or attempted to deal
with, insurances, or to exercise powers relative to insurance
outside the scope of his licenses.
(2) If any natural person named under a firm or corporate license, or application therefor, commits or has committed any act or fails or has failed to perform any duty which
is a ground for the commissioner to revoke, suspend or
refuse to issue or renew the license or application for
license, the commissioner may revoke, suspend, refuse to
renew, or refuse to issue:
(a) The license, or application therefor, of the corporation or firm; or
(b) The right of the natural person to act thereunder; or
(c) Any other license held or applied for by the natural
person; or
(d) He may take all such steps.
(3) Any conduct of an applicant or licensee which
constitutes ground for disciplinary action under this code
shall be deemed such ground notwithstanding that such
conduct took place in another state.
(4) The holder of any license which has been revoked
or suspended shall surrender the license certificate to the
commissioner at the commissioner’s request. [1973 1st ex.s.
c 152 § 2; 1969 ex.s. c 241 § 11; 1967 c 150 § 23; 1947 c
79 § .17.53; Rem. Supp. 1947 § 45.17.53.]
Severability—1973 1st ex.s. c 152: See note following RCW
48.05.140.
48.17.535 License or certificate suspension—
Noncompliance with support order—Reissuance. The
commissioner shall immediately suspend the license or
certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
order or a *residential or visitation order. If the person has
continued to meet all other requirements for reinstatement
during the suspension, reissuance of the license or certificate
shall be automatic upon the commissioner’s receipt of a
release issued by the department of social and health services
stating that the licensee is in compliance with the order.
[1997 c 58 § 857.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
[Title 48 RCW—page 83]
48.17.535
Title 48 RCW: Insurance
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
48.17.540 Procedure to suspend, revoke, or refuse—
Effect of conviction of felony. (1) The commissioner may
revoke or refuse to renew any license issued under this
chapter, or any surplus line broker’s license, immediately
and without hearing, upon sentencing of the licensee for
conviction of a felony by final judgment of any court of
competent jurisdiction, if the facts giving rise to such conviction demonstrate the licensee to be untrustworthy to
maintain any such license.
(2) The commissioner may suspend, revoke, or refuse to
renew any such license:
(a) By an order served by mail or personal service upon
the licensee not less than fifteen days prior to the effective
date thereof, subject to the right of the licensee to have a
hearing as provided in RCW 48.04.010; or
(b) By an order on hearing made as provided in chapter
34.05 RCW, the Administrative Procedure Act, effective not
less than ten days after the date of the service of the order,
subject to the right of the licensee to appeal to the superior
court.
(3) The commissioner may temporarily suspend such
license by an order served by mail or by personal service
upon the licensee not less than three days prior to the effective date thereof, provided the order contains a notice of
revocation and includes a finding that the public safety or
welfare imperatively requires emergency action. Such
suspension shall continue only until proceedings for revocation are concluded. The commissioner also may temporarily
suspend such license in cases where proceedings for revocation are pending if he or she finds that the public safety or
welfare imperatively requires emergency action.
(4) Service by mail under this section shall mean
posting in the United States mail, addressed to the licensee
at the most recent address shown in the commissioner’s
licensing records for the licensee. Service by mail is
complete upon deposit in the United States mail. [1990 1st
ex.s. c 3 § 6; 1989 c 175 § 113; 1988 c 248 § 14; 1982 c
181 § 8; 1973 1st ex.s. c 107 § 2; 1967 c 150 § 24; 1947 c
79 § .17.54; Rem. Supp. 1947 § 45.17.54.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1982 c 181: See note following RCW 48.03.010.
Severability—1973 1st ex.s. c 107: See note following RCW
48.17.330.
48.17.550 Duration of suspension. Every order
suspending any such license shall specify the period during
which suspension will be effective, and which period shall
in no event exceed twelve months. [1947 c 79 § .17.55;
Rem. Supp. 1947 § 45.17.55.]
48.17.560 Fines may be imposed. After hearing or
upon stipulation by the licensee or insurance education
provider, and in addition to or in lieu of the suspension,
[Title 48 RCW—page 84]
revocation, or refusal to renew any such license or insurance
education provider approval, the commissioner may levy a
fine upon the licensee or insurance education provider. (1)
For each offense the fine shall be an amount not more than
one thousand dollars. (2) The order levying such fine shall
specify that the fine shall be fully paid not less than fifteen
nor more than thirty days from the date of the order. (3)
Upon failure to pay any such fine when due, the commissioner shall revoke the licenses of the licensee or the
approval(s) of the insurance education provider, if not
already revoked. The fine shall be recovered in a civil action brought on behalf of the commissioner by the attorney
general. Any fine so collected shall be paid by the commissioner to the state treasurer for the account of the general
fund. [1989 c 323 § 3; 1975 1st ex.s. c 266 § 8; 1967 c 150
§ 25; 1947 c 79 § .17.56; Rem. Supp. 1947 § 45.17.56.]
Effective date—1989 c 323: See note following RCW 48.17.055.
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.17.563 Insurance education providers—
Commissioner’s approval—Renewal fee. (1) The commissioner may require insurance education providers to
furnish specific information regarding their curricula, faculty,
methods of monitoring attendance, and other matters
reasonably related to providing insurance education under
this chapter. The commissioner may grant approvals to such
providers who demonstrate the ability to conduct and certify
completion of one or more courses satisfying the insurance
education requirements of RCW 48.17.150.
(2) Provider and course approvals are valid for the time
period established by the commissioner and shall expire if
not timely renewed. Each provider shall pay the renewal
fee set forth in RCW 48.14.010(1)(n).
(3) In granting approvals for courses required by RCW
48.17.150(1)(d):
(a) The commissioner may require the availability of a
licensed agent with appropriate experience on the premises
whenever instruction is being offered; and
(b) The commissioner shall not deny approval to any
provider on the grounds that the proposed method of
education employs nontraditional teaching techniques, such
as substituting taped lectures for live instruction, offering
instruction without fixed schedules, or providing education
at individual learning rates. [1994 c 131 § 6; 1989 c 323 §
7.]
Effective date—1989 c 323: See note following RCW 48.17.055.
48.17.565 Insurance education providers—
Violations—Costs awarded. If an investigation of any
provider culminates in a finding by the commissioner or by
any court of competent jurisdiction, that the provider has
failed to comply with or has violated any statute or regulation pertaining to insurance education, the provider shall pay
the expenses reasonably attributable and allocable to such
investigation.
(1) The commissioner shall calculate such expenses and
render a bill therefor by registered mail to the provider.
Within thirty days after receipt of such bill, the provider
shall pay the full amount to the commissioner. The commissioner shall transmit such payment to the state treasurer.
(2002 Ed.)
Agents, Brokers, Solicitors, and Adjusters
The state treasurer shall credit the payment to the office of
the insurance commissioner regulatory account, treating such
payment as recovery of a prior expenditure.
(2) In any action brought under this section, if the insurance commissioner prevails, the court may award to the
office of the insurance commissioner all costs of the action,
including a reasonable attorneys’ fee to be fixed by the
court. [1989 c 323 § 4.]
Effective date—1989 c 323: See note following RCW 48.17.055.
48.17.568 Insurance education providers—Bond. In
addition to the regulatory requirements imposed pursuant to
RCW 48.17.150, the commissioner may require each
insurance education provider to post a bond, cash deposit, or
irrevocable letter of credit. Every insurance education
provider, other than an insurer, health care service contractor, health maintenance organization, or educational institution established by Washington statutes, is subject to the
requirement.
(1) The provider shall file with each request for course
approval and shall maintain in force while so approved, the
bond, cash deposit, or irrevocable letter of credit in favor of
the state of Washington, according to criteria which the
commissioner shall establish by regulation. The amount of
such bond, cash deposit, or irrevocable letter of credit, shall
not exceed five thousand dollars for the provider’s first
approved course and one thousand dollars for each additional
approved course.
(2) Proceeds from the bond, cash deposit, or irrevocable
letter of credit shall inure to the commissioner for payment
of investigation expenses or for payment of any fine ordered
per Washington statutes or regulations governing insurance
education: PROVIDED, That recoverable investigation
expenses or fines shall not be limited to the amount of such
required bond, cash deposit, or irrevocable letter of credit.
[1989 c 323 § 5.]
Effective date—1989 c 323: See note following RCW 48.17.055.
48.17.591 Termination of agency contract—Effect
on insured. (1) No insurer authorized to do business in this
state may cancel or refuse to renew any policy because that
insurer’s contract with the independent agent through whom
such policy is written has been terminated by the insurer, the
agent, or by mutual agreement.
(2) If an insurer intends to terminate a written agency
contract with an independent agent, the insurer shall give the
agent not less than one hundred twenty days’ advance
written notice of the intent, unless the termination is based
upon the agent’s abandonment of the agency, the agent’s
gross and willful misconduct, the agent’s loss of license by
order of the insurance commissioner, the agent’s sale of, or
material change of ownership in, the agency, the agent’s
fraud or material misrepresentation relative to the business
of insurance, or the agent’s default in payments due the
insurer under the terms of the agreement. During the notice
period the insurer shall not amend the existing contract
without the consent of the agent.
(a) Unless the agency contract provides otherwise,
during the one hundred twenty day notice period the independent agent shall not write or bind any new business on
behalf of the terminating insurer without specific written
(2002 Ed.)
48.17.565
approval. However, routine adjustments by insureds are
permitted. The terminating insurer shall permit renewal of
all its policies in the agent’s book of business for a period of
one year following the effective date of the termination, to
the extent the policies meet the insurer’s underwriting
standards and the insurer has no other reason for
nonrenewal. The rate of commission for any policies
renewed under this provision shall be the same as the agent
would have received had the agency agreement not been
terminated.
(b) An independent agent whose agency contract has
been terminated shall have a reasonable opportunity to
transfer affected policies to other insurers with which the
agent has an appointment: PROVIDED, HOWEVER, That
prior to the conclusion of the one-year renewal period
following the effective date of the termination, an insurer
without a reason for not renewing an insured’s policy and
which has not received notification of the placement of such
policy with another insurer shall provide its insured with
appropriate written notice of an offer to continue the policy.
In such cases, except where the terminated agent has placed
the policy with another agent of the insurer, the insurer shall,
where practical, assign the policy to an appointed agent
located reasonably near the insured willing to accept the
assignment.
(c) An insurer is not required to continue the appointment of a terminated independent agent during or after the
one year renewal period. However, an agent whose contract
has been terminated by the insurer remains an agent of the
terminating insurer as to actions associated with the policies
subject to this section just as if he or she were appointed by
the insurer as its agent.
(3) In the absence of receipt of notice from the insured
that coverage will not be continued with the existing insurer,
an insurer whose agency contract has been terminated by an
independent agent, or by the mutual agreement of the insurer
and the agent, that elects to renew or lacks a reason not to
renew, shall give the renewal notice required by chapter
48.18 RCW to affected insureds, and continue renewed
coverage in accordance with the methods specified in
subsection (2)(b) of this section. Agents affected by this
subsection may provide the notice to an insurer that an
insured does not intend to continue existing coverage with
the insurer, after receiving written authority to do so from an
insured.
(4) For purposes of this section an "independent agent"
is a licensed insurance agent representing an insurer on an
independent contractor basis and not as an employee. This
term includes only those agents not obligated by contract to
place insurance accounts with a particular insurer or group
of insurers.
(5) This section does not apply to (a) agents or policies
of an insurer or group of insurers if the business is not
owned by the agent and the termination of any such contractual agreement does not result in the cancellation or
nonrenewal of any policies of insurance; (b) general agents,
to the extent that they are acting in that capacity; (c) life,
disability, surety, ocean marine and foreign trade, and title
insurance policies; (d) situations where the termination of the
agency contract results from the insolvency or liquidation of
the terminating insurer.
[Title 48 RCW—page 85]
48.17.591
Title 48 RCW: Insurance
(6) No insurer may terminate its agency contract with an
appointed agent unless it complies with this section.
(7) Nothing contained in this section excuses an insurer
from giving cancellation and renewal notices that may be
required by chapter 48.18 RCW. [1990 c 121 § 1. Formerly RCW 48.18.285.]
Reviser’s note: Previously codified as RCW 48.18.285. Recodified
to reflect legislative directive under 1990 c 121.
48.17.600 Separation of premium funds. (1) All
funds representing premiums or return premiums received by
an agent, solicitor or broker in his or her fiduciary capacity
shall be accounted for and maintained in a separate account
from all other business and personal funds.
(2) An agent, solicitor or broker shall not commingle or
otherwise combine premiums with any other moneys, except
as provided in subsection (3) of this section.
(3) An agent, solicitor or broker may commingle with
premium funds any additional funds as he or she may deem
prudent for the purpose of advancing premiums, establishing
reserves for the paying of return premiums, or for any
contingencies as may arise in his or her business of receiving
and transmitting premium or return premium funds.
(4) Each willful violation of this section shall constitute
a misdemeanor.
(5) This section shall not apply to agents for title
insurance companies or insurance brokers whose average
daily balance for premiums received on behalf of insureds in
the state of Washington equals or exceeds one million dollars. [1988 c 248 § 15; 1986 c 69 § 1.]
Effective date—1986 c 69: "This act shall take effect on January 1,
1987." [1986 c 69 § 2.]
Chapter 48.18
THE INSURANCE CONTRACT
Sections
48.18.010
48.18.020
48.18.030
48.18.040
48.18.050
48.18.060
48.18.070
48.18.080
48.18.090
48.18.100
48.18.103
48.18.110
48.18.120
48.18.125
48.18.130
48.18.140
48.18.150
48.18.160
48.18.170
48.18.180
48.18.190
48.18.200
48.18.210
48.18.220
Scope of chapter.
Power to contract.
Insurable interest—Personal insurances—Nonprofit organizations.
Insurable interest—Property insurances.
Named insured—Interest insured.
Application—When required.
Alteration of application.
Application as evidence.
Warranties and misrepresentations, effect of.
Forms of policies—Filing, certification, and approval.
Forms of commercial property casualty policies—Legislative
intent—Issuance prior to filing—Disapproval by commissioner—Definition.
Grounds for disapproval.
Standard forms.
Loss payable and mortgagee clauses for property and automobile physical damage insurances—Requirement to use
adopted forms.
Standard provisions.
Contents of policies in general.
Additional contents.
Charter or bylaw provisions.
"Premium" defined.
Stated premium must include all charges.
Policy must contain entire contract.
Limiting actions, jurisdiction.
Execution of policies.
Receipt of premium to bind coverage—Contents of receipt.
[Title 48 RCW—page 86]
48.18.230
48.18.240
48.18.250
48.18.260
48.18.280
48.18.289
48.18.290
48.18.2901
48.18.291
Binders—Duration—Premium.
Binders—Agent’s liability.
Underwriters’ and combination policies.
Delivery of policy.
Renewal of policy.
Cancellation, nonrenewal, renewal offer—Notice to agent.
Cancellation by insurer.
Renewal required—Exceptions.
Cancellation of private automobile insurance by insurer—
Notice—Requirements.
48.18.292 Refusal to renew private automobile insurance by insurer—
Change in amount of premium or deductibles.
48.18.293 Nonliability of commissioner, agents, insurer for information
giving reasons for cancellation or refusal to renew—
Proof of mailing of notice.
48.18.295 RCW 48.18.290 through 48.18.297 not to prevent
cancellation or nonrenewal, when.
48.18.296 Contracts to which RCW 48.18.291 through 48.18.297 inapplicable.
48.18.297 Private passenger automobile defined.
48.18.298 Disability insurance—Refusal to renew by insurer.
48.18.299 Disability insurance—Cancellation by insurer.
48.18.300 Cancellation by insured.
48.18.310 Cancellation by commissioner.
48.18.320 Annulment of liability policies.
48.18.340 Dividends payable to real party in interest.
48.18.350 Breach of warranty prior to loss—Effect.
48.18.360 Assignment of policies—Life and disability.
48.18.370 Payment discharges insurer—Life and disability.
48.18.375 Assignment of interests under group insurance policy.
48.18.390 Simultaneous deaths—Payment of proceeds—Life insurance.
48.18.400 Exemption of proceeds—Disability.
48.18.410 Exemption of proceeds—Life.
48.18.420 Exemption of proceeds—Group life.
48.18.430 Exemption of proceeds, commutation—Annuities.
48.18.440 Spouse’s rights in life insurance policy.
48.18.450 Life insurance payable to trustee named as beneficiary in the
policy.
48.18.452 Life insurance designating as beneficiary a trustee named by
will.
48.18.460 Proof of loss—Furnishing forms—May require oath.
48.18.470 Claims administration—Not waiver.
48.18.480 Discrimination prohibited.
48.18.510 Validity of noncomplying forms.
48.18.520 Construction of policies.
48.18.540 Cancellations, denials, refusals to renew—Written notification.
48.18.545 Underwriting restrictions that apply to personal insurance—
Credit history or insurance score—Rules.
48.18.550 Victims of domestic abuse—Prohibition on certain cancellations, denials, refusals to renew, and different rates—
Domestic abuse defined.
48.18.560 Year 2000 failure—Reinstating insurance policy under certain circumstances.
Exemptions of proceeds of insurance on exempt property: RCW 6.15.030.
False claims or proof: RCW 48.30.230.
Misrepresentation in application: RCW 48.30.210.
48.18.010 Scope of chapter. The applicable provisions of this chapter shall apply to insurances other than
ocean marine and foreign trade insurances. This chapter
shall not apply to life or disability insurance policies not
issued for delivery in this state nor delivered in this state.
[1947 c 79 § .18.01; Rem. Supp. 1947 § 45.18.01.]
48.18.020 Power to contract. (1) Any person
eighteen years or older shall be considered of full legal age
and may contract for or with respect to insurance. Any
person seventeen years or younger shall be considered a
minor for purposes of Title 48 RCW.
(2002 Ed.)
The Insurance Contract
(2) A minor not less than fifteen years of age as at
nearest birthday may, notwithstanding such minority,
contract for life or disability insurance on his own life or
body, for his own benefit or for the benefit of his father,
mother, spouse, child, brother, sister, or grandparent, and
may exercise all rights and powers with respect to or under
the contract as though of full legal age, and may surrender
his interest therein and give a valid discharge for any benefit
accruing or money payable thereunder. The minor shall not,
by reason of his minority, be entitled to rescind, avoid, or
repudiate the contract, or any exercise of a right or privilege
thereunder, except, that such minor, not otherwise emancipated, shall not be bound by any unperformed agreement to
pay, by promissory note or otherwise any premium on any
such insurance contract. [1973 1st ex.s. c 163 § 2; 1970
ex.s. c 17 § 4; 1947 c 79 § .18.02; Rem. Supp. 1947 §
45.18.02.]
48.18.030 Insurable interest—Personal insurances—
Nonprofit organizations. (1) Any individual of competent
legal capacity may procure or effect an insurance contract
upon his own life or body for the benefit of any person. But
no person shall procure or cause to be procured any insurance contract upon the life or body of another individual
unless the benefits under such contract are payable to the
individual insured or his personal representatives, or to a
person having, at the time when such contract was made, an
insurable interest in the individual insured.
(2) If the beneficiary, assignee or other payee under any
contract made in violation of this section receives from the
insurer any benefits thereunder accruing upon the death,
disablement or injury of the individual insured, the individual
insured or his executor or administrator, as the case may be,
may maintain an action to recover such benefits from the
person so receiving them.
(3) "Insurable interest" as used in this section and in
RCW 48.18.060 includes only interests as follows:
(a) In the case of individuals related closely by blood or
by law, a substantial interest engendered by love and
affection; and
(b) In the case of other persons, a lawful and substantial
economic interest in having the life, health or bodily safety
of the individual insured continue, as distinguished from an
interest which would arise only by, or would be enhanced in
value by, the death, disablement or injury of the individual
insured.
(c) An individual heretofore or hereafter party to a
contract or option for the purchase or sale of an interest in
a business partnership or firm, or of shares of stock of a
close corporation or of an interest in such shares, has an
insurable interest in the life of each individual party to such
contract and for the purposes of such contract only, in
addition to any insurable interest which may otherwise exist
as to the life of such individual.
(d) A guardian, trustee or other fiduciary has an
insurable interest in the life of any person for whose benefit
the fiduciary holds property, and in the life of any other
individual in whose life such person has an insurable interest.
(e) Subject to rules adopted under subsection (4) of this
section, upon joint application with a nonprofit organization
(2002 Ed.)
48.18.020
for, or transfer to a nonprofit organization of, an insurance
policy on the life of a person naming the organization as
owner and beneficiary, a nonprofit organization’s interest in
the life of a person if:
(i) The nonprofit organization was established exclusively for religious, charitable, scientific, literary, or educational
purposes, or to promote amateur athletic competition, to
conduct testing for public safety, or to prevent cruelty to
children or animals; and
(ii) The nonprofit organization:
(A) Has existed for a minimum of five years; or
(B) Has been issued a certificate of exemption to
conduct a charitable gift annuity business under RCW
48.38.010, or is authorized to conduct a charitable gift
annuity business under RCW 28B.10.485; or
(C) Has been organized, and at all times has been
operated, exclusively for benefit of, to perform the functions
of, or to carry out the purposes of one or more nonprofit
organizations described in (e)(ii)(A) or (B) of this subsection
and is operated, supervised, or controlled by or in connection
with one or more such nonprofit organizations; and
(iii) For a joint application, the person is not an employee, officer, or director of the organization who receives
significant compensation from the organization and who
became affiliated with the organization in that capacity less
than one year before the joint application.
(4) The commissioner may adopt rules governing joint
applications for, and transfers of, life insurance under
subsection (3)(e) of this section. The rules may include:
(a) Standards for full and fair disclosure that set forth
the manner, content, and required disclosure for the sale of
life insurance issued under subsection (3)(e) of this section;
and
(b) For joint applications, a grace period of thirty days
during which the insured person may direct the nonprofit
organization to return the policy and the insurer to refund
any premium paid to the party that, directly or indirectly,
paid the premium; and
(c) Standards for granting an exemption from the fiveyear existence requirement of subsection (3)(e)(ii)(A) of this
section to a private foundation that files with the insurance
commissioner documents, stipulations, and information as the
insurance commissioner may require to carry out the purpose
of subsection (3)(e) of this section.
(5) Nothing in this section permits the personal representative of the insured’s estate to recover the proceeds of a
policy on the life of a deceased insured person that was
applied for jointly by, or transferred to, an organization
covered by subsection (3)(e) of this section, where the
organization was named owner and beneficiary of the policy.
This subsection applies to all life insurance policies
applied for by, or transferred to, an organization covered by
subsection (3)(e) of this section, regardless of the time of
application or transfer and regardless of whether the organization would have been covered at the time of application or
transfer. [1992 c 51 § 1; 1973 1st ex.s. c 89 § 3; 1947 c 79
§ .18.03; Rem. Supp. 1947 § 45.18.03.]
Use of trust funds by fiduciaries for life insurance: RCW 11.110.120.
48.18.040 Insurable interest—Property insurances.
(1) No contract of insurance on property or of any interest
[Title 48 RCW—page 87]
48.18.040
Title 48 RCW: Insurance
therein or arising therefrom shall be enforceable except for
the benefit of persons having an insurable interest in the
things insured.
(2) "Insurable interest" as used in this section means any
lawful and substantial economic interest in the safety or
preservation of the subject of the insurance free from loss,
destruction, or pecuniary damage. [1947 c 79 § .18.04;
Rem. Supp. 1947 § 45.18.04.]
48.18.050 Named insured—Interest insured. When
the name of a person intended to be insured is specified in
the policy, such insurance can be applied only to his own
proper interest. This section shall not apply to life and disability insurances. [1947 c 79 § .18.05; Rem. Supp. 1947 §
45.18.05.]
48.18.060 Application—When required. No life or
disability insurance contract upon an individual, except a
contract of group life insurance or of group or blanket
disability insurance as defined in this code, shall be made or
effectuated unless at the time of the making of the contract
the individual insured, being of competent legal capacity to
contract, in writing applies therefor or consents thereto,
except in the following cases:
(1) A spouse may effectuate such insurance upon the
other spouse.
(2) Any person having an insurable interest in the life
of a minor, or any person upon whom a minor is dependent
for support and maintenance, may effectuate insurance upon
the life of the minor. [1947 c 79 § .18.06; Rem. Supp. 1947
§ 45.18.06.]
48.18.070 Alteration of application. (1) Any
application for insurance in writing by the applicant shall be
altered solely by the applicant or by his written consent,
except that insertions may be made by the insurer for
administrative purposes only in such manner as to indicate
clearly that such insertions are not to be ascribed to the
applicant. Violation of this provision shall be a misdemeanor.
(2) Any insurer issuing an insurance contract upon such
an application unlawfully altered by its officer, employee, or
agent shall not have available in any action arising out of
such contract, any defense which is based upon the fact of
such alteration, or as to any item in the application which
was so altered. [1947 c 79 § .18.07; Rem. Supp. 1947 §
45.18.07.]
48.18.080 Application as evidence. (1) No application for the issuance of any insurance policy or contract shall
be admissible in evidence in any action relative to such
policy or contract, unless a true copy of the application was
attached to or otherwise made a part of the policy when
issued and delivered. This provision shall not apply to
policies or contracts of industrial life insurance.
(2) If any policy of life or disability insurance delivered
in this state is reinstated or renewed, and the insured or the
beneficiary or assignee of the policy makes written request
to the insurer for a copy of the application, if any, for such
reinstatement or renewal, the insurer shall, within fifteen
days after receipt of such request at its home office or at any
[Title 48 RCW—page 88]
of its branch offices, deliver or mail to the person making
such request, a copy of such application. If such copy is not
so delivered or mailed, the insurer shall be precluded from
introducing the application as evidence in any action or
proceeding based upon or involving the policy or its reinstatement or renewal. [1947 c 79 § .18.08; Rem. Supp. 1947
§ 45.18.08.]
48.18.090 Warranties and misrepresentations, effect
of. (1) Except as provided in subsection (2) of this section,
no oral or written misrepresentation or warranty made in the
negotiation of an insurance contract, by the insured or in his
behalf, shall be deemed material or defeat or avoid the
contract or prevent it attaching, unless the misrepresentation
or warranty is made with the intent to deceive.
(2) In any application for life or disability insurance
made in writing by the insured, all statements therein made
by the insured shall, in the absence of fraud, be deemed
representations and not warranties. The falsity of any such
statement shall not bar the right to recovery under the
contract unless such false statement was made with actual
intent to deceive or unless it materially affected either the
acceptance of the risk or the hazard assumed by the insurer.
[1947 c 79 § .18.09; Rem. Supp. 1947 § 45.18.09.]
48.18.100 Forms of policies—Filing, certification,
and approval. (1) No insurance policy form other than
surety bond forms, forms exempt under RCW 48.18.103, or
application form where written application is required and is
to be attached to the policy, or printed life or disability rider
or endorsement form shall be issued, delivered, or used
unless it has been filed with and approved by the commissioner. This section shall not apply to policies, riders or
endorsements of unique character designed for and used with
relation to insurance upon a particular subject.
(2) Every such filing containing a certification, in a
form approved by the commissioner, by either the chief
executive officer of the insurer or by an actuary who is a
member of the American academy of actuaries, attesting that
the filing complies with Title 48 RCW and Title 284 of the
Washington Administrative Code, may be used by such
insurer immediately after filing with the commissioner. The
commissioner may order an insurer to cease using a certified
form upon the grounds set forth in RCW 48.18.110. This
subsection shall not apply to certain types of policy forms
designated by the commissioner by rule.
(3) Except as provided in RCW 48.18.103, every filing
that does not contain a certification pursuant to subsection
(2) of this section shall be made not less than thirty days in
advance of any such issuance, delivery, or use. At the
expiration of such thirty days the form so filed shall be
deemed approved unless prior thereto it has been affirmatively approved or disapproved by order of the commissioner.
The commissioner may extend by not more than an additional fifteen days the period within which he or she may so
affirmatively approve or disapprove any such form, by
giving notice of such extension before expiration of the
initial thirty-day period. At the expiration of any such
period as so extended, and in the absence of such prior
affirmative approval or disapproval, any such form shall be
deemed approved. The commissioner may withdraw any
(2002 Ed.)
The Insurance Contract
such approval at any time for cause. By approval of any
such form for immediate use, the commissioner may waive
any unexpired portion of such initial thirty-day waiting
period.
(4) The commissioner’s order disapproving any such
form or withdrawing a previous approval shall state the
grounds therefor.
(5) No such form shall knowingly be so issued or
delivered as to which the commissioner’s approval does not
then exist.
(6) The commissioner may, by order, exempt from the
requirements of this section for so long as he or she deems
proper, any insurance document or form or type thereof as
specified in such order, to which in his or her opinion this
section may not practicably be applied, or the filing and
approval of which are, in his or her opinion, not desirable or
necessary for the protection of the public.
(7) Every member or subscriber to a rating organization
shall adhere to the form filings made on its behalf by the
organization. Deviations from such organization are permitted only when filed with the commissioner in accordance
with this chapter. [1997 c 428 § 3; 1989 c 25 § 1; 1982 c
181 § 16; 1947 c 79 § .18.10; Rem. Supp. 1947 § 45.18.10.]
Effective date—1989 c 25: "This act shall take effect on September
1, 1989." [1989 c 25 § 10.]
Severability—1982 c 181: See note following RCW 48.03.010.
Format of disability policies: RCW 48.20.012.
48.18.103 Forms of commercial property casualty
policies—Legislative intent—Issuance prior to filing—
Disapproval by commissioner—Definition. (1) It is the
intent of the legislature to assist the purchasers of commercial property casualty insurance by allowing policies to be
issued more expeditiously and provide a more competitive
market for forms.
(2) Commercial property casualty policies may be issued
prior to filing the forms. All commercial property casualty
forms shall be filed with the commissioner within thirty days
after an insurer issues any policy using them.
(3) If, within thirty days after a commercial property
casualty form has been filed, the commissioner finds that the
form does not meet the requirements of this chapter, the
commissioner shall disapprove the form and give notice to
the insurer or rating organization that made the filing,
specifying how the form fails to meet the requirements and
stating when, within a reasonable period thereafter, the form
shall be deemed no longer effective. The commissioner may
extend the time for review another fifteen days by giving
notice to the insurer prior to the expiration of the original
thirty-day period.
(4) Upon a final determination of a disapproval of a
policy form under subsection (3) of this section, the insurer
shall amend any previously issued disapproved form by
endorsement to comply with the commissioner’s disapproval.
(5) For purposes of this section, "commercial property
casualty" means insurance pertaining to a business, profession, or occupation for the lines of property and casualty
insurance defined in RCW 48.11.040, 48.11.050, 48.11.060,
or 48.11.070.
(6) Except as provided in subsection (4) of this section,
the disapproval shall not affect any contract made or issued
(2002 Ed.)
48.18.100
prior to the expiration of the period set forth in the notice of
disapproval.
(7) In the event a hearing is held on the actions of the
commissioner under subsection (3) of this section, the
burden of proof shall be on the commissioner. [1997 c 428
§ 1.]
48.18.110 Grounds for disapproval. (1) The
commissioner shall disapprove any such form of policy,
application, rider, or endorsement, or withdraw any previous
approval thereof, only:
(a) If it is in any respect in violation of or does not
comply with this code or any applicable order or regulation
of the commissioner issued pursuant to the code; or
(b) If it does not comply with any controlling filing
theretofore made and approved; or
(c) If it contains or incorporates by reference any
inconsistent, ambiguous or misleading clauses, or exceptions
and conditions which unreasonably or deceptively affect the
risk purported to be assumed in the general coverage of the
contract; or
(d) If it has any title, heading, or other indication of its
provisions which is misleading; or
(e) If purchase of insurance thereunder is being solicited
by deceptive advertising.
(2) In addition to the grounds for disapproval of any
such form as provided in subsection (1) of this section, the
commissioner may disapprove any form of disability
insurance policy, except an individual health benefit plan, if
the benefits provided therein are unreasonable in relation to
the premium charged. [2000 c 79 § 2; 1985 c 264 § 9; 1982
c 181 § 9; 1947 c 79 § .18.11; Rem. Supp. 1947 §
45.18.11.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Severability—1982 c 181: See note following RCW 48.03.010.
48.18.120 Standard forms. (1) The commissioner
shall, after hearing, from time to time promulgate such rules
and regulations as may be necessary to define and effect
reasonable uniformity in all basic contracts of fire insurance
which are commonly known as the standard form fire
policies and may be so referred to in this code, and the usual
supplemental coverages, riders, or endorsements thereon or
thereto, to the end that such definitions shall be applied in
the construction of the various sections of this code wherein
such terms are used and that there be a reasonable
concurrency of contract where two or more insurers insure
the same subject and risk. All such forms heretofore
approved by the commissioner and for use as of immediately
prior to the effective date of this code, may continue to be
so used until the further order of the commissioner made
pursuant to this subsection or pursuant to any other provision
of this code.
(2) The commissioner may from time to time, after
hearing, promulgate such rules and regulations as he deems
necessary to establish reasonable minimum standard conditions and terminology for basic benefits to be provided by
disability insurance contracts which are subject to chapters
48.20 and 48.21 RCW, for the purpose of expediting his
approval of such contracts pursuant to this code. No such
[Title 48 RCW—page 89]
48.18.120
Title 48 RCW: Insurance
promulgation shall be inconsistent with standard provisions
as required pursuant to RCW 48.18.130, nor contain requirements inconsistent with requirements relative to the same
benefit provision as formulated or approved by the National
Association of Insurance Commissioners. [1957 c 193 § 10;
1947 c 79 § .18.12; Rem. Supp. 1947 § 45.18.12.]
48.18.125 Loss payable and mortgagee clauses for
property and automobile physical damage insurances—
Requirement to use adopted forms. The commissioner is
hereby authorized, and shall within a reasonable time
following July 30, 1967, adopt standard forms for loss
payable and mortgagee clauses for property and automobile
physical damage insurances, pursuant to the procedures set
forth in RCW 48.18.120(1). Following the adoption of such
forms, no insurer authorized to do business in the state shall
use any form other than those so adopted. [1967 ex.s. c 12
§ 1.]
48.18.130 Standard provisions. (1) Insurance
contracts shall contain such standard provisions as are
required by the applicable chapters of this code pertaining to
contracts of particular kinds of insurance. The commissioner
may waive the required use of a particular standard provision
in a particular insurance contract form if
(a) he finds such provision unnecessary for the protection of the insured, and inconsistent with the purposes of the
contract, and
(b) the contract is otherwise approved by him.
(2) No insurance contract shall contain any provision
inconsistent with or contradictory to any such standard
provision used or required to be used, but the commissioner
may, except as to the standard provisions of individual
disability insurance contracts as required under chapter 48.20
RCW, approve any provision which is in his opinion more
favorable to the insured than the standard provision or
optional standard provision otherwise required. No endorsement, rider, or other documents attached to such contract
shall vary, extend, or in any respect conflict with any such
standard provision, or with any modification thereof so
approved by the commissioner as being more favorable to
the insured.
(3) In lieu of the standard provisions required by this
code for contracts for particular kinds of insurance, substantially similar standard provisions required by the law of a
foreign or alien insurer’s domicile may be used when
approved by the commissioner. [1947 c 79 § .18.13; Rem.
Supp. 1947 § 45.18.13.]
Standard provisions
disability: Chapter 48.20 RCW.
group and blanket disability: Chapter 48.21 RCW.
group life and annuities: Chapter 48.24 RCW.
industrial life: Chapter 48.25 RCW.
life insurance and annuities: Chapter 48.23 RCW.
48.18.140 Contents of policies in general. (1) The
written instrument, in which a contract of insurance is set
forth, is the policy.
(2) A policy shall specify:
(a) The names of the parties to the contract. The
insurer’s name shall be clearly shown in the policy.
(b) The subject of the insurance.
[Title 48 RCW—page 90]
(c) The risk insured against.
(d) The time at which the insurance thereunder takes
effect and the period during which the insurance is to
continue.
(e) A statement of the premium, and if other than life,
disability, or title insurance, the premium rate where applicable.
(f) The conditions pertaining to the insurance.
(3) If under the contract the exact amount of premiums
is determinable only at termination of the contract, a
statement of the basis and rates upon which the final
premium is to be determined and paid shall be specified in
the policy.
(4)(a) Periodic payment plans for private passenger
automobile insurance shall allow a specific day of the month
for a due date for payment of premiums. A late charge may
not be required if payment is received within five days of
the date payment is due.
(b) The commissioner shall adopt rules to implement
this subsection and shall take no disciplinary action against
an insurer until ninety days after the effective date of the
rule.
(5) This section shall not apply to surety insurance contracts. [2002 c 344 § 1; 1989 c 25 § 2; 1957 c 193 § 11;
1947 c 79 § .18.14; Rem. Supp. 1947 § 45.18.14.]
Effective date—1989 c 25: See note following RCW 48.18.100.
48.18.150 Additional contents. A policy may contain
additional provisions, which are not inconsistent with this
code, and which are
(1) required to be so inserted by the laws of the
insurer’s state of domicile; or
(2) necessary, on account of the manner in which the
insurer is constituted or operated, to state the rights and
obligations of the parties to the contract. [1947 c 79 §
.18.15; Rem. Supp. 1947 § 45.18.15.]
48.18.160 Charter or bylaw provisions. No policy
shall contain any provision purporting to make any portion
of the charter, bylaws, or other constituent document of the
insurer a part of the contract unless such portion is set forth
in full in the policy. Any policy provision in violation of
this section shall be invalid. [1947 c 79 § .18.16; Rem.
Supp. 1947 § 45.18.16.]
48.18.170 "Premium" defined. "Premium" as used
in this code means all sums charged, received, or deposited
as consideration for an insurance contract or the continuance
thereof. Any assessment, or any "membership," "policy,"
"survey," "inspection," "service" or similar fee or charge
made by the insurer in consideration for an insurance
contract is deemed part of the premium. [1947 c 79 §
.18.17; Rem. Supp. 1947 § 45.18.17.]
48.18.180 Stated premium must include all charges.
(1) The premium stated in the policy shall be inclusive of all
fees, charges, premiums, or other consideration charged for
the insurance or for the procurement thereof.
(2) No insurer or its officer, employee, agent, solicitor,
or other representative shall charge or receive any fee,
(2002 Ed.)
The Insurance Contract
compensation, or consideration for insurance which is not
included in the premium specified in the policy.
(3) Each violation of this section is a gross misdemeanor.
(4) This section does not apply to a fee paid to a broker
by an insured as provided in RCW 48.17.270. [1994 c 203
§ 2; 1947 c 79 § .18.18; Rem. Supp. 1947 § 45.18.18.]
48.18.190 Policy must contain entire contract. No
agreement in conflict with, modifying, or extending any
contract of insurance shall be valid unless in writing and
made a part of the policy. [1947 c 79 § .18.19; Rem. Supp.
1947 § 45.18.19.]
48.18.200 Limiting actions, jurisdiction. (1) No
insurance contract delivered or issued for delivery in this
state and covering subjects located, resident, or to be
performed in this state, shall contain any condition, stipulation, or agreement
(a) requiring it to be construed according to the laws of
any other state or country except as necessary to meet the
requirements of the motor vehicle financial responsibility
laws of such other state or country; or
(b) depriving the courts of this state of the jurisdiction
of action against the insurer; or
(c) limiting right of action against the insurer to a period
of less than one year from the time when the cause of action
accrues in connection with all insurances other than property
and marine and transportation insurances. In contracts of
property insurance, or of marine and transportation insurance, such limitation shall not be to a period of less than one
year from the date of the loss.
(2) Any such condition, stipulation, or agreement in
violation of this section shall be void, but such voiding shall
not affect the validity of the other provisions of the contract.
[1947 c 79 § .18.20; Rem. Supp. 1947 § 45.18.20.]
48.18.210 Execution of policies. (1) Every insurance
contract shall be executed in the name of and on behalf of
the insurer by its officer, employee, or representative duly
authorized by the insurer.
(2) A facsimile signature of any such executing officer,
employee or representative may be used in lieu of an
original signature.
(3) No insurance contract heretofore or hereafter issued
and which is otherwise valid shall be rendered invalid by
reason of the apparent execution thereof on behalf of the
insurer by the imprinted facsimile signature of any individual
not authorized so to execute as of the date of the policy, if
the policy is countersigned with the original signature of an
individual then so authorized to countersign. [1947 c 79 §
.18.21; Rem. Supp. 1947 § 45.18.21.]
48.18.220 Receipt of premium to bind coverage—
Contents of receipt. Where an agent or other representative
of an insurer receipts premium money at the time that agent
or representative purports to bind coverage, the receipt shall
state: (a) that it is a binder, (b) a brief description of the
coverage bound, and (c) the identity of the insurer in which
the coverage is bound. This section does not apply as to life
and disability insurances. [1967 ex.s. c 12 § 2.]
(2002 Ed.)
48.18.180
48.18.230 Binders—Duration—Premium. (1) A
"binder" is used to bind insurance temporarily pending the
issuance of the policy. No binder shall be valid beyond the
issuance of the policy as to which it was given, or beyond
ninety days from its effective date, whichever period is the
shorter.
(2) If the policy has not been issued a binder may be
extended or renewed beyond such ninety days upon the
commissioner’s written approval, or in accordance with such
rules and regulations relative thereto as the commissioner
may promulgate.
(3) Where the premium used in the binder differs from
the actual policy premium by less than ten dollars, the
insurer shall not be required to notify the insured and may
use the actual policy premium. [1996 c 95 § 1; 1947 c 79
§ .18.23; Rem. Supp. 1947 § 45.18.23.]
48.18.240 Binders—Agent’s liability. The commissioner may suspend or revoke the license of any agent
issuing or purporting to issue any binder as to any insurer
named therein as to which he is not then authorized so to
bind. [1947 c 79 § .18.24; Rem. Supp. 1947 § 45.18.24.]
48.18.250 Underwriters’ and combination policies.
(1) Two or more authorized insurers may jointly issue, and
shall be jointly and severally liable on, an underwriters’
policy bearing their names. Any one insurer may issue
policies in the name of an underwriter’s department and such
policies shall plainly show the true name of the insurer.
(2) Two or more authorized insurers may, with the
commissioner’s approval, issue a combination policy which
shall contain provisions substantially as follows:
(a) That the insurers executing the policy shall be
severally liable for the full amount of any loss or damage,
according to the terms of the policy, or for specified percentages or amounts thereof, aggregating the full amount of
insurance under the policy.
(b) That service of process, or of any notice or proof of
loss required by such policy, upon any of the insurers
executing the policy, shall constitute service upon all such
insurers.
(3) This section shall not apply to co-surety obligations.
[1947 c 79 § .18.25; Rem. Supp. 1947 § 45.18.25.]
48.18.260 Delivery of policy. (1) Subject to the
insurer’s requirements as to payment of premium, every
policy shall be delivered to the insured or to the person
entitled thereto within a reasonable period of time after its
issuance.
(2) In event the original policy is delivered or is so required to be delivered to or for deposit with any vendor,
mortgagee, or pledgee of any motor vehicle or aircraft, and
in which policy any interest of the vendee, mortgagor, or
pledgor in or with reference to such vehicle or aircraft is insured, a duplicate of such policy, or memorandum thereof
setting forth the type of coverage, limits of liability, premiums for the respective coverages, and duration of the policy,
shall be delivered by the vendor, mortgagee, or pledgee to
each such vendee, mortgagor, or pledgor named in the policy
or coming within the group of persons designated in the
policy to be so included. If the policy does not provide
[Title 48 RCW—page 91]
48.18.260
Title 48 RCW: Insurance
coverage of legal liability for injury to persons or damage to
the property of third parties, a conspicuous statement of such
fact shall be printed, written, or stamped on the face of such
duplicate policy or memorandum. [1947 c 79 § .18.26;
Rem. Supp. 1947 § 45.18.26.]
Vehicle seller must furnish buyer itemized statement of insurance and other
charges: RCW 46.70.130.
48.18.280 Renewal of policy. Any insurance policy
terminating by its terms at a specified expiration date and
not otherwise renewable, may be renewed or extended at the
option of the insurer and upon a currently authorized policy
form and at the premium rate then required therefor for a
specific additional period or periods by a certificate or by
endorsement of the policy, and without requiring the issuance of a new policy. [1947 c 79 § .18.28; Rem. Supp.
1947 § 45.18.28.]
48.18.289 Cancellation, nonrenewal, renewal offer—
Notice to agent. Whenever a notice of cancellation or
nonrenewal or an offer to renew is furnished to an insured
in accord with any provision of this chapter, a copy of such
notice or offer shall be provided within five working days to
the agent on the account or to the broker of record for the
insured. When possible, the copy to the agent or broker may
be provided electronically. [2000 c 220 § 1; 1988 c 249 §
1; 1987 c 14 § 1.]
Effective date—1988 c 249: "This act shall take effect September 1,
1988." [1988 c 249 § 4.]
48.18.290 Cancellation by insurer. (1) Cancellation
by the insurer of any policy which by its terms is cancellable
at the option of the insurer, or of any binder based on such
policy which does not contain a clearly stated expiration
date, may be effected as to any interest only upon compliance with the following:
(a) Written notice of such cancellation, accompanied by
the actual reason therefor, must be actually delivered or
mailed to the named insured not less than forty-five days
prior to the effective date of the cancellation except for
cancellation of insurance policies for nonpayment of premiums, which notice shall be not less than ten days prior to
such date and except for cancellation of fire insurance
policies under chapter 48.53 RCW, which notice shall not be
less than five days prior to such date;
(b) Like notice must also be so delivered or mailed to
each mortgagee, pledgee, or other person shown by the
policy to have an interest in any loss which may occur
thereunder. For purposes of this subsection (1)(b), "delivered" includes electronic transmittal, facsimile, or personal
delivery.
(2) The mailing of any such notice shall be effected by
depositing it in a sealed envelope, directed to the addressee
at his or her last address as known to the insurer or as
shown by the insurer’s records, with proper prepaid postage
affixed, in a letter depository of the United States post
office. The insurer shall retain in its records any such item
so mailed, together with its envelope, which was returned by
the post office upon failure to find, or deliver the mailing to,
the addressee.
[Title 48 RCW—page 92]
(3) The affidavit of the individual making or supervising
such a mailing, shall constitute prima facie evidence of such
facts of the mailing as are therein affirmed.
(4) The portion of any premium paid to the insurer on
account of the policy, unearned because of the cancellation
and in amount as computed on the pro rata basis, must be
actually paid to the insured or other person entitled thereto
as shown by the policy or by any endorsement thereon, or be
mailed to the insured or such person as soon as possible, and
no later than forty-five days after the date of notice of
cancellation to the insured for homeowners’, dwelling fire,
and private passenger auto. Any such payment may be
made by cash, or by check, bank draft, or money order.
(5) This section shall not apply to contracts of life or
disability insurance without provision for cancellation prior
to the date to which premiums have been paid, or to contracts of insurance procured under the provisions of chapter
48.15 RCW. [1997 c 85 § 1; 1988 c 249 § 2; 1986 c 287 §
1; 1985 c 264 § 17; 1982 c 110 § 7; 1980 c 102 § 7; 1979
ex.s. c 199 § 5; 1975-’76 2nd ex.s. c 119 § 2; 1947 c 79 §
.18.29; Rem. Supp. 1947 § 45.18.29.]
Effective date—1988 c 249: See note following RCW 48.18.289.
Application—1985 c 264 §§ 17-22: "Sections 17 through 22 of this
act apply to all new or renewal policies issued or renewed after May 10,
1985. Sections 17 through 22 of this act shall not apply to or affect the
validity of any notice of cancellation mailed or delivered prior to May 10,
1985. Sections 17 through 22 of this act shall not be construed to affect
cancellation of a renewal policy, if notice of cancellation is mailed or
delivered within forty-five days after May 10, 1985. Sections 17 through
22 of this act shall not be construed to require notice, other than that already
required, of intention not to renew any policy which expires less than fortyfive days after May 10, 1985." [1985 c 264 § 24.]
48.18.2901 Renewal required—Exceptions. (1) Each
insurer shall be required to renew any contract of insurance
subject to RCW 48.18.290 unless one of the following
situations exists:
(a) The insurer gives the named insured at least fortyfive days’ notice in writing as provided for in RCW
48.18.290, that it proposes to refuse to renew the insurance
contract upon its expiration date; and sets forth in that writing the actual reason for refusing to renew;
(b) At least twenty days prior to its expiration date, the
insurer has communicated, either directly or through its
agent, its willingness to renew in writing to the named
insured and has included in that writing a statement of the
amount of the premium or portion thereof required to be
paid by the insured to renew the policy, and the insured fails
to discharge when due his or her obligation in connection
with the payment of such premium or portion thereof;
(c) The insured has procured equivalent coverage prior
to the expiration of the policy period;
(d) The contract is evidenced by a written binder
containing a clearly stated expiration date which has expired
according to its terms; or
(e) The contract clearly states that it is not renewable,
and is for a specific line, subclassification, or type of
coverage that is not offered on a renewable basis. This
subsection (1)(e) does not restrict the authority of the
insurance commissioner under this code.
(2) Any insurer failing to include in the notice required
by subsection (1)(b) of this section the amount of any
increased premium resulting from a change of rates and an
(2002 Ed.)
The Insurance Contract
explanation of any change in the contract provisions shall
renew the policy if so required by that subsection according
to the rates and contract provisions applicable to the expiring
policy. However, renewal based on the rates and contract
provisions applicable to the expiring policy shall not prevent
the insurer from making changes in the rates and/or contract
provisions of the policy once during the term of its renewal
after at least twenty days’ advance notice of such change has
been given to the named insured.
(3) Renewal of a policy shall not constitute a waiver or
estoppel with respect to grounds for cancellation which
existed before the effective date of such renewal, or with
respect to cancellation of fire policies under chapter 48.53
RCW.
(4) "Renewal" or "to renew" means the issuance and
delivery by an insurer of a contract of insurance replacing at
the end of the contract period a contract of insurance
previously issued and delivered by the same insurer, or the
issuance and delivery of a certificate or notice extending the
term of a contract beyond its policy period or term. However, (a) any contract of insurance with a policy period or term
of six months or less whether or not made continuous for
successive terms upon the payment of additional premiums
shall for the purpose of RCW 48.18.290 and 48.18.293
through 48.18.295 be considered as if written for a policy
period or term of six months; and (b) any policy written for
a term longer than one year or any policy with no fixed
expiration date, shall, for the purpose of RCW 48.18.290 and
48.18.293 through 48.18.295, be considered as if written for
successive policy periods or terms of one year.
(5) A midterm blanket reduction in rate, approved by
the commissioner, for medical malpractice insurance shall
not be considered a renewal for purposes of this section.
[2002 c 347 § 1; 1993 c 186 § 1; 1988 c 249 § 3; 1986 c
287 § 2; 1985 c 264 § 20.]
Effective date—1988 c 249: See note following RCW 48.18.289.
Application—1985 c 264 §§ 17-22: See note following RCW
48.18.290.
48.18.291 Cancellation of private automobile
insurance by insurer—Notice—Requirements. (1) No
contract of insurance predicated wholly or in part upon the
use of a private passenger automobile shall be terminated by
cancellation by the insurer until at least twenty days after
mailing written notice of cancellation to the named insured
at the latest address filed with the insurer by or on behalf of
the named insured, accompanied by the reason therefor:
PROVIDED, That where cancellation is for nonpayment of
premium, or is within the first thirty days after the contract
has been in effect, at least ten days notice of cancellation,
accompanied by the reason therefor, shall be given: PROVIDED HOWEVER, That in case of a contract evidenced by
a written binder which has been delivered to the insured, if
such binder contains a clearly stated expiration date, no
additional notice of cancellation or nonrenewal shall be
required.
(2) (a) No notice of cancellation by the insurer as to a
contract of insurance to which subsection (1) applies shall be
valid if sent more than sixty days after the contract has been
in effect unless:
(2002 Ed.)
48.18.2901
(i) The named insured fails to discharge when due any
of his or her obligations in connection with the payment of
premium for the policy or any installment thereof, whether
payable directly to the insurer or to its agent or indirectly
under any premium finance plan or extension of credit.
(ii) The driver’s license of the named insured, or of any
other operator who customarily operates an automobile
insured under the policy, has been under suspension or
revocation during the policy period or, if the policy is a renewal, during its policy period or the one hundred eighty
days immediately preceding the effective date of the renewal
policy.
(b) Modification by the insurer of automobile physical
damage coverage by the inclusion of a deductible not
exceeding one hundred dollars shall not be deemed a
cancellation of the coverage or of the policy.
(3) The substance of subsections (1) and (2)(a) of this
section must be set forth in each contract of insurance
subject to the provisions of subsection (1) above, and may
be in the form of an attached endorsement.
(4) No notice of cancellation of a policy which can be
canceled only pursuant to subsection (2) shall be effective
unless the reason therefor accompanies or is included in the
notice of cancellation. [1985 c 264 § 18; 1979 ex.s. c 199
§ 6; 1969 ex.s. c 241 § 19.]
Application—1985 c 264 §§ 17-22: See note following RCW
48.18.290.
Construction—1969 ex.s. c 241: "Sections 19 through 25 of this
1969 amendatory act shall become operative September 1, 1969, and shall
apply to policies written or renewed, or which have a renewal anniversary
thereafter. Sections 19 through 25 of this 1969 amendatory act shall not
apply to or affect the validity of any notice of cancellation mailed or
delivered prior to the operative date of this amendatory act. Sections 19
through 25 of this 1969 amendatory act shall not be construed to affect
cancellation of a renewal policy, if notice of cancellation is mailed or
delivered within sixty days after the operative date of sections 19 through
25 of this amendatory act. Sections 19 through 25 of this 1969 amendatory
act shall not be construed to require notice of intention not to renew any
policy which expires less than thirty days after the operative date of sections
19 through 25 of this 1969 amendatory act." [1969 ex.s. c 241 § 25.]
48.18.292 Refusal to renew private automobile
insurance by insurer—Change in amount of premium or
deductibles. (1) Each insurer shall be required to renew any
contract of insurance subject to RCW 48.18.291 unless one
of the following situations exists:
(a) The insurer gives the named insured at least twenty
days’ notice in writing as provided for in RCW
48.18.291(1), that it proposes to refuse to renew the insurance contract upon its expiration date; and sets forth therein
the actual reason for refusing to renew; or
(b) At least twenty days prior to its expiration date, the
insurer has communicated its willingness to renew in writing
to the named insured, and has included therein a statement
of the amount of the premium or portion thereof required to
be paid by the insured to renew the policy, including the
amount by which the premium or deductibles have changed
from the previous policy period, and the date by which such
payment must be made, and the insured fails to discharge
when due his obligation in connection with the payment of
such premium or portion thereof; or
(c) The insured’s agent or broker has procured other
coverage acceptable to the insured prior to the expiration of
the policy period.
[Title 48 RCW—page 93]
48.18.292
Title 48 RCW: Insurance
(2) Renewal of a policy shall not constitute a waiver or
estoppel with respect to grounds for cancellation which
existed before the effective date of such renewal.
(3) "Renewal" or "to renew" means the issuance and
delivery by an insurer of a contract of insurance replacing at
the end of the contract period a contract of insurance
previously issued and delivered by the same insurer, or the
issuance and delivery of a certificate or notice extending the
term of a contract beyond its policy period or term: PROVIDED, HOWEVER, That any contract of insurance with a
policy period or term of six months or less whether or not
made continuous for successive terms upon the payment of
additional premiums shall for the purpose of RCW 48.18.291
through 48.18.297 be considered as if written for a policy
period or term of six months: PROVIDED, FURTHER,
That any policy written for a term longer than one year or
any policy with no fixed expiration date, shall, for the
purpose of RCW 48.18.291 through 48.18.297, be considered
as if written for successive policy periods or terms of one
year.
(4) On and after January 1, 1980, no policy of insurance
subject to RCW 48.18.291 shall be issued for a policy period
or term of less than six months.
(5) No insurer shall refuse to renew the liability and/or
collision coverage of an automobile insurance policy on the
basis that an insured covered by the policy of the insurer has
submitted one or more claims under the comprehensive, road
service, or towing coverage of the policy. Nothing in this
subsection shall prohibit the nonrenewal of comprehensive,
road service, or towing coverage on the basis of one or more
claims submitted by an insured. [1985 c 264 § 19; 1981 c
339 § 17; 1979 ex.s. c 199 § 7; 1973 1st ex.s. c 152 § 3;
1969 ex.s. c 241 § 20.]
Application—1985 c 264 §§ 17-22: See note following RCW
48.18.290.
Severability—1973 1st ex.s. c 152: See note following RCW
48.05.140.
Construction—1969 ex.s. c 241: See note following RCW
48.18.291.
48.18.293 Nonliability of commissioner, agents,
insurer for information giving reasons for cancellation or
refusal to renew—Proof of mailing of notice. (1) There
shall be no liability on the part of, and no cause of action of
any nature shall arise against, the insurance commissioner,
his agents, or members of his staff, or against any insurer, its
authorized representative, its agents, its employees, or any
firm, person or corporation furnishing to the insurer information as to reasons for cancellation or refusal to renew, for
any statement made by any of them in any written notice of
cancellation or refusal to renew, or in any other communications, oral or written, specifying the reasons for cancellation
or refusal to renew or the providing of information pertaining thereto, or for statements made or evidence submitted in
any hearing conducted in connection therewith.
(2) Proof of mailing of notice of cancellation or refusal
to renew or of reasons for cancellation, to the named
insured, at the latest address filed with the insurer by or on
behalf of the named insured shall be sufficient proof of notice. [1969 ex.s. c 241 § 21.]
Construction—1969 ex.s. c 241: See note following RCW
48.18.291.
[Title 48 RCW—page 94]
48.18.295 RCW 48.18.290 through 48.18.297 not to
prevent cancellation or nonrenewal, when. Nothing in
RCW 48.18.290 through 48.18.297 shall be construed to
prevent the cancellation or nonrenewal of any such insurance
where:
(1) Such cancellation or nonrenewal is ordered by the
commissioner under a statutory delinquency proceeding
commenced under the provisions of chapter 48.31 RCW, or
(2) Permission for such cancellation or nonrenewal has
been given by the commissioner on a showing that the
continuation of such coverage can reasonably be expected to
create a condition in the company hazardous to its policyholder, or to its creditors, or to its members, subscribers,
or stockholders, or to the public. [1985 c 264 § 21; 1969
ex.s. c 241 § 22; 1967 ex.s. c 95 § 2.]
Application—1985 c 264 §§ 17-22: See note following RCW
48.18.290.
Construction—1969 ex.s. c 241: See note following RCW
48.18.291.
Severability—1967 ex.s. c 95: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons and circumstances is not affected." [1967 ex.s. c 95 § 16.]
48.18.296 Contracts to which RCW 48.18.291
through 48.18.297 inapplicable. The provisions of RCW
48.18.291 through 48.18.297 shall not apply to:
(1) Contracts of insurance issued under the assigned risk
plan;
(2) Any policy covering garage, automobile sales
agency, repair shop, service station, or public parking place
operation hazards; and
(3) Contracts of insurance procured under the provisions
of chapter 48.15 RCW. [1986 c 287 § 3; 1985 c 264 § 22;
1983 1st ex.s. c 32 § 6; 1969 ex.s. c 241 § 23.]
Application—1985 c 264 §§ 17-22: See note following RCW
48.18.290.
Construction—1969 ex.s. c 241: See note following RCW
48.18.291.
48.18.297 Private passenger automobile defined. A
private passenger automobile as used in RCW 48.18.291
through 48.18.297 shall mean:
(1) An individually owned motor vehicle of the private
passenger or station wagon type that is not used as a public
or livery conveyance for passengers, nor rented to others.
(2) Any other individually owned four-wheel motor
vehicle with a load capacity of fifteen hundred pounds or
less which is not used in the occupation, profession, or
business of the insured. [1969 ex.s. c 241 § 24.]
Construction—1969 ex.s. c 241: See note following RCW
48.18.291.
48.18.298 Disability insurance—Refusal to renew by
insurer. No insurer shall refuse to renew any policy of
individual disability insurance issued after July 1, 1973
because of a change in the physical or mental condition or
health of any person covered thereunder: PROVIDED, That
after approval of the insurance commissioner, an insurer may
discharge its obligation to renew the contract by obtaining
for the insured coverage with another insurer which is com(2002 Ed.)
The Insurance Contract
parable in terms of premiums and benefits. [1973 1st ex.s.
c 188 § 1.]
Severability—1973 1st ex.s. c 188: "If any provision of this act, or
its application to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons or circumstances is not affected." [1973 1st ex.s. c 188 § 5.]
48.18.299 Disability insurance—Cancellation by
insurer. No contract of insurance enumerated in RCW
48.18.298 shall be terminated by cancellation by the insurer
during the period of contract except for nonpayment of
premium. This section shall not be deemed to affect the
right of the insurer to rescind the policy as limited and
defined in RCW 48.18.090. [1973 1st ex.s. c 188 § 2.]
Severability—1973 1st ex.s. c 188: See note following RCW
48.18.298.
48.18.300 Cancellation by insured. (1) Cancellation
by the insured of any policy which by its terms is
cancellable at the insured’s option or of any binder based on
such policy may be effected by written notice thereof to the
insurer or surrender of the policy or binder for cancellation
prior to or on the effective date of such cancellation. In
[the] event the policy or binder has been lost or destroyed
and cannot be so surrendered, the insurer may in lieu of such
surrender accept and in good faith rely upon the insured’s
written statement setting forth the fact of such loss or
destruction.
(2) As soon as possible, and no later than thirty days
after the receipt of the notice of cancellation from the
policyholder for homeowners’, dwelling fire, and private
passenger auto insurance, the insurer shall pay to the insured
or to the person entitled thereto as shown by the insurer’s
records, any unearned portion of any premium paid on the
policy as computed on the customary short rate or as
otherwise specified in the policy: PROVIDED, That the
refund of any unearned portion of any premium paid on a
contract of dwelling fire insurance, homeowners’ insurance,
or insurance predicated upon the use of a private passenger
automobile (as defined in RCW 48.18.297 and excluding
contracts of insurance and policies enumerated in RCW
48.18.296) shall be computed on a pro rata basis and the
insurer shall refund not less than ninety percent of any
unearned portion not exceeding one hundred dollars, plus
ninety-five percent of any unearned portion over one
hundred dollars but not exceeding five hundred dollars, and
not less than ninety-seven percent of the amount of any
unearned portion in excess of five hundred dollars. If the
amount of any refund is less than two dollars, no refund
need be made. If no premium has been paid on the policy,
the insured shall be liable to the insurer for premium for the
period during which the policy was in force.
(3) The surrender of a policy to the insurer for any
cause by any person named therein as having an interest
insured thereunder shall create a presumption that such
surrender is concurred in by all persons so named.
(4) This section shall not apply to life insurance policies
or to annuity contracts. [1980 c 102 § 8; 1979 ex.s. c 199
§ 8; 1955 c 303 § 16; 1947 c 79 § .18.30; Rem. Supp. 1947
§ 45.18.30.]
(2002 Ed.)
48.18.298
48.18.310 Cancellation by commissioner. The
commissioner may order the immediate cancellation of any
policy the procuring or effectuation of which was accomplished through or accompanied by a violation of this code,
except in cases where the policy by its terms is not
cancellable by the insurer and the insured did not knowingly
participate in any such violation. [1947 c 79 § .18.31; Rem.
Supp. 1947 § 45.18.31.]
48.18.320 Annulment of liability policies. No
insurance contract insuring against loss or damage through
legal liability for the bodily injury or death by accident of
any individual, or for damage to the property of any person,
shall be retroactively annulled by any agreement between the
insurer and insured after the occurrence of any such injury,
death, or damage for which the insured may be liable, and
any such annulment attempted shall be void. [1947 c 79 §
.18.32; Rem. Supp. 1947 § 45.18.32.]
48.18.340 Dividends payable to real party in
interest. (1) Every insurer issuing participating policies,
shall pay dividends, unused premium refunds or savings
distributed on account of any such policy, only to the real
party in interest entitled thereto as shown by the insurer’s
records, or to any person to whom the right thereto has been
assigned in writing of record with the insurer, or given in the
policy by such real party in interest.
(2) Any person who is shown by the insurer’s records
to have paid for his own account, or to have been ultimately
charged for, the premium for insurance provided by a policy
in which another person is the nominal insured, shall be
deemed such real party in interest proportionate to premium
so paid or so charged. This subsection shall not apply as to
any such dividend, refund, or distribution which would
amount to less than one dollar.
(3) This section shall not apply to contracts of group life
insurance, group annuities, or group disability insurance.
[1947 c 79 § .18.34; Rem. Supp. 1947 § 45.18.34.]
48.18.350 Breach of warranty prior to loss—Effect.
If any breach of a warranty or condition in any insurance
contract occurs prior to a loss under the contract, such
breach shall not avoid the contract nor avail the insurer to
avoid liability, unless the breach exists at the time of the
loss. [1947 c 79 § .18.35; Rem. Supp. 1947 § 45.18.35.]
48.18.360 Assignment of policies—Life and disability. Subject to the terms of the policy relating to its assignment, life insurance policies, other than industrial or group
life insurance policies, and disability policies providing
benefits for accidental death, whether such policies were
heretofore or are hereafter issued, and under the terms of
which the beneficiary may be changed upon the sole request
of the insured, may be assigned either by pledge or transfer
of title, by an assignment executed by the insured alone and
delivered to the insurer, whether or not the pledgee or
assignee is the insurer. Industrial life insurance policies may
be made assignable only to a bank or trust company. Any
such assignment shall entitle the insurer to deal with the
assignee as the owner or pledgee of the policy in accordance
with the terms of the assignment, until the insurer has
[Title 48 RCW—page 95]
48.18.360
Title 48 RCW: Insurance
received at its home office written notice of termination of
the assignment or pledge, or written notice by or on behalf
of some other person claiming some interest in the policy in
conflict with the assignment. [1947 c 79 § .18.36; Rem.
Supp. 1947 § 45.18.36.]
48.18.370 Payment discharges insurer—Life and
disability. Whenever the proceeds of, or payments under a
life or disability insurance policy, heretofore or hereafter
issued, become payable and the insurer makes payment
thereof in accordance with the terms of the policy, or in
accordance with any written assignment thereof pursuant to
RCW 48.18.360, the person then designated in the policy or
by such assignment as being entitled thereto, shall be entitled
to receive such proceeds or payments and to give full
acquittance therefor, and such payment shall fully discharge
the insurer from all claims under the policy unless, before
payment is made, the insurer has received at its home office,
written notice by or on behalf of some other person that such
other person claims to be entitled to such payment or some
interest in the policy. [1947 c 79 § .18.37; Rem. Supp. 1947
§ 45.18.37.]
48.18.375 Assignment of interests under group
insurance policy. A person whose life is insured under a
group insurance policy may, subject and pursuant to the
terms of the policy, or pursuant to an arrangement between
the insured, the group policyholder and the insurer, assign to
any or all his spouse, children, parents, or a trust for the
benefit of any or all of them, all or any part of his incidents
of ownership, rights, title, and interests, both present and
future, under such policy including specifically, but not by
way of limitation, the right to designate a beneficiary or
beneficiaries thereunder and the right to have an individual
policy issued to him in case of termination of employment
or of said group insurance policy. Such an assignment by
the insured, made either before or after July 16, 1973, is
valid for the purpose of vesting in the assignee, in accordance with any provisions included therein as to the time at
which it is to be effective, all of such incidents of ownership, rights, title, and interests so assigned, but without
prejudice to the insurer on account of any payment it may
make or individual policy it may issue prior to receipt of
notice of the assignment. This section acknowledges,
declares, and codifies the existing right of assignment of
interests under group insurance policies. [1973 1st ex.s. c
163 § 3.]
48.18.390 Simultaneous deaths—Payment of
proceeds—Life insurance. Where the individual insured
and the beneficiary designated in a life insurance policy or
policy insuring against accidental death have died and there
is not sufficient evidence that they have died otherwise than
simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary, unless
otherwise expressly provided in the policy. [1947 c 79 §
.18.39; Rem. Supp. 1947 § 45.18.39.]
Distribution of proceeds of insurance policy when insured and beneficiary
die simultaneously: RCW 11.05.040.
[Title 48 RCW—page 96]
48.18.400 Exemption of proceeds—Disability. The
proceeds or avails of all contracts of disability insurance and
of provisions providing benefits on account of the insured’s
disability which are supplemental to life insurance or annuity
contracts heretofore or hereafter effected shall be exempt
from all liability for any debt of the insured, and from any
debt of the beneficiary existing at the time the proceeds are
made available for his use. [1947 c 79 § .18.40; Rem. Supp.
1947 § 45.18.40.]
48.18.410 Exemption of proceeds—Life. (1) The
lawful beneficiary, assignee, or payee of a life insurance
policy, other than an annuity, heretofore or hereafter effected
by any person on his own life, or on the life of another, in
favor of a person other than himself, shall be entitled to the
proceeds and avails of the policy against the creditors and
representatives of the insured and of the person effecting the
insurance, and such proceeds and avails shall also be exempt
from all liability for any debt of such beneficiary, existing at
the time the proceeds or avails are made available for his
own use.
(2) The provisions of subsection (1) of this section shall
apply
(a) whether or not the right to change the beneficiary is
reserved or permitted in the policy; or
(b) whether or not the policy is made payable to the
person whose life is insured or to his estate if the beneficiary, assignee or payee shall predecease such person; except,
that this subsection shall not be construed so as to defeat any
policy provision which provides for disposition of proceeds
in the event the beneficiary shall predecease the insured.
(3) The exemptions provided by subsection (1) of this
section, subject to the statute of limitations, shall not apply
(a) to any claim to or interest in such proceeds or avails
by or on behalf of the insured, or the person so effecting the
insurance, or their administrators or executors, in whatever
capacity such claim is made or such interest is asserted; or
(b) to any claim to or interest in such proceeds or avails
by or on behalf of any person to whom rights thereto have
been transferred with intent to defraud creditors; but an
insurer shall be liable to all such creditors only as to
amounts aggregating not to exceed the amount of such
proceeds or avails remaining in the insurer’s possession at
the time the insurer receives at its home office written notice
by or on behalf of such creditors, of claims to recover for
such transfer, with specification of the amounts claimed; or
(c) to so much of such proceeds or avails as equals the
amount of any premiums or portion thereof paid for the
insurance with intent to defraud creditors, with interest
thereon, and if prior to the payment of such proceeds or
avails the insurer has received at its home office written
notice by or on behalf of the creditor, of a claim to recover
for premiums paid with intent to defraud creditors, with
specification of the amount claimed.
(4) For the purposes of subsection (1) of this section a
policy shall also be deemed to be payable to a person other
than the insured if and to the extent that a facility-ofpayment clause or similar clause in the policy permits the
insurer to discharge its obligation after the death of the
individual insured by paying the death benefits to a person
as permitted by such clause.
(2002 Ed.)
The Insurance Contract
(5) No person shall be compelled to exercise any rights,
powers, options or privileges under any such policy. [1947
c 79 § .18.41; Rem. Supp. 1947 § 45.18.41.]
48.18.420 Exemption of proceeds—Group life. (1)
A policy of group life insurance or the proceeds thereof
payable to the individual insured or to the beneficiary
thereunder, shall not be liable, either before or after payment, to be applied to any legal or equitable process to pay
any liability of any person having a right under the policy.
The proceeds thereof, when not made payable to a named
beneficiary or to a third person pursuant to a facility-ofpayment clause, shall not constitute a part of the estate of
the individual insured for the payment of his debts.
(2) This section shall not apply to group life insurance
policies issued under RCW 48.24.040 (debtor groups) to the
extent that such proceeds are applied to payment of the
obligation for the purpose of which the insurance was so
issued. [1947 c 79 § .18.42; Rem. Supp. 1947 § 45.18.42.]
48.18.430 Exemption of proceeds, commutation—
Annuities. (1) The benefits, rights, privileges and options
which under any annuity contract heretofore or hereafter
issued are due or prospectively due the annuitant who paid
the consideration for the annuity contract, shall not be
subject to execution nor shall the annuitant be compelled to
exercise any such rights, powers or options, nor shall creditors be allowed to interfere with or terminate the contract,
except:
(a) As to amounts paid for or as premium on any such
annuity with intent to defraud creditors, with interest thereon,
and of which the creditor has given the insurer written notice
at its home office prior to the making of the payments to the
annuitant out of which the creditor seeks to recover. Any
such notice shall specify the amount claimed or such facts as
will enable the insurer to ascertain such amount, and shall
set forth such facts as will enable the insurer to ascertain the
insurance or annuity contract, the person insured or annuitant
and the payments sought to be avoided on the ground of
fraud.
(b) The total exemption of benefits presently due and
payable to any annuitant periodically or at stated times under
all annuity contracts under which he is an annuitant, shall
not at any time exceed two hundred and fifty dollars per
month for the length of time represented by such installments, and that such periodic payment in excess of two
hundred and fifty dollars per month shall be subject to
garnishee execution to the same extent as are wages and
salaries.
(c) If the total benefits presently due and payable to any
annuitant under all annuity contracts under which he is an
annuitant, shall at any time exceed payment at the rate of
two hundred and fifty dollars per month, then the court may
order such annuitant to pay to a judgment creditor or apply
on the judgment, in installments, such portion of such excess
benefits as to the court may appear just and proper, after due
regard for the reasonable requirements of the judgment
debtor and his family, if dependent upon him, as well as any
payments required to be made by the annuitant to other
creditors under prior court orders.
(2002 Ed.)
48.18.410
(2) The benefits, rights, privileges or options accruing
under such contract to a beneficiary or assignee shall not be
transferable nor subject to commutation, and if the benefits
are payable periodically or at stated times, the same exemptions and exceptions contained herein for the annuitant, shall
apply with respect to such beneficiary or assignee.
(3) An annuity contract within the meaning of this
section shall be any obligation to pay certain sums at stated
times, during life or lives, or for a specified term or terms,
issued for a valuable consideration, regardless of whether or
not such sums are payable to one or more persons, jointly or
otherwise, but does not include payments under life insurance contracts at stated times during life or lives, or for a
specified term or terms. [1949 c 190 § 25; 1947 c 79 §
.18.43; Rem. Supp. 1949 § 45.18.43.]
48.18.440 Spouse’s rights in life insurance policy.
(1) Every life insurance policy heretofore or hereafter made
payable to or for the benefit of the spouse of the insured,
and every life insurance policy heretofore or hereafter
assigned, transferred, or in any way made payable to a
spouse or to a trustee for the benefit of a spouse, regardless
of how such assignment or transfer is procured, shall, unless
contrary to the terms of the policy, inure to the separate use
and benefit of such spouse: PROVIDED, That the beneficial
interest of a spouse in a policy upon the life of a child of the
spouses, however such interest is created, shall be deemed to
be a community interest and not a separate interest, unless
expressly otherwise provided by the policy.
(2) In any life insurance policy heretofore or hereafter
issued upon the life of a spouse the designation heretofore or
hereafter made by such spouse of a beneficiary in accordance with the terms of the policy, shall create a presumption that such beneficiary was so designated with the consent
of the other spouse, but only as to any beneficiary who is
the child, parent, brother, or sister of either of the spouses.
The insurer may in good faith rely upon the representations
made by the insured as to the relationship to him of any
such beneficiary. [1947 c 79 § .18.44; Rem. Supp. 1947 §
45.18.44.]
48.18.450 Life insurance payable to trustee named
as beneficiary in the policy. Life insurance may be made
payable to a trustee to be named as beneficiary in the policy
and the proceeds of such insurance paid to such trustee shall
be held and disposed of by the trustee as provided in a trust
agreement or declaration of trust made by the insured during
his lifetime. It shall not be necessary to the validity of any
such trust agreement or declaration of trust that it have a
trust corpus other than the right of the trustee to receive such
insurance proceeds as beneficiary, and any such trustee may
also receive assets, other than insurance proceeds, by testamentary disposition and administer them according to the
terms of the trust agreement or declaration of trust as they
exist at the death of the testator. [1963 c 227 § 1.]
48.18.452 Life insurance designating as beneficiary
a trustee named by will. A policy of life insurance may
designate as beneficiary a trustee or trustees named or to be
named by will, if the designation is made in accordance with
the provisions of the policy and the requirements of the
[Title 48 RCW—page 97]
48.18.452
Title 48 RCW: Insurance
insurance company. Immediately after the proving of the
will the proceeds of such insurance shall be paid to the
trustee or trustees named therein to be held and disposed of
under the terms of the will as they exist at the death of the
testator, but if no qualified trustee makes claim to the
proceeds from the insurance company within one year after
the death of the insured, or if satisfactory evidence is
furnished the insurance company within such one-year period
showing that no trustee can qualify to receive the proceeds,
payment shall be made by the insurance company to those
thereafter entitled. The proceeds of the insurance as collected by the trustee or trustees shall not be subject to debts of
the insured and inheritance tax to any greater extent than if
such proceeds were payable to any other named beneficiary
other than the estate of the insured. Enactment of this
section shall not invalidate previous life insurance policy
beneficiary designations naming trustees of trusts established
by will. [1963 c 227 § 2.]
48.18.460 Proof of loss—Furnishing forms—May
require oath. An insurer shall furnish, upon request of any
person claiming to have a loss under any insurance contract,
forms of proof of loss for completion by such person. But
such insurer shall not, by reason of the requirement so to
furnish forms, have any responsibility for or with reference
to the completion of such proof or the manner of any such
completion or attempted completion. If a person makes a
claim under a policy of insurance, the insurer may require
that the person be examined under an oath administered by
a person authorized by state or federal law to administer
oaths. [1995 c 285 § 17; 1949 c 190 § 26; 1947 c 79 §
.18.46; Rem. Supp. 1949 § 45.18.46.]
Effective date—1995 c 285: See RCW 48.30A.900.
48.18.470 Claims administration—Not waiver.
None of the following acts by or on behalf of an insurer
shall be deemed to constitute a waiver of any provision of a
policy or of any defense of the insurer thereunder:
(a) Acknowledgment of the receipt of notice of loss or
of claim under the policy.
(b) Furnishing forms for reporting a loss or claim, for
giving information relative thereto, or for making proof of
loss, or receiving or acknowledging receipt of any such
forms or proofs completed or uncompleted.
(c) Investigating any loss or claim under any policy or
engaging in negotiations looking toward a possible settlement
of any such loss or claim. [1947 c 79 § .18.47; Rem. Supp.
1947 § 45.18.47.]
48.18.480 Discrimination prohibited. No insurer
shall make or permit any unfair discrimination between
insureds or subjects of insurance having substantially like
insuring, risk, and exposure factors, and expense elements,
in the terms or conditions of any insurance contract, or in
the rate or amount of premium charged therefor, or in the
benefits payable or in any other rights or privileges accruing
thereunder. This provision shall not prohibit fair discrimination by a life insurer as between individuals having unequal
expectation of life. [1957 c 193 § 12; 1947 c 79 § .18.48;
Rem. Supp. 1947 § 45.18.480.]
[Title 48 RCW—page 98]
48.18.510 Validity of noncomplying forms. Any
insurance policy, rider, or endorsement hereafter issued and
otherwise valid, which contains any condition or provision
not in compliance with the requirements of this code, shall
not be rendered invalid thereby, but shall be construed and
applied in accordance with such conditions and provisions as
would have applied had such policy, rider, or endorsement
been in full compliance with this code. [1947 c 79 § .18.51;
Rem. Supp. 1947 § 45.18.51.]
48.18.520 Construction of policies. Every insurance
contract shall be construed according to the entirety of its
terms and conditions as set forth in the policy, and as
amplified, extended, or modified by any rider, endorsement,
or application attached to and made a part of the policy.
[1947 c 79 § .18.52; Rem. Supp. 1947 § 45.18.52.]
48.18.540 Cancellations, denials, refusals to renew—
Written notification. Every insurer upon canceling,
denying, or refusing to renew any disability policy, shall,
upon written request, directly notify in writing the applicant
or insured, as the case may be, of the reasons for the action
by the insurer and to any person covered under a group contract. Any benefits, terms, rates, or conditions of such a
contract that are restricted, excluded, modified, increased, or
reduced shall, upon written request, be set forth in writing
and supplied to the insured and to any person covered under
a group contract. The written communications required by
this section shall be phrased in simple language that is
readily understandable to a person of average intelligence,
education, and reading ability. [1993 c 492 § 281.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
48.18.545 Underwriting restrictions that apply to
personal insurance—Credit history or insurance score—
Rules. (1) For the purposes of this section:
(a) "Adverse action" has the same meaning as defined
in the fair credit reporting act, 15 U.S.C. Sec. 1681 et seq.
Adverse actions include, but are not limited to:
(i) Cancellation, denial, or nonrenewal of personal
insurance coverage;
(ii) Charging a higher insurance premium for personal
insurance than would have been offered if the credit history
or insurance score had been more favorable, whether the
charge is by:
(A) Application of a rating rule;
(B) Assignment to a rating tier that does not have the
lowest available rates; or
(C) Placement with an affiliate company that does not
offer the lowest rates available to the consumer within the
affiliate group of insurance companies; or
(iii) Any reduction, adverse, or unfavorable change in
the terms of coverage or amount of any personal insurance
due to a consumer’s credit history or insurance score. A
reduction, adverse, or unfavorable change in the terms of
coverage occurs when:
(2002 Ed.)
The Insurance Contract
(A) Coverage provided to the consumer is not as broad
in scope as coverage requested by the consumer but available to other insureds of the insurer or any affiliate; or
(B) The consumer is not eligible for benefits such as
dividends that are available through affiliate insurers.
(b) "Affiliate" has the same meaning as defined in RCW
48.31B.005(1).
(c) "Consumer" means an individual policyholder or
applicant for insurance.
(d) "Consumer report" has the same meaning as defined
in the fair credit reporting act, 15 U.S.C. Sec. 1681 et seq.
(e) "Credit history" means any written, oral, or other
communication of any information by a consumer reporting
agency bearing on a consumer’s creditworthiness, credit
standing, or credit capacity that is used or expected to be
used, or collected in whole or in part, for the purpose of
serving as a factor in determining personal insurance
premiums or eligibility for coverage.
(f) "Insurance score" means a number or rating that is
derived from an algorithm, computer application, model, or
other process that is based in whole or in part on credit
history.
(g) "Personal insurance" means:
(i) Private passenger automobile coverage;
(ii) Homeowner’s coverage, including mobile homeowners, manufactured homeowners, condominium owners, and
renter’s coverage;
(iii) Dwelling property coverage;
(iv) Earthquake coverage for a residence or personal
property;
(v) Personal liability and theft coverage;
(vi) Personal inland marine coverage; and
(vii) Mechanical breakdown coverage for personal auto
or home appliances.
(h) "Tier" means a category within a single insurer into
which insureds with substantially like insuring, risk or
exposure factors, and expense elements are placed for
purposes of determining rate or premium.
(2) An insurer that takes adverse action against a
consumer based in whole or in part on credit history or
insurance score shall provide written notice to the applicant
or named insured. The notice must state the significant
factors of the credit history or insurance score that resulted
in the adverse action. The insurer shall also inform the
consumer that the consumer is entitled to a free copy of their
consumer report under the fair credit reporting act.
(3) An insurer shall not cancel or nonrenew personal
insurance based in whole or in part on a consumer’s credit
history or insurance score. An offer of placement with an
affiliate insurer does not constitute cancellation or
nonrenewal under this section.
(4) An insurer may use credit history to deny personal
insurance only in combination with other substantive
underwriting factors. For the purposes of this subsection:
(a) "Deny" means an insurer refuses to offer insurance
coverage to a consumer;
(b) An offer of placement with an affiliate insurer does
not constitute denial of coverage; and
(c) An insurer may reject an application when coverage
is not bound or cancel an insurance contract within the first
sixty days after the effective date of the contract.
(2002 Ed.)
48.18.545
(5) Insurers shall not deny personal insurance coverage
based on:
(a) The absence of credit history or the inability to
determine the consumer’s credit history, if the insurer has
received accurate and complete information from the
consumer;
(b) The number of credit inquiries;
(c) Credit history or an insurance score based on
collection accounts identified with a medical industry code;
(d) The initial purchase or finance of a vehicle or house
that adds a new loan to the consumer’s existing credit
history, if evident from the consumer report; however, an
insurer may consider the bill payment history of any loan,
the total number of loans, or both;
(e) The consumer’s use of a particular type of credit
card, charge card, or debit card; or
(f) The consumer’s total available line of credit;
however, an insurer may consider the total amount of
outstanding debt in relation to the total available line of
credit.
(6)(a) If disputed credit history is used to determine
eligibility for coverage and a consumer is placed with an
affiliate that charges higher premiums or offers less favorable policy terms:
(i) The insurer shall reissue or rerate the policy retroactive to the effective date of the current policy term; and
(ii) The policy, as reissued or rerated, shall provide
premiums and policy terms the consumer would have been
eligible for if accurate credit history had been used to
determine eligibility.
(b) This subsection only applies if the consumer
resolves the dispute under the process set forth in the fair
credit reporting act and notifies the insurer in writing that the
dispute has been resolved.
(7) The commissioner may adopt rules to implement this
section.
(8) This section applies to all personal insurance policies
issued or renewed after January 1, 2003. [2002 c 360 § 1.]
Captions not law—2002 c 360: "Captions used in this act are not
any part of the law." [2002 c 360 § 3.]
48.18.550 Victims of domestic abuse—Prohibition
on certain cancellations, denials, refusals to renew, and
different rates—Domestic abuse defined. (1) No insurer
shall deny or refuse to accept an application for insurance,
refuse to insure, refuse to renew, cancel, restrict, or otherwise terminate a policy of insurance, or charge a different
rate for the same coverage, on the basis that the applicant or
insured person is, has been, or may be a victim of domestic
abuse.
(2) Nothing in this section shall prevent an insurer from
taking any of the actions set forth in subsection (1) of this
section on the basis of loss history or medical condition or
for any other reason not otherwise prohibited by this section,
any other law, regulation, or rule.
(3) Any form filed or filed after June 11, 1998, subject
to RCW 48.18.120(1) or subject to a rule adopted under
RCW 48.18.120(1) may exclude coverage for losses caused
by intentional or fraudulent acts of any insured. Such an
exclusion, however, shall not apply to deny an insured’s
otherwise-covered property loss if the property loss is caused
by an act of domestic abuse by another insured under the
[Title 48 RCW—page 99]
48.18.550
Title 48 RCW: Insurance
policy, the insured claiming property loss files a police
report and cooperates with any law enforcement investigation
relating to the act of domestic abuse, and the insured
claiming property loss did not cooperate in or contribute to
the creation of the property loss. Payment by the insurer to
an insured may be limited to the person’s insurable interest
in the property less payments made to a mortgagee or other
party with a legal secured interest in the property. An
insurer making payment to an insured under this section has
all rights of subrogation to recover against the perpetrator of
the act that caused the loss.
(4) Nothing in this section prohibits an insurer from
investigating a claim and complying with chapter 48.30A
RCW.
(5) As used in this section, "domestic abuse" means: (a)
Physical harm, bodily injury, assault, or the infliction of fear
of imminent physical harm, bodily injury, or assault between
family or household members; (b) sexual assault of one
family or household member by another; (c) stalking as
defined in RCW 9A.46.110 of one family or household
member by another family or household member; or (d)
intentionally, knowingly, or recklessly causing damage to
property so as to intimidate or attempt to control the behavior of another family or household member. [1998 c 301 §
1.]
48.18.560 Year 2000 failure—Reinstating insurance
policy under certain circumstances. (Expires December
31, 2006.) (1) An insurer shall reinstate back to the effective date of cancellation, with no penalties or interest, any
personal lines insurance policy, subject to this chapter, that
was canceled for nonpayment of premium, if the named
insured:
(a) Provides notice to the insurer, no later than ten days
after the effective date of cancellation, that the failure to pay
the premium due for the insurance policy is caused by a year
2000 failure associated with an electronic computing device
that is not under the named insured’s dominion or control;
(b) Establishes that a year 2000 failure occurred and that
if it were not for the year 2000 failure, the named insured
would have been able to pay the premium due in a timely
manner;
(c) Makes a premium payment to bring the insurance
policy current as soon as possible, but no later than ten days
after the year 2000 failure has been corrected or reasonably
should have been corrected.
(2) If the named insured fails to pay the premium due
within ten days after the year 2000 failure has been corrected
or reasonably should have been corrected, the insurer’s
previous notice of cancellation for nonpayment of premium
remains effective.
(3)(a) The definitions in RCW 4.22.080 apply to this
section unless the context clearly requires otherwise.
(b) As used in this section, unless the context clearly
requires otherwise, "named insurer" means a natural person
or a small business as defined in RCW 19.85.020.
(4) This section does not effect [affect] the cancellation
of any insurance policy that is unrelated to a year 2000
failure, or occurs before any disruption of financial or data
transfer operations attributable to the year 2000 failure.
[Title 48 RCW—page 100]
(5) This section does not apply to any claim or cause of
action filed after December 31, 2003.
(6) This section expires December 31, 2006. [1999 c
369 § 3.]
Effective date—1999 c 369: See note following RCW 4.22.080.
Chapter 48.18A
VARIABLE CONTRACT ACT
Sections
48.18A.010 Short title—Intent.
48.18A.020 Separate accounts authorized—Allocations—Benefits—
Limitations—Valuation—Sale, transfer, or exchange of
assets.
48.18A.030 Statements required in contracts—Payment on death, incidental benefit provision.
48.18A.035 Return of policy and refund of premium—Notice required—
Effect of return.
48.18A.040 Requirements for operation under this chapter—
Considerations—Authorization of subsidiary or affiliate—Exceptions.
48.18A.050 Applicability of other code provisions—Contract requirements.
48.18A.060 Licensing requirement.
48.18A.070 Authority of commissioner.
48.18A.900 Effective date—1969 c 104.
Reviser’s note: Powers, duties, and functions of the department of
licensing relating to securities were transferred to the department of financial
institutions by 1993 c 472, effective October 1, 1993. See RCW
43.320.011.
48.18A.010 Short title—Intent. This chapter shall be
known as the "Variable Contract Act" and is intended to
authorize the sale of both individual and group variable
contracts. [1969 c 104 § 1.]
48.18A.020 Separate accounts authorized—
Allocations—Benefits—Limitations—Valuation—Sale,
transfer, or exchange of assets. A domestic life insurer
may, by or pursuant to resolution of its board of directors,
establish one or more separate accounts, and may allocate
thereto amounts (including without limitation proceeds
applied under optional modes of settlement or under dividend options) to provide for life insurance or annuities (and
other benefits incidental thereto), payable in fixed or variable
amounts or both, subject to the following:
(1) The income, gains, and losses, realized or unrealized, from assets allocated to a separate account shall be
credited to or charged against the account, without regard to
other income, gains, or losses of the insurer.
(2)(a) Except as hereinafter provided, amounts allocated
to any separate account and accumulations thereon may be
invested and reinvested without regard to any requirements
or limitations prescribed by the laws of this state governing
the investments of life insurers: PROVIDED, That to the
extent that the insurer’s reserve liability with regard to (i)
benefits guaranteed as to dollar amount and duration, and (ii)
funds guaranteed as to principal amount or stated rate of
interest is maintained in any separate account, a portion of
the assets of such separate account at least equal to such
reserve liability shall be invested under such conditions as
the commissioner may prescribe. The investments in such
separate account or accounts shall not be taken into account
(2002 Ed.)
Variable Contract Act
in applying the investment limitations applicable to the investments of the insurer.
(b) With respect to seventy-five percent of the market
value of the total assets in a separate account no insurer shall
purchase or otherwise acquire the securities of any issuer,
other than securities issued or guaranteed as to principal or
interest by the United States, if immediately after such
purchase or acquisition the market value of such investment,
together with prior investments of such separate account in
such security taken at market value, would exceed ten
percent of the market value of the assets of such separate account: PROVIDED, That the commissioner may waive such
limitation if, in his opinion, such waiver will not render the
operation of such separate account hazardous to the public
or the policyholders in this state.
(c) Unless otherwise permitted by law or approved by
the commissioner, no insurer shall purchase or otherwise
acquire for its separate accounts the voting securities of any
issuer if as a result of such acquisition the insurer and its
separate accounts, in the aggregate, will own more than ten
percent of the total issued and outstanding voting securities
of such issuer: PROVIDED, That the foregoing shall not
apply with respect to securities held in separate accounts, the
voting rights in which are exercisable only in accordance
with instructions from persons having interests in such
accounts.
(d) The limitations provided in paragraphs (b) and (c) of
this subsection shall not apply to the investment with respect
to a separate account in the securities of an investment
company registered under the United States Investment
Company Act of 1940: PROVIDED, That the investments
of such investment company shall comply in substance
therewith.
(3) Unless otherwise approved by the commissioner,
assets allocated to a separate account shall be valued at their
market value on the date of valuation, or if there is no
readily available market, then as provided under the terms of
the contract or the rules or other written agreement applicable to such separate account: PROVIDED, That unless
otherwise approved by the commissioner, the portion, if any,
of the assets of such separate account equal to the insurer’s
reserve liability with regard to the guaranteed benefits and
funds referred to in subsection (2) of this section shall be
valued in accordance with the rules otherwise applicable to
the insurer’s assets.
(4) Amounts allocated to a separate account in the
exercise of the power granted by this chapter shall be owned
by the insurer and the insurer shall not be, nor hold itself out
to be, a trustee with respect to such amounts. If and to the
extent so provided under the applicable contracts, that
portion of the assets of any such separate account equal to
the reserves and other contract liabilities with respect to such
account shall not be chargeable with liabilities arising out of
any other business the insurer may conduct.
(5) No sale, exchange or other transfer of assets may be
made by an insurer between any of its separate accounts or
between any other investment account and one or more of its
separate accounts unless, in case of a transfer into a separate
account, such transfer is made solely to establish the account
or to support the operation of the contracts with respect to
the separate account to which the transfer is made, and
unless such transfer, whether into or from a separate account,
(2002 Ed.)
48.18A.020
is made (a) by a transfer of cash, or (b) by a transfer of
securities having a readily determinable market value:
PROVIDED, That such transfer of securities is approved by
the commissioner. The commissioner may approve other
transfers among such accounts, if, in his opinion, such
transfers would not be inequitable.
(6) To the extent such insurer deems it necessary to
comply with any applicable federal or state law, such
insurer, with respect to any separate account, including
without limitation any separate account which is a management investment company or a unit investment trust, may
provide for persons having interest therein, as may be
appropriate, voting and other rights and special procedures
for the conduct of the business of such account, including
without limitation, special rights and procedures relating to
investment policy, investment advisory services, selection of
independent public accountants, and the selection of a
committee, the members of which need not be otherwise
affiliated with such insurer, to manage the business of such
account. [1973 1st ex.s. c 163 § 4; 1969 c 104 § 2.]
48.18A.030 Statements required in contracts—
Payment on death, incidental benefit provision. (1) Every
variable contract providing benefits payable in variable
amounts delivered or issued for delivery in this state shall
contain a statement of the essential features of the procedures to be followed by the insurer in determining the dollar
amount of such variable benefits. Any such contract under
which the benefits vary to reflect investment experience,
including a group contract and any certificate in evidence of
variable benefits issued thereunder, shall state that such
dollar amount will so vary and shall contain on its first page
a statement to the effect that the benefits thereunder are on
a variable basis.
(2) Variable annuity contracts delivered or issued for
delivery in this state may include as an incidental benefit
provision for payment on death during the deferred period of
an amount not in excess of the greater of the sum of the
premiums or stipulated payments paid under the contract or
the value of the contract at time of death. For this purpose
such benefit shall not be deemed to be life insurance and
therefore not subject to any statutory provisions governing
life insurance contracts. A provision for any other benefits
on death during the deferred period will be subject to such
insurance law provisions. [1973 1st ex.s. c 163 § 5; 1969 c
104 § 3.]
48.18A.035 Return of policy and refund of premium—Notice required—Effect of return. Every individual
variable contract issued shall have printed on its face or
attached thereto a notice stating in substance that the policy
owner shall be permitted to return the policy within ten days
after it is received by the policy owner and to have the
market value of the assets purchased by its premium, less
taxes and investment brokerage commissions, if any,
refunded, if, after examination of the policy, the policy
owner is not satisfied with it for any reason. An additional
ten percent penalty shall be added to any premium refund
due which is not paid within thirty days of return of the
policy to the insurer or agent. If a policy owner pursuant to
such notice returns the policy to the insurer at its home or
[Title 48 RCW—page 101]
48.18A.035
Title 48 RCW: Insurance
branch office or to the agent through whom it was purchased, it shall be void from the beginning and the parties
shall be in the same position as if no policy had been issued.
[1983 1st ex.s. c 32 § 7; 1982 c 181 § 15.]
actuarial procedures that recognize the variable nature of the
benefits provided and any mortality guarantees. [1983 c 3
§ 150; 1979 c 157 § 2; 1973 1st ex.s. c 163 § 6; 1969 c 104
§ 5.]
Effective date—1982 c 181 § 15: "Section 15 of this act is necessary
for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect May 1, 1982." [1982 c 181 § 26.]
Severability—1982 c 181: See note following RCW 48.03.010.
*Reviser’s note: RCW 48.23.350 was repealed by 1982 1st ex.s. c
9 § 36(2); later enactment, see chapter 48.76 RCW.
48.18A.040 Requirements for operation under this
chapter—Considerations—Authorization of subsidiary or
affiliate—Exceptions. No insurer shall deliver or issue, for
delivery within this state, contracts under this chapter unless
it is licensed or organized to do a life insurance or annuity
business in this state, and unless the commissioner is
satisfied that its condition or method of operation in connection with the issuance of such contracts will not render its
operation hazardous to the public or its policyholders in this
state. In this connection, the commissioner shall consider
among other things:
(1) The history and financial condition of the insurer;
(2) The character, responsibility and fitness of the
officers and directors of the insurer; and
(3) The law and regulation under which the insurer is
authorized in the state of domicile to issue variable contracts.
An insurer which issues variable contracts and which is
a subsidiary of, or affiliated through common management
or ownership with, another life insurer authorized to do
business in this state may be deemed to have met the provisions of this section if either it or the parent or affiliated
company meets the requirements hereof: PROVIDED, That
no insurer may provide variable benefits in its contracts
unless it is an admitted insurer having and continually
maintaining a combined capital and surplus of at least five
million dollars. [1982 c 181 § 10; 1969 c 104 § 4.]
Severability—1982 c 181: See note following RCW 48.03.010.
48.18A.050 Applicability of other code provisions—
Contract requirements. The provisions of RCW 48.23.020,
48.23.030, 48.23.080 through 48.23.120, 48.23.140,
48.23.150, 48.23.200 through 48.23.240, 48.23.310,
*48.23.350, and 48.23.360, and the provisions of chapter
48.24 RCW shall be inapplicable to variable contracts; nor
shall any provision in the code requiring contracts to be
participating be deemed applicable to variable contracts.
Except as otherwise provided in this chapter, all pertinent
provisions of the insurance code shall apply to separate
accounts and contracts relating thereto. Any individual variable life insurance or individual variable annuity contract
delivered or issued for delivery in this state shall contain
grace, reinstatement, and nonforfeiture provisions appropriate
to such contracts, and any such variable life insurance
contract shall provide that the investment experience of the
separate account shall in no event operate to reduce the
death benefit below an amount equal to the face amount of
the contract at the time the contract was issued. Any
individual variable life insurance contract may contain a
provision for deduction from the death proceeds of amounts
of due and unpaid premiums or of indebtedness which are
appropriate to such contracts. The reserve liability for
variable annuities shall be established in accordance with
[Title 48 RCW—page 102]
48.18A.060 Licensing requirement. No person shall
be or act as an agent for the solicitation or sale of variable
contracts except while duly appointed and licensed under the
insurance code as a life insurance agent with respect to the
insurer, and while duly licensed as a security salesman or
securities broker under a license issued by the director of
financial institutions pursuant to the securities act of this
state; except that any person who participates only in the
sale or offering for sale of variable contracts which fund
corporate plans meeting the requirements for qualification
under sections 401 or 403 of the United States internal
revenue code need not be licensed pursuant to the securities
act of this state. [1994 c 92 § 502; 1973 1st ex.s. c 163 §
7; 1969 c 104 § 6.]
48.18A.070 Authority of commissioner. Notwithstanding any other provision of law, the commissioner shall
have sole and exclusive authority to regulate the issuance
and sale of variable contracts; except for the examination,
issuance or renewal, suspension or revocation, of a security
salesman’s license issued to persons selling variable contracts. To carry out the purposes and provisions of this
chapter he or she may independently, and in concert with the
director of financial institutions, issue such reasonable rules
and regulations as may be appropriate. [1994 c 92 § 503;
1969 c 104 § 7.]
48.18A.900 Effective date—1969 c 104. This 1969
act shall take effect July 1, 1969. [1969 c 104 § 10.]
Chapter 48.19
RATES
Sections
48.19.010
48.19.020
48.19.030
48.19.035
48.19.040
48.19.043
48.19.050
48.19.060
48.19.070
48.19.080
48.19.090
48.19.100
48.19.110
48.19.120
48.19.140
48.19.150
48.19.160
48.19.170
48.19.180
48.19.190
48.19.200
Scope of chapter.
Rate standard.
Making of rates—Criteria.
Making of rates—Personal insurance—Use of credit history
or insurance scores—Rules.
Filing required—Contents.
Forms of commercial property casualty policies—Legislative
intent—Issuance prior to filing—Disapproval by commissioner—Definition.
Filings by rating bureau.
Filings—Review, waiting period, disapproval.
Special filings.
Waiver of filing.
Excess rates on specific risks.
Disapproval of filing.
Disapproval of special filing.
Subsequent disapproval.
Rating organizations—Discrimination—"Subscriber" defined.
Subscribership not required.
Rating organization license.
Application for license.
Issuance of license.
Suspension or revocation of license.
Notice of changes.
(2002 Ed.)
Rates
48.19.210
48.19.220
48.19.230
48.19.240
48.19.250
48.19.260
48.19.270
48.19.280
48.19.290
48.19.300
48.19.310
48.19.320
48.19.330
48.19.340
48.19.350
48.19.360
48.19.370
48.19.380
48.19.390
48.19.400
48.19.410
48.19.420
48.19.430
48.19.450
48.19.460
Subscribers—Rights, limitations.
Review of rules and refusal to admit insurers.
Subscriber committees.
Rules cannot affect dividends.
Cooperative activities.
Technical services.
Records—Examinations.
Deviations.
Appeal from rating organization’s action.
Service to insureds.
Complaints of insureds.
Advisory organizations—Definition.
Requisites of advisory organization.
Desist orders.
Disqualification of data.
Joint underwriting or joint reinsurance.
Recording and reporting of loss and expense experience.
Exchange of information.
False or misleading information.
Assigned risks.
Examination of contracts.
Rate agreements.
Penalties.
Casualty rate filing—Credit.
Automobile insurance—Premium reductions for older
insureds completing accident prevention course.
48.19.470 Automobile insurance—Premium reductions for persons
eligible under RCW 48.19.460.
48.19.480 Automobile insurance—Completion of accident prevention
course, certificate.
48.19.490 Automobile insurance—Continued eligibility for discount.
48.19.500 Motor vehicle insurance—Seat belts, etc.
48.19.501 Motor vehicle insurance—Anti-theft devices—Lights—
Multiple vehicles.
Anti-compact law: RCW 48.30.020.
Discrimination prohibited: RCW 48.18.480.
Rate wars prohibited: RCW 48.30.240.
48.19.010 Scope of chapter. (1) Except as is otherwise expressly provided the provisions of this chapter apply
to all insurances upon subjects located, resident or to be
performed in this state except:
(a) Life insurance;
(b) disability insurance;
(c) reinsurance except as to joint reinsurance as provided in RCW 48.19.360;
(d) insurance against loss of or damage to aircraft, their
hulls, accessories, and equipment, or against liability, other
than workers’ compensation and employers’ liability, arising
out of the ownership, maintenance or use of aircraft;
(e) insurance of vessels or craft, their cargoes, marine
builders’ risks, marine protection and indemnity; and such
other risks commonly insured under marine, as distinguished
from inland marine, insurance contracts as may be defined
by ruling of the commissioner for the purposes of this
provision;
(f) title insurance.
(2) Except, that every insurer shall, as to disability
insurance, before using file with the commissioner its
manual of classification, manual of rules and rates, and any
modifications thereof. [1987 c 185 § 24; 1947 c 79 §
.19.01; Rem. Supp. 1947 § 45.19.01.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.19.020 Rate standard. Premium rates for insurance shall not be excessive, inadequate, or unfairly discrimi(2002 Ed.)
Chapter 48.19
natory. [1983 1st ex.s. c 32 § 13; 1947 c 79 § .19.02; Rem.
Supp. 1947 § 45.19.02.]
48.19.030 Making of rates—Criteria. Rates shall be
used, subject to the other provisions of this chapter, only if
made in accordance with the following provisions:
(1) In the case of insurances under standard fire policies
and that part of marine and transportation insurances not
exempted under RCW 48.19.010, manual, minimum, class or
classification rates, rating schedules or rating plans, shall be
made and adopted; except as to specific rates on inland
marine risks individually rated, which risks are not reasonably susceptible to manual or schedule rating, and which
risks by general custom of the business are not written
according to manual rates or rating plans.
(2) In the case of casualty and surety insurances:
(a) The systems of expense provisions included in the
rates for use by any insurer or group of insurers may differ
from those of other insurers or groups of insurers to reflect
the requirements of the operating methods of any such
insurer or group with respect to any kind of insurance, or
with respect to any subdivision or combination thereof for
which subdivision or combination separate expense provisions are applicable.
(b) Risks may be grouped by classifications for the
establishment of rates and minimum premiums. Classification rates may be modified to produce rates for individual
risks in accordance with rating plans which establish
standards for measuring variations in hazards or expense
provisions, or both. Such standards may measure any differences among risks that can be demonstrated to have a
probable effect upon losses or expenses.
(3) Due consideration in making rates for all insurances
shall be given to:
(a) Past and prospective loss experience within this state
for experience periods acceptable to the commissioner. If
the information is not available or is not statistically credible,
an insurer may use loss experience in those states which are
likely to produce loss experience similar to that in this state.
(b) Conflagration and catastrophe hazards, where
present.
(c) A reasonable margin for underwriting profit and
contingencies.
(d) Dividends, savings and unabsorbed premium
deposits allowed or returned by insurers to their policyholders, members, or subscribers.
(e) Past and prospective operating expenses.
(f) Past and prospective investment income.
(g) All other relevant factors within and outside this
state.
(4) In addition to other factors required by this section,
rates filed by an insurer on its own behalf may also be
related to the insurer’s plan of operation and plan of risk
classification.
(5) Except to the extent necessary to comply with RCW
48.19.020 uniformity among insurers in any matter within
the scope of this section is neither required nor prohibited.
[1989 c 25 § 3; 1947 c 79 § .19.03; Rem. Supp. 1947 §
45.19.03.]
Effective date—1989 c 25: See note following RCW 48.18.100.
[Title 48 RCW—page 103]
48.19.035
Title 48 RCW: Insurance
48.19.035 Making of rates—Personal insurance—
Use of credit history or insurance scores—Rules. (1) For
the purposes of this section:
(a) "Consumer" means an individual policyholder or
applicant for insurance.
(b) "Credit history" means any written, oral, or other
communication of any information by a consumer reporting
agency bearing on a consumer’s creditworthiness, credit
standing, or credit capacity that is used or expected to be
used, or collected in whole or in part, for the purpose of
serving as a factor in determining personal insurance
premiums or eligibility for coverage.
(c) "Insurance score" means a number or rating that is
derived from an algorithm, computer application, model, or
other process that is based in whole or in part on credit
history.
(d) "Personal insurance" means:
(i) Private passenger automobile coverage;
(ii) Homeowner’s coverage, including mobile homeowners, manufactured homeowners, condominium owners, and
renter’s coverage;
(iii) Dwelling property coverage;
(iv) Earthquake coverage for a residence or personal
property;
(v) Personal liability and theft coverage;
(vi) Personal inland marine coverage; and
(vii) Mechanical breakdown coverage for personal auto
or home appliances.
(2) Credit history shall not be used to determine
personal insurance rates, premiums, or eligibility for coverage unless the insurance scoring models are filed with the
commissioner. Insurance scoring models include all attributes and factors used in the calculation of an insurance
score. RCW 48.19.040(5) does not apply to any information
filed under this subsection, and the information shall be
withheld from public inspection and kept confidential by the
commissioner. All information filed under this subsection
shall be considered trade secrets under RCW 48.02.120(3).
Information filed under this subsection may be made public
by the commissioner for the sole purpose of enforcement
actions taken by the commissioner.
(3) Insurers shall not use the following types of credit
history to calculate a personal insurance score or determine
personal insurance premiums or rates:
(a) The absence of credit history or the inability to
determine the consumer’s credit history, unless the insurer
has filed actuarial data segmented by demographic factors in
a manner prescribed by the commissioner that demonstrates
compliance with RCW 48.19.020;
(b) The number of credit inquiries;
(c) Credit history or an insurance score based on
collection accounts identified with a medical industry code;
(d) The initial purchase or finance of a vehicle or house
that adds a new loan to the consumer’s existing credit
history, if evident from the consumer report; however, an
insurer may consider the bill payment history of any loan,
the total number of loans, or both;
(e) The consumer’s use of a particular type of credit
card, charge card, or debit card; or
(f) The consumer’s total available line of credit;
however, an insurer may consider the total amount of
[Title 48 RCW—page 104]
outstanding debt in relation to the total available line of
credit.
(4) If a consumer is charged higher premiums due to
disputed credit history, the insurer shall rerate the policy
retroactive to the effective date of the current policy term.
As rerated, the consumer shall be charged the same premiums they would have been charged if accurate credit history
was used to calculate an insurance score. This subsection
applies only if the consumer resolves the dispute under the
process set forth in the fair credit reporting act and notifies
the insurer in writing that the dispute has been resolved.
(5) The commissioner may adopt rules to implement this
section.
(6) This section applies to all personal insurance policies
issued or renewed on or after June 30, 2003. [2002 c 360 §
2.]
Captions not law—2002 c 360: See note following RCW 48.18.545.
48.19.040 Filing required—Contents. (1) Every
insurer or rating organization shall, before using, file with
the commissioner every classifications manual, manual of
rules and rates, rating plan, rating schedule, minimum rate,
class rate, and rating rule, and every modification of any of
the foregoing which it proposes. The insurer need not so
file any rate on individually rated risks as described in
subdivision (1) of RCW 48.19.030; except that any such
specific rate made by a rating organization shall be filed.
(2) Every such filing shall indicate the type and extent
of the coverage contemplated and must be accompanied by
sufficient information to permit the commissioner to determine whether it meets the requirements of this chapter. An
insurer or rating organization shall offer in support of any
filing:
(a) The experience or judgment of the insurer or rating
organization making the filing;
(b) An exhibit detailing the major elements of operating
expense for the types of insurance affected by the filing;
(c) An explanation of how investment income has been
taken into account in the proposed rates; and
(d) Any other information which the insurer or rating
organization deems relevant.
(3) If an insurer has insufficient loss experience to
support its proposed rates, it may submit loss experience for
similar exposures of other insurers or of a rating organization.
(4) Every such filing shall state its proposed effective
date.
(5) A filing made pursuant to this chapter shall be
exempt from the provisions of RCW 48.02.120(3). However, the filing and all supporting information accompanying it
shall be open to public inspection only after the filing
becomes effective.
(6) Where a filing is required no insurer shall make or
issue an insurance contract or policy except in accordance
with its filing then in effect, except as is provided by RCW
48.19.090. [1994 c 131 § 8; 1989 c 25 § 4; 1983 1st ex.s.
c 32 § 14; 1947 c 79 § .19.04; Rem. Supp. 1947 §
45.19.04.]
Effective date—1989 c 25: See note following RCW 48.18.100.
(2002 Ed.)
Rates
48.19.043 Forms of commercial property casualty
policies—Legislative intent—Issuance prior to filing—
Disapproval by commissioner—Definition. (1) It is the
intent of the legislature to assist the purchasers of commercial property casualty insurance by allowing policies to be
issued more expeditiously and provide a more competitive
market for rates.
(2) Notwithstanding the provisions of RCW
48.19.040(1), commercial property casualty policies may be
issued prior to filing the rates. All commercial property
casualty rates shall be filed with the commissioner within
thirty days after an insurer issues any policy using them.
(3) If, within thirty days after a commercial property
casualty rate has been filed, the commissioner finds that the
rate does not meet the requirements of this chapter, the
commissioner shall disapprove the filing and give notice to
the insurer or rating organization that made the filing,
specifying how the filing fails to meet the requirements and
stating when, within a reasonable period thereafter, the filing
shall be deemed no longer effective. The commissioner may
extend the time for review another fifteen days by giving
notice to the insurer prior to the expiration of the original
thirty-day period.
(4) Upon a final determination of a disapproval of a rate
filing under subsection (3) of this section, the insurer shall
issue an endorsement changing the rate to comply with the
commissioner’s disapproval from the date the rate is no
longer effective.
(5) For purposes of this section,"commercial property
casualty" means insurance pertaining to a business, profession, or occupation for the lines of property and casualty
insurance defined in RCW 48.11.040, 48.11.050, 48.11.060,
or 48.11.070.
(6) Except as provided in subsection (4) of this section,
the disapproval shall not affect any contract made or issued
prior to the expiration of the period set forth in the notice of
disapproval.
(7) In the event a hearing is held on the actions of the
commissioner under subsection (3) of this section, the
burden of proof shall be on the commissioner. [1997 c 428
§ 2.]
48.19.050 Filings by rating bureau. (1) If so
authorized by an insurer, the commissioner shall accept, in
lieu of filings by the insurer, filings on its behalf made by a
rating organization then licensed as provided in this chapter.
(2) As to fire insurance under a standard form fire
policy, and the following insurances (other than vehicle
insurance coverages) when issued as part of a standard form
fire policy, an insurer may so authorize a rating organization
to make all [of] its filings only, and may not make a portion
of such filings upon its own behalf and authorize a rating
organization to make other such filings:
(a) Additional property insurance coverages; or
(b) Coverages including any kind of insurance in
addition to fire for a single undivided premium.
(3) Except, that notwithstanding the provisions of
subsection (2) an insurer which prior to the first day of
January, 1947, made its own filings in this state as to a
particular class of fire risks, and its filings in this state as to
(2002 Ed.)
48.19.043
other classes of fire risks were made by a rating organization
authorized by the insurer so to do, may:
(a) Continue to make all [of] its own filings as to such
specific class of risks or authorize a rating organization to
make its filings as to such specific class of risks or any part
thereof; and
(b) Authorize a different rating organization to make all
only of its filings [all of its filings only] as to all other
classes of risks insured by it in this state against fire under
the standard form fire policy; or
(c) Make all [of] its own filings as to all classes of risks
insured by it against fire under the standard form fire policy,
or make all [of] its own such filings except as to any which
may relate to any such specific class of risks, which filings
so excepted the insurer may authorize a rating organization
to make; or
(d) Authorize a rating organization to make all only of
its filings [all of its filings only] as to all classes or risks
insured by it against fire in this state under the standard form
fire policy. [1957 c 193 § 13; 1947 c 79 § .19.05; Rem.
Supp. 1947 § 45.19.05.]
48.19.060 Filings—Review, waiting period, disapproval. (1) The commissioner shall review a filing as soon
as reasonably possible after made, to determine whether it
meets the requirements of this chapter.
(2) Except as provided in RCW 48.19.070 and
48.19.043:
(a) No such filing shall become effective within thirty
days after the date of filing with the commissioner, which
period may be extended by the commissioner for an additional period not to exceed fifteen days if he or she gives
notice within such waiting period to the insurer or rating
organization which made the filing that he or she needs such
additional time for the consideration of the filing. The
commissioner may, upon application and for cause shown,
waive such waiting period or part thereof as to a filing that
he or she has not disapproved.
(b) A filing shall be deemed to meet the requirements
of this chapter unless disapproved by the commissioner
within the waiting period or any extension thereof. [1997 c
428 § 4; 1989 c 25 § 5; 1947 c 79 § .19.06; Rem. Supp.
1947 § 45.19.06.]
Effective date—1989 c 25: See note following RCW 48.18.100.
48.19.070 Special filings. The following special
filings, when not covered by a previous filing, shall become
effective when filed and shall be deemed to meet the
requirements of this chapter until such time as the commissioner reviews the filing and for so long thereafter as the
filing remains in effect:
(1) Special filings with respect to surety or guaranty
bonds required by law or by court or executive order or by
order, rule or regulation of a public body.
(2) Specific rates on inland marine risks individually
rated by a rating organization, which risks are not reasonably
susceptible to manual or schedule rating, and which risks by
general custom of the business are not written according to
manual rates or rating plans. [1947 c 79 § .19.07; Rem.
Supp. 1947 § 45.19.07.]
[Title 48 RCW—page 105]
48.19.080
Title 48 RCW: Insurance
48.19.080 Waiver of filing. Under such rules and
regulations as he shall adopt the commissioner may, by
order, suspend or modify the requirement of filing as to any
kind of insurance. Such orders, rules and regulations shall
be made known to insurers and rating organizations affected
thereby. The commissioner may make such examination as
he may deem advisable to ascertain whether any rates affected by such order meet the standard prescribed in RCW
48.19.020. [1981 c 339 § 18; 1947 c 79 § .19.08; Rem.
Supp. 1947 § 45.19.08.]
48.19.090 Excess rates on specific risks. Upon
written application of the insured, stating his reasons
therefor, filed with and approved by the commissioner, a rate
in excess of that provided by a filing otherwise applicable
may be used on any specific risk. [1947 c 79 § .19.09;
Rem. Supp. 1947 § 45.19.09.]
48.19.100 Disapproval of filing. If within the waiting
period or any extension thereof as provided in RCW
48.19.060, the commissioner finds that a filing does not meet
the requirements of this chapter, he shall disapprove such
filing, and shall give notice of such disapproval, specifying
the respect in which he finds the filing fails to meet such
requirements, and stating that the filing shall not become
effective, to the insurer or rating organization which made
the filing. [1989 c 25 § 6; 1947 c 79 § .19.10; Rem. Supp.
1947 § 45.19.10.]
Effective date—1989 c 25: See note following RCW 48.18.100.
48.19.110 Disapproval of special filing. (1) If within
thirty days after a special filing subject to RCW 48.19.070
has become effective, the commissioner finds that the filing
does not meet the requirements of this chapter, he shall
disapprove the filing and shall give notice to the insurer or
rating organization which made the filing, specifying in what
respects he finds that the filing fails to meet such requirements and stating when, within a reasonable period thereafter, the filing shall be deemed no longer effective.
(2) Such disapproval shall not affect any contract made
or issued prior to the expiration of the period set forth in the
notice of disapproval. [1947 c 79 § .19.11; Rem. Supp.
1947 § 45.19.11.]
48.19.120 Subsequent disapproval. (1) If at any time
subsequent to the applicable review period provided in RCW
48.19.060 or 48.19.110, the commissioner finds that a filing
does not meet the requirements of this chapter, he shall, after
a hearing, notice of which was given to every insurer and
rating organization which made such filing, issue his order
specifying in what respect he finds that such filing fails to
meet the requirements of this chapter, and stating when,
within a reasonable period thereafter, the filings shall be
deemed no longer effective.
(2) Such order shall not affect any contract or policy
made or issued prior to the expiration of the period set forth
in the order.
(3) Any person aggrieved with respect to any filing then
in effect, other than the insurer or rating organization which
made the filing, may make written application to the commissioner for a hearing thereon. The application shall
[Title 48 RCW—page 106]
specify the grounds to be relied upon by the applicant. If
the commissioner finds that the application is made in good
faith, that the applicant would be so aggrieved if his grounds
are established, and that such grounds otherwise justify
holding the hearing, he shall, within thirty days after receipt
of the application, hold a hearing as required in subsection
(1) of this section. [1989 c 25 § 7; 1983 1st ex.s. c 32 § 15;
1947 c 79 § .19.12; Rem. Supp. 1947 § 45.19.12.]
Effective date—1989 c 25: See note following RCW 48.18.100.
48.19.140 Rating organizations—Discrimination—
"Subscriber" defined. (1) Every rating organization
operating in this state shall furnish its services without
discrimination as between its subscribers.
(2) "Subscriber," for the purposes of this chapter and
where the context does not otherwise specify, means any
insurer which employs the services of a rating organization
for the purpose of making filings, whether or not the insurer
is a "member" of such rating organization.
(3) This chapter is not intended to and does not govern
or affect the "membership" relation as such between a rating
organization and insurers who are its "members." [1947 c
79 § .19.14; Rem. Supp. 1947 § 45.19.14.]
48.19.150 Subscribership not required. No provision of this code shall require, or be deemed to require, any
insurer to be a subscriber of, or in any other respect affiliated with, any rating organization. [1947 c 79 § .19.15; Rem.
Supp. 1947 § 45.19.15.]
48.19.160 Rating organization license. No rating
organization shall do business in this state or make filings
with the commissioner unless then licensed by the commissioner as a rating organization. [1947 c 79 § .19.16; Rem.
Supp. 1947 § 45.19.16.]
48.19.170 Application for license. (1) Any person,
whether domiciled within or outside this state, except as
provided in subsection (2) of this section, may make
application to the commissioner for a license as a rating
organization for such kinds of insurance or subdivisions
thereof, if for casualty or surety insurances, or for such
subdivision, class of risks or a part or combination thereof,
if for other insurances, as are specified in its application, and
shall file therewith:
(a) A copy of its constitution, its articles of agreement
or association, or its certificate of incorporation, or trust
agreement, and of its bylaws, rules and regulations governing
the conduct of its business;
(b) A list of its members and a list of its subscribers;
(c) The name and address of a resident of this state
upon whom notices or orders of the commissioner or process
affecting such rating organization may be served, and
(d) A statement of its qualifications as a rating organization.
(2) Any rating organization proposing to act as such as
to insurance under standard form fire policies, shall be
licensed only if all the following conditions are complied
with:
(2002 Ed.)
Rates
(a) The applicant and the operators of such rating
organization shall be domiciled in and shall actually reside
in this state.
(b) The ownership of such rating organization shall be
vested in trustees for all its subscribers under such trust
agreement as is approved by the commissioner, and the
rating organization shall be and shall be conducted as a nonprofit public service institution.
(c) Such rating organization shall not be connected with
any insurer or insurers except to the extent that any such
insurer may be a subscriber to its services. [1947 c 79 §
.19.17; Rem. Supp. 1947 § 45.19.17.]
48.19.180 Issuance of license. (1) If the commissioner finds that the applicant for a license as a rating organization is competent, trustworthy and otherwise qualified so to
act, and that its constitution, articles of agreement or
association or certificate of incorporation or trust agreement,
and its bylaws, rules and regulations governing the conduct
of its business conform to the requirements of law, he shall,
upon payment of a license fee of twenty-five dollars, issue
a license specifying the kinds of insurance, or subdivisions
or class of risk or part or combination thereof for which the
applicant is authorized to act as a rating organization.
(2) The commissioner shall grant or deny in whole or in
part every such application within sixty days of the date of
its filing with him.
(3) A license issued pursuant to this section shall remain
in effect for three years unless sooner suspended or revoked
by the commissioner. [1947 c 79 § .19.18; Rem. Supp. 1947
§ 45.19.18.]
48.19.190 Suspension or revocation of license. (1)
The commissioner may, after a hearing, suspend or revoke
the license issued to a rating organization for any of the
following causes:
(a) If he finds that the licensee no longer meets the
qualifications for the license.
(b) For failure to comply with an order of the commissioner within the time limited by the order, or any extension
thereof which the commissioner may grant.
(2) The commissioner shall not so suspend or revoke a
license for failure to comply with an order until the time
prescribed by this code for an appeal from such order to the
superior court has expired or if such appeal has been taken,
until such order has been affirmed.
(3) The commissioner may determine when a suspension
or revocation of license shall become effective. A suspension of license shall remain in effect for the period fixed by
him, unless he modifies or rescinds the suspension, or until
the order, failure to comply with which constituted grounds
for the suspension, is modified, rescinded or reversed. [1947
c 79 § .19.19; Rem. Supp. 1947 § 45.19.19.]
48.19.200 Notice of changes. Every rating organization shall notify the commissioner promptly of every change
in
(1) its constitution, its articles of agreement or association, or its certificate of incorporation, or trust agreement,
and its bylaws, rules and regulations governing the conduct
of its business;
(2002 Ed.)
48.19.170
(2) its list of members and subscribers;
(3) the name and address of the resident of this state
designated by it upon whom notices or orders of the commissioner or process affecting such rating organization may
be served. [1947 c 79 § .19.20; Rem. Supp. 1947 §
45.19.20.]
48.19.210 Subscribers—Rights, limitations. (1)
Subject to rules and regulations which have been approved
by the commissioner as reasonable, each rating organization
shall permit any insurer to subscribe to its rating services for
any kind of insurance or subdivision thereof, for which it is
authorized to act as a rating organization, subject to subsection (2) of RCW 48.19.050.
(2) Notice of proposed changes in such rules and
regulations shall be given to each subscriber.
(3) An insurer shall not concurrently be a subscriber to
the services of more than one rating organization as to the
same subdivision, class of risk or part or combination of a
kind of insurance.
(4) As to fire insurance under standard form fire
policies, an insurer may not concurrently be a subscriber to
the services of more than one rating organization except as
provided in subsection (2) of RCW 48.19.050. [1947 c 79
§ .19.21; Rem. Supp. 1947 § 45.19.21.]
48.19.220 Review of rules and refusal to admit
insurers. (1) The reasonableness of any rule or regulation
in its application to subscribers, or the refusal of any rating
organization to admit an insurer as a subscriber, shall, at the
request of any subscriber or any such insurer, be reviewed
by the commissioner at a hearing held upon notice to the
rating organization, and to the subscriber or insurer.
(2) If the commissioner finds that such rule or regulation is unreasonable in its application to subscribers, he shall
order that such rule or regulation shall not be applicable to
subscribers who are not members of the rating organization.
(3) If a rating organization fails to grant or reject an
insurer’s application for subscribership within thirty days
after it was made, the insurer may request a review by the
commissioner as if the application had been rejected. If the
commissioner finds that the insurer has been refused admittance to the rating organization as a subscriber without
justification, he shall order the rating organization to admit
the insurer as a subscriber. If he finds that the action of the
rating organization was justified, he shall make an order
affirming its action. [1947 c 79 § .19.22; Rem. Supp. 1947
§ 45.19.22.]
48.19.230 Subscriber committees. The subscribers
of any rating organization may, from time to time, individually or through committees representing various subscribers,
consult with the rating organization with respect to matters
within this chapter which affect such subscribers. [1947 c
79 § .19.23; Rem. Supp. 1947 § 45.19.23.]
48.19.240 Rules cannot affect dividends. No rating
organization shall adopt any rule the effect of which would
be to prohibit or regulate the payment of dividends, savings
or unabsorbed premium deposits allowed or returned by
[Title 48 RCW—page 107]
48.19.240
Title 48 RCW: Insurance
insurers to their policyholders, members or subscribers.
[1947 c 79 § .19.24; Rem. Supp. 1947 § 45.19.24.]
48.19.250 Cooperative activities. (1) Cooperation
among rating organizations or among rating organizations
and insurers in rate making or in other matters within the
scope of this chapter is hereby authorized, if the filings
resulting from such cooperation are subject to all the
provisions of this chapter which are applicable to filings
generally.
(2) The commissioner may review such cooperative
activities and practices and if, after a hearing, he finds that
any such activity or practice is unfair or unreasonable or
otherwise inconsistent with the provisions of this code, he
may issue a written order specifying in what respect such
activity or practice is so unfair, unreasonable, or inconsistent,
and requiring the discontinuance of such activity or practice.
[1947 c 79 § .19.25; Rem. Supp. 1947 § 45.19.25.]
48.19.260 Technical services. Any rating organization may subscribe for or purchase actuarial, technical or
other services, and such services shall be available to all
subscribers without discrimination. [1947 c 79 § .19.26;
Rem. Supp. 1947 § 45.19.26.]
48.19.270 Records—Examinations. Each rating
organization shall keep an accurate and complete record of
all work performed by it, and of all its receipts and disbursements. Such rating organization and its records shall be
examined by the commissioner at such times and in such
manner as is provided in chapter 48.03 RCW of this code.
[1947 c 79 § .19.27; Rem. Supp. 1947 § 45.19.27.]
48.19.280 Deviations. (1) Every member or subscriber to a rating organization shall adhere to the filings made on
its behalf by such organization. Deviations from the
organization’s filings are permitted only when filed with the
commissioner in accordance with this chapter.
(2) Every such deviation shall terminate upon a material
change of the basic rate from which the deviation is made.
The commissioner shall determine whether a change of the
basic rate is so material as to require such termination of
deviations. [1989 c 25 § 8; 1957 c 193 § 14; 1947 c 79 §
.19.28; Rem. Supp. 1947 § 45.19.28.]
Effective date—1989 c 25: See note following RCW 48.18.100.
48.19.290 Appeal from rating organization’s action.
(1) Any subscriber to a rating organization may appeal to the
commissioner from the rating organization’s action or
decision in approving or rejecting any proposed change in or
addition to the rating organization’s filings. The commissioner shall, after a hearing on the appeal:
(a) Issue an order approving the rating organization’s
action or decision or directing it to give further consideration
to such proposal; or
(b) If the appeal is from the rating organization’s action
or decision in rejecting a proposed addition to its filings, he
may, in event he finds that the action or decision was
unreasonable, issue an order directing the rating organization
to make an addition to its filings, on behalf of its subscrib[Title 48 RCW—page 108]
ers, in a manner consistent with his findings, within a
reasonable time after the issuance of such order.
(2) If such appeal is based upon the rating
organization’s failure to make a filing on behalf of such
subscriber which is based on a system of expense provisions
which differs, in accordance with the right granted in
subdivision (2) of RCW 48.19.030, from the system of
expense provisions included in a filing made by the rating
organization, the commissioner shall, if he grants the appeal,
order the rating organization to make the requested filing for
use by the appellant. In deciding the appeal the commissioner shall apply the standards set forth in RCW 48.19.020 and
48.19.030. [1947 c 79 § .19.29; Rem. Supp. 1947 §
45.19.29.]
48.19.300 Service to insureds. Every rating organization and every insurer which makes its own rates shall,
within a reasonable time after receiving written request
therefor and upon payment of such reasonable charge as it
may make, furnish to any insured affected by a rate made by
it, or to the authorized representative of such insured, all
pertinent information as to such rate. [1947 c 79 § .19.30;
Rem. Supp. 1947 § 45.19.30.]
48.19.310 Complaints of insureds. Every rating
organization and every insurer which makes its own rates
shall provide within this state reasonable means whereby any
person aggrieved by the application of its rating system may
be heard, in person or by his authorized representative, on
his written request to review the manner in which such
rating system has been applied in connection with the
insurance afforded him. If the rating organization or insurer
fails to grant or reject such request within thirty days after
it is made, the applicant may proceed in the same manner as
if his application had been rejected. Any party affected by
the action of such rating organization or such insurer on such
request may, within thirty days after written notice of such
action, appeal to the commissioner, who, after a hearing held
upon notice to the appellant and to the rating organization or
insurer, may affirm or reverse such action. [1947 c 79 §
.19.31; Rem. Supp. 1947 § 45.19.31.]
48.19.320 Advisory organizations—Definition. (1)
Every group, association or other organization of insurers,
whether located within or outside this state, which assists
insurers which make their own filings or rating organizations
in rate making, by the collection and furnishing of loss or
expense statistics, or by the submission of recommendations,
but which does not make filings under this chapter, shall be
known as an advisory organization.
(2) This section does not apply to subscribers’ committees provided for in RCW 48.19.230. [1947 c 79 § .19.32;
Rem. Supp. 1947 § 45.19.32.]
48.19.330 Requisites of advisory organization.
Every advisory organization before serving as such to any
rating organization or independently filing insurer doing
business in this state, shall file with the commissioner:
(1) A copy of its constitution, its articles of agreement
or association or its certificate of incorporation and of its
bylaws, rules and regulations governing its activities;
(2002 Ed.)
Rates
(2) A list of its members;
(3) The name and address of a resident of this state
upon whom notices or orders of the commissioner or process
issued at his direction may be served; and
(4) An agreement that the commissioner may examine
such advisory organization in accordance with the provisions
of RCW 48.03.010. [1947 c 79 § .19.33; Rem. Supp. 1947
§ 45.19.33.]
48.19.340 Desist orders. If, after a hearing, the
commissioner finds that the furnishing of information or
assistance by an advisory organization, as referred to in
RCW 48.19.320, involves any act or practice which is unfair
or unreasonable or otherwise inconsistent with the provisions
of this code, he may issue a written order specifying in what
respect such act or practice is unfair or unreasonable or so
otherwise inconsistent, and requiring the discontinuance of
such act or practice. [1947 c 79 § .19.34; Rem. Supp. 1947
§ 45.19.34.]
48.19.350 Disqualification of data. No insurer which
makes its own filing nor any rating organization shall
support its filings by statistics or adopt rate making recommendations, furnished to it by an advisory organization
which has not complied with this chapter or with any order
of the commissioner involving such statistics or recommendations issued under RCW 48.19.340. If the commissioner finds such insurer or rating organization to be in
violation of this section he may issue an order requiring the
discontinuance of the violation. [1947 c 79 § .19.35; Rem.
Supp. 1947 § 45.19.35.]
48.19.360 Joint underwriting or joint reinsurance.
(1) Every group, association or other organization of insurers
which engages in joint underwriting or joint reinsurance,
shall be subject to regulation with respect thereto as is
provided in this section, subject, however, with respect to
joint underwriting, to all other provisions of this chapter,
and, with respect to joint reinsurance, to RCW 48.19.270,
48.01.080 and 48.19.430; and to chapter 48.03 RCW of this
code.
(2) If, after a hearing, the commissioner finds that any
activity or practice of any such group, association or other
organization is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter, he may issue a
written order specifying in what respects such activity or
practice is unfair, or unreasonable or so inconsistent, and
requiring the discontinuance of the activity or practice.
[1947 c 79 § .19.36; Rem. Supp. 1947 § 45.19.36.]
48.19.370 Recording and reporting of loss and
expense experience. (1) The commissioner shall promulgate
reasonable rules and statistical plans, reasonably adapted to
each of the rating systems on file with him, which may be
modified from time to time and which shall be used thereafter by each insurer in the recording and reporting of its loss
and countrywide expense experience, in order that the
experience of all insurers may be made available at least
annually in such form and detail as may be necessary to aid
him in determining whether rating systems comply with the
standards set forth in RCW 48.19.020 and 48.19.030. Such
(2002 Ed.)
48.19.330
rules and plans may also provide for the recording and
reporting of expense experience items which are specially
applicable to this state and are not susceptible of determination by a prorating of countrywide expense experience.
(2) In promulgating such rules and plans, the commissioner shall give due consideration to the rating systems on
file with him and, in order that such rules and plans may be
as uniform as is practicable among the several states, to the
rules and to the form of the plans used for such rating
systems in other states.
(3) No insurer shall be required to record or report its
loss experience on a classification basis that is inconsistent
with the rating system filed by it.
(4) The commissioner may designate one or more rating
organizations or other agencies to assist him in gathering
such experience and making compilations thereof, and such
compilations shall be made available, subject to reasonable
rules promulgated by the commissioner, to insurers and
rating organizations.
(5) Reasonable rules and plans may be promulgated by
the commissioner for the interchange of data necessary for
the application of rating plans. [1947 c 79 § .19.37; Rem.
Supp. 1947 § 45.19.37.]
48.19.380 Exchange of information. Every rating
organization and insurer may exchange information and
experience data with insurers and rating organizations in this
and other states and may consult with them with respect to
rate making and the application of rating systems. [1947 c
79 § .19.38; Rem. Supp. 1947 § 45.19.38.]
48.19.390 False or misleading information. No
person shall wilfully withhold information from, or knowingly give false or misleading information to, the commissioner,
any statistical agency designated by the commissioner, any
rating organization, or any insurer, which will affect the rates
or premiums chargeable under this chapter. [1947 c 79 §
.19.39; Rem. Supp. 1947 § 45.19.39.]
48.19.400 Assigned risks. Agreements may be made
among casualty insurers with respect to the equitable
apportionment among them of insurance which may be
afforded applicants who are in good faith entitled to but who
are unable to procure such insurance through ordinary
methods and such insurers may agree among themselves on
the use of reasonable rate modifications for such insurance,
such agreements and rate modifications to be subject to the
approval of the commissioner. [1947 c 79 § .19.40; Rem.
Supp. 1947 § 45.19.40.]
48.19.410 Examination of contracts. (1) The
commissioner may permit the organization and operation of
examining bureaus for the examination of policies, daily
reports, binders, renewal certificates, endorsements, and other
evidences of insurance or of the cancellation thereof, for the
purpose of ascertaining that lawful rates are being charged.
(2) A bureau shall examine documents with regard to
such kinds of insurance as the commissioner may, after
hearing, reasonably require to be submitted for examination.
A bureau may examine documents as to such other kinds of
insurance as the issuing insurers may voluntarily submit for
[Title 48 RCW—page 109]
48.19.410
Title 48 RCW: Insurance
examination. Upon request of the commissioner, a bureau
shall also examine affidavits filed pursuant to RCW
48.15.040, surplus lines contracts and related documents, and
shall make recommendations to the commissioner to assist
the commissioner in determining whether surplus lines have
been procured in accordance with chapter 48.15 RCW and
rules issued thereunder.
(3) No bureau shall operate unless licensed by the
commissioner as to the kinds of insurance as to which it is
permitted so to examine. To qualify for a license a bureau
shall:
(a) Be owned in trust for the benefit of all the insurers
regularly using its services, under a trust agreement approved
by the commissioner.
(b) Make its services available without discrimination to
all authorized insurers applying therefor, subject to such
reasonable rules and regulations as to the obligations of
insurers using its services, as to the conduct of its affairs,
and as to the correction of errors and omissions in documents examined by it as are approved by the commissioner.
(c) Have no manager or other employee who is an
employee of an insurer other than to the extent that he is an
employee of the bureau owned by insurers through such trust
agreement.
(d) Pay to the commissioner a fee of ten dollars for
issuance of its license.
(4) Such license shall be of indefinite duration and shall
remain in force until revoked by the commissioner or
terminated at the request of the bureau. The commissioner
may revoke the license, after hearing,
(a) if the bureau is no longer qualified therefor;
(b) if the bureau fails to comply with a proper order of
the commissioner;
(c) if the bureau violates or knowingly participates in
the violation of any provision of this code.
(5) Any person aggrieved by any rule, regulation, act or
omission of a bureau may appeal to the commissioner
therefrom. The commissioner shall hold a hearing upon
such appeal, and shall make such order upon the hearing as
he deems to be proper.
(6) Every such bureau operating in this state shall be
subject to the supervision of the commissioner, and the
commissioner shall examine it as provided in chapter 48.03
RCW of this code.
(7) Every examining bureau shall keep adequate records
of the outstanding errors and omissions found in coverages
examined by it and of its receipts and disbursements, and
shall hold as confidential all information contained in
documents submitted to it for examination.
(8) The commissioner shall not license an additional
bureau for the examination of documents relative to a kind
of insurance if such documents are being examined by a then
existing licensed bureau. Any examining bureau operating
in this state immediately prior to the effective date of this
code under any law of this state repealed as of such date,
shall have prior right to apply for and secure a license under
this section. [1983 1st ex.s. c 32 § 8; 1947 c 79 § .19.41;
Rem. Supp. 1947 § 45.19.41.]
48.19.420 Rate agreements. Two or more insurers
mutually may agree to adhere to rates, rating plans, rating
[Title 48 RCW—page 110]
systems or underwriting practices or uniform modifications
thereof, all subject to the following conditions:
(1) All of the terms of the agreements shall be in
writing executed on behalf of each such insurer.
(2) An executed copy of every such written agreement
and of every modification thereof shall be filed with the
commissioner.
(3) Within a reasonable length of time after every such
filing, the commissioner shall either approve or disapprove
such agreement or modification. No such agreement or
modification shall be effective unless and until approved by
the commissioner.
(4) The commissioner shall not approve any such
agreement or modification which:
(a) Constitutes or would tend to result in an unreasonable restraint upon free competition;
(b) contains terms otherwise tending to injure the public
interest.
(5) No cause of action shall lie in favor of any insurer
which is party to any such agreement against any other
insurer party thereto on account of any breach thereof.
(6) All rate filings covered by such agreement shall be
subject to the provisions of this chapter or of other applicable law.
(7) The commissioner may after a hearing thereon and
for cause withdraw any approval previously given any such
agreement or modification. [1947 c 79 § .19.42; Rem. Supp.
1947 § 45.19.42.]
48.19.430 Penalties. Any person violating any
provision of this chapter shall be subject to a penalty of not
more than fifty dollars for each such violation, but if such
violation is found to be wilful a penalty of not more than
five hundred dollars for each such violation may be imposed.
Such penalties may be in addition to any other penalty
provided by law. [1947 c 79 § .19.43; Rem. Supp. 1947 §
45.19.43.]
48.19.450 Casualty rate filing—Credit. The commissioner shall, in reviewing a casualty rate filing, determine
in accordance with sound and reliable actuarial principles
whether chapter 305, Laws of 1986 requires an insurer to
grant its policyholders a credit in such casualty rate filing.
Upon determining that data in support of such a credit is
actuarially credible, the commissioner shall approve or
disapprove such casualty rate filing in accordance therewith.
The commissioner shall not approve any casualty rate that is
inadequate, excessive, or unfairly discriminatory. [1986 c
305 § 907.]
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
48.19.460 Automobile insurance—Premium reductions for older insureds completing accident prevention
course. Any schedule of rates or rating plan for automobile
liability and physical damage insurance submitted to or filed
with the commissioner shall provide for an appropriate
reduction in premium charges except for underinsured
motorist coverage for those insureds who are fifty-five years
of age and older, for a two-year period after successfully
completing a motor vehicle accident prevention course
(2002 Ed.)
Rates
48.19.460
meeting the criteria of the department of licensing with a
minimum of eight hours, or additional hours as determined
by rule of the department of licensing. An eight-hour
program-learning self-instruction course shall be made
available in areas in which a classroom course meeting the
criteria of this section is not offered. The classroom course
may be conducted by a public or private agency approved by
the department. The self-instruction course shall be conducted by an agency approved by the department to conduct
classroom courses under this section. [1987 c 377 § 1; 1986
c 235 § 1.]
changes shall be included in each filing pertaining to private
passenger automobile (or motor vehicle) insurance.
(3) Any anticipated change in losses per vehicle covered
that may be attributable to the fact that the insured has more
vehicles covered under the policy than there are insured
drivers in the same household. An exhibit detailing these
changes and any credits or discounts resulting from any such
changes shall be included in each filing pertaining to private
passenger automobile (or motor vehicle) insurance. [1989 c
11 § 21; 1987 c 320 § 1.]
48.19.470 Automobile insurance—Premium reductions for persons eligible under RCW 48.19.460. All
insurance companies writing automobile liability and
physical damage insurance in this state shall allow an
appropriate reduction in premium charges except for underinsured motorist coverage to all eligible persons subject to
RCW 48.19.460. [1986 c 235 § 2.]
Chapter 48.20
DISABILITY INSURANCE
48.19.480 Automobile insurance—Completion of
accident prevention course, certificate. Upon successfully
completing the approved course, each participant shall be
issued by the course’s sponsoring agency, a certificate that
shall be the basis of qualification for the discount on insurance. [1986 c 235 § 3.]
48.19.490 Automobile insurance—Continued
eligibility for discount. Each participant shall take an
approved course every two years to continue to be eligible
for the discount on insurance. [1986 c 235 § 4.]
48.19.500 Motor vehicle insurance—Seat belts, etc.
Due consideration in making rates for motor vehicle insurance shall be given to any anticipated change in losses that
may be attributable to the use of seat belts, child restraints,
and other lifesaving devices. An exhibit detailing these
changes and any credits or discounts resulting from any such
changes shall be included in each filing pertaining to private
passenger automobile (or motor vehicle) insurance. [1989 c
11 § 20; 1987 c 310 § 1.]
Severability—1989 c 11: See note following RCW 9A.56.220.
Severability—1989 c 11: See note following RCW 9A.56.220.
Effective date—1987 c 320: "This act shall take effect on January
1, 1988." [1987 c 320 § 2.]
Sections
48.20.002
48.20.012
48.20.013
48.20.015
48.20.022
48.20.025
48.20.028
48.20.032
48.20.042
48.20.050
48.20.052
48.20.062
48.20.072
48.20.082
48.20.092
48.20.102
48.20.112
48.20.122
48.20.132
48.20.142
48.20.152
48.20.162
48.20.172
48.20.192
48.20.202
48.19.501 Motor vehicle insurance—Anti-theft
devices—Lights—Multiple vehicles. Due consideration in
making rates for motor vehicle insurance shall be given to:
(1) Any anticipated change in losses that may be
attributable to the use of properly installed and maintained
anti-theft devices in the insured private passenger automobile. An exhibit detailing these losses and any credits or
discounts resulting from any such changes shall be included
in each filing pertaining to private passenger automobile (or
motor vehicle) insurance.
(2) Any anticipated change in losses that may be
attributable to the use of lights and lighting devices that have
been proven effective in increasing the visibility of motor
vehicles during daytime or in poor visibility conditions and
to the use of rear stop lights that have been proven effective
in reducing rear-end collisions. An exhibit detailing these
losses and any credits or discounts resulting from any such
(2002 Ed.)
48.20.212
48.20.222
48.20.232
48.20.242
48.20.252
48.20.262
48.20.272
48.20.282
48.20.292
48.20.302
48.20.312
48.20.322
48.20.340
48.20.350
48.20.360
48.20.380
Scope of chapter.
Format of disability policies.
Return of policy and refund of premium—Notice required—
Effect of return.
Endorsements.
Policies issued by domestic insurer for delivery in another
state.
Schedule of rates for individual health benefit plans—Loss
ratio—Remittance of premiums—Definitions.
Calculation of premiums—Adjusted community rating method—Definitions.
Standard provisions required—Substitutions—Captions.
Standard provision No. 1—Entire contract; changes.
Standard provision No. 2—Misstatement of age or sex.
Standard provision No. 3—Time limit on certain defenses.
Standard provision No. 4—Grace period.
Standard provision No. 5—Reinstatement.
Standard provision No. 6—Notice of claim.
Standard provision No. 7—Claim forms.
Standard provision No. 8—Proofs of loss.
Standard provision No. 9—Time of payment of claims.
Standard provision No. 10—Payment of claims.
Standard provision No. 11—Physical examination and autopsy.
Standard provision No. 12—Legal actions.
Standard provision No. 13—Change of beneficiary.
Optional standard provisions.
Optional standard provision No. 14—Change of occupation.
Optional standard provision No. 15—Other insurance in this
insurer.
Optional standard provision No. 16—Insurance with other
insurers (Provision of service or expense incurred basis).
Optional standard provision No. 17—Insurance with other
insurers.
Optional standard provision No. 18—Relation of earnings to
insurance.
Optional standard provision No. 19—Unpaid premium.
Optional standard provision No. 20—Cancellation.
Optional standard provision No. 21—Conformity with state
statutes.
Optional standard provision No. 22—Illegal occupation.
Optional standard provision No. 23—Intoxicants and narcotics.
Order of certain policy provisions.
Third party ownership.
Requirements of other jurisdictions.
Age limit.
Effective date of standard provision and certain other sections—Five year period.
"Family expense disability insurance" defined.
"Franchise plan" defined.
Extended disability benefit.
Incontestability after reinstatement.
[Title 48 RCW—page 111]
Chapter 48.20
Title 48 RCW: Insurance
48.20.390
48.20.391
48.20.393
48.20.395
48.20.397
48.20.410
48.20.411
48.20.412
48.20.414
48.20.416
48.20.418
48.20.420
48.20.430
Chiropody.
Diabetes coverage.
Mammograms—Insurance coverage.
Reconstructive breast surgery.
Mastectomy, lumpectomy.
Optometry.
Registered nurses or advanced registered nurses.
Chiropractic.
Psychological services.
Dentistry.
Denturist services.
Dependent child coverage—Continuation for incapacity.
Dependent child coverage—From moment of birth—
Congenital anomalies—Notification of birth.
48.20.450 Standardization and simplification of terms and coverages—
Disclosure requirements.
48.20.460 Standardization and simplification—Minimum standards for
benefits and coverages.
48.20.470 Standardization and simplification—Outline of coverage—
Format and contents.
48.20.480 Standardization and simplification—Simplified application
form—Coverage of loss from preexisting health condition.
48.20.490 Continuation of coverage by former spouse and dependents.
48.20.500 Coverage for adopted children.
48.20.510 Cancellation of rider.
48.20.520 Phenylketonuria.
48.20.525 Prescriptions—Preapproval of individual claims—
Subsequent rejection prohibited—Written record required.
48.20.530 Nonresident pharmacies.
Approval of policy forms: RCW 48.18.100.
Assignment of policies: RCW 48.18.360.
Exemption of proceeds: RCW 48.18.400.
General provisions regarding filing, approval, contents of policies, execution, applications, etc.: Chapter 48.18 RCW.
Grounds for disapproval of policy forms: RCW 48.18.110.
Insurable interest, personal insurance, nonprofit organizations: RCW
48.18.030.
Minimum standard conditions and terminology for disability policies,
established by commissioner: RCW 48.18.120(2).
Minor contracting for life or disability insurance: RCW 48.18.020.
Payment to person designated in policy or by assignment discharges
insurer: RCW 48.18.370.
Rates, manuals, classifications—Filing: RCW 48.19.010(2).
Refusal to renew or cancellation of disability insurance: RCW 48.18.298,
48.18.299.
48.20.002 Scope of chapter. Nothing in this chapter
shall apply to or affect (1) any policy of workers’ compensation insurance or any policy of liability insurance with or
without supplementary expense coverage therein; or (2) any
policy or contract of reinsurance; or (3) any blanket or group
policy of insurance; or (4) life insurance, endowment or
annuity contracts, or contracts supplemental thereto which
contain only such provisions relating to accident and
sickness insurance as (a) provide additional benefits in case
of death or dismemberment or loss of sight by accident, or
as (b) operate to safeguard such contracts against lapse, or
to give a special surrender value or special benefit or an
annuity in the event that the insured or annuitant shall
become totally and permanently disabled, as defined by the
contract or supplemental contract. [1987 c 185 § 25; 1951
c 229 § 1.]
Reviser’s note: For prior laws governing standard provision
requirements for individual accident or health insurance policies see 1947
c 79 §§ .20.01 through .20.33 and .20.37 and Rem. Supp. 1947 §§ 45.20.01
through 45.20.33 and 45.20.37.
[Title 48 RCW—page 112]
Many of the sections enacted in 1951 c 229 are in substance
amendatory of sections previously appearing in chapter 48.20 RCW,
although they appear in 1951 c 229 as new sections. To assist those using
the code, the prior enactment on the same subject is shown in the history
note following the new section wherever practical.
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.20.012 Format of disability policies. No disability
policy shall be delivered or issued for delivery to any person
in this state unless it otherwise complies with this code, and
complies with the following:
(1) It shall purport to insure only one person, except as
to family expense insurance written pursuant to RCW
48.20.340.
(2) The style, arrangement and over-all appearance of
the policy shall give no undue prominence to any portion of
the text, and every printed portion of the text of the policy
and of any endorsements or attached papers shall be plainly
printed in light-faced type of a style in general use, the size
of which shall be uniform and not less than ten-point with a
lower-case unspaced alphabet length not less than one
hundred and twenty-point (the "text" shall include all printed
matter except the name and address of the insurer, name or
title of the policy, the brief description if any, and caption
and subcaptions).
(3) The exceptions and reductions of indemnity shall be
set forth in the policy and, other than those contained in
RCW 48.20.042 to 48.20.272, inclusive, shall be printed, at
the insurer’s option, either included with the benefit provision to which they apply, or under an appropriate caption
such as "Exceptions," or "Exceptions and reductions," except
that if an exception or reduction specifically applies only to
a particular benefit of the policy, a statement of such
exception or reduction shall be included with the benefit
provision to which it applies.
(4) Each such form, including riders and endorsements,
shall be identified by a form number in the lower left hand
corner of the first page thereof.
(5) It shall contain no provision purporting to make any
portion of the insurer’s charter, rules, constitution, or bylaws
a part of the policy unless such portion is set forth in full in
the policy, except in the case of the incorporation of, or
reference to, a statement of rates or classification of risks, or
short-rate table filed with the commissioner. [1951 c 229 §
2; 1947 c 79 § .20.02; formerly Rem. Supp. 1949 §
45.20.02.]
48.20.013 Return of policy and refund of premium—Notice required—Effect of return. Every individual
disability insurance policy issued after January 1, 1968,
except single premium nonrenewable policies, shall have
printed on its face or attached thereto a notice stating in
substance that the person to whom the policy is issued shall
be permitted to return the policy within ten days of its
delivery to the purchaser and to have the premium paid
refunded if, after examination of the policy, the purchaser is
not satisfied with it for any reason. An additional ten
percent penalty shall be added to any premium refund due
which is not paid within thirty days of return of the policy
to the insurer or agent. If a policy holder or purchaser
pursuant to such notice, returns the policy to the insurer at
(2002 Ed.)
Disability Insurance
its home or branch office or to the agent through whom it
was purchased, it shall be void from the beginning and the
parties shall be in the same position as if no policy had been
issued. [1983 1st ex.s. c 32 § 9; 1967 c 150 § 26.]
48.20.015 Endorsements. If a contract is issued on
any basis other than as applied for, an endorsement setting
forth such modification(s) must accompany and be attached
to the policy; and no endorsement shall be effective unless
signed by the policyowner, and a signed copy thereof
returned to the insurer. [1975 1st ex.s. c 266 § 9.]
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.20.022 Policies issued by domestic insurer for
delivery in another state. If any policy is issued by a
domestic insurer for delivery to a person residing in another
state, and if the insurance commissioner or corresponding
public official of such other state has advised the commissioner that any such policy is not subject to approval or
disapproval by such official, the commissioner may by ruling
require that such policy meet the applicable standards set
forth in this chapter and in chapter 48.18 RCW. [1951 c
229 § 3.]
48.20.025 Schedule of rates for individual health
benefit plans—Loss ratio—Remittance of premiums—
Definitions. (1) The definitions in this subsection apply
throughout this section unless the context clearly requires
otherwise.
(a) "Claims" means the cost to the insurer of health care
services, as defined in RCW 48.43.005, provided to a
policyholder or paid to or on behalf of the policyholder in
accordance with the terms of a health benefit plan, as
defined in RCW 48.43.005. This includes capitation
payments or other similar payments made to providers for
the purpose of paying for health care services for a policyholder.
(b) "Claims reserves" means: (i) The liability for claims
which have been reported but not paid; (ii) the liability for
claims which have not been reported but which may reasonably be expected; (iii) active life reserves; and (iv) additional
claims reserves whether for a specific liability purpose or
not.
(c) "Earned premiums" means premiums, as defined in
RCW 48.43.005, plus any rate credits or recoupments less
any refunds, for the applicable period, whether received
before, during, or after the applicable period.
(d) "Incurred claims expense" means claims paid during
the applicable period plus any increase, or less any decrease,
in the claims reserves.
(e) "Loss ratio" means incurred claims expense as a
percentage of earned premiums.
(f) "Reserves" means: (i) Active life reserves; and (ii)
additional reserves whether for a specific liability purpose or
not.
(2) An insurer shall file, for informational purposes
only, a notice of its schedule of rates for its individual health
benefit plans with the commissioner prior to use.
(3) An insurer shall file with the notice required under
subsection (2) of this section supporting documentation of its
(2002 Ed.)
48.20.013
method of determining the rates charged. The commissioner
may request only the following supporting documentation:
(a) A description of the insurer’s rate-making methodology;
(b) An actuarially determined estimate of incurred
claims which includes the experience data, assumptions, and
justifications of the insurer’s projection;
(c) The percentage of premium attributable in aggregate
for nonclaims expenses used to determine the adjusted
community rates charged; and
(d) A certification by a member of the American
academy of actuaries, or other person approved by the
commissioner, that the adjusted community rate charged can
be reasonably expected to result in a loss ratio that meets or
exceeds the loss ratio standard established in subsection (7)
of this section.
(4) The commissioner may not disapprove or otherwise
impede the implementation of the filed rates.
(5) By the last day of May each year any insurer issuing
or renewing individual health benefit plans in this state
during the preceding calendar year shall file for review by
the commissioner supporting documentation of its actual loss
ratio for its individual health benefit plans offered or
renewed in the state in aggregate for the preceding calendar
year. The filing shall include aggregate earned premiums,
aggregate incurred claims, and a certification by a member
of the American academy of actuaries, or other person
approved by the commissioner, that the actual loss ratio has
been calculated in accordance with accepted actuarial
principles.
(a) At the expiration of a thirty-day period beginning
with the date the filing is received by the commissioner, the
filing shall be deemed approved unless prior thereto the
commissioner contests the calculation of the actual loss ratio.
(b) If the commissioner contests the calculation of the
actual loss ratio, the commissioner shall state in writing the
grounds for contesting the calculation to the insurer.
(c) Any dispute regarding the calculation of the actual
loss ratio shall, upon written demand of either the commissioner or the insurer, be submitted to hearing under chapters
48.04 and 34.05 RCW.
(6) If the actual loss ratio for the preceding calendar
year is less than the loss ratio established in subsection (7)
of this section, a remittance is due and the following shall
apply:
(a) The insurer shall calculate a percentage of premium
to be remitted to the Washington state health insurance pool
by subtracting the actual loss ratio for the preceding year
from the loss ratio established in subsection (7) of this
section.
(b) The remittance to the Washington state health
insurance pool is the percentage calculated in (a) of this
subsection, multiplied by the premium earned from each
enrollee in the previous calendar year. Interest shall be
added to the remittance due at a five percent annual rate
calculated from the end of the calendar year for which the
remittance is due to the date the remittance is made.
(c) All remittances shall be aggregated and such
amounts shall be remitted to the Washington state high risk
pool to be used as directed by the pool board of directors.
(d) Any remittance required to be issued under this
section shall be issued within thirty days after the actual loss
[Title 48 RCW—page 113]
48.20.025
Title 48 RCW: Insurance
ratio is deemed approved under subsection (5)(a) of this
section or the determination by an administrative law judge
under subsection (5)(c) of this section.
(7) The loss ratio applicable to this section shall be
seventy-four percent minus the premium tax rate applicable
to the insurer’s individual health benefit plans under RCW
48.14.0201. [2001 c 196 § 1; 2000 c 79 § 3.]
Effective date—2001 c 196: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 7, 2001]." [2001 c 196 § 14.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.20.028 Calculation of premiums—Adjusted
community rating method—Definitions. (1) Premiums for
health benefit plans for individuals shall be calculated using
the adjusted community rating method that spreads financial
risk across the carrier’s entire individual product population.
All such rates shall conform to the following:
(a) The insurer shall develop its rates based on an
adjusted community rate and may only vary the adjusted
community rate for:
(i) Geographic area;
(ii) Family size;
(iii) Age;
(iv) Tenure discounts; and
(v) Wellness activities.
(b) The adjustment for age in (a)(iii) of this subsection
may not use age brackets smaller than five-year increments
which shall begin with age twenty and end with age sixtyfive. Individuals under the age of twenty shall be treated as
those age twenty.
(c) The insurer shall be permitted to develop separate
rates for individuals age sixty-five or older for coverage for
which medicare is the primary payer and coverage for which
medicare is not the primary payer. Both rates shall be
subject to the requirements of this subsection.
(d) The permitted rates for any age group shall be no
more than four hundred twenty-five percent of the lowest
rate for all age groups on January 1, 1996, four hundred
percent on January 1, 1997, and three hundred seventy-five
percent on January 1, 2000, and thereafter.
(e) A discount for wellness activities shall be permitted
to reflect actuarially justified differences in utilization or cost
attributed to such programs not to exceed twenty percent.
(f) The rate charged for a health benefit plan offered
under this section may not be adjusted more frequently than
annually except that the premium may be changed to reflect:
(i) Changes to the family composition;
(ii) Changes to the health benefit plan requested by the
individual; or
(iii) Changes in government requirements affecting the
health benefit plan.
(g) For the purposes of this section, a health benefit plan
that contains a restricted network provision shall not be
considered similar coverage to a health benefit plan that does
not contain such a provision, provided that the restrictions of
benefits to network providers result in substantial differences
in claims costs. This subsection does not restrict or enhance
the portability of benefits as provided in RCW 48.43.015.
[Title 48 RCW—page 114]
(h) A tenure discount for continuous enrollment in the
health plan of two years or more may be offered, not to
exceed ten percent.
(2) Adjusted community rates established under this
section shall pool the medical experience of all individuals
purchasing coverage, and shall not be required to be pooled
with the medical experience of health benefit plans offered
to small employers under RCW 48.21.045.
(3) As used in this section, "health benefit plan,"
"adjusted community rate," and "wellness activities" mean
the same as defined in RCW 48.43.005. [2000 c 79 § 4;
1997 c 231 § 207; 1995 c 265 § 13.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
48.20.032 Standard provisions required—
Substitutions—Captions. Except as provided in RCW
48.18.130, each such policy delivered or issued for delivery
to any person in this state shall contain the provisions as
specified in RCW 48.20.042 to 48.20.152, inclusive, in the
words in which the same appear; except, that the insurer
may, at its option, substitute for one or more of such provisions corresponding provisions of different wording approved
by the commissioner which are in each instance not less
favorable in any respect to the insured or the beneficiary.
Each such provision shall be preceded by the applicable caption shown or, at the insurer’s option, by such appropriate
individual or group caption or subcaption as the commissioner may approve. [1951 c 229 § 4; 1947 c 79 § .20.03;
formerly Rem. Supp. 1947 § 45.20.03.]
48.20.042 Standard provision No. 1—Entire contract; changes. There shall be a provision as follows:
ENTIRE CONTRACTS; CHANGES: This policy,
including the endorsements and attached papers, if any,
constitutes the entire contract of insurance. No change in
this policy shall be valid until approved by an executive
officer of the insurer and unless such approval be endorsed
hereon or attached hereto. No agent has authority to change
this policy or to waive any of its provisions. [1951 c 229 §
5. Prior law: (i) 1947 c 79 § .20.05; Rem. Supp. 1947 §
45.20.05. (ii) 1947 c 79 § .20.06; Rem. Supp. 1947 §
45.20.06.]
48.20.050 Standard provision No. 2—Misstatement
of age or sex. There shall be a provision as follows:
"MISSTATEMENT OF AGE OR SEX: If the age or
sex of the insured has been misstated, all amounts payable
under this policy shall be such as the premium paid would
have purchased at the correct age or sex."
The amount of any underpayments which may have
been made on account of any such misstatement under a
disability income policy shall be paid the insured along with
the current payment and the amount of any overpayment
may be charged against the current or succeeding payments
to be made by the insurer. Interest may be applied to such
underpayments or overpayments as specified in the insurance
(2002 Ed.)
Disability Insurance
policy form but not exceeding six percent per annum. [1983
1st ex.s. c 32 § 16.]
48.20.052 Standard provision No. 3—Time limit on
certain defenses. There shall be a provision as follows:
"TIME LIMIT ON CERTAIN DEFENSES: (a) After
two years from the date of issue of this policy no misstatements except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void
the policy or to deny a claim for loss incurred or disability
(as defined in the policy) commencing after the expiration of
such two year period."
(The foregoing policy provision shall not be so construed as to affect any legal requirement for avoidance of a
policy or denial of a claim during such initial two year
period, nor to limit the application of RCW 48.20.050,
48.20.172, 48.20.192, 48.20.202, and 48.20.212 in the event
of misstatement with respect to age or occupation or other
insurance.)
(A policy which the insured has the right to continue in
force subject to its terms by the timely payment of premium
(1) until at least age 50 or, (2) in the case of a policy issued
after age 44, for at least five years from its date of issue,
may contain in lieu of the foregoing the following provision
(from which the clause in parentheses may be omitted at the
insurer’s option) under the caption "INCONTESTABLE":
"After this policy has been in force for a period of two
years during the lifetime of the insured (excluding any
period during which the insured is disabled), it shall become
incontestable as to the statements contained in the application.")
"(b) No claim for loss incurred or disability (as defined
in the policy) commencing after two years from the date of
issue of this policy shall be reduced or denied on the ground
that a disease or physical condition not excluded from
coverage by name or specific description effective on the
date of loss had existed prior to the effective date of coverage of this policy."
(More stringent provisions may be required by the
commissioner in connection with individual disability
policies sold without any application or with minimal
applications.) [1983 1st ex.s. c 32 § 17; 1975 1st ex.s. c 266
§ 12; 1973 1st ex.s. c 152 § 4; 1969 ex.s. c 241 § 12; 1951
c 229 § 6.]
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
Severability—1973 1st ex.s. c 152: See note following RCW
48.05.140.
48.20.062 Standard provision No. 4—Grace period.
There shall be a provision as follows:
GRACE PERIOD: A grace period of . . . . (insert a
number not less than "7" for weekly premium policies, "10"
for monthly premium policies, and "31" for all other policies) days will be granted for the payment of each premium
falling due after the first premium, during which grace
period the policy shall continue in force.
(A policy which contains a cancellation provision may
add, at the end of the above provision: "subject to the right
of the insurer to cancel in accordance with the cancellation
provision hereof."
(2002 Ed.)
48.20.050
A policy in which the insurer reserves the right to refuse
any renewal shall have, at the beginning of the above
provision: "Unless not less than five days prior to the
premium due date the insurer has delivered to the insured or
has mailed to his last address as shown by the records of the
insurer written notice of its intention not to renew this policy
beyond the period for which the premium has been accepted.") [1951 c 229 § 7.]
48.20.072 Standard provision No. 5—Reinstatement.
There shall be a provision as follows:
REINSTATEMENT: If any renewal premium be not
paid within the time granted the insured for payment, a
subsequent acceptance of premium by the insurer or by any
agent duly authorized by the insurer to accept such premium,
without requiring in connection therewith an application for
reinstatement, shall reinstate the policy: PROVIDED,
HOWEVER, That if the insurer or such agent requires an
application for reinstatement and issues a conditional receipt
for the premium tendered, the policy will be reinstated upon
approval of such application by the insurer or, lacking such
approval, upon the forty-fifth day following the date of such
conditional receipt unless the insurer has previously notified
the insured in writing of its disapproval of such application.
The reinstated policy shall cover only loss resulting from
such accidental injury as may be sustained after the date of
reinstatement and loss due to such sickness as may begin
more than ten days after such date. In all other respects the
insured and insurer shall have the same rights thereunder as
they had under the policy immediately before the due date
of the defaulted premium, subject to any provisions endorsed
hereon or attached hereto in connection with the reinstatement. Any premium accepted in connection with a reinstatement shall be applied to a period for which premium has
not been previously paid, but not to any period more than
sixty days prior to the date of reinstatement.
(The last sentence of the above provision may be
omitted from any policy which the insured has the right to
continue in force subject to its terms by the timely payment
of premiums (1) until at least age 50 or, (2) in the case of a
policy issued after age 44, for at least five years from its
date of issue.) [1951 c 229 § 8; 1947 c 79 § .20.07;
formerly Rem. Supp. 1947 § 45.20.07.]
48.20.082 Standard provision No. 6—Notice of
claim. There shall be a provision as follows:
NOTICE OF CLAIM: Written notice of claim must be
given to the insurer within twenty days after the occurrence
or commencement of any loss covered by the policy, or as
soon thereafter as is reasonably possible. Notice given by or
on behalf of the insured or the beneficiary to the insurer at
. . . . . . . . . (insert the location of such office as the insurer
may designate for the purpose), or to any authorized agent
of the insurer, with information sufficient to identify the
insured, shall be deemed notice to the insurer.
(In a policy providing a loss-of-time benefit which may
be payable for at least two years, an insurer may at its
option insert the following between the first and second
sentences of the above provision:
"Subject to the qualifications set forth below, if the
insured suffers loss of time on account of disability for
[Title 48 RCW—page 115]
48.20.082
Title 48 RCW: Insurance
which indemnity may be payable for at least two years, he
shall at least once in every six months after having given
notice of claim, give to the insurer notice of continuance of
said disability, except in the event of legal incapacity. The
period of six months following any filing of proof by the
insured or any payment by the insurer on account of such
claim or any denial of liability in whole or in part by the
insurer shall be excluded in applying this provision. Delay
in the giving of such notice shall not impair the insured’s
right to any indemnity which would otherwise have accrued
during the period of six months preceding the date on which
such notice is actually given.") [1951 c 229 § 9. Prior law:
1947 c 79 § .20.08; Rem. Supp. 1947 § 45.20.08.]
48.20.092 Standard provision No. 7—Claim forms.
There shall be a provision as follows:
CLAIM FORMS: The insurer, upon receipt of a notice
of claim, will furnish to the claimant such forms as are
usually furnished by it for filing proofs of loss. If such
forms are not furnished within fifteen days after the giving
of such notice the claimant shall be deemed to have complied with the requirements of this policy as to proof of loss
upon submitting, within the time fixed in the policy for filing
proofs of loss written proof covering the occurrence, the
character and the extent of the loss for which claim is made.
[1951 c 229 § 10; 1947 c 79 § .20.10; formerly Rem. Supp.
1947 § 45.20.10.]
Furnishing claim forms does not constitute waiver of any defense by
insurer: RCW 48.18.470.
Insurer has no responsibility as to completion of claim forms: RCW
48.18.460.
48.20.102 Standard provision No. 8—Proofs of loss.
There shall be a provision as follows:
PROOFS OF LOSS: Written proof of loss must be
furnished to the insurer at its said office in case of claim for
loss for which this policy provides any periodic payment
contingent upon continuing loss within ninety days after the
termination of the period for which the insurer is liable and
in case of claim for any other loss within ninety days after
the date of such loss. Failure to furnish such proof within
the time required shall not invalidate nor reduce any claim
if it was not reasonably possible to give proof within such
time, provided such proof is furnished as soon as reasonably
possible and in no event, except in the absence of legal
capacity, later than one year from the time proof is otherwise
required. [1951 c 229 § 11. Prior: (i) 1947 c 79 § .20.11;
Rem. Supp. 1947 § 45.20.11. (ii) 1947 c 79 § .20.09, part;
Rem. Supp. 1947 § 45.20.09, part.]
48.20.112 Standard provision No. 9—Time of
payment of claims. There shall be a provision as follows:
TIME OF PAYMENT OF CLAIMS: Indemnities
payable under this policy for any loss other than loss for
which this policy provides any periodic payment will be paid
immediately upon receipt of due written proof of such loss.
Subject to due written proof of loss, all accrued indemnities
for loss for which this policy provides periodic payment will
be paid . . . . . . (insert period for payment which must not
be less frequently than monthly) and any balance remaining
unpaid upon the termination of liability will be paid immedi[Title 48 RCW—page 116]
ately upon receipt of due written proof. [1951 c 229 § 12.
Prior: (i) 1947 c 79 § .20.13; Rem. Supp. 1947 § 45.20.13.
(ii) 1947 c 79 § .20.14; Rem. Supp. 1947 § 45.20.14.]
48.20.122 Standard provision No. 10—Payment of
claims. (1) There shall be a provision as follows:
PAYMENT OF CLAIMS: Indemnity for loss of life
will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may
be prescribed herein and effective at the time of payment.
If no such designation or provision is then effective, such
indemnity shall be payable to the estate of the insured. Any
other accrued indemnities unpaid at the insured’s death may,
at the option of the insurer, be paid either to such beneficiary or to such estate. All other indemnities will be payable
to the insured.
(2) The following provisions, or either of them, may be
included with the foregoing provision at the option of the
insurer:
"If any indemnity of this policy shall be payable to the
estate of the insured, or to an insured or beneficiary who is
a minor or otherwise not competent to give a valid release,
the insurer may pay such indemnity, up to an amount not
exceeding $. . . . . . (insert an amount which shall not exceed
$1000), to any relative by blood or connection by marriage
of the insured or beneficiary who is deemed by the insurer
to be equitably entitled thereto. Any payment made by the
insurer in good faith pursuant to this provision shall fully
discharge the insurer to the extent of such payment."
"Subject to any written direction of the insured in the
application or otherwise all or a portion of any indemnities
provided by this policy on account of hospital, nursing,
medical, or surgical services may, at the insurer’s option and
unless the insured requests otherwise in writing not later than
the time of filing proofs of such loss, be paid directly to the
hospital or person rendering such services; but it is not
required that the service be rendered by a particular hospital
or person." [1951 c 229 § 13. Prior: 1947 c 79 § .20.15;
Rem. Supp. 1947 § 45.20.15.]
Proceeds of disability policy are exempt from creditors: RCW 48.18.400.
48.20.132 Standard provision No. 11—Physical
examination and autopsy. There shall be a provision as
follows:
PHYSICAL EXAMINATIONS AND AUTOPSY: The
insurer at its own expense shall have the right and opportunity to examine the person of the insured when and as often as
it may reasonably require during the pendency of a claim
hereunder and to make an autopsy in case of death where it
is not forbidden by law. [1951 c 229 § 14. Prior: 1947 c
79 § .20.12; Rem. Supp. 1947 § 45.20.12.]
48.20.142 Standard provision No. 12—Legal
actions. There shall be a provision as follows:
LEGAL ACTIONS: No action at law or in equity shall
be brought to recover on this policy prior to the expiration
of sixty days after written proof of loss has been furnished
in accordance with the requirements of this policy. No such
action shall be brought after the expiration of three years
after the time written proof of loss is required to be fur(2002 Ed.)
Disability Insurance
nished. [1951 c 229 § 15. Prior: 1947 c 79 § .20.18; Rem.
Supp. 1947 § 45.20.18.]
48.20.152 Standard provision No. 13—Change of
beneficiary. There shall be a provision as follows:
CHANGE OF BENEFICIARY: Unless the insured
makes an irrevocable designation of beneficiary, the right to
change of beneficiary is reserved to the insured and the
consent of the beneficiary or beneficiaries shall not be
requisite to surrender or assignment of this policy or to any
change of beneficiary or beneficiaries, or to any other
changes in this policy.
(The first clause of this provision, relating to the irrevocable designation of beneficiary, may be omitted at the
insurer’s option.) [1951 c 229 § 16. Prior: 1947 c 79 §
.20.17; Rem. Supp. 1947 § 45.20.17.]
48.20.162 Optional standard provisions. Except as
provided in RCW 48.18.130, no such policy delivered or
issued for delivery to any person in this state shall contain
provisions respecting the matters set forth in RCW 48.20.172
to 48.20.272, inclusive, unless such provisions are in the
words in which the same appear in the applicable section;
except, that the insurer may, at its option, use in lieu of any
such provision a corresponding provision of different
wording approved by the commissioner which is not less
favorable in any respect to the insured or the beneficiary.
Any such provision contained in the policy shall be preceded
individually by the appropriate caption or, at the insurer’s
option, by such appropriate individual or group caption or
subcaption as the commissioner may approve. [1951 c 229
§ 17. Prior: 1947 c 79 § .20.20; Rem. Supp. 1947 §
45.20.20.]
48.20.172 Optional standard provision No. 14—
Change of occupation. There may be a provision as
follows:
CHANGE OF OCCUPATION: If the insured be
injured or contract sickness after having changed his occupation to one classified by the insurer as more hazardous than
that stated in this policy or while doing for compensation
anything pertaining to an occupation so classified, the insurer
will pay only such portion of the indemnities provided in
this policy as the premium paid would have purchased at the
rates and within the limits fixed by the insurer for such more
hazardous occupation. If the insured changes his occupation
to one classified by the insurer as less hazardous than that
stated in this policy, the insurer, upon receipt of proof of
such change of occupation, will reduce the premium rate
accordingly, and will return the excess pro rata unearned
premium from the date of change of occupation or from the
policy anniversary date immediately preceding receipt of
such proof, whichever is the more recent. In applying this
provision, the classification of occupational risk and the
premium rates shall be such as have been last filed by the
insurer prior to the occurrence of the loss for which the
insurer is liable or prior to date of proof of change in
occupation with the state official having supervision of
insurance in the state where the insured resided at the time
this policy was issued; but if such filing was not required,
then the classification of occupational risk and the premium
(2002 Ed.)
48.20.142
rates shall be those last made effective by the insurer in such
state prior to the occurrence of the loss or prior to the date
of proof of change in occupation. [1951 c 229 § 18.]
48.20.192 Optional standard provision No. 15—
Other insurance in this insurer. There may be a provision
as follows:
OTHER INSURANCE IN THIS INSURER: If an
accident or sickness or accident and sickness policy or
policies previously issued by the insurer to the insured be in
force concurrently herewith, making the aggregate indemnity
for . . . . . . . . . (insert type of coverage or coverages) in
excess of $. . . . . . (insert maximum limit of indemnity or
indemnities) the excess insurance shall be void and all
premiums paid for such excess shall be returned to the
insured or to his estate.
Or, in lieu thereof:
Insurance effective at any one time on the insured under
a like policy or policies in this insurer is limited to the one
such policy elected by the insured, his beneficiary or his
estate, as the case may be, and the insurer will return all
premiums paid for all other such policies. [1951 c 229 § 20.
Prior: 1947 c 79 § .20.24; Rem. Supp. 1947 § 45.20.24.]
48.20.202 Optional standard provision No. 16—
Insurance with other insurers (Provision of service or
expense incurred basis). (1) There may be a provision as
follows:
INSURANCE WITH OTHER INSURERS: If there be
other valid coverage, not with this insurer, providing benefits
for the same loss on a provision of service basis or on an
expense incurred basis and of which this insurer has not
been given written notice prior to the occurrence or commencement of loss, the only liability under any expense
incurred coverage of this policy shall be for such proportion
of the loss as the amount which would otherwise have been
payable hereunder plus the total of the like amounts under
all such other valid coverages for the same loss of which this
insurer had notice bears to the total like amounts under all
valid coverages for such loss, and for the return of such
portion of the premiums paid as shall exceed the pro rata
portion for the amount so determined. For the purpose of
applying this provision when other coverage is on a provision of service basis, the "like amount" of such other
coverage shall be taken as the amount which the services
rendered would have cost in the absence of such coverage.
(2) If the foregoing policy provision is included in a
policy which also contains the policy provision set out in
RCW 48.20.212, there shall be added to the caption of the
foregoing provision the phrase ". . . . . . expense incurred
benefits." The insurer may, at its option, include in this
provision a definition of "other valid coverage," approved as
to form by the commissioner, which definition shall be
limited in subject matter to coverage provided by organizations subject to regulation by insurance law or by insurance
authorities of this or any other state of the United States or
any province of Canada, and by hospital or medical service
organizations, and to any other coverage the inclusion of
which may be approved by the commissioner. In the
absence of such definition such term shall not include group
insurance, automobile medical payments insurance, or
[Title 48 RCW—page 117]
48.20.202
Title 48 RCW: Insurance
coverage provided by hospital or medical service organizations or by union welfare plans or employer or employee
benefit organizations. For the purpose of applying the
foregoing policy provision with respect to any insured, any
amount of benefit provided for such insured pursuant to any
compulsory benefit statute (including any workers’ compensation or employer’s liability statute) whether provided by a
governmental agency or otherwise shall in all cases be
deemed to be "other valid coverage" of which the insurer has
had notice. In applying the foregoing policy provision no
third party liability coverage shall be included as "other valid
coverage." [1987 c 185 § 26; 1951 c 229 § 21. Prior:
1947 c 79 § .20.22; Rem. Supp. 1947 § 45.20.22.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.20.212 Optional standard provision No. 17—
Insurance with other insurers. (1) There may be a
provision as follows:
INSURANCE WITH OTHER INSURERS: If there be
other valid coverage, not with this insurer, providing benefits
for the same loss on other than an expense incurred basis
and of which this insurer has not been given written notice
prior to the occurrence or commencement of loss, the only
liability for such benefits under this policy shall be for such
proportion of the indemnities otherwise provided hereunder
for such loss as the like indemnities of which the insurer had
notice (including the indemnities under this policy) bear to
the total amount of all like indemnities for such loss, and for
the return of such portion of the premium paid as shall
exceed the pro rata portion for the indemnities thus determined.
(2) If the foregoing policy provision is included in a
policy which also contains the policy provision set out in
RCW 48.20.202, there shall be added to the caption of the
foregoing provision the phrase ". . . . . . other benefits." The
insurer may, at its option, include in this provision a definition of "other valid coverage," approved as to form by the
commissioner, which definition shall be limited in subject
matter to coverage provided by organizations subject to
regulation by insurance law or by insurance authorities of
this or any other state of the United States or any province
of Canada, and to any other coverage the inclusion of which
may be approved by the commissioner. In the absence of
such definition such term shall not include group insurance,
or benefits provided by union welfare plans or by employer
or employee benefit organizations. For the purpose of
applying the foregoing policy provision with respect to any
insured, any amount of benefit provided for such insured
pursuant to any compulsory benefit statute (including any
workers’ compensation or employer’s liability statute)
whether provided by a governmental agency or otherwise
shall in all cases be deemed to be "other valid coverage" of
which the insurer has had notice. In applying the foregoing
policy provision no third party liability coverage shall be
included as "other valid coverage." [1987 c 185 § 27; 1951
c 229 § 22. Prior: 1947 c 79 § .20.22; Rem. Supp. 1947 §
45.20.22.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
[Title 48 RCW—page 118]
48.20.222 Optional standard provision No. 18—
Relation of earnings to insurance. (1) There may be a
provision as follows:
RELATION OF EARNINGS TO INSURANCE: If the
total monthly amount of loss of time benefits promised for
the same loss under all valid loss of time coverage upon the
insured, whether payable on a weekly or monthly basis, shall
exceed the monthly earnings of the insured at the time
disability commenced or his average monthly earnings for
the period of two years immediately preceding a disability
for which claim is made, whichever is the greater, the
insurer will be liable only for such proportionate amount of
such benefits under this policy as the amount of such
monthly earnings of the insured bears to the total amount of
monthly benefits for the same loss under all such coverage
upon the insured at the time such disability commences and
for the return of such part of the premiums paid during such
two years as shall exceed the pro rata amount of the premiums for the benefits actually paid hereunder; but this shall
not operate to reduce the total monthly amount of benefits
payable under all such coverage upon the insured below the
sum of two hundred dollars or the sum of the monthly
benefits specified in such coverages, whichever is the lesser,
nor shall it operate to reduce benefits other than those
payable for loss of time.
(2) The foregoing policy provision may be inserted only
in a policy which the insured has the right to continue in
force subject to its terms by the timely payment of premiums
(a) until at least age 50 or, (b) in the case of a policy issued
after age 44, for at least five years from its date of issue.
The insurer may, at its option, include in this provision a
definition of "valid loss of time coverage," approved as to
form by the commissioner, which definition shall be limited
in subject matter to coverage provided by governmental
agencies or by organizations subject to regulation by
insurance law or by insurance authorities of this or any other
state of the United States or any province of Canada, or to
any other coverage the inclusion of which may be approved
by the commissioner or any combination of such coverages.
In the absence of such definition such term shall not include
any coverage provided for such insured pursuant to any
compulsory benefit statute (including any workers’ compensation or employer’s liability statute), or benefits provided by
union welfare plans or by employer or employee benefit
organizations. [1987 c 185 § 28; 1951 c 229 § 23.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.20.232 Optional standard provision No. 19—
Unpaid premium. There may be a provision as follows:
UNPAID PREMIUM: Upon the payment of a claim
under this policy, any premium then due and unpaid or
covered by any note or written order may be deducted
therefrom. [1951 c 229 § 24. Prior: 1947 c 79 § .20.23;
Rem. Supp. 1947 § 45.20.23.]
48.20.242 Optional standard provision No. 20—
Cancellation. There may be a provision as follows:
CANCELLATION: The insurer may cancel this policy
at any time by written notice delivered to the insured, or
mailed to his last address as shown by the records of the
(2002 Ed.)
Disability Insurance
insurer, stating when, not less than five days thereafter, such
cancellation shall be effective; and after the policy has been
continued beyond its original term the insured may cancel
this policy at any time by written notice delivered or mailed
to the insurer, effective upon receipt or on such later date as
may be specified in such notice. In the event of
cancellation, the insurer will return promptly the unearned
portion of any premium paid. If the insured cancels, the
earned premium shall be computed by the use of the shortrate table last filed with the state official having supervision
of insurance in the state where the insured resided when the
policy was issued. If the insurer cancels, the earned premium shall be computed pro rata. Cancellation shall be
without prejudice to any claim originating prior to the
effective date of cancellation. [1951 c 229 § 25. Prior:
1947 c 79 § .20.21; Rem. Supp. 1947 § 45.20.21.]
48.20.252 Optional standard provision No. 21—
Conformity with state statutes. There may be a provision
as follows:
CONFORMITY WITH STATE STATUTES: Any
provision of this policy which, on its effective date, is in
conflict with the statutes of the state in which the insured
resides on such date is hereby amended to conform to the
minimum requirements of such statutes. [1951 c 229 § 26.]
48.20.262 Optional standard provision No. 22—
Illegal occupation. There may be a provision as follows:
ILLEGAL OCCUPATION: The insurer shall not be
liable for any loss to which a contributing cause was the
insured’s commission of or attempt to commit a felony or to
which a contributing cause was the insured’s being engaged
in an illegal occupation. [1951 c 229 § 27. Prior: 1947 c
79 § .20.26; Rem. Supp. 1947 § 45.20.26.]
48.20.272 Optional standard provision No. 23—
Intoxicants and narcotics. There may be a provision as
follows:
INTOXICANTS AND NARCOTICS: The insurer shall
not be liable for any loss sustained or contracted in consequence of the insured’s being intoxicated or under the
influence of any narcotic unless administered on the advice
of a physician. [1951 c 229 § 28. Prior: 1947 c 79 §
.20.27; Rem. Supp. 1947 § 45.20.27.]
48.20.282 Order of certain policy provisions. The
provisions which are the subject of RCW 48.20.042 to
48.20.272, inclusive, or any corresponding provisions which
are used in lieu thereof in accordance with such sections,
shall be printed in the consecutive order of the provisions in
such sections or, at the insurer’s option, any such provision
may appear as a unit in any part of the policy, with other
provisions to which it may be logically related, provided the
resulting policy shall not be in whole or in part unintelligible, uncertain, ambiguous, abstruse, or likely to mislead
a person to whom the policy is offered, delivered or issued.
[1951 c 229 § 29.]
48.20.292 Third party ownership. The word
"insured," as used in this chapter, shall not be construed as
preventing a person other than the insured with a proper
(2002 Ed.)
48.20.242
insurable interest from making application for and owning a
policy covering the insured or from being entitled under such
a policy to any indemnities, benefits and rights provided
therein. [1951 c 229 § 30.]
Insurable interest defined, personal insurance, nonprofit organizations:
RCW 48.18.030.
48.20.302 Requirements of other jurisdictions. (1)
Any policy of a foreign or alien insurer, when delivered or
issued for delivery to any person in this state, may contain
any provision which is not less favorable to the insured or to
the beneficiary than the provisions of this chapter and which
is prescribed or required by the laws of the state under
which the insurer is organized.
(2) Any policy of a domestic insurer may, when issued
for delivery in any other state or country, contain any
provision permitted or required by the laws of such other
state or country. [1951 c 229 § 31.]
Domestic insurer may transact insurance in other state as permitted by laws
thereof: RCW 48.07.140.
48.20.312 Age limit. If any such policy contains a
provision establishing, as an age limit or otherwise, a date
after which the coverage provided by the policy will not be
effective, and if such date falls within a period for which
premium is accepted by the insurer or if the insurer accepts
a premium after such date, the coverage provided by the
policy will continue in force subject to any right of
cancellation until the end of the period for which premium
has been accepted. In the event the age of the insured has
been misstated and if, according to the correct age of the
insured, the coverage provided by the policy would not have
become effective, or would have ceased prior to the acceptance of such premium or premiums, then the liability of the
insurer shall be limited to the refund, upon request, of all
premiums paid for the period not covered by the policy.
[1951 c 229 § 32. Prior: 1947 c 79 § .20.25; Rem. Supp.
1947 § 45.20.25.]
48.20.322 Effective date of standard provision and
certain other sections—Five year period. The provisions
contained in RCW 48.20.002 to 48.20.322, inclusive, shall
take effect on September 1, 1951. A policy, rider or
endorsement, which could have been lawfully used or
delivered or issued for delivery to any person in this state
immediately before such effective date may be used or delivered or issued for delivery to any such person during five
years after such effective date. [1951 c 229 § 33.]
48.20.340 "Family expense disability insurance"
defined. (1) Family expense disability insurance is that
covering members of any one family including one or both
spouses and dependents provided under a master policy
issued to the head of the family.
(2) Any authorized disability insurer may issue family
expense disability insurance.
(3) A disability policy providing such family expense
coverage, in addition to other provisions required to be
contained in disability policies under this chapter, shall
contain the following provisions:
[Title 48 RCW—page 119]
48.20.340
Title 48 RCW: Insurance
(a) A provision that the policy and the application of the
head of the family shall constitute the entire contract
between the parties.
(b) A provision that to the family group originally
insured shall, on notice to the insurer, be added from time to
time all new members of the family as they become eligible
for insurance in such family group, and on the payment of
such additional premium as may be required therefor. [1961
c 194 § 5; 1947 c 79 § .20.34; Rem. Supp. 1947 §
45.20.34.]
48.20.350 "Franchise plan" defined. (1) Disability
insurance on a franchise plan is that issued to
(a) five or more employees of a common employer, or
to
(b) ten or more members of any bona fide trade or
professional association or labor union, which association or
union was formed and exists for purposes other than that of
obtaining insurance, and under which such employees or
members, with or without their dependents, are issued
individual policies which may vary as to amounts and kinds
of coverage as applied for, under an arrangement whereby
the premiums on the policies are to be paid to the insurer
periodically by the employer, with or without payroll
deductions, or by the association, or by some designated
employee or officer of the association acting on behalf of the
employer or association members.
(2) An insurer may charge different rates, provide
different benefits, or employ different underwriting procedure for individuals insured under a franchise plan, if such
rates, benefits, or procedures as used do not discriminate as
between franchise plans, and do not discriminate unfairly as
between individuals insured under franchise plans and
individuals otherwise insured under similar policies. [1947
c 79 § .20.35; Rem. Supp. 1947 § 45.20.35.]
48.20.360 Extended disability benefit. A disability
insurance contract which provides a reasonable amount of
disability indemnity for both accidental injuries and sickness,
other than a contract of group or blanket insurance, may
provide a benefit in amount not exceeding two hundred
dollars payable in event of death from any causes. Such
benefit shall be deemed to constitute the payment of disability benefits beyond the period for which otherwise payable,
and shall not be deemed to constitute life insurance. [1947
c 79 § .20.36; Rem. Supp. 1947 § 45.20.36.]
48.20.380 Incontestability after reinstatement. The
reinstatement of any policy of noncancellable disability
insurance hereafter delivered or issued for delivery in this
state shall be contestable only on account of fraud or
misrepresentation of facts material to the reinstatement and
only for the same period following reinstatement as is
provided in the policy with respect to the contestability
thereof after the original issuance of the policy. [1947 c 79
§ .20.38; Rem. Supp. 1947 § 45.20.38.]
48.20.390 Chiropody. Notwithstanding any provision
of any disability insurance contract, benefits shall not be
denied thereunder for any medical or surgical service
performed by a holder of a license issued pursuant to chapter
[Title 48 RCW—page 120]
18.22 RCW provided that (1) the service performed was
within the lawful scope of such person’s license, and (2)
such contract would have provided benefits if such service
had been performed by a holder of a license issued pursuant
to chapter 18.71 RCW. [1963 c 87 § 1.]
Application—1963 c 87: "This act shall apply to all contracts issued
on or after the effective date of this act." [1963 c 87 § 3.]
48.20.391 Diabetes coverage. The legislature finds
that diabetes imposes a significant health risk and tremendous financial burden on the citizens and government of the
state of Washington, and that access to the medically
accepted standards of care for diabetes, its treatment and
supplies, and self-management training and education is
crucial to prevent or delay the short and long-term complications of diabetes and its attendant costs.
(1) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Person with diabetes" means a person diagnosed by
a health care provider as having insulin using diabetes,
noninsulin using diabetes, or elevated blood glucose levels
induced by pregnancy; and
(b) "Health care provider" means a health care provider
as defined in RCW 48.43.005.
(2) All disability insurance contracts providing health
care services, delivered or issued for delivery in this state
and issued or renewed after January 1, 1998, shall provide
benefits for at least the following services and supplies for
persons with diabetes:
(a) For disability insurance contracts that include
pharmacy services, appropriate and medically necessary
equipment and supplies, as prescribed by a health care
provider, that includes but is not limited to insulin, syringes,
injection aids, blood glucose monitors, test strips for blood
glucose monitors, visual reading and urine test strips, insulin
pumps and accessories to the pumps, insulin infusion
devices, prescriptive oral agents for controlling blood sugar
levels, foot care appliances for prevention of complications
associated with diabetes, and glucagon emergency kits; and
(b) For all disability insurance contracts providing health
care services, outpatient self-management training and
education, including medical nutrition therapy, as ordered by
the health care provider. Diabetes outpatient self-management training and education may be provided only by health
care providers with expertise in diabetes. Nothing in this
section prevents the insurer from restricting patients to
seeing only health care providers who have signed participating provider agreements with the insurer or an insuring
entity under contract with the insurer.
(3) Coverage required under this section may be subject
to customary cost-sharing provisions established for all other
similar services or supplies within a policy.
(4) Health care coverage may not be reduced or eliminated due to this section.
(5) Services required under this section shall be covered
when deemed medically necessary by the medical director,
or his or her designee, subject to any referral and formulary
requirements.
(6) The insurer need not include the coverage required
in this section in a group contract offered to an employer or
other group that offers to its eligible enrollees a self-insured
health plan not subject to mandated benefits status under this
(2002 Ed.)
Disability Insurance
title that does not offer coverage similar to that mandated
under this section.
(7) This section does not apply to the health benefit plan
that provides benefits identical to the schedule of services
covered by the basic health plan, as required by RCW
48.20.028. [1997 c 276 § 2.]
Effective date—1997 c 276: See note following RCW 41.05.185.
48.20.393 Mammograms—Insurance coverage.
Each disability insurance policy issued or renewed after
January 1, 1990, that provides coverage for hospital or
medical expenses shall provide coverage for screening or
diagnostic mammography services, provided that such
services are delivered upon the recommendation of the
patient’s physician or advanced registered nurse practitioner
as authorized by the nursing care quality assurance commission pursuant to chapter 18.79 RCW or physician assistant
pursuant to chapter 18.71A RCW.
This section shall not be construed to prevent the
application of standard policy provisions applicable to other
benefits such as deductible or copayment provisions. This
section does not limit the authority of an insurer to negotiate
rates and contract with specific providers for the delivery of
mammography services. This section shall not apply to
medicare supplement policies or supplemental contracts
covering a specified disease or other limited benefits. [1994
sp.s. c 9 § 728; 1989 c 338 § 1.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
48.20.395 Reconstructive breast surgery. (1) Any
disability insurance contract providing hospital and medical
expenses and health care services delivered or issued in this
state after July 24, 1983, shall provide coverage for reconstructive breast surgery resulting from a mastectomy which
resulted from disease, illness, or injury.
(2) Any disability insurance contract providing hospital
and medical expenses and health care services delivered or
issued in this state after January 1, 1986, shall provide
coverage for all stages of one reconstructive breast reduction
on the nondiseased breast to make it equal in size with the
diseased breast after definitive reconstructive surgery on the
diseased breast has been performed. [1985 c 54 § 5; 1983
c 113 § 1.]
Effective date—1985 c 54: See note following RCW 48.20.397.
48.20.397 Mastectomy, lumpectomy. No person
engaged in the business of insurance under this chapter may
refuse to issue any contract of insurance or cancel or decline
to renew the contract solely because of a mastectomy or
lumpectomy performed on the insured or prospective insured
more than five years previously. The amount of benefits
payable, or any term, rate, condition, or type of coverage
shall not be restricted, modified, excluded, increased, or reduced solely on the basis of a mastectomy or lumpectomy
performed on the insured or prospective insured more than
five years previously. [1985 c 54 § 1.]
Effective date—1985 c 54: "This act shall take effect January 1,
1986." [1985 c 54 § 9.]
48.20.391
48.20.410 Optometry. Notwithstanding any provision
of any disability insurance contract, benefits shall not be
denied thereunder for any eye care service rendered by a
holder of a license issued pursuant to chapter 18.53 RCW,
provided, that (1) the service rendered was within the lawful
scope of such person’s license, and (2) such contract would
have provided the benefits for such service if rendered by a
holder of a license issued pursuant to chapter 18.71 RCW.
[1965 c 149 § 2.]
Construction—1965 c 149: "Sections 1 through 3 of this act shall
not apply to contracts in force prior to the effective date of this 1965 act,
nor to any renewal of such contracts where there has been no change in any
provisions thereof." [1965 c 149 § 4.]
48.20.411 Registered nurses or advanced registered
nurses. Notwithstanding any provision of any disability
insurance contract as provided for in this chapter, benefits
shall not be denied thereunder for any health care service
performed by a holder of a license for registered nursing
practice or advanced registered nursing practice issued
pursuant to chapter 18.79 RCW if (1) the service performed
was within the lawful scope of such person’s license, and (2)
such contract would have provided benefits if such service
had been performed by a holder of a license issued pursuant
to chapter 18.71 RCW: PROVIDED, HOWEVER, That no
provision of chapter 18.71 RCW shall be asserted to deny
benefits under this section.
The provisions of this section are intended to be
remedial and procedural to the extent they do not impair the
obligation of any existing contract. [1994 sp.s. c 9 § 729;
1973 1st ex.s. c 188 § 3.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1973 1st ex.s. c 188: See note following RCW
48.18.298.
48.20.412 Chiropractic. Notwithstanding any
provision of any disability insurance contract as provided for
in this chapter, benefits shall not be denied thereunder for
any health care service performed by a holder of a license
issued pursuant to chapter 18.25 RCW if (1) the service
performed was within the lawful scope of such person’s
license, and (2) such contract would have provided benefits
if such service had been performed by a holder of a license
issued pursuant to chapter 18.71 RCW: PROVIDED,
HOWEVER, That no provision of chapter 18.71 RCW shall
be asserted to deny benefits under this section.
The provisions of this section are intended to be
remedial and procedural to the extent they do not impair the
obligation of any existing contract. [1971 ex.s. c 13 § 1.]
48.20.414 Psychological services. Notwithstanding
any provision of any disability insurance contract, benefits
shall not be denied thereunder for any psychological service
rendered by a holder of a license issued pursuant to chapter
18.83 RCW: PROVIDED, That (1) the service rendered was
within the lawful scope of such person’s license, and (2)
such contract would have provided the benefits for such
service if rendered by a holder of a license issued pursuant
to chapter 18.71 RCW. [1971 ex.s. c 197 § 1.]
Application—1971 ex.s. c 197: "Sections 1 and 2 of this act shall not
apply to any contract in force prior to the effective date of this 1971 act, nor
(2002 Ed.)
[Title 48 RCW—page 121]
48.20.414
Title 48 RCW: Insurance
to any renewal of such contract where there has been no change in any
provision thereof." [1971 ex.s. c 197 § 3.]
48.20.416 Dentistry. Notwithstanding any provision
of any disability insurance contract as provided for in this
chapter, benefits shall not be denied thereunder for any
health care service performed by a holder of a license issued
pursuant to chapter 18.32 RCW if (1) the service performed
was within the lawful scope of such person’s license, and (2)
such contract would have provided benefits if such service
has [had] been performed by a holder of a license issued
[pursuant] to chapter 18.71 RCW: PROVIDED, HOWEVER, That no provision of chapter 18.71 RCW shall be
asserted to deny benefits under this section.
The provisions of this section are intended to be
remedial and procedural to the extent they do not impair the
obligation of any existing contract. [1974 ex.s. c 42 § 1.]
48.20.418 Denturist services. Notwithstanding any
provision of any disability insurance contract covering dental
care as provided for in this chapter, effective January 1,
1995, benefits shall not be denied thereunder for any service
performed by a denturist licensed under chapter 18.30 RCW
if (1) the service performed was within the lawful scope of
such person’s license, and (2) such contract would have
provided benefits if such service had been performed by a
dentist licensed under chapter 18.32 RCW. [1995 c 1 § 21
(Initiative Measure No. 607, approved November 8, 1994).]
Short title—Severability—1995 c 1 (Initiative Measure No. 607):
See RCW 18.30.900 and 18.30.901.
48.20.420 Dependent child coverage—Continuation
for incapacity. Any disability insurance contract providing
health care services, delivered or issued for delivery in this
state more than one hundred twenty days after August 11,
1969, which provides that coverage of a dependent child
shall terminate upon attainment of the limiting age for
dependent children specified in the contract, shall also
provide in substance that attainment of such limiting age
shall not operate to terminate the coverage of such child
while the child is and continues to be both (1) incapable of
self-sustaining employment by reason of developmental
disability or physical handicap and (2) chiefly dependent
upon the subscriber for support and maintenance, provided
proof of such incapacity and dependency is furnished to the
insurer by the subscriber within thirty-one days of the child’s
attainment of the limiting age and subsequently as may be
required by the insurer but not more frequently than annually
after the two year period following the child’s attainment of
the limiting age. [1985 c 264 § 10; 1969 ex.s. c 128 § 3.]
48.20.430 Dependent child coverage—From moment
of birth—Congenital anomalies—Notification of birth.
(1) Any disability insurance contract providing hospital and
medical expenses and health care services, delivered or
issued for delivery in this state more than one hundred
twenty days after February 16, 1974, which provides
coverage for dependent children of the insured, shall provide
coverage for newborn infants of the insured from and after
the moment of birth. Coverage provided in accord with this
section shall include, but not be limited to, coverage for
[Title 48 RCW—page 122]
congenital anomalies of such infant children from the
moment of birth.
(2) If payment of an additional premium is required to
provide coverage for a child, the contract may require that
notification of birth of a newly born child and payment of
the required premium must be furnished to the insurer. The
notification period shall be no less than sixty days from the
date of birth. This subsection applies to policies issued or
renewed on or after January 1, 1984. [1983 1st ex.s. c 32 §
18; 1974 ex.s. c 139 § 1.]
48.20.450 Standardization and simplification of
terms and coverages—Disclosure requirements. The
commissioner shall issue regulations to establish specific
standards, including standards of full and fair disclosure, that
set forth the manner, content, and required disclosure for the
sale of individual policies of disability insurance which shall
be in addition to and in accordance with applicable laws of
this state, including RCW 48.20.450 through 48.20.480,
which may cover but shall not be limited to:
(1) Terms of renewability;
(2) Initial and subsequent conditions of eligibility;
(3) Nonduplication of coverage provisions;
(4) Coverage of dependents;
(5) Preexisting conditions;
(6) Termination of insurance;
(7) Probationary periods;
(8) Limitations;
(9) Exceptions;
(10) Reductions;
(11) Elimination periods;
(12) Requirements for replacement;
(13) Recurrent conditions; and
(14) The definition of terms including but not limited to
the following: Hospital, accident, sickness, injury, physician,
accidental means, total disability, partial disability, nervous
disorder, guaranteed renewable, and noncancellable. [1985
c 264 § 11; 1975 1st ex.s. c 266 § 16.]
Purpose—1975 1st ex.s. c 266: "The purpose of *sections 14
through 18 of this 1975 amendatory act is to provide reasonable standardization and simplification of terms and coverages of individual disability
insurance policies to facilitate public understanding and comparison, to
eliminate provisions contained in individual disability insurance policies
which may be misleading or unreasonably confusing in connection either
with the purchase of such coverages or with the settlement of claims, and
to provide for full disclosure in the sale of disability coverages." [1975 1st
ex.s. c 266 § 15.]
*Reviser’s note: During the course of passage of 1975 1st ex.s. c
266 [Substitute House Bill No. 198], the section numbering was changed,
but the internal references were not changed accordingly. Thus the
reference "sections 14 through 18 of this 1975 amendatory act" appears to
be erroneous. Reference to "sections 15 through 19," codified herein as this
section and RCW 48.20.450 through 48.20.480, was apparently intended.
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.20.460 Standardization and simplification—
Minimum standards for benefits and coverages. (1) The
commissioner shall issue regulations to establish minimum
standards for benefits under each of the following categories
of coverage in individual policies, other than conversion
policies issued pursuant to a contractual conversion privilege
under a group policy, of disability insurance:
(a) Basic hospital expense coverage;
(2002 Ed.)
Disability Insurance
(b) Basic medical-surgical expense coverage;
(c) Hospital confinement indemnity coverage;
(d) Major medical expense coverage;
(e) Disability income protection coverage;
(f) Accident only coverage;
(g) Specified disease or specified accident coverage;
(h) Medicare supplemental coverage; and
(i) Limited benefit coverage.
(2) Nothing in this section shall preclude the issuance of
any policy which combines two or more of the categories of
coverage enumerated in items (a) through (f) of subsection
(1) of this section.
(3) No policy shall be delivered or issued for delivery
in this state which does not meet the prescribed minimum
standards for the categories of coverage listed in items (a)
through (i) of subsection (1) of this section, unless the
commissioner finds such policy will be in the public interest
and such policy meets the requirements set forth in RCW
48.18.110.
(4) The commissioner shall prescribe the method of
identification of policies based upon coverages provided.
[1981 c 339 § 19; 1975 1st ex.s. c 266 § 17.]
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.20.470 Standardization and simplification—
Outline of coverage—Format and contents. (1) No policy
of individual disability insurance shall be delivered or issued
for delivery in this state unless an outline of coverage described in subsection (2) of this section is furnished to the
applicant in accord with such rules or regulations as the
commissioner shall prescribe.
(2) The commissioner shall prescribe the format and
content of the outline of coverage required by subsection (1)
of this section. "Format" means style, arrangement, and
overall appearance, including such items as the size, color,
and prominence of type and the arrangement of text and
captions. Such outline of coverage shall include:
(a) A statement identifying the applicable category or
categories of coverage provided by the policy as prescribed
in RCW 48.20.450;
(b) A description of the principal benefits and coverage
provided in the policy;
(c) A statement of the exceptions, reductions and
limitations contained in the policy;
(d) A statement of the renewal provisions including any
reservation by the insurer of a right to change premiums; and
(e) A statement that the outline is a summary of the
policy issued or applied for and that the policy should be
consulted to determine governing contractual provisions.
[1985 c 264 § 12; 1975 1st ex.s. c 266 § 18.]
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.20.480 Standardization and simplification—
Simplified application form—Coverage of loss from
preexisting health condition. Notwithstanding the provisions of RCW 48.20.052, if an insurer elects to use a
simplified application form, with or without a question as to
the applicant’s health at the time of application, but without
any questions concerning the insured’s health history or
(2002 Ed.)
48.20.460
medical treatment history, the policy must cover any loss
occurring after twelve months from any preexisting condition
not specifically excluded from coverage by terms of the policy, and, except as so provided, the policy shall not include
wording that would permit a defense based upon preexisting
conditions. [1975 1st ex.s. c 266 § 19.]
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.20.490 Continuation of coverage by former
spouse and dependents. Every policy of disability insurance issued, amended, or renewed after June 12, 1980, for
an individual and his/her dependents shall contain provisions
to assure that the covered spouse and/or dependents, in the
event that any cease to be a qualified family member by
reason of termination of marriage or death of the principal
insured, shall have the right to continue the policy coverage
without a physical examination, statement of health, or other
proof of insurability. [1980 c 10 § 1.]
48.20.500 Coverage for adopted children. (1) Any
disability insurance contract providing hospital and medical
expenses and health care services, delivered or issued for
delivery in this state, which provides coverage for dependent
children, as defined in the contract of the insured, shall cover
adoptive children placed with the insured on the same basis
as other dependents, as provided in RCW 48.01.180.
(2) If payment of an additional premium is required to
provide coverage for a child, the contract may require that
notification of placement of a child for adoption and payment of the required premium must be furnished to the
insurer. The notification period shall be no less than sixty
days from the date of placement. [1986 c 140 § 2.]
Effective date, application—Severability—1986 c 140: See notes
following RCW 48.01.180.
48.20.510 Cancellation of rider. Upon application by
an insured, a rider shall be canceled if at least five years
after its issuance, no health care services have been received
by the insured during that time for the condition specified in
the rider, and a physician, selected by the carrier for that
purpose, agrees in writing to the full medical recovery of the
insured from that condition, such agreement not to be
unreasonably withheld. The option of the insured to apply
for cancellation shall be disclosed on the face of the rider in
clear and conspicuous language.
For purposes of this section, a rider is a legal document
that modifies a contract to exclude, limit, or reduce coverage
or benefits for specifically named or described preexisting
diseases or physical conditions. [1987 c 37 § 1.]
48.20.520 Phenylketonuria. (1) The legislature finds
that:
(a) Phenylketonuria is a rare inherited genetic disorder.
(b) Children with phenylketonuria are unable to metabolize an essential amino acid, phenylalanine, which is found
in the proteins of most food.
(c) To remain healthy, children with phenylketonuria
must maintain a strict diet and ingest a mineral and vitaminenriched formula.
[Title 48 RCW—page 123]
48.20.520
Title 48 RCW: Insurance
(d) Children who do not maintain their diets with the
formula acquire severe mental and physical difficulties.
(e) Originally, the formulas were listed as prescription
drugs but were reclassified as medical foods to increase their
availability.
(2) Subject to requirements and exceptions which may
be established by rules adopted by the commissioner, any
disability insurance contract delivered or issued for delivery
or renewed in this state on or after September 1, 1988, that
insures for hospital or medical expenses shall provide
coverage for the formulas necessary for the treatment of
phenylketonuria. [1988 c 173 § 1.]
48.20.525 Prescriptions—Preapproval of individual
claims—Subsequent rejection prohibited—Written record
required. Disability insurance companies who through an
authorized representative have first approved, by any means,
an individual prescription claim as eligible may not reject
that claim at some later date. Pharmacists or drug dispensing outlets who obtain preapproval of claims shall keep a
written record of the preapproval that consists of identification by name and telephone number of the person who
approved the claim. [1993 c 253 § 2.]
Findings—1993 c 253: "The legislature finds that many health care
insurance entities are initially approving claims as eligible under an
identified program, over the telephone, but denying those same claims when
they are submitted for payment. The legislature finds this to be an
untenable situation for the providers." [1993 c 253 § 1.]
Effective date—1993 c 253: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 7, 1993]." [1993 c 253 § 6.]
48.20.530 Nonresident pharmacies. For the purposes
of this chapter, a nonresident pharmacy is defined as any
pharmacy located outside this state that ships, mails, or
delivers, in any manner, except when delivered in person to
an enrolled participant or his/her representative, controlled
substances, legend drugs, or devices into this state.
After October 1, 1991, an insurer providing coverage of
prescription drugs from nonresident pharmacies may only
provide coverage from licensed nonresident pharmacies. The
insurers shall obtain proof of current licensure in conformity
with this section and RCW 18.64.350 through 18.64.400
from the nonresident pharmacy and keep that proof of
licensure on file.
The department of health may request from the insurer
the proof of current licensure for all nonresident pharmacies
through which the insurer is providing coverage for prescription drugs to residents of the state of Washington. This
information, which may constitute a full or partial customer
list, shall be confidential and exempt from public disclosure,
and from the requirements of chapter 42.17 RCW. The
board or the department shall not be restricted in the
disclosure of the name of a nonresident pharmacy that is or
has been licensed under RCW 18.64.360 or 18.64.370 or of
the identity of a nonresident pharmacy disciplined under
RCW 18.64.350 through 18.64.400. [1991 c 87 § 7.]
Effective date—1991 c 87: See note following RCW 18.64.350.
Chapter 48.21
GROUP AND BLANKET DISABILITY INSURANCE
Sections
48.21.010
48.21.015
48.21.020
48.21.030
48.21.040
48.21.045
48.21.047
48.21.050
48.21.060
48.21.070
48.21.075
48.21.080
48.21.090
48.21.100
48.21.110
48.21.120
48.21.130
48.21.140
48.21.141
48.21.142
48.21.143
48.21.144
48.21.146
48.21.148
48.21.150
48.21.155
48.21.160
48.21.180
48.21.190
48.21.195
48.21.197
48.21.200
48.21.220
48.21.225
48.21.230
48.21.235
48.21.240
48.21.242
48.21.244
48.21.250
48.21.260
48.21.270
48.21.280
48.21.290
48.21.300
48.21.310
48.21.320
48.21.325
48.21.330
[Title 48 RCW—page 124]
"Group disability insurance" defined.
"Group stop loss insurance" defined for the purpose of exemption—Scope of application.
"Employees," "employer" defined.
Health care groups.
"Blanket disability insurance" defined.
Mandatory offering providing basic health plan benefits for
employers with fewer than twenty-five employees—
Exemption from statutory requirements—Premium
rates—Requirements for providing coverage for small
employers—Definitions.
Requirements for plans offered to small employers—
Definitions.
Standard provisions required.
The contract—Representations.
Payment of premiums.
Payment of premiums by employee in event of suspension
of compensation due to labor dispute.
Certificates of coverage.
Age limitations.
Examination and autopsy.
Payment of benefits.
Readjustment of premiums—Dividends.
Chiropody.
Optometry.
Registered nurses or advanced registered nurses.
Chiropractic.
Diabetes coverage.
Psychological services.
Dentistry.
Denturist services.
Dependent child coverage—Continuation for incapacity.
Dependent child coverage—From moment of birth—
Congenital anomalies—Notification of birth.
Chemical dependency benefits—Legislative declaration.
Chemical dependency benefits—Contracts issued or renewed
after January 1, 1988.
Chemical dependency benefits—RCW 48.21.160 through
48.21.190, 48.44.240 inapplicable, when.
"Chemical dependency" defined.
Chemical dependency benefits—Rules.
Group disability, health care service contract, health maintenance agreement—Reduction or refusal of benefits on
basis of other existing coverages.
Home health care, hospice care, optional coverage required—Standards, limitations, restrictions—Rules—
Medicare supplemental contracts excluded.
Mammograms—Insurance coverage.
Reconstructive breast surgery.
Mastectomy, lumpectomy.
Mental health treatment, optional supplemental coverage—
Waiver.
Mental health treatment—Waiver of preauthorization for
persons involuntarily committed.
Benefits for prenatal diagnosis of congenital disorders—
Contracts entered into or renewed on or after January 1,
1990.
Continuation option to be offered.
Conversion policy to be offered—Exceptions, conditions.
Conversion policy—Restrictions and requirements.
Coverage for adopted children.
Cancellation of rider.
Phenylketonuria.
Neurodevelopmental therapies—Employer-sponsored group
contracts.
Temporomandibular joint disorders—Insurance coverage.
Prescriptions—Preapproval of individual claims—
Subsequent rejection prohibited—Written record required.
Nonresident pharmacies.
(2002 Ed.)
Group and Blanket Disability Insurance
Irrigation district may contract for and pay premiums on group insurance
for employees: RCW 87.03.160.
Minimum standards for disability policies may be promulgated by commissioner: RCW 48.18.120.
Payment to person designated in policy or by assignment discharges
insurer: RCW 48.18.370.
Policy dividends are payable to real party in interest: RCW 48.18.340.
Policy forms, execution, filing, etc.: Chapter 48.18 RCW.
Refusal to renew or cancellation of disability insurance: RCW 48.18.298,
48.18.299.
48.21.010 "Group disability insurance" defined.
Group disability insurance is that form of disability insurance, including stop loss insurance as defined in RCW
48.11.030, provided by a master policy issued to an employer, to a trustee appointed by an employer or employers, or to
an association of employers formed for purposes other than
obtaining such insurance, covering, with or without their
dependents, the employees, or specified categories of the
employees, of such employers or their subsidiaries or
affiliates, or issued to a labor union, or to an association of
employees formed for purposes other than obtaining such
insurance, covering, with or without their dependents, the
members, or specified categories of the members, of the
labor union or association, or issued pursuant to RCW
48.21.030. Group disability insurance shall also include such
other groups as qualify for group life insurance under the
provisions of this code. [1992 c 226 § 2; 1949 c 190 § 27;
1947 c 79 § .21.01; Rem. Supp. 1949 § 45.21.01.]
Application—1992 c 226: See note following RCW 48.11.030.
48.21.015 "Group stop loss insurance" defined for
the purpose of exemption—Scope of application. Group
stop loss insurance is exempt from all sections of this
chapter and chapter 48.32A RCW except for RCW 48.21.010
and this section. For the purpose of this exemption, group
stop loss is further defined as follows:
(1) The policy must be issued to and insure the employer, the trustee or other sponsor of the plan, or the plan itself,
but not the employees, members, or participants;
(2) Payment by the insurer must be made to the employer, the trustee, or other sponsor of the plan or the plan itself,
but not to the employees, members, participants, or health
care providers;
(3) The policy must contain a provision that establishes
an aggregate attaching point or retention that is at the
minimum one hundred twenty percent of the expected
claims; and
(4) The policy may provide for an individual attaching
point or retention that is not less than five percent of the
expected claims or one hundred thousand dollars, whichever
is less. [2000 c 80 § 8; 1992 c 226 § 3.]
Application—1992 c 226: See note following RCW 48.11.030.
48.21.020 "Employees," "employer" defined. The
term "employees" as used in this chapter shall be deemed to
include as employees of a single employer, the compensated
officers, managers, and employees of the employer and of
subsidiary or affiliated corporations of a corporation employer, and the individual proprietors, partners, and employees of
individuals and firms of which the business is controlled by
the insured employer through stock ownership, contract or
(2002 Ed.)
Chapter 48.21
otherwise. The term "employer" as used in this chapter shall
be deemed to include any municipal corporation or governmental unit, agency or department thereof as well as private
individuals, firms, corporations and other persons. [1947 c
79 § .21.02; Rem. Supp. 1947 § 45.21.02.]
48.21.030 Health care groups. A policy of group
disability insurance may be issued to a corporation, as
policyholder, existing primarily for the purpose of assisting
individuals who are its subscribers in securing medical,
hospital, dental, and other health care services for themselves
and their dependents, covering all and not less than five
hundred such subscribers and dependents, with respect only
to medical, hospital, dental, and other health care services.
[1947 c 79 § .21.03; Rem. Supp. 1947 § 45.21.03.]
48.21.040 "Blanket disability insurance" defined.
(1) Any policy or contract of disability insurance which
conforms with the description and complies with the requirements contained in one of the following six paragraphs shall
be deemed a blanket disability insurance policy:
(a) A policy issued to any common carrier of passengers, which carrier shall be deemed the policyholder,
covering a group defined as all persons who may become
such passengers, and whereby such passengers shall be
insured against loss or damage resulting from death or bodily
injury either while, or as a result of, being such passengers.
(b) A policy issued in the name of any volunteer fire
department, first aid or ambulance squad or volunteer police
organization, which shall be deemed the policyholder, and
covering all the members of any such organization against
loss from accidents resulting from hazards incidental to
duties in connection with such organizations.
(c) A policy issued in the name of any established
organization whether incorporated or not, having community
recognition and operated for the welfare of the community
and its members and not for profit, which shall be deemed
the policyholder, and covering all volunteer workers who
serve without pecuniary compensation and the members of
the organization, against loss from accidents occurring while
engaged in the actual performance of duties on behalf of
such organization or in the activities thereof.
(d) A policy issued to an employer, who shall be
deemed the policyholder, covering any group of employees
defined by reference to exceptional hazards incident to such
employment, insuring such employees against death or
bodily injury resulting while, or from, being exposed to such
exceptional hazards.
(e) A policy covering students or employees issued to
a college, school, or other institution of learning or to the
head or principal thereof, who or which shall be deemed the
policyholder.
(f) A policy or contract issued to any other substantially
similar group, which, in the commissioner’s discretion, may
be subject to the insurance of a blanket disability policy or
contract.
(2) Nothing contained in this section shall be deemed to
affect the liability of policyholders for the death of, or injury
to, any such members of such group.
(3) Individual applications shall not be required from
individuals covered under a blanket disability insurance
[Title 48 RCW—page 125]
48.21.040
Title 48 RCW: Insurance
contract. [1959 c 225 § 7; 1947 c 79 § .21.04; Rem. Supp.
1947 § 45.21.04.]
48.21.045 Mandatory offering providing basic
health plan benefits for employers with fewer than
twenty-five employees—Exemption from statutory
requirements—Premium rates—Requirements for
providing coverage for small employers—Definitions.
(1)(a) An insurer offering any health benefit plan to a small
employer shall offer and actively market to the small employer a health benefit plan providing benefits identical to
the schedule of covered health services that are required to
be delivered to an individual enrolled in the basic health
plan. Nothing in this subsection shall preclude an insurer
from offering, or a small employer from purchasing, other
health benefit plans that may have more or less comprehensive benefits than the basic health plan, provided such plans
are in accordance with this chapter. An insurer offering a
health benefit plan that does not include benefits in the basic
health plan shall clearly disclose these differences to the
small employer in a brochure approved by the commissioner.
(b) A health benefit plan shall provide coverage for
hospital expenses and services rendered by a physician
licensed under chapter 18.57 or 18.71 RCW but is not subject to the requirements of RCW 48.21.130, 48.21.140,
48.21.141, 48.21.142, 48.21.144, 48.21.146, 48.21.160
through 48.21.197, 48.21.200, 48.21.220, 48.21.225,
48.21.230, 48.21.235, 48.21.240, 48.21.244, 48.21.250,
48.21.300, 48.21.310, or 48.21.320 if: (i) The health benefit
plan is the mandatory offering under (a) of this subsection
that provides benefits identical to the basic health plan, to
the extent these requirements differ from the basic health
plan; or (ii) the health benefit plan is offered to employers
with not more than twenty-five employees.
(2) Nothing in this section shall prohibit an insurer from
offering, or a purchaser from seeking, benefits in excess of
the basic health plan services. All forms, policies, and
contracts shall be submitted for approval to the commissioner, and the rates of any plan offered under this section shall
be reasonable in relation to the benefits thereto.
(3) Premium rates for health benefit plans for small
employers as defined in this section shall be subject to the
following provisions:
(a) The insurer shall develop its rates based on an
adjusted community rate and may only vary the adjusted
community rate for:
(i) Geographic area;
(ii) Family size;
(iii) Age; and
(iv) Wellness activities.
(b) The adjustment for age in (a)(iii) of this subsection
may not use age brackets smaller than five-year increments,
which shall begin with age twenty and end with age sixtyfive. Employees under the age of twenty shall be treated as
those age twenty.
(c) The insurer shall be permitted to develop separate
rates for individuals age sixty-five or older for coverage for
which medicare is the primary payer and coverage for which
medicare is not the primary payer. Both rates shall be
subject to the requirements of this subsection (3).
[Title 48 RCW—page 126]
(d) The permitted rates for any age group shall be no
more than four hundred twenty-five percent of the lowest
rate for all age groups on January 1, 1996, four hundred
percent on January 1, 1997, and three hundred seventy-five
percent on January 1, 2000, and thereafter.
(e) A discount for wellness activities shall be permitted
to reflect actuarially justified differences in utilization or cost
attributed to such programs not to exceed twenty percent.
(f) The rate charged for a health benefit plan offered
under this section may not be adjusted more frequently than
annually except that the premium may be changed to reflect:
(i) Changes to the enrollment of the small employer;
(ii) Changes to the family composition of the employee;
(iii) Changes to the health benefit plan requested by the
small employer; or
(iv) Changes in government requirements affecting the
health benefit plan.
(g) Rating factors shall produce premiums for identical
groups that differ only by the amounts attributable to plan
design, with the exception of discounts for health improvement programs.
(h) For the purposes of this section, a health benefit plan
that contains a restricted network provision shall not be
considered similar coverage to a health benefit plan that does
not contain such a provision, provided that the restrictions of
benefits to network providers result in substantial differences
in claims costs. This subsection does not restrict or enhance
the portability of benefits as provided in RCW 48.43.015.
(i) Adjusted community rates established under this
section shall pool the medical experience of all small groups
purchasing coverage.
(4) The health benefit plans authorized by this section
that are lower than the required offering shall not supplant
or supersede any existing policy for the benefit of employees
in this state. Nothing in this section shall restrict the right
of employees to collectively bargain for insurance providing
benefits in excess of those provided herein.
(5)(a) Except as provided in this subsection, requirements used by an insurer in determining whether to provide
coverage to a small employer shall be applied uniformly
among all small employers applying for coverage or receiving coverage from the carrier.
(b) An insurer shall not require a minimum participation
level greater than:
(i) One hundred percent of eligible employees working
for groups with three or less employees; and
(ii) Seventy-five percent of eligible employees working
for groups with more than three employees.
(c) In applying minimum participation requirements with
respect to a small employer, a small employer shall not
consider employees or dependents who have similar existing
coverage in determining whether the applicable percentage
of participation is met.
(d) An insurer may not increase any requirement for
minimum employee participation or modify any requirement
for minimum employer contribution applicable to a small
employer at any time after the small employer has been
accepted for coverage.
(6) An insurer must offer coverage to all eligible
employees of a small employer and their dependents. An
insurer may not offer coverage to only certain individuals or
dependents in a small employer group or to only part of the
(2002 Ed.)
Group and Blanket Disability Insurance
group. An insurer may not modify a health plan with
respect to a small employer or any eligible employee or
dependent, through riders, endorsements or otherwise, to
restrict or exclude coverage or benefits for specific diseases,
medical conditions, or services otherwise covered by the
plan.
(7) As used in this section, "health benefit plan," "small
employer," "basic health plan," "adjusted community rate,"
and "wellness activities" mean the same as defined in RCW
48.43.005. [1995 c 265 § 14; 1990 c 187 § 2.]
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
Finding—Intent—1990 c 187: "The legislature finds that the rising
cost of comprehensive group health coverage is exceeding the affordability
of many small businesses and their employees. The legislature further finds
that certain public policies have an adverse impact on the cost of such
coverage. It is therefore the intent of the legislature to reduce costs by
authorizing the development of basic hospital and medical coverage for
small groups." [1990 c 187 § 1.]
Severability—1990 c 187: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 187 § 6.]
48.21.047 Requirements for plans offered to small
employers—Definitions. (1) No insurer shall offer any
health benefit plan to any small employer without complying
with the provisions of *RCW 48.21.045(5).
(2) Employers purchasing health plans provided through
associations or through member-governed groups formed
specifically for the purpose of purchasing health care shall
not be considered small employers and such plans shall not
be subject to the provisions of *RCW 48.21.045(5).
(3) For purposes of this section, "health benefit plan,"
"health plan," and "small employer" mean the same as
defined in RCW 48.43.005. [1995 c 265 § 22.]
*Reviser’s note: This reference was inadvertently changed during the
bill drafting process. The correct reference should be RCW 48.21.045(3).
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
48.21.050 Standard provisions required. Every
policy of group or blanket disability insurance shall contain
in substance the provisions as set forth in RCW 48.21.060 to
48.21.090, inclusive, or provisions which in the opinion of
the commissioner are more favorable to the individuals
insured, or at least as favorable to such individuals and more
favorable to the policyholder. No such policy of group or
blanket disability insurance shall contain any provision
relative to notice or proof of loss, or to the time for paying
benefits, or to the time within which suit may be brought
upon the policy, which in the opinion of the commissioner
is less favorable to the individuals insured than would be
permitted by the standard provisions required for individual
disability insurance policies. [1947 c 79 § .21.05; Rem.
Supp. 1947 § 45.21.05.]
48.21.060 The contract—Representations. There
shall be a provision that a copy of the application, if any, of
the policyholder shall be attached to the policy when issued;
that all statements made by the policyholder or by the
individuals insured shall in the absence of fraud be deemed
representations and not warranties, and that no statement
(2002 Ed.)
48.21.045
made by any individual insured shall be used in any contest
unless a copy of the instrument containing the statement is
or has been furnished to such individual or to his beneficiary, if any. [1947 c 79 § .21.06; Rem. Supp. 1947 §
45.21.06.]
48.21.070 Payment of premiums. There shall be a
provision that all premiums due under the policy shall be
remitted by the employer or employers of the persons
insured, by the policyholder, or by some other designated
person acting on behalf of the association or group insured,
to the insurer on or before the due date thereof with such
period of grace as may be specified therein. [1947 c 79 §
.21.07; Rem. Supp. 1947 § 45.21.07.]
48.21.075 Payment of premiums by employee in
event of suspension of compensation due to labor dispute.
Any employee whose compensation includes group disability
or blanket disability insurance providing health care services,
the premiums for which are paid in full or in part by an
employer including the state of Washington, its political
subdivisions, or municipal corporations, or paid by payroll
deduction, may pay the premiums as they become due
directly to the policyholder whenever the employee’s
compensation is suspended or terminated directly or indirectly as the result of a strike, lockout, or other labor
dispute, for a period not exceeding six months and at the
rate and coverages as the policy provides. During that
period of time the policy may not be altered or changed.
Nothing in this section shall be deemed to impair the right
of the insurer to make normal decreases or increases of the
premium rate upon expiration and renewal of the policy, in
accordance with the provisions of the policy. Thereafter, if
such insurance coverage is no longer available, then the employee shall be given the opportunity to purchase an individual policy at a rate consistent with rates filed by the insurer
with the commissioner. When the employee’s compensation
is so suspended or terminated, the employee shall be notified
immediately by the policyholder in writing, by mail addressed to the address last on record with the policyholder,
that the employee may pay the premiums to the policyholder
as they become due as provided in this section.
Payment of the premiums must be made when due or
the insurance coverage may be terminated by the insurer.
The provisions of any insurance policy contrary to
provisions of this section are void and unenforceable after
May 29, 1975. [1975 1st ex.s. c 117 § 1.]
Severability—1975 1st ex.s. c 117: "If any provision of this 1975
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1975 1st ex.s. c 117 § 4.]
48.21.080 Certificates of coverage. In group disability insurance policies there shall be a provision that the
insurer shall issue to the employer, the policyholder, or other
person or association in whose name such policy is issued,
for delivery to each insured employee or member, a certificate setting forth in summary form a statement of the
essential features of the insurance coverage, and to whom
the benefits thereunder are payable described by name,
relationship, or reference to the insurance records of the
[Title 48 RCW—page 127]
48.21.080
Title 48 RCW: Insurance
policyholder or insurer. If family members are insured, only
one certificate need be issued for each family. This section
shall not apply to blanket disability insurance policies.
[1961 c 194 § 6; 1947 c 79 § .21.08; Rem. Supp. 1947 §
45.21.08.]
48.21.090 Age limitations. There shall be a provision
specifying the ages, if any there be, to which the insurance
provided therein shall be limited; and the ages, if any there
be, for which additional restrictions are placed on benefits,
and the additional restrictions placed on the benefits at such
ages. [1947 c 79 § .21.09; Rem. Supp. 1947 § 45.21.09.]
48.21.100 Examination and autopsy. There may be
a provision that the insurer shall have the right and opportunity to examine the person of the insured employee, member
or dependent when and so often as it may reasonably require
during the pendency of claim under the policy and also the
right and opportunity to make an autopsy in case of death
where it is not prohibited by law. [1947 c 79 § .21.10; Rem.
Supp. 1947 § 45.21.10.]
48.21.110 Payment of benefits. The benefits payable
under any policy or contract of group or blanket disability
insurance shall be payable to the employee or other insured
member of the group or to the beneficiary designated by
him, other than the policyholder, employer or the association
or any officer thereof as such, subject to provisions of the
policy in the event there is no designated beneficiary as to
all or any part of any sum payable at the death of the
individual insured.
The policy may provide that any hospital, medical, or
surgical benefits thereunder may be made payable jointly to
the insured employee or member and the person furnishing
such hospital, medical, or surgical services. [1955 c 303 §
17; 1947 c 79 § .21.11; Rem. Supp. 1947 § 45.21.11.]
48.21.120 Readjustment of premiums—Dividends.
Any contract of group disability insurance may provide for
the readjustment of the rate of premium based on the experience thereunder at the end of the first year or of any
subsequent year of insurance thereunder, and such readjustment may be made retroactive only for such policy year.
Any refund under any plan for readjustment of the rate of
premium based on the experience under group policies
heretofore or hereafter issued, and any dividend paid under
such policies may be used to reduce the employer’s share of
the cost of the coverage, except that if the aggregate refunds
or dividends under such group policy and any other group
policy or contract issued to the policyholder exceed the
aggregate contributions of the employer toward the cost of
the coverages, such excess shall be applied by the policyholder for the sole benefit of insured employees. [1947 c 79
§ .21.12; Rem. Supp. 1947 § 45.21.12.]
48.21.130 Chiropody. Notwithstanding any provision
of any group disability insurance contract or blanket disability insurance contract, benefits shall not be denied thereunder
for any medical or surgical service performed by a holder of
a license issued pursuant to chapter 18.22 RCW provided
that (1) the service performed was within the lawful scope
[Title 48 RCW—page 128]
of such person’s license, and (2) such contract would have
provided benefits if such service had been performed by a
holder of a license issued pursuant to chapter 18.71 RCW.
[1963 c 87 § 2.]
Application—1963 c 87: Nonapplicability to prior contracts and
certain renewals, see note following RCW 48.20.390.
48.21.140 Optometry. Notwithstanding any provision
of any group disability insurance contract or blanket disability insurance contract, benefits shall not be denied thereunder
for any eye care service rendered by a holder of a license
issued pursuant to chapter 18.53 RCW, provided, that (1) the
service rendered was within the lawful scope of such
person’s license, and (2) such contract would have provided
the benefits for such service if rendered by a holder of a
license issued pursuant to chapter 18.71 RCW. [1965 c 149
§ 3.]
Construction—1965 c 149: Nonapplicability to prior contracts and
certain renewals, see note following RCW 48.20.410.
48.21.141 Registered nurses or advanced registered
nurses. Notwithstanding any provision of any group
disability insurance contract or blanket disability insurance
contract as provided for in this chapter, benefits shall not be
denied thereunder for any health service performed by a
holder of a license for registered nursing practice or advanced registered nursing practice issued pursuant to chapter
18.79 RCW if (1) the service performed was within the lawful scope of such person’s license, and (2) such contract
would have provided benefits if such service had been
performed by a holder of a license issued pursuant to chapter
18.71 RCW: PROVIDED, HOWEVER, That no provision
of chapter 18.71 RCW shall be asserted to deny benefits
under this section.
The provisions of this section are intended to be
remedial and procedural to the extent they do not impair the
obligation of any existing contract. [1994 sp.s. c 9 § 730;
1973 1st ex.s. c 188 § 4.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1973 1st ex.s. c 188: See note following RCW
48.18.298.
48.21.142 Chiropractic. Notwithstanding any
provision of any group disability insurance contract or
blanket disability insurance contract as provided for in this
chapter, benefits shall not be denied thereunder for any
health service performed by a holder of a license issued
pursuant to chapter 18.25 RCW if (1) the service performed
was within the lawful scope of such person’s license, and (2)
such contract would have provided benefits if such service
had been performed by a holder of a license issued pursuant
to chapter 18.71 RCW: PROVIDED, HOWEVER, That no
provision of chapter 18.71 RCW shall be asserted to deny
benefits under this section.
The provisions of this section are intended to be
remedial and procedural to the extent they do not impair the
obligation of any existing contract. [1971 ex.s. c 13 § 2.]
48.21.143 Diabetes coverage. The legislature finds
that diabetes imposes a significant health risk and tremen(2002 Ed.)
Group and Blanket Disability Insurance
dous financial burden on the citizens and government of the
state of Washington, and that access to the medically
accepted standards of care for diabetes, its treatment and
supplies, and self-management training and education is
crucial to prevent or delay the short and long-term complications of diabetes and its attendant costs.
(1) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Person with diabetes" means a person diagnosed by
a health care provider as having insulin using diabetes,
noninsulin using diabetes, or elevated blood glucose levels
induced by pregnancy; and
(b) "Health care provider" means a health care provider
as defined in RCW 48.43.005.
(2) All group disability insurance contracts and blanket
disability insurance contracts providing health care services,
issued or renewed after January 1, 1998, shall provide
benefits for at least the following services and supplies for
persons with diabetes:
(a) For group disability insurance contracts and blanket
disability insurance contracts that include coverage for
pharmacy services, appropriate and medically necessary
equipment and supplies, as prescribed by a health care
provider, that includes but is not limited to insulin, syringes,
injection aids, blood glucose monitors, test strips for blood
glucose monitors, visual reading and urine test strips, insulin
pumps and accessories to the pumps, insulin infusion
devices, prescriptive oral agents for controlling blood sugar
levels, foot care appliances for prevention of complications
associated with diabetes, and glucagon emergency kits; and
(b) For all group disability insurance contracts and
blanket disability insurance contracts providing health care
services, outpatient self-management training and education,
including medical nutrition therapy, as ordered by the health
care provider. Diabetes outpatient self-management training
and education may be provided only by health care providers
with expertise in diabetes. Nothing in this section prevents
the insurer from restricting patients to seeing only health
care providers who have signed participating provider
agreements with the insurer or an insuring entity under
contract with the insurer.
(3) Coverage required under this section may be subject
to customary cost-sharing provisions established for all other
similar services or supplies within a policy.
(4) Health care coverage may not be reduced or eliminated due to this section.
(5) Services required under this section shall be covered
when deemed medically necessary by the medical director,
or his or her designee, subject to any referral and formulary
requirements.
(6) The insurer need not include the coverage required
in this section in a group contract offered to an employer or
other group that offers to its eligible enrollees a self-insured
health plan not subject to mandated benefits status under this
title that does not offer coverage similar to that mandated
under this section.
(7) This section does not apply to the health benefit plan
that provides benefits identical to the schedule of services
covered by the basic health plan, as required by RCW
48.21.045. [1997 c 276 § 3.]
Effective date—1997 c 276: See note following RCW 41.05.185.
(2002 Ed.)
48.21.143
48.21.144 Psychological services. Notwithstanding
any provision of any group disability insurance contract or
blanket disability insurance contract, benefits shall not be
denied thereunder for any psychological service rendered by
a holder of a license issued pursuant to chapter 18.83 RCW:
PROVIDED, That (1) the service rendered was within the
lawful scope of such person’s license, and (2) such contract
would have provided the benefits for such service if rendered
by a holder of a license issued pursuant to chapter 18.71
RCW. [1971 ex.s. c 197 § 2.]
Application—1971 ex.s. c 197: See note following RCW 48.20.414.
48.21.146 Dentistry. Notwithstanding any provision
of any group disability insurance contract or blanket disability insurance contract as provided for in this chapter, benefits
shall not be denied thereunder for any health service performed by a holder of a license issued pursuant to chapter
18.32 RCW if (1) the service performed was within the
lawful scope of such person’s license, and (2) such contract
would have provided benefits if such service had been
performed by a holder of a license issued pursuant to chapter
18.71 RCW: PROVIDED, HOWEVER, That no provision
of chapter 18.71 RCW shall be asserted to deny benefits
under this section.
The provisions of this section are intended to be
remedial and procedural to the extent they do not impair the
obligation of any existing contract. [1974 ex.s. c 42 § 2.]
48.21.148 Denturist services. Notwithstanding any
provision of any group disability insurance contract or
blanket disability insurance contract covering dental care as
provided for in this chapter, effective January 1, 1995,
benefits shall not be denied thereunder for any service
performed by a denturist licensed under chapter 18.30 RCW
if (1) the service performed was within the lawful scope of
such person’s license, and (2) such contract would have
provided benefits if such service had been performed by a
dentist licensed under chapter 18.32 RCW. [1995 c 1 § 22
(Initiative Measure No. 607, approved November 8, 1994).]
Short title—Severability—1995 c 1 (Initiative Measure No. 607):
See RCW 18.30.900 and 18.30.901.
48.21.150 Dependent child coverage—Continuation
for incapacity. Any group disability insurance contract or
blanket disability insurance contract, providing health care
services, delivered or issued for delivery in this state more
than one hundred twenty days after August 11, 1969, which
provides that coverage of a dependent child of an employee
or other member of the covered group shall terminate upon
attainment of the limiting age for dependent children
specified in the contract shall also provide in substance that
attainment of such limiting age shall not operate to terminate
the coverage of such child while the child is and continues
to be both (1) incapable of self-sustaining employment by
reason of developmental disability or physical handicap and
(2) chiefly dependent upon the employee or member for
support and maintenance, provided proof of such incapacity
and dependency is furnished to the insurer by the employee
or member within thirty-one days of the child’s attainment
of the limiting age and subsequently as may be required by
[Title 48 RCW—page 129]
48.21.150
Title 48 RCW: Insurance
the insurer, but not more frequently than annually after the
two year period following the child’s attainment of the
limiting age. [1977 ex.s. c 80 § 32; 1969 ex.s. c 128 § 4.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
48.21.155 Dependent child coverage—From moment
of birth—Congenital anomalies—Notification of birth.
(1) Any group disability insurance contract except blanket
disability insurance contract, providing hospital and medical
expenses and health care services, renewed, delivered or
issued for delivery in this state more than one hundred
twenty days after February 16, 1974, which provides
coverage for the dependent children of persons in the insured
group, shall provide coverage for newborn infant children of
persons in the insured group from and after the moment of
birth. Coverage provided in accord with this section shall
include, but not be limited to, coverage for congenital
anomalies of such infant children from the moment of birth.
(2) If payment of an additional premium is required to
provide coverage for a child, the contract may require that
notification of birth of a newly born child and payment of
the required premium must be furnished to the insurer. The
notification period shall be no less than sixty days from the
date of birth. This subsection applies to policies issued or
renewed on or after January 1, 1984. [1983 1st ex.s. c 32 §
20; 1974 ex.s. c 139 § 2.]
48.21.160 Chemical dependency benefits—
Legislative declaration. The legislature recognizes that
chemical dependency is a disease and, as such, warrants the
same attention from the health care industry as other
similarly serious diseases warrant; the legislature further
recognizes that health insurance contracts and contracts for
health care services include inconsistent provisions providing
benefits for the treatment of chemical dependency. In order
to assist the many citizens of this state who suffer from the
disease of chemical dependency, and who are presently
effectively precluded from obtaining adequate coverage for
medical assistance under the terms of their health insurance
contract or health care service contract, the legislature hereby
declares that provisions providing benefits for the treatment
of chemical dependency shall be included in new contracts
and that this section, RCW 48.21.180, 48.21.190, 48.44.240,
48.46.350, and RCW 48.21.195, 48.44.245, and 48.46.355
are necessary for the protection of the public health and
safety. Nothing in this section, RCW 48.21.180, 48.21.190,
48.44.240, 48.46.350, and RCW 48.21.195, 48.44.245, and
48.46.355 shall be construed to relieve any person of any
civil or criminal liability for any act or omission that is the
result of a chemical dependency or to grant any person with
a chemical dependency any special right, privilege, or status
under the law against discrimination, chapter 49.60 RCW.
[1987 c 458 § 13; 1974 ex.s. c 119 § 1.]
Effective date—1987 c 458 §§ 13-20: "Sections 13 through 20 of
this act shall take effect on January 1, 1988." [1987 c 458 § 24.]
Severability—1987 c 458: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 458 § 25.]
[Title 48 RCW—page 130]
48.21.180 Chemical dependency benefits—Contracts
issued or renewed after January 1, 1988. Each group
disability insurance contract which is delivered or issued for
delivery or renewed, on or after January 1, 1988, and which
insures for hospital or medical care shall contain provisions
providing benefits for the treatment of chemical dependency
rendered to the insured by a provider which is an "approved
treatment facility or program" under *RCW 70.96A.020(3).
[1990 1st ex.s. c 3 § 7; 1987 c 458 § 14; 1974 ex.s. c 119
§ 3.]
*Reviser’s note: RCW 70.96A.020(3) defines "approved treatment
program."
Effective date—Severability—1987 c 458: See notes following
RCW 48.21.160.
48.21.190 Chemical dependency benefits—RCW
48.21.160 through 48.21.190, 48.44.240 inapplicable,
when. RCW 48.21.160 through 48.21.190 and 48.44.240 as
now or hereafter amended shall not apply to the renewal of
a contract in force prior to the pertinent date provided for
such contract under RCW 48.21.160 through 48.21.190 and
48.44.240 as now or hereafter amended where there exists a
right of renewal on the part of the insured or subscriber
without any change in any provision of the contract:
PROVIDED FURTHER, That RCW 48.21.160 through
48.21.190 and 48.44.240 as now or hereafter amended shall
not apply to contracts which provide only accident coverage,
nor to any contract written as supplemental coverage to any
federal or state programs of health care including, but not
limited to, Title XVIII health insurance for the aged (commonly referred to as Medicare, Parts A and B), and
amendments thereto. [1975 1st ex.s. c 266 § 10; 1974 ex.s.
c 119 § 5.]
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.21.195 "Chemical dependency" defined. For the
purposes of RCW 48.21.160 and 48.21.180 "chemical
dependency" means an illness characterized by a physiological or psychological dependency, or both, on a controlled
substance regulated under chapter 69.50 RCW and/or
alcoholic beverages. It is further characterized by a frequent
or intense pattern of pathological use to the extent the user
exhibits a loss of self-control over the amount and circumstances of use; develops symptoms of tolerance or physiological and/or psychological withdrawal if use of the controlled
substance or alcoholic beverage is reduced or discontinued;
and the user’s health is substantially impaired or endangered
or his or her social or economic function is substantially
disrupted. [1987 c 458 § 15.]
Effective date—Severability—1987 c 458: See notes following
RCW 48.21.160.
48.21.197 Chemical dependency benefits—Rules.
By September 1, 1987, the insurance commissioner shall
adopt rules governing benefits for treatment of chemical
dependency under medical plans issued under chapters 48.21,
48.44, and 48.46 RCW. These rules shall recognize that
many persons are dependent on both alcohol and drugs; they
shall prohibit the stacking of benefits and shall require that
benefits for chemical dependency be equivalent to benefits
previously required for alcoholism. [1987 c 458 § 21.]
(2002 Ed.)
Group and Blanket Disability Insurance
Severability—1987 c 458: See note following RCW 48.21.160.
48.21.200 Group disability, health care service
contract, health maintenance agreement—Reduction or
refusal of benefits on basis of other existing coverages.
(1) No individual or group disability insurance policy, health
care service contract, or health maintenance agreement which
provides benefits for hospital, medical, or surgical expenses
shall be delivered or issued for delivery in this state which
contains any provision whereby the insurer, contractor, or
health maintenance organization may reduce or refuse to pay
such benefits otherwise payable thereunder solely on account
of the existence of similar benefits provided under any
disability insurance policy, health care service contract, or
health maintenance agreement.
(2) No individual or group disability insurance policy,
health care service contract, or health maintenance agreement
providing hospital, medical or surgical expense benefits and
which contains a provision for the reduction of benefits
otherwise payable or available thereunder on the basis of
other existing coverages, shall provide that such reduction
will operate to reduce total benefits payable below an
amount equal to one hundred percent of total allowable
expenses exclusive of copayments, deductibles, and other
similar cost-sharing arrangements.
(3) The commissioner shall by rule establish guidelines
for the application of this section, including:
(a) The procedures by which persons covered under
such policies, contracts, and agreements are to be made
aware of the existence of such a provision;
(b) The benefits which may be subject to such a
provision;
(c) The effect of such a provision on the benefits
provided;
(d) Establishment of the order of benefit determination;
(e) Exceptions necessary to preserve policy, contract, or
agreement requirements for use of particular health care
facilities or providers; and
(f) Reasonable claim administration procedures to
expedite claim payments and prevent duplication of payments or benefits under such a provision. [1993 c 492 §
282. Prior: 1983 c 202 § 16; 1983 c 106 § 24; 1975 1st
ex.s. c 266 § 20.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.21.220 Home health care, hospice care, optional
coverage required—Standards, limitations, restrictions—
Rules—Medicare supplemental contracts excluded. (1)
Every insurer entering into or renewing group or blanket
disability insurance policies governed by this chapter shall
offer optional coverage for home health care and hospice
care for persons who are homebound and would otherwise
require hospitalization. Such optional coverage need only be
offered in conjunction with a policy that provides payment
for hospitalization as a part of health care coverage.
(2) Home health care and hospice care coverage offered
under subsection (1) of this section shall conform to the
(2002 Ed.)
48.21.197
following standards, limitations, and restrictions in addition
to those set forth in chapter 70.126 RCW:
(a) The coverage may include reasonable deductibles,
coinsurance provisions, and internal maximums;
(b) The coverage should be structured to create incentives for the use of home health care and hospice care as an
alternative to hospitalization;
(c) The coverage may contain provisions for utilization
review and quality assurance;
(d) The coverage may require that home health agencies
and hospices have written treatment plans approved by a
physician licensed under chapter 18.57 or 18.71 RCW, and
may require such treatment plans to be reviewed at designated intervals;
(e) The coverage shall provide benefits for, and restrict
benefits to, services rendered by home health and hospice
agencies licensed by the department of social and health
services;
(f) Hospice care coverage shall provide benefits for
terminally ill patients for an initial period of care of not less
than six months and may provide benefits for an additional
six months of care in cases where the patient is facing
imminent death or is entering remission if certified in writing
by the attending physician;
(g) Home health care coverage shall provide benefits for
a minimum of one hundred thirty health care visits per
calendar year. However, a visit of any duration by an
employee of a home health agency for the purpose of
providing services under the plan of treatment constitutes
one visit;
(h) The coverage may be structured so that services or
supplies included in the primary contract are not duplicated
in the optional home health and hospice coverage.
(3) The insurance commissioner shall adopt any rules
necessary to implement this section.
(4) The requirements of this section shall not apply to
contracts or policies governed by chapter 48.66 RCW.
(5) An insurer, as a condition of reimbursement, may
require compliance with home health and hospice certification regulations established by the United States department
of health and human services. [1988 c 245 § 31; 1984 c 22
§ 1; 1983 c 249 § 1.]
Effective date—Implementation—Severability—1988 c 245: See
RCW 70.127.900 and 70.127.902.
Effective date—1984 c 22: "This act shall take effect July 1, 1984."
[1984 c 22 § 8.]
Effective date—1983 c 249: See note following RCW 70.126.001.
Home health care, hospice care, rules: Chapter 70.126 RCW.
48.21.225 Mammograms—Insurance coverage.
Each group disability insurance policy issued or renewed
after January 1, 1990, that provides coverage for hospital or
medical expenses shall provide coverage for screening or
diagnostic mammography services, provided that such
services are delivered upon the recommendation of the
patient’s physician or advanced registered nurse practitioner
as authorized by the nursing care quality assurance commission pursuant to chapter 18.79 RCW or physician assistant
pursuant to chapter 18.71A RCW.
This section shall not be construed to prevent the
application of standard policy provisions applicable to other
benefits such as deductible or copayment provisions. This
[Title 48 RCW—page 131]
48.21.225
Title 48 RCW: Insurance
section does not limit the authority of an insurer to negotiate
rates and contract with specific providers for the delivery of
mammography services. This section shall not apply to
medicare supplement policies or supplemental contracts
covering a specified disease or other limited benefits. [1994
sp.s. c 9 § 731; 1989 c 338 § 2.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
48.21.230 Reconstructive breast surgery. (1) Each
group disability insurance contract issued or renewed after
July 24, 1983, which insures for hospital or medical care
shall provide coverage for reconstructive breast surgery
resulting from a mastectomy which resulted from disease,
illness, or injury.
(2) Each group disability insurance contract issued or renewed after January 1, 1986, which insures for hospital or
medical care shall provide coverage for all stages of one
reconstructive breast reduction on the nondiseased breast to
make it equal in size with the diseased breast after definitive
reconstructive surgery on the diseased breast has been
performed. [1985 c 54 § 6; 1983 c 113 § 2.]
Effective date—1985 c 54: See note following RCW 48.20.397.
48.21.235 Mastectomy, lumpectomy. No person
engaged in the business of insurance under this chapter may
refuse to issue any contract of insurance or cancel or decline
to renew the contract solely because of a mastectomy or
lumpectomy performed on the insured or prospective insured
more than five years previously. The amount of benefits
payable, or any term, rate, condition, or type of coverage
shall not be restricted, modified, excluded, increased, or reduced solely on the basis of a mastectomy or lumpectomy
performed on the insured or prospective insured more than
five years previously. [1985 c 54 § 2.]
Effective date—1985 c 54: See note following RCW 48.20.397.
48.21.240 Mental health treatment, optional supplemental coverage—Waiver. (1) Each group insurer providing disability insurance coverage in this state for hospital or
medical care under contracts which are issued, delivered, or
renewed in this state on or after July 1, 1986, shall offer
optional supplemental coverage for mental health treatment
for the insured and the insured’s covered dependents.
(2) Benefits shall be provided under the optional
supplemental coverage for mental health treatment whether
treatment is rendered by: (a) A physician licensed under
chapter 18.71 or 18.57 RCW; (b) a psychologist licensed
under chapter 18.83 RCW; (c) a community mental health
agency licensed by the department of social and health services pursuant to chapter 71.24 RCW; or (d) a state hospital
as defined in RCW 72.23.010. The treatment shall be
covered at the usual and customary rates for such treatment.
The insurer, health care service contractor, or health maintenance organization providing optional coverage under the
provisions of this section for mental health services may
establish separate usual and customary rates for services
rendered by physicians licensed under chapter 18.71 or 18.57
RCW, psychologists licensed under chapter 18.83 RCW, and
community mental health centers licensed under chapter
71.24 RCW and state hospitals as defined in RCW
[Title 48 RCW—page 132]
72.23.010. However, the treatment may be subject to
contract provisions with respect to reasonable deductible
amounts or copayments. In order to qualify for coverage
under this section, a licensed community mental health
agency shall have in effect a plan for quality assurance and
peer review, and the treatment shall be supervised by a
physician licensed under chapter 18.71 or 18.57 RCW or by
a psychologist licensed under chapter 18.83 RCW.
(3) The group disability insurance contract may provide
that all the coverage for mental health treatment is waived
for all covered members if the contract holder so states in
advance in writing to the insurer.
(4) This section shall not apply to a group disability
insurance contract that has been entered into in accordance
with a collective bargaining agreement between management
and labor representatives prior to March 1, 1987. [1987 c
283 § 3; 1986 c 184 § 2; 1983 c 35 § 1.]
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
Legislative intent—1986 c 184: "It is the intent of the legislature that
all insurers, health care service contractors, and health maintenance
organizations that provide health care coverage in the state shall offer the
option of including mental health treatment in their health benefit plans.
Further it is the intent of the legislature that all mental health care benefit
plans shall provide reimbursement for mental health treatment by every type
of provider listed as follows: Physicians licensed under chapter 18.71 or
18.57 RCW, psychologists licensed under chapter 18.83 RCW, and
community mental health agencies licensed under chapter 71.24 RCW."
[1986 c 184 § 1.]
Effective date—1986 c 184: "This act shall take effect March 1,
1987." [1986 c 184 § 5.]
Severability—1986 c 184: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 184 § 6.]
Effective date—1983 c 35: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1983." [1983 c 35 § 5.]
Severability—1983 c 35: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 35 § 4.]
48.21.242 Mental health treatment—Waiver of
preauthorization for persons involuntarily committed.
An insurer providing group disability insurance coverage for
health care in this state shall waive a preauthorization
requirement from the insurer before an insured or the
insured’s covered dependents receive mental health care and
treatment rendered by a state hospital if the insured or any
of the insured’s covered dependents are involuntarily
committed to a state hospital as defined in RCW 72.23.010.
[1993 c 272 § 3.]
Savings—Severability—1993 c 272: See notes following RCW
43.20B.347.
48.21.244 Benefits for prenatal diagnosis of congenital disorders—Contracts entered into or renewed on or
after January 1, 1990. On or after January 1, 1990, every
group disability contract entered into or renewed that covers
hospital, medical, or surgical expenses on a group basis, and
which provides benefits for pregnancy, childbirth, or related
medical conditions to enrollees of such groups, shall offer
benefits for prenatal diagnosis of congenital disorders of the
(2002 Ed.)
Group and Blanket Disability Insurance
fetus by means of screening and diagnostic procedures
during pregnancy to such enrollees when those services are
determined to be medically necessary by the disability
contractor in accord with standards set in rule by the board
of health. Every group disability contractor shall communicate the availability of such coverage to all group disability
contract holders and to all groups with whom they are
negotiating. [1988 c 276 § 6.]
Prenatal testing—Limitation on changes to coverage: RCW 48.42.090.
48.21.250 Continuation option to be offered. Every
insurer that issues policies providing group coverage for
hospital or medical expense shall offer the policyholder an
option to include a policy provision granting a person who
becomes ineligible for coverage under the group policy, the
right to continue the group benefits for a period of time and
at a rate agreed upon. The policy provision shall provide
that when such coverage terminates, the covered person may
convert to a policy as provided in RCW 48.21.260. [1984
c 190 § 2.]
Legislative intent—1984 c 190: "The legislature recognizes that
when people covered by a group health insurance policy lose their group
insurance benefits because they are no longer eligible, they need time to
obtain a suitable form of replacement coverage or time to complete a
reasonable course of medical treatment for a health condition that existed
when the group benefits ended.
Spouses and dependents can lose their group insurance and may not
have any other health insurance when one spouse covered under a group
policy dies, obtains a divorce, or becomes unemployed. Often the cost of
an individual policy prevents these persons from obtaining any other health
insurance.
The intent of this act is to require insurers, health care service
contractors, and health maintenance organizations to:
(1) Offer to the contract holder the option to continue health and
medical benefits for employees, members, spouses, or dependents whose
eligibility for coverage under a group policy, contract, or agreement is
terminated; and
(2) Provide a conversion policy, contract, or agreement to employees,
members, spouses, or dependents whose eligibility for coverage under a
group policy, contract, or agreement is terminated." [1984 c 190 § 1.]
Application—1984 c 190 §§ 2, 5, and 8: "Sections 2, 5, and 8 of
this act shall apply to any policy, contract, or agreement issued, renewed,
or amended on or after January 1, 1985." [1984 c 190 § 12.]
Severability—1984 c 190: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 190 § 13.]
48.21.260 Conversion policy to be offered—
Exceptions, conditions. (1) Except as otherwise provided
by this section, any group disability insurance policy issued,
renewed, or amended on or after January 1, 1985, that
provides benefits for hospital or medical expenses shall
contain a provision granting a person covered by the group
policy the right to obtain a conversion policy from the
insurer upon termination of the person’s eligibility for
coverage under the group policy.
(2) An insurer need not offer a conversion policy to:
(a) A person whose coverage under the group policy
ended when the person’s employment or membership was
terminated for misconduct: PROVIDED, That when a
person’s employment or membership is terminated for
misconduct, a conversion policy shall be offered to the
spouse and/or dependents of the terminated employee or
member. The policy shall include in the conversion provi(2002 Ed.)
48.21.244
sions the same conversion rights and conditions which are
available to employees or members and their spouses and/or
dependents who are terminated for reasons other than
misconduct;
(b) A person who is eligible for federal Medicare
coverage; or
(c) A person who is covered under another group plan,
policy, contract, or agreement providing benefits for hospital
or medical care.
(3) To obtain the conversion policy, a person must
submit a written application and the first premium payment
for the conversion policy not later than thirty-one days after
the date the person’s group coverage terminates. The
conversion policy shall become effective, without lapse of
coverage, immediately following termination of coverage
under the group policy.
(4) If an insurer or group policyholder does not renew,
cancels, or otherwise terminates the group policy, the insurer
shall offer a conversion policy to any person who was
covered under the terminated policy unless the person is
eligible to obtain group hospital or medical expense coverage
within thirty-one days after such nonrenewal, cancellation, or
termination of the group policy.
(5) The insurer shall determine the premium for the
conversion policy in accordance with the insurer’s table of
premium rates applicable to the age and class of risk of each
person to be covered under the policy and the type and
amount of benefits provided. [1984 c 190 § 3.]
Legislative intent—Severability—1984 c 190: See notes following
RCW 48.21.250.
48.21.270 Conversion policy—Restrictions and
requirements. (1) An insurer shall not require proof of
insurability as a condition for issuance of the conversion
policy.
(2) A conversion policy may not contain an exclusion
for preexisting conditions except to the extent that a waiting
period for a preexisting condition has not been satisfied
under the group policy.
(3) An insurer must offer at least three policy benefit
plans that comply with the following:
(a) A major medical plan with a five thousand dollar
deductible and a lifetime benefit maximum of two hundred
fifty thousand dollars per person;
(b) A comprehensive medical plan with a five hundred
dollar deductible and a lifetime benefit maximum of five
hundred thousand dollars per person; and
(c) A basic medical plan with a one thousand dollar
deductible and a lifetime maximum of seventy-five thousand
dollars per person.
(4) The insurance commissioner may revise the deductibles and lifetime benefit amounts in subsection (3) of this
section from time to time to reflect changing health care
costs.
(5) The insurance commissioner shall adopt rules to
establish minimum benefit standards for conversion policies.
(6) The commissioner shall adopt rules to establish
specific standards for conversion policy provisions. These
rules may include but are not limited to:
(a) Terms of renewability;
(b) Nonduplication of coverage;
(c) Benefit limitations, exceptions, and reductions; and
[Title 48 RCW—page 133]
48.21.270
Title 48 RCW: Insurance
(d) Definitions of terms. [1984 c 190 § 4.]
Legislative intent—Severability—1984 c 190: See notes following
RCW 48.21.250.
48.21.280 Coverage for adopted children. (1) Any
group disability insurance contract, except a blanket disability insurance contract, providing hospital and medical
expenses and health care services, delivered or issued for
delivery in this state, which provides coverage for dependent
children, as defined in the contract of the insured, shall cover
adoptive children placed with the insured on the same basis
as other dependents, as provided in RCW 48.01.180.
(2) If payment of an additional premium is required to
provide coverage for a child, the contract may require that
notification of placement of a child for adoption and payment of the required premium must be furnished to the
insurer. The notification period shall be no less than sixty
days from the date of placement. [1986 c 140 § 3.]
Effective date, application—Severability—1986 c 140: See notes
following RCW 48.01.180.
48.21.290 Cancellation of rider. Upon application by
an insured, a rider shall be canceled if at least five years
after its issuance, no health care services have been received
by the insured during that time for the condition specified in
the rider, and a physician, selected by the carrier for that
purpose, agrees in writing to the full medical recovery of the
insured from that condition, such agreement not to be
unreasonably withheld. The option of the insured to apply
for cancellation shall be disclosed on the face of the rider in
clear and conspicuous language.
For purposes of this section, a rider is a legal document
that modifies a contract to exclude, limit, or reduce coverage
or benefits for specifically named or described preexisting
diseases or physical conditions. [1987 c 37 § 2.]
48.21.300 Phenylketonuria. (1) The legislature finds
which is entered into, or renewed, on or after twelve months
after July 23, 1989, shall include coverage for
neurodevelopmental therapies for covered individuals age six
and under.
(2) Benefits provided under this section shall cover the
services of those authorized to deliver occupational therapy,
speech therapy, and physical therapy. Benefits shall be
payable only where the services have been delivered pursuant to the referral and periodic review of a holder of a
license issued pursuant to chapter 18.71 or 18.57 RCW or
where covered services have been rendered by such licensee.
Nothing in this section shall prohibit an insurer from
negotiating rates with qualified providers.
(3) Benefits provided under this section shall be for
medically necessary services as determined by the insurer.
Benefits shall be payable for services for the maintenance of
an insured in cases where significant deterioration in the
patient’s condition would result without the service. Benefits
shall be payable to restore and improve function.
(4) It is the intent of this section that employers purchasing comprehensive health insurance, including the
benefits required by this section, together with the insurer,
retain authority to design and employ utilization and cost
controls. Therefore, benefits delivered under this section
may be subject to contractual provisions regarding deductible
amounts and/or copayments established by the employer
purchasing insurance and the insurer. Benefits provided
under this section may be subject to standard waiting periods
for preexisting conditions, and may be subject to the submission of written treatment plans.
(5) In recognition of the intent expressed in subsection
(4) of this section, benefits provided under this section may
be subject to contractual provisions establishing annual
and/or lifetime benefit limits. Such limits may define the
total dollar benefits available or may limit the number of
services delivered as agreed by the employer purchasing
insurance and the insurer. [1989 c 345 § 2.]
that:
(a) Phenylketonuria is a rare inherited genetic disorder.
(b) Children with phenylketonuria are unable to metabolize an essential amino acid, phenylalanine, which is found
in the proteins of most food.
(c) To remain healthy, children with phenylketonuria
must maintain a strict diet and ingest a mineral and vitaminenriched formula.
(d) Children who do not maintain their diets with the
formula acquire severe mental and physical difficulties.
(e) Originally, the formulas were listed as prescription
drugs but were reclassified as medical foods to increase their
availability.
(2) Subject to requirements and exceptions which may
be established by rules adopted by the commissioner, any
group disability insurance contract delivered or issued for
delivery or renewed in this state on or after September 1,
1988, that insures for hospital or medical expenses shall
provide coverage for the formulas necessary for the treatment of phenylketonuria. [1988 c 173 § 2.]
48.21.310 Neurodevelopmental therapies—
Employer-sponsored group contracts. (1) Each employersponsored group policy for comprehensive health insurance
[Title 48 RCW—page 134]
48.21.320 Temporomandibular joint disorders—
Insurance coverage. (1) Except as provided in this section,
a group disability policy entered into or renewed after December 31, 1989, shall offer optional coverage for the
treatment of temporomandibular joint disorders.
(a) Insurers offering medical coverage only may limit
benefits in such coverages to medical services related to
treatment of temporomandibular joint disorders. Insurers
offering dental coverage only may limit benefits in such
coverage to dental services related to treatment of temporomandibular joint disorders. No insurer offering medical
coverage only may define all temporomandibular joint disorders as purely dental in nature, and no insurer offering dental
coverage only may define all temporomandibular joint
disorders as purely medical in nature.
(b) Insurers offering optional temporomandibular joint
disorder coverage as provided in this section may, but are
not required to, offer lesser or no temporomandibular joint
disorder coverage as part of their basic group disability
contract.
(c) Benefits and coverage offered under this section may
be subject to negotiation to promote broad flexibility in
potential benefit coverage. This flexibility shall apply to
(2002 Ed.)
Group and Blanket Disability Insurance
services to be reimbursed, determination of treatments to be
considered medically necessary, systems through which
services are to be provided, including referral systems and
use of other providers, and related issues.
(2) Unless otherwise directed by law, the insurance
commissioner shall adopt rules, to be implemented on
January 1, 1993, establishing minimum benefits, terms,
definitions, conditions, limitations, and provisions for the use
of reasonable deductibles and copayments.
(3) An insurer need not make the offer of coverage
required by this section to an employer or other group that
offers to its eligible enrollees a self-insured health plan not
subject to mandated benefit statutes under Title 48 RCW that
does not provide coverage for temporomandibular joint
disorders. [1989 c 331 § 2.]
Legislative finding—1989 c 331: "The legislature finds that:
(1) Temporomandibular joint disorders are conditions for which
treatment often is not covered in medical and dental group insurance
contracts;
(2) Individuals with temporomandibular joint disorders experience
substantial pain and financial hardship;
(3) Public awareness is needed concerning temporomandibular joint
disorders and would be promoted by a mandated offering of temporomandibular joint disorders coverage to group purchasers; and
(4) A mandated offering of temporomandibular joint disorders
coverage shall not prescribe minimum initial benefits so that the insurers
and the purchasers are allowed broad flexibility in benefit design and
application." [1989 c 331 § 1.]
Effective date—1989 c 331: "This act shall take effect January 1,
1990, but the insurance commissioner may immediately take such steps as
are necessary to ensure that this act is fully implemented on its effective
date." [1989 c 331 § 6.]
48.21.325 Prescriptions—Preapproval of individual
claims—Subsequent rejection prohibited—Written record
required. Group disability insurance companies who
through an authorized representative have first approved, by
any means, an individual prescription claim as eligible may
not reject that claim at some later date. Pharmacists or drug
dispensing outlets who obtain preapproval of claims shall
keep a written record of the preapproval that consists of
identification by name and telephone number of the person
who approved the claim. [1993 c 253 § 3.]
Findings—Effective date—1993 c 253: See notes following RCW
48.20.525.
48.21.330 Nonresident pharmacies. For the purposes
of this chapter, a nonresident pharmacy is defined as any
pharmacy located outside this state that ships, mails, or
delivers, in any manner, except when delivered in person to
an enrolled participant or his/her representative, controlled
substances, legend drugs, or devices into this state.
After October 1, 1991, an insurer providing coverage of
prescription drugs from nonresident pharmacies may only
provide coverage from licensed nonresident pharmacies. The
insurers shall obtain proof of current licensure in conformity
with this section and RCW 18.64.350 through 18.64.400
from the nonresident pharmacy and keep that proof of
licensure on file.
The department may request from the insurer the proof
of current licensure for all nonresident pharmacies through
which the insurer is providing coverage for prescription
drugs for residents of the state of Washington. This information, which may constitute a full or partial customer list,
(2002 Ed.)
48.21.320
shall be confidential and exempt from public disclosure, and
from the requirements of chapter 42.17 RCW. The board or
the department shall not be restricted in the disclosure of the
name of a nonresident pharmacy that is or has been licensed
under RCW 18.64.360 or 18.64.370 or of the identity of a
nonresident pharmacy disciplined under RCW 18.64.350
through 18.64.400. [1991 c 87 § 8.]
Effective date—1991 c 87: See note following RCW 18.64.350.
Chapter 48.21A
DISABILITY INSURANCE—EXTENDED HEALTH
Sections
48.21A.010 Declaration of purpose.
48.21A.020 Definitions.
48.21A.030 Insurers may join—Policyholder—Reduced benefit provision—Master group policy—Offering—Cancellation.
48.21A.040 Agents, brokers, and solicitors.
48.21A.050 Powers and duties of associations.
48.21A.060 Commissioner’s powers—Forms—Rates—Standard provisions—Withdrawal of approval—Federal, state benefits—Annual reports.
48.21A.070 Documents to be filed—Deceptive name or advertising.
48.21A.080 Remedies.
48.21A.090 Home health care, hospice care, optional coverage required—Standards, limitations, restrictions—Rules—
Medicare supplemental contracts excluded.
Refusal to renew or cancellation of disability insurance: RCW 48.18.298,
48.18.299.
48.21A.010 Declaration of purpose. It is the purpose
of this chapter to provide a means of more adequately
meeting the needs of persons who are sixty-five years of age
or older and their spouses for insurance coverage against
financial loss from accident or disease through the combined
resources and experience of a number of insurers; to make
possible the fullest extension of such coverage by encouraging insurers to combine their resources and experience and
to exercise their collective efforts in the development and
offering of policies of such insurance to all applicants; and
to regulate the joint activities herein authorized in accordance with the intent of Congress as expressed in the Act of
Congress of March 9, 1945 (Public Law 15, 79th Congress),
as amended. [1965 ex.s. c 70 § 27.]
48.21A.020 Definitions. Wherever used in this
chapter, the following terms shall have the meanings
hereinafter set forth or indicated, unless the context otherwise requires:
(a) "Association" means a voluntary unincorporated
association of insurers formed for the purpose of enabling
cooperative action to provide disability insurance in accordance with this chapter in this or any other state having
legislation enabling the issuance of insurance of the type
provided in this chapter.
(b) "Insurer" means any insurance company which is
authorized to transact disability insurance in this state.
(c) "Extended health insurance" means hospital, surgical
and medical expense insurance provided by a policy issued
as provided by this chapter. [1965 ex.s. c 70 § 28.]
48.21A.030 Insurers may join—Policyholder—
Reduced benefit provision—Master group policy—
[Title 48 RCW—page 135]
48.21A.030
Title 48 RCW: Insurance
Offering—Cancellation. Notwithstanding any other
provision of this code or any other law which may be
inconsistent herewith, any insurer may join with one or more
other insurers, to plan, develop, underwrite, and offer and
provide to any person who is sixty-five years of age or older
and to the spouse of such person, extended health insurance
against financial loss from accident or disease, or both.
Such insurance may be offered, issued and administered
jointly by two or more insurers by a group policy issued to
a policyholder through an association formed for the purpose
of offering, selling, issuing and administering such insurance.
The policyholder may be an association, a trustee, or any
other person. Any such policy may provide, among other
things, that the benefits payable thereunder are subject to
reduction if the individual insured has any other coverage
providing hospital, surgical or medical benefits whether on
an indemnity basis or a provision of service basis resulting
in such insured being eligible for more than one hundred
percent of covered expenses which he is required to pay, and
any insurer issuing individual policies providing extended
hospital, surgical or medical benefits to persons sixty-five
years of age and older and their spouses may also use such
a policy provision. A master group policy issued to an
association or to a trustee or any person appointed by an
association for the purpose of providing the insurances
described in this section shall be another form of group
disability insurance.
Any form of policy approved by the commissioner for
an association shall be offered throughout Washington to all
persons sixty-five and older and their spouses, and the
coverage of any person insured under such a form of policy
shall not be cancellable except for nonpayment of premiums
unless the coverage of all persons insured under such form
of policy is also canceled. [1965 ex.s. c 70 § 29.]
48.21A.040 Agents, brokers, and solicitors. Notwithstanding the provisions of RCW 48.17.200, any person
licensed to transact disability insurance as an agent, broker
or solicitor may transact extended health insurance and may
be paid a commission thereon. [1965 ex.s. c 70 § 30.]
48.21A.050 Powers and duties of associations. Any
association formed for the purposes of this chapter may hold
title to property, may enter into contracts, and may limit the
liability of its members to their respective pro rata shares of
the liability of such association. Any such association may
sue and be sued in its associate name and for such purpose
only shall be treated as a domestic corporation. Service of
process against such association, made upon a managing
agent, any member thereof or any agent authorized by
appointment to receive service of process, shall have the
same force and effect as if such service had been made upon
all members of the association. Such association’s books
and records shall also be subject to examination under the
provisions of RCW 48.03.010 through 48.03.070, inclusive,
either separately or concurrently with examination of any of
its member insurers. [1983 c 3 § 151; 1965 ex.s. c 70 § 31.]
48.21A.060 Commissioner’s powers—Forms—
Rates—Standard provisions—Withdrawal of approval—
Federal, state benefits—Annual reports. The forms of the
[Title 48 RCW—page 136]
policies, applications, certificates or other evidence of
insurance coverage and applicable premium rates relating
thereto shall be filed with the commissioner. No such
policy, contract, or other evidence of insurance, application
or other form shall be sold, issued or used and no endorsement shall be attached to or printed or stamped thereon
unless the form thereof shall have been approved by the
commissioner or thirty days shall have expired after such
filing without written notice from the commissioner of
disapproval thereof. The commissioner shall disapprove the
forms of such insurance if he finds that they are unjust,
unfair, inequitable, misleading or deceptive or that the rates
are by reasonable assumption excessive in relation to the
benefits provided. In determining whether such rates by
reasonable assumptions are excessive in relation to the
benefits provided, the commissioner shall give due consideration to past and prospective claim experience, within and
outside this state, and to fluctuations in such claim experience, to a reasonable risk charge, to contribution to surplus
and contingency funds, to past and prospective expenses,
both within and outside this state, and to all other relevant
factors within and outside this state including any differing
operating methods of the insurers joining in the issue of the
policy. In exercising the powers conferred upon him by this
chapter, the commissioner shall not be bound by any other
requirement of this code with respect to standard provisions
to be included in disability policies or forms.
The commissioner may, after hearing upon written
notice, withdraw an approval previously given, upon such
grounds as in his opinion would authorize disapproval upon
original submission thereof. Any such withdrawal of
approval after hearing shall be by notice in writing specifying the ground thereof and shall be effective at the expiration
of such period, not less than ninety days after the giving of
notice of withdrawal, as the commissioner shall in such
notice prescribe.
If and when a program of hospital, surgical and medical
benefits is enacted by the federal government or the state of
Washington, the extended health insurance benefits provided
by policies issued under this chapter shall be adjusted to
avoid any duplication of benefits offered by the federal or
state programs and the premium rates applicable thereto shall
be adjusted to conform with the adjusted benefits.
The association shall submit an annual report to the
insurance commissioner which shall become public information and shall provide information as to the number of
persons insured, the names of the insurers participating in
the association with respect to insurance offered under this
chapter and the calendar year experience applicable to such
insurance offered under this chapter, including premiums
earned, claims paid during the calendar year, the amount of
claims reserve established, administrative expenses, commissions, promotional expenses, taxes, contingency reserve,
other expenses, and profit and loss for the year. The
commissioner shall require the association to provide any
and all information concerning the operations of the association deemed relevant by him for inclusion in the report.
[1965 ex.s. c 70 § 32.]
48.21A.070 Documents to be filed—Deceptive name
or advertising. The articles of association of any associa(2002 Ed.)
Disability Insurance—Extended Health
tion formed in accordance with this chapter, all amendments
and supplements thereto, a designation in writing of a resident of this state as agent for the service of process, and a
list of insurers who are members of the association and all
supplements thereto shall be filed with the commissioner.
The name of any association or any advertising or
promotional material used in connection with extended
health insurance to be sold, offered, or issued, pursuant to
this chapter shall not be such as to mislead or deceive the
public. [1965 ex.s. c 70 § 33.]
48.21A.080 Remedies. No act done, action taken or
agreement made pursuant to the authority conferred by this
chapter shall constitute a violation of or grounds for prosecution or civil proceedings under any other law of this state
heretofore or hereafter enacted which does not specifically
refer to insurance. [1965 ex.s. c 70 § 34.]
48.21A.090 Home health care, hospice care, optional coverage required—Standards, limitations, restrictions—Rules—Medicare supplemental contracts excluded.
(1) Every insurer entering into or renewing extended health
insurance governed by this chapter shall offer optional
coverage for home health care and hospice care for persons
who are homebound and would otherwise require hospitalization. Such optional coverage need only be offered in
conjunction with a policy that provides payment for hospitalization as a part of health care coverage.
(2) Home health care and hospice care coverage offered
under subsection (1) of this section shall conform to the
following standards, limitations, and restrictions in addition
to those set forth in chapters 70.126 and 70.127 RCW:
(a) The coverage may include reasonable deductibles,
coinsurance provisions, and internal maximums;
(b) The coverage should be structured to create incentives for the use of home health care and hospice care as an
alternative to hospitalization;
(c) The coverage may contain provisions for utilization
review and quality assurance;
(d) The coverage may require that home health agencies
and hospices have written treatment plans approved by a
physician licensed under chapter 18.57 or 18.71 RCW, and
may require such treatment plans to be reviewed at designated intervals;
(e) The coverage shall provide benefits for, and restrict
benefits to, services rendered by home health and hospice
agencies licensed under chapter 70.127 RCW;
(f) Hospice care coverage shall provide benefits for
terminally ill patients for an initial period of care of not less
than six months and may provide benefits for an additional
six months of care in cases where the patient is facing
imminent death or is entering remission if certified in writing
by the attending physician;
(g) Home health care coverage shall provide benefits for
a minimum of one hundred thirty health care visits per
calendar year. However, a visit of any duration by an
employee of a home health agency for the purpose of
providing services under the plan of treatment constitutes
one visit;
(2002 Ed.)
48.21A.070
(h) The coverage may be structured so that services or
supplies included in the primary contract are not duplicated
in the optional home health and hospice coverage.
(3) The insurance commissioner shall adopt any rules
necessary to implement this section.
(4) The requirements of this section shall not apply to
contracts or policies governed by chapter 48.66 RCW.
(5) An insurer, as a condition of reimbursement, may
require compliance with home health and hospice certification regulations established by the United States department
of health and human services. [1989 1st ex.s. c 9 § 220;
1988 c 245 § 32; 1984 c 22 § 2; 1983 c 249 § 2.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Effective date—Implementation—Severability—1988 c 245: See
RCW 70.127.900 and 70.127.902.
Effective date—1984 c 22: See note following RCW 48.21.220.
Effective date—1983 c 249: See note following RCW 70.126.001.
Home health care, hospice care, rules: Chapter 70.126 RCW.
Chapter 48.22
CASUALTY INSURANCE
Sections
48.22.005
48.22.020
48.22.030
Definitions.
Assigned risk plans.
Underinsured, hit-and-run, phantom vehicle coverage to be
provided—Exceptions—Conditions—Deductibles.
48.22.040 Underinsured motor vehicle coverage where liability insurer
is insolvent—Extent of coverage—Rights of insurer
upon making payment.
48.22.050 Market assistance plans.
48.22.060 Debt and financing coverage.
48.22.070 Longshoreman’s and harbor worker’s compensation coverage—Rules—Plan creation.
48.22.080 Health care liability risk management training program.
48.22.085 Automobile liability insurance policy—Optional coverage
for personal injury protection—Rejection by insured.
48.22.090 Personal injury protection coverage—Exceptions.
48.22.095 Automobile insurance policies—Minimum personal injury
protection coverage—Maximum benefit limits.
48.22.100 Automobile insurance policies—In lieu of minimum personal injury protection coverage—Benefit limits.
48.22.105 Rule making.
48.22.110 Vendor single-interest or collateral protection coverage—
Definitions.
48.22.115 Vendor single-interest or collateral protection coverage—
Warning.
48.22.120 Vendor single-interest or collateral protection coverage—
Final notice and warning—No requirement to purchase—Effective date of coverage.
48.22.125 Vendor single-interest or collateral protection coverage—
Cancellation when borrower has obtained insurance—
Interest rate for financing.
48.22.130 Vendor single-interest or collateral protection coverage—
Canceled or discontinued—Premium refund.
48.22.135 Vendor single-interest or collateral protection coverage—
Application.
48.22.140 Driver’s license suspension for nonpayment of child support—Exclusion of unlicensed driver from insurance
coverage not applicable—Notation in driving record.
Casualty rates, rating organization: Chapter 48.19 RCW.
Injured public assistance recipient, department has lien, payment to
recipient does not discharge lien: RCW 74.09.180, 43.20B.040, and
43.20B.050.
Policy forms, execution, filing, etc.: Chapter 48.18 RCW.
[Title 48 RCW—page 137]
48.22.005
Title 48 RCW: Insurance
48.22.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Automobile" means a passenger car as defined in
RCW 46.04.382 registered or principally garaged in this state
other than:
(a) A farm-type tractor or other self-propelled equipment
designed for use principally off public roads;
(b) A vehicle operated on rails or crawler-treads;
(c) A vehicle located for use as a residence;
(d) A motor home as defined in RCW 46.04.305; or
(e) A moped as defined in RCW 46.04.304.
(2) "Bodily injury" means bodily injury, sickness, or
disease, including death at any time resulting from the
injury, sickness, or disease.
(3) "Income continuation benefits" means payments of
at least eighty-five percent of the insured’s loss of income
from work, because of bodily injury sustained by him or her
in the accident, less income earned during the benefit
payment period. The benefit payment period begins fourteen
days after the date of the accident and ends at the earliest of
the following:
(a) The date on which the insured is reasonably able to
perform the duties of his or her usual occupation;
(b) The expiration of not more than fifty-two weeks
from the fourteenth day; or
(c) The date of the insured’s death.
(4) "Insured automobile" means an automobile described
on the declarations page of the policy.
(5) "Insured" means:
(a) The named insured or a person who is a resident of
the named insured’s household and is either related to the
named insured by blood, marriage, or adoption, or is the
named insured’s ward, foster child, or stepchild; or
(b) A person who sustains bodily injury caused by
accident while: (i) Occupying or using the insured automobile with the permission of the named insured; or (ii) a
pedestrian accidentally struck by the insured automobile.
(6) "Loss of services benefits" means reimbursement for
payment to others, not members of the insured’s household,
for expenses reasonably incurred for services in lieu of those
the insured would usually have performed for his or her
household without compensation, provided the services are
actually rendered, and ending the earliest of the following:
(a) The date on which the insured person is reasonably
able to perform those services;
(b) The expiration of fifty-two weeks; or
(c) The date of the insured’s death.
(7) "Medical and hospital benefits" means payments for
all reasonable and necessary expenses incurred by or on
behalf of the insured for injuries sustained as a result of an
automobile accident for health care services provided by
persons licensed under Title 18 RCW, including
pharmaceuticals, prosthetic devices and eye glasses, and
necessary ambulance, hospital, and professional nursing
service.
(8) "Automobile liability insurance policy" means a
policy insuring against loss resulting from liability imposed
by law for bodily injury, death, or property damage suffered
by any person and arising out of the ownership, maintenance, or use of an insured automobile.
[Title 48 RCW—page 138]
(9) "Named insured" means the individual named in the
declarations of the policy and includes his or her spouse if
a resident of the same household.
(10) "Occupying" means in or upon or entering into or
alighting from.
(11) "Pedestrian" means a natural person not occupying
a motor vehicle as defined in RCW 46.04.320.
(12) "Personal injury protection" means the benefits
described in this section and RCW 48.22.085 through
48.22.100. [1993 c 242 § 1.]
Severability—1993 c 242: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 242 § 7.]
Effective date—1993 c 242: "Sections 1 through 5 of this act shall
take effect July 1, 1994." [1993 c 242 § 8.]
48.22.020 Assigned risk plans. The commissioner
shall after consultation with the insurers licensed to write
motor vehicle liability insurance in this state, approve a
reasonable plan or plans for the equitable apportionment
among such insurers of applicants for such insurance who
are in good faith entitled to but are unable to procure
insurance through ordinary methods and, when such plan has
been approved, all such insurers shall subscribe thereto and
shall participate therein. Any applicant for such insurance,
any person insured under such plan and any insurer affected
may appeal to the commissioner from any ruling or decision
of the manager or committee designated to operate such
plan. [1947 c 79 § .22.02; Rem. Supp. 1947 § 45.22.02.]
Rate modifications for assigned risks: RCW 48.19.400.
48.22.030 Underinsured, hit-and-run, phantom
vehicle coverage to be provided—Exceptions—
Conditions—Deductibles. (1) "Underinsured motor
vehicle" means a motor vehicle with respect to the ownership, maintenance, or use of which either no bodily injury or
property damage liability bond or insurance policy applies at
the time of an accident, or with respect to which the sum of
the limits of liability under all bodily injury or property
damage liability bonds and insurance policies applicable to
a covered person after an accident is less than the applicable
damages which the covered person is legally entitled to
recover.
(2) No new policy or renewal of an existing policy
insuring against loss resulting from liability imposed by law
for bodily injury, death, or property damage, suffered by any
person arising out of the ownership, maintenance, or use of
a motor vehicle shall be issued with respect to any motor
vehicle registered or principally garaged in this state unless
coverage is provided therein or supplemental thereto for the
protection of persons insured thereunder who are legally
entitled to recover damages from owners or operators of
underinsured motor vehicles, hit-and-run motor vehicles, and
phantom vehicles because of bodily injury, death, or property
damage, resulting therefrom, except while operating or
occupying a motorcycle or motor-driven cycle, and except
while operating or occupying a motor vehicle owned or
available for the regular use by the named insured or any
family member, and which is not insured under the liability
coverage of the policy. The coverage required to be offered
under this chapter is not applicable to general liability
(2002 Ed.)
Casualty Insurance
policies, commonly known as umbrella policies, or other
policies which apply only as excess to the insurance directly
applicable to the vehicle insured.
(3) Except as to property damage, coverage required
under subsection (2) of this section shall be in the same
amount as the insured’s third party liability coverage unless
the insured rejects all or part of the coverage as provided in
subsection (4) of this section. Coverage for property damage
need only be issued in conjunction with coverage for bodily
injury or death. Property damage coverage required under
subsection (2) of this section shall mean physical damage to
the insured motor vehicle unless the policy specifically
provides coverage for the contents thereof or other forms of
property damage.
(4) A named insured or spouse may reject, in writing,
underinsured coverage for bodily injury or death, or property
damage, and the requirements of subsections (2) and (3) of
this section shall not apply. If a named insured or spouse
has rejected underinsured coverage, such coverage shall not
be included in any supplemental or renewal policy unless a
named insured or spouse subsequently requests such coverage in writing. The requirement of a written rejection under
this subsection shall apply only to the original issuance of
policies issued after July 24, 1983, and not to any renewal
or replacement policy.
(5) The limit of liability under the policy coverage may
be defined as the maximum limits of liability for all damages
resulting from any one accident regardless of the number of
covered persons, claims made, or vehicles or premiums
shown on the policy, or premiums paid, or vehicles involved
in an accident.
(6) The policy may provide that if an injured person has
other similar insurance available to him under other policies,
the total limits of liability of all coverages shall not exceed
the higher of the applicable limits of the respective
coverages.
(7) (a) The policy may provide for a deductible of not
more than three hundred dollars for payment for property
damage when the damage is caused by a hit-and-run driver
or a phantom vehicle.
(b) In all other cases of underinsured property damage
coverage, the policy may provide for a deductible of not
more than one hundred dollars.
(8) For the purposes of this chapter, a "phantom
vehicle" shall mean a motor vehicle which causes bodily
injury, death, or property damage to an insured and has no
physical contact with the insured or the vehicle which the
insured is occupying at the time of the accident if:
(a) The facts of the accident can be corroborated by
competent evidence other than the testimony of the insured
or any person having an underinsured motorist claim
resulting from the accident; and
(b) The accident has been reported to the appropriate
law enforcement agency within seventy-two hours of the
accident. [1985 c 328 § 1; 1983 c 182 § 1; 1981 c 150 § 1;
1980 c 117 § 1; 1967 c 150 § 27.]
Severability—1983 c 182: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 182 § 3.]
Effective date—1981 c 150: "This act shall take effect on September
1, 1981." [1981 c 150 § 3.]
(2002 Ed.)
48.22.030
Effective date—1980 c 117: "This act shall take effect on September
1, 1980." [1980 c 117 § 8.]
48.22.040 Underinsured motor vehicle coverage
where liability insurer is insolvent—Extent of coverage—
Rights of insurer upon making payment. (1) The term
"underinsured motor vehicles" with reference to coverage
offered under any insurance policy regulated under this
chapter shall, subject to the terms and conditions of such
coverage, be deemed to include an insured motor vehicle
where the liability insurer thereof is unable to make payment
with respect to the legal liability of its insured within the
limits specified therein because of insolvency.
(2) An insurer’s insolvency protection shall be applicable only to accidents occurring during a policy period in
which its insured’s underinsured motorist coverage is in
effect where the liability insurer of the tort-feasor becomes
insolvent within three years after such an accident. Nothing
herein contained shall be construed to prevent any insurer
from affording insolvency protection under terms and
conditions more favorable to its insureds than is provided
hereunder.
(3) In the event of payment to an insured under the
coverage required by this chapter and subject to the terms
and conditions of such coverage, the insurer making such
payment shall, to the extent thereof, be entitled to the
proceeds of any settlement or judgment resulting from the
exercise of any rights of recovery of such insured against
any person or organization legally responsible for the bodily
injury, death, or property damage for which such payment is
made, including the proceeds recoverable from the assets of
the insolvent insurer. Whenever an insurer shall make
payment under the coverage required by this section and
which payment is occasioned by an insolvency, such
insurer’s right of recovery or reimbursement shall not
include any rights against the insured of said insolvent
insurer for any amounts which would have been paid by the
insolvent insurer. Such paying insurer shall have the right
to proceed directly against the insolvent insurer or its
receiver, and in pursuance of such right such paying insurer
shall possess any rights which the insured of the insolvent
company might otherwise have had, if the insured of the
insolvent insurer had personally made the payment. [1983
c 182 § 2; 1980 c 117 § 2; 1967 ex.s. c 95 § 3.]
Severability—1983 c 182: See note following RCW 48.22.030.
Effective date—1980 c 117: See note following RCW 48.22.030.
48.22.050 Market assistance plans. The commissioner shall by regulation require insurers authorized to write
casualty insurance in this state to form a market assistance
plan to assist persons and other entities unable to purchase
casualty insurance in an adequate amount from either the
admitted market or nonadmitted market.
For the purpose of this section, a market assistance plan
means a voluntary mechanism by insurers writing casualty
insurance in this state in either the admitted or nonadmitted
market to provide casualty insurance for a class of insurance
designated in writing to the plan by the commissioner.
The bylaws and method of operation of any market
assistance plan shall be approved by the commissioner prior
to its operation.
[Title 48 RCW—page 139]
48.22.050
Title 48 RCW: Insurance
A market assistance plan shall have a minimum of
twenty-five insurers willing to insure risks within the class
designated by the commissioner. If twenty-five insurers do
not voluntarily agree to participate, the commissioner may
require casualty insurers to participate in a market assistance
plan as a condition of continuing to do business in this state.
The commissioner shall make such a requirement to fulfill
the quota of at least twenty-five insurers. The commissioner
shall make his or her designation on the basis of the
insurer’s premium volume of casualty insurance in this state.
[1986 c 305 § 906.]
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
result in unaffordable rates for coverage provided by the
plan. In considering whether excess of loss coverage
premiums would result in unaffordable rates for workers’
compensation coverage provided by the plan, the commissioner shall compare the resulting plan rates to those
provided under any similar pool or plan of other states.
(3) An applicant for plan insurance, a person insured
under the plan, or an insurer, affected by a ruling or decision
of the manager or committee designated to operate the plan
may appeal to the commissioner for resolution of a dispute.
In adopting rules under this section, the commissioner shall
require that the plan use generally accepted actuarial principles for rate making. [1997 c 110 § 1; 1993 c 177 § 1;
1992 c 209 § 2.]
48.22.060 Debt and financing coverage. Every
insurer that writes collision and comprehensive coverage for
loss or damage to "private passenger automobiles" or "motor
homes," as those terms are defined in RCW 48.18.297 and
46.04.305, respectively, shall provide, upon the insured’s request, coverage that will pay, in the event of total loss, an
amount, in excess of the actual cash value of the vehicle,
sufficient to satisfy any outstanding indebtedness secured by
and incurred in conjunction with the financing of the
purchase of a new private passenger automobile or motor
home.
Nothing in this section prohibits an insurer from
denying or excluding such coverage where the insured or
someone acting on the insured’s behalf acts in a fraudulent
manner to obtain or file a claim under such coverage. [1988
c 248 § 16; 1987 c 240 § 1.]
Effective date—1997 c 110: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 21, 1997]." [1997 c 110 § 3.]
Effective date—1993 c 177: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 30, 1993]." [1993 c 177 § 4.]
Finding—Declaration—1992 c 209: "The legislature finds and
declares that the continued existence of a strong and healthy maritime
industry in this state is threatened by the unavailability and excessive cost
of workers’ compensation coverage required by the United States
longshoreman’s and harbor worker’s compensation act. The legislature,
therefore, acting under its authority to protect industry and employment in
this state hereby establishes a commission to devise and implement both a
near and long-term solution to this problem, for the purpose of maintaining
employment for Washington workers and a vigorous maritime industry."
[1992 c 209 § 1.]
Effective date—1987 c 240: "The effective date of this act is January
1, 1988." [1987 c 240 § 2.]
48.22.080 Health care liability risk management
training program. Effective July 1, 1994, a casualty
insurer’s issuance of a new medical malpractice policy or
renewal of an existing medical malpractice policy to a
physician or other independent health care practitioner shall
be conditioned upon that practitioner’s participation in, and
completion of, an insurer-designed health care liability risk
management training program once every three years.
Completion of said training program during 1994 shall
satisfy the first three-year training requirement. The risk
management training shall provide information related to
avoiding adverse health outcomes resulting from substandard
practice and minimizing damages associated with the adverse
health outcomes that do occur. For purposes of this section,
"independent health care practitioners" means those health
care practitioner licensing classifications designated by the
department of health in rule pursuant to *RCW 18.130.330.
[1994 c 102 § 2; 1993 c 492 § 413.]
48.22.070 Longshoreman’s and harbor worker’s
compensation coverage—Rules—Plan creation. (1) The
commissioner shall adopt rules establishing a reasonable plan
to insure that workers’ compensation coverage as required by
the United States longshore and harbor workers’ compensation act, 33 U.S.C. Secs. 901 through 950, and maritime
employer’s liability coverage incidental to the workers’
compensation coverage is available to those unable to
purchase it through the normal insurance market. This plan
shall require the participation of all authorized insurers
writing primary or excess United States longshore and harbor
workers’ compensation insurance in the state of Washington
and the Washington state industrial insurance fund as defined
in RCW 51.08.175 which is authorized to participate in the
plan and to make payments in support of the plan in accordance with this section. Any underwriting losses or surpluses incurred by the plan shall be determined by the governing
committee of the plan and shall be shared by plan participants in accordance with the following ratios: The state
industrial insurance fund, fifty percent; and authorized insurers writing primary or excess United States longshore and
harbor workers’ compensation insurance, fifty percent.
(2) The Washington state industrial insurance fund may
obtain or provide reinsurance coverage for the plan created
under subsection (1) of this section the terms of which shall
be negotiated between the state fund and the plan. This
coverage shall not be obtained or provided if the commissioner determines that the premium to be charged would
[Title 48 RCW—page 140]
*Reviser’s note: RCW 18.130.330 was repealed by 1995 c 265 § 27,
effective July 1, 1995.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
48.22.085 Automobile liability insurance policy—
Optional coverage for personal injury protection—
Rejection by insured. (1) No new automobile liability
insurance policy or renewal of such an existing policy may
be issued unless personal injury protection coverage benefits
at limits established in this chapter for medical and hospital
(2002 Ed.)
Casualty Insurance
expenses, funeral expenses, income continuation, and loss of
services sustained by an insured because of bodily injury
caused by an automobile accident are offered as an optional
coverage.
(2) A named insured may reject, in writing, personal
injury protection coverage and the requirements of subsection (1) of this section shall not apply. If a named insured
has rejected personal injury protection coverage, that
rejection shall be valid and binding as to all levels of coverage and on all persons who might have otherwise been
insured under such coverage. If a named insured has
rejected personal injury protection coverage, such coverage
shall not be included in any supplemental, renewal, or
replacement policy unless a named insured subsequently
requests such coverage in writing. [1993 c 242 § 2.]
Severability—Effective date—1993 c 242: See notes following
RCW 48.22.005.
48.22.090 Personal injury protection coverage—
Exceptions. (1) Personal injury protection coverage need
not be provided for vendor’s single interest policies, general
liability policies, or other policies, commonly known as
umbrella policies, that apply only as excess to the automobile liability policy directly applicable to the insured motor
vehicle.
(2) Personal injury protection coverage need not be
provided to or on behalf of:
(a) A person who intentionally causes injury to himself
or herself;
(b) A person who is injured while participating in a
prearranged or organized racing or speed contest or in
practice or preparation for such a contest;
(c) A person whose bodily injury is due to war, whether
or not declared, or to an act or condition incident to such
circumstances;
(d) A person whose bodily injury results from the
radioactive, toxic, explosive, or other hazardous properties of
nuclear material;
(e) The named insured or a relative while occupying a
motor vehicle owned by the named insured or furnished for
the named insured’s regular use, if such motor vehicle is not
described on the declaration page of the policy under which
a claim is made;
(f) A relative while occupying a motor vehicle owned
by the relative or furnished for the relative’s regular use, if
such motor vehicle is not described on the declaration page
of the policy under which a claim is made; or
(g) An insured whose bodily injury results or arises
from the insured’s use of an automobile in the commission
of a felony. [1993 c 242 § 3.]
Severability—Effective date—1993 c 242: See notes following
RCW 48.22.005.
48.22.095 Automobile insurance policies—Minimum
personal injury protection coverage—Maximum benefit
limits. Insurers providing automobile insurance policies
must offer minimum personal injury protection coverage for
each insured with maximum benefit limits as follows:
(1) Medical and hospital benefits of ten thousand dollars
for expenses incurred within three years of the automobile
accident;
(2002 Ed.)
48.22.085
(2) Benefits for funeral expenses in an amount of two
thousand dollars;
(3) Income continuation benefits covering income losses
incurred within one year after the date of the insured’s injury
in an amount of ten thousand dollars, subject to a limit of
the lesser of two hundred dollars per week or eighty-five
percent of the weekly income. The combined weekly payment receivable by the insured under any workers’ compensation or other disability insurance benefits or other income
continuation benefit and this insurance may not exceed
eighty-five percent of the insured’s weekly income;
(4) Loss of services benefits in an amount of five
thousand dollars, subject to a limit of forty dollars per day
not to exceed two hundred dollars per week; and
(5) Payments made under personal injury protection
coverage are limited to the amount of actual loss or expense
incurred. [1993 c 242 § 4.]
Severability—Effective date—1993 c 242: See notes following
RCW 48.22.005.
48.22.100 Automobile insurance policies—In lieu of
minimum personal injury protection coverage—Benefit
limits. In lieu of minimum coverage required under RCW
48.22.095, an insurer providing automobile liability insurance
policies shall offer and provide, upon request, personal injury
protection coverage with benefit limits for each insured of:
(1) Up to thirty-five thousand dollars for medical and
hospital benefits incurred within three years of the automobile accident;
(2) Up to two thousand dollars for funeral expenses
incurred;
(3) Up to thirty-five thousand dollars for one year’s
income continuation benefits, subject to a limit of the lesser
of seven hundred dollars per week or eighty-five percent of
the weekly income; and
(4) Up to forty dollars per day for loss of services
benefits, for up to one year from the date of the automobile
accident.
Payments made under personal injury protection
coverage are limited to the amount of actual loss or expense
incurred. [1993 c 242 § 5.]
Severability—Effective date—1993 c 242: See notes following
RCW 48.22.005.
48.22.105 Rule making. The commissioner may
adopt such rules as are necessary to implement RCW
48.22.005 and 48.22.085 through 48.22.100. [1993 c 242 §
9.]
Severability—1993 c 242: See note following RCW 48.22.005.
48.22.110 Vendor single-interest or collateral
protection coverage—Definitions. Unless the context
clearly requires otherwise, the definitions in this section
apply throughout this section and RCW 48.22.115 through
48.22.135.
(1) "Borrower" means a person who receives a loan or
enters into a retail installment contract under chapter 63.14
RCW to purchase a motor vehicle or vessel in which the
secured party holds an interest.
(2) "Motor vehicle" means a motor vehicle in this state
subject to registration under chapter 46.16 RCW, except
[Title 48 RCW—page 141]
48.22.110
Title 48 RCW: Insurance
motor vehicles governed by RCW 46.16.020 or registered
with the Washington utilities and transportation commission
as common or contract carriers.
(3) "Secured party" means a person, corporation,
association, partnership, or venture that possesses a bona fide
security interest in a motor vehicle or vessel.
(4) "Vendor single-interest" or "collateral protection
coverage" means insurance coverage insuring primarily or
solely the interest of a secured party but which may include
the interest of the borrower in a motor vehicle or vessel
serving as collateral and obtained by the secured party or its
agent after the borrower has failed to obtain or maintain
insurance coverage required by the financing agreement for
the motor vehicle or vessel. Vendor single-interest or
collateral protection coverage does not include insurance
coverage purchased by a secured party for which the
borrower is not charged.
(5) "Vessel" means a vessel as defined in RCW
88.02.010 and includes personal watercraft as defined in
*RCW 88.12.010. [1994 c 186 § 1.]
*Reviser’s note: RCW 88.12.010 was recodified as RCW
79A.60.010 pursuant to 1999 c 249 § 1601.
Effective date—1994 c 186 §§ 1-5: "Sections 1 through 5 of this act
take effect January 1, 1995." [1994 c 186 § 8.]
48.22.115 Vendor single-interest or collateral
protection coverage—Warning. In a contract or loan
agreement, or on a separate document accompanying the
contract or loan agreement and signed by the borrower, that
provides financing for a motor vehicle or vessel and authorizes a secured party to purchase vendor single interest or
collateral protection coverage, the following or substantially
similar warning must be set forth in ten-point print:
WARNING
UNLESS YOU PROVIDE US WITH EVIDENCE
OF THE INSURANCE COVERAGE AS REQUIRED BY OUR LOAN AGREEMENT, WE
MAY PURCHASE INSURANCE AT YOUR
EXPENSE TO PROTECT OUR INTEREST.
THIS INSURANCE MAY, BUT NEED NOT,
ALSO PROTECT YOUR INTEREST. IF THE
COLLATERAL BECOMES DAMAGED, THE
COVERAGE WE PURCHASE MAY NOT PAY
ANY CLAIM YOU MAKE OR ANY CLAIM
MADE AGAINST YOU. YOU MAY LATER
CANCEL THIS COVERAGE BY PROVIDING
EVIDENCE THAT YOU HAVE OBTAINED
PROPER COVERAGE ELSEWHERE.
YOU ARE RESPONSIBLE FOR THE COST OF
ANY INSURANCE PURCHASED BY US. THE
COST OF THIS INSURANCE MAY BE ADDED
TO YOUR LOAN BALANCE. IF THE COST IS
ADDED TO THE LOAN BALANCE, THE INTEREST RATE ON THE UNDERLYING LOAN
WILL APPLY TO THIS ADDED AMOUNT.
THE EFFECTIVE DATE OF COVERAGE MAY
BE THE DATE YOUR PRIOR COVERAGE
LAPSED OR THE DATE YOU FAILED TO
PROVIDE PROOF OF COVERAGE.
[Title 48 RCW—page 142]
THE COVERAGE WE PURCHASE MAY BE
CONSIDERABLY MORE EXPENSIVE THAN
INSURANCE YOU CAN OBTAIN ON YOUR
OWN AND MAY NOT SATISFY
WASHINGTON’S MANDATORY LIABILITY
INSURANCE LAWS.
[1994 c 186 § 2.]
Effective date—1994 c 186 §§ 1-5: See note following RCW
48.22.110.
48.22.120 Vendor single-interest or collateral
protection coverage—Final notice and warning—No
requirement to purchase—Effective date of coverage. (1)
A secured party shall not impose charges, that may include
but are not limited to interest, finance, and premium charges,
on a borrower for vendor single interest or collateral protection coverage for the motor vehicle or vessel as provided in
subsection (2) of this section until the following or a
substantially similar warning printed in ten-point type is sent
to the borrower:
FINAL NOTICE AND WARNING
UNLESS YOU PROVIDE US WITH EVIDENCE
OF THE INSURANCE COVERAGE AS REQUIRED BY OUR LOAN AGREEMENT WITHIN FIVE DAYS AFTER THE POSTMARK ON
THIS LETTER, WE WILL PURCHASE INSURANCE AT YOUR EXPENSE TO PROTECT OUR
INTEREST. THIS INSURANCE MAY, BUT
NEED NOT, ALSO PROTECT YOUR INTEREST. IF THE COLLATERAL BECOMES DAMAGED, THE COVERAGE WE PURCHASE MAY
NOT PAY ANY CLAIM YOU MAKE OR ANY
CLAIM MADE AGAINST YOU. YOU MAY
LATER CANCEL THIS COVERAGE BY PROVIDING EVIDENCE THAT YOU HAVE OBTAINED PROPER COVERAGE ELSEWHERE
OR HAVE PAID OFF THE LOAN ON THE
COLLATERAL IN ITS ENTIRETY.
YOU ARE RESPONSIBLE FOR THE COST OF
THE INSURANCE PURCHASED BY US. THE
COST OF THIS INSURANCE MAY BE ADDED
TO YOUR LOAN BALANCE. IF THE COST IS
ADDED TO THE LOAN BALANCE, THE INTEREST RATE ON THE UNDERLYING LOAN
WILL APPLY TO THIS ADDED AMOUNT.
THE EFFECTIVE DATE OF COVERAGE MAY
BE THE DATE YOUR COVERAGE LAPSED OR
THE DATE YOU FAILED TO PROVIDE PROOF
OF COVERAGE.
THE COVERAGE WE PURCHASE WILL COST
YOU A TOTAL OF APPROXIMATELY $ . . . .
(PLUS INTEREST) AND MAY BE CONSIDERABLY MORE EXPENSIVE THAN INSURANCE
YOU CAN OBTAIN ON YOUR OWN.
The final notice and warning shall identify whether the
coverage to be purchased is vendor single interest or
collateral protection coverage and disclose the extent of the
borrower’s coverage, if any, including a statement of
(2002 Ed.)
Casualty Insurance
whether the coverage satisfies Washington’s mandatory
liability insurance laws.
(2) If reasonable efforts to provide the borrower with
the notice required under subsection (1) of this section fail
to produce evidence of the required insurance, the secured
party may proceed to impose charges for vendor single
interest or collateral protection coverage no sooner than eight
days after giving notice as required under this chapter.
Reasonable efforts to provide notice under this section
means:
(a) Within thirty days before the secured party is
required to send the final notice and warning in compliance
with subsection (1) of this section, the secured party shall
mail a notice by first class mail to the borrower’s last known
address as contained in the secured party’s records. The
notice shall state that the secured party intends to charge the
borrower for vendor single interest or collateral protection
coverage on the collateral if the borrower fails to provide
evidence of proper insurance to the lender; and
(b) The secured party shall send the final notice and
warning notice in compliance with subsection (1) of this
section by certified mail to the borrower’s last known
address as contained in the secured party’s records at least
eight days before the insurance is charged to the borrower by
the insurer.
(3) The secured party is responsible for complying with
subsection (2)(a) and (b) of this section. However, a secured
party may seek the services of other entities to fulfill the
requirements of subsection (2)(a) and (b) of this section.
(4) Nothing contained in this chapter, or a secured
party’s compliance with or failure to comply with this
chapter, shall be construed to require the secured party to
purchase vendor single interest or collateral protection
coverage, and the secured party shall not be liable to the
borrower or any third party as a result of its failure to
purchase vendor single interest or collateral protection
coverage.
(5) Substantial compliance by a secured party with
RCW 48.22.110 through 48.22.130 constitutes a complete
defense to any claim arising under the laws of this state
challenging the secured party’s placement of vendor single
interest or collateral protection coverage.
(6) The effective date of vendor single interest or
collateral protection coverage placed under this chapter shall
be either the date that the borrower’s prior coverage lapsed
or the date that the borrower failed to provide proof of
coverage on the vehicle or vessel as required under the contract or loan agreement. Premiums for vendor single interest
or collateral protection coverage placed under this chapter
shall be calculated on a basis that does not exceed the
outstanding credit balance as of the effective date of the
coverage even though the coverage may limit liability to the
outstanding balance, actual cash value, or cost of repair.
(7) If the secured party has purchased the contract or
loan agreement relating to the motor vehicle or vessel from
the seller of the motor vehicle or vessel under an agreement
that the seller must repurchase the contract or loan agreement in the event of a default by the borrower, the secured
party shall send a copy of the notice provided under subsection (2)(a) of this section by first class mail to the seller at
the seller’s last known address on file with the secured party
(2002 Ed.)
48.22.120
when such notice is sent to the borrower under subsection
(2)(a) of this section. [1994 c 186 § 3.]
Effective date—1994 c 186 §§ 1-5: See note following RCW
48.22.110.
48.22.125 Vendor single-interest or collateral
protection coverage—Cancellation when borrower has
obtained insurance—Interest rate for financing. (1) The
secured party shall cancel vendor single interest or collateral
protection coverage charged to the borrower effective the
date of receipt of proper evidence from the borrower that the
borrower has obtained insurance to protect the secured
party’s interest. Proper evidence includes an insurance
binder that is no older than ninety days from the date of
issuance and that contains physical damage coverage as
provided in the borrower’s loan agreement with respect to
the motor vehicle or vessel.
(2) If the underlying loan or extension of credit for the
underlying loan is satisfied, the secured party may not
require the borrower to maintain vendor single interest or
collateral protection coverage that has been purchased.
(3) The interest rate for financing the cost of vendor
single interest or collateral protection coverage may not
exceed the interest rate applied to the underlying loan
obligation. [1994 c 186 § 4.]
Effective date—1994 c 186 §§ 1-5: See note following RCW
48.22.110.
48.22.130 Vendor single-interest or collateral
protection coverage—Canceled or discontinued—
Premium refund. If vendor single interest or collateral
protection coverage is canceled or discontinued under RCW
48.22.125 (1) or (2), the amount of unearned premium must
be refunded to the borrower. At the option of the secured
party, this refund may take the form of a credit against the
borrower’s obligation to the secured party. If the refund is
taken as a credit against the borrower’s obligation to the
secured party, the secured party shall provide the borrower
with an itemized statement that indicates the amount of the
credit and where the credit has been applied. [1994 c 186
§ 5.]
Effective date—1994 c 186 §§ 1-5: See note following RCW
48.22.110.
48.22.135 Vendor single-interest or collateral
protection coverage—Application. The failure of a secured
party prior to January 1, 1995, to provide notice as contemplated in this chapter, or otherwise to administer a
vendor single interest or collateral protection coverage
program in a manner similar to that required under this
chapter, shall not be admissible in any court or arbitration
proceeding or otherwise used to prove that a secured party’s
actions with respect to vendor single interest or collateral
protection coverage or similar coverage were unlawful or
otherwise improper. A secured party shall not be liable to
the borrower or any other party for placing vendor single
interest or collateral protection coverage in accordance with
the terms of an otherwise legal loan or other written agreement with the borrower entered prior to January 1, 1995.
The provisions of this section shall be applicable with
[Title 48 RCW—page 143]
48.22.135
Title 48 RCW: Insurance
respect to actions pending or commenced on or after June 9,
1994. [1994 c 186 § 7.]
48.22.140 Driver’s license suspension for nonpayment of child support—Exclusion of unlicensed driver
from insurance coverage not applicable—Notation in
driving record. In the event that the department of licensing suspends a driver’s license solely for the nonpayment of
child support as provided in chapter 74.20A RCW or for
noncompliance with a residential or visitation order as
provided in *chapter 26.09 RCW, any provision in the
driver’s motor vehicle liability insurance policy excluding
insurance coverage for an unlicensed driver shall not apply
to the driver for ninety days from the date of suspension.
When a driver’s license is suspended under chapter 74.20A
RCW, the driving record for the suspended driver shall
include a notation that explains the reason for the suspension. [1997 c 58 § 808.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Chapter 48.23
LIFE INSURANCE AND ANNUITIES
Sections
48.23.010
48.23.020
48.23.030
48.23.040
48.23.050
48.23.060
48.23.070
48.23.075
48.23.080
48.23.085
48.23.090
48.23.100
48.23.110
48.23.120
48.23.130
48.23.140
48.23.150
48.23.160
48.23.170
48.23.180
48.23.190
48.23.200
48.23.210
48.23.220
48.23.230
48.23.240
48.23.250
48.23.260
48.23.270
48.23.290
48.23.300
48.23.310
48.23.320
Scope of chapter.
Standard provisions required—Life insurance.
Grace period.
Entire contract—Representations.
Incontestability.
Misstatement of age.
Participation in surplus.
Participation in surplus—Requirements for forms.
Policy loan.
Policy loan interest rates.
Table of values and options.
Nonforfeiture options.
Table of installments.
Reinstatement.
Settlement on proof of death.
Standard provisions—Annuities, pure endowment contracts.
Grace period—Annuities, pure endowments.
Incontestability—Annuities, pure endowments.
Entire contract—Annuities, pure endowments.
Misstatement of age or sex—Annuities, pure endowments.
Dividends—Annuities, pure endowments.
Nonforfeiture benefits—Annuities, pure endowments.
Reinstatement—Annuities, pure endowments.
Standard provisions—Reversionary annuities.
Sections applicable.
Reinstatement—Reversionary annuities.
Supplemental benefits.
Limitation of liability.
Incontestability after reinstatement.
Premium deposits.
Policy settlements—Interest.
Deduction of indebtedness.
Miscellaneous proceeds.
[Title 48 RCW—page 144]
48.23.330
48.23.340
48.23.345
48.23.360
48.23.370
Trafficking in dividend rights.
Prohibited policy plans.
Juvenile life insurance—Speculative or fraudulent purposes.
Calculation of nonforfeiture benefits under annuities.
Duties of insurer issuing both participating and nonparticipating policies—Rules.
48.23.380 Return of policy and refund of premium—Grace period—
Notice—Effect.
48.23.410 Short title.
48.23.420 Inapplicability of enumerated sections to certain policies.
48.23.430 Paid-up annuity and cash surrender provisions required.
48.23.440 Minimum nonforfeiture amounts.
48.23.450 Minimum present value of paid-up annuity benefit.
48.23.460 Minimum cash surrender benefits—Death benefit.
48.23.470 Contracts without cash surrender, death benefits—Minimum
present value of paid-up annuity benefits.
48.23.480 Optional maturity dates.
48.23.490 Statement required in contract without cash surrender or
death benefits.
48.23.500 Calculation of benefits available other than on contract anniversary.
48.23.510 Additional benefits.
48.23.520 Operative date of RCW 48.23.410 through 48.23.520.
Assignment of policies: RCW 48.18.360.
Charitable gift annuity business: Chapter 48.38 RCW.
Exemption of proceeds
commutation, annuities: RCW 48.18.430.
life insurance: RCW 48.18.410.
Insurable interest, personal insurance, nonprofit organizations: RCW
48.18.030.
Minor may contract for life or disability insurance: RCW 48.18.020.
Payment to person designated in policy or by assignment discharges
insurer: RCW 48.18.370.
Policy forms, execution, filing, etc.: Chapter 48.18 RCW.
Simultaneous deaths: RCW 48.18.390.
Spouses’ rights in life insurance policy: RCW 48.18.440.
48.23.010 Scope of chapter. The provisions of this
chapter apply to contracts of life insurance and annuities
other than group life insurance, group annuities, and, except
for RCW 48.23.260, 48.23.270, 48.23.340, and *48.23.350,
other than industrial life insurance: PROVIDED, That the
provisions of Title 48 RCW shall not apply to charitable gift
annuities issued by a board of a state university, regional
university, or a state college, nor to the issuance thereof.
[1979 c 130 § 2; 1947 c 79 § .23.01; Rem. Supp. 1947 §
45.23.01.]
*Reviser’s note: RCW 48.23.350 was repealed by 1982 1st ex.s. c
9 § 36; later enactment, see chapter 48.76 RCW.
Severability—1979 c 130: See note following RCW 28B.10.485.
48.23.020 Standard provisions required—Life
insurance. (1) No policy of life insurance other than
industrial, group and pure endowments with or without
return of premiums or of premiums and interest, shall be
delivered or issued for delivery in this state unless it contains
in substance all of the provisions required by RCW
48.23.030 to 48.23.130, inclusive. This provision shall not
apply to annuity contracts.
(2) Any of such provisions or portions thereof not
applicable to single premium or term policies shall to that
extent not be incorporated therein. [1947 c 79 § .23.02;
Rem. Supp. 1947 § 45.23.02.]
48.23.030 Grace period. There shall be a provision
that the insured is entitled to a grace period of one month,
(2002 Ed.)
Life Insurance and Annuities
but not less than thirty days, within which the payment of
any premium after the first may be made, subject at the
option of the insurer to an interest charge not in excess of
six percent per annum for the number of days of grace
elapsing before the payment of the premium, during which
period of grace the policy shall continue in force, but in case
the policy becomes a claim during the grace period before
the overdue premium is paid, or the deferred premiums of
the current policy year, if any, are paid, the amount of such
premium or premiums with interest thereon may be deducted
in any settlement under the policy. [1947 c 79 § .23.03;
Rem. Supp. 1947 § 45.23.03.]
48.23.040 Entire contract—Representations. In all
such policies other than those containing a clause making the
policy incontestable from date of issue, there shall be a
provision that the policy and the application therefor, if a
copy thereof has been endorsed upon or attached to the
policy at issue and made a part thereof, shall constitute the
entire contract between the parties, and that all statements
made by the applicant or by the insured, shall, in the absence
of fraud, be deemed representations and not warranties.
[1947 c 79 § .23.04; Rem. Supp. 1947 § 45.23.04.]
48.23.050 Incontestability. There shall be a provision
that the policy shall be incontestable after it has been in
force during the lifetime of the insured for a period of two
years from its date of issue, except for nonpayment of
premiums and except, at the option of the insurer, as to
provisions relative to benefits in event of total and permanent disability and as to provisions which grant additional
insurance specifically against accidental death. [1947 c 79
§ .23.05; Rem. Supp. 1947 § 45.23.05.]
48.23.060 Misstatement of age. There shall be a
provision that if it is found that the age of the insured (or the
age of any other individual considered in determining the
premium) has been misstated, the amount payable under the
policy shall be such as the premium would have purchased
at the correct age or ages, according to the insurer’s rate at
date of issue. [1947 c 79 § .23.06; Rem. Supp. 1947 §
45.23.06.]
48.23.070 Participation in surplus. (1) In all policies
which provide for participation in the insurer’s surplus, there
shall be a provision that the policy shall so participate
annually in the insurer’s divisible surplus as apportioned by
the insurer, beginning not later than the end of the third
policy year. Any policy containing provision for annual
participation beginning at the end of the first policy year,
may also provide that each dividend shall be paid subject to
the payment of the premiums for the next ensuing year. The
insured under any annual dividend policy shall have the right
each year to have the current dividend arising from such
participation either paid in cash, or applied in accordance
with such other dividend option as may be specified in the
policy and elected by the insured. The policy shall further
provide which of the options shall be effective if the insured
shall fail to notify the insurer in writing of his election
within the period of grace allowed for the payment of
premium.
(2002 Ed.)
48.23.030
(2) This section shall not apply to paid-up nonforfeiture
benefits nor paid-up policies issued on default in payment of
premiums. [1947 c 79 § .23.07; Rem. Supp. 1947 §
45.23.07.]
48.23.075 Participation in surplus—Requirements
for forms. (1) Life insurance and annuity policy forms of
the following types shall be defined and designated as
participating forms of insurance only if they contain a
provision for participation in the insurer’s surplus, and shall
be defined and designated as nonparticipating forms if they
do not contain a provision for participation in the insurer’s
surplus:
(a) Forms which provide that the premium or consideration at the time of issue and subsequent premiums or
considerations will be established by the insurer based on
current, or then current, projected assumptions for such
factors as interest, mortality, persistency, expense, or other
factors, subject to a maximum guaranteed premium or
premiums set forth in the policy; and
(b) Forms (except those for variable life insurance and
variable annuity plans which are subject to chapter 48.18A
RCW) which provide that their premiums or considerations
are credited to an account to which interest is credited, and
from which the cost of any life insurance or annuity benefits
or other benefits or specified expenses are deducted.
(2) The commissioner may by regulation further clarify
the definitions and requirements contained in subsection (1)
of this section, and may classify any other types of forms as
participating or nonparticipating, consistent therewith. [1982
c 181 § 19.]
Severability—1982 c 181: See note following RCW 48.03.010.
48.23.080 Policy loan. (1) There shall be a provision
that after three full years’ premiums have been paid thereon,
the insurer at any time, while the policy is in force, will
advance, on proper assignment or pledge of the policy and
on the sole security thereof, at a rate of interest provided in
this chapter as now or hereafter amended, a sum to be
determined as follows:
(a) If such policy is issued prior to the operative date of
*RCW 48.23.350, the sum, including any interest paid in
advance but not beyond the end of the current policy year,
shall be equal to or at the option of the owner of the policy
less than, the reserve at the end of the current policy year on
the policy and on any dividend additions thereto, less a sum
not more than two and one-half percent of the amount
insured by the policy and of any dividend additions thereto.
The policy may contain a provision by which the insurer
reserves the right to defer the making of the loan, except
when made to pay premiums, for a period not exceeding six
months after the date of application therefor.
(b) If such policy is issued on or after such operative
date, the sum, including any interest to the end of the current
policy year shall not exceed the cash surrender value at the
end of the current policy year, as required by *RCW
48.23.350.
(c)(i) The policy shall contain (A) a provision that
policy loans shall bear interest at a specified rate not
exceeding six percent per annum, or (B) a provision that
[Title 48 RCW—page 145]
48.23.080
Title 48 RCW: Insurance
policy loans shall bear interest at a variable of not less than
four nor more than eight percent per annum.
(ii) The variable rate shall not be changed more frequently than once per year and no change may exceed one
percent per annum except reductions. The insurer shall give
at least thirty days’ notice to the policy owner or the owner’s
designee of any changes in the interest rate.
(iii) The provisions of (c)(i) and (c)(ii) of this subsection
shall apply only in policies in existence prior to August 1,
1981.
(2) Such policy shall further provide that the insurer
may deduct from such loan value any existing indebtedness
on the policy (unless such indebtedness has already been
deducted in determining the cash surrender value) and any
unpaid balance of the premium for the current policy year;
and that if the loan is made or repaid on a date other than
the anniversary of the policy, the insurer shall be entitled to
interest for the portion of the current policy year at the rate
of interest specified in the policy.
(3) Such policy may further provide that if the interest
on the loan is not paid when due, it shall be added to the
existing indebtedness and shall bear interest at the same rate;
and that if and when the total indebtedness on the policy,
including interest due or accruing, equals or exceeds the
amount of the loan value thereof which would otherwise
exist at such time, the policy shall terminate in full settlement of such indebtedness and become void; except, that it
shall be stipulated in the policy that no such termination
shall be effective prior to the expiration of at least thirty
days after notice of the pendency of the termination was
mailed by the insurer to the insured and the assignee, if any,
at their respective addresses last of record with the insurer.
(4) The insurer shall provide in any policy issued on or
after the operative date of *RCW 48.23.350 that the making
of any loan, other than a loan to pay premiums, may be
deferred for not exceeding six months after the application
for the loan has been received by it. [1981 c 247 § 3; 1977
ex.s. c 250 § 1; 1947 c 79 § .23.08; Rem. Supp. 1947 §
45.23.08.]
*Reviser’s note: RCW 48.23.350 was repealed by 1982 1st ex.s. c
9 § 36; later enactment, see chapter 48.76 RCW.
Purpose—Effective date—1981 c 247: See notes following RCW
48.23.085.
Construction—1977 ex.s. c 250: "This 1977 amendatory act shall
not impair the terms and conditions of any policy of life insurance in force
prior to the effective date of this 1977 amendatory act." [1977 ex.s. c 250
§ 2.]
48.23.085 Policy loan interest rates. (1) As used in
this section, "published monthly average" means:
(a) The "Moody’s Corporate Bond Yield Average Monthly Average Corporates" as published by Moody’s
Investors Service, Incorporated or any successor thereto; or
(b) If the "Moody’s Corporate Bond Yield Average Monthly Average Corporates" is no longer published, a
substantially similar average, established by rule issued by
the commissioner.
(2) Policies issued on or after August 1, 1981, shall
provide for policy loan interest rates by containing:
(a) A provision permitting a maximum interest rate of
not more than eight percent per annum; or
[Title 48 RCW—page 146]
(b) A provision permitting an adjustable maximum
interest rate established from time to time by the life insurer
as permitted by law.
(3) The rate of interest charged on a policy loan made
under (2)(b) of this section shall not exceed the higher of the
following:
(a) The published monthly average for the calendar
month ending two months before the date on which the rate
is determined; or
(b) The rate used to compute the cash surrender values
under the policy during the applicable period plus one
percent per annum.
(4) If the maximum rate of interest is determined
pursuant to (2)(b) of this section, the policy shall contain a
provision setting forth the frequency at which the rate is to
be determined for that policy.
(5) The maximum rate for each policy shall be determined at regular intervals at least once every twelve months,
but not more frequently than once in any three-month period.
At the intervals specified in the policy:
(a) The rate being charged may be increased whenever
such increase as determined under subsection (3) of this
section would increase that rate by one-half of one percent
or more per annum; and
(b) The rate being charged shall be reduced whenever
such reduction as determined under subsection (3) of this
section would decrease that rate by one-half of one percent
or more per annum.
(6) The life insurer shall:
(a) Notify the policyholder at the time a cash loan is
made of the initial rate of interest on the loan;
(b) Notify the policyholder with respect to premium
loans of the initial rate of interest on the loan as soon as it
is reasonably practical to do so after making the initial loan.
Notice need not be given to the policyholder when a further
premium loan is added, except as provided in (c) of this
subsection;
(c) Send to policyholders with loans reasonable advance
notice of any increase in the rate; and
(d) Include in the notices required in this subsection the
substance of the pertinent provisions of subsections (2) and
(4) of this section.
(7) The substance of the pertinent provisions of subsections (2) and (4) of this section shall be set forth in the
policies to which they apply.
(8) The loan value of the policy shall be determined in
accordance with RCW 48.23.080, but no policy shall
terminate in a policy year as the sole result of change in the
interest rate during that policy year, and the life insurer shall
maintain coverage during that policy year until the time at
which it would otherwise have terminated if there had been
no change during that policy year.
(9) For purposes of this section:
(a) The rate of interest on policy loans permitted under
this section includes the interest rate charged on reinstatement of policy loans for the period during and after any
lapse of a policy;
(b) The term "policy loan" includes any premium loan
made under a policy to pay one or more premiums that were
not paid to the life insurer as they fell due;
(2002 Ed.)
Life Insurance and Annuities
(c) The term "policyholder" includes the owner of the
policy or the person designated to pay premiums as shown
on the records of the life insurer; and
(d) The term "policy" includes certificates issued by a
fraternal benefit society and annuity contracts which provide
for policy loans.
(10) No other provision of law shall apply to policy
loan interest rates unless made specifically applicable to such
rates. [1981 c 247 § 2.]
Purpose—1981 c 247: "The purpose of this act is to permit and set
guidelines for life insurers to include in life insurance policies issued after
the effective date of this act a provision for periodic adjustment of policy
loan interest rates." [1981 c 247 § 1.]
Effective date—1981 c 247: "This act shall take effect August 1,
1981, and shall not apply to any insurance contract before that date." [1981
c 247 § 5.]
48.23.090 Table of values and options. There shall
be a table showing in figures the loan value, if any, and any
options available under the policy each year upon default in
premium payments, during at least the first twenty years of
the policy, or for its life if maturity or expiry occurs in less
than twenty years. [1947 c 79 § .23.09; Rem. Supp. 1947 §
45.23.09.]
48.23.100 Nonforfeiture options. There shall be a
provision specifying the option to which the policyholder is
automatically entitled in the absence of the election of other
nonforfeiture options upon default in premium payment after
nonforfeiture values become available. [1947 c 79 § .23.10;
Rem. Supp. 1947 § 45.23.10.]
48.23.110 Table of installments. If the policy
provides for payment of its proceeds in installments or as an
annuity, a table showing the amount and period of such
installments or annuity shall be included in the policy.
Except, that if in the judgment of the commissioner it is not
practical to include certain tables in the policy, the requirements of this section may be met as to such policy by the
insurer filing such tables with the commissioner. [1947 c 79
§ .23.11; Rem. Supp. 1947 § 45.23.11.]
48.23.120 Reinstatement. There shall be a provision
that the policy may be reinstated at any time within three
years after the date of default in the payment of any premium, unless the policy has been surrendered for its cash value, or the period of any extended insurance provided by the
policy has expired, upon evidence of insurability satisfactory
to the insurer and the payment of all overdue premiums, and
payment (or, within the limits permitted by the then cash
values of the policy, reinstatement) of any other indebtedness
to the insurer upon the policy with interest as to premiums
at a rate not exceeding six percent per annum compounded
annually. [1981 c 247 § 4; 1947 c 79 § .23.12; Rem. Supp.
1947 § 45.23.12.]
Purpose—Effective date—1981 c 247: See notes following RCW
48.23.085.
48.23.130 Settlement on proof of death. There shall
be a provision that when a policy becomes a claim by the
death of the insured, settlement shall be made upon receipt
(2002 Ed.)
48.23.085
of due proof of death and surrender of the policy. [1947 c
79 § .23.13; Rem. Supp. 1947 § 45.23.13.]
48.23.140 Standard provisions—Annuities, pure
endowment contracts. No annuity or pure endowment
contract, other than reversionary annuities, or survivorship
annuities, or group annuities, shall be delivered or issued for
delivery in this state unless it contains in substance each of
the provisions specified in RCW 48.23.150 to 48.23.210
inclusive. Any of such provisions not applicable to single
premium annuities or single premium pure endowment contracts shall not, to that extent, be incorporated therein.
This section shall not apply to contracts for deferred
annuities included in, or upon the lives of beneficiaries
under, life insurance policies. [1947 c 79 § .23.14; Rem.
Supp. 1947 § 45.23.14.]
48.23.150 Grace period—Annuities, pure endowments. In such contracts, there shall be a provision that
there shall be a period of grace of one month, but not less
than thirty days, within which any stipulated payment to the
insurer falling due after the first may be made, subject at the
option of the insurer, to an interest charge thereon at a rate
to be specified in the contract but not exceeding six percent
per annum for the number of days of grace elapsing before
such payment, during which period of grace, the contract
shall continue in full force; but in case a claim arises under
the contract on account of death prior to expiration of the
period of grace before the overdue payment to the insurer of
the deferred payments of the current contract year, if any,
are made, the amount of such payments, with interest on any
overdue payments, may be deducted from any amount
payable under the contract in settlement. [1947 c 79 §
.23.15; Rem. Supp. 1947 § 45.23.15.]
48.23.160 Incontestability—Annuities, pure endowments. If any statements, other than those relating to age,
sex, and identity, are required as a condition to issuing such
an annuity or pure endowment contract, and subject to RCW
48.23.180, there shall be a provision that the contract shall
be incontestable after it has been in force during the lifetime
of the person or of each of the persons as to whom such
statements are required, for a period of two years from its
date of issue, except for nonpayment of stipulated payments
to the insurer; and at the option of the insurer, such contract
may also except any provisions relative to benefits in the
event of total and permanent disability and any provisions
which grant insurance specifically against death by accident.
[1947 c 79 § .23.16; Rem. Supp. 1947 § 45.23.16.]
48.23.170 Entire contract—Annuities, pure endowments. In such contracts there shall be a provision that the
contract shall constitute the entire contract between the
parties, or, if a copy of the application is endorsed upon or
attached to the contract when issued, a provision that the
contract and the application therefor shall constitute the
entire contract between the parties. [1947 c 79 § .23.17;
Rem. Supp. 1947 § 45.23.17.]
48.23.180 Misstatement of age or sex—Annuities,
pure endowments. In such contracts there shall be a
[Title 48 RCW—page 147]
48.23.180
Title 48 RCW: Insurance
provision that if the age or sex of the person or persons upon
whose life or lives the contract is made, or if any of them
has been misstated, the amount payable or benefit accruing
under the contract shall be such as the stipulated payment or
payments to the insurer would have purchased according to
the correct age or sex; and that if the insurer shall make or
has made any underpayment or underpayments or any
overpayment or overpayments on account of any such
misstatement, the amount thereof, with interest at the rate to
be specified in the contract but not exceeding six percent per
annum, shall, in the case of underpayment, be paid the
insured or, in the case of overpayment, may be charged
against the current or next succeeding payment or payments
to be made by the insurer under the contract. [1982 c 181
§ 12; 1947 c 79 § .23.18; Rem. Supp. 1947 § 45.23.18.]
applicable to single premium annuities shall not, to that
extent, be incorporated therein.
This section shall not apply to group annuities or to
annuities included in life insurance policies. [1947 c 79 §
.23.22; Rem. Supp. 1947 § 45.23.22.]
48.23.230 Sections applicable. Any such reversionary
annuity contract shall contain the provisions specified in
RCW 48.23.150 to 48.23.190, inclusive, except that under
RCW 48.23.150 the insurer may at its option provide for an
equitable reduction of the amount of the annuity payments
in settlement of an overdue or deferred payment in lieu of
providing for a deduction of such payments from an amount
payable upon a settlement under the contract. [1947 c 79 §
.23.23; Rem. Supp. 1947 § 45.23.23.]
Severability—1982 c 181: See note following RCW 48.03.010.
48.23.190 Dividends—Annuities, pure endowments.
If such contract is participating, there shall be a provision
that the insurer shall annually ascertain and apportion any
divisible surplus accruing on the contract. [1947 c 79 §
.23.19; Rem. Supp. 1947 § 45.23.19.]
48.23.200 Nonforfeiture benefits—Annuities, pure
endowments. Such contracts issued after the operative date
of RCW 48.23.360 and individual deferred annuities issued
before the operative date of RCW 48.23.420 through
48.23.520 shall contain:
(1) A provision that in the event of default in any
stipulated payment, the insurer will grant a paid-up nonforfeiture benefit on a plan stipulated in the contract, effective
as of such date, of such value as is hereinafter specified.
(2) A statement of the mortality table and interest rate
used in calculating the paid-up nonforfeiture benefit available
under the contract.
(3) An explanation of the manner in which the paid-up
nonforfeiture benefits are altered by the existence of any
paid-up additions credited to the contract or any indebtedness
to the insurer on the contract. [1982 1st ex.s. c 9 § 34; 1979
c 157 § 3; 1947 c 79 § .23.20; Rem. Supp. 1947 §
45.23.20.]
48.23.210 Reinstatement—Annuities, pure endowments. In such contracts there shall be a provision that the
contract may be reinstated at any time within one year from
the date of default in making stipulated payments to the
insurer, unless the cash surrender value has been paid, but all
overdue stipulated payments and any indebtedness to the
insurer on the contract shall be paid or reinstated, with
interest thereon at a rate to be specified in the contract but
not exceeding six percent per annum payable annually, and
in cases where applicable, the insurer may also include a
requirement of evidence of insurability satisfactory to the
insurer. [1947 c 79 § .23.21; Rem. Supp. 1947 § 45.23.21.]
48.23.220 Standard provisions—Reversionary
annuities. No contract for a reversionary annuity shall be
delivered or issued for delivery in this state unless it contains
in substance each of the provisions specified in RCW
48.23.230 and 48.23.240. Any of such provisions not
[Title 48 RCW—page 148]
48.23.240 Reinstatement—Reversionary annuities.
In such reversionary annuity contracts there shall be a
provision that the contract may be reinstated at any time
within three years from the date of default in making
stipulated payments to the insurer, upon production of
evidence of insurability satisfactory to the insurer, and upon
condition that all overdue payments and any indebtedness to
the insurer on account of the contract be paid, or, within the
limits permitted by the then cash values of the contract, reinstated, with interest as to both payments and indebtedness at
a rate to be specified in the contract but not exceeding six
percent per annum compounded annually. [1947 c 79 §
.23.24; Rem. Supp. 1947 § 45.23.24.]
48.23.250 Supplemental benefits. The commissioner
may make reasonable rules and regulations concerning the
conditions in provisions granting additional benefits in event
of the insured’s accidental death, or in event the insured
becomes totally and permanently disabled, which are a part
of or supplemental to life insurance contracts. [1947 c 79 §
.23.25; Rem. Supp. 1947 § 45.23.25.]
48.23.260 Limitation of liability. (1) The insurer
may in any life insurance policy or annuity or pure endowment contract limit its liability to a determinable amount not
less than the full reserve of the policy and of dividend
additions thereto in event only of death occurring:
(a) As a result of war, or any act of war, declared or
undeclared, or of service in the military, naval or air forces
or in civilian forces auxiliary thereto, or from any cause
while a member of any such military, naval or air forces of
any country at war, declared or undeclared.
(b) As a result of suicide of the insured, whether sane
or insane, within two years from date of issue of the policy.
(c) As a result of aviation under conditions specified in
the policy.
(2) An insurer may specify conditions pertaining to the
items of subsection (1) of this section which in the
commissioner’s opinion are more favorable to the policyholder. [1947 c 79 § .23.26; Rem. Supp. 1947 § 45.23.26.]
48.23.270 Incontestability after reinstatement. The
reinstatement of any policy of life insurance or contract of
annuity hereafter delivered or issued for delivery in this state
may be contestable on account of fraud or misrepresentation
(2002 Ed.)
Life Insurance and Annuities
of facts material to the reinstatement only for the same
period following reinstatement as the policy provides with
respect to contestability after original issuance. [1947 c 79
§ .23.27; Rem. Supp. 1947 § 45.23.27.]
48.23.290 Premium deposits. (1) A life insurer may,
under such policy provisions or agreements as have been
approved by the commissioner consistent with this section,
contract for and accept premium deposits in addition to the
regular premiums specified in the policy, for the purpose of
paying future premiums, or to facilitate conversion of the
policy, or to increase the benefits thereof.
(2) The unused accumulation from such deposits shall
be held and accounted for as a premium deposit fund, and
the policy or agreement shall provide for the manner of
application of the premium deposit fund to the payment of
premiums otherwise in default and for the disposition of the
fund if it is not sufficient to pay the next premium.
(3) Such fund shall:
(a) Be available upon surrender of the policy, in
addition to the cash surrender value; and
(b) be payable upon the insured’s death or upon
maturity of the policy; and
(c) be paid to the insured whenever the cash surrender
value together with the premium deposit fund equals or
exceeds the amount of insurance provided by the policy,
unless the amount of the deposit does not exceed that which
may be required to facilitate conversion of the policy to
another plan in accordance with its terms.
(4) No part of the premium deposit fund shall be paid
to the insured during the continuance of the policy except at
such times and in such amounts as is specified in the policy
or in the deposit agreement. [1947 c 79 § .23.29; Rem.
Supp. 1947 § 45.23.29.]
48.23.300 Policy settlements—Interest. Any life
insurer shall have the power to hold under agreement the
proceeds of any policy issued by it, upon such terms and
restrictions as to revocation by the policyholder and control
by beneficiaries, and with such exemptions from the claims
of creditors of beneficiaries other than the policyholder as set
forth in the policy or as agreed to in writing by the insurer
and the policyholder. Upon maturity of a policy in the event
the policyholder has made no such agreement, the insurer
shall have the power to hold the proceeds of the policy
under an agreement with the beneficiaries. The insurer shall
not be required to segregate funds so held but may hold
them as part of its general assets.
An insurer shall pay interest on death benefits payable
under the terms of a life insurance policy insuring the life of
any person who was a resident of this state at the time of
death. Such interest shall accrue commencing on the date of
death at the rate then paid by the insurer on other withdrawable policy proceeds left with the company, but not less than
eight percent. Benefits payable that have not been tendered
to the beneficiary within ninety days of the receipt of proof
of death shall accrue interest, commencing on the ninety-first
day, at the aforementioned rate plus three percent. This
section applies to death of insureds that occur on or after
September 1, 1985. [1985 c 264 § 23; 1983 1st ex.s. c 32
§ 21; 1947 c 79 § .23.30; Rem. Supp. 1947 § 45.23.30.]
(2002 Ed.)
48.23.270
48.23.310 Deduction of indebtedness. In determining
the amount due under any life insurance policy heretofore or
hereafter issued, deduction may be made of
(1) any unpaid premiums or installments thereof for the
current policy year due under the terms of the policy, and of
(2) the amount of principal and accrued interest of any
policy loan or other indebtedness against the policy then
remaining unpaid, such principal increased by unpaid interest
and compounded as provided in this chapter. [1947 c 79 §
.23.31; Rem. Supp. 1947 § 45.23.31.]
48.23.320 Miscellaneous proceeds. Upon the death
of the insured and except as is otherwise expressly provided
by the policy or premium deposit agreement, a life insurer
may pay to the surviving spouse, children, beneficiary, or
other person other than the insured’s estate, appearing to the
insurer to be equitably entitled thereto, sums held by it and
comprising:
(1) Premiums paid in advance, and which premiums did
not fall due prior to such death, or funds held on deposit for
the payment of future premiums.
(2) Dividends theretofore declared on the policy and
held by the insurer under the insured’s option.
(3) Dividends becoming payable on or after the death of
the insured. [1947 c 79 § .23.32; Rem. Supp. 1947 §
45.23.32.]
48.23.330 Trafficking in dividend rights. No life
insurer nor any of its representatives, agents, or affiliates,
shall buy, take by assignment other than in connection with
policy loans, or otherwise deal or traffic in any rights to
dividends existing under participating life insurance policies
issued by the insurer. [1947 c 79 § .23.33; Rem. Supp. 1947
§ 45.23.33.]
48.23.340 Prohibited policy plans. No life insurer
shall hereafter issue for delivery or deliver in this state any
life insurance policy:
(1) Issued under any plan for the segregation of policyholders into mathematical groups and providing benefits for
a surviving policyholder of a group arising out of the death
of another policyholder of such group, or under any other
similar plan.
(2) Providing benefits or values for surviving or
continuing policyholders contingent upon the lapse or
termination of the policies of other policyholders, whether by
death or otherwise. [1947 c 79 § .23.34; Rem. Supp. 1947
§ 45.23.34.]
48.23.345 Juvenile life insurance—Speculative or
fraudulent purposes. Life insurers shall develop and
implement underwriting standards and procedures designed
to detect and prevent the purchase of juvenile life insurance
for speculative or fraudulent purposes. These standards and
procedures shall be made available for review by the
commissioner.
Life insurers shall maintain records of underwriting
rejections of applications for life insurance on juvenile lives
for a period of ten years. [2001 c 197 § 1.]
Effective date—2001 c 197: "This act takes effect August 1, 2001."
[2001 c 197 § 2.]
[Title 48 RCW—page 149]
48.23.360
Title 48 RCW: Insurance
48.23.360 Calculation of nonforfeiture benefits
under annuities. (1) Nonforfeiture benefits: Any paid-up
nonforfeiture benefit available under any annuity or pure
endowment contract pursuant to RCW 48.23.200, in the
event of default in a consideration due on any contract
anniversary shall be such that its present value as of such
anniversary shall be not less than the excess, if any, of the
present value, on such anniversary, of the future guaranteed
benefits (excluding any total disability benefits attached to
such contracts) which would have been provided for by the
contract including any existing paid-up additions, if there had
been no default, over the sum of (a) the then present value
of the net consideration defined in subsection (2) of this
section corresponding to considerations which would have
fallen due on and after such anniversary, and (b) the amount
of any indebtedness to the company on the contract, including interest due or accrued. In determining the benefits
referred to in this section and in calculating the net consideration referred to in such subsection (2), in the case of
annuity contracts under which an election may be made to
have annuity payments commence at optional dates, the
annuity payments shall be deemed to commence at the latest
date permitted by the contract for the commencement of
such payments and the considerations shall be deemed to be
payable until such date, which, however, shall not be later
than the contract anniversary nearest the annuitant’s seventieth birthday.
(2) Net considerations: The net considerations for any
annuity or pure endowment contract referred to in subsection
(1) of this section shall be calculated on an annual basis,
shall be such that the present value thereof at date of issue
of the annuity shall equal the then present value of the future
benefits thereunder (excluding any total disability benefits attached to such contracts) and shall be not less than the
following percentages of the respective considerations
specified in the contracts for the respective contract years:
First year . . . . . . . . . . . . . . . . . . . . . . .
fifty percent
Second and subsequent years . . . . . . . . . . ninety percent
PROVIDED, That in the case of participating annuity
contracts the percentages hereinbefore specified may be
decreased by five.
(3) Basis of calculation: All net considerations and
present values for such contracts referred to in this section
shall be calculated on the basis of the 1937 Standard
Annuity Mortality Table or, at the option of the insurer, the
Annuity Mortality Table for 1949, Ultimate, or any modification of either of these tables approved by the commissioner, and the rate of interest, not exceeding three and one-half
percent per annum, specified in the contract for calculating
cash surrender values, if any, and paid-up nonforfeiture
benefits; except that with respect to annuity and pure
endowment contracts issued on or after the operative date of
*RCW 48.12.150(3)(b)(ii) for such contracts, such rate of
interest may be as high as four percent per annum: PROVIDED, That if such rate of interest exceeds three and onehalf percent per annum, all net considerations and present
values for such contracts referred to in this section shall be
calculated on the 1971 Individual Annuity Mortality Table,
or any modification of this table approved by the commissioner.
[Title 48 RCW—page 150]
(4) Calculations on default: Any cash surrender value
and any paid-up nonforfeiture benefit, available under any
such contract in the event of default in the payment of any
consideration due at any time other than on the contract
anniversary, shall be calculated with allowance for the lapse
of time and the payment of fractional considerations beyond
the last preceding contract anniversary. All values herein
referred to may be calculated upon the assumption that any
death benefit is payable at the end of the contract year of
death.
(5) Deferment of payment: If an insurer provides for
the payment of a cash surrender value, it shall reserve the
right to defer the payment of such value for a period of six
months after demand therefor with surrender of the contract.
(6) Lump sum in lieu: Notwithstanding the requirements of this section, any deferred annuity contract may
provide that if the annuity allowed under any paid-up
nonforfeiture benefit would be less than one hundred twenty
dollars annually, the insurer may at its option grant a cash
surrender value in lieu of such paid-up nonforfeiture benefit
of such amount as may be required by subsection (3) of this
section.
(7) Operative date: If no election is made by an insurer
for an operative date prior to July 1, 1948, such date shall be
the operative date for this section. [1973 1st ex.s. c 162 §
6; 1951 c 190 § 1; 1947 c 79 § .23.36; Rem. Supp. 1947 §
45.23.36.]
*Reviser’s note: RCW 48.12.150 was repealed by 1982 1st ex.s. c
9 § 36; later enactment, see chapter 48.74 RCW.
48.23.370 Duties of insurer issuing both participating and nonparticipating policies—Rules. (1) A life
insurer issuing both participating and nonparticipating
policies shall maintain records which segregate the participating from the nonparticipating business and clearly show
the profits and losses upon each such category of business.
(2) For the purposes of such accounting the insurer shall
make a reasonable allocation as between the respective such
categories of the expenses of such general operations or
functions as are jointly shared. Any allocation of expense as
between the respective categories shall be made upon a
reasonable basis, to the end that each category shall bear a
just portion of joint expense involved in the administration
of the business of such category.
(3) No policy hereafter delivered or issued for delivery
in this state shall provide for, and no life insurer or representative shall hereafter knowingly offer or promise payment,
credit or distribution of participating "dividends," "earnings,"
"profits," or "savings," by whatever name called, to participating policies out of such profits, earnings or savings on
nonparticipating policies.
(4) The commissioner may promulgate rules for the
purpose of assuring the equitable treatment of all policyholders so that one group of policyholders shall not support or be
supported by another group of policyholders. [1982 c 181
§ 13; 1965 ex.s. c 70 § 22.]
Severability—1982 c 181: See note following RCW 48.03.010.
48.23.380 Return of policy and refund of premium—Grace period—Notice—Effect. Every individual life
insurance policy issued after September 1, 1977, shall have
(2002 Ed.)
Life Insurance and Annuities
printed on its face or attached thereto a notice stating in substance that the policy owner shall be permitted to return the
policy within ten days after it is received by the policy
owner and to have the premium paid refunded if, after
examination of the policy, the policy owner is not satisfied
with it for any reason. An additional ten percent penalty
shall be added to any premium refund due which is not paid
within thirty days of return of the policy to the insurer or
agent. If a policy owner pursuant to such notice, returns the
policy to the insurer at its home or branch office or to the
agent through whom it was purchased, it shall be void from
the beginning and the parties shall be in the same position as
if no policy had been issued.
This section shall not apply to individual life insurance
policies issued in connection with a credit transaction or
issued under a contractual policy change or conversion
privilege provision contained in a policy. [1983 1st ex.s. c
32 § 10; 1977 c 60 § 1.]
48.23.410 Short title. RCW 48.23.420 through
48.23.520 shall be known as the standard nonforfeiture law
for individual deferred annuities. [1982 1st ex.s. c 9 § 21.]
48.23.420 Inapplicability of enumerated sections to
certain policies. RCW 48.23.420 through 48.23.520 do not
apply to any reinsurance; group annuity purchased under a
retirement plan or plan of deferred compensation established
or maintained by an employer (including a partnership or
sole proprietorship) or by an employee organization, or by
both, other than a plan providing individual retirement
accounts or individual retirement annuities under Section 408
of the Internal Revenue Code, as now or hereafter amended;
premium deposit fund; variable annuity; investment annuity;
immediate annuity; any deferred annuity contract after
annuity payments have commenced; or reversionary annuity;
nor to any contract which is delivered outside this state
through an agent or other representative of the company
issuing the contract. [1982 1st ex.s. c 9 § 22.]
48.23.430 Paid-up annuity and cash surrender
provisions required. In the case of contracts issued on or
after the operative date of this section as defined in RCW
48.23.520, no contract of annuity, except as stated in RCW
48.23.420, may be delivered or issued for delivery in this
state unless it contains in substance the following provisions,
or corresponding provisions which in the opinion of the
commissioner are at least as favorable to the contract holder,
upon cessation of payment of considerations under the contract:
(1) That upon cessation of payment of considerations
under a contract, the company will grant a paid-up annuity
benefit on a plan stipulated in the contract of such value as
is specified in RCW 48.23.450, 48.23.460, 48.23.470,
48.23.480, and 48.23.500;
(2) If a contract provides for a lump sum settlement at
maturity, or at any other time, that upon surrender of the
contract at or before the commencement of any annuity
payments, the company will pay in lieu of any paid-up
annuity benefit a cash surrender benefit of such amount as
is specified in RCW 48.23.450, 48.23.460, 48.23.480, and
48.23.500. The company shall reserve the right to defer the
(2002 Ed.)
48.23.380
payment of such cash surrender benefit for a period of six
months after demand therefor with surrender of the contract;
(3) A statement of the mortality table, if any, and
interest rates used in calculating any minimum paid-up
annuity, cash surrender, or death benefits that are guaranteed
under the contract, together with sufficient information to
determine the amounts of such benefits; and
(4) A statement that any paid-up annuity, cash surrender, or death benefits that may be available under the
contract are not less than the minimum benefits required by
any statute of the state in which the contract is delivered and
an explanation of the manner in which such benefits are
altered by the existence of any additional amounts credited
by the company to the contract, any indebtedness to the
company on the contract, or any prior withdrawals from or
partial surrenders of the contract.
Notwithstanding the requirements of this section, any
deferred annuity contract may provide that if no considerations have been received under a contract for a period of
two full years and the portion of the paid-up annuity benefit
at maturity on the plan stipulated in the contract arising from
considerations paid before such period would be less than
twenty dollars monthly, the company may at its option
terminate the contract by payment in cash of the then present
value of the portion of the paid-up annuity benefit, calculated
on the basis of the mortality table, if any, and interest rate
specified in the contract for determining the paid-up annuity
benefit, and by such payment is relieved of any further
obligation under such contract. [1982 1st ex.s. c 9 § 23.]
48.23.440 Minimum nonforfeiture amounts. The
minimum values as specified in RCW 48.23.450, 48.23.460,
48.23.470, 48.23.480, and 48.23.500 of any paid-up annuity,
cash surrender, or death benefits available under an annuity
contract shall be based upon minimum nonforfeiture amounts
as defined in this section.
(1) With respect to contracts providing for flexible
considerations, the minimum nonforfeiture amount at any
time at or prior to the commencement of any annuity
payments is equal to an accumulation up to such time at a
rate of interest of three percent per annum of percentages of
the net considerations, as defined in this subsection, paid
prior to such time, decreased by the sum of:
(a) Any prior withdrawals from or partial surrenders of
the contract accumulated at a rate of interest of three percent
per annum; and
(b) The amount of any indebtedness to the company on
the contract, including interest due and accrued, and increased by any existing additional amounts credited by the
company to the contract.
The net considerations for a given contract year used to
define the minimum nonforfeiture amount shall be an
amount not less than zero and shall be equal to the corresponding gross considerations credited to the contract during
that contract year less an annual contract charge of thirty
dollars and less a collection charge of one dollar and twentyfive cents per consideration credited to the contract during
that contract year. The percentages of net considerations
shall be sixty-five percent of the net consideration for the
first contract year and eighty-seven and one-half percent of
the net considerations for the second and later contract years.
[Title 48 RCW—page 151]
48.23.440
Title 48 RCW: Insurance
Notwithstanding the provisions of the preceding sentence, the
percentage shall be sixty-five percent of the portion of the
total net consideration for any renewal contract year which
exceeds by not more than two times the sum of those
portions of the net considerations in all prior contract years
for which the percentage was sixty-five percent.
(2) With respect to contracts providing for fixed
scheduled considerations, minimum nonforfeiture amounts
shall be calculated on the assumption that considerations are
paid annually in advance and shall be defined as for contracts with flexible considerations which are paid annually
with two exceptions:
(a) The portion of the net consideration for the first contract year to be accumulated shall be the sum of sixty-five
percent of the net consideration for the first contract year
plus twenty-two and one-half percent of the excess of the net
consideration for the first contract year over the lesser of the
net considerations for the second and third contract years;
and
(b) The annual contract charge shall be the lesser of (i)
thirty dollars or (ii) ten percent of the gross annual consideration.
(3) With respect to contracts providing for a single
consideration, minimum nonforfeiture amounts shall be
defined as for contracts with flexible considerations except
that the percentage of net consideration used to determine
the minimum nonforfeiture amount shall be equal to ninety
percent and the net consideration shall be the gross consideration less a contract charge of seventy-five dollars. [1982
1st ex.s. c 9 § 24.]
48.23.450 Minimum present value of paid-up
annuity benefit. Any paid-up annuity benefit available
under a contract shall be such that its present value on the
date annuity payments are to commence is at least equal to
the minimum nonforfeiture amount on that date. Such
present value shall be computed using the mortality table, if
any, and the interest rate specified in the contract for
determining the minimum paid-up annuity benefits guaranteed in the contract. [1982 1st ex.s. c 9 § 25.]
48.23.460 Minimum cash surrender benefits—Death
benefit. For contracts which provide cash surrender benefits, such cash surrender benefits available before maturity
shall not be less than the present value as of the date of
surrender of that portion of the maturity value of the paid-up
annuity benefit which would be provided under the contract
at maturity arising from considerations paid prior to the time
of cash surrender reduced by the amount appropriate to
reflect any prior withdrawals from or partial surrenders of
the contract, such present value being calculated on the basis
of an interest rate not more than one percent higher than the
interest rate specified in the contract for accumulating the net
considerations to determine such maturity value, decreased
by the amount of any indebtedness to the company on the
contract, including interest due and accrued, and increased
by any existing additional amounts credited by the company
to the contract. In no event may any cash surrender benefit
be less than the minimum nonforfeiture amount at that time.
The death benefit under such contracts shall be at least equal
to the cash surrender benefit. [1982 1st ex.s. c 9 § 26.]
[Title 48 RCW—page 152]
48.23.470 Contracts without cash surrender, death
benefits—Minimum present value of paid-up annuity
benefits. For contracts which do not provide cash surrender
benefits, the present value of any paid-up annuity benefit
available as a nonforfeiture option at any time prior to
maturity shall not be less than the present value of that
portion of the maturity value of the paid-up annuity benefit
provided under the contract arising from considerations paid
before the time the contract is surrendered in exchange for,
or changed to, a deferred paid-up annuity, such present value
being calculated for the period prior to the maturity date on
the basis of the interest rate specified in the contract for
accumulating the net considerations to determine such
maturity value, and increased by any existing additional
amounts credited by the company to the contract. For contracts which do not provide any death benefits prior to the
commencement of any annuity payments, such present
values shall be calculated on the basis of such interest rate
and the mortality table specified in the contract for determining the maturity value of the paid-up annuity benefit.
However, in no event may the present value of a paid-up
annuity benefit be less than the minimum nonforfeiture
amount at that time. [1982 1st ex.s. c 9 § 27.]
48.23.480 Optional maturity dates. For the purpose
of determining the benefits calculated under RCW 48.23.460
and 48.23.470, in the case of annuity contracts under which
an election may be made to have annuity payments commence at optional maturity dates, the maturity date shall be
deemed to be the latest date for which election is permitted
by the contract, but shall not be deemed to be later than the
anniversary of the contract next following the annuitant’s
seventieth birthday or the tenth anniversary of the contract,
whichever is later. [1982 1st ex.s. c 9 § 28.]
48.23.490 Statement required in contract without
cash surrender or death benefits. Any contract which
does not provide cash surrender benefits or does not provide
death benefits at least equal to the minimum nonforfeiture
amount prior to the commencement of any annuity payments
shall include a statement in a prominent place in the contract
that such benefits are not provided. [1982 1st ex.s. c 9 §
29.]
48.23.500 Calculation of benefits available other
than on contract anniversary. Any paid-up annuity, cash
surrender, or death benefits available at any time, other than
on the contract anniversary under any contract with fixed
scheduled considerations, shall be calculated with allowance
for the lapse of time and the payment of any scheduled
considerations beyond the beginning of the contract year in
which cessation of payment of considerations under the
contract occurs. [1982 1st ex.s. c 9 § 30.]
48.23.510 Additional benefits. For any contract
which provides, within the same contract by rider or supplemental contract provision, both annuity benefits and life
insurance benefits that are in excess of the greater of cash
surrender benefits or a return of the gross considerations
with interest, the minimum nonforfeiture benefits shall be
equal to the sum of the minimum nonforfeiture benefits for
(2002 Ed.)
Life Insurance and Annuities
the annuity portion and the minimum nonforfeiture benefits,
if any, for the life insurance portion computed as if each
portion were a separate contract. Notwithstanding the
provisions of RCW 48.23.450, 48.23.460, 48.23.470,
48.23.480, and 48.23.500, additional benefits payable (1) in
the event of total and permanent disability, (2) as reversionary annuity or deferred reversionary annuity benefits, or (3)
as other policy benefits additional to life insurance, endowment, and annuity benefits, and considerations for all such
additional benefits, shall be disregarded in ascertaining the
minimum nonforfeiture amounts, paid-up annuity, or cash
surrender and death benefits that may be required by RCW
48.23.410 through 48.23.520. The inclusion of such additional benefits shall not be required in any paid-up benefits,
unless such additional benefits separately would require
minimum nonforfeiture amounts, paid-up annuity, or cash
surrender and death benefits. [1982 1st ex.s. c 9 § 31.]
48.23.520 Operative date of RCW 48.23.410
through 48.23.520. After July 10, 1982, any company may
file with the commissioner a written notice of its election to
comply with the provisions of RCW 48.23.410 through
48.23.520 after a specified date before the second anniversary of July 10, 1982. After the filing of such notice, then
upon such specified date, which shall be the operative date
of RCW 48.23.410 through 48.23.520 for such company,
RCW 48.23.410 through 48.23.520 shall become operative
with respect to annuity contracts thereafter issued by such
company. If a company makes no such election, the
operative date of RCW 48.23.410 through 48.23.520 for such
company shall be the second anniversary of July 10, 1982.
[1982 1st ex.s. c 9 § 32.]
Chapter 48.23A
LIFE INSURANCE POLICY ILLUSTRATIONS
Sections
48.23A.005
48.23A.010
48.23A.015
48.23A.020
48.23A.030
48.23A.040
48.23A.050
48.23A.060
48.23A.070
48.23A.080
48.23A.090
48.23A.900
48.23A.901
Purpose—Standards for life insurance policy illustrations.
Scope of chapter—Exceptions.
Definitions.
Marketing with or without an illustration—Notice to commissioner—Conditions—Availability.
Illustration used in sale—Label—Required basic information—Prohibitions—Use of interest rate.
Basic illustration—Conforming requirements—Brief descriptions—Numeric summaries—Required statements.
Supplemental illustration—Conditions for use—Reference to
basic illustration.
Illustration used or not used during sale—Signed copy of
illustration or acknowledgment of no use—Computer
screen—Retained copies.
Policy designated for use of illustrations—Annual report—
Required information—In-force illustrations—Notice of
adverse changes.
Illustration actuaries—Conditions for appointment—
Duties—Certifications—Disclosures to commissioner.
Violations—RCW 48.30.010(1).
Severability—1997 c 313.
Effective date—Application—1997 c 313.
48.23A.005 Purpose—Standards for life insurance
policy illustrations. The purpose of this chapter is to
provide standards for life insurance policy illustrations that
will protect consumers and foster consumer education by
(2002 Ed.)
48.23.510
providing illustration formats, prescribing standards to be
followed when illustrations are used, and specifying the
disclosures that are required in connection with illustrations.
The goals of these standards are to ensure that illustrations
do not mislead purchasers of life insurance and to make
illustrations more understandable. Insurers will, as far as
possible, eliminate the use of footnotes and caveates and
define terms used in the illustration in language that would
be understood by a typical person within the segment of the
public to which the illustration is directed. [1997 c 313 § 1.]
48.23A.010 Scope of chapter—Exceptions. This
chapter applies to all group and individual life insurance
policies and certificates except:
(1) Variable life insurance;
(2) Individual and group annuity contracts;
(3) Credit life insurance; or
(4) Life insurance policies with no illustrated death
benefits on any individual exceeding ten thousand dollars.
[1997 c 313 § 2.]
48.23A.015 Definitions. The definitions in this
section apply throughout this chapter unless the context
requires otherwise.
(1) "Actuarial standards board" means the board
established by the American academy of actuaries to develop
and adopt standards of actuarial practice.
(2) "Contract premium" means the gross premium that
is required to be paid under a fixed premium policy, including the premium for a rider for which benefits are shown in
the illustration.
(3) "Currently payable scale" means a scale of
nonguaranteed elements in effect for a policy form as of the
preparation date of the illustration or declared to become
effective within the next ninety-five days.
(4) "Disciplined current scale" means a scale of
nonguaranteed elements constituting a limit on illustrations
currently being illustrated by an insurer that is reasonably
based on actual recent historical experience, as certified
annually by an illustration actuary designated by the insurer.
Further guidance in determining the disciplined current scale
as contained in standards established by the actuarial standards board may be relied upon if the standards:
(a) Are consistent with all provisions of this chapter;
(b) Limit a disciplined current scale to reflect only
actions that have already been taken or events that have
already occurred;
(c) Do not permit a disciplined current scale to include
any projected trends of improvements in experience or any
assumed improvements in experience beyond the illustration
date; and
(d) Do not permit assumed expenses to be less than
minimum assumed expenses.
(5) "Generic name" means a short title descriptive of the
policy being illustrated, such as whole life, term life, or
flexible premium adjustable life.
(6) "Guaranteed elements" means the premiums,
benefits, values, credits, or charges under a policy of life
insurance that are guaranteed and determined at issue.
[Title 48 RCW—page 153]
48.23A.015
Title 48 RCW: Insurance
(7) "Nonguaranteed elements" means the premiums,
benefits, values, credits, or charges under a policy of life
insurance that are not guaranteed or not determined at issue.
(8) "Illustrated scale" means a scale of nonguaranteed
elements currently being illustrated that is not more favorable to the policy owner than the lesser of:
(a) The disciplined current scale; or
(b) The currently payable scale.
(9) "Illustration" means a presentation or depiction that
includes nonguaranteed elements of a policy of life insurance
over a period of years and that is one of the three types
defined below:
(a) "Basic illustration" means a ledger or proposal used
in the sale of a life insurance policy that shows both guaranteed and nonguaranteed elements.
(b) "Supplemental illustration" means an illustration furnished in addition to a basic illustration that meets the
applicable requirements of this chapter, and that may be
presented in a format differing from the basic illustration,
but may only depict a scale of nonguaranteed elements that
is permitted in a basic illustration.
(c) "In-force illustration" means an illustration furnished
at any time after the policy that it depicts has been in force
for one year or more.
(10) "Illustration actuary" means an actuary meeting the
requirements of RCW 48.23A.080 who certifies to illustrations based on the standard of practice adopted by the
actuarial standards board.
(11) "Lapse-supported illustration" means an illustration
of a policy form failing the test of self-supporting, as defined
in this section, under a modified persistency rate assumption
using persistency rates underlying the disciplined current
scale for the first five years and one hundred percent policy
persistency thereafter.
(a) "Minimum assumed expenses" means the minimum
expenses that may be used in the calculation of the disciplined current scale for a policy form. The insurer may
choose to designate each year the method of determining
assumed expenses for all policy forms from the following:
(i) Fully allocated expenses;
(ii) Marginal expenses; and
(iii) A generally recognized expense table based on fully
allocated expenses representing a significant portion of
insurance companies and approved by the national association of insurance commissioners.
(b) Marginal expenses may be used only if greater than
a generally recognized expense table. If no generally
recognized expense table is approved, fully allocated
expenses must be used.
(12) "Nonterm group life" means a group policy or
individual policies of life insurance issued to members of an
employer group or other permitted group where:
(a) Every plan of coverage was selected by the employer or other group representative;
(b) Some portion of the premium is paid by the group
or through payroll deduction; and
(c) Group underwriting or simplified underwriting is
used.
(13) "Policy owner" means the owner named in the
policy or the certificate holder in the case of a group policy.
[Title 48 RCW—page 154]
(14) "Premium outlay" means the amount of premium
assumed to be paid by the policy owner or other premium
payer out-of-pocket.
(15) "Self-supporting illustration" means an illustration
of a policy form for which it can be demonstrated that, when
using experience assumptions underlying the disciplined
current scale, for all illustrated points in time on or after the
fifteenth policy anniversary or the twentieth policy anniversary for second-or-later-to-die policies, or upon policy
expiration if sooner, the accumulated value of all policy cash
flows equals or exceeds the total policy owner value available. For this purpose, policy owner value will include cash
surrender values and any other illustrated benefit amounts
available at the policy owner’s election. [1997 c 313 § 3.]
48.23A.020 Marketing with or without an illustration—Notice to commissioner—Conditions—Availability.
(1) Each insurer marketing policies to which this chapter is
applicable shall notify the commissioner whether a policy
form is to be marketed with or without an illustration. For
all policy forms being actively marketed on January 1, 1998,
the insurer shall identify in writing those forms and whether
or not an illustration will be used with them. For policy
forms filed after January 1, 1998, the identification shall be
made at the time of filing. Any previous identification may
be changed by notice to the commissioner.
(2) If the insurer identifies a policy form as one to be
marketed without an illustration, any use of an illustration
for any policy using that form prior to the first policy
anniversary is prohibited.
(3) If a policy form is identified by the insurer as one
to be marketed with an illustration, a basic illustration
prepared and delivered in accordance with this chapter is
required, except that a basic illustration need not be provided
to individual members of a group or to individuals insured
under multiple lives coverage issued to a single applicant
unless the coverage is marketed to these individuals. The
illustration furnished an applicant for a group life insurance
policy or policies issued to a single applicant on multiple
lives may be either an individual or composite illustration
representative of the coverage on the lives of members of the
group or the multiple lives covered.
(4) Potential enrollees of nonterm group life subject to
this chapter shall be furnished a quotation with the enrollment materials. The quotation shall show potential policy
values for sample ages and policy years on a guaranteed and
nonguaranteed basis appropriate to the group and the
coverage. This quotation is not considered an illustration for
purposes of this chapter, but all information provided shall
be consistent with the illustrated scale. A basic illustration
shall be provided at delivery of the certificate to enrollees
for nonterm group life who enroll for more than the minimum premium necessary to provide pure death benefit
protection. In addition, the insurer shall make a basic
illustration available to any nonterm group life enrollee who
requests it. [1997 c 313 § 4.]
48.23A.030 Illustration used in sale—Label—
Required basic information—Prohibitions—Use of
interest rate. (1) An illustration used in the sale of a life
insurance policy shall satisfy the applicable requirements of
(2002 Ed.)
Life Insurance Policy Illustrations
this chapter, be clearly labeled "life insurance illustration,"
and contain the following basic information:
(a) Name of insurer;
(b) Name and business address of producer or insurer’s
authorized representative, if any;
(c) Name, age, and sex of proposed insured, except
where a composite illustration is permitted under this
chapter;
(d) Underwriting or rating classification upon which the
illustration is based;
(e) Generic name of policy, the company product name,
if different, and form number;
(f) Initial death benefit; and
(g) Dividend option election or application of
nonguaranteed elements, if applicable.
(2) When using an illustration in the sale of a life
insurance policy, an insurer or its producers or other authorized representatives shall not:
(a) Represent the policy as anything other than life
insurance policy;
(b) Use or describe nonguaranteed elements in a manner
that is misleading or has the capacity or tendency to mislead;
(c) State or imply that the payment or amount of
nonguaranteed elements is guaranteed;
(d) Use an illustration that does not comply with the
requirements of this chapter;
(e) Use an illustration that at any policy duration depicts
policy performance more favorable to the policy owner than
that produced by the illustrated scale of the insurer whose
policy is being illustrated;
(f) Provide an applicant with an incomplete illustration;
(g) Represent in any way that premium payments will
not be required for each year of the policy in order to
maintain the illustrated death benefits, unless that is the fact;
(h) Use the term "vanish" or "vanishing premium," or a
similar term that implies the policy becomes paid up, to
describe a plan for using nonguaranteed elements to pay a
portion of future premiums;
(i) Except for policies that can never develop nonforfeiture values, use an illustration that is "lapse-supported"; or
(j) Use an illustration that is not "self-supporting."
(3) If an interest rate used to determine the illustrated
nonguaranteed elements is shown, it shall not be greater than
the earned interest rate underlying the disciplined current
scale. [1997 c 313 § 5.]
48.23A.040 Basic illustration—Conforming requirements—Brief descriptions—Numeric summaries—
Required statements. (1) A basic illustration shall conform
with the following requirements:
(a) The illustration shall be labeled with the date on
which it was prepared.
(b) Each page, including any explanatory notes or pages,
shall be numbered and show its relationship to the total
number of pages in the illustration (for example, the fourth
page of a seven-page illustration shall be labeled "page 4 of
7 pages").
(c) The assumed dates of payment receipt and benefit
payout within a policy year shall be clearly identified.
(d) If the age of the proposed insured is shown as a
component of the tabular detail, it shall be issue age plus the
(2002 Ed.)
48.23A.030
numbers of years the policy is assumed to have been in
force.
(e) The assumed payments on which the illustrated
benefits and values are based shall be identified as premium
outlay or contract premium, as applicable. For policies that
do not require a specific contract premium, the illustrated
payments shall be identified as premium outlay.
(f) Guaranteed death benefits and values available upon
surrender, if any, for the illustrated premium outlay or
contract premium shall be shown and clearly labeled
guaranteed.
(g) If the illustration shows any nonguaranteed elements,
they cannot be based on a scale more favorable to the policy
owner than the insurer’s illustrated scale at any duration.
These elements shall be clearly labeled nonguaranteed.
(h) The guaranteed elements, if any, shall be shown
before corresponding nonguaranteed elements and shall be
specifically referred to on any page of an illustration that
shows or describes only the nonguaranteed elements (for
example, "see page one for guaranteed elements").
(i) The account or accumulation value of a policy, if
shown, shall be identified by the name this value is given in
the policy being illustrated and shown in close proximity to
the corresponding value available upon surrender.
(j) The value available upon surrender shall be identified
by the name this value is given in the policy being illustrated
and shall be the amount available to the policy owner in a
lump sum after deduction of surrender charges, policy loans,
and policy loan interest, as applicable.
(k) Illustrations may show policy benefits and values in
graphic or chart form in addition to the tabular form.
(l) Any illustration of nonguaranteed elements shall be
accompanied by a statement indicating that:
(i) The benefits and values are not guaranteed;
(ii) The assumptions on which they are based are
subject to change by the insurer; and
(iii) Actual results may be more or less favorable.
(m) If the illustration shows that the premium payer
may have the option to allow policy charges to be paid using
nonguaranteed values, the illustration must clearly disclose
that a charge continues to be required and that, depending on
actual results, the premium payer may need to continue or
resume premium outlays. Similar disclosure shall be made
for premium outlay of lesser amounts or shorter durations
than the contract premium. If a contract premium is due, the
premium outlay display shall not be left blank or show zero
unless accompanied by an asterisk or similar mark to draw
attention to the fact that the policy is not paid up.
(n) If the applicant plans to use dividends or policy
values, guaranteed or nonguaranteed, to pay all or a portion
of the contract premium or policy charges, or for any other
purpose, the illustration may reflect those plans and the
impact on future policy benefits and values.
(2) A basic illustration shall include the following:
(a) A brief description of the policy being illustrated,
including a statement that it is a life insurance policy;
(b) A brief description of the premium outlay or
contract premium, as applicable, for the policy. For a policy
that does not require payment of a specific contract premium, the illustration shall show the premium outlay that must
be paid to guarantee coverage for the term of the contract,
subject to maximum premiums allowable to qualify as a life
[Title 48 RCW—page 155]
48.23A.040
Title 48 RCW: Insurance
insurance policy under the applicable provisions of the
internal revenue code;
(c) A brief description of any policy features, riders, or
options, guaranteed or nonguaranteed, shown in the basic
illustration and the impact they may have on the benefits and
values of the policy;
(d) Identification and a brief definition of column
headings and key terms used in the illustration; and
(e) A statement containing in substance the following:
"This illustration assumes that the currently illustrated,
nonguaranteed elements will continue unchanged for all
years shown. This is not likely to occur, and actual results
may be more or less favorable than those shown."
(3)(a) Following the narrative summary, a basic illustration shall include a numeric summary of the death benefits
and values and the premium outlay and contract premium, as
applicable. For a policy that provides for a contract premium, the guaranteed death benefits and values shall be based
on the contract premium. This summary shall be shown for
at least policy years five, ten, and twenty and at age seventy,
if applicable, on the three bases shown below. For multiple
life policies the summary shall show policy years five, ten,
twenty, and thirty.
(i) Policy guarantees;
(ii) Insurer’s illustrated scale;
(iii) Insurer’s illustrated scale used but with the
nonguaranteed elements reduced as follows:
(A) Dividends at fifty percent of the dividends contained
in the illustrated scale used;
(B) Nonguaranteed credited interest at rates that are the
average of the guaranteed rates and the rates contained in the
illustrated scale used; and
(C) All nonguaranteed charges, including but not limited
to, term insurance charges and mortality and expense
charges, at rates that are the average of the guaranteed rates
and the rates contained in the illustrated scale used.
(b) In addition, if coverage would cease prior to policy
maturity or age one hundred, the year in which coverage
ceases shall be identified for each of the three bases.
(4) Statements substantially similar to the following
shall be included on the same page as the numeric summary
and signed by the applicant, or the policy owner in the case
of an illustration provided at time of delivery, as required in
this chapter.
(a) A statement to be signed and dated by the applicant
or policy owner reading as follows: "I have received a copy
of this illustration and understand that any nonguaranteed
elements illustrated are subject to change and could be either
higher or lower. The agent has told me they are not guaranteed."
(b) A statement to be signed and dated by the insurance
producer or other authorized representative of the insurer
reading as follows: "I certify that this illustration has been
presented to the applicant and that I have explained that any
nonguaranteed elements illustrated are subject to change. I
have made no statements that are inconsistent with the
illustration."
(5)(a) A basic illustration shall include the following for
at least each policy year from one to ten and for every fifth
policy year thereafter ending at age one hundred, policy
maturity, or final expiration; and except for term insurance
[Title 48 RCW—page 156]
beyond the twentieth year, for any year in which the premium outlay and contract premium, if applicable, is to change:
(i) The premium outlay and mode the applicant plans to
pay and the contract premium, as applicable;
(ii) The corresponding guaranteed death benefit, as
provided in the policy; and
(iii) The corresponding guaranteed value available upon
surrender, as provided in the policy.
(b) For a policy that provides for a contract premium,
the guaranteed death benefit and value available upon
surrender shall correspond to the contract premium.
(c) Nonguaranteed elements may be shown if described
in the contract. In the case of an illustration for a policy on
which the insurer intends to credit terminal dividends, they
may be shown if the insurer’s current practice is to pay
terminal dividends. If any nonguaranteed elements are
shown, they must be shown at the same durations as the
corresponding guaranteed elements, if any. If no guaranteed
benefit or value is available at any duration for which a
nonguaranteed benefit or value is shown, a zero shall be
displayed in the guaranteed column. [1997 c 313 § 6.]
48.23A.050 Supplemental illustration—Conditions
for use—Reference to basic illustration. (1) A supplemental illustration may be provided so long as:
(a) It is appended to, accompanied by, or preceded by
a basic illustration that complies with this chapter;
(b) The nonguaranteed elements shown are not more
favorable to the policy owner than the corresponding
elements based on the scale used in the basic illustration;
(c) It contains the same statement required of a basic illustration that nonguaranteed elements are not guaranteed;
and
(d) For a policy that has a contract premium, the
contract premium underlying the supplemental illustration is
equal to the contract premium shown in the basic illustration.
For policies that do not require a contract premium, the
premium outlay underlying the supplemental illustration shall
be equal to the premium outlay shown in the basic illustration.
(2) The supplemental illustration shall include a notice
referring to the basic illustration for guaranteed elements and
other important information. [1997 c 313 § 7.]
48.23A.060 Illustration used or not used during
sale—Signed copy of illustration or acknowledgment of
no use—Computer screen—Retained copies. (1)(a) If a
basic illustration is used by an insurance producer or other
authorized representative of the insurer in the sale of a life
insurance policy and the policy is applied for as illustrated,
a copy of that illustration, signed in accordance with this
chapter, shall be submitted to the insurer at the time of
policy application. A copy shall also be provided to the
applicant.
(b) If the policy is issued other than as applied for, a revised basic illustration conforming to the policy as issued
shall be sent with the policy. The revised illustration shall
conform to the requirements of this chapter, be labeled
"revised illustration," and be signed and dated by the applicant or policy owner and producer or other authorized
representative of the insurer no later than the time the policy
(2002 Ed.)
Life Insurance Policy Illustrations
is delivered. A copy shall be provided to the insurer and the
policy owner.
(2)(a) If no illustration is used by an insurance producer
or other authorized representative in the sale of a life
insurance policy, or if the policy is applied for other than as
illustrated, the producer or representative shall certify to that
effect in writing on a form provided by the insurer. On the
same form the applicant shall acknowledge that no illustration conforming to the policy applied for was provided and
shall further acknowledge an understanding that an illustration conforming to the policy as issued will be provided no
later than at the time of policy delivery. This form shall be
submitted to the insurer at the time of policy application.
(b) If the policy is issued, a basic illustration conforming to the policy as issued shall be sent with the policy and
signed no later than the time the policy is delivered. A copy
shall be provided to the insurer and the policy owner.
(3)(a) Where a computer screen illustration is used that
cannot be printed out during use, the producer shall certify
in writing on a form provided by the insurer that a computer
screen illustration was displayed. Such form shall require
the producer to provide, as applicable, the generic name of
the policy and any riders illustrated, the guaranteed and
nonguaranteed interest rates illustrated, the number of policy
years illustrated, the initial death benefit, the premium
amount illustrated, and the assumed number of years of
premiums. On the same form the applicant shall acknowledge that an illustration matching that which was displayed
on the computer screen will be provided no later than the
time of policy delivery. A copy of this signed form shall be
provided to the applicant at the time it is signed.
(b) If the policy is issued, a basic illustration conforming to the policy as issued shall be sent with the policy and
signed by the policy owner no later than the time the policy
is delivered. A copy shall be provided to the policy owner
and retained by the insurer.
(c) If a computer screen illustration is used that can be
printed during use, a copy of that illustration, signed in
accordance with this chapter, shall be submitted to the
insurer at the time of policy application. A copy shall also
be provided to the applicant.
(d) If the basic illustration or revised illustration is sent
to the applicant or policy owner by mail from the insurer, it
shall include instructions for the applicant or policy owner
to sign the duplicate copy of the numeric summary page of
the illustration for the policy issued and return the signed
copy to the insurer. The insurer’s obligation under this
subsection is satisfied if it can demonstrate that it has made
a diligent effort to secure a signed copy of the numeric
summary page. The requirement to make a diligent effort
shall be deemed satisfied if the insurer includes in the
mailing a self-addressed, postage prepaid envelope with
instructions for the return of the signed numeric summary
page.
(4) A copy of the basic illustration and a revised basic
illustration, if any, signed as applicable, along with any
certification that either no illustration was used or that the
policy was applied for other than as illustrated, shall be
retained by the insurer until three years after the policy is no
longer in force. A copy need not be retained if no policy is
issued. [1997 c 313 § 8.]
(2002 Ed.)
48.23A.060
48.23A.070 Policy designated for use of illustrations—Annual report—Required information—In-force
illustrations—Notice of adverse changes. (1) In the case
of a policy designated as one for which illustrations will be
used, the insurer shall provide each policy owner with an
annual report on the status of the policy that shall contain at
least the following information:
(a) For universal life policies, the report shall include
the following:
(i) The beginning and end date of the current report
period;
(ii) The policy value at the end of the previous report
period and at the end of the current report period;
(iii) The total amounts that have been credited or
debited to the policy value during the current report period,
identifying each type, such as interest, mortality, expense,
and riders;
(iv) The current death benefit at the end of the current
report period on each life covered by the policy;
(v) The net cash surrender value of the policy as of the
end of the current report period;
(vi) The amount of outstanding loans, if any, as of the
end of the current report period; and
(vii) For fixed premium policies: If, assuming guaranteed interest, mortality, and expense loads and continued
scheduled premium payments, the policy’s net cash surrender
value is such that it would not maintain insurance in force
until the end of the next reporting period, a notice to this
effect shall be included in the report; or
(viii) For flexible premium policies: If, assuming
guaranteed interest, mortality, and expense loads, the policy’s
net cash surrender value will not maintain insurance in force
until the end of the next reporting period unless further
premium payments are made, a notice to this effect shall be
included in the report.
(b) For all other policies, where applicable:
(i) Current death benefit;
(ii) Annual contract premium;
(iii) Current cash surrender value;
(iv) Current dividend;
(v) Application of current dividend; and
(vi) Amount of outstanding loan.
(c) Insurers writing life insurance policies that do not
build nonforfeiture values shall only be required to provide
an annual report with respect to these policies for those years
when a change has been made to nonguaranteed policy
elements by the insurer.
(2) If the annual report does not include an in-force
illustration, it shall contain the following notice displayed
prominently: "IMPORTANT POLICY OWNER NOTICE:
You should consider requesting more detailed information
about your policy to understand how it may perform in the
future. You should not consider replacement of your policy
or make changes in your coverage without requesting a current illustration. You may annually request, without charge,
such an illustration by calling (insurer’s phone number),
writing to (insurer’s name) at (insurer’s address) or contacting your agent. If you do not receive a current illustration
of your policy within 30 days from your request, you should
contact your state insurance department." The insurer may
[Title 48 RCW—page 157]
48.23A.070
Title 48 RCW: Insurance
vary the sequential order of the methods for obtaining an inforce illustration.
(3) Upon the request of the policy owner, the insurer
shall furnish an in-force illustration of current and future
benefits and values based on the insurer’s present illustrated
scale. This illustration shall comply with the requirements
of RCW 48.23A.030 (1) and (2) and 48.23A.040 (1) and (5).
No signature or other acknowledgment of receipt of this
illustration shall be required.
(4) If an adverse change in nonguaranteed elements that
could affect the policy has been made by the insurer since
the last annual report, the annual report shall contain a notice
of that fact and the nature of the change prominently
displayed. [1997 c 313 § 9.]
48.23A.080 Illustration actuaries—Conditions for
appointment—Duties—Certifications—Disclosures to
commissioner. (1) The board of directors of each insurer
shall appoint one or more illustration actuaries.
(2) The illustration actuary shall certify that the disciplined current scale used in illustrations is in conformity
with the actuarial standard of practice for compliance with
the national association of insurance commissioners model
regulation on life insurance illustrations adopted by the
actuarial standards board, and that the illustrated scales used
in insurer-authorized illustrations meet the requirements of
this chapter.
(3) The illustration actuary shall:
(a) Be a member in good standing of the American
academy of actuaries;
(b) Be familiar with the standard of practice regarding
life insurance policy illustrations;
(c) Not have been found by the commissioner, following
appropriate notice and hearing to have:
(i) Violated any provision of, or any obligation imposed
by, the insurance law or other law in the course of his or her
dealings as an illustration actuary;
(ii) Been found guilty of fraudulent or dishonest
practices;
(iii) Demonstrated his or her incompetence, lack of
cooperation, or untrustworthiness to act as an illustration
actuary; or
(iv) Resigned or been removed as an illustration actuary
within the past five years as a result of acts or omissions
indicated in any adverse report on examination or as a result
of a failure to adhere to generally acceptable actuarial
standards;
(d) Not fail to notify the commissioner of any action
taken by a commissioner of another state similar to that
under (c) of this subsection;
(e) Disclose in the annual certification whether, since
the last certification, a currently payable scale applicable for
business issued within the previous five years and within the
scope of the certification has been reduced for reasons other
than changes in the experience factors underlying the
disciplined current scale. If nonguaranteed elements illustrated for new policies are not consistent with those illustrated for similar in-force policies, this must be disclosed in the
annual certification. If nonguaranteed elements illustrated
for both new and in-force policies are not consistent with the
nonguaranteed elements actually being paid, charged, or
[Title 48 RCW—page 158]
credited to the same or similar forms, this must be disclosed
in the annual certification; and
(f) Disclose in the annual certification the method used
to allocate overhead expenses for all illustrations:
(i) Fully allocated expenses;
(ii) Marginal expenses; or
(iii) A generally recognized expense table based on fully
allocated expenses representing a significant portion of
insurance companies and approved by the national association of insurance commissioners.
(4)(a) The illustration actuary shall file a certification
with the board of directors and with the commissioner:
(i) Annually for all policy forms for which illustrations
are used; and
(ii) Before a new policy form is illustrated.
(b) If an error in a previous certification is discovered,
the illustration actuary shall notify the board of directors of
the insurer and the commissioner promptly.
(5) If an illustration actuary is unable to certify the scale
for any policy form illustration the insurer intends to use, the
actuary shall notify the board of directors of the insurer and
the commissioner promptly of his or her inability to certify.
(6) A responsible officer of the insurer, other than the
illustration actuary, shall certify annually:
(a) That the illustration formats meet the requirements
of this chapter and that the scales used in insurer-authorized
illustrations are those scales certified by the illustration
actuary; and
(b) That the company has provided its agents with
information about the expense allocation method used by the
company in its illustrations and disclosed as required in
subsection (3)(f) of this section.
(7) The annual certifications shall be provided to the
commissioner each year by a date determined by the insurer.
(8) If an insurer changes the illustration actuary responsible for all or a portion of the company’s policy forms, the
insurer shall notify the commissioner of that fact promptly
and disclose the reason for the change. [1997 c 313 § 10.]
48.23A.090 Violations—RCW 48.30.010(1). In
addition to any other penalties provided by law, an insurer
or producer that violates a requirement of this chapter is
guilty of a violation of RCW 48.30.010(1). [1997 c 313 §
11.]
48.23A.900 Severability—1997 c 313. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1997 c 313 § 12.]
48.23A.901 Effective date—Application—1997 c
313. This act takes effect January 1, 1998, and applies to
policies sold on or after January 1, 1998. [1997 c 313 § 13.]
(2002 Ed.)
Group Life and Annuities
Chapter 48.24
GROUP LIFE AND ANNUITIES
Sections
48.24.010
48.24.020
48.24.025
Group requirements.
Employee groups.
Payment of premium by employee when compensation suspended due to labor dispute.
48.24.030 Dependents of employees or members of certain groups.
48.24.035 Credit union groups.
48.24.040 Debtor groups.
48.24.045 Certain associations as groups.
48.24.050 Labor union groups.
48.24.060 Public employee associations.
48.24.070 Trustee groups.
48.24.080 Agent groups.
48.24.090 Washington state patrol.
48.24.095 Financial institutions.
48.24.100 Standard provisions.
48.24.110 Grace period.
48.24.120 Incontestability.
48.24.130 The contract—Representations.
48.24.140 Insurability.
48.24.150 Misstatement of age or sex.
48.24.160 Beneficiary—Funeral, last illness expenses.
48.24.170 Certificates.
48.24.180 Conversion on termination of eligibility.
48.24.190 Conversion on termination of policy.
48.24.200 Death pending conversion.
48.24.210 Limitation of liability.
48.24.240 Readjustment of premium.
48.24.260 Application of dividends or rate reductions.
Charitable gift annuity business: Chapter 48.38 RCW.
Exemption of proceeds, group life: RCW 48.18.420.
Group insurance on irrigation district employees: RCW 87.03.160.
Payment to person designated in policy or by assignment discharges
insurer: RCW 48.18.370.
Payroll deduction of public employees for insurance and medical benefits
authorized: RCW 41.04.020.
Payroll deductions and employees’ contribution for group insurance on
employees of second class cities or towns authorized: RCW
35.23.460.
Policy dividends are payable to real party in interest: RCW 48.18.340.
Policy forms, execution, filing, etc.: Chapter 48.18 RCW.
48.24.010 Group requirements. (1) No contract of
life insurance shall hereafter be delivered or issued for
delivery in this state insuring the lives of more than one
individual unless to one of the groups as provided for in this
chapter, and unless in compliance with the other provisions
of this chapter.
(2) Subsection (1) of this section shall not apply to contracts of life insurance
(a) insuring only individuals related by marriage, by
blood, or by legal adoption; or
(b) insuring only individuals having a common interest
through ownership of a business enterprise, or of a substantial legal interest or equity therein, and who are actively
engaged in the management thereof; or
(c) insuring the lives of employees and retirees under
contracts executed with the state health care authority under
the provisions of chapter 41.05 RCW. [1988 c 107 § 22;
1973 1st ex.s. c 147 § 11; 1947 c 79 § .24.01; Rem. Supp.
1947 § 45.24.01.]
Implementation—Effective dates—1988 c 107: See RCW
41.05.901.
(2002 Ed.)
Chapter 48.24
Effective date—Effect of veto—Savings—Severability—1973 1st
ex.s. c 147: See notes following RCW 41.05.050.
48.24.020 Employee groups. The lives of a group of
individuals may be insured under a policy issued to an
employer, or to the trustees of a fund established by an
employer, which employer or trustee is deemed the policyholder, insuring employees of the employer for the benefit
of persons other than the employer, subject to the following
requirements:
(1) The employees eligible for insurance under the
policy shall be all of the employees of the employer, or all
of any class or classes thereof determined by conditions
pertaining to their employment. The policy may provide that
the term "employees" shall include the employees of one or
more subsidiary corporations, and the employees, individual
proprietors, and partners of one or more affiliated corporations, proprietors or partnerships if the business of the
employer and of such affiliated corporations, proprietors or
partnerships is under common control through stock ownership, contract or otherwise. The policy may provide that the
term "employees" shall include the individual proprietor or
partners if the employer is an individual proprietor or a
partnership. The policy may provide that the term "employees" shall include retired employees.
(2) The premium for the policy shall be paid by the
policyholder, either wholly from the employer’s funds or
funds contributed by him, or partly from such funds and
partly from funds contributed by the insured employees. No
policy may be issued on which the entire premium is to be
derived from funds contributed by the insured employees.
A policy on which part of the premium is to be derived from
funds contributed by the insured employees may be placed
in force only if at least seventy-five percent of the then
eligible employees, excluding any as to whom evidence of
individual insurability is not satisfactory to the insurer, elect
to make the required contributions. A policy on which no
part of the premium is to be derived from funds contributed
by the insured employees must insure all eligible employees,
or all except any as to whom evidence of individual insurability is not satisfactory to the insurer.
(3) The policy must cover at least ten employees at date
of issue.
(4) The amounts of insurance under the policy must be
based upon some plan precluding individual selection either
by the employees or by the employer or trustees. [1955 c
303 § 29; 1947 c 79 § .24.02; Rem. Supp. 1947 § 45.24.02.]
48.24.025 Payment of premium by employee when
compensation suspended due to labor dispute. Any
employee whose compensation includes group life insurance,
the premiums for which are paid in full or in part by an
employer including the state of Washington, its political
subdivisions, or municipal corporations, or paid by payroll
deduction, may pay the premiums as they become due
directly to the policyholder whenever the employee’s
compensation is suspended or terminated directly or indirectly as the result of a strike, lockout, or other labor
dispute, for a period not exceeding six months and at the
rate and coverages as the policy provides. During that
period of time the policy may not be altered or changed.
Nothing in this section shall be deemed to impair the right
[Title 48 RCW—page 159]
48.24.025
Title 48 RCW: Insurance
of the insurer to make normal decreases or increases of the
premium rate upon expiration and renewal of the policy, in
accordance with the provisions of the policy. Thereafter, if
such insurance coverage is no longer available, then the employee shall be given the opportunity to purchase an individual policy at a rate consistent with rates filed by the insurer
with the commissioner. When the employee’s compensation
is so suspended or terminated, the employee shall be notified
immediately by the policyholder in writing, by mail addressed to the address last on record with the policyholder,
that the employee may pay the premiums to the policyholder
as they become due as provided in this section.
Payment of the premiums must be made when due or
the insurance coverage may be terminated by the insurer.
The provisions of any insurance policy contrary to
provisions of this section are void and unenforceable after
May 29, 1975. [1975 1st ex.s. c 117 § 2.]
Severability—1975 1st ex.s. c 117: See note following RCW
48.21.075.
48.24.030 Dependents of employees or members of
certain groups. (1) Insurance under any group life insurance policy issued pursuant to RCW 48.24.020, or
48.24.050, or 48.24.060, or 48.24.070 or 48.24.090 may, if
seventy-five percent of the then insured employees or labor
union members or public employee association members or
members of the Washington state patrol elect, be extended
to insure the spouse and dependent children, or any class or
classes thereof, of each such insured employee or member
who so elects, in amounts in accordance with a plan which
precludes individual selection by the employees or members
or by the employer or labor union or trustee, and which
insurance on the life of any one family member including a
spouse shall not be in excess of fifty percent of the insurance
on the life of the insured employee or member.
Premiums for the insurance on such family members
shall be paid by the policyholder, either from the employer’s
funds or funds contributed by him, trustee’s funds, or labor
union funds, and/or from funds contributed by the insured
employees or members, or from both.
(2) Such a spouse insured pursuant to this section shall
have the same conversion right as to the insurance on his or
her life as is vested in the employee or member under this
chapter. [1993 c 132 § 1; 1975 1st ex.s. c 266 § 11; 1965
ex.s. c 70 § 23; 1963 c 192 § 1; 1953 c 197 § 10; 1947 c 79
§ .24.03; Rem. Supp. 1947 § 45.24.03.]
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.24.035 Credit union groups. The lives of a group
of individuals may be insured under a policy issued to a
credit union, which shall be deemed the policyholder, to
insure eligible members of such credit union for the benefit
of persons other than the credit union or its officials, subject
to the following requirements:
(1) The members eligible for insurance under the policy
shall be all of the members of a credit union, or all except
any as to whom evidence of individual insurability is not
satisfactory to the insurer, or all of any class or classes
thereof determined by conditions pertaining to their age or
membership in the credit union or both.
[Title 48 RCW—page 160]
(2) The premium for the policy shall be paid by the
policyholder, either wholly from the credit union’s funds, or
partly from such funds and partly from funds contributed by
the insured members specifically for their insurance. No
policy may be issued for which the entire premium is to be
derived from funds contributed by the insured members
specifically for their insurance.
(3) The policy must cover at least twenty-five members
at the date of issue.
(4) The amount of insurance under the policy shall not
exceed the amount of the total shares and deposits of the
member.
(5) As used herein, "credit union" means a credit union
organized and operating under the federal credit union act of
1934 or chapter 31.12 RCW. [1982 c 181 § 14; 1961 c 194
§ 8.]
Severability—1982 c 181: See note following RCW 48.03.010.
48.24.040 Debtor groups. The lives of a group of
individuals may be insured under a policy issued to a
creditor, who shall be deemed the policyholder, to insure
debtors of the creditors, subject to the provisions of the
insurance code relating to credit life insurance and credit
accident and health insurance and to the following requirements:
(1) The debtors eligible for insurance under the policy
shall be all of the debtors of the creditor whose indebtedness
is repayable in installments, or all of any class or classes
thereof determined by conditions pertaining to the indebtedness or to the purchase giving rise to the indebtedness, except that nothing in this section shall preclude an insurer
from excluding from the classes eligible for insurance classes
of debtors determined by age. The policy may provide that
the term "debtors" shall include the debtors of one or more
subsidiary corporations, and the debtors of one or more
affiliated corporations, proprietors or partnerships if the
business of the policyholder and of such affiliated corporations, proprietors or partnerships is under common control
through stock ownership, contract, or otherwise.
(2) The premium for the policy shall be paid by the
policyholder, either from the creditor’s funds, or from
charges collected from the insured debtors, or from both. A
policy on which part or all of the premium is to be derived
from the collection from the insured debtors of identifiable
charges not required of uninsured debtors shall not include,
in the class or classes of debtors eligible for insurance,
debtors under obligations outstanding at its date of issue
without evidence of individual insurability unless at least
seventy-five percent of the then eligible debtors elect to pay
the required charges. A policy on which no part of the
premium is to be derived from the collection of such
identifiable charges must insure all eligible debtors, or all
except any as to whom evidence of individual insurability is
not satisfactory to the insurer.
(3) The policy may be issued only if the group of
eligible debtors is then receiving new entrants at the rate of
at least one hundred persons yearly, or may reasonably be
expected to receive at least one hundred new entrants during
the first policy year, and only if the policy reserves to the
insurer the right to require evidence of individual insurability
(2002 Ed.)
Group Life and Annuities
if less than seventy-five percent of the new entrants become
insured.
(4) Payment by the debtor insured under any such group
life insurance contract of the premium charged the creditor
by the insurer for such insurance pertaining to the debtor,
shall not be deemed to constitute a charge upon a loan in
violation of any usury law. [1967 c 150 § 28; 1961 c 194
§ 9; 1955 c 303 § 18; 1947 c 79 § .24.04; Rem. Supp. 1947
§ 45.24.04.]
48.24.045 Certain associations as groups. The lives
of a group of individuals may be insured under a policy
issued to an association which has been in active existence
for at least one year, which has a constitution and bylaws,
and which has been organized and is maintained in good
faith for purposes other than that of obtaining insurance.
Under this group life insurance policy, the association shall
be deemed the policyholder. The policy may insure association employees, members, or their employees. Beneficiaries
under the policy shall be persons other than the association
or its officers or trustees. The term "employees" as used in
this section may include retired employees. [1979 ex.s. c 44
§ 1.]
48.24.050 Labor union groups. The lives of a group
of individuals may be insured under a policy issued to a
labor union, which shall be deemed the policyholder, to
insure members of such union for the benefit of persons
other than the union or any of its officials, representatives or
agents, subject to the following requirements:
(1) The members eligible for insurance under the policy
shall be all of the members of the union, or all of any class
or classes thereof determined by conditions pertaining to
their employment, or to membership in the union, or both.
(2) The premium for the policy shall be paid by the
policyholder, either wholly from the union’s funds, or partly
from such funds and partly from funds contributed by the
insured members specifically for their insurance. No policy
may be issued of which the entire premium is to be derived
from funds contributed by the insured members specifically
for their insurance. A policy on which the premium is to be
derived in part from funds contributed by the insured
members specifically for their insurance may be placed in
force only if at least seventy-five percent of the then eligible
members, excluding any as to whom evidence of individual
insurability is not satisfactory to the insurer, elect to make
the required contributions. A policy on which no part of the
premium is to be derived from funds contributed by the
insured members specifically for their insurance must insure
all eligible members, or all except any as to whom evidence
of individual insurability is not satisfactory to the insurer.
(3) The policy must cover at least twenty-five members
at date of issue.
(4) The amounts of insurance under the policy must be
based upon some plan precluding individual selection either
by the members or by the union. [1955 c 303 § 19; 1947 c
79 § .24.05; Rem. Supp. 1947 § 45.24.05.]
48.24.060 Public employee associations. The lives
of a group of public employees may be insured under a
policy issued to the departmental head or to a trustee, or
(2002 Ed.)
48.24.040
issued to an association of public employees formed for
purposes other than obtaining insurance and having, when
the policy is placed in force, a membership in the classes
eligible for insurance of not less than seventy-five percent of
the number of employees eligible for membership in such
classes, which department head or trustee or association shall
be deemed the policyholder, to insure such employees for
the benefit of persons other than the policyholder or any of
its officials, subject to the following requirements:
(1) The persons eligible for insurance under the policy
shall be all of the employees of the department or members
of the association, or all of any class or classes thereof
determined by conditions pertaining to their employment, or
to membership in the association, or both.
(2) The premium for the policy shall be paid by the
policyholder, in whole or in part either from salary deductions authorized by, or charges collected from, the insured
employees or members specifically for the insurance, or
from the association’s own funds, or from both. Any such
deductions from salary may be paid by the employer to the
association or directly to the insurer. No policy may be
placed in force unless and until at least seventy-five percent
of the then eligible employees or association members,
excluding any as to whom evidence of individual insurability
is not satisfactory to the insurer, have elected to be covered
and have authorized their employer to make any required
deductions from salary.
(3) The rate of charges to the insured employees or
members specifically for the insurance, and the dues of the
association if they include the cost of insurance, shall be
determined according to each attained age or in not less than
four reasonably spaced attained age groups. In no event
shall the rate of such dues or charges be level for all
members regardless of attained age.
(4) The policy must cover at least twenty-five persons
at date of issue.
(5) The amounts of insurance under the policy must be
based upon some plan precluding individual selection either
by the employees or members or by the association.
As used herein, "public employees" means employees of
the United States government, or of any state, or of any
political subdivision or instrumentality of any of them.
[1989 c 10 § 9. Prior: 1973 1st ex.s. c 163 § 8; 1973 1st
ex.s. c 152 § 5; 1963 c 195 § 21; 1955 c 303 § 20; 1953 c
197 § 11; 1947 c 79 § .24.06; Rem. Supp. 1947 § 45.24.06.]
Severability—1973 1st ex.s. c 152: See note following RCW
48.05.140.
48.24.070 Trustee groups. The lives of a group of
individuals may be insured under a policy issued to the
trustees of a fund established by two or more employers or
by two or more employer members of an employers’
association, or by one or more labor unions, or by one or
more employers and one or more labor unions, or by one or
more employers and one or more labor unions whose
members are in the same or related occupations or trades,
which trustees shall be deemed the policyholder, to insure
employees or members for the benefit of persons other than
the employers or the unions, subject to the following
requirements:
(1) If the policy is issued to two or more employer
members of an employers’ association, such policy may be
[Title 48 RCW—page 161]
48.24.070
Title 48 RCW: Insurance
issued only if (a) the association has been in existence for at
least five years and was formed for purposes other than
obtaining insurance and (b) the participating employers,
meaning such employer members whose employees are to be
insured, constitute at date of issue at least fifty percent of the
total employers eligible to participate, unless the number of
persons covered at date of issue exceeds six hundred, in
which event such participating employers must constitute at
least twenty-five percent of such total employers in either
case omitting from consideration any employer whose
employees are already covered for group life insurance.
(2) The persons eligible for insurance shall be all of the
employees of the employers or all of the members of the
unions, or all of any class or classes thereof determined by
conditions pertaining to their employment, or to membership
in the unions, or to both. The policy may provide that the
term "employees" shall include the individual proprietor or
partners if an employer is an individual proprietor or a
partnership. The policy may provide that the term "employees" shall include the trustees or their employees, or both, if
their duties are connected with such trusteeship. The policy
may provide that the term "employees" shall include retired
employees.
(3) The premium for the policy shall be paid by the
trustees wholly from funds contributed by the employer or
employers of the insured persons, or by the union or unions,
or by both, or, partly from such funds and partly from funds
contributed by the insured persons. A policy on which part
of the premium is to be derived from funds contributed by
the insured persons specifically for their insurance may be
placed in force only if at least seventy-five percent of the
then eligible persons, excluding any as to whom evidence of
insurability is not satisfactory to the insurer, elect to make
the required contributions. A policy on which no part of the
premium is to be derived from funds contributed by the
insured persons specifically for their insurance must insure
all eligible persons, or all except any as to whom evidence
of individual insurability is not satisfactory to the insurer.
(4) The policy must cover at least fifty persons at date
of issue.
(5) The amounts of insurance under the policy must be
based upon some plan precluding individual selection either
by the insured persons or by the policyholder, employers, or
unions. [1973 1st ex.s. c 163 § 9; 1963 c 86 § 1; 1959 c
225 § 9; 1955 c 303 § 21; 1953 c 197 § 12; 1947 c 79 §
.24.07; Rem. Supp. 1947 § 45.24.07.]
48.24.080 Agent groups. The lives of a group of
individuals may be insured under a policy issued to a
principal, or if such principal is a life insurer, by or to such
principal, covering when issued not less than twenty-five
agents of such principal, subject to the following requirements:
(1) The agents eligible for insurance under the policy
shall be those who are under contract to render personal
services for such principal for a commission or other fixed
or ascertainable compensation.
(2) The policy must insure either all of the agents or all
of any class or classes thereof, determined by conditions
pertaining to the services to be rendered by such agents,
except that if a policy is intended to insure several such
[Title 48 RCW—page 162]
classes it may be issued to insure any such class of which
seventy-five percent are covered and extended to other
classes as seventy-five percent thereof express the desire to
be covered.
(3) The premium on the policy shall be paid by the
principal or by the principal and the agents jointly. When
the premium is paid by the principal and agents jointly and
the benefits of the policy are offered to all eligible agents,
the policy, when issued, must insure not less than seventyfive percent of such agents.
(4) The amounts of insurance shall be based upon some
plan which will preclude individual selection.
(5) The insurance shall be for the benefit of persons
other than the principal.
(6) Such policy shall terminate if, subsequent to issue,
the number of agents insured falls below twenty-five lives or
seventy-five percent of the number eligible and the contribution of the agents, if the premiums are on a renewable term
insurance basis, exceed one dollar per month per one
thousand dollars of insurance coverage plus any additional
premium per one thousand dollars of insurance coverage
charged to cover one or more hazardous occupations.
(7) For the purposes of this section "agents" shall be
deemed to include agents, subagents, solicitors, and salesmen. [1949 c 190 § 33; Rem. Supp. 1949 § 45.24.08.]
48.24.090 Washington state patrol. The lives of a
group of individuals may be insured under a policy issued to
the commanding officer, which commanding officer shall be
deemed the policyholder, to insure not less than twenty-five
of the members of the Washington state patrol. Such policy
shall be for the benefit of beneficiaries as designated by the
individuals so insured, and the premium thereon may be paid
by such members. Not less than seventy-five percent of all
eligible members of such Washington state patrol, or of any
unit thereof determined by conditions pertaining to their
employment, may be so insured. [1947 c 79 § .24.09; Rem.
Supp. 1947 § 45.24.09.]
48.24.095 Financial institutions. The lives of a
group of individuals may be insured under a policy issued to
a state or federally regulated financial institution, which
financial institution shall be deemed the policyholder. The
purpose of the policy shall be to insure the depositors or
depositor members of the financial institution for the benefit
of persons other than the financial institution or its officers.
The issuance of the policy shall be subject to the following
requirements:
(1) The persons eligible for insurance under the policy
shall be the depositors or deposit members of such financial
institution, except any as to whom evidence of individual
insurability is not satisfactory to the insurer, or any class or
classes thereof determined by conditions of age.
(2) The policy must cover at least one hundred persons
at the date of issue.
(3) The amount of insurance under the policy shall not
exceed the amount of the deposit account of the insured
person or five thousand dollars whichever is less.
(4) Financial institutions referred to herein must be
authorized to do business in the state of Washington and
have their depositors’ or members’ deposit accounts insured
(2002 Ed.)
Group Life and Annuities
against loss to the amount of at least fifteen thousand dollars
by a corporate agency of the federal government. [1967
ex.s. c 95 § 15.]
48.24.100 Standard provisions. No policy of group
life insurance shall be delivered or issued for delivery in this
state unless it contains in substance the standard provisions
as required by RCW 48.24.110 to 48.24.200, inclusive, or
provisions which in the opinion of the commissioner are
more favorable to the individuals insured, or at least as
favorable to such individuals and more favorable to the
policyholder; except that:
(1) Provisions set forth in RCW 48.24.160 to 48.24.200,
inclusive, shall not apply to policies issued to a creditor to
insure its debtors.
(2) If the group life insurance policy is on a plan of
insurance other than the term plan, it shall contain a nonforfeiture provision or provisions which in the opinion of the
commissioner is or are equitable to the insured persons and
to the policyholder, but such nonforfeiture benefits are not
required to be the same as those required for individual life
insurance policies. [1947 c 79 § .24.10; Rem. Supp. 1947
§ 45.24.10.]
48.24.110 Grace period. There shall be a provision
that the policyholder is entitled to a grace period of thirtyone days for the payment of any premium due except the
first, during which grace period the death benefit coverage
shall continue in force, unless the policyholder has given the
insurer written notice of discontinuance in advance of the
date of discontinuance and in accordance with the terms of
the policy. The policy may provide that the policyholder
shall be liable to the insurer for the payment of a pro rata
premium for the time the policy was in force during such
grace period. [1947 c 79 § .24.11; Rem. Supp. 1947 §
45.24.11.]
48.24.120 Incontestability. There shall be a provision
that the validity of the policy shall not be contested, except
for nonpayment of premiums, after it has been in force for
two years from its date of issue; and that no statement made
by an individual insured under the policy relating to his
insurability shall be used in contesting the validity of the
insurance with respect to which such statement was made
after such insurance has been in force prior to the contest for
a period of two years during such individual’s lifetime nor
unless it is contained in a written instrument signed by him.
[1947 c 79 § 24.12; Rem. Supp. 1947 § 45.24.12.]
48.24.130 The contract—Representations. There
shall be a provision that a copy of the application, if any, of
the policyholder shall be attached to the policy when issued
and become a part of the contract; that all statements made
by the policyholder or by the persons insured shall be
deemed representations and not warranties, and that no
statement made by any person insured shall be used in any
contest unless a copy of the instrument containing the
statement is or has been furnished to such person or to his
beneficiary. [1947 c 79 § .24.13; Rem. Supp. 1947 §
45.24.13.]
(2002 Ed.)
48.24.095
48.24.140 Insurability. There shall be a provision
setting forth the conditions, if any, under which the insurer
reserves the right to require a person eligible for insurance
to furnish evidence of individual insurability satisfactory to
the insurer as a condition to part or all of his coverage.
[1947 c 79 § .24.14; Rem. Supp. 1947 § 45.24.14.]
48.24.150 Misstatement of age or sex. There shall
be a provision specifying an equitable adjustment of premiums or of benefits or of both to be made in the event the age
or sex of a person insured has been misstated, such provision
to contain a clear statement of the method of adjustment to
be used. [1983 1st ex.s. c 32 § 22; 1947 c 79 § .24.15;
Rem. Supp. 1947 § 45.24.15.]
48.24.160 Beneficiary—Funeral, last illness expenses. There shall be a provision that any sum becoming due
by reason of the death of the individual insured shall be
payable to the beneficiary designated by such individual,
subject to the provisions of the policy in the event there is
no designated beneficiary, as to all or any part of such sum,
living at the death of the individual insured and subject to
any right reserved by the insurer in the policy and set forth
in the certificate to pay at its option a part of such sum not
exceeding ten percent of such amount or one thousand
dollars, whichever is greater, to any person appearing to the
insurer to be equitably entitled thereto by reason of having
incurred funeral or other expenses incident to the last illness
or death of the individual insured. [1981 c 333 § 1; 1979
ex.s. c 199 § 9; 1955 c 303 § 23; 1947 c 79 § .24.16; Rem.
Supp. 1947 § 45.24.16.]
48.24.170 Certificates. There shall be a provision that
the insurer will issue to the policyholder for delivery to each
individual insured a certificate setting forth a statement as to
the insurance protection to which he is entitled, to whom the
insurance benefits are payable, described by name, relationship, or reference to the insurance records of the policyholder or insurer, and the rights and conditions set forth in RCW
48.24.180, 48.24.190 and 48.24.200, following. [1961 c 194
§ 10; 1947 c 79 § .24.17; Rem. Supp. 1947 § 45.24.17.]
48.24.180 Conversion on termination of eligibility.
There shall be a provision that if the insurance, or any
portion of it, on an individual covered under the policy,
other than a child insured pursuant to RCW 48.24.030,
ceases because of termination of employment or of membership in the class or classes eligible for coverage under the
policy, such individual shall be entitled to have issued to him
by the insurer, without evidence of insurability, an individual
policy of life insurance without disability or other supplementary benefits, provided application for the individual
policy shall be made, and the first premium paid to the
insurer, within thirty-one days after such termination, and
provided further that,
(1) the individual policy shall, at the option of such
individual, be on any one of the forms, except term insurance, then customarily issued by the insurer at the age and
for the amount applied for;
(2) the individual policy shall be in an amount not in
any event in excess of the amount of life insurance which
[Title 48 RCW—page 163]
48.24.180
Title 48 RCW: Insurance
ceases because of such termination nor less than one
thousand dollars unless a smaller amount of coverage was
provided for such individual under the group policy:
PROVIDED, That any amount of insurance which matures
on the date of such termination or has matured prior thereto
under the group policy as an endowment payable to the
individual insured, whether in one sum or in installments or
in the form of an annuity, shall not, for the purposes of this
provision, be included in the amount which is considered to
cease because of such termination; and
(3) the premium on the individual policy shall be at the
insurer’s then customary rate applicable to the form and
amount of the individual policy, to the class of risk to which
such individual then belongs, and to his age attained on the
effective date of the individual policy. [1955 c 303 § 24;
1947 c 79 § .24.18; Rem. Supp. 1947 § 45.24.18.]
48.24.190 Conversion on termination of policy.
There shall be a provision that if the group policy terminates
or is amended so as to terminate the insurance of any class
of insured individuals, every individual insured thereunder at
the date of such termination, other than a child insured
pursuant to RCW 48.24.030, whose insurance terminates and
who has been so insured for at least five years prior to such
termination date shall be entitled to have issued to him by
the insurer an individual policy of life insurance, subject to
the same conditions and limitations as are provided by RCW
48.24.180, except that the group policy may provide that the
amount of such individual policy shall not exceed the
smaller of (a) the amount of the individual’s life insurance
protection ceasing because of the termination or amendment
of the group policy, less the amount of any life insurance for
which he is or becomes eligible under any group policy
issued or reinstated by the same or another insurer within
thirty-one days of such termination and (b) two thousand
dollars. [1953 c 197 § 13; 1947 c 79 § .24.19; Rem. Supp.
1947 § 45.24.19.]
48.24.200 Death pending conversion. There shall be
a provision that if a person insured under the group policy
dies during the period within which he would have been
entitled to have an individual policy issued to him in
accordance with RCW 48.24.180 and 48.24.190, and before
such an individual policy shall have become effective, the
amount of life insurance which he would have been entitled
to have issued to him under such individual policy shall be
payable as a claim under the group policy, whether or not
application for the individual policy or the payment of the
first premium therefor has been made. [1947 c 79 § .24.20;
Rem. Supp. 1947 § 45.24.20.]
48.24.210 Limitation of liability. (1) The insurer
may in any group life insurance contract provide that it is
not liable, or is liable only in a reduced amount, for losses
resulting:
(a) From war or any act of war, declared or undeclared,
or of service in the military, naval or air forces or in civilian
forces auxiliary thereto, or from any cause while a member
of any such military, naval or air forces, of any country at
war, declared or undeclared.
[Title 48 RCW—page 164]
(b) From aviation under conditions specified in the
policy.
(2) The insurer may in any such contract provide that
any amount of insurance in excess of one thousand dollars
on an individual life may be reduced to one thousand dollars
or to any greater amount upon attainment of any age not less
than age sixty-five or upon the anniversary of the policy
nearest attainment of such age. [1947 c 79 § .24.21; Rem.
Supp. 1947 § 45.24.21.]
48.24.240 Readjustment of premium. Any group
life insurance contract may provide for a readjustment of the
premium rate based on experience under that contract, at the
end of the first or of any subsequent year of insurance, and
which readjustment may be made retroactive for such policy
year only. [1947 c 79 § .24.24; Rem. Supp. 1947 §
45.24.24.]
48.24.260 Application of dividends or rate reductions. Any policy dividends hereafter declared, or reduction
in rate of premiums hereafter made or continued for the first
or any subsequent year of insurance, under any policy of
group life insurance heretofore or hereafter issued to any
policyholder may be applied to reduce the policyholder’s
part of the cost of such insurance, except that if the aggregate dividends or refunds or credits under such group policy
and any other group policy or contract issued to the policyholder exceed the aggregate contributions of the policyholder
toward the cost of the coverages, such excess shall be
applied by the policyholder for the sole benefit of insured
individuals. [1947 c 79 § .24.26; Rem. Supp. 1947 §
45.24.26.]
Chapter 48.25
INDUSTRIAL LIFE INSURANCE
Sections
48.25.010 Scope of chapter.
48.25.020 Industrial life insurance defined.
48.25.030 Compliance enjoined.
48.25.040 Standard provisions.
48.25.050 Grace period.
48.25.060 Entire contract.
48.25.070 Incontestability.
48.25.080 Misstatement of age.
48.25.090 Dividends.
48.25.100 Nonforfeiture benefits.
48.25.110 Cash surrender value.
48.25.120 Reinstatement.
48.25.130 Settlement.
48.25.140 Authority to alter policy.
48.25.150 Beneficiary.
48.25.160 Facility of payment clause.
48.25.170 Payment of premiums direct.
48.25.180 Conversion—Weekly premium policies.
48.25.190 Conversion—Monthly premium policies.
48.25.200 Title on policy.
48.25.210 Application to term and specified insurance.
48.25.220 Prohibited provisions.
48.25.230 Limitation of liability.
Exemption of proceeds, life insurance: RCW 48.18.410.
Insurable interest, personal insurance, nonprofit organizations: RCW
48.18.030.
Minor may contract for life or disability insurance: RCW 48.18.020.
(2002 Ed.)
Industrial Life Insurance
Payment to person designated in policy or by assignment discharges
insurer: RCW 48.18.370.
Policy forms, execution, filing, etc.: Chapter 48.18 RCW.
48.25.010 Scope of chapter. The provisions of this
chapter apply only to industrial life insurance contracts.
[1947 c 79 § .25.01; Rem. Supp. 1947 § 45.25.01.]
48.25.020 Industrial life insurance defined. "Industrial" life insurance is any life insurance provided by an
individual insurance contract issued in face amount of less
than one thousand dollars, under which premiums are
payable monthly or oftener, and bearing the words "industrial policy" printed upon the policy as a part of the descriptive
matter. [1947 c 79 § .25.02; Rem. Supp. 1947 § 45.25.02.]
48.25.030 Compliance enjoined. No policy of
industrial life insurance shall be delivered or be issued for
delivery in this state after January 1, 1948, except in
compliance with the provisions of this chapter and with other
applicable provisions of this code. [1947 c 79 § .25.03;
Rem. Supp. 1947 § 45.25.03.]
48.25.040 Standard provisions. No such policy shall
be so issued or delivered unless it contains in substance the
provisions as required by this chapter, or provisions which
in the opinion of the commissioner are more favorable to the
policyholder. [1947 c 79 § .25.04; Rem. Supp. 1947 §
45.25.04.]
48.25.050 Grace period. There shall be a provision
that the insured is entitled to a grace period of four weeks
within which the payment of any premium after the first may
be made, except that in policies the premiums for which are
payable monthly, the period of grace shall be one month but
not less than thirty days; and that during the period of grace
the policy shall continue in full force, but if during the grace
period the policy becomes a claim, then any overdue and
unpaid premiums may be deducted from any settlement
under the policy. [1947 c 79 § .25.05; Rem. Supp. 1947 §
45.25.05.]
48.25.060 Entire contract. There shall be a provision
that the policy shall constitute the entire contract between the
parties, or, if a copy of the application is endorsed upon or
attached to the policy when issued, a provision that the
policy and the application therefor shall constitute the entire
contract. If the application is so made a part of the contract,
the policy shall also provide that all statements made by the
applicant in such application shall, in the absence of fraud,
be deemed to be representations and not warranties. [1947
c 79 § .25.06; Rem. Supp. 1947 § 45.25.06.]
48.25.070 Incontestability. There shall be a provision
that the policy shall be incontestable after it has been in
force during the lifetime of the insured for a period of two
years from its date of issue except for nonpayment of
premiums, and except, at the option of the insurer, as to
supplemental provisions providing benefits for total and
(2002 Ed.)
Chapter 48.25
permanent disability or specifically for accidental death.
[1947 c 79 § .25.07; Rem. Supp. 1947 § 45.25.07.]
48.25.080 Misstatement of age. There shall be a
provision that if it is found that the age of the individual
insured, or the age of any other individual considered in
determining the premium, has been misstated, any amount
payable or benefit accruing under the policy shall be such as
the premium would have purchased at the correct age or
ages. [1947 c 79 § .25.08; Rem. Supp. 1947 § 45.25.08.]
48.25.090 Dividends. If a participating policy, there
shall be a provision that the insurer shall annually ascertain
and apportion any divisible surplus accruing on the policy,
and that dividends arising from such apportionment shall be
credited annually beginning not later than the fifth contract
year. This provision shall not prohibit the payment of additional dividends on default of payment of premiums or
termination of the policy. [1947 c 79 § .25.09; Rem. Supp.
1947 § 45.25.09.]
48.25.100 Nonforfeiture benefits. There shall be a
provision for nonforfeiture benefits as required by chapter
48.76 RCW. [1983 c 3 § 152; 1947 c 79 § .25.10; Rem.
Supp. 1947 § 45.25.10.]
48.25.110 Cash surrender value. There shall be a
provision for a cash surrender value as required by chapter
48.76 RCW. [1983 c 3 § 153; 1947 c 79 § .25.11; Rem.
Supp. 1947 § 45.25.11.]
48.25.120 Reinstatement. There shall be a provision
that the policy may be reinstated at any time within two
years from the due date of the premium in default unless the
cash surrender value has been paid, or the extension period
expired, upon the production of evidence of insurability
satisfactory to the insurer and the payment of all overdue
premiums and payment or reinstatement of any unpaid loans
or advances made by the insurer against the policy with interest at a rate not exceeding six percent per annum and
payable annually. [1947 c 79 § .25.12; Rem. Supp. 1947 §
45.25.12.]
48.25.130 Settlement. There shall be a provision that
when the policy becomes a claim by the death of the
insured, settlement shall be made upon receipt of due proof
of death or after a specified period not exceeding two
months after receipt of such proof. [1947 c 79 § .25.13;
Rem. Supp. 1947 § 45.25.13.]
48.25.140 Authority to alter policy. There shall be
a provision that no agent shall have the power or authority
to waive, change or alter any of the terms or conditions of
any policy; except that, at the option of the insurer, the terms
or conditions may be changed by an endorsement signed by
a duly authorized officer of the insurer. [1947 c 79 § .25.14;
Rem. Supp. 1947 § 45.25.14.]
48.25.150 Beneficiary. (1) Each such policy shall
have a space on the front or back page of the policy for the
[Title 48 RCW—page 165]
48.25.150
Title 48 RCW: Insurance
name of the beneficiary designated with a reservation of the
right to designate or change the beneficiary after the issuance
of the policy.
(2) The policy may also provide that no designation or
change of beneficiary shall be binding on the insurer until
endorsed on the policy by the insurer, and that the insurer
may refuse to endorse the name of any proposed beneficiary
who does not appear to the insurer to have an insurable
interest in the life of the insured. [1947 c 79 § .25.15; Rem.
Supp. 1947 § 45.25.15.]
48.25.160 Facility of payment clause. Such a policy
may also provide that if the beneficiary designated in the
policy does not surrender the policy with due proof of death
within the period stated in the policy, which shall not be less
than thirty days after the death of the insured, or if the
beneficiary is the estate of the insured or is a minor, or dies
before the insured or is not legally competent to give a valid
release, then the insurer may make payment thereunder to
the executor or administrator of the insured, or to any of the
insured’s relatives by blood or legal adoption or connection
by marriage, or to any person appearing to the insurer to be
equitably entitled thereto by reason of having been named
beneficiary, or by reason of having incurred expense for the
maintenance, medical attention or burial of the insured.
Such policy may also include a similar provision applicable
to any other payment due under the policy. [1947 c 79 §
.25.16; Rem. Supp. 1947 § 45.25.16.]
48.25.170 Payment of premiums direct. In the case
of weekly premium policies, there may be a provision that
upon proper notice to the insurer while premiums on the
policy are not in default beyond the grace period, of the intention to pay future premiums directly to the insurer at its
home office or any office designated by the insurer for the
purpose, the insurer will, at the end of each period of a year
from the due date of the first premium so paid, for which
period such premiums are so paid continuously without
default beyond the grace period, refund a stated percentage
of the premiums in an amount which fairly represents the
savings in collection expense. [1947 c 79 § .25.17; Rem.
Supp. 1947 § 45.25.17.]
48.25.180 Conversion—Weekly premium policies.
There shall be a provision in the case of weekly premium
policies granting, upon proper written request and upon
presentation of evidence of the insurability of the insured
satisfactory to the insurer, the privilege of converting his
weekly premium industrial insurance to any form of life
insurance with less frequent premium payments regularly
issued by the insurer, in accordance with terms and conditions agreed upon with the insurer. The privilege of making
such conversion need be granted only if the insurer’s weekly
premium industrial policies on the life insured, in force as
premium paying insurance and on which conversion is
requested, grant benefits in event of death, exclusive of
additional accidental death benefits and exclusive of any
dividend additions, in an amount not less than the minimum
amount of such insurance with less frequent premium
payments issued by the insurer at the age of the insured on
[Title 48 RCW—page 166]
the plan of industrial or ordinary insurance desired. [1947
c 79 § .25.18; Rem. Supp. 1947 § 45.25.18.]
48.25.190 Conversion—Monthly premium policies.
There shall be a provision, in the case of monthly premium
industrial policies, granting, upon proper written request and
upon presentation of evidence of the insurability of the
insured satisfactory to the insurer, the privilege of converting
his monthly premium industrial insurance to any form of
ordinary life insurance regularly issued by the insurer, in
accordance with terms and conditions agreed upon with the
insurer. The privilege of making such conversions need be
granted only if the insurer’s monthly premium industrial
policies on the life insured, in force as premium paying
insurance and on which conversion is requested, grant
benefits in event of death, exclusive of additional accidental
death benefits and exclusive of any dividend additions, in an
amount not less than the minimum amount of ordinary
insurance issued by the insurer at the age of the insured on
the plan of ordinary insurance desired. [1947 c 79 § .25.19;
Rem. Supp. 1947 § 45.25.19.]
48.25.200 Title on policy. There shall be a title on
the face of each such policy briefly describing its form.
[1947 c 79 § .25.20; Rem. Supp. 1947 § 45.25.20.]
48.25.210 Application to term and specified insurance. Any of the provisions required by this chapter or any
portion thereof which are not applicable to single premium
or term policies or to policies issued or granted pursuant to
nonforfeiture provisions, shall to that extent not be incorporated therein. [1947 c 79 § .25.21; Rem. Supp. 1947 §
45.25.21.]
48.25.220 Prohibited provisions. No such policy
shall contain:
(1) A provision by which the insurer may deny liability
under the policy for the reason that the insured has previously obtained other insurance from the same insurer.
(2) A provision giving the insurer the right to declare
the policy void because the insured has had any disease or
ailment, whether specified or not, or because the insured has
received institutional, hospital, medical or surgical treatment
or attention, except a provision which gives the insurer the
right to declare the policy void if the insured has, within two
years prior to the issuance of the policy, received institutional, hospital, medical or surgical treatment or attention and if
the insured or claimant under the policy fails to show that
the condition occasioning such treatment or attention was not
of a serious nature or was not material to the risk.
(3) A provision giving the insurer the right to declare
the policy void because the insured had been rejected for
insurance, unless such right be conditioned upon a showing
by the insurer, that knowledge of such rejection would have
led to a refusal by the insurer to make such contract. [1947
c 79 § .25.22; Rem. Supp. 1947 § 45.25.22.]
48.25.230 Limitation of liability. The insurer may in
any such policy limit its liability for the same causes and to
the same extent as is provided in RCW 48.23.260 for other
(2002 Ed.)
Industrial Life Insurance
life insurance contracts. [1947 c 79 § .25.23; Rem. Supp.
1947 § 45.25.23.]
Chapter 48.25A
LIFE INSURANCE—PROFIT-SHARING, CHARTER,
FOUNDERS, AND COUPON POLICIES
Sections
48.25A.010 Definitions.
48.25A.020 Certain policies not to be issued or delivered after September 1, 1967.
48.25A.030 Coupon policies—Approval by commissioner.
48.25A.040 Coupon policies—Requirements.
48.25A.050 Revocation of certificates of authority and licenses for violation of chapter.
48.25A.010 Definitions. As used in this chapter:
(1) "Profit-sharing policy" means:
(a) A life insurance policy which by its terms expressly
provides that the policyholder will participate in the distribution of earnings or surplus other than earnings or surplus
attributable, by reasonable and nondiscriminatory standards,
to the participating policies of the company and allocated to
the policyholder on reasonable and nondiscriminatory standards; or
(b) A life insurance policy the provisions of which,
through sales material or oral presentations, are interpreted
by the company to prospective policyholders as entitling the
policyholder to the benefits described in subsection (a) of
this section.
(2) "Charter policy" or "founders policy" means:
(a) A life insurance policy which by its terms expressly
provides that the policyholder will receive some preferential
or discriminatory advantage or benefit not available to
persons who purchase insurance from the company at future
dates or under other circumstances; or
(b) A life insurance policy the provisions of which,
through sales material or oral presentations, are interpreted
by the company to prospective policyholders as entitling the
policyholder to the benefits described in subsection (a) of
this section.
(3) "Coupon policy" means a life insurance policy which
provides a series of pure endowments maturing periodically
in amounts not exceeding the gross annual policy premiums.
The term "pure endowment" or "endowment" is used in its
accepted actuarial sense, meaning a benefit becoming
payable at a specific future date if the insured person is then
living. [1967 ex.s. c 95 § 5.]
48.25A.020 Certain policies not to be issued or
delivered after September 1, 1967. No profit-sharing,
charter, or founders policy shall be issued or delivered in
this state after September 1, 1967. [1967 ex.s. c 95 § 6.]
48.25A.030 Coupon policies—Approval by commissioner. No coupon policy shall be issued or delivered in this
state until the form of the same has been filed with and
approved by the commissioner. [1967 ex.s. c 95 § 7.]
(2002 Ed.)
48.25.230
48.25A.040 Coupon policies—Requirements.
Coupon policies issued or delivered in this state shall be
subject to the following provisions:
(1) No detachable coupons or certificates or passbooks
may be used. No other device may be used which tends to
emphasize the periodic endowment benefits or which tends
to create the impression that the endowments represent
interest earnings or anything other than benefits which have
been purchased by part of the policyholder’s premium
payments.
(2) Each endowment benefit must have a fixed maturity
date and payment of the endowment benefit shall not be
contingent upon the payment of any premium becoming due
on or after such maturity date.
(3) The endowment benefits must be expressed in dollar
amounts rather than as percentages of other quantities or in
other ways, both in the policy itself and in the sale thereof.
(4) A separate premium for the periodic endowment
benefits must be shown in the policy adjacent to the rest of
the policy premium information and must be given the same
emphasis in the policy and in the sale thereof as that given
the rest of the policy premium information. This premium
shall be calculated with mortality, interest and expense
factors which are consistent with those for the basic policy
premium. [1967 ex.s. c 95 § 8.]
48.25A.050 Revocation of certificates of authority
and licenses for violation of chapter. The commissioner
may revoke all certificates of authority and licenses granted
to any insurance company, its officers or agents violating
any provision of this chapter. [1967 ex.s. c 95 § 9.]
Chapter 48.26
MARINE AND TRANSPORTATION INSURANCE
(RESERVED)
Chapter 48.27
PROPERTY INSURANCE
Sections
48.27.010 Over-insurance prohibited.
48.27.020 Replacement insurance.
Binders: RCW 48.18.230.
Insurable interest, property insurance, nonprofit organizations: RCW
48.18.040.
Policy forms, execution, filing, etc.: Chapter 48.18 RCW.
Rates: Chapter 48.19 RCW.
Standard form of fire policy: RCW 48.18.120.
48.27.010 Over-insurance prohibited. (1) Overinsurance shall be deemed to exist if property or an insurable
interest therein is insured by one or more insurance contracts
against the same hazard in any amount in excess of the fair
value of the property or of such interest, as determined as of
the effective date of the insurance or of any renewal thereof,
or in those instances when insured value is for improvements
and land.
[Title 48 RCW—page 167]
48.27.010
Title 48 RCW: Insurance
(2) For the purposes of this section only the term "fair
value" means the cost of replacement less such depreciation
as is properly applicable to the subject insured.
(3) No person shall knowingly require, request, issue,
place, procure, or accept any insurance contract which would
result in over-insurance of the property or interest therein
proposed to be insured, except as is provided in RCW
48.27.020.
(4) No person shall compel an insured or applicant for
insurance to procure property insurance in an amount in
excess of the amount which could reasonably be expected to
be paid under the policy (or combination of policies) in the
event of a loss, whether such insurance is required in
connection with a loan or otherwise.
(5) Each violation of this section shall subject the
violator to the penalties provided by this code. [1984 c 6 §
1; 1947 c 79 § .27.01; Rem. Supp. 1947 § 45.27.01.]
48.27.020 Replacement insurance. By any contract
of insurance of property or of any insurable interest therein,
the insurer may in connection with a special provision or
endorsement made a part of the policy insure the cost of repair or replacement of such property, if damaged or destroyed by a hazard insured against, and without deduction
of depreciation, subject to such reasonable rules and regulations as may be made by the commissioner. [1951 c 194
§ 1; 1947 c 79 § .27.02; formerly Rem. Supp. 1947 §
45.27.02.]
amount paid as premium for such bonds to the authorized
surety insurer or to the surplus line surety insurer which
issued or guaranteed such bonds. [1955 c 30 § 1. Prior:
1947 c 79 § .28.02; Rem. Supp. 1947 § 45.28.02.]
48.28.030 Judicial bonds—Premium as part of
recoverable costs. In any proceeding the party entitled to
recover costs may include therein such reasonable sum as
was paid to such surety insurer as premium for any bond or
undertaking required therein, and as may be allowed by the
court having jurisdiction of such proceeding. [1955 c 30 §
2. Prior: 1947 c 79 § .28.03; Rem. Supp. 1947 § 45.28.03.]
Rules of court: Cf. RAP 14.3, 18.22.
48.28.040 Official bonds—Payment of premiums.
The premium for bonds given by such surety insurers for
appointive or elective public officers and for such of their
deputies or employees as are required to give bond shall be
paid by the state, political subdivision, or public body so
served. [1955 c 30 § 3. Prior: 1947 c 79 § .28.04; Rem.
Supp. 1947 § 45.28.04.]
48.28.050 Release from liability. A surety insurer
may be released from its liability on the same terms and
conditions as are provided by law for the release of individuals as sureties. [1947 c 79 § .28.05; Rem. Supp. 1947 §
45.28.05.]
Chapter 48.29
TITLE INSURERS
Chapter 48.28
SURETY INSURANCE
Sections
48.28.010 Requirements deemed met by surety insurer.
48.28.020 Fiduciary bonds—Premium as lawful expense.
48.28.030 Judicial bonds—Premium as part of recoverable costs.
48.28.040 Official bonds—Payment of premiums.
48.28.050 Release from liability.
Binders: RCW 48.18.230.
Official bonds in general: Chapter 42.08 RCW.
Policy forms, execution, filing, etc.: Chapter 48.18 RCW.
48.28.010 Requirements deemed met by surety
insurer. Whenever by law or by rule of any court, public
official, or public body, any surety bond, recognizance,
obligation, stipulation or undertaking is required or is permitted to be given, any such bond, recognizance, obligation,
stipulation, or undertaking which is otherwise proper and the
conditions of which are guaranteed by an authorized surety
insurer, or by an unauthorized surety insurer as a surplus line
pursuant to chapter 48.15 RCW of this code, shall be
approved and accepted and shall be deemed to fulfill all
requirements as to number of sureties, residence or status of
sureties, and other similar requirements, and no justification
by such surety shall be necessary. [1947 c 79 § .28.01;
Rem. Supp. 1947 § 45.28.01.]
48.28.020 Fiduciary bonds—Premium as lawful
expense. Any fiduciary required by law to give bonds, may
include as part of his lawful expense to be allowed by the
court or official by whom he was appointed, the reasonable
[Title 48 RCW—page 168]
Sections
48.29.010
48.29.020
48.29.030
48.29.040
48.29.060
48.29.070
48.29.090
48.29.100
48.29.110
48.29.120
48.29.130
48.29.140
48.29.150
48.29.160
48.29.170
48.29.180
48.29.190
48.29.200
Scope of chapter—Definitions.
Qualifications—Guaranty fund deposit.
Amount of deposit.
May do business in two or more counties—Restrictions.
Impairment of deposit.
Levy of execution against deposit.
Purpose of deposit.
Termination of deposit.
Release of securities.
Special reserve fund.
Investments.
Premium rates.
Taxation of title insurers.
Agents—County tract indexes required.
Agents—Separate licenses for individuals not required.
Disclosure of energy conservation payment obligations—
Informational note—Liability.
Conducting business as escrow agent—Requirements—
Violation, penalties.
Prohibited practices.
48.29.010 Scope of chapter—Definitions. (1) This
chapter relates only to title insurers.
(2) None of the provisions of this code shall be deemed
to apply to persons engaged in the business of preparing and
issuing abstracts of title to property and certifying to the
correctness thereof so long as such persons do not guarantee
or insure such titles.
(3) For purposes of this chapter, unless the context
clearly requires otherwise:
(2002 Ed.)
Title Insurers
(a) "Title policy" means any written instrument, contract, or guarantee by means of which title insurance liability
is assumed.
(b) "Abstract of title" means a written representation,
provided pursuant to contract, whether written or oral,
intended to be relied upon by the person who has contracted
for the receipt of such representation, listing all recorded
conveyances, instruments, or documents which, under the
laws of the state of Washington, impart constructive notice
with respect to the chain of title to the real property described. An abstract of title is not a title policy as defined
in this subsection.
(c) "Preliminary report," "commitment," or "binder"
means reports furnished in connection with an application for
title insurance and are offers to issue a title policy subject to
the stated exceptions set forth in the reports, the conditions
and stipulations of the report and the issued policy, and such
other matters as may be incorporated by reference. The
reports are not abstracts of title, nor are any of the rights,
duties, or responsibilities applicable to the preparation and
issuance of an abstract of title applicable to the issuance of
any report. Any such report shall not be construed as, nor
constitute, a representation as to the condition of the title to
real property, but shall constitute a statement of terms and
conditions upon which the issuer is willing to issue its title
policy, if such offer is accepted. [1997 c 14 § 1; 1947 c 79
§ .29.01; Rem. Supp. 1947 § 45.29.01.]
48.29.020 Qualifications—Guaranty fund deposit.
A title insurer shall not be entitled to have a certificate of
authority unless it otherwise qualifies therefor, nor unless:
(1) It is a stock corporation.
(2) It owns or leases and maintains a complete set of
tract indexes of the county in which its principal office
within this state is located.
(3) It deposits and keeps on deposit with the commissioner a guaranty fund in amount as set forth in RCW
48.29.030 and comprised of cash or public obligations as
specified in RCW 48.13.040. [1990 c 76 § 1; 1955 c 86 §
12; 1947 c 79 § .29.02; Rem. Supp. 1947 § 45.29.02.]
Effective date—Supervision of transfers—1955 c 86: See notes
following RCW 48.05.080.
48.29.030 Amount of deposit. (1) The amount of the
required guaranty fund deposit shall be determined by the
population, as at last official United States or official state
census, of the county within which the insurer is to be
authorized to transact its business, as follows:
County population
More
than
but not
more than
0
15,000
35,000
60,000
100,000
150,000
300,000
500,000
15,000
35,000
60,000
100,000
150,000
300,000
500,000
(2002 Ed.)
Amount of
guaranty
fund deposit
required
$ 10,000.00
$ 15,000.00
$ 25,000.00
$ 50,000.00
$ 75,000.00
$100,000.00
$150,000.00
$200,000.00
48.29.010
(2) For authority to transact business in two or more
counties, the insurer must have a guaranty fund deposit in
amount not less than the amount required under subsection
(1) as to that one of the counties in which business is to be
so transacted for which the largest amount is so required.
[1957 c 193 § 16; 1947 c 79 § .29.03; Rem. Supp. 1947 §
45.29.03.]
48.29.040 May do business in two or more counties—Restrictions. (1) Subject to the deposit requirements
of RCW 48.29.030, a title insurer having its principal offices
in one county may be authorized to transact business in only
such additional counties as to which it owns or leases and
maintains, or has a duly authorized agent that owns or leases
and maintains, a complete set of tract indexes.
(2) A title insurer not authorized to transact business in
a certain county may purchase a title policy on property
located therein from another title insurer which is so authorized in that county. The first title insurer may thereafter
issue its own policy of title insurance to the owner of such
property. The first title insurer may combine the insurance
on the title of such property in a single policy which also
insures the title of one or more other pieces of property.
The first title insurer must pay the full premium based on
filed rates for the policy, and must charge the precise same
amount to its own customer for the insurance as to the title
of such property. A title insurer using the authority granted
by this subsection in a transaction must so notify its customer. [1990 c 76 § 2; 1957 c 193 § 17; 1947 c 79 § .29.04;
Rem. Supp. 1947 § 45.29.04.]
48.29.060 Impairment of deposit. If an insurer’s
guaranty fund deposit becomes impaired for any cause, the
commissioner shall forthwith give notice thereof to the
insurer, requiring that the impairment be cured within thirty
days after the date of the notice. If the impairment is not so
cured, the commissioner shall forthwith revoke the insurer’s
certificate of authority. [1947 c 79 § .29.06; Rem. Supp.
1947 § 45.29.06.]
48.29.070 Levy of execution against deposit. If an
insurer fails to satisfy any judgment against it arising out of
its liability under any title insurance policy or certificate of
title issued, insured, or assumed by it, within thirty days
after the finality of the judgment became fixed, the judgment
may be enforced against the insurer’s guaranty fund deposit
through the following procedure:
(1) The judgment creditor shall petition the court
wherein the judgment is entered and as part of the same
cause, truthfully setting forth the facts regarding the insurer’s
failure to satisfy the judgment as required by this section.
(2) Upon such petition the court shall direct issuance of
a special execution directed to the sheriff of Thurston
county, requiring that the sheriff sell so much of the securities on deposit as may be required to satisfy the judgment
and pay the costs of the levy.
(3) The court’s order for issuance of the special execution shall also direct that a copy of the judgment and of the
petition be served upon the commissioner within five days
after the date of the order.
[Title 48 RCW—page 169]
48.29.070
Title 48 RCW: Insurance
(4) Upon issuance of such special execution and upon
such service upon the commissioner, the commissioner shall
deliver to such sheriff sufficient of such securities as may be
required for sale to satisfy the judgment and to pay such
costs. [1955 c 86 § 14; 1947 c 79 § .29.07; Rem. Supp.
1947 § 45.29.07.]
Effective date—Supervision of transfers—1955 c 86: See notes
following RCW 48.05.080.
48.29.090 Purpose of deposit. (1) The securities
comprising the guaranty fund deposit shall be held by the
commissioner as a special guaranty fund securing the faithful
performance by the insurer of all its undertakings and liabilities as to any title guaranteed or insured by it.
(2) Such deposit shall not be subject to any other
liabilities of the insurer until after all its liabilities named in
subsection (1) of this section have been discharged. [1955
c 86 § 16; 1947 c 79 § .29.09; Rem. Supp. 1947 §
45.29.09.]
Effective date—Supervision of transfers—1955 c 86: See notes
following RCW 48.05.080.
48.29.100 Termination of deposit. (1) A guaranty
fund deposit shall be terminated only upon the existence of
any of the following conditions:
(a) Upon termination of all liabilities of the insurer,
other than through reinsurance, under all guaranties or
insurances of titles made, issued, or assumed by it.
(b) Upon reinsurance of all such liabilities of the
insurer, with the commissioner’s approval, in another insurer
holding a certificate of authority as a title insurer in this
state.
(2) For the purposes of this section only, all liability of
the insurer with regard to a title guaranteed or insured by it
shall be deemed terminated upon the expiration of twentyone years from the date of the guaranty or insurance, unless
prior thereto a claim of loss has been made with reference
thereto and settlement of such loss then remains pending.
[1947 c 79 § .29.10; Rem. Supp. 1947 § 45.29.10.]
48.29.110 Release of securities. (1) Upon any
termination of the guaranty fund deposit, the commissioner
shall release the securities comprising it to the insurer after
the following conditions have been complied with:
(a) The insurer shall make written application for such
release, verified by the oaths of its president and secretary.
(b) The commissioner shall in due course following
upon such application make such examination of the records
of the insurer, and of the insurer’s officers under oath, as he
deems reasonably necessary to determine that the conditions
for termination of the deposit have been met.
(2) Upon release of the securities, the commissioner
shall revoke the insurer’s certificate of authority. [1955 c 86
§ 17; 1947 c 79 § .29.11; Rem. Supp. 1947 § 45.29.11.]
Effective date—Supervision of transfers—1955 c 86: See notes
following RCW 48.05.080.
48.29.120 Special reserve fund. (1) Each title insurer
shall annually apportion to a special reserve fund an amount
determined by applying the rate of twenty-five cents for each
one thousand dollars of net increase of insurance it has in
[Title 48 RCW—page 170]
force as at the end of such year. Such apportionment shall
be continued or resumed as needed to maintain the special
reserve fund at an amount equal to not less than the guaranty
fund deposit required of the insurer.
(2) The special reserve fund shall be held by the insurer
as an additional guaranty fund, and shall be used only for the
payment of losses after the insurer’s liquid resources
available for the payment of losses, other than such special
reserve fund or the guaranty fund deposit, have been
exhausted.
(3) For the purposes of computing the special reserve
fund as provided in subsection (1) of this section, net
increase of insurance in force resulting from reinsurance of
the risks of another title insurer shall not be included to the
extent that a like special reserve fund on such insurance is
maintained by the ceding insurer. [1947 c 79 § .29.12; Rem.
Supp. 1947 § 45.29.12.]
48.29.130 Investments. The funds of a domestic title
insurer, other than those representing its guaranty fund
deposit, shall be invested as follows:
(1) Funds in amount not less than its required special
reserve shall be kept invested in investments eligible for
domestic life insurers.
(2) Other funds may be invested in:
(a) The insurer’s plant and equipment, up to a maximum
of fifty percent of capital plus surplus.
(b) Stocks and bonds of abstract companies when
approved by the commissioner.
(c) Investments eligible for the investment of funds of
any domestic insurer. [1967 c 150 § 30; 1947 c 79 § .29.13;
Rem. Supp. 1947 § 45.29.13.]
48.29.140 Premium rates. (1) Premium rates for the
insuring or guaranteeing of titles shall not be excessive,
inadequate, or unfairly discriminatory.
(2) Each title insurer shall forthwith file with the
commissioner a schedule showing the premium rates to be
charged by it. Every addition to or modification of such
schedule or of any rate therein contained shall likewise be
filed with the commissioner, and no such addition or
modification shall be effective until expiration of fifteen days
after date of such filing.
(3) The commissioner may order the modification of
any premium rate or schedule of premium rates found by
him after a hearing to be excessive, or inadequate, or unfairly discriminatory. No such order shall require retroactive
modification. [1947 c 79 § .29.14; Rem. Supp. 1947 §
45.29.14.]
48.29.150 Taxation of title insurers. Title insurers
and their property shall be taxed by this state in accordance
with the general laws relating to taxation, and not otherwise.
[1947 c 79 § .29.15; Rem. Supp. 1947 § 45.29.15.]
48.29.160 Agents—County tract indexes required.
To be licensed as [an] agent of a title insurer, the applicant
must own or lease and maintain a complete set of tract
indexes of the county or counties in which such agent will
do business. [1981 c 223 § 1.]
(2002 Ed.)
Title Insurers
48.29.170 Agents—Separate licenses for individuals
not required. Title insurance agents shall be exempt from
the provisions of *RCW 48.17.090(2) and 48.17.180(1)
which otherwise require that each individual empowered to
exercise the authority of a licensed firm or corporation must
be separately licensed. [1981 c 223 § 2.]
*Reviser’s note: RCW 48.17.090 was amended by 1981 c 339 § 10
which deleted subsection (2).
48.29.180 Disclosure of energy conservation payment obligations—Informational note—Liability. The
existence of notices of payment obligations in RCW
80.28.065 may be disclosed as an informational note to a
preliminary commitment for policy of title insurance.
Neither the inclusion nor the exclusion of any such informational note shall create any liability against such title insurer
under any preliminary commitment for title insurance, policy
or otherwise. [1993 c 245 § 4.]
Findings—Intent—1993 c 245: See note following RCW 80.28.065.
48.29.190 Conducting business as escrow agent—
Requirements—Violation, penalties. (1) Every title
insurance company and title insurance agent conducting the
business of an escrow agent as defined in RCW 18.44.011
and exempt from licensing under RCW 18.44.021(6) shall:
(a) Keep adequate records, as determined by rule by the
insurance commissioner, of all transactions handled by the
title insurance company or title insurance agent, including
itemization of all receipts and disbursements of each transaction. These records shall be maintained in this state, unless
otherwise approved by the insurance commissioner, for a
period of six years from completion of the transaction.
These records shall be open to inspection by the insurance
commissioner or his or her authorized representatives;
(b) Keep separate escrow fund account or accounts in a
recognized Washington state depositary or depositaries
authorized to receive funds, in which shall be kept separate
and apart and segregated from the title insurance company
or title insurance agent’s own funds, all funds or moneys of
clients which are being held by the title insurance company
or title insurance agent pending the closing of a transaction
and such funds shall be deposited not later than the first
banking day following receipt thereof; and
(c) Not make disbursements on any escrow account
without first receiving deposits directly relating to the
account in amounts at least equal to the disbursements. A
title insurance company or title insurance agent shall not
make disbursements until the next business day after the
business day on which the funds are deposited unless the
deposit is made in cash, by interbank electronic transfer, or
in a form that permits conversion of the deposit to cash on
the same day the deposit is made. The deposits shall be in
one of the following forms:
(i) Cash;
(ii) Interbank electronic transfers such that the funds are
unconditionally received by the title insurance company or
the title insurance agent or the title insurance company or
title insurance agent’s depository;
(iii) Checks, negotiable orders of withdrawal, money
orders, cashier’s checks, and certified checks that are payable
(2002 Ed.)
48.29.170
in Washington state and drawn on financial institutions
located in Washington state;
(iv) Checks, negotiable orders of withdrawal, money
orders, and any other item that has been finally paid as
described in RCW 62A.4-213 before any disbursement; or
(v) Any depository check, including any cashier’s check,
certified check, or teller’s check, which is governed by the
provisions of the federal expedited funds availability act, 12
U.S.C. Sec. 4001 et seq.
(2) For purposes of this section, "item" means any
instrument for the payment of money even though it is not
negotiable, but does not include money.
(3) Violation of this section shall subject a title insurance company or title insurance agent to penalties as
prescribed in Title 9A RCW and remedies as provided in
chapter 19.86 RCW and shall constitute grounds for suspension or revocation of the certificate of authority of a title
insurance company or the license of a title insurance agent.
In addition, a violation of this section may subject a title
insurance company or a title insurance agent to penalties as
prescribed in this title. [1999 c 30 § 34.]
48.29.200 Prohibited practices. It is a violation of
this chapter for any title insurance company and title
insurance agent in the conduct of the business of an escrow
agent as defined in RCW 18.44.011 and exempt from
licensing under RCW 18.44.021(6) to:
(1) Directly or indirectly employ any scheme, device, or
artifice to defraud or mislead borrowers or lenders or to
defraud any person;
(2) Directly or indirectly engage in any unfair or
deceptive act or practice toward any person;
(3) Directly or indirectly obtain property by fraud or
misrepresentation;
(4) Knowingly make, publish, or disseminate any false,
deceptive, or misleading information in the conduct of the
business of escrow, or relative to the business of escrow or
relative to any person engaged therein;
(5) Knowingly receive or take possession for personal
use of any property of any escrow business, other than in
payment authorized by this chapter, and with intent to
defraud, omit to make, or cause or direct to be made, a full
and true entry thereof in the books and accounts of the title
insurance company or title insurance agent;
(6) Make or concur in making any false entry, or omit
or concur in omitting to make any material entry, in its
books or accounts;
(7) Knowingly make or publish, or concur in making or
publishing any written report, exhibit, or statement of its
affairs or pecuniary condition containing any material
statement which is false, or omit or concur in omitting any
statement required by law to be contained therein;
(8) Willfully fail to make any proper entry in the books
of the escrow business as required by law;
(9) Fail to disclose in a timely manner to the other officers, directors, controlling persons, or employees the receipt
of service of a notice of an application for an injunction or
other legal process affecting the property or business of a
title insurance company or title insurance agent conducting
an escrow business, including an order to cease and desist or
other order of the insurance commissioner; or
[Title 48 RCW—page 171]
48.29.200
Title 48 RCW: Insurance
(10) Fail to make any report or statement lawfully
required by the insurance commissioner or other public
official. [1999 c 30 § 35.]
Chapter 48.30
UNFAIR PRACTICES AND FRAUDS
Sections
48.30.010
48.30.020
48.30.030
48.30.040
48.30.050
48.30.060
48.30.070
48.30.075
Unfair practices in general—Remedies and penalties.
Anticompact law.
False financial statements.
False information and advertising.
Advertising must show name and domicile.
Insurer name—Deceptive use prohibited.
Advertising of financial condition.
Using existence of insurance guaranty associations in advertising, etc., to sell insurance.
48.30.080 Defamation of insurer.
48.30.090 Misrepresentation of policies.
48.30.100 Dividends not to be guaranteed.
48.30.110 Contributions to candidates for insurance commissioner.
48.30.120 Misconduct of officers, employees.
48.30.130 Presumption of knowledge of director.
48.30.140 Rebating.
48.30.150 Illegal inducements.
48.30.155 Life or disability insurers—Insurance as inducement to purchase of goods, etc.
48.30.157 Charges for extra services.
48.30.170 Rebate—Acceptance prohibited.
48.30.180 "Twisting" prohibited.
48.30.190 Illegal dealing in premiums.
48.30.200 Hypothecation of premium notes.
48.30.210 Misrepresentation in application for insurance.
48.30.220 Destruction, injury, secretion, etc., of property.
48.30.230 False claims or proof—Penalty.
48.30.240 Rate wars prohibited.
48.30.250 Interlocking ownership, management.
48.30.260 Right of debtor or borrower to select agent, broker, insurer.
48.30.270 Public building or construction contracts—Surety bonds or
insurance—Violations concerning—Exemption.
48.30.300 Unfair discrimination, generally—Disability policies, specifically.
48.30.310 Commercial motor vehicle employment driving record not to
be considered, when.
48.30.320 Notice of reason for cancellation, restrictions based on handicaps.
48.30.330 Immunity from libel or slander.
Discrimination prohibited: RCW 48.18.480.
48.30.010 Unfair practices in general—Remedies
and penalties. (1) No person engaged in the business of
insurance shall engage in unfair methods of competition or
in unfair or deceptive acts or practices in the conduct of such
business as such methods, acts, or practices are defined
pursuant to subsection (2) of this section.
(2) In addition to such unfair methods and unfair or
deceptive acts or practices as are expressly defined and
prohibited by this code, the commissioner may from time to
time by regulation promulgated pursuant to chapter 34.05
RCW, define other methods of competition and other acts
and practices in the conduct of such business reasonably
found by the commissioner to be unfair or deceptive after a
review of all comments received during the notice and
comment rule-making period.
(3)(a) In defining other methods of competition and
other acts and practices in the conduct of such business to be
unfair or deceptive, and after reviewing all comments and
documents received during the notice and comment rule[Title 48 RCW—page 172]
making period, the commissioner shall identify his or her
reasons for defining the method of competition or other act
or practice in the conduct of insurance to be unfair or
deceptive and shall include a statement outlining these
reasons as part of the adopted rule.
(b) The commissioner shall include a detailed description of facts upon which he or she relied and of facts upon
which he or she failed to rely, in defining the method of
competition or other act or practice in the conduct of insurance to be unfair or deceptive, in the concise explanatory
statement prepared under RCW 34.05.325(6).
(c) Upon appeal the superior court shall review the
findings of fact upon which the regulation is based de novo
on the record.
(4) No such regulation shall be made effective prior to
the expiration of thirty days after the date of the order by
which it is promulgated.
(5) If the commissioner has cause to believe that any
person is violating any such regulation, the commissioner
may order such person to cease and desist therefrom. The
commissioner shall deliver such order to such person direct
or mail it to the person by registered mail with return receipt
requested. If the person violates the order after expiration of
ten days after the cease and desist order has been received
by him or her, he or she may be fined by the commissioner
a sum not to exceed two hundred and fifty dollars for each
violation committed thereafter.
(6) If any such regulation is violated, the commissioner
may take such other or additional action as is permitted
under the insurance code for violation of a regulation. [1997
c 409 § 107; 1985 c 264 § 13; 1973 1st ex.s. c 152 § 6;
1965 ex.s. c 70 § 24; 1947 c 79 § .30.01; Rem. Supp. 1947
§ 45.30.01.]
Part headings—Severability—1997 c 409: See notes following
RCW 43.22.051.
Severability—1973 1st ex.s. c 152: See note following RCW
48.05.140.
48.30.020 Anticompact law. (1) No person shall
either within or outside of this state enter into any contract,
understanding or combination with any other person to do
jointly or severally any act or engage in any practice for the
purpose of
(a) controlling the rates to be charged for insuring any
risk or any class of risks in this state; or
(b) unfairly discriminating against any person in this
state by reason of his plan or method of transacting insurance, or by reason of his affiliation or nonaffiliation with
any insurance organization; or
(c) establishing or perpetuating any condition in this
state detrimental to free competition in the business of
insurance or injurious to the insuring public.
(2) This section shall not apply relative to ocean marine
and foreign trade insurances.
(3) This section shall not be deemed to prohibit the
doing of things permitted to be done in accordance with the
provisions of chapter 48.19 RCW of this code.
(4) Whenever the commissioner has knowledge of any
violation of this section he shall forthwith order the offending person to discontinue such practice immediately or show
cause to the satisfaction of the commissioner why such order
should not be complied with. If the offender is an insurer or
(2002 Ed.)
Unfair Practices and Frauds
a licensee under this code and fails to comply with such
order within thirty days after receipt thereof, the commissioner may forthwith revoke the offender’s certificate of
authority or licenses. [1947 c 79 § .30.02; Rem. Supp. 1947
§ 45.30.02.]
48.30.030 False financial statements. No person
shall knowingly file with any public official nor knowingly
make, publish, or disseminate any financial statement of an
insurer which does not accurately state the insurer’s financial
condition. [1947 c 79 § .30.03; Rem. Supp. 1947 §
45.30.03.]
48.30.040 False information and advertising. No
person shall knowingly make, publish, or disseminate any
false, deceptive or misleading representation or advertising
in the conduct of the business of insurance, or relative to the
business of insurance or relative to any person engaged
therein. [1947 c 79 § .30.04; Rem. Supp. 1947 § 45.30.04.]
48.30.050 Advertising must show name and domicile. Every advertisement of, by, or on behalf of an insurer
shall set forth the name in full of the insurer and the location
of its home office or principal office, if any, in the United
States (if an alien insurer). [1947 c 79 § .30.05; Rem. Supp.
1947 § 45.30.05.]
48.30.060 Insurer name—Deceptive use prohibited.
No person who is not an insurer shall assume or use any
name which deceptively infers or suggests that it is an
insurer. [1947 c 79 § .30.06; Rem. Supp. 1947 § 45.30.06.]
48.30.070 Advertising of financial condition. (1)
Every advertisement by or on behalf of any insurer purporting to show its financial condition may be in a condensed
form but shall in substance correspond with the insurer’s last
verified statement filed with the commissioner.
(2) No insurer or person in its behalf shall advertise
assets except those actually owned and possessed by the
insurer in its own exclusive right, available for the payment
of losses and claims, and held for the protection of its
policyholders and creditors. [1947 c 79 § .30.07; Rem.
Supp. 1947 § 45.30.07.]
48.30.075 Using existence of insurance guaranty
associations in advertising, etc., to sell insurance. No
person shall make, publish, disseminate, circulate, or place
before the public, or cause, directly or indirectly, to be made,
published, disseminated, circulated, or placed before the
public in any newspaper, magazine, or other publication, or
in the form of a notice, circular, pamphlet, letter, or poster,
or over any radio station or television station, or in any other
way, any advertisement, announcement, or statement which
uses the existence of the Washington Insurance Guaranty
Association or the Washington Life and Disability Insurance
Guaranty Association for the purpose of sales, solicitation,
or inducement to purchase any form of insurance covered by
the Washington Insurance Guaranty Association Act or the
Washington Life and Disability Insurance Guaranty Association Act. [1975-’76 2nd ex.s. c 109 § 9.]
(2002 Ed.)
48.30.020
48.30.080 Defamation of insurer. No person shall
make, publish, or disseminate, or aid, abet or encourage the
making, publishing, or dissemination of any information or
statement which is false or maliciously critical and which is
designed to injure in its reputation or business any authorized insurer or any domestic corporation or reciprocal being
formed pursuant to this code for the purpose of becoming an
insurer. [1947 c 79 § .30.08; Rem. Supp. 1947 § 45.30.08.]
48.30.090 Misrepresentation of policies. No person
shall make, issue or circulate, or cause to be made, issued or
circulated any misrepresentation of the terms of any policy
or the benefits or advantages promised thereby, or the
dividends or share of surplus to be received thereon, or use
any name or title of any policy or class of policies misrepresenting the nature thereof. [1947 c 79 § .30.09; Rem. Supp.
1947 § 45.30.09.]
48.30.100 Dividends not to be guaranteed. No
insurer, agent, broker, solicitor, or other person, shall
guarantee or agree to the payment of future dividends or
future refunds of unused premiums or savings in any specific
or approximate amounts or percentages on account of any
insurance contract. [1947 c 79 § .30.10; Rem. Supp. 1947
§ 45.30.10.]
48.30.110 Contributions to candidates for insurance
commissioner. (1) No insurer or fraternal benefit society
doing business in this state shall directly or indirectly pay or
use, or offer, consent, or agree to pay or use any money or
thing of value for or in aid of any candidate for the office of
insurance commissioner; nor for reimbursement or indemnification of any person for money or property so used.
(2) Any individual who violates any provision of this
section, or who participates in, aids, abets, advises, or
consents to any such violation, or who solicits or knowingly
receives any money or thing of value in violation of this
section, shall be guilty of a gross misdemeanor and shall be
liable to the insurer or society for the amount so contributed
or received. [1982 c 181 § 18; 1947 c 79 § .30.11; Rem.
Supp. 1947 § 45.30.11.]
Severability—1982 c 181: See note following RCW 48.03.010.
48.30.120 Misconduct of officers, employees. No
director, officer, agent, attorney in fact, or employee of an
insurer shall:
(1) Knowingly receive or possess himself of any of its
property, otherwise than in payment for a just demand, and
with intent to defraud, omit to make or to cause or direct to
be made, a full and true entry thereof in its books and
accounts; nor
(2) Make or concur in making any false entry, or concur
in omitting to make any material entry, in its books or
accounts; nor
(3) Knowingly concur in making or publishing any
written report, exhibit or statement of its affairs or pecuniary
condition containing any material statement which is false,
or omit or concur in omitting any statement required by law
to be contained therein; nor
(4) Having the custody or control of its books, wilfully
fail to make any proper entry in the books of the insurer as
[Title 48 RCW—page 173]
48.30.120
Title 48 RCW: Insurance
required by law, or to exhibit or allow the same to be
inspected and extracts to be taken therefrom by any person
entitled by law to inspect the same, or take extracts therefrom; nor
(5) If a notice of an application for an injunction or
other legal process affecting or involving the property or
business of the insurer is served upon him, fail to disclose
the fact of such service and the time and place of such
application to the other directors, officers, and managers
thereof; nor
(6) Fail to make any report or statement lawfully
required by a public officer. [1947 c 79 § .30.12; Rem.
Supp. 1947 § 45.30.12.]
48.30.130 Presumption of knowledge of director. A
director of an insurer is deemed to have such knowledge of
its affairs as to enable him to determine whether any act,
proceeding, or omission of its directors is a violation of any
provision of this chapter. If present at a meeting of directors
at which any act, proceeding, or omission of its directors
which is a violation of any such provision occurs, he must
be deemed to have concurred therein unless at the time he
causes or in writing requires his dissent therefrom to be
entered on the minutes of the directors.
If absent from such meeting, he must be deemed to
have concurred in any such violation if the facts constituting
such violation appear on the records or minutes of the
proceedings of the board of directors, and he remains a
director of the insurer for six months thereafter without
causing or in writing requiring his dissent from such violation to be entered upon such record or minutes. [1947 c 79
§ .30.13; Rem. Supp. 1947 § 45.30.13.]
48.30.140 Rebating. (1) Except to the extent provided
for in an applicable filing with the commissioner then in
effect, no insurer, general agent, agent, broker, or solicitor
shall, as an inducement to insurance, or after insurance has
been effected, directly or indirectly, offer, promise, allow,
give, set off, or pay to the insured or to any employee of the
insured, any rebate, discount, abatement, or reduction of
premium or any part thereof named in any insurance
contract, or any commission thereon, or earnings, profits,
dividends, or other benefit, or any other valuable consideration or inducement whatsoever which is not expressly
provided for in the policy.
(2) Subsection (1) of this section shall not apply as to
commissions paid to a licensed agent, general agent, broker,
or solicitor for insurance placed on that person’s own
property or risks.
(3) This section shall not apply to the allowance by any
marine insurer, or marine insurance agent, general agent,
broker, or solicitor, to any insured, in connection with
marine insurance, of such discount as is sanctioned by
custom among marine insurers as being additional to the
agent’s or broker’s commission.
(4) This section shall not apply to advertising or
promotional programs conducted by insurers, agents, or
brokers whereby prizes, goods, wares, or merchandise, not
exceeding twenty-five dollars in value per person in the
aggregate in any twelve month period, are given to all
[Title 48 RCW—page 174]
insureds or prospective insureds under similar qualifying
circumstances.
(5) This section does not apply to an offset or reimbursement of all or part of a fee paid to a broker as provided
in RCW 48.17.270. [1994 c 203 § 3; 1990 1st ex.s. c 3 § 8;
1985 c 264 § 14; 1975-’76 2nd ex.s. c 119 § 3; 1947 c 79
§ .30.14; Rem. Supp. 1947 § 45.30.14.]
48.30.150 Illegal inducements. No insurer, general
agent, agent, broker, solicitor, or other person shall, as an
inducement to insurance, or in connection with any insurance
transaction, provide in any policy for, or offer, or sell, buy,
or offer or promise to buy or give, or promise, or allow to,
or on behalf of, the insured or prospective insured in any
manner whatsoever:
(1) Any shares of stock or other securities issued or at
any time to be issued on any interest therein or rights
thereto; or
(2) Any special advisory board contract, or other
contract, agreement, or understanding of any kind, offering,
providing for, or promising any profits or special returns or
special dividends; or
(3) Any prizes, goods, wares, or merchandise of an
aggregate value in excess of twenty-five dollars.
This section shall not be deemed to prohibit the sale or
purchase of securities as a condition to or in connection with
surety insurance insuring the performance of an obligation as
part of a plan of financing found by the commissioner to be
designed and operated in good faith primarily for the
purpose of such financing, nor shall it be deemed to prohibit
the sale of redeemable securities of a registered investment
company in the same transaction in which life insurance is
sold. [1990 1st ex.s. c 3 § 9; 1975-’76 2nd ex.s. c 119 § 4;
1957 c 193 § 18; 1947 c 79 § .30.15; Rem. Supp. 1947 §
45.30.15.]
48.30.155 Life or disability insurers—Insurance as
inducement to purchase of goods, etc. No life or disability
insurer shall directly or indirectly participate in any plan to
offer or effect any kind or kinds of insurance in this state as
an inducement to the purchase by the public of any goods,
securities, commodities, services or subscriptions to publications. This section shall not apply to group or blanket
insurance issued pursuant to this code. [1957 c 193 § 19.]
48.30.157 Charges for extra services. Notwithstanding the provisions of RCW 48.30.140, 48.30.150, and
48.30.155, the commissioner may permit an agent or broker
to enter into reasonable arrangements with insureds and
prospective insureds to charge a reduced fee in situations
where services that are charged for are provided beyond the
scope of services customarily provided in connection with
the solicitation and procurement of insurance, so that an
overall charge to an insured or prospective insured is
reasonable taking into account receipt of commissions and
fees and their relation, proportionally, to the value of the
total work performed. [1988 c 248 § 17; 1983 c 3 § 154;
1979 ex.s. c 199 § 10.]
48.30.170 Rebate—Acceptance prohibited. (1) No
insured person shall receive or accept, directly or indirectly,
(2002 Ed.)
Unfair Practices and Frauds
any rebate of premium or part thereof, or any favor, advantage, share in dividends, or other benefits, or any valuable
consideration or inducement not specified or provided for in
the policy, or any commission on any insurance policy to
which he or she is not lawfully entitled as a licensed agent,
broker, or solicitor. The retention by the nominal policyholder in any group life insurance contract of any part of
any dividend or reduction of premium thereon contrary to
the provisions of RCW 48.24.260, shall be deemed the
acceptance and receipt of a rebate and shall be punishable as
provided by this code.
(2) The amount of insurance whereon the insured has so
received or accepted any such rebate or any such commission, other than as to life or disability insurances, shall be
reduced in the proportion that the amount or value of the
rebate or commission bears to the premium for such insurance. In addition to such reduction of insurance, if any, any
such insured shall be liable to a fine of not more than two
hundred dollars.
(3) This section shall not apply to an offset or reimbursement of all or part of a fee paid to a broker as provided
in RCW 48.17.270. [1994 c 203 § 4; 1947 c 79 § .30.17;
Rem. Supp. 1947 § 45.30.17.]
48.30.180 "Twisting" prohibited. No person shall by
misrepresentations or by misleading comparisons, induce or
tend to induce any insured to lapse, terminate, forfeit,
surrender, retain, or convert any insurance policy. [1947 c
79 § .30.18; Rem. Supp. 1947 § 45.30.18.]
48.30.190 Illegal dealing in premiums. (1) No
person shall wilfully collect any sum as premium for
insurance, which insurance is not then provided or is not in
due course to be provided by an insurance policy issued by
an insurer as authorized by this code.
(2) No person shall wilfully collect as premium for
insurance any sum in excess of the amount actually expended or in due course is to be expended for insurance applicable to the subject on account of which the premium was
collected.
(3) No person shall wilfully or knowingly fail to return
to the person entitled thereto within a reasonable length of
time any sum collected as premium for insurance in excess
of the amount actually expended for insurance applicable to
the subject on account of which the premium was collected.
(4) Each violation of this section which does not amount
to a felony shall constitute a misdemeanor. [1947 c 79 §
.30.19; Rem. Supp. 1947 § 45.30.19.]
48.30.200 Hypothecation of premium notes. It shall
be unlawful for any insurer or its representative, or any
agent or broker, to hypothecate, sell, or dispose of any
promissory note, received in payment for any premium or
part thereof on any contract of life insurance or of disability
insurance applied for, prior to delivery of the policy to the
applicant. [1947 c 79 § .30.20; Rem. Supp. 1947 §
45.30.20.]
48.30.210 Misrepresentation in application for
insurance. A person who knowingly makes a false or
misleading statement or impersonation, or who willfully fails
(2002 Ed.)
48.30.170
to reveal a material fact, in or relative to an application for
insurance to an insurer, is guilty of a gross misdemeanor,
and the license of any such person may be revoked. [1995
c 285 § 18; 1990 1st ex.s. c 3 § 10; 1947 c 79 § .30.21;
Rem. Supp. 1947 § 45.30.21.]
Effective date—1995 c 285: See RCW 48.30A.900.
48.30.220 Destruction, injury, secretion, etc., of
property. Any person, who, with intent to defraud or
prejudice the insurer thereof, burns or in any manner injures,
destroys, secretes, abandons, or disposes of any property
which is insured at the time against loss or damage by fire,
theft, embezzlement, or any other casualty, whether the same
be the property of or in the possession of such person or any
other person, under circumstances not making the offense
arson in the first degree, is guilty of a class C felony. [1995
c 285 § 19; 1965 ex.s. c 70 § 25; 1947 c 79 § .30.22; Rem.
Supp. 1947 § 45.30.22.]
Effective date—1995 c 285: See RCW 48.30A.900.
48.30.230 False claims or proof—Penalty. Any
person, who, knowing it to be such:
(1) Presents, or causes to be presented, a false or
fraudulent claim, or any proof in support of such a claim, for
the payment of a loss under a contract of insurance; or
(2) Prepares, makes, or subscribes any false or fraudulent account, certificate, affidavit, or proof of loss, or other
document or writing, with intent that it be presented or used
in support of such a claim, is guilty of a gross misdemeanor,
or if such claim is in excess of one thousand five hundred
dollars, of a class C felony. [1990 1st ex.s. c 3 § 11; 1947
c 79 § .30.23; Rem. Supp. 1947 § 45.30.23.]
48.30.240 Rate wars prohibited. (1) Any insurer
which precipitates, or aids in precipitating or conducting a
rate war and by so doing writes or issues a policy of
insurance at a less rate than permitted under its schedules
filed with the commissioner, or below the rate deemed by
him to be proper and adequate to cover the class of risk
insured, shall have its certificate of authority to do business
in this state suspended until such time as the commissioner
is satisfied that it is charging a proper rate of premium.
(2) Any insurer which has precipitated, or aided in
precipitating or conducting a rate war for the purpose of
punishing or eliminating competitors or stifling competition,
or demoralizing the business, or for any other purpose, and
has ordered the cancellation or rewriting of policies at a rate
lower than that provided by its rating schedules where such
rate war is not in operation, and has paid or attempted to pay
to the insured any return premiums, on any risk so to be
rewritten, on which its agent has received or is entitled to
receive his regular commission, such insurer shall not be
allowed to charge back to such agent any portion of his
commission on the ground that the same has not been
earned. [1947 c 79 § .30.24; Rem. Supp. 1947 § 45.30.24.]
48.30.250 Interlocking ownership, management. (1)
Any insurer may retain, invest in or acquire the whole or
any part of the capital stock of any other insurer or insurers,
or have a common management with any other insurer or
insurers, unless such retention, investment, acquisition or
[Title 48 RCW—page 175]
48.30.250
Title 48 RCW: Insurance
common management is inconsistent with any other provision of this title, or unless by reason thereof the business of
such insurers with the public is conducted in a manner which
substantially lessens competition generally in the insurance
business or tends to create a monopoly therein.
(2) Any person otherwise qualified may be a director of
two or more insurers which are competitors, unless the effect
thereof is to substantially lessen competition between
insurers generally or tends to create a monopoly.
(3) If the commissioner finds, after a hearing thereon,
that there is violation of this section he shall order all such
persons and insurers to cease and desist from such violation
within such time, or extension thereof, as may be specified
in such order. [1949 c 190 § 34; Rem. Supp. 1949 §
45.30.25.]
48.30.260 Right of debtor or borrower to select
agent, broker, insurer. (1) Every debtor or borrower, when
property insurance of any kind is required in connection with
the debt or loan, shall have reasonable opportunity and
choice in the selection of the agent, broker, and insurer
through whom such insurance is to be placed; but only if the
insurance is properly provided for the protection of the
creditor or lender, whether by policy or binder, not later than
at commencement of risk as to such property as respects
such creditor or lender, and in the case of renewal of
insurance, only if the renewal policy, or a proper binder
therefor containing a brief description of the coverage bound
and the identity of the insurer in which the coverage is
bound, is delivered to the creditor or lender not later than
thirty days prior to the renewal date.
(2) Every person who lends money or extends credit and
who solicits insurance on real and personal property must
explain to the borrower in prominently displayed writing that
the insurance related to such loan or credit extension may be
purchased from an insurer or agent of the borrower’s choice,
subject only to the lender’s right to reject a given insurer or
agent as provided in subsection (3)(b) of this section.
(3) No person who lends money or extends credit may:
(a) Solicit insurance for the protection of property, after
a person indicates interest in securing a loan or credit
extension, until such person has received a commitment from
the lender as to a loan or credit extension;
(b) Unreasonably reject a contract of insurance furnished
by the borrower for the protection of the property securing
the credit or lien. A rejection shall not be deemed unreasonable if it is based on reasonable standards, uniformly applied,
relating to the extent of coverage required and the financial
soundness and the services of an insurer. Such standards
shall not discriminate against any particular type of insurer,
nor shall such standards call for rejection of an insurance
contract because the contract contains coverage in addition
to that required in the credit transaction;
(c) Require that any borrower, mortgagor, purchaser,
insurer, broker, or agent pay a separate charge, in connection
with the handling of any contract of insurance required as
security for a loan, or pay a separate charge to substitute the
insurance policy of one insurer for that of another. This
subsection does not include the interest which may be
charged on premium loans or premium advancements in
accordance with the terms of the loan or credit document;
[Title 48 RCW—page 176]
(d) Use or disclose, without the prior written consent of
the borrower, mortgagor, or purchaser taken at a time other
than the making of the loan or extension of credit, information relative to a contract of insurance which is required by
the credit transaction, for the purpose of replacing such
insurance;
(e) Require any procedures or conditions of duly
licensed agents, brokers, or insurers not customarily required
of those agents, brokers, or insurers affiliated or in any way
connected with the person who lends money or extends
credit; or
(f) Require property insurance in an amount in excess
of the amount which could reasonably be expected to be
paid under the policy, or combination of policies, in the
event of a loss.
(4) Nothing contained in this section shall prevent a
person who lends money or extends credit from placing
insurance on real or personal property in the event the
mortgagor, borrower, or purchaser has failed to provide
required insurance in accordance with the terms of the loan
or credit document.
(5) Nothing contained in this section shall apply to
credit life or credit disability insurance. [1990 1st ex.s. c 3
§ 13; 1988 c 248 § 18; 1984 c 6 § 2; 1977 c 61 § 1; 1957
c 193 § 20.]
48.30.270 Public building or construction contracts—Surety bonds or insurance—Violations concerning—Exemption. (Expires December 31, 2006.) (1) No
officer or employee of this state, or of any public agency,
public authority or public corporation except a public corporation or public authority created pursuant to agreement or
compact with another state, and no person acting or purporting to act on behalf of such officer or employee, or public
agency or public authority or public corporation, shall, with
respect to any public building or construction contract which
is about to be, or which has been competitively bid, require
the bidder to make application to, or to furnish financial data
to, or to obtain or procure, any of the surety bonds or
contracts of insurance specified in connection with such
contract, or specified by any law, general, special or local,
from a particular insurer or agent or broker.
(2) No such officer or employee or any person, acting
or purporting to act on behalf of such officer or employee
shall negotiate, make application for, obtain or procure any
of such surety bonds or contracts of insurance, except
contracts of insurance for builder’s risk or owner’s protective
liability, which can be obtained or procured by the bidder,
contractor or subcontractor.
(3) This section shall not be construed to prevent the
exercise by such officer or employee on behalf of the state
or such public agency, public authority, or public corporation
of its right to approve the form, sufficiency or manner or
execution of the surety bonds or contracts of insurance
furnished by the insurer selected by the bidder to underwrite
such bonds, or contracts of insurance.
(4) Any provisions in any invitation for bids, or in any
of the contract documents, in conflict with this section are
declared to be contrary to the public policy of this state.
(5) A violation of this section shall be subject to the
penalties provided by RCW 48.01.080.
(2002 Ed.)
Unfair Practices and Frauds
(6) This section shall not apply to:
(a) The public nonprofit corporation authorized under
RCW 67.40.020; or
(b) Projects in excess of one hundred million dollars for
port districts formed under chapter 53.04 RCW; or
(c) A regional transit authority authorized under RCW
81.112.030. [2000 2nd sp.s. c 4 § 33; 2000 c 143 § 2; 1983
2nd ex.s. c 1 § 6; 1967 ex.s. c 12 § 3.]
Reviser’s note: This section was amended by 2000 c 143 § 2 and by
2000 2nd sp.s. c 4 § 33, each without reference to the other. Both
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Expiration date—2000 c 143: See note following RCW 53.08.145.
State convention and trade center—Corporation exempt: RCW 67.40.020.
48.30.270 Public building or construction contracts—Surety bonds or insurance—Violations concerning—Exemption. (Effective December 31, 2006.) (1) No
officer or employee of this state, or of any public agency,
public authority or public corporation except a public corporation or public authority created pursuant to agreement or
compact with another state, and no person acting or purporting to act on behalf of such officer or employee, or public
agency or public authority or public corporation, shall, with
respect to any public building or construction contract which
is about to be, or which has been competitively bid, require
the bidder to make application to, or to furnish financial data
to, or to obtain or procure, any of the surety bonds or
contracts of insurance specified in connection with such
contract, or specified by any law, general, special or local,
from a particular insurer or agent or broker.
(2) No such officer or employee or any person, acting
or purporting to act on behalf of such officer or employee
shall negotiate, make application for, obtain or procure any
of such surety bonds or contracts of insurance, except
contracts of insurance for builder’s risk or owner’s protective
liability, which can be obtained or procured by the bidder,
contractor or subcontractor.
(3) This section shall not be construed to prevent the
exercise by such officer or employee on behalf of the state
or such public agency, public authority, or public corporation
of its right to approve the form, sufficiency or manner or
execution of the surety bonds or contracts of insurance
furnished by the insurer selected by the bidder to underwrite
such bonds, or contracts of insurance.
(4) Any provisions in any invitation for bids, or in any
of the contract documents, in conflict with this section are
declared to be contrary to the public policy of this state.
(5) A violation of this section shall be subject to the
penalties provided by RCW 48.01.080.
(6) This section shall not apply to:
(a) The public nonprofit corporation authorized under
RCW 67.40.020; or
(b) A regional transit authority authorized under RCW
81.112.030. [2000 2nd sp.s. c 4 § 33; 1983 2nd ex.s. c 1 §
6; 1967 ex.s. c 12 § 3.]
State convention and trade center—Corporation exempt: RCW 67.40.020.
48.30.300 Unfair discrimination, generally—
Disability policies, specifically. Notwithstanding any
provision contained in Title 48 RCW to the contrary:
(2002 Ed.)
48.30.270
(1) No person or entity engaged in the business of
insurance in this state shall refuse to issue any contract of
insurance or cancel or decline to renew such contract
because of the sex or marital status, or the presence of any
sensory, mental, or physical handicap of the insured or
prospective insured. The amount of benefits payable, or any
term, rate, condition, or type of coverage shall not be
restricted, modified, excluded, increased or reduced on the
basis of the sex or marital status, or be restricted, modified,
excluded or reduced on the basis of the presence of any
sensory, mental, or physical handicap of the insured or
prospective insured. Subject to the provisions of subsection
(2) of this section these provisions shall not prohibit fair
discrimination on the basis of sex, or marital status, or the
presence of any sensory, mental, or physical handicap when
bona fide statistical differences in risk or exposure have been
substantiated.
(2) With respect to disability policies issued or renewed
on and after July 1, 1994, that provide coverage against loss
arising from medical, surgical, hospital, or emergency care
services:
(a) Policies shall guarantee continuity of coverage.
Such provision, which shall be included in every policy,
shall provide that:
(i) The policy may be canceled or nonrenewed without
the prior written approval of the commissioner only for
nonpayment of premium or as permitted under RCW
48.18.090; and
(ii) The policy may be canceled or nonrenewed because
of a change in the physical or mental condition or health of
a covered person only with the prior written approval of the
commissioner. Such approval shall be granted only when
the insurer has discharged its obligation to continue coverage
for such person by obtaining coverage with another insurer,
health care service contractor, or health maintenance organization, which coverage is comparable in terms of premiums
and benefits as defined by rule of the commissioner.
(b) It is an unfair practice for a disability insurer to
modify the coverage provided or rates applying to an inforce disability insurance policy and to fail to make such
modification in all such issued and outstanding policies.
(c) Subject to rules adopted by the commissioner, it is
an unfair practice for a disability insurer to:
(i) Cease the sale of a policy form unless it has received
prior written authorization from the commissioner and has
offered all policyholders covered under such discontinued
policy the opportunity to purchase comparable coverage
without health screening; or
(ii) Engage in a practice that subjects policyholders to
rate increases on discontinued policy forms unless such
policyholders are offered the opportunity to purchase
comparable coverage without health screening.
The insurer may limit an offer of comparable coverage
without health screening to a period not less than thirty days
from the date the offer is first made. [1993 c 492 § 287;
1975-’76 2nd ex.s. c 119 § 7.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
[Title 48 RCW—page 177]
48.30.310
Title 48 RCW: Insurance
48.30.310 Commercial motor vehicle employment
driving record not to be considered, when. When an
individual applies for a policy of casualty insurance providing either automobile liability coverage, uninsured motorist
coverage, automobile medical payments coverage, or
automobile physical damage coverage on an individually
owned passenger vehicle or a renewal of such policy, an
insurer shall not consider the applicant’s commercial motor
vehicle employment driving record in determining whether
the policy will be issued or renewed or in determining the
rates for the policy. An insurer shall not cancel such policy
or discriminate in regard to other terms or conditions of the
policy based upon the applicant’s commercial motor vehicle
employment driving record.
"Employment driving record" means that record maintained by the director pertaining to motor vehicle accidents
or convictions for violation of motor vehicle laws while the
applicant is driving a commercial motor vehicle as an
employee of another. [1977 ex.s. c 356 § 3.]
48.30.320 Notice of reason for cancellation, restrictions based on handicaps. Every authorized insurer, upon
canceling, denying, or refusing to renew any individual life,
individual disability, homeowner, dwelling fire, or private
passenger automobile insurance policy, shall, upon written
request, directly notify in writing the applicant or insured, as
the case may be, of the reasons for the action by the insurer.
Any benefits, terms, rates, or conditions of such an insurance
contract which are restricted, excluded, modified, increased,
or reduced because of the presence of a sensory, mental, or
physical handicap shall, upon written request, be set forth in
writing and supplied to the insured. The written communications required by this section shall be phrased in simple
language which is readily understandable to a person of
average intelligence, education, and reading ability. [1979
c 133 § 1.]
48.30.330 Immunity from libel or slander. With
respect to contracts of insurance as defined in RCW
48.30.320, there shall be no liability on the part of, and no
cause of action of any nature shall arise against, the insurance commissioner, the commissioner’s agents, or members
of the commissioner’s staff, or against any insurer, its
authorized representative, its agents, its employees, furnishing to the insurer information as to reasons for cancellation
or refusal to issue or renew, for libel or slander on the basis
of any statement made by any of them in any written notice
of cancellation or refusal to issue or renew, or in any other
communications, oral or written, specifying the reasons for
cancellation or refusal to issue or renew or the providing of
information pertaining thereto, or for statements made or
evidence submitted in any hearing conducted in connection
therewith. [1979 c 133 § 2.]
Chapter 48.30A
INSURANCE FRAUD
Sections
48.30A.005
48.30A.010
48.30A.015
Findings—Intent.
Definitions.
Unlawful acts.
[Title 48 RCW—page 178]
48.30A.020
48.30A.025
48.30A.030
48.30A.035
48.30A.040
48.30A.045
48.30A.050
48.30A.055
48.30A.060
48.30A.065
48.30A.070
48.30A.900
Defenses to proceedings under this chapter.
Trafficking in insurance claims—Penalties.
Injunction available—Remedies—Costs—Attorneys’
fees—Degree of proof—Time limit.
Detrimental judgment—Written notification to appropriate
regulatory or disciplinary body or agency.
Violation—Cause for discipline—Unprofessional conduct—Regulatory penalty.
Insurance antifraud plan—File plan and changes with commissioner—Exemptions.
Insurance antifraud plan—Specific procedures.
Insurance antifraud plan—Review—Disapproval—
Notice—Audit to ensure compliance.
Insurance antifraud plan—Actions taken by insurer—
Report—Not public records.
Insurance antifraud plan—Failure to file or exercise good
faith—Penalty—Failure to follow plan—Civil penalty.
Duty to investigate, enforce, and prosecute violations.
Effective date—1995 c 285.
48.30A.005 Findings—Intent. The legislature finds
that the business of insurance is one affected by the public
interest, requiring that all persons be actuated by good faith,
abstain from deception, and practice honesty and equity in
all insurance matters. The payment of kickbacks, bribes, or
rebates for referrals to service providers, as has been
occurring with increasing regularity in this state, results in
inflated or fraudulent insurance claims, results in greater
insurance costs for all citizens, and is contrary to the public
interest. In particular, the process whereby "cappers" buy
and sell insurance claims without the controls of professional
licensing and discipline creates a fertile ground for illegal
activity and has, in this state, resulted in frauds committed
against injured claimants, insurance companies, and the
public. Operations that engage in this practice have some or
all of the following characteristics: Cappers, acting under an
agreement or understanding that they will receive a pecuniary benefit, refer claimants with real or imaginary claims,
injuries, or property damage to service providers. This sets
off a chain of events that corrupts both the provision of
services and casualty or property insurance for all citizens.
This chain of events includes false claims for services
through the use of false estimates of repair; false prescriptions of care or rehabilitative therapy; services that either do
not occur or are provided by persons unqualified to provide
the services; submission of false claims; submission of and
demands for fraudulent costs, lost wages, pain and suffering,
and the like; and other devices meant to result in false
claims under casualty or property insurance policies or
contracts, whether insured or self-insured, and either directly
or through subrogation.
The legislature finds that combatting these practices
requires laws carefully fashioned to identify practices that
mimic customary business practices. The legislature does
not intend this law to be used against medical and other
business referral practices that are otherwise legal, customary, and unrelated to the furtherance of some or all of the
corrupt practices identified in this chapter. [1995 c 285 § 1.]
48.30A.010 Definitions. The definitions set forth in
this section apply throughout this chapter unless the context
clearly indicates otherwise.
(1) "Casualty or property insurance" includes both the
insurance under which a claim is filed and insurance that
receives a claim through subrogation, and means insurance
(2002 Ed.)
Insurance Fraud
as defined in RCW 48.11.040 and 48.11.070 and includes
self-insurance arrangements.
(2) "Claimant" means a person who has or is believed
by an actor to have an insurance claim.
(3) "Group-buying arrangement" means an arrangement
made by a membership organization having one hundred or
more members in which the organization asks for or receives
valuable consideration in exchange for referring its members
to a service provider; the consideration asked for or received
will be or is used to benefit the entire organization, not just
one or more individuals in positions of power or influence
in the organization; and reasonable efforts are made to
disclose to affected members of the organization the nature
of the referral relationship, including the nature, extent,
amount, and use of the consideration.
(4) "Health care services" means a service provided to
a claimant for treatment of physical or mental illness or
injury arising in whole or substantial part from trauma.
(5) "Insurance claim" means a claim for payment,
benefits, or damages under a contract, plan, or policy of
casualty or property insurance.
(6) "Legal provider" means an active member in good
standing of the Washington state bar association, and any
other person authorized by the Washington state supreme
court to engage in full or limited practice of law.
(7) "Service provider" means a person who directly or
indirectly provides, advertises, or otherwise claims to provide
services.
(8) "Services" means health care services, motor vehicle
body or other motor vehicle repair, and preparing, processing, presenting, or negotiating an insurance claim.
(9) "Trauma" means a physical injury or wound caused
by external force or violence. [1995 c 285 § 2.]
48.30A.015 Unlawful acts. (1) It is unlawful for a
person:
(a) Knowing that the payment is for the referral of a
claimant to a service provider, either to accept payment from
a service provider or, being a service provider, to pay
another; or
(b) To provide or claim or represent to have provided
services to a claimant, knowing the claimant was referred in
violation of (a) of this subsection.
(2) It is unlawful for a service provider to engage in a
regular practice of waiving, rebating, giving, paying, or
offering to waive, rebate, give, or pay all or any part of a
claimant’s casualty or property insurance deductible. [1995
c 285 § 3.]
48.30A.020 Defenses to proceedings under this
chapter. In a proceeding under this chapter, it is a defense
if proven by the defendant by a preponderance of the
evidence that, at the time of the offense:
(1) The conduct alleged was authorized by the rules of
professional conduct or the admission to practice rules for
lawyers as adopted by the state supreme court, Washington
business and professions licensing statutes, or rules adopted
by the secretary of health or the director of licensing;
(2) The payment was an incidental nonmonetary gift or
gratuity, or was purely social in nature;
(2002 Ed.)
48.30A.010
(3) The conduct alleged was an exercise of a groupbuying arrangement;
(4) The conduct alleged was a legal provider paying a
service provider’s bills from the proceeds of an insurance
claim that included the bills;
(5) The conduct alleged was a legal provider paying for
services of an expert witness, including reports, consultation,
and testimony; or
(6) The conduct alleged was a service provider’s
purchase of advertising from an unrelated business that
provides referrals from advertising for groups of ten or more
service providers that are not related to the advertising
business and not related to each other. [1995 c 285 § 4.]
48.30A.025 Trafficking in insurance claims—
Penalties. A violation of RCW 48.30A.015 constitutes
trafficking in insurance claims. A single violation is a gross
misdemeanor. Each subsequent violation, whether alleged in
the same or in subsequent prosecutions, is a class C felony.
[1995 c 285 § 5.]
48.30A.030 Injunction available—Remedies—
Costs—Attorneys’ fees—Degree of proof—Time limit.
Independent of authority granted to the attorney general, the
prosecuting attorney may petition the superior court for an
injunction against a person who has violated this chapter.
Remedies in an injunctive action brought by a prosecuting
attorney are limited to an order enjoining, restraining, or
preventing the doing of any act or practice that constitutes a
violation of this chapter and imposing a civil penalty of up
to five thousand dollars for each violation. The prevailing
party in the action may, in the discretion of the court,
recover its reasonable investigative costs and the costs of the
action including a reasonable attorney’s fee. The degree of
proof required in an action brought under this section is a
preponderance of the evidence. An action under this section
must be brought within three years after the violation of this
chapter occurred. [1995 c 285 § 6.]
48.30A.035 Detrimental judgment—Written notification to appropriate regulatory or disciplinary body or
agency. Whenever a service provider or a person licensed
by the state in a business or profession is convicted, enjoined, or found liable for damages or a civil penalty or
other equitable relief under RCW 48.30A.030, the attorney
general or the prosecuting attorney shall provide written
notification of the judgment to the appropriate regulatory or
disciplinary body or agency. [1995 c 285 § 7.]
48.30A.040 Violation—Cause for discipline—
Unprofessional conduct—Regulatory penalty. A violation
of this chapter is cause for discipline and constitutes unprofessional conduct that could result in any regulatory penalty
provided by law, including refusal, revocation, or suspension
of a business or professional license, or right or admission
to practice. Conduct that constitutes a violation of this
chapter is unprofessional conduct in violation of RCW
18.130.180. [1995 c 285 § 8.]
48.30A.045 Insurance antifraud plan—File plan and
changes with commissioner—Exemptions. (1) Each
[Title 48 RCW—page 179]
48.30A.045
Title 48 RCW: Insurance
insurer licensed to write direct insurance in this state, except
those exempted in subsection (2) of this section, shall institute and maintain an insurance antifraud plan. An insurer licensed on July 1, 1995, shall file its antifraud plan with the
insurance commissioner no later than December 31, 1995.
An insurer licensed after July 1, 1995, shall file its antifraud
plan within six months of licensure. An insurer shall file
any change to the antifraud plan with the insurance commissioner within thirty days after the plan has been modified.
(2) This section does not apply to health carriers, as defined in RCW 48.43.005, life insurers, or title insurers; or
property or casualty insurers with annual gross written
medical malpractice insurance premiums in this state that
exceed fifty percent of their total annual gross written
premiums in this state; or all credit-related insurance written
in connection with a credit transaction in which the creditor
is named as a beneficiary or loss payee under the policy
except vendor single-interest or collateral protection coverage
as defined in RCW 48.22.110(4). [1997 c 92 § 1; 1995 c
285 § 9.]
48.30A.050 Insurance antifraud plan—Specific
procedures. An insurer’s antifraud plan must establish
specific procedures to:
(1) Prevent insurance fraud, including internal fraud
involving employees or company representatives, fraud
resulting from misrepresentation on applications for insurance coverage, and claims fraud;
(2) Review claims in order to detect evidence of
possible insurance fraud and to investigate claims where
fraud is suspected;
(3) Report fraud to appropriate law enforcement
agencies and cooperate with those agencies in their prosecution of fraud cases;
(4) Undertake civil actions against persons who have
engaged in fraudulent activities;
(5) Train company employees and agents in the detection and prevention of fraud. [1995 c 285 § 10.]
48.30A.055 Insurance antifraud plan—Review—
Disapproval—Notice—Audit to ensure compliance. If
after review of an insurer’s antifraud plan, the commissioner
finds that the plan does not comply with RCW 48.30A.050,
the commissioner may disapprove the antifraud plan. Notice
of disapproval must include a statement of the specific
reasons for disapproval. The insurer shall refile a plan
disapproved by the commissioner within sixty days of the
date of the notice of disapproval. The commissioner may
audit insurers to ensure compliance with antifraud plans.
[1995 c 285 § 11.]
ing period. The antifraud plans and summary of the
insurer’s antifraud activities are not public records and are
exempt from chapter 42.17 RCW, are proprietary, are not
subject to public examination, and are not discoverable or
admissible in civil litigation. [1995 c 285 § 12.]
48.30A.065 Insurance antifraud plan—Failure to
file or exercise good faith—Penalty—Failure to follow
plan—Civil penalty. An insurer that fails to file a timely
antifraud plan or who does not make a good faith attempt to
file an antifraud plan that complies with RCW 48.30A.050,
is subject to the penalty provisions of RCW 48.01.080, but
no penalty may be imposed for the first filing made by an
insurer under this chapter. An insurer that fails to follow the
antifraud plan is subject to a civil penalty not to exceed ten
thousand dollars for each violation, at the discretion of the
commissioner after consideration of all relevant factors,
including the willfulness of the violation. [1995 c 285 § 13.]
48.30A.070 Duty to investigate, enforce, and
prosecute violations. It is the duty of all peace officers,
law enforcement officers, and law enforcement agencies
within this state to investigate, enforce, and prosecute all
violations of this chapter. [1995 c 285 § 14.]
48.30A.900 Effective date—1995 c 285. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1995.
[1995 c 285 § 39.]
Chapter 48.31
MERGERS, REHABILITATION, LIQUIDATION
Sections
48.31.010
48.31.020
48.31.030
48.31.040
48.31.045
48.31.050
48.31.060
48.31.070
48.31.080
48.31.090
48.31.100
48.31.105
48.31.111
48.31.115
48.30A.060 Insurance antifraud plan—Actions
taken by insurer—Report—Not public records. Each
insurer shall annually provide to the insurance commissioner
a summary report on actions taken under its antifraud plan
to prevent and combat insurance fraud. The report must also
include, but not be limited to, measures taken to protect and
ensure the integrity of electronic data processing-generated
data and manually compiled data, statistical data on the
amount of resources committed to combatting fraud, and the
amount of fraud identified and recovered during the report[Title 48 RCW—page 180]
48.31.121
48.31.125
48.31.131
48.31.135
48.31.141
Merger or consolidation.
"Insurer"—Scope of term.
Rehabilitation—Grounds.
Rehabilitation—Order—Termination.
Rehabilitation order against insurer—Insurer is party to action or proceeding—Stay the action—Statute of limitations or defense of laches.
Liquidation—Grounds.
Liquidation—Order.
Liquidation—Alien insurers.
Conservation of assets—Foreign insurers.
Conservation of assets—Alien insurers.
Foreign insurers—Conservation, ancillary proceedings.
Conduct of proceedings—Requirement to cooperate—
Definitions—Violations—Penalties.
Commencement of delinquency proceeding by commissioner—Jurisdiction of courts.
Immunity from suit and liability—Persons entitled to protection.
Court order for a formal delinquency proceeding—
Commissioner may petition—Insurer may petition for
hearing and review.
Order of liquidation—Termination of coverage.
Appointment of liquidator—Actions at law or equity—
Statute of limitations or defense of laches.
Recovery from reinsurers—Not reduced by delinquency
proceedings—Direct payment to insured.
Responsibility for payment of a premium—Earned or unearned premium—Violations—Penalties—Rights of
party aggrieved.
(2002 Ed.)
Mergers, Rehabilitation, Liquidation
48.31.145
Liquidator denies claim—Written notice—Objections of
claimant—Court hearing.
48.31.151 Creditor’s claim against insurer is secured by other person—
Subrogated rights—Agreements concerning distributions.
48.31.155 Unclaimed funds—Liquidator’s application for discharge—
Duties of state treasurer.
48.31.161 After termination of liquidation proceeding—Good cause to
reopen proceedings.
48.31.165 Domiciliary receiver not appointed—Court order to liquidate—Notice—Domiciliary receiver appointed in other
state.
48.31.171 Domiciliary liquidator—Reciprocal state—Nonreciprocal
state—Commissioner’s duties.
48.31.175 Foreign or alien insurer—Property located in this state—
Commissioner’s discretion.
48.31.181 Liquidation proceedings—One or more reciprocal states—
Distributions—Special deposit claims—Secured claims.
48.31.184 Ancillary receiver in another state or foreign country—
Failure to transfer assets.
48.31.185 Receiver’s proposal to disperse assets upon liquidation—
Application for approval—Contents of proposal—Notice
of application.
48.31.190 Commencement of proceeding—Venue—Effect of appellate
review.
48.31.200 Injunctions.
48.31.210 Change of venue.
48.31.220 Deposit of moneys collected.
48.31.230 Exemption from filing fees.
48.31.240 Borrowing on pledge of assets.
48.31.260 Liquidation—Date rights, liabilities fixed.
48.31.270 Voidable transfers.
48.31.280 Priority and order of distribution of claims.
48.31.290 Offsets.
48.31.300 Allowance of contingent and other claims.
48.31.310 Time to file claims.
48.31.320 Report for assessment.
48.31.330 Levy of assessment.
48.31.340 Order for payment of assessment.
48.31.350 Publication, transmittal of assessment order.
48.31.360 Judgment upon the assessment.
Dissolution of business corporation: Chapter 23B.14 RCW.
Uniform insurers liquidation act: Chapter 48.99 RCW.
48.31.010 Merger or consolidation. (1) Subject to
the provisions of RCW 48.08.080, relating to the mutualization of stock insurers, RCW 48.09.350, relating to the
conversion or reinsurance of mutual insurers, and RCW
48.10.330, relating to the consolidation or conversion of
reciprocal insurers, a domestic insurer may merge or consolidate with another insurer, subject to the following conditions:
(a) The plan of merger or consolidation must be
submitted to and be approved by the commissioner in
advance of the merger or consolidation.
(b) The commissioner shall not approve any such plan
unless, after a hearing, pursuant to such notice as the
commissioner may require, he finds that it is fair, equitable,
consistent with law, and that no reasonable objection exists.
If the commissioner fails to approve the plan, he shall state
his reasons for such failure in his order made on such
hearing. The insurers involved in the merger shall bear the
expense of the mailing of the notice of hearing and of the
order on hearing.
(c) No director, officer, member, or subscriber of any
such insurer, except as is expressly provided by the plan of
merger or consolidation, shall receive any fee, commission,
other compensation or valuable consideration whatsoever, for
in any manner aiding, promoting or assisting in the merger
or consolidation.
(2002 Ed.)
Chapter 48.31
(d) Any merger or consolidation as to an incorporated
domestic insurer shall in other respects be governed by the
general laws of this state relating to business corporations.
Except, that as to domestic mutual insurers, approval by twothirds of its members who vote thereon pursuant to such notice and procedure as was approved by the commissioner
shall constitute approval of the merger or consolidation as
respects the insurer’s members.
(2) Reinsurance of all or substantially all of the insurance in force of a domestic insurer by another insurer shall
be deemed a consolidation for the purposes of this section.
[1973 1st ex.s. c 107 § 3; 1961 c 194 § 11; 1947 c 79 §
.31.01; Rem. Supp. 1947 § 45.31.01.]
Severability—1973 1st ex.s. c 107: See note following RCW
48.17.330.
48.31.020 "Insurer"—Scope of term. For the
purposes of this chapter, other than as to RCW 48.31.010,
and in addition to persons included under RCW 48.99.010,
the term "insurer" shall be deemed to include an insurer
authorized under chapter 48.05 RCW, an insurer or institution holding a certificate of exemption under RCW
48.38.010, a health care service contractor registered under
chapter 48.44 RCW, and a health maintenance organization
registered under chapter 48.46 RCW, as well as all persons
engaged as, or purporting to be engaged as insurers, institutions issuing charitable gift annuities, health care service
contractors, or health maintenance organizations in this state,
and to persons in process of organization to become insurers,
institutions issuing charitable gift annuities, health care
service contractors, or health maintenance organizations.
[1998 c 284 § 8; 1989 c 151 § 1; 1947 c 79 § .31.02; Rem.
Supp. 1947 § 45.31.02.]
48.31.030 Rehabilitation—Grounds. The commissioner may apply for an order directing him or her to
rehabilitate a domestic insurer upon one or more of the
following grounds: That the insurer
(1) Is insolvent; or
(2) Has refused to submit its books, records, accounts,
or affairs to the reasonable examination of the commissioner;
or
(3) Has failed to comply with the commissioner’s order,
made pursuant to law, to make good an impairment of
capital (if a stock insurer) or an impairment of assets (if a
mutual or reciprocal insurer) within the time prescribed by
law; or
(4) Has transferred or attempted to transfer substantially
its entire property or business, or has entered into any
transaction the effect of which is to merge substantially its
entire property or business in that of any other insurer
without first having obtained the written approval of the
commissioner; or
(5) Is found, after examination, to be in such condition
that its further transaction of business will be hazardous to
its policyholders, or to its creditors, or to its members,
subscribers, or stockholders, or to the public; or
(6) Has willfully violated its charter or any law of this
state; or
(7) Has an officer, director, or manager who has refused
to be examined under oath, concerning its affairs, for which
[Title 48 RCW—page 181]
48.31.030
Title 48 RCW: Insurance
purpose the commissioner is authorized to conduct and to
enforce by all appropriate and available means any such
examination under oath in any other state or territory of the
United States, in which any such officer, director, or
manager may then presently be, to the full extent permitted
by the laws of any such other state or territory, this special
authorization considered; or
(8) Has been the subject of an application for the
appointment of a receiver, trustee, custodian, or sequestrator
of the insurer or of its property, or if a receiver, trustee,
custodian, or sequestrator is appointed by a federal court or
if such appointment is imminent; or
(9) Has consented to such an order through a majority
of its directors, stockholders, members, or subscribers; or
(10) Has failed to pay a final judgment rendered against
it in any state upon any insurance contract issued or assumed
by it, within thirty days after the judgment became final or
within thirty days after time for taking an appeal has
expired, or within thirty days after dismissal of an appeal
before final determination, whichever date is the later; or
(11) There is reasonable cause to believe that there has
been embezzlement from the insurer, wrongful sequestration
or diversion of the insurer’s assets, forgery or fraud affecting
the insurer, or other illegal conduct in, by, or with respect to
the insurer that, if established, would endanger assets in an
amount threatening the solvency of the insurer; or
(12) The insurer has failed to remove a person who in
fact has executive authority in the insurer, whether an
officer, manager, general agent, employee, or other person,
if the person has been found after notice and hearing by the
commissioner to be dishonest or untrustworthy in a way
affecting the insurer’s business; or
(13) Control of the insurer, whether by stock ownership
or ownership or otherwise, and whether direct or indirect, is
in a person or persons found after notice and hearing to be
untrustworthy; or
(14) The insurer has failed to file its annual report or
other financial report required by statute within the time
allowed by law and, after written demand by the commissioner, has failed to give an adequate explanation immediately; or
(15) The board of directors or the holders of a majority
of the shares entitled to vote, request, or consent to rehabilitation under this chapter. [1993 c 462 § 75; 1949 c 190 §
28; 1947 c 79 § .31.03; Rem. Supp. 1949 § 45.31.03.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.040 Rehabilitation—Order—Termination. (1)
An order to rehabilitate a domestic insurer shall direct the
commissioner forthwith to take possession of the property of
the insurer and to conduct the business thereof, and to take
such steps toward removal of the causes and conditions
which have made rehabilitation necessary as the court may
direct.
(2) If at any time the commissioner deems that further
efforts to rehabilitate the insurer would be useless, he or she
may apply to the court for an order of liquidation.
(3) The commissioner, or any interested person upon
due notice to the commissioner, at any time may apply for
an order terminating the rehabilitation proceeding and
permitting the insurer to resume possession of its property
[Title 48 RCW—page 182]
and the conduct of its business, but no such order shall be
granted except when, after a full hearing, the court has
determined that the purposes of the proceedings have been
fully accomplished.
(4) An order to rehabilitate the business of a domestic
insurer, or an alien insurer domiciled in this state, shall
appoint the commissioner and his or her successors in office
as the rehabilitator, and shall direct the rehabilitator to
immediately take possession of the assets of the insurer, and
to administer them under the general supervision of the
court. The filing or recording of the order with the recorder
of deeds of the county in this state in which the principal
business of the company is conducted, or the county in this
state in which the company’s principal office or place of
business is located, imparts the same notice as a deed or
other evidence of title duly filed or recorded with that
recorder of deeds would have imparted. The order to
rehabilitate the insurer by operation of law vests title to all
assets of the insurer in the rehabilitator.
(5) An order issued under this section requires
accountings to the court by the rehabilitator. Accountings
must be done at such intervals as the court specifies in its
order, but no less frequently than semiannually.
(6) Entry of an order of rehabilitation does not constitute an anticipatory breach of contracts of the insurer nor
may it be grounds for retroactive revocation or retroactive
cancellation of contracts of the insurer, unless the revocation
or cancellation is done by the rehabilitator. [1993 c 462 §
76; 1947 c 79 § .31.04; Rem. Supp. 1947 § 45.31.04.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.045 Rehabilitation order against insurer—
Insurer is party to action or proceeding—Stay the
action—Statute of limitations or defense of laches. (1) A
court in this state before which an action or proceeding in
which the insurer is a party, or is obligated to defend a
party, is pending when a rehabilitation order against the
insurer is entered shall stay the action or proceeding for
ninety days and such additional time as is necessary for the
rehabilitator to obtain proper representation and prepare for
further proceedings. The rehabilitator shall take such action
respecting the pending litigation as he or she deems necessary in the interests of justice and for the protection of
creditors, policyholders, and the public. The rehabilitator
shall immediately consider all litigation pending outside this
state and shall petition the courts having jurisdiction over
that litigation for stays whenever necessary to protect the
estate of the insurer.
(2) A statute of limitations or defense of laches does not
run with respect to an action by or against an insurer
between the filing of a petition for appointment of a rehabilitator for that insurer and the order granting or denying that
petition. An action against the insurer that might have been
commenced when the petition was filed may be commenced
for at least sixty days after the order of rehabilitation is
entered or the petition is denied. The rehabilitator may,
upon an order for rehabilitation, within one year or such
other longer time as applicable law may permit, institute an
action or proceeding on behalf of the insurer upon a cause
of action against which the period of limitation fixed by
(2002 Ed.)
Mergers, Rehabilitation, Liquidation
applicable law has not expired at the time of the filing of the
petition upon which the order is entered.
(3) A guaranty association or foreign guaranty association covering life or health insurance or annuities has
standing to appear in a court proceeding concerning the
rehabilitation of a life or health insurer if the association is
or may become liable to act as a result of the rehabilitation.
[1993 c 462 § 77.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.050 Liquidation—Grounds. The commissioner
may apply for an order directing him to liquidate the
business of a domestic insurer or of the United States branch
of an alien insurer having trusteed assets in this state,
regardless of whether or not there has been a prior order
directing him to rehabilitate such insurer, upon any of the
grounds specified in RCW 48.31.030 or upon any one or
more of the following grounds: That the insurer
(1) Has ceased transacting business for a period of one
year; or
(2) Is an insolvent insurer and has commenced voluntary
liquidation or dissolution, or attempts to commence or
prosecute any action or proceeding to liquidate its business
or affairs, or to dissolve its corporate charter, or to procure
the appointment of a receiver, trustee, custodian, or sequestrator under any law except this code; or
(3) Has not organized or completed its organization and
obtained a certificate of authority as an insurer prior to the
expiration or revocation of its solicitation permit. [1947 c 79
§ .31.05; Rem. Supp. 1947 § 45.31.05.]
48.31.060 Liquidation—Order. (1) An order to
liquidate the business of a domestic insurer shall direct the
commissioner forthwith to take possession of the property of
the insurer, to liquidate its business, to deal with the
insurer’s property and business in his own name as commissioner or in the name of the insurer as the court may direct,
to give notice to all creditors who may have claims against
the insurer to present such claims.
(2) The commissioner may apply under this chapter for
an order dissolving the corporate existence of a domestic
insurer:
(a) Upon his application for an order of liquidation of
such insurer, or at any time after such order has been
granted; or
(b) Upon the grounds specified in item (3) of RCW
48.31.050, regardless of whether an order of liquidation is
sought or has been obtained. [1947 c 79 § .31.06; Rem.
Supp. 1947 § 45.31.06.]
48.31.070 Liquidation—Alien insurers. An order to
liquidate the business of the United States branch of an alien
insurer having trusteed assets in this state shall be in the
same terms as those prescribed for domestic insurers, except
that only the assets of the business of such United States
branch shall be included therein. [1947 c 79 § .31.07; Rem.
Supp. 1947 § 45.31.07.]
48.31.080 Conservation of assets—Foreign insurers.
The commissioner may apply for an order directing him to
(2002 Ed.)
48.31.045
conserve the assets within this state of a foreign insurer upon
any one or more of the following grounds:
(1) Upon any of the grounds specified in items (1) to
(9) inclusive of RCW 48.31.030 and in item (2) of RCW
48.31.050.
(2) That its property has been sequestrated in its
domiciliary sovereignty or in any other sovereignty. [1947
c 79 § .31.08; Rem. Supp. 1947 § 45.31.08.]
48.31.090 Conservation of assets—Alien insurers.
The commissioner may apply for an order directing him to
conserve the assets within this state of an alien insurer upon
any one or more of the following grounds:
(1) Upon any of the grounds specified in items (1) to
(9) inclusive of RCW 48.31.030 and in item (2) of RCW
48.31.050; or
(2) That the insurer has failed to comply, within the
time designated by the commissioner, with an order of the
commissioner pursuant to law to make good an impairment
of its trusteed funds; or
(3) That the property of the insurer has been sequestrated in its domiciliary sovereignty or elsewhere. [1947 c 79
§ .31.09; Rem. Supp. 1947 § 45.31.09.]
48.31.100 Foreign insurers—Conservation, ancillary
proceedings. (1) An order to conserve the assets of a
foreign or alien insurer shall direct the commissioner
forthwith to take possession of the property of the insurer
within this state and to conserve it, subject to the further
direction of the court.
(2) Whenever a domiciliary receiver is appointed for
any such insurer in its domiciliary state which is also a
reciprocal state, as defined in *RCW 48.31.110, the court
shall on application of the commissioner appoint the commissioner as the ancillary receiver in this state, subject to the
provisions of the uniform insurers liquidation act. [1947 c
79 § .31.10; Rem. Supp. 1947 § 45.31.10.]
*Reviser’s note: RCW 48.31.110 was recodified as RCW 48.99.010
pursuant to 1993 c 462 § 81.
48.31.105 Conduct of proceedings—Requirement to
cooperate—Definitions—Violations—Penalties. (1) An
officer, manager, director, trustee, owner, employee, or agent
of an insurer or other person with authority over or in charge
of a segment of the insurer’s affairs shall cooperate with the
commissioner in a proceeding under this chapter or an
investigation preliminary to the proceeding. The term
"person" as used in this section includes a person who
exercises control directly or indirectly over activities of the
insurer through a holding company or other affiliate of the
insurer. "To cooperate" as used in this section includes the
following:
(a) To reply promptly in writing to an inquiry from the
commissioner requesting such a reply; and
(b) To make available to the commissioner books,
accounts, documents, or other records or information or
property of or pertaining to the insurer and in his or her
possession, custody, or control.
(2) A person may not obstruct or interfere with the
commissioner in the conduct of a delinquency proceeding or
an investigation preliminary or incidental thereto.
[Title 48 RCW—page 183]
48.31.105
Title 48 RCW: Insurance
(3) This section does not abridge existing legal rights,
including the right to resist a petition for liquidation or other
delinquency proceedings, or other orders.
(4) A person included within subsection (1) of this
section who fails to cooperate with the commissioner, or a
person who obstructs or interferes with the commissioner in
the conduct of a delinquency proceeding or an investigation
preliminary or incidental thereto, or who violates an order
the commissioner issued validly under this chapter may:
(a) Be sentenced to pay a fine not exceeding ten
thousand dollars or to undergo imprisonment for a term of
not more than one year, or both; or
(b) After a hearing, be subject to the imposition by the
commissioner of a civil penalty not to exceed ten thousand
dollars and be subject further to the revocation or suspension
of insurance licenses issued by the commissioner. [1993 c
462 § 58.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.111 Commencement of delinquency proceeding by commissioner—Jurisdiction of courts. (1) Except
as provided in *RCW 48.32A.060, no delinquency proceeding may be commenced under this chapter by anyone other
than the commissioner of this state, and no court has
jurisdiction to entertain a proceeding commenced by another
person.
(2) No court of this state has jurisdiction to entertain a
complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of an
insurer, or praying for an injunction or restraining order or
other relief preliminary to, incidental to, or relating to the
proceedings, other than in accordance with this chapter.
(3) In addition to other grounds for jurisdiction provided
by the law of this state, a court of this state having jurisdiction of the subject matter has jurisdiction over a person
served under the rules of civil procedure or other applicable
provisions of law in an action brought by the receiver of a
domestic insurer or an alien insurer domiciled in this state:
(a) If the person served is an agent, broker, or other
person who has written policies of insurance for or has acted
in any manner on behalf of an insurer against which a
delinquency proceeding has been instituted, in an action
resulting from or incident to such a relationship with the
insurer; or
(b) If the person served is a reinsurer who has entered
into a contract of reinsurance with an insurer against which
a delinquency proceeding has been instituted, or is an agent
or broker of or for the reinsurer, in an action on or incident
to the reinsurance contract; or
(c) If the person served is or has been an officer,
director, manager, trustee, organizer, promoter, or other
person in a position of comparable authority or influence
over an insurer against which a delinquency proceeding has
been instituted, in an action resulting from or incident to
such a relationship with the insurer; or
(d) If the person served is or was at the time of the
institution of the delinquency proceeding against the insurer
holding assets in which the receiver claims an interest on
behalf of the insurer, in an action concerning the assets; or
(e) If the person served is obligated to the insurer in any
way, in an action on or incident to the obligation.
[Title 48 RCW—page 184]
(4) If the court on motion of a party finds that an action
should as a matter of substantial justice be tried in a forum
outside this state, the court may enter an appropriate order
to stay further proceedings on the action in this state. [1993
c 462 § 59.]
*Reviser’s note: RCW 48.32A.060 was repealed by 2001 c 50 § 23.
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.115 Immunity from suit and liability—
Persons entitled to protection. (1) The persons entitled to
protection under this section are:
(a) The commissioner and any other receiver responsible
for conducting a delinquency proceeding under this chapter,
including present and former commissioners and receivers;
and
(b) The commissioner’s employees, meaning all present
and former special deputies and assistant special deputies
and special receivers appointed by the commissioner and all
persons whom the commissioner, special deputies, or
assistant special deputies have employed to assist in a
delinquency proceeding under this chapter. Attorneys,
accountants, auditors, and other professional persons or firms
who are retained as independent contractors, and their
employees, are not considered employees of the commissioner for purposes of this section.
(2) The commissioner and the commissioner’s employees are immune from suit and liability, both personally and
in their official capacities, for a claim for damage to or loss
of property or personal injury or other civil liability caused
by or resulting from an alleged act or omission of the
commissioner or an employee arising out of or by reason of
his or her duties or employment. However, nothing in this
subsection may be construed to hold the commissioner or an
employee immune from suit or liability for any damage, loss,
injury, or liability caused by the intentional or willful and
wanton misconduct of the commissioner or an employee.
(3) If a legal action is commenced against the commissioner or an employee, whether against him or her personally
or in his or her official capacity, alleging property damage,
property loss, personal injury, or other civil liability caused
by or resulting from an alleged act or omission of the
commissioner or an employee arising out of or by reason of
his or her duties or employment, the commissioner and any
employee shall be indemnified from the assets of the insurer
for all expenses, attorneys’ fees, judgments, settlements,
decrees, or amounts due and owing or paid in satisfaction of
or incurred in the defense of the legal action unless it is
determined upon a final adjudication on the merits that the
alleged act or omission of the commissioner or employee
giving rise to the claim did not arise out of or by reason of
his or her duties or employment, or was caused by intentional or willful and wanton misconduct.
(a) Attorneys’ fees and related expenses incurred in
defending a legal action for which immunity or indemnity is
available under this section shall be paid from the assets of
the insurer, as they are incurred, in advance of the final
disposition of such action upon receipt of an undertaking by
or on behalf of the commissioner or employee to repay the
attorneys’ fees and expenses if it is ultimately determined
upon a final adjudication on the merits and that the commis(2002 Ed.)
Mergers, Rehabilitation, Liquidation
sioner or employee is not entitled to immunity or indemnity
under this section.
(b) Any indemnification under this section is an administrative expense of the insurer.
(c) In the event of an actual or threatened litigation
against the commissioner or an employee for which immunity or indemnity may be available under this section, a
reasonable amount of funds that in the judgment of the
commissioner may be needed to provide immunity or
indemnity shall be segregated and reserved from the assets
of the insurer as security for the payment of indemnity until
all applicable statutes of limitation have run or all actual or
threatened actions against the commissioner or an employee
have been completely and finally resolved, and all obligations of the insurer and the commissioner under this section
have been satisfied.
(d) In lieu of segregation and reserving of funds, the
commissioner may obtain a surety bond or make other
arrangements that will enable the commissioner to secure
fully the payment of all obligations under this section.
(4) If a legal action against an employee for which
indemnity may be available under this section is settled
before final adjudication on the merits, the insurer shall pay
the settlement amount on behalf of the employee, or indemnify the employee for the settlement amount, unless the
commissioner determines:
(a) That the claim did not arise out of or by reason of
the employee’s duties or employment; or
(b) That the claim was caused by the intentional or
willful and wanton misconduct of the employee.
(5) In a legal action in which the commissioner is a
defendant, that portion of a settlement relating to the alleged
act or omission of the commissioner is subject to the
approval of the court before which the delinquency proceeding is pending. The court may not approve that portion of
the settlement if it determines:
(a) That the claim did not arise out of or by reason of
the commissioner’s duties or employment; or
(b) That the claim was caused by the intentional or
willful and wanton misconduct of the commissioner.
(6) Nothing in this section removes or limits an immunity, indemnity, benefit of law, right, or defense otherwise
available to the commissioner, an employee, or any other
person, not an employee under subsection (1)(b) of this
section, who is employed by or in the office of the commissioner or otherwise employed by the state.
(7)(a) Subsection (2) of this section applies to any suit
based in whole or in part on an alleged act or omission that
takes place on or after July 25, 1993.
(b) No legal action lies against the commissioner or an
employee based in whole or in part on an alleged act or
omission that took place before July 25, 1993, unless suit is
filed and valid service of process is obtained within twelve
months after July 25, 1993.
(c) Subsections (3), (4), and (5) of this section apply to
a suit that is pending on or filed after July 25, 1993, without
regard to when the alleged act or omission took place.
[1993 c 462 § 60.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
(2002 Ed.)
48.31.115
48.31.121 Court order for a formal delinquency
proceeding—Commissioner may petition—Insurer may
petition for hearing and review. (1) The commissioner
may petition the court alleging, with respect to a domestic
insurer:
(a) That there exists a ground that would justify a court
order for a formal delinquency proceeding against an insurer
under this chapter;
(b) That the interests of policyholders, creditors, or the
public will be endangered by delay; and
(c) The contents of an order deemed necessary by the
commissioner.
(2) Upon a filing under subsection (1) of this section,
the court may issue forthwith, ex parte and without a
hearing, the requested order that shall: Direct the commissioner to take possession and control of all or a part of the
property, books, accounts, documents, and other records of
an insurer, and of the premises occupied by it for transaction
of its business; and until further order of the court enjoin the
insurer and its officers, managers, agents, and employees
from disposition of its property and from the transaction of
its business except with the written consent of the commissioner.
(3) The court shall specify in the order what the order’s
duration shall be, which shall be such time as the court
deems necessary for the commissioner to ascertain the
condition of the insurer. On motion of either party or on its
own motion, the court may from time to time hold hearings
it deems desirable after such notice as it deems appropriate,
and may extend, shorten, or modify the terms of the seizure
order. The court shall vacate the seizure order if the
commissioner fails to commence a formal proceeding under
this chapter after having had a reasonable opportunity to do
so. An order of the court pursuant to a formal proceeding
under this chapter vacates the seizure order.
(4) Entry of a seizure order under this section does not
constitute an anticipatory breach of a contract of the insurer.
(5) An insurer subject to an ex parte order under this
section may petition the court at any time after the issuance
of an order under this section for a hearing and review of the
order. The court shall hold the hearing and review not more
than fifteen days after the request. A hearing under this
subsection may be held privately in chambers, and it must be
so held if the insurer proceeded against so requests.
(6) If, at any time after the issuance of an order under
this section, it appears to the court that a person whose
interest is or will be substantially affected by the order did
not appear at the hearing and has not been served, the court
may order that notice be given. An order that notice be
given does not stay the effect of an order previously issued
by the court. [1993 c 462 § 61.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.125 Order of liquidation—Termination of
coverage. (1) All policies, including bonds and other
noncancellable business, other than life or health insurance
or annuities, in effect at the time of issuance of an order of
liquidation continue in force only until the earliest of:
(a) The end of a period of thirty days from the date of
entry of the liquidation order;
(b) The expiration of the policy coverage;
[Title 48 RCW—page 185]
48.31.125
Title 48 RCW: Insurance
(c) The date when the insured has replaced the insurance coverage with equivalent insurance in another insurer
or otherwise terminated the policy;
(d) The liquidator has effected a transfer of the policy
obligation; or
(e) The date proposed by the liquidator and approved by
the court to cancel coverage.
(2) An order of liquidation terminates coverages at the
time specified in subsection (1) of this section for purposes
of any other statute.
(3) Policies of life or health insurance or annuities shall
continue in force for the period and under the terms provided
by an applicable guaranty association or foreign guaranty
association.
(4) Policies of life or health insurance or annuities or a
period or coverage of the policies not covered by a guaranty
association or foreign guaranty association shall terminate
under subsections (1) and (2) of this section. [1993 c 462 §
62.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.131 Appointment of liquidator—Actions at
law or equity—Statute of limitations or defense of laches.
(1) Upon issuance of an order appointing a liquidator of a
domestic insurer or of an alien insurer domiciled in this
state, an action at law or equity or in arbitration may not be
brought against the insurer or liquidator, whether in this state
or elsewhere, nor may such an existing action be maintained
or further presented after issuance of the order. The courts
of this state shall give full faith and credit to injunctions
against the liquidator or the company when the injunctions
are included in an order to liquidate an insurer issued under
laws in other states corresponding to this subsection.
Whenever, in the liquidator’s judgment, protection of the
estate of the insurer necessitates intervention in an action
against the insurer that is pending outside this state, the
liquidator may intervene in the action. The liquidator may
defend an action in which he or she intervenes under this
section at the expense of the estate of the insurer.
(2) The liquidator may, upon or after an order for
liquidation, within two years or such other longer time as
applicable law may permit, institute an action or proceeding
on behalf of the estate of the insurer upon a cause of action
against which the period of limitation fixed by applicable
law has not expired at the time of the filing of the petition
upon which the order is entered. Where, by an agreement,
a period of limitation is fixed for instituting a suit or
proceeding upon a claim, or for filing a claim, proof of
claim, proof of loss, demand, notice, or the like, or where in
a proceeding, judicial or otherwise, a period of limitation is
fixed, either in the proceeding or by applicable law, for
taking an action, filing a claim or pleading, or doing an act,
and where in such a case the period had not expired at the
date of the filing of the petition, the liquidator may, for the
benefit of the estate, take such an action or do such an act,
required of or permitted to the insurer, within a period of
one hundred eighty days after the entry of an order for
liquidation, or within such further period as is shown to the
satisfaction of the court not to be unfairly prejudicial to the
other party.
[Title 48 RCW—page 186]
(3) A statute of limitation or defense of laches does not
run with respect to an action against an insurer between the
filing of a petition for liquidation against an insurer and the
denial of the petition. An action against the insurer that
might have been commenced when the petition was filed
may be commenced for at least sixty days after the petition
is denied.
(4) A guaranty association or foreign guaranty association has standing to appear in a court proceeding concerning
the liquidation of an insurer if the association is or may
become liable to act as a result of the liquidation. [1993 c
462 § 63.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.135 Recovery from reinsurers—Not reduced
by delinquency proceedings—Direct payment to insured.
The amount recoverable by the commissioner from reinsurers
may not be reduced as a result of the delinquency proceedings, regardless of any provision in the reinsurance contract
or other agreement except as provided in RCW 48.31.290.
Payment made directly to an insured or other creditor does
not diminish the reinsurer’s obligation to the insurer’s estate
except when the reinsurance contract provided for direct
coverage of a named insured and the payment was made in
discharge of that obligation. [1993 c 462 § 64.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.141 Responsibility for payment of a premium—Earned or unearned premium—Violations—
Penalties—Rights of party aggrieved. (1)(a) An agent,
broker, premium finance company, or any other person,
other than the policy owner or the insured, responsible for
the payment of a premium is obligated to pay any unpaid
premium for the full policy term due the insurer at the time
of the declaration of insolvency, whether earned or unearned,
as shown on the records of the insurer. The liquidator also
has the right to recover from the person a part of an unearned premium that represents commission of the person.
Credits or setoffs or both may not be allowed to an agent,
broker, or premium finance company for amounts advanced
to the insurer by the agent, broker, or premium finance
company on behalf of, but in the absence of a payment by,
the policy owner or the insured.
(b) Notwithstanding (a) of this subsection, the agent,
broker, premium finance company, or other person is not
liable for uncollected unearned premium of the insurer. A
presumption exists that the premium as shown on the books
of the insurer is collected, and the burden is upon the agent,
broker, premium finance company, or other person to
demonstrate by a preponderance of the evidence that the
unearned premium was not actually collected. For purposes
of this subsection, "unearned premium" means that portion
of an insurance premium covering the unexpired term of the
policy or the unexpired period of the policy period.
(c) An insured is obligated to pay any unpaid earned
premium due the insurer at the time of the declaration of
insolvency, as shown on the records of the insurer.
(2002 Ed.)
Mergers, Rehabilitation, Liquidation
48.31.141
(2) Upon a violation of this section, the commissioner
may pursue either one or both of the following courses of
action:
(a) Suspend or revoke or refuse to renew the licenses of
the offending party or parties;
(b) Impose a penalty of not more than one thousand
dollars for each violation.
(3) Before the commissioner may take an action as set
forth in subsection (2) of this section, he or she shall give
written notice to the person accused of violating the law,
stating specifically the nature of the alleged violation, and
fixing a time and place, at least ten days thereafter, when a
hearing on the matter shall be held. After the hearing, or
upon failure of the accused to appear at the hearing, the
commissioner, if he or she finds a violation, shall impose
those penalties under subsection (2) of this section that he or
she deems advisable.
(4) When the commissioner takes action in any or all of
the ways set out in subsection (2) of this section, the party
aggrieved has the rights granted under the Administrative
Procedure Act, chapter 34.05 RCW. [1993 c 462 § 65.]
excess received by him or her in trust for the other person.
The term "other person" as used in this section does not
apply to a guaranty association or foreign guaranty association. [1993 c 462 § 67.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.145 Liquidator denies claim—Written notice—Objections of claimant—Court hearing. (1) When
the liquidator denies a claim in whole or in part, the liquidator shall give written notice of the determination to the
claimant or the claimant’s attorney by first class mail at the
address shown in the proof of claim. Within sixty days from
the mailing of the notice, the claimant may file his or her
objections with the liquidator. If no such a filing is made,
the claimant may not further object to the determination.
(2) Whenever the claimant files objections with the
liquidator and the liquidator does not alter his or her denial
of the claim as a result of the objections, the liquidator shall
ask the court for a hearing as soon as practicable and give
notice of the hearing by first class mail to the claimant or
the claimant’s attorney and to other persons directly affected,
not less than ten nor more than thirty days before the date of
the hearing. The matter may be heard by the court or by a
court-appointed referee who shall submit findings of fact
along with his or her recommendation. [1993 c 462 § 66.]
48.31.161 After termination of liquidation proceeding—Good cause to reopen proceedings. After the
liquidation proceeding has been terminated and the liquidator
discharged, the commissioner or other interested party may
at any time petition the court to reopen the proceedings for
good cause, including the discovery of additional assets. If
the court is satisfied that there is justification for reopening,
it shall so order. [1993 c 462 § 69.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.151 Creditor’s claim against insurer is
secured by other person—Subrogated rights—
Agreements concerning distributions. Whenever a creditor
whose claim against an insurer is secured, in whole or in
part, by the undertaking of another person, fails to prove and
file that claim, the other person may do so in the creditor’s
name, and is subrogated to the rights of the creditor, whether
the claim has been filed by the creditor or by the other
person in the creditor’s name, to the extent that he or she
discharges the undertaking. In the absence of an agreement
with the creditor to the contrary, the other person is not
entitled to a distribution until the amount paid to the creditor
on the undertaking plus the distributions paid on the claim
from the insurer’s estate to the creditor equals the amount of
the entire claim of the creditor. The creditor shall hold any
(2002 Ed.)
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.155 Unclaimed funds—Liquidator’s application for discharge—Duties of state treasurer. Unclaimed
funds subject to distribution remaining in the liquidator’s
hands when he or she is ready to apply to the court for
discharge, including the amount distributable to a person
who is unknown or cannot be found, shall be deposited with
the state treasurer, and shall be paid without interest to the
person entitled to them or his or her legal representative
upon proof satisfactory to the state treasurer of his or her
right to them. An amount on deposit not claimed within six
years from the discharge of the liquidator is deemed to have
been abandoned and shall be escheated without formal
escheat proceedings and be deposited with the state treasurer.
[1993 c 462 § 68.]
Severability—Implementation—1993 c 462: See note following
RCW 48.31B.901 and 48.31B.902.
48.31.165 Domiciliary receiver not appointed—
Court order to liquidate—Notice—Domiciliary receiver
appointed in other state. (1) If no domiciliary receiver has
been appointed, the commissioner may apply to the court for
an order directing him or her to liquidate the assets found in
this state of a foreign insurer or an alien insurer not domiciled in this state, on any of the grounds stated in: RCW
48.31.030, except subsection (10) of that section;
48.31.050(2); or 48.31.080.
(2) When an order is sought under subsection (1) of this
section, the court shall cause the insurer to be given thirty
days’ notice and time to respond, or a lesser period reasonable under the circumstances.
(3) If it appears to the court that the best interests of
creditors, policyholders, and the public require, the court
may issue an order to liquidate in whatever terms it deems
appropriate. The filing or recording of the order with the
recorder of deeds of the county in which the principal business of the company in this state is located or the county in
which its principal office or place of business in this state is
located, imparts the same notice as a deed or other evidence
of title duly filed or recorded with that recorder of deeds
would have imparted.
(4) If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this section,
the liquidator under this section shall thereafter act as
[Title 48 RCW—page 187]
48.31.165
Title 48 RCW: Insurance
ancillary receiver under RCW 48.99.030. If a domiciliary
liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under this section, the liquidator under
this section may petition the court for permission to act as
ancillary receiver under RCW 48.99.030.
(5) On the same grounds as are specified in subsection
(1) of this section, the commissioner may petition an
appropriate federal court to be appointed receiver to liquidate
that portion of the insurer’s assets and business over which
the court will exercise jurisdiction, or any lesser part thereof
that the commissioner deems desirable for the protection of
policyholders, creditors, and the public in this state.
(6) The court may order the commissioner, when he or
she has liquidated the assets of a foreign or alien insurer
under this section, to pay claims of residents of this state
against the insurer under those rules on the liquidation of
insurers under this chapter that are otherwise compatible
with this section. [1993 c 462 § 70.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.171 Domiciliary liquidator—Reciprocal
state—Nonreciprocal state—Commissioner’s duties. (1)
Except as to special deposits and security on secured claims
under RCW 48.99.030(2), the domiciliary liquidator of an
insurer domiciled in a reciprocal state is vested by operation
of law with the title to all of the assets, property, contracts,
and rights of action, agents’ balances, and all the books,
accounts, and other records of the insurer located in this
state. The date of vesting is the date of the filing of the
petition, if that date is specified by the domiciliary law for
the vesting of property in the domiciliary state. Otherwise,
the date of vesting is the date of entry of the order directing
possession to be taken. The domiciliary liquidator has the
immediate right to recover balances due from agents and to
obtain possession of the books, accounts, and other records
of the insurer located in this state. The domiciliary liquidator also has the right to recover all other assets of the insurer
located in this state, subject to RCW 48.99.030.
(2) If a domiciliary liquidator is appointed for an insurer
not domiciled in a reciprocal state, the commissioner of this
state is vested by operation of law with the title to all of the
property, contracts, and rights of action, and all the books,
accounts, and other records of the insurer located in this
state, at the same time that the domiciliary liquidator is vested with title in the domicile. The commissioner of this state
may petition for a conservation or liquidation order under
RCW 48.31.100 or 48.99.030, or for an ancillary receivership under RCW 48.99.030, or after approval by the court
may transfer title to the domiciliary liquidator, as the
interests of justice and the equitable distribution of the assets
require.
(3) Claimants residing in this state may file claims with
the liquidator or ancillary receiver, if any, in this state or
with the domiciliary liquidator, if the domiciliary law
permits. The claims must be filed on or before the last date
fixed for the filing of claims in the domiciliary liquidation
proceedings. [1993 c 462 § 71.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
[Title 48 RCW—page 188]
48.31.175 Foreign or alien insurer—Property
located in this state—Commissioner’s discretion. The
commissioner in his or her sole discretion may institute
proceedings under RCW 48.31.121 at the request of the
commissioner or other appropriate insurance official of the
domiciliary state of a foreign or alien insurer having property
located in this state. [1993 c 462 § 72.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.181 Liquidation proceedings—One or more
reciprocal states—Distributions—Special deposit claims—
Secured claims. (1) In a liquidation proceeding in this state
involving one or more reciprocal states, the order of distribution of the domiciliary state controls as to claims of
residents of this and reciprocal states. Claims of residents of
reciprocal states shall be given equal priority of payment
from general assets regardless of where the assets are
located.
(2) The owners of special deposit claims against an
insurer for which a liquidator is appointed in this or any
other state shall be given priority against the special deposits
in accordance with the statutes governing the creation and
maintenance of the deposits. If there is a deficiency in a
deposit, so that the claims secured by it are not fully
discharged from it, the claimants may share in the general
assets, but the sharing shall be deferred until general
creditors, and also claimants against other special deposits
who have received smaller percentages from their respective
special deposits, have been paid percentages of their claims
equal to the percentage paid from the special deposit.
(3) The owner of a secured claim against an insurer for
which a liquidator has been appointed in this or another state
may surrender his or her security and file his or her claim as
a general creditor, or the claim may be discharged by resort
to the security, in which case the deficiency, if any, shall be
treated as a claim against the general assets of the insurer on
the same basis as claims of unsecured creditors. [1993 c
462 § 73.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.184 Ancillary receiver in another state or
foreign country—Failure to transfer assets. If an ancillary
receiver in another state or foreign country, whether called
by that name or not, fails to transfer to the domiciliary
liquidator in this state assets within his or her control other
than special deposits, diminished only by the expenses of the
ancillary receivership, if any, then the claims filed in the
ancillary receivership, other than special deposit claims or
secured claims, shall be placed in the class of claims under
*RCW 48.31.280(7). [1993 c 462 § 74.]
*Reviser’s note: RCW 48.31.280 was amended by 2001 c 40 § 1 and
subsection (7) became subsection (8).
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.185 Receiver’s proposal to disperse assets
upon liquidation—Application for approval—Contents of
proposal—Notice of application. (1) Within one hundred
twenty days of a final determination of insolvency of an
insurer and order of liquidation by a court of competent
(2002 Ed.)
Mergers, Rehabilitation, Liquidation
jurisdiction of this state, the receiver shall make application
to the court for approval of a proposal to disperse assets out
of such insurer’s marshalled assets from time to time as such
assets become available to the Washington Insurance
Guaranty Association and the Washington Life and Disability Insurance Guaranty Association and to any entity or
person performing a similar function in another state. (The
Washington Insurance Guaranty Association and the Washington Life and Disability Insurance Guaranty Association
and any entity or person performing a similar function in
other states shall in this section be referred to collectively as
the "associations".)
(2) Such proposal shall at least include provisions for:
(a) Reserving amounts for the payment of claims falling
within the priorities established in *RCW 48.31.280 (2)(a),
(b), and (c) as now or hereafter amended;
(b) Disbursement of the assets marshalled to date and
subsequent disbursements of assets as they become available;
(c) Equitable allocation of disbursements to each of the
associations entitled thereto;
(d) The securing by the receiver from each of the
associations entitled to disbursements pursuant to this section
an agreement to return to the receiver such assets previously
disbursed as may be required to pay claims of secured
creditors and claims falling within the priorities established
in RCW 48.31.280 as now or hereafter amended in accordance with such priorities. No bond shall be required of any
such association; and
(e) A full report to be made by the association to the
receiver accounting for all assets so disbursed to the association, all disbursements made therefrom, any interest earned
by the association on such assets, and any other matters as
the court may direct.
(3) The receiver’s proposal shall provide for disbursements to the associations in amounts estimated at least equal
to the claim payments made or to be made thereby for which
such associations could assert a claim against the receiver,
and shall further provide that if the assets available for disbursement from time to time do not equal or exceed the
amount of such claim payments made or to be made by the
associations then disbursements shall be in the amount of
available assets.
(4) The receiver’s proposal shall, with respect to an
insolvent insurer writing life insurance, disability insurance,
or annuities, provide for disbursements of assets to the
Washington Life and Disability Insurance Guaranty Association or to any other entity or organization reinsuring,
assuming, or guaranteeing policies or contracts of insurance
under the provisions of the Washington Life and Disability
Insurance Guaranty Association Act.
(5) Notice of such application shall be given to the
associations in and to the commissioners of insurance of
each of the states. Any such notice shall be deemed to have
been given when deposited in the United States certified
mails, first class postage prepaid, at least thirty days prior to
submission of such application to the court. [1975-’76 2nd
ex.s. c 109 § 10.]
*Reviser’s note: RCW 48.31.280 was amended by 1993 c 462 § 83
which deleted subsection (2)(a), (b), and (c).
48.31.190 Commencement of proceeding—Venue—
Effect of appellate review. (1) Proceedings under this
(2002 Ed.)
48.31.185
chapter involving a domestic insurer shall be commenced in
the superior court for the county in which is located the
insurer’s home office or, at the election of the commissioner,
in the superior court for Thurston county. Proceedings under
this chapter involving other insurers shall be commenced in
the superior court for Thurston county.
(2) The commissioner shall commence any such proceeding, the attorney general representing him, by an
application to the court or to any judge thereof, for an order
directing the insurer to show cause why the commissioner
should not have the relief prayed for.
(3) Upon a showing of an emergency or threat of
imminent loss to policyholders of the insurer the court may
issue an ex parte order authorizing the commissioner immediately to take over the premises and assets of the insurer,
the commissioner then to preserve the status quo, pending a
hearing on the order to show cause, which shall be heard as
soon as the court calendar permits in preference to other
civil cases.
(4) In response to any order to show cause issued under
this chapter the insurer shall have the burden of going
forward with and producing evidence to show why the relief
prayed for by the commissioner is not required.
(5) On the return of such order to show cause, and after
a full hearing, the court shall either deny the relief sought in
the application or grant the relief sought in the application
together with such other relief as the nature of the case and
the interest of policyholders, creditors, stockholders, members, subscribers, or the public may require.
(6) No appellate review of a superior court order,
entered after a hearing, granting the commissioner’s petition
to rehabilitate an insurer or to carry out an insolvency
proceeding under this chapter, shall stay the action of the
commissioner in the discharge of his responsibilities under
this chapter, pending a decision by the appellate court in the
matter.
(7) In any proceeding under this chapter the commissioner and his deputies shall be responsible on their official
bonds for the faithful performance of their duties. If the
court deems it desirable for the protection of the assets, it
may at any time require an additional bond from the commissioner or his deputies. [1993 c 462 § 82; 1988 c 202 §
46; 1969 ex.s. c 241 § 13; 1967 c 150 § 31; 1947 c 79 §
.31.19; Rem. Supp. 1947 § 45.31.19.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Severability—1988 c 202: See note following RCW 2.24.050.
48.31.200 Injunctions. (1) Upon application by the
commissioner for such an order to show cause or at any time
thereafter, the court may without notice issue an injunction
restraining the insurer, its officers, directors, stockholders,
members, subscribers, agents, and all other persons from the
transaction of its business or the waste or disposition of its
property until the further order of the court.
(2) The court may at any time during a proceeding
under this chapter issue such other injunctions or orders as
may be deemed necessary to prevent interference with the
commissioner or the proceeding, or waste of the assets of the
insurer, or the commencement or prosecution of any actions,
or the obtaining of preferences, judgments, attachments or
[Title 48 RCW—page 189]
48.31.200
Title 48 RCW: Insurance
other liens, or the making of any levy against the insurer or
against its assets or any part thereof. [1947 c 79 § .31.20;
Rem. Supp. 1947 § 45.31.20.]
48.31.210 Change of venue. At any time after the
commencement of a proceeding under this chapter the
commissioner may apply to the court for an order changing
the venue of, and removing the proceeding to Thurston
county, or to any other county of this state in which he
deems that such proceeding may be most economically and
efficiently conducted. [1947 c 79 § .31.21; Rem. Supp.
1947 § 45.31.21.]
48.31.220 Deposit of moneys collected. The moneys
collected by the commissioner in a proceeding under this
chapter, shall be, from time to time, deposited in one or
more state or national banks, savings banks, or trust companies, and in the case of the insolvency or voluntary or
involuntary liquidation of any such depositary which is an
institution organized and supervised under the laws of this
state, such deposits shall be entitled to priority of payment
on an equality with any other priority given by the banking
law of this state. The commissioner may in his discretion
deposit such moneys or any part thereof in a national bank
or trust company as a trust fund. [1947 c 79 § .31.22; Rem.
Supp. 1947 § 45.31.22.]
48.31.230 Exemption from filing fees. The commissioner shall not be required to pay any fee to any public
officer in this state for filing, recording, issuing a transcript
or certificate, or authenticating any paper or instrument
pertaining to the exercise by the commissioner of any of the
powers or duties conferred upon him under this chapter,
whether or not such paper or instrument be executed by the
commissioner or his deputies, employees, or attorneys of
record and whether or not it is connected with the commencement of an action or proceeding by or against the
commissioner, or with the subsequent conduct of such action
or proceeding. [1947 c 79 § .31.23; Rem. Supp. 1947 §
45.31.23.]
48.31.240 Borrowing on pledge of assets. For the
purpose of facilitating the rehabilitation, liquidation, conservation or dissolution of an insurer pursuant to this chapter
the commissioner may, subject to the approval of the court,
borrow money and execute, acknowledge and deliver notes
or other evidences of indebtedness therefor and secure the
repayment of the same by the mortgage, pledge, assignment,
transfer in trust, or hypothecation of any or all of the
property whether real, personal or mixed of such insurer, and
the commissioner, subject to the approval of the court, shall
have power to take any and all other action necessary and
proper to consummate any such loans and to provide for the
repayment thereof. The commissioner shall be under no
obligation personally or in his official capacity as commissioner to repay any loan made pursuant to this section.
[1947 c 79 § .31.24; Rem. Supp. 1947 § 45.31.24.]
48.31.260 Liquidation—Date rights, liabilities fixed.
The rights and liabilities of the insurer and of its creditors,
policyholders, stockholders, members, subscribers, and all
[Title 48 RCW—page 190]
other persons interested in its estate shall, unless otherwise
directed by the court, be fixed as of the date on which the
order directing the liquidation of the insurer is filed in the
office of the clerk of the court which made the order, subject
to the provisions of RCW 48.31.300 with respect to the
rights of claimants holding contingent claims and RCW
48.31.280 with respect to the priority and order of distributions of claims. [2001 c 40 § 2; 1947 c 79 § .31.26; Rem.
Supp. 1947 § 45.31.26.]
Application—Severability—2001 c 40: See notes following RCW
48.31.280.
48.31.270 Voidable transfers. (1) Any transfer of, or
lien upon, the property of an insurer which is made or
created within four months prior to the granting of an order
to show cause under this chapter with the intent of giving to
any creditor or of enabling him to obtain a greater percentage of his debt than any other creditor of the same class and
which is accepted by such creditor having reasonable cause
to believe that such a preference will occur, shall be voidable.
(2) Every director, officer, employee, stockholder,
member, subscriber, and any other person acting on behalf
of such insurer who shall be concerned in any such act or
deed and every person receiving thereby any property of
such insurer or the benefit thereof shall be personally liable
therefor and shall be bound to account to the commissioner.
(3) The commissioner as liquidator, rehabilitator or
conservator in any proceeding under this chapter, may avoid
any transfer of, or lien upon the property of an insurer which
any creditor, stockholder, subscriber or member of such
insurer might have avoided and may recover the property so
transferred unless such person was a bona fide holder for
value prior to the date of the granting of an order to show
cause under this chapter. Such property or its value may be
recovered from anyone who has received it except a bona
fide holder for value as above specified. [1947 c 79 §
.31.27; Rem. Supp. 1947 § 45.31.27.]
48.31.280 Priority and order of distribution of
claims. The priority of distribution of claims from the
insurer’s estate is as follows: Every claim in a class must be
paid in full or adequate funds retained for payment before
the members of the next class receive any payment; no
subclasses may be established within a class; and no claim
by a shareholder, policyholder, or other creditor may
circumvent the priority classes through the use of equitable
remedies. The order of distribution of claims is:
(1) Class 1. The costs and expenses of administration
during rehabilitation and liquidation, including but not
limited to the following:
(a) The actual and necessary costs of preserving or
recovering the assets of the insurer;
(b) Compensation for all authorized services rendered in
the rehabilitation and liquidation;
(c) Necessary filing fees;
(d) The fees and mileage payable to witnesses;
(e) Authorized reasonable attorneys’ fees and other
professional services rendered in the rehabilitation and
liquidation;
(2002 Ed.)
Mergers, Rehabilitation, Liquidation
(f) The reasonable expenses of a guaranty association or
foreign guaranty association for unallocated loss adjustment
expenses.
(2) Class 2. Loss claims. For purposes of this section,
loss claims are all claims under policies, including claims of
the federal or a state or local government, for losses incurred, including third-party claims, and all claims of a
guaranty association or foreign guaranty association. All
claims under life insurance and annuity policies, whether for
death proceeds, annuity proceeds, or investment values, are
loss claims. That portion of any loss indemnification that is
provided for by other benefits or advantages recovered by
the claimant, is not included in this class, other than benefits
or advantages recovered or recoverable in discharge of familial obligations of support or by way of succession at death
or as proceeds of life insurance, or as gratuities. No
payment by an employer to an employee may be treated as
a gratuity. Loss claims also include claims under nonassessable policies for unearned premium or other premium
refunds.
(3) Class 3. Claims of the federal government, other
than claims which are included as loss claims under subsection (2) of this section.
(4) Class 4. Reasonable compensation to employees for
services performed to the extent that they do not exceed two
months of monetary compensation and represent payment for
services performed within one year before the filing of the
petition for liquidation or, if rehabilitation preceded liquidation, within one year before the filing of the petition for
rehabilitation; except, where there are no claims and no
potential claims of the federal government in the estate, in
which case claims in this class shall have priority over
claims in class 2 and below. Principal officers and directors
are not entitled to the benefit of this priority except as
otherwise approved by the liquidator and the court. This
priority is in lieu of any other similar priority that may be
authorized by law as to wages or compensation of employees.
(5) Class 5. Claims of general creditors including
claims of ceding and assuming companies in their capacity
as such.
(6) Class 6. Claims of any state or local government,
except those under subsection (2) of this section. Claims,
including those of any governmental body for a penalty or
forfeiture, are allowed in this class only to the extent of the
pecuniary loss sustained from the act, transaction, or proceeding out of which the penalty or forfeiture arose, with
reasonable and actual costs occasioned thereby. The
remainder of such claims are postponed to the class of
claims under subsection (9) of this section.
(7) Class 7. Claims filed late or any other claims other
than claims under subsections (8) and (9) of this section.
(8) Class 8. Surplus or contribution notes, or similar
obligations, and premium refunds on assessable policies.
Payments to members of domestic mutual insurance companies are limited in accordance with law.
(9) Class 9. The claims of shareholders or other owners
in their capacity as shareholders. [2001 c 40 § 1; 1993 c
462 § 83; 1975-’76 2nd ex.s. c 109 § 1; 1947 c 79 § .31.28;
Rem. Supp. 1947 § 45.31.28.]
(2002 Ed.)
48.31.280
Application—2001 c 40: "This act applies to and governs all claims
filed in any proceeding to liquidate an insurer that is initiated on or after
January 1, 2001." [2001 c 40 § 3.]
Severability—2001 c 40: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2001 c 40 § 4.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.290 Offsets. (1) In all cases of mutual debts or
mutual credits between the insurer and another person in
connection with any action or proceeding under this chapter,
such credits and debts shall be set off and the balance only
shall be allowed or paid, except as provided in subsection (2)
of this section.
(2) No offset shall be allowed in favor of any such
person where (a) the obligation of the insurer to such person
would not at the date of the entry of any liquidation order,
or otherwise, as provided in RCW 48.31.260, entitle him to
share as a claimant in the assets of the insurer, or (b) the
obligation of the insurer to such person was purchased by or
transferred to such person with a view of its being used as
an offset, or (c) the obligation of such person is to pay an
assessment levied against the members of a mutual insurer,
or against the subscribers of a reciprocal insurer, or is to pay
a balance upon a subscription to the capital stock of a stock
insurer. [1947 c 79 § .31.29; Rem. Supp. 1947 § 45.31.29.]
48.31.300 Allowance of contingent and other claims.
(1) No contingent claim shall share in a distribution of the
assets of an insurer which has been adjudicated to be
insolvent by an order made pursuant to RCW 48.31.310,
except that such claims shall be considered, if properly
presented, and may be allowed to share where:
(a) Such claim becomes absolute against the insurer on
or before the last day fixed for filing of proofs of claim
against the assets of such insurer, or
(b) There is a surplus and the liquidation is thereafter
conducted upon the basis that such insurer is solvent.
(2) Where an insurer has been so adjudicated to be
insolvent any person who has a cause of action against an
insured of such insurer under a liability insurance policy
issued by such insurer, shall have the right to file a claim in
the liquidation proceeding, regardless of the fact that such
claim may be contingent, and such claim may be allowed
(a) If it may be reasonably inferred from the proof
presented upon such claim that such person would be able to
obtain a judgment upon such cause of action against such
insured; and
(b) If such person shall furnish suitable proof, unless the
court for good cause shown shall otherwise direct, that no
further valid claims against such insurer arising out of his or
her cause of action other than those already presented can be
made; and
(c) If the total liability of such insurer to all claimants
arising out of the same act of its insured shall be no greater
than its maximum liability would be were it not in liquidation.
No judgment against such an insured taken after the
date of the entry of the liquidation order shall be considered
in the liquidation proceedings as evidence of liability, or of
[Title 48 RCW—page 191]
48.31.300
Title 48 RCW: Insurance
the amount of damages, and no judgment against an insured
taken by default, inquest or by collusion prior to the entry of
the liquidation order shall be considered as conclusive
evidence in the liquidation proceeding either of the liability
of such insured to such person upon such cause of action or
of the amount of damages to which such person is therein
entitled.
(3) No claim of any secured claimant shall be allowed
at a sum greater than the difference between the value of the
claim without security and the value of the security itself as
of the date of the entry of the order of liquidation or such
other date set by the court for fixation of rights and liabilities as provided in RCW 48.31.260 unless the claimant shall
surrender his or her security to the commissioner in which
event the claim shall be allowed in the full amount for which
it is valued.
(4) Whether or not the third party files a claim, the
insured may file a claim on his or her own behalf in the
liquidation.
(5) No claim may be presented under this section if it
is or may be covered by a guaranty association or foreign
guaranty association. [1993 c 462 § 84; 1947 c 79 § .31.30;
Rem. Supp. 1947 § 45.31.30.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.31.310 Time to file claims. (1) If upon the
granting of an order of liquidation under this chapter or at
any time thereafter during the liquidation proceeding, the
insurer shall not be clearly solvent, the court shall after such
notice and hearing as it deems proper, make an order declaring the insurer to be insolvent. Thereupon, regardless of any
prior notice which may have been given to creditors, the
commissioner shall notify all persons who may have claims
against such insurer and who have not filed proper proofs
thereof, to present the same to him, at a place specified in
such notice, within four months from the date of the entry of
such order, or if the commissioner shall certify that it is
necessary, within such longer time as the court shall prescribe. The last day for the filing of proofs of claim shall be
specified in the notice. Such notice shall be given in a
manner determined by the court.
(2) Proofs of claim may be filed subsequent to the date
specified, but no such claim shall share in the distribution of
the assets until all allowed claims, proofs of which have
been filed before said date, have been paid in full with
interest. [1947 c 79 § .31.31; Rem. Supp. 1947 § 45.31.31.]
48.31.320 Report for assessment. Within three years
from the date an order of rehabilitation or liquidation of a
domestic mutual insurer or a domestic reciprocal insurer was
filed in the office of the clerk of the court by which such
order was made, the commissioner may make a report to the
court setting forth
(1) the reasonable value of the assets of the insurer;
(2) the insurer’s probable liabilities; and
(3) the probable necessary assessment, if any, to pay all
claims and expenses in full, including expenses of administration. [1947 c 79 § .31.32; Rem. Supp. 1947 § 45.31.32.]
[Title 48 RCW—page 192]
48.31.330 Levy of assessment. (1) Upon the basis of
the report provided for in RCW 48.31.320, including any
amendments thereof, the court, ex parte, may levy one or
more assessments against all members of such insurer who,
as shown by the records of the insurer, were members (if a
mutual insurer) or subscribers (if a reciprocal insurer) at any
time within one year prior to the date of issuance of the
order to show cause under RCW 48.31.190.
(2) Such assessment or assessments shall cover the
excess of the probable liabilities over the reasonable value of
the assets, together with the estimated cost of collection and
percentage of uncollectibility thereof. The total of all
assessments against any member or subscriber with respect
to any policy, whether levied pursuant to this chapter or
pursuant to any other provisions of this code, shall be for no
greater amount than that specified in the policy or policies
of the member or subscriber and as limited under this code;
except that if the court finds that the policy was issued at a
rate of premium below the minimum rate lawfully permitted
for the risk insured, the court may determine the upper limit
of such assessment upon the basis of such minimum rate.
(3) No assessment shall be levied against any member
or subscriber with respect to any nonassessable policy issued
in accordance with this code. [1947 c 79 § .31.33; Rem.
Supp. 1947 § 45.31.33.]
48.31.340 Order for payment of assessment. After
levy of assessment as provided in RCW 48.31.330, upon the
filing of a further detailed report by the commissioner, the
court shall issue an order directing each member (if a mutual
insurer) or each subscriber (if a reciprocal insurer) if he shall
not pay the amount assessed against him to the commissioner on or before a day to be specified in the order, to show
cause why he should not be held liable to pay such assessment together with costs as set forth in RCW 48.31.360 and
why the commissioner should not have judgment therefor.
[1947 c 79 § .31.34; Rem. Supp. 1947 § 45.31.34.]
48.31.350 Publication, transmittal of assessment
order. The commissioner shall cause a notice of such
assessment order setting forth a brief summary of the
contents of such order to be:
(1) Published in such manner as shall be directed by the
court; and
(2) Enclosed in a sealed envelope, addressed and mailed
postage prepaid to each member or subscriber liable thereunder at his last known address as it appears on the records of
the insurer, at least twenty days before the return day of the
order to show cause provided for in RCW 48.31.340. [1947
c 79 § .31.35; Rem. Supp. 1947 § 45.31.35.]
48.31.360 Judgment upon the assessment. (1) On
the return day of the order to show cause provided for in
RCW 48.31.340 if the member or subscriber does not appear
and serve verified objections upon the commissioner, the
court shall make an order adjudging that such member or
subscriber is liable for the amount of the assessment against
him together with ten dollars costs, and that the commissioner may have judgment against the member or subscriber
therefor.
(2002 Ed.)
Mergers, Rehabilitation, Liquidation
(2) If on such return day the member or subscriber shall
appear and serve verified objections upon the commissioner
there shall be a full hearing before the court or a referee to
hear and determine, who, after such hearing, shall make an
order either negativing the liability of the member or
subscriber to pay the assessment or affirming his liability to
pay the whole or some part thereof together with twenty-five
dollars costs and the necessary disbursements incurred at
such hearing, and directing that the commissioner in the
latter case may have judgment therefor.
(3) A judgment upon any such order shall have the
same force and effect, and may be entered and docketed, and
may be appealed from as if it were a judgment in an original
action brought in the court in which the proceeding is
pending. [1947 c 79 § .31.36; Rem. Supp. 1947 § 45.31.36.]
Chapter 48.31B
INSURER HOLDING COMPANY ACT
Sections
48.31B.005
48.31B.010
48.31B.015
48.31B.020
48.31B.025
48.31B.030
48.31B.035
48.31B.040
48.31B.045
48.31B.050
48.31B.055
48.31B.060
48.31B.065
48.31B.070
48.31B.900
48.31B.901
48.31B.902
Definitions.
Insurer ceases to control subsidiary—Disposal of investment.
Control of insurer—Acquisition, merger, or exchange—
Preacquisition notification—Jurisdiction of courts.
Acquisition of insurer—Change in control—Definitions—
Exemptions—Competition—Preacquisition notification—Violations—Penalties.
Registration with commissioner—Information required—
Rule making—Disclaimer of affiliation—Failure to file.
Insurer subject to registration—Standards for transactions
within a holding company system—Extraordinary dividends or distributions—Insurer’s surplus.
Examination of insurers—Commissioner may order production of information—Failure to comply—Costs of
examination.
Rule making.
Violations of chapter—Commissioner may seek superior
court order.
Violations of chapter—Penalties—Civil forfeitures—
Orders—Referral to prosecuting attorney—
Imprisonment.
Violations of chapter—Impairment of financial condition—
Commissioner may take possession.
Order for liquidation or rehabilitation—Recovery of distributions or payments—Personal liability—Maximum
amount recoverable.
Violations of chapter—Contrary to interests of policyholders or the public—Suspension, revocation, or
nonrenewal of license.
Person aggrieved by actions of commissioner.
Short title.
Severability—1993 c 462.
Implementation—1993 c 462.
48.31B.005 Definitions. As used in this chapter, the
following terms have the meanings set forth in this section,
unless the context requires otherwise.
(1) An "affiliate" of, or person "affiliated" with, a
specific person, is a person who directly, or indirectly
through one or more intermediaries, controls, or is controlled
by, or is under common control with, the person specified.
(2) The term "control," including the terms "controlling," "controlled by," and "under common control with,"
means the possession, direct or indirect, of the power to
direct or cause the direction of the management and policies
of a person, whether through the ownership of voting
(2002 Ed.)
48.31.360
securities, by contract other than a commercial contract for
goods or nonmanagement services, or otherwise, unless the
power is the result of an official position with or corporate
office held by the person. Control is presumed to exist if a
person, directly or indirectly, owns, controls, holds with the
power to vote, or holds proxies representing, ten percent or
more of the voting securities of any other person. This
presumption may be rebutted by a showing made in a
manner similar to that provided by RCW 48.31B.025(11)
that control does not exist in fact. The commissioner may
determine, after furnishing all persons in interest notice and
opportunity to be heard and making specific findings of fact
to support such determination, that control exists in fact, notwithstanding the absence of a presumption to that effect.
(3) An "insurance holding company system" consists of
two or more affiliated persons, one or more of which is an
insurer.
(4) The term "insurer" has the same meaning as set
forth in RCW 48.01.050; it does not include agencies,
authorities, or instrumentalities of the United States, its
possessions and territories, the commonwealth of Puerto
Rico, the District of Columbia, or a state or political subdivision of a state.
(5) A "person" is an individual, a corporation, a partnership, an association, a joint stock company, a trust, an
unincorporated organization, a similar entity, or any combination of the foregoing acting in concert, but does not
include a joint venture partnership exclusively engaged in
owning, managing, leasing, or developing real or tangible
personal property.
(6) A "securityholder" of a specified person is one who
owns a security of that person, including common stock,
preferred stock, debt obligations, and any other security
convertible into or evidencing the right to acquire any of the
foregoing.
(7) A "subsidiary" of a specified person is an affiliate
controlled by that person directly or indirectly through one
or more intermediaries.
(8) The term "voting security" includes a security
convertible into or evidencing a right to acquire a voting
security. [1993 c 462 § 2.]
48.31B.010 Insurer ceases to control subsidiary—
Disposal of investment. If an insurer ceases to control a
subsidiary, it shall dispose of any investment in the subsidiary within three years from the time of the cessation of control or within such further time as the commissioner may
prescribe, unless at any time after the investment has been
made, the investment meets the requirements for investment
under any other section of this Title, and the insurer has
notified the commissioner thereof. [1993 c 462 § 3.]
48.31B.015 Control of insurer—Acquisition,
merger, or exchange—Preacquisition notification—
Jurisdiction of courts. (1) No person other than the issuer
may make a tender offer for or a request or invitation for
tenders of, or enter into an agreement to exchange securities
of, seek to acquire, or acquire, in the open market or
otherwise, voting security of a domestic insurer if, after the
consummation thereof, the person would, directly or indirectly, or by conversion or by exercise of a right to acquire, be
in control of the insurer. No person may enter into an
[Title 48 RCW—page 193]
48.31B.015
Title 48 RCW: Insurance
agreement to merge with or otherwise to acquire control of
a domestic insurer or person controlling a domestic insurer
unless, at the time the offer, request, or invitation is made or
the agreement is entered into, or before the acquisition of the
securities if no offer or agreement is involved, the person
has filed with the commissioner and has sent to the insurer,
a statement containing the information required by this
section and the offer, request, invitation, agreement, or
acquisition has been approved by the commissioner as
prescribed in this section.
For purposes of this section a domestic insurer includes
a person controlling a domestic insurer unless the person, as
determined by the commissioner, is either directly or through
its affiliates primarily engaged in business other than the
business of insurance. However, the person shall file a
preacquisition notification with the commissioner containing
the information set forth in RCW 48.31B.020(3)(a) sixty
days before the proposed effective date of the acquisition.
Persons who fail to file the required preacquisition notification with the commissioner are subject to the penalties in
RCW 48.31B.020(5)(c). For the purposes of this section,
"person" does not include a securities broker holding, in
usual and customary broker’s function, less than twenty
percent of the voting securities of an insurance company or
of a person who controls an insurance company.
(2) The statement to be filed with the commissioner
under this section must be made under oath or affirmation
and must contain the following information:
(a) The name and address of each person by whom or
on whose behalf the merger or other acquisition of control
referred to in subsection (1) of this section is to be effected,
hereinafter called "acquiring party," and:
(i) If that person is an individual, his or her principal
occupation and all offices and positions held during the past
five years, and any conviction of crimes other than minor
traffic violations during the past ten years;
(ii) If that person is not an individual, a report of the
nature of its business operations during the past five years or
for such lesser period as the person and any predecessors
have been in existence; an informative description of the
business intended to be done by the person’s subsidiaries;
any convictions of crimes during the past ten years; and a
list of all individuals who are or who have been selected to
become directors or executive officers of the person, or who
perform or will perform functions appropriate to those
positions. The list must include for each such individual the
information required by (a)(i) of this subsection.
(b) The source, nature, and amount of the consideration
used or to be used in effecting the merger or other acquisition of control, a description of any transaction in which
funds were or are to be obtained for any such purpose, including a pledge of the insurer’s stock, or the stock of any
of its subsidiaries or controlling affiliates, and the identity of
persons furnishing the consideration. However, where a
source of the consideration is a loan made in the lender’s
ordinary course of business, the identity of the lender must
remain confidential if the person filing the statement so
requests.
(c) Fully audited financial information as to the earnings
and financial condition of each acquiring party for the
preceding five fiscal years of each acquiring party, or for
such lesser period as the acquiring party and any prede[Title 48 RCW—page 194]
cessors have been in existence, and similar unaudited
information as of a date not earlier than ninety days before
the filing of the statement.
(d) Any plans or proposals that each acquiring party
may have to liquidate the insurer, to sell its assets or merge
or consolidate it with any person, or to make any other
material change in its business or corporate structure or
management.
(e) The number of shares of any security referred to in
subsection (1) of this section that each acquiring party
proposes to acquire, the terms of the offer, request, invitation, agreement, or acquisition referred to in subsection (1)
of this section, and a statement as to the method by which
the fairness of the proposal was arrived at.
(f) The amount of each class of any security referred to
in subsection (1) of this section that is beneficially owned or
concerning which there is a right to acquire beneficial
ownership by each acquiring party.
(g) A full description of any contracts, arrangements, or
understandings with respect to any security referred to in
subsection (1) of this section in which an acquiring party is
involved, including but not limited to transfer of any of the
securities, joint ventures, loan or option arrangements, puts
or calls, guarantees of loans, guarantees against loss or
guarantees of profits, division of losses or profits, or the
giving or withholding of proxies. The description must
identify the persons with whom the contracts, arrangements,
or understandings have been entered into.
(h) A description of the purchase of any security
referred to in subsection (1) of this section during the twelve
calendar months before the filing of the statement, by an
acquiring party, including the dates of purchase, names of
the purchasers, and consideration paid or agreed to be paid
for the security.
(i) A description of any recommendations to purchase
any security referred to in subsection (1) of this section
made during the twelve calendar months before the filing of
the statement, by an acquiring party, or by anyone based
upon interviews or at the suggestion of the acquiring party.
(j) Copies of all tender offers for, requests or invitations
for tenders of, exchange offers for, and agreements to
acquire or exchange any securities referred to in subsection
(1) of this section, and, if distributed, of additional soliciting
material relating to the securities.
(k) The term of an agreement, contract, or understanding
made with or proposed to be made with a broker-dealer as
to solicitation or securities referred to in subsection (1) of
this section for tender, and the amount of fees, commissions,
or other compensation to be paid to broker-dealers with
regard to the securities.
(l) Such additional information as the commissioner may
prescribe by rule as necessary or appropriate for the protection of policyholders of the insurer or in the public interest.
If the person required to file the statement referred to in
subsection (1) of this section is a partnership, limited
partnership, syndicate, or other group, the commissioner may
require that the information called for by (a) through (l) of
this subsection shall be given with respect to each partner of
the partnership or limited partnership, each member of the
syndicate or group, and each person who controls a partner
or member. If a partner, member, or person is a corporation,
or the person required to file the statement referred to in
(2002 Ed.)
Insurer Holding Company Act
subsection (1) of this section is a corporation, the commissioner may require that the information called for by (a)
through (l) of this subsection shall be given with respect to
the corporation, each officer and director of the corporation,
and each person who is directly or indirectly the beneficial
owner of more than ten percent of the outstanding voting
securities of the corporation.
If a material change occurs in the facts set forth in the
statement filed with the commissioner and sent to the insurer
under this section, an amendment setting forth the change,
together with copies of all documents and other material
relevant to the change, must be filed with the commissioner
and sent to the insurer within two business days after the
person learns of the change.
(3) If an offer, request, invitation, agreement, or acquisition referred to in subsection (1) of this section is proposed
to be made by means of a registration statement under the
Securities Act of 1933 or in circumstances requiring the
disclosure of similar information under the Securities
Exchange Act of 1934, or under a state law requiring similar
registration or disclosure, the person required to file the
statement referred to in subsection (1) of this section may
use those documents in furnishing the information called for
by that statement.
(4)(a) The commissioner shall approve a merger or other
acquisition of control referred to in subsection (1) of this
section unless, after a public hearing thereon, he or she finds
that:
(i) After the change of control, the domestic insurer
referred to in subsection (1) of this section would not be able
to satisfy the requirements for the issuance of a license to
write the line or lines of insurance for which it is presently
licensed;
(ii) The effect of the merger or other acquisition of
control would be substantially to lessen competition in
insurance in this state or tend to create a monopoly therein.
In applying the competitive standard in (a)(ii) of this
subsection:
(A) The informational requirements of RCW
48.31B.020(3)(a) and the standards of RCW
48.31B.020(4)(b) apply;
(B) The commissioner may not disapprove the merger
or other acquisition if the commissioner finds that any of the
situations meeting the criteria provided by RCW
48.31B.020(4)(c) exist; and
(C) The commissioner may condition the approval of
the merger or other acquisition on the removal of the basis
of disapproval within a specified period of time;
(iii) The financial condition of an acquiring party is
such as might jeopardize the financial stability of the insurer,
or prejudice the interest of its policyholders;
(iv) The plans or proposals that the acquiring party has
to liquidate the insurer, sell its assets, consolidate or merge
it with any person, or to make any other material change in
its business or corporate structure or management, are unfair
and unreasonable to policyholders of the insurer and not in
the public interest;
(v) The competence, experience, and integrity of those
persons who would control the operation of the insurer are
such that it would not be in the interest of policyholders of
the insurer and of the public to permit the merger or other
acquisition of control; or
(2002 Ed.)
48.31B.015
(vi) The acquisition is likely to be hazardous or prejudicial to the insurance-buying public.
(b) The commissioner shall approve an exchange or
other acquisition of control referred to in this section within
sixty days after he or she declares the statement filed under
this section to be complete and after holding a public
hearing. At the hearing, the person filing the statement, the
insurer, and any person whose significant interest is determined by the commissioner to be affected may present
evidence, examine and cross-examine witnesses, and offer
oral and written arguments and in connection therewith may
conduct discovery proceedings in the same manner as is
allowed in the superior court of this state. All discovery
proceedings must be concluded not later than three days
before the commencement of the public hearing.
(c) The commissioner may retain at the acquiring
person’s expense any attorneys, actuaries, accountants, and
other experts not otherwise a part of the commissioner’s staff
as may be reasonably necessary to assist the commissioner
in reviewing the proposed acquisition of control. All
reasonable costs of a hearing held under this section, as
determined by the commissioner, including costs associated
with the commissioner’s use of investigatory, professional,
and other necessary personnel, mailing of required notices
and other information, and use of equipment or facilities,
must be paid before issuance of the commissioner’s order by
the acquiring person.
(5) This section does not apply to:
(a) A transaction that is subject to RCW 48.31.010,
dealing with the merger or consolidation of two or more
insurers;
(b) An offer, request, invitation, agreement, or acquisition that the commissioner by order has exempted from this
section as: (i) Not having been made or entered into for the
purpose and not having the effect of changing or influencing
the control of a domestic insurer, or (ii) otherwise not comprehended within the purposes of this section.
(6) The following are violations of this section:
(a) The failure to file a statement, amendment, or other
material required to be filed under subsection (1) or (2) of
this section; or
(b) The effectuation or an attempt to effectuate an
acquisition of control of, or merger with, a domestic insurer
unless the commissioner has given approval thereto.
(7) The courts of this state have jurisdiction over every
person not resident, domiciled, or authorized to do business
in this state who files a statement with the commissioner
under this section, and over all actions involving that person
arising out of violations of this section, and each such person
is deemed to have performed acts equivalent to and constituting an appointment by that person of the commissioner to
be the person’s true and lawful attorney upon whom may be
served all lawful process in an action, suit, or proceeding
arising out of violations of this section. Copies of all such
lawful process shall be served on the commissioner and
transmitted by registered or certified mail by the commissioner to such person at the person’s last known address.
[1993 c 462 § 4.]
48.31B.020 Acquisition of insurer—Change in
control—Definitions—Exemptions—Competition—
[Title 48 RCW—page 195]
48.31B.020
Title 48 RCW: Insurance
Preacquisition notification—Violations—Penalties. (1)
The definitions in this subsection apply only for the purposes
of this section.
(a) "Acquisition" means an agreement, arrangement, or
activity, the consummation of which results in a person
acquiring directly or indirectly the control of another person,
and includes but is not limited to the acquisition of voting
securities, the acquisition of assets, bulk reinsurance, and
mergers.
(b) An "involved insurer" includes an insurer which
either acquires or is acquired, is affiliated with an acquirer
or acquired, or is the result of a merger.
(2)(a) Except as exempted in (b) of this subsection, this
section applies to any acquisition in which there is a change
in control of an insurer authorized to do business in this
state.
(b) This section does not apply to the following:
(i) An acquisition subject to approval or disapproval by
the commissioner under RCW 48.31B.015;
(ii) A purchase of securities solely for investment
purposes so long as the securities are not used by voting or
otherwise to cause or attempt to cause the substantial
lessening of competition in any insurance market in this
state. If a purchase of securities results in a presumption of
control under RCW 48.31B.005(2), it is not solely for
investment purposes unless the commissioner of the insurer’s
state of domicile accepts a disclaimer of control or affirmatively finds that control does not exist and the disclaimer
action or affirmative finding is communicated by the
domiciliary commissioner to the commissioner of this state;
(iii) The acquisition of a person by another person when
neither person is directly nor through affiliates primarily
engaged in the business of insurance, if preacquisition
notification is filed with the commissioner in accordance
with subsection (3)(a) of this section sixty days before the
proposed effective date of the acquisition. However,
preacquisition notification is not required for exclusion from
this section if the acquisition would otherwise be excluded
from this section by this subsection (2)(b);
(iv) The acquisition of already affiliated persons;
(v) An acquisition if, as an immediate result of the
acquisition:
(A) In no market would the combined market share of
the involved insurers exceed five percent of the total market;
(B) There would be no increase in any market share; or
(C) In no market would:
(I) The combined market share of the involved insurers
exceed twelve percent of the total market; and
(II) The market share increase by more than two percent
of the total market.
For the purpose of (b)(v) of this subsection, a "market"
means direct written insurance premium in this state for a
line of business as contained in the annual statement required
to be filed by insurers licensed to do business in this state;
(vi) An acquisition for which a preacquisition notification would be required under this section due solely to the
resulting effect on the ocean marine insurance line of
business;
(vii) An acquisition of an insurer whose domiciliary
commissioner affirmatively finds: That the insurer is in
failing condition; there is a lack of feasible alternative to
improving such condition; and the public benefits of improv[Title 48 RCW—page 196]
ing the insurer’s condition through the acquisition exceed the
public benefits that would arise from not lessening competition; and the findings are communicated by the domiciliary
commissioner to the commissioner of this state.
(3) An acquisition covered by subsection (2) of this
section may be subject to an order under subsection (5) of
this section unless the acquiring person files a preacquisition
notification and the waiting period has expired. The acquired person may file a preacquisition notification.
(a) The preacquisition notification must be in such form
and contain such information as prescribed by the commissioner relating to those markets that, under subsection
(2)(b)(v) of this section, cause the acquisition not to be
exempted from this section. The commissioner may require
such additional material and information as he or she deems
necessary to determine whether the proposed acquisition, if
consummated, would violate the competitive standard of
subsection (4) of this section. The required information may
include an opinion of an economist as to the competitive
impact of the acquisition in this state accompanied by a
summary of the education and experience of the person
indicating his or her ability to render an informed opinion.
(b) The waiting period required begins on the date the
commissioner declares the preacquisition notification to be
complete and ends on the earlier of the sixtieth day after the
date of the declaration or the termination of the waiting
period by the commissioner. Before the end of the waiting
period, the commissioner may require the submission of
additional needed information relevant to the proposed
acquisition. If additional information is required, the waiting
period ends on the earlier of the sixtieth day after the
commissioner declares he or she has received the additional
information or the termination of the waiting period by the
commissioner.
(4)(a) The commissioner may enter an order under
subsection (5)(a) of this section with respect to an acquisition if there is substantial evidence that the effect of the
acquisition may be substantially to lessen competition in a
line of insurance in this state or tend to create a monopoly
therein or if the insurer fails to file adequate information in
compliance with subsection (3) of this section.
(b) In determining whether a proposed acquisition would
violate the competitive standard of (a) of this subsection, the
commissioner shall consider the following:
(i) An acquisition covered under subsection (2) of this
section involving two or more insurers competing in the
same market is prima facie evidence of violation of the
competitive standards:
(A) If the market is highly concentrated and the involved insurers possess the following shares of the market:
Insurer A
Insurer B
4%
10%
15%
4% or more
2% or more
1% or more; or
(B) If the market is not highly concentrated and the
involved insurers possess the following shares of the market:
Insurer A
Insurer B
5%
10%
5% or more
4% or more
(2002 Ed.)
Insurer Holding Company Act
15%
19%
3% or more
1% or more
A highly concentrated market is one in which the share
of the four largest insurers is seventy-five percent or more
of the market. Percentages not shown in the tables are
interpolated proportionately to the percentages that are
shown. If more than two insurers are involved, exceeding
the total of the two columns in the table is prima facie
evidence of violation of the competitive standard in (a) of
this subsection. For the purpose of (b)(i) of this subsection,
the insurer with the largest share of the market is Insurer A.
(ii) There is a significant trend toward increased
concentration when the aggregate market share of a grouping
of the largest insurers in the market, from the two largest to
the eight largest, has increased by seven percent or more of
the market over a period of time extending from a base year
five to ten years before the acquisition up to the time of the
acquisition. An acquisition or merger covered under
subsection (2) of this section involving two or more insurers
competing in the same market is prima facie evidence of
violation of the competitive standard in (a) of this subsection
if:
(A) There is a significant trend toward increased
concentration in the market;
(B) One of the insurers involved is one of the insurers
in a grouping of such large insurers showing the requisite
increase in the market share; and
(C) Another involved insurer’s market is two percent or
more.
(iii) For the purposes of (b) of this subsection:
(A) The term "insurer" includes a company or group of
companies under common management, ownership, or
control;
(B) The term "market" means the relevant product and
geographical markets. In determining the relevant product
and geographical markets, the commissioner shall give due
consideration to, among other things, the definitions or
guidelines, if any, adopted by the National Association of
Insurance Commissioners and to information, if any, submitted by parties to the acquisition. In the absence of sufficient
information to the contrary, the relevant product market is
assumed to be the direct written insurance premium for a
line of business, such line being that used in the annual
statement required to be filed by insurers doing business in
this state, and the relevant geographical market is assumed
to be this state;
(C) The burden of showing prima facie evidence of
violation of the competitive standard rests upon the commissioner.
(iv) Even though an acquisition is not prima facie
violative of the competitive standard under (b)(i) and (ii) of
this subsection, the commissioner may establish the requisite
anticompetitive effect based upon other substantial evidence.
Even though an acquisition is prima facie violative of the
competitive standard under (b)(i) and (ii) of this subsection,
a party may establish the absence of the requisite
anticompetitive effect based upon other substantial evidence.
Relevant factors in making a determination under (b)(iv) of
this subsection include, but are not limited to, the following:
Market shares, volatility of ranking of market leaders,
(2002 Ed.)
48.31B.020
number of competitors, concentration, trend of concentration
in the industry, and ease of entry and exit into the market.
(c) An order may not be entered under subsection (5)(a)
of this section if:
(i) The acquisition will yield substantial economies of
scale or economies in resource use that cannot be feasibly
achieved in any other way, and the public benefits that
would arise from the economies exceed the public benefits
that would arise from not lessening competition; or
(ii) The acquisition will substantially increase the availability of insurance, and the public benefits of the increase
exceed the public benefits that would arise from not lessening competition.
(5)(a)(i) If an acquisition violates the standards of this
section, the commissioner may enter an order:
(A) Requiring an involved insurer to cease and desist
from doing business in this state with respect to the line or
lines of insurance involved in the violation; or
(B) Denying the application of an acquired or acquiring
insurer for a license to do business in this state.
(ii) The commissioner may not enter the order unless:
(A) There is a hearing; (B) notice of the hearing is issued
before the end of the waiting period and not less than fifteen
days before the hearing; and (C) the hearing is concluded
and the order is issued no later than sixty days after the end
of the waiting period. Every order must be accompanied by
a written decision of the commissioner setting forth his or
her findings of fact and conclusions of law.
(iii) An order entered under (a) of this subsection may
not become final earlier than thirty days after it is issued,
during which time the involved insurer may submit a plan to
remedy the anticompetitive impact of the acquisition within
a reasonable time. Based upon the plan or other information, the commissioner shall specify the conditions, if any,
under the time period during which the aspects of the
acquisition causing a violation of the standards of this
section would be remedied and the order vacated or modified.
(iv) An order pursuant to (a) of this subsection does not
apply if the acquisition is not consummated.
(b) A person who violates a cease and desist order of
the commissioner under (a) of this subsection and while the
order is in effect, may, after notice and hearing and upon
order of the commissioner, be subject at the discretion of the
commissioner to one or more of the following:
(i) A monetary penalty of not more than ten thousand
dollars for every day of violation; or
(ii) Suspension or revocation of the person’s license; or
(iii) Both (b)(i) and (b)(ii) of this subsection.
(c) An insurer or other person who fails to make a filing
required by this section and who also fails to demonstrate a
good faith effort to comply with the filing requirement, is
subject to a civil penalty of not more than fifty thousand
dollars.
(6) RCW 48.31B.045 (2) and (3) and 48.31B.050 do not
apply to acquisitions covered under subsection (2) of this
section. [1993 c 462 § 5.]
48.31B.025 Registration with commissioner—
Information required—Rule making—Disclaimer of
affiliation—Failure to file. (1) Every insurer authorized to
[Title 48 RCW—page 197]
48.31B.025
Title 48 RCW: Insurance
do business in this state that is a member of an insurance
holding company system shall register with the commissioner, except a foreign insurer subject to registration requirements and standards adopted by statute or regulation in the
jurisdiction of its domicile that are substantially similar to
those contained in:
(a) This section;
(b) RCW 48.31B.030 (1)(a), (2), and (3); and
(c) Either RCW 48.31B.030(1)(b) or a provision such as
the following: Each registered insurer shall keep current the
information required to be disclosed in its registration
statement by reporting all material changes or additions
within fifteen days after the end of the month in which it
learns of each change or addition.
An insurer subject to registration under this section shall
register within fifteen days after it becomes subject to
registration, and annually thereafter by May 15th of each
year for the previous calendar year, unless the commissioner
for good cause shown extends the time for registration, and
then within the extended time. The commissioner may
require an insurer authorized to do business in the state that
is a member of a holding company system, but that is not
subject to registration under this section, to furnish a copy of
the registration statement, the summary specified in subsection (3) of this section, or other information filed by the
insurance company with the insurance regulatory authority
of its domiciliary jurisdiction.
(2) An insurer subject to registration shall file the registration statement on a form prescribed by the commissioner,
containing the following current information:
(a) The capital structure, general financial condition,
ownership, and management of the insurer and any person
controlling the insurer;
(b) The identity and relationship of every member of the
insurance holding company system;
(c) The following agreements in force, and transactions
currently outstanding or that have occurred during the last
calendar year between the insurer and its affiliates:
(i) Loans, other investments, or purchases, sales, or
exchanges of securities of the affiliates by the insurer or of
the insurer by its affiliates;
(ii) Purchases, sales, or exchange of assets;
(iii) Transactions not in the ordinary course of business;
(iv) Guarantees or undertakings for the benefit of an
affiliate that result in an actual contingent exposure of the
insurer’s assets to liability, other than insurance contracts
entered into in the ordinary course of the insurer’s business;
(v) All management agreements, service contracts, and
cost-sharing arrangements;
(vi) Reinsurance agreements;
(vii) Dividends and other distributions to shareholders;
and
(viii) Consolidated tax allocation agreements;
(d) Any pledge of the insurer’s stock, including stock of
subsidiary or controlling affiliate, for a loan made to a
member of the insurance holding company system;
(e) Other matters concerning transactions between
registered insurers and affiliates as may be included from
time to time in registration forms adopted or approved by the
commissioner.
[Title 48 RCW—page 198]
(3) Registration statements must contain a summary
outlining all items in the current registration statement
representing changes from the prior registration statement.
(4) No information need be disclosed on the registration
statement filed under subsection (2) of this section if the
information is not material for the purposes of this section.
Unless the commissioner by rule or order provides otherwise, sales, purchases, exchanges, loans or extensions of
credit, investments, or guarantees involving one-half of one
percent or less of an insurer’s admitted assets as of the 31st
day of the previous December are not material for purposes
of this section.
(5)(a) Subject to RCW 48.31B.030(2), each registered
insurer shall report to the commissioner all dividends and
other distributions to shareholders within five business days
after their declaration and at least fifteen business days
before payment, and shall provide the commissioner such
other information as may be required by rule.
(b) If the commissioner determines that a registered
insurer’s surplus as regards policyholders is not reasonable
in relation to the insurer’s outstanding liabilities and adequate to its financial needs, the commissioner may order the
registered insurance company to limit or discontinue the
payment of stockholder dividends until such time as the
surplus is adequate.
(6) A person within an insurance holding company
system subject to registration shall provide complete and
accurate information to an insurer, where the information is
reasonably necessary to enable the insurer to comply with
this chapter.
(7) The commissioner shall terminate the registration of
an insurer that demonstrates that it no longer is a member of
an insurance holding company system.
(8) The commissioner may require or allow two or more
affiliated insurers subject to registration under this section to
file a consolidated registration statement.
(9) The commissioner may allow an insurer authorized
to do business in this state and part of an insurance holding
company system to register on behalf of an affiliated insurer
that is required to register under subsection (1) of this
section and to file all information and material required to be
filed under this section.
(10) This section does not apply to an insurer, information, or transaction if and to the extent that the commissioner
by rule or order exempts the insurer, information, or transaction from this section.
(11) A person may file with the commissioner a
disclaimer of affiliation with an authorized insurer, or an
insurer or a member of an insurance holding company
system may file the disclaimer. The person making such a
filing with the commissioner shall at the same time deliver
a complete copy of the filing to each domestic insurer which
is the subject of such filing. The disclaimer must fully
disclose all material relationships and bases for affiliation
between the person and the insurer as well as the basis for
disclaiming the affiliation. After a disclaimer has been filed,
the insurer is relieved of any duty to register or report under
this section that may arise out of the insurer’s relationship
with the person unless and until the commissioner disallows
the disclaimer. The commissioner shall disallow the
disclaimer only after furnishing all parties in interest with
(2002 Ed.)
Insurer Holding Company Act
notice and opportunity to be heard and after making specific
findings of fact to support the disallowance.
(12) Failure to file a registration statement or a summary of the registration statement required by this section
within the time specified for the filing is a violation of this
section. [2000 c 214 § 1; 1993 c 462 § 6.]
48.31B.030 Insurer subject to registration—
Standards for transactions within a holding company
system—Extraordinary dividends or distributions—
Insurer’s surplus. (1)(a) Transactions within a holding
company system to which an insurer subject to registration
is a party are subject to the following standards:
(i) The terms must be fair and reasonable;
(ii) Charges or fees for services performed must be fair
and reasonable;
(iii) Expenses incurred and payment received must be
allocated to the insurer in conformity with customary
insurance accounting practices consistently applied;
(iv) The books, accounts, and records of each party to
all such transactions must be so maintained as to clearly and
accurately disclose the nature and details of the transactions,
including such accounting information as is necessary to
support the reasonableness of the charges or fees to the respective parties; and
(v) The insurer’s surplus regarding policyholders after
dividends or distributions to shareholders or affiliates must
be reasonable in relation to the insurer’s outstanding liabilities and adequate to its financial needs.
(b) The following transactions involving a domestic
insurer and a person in its holding company system may not
be entered into unless the insurer has notified the commissioner in writing of its intention to enter into the transaction and the commissioner declares the notice to be sufficient
at least sixty days before, or such shorter period as the
commissioner may permit, and the commissioner has not
disapproved it within that period:
(i) Sales, purchases, exchanges, loans or extensions of
credit, guarantees, or investments if the transactions are
equal to or exceed: (A) With respect to nonlife insurers, the
lesser of three percent of the insurer’s admitted assets or
twenty-five percent of surplus as regards policyholders; (B)
with respect to life insurers, three percent of the insurer’s
admitted assets; each as of the 31st day of the previous
December;
(ii) Loans or extensions of credit to any person who is
not an affiliate, where the insurer makes the loans or
extensions of credit with the agreement or understanding that
the proceeds of the transactions, in whole or in substantial
part, are to be used to make loans or extensions of credit to,
to purchase assets of, or to make investments in, an affiliate
of the insurer making the loans or extensions of credit if the
transactions are equal to or exceed: (A) With respect to
nonlife insurers, the lesser of three percent of the insurer’s
admitted assets or twenty-five percent of surplus as regards
policyholders; (B) with respect to life insurers, three percent
of the insurer’s admitted assets; each as of the 31st day of
the previous December;
(iii) Reinsurance agreements or modifications to them in
which the reinsurance premium or a change in the insurer’s
liabilities equals or exceeds five percent of the insurer’s
(2002 Ed.)
48.31B.025
surplus as regards policyholders, as of the 31st day of the
previous December, including those agreements that may
require as consideration the transfer of assets from an insurer
to a nonaffiliate, if an agreement or understanding exists
between the insurer and nonaffiliate that any portion of the
assets will be transferred to one or more affiliates of the
insurer;
(iv) Management agreements, service contracts, and
cost-sharing arrangements; and
(v) Material transactions, specified by rule, that the
commissioner determines may adversely affect the interests
of the insurer’s policyholders.
Nothing contained in this section authorizes or permits
a transaction that, in the case of an insurer not a member of
the same holding company system, would be otherwise
contrary to law.
(c) A domestic insurer may not enter into transactions
that are part of a plan or series of like transactions with
persons within the holding company system if the purpose of
those separate transactions is to avoid the statutory threshold
amount and thus avoid the review that would occur otherwise. If the commissioner determines that the separate
transactions were entered into over a twelve-month period
for that purpose, the commissioner may apply for an order
as described in RCW 48.31B.045(1).
(d) The commissioner, in reviewing transactions under
(b) of this subsection, shall consider whether the transactions
comply with the standards set forth in (a) of this subsection
and whether they may adversely affect the interests of
policyholders.
(e) The commissioner shall be notified within thirty
days of an investment of the domestic insurer in any one
corporation if the total investment in the corporation by the
insurance holding company system exceeds ten percent of
the corporation’s voting securities.
(2)(a) No domestic insurer may pay an extraordinary
dividend or make any other extraordinary distribution to its
shareholders until: (i) Thirty days after the commissioner
declares that he or she has received sufficient notice of the
declaration thereof and has not within that period disapproved the payment; or (ii) the commissioner has approved
the payment within the thirty-day period.
(b) For purposes of this section, an extraordinary
dividend or distribution is a dividend or distribution of cash
or other property whose fair market value, together with that
of other dividends or distributions made within the period of
twelve consecutive months ending on the date on which the
proposed dividend is scheduled for payment or distribution,
exceeds the greater of: (i) Ten percent of the company’s
surplus as regards policyholders as of the 31st day of the
previous December; or (ii) the net gain from operations of
the company if the company is a life insurance company, or
the net income if the company is not a life insurance
company, for the twelve month period ending the 31st day
of the previous December, but does not include pro rata
distributions of any class of the company’s own securities.
(c) Notwithstanding any other provision of law, an
insurer may declare an extraordinary dividend or distribution
that is conditional upon the commissioner’s approval. The
declaration confers no rights upon shareholders until: (i)
The commissioner has approved the payment of the dividend
or distribution; or (ii) the commissioner has not disapproved
[Title 48 RCW—page 199]
48.31B.030
Title 48 RCW: Insurance
the payment within the thirty-day period referred to in (a) of
this subsection.
(3) For purposes of this chapter, in determining whether
an insurer’s surplus as regards policyholders is reasonable in
relation to the insurer’s outstanding liabilities and adequate
to its financial needs, the following factors, among others,
may be considered:
(a) The size of the insurer as measured by its assets,
capital and surplus, reserves, premium writings, insurance in
force, and other appropriate criteria;
(b) The extent to which the insurer’s business is
diversified among the several lines of insurance;
(c) The number and size of risks insured in each line of
business;
(d) The extent of the geographical dispersion of the
insurer’s insured risks;
(e) The nature and extent of the insurer’s reinsurance
program;
(f) The quality, diversification, and liquidity of the
insurer’s investment portfolio;
(g) The recent past and projected future trend in the size
of the insurer’s surplus as regards policyholders;
(h) The surplus as regards policyholders maintained by
other comparable insurers;
(i) The adequacy of the insurer’s reserves;
(j) The quality and liquidity of investments in affiliates.
The commissioner may discount any such investment or may
treat any such investment as a disallowed asset for purposes
of determining the adequacy of surplus as regards policyholders whenever in his or her judgment the investment so
warrants; and
(k) The quality of the insurer’s earnings and the extent
to which the reported earnings include extraordinary items.
[1993 c 462 § 7.]
48.31B.035 Examination of insurers—Commissioner
may order production of information—Failure to comply—Costs of examination. (1) Subject to the limitation
contained in this section and in addition to the powers that
the commissioner has under chapter 48.03 RCW relating to
the examination of insurers, the commissioner also may
order an insurer registered under RCW 48.31B.025 to
produce such records, books, or other information papers in
the possession of the insurer or its affiliates as are reasonably necessary to ascertain the financial condition of the
insurer or to determine compliance with this title. If the
insurer fails to comply with the order, the commissioner may
examine the affiliates to obtain the information.
(2) The commissioner may retain at the registered
insurer’s expense such attorneys, actuaries, accountants, and
other experts not otherwise a part of the commissioner’s staff
as are reasonably necessary to assist in the conduct of the
examination under subsection (1) of this section. Persons so
retained are under the direction and control of the commissioner and shall act in a purely advisory capacity.
(3) Each registered insurer producing for examination
records, books, and papers under subsection (1) of this
section are liable for and shall pay the expense of the
examination in accordance with RCW 48.03.060. [1993 c
462 § 8.]
[Title 48 RCW—page 200]
48.31B.040 Rule making. The commissioner may,
upon notice and opportunity for all interested persons to be
heard, adopt rules and issue orders that are necessary to
carry out this chapter. [1993 c 462 § 9.]
48.31B.045 Violations of chapter—Commissioner
may seek superior court order. (1) Whenever it appears
to the commissioner that an insurer or a director, officer,
employee, or agent of the insurer has committed or is about
to commit a violation of this chapter or any rule or order of
the commissioner under this chapter, the commissioner may
apply to the superior court for Thurston county or to the
court for the county in which the principal office of the
insurer is located for an order enjoining the insurer or the
director, officer, employee, or agent from violating or
continuing to violate this chapter or any such rule or order,
and for such other equitable relief as the nature of the case
and the interest of the insurer’s policyholders, creditors, and
shareholders or the public may require.
(2) No security that is the subject of an agreement or
arrangement regarding acquisition, or that is acquired or to
be acquired, in contravention of this chapter or of a rule or
order of the commissioner under this chapter may be voted
at a shareholders’ meeting, or may be counted for quorum
purposes. Any action of shareholders requiring the affirmative vote of a percentage of shares may be taken as though
the securities were not issued and outstanding, but no action
taken at any such meeting may be invalidated by the voting
of the securities, unless the action would materially affect
control of the insurer or unless the courts of this state have
so ordered. If an insurer or the commissioner has reason to
believe that a security of the insurer has been or is about to
be acquired in contravention of this chapter or of a rule or
order of the commissioner under this chapter, the insurer or
the commissioner may apply to the superior court for
Thurston county or to the court for the county in which the
insurer has its principal place of business to enjoin an offer,
request, invitation, agreement, or acquisition made in
contravention of RCW 48.31B.015 or a rule or order of the
commissioner under that section to enjoin the voting of a
security so acquired, to void a vote of the security already
cast at a meeting of shareholders, and for such other relief
as the nature of the case and the interest of the insurer’s
policyholders, creditors, and shareholders or the public may
require.
(3) If a person has acquired or is proposing to acquire
voting securities in violation of this chapter or a rule or
order of the commissioner under this chapter, the superior
court for Thurston county or the court for the county in
which the insurer has its principal place of business may, on
such notice as the court deems appropriate, upon the
application of the insurer or the commissioner seize or
sequester voting securities of the insurer owned directly or
indirectly by the person, and issue such order with respect to
the securities as may be appropriate to carry out this chapter.
Notwithstanding any other provisions of law, for the
purposes of this chapter, the situs of the ownership of the
securities of domestic insurers is in this state. [1993 c 462
§ 10.]
(2002 Ed.)
Insurer Holding Company Act
48.31B.050 Violations of chapter—Penalties—Civil
forfeitures—Orders—Referral to prosecuting attorney—
Imprisonment. (1) The commissioner shall require, after
notice and hearing, an insurer failing, without just cause, to
file a registration statement as required in this chapter, to
pay a penalty of not more than ten thousand dollars per day.
The maximum penalty under this section is one million
dollars. The commissioner may reduce the penalty if the insurer demonstrates to the commissioner that the imposition
of the penalty would constitute a financial hardship to the
insurer. The commissioner shall pay a fine collected under
this section to the state treasurer for the account of the
general fund.
(2) Every director or officer of an insurance holding
company system who knowingly violates this chapter, or
participates in, or assents to, or who knowingly permits an
officer or agent of the insurer to engage in transactions or
make investments that have not been properly reported or
submitted under RCW 48.31B.025(1) or 48.31B.030(1)(b) or
(2), or that violate this chapter, shall pay, in their individual
capacity, a civil forfeiture of not more than ten thousand
dollars per violation, after notice and hearing before the
commissioner. In determining the amount of the civil
forfeiture, the commissioner shall take into account the
appropriateness of the forfeiture with respect to the gravity
of the violation, the history of previous violations, and such
other matters as justice may require.
(3) Whenever it appears to the commissioner that an
insurer subject to this chapter or a director, officer, employee, or agent of the insurer has engaged in a transaction or
entered into a contract that is subject to RCW 48.31B.030
and that would not have been approved had approval been
requested, the commissioner may order the insurer to cease
and desist immediately any further activity under that
transaction or contract. After notice and hearing the commissioner may also order the insurer to void any such
contracts and restore the status quo if that action is in the
best interest of the policyholders, creditors, or the public.
(4) Whenever it appears to the commissioner that an
insurer or a director, officer, employee, or agent of the
insurer has committed a willful violation of this chapter, the
commissioner may refer the matter to the prosecuting
attorney of Thurston county or the county in which the
principal office of the insurer is located. An insurer that
willfully violates this chapter may be fined not more than
one million dollars. Any individual who willfully violates
this chapter may be fined in his or her individual capacity
not more than ten thousand dollars, or be imprisoned for not
more than three years, or both.
(5) An officer, director, or employee of an insurance
holding company system who willfully and knowingly
subscribes to or makes or causes to be made a false statement or false report or false filing with the intent to deceive
the commissioner in the performance of his or her duties
under this chapter, upon conviction thereof, shall be imprisoned for not more than three years or fined not more than
ten thousand dollars or both. The officer, director, or
employee upon whom the fine is imposed shall pay the fine
in his or her individual capacity. [1993 c 462 § 11.]
(2002 Ed.)
48.31B.050
48.31B.055 Violations of chapter—Impairment of
financial condition—Commissioner may take possession.
Whenever it appears to the commissioner that a person has
committed a violation of this chapter that so impairs the
financial condition of a domestic insurer as to threaten
insolvency or make the further transaction of business by it
hazardous to its policyholders, creditors, shareholders, or the
public, the commissioner may proceed as provided in RCW
48.31.030 and 48.31.040 to take possession of the property
of the domestic insurer and to conduct the business of the
insurer. [1993 c 462 § 12.]
48.31B.060 Order for liquidation or rehabilitation—
Recovery of distributions or payments—Personal liability—Maximum amount recoverable. (1) If an order for
liquidation or rehabilitation of a domestic insurer has been
entered, the receiver appointed under the order may recover
on behalf of the insurer: (a) From a parent corporation or
holding company or person or affiliate who otherwise controlled the insurer, the amount of distributions, other than
distributions of shares of the same class of stock, paid by the
insurer on its capital stock; or (b) a payment in the form of
a bonus, termination settlement, or extraordinary lump sum
salary adjustment made by the insurer or its subsidiary to a
director, officer, or employee, where the distribution or
payment under (a) or (b) of this subsection is made at any
time during the one year before the petition for liquidation,
conservation, or rehabilitation, as the case may be, subject to
the limitations of subsections (2), (3), and (4) of this section.
(2) No such distribution is recoverable if it is shown
that when paid, the distribution was lawful and reasonable,
and that the insurer did not know and could not reasonably
have known that the distribution might adversely affect the
ability of the insurer to fulfill its contractual obligations.
(3) A person who was a parent corporation or holding
company or a person who otherwise controlled the insurer or
affiliate when the distributions were paid is liable up to the
amount of distributions or payments under subsection (1) of
this section the person received. A person who controlled
the insurer at the time the distributions were declared is
liable up to the amount of distributions he or she would have
received if they had been paid immediately. If two or more
persons are liable with respect to the same distributions, they
are jointly and severally liable.
(4) The maximum amount recoverable under this section
is the amount needed in excess of all other available assets
of the impaired or insolvent insurer to pay the contractual
obligations of the impaired or insolvent insurer and to
reimburse any guaranty funds.
(5) To the extent that a person liable under subsection
(3) of this section is insolvent or otherwise fails to pay
claims due from it under those provisions, its parent corporation or holding company or person who otherwise controlled
it at the time the distribution was paid, is jointly and
severally liable for a resulting deficiency in the amount
recovered from the parent corporation or holding company
or person who otherwise controlled it. [1993 c 462 § 13.]
48.31B.065 Violations of chapter—Contrary to
interests of policyholders or the public—Suspension,
revocation, or nonrenewal of license. Whenever it appears
[Title 48 RCW—page 201]
48.31B.065
Title 48 RCW: Insurance
to the commissioner that a person has committed a violation
of this chapter that makes the continued operation of an
insurer contrary to the interests of policyholders or the
public, the commissioner may, after giving notice and an
opportunity to be heard, determine to suspend, revoke, or
refuse to renew the insurer’s license or authority to do
business in this state for such period as he or she finds is
required for the protection of policyholders or the public.
Such a determination must be accompanied by specific
findings of fact and conclusions of law. [1993 c 462 § 14.]
48.31C.110
48.31B.070 Person aggrieved by actions of commissioner. (1) A person aggrieved by an act, determination,
rule, order, or any other action of the commissioner under
this chapter may proceed in accordance with the Administrative Procedure Act, chapter 34.05 RCW.
(2) A person aggrieved by a failure of the commissioner
to act or make a determination required by this chapter may
petition the commissioner under the procedure described in
RCW 34.05.330. [1993 c 462 § 15.]
48.31C.010 Definitions. The definitions in this
section apply throughout this chapter, unless the context
clearly requires otherwise.
(1) "Acquisition" or "acquire" means an agreement,
arrangement, or activity, the consummation of which results
in a person acquiring directly or indirectly the control of
another person, and includes but is not limited to the
acquisition of voting securities, all or substantially all of the
assets, bulk reinsurance, consolidations, affiliations, and
mergers.
(2) "Affiliate" of, or person "affiliated" with, a specific
person, means a person who directly, or indirectly through
one or more intermediaries, controls, or is controlled by, or
is under common control with, the person specified.
(3) "Control," including the terms "controlling," "controlled by," and "under common control with," means the
possession, direct or indirect, of the power to direct or cause
the direction of the management and policies of a person
whether through the ownership of voting securities, voting
rights, by contract other than a commercial contract for
goods, nonmanagement services, a debt obligation which is
not convertible into a right to acquire a voting security, or
otherwise, unless the power is the result of an official
position with or corporate office held by the person.
(a) For a for-profit person, control is presumed to exist
if a person, directly or indirectly, owns, controls, holds with
the power to vote, or holds proxies representing, ten percent
or more of the voting securities of any other person. This
presumption may be rebutted by a showing that control does
not exist in fact. A person may file with the commissioner
a disclaimer of control of a health carrier. The disclaimer
must fully disclose all material relationships and bases for
affiliation between the person and the health carrier as well
as the basis for disclaiming the control. After furnishing all
persons in interest notice and opportunity to be heard and
making specific findings of fact to support such a determination, the commissioner may:
(i) Allow a disclaimer; or
(ii) Disallow a disclaimer notwithstanding the absence
of a presumption to that effect.
(b) For a nonprofit corporation organized under chapters
24.03 and 24.06 RCW, control is presumed to exist if a
person, directly or indirectly, owns, controls, holds with the
power to vote, or holds proxies representing a majority of
voting rights of the person or the power to elect or appoint
a majority of the board of directors, trustees, or other
governing body of the person, unless the power is the result
of an official position of, or corporate office held by, the
person.
48.31B.900 Short title. This chapter may be known
and cited as the Insurer Holding Company Act. [1993 c 462
§ 1.]
48.31B.901 Severability—1993 c 462. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1993 c 462 § 112.]
48.31B.902 Implementation—1993 c 462. The
insurance commissioner may take such steps as are necessary
to ensure that this act is implemented on July 25, 1993.
[1993 c 462 § 106.]
Chapter 48.31C
HOLDING COMPANY ACT FOR HEALTH CARE
SERVICE CONTRACTORS AND HEALTH
MAINTENANCE ORGANIZATIONS
Sections
48.31C.010
48.31C.020
48.31C.030
48.31C.040
48.31C.050
48.31C.060
48.31C.070
48.31C.080
48.31C.090
48.31C.100
Definitions.
Acquisition of a foreign health carrier—Preacquisition
notification—Review.
Acquisition of a domestic health carrier—Filing—
Review—Jurisdiction of courts.
Registration with commissioner—Information required—
Rule making—Disclaimer of affiliation—Failure to file.
Health carrier subject to registration—Standards for transactions within a holding company system—Notice to
commissioner—Review.
Extraordinary dividends or distributions—Restrictions—
Definition of distribution.
Examination of health carriers—Commissioner may order
production of information—Failure to comply—Costs.
Violations of chapter—Commissioner may seek superior
court order.
Violations of chapter—Penalties—Civil forfeitures—
Orders—Referral to prosecuting attorney—
Imprisonment.
Violations of chapter—Impairment of financial condition.
[Title 48 RCW—page 202]
48.31C.120
48.31C.130
48.31C.140
48.31C.150
48.31C.160
48.31C.900
48.31C.901
Order for liquidation or rehabilitation—Recovery of distributions or payments—Liability—Maximum amount
recoverable.
Violations of chapter—Contrary to interests of subscribers
or the public.
Confidential proprietary and trade secret information—
Exempt from public disclosure—Exceptions.
Person aggrieved by actions of commissioner.
Rule making.
Dual holding company system membership.
Severability—2001 c 179.
Effective date—2001 c 179.
(2002 Ed.)
Health Carrier Holding Company Act
(c) Control includes either permanent or temporary
control, or both.
(4) "Domestic health carrier" means a health care
service contractor as defined in RCW 48.44.010, or a health
maintenance organization as defined in RCW 48.46.020, that
is formed under the laws of this state.
(5) "Foreign health carrier" means a health care service
contractor as defined in RCW 48.44.010, or a health maintenance organization as defined in RCW 48.46.020, that is
formed under the laws of the United States, of a state or
territory of the United States other than this state, or the
District of Columbia.
(6) "Health carrier holding company system" means two
or more affiliated persons, one or more of which is a health
care service contractor or health maintenance organization.
(7) "Health coverage business" means the business of a
disability insurer authorized under chapter 48.05 RCW, a
health care service contractor registered under chapter 48.44
RCW, and a health maintenance organization registered
under chapter 48.46 RCW, entering into any policy, contract,
or agreement to arrange, reimburse, or pay for health care
services.
(8) "Involved carrier" means an insurer, health care
service contractor, or health maintenance organization, which
either acquires or is acquired, is affiliated with an acquirer
or acquired, or is the result of a merger.
(9) "Person" means an individual, corporation, partnership, association, joint stock company, limited liability
company, trust, unincorporated organization, similar entity,
or any combination acting in concert, but does not include a
joint venture partnership exclusively engaged in owning,
managing, leasing, or developing real or personal property.
(10) "Security holder" of a specified person means one
who owns a security of that person, including (a) common
stock, (b) preferred stock, (c) debt obligations convertible
into the right to acquire voting securities, and any other
security convertible into or evidencing the right to acquire
(a) through (c) of this subsection.
(11) "Subsidiary" of a specified person means an
affiliate controlled by that person directly or indirectly
through one or more intermediaries.
(12) "Voting security" includes a security convertible
into or evidencing a right to acquire a voting security. [2001
c 179 § 1.]
48.31C.020 Acquisition of a foreign health carrier—
Preacquisition notification—Review. (1) No person may
acquire control of a foreign health carrier registered to do
business in this state unless a preacquisition notification is
filed with the commissioner under this section and the
waiting period has expired. If a preacquisition notification
is not filed with the commissioner an involved carrier may
be subject to an order under subsection (3) of this section.
The acquired person may file a preacquisition notification.
(a) The preacquisition notification must be in the form
and contain the information prescribed by the commissioner.
The commissioner may require additional material and
information necessary to determine whether the proposed
acquisition, if consummated, would have the effect of
substantially lessening competition, or tending to create a
monopoly, in the health coverage business in this state. The
(2002 Ed.)
48.31C.010
required information may include an opinion of an economist
as to the competitive impact of the acquisition in this state
accompanied by a summary of the education and experience
of the person indicating his or her ability to render an
informed opinion.
(b) The waiting period required under this section
begins on the date the commissioner receives the
preacquisition notification and ends on the earlier of the
sixtieth day after the date of the receipt by the commissioner
of the preacquisition notification or the termination of the
waiting period by the commissioner. Before the end of the
waiting period, the commissioner may require the submission
of additional needed information relevant to the proposed
acquisition. If additional information is required, the waiting
period ends on the earlier of the thirtieth day after the
commissioner has received the additional information or the
termination of the waiting period by the commissioner.
(2)(a) The commissioner may enter an order under
subsection (3)(a) of this section with respect to an acquisition if:
(i) The health carrier fails to file adequate information
in compliance with subsection (1)(a) of this section; or
(ii) The antitrust section of the office of the attorney
general and any federal antitrust enforcement agency has
chosen not to undertake a review of the proposed acquisition
and the commissioner pursuant to his or her own review
finds that there is substantial evidence that the effect of the
acquisition may substantially lessen competition or tend to
create a monopoly in the health coverage business.
(b) If the antitrust section of the office of the attorney
general undertakes a review of the proposed transaction then
the attorney general shall seek input from the commissioner
throughout the review.
(c) If the antitrust section of the office of the attorney
general does not undertake a review of the proposed acquisition and the review is being conducted by the commissioner,
then the commissioner shall seek input from the attorney
general throughout the review.
(3)(a)(i) If an acquisition violates the standards of this
section, the commissioner may enter an order:
(A) Requiring an involved carrier to cease and desist
from doing business in this state with respect to business as
a health care service contractor or health maintenance
organization; or
(B) Denying the application of an acquired or acquiring
carrier for a license, certificate of authority, or registration
to do business in this state.
(ii) The commissioner may not enter the order unless:
(A) There is a hearing;
(B) Notice of the hearing is issued before the end of the
waiting period and not less than fifteen days before the
hearing; and
(C) The hearing is concluded and the order is issued no
later than thirty days after the conclusion of the hearing.
Every order must be accompanied by a written decision of
the commissioner setting forth his or her findings of fact and
conclusions of law.
(iii) An order entered under (a) of this subsection may
not become final earlier than thirty days after it is issued,
during which time the involved carrier may submit a plan to
remedy the anticompetitive impact of the acquisition within
a reasonable time. Based upon the plan or other infor[Title 48 RCW—page 203]
48.31C.020
Title 48 RCW: Insurance
mation, the commissioner shall specify the conditions, if any,
under the time period during which the aspects of the
acquisition causing a violation of the standards of this
section would be remedied and the order vacated or modified.
(iv) An order under (a) of this subsection does not apply
if the acquisition is not consummated.
(b) A person who violates a cease and desist order of
the commissioner under (a) of this subsection and while the
order is in effect, may, after notice and hearing and upon
order of the commissioner, be subject at the discretion of the
commissioner to one or more of the following:
(i) A monetary penalty of not more than ten thousand
dollars for every day of violation; or
(ii) Suspension or revocation of the person’s license,
certificate of authority, or registration; or
(iii) Both (b)(i) and (b)(ii) of this subsection.
(c) A carrier or other person who fails to make a filing
required by this section and who also fails to demonstrate a
good faith effort to comply with the filing requirement, is
subject to a civil penalty of not more than fifty thousand
dollars.
(4) An order may not be entered under subsection (3)(a)
of this section if:
(a) The acquisition will yield substantial economies of
scale or economies in resource use that cannot be feasibly
achieved in any other way, and the public benefits that
would arise from the economies exceed the public benefits
that would arise from more competition; or
(b) The acquisition will substantially increase the
availability of health care coverage, and the public benefits
of the increase exceed the public benefits that would arise
from more competition.
(5)(a) RCW 48.31C.080 (2) and (3) and 48.31C.090 do
not apply to acquisitions covered under this section.
(b) This section does not apply to the following:
(i) An acquisition subject to approval or disapproval by
the commissioner under RCW 48.31C.030;
(ii) A purchase of securities solely for investment
purposes so long as the securities are not used by voting or
otherwise to cause or attempt to cause the substantial
lessening of competition in the health coverage business in
this state;
(iii) The acquisition of a person by another person when
neither person is directly, nor through affiliates, primarily engaged in the business of a domestic or foreign health carrier,
if preacquisition notification is filed with the commissioner
in accordance with subsection (1) of this section sixty days
before the proposed effective date of the acquisition.
However, preacquisition notification is not required for
exclusion from this section if the acquisition would otherwise be excluded from this section by this subsection (5)(b);
(iv) The acquisition of already affiliated persons;
(v) An acquisition if, as an immediate result of the
acquisition:
(A) In no market would the combined market share of
the involved carriers exceed five percent of the total market;
(B) There would be no increase in any market share; or
(C) In no market would:
(I) The combined market share of the involved carriers
exceed twelve percent of the total market; and
[Title 48 RCW—page 204]
(II) The market share increase by more than two percent
of the total market.
For the purpose of (b)(v) of this subsection, "market"
means direct written premium in this state for a line of
business as contained in the annual statement required to be
filed by carriers licensed to do business in this state;
(vi) An acquisition of a health carrier whose domiciliary
commissioner affirmatively finds: That the health carrier is
in failing condition; there is a lack of feasible alternatives to
improving such a condition; and the public benefits of
improving the health carrier’s condition through the acquisition exceed the public benefits that would arise from more
competition, and the findings are communicated by the
domiciliary commissioner to the commissioner of this state.
[2001 c 179 § 2.]
48.31C.030 Acquisition of a domestic health carrier—Filing—Review—Jurisdiction of courts. (1) No
person may acquire control of a domestic health carrier
unless the person has filed with the commissioner and has
sent to the health carrier a statement containing the information required by this section and the acquisition has been
approved by the commissioner as prescribed in this section.
(2) The statement to be filed with the commissioner
under this section must be made under oath or affirmation
and must contain the following information:
(a) The name and address of the acquiring party. For
purposes of this section, "acquiring party" means each person
by whom or on whose behalf the acquisition of control under
subsection (1) of this section is to be effected:
(i) If the acquiring party is an individual, his or her
principal occupation and all offices and positions held during
the past five years, and any conviction of crimes other than
minor traffic violations during the past ten years;
(ii) If the acquiring party is not an individual, a report
of the nature of its business operations during the past five
years or for such lesser period as the person and any
predecessors have been in existence; an informative description of the business intended to be done by the person’s
subsidiaries; any convictions of crimes during the past ten
years; and a list of all individuals who are or who have been
selected to become directors, trustees, or executive officers
of the person, or who perform or will perform functions
appropriate to those positions. The list must include for
each such individual the information required by (a)(i) of
this subsection.
(b) The source, nature, and amount of the consideration
used or to be used in effecting the acquisition of control, a
description of any transaction in which funds were or are to
be obtained for any such purpose, including a pledge of
assets, a pledge of the health carrier’s stock, or the stock of
any of its subsidiaries or controlling affiliates, and the
identity of persons furnishing the consideration. However,
where a source of the consideration is a loan made in the
lender’s ordinary course of business, the identity of the lender must remain confidential if the person filing the statement
so requests.
(c) Fully audited financial information as to the earnings
and financial condition of each acquiring party for the
preceding five fiscal years of each acquiring party, or for
such lesser period as the acquiring party and any prede(2002 Ed.)
Health Carrier Holding Company Act
cessors have been in existence, and similar unaudited
information as of a date not earlier than ninety days before
the filing of the statement. If the acquiring party and any
predecessor has not had fully audited financial statements
prepared during any of the preceding five years, then
reviewed financial statements may be substituted for those
years, except for the latest fiscal year which must be fully
audited financial statements.
(d) Any plans or proposals that each acquiring party
may have to liquidate the health carrier, to sell its assets or
merge or consolidate it with any person, or to make any
other material change in its business or corporate structure
or management.
(e) The number of shares of any security or number and
description of other voting rights referred to in RCW
48.31C.010(3) that each acquiring party proposes to acquire,
the terms of the offer, request, invitation, agreement, or
acquisition under RCW 48.31C.010(3), and a statement as to
the method by which the fairness of the proposal was arrived
at.
(f) The amount of each class of any security referred to
in RCW 48.31C.010(3) that is beneficially owned or concerning which there is a right to acquire beneficial ownership
by each acquiring party.
(g) A full description of any contracts, arrangements, or
understandings with respect to any security referred to in
RCW 48.31C.010(3) in which an acquiring party is involved,
including but not limited to transfer of any of the securities,
joint ventures, loan or option arrangements, puts or calls,
guarantees of loans, guarantees against loss or guarantees of
profits, division of losses or profits, or the giving or withholding of proxies. The description must identify the
persons with whom the contracts, arrangements, or understandings have been entered into.
(h) A description of the purchase of any security
referred to in RCW 48.31C.010(3) during the twelve
calendar months before the filing of the statement, by an
acquiring party, including the dates of purchase, names of
the purchasers, and consideration paid or agreed to be paid
for the security.
(i) A description of any recommendations to purchase
any security referred to in RCW 48.31C.010(3) made during
the twelve calendar months before the filing of the statement, by an acquiring party, or by anyone based upon
interviews with outside parties or at the suggestion of the
acquiring party.
(j) Copies of all tender offers for, requests or invitations
for tenders of, exchange offers for, and agreements to
acquire or exchange any securities referred to in RCW
48.31C.010(3), and, if distributed, of additional soliciting
material relating to the securities.
(k) The term of an agreement, contract, or understanding
made with or proposed to be made with a broker-dealer as
to solicitation or securities referred to in RCW
48.31C.010(3) for tender, and the amount of fees, commissions, or other compensation to be paid to broker-dealers
with regard to the securities.
(l) Such additional information as the commissioner may
prescribe by rule as necessary or appropriate for the protection of subscribers of the health carrier or in the public
interest.
(2002 Ed.)
48.31C.030
If the person required to file the statement referred to in
subsection (1) of this section is a partnership, limited
partnership, syndicate, or other group, the commissioner may
require that the information required under (a) through (l) of
this subsection must be given with respect to each partner of
the partnership or limited partnership, each member of the
syndicate or group, and each person who controls a partner
or member. If a partner, member, or person is a corporation,
or the person required to file the statement referred to in
subsection (1) of this section is a corporation, the commissioner may require that the information required under (a)
through (l) of this subsection must be given with respect to
the corporation, each officer and director of the corporation,
and each person who is directly or indirectly the beneficial
owner of more than ten percent of the outstanding voting
securities of the corporation.
If a material change occurs in the facts set forth in the
statement filed with the commissioner and sent to the health
carrier under this section, an amendment setting forth the
change, together with copies of all documents and other
material relevant to the change, must be filed with the
commissioner and sent to the health carrier within two
business days after the person learns of the change.
(3) If an offer, request, invitation, agreement, or acquisition referred to in subsection (1) of this section is proposed
to be made by means of a registration statement under the
Securities Act of 1933 or in circumstances requiring the
disclosure of similar information under the Securities
Exchange Act of 1934, or under a state law requiring similar
registration or disclosure, the person required to file the
statement referred to in subsection (1) of this section may
use those documents in furnishing the information called for
by that statement.
(4) The commissioner shall approve an exchange or
other acquisition of control referred to in this section within
sixty days after he or she declares the statement filed under
this section to be complete and if a hearing is requested by
the commissioner or either party to the transaction, after
holding a public hearing. Unless the commissioner declares
the statement to be incomplete and requests additional
information, the statement is deemed complete sixty days
after receipt of the statement by the commissioner. If the
commissioner declares the statement to be incomplete and
requests additional information, the sixty-day time period in
which the statement is deemed complete shall be tolled until
fifteen days after receipt by the commissioner of the additional information. If the commissioner declares the
statement to be incomplete, the commissioner shall promptly
notify the person filing the statement of the filing deficiencies and shall set forth with specificity the additional
information required to make the filing complete. At the
hearing, the person filing the statement, the health carrier,
and any person whose significant interest is determined by
the commissioner to be affected may present evidence,
examine and cross-examine witnesses, and offer oral and
written arguments, and in connection therewith may conduct
discovery proceedings in the same manner as is allowed in
the superior court of this state. All discovery proceedings
must be concluded not later than three business days before
the commencement of the public hearing.
[Title 48 RCW—page 205]
48.31C.030
Title 48 RCW: Insurance
(5)(a) The commissioner shall approve an acquisition of
control referred to in subsection (1) of this section unless,
after a public hearing, he or she finds that:
(i) After the change of control, the domestic health
carrier referred to in subsection (1) of this section would not
be able to satisfy the requirements for registration as a health
carrier;
(ii) The antitrust section of the office of the attorney
general and any federal antitrust enforcement agency has
chosen not to undertake a review of the proposed acquisition
and the commissioner pursuant to his or her own review
finds that there is substantial evidence that the effect of the
acquisition may substantially lessen competition or tend to
create a monopoly in the health coverage business.
If the antitrust section of the office of the attorney
general does not undertake a review of the proposed acquisition and the review is being conducted by the commissioner,
then the commissioner shall seek input from the attorney
general throughout the review.
If the antitrust section of the office of the attorney
general undertakes a review of the proposed transaction then
the attorney general shall seek input from the commissioner
throughout the review. As to the commissioner, in making
this determination:
(A) The informational requirements of RCW
48.31C.020(1)(a) apply;
(B) The commissioner may not disapprove the acquisition if the commissioner finds that:
(I) The acquisition will yield substantial economies of
scale or economies in resource use that cannot be feasibly
achieved in any other way, and the public benefits that
would arise from the economies exceed the public benefits
that would arise from more competition; or
(II) The acquisition will substantially increase or will
prevent significant deterioration in the availability of health
care coverage, and the public benefits of the increase exceed
the public benefits that would arise from more competition;
(C) The commissioner may condition the approval of
the acquisition on the removal of the basis of disapproval, as
follows, within a specified period of time:
(I) The financial condition of an acquiring party is such
as might jeopardize the financial stability of the health
carrier, or prejudice the interest of its subscribers;
(II) The plans or proposals that the acquiring party has
to liquidate the health carrier, sell its assets, consolidate or
merge it with any person, or to make any other material
change in its business or corporate structure or management,
are unfair and unreasonable to subscribers of the health
carrier and not in the public interest;
(III) The competence, experience, and integrity of those
persons who would control the operation of the health carrier
are such that it would not be in the interest of subscribers of
the health carrier and of the public to permit the merger or
other acquisition of control; or
(IV) The acquisition is likely to be hazardous or
prejudicial to the insurance-buying public.
(b) The commissioner may retain at the acquiring
person’s expense any attorneys, actuaries, accountants, and
other experts not otherwise a part of the commissioner’s staff
as may be reasonably necessary to assist the commissioner
in reviewing the proposed acquisition of control. All
reasonable costs of a hearing held under this section, as
[Title 48 RCW—page 206]
determined by the commissioner, including reasonable costs
associated with the commissioner’s use of investigatory,
professional, and other necessary personnel, mailing of
required notices and other information, and use of equipment
or facilities, must be paid before issuance of the
commissioner’s order by the acquiring person.
(c) The commissioner may condition approval of an
acquisition on the removal of the basis of disapproval within
a specified period of time.
(6) Upon the request of a party to the acquisition the
commissioner may order that this section does not apply to
an offer, request, invitation, agreement, or acquisition as:
(a) Not having been made or entered into for the
purpose and not having the effect of changing or influencing
the control of a domestic health carrier; or
(b) Otherwise not comprehended within the purposes of
this section.
(7) The following are violations of this section:
(a) The failure to file a statement, amendment, or other
material required to be filed under subsection (1) or (2) of
this section; or
(b) The effectuation or an attempt to effectuate an
acquisition of control of a domestic health carrier unless the
commissioner has given approval.
(8) The courts of this state have jurisdiction over every
person not resident, domiciled, or authorized to do business
in this state who files a statement with the commissioner
under this section, and over all actions involving that person
arising out of violations of this section, and such a person
has performed acts equivalent to and constituting an appointment by that person of the commissioner to be the person’s
true and lawful attorney upon whom may be served all
lawful process in an action, suit, or proceeding arising out of
violations of this section. Copies of all such lawful process
shall be served on the commissioner and transmitted by
registered or certified mail by the commissioner to such a
person at the person’s last known address. [2001 c 179 § 3.]
48.31C.040 Registration with commissioner—
Information required—Rule making—Disclaimer of
affiliation—Failure to file. (1) Every health carrier
registered to do business in this state that is a member of a
health carrier holding company system shall register with the
commissioner, except a foreign health carrier subject to
registration requirements and standards adopted by statute or
regulation in the jurisdiction of its domicile that are substantially similar to those contained in:
(a) This section;
(b) RCW 48.31C.050(1) and 48.31C.060; and
(c) Either RCW 48.31C.050(1)(b) or a provision such as
the following: Each registered health carrier shall keep
current the information required to be disclosed in its
registration statement by reporting all material changes or
additions within fifteen days after the end of the month in
which it learns of each change or addition.
A health carrier subject to registration under this section
shall register within one hundred twenty days of May 7,
2001, and thereafter within fifteen days after it becomes
subject to registration, and annually thereafter by May 15th
of each year for the previous calendar year, unless the
commissioner for good cause shown extends the time for
(2002 Ed.)
Health Carrier Holding Company Act
registration, and then within the extended time. The commissioner may require a health carrier authorized to do
business in the state that is a member of a health carrier
holding company system, but that is not subject to registration under this section, to furnish a copy of the registration
statement, the summary specified in subsection (3) of this
section, or other information filed by the health carrier with
the regulatory authority of its domiciliary jurisdiction.
(2) A health carrier subject to registration shall file the
registration statement on a form prescribed by the commissioner, containing the following current information:
(a) The capital structure, general financial condition,
ownership, and management of the health carrier and any
person controlling the health carrier;
(b) The identity and relationship of every member of the
health carrier holding company system;
(c) The following agreements in force, and transactions
currently outstanding or that have occurred during the last
calendar year between the health carrier and its affiliates:
(i) Loans, other investments, or purchases, sales, or
exchanges of securities of the affiliates by the health carrier
or of the health carrier by its affiliates;
(ii) Purchases, sales, or exchange of assets;
(iii) Transactions not in the ordinary course of business;
(iv) Guarantees or undertakings for the benefit of an
affiliate that result in an actual contingent exposure of the
health carrier’s assets to liability, other than subscriber
contracts entered into in the ordinary course of the health
carrier’s business;
(v) All management agreements, service contracts, and
cost-sharing arrangements;
(vi) Reinsurance agreements;
(vii) Dividends and other distributions to shareholders;
and
(viii) Consolidated tax allocation agreements;
(d) Any pledge of the health carrier’s stock, including
stock of a subsidiary or controlling affiliate, for a loan made
to a member of the health carrier holding company system;
and
(e) Other matters concerning transactions between
registered health carriers and affiliates as may be included
from time to time in registration forms adopted or approved
by the commissioner by rule.
(3) Registration statements must contain a summary
outlining all items in the current registration statement
representing changes from the prior registration statement.
(4) No information need be disclosed on the registration
statement filed under subsection (2) of this section if the
information is not material for the purposes of this section.
Unless the commissioner by rule or order provides otherwise, sales, purchases, exchanges, loans or extensions of
credit, investments, or guarantees, involving two percent or
less of a health carrier’s admitted assets as of the 31st day
of the previous December are not material for purposes of
this section.
(5) A person within a health carrier holding company
system subject to registration shall provide complete and
accurate information to a health carrier, where the information is reasonably necessary to enable the health carrier to
comply with this chapter.
(6) The commissioner shall terminate the registration of
a health carrier under this section that demonstrates that it no
(2002 Ed.)
48.31C.040
longer is a member of a health carrier holding company
system.
(7) The commissioner may require or allow two or more
affiliated health carriers subject to registration under this
section to file a consolidated registration statement.
(8) The commissioner may allow a health carrier
registered to do business in this state and part of a health
carrier holding company system to register on behalf of an
affiliated health carrier that is required to register under
subsection (1) of this section and to file all information and
material required to be filed under this section.
(9) This section does not apply to a health carrier,
information, or transaction if, and to the extent that, the
commissioner by rule or order exempts the health carrier,
information, or transaction from this section.
(10) A person may file with the commissioner a
disclaimer of affiliation with an authorized health carrier, or
a health carrier or a member of a health carrier holding
company system may file the disclaimer. The disclaimer
must fully disclose all material relationships and bases for
affiliation between the person and the health carrier as well
as the basis for disclaiming the affiliation. After a disclaimer has been filed, the health carrier is relieved of any duty to
register or report under this section that may arise out of the
health carrier’s relationship with the person unless and until
the commissioner disallows the disclaimer. The commissioner shall disallow the disclaimer only after furnishing all
parties in interest with notice and opportunity to be heard
and after making specific findings of fact to support the
disallowance.
(11) Failure to file a registration statement or a summary of the registration statement required by this section
within the time specified for the filing is a violation of this
section. [2001 c 179 § 4.]
48.31C.050 Health carrier subject to registration—
Standards for transactions within a holding company
system—Notice to commissioner—Review. (1) Transactions within a health carrier holding company system to
which a health carrier subject to registration is a party are
subject to the following standards:
(a) The terms must be fair and reasonable;
(b) Charges or fees for services performed must be fair
and reasonable;
(c) Expenses incurred and payment received must be
allocated to the health carrier in conformity with customary
statutory accounting practices consistently applied;
(d) The books, accounts, and records of each party to all
such transactions must be so maintained as to clearly and
accurately disclose the nature and details of the transactions,
including such accounting information as is necessary to
support the reasonableness of the charges or fees to the respective parties; and
(e) The health carrier’s net worth after the transaction
must exceed the health carrier’s company action level riskbased capital. In addition, the commissioner may disapprove
a transaction if the health carrier’s risk-based capital net
worth is less than the product of 2.5 and the health carrier’s
authorized control level risk-based capital and the commissioner reasonably believes that the health carrier’s net worth
is at risk of falling below its company action level risk-based
[Title 48 RCW—page 207]
48.31C.050
Title 48 RCW: Insurance
capital due to anticipated future financial losses not reflected
in the risk-based capital calculation. This subsection (1)(e)
does not prohibit transactions that improve or help maintain
the health carrier’s net worth.
(2) The following transactions, excepting those transactions which are subject to approval by the commissioner
elsewhere within this title, involving a domestic health
carrier and a person in its health carrier holding company
system may not be entered into unless the health carrier has
notified the commissioner in writing of its intention to enter
into the transaction and the commissioner does not declare
the notice to be incomplete at least thirty days before, or
such shorter period as the commissioner may permit, and the
commissioner has not disapproved it within that period.
Unless the commissioner declares the notice to be incomplete and requests additional information, the notice is
deemed complete thirty days after receipt of the notice by
the commissioner. If the commissioner declares the notice
to be incomplete, the thirty-day time period in which the
notice is deemed complete shall be tolled until fifteen days
after the receipt by the commissioner of the additional
information:
(a) Sales, purchases, exchanges, loans or extensions of
credit, guarantees, or investments if the transactions are
equal to or exceed the lesser of (i) two months of the health
carrier’s annualized claims and administrative costs, (ii) five
percent of the health carrier’s admitted assets, or (iii)
twenty-five percent of net worth, as of the 31st day of the
previous December;
(b) Loans or extensions of credit to any person who is
not an affiliate, if the health carrier makes the loans or
extensions of credit with the agreement or understanding that
the proceeds of the transactions, in whole or in substantial
part, are to be used to make loans or extensions of credit to,
to purchase assets of, or to make investments in, an affiliate
of the health carrier making the loans or extensions of credit,
if the transactions are equal to or exceed the lesser of (i) two
months of the health carrier’s annualized claims and administrative costs, (ii) three percent of the health carrier’s
admitted assets, or (iii) twenty-five percent of net worth, as
of the 31st day of the previous December;
(c) Reinsurance agreements or modifications to them in
which the reinsurance premium or a change in the health
carrier’s liabilities equals or exceeds five percent of the
health carrier’s net worth, as of the 31st day of the previous
December, including those agreements that may require as
consideration the transfer of assets from a health carrier to
a nonaffiliate, if an agreement or understanding exists
between the health carrier and nonaffiliate that any portion
of the assets will be transferred to one or more affiliates of
the health carrier;
(d) Management agreements, service contracts, and
cost-sharing arrangements; and
(e) Other acquisitions or dispositions of assets involving
more than five percent of the health carrier’s admitted assets,
specified by rule, that the commissioner determines may
adversely affect the interests of the health carrier’s subscribers.
(3) A domestic health carrier may not enter into
transactions that are part of a plan or series of like transactions with persons within the health carrier holding company
system if the aggregate amount of the transactions within a
[Title 48 RCW—page 208]
twelve-month period exceed the statutory threshold amount.
If the commissioner determines that the separate transactions
entered into over a twelve-month period exceed the statutory
threshold amount, the commissioner may apply for an order
as described in RCW 48.31C.080(1).
(4) The commissioner, in reviewing transactions under
subsection (2) of this section, shall consider whether the
transactions comply with the standards set forth in subsection
(1) of this section.
(5) If a health carrier complies with the terms of a
management agreement, service contract, or cost-sharing
agreement that has not been disapproved by the commissioner under subsection (2) of this section, then the health
carrier is not required to obtain additional approval from the
commissioner for individual transactions conducted under the
terms of the management agreement, service contract, or
cost-sharing agreement. The commissioner, however, retains
the authority to examine the individual transactions to
determine their compliance with the terms of the management agreement, service contract, or cost-sharing agreement
and subsection (1) of this section.
(6) This section does not authorize or permit a transaction that, in the case of a health carrier not a member of the
same health carrier holding company system, would be
otherwise contrary to law. [2001 c 179 § 5.]
48.31C.060 Extraordinary dividends or distributions—Restrictions—Definition of distribution. (1)(a)
Subject to subsection (2) of this section, each registered
health carrier shall report to the commissioner all dividends
and other distributions to shareholders or members not
within the ordinary course of business within five business
days after their declaration and at least fifteen business days
before payment and shall provide the commissioner such
other information as may be required by rule.
(b) Any payment of a dividend or other distribution to
shareholders or members which would reduce the net worth
of the health carrier below the greater of (i) the minimum
required by RCW 48.44.037 for a health care service
contractor or RCW 48.46.235 for a health maintenance
organization or (ii) the company action level RBC under
RCW 48.43.300(9)(a) is prohibited.
(2)(a) No domestic health carrier may pay an extraordinary dividend or make any other extraordinary distribution
to its shareholders or members until: (i) Thirty days after
the commissioner has received sufficient notice of the
declaration, unless the commissioner declares the notice to
be incomplete and requests additional information in which
event the thirty days shall be tolled until fifteen days after
receipt by the commissioner of the additional information or
thirty days after the original receipt of the notice by the
commissioner, whichever is later, and the commissioner has
not within that period disapproved the payment; or (ii) the
commissioner has approved the payment within the thirtyday period.
(b) For purposes of this section, an extraordinary
dividend or distribution is a dividend or distribution of cash
or other property whose fair market value, together with that
of other dividends or distributions not within the ordinary
course of business made within the period of twelve consecutive months ending on the date on which the proposed
(2002 Ed.)
Health Carrier Holding Company Act
dividend is scheduled for payment or distribution, exceeds
the lesser of: (i) Ten percent of the health carrier’s net
worth as of the 31st day of the previous December; or (ii)
the net income of the health carrier for the twelve-month
period ending the 31st day of the previous December, but
does not include pro rata distributions of any class of the
company’s own securities.
(c) Notwithstanding any other provision of law, a health
carrier may declare an extraordinary dividend or distribution
that is conditional upon the commissioner’s approval. The
declaration confers no rights upon shareholders or members
until: (i) The commissioner has approved the payment of
the dividend or distribution; or (ii) the commissioner has not
disapproved the payment within the thirty-day period
referred to in (a) of this subsection.
(3) For the purpose of this section, "distribution" means
a direct or indirect transfer of money or other property,
except its own shares, or incurrence of indebtedness by a
health carrier to or for the benefit of its members or shareholders in respect to any of its shares. A distribution may
be in the form of a declaration or payment of a dividend; a
distribution in partial or complete liquidation, or upon
voluntary or involuntary dissolution; a purchase, redemption,
or other acquisition of shares; or a distribution of indebtedness in respect to any of its shares. It does not include any
remuneration to a shareholder or member made as consideration for services or items provided by such shareholder or
member, including but not limited to remuneration in
exchange for health care services, equipment or supplies, or
administrative support services or equipment. [2001 c 179
§ 6.]
48.31C.070 Examination of health carriers—
Commissioner may order production of information—
Failure to comply—Costs. (1) Subject to the limitation
contained in this section and in addition to the powers that
the commissioner has under RCW 48.44.145 relating to the
examination of health care service contractors and under
RCW 48.46.120 relating to the examination of health
maintenance organizations, the commissioner also may order
a health carrier registered under RCW 48.31C.040 to
produce such records, books, or other information papers in
the possession of the health carrier or its affiliates as are
reasonably necessary to ascertain the financial condition of
the health carrier or to determine compliance with this title.
If the health carrier fails to comply with the order, the
commissioner may examine the affiliates to obtain the
information.
(2) The commissioner may retain at the registered health
carrier’s expense those attorneys, actuaries, accountants, and
other experts not otherwise a part of the commissioner’s staff
as are reasonably necessary to assist in the conduct of the
examination under subsection (1) of this section. Persons so
retained are under the direction and control of the commissioner and shall act in a purely advisory capacity.
(3) Each registered health carrier producing for examination records, books, and papers under subsection (1) of
this section are liable for and shall pay the expense of the
examination in accordance with RCW 48.03.060.
(2002 Ed.)
48.31C.060
(4) Chapter 48.03 RCW applies to this chapter except to
the extent expressly modified by this chapter. [2001 c 179
§ 7.]
48.31C.080 Violations of chapter—Commissioner
may seek superior court order. (1) Whenever it appears
to the commissioner that a health carrier or a director, officer, employee, or agent of the health carrier has committed
or is about to commit a violation of this chapter or any rule
or order of the commissioner under this chapter, the commissioner may apply to the superior court for Thurston county
or to the court for the county in which the principal office of
the health carrier is located for an order enjoining the health
carrier or the director, officer, employee, or agent from
violating or continuing to violate this chapter or any such
rule or order, and for such other equitable relief as the nature
of the case and the interest of the health carrier’s subscribers
or the public may require.
(2) No security that is the subject of an agreement or
arrangement regarding acquisition, or that is acquired or to
be acquired, in contravention of this chapter or of a rule or
order of the commissioner under this chapter may be voted
at a shareholders’ meeting, or may be counted for quorum
purposes. Any action of shareholders requiring the affirmative vote of a percentage of shares may be taken as though
the securities were not issued and outstanding, but no action
taken at any such meeting may be invalidated by the voting
of the securities, unless the action would materially affect
control of the health carrier or unless the courts of this state
have so ordered. If a health carrier or the commissioner has
reason to believe that a security of the health carrier has
been or is about to be acquired in contravention of this
chapter or of a rule or order of the commissioner under this
chapter, the health carrier or the commissioner may apply to
the superior court for Thurston county or to the court for the
county in which the health carrier has its principal place of
business to enjoin an offer, request, invitation, agreement, or
acquisition made in contravention of RCW 48.31C.030 or a
rule or order of the commissioner under that section to
enjoin the voting of a security so acquired, to void a vote of
the security already cast at a meeting of shareholders, and
for such other relief as the nature of the case and the interest
of the health carrier’s subscribers or the public may require.
(3) If a person has acquired or is proposing to acquire
voting securities in violation of this chapter or a rule or
order of the commissioner under this chapter, the superior
court for Thurston county or the court for the county in
which the health carrier has its principal place of business
may, on such notice as the court deems appropriate, upon the
application of the health carrier or the commissioner seize or
sequester voting securities of the health carrier owned
directly or indirectly by the person, and issue such order
with respect to the securities as may be appropriate to carry
out this chapter.
(4) Notwithstanding any other provisions of law, for the
purposes of this chapter, the situs of the ownership of the
securities of domestic health carriers is in this state.
(5) Subsections (2) and (3) of this section do not apply
to acquisitions under RCW 48.31C.020. [2001 c 179 § 8.]
[Title 48 RCW—page 209]
48.31C.090
Title 48 RCW: Insurance
48.31C.090 Violations of chapter—Penalties—Civil
forfeitures—Orders—Referral to prosecuting attorney—
Imprisonment. (1) The commissioner may require, after
notice and hearing, a health carrier failing, without just
cause, to file a registration statement as required in this
chapter, to pay a penalty of not more than ten thousand
dollars per day. The maximum penalty under this section is
one million dollars. The commissioner may reduce the
penalty if the health carrier demonstrates to the commissioner that the imposition of the penalty would constitute a
financial hardship to the health carrier. The commissioner
shall transfer a fine collected under this section to the state
treasurer for deposit into the general fund.
(2) Every director or officer of a health carrier holding
company system who knowingly violates this chapter, or
participates in, or assents to, or who knowingly permits an
officer or agent of the health carrier to engage in transactions
or make investments that have not been properly reported or
submitted under RCW 48.31C.040(1), 48.31C.050(2), or
48.31C.060, or that violate this chapter, shall pay, in their
individual capacity, a civil forfeiture of not more than ten
thousand dollars per violation, after notice and hearing. In
determining the amount of the civil forfeiture, the commissioner shall take into account the appropriateness of the
forfeiture with respect to the gravity of the violation, the
history of previous violations, and such other matters as
justice may require.
(3) Whenever it appears to the commissioner that a
health carrier subject to this chapter, or a director, officer,
employee, or agent of the health carrier, has engaged in a
transaction or entered into a contract that is subject to RCW
48.31C.050 and 48.31C.060 and that would not have been
approved had approval been requested, the commissioner
may order the health carrier to cease and desist immediately
any further activity under that transaction or contract. After
notice and hearing the commissioner may also order the
health carrier to void any such contracts and restore the
status quo if that action is in the best interest of the subscribers or the public.
(4) Whenever it appears to the commissioner that a
health carrier or a director, officer, employee, or agent of the
health carrier has committed a willful violation of this
chapter, the commissioner may refer the matter to the
prosecuting attorney of Thurston county or the county in
which the principal office of the health carrier is located. A
health carrier that willfully violates this chapter may be fined
not more than one million dollars. Any individual who willfully violates this chapter may be fined in his or her individual capacity not more than ten thousand dollars, or be
imprisoned for not more than three years, or both.
(5) An officer, director, or employee of a health carrier
holding company system who willfully and knowingly
subscribes to or makes or causes to be made a false statement, false report, or false filing with the intent to deceive
the commissioner in the performance of his or her duties
under this chapter, upon conviction thereof, shall be imprisoned for not more than three years or fined not more than
ten thousand dollars or both. The officer, director, or
employee upon whom the fine is imposed shall pay the fine
in his or her individual capacity.
(6) This section does not apply to acquisitions under
RCW 48.31C.020. [2001 c 179 § 9.]
[Title 48 RCW—page 210]
48.31C.100 Violations of chapter—Impairment of
financial condition. Whenever it appears to the commissioner that a person has committed a violation of this chapter
that so impairs the financial condition of a domestic health
carrier as to threaten insolvency or make the further transaction of business by it hazardous to its subscribers or the
public, the commissioner may proceed as provided in RCW
48.31.030 and 48.31.040 to take possession of the property
of the domestic health carrier and to conduct the business of
the health carrier. [2001 c 179 § 10.]
48.31C.110 Order for liquidation or rehabilitation—Recovery of distributions or payments—Liability—
Maximum amount recoverable. (1) If an order for liquidation or rehabilitation of a domestic health carrier has been
entered, the receiver appointed under the order may recover
on behalf of the health carrier:
(a) From a parent corporation or a holding company, a
person, or an affiliate, who otherwise controlled the health
carrier, the amount of distributions, other than distributions
of shares of the same class of stock, paid by the health
carrier on its capital stock; or
(b) A payment in the form of a bonus, termination
settlement, or extraordinary lump sum salary adjustment,
made by the health carrier or its subsidiary to a director,
officer, or employee;
Where the distribution or payment under (a) or (b) of this
subsection is made at anytime during the one year before the
petition for liquidation, conservation, or rehabilitation, as the
case may be, subject to the limitations of subsections (2)
through (4) of this section.
(2) No such distribution is recoverable if it is shown
that when paid, the distribution was lawful and reasonable,
and that the health carrier did not know and could not
reasonably have known that the distribution might adversely
affect the ability of the health carrier to fulfill its contractual
obligations.
(3) A person who was a parent corporation, a holding
company, or a person, who otherwise controlled the health
carrier, or an affiliate when the distributions were paid, is
liable up to the amount of distributions or payments under
subsection (1) of this section the person received. A person
who controlled the health carrier at the time the distributions
were declared is liable up to the amount of distributions he
or she would have received if they had been paid immediately. If two or more persons are liable with respect to the
same distributions, they are jointly and severally liable.
(4) The maximum amount recoverable under this section
is the amount needed in excess of all other available assets
of the impaired or insolvent health carrier to pay the contractual obligations of the impaired or insolvent health carrier.
(5) To the extent that a person liable under subsection
(3) of this section is insolvent or otherwise fails to pay
claims due from it under those provisions, its parent corporation, holding company, or person, who otherwise controlled
it at the time the distribution was paid, is jointly and
severally liable for a resulting deficiency in the amount
recovered from the parent corporation, holding company, or
person, who otherwise controlled it. [2001 c 179 § 11.]
(2002 Ed.)
Health Carrier Holding Company Act
48.31C.120 Violations of chapter—Contrary to
interests of subscribers or the public. Whenever it appears
to the commissioner that a person has committed a violation
of this chapter that makes the continued operation of a health
carrier contrary to the interests of subscribers or the public,
the commissioner may, after giving notice and an opportunity to be heard, suspend, revoke, or refuse to renew the health
carrier’s registration to do business in this state for such
period as he or she finds is required for the protection of
subscribers or the public. Such a suspension, revocation, or
refusal to renew the health carrier’s registration must be
accompanied by specific findings of fact and conclusions of
law. [2001 c 179 § 12.]
48.31C.130 Confidential proprietary and trade
secret information—Exempt from public disclosure—
Exceptions. Confidential proprietary and trade secret information provided to the commissioner under RCW
48.31C.020 through 48.31C.050 and 48.31C.070 are exempt
from public inspection and copying and shall not be subject
to subpoena directed to the commissioner or any person who
received the confidential proprietary financial and trade
secret information while acting under the authority of the
commissioner. This information shall not be made public by
the commissioner, the national association of insurance
commissioners, or any other person, except to insurance
departments of other states, without the prior written consent
of the health carrier to which it pertains unless the commissioner, after giving the health carrier that would be affected
by the disclosure notice and hearing under chapter 48.04
RCW, determines that the interest of policyholders, subscribers, members, shareholders, or the public will be served by
the publication, in which event the commissioner may
publish information related to the transactions or filings in
the manner and time frame he or she reasonably deems
appropriate and sensitive to the interest in preserving
confidential proprietary and trade secret information. The
commissioner is authorized to use such documents, materials,
or information in the furtherance of any regulatory or legal
action brought as part of the commissioner’s official duties.
The confidentiality created by chapter 179, Laws of 2001
shall apply only to the commissioner, any person acting
under the authority of the commissioner, the national
association of insurance commissioners and its affiliates and
subsidiaries, and the insurance departments of other states.
[2001 c 179 § 13.]
48.31C.140 Person aggrieved by actions of commissioner. A person aggrieved by an act, determination, rule,
order, or any other action of or failure to act by the commissioner under this chapter may proceed in accordance with
chapters 34.05 and 48.04 RCW. [2001 c 179 § 15.]
48.31C.150 Rule making. The commissioner may
adopt rules to implement and administer this chapter. [2001
c 179 § 16.]
48.31C.160 Dual holding company system membership. If an insurance company holding a certificate of
authority from the commissioner under chapter 48.05 RCW
is a member of both a health carrier holding company
(2002 Ed.)
48.31C.120
system under this chapter and an insurance holding company
system under chapter 48.31B RCW, then chapter 48.31B
RCW applies to the authorized insurance company. [2001
c 179 § 17.]
48.31C.900 Severability—2001 c 179. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [2001 c 179 § 18.]
48.31C.901 Effective date—2001 c 179. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[May 7, 2001]. [2001 c 179 § 19.]
Chapter 48.32
WASHINGTON INSURANCE GUARANTY
ASSOCIATION ACT
Sections
48.32.010
48.32.020
48.32.030
48.32.040
48.32.050
48.32.060
48.32.070
48.32.080
48.32.090
48.32.100
48.32.110
48.32.120
48.32.130
48.32.145
48.32.150
48.32.160
48.32.170
48.32.900
48.32.910
48.32.920
48.32.930
Purpose.
Scope.
Definitions.
Creation of the association.
Board of directors.
Powers and duties of the association.
Plan of operation.
Duties and powers of the commissioner.
Effect of paid claims.
Nonduplication of recovery.
Prevention of insolvencies.
Examination of the association.
Tax exemption.
Credit against premium tax for assessments paid pursuant to
RCW 48.32.060(1)(c).
Immunity.
Stay of proceedings—Setting aside judgment.
Termination, distribution of fund.
Short title.
Construction—1971 ex.s. c 265.
Section headings not part of law.
Severability—1971 ex.s. c 265.
48.32.010 Purpose. The purpose of this chapter is to
provide a mechanism for the payment of covered claims
under certain insurance policies to avoid excessive delay in
payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer, to assist
in the detection and prevention of insurer insolvencies, and
to provide an association to assess the cost of such protection among insurers. [1971 ex.s. c 265 § 1.]
48.32.020 Scope. This chapter shall apply to all kinds
of direct insurance, except life, title, surety, disability, credit,
mortgage guaranty, workers’ compensation and ocean marine
insurance. [1987 c 185 § 29; 1975-’76 2nd ex.s. c 109 § 2;
1971 ex.s. c 265 § 2.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.32.030
Definitions. As used in this chapter:
[Title 48 RCW—page 211]
48.32.030
Title 48 RCW: Insurance
(1) "Account" means one of the two accounts created in
RCW 48.32.040 as now or hereafter amended.
(2) "Association" means the Washington Insurance
Guaranty Association created in RCW 48.32.040.
(3) "Commissioner" means the insurance commissioner
of this state.
(4) "Covered claim" means an unpaid claim, including
one for unearned premiums, which arises out of and is
within the coverage of an insurance policy to which this
chapter applies issued by an insurer, if such insurer becomes
an insolvent insurer after the first day of April, 1971 and (a)
the claimant or insured is a resident of this state at the time
of the insured event; or (b) the property from which the
claim arises is permanently located in this state. "Covered
claim" shall not include any amount due any reinsurer, insurer, insurance pool, or underwriting association, as
subrogation recoveries or otherwise: PROVIDED, That a
claim for any such amount asserted against a person insured
under a policy issued by an insurer which has become an
insolvent insurer, which, if it were not a claim by or for the
benefit of a reinsurer, insurer, insurance pool, or underwriting association, would be a "covered claim" may be filed
directly with the receiver of the insolvent insurer, but in no
event may any such claim be asserted in any legal action
against the insured of such insolvent insurer. In addition,
"covered claim" shall not include any claim filed with the
association subsequent to the final date set by the court for
the filing of claims against the liquidator or receiver of an
insolvent insurer.
(5) "Insolvent insurer" means an insurer (a) authorized
to transact insurance in this state either at the time the policy
was issued or when the insured event occurred and (b)
determined to be insolvent and ordered liquidated by a court
of competent jurisdiction, and which adjudication was
subsequent to the first day of April, 1971.
(6) "Member insurer" means any person who (a) writes
any kind of insurance to which this chapter applies under
RCW 48.32.020, including the exchange of reciprocal or
interinsurance contracts, and (b) holds a certificate of
authority to transact insurance in this state.
(7) "Net direct written premiums" means direct gross
premiums written in this state on insurance policies to which
this chapter applies, less return premiums thereon and
dividends paid or credited to policyholders on such direct
business. "Net direct written premiums" does not include
premiums on contracts between insurers or reinsurers.
(8) "Person" means any individual, corporation, partnership, association, or voluntary organization. [1975-’76 2nd
ex.s. c 109 § 3; 1971 ex.s. c 265 § 3.]
48.32.040 Creation of the association. There is
hereby created a nonprofit unincorporated legal entity to be
known as the Washington Insurance Guaranty Association.
All insurers defined as member insurers in RCW
48.32.030(6) as now or hereafter amended shall be and
remain members of the association as a condition of their
authority to transact insurance in this state. The association
shall perform its functions under a plan of operation established and approved under RCW 48.32.070 and shall
exercise its powers through a board of directors established
under RCW 48.32.050 as now or hereafter amended. For
[Title 48 RCW—page 212]
purposes of administration and assessment, the association
shall be divided into two separate accounts: (1) The
automobile insurance account; and (2) the account for all
other insurance to which this chapter applies. [1975-’76 2nd
ex.s. c 109 § 4; 1971 ex.s. c 265 § 4.]
48.32.050 Board of directors. (1) The board of
directors of the association shall consist of not less than five
nor more than nine persons serving terms as established in
the plan of operation. The members of the board shall be
selected by member insurers subject to the approval of the
commissioner. Vacancies on the board shall be filled for the
remaining period of the term by a majority vote of the
remaining board members, subject to the approval of the
commissioner.
(2) In approving selections to the board, the commissioner shall consider among other things whether all member
insurers are fairly represented.
(3) Members of the board may be reimbursed from the
assets of the association for expenses incurred by them as
members of the board of directors. [1975-’76 2nd ex.s. c
109 § 5; 1971 ex.s. c 265 § 5.]
48.32.060 Powers and duties of the association. (1)
The association shall:
(a) Be obligated to the extent of the covered claims
existing prior to the order of liquidation and arising within
thirty days after the order of liquidation, or before the policy
expiration date if less than thirty days after the order of
liquidation, or before the insured replaces the policy or on
request effects cancellation, if he does so within thirty days
of the order of liquidation, but such obligation shall include
only that amount of each covered claim which is in excess
of one hundred dollars and is less than three hundred
thousand dollars. In no event shall the association be
obligated to a policyholder or claimant in an amount in
excess of the face amount of the policy from which the
claim arises.
(b) Be deemed the insurer to the extent of its obligation
on the covered claims and to such extent shall have all
rights, duties, and obligations of the insolvent insurer as if
the insurer had not become insolvent.
(c) Allocate claims paid and expenses incurred among
the two accounts enumerated in RCW 48.32.040 as now or
hereafter amended separately, and assess member insurers
separately for each account amounts necessary to pay the
obligations of the association under subsection (1)(a) above
subsequent to an insolvency, the expenses of handling
covered claims subsequent to an insolvency, the cost of
examinations under RCW 48.32.110, and other expenses authorized by this chapter. The assessments of each member
insurer shall be in the proportion that the net direct written
premiums of the member insurer for the calendar year
preceding the assessment on the kinds of insurance in the account bears to the net direct written premiums of all member
insurers for the calendar year preceding the assessment on
the kinds of insurance in the account. Each member insurer
shall be notified of the assessment not later than thirty days
before it is due. No member insurer may be assessed in any
year on any account an amount greater than two percent of
that member insurer’s net direct written premiums for the
(2002 Ed.)
Washington Insurance Guaranty Association Act
calendar year preceding the assessment on the kinds of
insurance in the account. If the maximum assessment,
together with the other assets of the association in any
account, does not provide in any one year in any account an
amount sufficient to make all necessary payments from that
account, the funds available may be prorated and the unpaid
portion shall be paid as soon thereafter as funds become
available. The association shall pay claims in any order
which it may deem reasonable, including the payment of
claims in the order such claims are received from claimants
or in groups or categories of claims, or otherwise. The
association may exempt or defer, in whole or in part, the
assessment of any member insurer, if the assessment would
cause the member insurer’s financial statement to reflect
amounts of capital or surplus less than the minimum
amounts required for a certificate of authority by any
jurisdiction in which the member insurer is authorized to
transact insurance. Each member insurer serving as a servicing facility may set off against any assessment, authorized
payments made on covered claims and expenses incurred in
the payment of such claims by such member insurer if they
are chargeable to the account for which the assessment is
made.
(d) Investigate claims brought against the association
and adjust, compromise, settle, and pay covered claims to
the extent of the association’s obligation and deny all other
claims.
(e) Notify such persons as the commissioner directs
under RCW 48.32.080(2)(a).
(f) Handle claims through its employees or through one
or more insurers or other persons designated as servicing
facilities. Designation of a servicing facility is subject to the
approval of the commissioner, but such designation may be
declined by a member insurer.
(g) Reimburse each servicing facility for obligations of
the association paid by the facility and for expenses incurred
by the facility while handling claims on behalf of the
association and shall pay the other expenses of the association authorized by this chapter.
(2) The association may:
(a) Appear in, defend, and appeal any action on a claim
brought against the association.
(b) Employ or retain such persons as are necessary to
handle claims and perform other duties of the association.
(c) Borrow funds necessary to effect the purposes of this
chapter in accord with the plan of operation.
(d) Sue or be sued.
(e) Negotiate and become a party to such contracts as
are necessary to carry out the purpose of this chapter.
(f) Perform such other acts as are necessary or proper
to effectuate the purpose of this chapter.
(g) Refund to the member insurers in proportion to the
contribution of each member insurer to that account that
amount by which the assets of the account exceed the
liabilities, if, at the end of any calendar year, the board of
directors finds that the assets of the association in any
account exceed the liabilities of that account as estimated by
the board of directors for the coming year. [1975-’76 2nd
ex.s. c 109 § 6; 1971 ex.s. c 265 § 6.]
(2002 Ed.)
48.32.060
48.32.070 Plan of operation. (1)(a) The association
shall submit to the commissioner a plan of operation and any
amendments thereto necessary or suitable to assure the fair,
reasonable, and equitable administration of the association.
The plan of operation and any amendments thereto shall
become effective upon approval in writing by the commissioner.
(b) If the association fails to submit a suitable plan of
operation within ninety days following May 21, 1971 or if
at any time thereafter the association fails to submit suitable
amendments to the plan, the commissioner shall, after notice
and hearing, adopt and promulgate such reasonable rules as
are necessary or advisable to effectuate the provisions of this
chapter. Such rules shall continue in force until modified by
the commissioner or superseded by a plan submitted by the
association and approved by the commissioner.
(2) All member insurers shall comply with the plan of
operation.
(3) The plan of operation shall:
(a) Establish the procedures whereby all the powers and
duties of the association under RCW 48.32.060 will be
performed.
(b) Establish procedures for handling assets of the
association.
(c) Establish the amount and method of reimbursing
members of the board of directors under RCW 48.32.050.
(d) Establish procedures by which claims may be filed
with the association and establish acceptable forms of proof
of covered claims. Notice of claims to the receiver or
liquidator of the insolvent insurer shall be deemed notice to
the association or its agent and a list of such claims shall be
periodically submitted to the association or similar organization in another state by the receiver or liquidator.
(e) Establish regular places and times for meetings of
the board of directors.
(f) Establish procedures for records to be kept of all
financial transactions of the association, its agents, and the
board of directors.
(g) Provide that any member insurer aggrieved by any
final action or decision of the association may appeal to the
commissioner within thirty days after the action or decision.
(h) Establish the procedures whereby selections for the
board of directors will be submitted to the commissioner.
(i) Contain additional provisions necessary or proper for
the execution of the powers and duties of the association.
(4) The plan of operation may provide that any or all
powers and duties of the association, except those under
RCW 48.32.060 subsections (1)(c) and (2)(c), are delegated
to a corporation, association, or other organization which
performs or will perform functions similar to those of this
association, or its equivalent, in two or more states. Such a
corporation, association or organization shall be reimbursed
as a servicing facility would be reimbursed and shall be paid
for its performance of any other functions of the association.
A delegation under this subsection shall take effect only with
the approval of both the board of directors and the commissioner, and may be made only to a corporation, association,
or organization which extends protection not substantially
less favorable and effective than that provided by this
chapter. [1971 ex.s. c 265 § 7.]
[Title 48 RCW—page 213]
48.32.080
Title 48 RCW: Insurance
48.32.080 Duties and powers of the commissioner.
(1) The commissioner shall:
(a) Notify the association promptly whenever he or any
of his examiners has, or comes into, possession of any data
or information relative to any insurer under his jurisdiction
for any purpose indicating that such insurer is in or is
approaching a condition of impaired assets, imminent
insolvency, or insolvency.
(b) Furnish to the association copies of all preliminary
and final audits, investigations, memorandums, opinions, and
reports relative to any insurer under his jurisdiction for any
purpose, promptly upon the preparation of any thereof.
(c) Notify the association of the existence of an insolvent insurer not later than three days after he receives notice
of the determination of the insolvency. The association shall
be entitled to a copy of any complaint seeking an order of
liquidation with a finding of insolvency against a member
insurer at the same time such complaint is filed with a court
of competent jurisdiction.
(d) Upon request of the board of directors, provide the
association with a statement of the net direct written premiums of each member insurer.
(2) The commissioner may:
(a) Require that the association notify the insureds of
the insolvent insurer and any other interested parties of the
determination of insolvency and of their rights under this
chapter. Such notification shall be by mail at their last
known address, where available, but if sufficient information
for notification by mail is not available, notice by publication
or in a newspaper of general circulation shall be sufficient.
(b) Suspend or revoke, after notice and hearing, the
certificate of authority to transact insurance in this state of
any member insurer which fails to pay an assessment when
due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a fine on any member
insurer which fails to pay an assessment when due. Such
fine shall not exceed five percent of the unpaid assessment
per month, except that no fine shall be less than one hundred
dollars per month.
(c) Revoke the designation of any servicing facility if he
finds claims are being handled unsatisfactorily.
(3) Whenever the commissioner or any of his examiners
comes into possession of or obtains any data or information
indicating that any insurer under his jurisdiction for any
purpose is in or is approaching a condition of impaired
assets, imminent insolvency, or insolvency, he shall within
fifteen days of having such data or information commence
investigation and/or take formal action relative to any such
insurer, and in addition within said time shall notify the
association of such condition. Upon failure of the commissioner so to act, the association is hereby authorized and
directed to act and commence appropriate investigation or
proceedings or may at its option refer the matter to the
attorney general for appropriate action relative to which the
attorney general shall keep the association advised throughout any such action or proceedings.
(4) Any final action or order of the commissioner under
this chapter shall be subject to judicial review in a court of
competent jurisdiction. [1975-’76 2nd ex.s. c 109 § 7; 1971
ex.s. c 265 § 8.]
[Title 48 RCW—page 214]
48.32.090 Effect of paid claims. (1) Any person
recovering under this chapter shall be deemed to have
assigned his rights under the policy to the association to the
extent of his recovery from the association. Every insured
or claimant seeking the protection of this chapter shall
cooperate with the association to the same extent as such
person would have been required to cooperate with the
insolvent insurer. The association shall have no cause of
action against the insured of the insolvent insurer for any
sums it has paid out.
(2) The receiver, liquidator, or statutory successor of an
insolvent insurer shall be bound by settlements of covered
claims by the association or a similar organization in another
state. The court having jurisdiction shall grant such claims
priority equal to that which the claimant would have been
entitled in the absence of this chapter against the assets of
the insolvent insurer. The expenses of the association or
similar organization in handling claims shall be accorded the
same priority as the liquidator’s expenses.
(3) The association shall periodically file with the
receiver or liquidator of the insolvent insurer statements of
the covered claims paid by the association and estimates of
anticipated claims on the association which shall preserve the
right of the association against the assets of the insolvent
insurer. [1971 ex.s. c 265 § 9.]
48.32.100 Nonduplication of recovery. (1) Any
person having a claim against his insurer under any provision in his insurance policy which is also a covered claim
shall be required to exhaust first his right under such policy.
Any amount payable on a covered claim under this chapter
shall be reduced by the amount of such recovery under the
claimant’s insurance policy.
(2) Any person having a claim which may be recovered
under more than one insurance guaranty association or its
equivalent shall seek recovery first from the association of
the place of residence of the insured except that if it is a first
party claim for damage to property with a permanent
location, from the association of the location of the property,
and if it is a workers’ compensation claim, from the association of the residence of the claimant. Any recovery under
this chapter shall be reduced by the amount of the recovery
from any other insurance guaranty association or its equivalent. [1987 c 185 § 30; 1971 ex.s. c 265 § 10.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
48.32.110 Prevention of insolvencies. To aid in the
detection and prevention of insurer insolvencies:
(1) It shall be the duty of the board of directors, upon
majority vote, to notify the commissioner of any information
indicating any member insurer may be insolvent or in a
financial condition hazardous to the policyholders or the
public.
(2) The board of directors may, upon majority vote,
request that the commissioner order an examination of any
member insurer which the board in good faith believes may
be in a financial condition hazardous to the policyholders or
the public. Within thirty days of the receipt of such request,
the commissioner shall begin such examination. The
examination may be conducted as a National Association of
(2002 Ed.)
Washington Insurance Guaranty Association Act
Insurance Commissioners examination or may be conducted
by such persons as the commissioner designates. The cost
of such examination shall be paid by the association and the
examination report shall be treated as are other examination
reports. In no event shall such examination report be
released to the board of directors prior to its release to the
public, but this shall not preclude the commissioner from
complying with subsection (3) of this section. The commissioner shall notify the board of directors when the examination is completed. The request for an examination shall be
kept on file by the commissioner but it shall not be open to
public inspection prior to the release of the examination
report to the public.
(3) It shall be the duty of the commissioner to report to
the board of directors when he has reasonable cause to
believe that any member insurer examined or being examined at the request of the board of directors may be insolvent
or in a financial condition hazardous to the policyholders or
the public.
(4) The board of directors may, upon majority vote,
make reports and recommendations to the commissioner
upon any matter germane to the solvency, liquidation,
rehabilitation or conservation of any member insurer. Such
reports and recommendations shall not be considered public
documents.
(5) The board of directors may, upon majority vote,
make recommendations to the commissioner for the detection
and prevention of insurer insolvencies.
(6) The board of directors shall, at the conclusion of any
insurer insolvency in which the association was obligated to
pay covered claims, prepare a report on the history and
causes of such insolvency, based on the information available to the association, and submit such report to the commissioner. [1971 ex.s. c 265 § 11.]
48.32.120 Examination of the association. The
association shall be subject to examination and regulation by
the commissioner. The board of directors shall submit, not
later than March 30th of each year, a financial report for the
preceding calendar year in a form approved by the commissioner. [1971 ex.s. c 265 § 12.]
48.32.130 Tax exemption. The association shall be
exempt from payment of all fees and all taxes levied by this
state or any of its subdivisions except taxes levied on real or
personal property. [1971 ex.s. c 265 § 13.]
48.32.145 Credit against premium tax for assessments paid pursuant to RCW 48.32.060(1)(c). Every
member insurer that prior to April 1, 1993, or after July 27,
1997, shall have paid one or more assessments levied
pursuant to RCW 48.32.060(1)(c) shall be entitled to take a
credit against any premium tax falling due under RCW
48.14.020. The amount of the credit shall be one-fifth of the
aggregate amount of such aggregate assessments paid during
such calendar year for each of the five consecutive calendar
years beginning with the calendar year following the
calendar year in which such assessments are paid. Whenever the allowable credit is or becomes less than one thousand
dollars, the entire amount of the credit may be offset against
the premium tax at the next time the premium tax is paid.
(2002 Ed.)
48.32.110
[1997 c 300 § 1; 1993 sp.s. c 25 § 901; 1977 ex.s. c 183 §
1; 1975-’76 2nd ex.s. c 109 § 11.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
48.32.150 Immunity. There shall be no liability on
the part of and no cause of action of any nature shall arise
against any member insurer, the association or its agents or
employees, the board of directors, or the commissioner or his
representatives for any action taken by them in the performance of their powers and duties under this chapter. [1971
ex.s. c 265 § 15.]
48.32.160 Stay of proceedings—Setting aside
judgment. All proceedings in which the insolvent insurer
is a party or is obligated to defend a party in any court in
this state shall be stayed for one hundred eighty days and
such additional time thereafter as may be fixed by the court
from the date the insolvency is determined to permit proper
defense by the association of all pending causes of action.
Any judgment under any decision, verdict, or finding based
on default of the insolvent insurer or on its failure to defend
an insured which is unsatisfied at the date the insolvency is
determined shall be set aside on the motion of the association and the association shall be permitted to defend such
claim on the merits. [1975-’76 2nd ex.s. c 109 § 8; 1971
ex.s. c 265 § 16.]
48.32.170 Termination, distribution of fund. (1)
The commissioner shall by order terminate the operation of
the Washington insurers insolvency pool as to any kind of
insurance afforded by property or casualty insurance policies
with respect to which he has found, after hearing, that there
is in effect a statutory or voluntary plan which:
(a) Is a permanent plan which is adequately funded or
for which adequate funding is provided; and
(b) Extends, or will extend to state policyholders and
residents protection and benefits with respect to insolvent
insurers not substantially less favorable and effective to such
policyholders and residents than the protection and benefits
provided with respect to such kind of insurance under this
chapter.
(2) The commissioner shall by the same such order
authorize discontinuance of future payments by insurers to
the Washington insurers insolvency pool with respect to the
same kinds of insurance: PROVIDED, That assessments and
payments shall continue, as necessary, to liquidate covered
claims of insurers adjudged insolvent prior to said order and
the related expenses not covered by such other plan.
(3) In the event the operation of any account of the
Washington insurers insolvency pool shall be so terminated
as to all kinds of insurance otherwise within its scope, the
pool as soon as possible thereafter shall distribute the
balance of the moneys and assets remaining in said account
(after discharge of the functions of the pool with respect to
prior insurer insolvencies not covered by such other plan,
together with related expenses) to the insurers which are then
writing in this state policies of the kinds of insurance
covered by such account, and which had made payments into
such account, pro rata upon the basis of the aggregate of
such payments made by the respective insurers to such
[Title 48 RCW—page 215]
48.32.170
Title 48 RCW: Insurance
account during the period of five years next preceding the
date of such order. Upon completion of such distribution
with respect to all of the accounts specified in RCW
48.32.060, this chapter shall be deemed to have expired.
[1971 ex.s. c 265 § 17.]
48.32.900 Short title. This chapter shall be known
and may be cited as the Washington Insurance Guaranty
Association Act. [1971 ex.s. c 265 § 18.]
48.32.910 Construction—1971 ex.s. c 265. This
chapter shall be liberally construed to effect the purpose
under RCW 48.32.010 which shall constitute an aid and
guide to interpretation. [1971 ex.s. c 265 § 19.]
48.32.920 Section headings not part of law. Section
headings as used in this chapter do not constitute any part of
the law. [1971 ex.s. c 265 § 22.]
48.32.930 Severability—1971 ex.s. c 265. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provisions to other persons or circumstances is not affected. [1971 ex.s. c 265 § 23.]
Chapter 48.32A
WASHINGTON LIFE AND DISABILITY
INSURANCE GUARANTY ASSOCIATION ACT
Sections
48.32A.005
48.32A.015
48.32A.025
48.32A.035
48.32A.045
48.32A.055
48.32A.065
48.32A.075
48.32A.085
48.32A.095
48.32A.105
48.32A.115
48.32A.125
48.32A.135
48.32A.145
48.32A.155
48.32A.165
48.32A.175
48.32A.185
Short title.
Purpose.
Coverage and limitations.
Construction.
Definitions.
Creation of the association.
Board of directors.
Powers and duties of the association.
Assessments.
Plan of operation.
Duties and powers of the commissioner.
Prevention of insolvencies.
Credits for assessments paid—Tax offsets.
Miscellaneous provisions.
Examination of the association—Annual report.
Tax exemptions.
Immunity.
Stay of proceedings—Reopening default judgments.
Prohibited advertisement of insurance guaranty association
act in insurance sales—Notice to policy owners.
48.32A.901 Prospective application—Savings—2001 c 50.
48.32A.902 Captions not law—2001 c 50.
Group stop loss insurance exemption: RCW 48.21.015.
48.32A.005 Short title. This chapter may be known
and cited as the Washington life and disability insurance
guaranty association act. [2001 c 50 § 1.]
48.32A.015 Purpose. (1) The purpose of this chapter
is to protect, subject to certain limitations, the persons
specified in RCW 48.32A.025(1) against failure in the
performance of contractual obligations, under life and disability insurance policies and annuity contracts specified in
[Title 48 RCW—page 216]
RCW 48.32A.025(2), because of the impairment or insolvency of the member insurer that issued the policies or contracts.
(2) To provide this protection, an association of insurers
is created to pay benefits and to continue coverages as
limited by this chapter, and members of the association are
subject to assessment to provide funds to carry out the
purpose of this chapter. [2001 c 50 § 2.]
48.32A.025 Coverage and limitations. (1) This
chapter provides coverage for the policies and contracts
specified in subsection (2) of this section as follows:
(a) To persons who, regardless of where they reside,
except for nonresident certificate holders under group
policies or contracts, are the beneficiaries, assignees, or
payees of the persons covered under (b) of this subsection;
(b) To persons who are owners of or certificate holders
under the policies or contracts, other than unallocated
annuity contracts and structured settlement annuities, and in
each case who:
(i) Are residents; or
(ii) Are not residents, but only under all of the following
conditions:
(A) The insurer that issued the policies or contracts is
domiciled in this state;
(B) The states in which the persons reside have associations similar to the association created by this chapter; and
(C) The persons are not eligible for coverage by an
association in any other state due to the fact that the insurer
was not licensed in the state at the time specified in the
state’s guaranty association law;
(c) For unallocated annuity contracts specified in
subsection (2) of this section, (a) and (b) of this subsection
do not apply, and this chapter, except as provided in (e) and
(f) of this subsection, does provide coverage to:
(i) Persons who are the owners of the unallocated
annuity contracts if the contracts are issued to or in connection with a specific benefit plan whose plan sponsor has its
principal place of business in this state; and
(ii) Persons who are owners of unallocated annuity
contracts issued to or in connection with government
lotteries if the owners are residents;
(d) For structured settlement annuities specified in
subsection (2) of this section, (a) and (b) of this subsection
do not apply, and this chapter, except as provided in (e) and
(f) of this subsection, does provide coverage to a person who
is a payee under a structured settlement annuity, or beneficiary of a payee if the payee is deceased, if the payee:
(i) Is a resident, regardless of where the contract owner
resides; or
(ii) Is not a resident, but only under both of the following conditions:
(A)(I) The contract owner of the structured settlement
annuity is a resident; or
(II) The contract owner of the structured settlement
annuity is not a resident, but the insurer that issued the
structured settlement annuity is domiciled in this state; and
the state in which the contract owner resides has an association similar to the association created by this chapter; and
(2002 Ed.)
Washington Life and Disability Insurance Guaranty Association Act
(B) Neither the payee, nor beneficiary, nor the contract
owner is eligible for coverage by the association of the state
in which the payee or contract owner resides;
(e) This chapter does not provide coverage to:
(i) A person who is a payee, or beneficiary, of a
contract owner resident of this state, if the payee, or beneficiary, is afforded any coverage by the association of another
state; or
(ii) A person covered under (c) of this subsection, if any
coverage is provided by the association of another state to
the person; and
(f) This chapter is intended to provide coverage to a
person who is a resident of this state and, in special circumstances, to a nonresident. In order to avoid duplicate
coverage, if a person who would otherwise receive coverage
under this chapter is provided coverage under the laws of
any other state, the person shall not be provided coverage
under this chapter. In determining the application of this
subsection (1)(f) in situations where a person could be
covered by the association of more than one state, whether
as an owner, payee, beneficiary, or assignee, this chapter
shall be construed in conjunction with other state laws to
result in coverage by only one association.
(2)(a) This chapter provides coverage to the persons
specified in subsection (1) of this section for direct,
nongroup life, disability, or annuity policies or contracts and
supplemental contracts to any of these, for certificates under
direct group policies and contracts, and for unallocated
annuity contracts issued by member insurers, except as
limited by this chapter. Annuity contracts and certificates
under group annuity contracts include but are not limited to
guaranteed investment contracts, deposit administration
contracts, unallocated funding agreements, allocated funding
agreements, structured settlement annuities, annuities issued
to or in connection with government lotteries, and any
immediate or deferred annuity contracts. However, any
annuity contracts that are unallocated annuity contracts are
subject to the specific provisions in this chapter for
unallocated annuity contracts.
(b) This chapter does not provide coverage for:
(i) A portion of a policy or contract not guaranteed by
the insurer, or under which the risk is borne by the policy or
contract owner;
(ii) A policy or contract of reinsurance, unless assumption certificates have been issued pursuant to the reinsurance
policy or contract;
(iii) A portion of a policy or contract to the extent that
the rate of interest on which it is based, or the interest rate,
crediting rate, or similar factor determined by use of an
index or other external reference stated in the policy or
contract employed in calculating returns or changes in value:
(A) Averaged over the period of four years prior to the
date on which the member insurer becomes an impaired or
insolvent insurer under this chapter, whichever is earlier,
exceeds the rate of interest determined by subtracting two
percentage points from Moody’s corporate bond yield
average averaged for that same four-year period or for such
lesser period if the policy or contract was issued less than
four years before the member insurer becomes an impaired
or insolvent insurer under this chapter, whichever is earlier;
and
(2002 Ed.)
48.32A.025
(B) On and after the date on which the member insurer
becomes an impaired or insolvent insurer under this chapter,
whichever is earlier, exceeds the rate of interest determined
by subtracting three percentage points from Moody’s
corporate bond yield average as most recently available;
(iv) A portion of a policy or contract issued to a plan or
program of an employer, association, or other person to
provide life, disability, or annuity benefits to its employees,
members, or others, to the extent that the plan or program is
self-funded or uninsured, including but not limited to
benefits payable by an employer, association, or other person
under:
(A) A multiple employer welfare arrangement as defined
in 29 U.S.C. Sec. 1144;
(B) A minimum premium group insurance plan;
(C) A stop-loss group insurance plan; or
(D) An administrative services only contract;
(v) A portion of a policy or contract to the extent that
it provides for:
(A) Dividends or experience rating credits;
(B) Voting rights; or
(C) Payment of any fees or allowances to any person,
including the policy or contract owner, in connection with
the service to or administration of the policy or contract;
(vi) A policy or contract issued in this state by a
member insurer at a time when it was not licensed or did not
have a certificate of authority to issue the policy or contract
in this state;
(vii) An unallocated annuity contract issued to or in
connection with a benefit plan protected under the federal
pension benefit guaranty corporation, regardless of whether
the federal pension benefit guaranty corporation has yet
become liable to make any payments with respect to the
benefit plan;
(viii) A portion of an unallocated annuity contract that
is not issued to or in connection with a specific employee,
union, or association of natural persons benefit plan or a
government lottery;
(ix) A portion of a policy or contract to the extent that
the assessments required by RCW 48.32A.085 with respect
to the policy or contract are preempted by federal or state
law;
(x) An obligation that does not arise under the express
written terms of the policy or contract issued by the insurer
to the contract owner or policy owner, including without
limitation:
(A) Claims based on marketing materials;
(B) Claims based on side letters, riders, or other
documents that were issued by the insurer without meeting
applicable policy form filing or approval requirements;
(C) Misrepresentations of or regarding policy benefits;
(D) Extra-contractual claims; or
(E) A claim for penalties or consequential or incidental
damages;
(xi) A contractual agreement that establishes the
member insurer’s obligations to provide a book value
accounting guaranty for defined contribution benefit plan
participants by reference to a portfolio of assets that is
owned by the benefit plan or its trustee, which in each case
is not an affiliate of the member insurer; or
(xii) A portion of a policy or contract to the extent it
provides for interest or other changes in value to be deter[Title 48 RCW—page 217]
48.32A.025
Title 48 RCW: Insurance
mined by the use of an index or other external reference
stated in the policy or contract, but which have not been
credited to the policy or contract, or as to which the policy
or contract owner’s rights are subject to forfeiture, as of the
date the member insurer becomes an impaired or insolvent
insurer under this chapter, whichever is earlier. If a policy’s
or contract’s interest or changes in value are credited less
frequently than annually, then for purposes of determining
the values that have been credited and are not subject to
forfeiture under this subsection (2)(b)(xii), the interest or
change in value determined by using the procedures defined
in the policy or contract will be credited as if the contractual
date of crediting interest or changing values was the date of
impairment or insolvency, whichever is earlier, and will not
be subject to forfeiture.
(3) The benefits that the association may become
obligated to cover shall in no event exceed the lesser of:
(a) The contractual obligations for which the insurer is
liable or would have been liable if it were not an impaired
or insolvent insurer; or
(b)(i) With respect to one life, regardless of the number
of policies or contracts:
(A) Five hundred thousand dollars in life insurance
death benefits, but not more than five hundred thousand
dollars in net cash surrender and net cash withdrawal values
for life insurance;
(B) In disability insurance benefits:
(I) Five hundred thousand dollars for coverages not
defined as disability income insurance or basic hospital,
medical, and surgical insurance or major medical insurance
including any net cash surrender and net cash withdrawal
values;
(II) Five hundred thousand dollars for disability income
insurance;
(III) Five hundred thousand dollars for basic hospital
medical and surgical insurance or major medical insurance;
or
(C) Five hundred thousand dollars in the present value
of annuity benefits, including net cash surrender and net cash
withdrawal values, except as provided in (ii), (iii), and (v) of
this subsection (3)(b);
(ii) With respect to each individual participating in a
governmental retirement benefit plan established under
section 401, 403(b), or 457 of the United States Internal
Revenue Code covered by an unallocated annuity contract or
the beneficiaries of each such individual if deceased, in the
aggregate, one hundred thousand dollars in present value
annuity benefits, including net cash surrender and net cash
withdrawal values;
(iii) With respect to each payee of a structured settlement annuity, or beneficiary or beneficiaries of the payee if
deceased, five hundred thousand dollars in present value
annuity benefits, in the aggregate, including net cash
surrender and net cash withdrawal values, if any;
(iv) However, in no event shall the association be
obligated to cover more than: (A) An aggregate of five
hundred thousand dollars in benefits with respect to any one
life under (i), (ii), and (iii) of this subsection (3)(b) except
with respect to benefits for basic hospital, medical, and
surgical insurance and major medical insurance under (i)(B)
of this subsection (3)(b), in which case the aggregate liability
of the association shall not exceed five hundred thousand
[Title 48 RCW—page 218]
dollars with respect to any one individual; or (B) with
respect to one owner of multiple nongroup policies of life
insurance, whether the policy owner is an individual, firm,
corporation, or other person, and whether the persons insured
are officers, managers, employees, or other persons, more
than five million dollars in benefits, regardless of the number
of policies and contracts held by the owner;
(v) With respect to either: (A) One contract owner
provided coverage under subsection (1)(d)(ii) of this section;
or (B) one plan sponsor whose plans own directly or in trust
one or more unallocated annuity contracts not included in (ii)
of this subsection (3)(b), five million dollars in benefits,
irrespective of the number of contracts with respect to the
contract owner or plan sponsor. However, in the case where
one or more unallocated annuity contracts are covered
contracts under this chapter and are owned by a trust or
other entity for the benefit of two or more plan sponsors,
coverage shall be afforded by the association if the largest
interest in the trust or entity owning the contract or contracts
is held by a plan sponsor whose principal place of business
is in this state and in no event shall the association be
obligated to cover more than five million dollars in benefits
with respect to all these unallocated contracts; or
(vi) The limitations set forth in this subsection are
limitations on the benefits for which the association is
obligated before taking into account either its subrogation
and assignment rights or the extent to which those benefits
could be provided out of the assets of the impaired or
insolvent insurer attributable to covered policies. The costs
of the association’s obligations under this chapter may be
met by the use of assets attributable to covered policies or
reimbursed to the association pursuant to its subrogation and
assignment rights.
(4) In performing its obligations to provide coverage
under RCW 48.32A.075, the association is not required to
guarantee, assume, reinsure, or perform, or cause to be
guaranteed, assumed, reinsured, or performed, the contractual
obligations of the insolvent or impaired insurer under a
covered policy or contract that do not materially affect the
economic values or economic benefits of the covered policy
or contract. [2001 c 50 § 3.]
48.32A.035 Construction. This chapter shall be
construed to effect the purpose under RCW 48.32A.015.
[2001 c 50 § 4.]
48.32A.045 Definitions. The definitions in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Account" means either of the two accounts created
under RCW 48.32A.055.
(2) "Association" means the Washington life and
disability insurance guaranty association created under RCW
48.32A.055.
(3) "Authorized assessment" or the term "authorized"
when used in the context of assessments means a resolution
by the board of directors has been passed whereby an
assessment will be called immediately or in the future from
member insurers for a specified amount. An assessment is
authorized when the resolution is passed.
(2002 Ed.)
Washington Life and Disability Insurance Guaranty Association Act
(4) "Benefit plan" means a specific employee, union, or
association of natural persons benefit plan.
(5) "Called assessment" or the term "called" when used
in the context of assessments means that a notice has been
issued by the association to member insurers requiring that
an authorized assessment be paid within the time frame set
forth within the notice. An authorized assessment becomes
a called assessment when notice is mailed by the association
to member insurers.
(6) "Commissioner" means the insurance commissioner
of this state.
(7) "Contractual obligation" means an obligation under
a policy or contract or certificate under a group policy or
contract, or portion thereof for which coverage is provided
under RCW 48.32A.025.
(8) "Covered policy" means a policy or contract or
portion of a policy or contract for which coverage is provided under RCW 48.32A.025.
(9) "Extra-contractual claims" includes, for example,
claims relating to bad faith in the payment of claims,
punitive or exemplary damages, or attorneys’ fees and costs.
(10) "Impaired insurer" means a member insurer which,
after July 22, 2001, is not an insolvent insurer, and is placed
under an order of rehabilitation or conservation by a court of
competent jurisdiction.
(11) "Insolvent insurer" means a member insurer which,
after July 22, 2001, is placed under an order of liquidation
by a court of competent jurisdiction with a finding of
insolvency.
(12) "Member insurer" means an insurer licensed, or
that holds a certificate of authority, to transact in this state
any kind of insurance for which coverage is provided under
RCW 48.32A.025, and includes an insurer whose license or
certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does
not include:
(a) A health care service contractor, whether profit or
nonprofit;
(b) A health maintenance organization;
(c) A fraternal benefit society;
(d) A mandatory state pooling plan;
(e) A mutual assessment company or other person that
operates on an assessment basis;
(f) An insurance exchange;
(g) An organization that has a certificate or license
limited to the issuance of charitable gift annuities under
RCW 48.38.010; or
(h) An entity similar to (a) through (g) of this subsection.
(13) "Moody’s corporate bond yield average" means the
monthly average corporates as published by Moody’s
investors service, inc., or any successor thereto.
(14) "Owner" of a policy or contract and "policy owner"
and "contract owner" mean the person who is identified as
the legal owner under the terms of the policy or contract or
who is otherwise vested with legal title to the policy or
contract through a valid assignment completed in accordance
with the terms of the policy or contract and properly
recorded as the owner on the books of the insurer. "Owner,"
"contract owner," and "policy owner" do not include persons
with a mere beneficial interest in a policy or contract.
(2002 Ed.)
48.32A.045
(15) "Person" means an individual, corporation, limited
liability company, partnership, association, governmental
body or entity, or voluntary organization.
(16) "Plan sponsor" means:
(a) The employer in the case of a benefit plan established or maintained by a single employer;
(b) The employee organization in the case of a benefit
plan established or maintained by an employee organization;
or
(c) In the case of a benefit plan established or maintained by two or more employers or jointly by one or more
employers and one or more employee organizations, the
association, committee, joint board of trustees, or other
similar group of representatives of the parties who establish
or maintain the benefit plan.
(17) "Premiums" means amounts or considerations, by
whatever name called, received on covered policies or
contracts less returned premiums, considerations, and deposits and less dividends and experience credits. "Premiums" does not include amounts or considerations received
for policies or contracts or for the portions of policies or
contracts for which coverage is not provided under RCW
48.32A.025(2), except that assessable premium shall not be
reduced on account of RCW 48.32A.025(2)(b)(iii) relating to
interest limitations and RCW 48.32A.025(3)(b) relating to
limitations with respect to one individual, one participant,
and one contract owner. "Premiums" does not include:
(a) Premiums in excess of five million dollars on an
unallocated annuity contract not issued under a governmental
retirement benefit plan, or its trustee, established under
section 401, 403(b), or 457 of the United States Internal
Revenue Code; or
(b) With respect to multiple nongroup policies of life
insurance owned by one owner, whether the policy owner is
an individual, firm, corporation, or other person, and whether
the persons insured are officers, managers, employees, or
other persons, premiums in excess of five million dollars
with respect to these policies or contracts, regardless of the
number of policies or contracts held by the owner.
(18)(a) "Principal place of business" of a plan sponsor
or a person other than a natural person means the single state
in which the natural persons who establish policy for the
direction, control, and coordination of the operations of the
entity as a whole primarily exercise that function, determined
by the association in its reasonable judgment by considering
the following factors:
(i) The state in which the primary executive and
administrative headquarters of the entity is located;
(ii) The state in which the principal office of the chief
executive officer of the entity is located;
(iii) The state in which the board of directors, or similar
governing person or persons, of the entity conducts the
majority of its meetings;
(iv) The state in which the executive or management
committee of the board of directors, or similar governing
person or persons, of the entity conducts the majority of its
meetings;
(v) The state from which the management of the overall
operations of the entity is directed; and
(vi) In the case of a benefit plan sponsored by affiliated
companies comprising a consolidated corporation, the state
in which the holding company or controlling affiliate has its
[Title 48 RCW—page 219]
48.32A.045
Title 48 RCW: Insurance
principal place of business as determined using the factors in
(a)(i) through (v) of this subsection.
However, in the case of a plan sponsor, if more than
fifty percent of the participants in the benefit plan are
employed in a single state, that state is the principal place of
business of the plan sponsor.
(b) The principal place of business of a plan sponsor of
a benefit plan described in subsection (16)(c) of this section
is the principal place of business of the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the benefit
plan that, in lieu of a specific or clear designation of a principal place of business, is the principal place of business of
the employer or employee organization that has the largest
investment in the benefit plan in question.
(19) "Receivership court" means the court in the
insolvent or impaired insurer’s state having jurisdiction over
the conservation, rehabilitation, or liquidation of the insurer.
(20) "Resident" means a person to whom a contractual
obligation is owed and who resides in this state on the date
of entry of a court order that determines a member insurer
to be an impaired insurer or a court order that determines a
member insurer to be an insolvent insurer, whichever occurs
first. A person may be a resident of only one state, which
in the case of a person other than a natural person is its
principal place of business. Citizens of the United States
that are either (a) residents of foreign countries, or (b)
residents of United States possessions, territories, or protectorates that do not have an association similar to the association created by this chapter, are residents of the state of
domicile of the insurer that issued the policies or contracts.
(21) "Structured settlement annuity" means an annuity
purchased in order to fund periodic payments for a plaintiff
or other claimant in payment for or with respect to personal
injury suffered by the plaintiff or other claimant.
(22) "State" means a state, the District of Columbia,
Puerto Rico, and a United States possession, territory, or
protectorate.
(23) "Supplemental contract" means a written agreement
entered into for the distribution of proceeds under a life,
disability, or annuity policy or contract.
(24) "Unallocated annuity contract" means an annuity
contract or group annuity certificate which is not issued to
and owned by an individual, except to the extent of any
annuity benefits guaranteed to an individual by an insurer
under the contract or certificate. [2001 c 50 § 5.]
48.32A.055 Creation of the association. (1) There is
created a nonprofit unincorporated legal entity to be known
as the Washington life and disability insurance guaranty
association which is composed of the commissioner ex officio and each member insurer. All member insurers must be
and remain members of the association as a condition of
their authority to transact insurance in this state. The
association shall perform its functions under the plan of
operation established and approved under RCW 48.32A.095
and shall exercise its powers through a board of directors
established under RCW 48.32A.065. For purposes of administration and assessment, the association shall maintain two
accounts:
[Title 48 RCW—page 220]
(a) The life insurance and annuity account which
includes the following subaccounts:
(i) Life insurance account;
(ii) Annuity account which includes annuity contracts
owned by a governmental retirement plan, or its trustee,
established under section 401, 403(b), or 457 of the United
States Internal Revenue Code, but otherwise excludes
unallocated annuities; and
(iii) Unallocated annuity account, which excludes
contracts owned by a governmental retirement benefit plan,
or its trustee, established under section 401, 403(b), or 457
of the United States Internal Revenue Code; and
(b) The disability insurance account.
(2) The association is under the immediate supervision
of the commissioner and is subject to the applicable provisions of the insurance laws of this state. Meetings or
records of the association may be opened to the public upon
majority vote of the board of directors of the association.
[2001 c 50 § 6.]
48.32A.065 Board of directors. (1) The board of
directors of the association consists of the commissioner ex
officio and not less than five nor more than nine member
insurers serving terms as established in the plan of operation.
The insurer members of the board are selected by member
insurers subject to the approval of the commissioner.
Vacancies on the board are filled for the remaining
period of the term by a majority vote of the remaining board
members, subject to the approval of the commissioner.
(2) In approving selections or in appointing members to
the board, the commissioner shall consider, among other
things, whether all member insurers are fairly represented.
(3) Members of the board may be reimbursed from the
assets of the association for expenses incurred by them as
members of the board of directors but members of the board
are not otherwise compensated by the association for their
services. [2001 c 50 § 7.]
48.32A.075 Powers and duties of the association.
(1) If a member insurer is an impaired insurer, the association may, in its discretion, and subject to any conditions
imposed by the association that do not impair the contractual
obligations of the impaired insurer and that are approved by
the commissioner:
(a) Guaranty, assume, or reinsure, or cause to be
guaranteed, assumed, or reinsured, any or all of the policies
or contracts of the impaired insurer; or
(b) Provide such moneys, pledges, loans, notes, guarantees, or other means as are proper to effectuate (a) of this
subsection and assure payment of the contractual obligations
of the impaired insurer pending action under (a) of this
subsection.
(2) If a member insurer is an insolvent insurer, the
association shall, in its discretion, either:
(a)(i)(A) Guaranty, assume, or reinsure, or cause to be
guaranteed, assumed, or reinsured, the policies or contracts
of the insolvent insurer; or
(B) Assure payment of the contractual obligations of the
insolvent insurer; and
(2002 Ed.)
Washington Life and Disability Insurance Guaranty Association Act
(ii) Provide moneys, pledges, loans, notes, guarantees,
or other means reasonably necessary to discharge the
association’s duties; or
(b) Provide benefits and coverages in accordance with
the following provisions:
(i) With respect to life and disability insurance policies
and annuities, assure payment of benefits for premiums
identical to the premiums and benefits, except for terms of
conversion and renewability, that would have been payable
under the policies or contracts of the insolvent insurer, for
claims incurred:
(A) With respect to group policies and contracts, not
later than the earlier of the next renewal date under those
policies or contracts or forty-five days, but in no event less
than thirty days, after the date on which the association
becomes obligated with respect to the policies and contracts;
(B) With respect to nongroup policies, contracts, and
annuities not later than the earlier of the next renewal date,
if any, under the policies or contracts or one year, but in no
event less than thirty days, from the date on which the
association becomes obligated with respect to the policies or
contracts;
(ii) Make diligent efforts to provide all known insureds
or annuitants, for nongroup policies and contracts, or group
policy owners with respect to group policies and contracts,
thirty days notice of the termination of the benefits provided;
(iii) With respect to nongroup life and disability
insurance policies and annuities covered by the association,
make diligent efforts to make available to each known
insured or annuitant, or owner if other than the insured or
annuitant, and with respect to an individual formerly insured
or formerly an annuitant under a group policy who is not
eligible for replacement group coverage, make diligent efforts to make available substitute coverage on an individual
basis in accordance with the provisions of (b)(iv) of this
subsection, if the insureds or annuitants had a right under
law or the terminated policy or annuity to convert coverage
to individual coverage or to continue an individual policy or
annuity in force until a specified age or for a specified time,
during which the insurer had no right unilaterally to make
changes in any provision of the policy or annuity or had a
right only to make changes in premium by class;
(iv)(A) The substitute coverage under (b)(iii) of this
subsection, must be offered through a solvent, admitted
insurer. In the alternative, the association in its discretion,
and subject to any conditions imposed by the association and
approved by the commissioner, may reissue the terminated
coverage;
(B) Substituted coverage must be offered without
requiring evidence of insurability, and may not provide for
any waiting period or exclusion that would not have applied
under the terminated policy;
(C) The association may reinsure any reissued policy;
(v) If the association elects to reissue terminated
coverage at a premium rate different from that charged under
the terminated policy, the premium must be set by the
association in accordance with the amount of insurance
provided and the age and class of risk, subject to approval
of the domiciliary insurance commissioner and the receivership court;
(vi) The association’s obligations with respect to
coverage under any policy of the impaired or insolvent
(2002 Ed.)
48.32A.075
insurer or under any reissued policy cease on the date the
coverage or policy is replaced by another similar policy by
the policy owner, the insured, or the association; or
(vii) When proceeding under this subsection (2)(b) with
respect to a policy or contract carrying guaranteed minimum
interest rates, the association shall assure the payment or
crediting of a rate of interest consistent with RCW
48.32A.025(2)(b)(iii).
(3) Nonpayment of premiums within thirty-one days
after the date required under the terms of any guaranteed,
assumed, or reissued policy or contract or substitute coverage terminates the association’s obligations under the policy
or coverage under this chapter with respect to the policy or
coverage, except with respect to any claims incurred or any
net cash surrender value which may be due in accordance
with the provisions of this chapter.
(4) Premiums due for coverage after entry of an order
of liquidation of an insolvent insurer belong to and are
payable at the direction of the association, and the association is liable for unearned premiums due to policy or
contract owners arising after the entry of the order.
(5) The protection provided by this chapter does not
apply when any guaranty protection is provided to residents
of this state by the laws of the domiciliary state or jurisdiction of the impaired or insolvent insurer other than this state.
(6) In carrying out its duties under subsection (2) of this
section, the association may:
(a) Subject to approval by a court in this state, impose
permanent policy or contract liens in connection with a
guarantee, assumption, or reinsurance agreement, if the
association finds that the amounts which can be assessed
under this chapter are less than the amounts needed to assure
full and prompt performance of the association’s duties
under this chapter, or that the economic or financial conditions as they affect member insurers are sufficiently adverse
to render the imposition of such permanent policy or contract
liens, are in the public interest; and
(b) Subject to approval by a court in this state, impose
temporary moratoriums or liens on payments of cash values
and policy loans, or any other right to withdraw funds held
in conjunction with policies or contracts, in addition to any
contractual provisions for deferral of cash or policy loan
value. In addition, in the event of a temporary moratorium
or moratorium charge imposed by the receivership court on
payment of cash values or policy loans, or on any other right
to withdraw funds held in conjunction with policies or
contracts, out of the assets of the impaired or insolvent
insurer, the association may defer the payment of cash
values, policy loans, or other rights by the association for the
period of the moratorium or moratorium charge imposed by
the receivership court, except for claims covered by the
association to be paid in accordance with a hardship procedure established by the liquidator or rehabilitator and
approved by the receivership court.
(7) A deposit in this state, held pursuant to law or
required by the commissioner for the benefit of creditors,
including policy owners, not turned over to the domiciliary
liquidator upon the entry of a final order of liquidation or
order approving a rehabilitation plan of an insurer domiciled
in this state or in a reciprocal state, under RCW 48.31.171,
shall be promptly paid to the association. The association is
entitled to retain a portion of any amount so paid to it equal
[Title 48 RCW—page 221]
48.32A.075
Title 48 RCW: Insurance
to the percentage determined by dividing the aggregate
amount of policy owners’ claims related to that insolvency
for which the association has provided statutory benefits by
the aggregate amount of all policy owners’ claims in this
state related to that insolvency and shall remit to the domiciliary receiver the amount so paid to the association and not
retained under this subsection. Any amount so paid to the
association less the amount not retained by it shall be treated
as a distribution of estate assets under RCW 48.31.185 or
similar provision of the state of domicile of the impaired or
insolvent insurer.
(8) If the association fails to act within a reasonable
period of time with respect to an insolvent insurer, as
provided in subsection (2) of this section, the commissioner
has the powers and duties of the association under this
chapter with respect to the insolvent insurer.
(9) The association may render assistance and advice to
the commissioner, upon the commissioner’s request, concerning rehabilitation, payment of claims, continuance of
coverage, or the performance of other contractual obligations
of an impaired or insolvent insurer.
(10) The association has standing to appear or intervene
before a court or agency in this state with jurisdiction over
an impaired or insolvent insurer concerning which the
association is or may become obligated under this chapter or
with jurisdiction over any person or property against which
the association may have rights through subrogation or otherwise. Standing extends to all matters germane to the
powers and duties of the association, including, but not
limited to, proposals for reinsuring, modifying, or guaranteeing the policies or contracts of the impaired or insolvent
insurer and the determination of the policies or contracts and
contractual obligations. The association also has the right to
appear or intervene before a court or agency in another state
with jurisdiction over an impaired or insolvent insurer for
which the association is or may become obligated or with
jurisdiction over any person or property against whom the
association may have rights through subrogation or otherwise.
(11)(a) A person receiving benefits under this chapter is
deemed to have assigned the rights under, and any causes of
action against any person for losses arising under, resulting
from, or otherwise relating to, the covered policy or contract
to the association to the extent of the benefits received
because of this chapter, whether the benefits are payments of
or on account of contractual obligations, continuation of
coverage, or provision of substitute or alternative coverages.
The association may require an assignment to it of such
rights and cause of action by any payee, policy or contract
owner, beneficiary, insured, or annuitant as a condition
precedent to the receipt of any right or benefits conferred by
this chapter upon the person.
(b) The subrogation rights of the association under this
subsection have the same priority against the assets of the
impaired or insolvent insurer as that possessed by the person
entitled to receive benefits under this chapter.
(c) In addition to (a) and (b) of this subsection, the
association has all common law rights of subrogation and
any other equitable or legal remedy that would have been
available to the impaired or insolvent insurer or owner,
beneficiary, or payee of a policy or contract with respect to
the policy or contracts, including without limitation, in the
[Title 48 RCW—page 222]
case of a structured settlement annuity, any rights of the
owner, beneficiary, or payee of the annuity, to the extent of
benefits received under this chapter, against a person
originally or by succession responsible for the losses arising
from the personal injury relating to the annuity or payment
therefor, excepting any such person responsible solely by
reason of serving as an assignee in respect of a qualified
assignment under section 130 of the United States Internal
Revenue Code.
(d) If (a) through (c) of this subsection are invalid or
ineffective with respect to any person or claim for any
reason, the amount payable by the association with respect
to the related covered obligations shall be reduced by the
amount realized by any other person with respect to the
person or claim that is attributable to the policies, or portion
thereof, covered by the association.
(e) If the association has provided benefits with respect
to a covered obligation and a person recovers amounts as to
which the association has rights as described in this subsection, the person shall pay to the association the portion of the
recovery attributable to the policies, or portion thereof,
covered by the association.
(12) In addition to the rights and powers elsewhere in
this chapter, the association may:
(a) Enter into such contracts as are necessary or proper
to carry out the provisions and purposes of this chapter;
(b) Sue or be sued, including taking any legal actions
necessary or proper to recover any unpaid assessments under
RCW 48.32A.085 and to settle claims or potential claims
against it;
(c) Borrow money to effect the purposes of this chapter;
any notes or other evidence of indebtedness of the association not in default are legal investments for domestic insurers
and may be carried as admitted assets;
(d) Employ or retain such persons as are necessary or
appropriate to handle the financial transactions of the
association, and to perform such other functions as become
necessary or proper under this chapter;
(e) Take such legal action as may be necessary or
appropriate to avoid or recover payment of improper claims;
(f) Exercise, for the purposes of this chapter and to the
extent approved by the commissioner, the powers of a
domestic life or disability insurer, but in no case may the
association issue insurance policies or annuity contracts other
than those issued to perform its obligations under this
chapter;
(g) Organize itself as a corporation or in other legal
form permitted by the laws of the state;
(h) Request information from a person seeking coverage
from the association in order to aid the association in
determining its obligations under this chapter with respect to
the person, and the person shall promptly comply with the
request; and
(i) Take other necessary or appropriate action to
discharge its duties and obligations under this chapter or to
exercise its powers under this chapter.
(13) The association may join an organization of one or
more other state associations of similar purposes, to further
the purposes and administer the powers and duties of the
association.
(14)(a) At any time within one year after the coverage
date, which is the date on which the association becomes
(2002 Ed.)
Washington Life and Disability Insurance Guaranty Association Act
responsible for the obligations of a member insurer, the
association may elect to succeed to the rights and obligations
of the member insurer, that accrue on or after the coverage
date and that relate to contracts covered, in whole or in part,
by the association, under any one or more indemnity
reinsurance agreements entered into by the member insurer
as a ceding insurer and selected by the association. However, the association may not exercise an election with respect
to a reinsurance agreement if the receiver, rehabilitator, or
liquidator of the member insurer has previously and expressly disaffirmed the reinsurance agreement. The election is
effective when notice is provided to the receiver, rehabilitator, or liquidator and to the affected reinsurers. If the
association makes an election, the following provisions apply
with respect to the agreements selected by the association:
(i) The association is responsible for all unpaid premiums due under the agreements, for periods both before and
after the coverage date, and is responsible for the performance of all other obligations to be performed after the
coverage date, in each case which relate to contracts covered, in whole or in part, by the association. The association
may charge contracts covered in part by the association,
through reasonable allocation methods, the costs for reinsurance in excess of the obligations of the association;
(ii) The association is entitled to any amounts payable
by the reinsurer under the agreements with respect to losses
or events that occur in periods after the coverage date and
that relate to contracts covered by the association, in whole
or in part. However, upon receipt of any such amounts, the
association is obliged to pay to the beneficiary under the
policy or contract on account of which the amounts were
paid a portion of the amount equal to the excess of: The
amount received by the association, over the benefits paid by
the association on account of the policy or contract, less the
retention of the impaired or insolvent member insurer
applicable to the loss or event;
(iii) Within thirty days following the association’s
election, the association and each indemnity reinsurer shall
calculate the net balance due to or from the association
under each reinsurance agreement as of the date of the
association’s election, giving full credit to all items paid by
either the member insurer, or its receiver, rehabilitator, or
liquidator, or the indemnity reinsurer during the period
between the coverage date and the date of the association’s
election. Either the association or indemnity reinsurer shall
pay the net balance due the other within five days of the
completion of this calculation. If the receiver, rehabilitator,
or liquidator has received any amounts due the association
pursuant to (a)(ii) of this subsection, the receiver, rehabilitator, or liquidator shall remit the same to the association as
promptly as practicable; and
(iv) If the association, within sixty days of the election,
pays the premiums due for periods both before and after the
coverage date that relate to contracts covered by the association, in whole or in part, the reinsurer is not entitled to
terminate the reinsurance agreements, insofar as the agreements relate to contracts covered by the association, in whole
or in part, and is not entitled to set off any unpaid premium
due for periods prior to the coverage date against amounts
due the association;
(b) In the event the association transfers its obligations
to another insurer, and if the association and the other
(2002 Ed.)
48.32A.075
insurer agree, the other insurer succeeds to the rights and
obligations of the association under (a) of this subsection
effective as of the date agreed upon by the association and
the other insurer and regardless of whether the association
has made the election referred to in (a) of this subsection.
However:
(i) The indemnity reinsurance agreements automatically
terminate for new reinsurance unless the indemnity reinsurer
and the other insurer agree to the contrary;
(ii) The obligations described in (a)(ii) of this subsection
no longer apply on and after the date the indemnity reinsurance agreement is transferred to the third party insurer; and
(iii) This subsection (14)(b) does not apply if the
association has previously expressly determined in writing
that it will not exercise the election referred to in (a) of this
subsection;
(c) The provisions of this subsection supersede the
provisions of any law of this state or of any affected
reinsurance agreement that provides for or requires any payment of reinsurance proceeds, on account of losses or events
that occur in periods after the coverage date, to the receiver,
liquidator, or rehabilitator of the insolvent member insurer.
The receiver, rehabilitator, or liquidator remains entitled to
any amounts payable by the reinsurer under the reinsurance
agreement with respect to losses or events that occur in
periods prior to the coverage date, subject to applicable
setoff provisions; and
(d) Except as set forth under this subsection, this
subsection does not alter or modify the terms and conditions
of the indemnity reinsurance agreements of the insolvent
member insurer. This subsection does not abrogate or limit
any rights of any reinsurer to claim that it is entitled to rescind a reinsurance agreement. This subsection does not
give a policy owner or beneficiary an independent cause of
action against an indemnity reinsurer that is not otherwise set
forth in the indemnity reinsurance agreement.
(15) The board of directors of the association has
discretion and may exercise reasonable business judgment to
determine the means by which the association provides the
benefits of this chapter in an economical and efficient
manner.
(16) When the association has arranged or offered to
provide the benefits of this chapter to a covered person
under a plan or arrangement that fulfills the association’s
obligations under this chapter, the person is not entitled to
benefits from the association in addition to or other than
those provided under the plan or arrangement.
(17) Venue in a suit against the association arising
under this chapter is in the county in which liquidation or
rehabilitation proceedings have been filed in the case of a
domestic insurer. In other cases, venue is in King county or
Thurston county. The association is not required to give an
appeal bond in an appeal that relates to a cause of action
arising under this chapter.
(18) In carrying out its duties in connection with
guaranteeing, assuming, or reinsuring policies or contracts
under subsection (1) or (2) of this section, the association
may, subject to approval of the receivership court, issue
substitute coverage for a policy or contract that provides an
interest rate, crediting rate, or similar factor determined by
use of an index or other external reference stated in the
policy or contract employed in calculating returns or changes
[Title 48 RCW—page 223]
48.32A.075
Title 48 RCW: Insurance
in value by issuing an alternative policy or contract in
accordance with the following provisions:
(a) In lieu of the index or other external reference
provided for in the original policy or contract, the alternative
policy or contract provides for: (i) A fixed interest rate;
(ii) payment of dividends with minimum guarantees; or
(iii) a different method for calculating interest or changes in
value;
(b) There is no requirement for evidence of insurability,
waiting period, or other exclusion that would not have
applied under the replaced policy or contract; and
(c) The alternative policy or contract is substantially
similar to the replaced policy or contract in all other material
terms. [2001 c 50 § 8.]
48.32A.085 Assessments. (1) For the purpose of
providing the funds necessary to carry out the powers and
duties of the association, the board of directors shall assess
the member insurers, separately for each account, at such
time and for such amounts as the board finds necessary.
Assessments are due not less than thirty days after prior
written notice to the member insurers and accrue interest at
twelve percent per annum on and after the due date.
(2) There are two classes of assessments, as follows:
(a) Class A assessments are authorized and called for
the purpose of meeting administrative and legal costs and
other expenses. Class A assessments may be authorized and
called whether or not related to a particular impaired or
insolvent insurer; and
(b) Class B assessments are authorized and called to the
extent necessary to carry out the powers and duties of the
association under RCW 48.32A.075 with regard to an
impaired or an insolvent insurer.
(3)(a) The amount of a class A assessment is determined
by the board and may be authorized and called on a pro rata
or nonpro rata basis. If pro rata, the board may provide that
it be credited against future class B assessments. The total
of all nonpro rata assessments may not exceed one hundred
fifty dollars per member insurer in any one calendar year.
The amount of a class B assessment may be allocated for
assessment purposes among the accounts pursuant to an
allocation formula which may be based on the premiums or
reserves of the impaired or insolvent insurer or any other
standard determined by the board to be fair and reasonable
under the circumstances.
(b) Class B assessments against member insurers for
each account and subaccount must be in the proportion that
the premiums received on business in this state by each
assessed member insurer on policies or contracts covered by
each account for the three most recent calendar years for
which information is available preceding the year in which
the insurer became insolvent or, in the case of an assessment
with respect to an impaired insurer, the three most recent
calendar years for which information is available preceding
the year in which the insurer became impaired, bears to
premiums received on business in this state for those
calendar years by all assessed member insurers.
(c) Assessments for funds to meet the requirements of
the association with respect to an impaired or insolvent
insurer may not be authorized or called until necessary to
implement the purposes of this chapter. Classification of
[Title 48 RCW—page 224]
assessments under subsection (2) of this section and computation of assessments under this subsection must be made
with a reasonable degree of accuracy, recognizing that exact
determinations are not always possible. The association shall
notify each member insurer of its anticipated pro rata share
of an authorized assessment not yet called within one
hundred eighty days after the assessment is authorized.
(4) The association may abate or defer, in whole or in
part, the assessment of a member insurer if, in the opinion
of the board, payment of the assessment would endanger the
ability of the member insurer to fulfill its contractual
obligations. In the event an assessment against a member
insurer is abated, or deferred in whole or in part, the amount
by which the assessment is abated or deferred may be
assessed against the other member insurers in a manner
consistent with the basis for assessments set forth in this
section. Once the conditions that caused a deferral have
been removed or rectified, the member insurer shall pay all
assessments that were deferred pursuant to a repayment plan
approved by the association.
(5)(a)(i) Subject to the provisions of (a)(ii) of this
subsection, the total of all assessments authorized by the
association with respect to a member insurer for each
subaccount of the life insurance and annuity account and for
the health account may not in one calendar year exceed two
percent of that member insurer’s average annual premiums
received in this state on the policies and contracts covered
by the subaccount or account during the three calendar years
preceding the year in which the insurer became an impaired
or insolvent insurer.
(ii) If two or more assessments are authorized in one
calendar year with respect to insurers that become impaired
or insolvent in different calendar years, the average annual
premiums for purposes of the aggregate assessment percentage limitation in (a)(i) of this subsection must be equal and
limited to the higher of the three-year average annual
premiums for the applicable subaccount or account as
calculated under this section.
(iii) If the maximum assessment, together with the other
assets of the association in an account, does not provide in
one year in either account an amount sufficient to carry out
the responsibilities of the association, the necessary additional funds must be assessed as soon thereafter as permitted by
this chapter.
(b) The board may provide in the plan of operation a
method of allocating funds among claims, whether relating
to one or more impaired or insolvent insurers, when the
maximum assessment is insufficient to cover anticipated
claims.
(c) If the maximum assessment for a subaccount of the
life and annuity account in one year does not provide an
amount sufficient to carry out the responsibilities of the
association, then under subsection (3)(b) of this section, the
board shall access the other subaccounts of the life and
annuity account for the necessary additional amount, subject
to the maximum stated in (a) of this subsection.
(6) The board may, by an equitable method as established in the plan of operation, refund to member insurers,
in proportion to the contribution of each insurer to that
account, the amount by which the assets of the account
exceed the amount the board finds is necessary to carry out
during the coming year the obligations of the association
(2002 Ed.)
Washington Life and Disability Insurance Guaranty Association Act
with regard to that account, including assets accruing from
assignment, subrogation, net realized gains, and income from
investments. A reasonable amount may be retained in any
account to provide funds for the continuing expenses of the
association and for future losses claims.
(7) Any member insurer may when determining its
premium rates and policy owner dividends, as to any kind of
insurance within the scope of this chapter, consider the
amount reasonably necessary to meet its assessment obligations under this chapter.
(8) The association shall issue to each insurer paying an
assessment under this chapter, other than a class A assessment, a certificate of contribution, in a form prescribed by
the commissioner, for the amount of the assessment paid.
All outstanding certificates must be of equal dignity and
priority without reference to amounts or dates of issue. A
certificate of contribution may be shown by the insurer in its
financial statement as an asset in such form and for such
amount, if any, and period of time as the commissioner may
approve.
(9)(a) A member insurer that wishes to protest all or
part of an assessment shall pay when due the full amount of
the assessment as set forth in the notice provided by the
association. The payment is available to meet association
obligations during the pendency of the protest or any
subsequent appeal. Payment must be accompanied by a
statement in writing that the payment is made under protest
and setting forth a brief statement of the grounds for the
protest.
(b) Within sixty days following the payment of an
assessment under protest by a member insurer, the association shall notify the member insurer in writing of its determination with respect to the protest unless the association
notifies the member insurer that additional time is required
to resolve the issues raised by the protest.
(c) Within thirty days after a final decision has been
made, the association shall notify the protesting member
insurer in writing of that final decision. Within sixty days
of receipt of notice of the final decision, the protesting
member insurer may appeal that final action to the commissioner.
(d) In the alternative to rendering a final decision with
respect to a protest based on a question regarding the
assessment base, the association may refer protests to the
commissioner for a final decision, with or without a recommendation from the association.
(e) If the protest or appeal on the assessment is upheld,
the amount paid in error or excess must be returned to the
member company. Interest on a refund due a protesting
member must be paid at the rate actually earned by the
association.
(10) The association may request information of
member insurers in order to aid in the exercise of its power
under this section and member insurers shall promptly
comply with a request. [2001 c 50 § 9.]
48.32A.095 Plan of operation. (1)(a) The association
shall submit to the commissioner a plan of operation and any
amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The
plan of operation and any amendments are effective upon the
(2002 Ed.)
48.32A.085
commissioner’s written approval or unless it has not been
disapproved within thirty days.
(b) If the association fails to submit a suitable plan of
operation within one hundred twenty days following July 22,
2001, or if at any time thereafter the association fails to
submit suitable amendments to the plan, the commissioner
shall, after notice and hearing, adopt reasonable rules as
necessary or advisable to effectuate the provisions of this
chapter. The rules continue in force until modified by the
commissioner or superseded by a plan submitted by the
association and approved by the commissioner.
(2) All member insurers shall comply with the plan of
operation.
(3) The plan of operation must, in addition to requirements enumerated elsewhere in this chapter:
(a) Establish procedures for handling the assets of the
association;
(b) Establish the amount and method of reimbursing
members of the board of directors under RCW 48.32A.065;
(c) Establish regular places and times for meetings
including telephone conference calls of the board of directors;
(d) Establish procedures for records to be kept of all
financial transactions of the association, its agents, and the
board of directors;
(e) Establish the procedures whereby selections for the
board of directors are made and submitted to the commissioner;
(f) Establish any additional procedures for assessments
under RCW 48.32A.085; and
(g) Contain additional provisions necessary or proper for
the execution of the powers and duties of the association.
(4) The plan of operation may provide that any or all
powers and duties of the association, except those under
RCW 48.32A.075(12)(c) and 48.32A.085, are delegated to
a corporation, association, or other organization which
performs or will perform functions similar to those of this
association, or its equivalent, in two or more states. Such a
corporation, association, or organization must be reimbursed
for any payments made on behalf of the association and
must be paid for its performance of any function of the
association. A delegation under this subsection takes effect
only with the approval of both the board of directors and the
commissioner, and may be made only to a corporation,
association, or organization which extends protection not
substantially less favorable and effective than that provided
by this chapter. [2001 c 50 § 10.]
48.32A.105 Duties and powers of the commissioner.
(1) In addition to the duties and powers enumerated elsewhere in this chapter, the commissioner shall:
(a) Upon request of the board of directors, provide the
association with a statement of the premiums in this and
other appropriate states for each member insurer;
(b) When an impairment is declared and the amount of
the impairment is determined, serve a demand upon the
impaired insurer to make good the impairment within a
reasonable time; notice to the impaired insurer constitutes
notice to its shareholders, if any; the failure of the insurer to
promptly comply with such a demand does not excuse the
[Title 48 RCW—page 225]
48.32A.105
Title 48 RCW: Insurance
association from the performance of its powers and duties
under this chapter; and
(c) In any liquidation or rehabilitation proceeding
involving a domestic insurer, be appointed as the liquidator
or rehabilitator.
(2) In addition to the duties and powers enumerated
elsewhere in this chapter, the commissioner may suspend or
revoke, after notice and hearing, the certificate of authority
to transact insurance in this state of any member insurer
which fails to pay an assessment when due or fails to
comply with the plan of operation. As an alternative the
commissioner may levy a forfeiture on any member insurer
that fails to pay an assessment when due. The forfeiture
may not exceed five percent of the unpaid assessment per
month, but no forfeiture may be less than one hundred
dollars per month.
(3) A final action by the board of directors of the
association may be appealed to the commissioner by a
member insurer if the appeal is taken within sixty days of
the member insurer’s receipt of notice of the final action
being appealed. A final action or order of the commissioner
is subject to judicial review in a court of competent jurisdiction in accordance with the laws of this state that apply to
the actions or orders of the commissioner.
(4) The liquidator, rehabilitator, or conservator of an impaired insurer may notify all interested persons of the effect
of this chapter. [2001 c 50 § 11.]
48.32A.115 Prevention of insolvencies. The commissioner shall aid in the detection and prevention of insurer
insolvencies or impairments.
(1) It is the duty of the commissioner to:
(a) Notify the commissioners of all the other states,
territories of the United States, and the District of Columbia
within thirty days following the action taken or the date the
action occurs, when the commissioner takes any of the
following actions against a member insurer:
(i) Revocation of license;
(ii) Suspension of license; or
(iii) Makes a formal order that the company restrict its
premium writing, obtain additional contributions to surplus,
withdraw from the state, reinsure all or any part of its
business, or increase capital, surplus, or any other account
for the security of policy owners or creditors;
(b) Report to the board of directors when the commissioner has taken any of the actions set forth in (a) of this
subsection or has received a report from any other commissioner indicating that any such action has been taken in another state. The report to the board of directors must contain
all significant details of the action taken or the report
received from another commissioner;
(c) Report to the board of directors when the commissioner has reasonable cause to believe from an examination,
whether completed or in process, of any member insurer that
the insurer may be an impaired or insolvent insurer; and
(d) Furnish to the board of directors the national
association of insurance commissioners insurance regulatory
information system ratios and listings of companies not
included in the ratios developed by the national association
of insurance commissioners, and the board may use the
information contained therein in carrying out its duties and
[Title 48 RCW—page 226]
responsibilities under this section. The report and the
information must be kept confidential by the board of
directors until such time as made public by the commissioner
or other lawful authority.
(2) The commissioner may seek the advice and recommendations of the board of directors concerning any matter
affecting the duties and responsibilities of the commissioner
regarding the financial condition of member insurers and
companies seeking admission to transact insurance business
in this state.
(3) The board of directors may, upon majority vote,
make reports and recommendations to the commissioner
upon any matter germane to the solvency, liquidation,
rehabilitation, or conservation of any member insurer or
germane to the solvency of any company seeking to do an
insurance business in this state. The reports and recommendations are not public documents.
(4) The board of directors may, upon majority vote,
notify the commissioner of any information indicating a
member insurer may be an impaired or insolvent insurer.
(5) The board of directors may, upon majority vote,
make recommendations to the commissioner for the detection
and prevention of insurer insolvencies. [2001 c 50 § 12.]
48.32A.125 Credits for assessments paid—Tax
offsets. (1) A member insurer may offset against its
premium tax liability to this state an assessment described in
RCW 48.32A.085(8) to the extent of twenty percent of the
amount of the assessment for each of the five calendar years
following the year in which the assessment was paid. In the
event a member insurer ceases doing business, all uncredited
assessments may be credited against its premium tax liability
for the year it ceases doing business.
(2) Any sums that are acquired by refund, under RCW
48.32A.085(6), from the association by member insurers, and
that have been offset against premium taxes as provided in
subsection (1) of this section, must be paid by the insurers
to the commissioner and then deposited with the state
treasurer for credit to the general fund of the state of
Washington. The association shall notify the commissioner
that refunds have been made. [2001 c 50 § 13.]
48.32A.135 Miscellaneous provisions. (1) This
chapter does not reduce the liability for unpaid assessments
of the insureds of an impaired or insolvent insurer operating
under a plan with assessment liability.
(2) Records must be kept of all meetings of the board
of directors to discuss the activities of the association in
carrying out its powers and duties under RCW 48.32A.075.
The records of the association with respect to an impaired or
insolvent insurer may not be disclosed prior to the termination of a liquidation, rehabilitation, or conservation
proceeding involving the impaired or insolvent insurer, upon
the termination of the impairment or insolvency of the
insurer, or upon the order of a court of competent jurisdiction. This subsection does not limit the duty of the association to render a report of its activities under RCW
48.32A.145.
(3) For the purpose of carrying out its obligations under
this chapter, the association is a creditor of the impaired or
insolvent insurer to the extent of assets attributable to
(2002 Ed.)
Washington Life and Disability Insurance Guaranty Association Act
covered policies reduced by any amounts to which the
association is entitled as subrogee under RCW
48.32A.075(11). Assets of the impaired or insolvent insurer
attributable to covered policies must be used to continue all
covered policies and pay all contractual obligations of the
impaired or insolvent insurer as required by this chapter.
Assets attributable to covered policies, as used in this
subsection, are that proportion of the assets which the reserves that should have been established for such policies
bear to the reserves that should have been established for all
policies of insurance written by the impaired or insolvent
insurer.
(4) As a creditor of the impaired or insolvent insurer as
established in subsection (3) of this section, the association
and other similar associations are entitled to receive a
disbursement of assets out of the marshaled assets, from time
to time as the assets become available to reimburse it, as a
credit against contractual obligations under this chapter. If
the liquidator has not, within one hundred twenty days of a
final determination of insolvency of an insurer by the receivership court, made an application to the court for the
approval of a proposal to disburse assets out of marshaled
assets to guaranty associations having obligations because of
the insolvency, then the association is entitled to make
application to the receivership court for approval of its own
proposal to disburse these assets.
(5)(a) Prior to the termination of any liquidation,
rehabilitation, or conservation proceeding, the court may take
into consideration the contributions of the respective parties,
including the association, the shareholders, and the policy
owners of the insolvent insurer, and any other party with a
bona fide interest, in making an equitable distribution of the
ownership rights of the insolvent insurer. In such a determination, consideration must be given to the welfare of the
policy owners of the continuing or successor insurer.
(b) A distribution to stockholders, if any, of an impaired
or insolvent insurer shall not be made until and unless the
total amount of valid claims of the association with interest
thereon for funds expended in carrying out its powers and
duties under RCW 48.32A.075 with respect to the insurer
have been fully recovered by the association.
(6)(a) If an order for liquidation or rehabilitation of an
insurer domiciled in this state has been entered, the receiver
appointed under the order has a right to recover on behalf of
the insurer, from any affiliate that controlled it, the amount
of distributions, other than stock dividends paid by the
insurer on its capital stock, made at any time during the five
years preceding the petition for liquidation or rehabilitation
subject to the limitations of (b) through (d) of this subsection.
(b) A distribution is not recoverable if the insurer shows
that when paid the distribution was lawful and reasonable,
and that the insurer did not know and could not reasonably
have known that the distribution might adversely affect the
ability of the insurer to fulfill its contractual obligations.
(c) Any person who was an affiliate that controlled the
insurer at the time the distributions were paid is liable up to
the amount of distributions received. Any person who was
an affiliate that controlled the insurer at the time the distributions were declared, is liable up to the amount of distributions which would have been received if they had been paid
immediately. If two or more persons are liable with respect
(2002 Ed.)
48.32A.135
to the same distributions, they are jointly and severally
liable.
(d) The maximum amount recoverable under this
subsection is the amount needed in excess of all other
available assets of the insolvent insurer to pay the contractual obligations of the insolvent insurer.
(e) If any person liable under (c) of this subsection is
insolvent, all its affiliates that controlled it at the time the
distribution was paid are jointly and severally liable for any
resulting deficiency in the amount recovered from the
insolvent affiliate. [2001 c 50 § 14.]
48.32A.145 Examination of the association—Annual
report. The association is subject to examination and
regulation by the commissioner. The board of directors shall
submit to the commissioner each year, not later than one
hundred eighty days after the association’s fiscal year, a
financial report in a form approved by the commissioner and
a report of its activities during the preceding fiscal year.
Upon the request of a member insurer, the association shall
provide the member insurer with a copy of the report. [2001
c 50 § 15.]
48.32A.155 Tax exemptions. The association is
exempt from payment of all fees and all taxes levied by this
state or any of its subdivisions, except taxes levied on real
property. [2001 c 50 § 16.]
48.32A.165 Immunity. There is no liability on the
part of and no cause of action of any nature may arise
against any member insurer or its agents or employees, the
association or its agents or employees, members of the board
of directors, or the commissioner or the commissioner’s
representatives, for any action or omission by them in the
performance of their powers and duties under this chapter.
Immunity extends to the participation in any organization of
one or more other state associations of similar purposes and
to any such organization and its agents or employees. [2001
c 50 § 17.]
48.32A.175 Stay of proceedings—Reopening default
judgments. All proceedings in which the insolvent insurer
is a party in any court in this state are stayed sixty days
from the date an order of liquidation, rehabilitation, or
conservation is final to permit proper legal action by the
association on any matters germane to its powers or duties.
As to judgment under any decision, order, verdict, or finding
based on default the association may apply to have such a
judgment set aside by the same court that made such a
judgment and must be permitted to defend against the suit on
the merits. [2001 c 50 § 18.]
48.32A.185 Prohibited advertisement of insurance
guaranty association act in insurance sales—Notice to
policy owners. (1) No person, including an insurer, agent,
or affiliate of an insurer may make, publish, disseminate,
circulate, or place before the public, or cause directly or
indirectly, to be made, published, disseminated, circulated,
or placed before the public, in any newspaper, magazine, or
other publication, or in the form of a notice, circular,
pamphlet, letter, or poster, or over any radio station or
[Title 48 RCW—page 227]
48.32A.185
Title 48 RCW: Insurance
television station, or in any other way, any advertisement,
announcement, or statement, written or oral, which uses the
existence of the insurance guaranty association of this state
for the purpose of sales, solicitation, or inducement to
purchase any form of insurance covered by the Washington
life and disability insurance guaranty association act.
However, this section does not apply to the Washington life
and disability insurance guaranty association or any other
entity which does not sell or solicit insurance.
(2) Within one hundred eighty days after July 22, 2001,
the association shall prepare a summary document describing
the general purposes and current limitations of this chapter
and complying with subsection (3) of this section. This
document must be submitted to the commissioner for
approval. The document must also be available upon request
by a policy owner. The distribution, delivery, contents, or
interpretation of this document does not guarantee that either
the policy or the contract or the owner of the policy or contract is covered in the event of the impairment or insolvency
of a member insurer. The description document must be
revised by the association as amendments to this chapter
may require. Failure to receive this document does not give
the policy owner, contract owner, certificate holder, or
insured any greater rights than those stated in this chapter.
(3) The document prepared under subsection (2) of this
section must contain a clear and conspicuous disclaimer on
its face. The commissioner shall establish the form and
content of the disclaimer. The disclaimer must:
(a) State the name and address of the life and disability
insurance guaranty association and insurance department;
(b) Prominently warn the policy or contract owner that
the life and disability insurance guaranty association may not
cover the policy or, if coverage is available, it is subject to
substantial limitations and exclusions and conditioned on
continued residence in this state;
(c) State the types of policies for which guaranty funds
provide coverage;
(d) State that the insurer and its agents are prohibited by
law from using the existence of the life and disability
insurance guaranty association for the purpose of sales,
solicitation, or inducement to purchase any form of insurance;
(e) State that the policy or contract owner should not
rely on coverage under the life and disability insurance
guaranty association when selecting an insurer;
(f) Explain rights available and procedures for filing a
complaint to allege a violation of any provisions of this
chapter; and
(g) Provide other information as directed by the commissioner including but not limited to, sources for information about the financial condition of insurers provided that
the information is not proprietary and is subject to disclosure
under chapter 42.17 RCW.
(4) A member insurer must retain evidence of compliance with subsection (2) of this section for as long as the
policy or contract for which the notice is given remains in
effect. [2001 c 50 § 19.]
48.32A.901 Prospective application—Savings—2001
c 50. (1) This chapter does not apply to any impaired
insurer that was under an order of rehabilitation or conser[Title 48 RCW—page 228]
vation, or to any insolvent insurer that was placed under an
order of liquidation, prior to July 22, 2001.
(2) Any section repealed in this act pertaining to the
powers and obligations of the association, reinsurance and
guaranty of policies, assessments, and premium tax offsets
shall apply to impaired insurers placed under an order of
rehabilitation or conservation, and to insolvent insurers
placed under an order of liquidation, prior to July 22, 2001.
[2001 c 50 § 20.]
48.32A.902 Captions not law—2001 c 50. Captions
used in this act are not any part of the law. [2001 c 50 §
21.]
Chapter 48.34
CREDIT LIFE INSURANCE AND CREDIT
ACCIDENT AND HEALTH INSURANCE
Sections
48.34.010
48.34.020
48.34.030
48.34.040
48.34.050
48.34.060
48.34.070
48.34.080
48.34.090
48.34.100
48.34.110
48.34.120
48.34.900
48.34.910
Declaration of purpose—Liberal construction.
Chapter part of insurance code—What insurance subject to
chapter.
Definitions.
Authorized forms.
Life—Limitation on amount under individual policy.
Life—Limitation on amount repayable under group policy.
Accident and health—Limitation on amount.
Commencement, termination date of term.
Policy or certificate—Contents—Delivery, copy of application or notice in lieu—Substitute insurer, premium, etc.,
on rejection.
Filing policies, notices, riders, etc.—Approval by commissioner—Preexisting policies—Forms.
Refunds—Credits—Charges to debtor.
Debtor’s right to furnish and obtain own insurance.
Severability—1961 c 219.
Small loan act [Consumer finance act] not affected.
48.34.010 Declaration of purpose—Liberal construction. The purpose of this chapter is to promote the
public welfare by regulating credit life insurance and credit
accident and health insurance. Nothing in this chapter is
intended to prohibit or discourage reasonable competition.
The provisions of this chapter shall be liberally construed.
[1961 c 219 § 1.]
48.34.020 Chapter part of insurance code—What
insurance subject to chapter. (1) This chapter is a part of
the insurance code.
(2) All life insurance and all accident and health
insurance in connection with loans or other credit transactions shall be subject to the provisions of this chapter, except
such insurance under an individual policy in connection with
a loan or other credit transaction of more than ten years
duration. Insurance shall not be subject to the provisions of
this chapter where its issuance is an isolated transaction on
the part of the insurer not related to an agreement or a plan
for insuring debtors of the creditor. [1969 ex.s. c 241 § 14;
1961 c 219 § 2.]
48.34.030 Definitions. For the purpose of this
chapter: (1) "Credit life insurance" means insurance on the
(2002 Ed.)
Credit Life Insurance and Credit Accident and Health Insurance
life of a debtor pursuant to or in connection with a specific
loan or other credit transaction;
(2) "Credit accident and health insurance" means
insurance on a debtor to provide indemnity for payments
becoming due on a specific loan or other credit transaction
while the debtor is disabled as defined in the policy;
(3) "Creditor" means the lender of money or vendor or
lessor of goods, services, properties, rights, or privileges, for
which payment is arranged through a credit transaction, or
any successor to the right, title, or interest of any such
lender, vendor, or lessor, and an affiliate, associate, or
subsidiary of any of them or a director, officer, or employee
of any of them or any other person in any way associated
with any of them;
(4) "Debtor" means a borrower of money or a purchaser
or lessee of goods, services, properties, rights, or privileges
for which payment is arranged through a credit transaction;
(5) "Indebtedness" means the total amount payable by
a debtor to a creditor in connection with the loan or other
credit transaction. [1961 c 219 § 3.]
48.34.040 Authorized forms. Credit life insurance
and credit accident and health insurance shall be issued only
in the following forms:
(1) Individual policies of life insurance issued to debtors
on the term plan;
(2) Individual policies of accident and health insurance
issued to debtors on a term plan, or disability benefit
provisions in individual policies of credit life insurance;
(3) Group policies of life insurance issued to creditors
providing insurance upon the lives of debtors on the term
plan;
(4) Group policies of accident and health insurance
issued to creditors on a term plan insuring debtors, or
disability benefit provisions in group credit life insurance
policies to provide such coverage. [1961 c 219 § 4.]
48.34.050 Life—Limitation on amount under
individual policy. The initial amount of credit life insurance under an individual policy shall not exceed the total
amount repayable under the contract of indebtedness. Where
an indebtedness is repayable in substantially equal installments, the amount of insurance shall at no time exceed the
scheduled or actual amount of unpaid indebtedness, whichever is greater. [1961 c 219 § 5.]
48.34.060 Life—Limitation on amount repayable
under group policy. The initial amount of credit life
insurance under a group policy shall at no time exceed the
amount owed by the debtor which is repayable in installments to the creditor. [1987 c 130 § 1; 1983 1st ex.s. c 32
§ 23; 1977 c 61 § 2; 1967 ex.s. c 82 § 1; 1961 c 219 § 6.]
48.34.070 Accident and health—Limitation on
amount. The total amount of periodic indemnity payable by
credit accident and health insurance in the event of disability,
as defined in the policy, shall not exceed the aggregate of
the periodic scheduled unpaid installments of the indebtedness; and the amount of such periodic indemnity payment
shall not exceed the original indebtedness divided by the
number of periodic installments. [1961 c 219 § 7.]
(2002 Ed.)
48.34.030
48.34.080 Commencement, termination date of
term. The term of any credit life insurance or credit
accident and health insurance shall, subject to acceptance by
the insurer, commence on the date when the debtor becomes
obligated to the creditor: PROVIDED, That, where a group
policy provides coverage with respect to existing obligations,
the insurance on a debtor with respect to such indebtedness
shall commence on the effective date of the policy. Where
evidence of insurability is required and such evidence is furnished more than thirty days after the date when the debtor
becomes obligated to the creditor, the term of the insurance
may commence on the date on which the insurance company
determines the evidence to be satisfactory, and in such event
there shall be an appropriate refund or adjustment of any
charge to the debtor for insurance. The term of such
insurance shall not extend more than fifteen days beyond the
scheduled maturity date of indebtedness, except when
extended without additional cost to the debtor. If the
indebtedness is discharged due to renewal or refinancing
prior to the scheduled maturity date, the insurance in force
shall be terminated before any new insurance may be issued
in connection with renewed or refinanced indebtedness. In
all cases of termination prior to scheduled maturity, a refund
shall be paid or credited as provided in RCW 48.34.110.
[1961 c 219 § 8.]
48.34.090 Policy or certificate—Contents—Delivery,
copy of application or notice in lieu—Substitute insurer,
premium, etc., on rejection. (1) All credit life insurance
and credit accident and health insurance shall be evidenced
by an individual policy, or in the case of group insurance by
a certificate of insurance, which individual policy or group
certificate of insurance shall be delivered to the debtor.
(2) Each individual policy or group certificate of credit
life insurance, and/or credit accident and health insurance
shall, in addition to other requirements of law, set forth the
name and home office address of the insurer, the name or
names of the debtor or in the case of a certificate under a
group policy, the identity by name or otherwise of the
debtor, the premium or amount of payment, if any, by the
debtor separately for credit life insurance and credit accident
and health insurance, a description of the coverage including
the amount and term thereof, and any exceptions, limitations
and restrictions, and shall state that the benefits shall be paid
to the creditor to reduce or extinguish the unpaid indebtedness and, wherever the amount of insurance exceeds the
unpaid indebtedness, that any such excess shall be payable
to a beneficiary, other than the creditor, named by the debtor
or to the debtor’s estate. With respect to any policy issued
after September 8, 1975, credit life insurance shall not be
subject to any exceptions or reductions other than for fraud,
or for suicide occurring within two years of the effective
date of the insurance.
(3) The individual policy or group certificate of insurance shall be delivered to the insured debtor at the time the
indebtedness is incurred except as provided in subsections
(4) and (5).
(4) If such individual policy or group certificate of
insurance is not delivered to the debtor at the time the
indebtedness is incurred, a copy of the application for such
policy or a notice of proposed insurance, signed by the
[Title 48 RCW—page 229]
48.34.090
Title 48 RCW: Insurance
debtor and setting forth the name and home office address of
the insurer; the name or names of the debtor; the premium
or amount of payment by the debtor, if any, separately for
credit life insurance and credit accident and health insurance;
the amount, term and a brief description of the coverage
provided, shall be delivered to the debtor at the time such
indebtedness is incurred. The copy of the application for, or
notice of proposed insurance, shall also refer exclusively to
insurance coverage, and shall be separate and apart from the
loan, sale or other credit statement of account, instrument, or
agreement, or the application for any such loan, sale or
credit, unless the information required by this subsection is
prominently set forth therein under a descriptive heading
which shall be underlined and printed in capital letters.
Upon acceptance of the insurance by the insurer and within
thirty days of the date upon which the indebtedness is
incurred, the insurer shall cause the individual policy or
group certificate of insurance to be delivered to the debtor.
The application or notice of proposed insurance shall state
that upon acceptance by the insurer, the insurance shall
become effective as provided in RCW 48.34.080.
(5) If the named insurer does not accept the risk, then
the debtor shall receive a policy or certificate of insurance
setting forth the name and home office address of the
substituted insurer and the amount of the premium to be
charged, and if the amount of premium is less than that set
forth in the notice of proposed insurance an appropriate
refund shall be made. [1975 1st ex.s. c 266 § 13; 1961 c
219 § 9.]
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
48.34.100 Filing policies, notices, riders, etc.—
Approval by commissioner—Preexisting policies—Forms.
(1) All policies, certificates of insurance, notices of proposed
insurance, applications for insurance, endorsements, and
riders delivered or issued for delivery in this state and the
schedules of premium rates pertaining thereto shall be filed
with the commissioner.
(2) No such policies, certificates of insurance, notices of
proposed insurance, applications for insurance, endorsements,
or riders shall be used in this state until approved by the
commissioner pursuant to RCW 48.18.100 and RCW
48.18.110. In addition to any grounds for disapproval
provided therein, the form shall be disapproved both as to
credit life and credit accident and health insurance if the
benefits provided therein are not reasonable in relation to the
premium charged.
(3) If a group policy of credit life insurance or credit
accident and health insurance has been delivered in this state
before midnight, June 7, 1961, on the first anniversary date
following such time the terms of the policy as they apply to
persons newly insured thereafter shall be rewritten to
conform with the provisions of this chapter.
(4) If a group policy has been or is delivered in another
state before or after August 11, 1969, the forms to be filed
by the insurer with the commissioner are the group certificates and notices of proposed insurance delivered or issued
for delivery in this state. He shall approve them if:
(a) They provide the information that would be required
if the group policy was delivered in this state; and
[Title 48 RCW—page 230]
(b) The applicable premium rates or charges do not
exceed those established by his rules or regulations. [1969
ex.s. c 241 § 15; 1961 c 219 § 10.]
48.34.110 Refunds—Credits—Charges to debtor.
(1) Each individual policy, or group certificate shall provide
that in the event of termination of the insurance prior to the
scheduled maturity date of the indebtedness, any refund of
an amount paid by the debtor for insurance shall be paid or
credited promptly to the person entitled thereto. The
formula to be used in computing such refund shall be filed
with and approved by the commissioner.
(2) If a creditor requires a debtor to make any payment
for credit life insurance or credit accident and health insurance and an individual policy or group certificate of insurance is not issued, the creditor shall immediately give written
notice to such debtor and shall promptly make an appropriate
credit to the account.
(3) The amount charged to a debtor for any credit life
or credit accident and health insurance shall not exceed the
premiums charged by the insurer, as computed at the time
the charge to the debtor is determined. [1961 c 219 § 11.]
48.34.120 Debtor’s right to furnish and obtain own
insurance. When the credit life insurance or credit accident
and health insurance is required in connection with any
credit transaction, the debtor shall, upon request to the creditor, have the option of furnishing the required amount of
insurance through existing policies of insurance owned or
controlled by him or of procuring and furnishing the required
coverage through any insurer authorized to transact an
insurance business within this state. [1961 c 219 § 12.]
48.34.900 Severability—1961 c 219. If any provision
of this chapter, or the application of such provision to any
person or circumstance, shall be held invalid, the remainder
of the chapter and the application of such provision to any
person or circumstance other than those as to which it is
held invalid, shall not be affected thereby. [1961 c 219 §
13.]
48.34.910 Small loan act [Consumer finance act]
not affected. Nothing in this chapter shall be construed to
permit any practice prohibited by *chapter 31.08 RCW, nor
is it intended that this chapter shall amend or repeal any provision of chapter 31.08 RCW, known as the **"Small Loan
Act". [1961 c 219 § 14.]
Reviser’s note: *(1) Chapter 31.08 RCW was repealed by 1991 c
208 § 24, effective January 1, 1993.
**(2) The "small loan act" was redesignated as the "consumer finance
act" by 1979 c 18.
Chapter 48.35
ALIEN INSURERS
Sections
48.35.010
48.35.020
48.35.030
48.35.040
48.35.050
Application—Definition.
Deposit required—Amount.
Deposit required—Duration.
Trusts created before May 17, 1991.
Alien insurer—State authorization required.
(2002 Ed.)
Alien Insurers
48.35.060
48.35.070
48.35.080
48.35.090
48.35.100
48.35.110
48.35.120
48.35.130
48.35.140
48.35.150
48.35.160
48.35.170
48.35.180
48.35.190
48.35.200
Trusteed assets—Creation—Commissioner’s approval of
trust agreement.
Trust agreement—Amendment.
Trust agreement—Withdrawal of commissioner’s approval.
Trust agreement—Vesting of trusteed assets.
Trusteed assets—Trustee’s records.
Trusteed assets—Trustee’s statements—Commissioner’s
approval.
Trusteed assets—Examination—Commissioner’s approval of
assignment or transfer.
Trusteed assets—Commissioner’s approval of withdrawals.
Trusteed assets—Substitution of trustee.
Trusteed assets—Compensation and expenses of trustees.
United States manager—Mexican or Canadian insurers.
Domestication of alien insurer—Commissioner’s approval.
Domestication agreement—Necessary authorization.
Domestication agreement—Commissioner’s approval of
corporate proceedings.
Domestication—When effective—Deposits—Transfer of
assets.
48.35.010 Application—Definition. This chapter
applies to all alien insurers using this state as a state of entry
to transact insurance in the United States.
For the purposes of this chapter, "alien insurer" has the
definition supplied in RCW 48.05.010. [1991 c 268 § 1.]
48.35.020 Deposit required—Amount. (1) An alien
insurer may use this state as a state of entry to transact
insurance in the United States by maintaining in this state a
deposit of assets in a solvent trust company or other solvent
financial institution having trust powers domiciled in this
state and so designated by the commissioner. The
commissioner’s designated depositories are authorized to receive and hold a deposit of assets. A deposit so held is at
the expense of the insurer. A solvent financial institution
domiciled in this state, the deposits of which are insured by
the federal deposit insurance corporation and which is a
member of the federal reserve system, may be designated as
the commissioner’s depository to receive and hold a deposit
of assets.
(2) The deposit, together with other trust deposits of the
insurer held in the United States for the same purpose, must
be in an amount not less than the higher of deposits required
of an alien insurer under RCW 48.05.090 or five hundred
thousand dollars and consist of eligible assets as set forth in
RCW 48.16.030.
(3) The deposit may be referred to as "trusteed assets."
[1991 c 268 § 2.]
48.35.030 Deposit required—Duration. The deposit
required by this chapter must be for the benefit, security, and
protection of the policyholders or creditors, or both, of the
insurer in the United States. It shall be maintained as long
as there is outstanding any liability of the insurer arising out
of its insurance transactions in the United States. [1991 c
268 § 4.]
48.35.040 Trusts created before May 17, 1991. All
trusts of trusteed assets created before May 17, 1991, must
be continued under the instruments creating those trusts. If
the commissioner determines that the instruments are
inconsistent with the provisions of this chapter, the insurer
(2002 Ed.)
Chapter 48.35
shall correct those inconsistencies within six months of the
commissioner’s determination. [1991 c 268 § 3.]
48.35.050 Alien insurer—State authorization
required. An alien insurer proposing to use this state as a
state of entry to transact insurance in the United States, must
be authorized to transact insurance in this state and may
make and execute any trust agreement required by this
chapter. [1991 c 268 § 6.]
48.35.060
Trusteed assets—Creation—
Commissioner’s approval of trust agreement. (1) The
alien insurer shall create the trusteed assets required by this
chapter under a written trust agreement between the insurer
and the trustee, consistent with the provisions of this chapter,
and in such form and manner as the commissioner may
designate or approve.
(2) The agreement is effective when filed with and
approved in writing by the commissioner. The commissioner shall not approve any trust agreement not found to be in
compliance with state or federal law or the terms of which
do not in fact provide reasonably adequate protection for the
insurer’s policyholders or creditors, or both, in the United
States. [1991 c 268 § 5.]
48.35.070 Trust agreement—Amendment. A trust
agreement may be amended. However, the amendment is
not effective until filed with the commissioner and the
commissioner finds and states in writing that the amendment
is in compliance with this chapter. [1991 c 268 § 7.]
48.35.080 Trust agreement—Withdrawal of
commissioner’s approval. The commissioner may withdraw his or her approval of a trust agreement, or of an
amendment to the agreement, if the commissioner determines
that the requisites for the approval no longer exist. The
determination shall be made after notice and a hearing as
provided in chapter 48.04 RCW. [1991 c 268 § 8.]
48.35.090 Trust agreement—Vesting of trusteed
assets. The trust agreement must provide that title to the
trusteed assets vests and remains vested in the trustees and
their successors for the purposes of the trust deposit. [1991
c 268 § 9.]
48.35.100 Trusteed assets—Trustee’s records. The
trustee shall keep the trusteed assets separate from other
assets and shall maintain a record sufficient to identify the
trusteed assets at all times. [1991 c 268 § 10.]
48.35.110 Trusteed assets—Trustee’s statements—
Commissioner’s approval. (1) The trustee of trusteed
assets shall file statements with the commissioner, in a form
required by the commissioner, certifying the character and
amount of the assets.
(2) If the trustee fails to file a requested statement after
a reasonable time has expired, the commissioner may
suspend or revoke the certificate of authority of the insurer
required under RCW 48.05.030. [1991 c 268 § 11.]
[Title 48 RCW—page 231]
48.35.120
Title 48 RCW: Insurance
48.35.120 Trusteed assets—Examination—
Commissioner’s approval of assignment or transfer. (1)
The commissioner may examine trusteed assets of any
insurer at any time in accordance with the same conditions
and procedures governing the examination of insurers
provided in chapter 48.03 RCW.
(2) The depositing insurer shall not assign or transfer,
voluntarily, involuntarily, or by operation of law, all or a
part of its interest in the trusteed assets without the prior
written approval of the commissioner, and a transfer or
assignment occurring without approval is void. The assignee
or transferee of the trusteed assets shall irrevocably and
automatically assume all of the obligations and liabilities of
the assignor or transferor. [1991 c 268 § 12.]
48.35.130 Trusteed assets—Commissioner’s approval of withdrawals. (1) The trust agreement must provide
that the commissioner shall authorize and approve in writing
all withdrawals of trusteed assets in advance except as follows:
(a) Any or all income, earnings, dividends, or interest
accumulations of the trusteed assets may be paid over to the
United States manager of the insurer upon request of the
insurer or the manager;
(b) Withdrawals coincident with substitutions of securities or assets that are at least equal in value to those being
withdrawn, if the substituted securities or assets would be
eligible for investment by domestic insurers, and the
insurer’s United States manager requests the withdrawal in
writing under a general or specific written authority previously given or delegated by the insurer’s board of directors,
or other similar governing body, and a copy of such authority has been filed with the trustee;
(c) For the purpose of making deposits required by
another state in which the insurer is, or becomes, an authorized insurer and for the protection of the insurer’s policyholders or creditors, or both, in the state or United States, if
the withdrawal does not reduce the insurer’s deposit in this
state to an amount less than the minimum deposit required.
The trustee shall transfer any assets withdrawn and in the
amount required to be deposited in the other state, directly
to the depositary required to receive the deposit as certified
in writing by the public official having supervision of
insurance in that state; and
(d) For the purpose of transferring the trusteed assets to
an official liquidator, conservator, or rehabilitator under an
order of a court of competent jurisdiction.
(2) The commissioner shall authorize a withdrawal of
only those assets that are in excess of the amount of assets
required to be held in trust, or as may otherwise be consistent with the provisions of this chapter.
(3) If at any time the insurer becomes insolvent or if its
assets held in the United States are less than required as
determined by the commissioner, the commissioner shall
order in writing the trustee to suspend the withdrawal of
assets until a further order of the commissioner releasing the
assets. [1991 c 268 § 13.]
48.35.140 Trusteed assets—Substitution of trustee.
A new trustee may be substituted for the original trustee of
trusteed assets in the event of a vacancy or for other proper
[Title 48 RCW—page 232]
cause. Any such substitution is subject to the
commissioner’s approval. [1991 c 268 § 14.]
48.35.150 Trusteed assets—Compensation and
expenses of trustees. The insurer shall provide for the
compensation and expenses of the trustees of assets of an
alien insurer under this chapter in an amount, or on a basis,
as agreed upon by the insurer and the trustees in the trust
agreement, subject to the prior approval of the commissioner.
[1991 c 268 § 15.]
48.35.160 United States manager—Mexican or
Canadian insurers. The provisions of this chapter applicable to a United States manager shall, in the case of insurers
domiciled in Mexico or Canada, be deemed to refer to the
president, vice-president, secretary, or treasurer of the
Mexican or Canadian insurer. [1991 c 268 § 16.]
48.35.170 Domestication of alien insurer—
Commissioner’s approval. (1) Upon compliance with this
chapter, an alien insurer authorized to do business in this
state may, with the prior written approval of the commissioner, domesticate its United States branch by entering into
an agreement in writing with a domestic insurer providing
for the acquisition by the domestic insurer of all of the assets
and the assumption of all of the liabilities of the United
States branch.
(2) The acquisition of assets and assumption of liabilities of the United States branch by the domestic insurer is
effected by filing with the commissioner an instrument or
instruments of transfer and assumption in form satisfactory
to the commissioner and executed by the alien insurer and
the domestic insurer. [1991 c 268 § 17.]
48.35.180 Domestication agreement—Necessary
authorization. (1) The domestication agreement shall be
authorized, adopted, approved, signed, and acknowledged by
the alien insurer in accordance with the laws of the country
under which it is organized.
(2) In the case of a domestic insurer, the domestication
agreement shall be approved, adopted, and authorized by its
board of directors and executed by its president or a vicepresident and attested by its secretary or assistant secretary
under its corporate seal. [1991 c 268 § 18.]
48.35.190
Domestication agreement—
Commissioner’s approval of corporate proceedings. An
executed counterpart of the domestication agreement,
together with certified copies of the corporate proceedings of
the domestic insurer and the alien insurer, approving,
adopting, and authorizing the execution of the domestication
agreement, shall be submitted to the commissioner for
approval. The commissioner shall thereupon consider the
agreement, and, if the commissioner finds that the same is
in accordance with the provisions hereof and that the
interests of the policyholders of the United States branch of
the alien insurer and of the domestic insurer are not materially adversely affected, the commissioner shall approve the
domestication agreement and authorize the consummation
thereof. [1991 c 268 § 19.]
(2002 Ed.)
Alien Insurers
48.35.200 Domestication—When effective—
Deposits—Transfer of assets. (1) Upon the filing with the
commissioner of a certified copy of the instrument of
transfer and assumption pursuant to which a domestic
company succeeds to the business and assets of the United
States branch of an alien insurer and assumes all its liabilities, the domestication of the United States branch is deemed
effective; and all the rights, franchises, and interests of the
United States branch in and to every species of property and
things, in actions thereunder belonging, are deemed as
transferred to and vested in the domestic insurer, and
simultaneously the domestic insurer is deemed to have
assumed all of the liabilities of the United States branch.
The domestic insurer is considered as having the age as the
oldest of the two parties to the domestication agreement for
purposes of laws relating to age of company.
(2) All deposits of the United States branch held by the
commissioner, or by state officers, or other state regulatory
agencies pursuant to requirements of state laws, are deemed
to be held as security for the satisfaction by the domestic
insurer of all liabilities to policyholders within the United
States assumed from the United States branch; and the deposits are deemed to be assets of the domestic insurer and
are reported as such in the annual financial statements and
other reports that the domestic insurer may be required to
file. Upon the ultimate release by a state officer or agency
of a deposit, the securities and cash constituting the released
deposit is delivered and paid over to the domestic insurer as
the lawful successor in interest to the United States branch.
(3) Contemporaneously with the consummation of the
domestication of the United States branch, the commissioner
shall direct the trustee, if any, of the United States branch’s
trusteed assets, as set forth in RCW 48.35.020, to transfer
and deliver to the domestic insurer all assets, if any, held by
such trustee. [1991 c 268 § 20.]
Chapter 48.36A
FRATERNAL BENEFIT SOCIETIES
Sections
48.36A.010
48.36A.020
48.36A.030
48.36A.040
48.36A.050
48.36A.060
48.36A.070
48.36A.080
48.36A.090
48.36A.100
48.36A.110
48.36A.120
48.36A.130
48.36A.140
48.36A.150
48.36A.160
48.36A.170
48.36A.180
48.36A.190
48.36A.200
48.36A.210
48.36A.220
(2002 Ed.)
Fraternal benefit society defined.
Lodge system—Lodges for children.
Representative form of government.
Definitions.
Beneficial operations—Laws and rules.
Membership classes, rights, grievances.
Location of office and meetings—Official publications, annual statement.
Immunity of officers—Indemnification of person responsible—Insurance for liability.
Nonwaiver provisions.
Formation of domestic society—Procedures and requirements.
Amendment of society’s laws.
Not-for-profit institutions authorized—Funeral homes prohibited.
Reinsurance.
Consolidation and merger.
Conversion to mutual life insurance company.
Contractual benefits.
Designation of beneficiary—Funeral benefits.
Protection of benefits.
Benefit certificates—Impaired reserves.
Paid-up nonforfeiture benefits and cash surrender values.
Authorized investments.
Assets—Investment and disbursement.
48.36A.230
48.36A.240
48.36A.250
48.36A.260
48.36A.263
48.36A.270
48.36A.272
48.36A.274
48.36A.276
48.36A.278
48.36A.280
48.36A.282
48.36A.284
48.36A.286
48.36A.290
48.36A.310
48.36A.320
48.36A.330
48.36A.340
48.36A.350
48.36A.360
48.36A.370
48.36A.380
48.36A.390
48.36A.400
48.36A.410
48.36A.900
48.36A.901
48.35.200
Chapter exclusive.
Funds tax exempt, exception.
Valuation standards—Reserves.
Annual financial statement.
Filing of financial statements.
Licenses and renewals—Fees—Existing societies.
Notice of intent to suspend, revoke, or refuse to renew a
license.
Duration of suspension.
Reauthorization of license.
Notice to agents of loss of authority.
Examinations.
Transactions hazardous to certificate holders or creditors—
Standards for consideration.
Determination of financial condition—Hazardous to certificate holders—Commissioner’s order—Hearing.
Rehabilitation, liquidation, or conservation of society—
Same as insurance companies—Priority of distribution
of claims.
License required—Obtaining.
Deficiencies, noncompliance by societies—Actions against
license.
Requirements for injunction.
Agents.
Unfair trade practices.
Service of process upon commissioner.
Penalties.
Exemptions.
World War I societies.
Fraternal mutual insurers.
Fraternal mutual life insurers.
Review of commissioner’s decisions and findings.
Severability—1987 c 366.
Effective date—1987 c 366.
48.36A.010 Fraternal benefit society defined. Any
incorporated society, order, or supreme lodge, without capital
stock, including one exempted under the provisions of RCW
48.36A.370(1)(b) whether incorporated or not, conducted
solely for the benefit of its members and their beneficiaries
and not for profit, operated on a lodge system with ritualistic
form of work, having a representative form of government,
and which provides benefits in accordance with this chapter,
is hereby declared to be a fraternal benefit society. [1987 c
366 § 1.]
48.36A.020 Lodge system—Lodges for children. (1)
A society is operating on the lodge system if it has a
supreme governing body and subordinate lodges into which
members are elected, initiated, or admitted in accordance
with its laws, rules, and ritual. Subordinate lodges shall be
required by the laws of the society to hold regular meetings
at least once in each month in furtherance of the purposes of
the society.
(2) A society may, at its option, organize and operate
lodges for children under the minimum age for adult
membership. Membership and initiation in local lodges shall
not be required of the children, nor shall they have a voice
or vote in the management of the society. [1987 c 366 § 2.]
48.36A.030 Representative form of government. A
society has a representative form of government when:
(1) It has a supreme governing body constituted in one
of the following ways:
(a) The supreme governing body is an assembly
composed of delegates elected directly by the members or at
[Title 48 RCW—page 233]
48.36A.030
Title 48 RCW: Insurance
intermediate assemblies or conventions of members or their
representatives, together with other delegates as may be prescribed in the society’s laws. A society may provide for
election of delegates by mail. The elected delegates shall
constitute a majority in number and shall not have less than
two-thirds of the votes and not less than the number of votes
required to amend the society’s laws. The assembly shall be
elected and shall meet at least once every four years and
shall elect a board of directors to conduct the business of the
society between meetings of the assembly. Vacancies on the
board of directors between elections may be filled in the
manner prescribed by the society’s laws; or
(b) The supreme governing body is a board composed
of persons elected by the members, either directly or by their
representatives in intermediate assemblies, and any other
persons prescribed in the society’s laws. A society may
provide for election of the board by mail. Each term of a
board member may not exceed four years. Vacancies on the
board between elections may be filled in the manner prescribed by the society’s laws. Those persons elected to the
board shall constitute a majority in number and not less than
the number of votes required to amend the society’s laws.
A person filling the unexpired term of an elected board
member shall be considered to be an elected member. The
board shall meet at least quarterly to conduct the business of
the society;
(2) The officers of the society are elected either by the
supreme governing body or by the board of directors;
(3) Only benefit members are eligible for election to the
supreme governing body and the board of directors; and
(4) Each voting member shall have one vote. No vote
may be cast by proxy. [1987 c 366 § 3.]
48.36A.040 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise:
(1) "Benefit contract" means the agreement for provision
of benefits authorized by RCW 48.36A.160, as that agreement is described in RCW 48.36A.190(1).
(2) "Benefit member" means an adult member who is
designated by the laws or rules of the society to be a benefit
member under a benefit contract.
(3) "Certificate" means the document issued as written
evidence of the benefit contract.
(4) "Premiums" means premiums, rates, dues or other
required contributions by whatever name known, which are
payable under the certificate.
(5) "Laws" means the society’s articles of incorporation,
constitution, and bylaws, however designated.
(6) "Rules" means all rules, regulations, or resolutions
adopted by the supreme governing body or board of directors
which are intended to have general application to the
members of the society.
(7) "Society" means fraternal benefit society, unless
otherwise indicated.
(8) "Lodge" means subordinate member units of the
society, known as camps, courts, councils, branches, or by
any other designation. [1987 c 366 § 4.]
[Title 48 RCW—page 234]
48.36A.050 Beneficial operations—Laws and rules.
(1) A society shall operate for the benefit of members and
their beneficiaries by:
(a) Providing benefits as specified in RCW 48.36A.160;
and
(b) Operating for one or more social, intellectual,
educational, charitable, benevolent, moral, fraternal, patriotic,
or religious purposes for the benefit of its members, which
may also be extended to others.
These purposes may be carried out directly by the
society, or indirectly through subsidiary corporations or
affiliated organizations.
(2) Every society may adopt laws and rules for the
government of the society, the admission of its members,
and the management of its affairs. It may change, alter, add
to, or amend such laws and rules and has such other powers
as are necessary and incidental to carrying into effect the
objects and purposes of the society. [1987 c 366 § 5.]
48.36A.060 Membership classes, rights, grievances.
(1) A society shall specify in its laws or rules:
(a) Eligibility standards for each and every class of
membership, provided that if benefits are provided on the
lives of children, the minimum age for adult membership
shall be set at not less than age fifteen and not greater than
age twenty-one;
(b) The process for admission to membership for each
membership class; and
(c) The rights and privileges of each membership class,
provided that only benefit members shall have the right to
vote on the management of the insurance affairs of the
society.
(2) A society may also admit social members who have
no voice or vote in the management of the insurance affairs
of the society.
(3) Membership rights in the society are personal to the
member and are not assignable.
(4) A society may provide in its laws or rules for
grievance or complaint procedures for members. [1987 c
366 § 6.]
48.36A.070 Location of office and meetings—
Official publications, annual statement. (1) The principal
office of any domestic society shall be located in this state.
The meetings of its supreme governing body may be held in
any state, district, province, or territory where the society has
at least one subordinate lodge, or in such other location as
determined by the supreme governing body, and all business
transacted at the meetings is as valid in all respects as if the
meetings were held in this state. The minutes of the
proceedings of the supreme governing body and of the board
of directors shall be in the English language.
(2) (a) A society may provide in its laws for an official
publication in which any notice, report, or statement required
by law to be given to members, including notice of election,
may be published. Required reports, notices, and statements
shall be printed conspicuously in the publication. If the
records of a society show that two or more members have
the same mailing address, an official publication mailed to
one member is deemed to be mailed to all members at the
same address unless a member requests a separate copy.
(2002 Ed.)
Fraternal Benefit Societies
(b) Not later than June 1st of each year, a synopsis of
the society’s annual statement providing an explanation of
the facts concerning the condition of the society thereby
disclosed shall be printed and mailed to each benefit member
of the society or, in lieu thereof, the synopsis may be published in the society’s official publication. [1987 c 366 § 7.]
48.36A.080 Immunity of officers—Indemnification
of person responsible—Insurance for liability. (1) The
officers and members of the supreme governing body or any
subordinate body of a society shall not be personally liable
for any benefits provided by a society.
(2) Any person may be indemnified and reimbursed by
any society for expenses reasonably incurred by, and
liabilities imposed upon, the person in connection with or
arising out of any action, suit, or proceeding, whether civil,
criminal, administrative, or investigative, or threat thereof, in
which the person may be involved by reason of the fact that
the person is or was a director, officer, employee, or agent
of the society or of any firm, corporation, or organization
which the person served in any capacity at the request of the
society. A person shall not be so indemnified or reimbursed
(a) in relation to any matter in such action, suit, or proceeding as to which the person shall finally be adjudged to be or
have been guilty of breach of a duty as a director, officer,
employee, or agent of the society; or (b) in relation to any
matter in the action, suit, or proceeding, or threat thereof,
which has been made the subject of a compromise settlement; unless in either case the person acted in good faith for
a purpose the person reasonably believed to be in or not
opposed to the best interests of the society and, in a criminal
action or proceeding, in addition, had no reasonable cause to
believe that their conduct was unlawful. The determination
whether the conduct of the person met the standard required
in order to justify indemnification and reimbursement in
relation to any matter described in (a) or (b) of this subsection may only be made by the supreme governing body or
board of directors by a majority vote of a quorum consisting
of persons who were not parties to the action, suit, or
proceeding or by a court of competent jurisdiction. The
termination of any action, suit, or proceeding by judgment,
order, settlement, conviction, or upon a plea of no contest,
as to the person shall not in itself create a conclusive presumption that the person did not meet the standard of
conduct required in order to justify indemnification and
reimbursement. The foregoing right of indemnification and
reimbursement shall not be exclusive of other rights to which
the person may be entitled as a matter of law and shall inure
to the benefit of the person’s heirs, executors, and administrators.
(3) A society may purchase and maintain insurance on
behalf of any person who is or was a director, officer,
employee, or agent of the society, or who is or was serving
at the request of the society as a director, officer, employee,
or agent of any other firm, corporation, or organization
against any liability asserted against the person and incurred
by the person in any capacity or arising out of the person’s
status as such, whether or not the society would have the
power to indemnify the person against the liability under this
section. [1987 c 366 § 8.]
(2002 Ed.)
48.36A.070
48.36A.090 Nonwaiver provisions. The laws of the
society may provide that no subordinate body, nor any of its
subordinate officers or members shall have the power or
authority to waive any of the provisions of the laws of the
society. Such provision shall be binding on the society and
every member and beneficiary of a member. [1987 c 366 §
9.]
48.36A.100 Formation of domestic society—
Procedures and requirements. A domestic society organized on or after January 1, 1988, shall be formed as
follows, but not until it has and continues to maintain
unimpaired surplus in the minimum amount of total capital
and surplus required by RCW 48.05.340:
(1) Seven or more citizens of the United States, a
majority of whom are citizens of this state, who desire to
form a fraternal benefit society, may make, sign, and
acknowledge before some officer competent to take acknowledgment of deeds, articles of incorporation, in which shall be
stated:
(a) The proposed corporate name of the society, which
shall not so closely resemble the name of any society or
insurance company as to be misleading or confusing;
(b) The purposes for which it is being formed and the
mode in which its corporate powers are to be exercised. The
purposes shall not include more liberal powers than are
granted by this chapter;
(c) The names and residences of the incorporators and
the names, residences, and official titles of all the officers,
trustees, directors, or other persons who are to have and
exercise the general control of the management of the affairs
and funds of the society for the first year or until the ensuing
election at which all the officers shall be elected by the
supreme governing body, which election shall be held not
later than one year from the date of issuance of the permanent certificate of authority.
(2) The articles of incorporation, duly certified copies of
the society’s bylaws and rules, copies of all proposed forms
of certificates, applications therefor, and circulars to be
issued by the society, and a bond conditioned upon the
return to applicants of the advanced payments if the organization is not completed within one year shall be filed with
the commissioner, who may require further information as
the commissioner deems necessary. The bond with sureties
approved by the commissioner shall be in an amount, not
less than three hundred thousand dollars nor more than one
million five hundred thousand dollars as required by the
commissioner. All documents filed are to be in the English
language. If the purposes of the society conform to the requirements of this chapter and all provisions of the law have
been complied with, the commissioner shall so certify,
retain, and file the articles of incorporation and furnish the
incorporators a preliminary certificate of authority authorizing the society to solicit members as hereinafter provided.
(3) No preliminary certificate of authority granted under
the provisions of this section shall be valid after one year
from its date or after a further period, not exceeding one
year, as may be authorized by the commissioner upon cause
shown, unless the five hundred applicants required by
subsection (4) of this section have been secured and the
organization has been completed under this chapter. The
[Title 48 RCW—page 235]
48.36A.100
Title 48 RCW: Insurance
articles of incorporation and all other proceedings thereunder
shall become null and void in one year from the date of the
preliminary certificate of authority, or at the expiration of the
extended period, unless the society shall have completed its
organization and received a certificate of authority to do
business under this chapter.
(4) Upon receipt of a preliminary certificate of authority
from the commissioner, the society may solicit members for
the purpose of completing its organization, shall collect from
each applicant the amount of not less than one regular
monthly premium in accordance with its table of rates, and
shall issue to each applicant a receipt for the amount
collected. No society shall incur any liability other than for
the return of the advance premium, nor issue any certificate,
nor pay, allow, or offer or promise to pay or allow, any
benefit to any person until:
(a) Actual bona fide applications for benefits have been
secured on not less than five hundred applicants, and any
necessary evidence of insurability has been furnished to and
approved by the society;
(b) At least ten subordinate lodges have been established
into which the five hundred applicants have been admitted;
(c) There has been submitted to the commissioner,
under oath of the president or secretary, or corresponding
officer of the society, a list of the applicants, giving their
names, addresses, date each was admitted, name and number
of the subordinate lodge of which each applicant is a
member, amount of benefits to be granted, and premiums
therefor; and
(d) It has been shown to the commissioner, by sworn
statement of the treasurer, or corresponding officer of the
society, that at least five hundred applicants have each paid
in cash at least one regular monthly premium and the total
amount of collected premiums equals at least one hundred
fifty thousand dollars. The advance premiums shall be held
in trust during the period of organization and if the society
has not qualified for a certificate of authority within one
year, the premiums shall be returned to the applicants.
(5) The commissioner may make such examination and
require such further information as the commissioner deems
advisable. Upon presentation of satisfactory evidence that
the society has complied with all the provisions of this
chapter, the commissioner shall issue to the society a
certificate of authority to that effect and that the society is
authorized to transact business pursuant to the provisions of
this chapter. The certificate of authority shall be prima facie
evidence of the existence of the society at the date of the
certificate. The commissioner shall cause a record of the
certificate of authority to be made. A certified copy of the
record may be given in evidence with like effect as the
original certificate of authority.
(6) Any incorporated society authorized to transact
business in this state at the time this chapter becomes
effective shall not be required to reincorporate.
(7) The commissioner may, by rule, require domestic
fraternal societies to have and maintain a larger amount of
surplus than the minimum amount of capital and surplus
prescribed under RCW 48.05.340, based upon the type,
volume, and nature of insurance business transacted, consistent with the principles of risk-based capital modified to
recognize the special characteristics of fraternal benefit
societies. [1996 c 236 § 1; 1987 c 366 § 10.]
[Title 48 RCW—page 236]
48.36A.110 Amendment of society’s laws. (1) A
domestic society may amend its laws in accordance with the
provisions thereof by action of its supreme governing body
at any regular or special meeting thereof or, if its laws so
provide, by referendum. The referendum may be held in
accordance with the provisions of its laws by the vote of the
voting members of the society, by the vote of delegates or
representatives of voting members, or by the vote of local
lodges. A society may provide for voting by mail. No
amendment submitted for adoption by referendum shall be
adopted unless, within six months from the date of submission, a majority of the members voting shall have signified
their consent to the amendment by one of the specified
methods.
(2) No amendment to the laws of any domestic society
shall take effect unless approved by the commissioner. The
commissioner shall approve the amendment if the commissioner finds that it has been duly adopted and is not
inconsistent with any requirement of the laws of this state or
with the character, objects, and purposes of the society.
Unless the commissioner disapproves any amendment within
sixty days after the filing of same, the amendment shall be
considered approved. The approval or disapproval by the
commissioner shall be in writing and mailed to the secretary
or corresponding officer of the society at its principal office.
In case the commissioner disapproves the amendment, the
reasons for the disapproval shall be stated in the written
notice.
(3) Within ninety days from the approval by the
commissioner, all amendments, or a synopsis thereof, shall
be furnished to all members of the society either by mail or
by publication in full in the official publication of the
society. The affidavit of any officer of the society or of
anyone authorized by it to mail any amendments or synopsis
thereof, stating facts which show that same have been duly
addressed and mailed, shall be prima facie evidence that the
amendments or synopsis thereof, have been furnished to the
addressee.
(4) Every foreign or alien society authorized to do
business in this state shall file with the commissioner a
certified copy of all amendments of, or additions to, its laws
within ninety days after their enactment.
(5) Printed copies of the laws as amended, certified by
the secretary or corresponding officer of the society, shall be
prima facie evidence of their legal adoption. [1987 c 366 §
11.]
48.36A.120 Not-for-profit institutions authorized—
Funeral homes prohibited. (1) A society may create,
maintain, and operate, or establish organizations to operate,
not-for-profit institutions to further the purposes permitted by
RCW 48.36A.050(1)(b). The institutions may furnish
services free or at a reasonable charge. Any real or personal
property owned, held or leased by the society for this
purpose shall be reported in every annual statement.
(2) No society shall own or operate funeral homes or
undertaking establishments. [1987 c 366 § 12.]
48.36A.130 Reinsurance. (1) A domestic society
may, by a reinsurance agreement, transfer any individual risk
or risks in whole or in part to an insurer, other than another
(2002 Ed.)
Fraternal Benefit Societies
fraternal benefit society, having the power to make such
reinsurance and authorized to do business in this state, or if
not so authorized, one which is approved by the commissioner, but no domestic society may reinsure substantially all of
its insurance in force without the written permission of the
commissioner. It may take credit for the reserves on the
transferred risks to the extent reinsured, but no credit shall
be allowed as an admitted asset or as a deduction from
liability, to a transferring society for reinsurance made,
transferred, renewed, or otherwise becoming effective after
January 1, 1988, unless the reinsurance is payable by the
assuming insurer on the basis of the liability of the transferring society under the contract or contracts reinsured without
diminution because of the insolvency of the transferring
society.
(2) Notwithstanding the limitation in subsection (1) of
this section, a society may reinsure the risks of another
society in a consolidation or merger approved by the
commissioner under RCW 48.36A.140. [1987 c 366 § 13.]
48.36A.140 Consolidation and merger. (1) A
domestic society may consolidate or merge with any other
society by complying with the provisions of this section. It
shall file with the commissioner:
(a) A certified copy of the written contract containing in
full the terms and conditions of the consolidation or merger;
(b) A sworn statement by the president and secretary or
corresponding officers of each society showing their financial condition on a date fixed by the commissioner but not
earlier than December 31st next preceding the date of the
contract;
(c) A certificate of the officers, duly verified by their respective oaths, that the consolidation or merger has been
approved by a two-thirds vote of the supreme governing
body of each society, such vote being conducted at a regular
or special meeting of each such body, or, if the society’s
laws so permit, by mail; and
(d) Evidence that at least sixty days prior to the action
of the supreme governing body of each society, the text of
the contract has been furnished to all members of each
society either by mail or by publication in full in the official
publication of each society.
(2) If the commissioner finds that the contract is in
conformity with the provisions of this section, that the
financial statements are correct, and that the consolidation or
merger is just and equitable to the members of each society,
the commissioner shall approve the contract and issue a
certificate to that effect. Upon approval, the contract shall
be in full force and effect unless any society which is a party
to the contract is incorporated under the laws of any other
state or territory. In such event, the consolidation or merger
shall not become effective unless and until it has been
approved as provided by the laws of such state or territory
and a certificate of such approval is filed with the commissioner of this state or, if the laws of the state or territory
contain no such provision, then the consolidation or merger
shall not become effective unless and until it has been
approved by the commissioner of insurance of the state or
territory and a certificate of such approval is filed with the
commissioner of this state.
(2002 Ed.)
48.36A.130
(3) Upon the consolidation or merger becoming effective, all the rights, franchises, and interests of the consolidated or merged societies in and to every species of property,
real, personal, or mixed, and things in action thereunto
belonging shall be vested in the society resulting from or
remaining after the consolidation or merger without any
other instrument, except that conveyances of real property
may be evidenced by proper deeds, and the title to any real
estate or interest therein, vested under the laws of this state
in any of the societies consolidated or merged, shall not
revert or be in any way impaired by reason of the consolidation or merger, but shall vest absolutely in the society
resulting from or remaining after the consolidation or
merger.
(4) The affidavit of any officer of the society or of
anyone authorized by it to mail any notice or document,
stating that the notice or document has been duly addressed
and mailed, shall be prima facie evidence that the notice or
document has been furnished to the addressees. [1987 c 366
§ 14.]
48.36A.150 Conversion to mutual life insurance
company. Any domestic fraternal benefit society may be
converted and licensed as a mutual life insurance company
by compliance with all the requirements of the insurance
laws of this state for mutual life insurance companies. A
plan of conversion shall be prepared in writing by the board
of directors setting forth in full the terms and conditions of
conversion. The affirmative vote of two-thirds of all
members of the supreme governing body at a regular or
special meeting shall be necessary for the approval of such
plan, or if the society is organized under the direct election
method pursuant to RCW 48.36A.030(1)(b), the plan of
conversion shall be submitted by mail to the benefit members or the plan may be published in the official publication
authorized by RCW 48.36A.070(2)(a). The affirmative vote
of two-thirds of the benefit members voting thereon shall be
necessary for the approval of the plan. No conversion shall
take effect unless and until approved by the commissioner
who may give approval if the commissioner finds that the
proposed change is in conformity with the requirements of
law and not prejudicial to the certificate holders of the
society. [1987 c 366 § 15.]
48.36A.160 Contractual benefits. (1) A society may
provide the following contractual benefits in any form:
(a) Death benefits;
(b) Endowment benefits;
(c) Annuity benefits;
(d) Temporary or permanent disability benefits;
(e) Hospital, medical, or nursing benefits;
(f) Monument or tombstone benefits to the memory of
deceased members; and
(g) Such other benefits as authorized for life insurers
and which are not inconsistent with this chapter.
(2) A society shall specify in its rules those persons who
may be issued, or covered by, the contractual benefits in
subsection (1) of this section, consistent with providing
benefits to members and their dependents. A society may
provide benefits on the lives of children under the minimum
[Title 48 RCW—page 237]
48.36A.160
Title 48 RCW: Insurance
age for adult membership upon application of an adult
person. [1987 c 366 § 16.]
48.36A.170 Designation of beneficiary—Funeral
benefits. (1) The owner of a benefit contract shall have the
right at all times to change the beneficiary or beneficiaries
in accordance with the laws or rules of the society unless the
owner waives this right by specifically requesting in writing
that the beneficiary designation be irrevocable. A society
may, through its laws or rules, limit the scope of beneficiary
designations and shall provide that no revocable beneficiary
shall have or obtain any vested interest in the proceeds of
any certificate until the certificate has become due and
payable in conformity with the provisions of the benefit
contract.
(2) A society may make provision for the payment of
funeral benefits to the extent of such portion of any payment
under a certificate as might reasonably appear to be due to
any person equitably entitled thereto by reason of having
incurred expense occasioned by the burial of the member,
provided the portion paid shall not exceed the sum of one
thousand dollars.
(3) If, at the death of any person insured under a benefit
contract, there is no lawful beneficiary to whom the proceeds
shall be payable, the amount of the benefit, except to the
extent that funeral benefits may be paid under this section,
shall be payable to the personal representative of the
deceased insured, provided that if the owner of the certificate
is other than the insured, the proceeds shall be payable to the
owner. [1987 c 366 § 17.]
48.36A.180 Protection of benefits. No money or
other benefit, charity, relief, or aid to be paid, provided or
rendered by any society, shall be liable to attachment,
garnishment, or other process, or to be seized, taken, appropriated, or applied by any legal or equitable process or
operation of law to pay any debt or liability of a member or
beneficiary, or any other person who may have a right
thereunder, either before or after payment by the society.
[1987 c 366 § 18.]
48.36A.190 Benefit certificates—Impaired reserves.
(1) Every society authorized to do business in this state shall
issue to each owner of a benefit contract a certificate
specifying the amount of benefits provided. The certificate,
together with any riders or endorsements attached thereto,
the laws of the society, the application for membership, the
application for insurance and declaration of insurability, if
any, signed by the applicant, and all amendments, shall
constitute the benefit contract, as of the date of issuance,
between the society and the owner, and the certificate shall
so state. A copy of the application for insurance and
declaration of insurability, if any, shall be endorsed upon or
attached to the certificate. All statements on the application
shall be representations and not warranties. Any waiver of
this provision shall be void.
(2) Except as provided in RCW 48.36A.220, any
changes, additions, or amendments to the laws of the society
duly made or enacted subsequent to the issuance of the certificate, shall bind the owner and the beneficiaries, and shall
govern and control the benefit contract in all respects the
[Title 48 RCW—page 238]
same as though the changes, additions, or amendments had
been made prior to and were in force at the time of the
application for insurance, except that no change, addition, or
amendment shall destroy or diminish benefits which the
society contracted to give the owner as of the date of
issuance.
(3) Any person upon whose life a benefit contract is
issued prior to attaining the age of majority shall be bound
by the terms of the application and certificate and by all the
laws and rules of the society to the same extent as though
the age of majority had been attained at the time of application.
(4) Except as provided in RCW 48.36A.220, a society
shall provide in its laws that if its reserves as to all or any
class of certificates become impaired, its board of directors
or corresponding body may require that there shall be paid
by the owner to the society the amount of the owner’s
equitable proportion of the deficiency as ascertained by its
board, and that if the payment is not made, either (a) it shall
stand as an indebtedness against the certificate and draw
interest not to exceed the rate specified for certificate loans
under the certificates; or (b) in lieu of or in combination
with (a) of this subsection, the owner may accept a proportionate reduction in benefits under the certificate. The
society may specify the manner of the election and which
alternative is to be presumed if no election is made.
(5) Copies of any of the documents mentioned in this
section, certified by the secretary or corresponding officer of
the society, shall be received in evidence of the terms and
conditions thereof.
(6) No certificate shall be delivered or issued for
delivery in this state unless a copy of the form has been filed
with the commissioner in the manner provided for like
policies issued by life insurers in this state. Every life,
accident, health, or disability insurance certificate and every
annuity certificate issued on or after one year from January
1, 1988, shall be approved by the commissioner and shall
meet the standard contract provision requirements not
inconsistent with this chapter for like policies issued by life
insurers in this state, except that a society may provide for
a grace period for payment of premiums of one full month
in its certificates. The certificates shall also contain a
provision stating the amount of premiums which are payable
under the certificate and a provision reciting or setting forth
the substance of any sections of the society’s laws or rules
in force at the time of issuance of the certificate which, if
violated, will result in the termination or reduction of
benefits payable under the certificate. If the laws of the
society provide for expulsion or suspension of a member, the
certificate shall also contain a provision that any member so
expelled or suspended, except for nonpayment of a premium
or within the contestable period for material misrepresentation in the application for membership or insurance, shall
have the privilege of maintaining the certificate in force by
continuing payment of the required premium.
(7) Benefit contracts issued on the lives of persons
below the society’s minimum age for adult membership may
provide for transfer of control or ownership to the insured at
an age specified in the certificate. A society may require
approval of an application for membership in order to effect
this transfer, and may provide in all other respects for the
regulation, government, and control of such certificates and
(2002 Ed.)
Fraternal Benefit Societies
all rights, obligations, and liabilities incident thereto and
connected therewith. Ownership rights prior to the transfer
shall be specified in the certificate.
(8) A society may specify the terms and conditions on
which benefit contracts may be assigned. [1987 c 366 § 19.]
48.36A.200 Paid-up nonforfeiture benefits and cash
surrender values. (1) For certificates issued prior to one
year after January 1, 1988, the value of every paid-up
nonforfeiture benefit and the amount of any cash surrender
value, loan, or other option granted shall comply with the
provisions of law applicable immediately prior to January 1,
1988.
(2) For certificates issued on or after one year from
January 1, 1988, for which reserves are computed on the
commissioner’s 1941 standard ordinary mortality table, the
commissioner’s 1941 standard industrial table or the
commissioner’s 1958 standard ordinary mortality table, or
the commissioner’s 1980 standard mortality table, or any
more recent table made applicable to life insurers, every
paid-up nonforfeiture benefit and the amount of any cash
surrender value, loan, or other option granted shall not be
less than the corresponding amount ascertained in accordance
with the laws of this state applicable to life insurers issuing
policies containing like benefits based upon such tables.
(3) For annuity certificates issued on or after one year
from January 1, 1988, every paid-up nonforfeiture benefit
and the amount of any cash surrender value, loan, or other
option granted shall not be less than the corresponding
amount ascertained in accordance with the laws of this state
applicable to life insurers issuing annuities. [1987 c 366 §
20.]
48.36A.210 Authorized investments. A society shall
invest its funds only in investments that are authorized by
the laws of this state for the investment of assets of life
insurers and subject to the limitations thereon. Any foreign
or alien society permitted or seeking to do business in this
state which invests its funds in accordance with the laws of
the state, district, territory, country, or province in which it
is incorporated, shall be deemed to have met the requirements of this section for the investment of funds. [1987 c
366 § 21.]
48.36A.220 Assets—Investment and disbursement.
(1) All assets shall be held, invested, and disbursed for the
use and benefit of the society and no member or beneficiary
shall have or acquire individual rights therein or become
entitled to any apportionment on the surrender of any part
thereof, except as provided in the benefit contract.
(2) A society may create, maintain, invest, disburse, and
apply any special fund or funds necessary to carry out any
purpose permitted by the laws of the society.
(3) A society may, pursuant to resolution of its supreme
governing body, establish and operate one or more separate
accounts and issue contracts on a variable basis, subject to
all the provisions of law regulating life insurers establishing
such accounts and issuing such contracts, as provided in
chapter 48.18A RCW. To the extent the society deems it
necessary in order to comply with any applicable federal or
state laws, or any rules issued thereunder, the society may
(2002 Ed.)
48.36A.190
adopt special procedures for the conduct of the business and
affairs of a separate account, may, for persons having
beneficial interests therein, provide special voting and other
rights, including without limitation special rights and procedures relating to investment policy, investment advisory
services, selection of certified public accountants, and
selection of a committee to manage the business and affairs
of the account, and may issue contracts on a variable basis
to which RCW 48.36A.190 (2) and (4) shall not apply.
[1987 c 366 § 22.]
48.36A.230 Chapter exclusive. Societies shall be
governed by this chapter and shall be exempt from all other
provisions of the insurance laws of this state unless they are
expressly designated therein, or unless it is specifically made
applicable by this chapter. [1987 c 366 § 23.]
48.36A.240 Funds tax exempt, exception. Every
society organized or licensed under this chapter is hereby
declared to be a charitable and benevolent institution, and all
of its funds shall be exempt from all and every state, county,
district, municipal, and school tax, other than taxes on real
estate and office equipment. [1987 c 366 § 24.]
48.36A.250 Valuation standards—Reserves. (1)
Standards of valuation for certificates issued prior to one
year after January 1, 1988, shall be those provided by the
laws applicable immediately prior to January 1, 1988.
(2) The minimum standards of valuation for certificates
issued on or after one year from January 1, 1988, shall be
based on the following tables:
(a) For certificates of life insurance: The
commissioner’s 1941 standard ordinary mortality table, the
commissioner’s 1941 standard industrial mortality table, the
commissioner’s 1958 standard ordinary mortality table, the
commissioner’s 1980 standard ordinary mortality table, or
any more recent table made applicable to life insurers;
(b) For annuity and pure endowment certificates, for
total and permanent disability benefits, for accidental death
benefits, and for noncancellable accident and health benefits:
Such tables as are authorized for use by life insurers in this
state.
All of the above shall be under valuation methods and
standards, including interest assumptions, in accordance with
the laws of this state applicable to life insurers issuing
policies containing like benefits.
(3) The commissioner may, in the commissioner’s
discretion, accept other standards for valuation if the
commissioner finds that the reserves produced thereby will
not be less in the aggregate than reserves computed in
accordance with the minimum valuation standard herein
prescribed. The commissioner may, in the commissioner’s
discretion, vary the standards of mortality applicable to all
benefit contracts on substandard lives or other extra hazardous lives by any society authorized to do business in this
state.
(4) Any society, with the consent of the commissioner
of insurance of the state of domicile of the society and under
the conditions, if any, which the commissioner may impose,
may establish and maintain reserves on its certificates in
excess of the reserves required by this section, but the
[Title 48 RCW—page 239]
48.36A.250
Title 48 RCW: Insurance
contractual rights of any benefit member shall not be
affected thereby. [1987 c 366 § 25.]
48.36A.260 Annual financial statement. (1) Every
society transacting business in this state shall annually, on or
before the first day of March, unless for cause shown such
time has been extended by the commissioner, file with the
commissioner a true statement of its financial condition,
transactions, and affairs for the preceding calendar year and
pay a fee of ten dollars for filing. The statement shall be in
general form and context as approved by the national
association of insurance commissioners for fraternal benefit
societies and as supplemented by additional information
required by the commissioner.
(2) As part of the required annual statement, each
society shall, on or before the first day of March, file with
the commissioner a valuation of its certificates in force on
December 31st last preceding, provided the commissioner
may, in the commissioner’s discretion for cause shown,
extend the time for filing the valuation for not more than
two calendar months. The valuation shall be done in
accordance with the standards specified in RCW 48.36A.250.
The valuation and underlying data shall be certified by a
qualified actuary or, at the expense of the society, verified
by the actuary of the department of insurance of the state of
domicile of the society.
(3) A society neglecting to file the annual statement in
the form and within the time provided by this section shall
forfeit one hundred dollars for each day during which the
neglect continues, and, upon notice by the commissioner, its
authority to do business in this state shall cease while the
default continues. [1987 c 366 § 26.]
48.36A.263 Filing of financial statements. Every
fraternal benefit society holding a certificate of authority
shall file its financial statements as required by this code and
by the commissioner in accordance with the accounting
practices and procedures manuals as adopted by the national
association of insurance commissioners, unless otherwise
provided by law. [1999 c 33 § 2.]
48.36A.270 Licenses and renewals—Fees—Existing
societies. A license under this chapter continues in force
until suspended, revoked, or not renewed. A license is
subject to renewal annually on the first day of July upon
payment of the fee for the license. If not so renewed, the
certificate expires as of the thirtieth day of June of the same
year. Licenses existing on June 9, 1994, continue in force
until July 1, 1995, unless revoked or suspended. For each
license or renewal the society shall pay the commissioner the
fee established pursuant to RCW 48.14.010, subject to the
retaliatory provision of RCW 48.14.040. A certified copy or
duplicate of the license shall be prima facie evidence that the
licensee is a fraternal benefit society within the meaning of
this chapter. [1994 c 131 § 1; 1987 c 366 § 27.]
48.36A.272 Notice of intent to suspend, revoke, or
refuse to renew a license. The commissioner shall give a
society notice of his or her intention to suspend, revoke, or
refuse to renew its license not less than ten days before the
effective date of the order of suspension, revocation or
[Title 48 RCW—page 240]
refusal, except that advance notice of intention is not
required where the order results from a domestic society’s
failure to make good a deficiency of assets as required by
the commissioner. [1996 c 236 § 4.]
48.36A.274 Duration of suspension. The commissioner shall not suspend a society’s license for a period in
excess of one year, and shall state in his or her order of
suspension the period during which the order is effective.
[1996 c 236 § 5.]
48.36A.276 Reauthorization of license. A society
whose license has been suspended, revoked, or refused may
not subsequently be authorized unless the grounds for the
suspension, revocation, or refusal no longer exist and the
society is otherwise fully qualified. [1996 c 236 § 6.]
48.36A.278 Notice to agents of loss of authority.
Upon the suspension, revocation, or refusal of a society’s
license, the commissioner shall give notice to the society and
shall suspend, revoke, or refuse the authority of its agents to
represent it in this state and give notice to the agents. [1996
c 236 § 7.]
48.36A.280 Examinations. (1) The commissioner, or
any person the commissioner may appoint, may examine any
domestic, foreign, or alien society transacting or applying for
admission to transact business in this state in the same
manner as authorized by chapter 48.03 RCW. Requirements
of notice and an opportunity to respond before findings are
made public as provided in the laws regulating insurers shall
also be applicable to the examination of societies.
(2) The expense of each examination and of each
valuation, including the compensation and actual expense of
examiners, shall be paid by the society examined or whose
certificates are valued. The payments shall be made upon
receipt of statements furnished by the commissioner. [1987
c 366 § 28.]
48.36A.282 Transactions hazardous to certificate
holders or creditors—Standards for consideration. The
following standards may be considered by the commissioner
to determine whether the continued operation of any society
transacting an insurance business in this state might be
deemed to be hazardous to the certificate holders or creditors. The commissioner may consider:
(1) Adverse findings reported in either a financial
condition or market conduct examination report, or both, of
a state insurance department that could lead to impairment
of surplus;
(2) The national association of insurance commissioners
insurance regulatory information system and its related
reports;
(3) The ratios of commission expense, general insurance
expense, policy benefits, and reserve increases as to annual
premium and net investment income that could lead to an
impairment of surplus;
(4) The society’s asset portfolio when viewed in light of
current economic conditions is not of sufficient value,
liquidity, or diversity to assure the society’s ability to meet
its outstanding obligations as they mature;
(2002 Ed.)
Fraternal Benefit Societies
(5) The ability of an assuming reinsurer to perform and
whether the society’s reinsurance program provides sufficient
protection for the society’s remaining surplus after taking
into account the society’s cash flow and the classes of
business written as well as the financial condition of the
assuming reinsurer;
(6) The society’s operating loss in the last twelve-month
period or any shorter period of time, including but not
limited to net capital gain or loss, change in nonadmitted
assets, and cash refunds paid to members, is greater than
fifty percent of the society’s remaining surplus as regards
certificate holders in excess of the minimum required;
(7) Whether any affiliate, subsidiary, or reinsurer is
insolvent, threatened with insolvency, or delinquent in
payment of its monetary or other obligation;
(8) Contingent liabilities, pledges, or guaranties which
either individually or collectively involve a total amount that
in the opinion of the commissioner may affect the solvency
of the society;
(9) The age and collectibility of receivables;
(10) Whether the management of a society, including
officers, trustees, directors, or any other person who directly
or indirectly controls the operation of the society, fails to
possess and demonstrate the competence, fitness, and
reputation deemed necessary to serve the society in such a
position;
(11) Whether management of a society has failed to
respond to inquiries relative to the condition of the society
or has furnished misleading information concerning an
inquiry;
(12) Whether management of a society either has filed
any false or misleading sworn financial statement, or has
released a false or misleading financial statement to lending
institutions or to the general public, or has made a false or
misleading entry, or has omitted an entry of material amount
in the books of the society;
(13) Whether the society has grown so rapidly and to
such an extent that it lacks adequate financial and administrative capacity to meet its obligations in a timely manner;
and
(14) Whether the society has experienced or will
experience in the foreseeable future, either cash flow
problems or liquidity problems, or both. [1996 c 236 § 8.]
48.36A.284 Determination of financial condition—
Hazardous to certificate holders—Commissioner’s
order—Hearing. (1) For the purpose of making a determination of a society’s financial condition, the commissioner
may:
(a) Disregard any credit or amount receivable resulting
from transactions with a reinsurer that is insolvent, impaired,
or otherwise subject to a delinquency proceeding;
(b) Make appropriate adjustments to asset values
attributable to investments in or transactions with parents,
subsidiaries, or affiliates;
(c) Refuse to recognize the stated value of accounts
receivable if the ability to collect receivables is highly
speculative in view of the age of the account or the financial
condition of the debtor; or
(d) Increase the society’s liability in an amount equal to
any contingent liability, pledge, or guarantee not otherwise
(2002 Ed.)
48.36A.282
included if there is a substantial risk that the society will be
called upon to meet the obligation undertaken within the next
twelve-month period.
(2) If the commissioner determines that the continued
operation of the society authorized to transact business in
this state may be hazardous to the certificate holders, then
the commissioner may, in conjunction with or in lieu of a
notice required or permitted by RCW 48.36A.272, issue an
order requiring the society to:
(a) Reduce the total amount of present and potential
liability for policy benefits by reinsurance;
(b) Reduce, suspend, or limit the volume of business
being accepted or renewed;
(c) Reduce general insurance and commission expenses
by specified methods;
(d) Increase the society’s surplus;
(e) Suspend or limit the declaration and payment of
refunds by a society to its members;
(f) File reports in a form acceptable to the commissioner
concerning the market value of a society’s assets;
(g) Limit or withdraw from certain investments or
discontinue certain investment practices to the extent the
commissioner deems necessary;
(h) Document the adequacy of premium rates in relation
to the risks insured; or
(i) File, in addition to regular annual statements, interim
financial reports on the form adopted by the national
association of insurance commissioners or on a format
promulgated by the commissioner.
(3) Any society subject to an order under subsection (2)
of this section may make a written demand for a hearing,
subject to the requirements of RCW 48.04.010, by specifying
in what respects it is aggrieved and the grounds to be relied
upon as basis for the relief to be demanded at the hearing.
[1996 c 236 § 9.]
48.36A.286 Rehabilitation, liquidation, or conservation of society—Same as insurance companies—Priority
of distribution of claims. (1) Any rehabilitation, liquidation, or conservation of a domestic fraternal benefit society
is the same as the rehabilitation, liquidation, or conservation
of an insurance company and shall be conducted under the
supervision of the commissioner pursuant to the law governing the rehabilitation, liquidation, or conservation of insurance companies. The commissioner may apply for an order
directing the commissioner to rehabilitate, liquidate, or
conserve a domestic fraternal benefit society upon any one
or more of the following grounds: That the domestic
fraternal benefit society:
(a) Is insolvent; or
(b) Has ceased transacting insurance business for a
period of one year; or
(c) Is insolvent and has commenced voluntary liquidation or dissolution, or attempts to commence or prosecute
any action or proceeding to liquidate its business or affairs,
or to dissolve its corporate charter, or to procure the appointment of a receiver, trustee, custodian, or sequestrator under
any law except this code; or
(d) Any of the matters set forth in RCW 48.36A.310.
[Title 48 RCW—page 241]
48.36A.286
Title 48 RCW: Insurance
(2) The priority of the distribution of claims from a
domestic fraternal benefit society’s estate shall be as set
forth in RCW 48.31.280. [1996 c 236 § 10.]
48.36A.290 License required—Obtaining. (1) No
foreign or alien society shall transact business in this state
without a license issued by the commissioner. Any society
desiring admission to this state shall comply substantially
with the requirements and limitations of this chapter applicable to domestic societies and must have and continue to
maintain unimpaired surplus in the minimum amount of total
capital and surplus required by RCW 48.05.340. A society
may be licensed to transact business in this state upon filing
with the commissioner:
(a) A duly certified copy of its articles of incorporation;
(b) A copy of its bylaws, certified by its secretary or
corresponding officer;
(c) A power of attorney to the commissioner as prescribed in RCW 48.36A.410;
(d) A statement of its business under oath by its
president and secretary, or corresponding officers, in a form
prescribed by the commissioner, verified by an examination
made by the supervising insurance official of its home state
or other state, territory, province, or country, satisfactory to
the commissioner;
(e) Certification from the proper official of its home
state, territory, province, or country that the society is legally
incorporated and licensed to transact business;
(f) Copies of its certificate forms; and
(g) Such other information as the commissioner may
deem necessary; and upon a showing that its assets are
invested in accordance with the provisions of this chapter.
(2) After June 30, 1997, a foreign or alien society which
does not have unimpaired surplus in the minimum amount of
total capital and surplus required by RCW 48.05.340 may
not issue any new policies or certificates until the society has
unimpaired surplus in the minimum amount of total capital
and surplus required by RCW 48.05.340; however, a foreign
or alien society may continue to issue new policies or
certificates to members of the society who have an existing
policy or certificate in force with the society on June 30,
1997. Once such a foreign or alien society obtains unimpaired surplus in the minimum amount of total capital and
surplus required by RCW 48.05.340, the society must
continue to maintain unimpaired surplus in the minimum
amount of total capital and surplus required by RCW
48.05.340.
(3) After June 30, 1997, a foreign or alien society which
had unimpaired surplus in the minimum amount of total
capital and surplus required by RCW 48.05.340 on December 31, 1996, must continue to maintain unimpaired surplus
in the minimum amount of total capital and surplus required
by RCW 48.05.340.
(4) The commissioner may, by rule, require foreign or
alien fraternal societies to have and maintain a larger amount
of surplus than the minimum amount of capital and surplus
prescribed under RCW 48.05.340, based upon the type,
volume, and nature of insurance business transacted, consistent with the principles of risk-based capital modified to
recognize the special characteristics of fraternal benefit
societies. [1996 c 236 § 2; 1987 c 366 § 29.]
[Title 48 RCW—page 242]
48.36A.310 Deficiencies, noncompliance by societies—Actions against license. (1) The commissioner may
refuse, suspend, or revoke a fraternal benefit society’s
license, if the society:
(a) Has exceeded its powers;
(b) Has failed to comply with any of the provisions of
this chapter;
(c) Is not fulfilling its contracts in good faith;
(d) Is conducting its business fraudulently;
(e) Has a membership of less than four hundred after an
existence of one year or more;
(f) Is found by the commissioner to be in such a
condition that its further transaction of insurance in this state
would be hazardous to certificate holders and the people in
this state;
(g) Refuses to remove or discharge a trustee, director,
or officer who has been convicted of any crime involving
fraud, dishonesty, or like moral turpitude;
(h) Refuses to be examined, or if its trustees, directors,
officers, employees, or representatives refuse to submit to
examination or to produce its accounts, records, and files for
examination by the commissioner when required, or refuse
to perform any legal obligation relative to the examination;
(i) Fails to pay any final judgment rendered against it in
this state upon any certificate, or undertaking issued by it,
within thirty days after the judgment became final or within
thirty days after time for taking an appeal has expired, or
within thirty days after dismissal of an appeal before final
determination, whichever date is the later;
(j) Is found by the commissioner, after investigation or
upon receipt of reliable information, to be managed by
persons, whether by its trustees, directors, officers, or by any
other means, who are incompetent or untrustworthy or so
lacking in fraternal benefit society managerial experience as
to make a proposed operation hazardous to its members; or
that there is good reason to believe it is affiliated directly or
indirectly through ownership, control, or business relations,
with any person or persons whose business operations are or
have been found to be in violation of any law or rule, to the
detriment of the members of the society or of the public, by
bad faith or by manipulation of the assets, or of accounts, or
of reinsurance of the society; or
(k) Does business through agents or other representatives in this state or in any other state who are not properly
licensed under applicable laws and rules.
(2) Nothing in this section shall prevent a society from
continuing, in good faith, all contracts made in this state
during the time the society was legally authorized to transact
business herein. [1996 c 236 § 3; 1987 c 366 § 31.]
48.36A.320 Requirements for injunction. No
application or petition for injunction against any domestic,
foreign, or alien society, or lodge thereof, shall be maintained in any court of this state unless made by the attorney
general upon request of the commissioner. [1987 c 366 §
32.]
48.36A.330 Agents. (1) Agents of societies shall be
licensed in accordance with the applicable provisions of
chapter 48.17 RCW regulating the licensing, revocation,
suspension, or termination of licenses of resident and
(2002 Ed.)
Fraternal Benefit Societies
nonresident agents. Persons who are so authorized by a
fraternal benefit society for a period of one year immediately
prior to June 13, 1963, shall not be required to take and pass
an examination as required by RCW 48.17.110.
(2) The following individuals shall not be deemed an
agent of a fraternal benefit society within the provisions of
subsection (1) of this section:
(a) Any regular salaried officer or employee of a
licensed society who devotes substantially all of their
services to activities other than the solicitation of fraternal
insurance contracts from the public, and who receives for the
solicitation of such contracts no commission or other
compensation directly dependent upon the amount of
business obtained; or
(b) Any agent or representative of a society who
devotes, or intends to devote, less than fifty percent of their
time to the solicitation and procurement of insurance
contracts for such society: PROVIDED, That any person
who in the preceding calendar year has solicited and procured life insurance contracts on behalf of any society in an
amount of insurance in excess of fifty thousand dollars shall
be conclusively presumed to be devoting, or intending to devote, fifty percent of the person’s time to the solicitation or
procurement of insurance contracts for such society. [1987
c 366 § 33.]
48.36A.340 Unfair trade practices. (1) Except as
provided in subsection (2) of this section, every society
authorized to do business in this state shall be subject to the
provisions of chapter 48.30 RCW relating to unfair trade
practices.
(2) Nothing in chapter 48.30 RCW shall be construed as
applying to or affecting the right of any society to determine
its eligibility requirements for membership, or be construed
as applying to or affecting the offering of benefits exclusively to members or persons eligible for membership in the
society by a subsidiary corporation or affiliated organization
of the society. [1987 c 366 § 34.]
48.36A.350 Service of process upon commissioner.
(1) Every society authorized to do business in this state
shall:
(a) Appoint in writing the commissioner and each
successor in office to be its true and lawful attorney upon
whom all lawful process in any action or proceeding against
it shall be served;
(b) Agree in writing that any lawful process against it
which is served on the commissioner shall be of the same
legal force and validity as if served upon the society; and
(c) Agree that the authority shall continue in force so
long as any liability remains outstanding in this state.
Copies of such appointment, certified by said commissioner, shall be deemed sufficient evidence thereof and shall
be admitted in evidence with the same force and effect as
the original.
(2) Service shall only be made upon the commissioner,
or if absent, upon the person in charge of the
commissioner’s office. It shall be made in duplicate and
shall constitute sufficient service upon the society. When
legal process against a society is served upon the commissioner, the commissioner shall forward one of the duplicate
(2002 Ed.)
48.36A.330
copies by registered mail, prepaid, directed to the secretary
or corresponding officer. No service shall require a society
to file its answer, pleading, or defense in less than forty days
from the date of mailing the copy of the service to a society.
Legal process shall not be served upon a society except in
the manner provided in this section. At the time of serving
any process upon the commissioner, the plaintiff or complainant in the action shall pay to the commissioner the fee
established pursuant to RCW 48.05.210. [1987 c 366 § 35.]
48.36A.360 Penalties. (1) Any person who wilfully
makes a false or fraudulent statement in or relating to an
application for membership or for the purpose of obtaining
money from or a benefit in any society, shall upon conviction be fined not less than one hundred dollars nor more than
five hundred dollars or imprisonment in the county jail not
less than thirty days nor more than one year, or both.
(2) Any person who wilfully makes a false or fraudulent
statement in any verified report or declaration under oath
required or authorized by this chapter, or of any material fact
or thing contained in a sworn statement concerning the death
or disability of an insured for the purpose of procuring
payment of a benefit named in the certificate, shall be guilty
of false swearing and shall be subject to the penalties under
RCW 9A.72.040.
(3) Any person who solicits membership for, or in any
manner assists in procuring membership in, any society not
licensed to do business in this state shall be guilty of a
misdemeanor and upon conviction be fined not less than fifty
dollars nor more than two hundred dollars.
(4) Any person guilty of a wilful violation of, or neglect
or refusal to comply with, the provisions of this chapter for
which a penalty is not otherwise prescribed, shall upon
conviction, be subject to a fine not exceeding two hundred
dollars. [1987 c 366 § 36.]
48.36A.370 Exemptions. (1) Nothing contained in
this chapter shall be so construed as to affect or apply to:
(a) Grand or subordinate lodges of Masons, Odd
Fellows, Improved Order of Red Men, Fraternal Order of
Eagles, Loyal Order of Moose, or Knights of Pythias,
exclusive of the insurance department of the Supreme Lodge
of Knights of Pythias, the Grand Aerie Fraternal Order of
Eagles, and the Junior Order of United American Mechanics,
exclusive of the beneficiary degree of insurance branch of
the National Council Junior Order [of] United American
Mechanics, or similar societies which do not issue insurance
certificates;
(b) Orders, societies, or associations which admit to
membership only persons engaged in one or more crafts or
hazardous occupations, in the same or similar lines of
business, insuring only their own members and their families, and the ladies’ societies or ladies’ auxiliaries to such
orders, societies, or associations;
(c) Any association of local lodges of a society now
doing business in this state which provides death benefits not
exceeding three hundred dollars to any one person, or
disability benefit not exceeding three hundred dollars in any
one year to any one person, or both; or any contracts of
reinsurance business on such plan in this state;
[Title 48 RCW—page 243]
48.36A.370
Title 48 RCW: Insurance
(d) Domestic societies which limit their membership to
the employees of a particular city or town, designated firm,
business house, or corporation;
(e) Domestic lodges, orders, or associations of a purely
religious, charitable, and benevolent description, which do
not provide for a death benefit of more than one hundred
dollars, or for disability benefits of more than one hundred
fifty dollars to any one person in any one year: PROVIDED, That any such domestic order or society which has more
than five hundred members and provides for death or
disability benefits, and any such domestic lodge, order, or
society which issues to any person a certificate providing for
the payment of benefits, shall not be exempt by the provisions of this section, but shall comply with all the requirements of this chapter.
The commissioner may require from any society such
information as will enable the commissioner to determine
whether the society is exempt from the provisions of this
chapter.
(2) No society, which is exempt by the provisions of
this section from the requirements of this chapter shall give
or allow or promise to give or allow to any person any
compensation for procuring new members.
(3) Any fraternal benefit society, heretofore organized
and incorporated and operating as set forth in RCW
48.36A.010, 48.36A.020, and 48.36A.030, providing for
benefits in case of death or disability resulting solely from
accidents, but which does not obligate itself to pay other
death or sick benefits, may be licensed under the provisions
of this chapter, and shall have all the privileges and shall be
subject to all the provisions and regulations of this chapter,
except that the provisions of this chapter requiring medical
examinations, valuations of benefit certificates, and that the
certificate shall specify the amount of benefits, shall not
apply to such society.
(4) The commissioner may require from any society or
association, by examination or otherwise, such information
as will enable the commissioner to determine whether the
society or association is exempt from the provisions of this
chapter.
(5) Societies, exempted under the provisions of this
section, shall also be exempt from all other provisions of the
insurance laws of this state. [1987 c 366 § 37.]
48.36A.380 World War I societies. Any corporation,
society, order, or voluntary association operating as set forth
in RCW 48.36A.010, 48.36A.020, and 48.36A.030, organized during the war in which the United States entered on
April 6, 1917, with the purposes of assisting the government
of the United States in maintaining and increasing the
production of commodities essential for the prosecution of
that war, and of developing loyalty to the United States, or
whose membership is limited to veterans of that war, may be
licensed under the provisions of this chapter and shall have
all the privileges and shall be subject to all the provisions
and regulations of this chapter, except that the provisions of
this chapter requiring death benefits of at least one thousand
dollars, medical examinations, and valuations of benefit
certificates, shall not apply to such society, but the society
may provide benefits in case of death or disability resulting
solely from accidents in an amount not exceeding one thou[Title 48 RCW—page 244]
sand dollars and may also provide for death or funeral
benefits, or both, not exceeding one hundred dollars each,
and for sick or disability benefits not exceeding five hundred
dollars to any one person, in any one year. Any corporation,
society, order, or voluntary association organized under the
provisions of this section shall file with the insurance
commissioner a copy of all its rates and policy forms. Rates
and policy forms must be approved by the insurance commissioner before becoming effective. All rates and forms
approved by the commissioner shall be observed by the
society until amended rates or forms shall have been filed
with and approved by the insurance commissioner. [1987 c
366 § 38.]
48.36A.390 Fraternal mutual insurers. (1) A
domestic mutual property insurer which is affiliated with and
is comprised exclusively of members of a specified fraternal
society that conducts its business and secures its membership
on the lodge system, having ritualistic work and ceremonies,
is herein designated as a fraternal mutual insurer.
(2) Only fraternal mutual property insurers which were
authorized insurers immediately prior to October 1, 1947,
may hereafter be so authorized.
(3) A fraternal mutual insurer shall be subject to the
applicable provisions of this title governing domestic mutual
insurers except only as to the provisions relative to taxes,
fees, and licenses. The bylaws of such insurer shall be as
adopted or amended by majority vote of its members present
at a duly held meeting of its members, and a copy thereof
shall be filed with the commissioner. Such an insurer shall
pay for its annual license and filing its annual statement, the
sum of ten dollars. Such an insurer shall pay the expense of
examinations of it by the commissioner. The payment shall
be made upon receipt of statements furnished by the commissioner.
(4) A fraternal mutual insurer may insure corporations,
associations, and firms owned by and affiliated with such
society and operated for the benefit of its members, and may
insure corporations and firms a majority of whose shareholders or members are members of such society.
(5) A fraternal mutual insurer shall participate in and
accept its equitable share of insurance to be issued to
applicants under any assigned risk plan operating pursuant to
RCW 48.22.020, and may participate in and accept its
equitable share of insurance to be issued to applicants under
any similar plan lawfully existing in any state in which the
insurer is authorized to transact insurance, notwithstanding
that the applicants are not otherwise qualified for insurance
under subsection (4) of this section. Applicants who are not
qualified by membership or otherwise for acceptance by the
insurer, shall be so assigned to the insurer except to make up
the deficiency, if any, between the number of qualified
applicants available for assignment and the maximum quota
of applicants to be assigned to the insurer within the current
period.
(6) A fraternal mutual insurer doing business on the
assessment premium plan:
(a) Shall be exempt also from the provisions of this
chapter governing financial qualifications;
(2002 Ed.)
Fraternal Benefit Societies
(b) Shall not be authorized to transact any kind of
insurance other than property insurance, nor have authority
to accept reinsurance.
(7) A fraternal mutual insurer doing business on the
cash premium plan:
(a) May be authorized to transact additional kinds of
insurance, other than life or title insurance, subject to the
same requirements as to surplus funds and reserves as apply
to domestic mutual insurers on the cash premium plan;
(b) May accept reinsurance only of such kinds of
insurance as it is authorized to transact direct and only from
insurers likewise affiliated with and composed solely of the
members of the same designated fraternal society. [1987 c
366 § 39.]
48.36A.400 Fraternal mutual life insurers. (1) A
mutual life insurer which is affiliated with and insures
exclusively members of a specified fraternal society, which
society conducts its business and secures its membership on
the lodge system, having ritualistic work and ceremonies, is
herein designated as a fraternal mutual life insurer.
(2) Such an insurer shall be subject to the applicable
provisions of this title governing mutual life insurers except
only as to the provisions relative to annual meeting, taxes,
fees, and licenses. Such an insurer shall pay for its annual
license and filing its annual statement, the sum of ten dollars. Such an insurer shall pay the expense of examinations
of it by the commissioner, upon statement furnished by the
commissioner. [1987 c 366 § 40.]
48.36A.410 Review of commissioner’s decisions and
findings. All decisions and findings of the commissioner
made under the provisions of this chapter shall be subject to
review as provided in chapter 34.05 RCW. [1987 c 366 §
41.]
48.36A.900 Severability—1987 c 366. If any
provision of this chapter or its application to any person or
circumstance is held invalid, the remainder of the chapter or
the application of the provision to other persons or circumstances is not affected. [1987 c 366 § 43.]
48.36A.901 Effective date—1987 c 366. This act
shall take effect January 1, 1988. [1987 c 366 § 45.]
Chapter 48.38
CHARITABLE GIFT ANNUITY BUSINESS
Sections
48.38.010
48.38.012
48.38.020
48.38.030
48.38.040
48.38.042
48.38.050
(2002 Ed.)
Certificate of exemption—Qualification for—Application,
contents—Minimum unrestricted net assets—"Qualified
actuary" defined.
Minimum unrestricted net assets required.
Separate reserve fund—Treatment of assets—Minimum
amounts—Revocation of certificate upon violation—
Purchase of single premium life annuity.
Charitable annuity contract or policy form—Contents.
Certificate holder exempt from certain title provisions—
Chapter 48.31 RCW applies.
Certificate holder—Variable annuity business prohibited.
Grounds for denial, revocation, or suspension of certificate
of exemption—Fine may be levied.
48.38.060
48.38.070
48.38.075
48.36A.390
Hearings and appeals provisions inapplicable.
Enforcement powers and duties.
Rules.
48.38.010 Certificate of exemption—Qualification
for—Application, contents—Minimum unrestricted net
assets—"Qualified actuary" defined. The commissioner
may grant a certificate of exemption to any insurer or
educational, religious, charitable, or scientific institution
conducting a charitable gift annuity business:
(1) Which is organized and operated exclusively as, or
for the purpose of aiding, an educational, religious, charitable, or scientific institution which is organized as a nonprofit
organization without profit to any person, firm, partnership,
association, corporation, or other entity;
(2) Which possesses a current tax exempt status under
the laws of the United States;
(3) Which serves such purpose by issuing charitable gift
annuity contracts only for the benefit of such educational,
religious, charitable, or scientific institution;
(4) Which appoints the insurance commissioner as its
true and lawful attorney upon whom may be served lawful
process in any action, suit, or proceeding in any court, which
appointment shall be irrevocable, shall bind the insurer or
institution or any successor in interest, shall remain in effect
as long as there is in force in this state any contract made or
issued by the insurer or institution, or any obligation arising
therefrom, and shall be processed in accordance with RCW
48.05.210;
(5) Which is fully and legally organized and qualified
to do business and has been actively doing business under
the laws of the state of its domicile for a period of at least
three years prior to its application for a certificate of
exemption;
(6) Which has and maintains minimum unrestricted net
assets of five hundred thousand dollars. "Unrestricted net
assets" means the excess of total assets over total liabilities
that are neither permanently restricted nor temporarily
restricted by donor-imposed stipulations;
(7) Which files with the insurance commissioner its
application for a certificate of exemption showing:
(a) Its name, location, and organization date;
(b) The kinds of charitable annuities it proposes to offer;
(c) A statement of the financial condition, management,
and affairs of the organization and any affiliate thereof, as
that term is defined in RCW 48.31B.005, on a form satisfactory to, or furnished by the insurance commissioner;
(d) Such other documents, stipulations, or information
as the insurance commissioner may reasonably require to
evidence compliance with the provisions of this chapter;
(8) Which subjects itself and any affiliate thereof, as
that term is defined in RCW 48.31B.005, to periodic
examinations conducted under chapter 48.03 RCW as may
be deemed necessary by the insurance commissioner;
(9) Which files with the insurance commissioner for the
commissioner’s advance approval a copy of any policy or
contract form to be offered or issued to residents of this
state. The grounds for disapproval of the policy or contract
form shall be those set forth in RCW 48.18.110; and
(10) Which:
(a) Files with the insurance commissioner on or before
March 1 of each year a copy of its annual statement pre[Title 48 RCW—page 245]
48.38.010
Title 48 RCW: Insurance
pared pursuant to the laws of its state of domicile, as well as
such other financial material as may be requested, including
the annual statement or other such financial materials as may
be requested relating to any affiliate, as that term is defined
in RCW 48.31B.005; and
(b) Coincident with the filing of its annual statement,
pays an annual filing fee of twenty-five dollars plus five
dollars for each charitable gift annuity contract written for
residents of this state during the previous calendar year; and
(c) Which includes on or attaches to the first page of the
annual statement the statement of a qualified actuary setting
forth the actuary’s opinion relating to annuity reserves and
other actuarial items. "Qualified actuary" as used in this
subsection means a member in good standing of the American academy of actuaries or a person who has otherwise
demonstrated actuarial competence to the satisfaction of the
insurance regulatory official of the domiciliary state. [1998
c 284 § 1; 1979 c 130 § 6.]
Severability—1979 c 130: See note following RCW 28B.10.485.
48.38.012 Minimum unrestricted net assets required. After June 30, 1998, an insurer or institution which
does not have the minimum unrestricted net assets required
by RCW 48.38.010(6) may not issue any new charitable gift
annuities until the insurer or institution has and maintains the
minimum unrestricted net assets required by RCW
48.38.010(6). [1998 c 284 § 7.]
48.38.020 Separate reserve fund—Treatment of
assets—Minimum amounts—Revocation of certificate
upon violation—Purchase of single premium life annuity.
(1) Upon granting to such insurer or institution under RCW
48.38.010 a certificate of exemption to conduct a charitable
gift annuity business, the insurance commissioner shall
require it to establish and maintain a separate reserve fund
adequate to meet the future payments under its charitable gift
annuity contracts.
(2) The assets of the separate reserve fund:
(a) Shall be held legally and physically segregated from
the other assets of the certificate of exemption holder;
(b) Shall be invested in the same manner that persons of
reasonable prudence, discretion, and intelligence exercise in
the management of a like enterprise, not in regard to
speculating but in regard to the permanent disposition of
their funds, considering the probable income as well as the
probable safety of their capital. Investments shall be of
sufficient value, liquidity, and diversity to assure the insurer
or institution’s ability to meet its outstanding obligations; and
(c) Shall not be liable for any debts of the insurer or
institution holding a certificate of exemption under this
chapter, other than those incurred pursuant to the issuance of
charitable gift annuities.
(3) The amount of the separate reserve fund shall be:
(a) For contracts issued prior to July 1, 1998, not less
than an amount computed in accordance with the standard of
valuation based on the 1971 individual annuity mortality
table with six percent interest for single premium immediate
annuity contracts and four percent interest for all other
individual annuity contracts;
(b) For contracts issued on or after July 1, 1998, in an
amount not less than the aggregate reserves calculated
[Title 48 RCW—page 246]
according to the standards set forth in RCW 48.74.030 for
other annuities with no cash settlement options;
(c) Plus a surplus of ten percent of the combined
amounts under (a) and (b) of this subsection.
(4) The general assets of the insurer or institution
holding a certificate of exemption under this chapter shall be
liable for the payment of annuities to the extent that the
separate reserve fund is inadequate.
(5) For any failure on its part to establish and maintain
the separate reserve fund, the insurance commissioner shall
revoke its certificate of exemption.
(6) If an institution holding a certificate of exemption
under RCW 48.38.010 has purchased a single premium life
annuity that pays the entire amount stipulated in the gift
annuity agreement or agreements from an insurer (a) holding
a certificate of authority under chapter 48.05 RCW, (b)
licensed in the state in which the institution has its principle
office, and (c) licensed in the state in which the single
premium life annuity is issued, then in determining the
minimum reserve fund that must be maintained under this
section, a deduction shall be allowed from the minimum
reserve fund in an amount not exceeding the reserve fund
amount required for the annuity or annuities for which the
single premium life annuity is purchased, subject to the
following conditions:
(i) The institution has filed with the commissioner a
copy of the single premium life annuity purchased and
specifying which charitable gift annuity or annuities are
being insured; and
(ii) The institution has entered into a written agreement
with the annuitant and the insurer issuing the single premium
life annuity providing that if for any reason the institution is
unable to continue making the annuity payments required by
its annuity agreements, the annuitants shall receive payments
directly from the insurer and the insurer shall be credited
with all of these direct payments in the accounts between the
insurer and the institution. [2002 c 295 § 1; 1998 c 284 §
2; 1979 c 130 § 7.]
Severability—1979 c 130: See note following RCW 28B.10.485.
48.38.030 Charitable annuity contract or policy
form—Contents. Each charitable annuity contract or policy
form shall include the following information:
(1) The value of the property to be transferred;
(2) The amount of the annuity to be paid to the transferor or the transferor’s nominee;
(3) The manner in which and the intervals at which
payment is to be made;
(4) The age of the person during whose life payment is
to be made; and
(5) The reasonable value as of the date of the agreement
of the benefits thereby created. This value shall not exceed
by more than fifteen percent the net single premium for the
benefits, determined in accordance with the standard of
valuation set forth in *RCW 48.38.020(1). [1979 c 130 § 8.]
*Reviser’s note: RCW 48.38.020 was amended by 1998 c 284 § 2,
changing subsection (1) to subsection (3)(a).
Severability—1979 c 130: See note following RCW 28B.10.485.
48.38.040 Certificate holder exempt from certain
title provisions—Chapter 48.31 RCW applies. (1) An
(2002 Ed.)
Charitable Gift Annuity Business
insurer or institution holding a certificate of exemption under
this chapter shall be exempt from all other provisions of this
title except as specifically enumerated in this chapter by
reference.
(2) An insurer or institution holding a certificate of
exemption under this chapter is subject to chapter 48.31
RCW. [1998 c 284 § 3; 1979 c 130 § 9.]
Severability—1979 c 130: See note following RCW 28B.10.485.
Chapter 48.41
HEALTH INSURANCE COVERAGE ACCESS ACT
Sections
48.41.010
48.41.020
48.41.030
48.41.037
48.41.040
48.38.042 Certificate holder—Variable annuity
business prohibited. An insurer or institution holding a
certificate of exemption to issue charitable gift annuities
under this chapter shall not transact or be authorized to
transact a variable annuity business as described in chapter
48.18A RCW. [1998 c 284 § 5.]
48.41.050
48.41.060
48.41.070
48.41.080
48.41.090
48.38.050 Grounds for denial, revocation, or
suspension of certificate of exemption—Fine may be
levied. (1) The insurance commissioner may refuse to grant,
or may revoke or suspend, a certificate of exemption if the
insurance commissioner finds that the insurer or institution
does not meet the requirements of this chapter or if the
insurance commissioner finds that the insurer or institution
has violated RCW 48.01.030 or any provisions of chapter
48.30 RCW or is found by the insurance commissioner to be
in such condition that its further issuance of charitable gift
annuities would be hazardous to annuity contract holders and
the people of this state.
(2) After hearing or with the consent of the insurer or
institution and in addition to or in lieu of the suspension,
revocation, or refusal to renew any certificate of exemption,
the commissioner may levy a fine upon the insurer or
institution in an amount not more than ten thousand dollars.
The order levying such a fine shall specify the period within
which the fine shall be fully paid and which period shall not
be less than fifteen nor more than thirty days from the date
of the order. Upon failure to pay such a fine when due the
commissioner shall revoke the certificate of exemption of the
insurer or institution if not already revoked, and the fine
shall be recovered in a civil action brought in behalf of the
commissioner by the attorney general. Any fine so collected
shall be paid by the commissioner to the state treasurer for
the account of the general fund. [1998 c 284 § 4; 1979 c
130 § 10.]
48.41.120
48.41.130
48.41.140
48.41.150
48.41.160
Severability—1979 c 130: See note following RCW 28B.10.485.
48.38.060 Hearings and appeals provisions inapplicable. For purposes of this chapter, the provisions of
chapter 48.04 RCW are applicable. [1979 c 130 § 11.]
Severability—1979 c 130: See note following RCW 28B.10.485.
48.38.070 Enforcement powers and duties. For the
purposes of this chapter, the insurance commissioner has the
same powers and duties of enforcement as are provided in
RCW 48.02.080. [1979 c 130 § 12.]
Severability—1979 c 130: See note following RCW 28B.10.485.
48.38.075 Rules. The commissioner may adopt rules
to implement and administer this chapter. [1998 c 284 § 6.]
(2002 Ed.)
48.38.040
48.41.100
48.41.110
48.41.170
48.41.190
48.41.200
48.41.210
48.41.900
48.41.910
Group stop
Short title.
Intent.
Definitions.
Washington state health insurance pool account.
Health insurance pool—Creation, membership, organization,
operation, rules.
Operation plan—Contents.
Board powers and duties.
Examination and report.
Pool administrator—Selection, term, duties, pay.
Financial participation in pool—Computation, deficit assessments.
Eligibility for coverage.
Policy coverage—Eligible expenses, cost containment, limits—Explanatory brochure.
Deductibles—Coinsurance—Carryover.
Policy forms—Approval required.
Coverage for children, unmarried dependents.
Medical supplement policy.
Renewal, termination, dependents’ coverage—Rate changes—Continuation.
Required rule making.
Civil and criminal immunity.
Rates—Standard risk and maximum.
Last payor of benefits.
Federal supremacy.
Severability—1987 c 431.
loss insurance exemption: RCW 48.21.015.
48.41.010 Short title. This chapter shall be known
and may be cited as the "Washington state health insurance
coverage access act". [1987 c 431 § 1.]
48.41.020 Intent. It is the purpose and intent of the
legislature to provide access to health insurance coverage to
all residents of Washington who are denied health insurance.
It is the intent of the Washington state health insurance
coverage access act to provide a mechanism to ensure the
availability of comprehensive health insurance to persons
unable to obtain such insurance coverage on either an
individual or group basis directly under any health plan.
[2000 c 79 § 5; 1987 c 431 § 2.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.41.030 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Accounting year" means a twelve-month period
determined by the board for purposes of record-keeping and
accounting. The first accounting year may be more or less
than twelve months and, from time to time in subsequent
years, the board may order an accounting year of other than
twelve months as may be required for orderly management
and accounting of the pool.
(2) "Administrator" means the entity chosen by the
board to administer the pool under RCW 48.41.080.
(3) "Board" means the board of directors of the pool.
(4) "Commissioner" means the insurance commissioner.
(5) "Covered person" means any individual resident of
this state who is eligible to receive benefits from any
member, or other health plan.
[Title 48 RCW—page 247]
48.41.030
Title 48 RCW: Insurance
(6) "Health care facility" has the same meaning as in
RCW 70.38.025.
(7) "Health care provider" means any physician, facility,
or health care professional, who is licensed in Washington
state and entitled to reimbursement for health care services.
(8) "Health care services" means services for the
purpose of preventing, alleviating, curing, or healing human
illness or injury.
(9) "Health carrier" or "carrier" has the same meaning
as in RCW 48.43.005.
(10) "Health coverage" means any group or individual
disability insurance policy, health care service contract, and
health maintenance agreement, except those contracts entered
into for the provision of health care services pursuant to
Title XVIII of the Social Security Act, 42 U.S.C. Sec. 1395
et seq. The term does not include short-term care, long-term
care, dental, vision, accident, fixed indemnity, disability
income contracts, limited benefit or credit insurance, coverage issued as a supplement to liability insurance, insurance
arising out of the worker’s compensation or similar law,
automobile medical payment insurance, or insurance under
which benefits are payable with or without regard to fault
and which is statutorily required to be contained in any
liability insurance policy or equivalent self-insurance.
(11) "Health plan" means any arrangement by which
persons, including dependents or spouses, covered or making
application to be covered under this pool, have access to
hospital and medical benefits or reimbursement including
any group or individual disability insurance policy; health
care service contract; health maintenance agreement; uninsured arrangements of group or group-type contracts including employer self-insured, cost-plus, or other benefit methodologies not involving insurance or not governed by Title 48
RCW; coverage under group-type contracts which are not
available to the general public and can be obtained only
because of connection with a particular organization or
group; and coverage by medicare or other governmental
benefits. This term includes coverage through "health
coverage" as defined under this section, and specifically
excludes those types of programs excluded under the
definition of "health coverage" in subsection (10) of this
section.
(12) "Medical assistance" means coverage under Title
XIX of the federal Social Security Act (42 U.S.C., Sec. 1396
et seq.) and chapter 74.09 RCW.
(13) "Medicare" means coverage under Title XVIII of
the Social Security Act, (42 U.S.C. Sec. 1395 et seq., as
amended).
(14) "Member" means any commercial insurer which
provides disability insurance or stop loss insurance, any
health care service contractor, and any health maintenance
organization licensed under Title 48 RCW. "Member" also
means the Washington state health care authority as issuer of
the state uniform medical plan. "Member" shall also mean,
as soon as authorized by federal law, employers and other
entities, including a self-funding entity and employee welfare
benefit plans that provide health plan benefits in this state on
or after May 18, 1987. "Member" does not include any
insurer, health care service contractor, or health maintenance
organization whose products are exclusively dental products
or those products excluded from the definition of "health
coverage" set forth in subsection (10) of this section.
[Title 48 RCW—page 248]
(15) "Network provider" means a health care provider
who has contracted in writing with the pool administrator or
a health carrier contracting with the pool administrator to
offer pool coverage to accept payment from and to look
solely to the pool or health carrier according to the terms of
the pool health plans.
(16) "Plan of operation" means the pool, including
articles, by-laws, and operating rules, adopted by the board
pursuant to RCW 48.41.050.
(17) "Point of service plan" means a benefit plan offered
by the pool under which a covered person may elect to
receive covered services from network providers, or
nonnetwork providers at a reduced rate of benefits.
(18) "Pool" means the Washington state health insurance
pool as created in RCW 48.41.040. [2001 c 196 § 2; 2000
c 79 § 6; 1997 c 337 § 6; 1997 c 231 § 210; 1989 c 121 §
1; 1987 c 431 § 3.]
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
48.41.037 Washington state health insurance pool
account. The Washington state health insurance pool
account is created in the custody of the state treasurer. All
receipts from moneys specifically appropriated to the account
must be deposited in the account. Expenditures from this
account shall be used to cover deficits incurred by the
Washington state health insurance pool under this chapter in
excess of the threshold established in this section. To the
extent funds are available in the account, funds shall be
expended from the account to offset that portion of the
deficit that would otherwise have to be recovered by
imposing an assessment on members in excess of a threshold
of seventy cents per insured person per month. The commissioner shall authorize expenditures from the account, to
the extent that funds are available in the account, upon
certification by the pool board that assessments will exceed
the threshold level established in this section. The account
is subject to the allotment procedures under chapter 43.88
RCW, but an appropriation is not required for expenditures.
[2000 c 79 § 36.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.41.040 Health insurance pool—Creation, membership, organization, operation, rules. (1) There is
created a nonprofit entity to be known as the Washington
state health insurance pool. All members in this state on or
after May 18, 1987, shall be members of the pool. When
authorized by federal law, all self-insured employers shall
also be members of the pool.
(2) Pursuant to chapter 34.05 RCW the commissioner
shall, within ninety days after May 18, 1987, give notice to
all members of the time and place for the initial organizational meetings of the pool. A board of directors shall be
established, which shall be comprised of ten members. The
governor shall select one member of the board from each list
of three nominees submitted by statewide organizations
representing each of the following: (a) Health care providers; (b) health insurance agents; (c) small employers; and (d)
(2002 Ed.)
Health Insurance Coverage Access Act
large employers. The governor shall select two members of
the board from a list of nominees submitted by statewide
organizations representing health care consumers. In making
these selections, the governor may request additional names
from the statewide organizations representing each of the
persons to be selected if the governor chooses not to select
a member from the list submitted. The remaining four
members of the board shall be selected by election from
among the members of the pool. The elected members shall,
to the extent possible, include at least one representative of
health care service contractors, one representative of health
maintenance organizations, and one representative of
commercial insurers which provides disability insurance.
The members of the board shall elect a chair from the voting
members of the board. The insurance commissioner shall be
a nonvoting, ex officio member. When self-insured organizations other than the Washington state health care authority
become eligible for participation in the pool, the membership
of the board shall be increased to eleven and at least one
member of the board shall represent the self-insurers.
(3) The original members of the board of directors shall
be appointed for intervals of one to three years. Thereafter,
all board members shall serve a term of three years. Board
members shall receive no compensation, but shall be reimbursed for all travel expenses as provided in RCW 43.03.050
and 43.03.060.
(4) The board shall submit to the commissioner a plan
of operation for the pool and any amendments thereto
necessary or suitable to assure the fair, reasonable, and
equitable administration of the pool. The commissioner
shall, after notice and hearing pursuant to chapter 34.05
RCW, approve the plan of operation if it is determined to
assure the fair, reasonable, and equitable administration of
the pool and provides for the sharing of pool losses on an
equitable, proportionate basis among the members of the
pool. The plan of operation shall become effective upon
approval in writing by the commissioner consistent with the
date on which the coverage under this chapter must be made
available. If the board fails to submit a plan of operation
within one hundred eighty days after the appointment of the
board or any time thereafter fails to submit acceptable
amendments to the plan, the commissioner shall, within
ninety days after notice and hearing pursuant to chapters
34.05 and 48.04 RCW, adopt such rules as are necessary or
advisable to effectuate this chapter. The rules shall continue
in force until modified by the commissioner or superseded
by a plan submitted by the board and approved by the
commissioner. [2000 c 80 § 1; 2000 c 79 § 7; 1989 c 121
§ 2; 1987 c 431 § 4.]
Board of directors—Dissolved—New members—2000 c 79: "Sixty
days from March 23, 2000, the existing board of directors of the Washington state health insurance pool shall be dissolved, and the appointment or
election of new members under RCW 48.41.040 shall be effective. For
purposes of setting terms, the new members shall be treated as original
members." [2000 c 79 § 8.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.41.050 Operation plan—Contents. The plan of
operation submitted by the board to the commissioner shall:
(1) Establish procedures for the handling and accounting
of assets and moneys of the pool;
(2002 Ed.)
48.41.040
(2) Establish regular times and places for meetings of
the board of directors;
(3) Establish procedures for records to be kept of all
financial transactions and for an annual fiscal reporting to
the commissioner;
(4) Contain additional provisions necessary and proper
for the execution of the powers and duties of the pool;
(5) Establish procedures for the collection of assessments from all members to provide for claims paid under the
plan and for administrative expenses incurred or estimated to
be incurred during the period for which the assessment is
made;
(6) Establish the amount of assessment pursuant to
RCW 48.41.060, which shall occur after March 1st of each
calendar year, and which shall be due and payable within
thirty days of the receipt of the assessment notice;
(7) Select an administrator in accordance with RCW
48.41.080;
(8) Develop and implement a program to publicize the
existence of the plan, the eligibility requirements and
procedures for enrollment, and to maintain public awareness
of the plan; and
(9) Establish procedures under which applicants and
participants may have grievances reviewed by an impartial
body and reported to the board. [1987 c 431 § 5.]
48.41.060 Board powers and duties. (1) The board
shall have the general powers and authority granted under
the laws of this state to insurance companies, health care
service contractors, and health maintenance organizations,
licensed or registered to offer or provide the kinds of health
coverage defined under this title. In addition thereto, the
board shall:
(a) Designate or establish the standard health questionnaire to be used under RCW 48.41.100 and 48.43.018,
including the form and content of the standard health
questionnaire and the method of its application. The
questionnaire must provide for an objective evaluation of an
individual’s health status by assigning a discreet measure,
such as a system of point scoring to each individual. The
questionnaire must not contain any questions related to
pregnancy, and pregnancy shall not be a basis for coverage
by the pool. The questionnaire shall be designed such that
it is reasonably expected to identify the eight percent of persons who are the most costly to treat who are under individual coverage in health benefit plans, as defined in RCW
48.43.005, in Washington state or are covered by the pool,
if applied to all such persons;
(b) Obtain from a member of the American academy of
actuaries, who is independent of the board, a certification
that the standard health questionnaire meets the requirements
of (a) of this subsection;
(c) Approve the standard health questionnaire and any
modifications needed to comply with this chapter. The
standard health questionnaire shall be submitted to an
actuary for certification, modified as necessary, and approved
at least every eighteen months. The designation and approval of the standard health questionnaire by the board shall not
be subject to review and approval by the commissioner. The
standard health questionnaire or any modification thereto
shall not be used until ninety days after public notice of the
[Title 48 RCW—page 249]
48.41.060
Title 48 RCW: Insurance
approval of the questionnaire or any modification thereto,
except that the initial standard health questionnaire approved
for use by the board after March 23, 2000, may be used
immediately following public notice of such approval;
(d) Establish appropriate rates, rate schedules, rate
adjustments, expense allowances, claim reserve formulas and
any other actuarial functions appropriate to the operation of
the pool. Rates shall not be unreasonable in relation to the
coverage provided, the risk experience, and expenses of
providing the coverage. Rates and rate schedules may be
adjusted for appropriate risk factors such as age and area
variation in claim costs and shall take into consideration
appropriate risk factors in accordance with established
actuarial underwriting practices consistent with Washington
state individual plan rating requirements under RCW
48.44.022 and 48.46.064;
(e) Assess members of the pool in accordance with the
provisions of this chapter, and make advance interim
assessments as may be reasonable and necessary for the
organizational or interim operating expenses. Any interim
assessments will be credited as offsets against any regular
assessments due following the close of the year;
(f) Issue policies of health coverage in accordance with
the requirements of this chapter;
(g) Establish procedures for the administration of the
premium discount provided under RCW 48.41.200(3)(a)(iii);
(h) Contract with the Washington state health care
authority for the administration of the premium discounts
provided under RCW 48.41.200(3)(a) (i) and (ii);
(i) Set a reasonable fee to be paid to an insurance agent
licensed in Washington state for submitting an acceptable
application for enrollment in the pool; and
(j) Provide certification to the commissioner when
assessments will exceed the threshold level established in
RCW 48.41.037.
(2) In addition thereto, the board may:
(a) Enter into contracts as are necessary or proper to
carry out the provisions and purposes of this chapter including the authority, with the approval of the commissioner, to
enter into contracts with similar pools of other states for the
joint performance of common administrative functions, or
with persons or other organizations for the performance of
administrative functions;
(b) Sue or be sued, including taking any legal action as
necessary to avoid the payment of improper claims against
the pool or the coverage provided by or through the pool;
(c) Appoint appropriate legal, actuarial, and other
committees as necessary to provide technical assistance in
the operation of the pool, policy, and other contract design,
and any other function within the authority of the pool; and
(d) Conduct periodic audits to assure the general
accuracy of the financial data submitted to the pool, and the
board shall cause the pool to have an annual audit of its
operations by an independent certified public accountant.
(3) Nothing in this section shall be construed to require
or authorize the adoption of rules under chapter 34.05 RCW.
[2000 c 79 § 9; 1997 c 337 § 5; 1997 c 231 § 211; 1989 c
121 § 3; 1987 c 431 § 6.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
[Title 48 RCW—page 250]
Report on implementation of 1987 c 431: "The board shall report
to the commissioner and the appropriate committees of the legislature by
April 1, 1990, on the implementation of this act. The report shall include
information regarding enrollment, coverage utilization, cost, and any
problems with the program and suggest remedies." [1987 c 431 § 26.]
48.41.070 Examination and report. The pool shall
be subject to examination by the commissioner as provided
under chapter 48.03 RCW. The board of directors shall
submit to the commissioner, not later than one hundred
twenty days after the end of each accounting year, a financial report for the year in a form approved by the commissioner. [1998 c 245 § 98; 1989 c 121 § 4; 1987 c 431 § 7.]
48.41.080 Pool administrator—Selection, term,
duties, pay. The board shall select an administrator through
a competitive bidding process to administer the pool.
(1) The board shall evaluate bids based upon criteria
established by the board, which shall include:
(a) The administrator’s proven ability to handle health
coverage;
(b) The efficiency of the administrator’s claim-paying
procedures;
(c) An estimate of the total charges for administering
the plan; and
(d) The administrator’s ability to administer the pool in
a cost-effective manner.
(2) The administrator shall serve for a period of three
years subject to removal for cause. At least six months prior
to the expiration of each three-year period of service by the
administrator, the board shall invite all interested parties,
including the current administrator, to submit bids to serve
as the administrator for the succeeding three-year period.
Selection of the administrator for this succeeding period shall
be made at least three months prior to the end of the current
three-year period.
(3) The administrator shall perform such duties as may
be assigned by the board including:
(a) Administering eligibility and administrative claim
payment functions relating to the pool;
(b) Establishing a premium billing procedure for
collection of premiums from covered persons. Billings shall
be made on a periodic basis as determined by the board,
which shall not be more frequent than a monthly billing;
(c) Performing all necessary functions to assure timely
payment of benefits to covered persons under the pool
including:
(i) Making available information relating to the proper
manner of submitting a claim for benefits to the pool, and
distributing forms upon which submission shall be made;
(ii) Taking steps necessary to offer and administer
managed care benefit plans; and
(iii) Evaluating the eligibility of each claim for payment
by the pool;
(d) Submission of regular reports to the board regarding
the operation of the pool. The frequency, content, and form
of the report shall be as determined by the board;
(e) Following the close of each accounting year,
determination of net paid and earned premiums, the expense
of administration, and the paid and incurred losses for the
year and reporting this information to the board and the
commissioner on a form as prescribed by the commissioner.
(2002 Ed.)
Health Insurance Coverage Access Act
(4) The administrator shall be paid as provided in the
contract between the board and the administrator for its
expenses incurred in the performance of its services. [2000
c 79 § 10; 1997 c 231 § 212; 1989 c 121 § 5; 1987 c 431 §
8.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
48.41.090 Financial participation in pool—
Computation, deficit assessments. (1) Following the close
of each accounting year, the pool administrator shall determine the net premium (premiums less administrative expense
allowances), the pool expenses of administration, and
incurred losses for the year, taking into account investment
income and other appropriate gains and losses.
(2)(a) Each member’s proportion of participation in the
pool shall be determined annually by the board based on
annual statements and other reports deemed necessary by the
board and filed by the member with the commissioner; and
shall be determined by multiplying the total cost of pool
operation by a fraction. The numerator of the fraction
equals that member’s total number of resident insured
persons, including spouse and dependents, covered under all
health plans in the state by that member during the preceding
calendar year. The denominator of the fraction equals the
total number of resident insured persons, including spouses
and dependents, covered under all health plans in the state
by all pool members during the preceding calendar year.
(b) For purposes of calculating the numerator and the
denominator under (a) of this subsection:
(i) All health plans in the state by the state health care
authority include only the uniform medical plan; and
(ii) Each ten resident insured persons, including spouse
and dependents, under a stop loss plan or the uniform
medical plan shall count as one resident insured person.
(c) Except as provided in RCW 48.41.037, any deficit
incurred by the pool shall be recouped by assessments
among members apportioned under this subsection pursuant
to the formula set forth by the board among members.
(3) The board may abate or defer, in whole or in part,
the assessment of a member if, in the opinion of the board,
payment of the assessment would endanger the ability of the
member to fulfill its contractual obligations. If an assessment against a member is abated or deferred in whole or in
part, the amount by which such assessment is abated or
deferred may be assessed against the other members in a
manner consistent with the basis for assessments set forth in
subsection (2) of this section. The member receiving such
abatement or deferment shall remain liable to the pool for
the deficiency.
(4) If assessments exceed actual losses and administrative expenses of the pool, the excess shall be held at interest
and used by the board to offset future losses or to reduce
pool premiums. As used in this subsection, "future losses"
includes reserves for incurred but not reported claims. [2000
c 79 § 11; 1989 c 121 § 6; 1987 c 431 § 9.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
(2002 Ed.)
48.41.080
48.41.100 Eligibility for coverage. (1) The following
persons who are residents of this state are eligible for pool
coverage:
(a) Any person who provides evidence of a carrier’s
decision not to accept him or her for enrollment in an
individual health benefit plan as defined in RCW 48.43.005
based upon, and within ninety days of the receipt of, the
results of the standard health questionnaire designated by the
board and administered by health carriers under RCW
48.43.018;
(b) Any person who continues to be eligible for pool
coverage based upon the results of the standard health
questionnaire designated by the board and administered by
the pool administrator pursuant to subsection (3) of this
section;
(c) Any person who resides in a county of the state
where no carrier or insurer eligible under chapter 48.15
RCW offers to the public an individual health benefit plan
other than a catastrophic health plan as defined in RCW
48.43.005 at the time of application to the pool, and who
makes direct application to the pool; and
(d) Any medicare eligible person upon providing
evidence of rejection for medical reasons, a requirement of
restrictive riders, an up-rated premium, or a preexisting
conditions limitation on a medicare supplemental insurance
policy under chapter 48.66 RCW, the effect of which is to
substantially reduce coverage from that received by a person
considered a standard risk by at least one member within six
months of the date of application.
(2) The following persons are not eligible for coverage
by the pool:
(a) Any person having terminated coverage in the pool
unless (i) twelve months have lapsed since termination, or
(ii) that person can show continuous other coverage which
has been involuntarily terminated for any reason other than
nonpayment of premiums. However, these exclusions do not
apply to eligible individuals as defined in section 2741(b) of
the federal health insurance portability and accountability act
of 1996 (42 U.S.C. Sec. 300gg-41(b));
(b) Any person on whose behalf the pool has paid out
one million dollars in benefits;
(c) Inmates of public institutions and persons whose
benefits are duplicated under public programs. However,
these exclusions do not apply to eligible individuals as
defined in section 2741(b) of the federal health insurance
portability and accountability act of 1996 (42 U.S.C. Sec.
300gg-41(b));
(d) Any person who resides in a county of the state
where any carrier or insurer regulated under chapter 48.15
RCW offers to the public an individual health benefit plan
other than a catastrophic health plan as defined in RCW
48.43.005 at the time of application to the pool and who
does not qualify for pool coverage based upon the results of
the standard health questionnaire, or pursuant to subsection
(1)(d) of this section.
(3) When a carrier or insurer regulated under chapter
48.15 RCW begins to offer an individual health benefit plan
in a county where no carrier had been offering an individual
health benefit plan:
(a) If the health benefit plan offered is other than a
catastrophic health plan as defined in RCW 48.43.005, any
person enrolled in a pool plan pursuant to subsection (1)(c)
[Title 48 RCW—page 251]
48.41.100
Title 48 RCW: Insurance
of this section in that county shall no longer be eligible for
coverage under that plan pursuant to subsection (1)(c) of this
section, but may continue to be eligible for pool coverage
based upon the results of the standard health questionnaire
designated by the board and administered by the pool
administrator. The pool administrator shall offer to administer the questionnaire to each person no longer eligible for
coverage under subsection (1)(c) of this section within thirty
days of determining that he or she is no longer eligible;
(b) Losing eligibility for pool coverage under this
subsection (3) does not affect a person’s eligibility for pool
coverage under subsection (1)(a), (b), or (d) of this section;
and
(c) The pool administrator shall provide written notice
to any person who is no longer eligible for coverage under
a pool plan under this subsection (3) within thirty days of
the administrator’s determination that the person is no longer
eligible. The notice shall: (i) Indicate that coverage under
the plan will cease ninety days from the date that the notice
is dated; (ii) describe any other coverage options, either in
or outside of the pool, available to the person; (iii) describe
the procedures for the administration of the standard health
questionnaire to determine the person’s continued eligibility
for coverage under subsection (1)(b) of this section; and (iv)
describe the enrollment process for the available options
outside of the pool. [2001 c 196 § 3; 2000 c 79 § 12; 1995
c 34 § 5; 1989 c 121 § 7; 1987 c 431 § 10.]
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.41.110 Policy coverage—Eligible expenses, cost
containment, limits—Explanatory brochure. (1) The pool
shall offer one or more care management plans of coverage.
Such plans may, but are not required to, include point of service features that permit participants to receive in-network
benefits or out-of-network benefits subject to differential cost
shares. Covered persons enrolled in the pool on January 1,
2001, may continue coverage under the pool plan in which
they are enrolled on that date. However, the pool may
incorporate managed care features into such existing plans.
(2) The administrator shall prepare a brochure outlining
the benefits and exclusions of the pool policy in plain
language. After approval by the board, such brochure shall
be made reasonably available to participants or potential
participants.
(3) The health insurance policy issued by the pool shall
pay only reasonable amounts for medically necessary eligible
health care services rendered or furnished for the diagnosis
or treatment of illnesses, injuries, and conditions which are
not otherwise limited or excluded. Eligible expenses are the
reasonable amounts for the health care services and items for
which benefits are extended under the pool policy. Such
benefits shall at minimum include, but not be limited to, the
following services or related items:
(a) Hospital services, including charges for the most
common semiprivate room, for the most common private
room if semiprivate rooms do not exist in the health care
facility, or for the private room if medically necessary, but
limited to a total of one hundred eighty inpatient days in a
calendar year, and limited to thirty days inpatient care for
[Title 48 RCW—page 252]
mental and nervous conditions, or alcohol, drug, or chemical
dependency or abuse per calendar year;
(b) Professional services including surgery for the
treatment of injuries, illnesses, or conditions, other than
dental, which are rendered by a health care provider, or at
the direction of a health care provider, by a staff of registered or licensed practical nurses, or other health care
providers;
(c) The first twenty outpatient professional visits for the
diagnosis or treatment of one or more mental or nervous
conditions or alcohol, drug, or chemical dependency or abuse
rendered during a calendar year by one or more physicians,
psychologists, or community mental health professionals, or,
at the direction of a physician, by other qualified licensed
health care practitioners, in the case of mental or nervous
conditions, and rendered by a state certified chemical
dependency program approved under chapter 70.96A RCW,
in the case of alcohol, drug, or chemical dependency or
abuse;
(d) Drugs and contraceptive devices requiring a prescription;
(e) Services of a skilled nursing facility, excluding
custodial and convalescent care, for not more than one
hundred days in a calendar year as prescribed by a physician;
(f) Services of a home health agency;
(g) Chemotherapy, radioisotope, radiation, and nuclear
medicine therapy;
(h) Oxygen;
(i) Anesthesia services;
(j) Prostheses, other than dental;
(k) Durable medical equipment which has no personal
use in the absence of the condition for which prescribed;
(l) Diagnostic x-rays and laboratory tests;
(m) Oral surgery limited to the following: Fractures of
facial bones; excisions of mandibular joints, lesions of the
mouth, lip, or tongue, tumors, or cysts excluding treatment
for temporomandibular joints; incision of accessory sinuses,
mouth salivary glands or ducts; dislocations of the jaw;
plastic reconstruction or repair of traumatic injuries occurring
while covered under the pool; and excision of impacted
wisdom teeth;
(n) Maternity care services;
(o) Services of a physical therapist and services of a
speech therapist;
(p) Hospice services;
(q) Professional ambulance service to the nearest health
care facility qualified to treat the illness or injury; and
(r) Other medical equipment, services, or supplies
required by physician’s orders and medically necessary and
consistent with the diagnosis, treatment, and condition.
(4) The board shall design and employ cost containment
measures and requirements such as, but not limited to, care
coordination, provider network limitations, preadmission
certification, and concurrent inpatient review which may
make the pool more cost-effective.
(5) The pool benefit policy may contain benefit limitations, exceptions, and cost shares such as copayments,
coinsurance, and deductibles that are consistent with managed care products, except that differential cost shares may
be adopted by the board for nonnetwork providers under
point of service plans. The pool benefit policy cost shares
(2002 Ed.)
Health Insurance Coverage Access Act
and limitations must be consistent with those that are
generally included in health plans approved by the insurance
commissioner; however, no limitation, exception, or reduction may be used that would exclude coverage for any
disease, illness, or injury.
(6) The pool may not reject an individual for health plan
coverage based upon preexisting conditions of the individual
or deny, exclude, or otherwise limit coverage for an
individual’s preexisting health conditions; except that it shall
impose a six-month benefit waiting period for preexisting
conditions for which medical advice was given, for which a
health care provider recommended or provided treatment, or
for which a prudent layperson would have sought advice or
treatment, within six months before the effective date of
coverage. The preexisting condition waiting period shall not
apply to prenatal care services. The pool may not avoid the
requirements of this section through the creation of a new
rate classification or the modification of an existing rate
classification. Credit against the waiting period shall be as
provided in subsection (7) of this section.
(7)(a) Except as provided in (b) of this subsection, the
pool shall credit any preexisting condition waiting period in
its plans for a person who was enrolled at any time during
the sixty-three day period immediately preceding the date of
application for the new pool plan. For the person previously
enrolled in a group health benefit plan, the pool must credit
the aggregate of all periods of preceding coverage not
separated by more than sixty-three days toward the waiting
period of the new health plan. For the person previously
enrolled in an individual health benefit plan other than a
catastrophic health plan, the pool must credit the period of
coverage the person was continuously covered under the
immediately preceding health plan toward the waiting period
of the new health plan. For the purposes of this subsection,
a preceding health plan includes an employer-provided selffunded health plan.
(b) The pool shall waive any preexisting condition
waiting period for a person who is an eligible individual as
defined in section 2741(b) of the federal health insurance
portability and accountability act of 1996 (42 U.S.C. 300gg41(b)).
(8) If an application is made for the pool policy as a
result of rejection by a carrier, then the date of application
to the carrier, rather than to the pool, should govern for
purposes of determining preexisting condition credit. [2001
c 196 § 4; 2000 c 80 § 2; 2000 c 79 § 13; 1997 c 231 §
213; 1987 c 431 § 11.]
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
48.41.120 Deductibles—Coinsurance—Carryover.
(1) Subject to the limitation provided in subsection (3) of
this section, a pool policy offered in accordance with RCW
48.41.110(3) shall impose a deductible. Deductibles of five
hundred dollars and one thousand dollars on a per person per
calendar year basis shall initially be offered. The board may
authorize deductibles in other amounts. The deductible shall
be applied to the first five hundred dollars, one thousand
(2002 Ed.)
48.41.110
dollars, or other authorized amount of eligible expenses
incurred by the covered person.
(2) Subject to the limitations provided in subsection (3)
of this section, a mandatory coinsurance requirement shall be
imposed at the rate of twenty percent of eligible expenses in
excess of the mandatory deductible.
(3) The maximum aggregate out of pocket payments for
eligible expenses by the insured in the form of deductibles
and coinsurance under a pool policy offered in accordance
with RCW 48.41.110(3) shall not exceed in a calendar year:
(a) One thousand five hundred dollars per individual, or
three thousand dollars per family, per calendar year for the
five hundred dollar deductible policy;
(b) Two thousand five hundred dollars per individual, or
five thousand dollars per family per calendar year for the
one thousand dollar deductible policy; or
(c) An amount authorized by the board for any other
deductible policy.
(4) Eligible expenses incurred by a covered person in
the last three months of a calendar year, and applied toward
a deductible, shall also be applied toward the deductible
amount in the next calendar year. [2000 c 79 § 14; 1989 c
121 § 8; 1987 c 431 § 12.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.41.130 Policy forms—Approval required. All
policy forms issued by the pool shall conform in substance
to prototype forms developed by the pool, and shall in all
other respects conform to the requirements of this chapter,
and shall be filed with and approved by the commissioner
before they are issued. [2000 c 79 § 15; 1997 c 231 § 215;
1987 c 431 § 13.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
48.41.140 Coverage for children, unmarried
dependents. (1) Coverage shall provide that health insurance benefits are applicable to children of the person in
whose name the policy is issued including adopted and
newly born natural children. Coverage shall also include
necessary care and treatment of medically diagnosed congenital defects and birth abnormalities. If payment of a specific
premium is required to provide coverage for the child, the
policy may require that notification of the birth or adoption
of a child and payment of the required premium must be
furnished to the pool within thirty-one days after the date of
birth or adoption in order to have the coverage continued
beyond the thirty-one day period. For purposes of this
subsection, a child is deemed to be adopted, and benefits are
payable, when the child is physically placed for purposes of
adoption under the laws of this state with the person in
whose name the policy is issued; and, when the person in
whose name the policy is issued assumes financial responsibility for the medical expenses of the child. For purposes of
this subsection, "newly born" means, and benefits are
payable, from the moment of birth.
(2) A pool policy shall provide that coverage of a
dependent, unmarried person shall terminate when the person
becomes nineteen years of age: PROVIDED, That coverage
[Title 48 RCW—page 253]
48.41.140
Title 48 RCW: Insurance
of such person shall not terminate at age nineteen while he
or she is and continues to be both (a) incapable of selfsustaining employment by reason of developmental disability
or physical handicap and (b) chiefly dependent upon the
person in whose name the policy is issued for support and
maintenance, provided proof of such incapacity and dependency is furnished to the pool by the policyholder within
thirty-one days of the dependent’s attainment of age nineteen
and subsequently as may be required by the pool but not
more frequently than annually after the two-year period
following the dependent’s attainment of age nineteen. [2000
c 79 § 16; 1987 c 431 § 14.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.41.150 Medical supplement policy. (1) The board
shall offer a medical supplement policy for persons receiving
medicare parts A and B. The supplement policy shall
provide benefits of one hundred percent of the deductible
and copayment required under medicare and eighty percent
of the charges for covered services under this chapter that
are not paid by medicare. The coverage shall include a
limitation of one thousand dollars per person on total annual
out-of-pocket expenses for the covered services.
(2) If federal law is adopted that addresses this subject,
the board shall offer a policy that is consistent with that
federal law. [1989 c 121 § 9; 1987 c 431 § 15.]
48.41.160 Renewal, termination, dependents’
coverage—Rate changes—Continuation. (1) A pool policy
offered under this chapter shall contain provisions under
which the pool is obligated to renew the policy until the day
on which the individual in whose name the policy is issued
first becomes eligible for medicare coverage. At that time,
coverage of dependents shall terminate if such dependents
are eligible for coverage under a different health plan.
Dependents who become eligible for medicare prior to the
individual in whose name the policy is issued, shall receive
benefits in accordance with RCW 48.41.150.
(2) The pool may not change the rates for pool policies
except on a class basis, with a clear disclosure in the policy
of the pool’s right to do so.
(3) A pool policy offered under this chapter shall
provide that, upon the death of the individual in whose name
the policy is issued, every other individual then covered
under the policy may elect, within a period specified in the
policy, to continue coverage under the same or a different
policy. [1987 c 431 § 16.]
48.41.170 Required rule making. The commissioner
shall adopt rules pursuant to chapter 34.05 RCW that:
(1) Provide for disclosure by the member of the availability of insurance coverage from the pool; and
(2) Implement this chapter. [1987 c 431 § 17.]
48.41.190 Civil and criminal immunity. Neither the
participation by members, the establishment of rates, forms,
or procedures for coverages issued by the pool, nor any
other joint or collective action required by this chapter or the
state of Washington shall be the basis of any legal action,
civil or criminal liability or penalty against the pool, any
[Title 48 RCW—page 254]
member of the board of directors, or members of the pool
either jointly or separately. [1989 c 121 § 10; 1987 c 431
§ 19.]
48.41.200 Rates—Standard risk and maximum. (1)
The pool shall determine the standard risk rate by calculating
the average individual standard rate charged for coverage
comparable to pool coverage by the five largest members,
measured in terms of individual market enrollment, offering
such coverages in the state. In the event five members do
not offer comparable coverage, the standard risk rate shall be
established using reasonable actuarial techniques and shall
reflect anticipated experience and expenses for such coverage
in the individual market.
(2) Subject to subsection (3) of this section, maximum
rates for pool coverage shall be as follows:
(a) Maximum rates for a pool indemnity health plan
shall be one hundred fifty percent of the rate calculated
under subsection (1) of this section;
(b) Maximum rates for a pool care management plan
shall be one hundred twenty-five percent of the rate calculated under subsection (1) of this section; and
(c) Maximum rates for a person eligible for pool
coverage pursuant to RCW 48.41.100(1)(a) who was enrolled
at any time during the sixty-three day period immediately
prior to the date of application for pool coverage in a group
health benefit plan or an individual health benefit plan other
than a catastrophic health plan as defined in RCW 48.43.005,
where such coverage was continuous for at least eighteen
months, shall be:
(i) For a pool indemnity health plan, one hundred
twenty-five percent of the rate calculated under subsection
(1) of this section; and
(ii) For a pool care management plan, one hundred ten
percent of the rate calculated under subsection (1) of this
section.
(3)(a) Subject to (b) and (c) of this subsection:
(i) The rate for any person aged fifty to sixty-four
whose current gross family income is less than two hundred
fifty-one percent of the federal poverty level shall be reduced
by thirty percent from what it would otherwise be;
(ii) The rate for any person aged fifty to sixty-four
whose current gross family income is more than two hundred
fifty but less than three hundred one percent of the federal
poverty level shall be reduced by fifteen percent from what
it would otherwise be;
(iii) The rate for any person who has been enrolled in
the pool for more than thirty-six months shall be reduced by
five percent from what it would otherwise be.
(b) In no event shall the rate for any person be less than
one hundred ten percent of the rate calculated under subsection (1) of this section.
(c) Rate reductions under (a)(i) and (ii) of this subsection shall be available only to the extent that funds are
specifically appropriated for this purpose in the omnibus
appropriations act. [2000 c 79 § 17; 1997 c 231 § 214; 1987
c 431 § 20.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
(2002 Ed.)
Health Insurance Coverage Access Act
48.41.210 Last payor of benefits. It is the express
intent of this chapter that the pool be the last payor of
benefits whenever any other benefit is available.
(1) Benefits otherwise payable under pool coverage shall
be reduced by all amounts paid or payable through any other
health insurance, or health benefit plans, including but not
limited to self-insured plans and by all hospital and medical
expense benefits paid or payable under any worker’s compensation coverage, automobile medical payment or liability
insurance whether provided on the basis of fault or nonfault,
and by any hospital or medical benefits paid or payable
under or provided pursuant to any state or federal law or
program.
(2) The administrator or the pool shall have a cause of
action against an eligible person for the recovery of the
amount of benefits paid which are not for covered expenses.
Benefits due from the pool may be reduced or refused as a
set-off against any amount recoverable under this subsection.
[1987 c 431 § 21.]
48.41.900 Federal supremacy. If any part of this
chapter is found to be in conflict with federal requirements
which are a prescribed condition to the allocation of federal
funds to the state, the conflicting part of this chapter is
hereby declared to be inoperative solely to the extent of the
conflict and with respect to the agencies directly affected,
and such finding or determination shall not affect the
operation of the remainder of this chapter in its application
to the agencies concerned. The rules under this chapter shall
meet federal requirements which are a necessary condition
to the receipt of federal funds by the state. [1987 c 431 §
22.]
48.41.910 Severability—1987 c 431. If any provision
of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the
application of the provision to other persons or circumstances is not affected. [1987 c 431 § 25.]
Chapter 48.42
PERSONAL COVERAGE, GENERAL AUTHORITY
(Formerly: Health care coverage, general authority)
Sections
48.42.010
48.42.020
48.42.030
48.42.040
48.42.050
48.42.090
48.42.100
Personal coverage, authority of commissioner.
Showing regulation by other agency, how done.
Examination by commissioner—When required, scope of.
Application of this title to otherwise unregulated entities.
Notice to purchasers by uninsured production agency—
Notice to production agency by administrator of coverage.
Prenatal testing—Limitation on changes to coverage.
Women’s health care services—Duties of health care carriers.
48.42.010 Personal coverage, authority of commissioner. Notwithstanding any other provision of law, and
except as provided in this chapter, any person or other entity
which provides coverage in this state for life insurance,
annuities, loss of time, medical, surgical, chiropractic,
physical therapy, speech pathology, audiology, professional
mental health, dental, hospital, or optometric expenses,
(2002 Ed.)
48.41.210
whether the coverage is by direct payment, reimbursement,
the providing of services, or otherwise, shall be subject to
the authority of the state insurance commissioner, unless the
person or other entity shows that while providing the
services it is subject to the jurisdiction and regulation of
another agency of this state, any subdivisions thereof, or the
federal government. [1985 c 264 § 15; 1983 c 36 § 1.]
48.42.020 Showing regulation by other agency, how
done. A person or entity may show that it is subject to the
jurisdiction and regulation of another agency of this state,
any subdivision thereof, or the federal government, by
providing to the insurance commissioner the appropriate
certificate, license, or other document issued by the other
governmental agency which permits or qualifies it to provide
the coverage as defined in RCW 48.42.010. [1983 c 36 §
2.]
48.42.030 Examination by commissioner—When
required, scope of. Any person or entity which is unable to
show under RCW 48.42.020 that it is subject to the jurisdiction and regulation of another agency of this state, any
subdivision thereof, or the federal government, shall submit
to an examination by the insurance commissioner to determine the organization and solvency of the person or the
entity, and to determine whether or not such person or entity
complies with the applicable provisions of this title. [1983
c 36 § 3.]
48.42.040 Application of this title to otherwise
unregulated entities. Any person or entity unable to show
that it is subject to the jurisdiction and regulation of another
agency of this state, any subdivision thereof, or the federal
government, shall be subject to all appropriate provisions of
this title regarding the conduct of its business including, but
not limited to, RCW 48.43.300 through 48.43.370. [1998 c
241 § 16; 1983 c 36 § 4.]
Severability—1998 c 241: See RCW 48.43.903.
48.42.050 Notice to purchasers by uninsured
production agency—Notice to production agency by
administrator of coverage. Any production agency or
administrator which advertises, sells, transacts, or administers
the coverage in this state described in RCW 48.42.010 and
which is required to submit to an examination by the
insurance commissioner under RCW 48.42.030, shall, if the
coverage is not fully insured or otherwise fully covered by
an admitted life or disability insurer or health care service
contractor or health maintenance organization agreement,
advise every purchaser, prospective purchaser, and covered
person of the lack of insurance or other coverage.
Any administrator which advertises or administers the
coverage in this state described in RCW 48.42.010 and
which is subject to an examination by the insurance commissioner under RCW 48.42.030 shall advise any production
agency of the elements of the coverage, including the
amount of "stop-loss" insurance in effect. [1983 c 36 § 5.]
[Title 48 RCW—page 255]
48.42.090
Title 48 RCW: Insurance
48.42.090 Prenatal testing—Limitation on changes
to coverage. The carrier or provider of any group disability
contract, health care services contract or health maintenance
agreement shall not cancel, reduce, limit or otherwise alter
or change the coverage provided solely on the basis of the
result of any prenatal test. [1988 c 276 § 9.]
48.42.100 Women’s health care services—Duties of
health care carriers. (1) For purposes of this section,
health care carriers includes disability insurers regulated
under chapter 48.20 or 48.21 RCW, health care services
contractors regulated under chapter 48.44 RCW, health
maintenance organizations regulated under chapter 48.46
RCW, plans operating under the health care authority under
chapter 41.05 RCW, the state health insurance pool operating
under chapter 48.41 RCW, and insuring entities regulated
under chapter 48.43 RCW.
(2) For purposes of this section and consistent with their
lawful scopes of practice, types of health care practitioners
that provide women’s health care services shall include, but
need not be limited by a health care carrier to, the following:
Any generally recognized medical specialty of practitioners
licensed under chapter 18.57 or 18.71 RCW who provides
women’s health care services; practitioners licensed under
chapters 18.57A and 18.71A RCW when providing women’s
health care services; midwives licensed under chapter 18.50
RCW; and advanced registered nurse practitioner specialists
in women’s health and midwifery under chapter 18.79 RCW.
(3) For purposes of this section, women’s health care
services shall include, but need not be limited by a health
care carrier to, the following: Maternity care; reproductive
health services; gynecological care; general examination; and
preventive care as medically appropriate and medically
appropriate follow-up visits for the services listed in this
subsection.
(4) Health care carriers shall ensure that enrolled female
patients have direct access to timely and appropriate covered
women’s health care services from the type of health care
practitioner of their choice in accordance with subsection (5)
of this section.
(5)(a) Health care carrier policies, plans, and programs
written, amended, or renewed after July 23, 1995, shall
provide women patients with direct access to the type of
health care practitioner of their choice for appropriate covered women’s health care services without the necessity of
prior referral from another type of health care practitioner.
(b) Health care carriers may comply with this section by
including all the types of health care practitioners listed in
this section for women’s health care services for women
patients.
(c) Nothing in this section shall prevent health care
carriers from restricting women patients to seeing only health
care practitioners who have signed participating provider
agreements with the health care carrier. [2000 c 7 § 1; 1995
c 389 § 1.]
Chapter 48.43
INSURANCE REFORM
(Formerly: Certified health plans)
Sections
48.43.001
48.43.005
48.43.012
48.43.015
48.43.018
48.43.021
48.43.023
48.43.025
48.43.028
48.43.035
48.43.038
48.43.041
48.43.045
48.43.055
48.43.065
48.43.085
48.43.087
48.43.091
48.43.093
48.43.097
48.43.105
48.43.115
48.43.125
48.43.180
48.43.185
48.43.200
48.43.205
48.43.210
48.43.215
48.43.220
48.43.225
48.43.300
48.43.305
48.43.310
48.43.315
48.43.320
48.43.325
48.43.330
48.43.335
48.43.340
[Title 48 RCW—page 256]
Intent.
Definitions.
Individual health benefit plans—Preexisting conditions.
Health benefit plans—Preexisting conditions.
Requirement to complete the standard health questionnaire—
Exemptions—Results.
Personally identifiable health information—Restrictions on
release.
Pharmacy identification cards—Rules.
Group health benefit plans—Preexisting conditions.
Eligibility to purchase certain health benefit plans—Small
employers and small groups.
Group health benefit plans—Guaranteed issue and continuity
of coverage—Exceptions.
Individual health plans—Guarantee of continuity of coverage—Exceptions.
Individual health benefit plans—Mandatory benefits.
Health plan requirements—Annual reports—Exemptions.
Procedures for review and adjudication of health care provider complaints—Requirements.
Right of individuals to receive services—Right of providers,
carriers, and facilities to refuse to participate in or pay
for services for reason of conscience or religion—
Requirements.
Health carrier may not prohibit its enrollees from contracting
for services outside the health care plan.
Contracting for services at enrollee’s expense—Mental
health care practitioner—Conditions—Exception.
Health carrier coverage of outpatient mental health services—Requirements.
Health carrier coverage of emergency medical services—
Requirements—Conditions.
Filing of financial statements—Every health carrier.
Preparation of documents that compare health carriers—
Immunity—Due diligence.
Maternity services—Intent—Definitions—Patient preference—Clinical sovereignty of provider—Notice to policyholders—Application.
Coverage at a long-term care facility following hospitalization—Definition.
Denturist services.
General anesthesia services for dental procedures.
Disclosure of certain material transactions—Report—
Information is confidential.
Material acquisitions or dispositions.
Asset acquisitions—Asset dispositions.
Report of a material acquisition or disposition of assets—
Information required.
Material nonrenewals, cancellations, or revisions of ceded
reinsurance agreements.
Report of a material nonrenewal, cancellation, or revision of
ceded reinsurance agreements—Information required.
Definitions.
Report of RBC levels—Distribution of report—Formula for
determination—Commissioner may make adjustments.
Company action level event—Required RBC plan—
Commissioner’s review—Notification—Challenge by
carrier.
Regulatory action level event—Required RBC plan—
Commissioner’s review—Notification—Challenge by
carrier.
Authorized control level event—Commissioner’s options.
Mandatory control level event—Commissioner’s duty—
Regulatory control.
Carrier’s right to hearing—Request by carrier—Date set by
commissioner.
Confidentiality of RBC reports and plans—Use of certain
comparisons prohibited—Certain information intended
solely for use by commissioner.
Powers or duties of commissioner not limited—Rules.
(2002 Ed.)
Insurance Reform
48.43.345
48.43.350
48.43.355
48.43.360
48.43.365
48.43.370
48.43.500
48.43.505
48.43.510
48.43.515
48.43.520
48.43.525
48.43.530
48.43.535
48.43.540
48.43.545
48.43.550
48.43.901
48.43.902
48.43.903
Foreign or alien carriers—Required RBC report—
Commissioner may require RBC plan—Mandatory
control level event.
No liability or cause of action against commissioner or department.
Notice by commissioner to carrier—When effective.
Initial RBC reports—Calculation of initial RBC levels—
Subsequent reports.
RBC report for 1998 calendar year.
RBC standards not applicable to certain carriers.
Intent—Purpose—2000 c 5.
Requirement to protect enrollee’s right to privacy or confidential services—Rules.
Carrier required to disclose health plan information—
Marketing and advertising restrictions—Rules.
Access to appropriate health services—Enrollee options—
Rules.
Requirement to maintain a documented utilization review
program description and written utilization review criteria—Rules.
Prohibition against retrospective denial of health plan coverage—Rules.
Requirement for carriers to have a comprehensive grievance
process—Carrier’s duties—Procedures—Appeals—
Rules.
Independent review of health care disputes—System for
using certified independent review organizations—Rules.
Requirement to designate a licensed medical director—
Exemption.
Standard of care—Liability—Causes of action—Defense—
Exception.
Delegation of duties—Carrier accountability.
Captions not law—1996 c 312.
Effective date—1996 c 312.
Severability—1998 c 241.
48.43.001 Intent. It is the intent of the legislature to
ensure that all enrollees in managed care settings have access
to adequate information regarding health care services
covered by health carriers’ health plans, and provided by
health care providers and health care facilities. It is only
through such disclosure that Washington state citizens can be
fully informed as to the extent of health insurance coverage,
availability of health care service options, and necessary
treatment. With such information, citizens are able to make
knowledgeable decisions regarding their health care. [1996
c 312 § 1.]
48.43.005 Definitions. Unless otherwise specifically
provided, the definitions in this section apply throughout this
chapter.
(1) "Adjusted community rate" means the rating method
used to establish the premium for health plans adjusted to
reflect actuarially demonstrated differences in utilization or
cost attributable to geographic region, age, family size, and
use of wellness activities.
(2) "Basic health plan" means the plan described under
chapter 70.47 RCW, as revised from time to time.
(3) "Basic health plan model plan" means a health plan
as required in RCW 70.47.060(2)(d).
(4) "Basic health plan services" means that schedule of
covered health services, including the description of how
those benefits are to be administered, that are required to be
delivered to an enrollee under the basic health plan, as
revised from time to time.
(5) "Catastrophic health plan" means:
(a) In the case of a contract, agreement, or policy
covering a single enrollee, a health benefit plan requiring a
(2002 Ed.)
Chapter 48.43
calendar year deductible of, at a minimum, one thousand five
hundred dollars and an annual out-of-pocket expense
required to be paid under the plan (other than for premiums)
for covered benefits of at least three thousand dollars; and
(b) In the case of a contract, agreement, or policy
covering more than one enrollee, a health benefit plan
requiring a calendar year deductible of, at a minimum, three
thousand dollars and an annual out-of-pocket expense
required to be paid under the plan (other than for premiums)
for covered benefits of at least five thousand five hundred
dollars; or
(c) Any health benefit plan that provides benefits for
hospital inpatient and outpatient services, professional and
prescription drugs provided in conjunction with such hospital
inpatient and outpatient services, and excludes or substantially limits outpatient physician services and those services
usually provided in an office setting.
(6) "Certification" means a determination by a review
organization that an admission, extension of stay, or other
health care service or procedure has been reviewed and,
based on the information provided, meets the clinical
requirements for medical necessity, appropriateness, level of
care, or effectiveness under the auspices of the applicable
health benefit plan.
(7) "Concurrent review" means utilization review
conducted during a patient’s hospital stay or course of
treatment.
(8) "Covered person" or "enrollee" means a person
covered by a health plan including an enrollee, subscriber,
policyholder, beneficiary of a group plan, or individual
covered by any other health plan.
(9) "Dependent" means, at a minimum, the enrollee’s
legal spouse and unmarried dependent children who qualify
for coverage under the enrollee’s health benefit plan.
(10) "Eligible employee" means an employee who works
on a full-time basis with a normal work week of thirty or
more hours. The term includes a self-employed individual,
including a sole proprietor, a partner of a partnership, and
may include an independent contractor, if the self-employed
individual, sole proprietor, partner, or independent contractor
is included as an employee under a health benefit plan of a
small employer, but does not work less than thirty hours per
week and derives at least seventy-five percent of his or her
income from a trade or business through which he or she has
attempted to earn taxable income and for which he or she
has filed the appropriate internal revenue service form.
Persons covered under a health benefit plan pursuant to the
consolidated omnibus budget reconciliation act of 1986 shall
not be considered eligible employees for purposes of
minimum participation requirements of chapter 265, Laws of
1995.
(11) "Emergency medical condition" means the emergent and acute onset of a symptom or symptoms, including
severe pain, that would lead a prudent layperson acting
reasonably to believe that a health condition exists that
requires immediate medical attention, if failure to provide
medical attention would result in serious impairment to
bodily functions or serious dysfunction of a bodily organ or
part, or would place the person’s health in serious jeopardy.
(12) "Emergency services" means otherwise covered
health care services medically necessary to evaluate and treat
[Title 48 RCW—page 257]
48.43.005
Title 48 RCW: Insurance
an emergency medical condition, provided in a hospital
emergency department.
(13) "Enrollee point-of-service cost-sharing" means
amounts paid to health carriers directly providing services,
health care providers, or health care facilities by enrollees
and may include copayments, coinsurance, or deductibles.
(14) "Grievance" means a written complaint submitted
by or on behalf of a covered person regarding: (a) Denial of
payment for medical services or nonprovision of medical
services included in the covered person’s health benefit plan,
or (b) service delivery issues other than denial of payment
for medical services or nonprovision of medical services,
including dissatisfaction with medical care, waiting time for
medical services, provider or staff attitude or demeanor, or
dissatisfaction with service provided by the health carrier.
(15) "Health care facility" or "facility" means hospices
licensed under chapter 70.127 RCW, hospitals licensed under
chapter 70.41 RCW, rural health care facilities as defined in
RCW 70.175.020, psychiatric hospitals licensed under
chapter 71.12 RCW, nursing homes licensed under chapter
18.51 RCW, community mental health centers licensed under
chapter 71.05 or 71.24 RCW, kidney disease treatment
centers licensed under chapter 70.41 RCW, ambulatory
diagnostic, treatment, or surgical facilities licensed under
chapter 70.41 RCW, drug and alcohol treatment facilities
licensed under chapter 70.96A RCW, and home health
agencies licensed under chapter 70.127 RCW, and includes
such facilities if owned and operated by a political subdivision or instrumentality of the state and such other facilities
as required by federal law and implementing regulations.
(16) "Health care provider" or "provider" means:
(a) A person regulated under Title 18 or chapter 70.127
RCW, to practice health or health-related services or
otherwise practicing health care services in this state consistent with state law; or
(b) An employee or agent of a person described in (a)
of this subsection, acting in the course and scope of his or
her employment.
(17) "Health care service" means that service offered or
provided by health care facilities and health care providers
relating to the prevention, cure, or treatment of illness,
injury, or disease.
(18) "Health carrier" or "carrier" means a disability
insurer regulated under chapter 48.20 or 48.21 RCW, a
health care service contractor as defined in RCW 48.44.010,
or a health maintenance organization as defined in RCW
48.46.020.
(19) "Health plan" or "health benefit plan" means any
policy, contract, or agreement offered by a health carrier to
provide, arrange, reimburse, or pay for health care services
except the following:
(a) Long-term care insurance governed by chapter 48.84
RCW;
(b) Medicare supplemental health insurance governed by
chapter 48.66 RCW;
(c) Limited health care services offered by limited
health care service contractors in accordance with RCW
48.44.035;
(d) Disability income;
(e) Coverage incidental to a property/casualty liability
insurance policy such as automobile personal injury protection coverage and homeowner guest medical;
[Title 48 RCW—page 258]
(f) Workers’ compensation coverage;
(g) Accident only coverage;
(h) Specified disease and hospital confinement indemnity when marketed solely as a supplement to a health plan;
(i) Employer-sponsored self-funded health plans;
(j) Dental only and vision only coverage; and
(k) Plans deemed by the insurance commissioner to
have a short-term limited purpose or duration, or to be a
student-only plan that is guaranteed renewable while the
covered person is enrolled as a regular full-time undergraduate or graduate student at an accredited higher education
institution, after a written request for such classification by
the carrier and subsequent written approval by the insurance
commissioner.
(20) "Material modification" means a change in the
actuarial value of the health plan as modified of more than
five percent but less than fifteen percent.
(21) "Preexisting condition" means any medical condition, illness, or injury that existed any time prior to the
effective date of coverage.
(22) "Premium" means all sums charged, received, or
deposited by a health carrier as consideration for a health
plan or the continuance of a health plan. Any assessment or
any "membership," "policy," "contract," "service," or similar
fee or charge made by a health carrier in consideration for
a health plan is deemed part of the premium. "Premium"
shall not include amounts paid as enrollee point-of-service
cost-sharing.
(23) "Review organization" means a disability insurer
regulated under chapter 48.20 or 48.21 RCW, health care
service contractor as defined in RCW 48.44.010, or health
maintenance organization as defined in RCW 48.46.020, and
entities affiliated with, under contract with, or acting on
behalf of a health carrier to perform a utilization review.
(24) "Small employer" or "small group" means any
person, firm, corporation, partnership, association, political
subdivision, or self-employed individual that is actively
engaged in business that, on at least fifty percent of its
working days during the preceding calendar quarter, employed no more than fifty eligible employees, with a normal
work week of thirty or more hours, the majority of whom
were employed within this state, and is not formed primarily
for purposes of buying health insurance and in which a bona
fide employer-employee relationship exists. In determining
the number of eligible employees, companies that are affiliated companies, or that are eligible to file a combined tax
return for purposes of taxation by this state, shall be considered an employer. Subsequent to the issuance of a health
plan to a small employer and for the purpose of determining
eligibility, the size of a small employer shall be determined
annually. Except as otherwise specifically provided, a small
employer shall continue to be considered a small employer
until the plan anniversary following the date the small
employer no longer meets the requirements of this definition.
The term "small employer" includes a self-employed
individual or sole proprietor. The term "small employer"
also includes a self-employed individual or sole proprietor
who derives at least seventy-five percent of his or her
income from a trade or business through which the individual or sole proprietor has attempted to earn taxable income
and for which he or she has filed the appropriate internal
(2002 Ed.)
Insurance Reform
revenue service form 1040, schedule C or F, for the previous
taxable year.
(25) "Utilization review" means the prospective,
concurrent, or retrospective assessment of the necessity and
appropriateness of the allocation of health care resources and
services of a provider or facility, given or proposed to be
given to an enrollee or group of enrollees.
(26) "Wellness activity" means an explicit program of
an activity consistent with department of health guidelines,
such as, smoking cessation, injury and accident prevention,
reduction of alcohol misuse, appropriate weight reduction,
exercise, automobile and motorcycle safety, blood cholesterol
reduction, and nutrition education for the purpose of improving enrollee health status and reducing health service costs.
[2001 c 196 § 5; 2001 c 147 § 1; 2000 c 79 § 18. Prior:
1997 c 231 § 202; 1997 c 55 § 1; 1995 c 265 § 4.]
Reviser’s note: This section was amended by 2001 c 147 § 1 and by
2001 c 196 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—1997 c 231: "This act shall be known as the consumer
assistance and insurance market stabilization act." [1997 c 231 § 402.]
Part headings and captions not law—1997 c 231: "Part headings
and section captions used in this act are not part of the law." [1997 c 231
§ 403.]
Severability—1997 c 231: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 231 § 404.]
Effective dates—1997 c 231: "(1) Sections 104 through 108 and 301
of this act take effect January 1, 1998.
(2) Section 111 of this act is necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and takes effect July 1, 1997.
(3) Section 205 of this act is necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and takes effect immediately." [1997 c 231
§ 405.]
Effective date—1997 c 55: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 16, 1997]." [1997 c 55 § 2.]
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
48.43.012 Individual health benefit plans—
Preexisting conditions. (1) No carrier may reject an
individual for an individual health benefit plan based upon
preexisting conditions of the individual except as provided
in RCW 48.43.018.
(2) No carrier may deny, exclude, or otherwise limit
coverage for an individual’s preexisting health conditions
except as provided in this section.
(3) For an individual health benefit plan originally
issued on or after March 23, 2000, preexisting condition
waiting periods imposed upon a person enrolling in an
individual health benefit plan shall be no more than nine
months for a preexisting condition for which medical advice
was given, for which a health care provider recommended or
provided treatment, or for which a prudent layperson would
have sought advice or treatment, within six months prior to
the effective date of the plan. No carrier may impose a
(2002 Ed.)
48.43.005
preexisting condition waiting period on an individual health
benefit plan issued to an eligible individual as defined in
section 2741(b) of the federal health insurance portability
and accountability act of 1996 (42 U.S.C. 300gg-41(b)).
(4) Individual health benefit plan preexisting condition
waiting periods shall not apply to prenatal care services.
(5) No carrier may avoid the requirements of this
section through the creation of a new rate classification or
the modification of an existing rate classification. A new or
changed rate classification will be deemed an attempt to
avoid the provisions of this section if the new or changed
classification would substantially discourage applications for
coverage from individuals who are higher than average
health risks. These provisions apply only to individuals who
are Washington residents. [2001 c 196 § 6; 2000 c 79 § 19.]
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.43.015 Health benefit plans—Preexisting conditions. (1) For a health benefit plan offered to a group, every
health carrier shall reduce any preexisting condition exclusion, limitation, or waiting period in the group health plan in
accordance with the provisions of section 2701 of the federal
health insurance portability and accountability act of 1996
(42 U.S.C. Sec. 300gg).
(2) For a health benefit plan offered to a group other
than a small group:
(a) If the individual applicant’s immediately preceding
health plan coverage terminated during the period beginning
ninety days and ending sixty-four days before the date of
application for the new plan and such coverage was similar
and continuous for at least three months, then the carrier
shall not impose a waiting period for coverage of preexisting
conditions under the new health plan.
(b) If the individual applicant’s immediately preceding
health plan coverage terminated during the period beginning
ninety days and ending sixty-four days before the date of
application for the new plan and such coverage was similar
and continuous for less than three months, then the carrier
shall credit the time covered under the immediately preceding health plan toward any preexisting condition waiting
period under the new health plan.
(c) For the purposes of this subsection, a preceding
health plan includes an employer-provided self-funded health
plan and plans of the Washington state health insurance pool.
(3) For a health benefit plan offered to a small group:
(a) If the individual applicant’s immediately preceding
health plan coverage terminated during the period beginning
ninety days and ending sixty-four days before the date of
application for the new plan and such coverage was similar
and continuous for at least nine months, then the carrier shall
not impose a waiting period for coverage of preexisting
conditions under the new health plan.
(b) If the individual applicant’s immediately preceding
health plan coverage terminated during the period beginning
ninety days and ending sixty-four days before the date of
application for the new plan and such coverage was similar
and continuous for less than nine months, then the carrier
shall credit the time covered under the immediately preced-
[Title 48 RCW—page 259]
48.43.015
Title 48 RCW: Insurance
ing health plan toward any preexisting condition waiting
period under the new health plan.
(c) For the purpose of this subsection, a preceding
health plan includes an employer-provided self-funded health
plan and plans of the Washington state health insurance pool.
(4) For a health benefit plan offered to an individual,
other than an individual to whom subsection (5) of this
section applies, every health carrier shall credit any preexisting condition waiting period in that plan for a person who
was enrolled at any time during the sixty-three day period
immediately preceding the date of application for the new
health plan in a group health benefit plan or an individual
health benefit plan, other than a catastrophic health plan, and
(a) the benefits under the previous plan provide equivalent
or greater overall benefit coverage than that provided in the
health benefit plan the individual seeks to purchase; or (b)
the person is seeking an individual health benefit plan due to
his or her change of residence from one geographic area in
Washington state to another geographic area in Washington
state where his or her current health plan is not offered, if
application for coverage is made within ninety days of
relocation; or (c) the person is seeking an individual health
benefit plan: (i) Because a health care provider with whom
he or she has an established care relationship and from
whom he or she has received treatment within the past
twelve months is no longer part of the carrier’s provider
network under his or her existing Washington individual
health benefit plan; and (ii) his or her health care provider is
part of another carrier’s provider network; and (iii) application for a health benefit plan under that carrier’s provider
network individual coverage is made within ninety days of
his or her provider leaving the previous carrier’s provider
network. The carrier must credit the period of coverage the
person was continuously covered under the immediately
preceding health plan toward the waiting period of the new
health plan. For the purposes of this subsection (4), a
preceding health plan includes an employer-provided selffunded health plan and plans of the Washington state health
insurance pool.
(5) Every health carrier shall waive any preexisting
condition waiting period in its individual plans for a person
who is an eligible individual as defined in section 2741(b) of
the federal health insurance portability and accountability act
of 1996 (42 U.S.C. Sec. 300gg-41(b)).
(6) Subject to the provisions of subsections (1) through
(5) of this section, nothing contained in this section requires
a health carrier to amend a health plan to provide new
benefits in its existing health plans. In addition, nothing in
this section requires a carrier to waive benefit limitations not
related to an individual or group’s preexisting conditions or
health history. [2001 c 196 § 7; 2000 c 80 § 3; 2000 c 79
§ 20; 1995 c 265 § 5.]
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
48.43.018 Requirement to complete the standard
health questionnaire—Exemptions—Results. (1) Except
as provided in (a) through (c) of this subsection, a health
carrier may require any person applying for an individual
[Title 48 RCW—page 260]
health benefit plan to complete the standard health questionnaire designated under chapter 48.41 RCW.
(a) If a person is seeking an individual health benefit
plan due to his or her change of residence from one geographic area in Washington state to another geographic area
in Washington state where his or her current health plan is
not offered, completion of the standard health questionnaire
shall not be a condition of coverage if application for
coverage is made within ninety days of relocation.
(b) If a person is seeking an individual health benefit
plan:
(i) Because a health care provider with whom he or she
has an established care relationship and from whom he or
she has received treatment within the past twelve months is
no longer part of the carrier’s provider network under his or
her existing Washington individual health benefit plan; and
(ii) His or her health care provider is part of another
carrier’s provider network; and
(iii) Application for a health benefit plan under that
carrier’s provider network individual coverage is made
within ninety days of his or her provider leaving the previous carrier’s provider network; then completion of the standard health questionnaire shall not be a condition of coverage.
(c) If a person is seeking an individual health benefit
plan due to his or her having exhausted continuation coverage provided under 29 U.S.C. Sec. 1161 et seq., completion
of the standard health questionnaire shall not be a condition
of coverage if application for coverage is made within ninety
days of exhaustion of continuation coverage. A health
carrier shall accept an application without a standard health
questionnaire from a person currently covered by such
continuation coverage if application is made within ninety
days prior to the date the continuation coverage would be
exhausted and the effective date of the individual coverage
applied for is the date the continuation coverage would be
exhausted, or within ninety days thereafter.
(2) If, based upon the results of the standard health
questionnaire, the person qualifies for coverage under the
Washington state health insurance pool, the following shall
apply:
(a) The carrier may decide not to accept the person’s
application for enrollment in its individual health benefit
plan; and
(b) Within fifteen business days of receipt of a completed application, the carrier shall provide written notice of the
decision not to accept the person’s application for enrollment
to both the person and the administrator of the Washington
state health insurance pool. The notice to the person shall
state that the person is eligible for health insurance provided
by the Washington state health insurance pool, and shall
include information about the Washington state health
insurance pool and an application for such coverage. If the
carrier does not provide or postmark such notice within
fifteen business days, the application is deemed approved.
(3) If the person applying for an individual health
benefit plan: (a) Does not qualify for coverage under the
Washington state health insurance pool based upon the results of the standard health questionnaire; (b) does qualify
for coverage under the Washington state health insurance
pool based upon the results of the standard health questionnaire and the carrier elects to accept the person for enroll(2002 Ed.)
Insurance Reform
ment; or (c) is not required to complete the standard health
questionnaire designated under this chapter under subsection
(1)(a) or (b) of this section, the carrier shall accept the
person for enrollment if he or she resides within the carrier’s
service area and provide or assure the provision of all
covered services regardless of age, sex, family structure,
ethnicity, race, health condition, geographic location,
employment status, socioeconomic status, other condition or
situation, or the provisions of RCW 49.60.174(2). The
commissioner may grant a temporary exemption from this
subsection if, upon application by a health carrier, the
commissioner finds that the clinical, financial, or administrative capacity to serve existing enrollees will be impaired if
a health carrier is required to continue enrollment of additional eligible individuals. [2001 c 196 § 8; 2000 c 80 § 4;
2000 c 79 § 21.]
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.43.021 Personally identifiable health information—Restrictions on release. Except as otherwise required
by statute or rule, a carrier and the Washington state health
insurance pool, and persons acting at the direction of or on
behalf of a carrier or the pool, who are in receipt of an
enrollee’s or applicant’s personally identifiable health
information included in the standard health questionnaire
shall not disclose the identifiable health information unless
such disclosure is explicitly authorized in writing by the
person who is the subject of the information. [2000 c 79 §
22.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.43.023 Pharmacy identification cards—Rules.
(1) A health carrier that provides coverage for prescription
drugs provided on an outpatient basis and issues a card or
other technology for claims processing, or an administrator
of a health benefit plan including, but not limited to, thirdparty administrators for self-insured plans, pharmacy benefits
managers, and state administered plans, shall issue to its
enrollees a pharmacy identification card or other technology
containing all information required for proper prescription
drug claims adjudication.
(2) Upon renewal of the health benefit plan, information
on the pharmacy identification card or other technology shall
be made current by the health carrier or other entity that
issues the card.
(3) Nothing in this section shall be construed to require
any health carrier or administrator of a health benefit plan to
issue a pharmacy identification card or other technology
separate from another identification card issued to an
enrollee under the health benefit plan if the identification
card contains all of the information required under subsection (1) of this section.
(4) This section applies to health benefit plans that are
delivered, issued for delivery, or renewed on or after July 1,
2003. For the purposes of this section, renewal of a health
benefit policy, contract, or plan occurs on each anniversary
of the date on which coverage was first effective on the
person or persons covered by the health benefit plan.
(2002 Ed.)
48.43.018
(5) The insurance commissioner may adopt rules to
implement chapter 106, Laws of 2001, taking into consideration any relevant standards developed by the national
council for prescription drug programs and the requirements
of the federal health insurance portability and accountability
act of 1996. [2001 c 106 § 2.]
Intent—2001 c 106: "It is the intent of the legislature to improve
care to patients by minimizing confusion, eliminating unnecessary
paperwork, decreasing administrative burdens, and streamlining dispensing
of prescription products paid for by third-party payors." [2001 c 106 § 1.]
48.43.025 Group health benefit plans—Preexisting
conditions. (1) For group health benefit plans for groups
other than small groups, no carrier may reject an individual
for health plan coverage based upon preexisting conditions
of the individual and no carrier may deny, exclude, or
otherwise limit coverage for an individual’s preexisting
health conditions; except that a carrier may impose a threemonth benefit waiting period for preexisting conditions for
which medical advice was given, or for which a health care
provider recommended or provided treatment within three
months before the effective date of coverage. Any preexisting condition waiting period or limitation relating to pregnancy as a preexisting condition shall be imposed only to the
extent allowed in the federal health insurance portability and
accountability act of 1996.
(2) For group health benefit plans for small groups, no
carrier may reject an individual for health plan coverage
based upon preexisting conditions of the individual and no
carrier may deny, exclude, or otherwise limit coverage for an
individual’s preexisting health conditions. Except that a
carrier may impose a nine-month benefit waiting period for
preexisting conditions for which medical advice was given,
or for which a health care provider recommended or provided treatment within six months before the effective date
of coverage. Any preexisting condition waiting period or
limitation relating to pregnancy as a preexisting condition
shall be imposed only to the extent allowed in the federal
health insurance portability and accountability act of 1996.
(3) No carrier may avoid the requirements of this
section through the creation of a new rate classification or
the modification of an existing rate classification. A new or
changed rate classification will be deemed an attempt to
avoid the provisions of this section if the new or changed
classification would substantially discourage applications for
coverage from individuals or groups who are higher than
average health risks. These provisions apply only to
individuals who are Washington residents. [2001 c 196 § 9;
2000 c 79 § 23; 1995 c 265 § 6.]
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
48.43.028 Eligibility to purchase certain health
benefit plans—Small employers and small groups. To the
extent required of the federal health insurance portability and
accountability act of 1996, the eligibility of an employer or
group to purchase a health benefit plan set forth in RCW
48.21.045(1)(b), 48.44.023(1)(b), and 48.46.066(1)(b) must
[Title 48 RCW—page 261]
48.43.028
Title 48 RCW: Insurance
be extended to all small employers and small groups as
defined in RCW 48.43.005. [2001 c 196 § 10.]
Effective date—2001 c 196: See note following RCW 48.20.025.
48.43.035 Group health benefit plans—Guaranteed
issue and continuity of coverage—Exceptions. For group
health benefit plans, the following shall apply:
(1) All health carriers shall accept for enrollment any
state resident within the group to whom the plan is offered
and within the carrier’s service area and provide or assure
the provision of all covered services regardless of age, sex,
family structure, ethnicity, race, health condition, geographic
location, employment status, socioeconomic status, other
condition or situation, or the provisions of RCW
49.60.174(2). The insurance commissioner may grant a
temporary exemption from this subsection, if, upon application by a health carrier the commissioner finds that the
clinical, financial, or administrative capacity to serve existing
enrollees will be impaired if a health carrier is required to
continue enrollment of additional eligible individuals.
(2) Except as provided in subsection (5) of this section,
all health plans shall contain or incorporate by endorsement
a guarantee of the continuity of coverage of the plan. For
the purposes of this section, a plan is "renewed" when it is
continued beyond the earliest date upon which, at the
carrier’s sole option, the plan could have been terminated for
other than nonpayment of premium. The carrier may
consider the group’s anniversary date as the renewal date for
purposes of complying with the provisions of this section.
(3) The guarantee of continuity of coverage required in
health plans shall not prevent a carrier from canceling or
nonrenewing a health plan for:
(a) Nonpayment of premium;
(b) Violation of published policies of the carrier
approved by the insurance commissioner;
(c) Covered persons entitled to become eligible for
medicare benefits by reason of age who fail to apply for a
medicare supplement plan or medicare cost, risk, or other
plan offered by the carrier pursuant to federal laws and regulations;
(d) Covered persons who fail to pay any deductible or
copayment amount owed to the carrier and not the provider
of health care services;
(e) Covered persons committing fraudulent acts as to the
carrier;
(f) Covered persons who materially breach the health
plan; or
(g) Change or implementation of federal or state laws
that no longer permit the continued offering of such coverage.
(4) The provisions of this section do not apply in the
following cases:
(a) A carrier has zero enrollment on a product; or
(b) A carrier replaces a product and the replacement
product is provided to all covered persons within that class
or line of business, includes all of the services covered under
the replaced product, and does not significantly limit access
to the kind of services covered under the replaced product.
The health plan may also allow unrestricted conversion to a
fully comparable product; or
[Title 48 RCW—page 262]
(c) A carrier is withdrawing from a service area or from
a segment of its service area because the carrier has demonstrated to the insurance commissioner that the carrier’s
clinical, financial, or administrative capacity to serve
enrollees would be exceeded.
(5) The provisions of this section do not apply to health
plans deemed by the insurance commissioner to be unique or
limited or have a short-term purpose, after a written request
for such classification by the carrier and subsequent written
approval by the insurance commissioner. [2000 c 79 § 24;
1995 c 265 § 7.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
48.43.038 Individual health plans—Guarantee of
continuity of coverage—Exceptions. (1) Except as
provided in subsection (4) of this section, all individual
health plans shall contain or incorporate by endorsement a
guarantee of the continuity of coverage of the plan. For the
purposes of this section, a plan is "renewed" when it is
continued beyond the earliest date upon which, at the
carrier’s sole option, the plan could have been terminated for
other than nonpayment of premium.
(2) The guarantee of continuity of coverage required in
individual health plans shall not prevent a carrier from
canceling or nonrenewing a health plan for:
(a) Nonpayment of premium;
(b) Violation of published policies of the carrier
approved by the commissioner;
(c) Covered persons entitled to become eligible for
medicare benefits by reason of age who fail to apply for a
medicare supplement plan or medicare cost, risk, or other
plan offered by the carrier pursuant to federal laws and regulations;
(d) Covered persons who fail to pay any deductible or
copayment amount owed to the carrier and not the provider
of health care services;
(e) Covered persons committing fraudulent acts as to the
carrier;
(f) Covered persons who materially breach the health
plan; or
(g) Change or implementation of federal or state laws
that no longer permit the continued offering of such coverage.
(3) This section does not apply in the following cases:
(a) A carrier has zero enrollment on a product;
(b) A carrier is withdrawing from a service area or from
a segment of its service area because the carrier has demonstrated to the commissioner that the carrier’s clinical,
financial, or administrative capacity to serve enrollees would
be exceeded;
(c) No sooner than the first day of the month following
the expiration of a one hundred eighty-day period beginning
on March 23, 2000, a carrier discontinues offering a particular type of health benefit plan offered in the individual
market if: (i) The carrier provides notice to each covered
individual provided coverage of this type of such discontinuation at least ninety days prior to the date of the discontinuation; (ii) the carrier offers to each individual provided
coverage of this type the option, without being subject to the
(2002 Ed.)
Insurance Reform
standard health questionnaire, to enroll in any other individual health benefit plan currently being offered by the
carrier; and (iii) in exercising the option to discontinue
coverage of this type and in offering the option of coverage
under (c)(ii) of this subsection, the carrier acts uniformly
without regard to any health status-related factor of enrolled
individuals or individuals who may become eligible for such
coverage; or
(d) A carrier discontinues offering all individual health
coverage in the state and discontinues coverage under all
existing individual health benefit plans if: (i) The carrier
provides notice to the commissioner of its intent to discontinue offering all individual health coverage in the state and
its intent to discontinue coverage under all existing health
benefit plans at least one hundred eighty days prior to the
date of the discontinuation of coverage under all existing
health benefit plans; and (ii) the carrier provides notice to
each covered individual of the intent to discontinue his or
her existing health benefit plan at least one hundred eighty
days prior to the date of such discontinuation. In the case of
discontinuation under this subsection, the carrier may not
issue any individual health coverage in this state for a fiveyear period beginning on the date of the discontinuation of
the last health plan not so renewed. Nothing in this subsection (3) shall be construed to require a carrier to provide
notice to the commissioner of its intent to discontinue
offering a health benefit plan to new applicants where the
carrier does not discontinue coverage of existing enrollees
under that health benefit plan.
(4) The provisions of this section do not apply to health
plans deemed by the commissioner to be unique or limited
or have a short-term purpose, after a written request for such
classification by the carrier and subsequent written approval
by the commissioner. [2000 c 79 § 25.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.43.041 Individual health benefit plans—
Mandatory benefits. (1) All individual health benefit plans,
other than catastrophic health plans, offered or renewed on
or after October 1, 2000, shall include benefits described in
this section. Nothing in this section shall be construed to
require a carrier to offer an individual health benefit plan.
(a) Maternity services that include, with no enrollee
cost-sharing requirements beyond those generally applicable
cost-sharing requirements: Diagnosis of pregnancy; prenatal
care; delivery; care for complications of pregnancy; physician services; hospital services; operating or other special
procedure rooms; radiology and laboratory services; appropriate medications; anesthesia; and services required under
RCW 48.43.115; and
(b) Prescription drug benefits with at least a two
thousand dollar benefit payable by the carrier annually.
(2) If a carrier offers a health benefit plan that is not a
catastrophic health plan to groups, and it chooses to offer a
health benefit plan to individuals, it must offer at least one
health benefit plan to individuals that is not a catastrophic
health plan. [2000 c 79 § 26.]
Effective dates—2000 c 79 §§ 26, 38, and 39: "(1) Section 38 of
this act takes effect July 1, 2000.
(2) Section 39 of this act takes effect September 1, 2000.
(2002 Ed.)
48.43.038
(3) *Section 26 of this act takes effect on the first day of the month
following the expiration of a one hundred eighty-day period beginning on
the effective date of section 25 of this act." [2000 c 79 § 50.]
*Reviser’s note: Section 26 of this act takes effect October 1, 2000.
Severability—2000 c 79: See note following RCW 48.04.010.
48.43.045 Health plan requirements—Annual
reports—Exemptions. Every health plan delivered, issued
for delivery, or renewed by a health carrier on and after
January 1, 1996, shall:
(1) Permit every category of health care provider to
provide health services or care for conditions included in the
basic health plan services to the extent that:
(a) The provision of such health services or care is
within the health care providers’ permitted scope of practice;
and
(b) The providers agree to abide by standards related to:
(i) Provision, utilization review, and cost containment of
health services;
(ii) Management and administrative procedures; and
(iii) Provision of cost-effective and clinically efficacious
health services.
(2) Annually report the names and addresses of all
officers, directors, or trustees of the health carrier during the
preceding year, and the amount of wages, expense reimbursements, or other payments to such individuals. This
requirement does not apply to a foreign or alien insurer
regulated under chapter 48.20 or 48.21 RCW that files a
supplemental compensation exhibit in its annual statement as
required by law. [1997 c 231 § 205; 1995 c 265 § 8.]
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
48.43.055 Procedures for review and adjudication
of health care provider complaints—Requirements. Each
health carrier as defined under RCW 48.43.005 shall file
with the commissioner its procedures for review and adjudication of complaints initiated by health care providers.
Procedures filed under this section shall provide a fair
review for consideration of complaints. Every health carrier
shall provide reasonable means allowing any health care
provider aggrieved by actions of the health carrier to be
heard after submitting a written request for review. If the
health carrier fails to grant or reject a request within thirty
days after it is made, the complaining health care provider
may proceed as if the complaint had been rejected. A
complaint that has been rejected by the health carrier may be
submitted to nonbinding mediation. Mediation shall be
conducted under mediation rules similar to those of the
American arbitration association, the center for public
resources, the judicial arbitration and mediation service,
RCW 7.70.100, or any other rules of mediation agreed to by
the parties. This section is solely for resolution of provider
complaints. Complaints by, or on behalf of, a covered
person are subject to the grievance processes in RCW
48.43.530. [2002 c 300 § 6; 1995 c 265 § 20.]
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
[Title 48 RCW—page 263]
48.43.065
Title 48 RCW: Insurance
48.43.065 Right of individuals to receive services—
Right of providers, carriers, and facilities to refuse to
participate in or pay for services for reason of conscience
or religion—Requirements. (1) The legislature recognizes
that every individual possesses a fundamental right to
exercise their religious beliefs and conscience. The legislature further recognizes that in developing public policy,
conflicting religious and moral beliefs must be respected.
Therefore, while recognizing the right of conscientious
objection to participating in specific health services, the state
shall also recognize the right of individuals enrolled with
plans containing the basic health plan services to receive the
full range of services covered under the plan.
(2)(a) No individual health care provider, religiously
sponsored health carrier, or health care facility may be
required by law or contract in any circumstances to participate in the provision of or payment for a specific service if
they object to so doing for reason of conscience or religion.
No person may be discriminated against in employment or
professional privileges because of such objection.
(b) The provisions of this section are not intended to
result in an enrollee being denied timely access to any
service included in the basic health plan services. Each
health carrier shall:
(i) Provide written notice to enrollees, upon enrollment
with the plan, listing services that the carrier refuses to cover
for reason of conscience or religion;
(ii) Provide written information describing how an
enrollee may directly access services in an expeditious
manner; and
(iii) Ensure that enrollees refused services under this
section have prompt access to the information developed
pursuant to (b)(ii) of this subsection.
(c) The insurance commissioner shall establish by rule
a mechanism or mechanisms to recognize the right to
exercise conscience while ensuring enrollees timely access
to services and to assure prompt payment to service providers.
(3)(a) No individual or organization with a religious or
moral tenet opposed to a specific service may be required to
purchase coverage for that service or services if they object
to doing so for reason of conscience or religion.
(b) The provisions of this section shall not result in an
enrollee being denied coverage of, and timely access to, any
service or services excluded from their benefits package as
a result of their employer’s or another individual’s exercise
of the conscience clause in (a) of this subsection.
(c) The insurance commissioner shall define by rule the
process through which health carriers may offer the basic
health plan services to individuals and organizations identified in (a) and (b) of this subsection in accordance with the
provisions of subsection (2)(c) of this section.
(4) Nothing in this section requires a health carrier,
health care facility, or health care provider to provide any
health care services without appropriate payment of premium
or fee. [1995 c 265 § 25.]
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
48.43.085 Health carrier may not prohibit its
enrollees from contracting for services outside the health
care plan. Notwithstanding any other provision of law, no
[Title 48 RCW—page 264]
health carrier subject to the jurisdiction of the state of
Washington may prohibit directly or indirectly its enrollees
from freely contracting at any time to obtain any health care
services outside the health care plan on any terms or
conditions the enrollees choose. Nothing in this section shall
be construed to bind a carrier for any services delivered outside the health plan. The provisions of this section shall be
disclosed pursuant to *RCW 48.43.095(2). The insurance
commissioner is prohibited from adopting rules regarding
this section. [1996 c 312 § 3.]
*Reviser’s note: RCW 48.43.095 was repealed by 2000 c 5 § 29,
effective July 1, 2001.
48.43.087 Contracting for services at enrollee’s
expense—Mental health care practitioner—Conditions—
Exception. (1) For purposes of this section:
(a) "Health carrier" includes disability insurers regulated
under chapter 48.20 or 48.21 RCW, health care services
contractors regulated under chapter 48.44 RCW, plans
operating under the health care authority under chapter 41.05
RCW, the basic health plan operating under chapter 70.47
RCW, the state health insurance pool operating under chapter
48.41 RCW, insuring entities regulated under this chapter,
and health maintenance organizations regulated under chapter
48.46 RCW.
(b) "Intermediary" means a person duly authorized to
negotiate and execute provider contracts with health carriers
on behalf of mental health care practitioners.
(c) Consistent with their lawful scopes of practice,
"mental health care practitioners" includes only the following: Any generally recognized medical specialty of practitioners licensed under chapter 18.57 or 18.71 RCW who
provide mental health services, advanced practice psychiatric
nurses as authorized by the nursing care quality assurance
commission under chapter 18.79 RCW, psychologists
licensed under chapter 18.83 RCW, and mental health
counselors, marriage and family therapists, and social
workers licensed under chapter 18.225 RCW.
(d) "Mental health services" means outpatient services.
(2) Consistent with federal and state law and rule, no
contract between a mental health care practitioner and an
intermediary or between a mental health care practitioner and
a health carrier that is written, amended, or renewed after
June 6, 1996, may contain a provision prohibiting a practitioner and an enrollee from agreeing to contract for services
solely at the expense of the enrollee as follows:
(a) On the exhaustion of the enrollee’s mental health
care coverage;
(b) During an appeal or an adverse certification process;
(c) When an enrollee’s condition is excluded from
coverage; or
(d) For any other clinically appropriate reason at any
time.
(3) If a mental health care practitioner provides services
to an enrollee during an appeal or adverse certification
process, the practitioner must provide to the enrollee written
notification that the enrollee is responsible for payment of
these services, unless the health carrier elects to pay for
services provided.
(4) This section does not apply to a mental health care
practitioner who is employed full time on the staff of a
health carrier. [2001 c 251 § 33; 1996 c 304 § 1.]
(2002 Ed.)
Insurance Reform
Severability—2001 c 251: See RCW 18.225.900.
48.43.091 Health carrier coverage of outpatient
mental health services—Requirements. Every health
carrier that provides coverage for any outpatient mental
health service shall comply with the following requirements:
(1) In performing a utilization review of mental health
services for a specific enrollee, the utilization review is
limited to accessing only the specific health care information
contained in the enrollee’s record.
(2) In performing an audit of a provider that has
furnished mental health services to a carrier’s enrollees, the
audit is limited to accessing only the records of enrollees
covered by the specific health carrier for which the audit is
being performed, except as otherwise permitted by RCW
70.02.050 and 71.05.630. [1999 c 87 § 1.]
48.43.093 Health carrier coverage of emergency
medical services—Requirements—Conditions. (1) When
conducting a review of the necessity and appropriateness of
emergency services or making a benefit determination for
emergency services:
(a) A health carrier shall cover emergency services
necessary to screen and stabilize a covered person if a
prudent layperson acting reasonably would have believed
that an emergency medical condition existed. In addition, a
health carrier shall not require prior authorization of such
services provided prior to the point of stabilization if a
prudent layperson acting reasonably would have believed
that an emergency medical condition existed. With respect
to care obtained from a nonparticipating hospital emergency
department, a health carrier shall cover emergency services
necessary to screen and stabilize a covered person if a
prudent layperson would have reasonably believed that use
of a participating hospital emergency department would
result in a delay that would worsen the emergency, or if a
provision of federal, state, or local law requires the use of a
specific provider or facility. In addition, a health carrier
shall not require prior authorization of such services provided prior to the point of stabilization if a prudent layperson
acting reasonably would have believed that an emergency
medical condition existed and that use of a participating
hospital emergency department would result in a delay that
would worsen the emergency.
(b) If an authorized representative of a health carrier
authorizes coverage of emergency services, the health carrier
shall not subsequently retract its authorization after the
emergency services have been provided, or reduce payment
for an item or service furnished in reliance on approval,
unless the approval was based on a material misrepresentation about the covered person’s health condition made by the
provider of emergency services.
(c) Coverage of emergency services may be subject to
applicable copayments, coinsurance, and deductibles, and a
health carrier may impose reasonable differential cost-sharing
arrangements for emergency services rendered by nonparticipating providers, if such differential between cost-sharing
amounts applied to emergency services rendered by participating provider versus nonparticipating provider does not
exceed fifty dollars. Differential cost sharing for emergency
services may not be applied when a covered person presents
(2002 Ed.)
48.43.087
to a nonparticipating hospital emergency department rather
than a participating hospital emergency department when the
health carrier requires preauthorization for postevaluation or
poststabilization emergency services if:
(i) Due to circumstances beyond the covered person’s
control, the covered person was unable to go to a participating hospital emergency department in a timely fashion
without serious impairment to the covered person’s health;
or
(ii) A prudent layperson possessing an average knowledge of health and medicine would have reasonably believed
that he or she would be unable to go to a participating
hospital emergency department in a timely fashion without
serious impairment to the covered person’s health.
(d) If a health carrier requires preauthorization for
postevaluation or poststabilization services, the health carrier
shall provide access to an authorized representative twentyfour hours a day, seven days a week, to facilitate review. In
order for postevaluation or poststabilization services to be
covered by the health carrier, the provider or facility must
make a documented good faith effort to contact the covered
person’s health carrier within thirty minutes of stabilization,
if the covered person needs to be stabilized. The health
carrier’s authorized representative is required to respond to
a telephone request for preauthorization from a provider or
facility within thirty minutes. Failure of the health carrier to
respond within thirty minutes constitutes authorization for
the provision of immediately required medically necessary
postevaluation and poststabilization services, unless the
health carrier documents that it made a good faith effort but
was unable to reach the provider or facility within thirty
minutes after receiving the request.
(e) A health carrier shall immediately arrange for an
alternative plan of treatment for the covered person if a
nonparticipating emergency provider and health plan cannot
reach an agreement on which services are necessary beyond
those immediately necessary to stabilize the covered person
consistent with state and federal laws.
(2) Nothing in this section is to be construed as prohibiting the health carrier from requiring notification within the
time frame specified in the contract for inpatient admission
or as soon thereafter as medically possible but no less than
twenty-four hours. Nothing in this section is to be construed
as preventing the health carrier from reserving the right to
require transfer of a hospitalized covered person upon
stabilization. Follow-up care that is a direct result of the
emergency must be obtained in accordance with the health
plan’s usual terms and conditions of coverage. All other
terms and conditions of coverage may be applied to emergency services. [1997 c 231 § 301.]
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
48.43.097 Filing of financial statements—Every
health carrier. Every health carrier holding a registration
from the commissioner shall file its financial statements as
required by this code and by the commissioner in accordance
with the accounting practices and procedures manuals as
adopted by the national association of insurance commissioners, unless otherwise provided by law. [1999 c 33 § 3.]
[Title 48 RCW—page 265]
48.43.105
Title 48 RCW: Insurance
48.43.105 Preparation of documents that compare
health carriers—Immunity—Due diligence. (1) A public
or private entity who exercises due diligence in preparing a
document of any kind that compares health carriers of any
kind is immune from civil liability from claims based on the
document and the contents of the document.
(2)(a) There is absolute immunity to civil liability from
claims based on such a comparison document and its
contents if the information was provided by the carrier, was
substantially accurately presented, and contained the effective
date of the information that the carrier supplied, if any.
(b) Where due diligence efforts to obtain accurate
information have been taken, there is immunity from claims
based on such a comparison document and its contents if the
publisher of the comparison document asked for such
information from the carrier, was refused, and relied on any
usually reliable source for the information including, but not
limited to, carrier enrollees, customers, agents, brokers, or
providers. The carrier enrollees, customers, agents, brokers,
or providers are likewise immune from civil liability on
claims based on information they provided if they believed
the information to be accurate and had exercised due
diligence in their efforts to confirm the accuracy of the
information provided.
(3) The immunity from liability contained in this section
applies only if the comparison document contains the
following in a conspicuous place and in easy to read
typeface:
This comparison is based on information believed
to be reliable by its publisher, but the accuracy of
the information cannot be guaranteed. Caution is
suggested to all readers who are encouraged to
confirm data of importance to the reader before any
purchasing or other decisions are made.
(4) The insurance commissioner is prohibited from
adopting rules regarding this section. [1996 c 312 § 5.]
48.43.115 Maternity services—Intent—Definitions—
Patient preference—Clinical sovereignty of provider—
Notice to policyholders—Application. (1) The legislature
recognizes the role of health care providers as the appropriate authority to determine and establish the delivery of
quality health care services to maternity patients and their
newly born children. It is the intent of the legislature to
recognize patient preference and the clinical sovereignty of
providers as they make determinations regarding services
provided and the length of time individual patients may need
to remain in a health care facility after giving birth. It is not
the intent of the legislature to diminish a carrier’s ability to
utilize managed care strategies but to ensure the clinical
judgment of the provider is not undermined by restrictive
carrier contracts or utilization review criteria that fail to
recognize individual postpartum needs.
(2) Unless otherwise specifically provided, the following
definitions apply throughout this section:
(a) "Attending provider" means a provider who: Has
clinical hospital privileges consistent with RCW 70.43.020;
is included in a provider network of the carrier that is
providing coverage; and is a physician licensed under
chapter 18.57 or 18.71 RCW, a certified nurse midwife
[Title 48 RCW—page 266]
licensed under chapter 18.79 RCW, a midwife licensed under
chapter 18.50 RCW, a physician’s assistant licensed under
chapter 18.57A or 18.71A RCW, or an advanced registered
nurse practitioner licensed under chapter 18.79 RCW.
(b) "Health carrier" or "carrier" means disability insurers
regulated under chapter 48.20 or 48.21 RCW, health care
services contractors regulated under chapter 48.44 RCW,
health maintenance organizations regulated under chapter
48.46 RCW, plans operating under the health care authority
under chapter 41.05 RCW, the state health insurance pool
operating under chapter 48.41 RCW, and insuring entities
regulated under this chapter.
(3)(a) Every health carrier that provides coverage for
maternity services must permit the attending provider, in
consultation with the mother, to make decisions on the
length of inpatient stay, rather than making such decisions
through contracts or agreements between providers, hospitals,
and insurers. These decisions must be based on accepted
medical practice.
(b) Covered eligible services may not be denied for
inpatient, postdelivery care to a mother and her newly born
child after a vaginal delivery or a cesarean section delivery
for such care as ordered by the attending provider in consultation with the mother.
(c) At the time of discharge, determination of the type
and location of follow-up care, *including in-person care,
must be made by the attending provider in consultation with
the mother rather than by contract or agreement between the
hospital and the insurer. These decisions must be based on
accepted medical practice.
(d) Covered eligible services may not be denied for
follow-up care as ordered by the attending provider in
consultation with the mother. Coverage for providers of
follow-up services must include, but need not be limited to,
attending providers as defined in this section, home health
agencies licensed under chapter 70.127 RCW, and registered
nurses licensed under chapter 18.79 RCW.
(e) Nothing in this section shall be construed to require
attending providers to authorize care they believe to be
medically unnecessary.
(f) Coverage for the newly born child must be no less
than the coverage of the child’s mother for no less than three
weeks, even if there are separate hospital admissions.
(4) No carrier that provides coverage for maternity
services may deselect, terminate the services of, require
additional documentation from, require additional utilization
review of, reduce payments to, or otherwise provide financial
disincentives to any attending provider or health care facility
solely as a result of the attending provider or health care
facility ordering care consistent with the provisions of this
section. Nothing in this section shall be construed to prevent
any insurer from reimbursing an attending provider or health
care facility on a capitated, case rate, or other financial
incentive basis.
(5) Every carrier that provides coverage for maternity
services must provide notice to policyholders regarding the
coverage required under this section. The notice must be in
writing and must be transmitted at the earliest of the next
mailing to the policyholder, the yearly summary of benefits
sent to the policyholder, or January 1 of the year following
June 6, 1996.
(2002 Ed.)
Insurance Reform
(6) This section is not intended to establish a standard
of medical care.
(7) This section shall apply to coverage for maternity
services under a contract issued or renewed by a health
carrier after June 6, 1996, and shall apply to plans operating
under the health care authority under chapter 41.05 RCW
beginning January 1, 1998. [1996 c 281 § 1.]
*Reviser’s note: Due to a drafting error, the amendment ", including
in-person care," was placed after "follow-up care" in subsection (3)(c)
instead of subsection (3)(d), which was the intended placement.
Short title—1996 c 281: "This act shall be known as "the Erin Act.""
[1996 c 281 § 3.]
48.43.125 Coverage at a long-term care facility
following hospitalization—Definition. (1) A carrier that
provides coverage for a person at a long-term care facility
following the person’s hospitalization shall, upon the request
of the person or his or her legal representative as authorized
in RCW 7.70.065, provide such coverage at the facility in
which the person resided immediately prior to the hospitalization if:
(a) The person’s primary care physician determines that
the medical care needs of the person can be met at the
requested facility;
(b) The requested facility has all applicable licenses and
certifications, and is not under a stop placement order that
prevents the person’s readmission;
(c) The requested facility agrees to accept payment from
the carrier for covered services at the rate paid to similar
facilities that otherwise contract with the carrier to provide
such services; and
(d) The requested facility, with regard to the following,
agrees to abide by the standards, terms, and conditions
required by the carrier of similar facilities with which the
carrier otherwise contracts: (i) Utilization review, quality
assurance, and peer review; and (ii) management and
administrative procedures, including data and financial
reporting that may be required by the carrier.
(2) For purposes of this section, "long-term care facility"
or "facility" means a nursing facility licensed under chapter
18.51 RCW, continuing care retirement community defined
under RCW 70.38.025, boarding home licensed under chapter 18.20 RCW, or assisted living facility. [1999 c 312 § 2.]
Findings—1999 c 312: "The legislature finds that a long-term care
facility is home for any individual who resides there, and the individual has
the right to receive services in his or her own home and to be cared for by
the organization with which he or she has a contractual agreement to
provide housing and related services. The legislature further finds that
restricting individuals from returning to the long-term care facility in which
they were residing prior to hospitalization may detrimentally impact the
health and well-being of frail individuals and their families." [1999 c 312
§ 1.]
Short title—1999 c 312: "This act may be known and cited as the
Kitson act." [1999 c 312 § 3.]
48.43.180 Denturist services. Notwithstanding any
provision of any certified health plan covering dental care as
provided for in this chapter, effective January 1, 1995,
benefits shall not be denied thereunder for any service performed by a denturist licensed under chapter 18.30 RCW if
(1) the service performed was within the lawful scope of
such person’s license, and (2) such plan would have provided benefits if such service had been performed by a dentist
(2002 Ed.)
48.43.115
licensed under chapter 18.32 RCW. [1995 c 1 § 23 (Initiative Measure No. 607, approved November 8, 1994).]
Short title—Severability—1995 c 1 (Initiative Measure No. 607):
See RCW 18.30.900 and 18.30.901.
48.43.185 General anesthesia services for dental
procedures. (1) Each group health benefit plan that
provides coverage for hospital, medical, or ambulatory
surgery center services must cover general anesthesia
services and related facility charges in conjunction with any
dental procedure performed in a hospital or ambulatory
surgical center if such anesthesia services and related facility
charges are medically necessary because the covered person:
(a) Is under the age of seven, or physically or developmentally disabled, with a dental condition that cannot be
safely and effectively treated in a dental office; or
(b) Has a medical condition that the person’s physician
determines would place the person at undue risk if the dental
procedure were performed in a dental office. The procedure
must be approved by the person’s physician.
(2) Each group health benefit plan or group dental plan
that provides coverage for dental services must cover
medically necessary general anesthesia services in conjunction with any covered dental procedure performed in a dental
office if the general anesthesia services are medically
necessary because the covered person is under the age of
seven or physically or developmentally disabled.
(3) This section does not prohibit a group health benefit
plan or group dental plan from:
(a) Applying cost-sharing requirements, maximum
annual benefit limitations, and prior authorization requirements to the services required under this section; or
(b) Covering only those services performed by a health
care provider, or in a health care facility, that is part of its
provider network; nor does it limit the health carrier in
negotiating rates and contracts with specific providers.
(4) This section does not apply to medicare supplement
policies, or supplemental contracts covering a specified
disease or other limited benefits.
(5) For the purpose of this section, "general anesthesia
services" means services to induce a state of unconsciousness accompanied by a loss of protective reflexes, including
the ability to maintain an airway independently and respond
purposefully to physical stimulation or verbal command.
(6) This section applies to group health benefit plans
and group dental plans issued or renewed on or after January
1, 2002. [2001 c 321 § 2.]
48.43.200 Disclosure of certain material transactions—Report—Information is confidential. (1) Every
certified health plan domiciled in this state shall file a report
with the commissioner disclosing material acquisitions and
dispositions of assets or material nonrenewals, cancellations,
or revisions of ceded reinsurance agreements unless these
acquisitions and dispositions of assets or material
nonrenewals, cancellations, or revisions of ceded reinsurance
agreements have been submitted to the commissioner for
review, approval, or information purposes under other
provisions of this title or other requirements.
[Title 48 RCW—page 267]
48.43.200
Title 48 RCW: Insurance
(2) The report required in subsection (1) of this section
is due within fifteen days after the end of the calendar month
in which any of the transactions occur.
(3) One complete copy of the report, including any
exhibits or other attachments filed as part of the report, shall
be filed with the:
(a) Commissioner; and
(b) National association of insurance commissioners.
(4) All reports obtained by or disclosed to the commissioner under this section and RCW 48.43.205 through
48.43.225 are exempt from public inspection and copying
and shall not be subject to subpoena. These reports shall not
be made public by the commissioner, the national association
of insurance commissioners, or any other person, except to
insurance departments of other states, without the prior
written consent of the certified health plan to which it
pertains unless the commissioner, after giving the certified
health plan that would be affected by disclosure notice and
a hearing under chapter 48.04 RCW, determines that the
interest of policyholders, subscribers, shareholders, or the
public will be served by the publication, in which event the
commissioner may publish all or any part of the report in the
manner he or she deems appropriate. [1995 c 86 § 7.]
48.43.205 Material acquisitions or dispositions. No
acquisitions or dispositions of assets need be reported
pursuant to RCW 48.43.200 if the acquisitions or dispositions are not material. For purposes of RCW 48.43.200
through 48.43.225, a material acquisition, or the aggregate of
any series of related acquisitions during any thirty-day
period; or disposition, or the aggregate of any series of
related dispositions during any thirty-day period is an
acquisition or disposition that is nonrecurring and not in the
ordinary course of business and involves more than five
percent of the reporting certified health plan’s total assets as
reported in its most recent statutory statement filed with the
commissioner. [1995 c 86 § 8.]
48.43.210 Asset acquisitions—Asset dispositions. (1)
Asset acquisitions subject to RCW 48.43.200 through
48.43.225 include every purchase, lease, exchange, merger,
consolidation, succession, or other acquisition other than the
construction or development of real property by or for the
reporting certified health plan or the acquisition of materials
for such purpose.
(2) Asset dispositions subject to RCW 48.43.200
through 48.43.225 include every sale, lease, exchange,
merger, consolidation, mortgage, hypothecation, abandonment, destruction, other disposition, or assignment, whether
for the benefit of creditors or otherwise. [1995 c 86 § 9.]
48.43.215 Report of a material acquisition or
disposition of assets—Information required. (1) The
following information is required to be disclosed in any report of a material acquisition or disposition of assets:
(a) Date of the transaction;
(b) Manner of acquisition or disposition;
(c) Description of the assets involved;
(d) Nature and amount of the consideration given or
received;
(e) Purpose of or reason for the transaction;
[Title 48 RCW—page 268]
(f) Manner by which the amount of consideration was
determined;
(g) Gain or loss recognized or realized as a result of the
transaction; and
(h) Names of the persons from whom the assets were
acquired or to whom they were disposed.
(2) Certified health plans are required to report material
acquisitions and dispositions on a nonconsolidated basis
unless the certified health plan is part of a consolidated
group of insurers that utilizes a pooling arrangement or one
hundred percent reinsurance agreement that affects the
solvency and integrity of the certified health plan’s reserves
and such certified health plan ceded substantially all of its
direct and assumed business to the pool. A certified health
plan has ceded substantially all of its direct and assumed
business to a pool if the certified health plan has less than
one million dollars total direct plus assumed written premiums during a calendar year that are not subject to a pooling
arrangement and the net income of the business not subject
to the pooling arrangement represents less than five percent
of the certified health plan’s net worth. [1995 c 86 § 10.]
48.43.220 Material nonrenewals, cancellations, or
revisions of ceded reinsurance agreements. (1) No
nonrenewals, cancellations, or revisions of ceded reinsurance
agreements need be reported under RCW 48.43.200 if the
nonrenewals, cancellations, or revisions are not material.
For purposes of RCW 48.43.200 through 48.43.225, a
material nonrenewal, cancellation, or revision is one that
affects:
(a) More than fifty percent of a certified health plan’s
total reserve credit taken for business ceded, on an annualized basis, as indicated in the certified health plan’s most
recent annual statement;
(b) More than ten percent of a certified health plan’s
total cession when it is replaced by one or more unauthorized reinsurers; or
(c) Previously established collateral requirements, when
they have been reduced or waived as respects one or more
unauthorized reinsurers representing collectively more than
ten percent of a total cession.
(2) However, a filing is not required if the certified
health plan’s total reserve credit taken for business ceded
represents, on an annualized basis, less than ten percent of
the statutory reserve requirement prior to any cession. [1995
c 86 § 11.]
48.43.225 Report of a material nonrenewal,
cancellation, or revision of ceded reinsurance
agreements—Information required. (1) The following is
required to be disclosed in any report of a material
nonrenewal, cancellation, or revision of ceded reinsurance
agreements:
(a) The effective date of the nonrenewal, cancellation,
or revision;
(b) The description of the transaction with an identification of the initiator;
(c) The purpose of or reason for the transaction; and
(d) If applicable, the identity of the replacement
reinsurers.
(2002 Ed.)
Insurance Reform
(2) Certified health plans are required to report all
material nonrenewals, cancellations, or revisions of ceded
reinsurance agreements on a nonconsolidated basis unless the
certified health plan is part of a consolidated group of
insurers which utilizes a pooling arrangement or one hundred
percent reinsurance agreement that affects the solvency and
integrity of the certified health plan’s reserves and the
certified health plan ceded substantially all of its direct and
assumed business to the pool. A certified health plan has
ceded substantially all of its direct and assumed business to
a pool if the certified health plan has less than one million
dollars total direct plus assumed written premiums during a
calendar year that are not subject to a pooling arrangement
and the net income of the business not subject to the pooling
arrangement represents less than five percent of the certified
health plan’s net worth. [1995 c 86 § 12.]
48.43.300 Definitions. The definitions in this section
apply throughout RCW 48.43.300 through 48.43.370 unless
the context clearly requires otherwise.
(1) "Adjusted RBC report" means an RBC report that
has been adjusted by the commissioner in accordance with
RCW 48.43.305(4).
(2) "Corrective order" means an order issued by the
commissioner specifying corrective actions that the commissioner has determined are required.
(3) "Domestic carrier" means any carrier domiciled in
this state, or any person or entity subject to chapter 48.42
RCW domiciled in this state.
(4) "Foreign or alien carrier" means any carrier that is
licensed to do business in this state but is not domiciled in
this state, or any person or entity subject to chapter 48.42
RCW not domiciled in this state.
(5) "NAIC" means the national association of insurance
commissioners.
(6) "Negative trend" means, with respect to a carrier, a
negative trend over a period of time, as determined in
accordance with the "trend test calculation" included in the
RBC instructions.
(7) "RBC" means risk-based capital.
(8) "RBC instructions" means the RBC report including
risk-based capital instructions adopted by the NAIC, as such
RBC instructions may be amended by the NAIC from time
to time in accordance with the procedures adopted by the
NAIC.
(9) "RBC level" means a carrier’s company action level
RBC, regulatory action level RBC, authorized control level
RBC, or mandatory control level RBC where:
(a) "Company action level RBC" means, with respect to
any carrier, the product of 2.0 and its authorized control
level RBC;
(b) "Regulatory action level RBC" means the product of
1.5 and its authorized control level RBC;
(c) "Authorized control level RBC" means the number
determined under the risk-based capital formula in accordance with the RBC instructions;
(d) "Mandatory control level RBC" means the product
of .70 and the authorized control level RBC.
(10) "RBC plan" means a comprehensive financial plan
containing the elements specified in RCW 48.43.310(2). If
the commissioner rejects the RBC plan, and it is revised by
(2002 Ed.)
48.43.225
the carrier, with or without the commissioner’s recommendation, the plan shall be called the "revised RBC plan."
(11) "RBC report" means the report required in RCW
48.43.305.
(12) "Total adjusted capital" means the sum of:
(a) Either a carrier’s statutory capital and surplus or net
worth, or both, as determined in accordance with statutory
accounting applicable to the annual financial statements
required to be filed with the commissioner; and
(b) Other items, if any, as the RBC instructions may
provide. [1998 c 241 § 1.]
48.43.305 Report of RBC levels—Distribution of
report—Formula for determination—Commissioner may
make adjustments. (1) Every domestic carrier shall, on or
prior to the filing date of March 1st, prepare and submit to
the commissioner a report of its RBC levels as of the end of
the calendar year just ended, in a form and containing such
information as is required by the RBC instructions. In
addition, every domestic carrier shall file its RBC report:
(a) With the NAIC in accordance with the RBC instructions; and
(b) With the insurance commissioner in any state in
which the carrier is authorized to do business, if the insurance commissioner has notified the carrier of its request in
writing, in which case the carrier shall file its RBC report
not later than the later of:
(i) Fifteen days from the receipt of notice to file its
RBC report with that state; or
(ii) The filing date.
(2) A carrier’s RBC shall be determined in accordance
with the formula set forth in the RBC instructions. The
formula shall take into account (and may adjust for the
covariance between):
(a) The risk with respect to the carrier’s assets;
(b) The risk of adverse insurance experience with
respect to the carrier’s liabilities and obligations;
(c) The interest rate risk with respect to the carrier’s
business; and
(d) All other business risks and such other relevant risks
as are set forth in the RBC instructions; determined in each
case by applying the factors in the manner set forth in the
RBC instructions.
(3) An excess of capital over the amount produced by
the risk-based capital requirements contained in RCW
48.43.300 through 48.43.370 and the formulas, schedules,
and instructions referenced in RCW 48.43.300 through
48.43.370 is desirable in the business of insurance. Accordingly, carriers should seek to maintain capital above the RBC
levels required by RCW 48.43.300 through 48.43.370.
Additional capital is used and useful in the insurance
business and helps to secure a carrier against various risks
inherent in, or affecting, the business of insurance and not
accounted for or only partially measured by the risk-based
capital requirements contained in RCW 48.43.300 through
48.43.370.
(4) If a domestic carrier files an RBC report that in the
judgment of the commissioner is inaccurate, then the
commissioner shall adjust the RBC report to correct the
inaccuracy and shall notify the carrier of the adjustment.
[Title 48 RCW—page 269]
48.43.305
Title 48 RCW: Insurance
The notice shall contain a statement of the reason for the
adjustment. [1998 c 241 § 2.]
48.43.310 Company action level event—Required
RBC plan—Commissioner’s review—Notification—
Challenge by carrier. (1) "Company action level event"
means any of the following events:
(a) The filing of an RBC report by a carrier which
indicates that:
(i) The carrier’s total adjusted capital is greater than or
equal to its regulatory action level RBC but less than its
company action level RBC; or
(ii) The carrier has total adjusted capital which is greater
than or equal to its company action level RBC but less than
the product of its authorized control level RBC and 2.5 and
has a negative trend;
(b) The notification by the commissioner to the carrier
of an adjusted RBC report that indicates an event in (a) of
this subsection, provided the carrier does not challenge the
adjusted RBC report under RCW 48.43.330; or
(c) If, under RCW 48.43.330, a carrier challenges an
adjusted RBC report that indicates the event in (a) of this
subsection, the notification by the commissioner to the
carrier that the commissioner has, after a hearing, rejected
the carrier’s challenge.
(2) In the event of a company action level event, the
carrier shall prepare and submit to the commissioner an RBC
plan that:
(a) Identifies the conditions that contribute to the
company action level event;
(b) Contains proposals of corrective actions that the
carrier intends to take and would be expected to result in the
elimination of the company action level event;
(c) Provides projections of the carrier’s financial results
in the current year and at least the four succeeding years,
both in the absence of proposed corrective actions and giving
effect to the proposed corrective actions, including projections of statutory operating income, net income, capital,
surplus, capital and surplus, and net worth. The projections
for both new and renewal business might include separate
projections for each major line of business and separately
identify each significant income, expense, and benefit
component;
(d) Identifies the key assumptions impacting the
carrier’s projections and the sensitivity of the projections to
the assumptions; and
(e) Identifies the quality of, and problems associated
with, the carrier’s business, including but not limited to its
assets, anticipated business growth and associated surplus
strain, extraordinary exposure to risk, mix of business, and
use of reinsurance, if any, in each case.
(3) The RBC plan shall be submitted:
(a) Within forty-five days of the company action level
event; or
(b) If the carrier challenges an adjusted RBC report
under RCW 48.43.330, within forty-five days after notification to the carrier that the commissioner has, after a hearing,
rejected the carrier’s challenge.
(4) Within sixty days after the submission by a carrier
of an RBC plan to the commissioner, the commissioner shall
notify the carrier whether the RBC plan may be implemented
[Title 48 RCW—page 270]
or is, in the judgment of the commissioner, unsatisfactory.
If the commissioner determines the RBC plan is unsatisfactory, the notification to the carrier shall set forth the reasons
for the determination, and may set forth proposed revisions
that will render the RBC plan satisfactory. Upon notification
from the commissioner, the carrier shall prepare a revised
RBC plan, that may incorporate by reference any revisions
proposed by the commissioner, and shall submit the revised
RBC plan to the commissioner:
(a) Within forty-five days after the notification from the
commissioner; or
(b) If the carrier challenges the notification from the
commissioner under RCW 48.43.330, within forty-five days
after a notification to the carrier that the commissioner has,
after a hearing, rejected the carrier’s challenge.
(5) In the event of a notification by the commissioner to
a carrier that the carrier’s RBC plan or revised RBC plan is
unsatisfactory, the commissioner may, subject to the carrier’s
rights to a hearing under RCW 48.43.330, specify in the
notification that the notification constitutes a regulatory action level event.
(6) Every domestic carrier that files an RBC plan or
revised RBC plan with the commissioner shall file a copy of
the RBC plan or revised RBC plan with the insurance
commissioner in any state in which the carrier is authorized
to do business if:
(a) Such state has an RBC provision substantially
similar to RCW 48.43.335(1); and
(b) The insurance commissioner of that state has
notified the carrier of its request for the filing in writing, in
which case the carrier shall file a copy of the RBC plan or
revised RBC plan in that state no later than the later of:
(i) Fifteen days after the receipt of notice to file a copy
of its RBC plan or revised plan with the state; or
(ii) The date on which the RBC plan or revised RBC
plan is filed under subsections (3) and (4) of this section.
[1998 c 241 § 3.]
48.43.315 Regulatory action level event—Required
RBC plan—Commissioner’s review—Notification—
Challenge by carrier. (1) "Regulatory action level event"
means, with respect to any carrier, any of the following
events:
(a) The filing of an RBC report by the carrier which
indicates that the carrier’s total adjusted capital is greater
than or equal to its authorized control level RBC but less
than its regulatory action level RBC;
(b) The notification by the commissioner to a carrier of
an adjusted RBC report that indicates the event in (a) of this
subsection, provided the carrier does not challenge the
adjusted RBC report under RCW 48.43.330;
(c) If, under RCW 48.43.330, the carrier challenges an
adjusted RBC report that indicates the event in (a) of this
subsection, the notification by the commissioner to the
carrier that the commissioner has, after a hearing, rejected
the carrier’s challenge;
(d) The failure of the carrier to file an RBC report by
the filing date, unless the carrier has provided an explanation
for such failure that is satisfactory to the commissioner and
has cured the failure within ten days after the filing date;
(2002 Ed.)
Insurance Reform
(e) The failure of the carrier to submit an RBC plan to
the commissioner within the time period set forth in RCW
48.43.310(3);
(f) Notification by the commissioner to the carrier that:
(i) The RBC plan or revised RBC plan submitted by the
carrier is, in the judgment of the commissioner, unsatisfactory; and
(ii) The notification constitutes a regulatory action level
event with respect to the carrier, provided the carrier has not
challenged the determination under RCW 48.43.330;
(g) If, under RCW 48.43.330, the carrier challenges a
determination by the commissioner under (f) of this subsection, the notification by the commissioner to the carrier that
the commissioner has, after a hearing, rejected the challenge;
(h) Notification by the commissioner to the carrier that
the carrier has failed to adhere to its RBC plan or revised
RBC plan, but only if such failure has a substantial adverse
effect on the ability of the carrier to eliminate the company
action level event in accordance with its RBC plan or revised RBC plan and the commissioner has so stated in the
notification, provided the carrier has not challenged the
determination under RCW 48.43.330; or
(i) If, under RCW 48.43.330, the carrier challenges a
determination by the commissioner under (h) of this subsection, the notification by the commissioner to the carrier that
the commissioner has, after a hearing, rejected the challenge.
(2) In the event of a regulatory action level event the
commissioner shall:
(a) Require the carrier to prepare and submit an RBC
plan or, if applicable, a revised RBC plan;
(b) Perform the examination or analysis the commissioner deems necessary of the assets, liabilities, and operations
of the carrier including a review of its RBC plan or revised
RBC plan; and
(c) Subsequent to the examination or analysis, issue an
order specifying those corrective actions the commissioner
determines are required.
(3) In determining corrective actions, the commissioner
may take into account those factors deemed relevant with
respect to the carrier based upon the commissioner’s examination or analysis of the assets, liabilities, and operations of
the carrier, including, but not limited to, the results of any
sensitivity tests undertaken pursuant to the RBC instructions.
The RBC plan or revised RBC plan shall be submitted:
(a) Within forty-five days after the occurrence of the
regulatory action level event;
(b) If the carrier challenges an adjusted RBC report
under RCW 48.43.330 and the challenge is not frivolous in
the judgment of the commissioner within forty-five days
after the notification to the carrier that the commissioner has,
after a hearing, rejected the carrier’s challenge; or
(c) If the carrier challenges a revised RBC plan under
RCW 48.43.330 and the challenge is not frivolous in the
judgment of the commissioner, within forty-five days after
the notification to the carrier that the commissioner has, after
a hearing, rejected the carrier’s challenge.
(4) The commissioner may retain actuaries and investment experts and other consultants as may be necessary in
the judgment of the commissioner to review the carrier’s
RBC plan or revised RBC plan, examine or analyze the assets, liabilities, and operations of the carrier and formulate
the corrective order with respect to the carrier. The fees,
(2002 Ed.)
48.43.315
costs, and expenses relating to consultants shall be borne by
the affected carrier or other party as directed by the commissioner. [1998 c 241 § 4.]
48.43.320 Authorized control level event—
Commissioner’s options. (1) "Authorized control level
event" means any of the following events:
(a) The filing of an RBC report by the carrier which
indicates that the carrier’s total adjusted capital is greater
than or equal to its mandatory control level RBC but less
than its authorized control level RBC;
(b) The notification by the commissioner to the carrier
of an adjusted RBC report that indicates the event in (a) of
this subsection, provided the carrier does not challenge the
adjusted RBC report under RCW 48.43.330;
(c) If, under RCW 48.43.330, the carrier challenges an
adjusted RBC report that indicates the event in (a) of this
subsection, notification by the commissioner to the carrier
that the commissioner has, after a hearing, rejected the
carrier’s challenge;
(d) The failure of the carrier to respond, in a manner
satisfactory to the commissioner, to a corrective order,
provided the carrier has not challenged the corrective order
under RCW 48.43.330; or
(e) If the carrier has challenged a corrective order under
RCW 48.43.330 and the commissioner has, after a hearing,
rejected the challenge or modified the corrective order, the
failure of the carrier to respond, in a manner satisfactory to
the commissioner, to the corrective order subsequent to
rejection or modification by the commissioner.
(2) In the event of an authorized control level event
with respect to a carrier, the commissioner shall:
(a) Take those actions required under RCW 48.43.315
regarding a carrier with respect to which a regulatory action
level event has occurred; or
(b) If the commissioner deems it to be in the best
interests of either the policyholders or subscribers, or both,
and creditors of the carrier and of the public, take those
actions necessary to cause the carrier to be placed under
regulatory control under chapter 48.31 RCW. In the event
the commissioner takes such actions, the authorized control
level event is sufficient grounds for the commissioner to take
action under chapter 48.31 RCW, and the commissioner shall
have the rights, powers, and duties with respect to the carrier
as are set forth in chapter 48.31 RCW. In the event the
commissioner takes actions under this subsection (2)(b)
pursuant to an adjusted RBC report, the carrier is entitled to
those protections afforded to carriers under the provisions of
RCW 48.31.121 pertaining to summary proceedings. [1998
c 241 § 5.]
48.43.325 Mandatory control level event—
Commissioner’s duty—Regulatory control. (1) "Mandatory control level event" means any of the following events:
(a) The filing of an RBC report which indicates that the
carrier’s total adjusted capital is less than its mandatory
control level RBC;
(b) Notification by the commissioner to the carrier of an
adjusted RBC report that indicates the event in (a) of this
subsection, provided the carrier does not challenge the
adjusted RBC report under RCW 48.43.330; or
[Title 48 RCW—page 271]
48.43.325
Title 48 RCW: Insurance
(c) If, under RCW 48.43.330, the carrier challenges an
adjusted RBC report that indicates the event in (a) of this
subsection, notification by the commissioner to the carrier
that the commissioner has, after a hearing, rejected the
carrier’s challenge.
(2) In the event of a mandatory control level event, with
respect to a carrier, the commissioner shall take those actions
necessary to place the carrier under regulatory control under
chapter 48.31 RCW. In that event, the mandatory control
level event is sufficient grounds for the commissioner to take
action under chapter 48.31 RCW, and the commissioner shall
have the rights, powers, and duties with respect to the carrier
as are set forth in chapter 48.31 RCW. If the commissioner
takes actions pursuant to an adjusted RBC report, the carrier
is entitled to the protections of RCW 48.31.121 pertaining to
summary proceedings. However, the commissioner may
forego action for up to ninety days after the mandatory
control level event if the commissioner finds there is a
reasonable expectation that the mandatory control level event
may be eliminated within the ninety-day period. [1998 c
241 § 6.]
48.43.330 Carrier’s right to hearing—Request by
carrier—Date set by commissioner. (1) Upon notification
to a carrier by the commissioner of any of the following, the
carrier shall have the right to a hearing, in accordance with
chapters 48.04 and 34.05 RCW, at which the carrier may
challenge any determination or action by the commissioner:
(a) Of an adjusted RBC report; or
(b)(i) That the carrier’s RBC plan or revised RBC plan
is unsatisfactory; and
(ii) The notification constitutes a regulatory action level
event with respect to such carrier; or
(c) That the carrier has failed to adhere to its RBC plan
or revised RBC plan and that such failure has a substantial
adverse effect on the ability of the carrier to eliminate the
company action level event with respect to the carrier in
accordance with its RBC plan or revised RBC plan; or
(d) Of a corrective order with respect to the carrier.
(2) The carrier shall notify the commissioner of its
request for a hearing within five days after the notification
by the commissioner under this section. Upon receipt of the
carrier’s request for a hearing, the commissioner shall set a
date for the hearing. The date shall be no less than ten nor
more than thirty days after the date of the carrier’s request.
[1998 c 241 § 7.]
48.43.335 Confidentiality of RBC reports and
plans—Use of certain comparisons prohibited—Certain
information intended solely for use by commissioner. (1)
All RBC reports, to the extent the information therein is not
required to be set forth in a publicly available annual
statement schedule, and RBC plans, including the results or
report of any examination or analysis of a carrier and any
corrective order issued by the commissioner, with respect to
any domestic carrier or foreign carrier that are filed with the
commissioner constitute information that might be damaging
to the carrier if made available to its competitors, and
therefore shall be kept confidential by the commissioner.
This information shall not be made public or be subject to
subpoena, other than by the commissioner and then only for
[Title 48 RCW—page 272]
the purpose of enforcement actions taken by the commissioner.
(2) The comparison of a carrier’s total adjusted capital
to any of its RBC levels is a regulatory tool that may
indicate the need for possible corrective action with respect
to the carrier, and is not a means to rank carriers generally.
Therefore, except as otherwise required under the provisions
of RCW 48.43.300 through 48.43.370, the making, publishing, disseminating, circulating, or placing before the public,
or causing, directly or indirectly, to be made, published,
disseminated, circulated, or placed before the public, in a
newspaper, magazine, or other publication, or in the form of
a notice, circular, pamphlet, letter, or poster, or over any
radio or television station, or in any other way, an advertisement, announcement, or statement containing an assertion,
representation, or statement with regard to the RBC levels of
any carrier, or of any component derived in the calculation,
by any carrier, agent, broker, or other person engaged in any
manner in the insurance business would be misleading and
is therefore prohibited. However, if any materially false
statement with respect to the comparison regarding a
carrier’s total adjusted capital to its RBC levels (or any of
them) or an inappropriate comparison of any other amount
to the carrier’s RBC levels is published in any written publication and the carrier is able to demonstrate to the commissioner with substantial proof the falsity of such statement, or
the inappropriateness, as the case may be, then the carrier
may publish an announcement in a written publication if the
sole purpose of the announcement is to rebut the materially
false statement.
(3) The RBC instructions, RBC reports, adjusted RBC
reports, RBC plans, and revised RBC plans are intended
solely for use by the commissioner in monitoring the
solvency of carriers and the need for possible corrective
action with respect to carriers and shall not be used by the
commissioner for ratemaking nor considered or introduced
as evidence in any rate proceeding nor used by the commissioner to calculate or derive any elements of an appropriate
premium level or rate of return for any line of insurance that
a carrier or any affiliate is authorized to write. [1998 c 241
§ 8.]
48.43.340 Powers or duties of commissioner not
limited—Rules. (1) The provisions of RCW 48.43.300
through 48.43.370 are supplemental to any other provisions
of the laws and rules of this state, and shall not preclude or
limit any other powers or duties of the commissioner under
such laws and rules, including, but not limited to, chapter
48.31 RCW.
(2) The commissioner may adopt reasonable rules
necessary for the implementation of RCW 48.43.300 through
48.43.370. [1998 c 241 § 9.]
48.43.345 Foreign or alien carriers—Required RBC
report—Commissioner may require RBC plan—
Mandatory control level event. (1) Any foreign or alien
carrier shall, upon the written request of the commissioner,
submit to the commissioner an RBC report as of the end of
the calendar year just ended by the later of:
(2002 Ed.)
Insurance Reform
(a) The date an RBC report would be required to be
filed by a domestic carrier under RCW 48.43.300 through
48.43.370; or
(b) Fifteen days after the request is received by the
foreign or alien carrier. Any foreign or alien carrier shall,
at the written request of the commissioner, promptly submit
to the commissioner a copy of any RBC plan that is filed
with the insurance commissioner of any other state.
(2) In the event of a company action level event,
regulatory action level event, or authorized control level
event with respect to any foreign or alien carrier as determined under the RBC statute applicable in the state of
domicile of the carrier or, if no RBC statute is in force in
that state, under the provisions of RCW 48.43.300 through
48.43.370, if the insurance commissioner of the state of
domicile of the foreign or alien carrier fails to require the
foreign or alien carrier to file an RBC plan in the manner
specified under that state’s RBC statute or, if no RBC statute
is in force in that state, under RCW 48.43.310, the commissioner may require the foreign or alien carrier to file an RBC
plan with the commissioner. In this event, the failure of the
foreign or alien carrier to file an RBC plan with the commissioner is grounds to order the carrier to cease and desist
from writing new insurance business in this state.
(3) In the event of a mandatory control level event with
respect to any foreign or alien carrier, if no domiciliary
receiver has been appointed with respect to the foreign or
alien carrier under the rehabilitation and liquidation statute
applicable in the state of domicile of the foreign or alien
carrier, the commissioner may apply for an order under
RCW 48.31.080 or 48.31.090 to conserve the assets within
this state of foreign or alien carriers, and the occurrence of
the mandatory control level event is considered adequate
grounds for the application. [1998 c 241 § 10.]
48.43.350 No liability or cause of action against
commissioner or department. There is no liability on the
part of, and no cause of action shall arise against, the
commissioner or insurance department or its employees or
agents for any action taken by them in the performance of
their powers and duties under RCW 48.43.300 through
48.43.370. [1998 c 241 § 11.]
48.43.355 Notice by commissioner to carrier—When
effective. All notices by the commissioner to a carrier that
may result in regulatory action are effective upon dispatch if
transmitted by registered or certified mail, or in the case of
any other transmission, are effective upon the carrier’s receipt of such notice. [1998 c 241 § 12.]
48.43.360 Initial RBC reports—Calculation of
initial RBC levels—Subsequent reports. For RBC reports
to be filed by carriers commencing operations after June 11,
1998, those carriers shall calculate the initial RBC levels
using financial projections, considering managed care
arrangements, for its first full year in operation. Such
projections, including the risk-based capital requirement,
must be included as part of a comprehensive business plan
that is submitted as part of the application for registration
under RCW 48.44.040 and 48.46.030. The resulting RBC
requirement shall be reported in the first RBC report
(2002 Ed.)
48.43.345
submitted under RCW 48.43.305. For subsequent reports,
the RBC results using actual financial data shall be included.
[1998 c 241 § 13.]
48.43.365 RBC report for 1998 calendar year. The
first RBC report required under RCW 48.43.305 shall be
filed on or prior to March 1, 1999, for the 1998 calendar
year. [1998 c 241 § 14.]
48.43.370 RBC standards not applicable to certain
carriers. RCW 48.43.300 through 48.43.370 shall not apply
to a carrier which is subject to the provisions of RCW
48.05.430 through 48.05.490. [1998 c 241 § 15.]
48.43.500 Intent—Purpose—2000 c 5. It is the
intent of the legislature that enrollees covered by health
plans receive quality health care designed to maintain and
improve their health. The purpose of chapter 5, Laws of
2000 is to ensure that health plan enrollees:
(1) Have improved access to information regarding their
health plans;
(2) Have sufficient and timely access to appropriate
health care services, and choice among health care providers;
(3) Are assured that health care decisions are made by
appropriate medical personnel;
(4) Have access to a quick and impartial process for
appealing plan decisions;
(5) Are protected from unnecessary invasions of health
care privacy; and
(6) Are assured that personal health care information
will be used only as necessary to obtain and pay for health
care or to improve the quality of care. [2000 c 5 § 1.]
Application—2000 c 5: "This act applies to: Health plans as defined
in RCW 48.43.005 offered, renewed, or issued by a carrier; medical
assistance provided under RCW 74.09.522; the basic health plan offered
under chapter 70.47 RCW; and health benefits provided under chapter 41.05
RCW." [2000 c 5 § 19.]
Short title—2000 c 5: "This act may be known and cited as the
health care patient bill of rights." [2000 c 5 § 22.]
Captions not law—2000 c 5: "Captions used in this act are not any
part of the law." [2000 c 5 § 24.]
Construction—2000 c 5: "To the extent permitted by law, if any
provision of this act conflicts with state or federal law, such provision must
be construed in a manner most favorable to the enrollee." [2000 c 5 § 26.]
Severability—2000 c 5: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [2000 c 5 § 27.]
Application to contracts—Effective dates—2000 c 5: "(1) Except
as provided in subsections (2) and (3) of this section, this act applies to
contracts entered into or renewing after June 30, 2001.
(2) Sections 13, 14, 15, and 16 of this act take effect January 1, 2001.
(3) Section 29 of this act takes effect July 1, 2001." [2000 c 5 § 28.]
48.43.505 Requirement to protect enrollee’s right to
privacy or confidential services—Rules. (1) Health
carriers and insurers shall adopt policies and procedures that
conform administrative, business, and operational practices
to protect an enrollee’s right to privacy or right to confidential health care services granted under state or federal laws.
(2) The commissioner may adopt rules to implement this
section after considering relevant standards adopted by
national managed care accreditation organizations and the
[Title 48 RCW—page 273]
48.43.505
Title 48 RCW: Insurance
national association of insurance commissioners, and after
considering the effect of those standards on the ability of
carriers to undertake enrollee care management and disease
management programs. [2000 c 5 § 5.]
Application—Short title—Captions not law—Construction—
Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
48.43.510 Carrier required to disclose health plan
information—Marketing and advertising restrictions—
Rules. (1) A carrier that offers a health plan may not offer
to sell a health plan to an enrollee or to any group representative, agent, employer, or enrollee representative without
first offering to provide, and providing upon request, the
following information before purchase or selection:
(a) A listing of covered benefits, including prescription
drug benefits, if any, a copy of the current formulary, if any
is used, definitions of terms such as generic versus brand
name, and policies regarding coverage of drugs, such as how
they become approved or taken off the formulary, and how
consumers may be involved in decisions about benefits;
(b) A listing of exclusions, reductions, and limitations
to covered benefits, and any definition of medical necessity
or other coverage criteria upon which they may be based;
(c) A statement of the carrier’s policies for protecting
the confidentiality of health information;
(d) A statement of the cost of premiums and any
enrollee cost-sharing requirements;
(e) A summary explanation of the carrier’s grievance
process;
(f) A statement regarding the availability of a point-ofservice option, if any, and how the option operates; and
(g) A convenient means of obtaining lists of participating primary care and specialty care providers, including
disclosure of network arrangements that restrict access to
providers within any plan network. The offer to provide the
information referenced in this subsection (1) must be clearly
and prominently displayed on any information provided to
any prospective enrollee or to any prospective group representative, agent, employer, or enrollee representative.
(2) Upon the request of any person, including a current
enrollee, prospective enrollee, or the insurance commissioner, a carrier must provide written information regarding any
health care plan it offers, that includes the following written
information:
(a) Any documents, instruments, or other information referred to in the medical coverage agreement;
(b) A full description of the procedures to be followed
by an enrollee for consulting a provider other than the
primary care provider and whether the enrollee’s primary
care provider, the carrier’s medical director, or another entity
must authorize the referral;
(c) Procedures, if any, that an enrollee must first follow
for obtaining prior authorization for health care services;
(d) A written description of any reimbursement or
payment arrangements, including, but not limited to, capitation provisions, fee-for-service provisions, and health care
delivery efficiency provisions, between a carrier and a
provider or network;
(e) Descriptions and justifications for provider compensation programs, including any incentives or penalties that
[Title 48 RCW—page 274]
are intended to encourage providers to withhold services or
minimize or avoid referrals to specialists;
(f) An annual accounting of all payments made by the
carrier which have been counted against any payment
limitations, visit limitations, or other overall limitations on
a person’s coverage under a plan;
(g) A copy of the carrier’s grievance process for claim
or service denial and for dissatisfaction with care; and
(h) Accreditation status with one or more national
managed care accreditation organizations, and whether the
carrier tracks its health care effectiveness performance using
the health employer data information set (HEDIS), whether
it publicly reports its HEDIS data, and how interested
persons can access its HEDIS data.
(3) Each carrier shall provide to all enrollees and
prospective enrollees a list of available disclosure items.
(4) Nothing in this section requires a carrier or a health
care provider to divulge proprietary information to an
enrollee, including the specific contractual terms and
conditions between a carrier and a provider.
(5) No carrier may advertise or market any health plan
to the public as a plan that covers services that help prevent
illness or promote the health of enrollees unless it:
(a) Provides all clinical preventive health services
provided by the basic health plan, authorized by chapter
70.47 RCW;
(b) Monitors and reports annually to enrollees on
standardized measures of health care and satisfaction of all
enrollees in the health plan. The state department of health
shall recommend appropriate standardized measures for this
purpose, after consideration of national standardized measurement systems adopted by national managed care accreditation organizations and state agencies that purchase managed health care services; and
(c) Makes available upon request to enrollees its
integrated plan to identify and manage the most prevalent
diseases within its enrolled population, including cancer,
heart disease, and stroke.
(6) No carrier may preclude or discourage its providers
from informing an enrollee of the care he or she requires,
including various treatment options, and whether in the
providers’ view such care is consistent with the plan’s health
coverage criteria, or otherwise covered by the enrollee’s
medical coverage agreement with the carrier. No carrier
may prohibit, discourage, or penalize a provider otherwise
practicing in compliance with the law from advocating on
behalf of an enrollee with a carrier. Nothing in this section
shall be construed to authorize a provider to bind a carrier to
pay for any service.
(7) No carrier may preclude or discourage enrollees or
those paying for their coverage from discussing the comparative merits of different carriers with their providers. This
prohibition specifically includes prohibiting or limiting
providers participating in those discussions even if critical of
a carrier.
(8) Each carrier must communicate enrollee information
required in chapter 5, Laws of 2000 by means that ensure
that a substantial portion of the enrollee population can make
use of the information.
(9) The commissioner may adopt rules to implement this
section. In developing rules to implement this section, the
commissioner shall consider relevant standards adopted by
(2002 Ed.)
Insurance Reform
48.43.510
national managed care accreditation organizations and state
agencies that purchase managed health care services. [2000
c 5 § 6.]
Application—Short title—Captions not law—Construction—
Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
Application—Short title—Captions not law—Construction—
Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
48.43.520 Requirement to maintain a documented
utilization review program description and written
utilization review criteria—Rules. (1) Carriers that offer
a health plan shall maintain a documented utilization review
program description and written utilization review criteria
based on reasonable medical evidence. The program must
include a method for reviewing and updating criteria.
Carriers shall make clinical protocols, medical management
standards, and other review criteria available upon request to
participating providers.
(2) The commissioner shall adopt, in rule, standards for
this section after considering relevant standards adopted by
national managed care accreditation organizations and state
agencies that purchase managed health care services.
(3) A carrier shall not be required to use medical
evidence or standards in its utilization review of religious
nonmedical treatment or religious nonmedical nursing care.
[2000 c 5 § 8.]
48.43.515 Access to appropriate health services—
Enrollee options—Rules. (1) Each enrollee in a health plan
must have adequate choice among health care providers.
(2) Each carrier must allow an enrollee to choose a
primary care provider who is accepting new enrollees from
a list of participating providers. Enrollees also must be
permitted to change primary care providers at any time with
the change becoming effective no later than the beginning of
the month following the enrollee’s request for the change.
(3) Each carrier must have a process whereby an
enrollee with a complex or serious medical or psychiatric
condition may receive a standing referral to a participating
specialist for an extended period of time.
(4) Each carrier must provide for appropriate and timely
referral of enrollees to a choice of specialists within the plan
if specialty care is warranted. If the type of medical
specialist needed for a specific condition is not represented
on the specialty panel, enrollees must have access to nonparticipating specialty health care providers.
(5) Each carrier shall provide enrollees with direct
access to the participating chiropractor of the enrollee’s
choice for covered chiropractic health care without the
necessity of prior referral. Nothing in this subsection shall
prevent carriers from restricting enrollees to seeing only
providers who have signed participating provider agreements
or from utilizing other managed care and cost containment
techniques and processes. For purposes of this subsection,
"covered chiropractic health care" means covered benefits
and limitations related to chiropractic health services as
stated in the plan’s medical coverage agreement, with the
exception of any provisions related to prior referral for
services.
(6) Each carrier must provide, upon the request of an
enrollee, access by the enrollee to a second opinion regarding any medical diagnosis or treatment plan from a qualified
participating provider of the enrollee’s choice.
(7) Each carrier must cover services of a primary care
provider whose contract with the plan or whose contract with
a subcontractor is being terminated by the plan or subcontractor without cause under the terms of that contract for at
least sixty days following notice of termination to the
enrollees or, in group coverage arrangements involving
periods of open enrollment, only until the end of the next
open enrollment period. The provider’s relationship with the
carrier or subcontractor must be continued on the same terms
and conditions as those of the contract the plan or subcontractor is terminating, except for any provision requiring that
the carrier assign new enrollees to the terminated provider.
(8) Every carrier shall meet the standards set forth in
this section and any rules adopted by the commissioner to
implement this section. In developing rules to implement
this section, the commissioner shall consider relevant
standards adopted by national managed care accreditation
organizations and state agencies that purchase managed
health care services. [2000 c 5 § 7.]
(2002 Ed.)
Application—Short title—Captions not law—Construction—
Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
48.43.525 Prohibition against retrospective denial of
health plan coverage—Rules. (1) A health carrier that
offers a health plan shall not retrospectively deny coverage
for emergency and nonemergency care that had prior
authorization under the plan’s written policies at the time the
care was rendered.
(2) The commissioner shall adopt, in rule, standards for
this section after considering relevant standards adopted by
national managed care accreditation organizations and state
agencies that purchase managed health care services. [2000
c 5 § 9.]
Application—Short title—Captions not law—Construction—
Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
48.43.530 Requirement for carriers to have a
comprehensive grievance process—Carrier’s duties—
Procedures—Appeals—Rules. (1) Each carrier that offers
a health plan must have a fully operational, comprehensive
grievance process that complies with the requirements of this
section and any rules adopted by the commissioner to
implement this section. For the purposes of this section, the
commissioner shall consider grievance process standards
adopted by national managed care accreditation organizations
and state agencies that purchase managed health care
services.
(2) Each carrier must process as a complaint an
enrollee’s expression of dissatisfaction about customer
service or the quality or availability of a health service.
Each carrier must implement procedures for registering and
responding to oral and written complaints in a timely and
thorough manner.
(3) Each carrier must provide written notice to an
enrollee or the enrollee’s designated representative, and the
enrollee’s provider, of its decision to deny, modify, reduce,
or terminate payment, coverage, authorization, or provision
[Title 48 RCW—page 275]
48.43.530
Title 48 RCW: Insurance
of health care services or benefits, including the admission
to or continued stay in a health care facility.
(4) Each carrier must process as an appeal an enrollee’s
written or oral request that the carrier reconsider: (a) Its
resolution of a complaint made by an enrollee; or (b) its
decision to deny, modify, reduce, or terminate payment, coverage, authorization, or provision of health care services or
benefits, including the admission to, or continued stay in, a
health care facility. A carrier must not require that an
enrollee file a complaint prior to seeking appeal of a
decision under (b) of this subsection.
(5) To process an appeal, each carrier must:
(a) Provide written notice to the enrollee when the
appeal is received;
(b) Assist the enrollee with the appeal process;
(c) Make its decision regarding the appeal within thirty
days of the date the appeal is received. An appeal must be
expedited if the enrollee’s provider or the carrier’s medical
director reasonably determines that following the appeal
process response timelines could seriously jeopardize the
enrollee’s life, health, or ability to regain maximum function.
The decision regarding an expedited appeal must be made
within seventy-two hours of the date the appeal is received;
(d) Cooperate with a representative authorized in writing
by the enrollee;
(e) Consider information submitted by the enrollee;
(f) Investigate and resolve the appeal; and
(g) Provide written notice of its resolution of the appeal
to the enrollee and, with the permission of the enrollee, to
the enrollee’s providers. The written notice must explain the
carrier’s decision and the supporting coverage or clinical
reasons and the enrollee’s right to request independent
review of the carrier’s decision under RCW 48.43.535.
(6) Written notice required by subsection (3) of this
section must explain:
(a) The carrier’s decision and the supporting coverage
or clinical reasons; and
(b) The carrier’s appeal process, including information,
as appropriate, about how to exercise the enrollee’s rights to
obtain a second opinion, and how to continue receiving
services as provided in this section.
(7) When an enrollee requests that the carrier reconsider
its decision to modify, reduce, or terminate an otherwise
covered health service that an enrollee is receiving through
the health plan and the carrier’s decision is based upon a
finding that the health service, or level of health service, is
no longer medically necessary or appropriate, the carrier
must continue to provide that health service until the appeal
is resolved. If the resolution of the appeal or any review
sought by the enrollee under RCW 48.43.535 affirms the
carrier’s decision, the enrollee may be responsible for the
cost of this continued health service.
(8) Each carrier must provide a clear explanation of the
grievance process upon request, upon enrollment to new
enrollees, and annually to enrollees and subcontractors.
(9) Each carrier must ensure that the grievance process
is accessible to enrollees who are limited English speakers,
who have literacy problems, or who have physical or mental
disabilities that impede their ability to file a grievance.
(10) Each carrier must: Track each appeal until final
resolution; maintain, and make accessible to the commission[Title 48 RCW—page 276]
er for a period of three years, a log of all appeals; and
identify and evaluate trends in appeals. [2000 c 5 § 10.]
Application—Short title—Captions not law—Construction—
Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
48.43.535 Independent review of health care
disputes—System for using certified independent review
organizations—Rules. (1) There is a need for a process for
the fair consideration of disputes relating to decisions by
carriers that offer a health plan to deny, modify, reduce, or
terminate coverage of or payment for health care services for
an enrollee.
(2) An enrollee may seek review by a certified independent review organization of a carrier’s decision to deny,
modify, reduce, or terminate coverage of or payment for a
health care service, after exhausting the carrier’s grievance
process and receiving a decision that is unfavorable to the
enrollee, or after the carrier has exceeded the timelines for
grievances provided in RCW 48.43.530, without good cause
and without reaching a decision.
(3) The commissioner must establish and use a rotational registry system for the assignment of a certified independent review organization to each dispute. The system should
be flexible enough to ensure that an independent review
organization has the expertise necessary to review the
particular medical condition or service at issue in the dispute.
(4) Carriers must provide to the appropriate certified
independent review organization, not later than the third
business day after the date the carrier receives a request for
review, a copy of:
(a) Any medical records of the enrollee that are relevant
to the review;
(b) Any documents used by the carrier in making the
determination to be reviewed by the certified independent
review organization;
(c) Any documentation and written information submitted to the carrier in support of the appeal; and
(d) A list of each physician or health care provider who
has provided care to the enrollee and who may have medical
records relevant to the appeal. Health information or other
confidential or proprietary information in the custody of a
carrier may be provided to an independent review organization, subject to rules adopted by the commissioner.
(5) The medical reviewers from a certified independent
review organization will make determinations regarding the
medical necessity or appropriateness of, and the application
of health plan coverage provisions to, health care services
for an enrollee. The medical reviewers’ determinations must
be based upon their expert medical judgment, after consideration of relevant medical, scientific, and cost-effectiveness
evidence, and medical standards of practice in the state of
Washington. Except as provided in this subsection, the
certified independent review organization must ensure that
determinations are consistent with the scope of covered
benefits as outlined in the medical coverage agreement.
Medical reviewers may override the health plan’s medical
necessity or appropriateness standards if the standards are
determined upon review to be unreasonable or inconsistent
with sound, evidence-based medical practice.
(6) Once a request for an independent review determination has been made, the independent review organization
(2002 Ed.)
Insurance Reform
must proceed to a final determination, unless requested
otherwise by both the carrier and the enrollee or the
enrollee’s representative.
(7) Carriers must timely implement the certified independent review organization’s determination, and must pay
the certified independent review organization’s charges.
(8) When an enrollee requests independent review of a
dispute under this section, and the dispute involves a
carrier’s decision to modify, reduce, or terminate an otherwise covered health service that an enrollee is receiving at
the time the request for review is submitted and the carrier’s
decision is based upon a finding that the health service, or
level of health service, is no longer medically necessary or
appropriate, the carrier must continue to provide the health
service if requested by the enrollee until a determination is
made under this section. If the determination affirms the
carrier’s decision, the enrollee may be responsible for the
cost of the continued health service.
(9) A certified independent review organization may
notify the office of the insurance commissioner if, based
upon its review of disputes under this section, it finds a
pattern of substandard or egregious conduct by a carrier.
(10)(a) The commissioner shall adopt rules to implement
this section after considering relevant standards adopted by
national managed care accreditation organizations.
(b) This section is not intended to supplant any existing
authority of the office of the insurance commissioner under
this title to oversee and enforce carrier compliance with
applicable statutes and rules. [2000 c 5 § 11.]
Application—Short title—Captions not law—Construction—
Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
48.43.540 Requirement to designate a licensed
medical director—Exemption. Any carrier that offers a
health plan and any self-insured health plan subject to the
jurisdiction of Washington state shall designate a medical
director who is licensed under chapter 18.57 or 18.71 RCW.
However, a naturopathic or complementary alternative health
plan, which provides solely complementary alternative health
care to individuals, groups, or health plans, may have a
medical director licensed under chapter 18.36A RCW. A
carrier that offers dental only coverage shall designate a
dental director who is licensed under chapter 18.32 RCW, or
licensed in a state that has been determined by the dental
quality assurance commission to have substantially equivalent licensing standards to those of Washington. A health
plan or self-insured health plan that offers only religious
nonmedical treatment or religious nonmedical nursing care
shall not be required to have a medical director. [2002 c
103 § 1; 2000 c 5 § 13.]
Application—Short title—Captions not law—Construction—
Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
48.43.545 Standard of care—Liability—Causes of
action—Defense—Exception. (1)(a) A health carrier shall
adhere to the accepted standard of care for health care providers under chapter 7.70 RCW when arranging for the
provision of medically necessary health care services to its
enrollees. A health carrier shall be liable for any and all
harm proximately caused by its failure to follow that stan(2002 Ed.)
48.43.535
dard of care when the failure resulted in the denial, delay, or
modification of the health care service recommended for, or
furnished to, an enrollee.
(b) A health carrier is also liable for damages under (a)
of this subsection for harm to an enrollee proximately caused
by health care treatment decisions that result from a failure
to follow the accepted standard of care made by its:
(i) Employees;
(ii) Agents; or
(iii) Ostensible agents who are acting on its behalf and
over whom it has the right to exercise influence or control
or has actually exercised influence or control.
(2) The provisions of this section may not be waived,
shifted, or modified by contract or agreement and responsibility for the provisions shall be a duty that cannot be
delegated. Any effort to waive, modify, delegate, or shift
liability for a breach of the duty established by this section,
through a contract for indemnification or otherwise, is
invalid.
(3) This section does not create any new cause of
action, or eliminate any presently existing cause of action,
with respect to health care providers and health care facilities
that are included in and subject to the provisions of chapter
7.70 RCW.
(4) It is a defense to any action or liability asserted
under this section against a health carrier that:
(a) The health care service in question is not a benefit
provided under the plan or the service is subject to limitations under the plan that have been exhausted;
(b) Neither the health carrier, nor any employee, agent,
or ostensible agent for whose conduct the health carrier is
liable under subsection (1)(b) of this section, controlled,
influenced, or participated in the health care decision; or
(c) The health carrier did not deny or unreasonably
delay payment for treatment prescribed or recommended by
a participating health care provider for the enrollee.
(5) This section does not create any liability on the part
of an employer, an employer group purchasing organization
that purchases coverage or assumes risk on behalf of its
employers, or a governmental agency that purchases coverage on behalf of individuals and families. The governmental
entity established to offer and provide health insurance to
public employees, public retirees, and their covered dependents under RCW 41.05.140 is subject to liability under this
section.
(6) Nothing in any law of this state prohibiting a health
carrier from practicing medicine or being licensed to practice
medicine may be asserted as a defense by the health carrier
in an action brought against it under this section.
(7)(a) A person may not maintain a cause of action
under this section against a health carrier unless:
(i) The affected enrollee has suffered substantial harm.
As used in this subsection, "substantial harm" means loss of
life, loss or significant impairment of limb, bodily or
cognitive function, significant disfigurement, or severe or
chronic physical pain; and
(ii) The affected enrollee or the enrollee’s representative
has exercised the opportunity established in RCW 48.43.535
to seek independent review of the health care treatment
decision.
(b) This subsection (7) does not prohibit an enrollee
from pursuing other appropriate remedies, including injunc[Title 48 RCW—page 277]
48.43.545
Title 48 RCW: Insurance
tive relief, a declaratory judgment, or other relief available
under law, if its requirements place the enrollee’s health in
serious jeopardy.
(8) In an action against a health carrier, a finding that
a health care provider is an employee, agent, or ostensible
agent of such a health carrier shall not be based solely on
proof that the person’s name appears in a listing of approved
physicians or health care providers made available to
enrollees under a health plan.
(9) Any action under this section shall be commenced
within three years of the completion of the independent
review process.
(10) This section does not apply to workers’ compensation insurance under Title 51 RCW. [2000 c 5 § 17.]
Application—Short title—Captions not law—Construction—
Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
48.43.550 Delegation of duties—Carrier accountability. Each carrier is accountable for and must oversee
any activities required by chapter 5, Laws of 2000 that it
delegates to any subcontractor. No contract with a subcontractor executed by the health carrier or the subcontractor
may relieve the health carrier of its obligations to any
enrollee for the provision of health care services or of its
responsibility for compliance with statutes or rules. [2000
c 5 § 18.]
Application—Short title—Captions not law—Construction—
Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
48.43.901 Captions not law—1996 c 312. Captions
used in this act do not constitute part of the law. [1996 c
312 § 6.]
48.44.024
48.44.026
48.44.030
48.44.033
48.44.035
48.44.037
48.44.039
48.44.040
48.44.050
48.44.055
48.44.057
48.44.060
48.44.070
48.44.080
48.44.090
48.44.095
48.44.100
48.44.110
48.44.120
48.44.130
48.44.140
48.44.145
48.44.150
48.44.160
48.44.164
48.44.166
48.43.902 Effective date—1996 c 312. This act shall
take effect July 1, 1996. [1996 c 312 § 8.]
48.44.170
48.44.180
48.44.200
48.43.903 Severability—1998 c 241. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1998 c 241 § 17.]
48.44.210
Chapter 48.44
HEALTH CARE SERVICES
48.44.220
48.44.225
48.44.230
Sections
48.44.010
48.44.011
48.44.013
48.44.015
48.44.017
48.44.020
48.44.022
48.44.023
Definitions.
Agent—Definition—License required—Application, issuance, renewal, fees—Penalties involving license.
Filings with secretary of state—Copy for commissioner.
Registration by health care service contractors required—
Penalty.
Schedule of rates for individual contracts—Loss ratio—
Remittance of premiums—Definitions.
Contracts for services—Examination of contract forms by
commissioner—Grounds for disapproval—Liability of
participant.
Calculation of premiums—Adjusted community rate—
Definitions.
Mandatory offering providing basic health plan benefits for
employers with fewer than twenty-five employees—
Exemption from statutory requirements—Premium
[Title 48 RCW—page 278]
48.44.212
48.44.240
48.44.241
48.44.245
48.44.250
48.44.260
48.44.270
48.44.290
48.44.299
48.44.300
48.44.309
48.44.310
48.44.315
rates—Requirements for providing coverage for small
employers.
Requirements for plans offered to small employers—
Definitions.
Payment for certain health care services.
Underwriting of indemnity by insurance policy, bond, securities, or cash deposit.
Financial failure—Supervision of commissioner—Priority of
distribution of assets.
Limited health care service—Uncovered expenditures—
Minimum net worth requirements.
Minimum net worth—Requirement to maintain—
Determination of amount.
Minimum net worth—Domestic or foreign health care service contractor.
Registration with commissioner—Fee.
Rules and regulations.
Plan for handling insolvency—Commissioner’s review.
Insolvency—Commissioner’s duties—Participants’ options—
Allocation of coverage.
Penalty.
Contracts to be filed with commissioner.
Master lists of contractor’s participating providers—Filing
with commissioner—Notice of termination or participation.
Refusal to register corporate, etc., contractor if name confusing with existing contractor or insurance company.
Annual financial statement—Filings—Contents—Fee—
Penalty for failure to file.
Filing inaccurate financial statement prohibited.
False representation, advertising.
Misrepresentations of contract terms, benefits, etc.
Future dividends or refunds—When permissible.
Misleading comparisons to terminate or retain contract.
Examination of contractors—Duties of contractor, powers of
commissioner—Independent audit reports.
Certificate of registration not an endorsement—Display in
solicitation prohibited.
Revocation, suspension, refusal of registration—Hearing—
Cease and desist orders, injunctive action—Grounds.
Notice of suspension, revocation, or refusal to be given
contractor—Authority of agents.
Fine in addition to or in lieu of suspension, revocation, or
refusal.
Hearings and appeals.
Enforcement.
Individual health care service plan contracts—Coverage of
dependent child not to terminate because of developmental disability or physical handicap.
Group health care service plan contracts—Coverage of dependent child not to terminate because of developmental
disability or physical handicap.
Coverage of dependent children to include newborn infants
and congenital anomalies from moment of birth—
Notification period.
Discrimination prohibited.
Podiatrists not excluded.
Individual health service plan contract—Return within ten
days of delivery—Refunds—Void from beginning—
Notice required.
Chemical dependency benefits—Provisions of group contracts delivered or renewed after January 1, 1988.
Chemical dependency benefits—RCW 48.21.160 through
48.21.190, 48.44.240 inapplicable, when.
"Chemical dependency" defined.
Payment of premium by employee in event of suspension of
compensation due to labor dispute.
Notice of reason for cancellation, denial, or refusal to renew
contract.
Immunity from libel or slander.
Registered nurses or advanced registered nurses.
Legislative finding.
Podiatry—Benefits not to be denied.
Legislative finding.
Chiropractic care, coverage required, exceptions.
Diabetes coverage.
(2002 Ed.)
Health Care Services
48.44.320
Home health care, hospice care, optional coverage required—Standards, limitations, restrictions—Rules—
Medicare supplemental contracts excluded.
48.44.325 Mammograms—Insurance coverage.
48.44.330 Reconstructive breast surgery.
48.44.335 Mastectomy, lumpectomy.
48.44.340 Mental health treatment, optional supplemental coverage—
Waiver.
48.44.342 Mental health treatment—Waiver of preauthorization for
persons involuntarily committed.
48.44.344 Benefits for prenatal diagnosis of congenital disorders—
Contracts entered into or renewed on or after January 1,
1990.
48.44.350 Financial interests of health care service contractors, restricted—Exceptions, regulations.
48.44.360 Continuation option to be offered.
48.44.370 Conversion contract to be offered—Exceptions, conditions.
48.44.380 Conversion contract—Restrictions and requirements.
48.44.390 Modification of basis of agreement, endorsement required.
48.44.400 Continuance provisions for former family members.
48.44.420 Coverage for adopted children.
48.44.430 Cancellation of rider.
48.44.440 Phenylketonuria.
48.44.450 Neurodevelopmental therapies—Employer-sponsored group
contracts.
48.44.460 Temporomandibular joint disorders—Insurance coverage.
48.44.465 Prescriptions—Preapproval of individual claims—
Subsequent rejection prohibited—Written record required.
48.44.470 Nonresident pharmacies.
48.44.500 Denturist services.
48.44.530 Disclosure of certain material transactions—Report—
Information is confidential.
48.44.535 Material acquisitions or dispositions.
48.44.540 Asset acquisitions—Asset dispositions.
48.44.545 Report of a material acquisition or disposition of assets—
Information required.
48.44.550 Material nonrenewals, cancellations, or revisions of ceded
reinsurance agreements.
48.44.555 Report of a material nonrenewal, cancellation, or revision of
ceded reinsurance agreements—Information required.
Agents of health care service contractors, additional regulations applicable:
RCW 48.17.065.
48.44.010 Definitions. For the purposes of this
chapter:
(1) "Health care services" means and includes medical,
surgical, dental, chiropractic, hospital, optometric, podiatric,
pharmaceutical, ambulance, custodial, mental health, and
other therapeutic services.
(2) "Provider" means any health professional, hospital,
or other institution, organization, or person that furnishes
health care services and is licensed to furnish such services.
(3) "Health care service contractor" means any corporation, cooperative group, or association, which is sponsored
by or otherwise intimately connected with a provider or
group of providers, who or which not otherwise being
engaged in the insurance business, accepts prepayment for
health care services from or for the benefit of persons or
groups of persons as consideration for providing such
persons with any health care services.
(4) "Participating provider" means a provider, who or
which has contracted in writing with a health care service
contractor to accept payment from and to look solely to such
contractor according to the terms of the subscriber contract
for any health care services rendered to a person who has
previously paid, or on whose behalf prepayment has been
made, to such contractor for such services.
(2002 Ed.)
Chapter 48.44
(5) "Enrolled participant" means a person or group of
persons who have entered into a contractual arrangement or
on whose behalf a contractual arrangement has been entered
into with a health care service contractor to receive health
care services.
(6) "Commissioner" means the insurance commissioner.
(7) "Uncovered expenditures" means the costs to the
health care service contractor for health care services that are
the obligation of the health care service contractor for which
an enrolled participant would also be liable in the event of
the health care service contractor’s insolvency and for which
no alternative arrangements have been made as provided
herein. The term does not include expenditures for covered
services when a provider has agreed not to bill the enrolled
participant even though the provider is not paid by the health
care service contractor, or for services that are guaranteed,
insured or assumed by a person or organization other than
the health care service contractor.
(8) "Copayment" means an amount specified in a group
or individual contract which is an obligation of an enrolled
participant for a specific service which is not fully prepaid.
(9) "Deductible" means the amount an enrolled participant is responsible to pay before the health care service
contractor begins to pay the costs associated with treatment.
(10) "Group contract" means a contract for health care
services which by its terms limits eligibility to members of
a specific group. The group contract may include coverage
for dependents.
(11) "Individual contract" means a contract for health
care services issued to and covering an individual. An
individual contract may include dependents.
(12) "Carrier" means a health maintenance organization,
an insurer, a health care service contractor, or other entity
responsible for the payment of benefits or provision of
services under a group or individual contract.
(13) "Replacement coverage" means the benefits
provided by a succeeding carrier.
(14) "Insolvent" or "insolvency" means that the organization has been declared insolvent and is placed under an
order of liquidation by a court of competent jurisdiction.
(15) "Fully subordinated debt" means those debts that
meet the requirements of RCW 48.44.037(3) and are
recorded as equity.
(16) "Net worth" means the excess of total admitted
assets as defined in RCW 48.12.010 over total liabilities but
the liabilities shall not include fully subordinated debt.
[1990 c 120 § 1; 1986 c 223 § 1. Prior: 1983 c 286 § 3;
1983 c 154 § 3; 1980 c 102 § 10; 1965 c 87 § 1; 1961 c 197
§ 1; 1947 c 268 § 1; Rem. Supp. 1947 § 6131-10.]
Severability—1983 c 286: See note following RCW 48.44.309.
Severability—1983 c 154: See note following RCW 48.44.299.
48.44.011 Agent—Definition—License required—
Application, issuance, renewal, fees—Penalties involving
license. (1) Agent, as used in this chapter, means any
person appointed or authorized by a health care service
contractor to solicit applications for health care service
contracts on its behalf.
(2) No person shall act as or hold himself out to be an
agent of a health care service contractor unless licensed as
a disability insurance agent by this state and appointed by
[Title 48 RCW—page 279]
48.44.011
Title 48 RCW: Insurance
the health care service contractor on whose behalf solicitations are to be made.
(3) Applications, appointments, and qualifications for licenses, the renewal thereof, the fees and issuance of a
license, and the renewal thereof shall be in accordance with
the provisions of chapter 48.17 RCW that are applicable to
a disability insurance agent.
(4) A person holding a valid license in this state as a
health care service contractor agent on July 24, 1983, is not
required to requalify by an examination for the renewal of
the license.
(5) The commissioner may revoke, suspend, or refuse to
issue or renew any agent’s license, or levy a fine upon the
licensee, in accordance with those provisions of chapter
48.17 RCW that are applicable to a disability insurance
agent. [1983 c 202 § 1; 1969 c 115 § 7.]
48.44.013 Filings with secretary of state—Copy for
commissioner. Health care service contractors and limited
health care service contractors shall send a copy specifically
for the office of the insurance commissioner to the secretary
of state of any corporate document required to be filed in the
office of the secretary of state, including articles of incorporation and bylaws, and any amendments thereto. The
copy specifically provided for the office of the insurance
commissioner shall be in addition to the copies required by
the secretary of state and shall clearly indicate on the copy
that it is for delivery to the office of the insurance commissioner. [1998 c 23 § 16.]
48.44.015 Registration by health care service
contractors required—Penalty. (1) No person shall in this
state, by mail or otherwise, act as or hold himself out to be
a health care service contractor, as defined in RCW
48.44.010 without being duly registered therefor with the
commissioner.
(2) The issuance, sale or offer for sale in this state of
securities of its own issue by any health care service
contractor domiciled in this state other than the memberships
and bonds of a nonprofit corporation shall be subject to the
provisions of chapter 48.06 RCW relating to obtaining
solicitation permits the same as if health care service
contractors were domestic insurers.
(3) Any person violating any provision of subsection (1)
or (2) of this section shall be liable to a fine of not to exceed
one thousand dollars and imprisonment for not to exceed six
months for each instance of such violation. [1983 c 202 §
2; 1969 c 115 § 6.]
48.44.017 Schedule of rates for individual contracts—Loss ratio—Remittance of premiums—
Definitions. (1) The definitions in this subsection apply
throughout this section unless the context clearly requires
otherwise.
(a) "Claims" means the cost to the health care service
contractor of health care services, as defined in RCW
48.43.005, provided to a contract holder or paid to or on
behalf of a contract holder in accordance with the terms of
a health benefit plan, as defined in RCW 48.43.005. This
includes capitation payments or other similar payments made
[Title 48 RCW—page 280]
to providers for the purpose of paying for health care
services for an enrollee.
(b) "Claims reserves" means: (i) The liability for claims
which have been reported but not paid; (ii) the liability for
claims which have not been reported but which may reasonably be expected; (iii) active life reserves; and (iv) additional
claims reserves whether for a specific liability purpose or
not.
(c) "Earned premiums" means premiums, as defined in
RCW 48.43.005, plus any rate credits or recoupments less
any refunds, for the applicable period, whether received
before, during, or after the applicable period.
(d) "Incurred claims expense" means claims paid during
the applicable period plus any increase, or less any decrease,
in the claims reserves.
(e) "Loss ratio" means incurred claims expense as a
percentage of earned premiums.
(f) "Reserves" means: (i) Active life reserves; and (ii)
additional reserves whether for a specific liability purpose or
not.
(2) A health care service contractor shall file, for
informational purposes only, a notice of its schedule of rates
for its individual contracts with the commissioner prior to
use.
(3) A health care service contractor shall file with the
notice required under subsection (2) of this section supporting documentation of its method of determining the rates
charged. The commissioner may request only the following
supporting documentation:
(a) A description of the health care service contractor’s
rate-making methodology;
(b) An actuarially determined estimate of incurred
claims which includes the experience data, assumptions, and
justifications of the health care service contractor’s projection;
(c) The percentage of premium attributable in aggregate
for nonclaims expenses used to determine the adjusted
community rates charged; and
(d) A certification by a member of the American
academy of actuaries, or other person approved by the
commissioner, that the adjusted community rate charged can
be reasonably expected to result in a loss ratio that meets or
exceeds the loss ratio standard established in subsection (7)
of this section.
(4) The commissioner may not disapprove or otherwise
impede the implementation of the filed rates.
(5) By the last day of May each year any health care
service contractor issuing or renewing individual health
benefit plans in this state during the preceding calendar year
shall file for review by the commissioner supporting documentation of its actual loss ratio for its individual health
benefit plans offered or renewed in this state in aggregate for
the preceding calendar year. The filing shall include
aggregate earned premiums, aggregate incurred claims, and
a certification by a member of the American academy of
actuaries, or other person approved by the commissioner,
that the actual loss ratio has been calculated in accordance
with accepted actuarial principles.
(a) At the expiration of a thirty-day period beginning
with the date the filing is received by the commissioner, the
filing shall be deemed approved unless prior thereto the
commissioner contests the calculation of the actual loss ratio.
(2002 Ed.)
Health Care Services
(b) If the commissioner contests the calculation of the
actual loss ratio, the commissioner shall state in writing the
grounds for contesting the calculation to the health care
service contractor.
(c) Any dispute regarding the calculation of the actual
loss ratio shall upon written demand of either the commissioner or the health care service contractor be submitted to
hearing under chapters 48.04 and 34.05 RCW.
(6) If the actual loss ratio for the preceding calendar
year is less than the loss ratio standard established in
subsection (7) of this section, a remittance is due and the
following shall apply:
(a) The health care service contractor shall calculate a
percentage of premium to be remitted to the Washington
state health insurance pool by subtracting the actual loss
ratio for the preceding year from the loss ratio established in
subsection (7) of this section.
(b) The remittance to the Washington state health
insurance pool is the percentage calculated in (a) of this
subsection, multiplied by the premium earned from each
enrollee in the previous calendar year. Interest shall be
added to the remittance due at a five percent annual rate
calculated from the end of the calendar year for which the
remittance is due to the date the remittance is made.
(c) All remittances shall be aggregated and such
amounts shall be remitted to the Washington state high risk
pool to be used as directed by the pool board of directors.
(d) Any remittance required to be issued under this
section shall be issued within thirty days after the actual loss
ratio is deemed approved under subsection (5)(a) of this
section or the determination by an administrative law judge
under subsection (5)(c) of this section.
(7) The loss ratio applicable to this section shall be
seventy-four percent minus the premium tax rate applicable
to the health care service contractor’s individual health
benefit plans under RCW 48.14.0201. [2001 c 196 § 11;
2000 c 79 § 29.]
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.44.020 Contracts for services—Examination of
contract forms by commissioner—Grounds for disapproval—Liability of participant. (1) Any health care
service contractor may enter into contracts with or for the
benefit of persons or groups of persons which require
prepayment for health care services by or for such persons
in consideration of such health care service contractor
providing one or more health care services to such persons
and such activity shall not be subject to the laws relating to
insurance if the health care services are rendered by the
health care service contractor or by a participating provider.
(2) The commissioner may on examination, subject to
the right of the health care service contractor to demand and
receive a hearing under chapters 48.04 and 34.05 RCW,
disapprove any individual or group contract form for any of
the following grounds:
(a) If it contains or incorporates by reference any
inconsistent, ambiguous or misleading clauses, or exceptions
and conditions which unreasonably or deceptively affect the
(2002 Ed.)
48.44.017
risk purported to be assumed in the general coverage of the
contract; or
(b) If it has any title, heading, or other indication of its
provisions which is misleading; or
(c) If purchase of health care services thereunder is
being solicited by deceptive advertising; or
(d) If it contains unreasonable restrictions on the
treatment of patients; or
(e) If it violates any provision of this chapter; or
(f) If it fails to conform to minimum provisions or
standards required by regulation made by the commissioner
pursuant to chapter 34.05 RCW; or
(g) If any contract for health care services with any state
agency, division, subdivision, board, or commission or with
any political subdivision, municipal corporation, or quasimunicipal corporation fails to comply with state law.
(3) In addition to the grounds listed in subsection (2) of
this section, the commissioner may disapprove any group
contract if the benefits provided therein are unreasonable in
relation to the amount charged for the contract.
(4)(a) Every contract between a health care service
contractor and a participating provider of health care services
shall be in writing and shall state that in the event the health
care service contractor fails to pay for health care services
as provided in the contract, the enrolled participant shall not
be liable to the provider for sums owed by the health care
service contractor. Every such contract shall provide that
this requirement shall survive termination of the contract.
(b) No participating provider, agent, trustee, or assignee
may maintain any action against an enrolled participant to
collect sums owed by the health care service contractor.
[2000 c 79 § 28; 1990 c 120 § 5; 1986 c 223 § 2; 1985 c
283 § 1; 1983 c 286 § 4; 1973 1st ex.s. c 65 § 1; 1969 c
115 § 1; 1961 c 197 § 2; 1947 c 268 § 2; Rem. Supp. 1947
§ 6131-11.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Severability—1983 c 286: See note following RCW 48.44.309.
48.44.022 Calculation of premiums—Adjusted
community rate—Definitions. (1) Premium rates for health
benefit plans for individuals shall be subject to the following
provisions:
(a) The health care service contractor shall develop its
rates based on an adjusted community rate and may only
vary the adjusted community rate for:
(i) Geographic area;
(ii) Family size;
(iii) Age;
(iv) Tenure discounts; and
(v) Wellness activities.
(b) The adjustment for age in (a)(iii) of this subsection
may not use age brackets smaller than five-year increments
which shall begin with age twenty and end with age sixtyfive. Individuals under the age of twenty shall be treated as
those age twenty.
(c) The health care service contractor shall be permitted
to develop separate rates for individuals age sixty-five or
older for coverage for which medicare is the primary payer
and coverage for which medicare is not the primary payer.
[Title 48 RCW—page 281]
48.44.022
Title 48 RCW: Insurance
Both rates shall be subject to the requirements of this
subsection.
(d) The permitted rates for any age group shall be no
more than four hundred twenty-five percent of the lowest
rate for all age groups on January 1, 1996, four hundred
percent on January 1, 1997, and three hundred seventy-five
percent on January 1, 2000, and thereafter.
(e) A discount for wellness activities shall be permitted
to reflect actuarially justified differences in utilization or cost
attributed to such programs not to exceed twenty percent.
(f) The rate charged for a health benefit plan offered
under this section may not be adjusted more frequently than
annually except that the premium may be changed to reflect:
(i) Changes to the family composition;
(ii) Changes to the health benefit plan requested by the
individual; or
(iii) Changes in government requirements affecting the
health benefit plan.
(g) For the purposes of this section, a health benefit plan
that contains a restricted network provision shall not be
considered similar coverage to a health benefit plan that does
not contain such a provision, provided that the restrictions of
benefits to network providers result in substantial differences
in claims costs. This subsection does not restrict or enhance
the portability of benefits as provided in RCW 48.43.015.
(h) A tenure discount for continuous enrollment in the
health plan of two years or more may be offered, not to
exceed ten percent.
(2) Adjusted community rates established under this
section shall pool the medical experience of all individuals
purchasing coverage, and shall not be required to be pooled
with the medical experience of health benefit plans offered
to small employers under RCW 48.44.023.
(3) As used in this section and RCW 48.44.023 "health
benefit plan," "small employer," "adjusted community rates,"
and "wellness activities" mean the same as defined in RCW
48.43.005. [2000 c 79 § 30; 1997 c 231 § 208; 1995 c 265
§ 15.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
48.44.023 Mandatory offering providing basic
health plan benefits for employers with fewer than
twenty-five employees—Exemption from statutory
requirements—Premium rates—Requirements for
providing coverage for small employers. (1)(a) A health
care services contractor offering any health benefit plan to a
small employer shall offer and actively market to the small
employer a health benefit plan providing benefits identical to
the schedule of covered health services that are required to
be delivered to an individual enrolled in the basic health
plan. Nothing in this subsection shall preclude a contractor
from offering, or a small employer from purchasing, other
health benefit plans that may have more or less comprehensive benefits than the basic health plan, provided such plans
are in accordance with this chapter. A contractor offering a
health benefit plan that does not include benefits in the basic
[Title 48 RCW—page 282]
health plan shall clearly disclose these differences to the
small employer in a brochure approved by the commissioner.
(b) A health benefit plan shall provide coverage for
hospital expenses and services rendered by a physician
licensed under chapter 18.57 or 18.71 RCW but is not subject to the requirements of RCW 48.44.225, 48.44.240,
48.44.245, 48.44.290, 48.44.300, 48.44.310, 48.44.320,
48.44.325, 48.44.330, 48.44.335, 48.44.340, 48.44.344,
48.44.360, 48.44.400, 48.44.440, 48.44.450, and 48.44.460
if: (i) The health benefit plan is the mandatory offering
under (a) of this subsection that provides benefits identical
to the basic health plan, to the extent these requirements
differ from the basic health plan; or (ii) the health benefit
plan is offered to employers with not more than twenty-five
employees.
(2) Nothing in this section shall prohibit a health care
service contractor from offering, or a purchaser from
seeking, benefits in excess of the basic health plan services.
All forms, policies, and contracts shall be submitted for
approval to the commissioner, and the rates of any plan
offered under this section shall be reasonable in relation to
the benefits thereto.
(3) Premium rates for health benefit plans for small
employers as defined in this section shall be subject to the
following provisions:
(a) The contractor shall develop its rates based on an
adjusted community rate and may only vary the adjusted
community rate for:
(i) Geographic area;
(ii) Family size;
(iii) Age; and
(iv) Wellness activities.
(b) The adjustment for age in (a)(iii) of this subsection
may not use age brackets smaller than five-year increments,
which shall begin with age twenty and end with age sixtyfive. Employees under the age of twenty shall be treated as
those age twenty.
(c) The contractor shall be permitted to develop separate
rates for individuals age sixty-five or older for coverage for
which medicare is the primary payer and coverage for which
medicare is not the primary payer. Both rates shall be
subject to the requirements of this subsection (3).
(d) The permitted rates for any age group shall be no
more than four hundred twenty-five percent of the lowest
rate for all age groups on January 1, 1996, four hundred
percent on January 1, 1997, and three hundred seventy-five
percent on January 1, 2000, and thereafter.
(e) A discount for wellness activities shall be permitted
to reflect actuarially justified differences in utilization or cost
attributed to such programs not to exceed twenty percent.
(f) The rate charged for a health benefit plan offered
under this section may not be adjusted more frequently than
annually except that the premium may be changed to reflect:
(i) Changes to the enrollment of the small employer;
(ii) Changes to the family composition of the employee;
(iii) Changes to the health benefit plan requested by the
small employer; or
(iv) Changes in government requirements affecting the
health benefit plan.
(g) Rating factors shall produce premiums for identical
groups that differ only by the amounts attributable to plan
(2002 Ed.)
Health Care Services
design, with the exception of discounts for health improvement programs.
(h) For the purposes of this section, a health benefit plan
that contains a restricted network provision shall not be
considered similar coverage to a health benefit plan that does
not contain such a provision, provided that the restrictions of
benefits to network providers result in substantial differences
in claims costs. This subsection does not restrict or enhance
the portability of benefits as provided in RCW 48.43.015.
(i) Adjusted community rates established under this
section shall pool the medical experience of all groups
purchasing coverage.
(4) The health benefit plans authorized by this section
that are lower than the required offering shall not supplant
or supersede any existing policy for the benefit of employees
in this state. Nothing in this section shall restrict the right
of employees to collectively bargain for insurance providing
benefits in excess of those provided herein.
(5)(a) Except as provided in this subsection, requirements used by a contractor in determining whether to
provide coverage to a small employer shall be applied
uniformly among all small employers applying for coverage
or receiving coverage from the carrier.
(b) A contractor shall not require a minimum participation level greater than:
(i) One hundred percent of eligible employees working
for groups with three or less employees; and
(ii) Seventy-five percent of eligible employees working
for groups with more than three employees.
(c) In applying minimum participation requirements with
respect to a small employer, a small employer shall not
consider employees or dependents who have similar existing
coverage in determining whether the applicable percentage
of participation is met.
(d) A contractor may not increase any requirement for
minimum employee participation or modify any requirement
for minimum employer contribution applicable to a small
employer at any time after the small employer has been
accepted for coverage.
(6) A contractor must offer coverage to all eligible
employees of a small employer and their dependents. A
contractor may not offer coverage to only certain individuals
or dependents in a small employer group or to only part of
the group. A contractor may not modify a health plan with
respect to a small employer or any eligible employee or
dependent, through riders, endorsements or otherwise, to
restrict or exclude coverage or benefits for specific diseases,
medical conditions, or services otherwise covered by the
plan. [1995 c 265 § 16; 1990 c 187 § 3.]
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
Finding—Intent—Severability—1990 c 187: See notes following
RCW 48.21.045.
48.44.024 Requirements for plans offered to small
employers—Definitions. (1) No health care service
contractor shall offer any health benefit plan to any small
employer without complying with the provisions of *RCW
48.44.023(5).
(2) Employers purchasing health plans provided through
associations or through member-governed groups formed
specifically for the purpose of purchasing health care shall
(2002 Ed.)
48.44.023
not be considered small employers and such plans shall not
be subject to the provisions of *RCW 48.44.023(5).
(3) For purposes of this section, "health benefit plan,"
"health plan," and "small employer" mean the same as
defined in RCW 48.43.005. [1995 c 265 § 23.]
*Reviser’s note: Reference was inadvertently changed during the bill
drafting process. The correct reference should be RCW 48.44.023(3).
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
48.44.026 Payment for certain health care services.
Checks in payment for claims pursuant to any health care
service contract for health care services provided by persons
licensed or regulated under chapters 18.25, 18.29, 18.30,
18.32, 18.53, 18.57, 18.64, 18.71, 18.73, 18.74, 18.83, or
18.79 RCW, as it applies to registered nurses and advanced
registered nurse practitioners, where the provider is not a
participating provider under a contract with the health care
service contractor, shall be made out to both the provider
and the enrolled participant with the provider as the first
named payee, jointly, to require endorsement by each:
PROVIDED, That payment shall be made in the single name
of the enrolled participant if the enrolled participant as part
of his or her claim furnishes evidence of prepayment to the
health care service provider: AND PROVIDED FURTHER,
That nothing in this section shall preclude a health care service contractor from voluntarily issuing payment in the
single name of the provider. [1999 c 130 § 1; 1994 sp.s. c
9 § 732; 1990 c 120 § 6; 1989 c 122 § 1; 1984 c 283 § 1;
1982 c 168 § 1.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
48.44.030 Underwriting of indemnity by insurance
policy, bond, securities, or cash deposit. If any of the
health care services which are promised in any such agreement are not to be performed by the health care service
contractor, or by a participating provider, such activity shall
not be subject to the laws relating to insurance, provided
provision is made for reimbursement or indemnity of the
persons who have previously paid, or on whose behalf
prepayment has been made, for such services. Such reimbursement or indemnity shall either be underwritten by an
insurance company authorized to write accident, health and
disability insurance in the state or guaranteed by a surety
company authorized to do business in this state, or guaranteed by a deposit of cash or securities eligible for investment
by insurers pursuant to chapter 48.13 RCW, with the
insurance commissioner, as hereinafter provided. If the
reimbursement or indemnity is underwritten by an insurance
company, the contract or policy of insurance may designate
the health care service contractor as the named insured, but
shall be for the benefit of the persons who have previously
paid, or on whose behalf prepayment has been made, for
such health care services. If the reimbursement or indemnity
is guaranteed by a surety company, the surety bond shall
designate the state of Washington as the named obligee, but
shall be for the benefit of the persons who have previously
paid, or on whose behalf prepayment has been made, for
such health care services, and shall be in such amount as the
insurance commissioner shall direct, but in no event in a
sum greater than the amount of one hundred fifty thousand
[Title 48 RCW—page 283]
48.44.030
Title 48 RCW: Insurance
dollars or the amount necessary to cover incurred but unpaid
reimbursement or indemnity benefits as reported in the last
annual statement filed with the insurance commissioner, and
adjusted to reflect known or anticipated increases or decreases during the ensuing year, plus an amount of unearned
prepayments applicable to reimbursement or indemnity
benefits satisfactory to the insurance commissioner, whichever amount is greater. A copy of such insurance policy or
surety bond, as the case may be, and any modification thereof, shall be filed with the insurance commissioner. If the
reimbursement or indemnity is guaranteed by a deposit of
cash or securities, such deposit shall be in such amount as
the insurance commissioner shall direct, but in no event in
a sum greater than the amount of one hundred fifty thousand
dollars or the amount necessary to cover incurred but unpaid
reimbursement or indemnity benefits as reported in the last
annual statement filed with the insurance commissioner, and
adjusted to reflect known or anticipated increases or decreases during the ensuing year, plus an amount of unearned
prepayments applicable to reimbursement or indemnity
benefits satisfactory to the insurance commissioner, whichever amount is greater. Such cash or security deposit shall be
held in trust by the insurance commissioner and shall be for
the benefit of the persons who have previously paid, or on
whose behalf prepayment has been made, for such health
care services. [1990 c 120 § 7; 1986 c 223 § 3; 1981 c 339
§ 22; 1969 c 115 § 2; 1961 c 197 § 3; 1947 c 268 § 3; Rem.
Supp. 1947 § 6131-12.]
48.44.033 Financial failure—Supervision of commissioner—Priority of distribution of assets. (1) Any
rehabilitation, liquidation, or conservation of a health care
service contractor shall be deemed to be the rehabilitation,
liquidation, or conservation of an insurance company and
shall be conducted under the supervision of the commissioner pursuant to the law governing the rehabilitation, liquidation, or conservation of insurance companies. The commissioner may apply for an order directing the commissioner to
rehabilitate, liquidate, or conserve a health care service
contractor upon any one or more grounds set out in RCW
48.31.030, 48.31.050, and 48.31.080.
(2) For purpose of determining the priority of distribution of general assets, claims of enrolled participants and
enrolled participants’ beneficiaries shall have the same
priority as established by RCW 48.31.280 for policyholders
and beneficiaries of insureds of insurance companies. If an
enrolled participant is liable to any provider for services
provided pursuant to and covered by the health care plan,
that liability shall have the status of an enrolled participant
claim for distribution of general assets.
(3) Any provider who is obligated by statute or agreement to hold enrolled participants harmless from liability for
services provided pursuant to and covered by a health care
plan shall have a priority of distribution of the general assets
immediately following that of enrolled participants and
enrolled participants’ beneficiaries as described herein, and
immediately preceding the priority of distribution described
in chapter 48.31 RCW. [1990 c 120 § 2.]
48.44.035 Limited health care service—Uncovered
expenditures—Minimum net worth requirements. (1) For
[Title 48 RCW—page 284]
purposes of this section only, "limited health care service"
means dental care services, vision care services, mental
health services, chemical dependency services, pharmaceutical services, podiatric care services, and such other services
as may be determined by the commissioner to be limited
health services, but does not include hospital, medical,
surgical, emergency, or out-of-area services except as those
services are provided incidentally to the limited health
services set forth in this subsection.
(2) For purposes of this section only, a "limited health
care service contractor" means a health care service contractor that offers one and only one limited health care service.
(3) Except as provided in subsection (4) of this section,
every limited health care service contractor must have and
maintain a minimum net worth of three hundred thousand
dollars.
(4) A limited health care service contractor registered
before July 27, 1997, that, on July 27, 1997, has a minimum
net worth equal to or greater than that required by subsection
(3) of this section must continue to have and maintain the
minimum net worth required by subsection (3) of this
section. A limited health care service contractor registered
before July 27, 1997, that, on July 27, 1997, does not have
the minimum net worth required by subsection (3) of this
section must have and maintain a minimum net worth of:
(a) Thirty-five percent of the amount required by
subsection (3) of this section by December 31, 1997;
(b) Seventy percent of the amount required by subsection (3) of this section by December 31, 1998; and
(c) One hundred percent of the amount required by
subsection (3) of this section by December 31, 1999.
(5) For all limited health care service contractors that
have had a certificate of registration for less than three years,
their uncovered expenditures shall be either insured or
guaranteed by a foreign or domestic carrier admitted in the
state of Washington or by another carrier acceptable to the
commissioner. All such contractors shall also deposit with
the commissioner one-half of one percent of their projected
premium for the next year in cash, approved surety bond,
securities, or other form acceptable to the commissioner.
(6) For all limited health care service contractors that
have had a certificate of registration for three years or more,
their uncovered expenditures shall be assured by depositing
with the insurance commissioner twenty-five percent of their
last year’s uncovered expenditures as reported to the commissioner and adjusted to reflect any anticipated increases or
decreases during the ensuing year plus an amount for
unearned prepayments; in cash, approved surety bond,
securities, or other form acceptable to the commissioner.
Compliance with subsection (5) of this section shall also
constitute compliance with this requirement.
(7) Limited health service contractors need not comply
with RCW 48.44.030 or 48.44.037. [1997 c 212 § 1; 1990
c 120 § 3.]
48.44.037 Minimum net worth—Requirement to
maintain—Determination of amount. (1) Except as
provided in subsection (2) of this section, every health care
service contractor must have and maintain a minimum net
worth equal to the greater of:
(a) Three million dollars; or
(2002 Ed.)
Health Care Services
(b) Two percent of the annual premium earned, as
reported on the most recent annual financial statement filed
with the commissioner, on the first one hundred fifty million
dollars of premium and one percent of the annual premium
on the premium in excess of one hundred fifty million
dollars.
(2) A health care service contractor registered before
July 27, 1997, that, on July 27, 1997, has a minimum net
worth equal to or greater than that required by subsection (1)
of this section must continue to have and maintain the
minimum net worth required by subsection (1) of this
section. A health care service contractor registered before
July 27, 1997, that, on July 27, 1997, does not have the
minimum net worth required by subsection (1) of this section
must have and maintain a minimum net worth of:
(a) The amount required immediately prior to July 27,
1997, until December 31, 1997;
(b) Fifty percent of the amount required by subsection
(1) of this section by December 31, 1997;
(c) Seventy-five percent of the amount required by
subsection (1) of this section by December 31, 1998; and
(d) One hundred percent of the amount required by
subsection (1) of this section by December 31, 1999.
(3)(a) In determining net worth, no debt shall be
considered fully subordinated unless the subordination is in
a form acceptable to the commissioner. An interest obligation relating to the repayment of a subordinated debt must be
similarly subordinated.
(b) The interest expenses relating to the repayment of a
fully subordinated debt shall not be considered uncovered
expenditures.
(c) A subordinated debt incurred by a note meeting the
requirement of this section, and otherwise acceptable to the
commissioner, shall not be considered a liability and shall be
recorded as equity.
(4) Every health care service contractor shall, when
determining liabilities, include an amount estimated in the
aggregate to provide for any unearned premium and for the
payment of all claims for health care expenditures which
have been incurred, whether reported or unreported, which
are unpaid and for which the organization is or may be
liable, and to provide for the expense of adjustment or settlement of the claims.
Liabilities shall be computed in accordance with
regulations adopted by the commissioner upon reasonable
consideration of the ascertained experience and character of
the health care service contractor.
(5) All income from reserves on deposit with the
commissioner shall belong to the depositing health care
service contractor and shall be paid to it as it becomes
available.
(6) Any funded reserve required by this chapter shall be
considered an asset of the health care service contractor in
determining the organization’s net worth.
(7) A health care service contractor that has made a
securities deposit with the commissioner may, at its option,
withdraw the securities deposit or any part thereof after first
having deposited or provided in lieu thereof an approved
surety bond, a deposit of cash or securities, or any combination of these or other deposits of equal amount and value to
that withdrawn. Any securities and surety bond shall be
(2002 Ed.)
48.44.037
subject to approval by the commissioner before being
substituted. [1997 c 212 § 2; 1990 c 120 § 4.]
48.44.039 Minimum net worth—Domestic or
foreign health care service contractor. (1) For purposes
of this section:
(a) "Domestic health care service contractor" means a
health care service contractor formed under the laws of this
state; and
(b) "Foreign health care service contractor" means a
health care service contractor formed under the laws of the
United States, of a state or territory of the United States
other than this state, or of the District of Columbia.
(2) If the minimum net worth of a domestic health care
service contractor falls below the minimum net worth
required by this chapter, the commissioner shall at once
ascertain the amount of the deficiency and serve notice upon
the domestic health care service contractor to cure the
deficiency within ninety days after that service of notice.
(3) If the deficiency is not cured, and proof thereof filed
with the commissioner within the ninety-day period, the
domestic health care service contractor shall be declared
insolvent and shall be proceeded against as authorized by
this code, or the commissioner shall, consistent with chapters
48.04 and 34.05 RCW, suspend or revoke the registration of
the domestic health care service contractor as being hazardous to its subscribers and the people in this state.
(4) If the deficiency is not cured the domestic health
care service contractor shall not issue or deliver any individual or group contract after the expiration of the ninety-day
period.
(5) If the minimum net worth of a foreign health care
service contractor falls below the minimum net worth
required by this chapter, the commissioner shall, consistent
with chapters 48.04 and 34.05 RCW, suspend or revoke the
foreign health care service contractor’s registration as being
hazardous to its subscribers or the people in this state.
[1997 c 212 § 3.]
48.44.040 Registration with commissioner—Fee.
Every health care service contractor who or which enters
into agreements which require prepayment for health care
services shall register with the insurance commissioner on
forms to be prescribed and provided by him. Such registrants shall state their name, address, type of organization,
area of operation, type or types of health care services provided, and such other information as may reasonably be
required by the insurance commissioner and shall file with
such registration a copy of all contracts being offered and a
schedule of all rates charged. No registrant shall change any
rates, modify any contract, or offer any new contract, until
he has filed a copy of the changed rate schedule, modified
contract, or new contract with the insurance commissioner.
The insurance commissioner shall charge a fee of ten dollars
for the filing of each original registration statement and may
require each registrant to file a current reregistration statement annually thereafter. [1947 c 268 § 4; Rem. Supp. 1947
§ 6131-13.]
48.44.050 Rules and regulations. The insurance
commissioner shall make reasonable regulations in aid of the
[Title 48 RCW—page 285]
48.44.050
Title 48 RCW: Insurance
administration of this chapter which may include, but shall
not be limited to regulations concerning the maintenance of
adequate insurance, bonds, or cash deposits, information
required of registrants, and methods of expediting speedy
and fair payments to claimants. [1947 c 268 § 5; Rem.
Supp. 1947 § 6131-14.]
48.44.055 Plan for handling insolvency—
Commissioner’s review. Each health care service contractor shall have a plan for handling insolvency that allows for
continuation of benefits for the duration of the contract
period for which premiums have been paid and continuation
of benefits to members who are confined on the date of
insolvency in an inpatient facility until their discharge or
expiration of benefits. The commissioner shall approve such
a plan if it includes:
(1) Insurance to cover the expenses to be paid for
continued benefits after insolvency;
(2) Provisions in provider contracts that obligate the
provider to provide services for the duration of the period
after the health care service contractor’s insolvency for
which premium payment has been made and until the
enrolled participants are discharged from inpatient facilities;
(3) Use of insolvency reserves established under RCW
48.44.030;
(4) Acceptable letters of credit or approved surety
bonds; or
(5) Any other arrangements the commissioner and the
organization mutually agree are appropriate to assure that the
benefits are continued. [1990 c 120 § 11.]
48.44.057 Insolvency—Commissioner’s duties—
Participants’ options—Allocation of coverage. (1)(a) In
the event of insolvency of a health services contractor or
health maintenance organization and upon order of the
commissioner, all other carriers then having active enrolled
participants under a group plan with the affected agreement
holder that participated in the enrollment process with the
insolvent health services contractor or health maintenance
organization at a group’s last regular enrollment period shall
offer the eligible enrolled participants of the insolvent health
services contractor or health maintenance organization the
opportunity to enroll in an existing group plan without
medical underwriting during a thirty-day open enrollment
period, commencing on the date of the insolvency. Eligible
enrolled participants shall not be subject to preexisting
condition limitations except to the extent that a waiting
period for a preexisting condition has not been satisfied
under the insolvent carrier’s group plan. An open enrollment shall not be required where the agreement holder
participates in a self-insured, self-funded, or other health
plan exempt from commissioner rule, unless the plan
administrator and agreement holder voluntarily agree to offer
a simultaneous open enrollment and extend coverage under
the same enrollment terms and conditions as are applicable
to carriers under this title and rules adopted under this title.
If an exempt plan was offered during the last regular open
enrollment period, then the carrier may offer the agreement
holder the same coverage as any self-insured plan or plans
offered by the agreement holder without regard to coverage,
[Title 48 RCW—page 286]
benefit, or provider requirements mandated by this title for
the duration of the current agreement period.
(b) For purposes of this subsection only, the term
"carrier" means a health maintenance organization or a
health care services contractor. In the event of insolvency
of a carrier and if no other carrier has active enrolled participants under a group plan with the affected agreement
holder, or if the commissioner determines that the other
carriers lack sufficient health care delivery resources to
assure that health services will be available or accessible to
all of the group enrollees of the insolvent carrier, then the
commissioner shall allocate equitably the insolvent carrier’s
group agreements for these groups among all carriers that
operate within a portion of the insolvent carrier’s area, taking into consideration the health care delivery resources of
each carrier. Each carrier to which a group or groups are
allocated shall offer the agreement holder, without medical
underwriting, the carrier’s existing coverage that is most
similar to each group’s coverage with the insolvent carrier at
rates determined in accordance with the successor carrier’s
existing rating methodology. The eligible enrolled participants shall not be subject to preexisting condition limitations
except to the extent that a waiting period for a preexisting
condition has not been satisfied under the insolvent carrier’s
group plan. No offering by a carrier shall be required where
the agreement holder participates in a self-insured, selffunded, or other health plan exempt from commissioner rule.
The carrier may offer the agreement holder the same
coverage as any self-insured plan or plans offered by the
agreement holder without regard to coverage, benefit, or
provider requirements mandated by this title for the duration
of the current agreement period.
(2) The commissioner shall also allocate equitably the
insolvent carrier’s nongroup enrolled participants who are
unable to obtain coverage among all carriers that operate
within a portion of the insolvent carrier’s service area, taking
into consideration the health care delivery resources of the
carrier. Each carrier to which nongroup enrolled participants
are allocated shall offer the nongroup enrolled participants
the carrier’s existing comprehensive conversion plan, without
additional medical underwriting, at rates determined in
accordance with the successor carrier’s existing rating
methodology. The eligible enrolled participants shall not be
subject to preexisting condition limitations except to the
extent that a waiting period for a preexisting condition has
not been satisfied under the insolvent carrier’s plan.
(3) Any agreements covering participants allocated
pursuant to subsections (1)(b) and (2) of this section to
carriers pursuant to this section may be rerated after ninety
days of coverage.
(4) A limited health care service contractor shall not be
required to offer services other than its one limited health
care service to any enrolled participant of an insolvent
carrier. [1990 c 120 § 8.]
48.44.060 Penalty. Any person who violates any of
the provisions of this chapter shall be guilty of a gross
misdemeanor. [1947 c 268 § 6; Rem. Supp. 1947 § 613115.]
(2002 Ed.)
Health Care Services
48.44.070 Contracts to be filed with commissioner.
(1) Forms of contracts between health care service contractors and participating providers shall be filed with the
insurance commissioner prior to use.
(2) Any contract form not affirmatively disapproved
within fifteen days of filing shall be deemed approved,
except that the commissioner may extend the approval period
an additional fifteen days upon giving notice before the
expiration of the initial fifteen-day period. The commissioner may approve such a contract form for immediate use at
any time. Approval may be subsequently withdrawn for
cause.
(3) Subject to the right of the health care service
contractor to demand and receive a hearing under chapters
48.04 and 34.05 RCW, the commissioner may disapprove
such a contract form if it is in any respect in violation of this
chapter or if it fails to conform to minimum provisions or
standards required by the commissioner by rule under
chapter 34.05 RCW. [1990 c 120 § 9; 1965 c 87 § 2; 1961
c 197 § 4.]
48.44.080 Master lists of contractor’s participating
providers—Filing with commissioner—Notice of termination or participation. Every health care service contractor
shall file with its annual statement with the insurance commissioner a master list of the participating providers with
whom or with which such health care service contractor has
executed contracts of participation, certifying that each such
participating provider has executed such contract of participation. The health care service contractor shall on the first
day of each month notify the insurance commissioner in
writing in case of the termination of any such contract, and
of any participating provider who has entered into a participating contract during the preceding month. [1990 c 120 §
10; 1986 c 223 § 4; 1965 c 87 § 3; 1961 c 197 § 5.]
48.44.090 Refusal to register corporate, etc.,
contractor if name confusing with existing contractor or
insurance company. The insurance commissioner shall
refuse to accept the registration of any corporation, cooperative group, or association seeking to act as a health care
service contractor if, in his discretion, the insurance commissioner deems that the name of the corporation, cooperative
group, or association would be confused with the name of an
existing registered health care service contractor or authorized insurance company. [1961 c 197 § 6.]
48.44.095 Annual financial statement—Filings—
Contents—Fee—Penalty for failure to file. (1) Every
health care service contractor shall annually, before the first
day of March, file with the commissioner a statement
verified by at least two of the principal officers of the health
care service contractor showing its financial condition as of
the last day of the preceding calendar year. The statement
shall be in such form as is furnished or prescribed by the
commissioner. The commissioner may for good reason
allow a reasonable extension of the time within which such
annual statement shall be filed.
(2) In addition to the requirements of subsection (1) of
this section, every health care service contractor that is registered in this state shall annually, on or before March 1st of
(2002 Ed.)
48.44.070
each year, file with the national association of insurance
commissioners a copy of its annual statement, along with
those additional schedules as prescribed by the commissioner
for the preceding year. The information filed with the
national association of insurance commissioners shall be in
the same format and scope as that required by the commissioner and shall include the signed jurate page and the
actuarial certification. Any amendments and addendums to
the annual statement filing subsequently filed with the
commissioner shall also be filed with the national association
of insurance commissioners.
(3) Coincident with the filing of its annual statement
and other schedules, each health care service contractor shall
pay a reasonable fee directly to the national association of
insurance commissioners in an amount approved by the commissioner to cover the costs associated with the analysis of
the annual statement.
(4) Foreign health care service contractors that are
domiciled in a state that has a law substantially similar to
subsection (2) of this section are considered to be in compliance with this section.
(5) In the absence of actual malice, members of the
national association of insurance commissioners, their duly
authorized committees, subcommittees, and task forces, their
delegates, national association of insurance commissioners
employees, and all other persons charged with the responsibility of collecting, reviewing, analyzing, and dissimilating
the information developed from the filing of the annual
statement shall be acting as agents of the commissioner
under the authority of this section and shall not be subject to
civil liability for libel, slander, or any other cause of action
by virtue of their collection, review, analysis, or dissimilation
of the data and information collected for the filings required
under this section.
(6) The commissioner may suspend or revoke the
certificate of registration of any health care service contractor failing to file its annual statement or pay the fees when
due or during any extension of time therefor which the
commissioner, for good cause, may grant. [1997 c 212 § 4;
1993 c 492 § 295; 1983 c 202 § 3; 1969 c 115 § 5.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
48.44.100 Filing inaccurate financial statement
prohibited. No person shall knowingly file with any public
official or knowingly make, publish, or disseminate any
financial statement of a health care service contractor which
does not accurately state the health care service contractor’s
financial condition. [1961 c 197 § 7.]
48.44.110 False representation, advertising. No
person shall knowingly make, publish, or disseminate any
false, deceptive, or misleading representation or advertising
in the conduct of the business of a health care service contractor, or relative to the business of a health care service
contractor or to any person engaged therein. [1961 c 197 §
8.]
[Title 48 RCW—page 287]
48.44.120
Title 48 RCW: Insurance
48.44.120 Misrepresentations of contract terms,
benefits, etc. No person shall knowingly make, issue, or
circulate, or cause to be made, issued, or circulated, a
misrepresentation of the terms of any contract, or the
benefits or advantages promised thereby, or use the name or
title of any contract or class of contract misrepresenting the
nature thereof. [1961 c 197 § 9.]
48.44.130 Future dividends or refunds—When
permissible. No health care service contractor nor any
individual acting on behalf thereof shall guarantee or agree
to the payment of future dividends or future refunds of
unused charges or savings in any specific or approximate
amounts or percentages in respect to any contract being offered to the public, except in a group contract containing an
experience refund provision. [1961 c 197 § 10.]
48.44.140 Misleading comparisons to terminate or
retain contract. No health care service contractor nor any
person representing a health care service contractor shall by
misrepresentation or misleading comparisons induce or
attempt to induce any member of any health care service
contractor to terminate or retain a contract or membership.
[1961 c 197 § 11.]
48.44.145 Examination of contractors—Duties of
contractor, powers of commissioner—Independent audit
reports. (1) The commissioner may make an examination
of the operations of any health care service contractor as
often as he deems necessary in order to carry out the
purposes of this chapter.
(2) Every health care service contractor shall submit its
books and records relating to its operation for financial
condition and market conduct examinations and in every way
facilitate them. For the purpose of examinations, the commissioner may issue subpoenas, administer oaths, and
examine the officers and principals of the health care service
contractor.
(3) The commissioner may elect to accept and rely on
audit reports made by an independent certified public
accountant for the health care service contractor in the
course of that part of the commissioner’s examination
covering the same general subject matter as the audit. The
commissioner may incorporate the audit report in his report
of the examination.
(4) Whenever any health care service contractor applies
for initial admission, the commissioner may make, or cause
to be made, an examination of the applicant’s business and
affairs. Whenever such an examination is made, all of the
provisions of chapter 48.03 RCW not inconsistent with this
chapter shall be applicable. In lieu of making an examination himself the commissioner may, in the case of a foreign
health care service contractor, accept an examination report
of the applicant by the regulatory official in its state of
domicile. [1986 c 296 § 8; 1983 c 63 § 1; 1969 c 115 §
12.]
Severability—Effective date—1986 c 296: See notes following
RCW 48.14.020.
48.44.150 Certificate of registration not an endorsement—Display in solicitation prohibited. The granting of
[Title 48 RCW—page 288]
a certificate of registration to a health care service contractor
is permissive only, and shall not constitute an endorsement
by the insurance commissioner of any person or thing related
to the health care service contractor, and no person shall
advertise or display a certificate of registration for use as an
inducement in any solicitation. [1961 c 197 § 12.]
48.44.160 Revocation, suspension, refusal of registration—Hearing—Cease and desist orders, injunctive
action—Grounds. The insurance commissioner may,
subject to a hearing if one is demanded pursuant to chapters
48.04 and 34.05 RCW, revoke, suspend, or refuse to accept
or renew registration from any health care service contractor,
or he may issue a cease and desist order, or bring an action
in any court of competent jurisdiction to enjoin a health care
service contractor from doing further business in this state,
if such health care service contractor:
(1) Fails to comply with any provision of chapter 48.44
RCW or any proper order or regulation of the commissioner.
(2) Is found by the commissioner to be in such financial
condition that its further transaction of business in this state
would jeopardize the payment of claims and refunds to
subscribers.
(3) Has refused to remove or discharge a director or
officer who has been convicted of any crime involving fraud,
dishonesty, or like moral turpitude, after written request by
the commissioner for such removal, and expiration of a
reasonable time therefor as specified in such request.
(4) Usually compels claimants under contracts either to
accept less than the amount due them or to bring suit against
it to secure full payment of the amount due.
(5) Is affiliated with and under the same general
management, or interlocking directorate, or ownership as
another health care contractor which operates in this state
without having registered therefor, except as is permitted by
this chapter.
(6) Refuses to be examined, or if its directors, officers,
employees or representatives refuse to submit to examination
or to produce its accounts, records, and files for examination
by the commissioner when required, or refuse to perform
any legal obligation relative to the examination.
(7) Fails to pay any final judgment rendered against it
in this state upon any contract, bond, recognizance, or
undertaking issued or guaranteed by it, within thirty days
after the judgment became final or within thirty days after
time for taking an appeal has expired, or within thirty days
after dismissal of an appeal before final determination,
whichever date is the later.
(8) Is found by the commissioner, after investigation or
upon receipt of reliable information, to be managed by
persons, whether by its directors, officers, or by any other
means, who are incompetent or untrustworthy or so lacking
in health care contracting or related managerial experience
as to make the operation hazardous to the subscribing public;
or that there is good reason to believe it is affiliated directly
or indirectly through ownership, control, or other business
relations, with any person or persons whose business
operations are or have been marked, to the detriment of
policyholders or stockholders, or investors or creditors or
subscribers or of the public, by bad faith or by manipulation
of assets, or of accounts, or of reinsurance. [1988 c 248 §
(2002 Ed.)
Health Care Services
48.44.160
19; 1973 1st ex.s. c 65 § 2; 1969 c 115 § 3; 1961 c 197 §
13.]
annually after the two year period following the child’s
attainment of the limiting age. [1977 ex.s. c 80 § 33; 1969
ex.s. c 128 § 1.]
48.44.164 Notice of suspension, revocation, or
refusal to be given contractor—Authority of agents.
Upon the suspension, revocation or refusal of a health care
service contractor’s registration, the commissioner shall give
notice thereof to such contractor and shall likewise suspend,
revoke or refuse the authority of its agents to represent it in
this state and give notice thereof to the agents. [1969 c 115
§ 10.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
48.44.166 Fine in addition to or in lieu of suspension, revocation, or refusal. After hearing or upon stipulation by the registrant and in addition to or in lieu of the
suspension, revocation or refusal to renew any registration of
a health care service contractor the commissioner may levy
a fine against the party involved for each offense in an
amount not less than fifty dollars and not more than ten
thousand dollars. The order levying such fine shall specify
the period within which the fine shall be fully paid and
which period shall not be less than fifteen nor more than
thirty days from the date of such order. Upon failure to pay
any such fine when due the commissioner shall revoke the
registration of the registrant, if not already revoked, and the
fine shall be recovered in a civil action brought in behalf of
the commissioner by the attorney general. Any fine so
collected shall be paid by the commissioner to the state
treasurer for the account of the general fund. [1983 c 202
§ 4; 1969 c 115 § 11.]
48.44.170 Hearings and appeals. For the purposes
of this chapter, the insurance commissioner shall be subject
to and may avail himself of the provisions of chapter 48.04
RCW, which relate to hearings and appeals. [1961 c 197 §
14.]
48.44.180 Enforcement. For the purposes of this
chapter, the insurance commissioner shall have the same
powers and duties of enforcement as are provided in RCW
48.02.080. [1961 c 197 § 15.]
48.44.200 Individual health care service plan
contracts—Coverage of dependent child not to terminate
because of developmental disability or physical handicap.
An individual health care service plan contract, delivered or
issued for delivery in this state more than one hundred
twenty days after August 11, 1969, which provides that
coverage of a dependent child shall terminate upon attainment of the limiting age for dependent children specified in
the contract shall also provide in substance that attainment
of such limiting age shall not operate to terminate the
coverage of such child while the child is and continues to be
both (1) incapable of self-sustaining employment by reason
of developmental disability or physical handicap and (2)
chiefly dependent upon the subscriber for support and
maintenance, provided proof of such incapacity and dependency is furnished to the health care service plan corporation
by the subscriber within thirty-one days of the child’s
attainment of the limiting age and subsequently as may be
required by the corporation but not more frequently than
(2002 Ed.)
48.44.210 Group health care service plan contracts—Coverage of dependent child not to terminate
because of developmental disability or physical handicap.
A group health care service plan contract, delivered or issued
for delivery in this state more than one hundred twenty days
after August 11, 1969, which provides that coverage of a
dependent child of an employee or other member of the
covered group shall terminate upon attainment of the limiting
age for dependent children specified in the contract shall also
provide in substance that attainment of such limiting age
shall not operate to terminate the coverage of such child
while the child is and continues to be both (1) incapable of
self-sustaining employment by reason of developmental
disability or physical handicap and (2) chiefly dependent
upon the employee or member for support and maintenance,
provided proof of such incapacity and dependency is
furnished to the health care service plan corporation by the
employee or member within thirty-one days of the child’s
attainment of the limiting age and subsequently as may be
required by the corporation, but not more frequently than
annually after the two year period following the child’s attainment of the limiting age. [1977 ex.s. c 80 § 34; 1969
ex.s. c 128 § 2.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
48.44.212 Coverage of dependent children to
include newborn infants and congenital anomalies from
moment of birth—Notification period. (1) Any health care
service plan contract under this chapter delivered or issued
for delivery in this state more than one hundred twenty days
after February 16, 1974, which provides coverage for
dependent children of the insured or covered group member,
shall provide coverage for newborn infants of the insured or
covered group member from and after the moment of birth.
Coverage provided in accord with this section shall include,
but not be limited to, coverage for congenital anomalies of
such infant children from the moment of birth.
(2) If payment of an additional premium is required to
provide coverage for a child, the contract may require that
notification of birth of a newly born child and payment of
the required premium must be furnished to the contractor.
The notification period shall be no less than sixty days from
the date of birth. This subsection applies to policies issued
or renewed on or after January 1, 1984. [1984 c 4 § 1; 1983
c 202 § 5; 1974 ex.s. c 139 § 3.]
48.44.220 Discrimination prohibited. No health care
service contractor shall deny coverage to any person solely
on account of race, religion, national origin, or the presence
of any sensory, mental, or physical handicap. Nothing in
this section shall be construed as limiting a health care
service contractor’s authority to deny or otherwise limit
coverage to a person when the person because of a medical
condition does not meet the essential eligibility requirements
[Title 48 RCW—page 289]
48.44.220
Title 48 RCW: Insurance
established by the health care service contractor for purposes
of determining coverage for any person.
No health care service contractor shall refuse to provide
reimbursement or indemnity to any person for covered health
care services for reasons that the health care services were
provided by a holder of a license under chapter 18.22 RCW.
[1983 c 154 § 4; 1979 c 127 § 1; 1969 c 115 § 4.]
Severability—1983 c 154: See note following RCW 48.44.299.
48.44.225 *Podiatrists not excluded. A health care
service contractor which provides foot care services shall not
exclude any individual doctor who is licensed to perform
podiatric health care services from being a participant for
reason that the doctor is licensed under chapter 18.22 RCW.
Rejections of requests by doctors to be participants must be
in writing stating the cause for the rejection. [1983 c 154 §
5.]
*Reviser’s note: The term "podiatrists" was changed to "podiatric
physicians and surgeons" by 1990 c 147.
Severability—1983 c 154: See note following RCW 48.44.299.
48.44.230 Individual health service plan contract—
Return within ten days of delivery—Refunds—Void from
beginning—Notice required. Every subscriber of an
individual health care service plan contract issued after
September 1, 1973, may return the contract to the health care
service contractor or the agent through whom it was purchased within ten days of its delivery to the subscriber if,
after examination of the contract, he is not satisfied with it
for any reason, and the health care service contractor shall
refund promptly any fee paid for such contract. Upon such
return of the contract it shall be void from the beginning and
the parties shall be in the same position as if no policy had
been issued. Notice of the substance of this section shall be
printed on the face of each such contract or be attached
thereto. An additional ten percent penalty shall be added to
any premium refund due which is not paid within thirty days
of return of the policy to the insurer or agent. [1983 1st
ex.s. c 32 § 11; 1973 1st ex.s. c 65 § 4.]
48.44.240 Chemical dependency benefits—
Provisions of group contracts delivered or renewed after
January 1, 1988. Each group contract for health care
services which is delivered or issued for delivery or renewed, on or after January 1, 1988, shall contain provisions
providing benefits for the treatment of chemical dependency
rendered to covered persons by a provider which is an
"approved treatment facility or program" under *RCW
70.96A.020(3). [1990 1st ex.s. c 3 § 12; 1987 c 458 § 16;
1975 1st ex.s. c 266 § 14; 1974 ex.s. c 119 § 4.]
*Reviser’s note: RCW 70.96A.020(3) defines "approved treatment
program."
Effective date—Severability—1987 c 458: See notes following
RCW 48.21.160.
Severability—1975 1st ex.s. c 266: See note following RCW
48.01.010.
Legislative declaration—1974 ex.s. c 119: See RCW 48.21.160.
Chemical dependency benefits, rules: RCW 48.21.197.
[Title 48 RCW—page 290]
48.44.241 Chemical dependency benefits—RCW
48.21.160 through 48.21.190, 48.44.240 inapplicable,
when. See RCW 48.21.190.
48.44.245 "Chemical dependency" defined. For the
purposes of RCW 48.44.240, "chemical dependency" means
an illness characterized by a physiological or psychological
dependency, or both, on a controlled substance regulated
under chapter 69.50 RCW and/or alcoholic beverages. It is
further characterized by a frequent or intense pattern of
pathological use to the extent the user exhibits a loss of selfcontrol over the amount and circumstances of use; develops
symptoms of tolerance or physiological and/or psychological
withdrawal if use of the controlled substance or alcoholic
beverage is reduced or discontinued; and the user’s health is
substantially impaired or endangered or his or her social or
economic function is substantially disrupted. [1987 c 458 §
17.]
Effective date—Severability—1987 c 458: See notes following
RCW 48.21.160.
48.44.250 Payment of premium by employee in
event of suspension of compensation due to labor dispute.
Any employee whose compensation includes a health care
services contract providing health care services expenses, the
premiums for which are paid in full or in part by an employer including the state of Washington, its political subdivisions, or municipal corporations, or paid by payroll
deduction, may pay the premiums as they become due
directly to the contract holder whenever the employee’s
compensation is suspended or terminated directly or indirectly as the result of a strike, lockout, or other labor dispute,
for a period not exceeding six months and at the rate and
coverages as the health care services contract provides.
During that period of time such contract may not be altered
or changed. Nothing in this section shall be deemed to
impair the right of the health care service contractor to make
normal decreases or increases of the premium rate upon
expiration and renewal of the contract, in accordance with
the provisions of the contract. Thereafter, if such health care
services coverage is no longer available, then the employee
shall be given the opportunity to purchase an individual
health care services contract at a rate consistent with rates
filed by the health care service contractor with the commissioner. When the employee’s compensation is so suspended
or terminated, the employee shall be notified immediately by
the contract holder in writing, by mail addressed to the
address last of record with the contract holder, that the
employee may pay the premiums to the contract holder as
they become due as provided in this section.
Payment of the premiums must be made when due or
the coverage may be terminated by the health care service
contractor.
The provisions of any health care services contract
contrary to provisions of this section are void and unenforceable after May 29, 1975. [1982 c 149 § 1; 1975 1st ex.s. c
117 § 3.]
Severability—1975 1st ex.s. c 117: See note following RCW
48.21.075.
(2002 Ed.)
Health Care Services
48.44.260 Notice of reason for cancellation, denial,
or refusal to renew contract. Every authorized health care
service contractor, upon canceling, denying, or refusing to
renew any individual health care service contract, shall, upon
written request, directly notify in writing the applicant or
subscriber, as the case may be, of the reasons for the action
by the health care service contractor. Any benefits, terms,
rates, or conditions of such a contract which are restricted,
excluded, modified, increased, or reduced shall, upon written
request, be set forth in writing and supplied to the subscriber. The written communications required by this section
shall be phrased in simple language which is readily understandable to a person of average intelligence, education, and
reading ability. [1993 c 492 § 290; 1979 c 133 § 3.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
48.44.270 Immunity from libel or slander. With
respect to health care service contracts as defined in RCW
48.44.260, there shall be no liability on the part of, and no
cause of action of any nature shall arise against, the insurance commissioner, the commissioner’s agents, or members
of the commissioner’s staff, or against any health care
service contractor, its authorized representative, its agents, its
employees, furnishing to the health care service contractor
information as to reasons for cancellation or refusal to issue
or renew, for libel or slander on the basis of any statement
made by any of them in any written notice of cancellation or
refusal to issue or renew, or in any other communications,
oral or written, specifying the reasons for cancellation or
refusal to issue or renew or the providing of information
pertaining thereto, or for statements made or evidence
submitted in any hearing conducted in connection therewith.
[1979 c 133 § 4.]
48.44.290 Registered nurses or advanced registered
nurses. Notwithstanding any provision of this chapter, for
any health care service contract thereunder which is entered
into or renewed after July 26, 1981, benefits shall not be
denied under such contract for any health care service
performed by a holder of a license for registered nursing
practice or advanced registered nursing practice issued
pursuant to chapter 18.79 RCW if (1) the service performed
was within the lawful scope of such person’s license, and (2)
such contract would have provided benefits if such service
had been performed by a holder of a license issued pursuant
to chapter 18.71 RCW: PROVIDED, HOWEVER, That no
provision of chapter 18.71 RCW shall be asserted to deny
benefits under this section.
The provisions of this section are intended to be
remedial and procedural to the extent that they do not impair
the obligation of any existing contract. [1994 sp.s. c 9 §
733; 1986 c 223 § 6; 1981 c 175 § 1.]
48.44.260
is being impaired by prepaid agreements which provide
benefits, reimbursement, or indemnity by health care service
contractors, whether for profit or for nonprofit, which do not
provide parity of reimbursement among licensed health care
providers performing the same health care services. It is
further the intent of the legislature not to mandate the
providing of any health care benefit, but rather to require
parity of reimbursement for the same health care services
performed by all licensees who perform such services within
the scope of their respective licenses thereby assuring the
people of the state access to health care services of their
choice. [1983 c 154 § 1.]
Severability—1983 c 154: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 154 § 6.]
48.44.300 *Podiatry—Benefits not to be denied.
Benefits shall not be denied under a contract for any health
care service performed by a holder of a license issued under
chapter 18.22 RCW if (1) the service performed was within
the lawful scope of the person’s license, and (2) the contract
would have provided benefits if the service had been
performed by a holder of a license issued under chapter
18.71 RCW. There shall not be imposed upon one class of
doctors providing health care services as defined by this
chapter any requirement that is not imposed upon all other
doctors providing the same or similar health care services
within the scope of their license.
The provisions of this section are intended to be
procedural to the extent that they do not impair the obligation of any existing contract. [1986 c 223 § 7; 1983 c 154
§ 2.]
*Reviser’s note: The term "podiatry" was changed to "podiatric
medicine and surgery" by 1990 c 147.
Severability—1983 c 154: See note following RCW 48.44.299.
48.44.309 Legislative finding. The legislature finds
and declares that there is a paramount concern that the right
of the people to obtain access to health care in all its facets
is being impaired. The legislature further finds that there is
a heavy reliance by the public upon prepaid health care
service agreements and insurance, whether profit or nonprofit, as the only effective manner in which the large
majority of the people can obtain access to quality health
care. Further, the legislature finds that health care service
agreements may be anticompetitive because of the exclusion
of other licensed forms of health care and that because of the
high costs of health care, there is a need for competition to
reduce these costs. It is, therefore, declared to be in the
public interest that these contracts as a form of insurance be
regulated under the police power of the state to assure that
all the people have the greatest access to health care services. [1983 c 286 § 1.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1983 c 286: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 286 § 5.]
48.44.299 Legislative finding. The legislature finds
and declares that there is a paramount concern that the right
of the people to obtain access to health care in all its facets
48.44.310 Chiropractic care, coverage required,
exceptions. (1) Each group contract for comprehensive
health care service which is entered into, or renewed, on or
(2002 Ed.)
[Title 48 RCW—page 291]
48.44.310
Title 48 RCW: Insurance
after September 8, 1983, between a health care service
contractor and the person or persons to receive such care
shall offer coverage for chiropractic care on the same basis
as any other care.
(2) A patient of a chiropractor shall not be denied
benefits under a contract because the practitioner is not
licensed under chapter 18.57 or 18.71 RCW.
(3) This section shall not apply to a group contract for
comprehensive health care services entered into in accordance with a collective bargaining agreement between
management and labor representatives. Benefits for chiropractic care shall be offered by the employer in good faith
on the same basis as any other care as a subject for collective bargaining for group contracts for health care services.
[1986 c 223 § 8; 1983 c 286 § 2.]
Severability—1983 c 286: See note following RCW 48.44.309.
(4) Health care coverage may not be reduced or eliminated due to this section.
(5) Services required under this section shall be covered
when deemed medically necessary by the medical director,
or his or her designee, subject to any referral and formulary
requirements.
(6) The health care service contractor need not include
the coverage required in this section in a group contract
offered to an employer or other group that offers to its
eligible enrollees a self-insured health plan not subject to
mandated benefits status under this title that does not offer
coverage similar to that mandated under this section.
(7) This section does not apply to the health benefit
plans that provide benefits identical to the schedule of
services covered by the basic health plan, as required by
RCW 48.44.022 and 48.44.023. [1997 c 276 § 4.]
Effective date—1997 c 276: See note following RCW 41.05.185.
48.44.315 Diabetes coverage. The legislature finds
that diabetes imposes a significant health risk and tremendous financial burden on the citizens and government of the
state of Washington, and that access to the medically
accepted standards of care for diabetes, its treatment and
supplies, and self-management training and education is
crucial to prevent or delay the short and long-term complications of diabetes and its attendant costs.
(1) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Person with diabetes" means a person diagnosed by
a health care provider as having insulin using diabetes,
noninsulin using diabetes, or elevated blood glucose levels
induced by pregnancy; and
(b) "Health care provider" means a health care provider
as defined in RCW 48.43.005.
(2) All health benefit plans offered by health care
service contractors, issued or renewed after January 1, 1998,
shall provide benefits for at least the following services and
supplies for persons with diabetes:
(a) For health benefit plans that include coverage for
pharmacy services, appropriate and medically necessary
equipment and supplies, as prescribed by a health care
provider, that includes but is not limited to insulin, syringes,
injection aids, blood glucose monitors, test strips for blood
glucose monitors, visual reading and urine test strips, insulin
pumps and accessories to the pumps, insulin infusion
devices, prescriptive oral agents for controlling blood sugar
levels, foot care appliances for prevention of complications
associated with diabetes, and glucagon emergency kits; and
(b) For all health benefit plans, outpatient self-management training and education, including medical nutrition
therapy, as ordered by the health care provider. Diabetes
outpatient self-management training and education may be
provided only by health care providers with expertise in
diabetes. Nothing in this section prevents the health care
services contractor from restricting patients to seeing only
health care providers who have signed participating provider
agreements with the health care services contractor or an
insuring entity under contract with the health care services
contractor.
(3) Coverage required under this section may be subject
to customary cost-sharing provisions established for all other
similar services or supplies within a policy.
[Title 48 RCW—page 292]
48.44.320 Home health care, hospice care, optional
coverage required—Standards, limitations, restrictions—
Rules—Medicare supplemental contracts excluded. (1)
Every health care service contractor entering into or renewing a group health care service contract governed by this
chapter shall offer optional coverage for home health care
and hospice care for persons who are homebound and would
otherwise require hospitalization. Such optional coverage
need only be offered in conjunction with a policy that
provides payment for hospitalization as a part of health care
coverage.
(2) Home health care and hospice care coverage offered
under subsection (1) of this section shall conform to the
following standards, limitations, and restrictions in addition
to those set forth in chapters 70.126 and 70.127 RCW:
(a) The coverage may include reasonable deductibles,
coinsurance provisions, and internal maximums;
(b) The coverage should be structured to create incentives for the use of home health care and hospice care as an
alternative to hospitalization;
(c) The coverage may contain provisions for utilization
review and quality assurance;
(d) The coverage may require that home health agencies
and hospices have written treatment plans approved by a
physician licensed under chapter 18.57 or 18.71 RCW, and
may require such treatment plans to be reviewed at designated intervals;
(e) The coverage shall provide benefits for, and restrict
benefits to, services rendered by home health and hospice
agencies licensed under chapter 70.127 RCW;
(f) Hospice care coverage shall provide benefits for
terminally ill patients for an initial period of care of not less
than six months and may provide benefits for an additional
six months of care in cases where the patient is facing
imminent death or is entering remission if certified in writing
by the attending physician;
(g) Home health care coverage shall provide benefits for
a minimum of one hundred thirty health care visits per
calendar year. However, a visit of any duration by an
employee of a home health agency for the purpose of
providing services under the plan of treatment constitutes
one visit;
(2002 Ed.)
Health Care Services
(h) The coverage may be structured so that services or
supplies included in the primary contract are not duplicated
in the optional home health and hospice coverage.
(3) The insurance commissioner shall adopt any rules
necessary to implement this section.
(4) The requirements of this section shall not apply to
contracts or policies governed by chapter 48.66 RCW.
(5) An insurer, as a condition of reimbursement, may
require compliance with home health and hospice certification regulations established by the United States department
of health and human services. [1989 1st ex.s. c 9 § 222;
1988 c 245 § 33; 1984 c 22 § 3; 1983 c 249 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Effective date—Implementation—Severability—1988 c 245: See
RCW 70.127.900 and 70.127.902.
Effective date—1984 c 22: See note following RCW 48.21.220.
Effective date—1983 c 249: See note following RCW 70.126.001.
Home health care, hospice care, rules: Chapter 70.126 RCW.
48.44.325 Mammograms—Insurance coverage.
Each health care service contract issued or renewed after
January 1, 1990, that provides benefits for hospital or
medical care shall provide benefits for screening or diagnostic mammography services, provided that such services are
delivered upon the recommendation of the patient’s physician or advanced registered nurse practitioner as authorized
by the nursing care quality assurance commission pursuant
to chapter 18.79 RCW or physician assistant pursuant to
chapter 18.71A RCW.
This section shall not be construed to prevent the
application of standard contract provisions applicable to
other benefits such as deductible or copayment provisions.
This section does not limit the authority of a contractor to
negotiate rates and contract with specific providers for the
delivery of mammography services. This section shall not
apply to medicare supplement policies or supplemental
contracts covering a specified disease or other limited
benefits. [1994 sp.s. c 9 § 734; 1989 c 338 § 3.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
48.44.330 Reconstructive breast surgery. (1) Each
contract for health care entered into or renewed after July
24, 1983, between a health care services contractor and the
person or persons to receive the care shall provide coverage
for reconstructive breast surgery resulting from a mastectomy
which resulted from disease, illness, or injury.
(2) Each contract for health care entered into or renewed
after January 1, 1986, between a health care services
contractor and the person or persons to receive the care shall
provide coverage for all stages of one reconstructive breast
reduction on the nondiseased breast to make it equal in size
with the diseased breast after definitive reconstructive
surgery on the diseased breast has been performed. [1985 c
54 § 7; 1983 c 113 § 3.]
Effective date—1985 c 54: See note following RCW 48.20.397.
48.44.335 Mastectomy, lumpectomy. No health care
service contractor under this chapter may refuse to issue any
contract or cancel or decline to renew the contract solely
(2002 Ed.)
48.44.320
because of a mastectomy or lumpectomy performed on the
insured or prospective insured more than five years previously. The amount of benefits payable, or any term, rate,
condition, or type of coverage shall not be restricted,
modified, excluded, increased, or reduced solely on the basis
of a mastectomy or lumpectomy performed on the insured or
prospective insured more than five years previously. [1985
c 54 § 3.]
Effective date—1985 c 54: See note following RCW 48.20.397.
48.44.340 Mental health treatment, optional supplemental coverage—Waiver. (1) Each health care service
contractor providing hospital or medical services or benefits
in this state under group contracts for health care services
under this chapter which are issued, delivered, or renewed in
this state on or after July 1, 1986, shall offer optional
supplemental coverage for mental health treatment for the
insured and the insured’s covered dependents.
(2) Benefits shall be provided under the optional
supplemental coverage for mental health treatment whether
treatment is rendered by: (a) A physician licensed under
chapter 18.71 or 18.57 RCW; (b) a psychologist licensed
under chapter 18.83 RCW; (c) a community mental health
agency licensed by the department of social and health services pursuant to chapter 71.24 RCW; or (d) a state hospital
as defined in RCW 72.23.010. The treatment shall be
covered at the usual and customary rates for such treatment.
The insurer, health care service contractor, or health maintenance organization providing optional coverage under the
provisions of this section for mental health services may
establish separate usual and customary rates for services
rendered by physicians licensed under chapter 18.71 or 18.57
RCW, psychologists licensed under chapter 18.83 RCW, and
community mental health centers licensed under chapter
71.24 RCW and state hospitals as defined in RCW
72.23.010. However, the treatment may be subject to
contract provisions with respect to reasonable deductible
amounts or copayments. In order to qualify for coverage
under this section, a licensed community mental health
agency shall have in effect a plan for quality assurance and
peer review, and the treatment shall be supervised by a
physician licensed under chapter 18.71 or 18.57 RCW or by
a psychologist licensed under chapter 18.83 RCW.
(3) The group contract for health care services may
provide that all the coverage for mental health treatment is
waived for all covered members if the contract holder so
states in advance in writing to the health care service
contractor.
(4) This section shall not apply to a group health care
service contract that has been entered into in accordance
with a collective bargaining agreement between management
and labor representatives prior to March 1, 1987. [1987 c
283 § 4; 1986 c 184 § 3; 1983 c 35 § 2.]
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
Legislative intent—Effective date—Severability—1986 c 184: See
notes following RCW 48.21.240.
Effective date—Severability—1983 c 35: See notes following RCW
48.21.240.
48.44.342 Mental health treatment—Waiver of
preauthorization for persons involuntarily committed. A
[Title 48 RCW—page 293]
48.44.342
Title 48 RCW: Insurance
health care service contractor providing hospital or medical
services or benefits in this state shall waive a
preauthorization from the contractor before an insured or an
insured’s covered dependents receive mental health treatment
rendered by a state hospital as defined in RCW 72.23.010 if
the insured or the insured’s covered dependents are involuntarily committed to a state hospital as defined in RCW
72.23.010. [1993 c 272 § 4.]
providing group coverage for hospital or medical expense
shall offer the contract holder an option to include a contract
provision granting a person who becomes ineligible for
coverage under the group contract, the right to continue the
group benefits for a period of time and at a rate agreed
upon. The contract provision shall provide that when such
coverage terminates, the covered person may convert to a
contract as provided in RCW 48.44.370. [1984 c 190 § 5.]
Savings—Severability—1993 c 272: See notes following RCW
43.20B.347.
Legislative intent—Severability—1984 c 190: See notes following
RCW 48.21.250.
Application—1984 c 190 §§ 2, 5, and 8: See note following RCW
48.21.250.
48.44.344 Benefits for prenatal diagnosis of congenital disorders—Contracts entered into or renewed on or
after January 1, 1990. On or after January 1, 1990, every
group health care services contract entered into or renewed
that covers hospital, medical, or surgical expenses on a
group basis, and which provides benefits for pregnancy,
childbirth, or related medical conditions to enrollees of such
groups, shall offer benefits for prenatal diagnosis of congenital disorders of the fetus by means of screening and diagnostic procedures during pregnancy to such enrollees when
those services are determined to be medically necessary by
the health care service contractor in accord with standards
set in rule by the board of health. Every group health care
services contractor shall communicate the availability of such
coverage to all group health care service contract holders and
to all groups with whom they are negotiating. [1988 c 276
§ 7.]
Prenatal testing—Limitation on changes to coverage: RCW 48.42.090.
48.44.350 Financial interests of health care service
contractors, restricted—Exceptions, regulations. (1) No
person having any authority in the investment or disposition
of the funds of a health care service contractor and no
officer or director of a health care service contractor shall
accept, except for the health care service contractor, or be
the beneficiary of any fee, brokerage, gift, commission, or
other emolument because of any sale of health care service
agreements or any investment, loan, deposit, purchase, sale,
payment, or exchange made by or for the health care service
contractor, or be pecuniarily interested therein in any
capacity; except, that such a person may procure a loan from
the health care service contractor directly upon approval by
two-thirds of its directors and upon the pledge of securities
eligible for the investment of the health care service
contractor’s funds under this title.
(2) The commissioner may, by regulations, from time to
time, define and permit additional exceptions to the prohibition contained in subsection (1) of this section solely to
enable payment of reasonable compensation to a director
who is not otherwise an officer or employee of the health
care service contractor, or to a corporation or firm in which
the director is interested, for necessary services performed or
sales or purchases made to or for the health care service
contractor in the ordinary course of the health care service
contractor’s business and in the usual private professional or
business capacity of the director or the corporation or firm.
[1986 c 223 § 9; 1983 c 202 § 6.]
48.44.360 Continuation option to be offered. Every
health care service contractor that issues group contracts
[Title 48 RCW—page 294]
48.44.370 Conversion contract to be offered—
Exceptions, conditions. (1) Except as otherwise provided
by this section, any group health care service contract
entered into or renewed on or after January 1, 1985, that
provides benefits for hospital or medical expenses shall
contain a provision granting a person covered by the group
contract the right to obtain a conversion contract from the
contractor upon termination of the person’s eligibility for
coverage under the group contract.
(2) A contractor need not offer a conversion contract to:
(a) A person whose coverage under the group contract
ended when the person’s employment or membership was
terminated for misconduct: PROVIDED, That when a
person’s employment or membership is terminated for
misconduct, a conversion policy shall be offered to the
spouse and/or dependents of the terminated employee or
member. The policy shall include in the conversion provisions the same conversion rights and conditions which are
available to employees or members and their spouses and/or
dependents who are terminated for reasons other than
misconduct;
(b) A person who is eligible for federal Medicare
coverage; or
(c) A person who is covered under another group plan,
policy, contract, or agreement providing benefits for hospital
or medical care.
(3) To obtain the conversion contract, a person must
submit a written application and the first premium payment
for the conversion contract not later than thirty-one days
after the date the person’s eligibility for group coverage
terminates. The conversion contract shall become effective,
without lapse of coverage, immediately following termination
of coverage under the group contract.
(4) If a health care service contractor or group contract
holder does not renew, cancels, or otherwise terminates the
group contract, the health care service contractor shall offer
a conversion contract to any person who was covered under
the terminated contract unless the person is eligible to obtain
group hospital or medical expense coverage within thirty-one
days after such nonrenewal, cancellation, or termination of
the group contract.
(5) The health care service contractor shall determine
the premium for the conversion contract in accordance with
the contractor’s table of premium rates applicable to the age
and class of risk of each person to be covered under the
contract and the type and amount of benefits provided.
[1984 c 190 § 6.]
Legislative intent—Severability—1984 c 190: See notes following
RCW 48.21.250.
(2002 Ed.)
Health Care Services
48.44.380 Conversion contract—Restrictions and
requirements. (1) A health care service contractor shall not
require proof of insurability as a condition for issuance of
the conversion contract.
(2) A conversion contract may not contain an exclusion
for preexisting conditions except to the extent that a waiting
period for a preexisting condition has not been satisfied
under the group contract.
(3) A health care service contractor must offer at least
three contract benefit plans that comply with the following:
(a) A major medical plan with a five thousand dollar
deductible and a lifetime benefit maximum of two hundred
fifty thousand dollars per person;
(b) A comprehensive medical plan with a five hundred
dollar deductible and a lifetime benefit maximum of five
hundred thousand dollars per person; and
(c) A basic medical plan with a one thousand dollar
deductible and a lifetime maximum of seventy-five thousand
dollars per person.
(4) The insurance commissioner may revise the deductibles and lifetime benefit amounts in subsection (3) of this
section from time to time to reflect changing health care
costs.
(5) The insurance commissioner shall adopt rules to
establish minimum benefit standards for conversion contracts.
(6) The commissioner shall adopt rules to establish
specific standards for conversion contract provisions. These
rules may include but are not limited to:
(a) Terms of renewability;
(b) Nonduplication of coverage;
(c) Benefit limitations, exceptions, and reductions; and
(d) Definitions of terms. [1984 c 190 § 7.]
Legislative intent—Severability—1984 c 190: See notes following
RCW 48.21.250.
48.44.390 Modification of basis of agreement,
endorsement required. If an individual health care service
agreement is issued on any basis other than as applied for,
an endorsement setting forth such modification must accompany and be attached to the agreement. No agreement shall
be effective unless the endorsement is signed by the applicant, and a signed copy thereof returned to the health care
service contractor. [1986 c 223 § 10.]
48.44.400 Continuance provisions for former family
members. After July 1, 1986, or on the next renewal date
of the agreement, whichever is later, every health care
service agreement issued, amended, or renewed for an
individual and his or her dependents shall contain provisions
to assure that the covered spouse and/or dependents, in the
event that any cease to be a qualified family member by
reason of termination of marriage or death of the principal
enrollee, shall have the right to continue the health care
service agreement without a physical examination, statement
of health, or other proof of insurability. [1986 c 223 § 11.]
48.44.420 Coverage for adopted children. (1) Any
health care service contract under this chapter delivered or
issued for delivery in this state, which provides coverage for
dependent children, as defined in the contract of the sub(2002 Ed.)
48.44.380
scriber, shall cover adoptive children placed with the subscriber on the same basis as other dependents, as provided
in RCW 48.01.180.
(2) If payment of an additional premium is required to
provide coverage for a child, the contract may require that
notification of placement of a child for adoption and payment of the required premium must be furnished to the
health care services contractor. The notification period shall
be no less than sixty days from the date of placement.
[1986 c 140 § 4.]
Effective date, application—Severability—1986 c 140: See notes
following RCW 48.01.180.
48.44.430 Cancellation of rider. Upon application by
a subscriber, a rider shall be canceled if at least five years
after its issuance, no health care services have been received
by the subscriber during that time for the condition specified
in the rider, and a physician, selected by the carrier for that
purpose, agrees in writing to the full medical recovery of the
subscriber from that condition, such agreement not to be
unreasonably withheld. The option of the subscriber to
apply for cancellation shall be disclosed on the face of the
rider in clear and conspicuous language.
For purposes of this section, a rider is a legal document
that modifies a contract to exclude, limit, or reduce coverage
or benefits for specifically named or described preexisting
diseases or physical conditions. [1987 c 37 § 3.]
48.44.440 Phenylketonuria. (1) The legislature finds
that:
(a) Phenylketonuria is a rare inherited genetic disorder.
(b) Children with phenylketonuria are unable to metabolize an essential amino acid, phenylalanine, which is found
in the proteins of most food.
(c) To remain healthy, children with phenylketonuria
must maintain a strict diet and ingest a mineral and vitaminenriched formula.
(d) Children who do not maintain their diets with the
formula acquire severe mental and physical difficulties.
(e) Originally, the formulas were listed as prescription
drugs but were reclassified as medical foods to increase their
availability.
(2) Subject to requirements and exceptions which may
be established by rules adopted by the commissioner, any
contract for health care services delivered or issued for
delivery or renewed in this state on or after September 1,
1988, shall provide coverage for the formulas necessary for
the treatment of phenylketonuria. [1988 c 173 § 3.]
48.44.450 Neurodevelopmental therapies—
Employer-sponsored group contracts. (1) Each employersponsored group contract for comprehensive health care
service which is entered into, or renewed, on or after twelve
months after July 23, 1989, shall include coverage for
neurodevelopmental therapies for covered individuals age six
and under.
(2) Benefits provided under this section shall cover the
services of those authorized to deliver occupational therapy,
speech therapy, and physical therapy. Benefits shall be
payable only where the services have been delivered pursuant to the referral and periodic review of a holder of a
[Title 48 RCW—page 295]
48.44.450
Title 48 RCW: Insurance
license issued pursuant to chapter 18.71 or 18.57 RCW or
where covered services have been rendered by such licensee.
Nothing in this section shall prohibit a health care service
contractor from requiring that covered services be delivered
by a provider who participates by contract with the health
care service contractor unless no participating provider is
available to deliver covered services. Nothing in this section
shall prohibit a health care service contractor from negotiating rates with qualified providers.
(3) Benefits provided under this section shall be for
medically necessary services as determined by the health
care service contractor. Benefits shall be payable for services for the maintenance of a covered individual in cases
where significant deterioration in the patient’s condition
would result without the service. Benefits shall be payable
to restore and improve function.
(4) It is the intent of this section that employers purchasing comprehensive group coverage including the benefits
required by this section, together with the health care service
contractor, retain authority to design and employ utilization
and cost controls. Therefore, benefits delivered under this
section may be subject to contractual provisions regarding
deductible amounts and/or copayments established by the
employer purchasing coverage and the health care service
contractor. Benefits provided under this section may be
subject to standard waiting periods for preexisting conditions,
and may be subject to the submission of written treatment
plans.
(5) In recognition of the intent expressed in subsection
(4) of this section, benefits provided under this section may
be subject to contractual provisions establishing annual
and/or lifetime benefit limits. Such limits may define the
total dollar benefits available or may limit the number of
services delivered as agreed by the employer purchasing
coverage and the health care service contractor. [1989 c 345
§ 1.]
48.44.460 Temporomandibular joint disorders—
Insurance coverage. (1) Except as provided in this section,
a group health care service contract entered into or renewed
after December 31, 1989, shall offer optional coverage for
the treatment of temporomandibular joint disorders.
(a) Health care service contractors offering medical
coverage only may limit benefits in such coverages to
medical services related to treatment of temporomandibular
joint disorders. Health care service contractors offering
dental coverage only may limit benefits in such coverage to
dental services related to treatment of temporomandibular
joint disorders. No health care service contractor offering
medical coverage only may define all temporomandibular
joint disorders as purely dental in nature, and no health care
service contractor offering dental coverage only may define
all temporomandibular joint disorders as purely medical in
nature.
(b) Health care contractors offering optional temporomandibular joint disorder coverage as provided in this
section may, but are not required to, offer lesser or no
temporomandibular joint disorder coverage as part of their
basic group disability contract.
(c) Benefits and coverage offered under this section may
be subject to negotiation to promote broad flexibility in
[Title 48 RCW—page 296]
potential benefit coverage. This flexibility shall apply to
services to be reimbursed, determination of treatments to be
considered medically necessary, systems through which
services are to be provided, including referral systems and
use of other providers, and related issues.
(2) Unless otherwise directed by law, the insurance
commissioner shall adopt rules, to be implemented on
January 1, 1993, establishing minimum benefits, terms,
definitions, conditions, limitations, and provisions for the use
of reasonable deductibles and copayments.
(3) A contractor need not make the offer of coverage
required by this section to an employer or other group that
offers to its eligible enrollees a self-insured health plan not
subject to mandated benefit statutes under Title 48 RCW that
does not provide coverage for temporomandibular joint
disorders. [1989 c 331 § 3.]
Legislative finding—Effective date—1989 c 331: See notes
following RCW 48.21.320.
48.44.465 Prescriptions—Preapproval of individual
claims—Subsequent rejection prohibited—Written record
required. Health care service contractors who through an
authorized representative have first approved, by any means,
an individual prescription claim as eligible may not reject
that claim at some later date. Pharmacists or drug dispensing outlets who obtain preapproval of claims shall keep a
written record of the preapproval that consists of identification by name and telephone number of the person who
approved the claim. [1993 c 253 § 4.]
Findings—Effective date—1993 c 253: See notes following RCW
48.20.525.
48.44.470 Nonresident pharmacies. For the purposes
of this chapter, a nonresident pharmacy is defined as any
pharmacy located outside this state that ships, mails, or
delivers, in any manner, except when delivered in person to
an enrolled participant or his/her representative, controlled
substances, legend drugs, or devices into this state.
After October 1, 1991, a health care service contractor
providing coverage of prescription drugs from nonresident
pharmacies may only provide coverage from licensed
nonresident pharmacies. The health care service contractors
shall obtain proof of current licensure in conformity with this
section and RCW 18.64.350 through 18.64.400 from the
nonresident pharmacy and keep that proof of licensure on
file.
The department may request from the health care
service contractor the proof of current licensure for all
nonresident pharmacies through which the insurer is providing coverage for prescription drugs for residents of the
state of Washington. This information, which may constitute
a full or partial customer list, shall be confidential and
exempt from public disclosure, and from the requirements of
chapter 42.17 RCW. The board or the department shall not
be restricted in the disclosure of the name of a nonresident
pharmacy that is or has been licensed under RCW 18.64.360
or 18.64.370 or of the identity of a nonresident pharmacy
disciplined under RCW 18.64.350 through 18.64.400. [1991
c 87 § 9.]
Effective date—1991 c 87: See note following RCW 18.64.350.
(2002 Ed.)
Health Care Services
48.44.500 Denturist services. Notwithstanding any
provision of any health care service contract covering dental
care as provided for in this chapter, effective January 1,
1995, benefits shall not be denied thereunder for any service
performed by a denturist licensed under chapter 18.30 RCW
if (1) the service performed was within the lawful scope of
such person’s license, and (2) such contract would have
provided benefits if such service had been performed by a
dentist licensed under chapter 18.32 RCW. [1995 c 1 § 24
(Initiative Measure No. 607, approved November 8, 1994).]
Short title—Severability—1995 c 1 (Initiative Measure No. 607):
See RCW 18.30.900 and 18.30.901.
48.44.530 Disclosure of certain material transactions—Report—Information is confidential. (1) Every
health care service contractor domiciled in this state shall file
a report with the commissioner disclosing material acquisitions and dispositions of assets or material nonrenewals,
cancellations, or revisions of ceded reinsurance agreements
unless these acquisitions and dispositions of assets or
material nonrenewals, cancellations, or revisions of ceded
reinsurance agreements have been submitted to the commissioner for review, approval, or information purposes under
other provisions of this title or other requirements.
(2) The report required in subsection (1) of this section
is due within fifteen days after the end of the calendar month
in which any of the transactions occur.
(3) One complete copy of the report, including any
exhibits or other attachments filed as part of the report, shall
be filed with the:
(a) Commissioner; and
(b) National association of insurance commissioners.
(4) All reports obtained by or disclosed to the commissioner under this section and RCW 48.44.535 through
48.44.555 are exempt from public inspection and copying
and shall not be subject to subpoena. These reports shall not
be made public by the commissioner, the national association
of insurance commissioners, or any other person, except to
insurance departments of other states, without the prior
written consent of the health care service contractor to which
it pertains unless the commissioner, after giving the health
care service contractor that would be affected by disclosure
notice and a hearing under chapter 48.04 RCW, determines
that the interest of policyholders, subscribers, shareholders,
or the public will be served by the publication, in which
event the commissioner may publish all or any part of the
report in the manner he or she deems appropriate. [1995 c
86 § 13.]
48.44.535 Material acquisitions or dispositions. No
acquisitions or dispositions of assets need be reported
pursuant to RCW 48.44.530 if the acquisitions or dispositions are not material. For purposes of RCW 48.44.530
through 48.44.555, a material acquisition, or the aggregate of
any series of related acquisitions during any thirty-day
period; or disposition, or the aggregate of any series of
related dispositions during any thirty-day period is an
acquisition or disposition that is nonrecurring and not in the
ordinary course of business and involves more than five
percent of the reporting health care service contractor’s total
(2002 Ed.)
48.44.500
assets as reported in its most recent statutory statement filed
with the commissioner. [1995 c 86 § 14.]
48.44.540 Asset acquisitions—Asset dispositions. (1)
Asset acquisitions subject to RCW 48.44.530 through
48.44.555 include every purchase, lease, exchange, merger,
consolidation, succession, or other acquisition other than the
construction or development of real property by or for the
reporting health care service contractor or the acquisition of
materials for such purpose.
(2) Asset dispositions subject to RCW 48.44.530
through 48.44.555 include every sale, lease, exchange,
merger, consolidation, mortgage, hypothecation, abandonment, destruction, other disposition, or assignment, whether
for the benefit of creditors or otherwise. [1995 c 86 § 15.]
48.44.545 Report of a material acquisition or
disposition of assets—Information required. The following information is required to be disclosed in any report of
a material acquisition or disposition of assets:
(1) Date of the transaction;
(2) Manner of acquisition or disposition;
(3) Description of the assets involved;
(4) Nature and amount of the consideration given or
received;
(5) Purpose of or reason for the transaction;
(6) Manner by which the amount of consideration was
determined;
(7) Gain or loss recognized or realized as a result of the
transaction; and
(8) Names of the persons from whom the assets were
acquired or to whom they were disposed. [1995 c 86 § 16.]
48.44.550 Material nonrenewals, cancellations, or
revisions of ceded reinsurance agreements. (1) No
nonrenewals, cancellations, or revisions of ceded reinsurance
agreements need be reported under RCW 48.44.530 if the
nonrenewals, cancellations, or revisions are not material.
For purposes of RCW 48.44.530 through 48.44.555, a
material nonrenewal, cancellation, or revision is one that
affects:
(a) More than fifty percent of a health care service
contractor’s total reserve credit taken for business ceded, on
an annualized basis, as indicated in the health care service
contractor’s most recent annual statement;
(b) More than ten percent of a health care service
contractor’s total cession when it is replaced by one or more
unauthorized reinsurers; or
(c) Previously established collateral requirements, when
they have been reduced or waived as respects one or more
unauthorized reinsurers representing collectively more than
ten percent of a total cession.
(2) However, a filing is not required if a health care
service contractor’s total reserve credit taken for business
ceded represents, on an annualized basis, less than ten
percent of the statutory reserve requirement prior to any
cession. [1995 c 86 § 17.]
48.44.555 Report of a material nonrenewal,
cancellation, or revision of ceded reinsurance
agreements—Information required. The following is
[Title 48 RCW—page 297]
48.44.555
Title 48 RCW: Insurance
required to be disclosed in any report of a material
nonrenewal, cancellation, or revision of ceded reinsurance
agreements:
(1) The effective date of the nonrenewal, cancellation,
or revision;
(2) The description of the transaction with an identification of the initiator;
(3) The purpose of or reason for the transaction; and
(4) If applicable, the identity of the replacement
reinsurers. [1995 c 86 § 18.]
Chapter 48.45
RURAL HEALTH CARE
Sections
48.45.005
48.45.010
48.45.020
48.45.030
Findings.
Definitions.
Rural health care service arrangements.
Rule making.
48.45.005 Findings. The legislature finds that the
residents of rural communities are having difficulties in
locating and purchasing affordable health insurance. The
legislature further finds that many rural communities have
sufficient funds to pay for needed services, but those funds
are being expended elsewhere causing insufficient funding of
local health services. As part of the solution to this problem,
rural communities need to be able to structure the financing
of local health services to better serve local residents. The
legislature further finds that as rural communities need well
financed and organized health care, it is in the interest of
residents of rural communities that existing unauthorized
entities comply with appropriate fiscal solvency standards
and consumer safeguards, and that those entities be given an
opportunity to come into compliance with existing state laws.
[1990 c 271 § 20.]
48.45.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Rural community" means any grouping of consumers, seventy-five percent of whom reside in areas outside of
a standard metropolitan statistical area as defined by the
United States bureau of census.
(2) "Consumer" means any person enrolled and eligible
to receive benefits in the rural health care arrangement.
(3) "Rural health care service arrangement" or "arrangement" means any arrangement which is established or
maintained for the purpose of offering or providing through
the purchase of insurance or otherwise, medical, surgical, or
hospital care or benefits in the event of sickness, accident, or
disability in a rural community, as defined in this section,
that is subject to the jurisdiction of the insurance commissioner but is not now a currently authorized carrier. [1990
c 271 § 22.]
(1) Within ten days following March 29, 1990, all rural
health care service arrangements shall inform the insurance
commissioner of their intent to apply for approval to operate
as an entity authorized under chapter 48.44 RCW or intend
to merge with an entity authorized under Title 48 RCW or
merge with an entity defined in this section;
(2) The arrangement submits an application for approval
as an entity authorized under chapter 48.44 RCW by May 1,
1990;
(3) The arrangement has one hundred thousand dollars
on deposit with the insurance commissioner by July 1, 1990;
(4) The arrangement has one hundred fifty thousand
dollars on deposit with the insurance commissioner by
September 1, 1990; and
(5) The arrangement complies with all reasonable
requirements of the insurance commissioner excluding the
deposit requirement, except as outlined in this section.
If such rural health care service arrangements fail to
comply with any of the above requirements, or if during the
application process an entity engages in any activities which
the insurance commissioner reasonably determines may
cause imminent harm to consumers, the entity may be
subject to appropriate legal action by the insurance commissioner pursuant to the authority provided in Title 48 RCW.
A rural health care service arrangement which comes
into compliance with Title 48 RCW through the method
outlined in this chapter shall be subject to all applicable
requirements of Title 48 RCW except that the deposit
requirements shall not be increased until May 1, 1991.
[1990 c 271 § 23.]
48.45.030 Rule making. The insurance commissioner,
pursuant to chapter 34.05 RCW, may promulgate rules to
implement RCW 48.45.010 and 48.45.020. [1990 c 271 §
24.]
Chapter 48.46
HEALTH MAINTENANCE ORGANIZATIONS
Sections
48.46.010
48.46.012
48.46.020
48.46.023
48.46.027
48.46.030
48.46.040
48.46.045
48.46.060
48.46.062
48.46.064
48.46.066
48.45.020 Rural health care service arrangements.
Rural health care service arrangements existing on March 29,
1990, may continue in full operation only so long as they
comply with all of the following:
[Title 48 RCW—page 298]
48.46.068
Legislative declaration—Purpose.
Filings with secretary of state—Copy for commissioner.
Definitions.
Agent—Definition—License required—Application, issuance, renewal, fees—Penalties involving license.
Registration, required—Issuance of securities—Penalty.
Eligibility requirements for certificate of registration—
Application requirements, information.
Certificate of registration—Issuance—Grounds for refusal—
Name restrictions—Inspection and review of facilities.
Catastrophic health plans permitted.
Prepayment agreements—Standards for forms and documents—Grounds for disapproval—Cancellation or failure to renew—Filing of agreement forms.
Schedule of rates for individual agreements—Loss ratio—
Remittance of premiums—Definitions.
Calculation of premiums—Adjusted community rate—
Definitions.
Mandatory offering providing basic health plan benefits for
employers with fewer than twenty-five employees—
Exemption from statutory requirements—Premium
rates—Requirements for providing coverage for small
employers.
Requirements for plans offered to small employers—
Definitions.
(2002 Ed.)
Health Maintenance Organizations
48.46.070
48.46.080
48.46.090
48.46.100
48.46.110
48.46.120
48.46.130
48.46.135
48.46.140
48.46.170
48.46.180
48.46.190
48.46.200
48.46.210
48.46.220
48.46.225
48.46.235
48.46.237
48.46.240
48.46.243
48.46.245
48.46.247
48.46.250
48.46.260
48.46.270
48.46.272
48.46.275
48.46.280
48.46.285
48.46.290
48.46.292
48.46.300
48.46.310
48.46.320
48.46.340
48.46.350
48.46.355
48.46.360
48.46.370
48.46.375
48.46.380
48.46.390
48.46.400
48.46.410
48.46.420
48.46.430
48.46.440
(2002 Ed.)
Governing body.
Annual statement—Filings—Contents—Fee—Penalty for
failure to file—Accuracy required.
Standard of services provided.
Grievance procedure.
Name restrictions—Discrimination—Recovery of costs of
health care services participant not entitled to.
Examination of health maintenance organizations—Duties of
organizations, powers of commissioner—Independent
audit reports—Assessment of organizations for costs,
conditions.
Investigation of violations—Hearing—Findings—Penalties—
Order requiring compliance, etc.—Suspension or revocation of certificate, effect—Application to courts.
Fine in addition to or in lieu of suspension, revocation, or
refusal.
Fees.
Effect of chapter as to other laws—Construction.
Duty of employer to inform and make available to employees option of enrolling in health maintenance organization.
Payroll deductions for capitation payments to health
maintenance organizations.
Rules and regulations.
Compliance with federal funding requirements—
Construction.
Review of administrative action.
Financial failure—Supervision of commissioner—Priority of
distribution of assets.
Minimum net worth—Requirement to maintain—
Determination of amount.
Minimum net worth—Domestic or foreign health maintenance organization.
Funded reserve requirements.
Contract—Participant liability—Commissioner’s review.
Plan for handling insolvency—Commissioner’s review.
Insolvency—Commissioner’s duties—Participants’ options—
Allocation of coverage.
Coverage of dependent children—Newborn infants, congenital anomalies—Notification period.
Individual health maintenance agreement—Return within ten
days of delivery—Refunds—Void from beginning.
Financial interests of health maintenance organization authorities, restricted—Exceptions, regulations.
Diabetes coverage.
Mammograms—Insurance coverage.
Reconstructive breast surgery.
Mastectomy, lumpectomy.
Mental health treatment, optional supplemental coverage—
Waiver.
Mental health treatment—Waiver of preauthorization for
persons involuntarily committed.
Future dividends or refunds, restricted—Issuance or sale of
securities regulated.
Registration not endorsement.
Dependent children, termination of coverage, conditions.
Return of agreement within ten days.
Chemical dependency treatment.
"Chemical dependency" defined.
Payment of cost of agreement directly to holder during labor
dispute—Changes restricted—Notice to employee.
Coverage not denied for handicap.
Benefits for prenatal diagnosis of congenital disorders—
Agreements entered into or renewed on or after January
1, 1990.
Notice of reason for cancellation, denial, or refusal to renew
agreement.
Providing information on cancellation or refusal—No liability for insurance commissioner or health maintenance
organization.
False or misleading advertising prohibited.
Misrepresentations to induce termination or retention of
agreement prohibited.
Penalty for violations.
Enforcement authority of commissioner.
Continuation option to be offered.
Chapter 48.46
48.46.450
Conversion agreement to be offered—Exceptions, conditions.
48.46.460 Conversion agreement—Restrictions and requirements.
48.46.470 Endorsement of modifications.
48.46.480 Continuation of coverage of former family members.
48.46.490 Coverage for adopted children.
48.46.500 Cancellation of rider.
48.46.510 Phenylketonuria.
48.46.520 Neurodevelopmental therapies—Employer-sponsored group
contracts.
48.46.530 Temporomandibular joint disorders—Insurance coverage.
48.46.535 Prescriptions—Preapproval of individual claims—
Subsequent rejection prohibited—Written record required.
48.46.540 Nonresident pharmacies.
48.46.565 Foot care services.
48.46.570 Denturist services.
48.46.575 Doctor of osteopathic medicine and surgery—Discrimination
based on board certification is prohibited.
48.46.600 Disclosure of certain material transactions—Report—
Information is confidential.
48.46.605 Material acquisitions or dispositions.
48.46.610 Asset acquisitions—Asset dispositions.
48.46.615 Report of a material acquisition or disposition of assets—
Information required.
48.46.620 Material nonrenewals, cancellations, or revisions of ceded
reinsurance agreements.
48.46.625 Report of a material nonrenewal, cancellation, or revision of
ceded reinsurance agreements—Information required.
48.46.900 Liberal construction.
48.46.910 Severability—1975 1st ex.s. c 290.
48.46.920 Short title.
Agents of health maintenance organizations, additional regulations
applicable: RCW 48.17.065.
Health care assistants: Chapter 18.135 RCW.
48.46.010 Legislative declaration—Purpose. In
affirmation of the declared principle that health care is a
right of every citizen of the state, the legislature expresses its
concern that the present high costs of health care in Washington may be preventing or inhibiting a large segment of
the people from obtaining access to quality health care
services.
The legislature declares that the establishment of
qualified prepaid group and individual practice health care
delivery systems should be encouraged in order to provide
all citizens of the state with the freedom of choice between
competitive, alternative health care delivery systems necessary to realize their right to health. It is the purpose and
policy of this chapter to provide for the development and
registration of prepaid group and individual practice health
care plans as health maintenance organizations, which the
legislature declares to be in the interest of the health, safety
and welfare of the people. [1975 1st ex.s. c 290 § 2.]
48.46.012 Filings with secretary of state—Copy for
commissioner. Health maintenance organizations shall send
a copy specifically for the office of the insurance commissioner to the secretary of state of any corporate document
required to be filed in the office of the secretary of state,
including articles of incorporation and bylaws, and any
amendments thereto. The copy specifically provided for the
office of the insurance commissioner shall be in addition to
the copies required by the secretary of state and shall clearly
indicate on the copy that it is for delivery to the office of the
insurance commissioner. [1998 c 23 § 17.]
[Title 48 RCW—page 299]
48.46.020
Title 48 RCW: Insurance
48.46.020 Definitions. As used in this chapter, the
terms defined in this section shall have the meanings
indicated unless the context indicates otherwise.
(1) "Health maintenance organization" means any
organization receiving a certificate of registration by the
commissioner under this chapter which provides comprehensive health care services to enrolled participants of such
organization on a group practice per capita prepayment basis
or on a prepaid individual practice plan, except for an
enrolled participant’s responsibility for copayments and/or
deductibles, either directly or through contractual or other
arrangements with other institutions, entities, or persons, and
which qualifies as a health maintenance organization
pursuant to RCW 48.46.030 and 48.46.040.
(2) "Comprehensive health care services" means basic
consultative, diagnostic, and therapeutic services rendered by
licensed health professionals together with emergency and
preventive care, inpatient hospital, outpatient and physician
care, at a minimum, and any additional health care services
offered by the health maintenance organization.
(3) "Enrolled participant" means a person who or group
of persons which has entered into a contractual arrangement
or on whose behalf a contractual arrangement has been
entered into with a health maintenance organization to
receive health care services.
(4) "Health professionals" means health care practitioners who are regulated by the state of Washington.
(5) "Health maintenance agreement" means an agreement for services between a health maintenance organization
which is registered pursuant to the provisions of this chapter
and enrolled participants of such organization which provides
enrolled participants with comprehensive health services
rendered to enrolled participants by health professionals,
groups, facilities, and other personnel associated with the
health maintenance organization.
(6) "Consumer" means any member, subscriber,
enrollee, beneficiary, or other person entitled to health care
services under terms of a health maintenance agreement, but
not including health professionals, employees of health
maintenance organizations, partners, or shareholders of stock
corporations licensed as health maintenance organizations.
(7) "Meaningful role in policy making" means a
procedure approved by the commissioner which provides
consumers or elected representatives of consumers a means
of submitting the views and recommendations of such
consumers to the governing board of such organization
coupled with reasonable assurance that the board will give
regard to such views and recommendations.
(8) "Meaningful grievance procedure" means a procedure for investigation of consumer grievances in a timely
manner aimed at mutual agreement for settlement according
to procedures approved by the commissioner, and which may
include arbitration procedures.
(9) "Provider" means any health professional, hospital,
or other institution, organization, or person that furnishes any
health care services and is licensed or otherwise authorized
to furnish such services.
(10) "Department" means the state department of social
and health services.
(11) "Commissioner" means the insurance commissioner.
[Title 48 RCW—page 300]
(12) "Group practice" means a partnership, association,
corporation, or other group of health professionals:
(a) The members of which may be individual health
professionals, clinics, or both individuals and clinics who
engage in the coordinated practice of their profession; and
(b) The members of which are compensated by a
prearranged salary, or by capitation payment or drawing
account that is based on the number of enrolled participants.
(13) "Individual practice health care plan" means an
association of health professionals in private practice who
associate for the purpose of providing prepaid comprehensive
health care services on a fee-for-service or capitation basis.
(14) "Uncovered expenditures" means the costs to the
health maintenance organization of health care services that
are the obligation of the health maintenance organization for
which an enrolled participant would also be liable in the
event of the health maintenance organization’s insolvency
and for which no alternative arrangements have been made
as provided herein. The term does not include expenditures
for covered services when a provider has agreed not to bill
the enrolled participant even though the provider is not paid
by the health maintenance organization, or for services that
are guaranteed, insured, or assumed by a person or organization other than the health maintenance organization.
(15) "Copayment" means an amount specified in a
subscriber agreement which is an obligation of an enrolled
participant for a specific service which is not fully prepaid.
(16) "Deductible" means the amount an enrolled
participant is responsible to pay out-of-pocket before the
health maintenance organization begins to pay the costs
associated with treatment.
(17) "Fully subordinated debt" means those debts that
meet the requirements of RCW 48.46.235(3) and are
recorded as equity.
(18) "Net worth" means the excess of total admitted
assets as defined in RCW 48.12.010 over total liabilities but
the liabilities shall not include fully subordinated debt.
(19) "Participating provider" means a provider as
defined in subsection (9) of this section who contracts with
the health maintenance organization or with its contractor or
subcontractor and has agreed to provide health care services
to enrolled participants with an expectation of receiving payment, other than copayment or deductible, directly or
indirectly, from the health maintenance organization.
(20) "Carrier" means a health maintenance organization,
an insurer, a health care services contractor, or other entity
responsible for the payment of benefits or provision of
services under a group or individual agreement.
(21) "Replacement coverage" means the benefits
provided by a succeeding carrier.
(22) "Insolvent" or "insolvency" means that the organization has been declared insolvent and is placed under an
order of liquidation by a court of competent jurisdiction.
[1990 c 119 § 1; 1983 c 106 § 1; 1982 c 151 § 1; 1975 1st
ex.s. c 290 § 3.]
Effective date—1982 c 151: "This act shall take effect on January
1, 1983." [1982 c 151 § 5.]
48.46.023 Agent—Definition—License required—
Application, issuance, renewal, fees—Penalties involving
license. (1) Agent, as used in this chapter, means any
person appointed or authorized by a health maintenance
(2002 Ed.)
Health Maintenance Organizations
organization to solicit applications for health care service
agreements on its behalf.
(2) No person shall act as or hold himself out to be an
agent of a health maintenance organization unless licensed
as a disability insurance agent by this state and appointed or
authorized by the health maintenance organization on whose
behalf solicitations are to be made.
(3) Applications, appointments, and qualifications for licenses, the renewal thereof, the fees and issuance of a
license, and the renewal thereof shall be in accordance with
the provisions of chapter 48.17 RCW that are applicable to
a disability insurance agent.
(4) A person holding a valid license in this state as a
health maintenance organization agent on July 24, 1983, is
not required to requalify by an examination for the renewal
of the license.
(5) The commissioner may revoke, suspend, or refuse to
issue or renew any agent’s license, or levy a fine upon the
licensee, in accordance with those provisions of chapter
48.17 RCW that are applicable to a disability insurance
agent. [1983 c 202 § 8.]
48.46.027 Registration, required—Issuance of
securities—Penalty. (1) No person shall in this state, by
mail or otherwise, act as or hold himself out to be a health
maintenance organization as defined in RCW 48.46.020
without being duly registered therefor with the commissioner.
(2) The issuance, sale, or offer for sale in this state of
securities of its own issue by any health maintenance
organization domiciled in this state other than the memberships and bonds of a nonprofit corporation shall be subject
to the provisions of chapter 48.06 RCW relating to obtaining
solicitation permits the same as if health maintenance
organizations were domestic insurers.
(3) Any person violating any provision of subsection (1)
or (2) of this section shall be liable to a fine of not to exceed
one thousand dollars and imprisonment for not to exceed six
months for each instance of such violation. [1983 c 202 §
9.]
48.46.030 Eligibility requirements for certificate of
registration—Application requirements, information.
Any corporation, cooperative group, partnership, individual,
association, or groups of health professionals licensed by the
state of Washington, public hospital district, or public institutions of higher education shall be entitled to a certificate
of registration from the insurance commissioner as a health
maintenance organization if it:
(1) Provides comprehensive health care services to
enrolled participants on a group practice per capita prepayment basis or on a prepaid individual practice plan and
provides such health services either directly or through
arrangements with institutions, entities, and persons which its
enrolled population might reasonably require as determined
by the health maintenance organization in order to be
maintained in good health; and
(2) Is governed by a board elected by enrolled participants, or otherwise provides its enrolled participants with a
meaningful role in policy making procedures of such
(2002 Ed.)
48.46.023
organization, as defined in RCW 48.46.020(7), and
48.46.070; and
(3) Affords enrolled participants with a meaningful
grievance procedure aimed at settlement of disputes between
such persons and such health maintenance organization, as
defined in RCW 48.46.020(8) and 48.46.100; and
(4) Provides enrolled participants, or makes available for
inspection at least annually, financial statements pertaining
to health maintenance agreements, disclosing income and
expenses, assets and liabilities, and the bases for proposed
rate adjustments for health maintenance agreements relating
to its activity as a health maintenance organization; and
(5) Demonstrates to the satisfaction of the commissioner
that its facilities and personnel are reasonably adequate to
provide comprehensive health care services to enrolled
participants and that it is financially capable of providing
such members with, or has made adequate contractual
arrangements through insurance or otherwise to provide such
members with, such health services; and
(6) Substantially complies with administrative rules and
regulations of the commissioner for purposes of this chapter;
and
(7) Submits an application for a certificate of registration which shall be verified by an officer or authorized
representative of the applicant, being in form as the commissioner prescribes, and setting forth:
(a) A copy of the basic organizational document, if any,
of the applicant, such as the articles of incorporation, articles
of association, partnership agreement, trust agreement, or
other applicable documents, and all amendments thereto;
(b) A copy of the bylaws, rules and regulations, or
similar documents, if any, which regulate the conduct of the
internal affairs of the applicant, and all amendments thereto;
(c) A list of the names, addresses, members of the board
of directors, board of trustees, executive committee, or other
governing board or committee and the principal officers,
partners, or members;
(d) A full and complete disclosure of any financial
interests held by any officer, or director in any provider
associated with the applicant or any provider of the applicant;
(e) A description of the health maintenance organization,
its facilities and its personnel, and the applicant’s most
recent financial statement showing such organization’s assets,
liabilities, income, and other sources of financial support;
(f) A description of the geographic areas and the
population groups to be served and the size and composition
of the anticipated enrollee population;
(g) A copy of each type of health maintenance agreement to be issued to enrolled participants;
(h) A schedule of all proposed rates of reimbursement
to contracting health care facilities or providers, if any, and
a schedule of the proposed charges for enrollee coverage for
health care services, accompanied by data relevant to the
formulation of such schedules;
(i) A description of the proposed method and schedule
for soliciting enrollment in the applicant health maintenance
organization and the basis of compensation for such solicitation services;
(j) A copy of the solicitation document to be distributed
to all prospective enrolled participants in connection with
any solicitation;
[Title 48 RCW—page 301]
48.46.030
Title 48 RCW: Insurance
(k) A financial projection which sets forth the anticipated results during the initial two years of operation of such
organization, accompanied by a summary of the assumptions
and relevant data upon which the projection is based. The
projection should include the projected expenses, enrollment
trends, income, enrollee utilization patterns, and sources of
working capital;
(l) A detailed description of the enrollee complaint
system as provided by RCW 48.46.100;
(m) A detailed description of the procedures and
programs to be implemented to assure that the health care
services delivered to enrolled participants will be of professional quality;
(n) A detailed description of procedures to be implemented to meet the requirements to protect against insolvency in RCW 48.46.245;
(o) Documentation that the health maintenance organization has an initial net worth of one million dollars and shall
thereafter maintain the minimum net worth required under
RCW 48.46.235; and
(p) Such other information as the commissioner shall
require by rule or regulation which is reasonably necessary
to carry out the provisions of this section.
A health maintenance organization shall, unless otherwise provided for in this chapter, file a notice describing any
modification of any of the information required by subsection (7) of this section. Such notice shall be filed with the
commissioner. [1990 c 119 § 2; 1985 c 320 § 1; 1983 c 106
§ 2; 1975 1st ex.s. c 290 § 4.]
48.46.040 Certificate of registration—Issuance—
Grounds for refusal—Name restrictions—Inspection and
review of facilities. The commissioner shall issue a
certificate of registration to the applicant within sixty days
of such filing unless he notifies the applicant within such
time that such application is not complete and the reasons
therefor; or that he is not satisfied that:
(1) The basic organizational document of the applicant
permits the applicant to conduct business as a health maintenance organization;
(2) The organization has demonstrated the intent and
ability to assure that comprehensive health care services will
be provided in a manner to assure both their availability and
accessibility;
(3) The organization is financially responsible and may
be reasonably expected to meet its obligations to its enrolled
participants. In making this determination, the commissioner
shall consider among other relevant factors:
(a) Any agreements with an insurer, a medical or
hospital service bureau, a government agency or any other
organization paying or insuring payment for health care
services;
(b) Any agreements with providers for the provision of
health care services;
(c) Any arrangements for liability and malpractice
insurance coverage; and
(d) Adequate procedures to be implemented to meet the
protection against insolvency requirements in RCW
48.46.245.
(4) The procedures for offering health care services and
offering or terminating contracts with enrolled participants
[Title 48 RCW—page 302]
are reasonable and equitable in comparison with prevailing
health insurance subscription practices and health maintenance organization enrollment procedures; and, that
(5) Procedures have been established to:
(a) Monitor the quality of care provided by such
organization, including, as a minimum, procedures for
internal peer review;
(b) Resolve complaints and grievances initiated by
enrolled participants in accordance with RCW 48.46.010 and
48.46.100;
(c) Offer enrolled participants an opportunity to participate in matters of policy and operation in accordance with
RCW 48.46.020(7) and 48.46.070.
No person to whom a certificate of registration has not
been issued, except a health maintenance organization
certified by the secretary of the department of health and
human services, pursuant to Public Law 93-222 or its
successor, shall use the words "health maintenance organization" or the initials "HMO" in its name, contracts, or
literature. Persons who are contracting with, operating in
association with, recruiting enrolled participants for, or
otherwise authorized by a health maintenance organization
possessing a certificate of registration to act on its behalf
may use the terms "health maintenance organization" or
"HMO" for the limited purpose of denoting or explaining
their relationship to such health maintenance organization.
The department of health, at the request of the insurance
commissioner, shall inspect and review the facilities of every
applicant health maintenance organization to determine that
such facilities are reasonably adequate to provide the health
care services offered in their contracts. If the commissioner
has information to indicate that such facilities fail to continue to be adequate to provide the health care services
offered, the department of health, upon request of the
insurance commissioner, shall reinspect and review the
facilities and report to the insurance commissioner as to their
adequacy or inadequacy. [1990 c 119 § 3; 1989 1st ex.s. c
9 § 223; 1983 c 106 § 3; 1975 1st ex.s. c 290 § 5.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
48.46.045 Catastrophic health plans permitted.
Notwithstanding the provisions of this chapter, a health
maintenance organization may offer catastrophic health plans
as defined in RCW 48.43.005. [2000 c 79 § 27.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.46.060 Prepayment agreements—Standards for
forms and documents—Grounds for disapproval—
Cancellation or failure to renew—Filing of agreement
forms. (1) Any health maintenance organization may enter
into agreements with or for the benefit of persons or groups
of persons, which require prepayment for health care
services by or for such persons in consideration of the health
maintenance organization providing health care services to
such persons. Such activity is not subject to the laws
relating to insurance if the health care services are rendered
directly by the health maintenance organization or by any
provider which has a contract or other arrangement with the
(2002 Ed.)
Health Maintenance Organizations
health maintenance organization to render health services to
enrolled participants.
(2) All forms of health maintenance agreements issued
by the organization to enrolled participants or other marketing documents purporting to describe the organization’s
comprehensive health care services shall comply with such
minimum standards as the commissioner deems reasonable
and necessary in order to carry out the purposes and provisions of this chapter, and which fully inform enrolled
participants of the health care services to which they are
entitled, including any limitations or exclusions thereof, and
such other rights, responsibilities and duties required of the
contracting health maintenance organization.
(3) Subject to the right of the health maintenance
organization to demand and receive a hearing under chapters
48.04 and 34.05 RCW, the commissioner may disapprove an
individual or group agreement form for any of the following
grounds:
(a) If it contains or incorporates by reference any
inconsistent, ambiguous, or misleading clauses, or exceptions
or conditions which unreasonably or deceptively affect the
risk purported to be assumed in the general coverage of the
agreement;
(b) If it has any title, heading, or other indication which
is misleading;
(c) If purchase of health care services thereunder is
being solicited by deceptive advertising;
(d) If it contains unreasonable restrictions on the
treatment of patients;
(e) If it is in any respect in violation of this chapter or
if it fails to conform to minimum provisions or standards
required by the commissioner by rule under chapter 34.05
RCW; or
(f) If any agreement for health care services with any
state agency, division, subdivision, board, or commission or
with any political subdivision, municipal corporation, or
quasi-municipal corporation fails to comply with state law.
(4) In addition to the grounds listed in subsection (2) of
this section, the commissioner may disapprove any group
agreement if the benefits provided therein are unreasonable
in relation to the amount charged for the agreement.
(5) No health maintenance organization authorized under
this chapter shall cancel or fail to renew the enrollment on
any basis of an enrolled participant or refuse to transfer an
enrolled participant from a group to an individual basis for
reasons relating solely to age, sex, race, or health status.
Nothing contained herein shall prevent cancellation of an
agreement with enrolled participants (a) who violate any
published policies of the organization which have been
approved by the commissioner, or (b) who are entitled to
become eligible for medicare benefits and fail to enroll for
a medicare supplement plan offered by the health maintenance organization and approved by the commissioner, or (c)
for failure of such enrolled participant to pay the approved
charge, including cost-sharing, required under such contract,
or (d) for a material breach of the health maintenance
agreement.
(6) No agreement form or amendment to an approved
agreement form shall be used unless it is first filed with the
commissioner. [2000 c 79 § 31; 1989 c 10 § 10. Prior:
1985 c 320 § 2; 1985 c 283 § 2; 1983 c 106 § 4; 1975 1st
ex.s. c 290 § 7.]
(2002 Ed.)
48.46.060
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.46.062 Schedule of rates for individual agreements—Loss ratio—Remittance of premiums—
Definitions. (1) The definitions in this subsection apply
throughout this section unless the context clearly requires
otherwise.
(a) "Claims" means the cost to the health maintenance
organization of health care services, as defined in RCW
48.43.005, provided to an enrollee or paid to or on behalf of
the enrollee in accordance with the terms of a health benefit
plan, as defined in RCW 48.43.005. This includes capitation
payments or other similar payments made to providers for
the purpose of paying for health care services for an
enrollee.
(b) "Claims reserves" means: (i) The liability for claims
which have been reported but not paid; (ii) the liability for
claims which have not been reported but which may reasonably be expected; (iii) active life reserves; and (iv) additional
claims reserves whether for a specific liability purpose or
not.
(c) "Earned premiums" means premiums, as defined in
RCW 48.43.005, plus any rate credits or recoupments less
any refunds, for the applicable period, whether received
before, during, or after the applicable period.
(d) "Incurred claims expense" means claims paid during
the applicable period plus any increase, or less any decrease,
in the claims reserves.
(e) "Loss ratio" means incurred claims expense as a
percentage of earned premiums.
(f) "Reserves" means: (i) Active life reserves; and (ii)
additional reserves whether for a specific liability purpose or
not.
(2) A health maintenance organization shall file, for
informational purposes only, a notice of its schedule of rates
for its individual agreements with the commissioner prior to
use.
(3) A health maintenance organization shall file with the
notice required under subsection (2) of this section supporting documentation of its method of determining the rates
charged. The commissioner may request only the following
supporting documentation:
(a) A description of the health maintenance
organization’s rate-making methodology;
(b) An actuarially determined estimate of incurred
claims which includes the experience data, assumptions, and
justifications of the health maintenance organization’s
projection;
(c) The percentage of premium attributable in aggregate
for nonclaims expenses used to determine the adjusted
community rates charged; and
(d) A certification by a member of the American
academy of actuaries, or other person approved by the
commissioner, that the adjusted community rate charged can
be reasonably expected to result in a loss ratio that meets or
exceeds the loss ratio standard established in subsection (7)
of this section.
(4) The commissioner may not disapprove or otherwise
impede the implementation of the filed rates.
(5) By the last day of May each year any health
maintenance organization issuing or renewing individual
[Title 48 RCW—page 303]
48.46.062
Title 48 RCW: Insurance
health benefit plans in this state during the preceding
calendar year shall file for review by the commissioner
supporting documentation of its actual loss ratio for its
individual health benefit plans offered or renewed in the
state in aggregate for the preceding calendar year. The filing
shall include aggregate earned premiums, aggregate incurred
claims, and a certification by a member of the American
academy of actuaries, or other person approved by the
commissioner, that the actual loss ratio has been calculated
in accordance with accepted actuarial principles.
(a) At the expiration of a thirty-day period beginning
with the date the filing is received by the commissioner, the
filing shall be deemed approved unless prior thereto the
commissioner contests the calculation of the actual loss ratio.
(b) If the commissioner contests the calculation of the
actual loss ratio, the commissioner shall state in writing the
grounds for contesting the calculation to the health maintenance organization.
(c) Any dispute regarding the calculation of the actual
loss ratio shall, upon written demand of either the commissioner or the health maintenance organization, be submitted
to hearing under chapters 48.04 and 34.05 RCW.
(6) If the actual loss ratio for the preceding calendar
year is less than the loss ratio standard established in
subsection (7) of this section, a remittance is due and the
following shall apply:
(a) The health maintenance organization shall calculate
a percentage of premium to be remitted to the Washington
state health insurance pool by subtracting the actual loss
ratio for the preceding year from the loss ratio established in
subsection (7) of this section.
(b) The remittance to the Washington state health
insurance pool is the percentage calculated in (a) of this
subsection, multiplied by the premium earned from each
enrollee in the previous calendar year. Interest shall be
added to the remittance due at a five percent annual rate
calculated from the end of the calendar year for which the
remittance is due to the date the remittance is made.
(c) All remittances shall be aggregated and such
amounts shall be remitted to the Washington state high risk
pool to be used as directed by the pool board of directors.
(d) Any remittance required to be issued under this
section shall be issued within thirty days after the actual loss
ratio is deemed approved under subsection (5)(a) of this
section or the determination by an administrative law judge
under subsection (5)(c) of this section.
(7) The loss ratio applicable to this section shall be
seventy-four percent minus the premium tax rate applicable
to the health maintenance organization’s individual health
benefit plans under RCW 48.14.0201. [2001 c 196 § 12;
2000 c 79 § 32.]
Effective date—2001 c 196: See note following RCW 48.20.025.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
48.46.064 Calculation of premiums—Adjusted
community rate—Definitions. (1) Premium rates for health
benefit plans for individuals shall be subject to the following
provisions:
[Title 48 RCW—page 304]
(a) The health maintenance organization shall develop
its rates based on an adjusted community rate and may only
vary the adjusted community rate for:
(i) Geographic area;
(ii) Family size;
(iii) Age;
(iv) Tenure discounts; and
(v) Wellness activities.
(b) The adjustment for age in (a)(iii) of this subsection
may not use age brackets smaller than five-year increments
which shall begin with age twenty and end with age sixtyfive. Individuals under the age of twenty shall be treated as
those age twenty.
(c) The health maintenance organization shall be
permitted to develop separate rates for individuals age sixtyfive or older for coverage for which medicare is the primary
payer and coverage for which medicare is not the primary
payer. Both rates shall be subject to the requirements of this
subsection.
(d) The permitted rates for any age group shall be no
more than four hundred twenty-five percent of the lowest
rate for all age groups on January 1, 1996, four hundred
percent on January 1, 1997, and three hundred seventy-five
percent on January 1, 2000, and thereafter.
(e) A discount for wellness activities shall be permitted
to reflect actuarially justified differences in utilization or cost
attributed to such programs not to exceed twenty percent.
(f) The rate charged for a health benefit plan offered
under this section may not be adjusted more frequently than
annually except that the premium may be changed to reflect:
(i) Changes to the family composition;
(ii) Changes to the health benefit plan requested by the
individual; or
(iii) Changes in government requirements affecting the
health benefit plan.
(g) For the purposes of this section, a health benefit plan
that contains a restricted network provision shall not be
considered similar coverage to a health benefit plan that does
not contain such a provision, provided that the restrictions of
benefits to network providers result in substantial differences
in claims costs. This subsection does not restrict or enhance
the portability of benefits as provided in RCW 48.43.015.
(h) A tenure discount for continuous enrollment in the
health plan of two years or more may be offered, not to
exceed ten percent.
(2) Adjusted community rates established under this
section shall pool the medical experience of all individuals
purchasing coverage, and shall not be required to be pooled
with the medical experience of health benefit plans offered
to small employers under RCW 48.46.066.
(3) As used in this section and RCW 48.46.066, "health
benefit plan," "adjusted community rate," "small employer,"
and "wellness activities" mean the same as defined in RCW
48.43.005. [2000 c 79 § 33; 1997 c 231 § 209; 1995 c 265
§ 17.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Short title—Part headings and captions not law—Severability—
Effective dates—1997 c 231: See notes following RCW 48.43.005.
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
(2002 Ed.)
Health Maintenance Organizations
48.46.066 Mandatory offering providing basic
health plan benefits for employers with fewer than
twenty-five employees—Exemption from statutory
requirements—Premium rates—Requirements for
providing coverage for small employers. (1)(a) A health
maintenance organization offering any health benefit plan to
a small employer shall offer and actively market to the small
employer a health benefit plan providing benefits identical to
the schedule of covered health services that are required to
be delivered to an individual enrolled in the basic health
plan. Nothing in this subsection shall preclude a health
maintenance organization from offering, or a small employer
from purchasing, other health benefit plans that may have
more or less comprehensive benefits than the basic health
plan, provided such plans are in accordance with this
chapter. A health maintenance organization offering a health
benefit plan that does not include benefits in the basic health
plan shall clearly disclose these differences to the small
employer in a brochure approved by the commissioner.
(b) A health benefit plan shall provide coverage for
hospital expenses and services rendered by a physician
licensed under chapter 18.57 or 18.71 RCW but is not subject to the requirements of RCW 48.46.275, 48.46.280,
48.46.285, 48.46.290, 48.46.350, 48.46.355, 48.46.375,
48.46.440, 48.46.480, 48.46.510, 48.46.520, and 48.46.530
if: (i) The health benefit plan is the mandatory offering
under (a) of this subsection that provides benefits identical
to the basic health plan, to the extent these requirements
differ from the basic health plan; or (ii) the health benefit
plan is offered to employers with not more than twenty-five
employees.
(2) Nothing in this section shall prohibit a health
maintenance organization from offering, or a purchaser from
seeking, benefits in excess of the basic health plan services.
All forms, policies, and contracts shall be submitted for
approval to the commissioner, and the rates of any plan
offered under this section shall be reasonable in relation to
the benefits thereto.
(3) Premium rates for health benefit plans for small
employers as defined in this section shall be subject to the
following provisions:
(a) The health maintenance organization shall develop
its rates based on an adjusted community rate and may only
vary the adjusted community rate for:
(i) Geographic area;
(ii) Family size;
(iii) Age; and
(iv) Wellness activities.
(b) The adjustment for age in (a)(iii) of this subsection
may not use age brackets smaller than five-year increments,
which shall begin with age twenty and end with age sixtyfive. Employees under the age of twenty shall be treated as
those age twenty.
(c) The health maintenance organization shall be
permitted to develop separate rates for individuals age sixtyfive or older for coverage for which medicare is the primary
payer and coverage for which medicare is not the primary
payer. Both rates shall be subject to the requirements of this
subsection (3).
(d) The permitted rates for any age group shall be no
more than four hundred twenty-five percent of the lowest
rate for all age groups on January 1, 1996, four hundred
(2002 Ed.)
48.46.066
percent on January 1, 1997, and three hundred seventy-five
percent on January 1, 2000, and thereafter.
(e) A discount for wellness activities shall be permitted
to reflect actuarially justified differences in utilization or cost
attributed to such programs not to exceed twenty percent.
(f) The rate charged for a health benefit plan offered
under this section may not be adjusted more frequently than
annually except that the premium may be changed to reflect:
(i) Changes to the enrollment of the small employer;
(ii) Changes to the family composition of the employee;
(iii) Changes to the health benefit plan requested by the
small employer; or
(iv) Changes in government requirements affecting the
health benefit plan.
(g) Rating factors shall produce premiums for identical
groups that differ only by the amounts attributable to plan
design, with the exception of discounts for health improvement programs.
(h) For the purposes of this section, a health benefit plan
that contains a restricted network provision shall not be
considered similar coverage to a health benefit plan that does
not contain such a provision, provided that the restrictions of
benefits to network providers result in substantial differences
in claims costs. This subsection does not restrict or enhance
the portability of benefits as provided in RCW 48.43.015.
(i) Adjusted community rates established under this
section shall pool the medical experience of all groups
purchasing coverage.
(4) The health benefit plans authorized by this section
that are lower than the required offering shall not supplant
or supersede any existing policy for the benefit of employees
in this state. Nothing in this section shall restrict the right
of employees to collectively bargain for insurance providing
benefits in excess of those provided herein.
(5)(a) Except as provided in this subsection, requirements used by a health maintenance organization in determining whether to provide coverage to a small employer
shall be applied uniformly among all small employers
applying for coverage or receiving coverage from the carrier.
(b) A health maintenance organization shall not require
a minimum participation level greater than:
(i) One hundred percent of eligible employees working
for groups with three or less employees; and
(ii) Seventy-five percent of eligible employees working
for groups with more than three employees.
(c) In applying minimum participation requirements with
respect to a small employer, a small employer shall not
consider employees or dependents who have similar existing
coverage in determining whether the applicable percentage
of participation is met.
(d) A health maintenance organization may not increase
any requirement for minimum employee participation or
modify any requirement for minimum employer contribution
applicable to a small employer at any time after the small
employer has been accepted for coverage.
(6) A health maintenance organization must offer
coverage to all eligible employees of a small employer and
their dependents. A health maintenance organization may
not offer coverage to only certain individuals or dependents
in a small employer group or to only part of the group. A
health maintenance organization may not modify a health
plan with respect to a small employer or any eligible
[Title 48 RCW—page 305]
48.46.066
Title 48 RCW: Insurance
employee or dependent, through riders, endorsements or
otherwise, to restrict or exclude coverage or benefits for
specific diseases, medical conditions, or services otherwise
covered by the plan. [1995 c 265 § 18; 1990 c 187 § 4.]
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
Finding—Intent—Severability—1990 c 187: See notes following
RCW 48.21.045.
48.46.068 Requirements for plans offered to small
employers—Definitions. (1) No health maintenance
organization shall offer any health benefit plan to any small
employer without complying with the provisions of *RCW
48.46.066(5).
(2) Employers purchasing health plans provided through
associations or through member-governed groups formed
specifically for the purpose of purchasing health care shall
not be considered small employers and such plans shall not
be subject to the provisions of *RCW 48.46.066(5).
(3) For purposes of this section, "health benefit plan,"
"health plan," and "small employer" mean the same as
defined in RCW 48.43.005. [1995 c 265 § 24.]
*Reviser’s note: Reference was inadvertently changed during the bill
drafting process. The correct reference should be RCW 48.46.066(3).
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
48.46.070 Governing body. (1) The members of the
governing body of a health maintenance organization shall
be nominated by the voting members or by the enrolled
participants and providers, and shall be elected by the
enrolled participants or voting members pursuant to the
provisions of their bylaws, which shall not be restricted to
providers. At least one-third of such body shall consist of
consumers who are substantially representative of the enrolled population of such organization: PROVIDED,
HOWEVER, That any organization that is a qualified health
maintenance organization under P.L. 93-222 (Title XIII,
section 1310(d) of the public health services act) is deemed
to have satisfied these governing body requirements and the
requirements of RCW 48.46.030(2).
(2) For health maintenance organizations formed by
public institutions of higher education or public hospital
districts, the governing body shall be advised by an advisory
board consisting of at least two-thirds consumers who are
elected by the voting members or the enrolled participants
and are substantially representative of the enrolled population. [1985 c 320 § 3; 1983 c 106 § 5; 1975 1st ex.s. c 290
§ 8.]
48.46.080 Annual statement—Filings—Contents—
Fee—Penalty for failure to file—Accuracy required. (1)
Every health maintenance organization shall annually, before
the first day of March, file with the commissioner a statement verified by at least two of the principal officers of the
health maintenance organization showing its financial
condition as of the last day of the preceding calendar year.
(2) Such annual report shall be in such form as the
commissioner shall prescribe and shall include:
(a) A financial statement of such organization, including
its balance sheet and receipts and disbursements for the
preceding year, which reflects at a minimum;
[Title 48 RCW—page 306]
(i) All prepayments and other payments received for
health care services rendered pursuant to health maintenance
agreements;
(ii) Expenditures to all categories of health care facilities, providers, insurance companies, or hospital or medical
service plan corporations with which such organization has
contracted to fulfill obligations to enrolled participants
arising out of its health maintenance agreements, together
with all other direct expenses including depreciation,
enrollment, and commission; and
(iii) Expenditures for capital improvements, or additions
thereto, including but not limited to construction, renovation,
or purchase of facilities and capital equipment;
(b) The number of participants enrolled and terminated
during the report period. Every employer offering health
care benefits to their employees through a group contract
with a health maintenance organization shall furnish said
health maintenance organization with a list of their employees enrolled under such plan;
(c) The number of doctors by type of practice who,
under contract with or as an employee of the health maintenance organization, furnished health care services to consumers during the past year;
(d) A report of the names and addresses of all officers,
directors, or trustees of the health maintenance organization
during the preceding year, and the amount of wages, expense
reimbursements, or other payments to such individuals for
services to such organization. For partnership and professional service corporations, a report shall be made for
partners or shareholders as to any compensation or expense
reimbursement received by them for services, other than for
services and expenses relating directly for patient care;
(e) Such other information relating to the performance
of the health maintenance organization or the health care
facilities or providers with which it has contracted as
reasonably necessary to the proper and effective administration of this chapter, in accordance with rules and regulations;
and
(f) Disclosure of any financial interests held by officers
and directors in any providers associated with the health
maintenance organization or any provider of the health
maintenance organization.
(3) The commissioner may for good reason allow a
reasonable extension of the time within which such annual
statement shall be filed.
(4) In addition to the requirements of subsections (1)
and (2) of this section, every health maintenance organization that is registered in this state shall annually, on or
before March 1st of each year, file with the national association of insurance commissioners a copy of its annual statement, along with those additional schedules as prescribed by
the commissioner for the preceding year. The information
filed with the national association of insurance commissioners shall be in the same format and scope as that required by
the commissioner and shall include the signed jurate page
and the actuarial certification. Any amendments and
addendums to the annual statement filing subsequently filed
with the commissioner shall also be filed with the national
association of insurance commissioners.
(5) Coincident with the filing of its annual statement
and other schedules, each health maintenance organization
shall pay a reasonable fee directly to the national association
(2002 Ed.)
Health Maintenance Organizations
of insurance commissioners in an amount approved by the
commissioner to cover the costs associated with the analysis
of the annual statement.
(6) Foreign health maintenance organizations that are
domiciled in a state that has a law substantially similar to
subsection (4) of this section are considered to be in compliance with this section.
(7) In the absence of actual malice, members of the
national association of insurance commissioners, their duly
authorized committees, subcommittees, and task forces, their
delegates, national association of insurance commissioners
employees, and all other persons charged with the responsibility of collecting, reviewing, analyzing, and dissimilating
the information developed from the filing of the annual
statement shall be acting as agents of the commissioner
under the authority of this section and shall not be subject to
civil liability for libel, slander, or any other cause of action
by virtue of their collection, review, analysis, or dissimilation
of the data and information collected for the filings required
under this section.
(8) The commissioner may suspend or revoke the
certificate of registration of any health maintenance organization failing to file its annual statement or pay the fees when
due or during any extension of time therefor which the
commissioner, for good cause, may grant.
(9) No person shall knowingly file with any public
official or knowingly make, publish, or disseminate any
financial statement of a health maintenance organization
which does not accurately state the health maintenance
organization’s financial condition. [1997 c 212 § 5; 1993 c
492 § 296. Prior: 1983 c 202 § 10; 1983 c 106 § 6; 1975
1st ex.s. c 290 § 9.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
48.46.090 Standard of services provided. A health
maintenance organization, and the health care facilities and
providers with which such organization has entered into
contracts to provide health care services to its enrolled participants, shall provide such services in a manner consistent
with the dignity of each enrolled participant as a human
being. [1975 1st ex.s. c 290 § 10.]
48.46.100 Grievance procedure. A health maintenance organization shall establish and maintain a grievance
procedure, approved by the commissioner, to provide reasonable and effective resolution of complaints initiated by
enrolled participants concerning any matter relating to the
interpretation of any provision of such enrolled participants’
health maintenance contracts, including, but not limited to,
claims regarding the scope of coverage for health care
services; denials, cancellations, or nonrenewals of enrolled
participants’ coverage; and the quality of the health care
services rendered, and which may include procedures for
arbitration. [1975 1st ex.s. c 290 § 11.]
48.46.110 Name restrictions—Discrimination—
Recovery of costs of health care services participant not
entitled to. (1) No health maintenance organization may
(2002 Ed.)
48.46.080
refer to itself in its name or advertising with any of the
words: "insurance", "casualty", "surety", "mutual", or any
other words descriptive of the insurance, casualty, or surety
business, or deceptively similar to the name or description of
any insurance or surety corporation or health care service
contractor or other health maintenance organization doing
business in this state.
(2) No health maintenance organization, nor any health
care facility or provider with which such organization has
contracted to provide health care services, shall discriminate
against any person from whom or on whose behalf, payment
to meet the required charge is available, with regard to
enrollment, disenrollment, or the provision of health care
services, on the basis of such person’s race, color, sex,
religion, place of residence if there is reasonable access to
the facility of the health maintenance organization, socioeconomic status, or status as a recipient of medicare under Title
XVIII of the Social Security Act, 42 U.S.C. section 1396, et
seq.
(3) Where a health maintenance organization determines
that an enrolled participant has received health care services
to which such enrolled participant is not entitled under the
terms of his health maintenance agreement, neither such
organization, nor any health care facility or provider with
which such organization has contracted to provide health
care services, shall have recourse against such enrolled
participant for any amount above the actual cost of providing
such service, if any, specified in such agreement, unless the
enrolled participant or a member of his family has given or
withheld information to the health maintenance organization,
the effect of which is to mislead or misinform the health
maintenance organization as to the enrolled participant’s
right to receive such services. [1983 c 202 § 11; 1975 1st
ex.s. c 290 § 12.]
48.46.120 Examination of health maintenance
organizations—Duties of organizations, powers of commissioner—Independent audit reports—Assessment of
organizations for costs, conditions. (1) The commissioner
may make an examination of the operations of any health
maintenance organization as often as he deems necessary in
order to carry out the purposes of this chapter.
(2) Every health maintenance organization shall submit
its books and records relating its operation for financial
condition and market conduct examinations and in every way
facilitate them. The quality or appropriateness of medical
services or systems shall not be examined except to the
extent that such items are incidental to an examination of the
financial condition or the market conduct of a health
maintenance organization. For the purpose of examinations,
the commissioner may issue subpoenas, administer oaths,
and examine the officers and principals of the health
maintenance organization and the principals of such providers concerning their business.
(3) The commissioner may elect to accept and rely on
audit reports made by an independent certified public
accountant for the health maintenance organization in the
course of that part of the commissioner’s examination
covering the same general subject matter as the audit. The
commissioner may incorporate the audit report in his report
of the examination.
[Title 48 RCW—page 307]
48.46.120
Title 48 RCW: Insurance
(4) Health maintenance organizations licensed in the
state shall be equitably assessed to cover the cost of financial
condition and market conduct examinations, the costs of
promulgating rules, and the costs of enforcing the provisions
of this chapter. The assessments shall be levied not less
frequently than once every twelve months and shall be in an
amount expected to fund the examinations, promulgation of
rules, and enforcement of the provisions of this chapter,
including a reasonable margin for cost variations. The
assessments shall be established by rules promulgated by the
commissioner but shall not exceed five and one-half cents
per month per person entitled to health care services pursuant to a health maintenance agreement, excluding such
persons who are not residents of this state: PROVIDED,
That the minimum fee shall be one thousand dollars.
Assessment receipts shall be deposited in the insurance
commissioner’s regulatory account in the state treasury; shall
be used for the purpose of funding the examinations authorized in subsection (1) of this section, the costs of promulgating rules, and the costs of enforcing the provisions of this
chapter; and shall be accounted for jointly with fees from
health care service contractors but separately from insurers.
Assessment receipts received from health maintenance
organizations shall be used to pay a pro rata share of the
costs, including overhead, of regulating health care service
contractors and health maintenance organizations. Amounts
remaining in the separate account at the end of a biennium
shall be applied to reduce the assessments in the succeeding
biennium. [1987 c 83 § 1; 1986 c 296 § 9; 1985 c 7 § 115;
1983 c 63 § 2; 1975 1st ex.s. c 290 § 13.]
Severability—Effective date—1986 c 296: See notes following
RCW 48.14.020.
48.46.130 Investigation of violations—Hearing—
Findings—Penalties—Order requiring compliance, etc.—
Suspension or revocation of certificate, effect—
Application to courts. (1) The commissioner may, consistent with the provisions of the administrative procedure act,
chapter 34.05 RCW, initiate proceedings to determine
whether a health maintenance organization has:
(a) Operated in a manner that materially violates its
organizational documents;
(b) Materially breached its obligation to furnish the
health care services specified in its contracts with enrolled
participants;
(c) Violated any provision of this chapter, or any rules
and regulations promulgated thereunder;
(d) Made any false statement with respect to any report
or statement required by this chapter or by the commissioner
under this chapter;
(e) Advertised or marketed, or attempted to market, its
services in such a manner as to misrepresent its services or
capacity for services, or engaged in deceptive, misleading, or
unfair practices with respect to advertising or marketing;
(f) Prevented the commissioner from the performance of
any duty imposed by this chapter; or
(g) Fraudulently procured or attempted to procure any
benefit under this chapter.
(2) After providing written notice and an opportunity for
a hearing to be scheduled no sooner than ten days following
such notice, the commissioner shall make administrative
findings and may, as appropriate:
[Title 48 RCW—page 308]
(a) Impose a penalty of not more than ten thousand
dollars for each and every unlawful act committed which
materially affects the health services offered or furnished;
(b) Issue an administrative order requiring the health
maintenance organization to:
(i) Cease or modify inappropriate conduct or practices
by it or any of the personnel employed or associated with it;
(ii) Fulfill its contractual obligations;
(iii) Provide a service which has been improperly
denied;
(iv) Take steps to provide or arrange for any service
which it has agreed to make available; or
(v) Abide by the terms of an arbitration proceeding, if
any;
(c) Suspend or revoke the certificate of authority of the
health maintenance organization:
(i) If its certificate of authority is suspended, the organization shall not, during the period of such suspension, enroll
any additional participants except newborn children or other
newly acquired dependents of existing enrolled participants,
and shall not engage in any advertising or solicitation
whatsoever;
(ii) If its certificate of authority is revoked, the organization shall proceed under the supervision of the commissioner immediately following the effective date of the order
of revocation to wind up its affairs, and shall conduct no
further business except as may be essential to the orderly
conclusion of such affairs: PROVIDED, That the commissioner may, by written order, permit such further operation
of the organization as it may find to be in the best interest
of enrolled participants, to the end that such enrolled
participants will be afforded the greatest practical opportunity to obtain continuing health care coverage: PROVIDED,
FURTHER, That if the organization is qualified to operate
as a health care service contractor under chapter 48.44 RCW,
it may continue to operate as such when it obtains the
appropriate license.
(3) The commissioner may apply to any court for such
legal or equitable relief as it deems necessary to effectively
carry out the purposes of this chapter, including, but not
limited to, an action in any court of competent jurisdiction
to enjoin any such acts or practices and to enforce compliance with this chapter or any rule or order hereunder. Upon
a proper showing a permanent or temporary injunction,
restraining order, or writ of mandamus shall be granted and
a receiver or conservator may be appointed for the defendant
or the defendant’s assets. The commissioner may not be
required to post a bond. [1975 1st ex.s. c 290 § 14.]
48.46.135 Fine in addition to or in lieu of suspension, revocation, or refusal. After hearing or upon stipulation by the registrant and in addition to or in lieu of the
suspension, revocation, or refusal to renew any registration
of a health maintenance organization, the commissioner may
levy a fine against the party involved for each offense in an
amount not less than fifty dollars and not more than ten
thousand dollars. The order levying such fine shall specify
the period within which the fine shall be fully paid and
which period shall not be less than fifteen nor more than
thirty days from the date of such order. Upon failure to pay
any such fine when due the commissioner shall revoke the
(2002 Ed.)
Health Maintenance Organizations
registration of the registrant, if not already revoked, and the
fine shall be recovered in a civil action brought on behalf of
the commissioner by the attorney general. Any fine so
collected shall be paid by the commissioner to the state
treasurer for the account of the general fund. [1983 c 202
§ 15.]
48.46.140 Fees. Every organization subject to this
chapter shall pay to the commissioner the following fees:
(1) For filing a copy of its application for a certificate
of registration or amendment thereto, one hundred dollars;
(2) For filing each annual report pursuant to RCW
48.46.080, ten dollars. [1975 1st ex.s. c 290 § 15.]
48.46.170 Effect of chapter as to other laws—
Construction. (1) Solicitation of enrolled participants by a
health maintenance organization granted a certificate of
registration, or its agents or representatives, shall not be construed to violate any provision of law relating to solicitation
or advertising by health professionals.
(2) Any health maintenance organization authorized
under this chapter shall not be deemed to be violating any
law prohibiting the practice by unlicensed persons of
podiatric medicine and surgery, chiropractic, dental hygiene,
opticianry, dentistry, optometry, osteopathic medicine and
surgery, pharmacy, medicine and surgery, physical therapy,
nursing, or psychology: PROVIDED, That this subsection
shall not be construed to expand a health professional’s
scope of practice or to allow employees of a health maintenance organization to practice as a health professional unless
licensed.
(3) Nothing contained in this chapter shall alter any
statutory obligation, or rule adopted thereunder, in chapter
70.38 or *70.39 RCW.
(4) Any health maintenance organization receiving a
certificate of registration pursuant to this chapter shall be
exempt from the provisions of chapter 48.05 RCW, but shall
be subject to *chapter 70.39 RCW. [1996 c 178 § 13; 1983
c 106 § 7; 1975 1st ex.s. c 290 § 18.]
*Reviser’s note: Chapter 70.39 RCW was repealed by 1982 c 223
§ 10, effective June 30, 1990.
Effective date—1996 c 178: See note following RCW 18.35.110.
48.46.180 Duty of employer to inform and make
available to employees option of enrolling in health
maintenance organization. (1) The state government, or
any political subdivision thereof, which offers its employees
a health benefits plan shall make available to and inform its
employees or members of the option to enroll in at least one
health maintenance organization holding a valid certificate of
authority which provides health care services in the geographic areas in which such employees or members reside.
(2) Each employer, public or private, having more than
fifty employees in this state which offers its employees a
health benefits plan, and each employee benefits fund in this
state having more than fifty members which offers its
members any form of health benefits shall make available to
and inform its employees or members of the option to enroll
in at least one health maintenance organization holding a
valid certificate of authority which provides health care
services in the geographic areas in which a substantial
(2002 Ed.)
48.46.135
number of such employees or members reside: PROVIDED,
That unless at least twenty-five employees agree to participate in a health maintenance organization the employer need
not provide such an option: PROVIDED FURTHER, That
where such employees are members of a bona fide bargaining unit covered by a labor-management collective bargaining agreement, the selection of the options required by
this section may be specified in such agreement: AND
PROVIDED FURTHER, That the provisions of this section
shall not be mandatory where such members are covered by
a Taft-Hartley health care trust, except that the labormanagement trustees may contract with a health maintenance
organization if a feasibility study determines it is to the advantage of the members to so contract.
(3) Subsections (1) and (2) of this section shall impose
no responsibilities or duties upon state government or any
political subdivision thereof or any other employer, either
public or private, to provide health maintenance organization
coverage when no health maintenance organization exists for
the purpose of providing health care services in the geographic areas in which the employees or members reside.
(4) No employer in this state shall in any way be
required to pay more for health benefits as a result of the
application of this section than would otherwise be required
by any prevailing collective bargaining agreement or other
legally enforceable contract of obligation for the provision of
health benefits between such employer and its employees.
[1975 1st ex.s. c 290 § 19.]
48.46.190 Payroll deductions for capitation payments to health maintenance organizations. See RCW
41.04.233.
48.46.200 Rules and regulations. The commissioner
may, in accordance with the provisions of the administrative
procedure act, chapter 34.05 RCW, promulgate rules and
regulations as necessary or proper to carry out the provisions
of this chapter. Nothing in this chapter shall be construed to
prohibit the commissioner from requiring changes in procedures previously approved by him. [1975 1st ex.s. c 290 §
21.]
48.46.210 Compliance with federal funding requirements—Construction. Nothing in this chapter shall prohibit
any health maintenance organization from meeting the
requirements of any federal law which would authorize such
health maintenance organization to receive federal financial
assistance or enroll beneficiaries assisted by federal funds.
[1975 1st ex.s. c 290 § 22.]
48.46.220 Review of administrative action. Any
party aggrieved by a decision, order, or regulation made
under this chapter by the commissioner shall have the right
to have such reviewed pursuant to the provisions of the
administrative procedure act, chapter 34.05 RCW. [1975 1st
ex.s. c 290 § 23.]
48.46.225 Financial failure—Supervision of commissioner—Priority of distribution of assets. (1) Any
rehabilitation, liquidation, or conservation of a health
maintenance organization shall be deemed to be the rehabili[Title 48 RCW—page 309]
48.46.225
Title 48 RCW: Insurance
tation, liquidation, or conservation of an insurance company
and shall be conducted under the supervision of the commissioner pursuant to the law governing the rehabilitation,
liquidation, or conservation of insurance companies. The
commissioner may apply for an order directing the commissioner to rehabilitate, liquidate, or conserve a health maintenance organization upon any one or more grounds set out in
RCW 48.31.030, 48.31.050, and 48.31.080. Enrolled participants shall have the same priority in the event of liquidation
or rehabilitation as the law provides to policyholders of an
insurer.
(2) For purposes of determining the priority of distribution of general assets, claims of enrolled participants and
enrolled participants’ beneficiaries shall have the same
priority as established by RCW 48.31.280 for policyholders
and beneficiaries of insureds of insurance companies. If an
enrolled participant is liable to any provider for services
provided pursuant to and covered by the health maintenance
agreement, that liability shall have the status of an enrolled
participant claim for distribution of general assets.
(3) A provider who is obligated by statute or agreement
to hold enrolled participants harmless from liability for
services provided pursuant to and covered by a health care
plan shall have a priority of distribution of the general assets
immediately following that of enrolled participants and
enrolled participants’ beneficiaries as described herein, and
immediately proceeding the priority of distribution described
in *RCW 48.31.280(2)(e). [1990 c 119 § 4.]
*Reviser’s note: RCW 48.31.280 was amended by 1993 c 462 § 83
which deleted subsection (2)(e).
48.46.235 Minimum net worth—Requirement to
maintain—Determination of amount. (1) Except as
provided in subsection (2) of this section, every health maintenance organization must have and maintain a minimum net
worth equal to the greater of:
(a) Three million dollars; or
(b) Two percent of annual premium earned as reported
on the most recent annual financial statement filed with the
commissioner on the first one hundred fifty million dollars
of premium and one percent of annual premium on the
premium in excess of one hundred fifty million dollars; or
(c) An amount equal to the sum of three months’
uncovered expenditures as reported on the most recent
financial statement filed with the commissioner.
(2) A health maintenance organization registered before
July 27, 1997, that, on July 27, 1997, has a minimum net
worth equal to or greater than that required by subsection (1)
of this section must continue to have and maintain the
minimum net worth required by subsection (1) of this
section. A health maintenance organization registered before
July 27, 1997, that, on July 27, 1997, does not have the
minimum net worth required by subsection (1) of this section
must have and maintain a minimum net worth of:
(a) The amount required immediately prior to July 27,
1997, until December 31, 1997;
(b) Fifty percent of the amount required by subsection
(1) of this section by December 31, 1997;
(c) Seventy-five percent of the amount required by
subsection (1) of this section by December 31, 1998; and
(d) One hundred percent of the amount required by
subsection (1) of this section by December 31, 1999.
[Title 48 RCW—page 310]
(3)(a) In determining net worth, no debt shall be
considered fully subordinated unless the subordination clause
is in a form acceptable to the commissioner. An interest
obligation relating to the repayment of a subordinated debt
must be similarly subordinated.
(b) The interest expenses relating to the repayment of a
fully subordinated debt shall not be considered uncovered
expenditures.
(c) A subordinated debt incurred by a note meeting the
requirement of this section, and otherwise acceptable to the
commissioner, shall not be considered a liability and shall be
recorded as equity.
(4) Every health maintenance organization shall, when
determining liabilities, include an amount estimated in the
aggregate to provide for any unearned premium and for the
payment of all claims for health care expenditures that have
been incurred, whether reported or unreported, which are
unpaid and for which such organization is or may be liable,
and to provide for the expense of adjustment or settlement
of such claims.
Such liabilities shall be computed in accordance with
rules promulgated by the commissioner upon reasonable
consideration of the ascertained experience and character of
the health maintenance organization. [1997 c 212 § 6; 1990
c 119 § 5.]
48.46.237 Minimum net worth—Domestic or
foreign health maintenance organization. (1) For purposes
of this section:
(a) "Domestic health maintenance organization" means
a health maintenance organization formed under the laws of
this state; and
(b) "Foreign health maintenance organization" means a
health maintenance organization formed under the laws of
the United States, of a state or territory of the United States
other than this state, or of the District of Columbia.
(2) If the minimum net worth of a domestic health
maintenance organization falls below the minimum net worth
required by this chapter, the commissioner shall at once
ascertain the amount of the deficiency and serve notice upon
the domestic health maintenance organization to cure the
deficiency within ninety days after that service of notice.
(3) If the deficiency is not cured, and proof thereof filed
with the commissioner within the ninety-day period, the
domestic health maintenance organization shall be declared
insolvent and shall be proceeded against as authorized by
this code or the commissioner shall, consistent with chapters
48.04 and 34.05 RCW, suspend or revoke the registration of
the domestic health maintenance organization as being
hazardous to its subscribers and the people in this state.
(4) If the deficiency is not cured the domestic health
maintenance organization shall not issue or deliver any
health maintenance agreement after the expiration of the
ninety-day period.
(5) If the minimum net worth of a foreign health
maintenance organization falls below the minimum net worth
required by this chapter, the commissioner shall, consistent
with chapters 48.04 and 34.05 RCW, suspend or revoke the
foreign health maintenance organization’s registration as
being hazardous to its subscribers, enrollees, or the people in
this state. [1997 c 212 § 7.]
(2002 Ed.)
Health Maintenance Organizations
48.46.240 Funded reserve requirements. (1) Each
health maintenance organization obtaining a certificate of
registration from the commissioner shall provide and
maintain a funded reserve of one hundred fifty thousand
dollars. The funded reserve shall be deposited with the
commissioner or with any organization/trustee acceptable to
him in the form of cash, securities eligible for investment by
the health maintenance organization pursuant to chapter
48.13 RCW, approved surety bond or any combination of
these, and must equal or exceed one hundred fifty thousand
dollars. The funded reserve shall be established as an
assurance that the uncovered expenditure obligations of the
health maintenance organization to the enrolled participants
will be performed.
(2) All income from reserves on deposit with the
commissioner shall belong to the depositing health maintenance organization and shall be paid to it as it becomes
available.
(3) Any funded reserve required by this section shall be
considered an asset of the health maintenance organization
in determining the organization’s net worth.
(4) A health maintenance organization that has made a
securities deposit with the commissioner may, at its option,
withdraw the securities deposit or any part of the deposit
after first having deposited or provided in lieu thereof an
approved surety bond, a deposit of cash or securities, or any
combination of these or other deposits of equal amount and
value to that withdrawn. Any securities and surety bond
shall be subject to approval by the commissioner before
being substituted. [1990 c 119 § 6; 1985 c 320 § 4; 1982 c
151 § 3.]
Effective date—1982 c 151: See note following RCW 48.46.020.
48.46.243 Contract—Participant liability—
Commissioner’s review. (1) Subject to subsection (2) of
this section, every contract between a health maintenance
organization and its participating providers of health care
services shall be in writing and shall set forth that in the
event the health maintenance organization fails to pay for
health care services as set forth in the agreement, the
enrolled participant shall not be liable to the provider for any
sums owed by the health maintenance organization. Every
such contract shall provide that this requirement shall survive
termination of the contract.
(2) The provisions of subsection (1) of this section shall
not apply to emergency care from a provider who is not a
participating provider, to out-of-area services or, in exceptional situations approved in advance by the commissioner,
if the health maintenance organization is unable to negotiate
reasonable and cost-effective participating provider contracts.
(3)(a) Each participating provider contract form shall be
filed with the commissioner fifteen days before it is used.
(b) Any contract form not affirmatively disapproved
within fifteen days of filing shall be deemed approved,
except that the commissioner may extend the approval period
an additional fifteen days upon giving notice before the
expiration of the initial fifteen-day period. The commissioner may approve such a contract form for immediate use at
any time. Approval may be subsequently withdrawn for
cause.
(2002 Ed.)
48.46.240
(c) Subject to the right of the health maintenance
organization to demand and receive a hearing under chapters
48.04 and 34.05 RCW, the commissioner may disapprove
such a contract form if it is in any respect in violation of this
chapter or if it fails to conform to minimum provisions or
standards required by the commissioner by rule under
chapter 34.05 RCW.
(4) No participating provider, or agent, trustee, or
assignee thereof, may maintain an action against an enrolled
participant to collect sums owed by the health maintenance
organization. [1990 c 119 § 7.]
48.46.245 Plan for handling insolvency—
Commissioner’s review. Each health maintenance organization shall have a plan for handling insolvency which allows
for continuation of benefits for the duration of the agreement
period for which premiums have been paid and continuation
of benefits to members who are confined on the date of
insolvency in an inpatient facility until their discharge or
expiration of benefits. The commissioner shall approve such
a plan if it includes:
(1) Insurance to cover the expenses to be paid for
continued benefits after insolvency;
(2) Provisions in provider contracts that obligate the
provider to provide services for the duration of the period
after the health maintenance organization’s insolvency for
which premium payment has been made and until the
enrolled participants’ discharge from inpatient facilities;
(3) Use of insolvency reserves established under RCW
48.46.240;
(4) Acceptable letters of credit or approved surety
bonds; or
(5) Any other arrangements the commissioner and the
organization mutually agree are appropriate to assure that
benefits are continued. [1990 c 119 § 8.]
48.46.247 Insolvency—Commissioner’s duties—
Participants’ options—Allocation of coverage. (1)(a) In
the event of insolvency of a health care service contractor or
health maintenance organization and upon order of the
commissioner, all other carriers then having active enrolled
participants under a group plan with the affected agreement
holder that participated in the enrollment process with the
insolvent health care service contractor or health maintenance organization at a group’s last regular enrollment
period shall offer the eligible enrolled participants of the
insolvent health services contractor or health maintenance
organization the opportunity to enroll in an existing group
plan without medical underwriting during a thirty-day open
enrollment period, commencing on the date of the insolvency. Eligible enrolled participants shall not be subject to
preexisting condition limitations except to the extent that a
waiting period for a preexisting condition has not been
satisfied under the insolvent carrier’s group plan. An open
enrollment shall not be required where the agreement holder
participates in a self-insured, self-funded, or other health
plan exempt from commissioner rule, unless the plan
administrator and agreement holder voluntarily agree to offer
a simultaneous open enrollment and extend coverage under
the same enrollment terms and conditions as are applicable
to carriers under this title and rules adopted under this title.
[Title 48 RCW—page 311]
48.46.247
Title 48 RCW: Insurance
If an exempt plan was offered during the last regular open
enrollment period, then the carrier may offer the agreement
holder the same coverage as any self-insured plan or plans
offered by the agreement holder without regard to coverage,
benefit, or provider requirements mandated by this title for
the duration of the current agreement period.
(b) For purposes of this subsection only, the term
"carrier" means a health maintenance organization or a
health care service contractor. In the event of insolvency of
a carrier and if no other carrier has active enrolled participants under a group plan with the affected agreement
holder, or if the commissioner determines that the other
carriers lack sufficient health care delivery resources to
assure that health services will be available or accessible to
all of the group enrollees of the insolvent carrier, then the
commissioner shall allocate equitably the insolvent carrier’s
group agreements for these groups among all carriers that
operate within a portion of the insolvent carrier’s area, taking into consideration the health care delivery resources of
each carrier. Each carrier to which a group or groups are
allocated shall offer the agreement holder, without medical
underwriting, the carrier’s existing coverage that is most
similar to each group’s coverage with the insolvent carrier at
rates determined in accordance with the successor carrier’s
existing rating methodology. The eligible enrolled participants shall not be subject to preexisting condition limitations
except to the extent that a waiting period for a preexisting
condition has not been satisfied under the insolvent carrier’s
group plan. No offering by a carrier shall be required where
the agreement holder participates in a self-insured, selffunded, or other health plan exempt from commissioner rule.
The carrier may offer the agreement holder the same
coverage as any self-insured plan or plans offered by the
agreement holder without regard to coverage, benefit, or
provider requirements mandated by this title for the duration
of the current agreement period.
(2) The commissioner shall also allocate equitably the
insolvent carrier’s nongroup enrolled participants who are
unable to obtain coverage among all carriers that operate
within a portion of the insolvent carrier’s service area, taking
into consideration the health care delivery resources of the
carrier. Each carrier to which nongroup enrolled participants
are allocated shall offer the nongroup enrolled participants
the carrier’s existing comprehensive conversion plan, without
additional medical underwriting, at rates determined in
accordance with the successor carrier’s existing rating
methodology. The eligible enrolled participants shall not be
subject to preexisting condition limitations except to the
extent that a waiting period for a preexisting condition has
not been satisfied under the insolvent carrier’s plan.
(3) Any agreements covering participants allocated
pursuant to subsections (1)(b) and (2) of this section to
carriers pursuant to this section may be rerated after ninety
days of coverage.
(4) A limited health care service contractor shall not be
required to offer services other than its one limited health
care service to any enrolled participant of an insolvent
carrier. [1990 c 119 § 9.]
48.46.250 Coverage of dependent children—
Newborn infants, congenital anomalies—Notification
[Title 48 RCW—page 312]
period. (1) Any health maintenance agreement under this
chapter which provides coverage for dependent children of
the enrolled participant shall provide the same coverage for
newborn infants of the enrolled participant from and after the
moment of birth. Coverage provided under this section shall
include, but not be limited to, coverage for congenital
anomalies of such children from the moment of birth.
(2) If payment of an additional premium is required to
provide coverage for a child, the agreement may require that
notification of birth of a newly born child and payment of
the required premiums must be furnished to the health
maintenance organization. The notification period shall be
no less than sixty days from the date of birth. This subsection applies to agreements issued or renewed on or after
January 1, 1984. [1984 c 4 § 2; 1983 c 202 § 12.]
48.46.260 Individual health maintenance agreement—Return within ten days of delivery—Refunds—
Void from beginning. Every subscriber of an individual
health maintenance agreement may return the agreement to
the health maintenance organization or the agent through
whom it was purchased within ten days of its delivery to the
subscriber if, after examination of the agreement, the
subscriber is not satisfied with it for any reason. The health
maintenance organization shall refund promptly any fee paid
for the agreement. An additional ten percent penalty shall
be added to any premium refund due which is not paid
within thirty days of return of the policy to the health
maintenance organization or agent. Upon such return of the
agreement, it shall be void from the beginning and the
parties shall be in the same position as if no agreement had
been issued. Notice of the provisions of this section shall be
printed on the face of each such agreement or be attached
thereto. [1983 c 202 § 13.]
48.46.270 Financial interests of health maintenance
organization authorities, restricted—Exceptions, regulations. (1) No person having any authority in the investment
or disposition of the funds of a health maintenance organization and no officer or director of a health maintenance
organization shall accept, except for the health maintenance
organization, or be the beneficiary of any fee, brokerage,
gift, commission, or other emolument because of any sale of
health care service agreements or any investment, loan,
deposit, purchase, sale, payment, or exchange made by or for
the health maintenance organization, or be pecuniarily
interested therein in any capacity; except, that such a person
may procure a loan from the health maintenance organization
directly upon approval by two-thirds of its directors and
upon the pledge of securities eligible for the investment of
the health maintenance organization’s funds under this title.
(2) The commissioner may, by regulations, from time to
time, define and permit additional exceptions to the prohibition contained in subsection (1) of this section solely to
enable payment of reasonable compensation to a director
who is not otherwise an officer or employee of the health
maintenance organization, or to a corporation or firm in
which the director is interested, for necessary services
performed or sales or purchases made to or for the health
maintenance organization in the ordinary course of the health
maintenance organization’s business and in the usual private
(2002 Ed.)
Health Maintenance Organizations
professional or business capacity of the director or the
corporation or firm. [1985 c 320 § 5; 1983 c 202 § 14.]
48.46.270
services covered by the basic health plan, as required by
RCW 48.46.064 and 48.46.066. [1997 c 276 § 5.]
Effective date—1997 c 276: See note following RCW 41.05.185.
48.46.272 Diabetes coverage. The legislature finds
that diabetes imposes a significant health risk and tremendous financial burden on the citizens and government of the
state of Washington, and that access to the medically
accepted standards of care for diabetes, its treatment and
supplies, and self-management training and education is
crucial to prevent or delay the short and long-term complications of diabetes and its attendant costs.
(1) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Person with diabetes" means a person diagnosed by
a health care provider as having insulin using diabetes,
noninsulin using diabetes, or elevated blood glucose levels
induced by pregnancy; and
(b) "Health care provider" means a health care provider
as defined in RCW 48.43.005.
(2) All health benefit plans offered by health maintenance organizations, issued or renewed after January 1,
1998, shall provide benefits for at least the following
services and supplies for persons with diabetes:
(a) For health benefit plans that include coverage for
pharmacy services, appropriate and medically necessary
equipment and supplies, as prescribed by a health care
provider, that includes but is not limited to insulin, syringes,
injection aids, blood glucose monitors, test strips for blood
glucose monitors, visual reading and urine test strips, insulin
pumps and accessories to the pumps, insulin infusion
devices, prescriptive oral agents for controlling blood sugar
levels, foot care appliances for prevention of complications
associated with diabetes, and glucagon emergency kits; and
(b) For all health benefit plans, outpatient self-management training and education, including medical nutrition
therapy, as ordered by the health care provider. Diabetes
outpatient self-management training and education may be
provided only by health care providers with expertise in
diabetes. Nothing in this section prevents the health maintenance organization from restricting patients to seeing only
health care providers who have signed participating provider
agreements with the health maintenance organization or an
insuring entity under contract with the health maintenance
organization.
(3) Coverage required under this section may be subject
to customary cost-sharing provisions established for all other
similar services or supplies within a policy.
(4) Health care coverage may not be reduced or eliminated due to this section.
(5) Services required under this section shall be covered
when deemed medically necessary by the medical director,
or his or her designee, subject to any referral and formulary
requirements.
(6) The health maintenance organization need not
include the coverage required in this section in a group
contract offered to an employer or other group that offers to
its eligible enrollees a self-insured health plan not subject to
mandated benefits status under this title that does not offer
coverage similar to that mandated under this section.
(7) This section does not apply to the health benefit
plans that provide benefits identical to the schedule of
(2002 Ed.)
48.46.275 Mammograms—Insurance coverage.
Each health maintenance agreement issued or renewed after
January 1, 1990, that provides benefits for hospital or
medical care shall provide benefits for screening or diagnostic mammography services, provided that such services are
delivered upon the recommendation of the patient’s physician or advanced registered nurse practitioner as authorized
by the nursing care quality assurance commission pursuant
to chapter 18.79 RCW or physician assistant pursuant to
chapter 18.71A RCW.
All services must be provided by the health maintenance
organization or rendered upon referral by the health maintenance organization. This section shall not be construed to
prevent the application of standard agreement provisions
applicable to other benefits such as deductible or copayment
provisions. This section does not limit the authority of a
health maintenance organization to negotiate rates and
contract with specific providers for the delivery of mammography services. This section shall not apply to medicare
supplement policies or supplemental contracts covering a
specified disease or other limited benefits. [1994 sp.s. c 9
§ 735; 1989 c 338 § 4.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
48.46.280 Reconstructive breast surgery. (1) Any
health care service plan issued, amended, or renewed after
July 24, 1983, shall provide coverage for reconstructive
breast surgery resulting from a mastectomy which resulted
from disease, illness, or injury.
(2) Any health care service plan issued, amended, or
renewed after January 1, 1986, shall provide coverage for all
stages of one reconstructive breast reduction on the
nondiseased breast to make it equal in size with the diseased
breast after definitive reconstructive surgery on the diseased
breast has been performed. [1985 c 54 § 8; 1983 c 113 § 4.]
Effective date—1985 c 54: See note following RCW 48.20.397.
48.46.285 Mastectomy, lumpectomy. No health
maintenance organization under this chapter may refuse
coverage or cancel or decline coverage solely because of a
mastectomy or lumpectomy performed on the insured or
prospective insured more than five years previously. The
amount of benefits payable, or any term, rate, condition, or
type of coverage shall not be restricted, modified, excluded,
increased, or reduced solely on the basis of a mastectomy or
lumpectomy performed on the insured or prospective insured
more than five years previously. [1985 c 54 § 4.]
Effective date—1985 c 54: See note following RCW 48.20.397.
48.46.290 Mental health treatment, optional supplemental coverage—Waiver. (1) Each health maintenance
organization providing services or benefits for hospital or
medical care coverage in this state under group health
maintenance agreements which are issued, delivered, or
renewed in this state on or after July 1, 1986, shall offer
optional supplemental coverage for mental health treatment
[Title 48 RCW—page 313]
48.46.290
Title 48 RCW: Insurance
to the enrolled participant and the enrolled participant’s
covered dependents.
(2) Benefits shall be provided under the optional
supplemental coverage for mental health treatment whether
treatment is rendered by the health maintenance organization
or the health maintenance organization refers the enrolled
participant or the enrolled participant’s covered dependents
for treatment to: (a) A physician licensed under chapter
18.71 or 18.57 RCW; (b) a psychologist licensed under
chapter 18.83 RCW; (c) a community mental health agency
licensed by the department of social and health services
pursuant to chapter 71.24 RCW; or (d) a state hospital as
defined in RCW 72.23.010. The treatment shall be covered
at the usual and customary rates for such treatment. The
insurer, health care service contractor, or health maintenance
organization providing optional coverage under the provisions of this section for mental health services may establish
separate usual and customary rates for services rendered by
physicians licensed under chapter 18.71 or 18.57 RCW,
psychologists licensed under chapter 18.83 RCW, and
community mental health centers licensed under chapter
71.24 RCW and state hospitals as defined in RCW
72.23.010. However, the treatment may be subject to
contract provisions with respect to reasonable deductible
amounts or copayments. In order to qualify for coverage
under this section, a licensed community mental health
agency shall have in effect a plan for quality assurance and
peer review, and the treatment shall be supervised by a
physician licensed under chapter 18.71 or 18.57 RCW or by
a psychologist licensed under chapter 18.83 RCW.
(3) The group health maintenance agreement may
provide that all the coverage for mental health treatment is
waived for all covered members if the contract holder so
states in advance in writing to the health maintenance
organization.
(4) This section shall not apply to a group health
maintenance agreement that has been entered into in accordance with a collective bargaining agreement between
management and labor representatives prior to March 1,
1987. [1987 c 283 § 5; 1986 c 184 § 4; 1983 c 35 § 3.]
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
Legislative intent—Effective date—Severability—1986 c 184: See
notes following RCW 48.21.240.
Effective date—Severability—1983 c 35: See notes following RCW
48.21.240.
48.46.292 Mental health treatment—Waiver of
preauthorization for persons involuntarily committed. A
health maintenance organization providing services or
benefits for hospital or medical care coverage in this state
shall waive a preauthorization from the health maintenance
organization before an enrolled participant or the enrolled
participant’s covered dependents receive mental health treatment rendered by a state hospital as defined in RCW
72.23.010 if the enrolled participant or the enrolled
participant’s covered dependents are involuntarily committed
to a state hospital as defined in RCW 72.23.010. [1993 c
272 § 5.]
Savings—Severability—1993 c 272: See notes following RCW
43.20B.347.
[Title 48 RCW—page 314]
48.46.300 Future dividends or refunds, restricted—
Issuance or sale of securities regulated. (1) No health
maintenance organization nor any individual acting in behalf
thereof may guarantee or agree to the payment of future
dividends or future refunds of unused charges or savings in
any specific or approximate amounts or percentages in
respect to any contract being offered to the public, except in
a group contract containing an experience refund provision.
(2) The issuance, sale, or offer for sale in this state of
securities of its own issue by any health maintenance
organization domiciled in this state other than the memberships and bonds of a nonprofit corporation are subject to the
provisions of chapter 48.06 RCW relating to obtaining
solicitation permits. [1983 c 106 § 8.]
48.46.310 Registration not endorsement. The
granting of a certificate of registration to a health maintenance organization is permissive only, and does not constitute an endorsement by the insurance commissioner of any
person or thing related to the health maintenance organization, and no person may advertise or display a certificate of
registration for use as an inducement in any solicitation.
[1983 c 106 § 9.]
48.46.320 Dependent children, termination of
coverage, conditions. Any health maintenance agreement
which provides that coverage of a dependent child shall
terminate upon attainment of the limiting age for dependent
children specified in the agreement shall also provide in
substance that attainment of such limiting age shall not
operate to terminate the coverage of such child while the
child is and continues to be both: (1) Incapable of selfsustaining employment by reason of developmental disability
or physical handicap; and (2) chiefly dependent upon the
subscriber for support and maintenance, if proof of such
incapacity and dependency is furnished to the health maintenance organization by the enrolled participant within thirtyone days of the child’s attainment of the limiting age and
subsequently as required by the health maintenance organization but not more frequently than annually after the two-year
period following the child’s attainment of the limiting age.
[1985 c 320 § 6; 1983 c 106 § 10.]
48.46.340 Return of agreement within ten days.
Every subscriber of an individual health maintenance
agreement may return the agreement to the health maintenance organization or the agent through whom it was
purchased within ten days of its delivery to the subscriber if,
after examination of the agreement, the subscriber is not
satisfied with it for any reason. The health maintenance
organization shall refund promptly any fee paid for the
agreement. Upon such return of the agreement, it shall be
void from the beginning and the parties shall be in the same
position as if no agreement had been issued. Notice of the
substance of this section shall be printed on the face of each
such agreement or be attached thereto. [1983 c 106 § 12.]
48.46.350 Chemical dependency treatment. Each
group agreement for health care services that is delivered or
issued for delivery or renewed on or after January 1, 1988,
shall contain provisions providing benefits for the treatment
(2002 Ed.)
Health Maintenance Organizations
of chemical dependency rendered to covered persons by a
provider which is an "approved treatment facility or program" under *RCW 70.96A.020(3): PROVIDED, That this
section does not apply to any agreement written as supplemental coverage to any federal or state programs of health
care including, but not limited to, Title XVIII health insurance for the aged (commonly referred to as Medicare, Parts
A&B), and amendments thereto. Treatment shall be covered
under the chemical dependency coverage if treatment is
rendered by the health maintenance organization or if the
health maintenance organization refers the enrolled participant or the enrolled participant’s dependents to a physician
licensed under chapter 18.57 or 18.71 RCW, or to a qualified counselor employed by an approved treatment facility or
program described in *RCW 70.96A.020(3). In all cases, a
health maintenance organization shall retain the right to
diagnose the presence of chemical dependency and select the
modality of treatment that best serves the interest of the
health maintenance organization’s enrolled participant, or the
enrolled participant’s covered dependent. [1990 1st ex.s. c
3 § 14; 1987 c 458 § 18; 1983 c 106 § 13.]
*Reviser’s note: RCW 70.96A.020(3) defines "approved treatment
program."
Effective date—Severability—1987 c 458: See notes following
RCW 48.21.160.
Chemical dependency benefits, rules: RCW 48.21.197.
48.46.355 "Chemical dependency" defined. For the
purposes of RCW 48.46.350, "chemical dependency" means
an illness characterized by a physiological of psychological
dependency, or both, on a controlled substance regulated
under chapter 69.50 RCW and/or alcoholic beverages. It is
further characterized by a frequent or intense pattern of
pathological use to the extent the user exhibits a loss of selfcontrol over the amount and circumstances of use; develops
symptoms of tolerance or physiological and/or psychological
withdrawal if use of the controlled substance or alcoholic
beverage is reduced or discontinued; and the user’s health is
substantially impaired or endangered or his or her social or
economic function is substantially disrupted. [1987 c 458 §
19.]
Effective date—Severability—1987 c 458: See notes following
RCW 48.21.160.
48.46.360 Payment of cost of agreement directly to
holder during labor dispute—Changes restricted—Notice
to employee. Any employee whose compensation includes
a health maintenance agreement, the cost of which is paid in
full or in part by an employer including the state of Washington, its political subdivisions, or municipal corporations,
or paid by payroll deduction, may pay the cost as it becomes
due directly to the agreement holder whenever the
employee’s compensation is suspended or terminated directly
or indirectly as a result of a strike, lockout, or other labor
dispute, for a period not exceeding six months and at the
rate and coverages as the health maintenance agreement
provides. During that period of time, such agreement may
not be altered or changed. Nothing in this section impairs
the right of the health maintenance organization to make
normal decreases or increases in the cost of the health
maintenance agreement upon expiration and renewal of the
agreement, in accordance with the agreement. Thereafter, if
(2002 Ed.)
48.46.350
such health maintenance agreement is no longer available,
the employee shall be given the opportunity to convert as
specified in RCW 48.46.450 and 48.46.460. When the
employee’s compensation is so suspended or terminated, the
employee shall be notified immediately by the agreement
holder in writing, by mail addressed to the address last of
record with the agreement holder, that the employee may
pay the cost of the health maintenance agreement to the
agreement holder as it becomes due as provided in this
section. Payment must be made when due or the coverage
may be terminated by the health maintenance organization.
[1985 c 7 § 116; 1983 c 106 § 14.]
48.46.370 Coverage not denied for handicap. No
health maintenance organization may deny coverage to a
person solely on account of the presence of any sensory,
mental, or physical handicap. Nothing in this section may
be construed as limiting a health maintenance organization’s
authority to deny or otherwise limit coverage to a person
when the person because of a medical condition does not
meet the essential eligibility requirements established by the
health maintenance organization for purposes of determining
coverage for any person. [1983 c 106 § 15.]
48.46.375 Benefits for prenatal diagnosis of congenital disorders—Agreements entered into or renewed on or
after January 1, 1990. On or after January 1, 1990, every
group health maintenance agreement entered into or renewed
that covers hospital, medical, or surgical expenses and which
provides benefits for pregnancy, childbirth, or related
medical conditions to enrollees of such groups, shall offer
benefits for prenatal diagnosis of congenital disorders of the
fetus by means of screening and diagnostic procedures
during pregnancy to such enrollees when those services are
determined to be medically necessary by the health maintenance organization in accord with standards set in rule by
the board of health: PROVIDED, That such procedures
shall be covered only if rendered directly by the health
maintenance organization or upon referral by the health
maintenance organization. Every group health maintenance
organization shall communicate the availability of such
coverage to all groups covered and to all groups with whom
they are negotiating. [1988 c 276 § 8.]
Prenatal testing—Limitation on changes to coverage: RCW 48.42.090.
48.46.380 Notice of reason for cancellation, denial,
or refusal to renew agreement. Every authorized health
maintenance organization, upon canceling, denying, or
refusing to renew any individual health maintenance agreement, shall, upon written request, directly notify in writing
the applicant or enrolled participant as appropriate, of the
reasons for the action by the health maintenance organization. Any benefits, terms, rates, or conditions of such agreement which are restricted, excluded, modified, increased, or
reduced shall, upon written request, be set forth in writing
and supplied to the individual. The written communications
required by this section shall be phrased in simple language
which is readily understandable to a person of average
intelligence, education, and reading ability. [1993 c 492 §
291; 1983 c 106 § 16.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
[Title 48 RCW—page 315]
48.46.380
Title 48 RCW: Insurance
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
48.46.390 Providing information on cancellation or
refusal—No liability for insurance commissioner or
health maintenance organization. With respect to the
provisions of health maintenance agreements as set forth in
RCW 48.46.380, there shall be no liability on the part of,
and no cause of action of any nature shall arise against, the
insurance commissioner, the commissioner’s agents, or
members of the commissioner’s staff, or against any health
maintenance organization, its authorized representative, its
agents, its employees, for providing to the health maintenance organization information as to reasons for cancellation
or refusal to issue or renew, for libel or slander on the basis
of any statement made by any of them in any written notice
of cancellation or refusal to issue or renew, or in any other
communications, oral or written, specifying the reasons for
cancellation or refusal to issue or renew or the providing of
information pertaining thereto, or for statements made or
evidence submitted in any hearing conducted in connection
therewith. [1983 c 106 § 17.]
48.46.400 False or misleading advertising prohibited. No person may knowingly make, publish, or disseminate any false, deceptive, or misleading representation or
advertising in the conduct of the business of a health maintenance organization, or relative to the business of a health
maintenance organization or to any person engaged therein.
[1983 c 106 § 18.]
48.46.410 Misrepresentations to induce termination
or retention of agreement prohibited. No health maintenance organization nor any person representing a health
maintenance organization may by misrepresentation or
misleading comparisons induce or attempt to induce any
member of a health maintenance organization to terminate or
retain an agreement or membership in the organization.
[1983 c 106 § 19.]
48.46.420 Penalty for violations. (1) Any health
maintenance organization which, or person who, violates any
provision of this chapter shall be guilty of a gross misdemeanor.
(2) A health maintenance organization that fails to
comply with the net worth requirements of this chapter must
cure that defect in compliance with an order of the commissioner rendered in conformity with rules adopted pursuant to
chapter 34.05 RCW. The commissioner is authorized to take
appropriate action to assure that the continued operation of
the health maintenance organization will not be hazardous to
its enrolled participants. [1990 c 119 § 10; 1983 c 106 §
20.]
48.46.430 Enforcement authority of commissioner.
For the purposes of this chapter, the insurance commissioner
shall have the same powers and duties of enforcement as are
provided in RCW 48.02.080. [1983 c 106 § 21.]
[Title 48 RCW—page 316]
48.46.440 Continuation option to be offered. Every
health maintenance organization that issues agreements
providing group coverage for hospital or medical care shall
offer the agreement holder an option to include an agreement
provision granting a person who becomes ineligible for
coverage under the group agreement, the right to continue
the group benefits for a period of time and at a rate agreed
upon. The agreement provision shall provide that when such
coverage terminates the covered person may convert to an
agreement as provided in RCW 48.46.450. [1984 c 190 §
8.]
Legislative intent—Severability—1984 c 190: See notes following
RCW 48.21.250.
Application—1984 c 190 §§ 2, 5, and 8: See note following RCW
48.21.250.
48.46.450 Conversion agreement to be offered—
Exceptions, conditions. (1) Except as otherwise provided
by this section, any group health maintenance agreement
entered into or renewed on or after January 1, 1985, that
provides benefits for hospital or medical care shall contain
a provision granting a person covered by the group agreement the right to obtain a conversion agreement from the
health maintenance organization upon termination of the
person’s eligibility for coverage under the group agreement.
(2) A health maintenance organization need not offer a
conversion agreement to:
(a) A person whose coverage under the group agreement
ended when the person’s employment or membership was
terminated for misconduct: PROVIDED, That when a
person’s employment or membership is terminated for
misconduct, a conversion policy shall be offered to the
spouse and/or dependents of the terminated employee or
member. The policy shall include in the conversion provisions the same conversion rights and conditions which are
available to employees or members and their spouses and/or
dependents who are terminated for reasons other than
misconduct;
(b) A person who is eligible for federal Medicare
coverage; or
(c) A person who is covered under another group plan,
policy, contract, or agreement providing benefits for hospital
or medical care.
(3) To obtain the conversion agreement, a person must
submit a written application and the first premium payment
for the conversion agreement not later than thirty-one days
after the date the person’s eligibility for group coverage
terminates. The conversion agreement shall become effective without lapse of coverage, immediately following
termination of coverage under the group agreement.
(4) If a health maintenance organization or group
agreement holder does not renew, cancels, or otherwise
terminates the group agreement, the health maintenance
organization shall offer a conversion agreement to any
person who was covered under the terminated agreement
unless the person is eligible to obtain group benefits for
hospital or medical care within thirty-one days after such
nonrenewal, cancellation, or termination of the group
agreement.
(5) The health maintenance organization shall determine
the premium for the conversion agreement in accordance
with the organization’s table of premium rates applicable to
(2002 Ed.)
Health Maintenance Organizations
the age and class of risk of each person to be covered under
the agreement and the type and amount of benefits provided.
[1984 c 190 § 9.]
Legislative intent—Severability—1984 c 190: See notes following
RCW 48.21.250.
48.46.460 Conversion agreement—Restrictions and
requirements. (1) A health maintenance organization must
offer a conversion agreement for comprehensive health care
services and shall not require proof of insurability as a
condition for issuance of the conversion agreement.
(2) A conversion agreement may not contain an exclusion for preexisting conditions except to the extent that a
waiting period for a preexisting condition has not been
satisfied under the group agreement.
(3) A conversion agreement need not provide benefits
identical to those provided under the group agreement. The
conversion agreement may contain provisions requiring the
person covered by the conversion agreement to pay reasonable deductibles and copayments.
(4) The insurance commissioner shall adopt rules to
establish minimum benefit standards for conversion agreements.
(5) The commissioner shall adopt rules to establish
specific standards for conversion agreement provisions.
These rules may include but are not limited to:
(a) Terms of renewability;
(b) Nonduplication of coverage;
(c) Benefit limitations, exceptions, and reductions; and
(d) Definitions of terms. [1984 c 190 § 10.]
Legislative intent—Severability—1984 c 190: See notes following
RCW 48.21.250.
48.46.470 Endorsement of modifications. If an
individual health care service agreement is issued on any
basis other than as applied for, an endorsement setting forth
such modification must accompany and be attached to the
agreement. No agreement shall be effective unless the
endorsement is signed by the applicant, and a signed copy
thereof returned to the health maintenance organization.
[1985 c 320 § 7.]
48.46.480 Continuation of coverage of former
family members. Every health care service agreement
issued, amended, or renewed after January 1, 1986, for an
individual and his or her dependents shall contain provisions
to assure that the covered spouse and/or dependents, in the
event that any cease to be a qualified family member by
reason of termination of marriage or death of the principal
enrollee, shall have the right to continue the health maintenance agreement without a physical examination, statement
of health, or other proof of insurability. [1985 c 320 § 8.]
48.46.490 Coverage for adopted children. (1) Any
health maintenance agreement under this chapter which
provides coverage for dependent children, as defined in the
agreement of the enrolled participant, shall cover adoptive
children placed with the enrolled participant on the same
basis as other dependents, as provided in RCW 48.01.180.
(2) If payment of an additional premium is required to
provide coverage for a child, the agreement may require that
(2002 Ed.)
48.46.450
notification of placement of a child for adoption and payment of the required premium must be furnished to the
health maintenance organization. The notification period
shall be no less than sixty days from the date of placement.
[1986 c 140 § 5.]
Effective date, application—Severability—1986 c 140: See notes
following RCW 48.01.180.
48.46.500 Cancellation of rider. Upon application by
an enrollee, a rider shall be canceled if at least five years
after its issuance, no health care services have been received
by the enrollee during that time for the condition specified
in the rider, and a physician, selected by the carrier for that
purpose, agrees in writing to the full medical recovery of the
enrollee from that condition, such agreement not to be
unreasonably withheld. The option of the enrollee to apply
for cancellation shall be disclosed on the face of the rider in
clear and conspicuous language.
For purposes of this section, a rider is a legal document
that modifies a contract to exclude, limit, or reduce coverage
or benefits for specifically named or described preexisting
diseases or physical conditions. [1987 c 37 § 4.]
48.46.510 Phenylketonuria. (1) The legislature finds
that:
(a) Phenylketonuria is a rare inherited genetic disorder.
(b) Children with phenylketonuria are unable to metabolize an essential amino acid, phenylalanine, which is found
in the proteins of most food.
(c) To remain healthy, children with phenylketonuria
must maintain a strict diet and ingest a mineral and vitaminenriched formula.
(d) Children who do not maintain their diets with the
formula acquire severe mental and physical difficulties.
(e) Originally, the formulas were listed as prescription
drugs but were reclassified as medical foods to increase their
availability.
(2) Subject to requirements and exceptions which may
be established by rules adopted by the commissioner, any
agreement for health care services delivered or issued for
delivery or renewed in this state on or after September 1,
1988, shall provide coverage for the formulas necessary for
the treatment of phenylketonuria. Such formulas shall be
covered when deemed medically necessary by the medical
director or his or her designee of the health maintenance
organization and if provided by the health maintenance
organization or upon the health maintenance organization’s
referral. Formulas shall be covered at the usual and customary rates for such formulas, subject to contract provisions
with respect to deductible amounts or co-payments. [1988
c 173 § 4.]
48.46.520 Neurodevelopmental therapies—
Employer-sponsored group contracts. (1) Each employersponsored group contract for comprehensive health care
service which is entered into, or renewed, on or after twelve
months after July 23, 1989, shall include coverage for
neurodevelopmental therapies for covered individuals age six
and under.
(2) Benefits provided under this section shall cover the
services of those authorized to deliver occupational therapy,
[Title 48 RCW—page 317]
48.46.520
Title 48 RCW: Insurance
speech therapy, and physical therapy. Covered benefits and
treatment must be rendered or referred by the health maintenance organization, and delivered pursuant to the referral and
periodic review of a holder of a license issued pursuant to
chapter 18.71 or 18.57 RCW or where treatment is rendered
by such licensee. Nothing in this section shall prohibit a
health maintenance organization from negotiating rates with
qualified providers.
(3) Benefits provided under this section shall be for
medically necessary services as determined by the health
maintenance organization. Benefits shall be provided for the
maintenance of a covered enrollee in cases where significant
deterioration in the patient’s condition would result without
the service. Benefits shall be provided to restore and
improve function.
(4) It is the intent of this section that employers purchasing comprehensive group coverage including the benefits
required by this section, together with the health maintenance
organization, retain authority to design and employ utilization and cost controls. Therefore, benefits provided under
this section may be subject to contractual provisions regarding deductible amounts and/or copayments established by the
employer purchasing coverage and the health maintenance
organization. Benefits provided under this section may be
subject to standard waiting periods for preexisting conditions,
and may be subject to the submission of written treatment
plans.
(5) In recognition of the intent expressed in subsection
(4) of this section, benefits provided under this section may
be subject to contractual provisions establishing annual
and/or lifetime benefit limits. Such limits may define the
total dollar benefits available, or may limit the number of
services delivered as agreed by the employer purchasing
coverage and the health maintenance organization. [1989 c
345 § 3.]
48.46.530 Temporomandibular joint disorders—
Insurance coverage. (1) Except as provided in this section,
a health maintenance agreement entered into or renewed
after December 31, 1989, shall offer optional coverage for
the treatment of temporomandibular joint disorders.
(a) Health maintenance organizations offering medical
coverage only may limit benefits in such coverages to
medical services related to treatment of temporomandibular
joint disorders. No health maintenance organizations
offering medical and dental coverage may limit benefits in
such coverage to dental services related to treatment of
temporomandibular joint disorders. No health maintenance
organization offering medical coverage only may define all
temporomandibular joint disorders as purely dental in nature.
(b) Health maintenance organizations offering optional
temporomandibular joint disorder coverage as provided in
this section may, but are not required to, offer lesser or no
temporomandibular joint disorder coverage as part of their
basic group disability contract.
(c) Benefits and coverage offered under this section may
be subject to negotiation to promote broad flexibility in
potential benefit coverage. This flexibility shall apply to
services to be reimbursed, determination of treatments to be
considered medically necessary, systems through which
[Title 48 RCW—page 318]
services are to be provided, including referral systems and
use of other providers, and related issues.
(2) Unless otherwise directed by law, the insurance
commissioner shall adopt rules, to be implemented on
January 1, 1993, establishing minimum benefits, terms,
definitions, conditions, limitations, and provisions for the use
of reasonable deductibles and copayments.
(3) A health maintenance organization need not make
the offer of coverage required by this section to an employer
or other group that offers to its eligible enrollees a selfinsured health plan not subject to mandated benefit statutes
under Title 48 RCW that does not provide coverage for
temporomandibular joint disorders. [1989 c 331 § 4.]
Legislative finding—Effective date—1989 c 331: See notes
following RCW 48.21.320.
48.46.535 Prescriptions—Preapproval of individual
claims—Subsequent rejection prohibited—Written record
required. Health maintenance organizations who through an
authorized representative have first approved, by any means,
an individual prescription claim as eligible may not reject
that claim at some later date. Pharmacists or drug dispensing outlets who obtain preapproval of claims shall keep a
written record of the preapproval that consists of identification by name and telephone number of the person who
approved the claim. [1993 c 253 § 5.]
Findings—Effective date—1993 c 253: See notes following RCW
48.20.525.
48.46.540 Nonresident pharmacies. For the purposes
of this chapter, a nonresident pharmacy is defined as any
pharmacy located outside this state that ships, mails, or
delivers, in any manner, except when delivered in person to
an enrolled participant or his/her representative, controlled
substances, legend drugs, or devices into this state.
After October 1, 1991, a health maintenance organization providing coverage of prescription drugs from nonresident pharmacies may only provide coverage from licensed
nonresident pharmacies. The health maintenance organizations shall obtain proof of current licensure in conformity
with this section and RCW 18.64.350 through 18.64.400
from the nonresident pharmacy and keep that proof of
licensure on file.
The department may request from the health maintenance organization the proof of current licensure for all
nonresident pharmacies through which the insurer is providing coverage for prescription drugs for residents of the
state of Washington. This information, which may constitute
a full or partial customer list, shall be confidential and
exempt from public disclosure, and from the requirements of
chapter 42.17 RCW. The board or the department shall not
be restricted in the disclosure of the name of a nonresident
pharmacy that is or has been licensed under RCW 18.64.360
or 18.64.370 or of the identity of a nonresident pharmacy
disciplined under RCW 18.64.350 through 18.64.400. [1991
c 87 § 10.]
Effective date—1991 c 87: See note following RCW 18.64.350.
48.46.565 Foot care services. Except to the extent
that a health maintenance organization contracts with a group
medical practice which only treats that organization’s
(2002 Ed.)
Health Maintenance Organizations
patients, a health maintenance organization may not discriminate in the terms and conditions, including reimbursement,
for the provision of foot care services between physicians
and surgeons licensed under chapters 18.22, 18.57, and 18.71
RCW. [1999 c 64 § 1.]
Intent—1999 c 64: "This act is intended to be procedural and not to
impair the obligation of any existing contract." [1999 c 64 § 2.]
Severability—1999 c 64: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 c 64 § 3.]
48.46.570 Denturist services. Notwithstanding any
provision of any health maintenance organization agreement
covering dental care as provided for in this chapter, effective
January 1, 1995, benefits shall not be denied thereunder for
any service performed by a denturist licensed under chapter
18.30 RCW if (1) the service performed was within the
lawful scope of such person’s license, and (2) such agreement would have provided benefits if such service had been
performed by a dentist licensed under chapter 18.32 RCW.
[1995 c 1 § 25 (Initiative Measure No. 607, approved
November 8, 1994).]
Short title—Severability—1995 c 1 (Initiative Measure No. 607):
See RCW 18.30.900 and 18.30.901.
48.46.575 Doctor of osteopathic medicine and
surgery—Discrimination based on board certification is
prohibited. A health maintenance organization that provides
health care services to the general public may not discriminate against a qualified doctor of osteopathic medicine and
surgery licensed under chapter 18.57 RCW, who has applied
to practice with the health maintenance organization, solely
because that practitioner was board certified or eligible under
an approved osteopathic certifying board instead of board
certified or eligible respectively under an approved medical
certifying board. [1995 c 64 § 1.]
48.46.600 Disclosure of certain material transactions—Report—Information is confidential. (1) Every
health maintenance organization domiciled in this state shall
file a report with the commissioner disclosing material acquisitions and dispositions of assets or material nonrenewals,
cancellations, or revisions of ceded reinsurance agreements
unless these acquisitions and dispositions of assets or
material nonrenewals, cancellations, or revisions of ceded
reinsurance agreements have been submitted to the commissioner for review, approval, or information purposes under
other provisions of this title or other requirements.
(2) The report required in subsection (1) of this section
is due within fifteen days after the end of the calendar month
in which any of the transactions occur.
(3) One complete copy of the report, including any
exhibits or other attachments filed as part of the report, shall
be filed with the:
(a) Commissioner; and
(b) National association of insurance commissioners.
(4) All reports obtained by or disclosed to the commissioner under this section and RCW 48.46.605 through
48.46.625 are exempt from public inspection and copying
and shall not be subject to subpoena. These reports shall not
be made public by the commissioner, the national association
(2002 Ed.)
48.46.565
of insurance commissioners, or any other person, except to
insurance departments of other states, without the prior
written consent of the health maintenance organization to
which it pertains unless the commissioner, after giving the
health maintenance organization that would be affected by
disclosure notice and a hearing under chapter 48.04 RCW,
determines that the interest of policyholders, subscribers,
shareholders, or the public will be served by the publication,
in which event the commissioner may publish all or any part
of the report in the manner he or she deems appropriate.
[1995 c 86 § 19.]
48.46.605 Material acquisitions or dispositions. No
acquisitions or dispositions of assets need be reported
pursuant to RCW 48.46.600 if the acquisitions or dispositions are not material. For purposes of RCW 48.46.600
through 48.46.625, a material acquisition, or the aggregate of
any series of related acquisitions during any thirty-day
period; or disposition, or the aggregate of any series of
related dispositions during any thirty-day period is an
acquisition or disposition that is nonrecurring and not in the
ordinary course of business and involves more than five
percent of the reporting health maintenance organization’s
total assets as reported in its most recent statutory statement
filed with the commissioner. [1995 c 86 § 20.]
48.46.610 Asset acquisitions—Asset dispositions. (1)
Asset acquisitions subject to RCW 48.46.600 through
48.46.625 include every purchase, lease, exchange, merger,
consolidation, succession, or other acquisition other than the
construction or development of real property by or for the
reporting health maintenance organization or the acquisition
of materials for such purpose.
(2) Asset dispositions subject to RCW 48.46.600
through 48.46.625 include every sale, lease, exchange,
merger, consolidation, mortgage, hypothecation, abandonment, destruction, other disposition, or assignment, whether
for the benefit of creditors or otherwise. [1995 c 86 § 21.]
48.46.615 Report of a material acquisition or
disposition of assets—Information required. The following information is required to be disclosed in any report of
a material acquisition or disposition of assets:
(1) Date of the transaction;
(2) Manner of acquisition or disposition;
(3) Description of the assets involved;
(4) Nature and amount of the consideration given or
received;
(5) Purpose of or reason for the transaction;
(6) Manner by which the amount of consideration was
determined;
(7) Gain or loss recognized or realized as a result of the
transaction; and
(8) Names of the persons from whom the assets were
acquired or to whom they were disposed. [1995 c 86 § 22.]
48.46.620 Material nonrenewals, cancellations, or
revisions of ceded reinsurance agreements. (1) No
nonrenewals, cancellations, or revisions of ceded reinsurance
agreements need be reported under RCW 48.46.600 if the
nonrenewals, cancellations, or revisions are not material.
[Title 48 RCW—page 319]
48.46.620
Title 48 RCW: Insurance
For purposes of RCW 48.46.600 through 48.46.625, a
material nonrenewal, cancellation, or revision is one that
affects:
(a) More than fifty percent of a health maintenance
organization’s total reserve credit taken for business ceded,
on an annualized basis, as indicated in the health maintenance organization’s most recent annual statement;
(b) More than ten percent of a health maintenance
organization’s total cession when it is replaced by one or
more unauthorized reinsurers; or
(c) Previously established collateral requirements, when
they have been reduced or waived as respects one or more
unauthorized reinsurers representing collectively more than
ten percent of a total cession.
(2) However, a filing is not required if a health maintenance organization’s total reserve credit taken for business
ceded represents, on an annualized basis, less than ten
percent of the statutory reserve requirement prior to any
cession. [1995 c 86 § 23.]
48.46.625 Report of a material nonrenewal,
cancellation, or revision of ceded reinsurance
agreements—Information required. The following is
required to be disclosed in any report of a material
nonrenewal, cancellation, or revision of ceded reinsurance
agreements:
(1) The effective date of the nonrenewal, cancellation or
revision;
(2) The description of the transaction with an identification of the initiator;
(3) The purpose of or reason for the transaction; and
(4) If applicable, the identity of the replacement
reinsurers. [1995 c 86 § 24.]
48.46.900 Liberal construction. It is intended that
the provisions of this chapter shall be liberally construed to
accomplish the purposes provided for and authorized herein.
[1975 1st ex.s. c 290 § 24.]
48.46.910 Severability—1975 1st ex.s. c 290. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1975 1st ex.s. c 290 §
26.]
48.46.920 Short title. This 1975 amendatory act may
be known and cited as "The Washington Health Maintenance
Organization Act of 1975". [1975 1st ex.s. c 290 § 27.]
Chapter 48.47
MANDATED HEALTH BENEFITS
Sections
48.47.005
48.47.010
48.47.020
48.47.030
Legislative findings—Purpose.
Definitions.
Submission of mandated health benefit proposal—Review—
Benefit must be authorized by law.
Mandated health benefit proposal—Guidelines for assessing
impact—Inclusion of ad hoc review panels—Health care
authority.
[Title 48 RCW—page 320]
48.47.900
Severability—1997 c 412.
48.47.005 Legislative findings—Purpose. The
legislature finds that there is a continued interest in mandating certain health coverages or offering of health coverages
by health carriers; and that improved access to these health
care services to segments of the population which desire
them can provide beneficial social and health consequences
which may be in the public interest.
The legislature finds further, however, that the cost
ramifications of expanding health coverages is of continuing
concern; and that the merits of a particular mandated benefit
must be balanced against a variety of consequences which
may go far beyond the immediate impact upon the cost of
insurance coverage. The legislature hereby finds and
declares that a systematic review of proposed mandated
benefits, which explores all the ramifications of such
proposed legislation, will assist the legislature in determining
whether mandating a particular coverage or offering is in the
public interest. The purpose of this chapter is to establish a
procedure for the proposal, review, and determination of
mandated benefit necessity. [1997 c 412 § 1; 1984 c 56 §
1. Formerly RCW 48.42.060.]
48.47.010 Definitions. Unless otherwise specifically
provided, the definitions in this section apply throughout this
chapter.
(1) "Appropriate committees of the legislature" or
"committees" means nonfiscal standing committees of the
Washington state senate and house of representatives that
have jurisdiction over statutes that regulate health carriers,
health care facilities, health care providers, or health care
services.
(2) "Department" means the Washington state department of health.
(3) "Health care facility" or "facility" means hospices
licensed under chapter 70.127 RCW, hospitals licensed under
chapter 70.41 RCW, rural health care facilities as defined in
RCW 70.175.020, psychiatric hospitals licensed under
chapter 71.12 RCW, nursing homes licensed under chapter
18.51 RCW, community mental health centers licensed under
chapter 71.05 or 71.24 RCW, kidney disease treatment
centers licensed under chapter 70.41 RCW, ambulatory
diagnostic, treatment, or surgical facilities licensed under
chapter 70.41 RCW, drug and alcohol treatment facilities
licensed under chapter 70.96A RCW, and home health
agencies licensed under chapter 70.127 RCW, and includes
such facilities if owned and operated by a political subdivision or instrumentality of the state, and such other facilities
as required by federal law and implementing regulations.
(4) "Health care provider" or "provider" means:
(a) A person regulated under Title 18 or chapter 70.127
RCW, to practice health or health-related services or
otherwise practicing health care services in this state consistent with state law; or
(b) An employee or agent of a person described in (a)
of this subsection, acting in the course and scope of his or
her employment.
(5) "Health care service" or "service" means a service,
drug, or medical equipment offered or provided by a health
(2002 Ed.)
Mandated Health Benefits
care facility and a health care provider relating to the
prevention, cure, or treatment of illness, injury, or disease.
(6) "Health carrier" or "carrier" means a disability
insurer regulated under chapter 48.20 or 48.21 RCW, a
health care service contractor as defined in RCW 48.44.010,
a health maintenance organization as defined in RCW
48.46.020, plans operating under the state health care
authority under chapter 41.05 RCW, the state health insurance pool operating under chapter 48.41 RCW, and insuring
entities regulated in chapter 48.43 RCW.
(7) "Mandated health benefit," "mandated benefit," or
"benefit" means coverage or offering required by law to be
provided by a health carrier to: (a) Cover a specific health
care service or services; (b) cover treatment of a specific
condition or conditions; or (c) contract, pay, or reimburse
specific categories of health care providers for specific
services; however, it does not mean benefits established
pursuant to chapter 74.09, 41.05, or 70.47 RCW, or scope of
practice modifications pursuant to chapter 18.120 RCW.
[1997 c 412 § 2.]
48.47.020 Submission of mandated health benefit
proposal—Review—Benefit must be authorized by law.
Mandated health benefits shall be established as follows:
(1) Every person who, or organization that, seeks to
establish a mandated benefit shall, at least ninety days prior
to a regular legislative session, submit a mandated benefit
proposal to the appropriate committees of the legislature,
assessing the social impact, financial impact, and evidence
of health care service efficacy of the benefit in strict adherence to the criteria enumerated in RCW 48.47.030.
(2) The chair of a committee may request that the
department examine the proposal using the criteria set forth
in RCW 48.47.030, however, such request must be made no
later than nine months prior to a subsequent regular legislative session.
(3) To the extent that funds are appropriated for this
purpose, the department shall report to the appropriate
committees of the legislature on the appropriateness of
adoption no later than thirty days prior to the legislative
session during which the proposal is to be considered.
(4) Mandated benefits must be authorized by law.
[1997 c 412 § 3; 1989 1st ex.s. c 9 § 221; 1987 c 150 § 79;
1984 c 56 § 2. Formerly RCW 48.42.070.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Severability—1987 c 150: See RCW 18.122.901.
48.47.030 Mandated health benefit proposal—
Guidelines for assessing impact—Inclusion of ad hoc
review panels—Health care authority. (1) Based on the
availability of relevant information, the following criteria
shall be used to assess the impact of proposed mandated
benefits:
(a) The social impact: (i) To what extent is the benefit
generally utilized by a significant portion of the population?
(ii) To what extent is the benefit already generally available?
(iii) If the benefit is not generally available, to what extent
has its unavailability resulted in persons not receiving needed
services? (iv) If the benefit is not generally available, to
what extent has its unavailability resulted in unreasonable
(2002 Ed.)
48.47.010
financial hardship? (v) What is the level of public demand
for the benefit? (vi) What is the level of interest of collective bargaining agents in negotiating privately for inclusion
of this benefit in group contracts?
(b) The financial impact: (i) To what extent will the
benefit increase or decrease the cost of treatment or service?
(ii) To what extent will the coverage increase the appropriate
use of the benefit? (iii) To what extent will the benefit be
a substitute for a more expensive benefit? (iv) To what
extent will the benefit increase or decrease the administrative
expenses of health carriers and the premium and administrative expenses of policyholders? (v) What will be the impact
of this benefit on the total cost of health care services and on
premiums for health coverage? (vi) What will be the impact
of this benefit on costs for state-purchased health care? (vii)
What will be the impact of this benefit on affordability and
access to coverage?
(c) Evidence of health care service efficacy:
(i) If a mandatory benefit of a specific service is sought,
to what extent has there been conducted professionally
accepted controlled trials demonstrating the health consequences of that service compared to no service or an alternative service?
(ii) If a mandated benefit of a category of health care
provider is sought, to what extent has there been conducted
professionally accepted controlled trials demonstrating the
health consequences achieved by the mandated benefit of
this category of health care provider?
(iii) To what extent will the mandated benefit enhance
the general health status of the state residents?
(2) The department shall consider the availability of
relevant information in assessing the completeness of the
proposal.
(3) The department may supplement these criteria to
reflect new relevant information or additional significant
issues.
(4) The department shall establish, where appropriate, ad
hoc panels composed of related experts, and representatives
of carriers, consumers, providers, and purchasers to assist in
the proposal review process. Ad hoc panel members shall
serve without compensation.
(5) The health care authority shall evaluate the reasonableness and accuracy of cost estimates associated with the
proposed mandated benefit that are provided to the department by the proposer or other interested parties, and shall
provide comment to the department. Interested parties may,
in addition, submit data directly to the department. [1997 c
412 § 4; 1984 c 56 § 3. Formerly RCW 48.42.080.]
48.47.900 Severability—1997 c 412. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1997 c 412 § 7.]
[Title 48 RCW—page 321]
Chapter 48.48
Title 48 RCW: Insurance
Chapter 48.48
STATE FIRE PROTECTION
(Formerly: State fire marshal)
Sections
48.48.030
48.48.040
48.48.045
Examination of premises.
Standards of safety.
Schools—Standards for fire prevention and safety—Plan
reviews and construction inspections.
48.48.050 Removal of fire hazards—Appeal of order—Penalty.
48.48.060 Reports and investigation of fires—Police powers.
48.48.065 Statistical information and reports.
48.48.070 Examination of witnesses.
48.48.080 Criminal prosecutions.
48.48.090 Record of fires.
48.48.110 Annual report.
48.48.140 Smoke detection devices in dwelling units—Penalty.
48.48.150 Premises with guard animals—Registration, posting—Acts
permitted fire fighters—Liability for injury to fire fighters.
48.48.160 Hazardous liquid and gas pipeline accidents—Preparedness
of local first responders.
Director of fire protection, state fire protection policy board: RCW
43.43.932, 43.43.938.
Duties of chief of the Washington state patrol and director of fire protection:
agencies for care of children, expectant mothers, developmentally
disabled: RCW 74.15.050.
birthing centers: RCW 18.46.110.
nursing homes: RCW 18.51.140.
public fireworks displays: RCW 70.77.250.
Fire protection districts: Title 52 RCW.
Safety requirements as to doors, public buildings, and places of entertainment: RCW 70.54.070.
Transient accommodations, adoption of rules: RCW 70.62.290.
48.48.030 Examination of premises. (1) The chief of
the Washington state patrol, through the director of fire
protection or his or her authorized deputy, shall have
authority at all times of day and night, in the performance of
duties imposed by this chapter, to enter upon and examine
any building or premises where any fire has occurred and
other buildings and premises adjoining or near thereto.
(2) The chief of the Washington state patrol, through the
director of fire protection or his or her authorized deputy,
shall have authority at any reasonable hour to enter into any
public building or premises or any building or premises used
for public purposes to inspect for fire hazards. [1995 c 369
§ 25; 1986 c 266 § 67; 1985 c 470 § 17; 1947 c 79 § .33.03;
Rem. Supp. 1947 § 45.33.03.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1985 c 470: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 470 § 38.]
Effective date—1985 c 470: "This act shall take effect on January
1, 1986." [1985 c 470 § 40.]
48.48.040 Standards of safety. (1) The chief of the
Washington state patrol, through the director of fire protection or his or her authorized deputy, shall have authority to
enter upon all premises and into all buildings except private
dwellings for the purpose of inspection to ascertain if any
fire hazard exists, and to require conformance with minimum
standards for the prevention of fire and for the protection of
[Title 48 RCW—page 322]
life and property against fire and panic as to use of premises,
and may adopt by reference nationally recognized standards
applicable to local conditions.
(2) The chief of the Washington state patrol, through the
director of fire protection or his or her authorized deputy,
may, upon request by the chief fire official or the local
governing body or of taxpayers of such area, assist in the
enforcement of any such code. [1995 c 369 § 26; 1986 c
266 § 68; 1985 c 470 § 18; 1947 c 79 § .33.04; Rem. Supp.
1947 § 45.33.04.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—Effective date—1985 c 470: See notes following
RCW 48.48.030.
48.48.045 Schools—Standards for fire prevention
and safety—Plan reviews and construction inspections.
Nonconstruction standards relative to fire prevention and
safety for all schools under the jurisdiction of the superintendent of public instruction and state board of education shall
be established by the state fire protection board. The
director of fire protection shall make or cause to be made
plan reviews and construction inspections for all E-1
occupancies as may be necessary to insure compliance with
the state building code and standards for schools adopted
under chapter 19.27 RCW. Nothing in this section prohibits
the director of fire protection from delegating construction
inspection authority to any local jurisdiction. [1991 c 170 §
2; 1986 c 266 § 69; 1985 c 470 § 19; 1981 c 198 § 3; 1972
ex.s. c 70 § 1.]
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—Effective date—1985 c 470: See notes following
RCW 48.48.030.
48.48.050 Removal of fire hazards—Appeal of
order—Penalty. (1) If the chief of the Washington state
patrol, through the director of fire protection or his or her
authorized deputy, finds in any building or premises subject
to their inspection under this chapter, any combustible
material or flammable conditions or fire hazards dangerous
to the safety of the building, premises, or to the public, he
or she shall by written order require such condition to be
remedied, and such order shall forthwith be complied with
by the owner or occupant of the building or premises.
(2) An owner or occupant aggrieved by any such order
made by the chief of the Washington state patrol, through
the director of fire protection or his or her deputy, may
appeal such order pursuant to chapter 34.05 RCW. If the
order is confirmed, the order shall remain in force and be
complied with by the owner or occupant.
(3) Any owner or occupant failing to comply with any
such order not appealed from or with any order so confirmed
shall be punishable by a fine of not less than ten dollars nor
more than fifty dollars for each day such failure exists.
[1995 c 369 § 27; 1986 c 266 § 70; 1985 c 470 § 20; 1947
c 79 § .33.05; Rem. Supp. 1947 § 45.33.05.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—Effective date—1985 c 470: See notes following
RCW 48.48.030.
(2002 Ed.)
State Fire Protection
48.48.060 Reports and investigation of fires—Police
powers. (1) The responsibility for investigating the origin,
cause, circumstances, and extent of loss of all fires shall be
assigned as follows:
(a) Within any city or town, the chief of the fire
department;
(b) Within unincorporated areas of a county, the county
fire marshal, or other fire official so designated by the
county legislative authority.
(2) No fire marshal, or other person, may enter the
scene of an emergency until permitted by the officer in
charge of the emergency incident.
(3) Nothing shall prevent any city, town, county, or fire
protection district, or any combination thereof, from entering
into interlocal agreements to meet the responsibility required
by this section.
(4) When any fire investigation indicates that the cause
of the fire is determined to be suspicious or criminal in
nature, the person responsible for the fire investigation shall
immediately report the results of said investigation to the
local law enforcement agency and the chief of the Washington state patrol, through the state fire marshal.
(5) In addition to the responsibility imposed by this
section, any law enforcement agency, sheriff, or chief of
police may assist in the investigation of the origin, cause,
circumstances, and extent of loss of all fires within his or
her respective jurisdiction.
(6) The chief of the Washington state patrol, through the
director of fire protection or his or her deputy, may investigate any fire for the purpose of determining its cause, origin,
and the extent of the loss. The chief of the Washington state
patrol, through the director of fire protection or his or her
deputy, shall assist in the investigation of those fires of
criminal, suspected, or undetermined cause when requested
by the reporting agency. In the investigation of any fire of
criminal, suspected, or undetermined cause, the chief of the
Washington state patrol and the director of fire protection or
his or her deputy, are vested with police powers to enforce
the laws of this state. To exercise these powers, authorized
deputies must receive prior written authorization from the
chief of the Washington state patrol, through the director of
fire protection, and shall have completed a course of training
prescribed by the Washington state criminal justice training
commission. [1996 c 161 § 1; 1995 c 369 § 28; 1986 c 266
§ 71; 1985 c 470 § 21; 1981 c 104 § 1; 1980 c 181 § 1;
1947 c 79 § .33.06; Rem. Supp. 1947 § 45.33.06.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—Effective date—1985 c 470: See notes following
RCW 48.48.030.
48.48.065 Statistical information and reports. (1)
The chief of each organized fire department, or the sheriff or
other designated county official having jurisdiction over
areas not within the jurisdiction of any fire department, shall
report statistical information and data to the chief of the
Washington state patrol, through the director of fire protection, on each fire occurring within the official’s jurisdiction
and, within two business days, report any death resulting
from fire. Reports shall be consistent with the national fire
incident reporting system developed by the United States fire
(2002 Ed.)
48.48.060
administration and rules established by the chief of the
Washington state patrol, through the director of fire protection. The chief of the Washington state patrol, through the
director of fire protection, and the department of natural resources shall jointly determine the statistical information to
be reported on fires on land under the jurisdiction of the
department of natural resources.
(2) The chief of the Washington state patrol, through the
director of fire protection, shall analyze the information and
data reported, compile a report, and distribute a copy
annually by July 1st to each chief fire official in the state.
Upon request, the chief of the Washington state patrol,
through the director of fire protection, shall also furnish a
copy of the report to any other interested person at cost.
(3) In carrying out the duties relating to collecting,
analyzing, and reporting statistical fire data, the fire protection policy board may purchase statistical fire data from a
qualified individual or organization. The information shall
meet the diverse needs of state and local fire reporting
agencies and shall be (a) defined in understandable terms of
common usage in the fire community; (b) adaptable to the
varying levels of resources available; (c) maintained in a
manner that will foster both technical support and resource
sharing; and (d) designed to meet both short and long-term
needs. [1999 c 231 § 1; 1995 c 369 § 29; 1986 c 266 § 72;
1985 c 470 § 22; 1980 c 181 § 2.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—Effective date—1985 c 470: See notes following
RCW 48.48.030.
48.48.070 Examination of witnesses. In the conduct
of any investigation into the cause, origin, or loss resulting
from any fire, the chief of the Washington state patrol and
the director of fire protection shall have the same power and
rights relative to securing the attendance of witnesses and the
taking of testimony under oath as is conferred upon the
insurance commissioner under RCW 48.03.070. False
swearing by any such witness shall be deemed to be perjury
and shall be subject to punishment as such. [1995 c 369 §
30; 1986 c 266 § 73; 1985 c 470 § 23; 1947 c 79 § .33.07;
Rem. Supp. 1947 § 45.33.07.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—Effective date—1985 c 470: See notes following
RCW 48.48.030.
48.48.080 Criminal prosecutions. If as the result of
any such investigation, or because of any information
received, the chief of the Washington state patrol, through
the director of fire protection, is of the opinion that there is
evidence sufficient to charge any person with any crime, he
or she may cause such person to be arrested and charged
with such offense, and shall furnish to the prosecuting
attorney of the county in which the offense was committed,
the names of witnesses and all pertinent and material
evidence and testimony within his or her possession relative
to the offense. [1995 c 369 § 31; 1986 c 266 § 74; 1985 c
470 § 24; 1947 c 79 § .33.08; Rem. Supp. 1947 § 45.33.08.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
[Title 48 RCW—page 323]
48.48.080
Title 48 RCW: Insurance
Severability—Effective date—1985 c 470: See notes following
RCW 48.48.030.
48.48.090 Record of fires. The chief of the Washington state patrol, through the director of fire protection, shall
keep on file all reports of fires made to him or her pursuant
to this code. Such records shall at all times during business
hours be open to public inspection; except, that any testimony taken in a fire investigation may, in the discretion of
the chief of the Washington state patrol, through the director
of fire protection, be withheld from public scrutiny. The
chief of the Washington state patrol, through the director of
fire protection, may destroy any such report after five years
from its date. [1995 c 369 § 32; 1986 c 266 § 75; 1985 c
470 § 25; 1947 c 79 § .33.09; Rem. Supp. 1947 § 45.33.09.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—Effective date—1985 c 470: See notes following
RCW 48.48.030.
48.48.110 Annual report. The chief of the Washington state patrol, through the director of fire protection, shall
submit annually a report to the governor of this state. The
report shall contain a statement of his or her official acts
pursuant to this chapter. [1995 c 369 § 33; 1986 c 266 § 76;
1985 c 470 § 26; 1977 c 75 § 71; 1947 c 79 § .33.11; Rem.
Supp. 1947 § 45.33.11.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—Effective date—1985 c 470: See notes following
RCW 48.48.030.
48.48.140 Smoke detection devices in dwelling
units—Penalty. (1) Smoke detection devices shall be
installed inside all dwelling units:
(a) Occupied by persons other than the owner on and
after December 31, 1981; or
(b) Built or manufactured in this state after December
31, 1980.
(2) The smoke detection devices shall be designed,
manufactured, and installed inside dwelling units in
conformance with:
(a) Nationally accepted standards; and
(b) As provided by the administrative procedure act,
chapter 34.05 RCW, rules and regulations promulgated by
the chief of the Washington state patrol, through the director
of fire protection.
(3) Installation of smoke detection devices shall be the
responsibility of the owner. Maintenance of smoke detection
devices, including the replacement of batteries where
required for the proper operation of the smoke detection
device, shall be the responsibility of the tenant, who shall
maintain the device as specified by the manufacturer. At the
time of a vacancy, the owner shall insure that the smoke
detection device is operational prior to the reoccupancy of
the dwelling unit.
(4) Any owner or tenant failing to comply with this
section shall be punished by a fine of not more than two
hundred dollars.
(5) For the purposes of this section:
[Title 48 RCW—page 324]
(a) "Dwelling unit" means a single unit providing
complete, independent living facilities for one or more
persons including permanent provisions for living, sleeping,
eating, cooking, and sanitation; and
(b) "Smoke detection device" means an assembly
incorporating in one unit a device which detects visible or
invisible particles of combustion, the control equipment, and
the alarm-sounding device, operated from a power supply
either in the unit or obtained at the point of installation.
[1995 c 369 § 34; 1991 c 154 § 1; 1986 c 266 § 89; 1980 c
50 § 1.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
48.48.150 Premises with guard animals—
Registration, posting—Acts permitted fire fighters—
Liability for injury to fire fighters. (1) All premises
guarded by guard animals, which are animals professionally
trained to defend and protect premises or the occupants of
the premises, shall be registered with the local fire department. Front entrances to residences and all entrances to
business premises shall be posted in a visible location with
signs approved by the chief of the Washington state patrol,
through the director of fire protection, indicating that guard
animals are present.
(2) A fire fighter, who reasonably believes that his or
her safety is endangered by the presence of a guard animal,
may without liability: (a) Refuse to enter the premises, or
(b) take any reasonable action necessary to protect himself
or herself from attack by the guard animal.
(3) If the person responsible for the guard animal being
on the premises does not comply with subsection (1) of this
section, that person may be held liable for any injury to the
fire fighter caused by the presence of the guard animal.
[1995 c 369 § 35; 1986 c 266 § 90; 1983 c 258 § 1.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
48.48.160 Hazardous liquid and gas pipeline
accidents—Preparedness of local first responders. (1)
The chief of the Washington state patrol, through the director
of fire protection or his or her authorized deputy, shall, in
consultation with the emergency management program
within the state military department, the department of
ecology, the utilities and transportation commission, and
local emergency services organizations:
(a) Evaluate the preparedness of local first responders in
meeting emergency management demands under subsection
(2) of this section; and
(b) Conduct an assessment of the equipment and
personnel needed by local first responders to meet emergency management demands related to pipelines.
(2) The chief of the Washington state patrol, through the
director of fire protection or his or her deputy, shall develop
curricula for training local first responders to deal with
hazardous liquid and gas pipeline accidents. The curricula
shall be developed in conjunction with pipeline companies
and local first responders, and shall include a timetable and
costs for providing training as defined in the curricula to all
communities housing pipelines. Separate curricula shall be
developed for hazardous liquid and gas pipelines so that the
(2002 Ed.)
State Fire Protection
differences between pipelines may be recognized and appropriate accident responses provided. The need for a training
program for regional incident management teams shall also
be evaluated.
(3) In consultation with other relevant agencies, the
chief of the Washington state patrol, through the director of
fire protection or his or her deputy, shall identify the need
and means for achieving consistent application of the national interagency incident management system.
(4) For the purposes of this section, "local first responders" means police, fire, emergency medical staff, and
volunteers. [2000 c 191 § 20.]
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
Chapter 48.50
INSURANCE FRAUD REPORTING
IMMUNITY ACT
(Formerly: Arson reporting immunity act)
Sections
48.50.010
48.50.020
48.50.030
48.50.040
48.50.050
48.50.055
48.50.070
48.50.075
48.50.090
48.50.900
Short title.
Definitions.
Release of information or evidence by insurer.
Notification by insurer.
Release of information by authorized agencies.
Release of information to requesting insurer.
Immunity from liability for releasing information.
Immunity from liability for denying claim based on written
opinion of authorized agency.
Local ordinances not preempted.
Severability—1979 ex.s. c 80.
48.50.010 Short title. This chapter shall be known
and may be cited as the Insurance Fraud Reporting Immunity
Act. [1995 c 285 § 20; 1979 ex.s. c 80 § 1.]
Effective date—1995 c 285: See RCW 48.30A.900.
48.50.020 Definitions. As used in this chapter the
following terms have the meanings indicated unless the
context clearly requires otherwise.
(1) "Authorized agency" means a public agency or its
official representative having legal authority to investigate
criminal activity or the cause of a fire or to initiate criminal
proceedings, including the following persons and agencies:
(a) The chief of the Washington state patrol and the
director of fire protection;
(b) The prosecuting attorney of the county where the
criminal activity occurred;
(c) State, county, and local law enforcement agencies;
(d) The state attorney general;
(e) The Federal Bureau of Investigation, or any other
federal law enforcement agency;
(f) The United States attorney’s office; and
(g) The office of the insurance commissioner.
(2) "Insurer" means any insurer, as defined in RCW
48.01.050 and any self-insurer.
(3) "Relevant information" means information having
any tendency to make the existence of any fact that is of
consequence to the investigation or determination of criminal
activity or the cause of any fire more probable or less
probable than it would be without the information. [2000 c
(2002 Ed.)
48.48.160
254 § 1. Prior: 1995 c 369 § 36; 1995 c 285 § 21; 1986 c
266 § 77; 1985 c 470 § 27; 1979 ex.s. c 80 § 2.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Effective date—1995 c 285: See RCW 48.30A.900.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—Effective date—1985 c 470: See notes following
RCW 48.48.030.
48.50.030 Release of information or evidence by
insurer. (1) Any authorized agency may request, in writing,
that an insurer release to the agency any or all relevant
information or evidence which the insurer may have in its
possession relating to criminal activity, if such information
or evidence is deemed important by the agency in its
discretion.
(2) An insurer who has reason to believe that a person
participated or is participating in criminal activity relating to
a contract of insurance may report relevant information to an
authorized agency.
(3) The information provided to an authorized agency
under this section may include, without limitation:
(a) Pertinent insurance policy information relating to a
claim under investigation and any application for such a
policy;
(b) Policy premium payment records which are available;
(c) History of previous claims in which the person was
involved; and
(d) Material relating to the investigation of the loss,
including statements of any person, proof of loss, and any
other evidence found in the investigation.
(4) The insurer receiving a request under subsection (1)
of this section shall furnish all relevant information requested
to the agency within a reasonable time, orally or in writing.
[1995 c 285 § 22; 1979 ex.s. c 80 § 3.]
Effective date—1995 c 285: See RCW 48.30A.900.
48.50.040 Notification by insurer. (1) When an
insurer has reason to believe that a fire loss reported to the
insurer may be of other than accidental cause, the insurer
shall notify the chief of the Washington state patrol, through
the director of fire protection, in the manner prescribed
under RCW 48.05.320 concerning the circumstances of the
fire loss, including any and all relevant material developed
from the insurer’s inquiry into the fire loss.
(2) Notification of the chief of the Washington state
patrol, through the director of fire protection, under subsection (1) of this section does not relieve the insurer of the
duty to respond to a request for information from any other
authorized agency and does not bar an insurer from other reporting under RCW 48.50.030(2). [2000 c 254 § 2. Prior:
1995 c 369 § 37; 1995 c 285 § 23; 1986 c 266 § 91; 1979
ex.s. c 80 § 4.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Effective date—1995 c 285: See RCW 48.30A.900.
Severability—1986 c 266: See note following RCW 38.52.005.
48.50.050 Release of information by authorized
agencies. An authorized agency receiving information under
RCW 48.50.030, 48.50.040, or 48.50.055 may release or
[Title 48 RCW—page 325]
48.50.050
Title 48 RCW: Insurance
provide such information to any other authorized agencies.
[2000 c 254 § 3; 1979 ex.s. c 80 § 5.]
48.50.055 Release of information to requesting
insurer. An insurer providing information to an authorized
agency or agencies under RCW 48.50.030 or 48.50.040 may
request that an authorized agency furnish to the insurer any
or all relevant information possessed by the agency relating
to the particular fire loss. At their discretion, and unless
prohibited by any other provision of law, the agency or
agencies may release or provide information to the requesting insurer. [2000 c 254 § 4.]
48.50.070 Immunity from liability for releasing
information. Any licensed insurance agent, any licensed
insurance broker, or any insurer or person acting in the
insurer’s behalf or any authorized agency which releases
information, whether oral or written, under RCW 48.50.030,
48.50.040, 48.50.050, or 48.50.055 is immune from liability
in any civil or criminal action, suit, or prosecution arising
from the release of the information, unless actual malice on
the part of the agent, broker, insurer, or authorized agency
against the insured is shown. [2000 c 254 § 5; 1980 c 102
§ 9; 1979 ex.s. c 80 § 7.]
48.50.075 Immunity from liability for denying claim
based on written opinion of authorized agency. In
denying a claim, an insurer who relies upon a written
opinion from an authorized agency specifically enumerated
in RCW 48.50.020(1) (a) through (g) that criminal activity
that is related to that claim is being investigated, or a crime
has been charged, and that the claimant is a target of the
investigation or has been charged with a crime, is not liable
for bad faith or other noncontractual theory of damages as a
result of this reliance.
Immunity under this section shall exist only so long as
the incident for which the claimant may be responsible is
under active investigation or prosecution, or the authorized
agency states its position that the claim includes or is a
result of criminal activity in which the claimant was a
participant. [1995 c 285 § 24; 1981 c 320 § 2.]
Effective date—1995 c 285: See RCW 48.30A.900.
48.50.090 Local ordinances not preempted. This
chapter does not preempt or preclude any county or municipality from enacting ordinances relating to fire prevention or
control of arson. [1979 ex.s. c 80 § 9.]
48.50.900 Severability—1979 ex.s. c 80. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 80 § 11.]
[Title 48 RCW—page 326]
Chapter 48.53
FIRE INSURANCE—ARSON FRAUD REDUCTION
Sections
48.53.010
48.53.020
48.53.030
48.53.040
48.53.050
48.53.060
Purpose.
Designation of high arson incidence areas and classes of
occupancy—Anti-arson application, contents.
Cancellation of policy—Conditions required for.
Cancellation of policy—Procedure.
Issuance or cancellation of policy in violation of chapter.
Adoption of rules.
48.53.010 Purpose. It is the purpose of this chapter
to reduce the incidence of arson fraud by requiring insurers
to obtain specified information prior to issuing a fire
insurance policy for certain structures and by authorizing
insurers to cancel fire insurance policies when characteristics
frequently associated with arson fraud are present. [1982 c
110 § 1.]
48.53.020 Designation of high arson incidence areas
and classes of occupancy—Anti-arson application,
contents. (1) The chief of the Washington state patrol,
through the director of fire protection, may designate certain
classes of occupancy within a geographic area or may
designate geographic areas as having an abnormally high
incidence of arson. This designation shall not be a valid
reason for cancellation, refusal to issue or renew, modification, or increasing the premium for any fire insurance
policy.
(2) A fire insurance policy may not be issued to insure
any property within a class of occupancy within a geographic area or within a geographic area designated by the chief
of the Washington state patrol, through the director of fire
protection, as having an abnormally high incidence of arson
until the applicant has submitted an anti-arson application
and the insurer or the insurer’s representative has inspected
the property. The application shall be prescribed by the
chief of the Washington state patrol, through the director of
fire protection, and shall contain but not be limited to the
following:
(a) The name and address of the prospective insured and
any mortgagees or other parties having an ownership interest
in the property to be insured;
(b) The amount of insurance requested and the method
of valuation used to establish the amount of insurance;
(c) The dates and selling prices of the property, if any,
during the previous three years;
(d) Fire losses exceeding one thousand dollars during
the previous five years for property in which the prospective
insured held an equity interest or mortgage;
(e) Current corrective orders pertaining to fire, safety,
health, building, or construction codes that have not been
complied with within the time period or any extension of
such time period authorized by the authority issuing such
corrective order applicable to the property to be insured;
(f) Present or anticipated occupancy of the structure, and
whether a certificate of occupancy has been issued;
(g) Signature and title, if any, of the person submitting
the application.
(2002 Ed.)
Fire Insurance—Arson Fraud Reduction
(3) If the facts required to be reported by subsection (2)
of this section materially change, the insured shall notify the
insurer of any such change within fourteen days.
(4) An anti-arson application is not required for: (a)
Fire insurance policies covering one to four-unit owneroccupied residential dwellings; (b) policies existing as of
June 10, 1982; or (c) the renewal of these policies.
(5) An anti-arson application shall contain a notice
stating: "Designation of a class of occupancy within a
geographic area or geographic areas as having an abnormally
high incidence of arson shall not be a valid reason for
cancellation, refusal to issue or renew, modification, or
increasing the premium for any fire insurance policy." [1995
c 369 § 38; 1986 c 266 § 92; 1982 c 110 § 2.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
48.53.030 Cancellation of policy—Conditions
required for. Notwithstanding the provisions of RCW
48.18.290, where two or more of the following conditions
exist, an insurer may, under RCW 48.53.040, cancel a fire
insurance policy for any structure:
(1) Which, without reasonable explanation, is unoccupied for more than sixty consecutive days, or in which at
least sixty-five percent of the rental units are unoccupied for
more than one hundred twenty consecutive days unless the
structure is maintained for seasonal occupancy or is under
construction or repair;
(2) On which, without reasonable explanation, progress
toward completion of permanent repairs has not occurred
within sixty days after receipt of funds following satisfactory
adjustment or adjudication of loss resulting from a fire;
(3) Which, because of its physical condition, is in
danger of collapse;
(4) For which, because of its physical condition, a
vacation or demolition order has been issued, or which has
been declared unsafe in accordance with applicable law;
(5) From which fixed and salvageable items have been
removed, indicating an intent to vacate the structure;
(6) For which, without reasonable explanation, heat,
water, sewer, and electricity are not furnished for sixty
consecutive days; and
(7) Which is not maintained in substantial compliance
with fire, safety, and building codes. [1982 c 110 § 3.]
48.53.040 Cancellation of policy—Procedure. An
insurer may cancel a fire insurance policy when the requirements of RCW 48.53.030 are met only in accordance with
the following procedure:
(1) The insurer shall, not less than five days prior to
cancellation, issue written notice of cancellation to the
insured or the insured’s representative in charge of the
policy. The notice shall contain at least the following:
(a) The date that the policy will be canceled;
(b) A description of the specific facts justifying the
cancellation;
(c) A copy of this chapter; and
(d) The name, title, address, and telephone number of
the insurer’s employee who may be contacted regarding
cancellation of the policy.
(2002 Ed.)
48.53.020
(2) The notice required by this section shall be actually
delivered or mailed to the insured by certified mail, return
receipt requested, and in addition by first class mail. A copy
of the notice shall, at the time of delivery or mailing to the
insured, or the insured’s representative in charge of the
policy, be mailed to the insurance commissioner.
(3) The insurer shall also comply with the requirements
of RCW 48.18.290 (1)(b), (2) and (3), and shall provide not
less than twenty days notice of cancellation to each mortgagee, pledgee, or other person shown by the policy to have an
interest in any loss which may occur thereunder except as
provided in subsection (1) of this section.
(4) The portion of any premium paid to the insurer on
account of the policy, unearned because of the cancellation
and in an amount as computed on a pro rata basis, must be
actually paid or mailed to the insured or other person entitled
thereto as shown by the policy or any endorsement thereon,
as soon as possible, and no later than thirty days after the
date that the notice of cancellation was issued. [1982 c 110
§ 4.]
48.53.050 Issuance or cancellation of policy in
violation of chapter. (1) Any fire insurance policy issued
in violation of this chapter shall not be canceled by the
insurer under the procedures authorized by this chapter.
(2) Cancellation of a fire insurance policy in violation
of this chapter shall constitute a violation of this title. [1982
c 110 § 5.]
48.53.060 Adoption of rules. Rules designating
geographic areas or classes of occupancy as having an
abnormally high incidence of arson, and any other rules
necessary to implement this chapter shall be adopted by the
chief of the Washington state patrol, through the director of
fire protection, under chapter 34.05 RCW. [1995 c 369 §
39; 1986 c 266 § 93; 1982 c 110 § 6.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Chapter 48.56
INSURANCE PREMIUM FINANCE COMPANY ACT
Sections
48.56.010
48.56.020
48.56.030
48.56.040
48.56.050
48.56.060
48.56.070
48.56.080
48.56.090
48.56.100
48.56.110
48.56.120
48.56.130
48.56.900
Short title.
Definitions.
License—Required—Fees—Information to be furnished—
Penalty.
Investigation of applicant—Qualifications—Hearing.
Revocation, suspension, or refusal to renew.
Records.
Rules and regulations.
Premium finance agreement.
Service charge.
Delinquency charge—Cancellation charge.
Cancellation of insurance contract.
Cancellation of insurance contract—Return of unearned
premiums.
Filing of agreement.
Effective date—1969 ex.s. c 190.
48.56.010 Short title. This chapter shall be known
and may be cited as "The Insurance Premium Finance
Company Act". [1969 ex.s. c 190 § 1.]
[Title 48 RCW—page 327]
48.56.020
Title 48 RCW: Insurance
48.56.020 Definitions. As used in this chapter:
(1) "Insurance premium finance company" means a
person engaged in the business of entering into insurance
premium finance agreements.
(2) "Premium finance agreement" means an agreement
by which an insured or prospective insured promises to pay
to a premium finance company the amount advanced or to
be advanced under the agreement to an insurer or to an
insurance agent or broker in payment of premiums on an
insurance contract together with a service charge as authorized and limited by this chapter and as security therefor the
insurance premium finance company receives an assignment
of the unearned premium.
(3) "Licensee" means a premium finance company
holding a license issued by the insurance commissioner
under this chapter. [1969 ex.s. c 190 § 2.]
48.56.030 License—Required—Fees—Information
to be furnished—Penalty. (1) No person shall engage in
the business of financing insurance premiums in the state
without first having obtained a license as a premium finance
company from the commissioner. Any person who shall
engage in the business of financing insurance premiums in
the state without obtaining a license as provided hereunder
shall, upon conviction, be guilty of a misdemeanor and shall
be subject to the penalties provided in this chapter.
(2)(a) Application to the commissioner for the license
shall be made on forms furnished by the commissioner. As
part of, or in connection with, this application, the applicant
and, at the commissioner’s discretion, any or all stockholders, directors, partners, officers, and employees of the
business shall furnish information concerning his or her
identity, including fingerprints for submission to the Washington state patrol, the federal bureau of investigation, and
any governmental agency or entity authorized to receive this
information for a state and national criminal history background check; personal history; experience; business records;
purposes; and other pertinent information, as the commissioner may reasonably require.
(b) The annual license fee shall be one hundred dollars.
Licenses may be renewed from year to year as of the first
day of May of each year upon payment of the fee of one
hundred dollars. The fee for the license shall be paid to the
insurance commissioner.
(3) The person to whom the license or the renewal may
be issued shall file sworn answers, subject to the penalties of
perjury, to such interrogatories as the commissioner may
require. The commissioner shall have authority, at any time,
to require the applicant to disclose fully the identity of all
stockholders, directors, partners, officers, and employees and
may, in his or her discretion, refuse to issue or renew a
license in the name of any firm, partnership, or corporation
if he or she finds that any officer, employee, stockholder, or
partner who may materially influence the applicant’s conduct
does not meet the standards of this chapter.
(4) This section shall not apply to any savings and loan
association, bank, trust company, consumer loan company,
industrial loan company or credit union authorized to do
business in this state but RCW 48.56.080 through 48.56.130
and any rules adopted by the commissioner pertaining to
such sections shall be applicable to such organizations, if
[Title 48 RCW—page 328]
otherwise eligible, under all premium finance transactions
wherein an insurance policy, other than a life or disability
insurance policy, or any rights thereunder is made the
security or collateral for the repayment of the debt, however,
neither this section nor the provisions of this chapter shall be
applicable to the inclusion of insurance in a retail installment
transaction or to insurance purchased in connection with a
real estate transaction, mortgage, deed of trust, or other security instrument or an insurance company authorized to do
business in this state unless the insurance company elects to
become a licensee.
(5) If in the process of verifying fingerprints under
subsection (2) of this section, business records, or other
information the commissioner’s office incurs fees or charges
from another governmental agency or from a business firm,
the amount of the fees or charges shall be paid to the
commissioner’s office by the applicant. [2002 c 227 § 4;
1969 ex.s. c 190 § 3.]
Effective date—2002 c 227: See note following RCW 48.06.040.
48.56.040
Investigation of applicant—
Qualifications—Hearing. (1) Upon the filing of an application and the payment of the license fee the commissioner
shall make an investigation of each applicant and shall issue
a license if the applicant is qualified in accordance with this
chapter. If the commissioner does not so find, he shall,
within thirty days after he has received such application, at
the request of the applicant, give the applicant a full hearing.
(2) The commissioner shall issue or renew a license as
may be applied for when he is satisfied that the person to be
licensed—
(a) is competent and trustworthy and intends to act in
good faith in the capacity involved by the license applied
for,
(b) has a good business reputation and has had experience, training, or education so as to be qualified in the
business for which the license is applied for, and
(c) if a corporation, is a corporation incorporated under
the laws of the state or a foreign corporation authorized to
transact business in the state. [1969 ex.s. c 190 § 4.]
48.56.050 Revocation, suspension, or refusal to
renew. (1) The commissioner may revoke or suspend the
license of any premium finance company when and if after
investigation it appears to the commissioner that—
(a) any license issued to such company was obtained by
fraud,
(b) there was any misrepresentation in the application
for the license,
(c) the holder of such license has otherwise shown
himself untrustworthy or incompetent to act as a premium
finance company, or
(d) such company has violated any of the provisions of
this chapter.
(2) Before the commissioner shall revoke, suspend, or
refuse to renew the license of any premium finance company, he shall give to such person an opportunity to be fully
heard and to introduce evidence in his behalf. In lieu of
revoking or suspending the license for any of the causes
enumerated in this section, after hearing as herein provided,
the commissioner may subject such company to a penalty of
(2002 Ed.)
Insurance Premium Finance Company Act
not more than two hundred dollars for each offense when in
his judgment he finds that the public interest would not be
harmed by the continued operation of such company. The
amount of any such penalty shall be paid by such company
through the office of the commissioner to the state treasurer.
At any hearing provided by this section, the commissioner
shall have authority to administer oaths to witnesses.
Anyone testifying falsely, after having been administered
such oath, shall be subject to the penalty of perjury.
(3) If the commissioner refuses to issue or renew any
license or if any applicant or licensee is aggrieved by any
action of the commissioner, said applicant or licensee shall
have the right to a hearing and court proceeding as provided
by statute. [1969 ex.s. c 190 § 5.]
48.56.060 Records. (1) Every licensee shall maintain
records of its premium finance transactions and the said
records shall be open to examination and investigation by the
commissioner. The commissioner may at any time require
any licensee to bring such records as he may direct to the
commissioner’s office for examination.
(2) Every licensee shall preserve its records of such
premium finance transactions, including cards used in a card
system, for at least three years after making the final entry
in respect to any premium finance agreement. The preservation of records in photographic form shall constitute
compliance with this requirement. [1969 ex.s. c 190 § 6.]
48.56.070 Rules and regulations. The commissioner
shall have authority to make and enforce such reasonable
rules and regulations as may be necessary in making effective the provisions of this chapter, but such rules and
regulations shall not be contrary to nor inconsistent with the
provisions of this chapter. [1969 ex.s. c 190 § 7.]
48.56.080 Premium finance agreement. (1) A
premium finance agreement shall—
(a) be dated, signed by or on behalf of the insured, and
the printed portion thereof shall be in at least eight point
type;
(b) contain the name and place of business of the
insurance agent negotiating the related insurance contract, the
name and residence or the place of business of the premium
finance company to which payments are to be made, a
description of the insurance contracts involved and the
amount of the premium therefor; and
(c) set forth the following items where applicable—
(i) the total amount of the premiums,
(ii) the amount of the down payment,
(iii) the principal balance (the difference between items
(i) and (ii)),
(iv) the amount of the service charge,
(v) the balance payable by the insured (sum of items
(iii) and (iv)), and
(vi) the number of installments required, the amount of
each installment expressed in dollars, and the due date or
period thereof.
(2) The items set out in paragraph (c) of subsection (1)
need not be stated in the sequence or order in which they
appear in such paragraph (c), and additional items may be
(2002 Ed.)
48.56.050
included to explain the computations made in determining
the amount to be paid by the insured.
(3) The information required by subsection (1) of this
section shall only be required in the initial agreement where
the premium finance company and the insured enter into an
open end credit transaction, which is defined as follows: A
plan prescribing the terms of credit transactions which may
be made thereunder from time to time and under the terms
of which a finance charge may be computed on the outstanding unpaid balance from time to time thereunder.
(4) A copy of the premium finance agreement shall be
given to the insured at the time or within ten days of its
execution, except where the application has been signed by
the insured and all the finance charges are one dollar or less
per payment. In addition, the premium finance company
shall deliver or mail a copy of the premium finance agreement or notice identifying policy, insured and producing
agent to each insurer that has premiums involved in the
transaction, within thirty days of the execution of the
premium finance agreement.
(5) It shall be illegal for a premium finance company to
offset funds of an agent with funds belonging to an insured.
Premiums advanced by a premium finance company are
funds belonging to the insured and shall be held in a
fiduciary relationship. [1975-’76 2nd ex.s. c 119 § 6; 1969
ex.s. c 190 § 8.]
48.56.090 Service charge. (1) A premium finance
company shall not charge, contract for, receive, or collect a
service charge other than as permitted by this chapter.
(2) The service charge is to be computed on the balance
of the premiums due (after subtracting the down payment
made by the insured in accordance with the premium finance
agreement) from the effective date of the insurance coverage,
for which the premiums are being advanced, to and including
the date when the final installment of the premium finance
agreement is payable.
(3) The service charge shall be a maximum of ten
dollars per one hundred dollars per year plus an acquisition
charge of ten dollars per premium finance agreement which
need not be refunded upon cancellation or prepayment.
[1969 ex.s. c 190 § 9.]
48.56.100 Delinquency charge—Cancellation charge.
A premium finance agreement may provide for the payment
by the insured of a delinquency charge of one dollar to a
maximum of five percent of the delinquent installment that
is in default for a period of five days or more except that if
the loan is primarily for personal, family, or household
purposes the delinquency charge shall not exceed five
dollars.
If the default results in the cancellation of any insurance
contract listed in the agreement, the agreement may provide
for the payment by the insured of a cancellation charge equal
to the difference between any delinquency charge imposed
with respect to the installment in default and five dollars.
[1995 c 72 § 1; 1969 ex.s. c 190 § 10.]
48.56.110 Cancellation of insurance contract. (1)
When a premium finance agreement contains a power of
attorney enabling the premium finance company to cancel
[Title 48 RCW—page 329]
48.56.110
Title 48 RCW: Insurance
any insurance contract or contracts listed in the agreement,
the insurance contract or contracts shall not be canceled by
the premium finance company unless such cancellation is
effectuated in accordance with this section.
(2) Not less than ten days’ written notice shall be
mailed to the insured of the intent of the premium finance
company to cancel the insurance contract unless the default
is cured within such ten day period.
(3) After expiration of such ten day period, the premium
finance company may thereafter request in the name of the
insured, cancellation of such insurance contract or contracts
by mailing to the insurer a notice of cancellation, and the
insurance contract shall be canceled as if such notice of
cancellation had been submitted by the insured himself, but
without requiring the return of the insurance contract or
contracts. The premium finance company shall also mail a
notice of cancellation to the insured at his last known
address.
(4) All statutory, regulatory, and contractual restrictions
providing that the insurance contract may not be canceled
unless notice is given to a governmental agency, mortgagee,
or other third party shall apply where cancellation is effected
under the provisions of this section. The insurer shall give
the prescribed notice in behalf of itself or the insured to any
governmental agency, mortgagee, or other third party on or
before the second business day after the day it receives the
notice of cancellation from the premium finance company
and shall determine the effective date of cancellation taking
into consideration the number of days notice required to
complete the cancellation. [1969 ex.s. c 190 § 11.]
48.56.120 Cancellation of insurance contract—
Return of unearned premiums. (1) Whenever a financed
insurance contract is canceled, the insurer shall return
whatever gross unearned premiums are due under the
insurance contract to the premium finance company for the
account of the insured or insureds.
(2) In the event that the crediting of return premiums to
the account of the insured results in a surplus over the
amount due from the insured, the premium finance company
shall refund such excess to the insured: PROVIDED, That
no such refund shall be required if it amounts to less than
one dollar. [1969 ex.s. c 190 § 12.]
48.56.130 Filing of agreement. No filing of the
premium finance agreement shall be necessary to perfect the
validity of such agreement as a secured transaction as against
creditors, subsequent purchasers, pledgees, encumbrancers,
successors, or assigns. [1969 ex.s. c 190 § 13.]
48.56.900 Effective date—1969 ex.s. c 190. This act
is necessary for the immediate preservation of the public
peace, health and safety, the support of the state government
and its existing public institutions, and shall take effect on
the sixtieth day following passage by the legislature and
submission to the governor for action. [1969 ex.s. c 190 §
15.]
[Title 48 RCW—page 330]
Chapter 48.58
RIOT REINSURANCE REIMBURSEMENT
Sections
48.58.010
Riot reinsurance reimbursement—Assessments.
48.58.010 Riot reinsurance reimbursement—
Assessments. (1) The commissioner may reimburse the
secretary of the department of housing and urban development under the provisions of Section 1223(a)(1) of the
Urban Property Protection and Reinsurance Act of 1968
(Public Law 90-448) for losses reinsured by the secretary of
the department of housing and urban development and
occurring in this state on or after August 1, 1968. After
receipt by the state treasurer of a statement requesting reimbursement from the secretary of the department of housing
and urban development and upon certification promptly
made by the commissioner of insurance, hereafter referred to
as the commissioner, of the correctness of the amount
thereof, the commissioner is hereby authorized to provide for
an assessment upon insurers authorized to do business in this
state in amounts sufficient to pay reimbursement to the
secretary of the department of housing and urban development: PROVIDED, That the amount assessed each insurer
shall be in the same proportion that the premiums written by
each insurer in this state bear to the aggregate premiums
written in this state by all insurance companies on those
lines for which reinsurance was available in this state from
the secretary of the department of housing and urban
development during the preceding calendar year.
(2) In the event any insurer fails, by reason of insolvency, to pay any assessment as provided herein, the amount
assessed each insurer, as computed under subsection (1) of
this section, shall be immediately recalculated excluding
therefrom the insolvent insurer so that its assessment is, in
effect, assumed and redistributed among the remaining
insurers.
(3) When assessments as provided herein are made, the
individual insurer, after having paid the full amount assessed
against the insurer, may deduct from future premium tax
liabilities an amount not to exceed twenty percent per annum
until such deductions equal the amount of the assessment
levied against the insurer.
(4) This section shall cease to be of any force and effect
upon termination of the Urban Property Protection and
Reinsurance Act of 1968 (Public Law 90-448), except that
obligations incurred pursuant to the provisions of this section
shall not be impaired by the expiration of the same.
(5) Notwithstanding the termination of the Urban
Property Protection and Reinsurance Act of 1968 (Public
Law 90-448), the commissioner is authorized to continue in
force the program developed in response to that act, the
Washington essential property insurance inspection and
placement program, in order to provide essential property
insurance within the state where it cannot be obtained
through the normal insurance market. [1987 c 128 § 1; 1980
c 32 § 9; 1969 ex.s. c 140 § 1.]
(2002 Ed.)
Local Government Insurance Transactions
Chapter 48.62
LOCAL GOVERNMENT
INSURANCE TRANSACTIONS
Sections
48.62.011
48.62.021
48.62.031
48.62.041
48.62.051
48.62.061
48.62.071
48.62.081
48.62.091
48.62.101
48.62.111
48.62.121
48.62.123
48.62.125
48.62.131
48.62.141
48.62.151
48.62.161
48.62.171
48.62.900
48.62.901
Legislative intent—Construction.
Definitions.
Authority to self-insure—Options—Risk manager.
Property and liability advisory board—Creation—
Membership—Duties.
Health and welfare advisory board—Creation—
Membership—Duties.
Rule making by state risk manager—Standards.
Program approval required—State risk manager—Plan of
management and operation.
Multistate program participants—Requirements.
Program approval or disapproval—Procedures—Annual
report.
Access to information—Executive sessions—Public disclosure act.
Investments—Designated treasurer—Deposit requirements—
Bond.
General operating regulations—Employee remuneration—
Governing control—School districts—Use of agents and
brokers—Health care services—Trusts.
Existing benefit program established as a trust—Risk manager—Limited extension of deadline for compliance.
Educational service districts—Rules—Superintendent of
public instruction.
Preexisting programs—Notice to state auditor.
Insufficient assets—Program requirement.
Insurance premium taxes—Exemption.
Establishment of fee to cover costs—Boards—State risk
manager.
Dissemination of information—Civil immunity.
Effective date, implementation, application—1991 sp.s. c 30.
Severability—1991 sp.s. c 30.
48.62.011 Legislative intent—Construction. This
chapter is intended to provide the exclusive source of local
government entity authority to individually or jointly selfinsure risks, jointly purchase insurance or reinsurance, and
to contract for risk management, claims, and administrative
services. This chapter shall be liberally construed to grant
local government entities maximum flexibility in selfinsuring to the extent the self-insurance programs are operated in a safe and sound manner. This chapter is intended to
require prior approval for the establishment of every individual local government self-insured employee health and
welfare benefit program and every joint local government
self-insurance program. In addition, this chapter is intended
to require every local government entity that establishes a
self-insurance program not subject to prior approval to notify
the state of the existence of the program and to comply with
the regulatory and statutory standards governing the management and operation of the programs as provided in this chapter. This chapter is not intended to authorize or regulate
self-insurance of unemployment compensation under chapter
50.44 RCW, or industrial insurance under chapter 51.14
RCW. [1991 sp.s. c 30 § 1.]
48.62.021 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Local government entity" or "entity" means every
unit of local government, both general purpose and special
purpose, and includes, but is not limited to, counties, cities,
(2002 Ed.)
Chapter 48.62
towns, port districts, public utility districts, water-sewer
districts, school districts, fire protection districts, irrigation
districts, metropolitan municipal corporations, conservation
districts, and other political subdivisions, governmental
subdivisions, municipal corporations, and quasi-municipal
corporations.
(2) "Risk assumption" means a decision to absorb the
entity’s financial exposure to a risk of loss without the
creation of a formal program of advance funding of anticipated losses.
(3) "Self-insurance" means a formal program of advance
funding and management of entity financial exposure to a
risk of loss that is not transferred through the purchase of an
insurance policy or contract.
(4) "Health and welfare benefits" means a plan or
program established by a local government entity or entities
for the purpose of providing its employees and their dependents, and in the case of school districts, its district employees, students, directors, or any of their dependents, with
health care, accident, disability, death, and salary protection
benefits.
(5) "Property and liability risks" includes the risk of
property damage or loss sustained by a local government
entity and the risk of claims arising from the tortious or
negligent conduct or any error or omission of the local
government entity, its officers, employees, agents, or
volunteers as a result of which a claim may be made against
the local government entity.
(6) "State risk manager" means the risk manager of the
risk management division within the office of financial
management. [2002 c 332 § 24; 1999 c 153 § 60; 1991 sp.s.
c 30 § 2.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Part headings not law—1999 c 153: See note following RCW
57.04.050.
48.62.031 Authority to self-insure—Options—Risk
manager. (1) The governing body of a local government
entity may individually self-insure, may join or form a selfinsurance program together with other entities, and may
jointly purchase insurance or reinsurance with other entities
for property and liability risks, and health and welfare
benefits only as permitted under this chapter. In addition,
the entity or entities may contract for or hire personnel to
provide risk management, claims, and administrative services
in accordance with this chapter.
(2) The agreement to form a joint self-insurance
program shall be made under chapter 39.34 RCW.
(3) Every individual and joint self-insurance program is
subject to audit by the state auditor.
(4) If provided for in the agreement or contract established under chapter 39.34 RCW, a joint self-insurance
program may, in conformance with this chapter:
(a) Contract or otherwise provide for risk management
and loss control services;
(b) Contract or otherwise provide legal counsel for the
defense of claims and other legal services;
(c) Consult with the state insurance commissioner and
the state risk manager;
[Title 48 RCW—page 331]
48.62.031
Title 48 RCW: Insurance
(d) Jointly purchase insurance and reinsurance coverage
in such form and amount as the program’s participants agree
by contract; and
(e) Possess any other powers and perform all other
functions reasonably necessary to carry out the purposes of
this chapter.
(5) A local government entity that has decided to
assume a risk of loss must have available for inspection by
the state auditor a written report indicating the class of risk
or risks the governing body of the entity has decided to assume.
(6) Every joint self-insurance program governed by this
chapter shall appoint the risk manager as its attorney to
receive service of, and upon whom shall be served, all legal
process issued against it in this state upon causes of action
arising in this state.
(a) Service upon the risk manager as attorney shall
constitute service upon the program. Service upon joint
insurance programs subject to chapter 30, Laws of 1991 1st
sp. sess. can be had only by service upon the risk manager.
At the time of service, the plaintiff shall pay to the risk
manager a fee to be set by the risk manager, taxable as costs
in the action.
(b) With the initial filing for approval with the risk
manager, each joint self-insurance program shall designate
by name and address the person to whom the risk manager
shall forward legal process so served upon him or her. The
joint self-insurance program may change such person by
filing a new designation.
(c) The appointment of the risk manager as attorney
shall be irrevocable, shall bind any successor in interest or
to the assets or liabilities of the joint self-insurance program,
and shall remain in effect as long as there is in force in this
state any contract made by the joint self-insurance program
or liabilities or duties arising therefrom.
(d) The risk manager shall keep a record of the day and
hour of service upon him or her of all legal process. A copy
of the process, by registered mail with return receipt requested, shall be sent by the risk manager, to the person designated for the purpose by the joint self-insurance program in its
most recent such designation filed with the risk manager.
No proceedings shall be had against the joint self-insurance
program, and the program shall not be required to appear,
plead, or answer, until the expiration of forty days after the
date of service upon the risk manager. [1991 sp.s. c 30 § 3.]
48.62.041 Property and liability advisory board—
Creation—Membership—Duties. (1) The property and
liability advisory board is created, consisting of the insurance
commissioner and the state risk manager, or their designees,
as ex officio members and five members appointed by the
governor on the basis of their experience and knowledge in
matters pertaining to local government risk management,
self-insurance, and management of joint self-insurance programs. The board shall include at least two representatives
from individual property or liability self-insurance programs
and at least two representatives from joint property or
liability self-insurance programs.
(2) The board shall assist the state risk manager in:
[Title 48 RCW—page 332]
(a) Adopting rules governing the operation and management of both individual and joint self-insurance programs
covering liability and property risks;
(b) Reviewing and approving the creation of joint selfinsurance programs covering property or liability risks;
(c) Reviewing annual reports filed by joint self-insurance programs covering property and liability risks and
recommending that corrective action be taken by the programs when necessary; and
(d) Responding to concerns of the state auditor related
to the management and operation of both individual and joint
self-insurance programs covering liability or property risks.
(3) The board shall annually elect a chair and a vicechair from its members. The board shall meet at least
quarterly at such times as the state risk manager may fix.
The board members who are appointed shall serve without
compensation from the state but shall suffer no loss because
of absence from their regular employment. Members of the
board who are not public employees shall be compensated in
accordance with RCW 43.03.240.
(4) A majority of the board constitutes a quorum for the
transaction of business.
(5) The board shall keep public records of its proceedings. [1991 sp.s. c 30 § 4.]
48.62.051 Health and welfare advisory board—
Creation—Membership—Duties. (1) The health and
welfare advisory board is created consisting of the insurance
commissioner and the state risk manager, or their designees,
as ex officio members and six members appointed by the
governor on the basis of their experience and knowledge
pertaining to local government self-insured health and
welfare benefits programs. The board shall include one city
management representative; one county management representative; two management representatives from local
government self-insured health and welfare programs; and
two representatives of statewide employee organizations
representing local government employees.
(2) The board shall assist the state risk manager in:
(a) Adopting rules governing the operation and management of both individual and joint self-insured health and
welfare benefits programs;
(b) Reviewing and approving the creation of both
individual and joint self-insured health and welfare benefits
programs;
(c) Reviewing annual reports filed by health and welfare
benefits programs and in recommending that corrective
action be taken by the programs when necessary; and
(d) Responding to concerns of the state auditor related
to the management and operation of health and welfare
benefits programs.
(3) The board shall annually elect a chair and a vicechair from its members. The board shall meet at least
quarterly at such times as the state risk manager may fix.
The board members who are appointed shall serve without
compensation from the state but shall suffer no loss because
of absence from their regular employment. Members of the
board who are not public employees shall be compensated in
accordance with RCW 43.03.240.
(4) A majority of the board constitutes a quorum for the
transaction of business.
(2002 Ed.)
Local Government Insurance Transactions
(5) The board shall keep public records of its proceedings. [1991 sp.s. c 30 § 5.]
48.62.061 Rule making by state risk manager—
Standards. The state risk manager, in consultation with the
property and liability advisory board, shall adopt rules
governing the management and operation of both individual
and joint local government self-insurance programs covering
property or liability risks. The state risk manager shall also
adopt rules governing the management and operation of both
individual and joint local government self-insured health and
welfare benefits programs in consultation with the health and
welfare benefits advisory board. All rules shall be appropriate for the type of program and class of risk covered. The
state risk manager’s rules shall include:
(1) Standards for the management, operation, and
solvency of self-insurance programs, including the necessity
and frequency of actuarial analyses and claims audits;
(2) Standards for claims management procedures; and
(3) Standards for contracts between self-insurance
programs and private businesses including standards for
contracts between third-party administrators and programs.
[1991 sp.s. c 30 § 6.]
48.62.071 Program approval required—State risk
manager—Plan of management and operation. Before
the establishment of a joint self-insurance program covering
property or liability risks by local government entities, or an
individual or joint local government self-insured health and
welfare benefits program, the entity or entities must obtain
the approval of the state risk manager. Risk manager
approval is not required for the establishment of an individual local government self-insurance program covering property or liability risks. The entity or entities proposing creation
of a self-insurance program requiring prior approval shall
submit a plan of management and operation to the state risk
manager and the state auditor that provides at least the
following information:
(1) The risk or risks to be covered, including any
coverage definitions, terms, conditions, and limitations or in
the case of health and welfare benefits programs, the benefits
to be provided, including any benefit definitions, terms,
conditions, and limitations;
(2) The amount and method of financing the benefits or
covered risks, including the initial capital and proposed rates
and projected premiums;
(3) The proposed claim reserving practices;
(4) The proposed purchase and maintenance of insurance or reinsurance in excess of the amounts retained by the
self-insurance program;
(5) In the case of a joint program, the legal form of the
program, including but not limited to any bylaws, charter, or
trust agreement;
(6) In the case of a joint program, the agreements with
members of the program defining the responsibilities and
benefits of each member and management;
(7) The proposed accounting, depositing, and investment
practices of the program;
(8) The proposed time when actuarial analysis will be
first conducted and the frequency of future actuarial analysis;
(2002 Ed.)
48.62.051
(9) A designation of the individual upon whom service
of process shall be executed on behalf of the program. In
the case of a joint program, a designation of the individual
to whom service of process shall be forwarded by the risk
manager on behalf of the program;
(10) All contracts between the program and private
persons providing risk management, claims, or other administrative services;
(11) A professional analysis of the feasibility of creation
and maintenance of the program; and
(12) Any other information required by rule of the state
risk manager that is necessary to determine the probable
financial and management success of the program or that is
necessary to determine compliance with this chapter. [1991
sp.s. c 30 § 7.]
48.62.081 Multistate program participants—
Requirements. A local government entity may participate
in a joint self-insurance program covering property or
liability risks with similar local government entities from
other states if the program satisfies the following requirements:
(1) Only those local government entities of this state
and similar entities of other states that are provided insurance by the program may have ownership interest in the
program;
(2) The participating local government entities of this
state and other states shall elect a board of directors to
manage the program, a majority of whom shall be affiliated
with one or more of the participating entities;
(3) The program must provide coverage through the
delivery to each participating entity of one or more written
policies effecting insurance of covered risks;
(4) The program shall be financed, including the
payment of premiums and the contribution of initial capital,
in accordance with the plan of management and operation
submitted to the state risk manager in accordance with this
chapter;
(5) The financial statements of the program shall be
audited annually by the certified public accountants for the
program, and such audited financial statements shall be
delivered to the Washington state auditor and the state risk
manager not more than one hundred twenty days after the
end of each fiscal year of the program;
(6) The investments of the program shall be initiated
only with financial institutions and/or broker-dealers doing
business in those states in which participating entities are
located, and such investments shall be audited annually by
the certified public accountants for the program, and a list of
such investments shall be delivered to the Washington state
auditor not more than one hundred twenty days after the end
of each fiscal year of the program;
(7) The treasurer of a multistate joint self-insurance
program shall be designated by resolution of the program
and such treasurer shall be located in the state of one of the
participating entities;
(8) The participating entities may have no contingent
liabilities for covered claims, other than liabilities for unpaid
premiums, retrospective premiums, or assessments, if assets
of the program are insufficient to cover the program’s
liabilities; and
[Title 48 RCW—page 333]
48.62.081
Title 48 RCW: Insurance
(9) The program shall obtain approval from the state
risk manager in accordance with this chapter and shall
remain in compliance with the provisions of this chapter,
except to the extent that such provisions are modified by or
inconsistent with this section. [1991 sp.s. c 30 § 8.]
48.62.091 Program approval or disapproval—
Procedures—Annual report. (1) Within one hundred
twenty days of receipt of a plan of management and operation, the state risk manager shall either approve or disapprove the formation of the self-insurance program after reviewing the plan to determine whether the proposed program
complies with this chapter and all rules adopted in accordance with this chapter.
(2) If the state risk manager denies a request for
approval, the state risk manager shall specify in detail the
reasons for denial and the manner in which the program fails
to meet the requirements of this chapter or any rules adopted
in accordance with this chapter.
(3) Whenever the state risk manager determines that a
joint self-insurance program covering property or liability
risks or an individual or joint self-insured health and welfare
benefits program is in violation of this chapter or is operating in an unsafe financial condition, the state risk manager
may issue and serve upon the program an order to cease and
desist from the violation or practice.
(a) The state risk manager shall deliver the order to the
appropriate entity or entities directly or mail it to the appropriate entity or entities by registered mail with return receipt
requested.
(b) If the program violates the order or has not taken
steps to comply with the order after the expiration of twenty
days after the cease and desist order has been received by
the program, the program is deemed to be operating in
violation of this chapter, and the state risk manager shall
notify the state auditor and the attorney general of the
violation.
(c) After hearing or with the consent of a program
governed by this chapter and in addition to or in lieu of a
continuation of the cease and desist order, the risk manager
may levy a fine upon the program in an amount not less than
three hundred dollars and not more than ten thousand dollars.
The order levying such fine shall specify the period within
which the fine shall be fully paid. The period within which
such fines shall be paid shall not be less than fifteen nor
more than thirty days from the date of such order. Upon
failure to pay any such fine when due the risk manager shall
request the attorney general to bring a civil action on the risk
manager’s behalf to collect the fine. The risk manager shall
pay any fine so collected to the state treasurer for the
account of the general fund.
(4) Each self-insurance program approved by the state
risk manager shall annually file a report with the state risk
manager and state auditor providing:
(a) Details of any changes in the articles of incorporation, bylaws, or interlocal agreement;
(b) Copies of all the insurance coverage documents;
(c) A description of the program structure, including
participants’ retention, program retention, and excess
insurance limits and attachment point;
(d) An actuarial analysis, if required;
[Title 48 RCW—page 334]
(e) A list of contractors and service providers;
(f) The financial and loss experience of the program;
and
(g) Such other information as required by rule of the
state risk manager.
(5) No self-insurance program requiring the state risk
manager’s approval may engage in an act or practice that in
any respect significantly differs from the management and
operation plan that formed the basis for the state risk
manager’s approval of the program unless the program first
notifies the state risk manager in writing and obtains the
state risk manager’s approval. The state risk manager shall
approve or disapprove the proposed change within sixty days
of receipt of the notice. If the state risk manager denies a
requested change, the risk manager shall specify in detail the
reasons for denial and the manner in which the program
would fail to meet the requirements of this chapter or any
rules adopted in accordance with this chapter. [1991 sp.s. c
30 § 9.]
48.62.101 Access to information—Executive sessions—Public disclosure act. (1) All self-insurance
programs governed by this chapter may provide for executive sessions in accordance with chapter 42.30 RCW to
consider litigation and settlement of claims when it appears
that public discussion of these matters would impair the
program’s ability to conduct its business effectively.
(2) Notwithstanding any provision to the contrary
contained in the public disclosure act, chapter 42.17 RCW,
in a claim or action against the state or a local government
entity, no person is entitled to discover that portion of any
funds or liability reserve established for purposes of satisfying a claim or cause of action, except that the reserve is
discoverable in a supplemental or ancillary proceeding to
enforce a judgment. All other records of individual or joint
self-insurance programs are subject to disclosure in accordance with chapter 42.17 RCW.
(3) In accordance with chapter 42.17 RCW, bargaining
groups representing local government employees shall have
reasonable access to information concerning the experience
and performance of any health and welfare benefits program
established for the benefit of such employees. [1991 sp.s. c
30 § 10.]
48.62.111 Investments—Designated treasurer—
Deposit requirements—Bond. (1) The assets of a joint
self-insurance program governed by this chapter may be
invested only in accordance with the general investment
authority that participating local government entities possess
as a governmental entity.
(2) Except as provided in subsection (3) of this section,
a joint self-insurance program may invest all or a portion of
its assets by depositing the assets with the treasurer of a
county within whose territorial limits any of its member
local government entities lie, to be invested by the treasurer
for the joint program.
(3) Local government members of a joint self-insurance
program may by resolution of the program designate some
other person having experience in financial or fiscal matters
as treasurer of the program, if that designated treasurer is
located in Washington state. The program shall, unless the
(2002 Ed.)
Local Government Insurance Transactions
program’s treasurer is a county treasurer, require a bond
obtained from a surety company authorized to do business in
Washington in an amount and under the terms and conditions that the program finds will protect against loss arising
from mismanagement or malfeasance in investing and
managing program funds. The program may pay the
premium on the bond.
All program funds must be paid to the treasurer and
shall be disbursed by the treasurer only on warrants issued
by the treasurer or a person appointed by the program and
upon orders or vouchers approved by the program or as
authorized under chapters 35A.40 and 42.24 RCW. The
treasurer shall establish a program account, into which shall
be recorded all program funds, and the treasurer shall
maintain such special accounts as may be created by the
program into which the treasurer shall record all money as
the program may direct by resolution.
(4) The treasurer of the joint program shall deposit all
program funds in a qualified public depository or depositories as defined in *RCW 39.58.010(2) and under the same
restrictions, contracts, and security as provided for any participating local government entity, and such depository shall
be designated by resolution of the program.
(5) A joint self-insurance program may invest all or a
portion of its assets by depositing the assets with the state
investment board, to be invested by the state investment
board in accordance with chapter 43.33A RCW. The state
investment board shall designate a manager for those funds
to whom the program may direct requests for disbursement
upon orders or vouchers approved by the program or as
authorized under chapters 35A.40 and 42.24 RCW.
(6) All interest and earnings collected on joint program
funds belong to the program and must be deposited to the
program’s credit in the proper program account.
(7) A joint program may require a reasonable bond from
any person handling money or securities of the program and
may pay the premium for the bond.
(8) Subsections (3) and (4) of this section do not apply
to a multistate joint self-insurance program governed by
RCW 48.62.081. [1991 sp.s. c 30 § 11.]
*Reviser’s note: RCW 39.58.010 was amended by 1996 c 256 § 1
and now defines the term "public depositary."
48.62.121 General operating regulations—Employee
remuneration—Governing control—School districts—Use
of agents and brokers—Health care services—Trusts. (1)
No employee or official of a local government entity may
directly or indirectly receive anything of value for services
rendered in connection with the operation and management
of a self-insurance program other than the salary and benefits
provided by his or her employer or the reimbursement of
expenses reasonably incurred in furtherance of the operation
or management of the program. No employee or official of
a local government entity may accept or solicit anything of
value for personal benefit or for the benefit of others under
circumstances in which it can be reasonably inferred that the
employee’s or official’s independence of judgment is
impaired with respect to the management and operation of
the program.
(2)(a) No local government entity may participate in a
joint self-insurance program in which local government
(2002 Ed.)
48.62.111
entities do not retain complete governing control. This
prohibition does not apply to:
(i) Local government contribution to a self-insured
employee health and welfare benefits plan otherwise authorized and governed by state statute;
(ii) Local government participation in a multistate joint
program where control is shared with local government
entities from other states; or
(iii) Local government contribution to a self-insured
employee health and welfare benefit trust in which the local
government shares governing control with their employees.
(b) If a local government self-insured health and welfare
benefit program, established by the local government as a
trust, shares governing control of the trust with its employees:
(i) The local government must maintain at least a fifty
percent voting control of the trust;
(ii) No more than one voting, nonemployee, union
representative selected by employees may serve as a trustee;
and
(iii) The trust agreement must contain provisions for
resolution of any deadlock in the administration of the trust.
(3) Moneys made available and moneys expended by
school districts and educational service districts for selfinsurance under this chapter are subject to such rules of the
superintendent of public instruction as the superintendent
may adopt governing budgeting and accounting. However,
the superintendent shall ensure that the rules are consistent
with those adopted by the state risk manager for the management and operation of self-insurance programs.
(4) RCW 48.30.140, 48.30.150, 48.30.155, and
48.30.157 apply to the use of agents and brokers by local
government self-insurance programs.
(5) Every individual and joint local government selfinsured health and welfare benefits program that provides
comprehensive coverage for health care services shall
include mandated benefits that the state health care authority
is required to provide under RCW 41.05.170 and 41.05.180.
The state risk manager may adopt rules identifying the
mandated benefits.
(6) An employee health and welfare benefit program
established as a trust shall contain a provision that trust
funds be expended only for purposes of the trust consistent
with statutes and rules governing the local government or
governments creating the trust. [1993 c 458 § 1; 1991 sp.s.
c 30 § 12.]
Review of health care trusts—1993 c 458: "If chapter 492, Laws of
1993 is enacted into law, the provisions of chapter 48.62 RCW shall be
reviewed to evaluate the extent to which health care trusts provide benefits
to certain individuals in the state; and to review the federal laws that may
constrain the organization or operation of these joint employee-employer
entities. The health services commission shall make appropriate recommendations to the governor and the legislature as to how these trusts can be
brought under the provisions of chapter 492, Laws of 1993." [1993 c 458
§ 3.]
48.62.123 Existing benefit program established as
a trust—Risk manager—Limited extension of deadline
for compliance. No local government self-insured employee
health and welfare benefit program established as a trust by
a local government entity or entities prior to July 25, 1993,
may continue in operation unless such program complies
with the provisions of this chapter within one hundred eighty
[Title 48 RCW—page 335]
48.62.123
Title 48 RCW: Insurance
days after July 25, 1993. The state risk manager may extend
such period if the risk manager finds that such local government entity or entities are making a good faith effort and
taking all necessary steps to comply with this chapter;
however, in no event may the risk manager extend the
period required for compliance more than ninety days after
the expiration of the initial one hundred eighty-day period.
[1993 c 458 § 2.]
Review of health care trusts—1993 c 458: See note following RCW
48.62.121.
48.62.125 Educational service districts—Rules—
Superintendent of public instruction. All rules adopted by
the superintendent of public instruction by January 1, 1992,
that apply to self-insurance programs of educational service
districts remain in effect until expressly amended, repealed,
or superseded by the state risk manager or the state health
care authority. [1991 sp.s. c 30 § 31.]
48.62.131 Preexisting programs—Notice to state
auditor. Every local government entity that has established
a self-insurance program not subject to the prior approval
requirements of this chapter shall provide written notice to
the state auditor of the existence of the program. The notice
must identify the manager of the program and the class or
classes of risk self-insured. The notice must also identify all
investments and distribution of assets of the program, the
current depository of assets and the program’s designation of
asset depository and investment agent as required by RCW
48.62.111. In addition, the local government entity shall
notify the state auditor whenever the program covers a new
class of risk or discontinues the self-insurance of a class of
risk. [1991 sp.s. c 30 § 13.]
48.62.141 Insufficient assets—Program requirement. Every joint self-insurance program covering liability
or property risks, excluding multistate programs governed by
RCW 48.62.081, shall provide for the contingent liability of
participants in the program if assets of the program are
insufficient to cover the program’s liabilities. [1991 sp.s. c
30 § 14.]
pany the initial submission of the plan of operation and
management.
(2) The costs of subsequent reviews and investigations
shall be charged to the self-insurance program being reviewed or investigated in accordance with the actual time
and expenses incurred in the review or investigation.
(3) After the formation of the two advisory boards, each
board may calculate, levy, and collect from each joint
property and liability self-insurance program and each
individual and joint health and welfare benefit program
regulated by this chapter a start-up assessment to pay initial
expenses and operating costs of the boards and the risk
manager’s office in administering this chapter. Any program
failing to remit its assessment when due is subject to denial
of permission to operate or to a cease and desist order until
the assessment is paid. [1991 sp.s. c 30 § 16.]
48.62.171 Dissemination of information—Civil
immunity. (1) Any person who files reports or furnishes
other information required under Title 48 RCW, required by
the risk manager or the state auditor under authority granted
by Title 48 RCW, or which is useful to the risk manager or
the state auditor in the administration of Title 48 RCW, shall
be immune from liability in any civil action or suit arising
from the filing of any such report or furnishing such information to the risk manager or to the state auditor, unless
actual malice, fraud, or bad faith is shown.
(2) The risk manager and the state auditor, and the
agents and employees of each, are immune from liability in
any civil action or suit arising from the publication of any
report or bulletins or arising from dissemination of information related to the official activities of the risk manager, the
advisory boards, or the state auditor, unless actual malice,
fraud, or bad faith is shown.
(3) The immunity granted by this section is in addition
to any common law or statutory privilege or immunity
enjoyed by such person, and nothing in this section is
intended to abrogate or modify in any way such common
law or statutory privilege or immunity. [1991 sp.s. c 30 §
17.]
48.62.151 Insurance premium taxes—Exemption.
A joint self-insurance program approved in accordance with
this chapter is exempt from insurance premium taxes, from
fees assessed under chapter 48.02 RCW, from chapters 48.32
and 48.32A RCW, from business and occupations taxes
imposed under chapter 82.04 RCW, and from any assigned
risk plan or joint underwriting association otherwise required
by law. This section does not apply to and no exemption is
provided for insurance companies issuing policies to cover
program risks, nor does it apply to or provide an exemption
for third-party administrators or brokers serving the selfinsurance program. [1991 sp.s. c 30 § 15.]
48.62.900 Effective date, implementation, application—1991 sp.s. c 30. (1) This act shall take effect January
1, 1992, but the state risk manager shall take all steps
necessary to implement this act on its effective date.
(2) Every individual local government self-insured
employee health and welfare plan and self-insurance program
that has been in continuous operation for at least one year
before January 1, 1992, need not obtain approval to continue
operations until January 1, 1993, but must comply with all
other provisions of this act.
(3) Local government entity authority to self-insure
employee health and welfare benefits applies retroactively to
1979. [1991 sp.s. c 30 § 30.]
48.62.161 Establishment of fee to cover costs—
Boards—State risk manager. (1) The state risk manager
shall establish and charge an investigation fee in an amount
necessary to cover the costs for the initial review and
approval of a self-insurance program. The fee must accom-
48.62.901 Severability—1991 sp.s. c 30. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1991 sp.s. c 30 § 32.]
[Title 48 RCW—page 336]
(2002 Ed.)
Medicare Supplemental Health Insurance Act
Chapter 48.66
MEDICARE SUPPLEMENTAL HEALTH
INSURANCE ACT
Sections
48.66.010
48.66.020
48.66.030
48.66.035
48.66.041
48.66.045
48.66.050
48.66.055
48.66.060
48.66.070
48.66.080
48.66.090
48.66.100
48.66.110
48.66.120
48.66.130
48.66.140
48.66.150
48.66.160
48.66.165
48.66.900
48.66.910
Short title—Intent—Application of chapter.
Definitions.
Renewability—Benefit standards—Benefit limitations.
Commissioner’s approval required.
Minimum standards required by rule—Waiver.
Mandated coverage for replacement policies—Rates on a
community-rated basis.
Policy or certificate provisions prohibited by rule—Waivers
restricted.
Termination or disenrollment—Application for coverage—
Eligible persons—Types of policies.
Equal coverage of sickness and accidents.
Adjustment of benefits and premiums for medicare costsharing.
"Benefit period"—"Medicare benefit period"—Minimum
requirements.
Guaranteed renewable—Exceptions.
Loss ratio requirements—Mass sales practices of individual
policies.
Disclosure by insurer—Outline of coverage required.
Return of policy and refund of premium—Notice required—
Effect of return.
Preexisting condition limitations.
Medical history.
Reporting and recordkeeping, separate data required.
Federal law supersedes.
Conformity with federal law—Rules.
Severability—1981 c 153.
Effective date—1981 c 153.
48.66.010 Short title—Intent—Application of
chapter. This chapter shall be known and may be cited as
"The Medicare Supplemental Health Insurance Act" and is
intended to govern the content and sale of medicare supplemental insurance as defined in this chapter. The provisions
of this chapter shall apply in addition to, rather than in place
of, other requirements of Title 48 RCW. [1981 c 153 § 1.]
48.66.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Medicare supplemental insurance" or "medicare
supplement insurance policy" refers to a group or individual
policy of disability insurance or a subscriber contract of a
health care service contractor, a health maintenance organization, or a fraternal benefit society, which relates its
benefits to medicare, or which is advertised, marketed, or
designed primarily as a supplement to reimbursements under
medicare for the hospital, medical, or surgical expenses of
persons eligible for medicare. Such term does not include:
(a) A policy or contract of one or more employers or
labor organizations, or of the trustees of a fund established
by one or more employers or labor organizations, or combination thereof, for employees or former employees, or
combination thereof, or for members or former members, or
combination thereof, of the labor organizations; or
(b) A policy issued pursuant to a contract under Section
1876 of the federal social security act (42 U.S.C. Sec. 1395
et seq.), or an issued policy under a demonstration specified
in 42 U.S.C. Sec. 1395(g)(1); or
(2002 Ed.)
Chapter 48.66
(c) Insurance policies or health care benefit plans,
including group conversion policies, provided to medicare
eligible persons, that are not marketed or held to be medicare supplement policies or benefit plans.
(2) "Medicare" means the "Health Insurance for the
Aged Act," Title XVIII of the Social Security Amendments
of 1965, as then constituted or later amended.
(3) "Medicare eligible expenses" means health care
expenses of the kinds covered by medicare, to the extent
recognized as reasonable and medically necessary by
medicare.
(4) "Applicant" means:
(a) In the case of an individual medicare supplement
insurance policy or subscriber contract, the person who seeks
to contract for insurance benefits; and
(b) In the case of a group medicare supplement insurance policy or subscriber contract, the proposed certificate
holder.
(5) "Certificate" means any certificate delivered or
issued for delivery in this state under a group medicare
supplement insurance policy.
(6) "Loss ratio" means the incurred claims as a percentage of the earned premium computed under rules adopted by
the insurance commissioner.
(7) "Preexisting condition" means a covered person’s
medical condition that caused that person to have received
medical advice or treatment during a specified time period
immediately prior to the effective date of coverage.
(8) "Disclosure form" means the form designated by the
insurance commissioner which discloses medicare benefits,
the supplemental benefits offered by the insurer, and the
remaining amount for which the insured will be responsible.
(9) "Issuer" includes insurance companies, health care
service contractors, health maintenance organizations,
fraternal benefit societies, and any other entity delivering or
issuing for delivery medicare supplement policies or certificates to a resident of this state. [1996 c 269 § 1; 1995 c 85
§ 1; 1992 c 138 § 1; 1981 c 153 § 2.]
Effective date—1996 c 269: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 29, 1996]." [1996 c 269 § 2.]
48.66.030 Renewability—Benefit standards—Benefit
limitations. (1) A medicare supplement insurance policy
which provides for the payment of benefits may not be based
on standards described as "usual and customary," "reasonable
and customary," or words of similar import.
(2) Limitations on benefits, such as policy exclusions or
waiting periods, shall be labeled in a separate section of the
policy or placed with the benefit provisions to which they
apply, rather than being included in other sections of the
policy, rider, or endorsement. [1992 c 138 § 2; 1981 c 153
§ 3.]
48.66.035 Commissioner’s approval required. (1)
A medicare supplement insurance policy or certificate form
or application form, rider, or endorsement shall not be
issued, delivered, or used unless it has been filed with and
approved by the commissioner.
[Title 48 RCW—page 337]
48.66.035
Title 48 RCW: Insurance
(2) Rates, or modification of rates, for medicare supplement policies or certificates shall not be used until filed with
and approved by the commissioner.
(3) Every filing shall be received not less than thirty
days in advance of any such issuance, delivery, or use. At
the expiration of such thirty days the form or rate so filed
shall be deemed approved unless prior thereto it has been
affirmatively approved or disapproved by order of the
commissioner. The commissioner may extend by not more
than an additional fifteen days the period within which he or
she may affirmatively approve or disapprove any such form
or rate, by giving notice of such extension before expiration
of the initial thirty-day waiting period. At the expiration of
any such period as so extended, and in the absence of such
prior affirmative approval or disapproval, any such form or
rate shall be deemed approved. A filing of a form or rate or
modification thereto may not be deemed approved unless the
filing contains all required documents prescribed by the
commissioner. The commissioner may withdraw any such
approval at any time for cause. By approval of any such
form or rate for immediate use, the commissioner may waive
any unexpired portion of such initial thirty-day waiting
period.
(4) The commissioner’s order disapproving any such
form or rate or withdrawing a previous approval shall state
the grounds therefor.
(5) A form or rate shall not knowingly be issued,
delivered, or used if the commissioner’s approval does not
then exist. [1992 c 138 § 3.]
48.66.041 Minimum standards required by rule—
Waiver. (1) The insurance commissioner shall adopt rules
to establish minimum standards for benefits in medicare
supplement insurance policies and certificates.
(2) The commissioner shall adopt rules to establish
specific standards for medicare supplement insurance policy
or certificate provisions. These rules may include but are
not limited to:
(a) Terms of renewability;
(b) Nonduplication of coverage;
(c) Benefit limitations, exceptions, and reductions;
(d) Definitions of terms;
(e) Requiring refunds or credits if the policies or
certificates do not meet loss ratio requirements;
(f) Establishing uniform methodology for calculating
and reporting loss ratios;
(g) Assuring public access to policies, premiums, and
loss ratio information of an issuer of medicare supplement
insurance;
(h) Establishing a process for approving or disapproving
proposed premium increases; and
(i) Establishing standards for medicare SELECT policies
and certificates.
(3) The insurance commissioner may adopt rules that
establish disclosure standards for replacement of policies or
certificates by persons eligible for medicare.
(4) The insurance commissioner may by rule prescribe
that an informational brochure, designed to improve the
buyer’s understanding of medicare and ability to select the
most appropriate coverage, be provided to persons eligible
for medicare by reason of age. The commissioner may
[Title 48 RCW—page 338]
require that the brochure be provided to applicants concurrently with delivery of the outline of coverage, except with
respect to direct response insurance, when the brochure may
be provided upon request but no later than the delivery of
the policy.
(5) In the case of a state or federally qualified health
maintenance organization, the commissioner may waive
compliance with one or all provisions of this section until
January 1, 1983. [1993 c 388 § 1; 1992 c 138 § 4; 1982 c
200 § 1.]
48.66.045 Mandated coverage for replacement
policies—Rates on a community-rated basis. Every issuer
of a medicare supplement insurance policy or certificate
providing coverage to a resident of this state issued on or
after January 1, 1996, shall:
(1) Issue coverage under its standardized benefit plans
B, C, D, E, F, and G without evidence of insurability to any
resident of this state who is eligible for both medicare
hospital and physician services by reason of age or by reason
of disability or end-stage renal disease, if the medicare
supplement policy replaces another medicare supplement
standardized benefit plan policy or certificate B, C, D, E, F,
or G, or other more comprehensive coverage than the
replacing policy;
(2) Issue coverage under its standardized plans A, H, I,
and J without evidence of insurability to any resident of this
state who is eligible for both medicare hospital and physician
services by reason of age or by reason of disability or endstage renal disease, if the medicare supplement policy
replaces another medicare supplement policy or certificate
which is the same standardized plan as the replaced policy;
and
(3) Set rates only on a community-rated basis. Premiums shall be equal for all policyholders and certificate
holders under a standardized medicare supplement benefit
plan form, except that an issuer may develop no more than
two rating pools that distinguish between an insured’s
eligibility for medicare by reason of:
(a) Age; or
(b) Disability or end-stage renal disease. [1999 c 334
§ 1; 1995 c 85 § 3.]
Effective date—1999 c 334: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 14, 1999]." [1999 c 334 § 2.]
48.66.050 Policy or certificate provisions prohibited
by rule—Waivers restricted. (1) The insurance commissioner may issue reasonable rules that specify prohibited
policy provisions not otherwise specifically authorized by
statute which, in the opinion of the commissioner, are unfair,
unjust, or unfairly discriminatory to any person insured or
proposed to be insured under a medicare supplement
insurance policy or certificate.
(2) No medicare supplement insurance policy may use
waivers to exclude, limit, or reduce coverage or benefits for
specifically named or described preexisting diseases or
physical conditions. [1992 c 138 § 5; 1981 c 153 § 5.]
(2002 Ed.)
Medicare Supplemental Health Insurance Act
48.66.055 Termination or disenrollment—
Application for coverage—Eligible persons—Types of
policies. (1) Under this section, persons eligible for a
medicare supplement policy or certificate are those individuals described in subsection (3) of this section who, subject
to subsection (3)(b)(ii) of this section, apply to enroll under
the policy not later than sixty-three days after the date of the
termination of enrollment described in subsection (3) of this
section, and who submit evidence of the date of termination
or disenrollment with the application for a medicare supplement policy.
(2) With respect to eligible persons, an issuer may not
deny or condition the issuance or effectiveness of a medicare
supplement policy described in subsection (4) of this section
that is offered and is available for issuance to new enrollees
by the issuer, shall not discriminate in the pricing of such a
medicare supplement policy because of health status, claims
experience, receipt of health care, or medical condition, and
shall not impose an exclusion of benefits based on a preexisting condition under such a medicare supplement policy.
(3) "Eligible persons" means an individual that meets
the requirements of (a), (b), (c), (d), (e), or (f) of this
subsection, as follows:
(a) The individual is enrolled under an employee
welfare benefit plan that provides health benefits that
supplement the benefits under medicare; and the plan
terminates, or the plan ceases to provide all such supplemental health benefits to the individual;
(b)(i) The individual is enrolled with a medicare+choice
organization under a medicare+choice plan under part C of
medicare, and any of the following circumstances apply, or
the individual is sixty-five years of age or older and is
enrolled with a program of all inclusive care for the elderly
(PACE) provider under section 1894 of the social security
act, and there are circumstances similar to those described in
this subsection (3)(b) that would permit discontinuance of
the individual’s enrollment with the provider if the individual
were enrolled in a medicare+choice plan:
(A) The certification of the organization or plan under
this subsection (3)(b) has been terminated, or the organization or plan has notified the individual of an impending
termination of such a certification;
(B) The organization has terminated or otherwise
discontinued providing the plan in the area in which the
individual resides, or has notified the individual of an
impending termination or discontinuance of such a plan;
(C) The individual is no longer eligible to elect the plan
because of a change in the individual’s place of residence or
other change in circumstances specified by the secretary of
the United States department of health and human services,
but not including termination of the individual’s enrollment
on the basis described in section 1851(g)(3)(B) of the federal
social security act (where the individual has not paid premiums on a timely basis or has engaged in disruptive behavior
as specified in standards under section 1856 of the federal
social security act), or the plan is terminated for all individuals within a residence area;
(D) The individual demonstrates, in accordance with
guidelines established by the secretary of the United States
department of health and human services, that:
(I) The organization offering the plan substantially
violated a material provision of the organization’s contract
(2002 Ed.)
48.66.055
under this part in relation to the individual, including the
failure to provide an enrollee on a timely basis medically
necessary care for which benefits are available under the
plan or the failure to provide such covered care in accordance with applicable quality standards; or
(II) The organization, an agent, or other entity acting on
the organization’s behalf materially misrepresented the plan’s
provisions in marketing the plan to the individual; or
(E) The individual meets other exceptional conditions as
the secretary of the United States department of health and
human services may provide.
(ii)(A) An individual described in (b)(i) of this subsection may elect to apply (a) of this subsection by substituting,
for the date of termination of enrollment, the date on which
the individual was notified by the medicare+choice organization of the impending termination or discontinuance of the
medicare+choice plan it offers in the area in which the
individual resides, but only if the individual disenrolls from
the plan as a result of such notification.
(B) In the case of an individual making the election
under (b)(ii)(A) of this subsection, the issuer involved shall
accept the application of the individual submitted before the
date of termination of enrollment, but the coverage under
subsection (1) of this section shall only become effective
upon termination of coverage under the medicare+choice
plan involved;
(c)(i) The individual is enrolled with:
(A) An eligible organization under a contract under
section 1876 (medicare risk or cost);
(B) A similar organization operating under demonstration project authority, effective for periods before April 1,
1999;
(C) An organization under an agreement under section
1833(a)(1)(A) (health care prepayment plan); or
(D) An organization under a medicare select policy; and
(ii) The enrollment ceases under the same circumstances
that would permit discontinuance of an individual’s election
of coverage under (b)(i) of this subsection;
(d) The individual is enrolled under a medicare supplement policy and the enrollment ceases because:
(i)(A) Of the insolvency of the issuer or bankruptcy of
the nonissuer organization; or
(B) Of other involuntary termination of coverage or
enrollment under the policy;
(ii) The issuer of the policy substantially violated a
material provision of the policy; or
(iii) The issuer, an agent, or other entity acting on the
issuer’s behalf materially misrepresented the policy’s
provisions in marketing the policy to the individual;
(e)(i) The individual was enrolled under a medicare
supplement policy and terminates enrollment and subsequently enrolls, for the first time, with any medicare+choice
organization under a medicare+choice plan under part C of
medicare, any eligible organization under a contract under
section 1876 (medicare risk or cost), any similar organization
operating under demonstration project authority, any PACE
program under section 1894 of the social security act, an
organization under an agreement under section 1833(a)(1)(A)
(health care prepayment plan), or a medicare select policy;
and
(ii) The subsequent enrollment under (e)(i) of this
subsection is terminated by the enrollee during any period
[Title 48 RCW—page 339]
48.66.055
Title 48 RCW: Insurance
within the first twelve months of such subsequent enrollment
(during which the enrollee is permitted to terminate such
subsequent enrollment under section 1851(e) of the federal
social security act); or
(f) The individual, upon first becoming eligible for
benefits under part A of medicare at age sixty-five, enrolls
in a medicare+choice plan under part C of medicare, or in a
PACE program under section 1894, and disenrolls from the
plan or program by not later than twelve months after the
effective date of enrollment.
(4) An eligible person under subsection (3) of this
section is entitled to a medicare supplement policy as
follows:
(a) A person eligible under subsection (3)(a), (b), (c),
and (d) of this section is entitled to a medicare supplement
policy that has a benefit package classified as plan A
through G offered by any issuer;
(b) A person eligible under subsection (3)(e) of this
section is entitled to the same medicare supplement policy in
which the individual was most recently previously enrolled,
if available from the same issuer, or, if not so available, a
policy described in (a) of this subsection; and
(c) A person eligible under subsection (3)(f) of this
section is entitled to any medicare supplement policy offered
by any issuer.
(5)(a) At the time of an event described in subsection
(3) of this section, and because of which an individual loses
coverage or benefits due to the termination of a contract,
agreement, policy, or plan, the organization that terminates
the contract or agreement, the issuer terminating the policy,
or the administrator of the plan being terminated, respectively, must notify the individual of his or her rights under this
section, and of the obligations of issuers of medicare
supplement policies under subsection (1) of this section.
The notice must be communicated contemporaneously with
the notification of termination.
(b) At the time of an event described in subsection (3)
of this section, and because of which an individual ceases
enrollment under a contract, agreement, policy, or plan, the
organization that offers the contract or agreement, regardless
of the basis for the cessation of enrollment, the issuer
offering the policy, or the administrator of the plan, respectively, must notify the individual of his or her rights under
this section, and of the obligations of issuers of medicare
supplement policies under subsection (1) of this section.
The notice must be communicated within ten working days
of the issuer receiving notification of disenrollment. [2002
c 300 § 4.]
48.66.060 Equal coverage of sickness and accidents.
A medicare supplement insurance policy may not indemnify
against losses resulting from sickness on a different basis
than losses resulting from accidents. [1981 c 153 § 6.]
48.66.070 Adjustment of benefits and premiums for
medicare cost-sharing. A medicare supplement insurance
policy must provide that benefits designed to cover costsharing amounts under medicare will be changed automatically to coincide with any changes in the applicable medicare deductible amount and copayment percentage factors.
[Title 48 RCW—page 340]
Premiums may be modified to correspond with such changes. [1981 c 153 § 7.]
48.66.080 "Benefit period"—"Medicare benefit
period"—Minimum requirements. "Benefit period" or
"medicare benefit period" may not be defined more restrictively than as defined in the medicare program. [1981 c 153
§ 8.]
48.66.090 Guaranteed renewable—Exceptions. All
medicare supplement policies must be guaranteed renewable
and a medicare supplement insurance policy may not provide
that the policy may be cancelled or nonrenewed by the
insurer solely on the grounds of deterioration of health. The
issuer shall not cancel or nonrenew the policy for any reason
other than nonpayment of premium or material misrepresentation. All medicare supplement policies and certificates
must include a renewal or continuation provision. The language or specifications of such provision must be appropriately captioned, appear on the first page of the policy, and
shall include any reservation by the issuer or a right to
change premium. [1992 c 138 § 6; 1981 c 153 § 9.]
48.66.100 Loss ratio requirements—Mass sales
practices of individual policies. (1) Medicare supplement
insurance policies shall return to policyholders in the form
of aggregate benefits under the policy, for the entire period
for which rates are computed to provide coverage, loss ratios
of:
(a) At least seventy-five percent of the aggregate
amount of premiums earned in the case of group policies;
and
(b) At least sixty-five percent of the aggregate amount
of premiums earned in the case of individual policies.
(2) For the purpose of this section, medicare supplement
insurance policies issued as a result of solicitation of
individuals through the mail or mass media advertising,
including both print and broadcast advertising, shall be
treated as individual policies.
(3) The insurance commissioner may adopt rules
sufficient to accomplish the provisions of this section and
may, by such rules, impose more stringent or appropriate
loss ratio requirements when it is necessary for the protection of the public interest. [1992 c 138 § 7; 1982 c 200 § 2;
1981 c 153 § 10.]
48.66.110 Disclosure by insurer—Outline of coverage required. In order to provide for full and fair disclosure in the sale of medicare supplement policies, a medicare
supplement policy or certificate shall not be delivered in this
state unless an outline of coverage is delivered to the
potential policyholder not later than the time of application
for the policy. [1992 c 138 § 8; 1981 c 153 § 11.]
48.66.120 Return of policy and refund of premium—Notice required—Effect of return. Every individual
medicare supplement insurance policy issued after January
1, 1982, and every certificate issued pursuant to a group
medicare supplement policy after January 1, 1982, shall have
prominently displayed on the first page of the policy form or
certificate a notice stating in substance that the person to
(2002 Ed.)
Medicare Supplemental Health Insurance Act
whom the policy or certificate is issued shall be permitted to
return the policy or certificate within thirty days of its
delivery to the purchaser and to have the premium refunded
if, after examination of the policy or certificate, the purchaser is not satisfied with it for any reason. An additional ten
percent penalty shall be added to any premium refund due
which is not paid within thirty days of return of the policy
to the insurer or agent. If a policyholder or purchaser,
pursuant to such notice, returns the policy or certificate to
the insurer at its home or branch office or to the agent
through whom it was purchased, it shall be void from the
beginning and the parties shall be in the same position as if
no policy or certificate had been issued. [1983 1st ex.s. c 32
§ 12; 1982 c 200 § 3; 1981 c 153 § 12.]
48.66.130 Preexisting condition limitations. (1) On
or after January 1, 1996, and notwithstanding any other
provision of Title 48 RCW, a medicare supplement policy or
certificate shall not exclude or limit benefits for losses
incurred more than three months from the effective date of
coverage because it involved a preexisting condition.
(2) On or after January 1, 1996, a medicare supplement
policy or certificate shall not define a preexisting condition
more restrictively than as a condition for which medical
advice was given or treatment was recommended by or
received from a physician, or other health care provider
acting within the scope of his or her license, within three
months before the effective date of coverage.
(3) If a medicare supplement insurance policy or
certificate contains any limitations with respect to preexisting
conditions, such limitations must appear as a separate
paragraph of the policy or certificate and be labeled as "Preexisting Condition Limitations."
(4) No exclusion or limitation of preexisting conditions
may be applied to policies or certificates replaced in accordance with the provisions of RCW 48.66.045 if the policy or
certificate replaced had been in effect for at least three
months. [2002 c 300 § 3; 1995 c 85 § 2; 1992 c 138 § 9;
1981 c 153 § 13.]
48.66.140 Medical history. Any time that completion
of a medical history of a patient is required in order for an
application for a medicare supplement insurance policy to be
accepted, that medical history must be completed by the
applicant, a relative of the applicant, a legal guardian of the
applicant, or a physician. [1981 c 153 § 14.]
48.66.150 Reporting and recordkeeping, separate
data required. Commencing with reports for accounting
periods beginning on or after January 1, 1982, insurers,
health care service contractors, health maintenance organizations, and fraternal benefit societies shall, for reporting and
recordkeeping purposes, separate data concerning medicare
supplement insurance policies and contracts from data
concerning other disability insurance policies and contracts.
[1981 c 153 § 15.]
48.66.160 Federal law supersedes. In any case
where the provisions of this chapter conflict with provisions
of the "Health Insurance For The Aged Act," Title XVIII of
the Social Security Amendments of 1965, or any amend(2002 Ed.)
48.66.120
ments thereto or regulations promulgated thereunder,
regarding any contract between the secretary of health and
human services and a health maintenance organization, the
provisions of the "Health Insurance For The Aged Act" shall
supersede and be paramount. [1981 c 153 § 16.]
48.66.165 Conformity with federal law—Rules. The
commissioner may adopt, from time-to-time, such rules as
are necessary with respect to medicare supplemental insurance to conform Washington policies, contracts, certificates,
standards, and practices to the requirements of federal law,
specifically including 42 U.S.C. Sec. 1395ss, and federal
regulations adopted thereunder. [1991 c 120 § 1.]
48.66.900 Severability—1981 c 153. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1981 c 153 § 17.]
48.66.910 Effective date—1981 c 153. This act shall
take effect January 1, 1982. [1981 c 153 § 19.]
Chapter 48.68
HEALTH CARE SAVINGS ACCOUNT ACT
Sections
48.68.005
48.68.010
Intent—Health care savings accounts authorized.
Duties of governor and responsible agencies—Chapter to
remain in effect.
48.68.005 Intent—Health care savings accounts
authorized. (1) This chapter shall be known as the health
care savings account act.
(2) The legislature recognizes that the costs of health
care are increasing rapidly and most individuals are removed
from participating in the purchase of their health care.
As a result, it becomes critical to encourage and support
solutions to alleviate the demand for diminishing state
resources. In response to these increasing costs in health
care spending, the legislature intends to clarify that health
care savings accounts may be offered as health benefit
options to all residents as incentives to reduce unnecessary
health services utilization, administration, and paperwork,
and to encourage individuals to be in charge of and participate directly in their use of service and health care spending.
To alleviate the possible impoverishment of residents requiring long-term care, health care savings accounts may
promote savings for long-term care and provide incentives
for individuals to protect themselves from financial hardship
due to a long-term health care need.
(3) Health care savings accounts are authorized in
Washington state as options to employers and residents.
[1995 c 265 § 2.]
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
48.68.010 Duties of governor and responsible
agencies—Chapter to remain in effect. The governor and
responsible agencies shall:
[Title 48 RCW—page 341]
48.68.010
Title 48 RCW: Insurance
(1) Request that the United States congress amend the
internal revenue code to treat premiums and contributions to
health benefits plans, such as health care savings account
programs, basic health plans, conventional and standard
health plans offered through a health carrier, by employers,
self-employed persons, and individuals, as fully excluded
employer expenses and deductible from individual adjusted
gross income for federal tax purposes.
(2) Request that the United States congress amend the
internal revenue code to exempt from federal income tax
interest that accrues in health care savings accounts until
such money is withdrawn for expenditures other than eligible
health expenses as defined in law.
(3) If all federal statute or regulatory waivers necessary
to fully implement this chapter have not been obtained by
July 1, 1995, this chapter shall remain in effect. [1995 c
265 § 3.]
Captions not law—Effective dates—Savings—Severability—1995
c 265: See notes following RCW 70.47.015.
Chapter 48.70
SPECIFIED DISEASE INSURANCE ACT
Sections
48.70.010
48.70.020
48.70.030
48.70.040
48.70.900
48.70.910
Legislative intent.
Definitions—Rules.
Expected returns to policyholders—Rules.
Rules required.
Application of chapter.
Severability—1982 c 181.
48.70.010 Legislative intent. This chapter shall be
known as the specified disease insurance act and is intended
to govern the content and sale of specified disease insurance
as defined in this chapter. This chapter applies in addition
to, rather than in place of, other requirements of Title 48
RCW. It is the intent of the legislature to guarantee that
specified disease policies issued, delivered, or used in this
state provide a reasonable level of benefits to the policyholders. This chapter shall be applied broadly to ensure achievement of its aim. [1982 c 181 § 20.]
48.70.020 Definitions—Rules. Unless the context
clearly requires otherwise, the definitions in this section
apply throughout this chapter.
(1) "Specified disease policy" refers to any insurance
policy or contract which provides benefits to a policyholder
only in the event that the policyholder contracts the disease
or diseases specifically named in the policy.
(2) "Loss ratio" means the incurred claims as a percentage of the earned premium, computed under rules adopted
by the commissioner. Earned premiums and incurred claims
shall be computed under rules adopted by the commissioner.
[1982 c 181 § 21.]
48.70.030 Expected returns to policyholders—Rules.
(1) Commencing with reports for the accounting periods
beginning on or after July 1, 1983, specified disease policies
shall be expected to return to policyholders in the form of
aggregate loss ratios under the policy:
[Title 48 RCW—page 342]
(a) At least seventy-five percent of the earned premiums
in the case of group policies; and
(b) At least sixty percent of the earned premiums in the
case of individual policies.
(2) For the purpose of this section, specified disease
insurance policies issued as a result of solicitation of
individuals through the mail or mass media advertising,
including both print and broadcast advertising, shall be
treated as individual policies.
(3) By July 1, 1983, the commissioner shall adopt rules
sufficient to accomplish the provisions of this section. [1982
c 181 § 22.]
48.70.040 Rules required. By July 1, 1983, the
commissioner shall adopt all rules necessary to ensure that
specified disease policies provide a reasonable level of
benefits to policyholders, and that purchasers and potential
purchasers of such policies are fully informed of the level of
benefits provided. [1982 c 181 § 23.]
48.70.900 Application of chapter. This chapter shall
apply to all policies issued on or after July 1, 1983. This
chapter shall not apply to services provided by health care
service contractors as defined in RCW 48.44.010. [1982 c
181 § 24.]
48.70.910 Severability—1982 c 181. See note
following RCW 48.03.010.
Chapter 48.74
STANDARD VALUATION LAW
Sections
48.74.010
48.74.020
48.74.025
48.74.030
48.74.040
48.74.050
48.74.060
48.74.070
48.74.080
48.74.090
Short title—"NAIC" defined.
Valuation of reserve liabilities.
Reserves and related actuarial items—Opinion of a qualified
actuary—Requirements for the opinion—Rules.
Minimum standard for valuation.
Amount of reserves required.
Minimum aggregate reserves.
Other methods of reserve calculation.
Minimum reserve if gross premium less than valuation net
premium.
Procedure when specified methods of reserve determination
unfeasible.
Valuation of disability insurance.
48.74.010 Short title—"NAIC" defined. This
chapter may be known and cited as the standard valuation
law. As used in this chapter, "NAIC" means the National
Association of Insurance Commissioners. [1982 1st ex.s. c
9 § 1.]
48.74.020 Valuation of reserve liabilities. The
commissioner shall annually value, or cause to be valued, the
reserve liabilities, hereinafter called reserves, for all outstanding life insurance policies and annuity and pure endowment contracts of every life insurance company doing
business in this state, and may certify the amount of any
such reserves, specifying the mortality table or tables, rate or
rates of interest, and methods, including net level premium
method or other, used in the calculation of such reserves. In
(2002 Ed.)
Standard Valuation Law
calculating such reserves, the commissioner may use group
methods and approximate averages for fractions of a year or
otherwise. In lieu of the valuation of the reserves herein
required of any foreign or alien company, the commissioner
may accept any valuation made, or caused to be made, by
the insurance supervisory official of any state or other
jurisdiction when such valuation complies with the minimum
standard provided in this chapter and if the official of such
state or jurisdiction accepts as sufficient and valid for all
legal purposes the certificate of valuation of the commissioner when such certificate states the valuation to have been
made in a specified manner according to which the aggregate
reserves would be at least as large as if they had been
computed in the manner prescribed by the law of that state
or jurisdiction. [1982 1st ex.s. c 9 § 2.]
48.74.025 Reserves and related actuarial items—
Opinion of a qualified actuary—Requirements for the
opinion—Rules. (1) Every life insurance company doing
business in this state shall annually submit the opinion of a
qualified actuary as to whether the reserves and related
actuarial items held in support of the policies and contracts
specified by the commissioner by rule are computed appropriately, are based on assumptions that satisfy contractual
provisions, are consistent with prior reported amounts, and
comply with applicable laws of this state. The commissioner
by rule shall define the specifics of this opinion and add any
other items deemed to be necessary to its scope.
(2)(a) Every life insurance company, except as exempted by rule, shall also include in the opinion required under
subsection (1) of this section an opinion as to whether the
reserves and related actuarial items held in support of the
policies and contracts specified by the commissioner by rule,
when considered in light of the assets held by the company
with respect to the reserves and related actuarial items,
including but not limited to the investment earnings on the
assets and the considerations anticipated to be received and
retained under the policies and contracts, make adequate
provision for the company’s obligations under the policies
and contracts, including but not limited to the benefits under
and expenses associated with the policies and contracts.
(b) The commissioner may provide by rule for a
transition period for establishing higher reserves that the
qualified actuary may deem necessary in order to render the
opinion required by this section.
(3) Each opinion required under subsection (2) of this
section is governed by the following provisions:
(a) A memorandum, in form and substance acceptable
to the commissioner as specified by rule, must be prepared
to support each actuarial opinion.
(b) If the insurance company fails to provide a supporting memorandum at the request of the commissioner within
a period specified by rule or if the commissioner determines
that the supporting memorandum provided by the insurance
company fails to meet the standards prescribed by the rules
or is otherwise unacceptable to the commissioner, the
commissioner may engage a qualified actuary at the expense
of the company to review the opinion and the basis for the
opinion and prepare such supporting memorandum as is
required by the commissioner.
(2002 Ed.)
48.74.020
(4) A memorandum in support of the opinion, and other
material provided by the company to the commissioner in
connection with it, must be kept confidential by the commissioner and may not be made public and is not subject to subpoena, other than for the purpose of defending an action
seeking damages from any person by reason of an action
required by this section or by rules adopted under it.
However, the commissioner may otherwise release the
memorandum or other material (a) with the written consent
of the company or (b) to the American Academy of Actuaries upon request stating that the memorandum or other
material is required for the purpose of professional disciplinary proceedings and setting forth procedures satisfactory to
the commissioner for preserving the confidentiality of the
memorandum or other material. Once any portion of the
confidential memorandum is cited by the company in its
marketing or is cited before any governmental agency other
than a state insurance department or is released by the
company to the news media, all portions of the confidential
memorandum are no longer confidential.
(5) Each opinion required under this section is governed
by the following provisions:
(a) The opinion must be submitted with the annual
statement reflecting the valuation of the reserve liabilities for
each year ending on or after December 31, 1994.
(b) The opinion applies to all business in force, including individual and group disability insurance, in form and
substance acceptable to the commissioner as specified by
rule.
(c) The opinion must be based on standards adopted by
the commissioner, who in setting the standards shall give due
regard to the standards established by the actuarial standards
board or its successors.
(d) In the case of an opinion required to be submitted
by a foreign or alien company, the commissioner may accept
the opinion filed by that company with the insurance
supervisory official of another state if the commissioner
determines that the opinion reasonably meets the requirements applicable to a company domiciled in this state.
(e) For purposes of this section, "qualified actuary"
means a person who meets qualifications set by the commissioner with due regard to the qualifications established for
membership in the American Academy of Actuaries or its
successors.
(f) Except in cases of fraud or willful misconduct, the
qualified actuary is not liable for damages to any person,
other than the insurance company and the commissioner, for
any act, error, omission, decision, or conduct with respect to
the actuary’s opinion.
(g) Rules adopted by the commissioner shall define
disciplinary action by the commissioner against the company
or the qualified actuary. [1993 c 462 § 85.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.74.030 Minimum standard for valuation. (1)
Except as otherwise provided in subsections (2) and (3) of
this section, or in RCW 48.74.090, the minimum standard
for the valuation of all such policies and contracts issued
prior to July 10, 1982, shall be that provided by the laws in
effect immediately prior to such date. Except as otherwise
provided in subsections (2) and (3) of this section, or in
[Title 48 RCW—page 343]
48.74.030
Title 48 RCW: Insurance
RCW 48.74.090, the minimum standard for the valuation of
all such policies and contracts issued on or after July 10,
1982, shall be the commissioner’s reserve valuation methods
defined in RCW 48.74.040, 48.74.070, and 48.74.090, three
and one-half percent interest, or in the case of life insurance
policies and contracts, other than annuity and pure endowment contracts, issued on or after July 16, 1973, four percent
interest for such policies issued prior to September 1, 1979,
five and one-half percent interest for single premium life
insurance policies and four and one-half percent interest for
all other such policies issued on and after September 1,
1979, and the following tables:
(a) For all ordinary policies of life insurance issued on
the standard basis, excluding any disability and accidental
death benefits in such policies—the commissioner’s 1941
standard ordinary mortality table for such policies issued
prior to the operative date of *RCW 48.23.350(5a) and the
commissioner’s 1958 standard ordinary mortality table for
such policies issued on or after such operative date and prior
to the operative date of RCW 48.76.050(4), except that for
any category of such policies issued on female risks, all
modified net premiums and present values referred to in this
chapter may be calculated according to an age not more than
six years younger than the actual age of the insured; and for
such policies issued on or after the operative date of RCW
48.76.050(4): (i) The commissioner’s 1980 standard
ordinary mortality table; or (ii) at the election of the company for any one or more specified plans of life insurance, the
commissioner’s 1980 standard ordinary mortality table with
ten-year select mortality factors; or (iii) any ordinary
mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the commissioner for use in determining the minimum standard of valuation for such policies.
(b) For all industrial life insurance policies issued on the
standard basis, excluding any disability and accidental death
benefits in such policies—the 1941 standard industrial
mortality table for such policies issued prior to the operative
date of *RCW 48.23.350(5b), and for such policies issued on
or after such operative date the commissioner’s 1961
standard industrial mortality table or any industrial mortality
table, adopted after 1980 by the National Association of
Insurance Commissioners, that is approved by rule of the
commissioner for use in determining the minimum standard
of valuation for such policies.
(c) For individual annuity and pure endowment contracts, excluding any disability and accidental death benefits
in such policies—the 1937 standard annuity mortality table
or, at the option of the company, the annuity mortality table
for 1949, ultimate, or any modification of either of these
tables approved by the commissioner.
(d) For group annuity and pure endowment contracts,
excluding any disability and accidental death benefits in such
policies—the group annuity mortality table for 1951, any
modification of such table approved by the commissioner, or,
at the option of the company, any of the tables or modifications of tables specified for individual annuity and pure
endowment contracts.
(e) For total and permanent disability benefits in or
supplementary to ordinary policies or contracts—for policies
or contracts issued on or after January 1, 1966, the tables of
period 2 disablement rates and the 1930 to 1950 termination
[Title 48 RCW—page 344]
rates of the 1952 disability study of the Society of Actuaries,
with due regard to the type of benefit or any tables of
disablement rates and termination rates, adopted after 1980
by the National Association of Insurance Commissioners,
that are approved by regulation promulgated by the commissioner for use in determining the minimum standard of
valuation for such policies; for policies or contracts issued
on or after January 1, 1961, and prior to January 1, 1966,
either such tables or, at the option of the company, the class
(3) disability table (1926); and for policies issued prior to
January 1, 1961, the class (3) disability table (1926). Any
such table shall, for active lives, be combined with a
mortality table permitted for calculating the reserves for life
insurance policies.
(f) For accidental death benefits in or supplementary to
policies—for policies issued on or after January 1, 1966, the
1959 accidental death benefits table or any accidental death
benefits table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by
regulation promulgated by the commissioner for use in
determining the minimum standard of valuation for such
policies; for policies issued on or after January 1, 1961, and
prior to January 1, 1966, either such table or, at the option
of the company, the intercompany double indemnity mortality table; and for policies issued prior to January 1, 1961, the
intercompany double indemnity mortality table. Either table
shall be combined with a mortality table permitted for
calculating the reserves for life insurance policies.
(g) For group life insurance, life insurance issued on the
substandard basis and other special benefits—such tables as
may be approved by the commissioner.
(2) Except as provided in subsection (3) of this section,
the minimum standard for the valuation of all individual
annuity and pure endowment contracts issued on or after
July 10, 1982, and for all annuities and pure endowments
purchased on or after such effective date under group
annuity and pure endowment contracts, shall be the
commissioner’s reserve valuation methods defined in RCW
48.74.040 and the following tables and interest rates:
(a) For individual annuity and pure endowment contracts
issued before September 1, 1979, excluding any disability
and accidental death benefit in such contracts—the 1971
individual annuity mortality table, or any modification of this
table approved by the commissioner, and six percent interest
for single premium immediate annuity contracts, and four
percent interest for all other individual annuity and pure
endowment contracts.
(b) For individual single premium immediate annuity
contracts issued on or after September 1, 1979, excluding
any disability and accidental death benefits in such contracts—the 1971 individual annuity mortality table or any
individual annuity mortality table, adopted after 1980 by the
National Association of Insurance Commissioners, that is
approved by regulation promulgated by the commissioner for
use in determining the minimum standard of valuation for
such contracts, or any modification of these tables approved
by the commissioner, and seven and one-half percent
interest.
(c) For individual annuity and pure endowment contracts
issued on or after September 1, 1979, other than single
premium immediate annuity contracts, excluding any disability and accidental death benefits in such contracts—the
(2002 Ed.)
Standard Valuation Law
1971 individual annuity mortality table or any individual
annuity mortality table, adopted after 1980 by the National
Association of Insurance Commissioners, that is approved by
regulation promulgated by the commissioner for use in
determining the minimum standard of valuation for such
contracts, or any modification of these tables approved by
the commissioner, and five and one-half percent interest for
single premium deferred annuity and pure endowment
contracts and four and one-half percent interest for all other
such individual annuity and pure endowment contracts.
(d) For all annuities and pure endowments purchased
prior to September 1, 1979, under group annuity and pure
endowment contracts, excluding any disability and accidental
death benefits purchased under such contracts—the 1971
group annuity mortality table, or any modification of this
table approved by the commissioner, and six percent interest.
(e) For all annuities and pure endowments purchased on
or after September 1, 1979, under group annuity and pure
endowment contracts, excluding any disability and accidental
death benefits purchased under such contracts—the 1971
group annuity mortality table or any group annuity mortality
table, adopted after 1980 by the National Association of
Insurance Commissioners, that is approved by regulation
promulgated by the commissioner for use in determining the
minimum standard of valuation for such annuities and pure
endowments, or any modification of these tables approved by
the commissioner, and seven and one-half percent interest.
After July 16, 1973, any company may file with the
commissioner a written notice of its election to comply with
the provisions of this section after a specified date before
January 1, 1979, which shall be the operative date of this
section for such company. If a company makes no such
election, the operative date of this section for such company
shall be January 1, 1979.
(3)(a) The interest rates used in determining the minimum standard for the valuation of:
(i) All life insurance policies issued in a particular
calendar year, on or after the operative date of RCW
48.76.050(4);
(ii) All individual annuity and pure endowment contracts
issued in a particular calendar year on or after January 1,
1982;
(iii) All annuities and pure endowments purchased in a
particular calendar year on or after January 1, 1982, under
group annuity and pure endowment contracts; and
(iv) The net increase, if any, in a particular calendar
year after January 1, 1982, in amounts held under guaranteed
interest contracts shall be the calendar year statutory valuation interest rates as defined in this section.
(b) The calendar year statutory valuation interest rates,
I, shall be determined as follows and the results rounded to
the nearer one-quarter of one percent:
(i) For life insurance:
I = .03 + W (R1 - .03) + W/2 (R2 - .09);
(ii) For single premium immediate annuities and for
annuity benefits involving life contingencies arising from
other annuities with cash settlement options and from
guaranteed interest contracts with cash settlement options:
I = .03 + W (R - .03)
where R1 is the lesser of R and .09,
R2 is the greater of R and .09,
(2002 Ed.)
48.74.030
R is the reference interest rate defined in this section,
and
W is the weighting factor defined in this section;
(iii) For other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options,
valued on an issue year basis, except as stated in (ii) of this
subparagraph, the formula for life insurance stated in (i) of
this subparagraph shall apply to annuities and guaranteed
interest contracts with guarantee durations in excess of ten
years and the formula for single premium immediate
annuities stated in (ii) of this subparagraph shall apply to
annuities and guaranteed interest contracts with guarantee
duration of ten years or less;
(iv) For other annuities with no cash settlement options
and for guaranteed interest contracts with no cash settlement
options, the formula for single premium immediate annuities
stated in (ii) of this subparagraph shall apply;
(v) For other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options,
valued on a change in fund basis, the formula for single
premium immediate annuities stated in (ii) of this subparagraph shall apply.
(c) However, if the calendar year statutory valuation
interest rate for any life insurance policies issued in any
calendar year determined without reference to this sentence
differs from the corresponding actual rate for similar policies
issued in the immediately preceding calendar year by less
than one-half of one percent, the calendar year statutory
valuation interest rate for such life insurance policies shall be
equal to the corresponding actual rate for the immediately
preceding calendar year. For purposes of applying the
immediately preceding sentence, the calendar year statutory
valuation interest rate for life insurance policies issued in a
calendar year shall be determined for 1983 using the
reference interest rate defined for 1982 and shall be determined for each subsequent calendar year regardless of when
RCW 48.76.050(4) becomes operative.
(d) The weighting factors referred to in the formulas
stated in subparagraph (b) of this subsection are given in the
following tables:
(i) Weighting Factors for Life Insurance:
Guarantee Duration
(Years)
10 or less
More than 10, but not more than 20
More than 20
Weighting
Factors
.50
.45
.35
For life insurance, the guarantee duration is the maximum number of years the life insurance can remain in force
on a basis guaranteed in the policy or under options to
convert to plans of life insurance with premium rates or
nonforfeiture values or both which are guaranteed in the
original policy;
(ii) Weighting factor for single premium immediate
annuities and for annuity benefits involving life contingencies arising from other annuities with cash settlement options
and guaranteed interest contracts with cash settlement
options: .80;
(iii) Weighting factors for other annuities and for
guaranteed interest contracts, except as stated in (ii) of this
subparagraph, shall be as specified in (d)(iii)(A), (B), and
[Title 48 RCW—page 345]
48.74.030
Title 48 RCW: Insurance
(C) of this subsection, according to the rules and definitions
in (d)(iii)(D), (E), and (F) of this subsection:
(A) For annuities and guaranteed interest contracts
valued on an issue year basis:
Guarantee Duration
Weighting Factor
for Plan Type
A
B
C
(Years)
5 or less:
More than 5, but not more than 10:
More than 10, but not more than 20:
More than 20:
.80
.75
.65
.45
.60
.60
.50
.35
.50
.50
.45
.35
(B) For annuities and guaranteed interest contracts
valued on a change in fund basis, the factors shown in
(d)(iii)(A) of this subsection increased by:
A
Plan Type
B
C
.15
.25
.05
(C) For annuities and guaranteed interest contracts
valued on an issue year basis other than those with no cash
settlement options which do not guarantee interest on
considerations received more than one year after issue or
purchase and for annuities and guaranteed interest contracts
valued on a change in fund basis which do not guarantee
interest rates on considerations received more than twelve
months beyond the valuation date, the factors shown in
(d)(iii)(A) of this subsection or derived in (d)(iii)(B) of this
subsection increased by:
A
Plan Type
B
C
.05
.05
.05
(D) For other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options,
the guarantee duration is the number of years for which the
contract guarantees interest rates in excess of the calendar
year statutory valuation interest rate for life insurance
policies with guarantee duration in excess of twenty years.
For other annuities with no cash settlement options and for
guaranteed interest contracts with no cash settlement options,
the guarantee duration is the number of years from the date
of issue or date of purchase to the date annuity benefits are
scheduled to commence.
(E) Plan type as used in the tables in (d)(iii)(A), (B),
and (C) of this subsection is defined as follows:
Plan Type A: At any time a policyholder may withdraw
funds only: (1) With an adjustment to reflect changes in
interest rates or asset values since receipt of the funds by the
insurance company; or (2) without such adjustment but in
installments over five years or more; or (3) as an immediate
life annuity; or (4) no withdrawal permitted.
Plan Type B: Before expiration of the interest rate
guarantee, a policyholder may withdraw funds only: (1)
With adjustment to reflect changes in interest rates or asset
values since receipt of the funds by the insurance company;
or (2) without such adjustment but in installments over five
years or more; or (3) no withdrawal permitted. At the end
of the interest rate guarantee, funds may be withdrawn
[Title 48 RCW—page 346]
without such adjustment in a single sum or installments over
less than five years.
Plan Type C: A policyholder may withdraw funds
before expiration of the interest rate guarantee in a single
sum or installments over less than five years either: (1)
Without adjustment to reflect changes in interest rates or
asset values since receipt of the funds by the insurance
company; or (2) subject only to a fixed surrender charge
stipulated in the contract as a percentage of the fund.
(F) A company may elect to value guaranteed interest
contracts with cash settlement options and annuities with
cash settlement options on either an issue year basis or on a
change in fund basis. Guaranteed interest contracts with no
cash settlement options and other annuities with no cash settlement options must be valued on an issue year basis. As
used in this section, an issue year basis of valuation refers to
a valuation basis under which the interest rate used to
determine the minimum valuation standard for the entire
duration of the annuity or guaranteed interest contract is the
calendar year valuation interest rate for the year of issue or
year of purchase of the annuity or guaranteed interest
contract. The change in fund basis of valuation refers to a
valuation basis under which the interest rate used to determine the minimum valuation standard applicable to each
change in the fund held under the annuity or guaranteed
interest contract is the calendar year valuation interest rate
for the year of the change in the fund.
(e) The reference interest rate referred to in subparagraphs (b) and (c) of this subsection is defined as follows:
(i) For all life insurance, the lesser of the average over
a period of thirty-six months and the average over a period
of twelve months, ending on June 30th of the calendar year
next preceding the year of issue, of Moody’s corporate bond
yield average—monthly average corporates, as published by
Moody’s Investors Service, Inc.
(ii) For single premium immediate annuities and for
annuity benefits involving life contingencies arising from
other annuities with cash settlement options and guaranteed
interest contracts with cash settlement options, the average
over a period of twelve months, ending on June 30th of the
calendar year of issue or year of purchase of Moody’s
corporate bond yield average—monthly average corporates,
as published by Moody’s Investors Service, Inc.
(iii) For other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options,
valued on a year of issue basis, except as stated in (ii) of
this subparagraph, with guarantee duration in excess of ten
years, the lesser of the average over a period of thirty-six
months and the average over a period of twelve months,
ending on June 30th of the calendar year of issue or purchase, of Moody’s corporate bond yield average—monthly
average corporates, as published by Moody’s Investors
Service, Inc.
(iv) For other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options,
valued on a year of issue basis, except as stated in (ii) of
this subparagraph, with guarantee duration of ten years or
less, the average over a period of twelve months, ending on
June 30th of the calendar year of issue or purchase, of
Moody’s corporate bond yield average—monthly average
corporates, as published by Moody’s Investors Service, Inc.
(2002 Ed.)
Standard Valuation Law
(v) For other annuities with no cash settlement options
and for guaranteed interest contracts with no cash settlement
options, the average over a period of twelve months, ending
on June 30th of the calendar year of issue or purchase, of
Moody’s corporate bond yield average—monthly average
corporates, as published by Moody’s Investors Service, Inc.
(vi) For other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options,
valued on a change in fund basis, except as stated in (ii) of
this subparagraph, the average over a period of twelve
months, ending on June 30th of the calendar year of the
change in the fund, of Moody’s corporate bond yield
average—monthly average corporates, as published by
Moody’s Investors Service, Inc.
(f) If Moody’s corporate bond yield average—monthly
average corporates is no longer published by Moody’s
Investors Service, Inc., or if the National Association of
Insurance Commissioners determines that Moody’s corporate
bond yield average—monthly average corporates as published by Moody’s Investors Service, Inc. is no longer appropriate for the determination of the reference interest rate,
then an alternative method for determination of the reference
interest rate, which is adopted by the National Association of
Insurance Commissioners and approved by rule adopted by
the commissioner, may be substituted. [1993 c 462 § 86;
1982 1st ex.s. c 9 § 3.]
*Reviser’s note: RCW 48.23.350 was repealed by 1982 1st ex.s. c
9 § 36. For later enactment, see chapter 48.76 RCW.
48.74.040 Amount of reserves required. (1) Except
as otherwise provided in RCW 48.74.040(2), 48.74.070, and
48.74.090, reserves according to the commissioner’s reserve
valuation method, for the life insurance and endowment
benefits of policies providing for a uniform amount of
insurance and requiring the payment of uniform premiums,
shall be the excess, if any, of the present value, at the date
of valuation, of such future guaranteed benefits provided for
by such policies, over the then present value of any future
modified net premiums therefor. The modified net premiums for any such policy shall be such uniform percentage of
the respective contract premiums for such benefits that the
present value, at the date of issue of the policy, of all such
modified net premiums shall be equal to the sum of the then
present value of such benefits provided for by the policy and
the excess of (a) over (b), as follows:
(a) A net level annual premium equal to the present
value, at the date of issue, of such benefits provided for after
the first policy year, divided by the present value, at the date
of issue, of an annuity of one per annum payable on the first
and each subsequent anniversary of such policy on which a
premium falls due: PROVIDED HOWEVER, That such net
level annual premium shall not exceed the net level annual
premium on the nineteen year premium whole life plan for
insurance of the same amount at an age one year higher than
the age at issue of such policy.
(b) A net one year term premium for such benefits
provided for in the first policy year: PROVIDED, That for
any life insurance policy issued on or after January 1, 1986,
for which the contract premium in the first policy year
exceeds that of the second year and for which no comparable
additional benefit is provided in the first year for such excess
and which provides an endowment benefit or a cash surren(2002 Ed.)
48.74.030
der value or a combination thereof in an amount greater than
such excess premium, the reserve according to the
commissioner’s reserve valuation method as of any policy
anniversary occurring on or before the assumed ending date
defined herein as the first policy anniversary on which the
sum of any endowment benefit and any cash surrender value
then available is greater than such excess premium shall,
except as otherwise provided in RCW 48.74.070, be the
greater of the reserve as of such policy anniversary calculated as described in the preceding paragraph of this subsection
and the reserve as of such policy anniversary calculated as
described in that paragraph, but with: (i) The value defined
in subparagraph (a) of that paragraph being reduced by
fifteen percent of the amount of such excess first year
premium; (ii) all present values of benefits and premiums
being determined without reference to premiums or benefits
provided for by the policy after the assumed ending date;
(iii) the policy being assumed to mature on such date as an
endowment; and (iv) the cash surrender value provided on
such date being considered as an endowment benefit. In
making the above comparison the mortality and interest
bases stated in RCW 48.74.030 (1) and (3) shall be used.
Reserves according to the commissioner’s reserve
valuation method for life insurance policies providing for a
varying amount of insurance or requiring the payment of
varying premiums, group annuity and pure endowment
contracts purchased under a retirement plan or plan of
deferred compensation established or maintained by an employer, including a partnership or sole proprietorship, or by
an employee organization, or by both, other than a plan
providing individual retirement accounts or individual
retirement annuities under section 408 of the Internal
Revenue Code, as now or hereafter amended, disability and
accidental death benefits in all policies and contracts, and all
other benefits, except life insurance and endowment benefits
in life insurance policies and benefits provided by all other
annuity and pure endowment contracts, shall be calculated by
a method consistent with the principles of the preceding
paragraphs of this subsection.
(2) This section shall apply to all annuity and pure
endowment contracts other than group annuity and pure
endowment contracts purchased under a retirement plan or
plan of deferred compensation, established or maintained by
an employer, including a partnership or sole proprietorship,
or by an employee organization, or by both, other than a
plan providing individual retirement accounts or individual
retirement annuities under section 408 of the Internal
Revenue Code, as now or hereafter amended.
Reserves according to the commissioner’s annuity
reserve method for benefits under annuity or pure endowment contracts, excluding any disability and accidental death
benefits in such contracts, shall be the greatest of the
respective excesses of the present values, at the date of
valuation, of the future guaranteed benefits, including
guaranteed nonforfeiture benefits, provided for by such
contracts at the end of each respective contract year, over the
present value, at the date of valuation, of any future valuation considerations derived from future gross considerations,
required by the terms of such contract, that become payable
prior to the end of such respective contract year. The future
guaranteed benefits shall be determined by using the mortality table, if any, and the interest rate, or rates, specified in
[Title 48 RCW—page 347]
48.74.040
Title 48 RCW: Insurance
such contracts for determining guaranteed benefits. The
valuation considerations are the portions of the respective
gross considerations applied under the terms of such contracts to determine nonforfeiture values. [1993 c 462 § 87;
1982 1st ex.s. c 9 § 4.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.74.050 Minimum aggregate reserves. (1) In no
event may a company’s aggregate reserves for all life
insurance policies, excluding disability and accidental death
benefits, issued on or after July 10, 1982, be less than the
aggregate reserves calculated in accordance with the methods
set forth in RCW 48.74.040, 48.74.070, and 48.74.080 and
the mortality table or tables and rate or rates of interest used
in calculating nonforfeiture benefits for such policies.
(2) In no event may the aggregate reserves for all
policies, contracts, and benefits be less than the aggregate
reserves determined by the qualified actuary to be necessary
to render the opinion required under RCW 48.74.025. [1993
c 462 § 88; 1982 1st ex.s. c 9 § 5.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.74.060 Other methods of reserve calculation.
Reserves for all policies and contracts issued prior to the
operative date of this chapter, may be calculated, at the
option of the company, according to any standards which
produce greater aggregate reserves for all such policies and
contracts than the minimum reserves required by the laws in
effect immediately prior to such date.
Reserves for any category of policies, contracts, or
benefits as established by the commissioner, issued on or
after July 10, 1982, may be calculated, at the option of the
company, according to any standards which produce greater
aggregate reserves for such category than those calculated
according to the minimum standard herein provided, but the
rate or rates of interest used for policies and contracts, other
than annuity and pure endowment contracts, shall not be
higher than the corresponding rate or rates of interest used
in calculating any nonforfeiture benefits provided therein.
Any such company which at any time has adopted any
standard of valuation producing greater aggregate reserves
than those calculated according to the minimum standard
herein provided may, with the approval of the commissioner,
adopt any lower standard of valuation, but not lower than the
minimum herein provided. For the purposes of this section,
the holding of additional reserves previously determined by
a qualified actuary to be necessary to render the opinion
required under RCW 48.74.025 is not to be the adoption of
a higher standard of valuation. [1993 c 462 § 89; 1982 1st
ex.s. c 9 § 6.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.74.070 Minimum reserve if gross premium less
than valuation net premium. If in any contract year the
gross premium charged by any life insurance company on
any policy or contract is less than the valuation net premium
for the policy or contract calculated by the method used in
calculating the reserve thereon but using the minimum
[Title 48 RCW—page 348]
valuation standards of mortality and rate of interest, the
minimum reserve required for such policy or contract shall
be the greater of either the reserve calculated according to
the mortality table, rate of interest, and method actually used
for such policy or contract, or the reserve calculated by the
method actually used for such policy or contract but using
the minimum valuation standards of mortality and rate of
interest and replacing the valuation net premium by the
actual gross premium in each contract year for which the
valuation net premium exceeds the actual gross premium.
The minimum valuation standards of mortality and rate of
interest referred to in this section are those standards stated
in RCW 48.74.030 (1) and (3): PROVIDED, That for any
life insurance policy issued on or after January 1, 1986, for
which the gross premium in the first policy year exceeds that
of the second year and for which no comparable additional
benefit is provided in the first year for such excess and
which provides an endowment benefit or a cash surrender
value or a combination thereof in an amount greater than
such excess premium, the foregoing provisions of this
section shall be applied as if the method actually used in
calculating the reserve for such policy were the method
described in RCW 48.74.040, ignoring the second paragraph
of that section. The minimum reserve at each policy
anniversary of such a policy shall be the greater of the
minimum reserve calculated in accordance with RCW
48.74.040, including the second paragraph of that section,
and the minimum reserve calculated in accordance with this
section. [1982 1st ex.s. c 9 § 7.]
48.74.080 Procedure when specified methods of
reserve determination unfeasible. In the case of any plan
of life insurance which provides for future premium determination, the amounts of which are to be determined by the
insurance company based on then estimates of future
experience, or in the case of any plan of life insurance or
annuity which is of such a nature that the minimum reserves
cannot be determined by the methods described in RCW
48.74.040 and 48.74.070, the reserves which are held under
any such plan must, under regulations promulgated by the
commissioner:
(1) Be appropriate in relation to the benefits and the
pattern of premiums for that plan; and
(2) Be computed by a method which is consistent with
the principles of this standard valuation law. [1982 1st ex.s.
c 9 § 8.]
48.74.090 Valuation of disability insurance. The
commissioner shall adopt rules containing the minimum
standards applicable to the valuation of disability insurance.
[1993 c 462 § 90.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Chapter 48.76
STANDARD NONFORFEITURE LAW
FOR LIFE INSURANCE
Sections
48.76.010
48.76.020
Short title—"NAIC" defined.
Nonforfeiture and cash surrender provisions required.
(2002 Ed.)
Standard Nonforfeiture Law for Life Insurance
48.76.030
48.76.040
48.76.050
48.76.060
48.76.070
48.76.080
48.76.090
48.76.100
Amount of cash surrender value.
Nonforfeiture benefit in case of premium default.
Calculation of adjusted premiums—Operative date of section.
Requirements when specified methods of minimum values
determination unfeasible.
Calculation of cash surrender value and paid-up nonforfeiture benefit.
Cash surrender value required for policies issued on or after
January 1, 1986.
Chapter inapplicable to certain policies.
Operative date of chapter.
48.76.010 Short title—"NAIC" defined. This
chapter may be known and cited as the standard nonforfeiture law for life insurance. As used in this chapter,
"NAIC" means the National Association of Insurance
Commissioners. [1982 1st ex.s. c 9 § 10.]
48.76.020 Nonforfeiture and cash surrender provisions required. In the case of policies issued on and after
the operative date of this chapter as defined in RCW
48.76.100, no policy of life insurance, except as stated in
RCW 48.76.090, may be delivered or issued for delivery in
this state unless it contains in substance the following
provisions, or corresponding provisions which in the opinion
of the commissioner are at least as favorable to the defaulting or surrendering policyholder as are the minimum
requirements specified in this chapter and are essentially in
compliance with RCW 48.76.080:
(1) That, in the event of default in any premium
payment, the company will grant, upon proper request not
later than sixty days after the due date of the premium in
default, a paid-up nonforfeiture benefit on a plan stipulated
in the policy, effective as of such due date, of such amount
as may be specified in this chapter. In lieu of such stipulated paid-up nonforfeiture benefit, the company may substitute, upon proper request not later than sixty days after the
due date of the premium in default, an actuarially equivalent
alternative paid-up nonforfeiture benefit which provides a
greater amount or longer period of death benefits or, if
applicable, a greater amount or earlier payment of endowment benefits.
(2) That, upon surrender of the policy within sixty days
after the due date of any premium payment in default after
premiums have been paid for at least three full years in the
case of ordinary insurance or five full years in the case of
industrial insurance, the company will pay, in lieu of any
paid-up nonforfeiture benefit, a cash surrender value of such
amount as may be specified in this chapter.
(3) That a specified paid-up nonforfeiture benefit
becomes effective as specified in the policy unless the
person entitled to make such election elects another available
option not later than sixty days after the due date of the
premium in default.
(4) That if the policy has become paid-up by completion
of all premium payments or if it is continued under any
paid-up nonforfeiture benefit which became effective on or
after the third policy anniversary in the case of ordinary
insurance or the fifth policy anniversary in the case of
industrial insurance, the company will pay, upon surrender
of the policy within thirty days after any policy anniversary,
(2002 Ed.)
Chapter 48.76
a cash surrender value of such amount as may be specified
in this chapter.
(5) That policies which cause on a basis guaranteed in
the policy unscheduled changes in benefits or premiums, or
which provide an option for changes in benefits or premiums
other than a change to a new policy, a statement of the
mortality table, interest rate, and method used in calculating
cash surrender values and the paid-up nonforfeiture benefits
available under the policy. In the case of all other policies,
a statement of the mortality table and interest rate used in
calculating the cash surrender values and the paid-up
nonforfeiture benefits available under the policy, together
with a table showing the cash surrender value, if any, and
paid-up nonforfeiture benefit, if any, available under the
policy on each policy anniversary either during the first
twenty policy years or during the term of the policy,
whichever is shorter, such values and benefits to be calculated upon the assumption that there are no dividends or paidup additions credited to the policy and that there is no
indebtedness to the company on the policy.
(6) A statement that the cash surrender values and the
paid-up nonforfeiture benefits available under the policy are
not less than the minimum values and benefits required by
or pursuant to the insurance law of the state in which the
policy is delivered; an explanation of the manner in which
the cash surrender values and the paid-up nonforfeiture
benefits are altered by the existence of any paid-up additions
credited to the policy or any indebtedness to the company on
the policy; if a detailed statement of the method of computation of the values and benefits shown in the policy is not
stated therein, a statement that such method of computation
has been filed with the insurance supervisory official of the
state in which the policy is delivered; and a statement of the
method to be used in calculating the cash surrender value
and paid-up nonforfeiture benefit available under the policy
on any policy anniversary beyond the last anniversary for
which such values and benefits are consecutively shown in
the policy.
Any of the foregoing provisions or portions thereof not
applicable by reason of the plan of insurance may, to the
extent inapplicable, be omitted from the policy.
The company shall reserve the right to defer the
payment of any cash surrender value for a period of six
months after demand therefor with surrender of the policy.
[1982 1st ex.s. c 9 § 11.]
48.76.030 Amount of cash surrender value. (1)
Subject to subsections (2) and (3) of this section, any cash
surrender value available under the policy in the event of
default in a premium payment due on any policy anniversary, whether or not required by RCW 48.76.020, shall be an
amount not less than the excess, if any, of the present value,
on such anniversary, of the future guaranteed benefits which
would have been provided for by the policy, including any
existing paid-up additions, if there had been no default, over
the sum of the then present value of the adjusted premiums
as defined in RCW 48.76.050, corresponding to premiums
which would have fallen due on and after such anniversary,
and the amount of any indebtedness to the company on the
policy.
[Title 48 RCW—page 349]
48.76.030
Title 48 RCW: Insurance
(2) For any policy issued on or after the operative date
of RCW 48.76.050(4), which provides supplemental life
insurance or annuity benefits at the option of the insured and
for an identifiable additional premium by rider or supplemental policy provision, the cash surrender value referred to
in subsection (1) of this section shall be an amount not less
than the sum of the cash surrender value as defined in such
paragraph for an otherwise similar policy issued at the same
age without such rider or supplemental policy provision and
the cash surrender value as defined in such paragraph for a
policy which provides only the benefits otherwise provided
by such rider or supplemental policy provision.
(3) For any family policy issued on or after the operative date of RCW 48.76.050(4), which defines a primary
insured and provides term insurance on the life of the spouse
of the primary insured expiring before the spouse’s age
seventy-one, the cash surrender value shall be an amount not
less than the sum of the cash surrender value as defined in
this section for an otherwise similar policy issued at the
same age without such term insurance on the life of the
spouse and the cash surrender value as defined in this
section for a policy which provides only the benefits
otherwise provided by such term insurance on the life of the
spouse.
(4) Any cash surrender value available within thirty
days after any policy anniversary under any policy paid-up
by completion of all premium payments or any policy
continued under any paid-up nonforfeiture benefit, whether
or not required by RCW 48.76.020, shall be an amount not
less than the present value, on such anniversary, of the future
guaranteed benefits provided for by the policy, including any
existing paid-up additions, decreased by any indebtedness to
the company on the policy. [1982 1st ex.s. c 9 § 12.]
48.76.040 Nonforfeiture benefit in case of premium
default. Any paid-up nonforfeiture benefit available under
the policy in the event of default in a premium payment due
on any policy anniversary shall be such that its present value
as of such anniversary is at least equal to the cash surrender
value then provided for by the policy or, if none is provided
for, that cash surrender value which would have been
required by this chapter in the absence of the condition that
premiums shall have been paid for at least a specified
period. [1982 1st ex.s. c 9 § 13.]
48.76.050 Calculation of adjusted premiums—
Operative date of section. (1)(a) This subsection does not
apply to policies issued on or after the operative date of
subsection (4) of this section. Except as provided in
subparagraph (c) of this subsection, the adjusted premiums
for any policy shall be calculated on an annual basis and
shall be such uniform percentage of the respective premiums
specified in the policy for each policy year, excluding
amounts stated in the policy as extra premiums to cover
impairments or special hazards, that the present value, at the
date of issue of the policy, of all such adjusted premiums
shall be equal to the sum of: (i) The then present value of
the future guaranteed benefits provided for by the policy; (ii)
two percent of the amount of insurance, if the insurance is
uniform in amount, or of the equivalent uniform amount, as
hereinafter defined, if the amount of insurance varies with
[Title 48 RCW—page 350]
duration of the policy; (iii) forty percent of the adjusted
premium for the first policy year; (iv) twenty-five percent of
either the adjusted premium for the first policy year or the
adjusted premium for a whole life policy of the same
uniform or equivalent uniform amount with uniform premiums for the whole of life issued at the same age for the
same amount of insurance, whichever is less: PROVIDED,
That in applying the percentages specified in subparagraph
(a)(iii) and (iv) of this subsection, no adjusted premium shall
be deemed to exceed four percent of the amount of insurance
or level amount equivalent thereto. The date of issue of a
policy for the purpose of this section shall be the date as of
which the rated age of the insured is determined.
(b) In the case of a policy providing an amount of
insurance varying with duration of the policy, the equivalent
level amount thereof for the purpose of this section shall be
deemed to be the level amount of insurance provided by an
otherwise similar policy, containing the same endowment
benefit or benefits, if any, issued at the same age and for the
same term, the amount of which does not vary with duration
and the benefits under which have the same present value at
the inception of the insurance as the benefits under the
policy: PROVIDED HOWEVER, That in the case of a
policy providing a varying amount of insurance issued on the
life of a child under age ten, the equivalent uniform amount
may be computed as though the amount provided by the
policy prior to the attainment of age ten were the amount
provided by such policy at age ten.
(c) The adjusted premiums for any policy providing
term insurance benefits by rider or supplemental policy
provision shall be equal to: (i) The adjusted premiums for
an otherwise similar policy issued at the same age without
such term insurance benefits, increased, during the period for
which premiums for such term insurance benefits are
payable, by (ii) the adjusted premiums for such term insurance, subparagraph (c)(i) and (ii) of this subsection being
calculated separately and as specified in subparagraphs (a)
and (b) of this subsection except that, for the purposes of
subparagraph (a)(ii), (a)(iii), and (a)(iv) of this subsection,
the amount of insurance or equivalent uniform amount of
insurance used in the calculation of the adjusted premiums
referred to in subparagraph (c)(ii) of this subsection shall be
equal to the excess of the corresponding amount determined
for the entire policy over the amount used in the calculation
of the adjusted premiums in subparagraph (c)(i) of this
subsection.
(d) Except as otherwise provided in subsections (2) and
(3) of this section, all adjusted premiums and present values
referred to in this chapter shall for all policies of ordinary
insurance be calculated on the basis of the commissioner’s
1941 standard ordinary mortality table: PROVIDED, That
for any category of ordinary insurance issued on female risks
on or after July 1, 1957, adjusted premiums and present
values may be calculated according to an age not more than
six years younger than the actual age of the insured and such
calculations for all policies of industrial insurance shall be
made on the basis of the 1941 standard industrial mortality
table. All calculations shall be made on the basis of the rate
of interest, not exceeding three and one-half percent per
annum, specified in the policy for calculating cash surrender
values and paid-up nonforfeiture benefits: PROVIDED, That
in calculating the present value of any paid-up term insur(2002 Ed.)
Standard Nonforfeiture Law for Life Insurance
ance with accompanying pure endowment, if any, offered as
a nonforfeiture benefit, the rates of mortality assumed may
be not more than one hundred thirty percent of the rates of
mortality according to such applicable table: PROVIDED,
FURTHER, That for insurance issued on a substandard basis,
the calculation of any such adjusted premiums and present
values may be based on such other table of mortality as may
be specified by the company and approved by the commissioner.
(2) This subsection does not apply to ordinary policies
issued on or after the operative date of subsection (4) of this
section. In the case of ordinary policies issued on or after
the operative date of this section, all adjusted premiums and
present values referred to in this chapter shall be calculated
on the basis of the commissioner’s 1958 standard ordinary
mortality table and the rate of interest specified in the policy
for calculating cash surrender values and paid-up nonforfeiture benefits provided that such rate of interest shall not
exceed three and one-half percent per annum except that a
rate of interest not exceeding four percent per annum may be
used for policies issued on or after July 16, 1973, and before
September 1, 1979, and a rate of interest not exceeding five
and one-half percent per annum may be used for policies
issued on or after September 1, 1979, except that for any
single premium whole life or endowment insurance policy a
rate of interest not exceeding six and one-half percent per
annum may be used and provided that for any category of
ordinary insurance issued on female risks, adjusted premiums
and present values may be calculated according to an age not
more than six years younger than the actual age of the
insured: PROVIDED, That in calculating the present value
of any paid-up term insurance with accompanying pure
endowment, if any, offered as a nonforfeiture benefit, the
rates of mortality assumed may be not more than those
shown in the commissioner’s 1958 extended term insurance
table: PROVIDED FURTHER, That for insurance issued on
a substandard basis, the calculation of any such adjusted
premiums and present values may be based on such other
table of mortality as may be specified by the company and
approved by the commissioner.
After June 11, 1959, any company may file with the
commissioner a written notice of its election to comply with
the provisions of this section. After the filing of such notice,
then upon such specified date (which shall be the operative
date of this section for such company), this subsection shall
become operative with respect to the ordinary policies
thereafter issued by such company. If a company makes no
such election, the operative date of this section for such
company shall be January 1, 1966.
(3) This subsection does not apply to industrial policies
issued on or after the operative date of subsection (4) of this
section. In the case of industrial policies issued on or after
the operative date of this chapter, all adjusted premiums and
present values referred to in this chapter shall be calculated
on the basis of the commissioner’s 1961 standard industrial
mortality table and the rate of interest specified in the policy
for calculating cash surrender values and paid-up nonforfeiture benefits provided that such rate of interest shall not
exceed three and one-half percent per annum, except that a
rate of interest not exceeding four percent per annum may be
used for policies issued on or after July 16, 1973, and prior
to September 1, 1979, and a rate of interest not exceeding
(2002 Ed.)
48.76.050
five and one-half percent per annum may be used for
policies issued on or after September 1, 1979, except that for
any single premium whole life or endowment insurance
policy a rate of interest not exceeding six and one-half
percent per annum may be used: PROVIDED, That in
calculating the present value of any paid-up term insurance
with accompanying pure endowment, if any, offered as a
nonforfeiture benefit, the rates of mortality assumed may be
not more than those shown in the commissioner’s 1961
industrial extended term insurance table: PROVIDED
FURTHER, That for insurance issued on a substandard basis,
the calculations of any such adjusted premiums and present
values may be based on such other table of mortality as may
be specified by the company and approved by the commissioner.
After July 10, 1982, any company may file with the
commissioner a written notice of its election to comply with
the provisions of this section. After the filing of such notice,
then upon such specified date (which shall be the operative
date of this section for such company), this subsection shall
become operative with respect to the industrial policies
thereafter issued by such company. If a company makes no
such election, the operative date of this section for such
company shall be January 1, 1968.
(4)(a) This section applies to all policies issued on or
after the operative date of this subsection as defined herein.
Except as provided in subparagraph (g) of this subsection,
the adjusted premiums for any policy shall be calculated on
an annual basis and shall be such uniform percentage of the
respective premiums specified in the policy for each policy
year, excluding amounts payable as extra premiums to cover
impairments or special hazards and also excluding any
uniform annual contract charge or policy fee specified in the
policy in a statement of the method to be used in calculating
the cash surrender values and paid-up nonforfeiture benefits,
that the present value, at the date of issue of the policy, of
all adjusted premiums shall be equal to the sum of: (i) The
then present value of the future guaranteed benefits provided
for by the policy; (ii) one percent of either the amount of
insurance, if the insurance be uniform in amount, or the
average amount of insurance at the beginning of each of the
first ten policy years; and (iii) one hundred twenty-five percent of the nonforfeiture net level premium as defined in
subparagraph (b) of this subsection: PROVIDED, That in
applying the percentage specified in (iii) of this subparagraph
no nonforfeiture net level premium shall be deemed to
exceed four percent of either the amount of insurance, if the
insurance be uniform in amount, or the average amount of
insurance at the beginning of each of the first ten policy
years. The date of issue of a policy for the purpose of this
section shall be the date as of which the rated age of the
insured is determined.
(b) The nonforfeiture net level premium shall be equal
to the present value, at the date of issue of the policy, of the
guaranteed benefits provided for by the policy divided by the
present value, at the date of issue of the policy, of an
annuity of one per annum payable on the date of issue of the
policy and on each anniversary of such policy on which a
premium falls due.
(c) In the case of policies which cause on a basis
guaranteed in the policy unscheduled changes in benefits or
premiums, or which provide an option for changes in
[Title 48 RCW—page 351]
48.76.050
Title 48 RCW: Insurance
benefits or premiums other than a change to a new policy,
the adjusted premiums and present values shall initially be
calculated on the assumption that future benefits and
premiums do not change from those stipulated at the date of
issue of the policy. At the time of any such change in the
benefits or premiums the future adjusted premiums, nonforfeiture net level premiums and present values shall be
recalculated on the assumption that future benefits and
premiums do not change from those stipulated by the policy
immediately after the change.
(d) Except as otherwise provided in subparagraph (g) of
this subsection, the recalculated future adjusted premiums for
any such policy shall be such uniform percentage of the
respective future premiums specified in the policy for each
policy year, excluding amounts payable as extra premiums
to cover impairments and special hazards, and also excluding
any uniform annual contract charge or policy fee specified
in the policy in a statement of the method to be used in
calculating the cash surrender values and paid-up nonforfeiture benefits, that the present value, at the time of change
to the newly defined benefits or premiums, of all such future
adjusted premiums shall be equal to the excess of (i) the sum
of (A) the then present value of the then future guaranteed
benefits provided for by the policy and (B) the additional
expense allowance, if any, over (ii) the then cash surrender
value, if any, or present value of any paid-up nonforfeiture
benefit under the policy.
(e) The additional expense allowance, at the time of the
change to the newly defined benefits or premiums, shall be
the sum of: (i) One percent of the excess, if positive, of the
average amount of insurance at the beginning of each of the
first ten policy years subsequent to the change over the
average amount of insurance prior to the change at the
beginning of each of the first ten policy years subsequent to
the time of the most recent previous change, or, if there has
been no previous change, the date of issue of the policy; and
(ii) one hundred twenty-five percent of the increase, if positive, in the nonforfeiture net level premium.
(f) The recalculated nonforfeiture net level premium
shall be equal to the result obtained by dividing (i) by (ii)
where:
(i) Equals the sum of:
(A) The nonforfeiture net level premium applicable prior
to the change times the present value of an annuity of one
per annum payable on each anniversary of the policy on or
subsequent to the date of the change on which a premium
would have fallen due had the change not occurred; and
(B) The present value of the increase in future guaranteed benefits provided for by the policy; and
(ii) Equals the present value of an annuity of one per
annum payable on each anniversary of the policy on or
subsequent to the date of change on which a premium falls
due.
(g) Notwithstanding any other provisions of this section
to the contrary, in the case of a policy issued on a substandard basis which provides reduced graded amounts of
insurance so that, in each policy year, such policy has the
same tabular mortality cost as an otherwise similar policy
issued on the standard basis which provides higher uniform
amounts of insurance, adjusted premiums and present values
for such substandard policy may be calculated as if it were
[Title 48 RCW—page 352]
issued to provide such higher uniform amounts of insurance
on the standard basis.
(h) All adjusted premiums and present values referred
to in this chapter shall for all policies of ordinary insurance
be calculated on the basis of the commissioner’s 1980
standard ordinary mortality table or at the election of the
company for any one or more specified plans of life insurance, the commissioner’s 1980 standard ordinary mortality
table with ten-year select mortality factors, shall for all
policies of industrial insurance be calculated on the basis of
the commissioner’s 1961 standard industrial mortality table,
and shall for all policies issued in a particular calendar year
be calculated on the basis of a rate of interest not exceeding
the nonforfeiture interest rate as defined in this section, for
policies issued in that calendar year, subject to the following
provisions:
(i) At the option of the company, calculations for all
policies issued in a particular calendar year may be made on
the basis of a rate of interest not exceeding the nonforfeiture
interest rate, as defined in this section, for policies issued in
the immediately preceding calendar year.
(ii) Under any paid-up nonforfeiture benefit, including
any paid-up dividend additions, any cash surrender value
available, whether or not required by RCW 48.76.020, shall
be calculated on the basis of the mortality table and rate of
interest used in determining the amount of such paid-up
nonforfeiture benefit and paid-up dividend additions, if any.
(iii) A company may calculate the amount of any
guaranteed paid-up nonforfeiture benefit including any paidup additions under the policy on the basis of an interest rate
no lower than that specified in the policy for calculating cash
surrender values.
(iv) In calculating the present value of any paid-up term
insurance with accompanying pure endowment, if any,
offered as a nonforfeiture benefit, the rates of mortality
assumed may be not more than those shown in the
commissioner’s 1980 extended term insurance table for
policies of ordinary insurance and not more than the
commissioner’s 1961 industrial extended term insurance
table for policies of industrial insurance.
(v) For insurance issued on a substandard basis, the
calculation of any such adjusted premiums and present
values may be based on appropriate modifications of the
aforementioned tables.
(vi) Any ordinary mortality tables, adopted after 1980
by the National Association of Insurance Commissioners,
that are approved by regulation promulgated by the commissioner for use in determining the minimum nonforfeiture
standard may be substituted for the commissioner’s 1980
standard ordinary mortality table with or without ten-year
select mortality factors or for the commissioner’s 1980
extended term insurance table.
(vii) Any industrial mortality tables, adopted after 1980
by the National Association of Insurance Commissioners,
that are approved by regulation promulgated by the commissioner for use in determining the minimum nonforfeiture
standard may be substituted for the commissioner’s 1961
standard industrial mortality table or the commissioner’s
1961 industrial extended term insurance table.
(i) The nonforfeiture interest rate per annum for any
policy issued in a particular calendar year shall be equal to
one hundred twenty-five percent of the calendar year
(2002 Ed.)
Standard Nonforfeiture Law for Life Insurance
statutory valuation interest rate for such policy as defined in
the standard valuation law (chapter 48.74 RCW), rounded to
the nearer one quarter of one percent.
(j) Notwithstanding any other provision in this title to
the contrary, any refiling of nonforfeiture values or their
methods of computation for any previously approved policy
form which involves only a change in the interest rate or
mortality table used to compute nonforfeiture values shall
not require refiling of any other provisions of that policy
form.
(k) After July 10, 1982, any company may file with the
commissioner a written notice of its election to comply with
the provision[s] of this section after a specified date before
January 1, 1989, which shall be the operative date of this
section for such company. If a company makes no such
election, the operative date of this section for such company
shall be January 1, 1989. [1982 1st ex.s. c 9 § 14.]
48.76.060 Requirements when specified methods of
minimum values determination unfeasible. In the case of
any plan of life insurance which provides for future premium
determination, the amounts of which are to be determined by
the insurance company based on then estimates of future
experience, or in the case of any plan of life insurance which
is of such a nature that minimum values cannot be determined by the methods described in RCW 48.76.020 through
48.76.050, then:
(1) The commissioner must be satisfied that the benefits
provided under the plan are substantially as favorable to
policyholders and insureds as the minimum benefits otherwise required by RCW 48.76.020 through 48.76.050;
(2) The commissioner must be satisfied that the benefits
and the pattern of premiums of that plan are not such as to
mislead prospective policyholders or insureds;
(3) The cash surrender values and paid-up nonforfeiture
benefits provided by such plan must not be less than the
minimum values and benefits required for the plan computed
by a method consistent with the principles of this chapter, as
determined by regulations promulgated by the commissioner.
[1982 1st ex.s. c 9 § 15.]
48.76.070 Calculation of cash surrender value and
paid-up nonforfeiture benefit. Any cash surrender value
and any paid-up nonforfeiture benefit, available under the
policy in the event of default in a premium payment due at
any time other than on the policy anniversary, shall be
calculated with allowance for the lapse of time and the
payment of fractional premiums beyond the last preceding
policy anniversary. All values referred to in RCW 48.76.030
through 48.76.050 may be calculated upon the assumption
that any death benefit is payable at the end of the policy
year of death. The net value of any paid-up additions, other
than paid-up term additions, shall be not less than the
amounts used to provide such additions. Notwithstanding
the provisions of RCW 48.76.030, additional benefits
payable: (1) In the event of death or dismemberment by
accident or accidental means; (2) in the event of total and
permanent disability; (3) as reversionary annuity or deferred
reversionary annuity benefits; (4) as term insurance benefits
provided by a rider or supplemental policy provision to
which, if issued as a separate policy, this chapter would not
(2002 Ed.)
48.76.050
apply; (5) as term insurance on the life of a child or on the
lives of children provided in a policy on the life of a parent
of the child, if such term insurance expires before the child’s
age is twenty-six, is uniform in amount after the child’s age
is one, and has not become paid-up by reason of the death
of a parent of the child; and (6) as other policy benefits
additional to life insurance and endowment benefits, and
premiums for all such additional benefits, shall be disregarded in ascertaining cash surrender values and nonforfeiture benefits required by this chapter, and no such additional
benefits shall be required to be included in any paid-up
nonforfeiture benefits. [1982 1st ex.s. c 9 § 16.]
48.76.080 Cash surrender value required for
policies issued on or after January 1, 1986. (1) This
section, in addition to all other applicable sections of this
chapter, shall apply to all policies issued on or after January
1, 1986. Any cash surrender value available under the
policy in the event of default in a premium payment due on
any policy anniversary shall be in an amount which does not
differ by more than two-tenths of one percent of either the
amount of insurance, if the insurance be uniform in amount,
or the average amount of insurance at the beginning of each
of the first ten policy years, from the sum of: (a) The
greater of zero and the basic cash value specified in subsection (2) of this section; and (b) the present value of any
existing paid-up additions less the amount of any indebtedness to the company under the policy.
(2) The basic cash value shall be equal to the present
value, on such anniversary, of the future guaranteed benefits
which would have been provided for by the policy, excluding any existing paid-up additions and before deduction of
any indebtedness to the company, if there had been no
default, less the then present value of the nonforfeiture
factors, as defined in subsection (3) of this section, corresponding to premiums which would have fallen due on and
after such anniversary: PROVIDED, That the effects on the
basic cash value of supplemental life insurance or annuity
benefits or of family coverage, as described in RCW
48.76.030 or 48.76.050(4), whichever is applicable, shall be
the same as are the effects specified in RCW 48.76.030 or
48.76.050(4), whichever is applicable, on the cash surrender
values defined in that section.
(3) The nonforfeiture factor for each policy year shall be
an amount equal to a percentage of the adjusted premium for
the policy year, as defined in RCW 48.76.050 (1) or (4).
Except as is required by the next succeeding sentence of this
paragraph, such percentage:
(a) Must be the same percentage for each policy year
between the second policy anniversary and the later of: (i)
The fifth policy anniversary; and (ii) The first policy
anniversary at which there is available under the policy a
cash surrender value in an amount, before including any
paid-up additions and before deducting any indebtedness, of
at least two-tenths of one percent of either the amount of
insurance, if the insurance be uniform in amount, or the
average amount of insurance at the beginning of each of the
first ten policy years; and
(b) Must be such that no percentage after the later of the
two policy anniversaries specified in subparagraph (a) of this
subsection may apply to fewer than five consecutive policy
[Title 48 RCW—page 353]
48.76.080
Title 48 RCW: Insurance
years: PROVIDED, That no basic cash value may be less
than the value which would be obtained if the adjusted
premiums for the policy, as defined in RCW 48.76.050 (1)
or (4), whichever is applicable, were substituted for the
nonforfeiture factors in the calculation of the basic cash value.
(4) All adjusted premiums and present values referred
to in this section shall for a particular policy be calculated
on the same mortality and interest bases as are used in
demonstrating the policy’s compliance with the other
sections of this chapter. The cash surrender values referred
to in this section shall include any endowment benefits
provided for by the policy.
(5) Any cash surrender value available other than in the
event of default in a premium payment due on a policy
anniversary, and the amount of any paid-up nonforfeiture
benefit available under the policy in the event of default in
a premium payment shall be determined in manners consistent with the manners specified for determining the analogous minimum amounts in RCW 48.76.020 through
48.76.040, 48.76.050(4), and 48.76.070. The amounts of any
cash surrender values and of any paid-up nonforfeiture
benefits granted in connection with additional benefits such
as those listed in RCW 48.76.070 shall conform with the
principles of this section. [1982 1st ex.s. c 9 § 17.]
48.76.090 Chapter inapplicable to certain policies.
This chapter does not apply to any of the following:
(1) Reinsurance;
(2) Group insurance;
(3) A pure endowment;
(4) An annuity or reversionary annuity contract;
(5) A term policy of a uniform amount, which provides
no guaranteed nonforfeiture or endowment benefits, or
renewal thereof, of twenty years or less expiring before age
seventy-one, for which uniform premiums are payable during
the entire term of the policy;
(6) A term policy of a decreasing amount, which
provides no guaranteed nonforfeiture or endowment benefits,
on which each adjusted premium, calculated as specified in
RCW 48.76.050, is less than the adjusted premium so calculated, on a term policy of uniform amount, or renewal
thereof, which provides no guaranteed nonforfeiture or
endowment benefits, issued at the same age and for the same
initial amount of insurance and for a term of twenty years or
less expiring before age seventy-one, for which uniform
premiums are payable during the entire term of the policy;
(7) A policy, which provides no guaranteed nonforfeiture or endowment benefits, for which no cash surrender
value, if any, or present value of any paid-up nonforfeiture
benefit, at the beginning of any policy year, calculated as
specified in RCW 48.76.030 through 48.76.050, exceeds two
and one-half percent of the amount of insurance at the
beginning of the same policy year; nor
(8) A policy which is delivered outside this state
through an agent or other representative of the company
issuing the policy.
For purposes of determining the applicability of this
chapter, the age at expiration for a joint term life insurance
policy is the age at expiration of the oldest life. [1982 1st
ex.s. c 9 § 18.]
[Title 48 RCW—page 354]
48.76.100 Operative date of chapter. After July 10,
1982, any company may file with the commissioner a
written notice of its election to comply with the provisions
of this chapter. After the filing of such notice, then upon
such specified date (which shall be the operative date for
such company), this chapter becomes operative with respect
to the policies thereafter issued by such company. If a
company makes no such election, the operative date of this
chapter for such company shall be January 1, 1948. [1982
1st ex.s. c 9 § 19.]
Chapter 48.80
HEALTH CARE FALSE CLAIM ACT
Sections
48.80.010
48.80.020
48.80.030
48.80.040
48.80.050
48.80.060
48.80.900
Legislative finding—Short title.
Definitions.
Making false claims, concealing information—Penalty—
Exclusions.
Use of circumstantial evidence.
Civil action not limited.
Conviction of provider, notification to regulatory agency.
Severability—1986 c 243.
48.80.010 Legislative finding—Short title. The
legislature finds and declares that the welfare of the citizens
of this state is threatened by the spiraling increases in the
cost of health care. It is further recognized that fraudulent
health care claims contribute to these increases in health care
costs. In recognition of these findings, it is declared that
special attention must be directed at eliminating the unjustifiable costs of fraudulent health care claims by establishing
specific penalties and deterrents. This chapter may be
known and cited as "the health care false claim act." [1986
c 243 § 1.]
48.80.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Claim" means any attempt to cause a health care
payer to make a health care payment.
(2) "Deceptive" means presenting a claim to a health
care payer that contains a statement of fact or fails to reveal
a material fact, leading the health care payer to believe that
the represented or suggested state of affairs is other than it
actually is. For the purposes of this chapter, the determination of what constitutes a material fact is a question of law
to be resolved by the court.
(3) "False" means wholly or partially untrue or deceptive.
(4) "Health care payment" means a payment for health
care services or the right under a contract, certificate, or
policy of insurance to have a payment made by a health care
payer for a specified health care service.
(5) "Health care payer" means any insurance company
authorized to provide health insurance in this state, any
health care service contractor authorized under chapter 48.44
RCW, any health maintenance organization authorized under
chapter 48.46 RCW, any legal entity which is self-insured
and providing health care benefits to its employees, and any
insurer or other person responsible for paying for health care
services.
(2002 Ed.)
Health Care False Claim Act
(6) "Person" means an individual, corporation, partnership, association, or other legal entity.
(7) "Provider" means any person lawfully licensed or
authorized to render any health service. [1995 c 285 § 25;
1986 c 243 § 2.]
Effective date—1995 c 285: See RCW 48.30A.900.
48.80.030 Making false claims, concealing information—Penalty—Exclusions. (1) A person shall not make or
present or cause to be made or presented to a health care
payer a claim for a health care payment knowing the claim
to be false.
(2) No person shall knowingly present to a health care
payer a claim for a health care payment that falsely represents that the goods or services were medically necessary in
accordance with professionally accepted standards. Each
claim that violates this subsection shall constitute a separate
offense.
(3) No person shall knowingly make a false statement
or false representation of a material fact to a health care
payer for use in determining rights to a health care payment.
Each claim that violates this subsection shall constitute a
separate violation.
(4) No person shall conceal the occurrence of any event
affecting his or her initial or continued right under a contract, certificate, or policy of insurance to have a payment
made by a health care payer for a specified health care
service. A person shall not conceal or fail to disclose any
information with intent to obtain a health care payment to
which the person or any other person is not entitled, or to
obtain a health care payment in an amount greater than that
which the person or any other person is entitled.
(5) No provider shall willfully collect or attempt to
collect an amount from an insured knowing that to be in
violation of an agreement or contract with a health care
payor to which the provider is a party.
(6) A person who violates this section is guilty of a
class C felony punishable under chapter 9A.20 RCW.
(7) This section does not apply to statements made on
an application for coverage under a contract or certificate of
health care coverage issued by an insurer, health care service
contractor, health maintenance organization, or other legal
entity which is self-insured and providing health care
benefits to its employees. [1990 c 119 § 11; 1986 c 243 §
3.]
48.80.040 Use of circumstantial evidence. In a
prosecution under this chapter, circumstantial evidence may
be presented to demonstrate that a false statement or claim
was knowingly made. Such evidence may include but shall
not be limited to the following circumstances:
(1) Where a claim for a health care payment is submitted with the person’s actual, facsimile, stamped, typewritten,
or similar signature on the form required for the making of
a claim for health care payment; and
(2) Where a claim for a health care payment is submitted by means of computer billing tapes or other electronic
means if the person has advised the health care payer in
writing that claims for health care payment will be submitted
by use of computer billing tapes or other electronic means.
[1986 c 243 § 4.]
(2002 Ed.)
48.80.020
48.80.050 Civil action not limited. This chapter shall
not be construed to prohibit or limit a prosecution of or civil
action against a person for the violation of any other law of
this state. [1986 c 243 § 5.]
48.80.060 Conviction of provider, notification to
regulatory agency. Upon the conviction under this chapter
of any provider, the prosecutor shall provide written notification to the appropriate regulatory or disciplinary agency of
such conviction. [1986 c 243 § 6.]
48.80.900 Severability—1986 c 243. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1986 c 243 § 7.]
Chapter 48.84
LONG-TERM CARE INSURANCE ACT
Sections
48.84.010 General provisions, intent.
48.84.020 Definitions.
48.84.030 Rules—Benefits-premiums ratio, coverage limitations.
48.84.040 Policies and contracts—Prohibited provisions.
48.84.050 Disclosure rules—Required provisions in policy or contract.
48.84.060 Prohibited practices.
48.84.070 Separation of data regarding certain policies.
48.84.900 Severability—1986 c 170.
48.84.910 Effective date, application—1986 c 170.
Long-term care insurance plans for eligible public employees: RCW
41.05.065.
48.84.010 General provisions, intent. This chapter
may be known and cited as the "long-term care insurance
act" and is intended to govern the content and sale of longterm care insurance and long-term care benefit contracts as
defined in this chapter. This chapter shall be liberally construed to promote the public interest in protecting purchasers
of long-term care insurance from unfair or deceptive sales,
marketing, and advertising practices. The provisions of this
chapter shall apply in addition to other requirements of Title
48 RCW. [1986 c 170 § 1.]
48.84.020 Definitions. Unless the context requires
otherwise, the definitions in this section apply throughout
this chapter.
(1) "Long-term care insurance" or "long-term care
benefit contract" means any insurance policy or benefit
contract primarily advertised, marketed, offered, or designed
to provide coverage or services for either institutional or
community-based convalescent, custodial, chronic, or
terminally ill care. Such terms do not include and this
chapter shall not apply to policies or contracts governed by
chapter 48.66 RCW and continuing care retirement communities.
(2) "Loss ratio" means the incurred claims plus or minus
the increase or decrease in reserves as a percentage of the
earned premiums, or the projected incurred claims plus or
minus the increase or decrease in projected reserves as a
percentage of projected earned premiums, as defined by the
commissioner.
[Title 48 RCW—page 355]
48.84.020
Title 48 RCW: Insurance
(3) "Preexisting condition" means a covered person’s
medical condition that caused that person to have received
medical advice or treatment during the specified time period
before the effective date of coverage.
(4) "Medicare" means Title XVIII of the United States
social security act, or its successor program.
(5) "Medicaid" means Title XIX of the United States
social security act, or its successor program.
(6) "Nursing home" means a nursing home as defined
in RCW 18.51.010. [1986 c 170 § 2.]
48.84.030 Rules—Benefits-premiums ratio, coverage
limitations. (1) The commissioner shall adopt rules requiring reasonable benefits in relation to the premium or price
charged for long-term care policies and contracts which rules
may include but are not limited to the establishment of
minimum loss ratios.
(2) In addition, the commissioner may adopt rules
establishing standards for long-term care coverage benefit
limitations, exclusions, exceptions, and reductions and for
policy or contract renewability. [1986 c 170 § 3.]
48.84.040 Policies and contracts—Prohibited
provisions. No long-term care insurance policy or benefit
contract may:
(1) Use riders, waivers, endorsements, or any similar
method to limit or reduce coverage or benefits;
(2) Indemnify against losses resulting from sickness on
a different basis than losses resulting from accidents;
(3) Be canceled, nonrenewed, or segregated at the time
of rerating solely on the grounds of the age or the deterioration of the mental or physical health of the covered person;
(4) Exclude or limit coverage for preexisting conditions
for a period of more than one year prior to the effective date
of the policy or contract or more than six months after the
effective date of the policy or contract;
(5) Differentiate benefit amounts on the basis of the
type or level of nursing home care provided;
(6) Contain a provision establishing any new waiting
period in the event an existing policy or contract is converted to a new or other form within the same company. [1986
c 170 § 4.]
48.84.050 Disclosure rules—Required provisions in
policy or contract. (1) The commissioner shall adopt rules
requiring disclosure to consumers of the level, type, and
amount of benefits provided and the limitations, exclusions,
and exceptions contained in a long-term care insurance
policy or contract. In adopting such rules the commissioner
shall require an understandable disclosure to consumers of
any cost for services that the consumer will be responsible
for in utilizing benefits covered under the policy or contract.
(2) Each long-term care insurance policy or contract
shall include a provision, prominently displayed on the first
page of the policy or contract, stating in substance that the
person to whom the policy or contract is sold shall be
permitted to return the policy or contract within thirty days
of its delivery. In the case of policies or contracts solicited
and sold by mail, the person may return the policy or
contract within sixty days. Once the policy or contract has
been returned, the person may have the premium refunded
[Title 48 RCW—page 356]
if, after examination of the policy or contract, the person is
not satisfied with it for any reason. An additional ten
percent penalty shall be added to any premium refund due
which is not paid within thirty days of return of the policy
or contract to the insurer or agent. If a person, pursuant to
such notice, returns the policy or contract to the insurer at its
branch or home office, or to the agent from whom the policy
or contract was purchased, the policy or contract shall be
void from its inception, and the parties shall be in the same
position as if no policy or contract had been issued. [1986
c 170 § 5.]
48.84.060 Prohibited practices. No agent, broker, or
other representative of an insurer, contractor, or other
organization selling or offering long-term care insurance
policies or benefit contracts may: (1) Complete the medical
history portion of any form or application for the purchase
of such policy or contract; (2) knowingly sell a long-term
care policy or contract to any person who is receiving
medicaid; or (3) use or engage in any unfair or deceptive act
or practice in the advertising, sale, or marketing of long-term
care policies or contracts. [1986 c 170 § 6.]
48.84.070 Separation of data regarding certain
policies. Commencing with reports for accounting periods
beginning on or after January 1, 1988, all insurers, fraternal
benefit societies, health care services contractors, and health
maintenance organizations shall, for reporting and record
keeping purposes, separate data concerning long-term care
insurance policies and contracts from data concerning other
insurance policies and contracts. [1986 c 170 § 7.]
48.84.900 Severability—1986 c 170. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1986 c 170 § 9.]
48.84.910 Effective date, application—1986 c 170.
RCW 48.84.060 shall take effect on November 1, 1986, and
the commissioner shall adopt all rules necessary to implement RCW 48.84.060 by its effective date including rules
prohibiting particular unfair or deceptive acts and practices
in the advertising, sale, and marketing of long-term care
policies and contracts. The commissioner shall adopt all
rules necessary to implement the remaining sections of this
chapter by July 1, 1987, and the remaining sections of this
chapter shall apply to policies and contracts issued on or
after January 1, 1988. [1986 c 170 § 10.]
Chapter 48.85
WASHINGTON LONG-TERM
CARE PARTNERSHIP
Sections
48.85.010
48.85.020
48.85.030
48.85.040
Washington long-term care partnership program—Generally.
Protection of assets—Federal approval—Rules.
Insurance policy criteria—Rules.
Consumer education program.
(2002 Ed.)
Washington Long-Term Care Partnership
48.85.900
Short title—Severability—Savings—Captions not law—
Reservation of legislative power—Effective dates—1993
c 492.
48.85.010 Washington long-term care partnership
program—Generally. The department of social and health
services shall, in conjunction with the office of the insurance
commissioner, coordinate a long-term care insurance
program entitled the Washington long-term care partnership,
whereby private insurance and medicaid funds shall be used
to finance long-term care. For individuals purchasing a
long-term care insurance policy or contract governed by
chapter 48.84 RCW and meeting the criteria prescribed in
this chapter, and any other terms as specified by the office
of the insurance commissioner and the department of social
and health services, this program shall allow for the exclusion of some or all of the individual’s assets in determination
of medicaid eligibility as approved by the federal health care
financing administration. [1995 1st sp.s. c 18 § 76; 1993 c
492 § 458.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
48.85.020 Protection of assets—Federal approval—
Rules. The department of social and health services shall
seek approval from the federal health care financing administration to allow the protection of an individual’s assets as
provided in this chapter. The department shall adopt all
rules necessary to implement the Washington long-term care
partnership program, which rules shall permit the exclusion
of all or some of an individual’s assets in a manner specified
by the department in a determination of medicaid eligibility
to the extent that private long-term care insurance provides
payment or benefits for services. [1995 1st sp.s. c 18 § 77;
1993 c 492 § 459.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
48.85.030 Insurance policy criteria—Rules. (1) The
insurance commissioner shall adopt rules defining the criteria
that long-term care insurance policies must meet to satisfy
the requirements of this chapter. The rules shall provide that
all long-term care insurance policies purchased for the
purposes of this chapter:
(a) Be guaranteed renewable;
(b) Provide coverage for nursing home care and provide
coverage for an alternative plan of care benefit as defined by
the commissioner;
(c) Provide optional coverage for home and communitybased services. Such home and community-based services
shall be included in the coverage unless rejected in writing
by the applicant;
(d) Provide automatic inflation protection or similar
coverage for any policyholder through the age of seventynine and made optional at age eighty to protect the policyholder from future increases in the cost of long-term care;
(e) Not require prior hospitalization or confinement in
a nursing home as a prerequisite to receiving long-term care
benefits; and
(2002 Ed.)
Chapter 48.85
(f) Contain at least a six-month grace period that
permits reinstatement of the policy or contract retroactive to
the date of termination if the policy or contract holder’s
nonpayment of premiums arose as a result of a cognitive
impairment suffered by the policy or contract holder as certified by a physician.
(2) Insurers offering long-term care policies for the
purposes of this chapter shall demonstrate to the satisfaction
of the insurance commissioner that they:
(a) Have procedures to provide notice to each purchaser
of the long-term care consumer education program;
(b) Offer case management services;
(c) Have procedures that provide for the keeping of
individual policy records and procedures for the explanation
of coverage and benefits identifying those payments or
services available under the policy that meet the purposes of
this chapter;
(d) Agree to provide the insurance commissioner, on or
before September 1 of each year, an annual report containing
information derived from the long-term care partnership
long-term care insurance uniform data set as specified by the
office of the insurance commissioner. [1995 1st sp.s. c 18
§ 78; 1993 c 492 § 460.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
48.85.040 Consumer education program. The
insurance commissioner shall, with the cooperation of the
department of social and health services and members of the
long-term care insurance industry, develop a consumer
education program designed to educate consumers as to the
need for long-term care, methods for financing long-term
care, the availability of long-term care insurance, and the
availability and eligibility requirements of the asset protection program provided under this chapter. [1995 1st sp.s. c
18 § 79; 1993 c 492 § 461.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
48.85.900 Short title—Severability—Savings—
Captions not law—Reservation of legislative power—
Effective dates—1993 c 492. See RCW 43.72.910 through
43.72.915.
Chapter 48.87
MIDWIVES AND BIRTHING CENTERS—JOINT
UNDERWRITING ASSOCIATION
Sections
48.87.010
48.87.020
48.87.030
48.87.040
48.87.050
48.87.060
48.87.070
48.87.080
48.87.100
Intent.
Definitions.
Plan for establishing association—Commissioner’s duty—
Market assistance plan.
Composition of association.
Midwifery and birth center malpractice insurance—Rating
plan modified according to practice volume.
Administering a plan.
Policies written on a claims made basis—Commissioner
may not approve without insurer guarantees.
Risk management program—Part of plan.
Rule making.
[Title 48 RCW—page 357]
48.87.010
Title 48 RCW: Insurance
48.87.010 Intent. Certified nurse midwives and
licensed midwives experience a major problem in both the
availability and affordability of malpractice insurance. In
particular midwives practicing outside hospital settings are
unable to obtain malpractice insurance at any price in this
state at this time. Licensed midwives have been unable to
obtain hospital privileges due in part to the requirement of
almost all Washington hospitals that professional staff
members have liability insurance.
The services performed by midwives are in demand by
many women for childbirth and prenatal care. Women often
choose to have a home or birth center birth instead of a
hospital birth. Women are entitled to the provider of their
choice at such a critical life event. Studies document the
safety of midwife-attended births and the safety of home
births for low-risk women.
At a time when safety, cost-effectiveness, and individual
choice are of paramount concern to the citizens of Washington state, midwifery care in a variety of settings must be
available to the public. This is essential to the goals of
increased access to maternity care and increased cost-effectiveness of care, as well as addressing problems of provider
shortage. One of the primary impediments to the availability
of maternity services performed by midwives is the lack of
available and affordable malpractice liability insurance
coverage.
This chapter is intended to increase the availability of
cost-effective, high-quality maternity care by making
malpractice insurance available for midwives. This chapter
is implemented by requiring all insurers authorized to write
commercial or professional liability insurance to be members
of a joint underwriting association created to provide
malpractice insurance for midwives. [1993 c 112 § 1.]
48.87.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Association" means the joint underwriting association established under this chapter.
(2) "Midwifery and birth center malpractice insurance"
means insurance coverage against the legal liability of the
insured and against loss damage or expense incident to a
claim arising out of the death or injury of a person as a
result of negligence or malpractice in rendering professional
service by a licensee.
(3) "Licensee" means a person or facility licensed to
provide midwifery services under chapter 18.50, 18.79, or
18.46 RCW. [2002 c 300 § 1; 1993 c 112 § 2.]
48.87.030 Plan for establishing association—
Commissioner’s duty—Market assistance plan. The
insurance commissioner shall approve by December 31,
1993, a reasonable plan for the establishment of a nonprofit,
joint underwriting association for midwifery and birth center
malpractice insurance subject to the conditions and limitations contained in this chapter. Such plan shall include a
market assistance plan to be used prior to activating a joint
underwriting association. [1993 c 112 § 3.]
of authority to write and engaged in writing medical malpractice insurance within this state and general casualty
companies. Every insurer shall be a member of the association and shall remain a member as a condition of its authority to continue to transact business in this state. Only
licensed midwives under chapter 18.50 RCW, certified nurse
midwives licensed under chapter 18.79 RCW, or birth
centers licensed under chapter 18.46 RCW may participate
in the joint underwriting authority. [2002 c 300 § 2; 1993
c 112 § 4.]
48.87.050 Midwifery and birth center malpractice
insurance—Rating plan modified according to practice
volume. A licensee may apply to the association to purchase midwifery and birth center malpractice insurance and
the association shall offer a policy with liability limits of one
million dollars per claim and three million dollars per annual
aggregate, or such other minimum level of mandated
coverage as determined by the department of health. The
insurance commissioner shall require the use of a rating plan
for midwifery malpractice insurance that permits rates to be
modified according to practice volume. Any rating plan for
midwifery malpractice insurance used under this section
must be based on sound actuarial principles. Coverage may
not exclude midwives who engage in home birth or birth
center deliveries. [1994 c 90 § 1; 1993 c 112 § 5.]
Effective date—1994 c 90: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 23, 1994]." [1994 c 90 § 2.]
48.87.060 Administering a plan. The commissioner
may select an insurer to administer a plan established under
this chapter. The insurer must be admitted to transact the
business of insurance of the state of Washington. [1993 c
112 § 6.]
48.87.070 Policies written on a claims made basis—
Commissioner may not approve without insurer guarantees. The insurance commissioner may not approve a policy
written on a claims made basis by an insurer doing business
in this state unless the insurer guarantees to the commissioner the continued availability of suitable liability protection
for midwives subsequent to the discontinuance of professional practice by the midwife or the sooner termination of
the insurance policy by the insurer for so long as there is a
reasonable probability of a claim for injury for which the
health care provider might be liable. [1993 c 112 § 7.]
48.87.080 Risk management program—Part of
plan. A risk management program for insureds of the
association must be established as a part of the plan. This
program must include but not be limited to: Investigation
and analysis of frequency, severity, and causes of adverse or
untoward outcomes; development of measures to control
these injuries; systematic reporting of incidents; investigation
and analysis of patient complaints; and education of association members to improve quality of care and risk reduction.
[1993 c 112 § 8.]
48.87.040 Composition of association. The association shall be comprised of all insurers possessing a certificate
[Title 48 RCW—page 358]
(2002 Ed.)
Midwives and Birthing Centers—Joint Underwriting Association
48.87.100
48.87.100 Rule making. The commissioner may
adopt all rules necessary to ensure the efficient, equitable
operation of the association, including but not limited to,
rules requiring or limiting certain policy provisions. [1993
c 112 § 10.]
casualty insurance within this state on a direct basis, including the liability portion of multiperil policies, but not of
ocean marine insurance. Every such insurer shall be a member of the association and shall remain a member as a
condition of its authority to continue to transact business in
this state. [1986 c 141 § 4.]
Chapter 48.88
DAY CARE SERVICES—
JOINT UNDERWRITING ASSOCIATION
48.88.050 Policies—Liability limits—Rating plan.
Any licensee may apply to the association to purchase day
care insurance, and the association shall offer a policy with
liability limits of at least one hundred thousand dollars per
occurrence. The commissioner shall require the use of a
rating plan for day care insurance that permits rates to be
modified for individual licensees according to the type, size
and past loss experience of the licensee including any other
difference among licensees that can be demonstrated to have
a probable effect upon losses. [1986 c 141 § 5.]
Sections
48.88.010
48.88.020
48.88.030
48.88.040
48.88.050
48.88.070
Intent.
Definitions.
Plan for joint underwriting association.
Association—Membership.
Policies—Liability limits—Rating plan.
Rules.
48.88.010 Intent. Day care service providers have
experienced major problems in both the availability and
affordability of liability insurance. Premiums for such
insurance policies have recently grown as much as five hundred percent and the availability of such insurance in
Washington markets has greatly diminished.
The availability of quality day care is essential to
achieving such goals as increased work force productivity,
family self-sufficiency, and protection for children at risk
due to poverty and abuse. The unavailability of adequate
liability insurance threatens to decrease the availability of
day care services.
This chapter is intended to remedy the problem of
unavailable liability insurance for day care services by
requiring all insurers authorized to write commercial or
professional liability insurance to be members of a joint
underwriting association created to provide liability insurance
for day care services. [1986 c 141 § 1.]
48.88.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Association" means the joint underwriting association established pursuant to the provisions of this chapter.
(2) "Day care insurance" means insurance coverage
against the legal liability of the insured and against loss,
damage, or expense incident to a claim arising out of the
death or injury of any person as the result of negligence or
malpractice in rendering professional service by any licensee.
(3) "Licensee" means any person or facility licensed to
provide day care services pursuant to chapter 74.15 RCW.
[1986 c 141 § 2.]
48.88.030 Plan for joint underwriting association.
The commissioner shall approve by July 1, 1986, a reasonable plan for the establishment of a nonprofit, joint underwriting association for day care insurance, subject to the
conditions and limitations contained in this chapter. [1986
c 141 § 3.]
48.88.040 Association—Membership. The association shall be comprised of all insurers possessing a certificate
of authority to write and engage in writing property and
(2002 Ed.)
48.88.070 Rules. The commissioner may adopt all
rules necessary to ensure the efficient, equitable operation of
the association, including but not limited to, rules requiring
or limiting certain policy provisions. [1986 c 141 § 7.]
Chapter 48.90
DAY CARE CENTERS—SELF-INSURANCE
Sections
48.90.010
48.90.020
48.90.030
48.90.040
48.90.050
48.90.060
48.90.070
48.90.080
48.90.090
48.90.100
48.90.110
48.90.120
48.90.130
48.90.140
48.90.150
48.90.160
48.90.170
Findings and intent.
Definitions.
Authority to self-insure.
Chapter exclusive.
Elements of plan.
Approval of plan.
Contributing trust fund.
Initial implementation of plan—Conditions.
Standard of care in fund management—Fiduciary.
Annual report.
Powers of association.
Contracts—Terms.
Significant modifications in plan, statement on.
Dissolution of plan and association.
Recovery limits.
Suspension of plan—Reconsideration.
Costs of investigation or review of plan.
48.90.010 Findings and intent. (1) Day care providers are facing a major crisis in that adequate and affordable
business liability insurance is no longer available within this
state for persons who care for children. Many day care
centers have been forced to purchase inadequate coverage at
prohibitive premium rates from unregulated foreign surplus
line carriers over which the state has minimal control.
(2) There is a danger that a substantial number of day
care centers who cannot afford the escalating premiums will
be unable or unwilling to remain in business without
adequate coverage. As a result the number of available
facilities will be drastically reduced forcing some parents to
leave the work force to care for their children. A corresponding demand upon the state’s resources will result in the
form of public assistance to unemployed parents and day
care providers.
(3) There is a further danger that a substantial number
of day care centers now licensed pursuant to state law, who
[Title 48 RCW—page 359]
48.90.010
Title 48 RCW: Insurance
currently provide specific safeguards for the health and
safety of children but are unable to procure insurance, may
choose to continue to operate without state approval,
avoiding regulation and payment of legitimate taxes, and
forcing some parents to place their children in facilities of
unknown quality and questionable levels of safety.
(4) Most day care centers are small business enterprises
with limited resources. The state’s policies encourage the
growth and development of small businesses.
(5) This chapter is intended to remedy the problem of
nonexistent or unaffordable liability coverage for day care
centers, and to encourage compliance with state laws
protecting children while meeting the state’s sound economic
policies of encouraging small business development, sustaining an active work force, and discouraging policies that
result in an increased drain on the state’s resources through
public assistance and other forms of public funding. This
chapter will empower day care centers to create self-insurance pools, to purchase insurance coverage, and to contract
for risk management and administrative services through an
association with demonstrated responsible fiscal management.
(6) The intent of this legislation is to allow such
associations maximum flexibility to create and administer
plans to provide coverage and risk management services to
licensed day care centers. [1986 c 142 § 1.]
48.90.020 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Day care center" means an agency that regularly
provides care for one or more children for periods of less
than twenty-four hours as defined in *RCW 74.15.020(3)(d).
(2) "Association" means a corporation organized under
Title 24 RCW, representative of one or more categories of
day care centers not formed for the sole purpose of establishing and operating a self-insurance program that:
(a) Maintains a roster of current names and addresses of
member day care centers and of former member day care
centers or their representatives, and of all employees of
member or former member day care centers;
(b) Has a membership of a size and stability to ensure
that it will be able to provide consistent and responsible
fiscal management; and
(c) Maintains a regular newsletter or other periodic
communication to member day care centers.
(3) "Subscriber" means a day care center that:
(a) Subscribes to a plan created pursuant to this chapter;
(b) Complies with all state licensing requirements;
(c) Is a member in good standing of an association;
(d) Has consistently maintained its license free from
revocation for cause, except where the revocation was not
later rescinded or vacated by appellate or administrative
decision; and
(e) Is prepared to demonstrate the willingness and
ability to bear its share of the financial responsibility of its
participation in the plan for each applicable contractual
period. [1986 c 142 § 2.]
*Reviser’s note: Due to an alphabetization directive by 1998 c 269
§ 18, subsection (3)(d) is now subsection (1)(a).
[Title 48 RCW—page 360]
48.90.030 Authority to self-insure. Associations
meeting the criteria of RCW 48.90.020 are empowered to
create and operate self-insurance plans to provide general
liability coverage to member day care centers who choose to
subscribe to the plans. [1986 c 142 § 3.]
48.90.040 Chapter exclusive. Except as provided in
this chapter, self-insurance plans formed and implemented
pursuant to this chapter shall be governed by this chapter
and shall be exempt from all other provisions of the insurance laws of this state. [1986 c 142 § 4.]
48.90.050 Elements of plan. Any association desiring
to establish a plan pursuant to this chapter shall prepare and
submit to the commissioner a proposed plan of organization
and operation, including the following elements:
(1) A statement that the association meets the requirements of this chapter.
(2) A financial plan specifying:
(a) The coverage to be offered by the self-insurance
pool, setting forth a deductible level and maximum level of
claims that the pool will self-insure;
(b) The amount of cash reserves to be maintained for
the payment of claims;
(c) The amount of insurance, if any, to be purchased to
cover claims in excess of the amount of claims to be
satisfied directly from the association’s own cash reserves;
(d) The amount of stop-loss coverage to be purchased
in the event the joint self-insurance pool’s resources are
exhausted in a given fiscal period;
(e) A mechanism for determining and assessing the
contingent liability of subscribers in the event the assets in
the contributing trust fund are at any time insufficient to
cover liabilities; and
(f) Certification that all subscribers in the pool are apprised of the limitations of coverage to be provided.
(3) A plan of management setting forth:
(a) The means of fulfilling the requirements in RCW
48.90.050(2);
(b) The names and addresses of board members and
their terms of office, and a copy of the corporate bylaws
defining the method of election of board members;
(c) The frequency of studies or other evaluation to
establish the periodic contribution rates for each of the
subscribers;
(d) The responsibilities of subscribers, including
procedures for entry into and withdrawal from the pool, the
allocation of contingent liabilities and a procedure for
immediate assessments if the contributing trust fund falls
below the level set in RCW 48.90.050(2)(b);
(e) A plan for monitoring risks and disseminating
information with respect to their reduction or elimination;
(f) A contract with a professional insurance management
corporation, for the management and operation of any joint
self-insurance pool established by the association; and
(g) The corporate address of the association. [1986 c
142 § 5.]
48.90.060 Approval of plan. If the plan submitted
complies with RCW 48.90.050 and if the terms of the plan
reflect sound financial management, the commissioner shall
(2002 Ed.)
Day Care Centers—Self-Insurance
approve the plan submitted pursuant to RCW 48.90.050.
[1986 c 142 § 6.]
48.90.070 Contributing trust fund. All funds
contributed for the purpose of the self-insurance plan shall
be deposited in a contributing trust fund, which shall at all
times be maintained separately from the general funds of the
association. The association shall not contribute to or draw
upon the contributing trust fund at any time or for any
reason other than administration of the trust fund and
operation of the plan. All administration and operating costs
related to the trust fund shall be drawn from it. [1986 c 142
§ 7.]
48.90.080 Initial implementation of plan—
Conditions. The initial implementation of the plan shall be
conditioned upon establishment of the minimum deposits in
the contributing trust fund at least thirty days prior to the
first effective date of the program for its first year of
operation. [1986 c 142 § 8.]
48.90.090 Standard of care in fund management—
Fiduciary. In managing the assets of the contributing trust
fund, the association shall exercise the reasonable judgment
and care that ordinary persons of prudence, intelligence, and
discretion exercise in the sound management of their affairs,
not in regard to speculation but in regard to preservation of
their funds with maximum return, given the information
reasonably available. The association may delegate this duty
to a responsible fiduciary. If the fiduciary has special skills
or represents that it has special skills, then the fiduciary is
under a duty to use those skills in the management of the
fund’s assets. [1986 c 142 § 9.]
48.90.100 Annual report. The association shall
provide an annual report of the operations of the plan to all
subscribers, to the secretary of social and health services,
and to the commissioner. This report shall:
(1) Review claims made, judgments entered, and claims
rejected;
(2) Certify that the current level of the contributing trust
fund is sufficient to meet reasonable needs, or provide a plan
for establishing such a level within a reasonable time; and
(3) Make recommendations for specific measures of risk
reduction. [1986 c 142 § 10.]
48.90.110 Powers of association. The association
shall have the power, in its capacity as plan administrator, to
contract for or delegate services as necessary for the efficient
management and operation of the plan, including but not
limited to:
(1) Contracting for risk management and loss control
services;
(2) Designing a continuing program of risk reduction,
calling for the participation of all subscribers;
(3) Contracting for legal counsel for the defense of
claims and other legal services;
(4) Consulting with the commissioner, the secretary of
social and health services, or other interested state agencies
with respect to any matters affecting the provision of day
care for the state’s children, and related risk problems; and
(2002 Ed.)
48.90.060
(5) Purchasing commercial insurance coverage in the
form and amount as the subscribers may by contract agree,
including reinsurance, excess coverage, and stop-loss
insurance. [1986 c 142 § 11.]
48.90.120 Contracts—Terms. (1) All contracts
between subscribers and the association shall be for one-year
periods and shall terminate on the first day of the next fiscal
year of the association following their signature. Subscribers
withdrawing from participation in the plan during any contract period may do so only upon surrender of their licenses
to care for children to the department of social and health
services.
(2) Premiums should be annual, prorated quarterly in the
event any subscriber withdraws, or any new subscriber
contracts with the association to become part of the plan
during the fiscal year. Subscribers should not have the
power to delegate or assign the responsibility for their
assessments.
(3) Contracts should provide for recovery by the
association, of any assessments that are not promptly
contributed, for methods of collection, and for resolution of
related disputes. [1986 c 142 § 12.]
48.90.130 Significant modifications in plan, statement on. Within six months of the beginning of any fiscal
year in which significant modifications of the plan are
envisioned, the association shall provide the commissioner
with a statement of those modifications, setting forth the
proposed changes, reasons for the changes, and reasonable
alternatives, if any exist. The statement shall specifically
include reference to coverage available in the commercial
insurance market, together with suggested solutions within
the joint self-insurance plan. [1986 c 142 § 13.]
48.90.140 Dissolution of plan and association. (1)
If at any time the plan can no longer be operated on a sound
financial basis, the association may elect to dissolve the plan,
subject to explicit approval by the commissioner of a plan
for dissolution. Once a plan operated by an association has
been dissolved, that association may not again implement a
plan pursuant to this chapter for five calendar years.
(2) At dissolution, the assets of the association represented by the contributing trust fund shall be deposited with
the commissioner [for] a period of twenty-one years, to be
made available for claims arising during that period based
upon occurrences during the term of coverage. At the time
of transfer of the funds, the association shall certify to the
commissioner a list of all current subscribers, with their
correct mailing addresses, and shall have notified all current
subscribers of their obligation to keep the commissioner
informed of any changes in their mailing addresses over the
twenty-one year period, and that this obligation extends to
their representatives, successors, assigns, and to the representatives of their estates. Upon dissolution, the association
shall be required to provide to the commissioner a list of all
plan subscribers during all of the years of operation of the
plan.
At the end of the twenty-one year period, any funds
remaining in the trust account shall be distributed to those
subscribers who were current subscribers in the most recent
[Title 48 RCW—page 361]
48.90.140
Title 48 RCW: Insurance
year of operation of the plan, with each current subscriber
receiving an equal share of the distribution, without regard
for the length of time each day care center was a subscriber.
In the alternative, in the discretion of the association,
the balance of the contributing trust fund may be used to
purchase similar or more liberal coverage from a commercial
insurer. Each subscriber shall, however, be given the option
to deposit its share of the fund with the commissioner as
provided in this section if it elects not to participate in the
proposed commercial insurance. [1986 c 142 § 14.]
48.90.150 Recovery limits. No person with a claim
covered by a plan established pursuant to this chapter shall
be entitled to recover from the plan any amount in excess of
the limits of coverage provided for in the plan. [1986 c 142
§ 15.]
48.90.160 Suspension of plan—Reconsideration.
The commissioner may disapprove, and require suspension
of a plan for failure of the association to comply with any
provision of this chapter, for gross mismanagement, or for
wilful disregard and neglect of its fiduciary duty. The
association shall have the right to request reconsideration of
the commissioner’s decision within fifteen days of the
receipt of the commissioner’s written notification of the
decision, or to request a hearing according to chapter 48.04
RCW. [1986 c 142 § 16.]
48.90.170 Costs of investigation or review of plan.
All reasonable costs of any investigation or review by the
commissioner of an association’s plan of organization and
operation, or any changes or modifications thereof, including
the dissolution of a plan, shall be paid by the association
before issuance of any approval required under this chapter.
[1986 c 142 § 17.]
Chapter 48.92
LIABILITY RISK RETENTION
Sections
48.92.010
48.92.020
48.92.030
48.92.040
48.92.050
48.92.060
48.92.070
48.92.080
48.92.090
48.92.095
48.92.100
48.92.110
48.92.120
48.92.130
48.92.140
Purpose.
Definitions.
Requirements for chartering.
Required acts—Prohibited practices.
Insolvency guaranty fund, participation prohibited—Joint
underwriting associations, participation required.
Countersigning not required.
Purchasing groups—Exempt from certain laws.
Purchasing groups—Notice and registration.
Purchasing groups—Dealing with foreign insurers—
Deductible or self-insured retention—Aggregate limits.
Premium taxes—Imposition—Obligations—Member’s liability.
Authority of commissioner.
Penalties.
Agents, brokers, solicitors—License required.
Federal injunctions.
Rules.
48.92.010 Purpose. The purpose of this chapter is to
regulate the formation and operation of risk retention groups
and purchasing groups in this state formed pursuant to the
[Title 48 RCW—page 362]
provisions of the federal Liability Risk Retention Act of
1986. [1993 c 462 § 91; 1987 c 306 § 1.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.020 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise:
(1) "Commissioner" means the insurance commissioner
of Washington state or the commissioner, director, or
superintendent of insurance in any other state.
(2) "Completed operations liability" means liability
arising out of the installation, maintenance, or repair of any
product at a site which is not owned or controlled by:
(a) Any person who performs that work; or
(b) Any person who hires an independent contractor to
perform that work; but shall include liability for activities
which are completed or abandoned before the date of the
occurrence giving rise to the liability.
(3) "Domicile," for purposes of determining the state in
which a purchasing group is domiciled, means:
(a) For a corporation, the state in which the purchasing
group is incorporated; and
(b) For an unincorporated entity, the state of its principal place of business.
(4) "Hazardous financial condition" means that, based
on its present or reasonably anticipated financial condition,
a risk retention group, although not yet financially impaired
or insolvent, is unlikely to be able:
(a) To meet obligations to policyholders with respect to
known claims and reasonably anticipated claims; or
(b) To pay other obligations in the normal course of
business.
(5) "Insurance" means primary insurance, excess
insurance, reinsurance, surplus lines insurance, and any other
arrangement for shifting and distributing risk which is
determined to be insurance under the laws of this state.
(6) "Liability" means legal liability for damages including costs of defense, legal costs and fees, and other claims
expenses because of injuries to other persons, damage to
their property, or other damage or loss to such other persons
resulting from or arising out of:
(a) Any business, whether profit or nonprofit, trade,
product, services, including professional services, premises,
or operations; or
(b) Any activity of any state or local government, or any
agency or political subdivision thereof.
"Liability" does not include personal risk liability and an
employer’s liability with respect to its employees other than
legal liability under the federal Employers’ Liability Act 45
U.S.C. 51 et seq.
(7) "Personal risk liability" means liability for damages
because of injury to any person, damage to property, or other
loss or damage resulting from any personal, familial, or
household responsibilities or activities, rather than from
responsibilities or activities referred to in subsection (6) of
this section.
(8) "Plan of operation or a feasibility study" means an
analysis which presents the expected activities and results of
a risk retention group including, at a minimum:
(a) Information sufficient to verify that its members are
engaged in businesses or activities similar or related with
(2002 Ed.)
Liability Risk Retention
respect to the liability to which the members are exposed by
virtue of any related, similar, or common business, trade,
product, services, premises, or operations;
(b) For each state in which it intends to operate, the
coverages, deductibles, coverage limits, rates, and rating
classification systems for each line of insurance the group
intends to offer;
(c) Historical and expected loss experience of the
proposed members and national experience of similar
exposures;
(d) Pro forma financial statements and projections;
(e) Appropriate opinions by a qualified, independent,
casualty actuary, including a determination of minimum
premium or participation levels required to commence operations and to prevent a hazardous financial condition;
(f) Identification of management, underwriting and
claims procedures, marketing methods, managerial oversight
methods, investment policies, and reinsurance agreements;
(g) Identification of each state in which the risk retention group has obtained, or sought to obtain, a charter and
license, and a description of its status in each of those states;
and
(h) Such other matters as may be prescribed by the
commissioner for liability insurance companies authorized by
the insurance laws of the state.
(9) "Product liability" means liability for damages
because of any personal injury, death, emotional harm,
consequential economic damage, or property damage including damages resulting from the loss of use of property
arising out of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product, but
does not include the liability of any person for those damages if the product involved was in the possession of such a
person when the incident giving rise to the claim occurred.
(10) "Purchasing group" means any group which:
(a) Has as one of its purposes the purchase of liability
insurance on a group basis;
(b) Purchases the insurance only for its group members
and only to cover their similar or related liability exposure,
as described in (c) of this subsection;
(c) Is composed of members whose businesses or
activities are similar or related with respect to the liability to
which members are exposed by virtue of any related, similar,
or common business, trade, product, services, premises, or
operations; and
(d) Is domiciled in any state.
(11) "Risk retention group" means any corporation or
other limited liability association:
(a) Whose primary activity consists of assuming and
spreading all, or any portion, of the liability exposure of its
group members;
(b) Which is organized for the primary purpose of
conducting the activity described under (a) of this subsection;
(c) Which:
(i) Is chartered and licensed as a liability insurance
company and authorized to engage in the business of
insurance under the laws of any state; or
(ii) Before January 1, 1985, was chartered or licensed
and authorized to engage in the business of insurance under
the laws of Bermuda or the Cayman Islands and, before such
date, had certified to the insurance commissioner of at least
(2002 Ed.)
48.92.020
one state that it satisfied the capitalization requirements of
such state, except that any such group shall be considered to
be a risk retention group only if it has been engaged in
business continuously since that date and only for the
purpose of continuing to provide insurance to cover product
liability or completed operations liability as the terms were
defined in the federal Product Liability Risk Retention Act
of 1981 before the date of the enactment of the federal Risk
Retention Act of 1986;
(d) Which does not exclude any person from membership in the group solely to provide for members of such a
group a competitive advantage over such a person;
(e) Which:
(i) Has as its owners only persons who comprise the
membership of the risk retention group and who are provided insurance by the risk retention group; or
(ii) Has as its sole owner an organization that has:
(A) As its members only persons who comprise the
membership of the risk retention group; and
(B) As its owners only persons who comprise the
membership of the risk retention group and who are provided insurance by the group;
(f) Whose members are engaged in businesses or
activities similar or related with respect to the liability of
which such members are exposed by virtue of any related,
similar, or common business trade, product, services,
premises, or operations;
(g) Whose activities do not include the provision of
insurance other than:
(i) Liability insurance for assuming and spreading all or
any portion of the liability of its group members; and
(ii) Reinsurance with respect to the liability of any other
risk retention group or any members of such other group
which is engaged in businesses or activities so that the group
or member meets the requirement described in (f) of this
subsection from membership in the risk retention group
which provides such reinsurance; and
(h) The name of which includes the phrase "risk
retention group."
(12) "State" means any state of the United States or the
District of Columbia. [1993 c 462 § 92; 1987 c 306 § 2.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.030 Requirements for chartering. (1) A risk
retention group seeking to be chartered in this state must be
chartered and licensed as a liability insurance company
authorized by the insurance laws of this state and, except as
provided elsewhere in this chapter, must comply with all of
the laws, rules, regulations, and requirements applicable to
the insurers chartered and licensed in this state and with
RCW 48.92.040 to the extent the requirements are not a
limitation on laws, rules, regulations, or requirements of this
state.
(2) A risk retention group chartered in this state shall
file with the department and the National Association of
Insurance Commissioners an annual statement in a form
prescribed by the National Association of Insurance Commissioners, and in electronic form if required by the commissioner, and completed in accordance with its instructions
and the National Association of Insurance Commissioners
accounting practices and procedures manual.
[Title 48 RCW—page 363]
48.92.030
Title 48 RCW: Insurance
(3) Before it may offer insurance in any state, each
domestic risk retention group shall also submit for approval
to the insurance commissioner of this state a plan of operation or a feasibility study. The risk retention group shall
submit an appropriate revision in the event of a subsequent
material change in an item of the plan of operation or
feasibility study, within ten days of the change. The group
may not offer any additional kinds of liability insurance, in
this state or in any other state, until a revision of the plan or
study is approved by the commissioner.
(4) At the time of filing its application for charter, the
risk retention group shall provide to the commissioner in
summary form the following information: The identity of
the initial members of the group; the identify of those
individuals who organized the group or who will provide
administrative services or otherwise influence or control the
activities of the group; the amount and nature of the initial
capitalization; the coverages to be afforded; and the states in
which the group intends to operate. Upon receipt of this
information, the commissioner shall forward the information
to the National Association of Insurance Commissioners.
Providing notification to the National Association of Insurance Commissioners is in addition to and is not sufficient to
satisfy the requirements of RCW 48.92.040 or this chapter.
[1993 c 462 § 93; 1987 c 306 § 3.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.040 Required acts—Prohibited practices.
Risk retention groups chartered and licensed in states other
than this state and seeking to do business as a risk retention
group in this state shall comply with the laws of this state as
follows:
(1) Before offering insurance in this state, a risk
retention group shall submit to the commissioner on a form
prescribed by the National Association of Insurance Commissioners:
(a) A statement identifying the state or states in which
the risk retention group is chartered and licensed as a
liability insurance company, date of chartering, its principal
place of business, and any other information including
information on its membership, as the commissioner of this
state may require to verify that the risk retention group is
qualified under RCW 48.92.020(11);
(b) A copy of its plan of operations or a feasibility
study and revisions of the plan or study submitted to its state
of domicile: PROVIDED, HOWEVER, That the provision
relating to the submission of a plan of operation or a
feasibility study shall not apply with respect to any line or
classification of liability insurance which: (i) Was defined
in the federal Product Liability Risk Retention Act of 1981
before October 27, 1986; and (ii) was offered before that
date by any risk retention group which had been chartered
and operating for not less than three years before that date;
(c) The risk retention group shall submit a copy of any
revision to its plan of operation or feasibility study required
under RCW 48.92.030(3) at the same time that the revision
is submitted to the commissioner of its chartering state; and
(d) A statement of registration which designates the
commissioner as its agent for the purpose of receiving
service of legal documents or process.
[Title 48 RCW—page 364]
(2) Any risk retention group doing business in this state
shall submit to the commissioner:
(a) A copy of the group’s financial statement submitted
to its state of domicile, which shall be certified by an
independent public accountant and contain a statement of
opinion on loss and loss adjustment expense reserves made
by a member of the American academy of actuaries or a
qualified loss reserve specialist under criteria established by
the National Association of Insurance Commissioners;
(b) A copy of each examination of the risk retention
group as certified by the commissioner or public official
conducting the examination;
(c) Upon request by the commissioner, a copy of any
information or document pertaining to an outside audit
performed with respect to the risk retention group; and
(d) Any information as may be required to verify its
continuing qualification as a risk retention group under RCW
48.92.020(11).
(3)(a) A risk retention group is liable for the payment of
premium taxes and taxes on premiums of direct business for
risks resident or located within this state, and shall report on
or before March 1st of each year to the commissioner the
direct premiums written for risks resident or located within
this state. The risk retention group is subject to taxation,
and applicable fines and penalties related thereto, on the
same basis as a foreign admitted insurer.
(b) To the extent agents or brokers are utilized under
RCW 48.92.120 or otherwise, they shall report to the
commissioner the premiums for direct business for risks
resident or located within this state that the licensees have
placed with or on behalf of a risk retention group not
chartered in this state.
(c) To the extent agents or brokers are used under RCW
48.92.120 or otherwise, an agent or broker shall keep a
complete and separate record of all policies procured from
each risk retention group. The record is open to examination
by the commissioner, as provided in chapter 48.03 RCW.
These records must include, for each policy and each kind
of insurance provided thereunder, the following:
(i) The limit of liability;
(ii) The time period covered;
(iii) The effective date;
(iv) The name of the risk retention group that issued the
policy;
(v) The gross premium charged; and
(vi) The amount of return premiums, if any.
(4) Any risk retention group, its agents and representatives, shall be subject to any and all unfair claims
settlement practices statutes and regulations specifically
denominated by the commissioner as unfair claims settlement
practices regulations.
(5) Any risk retention group, its agents and representatives, shall be subject to the provisions of chapter 48.30
RCW pertaining to deceptive, false, or fraudulent acts or
practices. However, if the commissioner seeks an injunction
regarding such conduct, the injunction must be obtained from
a court of competent jurisdiction.
(6) Any risk retention group must submit to an examination by the commissioner to determine its financial condition
if the commissioner of the jurisdiction in which the group is
chartered has not initiated an examination or does not initiate
an examination within sixty days after a request by the
(2002 Ed.)
Liability Risk Retention
commissioner of this state. The examination shall be
coordinated to avoid unjustified repetition and conducted in
an expeditious manner and in accordance with the National
Association of Insurance Commissioners’ examiner handbook.
(7) Every application form for insurance from a risk
retention group and every policy issued by a risk retention
group shall contain in ten-point type on the front page and
the declaration page, the following notice:
NOTICE
This policy is issued by your risk retention group.
Your risk retention group may not be subject to all
of the insurance laws and regulations of your state.
State insurance insolvency guaranty funds are not
available for your risk retention group.
48.92.040
(4) When a purchasing group obtains insurance covering
its members’ risks from an authorized insurer, only risks
resident or located in this state are covered by the state
guaranty fund established in chapter 48.32 RCW. [1993 c
462 § 95; 1987 c 306 § 5.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.060 Countersigning not required. A policy of
insurance issued to a risk retention group or any member of
that group shall not be required to be countersigned. [1987
c 306 § 6.]
(8) The following acts by a risk retention group are
hereby prohibited:
(a) The solicitation or sale of insurance by a risk
retention group to any person who is not eligible for membership in that group; and
(b) The solicitation or sale of insurance by, or operation
of, a risk retention group that is in a hazardous financial
condition or is financially impaired.
(9) No risk retention group shall be allowed to do
business in this state if an insurance company is directly or
indirectly a member or owner of the risk retention group,
other than in the case of a risk retention group all of whose
members are insurance companies.
(10) The terms of an insurance policy issued by a risk
retention group may not provide, or be construed to provide,
coverage prohibited generally by statute of this state or
declared unlawful by the highest court of this state.
(11) A risk retention group not chartered in this state
and doing business in this state shall comply with a lawful
order issued in a voluntary dissolution proceeding or in a
delinquency proceeding commenced by a state insurance
commissioner if there has been a finding of financial
impairment after an examination under subsection (6) of this
section. [1993 c 462 § 94; 1987 c 306 § 4.]
48.92.070 Purchasing groups—Exempt from certain
laws. A purchasing group and its insurer or insurers are
subject to all applicable laws of this state, except that a
purchasing group and its insurer or insurers are exempt, in
regard to liability insurance for the purchasing group, from
any law that:
(1) Prohibits the establishment of a purchasing group;
(2) Makes it unlawful for an insurer to provide or offer
to provide insurance on a basis providing, to a purchasing
group or its members, advantages based on their loss and
expense experience not afforded to other persons with
respect to rates, policy forms, coverages, or other matters;
(3) Prohibits a purchasing group or its members from
purchasing insurance on a group basis described in subsection (2) of this section;
(4) Prohibits a purchasing group from obtaining insurance on a group basis because the group has not been in
existence for a minimum period of time or because any
member has not belonged to the group for a minimum period
of time;
(5) Requires that a purchasing group must have a
minimum number of members, common ownership or affiliation, or certain legal form;
(6) Requires that a certain percentage of a purchasing
group must obtain insurance on a group basis;
(7) Otherwise discriminates against a purchasing group
or any of its members. [1993 c 462 § 96; 1987 c 306 § 7.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.050 Insolvency guaranty fund, participation
prohibited—Joint underwriting associations, participation
required. (1) No risk retention group shall be permitted to
join or contribute financially to any insurance insolvency
guaranty fund, or similar mechanism, in this state, nor shall
any risk retention group, or its insureds or claimants against
its insureds, receive any benefit from any such fund for
claims arising under the insurance policies issued by a risk
retention group.
(2) A risk retention group shall participate in this state’s
joint underwriting associations and mandatory liability pools
or plans required by the commissioners.
(3) When a purchasing group obtains insurance covering
its members’ risks from an insurer not authorized in this
state or a risk retention group, no such risks, wherever
resident or located, are covered by an insurance guaranty
fund or similar mechanism in this state.
48.92.080 Purchasing groups—Notice and registration. (1) A purchasing group which intends to do business
in this state shall furnish, before doing business, notice to the
commissioner, on forms prescribed by the National Association of Insurance Commissioners which shall:
(a) Identify the state in which the group is domiciled;
(b) Identify all other states in which the group intends
to do business;
(c) Specify the lines and classifications of liability insurance which the purchasing group intends to purchase;
(d) Identify the insurance company or companies from
which the group intends to purchase its insurance and the
domicile of that company or companies;
(e) Specify the method by which, and the person or
persons, if any, through whom insurance will be offered to
its members whose risks are resident or located in this state;
(f) Identify the principal place of business of the group;
and
(2002 Ed.)
[Title 48 RCW—page 365]
48.92.080
Title 48 RCW: Insurance
(g) Provide any other information as may be required by
the commissioner to verify that the purchasing group is
qualified under RCW 48.92.020(10).
(2) A purchasing group shall, within ten days, notify the
commissioner of any changes in any of the items set forth in
subsection (1) of this section.
(3) The purchasing group shall register with and
designate the commissioner as its agent solely for the
purpose of receiving service of legal documents or process,
except that this requirement shall not apply in the case of a
purchasing group that only purchases insurance that was
authorized under the federal Product Liability Risk Retention
Act of 1981 and:
(a) Which in any state of the United States:
(i) Was domiciled before April 1, 1986; and
(ii) Is domiciled on and after October 27, 1986;
(b) Which:
(i) Before October 27, 1986, purchased insurance from
an insurance carrier licensed in any state;
(ii) Since October 27, 1986, purchased its insurance
from an insurance carrier licensed in any state; or
(c) Which was a purchasing group under the requirements of the federal Product Liability Risk Retention Act of
1981 before October 27, 1986.
(4) A purchasing group that is required to give notice
under subsection (1) of this section shall also furnish such
information as may be required by the commissioner to:
(a) Verify that the entity qualifies as a purchasing
group;
(b) Determine where the purchasing group is located;
and
(c) Determine appropriate tax treatment. [1993 c 462 §
97; 1987 c 306 § 8.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.090 Purchasing groups—Dealing with foreign
insurers—Deductible or self-insured retention—
Aggregate limits. (1) A purchasing group may not purchase
insurance from a risk retention group that is not chartered in
a state or from an insurer not admitted in the state in which
the purchasing group is located, unless the purchase is
effected through a licensed agent or broker acting pursuant
to the surplus lines laws and regulations of that state.
(2) A purchasing group that obtains liability insurance
from an insurer not admitted in this state or a risk retention
group shall inform each of the members of the group that
have a risk resident or located in this state that the risk is not
protected by an insurance insolvency guaranty fund in this
state, and that the risk retention group or insurer may not be
subject to all insurance laws and rules of this state.
(3) No purchasing group may purchase insurance
providing for a deductible or self-insured retention applicable
to the group as a whole; however, coverage may provide for
a deductible or self-insured retention applicable to individual
members.
(4) Purchases of insurance by purchasing groups are
subject to the same standards regarding aggregate limits that
are applicable to all purchases of group insurance. [1993 c
462 § 98; 1987 c 306 § 9.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
[Title 48 RCW—page 366]
48.92.095 Premium taxes—Imposition—
Obligations—Member’s liability. Premium taxes and taxes
on premiums paid for coverage of risks resident or located
in this state by a purchasing group or any members of the
purchasing groups must be:
(1) Imposed at the same rate and subject to the same
interest, fines, and penalties as those applicable to premium
taxes and taxes on premiums paid for similar coverage from
authorized insurers, as defined under chapter 48.05 RCW, or
unauthorized insurers, as defined and provided for under
chapter 48.15 RCW, by other insurers; and
(2) The obligation of the insurer; and if not paid by the
insurer, then the obligation of the purchasing group; and if
not paid by the purchasing group, then the obligation of the
agent or broker for the purchasing group; and if not paid by
the agent or broker for the purchasing group, then the
obligation of each of the purchasing group’s members. The
liability of each member of the purchasing group is several,
not joint, and is limited to the tax due in relation to the
premiums paid by that member. [1993 c 462 § 99.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.100 Authority of commissioner. The commissioner is authorized to make use of any of the powers
established under Title 48 RCW to enforce the laws of this
state so long as those powers are not specifically preempted
by the federal Product Liability Risk Retention Act of 1981,
as amended by the federal Risk Retention Amendments of
1986. This includes, but is not limited to, the
commissioner’s administrative authority to investigate, issue
subpoenas, conduct depositions and hearings, issue orders,
impose penalties, and seek injunctive relief. With regard to
any investigation, administrative proceedings, or litigation,
the commissioner can rely on the procedural law and
regulations of the state. The injunctive authority of the
commissioner in regard to risk retention groups is restricted
by the requirement that any injunction be issued by a court
of competent jurisdiction. [1993 c 462 § 100; 1987 c 306 §
10.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.110 Penalties. A risk retention group which
violates any provision of this chapter shall be subject to fines
and penalties applicable to licensed insurers generally,
including revocation of its license and/or the right to do
business in this state. [1987 c 306 § 11.]
48.92.120 Agents, brokers, solicitors—License
required. (1) No person may act or aid in any manner in
soliciting, negotiating, or procuring liability insurance in this
state from a risk retention group unless the person is licensed
as an insurance agent or broker for casualty insurance in
accordance with chapter 48.17 RCW and pays the fees
designated for the license under RCW 48.14.010.
(2)(a) No person may act or aid in any manner in
soliciting, negotiating, or procuring liability insurance in this
state for a purchasing group from an authorized insurer or a
risk retention group chartered in a state unless the person is
licensed as an insurance agent or broker for casualty insur(2002 Ed.)
Liability Risk Retention
ance in accordance with chapter 48.17 RCW and pays the
fees designated for the license under RCW 48.14.010.
(b) No person may act or aid in any manner in soliciting, negotiating, or procuring liability insurance coverage in
this state for a member of a purchasing group under a
purchasing group’s policy unless the person is licensed as an
insurance agent or broker for casualty insurance in accordance with chapter 48.17 RCW and pays the fees designated
for the license under RCW 48.14.010.
(c) No person may act or aid in any manner in soliciting, negotiating, or procuring liability insurance from an
insurer not authorized to do business in this state on behalf
of a purchasing group located in this state unless the person
is licensed as a surplus lines broker in accordance with
chapter 48.15 RCW and pays the fees designated for the
license under RCW 48.14.010.
(3) For purposes of acting as an agent or broker for a
risk retention group or purchasing group under subsections
(1) and (2) of this section, the requirement of residence in
this state does not apply.
(4) Every person licensed under chapters 48.15 and
48.17 RCW, on business placed with risk retention groups or
written through a purchasing group, shall inform each
prospective insured of the provisions of the notice required
under RCW 48.92.040(7) in the case of a risk retention
group and *RCW 48.92.090(3) in the case of a purchasing
group. [1993 c 462 § 101; 1987 c 306 § 12.]
*Reviser’s note: The reference to RCW 48.92.090(3) appears
erroneous. Reference to RCW 48.92.090(2) was apparently intended.
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.130 Federal injunctions. An order issued by
any district court of the United States enjoining a risk
retention group from soliciting or selling insurance, or
operating, in any state or in all states or in any territory or
possession of the United States, upon a finding that the
group is in a hazardous financial or financially impaired
condition, shall be enforceable in the courts of the state.
[1993 c 462 § 102; 1987 c 306 § 13.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
48.92.140 Rules. The commissioner may establish
and from time to time amend the rules relating to risk
retention or purchasing groups as may be necessary or desirable to carry out the provisions of this chapter. [1993 c
462 § 103; 1987 c 306 § 14.]
Severability—Implementation—1993 c 462: See RCW 48.31B.901
and 48.31B.902.
Chapter 48.94
REINSURANCE INTERMEDIARY ACT
Sections
48.94.005
48.94.010
48.94.015
(2002 Ed.)
Definitions.
Acting as a reinsurance intermediary-broker or reinsurance
intermediary-manager—Commissioner’s powers—
Licenses—Attorney exemption.
Written authorization required between a reinsurance
intermediary-broker and an insurer—Minimum provisions.
48.94.020
48.94.025
48.94.030
48.94.035
48.94.040
48.94.045
48.94.050
48.94.055
48.94.900
48.94.901
48.92.120
Accounts and records maintained by reinsurance
intermediary-broker—Access by insurer.
Restrictions on insurer—Obtaining services—Employees—
Financial condition of reinsurance intermediary.
Contract required between a reinsurance
intermediary-manager and a reinsurer—Minimum provisions.
Restrictions on reinsurance intermediary-manager—
Retrocessions—Syndicates—Licenses—Employees.
Restrictions on reinsurer—Financial condition of reinsurance
intermediary-manager—Loss reserves—Retrocessions—
Termination of contract—Board of directors.
Examination by commissioner.
Violations of chapter—Penalties—Judicial review.
Rule making.
Short title.
Severability—Implementation—1993 c 462.
48.94.005 Definitions. The definitions set forth in this
section apply throughout this chapter:
(1) "Actuary" means a person who is a member in good
standing of the American Academy of Actuaries.
(2) "Controlling person" means a person, firm, association, or corporation who directly or indirectly has the power
to direct or cause to be directed, the management, control, or
activities of the reinsurance intermediary.
(3) "Insurer" means insurer as defined in RCW
48.01.050.
(4) "Licensed producer" means an agent, broker, or
reinsurance intermediary licensed under the applicable
provisions of this title.
(5) "Reinsurance intermediary" means a reinsurance
intermediary-broker or a reinsurance intermediary-manager
as these terms are defined in subsections (6) and (7) of this
section.
(6) "Reinsurance intermediary-broker" means a person,
other than an officer or employee of the ceding insurer, firm,
association, or corporation who solicits, negotiates, or places
reinsurance cessions or retrocessions on behalf of a ceding
insurer without the authority or power to bind reinsurance on
behalf of the insurer.
(7) "Reinsurance intermediary-manager" means a person,
firm, association, or corporation who has authority to bind or
manages all or part of the assumed reinsurance business of
a reinsurer, including the management of a separate division,
department, or underwriting office, and acts as an agent for
the reinsurer whether known as a reinsurance intermediarymanager, manager, or other similar term. Notwithstanding
this subsection, the following persons are not considered a
reinsurance intermediary-manager, with respect to such reinsurer, for the purposes of this chapter:
(a) An employee of the reinsurer;
(b) A United States manager of the United States branch
of an alien reinsurer;
(c) An underwriting manager who, pursuant to contract,
manages all the reinsurance operations of the reinsurer, is
under common control with the reinsurer, subject to the
Insurer Holding Company Act, chapter 48.31B RCW, and
whose compensation is not based on the volume of premiums written;
(d) The manager of a group, association, pool, or
organization of insurers that engages in joint underwriting or
joint reinsurance and that are subject to examination by the
insurance commissioner of the state in which the manager’s
principal business office is located.
[Title 48 RCW—page 367]
48.94.005
Title 48 RCW: Insurance
(8) "Reinsurer" means a person, firm, association, or
corporation licensed in this state under this title as an insurer
with the authority to assume reinsurance.
(9) "To be in violation" means that the reinsurance
intermediary, insurer, or reinsurer for whom the reinsurance
intermediary was acting failed to substantially comply with
this chapter.
(10) "Qualified United States financial institution"
means an institution that:
(a) Is organized or, in the case of a United States office
of a foreign banking organization, licensed, under the laws
of the United States or any state thereof;
(b) Is regulated, supervised, and examined by United
States federal or state authorities having regulatory authority
over banks and trust companies; and
(c) Has been determined by either the commissioner, or
the securities valuation office of the National Association of
Insurance Commissioners, to meet such standards of financial condition and standing as are considered necessary and
appropriate to regulate the quality of financial institutions
whose letters of credit will be acceptable to the commissioner. [1993 c 462 § 23.]
48.94.010 Acting as a reinsurance intermediarybroker or reinsurance intermediary-manager—
Commissioner’s powers—Licenses—Attorney exemption.
(1) No person, firm, association, or corporation may act as
a reinsurance intermediary-broker in this state if the person,
firm, association, or corporation maintains an office either
directly or as a member or employee of a firm or association, or an officer, director, or employee of a corporation:
(a) In this state, unless the person, firm, association, or
corporation is a licensed reinsurance intermediary-broker in
this state; or
(b) In another state, unless the person, firm, association,
or corporation is a licensed reinsurance intermediary-broker
in this state or another state having a regulatory scheme
substantially similar to this chapter.
(2) No person, firm, association, or corporation may act
as a reinsurance intermediary-manager:
(a) For a reinsurer domiciled in this state, unless the
person, firm, association, or corporation is a licensed
reinsurance intermediary-manager in this state;
(b) In this state, if the person, firm, association, or corporation maintains an office either directly or as a member
or employee of a firm or association, or an officer, director,
or employee of a corporation in this state, unless the person,
firm, association, or corporation is a licensed reinsurance
intermediary-manager in this state;
(c) In another state for a nondomestic reinsurer, unless
the person, firm, association, or corporation is a licensed
reinsurance intermediary-manager in this state or another
state having a substantially similar regulatory scheme.
(3) The commissioner may require a reinsurance
intermediary-manager subject to subsection (2) of this
section to:
(a) File a bond in an amount and from an insurer
acceptable to the commissioner for the protection of the
reinsurer; and
(b) Maintain an errors and omissions policy in an
amount acceptable to the commissioner.
[Title 48 RCW—page 368]
(4)(a) The commissioner may issue a reinsurance
intermediary license to a person, firm, association, or
corporation who has complied with the requirements of this
chapter. Any such license issued to a firm or association
authorizes all the members of the firm or association and any
designated employees to act as reinsurance intermediaries
under the license, and all such persons may be named in the
application and any supplements to it. Any such license
issued to a corporation authorizes all of the officers, and any
designated employees and directors of it, to act as reinsurance intermediaries on behalf of the corporation, and all such
persons must be named in the application and any supplements to it.
(b) If the applicant for a reinsurance intermediary
license is a nonresident, the applicant, as a condition
precedent to receiving or holding a license, shall designate
the commissioner as agent for service of process in the
manner, and with the same legal effect, provided for by this
title for designation of service of process upon unauthorized
insurers, and also shall furnish the commissioner with the
name and address of a resident of this state upon whom
notices or orders of the commissioner or process affecting
the nonresident reinsurance intermediary may be served.
The licensee shall promptly notify the commissioner in writing of every change in its designated agent for service of
process, but the change does not become effective until
acknowledged by the commissioner.
(5) The commissioner may refuse to issue a reinsurance
intermediary license if, in his or her judgment, the applicant,
anyone named on the application, or a member, principal,
officer, or director of the applicant, is not trustworthy, or
that a controlling person of the applicant is not trustworthy
to act as a reinsurance intermediary, or that any of the
foregoing has given cause for revocation or suspension of
the license, or has failed to comply with a prerequisite for
the issuance of such license. Upon written request, the
commissioner will furnish a summary of the basis for refusal
to issue a license, which document is privileged and not
subject to chapter 42.17 RCW.
(6) Licensed attorneys at law of this state when acting
in their professional capacity as such are exempt from this
section. [1993 c 462 § 24.]
48.94.015 Written authorization required between
a reinsurance intermediary-broker and an insurer—
Minimum provisions. Brokers transactions between a
reinsurance intermediary-broker and the insurer it represents
in such capacity may be entered into only under a written
authorization, specifying the responsibilities of each party.
The authorization must, at a minimum, provide that:
(1) The insurer may terminate the reinsurance
intermediary-broker’s authority at any time.
(2) The reinsurance intermediary-broker shall render
accounts to the insurer accurately detailing all material
transactions, including information necessary to support all
commissions, charges, and other fees received by, or owing,
to the reinsurance intermediary-broker, and remit all funds
due to the insurer within thirty days of receipt.
(3) All funds collected for the insurer’s account must be
held by the reinsurance intermediary-broker in a fiduciary
(2002 Ed.)
Reinsurance Intermediary Act
capacity in a bank that is a qualified United States financial
institution as defined in this chapter.
(4) The reinsurance intermediary-broker will comply
with RCW 48.94.020.
(5) The reinsurance intermediary-broker will comply
with the written standards established by the insurer for the
cession or retrocession of all risks.
(6) The reinsurance intermediary-broker will disclose to
the insurer any relationship with any reinsurer to which
business will be ceded or retroceded. [1993 c 462 § 25.]
48.94.020 Accounts and records maintained by
reinsurance intermediary-broker—Access by insurer. (1)
For at least ten years after expiration of each contract of
reinsurance transacted by the reinsurance intermediarybroker, the reinsurance intermediary-broker shall keep a
complete record for each transaction showing:
(a) The type of contract, limits, underwriting restrictions,
classes, or risks and territory;
(b) Period of coverage, including effective and expiration dates, cancellation provisions, and notice required of
cancellation;
(c) Reporting and settlement requirements of balances;
(d) Rate used to compute the reinsurance premium;
(e) Names and addresses of assuming reinsurers;
(f) Rates of all reinsurance commissions, including the
commissions on any retrocessions handled by the reinsurance
intermediary-broker;
(g) Related correspondence and memoranda;
(h) Proof of placement;
(i) Details regarding retrocessions handled by the reinsurance intermediary-broker including the identity of
retrocessionaires and percentage of each contract assumed or
ceded;
(j) Financial records, including but not limited to,
premium and loss accounts; and
(k) When the reinsurance intermediary-broker procures
a reinsurance contract on behalf of a licensed ceding insurer:
(i) Directly from any assuming reinsurer, written
evidence that the assuming reinsurer has agreed to assume
the risk; or
(ii) If placed through a representative of the assuming
reinsurer, other than an employee, written evidence that the
reinsurer has delegated binding authority to the representative.
(2) The insurer has access and the right to copy and
audit all accounts and records maintained by the reinsurance
intermediary-broker related to its business in a form usable
by the insurer. [1993 c 462 § 26.]
48.94.025 Restrictions on insurer—Obtaining
services—Employees—Financial condition of reinsurance
intermediary. (1) An insurer may not engage the services
of a person, firm, association, or corporation to act as a
reinsurance intermediary-broker on its behalf unless the
person is licensed as required by RCW 48.94.010(1).
(2) An insurer may not employ an individual who is
employed by a reinsurance intermediary-broker with which
it transacts business, unless the reinsurance intermediarybroker is under common control with the insurer and subject
to the Insurer Holding Company Act, chapter 48.31B RCW.
(2002 Ed.)
48.94.015
(3) The insurer shall annually obtain a copy of statements of the financial condition of each reinsurance intermediary-broker with which it transacts business. [1993 c 462
§ 27.]
48.94.030 Contract required between a reinsurance
intermediary-manager and a reinsurer—Minimum
provisions. Transactions between a reinsurance intermediary-manager and the reinsurer it represents in such
capacity may be entered into only under a written contract,
specifying the responsibilities of each party, which shall be
approved by the reinsurer’s board of directors. At least
thirty days before the reinsurer assumes or cedes business
through the reinsurance intermediary-manager, a true copy
of the approved contract must be filed with the commissioner for approval. The contract must, at a minimum, provide
that:
(1) The reinsurer may terminate the contract for cause
upon written notice to the reinsurance intermediary-manager.
The reinsurer may immediately suspend the authority of the
reinsurance intermediary-manager to assume or cede business
during the pendency of a dispute regarding the cause for
termination.
(2) The reinsurance intermediary-manager shall render
accounts to the reinsurer accurately detailing all material
transactions, including information necessary to support all
commissions, charges, and other fees received by, or owing
to, the reinsurance intermediary-manager, and remit all funds
due under the contract to the reinsurer on not less than a
monthly basis.
(3) All funds collected for the reinsurer’s account must
be held by the reinsurance intermediary-manager in a
fiduciary capacity in a bank that is a qualified United States
financial institution. The reinsurance intermediary-manager
may retain no more than three months’ estimated claims
payments and allocated loss adjustment expenses. The
reinsurance intermediary-manager shall maintain a separate
bank account for each reinsurer that it represents.
(4) For at least ten years after expiration of each
contract of reinsurance transacted by the reinsurance intermediary-manager, the reinsurance intermediary-manager shall
keep a complete record for each transaction showing:
(a) The type of contract, limits, underwriting restrictions,
classes, or risks and territory;
(b) Period of coverage, including effective and expiration dates, cancellation provisions, and notice required of
cancellation, and disposition of outstanding reserves on
covered risks;
(c) Reporting and settlement requirements of balances;
(d) Rate used to compute the reinsurance premium;
(e) Names and addresses of reinsurers;
(f) Rates of all reinsurance commissions, including the
commissions on any retrocessions handled by the reinsurance
intermediary-manager;
(g) Related correspondence and memoranda;
(h) Proof of placement;
(i) Details regarding retrocessions handled by the reinsurance intermediary-manager, as permitted by RCW
48.94.040(4), including the identity of retrocessionaires and
percentage of each contract assumed or ceded;
[Title 48 RCW—page 369]
48.94.030
Title 48 RCW: Insurance
(j) Financial records, including but not limited to,
premium and loss accounts; and
(k) When the reinsurance intermediary-manager places
a reinsurance contract on behalf of a ceding insurer:
(i) Directly from an assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the
risk; or
(ii) If placed through a representative of the assuming
reinsurer, other than an employee, written evidence that the
reinsurer has delegated binding authority to the representative.
(5) The reinsurer has access and the right to copy all
accounts and records maintained by the reinsurance intermediary-manager related to its business in a form usable by the
reinsurer.
(6) The reinsurance intermediary-manager may not
assign the contract in whole or in part.
(7) The reinsurance intermediary-manager shall comply
with the written underwriting and rating standards established by the insurer for the acceptance, rejection, or cession
of all risks.
(8) The rates, terms, and purposes of commissions,
charges, and other fees that the reinsurance intermediarymanager may levy against the reinsurer are clearly specified.
(9) If the contract permits the reinsurance intermediarymanager to settle claims on behalf of the reinsurer:
(a) All claims will be reported to the reinsurer in a
timely manner;
(b) A copy of the claim file will be sent to the reinsurer
at its request or as soon as it becomes known that the claim:
(i) Has the potential to exceed the lesser of an amount
determined by the commissioner or the limit set by the
reinsurer;
(ii) Involves a coverage dispute;
(iii) May exceed the reinsurance intermediary-manager’s
claims settlement authority;
(iv) Is open for more than six months; or
(v) Is closed by payment of the lesser of an amount set
by the commissioner or an amount set by the reinsurer;
(c) All claim files are the joint property of the reinsurer
and reinsurance intermediary-manager. However, upon an
order of liquidation of the reinsurer, the files become the
sole property of the reinsurer or its estate; the reinsurance
intermediary-manager has reasonable access to and the right
to copy the files on a timely basis;
(d) Settlement authority granted to the reinsurance
intermediary-manager may be terminated for cause upon the
reinsurer’s written notice to the reinsurance intermediarymanager or upon the termination of the contract. The
reinsurer may suspend the settlement authority during the
pendency of a dispute regarding the cause of termination.
(10) If the contract provides for a sharing of interim
profits by the reinsurance intermediary-manager, such
interim profits will not be paid until one year after the end
of each underwriting period for property business and five
years after the end of each underwriting period for casualty
business, or a later period set by the commissioner for
specified lines of insurance, and not until the adequacy of
reserves on remaining claims has been verified under RCW
48.94.040(3).
(11) The reinsurance intermediary-manager shall
annually provide the reinsurer with a statement of its
[Title 48 RCW—page 370]
financial condition prepared by an independent certified
accountant.
(12) The reinsurer shall periodically, at least semiannually, conduct an on-site review of the underwriting and
claims processing operations of the reinsurance intermediarymanager.
(13) The reinsurance intermediary-manager shall
disclose to the reinsurer any relationship it has with an
insurer before ceding or assuming any business with the
insurer under this contract.
(14) Within the scope of its actual or apparent authority
the acts of the reinsurance intermediary-manager are deemed
to be the acts of the reinsurer on whose behalf it is acting.
[1993 c 462 § 28.]
48.94.035
Restrictions on reinsurance
intermediary-manager—Retrocessions—Syndicates—
Licenses—Employees. The reinsurance intermediarymanager may not:
(1) Cede retrocessions on behalf of the reinsurer, except
that the reinsurance intermediary-manager may cede facultative retrocessions under obligatory automatic agreements if
the contract with the reinsurer contains reinsurance underwriting guidelines for the retrocessions. The guidelines must
include a list of reinsurers with which the automatic agreements are in effect, and for each such reinsurer, the
coverages and amounts or percentages that may be reinsured,
and commission schedules.
(2) Commit the reinsurer to participate in reinsurance
syndicates.
(3) Appoint a reinsurance intermediary without assuring
that the reinsurance intermediary is lawfully licensed to
transact the type of reinsurance for which he or she is
appointed.
(4) Without prior approval of the reinsurer, pay or
commit the reinsurer to pay a claim, net of retrocessions,
that exceeds the lesser of an amount specified by the
reinsurer or one percent of the reinsurer’s policyholder’s
surplus as of December 31st of the last complete calendar
year.
(5) Collect a payment from a retrocessionaire or commit
the reinsurer to a claim settlement with a retrocessionaire,
without prior approval of the reinsurer. If prior approval is
given, a report must be promptly forwarded to the reinsurer.
(6) Jointly employ an individual who is employed by the
reinsurer unless the reinsurance intermediary-manager is
under common control with the reinsurer subject to the
Insurer Holding Company Act, chapter 48.31B RCW.
(7) Appoint a subreinsurance intermediary-manager.
[1993 c 462 § 29.]
48.94.040 Restrictions on reinsurer—Financial
condition of reinsurance intermediary-manager—Loss
reserves—Retrocessions—Termination of contract—
Board of directors. (1) A reinsurer may not engage the
services of a person, firm, association, or corporation to act
as a reinsurance intermediary-manager on its behalf unless
the person is licensed as required by RCW 48.94.010(2).
(2) The reinsurer shall annually obtain a copy of
statements of the financial condition of each reinsurance
intermediary-manager that the reinsurer has had prepared by
(2002 Ed.)
Reinsurance Intermediary Act
48.94.040
an independent certified accountant in a form acceptable to
the commissioner.
(3) If a reinsurance intermediary-manager establishes
loss reserves, the reinsurer shall annually obtain the opinion
of an actuary attesting to the adequacy of loss reserves
established for losses incurred and outstanding on business
produced by the reinsurance intermediary-manager. This
opinion is in addition to any other required loss reserve
certification.
(4) Binding authority for all retrocessional contracts or
participation in reinsurance syndicates must rest with an
officer of the reinsurer who is not affiliated with the reinsurance intermediary-manager.
(5) Within thirty days of termination of a contract with
a reinsurance intermediary-manager, the reinsurer shall
provide written notification of the termination to the commissioner.
(6) A reinsurer may not appoint to its board of directors
an officer, director, employee, controlling shareholder, or
subproducer of its reinsurance intermediary-manager. This
subsection does not apply to relationships governed by the
Insurer Holding Company Act, chapter 48.31B RCW, or, if
applicable, the Broker-controlled Property and Casualty
Insurer Act, chapter 48.97 RCW. [1993 c 462 § 30.]
48.94.900 Short title. This chapter may be known
and cited as the Reinsurance Intermediary Act. [1993 c 462
§ 22.]
48.94.045 Examination by commissioner. (1) A
reinsurance intermediary is subject to examination by the
commissioner. The commissioner has access to all books,
bank accounts, and records of the reinsurance intermediary
in a form usable to the commissioner.
(2) A reinsurance intermediary-manager may be examined as if it were the reinsurer. [1993 c 462 § 31.]
48.96.005 Purpose. The purpose of this chapter is to
protect the public and contract providers from losses arising
from the mismanagement of funds paid for motor vehicle
service contracts, to better inform the public of their rights
and obligations under the contracts, to permit purchasers of
such contracts the opportunity to return the contract for a
refund, and to require the liabilities owed under these
contracts to be fully insured, rather than partially insured, or
insured only in the event of provider default. [1990 c 239
§ 2.]
48.94.050 Violations of chapter—Penalties—Judicial
review. (1) A reinsurance intermediary, insurer, or reinsurer
found by the commissioner, after a hearing conducted in
accordance with chapters 48.17 and 34.05 RCW, to be in
violation of any provision of this chapter, shall:
(a) For each separate violation, pay a penalty in an
amount not exceeding five thousand dollars;
(b) Be subject to revocation or suspension of its license;
and
(c) If a violation was committed by the reinsurance
intermediary, make restitution to the insurer, reinsurer,
rehabilitator, or liquidator of the insurer or reinsurer for the
net losses incurred by the insurer or reinsurer attributable to
the violation.
(2) The decision, determination, or order of the commissioner under subsection (1) of this section is subject to
judicial review under this title and chapter 34.05 RCW.
(3) Nothing contained in this section affects the right of
the commissioner to impose any other penalties provided in
this title.
(4) Nothing contained in this chapter is intended to or
in any manner limits or restricts the rights of policyholders,
claimants, creditors, or other third parties or confer any
rights to those persons. [1993 c 462 § 32.]
48.94.055 Rule making. The commissioner may
adopt reasonable rules for the implementation and administration of this chapter. [1993 c 462 § 33.]
(2002 Ed.)
48.94.901 Severability—Implementation—1993 c
462. See RCW 48.31B.901 and 48.31B.902.
Chapter 48.96
MOTOR VEHICLE SERVICE CONTRACTS
(Formerly: Motor vehicle mechanical breakdown insurance)
Sections
48.96.005
48.96.010
48.96.020
48.96.025
48.96.030
48.96.040
48.96.045
48.96.047
48.96.050
48.96.060
48.96.900
48.96.901
Purpose.
Definitions.
Reimbursement policy required for sale of service contract.
Reimbursement policy—Insurer’s responsibility.
Reimbursement policy—Required provisions.
Service contract—Required statements.
Service contract—Notice to holder.
Service contract—Holder’s right to return.
Service contracts—Excluded parties.
Noncompliance as unfair competition, trade practice—
Remedies.
Application of chapter—Date.
Effective date—1990 c 239 §§ 2-10.
48.96.010 Definitions. (1) "Motor vehicle service
contract" or "service contract" means a contract or agreement
given for consideration over and above the lease or purchase
price of a motor vehicle that undertakes to perform or provide repair or replacement service, or indemnification for
that service, for the operational or structural failure of a
motor vehicle due to a defect in materials or skill of work or
normal wear and tear, but does not include mechanical
breakdown insurance.
(2) "Motor vehicle service contract provider" or "provider" means a person who issues, makes, provides, sells, or
offers to sell a motor vehicle service contract.
(3) "Mechanical breakdown insurance" means a policy,
contract, or agreement that undertakes to perform or provide
repair or replacement service, or indemnification for that
service, for the operational or structural failure of a motor
vehicle due to a defect in materials or skill of work or
normal wear and tear, and that is issued by an insurance
company authorized to do business in this state.
(4) "Motor vehicle service contract reimbursement
insurance policy" or "reimbursement insurance policy" means
a policy of insurance providing coverage for all obligations
and liabilities incurred by a motor vehicle service contract
provider under the terms of motor vehicle service contracts
issued by the provider.
[Title 48 RCW—page 371]
48.96.010
Title 48 RCW: Insurance
(5) "Motor vehicle" means any vehicle subject to
registration under chapter 46.16 RCW.
(6) "Service contract holder" means a person who
purchases a motor vehicle service contract. [1987 c 99 § 1.]
48.96.020 Reimbursement policy required for sale
of service contract. A motor vehicle service contract shall
not be issued, sold, or offered for sale in this state unless the
provider of the service contract is insured under a motor
vehicle service contract reimbursement insurance policy
issued by an insurer authorized to do business in this state.
[1987 c 99 § 2.]
48.96.025 Reimbursement policy—Insurer’s responsibility. (1) Every insurer issuing a reimbursement insurance
policy shall include, as a part of the policy, the motor
vehicle service contract(s) that the reimbursement insurance
policy is intended to cover. Notwithstanding RCW
48.18.100, subsequent changes to the motor vehicle service
contract(s) must be filed by the insurer with the commissioner no later than thirty days after the date of the change.
(2) Every insurer issuing a reimbursement insurance
policy must require that premiums due for coverage under
the policy be paid directly by the provider to the insurer or
its agent. [1990 c 239 § 3.]
48.96.030 Reimbursement policy—Required provisions. A motor vehicle service contract reimbursement
insurance policy shall not be issued, sold, or offered for sale
in this state unless the reimbursement insurance policy
conspicuously states that the issuer of the policy shall pay on
behalf of the provider all sums which the provider is legally
obligated to pay according to the provider’s contractual
obligations under the motor vehicle service contracts issued
or sold by the provider. [1990 c 239 § 6; 1987 c 99 § 3.]
48.96.040 Service contract—Required statements.
A motor vehicle service contract shall not be issued, sold, or
offered for sale in this state unless the contract conspicuously states that the obligations of the provider to the service
contract holder are guaranteed under the reimbursement
insurance policy, and unless the contract conspicuously states
the name and address of the issuer of the reimbursement
insurance policy, the applicable policy number, and the
means by which a service contract holder may file a claim
under the policy. [1990 c 239 § 7; 1987 c 99 § 4.]
48.96.045 Service contract—Notice to holder. A
motor vehicle service contract shall not be issued, sold, or
offered for sale in this state unless the contract contains a
conspicuous statement that has been initialed by the service
contract holder and discloses:
(1) Any material conditions that the service contract
holder must meet to maintain coverage under the contract
including, but not limited to any maintenance schedule to
which the service contract holder must adhere, any requirement placed on the service contract holder for documenting repair or maintenance work, and any procedure to
which the service contract holder must adhere for filing
claims;
(2) The work and parts covered by the contract;
[Title 48 RCW—page 372]
(3) Any time or mileage limitations;
(4) That the implied warranty of merchantability on the
motor vehicle is not waived if the contract has been purchased within ninety days of the purchase date of the motor
vehicle from a provider who also sold the motor vehicle
covered by the contract;
(5) Any exclusions of coverage; and
(6) The contract holder’s right to return the contract for
a refund, which right can be no more restrictive than
provided for in RCW 48.96.047. [1990 c 239 § 4.]
48.96.047 Service contract—Holder’s right to
return. (1) At a minimum, every provider shall permit the
service contract holder to return the contract within thirty
days of its purchase if no claim has been made under the
contract, and shall refund to the holder the full purchase
price of the contract unless the service contract holder
returns the contract ten or more days after its purchase, in
which case the provider may charge a cancellation fee not
exceeding twenty-five dollars. A ten percent penalty shall be
added to any refund that is not paid within thirty days of
return of the contract to the provider. If a contract holder
returns the contract within thirty days of its purchase or
within such longer time period as permitted under the
contract, the contract shall be void from the beginning and
the parties shall be in the same position as if no contract had
been issued.
(2) If a service contract holder returns the contract in
accordance with this section, the insurer issuing the reimbursement insurance policy covering the contract shall refund
to the provider the full premium paid by the provider for
coverage of the contract. [1990 c 239 § 5.]
48.96.050 Service contracts—Excluded parties.
RCW 48.96.020, 48.96.030, and 48.96.040 do not apply to
motor vehicle service contracts issued by a motor vehicle
manufacturer or import distributor covering vehicles manufactured or imported by the motor vehicle manufacturer or
import distributor. [1990 c 239 § 8; 1987 c 99 § 5.]
48.96.060 Noncompliance as unfair competition,
trade practice—Remedies. Failure to comply with the
provisions of this chapter is an unfair method of competition
and an unfair or deceptive act or practice in the conduct of
a trade or commerce, as specifically contemplated by RCW
19.86.020, and is a violation of the Consumer Protection
Act, chapter 19.86 RCW. Any service contract holder
injured as a result of a violation of a provision of this
chapter shall be entitled to maintain an action pursuant to
chapter 19.86 RCW against the motor vehicle service
contract provider and the insurer issuing the applicable motor
vehicle service contract reimbursement insurance policy and
shall be entitled to all of the rights and remedies afforded by
that chapter. Any successful claimant under this section
shall also be entitled to reasonable attorneys’ fees. [1990 c
239 § 9; 1987 c 99 § 6.]
48.96.900 Application of chapter—Date. This
chapter shall apply to all motor vehicle service contracts
issued, sold, or offered for sale on or after January 1, 1988.
[1987 c 99 § 7.]
(2002 Ed.)
Motor Vehicle Service Contracts
48.96.901 Effective date—1990 c 239 §§ 2-10.
Sections 2 through 10 of this act shall take effect January 1,
1991. [1990 c 239 § 11.]
Chapter 48.97
BROKER-CONTROLLED PROPERTY AND
CASUALTY INSURER ACT
Sections
48.97.005
48.97.010
48.97.015
48.97.020
48.97.025
48.97.900
48.97.901
Definitions.
Application.
Business placed with a controlled insurer—Application of
section—Exceptions—Written contract required—Audit
committee—Report to commissioner.
Relationship between broker and controlled insurer—
Broker’s duty to disclose—Subbrokers.
Broker’s failure to comply with chapter—Commissioner’s
power—Damages—Penalties.
Short title.
Severability—Implementation—1993 c 462.
48.97.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Accredited state" means a state in which the
insurance department or regulatory agency has qualified as
meeting the minimum financial regulatory standards promulgated and established from time to time by the National
Association of Insurance Commissioners.
(2) "Broker" means an insurance broker or brokers or
any other person, firm, association, or corporation, when, for
compensation, commission, or other thing of value, the
person, firm, association, or corporation acts or aids in any
manner in soliciting, negotiating, or procuring the making of
an insurance contract on behalf of an insured other than the
person, firm, association, or corporation.
(3) "Control" or "controlled by" has the meaning
ascribed in RCW 48.31B.005(2).
(4) "Controlled insurer" means a licensed insurer that is
controlled, directly or indirectly, by a broker.
(5) "Controlling producer" means a broker who, directly
or indirectly, controls an insurer.
(6) "Licensed insurer" or "insurer" means a person, firm,
association, or corporation licensed to transact property and
casualty insurance business in this state. The following,
among others, are not licensed insurers for purposes of this
chapter:
(a) Risk retention groups as defined in the Superfund
Amendments Reauthorization Act of 1986, P.L. 99-499, 100
Stat. 1613 (1986), the Risk Retention Act, 15 U.S.C. Sec.
3901 et seq. (1982 & Supp. 1986), and chapter 48.92 RCW;
(b) Residual market pools and joint underwriting
associations; and
(c) Captive insurers. For the purposes of this chapter,
captive insurers are insurance companies owned by another
organization, whose exclusive purpose is to insure risks of
the parent organization and affiliated companies or, in the
case of groups and associations, insurance organizations
owned by the insureds whose exclusive purpose is to insure
risks to member organizations or group members, or both,
and their affiliates. [1993 c 462 § 17.]
(2002 Ed.)
48.96.901
48.97.010 Application. This chapter applies to
licensed insurers either domiciled in this state or domiciled
in a state that is not an accredited state having in effect a
substantially similar law. All provisions of the Insurer Holding Company Act, chapter 48.31B RCW, or its successor act,
to the extent they are not superseded by this chapter,
continue to apply to all parties within the holding company
systems subject to this chapter. [1993 c 462 § 18.]
48.97.015 Business placed with a controlled insurer—Application of section—Exceptions—Written contract required—Audit committee—Report to commissioner. (1)(a) This section applies in a particular calendar year
if in that calendar year the aggregate amount of gross written
premium on business placed with a controlled insurer by a
controlling broker is equal to or greater than five percent of
the admitted assets of the controlled insurer, as reported in
the controlled insurer’s quarterly statement filed as of
September 30th of the prior year.
(b) Notwithstanding (a) of this subsection, this section
does not apply if:
(i) The controlling producer:
(A) Places insurance only with the controlled insurer; or
only with the controlled insurer and a member or members
of the controlled insurer’s holding company system, or the
controlled insurer’s parent, affiliate, or subsidiary and receives no compensation based upon the amount of premiums
written in connection with the insurance; and
(B) Accepts insurance placements only from nonaffiliated subbrokers, and not directly from insureds; and
(ii) The controlled insurer, except for business written
through a residual market facility such as the assigned risk
plan, fair plans, or other such plans, accepts insurance
business only from a controlling broker, a broker controlled
by the controlled insurer, or a broker that is a subsidiary of
the controlled insurer.
(2) A controlled insurer may not accept business from
a controlling broker and a controlling broker may not place
business with a controlled insurer unless there is a written
contract between the controlling broker and the insurer
specifying the responsibilities of each party, which contract
has been approved by the board of directors of the insurer
and contains the following minimum provisions:
(a) The controlled insurer may terminate the contract for
cause, upon written notice to the controlling broker. The
controlled insurer shall suspend the authority of the controlling broker to write business during the pendency of a
dispute regarding the cause for the termination;
(b) The controlling broker shall render accounts to the
controlling insurer detailing all material transactions, including information necessary to support all commissions,
charges, and other fees received by, or owing to, the
controlling broker;
(c) The controlling broker shall remit all funds due
under the terms of the contract to the controlling insurer on
at least a monthly basis. The due date must be fixed so that
premiums or installments collected are remitted no later than
ninety days after the effective date of a policy placed with
the controlling insurer under this contract;
(d) The controlling broker shall hold all funds collected
for the controlled insurer’s account in a fiduciary capacity,
[Title 48 RCW—page 373]
48.97.015
Title 48 RCW: Insurance
in one or more appropriately identified bank accounts in
banks that are members of the federal reserve system, in
accordance with the applicable provisions of this title.
However, funds of a controlling broker not required to be
licensed in this state must be maintained in compliance with
the requirements of the controlling broker’s domiciliary
jurisdiction;
(e) The controlling broker shall maintain separately
identifiable records of business written for the controlled
insurer;
(f) The contract shall not be assigned in whole or in part
by the controlling broker;
(g) The controlled insurer shall provide the controlling
broker with its underwriting standards, rules, and procedures,
manuals setting forth the rates to be charged, and the
conditions for the acceptance or rejection of risks. The
controlling broker shall adhere to the standards, rules, procedures, rates, and conditions that are the same as those
applicable to comparable business placed with the controlled
insurer by a broker other than the controlling broker;
(h) The rates of the controlling broker’s commissions,
charges, and other fees must be no greater than those
applicable to comparable business placed with the controlled
insurer by brokers other than controlling brokers. For
purposes of (g) and (h) of this subsection, examples of
comparable business include the same lines of insurance,
same kinds of insurance, same kinds of risks, similar policy
limits, and similar quality of business;
(i) If the contract provides that the controlling broker,
on insurance business placed with the insurer, is to be
compensated contingent upon the insurer’s profits on that
business, then the compensation shall not be determined and
paid until at least five years after the premiums on liability
insurance are earned and at least one year after the premiums
are earned on any other insurance. In no event may the
commissions be paid until the adequacy of the controlled
insurer’s reserves on remaining claims has been independently verified under subsection (3) of this section;
(j) The insurer may establish a different limit on the
controlling broker’s writings in relation to the controlled
insurer’s surplus and total writings for each line or subline
of business. The controlled insurer shall notify the controlling broker when the applicable limit is approached and may
not accept business from the controlling broker if the limit
is reached. The controlling broker may not place business
with the controlled insurer if it has been notified by the
controlled insurer that the limit has been reached; and
(k) The controlling broker may negotiate but may not
bind reinsurance on behalf of the controlled insurer on
business the controlling broker places with the controlled
insurer, except that the controlling broker may bind facultative reinsurance contracts under obligatory facultative
agreements if the contract with the controlled insurer
contains underwriting guidelines including, for both reinsurance assumed and ceded, a list of reinsurers with which the
automatic agreements are in effect, the coverages and
amounts of percentages that may be reinsured, and commission schedules.
(3) Every controlled insurer shall have an audit committee of the board of directors composed of independent
directors. The audit committee shall annually meet with
management, the insurer’s independent certified public
[Title 48 RCW—page 374]
accountants, and an independent casualty actuary or other
independent loss reserve specialist acceptable to the commissioner to review the adequacy of the insurer’s loss
reserves.
(4)(a) In addition to any other required loss reserve
certification, the controlled insurer shall, annually, on April
1st of each year, file with the commissioner an opinion of an
independent casualty actuary, or such other independent loss
reserve specialist acceptable to the commissioner, reporting
loss ratios for each line of business written and attesting to
the adequacy of loss reserves established for losses incurred
and outstanding as of year-end, including losses incurred but
not reported, on business placed by the broker; and
(b) The controlled insurer shall annually report to the
commissioner the amount of commissions paid to the
producer, the percentage that amount represents of the net
premiums written, and comparable amounts and percentages
paid to noncontrolling brokers for placements of the same
kinds of insurance. [1993 c 462 § 19.]
48.97.020 Relationship between broker and controlled insurer—Broker’s duty to disclose—Subbrokers.
The broker, before the effective date of the policy, shall
deliver written notice to the prospective insured disclosing
the relationship between the broker and the controlled
insurer, except that, if the business is placed through a
subbroker who is not a controlling broker, the controlling
broker shall retain in his or her records a signed commitment
from the subbroker that the subbroker is aware of the
relationship between the insurer and the broker and that the
subbroker has notified or will notify the insured. [1993 c
462 § 20.]
48.97.025 Broker’s failure to comply with chapter—
Commissioner’s power—Damages—Penalties. (1)(a) If
the commissioner believes that the controlling broker has not
materially complied with this chapter, or a rule adopted or
order issued under this chapter, the commissioner may after
notice and opportunity to be heard, order the controlling
broker to cease placing business with the controlled insurer;
and
(b) If it is found that because of material noncompliance
that the controlled insurer or any policyholder thereof has
suffered loss or damage, the commissioner may maintain a
civil action or intervene in an action brought by or on behalf
of the insurer or policyholder for recovery of compensatory
damages for the benefit of the insurer or policyholder or
other appropriate relief.
(2) If an order for liquidation or rehabilitation of the
controlled insurer has been entered under chapter 48.31
RCW, and the receiver appointed under that order believes
that the controlling broker or any other person has not
materially complied with this chapter, or a rule adopted or
order issued under this chapter, and the insurer suffered any
loss or damage from the noncompliance, the receiver may
maintain a civil action for recovery of damages or other
appropriate sanctions for the benefit of the insurer.
(3) Nothing contained in this section alters or affects the
right of the commissioner to impose other penalties provided
for in this title.
(2002 Ed.)
Broker-Controlled Property and Casualty Insurer Act
(4) Nothing contained in this section alters or affects the
rights of policyholders, claimants, creditors, or other third
parties. [1993 c 462 § 21.]
48.97.900 Short title. This chapter may be known
and cited as the Business Transacted with Broker-controlled
Property and Casualty Insurer Act. [1993 c 462 § 16.]
48.97.901 Severability—Implementation—1993 c
462. See RCW 48.31B.901 and 48.31B.902.
Chapter 48.98
MANAGING GENERAL AGENTS ACT
Sections
48.98.005
48.98.010
48.98.015
48.98.020
48.98.025
48.98.030
48.98.035
48.98.040
48.98.900
48.98.901
Definitions.
Requirements for managing general agent—License—
Bond—Errors and omissions policy.
Contract required between a managing general agent and an
insurer—Minimum provisions.
Requirements for insurer—Audit, loss reserves, and on-site
review of managing general agent—Notice to commissioner—Quarterly review of books and records—Board
of director.
Examinations—Acts of a managing general agent are acts of
the insurer.
Violations of chapter—Penalties—Judicial review.
Rule making.
Continued use of a managing general agent—Compliance
with chapter.
Short title.
Severability—Implementation—1993 c 462.
48.98.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Actuary" means a person who is a member in good
standing of the American Academy of Actuaries.
(2) "Insurer" means a person having a certificate of
authority in this state as an insurance company under RCW
48.01.050.
(3) "Managing general agent" means:
(a) A person who manages all or part of the insurance
business of an insurer, including the management of a
separate division, department, or underwriting office, and
acts as a representative of the insurer whether known as a
managing general agent, manager, or other similar term, and
who, with or without the authority, either separately or
together with affiliates, produces, directly or indirectly, and
underwrites an amount of gross direct written premium equal
to or more than five percent of the policyholder surplus as
reported in the last annual statement of the insurer in any
one quarter or year together with one or more of the following activities related to the business produced:
(i) Adjusts or pays claims in excess of an amount to be
determined by the commissioner; or
(ii) Negotiates reinsurance on behalf of the insurer.
(b) Notwithstanding (a) of this subsection, the following
persons may not be managing general agents for purposes of
this chapter:
(i) An employee of the insurer;
(ii) A United States manager of the United States branch
of an alien insurer;
(2002 Ed.)
48.97.025
(iii) An underwriting manager who, under a contract,
manages all of the insurance operations of the insurer, is
under common control with the insurer, subject to the
Insurer Holding Company Act, chapter 48.31B RCW, and
whose compensation is not based on the volume of premiums written; or
(iv) The attorney-in-fact authorized by and acting for the
subscribers of a reciprocal insurer or interinsurance exchange
under powers of attorney.
(4) "Underwrite" means to accept or reject risks on
behalf of the insurer. [1993 c 462 § 35.]
48.98.010 Requirements for managing general
agent—License—Bond—Errors and omissions policy. (1)
No person may act in the capacity of a managing general
agent with respect to risks located in this state, for an insurer
authorized by this state, unless that person is licensed in this
state as an agent, under chapter 48.17 RCW, for the lines of
insurance involved and is designated as a managing general
agent and appointed as such by the insurer.
(2) No person may act in the capacity of a managing
general agent representing an insurer domiciled in this state
with respect to risks located outside this state unless that
person is licensed as an agent in this state, under chapter
48.17 RCW, for the lines of insurance involved and is
designated as a managing general agent and appointed as
such by the insurer.
(3) The commissioner may require a bond for the
protection of each insurer.
(4) The commissioner may require the managing general
agent to maintain an errors and omissions policy. [1993 c
462 § 36.]
48.98.015 Contract required between a managing
general agent and an insurer—Minimum provisions. No
managing general agent may place business with an insurer
unless there is in force a written contract between the
managing general agent and the insurer that sets forth the
responsibilities of each party and, where both parties share
responsibility for a particular function, specifies the division
of the responsibilities, and that contains the following
minimum provisions:
(1) The insurer may terminate the contract for cause
upon written notice to the managing general agent. The
insurer may suspend the underwriting authority of the managing general agent during the pendency of a dispute
regarding the cause for termination.
(2) The managing general agent shall render accounts to
the insurer detailing all transactions and remit all funds due
under the contract to the insurer on not less than a monthly
basis.
(3) The managing general agent shall hold funds
collected for the account of an insurer in a fiduciary capacity
in a financial institution located in this state that is a member
of the federal reserve system. This account must be used for
all payments on behalf of the insurer. The managing general
agent may retain no more than three months’ estimated
claims payments and allocated loss adjustment expenses.
(4) The managing general agent shall maintain separate
records of business written for each insurer. The insurer has
access to and the right to copy all accounts and records
[Title 48 RCW—page 375]
48.98.015
Title 48 RCW: Insurance
related to its business in a form usable by the insurer, and
the commissioner has access to all books, bank accounts, and
records of the managing general agent in a form usable to
the commissioner. Those records shall be retained according
to the requirements of this title and rules adopted under it.
(5) The managing general agent may not assign the
contract in whole or part.
(6)(a) Appropriate underwriting guidelines must include
at least the following: The maximum annual premium
volume; the basis of the rates to be charged; the types of
risks that may be written; maximum limits of liability;
applicable exclusions; territorial limitations; policy
cancellation provisions; and the maximum policy period.
(b) The insurer has the right to cancel or not renew any
policy of insurance, subject to the applicable laws and rules,
including those in chapter 48.18 RCW.
(7) If the contract permits the managing general agent
to settle claims on behalf of the insurer:
(a) All claims must be reported to the insurer in a
timely manner.
(b) A copy of the claim file must be sent to the insurer
at its request or as soon as it becomes known that the claim:
(i) Has the potential to exceed an amount determined by
the commissioner, or exceeds the limit set by the insurer,
whichever is less;
(ii) Involves a coverage dispute;
(iii) May exceed the managing general agent’s claims
settlement authority;
(iv) Is open for more than six months; or
(v) Is closed by payment in excess of an amount set by
the commissioner or an amount set by the insurer, whichever
is less.
(c) All claim files are the joint property of the insurer
and the managing general agent. However, upon an order of
liquidation of the insurer, those files become the sole
property of the insurer or its liquidator or successor. The
managing general agent has reasonable access to and the
right to copy the files on a timely basis.
(d) Settlement authority granted to the managing general
agent may be terminated for cause upon the insurer’s written
notice to the managing general agent or upon the termination
of the contract. The insurer may suspend the managing
general agent’s settlement authority during the pendency of
a dispute regarding the cause for termination.
(8) Where electronic claims files are in existence, the
contract must address the timely transmission of the data.
(9) If the contract provides for a sharing of interim
profits by the managing general agent, and the managing
general agent has the authority to determine the amount of
the interim profits by establishing loss reserves or controlling
claim payments or in any other manner, interim profits shall
not be paid to the managing general agent until one year
after they are earned for property insurance business and five
years after they are earned on casualty business and not until
the profits have been verified under RCW 48.98.020.
(10) The managing general agent may not:
(a) Bind reinsurance or retrocessions on behalf of the
insurer, except that the managing general agent may bind
automatic reinsurance contracts under obligatory automatic
agreements if the contract with the insurer contains reinsurance underwriting guidelines including, for both reinsurance
assumed and ceded, a list of reinsurers with which the
[Title 48 RCW—page 376]
automatic agreements are in effect, the coverages and
amounts or percentages that may be reinsured, and commission schedules;
(b) Commit the insurer to participate in insurance or
reinsurance syndicates;
(c) Use an agent that is not appointed to represent the
insurer in accordance with the requirements of chapter 48.17
RCW;
(d) Without prior approval of the insurer, pay or commit
the insurer to pay a claim over a specified amount, net of
reinsurance, that shall not exceed one percent of the insurer’s
policyholder surplus as of December 31st of the last-completed calendar year;
(e) Collect a payment from a reinsurer or commit the
insurer to a claim settlement with a reinsurer, without prior
approval of the insurer. If prior approval is given, a report
shall be promptly forwarded to the insurer;
(f) Permit an agent appointed by it to serve on the
insurer’s board of directors;
(g) Jointly employ an individual who is employed by the
insurer; or
(h) Appoint a submanaging general agent. [1993 c 462
§ 37.]
48.98.020 Requirements for insurer—Audit, loss
reserves, and on-site review of managing general agent—
Notice to commissioner—Quarterly review of books and
records—Board of director. (1) The insurer shall have on
file an independent audited financial statement, in a form
acceptable to the commissioner, of each managing general
agent with which it is doing or has done business.
(2) If a managing general agent establishes loss reserves, the insurer shall annually obtain the opinion of an
actuary attesting to the adequacy of loss reserves established
for losses incurred and outstanding on business produced by
the managing general agent. This is in addition to any other
required loss reserve certification.
(3) The insurer shall periodically, and no less frequently
than semiannually, conduct an on-site review of the underwriting and claims processing operations of the managing
general agent.
(4) Binding authority for all reinsurance contracts or
participation in insurance or reinsurance syndicates must rest
with an officer of the insurer, who may not be affiliated with
the managing general agent.
(5) Within thirty days of entering into or terminating a
contract with a managing general agent, the insurer shall
provide written notification of that appointment or termination to the commissioner. Notices of appointment of a
managing general agent must include a statement of duties
that the managing general agent is expected to perform on
behalf of the insurer, the lines of insurance for which the
managing general agent is to be authorized to act, and any
other information the commissioner may request. This subsection applies to managing general agents operating in this
state.
(6) An insurer shall review its books and records each
calendar quarter to determine if any agent has become a
managing general agent. If the insurer determines that an
agent has become a managing general agent under RCW
48.98.005, the insurer shall promptly notify the agent and the
(2002 Ed.)
Managing General Agents Act
commissioner of that determination, and the insurer and
agent shall fully comply with this chapter within thirty days.
(7) An insurer may not appoint to its board of directors
an officer, director, employee, subagent, or controlling
shareholder of its managing general agents. This subsection
does not apply to relationships governed by the Insurer
Holding Company Act, chapter 48.31B RCW, or, if applicable, the business transacted with Broker-controlled Property
and Casualty Insurer Act, chapter 48.97 RCW. [1993 c 462
§ 38.]
48.98.025 Examinations—Acts of a managing
general agent are acts of the insurer. The acts of the
managing general agent are considered to be the acts of the
insurer on whose behalf it is acting. A managing general
agent may be examined as if it were the insurer, as provided
in chapter 48.03 RCW. [1993 c 462 § 39.]
48.98.030 Violations of chapter—Penalties—Judicial
review. (1) Subject to a hearing in accordance with chapters
34.05 and 48.04 RCW, upon a finding by the commissioner
that any person has violated any provision of this chapter,
the commissioner may order:
(a) For each separate violation, a penalty in an amount
of not more than one thousand dollars;
(b) Revocation, or suspension for up to one year, of the
agent’s license; and
(c) The managing general agent to reimburse the
insurer, the rehabilitator, or liquidator of the insurer for
losses incurred by the insurer caused by a violation of this
chapter committed by the managing general agent.
(2) The decision, determination, or order of the commissioner under this section is subject to judicial review under
chapters 34.05 and 48.04 RCW.
(3) Nothing contained in this section affects the right of
the commissioner to impose any other penalties provided for
in this title.
(4) Nothing contained in this chapter is intended to or
in any manner limits or restricts the rights of policyholders,
claimants, and auditors. [1993 c 462 § 40.]
48.98.035 Rule making. The commissioner may
adopt rules for the implementation and administration of this
chapter, that shall include but are not limited to licensure of
managing general agents. [1993 c 462 § 41.]
48.98.040 Continued use of a managing general
agent—Compliance with chapter. No insurer may continue to use the services of a managing general agent on and
after January 1, 1994, unless that use complies with this
chapter. [1993 c 462 § 42.]
48.98.900 Short title. This chapter may be known
and cited as the Managing General Agents Act. [1993 c 462
§ 34.]
48.98.901 Severability—Implementation—1993 c
462. See RCW 48.31B.901 and 48.31B.902.
(2002 Ed.)
48.98.020
Chapter 48.99
UNIFORM INSURERS LIQUIDATION ACT
Sections
48.99.010
48.99.020
48.99.030
48.99.040
48.99.050
48.99.060
48.99.070
48.99.080
48.99.900
Uniform Insurers Liquidation Act.
Delinquency proceedings—Domestic insurers.
Delinquency proceedings—Foreign insurers.
Claims of nonresidents against domestic insurer.
Claims of residence against foreign insurer.
Priority of certain claims.
Attachment, garnishment, execution stayed.
Severability—Uniformity of interpretation.
Severability—Implementation—1993 c 462.
48.99.010 Uniform Insurers Liquidation Act. This
chapter may be known and cited as the Uniform Insurers
Liquidation Act. For the purposes of this chapter:
(1) "Insurer" means any person, firm, corporation,
association, or aggregation of persons doing an insurance
business and subject to the insurance supervisory authority
of, or to liquidation, rehabilitation, reorganization, or
conservation by, the commissioner, or the equivalent
insurance supervisory official of another state.
(2) "Delinquency proceeding" means any proceeding
commenced against an insurer for the purpose of liquidating,
rehabilitating, reorganizing, or conserving such insurer.
(3) "State" means any state of the United States, and
also the District of Columbia and Puerto Rico.
(4) "Foreign country" means territory not in any state.
(5) "Domiciliary state" means the state in which an
insurer is incorporated or organized, or, in the case of an
insurer incorporated or organized in a foreign country, the
state in which such insurer, having become authorized to do
business in such state, has, at the commencement of delinquency proceedings, the largest amount of its assets held in
trust and assets held on deposit for the benefit of its policyholders or policyholders and creditors in the United States;
and any such insurer is deemed to be domiciled in such
state.
(6) "Ancillary state" means any state other than a
domiciliary state.
(7) "Reciprocal state" means any state other than this
state in which in substance and effect the provisions of this
chapter are in force, including the provisions requiring that
the insurance commissioner or equivalent insurance supervisory official be the receiver of a delinquent insurer.
(8) "General assets" means all property, real, personal,
or otherwise, not specifically mortgaged, pledged, deposited,
or otherwise encumbered for the security or benefit of
specified persons or a limited class or classes of persons, and
as to such specifically encumbered property the term includes all such property or its proceeds in excess of the
amount necessary to discharge the sum or sums secured
thereby. Assets held in trust and assets held on deposit for
the security or benefit of all policyholders, or all policyholders and creditors in the United States, shall be deemed
general assets.
(9) "Preferred claim" means any claim with respect to
which the law of a state or of the United States accords
priority of payment from the general assets of the insurer.
(10) "Special deposit claim" means any claim secured
by a deposit made pursuant to statute for the security or
[Title 48 RCW—page 377]
48.99.010
Title 48 RCW: Insurance
benefit of a limited class or classes of persons, but not
including any general assets.
(11) "Secured claim" means any claim secured by
mortgage, trust, deed, pledge, deposit as security, escrow, or
otherwise, but not including special deposit claims or claims
against general assets. The term also includes claims which
more than four months prior to the commencement of
delinquency proceedings in the state of the insurer’s domicile
have become liens upon specific assets by reason of judicial
process.
(12) "Receiver" means receiver, liquidator, rehabilitator,
or conservator as the context may require. [1993 c 462 §
78; 1961 c 194 § 12; 1947 c 79 § .31.11; Rem. Supp. 1947
§ 45.31.11. Formerly RCW 48.31.110.]
48.99.020 Delinquency proceedings—Domestic
insurers. (1) Whenever under the laws of this state a
receiver is to be appointed in delinquency proceedings for an
insurer domiciled in this state, the court shall appoint the
commissioner as such receiver. The court shall direct the
commissioner forthwith to take possession of the assets of
the insurer and to administer the same under the orders of
the court.
(2) As domiciliary receiver the commissioner shall be
vested by operation of law with the title to all of the
property, contracts, and rights of action, and all of the books
and records of the insurer wherever located, as of the date of
entry of the order directing him to rehabilitate or liquidate a
domestic insurer, or to liquidate the United States branch of
an alien insurer domiciled in this state, and he shall have the
right to recover the same and reduce the same to possession;
except that ancillary receivers in reciprocal states shall have,
as to assets located in their respective states, the rights and
powers which are hereinafter prescribed for ancillary
receivers appointed in this state as to assets located in this
state.
(3) The filing or recording of the order directing
possession to be taken, or a certified copy thereof, in the
office where instruments affecting title to property are
required to be filed or recorded shall impart the same notice
as would be imparted by a deed, bill of sale, or other evidence of title duly filed or recorded.
(4) The commissioner as domiciliary receiver shall be
responsible on his official bond for the proper administration
of all assets coming into his possession or control. The
court may at any time require an additional bond from him
or his deputies if deemed desirable for the protection of the
assets.
(5) Upon taking possession of the assets of an insurer
the domiciliary receiver shall, subject to the direction of the
court, immediately proceed to conduct the business of the
insurer or to take such steps as are authorized by the laws of
this state for the purpose of liquidating, rehabilitating, reorganizing, or conserving the affairs of the insurer.
(6) In connection with delinquency proceedings the
commissioner may appoint one or more special deputy
commissioners to act for him, and may employ such counsel,
clerks, and assistants as he deems necessary. The compensation of the special deputies, counsel, clerks, or assistants and
all expenses of taking possession of the insurer and of
conducting the proceedings shall be fixed by the receiver,
[Title 48 RCW—page 378]
subject to the approval of the court, and shall be paid out of
the funds or assets of the insurer. Within the limits of the
duties imposed upon them special deputies shall possess all
the powers given to, and, in the exercise of those powers,
shall be subject to all of the duties imposed upon the receiver with respect to such proceedings. [1947 c 79 § .31.12;
Rem. Supp. 1947 § 45.31.12. Formerly RCW 48.31.120.]
48.99.030 Delinquency proceedings—Foreign
insurers. (1) Whenever under the laws of this state an
ancillary receiver is to be appointed in delinquency proceedings for an insurer not domiciled in this state, the court
shall appoint the commissioner as ancillary receiver. The
commissioner shall file a petition requesting the appointment
(a) if he finds that there are sufficient assets of such insurer
located in this state to justify the appointment of an ancillary
receiver, or (b) if ten or more persons resident in this state
having claims against such insurer file a petition with the
commissioner requesting the appointment of such ancillary
receiver.
(2) The domiciliary receiver for the purpose of liquidating an insurer domiciled in a reciprocal state, shall be vested
by operation of law with the title to all of the property,
contracts, and rights of action, and all of the books and
records of the insurer located in this state, and he shall have
the immediate right to recover balances due from local
agents and to obtain possession of any books and records of
the insurer found in this state. He shall also be entitled to
recover the other assets of the insurer located in this state
except that upon the appointment of an ancillary receiver in
this state, the ancillary receiver shall during the ancillary
receivership proceedings have the sole right to recover such
other assets. The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special
deposit claims and secured claims which are proved and
allowed in the ancillary proceedings in this state, and shall
pay the necessary expenses of the proceedings. All remaining assets he shall promptly transfer to the domiciliary
receiver. Subject to the foregoing provisions the ancillary
receiver and his deputies shall have the same powers and be
subject to the same duties with respect to the administration
of such assets, as a receiver of an insurer domiciled in this
state.
(3) The domiciliary receiver of an insurer domiciled in
a reciprocal state may sue in this state to recover any assets
of such insurer to which he may be entitled under the laws
of this state. [1947 c 79 § .31.13; Rem. Supp. 1947 §
45.31.13. Formerly RCW 48.31.130]
48.99.040 Claims of nonresidents against domestic
insurer. (1) In a delinquency proceeding begun in this state
against an insurer domiciled in this state, claimants residing
in reciprocal states may file claims either with the ancillary
receivers, if any, in their respective states, or with the
domiciliary receiver. All such claims must be filed on or
before the last date fixed for the filing of claims in the
domiciliary delinquency proceedings.
(2) Controverted claims belonging to claimants residing
in reciprocal states may either (a) be proved in this state as
provided by law, or (b), if ancillary proceedings have been
commenced in such reciprocal states, may be proved in those
(2002 Ed.)
Uniform Insurers Liquidation Act
proceedings. In the event a claimant elects to prove his
claim in ancillary proceedings, if notice of the claim and
opportunity to appear and be heard is afforded the domiciliary receiver of this state as provided in *RCW 48.31.150
with respect to ancillary proceedings in this state, the final
allowance of such claim by the courts in the ancillary state
shall be accepted in this state as conclusive as to its amount,
and shall also be accepted as conclusive as to its priority, if
any, against special deposits or other security located within
the ancillary state. [1947 c 79 § .31.14; Rem. Supp. 1947 §
45.31.14. Formerly RCW 48.31.140.]
*Reviser’s note: RCW 48.31.150 was recodified as RCW 48.99.050
pursuant to 1993 c 462 § 81.
48.99.050 Claims of residents against foreign
insurer. (1) In a delinquency proceeding in a reciprocal
state against an insurer domiciled in that state, claimants
against such insurer, who reside within this state may file
claims either with the ancillary receiver, if any, appointed in
this state, or with the domiciliary receiver. All such claims
must be filed on or before the last date fixed for the filing of
claims in the domiciliary delinquency proceeding.
(2) Controverted claims belonging to claimants residing
in this state may either (a) be proved in the domiciliary state
as provided by the law of that state, or (b), if ancillary
proceedings have been commenced in this state, be proved
in those proceedings. In the event that any such claimant
elects to prove his claim in this state, he shall file his claim
with the ancillary receiver in the manner provided by the law
of this state for the proving of claims against insurers
domiciled in this state, and he shall give notice in writing to
the receiver in the domiciliary state, either by registered mail
or by personal service at least forty days prior to the date set
for hearing. The notice shall contain a concise statement of
the amount of the claim, the facts on which the claim is
based, and the priorities asserted, if any. If the domiciliary
receiver, within thirty days after the giving of such notice,
shall give notice in writing to the ancillary receiver and to
the claimant, either by registered mail or by personal service,
of his intention to contest such claim, he shall be entitled to
appear or to be represented in any proceeding in this state
involving the adjudication of the claim. The final allowance
of the claim by the courts of this state shall be accepted as
conclusive as to its amount, and shall also be accepted as
conclusive as to its priority, if any, against special deposits
or other security located within this state. [1947 c 79 §
.31.15; Rem. Supp. 1947 § 45.31.15. Formerly RCW
48.31.150.]
48.99.060 Priority of certain claims. (1) In a
delinquency proceeding against an insurer domiciled in this
state, claims owing to residents of ancillary states shall be
preferred claims if like claims are preferred under the laws
of this state. All such claims whether owing to residents or
nonresidents shall be given equal priority of payment from
general assets regardless of where such assets are located.
(2) In a delinquency proceeding against an insurer
domiciled in a reciprocal state, claims owing to residents of
this state shall be preferred if like claims are preferred by
the laws of that state.
(2002 Ed.)
48.99.040
(3) The owners of special deposit claims against an
insurer for which a receiver is appointed in this or any other
state shall be given priority against their several special
deposits in accordance with the provisions of the statutes
governing the creation and maintenance of such deposits. If
there is a deficiency in any such deposit so that the claims
secured thereby are not fully discharged therefrom, the
claimants may share in the general assets, but such sharing
shall be deferred until general creditors, and also claimants
against other special deposits who have received smaller
percentages from their respective special deposits, have been
paid percentages of their claims equal to the percentage paid
from the special deposit.
(4) The owner of a secured claim against an insurer for
which a receiver has been appointed in this or any other
state may surrender his security and file his claim as a
general creditor, or the claim may be discharged by resort to
the security, in which case the deficiency, if any, shall be
treated as a claim against the general assets of the insurer on
the same basis as claims of unsecured creditors. If the
amount of the deficiency has been adjudicated in ancillary
proceedings as provided in this chapter, or if it has been
adjudicated by a court of competent jurisdiction in proceedings in which the domiciliary receiver has had notice and
opportunity to be heard, such amount shall be conclusive;
otherwise the amount shall be determined in the delinquency
proceeding in the domiciliary state. [1993 c 462 § 79; 1947
c 79 § .31.16; Rem. Supp. 1947 § 45.31.16. Formerly RCW
48.31.160.]
48.99.070 Attachment, garnishment, execution
stayed. During the pendency of delinquency proceedings in
this or any reciprocal state no action or proceeding in the
nature of an attachment, garnishment, or execution shall be
commenced or maintained in the courts of this state against
the delinquent insurer or its assets. Any lien obtained by
any such action or proceeding within four months prior to
the commencement of any such delinquency proceeding or
at any time thereafter shall be void as against any rights
arising in such delinquency proceeding. [1947 c 79 § .31.17;
Rem. Supp. 1947 § 45.31.17. Formerly RCW 48.31.170.]
48.99.080 Severability—Uniformity of interpretation. (1) If any provision of this chapter or the application
thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or applications of
the chapter which can be given effect without the invalid
provision or application, and to this end the provisions of
this chapter are declared to be severable.
(2) This Uniform Insurers Liquidation Act shall be so
interpreted and construed as to effectuate its general purpose
to make uniform the law of those states that enact it. To the
extent that its provisions, when applicable, conflict with
provisions of chapter 48.31 RCW, the provisions of this
chapter shall control. [1993 c 462 § 80; 1947 c 79 § .31.18;
Rem. Supp. 1947 § 45.31.18. Formerly RCW 48.31.180.]
48.99.900 Severability—Implementation—1993 c
462. See RCW 48.31B.901 and 48.31B.902.
[Title 48 RCW—page 379]
Chapter 48.102
Title 48 RCW: Insurance
Chapter 48.102
VIATICAL SETTLEMENTS
Sections
48.102.005 Definitions.
48.102.010 License required for providers and brokers—Application—
Requirements—Fee—Rules.
48.102.015 Commissioner may suspend, revoke, or refuse to issue or
renew license—Information requirements—Hearing—
Fine.
48.102.020 Commissioner approval required for contract form, rate, fee,
commission, or other compensation charged—Finding
necessary for disapproval.
48.102.025 Licensee must file annual statement.
48.102.030 Examination of business and affairs of applicant or licensee—Production of information—Expenses—
Confidentiality of information—Recordkeeping requirements.
48.102.035 Requirement to provide information to the viator.
48.102.040 Requirement for provider to obtain information—Medical
information is confidential—Rescission rights—Time is
of the essence.
48.102.045 Must be licensed—Transfer to unlicensed entity is void—
Rights in policy restored to viator—Exceptions allowed
by rule.
48.102.050 Rules as necessary to implement chapter.
48.102.055 Consumer protection act applies—Civil action—Damages—
Costs—Attorneys’ fees.
48.102.900 Short title—1995 c 161.
48.102.901 Application of chapter 21.20 RCW—1995 c 161.
48.102.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Person" means the same as defined in RCW
48.01.070.
(2) "Viatical settlement broker" means an individual,
partnership, corporation, or other entity who or which for
another person, and for a fee, commission, or any other
valuable consideration, does any of the following things:
(a) Offers or advertises the availability of viatical settlements;
(b) Introduces viators to viatical settlement providers;
(c) Offers or attempts to negotiate viatical settlements
between a viator and one or more viatical settlement providers. However, "viatical settlement broker" does not mean an
attorney, accountant, or financial planner retained to represent the viator, whose fee or other compensation is not paid
by the viatical settlement provider.
(3) "Viatical settlement contract" means a written
agreement entered into between a viatical settlement provider
and a viator.
(4) "Viatical settlement provider" means any person that
enters into an agreement with a viator under the terms of
which the viatical settlement provider pays compensation or
anything of value, in return for the assignment, transfer, sale,
devise, or bequest of the death benefit or ownership of the
insurance policy or certificate of insurance to the viatical
settlement provider. "Viatical settlement provider" does not
mean the following:
(a) Any bank, savings bank, savings and loan association, credit union, or other licensed lending institution that
takes an assignment of a life insurance policy as collateral
for a loan; or
[Title 48 RCW—page 380]
(b) The issuer of a life insurance policy providing
accelerated benefits, as those are defined in WAC 284-23620(1).
(5) "Viator" means the owner of a life insurance policy,
or the holder of a certificate of insurance, insuring the life of
a person with a catastrophic or life-threatening illness or
condition, who enters into an agreement under which the
viatical settlement provider will pay compensation or
anything of value, which compensation or value is less than
the expected death benefit of the insurance policy or certificate of insurance, in return for the assignment, transfer, sale,
devise, or bequest of the death benefit or ownership of the
insurance policy or certificate of insurance to the viatical
settlement provider. [1995 c 161 § 1.]
48.102.010 License required for providers and
brokers—Application—Requirements—Fee—Rules. (1)
On or after July 23, 1995, an individual, partnership,
corporation, or other entity may not act as a viatical settlement provider or enter into or solicit a viatical settlement
contract in this state, or act as a viatical settlement broker,
without first obtaining a license from the commissioner.
(2) Application for a license for a viatical settlement
provider or viatical settlement broker shall be made on a
form prescribed by the commissioner, and the application
shall be accompanied by a fee as determined by the commissioner by rule.
(3) Licenses for viatical settlement providers or viatical
settlement brokers may be renewed from year to year on the
anniversary date or at another interval established by rule,
upon payment of the renewal fee and submission of forms of
information as determined by rule. Failure to pay the fee
within the time prescribed shall result in automatic revocation of the license.
(4) The applicant shall provide the information the
commissioner requires on forms prescribed by the commissioner.
(a) The applicant shall disclose the identity of all stockholders, partners, and corporate officers; its parent entities
and affiliates, and their stockholders, partners, and officers;
to the extent prescribed by the commissioner.
(b) The commissioner may refuse to issue or renew a
license if he or she is not satisfied that any officer, partner,
stockholder, or employee thereof, who may materially
influence the conduct of the applicant or licensee, meets the
standards required by the public interest.
(c) A license issued to a partnership, corporation, or
other entity authorizes all its partners, officers, and employees to act as viatical settlement providers under the license,
if they were identified in the application or application for
renewal.
(d) Any person who willfully misrepresents any fact
required to be disclosed in an application for a license to act
as either a viatical settlement provider or a viatical settlement broker shall be liable to penalties as provided by
applicable law.
(5) Upon the filing of an application and the payment of
the fee required by rule, the commissioner shall issue or
renew a license if the commissioner finds that the applicant:
(2002 Ed.)
Viatical Settlements
48.102.010
(a) Has provided a detailed and adequate plan of operation;
(b) Is competent and trustworthy and intends to act in
good faith in the business covered by the license for which
the applicant has applied;
(c) Has a good business reputation and has had experience, training, or education so as to be qualified in the
business covered by the license for which the applicant has
applied; and
(d) If a corporation, is incorporated under the laws of
this state, or is a foreign corporation authorized to transact
business in this state.
(6) The commissioner shall not issue or renew any
license unless the applicant has filed with the commissioner
a written irrevocable consent that any action against the
applicant may be commenced by the service of process upon
the commissioner. [1995 c 161 § 2.]
order levying the fine shall specify the period within which
the fine shall be fully paid, and that period shall not be less
than fifteen nor more than thirty days from the date of the
order. Upon failure to pay the fine when due, the commissioner may revoke the license if not already revoked, and the
fine may be recovered in a civil action brought in behalf of
the commissioner by the attorney general. Any fine so
collected shall be deposited into the general fund.
(5) If in the process of verifying fingerprints under
subsection (2) of this section, business records, or other
information the commissioner’s office incurs fees or charges
from another governmental agency or from a business firm,
the amount of the fees or charges shall be paid to the
commissioner’s office by the applicant or licensee. [2002 c
227 § 5; 1995 c 161 § 3.]
48.102.015 Commissioner may suspend, revoke, or
refuse to issue or renew license—Information requirements—Hearing—Fine. (1) The commissioner may
suspend, revoke, or refuse to issue or renew the license of
any viatical settlement broker or viatical settlement provider
if the commissioner finds that:
(a) There was any misrepresentation, intentional or
otherwise, in the application for the license or for renewal of
a license;
(b) The applicant for, or holder of any such license, is
or has been subject to a final administrative action for being,
or is otherwise shown to be, untrustworthy or incompetent
to act as either a viatical settlement broker or a viatical
settlement provider;
(c) The applicant for, or holder of any such license,
demonstrates a pattern of unreasonable payments to viators;
(d) The applicant for, or holder of any such license, has
been convicted of a felony or of any criminal misdemeanor
of which criminal fraud is an element; or
(e) The applicant for, or holder of any such license, has
violated any provision of this title.
(2) The commissioner may require an applicant or the
holder of any license issued under this chapter to supply
current information on the identity or capacity of stockholders, partners, officers, and employees, including but not
limited to the following: Fingerprints, personal history,
business experience, business records, and any other information which the commissioner may require. If required,
the applicant or licensee shall furnish his or her fingerprints
for submission to the Washington state patrol, the federal
bureau of investigation, and any governmental agency or
entity authorized to receive this information for a state and
national criminal history background check.
(3) Before the commissioner suspends or revokes any
license issued under this chapter, the commissioner shall
conduct a hearing, if the applicant or licensee requests this
in writing. The hearing shall be in accordance with chapters
34.05 and 48.04 RCW.
(4) After a hearing or with the consent of any party
licensed under this chapter and in addition to or in lieu of
the suspension, revocation, or refusal to renew any license
under this chapter, the commissioner may levy a fine upon
the viatical settlement provider in an amount not more than
ten thousand dollars, for each violation of this chapter. The
48.102.020 Commissioner approval required for
contract form, rate, fee, commission, or other compensation charged—Finding necessary for disapproval. After
a date established by rule, no viatical settlement provider or
viatical settlement broker may use any viatical settlement
contract or brokerage contract in this state unless the contract
form has been filed with and approved by the commissioner.
Any such contract filing is approved if it has not been
disapproved within sixty days after it is filed with the
commissioner. The rate, fee, commission, or other compensation charged must also be filed with the commissioner at
the same time the contract form is filed, and any changes
must be filed and approved before use. The commissioner
shall disapprove any such viatical settlement contract or
brokerage contract, or revoke previous approval, or rates, if
the commissioner makes either of the following alternative
findings:
(1) The benefits offered to the viator are unreasonable
in relation to the rate, fee, or other compensation that is
charged; or
(2) Any other provisions or terms of the contract are
unreasonable, contrary to the public interest, misleading, or
unfair to the viator. [1995 c 161 § 4.]
(2002 Ed.)
Effective date—2002 c 227: See note following RCW 48.06.040.
48.102.025 Licensee must file annual statement.
Each holder of any license issued under this chapter shall
file with the commissioner, on or before March 1 of each
year, an annual statement containing such information as the
commissioner may by rule require. [1995 c 161 § 5.]
48.102.030 Examination of business and affairs of
applicant or licensee—Production of information—
Expenses—Confidentiality of information—
Recordkeeping requirements. (1) The commissioner may
examine the business and affairs of any applicant for or
holder of any license issued under this chapter. The commissioner may require any applicant for or holder of any
such license to produce any records, books, files, and any
other writings or information reasonably necessary to
determine whether or not the applicant for or holder of any
such license is acting, or has acted, in violation of any laws,
or otherwise contrary to the interests of the public, or has
acted in a manner demonstrating incompetence or
untrustworthiness to hold any such license. The expenses in[Title 48 RCW—page 381]
48.102.030
Title 48 RCW: Insurance
curred in conducting any examination shall be paid by the
applicant for or holder of any such license.
(2) The names and individual identification data of all
viators are private and confidential information and shall not
be disclosed by the commissioner, except under court order.
(3) Records of all transactions of viatical settlement contracts and brokerage contracts, and an advertising file
containing the text of all advertising used and the dates and
media in which it was used, shall be maintained by each
holder of any license issued under this chapter. [1995 c 161
§ 6.]
48.102.035 Requirement to provide information to
the viator. A viatical settlement provider shall disclose, in
writing, the following information to the viator no later than
the date when the viatical settlement contract is signed by all
parties:
(1) Possible alternatives to viatical settlement contracts
for persons with catastrophic or life-threatening conditions.
These shall include, but not be limited to, any available
accelerated benefits on the life insurance policy;
(2) The fact that some or all of the proceeds of the
viatical settlement may be taxable, and that advice and
assistance should be sought from an attorney or tax professional;
(3) The fact that the proceeds of the viatical settlement
could be subject to the claims of creditors, and that advice
and assistance should be sought from an attorney;
(4) The fact that receiving the proceeds of the viatical
settlement might adversely affect the viator’s eligibility for
medicaid, or other public benefits or entitlements, and that
advice and assistance should be sought from an attorney;
(5) The right of the viator to rescind the contract on or
before the later of (a) thirty days after the date when it is
executed by all parties or (b) fifteen days after the receipt of
the proceeds of the viatical settlement contract; and
(6) The date by which the proceeds will be available to
the viator, and also the source of the proceeds. [1995 c 161
§ 7.]
48.102.040 Requirement for provider to obtain
information—Medical information is confidential—
Rescission rights—Time is of the essence. (1) A viatical
settlement provider entering into a viatical settlement
contract with a viator shall first obtain the following:
(a) A written and signed statement from an attending
medical doctor that in his or her professional opinion, the
viator is of sound mind and under no undue influence;
(b) A document witnessed by a person not employed by
or affiliated with the viatical settlement provider, in which
the viator consents to the viatical settlement contract,
acknowledges the catastrophic or life-threatening illness or
condition, and represents that he or she:
(i) Has a complete understanding of the viatical settlement contract;
(ii) Has a full and complete understanding of the life
insurance policy;
(iii) Releases his or her medical records for the limited
and express purpose of making the viatical settlement
agreement possible;
[Title 48 RCW—page 382]
(iv) Has either obtained advice or assistance from an
attorney or tax professional, or has had the opportunity to do
so; and
(v) Has entered into the viatical settlement contract
freely and voluntarily; and
(c) In those cases where the viator is not the insured
person, a written consent to the viatical settlement agreement
from the insured person or his or her legal representative.
(2) All medical information solicited or obtained by any
holder of a license issued under this chapter is subject to all
applicable laws governing confidentiality of medical information.
(3) All viatical settlement contracts entered into in this
state shall contain a provision no less favorable than that in
the event the viator exercises his or her right to rescind the
viatical settlement contract, any proceeds previously paid
shall be refunded no later than the earliest of (a) thirty days
of the date of rescission or (b) fifteen days of payment of
the proceeds.
(4) All viatical settlement contracts entered into in this
state shall contain a rescission clause no less favorable than
that the viator has the unconditional right to rescind the
contract on or before the later of (a) thirty days of the date
it is signed by all parties or (b) fifteen days of the receipt of
the proceeds of the viatical settlement agreement; subject to
refund of those proceeds as set forth in subsection (3) of this
section.
(5) Time is of the essence in delivery of the proceeds of
any viatical settlement contract by the date disclosed to the
viator.
(6) No viatical settlement contract entered into in this
state may contain any restrictions upon the use of the
proceeds of the contract.
(7) Any viatical settlement contract entered into in this
state shall establish the terms under which the viatical
settlement provider shall pay compensation or anything of
value, which compensation is less than the expected death
benefit of the insurance policy or certificate of insurance, in
return for the assignment, transfer, sale, devise, or bequest
of the death benefit or ownership of the insurance policy or
certificate to the viatical settlement provider. [1995 c 161 §
8.]
48.102.045 Must be licensed—Transfer to unlicensed entity is void—Rights in policy restored to
viator—Exceptions allowed by rule. (1) A viatical
settlement provider shall not directly or indirectly assign,
transfer, sell, resell, or transfer by gift or bequest, or
otherwise convey any insurance policy that is or has been
the subject of a viatical settlement agreement, to any person,
custodian, investor, investor group, or other entity that does
not hold a Washington license as a viatical settlement
provider, issued by the commissioner.
(2) Any attempted transfer to any person, custodian,
investor, investor group, or other entity not holding such a
license is void, and all rights in the insurance policy are
restored to the viator as of the date of the purported transfer,
except that the viator is not required to return the proceeds
of the original viatical settlement agreement to the viatical
settlement provider. The commissioner may allow exceptions to this subsection, by rule. [1995 c 161 § 9.]
(2002 Ed.)
Viatical Settlements
48.102.050 Rules as necessary to implement chapter. The commissioner may adopt rules as necessary to
implement this chapter. This includes, but is not limited to,
the adoption of rules regarding minimum capital requirements for viatical settlement providers, training and examination requirements for viatical settlement brokers, requiring a
prospective viator to contact his or her life insurer regarding
possible accelerated benefits before entering into a viatical
settlement agreement, licensing and examination requirements for applicants for a license as a viatical settlement
broker, when benefits are or are not reasonable in relation to
the rate fee, or other compensation, and bond requirements
for either or both viatical settlement providers or viatical
settlement brokers. [1995 c 161 § 10.]
48.102.055 Consumer protection act applies—Civil
action—Damages—Costs—Attorneys’ fees. (1) The
legislature finds that the subject of viatical settlements is of
vital importance to the public interest for the purpose of
applying the consumer protection act, chapter 19.86 RCW.
Violations of this chapter are not reasonable in relation to
the development and preservation of business. A violation
of this chapter is an unfair or deceptive act in trade or commerce. It is also an unfair method of competition for the
purpose of applying the consumer protection act, chapter
19.86 RCW.
(2) Any person who is injured by a violation of this
chapter may bring a civil action against a viatical settlement
provider in superior court to recover his or her actual
damages. The court may increase the award of damages to
an amount not more than three times the actual damages
sustained, and in addition the court may award costs and
attorneys’ fees to the injured person. [1995 c 161 § 11.]
48.102.900 Short title—1995 c 161. This act may be
known and cited as the viatical settlements act. [1995 c 161
§ 12.]
48.102.901 Application of chapter 21.20 RCW—
1995 c 161. The provisions of this chapter do not affect the
application of chapter 21.20 RCW. [1995 c 161 § 13.]
Chapter 48.104
HOLOCAUST VICTIMS INSURANCE RELIEF ACT
Sections
48.104.010
48.104.020
48.104.030
48.104.040
48.104.050
48.104.060
48.104.070
48.104.080
48.104.090
48.104.100
48.104.110
48.104.120
48.104.130
(2002 Ed.)
Historical context—Policy declarations—Intent.
Findings.
Definitions.
Holocaust survivor assistance office.
Holocaust insurance company registry—Authority—
Availability of information.
Holocaust insurance company registry—Operations—
Penalties—Funding.
Penalties.
Suspension of certificate of authority for failure to comply
with chapter.
Cooperation with international commission—Application of
chapter.
Private rights of action preserved—Venue.
Extension of statute of limitations.
Adoption of rules.
Annual report to legislature.
48.104.900
48.104.901
48.104.902
48.104.903
48.102.050
Short title—1999 c 8.
Captions not law—1999 c 8.
Severability—1999 c 8.
Expiration date—1999 c 8.
48.104.010 Historical context—Policy declarations—
Intent. (Expires December 31, 2010.) (1) The legislature
recognizes the existence of allegations that certain insurers
doing business in the state of Washington, either directly or
through related companies and affiliates, have failed to honor
insurance policies issued during the World War II era.
Although such policies were issued outside of the state of
Washington, Washington has a clear obligation to seek
justice for its citizens and residents.
(2) The legislature recognizes that allegations regarding
a failure to pay legitimate insurance claims threaten the
integrity of the insurance market. The basic commodity that
insurers sell is trust. Policyholders pay substantial sums to
insurers trusting that at a future date, perhaps decades later,
the insurer will protect them and their loved ones. An
insurer that violates this trust should not be authorized to do
business in this state or own or control insurers doing
business in this state, lest the integrity of this state’s insurance market be compromised.
(3) The legislature recognizes that hundreds of Holocaust survivors and heirs of Holocaust victims are citizens or
residents of the state of Washington. The legislature is
concerned by allegations that citizens or residents of the state
of Washington may have been deprived of their contractual
entitlement to benefits under insurance policies issued by
insurance companies operating in Europe prior to and during
World War II. The state of Washington has a public policy
interest in assuring that all of its citizens and residents,
including Holocaust survivors, their families, and the heirs
of Holocaust victims, who are entitled to proceeds of
insurance policies are treated reasonably and fairly and that
any contractual obligations are honored.
(4) The legislature recognizes that the business of
insurance is one affected by the public interest, requiring that
all persons conducting it be actuated by good faith, abstain
from deception, and practice honesty and equity in all
insurance matters. The insurance commissioner is currently
authorized to refuse, suspend, or revoke the certificate of
authority of insurers that are affiliated directly or indirectly
through ownership, control, reinsurance or other insurance or
business relations with any person, persons, or entities whose
business operations are or have been marked, to the detriment of policyholders or the public, or by bad faith. The
insurance commissioner is also currently authorized to
provide assistance to members of the public in resolving
complaints involving insurers. It is the intent of the legislature to provide additional resources to the insurance commissioner to implement this authority, to authorize the insurance
commissioner to cooperate with other state regulators with
regard to such policies, and to authorize the insurance
commissioner to cooperate with and act through the international commission concerning World War II era policies
established under the efforts of the national association of
insurance commissioners. [1999 c 8 § 1.]
48.104.020 Findings. (Expires December 31, 2010.)
The legislature finds the following:
[Title 48 RCW—page 383]
48.104.020
Title 48 RCW: Insurance
(1) In addition to the many atrocities that befell the
victims of the Nazi regime, in many cases insurance policy
proceeds were not paid to the victims and their families.
(2) In many instances, insurance company records are
the only proof of insurance policies held. In some cases,
recollection of those policies’ very existence may have
perished along with the Holocaust victims.
(3) Several hundred Holocaust survivors and their
families, or the heirs of Holocaust victims live in Washington today.
(4) Insurance companies doing business in the state of
Washington have a responsibility to ensure that any involvement they or their related companies had with insurance
policies of Holocaust victims are disclosed to the state to ensure the rapid payment to victims and their survivors of any
proceeds to which they may be entitled.
(5) There has been established an international commission to investigate and facilitate the payment of insurance
policies to victims of the Holocaust and their survivors. It
is in the best interest of the people of the state of Washington to authorize the insurance commissioner to cooperate
with and coordinate his or her activities with the international commission.
(6) Other states are establishing Holocaust survivor
assistance offices and registries of insurance policies and
Holocaust victims in order to identify policyholders and their
survivors to whom policy proceeds may be payable. It is in
the best interest of the people of the state of Washington to
authorize the insurance commissioner to cooperate with and
coordinate his or her activities with those other states.
(7) In addition to unpaid insurance policies, Holocaust
victims lost unknown billions of dollars of assets seized by
Nazi Germany and its allies and collaborators in Germany
and Nazi-occupied Europe between 1933 and 1945. [1999
c 8 § 2.]
48.104.030 Definitions. (Expires December 31,
2010.) The definitions in this section apply throughout this
chapter unless the context clearly requires otherwise.
(1) "Holocaust survivor" or "Holocaust victim" means
any person who was persecuted, imprisoned or liable to
imprisonment, or had property taken or confiscated during
the period of 1933 to 1945, inclusive, by Nazi Germany, its
allies, or sympathizers based on that person’s race, religion,
ethnicity, physical or mental disability, sexual orientation, or
similar class or group-based animus.
(2) "Related company" means any parent, subsidiary,
successor in interest, managing general agent, or other
person or company affiliated directly or indirectly through
ownership, control, common ownership or control, or other
business or insurance relationship with another company or
insurer.
(3) "Insurer" means an entity holding a certificate of
authority or license to conduct the business of insurance in
this state, or whose contacts with this state satisfy the
constitutional requirements for jurisdiction, that sold life,
property, liability, health, annuities, dowry, educational,
casualty, or any other insurance covering persons or property
to persons in Europe at any time before 1945, whether
directly or through or as [a] result of sales by a related
company, or is itself a related company to any person, entity,
[Title 48 RCW—page 384]
or insurance company that sold such policies, whether the
sale of the insurance occurred before or after becoming
related.
(4) "Proceeds" means the face or other payout value of
policies and annuities plus reasonable interest to date of
payments without diminution for wartime or immediate
postwar currency devaluation legally due under any insurance policy issued by an insurer or any related company.
(5) "International commission" means the international
commission on Holocaust era insurance claims, referenced
in and established under a memorandum of understanding
originally dated April 8, 1998, between and among the
insurance commissioner, various other state insurance
regulators, various alien insurance companies, and worldwide Jewish groups, which commission held its first meeting
in New York on October 21, 1998, and any successor.
(6) "Other assets" means the proceeds of bank accounts,
gold, art, houses, businesses, other real estate properties or
land, or the contents of homes, businesses, or other real
estate properties of Holocaust survivors or victims. [1999 c
8 § 3.]
48.104.040 Holocaust survivor assistance office.
(Expires December 31, 2010.) (1) To assist Holocaust
victims, their heirs, or their beneficiaries to recover proceeds
from insurance policies that were improperly denied or
processed, or from other assets, or both, the insurance
commissioner may establish a Holocaust survivor assistance
office.
(2) The insurance commissioner may appoint or deputize personnel to be engaged or employed by the Holocaust
survivor assistance office and utilize insurance department
personnel to resolve or settle claims of Holocaust victims.
The insurance commissioner may also engage outside
auditors or other qualified personnel to assist in the investigation of claims made by Holocaust victims, their heirs, or
their beneficiaries.
(3) The insurance commissioner may cooperate and
exchange information with other states establishing similar
Holocaust survivor assistance offices and with the international commission, and may enter into agreements whereby
a single processing office may be established on behalf of,
and to provide services to the residents of, several states.
[1999 c 8 § 4.]
48.104.050 Holocaust insurance company registry—
Authority—Availability of information. (Expires December 31, 2010.) (1) To facilitate the work of the Holocaust
survivor assistance office, the insurance commissioner may
establish and maintain a central registry containing records
and information relating to insurance policies, as described
in RCW 48.104.060, of victims, living and deceased, of the
Holocaust. The registry shall be known as the Holocaust
insurance company registry. The insurance commissioner
shall establish standards and procedures to make the information in the registry available to the public to the extent
necessary and appropriate to determine the existence of
insurance policies and to identify beneficiaries, successors in
interest, or other persons entitled to the proceeds of such
policies, and to enable such persons to claim proceeds to
which they may be entitled, while protecting the privacy of
(2002 Ed.)
Holocaust Victims Insurance Relief Act
policyholders, their survivors, and their family members. All
information received by the Holocaust insurance company
registry or Holocaust survivor assistance office from any
insurer, related company, or foreign government or regulator
shall be considered and deemed to be matters and information relating to an examination and part of an examination
report that the insurance commissioner may treat as confidential and withhold from public inspection under RCW
48.03.040(6)(c) and 48.03.050. To the extent necessary and
appropriate to secure access to documents and information
located in or subject to the jurisdiction of other states and
countries, the insurance commissioner is authorized to enter
into agreements or to provide assurances that any or all
documents and information received from an entity regulated
by or subject to the laws of such other state or country, or
received from any agency of the government of any such
state or country, will be treated as confidential by the
insurance commissioner and will not be disclosed to any
person except with the approval of the appropriate authority
of such state or country or except as permitted or authorized
by the laws of such state or country, and any such agreement
shall be binding and enforceable notwithstanding chapter
42.17 RCW. To the extent necessary and appropriate to
secure access to documents and information from or in the
possession of the international commission as to which the
international commission has given assurances of confidentiality or privacy, the insurance commissioner is authorized to
enter into agreements or to provide assurances that any or all
such documents and information will be treated as confidential by the insurance commissioner and will not be
disclosed to any person except with the approval of the
international commission or as permitted by any agreement
or assurances given by the international commission, and any
such agreement shall be binding and enforceable notwithstanding chapter 42.17 RCW.
(2) The insurance commissioner may cooperate and
exchange information with other states establishing similar
registries and with the international commission, and may
enter into agreements whereby a single registry may be
established on behalf of, and to provide services to the
citizens and residents of, several states. [1999 c 8 § 5.]
48.104.060 Holocaust insurance company registry—
Operations—Penalties—Funding. (Expires December 31,
2010.) (1) Any insurer that sold life, property, liability,
health, annuities, dowry, educational, or casualty insurance
policies, to persons in Europe, that were in effect any time
between 1933 and 1945, regardless of when the policy was
initially purchased or written, shall within ninety days
following July 25, 1999, or such later date as the insurance
commissioner may establish, file or cause to be filed the
following information with the insurance commissioner to be
entered into the Holocaust insurance company registry:
(a) A list of such insurance policies;
(b) The insureds, beneficiaries, and face amounts of
such policies;
(c) A comparison of the names and other available
identifying information of insureds and beneficiaries of such
policies and the names and other identifying information of
the victims of the Holocaust. The names and other identifying information of victims of the Holocaust shall be
(2002 Ed.)
48.104.050
provided by the office of the insurance commissioner and
may be obtained from the United States Holocaust museum
and the Yad Vashem repository in Israel, or other sources;
(d) For each such policy, whichever of the following
that may apply:
(i) That the proceeds of the policy have been paid to the
designated beneficiaries or their heirs where that person or
persons, after diligent search, could be located and identified;
(ii) That the proceeds of the policies where the beneficiaries or heirs could not, after diligent search, be located or
identified, have been distributed to Holocaust survivors or to
qualified charitable nonprofit organizations for the purpose
of assisting Holocaust survivors;
(iii) That a court of law has certified in a legal proceeding resolving the rights of unpaid policyholders, their heirs,
and beneficiaries, a plan for the distribution of the proceeds;
(iv) That the proceeds have not been distributed and the
amount of those proceeds.
(2) The destruction of any records or other materials
pertaining to such policies shall be a class C felony according to chapter 9A.20 RCW. Evidence of the destruction of
such material shall be admissible in both administrative and
judicial proceedings as evidence in support of any claim
being made against the insurer involving the destroyed
material.
(3) An insurer currently doing business in the state that
did not sell any insurance policies in Europe prior to 1945
except through or as a result of sales by a related company
shall not be subject to this section if a related company,
whether or not authorized and currently doing business in the
state, has made a filing with the insurance commissioner
under this section.
(4) The insurance commissioner may fund the costs of
operating both the Holocaust survivor assistance office and
the Holocaust claims registry by assessments upon those
insurers providing information to the Holocaust insurance
company registry. The insurance commissioner shall
establish standards and procedures to fairly allocate the costs
of the Holocaust insurance company registry and Holocaust
survivor assistance office among such insurers. The insurance commissioner is expressly authorized to allocate such
costs based on the number of policies reported or, based on
the total monetary amount of the policies as determined by
their face amounts without regard to inflation, interest, or
depreciation.
(5) The insurance commissioner is authorized to conduct
investigations and examinations of insurers for the purpose
of determining compliance with this chapter, verifying the
accuracy and completeness of any and all information furnished to the Holocaust insurance company registry and the
Holocaust survivor assistance office, and developing and
securing such additional information as may be necessary or
appropriate to determine those entitled to payment under any
policy and the proceeds to which such person may be
entitled, if any. Any such investigation shall be considered
to be an examination under chapter 48.03 RCW. The costs
of any such examination will be borne by the insurer
investigated, or the insurer to whom the related company is
related, pursuant to RCW 48.03.060(2). Examinations may
be conducted in this state, or in the state or country of
residence of the insurer or related company, or at such other
[Title 48 RCW—page 385]
48.104.060
Title 48 RCW: Insurance
place or country where the records to be examined may be
located.
(6) The insurance commissioner may permit the Holocaust insurance company registry or the Holocaust survivor
assistance office or both to accept information and to assist
claimants with regard to the location and recovery of
property or assets taken or confiscated from Holocaust
victims other than insurance policies if the insurance
commissioner finds that doing so would not adversely affect
the operations of the registry or Holocaust survivor assistance office with regard to insurance policies. However, all
costs and expenses, including that of personnel, attributable
to such noninsurance assets shall be separately accounted for
and shall not be assessed against insurers under subsections
(4) and (5) of this section and shall not be paid from the
general funds of the office of the insurance commissioner,
but shall be paid solely from contributions or donations
received for that purpose.
(a) The insurance commissioner may accept contributions from any other person wishing to fund the operations
of the Holocaust survivor assistance office or the Holocaust
insurance company registry to facilitate the resolution of
claims involving Holocaust victims.
(b) The insurance commissioner is authorized to assist
in the creation of an entity to accept tax deductible contributions to support activities conducted by the Holocaust
survivor assistance office and the Holocaust insurance
company registry.
(c) The insurance commissioner, through the Holocaust
survivor assistance office, is authorized, with the consent of
the parties, to act as mediator of any dispute involving the
claim of a Holocaust victim or his or her heirs or beneficiaries arising from an occurrence during the period
between January 1, 1933, and December 31, 1945.
(7) The insurance commissioner is authorized to
cooperate with and exchange information with other states
with similar Holocaust insurance company registries or Holocaust survivor assistance offices, with the national association of insurance commissioners, with foreign countries and
with the international commission. The insurance commissioner is authorized to enter into agreements to handle the
processing of claims and registry functions of other states,
and to have other states handle all or part of the registry and
claims processing functions for this state, as the insurance
commissioner may determine to be appropriate. The
insurance commissioner is authorized to enter into agreements with other states and the international commission to
treat and consider information submitted to them as submitted to this state for [the] purpose of complying with this
chapter. As part of any such agreement, the insurance
commissioner may agree to reimburse any other state for
expenses or costs incurred and such reimbursement shall be
recovered by the insurance commissioner as an expense of
operating the Holocaust insurance company registry and
Holocaust survivor assistance office under subsections (4)
and (5) of this section, and to accept reimbursement from
any other state for services with regard to residents of such
other state.
(8) A finding by the insurance commissioner that a
claim subject to the provisions of this section should be paid
shall be regarded by any court as highly persuasive evidence
that such claim should be paid. [1999 c 8 § 6.]
[Title 48 RCW—page 386]
48.104.070 Penalties. (Expires December 31, 2010.)
Any insurer that knowingly files information required by this
chapter that is false shall be liable for a civil penalty not to
exceed ten thousand dollars for each violation. [1999 c 8 §
7.]
48.104.080 Suspension of certificate of authority for
failure to comply with chapter. (Expires December 31,
2010.) The insurance commissioner is authorized to suspend
the certificate of authority to conduct insurance business in
the state of Washington of any insurer that fails to comply
with the requirements of this chapter by or after one hundred
twenty days after July 25, 1999, until the time that the
insurer complies with this chapter. Such suspension shall
not affect or relieve the insurer from its obligations to
service its existing insureds, and shall not permit the insurer
to terminate its existing insureds, except pursuant to the
terms of the insurance contract, but shall prohibit the insurer
from writing new business in this state until the suspension
is lifted by the insurance commissioner. [1999 c 8 § 8.]
48.104.090 Cooperation with international commission—Application of chapter. (Expires December 31,
2010.) The insurance commissioner may suspend the application of this chapter to any insurer that is participating in
the international commission process in good faith and is
working through the international commission to resolve all
outstanding claims with offers of fair settlements in a
reasonable time frame. If, however, the international
commission fails to establish a mechanism to accomplish
identification, adjudication, and payment of insurance policy
claims of Holocaust survivors or victims within a reasonable
time, then all provisions of this chapter shall come into
effect as to any such insurer. For purposes of this section,
a reasonable time shall mean by January 1, 2000, or such
later date as the insurance commissioner may establish by
rule. [1999 c 8 § 9.]
48.104.100 Private rights of action preserved—
Venue. (Expires December 31, 2010.) Any Holocaust
survivor, or heir or beneficiary of a Holocaust survivor or
victim, who resides in this state and has a claim against an
insurer arising out of an insurance policy or policies purchased or in effect in Europe before 1945 from that insurer
may bring a legal action against that insurer to recover on
that claim in the superior court of the county in which any
plaintiff resides, which court shall be vested with jurisdiction
over that action. [1999 c 8 § 10.]
48.104.110 Extension of statute of limitations.
(Expires December 31, 2010.) Any action brought by a
Holocaust survivor or the heir or beneficiary of a Holocaust
survivor or victim, seeking proceeds of the insurance policies
issued or in effect before 1945 shall not be dismissed for
failure to comply with the applicable statute of limitations,
provided the action is commenced on or before December
31, 2010. [1999 c 8 § 11.]
(2002 Ed.)
Holocaust Victims Insurance Relief Act
48.104.120 Adoption of rules. (Expires December
31, 2010.) The insurance commissioner may adopt rules to
implement this chapter. [1999 c 8 § 12.]
48.104.130 Annual report to legislature. (Expires
December 31, 2010.) The insurance commissioner shall
report to the legislature one year from July 25, 1999, and
annually thereafter on the implementation of this law and
resolution of Holocaust claims. [1999 c 8 § 13.]
48.104.900 Short title—1999 c 8. (Expires December 31, 2010.) This chapter shall be known and cited as the
Holocaust victim insurance relief act of 1999. [1999 c 8 §
14.]
48.104.901 Captions not law—1999 c 8. (Expires
December 31, 2010.) Captions used in this chapter are not
any part of the law. [1999 c 8 § 15.]
48.104.902 Severability—1999 c 8. (Expires December 31, 2010.) If any provision of this act or its application
to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons
or circumstances is not affected. [1999 c 8 § 17.]
48.104.903 Expiration date—1999 c 8. (Expires
December 31, 2010.) This chapter expires December 31,
2010. [1999 c 8 § 18.]
Chapter 48.110
SERVICE CONTRACTS
Sections
48.110.010
48.110.015
48.110.020
48.110.030
48.110.040
48.110.050
48.110.060
48.110.070
48.110.080
48.110.090
48.110.100
48.110.110
48.110.120
48.110.130
48.110.140
48.110.150
48.110.900
48.110.901
Finding—Declaration—Purpose.
Exempt from title—Application of chapter.
Definitions.
Registration required—Application—Required information—
Grounds for refusal—Annual renewal.
Filing of annual report—Fee—Investigations—
Confidentiality.
Obligations of service contract provider.
Reimbursement insurance policies insuring service contracts.
Service contracts—Form—Required contents.
Name of service contract provider—Use of legal name—
False or misleading statements—Restrictions on requirement to purchase service contract.
Recordkeeping of service contract provider—
Requirements—Duration—Form.
Termination of reimbursement insurance policy.
Service contract provider—Agent of insurer which issued
reimbursement insurance policy.
Commissioner may conduct investigations.
Denial, suspension, or revocation of registration—Immediate
suspension without notice or hearing—Fine.
Application of consumer protection act.
Rules.
Date of application to service contracts.
Severability—1999 c 112.
48.110.010 Finding—Declaration—Purpose. The
legislature finds that increasing numbers of businesses are
selling service contracts for repair, replacement, and maintenance of appliances, computers, electronic equipment, and
other consumer products. There are risks that contract
(2002 Ed.)
48.104.120
obligors will close or otherwise be unable to fulfill their
contract obligations that could result in unnecessary and
preventable losses to citizens of this state. The legislature
declares that it is necessary to establish standards that will
safeguard the public from possible losses arising from the
cessation of business of service contract obligors or the
mismanagement of funds paid for service contracts. The
purpose of this chapter is to create a legal framework within
which service contracts may be sold in this state and set
forth requirements for conducting a service contract business.
[1999 c 112 § 1.]
48.110.015 Exempt from title—Application of
chapter. (1) The following are exempt from this title:
(a) Warranties;
(b) Maintenance agreements; and
(c) Service contracts:
(i) Paid for with separate and additional consideration;
(ii) Issued at the point of sale, or within sixty days of
the original purchase date of the property; and
(iii) On tangible property when the tangible property for
which the service contract is sold has a purchase price of
fifty dollars or less, exclusive of sales tax.
(2) This chapter does not apply to:
(a) Vehicle service contracts which are governed under
chapter 48.96 RCW;
(b) Vehicle mechanical breakdown insurance; and
(c) Service contracts on tangible personal property
purchased by persons who are not consumers. [2000 c 208
§ 1; 1999 c 112 § 2.]
48.110.020 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Administrator" means the person who is responsible
for the administration of the service contracts or the service
contracts plan.
(2) "Commissioner" means the insurance commissioner
of this state.
(3) "Consumer" means an individual who buys any
tangible personal property that is primarily for personal,
family, or household use.
(4) "Maintenance agreement" means a contract of
limited duration that provides for scheduled maintenance
only.
(5) "Person" means an individual, partnership, corporation, incorporated or unincorporated association, joint stock
company, reciprocal insurer, syndicate, or any similar entity
or combination of entities acting in concert.
(6) "Premium" means the consideration paid to an
insurer for a reimbursement insurance policy.
(7) "Provider fee" means the consideration paid by a
consumer for a service contract.
(8) "Reimbursement insurance policy" means a policy
of insurance that is issued to a service contract provider to
provide reimbursement to the service contract provider or to
pay on behalf of the service contract provider all contractual
obligations incurred by the service contract provider under
the terms of the insured service contracts issued or sold by
the service contract provider.
(9) "Service contract" means a contract or agreement for
a separately stated consideration for a specific duration to
[Title 48 RCW—page 387]
48.110.020
Title 48 RCW: Insurance
perform the repair, replacement, or maintenance of property
or the indemnification for repair, replacement, or maintenance for operational or structural failure due to a defect in
materials or workmanship, or normal wear and tear. Service
contracts may provide for the repair, replacement, or
maintenance of property for damage resulting from power
surges and accidental damage from handling, with or without
additional provision for indemnity payments for incidental
damages to other property directly caused by the failure of
the property which is the subject of the service contract,
provided the indemnity payment per incident does not
exceed the purchase price of the property that is the subject
of the service contract.
(10) "Service contract holder" or "contract holder"
means a person who is the purchaser or holder of a service
contract.
(11) "Service contract provider" means a person who is
contractually obligated to the service contract holder under
the terms of the service contract.
(12) "Service contract seller" means the person who
sells the service contract to the consumer.
(13) "Warranty" means a warranty made solely by the
manufacturer, importer, or seller of property or services
without consideration; that is not negotiated or separated
from the sale of the product and is incidental to the sale of
the product; and that guarantees indemnity for defective
parts, mechanical or electrical breakdown, labor, or other
remedial measures, such as repair or replacement of the
property or repetition of services. [2000 c 208 § 2; 1999 c
112 § 3.]
48.110.030 Registration required—Application—
Required information—Grounds for refusal—Annual
renewal. (1) A person shall not act as, or offer to act as, or
hold himself or herself out to be a service contract provider
in this state, nor may a service contract be sold to a consumer in this state, unless the service contract provider has a
valid registration as a service contract provider issued by the
commissioner.
(2) Applicants to be a service contract provider shall
make an application to the commissioner upon a form to be
furnished by the commissioner. The application shall
include or be accompanied by the following information and
documents:
(a) All basic organizational documents of the service
contract provider, including any articles of incorporation,
articles of association, partnership agreement, trade name
certificate, trust agreement, shareholder agreement, bylaws,
and other applicable documents, and all amendments to those
documents;
(b) The identities of the service contract provider’s
executive officer or officers directly responsible for the
service contract provider’s service contract business, and, if
more than fifty percent of the service contract provider’s
gross revenue is derived from the sale of service contracts,
the identities of the service contract provider’s directors and
stockholders having beneficial ownership of ten percent or
more of any class of securities;
(c) Audited annual financial statements or other financial reports acceptable to the commissioner for the two most
recent years which prove that the applicant is solvent and
[Title 48 RCW—page 388]
any information the commissioner may require in order to
review the current financial condition of the applicant. If the
service contract provider is relying on RCW 48.110.050(2)
(a) or (c) to assure the faithful performance of its obligations
to service contract holders, then the audited financial
statements of the service contract provider’s parent company
may be substituted for the audited financial statements of the
service contract provider;
(d) An application fee of two hundred fifty dollars,
which shall be deposited into the insurance commissioner’s
regulatory account under RCW 48.02.190; and
(e) Any other pertinent information required by the
commissioner.
(3) The applicant shall appoint the commissioner as its
attorney to receive service of legal process in any action,
suit, or proceeding in any court. This appointment is
irrevocable and shall bind the service contract provider or
any successor in interest, shall remain in effect as long as
there is in force in this state any contract or any obligation
arising therefrom related to residents of this state, and shall
be processed in accordance with RCW 48.05.210.
(4) The commissioner may refuse to issue a registration
if the commissioner determines that the service contract
provider, or any individual responsible for the conduct of the
affairs of the service contract provider under subsection
(2)(b) of this section, is not competent, trustworthy, financially responsible, or has had a license as a service contract
provider or similar license denied or revoked for cause by
any state.
(5) A registration issued under this section is valid,
unless surrendered, suspended, or revoked by the commissioner, or not renewed for so long as the service contract
provider continues in business in this state and remains in
compliance with this chapter. A registration is subject to
renewal annually on the first day of July upon application of
the service contract provider and payment of a fee of two
hundred dollars, which shall be deposited into the insurance
commissioner’s regulatory account under RCW 48.02.190.
If not so renewed, the registration expires on the June 30th
next preceding.
(6) A service contract provider shall keep current the
information required to be disclosed in its registration under
this section by reporting all material changes or additions
within thirty days after the end of the month in which the
change or addition occurs. [1999 c 112 § 4.]
48.110.040 Filing of annual report—Fee—
Investigations—Confidentiality. (1) Every registered
service contract provider that is assuring its faithful performance of its obligations to its service contract holders by
complying with RCW 48.110.050(2)(b) shall file an annual
report for the preceding calendar year with the commissioner
on or before March 1st of each year, or within any extension
of time the commissioner for good cause may grant. The
report shall be in the form and contain those matters as the
commissioner prescribes and shall be verified by at least two
officers of the service contract provider.
(2) At the time of filing the report, the service contract
provider shall pay a filing fee of twenty dollars which shall
be deposited into the insurance commissioner’s regulatory
account under RCW 48.02.190.
(2002 Ed.)
Service Contracts
(3) As part of any investigation by the commissioner,
the commissioner may require a service contract provider to
file monthly financial reports whenever, in the
commissioner’s discretion, there is a need to more closely
monitor the financial activities of the service contract
provider. Monthly financial statements shall be filed in the
commissioner’s office no later than the twenty-fifth day of
the month following the month for which the financial report
is being filed. These monthly financial reports shall be the
internal financial statements of the service contract provider.
The monthly financial reports that are filed with the commissioner constitute information that might be damaging to the
service contract provider if made available to its competitors,
and therefore shall be kept confidential by the commissioner.
This information shall not be made public or be subject to
subpoena, other than by the commissioner and then only for
the purpose of enforcement actions taken by the commissioner. [1999 c 112 § 5.]
48.110.050 Obligations of service contract provider.
(1) Service contracts shall not be issued, sold, or offered for
sale in this state or sold to consumers in this state unless the
service contract provider has:
(a) Provided a receipt for, or other written evidence of,
the purchase of the service contract to the contract holder;
and
(b) Provided a copy of the service contract to the
service contract holder within a reasonable period of time
from the date of purchase.
(2) In order to assure the faithful performance of a
service contract provider’s obligations to its service contract
holders, every service contract provider shall be responsible
for complying with the requirements of one of the following:
(a) Insure all service contracts under a reimbursement
insurance policy issued by an insurer holding a certificate of
authority from the commissioner;
(b)(i) Maintain a funded reserve account for its obligations under its service contracts issued and outstanding in
this state. The reserves shall not be less than forty percent
of the gross consideration received, less claims paid, on the
sale of the service contract for all in-force contracts. The
reserve account shall be subject to examination and review
by the commissioner; and
(ii) Place in trust with the commissioner a financial
security deposit, having a value of not less than five percent
of the gross consideration received, less claims paid, on the
sale of the service contract for all service contracts issued
and in force, but not less than twenty-five thousand dollars,
consisting of one of the following:
(A) A surety bond issued by an insurer holding a
certificate of authority from the commissioner;
(B) Securities of the type eligible for deposit by
authorized insurers in this state;
(C) Cash;
(D) An evergreen letter of credit issued by a qualified
financial institution; or
(E) Another form of security prescribed by rule by the
commissioner; or
(c)(i) Maintain, or its parent company maintain, a net
worth or stockholder’s equity of at least one hundred million
dollars; and
(2002 Ed.)
48.110.040
(ii) Upon request, provide the commissioner with a copy
of the service contract provider’s or the service contract
provider’s parent company’s most recent form 10-K or form
20-F filed with the securities and exchange commission
within the last calendar year, or if the company does not file
with the securities and exchange commission, a copy of the
service contract provider’s or the service contract provider’s
parent company’s audited financial statements, which shows
a net worth of the service contract provider or its parent
company of at least one hundred million dollars. If the
service contract provider’s parent company’s form 10-K,
form 20-F, or audited financial statements are filed with the
commissioner to meet the service contract provider’s
financial stability requirement, then the parent company shall
agree to guarantee the obligations of the service contract
provider relating to service contracts sold by the service
contract provider in this state. A copy of the guarantee shall
be filed with the commissioner. The guarantee shall be
irrevocable as long as there is in force in this state any
contract or any obligation arising from service contracts
guaranteed, unless the parent company has made arrangements approved by the commissioner to satisfy its obligations under the guarantee.
(3) Service contracts shall require the service contract
provider to permit the service contract holder to return the
service contract within twenty days of the date the service
contract was mailed to the service contract holder or within
ten days of delivery if the service contract is delivered to the
service contract holder at the time of sale, or within a longer
time period permitted under the service contract. Upon
return of the service contract to the service contract provider
within the applicable period, if no claim has been made
under the service contract prior to the return to the service
contract provider, the service contract is void and the service
contract provider shall refund to the service contract holder,
or credit the account of the service contract holder with the
full purchase price of the service contract. The right to void
the service contract provided in this subsection is not
transferable and shall apply only to the original service
contract purchaser. A ten percent penalty per month shall be
added to a refund of the purchase price that is not paid or
credited within thirty days after return of the service contract
to the service contract provider.
(4) Except for service contract providers, persons
marketing, selling, or offering to sell service contracts for
providers are exempt from the registration requirements of
RCW 48.110.030.
(5) The marketing, sale, offering for sale, issuance,
making, proposing to make, and administration of service
contracts by service contract providers and related service
contract sellers, administrators, and other persons complying
with this chapter are exempt from the other provisions of
this title, except chapter 48.04 RCW and as otherwise
provided in this chapter. [1999 c 112 § 6.]
48.110.060 Reimbursement insurance policies
insuring service contracts. (1) Reimbursement insurance
policies insuring service contracts issued, sold, or offered for
sale in this state or sold to consumers in this state shall state
that the insurer that issued the reimbursement insurance
policy shall reimburse or pay on behalf of the service
[Title 48 RCW—page 389]
48.110.060
Title 48 RCW: Insurance
contract provider all sums the service contract provider is
legally obligated to pay, including but not limited to the
refund of the full purchase price of the service contract to
the service contract holder or shall provide the service which
the service contract provider is legally obligated to perform
according to the service contract provider’s contractual
obligations under the service contracts issued or sold by the
service contract provider.
(2) The reimbursement insurance policy shall fully
insure the obligations of the service contract provider, rather
than partially insure, or insure only in the event of service
contract provider default.
(3) The reimbursement insurance policy shall state that
the service contract holder is entitled to apply directly to the
reimbursement insurance company. [1999 c 112 § 7.]
48.110.070 Service contracts—Form—Required
contents. (1) Service contracts marketed, sold, offered for
sale, issued, made, proposed to be made, or administered in
this state or sold to residents of this state shall be written,
printed, or typed in clear, understandable language that is
easy to read, and disclose the requirements set forth in this
section, as applicable.
(2) Service contracts insured under a reimbursement
insurance policy under RCW 48.110.050(2)(a) and
48.110.060 shall not be issued, sold, or offered for sale in
this state or sold to residents of this state unless the service
contract conspicuously contains a statement in substantially
the following form: "Obligations of the service contract
provider under this service contract are insured under a
service contract reimbursement insurance policy." The
service contract shall also conspicuously state the name and
address of the issuer of the reimbursement [insurance] policy
and state that the service contract holder is entitled to apply
directly to the reimbursement insurance company.
(3) Service contracts not insured under a reimbursement
insurance policy under RCW 48.110.050(2)(a) and
48.110.060 shall contain a statement in substantially the
following form: "Obligations of the service contract provider
under this contract are backed by the full faith and credit of
the service contract provider."
(4) Service contracts shall state the name and address of
the service contract provider and shall identify any administrator if different from the service contract provider, the
service contract seller, and the service contract holder to the
extent that the name of the service contract holder has been
furnished by the service contract holder. The identities of
such parties are not required to be preprinted on the service
contract and may be added to the service contract at the time
of sale.
(5) Service contracts shall state the purchase price of the
service contract and the terms under which the service
contract is sold. The purchase price is not required to be
preprinted on the service contract and may be negotiated at
the time of sale.
(6) Service contracts shall state the procedure to obtain
service or to file a claim, including but not limited to the
procedures for obtaining prior approval for repair work, the
toll-free telephone number if prior approval is necessary for
service, and the procedure for obtaining emergency repairs
[Title 48 RCW—page 390]
performed outside of normal business hours or provide for
twenty-four-hour telephone assistance.
(7) Service contracts shall state the existence of any
deductible amount, if applicable.
(8) Service contracts shall specify the merchandise and
services to be provided and any limitations, exceptions, or
exclusions.
(9) Service contracts shall state any restrictions governing the transferability of the service contract, if applicable.
(10) Service contracts shall state the terms, restrictions,
or conditions governing cancellation of the service contract
prior to the termination or expiration date of the service
contract by either the service contract provider or by the
service contract holder, which rights can be no more
restrictive than provided in RCW 48.110.050(3). The
service contract provider of the service contract shall mail a
written notice to the service contract holder at the last known
address of the service contract holder contained in the
records of the service contract provider at least twenty-one
days prior to cancellation by the service contract provider.
The notice shall state the effective date of the cancellation
and the true and actual reason for the cancellation.
(11) Service contracts shall set forth the obligations and
duties of the service contract holder, including but not
limited to the duty to protect against any further damage and
any requirement to follow owner’s manual instructions.
(12) Service contracts shall state whether or not the
service contract provides for or excludes consequential
damages or preexisting conditions.
(13) Service contracts shall not contain a provision
which requires that any civil action brought in connection
with the service contract must be brought in the courts of a
jurisdiction other than this state. Service contracts that
authorize binding arbitration to resolve claims or disputes
may allow for arbitration proceedings to be held at a location
in closest proximity to the service contract holder’s permanent residence. [1999 c 112 § 8.]
48.110.080 Name of service contract provider—Use
of legal name—False or misleading statements—
Restrictions on requirement to purchase service contract.
(1) A service contract provider shall not use in its name the
words insurance, casualty, guaranty, surety, mutual, or any
other words descriptive of the insurance, casualty, guaranty,
or surety business; or a name deceptively similar to the name
or description of any insurance or surety corporation, or to
the name of any other service contract provider. This
subsection does not apply to a company that was using any
of the prohibited language in its name prior to January 1,
1999. However, a company using the prohibited language
in its name shall conspicuously disclose in its service
contracts the following statement: "This agreement is not an
insurance contract."
(2) Every service contract provider shall conduct its
business in its own legal name, unless the commissioner has
approved the use of another name.
(3) A service contract provider or its representative shall
not in its service contracts or literature make, permit, or
cause to be made any false or misleading statement, or
deliberately omit any material statement that would be
considered misleading if omitted.
(2002 Ed.)
Service Contracts
(4) A person, such as a bank, savings and loan association, lending institution, manufacturer, or seller shall not
require the purchase of a service contract as a condition of
a loan or a condition for the sale of any property. [1999 c
112 § 9.]
48.110.090 Recordkeeping of service contract
provider—Requirements—Duration—Form. (1) The
service contract provider shall keep accurate accounts, books,
and records concerning transactions regulated under this
chapter.
(2) The service contract provider’s accounts, books, and
records shall include the following:
(a) Copies of each type of service contract sold;
(b) The name and address of each service contract
holder, to the extent that the name and address have been
furnished by the service contract holder;
(c) A list of the locations where the service contracts are
marketed, sold, or offered for sale; and
(d) Written claim files that contain at least the dates,
amounts, and descriptions of claims related to the service
contracts.
(3) Except as provided in subsection (5) of this section,
the service contract provider shall retain all records required
to be maintained by subsection (1) of this section for at least
six years after the specified coverage has expired.
(4) The records required under this chapter may be, but
are not required to be, maintained on a computer disk or
other recordkeeping technology. If the records are maintained in other than hard copy, the records shall be capable
of duplication to legible hard copy.
(5) A service contract provider discontinuing business
in this state shall maintain its records until it furnishes the
commissioner satisfactory proof that it has discharged all
obligations to service contract holders in this state. [1999 c
112 § 10.]
48.110.100 Termination of reimbursement insurance policy. As applicable, an insurer that issued a reimbursement insurance policy shall not terminate the policy
until a notice of termination in accordance with RCW
48.18.290 has been given to the service contract provider
and has been delivered to the commissioner. The termination of a reimbursement insurance policy does not reduce the
issuer’s responsibility for service contracts issued by service
contract providers prior to the effective date of the termination. [1999 c 112 § 11.]
48.110.110 Service contract provider—Agent of
insurer which issued reimbursement insurance policy.
(1) Service contract providers are considered to be the agent
of the insurer which issued the reimbursement insurance
policy for purposes of obligating the insurer to service
contract holders in accordance with the service contract and
this chapter. Payment of the provider fee by the consumer
to the service contract seller, service contract provider, or administrator constitutes payment by the consumer to the
service contract provider and to the insurer which issued the
reimbursement insurance policy. In cases where a service
contract provider is acting as an administrator and enlists
other service contract providers, the service contract provider
(2002 Ed.)
48.110.080
acting as the administrator shall notify the insurer of the
existence and identities of the other service contract providers.
(2) Chapter 112, Laws of 1999 does not prevent or limit
the right of an insurer which issued a reimbursement
insurance policy to seek indemnification or subrogation
against a service contract provider if the issuer pays or is
obligated to pay the service contract holder sums that the
service contract provider was obligated to pay under the
provisions of the service contract. [1999 c 112 § 12.]
48.110.120 Commissioner may conduct investigations. (1) The commissioner may conduct investigations of
service contract providers, administrators, service contract
sellers, insurers, and other persons to enforce this chapter
and protect service contract holders in this state. Upon
request of the commissioner, the service contract provider
shall make all accounts, books, and records concerning service contracts sold by the service contract provider available
to the commissioner which are necessary to enable the
commissioner to determine compliance or noncompliance
with this chapter.
(2) The commissioner may take actions under RCW
48.02.080 or 48.04.050 which are necessary or appropriate
to enforce this chapter and the commissioner’s rules and
orders, and to protect service contract holders in this state.
[1999 c 112 § 13.]
48.110.130 Denial, suspension, or revocation of
registration—Immediate suspension without notice or
hearing—Fine. (1) The commissioner may, subject to chapter 48.04 RCW, deny, suspend, or revoke the registration of
a service contract provider if the commissioner finds that the
service contract provider:
(a) Has violated this chapter or the commissioner’s rules
and orders;
(b) Has refused to be investigated or to produce its
accounts, records, and files for investigation, or if any of its
officers have refused to give information with respect to its
affairs or refused to perform any other legal obligation as to
an investigation, when required by the commissioner;
(c) Has, without just cause, refused to pay proper claims
or perform services arising under its contracts or has,
without just cause, caused service contract holders to accept
less than the amount due them or caused service contract
holders to employ attorneys or bring suit against the service
contract provider to secure full payment or settlement of
claims;
(d) Is affiliated with or under the same general management or interlocking directorate or ownership as another
service contract provider which unlawfully transacts business
in this state without having a registration;
(e) At any time fails to meet any qualification for which
issuance of the registration could have been refused had such
failure then existed and been known to the commissioner;
(f) Has been convicted of, or has entered a plea of
guilty or nolo contendere to, a felony;
(g) Is under suspension or revocation in another state
with respect to its service contract business;
(h) Has made a material misstatement in its application
for registration;
[Title 48 RCW—page 391]
48.110.130
Title 48 RCW: Insurance
(i) Has obtained or attempted to obtain a registration
through misrepresentation or fraud;
(j) Has, in the transaction of business under its registration, used fraudulent, coercive, or dishonest practices; or
(k) Has failed to pay any judgment rendered against it
in this state regarding a service contract within sixty days
after the judgment has become final.
(2) The commissioner may, without advance notice or
hearing thereon, immediately suspend the registration of a
service contract provider if the commissioner finds that any
of the following circumstances exist:
(a) The provider is insolvent;
(b) A proceeding for receivership, conservatorship,
rehabilitation, or other delinquency proceeding regarding the
service contract provider has been commenced in any state;
or
(c) The financial condition or business practices of the
service contract provider otherwise pose an imminent threat
to the public health, safety, or welfare of the residents of this
state.
(3) If the commissioner finds that grounds exist for the
suspension or revocation of a registration issued under this
chapter, the commissioner may, in lieu of suspension or
revocation, impose a fine upon the service contract provider
in an amount not more than two thousand dollars per
violation. [1999 c 112 § 14.]
48.110.140 Application of consumer protection act.
The legislature finds that the practices covered by this
chapter are matters vitally affecting the public interest for the
purpose of applying the consumer protection act, chapter
19.86 RCW. Violations of this chapter are not reasonable in
relation to the development and preservation of business. A
violation of this chapter is an unfair or deceptive act or
practice in the conduct of trade or commerce and an unfair
method of competition, as specifically contemplated by RCW
19.86.020, and is a violation of the consumer protection act,
chapter 19.86 RCW. Any service contract holder injured as
a result of a violation of a provision of this chapter shall be
entitled to maintain an action pursuant to chapter 19.86
RCW against the service contract provider and the insurer
issuing the applicable service contract reimbursement
[insurance] policy and shall be entitled to all of the rights
and remedies afforded by that chapter. [1999 c 112 § 15.]
48.110.150 Rules. The commissioner may adopt rules
to implement and administer this chapter. [1999 c 112 §
16.]
48.110.900 Date of application to service contracts.
This chapter applies to all service contracts sold or offered
for sale ninety or more days after July 25, 1999. [1999 c
112 § 17.]
48.110.901 Severability—1999 c 112. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1999 c 112 § 19.]
[Title 48 RCW—page 392]
Chapter 48.115
RENTAL CAR INSURANCE
Sections
48.115.001
48.115.005
48.115.010
48.115.015
48.115.020
48.115.025
48.115.030
48.115.035
48.115.040
48.115.045
48.115.900
Short title.
Definitions.
License required.
Licensing rental car companies as rental car agents.
Rental car agent endorsees—Duties of rental car agent—
Training—Transaction records.
Restrictions on offer, sale, or solicitation—Consumer
information.
Rental car agent prohibitions.
Enforcement—Commissioner may revoke, suspend, or
refuse to issue or renew license.
Treatment of moneys collected from renters purchasing
insurance.
Rule making.
Captions not law.
48.115.001 Short title. This chapter may be known
and cited as the rental car insurance limited agent license
act. [2002 c 273 § 1.]
48.115.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Endorsee" means an unlicensed employee or agent
of a rental car agent who meets the requirements of this
chapter.
(2) "Person" means an individual or a business entity.
(3) "Rental agreement" means any written master,
corporate, group, or individual agreement setting forth the
terms and conditions governing the use of a rental car rented
or leased by a rental car company.
(4) "Rental car" means any motor vehicle that is
intended to be rented or leased for a period of thirty consecutive days or less by a driver who is not required to possess
a commercial driver’s license to operate the motor vehicle
and the motor vehicle is either of the following:
(a) A private passenger motor vehicle, including a
passenger van, recreational vehicle, minivan, or sports utility
vehicle; or
(b) A cargo vehicle, including a cargo van, pickup truck,
or truck with a gross vehicle weight of less than twenty-six
thousand pounds.
(5) "Rental car agent" means any rental car company
that is licensed to offer, sell, or solicit rental car insurance
under this chapter.
(6) "Rental car company" means any person in the
business of renting rental cars to the public, including a
franchisee.
(7) "Rental car insurance" means insurance offered,
sold, or solicited in connection with and incidental to the
rental of rental cars, whether at the rental office or by
preselection of coverage in master, corporate, group, or individual agreements that: (a) Is nontransferable; (b) applies
only to the rental car that is the subject of the rental agreement; and (c) is limited to the following kinds of insurance:
(i) Personal accident insurance for renters and other
rental car occupants, for accidental death or dismemberment,
and for medical expenses resulting from an accident that
occurs with the rental car during the rental period;
(2002 Ed.)
Rental Car Insurance
(ii) Liability insurance, including uninsured or underinsured motorist coverage, whether offered separately or in
combination with other liability insurance, that provides
protection to the renters and to other authorized drivers of a
rental car for liability arising from the operation of the rental
car during the rental period;
(iii) Personal effects insurance that provides coverage to
renters and other vehicle occupants for loss of, or damage to,
personal effects in the rental car during the rental period; and
(iv) Roadside assistance and emergency sickness
protection insurance.
(8) "Renter" means any person who obtains the use of
a vehicle from a rental car company under the terms of a
rental agreement. [2002 c 273 § 2.]
48.115.010 License required. (1) A rental car
company, or officer, director, employee, or agent of a rental
car company, may not offer, sell, or solicit the purchase of
rental car insurance unless that person is licensed under
chapter 48.17 RCW or is in compliance with this chapter.
(2) The commissioner may issue a license to a rental car
company that is in compliance with this chapter authorizing
the rental car company to act as a rental car agent under this
chapter, in connection with and incidental to rental agreements, on behalf of any insurer authorized to write rental car
insurance in this state. [2002 c 273 § 3.]
48.115.015 Licensing rental car companies as rental
car agents. A rental car company may apply to be licensed
as a rental car agent under, and if in compliance with, this
chapter by filing the following documents with the commissioner:
(1) A written application for licensure, signed by the
applicant or by an officer of the applicant, in the form
prescribed by the commissioner that includes a listing of all
locations at which the rental car company intends to offer,
sell, or solicit rental car insurance; and
(2)(a) A certificate by the insurer that is to be named in
the rental car agent license, stating that: (i) The insurer has
satisfied itself that the named applicant is trustworthy and
competent to act as its rental car agent, limited to this
purpose; (ii) the insurer has reviewed the endorsee training
and education program required by RCW 48.115.020(4) and
believes that it satisfies the statutory requirements; and (iii)
the insurer will appoint the applicant to act as its rental car
agent to offer, sell, or solicit rental car insurance, if the
license for which the applicant is applying is issued by the
commissioner.
(b) The certification shall be subscribed by an authorized representative of the insurer on a form prescribed by
the commissioner. [2002 c 273 § 4.]
48.115.020 Rental car agent endorsees—Duties of
rental car agent—Training—Transaction records. (1) An
employee or agent of a rental car agent may be an endorsee
authorized to offer, sell, or solicit rental car insurance under
the authority of the rental car agent license, if all of the following conditions have been satisfied:
(a) The employee or agent is eighteen years of age or
older;
(2002 Ed.)
48.115.005
(b) The employee or agent is a trustworthy person and
has not committed any act set forth in RCW 48.17.530;
(c) The employee or agent has completed a training and
education program;
(d) The rental car company, at the time it submits its
rental car agent license application, also submits a list of the
names of all endorsees to its rental car agent license on
forms prescribed by the commissioner. The list shall be
updated and submitted to the commissioner quarterly on a
calendar year basis. Each list shall be retained by the rental
car company for a period of three years from submission;
and
(e) The rental car company or its agent submits to the
commissioner with its initial rental car agent license application, and annually thereafter, a certification subscribed by an
officer of the rental car company on a form prescribed by
the commissioner, stating all of the following:
(i) No person other than an endorsee offers, sells, or
solicits rental car insurance on its behalf or while working as
an employee or agent of the rental car agent; and
(ii) All endorsees have completed the training and
education program under subsection (4) of this section.
(2) A rental car agent’s endorsee may only act on behalf
of the rental car agent in the offer, sale, or solicitation of a
rental car insurance. A rental car agent is responsible for,
and must supervise, all actions of its endorsees related to the
offering, sale, or solicitation of rental car insurance. The
conduct of an endorsee acting within the scope of his or her
employment or agency is the same as the conduct of the
rental car agent for purposes of this chapter.
(3) The manager at each location of a rental car agent,
or the direct supervisor of the rental car agent’s endorsees at
each location, must be an endorsee of that rental car agent
and is responsible for the supervision of each additional
endorsee at that location. Each rental car agent shall identify
the endorsee who is the manager or direct supervisor at each
location in the endorsee list that it submits under subsection
(1)(d) of this section.
(4) Each rental car agent shall provide a training and
education program for each endorsee prior to allowing an
endorsee to offer, sell, or solicit rental car insurance. Details
of the program must be submitted to the commissioner,
along with the license application, for approval prior to use,
and resubmitted for approval of any changes prior to use.
This training program shall meet the following minimum
standards:
(a) Each endorsee shall receive instruction about the
kinds of insurance authorized under this chapter that may be
offered for sale to prospective renters; and
(b) Each endorsee shall receive training about the
requirements and limitations imposed on car rental agents
and endorsees under this chapter. The training must include
specific instruction that the endorsee is prohibited by law
from making any statement or engaging in any conduct
express or implied, that would lead a consumer to believe
that the:
(i) Purchase of rental car insurance is required in order
for the renter to rent a motor vehicle;
(ii) Renter does not have insurance policies in place that
already provide the coverage being offered by the rental car
company under this chapter; or
[Title 48 RCW—page 393]
48.115.020
Title 48 RCW: Insurance
(iii) Endorsee is qualified to evaluate the adequacy of
the renter’s existing insurance coverages.
(5) The training and education program submitted to the
commissioner is approved if no action is taken within thirty
days of its submission.
(6) An endorsee’s authorization to offer, sell, or solicit
rental car insurance expires when the endorsee’s employment
with the rental car company is terminated.
(7) The rental car agent shall retain for a period of one
year from the date of each transaction records which enable
it to identify the name of the endorsee involved in each
rental transaction when a renter purchases rental car insurance. [2002 c 273 § 5.]
48.115.025 Restrictions on offer, sale, or solicitation—Consumer information. Insurance may not be
offered, sold, or solicited under this section, unless:
(1) The rental period of the rental car agreement is
thirty consecutive days or less;
(2) At every location where rental agreements are
executed, the rental car agent or endorsee provides brochures
or other written materials to each renter who purchases rental
car insurance that clearly, conspicuously, and in plain
language:
(a) Summarize, clearly and correctly, the material terms,
exclusions, limitations, and conditions of coverage offered to
renters, including the identity of the insurer;
(b) Describe the process for filing a claim in the event
the renter elects to purchase coverage, including a toll-free
telephone number to report a claim;
(c) Provide the rental car agent’s name, address,
telephone number, and license number, as well as the
commissioner’s consumer hotline number;
(d) Inform the consumer that the rental car insurance
offered, sold, or solicited by the rental car agent may provide
a duplication of coverage already provided by a renter’s
personal automobile insurance policy, homeowners’ insurance policy, or by another source of coverage;
(e) Inform the consumer that the purchase by the renter
of the rental car insurance is not required in order to rent a
rental car from the rental car agent; and
(f) Inform the consumer that the rental car agent and the
rental car agent’s endorsees are not qualified to evaluate the
adequacy of the renter’s existing insurance coverages;
(3) The purchaser of rental car insurance acknowledges
in writing the receipt of the brochures or written materials
required by subsection (2) of this section;
(4) Evidence of the rental car insurance coverage is
stated on the face of the rental agreement;
(5) All costs for the rental car insurance are separately
itemized in the rental agreement;
(6) When the rental car insurance is not the primary
source of coverage, the consumer is informed in writing in
the form required by subsection (2) of this section that their
personal insurance will serve as the primary source of
coverage; and
(7) For transactions conducted by electronic means, the
rental car agent must comply with the requirements of this
section, and the renter must acknowledge in writing or by
electronic signature the receipt of the following disclosures:
[Title 48 RCW—page 394]
(a) The insurance policies offered by the rental car agent
may provide a duplication of coverage already provided by
a renter’s personal automobile insurance policy,
homeowners’ insurance policy, or by another source of
coverage;
(b) The purchase by the renter of rental car insurance is
not required in order to rent a rental car from the rental car
agent; and
(c) The rental car agent and the rental car agent’s
endorsees are not qualified to evaluate the adequacy of the
renter’s existing insurance coverages. [2002 c 273 § 6.]
48.115.030 Rental car agent prohibitions. A rental
car agent may not:
(1) Offer, sell, or solicit the purchase of insurance
except in conjunction with and incidental to rental car
agreements;
(2) Advertise, represent, or otherwise portray itself or
any of its employees or agents as licensed insurers, insurance
agents, or insurance brokers;
(3) Pay any person, including a rental car agent endorsee, any compensation, fee, or commission that is dependent
primarily on the placement of insurance under the license
issued under this chapter;
(4) Make any statement or engage in any conduct,
express or implied, that would lead a customer to believe
that the:
(a) Insurance policies offered by the rental car agent do
not provide a duplication of coverage already provided by a
renter’s personal automobile insurance policy, homeowners’
insurance policy, or by another source of coverage;
(b) Purchase by the renter of rental car insurance is
required in order to rent a rental car from the rental car
agent; and
(c) Rental car agent or the rental car agent’s endorsees
are qualified to evaluate the adequacy of the renter’s existing
insurance coverages. [2002 c 273 § 7.]
48.115.035 Enforcement—Commissioner may
revoke, suspend, or refuse to issue or renew license. (1)
Every rental car agent licensed under this chapter shall
promptly reply in writing to an inquiry of the commissioner
relative to the business of car rental insurance.
(2)(a) In the event of a violation of this chapter by a
rental car agent, the commissioner may revoke, suspend, or
refuse to issue or renew any rental car agent’s license that is
issued or may be issued under this chapter for any cause
specified in any other provision of this title, or for any of the
following causes:
(i) For any cause that the issuance of this license could
have been refused had it then existed and been known to the
commissioner;
(ii) If the licensee or applicant willfully violates or
knowingly participates in a violation of this title or any
proper order or rule of the commissioner;
(iii) If the licensee or applicant has obtained or attempted to obtain a license through willful misrepresentation or
fraud;
(iv) If the licensee or applicant has misappropriated or
converted funds that belong to, or should be paid to, another
(2002 Ed.)
Rental Car Insurance
person as a result of, or in connection with, a car rental or
insurance transaction;
(v) If the licensee or applicant has, with intent to
deceive, materially misrepresented the terms or effects of
any insurance contract, or has engaged, or is about to
engage, in any fraudulent transaction;
(vi) If the licensee or applicant or officer of the licensee
or applicant has been convicted by final judgment of a
felony;
(vii) If the licensee or applicant is shown to be, and is
determined by the commissioner, incompetent or untrustworthy, or a source of injury and loss to the public; and
(viii) If the licensee has dealt with, or attempted to deal
with, insurances, or has exercised powers relative to insurance outside the scope of the car rental agent license or other
insurance licenses.
(b) If any natural person named under a firm or corporate car rental agent license, or application therefore,
commits or has committed any act, or fails or has failed to
perform any duty, that constitutes grounds for the commissioner to revoke, suspend, or refuse to issue or renew the
license or application for license, the commissioner may
revoke, suspend, refuse to renew, or refuse to issue the
license or application for a license of the corporation or firm.
(c) Any conduct of an applicant or licensee that constitutes grounds for disciplinary action under this title may be
addressed under this section regardless of where the conduct
took place.
(d) The holder of any license that has been revoked or
suspended shall surrender the license to the commissioner at
the commissioner’s request.
(e) After notice and hearing the commissioner may
impose other penalties, including suspending the transaction
of insurance at specific rental locations where violations of
this section have occurred and imposing fines on the
manager or supervisor at each location responsible for the
supervision and conduct of each endorsee, as the commissioner determines necessary or convenient to carry out the
purpose of this chapter.
(3) The commissioner may suspend, revoke, or refuse to
renew any car rental agent license by an order served by
mail or personal service upon the licensee not less than
fifteen days prior to its effective date. The order is subject
to the right of the licensee to a hearing under chapter 48.04
RCW.
(4) The commissioner may temporarily suspend a
license by an order served by mail or personal service upon
the licensee not less than three days prior to its effective
date. However, the order must contain a notice of revocation and include a finding that the public safety or welfare
imperatively requires emergency action. These suspensions
may continue only until proceedings for revocation are
concluded. The commissioner may also temporarily suspend
a license in cases when proceedings for revocation are
pending if it is found that the public safety or welfare
imperatively requires emergency action.
(5) Service by mail under this section means posting in
the United States mail, addressed to the licensee at the most
recent address shown in the commissioner’s licensing records
for the licensee. Service by mail is complete upon deposit
in the United States mail.
(2002 Ed.)
48.115.035
(6) If any person sells insurance in connection with or
incidental to rental car agreements, or holds himself or
herself or a company out as a rental car agent, without
satisfying the requirements of this chapter, the commissioner
is authorized to issue a cease and desist order. [2002 c 273
§ 8.]
48.115.040 Treatment of moneys collected from
renters purchasing insurance. A rental car agent is not
required to treat moneys collected from renters purchasing
rental car insurance as funds received in a fiduciary capacity,
if:
(1) The charges for rental car insurance coverage are
itemized and ancillary to a rental transaction; and
(2) The insurer has consented in writing, signed by an
officer of the insurer, that premiums need not be segregated
from funds received by the rental car agent. [2002 c 273 §
9.]
48.115.045 Rule making. The commissioner may
adopt rules necessary to implement this chapter, including
rules establishing licensing fees to defray the cost of administering this chapter. [2002 c 273 § 10.]
48.115.900 Captions not law. Captions used in this
act are not any part of the law. [2002 c 273 § 12.]
Chapter 48.120
SPECIALTY PRODUCER LICENSES—
COMMUNICATIONS EQUIPMENT OR SERVICES
Sections
48.120.005
48.120.010
48.120.015
48.120.020
48.120.025
Definitions.
License required—Application.
Scope of license—Authorization.
Issuance of insurance—Restrictions—Conduct of employees and authorized representatives.
Statutes governing vendor misconduct—Rules necessary to
implement chapter.
48.120.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Communications equipment" means handsets,
pagers, personal digital assistants, portable computers,
automatic answering devices, batteries, and their accessories
or other devices used to originate or receive communications
signals or service approved for coverage by rule of the
commissioner, and also includes services related to the use
of the devices.
(2) "Communications equipment insurance program"
means an insurance program as described in RCW
48.120.015.
(3) "Communications service" means the service
necessary to send, receive, or originate communications
signals.
(4) "Customer" means a person or entity purchasing or
leasing communications equipment or communications
services from a vendor.
[Title 48 RCW—page 395]
48.120.005
Title 48 RCW: Insurance
(5) "Specialty producer license" means a license issued
under RCW 48.120.010 that authorizes a vendor to offer or
sell insurance as provided in RCW 48.120.015.
(6) "Supervising agent" means an agent licensed under
RCW 48.17.060 who provides training as described in RCW
48.120.020 and is affiliated to a licensed vendor.
(7) "Vendor" means a person or entity resident or with
offices in this state in the business of leasing, selling, or
providing communications equipment or communications
service to customers.
(8) "Appointing insurer" means the insurer appointing
the vendor as its agent under a specialty producer license.
[2002 c 357 § 1.]
48.120.010 License required—Application. (1) A
vendor that intends to offer insurance under RCW
48.120.015 must file a specialty producer license application
with the commissioner. Before the commissioner issues
such a license, the vendor must be appointed as the agent of
one or more authorized appointing insurers under a vendor’s
specialty producer license.
(2) Upon receipt of an application, if the commissioner
is satisfied that the application is complete, the commissioner
may issue a specialty producer license to the vendor. [2002
c 357 § 2.]
(2) The commissioner may adopt rules necessary for the
implementation of this chapter, including, but not limited to,
rules governing:
(a) The specialty producer license application process,
including any forms required to be used;
(b) The standards for approval and the required content
of written materials required under RCW 48.120.020(1)(a);
(c) The approval and required content of training
materials required under RCW 48.120.020(1)(b);
(d) Establishing license fees to defray the cost of
administering the specialty producer licensure program;
(e) Establishing requirements for the remittance of
premium funds to the supervising agent under authority from
the program insurer; and
(f) Determining the applicability or nonapplicability of
other provisions of this title to this chapter. [2002 c 357 §
5.]
48.120.015 Scope of license—Authorization. A
specialty producer license authorizes a vendor and its
employees and authorized representatives to offer and sell to,
enroll in, and bill and collect premiums from customers for
insurance covering communications equipment on a master,
corporate, group, or individual policy basis. [2002 c 357 §
3.]
48.120.020 Issuance of insurance—Restrictions—
Conduct of employees and authorized representatives.
(1) A vendor issued a specialty producer license may not
issue insurance under RCW 48.120.015 unless:
(a) At every location where customers are enrolled in
communications equipment insurance programs, written
material regarding the program is made available to prospective customers; and
(b) The communications equipment insurance program
is operated with the participation of a supervising agent who,
with authorization and approval from the appointing insurer,
supervises a training program for employees of the licensed
vendor.
(2) Employees and authorized representatives of a
vendor issued a specialty producer license may only act on
behalf of the vendor in the offer, sale, solicitation, or
enrollment of customers in a communications equipment
insurance program. The conduct of these employees and
authorized representatives within the scope of their employment or agency is the same as conduct of the vendor for
purposes of this title. [2002 c 357 § 4.]
48.120.025 Statutes governing vendor misconduct—
Rules necessary to implement chapter. (1) A vendor
issued a specialty producer license under this chapter is subject to RCW 48.17.540 through 48.17.560.
[Title 48 RCW—page 396]
(2002 Ed.)
Title 49
LABOR REGULATIONS
Chapters
49.04
49.08
49.12
49.17
49.19
49.22
49.24
49.26
49.28
49.30
49.32
49.36
49.38
49.40
49.44
49.46
49.48
49.52
49.56
49.60
49.64
49.66
49.70
49.74
49.78
Apprenticeship.
Arbitration of disputes.
Industrial welfare.
Washington industrial safety and health act.
Safety—Health care settings.
Safety—Crime prevention.
Health and safety—Underground workers.
Health and safety—Asbestos.
Hours of labor.
Agricultural labor.
Injunctions in labor disputes.
Labor unions.
Theatrical enterprises.
Seasonal labor.
Violations—Prohibited practices.
Minimum wage act.
Wages—Payment—Collection.
Wages—Deductions—Contributions—
Rebates.
Wages—Priorities—Preferences.
Discrimination—Human rights commission.
Employee benefit plans.
Health care activities.
Worker and community right to know act.
Affirmative action.
Family leave.
Reviser’s note: Throughout this title, "director of labor and
industries" has been substituted for "commissioner of labor," such office
having been abolished by the administrative code of 1921 (1921 c 7 §§ 3,
80, and 135).
Apprentices to be paid prevailing wage on public works: RCW 39.12.021.
Collective bargaining with employees of city-owned utilities: RCW
35.22.350.
Community renewal law: Chapter 35.81 RCW.
Department of labor and industries: Chapter 43.22 RCW.
Elevators, lifting devices and moving walks: Chapter 70.87 RCW.
Employee benefit plans when private utility acquired: RCW 54.04.130.
Employment agencies: Chapter 19.31 RCW.
Industrial products of prisoners: RCW 72.01.150, chapter 72.60 RCW.
Job protection for members of state militia: RCW 38.40.050.
Labor and employment of prisoners: Chapter 72.64 RCW.
Lien of employees for contributions to benefit plans: Chapter 60.76 RCW.
Marine employees—Public employment relations: Chapter 47.64 RCW.
Occupational and environmental research facility at University of Washington: RCW 28B.20.450 through 28B.20.458.
Promotional printing contracts of apple, fruit, dairy products commissions—Conditions of employment: RCW 15.24.086.
Public employees’ collective bargaining, arbitration of disputes: RCW
41.56.100.
Public employment: Title 41 RCW.
Sheriff’s office, civil service: Chapter 41.14 RCW.
Unemployment compensation: Title 50 RCW.
(2002 Ed.)
Unfair practices—Consumer protection—Act does not impair labor
organizations: RCW 19.86.070.
Workers’ compensation: Title 51 RCW.
Youth development and conservation corps: RCW 79A.05.500.
Chapter 49.04
APPRENTICESHIP
Sections
49.04.010
Apprenticeship council created—Composition—Terms—
Compensation—Duties.
49.04.030 Supervisor of apprenticeship—Duties.
49.04.040 Apprenticeship committees—Composition—Duties.
49.04.050 Apprenticeship program standards.
49.04.060 Apprenticeship agreements.
49.04.070 Limitation.
49.04.080 On-the-job training agreements and projects—Supervisor to
promote.
49.04.090 On-the-job training agreements and projects—Agreements
with federal agencies.
49.04.100 Apprenticeship programs—Civil rights act advancement.
49.04.110 Woman and racial minority representation in apprenticeship
programs—Noncompliance.
49.04.120 Woman and racial minority representation—Community
colleges, vocational, or high schools to enlist woman
and racial minority representation in apprenticeship
programs.
49.04.130 Woman and racial minority representation—Employer and
employee organizations, apprenticeship council and
committees, etc., to enlist woman and racial minority
representation in apprenticeship programs.
49.04.140 Transportation opportunities.
49.04.900 Severability—1941 c 231.
49.04.910 Chapter not affected by certain laws against discrimination
in employment because of age.
Apprenticeship agreements, inmates of state school for girls (Maple Lane
school): RCW 72.20.090.
Child labor: RCW 26.28.060, 26.28.070.
49.04.010 Apprenticeship council created—
Composition—Terms—Compensation—Duties. The
director of labor and industries shall appoint an apprenticeship council, composed of three representatives each from
employer and employee organizations, respectively. The
terms of office of the members of the apprenticeship council
first appointed by the director of labor and industries shall be
as follows: One representative each of employers and
employees shall be appointed for one year, two years, and
three years, respectively. Thereafter, each member shall be
appointed for a term of three years. The governor shall
appoint a public member to the apprenticeship council for a
three-year term. The appointment of the public member is
subject to confirmation by the senate. Each member shall
hold office until a successor is appointed and has qualified
and any vacancy shall be filled by appointment for the
unexpired portion of the term. A designated representative
from each of the following: The work force training and
education coordinating board, state board for community and
[Title 49 RCW—page 1]
49.04.010
Title 49 RCW: Labor Regulations
technical colleges, employment security department, and
United States department of labor, apprenticeship, training,
employer, and labor services, shall be ex officio members of
the apprenticeship council. Ex officio members shall have
no vote. Each member of the council, not otherwise
compensated by public moneys, shall be reimbursed for
travel expenses in accordance with RCW 43.03.050 and
43.03.060 and shall be compensated in accordance with
RCW 43.03.240. The apprenticeship council is authorized
to approve apprenticeship programs, and establish apprenticeship program standards as rules, including requirements for
apprentice-related and supplemental instruction, coordination
of instruction with job experiences, and instructor qualifications. The council shall consider recommendations from
the state board for community and technical colleges on
matters of apprentice-related and supplemental instruction,
coordination of instruction with job experiences, and instructor qualifications. The rules for apprenticeship instructor
qualifications shall either be by reference or reasonably
similar to the applicable requirements established by or
pursuant to chapter 28B.50 RCW. The council is further
authorized to issue such rules as may be necessary to carry
out the intent and purposes of this chapter, including a
procedure to resolve an impasse should a tie vote of the
council occur, and perform such other duties as are hereinafter imposed.
Not less than once a year the apprenticeship council
shall make a report to the director of labor and industries of
its activities and findings which shall be available to the
public. [2001 c 204 § 1; 1984 c 287 § 97; 1982 1st ex.s. c
39 § 2; 1979 ex.s. c 37 § 1; 1977 c 75 § 72; 1975-’76 2nd
ex.s. c 34 § 143; 1967 c 6 § 1; 1961 c 114 § 1; 1941 c 231
§ 1; Rem. Supp. 1941 § 7614-3. Formerly RCW 49.04.010
and 49.04.020.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
49.04.030 Supervisor of apprenticeship—Duties.
Subject to the confirmation of the state apprenticeship
council by a majority vote, the director of labor and industries shall appoint and deputize an assistant director to be
known as the supervisor of apprenticeship. Under the
supervision of the director of labor and industries and with
the advice and guidance of the apprenticeship council, the
supervisor shall: (1) Encourage and promote apprenticeship
programs conforming to the standards established under this
chapter, and in harmony with the policies of the United
States department of labor; (2) act as secretary of the
apprenticeship council and of state apprenticeship committees; (3) when authorized by the apprenticeship council,
register apprenticeship agreements that are in the best
interests of the apprentice and conform with standards established under this chapter; (4) keep a record of apprenticeship
agreements and upon successful completion issue certificates
of completion of apprenticeship; and (5) terminate or cancel
any apprenticeship agreements in accordance with the
provisions of the agreements.
The supervisor may act to bring about the settlement of
differences arising out of the apprenticeship agreement where
such differences cannot be adjusted locally. The director of
[Title 49 RCW—page 2]
labor and industries is authorized to appoint such other
personnel as may be necessary to aid the supervisor of
apprenticeship in the execution of the supervisor’s functions
under this chapter. [2001 c 204 § 2; 1979 ex.s. c 37 § 2;
1961 c 114 § 2; 1941 c 231 § 2; Rem. Supp. 1941 §
7614-4.]
Rehabilitation services for individuals with disabilities: Chapter 74.29
RCW.
49.04.040
Apprenticeship committees—
Composition—Duties. Upon July 22, 2001, all newly approved apprenticeship programs must be represented by
either a unilateral or joint apprenticeship committee.
Apprenticeship committees must conform to this chapter, the
rules adopted by the apprenticeship council, and 29 C.F.R.
Part 29 and must be approved by the apprenticeship council.
Apprenticeship committees may be approved whenever the
apprentice training needs justify such establishment. Such
apprenticeship committees shall be composed of an equal
number of employer and employee representatives who may
be chosen:
(1) From names submitted by the respective local or
state employer and employee organizations served by the
apprenticeship committee; or
(2) In a manner which selects representatives of management and nonmanagement served by the apprenticeship
committee. The council may act as the apprentice representative when the council determines there is no feasible
method to choose nonmanagement representatives.
Apprenticeship committees shall devise standards for
apprenticeship programs and operate such programs in
accordance with the standards established by this chapter and
by council-adopted rules. The council and supervisor may
provide aid and technical assistance to apprenticeship
program sponsors and applicants, or potential applicants.
[2001 c 204 § 3; 1941 c 231 § 3; Rem. Supp. 1941 §
7614-5.]
49.04.050 Apprenticeship program standards. To
be eligible for registration, apprenticeship program standards
must conform to the rules adopted by the apprenticeship
council. [2001 c 204 § 4; 1979 ex.s. c 37 § 3; 1961 c 114
§ 3; 1941 c 231 § 4; Rem. Supp. 1941 § 7614-6.]
49.04.060 Apprenticeship agreements. For the
purposes of this chapter an apprenticeship agreement is a
written agreement between an apprentice and either the
apprentice’s employer or employers, or an apprenticeship
committee acting as agent for an employer or employers,
containing the terms and conditions of the employment and
training of the apprentice. [2001 c 204 § 5; 1941 c 231 § 5;
Rem. Supp. 1941 § 7614-7.]
49.04.070 Limitation. The provisions of this chapter
shall apply to a person, firm, corporation or craft only after
such person, firm, corporation or craft has voluntarily elected
to conform with its provisions. [1941 c 231 § 6; Rem.
Supp. 1941 § 7614-8.]
49.04.080 On-the-job training agreements and
projects—Supervisor to promote. Under the supervision
(2002 Ed.)
Apprenticeship
of the director of labor and industries and with the advice
and guidance of the apprenticeship council, the supervisor of
apprenticeship shall encourage and promote the making of
such other types of on-the-job training agreements and
projects, in addition to apprenticeship agreements, as the
supervisor shall find meritorious. [2001 c 204 § 6; 1963 c
172 § 1.]
49.04.090 On-the-job training agreements and
projects—Agreements with federal agencies. The director
of labor and industries shall have authority to enter into and
perform, through the supervisor of apprenticeship, agreements with appropriate federal departments or agencies for
the development, administration and servicing of on-the-job
training projects. Further, the director of labor and industries, through the supervisor of apprenticeship, shall have
power to receive and administer funds provided by the
federal government for such purposes. [1963 c 172 § 2.]
49.04.100 Apprenticeship programs—Civil rights
act advancement. As provided by the rules adopted by the
apprenticeship council, apprenticeship programs entered into
under authority of this chapter with five or more apprentices
shall conform with 29 C.F.R. Part 30 to the extent required
by federal law while advancing the nondiscriminatory
principles of the Washington state civil rights act, RCW
49.60.400. [2001 c 204 § 7; 1995 c 67 § 7; 1990 c 72 § 1;
1985 c 6 § 17; 1969 ex.s. c 183 § 2.]
Purpose—Construction—1990 c 72; 1969 ex.s. c 183: "It is the
policy of the legislature and the purpose of this act to provide every citizen
in this state a reasonable opportunity to enjoy employment and other
associated rights, benefits, privileges, and to help women and racial
minorities realize in a greater measure the goals upon which this nation and
this state were founded. All the provisions of this act shall be liberally
construed to achieve these ends, and administered and enforced with a view
to carry out the above declaration of policy." [1990 c 72 § 5; 1969 ex.s. c
183 § 1.]
Severability—1969 ex.s. c 183: "If any provision of this 1969 act,
or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1969 ex.s. c 183 § 8.]
49.04.110 Woman and racial minority representation in apprenticeship programs—Noncompliance. When
it shall appear to the department of labor and industries that
any apprenticeship program referred to in RCW 49.04.100
has failed to comply with the woman or racial minority
representation requirement hereinabove in such section referred to by January 1, 1970, which fact shall be determined
by reports the department may request or in such other
manner as it shall see fit, then the same shall be deemed
prima facie evidence of noncompliance with RCW 49.04.100
through 49.04.130 and thereafter no state funds or facilities
shall be expended upon such program: PROVIDED, That
prior to such withdrawal of funds evidence shall be received
and state funds or facilities shall not be denied if there is a
showing of a genuine effort to comply with the provisions of
RCW 49.04.100 through 49.04.130 as to entrance of women
and racial minorities into the program. The director shall
notify the appropriate federal authorities if there is noncompliance with the woman and racial minority representation
qualification under any apprenticeship program as provided
(2002 Ed.)
49.04.080
for in RCW 49.04.100 through 49.04.130. [1990 c 72 § 2;
1969 ex.s. c 183 § 3.]
49.04.120 Woman and racial minority representation—Community colleges, vocational, or high schools to
enlist woman and racial minority representation in
apprenticeship programs. Every community college,
vocational school, or high school carrying on a program of
vocational education shall make every effort to enlist woman
and racial minority representation in the apprenticeship
programs within the state and are authorized to carry out
such purpose in such ways as they shall see fit. [1990 c 72
§ 3; 1969 ex.s. c 183 § 4.]
49.04.130 Woman and racial minority representation—Employer and employee organizations, apprenticeship council and committees, etc., to enlist woman
and racial minority representation in apprenticeship
programs. Every employer and employee organization as
well as the apprenticeship council and local and state
apprenticeship committees and vocational schools shall make
every effort to enlist woman and racial minority representation in the apprenticeship programs of the state and shall
be aided therein by the department of labor and industries
insofar as such department may be able to so do without
undue interference with its other powers and duties. In
addition, the legislature, in fulfillment of the public welfare,
mandates those involved in apprenticeship training with the
responsibility of making every effort to see that woman and
racial minority representatives in such programs pursue the
same to a successful conclusion. [1990 c 72 § 4; 1969 ex.s.
c 183 § 5.]
49.04.140 Transportation opportunities. (Effective
if Referendum Bill No. 51 is approved at the November
2002 general election.) The apprenticeship council shall
work with the department of transportation, local transportation jurisdictions, local and statewide joint apprenticeships,
other apprenticeship programs, representatives of labor and
business organizations with interest and expertise in the
transportation work force, and representatives of the state’s
universities and community and vocational colleges to
establish technical apprenticeship opportunities specific to
the needs of transportation. The council shall issue a report
of findings and recommendations to the transportation
committees of the legislature by December 1, 2002. The
report must include, but not be limited to, findings and
recommendations regarding the establishment of transportation technical training programs within the community and
vocational college system and in the state universities. [2002
c 5 § 302.]
Contingency—2002 c 5 §§ 301-308: "Sections 301 through 308 and
*310 of this act are null and void if **new transportation revenues do not
become law by January 1, 2003." [2002 c 5 § 309.]
Reviser’s note: *(1) Section 310 is an uncodified appropriation
section.
**(2) "New transportation revenues" are found in 2002 c 202, subject
to approval at the November 2002 general election as Referendum Bill No.
51.
Findings—Intent—2002 c 5 §§ 301-308: "(1) The legislature finds
that a skilled technical work force is necessary for maintaining, preserving,
and improving Washington’s transportation system. The Blue Ribbon
[Title 49 RCW—page 3]
49.04.140
Title 49 RCW: Labor Regulations
Commission on Transportation found that state and local transportation
agencies are showing signs of a work force that is insufficiently skilled to
operate the transportation system at its highest level. Sections 301 through
308 of this act are intended to explore methods for fostering a stronger
industry in transportation planning and engineering.
(2) It is the intent of the legislature that the state prevailing wage
process operate efficiently, that the process allow contractors and workers
to be paid promptly, and that new technologies and innovative outreach
methods be used to enhance wage surveys in order to better reflect current
wages in counties across the state.
(3) The legislature finds that in order to enhance the prevailing wage
process it is appropriate for all intent and affidavit fees paid by contractors
be dedicated to the sole purpose of administering the state prevailing wage
program.
(4) To accomplish the intent of this section and in order to enhance
the response of businesses and labor representatives to the prevailing wage
survey process, the department shall undertake the following activities:
(a) Establish a goal of conducting surveys for each trade every three
years;
(b) Actively promote increased response rates from all survey
recipients in every county both urban and rural. The department shall
provide public education and technical assistance to businesses, labor
representatives, and public agencies in order to promote a better understanding of prevailing wage laws and increased participation in the prevailing
wage survey process;
(c) Actively work with businesses, labor representatives, public
agencies, and others to ensure the integrity of information used in the
development of prevailing wage rates, and ensure uniform compliance with
requirements of sections 301 through 308 of this act;
(d) Maintain a timely processing of intents and affidavits, with a target
processing time no greater than seven working days from receipt of
completed forms;
(e) Develop and implement electronic processing of intents and
affidavits and promote the efficient and effective use of technology to
improve the services provided by the prevailing wage program." [2002 c
5 § 301.]
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
49.04.900 Severability—1941 c 231. If any provision
of this chapter, or the application thereof to any person or
circumstances, is held invalid, the remainder of the chapter,
and the application of such provision to other persons and
circumstances, shall not be affected thereby. [1941 c 231 §
8; no RRS.]
49.04.910 Chapter not affected by certain laws
against discrimination in employment because of age.
The amendments made by chapter 100, Laws of 1961 shall
not be construed as modifying chapter 231, Laws of 1941 as
amended, or as applying to any standards established
thereunder or employment pursuant to any bona fide agreements entered into thereunder. [1961 c 100 § 6.]
Reviser’s note: (1) Chapter 100, Laws of 1961 amended RCW
49.60.180, 49.60.190, 49.60.200 and reenacted RCW 49.60.310 to include
age as an element of discrimination, and such chapter added a new section
codified as RCW 49.44.090 relating to unfair practices in employment
because of age.
(2) Chapter 231, Laws of 1941 is the apprenticeship law codified in
chapter 49.04 RCW.
Chapter 49.08
ARBITRATION OF DISPUTES
Sections
49.08.010
49.08.020
49.08.030
Duty of director—Mediation—Board of arbitration selected—Board’s findings final.
Procedure for arbitration.
Service of process.
[Title 49 RCW—page 4]
49.08.040 Compensation and travel expenses of arbitrators.
49.08.050 Failure to arbitrate—Statement of facts—Publicity.
49.08.060 Tender on exhaustion of available funds.
Arbitration: Chapter 7.04 RCW.
Collective bargaining with employees of city-owned utilities: RCW
35.22.350.
Marine employees—Public employment relations: Chapter 47.64 RCW.
Supervisor of industrial relations: RCW 43.22.260.
49.08.010 Duty of director—Mediation—Board of
arbitration selected—Board’s findings final. It shall be
the duty of the chairman of the public employment relations
commission upon application of any employer or employee
having differences, as soon as practicable, to visit the
location of such differences and to make a careful inquiry
into the cause thereof and to advise the respective parties,
what, if anything, ought to be done or submitted to by both
to adjust said dispute and should said parties then still fail to
agree to a settlement through said chairman, then said
chairman shall endeavor to have said parties consent in
writing to submit their differences to a board of arbitrations
to be chosen from citizens of the state as follows, to wit:
Said employer shall appoint one and said employees acting
through a majority, one, and these two shall select a third,
these three to constitute the board of arbitration and the
findings of said board of arbitration to be final. [1975 1st
ex.s. c 296 § 36; 1903 c 58 § 1; RRS § 7667.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
Public employment relations commission: Chapter 41.58 RCW.
49.08.020 Procedure for arbitration. The proceedings of said board of arbitration shall be held before the
chairman of the public employment relations commission
who shall act as moderator or chairman, without the privilege of voting, and who shall keep a record of the proceedings, issue subpoenas and administer oaths to the members
of said board, and any witness said board may deem
necessary to summon. [1975 1st ex.s. c 296 § 37; 1903 c 58
§ 2; RRS § 7668.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
49.08.030 Service of process. Any notice or process
issued by the board herein created, shall be served by any
sheriff, coroner or constable to whom the same may be
directed, or in whose hands the same may be placed for
service. [1903 c 58 § 3; RRS § 7669.]
49.08.040 Compensation and travel expenses of
arbitrators. Such arbitrators shall receive five dollars per
day for each day actually engaged in such arbitration and
travel expenses in accordance with RCW 43.03.050 and
43.03.060 as now existing or hereafter amended to be paid
upon certificates of the director of labor and industries out
of the fund appropriated for the purpose or at the disposal of
the department of labor and industries applicable to such
expenditure. [1975-’76 2nd ex.s. c 34 § 144; 1903 c 58 § 4;
RRS § 7670.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
(2002 Ed.)
Arbitration of Disputes
49.08.050 Failure to arbitrate—Statement of facts—
Publicity. Upon the failure of the director of labor and
industries, in any case, to secure the creation of a board of
arbitration, it shall become his duty to request a sworn
statement from each party to the dispute of the facts upon
which their dispute and their reasons for not submitting the
same to arbitration are based. Any sworn statement made to
the director of labor and industries under this provision shall
be for public use and shall be given publicly in such
newspapers as desire to use it. [1903 c 58 § 5; RRS §
7671.]
49.08.060 Tender on exhaustion of available funds.
There is hereby appropriated out of the state treasury from
funds not otherwise appropriated the sum of three thousand
dollars, or so much thereof as may be necessary, to carry out
the provisions of this chapter. In case the funds herein
provided are exhausted and either party to a proposed
arbitration shall tender the necessary expenses for conducting
said arbitration, then it shall be the duty of the director of
labor and industries to request the opposite party to arbitrate
such differences in accordance with the provisions of this
chapter. [1903 c 58 § 6; RRS § 7672.]
Chapter 49.12
INDUSTRIAL WELFARE
Sections
49.12.005
49.12.010
49.12.020
49.12.033
49.12.041
49.12.050
49.12.091
49.12.101
49.12.105
49.12.110
49.12.121
49.12.123
49.12.124
49.12.130
49.12.140
49.12.150
49.12.170
49.12.175
49.12.180
49.12.185
49.12.187
49.12.200
49.12.240
49.12.250
49.12.260
49.12.265
49.12.270
49.12.275
49.12.280
(2002 Ed.)
Definitions.
Declaration.
Conditions of employment—Wages.
Administration and enforcement of chapter by director of
labor and industries.
Investigation of wages, hours and working conditions—
Statements, inspections authorized.
Employer’s record of employees.
Investigation information—Findings—Rules prescribing
minimum wages, working conditions.
Hearing.
Variance order—Application—Issuance—Contents—
Termination.
Exceptions to minimum scale—Special certificate or permit.
Wages and working conditions of minors—Special rules—
Work permits.
Work permit for minor required.
Actors or performers—Work permits and variances for minors.
Witness protected—Penalty.
Complaint of noncompliance.
Civil action to recover underpayment.
Penalty.
Wage discrimination due to sex prohibited—Penalty—Civil
recovery.
Annual report.
Exemptions from chapter.
Collective bargaining rights not affected.
Women may pursue any calling open to men.
Employee inspection of personnel file.
Employee inspection of personnel file—Erroneous or disputed information.
Employee inspection of personnel file—Limitations.
Sick leave, time off—Care of family members—Definitions.
Sick leave, time off—Care of family members.
Sick leave, time off—Care of family members—Poster required.
Sick leave, time off—Care of family members—
Administration and enforcement.
49.08.050
49.12.285
Sick leave, time off—Care of family members—Monetary
penalties.
49.12.287 Sick leave, time off—Care of family members—Discharge
of employee not permitted.
49.12.290 Sick leave, time off—Care of family members—Collective
bargaining agreement not reduced.
49.12.295 Sick leave, time off—Care of family members—Notification
of employers.
49.12.300 House-to-house sales by minor—Registration of employer.
49.12.310 House-to-house sales by minor—Advertising by employer—
Penalty.
49.12.320 Definitions.
49.12.330 Rules.
49.12.350 Parental leave—Legislative findings.
49.12.360 Parental leave—Discrimination prohibited.
49.12.370 Parental leave—Collective bargaining agreement or employee benefit plan—Application.
49.12.380 Child labor laws—Information program.
49.12.390 Child labor laws—Violations—Civil penalties—Restraining
orders.
49.12.400 Child labor laws—Appeal.
49.12.410 Child labor laws—Violations—Criminal penalties.
49.12.420 Child labor laws—Exclusive remedies.
49.12.450 Compensation for required employee work apparel—
Exceptions—Changes—Rules—Expiration of subsection.
49.12.460 Volunteer fire fighters—Employer duties—Violations.
49.12.900 Severability—1973 2nd ex.s. c 16.
49.12.901 Severability—1991 c 303.
49.12.902 Effective date—1991 c 303 §§ 3-7.
Reviser’s note: Throughout this chapter, the words "the committee"
have been substituted for "the industrial welfare commission" or "the
commission."
The industrial welfare commission was abolished and its powers and
duties transferred to a new agency by the administrative code of 1921. In
particular, 1921 c 7 § 135 abolished the commission while 1921 c 7 § 82
created an unnamed committee "which shall have the power and it shall be
its duty:
(1) To exercise all the powers and perform all the duties now vested
in, and required to be performed by, the industrial welfare commission."
1921 c 7 § 82 was codified by the 1941 Code Committee as RCW
43.22.280, wherein the Code Committee revised the wording of the session
law to designate the unnamed committee as the "industrial welfare
committee." The committee was apparently commonly known by that
name, but such designation has no foundation in the statutes. RCW
43.22.280 was repealed by 1982 c 163 § 23. Powers, duties, and functions
of the industrial welfare committee were transferred to the director of labor
and industries. See RCW 43.22.282.
Child labor: RCW 26.28.060, 26.28.070.
Food and beverage establishment workers’ permits: Chapter 69.06 RCW.
Hours of labor: Chapter 49.28 RCW.
49.12.005 Definitions. For the purposes of this
chapter:
(1) The term "department" means the department of
labor and industries.
(2) The term "director" means the director of the
department of labor and industries, or the director’s designated representative.
(3) The term "employer" means any person, firm,
corporation, partnership, business trust, legal representative,
or other business entity which engages in any business,
industry, profession, or activity in this state and employs one
or more employees and for the purposes of RCW 49.12.270
through 49.12.295 and 49.12.450 also includes the state, any
state institution, any state agency, political subdivisions of
the state, and any municipal corporation or quasi-municipal
corporation.
(4) The term "employee" means an employee who is
employed in the business of the employee’s employer
whether by way of manual labor or otherwise.
[Title 49 RCW—page 5]
49.12.005
Title 49 RCW: Labor Regulations
(5) The term "conditions of labor" shall mean and
include the conditions of rest and meal periods for employees including provisions for personal privacy, practices,
methods and means by or through which labor or services
are performed by employees and includes bona fide physical
qualifications in employment, but shall not include conditions of labor otherwise governed by statutes and rules and
regulations relating to industrial safety and health administered by the department.
(6) For the purpose of chapter 16, Laws of 1973 2nd ex.
sess. a minor is defined to be a person of either sex under
the age of eighteen years. [1998 c 334 § 1; 1994 c 164 §
13; 1988 c 236 § 8; 1973 2nd ex.s. c 16 § 1.]
Construction—1998 c 334: See note following RCW 49.12.450.
Legislative findings—Effective date—Implementation—
Severability—1988 c 236: See notes following RCW 49.12.270.
49.12.010 Declaration. The welfare of the state of
Washington demands that all employees be protected from
conditions of labor which have a pernicious effect on their
health. The state of Washington, therefore, exercising herein
its police and sovereign power declares that inadequate
wages and unsanitary conditions of labor exert such pernicious effect. [1973 2nd ex.s. c 16 § 2; 1913 c 174 § 1; RRS
§ 7623.]
49.12.020 Conditions of employment—Wages. It
shall be unlawful to employ any person in any industry or
occupation within the state of Washington under conditions
of labor detrimental to their health; and it shall be unlawful
to employ workers in any industry within the state of Washington at wages which are not adequate for their maintenance. [1973 2nd ex.s. c 16 § 3; 1913 c 174 § 2; RRS §
7624.]
49.12.033 Administration and enforcement of
chapter by director of labor and industries. See RCW
43.22.270(5).
49.12.041 Investigation of wages, hours and working conditions—Statements, inspections authorized. It
shall be the responsibility of the director to investigate the
wages, hours and conditions of employment of all employees, including minors, except as may otherwise be provided
in chapter 16, Laws of 1973 2nd ex. sess. The director, or
the director’s authorized representative, shall have full
authority to require statements from all employers, relative
to wages, hours and working conditions and to inspect the
books, records and physical facilities of all employers
subject to chapter 16, Laws of 1973 2nd ex. sess. Such
examinations shall take place within normal working hours,
within reasonable limits and in a reasonable manner. [1994
c 164 § 14; 1973 2nd ex.s. c 16 § 5.]
49.12.050 Employer’s record of employees. Every
employer shall keep a record of the names of all employees
employed by him, and shall on request permit the director to
inspect such record. [1994 c 164 § 15; 1973 2nd ex.s. c 16
§ 14; 1913 c 174 § 7; RRS § 7626.]
[Title 49 RCW—page 6]
49.12.091 Investigation information—Findings—
Rules prescribing minimum wages, working conditions.
After an investigation has been conducted by the department
of wages, hours and conditions of labor subject to chapter
16, Laws of 1973 2nd ex. sess., the director shall be furnished with all information relative to such investigation of
wages, hours and working conditions, including current
statistics on wage rates in all occupations subject to the
provisions of chapter 16, Laws of 1973 2nd ex. sess. Within
a reasonable time thereafter, if the director finds that in any
occupation, trade or industry, subject to chapter 16, Laws of
1973 2nd ex. sess., the wages paid to employees are inadequate to supply the necessary cost of living, but not to
exceed the state minimum wage as prescribed in RCW
49.46.020, as now or hereafter amended, or that the conditions of labor are detrimental to the health of employees, the
director shall have authority to prescribe rules and regulations for the purpose of adopting minimum wages for
occupations not otherwise governed by minimum wage
requirements fixed by state or federal statute, or a rule or
regulation adopted under such statute, and, at the same time
have the authority to prescribe rules and regulations fixing
standards, conditions and hours of labor for the protection of
the safety, health and welfare of employees for all or
specified occupations subject to chapter 16, Laws of 1973
2nd ex. sess. Thereafter, the director shall conduct a public
hearing in accordance with the procedures of the administrative procedure act, chapter 34.05 RCW, for the purpose of
the adoption of rules and regulations fixing minimum wages
and standards, conditions and hours of labor subject to the
provisions of chapter 16, Laws of 1973 2nd ex. sess. After
such rules become effective, copies thereof shall be supplied
to employers who may be affected by such rules and such
employers shall post such rules, where possible, in such
place or places, reasonably accessible to all employees of
such employer. After the effective date of such rules, it
shall be unlawful for any employer in any occupation subject
to chapter 16, Laws of 1973 2nd ex. sess. to employ any
person for less than the rate of wages specified in such rules
or under conditions and hours of labor prohibited for any
occupation specified in such rules: PROVIDED, That this
section shall not apply to sheltered workshops. [1994 c 164
§ 16; 1973 2nd ex.s. c 16 § 6.]
49.12.101 Hearing. Whenever wages, standards,
conditions and hours of labor have been established by rule
and regulation of the director, the director may upon
application of either employers or employees conduct a
public hearing for the purpose of the adoption, amendment
or repeal of rules and regulations adopted under the authority
of chapter 16, Laws of 1973 2nd ex. sess. [1994 c 164 §
17; 1973 2nd ex.s. c 16 § 7.]
49.12.105 Variance order—Application—Issuance—
Contents—Termination. An employer may apply to the
director for an order for a variance from any rule or regulation establishing a standard for wages, hours, or conditions
of labor adopted by the director under this chapter. The
director shall issue an order granting a variance if the
director determines or decides that the applicant for the
variance has shown good cause for the lack of compliance.
(2002 Ed.)
Industrial Welfare
Any order so issued shall prescribe the conditions the
employer must maintain, and the practices, means, methods,
operations, standards and processes which the employer must
adopt and utilize to the extent they differ from the standard
in question. At any time the director may terminate and
revoke such order, provided the employer was notified by
the director of the termination at least thirty days prior to
said termination. [1994 c 164 § 18; 1973 2nd ex.s. c 16 §
8.]
49.12.110 Exceptions to minimum scale—Special
certificate or permit. For any occupation in which a
minimum wage has been established, the director may issue
to an employer, a special certificate or permit for an employee who is physically or mentally handicapped to such a
degree that he or she is unable to obtain employment in the
competitive labor market, or to a trainee or learner not otherwise subject to the jurisdiction of the apprenticeship council,
a special certificate or permit authorizing the employment of
such employee for a wage less than the legal minimum
wage; and the director shall fix the minimum wage for said
person, such special certificate or permit to be issued only in
such cases as the director may decide the same is applied for
in good faith and that such certificate or permit shall be in
force for such length of time as the director shall decide and
determine is proper. [1994 c 164 § 19; 1977 ex.s. c 80 §
35; 1973 2nd ex.s. c 16 § 13; 1913 c 174 § 13; RRS §
7632.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
49.12.121 Wages and working conditions of minors—Special rules—Work permits. (1) The department
may at any time inquire into wages, hours, and conditions of
labor of minors employed in any trade, business, or occupation in the state of Washington and may adopt special rules
for the protection of the safety, health, and welfare of minor
employees. However, the rules may not limit the hours per
day or per week, or other specified work period, that may be
worked by minors who are emancipated by court order.
(2) The department shall issue work permits to employers for the employment of minors, after being assured the
proposed employment of a minor meets the standards for the
health, safety, and welfare of minors as set forth in the rules
adopted by the department. No minor person shall be
employed in any occupation, trade, or industry subject to
chapter 16, Laws of 1973 2nd ex. sess., unless a work permit
has been properly issued, with the consent of the parent,
guardian, or other person having legal custody of the minor
and with the approval of the school which such minor may
then be attending. However, the consent of a parent,
guardian, or other person, or the approval of the school
which the minor may then be attending, is unnecessary if the
minor is emancipated by court order.
(3) The minimum wage for minors shall be as prescribed in RCW 49.46.020. [1993 c 294 § 9; 1989 c 1 § 3
(Initiative Measure No. 518, approved November 8, 1988);
1973 2nd ex.s. c 16 § 15.]
Effective date—1993 c 294: See RCW 13.64.900.
Effective date—1989 c 1 (Initiative Measure No. 518): See note
following RCW 49.46.010.
(2002 Ed.)
49.12.105
49.12.123 Work permit for minor required. In
implementing state policy to assure the attendance of
children in the public schools it shall be required of any
person, firm or corporation employing any minor under the
age of eighteen years to obtain a work permit as set forth in
RCW 49.12.121 and keep such permit on file during the
employment of such minor, and upon termination of such
employment of such minor to return such permit to the
department of labor and industries. [1991 c 303 § 8; 1983
c 3 § 156; 1973 c 51 § 3.]
Severability—1973 c 51: See note following RCW 28A.225.010.
49.12.124 Actors or performers—Work permits and
variances for minors. For all minors employed as actors or
performers in film, video, audio, or theatrical productions,
the department shall issue a permit under RCW 49.12.121
and a variance under RCW 49.12.105 upon finding that the
terms of the employment sufficiently protect the minor’s
health, safety, and welfare. The findings shall be based on
information provided to the department including, but not
limited to, the minor’s working conditions and planned work
schedule, adult supervision of the minor, and any planned
educational programs. [1994 c 62 § 2.]
49.12.130 Witness protected—Penalty. Any employer who discharges, or in any other manner discriminates
against any employee because such employee has testified or
is about to testify, or because such employer believes that
said employee may testify in any investigation or proceedings relative to the enforcement of RCW 49.12.010 through
49.12.180, shall be deemed guilty of a misdemeanor and
upon conviction thereof, shall be punished by a fine of from
twenty-five dollars to one hundred dollars for each such
misdemeanor. [1913 c 174 § 16; RRS § 7635.]
49.12.140 Complaint of noncompliance. Any worker
or the parent or guardian of any minor to whom RCW
49.12.010 through 49.12.180 applies may complain to the
director that the wages paid to the workers are less than the
minimum rate and the director shall investigate the same and
proceed under RCW 49.12.010 through 49.12.180 in behalf
of the worker. [1994 c 164 § 20; 1913 c 174 § 17 1/2; RRS
§ 7637.]
49.12.150 Civil action to recover underpayment. If
any employee shall receive less than the legal minimum
wage, except as hereinbefore provided in RCW 49.12.110,
said employee shall be entitled to recover in a civil action
the full amount of the legal minimum wage as herein
provided for, together with costs and attorney’s fees to be
fixed by the court, notwithstanding any agreement to work
for such lesser wage. In such action, however, the employer
shall be credited with any wages which have been paid upon
account. [1913 c 174 § 18; RRS § 7638.]
49.12.170 Penalty. Except as otherwise provided in
RCW 49.12.390 or 49.12.410, any employer employing any
person for whom a minimum wage or standards, conditions,
and hours of labor have been specified, at less than said
[Title 49 RCW—page 7]
49.12.170
Title 49 RCW: Labor Regulations
minimum wage, or under standards, or conditions of labor or
at hours of labor prohibited by the rules and regulations of
the director; or violating any other of the provisions of
chapter 16, Laws of 1973 2nd ex. sess., shall be deemed
guilty of a misdemeanor, and shall, upon conviction thereof,
be punished by a fine of not less than twenty-five dollars nor
more than one thousand dollars. [1994 c 164 § 21; 1991 c
303 § 6; 1973 2nd ex.s. c 16 § 16; 1913 c 174 § 17; RRS §
7636.]
Witnesses protected—Penalty: RCW 49.12.130.
49.12.175 Wage discrimination due to sex prohibited—Penalty—Civil recovery. Any employer in this state,
employing both males and females, who shall discriminate
in any way in the payment of wages as between sexes or
who shall pay any female a less wage, be it time or piece
work, or salary, than is being paid to males similarly employed, or in any employment formerly performed by males,
shall be guilty of a misdemeanor. If any female employee
shall receive less compensation because of being discriminated against on account of her sex, and in violation of this
section, she shall be entitled to recover in a civil action the
full amount of compensation that she would have received
had she not been discriminated against. In such action,
however, the employer shall be credited with any compensation which has been paid to her upon account. A differential in wages between employees based in good faith on a
factor or factors other than sex shall not constitute discrimination within the meaning of RCW 49.12.010 through
49.12.180. [1943 c 254 § 1; Rem. Supp. 1943 § 7636-1.
Formerly RCW 49.12.210.]
49.12.180 Annual report. The director shall report
annually to the governor on its investigations and proceedings. [1994 c 164 § 22; 1977 c 75 § 73; 1913 c 174 § 20;
RRS § 7640.]
49.12.185 Exemptions from chapter. Chapter 16,
Laws of 1973 2nd ex. sess. shall not apply to newspaper
vendors or carriers and domestic or casual labor in or about
private residences and agricultural labor as defined in RCW
50.04.150, as now or hereafter amended. [1973 2nd ex.s. c
16 § 17.]
49.12.187 Collective bargaining rights not affected.
This chapter shall not be construed to interfere with, impede,
or in any way diminish the right of employees to bargain
collectively with their employers through representatives of
their own choosing concerning wages or standards or
conditions of employment. [1973 2nd ex.s. c 16 § 18.]
49.12.200 Women may pursue any calling open to
men. That hereafter in this state every avenue of employment shall be open to women; and any business, vocation,
profession and calling followed and pursued by men may be
followed and pursued by women, and no person shall be
disqualified from engaging in or pursuing any business,
vocation, profession, calling or employment or excluded
from any premises or place of work or employment on
[Title 49 RCW—page 8]
account of sex. [1963 c 229 § 1; 1890 p 519 § 1; RRS §
7620.]
Qualifications of electors: State Constitution Art. 6 § 1 (Amendment 63).
Sex equality—Rights and responsibility: State Constitution Art. 31 §§ 1, 2
(Amendment 61).
49.12.240 Employee inspection of personnel file.
Every employer shall, at least annually, upon the request of
an employee, permit that employee to inspect any or all of
his or her own personnel file(s). [1985 c 336 § 1.]
Destruction or retention of information relating to state employee misconduct: RCW 41.06.450 through 41.06.460.
49.12.250 Employee inspection of personnel file—
Erroneous or disputed information. (1) Each employer
shall make such file(s) available locally within a reasonable
period of time after the employee requests the file(s).
(2) An employee annually may petition that the employer review all information in the employee’s personnel file(s)
that are regularly maintained by the employer as a part of his
business records or are subject to reference for information
given to persons outside of the company. The employer
shall determine if there is any irrelevant or erroneous
information in the file(s), and shall remove all such information from the file(s). If an employee does not agree with the
employer’s determination, the employee may at his or her
request have placed in the employee’s personnel file a
statement containing the employee’s rebuttal or correction.
Nothing in this subsection prevents the employer from
removing information more frequently.
(3) A former employee shall retain the right of rebuttal
or correction for a period not to exceed two years. [1985 c
336 § 2.]
49.12.260 Employee inspection of personnel file—
Limitations. RCW 49.12.240 and 49.12.250 do not apply
to the records of an employee relating to the investigation of
a possible criminal offense. RCW 49.12.240 and 49.12.250
do not apply to information or records compiled in preparation for an impending lawsuit which would not be available
to another party under the rules of pretrial discovery for
causes pending in the superior courts. [1985 c 336 § 3.]
49.12.265 Sick leave, time off—Care of family
members—Definitions. (Effective January 1, 2003.) The
definitions in this section apply throughout RCW 49.12.270
through 49.12.295 unless the context clearly requires otherwise.
(1) "Child" means a biological, adopted, or foster child,
a stepchild, a legal ward, or a child of a person standing in
loco parentis who is: (a) Under eighteen years of age; or (b)
eighteen years of age or older and incapable of self-care
because of a mental or physical disability.
(2) "Grandparent" means a parent of a parent of an
employee.
(3) "Parent" means a biological parent of an employee
or an individual who stood in loco parentis to an employee
when the employee was a child.
(4) "Parent-in-law" means a parent of the spouse of an
employee.
(2002 Ed.)
Industrial Welfare
(5) "Sick leave or other paid time off" means time
allowed under the terms of an appropriate collective bargaining agreement or employer policy, as applicable, to an
employee for illness, vacation, and personal holiday.
(6) "Spouse" means a husband or wife, as the case may
be. [2002 c 243 § 2.]
Effective date—2002 c 243: "This act takes effect January 1, 2003."
[2002 c 243 § 4.]
49.12.270 Sick leave, time off—Care of family
members. (Effective until January 1, 2003.) An employer
shall allow an employee to use the employee’s accrued sick
leave to care for a child of the employee under the age of
eighteen with a health condition that requires treatment or
supervision. Use of leave other than accrued sick leave to
care for a child under the circumstances described in this
section shall be governed by the terms of the appropriate
collective bargaining agreement or employer policy, as
applicable. [1988 c 236 § 3.]
Legislative findings—1988 c 236: "The legislature recognizes the
changing nature of the work force brought about by increasing numbers of
working mothers, single parent households, and dual career families. The
legislature finds that the needs of families must be balanced with the
demands of the workplace to promote family stability and economic
security. The legislature further finds that it is in the public interest for
employers to accommodate employees by providing reasonable leaves from
work for family reasons. In order to promote family stability, economic
security, and the public interest, the legislature hereby establishes a
minimum standard for family care. Nothing contained in this act shall
prohibit any employer from establishing family care standards more
generous than the minimum standards set forth in this act." [1988 c 236 §
1.]
Effective date—1988 c 236: "This act shall take effect on September
1, 1988." [1988 c 236 § 12.]
Implementation—1988 c 236: "Prior to September 1, 1988, the
department of labor and industries may take such steps as are necessary to
ensure that chapter 236, Laws of 1988 is implemented on September 1,
1988." [1988 c 236 § 10.]
Severability—1988 c 236: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 236 § 11.]
49.12.270 Sick leave, time off—Care of family
members. (Effective January 1, 2003.) (1) If, under the
terms of a collective bargaining agreement or employer
policy applicable to an employee, the employee is entitled to
sick leave or other paid time off, then an employer shall
allow an employee to use any or all of the employee’s
choice of sick leave or other paid time off to care for: (a)
A child of the employee with a health condition that requires
treatment or supervision; or (b) a spouse, parent, parent-inlaw, or grandparent of the employee who has a serious
health condition or an emergency condition. An employee
may not take advance leave until it has been earned. The
employee taking leave under the circumstances described in
this section must comply with the terms of the collective
bargaining agreement or employer policy applicable to the
leave, except for any terms relating to the choice of leave.
(2) Use of leave other than sick leave or other paid time
off to care for a child, spouse, parent, parent-in-law, or
grandparent under the circumstances described in this section
shall be governed by the terms of the appropriate collective
bargaining agreement or employer policy, as applicable.
[2002 c 243 § 1; 1988 c 236 § 3.]
(2002 Ed.)
49.12.265
Effective date—2002 c 243: See note following RCW 49.12.265.
Legislative findings—1988 c 236: "The legislature recognizes the
changing nature of the work force brought about by increasing numbers of
working mothers, single parent households, and dual career families. The
legislature finds that the needs of families must be balanced with the
demands of the workplace to promote family stability and economic
security. The legislature further finds that it is in the public interest for
employers to accommodate employees by providing reasonable leaves from
work for family reasons. In order to promote family stability, economic
security, and the public interest, the legislature hereby establishes a
minimum standard for family care. Nothing contained in this act shall
prohibit any employer from establishing family care standards more
generous than the minimum standards set forth in this act." [1988 c 236 §
1.]
Effective date—1988 c 236: "This act shall take effect on September
1, 1988." [1988 c 236 § 12.]
Implementation—1988 c 236: "Prior to September 1, 1988, the
department of labor and industries may take such steps as are necessary to
ensure that chapter 236, Laws of 1988 is implemented on September 1,
1988." [1988 c 236 § 10.]
Severability—1988 c 236: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 236 § 11.]
49.12.275 Sick leave, time off—Care of family
members—Poster required. The department shall develop
and furnish to each employer a poster which describes an
employer’s obligations and an employee’s rights under RCW
49.12.270 through 49.12.295. The poster must include
notice about any state law, rule, or regulation governing
maternity disability leave and indicate that federal or local
ordinances, laws, rules, or regulations may also apply. The
poster must also include a telephone number and an address
of the department to enable employees to obtain more
information regarding RCW 49.12.270 through 49.12.295.
Each employer must display this poster in a conspicuous
place. Every employer shall also post its leave policies, if
any, in a conspicuous place. Nothing in this section shall be
construed to create a right to continued employment. [1988
c 236 § 2.]
Legislative findings—Effective date—Implementation—
Severability—1988 c 236: See notes following RCW 49.12.270.
49.12.280 Sick leave, time off—Care of family
members—Administration and enforcement. The department shall administer and investigate violations of RCW
49.12.270 and 49.12.275. [1988 c 236 § 4.]
Legislative findings—Effective date—Implementation—
Severability—1988 c 236: See notes following RCW 49.12.270.
49.12.285 Sick leave, time off—Care of family
members—Monetary penalties. The department may issue
a notice of infraction if the department reasonably believes
that an employer has failed to comply with RCW 49.12.270
or 49.12.275. The form of the notice of infraction shall be
adopted by rule pursuant to chapter 34.05 RCW. An
employer who is found to have committed an infraction
under RCW 49.12.270 or 49.12.275 may be assessed a
monetary penalty not to exceed two hundred dollars for each
violation. An employer who repeatedly violates RCW
49.12.270 or 49.12.275 may be assessed a monetary penalty
not to exceed one thousand dollars for each violation. For
purposes of this section, the failure to comply with RCW
49.12.275 as to an employee or the failure to comply with
[Title 49 RCW—page 9]
49.12.285
Title 49 RCW: Labor Regulations
RCW 49.12.270 as to a period of leave sought by an
employee shall each constitute separate violations. An
employer has twenty days to appeal the notice of infraction.
Any appeal of a violation determined to be an infraction
shall be heard and determined by an administrative law
judge. Monetary penalties collected under this section shall
be deposited into the general fund. [1988 c 236 § 5.]
Legislative findings—Effective date—Implementation—
Severability—1988 c 236: See notes following RCW 49.12.270.
49.12.287 Sick leave, time off—Care of family
members—Discharge of employee not permitted. (Effective January 1, 2003.) An employer shall not discharge,
threaten to discharge, demote, suspend, discipline, or
otherwise discriminate against an employee because the
employee: (1) Has exercised, or attempted to exercise, any
right provided under RCW 49.12.270 through 49.12.295; or
(2) has filed a complaint, testified, or assisted in any
proceeding under RCW 49.12.270 through 49.12.295. [2002
c 243 § 3.]
Effective date—2002 c 243: See note following RCW 49.12.265.
49.12.290 Sick leave, time off—Care of family
members—Collective bargaining agreement not reduced.
Nothing in RCW 49.12.270 through 49.12.295 shall be construed to reduce any provision in a collective bargaining
agreement. [1988 c 236 § 6.]
Legislative findings—Effective date—Implementation—
Severability—1988 c 236: See notes following RCW 49.12.270.
49.12.295 Sick leave, time off—Care of family
members—Notification of employers. The department
shall notify all employers of the provisions of RCW
49.12.270 through 49.12.290. [1988 c 236 § 7.]
Legislative findings—Effective date—Implementation—
Severability—1988 c 236: See notes following RCW 49.12.270.
49.12.300 House-to-house sales by minor—
Registration of employer. (1) No person under sixteen
years of age may be employed in house-to-house sales unless
the department grants a variance permitting specific employment under criteria adopted by department rule.
(2) No person sixteen or seventeen years of age may be
employed in house-to-house sales unless the employer:
(a) Obtains and maintains a validated registration
certificate issued by the department. Application for
registration shall be made on a form prescribed by the director, which shall include but not be limited to:
(i) The employer’s name, permanent address, and
telephone number;
(ii) The employer’s social security number and industrial
insurance number or, in lieu of these numbers, the
employer’s unified business identifier account number; and
(iii) A description of the work to be performed by
persons aged sixteen or seventeen and the working conditions under which the work will be performed;
(b) Provides each employee sixteen or seventeen years
of age, before beginning work, an identification card in a
form prescribed by the director. The card shall include, but
not be limited to, a picture of the employee, the employee’s
name, the name and address of the employer, a statement
[Title 49 RCW—page 10]
that the employer is registered with the department of labor
and industries, and the registration number. The person
employed in house-to-house sales shall show the identification card to each customer or potential customer of the
person;
(c) Ensures supervision by a person aged twenty-one
years or over during all working hours, with each supervisor
responsible for no more than five persons; and
(d) If transporting an employee sixteen or seventeen
years of age to another state, obtains the express written
consent of the employee’s parent or legal guardian.
(3) An employer may not employ a person sixteen or
seventeen years of age in house-to-house sales after the hour
of nine p.m.
(4) The department shall adopt by rule procedures for
the renewal, denial, or revocation of registrations required by
this section. [1989 c 216 § 1.]
49.12.310 House-to-house sales by minor—
Advertising by employer—Penalty. (1) Any person
advertising to employ a person in house-to-house sales with
an advertisement specifically prescribing a minimum age
requirement that is under the age of twenty-one shall:
(a) Register with the department as provided in RCW
49.12.300(2)(a); and
(b) Include the following information in any advertisement:
(i) The registration number required by subsection (1)(a)
of this section;
(ii) The specific nature of the employment and the
product or services to be sold; and
(iii) The average monthly compensation paid in the
previous six months to new employees, taking into account
any deductions made pursuant to the employment contract.
(2) Advertising to recruit or employ a person in houseto-house sales shall not be false, misleading, or deceptive.
(3) A violation of this section is an unfair act or practice
in violation of the consumer protection act, chapter 19.86
RCW. The remedies and sanctions provided under chapter
19.86 RCW shall not preclude application of other available
remedies and sanctions.
(4) No publisher, radio broadcast licensee, advertising
agency, or agency or medium for the dissemination of an
advertisement may be subject to penalties by reason of
dissemination of any false, misleading, or deceptive advertisement, or for an advertisement that fails to meet the
requirements of subsection (1) of this section, unless he or
she has refused on the request of the director to furnish the
name and address of the person purchasing the advertising.
[1989 c 216 § 2.]
49.12.320 Definitions. For the purposes of RCW
49.12.300 and 49.12.310:
(1) "Employ" includes to engage, suffer, or permit to
work, but does not include voluntary or donated services
performed for no compensation, or without expectation or
contemplation of compensation as the adequate consideration
for the services performed, for an educational, charitable,
religious, state or local government body or agency, or
nonprofit organization, or services performed by a newspaper
(2002 Ed.)
Industrial Welfare
vendor or a person in the employ of his or her parent or
stepparent.
(2) "House-to-house sales" includes a sale or other
transaction in consumer goods, the demonstration of products
or equipment, the obtaining of orders for consumer goods, or
the obtaining of contracts for services, in which the employee personally solicits the sale or transaction at a place other
than the place of business of the employer. [1989 c 216 §
3.]
49.12.330 Rules. The department shall adopt rules to
implement RCW 49.12.300 through 49.12.320. [1989 c 216
§ 4.]
49.12.350 Parental leave—Legislative findings. The
legislature finds that employers often distinguish between
biological parents, and adoptive parents and stepparents in
their employee leave policies. Many employers who grant
leave to their employees to care for a newborn child either
have no policy or establish a more restrictive policy regarding whether an adoptive parent or stepparent can take similar
leave. The legislature further finds that many employers
establish different leave policies for men and women regarding the care of a newborn or newly placed child. The
legislature recognizes that the bonding that occurs between
a parent and child is important to the nurturing of that child,
regardless of whether the parent is the child’s biological
parent and regardless of the gender of the parent. For these
reasons, the legislature declares that it is the public policy of
this state to require that employers who grant leave to their
employees to care for a newborn child make the same leave
available upon the same terms for adoptive parents and
stepparents, men and women. [1989 1st ex.s. c 11 § 22.]
Severability—Effective date—1989 1st ex.s. c 11: See RCW
49.78.900 and 49.78.901.
49.12.360 Parental leave—Discrimination prohibited. (1) An employer must grant an adoptive parent or a
stepparent, at the time of birth or initial placement for
adoption of a child under the age of six, the same leave
under the same terms as the employer grants to biological
parents. As a term of leave, an employer may restrict leave
to those living with the child at the time of birth or initial
placement.
(2) An employer must grant the same leave upon the
same terms for men as it does for women.
(3) The department shall administer and investigate
violations of this section. Notices of infraction, penalties,
and appeals shall be administered in the same manner as
violations under RCW 49.12.285.
(4) For purposes of this section, "employer" includes all
private and public employers listed in RCW 49.12.005(3).
(5) For purposes of this section, "leave" means any
leave from employment granted to care for a newborn or a
newly adopted child at the time of placement for adoption.
(6) Nothing in this section requires an employer to:
(a) Grant leave equivalent to maternity disability leave;
or
(b) Establish a leave policy to care for a newborn or
newly placed child if no such leave policy is in place for any
of its employees. [1989 1st ex.s. c 11 § 23.]
(2002 Ed.)
49.12.320
Severability—Effective date—1989 1st ex.s. c 11: See RCW
49.78.900 and 49.78.901.
49.12.370 Parental leave—Collective bargaining
agreement or employee benefit plan—Application. In the
case of employees covered by an unexpired collective
bargaining agreement that expires on or after September 1,
1989, or by an employee benefit program or plan with a
stated year ending on or after September 1, 1989, the
effective date of RCW 49.12.360 shall be the later of: (1)
The first day following expiration of the collective bargaining agreement; or (2) the first day of the next plan year.
[1989 1st ex.s. c 11 § 24.]
Severability—Effective date—1989 1st ex.s. c 11: See RCW
49.78.900 and 49.78.901.
49.12.380 Child labor laws—Information program.
Upon adoption of the rules under *section 1 of this act, the
department of labor and industries shall implement a
comprehensive program to inform employers of the rules
adopted. The program shall include mailings, public service
announcements, seminars, and any other means deemed
appropriate to inform all Washington employers of their
rights and responsibilities regarding the employment of
minors. [1991 c 303 § 2.]
*Reviser’s note: Section 1 of this act, which amended RCW
49.12.121, was vetoed by the governor.
49.12.390 Child labor laws—Violations—Civil
penalties—Restraining orders. (1)(a) Except as otherwise
provided in subsection (2) of this section, if the director, or
the director’s designee, finds that an employer has violated
any of the requirements of RCW 49.12.121 or 49.12.123, or
a rule or order adopted or variance granted under RCW
49.12.121 or 49.12.123, a citation stating the violations shall
be issued to the employer. The citation shall be in writing,
describing the nature of the violation including reference to
the standards, rules, or orders alleged to have been violated.
An initial citation for failure to comply with RCW 49.12.123
or rules requiring a minor work permit and maintenance of
records shall state a specific and reasonable time for abatement of the violation to allow the employer to correct the
violation without penalty. The director or the director’s
designee may establish a specific time for abatement of other
nonserious violations in lieu of a penalty for first time
violations. The citation and a proposed penalty assessment
shall be given to the highest management official available
at the workplace or be mailed to the employer at the
workplace. In addition, the department shall mail a copy of
the citation and proposed penalty assessment to the central
personnel office of the employer. Citations issued under this
section shall be posted at or near the place where the
violation occurred.
(b) Except when an employer corrects a violation as
provided in (a) of this subsection, he or she shall be assessed
a civil penalty of not more than one thousand dollars
depending on the size of the business and the gravity of the
violation. The employer shall pay the amount assessed
within thirty days of receipt of the assessment or notify the
director of his or her intent to appeal the citation or the
assessment penalty as provided in RCW 49.12.400.
[Title 49 RCW—page 11]
49.12.390
Title 49 RCW: Labor Regulations
(2) If the director, or the director’s designee, finds that
an employer has committed a serious or repeated violation
of the requirements of RCW 49.12.121 or 49.12.123, or any
rule or order adopted or variance granted under RCW
49.12.121 or 49.12.123, the employer is subject to a civil
penalty of not more than one thousand dollars for each day
the violation continues. For the purposes of this subsection,
a serious violation shall be deemed to exist if death or
serious physical harm has resulted or is imminent from a
condition that exists, or from one or more practices, means,
methods, operations, or processes that have been adopted or
are in use by the employer, unless the employer did not, and
could not with the exercise of reasonable diligence, know of
the presence of the violation.
(3) In addition to any other authority provided in this
section, if, upon inspection or investigation, the director, or
director’s designee, believes that an employer has violated
RCW 49.12.121 or 49.12.123, or a rule or order adopted or
variance granted under RCW 49.12.121 or 49.12.123, and
that the violation creates a danger from which there is a
substantial probability that death or serious physical harm
could result to a minor employee, the director, or director’s
designee, may issue an order immediately restraining the
condition, practice, method, process, or means creating the
danger in the workplace. An order issued under this
subsection may require the employer to take steps necessary
to avoid, correct, or remove the danger and to prohibit the
employment or presence of a minor in locations or under
conditions where the danger exists.
(4) An employer who violates any of the posting
requirements of RCW 49.12.121 or rules adopted implementing RCW 49.12.121 shall be assessed a civil penalty of
not more than one hundred dollars for each violation.
(5) A person who gives advance notice, without the
authority of the director, of an inspection to be conducted
under this chapter shall be assessed a civil penalty of not
more than one thousand dollars.
(6) Penalties assessed under this section shall be paid to
the director and deposited into the general fund. [1991 c
303 § 3.]
49.12.400 Child labor laws—Appeal. A person,
firm, or corporation aggrieved by an action taken or decision
made by the department under RCW 49.12.390 may appeal
the action or decision to the director by filing notice of the
appeal with the director within thirty days of the
department’s action or decision. A notice of appeal filed
under this section shall stay the effectiveness of a citation or
notice of the assessment of a penalty pending review of the
appeal by the director, but such appeal shall not stay the
effectiveness of an order of immediate restraint issued under
RCW 49.12.390. Upon receipt of an appeal, a hearing shall
be held in accordance with chapter 34.05 RCW. The
director shall issue all final orders after the hearing. The
final orders are subject to appeal in accordance with chapter
34.05 RCW. Orders not appealed within the time period
specified in chapter 34.05 RCW are final and binding.
[1991 c 303 § 4.]
49.12.410 Child labor laws—Violations—Criminal
penalties. An employer who knowingly or recklessly
[Title 49 RCW—page 12]
violates the requirements of RCW 49.12.121 or 49.12.123,
or a rule or order adopted under RCW 49.12.121 or
49.12.123, is guilty of a gross misdemeanor. An employer
whose practices in violation of the requirements of RCW
49.12.121 or 49.12.123, or a rule or order adopted under
RCW 49.12.121 or 49.12.123, result in the death or permanent disability of a minor employee is guilty of a class C
felony. [1991 c 303 § 5.]
49.12.420 Child labor laws—Exclusive remedies.
The penalties established in RCW 49.12.390 and 49.12.410
for violations of RCW 49.12.121 and 49.12.123 are exclusive remedies. [1991 c 303 § 7.]
49.12.450 Compensation for required employee
work apparel—Exceptions—Changes—Rules—Expiration
of subsection. (1) Notwithstanding the provisions of chapter
49.46 RCW or other provisions of this chapter, the obligation of an employer to furnish or compensate an employee
for apparel required during work hours shall be determined
only under this section.
(2) Employers are not required to furnish or compensate
employees for apparel that an employer requires an employee to wear during working hours unless the required apparel
is a uniform.
(3) As used in this section, "uniform" means:
(a) Apparel of a distinctive style and quality that, when
worn outside of the workplace, clearly identifies the person
as an employee of a specific employer;
(b) Apparel that is specially marked with an employer’s
logo;
(c) Unique apparel representing an historical time period
or an ethnic tradition; or
(d) Formal apparel.
(4) Except as provided in subsection (5) of this section,
if an employer requires an employee to wear apparel of a
common color that conforms to a general dress code or style,
the employer is not required to furnish or compensate an
employee for that apparel. For the purposes of this subsection, "common color" is limited to the following colors or
light or dark variations of such colors: White, tan, or blue,
for tops; and tan, black, blue, or gray, for bottoms. An
employer is permitted to require an employee to obtain two
sets of wearing apparel to accommodate for the seasonal
changes in weather which necessitate a change in wearing
apparel.
(5) If an employer changes the color or colors of
apparel required to be worn by any of his or her employees
during a two-year period of time, the employer shall furnish
or compensate the employees for the apparel. The employer
shall be required to furnish or compensate only those
employees who are affected by the change. The two-year
time period begins on the date the change in wearing apparel
goes into effect and ends two years from this date. The
beginning and end of the two-year time period applies to all
employees regardless of when the employee is hired.
(6) The department shall utilize negotiated rule making
as defined by RCW 34.05.310(2)(a) in the development and
adoption of rules defining apparel that conforms to a general
dress code or style. This subsection expires January 1, 2000.
(2002 Ed.)
Industrial Welfare
(7) For the purposes of this section, personal protective
equipment required for employee protection under chapter
49.17 RCW is not deemed to be employee wearing apparel.
[1998 c 334 § 2.]
Construction—1998 c 334: "Nothing in this act shall be construed
to alter the terms, conditions, or practices contained in any collective
bargaining agreement in effect at the time of June 11, 1998, until the
expiration date of such agreement." [1998 c 334 § 3.]
49.12.460 Volunteer fire fighters—Employer
duties—Violations. (1) An employer may not discharge
from employment or discipline a volunteer fire fighter
because of leave taken related to an alarm of fire or an
emergency call.
(2)(a) A volunteer fire fighter who believes he or she
was discharged or disciplined in violation of this section may
file a complaint alleging the violation with the director. The
volunteer fire fighter may allege a violation only by filing
such a complaint within ninety days of the alleged violation.
(b) Upon receipt of the complaint, the director must
cause an investigation to be made as the director deems
appropriate and must determine whether this section has
been violated. Notice of the director’s determination must
be sent to the complainant and the employer within ninety
days of receipt of the complaint.
(c) If the director determines that this section was
violated and the employer fails to reinstate the employee or
withdraw the disciplinary action taken against the employee,
whichever is applicable, within thirty days of receipt of
notice of the director’s determination, the volunteer fire
fighter may bring an action against the employer alleging a
violation of this section and seeking reinstatement or
withdrawal of the disciplinary action.
(d) In any action brought under this section, the superior
court shall have jurisdiction, for cause shown, to restrain
violations under this section and to order reinstatement of the
employee or withdrawal of the disciplinary action.
(3) For the purposes of this section:
(a) "Alarm of fire or emergency call" means responding
to, working at, or returning from a fire alarm or an emergency call, but not participating in training or other
nonemergency activities.
(b) "Employer" means any person who had twenty or
more full-time equivalent employees in the previous year.
(c) "Reinstatement" means reinstatement with back pay,
without loss of seniority or benefits, and with removal of
any related adverse material from the employee’s personnel
file, if a file is maintained by the employer.
(d) "Withdrawal of disciplinary action" means withdrawal of disciplinary action with back pay, without loss of
seniority or benefits, and with removal of any related
adverse material from the employee’s personnel file, if a file
is maintained by the employer.
(e) "Volunteer fire fighter" means a fire fighter who:
(i) Is not paid;
(ii) Is not already at his or her place of employment
when called to serve as a volunteer, unless the employer
agrees to provide such an accommodation; and
(iii) Has been ordered to remain at his or her position
by the commanding authority at the scene of the fire.
(4) The legislature declares that the public policies
articulated in this section depend on the procedures estab(2002 Ed.)
49.12.450
lished in this section and no civil or criminal action may be
maintained relying on the public policies articulated in this
section without complying with the procedures set forth in
this section, and to that end all civil actions and civil causes
of action for such injuries and all jurisdiction of the courts
of this state over such causes are hereby abolished, except as
provided in this section. [2001 c 173 § 1.]
49.12.900 Severability—1973 2nd ex.s. c 16. If any
provision of this 1973 amendatory act, or its application to
any person or circumstances is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1973 2nd ex.s. c 16 § 20.]
49.12.901 Severability—1991 c 303. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1991 c 303 § 10.]
49.12.902 Effective date—1991 c 303 §§ 3-7.
Sections 3 through 7 of this act shall take effect April 1,
1992. [1991 c 303 § 12.]
Chapter 49.17
WASHINGTON INDUSTRIAL SAFETY AND
HEALTH ACT
Sections
49.17.010
49.17.020
49.17.022
49.17.030
49.17.040
49.17.041
49.17.050
49.17.055
49.17.060
49.17.070
49.17.080
49.17.090
49.17.100
49.17.110
49.17.120
49.17.130
49.17.140
49.17.150
49.17.160
49.17.170
49.17.180
49.17.190
49.17.200
49.17.210
49.17.220
Purpose.
Definitions.
Legislative findings and intent—Definition of agriculture.
Application of chapter—Fees and charges.
Rules and regulations—Authority—Procedure.
Agricultural safety standards—Limitation on adopting or
establishing between January 1, 1995, through January
15, 1996—Requirements.
Rules and regulations—Guidelines—Standards.
WISHA advisory committee—Appointment of members—
Duties—Terms, compensation, and expenses.
Employer—General safety standard—Compliance.
Right of entry—Inspections and investigations—
Subpoenas—Contempt.
Variance from safety and health standards—Application—
Contents—Procedure.
Variance from safety and health standards—Notice—
Hearing—Order—Modification or revocation.
Inspection—Employer and employee representatives.
Compliance by employee—Violations—Notice—Review.
Violations—Citations.
Violations—Dangerous conditions—Citations and orders of
immediate restraint—Restraints—Restraining orders.
Appeal to board—Citation or notification of assessment of
penalty—Final order—Procedure—Redetermination—
Hearing.
Appeal to superior court—Review or enforcement of orders.
Discrimination against employee filing complaint, instituting
proceedings, or testifying prohibited—Procedure—
Remedy.
Injunctions—Temporary restraining orders.
Violations—Civil penalties.
Violations—Criminal penalties.
Confidentiality—Trade secrets.
Research, experiments, and demonstrations for safety purposes—Confidentiality of information—Variances.
Records—Reports—Notice to employee exposed to harmful
materials.
[Title 49 RCW—page 13]
Chapter 49.17
49.17.230
49.17.240
49.17.250
49.17.260
49.17.270
49.17.280
49.17.300
49.17.310
49.17.320
49.17.350
49.17.900
49.17.910
Title 49 RCW: Labor Regulations
Compliance with federal act—Agreements and acceptance of
grants authorized.
Safety and health standards.
Voluntary compliance program—Consultation and advisory
services.
Statistics—Investigations—Reports.
Administration of chapter.
Agricultural workers and handlers of agricultural pesticides—Coordination of regulation and enforcement with
department of agriculture.
Temporary worker housing—Electricity—Storage, handling,
preparation of food—Rules.
Temporary worker housing—Licensing, operation, and inspection—Rules—Definition.
Temporary worker housing operation standards—
Departments’ agreement—Enforcement—Definition.
Flaggers.
Short title.
Severability—1973 c 80.
49.17.010 Purpose. The legislature finds that personal
injuries and illnesses arising out of conditions of employment impose a substantial burden upon employers and
employees in terms of lost production, wage loss, medical
expenses, and payment of benefits under the industrial
insurance act. Therefore, in the public interest for the
welfare of the people of the state of Washington and in order
to assure, insofar as may reasonably be possible, safe and
healthful working conditions for every man and woman
working in the state of Washington, the legislature in the
exercise of its police power, and in keeping with the mandates of Article II, section 35 of the state Constitution,
declares its purpose by the provisions of this chapter to
create, maintain, continue, and enhance the industrial safety
and health program of the state, which program shall equal
or exceed the standards prescribed by the Occupational
Safety and Health Act of 1970 (Public Law 91-596, 84 Stat.
1590). [1973 c 80 § 1.]
Industrial insurance: Title 51 RCW.
49.17.020 Definitions. For the purposes of this
chapter:
(1) The term "agriculture" means farming and includes,
but is not limited to:
(a) The cultivation and tillage of the soil;
(b) Dairying;
(c) The production, cultivation, growing, and harvesting
of any agricultural or horticultural commodity;
(d) The raising of livestock, bees, fur-bearing animals,
or poultry; and
(e) Any practices performed by a farmer or on a farm,
incident to or in connection with such farming operations,
including but not limited to preparation for market and
delivery to:
(i) Storage;
(ii) Market; or
(iii) Carriers for transportation to market.
The term "agriculture" does not mean a farmer’s
processing for sale or handling for sale a commodity or
product grown or produced by a person other than the farmer
or the farmer’s employees.
(2) The term "director" means the director of the
department of labor and industries, or his designated representative.
[Title 49 RCW—page 14]
(3) The term "department" means the department of
labor and industries.
(4) The term "employer" means any person, firm,
corporation, partnership, business trust, legal representative,
or other business entity which engages in any business,
industry, profession, or activity in this state and employs one
or more employees or who contracts with one or more
persons, the essence of which is the personal labor of such
person or persons and includes the state, counties, cities, and
all municipal corporations, public corporations, political
subdivisions of the state, and charitable organizations:
PROVIDED, That any person, partnership, or business entity
not having employees, and who is covered by the industrial
insurance act shall be considered both an employer and an
employee.
(5) The term "employee" means an employee of an
employer who is employed in the business of his employer
whether by way of manual labor or otherwise and every
person in this state who is engaged in the employment of or
who is working under an independent contract the essence of
which is his personal labor for an employer under this
chapter whether by way of manual labor or otherwise.
(6) The term "person" means one or more individuals,
partnerships, associations, corporations, business trusts, legal
representatives, or any organized group of persons.
(7) The term "safety and health standard" means a
standard which requires the adoption or use of one or more
practices, means, methods, operations, or processes reasonably necessary or appropriate to provide safe or healthful
employment and places of employment.
(8) The term "work place" means any plant, yard,
premises, room, or other place where an employee or
employees are employed for the performance of labor or
service over which the employer has the right of access or
control, and includes, but is not limited to, all work places
covered by industrial insurance under Title 51 RCW, as now
or hereafter amended.
(9) The term "working day" means a calendar day,
except Saturdays, Sundays, and all legal holidays as set forth
in RCW 1.16.050, as now or hereafter amended, and for the
purposes of the computation of time within which an act is
to be done under the provisions of this chapter, shall be
computed by excluding the first working day and including
the last working day. [1997 c 362 § 2; 1973 c 80 § 2.]
Department of labor and industries: Chapter 43.22 RCW.
49.17.022 Legislative findings and intent—
Definition of agriculture. The legislature finds that the
state’s farms are diverse in their nature and the owners,
managers, and their employees continually find new ways to
plant, raise, harvest, process, store, market, and distribute
their products. The legislature further finds that the department of labor and industries needs guidance in determining
when activities related to agricultural products are to be
regulated as agricultural activities and when they should be
regulated as other activities. It is the intent of the legislature
that activities performed by a farmer as incident to or in
conjunction with his or her farming activities be regulated as
agricultural activities. For this purpose, an agricultural activity is to be interpreted broadly, based on the definition of
"agriculture" in RCW 49.17.020. [1997 c 362 § 1.]
(2002 Ed.)
Washington Industrial Safety and Health Act
49.17.030 Application of chapter—Fees and charges. This chapter shall apply with respect to employment
performed in any work place within the state. The department of labor and industries shall provide by rule for a
schedule of fees and charges to be paid by each employer
subject to this chapter who is not subject to or obtaining
coverage under the industrial insurance laws and who is not
a self-insurer. The fees and charges collected shall be for
the purpose of defraying such employer’s pro rata share of
the expenses of enforcing and administering this chapter.
[1973 c 80 § 3.]
49.17.040 Rules and regulations—Authority—
Procedure. The director shall make, adopt, modify, and
repeal rules and regulations governing safety and health standards for conditions of employment as authorized by this
chapter after a public hearing in conformance with the
administrative procedure act and the provisions of this
chapter. At least thirty days prior to such public hearing, the
director shall cause public notice of such hearing to be made
in newspapers of general circulation in this state, of the date,
time, and place of such public hearing, along with a general
description of the subject matter of the proposed rules and
information as to where copies of any rules and regulations
proposed for adoption may be obtained and with a solicitation for recommendations in writing or suggestions for
inclusion or changes in such rules to be submitted not later
than five days prior to such public hearing. Any preexisting
rules adopted by the department of labor and industries
relating to health and safety standards in work places subject
to the jurisdiction of the department shall remain effective
insofar as such rules are not inconsistent with the provisions
of this chapter. [1973 c 80 § 4.]
49.17.041 Agricultural safety standards—Limitation
on adopting or establishing between January 1, 1995,
through January 15, 1996—Requirements. (1)(a) Except
as provided in (b) of this subsection, no rules adopted under
this chapter amending or establishing agricultural safety
standards shall take effect during the period beginning
January 1, 1995, and ending January 15, 1996. This
subsection applies, but is not limited to applying, to a rule
adopted before January 1, 1995, but with an effective date
which is during the period beginning January 1, 1995, and
ending January 15, 1996, and to provisions of rules adopted
prior to January 1, 1995, which provisions are to become
effective during the period beginning January 1, 1995, and
ending January 15, 1996.
(b) Subsection (1)(a) of this section does not apply to:
Provisions of rules that were in effect before January 1,
1995; emergency rules adopted under RCW 34.05.350; or
revisions to chapter 296-306 WAC regarding rollover
protective structures that were adopted in 1994 and effective
March 1, 1995, and that are additionally revised to refer to
the variance process available under this chapter.
(2) The rules for agricultural safety adopted under this
chapter must:
(a) Establish, for agricultural employers, an agriculture
safety standard that includes agriculture-specific rules and
specific references to the general industry safety standard
adopted under chapter 49.17 RCW; and
(2002 Ed.)
49.17.030
(b) Exempt agricultural employers from the general
industry safety standard adopted under chapter 49.17 RCW
for all rules not specifically referenced in the agriculture
safety standard.
(3) The department shall publish in one volume all of
the occupational safety rules that apply to agricultural
employers and shall make this volume available to all
agricultural employers before January 15, 1996. This
volume must be available in both English and Spanish.
(4) The department shall provide training, education,
and enhanced consultation services concerning its agricultural safety rules to agricultural employers before the rules’
effective dates. The training, education, and consultation
must continue throughout the winter of 1995-1996. Training
and education programs must be provided throughout the
state and must be coordinated with agricultural associations
in order to meet their members’ needs.
(5) The department shall provide, for informational
purposes, a list of commercially available rollover protective
structures for tractors used in agricultural operations manufactured before October 25, 1976. The list must include the
name and address of the manufacturer and the approximate
price of the structure. Included with the list shall be a
statement indicating that an employer may apply for a
variance from the rules requiring rollover protective structures under this chapter and that variances may be granted in
appropriate circumstances on a case-by-case basis. The
statement shall also provide examples of circumstances under
which a variance may be granted. The list and statement
shall be generally available to the agricultural community
before the department may take any action to enforce rules
requiring rollover protective structures for tractors used in
agricultural operations manufactured before October 25,
1976. [1995 c 371 § 2.]
Finding—1995 c 371: "The legislature finds that:
(1) The state’s highly productive and efficient agricultural sector is
composed predominately of family-owned and managed farms and an
industrious and efficient work force;
(2) A reasonable level of safety regulations is needed to protect
workers;
(3) The smaller but highly efficient farming operations would benefit
from safety rules that are easily referenced and agriculture-specific to the
extent possible; and
(4) There should be lead time between the adoption of agriculture
safety rules and their effective date in order to allow the department of labor
and industries to provide training, education, and enhanced consultation
services to family-owned and managed farms." [1995 c 371 § 1.]
Application—1995 c 371 § 2: "Section 2(1) of this act is remedial
in nature and applies to rules and provisions of rules regarding agricultural
safety that would take effect after December 31, 1994." [1995 c 371 § 4.]
49.17.050 Rules and regulations—Guidelines—
Standards. In the adoption of rules and regulations under
the authority of this chapter, the director shall:
(1) Provide for the preparation, adoption, amendment,
or repeal of rules and regulations of safety and health
standards governing the conditions of employment of general
and special application in all work places;
(2) Provide for the adoption of occupational health and
safety standards which are at least as effective as those
adopted or recognized by the United States secretary of labor
under the authority of the Occupational Safety and Health
Act of 1970 (Public Law 91-596; 84 Stat. 1590);
[Title 49 RCW—page 15]
49.17.050
Title 49 RCW: Labor Regulations
(3) Provide a method of encouraging employers and
employees in their efforts to reduce the number of safety and
health hazards at their work places and to stimulate employers and employees to institute new and to perfect existing
programs for providing safe and healthful working conditions;
(4) Provide for the promulgation of health and safety
standards and the control of conditions in all work places
concerning gases, vapors, dust, or other airborne particles,
toxic materials, or harmful physical agents which shall set a
standard which most adequately assures, to the extent
feasible, on the basis of the best available evidence, that no
employee will suffer material impairment of health or
functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period
of his working life; any such standards shall require where
appropriate the use of protective devices or equipment and
for monitoring or measuring any such gases, vapors, dust, or
other airborne particles, toxic materials, or harmful physical
agents;
(5) Provide for appropriate reporting procedures by
employers with respect to such information relating to
conditions of employment which will assist in achieving the
objectives of this chapter;
(6) Provide for the frequency, method, and manner of
the making of inspections of work places without advance
notice; and,
(7) Provide for the publication and dissemination to
employers, employees, and labor organizations and the
posting where appropriate by employers of informational,
education, or training materials calculated to aid and assist
in achieving the objectives of this chapter;
(8) Provide for the establishment of new and the
perfection and expansion of existing programs for occupational safety and health education for employers and employees, and, in addition institute methods and procedures for the
establishment of a program for voluntary compliance solely
through the use of advice and consultation with employers
and employees with recommendations including recommendations of methods to abate violations relating to the
requirements of this chapter and all applicable safety and
health standards and rules and regulations promulgated
pursuant to the authority of this chapter;
(9) Provide for the adoption of safety and health
standards requiring the use of safeguards in trenches and
excavations and around openings of hoistways, hatchways,
elevators, stairways, and similar openings;
(10) Provide for the promulgation of health and safety
standards requiring the use of safeguards for all vats, pans,
trimmers, cut off, gang edger, and other saws, planers,
presses, formers, cogs, gearing, belting, shafting, coupling,
set screws, live rollers, conveyors, mangles in laundries, and
machinery of similar description, which can be effectively
guarded with due regard to the ordinary use of such machinery and appliances and the danger to employees therefrom,
and with which the employees of any such work place may
come in contact while in the performance of their duties and
prescribe methods, practices, or processes to be followed by
employers which will enhance the health and safety of
employees in the performance of their duties when in
proximity to machinery or appliances mentioned in this
subsection;
[Title 49 RCW—page 16]
(11) Certify that no later than twenty business days prior
to the effective date of any significant legislative rule, as
defined by RCW 34.05.328, a meeting of impacted parties
is convened to: (a) Identify ambiguities and problem areas
in the rule; (b) coordinate education and public relations
efforts by all parties; (c) provide comments regarding
internal department training and enforcement plans; and (d)
provide comments regarding appropriate evaluation mechanisms to determine the effectiveness of the new rule. The
meeting shall include a balanced representation of both
business and labor from impacted industries, department
personnel responsible for the above subject areas, and other
agencies or key stakeholder groups as determined by the
department. An existing advisory committee may be utilized
if appropriate. [1998 c 224 § 1; 1973 c 80 § 5.]
49.17.055
WISHA advisory committee—
Appointment of members—Duties—Terms, compensation, and expenses. The director shall appoint a WISHA
advisory committee composed of ten members: Four
members representing subject workers, each of whom shall
be appointed from a list of at least three names submitted by
a recognized statewide organization of employees, representing a majority of employees; four members representing
subject employers, each of whom shall be appointed from a
list of at least three names submitted by a recognized
statewide organization of employers, representing a majority
of employers; and two ex officio members, without a vote,
one of whom shall be the chairperson of the board of
industrial insurance appeals, and the other representing the
department. The member representing the department shall
be chairperson. The committee shall provide comment on
department rule making, policies, and other initiatives. The
committee shall also conduct a continuing study of any
aspect of safety and health the committee determines to
require their consideration. The committee shall report its
findings to the department or the board of industrial insurance appeals for action as deemed appropriate. The members of the committee shall be appointed for a term of three
years commencing on July 1, 1997, and the terms of the
members representing the workers and employers shall be
staggered so that the director shall designate one member
from each group initially appointed whose term shall expire
on June 30, 1998, and one member from each group whose
term shall expire on June 30, 1999. The members shall
serve without compensation, but are entitled to travel
expenses as provided in RCW 43.03.050 and 43.03.060. The
committee may hire such experts, if any, as it requires to
discharge its duties and may utilize such personnel and
facilities of the department and board of industrial insurance
appeals as it needs, without charge. All expenses of the
committee must be paid by the department. [1997 c 107 §
1.]
49.17.060 Employer—General safety standard—
Compliance. Each employer:
(1) Shall furnish to each of his employees a place of
employment free from recognized hazards that are causing
or likely to cause serious injury or death to his employees:
PROVIDED, That no citation or order assessing a penalty
shall be issued to any employer solely under the authority of
(2002 Ed.)
Washington Industrial Safety and Health Act
this subsection except where no applicable rule or regulation
has been adopted by the department covering the unsafe or
unhealthful condition of employment at the work place; and
(2) Shall comply with the rules, regulations, and orders
promulgated under this chapter. [1973 c 80 § 6.]
49.17.070 Right of entry—Inspections and investigations—Subpoenas—Contempt. The director, or his
authorized representative, in carrying out his duties under
this chapter, upon the presentation of appropriate credentials
to the owner, manager, operator, or agent in charge, is
authorized:
(1) To enter without delay and at all reasonable times
the factory, plant, establishment, construction site, or other
area, work place, or environment where work is performed
by an employee of an employer; and
(2) To inspect, survey, and investigate during regular
working hours and at other reasonable times, and within
reasonable limits and in a reasonable manner, any such work
place and all pertinent conditions, structures, machines,
apparatus, devices, equipment, and materials therein, and to
question privately any such employer, owner, operator,
agent, or employee;
(3) In making inspections and making investigations
under this chapter the director may require the attendance
and testimony of witnesses and the production of evidence
under oath. Witnesses shall be paid the same fees and
mileage that are paid witnesses in the superior courts. In the
case of contumacy, failure, or refusal of any person to obey
such an order, any superior court within the jurisdiction of
which such person is found, or resides, or transacts business,
upon the application of the director, shall have jurisdiction
to issue to such person an order requiring such person to
appear to produce evidence if, as, and when so ordered, and
to give testimony relating to the matter under investigation
or in question, and any failure to obey such order of the
court may be punished by said court as a contempt thereof.
[1973 c 80 § 7.]
49.17.080 Variance from safety and health standards—Application—Contents—Procedure. (1) Any employer may apply to the director for a temporary order
granting a variance from any safety and health standard
promulgated by rule or regulation under the authority of this
chapter. Such temporary order shall be granted only if the
employer files an application which meets the requirements
of subsection (2) of this section and establishes that the
employer is unable to comply with a safety or health
standard because of the unavailability of professional or
technical personnel or of materials and equipment needed to
come into compliance with the safety and health standard or
because necessary construction or alteration of facilities
cannot be completed by the effective date of such safety and
health standard, that he is taking all available steps to
safeguard his employees against the hazards covered by the
safety and health standard, and he has an effective program
for coming into compliance with such safety and health standard as quickly as practicable. Any temporary order issued
under the authority of this subsection shall prescribe the
practices, means, methods, operations, and processes which
the employer must adopt and use while the order is in effect
(2002 Ed.)
49.17.060
and state in detail his program for coming into compliance
with the safety and health standard. Such a temporary order
may be granted only after notice to employees and an
opportunity for a hearing upon request of the employer or
any affected employee. The name of any affected employee
requesting a hearing under the provisions of this subsection
shall be confidential and shall not be disclosed without the
consent of such employee. The director may issue one
interim order to be effective until a determination is made or
a decision rendered if a hearing is demanded. No temporary
order may be in effect for longer than the period needed by
the employer to achieve compliance with the standard, or
one year, whichever is shorter, except that such an order
may be renewed not more than twice, so long as the requirements of this subsection are met and if an application for
renewal is filed at least ninety days prior to the expiration
date of the order. No renewal of a temporary order may
remain in effect for longer than one hundred eighty days.
(2) An application for a temporary order under this
section shall contain:
(a) A specification of the safety and health standard or
portion thereof from which the employer seeks a variance;
(b) A representation by the employer, supported by
representations from qualified persons having first hand
knowledge of the facts represented, that he is unable to
comply with the safety and health standard or portion thereof
and a detailed statement of the reasons therefor;
(c) A statement of the steps the employer has taken and
will take, with specific dates, to protect employees against
the hazard covered by the standard;
(d) A statement as to when the employer expects to be
able to comply with the standard or portion thereof and what
steps he has taken and will take, with dates specified, to
come into compliance with the standard; and
(e) A certification that the employer, by the date of
mailing or delivery of the application to the director, has
informed his employees of the application by providing a
copy thereof to his employees or their authorized representative by posting a copy of such application in a place or
places reasonably accessible to all employees or by other
appropriate means of notification and by mailing a copy to
the authorized representative of such employees; the application shall set forth the manner in which the employees have
been so informed. The application shall also advise employees and their employee representatives of their right to apply
to the director to conduct a hearing upon the application for
a variance. [1973 c 80 § 8.]
49.17.090 Variance from safety and health standards—Notice—Hearing—Order—Modification or revocation. Any employer may apply to the director for an
order for a variance from any rule or regulation establishing
a safety and health standard promulgated under this chapter.
Affected employees shall be given notice of each such
application and in the manner prescribed by RCW 49.17.080
shall be informed of their right to request a hearing on any
such application. The director shall issue such order
granting a variance, after opportunity for an inspection, if he
determines or decides after a hearing has been held, if
request for hearing has been made, that the applicant for the
variance has demonstrated by a preponderance of the
[Title 49 RCW—page 17]
49.17.090
Title 49 RCW: Labor Regulations
evidence that the conditions, practices, means, methods,
operations, or processes used or proposed to be used by such
applicant employer will provide employment and places of
employment to his employees which are as safe and healthful as those which would prevail if he complied with the
safety and health standard or standards from which the
variance is sought. The order so issued shall prescribe the
conditions the employer must maintain, and the practices,
means, methods, operations, and processes which he must
adopt and utilize to the extent they differ from the standard
in question. At any time after six months has elapsed from
the date of the issuance of the order granting a variance
upon application of an employer, employee, or the director
on his own motion, after notice has been given in the
manner prescribed for the issuance of such order may
modify or revoke the order granting the variance from any
standard promulgated under the authority of this chapter.
[1973 c 80 § 9.]
49.17.100 Inspection—Employer and employee
representatives. A representative of the employer and an
employee representative authorized by the employees of such
employer shall be given an opportunity to accompany the
director, or his authorized representative, during the physical
inspection of any work place for the purpose of aiding such
inspection. Where there is no authorized employee representative, the director or his authorized representative shall
consult with a reasonable number of employees concerning
matters of health and safety in the work place. The director
may adopt procedural rules and regulations to implement the
provisions of this section: PROVIDED, That neither this
section, nor any other provision of this chapter, shall be
construed to interfere with, impede, or in any way diminish
the right of employees to bargain collectively with their
employers through representatives of their own choosing
concerning wages or standards or conditions of employment
which equal or exceed those established under the authority
of this chapter. [1986 c 192 § 1; 1973 c 80 § 10.]
49.17.110 Compliance by employee—Violations—
Notice—Review. Each employee shall comply with the
provisions of this chapter and all rules, regulations, and
orders issued pursuant to the authority of this chapter which
are applicable to his own actions and conduct in the course
of his employment. Any employee or representative of employees who in good faith believes that a violation of a
safety or health standard, promulgated by rule under the
authority of this chapter exists that threatens physical harm
to employees, or that an imminent danger to such employees
exists, may request an inspection of the work place by giving
notice to the director or his authorized representative of such
violation or danger. Any such notice shall be reduced to
writing, shall set forth with reasonable particularity the
grounds for the notice, and shall be signed by the employee
or representative of employees. A copy of the notice shall
be provided the employer or his agent no later than at the
time of inspection, except that, upon the request of the person giving such notice, his name and the names of individual
employees referred to therein shall not appear in such copy
or on any record published, released, or made available
pursuant to any provision of this chapter. If upon receipt of
[Title 49 RCW—page 18]
such notification the director determines that there are
reasonable grounds to believe that such violation or danger
exists, he shall make a special inspection as soon as practicable, to determine if such violation or danger exists. If the
director determines there are no reasonable grounds to believe that a violation or danger exists, he shall notify the
employer and the employee or representative of the employees in writing of such determination.
Prior to or during any inspection of a work place, any
employee or representative of employees employed in such
work place may notify the director or any representative of
the director responsible for conducting the inspection, in
writing, of any violation of this chapter which he has reason
to believe exists in such work place. The director shall, by
rule, establish procedures for informal review of any refusal
by a representative of the director to issue a citation with
respect to any such alleged violation, and shall furnish the
employee or representative of employees requesting such
review a written statement of the reasons for the director’s
final disposition of the case. [1973 c 80 § 11.]
49.17.120 Violations—Citations. (1) If upon inspection or investigation the director or his or her authorized
representative believes that an employer has violated a
requirement of RCW 49.17.060, or any safety or health
standard promulgated by rule adopted by the director, or the
conditions of any order granting a variance pursuant to this
chapter, the director shall with reasonable promptness issue
a citation to the employer. Each citation shall be in writing
and shall describe with particularity the nature of the
violation, including a reference to the provisions of the
statute, standard, rule, regulation, or order alleged to have
been violated. In addition, the citation shall fix a reasonable
time for the abatement of the violation.
(2) The director may prescribe procedures for the
issuance of a notice in lieu of a citation with respect to de
minimis violations which have no direct or immediate
relationship to safety or health.
(3) Each citation, or a copy or copies thereof, issued
under the authority of this section and RCW 49.17.130 shall
be prominently posted, at or near each place a violation
referred to in the citation occurred or as may otherwise be
prescribed in regulations issued by the director. The director
shall provide by rule for procedures to be followed by an
employee representative upon written application to receive
copies of citations and notices issued to any employer having
employees who are represented by such employee representative. Such rule may prescribe the form of such application, the time for renewal of applications, and the eligibility
of the applicant to receive copies of citations and notices.
(4) No citation may be issued under this section or
RCW 49.17.130 after the expiration of six months following
a compliance inspection, investigation, or survey revealing
any such violation.
(5)(a) No citation may be issued under this section if
there is unpreventable employee misconduct that led to the
violation, but the employer must show the existence of:
(i) A thorough safety program, including work rules,
training, and equipment designed to prevent the violation;
(ii) Adequate communication of these rules to employees;
(2002 Ed.)
Washington Industrial Safety and Health Act
(iii) Steps to discover and correct violations of its safety
rules; and
(iv) Effective enforcement of its safety program as
written in practice and not just in theory.
(b) This subsection (5) does not eliminate or modify any
other defenses that may exist to a citation. [1999 c 93 § 1;
1973 c 80 § 12.]
49.17.130 Violations—Dangerous conditions—
Citations and orders of immediate restraint—
Restraints—Restraining orders. (1) If upon inspection or
investigation, the director, or his authorized representative,
believes that an employer has violated a requirement of
RCW 49.17.060, or any safety or health standard promulgated by rules of the department, or any conditions of an order
granting a variance, which violation is such that a danger
exists from which there is a substantial probability that death
or serious physical harm could result to any employee, the
director or his authorized representative shall issue a citation
and may issue an order immediately restraining any such
condition, practice, method, process, or means in the work
place. Any order issued under this section may require such
steps to be taken as may be necessary to avoid, correct, or
remove such danger and prohibit the employment or presence of any individual in locations or under conditions where
such danger exists, except individuals whose presence is
necessary to avoid, correct, or remove such danger or to
maintain the capacity of a continuous process operation in
order that the resumption of normal operations may be had
without a complete cessation of operations, or where a
cessation of operations is necessary, to permit such to be
accomplished in a safe and orderly manner. In addition, if
any machine or equipment, or any part thereof, is in violation of a requirement of RCW 49.17.060 or any safety or
health standard promulgated by rules of the department, and
the operation of such machine or equipment gives rise to a
substantial probability that death or serious physical harm
could result to any employee, and an order of immediate
restraint of the use of such machine or equipment has been
issued under this subsection, the use of such machine or
equipment is prohibited, and a notice to that effect shall be
attached thereto by the director or his authorized representative.
(2) Whenever the director, or his authorized representative, concludes that a condition of employment described in
subsection (1) of this section exists in any work place, he
shall promptly inform the affected employees and employers
of the danger.
(3) At any time that a citation or a citation and order restraining any condition of employment or practice described
in subsection (1) of this section is issued by the director, or
his authorized representative, he may in addition request the
attorney general to make an application to the superior court
of the county wherein such condition of employment or
practice exists for a temporary restraining order or such other
relief as appears to be appropriate under the circumstances.
[1973 c 80 § 13.]
49.17.140 Appeal to board—Citation or notification
of assessment of penalty—Final order—Procedure—
Redetermination—Hearing. (1) If after an inspection or
(2002 Ed.)
49.17.120
investigation the director or the director’s authorized representative issues a citation under the authority of RCW
49.17.120 or 49.17.130, the department, within a reasonable
time after the termination of such inspection or investigation,
shall notify the employer by certified mail of the penalty to
be assessed under the authority of RCW 49.17.180 and shall
state that the employer has fifteen working days within
which to notify the director that the employer wishes to
appeal the citation or assessment of penalty. If, within fifteen working days from the communication of the notice
issued by the director the employer fails to notify the
director that the employer intends to appeal the citation or
assessment penalty, and no notice is filed by any employee
or representative of employees under subsection (3) of this
section within such time, the citation and the assessment
shall be deemed a final order of the department and not
subject to review by any court or agency.
(2) If the director has reason to believe that an employer
has failed to correct a violation for which a citation has been
issued within the period permitted in the citation for its
correction, which period shall not begin to run until the entry
of a final order in the case of any appeal proceedings under
this section initiated by the employer in good faith and not
solely for delay or avoidance of penalties, the director shall
notify the employer by certified mail of such failure to
correct the violation and of the penalty to be assessed under
RCW 49.17.180 by reason of such failure, and shall state
that the employer has fifteen working days from the communication of such notification and assessment of penalty to
notify the director that the employer wishes to appeal the
director’s notification of the assessment of penalty. If,
within fifteen working days from the receipt of notification
issued by the director the employer fails to notify the
director that the employer intends to appeal the notification
of assessment of penalty, the notification and assessment of
penalty shall be deemed a final order of the department and
not subject to review by any court or agency.
(3) If any employer notifies the director that the
employer intends to appeal the citation issued under either
RCW 49.17.120 or 49.17.130 or notification of the assessment of a penalty issued under subsections (1) or (2) of this
section, or if, within fifteen working days from the issuance
of a citation under either RCW 49.17.120 or 49.17.130 any
employee or representative of employees files a notice with
the director alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable, the
director may reassume jurisdiction over the entire matter, or
any portion thereof upon which notice of intention to appeal
has been filed with the director pursuant to this subsection.
If the director reassumes jurisdiction of all or any portion of
the matter upon which notice of appeal has been filed with
the director, any redetermination shall be completed and
corrective notices of assessment of penalty, citations, or
revised periods of abatement completed within a period of
thirty working days. The thirty-working-day redetermination
period may be extended up to fifteen additional working
days upon agreement of all parties to the appeal. The redetermination shall then become final subject to direct appeal
to the board of industrial insurance appeals within fifteen
working days of such redetermination with service of notice
of appeal upon the director. In the event that the director
does not reassume jurisdiction as provided in this subsection,
[Title 49 RCW—page 19]
49.17.140
Title 49 RCW: Labor Regulations
the director shall promptly notify the state board of industrial
insurance appeals of all notifications of intention to appeal
any such citations, any such notices of assessment of penalty
and any employee or representative of employees notice of
intention to appeal the period of time fixed for abatement of
a violation and in addition certify a full copy of the record
in such appeal matters to the board. The director shall adopt
rules of procedure for the reassumption of jurisdiction under
this subsection affording employers, employees, and employee representatives notice of the reassumption of jurisdiction
by the director, and an opportunity to object or support the
reassumption of jurisdiction, either in writing or orally at an
informal conference to be held prior to the expiration of the
redetermination period. A notice of appeal filed under this
section shall stay the effectiveness of any citation or notice
of the assessment of a penalty pending review by the board
of industrial insurance appeals, but such appeal shall not stay
the effectiveness of any order of immediate restraint issued
by the director under the authority of RCW 49.17.130. The
board of industrial insurance appeals shall afford an opportunity for a hearing in the case of each such appellant and the
department shall be represented in such hearing by the attorney general and the board shall in addition provide
affected employees or authorized representatives of affected
employees an opportunity to participate as parties to hearings
under this subsection. The board shall thereafter make
disposition of the issues in accordance with procedures
relative to contested cases appealed to the state board of
industrial insurance appeals.
Upon application by an employer showing that a good
faith effort to comply with the abatement requirements of a
citation has been made and that the abatement has not been
completed because of factors beyond the employer’s control,
the director after affording an opportunity for a hearing shall
issue an order affirming or modifying the abatement requirements in such citation. [1994 c 61 § 1; 1986 c 20 § 1; 1973
c 80 § 14.]
49.17.150 Appeal to superior court—Review or
enforcement of orders. (1) Any person aggrieved by an
order of the board of industrial insurance appeals issued
under RCW 49.17.140(3) may obtain a review of such order
in the superior court for the county in which the violation is
alleged to have occurred, by filing in such court within thirty
days following the communication of the board’s order or
denial of any petition or petitions for review, a written notice
of appeal praying that the order be modified or set aside.
Such appeal shall be perfected by filing with the clerk of the
court and by serving a copy thereof by mail, or personally,
on the director and on the board. The board shall thereupon
transmit a copy of the notice of appeal to all parties who
participated in proceedings before the board, and shall file in
the court the complete record of the proceedings. Upon such
filing the court shall have jurisdiction of the proceeding and
of the question determined therein, and shall have power to
grant such temporary relief or restraining order as it deems
just and proper, and to make and enter upon the pleadings
and the record of proceedings a decree affirming, modifying,
or setting aside in all or in part, the decision of the board of
industrial insurance appeals and enforcing the same to the
extent that such order is affirmed or modified. The com[Title 49 RCW—page 20]
mencement of appellate proceedings under this subsection
shall not, unless ordered by the court, operate as a stay of
the order of the board of industrial insurance appeals. No
objection that has not been urged before the board shall be
considered by the court, unless the failure or neglect to urge
such objection shall be excused because of extraordinary
circumstances. The findings of the board or hearing examiner where the board has denied a petition or petitions for
review with respect to questions of fact, if supported by
substantial evidence on the record considered as a whole,
shall be conclusive. If any party shall apply to the court for
leave to adduce additional evidence and shall show to the
satisfaction of the court that such additional evidence is
material and that there were reasonable grounds for the
failure to adduce such evidence in the hearing before the
board, the court may order such additional evidence to be
taken before the board and to be made a part of the record.
The board may modify its findings as to the facts, or make
new findings, by reason of additional evidence so taken and
filed, and it shall file such modified or new findings, which
findings with respect to questions of fact are supported by
substantial evidence on the record considered as a whole,
shall be conclusive, and its recommendations, if any, for the
modification or setting aside of its original order. Upon the
filing of the record with it, the jurisdiction of the court shall
be exclusive and the judgment and decree shall be final,
except as the same shall be subject to review by the supreme
court. Appeals filed under this subsection shall be heard
expeditiously.
(2) The director may also obtain review or enforcement
of any final order of the board by filing a petition for such
relief in the superior court for the county in which the
alleged violation occurred. The provisions of subsection (1)
of this section shall govern such proceeding to the extent
applicable. If a notice of appeal, as provided in subsection
(1) of this section, is not filed within thirty days after service
of the board’s order, the board’s findings of fact, decision,
and order or the examiner’s findings of fact, decision, and
order when a petition or petitions for review have been
denied shall be conclusive in connection with any petition
for enforcement which is filed by the director after the
expiration of such thirty day period. In any such case, as
well as in the case of an unappealed citation or a notification
of the assessment of a penalty by the director, which has
become a final order under subsection (1) or (2) of RCW
49.17.140 upon application of the director, the clerk of the
court, unless otherwise ordered by the court, shall forthwith
enter a decree enforcing the citation and notice of assessment
of penalty and shall transmit a copy of such decree to the
director and the employer named in the director’s petition.
In any contempt proceeding brought to enforce a decree of
the superior court entered pursuant to this subsection or
subsection (1) of this section the superior court may assess
the penalties provided in RCW 49.17.180, in addition to
invoking any other available remedies. [1982 c 109 § 1;
1973 c 80 § 15.]
49.17.160 Discrimination against employee filing
complaint, instituting proceedings, or testifying prohibited—Procedure—Remedy. (1) No person shall discharge or
in any manner discriminate against any employee because
(2002 Ed.)
Washington Industrial Safety and Health Act
such employee has filed any complaint or instituted or
caused to be instituted any proceeding under or related to
this chapter, or has testified or is about to testify in any such
proceeding or because of the exercise by such employee on
behalf of himself or others of any right afforded by this
chapter.
(2) Any employee who believes that he has been
discharged or otherwise discriminated against by any person
in violation of this section may, within thirty days after such
violation occurs, file a complaint with the director alleging
such discrimination. Upon receipt of such complaint, the
director shall cause such investigation to be made as he
deems appropriate. If upon such investigation, the director
determines that the provisions of this section have been
violated, he shall bring an action in the superior court of the
county wherein the violation is alleged to have occurred
against the person or persons who is alleged to have violated
the provisions of this section. If the director determines that
the provisions of this section have not been violated, the
employee may institute the action on his own behalf within
thirty days of such determination. In any such action the
superior court shall have jurisdiction, for cause shown, to
restrain violations of subsection (1) of this section and order
all appropriate relief including rehiring or reinstatement of
the employee to his former position with back pay.
(3) Within ninety days of the receipt of the complaint
filed under this section, the director shall notify the complainant of his determination under subsection (2) of this
section. [1973 c 80 § 16.]
49.17.170 Injunctions—Temporary restraining
orders. (1) In addition to and after having invoked the
powers of restraint vested in the director as provided in
RCW 49.17.130 the superior courts of the state of Washington shall have jurisdiction upon petition of the director,
through the attorney general, to enjoin any condition or
practice in any work place from which there is a substantial
probability that death or serious physical harm could result
to any employee immediately or before the imminence of
such danger can be eliminated through the enforcement
procedures otherwise provided by this chapter. Any order
issued under this section may require such steps to be taken
as may be necessary to avoid, correct, or remove such
danger and prohibit the employment or presence of any
individual in locations or under conditions where such
danger exists, except individuals whose presence is necessary
to avoid, correct, or remove such danger or to maintain the
capacity of a continuous process operation to resume normal
operation without a complete cessation of operations, or
where a cessation of operations is necessary, to permit such
to be accomplished in a safe and orderly manner.
(2) Upon the filing of any such petition the superior
courts of the state of Washington shall have jurisdiction to
grant such injunctive relief or temporary restraining order
pending the outcome of enforcement proceedings pursuant to
this chapter, except that no temporary restraining order
issued without notice shall be effective for a period longer
than five working days.
(3) Whenever and as soon as any authorized representative of the director concludes that a condition or practice
described in subsection (1) exists in any work place, he shall
(2002 Ed.)
49.17.160
inform the affected employees and employers of the danger
and may recommend to the director that relief be sought
under this section.
(4) If the director arbitrarily or capriciously fails to
invoke his restraining authority under RCW 49.17.130 or
fails to seek relief under this section, any employee who
may be injured by reason of such failure, or the representative of such employees, may bring an action against the
director in the superior court for the county in which the
danger is alleged to exist for a writ of mandamus to compel
the director to seek such an order and for such further relief
as may be appropriate or seek the director to exercise his
restraining authority under RCW 49.17.130. [1973 c 80 §
17.]
49.17.180 Violations—Civil penalties. (1) Except as
provided in RCW 43.05.090, any employer who willfully or
repeatedly violates the requirements of RCW 49.17.060, of
any safety or health standard promulgated under the authority of this chapter, of any existing rule or regulation governing the conditions of employment promulgated by the
department, or of any order issued granting a variance under
RCW 49.17.080 or 49.17.090 may be assessed a civil
penalty not to exceed seventy thousand dollars for each
violation. A minimum penalty of five thousand dollars shall
be assessed for a willful violation.
(2) Any employer who has received a citation for a
serious violation of the requirements of RCW 49.17.060, of
any safety or health standard promulgated under the authority of this chapter, of any existing rule or regulation governing the conditions of employment promulgated by the
department, or of any order issued granting a variance under
RCW 49.17.080 or 49.17.090 as determined in accordance
with subsection (6) of this section, shall be assessed a civil
penalty not to exceed seven thousand dollars for each such
violation.
(3) Any employer who has received a citation for a
violation of the requirements of RCW 49.17.060, of any
safety or health standard promulgated under this chapter, of
any existing rule or regulation governing the conditions of
employment promulgated by the department, or of any order
issued granting a variance under RCW 49.17.080 or
49.17.090, where such violation is specifically determined
not to be of a serious nature as provided in subsection (6) of
this section, may be assessed a civil penalty not to exceed
seven thousand dollars for each such violation, unless such
violation is determined to be de minimis.
(4) Any employer who fails to correct a violation for
which a citation has been issued under RCW 49.17.120 or
49.17.130 within the period permitted for its correction,
which period shall not begin to run until the date of the final
order of the board of industrial insurance appeals in the case
of any review proceedings under this chapter initiated by the
employer in good faith and not solely for delay or avoidance
of penalties, may be assessed a civil penalty of not more
than seven thousand dollars for each day during which such
failure or violation continues.
(5) Any employer who violates any of the posting
requirements of this chapter, or any of the posting requirements of rules promulgated by the department pursuant to
this chapter related to employee or employee representative’s
[Title 49 RCW—page 21]
49.17.180
Title 49 RCW: Labor Regulations
rights to notice, including but not limited to those employee
rights to notice set forth in RCW 49.17.080, 49.17.090,
49.17.120, 49.17.130, 49.17.220(1) and 49.17.240(2), shall
be assessed a penalty not to exceed seven thousand dollars
for each such violation. Any employer who violates any of
the posting requirements for the posting of informational,
educational, or training materials under the authority of
RCW 49.17.050(7), may be assessed a penalty not to exceed
seven thousand dollars for each such violation.
(6) For the purposes of this section, a serious violation
shall be deemed to exist in a work place if there is a
substantial probability that death or serious physical harm
could result from a condition which exists, or from one or
more practices, means, methods, operations, or processes
which have been adopted or are in use in such work place,
unless the employer did not, and could not with the exercise
of reasonable diligence, know of the presence of the violation.
(7) The director, or his authorized representatives, shall
have authority to assess all civil penalties provided in this
section, giving due consideration to the appropriateness of
the penalty with respect to the number of affected employees
of the employer being charged, the gravity of the violation,
the size of the employer’s business, the good faith of the
employer, and the history of previous violations.
(8) Civil penalties imposed under this chapter shall be
paid to the director for deposit in the supplemental pension
fund established by RCW 51.44.033. Civil penalties may be
recovered in a civil action in the name of the department
brought in the superior court of the county where the violation is alleged to have occurred, or the department may
utilize the procedures for collection of civil penalties as set
forth in RCW 51.48.120 through 51.48.150. [1995 c 403 §
629; 1991 c 108 § 1; 1986 c 20 § 2; 1973 c 80 § 18.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
49.17.190 Violations—Criminal penalties. (1) Any
person who gives advance notice of any inspection to be
conducted under the authority of this chapter, without the
consent of the director or his authorized representative, shall,
upon conviction be guilty of a gross misdemeanor and be
punished by a fine of not more than one thousand dollars or
by imprisonment for not more than six months, or by both.
(2) Whoever knowingly makes any false statement,
representation, or certification in any application, record,
report, plan, or other document filed or required to be
maintained pursuant to this chapter shall, upon conviction be
guilty of a gross misdemeanor and be punished by a fine of
not more than ten thousand dollars, or by imprisonment for
not more than six months or by both.
(3) Any employer who wilfully and knowingly violates
the requirements of RCW 49.17.060, any safety or health
standard promulgated under this chapter, any existing rule or
regulation governing the safety or health conditions of
employment and adopted by the director, or any order issued
granting a variance under RCW 49.17.080 or 49.17.090 and
that violation caused death to any employee shall, upon
conviction be guilty of a gross misdemeanor and be punished
by a fine of not more than one hundred thousand dollars or
[Title 49 RCW—page 22]
by imprisonment for not more than six months or by both;
except, that if the conviction is for a violation committed
after a first conviction of such person, punishment shall be
a fine of not more than two hundred thousand dollars or by
imprisonment for not more than one year, or by both.
(4) Any employer who has been issued an order
immediately restraining a condition, practice, method,
process, or means in the work place, pursuant to RCW
49.17.130 or 49.17.170, and who nevertheless continues such
condition, practice, method, process, or means, or who
continues to use a machine or equipment or part thereof to
which a notice prohibiting such use has been attached, shall
be guilty of a gross misdemeanor, and upon conviction shall
be punished by a fine of not more than ten thousand dollars
or by imprisonment for not more than six months, or by
both.
(5) Any employer who shall knowingly remove,
displace, damage, or destroy, or cause to be removed,
displaced, damaged, or destroyed any safety device or
safeguard required to be present and maintained by any
safety or health standard, rule, or order promulgated pursuant
to this chapter, or pursuant to the authority vested in the
director under RCW 43.22.050 shall, upon conviction, be
guilty of a misdemeanor and be punished by a fine of not
more than one thousand dollars or by imprisonment for not
more than ninety days, or by both.
(6) Whenever the director has reasonable cause to
believe that any provision of this section defining a crime
has been violated by an employer, the director shall cause a
record of such alleged violation to be prepared, a copy of
which shall be referred to the prosecuting attorney of the
county wherein such alleged violation occurred, and the
prosecuting attorney of such county shall in writing advise
the director of the disposition he shall make of the alleged
violation. [1986 c 20 § 3; 1973 c 80 § 19.]
49.17.200 Confidentiality—Trade secrets. All
information reported to or otherwise obtained by the director,
or his authorized representative, in connection with any
inspection or proceeding under the authority of this chapter,
which contains or which might reveal a trade secret shall be
considered confidential, except that such information may be
disclosed to other officers or employees concerned with
carrying out this chapter, or when relevant in any proceeding
under this chapter. In any such proceeding the director, the
board of industrial insurance appeals, or the court shall issue
such orders as may be appropriate to protect the confidentiality of trade secrets. [1973 c 80 § 20.]
Uniform trade secrets act: Chapter 19.108 RCW.
49.17.210 Research, experiments, and demonstrations for safety purposes—Confidentiality of information—Variances. The director is authorized to conduct, either directly or by grant or contract, research, experiments,
and demonstrations as may be of aid and assistance in the
furtherance of the objects and purposes of this chapter.
Employer identity, employee identity, and personal identifiers of voluntary participants in research, experiments, and
demonstrations shall be deemed confidential and shall not be
open to public inspection. Information obtained from such
voluntary activities shall not be deemed to be medical
(2002 Ed.)
Washington Industrial Safety and Health Act
information for the purpose of RCW 51.36.060 and shall be
deemed confidential and shall not be open to public inspection. The director, in his or her discretion, is authorized to
grant a variance from any rule or regulation or portion
thereof, whenever he or she determines that such variance is
necessary to permit an employer to participate in an experiment approved by the director, and the experiment is
designed to demonstrate or validate new and improved
techniques to safeguard the health or safety of employees.
Any such variance shall require that all due regard be given
to the health and safety of all employees participating in any
experiment. [1991 c 89 § 1; 1973 c 80 § 21.]
49.17.220 Records—Reports—Notice to employee
exposed to harmful materials. (1) Each employer shall
make, keep, and preserve, and make available to the director
such records regarding his activities relating to this chapter
as the director may prescribe by regulation as necessary or
appropriate for the enforcement of this chapter or for
developing information regarding the causes and prevention
of occupational accidents and illnesses. In order to carry out
the provisions of this section such regulations may include
provisions requiring employers to conduct periodic inspections. The director shall also issue regulations requiring that
employers, through posting of notices or other appropriate
means, keep their employees informed of their protections
and obligations under this chapter, including the provisions
of applicable safety and health standards.
(2) The director shall prescribe regulations requiring employers to maintain accurate records, and to make periodic
reports of work-related deaths, and of injuries and illnesses
other than minor injuries requiring only first aid treatment
and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to
another job.
(3) The director shall issue regulations requiring
employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical
agents which are required to be monitored or measured.
Such regulations shall provide employees or their representatives with an opportunity to observe such monitoring or
measuring, and to have access to the records thereof. Such
regulations shall also make appropriate provisions for each
employee or former employee to have access to such records
as will indicate his own exposure to toxic materials or
harmful physical agents. Each employer shall promptly
notify any employee who has been or is being exposed to
toxic materials or harmful physical agents in concentrations
or at levels which exceed those prescribed by any applicable
safety and health standard promulgated under this chapter
and shall inform any employee who is being thus exposed of
the corrective action being taken. [1973 c 80 § 22.]
49.17.230 Compliance with federal act—Agreements
and acceptance of grants authorized. The director is
authorized to adopt by rule any provision reasonably necessary to enable this state to qualify a state plan under
section 18 of the Occupational Safety and Health Act of
1970 (Public Law 91-596, 84 Stat. 1590) to enable this state
to assume the responsibility for the development and
enforcement of occupational safety and health standards in
(2002 Ed.)
49.17.210
all work places within this state subject to the legislative
jurisdiction of the state of Washington. The director is
authorized to enter into agreement with the United States and
to accept on behalf of the state of Washington grants of
funds to implement the development and enforcement of this
chapter and the Occupational Safety and Health Act of 1970.
[1973 c 80 § 23.]
49.17.240 Safety and health standards. (1) The
director in the promulgation of rules under the authority of
this chapter shall establish safety and health standards for
conditions of employment of general and/or specific applicability for all industries, businesses, occupations, crafts,
trades, and employments subject to the provisions of this
chapter, or those that are a national or accepted federal
standard. In adopting safety and health standards for
conditions of employment, the director shall solicit and give
due regard to all recommendations by any employer,
employee, or labor representative of employees.
(2) Any safety and health standard adopted by rule of
the director shall, where appropriate, prescribe the use of
labels or other forms of warning to insure that employees are
apprised of all hazards to which they may be exposed,
relevant symptoms, and appropriate emergency treatment,
and proper conditions and precautions of safe use or exposure. Where appropriate, such rules shall so prescribe
suitable protective equipment and control or technological
procedures to be used in connection with such hazards and
shall provide for monitoring or measuring employee exposure at such locations and intervals, and in such manner as
may be reasonably necessary for the protection of employees. In addition, where appropriate, any such rule shall
prescribe the type and frequency of medical examinations or
other tests which shall be made available, by the employer
or at his cost, to employees exposed to such hazards in order
to most effectively determine whether the health of such
employees is adversely affected by such exposure. In the
event that such medical examinations are in the nature of
research, as determined by the director, such examinations
may be furnished at the expense of the department. The
results of such examinations or tests shall be furnished only
to the director, other appropriate agencies of government,
and at the request of the employee to his physician.
(3) Whenever the director adopts by rule any safety and
health standard he may at the same time provide by rule the
effective date of such standard which shall not be less than
thirty days, excepting emergency rules, but may be made
effective at such time in excess of thirty days from the date
of adoption as specified in any rule adopting a safety and
health standard. Any rule not made effective thirty days
after adoption, having a delayed effectiveness in excess of
thirty days, may only be made upon a finding made by the
director that such delayed effectiveness of the rule is
reasonably necessary to afford the affected employers a
reasonable opportunity to make changes in methods, means,
or practices to meet the requirements of the adopted rule.
Temporary orders granting a variance may be utilized by the
director in lieu of the delayed effectiveness in the adoption
of any rule. [1973 c 80 § 24.]
[Title 49 RCW—page 23]
49.17.250
Title 49 RCW: Labor Regulations
49.17.250 Voluntary compliance program—
Consultation and advisory services. (1) In carrying out the
responsibilities for the development of a voluntary compliance program under the authority of RCW 49.17.050(8) and
the rendering of advisory and consultative services to
employers, the director may grant an employer’s application
for advice and consultation, and for the purpose of affording
such consultation and advice visit the employer’s work place.
Such consultation and advice shall be limited to the matters
specified in the request affecting the interpretation and
applicability of safety and health standards to the conditions,
structures, machines, equipment, apparatus, devices, materials, methods, means, and practices in the employer’s work
place. The director in granting any requests for consultative
or advisory service may provide for an alternative means of
affording consultation and advice other than on-site consultation.
(2) The director, or an authorized representative, will
make recommendations regarding the elimination of any
hazards disclosed within the scope of the on-site consultation. No visit to an employer’s work place shall be regarded
as an inspection or investigation under the authority of this
chapter, and no notices or citations shall be issued, nor, shall
any civil penalties be assessed upon such visit, nor shall any
authorized representative of the director designated to render
advice and consult with employers under the voluntary
compliance program have any enforcement authority:
PROVIDED, That in the event an on-site visit discloses a
serious violation of a health and safety standard as defined
in RCW 49.17.180(6), and the hazard of such violation is
either not abated by the cooperative action of the employer,
or, is not subject to being satisfactorily abated by the
cooperative action of the employer, the director shall either
invoke the administrative restraining authority provided in
RCW 49.17.130 or seek the issuance of injunctive process
under the authority of RCW 49.17.170 or invoke both such
remedies.
(3) Nothing in this section shall be construed as providing immunity to any employer who has made application for
consultative services during the pendency of the granting of
such application from inspections or investigations conducted
under RCW 49.17.070 or any inspection conducted as a
result of a complaint, nor immunity from inspections under
RCW 49.17.070 or inspections resulting from a complaint
subsequent to the conclusion of the consultative period. This
section shall not be construed as requiring an inspection
under RCW 49.17.070 of any work place which has been
visited for consultative purposes. However, in the event of
a subsequent inspection, the director, or an authorized
representative, may in his or her discretion take into consideration any information obtained during the consultation visit
of that work place in determining the nature of an alleged
violation and the amount of penalties to be assessed, if any.
Such rules and regulations to be promulgated pursuant to this
section shall provide that in all instances of serious violations as defined in RCW 49.17.180(6) which are disclosed
in any consultative period, shall be corrected within a
specified period of time at the expiration of which an
inspection will be conducted under the authority of RCW
49.17.070. All employers requesting consultative services
shall be advised of the provisions of this section and the
rules adopted by the director relating to the voluntary
[Title 49 RCW—page 24]
compliance program. Information obtained by the department as a result of employer-requested consultation and
training services shall be deemed confidential and shall not
be open to public inspection. Within thirty days of receipt,
the employer shall make voluntary services reports available
to employees or their collective bargaining representatives
for review. Employers may satisfy the availability requirement by requesting a copy of the reports from the department. The director may provide by rule for the frequency,
manner, and method of the rendering of consultative services
to employers, and for the scheduling and priorities in
granting applications consistent with the availability of
personnel, and in such a manner as not to jeopardize the
enforcement requirements of this chapter. [1991 c 89 § 2;
1973 c 80 § 25.]
49.17.260 Statistics—Investigations—Reports. In
furtherance of the objects and purposes of this chapter, the
director shall develop and maintain an effective program of
collection, compilation, and analysis of industrial safety and
health statistics. The director, or his authorized representative, shall investigate and analyze industrial catastrophes,
serious injuries, and fatalities occurring in any work place
subject to this chapter, in an effort to ascertain whether such
injury or fatality occurred as the result of a violation of this
chapter, or any safety and health standard, rule, or order
promulgated pursuant to this chapter, or if not, whether a
safety and health standard or rule should be promulgated for
application to such circumstances. The director shall adopt
rules relating to the conducting and reporting of such investigations. Such investigative report shall be deemed
confidential and only available upon order of the superior
court after notice to the director and an opportunity for
hearing: PROVIDED, That such investigative reports shall
be made available without the necessity of obtaining a court
order, to employees of governmental agencies in the performance of their official duties, to the injured workman or his
legal representative or his labor organization representative,
or to the legal representative or labor organization representative of a deceased workman who was the subject of an
investigation, or to the employer of the injured or deceased
workman or any other employer or person whose actions or
business operation is the subject of the report of investigation, or any attorney representing a party in any pending
legal action in which an investigative report constitutes
relevant and material evidence in such legal action. [1973
c 80 § 26.]
49.17.270 Administration of chapter. The department shall be the sole and paramount administrative agency
responsible for the administration of the provisions of this
chapter, and any other agency of the state or any municipal
corporation or political subdivision of the state having
administrative authority over the inspection, survey, investigation, or any regulatory or enforcement authority of safety
and health standards related to the health and safety of
employees in any work place subject to this chapter, shall be
required, notwithstanding any statute to the contrary, to
exercise such authority as provided in this chapter and
subject to interagency agreement or agreements with the
department made under the authority of the interlocal
(2002 Ed.)
Washington Industrial Safety and Health Act
cooperation act (chapter 39.34 RCW) relative to the procedures to be followed in the enforcement of this chapter:
PROVIDED, That in relation to employers using or possessing sources of ionizing radiation the department of labor and
industries and the department of social and health services
shall agree upon mutual policies, rules, and regulations
compatible with policies, rules, and regulations adopted
pursuant to chapter 70.98 RCW insofar as such policies,
rules, and regulations are not inconsistent with the provisions
of this chapter. [1973 c 80 § 27.]
49.17.280 Agricultural workers and handlers of
agricultural pesticides—Coordination of regulation and
enforcement with department of agriculture. (1) As used
in this section, "federal worker protection standard" or
"federal standard" means the worker protection standard for
agricultural workers and handlers of agricultural pesticides
adopted by the United States environmental protection
agency in 40 C.F.R., part 170 as it exists on June 6, 1996.
(2)(a) No rule adopted under this chapter may impose
requirements that make compliance with the federal worker
protection standard impossible.
(b) The department shall adopt by rule safety and health
standards that are at least as effective as the federal standard.
Standards adopted by the department under this section shall
be adopted in coordination with the department of agriculture.
(3) If a violation of the federal worker protection
standard, or of state rules regulating activities governed by
the federal standard, is investigated by the department and by
the department of agriculture, the agencies shall conduct a
joint investigation if feasible, and shall share relevant
information. However, an investigation conducted by the
department under Title 51 RCW solely with regard to
industrial insurance shall not be considered to be an investigation by the department for this purpose. The agencies
shall not issue duplicate citations to an individual or business
for the same violation of the federal standard or state rules
regulating activities governed by the federal standard. By
December 1, 1996, the department and the department of
agriculture shall jointly establish a formal agreement that:
Identifies the roles of each of the two agencies in conducting
investigations of activities governed by the federal standard;
and provides for protection of workers and enforcement of
standards that is at least as effective as provided to all
workers under this chapter. The department’s role under the
agreement shall not extend beyond protection of safety and
health in the workplace as provided under this chapter.
[1996 c 260 § 2.]
Finding—Intent—1996 c 260: "The legislature finds that the state’s
highly productive and efficient agriculture sector is composed predominately
of family owned and managed farms and an industrious and efficient work
force. It is the intent of the legislature that the department of agriculture
and the department of labor and industries coordinate adoption, implementation, and enforcement of a common set of worker protection standards
related to pesticides in order to avoid inconsistency and conflict in the
application of those rules. It is also the intent of the legislature that the
department of agriculture and the department of labor and industries
coordinate investigations with the department of health as well. Further,
coordination of enforcement procedures under chapter 260, Laws of 1996
shall not reduce the effectiveness of the enforcement provisions of the
Washington industrial safety and health act of 1973 or the Washington
pesticide application act. Finally, when the department of agriculture or the
department of labor and industries anticipates regulatory changes to
(2002 Ed.)
49.17.270
standards regarding pesticide application and handling, they shall involve
the affected parties in the rule-making process and solicit relevant information. The department of agriculture and the department of labor and
industries shall identify differences in their respective jurisdictions and
penalty structures and publish those differences." [1996 c 260 § 1.]
Severability—1996 c 260: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1996 c 260 § 6.]
Department of agriculture authority: RCW 17.21.440.
49.17.300
Temporary worker housing—
Electricity—Storage, handling, preparation of food—
Rules. By December 1, 1998, the department of labor and
industries shall adopt rules requiring electricity in all
temporary worker housing and establishing minimum
requirements to ensure the safe storage, handling, and
preparation of food in these camps, regardless of whether
individual or common cooking facilities are in use. [1998 c
37 § 3.]
49.17.310 Temporary worker housing—Licensing,
operation, and inspection—Rules—Definition. The
department and the department of health shall adopt joint
rules for the licensing, operation, and inspection of temporary worker housing, and the enforcement thereof. For the
purposes of this section "temporary worker housing" has the
same meaning as given in RCW 70.114A.020. [1999 c 374
§ 2.]
49.17.320 Temporary worker housing operation
standards—Departments’ agreement—Enforcement—
Definition. By December 1, 1999, the department and the
department of health shall jointly establish a formal agreement that identifies the roles of each of the two agencies
with respect to the enforcement of temporary worker housing
operation standards.
The agreement shall, to the extent feasible, provide for
inspection and enforcement actions by a single agency, and
shall include measures to avoid multiple citations for the
same violation.
For the purposes of this section, "temporary worker
housing" has the same meaning as provided in RCW
70.114A.020. [1999 c 374 § 4.]
49.17.350 Flaggers. (1) The director of the department of labor and industries shall adopt permanent rules that
take effect no later than March 1, 2001, revising any safety
standards governing flaggers.
(2) The transportation commission shall adopt permanent rules that take effect no later than March 1, 2001,
revising any safety standards governing flaggers.
(3) The utilities and transportation commission shall
adopt permanent rules that take effect no later than March 1,
2001, revising any safety standards and employment qualifications governing flaggers.
(4) The permanent rules adopted pursuant to this section
shall be designed to improve options available to ensure the
safety of flaggers, ensure that flaggers have adequate visual
warning of objects approaching from behind them, and, with
respect to the utilities and transportation commission rules,
update employment qualifications for flaggers.
[Title 49 RCW—page 25]
49.17.350
Title 49 RCW: Labor Regulations
(5) In developing permanent rules adopted pursuant to
this section, state agencies and commissions shall consult
with other persons with an interest in improving safety
standards and updating employment qualifications for
flaggers. State agencies and commissions shall coordinate
and make consistent, to the extent possible, permanent rules.
State agencies and commissions shall report, by April 22,
2001, to the senate labor and workforce development
committee and the house of representatives commerce and
labor committee on the permanent rules adopted pursuant to
this section. [2000 c 239 § 2.]
Emergency rules: "(1) The director of the department of labor and
industries shall adopt emergency rules that take effect no later than June 1,
2000, revising any safety standards governing flaggers.
(2) The transportation commission shall adopt emergency rules that
take effect no later than June 1, 2000, revising any safety standards
governing flaggers.
(3) The utilities and transportation commission shall adopt emergency
rules that take effect no later than June 1, 2000, revising any safety
standards governing flaggers.
(4) Notwithstanding RCW 34.05.350, the emergency rules adopted
pursuant to this section shall remain in effect or be adopted in sequence
until March 1, 2001, or the effective date of the permanent rules adopted
pursuant to RCW 49.17.350, whichever is earlier.
(5) The emergency rules adopted pursuant to this section shall be
designed to improve options available to ensure the safety of flaggers, and
ensure that flaggers have adequate visual warning of objects approaching
from behind them.
(6) In developing emergency rules adopted pursuant to this section,
state agencies and commissions shall consult with other persons with an
interest in improving safety standards for flaggers. State agencies and
commissions shall report, by September 15, 2000, to the senate labor and
workforce development committee and the house of representatives
commerce and labor committee on the emergency rules adopted pursuant to
this section." [2000 c 239 § 1.]
Effective date—2000 c 239 §§ 1 and 2: "Sections 1 and 2 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [March 31, 2000]." [2000 c 239 § 9.]
Short title—2000 c 239 §§ 1 and 2: "Sections 1 and 2 of this act
may be known and cited as the "Kim Vendl Worker Safety Act."" [2000
c 239 § 10.]
Captions not law—2000 c 239: "Captions used in this act are not
any part of the law." [2000 c 239 § 11.]
49.17.900 Short title. This act shall be known and
cited as the Washington Industrial Safety and Health Act of
1973. [1973 c 80 § 29.]
49.17.910 Severability—1973 c 80. If any provision
of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1973 c 80 § 30.]
Chapter 49.19
SAFETY—HEALTH CARE SETTINGS
Sections
49.19.005
49.19.010
49.19.020
49.19.030
49.19.040
49.19.050
49.19.060
49.19.070
Findings—1999 c 377.
Definitions.
Workplace violence plan—Security and safety assessment.
Violence prevention training.
Violent acts—Records.
Noncompliance—Penalties.
Health care setting—Assistance.
Intent—Finding—Enforcement.
[Title 49 RCW—page 26]
49.19.005 Findings—1999 c 377. The legislature
finds that:
(1) Violence is an escalating problem in many health
care settings in this state and across the nation;
(2) Based on an analysis of workers’ compensation
claims, the department of labor and industries reports that
health care employees face the highest rate of workplace
violence in Washington state;
(3) The actual incidence of workplace violence in health
care settings is likely to be greater than documented because
of failure to report or failure to maintain records of incidents
that are reported;
(4) Patients, visitors, and health care employees should
be assured a reasonably safe and secure environment in
health care settings; and
(5) Many health care settings have undertaken efforts to
assure that patients, visitors, and employees are safe from
violence, but additional personnel training and appropriate
safeguards may be needed to prevent workplace violence and
minimize the risk and dangers affecting people in health care
settings. [1999 c 377 § 1.]
49.19.010 Definitions. For purposes of this chapter:
(1) "Health care setting" means:
(a) Hospitals as defined in RCW 70.41.020;
(b) Home health, hospice, and home care agencies under
chapter 70.127 RCW, subject to RCW 49.19.070;
(c) Evaluation and treatment facilities as defined in
*RCW 71.05.020(12); and
(d) Community mental health programs as defined in
RCW 71.24.025(5).
(2) "Department" means the department of labor and
industries.
(3) "Employee" means an employee as defined in RCW
49.17.020.
(4) "Violence" or "violent act" means any physical
assault or verbal threat of physical assault against an
employee of a health care setting. [2000 c 94 § 18; 1999 c
377 § 2.]
*Reviser’s note: "Evaluation and treatment facility" is defined in
RCW 71.05.020(13).
49.19.020 Workplace violence plan—Security and
safety assessment. (1) By July 1, 2000, each health care
setting shall develop and implement a plan to reasonably
prevent and protect employees from violence at the setting.
The plan shall address security considerations related to the
following items, as appropriate to the particular setting,
based upon the hazards identified in the assessment required
under subsection (2) of this section:
(a) The physical attributes of the health care setting;
(b) Staffing, including security staffing;
(c) Personnel policies;
(d) First aid and emergency procedures;
(e) The reporting of violent acts; and
(f) Employee education and training.
(2) Before the development of the plan required under
subsection (1) of this section, each health care setting shall
conduct a security and safety assessment to identify existing
or potential hazards for violence and determine the appropriate preventive action to be taken. The assessment shall in(2002 Ed.)
Safety—Health Care Settings
clude, but is not limited to, a measure of the frequency of,
and an identification of the causes for and consequences of,
violent acts at the setting during at least the preceding five
years or for the years records are available for assessments
involving home health, hospice, and home care agencies.
(3) In developing the plan required by subsection (1) of
this section, the health care setting may consider any
guidelines on violence in the workplace or in health care
settings issued by the department of health, the department
of social and health services, the department of labor and
industries, the federal occupational safety and health administration, medicare, and health care setting accrediting
organizations. [1999 c 377 § 3.]
49.19.030 Violence prevention training. By July 1,
2001, and on a regular basis thereafter, as set forth in the
plan developed under RCW 49.19.020, each health care
setting shall provide violence prevention training to all its
affected employees as determined by the plan. The training
shall occur within ninety days of the employee’s initial
hiring date unless he or she is a temporary employee. For
temporary employees, training would take into account
unique circumstances. The training may vary by the plan
and may include, but is not limited to, classes, videotapes,
brochures, verbal training, or other verbal or written training
that is determined to be appropriate under the plan. The
training shall address the following topics, as appropriate to
the particular setting and to the duties and responsibilities of
the particular employee being trained, based upon the
hazards identified in the assessment required under RCW
49.19.020:
(1) General safety procedures;
(2) Personal safety procedures;
(3) The violence escalation cycle;
(4) Violence-predicting factors;
(5) Obtaining patient history from a patient with violent
behavior;
(6) Verbal and physical techniques to de-escalate and
minimize violent behavior;
(7) Strategies to avoid physical harm;
(8) Restraining techniques;
(9) Appropriate use of medications as chemical restraints;
(10) Documenting and reporting incidents;
(11) The process whereby employees affected by a
violent act may debrief;
(12) Any resources available to employees for coping
with violence; and
(13) The health care setting’s workplace violence
prevention plan. [1999 c 377 § 4.]
49.19.040 Violent acts—Records. Beginning no later
than July 1, 2000, each health care setting shall keep a
record of any violent act against an employee, a patient, or
a visitor occurring at the setting. At a minimum, the record
shall include:
(1) The health care setting’s name and address;
(2) The date, time, and specific location at the health
care setting where the act occurred;
(2002 Ed.)
49.19.020
(3) The name, job title, department or ward assignment,
and staff identification or social security number of the
victim if an employee;
(4) A description of the person against whom the act
was committed as:
(a) A patient;
(b) A visitor;
(c) An employee; or
(d) Other;
(5) A description of the person committing the act as:
(a) A patient;
(b) A visitor;
(c) An employee; or
(d) Other;
(6) A description of the type of violent act as a:
(a) Threat of assault with no physical contact;
(b) Physical assault with contact but no physical injury;
(c) Physical assault with mild soreness, surface abrasions, scratches, or small bruises;
(d) Physical assault with major soreness, cuts, or large
bruises;
(e) Physical assault with severe lacerations, a bone fracture, or a head injury; or
(f) Physical assault with loss of limb or death;
(7) An identification of any body part injured;
(8) A description of any weapon used;
(9) The number of employees in the vicinity of the act
when it occurred; and
(10) A description of actions taken by employees and
the health care setting in response to the act. Each record
shall be kept for at least five years following the act reported, during which time it shall be available for inspection by
the department upon request. [1999 c 377 § 5.]
49.19.050 Noncompliance—Penalties. Failure of a
health care setting to comply with this chapter shall subject
the setting to citation under chapter 49.17 RCW. [1999 c
377 § 6.]
49.19.060 Health care setting—Assistance. A health
care setting needing assistance to comply with this chapter
may contact the federal department of labor or the state
department of labor and industries for assistance. The state
departments of labor and industries, social and health services, and health shall collaborate with representatives of
health care settings to develop technical assistance and
training seminars on plan development and implementation,
and shall coordinate their assistance to health care settings.
[1999 c 377 § 7.]
49.19.070 Intent—Finding—Enforcement. It is the
intent of the legislature that any violence protection and
prevention plan developed under this chapter be appropriate
to the setting in which it is to be implemented. To that end,
the legislature recognizes that not all professional health care
is provided in a facility or other formal setting, such as a
hospital. Many services are provided by home health,
hospice, and home care agencies. The legislature finds that
it is inappropriate and impractical for these agencies to
address workplace violence in the same manner as other,
facility-based, health care settings. When enforcing this
[Title 49 RCW—page 27]
49.19.070
Title 49 RCW: Labor Regulations
chapter as to home health, hospice, and home care agencies,
the department shall allow agencies sufficient flexibility in
recognition of the unique circumstances in which these agencies deliver services. [1999 c 377 § 8.]
Chapter 49.22
SAFETY—CRIME PREVENTION
Sections
49.22.010
49.22.020
49.22.030
49.22.900
Definitions.
Late night retail establishments—Duties.
Enforcement.
Effective date—Implementation—1989 c 357.
49.22.010 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise.
(1) "Department" means the department of labor and
industries.
(2) "Late night retail establishment" means any business
or commercial establishment making sales to the public
between the hours of eleven o’clock p.m. and six o’clock
a.m., except restaurants, hotels, taverns, or any lodging
facility.
(3) "Employer" means the operator, lessee, or franchisee
of a late night retail establishment. [1989 c 357 § 1.]
49.22.020 Late night retail establishments—Duties.
In addition to providing crime prevention training as provided in *section 2 of this act, all employers operating late
night retail establishments shall:
(1) Post a conspicuous sign in the window or door
which states that there is a safe on the premises and it is not
accessible to the employees on the premises and that the
cash register contains only the minimal amount of cash
needed to conduct business: PROVIDED, That an employer
shall not be subject to penalties under RCW 49.22.030 for
having moneys in the cash register in excess of the minimal
amount needed to conduct business;
(2) So arrange all material posted in the window or door
so as to provide a clear and unobstructed view of the cash
register, provided the cash register is otherwise in a position
visible from the street;
(3) Have a drop-safe, limited access safe, or comparable
device on the premises; and
(4) Operate the outside lights for that portion of the
parking area that is necessary to accommodate customers
during all night hours the late night retail establishment is
open, if the late night retail establishment has a parking area
for its customers. [1989 c 357 § 3.]
*Reviser’s note: "Section 2 of this act" was vetoed by the governor.
49.22.030 Enforcement. The requirements of this
chapter shall be implemented and enforced, including rules,
citations, violations, penalties, appeals, and other administrative procedures by the director of the department of labor
and industries pursuant to the Washington industrial safety
and health act of 1973, chapter 49.17 RCW. [1989 c 357 §
4.]
[Title 49 RCW—page 28]
49.22.900 Effective date—Implementation—1989 c
357. This act shall take effect January 1, 1990. The
director of the department of labor and industries may
immediately take such steps as are necessary to ensure that
this act is implemented on its effective date. [1989 c 357 §
7.]
Chapter 49.24
HEALTH AND SAFETY—UNDERGROUND
WORKERS
Sections
49.24.010 Pressure defined.
49.24.020 Compressed air safety requirements.
49.24.030 Medical and nursing attendants.
49.24.040 Examination as to physical fitness.
49.24.060 Penalty.
49.24.070 Enforcement.
49.24.080 Requirements for underground labor.
49.24.100 Lighting appliances.
49.24.110 Exhaust valves.
49.24.120 Fire prevention.
49.24.130 Air chambers—Hanging walks.
49.24.140 Locks.
49.24.150 Explosives and detonators.
49.24.160 Air plant—Feed water.
49.24.170 Electric power requirements.
49.24.180 Inspection.
49.24.190 Cars, cages, buckets—Employees riding or walking.
49.24.200 Speed of vehicles.
49.24.210 Oil supply restricted.
49.24.220 Explosives, use of—Blasting.
49.24.230 Firing switch—Warning by blaster.
49.24.240 Inspection after blast.
49.24.250 Code of signals.
49.24.260 Requirements as to caissons.
49.24.270 Shields to be provided.
49.24.280 Caissons to be braced.
49.24.290 Cages—Hoisting apparatus.
49.24.300 Buckets in vertical shafts.
49.24.310 Telephone system for tunnels.
49.24.320 Location of lights.
49.24.330 Generators, transformers, etc., to be grounded.
49.24.340 Electrical voltage.
49.24.350 Lamps to be held in reserve.
49.24.360 Insulators required.
49.24.370 Director to make rules and regulations.
49.24.380 Penalty.
Coal mining code: Title 78 RCW.
Protection of employees: State Constitution Art. 2 § 35.
Supervisor of safety: RCW 43.22.040.
49.24.010 Pressure defined. The term "pressure"
means gauge air pressure in pounds per square inch. [1937
c 131 § 1; RRS § 7666-1.]
49.24.020 Compressed air safety requirements.
Every employer of persons for work in compressed air shall:
(1) Connect at least two air pipes with the working
chamber and keep such pipes in perfect working condition;
(2) Attach to the working chamber in accessible
positions all instruments necessary to show its pressure and
keep such instruments in charge of competent persons, with
a period of duty for each such person not exceeding six
hours in any twenty-four;
(3) Place in each shaft a safe ladder extending its entire
length;
(2002 Ed.)
Health and Safety—Underground Workers
(4) Light properly and keep clear such passageway;
(5) Provide independent lighting systems for the
working chamber and shaft leading to it, when electricity is
used for lighting;
(6) Guard lights other than electric lights;
(7) Protect workmen by a shield erected in the working
chamber when such chamber is less than ten feet long and
is suspended with more than nine feet space between its
deck and the bottom of the excavation;
(8) Provide for and keep accessible to employees
working in compressed air a dressing room heated, lighted
and ventilated properly and supplied with benches, lockers,
sanitary waterclosets, bathing facilities and hot and cold
water;
(9) Establish and maintain a medical lock properly
heated, lighted, ventilated and supplied with medicines and
surgical implements, when the maximum air pressure
exceeds seventeen pounds. [1937 c 131 § 2; RRS § 7666-2.]
49.24.030 Medical and nursing attendants. Every
employer of persons for work in compressed air shall:
(1) Keep at the place of work at all necessary times a
duly qualified medical officer to care for cases of illness and
to administer strictly and enforce RCW 49.24.020 and
49.24.040;
(2) Keep at a medical lock required by RCW
49.24.020(9) a certified nurse selected by the medical officer
required by subdivision (1) of this section and qualified to
give temporary relief in cases of illness. [1937 c 131 § 3;
RRS § 7666-3.]
49.24.040 Examination as to physical fitness. If an
employee is a new employee, an absentee for ten or more
successive days, an employee who has worked in compressed air continuously for three months or a beginner in
compressed air who has worked but a single shaft [shift] as
required by *RCW 49.24.050, the officer required by RCW
49.24.030(1) shall examine him and declare him physically
fit to work in compressed air before permitting him to enter
or reenter the working chamber. Excessive users of intoxicants shall not be permitted to work in compressed air.
[1937 c 131 § 4; RRS § 7666-4.]
*Reviser’s note: RCW 49.24.050 was repealed by 1963 c 105 § 1.
49.24.060 Penalty. Violation of or noncompliance
with any provision of *this article by any employer, manager, superintendent, foreman or other person having direction
or control of such work shall be a gross misdemeanor punishable by a fine of not less than two hundred and fifty
dollars or by imprisonment for not more than one year or by
both such fine and imprisonment. [1937 c 131 § 7; RRS §
7666-7.]
*Reviser’s note: "this article" appears in 1937 c 131, an eight section
act that was not subdivided by "article" organization. The act is codified as
RCW 49.24.010 through 49.24.070.
49.24.070 Enforcement. The director of labor and
industries shall have the power and it shall be the director’s
duty to enforce the provisions of RCW 49.24.010 through
49.24.070. Any authorized inspector or agent of the department may issue and serve upon the employer or person in
(2002 Ed.)
49.24.020
charge of such work, an order requiring compliance with a
special provision or specific provisions of RCW 49.24.010
through 49.24.070 and directing the discontinuance of any
employment of persons in compressed air in connection with
such work until such specific provision or provisions have
been complied with by such employer to the satisfaction of
the department. [1994 c 164 § 23; 1973 1st ex.s. c 52 § 7;
1937 c 131 § 8; RRS § 7666-8.]
Effective date—1973 1st ex.s. c 52: See note following RCW
43.22.010.
49.24.080 Requirements for underground labor.
Every person, firm or corporation constructing, building or
operating a tunnel, quarry, caisson or subway, excepting in
connection with mines, with or without compressed air, shall
in the employment of any labor comply with the following
safety provisions:
(1) A safety miner shall be selected by the crew on each
shift who shall check the conditions necessary to make the
working place safe; such as loose rock, faulty timbers, poor
rails, lights, ladders, scaffolds, fan pipes and firing lines.
(2) Ventilating fans shall be installed from twenty-five
to one hundred feet outside the portal.
(3) No employee shall be allowed to "bar down" without
the assistance of another employee.
(4) No employee shall be permitted to return to the
heading until at least thirty minutes after blasting.
(5) Whenever persons are employed in wet places, the
employer shall furnish such persons with rubbers, boots,
coats and hats. All boots if worn previously by an employee
shall be sterilized before being furnished to another: PROVIDED, That RCW 49.24.080 through 49.24.380 shall not
apply to the operation of a railroad except that new construction of tunnels, caissons or subways in connection therewith
shall be subject to the provisions of RCW 49.24.080 through
49.24.380: PROVIDED, FURTHER, That in the event of
repair work being done in a railroad tunnel, no person shall
be compelled to perform labor until the air has been cleared
of smoke, gas and fumes. [1973 1st ex.s. c 154 § 89; 1965
c 144 § 1; 1941 c 194 § 1; Rem. Supp. 1941 § 7666-9.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
49.24.100 Lighting appliances. (1) All lighting in
compressed air chambers shall be by electricity only.
Wherever practicable there shall be two independent lighting
systems with independent sources of supply.
(2) The exterior of all lamp sockets shall be entirely
nonmetallic.
(3) All portable incandescent lamps used shall be
guarded by a wire cage large enough to enclose both lamp
and socket.
(4) All incandescent lamps shall be so placed that they
cannot come in contact with any combustible material.
(5) Only heavy insulated or armored wire shall be used
for light or power. [1941 c 194 § 3; Rem. Supp. 1941 §
7666-11.]
49.24.110 Exhaust valves. Exhaust valves shall be
provided, having risers extending to the upper part of
chamber, if necessary, and shall be operated at such times as
[Title 49 RCW—page 29]
49.24.110
Title 49 RCW: Labor Regulations
may be required and especially after a blast, and persons
shall not be required to resume work after a blast until the
gas and smoke have cleared, for at least thirty minutes.
[1973 1st ex.s. c 154 § 90; 1941 c 194 § 4; Rem. Supp.
1941 § 7666-12.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
49.24.120 Fire prevention. All reasonable precaution
shall be taken against fire, and provisions shall be made so
that water lines shall be available for use at all times. Fire
hose connections with hose connected shall be installed in all
power plants and work houses. There shall be fire hose connections within reasonable distance of all caissons. Fire
hose shall be connected at either side of a tunnel bulkhead,
with at least fifty feet of hose with nozzle connection.
Water lines shall extend into each tunnel with hose connections every two hundred feet and shall be kept ready for use
at all times. [1941 c 194 § 5; Rem. Supp. 1941 § 7666-13.]
49.24.130 Air chambers—Hanging walks. (1)
Whenever the air pressure in a tunnel heading exceeds
twenty-one pounds per square inch above atmospheric pressure, two air chambers shall always be in use, except for
such time as may be necessary when headings are being
started from shafts; and whenever practicable the pressure in
the outer chamber shall not exceed one-half the pressure in
the heading;
(2) In all tunnels sixteen feet in diameter or over,
hanging walks shall be provided from working face to
nearest lock. An overhead clearance of six feet shall be
maintained and suitable ramps provided under all safety
screens. [1941 c 194 § 6; Rem. Supp. 1941 § 7666-14.]
49.24.140 Locks. (1) Each bulkhead in tunnels of
twelve feet or more in diameter or equivalent area, shall
have at least two locks in perfect working condition, one of
which shall be used as a man lock. An additional lock for
use in case of emergency shall be held in reserve.
(2) The man lock shall be large enough so that those
using it are not compelled to be in a cramped position, and
shall not be less than five feet in height. Emergency locks
shall be large enough to hold an entire heading shift.
(3) All locks used for decompression shall be lighted by
electricity and shall contain a pressure gauge, a time piece,
a glass "bull’s eye" in each door or in each end, and shall
also have facilities for heating.
(4) Valves shall be so arranged that the locks can be
operated both from within and from without. [1941 c 194
§ 7; Rem. Supp. 1941 § 7666-15.]
49.24.150 Explosives and detonators. When locking
explosives and detonators into the air chamber, they shall be
kept at opposite ends of the lock. While explosives and
detonators are being taken through, no men other than the
lock tender and the carriers shall be permitted in the lock.
[1941 c 194 § 8; Rem. Supp. 1941 § 7666-16.]
49.24.160 Air plant—Feed water. (1) A good and
sufficient air plant for the compression of air shall be
provided to meet not only ordinary conditions, but emergen[Title 49 RCW—page 30]
cies, and to provide margin for repairs at all times. Provision must be made for storing in tanks at each boiler house
enough feed water for twelve hours’ supply unless connection can be made with two independent and separately
sufficient sources of supply.
(2) The plant shall be capable of furnishing to each
working chamber a sufficient air supply for all pressure to
enable work to be done. [1941 c 194 § 9; Rem. Supp. 1941
§ 7666-17.]
49.24.170 Electric power requirements. When
electric power is used for running compressors supplying air
for compressed air tunnel work and such power is purchased
from a local central station or power company—
(1) There shall be two or more sources of power from
the power company’s stations to the compressor plant. Such
power feeders shall each have a capacity large enough to
carry the entire compressor plant load and normal overload.
The feeders shall preferably run from separate generating
plants or substations and be carried to the compressor plant
over separate routes and not through the same duct lines and
manholes so that the breakdown of one feeder shall not
cause an interruption on the other feeder.
(2) There shall be duplicate feeder bus-bars, and feeder
connections to the bus-bars shall be such that either feeder
can feed to each separate bus-bar set, individually, or
simultaneously to both sets.
(3) There shall be at least two compressors so connected
to the bus-bars that they can be operated from either set of
busses. The compressors shall be fed from different bus-bar
sets, in such a way that a breakdown of a feeder or bus-bar
would interrupt the operation of only part of the compressor
plant.
(4) Duplicate air feed pipes shall be provided from the
compressor plant to a point beyond the lock. [1941 c 194 §
10; Rem. Supp. 1941 § 7666-18.]
49.24.180 Inspection. While work is in progress, the
employer shall employ a competent person who shall make
a regular inspection at least once every working day of all
engines, boilers, steam pipes, drills, air pipes, air gauges, air
locks, dynamos, electric wiring, signaling apparatus, brakes,
cages, buckets, hoists, cables, ropes, timbers, supports, and
all other apparatus and appliances; and he shall immediately
upon discovery of any defect, report same in writing to the
employer, or his agent in charge. [1941 c 194 § 11; Rem.
Supp. 1941 § 7666-19.]
49.24.190 Cars, cages, buckets—Employees riding
or walking. No employee shall ride on any loaded car, cage
or bucket, nor walk up or down any incline or shaft while
any car, cage or bucket is above him. [1941 c 194 § 12;
Rem. Supp. 1941 § 7666-20.]
49.24.200 Speed of vehicles. No vehicle shall be
operated underground at a speed greater than five miles an
hour, while construction work is going on. [1941 c 194 §
13; Rem. Supp. 1941 § 7666-21.]
49.24.210 Oil supply restricted. Oil for illumination
or power shall not be taken into the underground workings
(2002 Ed.)
Health and Safety—Underground Workers
of any tunnel or kept therein in greater quantities than one
day’s supply. [1941 c 194 § 14; Rem. Supp. 1941 § 766622.]
49.24.220 Explosives, use of—Blasting. (1) No
greater quantity of explosives than that which is required for
immediate use shall be taken into the working chamber.
(2) Explosives shall be conveyed in a suitable covered
wooden box.
(3) Detonators shall be conveyed in a separate covered
wooden box.
(4) Explosives and detonators shall be taken separately
into the caissons.
(5) After blasting is completed, all explosives and
detonators shall be returned at once to the magazine.
(6) No naked light shall be used in the vicinity of open
chests or magazines containing explosives, nor near where
a charge is being primed.
(7) No tools or other articles shall be carried with the
explosives or with the detonators.
(8) All power lines and electric light wires shall be
disconnected at a point outside the blasting switch before the
loading of holes. No current by grounding of power or
bonded rails shall be allowed beyond blasting switch after
explosives are taken in preparatory to blasting, and under no
circumstances shall grounded current be used for exploding
blasts.
(9) Before drilling is commenced on any shift, all
remaining holes shall be examined with a wooden stick for
unexploded charges or cartridges, and if any are found, same
shall be refired before work proceeds.
(10) No person shall be allowed to deepen holes that
have previously contained explosives.
(11) All wires in broken rock shall be carefully traced
and search made for unexploded cartridges.
(12) Whenever blasting is being done in a tunnel, at
points liable to break through to where other men are at
work, the foreman or person in charge shall, before any
holes are loaded, give warning of danger to all persons that
may be working where the blasts may break through, and he
shall not allow any holes to be charged until warning is acknowledged and men are removed.
(13) Blasters when testing circuit through charged holes
shall use sufficient leading wires to be at a safe distance and
shall use only approved types of galvanometers. No tests of
circuits in charged holes shall be made until men are
removed to safe distance.
(14) No blasts shall be fired with fuse, except electrically ignited fuse, in vertical or steep shafts.
(15) In shaft sinking where the electric current is used
for firing, a separate switch not controlling any electric lights
must be used for blasting and proper safeguard similar to
those in tunnels must be followed in order to insure against
premature firing. [1941 c 194 § 15; Rem. Supp. 1941 §
7666-23.]
Explosives: Chapter 70.74 RCW.
49.24.230 Firing switch—Warning by blaster.
When firing by electricity from power or lighting wires, a
proper switch shall be furnished with lever down when "off".
(2002 Ed.)
49.24.210
The switch shall be fixed in a locked box to which no
person shall have access except the blaster. There shall be
provided flexible leads or connecting wires not less than five
feet in length with one end attached to the incoming lines
and the other end provided with plugs that can be connected
to an effective ground. After blasting, the switch lever shall
be pulled out, the wires disconnected and the box locked
before any person shall be allowed to return, and shall
remain so locked until again ready to blast.
In the working chamber all electric light wires shall be
provided with a disconnecting switch, which must be thrown
to disconnect all current from the wires in the working
chamber before electric light wires are removed or the
charge exploded.
Before blasting the blaster shall cause a sufficient
warning to be sounded and shall compel all persons to
retreat to a safe shelter, before he sets off the blast, and shall
permit no one to return until conditions are safe. [1941 c
194 § 16; Rem. Supp. 1941 § 7666-24.]
49.24.240 Inspection after blast. (1) After a blast is
fired, loosened pieces of rock shall be scaled from the sides
of the excavation and after the blasting is completed, the
entire working chamber shall be thoroughly scaled.
(2) The person in charge shall inspect the working
chamber and have all loose rock or ground removed and the
chamber made safe before proceeding with the work.
(3) Drilling must not be started until all remaining butts
of old holes are examined for unexploded charges. [1941 c
194 § 17; Rem. Supp. 1941 § 7666-25.]
49.24.250 Code of signals. Any code of signals used
shall be printed and copies thereof, in such languages as may
be necessary to be understood by all persons affected
thereby, shall be kept posted in a conspicuous place near
entrances to work places and in such other places as may be
necessary to bring them to the attention of all persons
affected thereby.
Effective and reliable signaling devices shall be maintained at all times to give instant communication between the
bottom and top of the shaft. [1941 c 194 § 18; Rem. Supp.
1941 § 7666-26.]
49.24.260 Requirements as to caissons. All shafting
used in pneumatic caissons shall be provided with ladders,
which are to be kept clear and in good condition at all times.
The distance between the centers of the rungs of a ladder
shall not exceed fourteen inches and shall not vary more
than one inch in any one piece of shafting. The length of
the ladder rungs shall not be less than nine inches. The
rungs of the ladder shall in no case be less than three inches
from the wall or other obstruction in the shafting or opening
in which the ladder shall be used. Under no circumstances
shall a ladder inclining backward from the vertical be
installed. A suitable ladder shall be provided from the top
of all locks to the surface.
All man shafts shall be lighted at a distance of every ten
feet with a guarded incandescent lamp.
All outside caisson air locks shall be provided with a
platform not less than forty-two inches wide, and provided
with a guard rail forty-two inches high.
[Title 49 RCW—page 31]
49.24.260
Title 49 RCW: Labor Regulations
All caissons in which fifteen or more men are employed
shall have two locks, one of which shall be used as a man
lock. Man locks and man shafts shall be in charge of a man
whose duty it shall be to operate said lock and shaft. All
caissons more than ten feet in diameter shall be provided
with a separate man shaft, which shall be kept clear and in
operating order at all times.
Locks shall be so located that the distance between the
bottom door and water level shall be not less than three feet.
[1941 c 194 § 19; Rem. Supp. 1941 § 7666-27.]
49.24.270 Shields to be provided. Wherever, in the
prosecution of caisson work in which compressed air is
employed, the working chamber is less than twelve feet in
length, and when such caissons are at any time suspended or
hung while work is in progress, so that the bottom of the
excavation is more than nine feet below the deck of the
working chamber, a shield shall be erected therein for the
protection of the workers. [1989 c 12 § 15; 1941 c 194 §
20; Rem. Supp. 1941 § 7666-28.]
49.24.280 Caissons to be braced. All caissons shall
be properly and adequately braced before loading with
concrete or other weight. [1941 c 194 § 21; Rem. Supp.
1941 § 7666-29.]
49.24.290 Cages—Hoisting apparatus. In all shafts
where men are hoisted or lowered, an iron-bonneted cage
shall be used for the conveyance of men, but this provision
shall not apply to shafts in the process of sinking or during
the dismantling of the shaft after work in the tunnel is
substantially completed.
Cages shall be provided with bonnets consisting of two
steel plates not less than three-sixteenths of an inch in
thickness, sloping toward each side and so arranged that they
may be readily pushed upward to afford egress to persons
therein, and such bonnet shall cover the top of the cage in
such manner as to protect persons in the cage from falling
objects.
Cages shall be entirely enclosed on two sides with solid
partition or wire mesh not less than No. 8 U.S. Standard
gauge, no opening in which shall exceed two inches.
Cages shall be provided with hanging chains or other
similar devices for hand holds.
Every cage shall be provided with an approved safety
catch of sufficient strength to hold the cage with its maximum load at any point in the shaft.
All parts of the hoisting apparatus, cables, brakes,
guides and fastenings shall be of the most substantial design
and shall be arranged for convenient inspection. The
efficiency of all safety devices shall be established by satisfactory tests before the cages are put into service and at least
once every three months thereafter and a record thereof kept.
The test of the safety catch shall consist of releasing the
cage suddenly in such manner that the safety catches shall
have opportunity to grip the guides. [1941 c 194 § 22; Rem.
Supp. 1941 § 7666-30.]
49.24.300 Buckets in vertical shafts. In all vertical
shafts in which hoisting is done by means of a bucket,
suitable guides shall be provided when the depth exceeds ten
[Title 49 RCW—page 32]
times the diameter or width of the shaft, but in no case shall
the maximum depth without guides exceed one hundred and
fifty feet. In connection with the bucket, there shall be a
crosshead traveling between these guides. The height of the
crosshead shall be at least two-thirds of its width, but the
height in no case shall be less than thirty inches. [1941 c
194 § 23; Rem. Supp. 1941 § 7666-31.]
49.24.310 Telephone system for tunnels. Where
tunnels are driven from shafts more than two hundred and
fifty feet deep, a telephone system shall be established and
maintained, communicating with the surface at each such
shaft, and with a station or stations readily and quickly
accessible to the men at the working level. [1941 c 194 §
24; Rem. Supp. 1941 § 7666-32.]
49.24.320 Location of lights. (1) While work is in
progress, tunnels, stairways, ladderways and all places on the
surface where work is being conducted, shall be properly
lighted. In shafts more than one hundred feet deep, the shaft
below that point shall be lighted.
(2) All places where hoisting, pumping or other machinery is erected and in the proximity of which persons are
working or moving about, shall be so lighted when the
machine is in operation that the moving parts of such
machine can be clearly distinguished. [1941 c 194 § 25;
Rem. Supp. 1941 § 7666-33.]
49.24.330 Generators, transformers, etc., to be
grounded. The frames and bed plates of generators,
transformers, compensators, rheostats and motors installed
underground shall be effectively grounded. All metallic
coverings, armoring of cables, other than trailing cables, and
the neutral wire of three-wire systems shall also be so
grounded. [1941 c 194 § 26; Rem. Supp. 1941 § 7666-34.]
49.24.340 Electrical voltage. In electrical systems installed, no higher voltage than low voltage shall be used
underground, except for transmission or other application to
transformers, motors, generators or other apparatus in which
the whole of the medium or high voltage apparatus is
stationary. [1941 c 194 § 27; Rem. Supp. 1941 § 7666-35.]
49.24.350 Lamps to be held in reserve. Lamps or
other proper lights shall be kept ready for use in all underground stations where a failure of electric light is likely to
cause danger. [1941 c 194 § 28; Rem. Supp. 1941 § 766636.]
49.24.360 Insulators required. (1) All underground
cables and wires, unless provided with grounded metallic
covering, shall be supported by efficient insulators. The
conductors connecting lamps to the power supply shall in all
cases be insulated.
(2) Cables and wires unprovided with metallic coverings
shall not be fixed to walls or timbers by means of
uninsulated fastenings. [1941 c 194 § 29; Rem. Supp. 1941
§ 7666-37.]
(2002 Ed.)
Health and Safety—Underground Workers
49.24.370 Director to make rules and regulations.
The director of labor and industries shall establish such rules
and regulations as he deems primarily necessary for the
safety of the employees employed in tunnels, quarries,
caissons and subways and shall be guided by the most
modern published studies and researches made by persons or
institutions into the correction of the evils chargeable to
improper safeguards and inspection of the tools, machinery,
equipment and places of work obtaining in the industries
covered by RCW 49.24.080 through 49.24.380. [1941 c 194
§ 32; Rem. Supp. 1941 § 7666-39.]
49.24.380 Penalty. Every person violating any of the
provisions of RCW 49.24.080 through 49.24.380 shall be
guilty of a misdemeanor. [1941 c 194 § 31; Rem. Supp.
1941 § 7666-38.]
Chapter 49.26
HEALTH AND SAFETY—ASBESTOS
Sections
49.26.010
49.26.013
49.26.016
49.26.020
49.26.030
49.26.040
49.26.100
49.26.110
49.26.115
49.26.120
49.26.125
49.26.130
49.26.140
49.26.150
49.26.900
49.26.901
Legislative declaration.
Inspection of construction projects required.
Inspection of construction projects—Penalties.
Asbestos use standards.
Containers for asbestos products.
Regulations—Enforcement.
Asbestos projects—Definitions.
Asbestos projects—Worker’s and supervisor’s certificates.
Asbestos abatement projects—Contractor’s certificate required.
Asbestos projects—Qualified asbestos workers and supervisor—Prenotification to department—Fire personnel.
Prenotification to department—Exemptions.
Asbestos projects—Rules—Fees—Asbestos account.
Asbestos projects—Enforcement—Penalties.
Discrimination against employee filing complaint prohibited.
Severability—1973 c 30.
Effective dates—1988 c 271 §§ 6-18.
49.26.010 Legislative declaration. Air-borne asbestos
dust and particles, such as those from sprayed asbestos
slurry, asbestos-coated ventilating ducts, and certain other
applications of asbestos are known to produce irreversible
lung damage and bronchogenic carcinoma. One American
of every four dying in urban areas of the United States has
asbestos particles or dust in his lungs. The nature of this
problem is such as to constitute a hazard to the public health
and safety, and should be brought under appropriate regulation. [1973 c 30 § 1.]
49.26.013 Inspection of construction projects
required. (1) Any owner or owner’s agent who allows or
authorizes any construction, renovation, remodeling, maintenance, repair, or demolition project which has a reasonable
possibility, as defined by the department, of disturbing or releasing asbestos into the air, shall perform or cause to be
performed, using practices approved by the department, a
good faith inspection to determine whether the proposed
project will disturb or release any material containing
asbestos into the air.
Such inspections shall be conducted by persons meeting
the accreditation requirements of the federal toxics substanc(2002 Ed.)
49.24.370
es control act, section 206(a) (1) and (3) (15 U.S.C. 2646(a)
(1) and (3)).
An inspection under this section is not required if the
owner or owner’s agent is reasonably certain that asbestos
will not be disturbed or assumes that asbestos will be
disturbed by a project which involves construction, renovation, remodeling, maintenance, repair, or demolition and
takes the maximum precautions as specified by all applicable
federal and state requirements.
(2) Except as provided in RCW 49.26.125, the owner or
owner’s agent shall prepare and maintain a written report
describing each inspection, or a statement of assumption of
the presence or reasonable certainty of the absence of
asbestos, and shall provide a copy of the written report or
statement to all contractors before they apply or bid on
work. In addition, upon written or oral request, the owner
or owner’s agent shall make a copy of the written report
available to: (1) The department of labor and industries; (2)
contractors; and (3) the collective bargaining representatives
or employee representatives, if any, of employees who may
be exposed to any asbestos or material containing asbestos.
A copy shall be posted as prescribed by the department in
a place that is easily accessible to such employees. [1995 c
218 § 1; 1989 c 154 § 2. Prior: 1988 c 271 § 7.]
Purpose—1989 c 154: "The purpose of chapter 154, Laws of 1989
is to make corrections to chapter 271, Laws of 1988, and to ensure that the
changes made in that chapter meet the constitutional requirements of Article
II, section 19 of the state Constitution." [1989 c 154 § 1.]
Severability—1989 c 154: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 154 § 14.]
49.26.016 Inspection of construction projects—
Penalties. (1) Any owner or owner’s agent who allows the
start of any construction, renovation, remodeling, maintenance, repair, or demolition without first (a) conducting the
inspection and preparing and maintaining the report of the
inspection, or preparing and maintaining a statement of
assumption of the presence or reasonable certainty of the
absence of asbestos, as required under RCW 49.26.013; and
(b) preparing and maintaining the additional written description of the project as required under RCW 49.26.120 shall be
subject to a mandatory fine of not less than two hundred
fifty dollars for each violation. Each day the violation
continues shall be considered a separate violation. In
addition, any construction, renovation, remodeling, maintenance, repair, or demolition which was started without
meeting the requirements of RCW 49.26.013 and 49.26.120
shall be halted immediately and cannot be resumed before
meeting such requirements.
(2) No contractor may commence any construction,
renovation, remodeling, maintenance, repair or demolition
project without receiving the copy of the written report or
statement from the owner or the owner’s agent. Any
contractor who begins any project without the copy of the
written report or statement shall be subject to a mandatory
fine of not less than two hundred and fifty dollars per day.
Each day the violation continues shall be considered a
separate violation.
(3) The certificate of any asbestos contractor who
knowingly violates any provision of this chapter or any rule
[Title 49 RCW—page 33]
49.26.016
Title 49 RCW: Labor Regulations
adopted under this chapter shall be revoked for a period of
not less than six months.
(4) The penalties imposed in this section are in addition
to any penalties under RCW 49.26.140. [1995 c 218 § 2;
1989 c 154 § 3. Prior: 1988 c 271 § 8.]
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
49.26.020 Asbestos use standards. Standards
regulating the use of asbestos in construction or manufacturing shall be established by the director of the department of
labor and industries, with the advice of the state health
officer and the department of ecology. Standards to be
adopted shall describe the types of asbestos that may be used
in construction and manufacturing, the methods and procedures for their use, and such other requirements as may be
needed to protect the public health and safety with respect to
air-borne asbestos particles and asbestos dust. [1973 c 30 §
2.]
49.26.030 Containers for asbestos products.
Products containing asbestos shall be stored in containers of
types approved by the director of the department of labor
and industries, with the advice of the state health officer and
the department of ecology. Containers of asbestos shall be
plainly marked "Asbestos—do not inhale" or other words to
the same effect. [1973 c 30 § 3.]
49.26.040 Regulations—Enforcement. The asbestos
use standards required under RCW 49.26.020 and the list of
approved container types required under RCW 49.26.030
shall be adopted as regulations of the department of labor
and industries. The department shall have the power to
implement and enforce such regulations. [1973 c 30 § 4.]
49.26.100 Asbestos projects—Definitions. Unless the
context clearly requires otherwise, the definitions in this
section apply throughout this chapter.
(1) "Asbestos abatement project" means an asbestos
project involving three square feet or three linear feet, or
more, of asbestos-containing material.
(2) "Asbestos project" means the construction, demolition, repair, maintenance, remodeling, or renovation of any
public or private building or mechanical piping equipment or
systems involving the demolition, removal, encapsulation,
salvage, or disposal of material, or outdoor activity, releasing
or likely to release asbestos fibers into the air.
(3) "Department" means the department of labor and
industries.
(4) "Director" means the director of the department of
labor and industries or the director’s designee.
(5) "Person" means any individual, partnership, firm,
association, corporation, sole proprietorship, or the state of
Washington or its political subdivisions.
(6) "Certified asbestos supervisor" means an individual
who is certified by the department to supervise an asbestos
project. A certified asbestos supervisor is not required for
projects involving less than three square feet or three linear
feet of asbestos-containing material.
(7) "Certified asbestos worker" means an individual who
is certified by the department to work on an asbestos project.
[Title 49 RCW—page 34]
(8) "Certified asbestos contractor" means any partnership, firm, association, corporation or sole proprietorship
registered under chapter 18.27 RCW that submits a bid or
contracts to remove or encapsulate asbestos for another and
is certified by the department to remove or encapsulate
asbestos.
(9) "Owner" means the owner of any public or private
building, structure, facility or mechanical system, or the
agent of such owner, but does not include individuals who
work on asbestos projects on their own single-family
residences no part of which is used for any commercial
purpose. [1995 c 218 § 3; 1989 c 154 § 4. Prior: 1988 c
271 § 6; 1985 c 387 § 1.]
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
49.26.110 Asbestos projects—Worker’s and
supervisor’s certificates. (1) No employee or other
individual is eligible to do work governed by this chapter
unless issued a certificate by the department.
(2) To qualify for a certificate:
(a) Certified asbestos workers must have successfully
completed a four-day training course. Certified asbestos
supervisors must have completed a five-day training course.
Training courses shall be provided or approved by the
department; shall cover such topics as the health and safety
aspects of the removal and encapsulation of asbestos,
including but not limited to the federal and state standards
regarding protective clothing, respirator use, disposal, air
monitoring, cleaning, and decontamination; and shall meet
such additional qualifications as may be established by the
department by rule for the type of certification sought. The
department may require the successful completion of annual
refresher courses provided or approved by the department for
continued certification as an asbestos worker or supervisor.
However, the authority of the director to adopt rules implementing this section is limited to rules that are specifically
required, and only to the extent specifically required, for the
standards to be as stringent as the applicable federal laws
governing work subject to this chapter; and
(b) All applicants for certification as asbestos workers
or supervisors must pass an examination in the type of
certification sought which shall be provided or approved by
the department.
These requirements are intended to represent the
minimum requirements for certification and shall not
preclude contractors or employers from providing additional
education or training.
(3) The department shall provide for the reciprocal
certification of any individual trained to engage in asbestos
projects in another state when the prior training is shown to
be substantially similar to the training required by the department. Nothing shall prevent the department from requiring
such individuals to take an examination or refresher course
before certification.
(4) The department may deny, suspend, or revoke a
certificate, as provided under RCW 49.26.140, for failure of
the holder to comply with any requirement of this chapter or
chapter 49.17 RCW, or any rule adopted under those
chapters, or applicable health and safety standards and
regulations. In addition to any penalty imposed under RCW
49.26.016, the department may suspend or revoke any
(2002 Ed.)
Health and Safety—Asbestos
certificate issued under this chapter for a period of not less
than six months upon the following grounds:
(a) The certificate was obtained through error or fraud;
or
(b) The holder thereof is judged to be incompetent to
carry out the work for which the certificate was issued.
Before any certificate may be denied, suspended, or
revoked, the holder thereof shall be given written notice of
the department’s intention to do so, mailed by registered
mail, return receipt requested, to the holder’s last known
address. The notice shall enumerate the allegations against
such holder, and shall give him or her the opportunity to
request a hearing before the department. At such hearing,
the department and the holder shall have opportunity to
produce witnesses and give testimony.
(5) A denial, suspension, or revocation order may be
appealed to the board of industrial insurance appeals within
fifteen working days after the denial, suspension, or revocation order is entered. The notice of appeal may be filed with
the department or the board of industrial insurance appeals.
The board of industrial insurance appeals shall hold the
hearing in accordance with procedures established in RCW
49.17.140. Any party aggrieved by an order of the board of
industrial insurance appeals may obtain superior court review
in the manner provided in RCW 49.17.150.
(6) Each person certified under this chapter shall
display, upon the request of an authorized representative of
the department, valid identification issued by the department.
[1995 c 218 § 4; 1989 c 154 § 5. Prior: 1988 c 271 § 10;
1985 c 387 § 2.]
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
49.26.115 Asbestos abatement projects—
Contractor’s certificate required. Before working on an
asbestos abatement project, a contractor shall obtain an
asbestos contractor’s certificate from the department and
shall have in its employ at least one certified asbestos
supervisor who is responsible for supervising all asbestos
abatement projects undertaken by the contractor and for
assuring compliance with all state laws and regulations
regarding asbestos. The contractor shall apply for certification renewal every year. The department shall ensure that
the expiration of the contractor’s registration and the
expiration of his or her asbestos contractor’s certificate
coincide. [1995 c 218 § 5; 1989 c 154 § 6. Prior: 1988 c
271 § 11.]
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
49.26.120 Asbestos projects—Qualified asbestos
workers and supervisor—Prenotification to department—
Fire personnel. (1) No person may assign any employee,
contract with, or permit any individual or person to remove
or encapsulate asbestos in any facility unless performed by
a certified asbestos worker and under the direct, on-site
supervision of a certified asbestos supervisor. In cases in
which an employer conducts an asbestos abatement project
in its own facility and by its own employees, supervision can
be performed in the regular course of a certified asbestos
supervisor’s duties. Asbestos workers must have access to
(2002 Ed.)
49.26.110
certified asbestos supervisors throughout the duration of the
project.
(2) The department shall require persons undertaking
asbestos projects to provide written notice to the department
before the commencement of the project except as provided
in RCW 49.26.125. The notice shall include a written
description containing such information as the department
requires by rule. The department may by rule allow a
person to report multiple projects at one site in one report.
The department shall by rule establish the procedure and
criteria by which a person will be considered to have
attempted to meet the prenotification requirement.
(3) The department shall consult with the state fire
protection policy board, and may establish any additional
policies and procedures for municipal fire department and
fire district personnel who clean up sites after fires which
have rendered it likely that asbestos has been or will be
disturbed or released into the air. [1995 c 218 § 6; 1989 c
154 § 7. Prior: 1988 c 271 § 12; 1985 c 387 § 4.]
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
49.26.125 Prenotification to department—
Exemptions. Prenotification to the department under RCW
49.26.120 shall not be required for:
(1)(a) Any asbestos project involving less than fortyeight square feet of surface area, or less than ten linear feet
of pipe unless the surface area of the pipe is greater than
forty-eight square feet. The person undertaking such a
project shall keep the reports, or statements, and written
descriptions required under RCW 49.26.013 and 49.26.120
which shall be available upon request of the department.
Employees and employee representatives may request such
reports under RCW 49.26.013(2).
(b) The director may waive the prenotification requirement upon written request of an owner for large-scale, ongoing projects. In granting such a waiver, the director shall
require the owner to provide prenotification if significant
changes in personnel, methodologies, equipment, work site,
or work procedures occur or are likely to occur. The
director shall further require annual resubmittal of such
notification.
(c) The director, upon review of an owner’s reports,
work practices, or other data available as a result of inspections, audits, or other authorized activities, may reduce the
size threshold for prenotification required by this section.
Such a change shall be based on the director’s determination
that significant problems in personnel, methodologies, equipment, work site, or work procedures are creating the potential for violations of this chapter or asbestos requirements
under chapter 49.17 RCW. The new prenotification requirements shall be given in writing to the owner and shall
remain in effect until modified or withdrawn in writing by
the director.
(2) Emergency projects.
(a) As used in this section, "emergency project" means
a project that was not planned and results from a sudden,
unexpected event, and does not include operations that are
necessitated by nonroutine failure of equipment or systems.
(b) Emergency projects which disturb or release any
material containing asbestos into the air shall be reported to
the department within three working days after the com[Title 49 RCW—page 35]
49.26.125
Title 49 RCW: Labor Regulations
mencement of the project in the manner otherwise required
under this chapter. A notice shall be clearly posted adjacent
to the work site describing the nature of the emergency
project. The employees’ collective bargaining representatives, or employee representatives, or designated representatives, if any, shall be notified of the emergency as soon as
possible by the person undertaking the emergency project.
Incremental phasing in the conduct or design of asbestos
projects or otherwise designing or conducting asbestos
projects of a size less than forty-eight square feet, or other
threshold for exemption as provided under this section, with
the intent of avoiding prenotification requirements is a
violation of this chapter. [1989 c 154 § 8. Prior: 1988 c
271 § 13.]
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
49.26.130 Asbestos projects—Rules—Fees—
Asbestos account. (1) The department shall administer this
chapter.
(2) The director of the department shall adopt, in
accordance with chapters 34.05 and 49.17 RCW, rules
necessary to carry out this chapter.
(3) The department shall prescribe fees for the issuance
and renewal of certificates, including recertification, and the
administration of examinations, and for the review of
training courses.
(4) The asbestos account is hereby established in the
state treasury. All fees collected under this chapter shall be
deposited in the account. Moneys in the account shall be
spent after appropriation only for costs incurred by the
department in the administration and enforcement of this
chapter. Disbursements from the account shall be on
authorization of the director of the department or the
director’s designee. [1989 c 154 § 9. Prior: 1988 c 271 §
15; 1987 c 219 § 1; 1985 c 387 § 3.]
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
49.26.140 Asbestos projects—Enforcement—
Penalties. (1) Unless specifically provided otherwise by
statute, this chapter shall be implemented and enforced,
including penalties, violations, citations, and other administrative procedures, pursuant to the Washington industrial
safety and health act, chapter 49.17 RCW.
(2) A person or individual who previously has been
assessed a civil penalty under this section, and who knowingly violates a provision of RCW 49.26.110 through
49.26.130 or a rule adopted pursuant to RCW 49.26.110
through 49.26.130 is guilty of a misdemeanor. [1987 c 219
§ 2; 1985 c 387 § 5.]
49.26.150 Discrimination against employee filing
complaint prohibited. Any employee who notifies the
department of any activity the employee reasonably believes
to be a violation of this chapter or any rule adopted under
this chapter or who participates in any proceeding related
thereto shall have the same rights and protections against
discharge or discrimination as employees are afforded under
chapter 49.17 RCW. [1989 c 154 § 10. Prior: 1988 c 271
§ 16.]
[Title 49 RCW—page 36]
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
49.26.900 Severability—1973 c 30. If any provision
of this 1973 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1973 c 30 § 5.]
49.26.901 Effective dates—1988 c 271 §§ 6-18.
Sections 15, as reenacted and amended in 1989, and 18,
chapter 271, Laws of 1988, are necessary for the immediate
preservation of the public peace, health, and safety, the
support of the state government and its existing public
institutions, and shall take effect as of March 24, 1988. Sections 6 through 8, 10 through 13, and 16, chapter 271, Laws
of 1988, as reenacted or amended and reenacted in 1989,
shall take effect as of January 1, 1989. [1989 c 154 § 11.
Prior: 1988 c 271 § 19.]
Purpose—Severability—1989 c 154: See notes following RCW
49.26.013.
Chapter 49.28
HOURS OF LABOR
Sections
49.28.010
49.28.020
Eight hour day, 1899 act.
Eight hour day, 1899 act—Public works contracts—
Emergency overtime.
49.28.030 Eight hour day, 1899 act—Penalty.
49.28.040 Eight hour day, 1903 act—Policy enunciated.
49.28.050 Eight hour day, 1903 act—Contracts, cancellation of, for
violations.
49.28.060 Eight hour day, 1903 act—Stipulation in contracts—Duty of
officers.
49.28.065 Public works employees—Agreements to work ten hour day.
49.28.080 Hours of domestic employees.
49.28.082 Hours of domestic employees—Exception.
49.28.084 Hours of domestic employees—Penalty.
49.28.100 Hours of operators of power equipment in waterfront operations.
49.28.110 Hours of operators of power equipment in waterfront operations—Penalty.
49.28.120 Employer’s duty to provide time to vote.
49.28.130 Hours of health care facility employees—Definitions.
49.28.140 Hours of health care facility employees—Mandatory overtime prohibited—Exceptions.
49.28.150 Hours of health care facility employees—Penalties.
Child labor: RCW 26.28.060, 26.28.070.
Hours of labor for public institutions personnel: RCW 72.01.042,
72.01.043.
Prevailing wages must be paid on public works: RCW 39.12.020.
49.28.010 Eight hour day, 1899 act. Hereafter eight
hours in any calendar day shall constitute a day’s work on
any work done for the state or any county or municipality
within the state, subject to conditions hereinafter provided.
[1899 c 101 § 1; RRS § 7642.]
49.28.020 Eight hour day, 1899 act—Public works
contracts—Emergency overtime. All work done by
contract or subcontract on any building or improvements or
works on roads, bridges, streets, alleys or buildings for the
state or any county or municipality within the state, shall be
done under the provisions of RCW 49.28.010 through
(2002 Ed.)
Hours of Labor
49.28.030: PROVIDED, That in cases of extraordinary
emergency such as danger to life or property, the hours for
work may be extended, but in such case the rate of pay for
time employed in excess of eight hours of each calendar day,
shall be one and one-half times the rate of pay allowed for
the same amount of time during eight hours’ service. And
for this purpose RCW 49.28.010 through 49.28.030 is made
a part of all contracts, subcontracts or agreements for work
done for the state or any county or municipality within the
state. [1899 c 101 § 2; RRS § 7643.]
49.28.030 Eight hour day, 1899 act—Penalty. Any
contractor, subcontractor, or agent of contractor or subcontractor, foreman or employer who shall violate the provisions
of RCW 49.28.010 through 49.28.030, shall be deemed
guilty of misdemeanor and upon conviction shall be fined in
a sum not less than twenty-five dollars nor more than two
hundred dollars, or with imprisonment in the county jail for
a period of not less than ten days nor more than ninety days,
or both such fine and imprisonment, at the discretion of the
court. [1899 c 101 § 3; RRS § 7644.]
49.28.040 Eight hour day, 1903 act—Policy enunciated. That it is a part of the public policy of the state of
Washington that all work "by contract or day labor done" for
it, or any political subdivision created by its laws, shall be
performed in work days of not more than eight hours each,
except in cases of extraordinary emergency. No case of
extraordinary emergency shall be construed to exist in any
case where other labor can be found to take the place of
labor which has already been employed for eight hours in
any calendar day. [1903 c 44 § 1; RRS § 7645.]
49.28.050 Eight hour day, 1903 act—Contracts,
cancellation of, for violations. All contracts for work for
the state of Washington, or any political subdivision created
by its laws, shall provide that they may be canceled by the
officers or agents authorized to contract for or supervise the
execution of such work, in case such work is not performed
in accordance with the policy of the state relating to such
work. [1903 c 44 § 2; RRS § 7646.]
49.28.060 Eight hour day, 1903 act—Stipulation in
contracts—Duty of officers. It is made the duty of all
officers or agents authorized to contract for work to be done
in behalf of the state of Washington, or any political subdivision created under its laws, to stipulate in all contracts as
provided for in RCW 49.28.040 through 49.28.060, and all
such officers and agents, and all officers and agents entrusted with the supervision of work performed under such
contracts, are authorized, and it is made their duty, to declare
any contract canceled, the execution of which is not in
accordance with the public policy of this state as herein
declared. [1903 c 44 § 3; RRS § 7647.]
49.28.065 Public works employees—Agreements to
work ten hour day. Notwithstanding the provisions of
RCW 49.28.010 through 49.28.060, a contractor or subcontractor in any public works contract subject to those provisions may enter into an agreement with his or her employees
in which the employees work up to ten hours in a calendar
(2002 Ed.)
49.28.020
day. No such agreement may provide that the employees
work ten-hour days for more than four calendar days a week.
Any such agreement is subject to approval by the employees.
The overtime provisions of RCW 49.28.020 shall not apply
to the hours, up to forty hours per week, worked pursuant to
agreements entered into under this section. [1988 c 121 §
1.]
49.28.080 Hours of domestic employees. No male or
female household or domestic employee shall be employed
by any person for a longer period than sixty hours in any
one week. Employed time shall include minutes or hours
when the employee has to remain subject to the call of the
employer and when the employee is not free to follow his or
her inclinations. [1937 c 129 § 1; RRS § 7651-1. FORMER PARTS OF SECTION: (i) 1937 c 129 § 2; RRS §
7651-2, now codified as RCW 49.28.082. (ii) 1937 c 129 §
4; RRS § 7651-4, now codified as RCW 49.28.084.]
Severability—1937 c 129: "In the event any part of this act is held
invalid such invalidity shall not affect the validity of the remainder of this
act." [1937 c 129 § 3.] This applies to RCW 49.28.080 through 49.28.084.
49.28.082 Hours of domestic employees—Exception.
In cases of emergency such employee may be employed for
a longer period than sixty hours. [1937 c 129 § 2; RRS §
7651-2. Formerly RCW 49.28.080, part.]
49.28.084 Hours of domestic employees—Penalty.
Any employer violating RCW 49.28.080 through 49.28.082
shall be guilty of a misdemeanor. [1937 c 129 § 4; RRS §
7651-4. Formerly RCW 49.28.080, part.]
49.28.100 Hours of operators of power equipment
in waterfront operations. It shall be unlawful for any
employer to permit any of his employees to operate on
docks, in warehouses and/or in or on other waterfront
properties any power driven mechanical equipment for the
purpose of loading cargo on, or unloading cargo from, ships,
barges, or other watercraft, or of assisting in such loading or
unloading operations, for a period in excess of twelve and
one-half hours at any one time without giving such person
an interval of eight hours’ rest: PROVIDED, HOWEVER,
The provisions of this section and RCW 49.28.110 shall not
be applicable in cases of emergency, including fire, violent
storms, leaking or sinking ships or services required by the
armed forces of the United States. [1953 c 271 § 1.]
49.28.110 Hours of operators of power equipment
in waterfront operations—Penalty. Any person violating
the provisions of RCW 49.28.100 is guilty of a misdemeanor. [1953 c 271 § 2.]
49.28.120 Employer’s duty to provide time to vote.
(1) Except as provided in subsection (2) of this section,
every employer shall arrange employees’ working hours on
the day of a primary or election, general or special, so that
each employee will have a reasonable time up to two hours
available for voting during the hours the polls are open as
provided by RCW 29.13.080.
If an employee’s work schedule does not give the
employee two free hours during the time the polls are open,
[Title 49 RCW—page 37]
49.28.120
Title 49 RCW: Labor Regulations
not including meal or rest breaks, the employer shall permit
the employee to take a reasonable time up to two hours from
the employee’s work schedule for voting purposes. In such
a case, the employer shall add this time to the time for
which the employee is paid.
(2) The provisions of this section apply only if, during
the period between the time an employee is informed of his
or her work schedule for a primary or election day and the
date of the primary or election, there is insufficient time for
an absentee ballot to be secured for that primary or election.
[1987 c 296 § 1.]
49.28.130 Hours of health care facility employees—
Definitions. The definitions in this section apply throughout
this section and RCW 49.28.140 and 49.28.150 unless the
context clearly requires otherwise.
(1) "Employee" means a licensed practical nurse or a
registered nurse licensed under chapter 18.79 RCW employed by a health care facility who is involved in direct
patient care activities or clinical services and receives an
hourly wage.
(2) "Employer" means an individual, partnership,
association, corporation, state institution, political subdivision
of the state, or person or group of persons, acting directly or
indirectly in the interest of a health care facility.
(3) "Health care facility" means the following facilities,
or any part of the facility, that operates on a twenty-four
hours per day, seven days per week basis: Hospices licensed
under chapter 70.127 RCW, hospitals licensed under chapter
70.41 RCW, rural health care facilities as defined in RCW
70.175.020, and psychiatric hospitals licensed under chapter
71.12 RCW, and includes such facilities if owned and
operated by a political subdivision or instrumentality of the
state. If a nursing home regulated under chapter 18.51 RCW
or a home health agency regulated under chapter 70.127
RCW is operating under the license of a health care facility,
the nursing home or home health agency is considered part
of the health care facility for the purposes of this subsection.
(4) "Overtime" means the hours worked in excess of an
agreed upon, predetermined, regularly scheduled shift within
a twenty-four hour period not to exceed twelve hours in a
twenty-four hour period or eighty hours in a consecutive
fourteen-day period.
(5) "On-call time" means time spent by an employee
who is not working on the premises of the place of employment but who is compensated for availability or who, as a
condition of employment, has agreed to be available to return to the premises of the place of employment on short
notice if the need arises.
(6) "Reasonable efforts" means that the employer, to the
extent reasonably possible, does all of the following but is
unable to obtain staffing coverage:
(a) Seeks individuals to volunteer to work extra time
from all available qualified staff who are working;
(b) Contacts qualified employees who have made
themselves available to work extra time;
(c) Seeks the use of per diem staff; and
(d) Seeks personnel from a contracted temporary agency
when such staffing is permitted by law or an applicable
collective bargaining agreement, and when the employer
regularly uses a contracted temporary agency.
[Title 49 RCW—page 38]
(7) "Unforeseeable emergent circumstance" means (a)
any unforeseen declared national, state, or municipal emergency; (b) when a health care facility disaster plan is
activated; or (c) any unforeseen disaster or other catastrophic
event which substantially affects or increases the need for
health care services. [2002 c 112 § 2.]
Finding—2002 c 112: "Washington state is experiencing a critical
shortage of qualified, competent health care workers. To safeguard the
health, efficiency, and general well-being of health care workers and
promote patient safety and quality of care, the legislature finds, as a matter
of public policy, that required overtime work should be limited with
reasonable safeguards in order to ensure that the public will continue to
receive safe, quality care." [2002 c 112 § 1.]
49.28.140 Hours of health care facility employees—
Mandatory overtime prohibited—Exceptions. (1) No
employee of a health care facility may be required to work
overtime. Attempts to compel or force employees to work
overtime are contrary to public policy, and any such requirement contained in a contract, agreement, or understanding is
void.
(2) The acceptance by any employee of overtime is
strictly voluntary, and the refusal of an employee to accept
such overtime work is not grounds for discrimination,
dismissal, discharge, or any other penalty, threat of reports
for discipline, or employment decision adverse to the
employee.
(3) This section does not apply to overtime work that
occurs:
(a) Because of any unforeseeable emergent circumstance;
(b) Because of prescheduled on-call time;
(c) When the employer documents that the employer has
used reasonable efforts to obtain staffing. An employer has
not used reasonable efforts if overtime work is used to fill
vacancies resulting from chronic staff shortages; or
(d) When an employee is required to work overtime to
complete a patient care procedure already in progress where
the absence of the employee could have an adverse effect on
the patient. [2002 c 112 § 3.]
Finding—2002 c 112: See note following RCW 49.28.130.
49.28.150 Hours of health care facility employees—
Penalties. The department of labor and industries shall
investigate complaints of violations of RCW 49.28.140. A
violation of RCW 49.28.140 is a class 1 civil infraction in
accordance with chapter 7.80 RCW, except that the maximum penalty is one thousand dollars for each infraction up
to three infractions. If there are four or more violations of
RCW 49.28.140 for a health care facility, the employer is
subject to a fine of two thousand five hundred dollars for the
fourth violation, and five thousand dollars for each subsequent violation. The department of labor and industries is
authorized to issue and enforce civil infractions according to
chapter 7.80 RCW. [2002 c 112 § 4.]
Finding—2002 c 112: See note following RCW 49.28.130.
(2002 Ed.)
Agricultural Labor
Chapter 49.30
Chapter 49.30
AGRICULTURAL LABOR
Sections
49.30.005
49.30.010
49.30.020
49.30.040
49.30.900
49.30.901
rates of pay, the gross pay, and all deductions from the pay
for the respective pay period. [1989 c 380 § 84.]
Intent—Duties of department.
Definitions.
Hours and pay, recordkeeping.
Violation of chapter—Civil infraction.
Severability—1989 c 380.
Conflict with federal requirements—1989 c 380.
49.30.040 Violation of chapter—Civil infraction.
Any violation of the provisions of this chapter or rules
adopted hereunder shall be a class I civil infraction. The
director shall have the authority to issue and enforce civil
infractions according to chapter 7.80 RCW. [1989 c 380 §
86.]
49.30.005 Intent—Duties of department. It is the
intent of the legislature that the department assist agricultural
employers in mitigating the costs of the state’s unemployment insurance program. The department shall work with
members of the agricultural community to: Improve
understanding of the program’s operation; increase compliance with work-search requirements; provide prompt notification of potential claims against an employer’s experience
rating; inform employers of their rights; inform employers of
the actions necessary to appeal a claim and to protect their
rights; and reduce claimant and employer fraud. These
efforts shall include:
(1) Conducting employer workshops and community
seminars;
(2) Developing new educational materials; and
(3) Developing forms that use lay language. [1998 c
245 § 99; 1991 c 31 § 1; 1990 c 245 § 10; 1989 c 380 §
82.]
49.30.900
15.58.942.
Severability—1989 c 380. See RCW
49.30.901 Conflict with federal requirements—1989
c 380. See note following RCW 50.04.150.
Chapter 49.32
INJUNCTIONS IN LABOR DISPUTES
Sections
49.32.011
49.32.020
49.32.030
49.32.050
49.32.060
49.32.070
49.32.072
Conflict with federal requirements—1990 c 245: See note
following RCW 50.04.030.
49.30.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agricultural employment" or "employment" means
employment in agricultural labor as defined in RCW
50.04.150.
(2) "Department" means the department of labor and
industries.
(3) "Employer" means any person, firm, corporation,
partnership, business trust, legal representative, or other
business entity that engages in any agricultural activity in
this state and employs one or more employees.
(4) "Employee" means a person employed in agricultural
employment, and includes a person who is working under an
independent contract the essence of which is personal labor
in agricultural employment whether by way of manual labor
or otherwise. However, "employee" shall not include
immediate family members of the officers of any corporation, partnership, sole proprietorship, or other business entity,
or officers of any closely held corporation engaged in agricultural production of crops or livestock.
(5) "Minor" means an employee who is under the age
of eighteen years. [1989 c 380 § 83.]
Injunctions in labor disputes.
Policy enunciated.
Undertakings and promises unenforceable.
Jurisdiction of courts.
Concert of action immaterial.
Responsibility of associations.
Injunctions—Hearings and findings—Temporary orders—
Security.
49.32.073 Injunctions—Complaints, conditions precedent.
49.32.074 Injunctions—Findings and order essential.
49.32.080 Appellate review.
49.32.090 Contempt—Speedy jury trial.
49.32.100 Contempt—Retirement of judge.
49.32.110 Definitions.
49.32.900 Severability—1933 ex.s. c 7.
49.32.910 General repealer.
Labor unions—Injunctions in labor disputes—1919 act: Chapter 49.36
RCW.
49.32.011 Injunctions in labor disputes. No court of
the state of Washington or any judge or judges thereof shall
have jurisdiction to issue any restraining order or temporary
or permanent injunction in a case involving or growing out
of a labor dispute, except in a strict conformity with the
provisions of this chapter; nor shall any such restraining
order or temporary or permanent injunction be issued
contrary to the public policy declared in this chapter. [1933
ex.s. c 7 § 1; RRS § 7612-1. Cf. 1919 c 185 § 2. Formerly
RCW 49.32.040.]
49.30.020 Hours and pay, recordkeeping. (1) Each
employer required to keep employment records under RCW
49.46.070, shall retain such records for three years.
(2) Each employer shall furnish to each employee at the
time the employee’s wages are paid an itemized statement
showing the pay basis in hours or days worked, the rate or
(2002 Ed.)
Injunctions in labor disputes: RCW 49.36.015.
49.32.020 Policy enunciated. In the interpretation of
this chapter and in determining the jurisdiction and authority
of the courts of the state of Washington, as such jurisdiction
and authority are herein defined and limited, the public
policy of the state of Washington is hereby declared as follows:
WHEREAS, Under prevailing economic conditions,
developed with the aid of governmental authority for owners
of property to organize in the corporate and other forms of
ownership association, the individual unorganized worker is
commonly helpless to exercise actual liberty of contract and
to protect his freedom of labor, and thereby to obtain
[Title 49 RCW—page 39]
49.32.020
Title 49 RCW: Labor Regulations
acceptable terms and conditions of employment, wherefore,
though he should be free to decline to associate with his
fellows, it is necessary that he have full freedom of association, self-organization, and designation of representatives of
his own choosing, to negotiate the terms and conditions of
his employment, and that he shall be free from interference,
restraint, or coercion of employers of labor, or their agents,
in the designation of such representatives or in self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protections;
therefore, the following definitions of, and limitations upon,
the jurisdiction and authority of the courts of the state of
Washington are hereby enacted. [1933 ex.s. c 7 § 2; RRS
§ 7612-2.]
49.32.030 Undertakings and promises unenforceable. Any undertaking or promise, such as is described in
this section, or any other undertaking or promise in conflict
with the public policy declared in RCW 49.32.020, is hereby
declared to be contrary to the public policy of the state of
Washington, shall not be enforceable in any court of the
state of Washington, and shall not afford any basis for the
granting of legal or equitable relief by any such court,
including specifically the following:
Every undertaking or promise hereafter made, whether
written or oral, express or implied, constituting or contained
in any contract or agreement of hiring or employment
between any individual, firm, company, association, or
corporation and any employee or prospective employee of
the same, whereby—
(1) Either party to such contract or agreement undertakes or promises not to join, become, or remain a member
of any labor organization or of any employer organization;
or
(2) Either party to such contract or agreement undertakes or promises that he will withdraw from an employment
relation in the event that he joins, becomes, or remains a
member of any labor organization or of any employer
organization. [1933 ex.s. c 7 § 3; RRS § 7612-3.]
49.32.050 Jurisdiction of courts. No court of the
state of Washington shall have jurisdiction to issue any
restraining order or temporary or permanent injunction in
any case involving or growing out of any labor dispute or
prohibit any person or persons participating or interested in
such dispute (as these terms are herein defined) from doing,
whether singly or in concert, any of the following acts:
(1) Ceasing or refusing to perform any work or to
remain in any relation of employment;
(2) Becoming or remaining a member of any labor
organization or of any employer organization, regardless of
any such undertaking or promise as is described in RCW
49.32.030;
(3) Paying or giving to, or withholding from, any person
participating or interested in such labor dispute any strike or
unemployment benefits or insurance or other moneys or
things of value;
(4) By all lawful means aiding any person participating
or interested in any labor dispute who is being proceeded
against in, or is prosecuting, any action or suit in any court
of the United States or of any state;
[Title 49 RCW—page 40]
(5) Giving publicity to the existence of, or the facts
involved in, any labor dispute, whether by advertising,
speaking, patrolling, or by any other method not involving
fraud or violence;
(6) Assembling peaceably to act or to organize to act in
promotion of their interests in a labor dispute;
(7) Advising or notifying any person of an intention to
do any of the acts heretofore specified;
(8) Agreeing with other persons to do or not to do any
of the acts heretofore specified; and
(9) Advising, urging, or otherwise causing or inducing
without fraud or violence the acts heretofore specified,
regardless of any such undertaking or promise as is described in RCW 49.32.030. [1933 ex.s. c 7 § 4; RRS §
7612-4.]
49.32.060 Concert of action immaterial. No court
of the state of Washington or any judge or judges thereof
shall have jurisdiction to issue a restraining order or temporary or permanent injunction upon the ground that any of the
persons participating or interested in a labor dispute constitute or are engaged in an unlawful combination or conspiracy because of the doing in concert of the acts enumerated in
RCW 49.32.050. [1933 ex.s. c 7 § 5; RRS § 7612-5.]
49.32.070 Responsibility of associations. No officer
or member of any association or organization, and no
association or organization participating or interested in a
labor dispute, shall be held responsible or liable in any court
of the state of Washington for the unlawful acts of individual
officers, members, or agents, except upon clear proof of
actual participation in, or actual authorization of, such acts,
or of ratification of such acts after actual knowledge thereof.
[1933 ex.s. c 7 § 6; RRS § 7612-6.]
49.32.072 Injunctions—Hearings and findings—
Temporary orders—Security. No court of the state of
Washington or any judge or judges thereof shall have
jurisdiction to issue a temporary or permanent injunction in
any case involving or growing out of a labor dispute, as
herein defined, except after hearing the testimony of witnesses in open court (with opportunity for cross-examination) in
support of the allegations of a complaint made under oath,
and testimony in opposition thereto, if offered, and except
after findings of fact by the court, to the effect—
(1) That unlawful acts have been threatened and will be
committed unless restrained or have been committed and will
be continued unless restrained, but no injunction or temporary restraining order shall be issued on account of any
threat or unlawful act excepting against the person or
persons, association, or organization making the threat or
committing the unlawful act or actually authorizing or
ratifying the same after actual knowledge thereof;
(2) That substantial and irreparable injury to
complainant’s property will follow;
(3) That as to each item of relief granted greater injury
will be inflicted upon complainant by the denial of relief
than will be inflicted upon defendants by the granting of
relief;
(4) That complainant has no adequate remedy at law;
and
(2002 Ed.)
Injunctions in Labor Disputes
(5) That the public officers charged with the duty to
protect complainant’s property are unable or unwilling to
furnish adequate protection.
Such hearing shall be held after due and personal notice
thereof has been given, in such manner as the court shall
direct, to all persons against whom relief is sought, and also
to the chief of those public officials of the county and city
within which the unlawful acts have been threatened or
committed charged with the duty to protect complainant’s
property: PROVIDED, HOWEVER, That if a complainant
shall also allege that, unless a temporary restraining order
shall be issued without notice, a substantial and irreparable
injury to complainant’s property will be unavoidable, such a
temporary restraining order may be issued upon testimony
under oath, sufficient, if sustained, to justify the court in
issuing a temporary injunction upon a hearing after notice.
Such a temporary restraining order shall be effective for no
longer than five days and shall become void at the expiration
of said five days. No temporary restraining order or
temporary injunction shall be issued except on condition that
complainant shall first file an undertaking with adequate
security in an amount to be fixed by the court sufficient to
recompense those enjoined for any loss, expense, or damage
caused by the improvident or erroneous issuance of such
order or injunction, including all reasonable costs (together
with a reasonable attorney’s fee) and expense of defense
against the order or against the granting of any injunctive
relief sought in the same proceeding and subsequently denied
by the court.
The undertaking herein mentioned shall be understood
to signify an agreement entered into by the complainant and
the surety upon which a decree may be rendered in the same
suit or proceeding against said complainant and surety, upon
a hearing to assess damages of which hearing complainant
and surety shall have reasonable notice, the said complainant
and surety submitting themselves to the jurisdiction of the
court for that purpose. But nothing herein contained shall
deprive any party having a claim or cause of action under or
upon such undertaking from electing to pursue his ordinary
remedy by suit at law or in equity. [1933 ex.s. c 7 § 7; RRS
§ 7612-7.]
Reviser’s note: This section was declared unconstitutional in
Blanchard v. Golden Age Brewing Co., 188 Wash. 396, 63 P.2d 397 (1936).
49.32.073 Injunctions—Complaints, conditions
precedent. No restraining order or injunctive relief shall be
granted to any complainant who has failed to comply with
any obligation imposed by law which is involved in the
labor dispute in question, or who has failed to make every
reasonable effort to settle such dispute either by negotiation
or with the aid of any available governmental machinery of
mediation or voluntary arbitration. [1933 ex.s. c 7 § 8; RRS
§ 7612-8.]
Reviser’s note: This section was declared unconstitutional in
Blanchard v. Golden Age Brewing Co., 188 Wash. 396, 63 P.2d 397 (1936).
49.32.074 Injunctions—Findings and order essential. No restraining order or temporary or permanent
injunction shall be granted in a case involving or growing
out of a labor dispute, except on the basis of findings of fact
made and filed by the court in the record of the case prior to
(2002 Ed.)
49.32.072
the issuance of such restraining order or injunction; and
every restraining order or injunction granted in a case involving or growing out of a labor dispute, shall include only
a prohibition of such specific act or acts as may be expressly
complained of in the complaint or petition filed in such case
and as shall be expressly included in said findings of fact
made and filed by the court as provided herein. [1933 ex.s.
c 7 § 9; RRS § 7612-9.]
Reviser’s note: This section was declared unconstitutional in
Blanchard v. Golden Age Brewing Co., 188 Wash. 396, 63 P.2d 397 (1936).
49.32.080 Appellate review. Whenever any court of
the state of Washington shall issue or deny any temporary
injunction in a case involving or growing out of a labor
dispute, the court shall, upon the request of any party to the
proceedings, and on his filing the usual bond for costs,
forthwith certify the entire record of the case, including a
transcript of the evidence taken, to the supreme court or the
court of appeals for its review. Upon the filing of such
record in the supreme court or the court of appeals, the
appeal shall be heard and the temporary injunctive order
affirmed, modified, or set aside with the greatest possible
expedition, giving the proceedings precedence over all other
matters except older matters of the same character. [1971 c
81 § 116; 1933 ex.s. c 7 § 10; RRS § 7612-10.]
Rules of court: Appeal procedure superseded by RAP 2.1, 2.2, 18.22.
49.32.090 Contempt—Speedy jury trial. In all cases
arising under this chapter in which a person shall be charged
with contempt in a court of the state of Washington, the
accused shall enjoy the right to a speedy and public trial by
an impartial jury of the county wherein the contempt shall
have been committed: PROVIDED, That this right shall not
apply to contempts committed in the presence of the court or
so near thereto as to interfere directly with the administration
of justice or to apply to the misbehavior, misconduct or
disobedience of any officer of the court in respect to the
writs, orders, or process of the court. [1933 ex.s. c 7 § 11;
RRS § 7612-11.]
49.32.100 Contempt—Retirement of judge. The
defendant in any proceeding for contempt of court may file
with the court a demand for the retirement of the judge
sitting in the proceeding, if the contempt arises from an
attack upon the character or conduct of such judge and if the
attack occurred elsewhere than in the presence of the court
or so near thereto as to interfere directly with the administration of justice. Upon the filing of any such demand the
judge shall thereupon proceed no further, but another judge
shall be designated in the same manner as provided by law.
The demand shall be filed prior to the hearing of the
contempt proceeding. [1933 ex.s. c 7 § 12; RRS § 7612-12.]
Civil procedure—Prejudice of judge—Change of venue: RCW 4.12.040.
49.32.110 Definitions. When used in this chapter, and
for the purpose of this chapter—
(1) A case shall be held to involve or to grow out of a
labor dispute when the case involves persons who are
engaged in the same industry, trade, or occupation; or have
direct or indirect interests therein; or who are employees of
the same employer; or who are members of the same or an
[Title 49 RCW—page 41]
49.32.110
Title 49 RCW: Labor Regulations
affiliated organization of employers or employees; whether
such dispute is (a) between one or more employers or
associations of employers and one or more employees or
associations of employees; (b) between one or more employers or associations of employers and one or more employers
or association of employers; or (c) between one or more
employees or association of employees and one or more
employees or association of employees; or when the case
involves any conflicting or competing interests in a "labor
dispute" (as hereinafter defined) of "persons participating or
interested" therein (as hereinafter defined).
(2) A person or association shall be held to be a person
participating or interested in a labor dispute if relief is
sought against him or it, and if he or it is engaged in the
same industry, trade, craft, or occupation in which dispute
occurs, or has a direct or indirect interest therein or is a
member, officer, or agent of any association composed in
whole or in part of employers or employees engaged in such
industry, trade, craft, or occupation.
(3) The term "labor dispute" includes any controversy
concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange
terms or conditions of employment, regardless of whether or
not the disputants stand in the proximate relation of employer and employee. [1933 ex.s. c 7 § 13; RRS § 7612-13.
Formerly RCW 49.32.010.]
legitimate purposes by any lawful means. [1919 c 185 § 1;
RRS § 7611.]
49.36.015 Injunctions in labor disputes. No restraining order or injunction shall be granted by any court of this
state, or any judge or judges thereof in any case between an
employer and employee or between employer and employees
or between employees or between persons employed and
persons seeking employment involving or growing out of a
dispute concerning terms or conditions of employment,
unless necessary to prevent irreparable damage to property
or to a personal right or to a property right of the party making the application, for which injury there is no adequate
remedy at law, and such petition must be in writing describing such damage or injury feared by the applicant, and
sworn to by the applicant or his agent or attorney. No such
restraining order or injunction shall prohibit any such person
or persons, whether singly or in concert, from terminating
any relation of employment or from ceasing to perform any
work or labor; or from paying or giving to, or withholding
from any person engaged in such dispute, any strike benefits
or other moneys or things of value; or from doing any act or
thing which might lawfully be done in the absence of such
dispute by any party thereto; nor shall any of the acts
specified in this section be considered or held to be illegal
or unlawful in any court of the state. [1919 c 185 § 2; RRS
§ 7612.]
Labor disputes: Chapter 49.32 RCW.
49.32.900 Severability—1933 ex.s. c 7. If any
provision of this chapter or the application thereof to any
person or circumstance is held unconstitutional, or otherwise
invalid, the remaining provisions of the chapter and the
application of such provisions to other persons or circumstances shall not be affected thereby. [1933 ex.s. c 7 § 14;
RRS § 7612-14.]
49.32.910 General repealer. All acts and parts of
acts in conflict with the provisions of this chapter are hereby
repealed. [1933 ex.s. c 7 § 15; RRS § 7612-15.]
Chapter 49.36
LABOR UNIONS
Sections
49.36.010 Unions legalized.
49.36.015 Injunctions in labor disputes.
49.36.020 Employment contracts—Remedy for violation.
49.36.030 Prosecutions prohibited.
Collective bargaining with employees of city owned utilities: RCW
35.22.350.
Discrimination—Unfair practices: RCW 49.60.180 through 49.60.215,
49.60.220.
Prohibited practices: Chapter 49.44 RCW.
Supervisor of industrial relations: RCW 43.22.260.
49.36.010 Unions legalized. It shall be lawful for
working men and women to organize themselves into, or
carry on labor unions for the purpose of lessening the hours
of labor or increasing the wages or bettering the conditions
of the members of such organizations; or carry out their
49.36.020 Employment contracts—Remedy for
violation. The labor of a human being is not a commodity
or article of commerce, and the right to enter into the
relation of employer and employee or to change that relation
except in violation of contract is a legal right. In all cases
involving the violation of the contract of employment, either
by the employee or employer where no irreparable damage
is about to be done to the property, personal rights or property rights of either, no injunction shall be granted, but the
parties shall be left to their remedy at law. [1919 c 185 § 3;
RRS § 7613.]
Injunctions in labor disputes: RCW 49.32.011.
49.36.030 Prosecutions prohibited. No person shall
be indicted, prosecuted, or tried in any court of this state for
entering into or carrying on any lawful arrangement, agreement, or combination between themselves made with a view
of lessening the number of hours of labor or increasing
wages or bettering the conditions of working men and
women, or for any lawful act done in pursuance thereof.
[1919 c 185 § 4; RRS § 7614.]
Chapter 49.38
THEATRICAL ENTERPRISES
Sections
49.38.010
49.38.020
49.38.030
49.38.040
49.38.050
[Title 49 RCW—page 42]
Definitions.
Payment of wages—Cash deposit or bond required.
Action to require cash deposit or bond.
Payment of wages—Action against cash deposit or bond—
Limitations.
Recovery of attorney’s fees and costs.
(2002 Ed.)
Theatrical Enterprises
49.38.060
49.38.070
49.38.900
Penalty.
Department to adopt rules.
Severability—1984 c 89.
49.38.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) Department means the department of labor and
industries.
(2) Theatrical enterprise means the production of any
circus, vaudeville, carnival, revue, variety show, musical
comedy, operetta, opera, drama, endurance contest, marathon, walkathon, or any other entertainment event where
persons are a part of the enterprise’s presentation. Theatrical
enterprise does not include a program of a radio or television
station operating pursuant to a license issued by the federal
communications commission or any event produced by a
nonprofit cultural or artistic organization that has been
located in a community for at least two years. [1984 c 89
§ 1.]
49.38.020 Payment of wages—Cash deposit or bond
required. (1) Any person engaged in the business of
promoting a theatrical enterprise in this state shall deposit
with the department the cash or a bond issued by a surety
company authorized to do business in this state in an amount
determined sufficient by the department to pay the wages of
every person involved in the production of the theatrical
enterprise for the period for which a single payment of
wages is made, but not to exceed one week.
(2) The deposit required under subsection (1) of this
section shall be on file with the department seven calendar
days before the commencement of the theatrical enterprise.
[1984 c 89 § 2.]
49.38.030 Action to require cash deposit or bond.
If a person engaged in the business of promoting a theatrical
enterprise fails to deposit cash or the bond required under
RCW 49.38.020, the department may bring an action in the
superior court to compel such person to deposit the cash or
bond or cease doing business until he or she has done so.
[1984 c 89 § 3.]
49.38.040 Payment of wages—Action against cash
deposit or bond—Limitations. Any person having a claim
for wages against a person engaged in the business of
promoting a theatrical enterprise may bring an action against
the bond or cash deposit in the district or superior court of
the county in which the theatrical enterprise is produced or
any county in which the principal on the bond resides or
conducts business. An action against the bond may be
brought against the named surety without joining the
principal named in the bond. The liability of the surety shall
not exceed the amount named in the bond. Any action
brought under this chapter shall be commenced within one
year after the completion of the work for which wages are
alleged to be due and owing under this chapter. If a cash
deposit has been made in lieu of a surety bond and if
judgment is entered against the depositor and deposit, then
the department shall upon receipt of a certified copy of a
final judgment within one year of the date of entry of such
(2002 Ed.)
Chapter 49.38
judgment pay the judgment from the deposit. The priority
of payment by the department shall be the order of receipt
by the department, but the department shall have no liability
for payment in excess of the amount of the deposit. [1984
c 89 § 4.]
49.38.050 Recovery of attorney’s fees and costs. In
an action brought pursuant to RCW 49.38.040, the prevailing
party is entitled to reasonable attorney’s fees and costs.
[1984 c 89 § 5.]
49.38.060 Penalty. Any person who violates this
chapter is guilty of a gross misdemeanor. [1984 c 89 § 6.]
49.38.070 Department to adopt rules. The department may adopt rules under chapter 34.05 RCW to carry out
the provisions of this chapter. [1984 c 89 § 7.]
49.38.900 Severability—1984 c 89. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1984 c 89 § 8.]
Chapter 49.40
SEASONAL LABOR
Sections
49.40.010
49.40.020
49.40.030
49.40.040
49.40.050
49.40.060
49.40.070
49.40.080
Seasonal labor defined.
Contracts to be in writing—Advances.
Fraud in securing advances—Penalty.
Disputes determined by director of labor and industries.
Hearings.
Findings and award.
Appeal.
Findings and award as evidence.
49.40.010 Seasonal labor defined. For the purpose
of this chapter the term "seasonal labor" shall include all
work performed by any person employed for a period of
time greater than one month and where the wages for such
work are not to be paid at any fixed interval of time, but at
the termination of such employment, and where such person
is hired within this state for work to be performed outside
the state and the wages earned during said employment are
to be paid in this state at the termination of such employment: PROVIDED, That this chapter shall not apply to
wages earned by seamen or other persons where the payment
of their wages is regulated by federal statutes. [1919 c 191
§ 1; RRS § 7603.]
49.40.020 Contracts to be in writing—Advances.
Every contract for seasonal labor shall be in writing and
signed by the employer and the employee, and may provide
for advances of moneys to be earned under such contract or
for the furnishing of supplies to the employee before the
wages are earned, and for the payment of money or the
furnishing of supplies during the season. [1919 c 191 § 2;
RRS § 7604.]
[Title 49 RCW—page 43]
49.40.030
Title 49 RCW: Labor Regulations
49.40.030 Fraud in securing advances—Penalty.
Every employee who with intent to defraud shall have
secured advances of money or supplies under a contract for
seasonable labor and who with intent to defraud shall
wilfully fail to perform sufficient labor to compensate for
such advances and supplies made under such contract shall
be guilty of a gross misdemeanor. [1919 c 191 § 3; RRS §
7605.]
49.40.040 Disputes determined by director of labor
and industries. Upon the written petition of either the
employer or the employee setting forth in ordinary and
concise language the facts and questions in dispute, the
director of labor and industries shall, in person or by his
duly authorized deputy, and is hereby authorized to hear and
determine all disputes concerning wages earned at seasonal
labor, and allow or reject deductions made from such wages
for moneys advanced or supplies furnished before the wages
are earned for money paid or supplies furnished during the
season or for money paid to third persons upon the written
order of the employee. [1919 c 191 § 4; RRS § 7606.]
49.40.050 Hearings. Upon the filing of any such
petition, the director of labor and industries shall notify the
other party to the dispute of the time and place when and
where such petition will be heard, and may set said petition
for a hearing before a regularly appointed deputy at such
place in the state as he shall determine is most convenient
for the parties, and the director or his deputy shall have
power and authority to issue subpoenas to compel the attendance of witnesses and the production of books, papers
and records at such hearing, and to administer oaths.
Obedience to such subpoenas shall be enforced by the courts
of the county where such hearing is held. [1919 c 191 § 5;
RRS § 7607.]
49.40.060 Findings and award. The director of labor
and industries, or his deputy holding the hearing shall, after
such hearing, determine the amount due from the employer
to the employee, and shall make findings of fact and an
award in accordance therewith, which findings and award
shall be filed in the office of the director and a copy thereof
served upon the employer and upon the employee by
registered mail directed to their last known post office
address. [1919 c 191 § 6; RRS § 7608.]
49.40.070 Appeal. Any person aggrieved by the
finding or award of the director of labor and industries has
the right of appeal in the manner provided in chapter 34.05
RCW. [1987 c 202 § 217; 1919 c 191 § 7; RRS § 7609.]
Intent—1987 c 202: See note following RCW 2.04.190.
49.40.080 Findings and award as evidence. In case
no appeal is taken from the award of the director of labor
and industries and suit shall be brought upon the contract for
seasonal labor in any court of competent jurisdiction, the
findings and award of the director made in any proceeding
under this chapter at a hearing at which both parties to such
suit shall have appeared may be introduced in evidence in
such suit, for the information of the court in which the suit
[Title 49 RCW—page 44]
is pending, and may, in the discretion of the court, be
submitted to the jury as a part of the evidence in the case;
but such findings and award shall not be conclusive or
binding upon the court or the jury in any such case. [1919
c 191 § 8; RRS § 7610.]
Chapter 49.44
VIOLATIONS—PROHIBITED PRACTICES
Sections
49.44.010
49.44.020
49.44.030
49.44.040
49.44.050
49.44.060
49.44.080
49.44.090
Blacklisting—Penalty.
Bribery of labor representative.
Labor representative receiving bribe.
Obtaining employment by false letter or certificate.
Fraud by employment agent.
Corrupt influencing of agent.
Endangering life by refusal to labor.
Unfair practices in employment because of age of employee
or applicant—Exceptions.
49.44.100 Bringing in out of state persons to replace employees involved in labor dispute.
49.44.110 Bringing in out of state persons to replace employees involved in labor dispute—Penalty.
49.44.120 Requiring lie detector tests.
49.44.130 Requiring lie detector tests—Criminal penalty.
49.44.135 Requiring lie detector tests—Civil penalty and damages—
Attorneys’ fees.
49.44.140 Requiring assignment of employee’s rights to inventions—
Conditions.
49.44.150 Requiring assignment of employee’s rights to inventions—
Disclosure of inventions by employee.
49.44.160 Public employers—Intent.
49.44.170 Public employers—Unfair practices—Definitions—
Remedies.
Blind or handicapped persons, discriminating against in public employment:
RCW 70.84.080.
Discrimination—Unfair practices: RCW 49.60.180 through 49.60.200.
49.44.010 Blacklisting—Penalty. Every person in
this state who shall wilfully and maliciously, send or deliver,
or make or cause to be made, for the purpose of being
delivered or sent or part with the possession of any paper,
letter or writing, with or without name signed thereto, or
signed with a fictitious name, or with any letter, mark or
other designation, or publish or cause to be published any
statement for the purpose of preventing any other person
from obtaining employment in this state or elsewhere, and
every person who shall wilfully and maliciously "blacklist"
or cause to be "blacklisted" any person or persons, by
writing, printing or publishing, or causing the same to be
done, the name, or mark, or designation representing the
name of any person in any paper, pamphlet, circular or book,
together with any statement concerning persons so named, or
publish or cause to be published that any person is a member
of any secret organization, for the purpose of preventing
such person from securing employment, or who shall
wilfully and maliciously make or issue any statement or
paper that will tend to influence or prejudice the mind of any
employer against the person of such person seeking employment, or any person who shall do any of the things mentioned in this section for the purpose of causing the discharge of any person employed by any railroad or other
company, corporation, individual or individuals, shall, on
conviction thereof, be adjudged guilty of misdemeanor and
punished by a fine of not less than one hundred dollars nor
(2002 Ed.)
Violations—Prohibited Practices
49.44.010
more than one thousand dollars, or by imprisonment in the
county jail for not less than ninety days nor more than one
year, or by both such fine and imprisonment. [1899 c 23 §
1; RRS § 7599.]
that the consequence of his so doing will be to endanger
human life or to cause grievous bodily injury, or to expose
valuable property to destruction or serious injury, shall be
guilty of a misdemeanor. [1909 c 249 § 281; RRS § 2533.]
Interference with or discharge from employment of member of organized
militia: RCW 38.40.040, 38.40.050.
Libel and slander: Chapter 9.58 RCW.
Injunctions in labor disputes: Chapter 49.32 RCW.
Labor unions—Injunctions in labor disputes: RCW 49.36.015.
49.44.020 Bribery of labor representative. Every
person who shall give, offer or promise, directly or indirectly, any compensation, gratuity or reward to any duly
constituted representative of a labor organization, with intent
to influence him in respect to any of his acts, decisions or
other duties as such representative, or to induce him to
prevent or cause a strike by the employees of any person or
corporation, shall be guilty of a gross misdemeanor. [1909
c 249 § 424; RRS § 2676.]
49.44.030 Labor representative receiving bribe.
Every person who, being the duly constituted representative
of a labor organization, shall ask or receive, directly or
indirectly, any compensation, gratuity or reward, or any
promise thereof, upon any agreement or understanding that
any of his acts, decisions or other duties as such representative, or any act to prevent or cause a strike of the employees
of any person or corporation shall be influenced thereby,
shall be guilty of a gross misdemeanor. [1909 c 249 § 425;
RRS § 2677.]
49.44.040 Obtaining employment by false letter or
certificate. Every person who shall obtain employment or
appointment to any office or place of trust, by color or aid
of any false or forged letter or certificate of recommendation, shall be guilty of a misdemeanor. [1909 c 249 § 371;
RRS § 2623.]
49.44.050 Fraud by employment agent. Every
employment agent or broker who, with intent to influence
the action of any person thereby, shall misstate or misrepresent verbally, or in any writing or advertisement, any
material matter relating to the demand for labor, the conditions under which any labor or service is to be performed,
the duration thereof or the wages to be paid therefor, shall
be guilty of a misdemeanor. [1909 c 249 § 372; RRS §
2624.]
Discrimination—Unfair practices of employment agencies: RCW 49.60.200.
False advertising: RCW 9.04.010.
49.44.060 Corrupt influencing of agent. Every
person who shall give, offer or promise, directly or indirectly, any compensation, gratuity or reward to any agent, employee or servant of any person or corporation, with intent
to influence his action in relation to his principal’s,
employer’s or master’s business, shall be guilty of a gross
misdemeanor. [1909 c 249 § 426; RRS § 2678.]
49.44.080 Endangering life by refusal to labor.
Every person who shall wilfully and maliciously, either alone
or in combination with others, break a contract of service or
employment, knowing or having reasonable cause to believe
(2002 Ed.)
49.44.090 Unfair practices in employment because
of age of employee or applicant—Exceptions. It shall be
an unfair practice:
(1) For an employer or licensing agency, because an
individual is forty years of age or older, to refuse to hire or
employ or license or to bar or to terminate from employment
such individual, or to discriminate against such individual in
promotion, compensation or in terms, conditions or privileges of employment: PROVIDED, That employers or licensing agencies may establish reasonable minimum and/or
maximum age limits with respect to candidates for positions
of employment, which positions are of such a nature as to
require extraordinary physical effort, endurance, condition or
training, subject to the approval of the executive director of
the Washington state human rights commission or the
director of labor and industries through the division of
industrial relations.
(2) For any employer, licensing agency or employment
agency to print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or to use
any form of application for employment or to make any
inquiry in connection with prospective employment, which
expresses any limitation, specification or discrimination
respecting individuals forty years of age or older: PROVIDED, That nothing herein shall forbid a requirement of
disclosure of birth date upon any form of application for
employment or by the production of a birth certificate or
other sufficient evidence of the applicant’s true age after an
employee is hired.
Nothing contained in this section or in RCW 49.60.180
as to age shall be construed to prevent the termination of the
employment of any person who is physically unable to
perform his or her duties or to affect the retirement policy or
system of any employer where such policy or system is not
merely a subterfuge to evade the purposes of this section;
nor shall anything in this section or in RCW 49.60.180 be
deemed to preclude the varying of insurance coverages
according to an employee’s age; nor shall this section be
construed as applying to any state, county, or city law
enforcement agencies, or as superseding any law fixing or
authorizing the establishment of reasonable minimum or
maximum age limits with respect to candidates for certain
positions in public employment which are of such a nature
as to require extraordinary physical effort, or which for other
reasons warrant consideration of age factors. [1993 c 510 §
24; 1985 c 185 § 30; 1983 c 293 § 2; 1961 c 100 § 5.]
Severability—1993 c 510: See note following RCW 49.60.010.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
Unfair practices, discrimination because of age: RCW 49.60.180 through
49.60.205.
49.44.100 Bringing in out of state persons to replace
employees involved in labor dispute. It shall be unlawful
for any person, firm or corporation not directly involved in
[Title 49 RCW—page 45]
49.44.100
Title 49 RCW: Labor Regulations
a labor strike or lockout to recruit and bring into this state
from outside this state any person or persons for employment, or to secure or offer to secure for such person or
persons any employment, when the purpose of such recruiting, securing or offering to secure employment, is to have
such persons take the place in employment of employees in
a business owned by a person, firm or corporation involved
in a labor strike or lockout, or to have such persons act as
pickets of a business owned by a person, firm or corporation
where a labor strike or lockout exists: PROVIDED, That
this section and RCW 49.44.110 shall not apply to activities
and services offered by or through the Washington employment security department. [1961 c 180 § 1.]
49.44.110 Bringing in out of state persons to replace
employees involved in labor dispute—Penalty. Any
person violating the provisions of RCW 49.44.100 shall be
guilty of a gross misdemeanor. [1961 c 180 § 2.]
49.44.120 Requiring lie detector tests. It shall be
unlawful for any person, firm, corporation or the state of
Washington, its political subdivisions or municipal corporations to require, directly or indirectly, that any employee or
prospective employee take or be subjected to any lie detector
or similar tests as a condition of employment or continued
employment: PROVIDED, That this section shall not apply
to persons making initial application for employment with
any law enforcement agency: PROVIDED FURTHER, That
this section shall not apply to either the initial application for
employment or continued employment of persons who
manufacture, distribute, or dispense controlled substances as
defined in chapter 69.50 RCW, or to persons in sensitive
positions directly involving national security.
Nothing in this section shall be construed to prohibit the
use of psychological tests as defined in RCW 18.83.010.
[1985 c 426 § 1; 1973 c 145 § 1; 1965 c 152 § 1.]
49.44.130 Requiring lie detector tests—Criminal
penalty. (1) Any person violating the provisions of RCW
49.44.120 shall be guilty of a misdemeanor.
(2) As used in this section, "person" includes any
individual, firm, corporation, or agency or political subdivision of the state.
(3) Nothing in this section or RCW 49.44.120 may be
construed as limiting any statutory or common law rights of
any person illegally denied employment or continued
employment under RCW 49.44.120 for purposes of any civil
action or injunctive relief. [1985 c 426 § 2; 1965 c 152 §
2.]
49.44.135 Requiring lie detector tests—Civil penalty
and damages—Attorneys’ fees. In a civil action alleging
a violation of RCW 49.44.120, the court may:
(1) Award a penalty in the amount of five hundred
dollars to a prevailing employee or prospective employee in
addition to any award of actual damages;
(2) Award reasonable attorneys’ fees and costs to the
prevailing employee or prospective employee; and
(3) Pursuant to RCW 4.84.185, award any prevailing
party against whom an action has been brought for a
violation of RCW 49.44.120 reasonable expenses and
[Title 49 RCW—page 46]
attorneys’ fees upon final judgment and written findings by
the trial judge that the action was frivolous and advanced
without reasonable cause. [1985 c 426 § 3.]
49.44.140 Requiring assignment of employee’s
rights to inventions—Conditions. (1) A provision in an
employment agreement which provides that an employee
shall assign or offer to assign any of the employee’s rights
in an invention to the employer does not apply to an
invention for which no equipment, supplies, facilities, or
trade secret information of the employer was used and which
was developed entirely on the employee’s own time, unless
(a) the invention relates (i) directly to the business of the
employer, or (ii) to the employer’s actual or demonstrably
anticipated research or development, or (b) the invention
results from any work performed by the employee for the
employer. Any provision which purports to apply to such an
invention is to that extent against the public policy of this
state and is to that extent void and unenforceable.
(2) An employer shall not require a provision made void
and unenforceable by subsection (1) of this section as a
condition of employment or continuing employment.
(3) If an employment agreement entered into after
September 1, 1979, contains a provision requiring the
employee to assign any of the employee’s rights in any
invention to the employer, the employer must also, at the
time the agreement is made, provide a written notification to
the employee that the agreement does not apply to an
invention for which no equipment, supplies, facility, or trade
secret information of the employer was used and which was
developed entirely on the employee’s own time, unless (a)
the invention relates (i) directly to the business of the
employer, or (ii) to the employer’s actual or demonstrably
anticipated research or development, or (b) the invention
results from any work preformed [performed] by the employee for the employer. [1979 ex.s. c 177 § 2.]
49.44.150 Requiring assignment of employee’s
rights to inventions—Disclosure of inventions by employee. Even though the employee meets the burden of proving
the conditions specified in RCW 49.44.140, the employee
shall, at the time of employment or thereafter, disclose all
inventions being developed by the employee, for the purpose
of determining employer or employee rights. The employer
or the employee may disclose such inventions to the department of employment security, and the department shall
maintain a record of such disclosures for a minimum period
of five years. [1979 ex.s. c 177 § 3.]
49.44.160 Public employers—Intent. The legislature
intends that public employers be prohibited from misclassifying employees, or taking other action to avoid providing or
continuing to provide employment-based benefits to which
employees are entitled under state law or employer policies
or collective bargaining agreements applicable to the
employee’s correct classification.
Chapter 155, Laws of 2002 does not mandate that any
public employer provide benefits to actual temporary,
seasonal, or part-time employees beyond the benefits to
which they are entitled under state law or employer policies
or collective bargaining agreements applicable to the
(2002 Ed.)
Violations—Prohibited Practices
employee’s correct classification. Public employers may
determine eligibility rules for their own benefit plans and
may exclude categories of workers such as "temporary" or
"seasonal," so long as the definitions and eligibility rules are
objective and applied on a consistent basis. Objective
standards, such as control over the work and the length of
the employment relationship, should determine whether a
person is an employee who is entitled to employee benefits,
rather than the arbitrary application of labels, such as
"temporary" or "contractor." Common law standards should
be used to determine whether a person is performing services
as an employee, as a contractor, or as part of an agency
relationship.
Chapter 155, Laws of 2002 does not modify any statute
or policy regarding the employment of: Public employee
retirees who are hired for postretirement employment as
provided for in chapter 41.26, 41.32, 41.35, or 41.40 RCW
or who work as contractors; or enrolled students who receive
employment as student employees or as part of their education or financial aid. [2002 c 155 § 1.]
Construction—2002 c 155: "This act shall be construed liberally for
the accomplishment of its purposes." [2002 c 155 § 3.]
Severability—2002 c 155: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2002 c 155 § 4.]
49.44.170 Public employers—Unfair practices—
Definitions—Remedies. (1) It is an unfair practice for any
public employer to:
(a) Misclassify any employee to avoid providing or
continuing to provide employment-based benefits; or
(b) Include any other language in a contract with an
employee that requires the employee to forgo employmentbased benefits.
(2) The definitions in this subsection apply throughout
chapter 155, Laws of 2002 unless the context clearly
requires otherwise.
(a) "Employee" means a person who is providing
services for compensation to an employer, unless the person
is free from the employer’s direction and control over the
performance of work. This definition shall be interpreted
consistent with common law.
(b) "Employment-based benefits" means any benefits to
which employees are entitled under state law or employer
policies or collective bargaining agreements applicable to the
employee’s correct classification.
(c) "Public employer" means: (i) Any unit of local
government including, but not limited to, a county, city,
town, municipal corporation, quasi-municipal corporation, or
political subdivision; and (ii) the state, state institutions, and
state agencies. This definition shall be interpreted consistent
with common law.
(d) "Misclassify" and "misclassification" means to
incorrectly classify or label a long-term public employee as
"temporary," "leased," "contract," "seasonal," "intermittent,"
or "part-time," or to use a similar label that does not
objectively describe the employee’s actual work circumstances.
(3) An employee deeming himself or herself harmed in
violation of subsection (1) of this section may bring a civil
(2002 Ed.)
49.44.160
action in a court of competent jurisdiction. [2002 c 155 §
2.]
Construction—Severability—2002 c 155: See notes following RCW
49.44.160.
Chapter 49.46
MINIMUM WAGE ACT
Sections
49.46.005
49.46.010
49.46.020
49.46.040
Declaration of necessity and police power.
Definitions.
Minimum hourly wage.
Investigation—Services of federal agencies—Employer’s
records—Industrial homework.
49.46.060 Exceptions for learners, apprentices, messengers, disabled.
49.46.065 Individual volunteering labor to state or local governmental
agency—Amount reimbursed for expenses or received
as nominal compensation not deemed salary for rendering services or affecting public retirement rights.
49.46.070 Records of employer—Contents—Inspection—Sworn statement.
49.46.080 New or modified regulations—Judicial review—Stay.
49.46.090 Payment of wages less than chapter requirements—
Employer’s liability—Assignment of wage claim.
49.46.100 Prohibited acts of employer—Penalty.
49.46.110 Collective bargaining not impaired.
49.46.120 Chapter establishes minimum standards and is supplementary to other laws—More favorable standards unaffected.
49.46.130 Minimum rate of compensation for employment in excess of
forty hour work week—Exceptions.
49.46.140 Notification of employers.
49.46.900 Severability—1959 c 294.
49.46.910 Short title.
49.46.920 Effective date—1975 1st ex.s. c 289.
Enforcement of wage claims: RCW 49.48.040.
49.46.005 Declaration of necessity and police power.
Whereas the establishment of a minimum wage for employees is a subject of vital and imminent concern to the people
of this state and requires appropriate action by the legislature
to establish minimum standards of employment within the
state of Washington, therefore the legislature declares that in
its considered judgment the health, safety and the general
welfare of the citizens of this state require the enactment of
this measure, and exercising its police power, the legislature
endeavors by this chapter to establish a minimum wage for
employees of this state to encourage employment opportunities within the state. The provisions of this chapter are
enacted in the exercise of the police power of the state for
the purpose of protecting the immediate and future health,
safety and welfare of the people of this state. [1961 ex.s. c
18 § 1.]
49.46.010 Definitions. (Effective until July 1, 2004.)
As used in this chapter:
(1) "Director" means the director of labor and industries;
(2) "Wage" means compensation due to an employee by
reason of employment, payable in legal tender of the United
States or checks on banks convertible into cash on demand
at full face value, subject to such deductions, charges, or
allowances as may be permitted by rules of the director;
(3) "Employ" includes to permit to work;
(4) "Employer" includes any individual, partnership,
association, corporation, business trust, or any person or
[Title 49 RCW—page 47]
49.46.010
Title 49 RCW: Labor Regulations
group of persons acting directly or indirectly in the interest
of an employer in relation to an employee;
(5) "Employee" includes any individual employed by an
employer but shall not include:
(a) Any individual (i) employed as a hand harvest
laborer and paid on a piece rate basis in an operation which
has been, and is generally and customarily recognized as
having been, paid on a piece rate basis in the region of
employment; (ii) who commutes daily from his or her
permanent residence to the farm on which he or she is
employed; and (iii) who has been employed in agriculture
less than thirteen weeks during the preceding calendar year;
(b) Any individual employed in casual labor in or about
a private home, unless performed in the course of the
employer’s trade, business, or profession;
(c) Any individual employed in a bona fide executive,
administrative, or professional capacity or in the capacity of
outside salesman as those terms are defined and delimited by
rules of the director. However, those terms shall be defined
and delimited by the Washington personnel resources board
pursuant to chapter 41.06 RCW;
(d) Any individual engaged in the activities of an
educational, charitable, religious, state or local governmental
body or agency, or nonprofit organization where the employer-employee relationship does not in fact exist or where the
services are rendered to such organizations gratuitously. If
the individual receives reimbursement in lieu of compensation for normally incurred out-of-pocket expenses or receives
a nominal amount of compensation per unit of voluntary
service rendered, an employer-employee relationship is
deemed not to exist for the purpose of this section or for
purposes of membership or qualification in any state, local
government or publicly supported retirement system other
than that provided under chapter 41.24 RCW;
(e) Any individual employed full time by any state or
local governmental body or agency who provides voluntary
services but only with regard to the provision of the voluntary services. The voluntary services and any compensation
therefor shall not affect or add to qualification, entitlement
or benefit rights under any state, local government, or
publicly supported retirement system other than that provided
under chapter 41.24 RCW;
(f) Any newspaper vendor or carrier;
(g) Any carrier subject to regulation by Part 1 of the
Interstate Commerce Act;
(h) Any individual engaged in forest protection and fire
prevention activities;
(i) Any individual employed by any charitable institution
charged with child care responsibilities engaged primarily in
the development of character or citizenship or promoting
health or physical fitness or providing or sponsoring recreational opportunities or facilities for young people or members of the armed forces of the United States;
(j) Any individual whose duties require that he or she
reside or sleep at the place of his or her employment or who
otherwise spends a substantial portion of his or her work
time subject to call, and not engaged in the performance of
active duties;
(k) Any resident, inmate, or patient of a state, county,
or municipal correctional, detention, treatment or rehabilitative institution;
[Title 49 RCW—page 48]
(l) Any individual who holds a public elective or
appointive office of the state, any county, city, town,
municipal corporation or quasi municipal corporation,
political subdivision, or any instrumentality thereof, or any
employee of the state legislature;
(m) All vessel operating crews of the Washington state
ferries operated by the department of transportation;
(n) Any individual employed as a seaman on a vessel
other than an American vessel;
(6) "Occupation" means any occupation, service, trade,
business, industry, or branch or group of industries or
employment or class of employment in which employees are
gainfully employed;
(7) "Retail or service establishment" means an establishment seventy-five percent of whose annual dollar volume of
sales of goods or services, or both, is not for resale and is
recognized as retail sales or services in the particular
industry. [1997 c 203 § 3; 1993 c 281 § 56; 1989 c 1 § 1
(Initiative Measure No. 518, approved November 8, 1988);
1984 c 7 § 364; 1977 ex.s. c 69 § 1; 1975 1st ex.s. c 289 §
1; 1974 ex.s. c 107 § 1; 1961 ex.s. c 18 § 2; 1959 c 294 §
1.]
Construction—1997 c 203: See note following RCW 49.46.130.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective date—1989 c 1 (Initiative Measure No. 518, approved
November 8, 1988): "This act shall take effect January 1, 1989." [1989
c 1 § 5.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effect of offset of military pay on status of bona fide executive, administrative, and professional employees: RCW 73.16.080.
49.46.010 Definitions. (Effective July 1, 2004.) As
used in this chapter:
(1) "Director" means the director of labor and industries;
(2) "Wage" means compensation due to an employee by
reason of employment, payable in legal tender of the United
States or checks on banks convertible into cash on demand
at full face value, subject to such deductions, charges, or
allowances as may be permitted by rules of the director;
(3) "Employ" includes to permit to work;
(4) "Employer" includes any individual, partnership,
association, corporation, business trust, or any person or
group of persons acting directly or indirectly in the interest
of an employer in relation to an employee;
(5) "Employee" includes any individual employed by an
employer but shall not include:
(a) Any individual (i) employed as a hand harvest
laborer and paid on a piece rate basis in an operation which
has been, and is generally and customarily recognized as
having been, paid on a piece rate basis in the region of
employment; (ii) who commutes daily from his or her
permanent residence to the farm on which he or she is
employed; and (iii) who has been employed in agriculture
less than thirteen weeks during the preceding calendar year;
(b) Any individual employed in casual labor in or about
a private home, unless performed in the course of the
employer’s trade, business, or profession;
(c) Any individual employed in a bona fide executive,
administrative, or professional capacity or in the capacity of
outside salesman as those terms are defined and delimited by
rules of the director. However, those terms shall be defined
and delimited by the director of personnel pursuant to
(2002 Ed.)
Minimum Wage Act
chapter 41.06 RCW for employees employed under the
director of personnel’s jurisdiction;
(d) Any individual engaged in the activities of an
educational, charitable, religious, state or local governmental
body or agency, or nonprofit organization where the employer-employee relationship does not in fact exist or where the
services are rendered to such organizations gratuitously. If
the individual receives reimbursement in lieu of compensation for normally incurred out-of-pocket expenses or receives
a nominal amount of compensation per unit of voluntary
service rendered, an employer-employee relationship is
deemed not to exist for the purpose of this section or for
purposes of membership or qualification in any state, local
government or publicly supported retirement system other
than that provided under chapter 41.24 RCW;
(e) Any individual employed full time by any state or
local governmental body or agency who provides voluntary
services but only with regard to the provision of the voluntary services. The voluntary services and any compensation
therefor shall not affect or add to qualification, entitlement
or benefit rights under any state, local government, or
publicly supported retirement system other than that provided
under chapter 41.24 RCW;
(f) Any newspaper vendor or carrier;
(g) Any carrier subject to regulation by Part 1 of the
Interstate Commerce Act;
(h) Any individual engaged in forest protection and fire
prevention activities;
(i) Any individual employed by any charitable institution
charged with child care responsibilities engaged primarily in
the development of character or citizenship or promoting
health or physical fitness or providing or sponsoring recreational opportunities or facilities for young people or members of the armed forces of the United States;
(j) Any individual whose duties require that he or she
reside or sleep at the place of his or her employment or who
otherwise spends a substantial portion of his or her work
time subject to call, and not engaged in the performance of
active duties;
(k) Any resident, inmate, or patient of a state, county,
or municipal correctional, detention, treatment or rehabilitative institution;
(l) Any individual who holds a public elective or
appointive office of the state, any county, city, town,
municipal corporation or quasi municipal corporation,
political subdivision, or any instrumentality thereof, or any
employee of the state legislature;
(m) All vessel operating crews of the Washington state
ferries operated by the department of transportation;
(n) Any individual employed as a seaman on a vessel
other than an American vessel;
(6) "Occupation" means any occupation, service, trade,
business, industry, or branch or group of industries or
employment or class of employment in which employees are
gainfully employed;
(7) "Retail or service establishment" means an establishment seventy-five percent of whose annual dollar volume of
sales of goods or services, or both, is not for resale and is
recognized as retail sales or services in the particular
industry. [2002 c 354 § 231; 1997 c 203 § 3; 1993 c 281 §
56; 1989 c 1 § 1 (Initiative Measure No. 518, approved
November 8, 1988); 1984 c 7 § 364; 1977 ex.s. c 69 § 1;
(2002 Ed.)
49.46.010
1975 1st ex.s. c 289 § 1; 1974 ex.s. c 107 § 1; 1961 ex.s. c
18 § 2; 1959 c 294 § 1.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Construction—1997 c 203: See note following RCW 49.46.130.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective date—1989 c 1 (Initiative Measure No. 518, approved
November 8, 1988): "This act shall take effect January 1, 1989." [1989
c 1 § 5.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effect of offset of military pay on status of bona fide executive, administrative, and professional employees: RCW 73.16.080.
49.46.020 Minimum hourly wage. (1) Until January
1, 1999, every employer shall pay to each of his or her
employees who has reached the age of eighteen years wages
at a rate of not less than four dollars and ninety cents per
hour.
(2) Beginning January 1, 1999, and until January 1,
2000, every employer shall pay to each of his or her
employees who has reached the age of eighteen years wages
at a rate of not less than five dollars and seventy cents per
hour.
(3) Beginning January 1, 2000, and until January 1,
2001, every employer shall pay to each of his or her
employees who has reached the age of eighteen years wages
at a rate of not less than six dollars and fifty cents per hour.
(4)(a) Beginning on January 1, 2001, and each following
January 1st as set forth under (b) of this subsection, every
employer shall pay to each of his or her employees who has
reached the age of eighteen years wages at a rate of not less
than the amount established under (b) of this subsection.
(b) On September 30, 2000, and on each following
September 30th, the department of labor and industries shall
calculate an adjusted minimum wage rate to maintain employee purchasing power by increasing the current year’s
minimum wage rate by the rate of inflation. The adjusted
minimum wage rate shall be calculated to the nearest cent
using the consumer price index for urban wage earners and
clerical workers, CPI-W, or a successor index, for the twelve
months prior to each September 1st as calculated by the
United States department of labor. Each adjusted minimum
wage rate calculated under this subsection (4)(b) takes effect
on the following January 1st.
(5) The director shall by regulation establish the
minimum wage for employees under the age of eighteen
years. [1999 c 1 § 1 (Initiative Measure No. 688, approved
November 3, 1998); 1993 c 309 § 1; 1989 c 1 § 2 (Initiative
Measure No. 518, approved November 8, 1988); 1975 1st
ex.s. c 289 § 2; 1973 2nd ex.s. c 9 § 1; 1967 ex.s. c 80 § 1;
1961 ex.s. c 18 § 3; 1959 c 294 § 2.]
Effective date—1993 c 309: "This act shall take effect January 1,
1994." [1993 c 309 § 2.]
Effective date—1989 c 1 (Initiative Measure No. 518): See note
following RCW 49.46.010.
Notification of employers: RCW 49.46.140.
49.46.040 Investigation—Services of federal agencies—Employer’s records—Industrial homework. (1) The
director or his designated representatives may investigate and
gather data regarding the wages, hours, and other conditions
and practices of employment in any industry subject to this
[Title 49 RCW—page 49]
49.46.040
Title 49 RCW: Labor Regulations
chapter, and may enter and inspect such places and such records (and make such transcriptions thereof), question such
employees, and investigate such facts, conditions, practices,
or matters as he may deem necessary or appropriate to
determine whether any person has violated any provision of
this chapter, or which may aid in the enforcement of the
provisions of this chapter.
(2) With the consent and cooperation of federal agencies
charged with the administration of federal labor laws, the
director may, for the purpose of carrying out his functions
and duties under this chapter, utilize the services of federal
agencies and their employees and, notwithstanding any other
provision of law, may reimburse such federal agencies and
their employees for services rendered for such purposes.
(3) Every employer subject to any provision of this
chapter or of any order issued under this chapter shall make,
keep, and preserve such records of the persons employed by
him and of the wages, hours, and other conditions and
practices of employment maintained by him, and shall
preserve such records for such periods of time, and shall
make reports therefrom to the director as he shall prescribe
by regulation as necessary or appropriate for the enforcement
of the provisions of this chapter or the regulations thereunder.
(4) The director is authorized to make such regulations
regulating, restricting, or prohibiting industrial homework as
are necessary or appropriate to prevent the circumvention or
evasion of and to safeguard the minimum wage rate prescribed in this chapter, and all existing regulations of the
director relating to industrial homework are hereby continued
in full force and effect. [1959 c 294 § 4.]
49.46.060 Exceptions for learners, apprentices,
messengers, disabled. The director, to the extent necessary
in order to prevent curtailment of opportunities for employment, shall by regulations provide for (1) the employment of
learners, of apprentices, and of messengers employed
primarily in delivering letters and messages, under special
certificates issued pursuant to regulations of the director, at
such wages lower than the minimum wage applicable under
RCW 49.46.020 and subject to such limitations as to time,
number, proportion, and length of service as the director
shall prescribe, and (2) the employment of individuals whose
earning capacity is impaired by age or physical or mental
deficiency or injury, under special certificates issued by the
director, at such wages lower than the minimum wage
applicable under RCW 49.46.020 and for such period as
shall be fixed in such certificates. [1959 c 294 § 6.]
49.46.065 Individual volunteering labor to state or
local governmental agency—Amount reimbursed for
expenses or received as nominal compensation not
deemed salary for rendering services or affecting public
retirement rights. When an individual volunteers his or her
labor to a state or local governmental body or agency and
receives pursuant to a statute or policy or an ordinance or
resolution adopted by or applicable to the state or local
governmental body or agency reimbursement in lieu of
compensation at a nominal rate for normally incurred
expenses or receives a nominal amount of compensation per
unit of voluntary service rendered such reimbursement or
[Title 49 RCW—page 50]
compensation shall not be deemed a salary for the rendering
of services or for purposes of granting, affecting or adding
to any qualification, entitlement or benefit rights under any
state, local government or publicly supported retirement
system other than that provided under chapter 41.24 RCW.
[1977 ex.s. c 69 § 2.]
49.46.070 Records of employer—Contents—
Inspection—Sworn statement. Every employer subject to
any provision of this chapter or of any regulation issued
under this chapter shall make, and keep in or about the
premises wherein any employee is employed, a record of the
name, address, and occupation of each of his employees, the
rate of pay, and the amount paid each pay period to each
such employee, the hours worked each day and each work
week by such employee, and such other information as the
director shall prescribe by regulation as necessary or appropriate for the enforcement of the provisions of this chapter
or of the regulations thereunder. Such records shall be open
for inspection or transcription by the director or his authorized representative at any reasonable time. Every such
employer shall furnish to the director or to his authorized
representative on demand a sworn statement of such records
and information upon forms prescribed or approved by the
director. [1959 c 294 § 7.]
49.46.080 New or modified regulations—Judicial
review—Stay. (1) As new regulations or changes or
modification of previously established regulations are
proposed, the director shall call a public hearing for the
purpose of the consideration and establishment of such
regulations following the procedures used in the promulgation of standards of safety under chapter 49.17 RCW.
(2) Any interested party may obtain a review of the
director’s findings and order in the superior court of county
of petitioners’ residence by filing in such court within sixty
days after the date of publication of such regulation a written
petition praying that the regulation be modified or set aside.
A copy of such petition shall be served upon the director.
The finding of facts, if supported by evidence, shall be
conclusive upon the court. The court shall determine
whether the regulation is in accordance with law. If the
court determines that such regulation is not in accordance
with law, it shall remand the case to the director with
directions to modify or revoke such regulation. If application is made to the court for leave to adduce additional
evidence by any aggrieved party, such party shall show to
the satisfaction of the court that such additional evidence is
material, and that there were reasonable grounds for the
failure to adduce such evidence before the director. If the
court finds that such evidence is material and that reasonable
grounds exist for failure of the aggrieved party to adduce
such evidence in prior proceedings, the court may remand
the case to the director with directions that such additional
evidence be taken before the director. The director may
modify the findings and conclusions, in whole or in part, by
reason of such additional evidence.
(3) The judgment and decree of the court shall be final
except that it shall be subject to review by the supreme court
or the court of appeals as in other civil cases.
(2002 Ed.)
Minimum Wage Act
(4) The proceedings under this section shall not, unless
specifically ordered by the court, operate as a stay of an
administrative regulation issued under the provisions of this
chapter. The court shall not grant any stay of an administrative regulation unless the person complaining of such
regulation shall file in the court an undertaking with a surety
or sureties satisfactory to the court for the payment to the
employees affected by the regulation, in the event such
regulation is affirmed, of the amount by which the compensation such employees are entitled to receive under the
regulation exceeds the compensation they actually receive
while such stay is in effect. [1983 c 3 § 157; 1971 c 81 §
117; 1959 c 294 § 8.]
49.46.090 Payment of wages less than chapter
requirements—Employer’s liability—Assignment of wage
claim. (1) Any employer who pays any employee less than
wages to which such employee is entitled under or by virtue
of this chapter, shall be liable to such employee affected for
the full amount of such wage rate, less any amount actually
paid to such employee by the employer, and for costs and
such reasonable attorney’s fees as may be allowed by the
court. Any agreement between such employee and the
employer to work for less than such wage rate shall be no
defense to such action.
(2) At the written request of any employee paid less
than the wages to which he is entitled under or by virtue of
this chapter, the director may take an assignment under this
chapter or as provided in RCW 49.48.040 of such wage
claim in trust for the assigning employee and may bring any
legal action necessary to collect such claim, and the employer shall be required to pay the costs and such reasonable
attorney’s fees as may be allowed by the court. [1959 c 294
§ 9.]
49.46.100 Prohibited acts of employer—Penalty. (1)
Any employer who hinders or delays the director or his
authorized representatives in the performance of his duties in
the enforcement of this chapter, or refuses to admit the
director or his authorized representatives to any place of
employment, or fails to make, keep, and preserve any
records as required under the provisions of this chapter, or
falsifies any such record, or refuses to make any record
accessible to the director or his authorized representatives
upon demand, or refuses to furnish a sworn statement of
such record or any other information required for the proper
enforcement of this chapter to the director or his authorized
representatives upon demand, or pays or agrees to pay wages
at a rate less than the rate applicable under this chapter, or
otherwise violates any provision of this chapter or of any
regulation issued under this chapter shall be deemed in
violation of this chapter and shall, upon conviction therefor,
be guilty of a gross misdemeanor.
(2) Any employer who discharges or in any other
manner discriminates against any employee because such
employee has made any complaint to his employer, to the
director, or his authorized representatives that he has not
been paid wages in accordance with the provisions of this
chapter, or that the employer has violated any provision of
this chapter, or because such employee has caused to be
instituted or is about to cause to be instituted any proceeding
(2002 Ed.)
49.46.080
under or related to this chapter, or because such employee
has testified or is about to testify in any such proceeding
shall be deemed in violation of this chapter and shall, upon
conviction therefor, be guilty of a gross misdemeanor. [1959
c 294 § 10.]
49.46.110 Collective bargaining not impaired.
Nothing in this chapter shall be deemed to interfere with,
impede, or in any way diminish the right of employees to
bargain collectively with their employers through representatives of their own choosing in order to establish wages or
other conditions of work in excess of the applicable minimum under the provisions of this chapter. [1959 c 294 §
11.]
49.46.120 Chapter establishes minimum standards
and is supplementary to other laws—More favorable
standards unaffected. This chapter establishes a minimum
standard for wages and working conditions of all employees
in this state, unless exempted herefrom, and is in addition to
and supplementary to any other federal, state, or local law or
ordinance, or any rule or regulation issued thereunder. Any
standards relating to wages, hours, or other working conditions established by any applicable federal, state, or local law
or ordinance, or any rule or regulation issued thereunder,
which are more favorable to employees than the minimum
standards applicable under this chapter, or any rule or
regulation issued hereunder, shall not be affected by this
chapter and such other laws, or rules or regulations, shall be
in full force and effect and may be enforced as provided by
law. [1961 ex.s. c 18 § 4; 1959 c 294 § 12.]
49.46.130 Minimum rate of compensation for
employment in excess of forty hour work week—
Exceptions. (1) Except as otherwise provided in this
section, no employer shall employ any of his employees for
a work week longer than forty hours unless such employee
receives compensation for his employment in excess of the
hours above specified at a rate not less than one and one-half
times the regular rate at which he is employed.
(2) This section does not apply to:
(a) Any person exempted pursuant to RCW
49.46.010(5). The payment of compensation or provision of
compensatory time off in addition to a salary shall not be a
factor in determining whether a person is exempted under
RCW 49.46.010(5)(c);
(b) Employees who request compensating time off in
lieu of overtime pay;
(c) Any individual employed as a seaman whether or
not the seaman is employed on a vessel other than an
American vessel;
(d) Seasonal employees who are employed at concessions and recreational establishments at agricultural fairs,
including those seasonal employees employed by agricultural
fairs, within the state provided that the period of employment
for any seasonal employee at any or all agricultural fairs
does not exceed fourteen working days a year;
(e) Any individual employed as a motion picture
projectionist if that employee is covered by a contract or
collective bargaining agreement which regulates hours of
work and overtime pay;
[Title 49 RCW—page 51]
49.46.130
Title 49 RCW: Labor Regulations
(f) An individual employed as a truck or bus driver who
is subject to the provisions of the Federal Motor Carrier Act
(49 U.S.C. Sec. 3101 et seq. and 49 U.S.C. Sec. 10101 et
seq.), if the compensation system under which the truck or
bus driver is paid includes overtime pay, reasonably equivalent to that required by this subsection, for working longer
than forty hours per week;
(g) Any individual employed (i) on a farm, in the
employ of any person, in connection with the cultivation of
the soil, or in connection with raising or harvesting any
agricultural or horticultural commodity, including raising,
shearing, feeding, caring for, training, and management of
livestock, bees, poultry, and furbearing animals and wildlife,
or in the employ of the owner or tenant or other operator of
a farm in connection with the operation, management,
conservation, improvement, or maintenance of such farm and
its tools and equipment; or (ii) in packing, packaging, grading, storing or delivering to storage, or to market or to a
carrier for transportation to market, any agricultural or
horticultural commodity; or (iii) commercial canning,
commercial freezing, or any other commercial processing, or
with respect to services performed in connection with the
cultivation, raising, harvesting, and processing of oysters or
in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for
consumption;
(h) Any industry in which federal law provides for an
overtime payment based on a work week other than forty
hours. However, the provisions of the federal law regarding
overtime payment based on a work week other than forty
hours shall nevertheless apply to employees covered by this
section without regard to the existence of actual federal
jurisdiction over the industrial activity of the particular
employer within this state. For the purposes of this subsection, "industry" means a trade, business, industry, or other
activity, or branch, or group thereof, in which individuals are
gainfully employed (section 3(h) of the Fair Labor Standards
Act of 1938, as amended (Public Law 93-259));
(i) Any hours worked by an employee of a carrier by air
subject to the provisions of subchapter II of the Railway
Labor Act (45 U.S.C. Sec. 181 et seq.), when such hours are
voluntarily worked by the employee pursuant to a shift-trading practice under which the employee has the opportunity
in the same or in other work weeks to reduce hours worked
by voluntarily offering a shift for trade or reassignment.
(3) No employer shall be deemed to have violated
subsection (1) of this section by employing any employee of
a retail or service establishment for a work week in excess
of the applicable work week specified in subsection (1) of
this section if:
(a) The regular rate of pay of the employee is in excess
of one and one-half times the minimum hourly rate required
under RCW 49.46.020; and
(b) More than half of the employee’s compensation for
a representative period, of not less than one month, represents commissions on goods or services.
In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate is to be deemed commissions on goods or services without regard to whether the
computed commissions exceed the draw or guarantee.
[Title 49 RCW—page 52]
(4) No employer of commissioned salespeople primarily
engaged in the business of selling automobiles, trucks,
recreational vessels, recreational vessel trailers, recreational
vehicle trailers, recreational campers, manufactured housing,
or farm implements to ultimate purchasers shall violate
subsection (1) of this section with respect to such commissioned salespeople if the commissioned salespeople are paid
the greater of:
(a) Compensation at the hourly rate, which may not be
less than the rate required under RCW 49.46.020, for each
hour worked up to forty hours per week, and compensation
of one and one-half times that hourly rate for all hours
worked over forty hours in one week; or
(b) A straight commission, a salary plus commission, or
a salary plus bonus applied to gross salary.
(5) No public agency shall be deemed to have violated
subsection (1) of this section with respect to the employment
of any employee in fire protection activities or any employee
in law enforcement activities (including security personnel in
correctional institutions) if: (a) In a work period of twentyeight consecutive days the employee receives for tours of
duty which in the aggregate exceed two hundred forty hours;
or (b) in the case of such an employee to whom a work
period of at least seven but less than twenty-eight days
applies, in his or her work period the employee receives for
tours of duty which in the aggregate exceed a number of
hours which bears the same ratio to the number of consecutive days in his or her work period as two hundred forty
hours bears to twenty-eight days; compensation at a rate not
less than one and one-half times the regular rate at which he
or she is employed. [1998 c 239 § 2. Prior: 1997 c 311 §
1; 1997 c 203 § 2; 1995 c 5 § 1; 1993 c 191 § 1; 1992 c 94
§ 1; 1989 c 104 § 1; prior: 1977 ex.s. c 4 § 1; 1977 ex.s. c
74 § 1; 1975 1st ex.s. c 289 § 3.]
Findings—Intent—1998 c 239: "The legislature finds that employees
in the airline industry have a long-standing practice and tradition of trading
shifts voluntarily among themselves. The legislature also finds that federal
law exempts airline employees from the provisions of federal overtime
regulations. This act is intended to specify that airline industry employers
are not required to pay overtime compensation to an employee agreeing to
work additional hours for a coemployee." [1998 c 239 § 1.]
Intent—Collective bargaining agreements—1998 c 239: "This act
does not alter the terms, conditions, or practices contained in any collective
bargaining agreement." [1998 c 239 § 3.]
Retroactive application—1998 c 239: "This act is remedial in nature
and applies retroactively." [1998 c 239 § 4.]
Severability—1998 c 239: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1998 c 239 § 5.]
Construction—1997 c 203: "Nothing in this act shall be construed
to alter the terms, conditions, or practices contained in any collective
bargaining agreement in effect at the time of the effective date of this act
[July 27, 1997] until the expiration date of such agreement." [1997 c 203
§ 4.]
Intent—Application—1995 c 5: "This act is intended to clarify the
original intent of RCW 49.46.010(5)(c). This act applies to all administrative and judicial actions commenced on or after February 1, 1995, and
pending on March 30, 1995, and such actions commenced on or after March
30, 1995." [1995 c 5 § 2.]
Effective date—1995 c 5: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 30, 1995]." [1995 c 5 § 3.]
(2002 Ed.)
Minimum Wage Act
49.46.140 Notification of employers. The director of
the department of labor and industries and the commissioner
of employment security shall each notify employers of the
requirements of chapter 289, Laws of 1975 1st ex. sess.
through their regular quarterly notices to employers. [1975
1st ex.s. c 289 § 4.]
49.46.900 Severability—1959 c 294. If any provision
of this chapter, or the application thereof to any person or
circumstances, is held invalid, the remainder of the chapter
and the application thereof to other persons or circumstances
shall not be affected thereby. [1959 c 294 § 13.]
49.46.910 Short title. This chapter may be known
and cited as the "Washington Minimum Wage Act." [1961
ex.s. c 18 § 6; 1959 c 294 § 14.]
49.46.920 Effective date—1975 1st ex.s. c 289. This
1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and
shall take effect September 1, 1975. [1975 1st ex.s. c 289
§ 5.]
Chapter 49.48
WAGES—PAYMENT—COLLECTION
Sections
49.48.010
Payment of wages due to employee ceasing work to be at
end of pay period—Exceptions—Authorized deductions
or withholdings.
49.48.020 Penalty for noncompliance with RCW 49.48.010 through
49.48.030 and 49.48.060.
49.48.030 Attorney’s fee in action on wages—Exception.
49.48.040 Enforcement of wage claims—Issuance of subpoenas—
Compliance.
49.48.050 Remedy cumulative.
49.48.060 Director may require bond after assignment of wage
claims—Court action—Penalty for failure to pay wage
claim.
49.48.070 Enforcement.
49.48.075 Reciprocal enforcement agreements with other states.
49.48.080 Public employees excluded.
49.48.090 Assignment of wages—Requisites to validity.
49.48.100 Written consent of spouse required.
49.48.115 Employer defined.
49.48.120 Payment on employee’s death.
49.48.150 Sales representatives—Definitions.
49.48.160 Sales representatives—Contract—Agreement.
49.48.170 Sales representatives—Payment.
49.48.180 Sales representatives—Principal considered doing business
in this state.
49.48.190 Sales representatives—Rights and remedies not exclusive—
Waiver void.
Chattel liens: Chapter 60.08 RCW.
Mechanics’ and materialmen’s liens: Chapter 60.04 RCW.
49.48.010 Payment of wages due to employee
ceasing work to be at end of pay period—Exceptions—
Authorized deductions or withholdings. When any
employee shall cease to work for an employer, whether by
discharge or by voluntary withdrawal, the wages due him on
account of his employment shall be paid to him at the end
of the established pay period: PROVIDED, HOWEVER,
That this paragraph shall not apply when workers are
(2002 Ed.)
49.46.140
engaged in an employment that normally involves working
for several employers in the same industry interchangeably,
and the several employers or some of them cooperate to
establish a plan for the weekly payment of wages at a central
place or places and in accordance with a unified schedule of
paydays providing for at least one payday each week; but
this subsection shall not apply to any such plan until ten
days after notice of their intention to set up such a plan shall
have been given to the director of labor and industries by the
employers who cooperate to establish the plan; and having
once been established, no such plan can be abandoned except
after notice of their intention to abandon such plan has been
given to the director of labor and industries by the employers
intending to abandon the plan: PROVIDED FURTHER,
That the duty to pay an employee forthwith shall not apply
if the labor-management agreement under which the employee has been employed provides otherwise.
It shall be unlawful for any employer to withhold or
divert any portion of an employee’s wages unless the
deduction is:
(1) Required by state or federal law; or
(2) Specifically agreed upon orally or in writing by the
employee and employer; or
(3) For medical, surgical or hospital care or service,
pursuant to any rule or regulation: PROVIDED, HOWEVER, That the deduction is openly, clearly and in due course
recorded in the employer’s books and records.
Paragraph *three of this section shall not be construed
to affect the right of any employer or former employer to
sue upon or collect any debt owed to said employer or former employer by his employees or former employees. [1971
ex.s. c 55 § 1; 1947 c 181 § 1; 1905 c 112 § 1; 1888 c 128
§ 1; Rem. Supp. 1947 § 7594.]
*Reviser’s note: The reference to paragraph three of this section
appears to be erroneous. An amendment to Engrossed Senate Bill No. 137
[1971 ex.s. c 55] deleted the first paragraph of the section without making
a corresponding change in the reference to "paragraph three." It was
apparently intended that the phrase "paragraph three of this section" refer
to the paragraph beginning "It shall be unlawful . . .," which now appears
as the second paragraph of the section.
Saving—1888 c 128: "This act is not to be construed as affecting any
bona fide contract heretofore entered into contrary to its provisions and
existing at the date of the passage hereof, and continuing by reason of
limitation of said contract being still in force." [1888 c 128 § 4; no RRS.]
Effective date—1888 c 128: "This act is to take effect on and after
its approval." [1888 c 128 § 5; no RRS.]
General repealer—1888 c 128: "All laws or parts of laws in conflict
with this act be and the same are hereby repealed." [1888 c 128 § 6; no
RRS.]
The foregoing annotations apply to RCW 49.48.010 through
49.48.030.
49.48.020 Penalty for noncompliance with RCW
49.48.010 through 49.48.030 and 49.48.060. Any person,
firm, or corporation which violates any of the provisions of
RCW 49.48.010 through 49.48.030 and 49.48.060 shall be
guilty of a misdemeanor. [1971 ex.s. c 55 § 2; 1933 ex.s. c
20 § 1; 1888 c 128 § 2; RRS § 7595.]
Wages—Deductions—Rebates, authorized withholding: RCW 49.52.060.
49.48.030 Attorney’s fee in action on wages—
Exception. In any action in which any person is successful
in recovering judgment for wages or salary owed to him,
[Title 49 RCW—page 53]
49.48.030
Title 49 RCW: Labor Regulations
reasonable attorney’s fees, in an amount to be determined by
the court, shall be assessed against said employer or former
employer: PROVIDED, HOWEVER, That this section shall
not apply if the amount of recovery is less than or equal to
the amount admitted by the employer to be owing for said
wages or salary. [1971 ex.s. c 55 § 3; 1888 c 128 § 3; RRS
§ 7596.]
49.48.040 Enforcement of wage claims—Issuance of
subpoenas—Compliance. (1) The department of labor and
industries may:
(a) Upon obtaining information indicating an employer
may be committing a violation under chapters 39.12, 49.46,
and 49.48 RCW, conduct investigations to ensure compliance
with chapters 39.12, 49.46, and 49.48 RCW;
(b) Order the payment of all wages owed the workers
and institute actions necessary for the collection of the sums
determined owed; and
(c) Take assignments of wage claims and prosecute
actions for the collection of wages of persons who are
financially unable to employ counsel when in the judgment
of the director of the department the claims are valid and
enforceable in the courts.
(2) The director of the department or any authorized
representative may, for the purpose of carrying out RCW
49.48.040 through 49.48.080: (a) Issue subpoenas to compel
the attendance of witnesses or parties and the production of
books, papers, or records; (b) administer oaths and examine
witnesses under oath; (c) take the verification of proof of
instruments of writing; and (d) take depositions and affidavits. If assignments for wage claims are taken, court costs
shall not be payable by the department for prosecuting such
suits.
(3) The director shall have a seal inscribed "Department
of Labor and Industries—State of Washington" and all courts
shall take judicial notice of such seal. Obedience to subpoenas issued by the director or authorized representative shall
be enforced by the courts in any county.
(4) The director or authorized representative shall have
free access to all places and works of labor. Any employer
or any agent or employee of such employer who refuses the
director or authorized representative admission therein, or
who, when requested by the director or authorized representative, wilfully neglects or refuses to furnish the director or
authorized representative any statistics or information
pertaining to his or her lawful duties, which statistics or
information may be in his or her possession or under the
control of the employer or agent, shall be guilty of a
misdemeanor. [1987 c 172 § 1; 1935 c 96 § 1; RRS §
7596-1.]
49.48.050 Remedy cumulative. Nothing herein
contained shall be construed to limit the authority of the
prosecuting attorney of any county to prosecute actions, both
civil and criminal, for such violations of RCW 49.48.040
through 49.48.080 as may come to his knowledge, or to
enforce the provisions hereof independently and without
specific direction of the director of labor and industries.
[1935 c 96 § 2; RRS § 7596-2.]
[Title 49 RCW—page 54]
49.48.060 Director may require bond after assignment of wage claims—Court action—Penalty for failure
to pay wage claim. (1) If upon investigation by the
director, after taking assignments of any wage claim under
RCW 49.48.040, it appears to the director that the employer
is representing to his employees that he is able to pay wages
for their services and that the employees are not being paid
for their services, the director may require the employer to
give a bond in such sum as the director deems reasonable
and adequate in the circumstances, with sufficient surety,
conditioned that the employer will for a definite future
period not exceeding six months conduct his business and
pay his employees in accordance with the laws of the state
of Washington.
(2) If within ten days after demand for such bond the
employer fails to provide the same, the director may commence a suit against the employer in the superior court of
appropriate jurisdiction to compel him to furnish such bond
or cease doing business until he has done so. The employer
shall have the burden of proving the amount thereof to be
excessive.
(3) If the court finds that there is just cause for requiring such bond and that the same is reasonable, necessary or
appropriate to secure the prompt payment of the wages of
the employees of such employer and his compliance with
RCW 49.48.010 through 49.48.080, the court shall enjoin
such employer from doing business in this state until the
requirement is met, or shall make other, and may make
further, orders appropriate to compel compliance with the
requirement.
Upon being informed of a wage claim against an
employer or former employer, the director shall, if such
claim appears to be just, immediately notify the employer or
former employer, of such claim by mail. If the employer or
former employer fails to pay the claim or make satisfactory
explanation to the director of his failure to do so, within
thirty days thereafter, the employer or former employer shall
be liable to a penalty of ten percent of that portion of the
claim found to be justly due. The director shall have a
cause of action against the employer or former employer for
the recovery of such penalty, and the same may be included
in any subsequent action by the director on said wage claim,
or may be exercised separately after adjustment of such
wage claim without court action. [1971 ex.s. c 55 § 4; 1935
c 96 § 3; RRS § 7596-3.]
49.48.070 Enforcement. It shall be the duty of the
director of labor and industries to inquire diligently for any
violations of RCW 49.48.040 through 49.48.080, and to
institute the actions for penalties herein provided, and to
enforce generally the provisions of RCW 49.48.040 through
49.48.080. [1935 c 96 § 4; RRS § 7596-4.]
49.48.075 Reciprocal enforcement agreements with
other states. (1) The director of labor and industries, or the
director’s designee, may enter into reciprocal agreements
with the labor department or corresponding agency of any
other state or with the person, board, officer, or commission
authorized to act on behalf of such department or agency, for
the collection in such other states of claims or judgments for
(2002 Ed.)
Wages—Payment—Collection
wages and other demands based upon claims assigned to the
director.
(2) The director, or the director’s designee, may, to the
extent provided for by any reciprocal agreement entered into
by law or with an agency of another state as herein provided, maintain actions in the courts of such other state for the
collection of claims for wages, judgments, and other demands and may assign such claims, judgments, and demands
to the labor department or agency of such other state for
collection to the extent that such an assignment may be
permitted or provided for by the law of such state or
reciprocal agreement.
(3) The director, or the director’s designee, may, upon
the written consent of the labor department or corresponding
agency of any other state or of the person, board, officer, or
commission of such state authorized to act on behalf of such
labor department or corresponding agency, maintain actions
in the courts of Washington upon assigned claims for wages,
judgments, and demands arising in such other state in the
same manner and to the same extent that such actions by the
director are authorized when arising in Washington. Such
actions may be maintained only in cases where such other
state by law or reciprocal agreement extends a like comity
to cases arising in Washington. [1985 c 48 § 1.]
49.48.080 Public employees excluded. Nothing in
RCW 49.48.040 through 49.48.080 shall apply to the
payment of wages or compensation of employees directly
employed by any county, incorporated city or town, or other
municipal corporation. Nor shall anything herein apply to
employees, directly employed by the state, any department,
bureau, office, board, commission or institution hereof.
[1935 c 96 § 5; RRS § 7596-5.]
49.48.090 Assignment of wages—Requisites to
validity. No assignment of, or order for, wages to be earned
in the future to secure a loan of less than three hundred
dollars, shall be valid against an employer of the person
making said assignment or order unless said assignment or
order is accepted in writing by the employer, and said
assignment or order, and the acceptance of the same, have
been filed and recorded with the county auditor of the
county where the party making said assignment or order
resides, if a resident of the state, or in which he is employed,
if not a resident of the state. [1909 c 32 § 1; RRS § 7597.]
49.48.100 Written consent of spouse required. No
assignment of, or order for, wages to be earned in the future
shall be valid, when made by a married person, unless the
written consent of the other spouse to the making of such assignment or order is attached thereto. [1972 ex.s. c 108 § 7;
1909 c 32 § 2; RRS § 7598.]
49.48.115 Employer defined. For the purposes of
RCW 49.48.120 the word "employer" shall include every
person, firm, partnership, corporation, the state of Washington, and all municipal corporations. [1939 c 139 § 1; RRS
§ 1464-1. Formerly RCW 49.48.120, part.]
49.48.120 Payment on employee’s death. If at the
time of the death of any person, his employer is indebted to
(2002 Ed.)
49.48.075
him for work, labor, and services performed, and no executor or administrator of his estate has been appointed, such
employer shall upon the request of the surviving spouse
forthwith pay said indebtedness, in such an amount as may
be due not exceeding the sum of two thousand five hundred
dollars, to the said surviving spouse or if the decedent leaves
no surviving spouse, then to the child or children, or if no
children, then to the father or mother of said decedent:
PROVIDED, HOWEVER, That if by virtue of a community
property agreement between the decedent and the surviving
spouse, which meets the requirements of RCW 26.16.120,
the right to such indebtedness became the sole property of
the surviving spouse upon the death of the decedent, the
employer shall pay to the surviving spouse the total of such
indebtedness or that portion which is governed by the
community property agreement upon presentation of said
agreement accompanied by affidavit of the surviving spouse
stating that such agreement was executed in good faith
between the parties thereto and had not been rescinded by
the parties prior to the death of the decedent: PROVIDED
FURTHER, That in all cases the employer shall require
proof of claimant’s relationship to decedent by affidavit, and
shall require claimant to acknowledge receipt of such
payment in writing. Any payments made by an employer
pursuant to the provisions of RCW 49.48.115 and 49.48.120
shall operate as a full and complete discharge of the
employer’s indebtedness to the extent of said payment, and
no employer shall thereafter be liable therefor to the
decedent’s estate, or the decedent’s executor or administrator
thereafter appointed. The employer may also pay the indebtedness upon presentation of an affidavit as provided in
RCW 11.62.010. [1981 c 333 § 2; 1974 ex.s. c 117 § 42;
1967 c 210 § 1; 1939 c 139 § 2; RRS § 1464-2. FORMER
PART OF SECTION: 1939 c 139 § 1; RRS § 1464-1 now
codified as RCW 49.48.115.]
Application, construction—Severability—Effective date—1974 ex.s.
c 117: See RCW 11.02.080 and notes following.
49.48.150 Sales representatives—Definitions. Unless
the context clearly requires otherwise, the definitions in this
section apply throughout RCW 49.48.160 through 49.48.190.
(1) "Commission" means compensation paid a sales
representative by a principal in an amount based on a
percentage of the dollar amount of certain orders for or sales
of the principal’s product.
(2) "Principal" means a person, whether or not the
person has a permanent or fixed place of business in this
state, who:
(a) Manufactures, produces, imports, or distributes a
product for sale to customers who purchase the product for
resale;
(b) Uses a sales representative to solicit orders for the
product; and
(c) Compensates the sales representative in whole or in
part by commission.
(3) "Sales representative" means a person who solicits,
on behalf of a principal, orders for the purchase at wholesale
of the principal’s product, but does not include a person who
places orders for his own account for resale, or purchases for
his own account for resale, or sells or takes orders for the
direct sale of products to the ultimate consumer. [1992 c
177 § 1.]
[Title 49 RCW—page 55]
49.48.150
Title 49 RCW: Labor Regulations
Severability—1992 c 177: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1992 c 177 § 7.]
another state. A waiver of a provision of RCW 49.48.150
through 49.48.190 is void. [1992 c 177 § 5.]
49.48.160 Sales representatives—Contract—
Agreement. (1) A contract between a principal and a sales
representative under which the sales representative is to
solicit wholesale orders within this state must be in writing
and must set forth the method by which the sales
representative’s commission is to be computed and paid.
The principal shall provide the sales representative with a
copy of the contract. A provision in the contract establishing
venue for an action arising under the contract in a state other
than this state is void.
(2) When no written contract has been entered into, any
agreement between a sales representative and a principal is
deemed to incorporate the provisions of RCW 49.48.150
through 49.48.190.
(3) During the course of the contract, a sales representative shall be paid the earned commission and all other
moneys earned or payable in accordance with the agreed
terms of the contract, but no later than thirty days after
receipt of payment by the principal for products or goods
sold on behalf of the principal by the sales representative.
Upon termination of a contract, whether or not the
agreement is in writing, all earned commissions due to the
sales representative shall be paid within thirty days after
receipt of payment by the principal for products or goods
sold on behalf of the principal by the sales representative,
including earned commissions not due when the contract is
terminated. [1992 c 177 § 2.]
Chapter 49.52
WAGES—DEDUCTIONS—
CONTRIBUTIONS—REBATES
Severability—1992 c 177: See note following RCW 49.48.150.
49.48.170 Sales representatives—Payment. A
principal shall pay wages and commissions at the usual place
of payment unless the sales representative requests that the
wages and commissions be sent through registered mail. If,
in accordance with a request by the sales representative, the
sales representative’s wages and commissions are sent
through the mail, the wages and commissions are deemed to
have been paid as of the date of their registered postmark.
[1992 c 177 § 3.]
Severability—1992 c 177: See note following RCW 49.48.150.
49.48.180 Sales representatives—Principal considered doing business in this state. A principal who is not
a resident of this state and who enters into a contract subject
to RCW 49.48.150 through 49.48.190 is considered to be
doing business in this state for purposes of the exercise of
personal jurisdiction over the principal. [1992 c 177 § 4.]
Severability—1992 c 177: See note following RCW 49.48.150.
49.48.190 Sales representatives—Rights and remedies not exclusive—Waiver void. (1) RCW 49.48.150
through 49.48.190 supplement but do not supplant any other
rights and remedies enjoyed by sales representatives.
(2) A provision of RCW 49.48.150 through 49.48.190
may not be waived, whether by express waiver or by attempt
to make a contract or agreement subject to the laws of
[Title 49 RCW—page 56]
Severability—1992 c 177: See note following RCW 49.48.150.
Sections
49.52.010
Employees’ benefit deductions and employer contributions
are trust funds—Enforcement.
49.52.020 Lien of party rendering service.
49.52.030 Deductions in extrahazardous employment—Medical aid
fund deductions excluded.
49.52.040 Actions to recover for service—Lien—Priority.
49.52.050 Rebates of wages—False records—Penalty.
49.52.060 Authorized withholding.
49.52.070 Civil liability for double damages.
49.52.080 Presumption as to intent.
49.52.090 Rebates of wages on public works—Penalty.
Chattel liens: Chapter 60.08 RCW.
Mechanics’ and materialmen’s liens: Chapter 60.04 RCW.
Mutual savings bank employees, pension, retirement, or health insurance
benefits: RCW 32.04.082.
Public employees, payroll deductions: RCW 41.04.020, 41.04.030,
41.04.035, and 41.04.036.
49.52.010 Employees’ benefit deductions and
employer contributions are trust funds—Enforcement.
All moneys collected by any employer from his or its
employees and all money to be paid by any employer as his
contribution for furnishing, either directly, or through
contract, or arrangement with a hospital association, corporation, firm or individual, of medicine, medical or surgical
treatment, nursing, hospital service, ambulance service,
dental service, burial service, or any or all of the above
enumerated services, or any other necessary service, contingent upon sickness, accident or death, are hereby declared
to be a trust fund for the purposes for which the same are
collected. The trustees (or their administrator, representative,
or agent under direction of the trustees) of such fund are
authorized to take such action as is deemed necessary to
ensure that the employer contributions are made including,
but not limited to filing actions at law, and filing liens
against moneys due to the employer from the performance
of labor or furnishing of materials to which the employees
contributed their services. Such trust fund is subject to the
provisions of *chapter 48.52 RCW. [1975 c 34 § 1; 1927 c
307 § 1; RRS § 7614-1.]
*Reviser’s note: Chapter 48.52 RCW was repealed by 1979 ex.s. c
34 § 1.
49.52.020 Lien of party rendering service. In case
any employer collecting moneys from his employees or
making contributions to any type of benefit plan for any or
all of the purposes specified in RCW 49.52.010, shall enter
into a contract or arrangement with any hospital association,
corporation, firm or individual, to furnish any such service
to its employees, the association, corporation, firm or
individual contracting to furnish such services, shall have a
lien upon such trust fund prior to all other liens except taxes.
The lien hereby created shall attach from the date of the
arrangement or contract to furnish such services and may be
(2002 Ed.)
Wages—Deductions—Contributions—Rebates
foreclosed in the manner provided by law for the foreclosure
of other liens on personal property. [1975 c 34 § 2; 1927 c
307 § 2; RRS § 7614-2.]
49.52.030 Deductions in extrahazardous employment—Medical aid fund deductions excluded. All
moneys realized by any employer from the employer’s
employees either by collection or by deduction from the
wages or pay of employees intended or to be used for the
furnishing to workers engaged in extrahazardous work, their
families or dependents, of medical, surgical or hospital care
and treatment, or for nursing, ambulance service, burial or
any or all of the above enumerated services, or any service
incidental to or furnished or rendered because of sickness,
disease, accident or death, and all moneys owing by any
employer therefor, shall be and remain a fund for the
purposes for which such moneys are intended to be used,
and shall not constitute or become any part of the assets of
the employer making such collections or deductions:
PROVIDED, HOWEVER, That RCW 49.52.030 and
49.52.040 shall not apply to moneys collected or deducted as
aforesaid for, or owing by employers to the state medical aid
fund. Such moneys shall be paid over promptly to the
physician or surgeon or hospital association or other parties
to which such moneys are due and for the purposes for
which such collections or deductions were made. [1989 c 12
§ 16; 1929 c 136 § 1; RRS § 7713-1.]
49.52.040 Actions to recover for service—Lien—
Priority. If any such employer shall default in any such
payment to any physician, surgeon, hospital, hospital association or any other parties to whom any such payment is due,
the sum so due may be collected by an action at law in the
name of the physician, surgeon, hospital, hospital association
or any other party to whom such payment is owing, or their
assigns and against such defaulting employer, and in addition
to such action, such claims shall have the same priority and
lien rights as granted to the state for claims due the accident
and medical aid funds by section 7682 of Remington’s
Compiled Statutes of Washington, 1922 [RCW 51.16.150
through 51.16.170], and acts amendatory thereto, which
priority and lien rights shall be enforced in the same manner
and under the same conditions as provided in said section
7682 [RCW 51.16.150 through 51.16.170]: PROVIDED,
HOWEVER, That the said claims for physicians, surgeons,
hospitals and hospital associations and others shall be
secondary and inferior to any claims of the state and to any
claims for labor. Such right of action shall be in addition to
any other right of action or remedy. [1929 c 136 § 2; RRS
§ 7713-2.]
49.52.050 Rebates of wages—False records—
Penalty. Any employer or officer, vice principal or agent of
any employer, whether said employer be in private business
or an elected public official, who
(1) Shall collect or receive from any employee a rebate
of any part of wages theretofore paid by such employer to
such employee; or
(2) Wilfully and with intent to deprive the employee of
any part of his wages, shall pay any employee a lower wage
(2002 Ed.)
49.52.020
than the wage such employer is obligated to pay such
employee by any statute, ordinance, or contract; or
(3) Shall wilfully make or cause another to make any
false entry in any employer’s books or records purporting to
show the payment of more wages to an employee than such
employee received; or
(4) Being an employer or a person charged with the
duty of keeping any employer’s books or records shall
wilfully fail or cause another to fail to show openly and
clearly in due course in such employer’s books and records
any rebate of or deduction from any employee’s wages; or
(5) Shall wilfully receive or accept from any employee
any false receipt for wages;
Shall be guilty of a misdemeanor. [1941 c 72 § 1; 1939
c 195 § 1; Rem. Supp. 1941 § 7612-21.]
Severability—1939 c 195: "If any section, subsection, sentence or
clause of this act shall be adjudged unconstitutional, such adjudication shall
not affect the validity of the act as a whole or of any section, subsection,
sentence or clause thereof not adjudged unconstitutional." [1939 c 195 § 5;
RRS § 7612-25.] This applies to RCW 49.52.050 through 49.52.080.
49.52.060 Authorized withholding. The provisions
of RCW 49.52.050 shall not make it unlawful for an
employer to withhold or divert any portion of an employee’s
wages when required or empowered so to do by state or
federal law or when a deduction has been expressly authorized in writing in advance by the employee for a lawful
purpose accruing to the benefit of such employee nor shall
the provisions of RCW 49.52.050 make it unlawful for an
employer to withhold deductions for medical, surgical, or
hospital care or service, pursuant to any rule or regulation:
PROVIDED, That the employer derives no financial benefit
from such deduction and the same is openly, clearly and in
due course recorded in the employer’s books. [1939 c 195
§ 2; RRS § 7612-22.]
Penalty for coercion as to purchase of goods, meals, etc.: RCW 49.48.020.
Public employment, payroll deductions: RCW 41.04.020, 41.04.030,
41.04.035, and 41.04.036.
Wages to be paid in lawful money or negotiable order, penalty: RCW
49.48.010.
49.52.070 Civil liability for double damages. Any
employer and any officer, vice principal or agent of any
employer who shall violate any of the provisions of subdivisions (1) and (2) of RCW 49.52.050 shall be liable in a civil
action by the aggrieved employee or his assignee to judgment for twice the amount of the wages unlawfully rebated
or withheld by way of exemplary damages, together with
costs of suit and a reasonable sum for attorney’s fees:
PROVIDED, HOWEVER, That the benefits of this section
shall not be available to any employee who has knowingly
submitted to such violations. [1939 c 195 § 3; RRS § 761223.]
49.52.080 Presumption as to intent. The violations
by an employer or any officer, vice principal, or agent of
any employer of any of the provisions of subdivisions (3),
(4), and (5) of RCW 49.52.050 shall raise a presumption that
any deduction from or underpayment of any employee’s
wages connected with such violation was wilful. [1939 c
195 § 4; RRS § 7612-24.]
[Title 49 RCW—page 57]
49.52.090
Title 49 RCW: Labor Regulations
49.52.090 Rebates of wages on public works—
Penalty. Every person, whether as a representative of an
awarding or public body or officer, or as a contractor or
subcontractor doing public work, or agent or officer thereof,
who takes or receives, or conspires with another to take or
receive, for his own use or the use of any other person
acting with him any part or portion of the wages paid to any
laborer, workman or mechanic, including a piece worker and
working subcontractor, in connection with services rendered
upon any public work within this state, whether such work
is done directly for the state, or public body or officer
thereof, or county, city and county, city, town, township,
district or other political subdivision of the said state or for
any contractor or subcontractor engaged in such public work
for such an awarding or public body or officer, shall be
guilty of a gross misdemeanor. [1935 c 29 § 1; RRS §
10320-1.]
Prevailing wages must be paid on public works: RCW 39.12.020.
Chapter 49.56
WAGES—PRIORITIES—PREFERENCES
Sections
49.56.010 Priority of wages in insolvency.
49.56.020 Preference on death of employer.
49.56.030 Priority in executions, attachments, etc.
49.56.040 Labor claims paramount to claims by state agencies.
Chattel liens: Chapter 60.08 RCW.
Mechanics’ and materialmen’s liens: Chapter 60.04 RCW.
49.56.010 Priority of wages in insolvency. In all
assignments of property made by any person to trustees or
assignees on account of the inability of the person at the
time of the assignment to pay his debts, or in proceedings in
insolvency, the wages of the miners, mechanics, salesmen,
servants, clerks or laborers employed by such persons to the
amount of one hundred dollars, each, and for services
rendered within sixty days previously, are preferred claims,
and must be paid by such trustees or assignees before any
other creditor or creditors of the assignor. [Code 1881 §
1972; 1877 p 223 § 34; RRS § 1204.]
Construction—1877 p 224: "In construing the provisions of this act,
words used in the masculine gender include the feminine and neuter, the
singular number includes the plural and the plural the singular; the word
person includes a corporation as well as a natural person, and the word
writing includes printing." [1877 p 224 § 37.]
Construction—1877 p 224: "This act establishes the law of this
territory respecting the subject to which it relates and its provisions and all
proceedings under it are to be liberally construed with a view to effect its
object." [1877 p 224 § 39.]
Repeal and saving—1877 p 224: "All acts relating to any kind or
class of liens provided for in this act are hereby repealed, but no action or
proceeding commenced before this act takes effect, and no right accrued is
affected by such repeal but the proceedings therein must conform to the
requirements of this act as far as applicable." [1877 p 224 § 38.]
Effective date—1877 p 224: "This act shall take effect and be in
force from and after its passage and the approval thereof by the governor."
(Approved, November 8th, 1877.) [1877 p 224 § 40.]
49.56.020 Preference on death of employer. In case
of the death of any employer, the wages of each miner,
mechanic, salesman, clerk, servant and laborer for services
rendered within sixty days next preceding the death of the
[Title 49 RCW—page 58]
employer, not exceeding one hundred dollars, rank in priority
next after the funeral expenses, expenses of the last sickness,
the charges and expenses of administering upon the estate
and the allowance to the widow and infant children, and
must be paid before other claims against the estate of the
deceased person. [Code 1881 § 1973; 1877 p 223 § 35;
RRS § 1205.]
49.56.030 Priority in executions, attachments, etc.
In cases of executions, attachments and writs of similar
nature issued against any person, except for claims for labor
done, any miners, mechanics, salesmen, servants, clerks and
laborers who have claims against the defendant for labor
done, may give notice of their claims and the amount
thereof, sworn to by the person making the claim to the
creditor and the officer executing either of such writs at any
time before the actual sale of property levied on, and unless
such claim is disputed by the debtor or a creditor, such
officer must pay to such person out of the proceeds of the
sale, the amount each is entitled to receive for services
rendered within sixty days next preceding the levy of the
writ, not exceeding one hundred dollars. If any or all the
claims so presented and claiming preference under this
chapter, are disputed by either the debtor or a creditor, the
person presenting the same must commence an action within
ten days from the recovery thereof, and must prosecute his
action with due diligence, or be forever barred from any
claim of priority of payment thereof; and the officer shall
retain possession of so much of the proceeds of the sale as
may be necessary to satisfy such claim, until the determination of such action; and in case judgment be had for the
claim or any part thereof, carrying costs, the costs taxable
therein shall likewise be a preferred claim with the same
rank as the original claim. [Code 1881 § 1974; 1877 p 223
§ 36; RRS § 1206.]
49.56.040 Labor claims paramount to claims by
state agencies. In distraint or insolvency proceedings
affecting the assets of an employer, claims for labor, salaries
or wages not to exceed six hundred dollars to each claimant
which have been earned within three months before the date
of the distraint or commencement of the proceeding shall be
paramount and superior to any claim preferred or presented
by an agency of the state: PROVIDED, That this section
shall not apply to any compensation payable to an employer
or to an officer, director, or stockholder of a corporate
employer. [1967 ex.s. c 86 § 1.]
Chapter 49.60
DISCRIMINATION—HUMAN
RIGHTS COMMISSION
Sections
49.60.010
49.60.020
49.60.030
49.60.040
49.60.050
49.60.051
49.60.060
Purpose of chapter.
Construction of chapter—Election of other remedies.
Freedom from discrimination—Declaration of civil rights.
Definitions.
Commission created.
Board name changed to Washington State Human Rights
Commission.
Membership of commission.
(2002 Ed.)
Discrimination—Human Rights Commission
49.60.070
Compensation and reimbursement for travel expenses of
commission members.
49.60.080 Official seal.
49.60.090 Offices of commission.
49.60.100 Reports of commission.
49.60.110 Commission to formulate policies.
49.60.120 Certain powers and duties of commission.
49.60.130 May create advisory agencies and conciliation councils.
49.60.140 Commission may hold hearings and subpoena witnesses.
49.60.150 Witnesses compelled to testify.
49.60.160 Refusals may be punished as contempt of court.
49.60.170 Witness fees—Deposition fees.
49.60.172 Unfair practices with respect to HIV infection.
49.60.174 Evaluation of claim of discrimination—Actual or perceived
HIV infection.
49.60.175 Unfair practices of financial institutions.
49.60.176 Unfair practices with respect to credit transactions.
49.60.178 Unfair practices with respect to insurance transactions.
49.60.180 Unfair practices of employers.
49.60.190 Unfair practices of labor unions.
49.60.200 Unfair practices of employment agencies.
49.60.205 Age discrimination—Limitation.
49.60.210 Unfair practices—Discrimination against person opposing
unfair practice—Retaliation against whistleblower.
49.60.215 Unfair practices of places of public resort, accommodation,
assemblage, amusement.
49.60.220 Unfair practice to aid violation.
49.60.222 Unfair practices with respect to real estate transactions, facilities, or services.
49.60.223 Unfair practice to induce sale or rental of real property by
representations regarding entry into neighborhood of
persons of particular race, disability, etc.
49.60.2235 Unfair practice to coerce, intimidate, threaten, or interfere
regarding secured real estate transaction rights.
49.60.224 Real property contract provisions restricting conveyance,
encumbrance, occupancy, or use to persons of particular
race, disability, etc., void—Unfair practice.
49.60.225 Relief for unfair practice in real estate transaction—
Damages—Penalty.
49.60.226 Cooperative agreements between units of government for
processing complaints.
49.60.227 Declaratory judgment action to strike discriminatory provision of real property contract.
49.60.230 Complaint may be filed with commission.
49.60.240 Complaint investigated—Conference, conciliation—
Agreement, findings—Rules.
49.60.250 Hearing of complaint by administrative law judge—
Limitation of relief—Penalties—Order.
49.60.260 Enforcement of orders of administrative law judge—
Appellate review of court order.
49.60.270 Appeal from orders of administrative law judge.
49.60.280 Court shall expeditiously hear and determine.
49.60.310 Misdemeanor to interfere with or resist commission.
49.60.320 Governor may act on orders against state or political subdivisions.
49.60.330 First class cities of over one hundred twenty-five thousand
population—Administrative remedies authorized—
Superior court jurisdiction.
49.60.340 Election for civil action in lieu of hearing—Relief.
49.60.350 Temporary or preliminary relief—Superior court jurisdiction—Petition of commission.
49.60.360 Refueling services for disabled drivers—Violation—
Investigation—Intentional display of plate or placard
invalid or not legally issued prohibited—Fine—Notice
to disabled persons.
49.60.370 Liability for killing or injuring dog guide or service animal—Penalty in addition to other remedies or penalties—Recovery of attorneys’ fees and costs—No duty to
investigate.
49.60.380 License waiver for dog guide and service animals.
49.60.390 Rule-making authority—Deadline—1997 c 271.
49.60.400 Discrimination, preferential treatment prohibited.
49.60.401 Short title—1999 c 3.
(2002 Ed.)
Chapter 49.60
Annual report on programs to reduce racial disproportionality: RCW
13.06.050.
Application forms—Licenses—Mention of race or religion prohibited: RCW
43.01.100, 43.01.110.
Denial of civil rights: RCW 9.91.010.
Dog guide or service animal, interfering with: RCW 9.91.170.
Handicapped persons, discrimination in public employment prohibited:
RCW 70.84.080.
Gender equality in higher education: Chapter 28B.110 RCW.
Interschool athletic and other extracurricular activities for students,
discrimination prohibited: RCW 28A.600.200.
Malicious harassment because of a person’s race, color, religion, ancestry,
or national origin—Criminal penalty—Civil cause of action: RCW
9A.36.080.
Militia, organized, discrimination prohibited: RCW 38.40.110.
Sexual equality: State Constitution Art. 31 §§ 1, 2 (Amendment 61).
Sexual equality mandated for public schools: Chapter 28A.640 RCW.
Unfit buildings, discrimination prohibited: RCW 35.80.040.
49.60.010 Purpose of chapter. This chapter shall be
known as the "law against discrimination". It is an exercise
of the police power of the state for the protection of the
public welfare, health, and peace of the people of this state,
and in fulfillment of the provisions of the Constitution of
this state concerning civil rights. The legislature hereby
finds and declares that practices of discrimination against
any of its inhabitants because of race, creed, color, national
origin, families with children, sex, marital status, age, or the
presence of any sensory, mental, or physical disability or the
use of a trained dog guide or service animal by a disabled
person are a matter of state concern, that such discrimination
threatens not only the rights and proper privileges of its
inhabitants but menaces the institutions and foundation of a
free democratic state. A state agency is herein created with
powers with respect to elimination and prevention of
discrimination in employment, in credit and insurance
transactions, in places of public resort, accommodation, or
amusement, and in real property transactions because of race,
creed, color, national origin, families with children, sex,
marital status, age, or the presence of any sensory, mental,
or physical disability or the use of a trained dog guide or
service animal by a disabled person; and the commission
established hereunder is hereby given general jurisdiction
and power for such purposes. [1997 c 271 § 1; 1995 c 259
§ 1; 1993 c 510 § 1; 1985 c 185 § 1; 1973 1st ex.s. c 214 §
1; 1973 c 141 § 1; 1969 ex.s. c 167 § 1; 1957 c 37 § 1;
1949 c 183 § 1; Rem. Supp. 1949 § 7614-20.]
Effective date—1995 c 259: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 259 § 7.]
Severability—1993 c 510: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 510 § 26.]
Severability—1969 ex.s. c 167: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 ex.s. c 167 § 10.]
Severability—1957 c 37: "If any provision of this act or the
application of such provision to any person or circumstance shall be held
invalid, the remainder of such act or the application of such provision to
persons or circumstances other than those to which it is held invalid shall
not be affected thereby." [1957 c 37 § 27.]
[Title 49 RCW—page 59]
49.60.010
Title 49 RCW: Labor Regulations
Severability—1949 c 183: "If any provision of this act or the
application of such provision to any person or circumstance shall be held
invalid, the remainder of such act or the application of such provision to
persons or circumstances other than those to which it is held invalid shall
not be affected thereby." [1949 c 183 § 13.]
Community renewal law—Discrimination prohibited: RCW 35.81.170.
49.60.020 Construction of chapter—Election of
other remedies. The provisions of this chapter shall be
construed liberally for the accomplishment of the purposes
thereof. Nothing contained in this chapter shall be deemed
to repeal any of the provisions of any other law of this state
relating to discrimination because of race, color, creed,
national origin, sex, marital status, age, or the presence of
any sensory, mental, or physical disability, other than a law
which purports to require or permit doing any act which is
an unfair practice under this chapter. Nor shall anything
herein contained be construed to deny the right to any person
to institute any action or pursue any civil or criminal remedy
based upon an alleged violation of his or her civil rights.
[1993 c 510 § 2; 1973 1st ex.s. c 214 § 2; 1973 c 141 § 2;
1957 c 37 § 2; 1949 c 183 § 12; Rem. Supp. 1949 § 761430.]
Severability—1993 c 510: See note following RCW 49.60.010.
49.60.030 Freedom from discrimination—
Declaration of civil rights. (1) The right to be free from
discrimination because of race, creed, color, national origin,
sex, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by
a disabled person is recognized as and declared to be a civil
right. This right shall include, but not be limited to:
(a) The right to obtain and hold employment without
discrimination;
(b) The right to the full enjoyment of any of the
accommodations, advantages, facilities, or privileges of any
place of public resort, accommodation, assemblage, or
amusement;
(c) The right to engage in real estate transactions
without discrimination, including discrimination against
families with children;
(d) The right to engage in credit transactions without
discrimination;
(e) The right to engage in insurance transactions or
transactions with health maintenance organizations without
discrimination: PROVIDED, That a practice which is not
unlawful under RCW 48.30.300, 48.44.220, or 48.46.370
does not constitute an unfair practice for the purposes of this
subparagraph; and
(f) The right to engage in commerce free from any
discriminatory boycotts or blacklists. Discriminatory
boycotts or blacklists for purposes of this section shall be
defined as the formation or execution of any express or
implied agreement, understanding, policy or contractual
arrangement for economic benefit between any persons
which is not specifically authorized by the laws of the
United States and which is required or imposed, either
directly or indirectly, overtly or covertly, by a foreign
government or foreign person in order to restrict, condition,
prohibit, or interfere with or in order to exclude any person
or persons from any business relationship on the basis of
race, color, creed, religion, sex, the presence of any sensory,
[Title 49 RCW—page 60]
mental, or physical disability, or the use of a trained dog
guide or service animal by a disabled person, or national
origin or lawful business relationship: PROVIDED HOWEVER, That nothing herein contained shall prohibit the use
of boycotts as authorized by law pertaining to labor disputes
and unfair labor practices.
(2) Any person deeming himself or herself injured by
any act in violation of this chapter shall have a civil action
in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the
person, or both, together with the cost of suit including
reasonable attorneys’ fees or any other appropriate remedy
authorized by this chapter or the United States Civil Rights
Act of 1964 as amended, or the Federal Fair Housing
Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.).
(3) Except for any unfair practice committed by an
employer against an employee or a prospective employee, or
any unfair practice in a real estate transaction which is the
basis for relief specified in the amendments to RCW
49.60.225 contained in chapter 69, Laws of 1993, any unfair
practice prohibited by this chapter which is committed in the
course of trade or commerce as defined in the Consumer
Protection Act, chapter 19.86 RCW, is, for the purpose of
applying that chapter, a matter affecting the public interest,
is not reasonable in relation to the development and preservation of business, and is an unfair or deceptive act in trade
or commerce. [1997 c 271 § 2; 1995 c 135 § 3. Prior:
1993 c 510 § 3; 1993 c 69 § 1; 1984 c 32 § 2; 1979 c 127
§ 2; 1977 ex.s. c 192 § 1; 1974 ex.s. c 32 § 1; 1973 1st ex.s.
c 214 § 3; 1973 c 141 § 3; 1969 ex.s. c 167 § 2; 1957 c 37
§ 3; 1949 c 183 § 2; Rem. Supp. 1949 § 7614-21.]
Intent—1995 c 135: See note following RCW 29.04.160.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 69 § 17.]
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
Severability—1957 c 37: See note following RCW 49.60.010.
Severability—1949 c 183: See note following RCW 49.60.010.
49.60.040 Definitions. As used in this chapter:
(1) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives,
legal representatives, trustees and receivers, or any group of
persons; it includes any owner, lessee, proprietor, manager,
agent, or employee, whether one or more natural persons;
and further includes any political or civil subdivisions of the
state and any agency or instrumentality of the state or of any
political or civil subdivision thereof;
(2) "Commission" means the Washington state human
rights commission;
(3) "Employer" includes any person acting in the interest
of an employer, directly or indirectly, who employs eight or
more persons, and does not include any religious or sectarian
organization not organized for private profit;
(4) "Employee" does not include any individual employed by his or her parents, spouse, or child, or in the
domestic service of any person;
(5) "Labor organization" includes any organization
which exists for the purpose, in whole or in part, of dealing
with employers concerning grievances or terms or conditions
(2002 Ed.)
Discrimination—Human Rights Commission
of employment, or for other mutual aid or protection in
connection with employment;
(6) "Employment agency" includes any person undertaking with or without compensation to recruit, procure, refer,
or place employees for an employer;
(7) "Marital status" means the legal status of being
married, single, separated, divorced, or widowed;
(8) "National origin" includes "ancestry";
(9) "Full enjoyment of" includes the right to purchase
any service, commodity, or article of personal property
offered or sold on, or by, any establishment to the public,
and the admission of any person to accommodations,
advantages, facilities, or privileges of any place of public
resort, accommodation, assemblage, or amusement, without
acts directly or indirectly causing persons of any particular
race, creed, color, sex, national origin, or with any sensory,
mental, or physical disability, or the use of a trained dog
guide or service animal by a disabled person, to be treated
as not welcome, accepted, desired, or solicited;
(10) "Any place of public resort, accommodation,
assemblage, or amusement" includes, but is not limited to,
any place, licensed or unlicensed, kept for gain, hire, or
reward, or where charges are made for admission, service,
occupancy, or use of any property or facilities, whether
conducted for the entertainment, housing, or lodging of
transient guests, or for the benefit, use, or accommodation of
those seeking health, recreation, or rest, or for the burial or
other disposition of human remains, or for the sale of goods,
merchandise, services, or personal property, or for the
rendering of personal services, or for public conveyance or
transportation on land, water, or in the air, including the
stations and terminals thereof and the garaging of vehicles,
or where food or beverages of any kind are sold for consumption on the premises, or where public amusement,
entertainment, sports, or recreation of any kind is offered
with or without charge, or where medical service or care is
made available, or where the public gathers, congregates, or
assembles for amusement, recreation, or public purposes, or
public halls, public elevators, and public washrooms of
buildings and structures occupied by two or more tenants, or
by the owner and one or more tenants, or any public library
or educational institution, or schools of special instruction,
or nursery schools, or day care centers or children’s camps:
PROVIDED, That nothing contained in this definition shall
be construed to include or apply to any institute, bona fide
club, or place of accommodation, which is by its nature
distinctly private, including fraternal organizations, though
where public use is permitted that use shall be covered by
this chapter; nor shall anything contained in this definition
apply to any educational facility, columbarium, crematory,
mausoleum, or cemetery operated or maintained by a bona
fide religious or sectarian institution;
(11) "Real property" includes buildings, structures,
dwellings, real estate, lands, tenements, leaseholds, interests
in real estate cooperatives, condominiums, and
hereditaments, corporeal and incorporeal, or any interest
therein;
(12) "Real estate transaction" includes the sale, appraisal, brokering, exchange, purchase, rental, or lease of real
property, transacting or applying for a real estate loan, or the
provision of brokerage services;
(2002 Ed.)
49.60.040
(13) "Dwelling" means any building, structure, or
portion thereof that is occupied as, or designed or intended
for occupancy as, a residence by one or more families, and
any vacant land that is offered for sale or lease for the
construction or location thereon of any such building,
structure, or portion thereof;
(14) "Sex" means gender;
(15) "Aggrieved person" means any person who: (a)
Claims to have been injured by an unfair practice in a real
estate transaction; or (b) believes that he or she will be
injured by an unfair practice in a real estate transaction that
is about to occur;
(16) "Complainant" means the person who files a
complaint in a real estate transaction;
(17) "Respondent" means any person accused in a
complaint or amended complaint of an unfair practice in a
real estate transaction;
(18) "Credit transaction" includes any open or closed
end credit transaction, whether in the nature of a loan, retail
installment transaction, credit card issue or charge, or
otherwise, and whether for personal or for business purposes,
in which a service, finance, or interest charge is imposed, or
which provides for repayment in scheduled payments, when
such credit is extended in the regular course of any trade or
commerce, including but not limited to transactions by
banks, savings and loan associations or other financial
lending institutions of whatever nature, stock brokers, or by
a merchant or mercantile establishment which as part of its
ordinary business permits or provides that payment for
purchases of property or service therefrom may be deferred;
(19) "Families with children status" means one or more
individuals who have not attained the age of eighteen years
being domiciled with a parent or another person having legal
custody of such individual or individuals, or with the
designee of such parent or other person having such legal
custody, with the written permission of such parent or other
person. Families with children status also applies to any
person who is pregnant or is in the process of securing legal
custody of any individual who has not attained the age of
eighteen years;
(20) "Covered multifamily dwelling" means: (a)
Buildings consisting of four or more dwelling units if such
buildings have one or more elevators; and (b) ground floor
dwelling units in other buildings consisting of four or more
dwelling units;
(21) "Premises" means the interior or exterior spaces,
parts, components, or elements of a building, including
individual dwelling units and the public and common use
areas of a building;
(22) "Dog guide" means a dog that is trained for the
purpose of guiding blind persons or a dog that is trained for
the purpose of assisting hearing impaired persons;
(23) "Service animal" means an animal that is trained
for the purpose of assisting or accommodating a disabled
person’s sensory, mental, or physical disability. [1997 c 271
§ 3; 1995 c 259 § 2. Prior: 1993 c 510 § 4; 1993 c 69 § 3;
prior: 1985 c 203 § 2; 1985 c 185 § 2; 1979 c 127 § 3;
1973 c 141 § 4; 1969 ex.s. c 167 § 3; 1961 c 103 § 1; 1957
c 37 § 4; 1949 c 183 § 3; Rem. Supp. 1949 § 7614-22.]
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 510: See note following RCW 49.60.010.
[Title 49 RCW—page 61]
49.60.040
Title 49 RCW: Labor Regulations
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
Construction—1961 c 103: "Nothing herein shall be construed to
render any person or corporation liable for breach of preexisting contracts
by reason of compliance by such person or corporation with this act."
[1961 c 103 § 4.]
Severability—1957 c 37: See note following RCW 49.60.010.
Severability—1949 c 183: See note following RCW 49.60.010.
49.60.050 Commission created. There is created the
"Washington state human rights commission," which shall be
composed of five members to be appointed by the governor
with the advice and consent of the senate, one of whom shall
be designated as chairperson by the governor. [1985 c 185
§ 3; 1981 c 338 § 9; 1957 c 37 § 5; 1955 c 270 § 2. Prior:
1949 c 183 § 4, part; Rem. Supp. 1949 § 7614-23, part.]
49.60.051 Board name changed to Washington State
Human Rights Commission. From and after August 9,
1971 the "Washington State Board Against Discrimination"
shall be known and designated as the "Washington State
Human Rights Commission". [1971 ex.s. c 52 § 2.]
49.60.060 Membership of commission. One of the
original members of the commission shall be appointed for
a term of one year, one for a term of two years, one for a
term of three years, one for a term of four years, one for a
term of five years, but their successors shall be appointed for
terms of five years each, except that any individual chosen
to fill a vacancy shall be appointed only for the unexpired
term of the member whom the individual succeeds.
A member shall be eligible for reappointment.
A vacancy in the commission shall be filled within
thirty days, the remaining members to exercise all powers of
the commission.
Any member of the commission may be removed by the
governor for inefficiency, neglect of duty, misconduct or
malfeasance in office, after being given a written statement
of the charges and an opportunity to be heard thereon.
[1985 c 185 § 4; 1955 c 270 § 3. Prior: 1949 c 183 § 4,
part; Rem. Supp. 1949 § 7614-23, part.]
49.60.070 Compensation and reimbursement for
travel expenses of commission members. Each member of
the commission shall be compensated in accordance with
RCW 43.03.250 and, while in session or on official business,
shall receive reimbursement for travel expenses incurred
during such time in accordance with RCW 43.03.050 and
43.03.060. [1985 c 185 § 5; 1984 c 287 § 98; 1975-’76 2nd
ex.s. c 34 § 145; 1955 c 270 § 4. Prior: 1949 c 183 § 4,
part; Rem. Supp. 1949 § 7614-23, part.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
49.60.080 Official seal. The commission shall adopt
an official seal, which shall be judicially noticed. [1985 c
185 § 6; 1955 c 270 § 5. Prior: (i) 1949 c 183 § 4, part;
Rem. Supp. 1949 § 7614-23, part. (ii) 1949 c 183 § 6, part;
Rem. Supp. 1949 § 7614-25, part.]
[Title 49 RCW—page 62]
49.60.090 Offices of commission. The principal
office of the commission shall be in the city of Olympia, but
it may meet and exercise any or all of its powers at any
other place in the state, and may establish such district
offices as it deems necessary. [1985 c 185 § 7; 1957 c 37
§ 6; 1955 c 270 § 6. Prior: (i) 1949 c 183 § 4, part; Rem.
Supp. 1949 § 7614-23, part. (ii) 1949 c 183 § 6, part; Rem.
Supp. 1949 § 7614-25, part.]
49.60.100 Reports of commission. Subject to RCW
40.07.040, the commission, each biennium, shall report to
the governor, describing the investigations, proceedings, and
hearings it has conducted and their outcome, the decisions it
has rendered, the recommendations it has issued, and the
other work performed by it, and shall make such recommendations for further legislation as may appear desirable. The
commission may present its reports to the legislature; the
commission’s reports shall be made available upon request.
[1987 c 505 § 55; 1985 c 185 § 8; 1977 c 75 § 74; 1955 c
270 § 7. Prior: 1949 c 183 § 4, part; Rem. Supp. 1949 §
7614-23, part.]
49.60.110 Commission to formulate policies. The
commission shall formulate policies to effectuate the
purposes of this chapter and may make recommendations to
agencies and officers of the state or local subdivisions of
government in aid of such policies and purposes. [1985 c
185 § 9; 1949 c 183 § 5; Rem. Supp. 1949 § 7614-24.]
49.60.120 Certain powers and duties of commission.
The commission shall have the functions, powers and duties:
(1) To appoint an executive director and chief examiner,
and such investigators, examiners, clerks, and other employees and agents as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe
their duties.
(2) To obtain upon request and utilize the services of all
governmental departments and agencies.
(3) To adopt, promulgate, amend, and rescind suitable
rules and regulations to carry out the provisions of this
chapter, and the policies and practices of the commission in
connection therewith.
(4) To receive, impartially investigate, and pass upon
complaints alleging unfair practices as defined in this
chapter.
(5) To issue such publications and such results of
investigations and research as in its judgment will tend to
promote good will and minimize or eliminate discrimination
because of sex, race, creed, color, national origin, marital
status, age, or the presence of any sensory, mental, or
physical disability, or the use of a trained dog guide or
service animal by a disabled person.
(6) To make such technical studies as are appropriate to
effectuate the purposes and policies of this chapter and to
publish and distribute the reports of such studies.
(7) To cooperate and act jointly or by division of labor
with the United States or other states, with other Washington
state agencies, commissions, and other government entities,
and with political subdivisions of the state of Washington
and their respective human rights agencies to carry out the
purposes of this chapter. However, the powers which may
(2002 Ed.)
Discrimination—Human Rights Commission
be exercised by the commission under this subsection permit
investigations and complaint dispositions only if the investigations are designed to reveal, or the complaint deals only
with, allegations which, if proven, would constitute unfair
practices under this chapter. The commission may perform
such services for these agencies and be reimbursed therefor.
(8) To foster good relations between minority and
majority population groups of the state through seminars,
conferences, educational programs, and other intergroup
relations activities. [1997 c 271 § 4. Prior: 1993 c 510 §
6; 1993 c 69 § 4; 1985 c 185 § 10; 1973 1st ex.s. c 214 § 4;
1973 c 141 § 7; 1971 ex.s. c 81 § 1; 1957 c 37 § 7; 1955 c
270 § 8; prior: 1949 c 183 § 6, part; Rem. Supp. 1949 §
7614-25, part.]
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Effective date—1971 ex.s. c 81: "The effective date of this act shall
be July 1, 1971." [1971 ex.s. c 81 § 6.]
Human rights commission to investigate unlawful use of refueling services
for disabled: RCW 49.60.360.
49.60.130 May create advisory agencies and conciliation councils. The commission has power to create such
advisory agencies and conciliation councils, local, regional,
or statewide, as in its judgment will aid in effectuating the
purposes of this chapter. The commission may empower
them to study the problems of discrimination in all or specific fields of human relationships or in specific instances of
discrimination because of sex, race, creed, color, national
origin, marital status, age, or the presence of any sensory,
mental, or physical disability or the use of a trained dog
guide or service animal by a disabled person; to foster
through community effort or otherwise good will, cooperation, and conciliation among the groups and elements of the
population of the state, and to make recommendations to the
commission for the development of policies and procedures
in general and in specific instances, and for programs of
formal and informal education which the commission may
recommend to the appropriate state agency.
Such advisory agencies and conciliation councils shall
be composed of representative citizens, serving without pay,
but with reimbursement for travel expenses in accordance
with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended, and the commission may make provision for
technical and clerical assistance to such agencies and
councils and for the expenses of such assistance. The
commission may use organizations specifically experienced
in dealing with questions of discrimination. [1997 c 271 §
5; 1993 c 510 § 7; 1985 c 185 § 11; 1975-’76 2nd ex.s. c 34
§ 146; 1973 1st ex.s. c 214 § 5; 1973 c 141 § 8; 1971 ex.s.
c 81 § 2; 1955 c 270 § 9. Prior: 1949 c 183 § 6, part;
Rem. Supp. 1949 § 7614-25, part.]
Severability—1993 c 510: See note following RCW 49.60.010.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Effective date—1971 ex.s. c 81: See note following RCW 49.60.120.
49.60.140 Commission may hold hearings and
subpoena witnesses. The commission has power to hold
hearings, subpoena witnesses, compel their attendance,
administer oaths, take the testimony of any person under
(2002 Ed.)
49.60.120
oath, and in connection therewith, to require the production
for examination of any books or papers relating to any
matter under investigation or in question before the commission. The commission may make rules as to the issuance of
subpoenas by individual members, as to service of complaints, decisions, orders, recommendations and other process
or papers of the commission, its member, agent, or agency,
either personally or by registered mail, return receipt
requested, or by leaving a copy thereof at the principal office
or place of business of the person required to be served.
The return post office receipt, when service is by registered
mail, shall be proof of service of the same. [1985 c 185 §
12; 1955 c 270 § 10. Prior: 1949 c 183 § 6, part; Rem.
Supp. 1949 § 7614-25, part.]
49.60.150 Witnesses compelled to testify. No person
shall be excused from attending and testifying or from
producing records, correspondence, documents or other
evidence in obedience to the subpoena of the commission or
of any individual member, on the ground that the testimony
or evidence required of the person may tend to incriminate
or subject the person to a penalty or forfeiture, but no person
shall be prosecuted or subjected to any penalty or forfeiture
for or on account of any transaction, matter or thing concerning which the person is compelled, after having claimed
the privilege against self-incrimination, to testify or produce
evidence, except that such person so testifying shall not be
exempt from prosecution and punishment for perjury
committed in so testifying. The immunity herein provided
shall extend only to natural persons so compelled to testify.
[1985 c 185 § 13; 1955 c 270 § 11. Prior: 1949 c 183 § 6,
part; Rem. Supp. 1949 § 7614-25, part.]
49.60.160 Refusals may be punished as contempt of
court. In case of contumacy or refusal to obey a subpoena
issued to any person, the superior court of any county within
the jurisdiction of which the investigation, proceeding, or
hearing is carried on or within the jurisdiction of which the
person guilty of contumacy or refusal to obey is found or
resides or transacts business, upon application by the
commission shall have jurisdiction to issue to such person an
order requiring such person to appear before the commission,
its member, agent, or agency, there to produce evidence if so
ordered, or there to give testimony touching the matter under
investigation or in question. Any failure to obey such order
of the court may be punished by the court as a contempt
thereof. [1985 c 185 § 14; 1955 c 270 § 12. Prior: 1949
c 183 § 6, part; Rem. Supp. 1949 § 7614-25, part.]
49.60.170 Witness fees—Deposition fees. Witnesses
before the commission, its member, agent, or agency, shall
be paid the same fees and mileage that are paid witnesses in
the courts of this state. Witnesses whose depositions are
taken and the person taking the same shall be entitled to
same fees as are paid for like services in the courts of the
state. [1985 c 185 § 15; 1955 c 270 § 13. Prior: 1949 c
183 § 6, part; Rem. Supp. 1949 § 7614-25, part.]
Courts of record—Witnesses: Chapter 2.40 RCW.
Discovery and depositions: Title 5 RCW; see also Rules of Court, CR 26
through 37.
[Title 49 RCW—page 63]
49.60.172
Title 49 RCW: Labor Regulations
49.60.172 Unfair practices with respect to HIV
infection. (1) No person may require an individual to take
an HIV test, as defined in chapter 70.24 RCW, as a condition of hiring, promotion, or continued employment unless
the absence of HIV infection is a bona fide occupational
qualification for the job in question.
(2) No person may discharge or fail or refuse to hire
any individual, or segregate or classify any individual in any
way which would deprive or tend to deprive that individual
of employment opportunities or adversely affect his or her
status as an employee, or otherwise discriminate against any
individual with respect to compensation, terms, conditions,
or privileges of employment on the basis of the results of an
HIV test unless the absence of HIV infection is a bona fide
occupational qualification of the job in question.
(3) The absence of HIV infection as a bona fide
occupational qualification exists when performance of a
particular job can be shown to present a significant risk, as
defined by the board of health by rule, of transmitting HIV
infection to other persons, and there exists no means of
eliminating the risk by restructuring the job.
(4) For the purpose of this chapter, any person who is
actually infected with HIV, but is not disabled as a result of
the infection, shall not be eligible for any benefits under the
affirmative action provisions of chapter 49.74 RCW solely
on the basis of such infection.
(5) Employers are immune from civil action for damages arising out of transmission of HIV to employees or to
members of the public unless such transmission occurs as a
result of the employer’s gross negligence. [1988 c 206 §
903.]
Severability—1988 c 206: See RCW 70.24.900.
use of a trained dog guide or service animal by a disabled
person, concerning an application for credit in any credit
transaction to determine the credit worthiness of an applicant. [1997 c 271 § 7; 1993 c 510 § 9; 1979 c 127 § 4;
1977 ex.s. c 301 § 14; 1973 c 141 § 9; 1959 c 68 § 1.]
Severability—1993 c 510: See note following RCW 49.60.010.
Fairness in lending act: RCW 30.04.500 through 30.04.515.
49.60.176 Unfair practices with respect to credit
transactions. (1) It is an unfair practice for any person
whether acting for himself, herself, or another in connection
with any credit transaction because of race, creed, color,
national origin, sex, marital status, or the presence of any
sensory, mental, or physical disability or the use of a trained
dog guide or service animal by a disabled person:
(a) To deny credit to any person;
(b) To increase the charges or fees for or collateral
required to secure any credit extended to any person;
(c) To restrict the amount or use of credit extended or
to impose different terms or conditions with respect to the
credit extended to any person or any item or service related
thereto;
(d) To attempt to do any of the unfair practices defined
in this section.
(2) Nothing in this section shall prohibit any party to a
credit transaction from considering the credit history of any
individual applicant.
(3) Further, nothing in this section shall prohibit any
party to a credit transaction from considering the application
of the community property law to the individual case or
from taking reasonable action thereon. [1997 c 271 § 8;
1993 c 510 § 10; 1979 c 127 § 5; 1973 c 141 § 5.]
Severability—1993 c 510: See note following RCW 49.60.010.
49.60.174 Evaluation of claim of discrimination—
Actual or perceived HIV infection. (1) For the purposes
of determining whether an unfair practice under this chapter
has occurred, claims of discrimination based on actual or
perceived HIV infection shall be evaluated in the same
manner as other claims of discrimination based on sensory,
mental, or physical disability; or the use of a trained dog
guide or service animal by a disabled person.
(2) Subsection (1) of this section shall not apply to
transactions with insurance entities, health service contractors, or health maintenance organizations subject to RCW
49.60.030(1)(e) or 49.60.178 to prohibit fair discrimination
on the basis of actual HIV infection status when bona fide
statistical differences in risk or exposure have been substantiated.
(3) For the purposes of this chapter, "HIV" means the
human immunodeficiency virus, and includes all HIV and
HIV-related viruses which damage the cellular branch of the
human immune system and leave the infected person
immunodeficient. [1997 c 271 § 6; 1993 c 510 § 8; 1988 c
206 § 902.]
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1988 c 206: See RCW 70.24.900.
49.60.175 Unfair practices of financial institutions.
It shall be an unfair practice to use the sex, race, creed,
color, national origin, marital status, or the presence of any
sensory, mental, or physical disability of any person, or the
[Title 49 RCW—page 64]
49.60.178 Unfair practices with respect to insurance
transactions. It is an unfair practice for any person whether
acting for himself, herself, or another in connection with an
insurance transaction or transaction with a health maintenance organization to cancel or fail or refuse to issue or
renew insurance or a health maintenance agreement to any
person because of sex, marital status, race, creed, color,
national origin, or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide or
service animal by a disabled person: PROVIDED, That a
practice which is not unlawful under RCW 48.30.300,
48.44.220, or 48.46.370 does not constitute an unfair practice
for the purposes of this section. For the purposes of this
section, "insurance transaction" is defined in RCW
48.01.060, health maintenance agreement is defined in RCW
48.46.020, and "health maintenance organization" is defined
in RCW 48.46.020.
The fact that such unfair practice may also be a violation of chapter 48.30, 48.44, or 48.46 RCW does not
constitute a defense to an action brought under this section.
The insurance commissioner, under RCW 48.30.300,
and the human rights commission, under chapter 49.60
RCW, shall have concurrent jurisdiction under this section
and shall enter into a working agreement as to procedure to
be followed in complaints under this section. [1997 c 271
§ 9; 1993 c 510 § 11; 1984 c 32 § 1; 1979 c 127 § 6; 1974
ex.s. c 32 § 2; 1973 c 141 § 6.]
(2002 Ed.)
Discrimination—Human Rights Commission
Severability—1993 c 510: See note following RCW 49.60.010.
49.60.180 Unfair practices of employers. It is an
unfair practice for any employer:
(1) To refuse to hire any person because of age, sex,
marital status, race, creed, color, national origin, or the
presence of any sensory, mental, or physical disability or the
use of a trained dog guide or service animal by a disabled
person, unless based upon a bona fide occupational qualification: PROVIDED, That the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved.
(2) To discharge or bar any person from employment
because of age, sex, marital status, race, creed, color,
national origin, or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide or service animal by a disabled person.
(3) To discriminate against any person in compensation
or in other terms or conditions of employment because of
age, sex, marital status, race, creed, color, national origin, or
the presence of any sensory, mental, or physical disability or
the use of a trained dog guide or service animal by a disabled person: PROVIDED, That it shall not be an unfair
practice for an employer to segregate washrooms or locker
facilities on the basis of sex, or to base other terms and
conditions of employment on the sex of employees where
the commission by regulation or ruling in a particular
instance has found the employment practice to be appropriate
for the practical realization of equality of opportunity
between the sexes.
(4) To print, or circulate, or cause to be printed or
circulated any statement, advertisement, or publication, or to
use any form of application for employment, or to make any
inquiry in connection with prospective employment, which
expresses any limitation, specification, or discrimination as
to age, sex, marital status, race, creed, color, national origin,
or the presence of any sensory, mental, or physical disability
or the use of a trained dog guide or service animal by a
disabled person, or any intent to make any such limitation,
specification, or discrimination, unless based upon a bona
fide occupational qualification: PROVIDED, Nothing
contained herein shall prohibit advertising in a foreign
language. [1997 c 271 § 10; 1993 c 510 § 12; 1985 c 185
§ 16; 1973 1st ex.s. c 214 § 6; 1973 c 141 § 10; 1971 ex.s.
c 81 § 3; 1961 c 100 § 1; 1957 c 37 § 9. Prior: 1949 c 183
§ 7, part; Rem. Supp. 1949 § 7614-26, part.]
Severability—1993 c 510: See note following RCW 49.60.010.
Effective date—1971 ex.s. c 81: See note following RCW 49.60.120.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
Employment rights of persons serving in uniformed services: RCW
73.16.032.
Labor—Prohibited practices: Chapter 49.44 RCW.
Unfair practices in employment because of age of employee or applicant:
RCW 49.44.090.
49.60.190 Unfair practices of labor unions. It is an
unfair practice for any labor union or labor organization:
(1) To deny membership and full membership rights and
privileges to any person because of age, sex, marital status,
race, creed, color, national origin, or the presence of any
(2002 Ed.)
49.60.178
sensory, mental, or physical disability or the use of a trained
dog guide or service animal by a disabled person.
(2) To expel from membership any person because of
age, sex, marital status, race, creed, color, national origin, or
the presence of any sensory, mental, or physical disability or
the use of a trained dog guide or service animal by a disabled person.
(3) To discriminate against any member, employer,
employee, or other person to whom a duty of representation
is owed because of age, sex, marital status, race, creed,
color, national origin, or the presence of any sensory, mental,
or physical disability or the use of a trained dog guide or
service animal by a disabled person. [1997 c 271 § 11;
1993 c 510 § 13; 1985 c 185 § 17; 1973 1st ex.s. c 214 § 8;
1973 c 141 § 11; 1971 ex.s. c 81 § 4; 1961 c 100 § 2; 1957
c 37 § 10. Prior: 1949 c 183 § 7, part; Rem. Supp. 1949 §
7614-26, part.]
Severability—1993 c 510: See note following RCW 49.60.010.
Effective date—1971 ex.s. c 81: See note following RCW 49.60.120.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
49.60.200 Unfair practices of employment agencies.
It is an unfair practice for any employment agency to fail or
refuse to classify properly or refer for employment, or
otherwise to discriminate against, an individual because of
age, sex, marital status, race, creed, color, national origin, or
the presence of any sensory, mental, or physical disability or
the use of a trained dog guide or service animal by a
disabled person, or to print or circulate, or cause to be
printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or
to make any inquiry in connection with prospective employment, which expresses any limitation, specification or
discrimination as to age, sex, race, creed, color, or national
origin, or the presence of any sensory, mental, or physical
disability or the use of a trained dog guide or service animal
by a disabled person, or any intent to make any such
limitation, specification, or discrimination, unless based upon
a bona fide occupational qualification: PROVIDED, Nothing
contained herein shall prohibit advertising in a foreign
language. [1997 c 271 § 12; 1993 c 510 § 14; 1973 1st ex.s.
c 214 § 9; 1973 c 141 § 12; 1971 ex.s. c 81 § 5; 1961 c 100
§ 3; 1957 c 37 § 11. Prior: 1949 c 183 § 7, part; Rem.
Supp. 1949 § 7614-26, part.]
Severability—1993 c 510: See note following RCW 49.60.010.
Effective date—1971 ex.s. c 81: See note following RCW 49.60.120.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
Fraud by employment agent: RCW 49.44.050.
49.60.205 Age discrimination—Limitation. No
person shall be considered to have committed an unfair
practice on the basis of age discrimination unless the practice
violates RCW 49.44.090. It is a defense to any complaint of
an unfair practice of age discrimination that the practice does
not violate RCW 49.44.090. [1993 c 510 § 15; 1985 c 185
§ 28.]
Severability—1993 c 510: See note following RCW 49.60.010.
49.60.210 Unfair practices—Discrimination against
person opposing unfair practice—Retaliation against
whistleblower. (1) It is an unfair practice for any employer,
[Title 49 RCW—page 65]
49.60.210
Title 49 RCW: Labor Regulations
employment agency, labor union, or other person to discharge, expel, or otherwise discriminate against any person
because he or she has opposed any practices forbidden by
this chapter, or because he or she has filed a charge, testified, or assisted in any proceeding under this chapter.
(2) It is an unfair practice for a government agency or
government manager or supervisor to retaliate against a
whistleblower as defined in chapter 42.40 RCW. [1992 c
118 § 4; 1985 c 185 § 18; 1957 c 37 § 12. Prior: 1949 c
183 § 7, part; Rem. Supp. 1949 § 7614-26, part.]
49.60.215 Unfair practices of places of public
resort, accommodation, assemblage, amusement. It shall
be an unfair practice for any person or the person’s agent or
employee to commit an act which directly or indirectly
results in any distinction, restriction, or discrimination, or the
requiring of any person to pay a larger sum than the uniform
rates charged other persons, or the refusing or withholding
from any person the admission, patronage, custom, presence,
frequenting, dwelling, staying, or lodging in any place of
public resort, accommodation, assemblage, or amusement,
except for conditions and limitations established by law and
applicable to all persons, regardless of race, creed, color,
national origin, sex, the presence of any sensory, mental, or
physical disability, or the use of a trained dog guide or
service animal by a disabled person: PROVIDED, That this
section shall not be construed to require structural changes,
modifications, or additions to make any place accessible to
a disabled person except as otherwise required by law:
PROVIDED, That behavior or actions constituting a risk to
property or other persons can be grounds for refusal and
shall not constitute an unfair practice. [1997 c 271 § 13;
1993 c 510 § 16. Prior: 1985 c 203 § 1; 1985 c 90 § 6;
1979 c 127 § 7; 1957 c 37 § 14.]
Severability—1993 c 510: See note following RCW 49.60.010.
Denial of civil rights: RCW 9.91.010.
49.60.220 Unfair practice to aid violation. It is an
unfair practice for any person to aid, abet, encourage, or
incite the commission of any unfair practice, or to attempt to
obstruct or prevent any other person from complying with
the provisions of this chapter or any order issued thereunder.
[1957 c 37 § 13. Prior: 1949 c 183 § 7, part; Rem. Supp.
1949 § 7614-26, part.]
49.60.222 Unfair practices with respect to real
estate transactions, facilities, or services. (1) It is an
unfair practice for any person, whether acting for himself,
herself, or another, because of sex, marital status, race,
creed, color, national origin, families with children status, the
presence of any sensory, mental, or physical disability, or the
use of a trained dog guide or service animal by a disabled
person:
(a) To refuse to engage in a real estate transaction with
a person;
(b) To discriminate against a person in the terms,
conditions, or privileges of a real estate transaction or in the
furnishing of facilities or services in connection therewith;
(c) To refuse to receive or to fail to transmit a bona fide
offer to engage in a real estate transaction from a person;
[Title 49 RCW—page 66]
(d) To refuse to negotiate for a real estate transaction
with a person;
(e) To represent to a person that real property is not
available for inspection, sale, rental, or lease when in fact it
is so available, or to fail to bring a property listing to his or
her attention, or to refuse to permit the person to inspect real
property;
(f) To discriminate in the sale or rental, or to otherwise
make unavailable or deny a dwelling, to any person; or to a
person residing in or intending to reside in that dwelling
after it is sold, rented, or made available; or to any person
associated with the person buying or renting;
(g) To make, print, circulate, post, or mail, or cause to
be so made or published a statement, advertisement, or sign,
or to use a form of application for a real estate transaction,
or to make a record or inquiry in connection with a prospective real estate transaction, which indicates, directly or
indirectly, an intent to make a limitation, specification, or
discrimination with respect thereto;
(h) To offer, solicit, accept, use, or retain a listing of
real property with the understanding that a person may be
discriminated against in a real estate transaction or in the
furnishing of facilities or services in connection therewith;
(i) To expel a person from occupancy of real property;
(j) To discriminate in the course of negotiating, executing, or financing a real estate transaction whether by
mortgage, deed of trust, contract, or other instrument
imposing a lien or other security in real property, or in negotiating or executing any item or service related thereto
including issuance of title insurance, mortgage insurance,
loan guarantee, or other aspect of the transaction. Nothing
in this section shall limit the effect of RCW 49.60.176 relating to unfair practices in credit transactions; or
(k) To attempt to do any of the unfair practices defined
in this section.
(2) For the purposes of this chapter discrimination based
on the presence of any sensory, mental, or physical disability
or the use of a trained dog guide or service animal by a
blind, deaf, or physically disabled person includes:
(a) A refusal to permit, at the expense of the disabled
person, reasonable modifications of existing premises
occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment
of the dwelling, except that, in the case of a rental, the
landlord may, where it is reasonable to do so, condition
permission for a modification on the renter agreeing to
restore the interior of the dwelling to the condition that
existed before the modification, reasonable wear and tear
excepted;
(b) To refuse to make reasonable accommodation in
rules, policies, practices, or services when such accommodations may be necessary to afford a person with the presence
of any sensory, mental, or physical disability and/or the use
of a trained dog guide or service animal by a blind, deaf, or
physically disabled person equal opportunity to use and
enjoy a dwelling; or
(c) To fail to design and construct covered multifamily
dwellings and premises in conformance with the federal fair
housing amendments act of 1988 (42 U.S.C. Sec. 3601 et
seq.) and all other applicable laws or regulations pertaining
to access by persons with any sensory, mental, or physical
disability or use of a trained dog guide or service animal.
(2002 Ed.)
Discrimination—Human Rights Commission
Whenever the requirements of applicable laws or regulations
differ, the requirements which require greater accessibility
for persons with any sensory, mental, or physical disability
shall govern.
Nothing in (a) or (b) of this subsection shall apply to:
(i) A single-family house rented or leased by the owner if
the owner does not own or have an interest in the proceeds
of the rental or lease of more than three such single-family
houses at one time, the rental or lease occurred without the
use of a real estate broker or salesperson, as defined in RCW
18.85.010, and the rental or lease occurred without the
publication, posting, or mailing of any advertisement, sign,
or statement in violation of subsection (1)(g) of this section;
or (ii) rooms or units in dwellings containing living quarters
occupied or intended to be occupied by no more than four
families living independently of each other if the owner
maintains and occupies one of the rooms or units as his or
her residence.
(3) Notwithstanding any other provision of this chapter,
it shall not be an unfair practice or a denial of civil rights for
any public or private educational institution to separate the
sexes or give preference to or limit use of dormitories,
residence halls, or other student housing to persons of one
sex or to make distinctions on the basis of marital or
families with children status.
(4) Except pursuant to subsection (2)(a) of this section,
this section shall not be construed to require structural
changes, modifications, or additions to make facilities
accessible to a disabled person except as otherwise required
by law. Nothing in this section affects the rights, responsibilities, and remedies of landlords and tenants pursuant to
chapter 59.18 or 59.20 RCW, including the right to post and
enforce reasonable rules of conduct and safety for all tenants
and their guests, provided that chapters 59.18 and 59.20
RCW are only affected to the extent they are inconsistent
with the nondiscrimination requirements of this chapter.
Nothing in this section limits the applicability of any
reasonable federal, state, or local restrictions regarding the
maximum number of occupants permitted to occupy a
dwelling.
(5) Notwithstanding any other provision of this chapter,
it shall not be an unfair practice for any public establishment
providing for accommodations offered for the full enjoyment
of transient guests as defined by RCW 9.91.010(1)(c) to
make distinctions on the basis of families with children
status. Nothing in this section shall limit the effect of RCW
49.60.215 relating to unfair practices in places of public
accommodation.
(6) Nothing in this chapter prohibiting discrimination
based on families with children status applies to housing for
older persons as defined by the federal fair housing amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as
amended by the housing for older persons act of 1995, P.L.
104-76, as enacted on December 28, 1995. Nothing in this
chapter authorizes requirements for housing for older persons
different than the requirements in the federal fair housing
amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through
(3), as amended by the housing for older persons act of
1995, P.L. 104-76, as enacted on December 28, 1995. [1997
c 400 § 3; 1997 c 271 § 14; 1995 c 259 § 3. Prior: 1993
c 510 § 17; 1993 c 69 § 5; 1989 c 61 § 1; 1979 c 127 § 8;
(2002 Ed.)
49.60.222
1975 1st ex.s. c 145 § 1; 1973 c 141 § 13; 1969 ex.s. c 167
§ 4.]
Reviser’s note: This section was amended by 1997 c 271 § 14 and
by 1997 c 400 § 3, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
49.60.223 Unfair practice to induce sale or rental of
real property by representations regarding entry into
neighborhood of persons of particular race, disability,
etc. It is an unfair practice for any person, for profit, to
induce or attempt to induce any person to sell or rent any
real property by representations regarding the entry or
prospective entry into the neighborhood of a person or
persons of a particular race, creed, color, sex, national origin,
families with children status, or with any sensory, mental, or
physical disability and/or the use of a trained dog guide or
service animal by a blind, deaf, or physically disabled person. [1997 c 271 § 15. Prior: 1993 c 510 § 18; 1993 c 69
§ 6; 1979 c 127 § 9; 1969 ex.s. c 167 § 5.]
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
49.60.2235 Unfair practice to coerce, intimidate,
threaten, or interfere regarding secured real estate
transaction rights. It is an unlawful practice to coerce,
intimidate, threaten, or interfere with any person in the
exercise or enjoyment of, or on account of his or her having
exercised or enjoyed, or on account of his or her having
aided or encouraged any other person in the exercise or
enjoyment of, rights regarding real estate transactions
secured by RCW 49.60.030, 49.60.040, and 49.60.222
through 49.60.224. [1993 c 69 § 7.]
Severability—1993 c 69: See note following RCW 49.60.030.
49.60.224 Real property contract provisions restricting conveyance, encumbrance, occupancy, or use to
persons of particular race, disability, etc., void—Unfair
practice. (1) Every provision in a written instrument
relating to real property which purports to forbid or restrict
the conveyance, encumbrance, occupancy, or lease thereof to
individuals of a specified race, creed, color, sex, national
origin, families with children status, or with any sensory,
mental, or physical disability or the use of a trained dog
guide or service animal by a blind, deaf, or physically
disabled person, and every condition, restriction, or prohibition, including a right of entry or possibility of reverter,
which directly or indirectly limits the use or occupancy of
real property on the basis of race, creed, color, sex, national
origin, families with children status, or the presence of any
sensory, mental, or physical disability or the use of a trained
dog guide or service animal by a blind, deaf, or physically
disabled person is void.
(2) It is an unfair practice to insert in a written instrument relating to real property a provision that is void under
this section or to honor or attempt to honor such a provision
[Title 49 RCW—page 67]
49.60.224
Title 49 RCW: Labor Regulations
in the chain of title. [1997 c 271 § 16; 1993 c 69 § 8; 1979
c 127 § 10; 1969 ex.s. c 167 § 6.]
69 § 9; 1985 c 185 § 19; 1979 c 127 § 11; 1973 c 141 § 14;
1969 ex.s. c 167 § 7.]
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
49.60.225 Relief for unfair practice in real estate
transaction—Damages—Penalty. (1) When a reasonable
cause determination has been made under RCW 49.60.240
that an unfair practice in a real estate transaction has been
committed and a finding has been made that the respondent
has engaged in any unfair practice under RCW 49.60.250,
the administrative law judge shall promptly issue an order
for such relief suffered by the aggrieved person as may be
appropriate, which may include actual damages as provided
by the federal fair housing amendments act of 1988 (42
U.S.C. Sec. 3601 et seq.), and injunctive or other equitable
relief. Such order may, to further the public interest, assess
a civil penalty against the respondent:
(a) In an amount up to ten thousand dollars if the
respondent has not been determined to have committed any
prior unfair practice in a real estate transaction;
(b) In an amount up to twenty-five thousand dollars if
the respondent has been determined to have committed one
other unfair practice in a real estate transaction during the
five-year period ending on the date of the filing of this
charge; or
(c) In an amount up to fifty thousand dollars if the
respondent has been determined to have committed two or
more unfair practices in a real estate transaction during the
seven-year period ending on the date of the filing of this
charge, for loss of the right secured by RCW 49.60.010,
49.60.030, 49.60.040, and 49.60.222 through 49.60.224, as
now or hereafter amended, to be free from discrimination in
real property transactions because of sex, marital status, race,
creed, color, national origin, families with children status, or
the presence of any sensory, mental, or physical disability or
the use of a trained dog guide or service animal by a blind,
deaf, or physically disabled person. Enforcement of the
order and appeal therefrom by the complainant or respondent
may be made as provided in RCW 49.60.260 and 49.60.270.
If acts constituting the unfair practice in a real estate
transaction that is the object of the charge are determined to
have been committed by the same natural person who has
been previously determined to have committed acts constituting an unfair practice in a real estate transaction, then the
civil penalty of up to fifty thousand dollars may be imposed
without regard to the period of time within which any
subsequent unfair practice in a real estate transaction
occurred. All civil penalties assessed under this section shall
be paid into the state treasury and credited to the general
fund.
(2) Such order shall not affect any contract, sale,
conveyance, encumbrance, or lease consummated before the
issuance of an order that involves a bona fide purchaser,
encumbrancer, or tenant who does not have actual notice of
the charge filed under this chapter.
(3) Notwithstanding any other provision of this chapter,
persons awarded damages under this section may not receive
additional damages pursuant to RCW 49.60.250. [1997 c
271 § 17; 1995 c 259 § 4. Prior: 1993 c 510 § 20; 1993 c
[Title 49 RCW—page 68]
49.60.226 Cooperative agreements between units of
government for processing complaints. The commission
and units of local government administering ordinances with
provisions similar to the real estate provisions of the law
against discrimination are authorized and directed to enter
into cooperative agreements or arrangements for receiving
and processing complaints so that duplication of functions
shall be minimized and multiple hearings avoided. No
complainant may secure relief from more than one instrumentality of state, or local government, nor shall any relief
be granted by any state or local instrumentality if relief has
been granted or proceedings are continuing in any federal
agency, court, or instrumentality, unless such proceedings
have been deferred pending state action. [1985 c 185 § 20;
1969 ex.s. c 167 § 8.]
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
49.60.227 Declaratory judgment action to strike
discriminatory provision of real property contract. If a
written instrument contains a provision that is void by reason
of RCW 49.60.224, the owner, occupant, or tenant of the
property which is subject to the provision may cause the
provision to be stricken from the public records by bringing
an action in the superior court in the county in which the
property is located. The action shall be an in rem, declaratory judgment action whose title shall be the description of
the property. The necessary party to the action shall be the
owner, occupant, or tenant of the property or any portion
thereof. The person bringing the action shall pay a fee set
under RCW 36.18.012.
If the court finds that any provisions of the written
instrument are void under RCW 49.60.224, it shall enter an
order striking the void provisions from the public records
and eliminating the void provisions from the title or lease of
the property described in the complaint. [1995 c 292 § 18;
1993 c 69 § 10; 1987 c 56 § 2.]
Severability—1993 c 69: See note following RCW 49.60.030.
Intent—1987 c 56 § 2: "The legislature finds that some real property
deeds and other written instruments contain discriminatory covenants and
restrictions that are contrary to public policy and are void. The continued
existence of these covenants and restrictions is repugnant to many property
owners and diminishes the free enjoyment of their property. It is the intent
of RCW 49.60.227 to allow property owners to remove all remnants of
discrimination from their deeds." [1987 c 56 § 1.]
49.60.230 Complaint may be filed with commission.
(1) Who may file a complaint:
(a) Any person claiming to be aggrieved by an alleged
unfair practice may, personally or by his or her attorney,
make, sign, and file with the commission a complaint in
writing under oath or by declaration. The complaint shall
state the name of the person alleged to have committed the
unfair practice and the particulars thereof, and contain such
other information as may be required by the commission.
(2002 Ed.)
Discrimination—Human Rights Commission
(b) Whenever it has reason to believe that any person
has been engaged or is engaging in an unfair practice, the
commission may issue a complaint.
(c) Any employer or principal whose employees, or
agents, or any of them, refuse or threaten to refuse to
comply with the provisions of this chapter may file with the
commission a written complaint under oath or by declaration
asking for assistance by conciliation or other remedial action.
(2) Any complaint filed pursuant to this section must be
so filed within six months after the alleged act of discrimination except that complaints alleging an unfair practice in a
real estate transaction pursuant to RCW 49.60.222 through
49.60.225 must be so filed within one year after the alleged
unfair practice in a real estate transaction has occurred or
terminated. [1993 c 510 § 21; 1993 c 69 § 11; 1985 c 185
§ 21; 1957 c 37 § 16; 1955 c 270 § 15. Prior: 1949 c 183
§ 8, part; Rem. Supp. 1949 § 7614-27, part.]
Reviser’s note: This section was amended by 1993 c 69 § 11 and by
1993 c 510 § 21, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
49.60.240 Complaint investigated—Conference,
conciliation—Agreement, findings—Rules. After the filing
of any complaint, the chairperson of the commission shall
refer it to the appropriate section of the commission’s staff
for prompt investigation and ascertainment of the facts
alleged in the complaint. The investigation shall be limited
to the alleged facts contained in the complaint. The results
of the investigation shall be reduced to written findings of
fact, and a finding shall be made that there is or that there
is not reasonable cause for believing that an unfair practice
has been or is being committed. A copy of said findings
shall be provided to the complainant and to the person
named in such complaint, hereinafter referred to as the
respondent.
If the finding is made that there is reasonable cause for
believing that an unfair practice has been or is being
committed, the commission’s staff shall immediately
endeavor to eliminate the unfair practice by conference,
conciliation, and persuasion.
If an agreement is reached for the elimination of such
unfair practice as a result of such conference, conciliation,
and persuasion, the agreement shall be reduced to writing
and signed by the respondent, and an order shall be entered
by the commission setting forth the terms of said agreement.
No order shall be entered by the commission at this stage of
the proceedings except upon such written agreement, except
that during the period beginning with the filing of complaints
alleging an unfair practice with respect to real estate transactions pursuant to RCW 49.60.222 through 49.60.225, and
ending with the filing of a finding of reasonable cause or a
dismissal by the commission, the commission staff shall, to
the extent feasible, engage in conciliation with respect to
such complaint. Any conciliation agreement arising out of
conciliation efforts by the commission shall be an agreement
between the respondent and the complainant and shall be
subject to the approval of the commission. Each conciliation
agreement shall be made public unless the complainant and
respondent otherwise agree and the commission determines
(2002 Ed.)
49.60.230
that disclosure is not required to further the purposes of this
chapter.
If no such agreement can be reached, a finding to that
effect shall be made and reduced to writing, with a copy
thereof provided to the complainant and the respondent.
The commission may adopt rules, including procedural
time requirements, for processing complaints alleging an
unfair practice with respect to real estate transactions
pursuant to RCW 49.60.222 through 49.60.225 and which
may be consistent with the federal fair housing amendments
act of 1988 (42 U.S.C. Sec. 3601 et seq.), but which in no
case shall exceed or be more restrictive than the requirements or standards of such act. [1995 c 259 § 5. Prior:
1993 c 510 § 22; 1993 c 69 § 12; 1985 c 185 § 22; 1981 c
259 § 1; 1957 c 37 § 17; 1955 c 270 § 16; prior: 1949 c
183 § 8, part; Rem. Supp. 1949 § 7614-27, part.]
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
RCW 49.60.240 through 49.60.280 applicable to complaints concerning
unlawful use of refueling services for disabled: RCW 49.60.360.
49.60.250 Hearing of complaint by administrative
law judge—Limitation of relief—Penalties—Order. (1)
In case of failure to reach an agreement for the elimination
of such unfair practice, and upon the entry of findings to that
effect, the entire file, including the complaint and any and all
findings made, shall be certified to the chairperson of the
commission. The chairperson of the commission shall
thereupon request the appointment of an administrative law
judge under Title 34 RCW to hear the complaint and shall
cause to be issued and served in the name of the commission
a written notice, together with a copy of the complaint, as
the same may have been amended, requiring the respondent
to answer the charges of the complaint at a hearing before
the administrative law judge, at a time and place to be
specified in such notice.
(2) The place of any such hearing may be the office of
the commission or another place designated by it. The case
in support of the complaint shall be presented at the hearing
by counsel for the commission: PROVIDED, That the
complainant may retain independent counsel and submit
testimony and be fully heard. No member or employee of
the commission who previously made the investigation or
caused the notice to be issued shall participate in the hearing
except as a witness, nor shall the member or employee
participate in the deliberations of the administrative law
judge in such case. Any endeavors or negotiations for
conciliation shall not be received in evidence.
(3) The respondent shall file a written answer to the
complaint and appear at the hearing in person or otherwise,
with or without counsel, and submit testimony and be fully
heard. The respondent has the right to cross-examine the
complainant.
(4) The administrative law judge conducting any hearing
may permit reasonable amendment to any complaint or
answer. Testimony taken at the hearing shall be under oath
and recorded.
(5) If, upon all the evidence, the administrative law
judge finds that the respondent has engaged in any unfair
practice, the administrative law judge shall state findings of
[Title 49 RCW—page 69]
49.60.250
Title 49 RCW: Labor Regulations
fact and shall issue and file with the commission and cause
to be served on such respondent an order requiring such
respondent to cease and desist from such unfair practice and
to take such affirmative action, including, (but not limited to)
hiring, reinstatement or upgrading of employees, with or
without back pay, an admission or restoration to full membership rights in any respondent organization, or to take such
other action as, in the judgment of the administrative law
judge, will effectuate the purposes of this chapter, including
action that could be ordered by a court, except that damages
for humiliation and mental suffering shall not exceed ten
thousand dollars, and including a requirement for report of
the matter on compliance. Relief available for violations of
RCW 49.60.222 through 49.60.224 shall be limited to the
relief specified in RCW 49.60.225.
(6) If a determination is made that retaliatory action, as
defined in RCW 42.40.050, has been taken against a
whistleblower, as defined in RCW 42.40.020, the administrative law judge may, in addition to any other remedy, impose
a civil penalty upon the retaliator of up to three thousand
dollars and issue an order to the state employer to suspend
the retaliator for up to thirty days without pay. At a
minimum, the administrative law judge shall require that a
letter of reprimand be placed in the retaliator’s personnel
file. All penalties recovered shall be paid into the state
treasury and credited to the general fund.
(7) The final order of the administrative law judge shall
include a notice to the parties of the right to obtain judicial
review of the order by appeal in accordance with the
provisions of RCW 34.05.510 through 34.05.598, and that
such appeal must be served and filed within thirty days after
the service of the order on the parties.
(8) If, upon all the evidence, the administrative law
judge finds that the respondent has not engaged in any
alleged unfair practice, the administrative law judge shall
state findings of fact and shall similarly issue and file an
order dismissing the complaint.
(9) An order dismissing a complaint may include an
award of reasonable attorneys’ fees in favor of the respondent if the administrative law judge concludes that the
complaint was frivolous, unreasonable, or groundless.
(10) The commission shall establish rules of practice to
govern, expedite, and effectuate the foregoing procedure.
[1993 c 510 § 23; 1993 c 69 § 14; 1992 c 118 § 5; 1989 c
175 § 115; 1985 c 185 § 23; 1983 c 293 § 1; 1981 c 259 §
2; 1957 c 37 § 18; 1955 c 270 § 17. Prior: 1949 c 183 §
8, part; Rem. Supp. 1949 § 7614-27, part.]
Reviser’s note: This section was amended by 1993 c 69 § 14 and by
1993 c 510 § 23, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1981 c 259: "Sections 2, 3, 4 and 5 of this 1981 act
shall take effect upon the enactment of House Bill 101, 1981 Regular
Session." [1981 c 259 § 7.] Sections 2, 3, 4, and 5 of 1981 c 259 consist
of amendments to RCW 49.60.250, 49.60.260, and 49.60.270 and the
enactment of RCW 49.60.330, respectively. House Bill 101 was enacted as
chapter 67, Laws of 1981. It was signed by the governor on April 25,
1981. Since chapter 67, Laws of 1981 took effect on July 1, 1982, the
apparent intent is for sections 2, 3, 4, and 5 of 1981 c 259 to take effect on
that date. For effective date of 1981 c 67, see note following RCW
34.12.010.
[Title 49 RCW—page 70]
Assignment of administrative law judge for human rights commission
proceedings: RCW 34.12.037.
49.60.260 Enforcement of orders of administrative
law judge—Appellate review of court order. (1) The
commission or any person entitled to relief of a final order
may petition the court within the county wherein any unfair
practice occurred or wherein any person charged with an
unfair practice resides or transacts business for the enforcement of any final order which is not complied with and is
issued by the commission or an administrative law judge
under the provisions of this chapter and for appropriate
temporary relief or a restraining order, and shall certify and
file in court the final order sought to be enforced. Within
five days after filing such petition in court, the commission
or any person entitled to relief of a final order shall cause a
notice of the petition to be sent by certified mail to all
parties or their representatives.
(2) If within sixty days after the date the administrative
law judge’s order concerning an unfair practice in a real
estate transaction is entered, no petition has been filed under
subsection (1) of this section and the commission has not
sought enforcement of the final order under this section, any
person entitled to relief under the final order may petition for
a decree enforcing the order in the superior courts of the
state of Washington for the county in which the unfair
practice in a real estate transaction under RCW 49.60.222
through 49.60.224 is alleged to have occurred.
(3) From the time the petition is filed, the court shall
have jurisdiction of the proceedings and of the questions
determined thereon, and shall have the power to grant such
temporary relief or restraining order as it deems just and
suitable.
(4) If the petition shows that there is a final order issued
by the commission or administrative law judge under RCW
49.60.240 or 49.60.250 and that the order has not been
complied with in whole or in part, the court shall issue an
order directing the person who is alleged to have not
complied with the administrative order to appear in court at
a time designated in the order, not less than ten days from
the date thereof, and show cause why the administrative
order should not be enforced according to the terms. The
commission or any person entitled to relief of any final order
shall immediately serve the noncomplying party with a copy
of the court order and the petition.
(5) The administrative order shall be enforced by the
court if the person does not appear, or if the person appears
and the court finds that:
(a) The order is regular on its face;
(b) The order has not been complied with; and
(c) The person’s answer discloses no valid reason why
the order should not be enforced, or that the reason given in
the person’s answer could have been raised by review under
RCW 34.05.510 through 34.05.598, and the person has given
no valid excuse for failing to use that remedy.
(6) The jurisdiction of the court shall be exclusive and
its judgment and decree shall be final, except that the same
shall be subject to appellate review by the supreme court or
the court of appeals, on appeal, by either party, irrespective
of the nature of the decree or judgment. The review shall be
taken and prosecuted in the same manner and form and with
the same effect as is provided in other cases. [1995 c 259
(2002 Ed.)
Discrimination—Human Rights Commission
§ 6; 1993 c 69 § 15; 1989 c 175 § 116; 1988 c 202 § 47;
1985 c 185 § 24; 1981 c 259 § 3; 1971 c 81 § 118; 1957 c
37 § 21. Prior: 1949 c 183 § 9, part; Rem Supp. 1949 §
7614-27A, part.]
Rules of court: Cf. RAP 2.2, 18.22.
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1988 c 202: See note following RCW 2.24.050.
Effective date—1981 c 259: See note following RCW 49.60.250.
49.60.270 Appeal from orders of administrative law
judge. Any respondent or complainant, including the
commission, aggrieved by a final order of an administrative
law judge may obtain judicial review of such order as
provided under the administrative procedure act, chapter
34.05 RCW. From the time a petition for review is filed,
the court has jurisdiction to grant to any party such temporary relief or restraining order as it deems just and suitable.
If the court affirms the order, it shall enter a judgment and
decree enforcing the order as affirmed. [1985 c 185 § 25;
1981 c 259 § 4; 1957 c 37 § 22. Prior: 1949 c 183 § 9,
part; Rem. Supp. 1949 § 7614-27A, part.]
Effective date—1981 c 259: See note following RCW 49.60.250.
49.60.280 Court shall expeditiously hear and
determine. Petitions filed under RCW 49.60.260 and
49.60.270 shall be heard expeditiously and determined upon
the transcript filed, without requirement of printing. Hearings in the court under this chapter shall take precedence
over all other matters, except matters of the same character.
[1957 c 37 § 23. Prior: 1949 c 183 § 9, part; Rem. Supp.
1949 § 7614-27A, part.]
49.60.310 Misdemeanor to interfere with or resist
commission. Any person who wilfully resists, prevents,
impedes, or interferes with the commission or any of its
members or representatives in the performance of duty under
this chapter, or who wilfully violates an order of the commission, is guilty of a misdemeanor; but procedure for the
review of the order shall not be deemed to be such wilful
conduct. [1985 c 185 § 26; 1961 c 100 § 4; 1957 c 37 § 26;
1949 c 183 § 10; Rem. Supp. 1949 § 7614-28.]
49.60.320 Governor may act on orders against state
or political subdivisions. In any case in which the commission shall issue an order against any political or civil
subdivision of the state, or any agency, or instrumentality of
the state or of the foregoing, or any officer or employee
thereof, the commission shall transmit a copy of such order
to the governor of the state. The governor shall take such
action to secure compliance with such order as the governor
deems necessary. [1985 c 185 § 27; 1949 c 183 § 11; Rem.
Supp. 1949 § 7614-29.]
49.60.330 First class cities of over one hundred
twenty-five thousand population—Administrative remedies authorized—Superior court jurisdiction. Any county
or any city classified as a first class city under RCW
35.01.010 with over one hundred twenty five thousand
(2002 Ed.)
49.60.260
population may enact resolutions or ordinances consistent
with this chapter to provide administrative and/or judicial
remedies for any form of discrimination proscribed by this
chapter. The imposition of such administrative remedies
shall be subject to judicial review. The superior courts shall
have jurisdiction to hear all matters relating to violation and
enforcement of such resolutions or ordinances, including
petitions for preliminary relief, the award of such remedies
and civil penalties as are consistent with this chapter, and enforcement of any order of a county or city administrative law
judge or hearing examiner pursuant to such resolution or
ordinance. Any local resolution or ordinance not inconsistent with this chapter may provide, after a finding of
reasonable cause to believe that discrimination has occurred,
for the filing of an action in, or the removal of the matter to,
the superior court. [1993 c 69 § 16; 1983 c 5 § 2; 1981 c
259 § 5.]
Severability—1993 c 69: See note following RCW 49.60.030.
Effective date—1981 c 259: See note following RCW 49.60.250.
49.60.340 Election for civil action in lieu of hearing—Relief. (1) Any complainant on whose behalf the
reasonable cause finding was made, a respondent, or an
aggrieved person may, with respect to real estate transactions
pursuant to RCW 49.60.222 through 49.60.225, elect to have
the claims on which reasonable cause was found decided in
a civil action under RCW 49.60.030(2) in lieu of a hearing
under RCW 49.60.250. This election must be made not later
than twenty days after the service of the reasonable cause
finding. The person making such election shall give notice
of doing so to the commission and to all other complainants
and respondents to whom the charge relates. Any reasonable
cause finding issued by the commission pursuant to the
procedures contained in this chapter shall become final
twenty days after service of the reasonable cause finding
unless a written notice of election is received by the commission within the twenty-day period.
(2) If an election is made under subsection (1) of this
section, the commission shall authorize not later than thirty
days after the election is made, and the attorney general shall
commence, a civil action on behalf of the aggrieved person
in a superior court of the state of Washington seeking relief
under this section.
(3) Any aggrieved person with respect to the issues to
be determined in a civil action under this section may
intervene as of right in that civil action.
(4) In a civil action under this section, if the court finds
that an unfair practice in a real estate transaction has
occurred or is about to occur, the court may grant any relief
that a court could grant with respect to such an unfair
practice in a real estate transaction in a civil action under
RCW 49.60.030(2). If monetary relief is sought for the
benefit of an aggrieved person who does not intervene in the
civil action, the court shall not award such relief if that
aggrieved person has not complied with discovery orders
entered by the court.
(5) In any administrative proceeding under this section
where the respondent is the prevailing party, a complainant
who intervenes by filing a notice of independent appearance
may be liable for reasonable attorneys’ fees and costs only
to the extent that the intervening participation in the adminis[Title 49 RCW—page 71]
49.60.340
Title 49 RCW: Labor Regulations
trative proceeding was frivolous or vexatious, or was for the
purpose of harassment.
(6) In any administrative proceeding brought under
RCW 49.60.225 or any court proceeding arising therefrom,
or any civil action under this section, the administrative law
judge or the court in its discretion may allow the prevailing
party, other than the commission, reasonable attorneys’ fees
and costs. [1993 c 69 § 13.]
Severability—1993 c 69: See note following RCW 49.60.030.
49.60.350 Temporary or preliminary relief—
Superior court jurisdiction—Petition of commission. (1)
The superior courts of the state of Washington shall have
jurisdiction upon petition of the commission, through the
attorney general, to seek appropriate temporary or preliminary relief to enjoin any unfair practice in violation of RCW
49.60.222 through 49.60.225, from which prompt judicial
action is necessary to carry out the purposes of this chapter.
(2) The commencement of a civil action under this
section does not preclude the initiation or continuation of
administrative proceedings under this chapter. [1993 c 69 §
2.]
Severability—1993 c 69: See note following RCW 49.60.030.
49.60.360 Refueling services for disabled drivers—
Violation—Investigation—Intentional display of plate or
placard invalid or not legally issued prohibited—Fine—
Notice to disabled persons. (1) Every person, firm,
partnership, association, trustee, or corporation which
operates a gasoline service station, or other facility which
offers gasoline or other motor vehicle fuel for sale to the
public from such a facility, shall provide, upon request,
refueling service to disabled drivers, unaccompanied by
passengers capable of safely providing refueling service, of
vehicles which display a disabled person’s license plate or
placard issued by the department of licensing. The price
charged for the motor vehicle fuel in such a case shall be no
greater than that which the facility otherwise would charge
the public generally to purchase motor vehicle fuel without
refueling service. This section does not require a facility to
provide disabled drivers with services, including but not
limited to checking oil or cleaning windshields, other than
refueling services.
(2) This section does not apply to:
(a) Exclusive self-service gas stations which have
remotely controlled gas pumps and which never provide
pump island service; and
(b) Convenience stores which sell gasoline, which have
remotely controlled gas pumps and which never provide
pump island service.
(3) Any person who, as a responsible managing individual setting service policy of a station or facility or as an
employee acting independently against set service policy,
acts in violation of this section is guilty of a misdemeanor.
This subsection shall be enforced by the prosecuting attorney.
(4) The human rights commission shall, upon the filing
of a verified written complaint by any person, investigate the
actions of any person, firm, partnership, association, trustee,
or corporation alleged to have violated this section. The
complaint shall be in the form prescribed by the commission.
[Title 49 RCW—page 72]
The commission may, upon its own motion, issue complaints
and conduct investigations of alleged violations of this
section.
RCW 49.60.240 through 49.60.280 shall apply to
complaints under this section.
(5) In addition to those matters referred pursuant to
subsection (3) of this section, the prosecuting attorney may
investigate and prosecute alleged violations of this section.
(6) Any person who intentionally displays a license plate
or placard which is invalid, or which was not lawfully issued
to that person, for the purpose of obtaining refueling service
under subsection (1) of this section shall be subject to a civil
fine of one hundred dollars for each such violation.
(7) A notice setting forth the provisions of this section
shall be provided by the department of licensing to every
person, firm, partnership, association, trustee, or corporation
which operates a gasoline service station, or other facility
which offers gasoline or other motor vehicle fuel for sale to
the public from such a facility.
(8) A notice setting forth the provisions of this section
shall be provided by the department of licensing to every
person who is issued a disabled person’s license plate or
placard.
(9) For the purposes of this section, "refueling service"
means the service of pumping motor vehicle fuel into the
fuel tank of a motor vehicle.
(10) Nothing in this section limits or restricts the rights
or remedies provided under chapter 49.60 RCW. [1994 c
262 § 17; 1985 c 309 § 1. Formerly RCW 70.84.090.]
49.60.370 Liability for killing or injuring dog guide
or service animal—Penalty in addition to other remedies
or penalties—Recovery of attorneys’ fees and costs—No
duty to investigate. (1) A person who negligently or maliciously kills or injures a dog guide or service animal is liable
for a penalty of one thousand dollars, to be paid to the user
of the animal. The penalty shall be in addition to and not in
lieu of any other remedies or penalties, civil or criminal,
provided by law.
(2) A user or owner of a dog guide or service animal,
whose animal is negligently or maliciously injured or killed,
is entitled to recover reasonable attorneys’ fees and costs
incurred in pursuing any civil remedy.
(3) The commission has no duty to investigate any
negligent or malicious acts referred to under this section.
[1997 c 271 § 23; 1988 c 89 § 1. Formerly RCW
70.84.100.]
49.60.380 License waiver for dog guide and service
animals. A county, city, or town shall honor a request by
a blind person or hearing impaired person not to be charged
a fee to license his or her dog guide, or a request by a physically disabled person not to be charged a fee to license his
or her service animal. [1997 c 271 § 24; 1989 c 41 § 1.
Formerly RCW 70.84.120.]
49.60.390 Rule-making authority—Deadline—1997
c 271. The Washington state human rights commission shall
adopt rules implementing chapter 271, Laws of 1997 no later
than March 1, 1998. [1997 c 271 § 25.]
(2002 Ed.)
Discrimination—Human Rights Commission
49.60.400 Discrimination, preferential treatment
prohibited. (1) The state shall not discriminate against, or
grant preferential treatment to, any individual or group on
the basis of race, sex, color, ethnicity, or national origin in
the operation of public employment, public education, or
public contracting.
(2) This section applies only to action taken after
December 3, 1998.
(3) This section does not affect any law or governmental
action that does not discriminate against, or grant preferential
treatment to, any individual or group on the basis of race,
sex, color, ethnicity, or national origin.
(4) This section does not affect any otherwise lawful
classification that:
(a) Is based on sex and is necessary for sexual privacy
or medical or psychological treatment; or
(b) Is necessary for undercover law enforcement or for
film, video, audio, or theatrical casting; or
(c) Provides for separate athletic teams for each sex.
(5) This section does not invalidate any court order or
consent decree that is in force as of December 3, 1998.
(6) This section does not prohibit action that must be
taken to establish or maintain eligibility for any federal
program, if ineligibility would result in a loss of federal
funds to the state.
(7) For the purposes of this section, "state" includes, but
is not necessarily limited to, the state itself, any city, county,
public college or university, community college, school
district, special district, or other political subdivision or
governmental instrumentality of or within the state.
(8) The remedies available for violations of this section
shall be the same, regardless of the injured party’s race, sex,
color, ethnicity, or national origin, as are otherwise available
for violations of Washington antidiscrimination law.
(9) This section shall be self-executing. If any part or
parts of this section are found to be in conflict with federal
law, the United States Constitution, or the Washington state
Constitution, the section shall be implemented to the maximum extent that federal law, the United States Constitution,
and the Washington state Constitution permit. Any provision
held invalid shall be severable from the remaining portions
of this section. [1999 c 3 § 1 (Initiative Measure No. 200,
approved November 3, 1998).]
49.60.401 Short title—1999 c 3. RCW 49.60.400
shall be known and cited as the Washington State Civil
Rights Act. [1999 c 3 § 2 (Initiative Measure No. 200, approved November 3, 1998).]
Chapter 49.64
EMPLOYEE BENEFIT PLANS
Sections
49.64.010
49.64.020
49.64.030
Duration of trusts for employee benefits.
Trusts exempted from limitation as to duration.
Employee benefit plans—Payment or refund as discharge—
Adverse claims.
49.64.040 Dental care assistance plans—Options required.
Health care savings accounts authorized: Chapter 48.68 RCW.
(2002 Ed.)
49.60.400
49.64.010 Duration of trusts for employee benefits.
Any trust heretofore or hereafter created for the purposes and
of the type enumerated in RCW 49.64.020, whether in real
or personal property or in real and personal property, may
continue for such time as may be necessary to accomplish
the purposes of the trust and shall not be invalid as violating
any statute or rule of law against perpetuities, or against
accumulations of earnings, or concerning the suspension of
the power of alienation of the title to property, or otherwise
limiting the duration of trusts. [1955 c 158 § 1.]
49.64.020 Trusts exempted from limitation as to
duration. Trusts which are entitled to the exemption from
limitation as to their duration provided for in RCW
49.64.010 must be:
(1) Created by an employer primarily for the benefit of
some or all of the employees of such employer or the
families or appointees of such employees, under any pension,
profit-sharing, stock bonus, retirement, disability, death
benefit or other similar types of employee-benefit plans; and
(2) Contributed to by the employer or employees or
both; and
(3) Existing for the purpose of distributing to or for the
benefit of some or all of such employees (either before or
after their employment ceases), their families or appointees,
the earnings or principal, or earnings and principal, of the
trust. [1955 c 158 § 2.]
49.64.030 Employee benefit plans—Payment or
refund as discharge—Adverse claims. Notwithstanding the
provisions of RCW 26.16.030, whenever payment or refund
is made to an employee, former employee, or his beneficiary
or estate pursuant to and in full compliance with a written
retirement, death or other employee benefit plan or savings
plan, such payment or refund shall fully discharge the
employer and any trustee or insurance company making such
payment or refund from all adverse claims thereto unless,
before such payment or refund is made, the employer or
former employer, where the payment is made by the employer or former employer, has received at its principal place of
business within this state, written notice by or on behalf of
some other person that such other person claims to be
entitled to such payment or refund or some part thereof, or
where a trustee or insurance company is making the payment, such notice has been received by the trustee or
insurance company at its home office or its principal place
of business within this state, and if none, such notice may be
made on the secretary of state: PROVIDED, HOWEVER,
That nothing contained in this section shall affect any claim
or right to any such payment or refund or part thereof as
between all persons other than employer and the trustee or
insurance company making such payment or refund. [1953
c 45 § 1. Formerly RCW 49.52.065.]
Employees’ benefit deductions are trust funds: RCW 49.52.010.
49.64.040 Dental care assistance plans—Options
required. (1) Unless the context clearly requires otherwise,
in this section "dental care assistance plan" means any plan
of dental insurance offered by an insurer as defined by
chapter 48.01 RCW and any agreement for dental care
benefits entered into or renewed after January 1, 1989,
[Title 49 RCW—page 73]
49.64.040
Title 49 RCW: Labor Regulations
provided by a health care service contractor as defined by
chapter 48.44 RCW.
(2) Each employer, public or private, that offers its
employees a dental care assistance plan and each employee
benefits fund that offers its members a dental care assistance
plan limiting the provider of dental care to designated
providers or group of providers, shall make available to and
inform its employees or members of the option of enrolling
in an alternative dental care assistance plan that permits the
employees or members to obtain dental care services from
any licensed dental care provider of their choice. The
portion of the premium paid by the employer for the limiting
plan shall be comparable to, but in no case greater than, the
portion of the premium paid by the employer for the other
plan. If employees are members of a bona fide bargaining
unit covered by a labor-management collective bargaining
agreement, the selection of the options required by this
section may be specified in the agreement. The provisions
of this section are not mandatory if the employees are
covered by Taft-Hartley health care trust, except that the
labor-management trustees may contract with a dental care
assistance plan if a feasibility study determines it is to the
advantage of the members: PROVIDED, That this section
shall only apply to employers with greater than twenty-five
employees under coverage. [1988 c 259 § 1.]
Chapter 49.66
HEALTH CARE ACTIVITIES
Sections
49.66.010
49.66.020
49.66.030
49.66.040
49.66.050
49.66.060
49.66.070
49.66.080
49.66.090
49.66.100
49.66.110
49.66.120
49.66.900
Purpose—Policy—Declaration.
Definitions.
Bargaining unit.
Unfair labor practice by health care activity.
Unfair labor practice by employee organization or agent.
Strike and picketing.
Relief from unfair labor practice—Actions—Remedial orders.
Rules and regulations—Procedures.
Board of arbitration—Members—Selection—Chairman.
Board of arbitration—Hearings—Findings.
Board of arbitration—Standards or guidelines.
Arbitrator—Compensation—Expenses.
Severability—1972 ex.s. c 156.
49.66.010 Purpose—Policy—Declaration. It is the
public policy of the state to expedite the settlement of labor
disputes arising in connection with health care activities, in
order that there may be no lessening, however temporary, in
the quality of the care given to patients. It is the legislative
purpose by this chapter to promote collective bargaining
between health care activities and their employees, to protect
the right of employees of health care activities to organize
and select collective bargaining units of their own choosing.
It is further determined that any agreements involving
union security including an all-union agreement or agency
agreement must safeguard the rights of nonassociation of
employees, based on bona fide religious tenets or teachings
of a church or religious body of which such employee is a
member. Such employee must pay an amount of money
equivalent to regular union dues and initiation fees and
assessments, if any, to a nonreligious charity or to another
charitable organization mutually agreed upon by the employ[Title 49 RCW—page 74]
ee affected and the representative of the labor organization
to which such employee would otherwise pay dues. The
employee shall furnish written proof that this has been done.
If the employee and representative of the labor organization
do not reach agreement on the matter, the department shall
designate such organization. [1973 2nd ex.s. c 3 § 1; 1972
ex.s. c 156 § 1.]
49.66.020 Definitions. As used in this chapter:
(1) "Health care activity" includes any hospital, nursing
home, institution, agency or establishment, exclusive of those
operated by the state, its municipalities, or political subdivisions, having for one of its principal purposes the preservation of health or the care of sick, aged or infirm persons.
(2) "Bargaining unit" includes any group of employees
of a health care activity having substantially common
interests with respect to working conditions. The composition of a bargaining unit may be determined by common
consent between an employer and its employees, or, in the
event either party shall apply to the director of labor and
industries for a determination of the composition of a
bargaining unit, it shall be determined by the director of
labor and industries or his delegated representative. No
bargaining unit shall be found appropriate if it includes
guards together with other employees.
(3) "Employee" includes any registered nurse or licensed
practical nurse or service personnel performing services for
wages for a health care activity. The term shall not apply to
a member of a religious order assigned to a health care
activity by the order as a part of his obligations to it; nor
shall it apply to persons performing services in connection
with healing by prayer or spiritual means alone in accordance with the tenets and practices of recognized church or
religious denominations by adherents thereof; nor shall it
apply to supervisors.
(4) "Employer" includes any person, agency, corporation, company or other organization engaged in the operation
of a health care activity, whether for profitable or charitable
purposes.
(5) "Supervisor" means any individual having authority,
in the interest of the employer, to hire, transfer, suspend, lay
off, recall, promote, discharge, assign, reward, or discipline
other employees, or responsibly to direct them, or to adjust
their grievances, or effectively to recommend such action, if
in connection with the foregoing the exercise of such
authority is not of a merely routine or clerical nature, but
requires the use of independent judgment. Supervisor
includes registered nurses only if administrative supervision
is his or her primary duty and activity.
(6) "Guard" means any individual employed as a guard
to enforce against employees and other persons rules to
protect property of the employer or to protect the safety of
persons on the employer’s premises.
(7) "Director" means the director of the department of
labor and industries.
(8) "Department" means the department of labor and
industries. [1973 2nd ex.s. c 3 § 2; 1972 ex.s. c 156 § 2.]
49.66.030 Bargaining unit. An employee association
shall be deemed the properly designated representative of a
bargaining unit when it can show evidence that bargaining
(2002 Ed.)
Health Care Activities
rights have been assigned to it by a majority of the employees in the bargaining unit. Should questions arise concerning
the representative status of any employee organization
claiming to represent a bargaining unit of employees, upon
petition by such an organization, it shall be the duty of the
director, acting by himself or through a designee to investigate and determine the composition of the organization. Any
organization found authorized by not less than thirty percent
of the employees of a bargaining unit shall be eligible to
apply for an election to determine its rights to represent the
unit. If more than one organization shall claim to represent
any unit, the director, or his designee, may conduct an
election by secret ballot to determine which organization
shall be authorized to represent the unit. In order to be
certified as a bargaining representative, an employee organization must receive, in a secret ballot election, votes from a
majority of the employees who vote in the election, except
that nothing in this section shall prohibit the voluntary
recognition of a labor organization as a bargaining representative by an employer upon a showing of reasonable proof
of majority. In any election held pursuant to this section,
there shall be a choice on the ballot for employees to
designate that they do not wish to be represented by any
bargaining representative. No representation election shall
be directed in any bargaining unit or any subdivision thereof
within which, in the preceding twelve-month period, a valid
election has been held. Thirty percent of the employees of
an employer may file a petition for a secret ballot election to
ascertain whether the employee organization which has been
certified or is currently recognized by their employer as their
bargaining representative is no longer their bargaining
representative.
No employee organization shall be certified as the
representative of employees in a bargaining unit of guards,
if such organization admits to membership, or is affiliated
directly or indirectly with an organization which admits to
membership, employees other than guards. The determination shall be based upon a plurality of votes cast in such
election, and shall remain in effect for a period of not less
than one year. In determining appropriate bargaining units,
the director shall limit such units to groups consisting of
registered nurses, licensed practical nurses or service
personnel: PROVIDED, HOWEVER, That if a majority of
each such classification desires inclusion within a single
bargaining unit, they may combine into a single unit. [1973
2nd ex.s. c 3 § 3; 1972 ex.s. c 156 § 3.]
49.66.040 Unfair labor practice by health care
activity. It shall be deemed an unfair labor practice, and
unlawful, for any health care activity to:
(1) Interfere with, restrain or coerce employees in any
manner in the exercise of their right of self-organization:
PROVIDED, That the expressing of any views, argument, or
opinion, or the dissemination thereof, whether in written,
printed, graphic or visual form, shall not constitute or be
evidence of an unfair labor practice under any of the
provisions of this chapter, if such expression contains no
threat of reprisal or force or promise of benefit;
(2) Initiate, create, dominate, contribute to or interfere
with the formation or administration of any employee
organization having bargaining as one of its functions;
(2002 Ed.)
49.66.030
(3) Discriminate in regard to hire, terms, or conditions
of employment in order to discourage membership in any
employee organization having collective bargaining as one
of its functions;
(4) Refuse to meet and bargain in good faith with the
duly designated representatives of an appropriate bargaining
unit of employees; and it shall be a requirement of good
faith bargaining that the parties be willing to reduce to
writing, and have their representatives sign, any agreement
arrived at through negotiation and discussion. [1972 ex.s. c
156 § 4.]
49.66.050 Unfair labor practice by employee
organization or agent. It shall be an unfair labor practice
and unlawful, for any employee organization or its agent to:
(1) Restrain or coerce (a) employees in the exercise of
their right to refrain from self-organization, or (b) an
employer in the selection of its representatives for purposes
of collective bargaining or the adjustment of grievances;
(2) Cause or attempt to cause an employer to discriminate against an employee in violation of subsection (3) of
RCW 49.66.040 or to discriminate against an employee with
respect to whom membership in such organization has been
denied or terminated on some ground other than his failure
to tender the periodic dues and initiation fees uniformly
required as a condition of acquiring or retaining membership;
(3) Refuse to meet and bargain in good faith with an
employer, provided it is the duly designated representative of
the employer’s employees for purposes of collective bargaining;
(4) Require of employees covered by a union security
agreement the payment, as a condition precedent to becoming a member of such organization, of a fee in an amount
which the director finds excessive or discriminatory under all
the circumstances. In making such a finding, the director
shall consider, among other relevant factors, the practices
and customs of labor organizations in the particular industry,
and the wages currently paid to the employees affected;
(5) Cause or attempt to cause an employer to pay or
deliver or agree to pay or deliver any money or other thing
of value, in the nature of an exaction, for services which are
not performed or not to be performed;
(6) Enter into any contract or agreement, express or
implied, whereby an employer or other person ceases or
refrains, or agrees to cease or refrain, from handling, using,
selling, transporting or otherwise dealing in any of the
products or services of any other employer or person, or to
cease doing business with any other employer or person, and
any such contract or agreement shall be unenforceable and
void; or
(7) Engage in, or induce or encourage any individual
employed by any employer or to engage in, an activity
prohibited by RCW 49.66.060. [1973 2nd ex.s. c 3 § 4;
1972 ex.s. c 156 § 5.]
49.66.060 Strike and picketing. No employee
organization, bargaining representative, person or employee
shall authorize, sanction, engage in, or participate in a strike
(including but not limited to a concerted work stoppage of
any kind, concerted slowdown or concerted refusal or failure
to report for work or perform work) or picketing against an
[Title 49 RCW—page 75]
49.66.060
Title 49 RCW: Labor Regulations
employer under any circumstances, whether arising out of a
recognition dispute, bargaining impasse or otherwise:
PROVIDED, That nothing in this section shall prohibit
picketing or other publicity for the sole purpose of truthfully
advising the public of the existence of a dispute with the
employer, unless an effect of such picketing or other
publicity is (a) to induce any employee of the employer or
any other individual, in the course of his employment, not to
pick up, deliver or transfer goods, not to enter the
employer’s premises, or not to perform services; or (b) to
induce such an employee or individual to engage in a strike.
[1972 ex.s. c 156 § 6.]
49.66.070 Relief from unfair labor practice—
Actions—Remedial orders. The director or any employee
organization qualified to apply for an election under RCW
49.66.030 as now or hereafter amended or any employer
may maintain in its name or in the name of its members
legal action in any county in which jurisdiction of the
employer or employee organization may be obtained, to seek
relief from the commission of an unfair labor practice:
PROVIDED, That such employer or employee organization
exhausts the administrative remedies under rules and regulations promulgated by the department prior to seeking such
court action.
The department is empowered and directed to prevent
any unfair labor practice and to issue appropriate remedial
orders. Any party aggrieved by any remedial order is
entitled to the judicial review thereof in accordance with the
provisions of chapter 34.05 RCW. [1973 2nd ex.s. c 3 § 5;
1972 ex.s. c 156 § 7.]
49.66.080 Rules and regulations—Procedures. The
director shall have the power to make such rules and
regulations not inconsistent with this chapter, including the
establishment of procedures for the hearing and determination of charges alleging unfair labor practices, and for a
determination on application by either party when an
impasse has arisen, and as he shall determine are necessary
to effectuate its purpose and to enable him to carry out its
provisions. [1973 2nd ex.s. c 3 § 6; 1972 ex.s. c 156 § 8.]
49.66.090 Board of arbitration—Members—
Selection—Chairman. In the event that a health care
activity and an employees’ bargaining unit shall reach an
impasse, the matters in dispute shall be submitted to a board
of arbitration composed of three arbitrators for final and
binding resolution. The board shall be selected in the
following manner: Within ten days, the employer shall
appoint one arbitrator and the employees shall appoint one
arbitrator. The two arbitrators so selected and named shall
within ten days agree upon and select the name of a third
arbitrator who shall act as chairman. If, upon the expiration
of the period allowed therefor the arbitrators are unable to
agree on the selection of a third arbitrator, such arbitrator
shall be appointed at the request of either party in accordance with the provisions of RCW 7.04.050 and he shall act
as chairman of the arbitration board. [1973 2nd ex.s. c 3 §
7; 1972 ex.s. c 156 § 9.]
[Title 49 RCW—page 76]
49.66.100 Board of arbitration—Hearings—
Findings. The arbitration board, acting through its chairman, shall call a hearing to be held within ten days after the
date of the appointment of the chairman. The board shall
conduct public or private hearings. Reasonable notice of
such hearings shall be given to the parties who shall appear
and be heard either in person or by counsel or other representative. Hearings shall be informal and the rules of
evidence prevailing in judicial proceedings shall not be
binding. A recording of the proceedings shall be taken.
Any oral or documentary evidence and other data deemed
relevant by the board may be received in evidence. The
board shall have the power to administer oaths, require the
attendance of witnesses, and the production of such books,
papers, contracts, agreements and documents as may be
deemed by the board material to a just determination of the
issues in dispute and to issue subpoenas. If any person
refuses to obey such subpoena or refuses to be sworn to
testify, or any witness, party or attorney is guilty of any
contempt while in attendance at any hearing held hereunder,
the board may invoke the jurisdiction of any superior court
and such court shall have jurisdiction to issue an appropriate
order. A failure to obey such order may be punished by the
court as a contempt thereof. The hearing conducted by the
arbitrators shall be concluded within twenty days of the time
of commencement and, within ten days after conclusion of
the hearings, the arbitrator shall make written findings and
a written opinion upon the issues presented, a copy of which
shall be mailed or otherwise delivered to the employees’
negotiating agent or its attorney or other designated representative and to the employer or the employer’s attorney or
designated representative. The determination of the dispute
made by the board shall be final and binding upon both parties. [1972 ex.s. c 156 § 10.]
49.66.110 Board of arbitration—Standards or
guidelines. In making its determination, the board of
arbitrators shall be mindful of the legislative purpose
enumerated in RCW 49.66.010 and as additional standards
or guidelines to aid it in reaching a decision, it shall take
into consideration the following factors:
(1) Wage rates or other conditions of employment of the
health care activity in question as compared with prevailing
wage rates or other conditions of employment in the local
operating area involved.
(2) Wage rates or other working conditions as compared
with wage rates or other working conditions maintained for
the same or similar work of workers in the local area.
(3) The overall compensation of employees having
regard not only to wages for time actually worked but also
for time not actually worked, including vacations, holidays
and other excused time and for all fringe benefits received.
(4) Interest and welfare of the public.
(5) Comparison of peculiarities of employment in regard
to other comparable trades or professions, specifically:
(a) Physical qualifications.
(b) Educational qualifications.
(c) Job training and skills.
(6) Efficiency of operation of the health care activity.
[1972 ex.s. c 156 § 11.]
(2002 Ed.)
Health Care Activities
49.66.120 Arbitrator—Compensation—Expenses.
The arbitrator so selected by the parties shall be paid at the
daily rate or rates not to exceed the usual or customary rates
paid to arbitrators in addition to travel expenses at the rates
provided in RCW 43.03.050 and 43.03.060 as now existing
or hereafter amended. Such sums together with all expenses
of the hearing shall be borne equally by the parties to the
arbitration proceedings. [1975-’76 2nd ex.s. c 34 § 147;
1973 2nd ex.s. c 3 § 8; 1972 ex.s. c 156 § 12.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
49.66.900 Severability—1972 ex.s. c 156. If any
portion of this chapter, or its application to any particular
health care activity or class of health care activity, should be
held invalid, the remainder of the chapter, or its application
to other health care activities, or other classes thereof, shall
not be affected. [1972 ex.s. c 156 § 13.]
Chapter 49.70
WORKER AND COMMUNITY
RIGHT TO KNOW ACT
Sections
49.70.010
49.70.020
49.70.100
49.70.105
49.70.110
49.70.115
49.70.119
49.70.140
49.70.150
49.70.160
49.70.165
49.70.170
49.70.175
49.70.177
49.70.180
49.70.190
49.70.200
49.70.210
49.70.900
49.70.905
Legislative findings.
Definitions.
Employee may request workplace survey or material safety
data sheet.
Foreign language translation of written materials.
Discharge or discipline of employee prohibited—Application
of discrimination statutes.
Agricultural employees—Information and training on hazardous chemicals.
Agricultural employees—Pesticides—Records.
Educational brochures and public service announcements.
Civil action authorized.
Request for additional information—Confidentiality.
Trade secret exemptions.
Worker and community right to know fund—Employer
assessments—Audits—Appeal of assessment.
Worker and community right to know fund—Expenditure—
Disbursements.
Penalties for late payment of fees—Collection of fees and
penalties.
Application of enforcement and administrative procedures of
Washington industrial safety and health act.
Compliance with chapter—Notice—Fines—Injunctive relief.
Adoption of rules.
Application of chapter to consumer products.
Short title.
Severability—1984 c 289.
49.70.010 Legislative findings. The legislature finds
and declares that the proliferation of hazardous substances in
the environment poses a growing threat to the public health,
safety, and welfare; that the constantly increasing number
and variety of hazardous substances, and the many routes of
exposure to them make it difficult and expensive to monitor
adequately and detect any adverse health effects attributable
thereto; that individuals themselves are often able to detect
and thus minimize effects of exposure to hazardous substances if they are aware of the identity of the substances and the
early symptoms of unsafe exposure; and that individuals
have an inherent right to know the full range of the risks
they face so that they can make reasoned decisions and take
(2002 Ed.)
49.66.120
informed action concerning their employment and their
living conditions.
The legislature further declares that local health, fire,
police, safety, and other government officials require detailed
information about the identity, characteristics, and quantities
of hazardous substances used and stored in communities
within their jurisdictions, in order to plan adequately for, and
respond to, emergencies, enforce compliance with applicable
laws and regulations concerning these substances, and to
compile records of exposures to hazardous substances over
a period of time that will facilitate the diagnosis, treatment,
and prevention of disease.
The legislature further declares that the extent of the
toxic contamination of the air, water, and land in this state
has caused a high degree of concern among its residents and
that much of this concern is needlessly aggravated by the
unfamiliarity of these substances to residents.
The legislature therefore determines that while these
substances have contributed to the high quality of life we
enjoy in our state, it is in the public interest to establish a
comprehensive program for the disclosure of information
about hazardous substances in the workplace and the
community, and to provide a procedure whereby residents of
this state may gain access to this information. [1984 c 289
§ 2.]
49.70.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of labor and
industries.
(2) "Employee" means an employee of an employer who
is employed in the business of his or her employer whether
by way of manual labor or otherwise and every person in
this state who is engaged in the employment of or who is
working under an independent contract the essence of which
is personal labor for an employer under this chapter whether
by way of manual labor or otherwise. However, for the
purposes of this chapter, employee shall not mean immediate
family members of the officers of any corporation, partnership, sole proprietorship or other business entity or officers
of any closely held corporation engaged in agricultural
production of crops or livestock.
(3) "Employer" means any person, firm, corporation,
partnership, business trust, legal representative, or other
business entity that engages in any business, industry,
profession, or activity in this state and employs one or more
employees or who contract with one or more persons, the
essence of which is the personal labor of such person or
persons and includes the state, counties, cities, and all
municipal corporations, public corporations, political subdivisions of the state, and charitable organizations. [1985 c 409
§ 1.]
49.70.100 Employee may request workplace survey
or material safety data sheet. An employee or employee
representative may request, in writing, from the employer, a
copy of a workplace survey or a material safety data sheet,
filed pursuant to this chapter for the employee’s work area.
The employer shall supply this material within three working
days of the request. This section shall not apply to employ[Title 49 RCW—page 77]
49.70.100
Title 49 RCW: Labor Regulations
ees of vessels while the employees are on the water. [1989
c 11 § 22; 1984 c 289 § 15.]
Severability—1989 c 11: See note following RCW 9A.56.220.
49.70.105 Foreign language translation of written
materials. (1) The department shall prepare and make
available to employers or the public, upon request, a translation in any of the five most common foreign languages
used in the workplace, of a written hazard communication
program, a material safety data sheet, or written materials
prepared by the department to inform employees of their
rights relating to hazard communication standards under this
chapter and chapter 49.17 RCW.
(2) An employer employing employees who have
trouble communicating in English shall make reasonable
efforts to post any notices in the employees’ native languages as provided by the department. [1985 c 409 § 2.]
49.70.110 Discharge or discipline of employee
prohibited—Application of discrimination statutes. No
employer may discharge, cause to be discharged, or otherwise discipline, penalize, or discriminate against any employee because the employee or the employee’s representative
has exercised any right established in this chapter. The
discrimination provisions of chapter 49.17 RCW apply to
this chapter. [1984 c 289 § 16.]
49.70.115 Agricultural employees—Information and
training on hazardous chemicals. (1) An employer shall
provide employees engaged in agricultural production of
crops or livestock or agricultural services with information
and training on hazardous chemicals in their workplace at
the time of their initial assignment, and whenever a new
hazard is introduced into their work area, such instruction
shall be tailored to the types of hazards to which the
employees will be exposed. Seasonal and temporary
employees who are not exposed to hazardous chemicals in
their work area need not be trained.
(2) Employers shall maintain any material safety data
sheets that are received with incoming shipments of hazardous chemicals, and ensure that they are accessible to
agricultural employees upon request.
(3) Employers shall ensure that labels on incoming
containers of hazardous chemicals are not removed or
defaced. [1985 c 409 § 3.]
49.70.119 Agricultural employees—Pesticides—
Records. (1) An employer who applies pesticides in
connection with the production of an agricultural crop, or
who causes pesticides to be applied in connection with such
production, shall keep records for each application, which
shall include the following information:
(a) The location of the land where the pesticide was
applied or site where the pesticide was stored;
(b) The year, month, day, and time the pesticide was
applied;
(c) The product name used on the registered label and
the United States environmental protection agency registration number, if applicable, of the pesticide that was applied
or stored;
(d) The crop or site to which the pesticide was applied;
[Title 49 RCW—page 78]
(e) The amount of pesticide applied per acre, or other
appropriate measure;
(f) The concentration of pesticide that was applied;
(g) The number of acres, or other appropriate measure,
to which pesticide was applied;
(h) If applicable, the licensed applicator’s name,
address, and telephone number and the name of the individual or individuals making the application;
(i) The direction and estimated velocity of the wind at
the time the pesticide was applied: PROVIDED, That this
subsection (i) shall not apply to applications of baits in bait
stations and pesticide applications within structures; and
(j) Any other reasonable information required by the
director.
(2) The records shall be updated on the same day that
a pesticide is applied. If the employer has been provided a
copy of a pesticide application record under RCW
17.21.100(2)(b), the copy may be used as the record of the
pesticide application required under this section. The
employer shall maintain and preserve the pesticide application records for no less than seven years from the date of the
application of the pesticide to which the records refer.
(3) The pesticide application records shall be readily
accessible to the employer’s employees and their designated
representatives in a central location in the workplace
beginning on the day the application is made and for at least
thirty days following the application. The employee or
representative shall be entitled to view the pesticide application records and make his or her own record from the
information contained in the application records. New or
newly assigned employees shall be made aware of the
accessibility of the application records before working with
pesticides or in a work area containing pesticides.
(4)(a) An employer subject to this section who stores
pesticides shall at least once in each calendar year perform
an inventory of the pesticides stored in any work area. The
pesticide inventory records shall include the following
information:
(i) The location of the site where the pesticide is stored;
(ii) The year, month, day, and time the pesticide was
first stored;
(iii) The product name used on the registered label and
the United States environmental protection agency registration number, if applicable, of the pesticide that is stored; and
(iv) The amount of pesticide in storage at the time of
the inventory.
The inventory records shall be maintained and preserved for
no less than seven years.
(b) In addition to performing the annual pesticide
inventory required under this subsection, an employer shall
maintain a record of pesticide purchases made between the
annual inventory dates. In lieu of this purchase record, an
employer may obtain from distributors from whom pesticides
are purchased a statement obligating the distributor to
maintain the purchase records on behalf of the employer and
in satisfaction of the employer’s obligations under this
subsection. The director may require the submission of all
purchase records from employers or distributors, covering
the purchases during a specified period of time or in a
specified geographical area.
(5) If activities for which the records are maintained
cease, the records shall be filed with the department. If an
(2002 Ed.)
Worker and Community Right to Know Act
employer subject to this section is succeeded or replaced in
that function by another person, the person who succeeds or
replaces the employer shall retain the records as required by
this section but is not liable for violations committed by the
former employer under this chapter or rules adopted under
this chapter, including violations relating to the retention and
preservation of records.
(6)(a) The records required under this section shall be
readily accessible to the department for inspection. Copies
of the records shall be provided, on request, to: An employee or the employee’s designated representative in the case of
an industrial insurance claim filed under Title 51 RCW with
the department of labor and industries, treating health care
personnel, the pesticide incident reporting and tracking
review panel, or department representative. The designated
representative or treating health care personnel are not required to identify the employee represented or treated. The
department shall keep the name of any affected employee
confidential in accordance with RCW 49.17.080(1). When
a request for records is made under this subsection by
treating health care personnel and the record is required for
determining treatment, copies of the record shall be provided
immediately. For all other requests, copies of the records
shall be provided within seventy-two hours.
(b) Copies of records provided to any person or entity
under this subsection (6) shall, if so requested, be provided
or made available on a form adopted under subsection (10)
of this section. Information for treating health care personnel shall be made immediately available by telephone, if
requested, with a copy of the records provided within
twenty-four hours.
(c) If an employer has reason to suspect that an employee is ill or injured because of an exposure to one or more
pesticides, the employer shall immediately provide the
employee a copy of the relevant pesticide application
records.
(7) If a request for a copy of a record is made under
this section and the employer refuses to provide a copy, the
requester may notify the department of the request and the
employer’s refusal. Within seven working days, the department shall request that the employer provide the department
with all pertinent copies of the records, except that in a
medical emergency the request shall be made within two
working days. The employer shall provide copies of the
records to the department within twenty-four hours after the
department’s request.
(8) The department shall include inspection of the
records required under this section as part of any on-site
inspection of a workplace conducted under this chapter or
chapter 49.17 RCW. The inspection shall determine whether
the records are readily transferable to a form adopted by the
department, and readily accessible to employees. However,
no employer subject to a department inspection may be inspected under this subsection (8) more than once in any
calendar year, unless a previous inspection has found
recordkeeping violations. If recordkeeping violations are
found, the department may conduct reasonable multiple
inspections, pursuant to rules adopted by the department.
Nothing in this subsection (8) limits the department’s
inspection of records pertaining to pesticide-related injuries,
illnesses, fatalities, accidents, or complaints.
(2002 Ed.)
49.70.119
(9) If an employer has failed to maintain and preserve
the records or provide access to or copies of the records as
required under this section, the employer shall be subject to
penalties authorized under RCW 49.17.180.
(10) The department of labor and industries and the
department of agriculture shall jointly adopt, by rule, forms
that satisfy the information requirements of this section and
RCW 17.21.100. [1992 c 173 § 3; 1989 c 380 § 77.]
Effective dates—1992 c 173: See note following RCW 17.21.100.
Severability—1989 c 380: See RCW 15.58.942.
49.70.140 Educational brochures and public service
announcements. The department shall produce educational
brochures and public service announcements detailing
information available to citizens under this chapter. These
educational materials shall be sent to each county health
department. As necessary, the department shall provide
information needed to update these educational materials.
[1984 c 289 § 20.]
49.70.150 Civil action authorized. A person may
bring a civil action on his or her own behalf against a
manufacturer, supplier, employer, or user to compel compliance with the provisions of this chapter or any rule promulgated under this chapter subject to the provisions of Title 51
RCW. The superior court shall have jurisdiction over these
actions. The court may award costs of litigation to the
prevailing party, including reasonable attorney and expert
witness fees. [1984 c 289 § 21.]
49.70.160 Request for additional information—
Confidentiality. The department may request from an
employer submitting surveys to it further information
concerning the surveys, and the employer shall provide the
additional information upon the request. The employer may
require the department to provide reasons why further
information is needed and to sign an agreement protecting
the confidentiality of any additional information provided
under this section. [1984 c 289 § 23.]
49.70.165 Trade secret exemptions. (1) The department shall adopt rules in accordance with chapter 34.05
RCW establishing criteria for evaluating the validity of trade
secret claims and procedures for issuing a trade secret
exemption. Manufacturers or importers that make a trade
secret claim to the department must notify direct purchasers
if a trade secret claim has been made on a product being
offered for sale.
(2) If a trade secret claim exists, a manufacturer,
importer, or employer may require a written statement of
need or confidentiality agreement before the specific chemical identity of a hazardous substance is released. However,
if a treating physician or nurse determines that a medical
emergency exists and the specific chemical identity of a
hazardous substance is necessary for emergency or first aid
treatment, the manufacturer, importer, or employer shall
immediately disclose the specific chemical identity to that
treating physician or nurse, regardless of the existence of a
written statement of need or a confidentiality agreement.
The chemical manufacturer, importer, or employer may
require a written statement of need and confidentiality
[Title 49 RCW—page 79]
49.70.165
Title 49 RCW: Labor Regulations
agreement, as defined by rule, as soon as circumstances
permit.
(3) Any challenge to the denial of a trade secret claim
shall be heard by an administrative law judge in accordance
with chapter 34.05 RCW. [1985 c 409 § 4.]
49.70.170 Worker and community right to know
fund—Employer assessments—Audits—Appeal of assessment. (1) The worker and community right to know
fund is hereby established in the custody of the state treasurer. The department shall deposit all moneys received
under this chapter in the fund. Moneys in the fund may be
spent only for the purposes of this chapter following legislative appropriation. Disbursements from the fund shall be on
authorization of the director or the director’s designee.
During the 2001-2003 fiscal biennium, moneys in the fund
may also be used by the military department for the purpose
of assisting the state emergency response commission and
coordinating local emergency planning activities. The fund
is subject to the allotment procedure provided under chapter
43.88 RCW.
(2) The department shall assess each employer who
reported ten thousand four hundred or more worker hours in
the prior calendar year an annual fee to provide for the
implementation of this chapter. The department shall
promulgate rules establishing a fee schedule for all employers who reported ten thousand four hundred or more worker
hours in the prior calendar year and are engaged in business
operations having a standard industrial classification, as
designated in the standard industrial classification manual
prepared by the federal office of management and budget,
within major group numbers 01 through 08 (agriculture and
forestry industries), numbers 10 through 14 (mining industries), numbers 15 through 17 (construction industries),
numbers 20 through 39 (manufacturing industries), numbers
41, 42, and 44 through 49 (transportation, communications,
electric, gas, and sanitary services), number 75 (automotive
repair, services, and garages), number 76 (miscellaneous
repair services), number 80 (health services), and number 82
(educational services). The department shall establish the
annual fee for each employer who reported ten thousand four
hundred or more worker hours in the prior calendar year in
industries identified by this section, provided that fees
assessed shall not be more than two dollars and fifty cents
per full time equivalent employee. The annual fee shall not
exceed fifty thousand dollars. The fees shall be collected
solely from employers whose industries have been identified
by rule under this chapter. The department shall promulgate
rules allowing employers who do not have hazardous
substances at their workplace to request an exemption from
the assessment and shall establish penalties for fraudulent
exemption requests. All fees collected by the department
pursuant to this section shall be collected in a cost-efficient
manner and shall be deposited in the fund.
(3) Records required by this chapter shall at all times be
open to the inspection of the director, or his designee
including, the traveling auditors, agents or assistants of the
department provided for in RCW 51.16.070 and 51.48.040.
The information obtained from employer records under the
provisions of this section shall be subject to the same
confidentiality requirements as set forth in RCW 51.16.070.
[Title 49 RCW—page 80]
(4) An employer may appeal the assessment of the fee
or penalties pursuant to the procedures set forth in Title 51
RCW and accompanying rules except that the employer shall
not have the right of appeal to superior court as provided in
Title 51 RCW. The employer from whom the fee or penalty
is demanded or enforced, may however, within thirty days of
the board of industrial insurance appeal’s final order, pay the
fee or penalty under written protest setting forth all the
grounds upon which such fee or penalty is claimed to be
unlawful, excessive or otherwise improper and thereafter
bring an action in superior court against the department to
recover such fee or penalty or any portion of the fee or
penalty which was paid under protest.
(5) Repayment shall be made to the general fund of any
moneys appropriated by law in order to implement this
chapter. [2001 2nd sp.s. c 7 § 913; 1999 c 309 § 917; 1986
c 310 § 1; 1984 c 289 § 24.]
Severability—Effective date—2001 2nd sp.s. c 7: See notes
following RCW 43.320.110.
Severability—Effective date—1999 c 309: See notes following
RCW 41.06.152.
49.70.175 Worker and community right to know
fund—Expenditure—Disbursements. Funds in the worker
and community right to know fund established under RCW
49.70.170 may be spent by the department of ecology to
implement RCW 70.102.020 (1) through (3) following
legislative appropriation. Disbursements from the fund shall
be on authorization of the director of the department of ecology. [1985 c 410 § 5.]
49.70.177 Penalties for late payment of fees—
Collection of fees and penalties. If payment of any fee
assessed under RCW 49.70.170 is not received by the
department by the due date, there shall be assessed a penalty
of five percent of the amount of the fee. If the fee is not
received within thirty days after the due date, there shall be
assessed a total penalty of ten percent of the amount of the
fee. If the fee is not received within sixty days after the due
date, there shall be assessed a total penalty of twenty percent
of the amount of the fee. No penalty added may be less
than ten dollars. If a warrant is issued by the department for
the collection of fees, penalties, and interest, there shall be
an additional penalty of five percent of the amount of the
fee, but not less than five dollars nor more than one hundred
dollars. Warrants shall earn interest at the rate of one
percent per month, or fraction thereof, from and after the
date of entry of the warrant. The department may utilize the
procedures for collection of fees, penalties, and interest set
forth in Title 51 RCW. [1986 c 310 § 2.]
49.70.180 Application of enforcement and administrative procedures of Washington industrial safety and
health act. Unless reference is specifically made to another
chapter, this chapter shall be implemented and enforced
including penalties, violations, citations, and other administrative procedures pursuant to chapter 49.17 RCW. [1984 c
289 § 25.]
49.70.190 Compliance with chapter—Notice—
Fines—Injunctive relief. If a manufacturer, supplier,
(2002 Ed.)
Worker and Community Right to Know Act
employer, or user refuses or fails to provide the department
with any data sheets, workplace surveys, or other papers,
documents, or information required by this chapter, the
department may give written notice to the manufacturer,
supplier, employer, or user demanding immediate compliance. If the manufacturer, supplier, employer, or user fails
to begin to comply with the terms of the notice within
fourteen days of receipt, the department may levy a fine of
up to fifty dollars per affected employee per day, not to
exceed five thousand dollars per day from the final date for
compliance allowed by this section or by the department. In
any case where the noncompliance continues for more than
fifteen days or where the department determines the failure
to comply creates a potential health or safety hazard to
employees or hinders the department’s performance of its
duties under this chapter, the department may, in lieu of
levying a fine or further fines, petition the superior court of
Thurston county or the county where the manufacturer,
supplier, employer, or user is located for an order enjoining
the manufacturer, employer, supplier, or user from further
noncompliance and granting any other remedies that may be
appropriate. The court may award the department costs of
litigation, including attorney’s fees, if the department is the
prevailing party. [1984 c 289 § 26.]
49.70.200 Adoption of rules. Except as otherwise
provided in this chapter, the department, after consultation
with the department of agriculture, shall adopt any rules
necessary to carry out its responsibilities under this chapter.
[1984 c 289 § 27.]
49.70.210 Application of chapter to consumer
products. (1) It is the intent of the legislature that this
chapter shall not apply to products that are generally made
available to the noncommercial consumer: PROVIDED,
That such "consumer" products used by employees in the
workplace are used in substantially the same manner, form,
and concentration as they are used by noncommercial
consumers, and that the product exposure is not substantially
greater to the employee than to the noncommercial consumer
during normal and accepted use of that product.
(2) The department shall adopt rules in accordance with
chapter 34.05 RCW to implement this section. This section
shall not affect the department’s authority to implement and
enforce the Washington industrial safety and health act,
chapter 49.17 RCW, at least as effectively as the federal
occupational safety and health act. [1987 c 365 § 1.]
49.70.900 Short title. This chapter shall be known
and may be cited as the "worker and community right to
know act." [1984 c 289 § 1.]
49.70.905 Severability—1984 c 289. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1984 c 289 § 30.]
(2002 Ed.)
49.70.190
Chapter 49.74
AFFIRMATIVE ACTION
Sections
49.74.005
49.74.010
49.74.020
49.74.030
49.74.040
49.74.050
Legislative findings—Purpose.
Commission.
Affirmative action rules—Noncompliance—Notification—
Hearing.
Noncompliance—Conciliation—Order.
Failure to reach conciliation agreement—Administrative
hearing—Appeal.
Superior court—Remedies.
49.74.005 Legislative findings—Purpose. Discrimination because of race, creed, color, national origin, age, sex,
marital status, or the presence of any sensory, mental, or
physical handicap is contrary to the findings of the legislature and public policy. The legislature finds and declares
that racial minorities, women, persons in protected age
groups, persons with disabilities, Vietnam-era veterans, and
disabled veterans are underrepresented in Washington state
government employment.
The purpose of this chapter is to provide for enforcement measures for affirmative action within Washington
state government employment and institutions of higher
education in order to eliminate such underrepresentation.
[1985 c 365 § 7.]
49.74.010 Commission. As used in this chapter,
"commission" means the Washington state human rights
commission. [1985 c 365 § 8.]
49.74.020
Affirmative action rules—
Noncompliance—Notification—Hearing. If the commission reasonably believes that a state agency, an institution of
higher education, or the state patrol has failed to comply
with an affirmative action rule adopted under RCW
41.06.150 or 43.43.340, the commission shall notify the
director of the state agency, president of the institution of
higher education, or chief of the Washington state patrol of
the noncompliance, as well as the director of personnel. The
commission shall give the director of the state agency,
president of the institution of higher education, or chief of
the Washington state patrol an opportunity to be heard on
the failure to comply. [1993 c 281 § 57; 1985 c 365 § 9.]
Effective date—1993 c 281: See note following RCW 41.06.022.
49.74.030 Noncompliance—Conciliation—Order.
(Effective until July 1, 2004.) The commission in conjunction with the department of personnel or the state patrol,
whichever is appropriate, shall attempt to resolve the noncompliance through conciliation. If an agreement is reached
for the elimination of noncompliance, the agreement shall be
reduced to writing and an order shall be issued by the
commission setting forth the terms of the agreement. The
noncomplying state agency, institution of higher education,
or state patrol shall make a good faith effort to conciliate
and make a full commitment to correct the noncompliance
with any action that may be necessary to achieve compliance, provided such action is not inconsistent with the rules
adopted under RCW 41.06.150(19) and 43.43.340(5),
[Title 49 RCW—page 81]
49.74.030
Title 49 RCW: Labor Regulations
whichever is appropriate. [2002 c 354 § 245; 1993 c 281 §
58; 1985 c 365 § 10.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Effective date—1993 c 281: See note following RCW 41.06.022.
49.74.030 Noncompliance—Conciliation—Order.
(Effective July 1, 2004.) The commission in conjunction
with the department of personnel or the state patrol, whichever is appropriate, shall attempt to resolve the noncompliance through conciliation. If an agreement is reached for the
elimination of noncompliance, the agreement shall be
reduced to writing and an order shall be issued by the
commission setting forth the terms of the agreement. The
noncomplying state agency, institution of higher education,
or state patrol shall make a good faith effort to conciliate
and make a full commitment to correct the noncompliance
with any action that may be necessary to achieve compliance, provided such action is not inconsistent with the rules
adopted under RCW 41.06.150(6) and 43.43.340(5), whichever is appropriate. [2002 c 354 § 246; 2002 c 354 § 245;
1993 c 281 § 58; 1985 c 365 § 10.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
49.74.040 Failure to reach conciliation agreement—
Administrative hearing—Appeal. (Effective until July 1,
2004.) If no agreement can be reached under RCW
49.74.030, the commission may refer the matter to the
administrative law judge for hearing pursuant to RCW
49.60.250. If the administrative law judge finds that the
state agency, institution of higher education, or state patrol
has not made a good faith effort to correct the noncompliance, the administrative law judge shall order the state
agency, institution of higher education, or state patrol to
comply with this chapter. The administrative law judge may
order any action that may be necessary to achieve compliance, provided such action is not inconsistent with the rules
adopted under RCW 41.06.150(19) and 43.43.340(5),
whichever is appropriate.
An order by the administrative law judge may be
appealed to superior court. [2002 c 354 § 247; 1985 c 365
§ 11.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
49.74.040 Failure to reach conciliation agreement—
Administrative hearing—Appeal. (Effective July 1, 2004.)
If no agreement can be reached under RCW 49.74.030, the
commission may refer the matter to the administrative law
judge for hearing pursuant to RCW 49.60.250. If the
administrative law judge finds that the state agency, institution of higher education, or state patrol has not made a good
faith effort to correct the noncompliance, the administrative
law judge shall order the state agency, institution of higher
education, or state patrol to comply with this chapter. The
administrative law judge may order any action that may be
necessary to achieve compliance, provided such action is not
inconsistent with the rules adopted under RCW 41.06.150(6)
and 43.43.340(5), whichever is appropriate.
[Title 49 RCW—page 82]
An order by the administrative law judge may be
appealed to superior court. [2002 c 354 § 248; 2002 c 354
§ 247; 1985 c 365 § 11.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
49.74.050 Superior court—Remedies. If the superior
court finds that the state agency, institution of higher
education, or state patrol has not made a good faith effort to
correct the noncompliance, the court, in addition to any other
penalties and sanctions prescribed by law, shall order the
state agency, institution of higher education, or state patrol
to comply with this chapter. The court may require any
action deemed appropriate by the court which is consistent
with the intent of this chapter. [1985 c 365 § 12.]
Chapter 49.78
FAMILY LEAVE
Sections
49.78.005
49.78.010
49.78.020
49.78.030
49.78.040
49.78.050
49.78.060
49.78.070
49.78.080
49.78.090
49.78.100
49.78.110
49.78.120
49.78.130
49.78.140
49.78.150
49.78.160
49.78.170
49.78.180
49.78.190
49.78.200
49.78.900
49.78.901
Administration and enforcement of this chapter to cease
while federal family and medical leave act provides the
same or more family leave—Rights under RCW
49.78.070(1)(b) preserved—Enforcement.
Legislative findings.
Definitions.
Requirements—Limitation.
Notice to employer.
Requirements for confirmation—Second opinion.
Both parents with same employer.
Employee employment rights—Limitations.
Employee benefits.
Administration.
Additional rights—Remedies.
Collective bargaining agreements—Obligations and rights
not diminished.
Collective bargaining agreements—Application of chapter—
Grievance procedures.
Discrimination prohibited.
Complaint—Contents—Notice—Investigation.
Notice of infraction—Contents.
Notice of infraction—Service.
Notice of infraction—State agencies.
Appeal—Hearings—Decisions—Review—Appeal of final
decision.
Penalties.
Poster required.
Severability—1989 1st ex.s. c 11.
Effective date—1989 1st ex.s. c 11.
49.78.005 Administration and enforcement of this
chapter to cease while federal family and medical leave
act provides the same or more family leave—Rights
under RCW 49.78.070(1)(b) preserved—Enforcement. (1)
Except as provided in subsection (2) of this section, the
department shall cease to administer and enforce this chapter
beginning on July 27, 1997, and until the earlier of the
following dates:
(a) The effective date of the repeal of the federal family
and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3,
107 Stat. 6); or
(b) July 1st of the year following the year in which
amendments to the federal family and medical leave act of
1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6) take effect
that provide less family leave than is provided under RCW
49.78.030. In determining whether the federal law provides
(2002 Ed.)
Family Leave
49.78.005
the same or more leave, the department shall only consider
whether (i) the total period of leave allowed under the
amended federal law is twelve or more workweeks in a
twenty-four month period, and (ii) the types of leave
authorized under the amended federal law are similar to the
types authorized in this chapter.
(2) An employee’s right under RCW 49.78.070(1)(b) to
be returned to a workplace within twenty miles of the
employee’s workplace when leave commenced shall remain
in effect. The family leave required by U.S.C.
29.2612(a)(1)(A) and (B) of the federal family and medical
leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6)
shall be in addition to any leave for sickness or temporary
disability because of pregnancy or childbirth. The department shall enforce this subsection under RCW 49.78.140
through 49.78.190, except that an initial notice of infraction
shall state that the employer has thirty days in which to take
corrective action. No infraction or penalty may be assessed
if the employer complies with the requirements of the initial
notice of infraction. [1997 c 16 § 1.]
transfers employees among workplaces; and (b) the state,
state institutions, and state agencies.
(5) "Family leave" means leave from employment to
care for a newborn or newly adopted child under the age of
six or a child under eighteen years old with a terminal health
condition, as provided in RCW 49.78.030.
(6) "Health care provider" means a person licensed as
a physician under chapter 18.71 RCW or an osteopathic
physician and surgeon under chapter 18.57 RCW.
(7) "Parent" means a biological or adoptive parent, or a
stepparent.
(8) "Reduced leave schedule" means leave scheduled for
fewer than an employee’s usual number of hours or days per
workweek.
(9) "Terminal health condition" means a condition
caused by injury, disease, or illness, that, within reasonable
medical judgment, is incurable and will produce death within
the period of leave to which the employee is entitled. [1996
c 178 § 14; 1989 1st ex.s. c 11 § 2.]
49.78.010 Legislative findings. The legislature finds
that the demands of the workplace and of families need to be
balanced to promote family stability and economic security.
Changes in workplace leave policies are desirable to accommodate changes in the work force such as rising numbers of
dual-career couples and working single parents. In addition,
given the mobility of American society, many people no
longer have available community or family support networks
and therefore need additional flexibility in the workplace.
The legislature declares it to be in the public interest to
provide reasonable family leave upon the birth or adoption
of a child and to care for a child under eighteen years old
with a terminal health condition. [1989 1st ex.s. c 11 § 1.]
49.78.030 Requirements—Limitation. (1) An
employee is entitled to twelve workweeks of family leave
during any twenty-four month period to: (a) Care for a
newborn child or adopted child of the employee who is
under the age of six at the time of placement for adoption,
or, (b) care for a child under eighteen years old of the
employee who has a terminal health condition. Leave under
subsection (1)(a) of this section shall be completed within
twelve months after the birth or placement for adoption, as
applicable. An employee is entitled to leave under subsection (1)(b) of this section only once for any given child.
(2) Family leave may be taken on a reduced leave
schedule subject to the approval of the employer.
(3) The leave required by this section may be unpaid.
If an employer provides paid family leave for fewer than
twelve workweeks, the additional workweeks of leave added
to attain the twelve-workweek total may be unpaid. An
employer may require an employee to first use up the
employee’s total accumulation of leave to which the employee is otherwise entitled before going on family leave;
however, except as provided in subsection (4) of this section,
nothing in this section requires more than twelve total
workweeks of leave during any twenty-four month period.
An employer is not required to allow an employee to use the
employee’s other leave in place of the leave provided under
this chapter.
(4) The leave required by this section is in addition to
any leave for sickness or temporary disability because of
pregnancy or childbirth.
(5) An employer may limit or deny family leave to
either: (a) Up to ten percent of the employer’s workforce in
the state designated as key personnel by the employer. Any
designation made under this section shall take effect thirty
days after it is issued and may be changed no more than
once in any twelve-month period. An employer shall not
designate key personnel on the basis of age or gender or for
the purpose of evading the requirements of this chapter. No
employee may be designated as key personnel after giving
notice of intent to take leave pursuant to RCW 49.78.040.
The designation shall be in writing and shall be displayed in
49.78.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Child" means a biological or adopted child, or a
stepchild, living with the employee.
(2) "Department" means the department of labor and
industries.
(3) "Employee" means a person other than an independent contractor employed by an employer on a continuous
basis for the previous fifty-two weeks for at least thirty-five
hours per week.
(4) "Employer" means: (a) Any person, firm, corporation, partnership, business trust, legal representative, or other
business entity which engages in any business, industry,
profession, or activity in this state and includes any unit of
local government including, but not limited to, a county,
city, town, municipal corporation, quasi-municipal corporation, or political subdivision, which (i) employed a daily
average of one hundred or more employees during the last
calendar quarter at the place where the employee requesting
leave reports for work, or (ii) employed a daily average of
one hundred or more employees during the last calendar
quarter within a twenty mile radius of the place where the
employee requesting leave reports for work, where the
employer maintains a central hiring location and customarily
(2002 Ed.)
Effective date—1996 c 178: See note following RCW 18.35.110.
[Title 49 RCW—page 83]
49.78.030
Title 49 RCW: Labor Regulations
a conspicuous place; or (b) if the employer does not designate key personnel, the highest paid ten percent of the
employer’s employees in the state. [1989 1st ex.s. c 11 § 3.]
49.78.040 Notice to employer. (1) An employee
planning to take family leave under RCW 49.78.030(1)(a)
shall provide the employer with written notice at least thirty
days in advance of the anticipated date of delivery or
placement for adoption, stating the dates during which the
employee intends to take family leave. The employee shall
adhere to the dates stated in the notice unless:
(a) The birth is premature;
(b) The mother is incapacitated due to birth such that
she is unable to care for the child;
(c) The employee takes physical custody of the newly
adopted child at an unanticipated time and is unable to give
notice thirty days in advance; or
(d) The employer and employee agree to alter the dates
of family leave stated in the notice.
(2) In cases of premature birth, incapacity, or unanticipated placement for adoption referred to in subsection (1) of
this section, the employee must give notice of revised dates
of family leave as soon as possible but at least within one
working day of the birth or placement for adoption or
incapacitation of the mother.
(3) If family leave under RCW 49.78.030(1)(b) is
foreseeable, the employee shall provide the employer with
written notice at least fourteen days in advance of the
expected leave and shall make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of
the employer. If family leave under RCW 49.78.030(1)(b)
is not foreseeable fourteen or more days before the leave is
to take place, the employee shall notify the employer of the
expected leave as soon as possible, but at least within one
working day of the beginning of the leave.
(4) If the employee fails to give the notice required by
this section, the employer may reduce or increase the family
leave required by this chapter by three weeks. [1989 1st
ex.s. c 11 § 4.]
49.78.050 Requirements for confirmation—Second
opinion. (1) In the event of any dispute under this chapter
regarding premature birth, incapacitation of the mother,
maternity disability, or terminal condition of a child, an employer may require confirmation by a health care provider
of: (a) The date of the birth; (b) the date on which incapacity because of childbirth or disability because of pregnancy
or childbirth commenced or will probably commence, and its
probable duration; or (c) for family leave under RCW
49.78.030(1)(b), the fact that the child has a terminal health
condition.
(2) An employer may require, at the employer’s
expense, that the employee obtain the opinion of a second
health care provider selected by the employer concerning any
information required under subsection (1) of this section. If
the health care providers disagree on any factor which is
determinative of the employee’s eligibility for family leave,
the two health care providers shall select a third health care
provider, whose opinion, obtained at the employer’s expense,
shall be conclusive. [1989 1st ex.s. c 11 § 5.]
[Title 49 RCW—page 84]
49.78.060 Both parents with same employer. If both
parents of a child are employed by the same employer, they
shall together be entitled to a total of twelve workweeks of
family leave during any twenty-four month period, and leave
need be granted to only one parent at a time. [1989 1st ex.s.
c 11 § 6.]
49.78.070 Employee employment rights—
Limitations. (1) Subject to subsection (2) of this section, an
employee who exercises any right provided under RCW
49.78.030 shall be entitled, upon return from leave or during
any reduced leave schedule:
(a) To the same position held by the employee when the
leave commenced; or
(b) To a position with equivalent benefits and pay at a
workplace within twenty miles of the employee’s workplace
when leave commenced; or
(c) If the employer’s circumstances have so changed
that the employee cannot be reinstated to the same position,
or a position of equivalent pay and benefits, the employee
shall be reinstated in any other position which is vacant and
for which the employee is qualified.
(2) The entitlement under subsection (1) of this section
is subject to bona fide changes in compensation or work
duties, and does not apply if:
(a) The employee’s position is eliminated by a bona fide
restructuring, or reduction-in-force;
(b) The employee’s workplace is permanently or
temporarily shut down for at least thirty days;
(c) The employee’s workplace is moved to a location at
least sixty miles from the location of the workplace when
leave commenced;
(d) An employee on family leave takes another job; or
(e) The employee fails to provide timely notice of
family leave as required under RCW 49.78.040, or fails to
return on the established ending date of leave. [1989 1st
ex.s. c 11 § 7.]
49.78.080 Employee benefits. (1) The taking of leave
under this chapter shall not result in the loss of any benefit,
including seniority or pension rights, accrued before the date
on which the leave commenced.
(2) Nothing in this chapter shall be construed to require
the employer to grant benefits, including seniority or pension
rights, during any period of leave.
(3) All policies applied during the period of leave to the
classification of employees to which the employee on leave
belongs shall apply to the employee on leave.
(4) During any period of leave taken under RCW
49.78.030, if the employee is not eligible for any employer
contribution to medical or dental benefits under an applicable
collective bargaining agreement or employer policy during
any period of leave, an employer shall allow the employee
to continue, at his or her own expense, medical or dental
insurance coverage, including any spouse and dependent
coverage, in accordance with state or federal law. The
premium to be paid by the employee shall not exceed one
hundred two percent of the applicable premium for the leave
period. [1989 1st ex.s. c 11 § 8.]
(2002 Ed.)
Family Leave
49.78.090 Administration. The department of labor
and industries shall administer the provisions of this chapter.
[1989 1st ex.s. c 11 § 9.]
49.78.100 Additional rights—Remedies. (1) Except
as provided in this chapter, the rights under this chapter are
in addition to any other rights provided by law. The
remedies under this chapter shall be exclusive.
(2) Nothing in this chapter shall be construed to
discourage employers from adopting policies which provide
greater leave rights to employees than those required by this
chapter. [1989 1st ex.s. c 11 § 10.]
49.78.110 Collective bargaining agreements—
Obligations and rights not diminished. (1) Nothing in this
chapter shall be construed to diminish an employer’s obligation to comply with any collective bargaining agreement or
any employment benefit program or plan which provides
greater leave rights to employees than the rights provided
under this chapter.
(2) The rights provided to employees under this chapter
may not be diminished by any collective bargaining agreement or any employment benefit program or plan entered
into or renewed after September 1, 1989. [1989 1st ex.s. c
11 § 11.]
49.78.120 Collective bargaining agreements—
Application of chapter—Grievance procedures. (1) In the
case of employees covered by an unexpired collective
bargaining agreement that expires on or after September 1,
1989, or by an employee benefit program or plan with a
stated year ending on or after September 1, 1989, the
effective date of this chapter shall be the later of: (a) The
first day following expiration of the collective bargaining
agreement; or (b) the first day of the next plan year.
(2) Notwithstanding the provisions of RCW 49.78.140
through *49.78.210, where this chapter has been incorporated
into a collective bargaining agreement, the grievance
procedures contained in the respective collective bargaining
agreement shall be used to resolve complaints related to this
chapter. [1989 1st ex.s. c 11 § 12.]
*Reviser’s note: RCW 49.78.210 was repealed by 1993 c 450 § 1.
49.78.130 Discrimination prohibited. No employer,
employment agency, labor union, or other person shall
discharge, expel, or otherwise discriminate against any
person because he or she has opposed any practices forbidden by this chapter, or because he or she has filed a complaint, testified, or assisted in any proceeding under this
chapter. [1989 1st ex.s. c 11 § 13.]
49.78.140 Complaint—Contents—Notice—
Investigation. (1) An employee who believes that his or her
employer has violated any provision of this chapter may file
a complaint with the department within ninety days of the
alleged violation. The complaint shall contain the following:
(a) The name and address of the employee making the
complaint;
(b) The name, address, and telephone number of the
employer against whom the complaint is made;
(2002 Ed.)
49.78.090
(c) A statement of the specific facts which constitute the
alleged violation, including the date(s) on which the alleged
violation occurred.
(2) Upon receipt of a complaint, the department shall
forward written notice of the complaint to the employer.
(3) The department may investigate any complaint filed
within the required time frame. If the department determines
that a violation of this chapter has occurred, it may issue a
notice of infraction. [1989 1st ex.s. c 11 § 14.]
49.78.150 Notice of infraction—Contents. The
department may issue a notice of infraction to an employer
who violates this chapter. The employment standards
supervisor shall direct that notices of infraction contain the
following when issued:
(1) A statement that the notice represents a determination that the infraction has been committed by the employer
named in the notice and that the determination shall be final
unless contested;
(2) A statement that the infraction is a noncriminal
offense for which imprisonment shall not be imposed as a
sanction;
(3) A statement of the specific violation which necessitated issuance of the infraction;
(4) A statement of the penalty involved if the infraction
is established;
(5) A statement informing the employer of the right to
a hearing conducted pursuant to chapter 34.05 RCW if
requested within twenty days of issuance of the infraction;
(6) A statement that at any hearing to contest the notice
of infraction the state has the burden of proving, by a
preponderance of the evidence, that the infraction was
committed, and that the employer may subpoena witnesses
including the agent that issued the notice of infraction;
(7) If a notice of infraction is personally served upon a
supervisory or managerial employee of a firm or corporation,
the department shall within seventy-two hours of service
send a copy of the notice by certified mail to the employer;
(8) Constructive service may be made by certified mail
directed to the employer named in the notice of infraction.
[1989 1st ex.s. c 11 § 15.]
49.78.160 Notice of infraction—Service. (1) If an
employer is a corporation or a partnership, the department
need not serve the employer personally. In such a case, if
no officer or partner of a violating employer is present, the
department may issue a notice of infraction to any managerial employee.
(2) If the department serves a notice of infraction on a
managerial employee, and not on an officer, or partner of the
employer, the department shall mail by certified mail a copy
of the notice of infraction to the employer. The department
shall mail a second copy by ordinary mail. [1989 1st ex.s.
c 11 § 16.]
49.78.170 Notice of infraction—State agencies. In
any case in which the department shall issue an order against
any political or civil subdivision of the state, or any agency,
or instrumentality of the state or of the foregoing, or any
officer or employee thereof, the department shall transmit a
copy of such order to the governor of the state. The
[Title 49 RCW—page 85]
49.78.170
Title 49 RCW: Labor Regulations
governor shall take such action to secure compliance with
such order as the governor deems necessary. [1989 1st ex.s.
c 11 § 17.]
49.78.180 Appeal—Hearings—Decisions—Review—
Appeal of final decision. (1) If an employer desires to
contest the notice of infraction issued, the employer shall file
two copies of a notice of appeal with the department at the
office designated on the notice of infraction, within twenty
days of issuance of the infraction.
(2) The department shall conduct a hearing in accordance with chapter 34.05 RCW.
(3) Employers may appear before the administrative law
judge through counsel, or may represent themselves. The
department shall be represented by the attorney general.
(4) Admission of evidence is subject to RCW 34.05.452
and 34.05.446.
(5) The administrative law judge shall issue a proposed
decision that includes findings of fact, conclusions of law,
and if appropriate, any legal penalty. The proposed decision
shall be served by certified mail or personally on the
employer and the department. The employer or department
may appeal to the director within thirty days after the date
of issuance of the proposed decision. If none of the parties
appeals within thirty days, the proposed decision may not be
appealed either to the director or the courts.
(6) An appellant must file with the director an original
and four copies of its notice of appeal. The notice of appeal
must specify which findings and conclusions are erroneous.
The appellant must attach to the notice the written arguments
supporting its appeal.
The appellant must serve a copy of the notice of appeal
and the arguments on the other parties. The respondent
parties must file with the director their written arguments
within thirty days after the date the notice of appeal and the
arguments were served upon them.
(7) The director shall review the proposed decision in
accordance with the administrative procedure act, chapter
34.05 RCW. The director may: Allow the parties to present
oral arguments as well as the written arguments; require the
parties to specify the portions of the record on which the
parties rely; require the parties to submit additional information by affidavit or certificate; remand the matter to the
administrative law judge for further proceedings; and require
a departmental employee to prepare a summary of the record
for the director to review. The director shall issue a final
decision that can affirm, modify, or reverse the proposed
decision.
(8) The director shall serve the final decision on all
parties. Any aggrieved party may appeal the final decision
to superior court pursuant to RCW 34.05.570 unless the final
decision affirms an unappealed proposed decision. If no
party appeals within the period set by RCW 34.05.570, the
director’s decision is conclusive and binding on all parties.
[1989 1st ex.s. c 11 § 18.]
infraction. An employer found to have failed to reinstate an
employee as required under RCW 49.78.070 may also be
ordered to reinstate the employee, with or without back pay.
[1989 1st ex.s. c 11 § 19.]
49.78.200 Poster required. The department shall
develop and furnish to each employer a poster which
describes an employer’s obligations and an employee’s rights
under this chapter. The poster must include notice about any
state law, rule, or regulation governing maternity disability
leave and indicate that federal or local ordinances, laws,
rules or regulations may also apply. The poster must also
include a telephone number and an address of the department
to enable employees to obtain more information regarding
this chapter. Each employer must display this poster in a
conspicuous place. Nothing in this section shall be construed to create a right to continued employment. [1989 1st
ex.s. c 11 § 20.]
49.78.900 Severability—1989 1st ex.s. c 11. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1989 1st ex.s. c 11 § 25.]
49.78.901 Effective date—1989 1st ex.s. c 11. This
act shall take effect September 1, 1989. [1989 1st ex.s. c 11
§ 27.]
49.78.190 Penalties. An employer found to have
committed an infraction under this chapter may be subject to
a fine of up to two hundred dollars for the first infraction.
An employer that continues to violate the statute may be
subject to a fine of up to one thousand dollars for each
[Title 49 RCW—page 86]
(2002 Ed.)
Title 50
UNEMPLOYMENT COMPENSATION
Chapters
50.01
50.04
50.06
50.08
50.12
50.13
50.16
50.20
50.22
50.24
50.29
50.32
50.36
50.38
50.40
50.44
50.50
50.60
50.62
50.65
50.70
50.72
50.98
General provisions.
Definitions.
Temporary total disability.
Establishment of department.
Administration.
Records and information—Privacy and confidentiality.
Funds.
Benefits and claims.
Extended and additional benefits.
Contributions by employers.
Employer experience rating.
Review, hearings, and appeals.
Penalties.
Labor market information and economic
analysis.
Miscellaneous provisions.
Special coverage provisions.
Indian tribes.
Shared work compensation plans—Benefits.
Special employment assistance.
Washington service corps.
Programs for dislocated forest products
workers.
Youthbuild program.
Construction.
Bringing in out-of-state persons to replace employees involved in labor
dispute: RCW 49.44.100, 49.44.110.
Displaced homemaker act: Chapter 28B.04 RCW.
Industrial insurance: Title 51 RCW.
Job skills training program: RCW 28C.04.400 through 28C.04.420.
Unfair practices of employment agencies: RCW 49.60.200.
and his family. Social security requires protection against
this greatest hazard of our economic life. This can be
provided only by application of the insurance principle of
sharing the risks, and by the systematic accumulation of
funds during periods of employment to provide benefits for
periods of unemployment, thus maintaining purchasing
powers and limiting the serious social consequences of relief
assistance. The state of Washington, therefore, exercising
herein its police and sovereign power endeavors by this title
to remedy any widespread unemployment situation which
may occur and to set up safeguards to prevent its recurrence
in the years to come. The legislature, therefore, declares that
in its considered judgment the public good, and the general
welfare of the citizens of this state require the enactment of
this measure, under the police powers of the state, for the
compulsory setting aside of unemployment reserves to be
used for the benefit of persons unemployed through no fault
of their own, and that this title shall be liberally construed
for the purpose of reducing involuntary unemployment and
the suffering caused thereby to the minimum. [1945 c 35 §
2; Rem. Supp. 1945 § 9998-141. Prior: 1937 c 162 § 2.]
Chapter 50.04
DEFINITIONS
Sections
50.04.020
50.04.030
50.04.040
50.04.050
50.04.060
50.04.070
50.04.072
50.04.073
Chapter 50.01
GENERAL PROVISIONS
Sections
50.01.005
50.01.010
Short title.
Preamble.
50.04.075
50.04.080
50.04.090
50.04.100
50.04.110
50.04.115
50.04.116
50.01.005 Short title. This title shall be known and
may be cited as the "Employment Security Act." [1953 ex.s.
c 8 § 24; 1945 c 35 § 1; Rem. Supp. 1945 § 9998-140.]
50.04.120
50.04.125
50.01.010 Preamble. Whereas, economic insecurity
due to unemployment is a serious menace to the health,
morals and welfare of the people of this state; involuntary
unemployment is, therefore, a subject of general interest and
concern which requires appropriate action by the legislature
to prevent its spread and to lighten its burden which now so
often falls with crushing force upon the unemployed worker
50.04.148
(2002 Ed.)
50.04.140
50.04.145
50.04.150
50.04.155
50.04.160
50.04.165
50.04.170
50.04.180
Base year—Alternative base year.
Benefit year.
Benefits.
Calendar quarter.
Commissioner.
Contributions.
Contributions—"Contributions" and "payments in lieu of
contributions" as money payments and taxes due state.
Contributions—As including "payments in lieu of contributions"—Scope.
Dislocated worker.
Employer.
Employing unit.
Employment.
Employment—Situs of service.
Employment—Out-of-state service, election.
Employment—Out-of-state service, when included—
"American employer" defined.
Employment—Localized service.
Employment—Foreign degree-granting institutions—
Employee services localized in country of domicile.
Employment—Exception tests.
Employment—Services performed for contractor, when excluded.
Employment—Services performed by musician or entertainer.
Employment—Agricultural labor.
Service performed in agricultural labor for farm operator or
crew leader.
Employment—Domestic service.
Employment—Corporate officers—Election of coverage.
Employment—Maritime service.
Family employment.
[Title 50 RCW—page 1]
Chapter 50.04
Title 50 RCW: Unemployment Compensation
50.04.205
50.04.206
50.04.210
50.04.220
50.04.223
50.04.225
50.04.230
Services performed by aliens.
Employment—Nonresident alien.
Employment—Foreign governmental service.
Employment—Service covered by federal act.
Employment—Massage practitioner.
Employment—Barber and cosmetology services.
Employment—Services of insurance agent, broker, or solicitor, real estate broker or real estate salesman, and investment company agent or solicitor.
50.04.232 Employment—Travel services.
50.04.235 Employment—Outside salesman paid by commission.
50.04.240 Employment—Newsboy’s service.
50.04.245 Employment—Services performed for temporary services
agency, employee leasing agency, or services referral
agency.
50.04.255 Employment—Appraisal practitioner services.
50.04.265 Employment—Indian tribes.
50.04.270 Employment—Casual labor.
50.04.280 Employment—"Pay period" determination.
50.04.290 Employment office.
50.04.293 Misconduct.
50.04.295 Payments in lieu of contributions.
50.04.300 State.
50.04.310 Unemployed individual—Individual deemed not "unemployed."
50.04.320 Wages, remuneration.
50.04.323 Wages, remuneration—Government or private retirement
pension plan payments—Effect upon eligibility—
Reduction in benefits.
50.04.330 Wages, remuneration—Retirement and disability payments
excepted.
50.04.340 Wages, remuneration—Death benefits excepted.
50.04.350 Wages, remuneration—Excepted payments.
50.04.355 Wages, remuneration—Average annual wage—Average
weekly wage—Average annual wage for contributions
purposes.
50.04.360 Week.
"Application for initial determination" defined: RCW 50.20.140.
"Claim for benefits" defined: RCW 50.20.140.
"Claim for waiting period" defined: RCW 50.20.140.
50.04.020 Base year—Alternative base year. "Base
year" with respect to each individual, shall mean either the
first four of the last five completed calendar quarters or the
last four completed calendar quarters immediately preceding
the first day of the individual’s benefit year.
For the purposes of establishing a benefit year, the
department shall initially use the first four of the last five
completed calendar quarters as the base year. If a benefit
year is not established using the first four of the last five
calendar quarters as the base year, the department shall use
the last four completed calendar quarters as the base year.
Computations using the last four completed calendar
quarters shall be based on available wage items processed as
of the close of business on the day preceding the date of
application. The department shall promptly contact employers to request assistance in obtaining wage information for
the last completed calendar quarter if it has not been
reported at the time of initial application. [1994 c 3 § 1;
1987 c 278 § 1; 1970 ex.s. c 2 § 1; 1945 c 35 § 3; Rem.
Supp. 1945 § 9998-142. Prior: 1943 c 127 § 13; 1939 c
214 § 19; 1937 c 162 § 19.]
Conflict with federal requirements—1994 c 3: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of
the conflict, and such finding or determination shall not affect the operation
of the remainder of this act. The rules under this act shall meet federal
[Title 50 RCW—page 2]
requirements that are a necessary condition to the receipt of federal funds
by the state or the granting of federal unemployment tax credits to
employers in this state." [1994 c 3 § 4.]
Severability—1994 c 3: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1994 c 3 § 5.]
Effective dates—1994 c 3: "(1) Section 1 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect April 3, 1994.
(2) Section 2 of this act is necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and shall take effect April 1, 1994.
(3) Section 3 of this act is necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and shall take effect immediately [February
26, 1994]." [1994 c 3 § 6.]
Effective date—1970 ex.s. c 2: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect April 5, 1970: PROVIDED, That sections 3 and 8 of this 1970
amendatory act shall not take effect until January 1, 1971." [1970 ex.s. c
2 § 25.]
50.04.030 Benefit year. "Benefit year" with respect
to each individual, means the fifty-two consecutive week
period beginning with the first day of the calendar week in
which the individual files an application for an initial determination and thereafter the fifty-two consecutive week
period beginning with the first day of the calendar week in
which the individual next files an application for an initial
determination after the expiration of the individual’s last
preceding benefit year: PROVIDED, HOWEVER, That the
foregoing limitation shall not be deemed to preclude the
establishment of a new benefit year under the laws of
another state pursuant to any agreement providing for the
interstate combining of employment and wages and the
interstate payment of benefits nor shall this limitation be
deemed to preclude the commissioner from backdating an
initial application at the request of the claimant either for the
convenience of the department of employment security or for
any other reason deemed by the commissioner to be good
cause.
An individual’s benefit year shall be extended to be
fifty-three weeks when at the expiration of fifty-two weeks
the establishment of a new benefit year would result in the
use of a quarter of wages in the new base year that had been
included in the individual’s prior base year.
No benefit year will be established unless it is determined that the individual earned wages in "employment" in
not less than six hundred eighty hours of the individual’s
base year: PROVIDED, HOWEVER, That a benefit year
cannot be established if the base year wages include wages
earned prior to the establishment of a prior benefit year
unless the individual worked and earned wages since the last
separation from employment immediately before the application for initial determination in the previous benefit year if
the applicant was an unemployed individual at the time of
application, or since the initial separation in the previous
benefit year if the applicant was not an unemployed individual at the time of filing an application for initial determination for the previous benefit year, of not less than six times
the weekly benefit amount computed for the individual’s
new benefit year.
(2002 Ed.)
Definitions
If an individual’s prior benefit year was based on the
last four completed calendar quarters, a new benefit year
shall not be established until the new base year does not
include any hours used in the establishment of the prior
benefit year.
If the wages of an individual are not based upon a fixed
duration of time or if the individual’s wages are paid at
irregular intervals or in such manner as not to extend
regularly over the period of employment, the wages for any
week shall be determined in such manner as the commissioner may by regulation prescribe. Such regulation shall, so far
as possible, secure results reasonably similar to those which
would prevail if the individual were paid his or her wages at
regular intervals. [1991 c 117 § 1; 1990 c 245 § 1. Prior:
1987 c 278 § 2; 1987 c 256 § 1; 1977 ex.s. c 33 § 1; 1973
c 73 § 1; 1970 ex.s. c 2 § 2; 1949 c 214 § 1; 1945 c 35 § 4;
Rem. Supp. 1949 § 9998-143; prior: 1943 c 127 § 13; 1939
c 214 § 19; 1937 c 162 § 19.]
Conflict with federal requirements—1991 c 117: "If any part of
this act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements which are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1991 c 117 § 5.]
Severability—1991 c 117: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1991 c 117 § 6.]
Effective dates—1991 c 117: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and sections 1 and
4 [of this act] shall take effect July 1, 1991, and section 3 [of this act] shall
take effect July 7, 1991, for new claims filed on or after July 7, 1991."
[1991 c 117 § 7.]
Conflict with federal requirements—1990 c 245: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements that are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1990 c 245 § 11.]
Effective dates—1990 c 245: "(1) Section 1 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and shall
take effect immediately [March 28, 1990].
(2) Sections 2, 3, and 6 through 9 of this act shall take effect on July
1, 1990." [1990 c 245 § 12.]
Effective dates—Construction—1977 ex.s. c 33: "The provisions of
this 1977 amendatory act are necessary for the immediate preservation of
the public peace, health and safety, the support of the state government and
its existing public institutions and shall take effect ninety days after
adjournment sine die of the 1977 Extraordinary Session (forty-fifth
legislature) of the Washington State Legislature: PROVIDED, That the first
paragraph of section 1 of this 1977 amendatory act shall take effect
immediately and the remaining portion of section 1 of this 1977 amendatory
act and all of section 2 of this 1977 amendatory act shall take effect
commencing with benefit years beginning on and after October 1, 1978;
section 7 of this 1977 amendatory act shall take effect commencing with
benefit years beginning on and after July 3, 1977." [1977 ex.s. c 33 § 11.]
Effective dates—1973 c 73: "Sections 7, 8, 10, 11, and 12 of this
1973 amendatory act are necessary for the immediate preservation of the
public peace, health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately [March 8,
(2002 Ed.)
50.04.030
1973]. Sections 1, 2, 3, 4, 5, 6, and 9 of this 1973 amendatory act shall
take effect on July 1, 1973." [1973 c 73 § 13.]
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
50.04.040 Benefits. "Benefits" means the compensation payable to an individual, as provided in this title, with
respect to his unemployment. [1945 c 35 § 5; Rem. Supp.
1945 § 9998-144. Prior: 1943 c 127 § 13; 1941 c 253 § 14;
1939 c 219 § 19; 1937 c 162 § 19.]
50.04.050 Calendar quarter. "Calendar quarter"
means the period of three consecutive calendar months
ending on March 31st, June 30th, September 30th, or
December 31st. [1945 c 35 § 6; Rem. Supp. 1945 § 9998145. Prior: 1943 c 127 § 13; 1939 c 214 § 19; 1937 c 162
§ 19.]
50.04.060 Commissioner. "Commissioner" means the
administrative head of the state employment security
department referred to in this title. [1947 c 215 § 1; 1945
c 35 § 7; Rem. Supp. 1947 § 9998-146. Prior: 1943 c 127
§ 13; 1941 c 253 § 14; 1939 c 214 § 19; 1937 c 162 § 19.]
50.04.070 Contributions. "Contributions" means the
money payments due to the state unemployment compensation fund as provided in RCW 50.24.010, to the federal
interest payment fund under RCW 50.16.070, or to the
special account in the administrative contingency fund under
RCW 50.24.014. [1985 ex.s. c 5 § 4; 1983 1st ex.s. c 13 §
9; 1971 c 3 § 1; 1951 c 215 § 1; 1945 c 35 § 8; Rem. Supp.
1945 § 9998-147. Prior: 1943 c 127 § 13; 1941 c 253 § 14;
1939 c 214 § 19; 1937 c 162 § 19.]
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
Conflict with federal requirements—1983 1st ex.s. c 13: See note
following RCW 50.16.010.
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.04.072 Contributions—"Contributions" and
"payments in lieu of contributions" as money payments
and taxes due state. The terms "contributions" and "payments in lieu of contributions" used in this title, whether
singular or plural, designate the money payments to be made
to the state unemployment compensation fund, to the federal
interest payment fund under RCW 50.16.070, or to the
special account in the administrative contingency fund under
RCW 50.24.014 and are deemed to be taxes due to the state
of Washington. [1985 ex.s. c 5 § 5; 1983 1st ex.s. c 13 §
10; 1971 c 3 § 3; 1959 c 266 § 8.]
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
Conflict with federal requirements—1983 1st ex.s. c 13: See note
following RCW 50.16.010.
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
Construction—1959 c 266: "The provisions of section 8 of this
amendatory act shall be construed as a restatement and continuation of
existing law, and not as a new enactment. It shall not be construed as
affecting any existing right acquired under its provisions nor as affecting
any proceeding instituted thereunder." [1959 c 266 § 9.]
[Title 50 RCW—page 3]
50.04.073
Title 50 RCW: Unemployment Compensation
50.04.073 Contributions—As including "payments
in lieu of contributions"—Scope. The term "contributions"
as used in this title shall be deemed to include "payments in
lieu of contributions" to the extent that such usage is
consistent with the purposes of this title. Such construction
shall include but not be limited to those portions of this title
dealing with assessments, interest, penalties, liens, collection
procedures and remedies, administrative and judicial review,
and the imposition of administrative, civil and criminal
sanctions. [1983 1st ex.s. c 23 § 1; 1971 c 3 § 4.]
Conflict with federal requirements—1983 1st ex.s. c 23: "If any
part of this act is found to be in conflict with federal requirements which are
a prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements which are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1983 1st ex.s. c 23 § 26.]
Effective dates—Construction—1983 1st ex.s. c 23: "(1) Sections
6, 8, 17, 18, 19, and 25 of this act are necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing institutions, and shall take effect as follows:
(a) Sections 17, 18, 19, and 25 of this act shall take effect on June 30,
1983;
(b) Sections 6 and 8 of this act shall take effect on July 3, 1983, and
shall be effective for benefit years commencing on or after that date.
(2) Sections 4 and 13 of this act shall take effect on October 1, 1983.
Sections 7, 11, and 12 of this act shall also take effect on October 1, 1983,
and shall be effective for all weeks of benefits paid on or after that date."
[1983 1st ex.s. c 23 § 27.]
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.04.075 Dislocated worker. "Dislocated worker"
means any individual who:
(1) Has been terminated or received a notice of termination from employment;
(2) Is eligible for or has exhausted entitlement to
unemployment compensation benefits; and
(3) Is unlikely to return to employment in the
individual’s principal occupation or previous industry
because of a diminishing demand for their skills in that
occupation or industry. [1984 c 181 § 1.]
Dislocated worker’s eligibility for benefits: RCW 50.20.043.
50.04.080 Employer. "Employer" means any individual or type of organization, including any partnership,
association, trust, estate, joint stock company, insurance
company, or corporation, whether domestic or foreign, or the
receiver, trustee in bankruptcy, trustee, or the legal representative of a deceased person, having any person in employment or, having become an employer, has not ceased to be
an employer as provided in this title. [1985 c 41 § 1; 1971
c 3 § 5; 1949 c 214 § 2; 1945 c 35 § 9; Rem. Supp. 1949 §
9998-148. Prior: 1943 c 127 § 13; 1941 c 253 § 14; 1939
c 214 § 19; 1937 c 162 § 19.]
Conflict with federal requirements—1985 c 41: "If any part of this
act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements which are a necessary condition to the receipt of
[Title 50 RCW—page 4]
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1985 c 41 § 2.]
Severability—1985 c 41: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 41 § 3.]
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.04.090 Employing unit. "Employing unit" means
any individual or any type of organization, including any
partnership, association, trust, estate, joint stock company,
insurance company, or corporation, whether domestic or
foreign, or the receiver, trustee in bankruptcy, trustee or
successor thereof, or the legal representative of a deceased
person, which has or subsequent to January 1, 1937, had in
its employ or in its "employment" one or more individuals
performing services within this state. The state and its
political subdivisions shall be deemed employing units as to
any transactions occurring on or after September 21, 1977
which would render an employing unit liable for contributions, interest, or penalties under RCW 50.24.130. "Employing unit" includes Indian tribes as defined in RCW
50.50.010. [2001 1st sp.s. c 11 § 1; 1983 1st ex.s. c 23 § 2;
1977 ex.s. c 73 § 1; 1947 c 215 § 2; 1945 c 35 § 10; Rem.
Supp. 1947 § 9998-149. Prior: 1943 c 127 § 13; 1941 c
253 § 14; 1939 c 214 § 19; 1937 c 162 § 19.]
Conflict with federal requirements—Severability—Effective date—
Retroactive application—2001 1st sp.s. c 11: See RCW 50.50.900
through 50.50.903.
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
50.04.100 Employment. "Employment", subject only
to the other provisions of this title, means personal service,
of whatever nature, unlimited by the relationship of master
and servant as known to the common law or any other legal
relationship, including service in interstate commerce, performed for wages or under any contract calling for the
performance of personal services, written or oral, express or
implied.
Except as provided by RCW 50.04.145, personal
services performed for an employing unit by one or more
contractors or subcontractors acting individually or as a
partnership, which do not meet the provisions of RCW
50.04.140, shall be considered employment of the employing
unit: PROVIDED, HOWEVER, That such contractor or
subcontractor shall be an employer under the provisions of
this title in respect to personal services performed by
individuals for such contractor or subcontractor. [1982 1st
ex.s. c 18 § 14; 1945 c 35 § 11; Rem. Supp. 1945 § 9998150. Prior: 1943 c 127 § 13; 1941 c 253 § 14; 1939 c 214
§ 19; 1937 c 162 § 19.]
Severability—Conflict with federal requirements—1982 1st ex.s.
c 18: See notes following RCW 50.12.200.
50.04.110 Employment—Situs of service. The term
"employment" shall include an individual’s entire service
performed within or without or both within and without this
state, if
(1) The service is localized in this state; or
(2) The service is not localized in any state, but some
of the service is performed in this state, and
(2002 Ed.)
Definitions
(a) the base of operations, or if there is no base of
operations, then the place from which such service is
directed or controlled is in this state; or
(b) the base of operations or place from which such
service is directed or controlled is not in any state in which
some part of the service is performed, but the individual’s
residence is in this state; or
(3) The service is performed within the United States,
the Virgin Islands or Canada, if
(a) such service is not covered under the unemployment
compensation law of any other state, the Virgin Islands or
Canada, and
(b) the place from which the service is directed or
controlled is in this state. [1971 c 3 § 6; 1945 c 35 § 12;
Rem. Supp. 1945 § 9998-151. Prior: 1943 c 127 § 13;
1941 c 253 § 14; 1939 c 214 § 19; 1937 c 162 § 19.]
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.04.115 Employment—Out-of-state service,
election. Services not covered under RCW 50.04.110 or
50.04.116 which are performed entirely without this state,
with respect to no part of which contributions, interest, or
penalties are required and paid under an unemployment
compensation law of any other state or of the federal government, shall be deemed to be employment subject to this
title if the individual performing such services is a resident
of this state and the commissioner approves the election of
the employing unit for whom such services are performed
that the entire service of such individual shall be deemed to
be employment subject to this title. [1983 1st ex.s. c 23 §
3; 1971 c 3 § 8; 1945 c 35 § 13; Rem. Supp. 1945 § 9998152. Prior: 1943 c 127 § 13; 1941 c 253 § 14; 1937 c 162
§ 19. Formerly RCW 50.04.130.]
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.04.116 Employment—Out-of-state service, when
included—"American employer" defined. The term
"employment" shall include the service of an individual who
is a citizen of the United States, performed outside the
United States (except in Canada, and in the case of the
Virgin Islands after December 31, 1971 and prior to January
1 of the year following the year in which the United States
secretary of labor approves the unemployment compensation
law of the Virgin Islands under section 3304(a) of the
Internal Revenue Code of 1954) in the employ of an
American employer (other than service which is deemed
"employment" under the provisions of RCW 50.04.110 or
50.04.120 or the parallel provisions of another state’s law),
if:
(1) The employer’s principal place of business in the
United States is located in this state; or
(2) The employer has no place of business in the United
States but:
(a) The employer is an individual who is a resident of
this state; or
(b) The employer is a corporation which is organized
under the laws of this state; or
(2002 Ed.)
50.04.110
(c) The employer is a partnership or a trust and the
number of the partners or trustees who are residents of this
state is greater than the number who are residents of any one
other state; or
(3) None of the criteria in subsections (1) and (2) of this
section is met but the employer has elected coverage in this
state, or the employer having failed to elect coverage in any
state, the individual has filed a claim for benefits, based on
such service, under the laws of this state.
(4) An "American employer", for the purposes of this
section, means a person who is:
(a) An individual who is a resident of the United States;
or
(b) A partnership if two-thirds or more of the partners
are residents of the United States; or
(c) A trust, if all of the trustees are residents of the
United States; or
(d) A corporation organized under the laws of the
United States or of any state. [1977 ex.s. c 292 § 1; 1971
c 3 § 7.]
Effective dates—1977 ex.s. c 292: "This 1977 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately: PROVIDED, That sections 6, 12,
14, 15, 16, and 18 of this 1977 amendatory act shall take effect on January
1, 1978." [1977 ex.s. c 292 § 28.]
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.04.120 Employment—Localized service. Service
shall be deemed to be localized within a state, if
(1) the service is performed entirely within the state; or
(2) the service is performed both within and without the
state, but the service performed without the state is incidental
to the individual’s service within the state; for example, is
temporary or transitory in nature or consists of isolated
transactions. [1945 c 35 § 14; Rem. Supp. 1945 § 9998-153.
Prior: 1943 c 127 § 13; 1941 c 253 § 14; 1939 c 214 § 16;
1937 c 162 § 19.]
50.04.125 Employment—Foreign degree-granting
institutions—Employee services localized in country of
domicile. The services of employees of a foreign degreegranting institution who are nonimmigrant aliens under the
immigration laws of the United States, shall, for the purposes
of RCW 50.04.120, be considered to be localized or principally localized, in the country of domicile of the foreign
degree-granting institution as defined in RCW 28B.90.010 in
those instances where the income of those employees would
be exempt from taxation by virtue of the terms and provisions of any treaty between the United States and the
country of domicile of the foreign degree-granting institution.
However, a foreign degree-granting institution is not precluded from otherwise establishing that a nonimmigrant
employee’s services are, for the purpose of such statutes,
principally located in its country of domicile. [1993 c 181
§ 8.]
50.04.140 Employment—Exception tests. Services
performed by an individual for remuneration shall be deemed
to be employment subject to this title unless and until it is
shown to the satisfaction of the commissioner that:
[Title 50 RCW—page 5]
50.04.140
Title 50 RCW: Unemployment Compensation
(1)(a) Such individual has been and will continue to be
free from control or direction over the performance of such
service, both under his or her contract of service and in fact;
and
(b) Such service is either outside the usual course of
business for which such service is performed, or that such
service is performed outside of all the places of business of
the enterprises for which such service is performed; and
(c) Such individual is customarily engaged in an
independently established trade, occupation, profession, or
business, of the same nature as that involved in the contract
of service.
(2) Or as a separate alternative, it shall not constitute
employment subject to this title if it is shown that:
(a) Such individual has been and will continue to be
free from control or direction over the performance of such
service, both under his or her contract of service and in fact;
and
(b) Such service is either outside the usual course of
business for which such service is performed, or that such
service is performed outside of all the places of business of
the enterprises for which such service is performed, or the
individual is responsible, both under the contract and in fact,
for the costs of the principal place of business from which
the service is performed; and
(c) Such individual is customarily engaged in an
independently established trade, occupation, profession, or
business, of the same nature as that involved in the contract
of service, or such individual has a principal place of
business for the work the individual is conducting that is
eligible for a business deduction for federal income tax
purposes; and
(d) On the effective date of the contract of service, such
individual is responsible for filing at the next applicable
filing period, both under the contract of service and in fact,
a schedule of expenses with the internal revenue service for
the type of business the individual is conducting; and
(e) On the effective date of the contract of service, or
within a reasonable period after the effective date of the
contract, such individual has established an account with the
department of revenue, and other state agencies as required
by the particular case, for the business the individual is
conducting for the payment of all state taxes normally paid
by employers and businesses and has registered for and
received a unified business identifier number from the state
of Washington; and
(f) On the effective date of the contract of service, such
individual is maintaining a separate set of books or records
that reflect all items of income and expenses of the business
which the individual is conducting. [1991 c 246 § 6; 1945
c 35 § 15; Rem. Supp. 1945 § 9998-154. Prior: 1943 c 127
§ 13; 1941 c 253 § 14; 1939 c 214 § 16; 1937 c 162 § 19.]
Effective date—Conflict with federal requirements—1991 c 246:
See notes following RCW 51.08.195.
50.04.145 Employment—Services performed for
contractor, when excluded. The term "employment" shall
not include services rendered by any person, firm, or
corporation currently engaging in a business which is
registered under chapter 18.27 RCW or licensed under
chapter 19.28 RCW when:
[Title 50 RCW—page 6]
(1) Contracting to perform work for any contractor
registered under chapter 18.27 RCW or licensed under
chapter 19.28 RCW;
(2) The person, firm, or corporation has a principal
place of business which would be eligible for a business
deduction for internal revenue service tax purposes other
than that furnished by the contractor for which the business
has contracted to furnish services;
(3) The person, firm, or corporation maintains a separate
set of books or records that reflect all items of income and
expenses of the business;
(4) The work which the person, firm, or corporation has
contracted to perform is:
(a) The work of a contractor as defined in RCW
18.27.010; or
(b) The work of installing wires or equipment to convey
electric current or installing apparatus to be operated by such
current as it pertains to the electrical industry as described in
chapter 19.28 RCW; and
(5) A contractor registered under chapter 18.27 RCW or
licensed under chapter 19.28 RCW does not supervise or
control the means by which the result is accomplished or the
manner in which the work is performed. [1983 1st ex.s. c
23 § 25; 1982 1st ex.s. c 18 § 13.]
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Severability—Conflict with federal requirements—1982 1st ex.s.
c 18: See notes following RCW 50.12.200.
50.04.148 Employment—Services performed by
musician or entertainer. (1) The term "employment" shall
not include services performed by a musician or entertainer
under a written contract with a purchaser of the services for
a specific engagement or engagements when such musician
or entertainer performs no other duties for the purchaser and
is not regularly and continuously employed by the purchaser.
The contract shall designate the leader of the music or
entertainment group. A music or entertainment business or
a leader of a music or entertainment group shall be considered an employer and not a purchaser of music or entertainment services.
(2) Any musician or entertainer who performs for a
music or entertainment business or as a member of a music
or entertainment group is deemed an employee of the
business or group and the business or the leader of the group
shall be required to register as an employer with the department.
(3) Purchasers of services under subsection (1) of this
section shall not be subject to RCW 50.24.130 relating to a
principal’s liability for unpaid contributions if the services
are purchased from a business or group registered as an
employer with the department.
(4) The term "music or entertainment business" or
"group" as used in this section means an employer whose
principal business activity is music or entertainment. The
term does not include those entities who provide music or
entertainment for members or patrons incidental to their
principal business activity, and does not include an individual employing musicians or entertainers on a casual basis.
[1985 c 47 § 1.]
Effective date—1985 c 47: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
(2002 Ed.)
Definitions
government and its existing public institutions and shall take effect July 1,
1985." [1985 c 47 § 2.]
50.04.150 Employment—Agricultural labor. Except
as otherwise provided in RCW 50.04.155, the term "employment" shall not include service performed in agricultural
labor by individuals who are enrolled as students and
regularly attending classes, or are between two successive
academic years or terms, at an elementary school, a secondary school, or an institution of higher education as defined
in RCW 50.44.037 and in the case of corporate farms not
covered under RCW 50.04.155, the provisions regarding
family employment in RCW 50.04.180 shall apply.
Agricultural labor is defined as services performed:
(1) On a farm, in the employ of any person, in connection with the cultivation of the soil, or in connection with
raising or harvesting any agricultural or horticultural commodity, including raising, shearing, feeding, caring for,
training, and management of livestock, bees, poultry, and
furbearing animals and wild life, or in the employ of the
owner or tenant or other operator of a farm in connection
with the operation, management, conservation, improvement,
or maintenance of such farm and its tools and equipment; or
(2) In packing, packaging, grading, storing, or delivering
to storage, or to market or to a carrier for transportation to
market, any agricultural or horticultural commodity; but only
if such service is performed as an incident to ordinary
farming operations. The exclusions from the term "employment" provided in this paragraph shall not be deemed to be
applicable with respect to commercial packing houses,
commercial storage establishments, commercial canning,
commercial freezing, or any other commercial processing or
with respect to services performed in connection with the
cultivation, raising, harvesting and processing of oysters or
raising and harvesting of mushrooms or in connection with
any agricultural or horticultural commodity after its delivery
to a terminal market for distribution for consumption. [1989
c 380 § 78; 1977 ex.s. c 292 § 2; 1957 c 264 § 1; 1947 c
215 § 3; 1945 c 35 § 16; Rem. Supp. 1945 § 9998-155.
Prior: 1943 c 127 § 13; 1941 c 253 § 14; 1939 c 214 § 16;
1937 c 162 § 19.]
Effective date—1989 c 380 §§ 78-81: "Sections 78 through 81 of
this act shall take effect on January 1, 1990." [1989 c 380 § 91.]
Conflict with federal requirements—1989 c 380: "If any part of
this act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements which are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1989 c 380 § 89.]
Severability—1989 c 380: See RCW 15.58.942.
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.04.155 Service performed in agricultural labor
for farm operator or crew leader. (1) Service performed
in agricultural labor on and after January 1, 1978, for a farm
operator or crew leader will be deemed services in employment if the farm operator or crew leader:
(2002 Ed.)
50.04.148
(a) Paid twenty thousand dollars or more as remuneration to individuals employed in agricultural labor during any
calendar quarter in the current or preceding calendar year; or
(b) Employed ten or more individuals in agricultural
labor for some portion of the day in each of twenty different
calendar weeks in either the current or preceding calendar
year regardless of whether they were employed at the same
moment of time or whether or not the weeks were consecutive.
(2) A farm operator is the owner or tenant of the
farmlands who stands to gain or lose economically from the
operations of the farm. Employment will be considered
employment by the farm operator unless it is established to
the satisfaction of the commissioner that the services were
performed in the employ of a crew leader. The risk of
nonpersuasion is upon the farm operator. The operator will
nonetheless be liable for contributions under RCW 50.24.130
even though services performed on the operator’s farmlands
would not be sufficient to bring the services under the term
employment if services performed on the operator’s land in
the employ of a crew leader would be covered and the crew
leader has failed to pay contributions on the services. For
the purposes of the preceding sentence and RCW 50.24.130,
all moneys paid or payable to the crew leader by the farm
operator shall be deemed paid for services unless there is a
written contract clearly specifying the amounts of money to
be attributed to items other than services of the crew leader
or the crew leader’s employees.
(3) For the purposes of this section, a crew leader is a
person who furnishes individuals to perform services in
agricultural labor for the benefit of any other person, who
pays for the services performed in agricultural labor (either
on his or her own behalf or on behalf of the other person),
and who has not made a written agreement making himself
or herself an employee of the other person: PROVIDED,
That no person shall be deemed a crew leader unless he or
she is established independently of the person for whom the
services are performed and either has a valid certificate of
registration under the farm labor contractor registration act
of 1963 or substantially all the members of his or her crew
operate or maintain tractors, mechanized harvesting or crop
dusting equipment, or any other mechanized equipment
which is provided by the crew leader. [1977 ex.s. c 292 §
3.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.04.160 Employment—Domestic service. Services
performed in domestic service in a private home, local
college club, or local chapter of a college fraternity or
sorority shall not be considered services in employment
unless the services are performed after December 31, 1977,
for a person who paid remuneration of one thousand dollars
or more to individuals employed in this domestic service in
any calendar quarter in the current or the preceding calendar
year. The terms local college club and local chapter of a
college fraternity or sorority shall not be deemed to include
alumni clubs or chapters. [1977 ex.s. c 292 § 4; 1947 c 215
§ 4; 1945 c 35 § 17; Rem. Supp. 1947 § 9998-156. Prior:
1943 c 127 § 13; 1941 c 253 § 14; 1939 c 214 § 16; 1937
c 162 § 19.]
[Title 50 RCW—page 7]
50.04.160
Title 50 RCW: Unemployment Compensation
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.04.165 Employment—Corporate officers—
Election of coverage. Services performed by a person
appointed as an officer of a corporation under RCW
23B.08.400, other than those covered by chapter 50.44
RCW, shall not be considered services in employment.
However, a corporation may elect to cover not less than all
of its corporate officers under RCW 50.24.160. If an
employer does not elect to cover its corporate officers under
RCW 50.24.160, the employer must notify its corporate
officers in writing that they are ineligible for unemployment
benefits. If the employer fails to notify any corporate officer, then that person shall not be considered to be a corporate officer for the purposes of this section. [1993 c 290 §
2; 1993 c 58 § 1; 1991 c 72 § 57; 1986 c 110 § 1; 1983 1st
ex.s. c 23 § 4; 1981 c 35 § 13.]
Conflict with federal requirements—1993 c 58: "If any part of this
act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements which are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1993 c 58 § 4.]
Severability—1993 c 58: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 58 § 5.]
Effective date—1993 c 58: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect March
6, 1993." [1993 c 58 § 6.] 1993 c 58 was signed by the governor on April
19, 1993.
Conflict with federal requirements—1986 c 110: "If any part of
this act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements which are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1986 c 110 § 2.]
Severability—1986 c 110: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 110 § 3.]
Effective date—1986 c 110: "This act shall take effect July 1, 1986."
[1986 c 110 § 4.]
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Severability—1981 c 35: See note following RCW 50.22.030.
50.04.170 Employment—Maritime service. The
term "employment" shall include an individual’s entire
service as an officer or member of a crew of an American
vessel wherever performed and whether in intrastate or interstate or foreign commerce, if the employer maintains within
this state at the beginning of the pay period an operating
office from which the operations of the vessel are ordinarily
and regularly supervised, managed, directed and controlled.
The term "employment" shall not include services performed
as an officer or member of the crew of a vessel not an
[Title 50 RCW—page 8]
American vessel and services on or in connection with an
American vessel under a contract of service which is not
entered into within the United States and during the performance of which the vessel does not touch at a port of the
United States.
"American vessel", means any vessel documented or
numbered under the laws of the United States; and includes
any vessel which is neither documented or numbered under
the laws of the United States nor documented under the laws
of any foreign country if its crew is employed solely by one
or more citizens or residents of the United States or corporations organized under the laws of the United States or of any
state. [1949 c 214 § 3; 1947 c 215 § 5; 1945 c 35 § 18;
Rem. Supp. 1949 § 9998-157. Prior: 1943 c 127 § 13;
1941 c 253 § 14; 1939 c 214 § 16; 1937 c 162 § 19.]
50.04.180 Family employment. The term "employment" shall not include service performed by an individual
in the employ of his or her spouse, nor shall it include
service performed by an unmarried individual under the age
of eighteen years in the employ of his or her parent or stepparent. [1973 c 73 § 2; 1951 c 265 § 6; 1945 c 35 § 19;
Rem. Supp. 1945 § 9998-158. Prior: 1943 c 127 § 13;
1941 c 253 § 14; 1939 c 214 § 16; 1937 c 162 § 19.]
Effective dates—1973 c 73: See note following RCW 50.04.030.
Severability—1951 c 265: See note following RCW 50.98.070.
50.04.205 Services performed by aliens. Except as
provided in RCW 50.04.206, services performed by aliens
legally or illegally admitted to the United States shall be
considered services in employment subject to the payment of
contributions to the extent that services by citizens are
covered. [1990 c 245 § 2; 1977 ex.s. c 292 § 5.]
Conflict with federal requirements—Effective dates—1990 c 245:
See notes following RCW 50.04.030.
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.04.206 Employment—Nonresident alien. The
term "employment" shall not include service that is performed by a nonresident alien for the period he or she is
temporarily present in the United States as a nonimmigrant
under subparagraph (F), (H)(iii), or (J) of section 101(a)(15)
of the federal immigration and naturalization act, as amended, and that is performed to carry out the purpose specified
in the applicable subparagraph of the federal immigration
and naturalization act. [1990 c 245 § 3.]
Conflict with federal requirements—Effective dates—1990 c 245:
See notes following RCW 50.04.030.
50.04.210 Employment—Foreign governmental
service. The term "employment" shall not include service
performed in the employ of any other state or its political
subdivisions, or of the United States government, or of any
instrumentality of any other state or states or their political
subdivisions, or the United States; except that if the congress
of the United States shall permit states to require any
instrumentality of the United States to make payments into
an unemployment fund under a state unemployment compensation act, then, to the extent permitted by congress, and
from and after the date when such permission becomes
(2002 Ed.)
Definitions
effective all the provisions of this title shall be applicable to
such instrumentalities and to services performed for such
instrumentalities in the same manner, to the same extent and
on the same terms as to all other employers, employing
units, individuals and services: PROVIDED, That if this
state should not be certified by the social security board
under section 903 of the social security act, as amended, for
any year, then the payment required of such instrumentalities
with respect to such year shall be deemed to be erroneously
collected and shall be refunded by the commissioner from
the fund in accordance with the provisions of this title
relating to adjustments and refunds of contributions, interest,
or penalties which have been paid. [1983 1st ex.s. c 23 § 5;
1945 c 35 § 22; Rem. Supp. 1945 § 9998-161. Prior: 1943
c 127 § 13; 1941 c 253 § 14; 1939 c 214 § 16; 1937 c 162
§ 19.]
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
50.04.220 Employment—Service covered by federal
act. The term "employment" shall not include service with
respect to which unemployment compensation is payable
under an unemployment compensation system established by
an act of congress: PROVIDED, That the commissioner is
hereby authorized to enter into agreements with the proper
agencies under such act of congress, which agreements shall
become effective ten days after publication thereof in the
manner provided in this title for publication of general rules,
to provide reciprocal treatment to individuals who have, after
acquiring potential rights to benefits under this title, acquired
right to unemployment compensation under such act of
congress, or who have, after acquiring potential rights to
unemployment compensation under such act of congress,
acquired rights to benefits under this title. [1945 c 35 § 23;
Rem. Supp. 1945 § 9998-162. Prior: 1943 c 127 § 13;
1941 c 253 § 14; 1939 c 214 § 16; 1937 c 162 § 19.]
50.04.223 Employment—Massage practitioner. The
term "employment" does not include services performed by
a massage practitioner licensed under chapter 18.108 RCW
in a massage business if the use of the business facilities is
contingent upon compensation to the owner of the business
facilities and the person receives no compensation from the
owner for the services performed.
This exemption does not include services performed by
a massage practitioner for an employer under chapter 50.44
RCW. [1994 c 3 § 2; 1993 c 167 § 1.]
Conflict with federal requirements—Severability—Effective
dates—1994 c 3: See notes following RCW 50.04.020.
Effective date—1993 c 167: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1993." [1993 c 167 § 2.]
50.04.225 Employment—Barber and cosmetology
services. The term "employment" does not include services
performed in a barber shop or cosmetology shop by persons
licensed under chapter 18.16 RCW if the person is a booth
renter as defined in *RCW 18.16.020. [1991 c 324 § 17;
1985 c 7 § 117; 1982 1st ex.s. c 18 § 20.]
*Reviser’s note: RCW 18.16.020 was amended by 2002 c 111 § 2,
deleting the definition of "booth renter."
(2002 Ed.)
50.04.210
Severability—1991 c 324: See RCW 18.16.910.
Severability—Conflict with federal requirements—1982 1st ex.s.
c 18: See notes following RCW 50.12.200.
50.04.230 Employment—Services of insurance
agent, broker, or solicitor, real estate broker or real
estate salesman, and investment company agent or solicitor. The term "employment" shall not include service
performed by an insurance agent, insurance broker, or
insurance solicitor or a real estate broker or a real estate
salesman to the extent he or she is compensated by commission and service performed by an investment company agent
or solicitor to the extent he or she is compensated by
commission. The term "investment company", as used in
this section is to be construed as meaning an investment
company as defined in the act of congress entitled "Investment Company Act of 1940." [1991 c 246 § 7; 1947 c
5 § 24; 1945 c 35 § 24; Rem. Supp. 1947 § 9998-162a.]
Effective date—Conflict with federal requirements—1991 c 246:
See notes following RCW 51.08.195.
50.04.232 Employment—Travel services. The term
"employment" shall not include service performed by an
outside agent who sells or arranges for travel services that
are provided to a travel agent as defined and registered under
RCW 19.138.021, to the extent the outside agent is compensated by commission. [1995 c 242 § 1.]
Conflict with federal requirements—1995 c 242: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements that are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1995 c 242 § 2.]
50.04.235 Employment—Outside salesman paid by
commission. The term "employment" shall not include
services as an outside salesman of merchandise paid solely
by way of commission; and such services must have been
performed outside of all the places of business of the enterprises for which such services are performed only. [1957
c 181 § 1.]
50.04.240 Employment—Newsboy’s service. The
term "employment" shall not include service as a newsboy
selling or distributing newspapers on the street or from house
to house. [1945 c 35 § 25; Rem. Supp. 1945 § 9998-163.
Prior: 1943 c 127 § 13; 1941 c 253 § 14; 1939 c 214 § 16;
1937 c 162 § 19.]
50.04.245 Employment—Services performed for
temporary services agency, employee leasing agency, or
services referral agency. (1) Subject to the other provisions
of this title, personal services performed for, or for the
benefit of, a third party pursuant to a contract with a
temporary services agency, employee leasing agency,
services referral agency, or other entity shall be deemed to
be employment for the temporary services agency, employee
leasing agency, services referral agency, or other entity when
the agency is responsible, under contract or in fact, for the
[Title 50 RCW—page 9]
50.04.245
Title 50 RCW: Unemployment Compensation
payment of wages in remuneration for the services performed.
(2) For the purposes of this section:
(a) "Temporary services agency" means an individual or
entity that is engaged in the business of furnishing individuals to perform services on a part-time or temporary basis for
a third party.
(b) "Employee leasing agency" means an individual or
entity that for a fee places the employees of a client onto its
payroll and leases such employees back to the client.
(c) "Services referral agency" means an individual or
entity that is engaged in the business of offering the services
of an individual to perform specific tasks for a third party.
[1995 c 120 § 1.]
Conflict with federal requirements—1995 c 120: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements that are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1995 c 120 § 2.]
50.04.255 Employment—Appraisal practitioner
services. The term "employment" does not include services
performed by an appraisal practitioner certified or licensed
under chapter 18.140 RCW in an appraisal business if the
use of the business facilities is contingent upon compensation to the owner of the business facilities and the person
receives no compensation from the owner for the services
performed. This exemption does not include services
performed by an appraisal practitioner certified or licensed
under chapter 18.140 RCW for an employer under chapter
50.44 RCW. [1996 c 182 § 14.]
Effective dates—1996 c 182: See note following RCW 18.140.005.
50.04.265 Employment—Indian tribes. The term
"employment" includes services performed in the employ of
an Indian tribe as provided in RCW 50.50.010. [2001 1st
sp.s. c 11 § 2.]
Conflict with federal requirements—Severability—Effective date—
Retroactive application—2001 1st sp.s. c 11: See RCW 50.50.900
through 50.50.903.
50.04.270 Employment—Casual labor. The term
"employment" shall not include casual labor not in the
course of the employer’s trade or business (labor which does
not promote or advance the trade or business of the employer). Temporary labor in the usual course of an employer’s
trade or business or domestic services as defined in RCW
50.04.160 shall not be deemed to be casual labor. [1977
ex.s. c 292 § 7; 1945 c 35 § 28; Rem. Supp. 1945 § 9998166. Prior: 1943 c 127 § 13; 1941 c 253 § 14; 1939 c 214
§ 16; 1937 c 162 § 19.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.04.280 Employment—"Pay period" determination. If the services performed during one-half or more of
any pay period by an individual for an employing unit
constitute employment, all of the services of such individual
[Title 50 RCW—page 10]
for such period shall be deemed to be employment, but if the
services performed during more than one-half of any such
pay period by an individual for an employing unit do not
constitute employment, then none of the services of such
individual on behalf of such employing unit for such period
shall be deemed to be employment. As used in this paragraph, the term "pay period" means a period of not more
than thirty-one consecutive days for which a payment of
remuneration is ordinarily made to an individual by the
employing unit. [1945 c 35 § 29; Rem. Supp. 1945 § 9998167. Prior: 1943 c 127 § 13; 1941 c 253 § 14; 1939 c 214
§ 16; 1937 c 162 § 19.]
50.04.290 Employment office. "Employment office"
means a free public employment office, or branch thereof,
operated by this or any other state as a part of a state
controlled system of public employment offices, or by a
federal agency or any agency of a foreign government
charged with the administration of an unemployment
compensation program or free public employment offices.
All claims for unemployment compensation benefits,
registrations for employment, and all job or placement
referrals received or made by any of the employment offices
as above defined and pursuant to regulation of the commissioner subsequent to December 31, 1941, are hereby declared
in all respects to be valid. The commissioner is authorized
to make such investigation, secure and transmit such
information, make available such services and facilities and
exercise such of the other powers provided herein with
respect to the administration of this title as he deems
necessary or appropriate to facilitate the administration of
any state or federal unemployment compensation or public
employment service law and in like manner to accept and
utilize information, services and facilities made available to
the state by the agency charged with the administration of
any such unemployment compensation or public employment
service law. Any such action taken by the commissioner
subsequent to December 31, 1941, is hereby declared to be
in all respects valid. [1945 c 35 § 30; Rem. Supp. 1945 §
9998-168. Prior: 1943 c 127 § 13; 1941 c 253 § 14.]
50.04.293 Misconduct. "Misconduct" means an
employee’s act or failure to act in willful disregard of his or
her employer’s interest where the effect of the employee’s
act or failure to act is to harm the employer’s business.
[1993 c 483 § 1.]
Effective dates—Applicability—1993 c 483: "(1) Sections 1 and 8
through 11 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 3, 1993, and shall be
effective as to separations occurring after July 3, 1993.
(2) Section 2 of this act is necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and shall take effect July 3, 1993, and is
effective as to weeks claimed after July 3, 1993.
(3) Section 12 of this act is necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and shall take effect immediately [May 17,
1993], and is effective as to new claims filed after July 3, 1993.
(4) Section 19 of this act is necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and shall take effect July 3, 1993, and is
effective as to requests for relief of charges received after July 3, 1993.
(2002 Ed.)
Definitions
(5) Sections 15, 17, and 18 of this act shall be effective as to new
extended benefit claims filed after October 2, 1993.
(6) Sections 13 and 14 of this act shall take effect January 1, 1994.
(7) Sections 3, 4, and 5 of this act shall take effect January 2, 1994.
(8) Sections 20 and 21 of this act shall take effect for tax year 1994.
(9) Section 16 of this act is necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and shall take effect immediately [May 17,
1993]." [1993 c 483 § 23.]
Conflict with federal requirements—1993 c 483: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements that are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1993 c 483 § 24.]
Severability—1993 c 483: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 483 § 25.]
50.04.295 Payments in lieu of contributions.
"Payments in lieu of contributions" means money payments
due to the state unemployment compensation fund as
provided in RCW 50.44.060. [1971 c 3 § 2.]
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.04.300 State. "State" includes, in addition to the
states of the United States of America, the District of
Columbia, the Virgin Islands, and the Commonwealth of
Puerto Rico. [1977 ex.s. c 292 § 8; 1971 c 3 § 10; 1945 c
35 § 31; Rem. Supp. 1945 § 9998-169. Prior: 1943 c 127
§ 13; 1941 c 253 § 14; 1939 c 214 § 16; 1937 c 162 § 19.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.04.310 Unemployed individual—Individual
deemed not "unemployed." (1) An individual shall be
deemed to be "unemployed" in any week during which the
individual performs no services and with respect to which no
remuneration is payable to the individual, or in any week of
less than full time work, if the remuneration payable to the
individual with respect to such week is less than one and
one-third times the individual’s weekly benefit amount plus
five dollars. The commissioner shall prescribe regulations
applicable to unemployed individuals making such distinctions in the procedures as to such types of unemployment as
the commissioner deems necessary.
(2) An individual shall be deemed not to be "unemployed" during any week which falls totally within a period
during which the individual, pursuant to a collective bargaining agreement or individual employment contract, is employed full time in accordance with a definition of full time
contained in the agreement or contract, and for which
compensation for full time work is payable. This subsection
may not be applied retroactively to an individual who had no
guarantee of work at the start of such period and subsequently is provided additional work by the employer. [1984
c 134 § 1; 1973 2nd ex.s. c 7 § 1; 1945 c 35 § 32; Rem.
(2002 Ed.)
50.04.293
Supp. 1945 § 9998-170. Prior: 1943 c 127 § 13; 1941 c
253 § 14; 1939 c 214 § 16; 1939 c 162 § 19.]
Application—1973 2nd ex.s. c 7: "This act shall apply to weeks of
unemployment commencing on or after January 6, 1974." [1973 2nd ex.s.
c 7 § 4.]
50.04.320 Wages, remuneration. (1) For the purpose
of payment of contributions, "wages" means the remuneration paid by one employer during any calendar year to an
individual in its employment under this title or the unemployment compensation law of any other state in the amount
specified in RCW 50.24.010. If an employer (hereinafter
referred to as a successor employer) during any calendar
year acquires substantially all the operating assets of another
employer (hereinafter referred to as a predecessor employer)
or assets used in a separate unit of a trade or business of a
predecessor employer, and immediately after the acquisition
employs in the individual’s trade or business an individual
who immediately before the acquisition was employed in the
trade or business of the predecessor employer, then, for the
purposes of determining the amount of remuneration paid by
the successor employer to the individual during the calendar
year which is subject to contributions, any remuneration paid
to the individual by the predecessor employer during that
calendar year and before the acquisition shall be considered
as having been paid by the successor employer.
(2) For the purpose of payment of benefits, "wages"
means the remuneration paid by one or more employers to
an individual for employment under this title during his base
year: PROVIDED, That at the request of a claimant, wages
may be calculated on the basis of remuneration payable.
The department shall notify each claimant that wages are
calculated on the basis of remuneration paid, but at the
claimant’s request a redetermination may be performed and
based on remuneration payable.
(3) For the purpose of payment of benefits and payment
of contributions, the term "wages" includes tips which are
received after January 1, 1987, while performing services
which constitute employment, and which are reported to the
employer for federal income tax purposes.
(4)(a) "Remuneration" means all compensation paid for
personal services including commissions and bonuses and the
cash value of all compensation paid in any medium other
than cash. The reasonable cash value of compensation paid
in any medium other than cash and the reasonable value of
gratuities shall be estimated and determined in accordance
with rules prescribed by the commissioner. Remuneration
does not include payments to members of a reserve component of the armed forces of the United States, including the
organized militia of the state of Washington, for the performance of duty for periods not exceeding seventy-two hours
at a time.
(b) Previously accrued compensation, other than
severance pay or payments received pursuant to plant closure
agreements, when assigned to a specific period of time by
virtue of a collective bargaining agreement, individual
employment contract, customary trade practice, or request of
the individual compensated, shall be considered remuneration
for the period to which it is assigned. Assignment clearly
occurs when the compensation serves to make the individual
eligible for all regular fringe benefits for the period to which
the compensation is assigned.
[Title 50 RCW—page 11]
50.04.320
Title 50 RCW: Unemployment Compensation
(c) Settlements or other proceeds received by an
individual as a result of a negotiated settlement for termination of an individual written employment contract prior to its
expiration date shall be considered remuneration. The proceeds shall be deemed assigned in the same intervals and in
the same amount for each interval as compensation was
allocated under the contract.
(d) Except as provided in (c) of this subsection, the
provisions of this subsection (4) pertaining to the assignment
of previously accrued compensation shall not apply to
individuals subject to RCW 50.44.050. [1998 c 162 § 1;
1995 c 296 § 1; 1986 c 21 § 1; 1984 c 134 § 2; 1983 1st
ex.s. c 23 § 6; 1983 c 67 § 1; 1970 ex.s. c 2 § 3; 1953 ex.s.
c 8 § 2; 1951 c 265 § 3; 1949 c 214 § 4; 1947 c 215 § 6;
1945 c 35 § 33; Rem. Supp. 1949 § 9998-171. Prior: 1943
c 127 § 13; 1941 c 253 § 14; 1939 c 214 § 16; 1937 c 162
§ 19.]
Conflict with federal requirements—1998 c 162: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is inoperative solely to the extent of the
conflict, and the finding or determination does not affect the operation of
the remainder of this act. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal funds
by the state or the granting of federal unemployment tax credits to
employers in this state." [1998 c 162 § 2.]
Effective date—1998 c 162: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect on the
Sunday following the day that the governor signs this act [March 29, 1998]
and is effective for initial claims filed on or after that Sunday." [1998 c 162
§ 3.]
Severability—1995 c 296: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 296 § 5.]
Conflict with federal requirements—1995 c 296: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements that are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1995 c 296 § 6.]
Effective date—1995 c 296: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 9, 1995]." [1995 c 296 § 7.]
Conflict with federal requirements—1986 c 21: "If any part of this
act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements which are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1986 c 21 § 2.]
Severability—1986 c 21: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 21 § 3.]
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
Severability—1951 c 265: See note following RCW 50.98.070.
[Title 50 RCW—page 12]
50.04.323 Wages, remuneration—Government or
private retirement pension plan payments—Effect upon
eligibility—Reduction in benefits. (1) The amount of
benefits payable to an individual for any week which begins
after October 3, 1980, and which begins in a period with
respect to which such individual is receiving a governmental
or other pension, retirement or retired pay, annuity, or any
other similar periodic payment which is based on the
previous work of such individual shall be reduced (but not
below zero) by an amount equal to the amount of such
pension, retirement or retired pay, annuity, or other payment,
which is reasonably attributable to such week. However:
(a) The requirements of this subsection shall apply to
any pension, retirement or retired pay, annuity, or other
similar periodic payment only if—
(i) Such pension, retirement or retired pay, annuity, or
similar payment is under a plan maintained (or contributed
to) by a base period employer; and
(ii) In the case of such a payment not made under the
Social Security Act or the Railroad Retirement Act of 1974
(or corresponding provisions of prior law), services performed for such employer by the individual after the
beginning of the base period (or remuneration for such
services) affect eligibility for, or increase the amount of,
such pension, retirement or retired pay, annuity, or similar
payment;
(b) The amount of any such a reduction shall take into
account contributions made by the individual for the pension,
retirement or retired pay, annuity, or other similar periodic
payment, in accordance with regulations prescribed by the
commissioner; and
(c) No deduction shall be made from the amount of
benefits payable for a week for individuals receiving federal
social security pensions to take into account the individuals’
contributions to the pension program.
(2) In the event that a retroactive pension or retirement
payment covers a period in which an individual received
benefits under the provisions of this title, the amount in
excess of the amount to which such individual would have
been entitled had such retirement or pension payment been
considered as provided in this section shall be recoverable
under RCW 50.20.190.
(3) A lump sum payment accumulated in a plan described in this section paid to an individual eligible for such
payment shall be prorated over the life expectancy of the
individual computed in accordance with the commissioner’s
regulation.
(4) The resulting weekly benefit amount payable after
reduction under this section, if not a multiple of one dollar,
shall be reduced to the next lower multiple of one dollar.
(5) Any ambiguity in subsection (1) of this section
should be construed in a manner consistent with 26 U.S.C.
Sec. 3304 (a)(15) as last amended by P.L. 96-364. [1993 c
483 § 2; 1983 1st ex.s. c 23 § 7; 1981 c 35 § 1; 1980 c 74
§ 1; 1973 2nd ex.s. c 7 § 2; 1973 1st ex.s. c 167 § 1; 1970
ex.s. c 2 § 19.]
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective dates—Severability—1981 c 35: See notes following RCW
50.22.030.
(2002 Ed.)
Definitions
Severability—1980 c 74: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1980 c 74 § 6.]
Effective dates—1980 c 74 §§ 1, 2, and 3: "Sections 1 and 2 of this
amendatory act are necessary for the immediate preservation of the public
peace, health, and safety, and the support of the state government and its
existing public institutions, and shall take effect with weeks of unemployment beginning after March 31, 1980. Section 3 of this amendatory act
shall take effect with benefit years beginning after June 30, 1980." [1980
c 74 § 7.]
Application—1973 2nd ex.s. c 7: See note following RCW
50.04.310.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
50.04.330 Wages, remuneration—Retirement and
disability payments excepted. Prior to January 1, 1951, the
term "wages" shall not include the amount of any payment
by an employing unit for or on behalf of an individual in its
employ under a plan or system established by such employing unit which makes provision for individuals in its employ
generally, or for a class or classes of such individuals
(including any amount paid by an employing unit for
insurance or annuities or into a fund to provide for any
payment) on account of retirement, sickness or accident
disability, or medical and hospitalization expenses in
connection with sickness or accident disability. After
December 31, 1950, the term "wages" shall not include:
(1) The amount of any payment made (including any
amount paid by an employing unit for insurance or annuities,
or into a fund to provide for any such payment), to, or on
behalf of, an individual or any of his dependents under a
plan or system established by an employing unit which
makes provision generally for individuals performing service
for it (or for such individuals generally and their dependents)
or for a class or classes of such individuals (or for a class or
classes of such individuals and their dependents), on account
of (a) retirement, or (b) sickness or accident disability, or (c)
medical or hospitalization expenses in connection with
sickness or accident disability or (d) death;
(2) the amount of any payment by an employing unit to
an individual performing service for it (including any amount
paid by an employing unit for insurance or annuities, or into
a fund, to provide for any such payment) on account of
retirement;
(3) the amount of any payment on account of sickness
or accident disability, or medical or hospitalization expenses
in connection with sickness or accident disability, made by
an employing unit to, or on behalf of, an individual performing services for it after the expiration of six calendar months
following the last calendar month in which the individual
performed services for such employing unit;
(4) the amount of any payment made by an employing
unit to, or on behalf of, an individual performing services for
it or his beneficiary (a) from or to a trust exempt from tax
under section 165(a) of the federal internal revenue code at
the time of such payment unless such payment is made to an
individual performing services for the trust as remuneration
for such services and not as a beneficiary of the trust, or (b)
under or to an annuity plan which, at the time of such
payments, meets the requirements of section 165(a)(3), (4),
(5), and (6) of the federal internal revenue code; or
(2002 Ed.)
50.04.323
(5) the amount of any payment (other than vacation or
sick pay) made to an individual after the month in which he
attains the age of sixty-five, if he did not perform services
for the employing unit in the period for which such payment
is made. [1951 c 265 § 4; 1949 c 214 § 5; 1945 c 35 § 34;
Rem. Supp. 1949 § 9998-173. Prior: 1943 c 127 § 13;
1941 c 253 § 14; 1939 c 214 § 16; 1937 c 162 § 19.]
Severability—1951 c 265: See note following RCW 50.98.070.
50.04.340 Wages, remuneration—Death benefits
excepted. Prior to January 1, 1951, the term "wages" shall
not include the amount of any payment by an employing unit
for or on behalf of an individual in its employ under a plan
or system established by such employing unit which makes
provision for individuals in its employ generally, or for a
class or classes of such individuals (including any amount
paid by an employing unit for insurance or annuities or into
a fund to provide for any payment) on account of death, provided the individual in its employ
(1) has not the option to receive instead of provisions
for such death benefits, any part of such payment, or, if such
death benefit is insured, any part of the premium (or
contributions to premiums) paid by his employing unit; and
(2) has not the right under the provisions of the plan or
system or policy of insurance providing for such death
benefits to assign such benefits or to receive a cash consideration in lieu of such benefits, either upon his withdrawal
from the plan or system providing for such benefits or upon
termination of such plan or system or policy of insurance or
of his services with such employing unit. [1951 c 265 § 5;
1949 c 214 § 6; 1945 c 35 § 35; Rem. Supp. 1949 § 9998173. Prior: 1943 c 127 § 13; 1941 c 253 § 14.]
Severability—1951 c 265: See note following RCW 50.98.070.
50.04.350 Wages, remuneration—Excepted payments. The term "wages" shall not include the payment by
an employing unit (without deduction from the remuneration
of the individual in its employ) of the tax imposed upon an
individual in employment under section 1400 of the federal
internal revenue code, as amended, or any amount paid to a
person in the military service for any pay period during
which he performs no service for the employer: PROVIDED, HOWEVER, That prior to January 1, 1952, the term
"wages" shall not include dismissal payments which an
employing unit is not legally required to make. [1951 c 265
§ 2; 1945 c 35 § 36; Rem. Supp. 1945 § 9998-174. Prior:
1943 c 127 § 13; 1941 c 253 § 14.]
Severability—1951 c 265: See note following RCW 50.98.070.
50.04.355 Wages, remuneration—Average annual
wage—Average weekly wage—Average annual wage for
contributions purposes. On or before the fifteenth day of
June of each year, an "average annual wage", an "average
weekly wage", and an "average annual wage for contributions purposes" shall be computed from information for the
specified preceding calendar years including corrections
thereof reported within three months after the close of the
final year of the specified years by all employers as defined
in RCW 50.04.080.
(1) The "average annual wage" is the quotient derived
by dividing the total remuneration reported by all employers
[Title 50 RCW—page 13]
50.04.355
Title 50 RCW: Unemployment Compensation
for the preceding calendar year by the average number of
workers reported for all months of the preceding calendar
year and if the result is not a multiple of one dollar, rounding the result to the next lower multiple of one dollar.
(2) The "average weekly wage" is the quotient derived
by dividing the "average annual wage" obtained under (1) of
this subsection by fifty-two and if the result is not a multiple
of one dollar, rounding the result to the next lower multiple
of one dollar.
(3) The "average annual wage for contribution[s]
purposes" is the quotient derived by dividing by three the
total remuneration reported by all employers subject to
contributions for the preceding three consecutive calendar
years and dividing this amount by the average number of
workers reported for all months of these three years by these
same employers and if the result is not a multiple of one
dollar, rounding the result to the next lower multiple of one
dollar. [2000 c 2 § 1; 1977 ex.s. c 33 § 2; 1975 1st ex.s. c
228 § 1; 1973 c 73 § 3; 1970 ex.s. c 2 § 6.]
Conflict with federal requirements—2000 c 2: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the
finding or determination does not affect the operation of the remainder of
this act. Rules adopted under this act must meet federal requirements that
are a necessary condition to the receipt of federal funds by the state or the
granting of federal unemployment tax credits to employers in this state."
[2000 c 2 s 17.]
Severability—2000 c 2: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [2000 c 2 § 18.]
Effective date—2000 c 2: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[February 7, 2000]." [2000 c 2 § 19.]
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note
following RCW 50.22.150.
Effective dates—Construction—1977 ex.s. c 33: See notes
following RCW 50.04.030.
Effective date—1975 1st ex.s. c 228: "All sections of this 1975
amendatory act are necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government and its
existing public institutions, and shall take effect on the first Sunday
following signature by the governor [June 29, 1975]." [1975 1st ex.s. c 228
§ 19.]
Effective dates—1973 c 73: See note following RCW 50.04.030.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
50.04.360 Week. "Week" means any period of seven
consecutive calendar days ending at midnight as the commissioner may by regulation prescribe. [1945 c 35 § 37; Rem.
Supp. 1945 § 9998-175. Prior: 1943 c 127 § 13; 1941 c
253 § 14; 1939 c 214 § 16; 1937 c 162 § 19.]
Chapter 50.06
TEMPORARY TOTAL DISABILITY
Sections
50.06.010
50.06.020
50.06.030
Purpose.
Allowable beneficiaries.
Application for initial determination of disability—Special
base year—Special individual benefit year.
[Title 50 RCW—page 14]
50.06.040
50.06.050
50.06.900
50.06.910
Laws and regulations governing amounts payable and right
to benefits.
Use of wages and time worked for prior claims—Effect.
Application of chapter—Recipients of industrial insurance or
crime victims compensation.
Partial invalidity of chapter.
50.06.010 Purpose. This chapter is enacted for the
purpose of providing the protection of the unemployment
compensation system to persons who have suffered a temporary total disability and is a recognition by this legislature of
the economic hardship confronting those persons who have
not been promptly reemployed after a prolonged period of
temporary total disability. [1993 c 483 § 3; 1984 c 65 § 1;
1975 1st ex.s. c 228 § 7.]
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.06.020 Allowable beneficiaries. The benefits of
this chapter shall be allowed only to:
(1) Individuals who have suffered a temporary total
disability and have received compensation under the industrial insurance or crime victims compensation laws of this
state, any other state or the United States for a period of not
less than thirteen consecutive calendar weeks by reason of
such temporary total disability; or
(2) Individuals who are reentering the work force after
an absence of not less than thirteen consecutive calendar
weeks resulting from temporary total physical disability
because of a nonwork-related injury or illness: PROVIDED,
That individuals authorized to receive benefits under this
subsection are required to meet other eligibility requirements
under Title 50 RCW. [1993 c 483 § 4; 1984 c 65 § 2; 1975
1st ex.s. c 228 § 8.]
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.06.030 Application for initial determination of
disability—Special base year—Special individual benefit
year. (1) In the case of individuals eligible under RCW
50.06.020(1), an application for initial determination made
pursuant to this chapter, to be considered timely, must be
filed in accordance with RCW 50.20.140 within twenty-six
weeks following the week in which the period of temporary
total disability commenced. Notice from the department of
labor and industries shall satisfy this requirement. The
records of the agency supervising the award of compensation
shall be conclusive evidence of the fact of temporary
disability and the beginning date of such disability.
(2) In the case of individuals eligible under RCW
50.06.020(2), an application for initial determination must be
filed in accordance with RCW 50.20.140 within twenty-six
weeks following the week in which the period of temporary
total physical disability commenced. This filing requirement
is satisfied by filing a signed statement from the attending
physician stating the date that the disability commenced and
stating that the individual was unable to reenter the work
force during the time of the disability. The department may
examine any medical information related to the disability.
(2002 Ed.)
Temporary Total Disability
If the claim is appealed, a base year employer may examine
the medical information related to the disability and require,
at the employer’s expense, that the individual obtain the
opinion of a second health care provider selected by the
employer concerning any information related to the disability.
(3) The employment security department shall process
and issue an initial determination of entitlement or
nonentitlement as the case may be.
(4) For the purpose of this chapter, a special base year
is established for an individual consisting of either the first
four of the last five completed calendar quarters or the last
four completed calendar quarters immediately prior to the
first day of the calendar week in which the individual’s
temporary total disability commenced, and a special individual benefit year is established consisting of the entire period
of disability and a fifty-two consecutive week period
commencing with the first day of the calendar week immediately following the week or part thereof with respect to
which the individual received his final temporary total
disability compensation under the applicable industrial
insurance or crime victims compensation laws, or the week
in which the individual reentered the work force after an
absence under subsection (2) of this section, as applicable,
except that no special benefit year shall have a duration in
excess of three hundred twelve calendar weeks: PROVIDED
HOWEVER, That such special benefit year will not be
established unless the criteria contained in RCW 50.04.030
has been met, except that an individual meeting the eligibility requirements of this chapter and who has an unexpired
benefit year established which would overlap the special
benefit year provided by this chapter, notwithstanding the
provisions in RCW 50.04.030 relating to the establishment
of a subsequent benefit year and RCW 50.40.010 relating to
waiver of rights, may elect to establish a special benefit year
under this chapter: PROVIDED FURTHER, that the
unexpired benefit year shall be terminated with the beginning
of the special benefit year if the individual elects to establish
such special benefit year.
(5) For the purposes of establishing a benefit year, the
department shall initially use the first four of the last five
completed calendar quarters as the base year. If a benefit
year is not established using the first four of the last five
calendar quarters as the base year, the department shall use
the last four completed calendar quarters as the base year.
[2002 c 73 § 1; 1993 c 483 § 5; 1987 c 278 § 3; 1984 c 65
§ 3; 1975 1st ex.s. c 228 § 9.]
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.06.040 Laws and regulations governing amounts
payable and right to benefits. The individual’s weekly
benefit amount and maximum amount payable during the
special benefit year shall be governed by the provision
contained in RCW 50.20.120. The individual’s basic and
continuing right to benefits shall be governed by the general
laws and regulations relating to the payment of unemployment compensation benefits to the extent that they are not in
conflict with the provisions of this chapter. [1975 1st ex.s.
c 228 § 10.]
(2002 Ed.)
50.06.030
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.06.050 Use of wages and time worked for prior
claims—Effect. The fact that wages, hours or weeks
worked during the special base year may have been used in
the computation of a prior valid claim for unemployment
compensation shall not affect a claim for benefits made
pursuant to the provisions of this chapter; however, wages,
hours and weeks worked used in computing entitlement on
a claim filed pursuant to this chapter shall not be available
or used for establishing entitlement or amount of benefits in
any succeeding benefit year. [1975 1st ex.s. c 228 § 11.]
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.06.900 Application of chapter—Recipients of
industrial insurance or crime victims compensation. (1)
This chapter shall be available to individuals who suffer a
temporary total disability, compensable by an industrial
insurance program, after June 29, 1975.
(2) This chapter shall also be available to individuals
who suffer a temporary total disability compensable under
crime victims compensation laws, after June 7, 1984. [1984
c 65 § 4; 1975 1st ex.s. c 228 § 12.]
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.06.910 Partial invalidity of chapter. Should any
part of this chapter be declared unconstitutional by the final
decision of any court or declared out of conformity by the
United States secretary of labor, the commissioner shall
immediately discontinue the payment of benefits based on
this chapter, declare it inoperative and report that fact to the
governor and the legislature. [1975 1st ex.s. c 228 § 13.]
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
Chapter 50.08
ESTABLISHMENT OF DEPARTMENT
Sections
50.08.010 Employment security department established.
50.08.020 Divisions established.
50.08.030 Administration of family services and programs.
Displaced homemaker act, departmental participation: RCW 28B.04.080.
Labor market information and economic analysis—Duties and authority:
Chapter 50.38 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
50.08.010 Employment security department established. There is established the employment security
department for the state, to be administered by a commissioner. The commissioner shall be appointed by the governor with the consent of the senate, and shall hold office at
the pleasure of, and receive such compensation for his
services as may be fixed by, the governor. [1953 ex.s. c 8
§ 3; 1947 c 215 § 8; 1945 c 35 § 38; Rem. Supp. 1947 §
9998-176. Prior: 1939 c 19 § 1; 1937 c 162 § 12.]
[Title 50 RCW—page 15]
50.08.020
Title 50 RCW: Unemployment Compensation
50.08.020 Divisions established. There are hereby
established in the employment security department two
coordinate divisions to be known as the unemployment
compensation division, and the Washington state employment service division, each of which shall be administered
by a full time salaried supervisor who shall be an assistant
to the commissioner and shall be appointed by him. Each
division shall be responsible to the commissioner for the
dispatch of its distinctive functions. Each division shall be
a separate administrative unit with respect to personnel,
budget, and duties, except insofar as the commissioner may
find that such separation is impracticable.
It is hereby further provided that the governor in his
discretion may delegate any or all of the organization,
administration and functions of the said Washington state
employment service division to any federal agency. [1973
1st ex.s. c 158 § 1; 1947 c 215 § 9; 1945 c 35 § 39; Rem.
Supp. 1947 § 9998-177. Prior: 1943 c 127 § 9; 1939 c 214
§ 7; 1937 c 162 § 9.]
Effective date—1973 1st ex.s. c 158: "This 1973 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1973." [1973 1st ex.s. c 158 § 21.]
50.08.030 Administration of family services and
programs. The commissioner shall administer family
services and programs to promote the state’s policy as
provided in RCW 74.14A.025. [1992 c 198 § 10.]
Severability—Effective date—1992 c 198: See RCW 70.190.910
and 70.190.920.
Chapter 50.12
ADMINISTRATION
Sections
50.12.010
50.12.020
50.12.031
50.12.040
50.12.045
50.12.050
50.12.060
50.12.070
50.12.080
50.12.090
50.12.100
50.12.120
50.12.130
50.12.140
50.12.150
50.12.160
50.12.170
50.12.180
50.12.190
50.12.200
50.12.210
50.12.220
50.12.230
50.12.235
50.12.240
Commissioner’s duties and powers.
Personnel appointed by commissioner.
Personnel board—Travel expenses of board.
Rule-making authority.
Contract to issue conditional federal employer identification
numbers, credentials, and documents in conjunction with
license applications.
Reciprocal benefit arrangements.
Reciprocal coverage arrangements.
Employing unit records and reports—Unified business identifier account number records.
Arbitrary reports.
Interstate use of employing unit records.
Compulsory production of records and information.
Protection against self-incrimination.
Oaths and witnesses.
Destruction of office records.
Representation by attorney general.
Publication of title, rules and regulations, etc.
Services and fees of sheriffs.
State-federal cooperation.
Employment stabilization.
State advisory council—Committees and councils.
Employment services for handicapped—Report to legislative
committees.
Penalties for late reports or contributions—Assessment—
Appeal.
Job skills training program—Department’s duties.
Washington conservation corps—Department’s duties.
On-the-job training—Employer qualifications established by
rule.
[Title 50 RCW—page 16]
50.12.245
Cooperation with work force training and education coordinating board.
50.12.250 Information clearinghouse to assist in employment of persons of disability.
50.12.252 Information clearinghouse—Consultation on establishment.
50.12.280 Displaced workers account—Compensation and retraining
after thermal electric generation facility’s cessation of
operation.
Administration of OASI plans for members of teachers’ retirement and state
employees’ retirement systems: Chapters 41.33, 41.41 RCW.
Merit system: Chapter 41.06 RCW.
50.12.010 Commissioner’s duties and powers. The
commissioner shall administer this title. He shall have the
power and authority to adopt, amend, or rescind such rules
and regulations, to employ such persons, make such expenditures, require such reports, make such investigations, and
take such other action as he deems necessary or suitable to
that end. Such rules and regulations shall be effective upon
publication and in the manner, not inconsistent with the
provisions of this title, which the commissioner shall
prescribe. The commissioner, in accordance with the
provisions of this title, shall determine the organization and
methods of procedure of the divisions referred to in this title,
and shall have an official seal which shall be judicially
noticed. The commissioner shall submit to the governor a
report covering the administration and operation of this title
during the preceding fiscal year, July 1 through June 30, and
shall make such recommendations for amendments to this
title as he deems proper. Such report shall include a balance
sheet of the moneys in the fund in which there shall be
provided, if possible, a reserve against the liability in future
years to pay benefits in excess of the then current contributions, which reserve shall be set up by the commissioner in
accordance with accepted actuarial principles on the basis of
statistics of employment, business activity, and other relevant
factors for the longest possible period. Whenever the
commissioner believes that a change in contribution or
benefit rates will become necessary to protect the solvency
of the fund, he shall promptly so inform the governor and
legislature and make recommendations with respect thereto.
[1977 c 75 § 75; 1955 c 286 § 1; 1949 c 214 § 7; 1945 c 35
§ 40; Rem. Supp. 1949 § 9998-178. Prior: 1943 c 127 § 8;
1941 c 253 § 8; 1939 c 12 § 2.]
50.12.020 Personnel appointed by commissioner.
The commissioner is authorized to appoint and fix the
compensation of such officers, accountants, experts, and
other personnel as may be necessary to carry out the
provisions of this title: PROVIDED, That such appointment
shall be made on a nonpartisan merit basis in accordance
with the provisions of this title relating to the selection of
personnel. The commissioner may delegate to any person
appointed such power and authority as the commissioner
deems reasonable and proper for the effective administration
of this title, including the right to decide matters placed in
the commissioner’s discretion under this title, and may in his
or her discretion bond any person handling moneys or
signing checks hereunder. [1985 c 96 § 1; 1973 1st ex.s. c
158 § 2; 1945 c 35 § 41; Rem. Supp. 1945 § 9998-179.
Prior: 1943 c 127 § 8; 1941 c 253 § 8; 1939 c 214 § 9;
1937 c 162 § 11.]
(2002 Ed.)
Administration
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
50.12.031 Personnel board—Travel expenses of
board. Members of the board shall be allowed travel
expenses in accordance with RCW 43.03.050 and 43.03.060
as now existing or hereafter amended while traveling to and
from and attending regularly called meetings. [1975-’76 2nd
ex.s. c 34 § 148; 1959 c 127 § 2.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
50.12.040 Rule-making authority. Permanent and
emergency rules shall be adopted, amended, or repealed by
the commissioner in accordance with the provisions of Title
34 RCW and the rules adopted pursuant thereto: PROVIDED, That the commissioner may not adopt rules after July
23, 1995, that are based solely on a section of law stating a
statute’s intent or purpose, on the enabling provisions of the
statute establishing the agency, or on any combination of
such provisions, for statutory authority to adopt any rule.
[1995 c 403 § 109; 1973 1st ex.s. c 158 § 3; 1945 c 35 §
43; Rem. Supp. 1945 § 9998-181. Prior: 1943 c 127 § 8;
1941 c 253 § 8; 1939 c 214 § 9; 1937 c 162 § 11.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
50.12.045 Contract to issue conditional federal
employer identification numbers, credentials, and documents in conjunction with license applications. The
commissioner may contract with the federal internal revenue
service, or other appropriate federal agency, to issue conditional federal employer identification numbers, or other
federal credentials or documents, at specified offices and
locations of the agency in conjunction with any application
for state licenses under chapter 19.02 RCW. [1997 c 51 §
5.]
Intent—1997 c 51: See note following RCW 19.02.300.
50.12.050 Reciprocal benefit arrangements. As used
in this section the terms "other state" and "another state"
shall be deemed to include any state or territory of the
United States, the District of Columbia, the Commonwealth
of Puerto Rico and any foreign government and, where
applicable, shall also be deemed to include the federal
government or provisions of a law of the federal government, as the case may be.
As used in this section the term "claim" shall be deemed
to include whichever of the following terms is applicable, to
wit: "Application for initial determination", "claim for
waiting period credit", or "claim for benefits".
The commissioner shall enter into an agreement with
any other state whereby in the event an individual files a
claim in another state against wages earned in employment
in this state, or against wage credits earned in this state and
in any other state or who files a claim in this state against
wage credits earned in employment in any other state, or
against wages earned in this state and in any other state, the
(2002 Ed.)
50.12.020
claim will be paid by this state or another state as designated
by the agreement in accordance with a determination on the
claim as provided by the agreement and pursuant to the
qualification and disqualification provisions of this title or
under the provisions of the law of the designated paying
state (including another state) or under such a combination
of the provisions of both laws as shall be determined by the
commissioner as being fair and reasonable to all affected
interests, and whereby the wages of such individual, if
earned in two or more states (including another state) may
be combined, and further, whereby this state or another state
shall reimburse the paying state in an amount which shall
bear the same ratio to the amount of benefits already paid as
the amount of wage credits transferred by this state or
another state, and used in the determination, bear to the total
wage credits used in computing the claimant’s maximum
amount of benefits potentially payable.
Whenever any claim is filed by an individual involving
the combination of wages or a reciprocal arrangement for the
payment of benefits, which is governed by the provisions of
this section, the employment security department of this
state, when not designated as the paying state, shall promptly
make a report to the other state making the determination,
showing wages earned in employment in this state.
The commissioner is hereby authorized to make to
another state and to receive from another state reimbursements from or to the unemployment compensation fund in
accordance with arrangements made pursuant to the provisions of this section. [1977 ex.s. c 292 § 9; 1971 c 3 § 11;
1959 c 266 § 1; 1949 c 214 § 8; 1945 c 35 § 44; Rem.
Supp. 1949 § 9998-182. Prior: 1943 c 127 § 8; 1941 c 253
§ 8; 1939 c 214 § 9; 1937 c 162 § 11.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.12.060 Reciprocal coverage arrangements. The
commissioner is hereby authorized to enter into arrangements
with the appropriate agencies of other states, foreign governments or the federal government whereby services performed
by an individual for a single employing unit for which
services are customarily performed in more than one state
shall be deemed to be services performed entirely within any
one of the states (1) in which any part of such individual’s
service is performed, or (2) in which such individual has his
residence, or (3) in which the employing unit maintains a
place of business: PROVIDED, That there is in effect, as to
such services, an election by the employing unit with the
acquiescence of such individual, approved by the agency
charged with the administration of such state’s unemployment compensation law, pursuant to which all the services
performed by such individual for such employing unit are
deemed to be performed entirely within such state. [1945 c
35 § 45; Rem. Supp. 1945 § 9998-183. Prior: 1943 c 127
§ 8; 1941 c 253 § 8; 1939 c 214 § 9; 1937 c 162 § 11.]
50.12.070 Employing unit records and reports—
Unified business identifier account number records.
(1)(a) Each employing unit shall keep true and accurate work
records, containing such information as the commissioner
[Title 50 RCW—page 17]
50.12.070
Title 50 RCW: Unemployment Compensation
may prescribe. Such records shall be open to inspection and
be subject to being copied by the commissioner or his or her
authorized representatives at any reasonable time and as
often as may be necessary. The commissioner may require
from any employing unit any sworn or unsworn reports with
respect to persons employed by it, which he or she deems
necessary for the effective administration of this title.
(b) An employer who contracts with another person or
entity for work subject to chapter 18.27 or 19.28 RCW shall
obtain and preserve a record of the unified business identifier
account number for the person or entity performing the
work. Failure to obtain or maintain the record is subject to
RCW 39.06.010 and to a penalty determined by the commissioner, but not to exceed two hundred fifty dollars, to be
collected as provided in RCW 50.24.120.
(2)(a) Each employer shall make periodic reports at such
intervals as the commissioner may by regulation prescribe,
setting forth the remuneration paid for employment to
workers in its employ, the names of all such workers, and
until April 1, 1978, the number of weeks for which the
worker earned the "qualifying weekly wage", and beginning
July 1, 1977, the hours worked by each worker and such
other information as the commissioner may by regulation
prescribe.
(b) If the employing unit fails or has failed to report the
number of hours in a reporting period for which a worker
worked, such number will be computed by the commissioner
and given the same force and effect as if it had been
reported by the employing unit. In computing the number
of such hours worked the total wages for the reporting
period, as reported by the employing unit, shall be divided
by the dollar amount of the state’s minimum wage in effect
for such reporting period and the quotient, disregarding any
remainder, shall be credited to the worker: PROVIDED,
That although the computation so made will not be subject
to appeal by the employing unit, monetary entitlement may
be redetermined upon request if the department is provided
with credible evidence of the actual hours worked. [1997 c
54 § 2; 1983 1st ex.s. c 23 § 8; 1977 ex.s. c 33 § 3; 1975
1st ex.s. c 228 § 2; 1945 c 35 § 46; Rem. Supp. 1945 §
9998-184. Prior: 1943 c 127 § 8; 1939 c 214 § 9; 1937 c
162 § 11.]
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective dates—Construction—1977 ex.s. c 33: See notes
following RCW 50.04.030.
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.12.080 Arbitrary reports. If any employing unit
fails to make or file any report or return required by this
title, or any regulation made pursuant hereto, the commissioner may, upon the basis of such knowledge as may be
available to him, arbitrarily make a report on behalf of such
employing unit and the report so made shall be deemed to be
prima facie correct. In any action or proceedings brought
for the recovery of contributions, interest, or penalties due
upon the payroll of an employer, the certificate of the
department that an audit has been made of the payroll of
such employer pursuant to the direction of the department,
or a certificate that a return has been filed by or for an
employer or estimated by reason of lack of a return, shall be
[Title 50 RCW—page 18]
prima facie evidence of the amount of such payroll for the
period stated in the certificate. [1983 1st ex.s. c 23 § 9;
1951 c 215 § 2; 1945 c 35 § 47; Rem. Supp. 1945 § 9998185. Prior: 1943 c 127 § 8.]
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
50.12.090 Interstate use of employing unit records.
The records of an employer maintained in this state pertaining to employment of persons in another state shall be open
to representatives of the commissioner to permit cooperation
with other state unemployment compensation agencies in
ascertaining information necessary to administer the unemployment compensation acts of such other states. [1945 c 35
§ 48; Rem. Supp. 1945 § 9998-186.]
50.12.100 Compulsory production of records and
information. In case of contumacy or refusal to obey
subpoenas issued to any person, any court of the state within
the jurisdiction of which the inquiry is carried on, or within
the jurisdiction of which said person guilty of contumacy or
refusal to obey is found or resides or transacts business,
upon application by any duly authorized representative of the
commissioner, shall have jurisdiction to issue to such person
an order requiring such person to appear before such
authorized representative, there to produce evidence, if so
ordered, or there to give testimony touching the matter under
investigation, or in question. Failure to obey such order of
the court may be punished by said court as a contempt thereof. [1945 c 35 § 49; Rem. Supp. 1945 § 9998-187. Prior:
1939 c 214 § 9; 1937 c 162 § 11.]
50.12.120 Protection against self-incrimination. No
person shall be excused from attending and testifying or
from producing books, papers, correspondence, memoranda,
and other records before any duly authorized representative
of the commissioner or any appeal tribunal in obedience to
the subpoena of such representative of the commissioner or
such appeal tribunal, on the ground that the testimony or
evidence, documentary or otherwise, required of him may
tend to incriminate him or subject him to a penalty or
forfeiture; but no individual shall be prosecuted or subjected
to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after
having claimed his privilege against self-incrimination, to
testify or produce evidence, documentary or otherwise,
except that such individual so testifying shall not be exempt
from prosecution and punishment for perjury committed in
so testifying. [1945 c 35 § 51; Rem. Supp. 1945 § 9998189. Prior: 1943 c 127 § 8; 1939 c 214 § 9; 1937 c 162 §
11.]
50.12.130 Oaths and witnesses. In the discharge of
the duties imposed by this title, the appeal tribunal and any
duly authorized representative of the commissioner shall
have power to administer oaths and affirmations, take depositions, certify to official acts and issue subpoenas to compel
the attendance of witnesses and the production of books,
papers, correspondence, memoranda, and other records
deemed to be necessary as evidence in connection with any
dispute or the administration of this title. It shall be unlaw(2002 Ed.)
Administration
ful for any person, without just cause, to fail to comply with
subpoenas issued pursuant to the provisions of this section.
[1945 c 35 § 52; Rem. Supp. 1945 § 9998-190. Prior: 1943
c 127 § 8; 1941 c 253 § 8; 1939 c 214 § 9; 1937 c 162 §
11.]
50.12.140 Destruction of office records. The
commissioner may destroy any form, claim, ledger, check,
letter, or other record of the employment security department
at the expiration of three years after such record was originated by or filed with the employment security department,
except that warrants and claims, claim determination,
employer liability forms and contribution reports may be
destroyed at the expiration of six years after such form is
originated by or filed with the employment security department, and except that this section shall not apply to records
pertaining to grants, accounts or expenditures for administration, records of the unemployment compensation fund and
the unemployment compensation administration fund. [1947
c 215 § 11; 1945 c 35 § 53; Rem. Supp. 1947 § 99998-191.]
Preservation and destruction of public records: Chapter 40.14 RCW.
50.12.150 Representation by attorney general. The
attorney general shall be the general counsel of each and all
divisions and departments under this title and it shall be his
duty to institute and prosecute all actions and proceedings
which may be necessary in the enforcement and carrying out
of each, every, and all of the provisions of this title, and it
shall be the duty of the attorney general to assign such
assistants and attorneys as may be necessary to the exclusive
duty of assisting each, every, and all divisions and departments created under this title in the enforcement of this
title. The salaries of such assistants shall be paid out of the
unemployment compensation administration fund, together
with their expenses fixed by the attorney general and
allowed by the treasurer of the unemployment compensation
administration fund when approved upon vouchers by the
attorney general. [1945 c 35 § 54; Rem. Supp. 1945 §
9998-192. Prior: 1937 c 162 § 17.]
Attorney general: Chapter 43.10 RCW.
50.12.160 Publication of title, rules and regulations,
etc. The commissioner may cause to be printed for distribution to the public the text of this title, the regulations and
general rules, and other material which he deems relevant
and suitable. [1977 c 75 § 76; 1945 c 35 § 55; Rem. Supp.
1945 § 9998-193.]
50.12.170 Services and fees of sheriffs. The sheriff
of any county, upon request of the commissioner or his duly
authorized representative, or upon request of the attorney
general, shall, for and on behalf of the commissioner,
perform the functions of service, distraint, seizure, and sale,
authority for which is granted to the commissioner or his
duly authorized representative. No bond shall be required by
the sheriff of any county for services rendered for the
commissioner, his duly authorized representative, or the
attorney general. The sheriff shall be allowed such fees as
may be prescribed for like or similar official services. [1945
c 35 § 56; Rem. Supp. 1945 § 9998-194.]
50.12.130
50.12.180 State-federal cooperation. The commissioner, through the Washington state employment service
division, shall establish and maintain free public employment
offices in such places as may be necessary for the proper
administration of this title and for the purpose of performing
such duties as are within the purview of the act of congress
entitled "An Act to provide for the establishment of a
national employment system and for other purposes," approved June 6, 1933 (48 Stat. 113; U.S.C. Title 29, Sec.
49(c), as amended).
In the administration of this title the commissioner shall
cooperate to the fullest extent consistent with the provisions
of this title, with any official or agency of the United States
having powers or duties under the provisions of the said act
of congress, as amended, and to do and perform all things
necessary to secure to this state the benefits of the said act
of congress, as amended, in the promotion and maintenance
of a system of public employment offices. The provisions
of the said act of congress, as amended, are hereby accepted
by this state, in conformity with section 4 of said act and
there shall be observance of and compliance with the
requirements thereof. The commissioner may cooperate with
or enter into agreements with the railroad retirement board
with respect to the establishment, maintenance, and use of
free employment service facilities, and make available to
said board the state’s records relating to the administration
of this title, and furnish such copies thereof, at the expense
of the board, as it may deem necessary for its purposes.
The commissioner shall comply with such provisions as
the social security board, created by the social security act,
approved August 14, 1935, as amended, may from time to
time require, regarding reports and the correctness and
verification thereof, and shall comply with the regulations of
the social security board governing the expenditures of such
sums as may be allotted and paid to this state under Title III
of the social security act for the purpose of assisting the
administration of this title. The commissioner may afford
reasonable cooperation with every agency of the United
States charged with the administration of any unemployment
insurance law.
The governor is authorized to apply for an advance to
the state unemployment fund and to accept the responsibility
for the repayment of such advance in accordance with the
conditions specified in Title XII of the social security act, as
amended, in order to secure to this state and its citizens the
advantages available under the provisions of such title.
The commissioner is also authorized and empowered to
take such steps, not inconsistent with law, as may be
necessary for the purpose of procuring for the people of this
state all of the benefits and assistance, financial and otherwise, provided, or to be provided for, by or pursuant to any
act of congress.
Upon request therefor the commissioner shall furnish to
any agency of the United States charged with the administration of public works or assistance through public employment, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient’s
rights to further benefits under this title. [1973 1st ex.s. c
158 § 4; 1959 c 266 § 2; 1945 c 35 § 57; Rem. Supp. 1945
§ 9998-195. Prior: 1943 c 127 § 8; 1941 c 253 § 8; 1939
c 214 § 9; 1937 c 162 § 11.]
County sheriff: Chapter 36.28 RCW.
(2002 Ed.)
[Title 50 RCW—page 19]
50.12.180
Title 50 RCW: Unemployment Compensation
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
50.12.190 Employment stabilization. The commissioner shall take all appropriate steps to reduce and prevent
unemployment; to encourage and assist in the adoption of
practical methods of vocational training, retraining and
vocational guidance; to investigate, recommend, advise, and
assist in the establishment and operation by municipalities,
counties, school districts, and the state, of reserves for public
works to be used in times of business depression and
unemployment; to promote the reemployment of unemployed
workers throughout the state in every other way that may be
feasible; and to these ends to carry and publish the results of
investigations and research studies. [1945 c 35 § 58; Rem.
Supp. 1945 § 9998-197. Prior: 1943 c 127 § 8; 1941 c 253
§ 8; 1939 c 214 § 9; 1937 c 162 § 11.]
50.12.200 State advisory council—Committees and
councils. The commissioner shall appoint a state advisory
council composed of not more than nine men and women, of
which three shall be representatives of employers, three shall
be representatives of employees, and three shall be representatives of the general public. Such council shall aid the
commissioner in formulating policies and discussing problems related to the administration of this title and of assuring
impartiality and freedom from political influence in the
solution of such problems. The council shall serve without
compensation. The commissioner may also appoint committees, and industrial or other special councils, to perform
appropriate services. Advisory council members shall be
reimbursed for travel expenses incurred in accordance with
RCW 43.03.050 and 43.03.060 as now existing or hereafter
amended. [1982 1st ex.s. c 18 § 1; 1975-’76 2nd ex.s. c 34
§ 149; 1953 ex.s. c 8 § 4; 1947 c 215 § 12; 1945 c 35 § 59;
Rem. Supp. 1947 § 9998-197. Prior: 1941 c 253 § 17.]
Severability—1982 1st ex.s. c 18: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 18 § 22.]
Conflict with federal requirements—1982 1st ex.s. c 18: "If any
part of this act is found to be in conflict with federal requirements which are
a prescribed condition to the allocation of federal funds to the state, the
conflicting part of this act is hereby declared to be inoperative solely to the
extent of the conflict and with respect to the agencies directly affected, and
such finding or determination shall not affect the operation of the remainder
of this act in its application to the agencies concerned. The rules under this
act shall meet federal requirements which are a necessary condition to the
receipt of federal funds by the state." [1982 1st ex.s. c 18 § 21.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
50.12.210 Employment services for handicapped—
Report to legislative committees. It is the policy of the
state of Washington that persons with physical, mental, or
sensory handicaps shall be given equal opportunities in
employment. The legislature recognizes that handicapped
persons have faced unfair discrimination in employment.
For these reasons, the state employment service division
of the employment security department shall give particular
and special attention service to those persons with physical,
mental, or sensory handicaps which substantially limit one or
more of their major life functions as defined under P.L. 93[Title 50 RCW—page 20]
112 and rules promulgated thereunder. Particular and special
attention service shall include but not be limited to particular
and special attention in counseling, referral, notification of
job listings in advance of other persons, and other services
of the employment service division.
Nothing in this section shall be construed so as to affect
the veteran’s preference or any other requirement of the
United States department of labor.
The employment security department shall report to the
house and senate commerce and labor committees by
December 1, 1987, on its accomplishments under this section
and on its future plans for implementation of this section.
The department shall report to the above mentioned committees every odd-numbered year thereafter on its actions under
this section.
The employment security department shall establish
rules to implement this section. [1987 c 76 § 1; 1977 ex.s.
c 273 § 1.]
50.12.220 Penalties for late reports or contributions—Assessment—Appeal. (1) If an employer fails to
file in a timely and complete manner a report required by
RCW 50.12.070 as now or hereafter amended or the rules
adopted pursuant thereto, the employer shall be subject to a
minimum penalty of ten dollars per violation.
(2) If contributions are not paid on the date on which
they are due and payable as prescribed by the commissioner,
there shall be assessed a penalty of five percent of the
amount of the contributions for the first month or part
thereof of delinquency; there shall be assessed a total penalty
of ten percent of the amount of the contributions for the
second month or part thereof of delinquency; and there shall
be assessed a total penalty of twenty percent of the amount
of the contributions for the third month or part thereof of
delinquency. No penalty so added shall be less than ten
dollars. These penalties are in addition to the interest
charges assessed under RCW 50.24.040.
(3) Penalties shall not accrue on contributions from an
estate in the hands of a receiver, executor, administrator,
trustee in bankruptcy, common law assignee, or other
liquidating officer subsequent to the date when such receiver,
executor, administrator, trustee in bankruptcy, common law
assignee, or other liquidating officer qualifies as such, but
contributions accruing with respect to employment of persons by a receiver, executor, administrator, trustee in
bankruptcy, common law assignee, or other liquidating
officer shall become due and shall be subject to penalties in
the same manner as contributions due from other employers.
(4) Where adequate information has been furnished to
the department and the department has failed to act or has
advised the employer of no liability or inability to decide the
issue, penalties shall be waived by the commissioner.
Penalties may also be waived for good cause if the commissioner determines that the failure to timely file reports or pay
contributions was not due to the employer’s fault.
(5) Any decision to assess a penalty as provided by this
section shall be made by the chief administrative officer of
the tax branch or his or her designee.
(6) Nothing in this section shall be construed to deny an
employer the right to appeal the assessment of any penalty.
(2002 Ed.)
Administration
Such appeal shall be made in the manner provided in RCW
50.32.030. [1987 c 111 § 2; 1979 ex.s. c 190 § 1.]
Conflict with federal requirements—1987 c 111: "If any part of
this act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements which are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1987 c 111 § 10.]
Severability—1987 c 111: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 111 § 11.]
Effective date—1987 c 111: "This act shall take effect July 1, 1987.
Sections 2 and 8 of this act shall be effective for quarters beginning on and
after July 1, 1987." [1987 c 111 § 12.]
50.12.230
Job skills training program—
Department’s duties. See RCW 28C.04.400 through
28C.04.420.
50.12.235 Washington conservation corps—
Department’s duties. See chapter 43.220 RCW.
50.12.240 On-the-job training—Employer qualifications established by rule. The commissioner may establish
by rule qualifications for employers who agree to provide
on-the-job training for new employees. [1985 c 299 § 2.]
50.12.220
and access to, the state’s training and placement programs for persons of
disability requires coordination and a clear focus on the stated needs of
persons of disability and their prospective employers. It is the purpose of
this chapter to guarantee that representatives of the disability community,
labor, and the private sector have an institutionalized means of meeting their
respective needs in the training, employment, and economic participation of
persons of disability." [1987 c 369 § 1.]
50.12.252 Information clearinghouse—Consultation
on establishment. In establishing the information clearinghouse, the employment security department shall consult
with organizations of private sector employers and persons
of disability. [1987 c 369 § 3.]
Legislative finding—1987 c 369: See note following RCW
50.12.250.
50.12.280
Displaced workers account—
Compensation and retraining after thermal electric
generation facility’s cessation of operation. The displaced
workers account is established. All moneys from RCW
82.32.393 must be deposited into the account. Moneys in
the account may be spent only after appropriation. Expenditures from the account may be used only to provide for
compensation and retraining of displaced workers of the
thermal electric generation facility and of the coal mine that
supplied coal to the facility. The benefits from the account
are in addition to all other compensation and retraining
benefits to which the displaced workers are entitled under
existing state law. The employment security department
shall administer the distribution of moneys from the account.
[1997 c 368 § 13.]
50.12.245 Cooperation with work force training and
education coordinating board. The commissioner shall
cooperate with the work force training and education
coordinating board in the conduct of the board’s responsibilities under RCW 28C.18.060 and shall provide information
and data in a format that is accessible to the board. [1991
c 238 § 80.]
Findings—Intent—Rules adoption—Severability—Effective date—
1997 c 368: See notes following RCW 82.08.810.
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Sections
50.13.010
50.13.015
50.12.250 Information clearinghouse to assist in
employment of persons of disability. The employment
security department shall establish an information clearinghouse for use by persons of disability and governmental and
private employers. The services of the clearinghouse shall
include:
(1) Provision of information on private and state
services available to assist persons of disability in their
training and employment needs;
(2) Provision of information on private, state, and
federal incentive programs and services available to employers of persons of disability; and
(3) Publication of a comprehensive list of programs and
services in subsections (1) and (2) of this section. [1987 c
369 § 2.]
Legislative finding—1987 c 369: "The legislature finds that
improving the economic status of persons of disability, the state’s largest
social minority with over four hundred thousand people, will require active
state involvement. Persons of disability suffer unemployment at almost
twice the rate and experience poverty at more than twice the rate of the
general population. Employers have experienced confusion about the
variety of employment services available to them. Optimum service from,
(2002 Ed.)
Chapter 50.13
RECORDS AND INFORMATION—
PRIVACY AND CONFIDENTIALITY
50.13.020
50.13.030
50.13.040
50.13.050
50.13.060
50.13.070
50.13.080
50.13.090
50.13.100
50.13.900
50.13.905
50.13.910
Legislative intent and recognition.
Information held private and confidential—Requests for
disclosure.
Information or records deemed private and confidential—
Release when required by federal program.
Rules.
Access of individual or employing unit to records and information.
Access to records or information by interested party in proceeding before appeal tribunal or commissioner—
Decisions not private and confidential, exception.
Access to records or information by governmental agencies.
Availability of records or information to parties to judicial
or administrative proceedings—Discovery proceedings—
Subpoenas.
Disclosure of records or information to private persons or
organizations contracting to assist in operation and
management of department—Penalties.
Disclosure of records or information to contracting governmental or private organizations.
Disclosure of records or information where identifying details deleted or individual or employing unit consents.
Construction.
Severability—1977 ex.s. c 153.
Legislative designation and placement.
[Title 50 RCW—page 21]
50.13.010
Title 50 RCW: Unemployment Compensation
50.13.010 Legislative intent and recognition. This
chapter is intended to reconcile the free access to public
records granted by the open government act and the discovery rights of judicial and administrative systems with the
historical confidentiality of certain records of the department
of employment security and the individual’s right of privacy
as acknowledged by the open government act.
The legislature recognizes that records and information
held by the department of employment security could be
misused. Therefore, this chapter defines a right of privacy
and confidentiality as regards individual and employing unit
records maintained by the department of employment
security. The legislature further recognizes that there are
situations where this right of privacy and confidentiality is
outweighed by other considerations. Therefore, this chapter
also defines certain exceptions to the right of privacy and
confidentiality. [1977 ex.s. c 153 § 1.]
50.13.015 Information held private and confidential—Requests for disclosure. (1) If information provided
to the department by another governmental agency is held
private and confidential by state or federal laws, the department may not release such information.
(2) Information provided to the department by another
governmental entity conditioned upon privacy and confidentiality is to be held private and confidential according to the
agreement between the department and other governmental
agency.
(3) The department may hold private and confidential
information obtained for statistical analysis, research, or
study purposes if the information was supplied voluntarily,
conditioned upon maintaining confidentiality of the information.
(4) Persons requesting disclosure of information held by
the department under subsection (1) or (2) of this section
shall request such disclosure from the agency providing the
information to the department rather than from the department.
(5) This section supersedes any provisions of chapter
42.17 RCW to the contrary. [1989 c 92 § 3.]
50.13.020 Information or records deemed private
and confidential—Release when required by federal
program. Any information or records concerning an
individual or employing unit obtained by the department of
employment security pursuant to the administration of this
title or other programs for which the department has responsibility shall be private and confidential, except as otherwise
provided in this chapter. This chapter does not create a rule
of evidence. Information or records may be released by the
department of employment security when the release is
required by the federal government in connection with, or as
a condition of funding for, a program being administered by
the department. The provisions of RCW 50.13.060 (1) (a),
(b) and (c) will not apply to such release. [1981 c 35 § 2;
1977 ex.s. c 153 § 2.]
Effective dates—Severability—1981 c 35: See notes following RCW
50.22.030.
50.13.030 Rules. The commissioner of the department
of employment security shall have the authority to adopt,
[Title 50 RCW—page 22]
amend, or rescind rules interpreting and implementing the
provisions of this chapter. In particular, these rules shall
specify the procedure to be followed to obtain information
or records to which the public has access under this chapter
or chapter 42.17 RCW. [1977 ex.s. c 153 § 3.]
50.13.040 Access of individual or employing unit to
records and information. (1) An individual shall have
access to all records and information concerning that
individual held by the department of employment security,
unless the information is exempt from disclosure under RCW
42.17.310.
(2) An employing unit shall have access to its own
records and to any records and information relating to a
benefit claim by an individual if the employing unit is either
the individual’s last employer or is the individual’s base year
employer.
(3) An employing unit shall have access to any records
and information relating to any decision to allow or deny
benefits if:
(a) The decision is based on employment or an offer of
employment with the employing unit; or
(b) If the decision is based on material information
provided by the employing unit.
(4) An employing unit shall have access to general
summaries of benefit claims by individuals whose benefits
are chargeable to the employing unit’s experience rating or
reimbursement account. [1993 c 483 § 6; 1977 ex.s. c 153
§ 4.]
Conflict with federal requirements—Severability—1993 c 483: See
notes following RCW 50.04.293.
50.13.050 Access to records or information by
interested party in proceeding before appeal tribunal or
commissioner—Decisions not private and confidential,
exception. (1) Any interested party, as defined by rule, in
a proceeding before the appeal tribunal or commissioner
shall have access to any information or records deemed private and confidential under this chapter if the information or
records are material to the issues in that proceeding.
(2) No decisions by the commissioner or the appeals
tribunal shall be deemed private and confidential under this
chapter unless the decisions are based on information
obtained in a closed hearing. [1977 ex.s. c 153 § 5.]
50.13.060 Access to records or information by
governmental agencies. (1) Governmental agencies,
including law enforcement agencies, prosecuting agencies,
and the executive branch, whether state, local, or federal
shall have access to information or records deemed private
and confidential under this chapter if the information or
records are needed by the agency for official purposes and:
(a) The agency submits an application in writing to the
employment security department for the records or information containing a statement of the official purposes for which
the information or records are needed and specific identification of the records or information sought from the department; and
(b) The director, commissioner, chief executive, or other
official of the agency has verified the need for the specific
(2002 Ed.)
Records and Information—Privacy and Confidentiality
information in writing either on the application or on a
separate document; and
(c) The agency requesting access has served a copy of
the application for records or information on the individual
or employing unit whose records or information are sought
and has provided the department with proof of service.
Service shall be made in a manner which conforms to the
civil rules for superior court. The requesting agency shall
include with the copy of the application a statement to the
effect that the individual or employing unit may contact the
public records officer of the employment security department
to state any objections to the release of the records or
information. The employment security department shall not
act upon the application of the requesting agency until at
least five days after service on the concerned individual or
employing unit. The employment security department shall
consider any objections raised by the concerned individual
or employing unit in deciding whether the requesting agency
needs the information or records for official purposes.
(2) The requirements of subsections (1) and (9) of this
section shall not apply to the state legislative branch. The
state legislature shall have access to information or records
deemed private and confidential under this chapter, if the
legislature or a legislative committee finds that the information or records are necessary and for official purposes. If
the employment security department does not make information or records available as provided in this subsection, the
legislature may exercise its authority granted by chapter
44.16 RCW.
(3) In cases of emergency the governmental agency
requesting access shall not be required to formally comply
with the provisions of subsection (1) of this section at the
time of the request if the procedures required by subsection
(1) of this section are complied with by the requesting
agency following the receipt of any records or information
deemed private and confidential under this chapter. An
emergency is defined as a situation in which irreparable
harm or damage could occur if records or information are
not released immediately.
(4) The requirements of subsection (1)(c) of this section
shall not apply to governmental agencies where the procedures would frustrate the investigation of possible violations
of criminal laws or to the release of employing unit names,
addresses, number of employees, and aggregate employer
wage data for the purpose of state governmental agencies
preparing small business economic impact statements under
chapter 19.85 RCW or preparing cost-benefit analyses under
RCW 34.05.328(1)(c). Information provided by the department and held to be private and confidential under state or
federal laws must not be misused or released to unauthorized
parties. A person who misuses such information or releases
such information to unauthorized parties is subject to the
sanctions in RCW 50.13.080.
(5) Governmental agencies shall have access to certain
records or information, limited to such items as names,
addresses, social security numbers, and general information
about benefit entitlement or employer information possessed
by the department, for comparison purposes with records or
information possessed by the requesting agency to detect
improper or fraudulent claims, or to determine potential tax
liability or employer compliance with registration and
licensing requirements. In those cases the governmental
(2002 Ed.)
50.13.060
agency shall not be required to comply with subsection
(1)(c) of this section, but the requirements of the remainder
of subsection (1) of this section must be satisfied.
(6) Governmental agencies may have access to certain
records and information, limited to employer information
possessed by the department for purposes authorized in
chapter 50.38 RCW. Access to these records and information is limited to only those individuals conducting authorized statistical analysis, research, and evaluation studies.
Only in cases consistent with the purposes of chapter 50.38
RCW are government agencies not required to comply with
subsection (1)(c) of this section, but the requirements of the
remainder of subsection (1) of this section must be satisfied.
Information provided by the department and held to be
private and confidential under state or federal laws shall not
be misused or released to unauthorized parties subject to the
sanctions in RCW 50.13.080.
(7) Disclosure to governmental agencies of information
or records obtained by the employment security department
from the federal government shall be governed by any applicable federal law or any agreement between the federal
government and the employment security department where
so required by federal law. When federal law does not
apply to the records or information state law shall control.
(8) The department may provide information for
purposes of statistical analysis and evaluation of the
WorkFirst program or any successor state welfare program
to the department of social and health services, the office of
financial management, and other governmental entities with
oversight or evaluation responsibilities for the program in
accordance with RCW 43.20A.080. The confidential information provided by the department shall remain the
property of the department and may be used by the authorized requesting agencies only for statistical analysis,
research, and evaluation purposes as provided in RCW
74.08A.410 and 74.08A.420. The department of social and
health services, the office of financial management, or other
governmental entities with oversight or evaluation responsibilities for the program are not required to comply with
subsection (1)(c) of this section, but the requirements of the
remainder of subsection (1) of this section and applicable
federal laws and regulations must be satisfied. The confidential information used for evaluation and analysis of
welfare reform supplied to the authorized requesting entities
with regard to the WorkFirst program or any successor state
welfare program are exempt from public inspection and
copying under RCW 42.17.310.
(9) The disclosure of any records or information by a
governmental agency which has obtained the records or
information under this section is prohibited unless the
disclosure is directly connected to the official purpose for
which the records or information were obtained.
(10) In conducting periodic salary or fringe benefit
studies pursuant to law, the department of personnel shall
have access to records of the employment security department as may be required for such studies. For such purposes, the requirements of subsection (1)(c) of this section need
not apply.
(11)(a) To promote the reemployment of job seekers,
the commissioner may enter into data-sharing contracts with
partners of the one-stop career development system. The
contracts shall provide for the transfer of data only to the
[Title 50 RCW—page 23]
50.13.060
Title 50 RCW: Unemployment Compensation
extent that the transfer is necessary for the efficient provisions of work force programs, including but not limited to
public labor exchange, unemployment insurance, worker
training and retraining, vocational rehabilitation, vocational
education, adult education, transition from public assistance,
and support services. The transfer of information under
contracts with one-stop partners is exempt from subsection
(1)(c) of this section.
(b) An individual who applies for services from the
department and whose information will be shared under (a)
of this subsection (11) must be notified that his or her
private and confidential information in the department’s
records will be shared among the one-stop partners to
facilitate the delivery of one-stop services to the individual.
The notice must advise the individual that he or she may request that private and confidential information not be shared
among the one-stop partners and the department must honor
the request. In addition, the notice must:
(i) Advise the individual that if he or she requests that
private and confidential information not be shared among
one-stop partners, the request will in no way affect eligibility
for services;
(ii) Describe the nature of the information to be shared,
the general use of the information by one-stop partner
representatives, and among whom the information will be
shared;
(iii) Inform the individual that shared information will
be used only for the purpose of delivering one-stop services
and that further disclosure of the information is prohibited
under contract and is not subject to disclosure under RCW
42.17.310; and
(iv) Be provided in English and an alternative language
selected by the one-stop center or job service center as
appropriate for the community where the center is located.
If the notice is provided in-person, the individual who
does not want private and confidential information shared
among the one-stop partners must immediately advise the
one-stop partner representative of that decision. The notice
must be provided to an individual who applies for services
telephonically, electronically, or by mail, in a suitable format
and within a reasonable time after applying for services,
which shall be no later than ten working days from the
department’s receipt of the application for services. A onestop representative must be available to answer specific
questions regarding the nature, extent, and purpose for which
the information may be shared.
(12) To facilitate improved operation and evaluation of
state programs, the commissioner may enter into data-sharing
contracts with other state agencies only to the extent that
such transfer is necessary for the efficient operation or
evaluation of outcomes for those programs. The transfer of
information by contract under this subsection is exempt from
subsection (1)(c) of this section.
(13) The misuse or unauthorized release of records or
information by any person or organization to which access
is permitted by this chapter subjects the person or organization to a civil penalty of five thousand dollars and other
applicable sanctions under state and federal law. Suit to
enforce this section shall be brought by the attorney general
and the amount of any penalties collected shall be paid into
the employment security department administrative contingency fund. The attorney general may recover reasonable
[Title 50 RCW—page 24]
attorneys’ fees for any action brought to enforce this section.
[2000 c 134 § 2. Prior: 1997 c 409 § 605; 1997 c 58 §
1004; 1996 c 79 § 1; 1993 c 281 § 59; 1981 c 177 § 1; 1979
ex.s. c 177 § 1; 1977 ex.s. c 153 § 6.]
Findings—2000 c 134: "The legislature finds that individuals in need
of employment and related services would be better served by integrating
employment and training services to form a comprehensive network of state
and local programs, called a one-stop career development system.
Successful integration of employment and training services demands prompt
and efficient exchange of information among service providers. The
legislature further finds that efficient operation of state programs and their
evaluation demand at times information held by the employment security
department. Current restrictions on information exchange hamper this
coordination, resulting in increased administrative costs, reduced levels of
service, and fewer positive outcomes than could otherwise be achieved."
[2000 c 134 § 1.]
Conflict with federal requirements—2000 c 134: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is inoperative solely to the extent of the
conflict, and the finding or determination does not affect the operation of
the remainder of this act. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal funds
by the state or the granting of federal unemployment tax credits to
employers in this state." [2000 c 134 § 4.]
Severability—2000 c 134: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2000 c 134 § 5.]
Effective date—1997 c 409 § 605: "Section 605 of this act is
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and takes effect immediately [May 19, 1997]." [1997 c 409 § 608.]
Part headings—Severability—1997 c 409: See notes following
RCW 43.22.051.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Conflict with federal requirements—1996 c 79: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of
the conflict, and such finding or determination shall not affect the operation
of the remainder of this act. The rules under this act shall meet federal
requirements that are a necessary condition to the receipt of federal funds
by the state or the granting of federal unemployment tax credits to
employers in this state." [1996 c 79 § 3.]
Effective date—1996 c 79: "This act shall take effect July 1, 1996."
[1996 c 79 § 4.]
Effective date—1993 c 281: See note following RCW 41.06.022.
50.13.070 Availability of records or information to
parties to judicial or administrative proceedings—
Discovery proceedings—Subpoenas. Information or
records deemed private and confidential under this chapter
shall be available to parties to judicial or formal administrative proceedings only upon a finding by the presiding officer
that the need for the information or records in the proceeding
outweighs any reasons for the privacy and confidentiality of
the information or records. Information or records deemed
private and confidential under this chapter shall not be
available in discovery proceedings unless the court in which
the action has been filed has made the finding specified
above. A judicial or administrative subpoena directed to the
employment security department must contain this finding.
(2002 Ed.)
Records and Information—Privacy and Confidentiality
A subpoena for records or information held by the department may be directed to and served upon any employee of
the department, but the department may specify by rule
which employee shall produce the records or information in
compliance with the subpoena. [1977 ex.s. c 153 § 7.]
50.13.080 Disclosure of records or information to
private persons or organizations contracting to assist in
operation and management of department—Penalties.
(1) The employment security department shall have the right
to disclose information or records deemed private and
confidential under this chapter to any private person or
organization when such disclosure is necessary to permit
private contracting parties to assist in the operation and
management of the department in instances where certain
departmental functions may be delegated to private parties to
increase the department’s efficiency or quality of service to
the public. The private persons or organizations shall use
the information or records solely for the purpose for which
the information was disclosed and shall be bound by the
same rules of privacy and confidentiality as employment
security department employees.
(2) Nothing in this section shall be construed as limiting
or restricting the effect of RCW 42.17.260(9).
(3) The misuse or unauthorized release of records or
information deemed private and confidential under this
chapter by any private person or organization to which
access is permitted by this section shall subject the person or
organization to a civil penalty of five thousand dollars and
other applicable sanctions under state and federal law. Suit
to enforce this section shall be brought by the attorney
general and the amount of any penalties collected shall be
paid into the employment security department administrative
contingency fund. The attorney general may recover
reasonable attorneys’ fees for any action brought to enforce
this section. [1996 c 79 § 2; 1977 ex.s. c 153 § 8.]
Conflict with federal requirements—Effective date—1996 c 79:
See notes following RCW 50.13.060.
50.13.090 Disclosure of records or information to
contracting governmental or private organizations.
Where the employment security department contracts to
provide services to other governmental or private organizations, the department may disclose to those organizations
information or records deemed private and confidential
which have been acquired in the performance of the
department’s obligations under the contracts. [1977 ex.s. c
153 § 9.]
50.13.100 Disclosure of records or information
where identifying details deleted or individual or employing unit consents. Nothing in this chapter shall prevent the
disclosure of information or records deemed private and confidential under this chapter if all details identifying an
individual or employing unit are deleted or the individual or
employing unit consents to the disclosure. [1977 ex.s. c 153
§ 10.]
50.13.900 Construction. Any ambiguities in this
chapter shall be construed in a manner consistent with
federal laws applying to the employment security depart(2002 Ed.)
50.13.070
ment. If any provision of this chapter or the application
thereof is held invalid by a final decision of any court or
declared by the secretary of the department of labor of the
United States to be inconsistent with federal laws upon
which funding of the employment security department is
contingent, the invalid or inconsistent provision shall be
ineffective only to the extent necessary to insure compliance
with the court decision or federal determination and the remainder of the chapter shall be given full effect. [1977 ex.s.
c 153 § 11.]
50.13.905 Severability—1977 ex.s. c 153. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 153 § 13.]
50.13.910 Legislative designation and placement.
Sections 1 through 11 of this act shall constitute a new
chapter in Title 50 RCW and shall be designated as chapter
50.13 RCW. [1977 ex.s. c 153 § 14.]
Chapter 50.16
FUNDS
Sections
50.16.010
50.16.015
50.16.020
50.16.030
50.16.040
50.16.050
50.16.060
50.16.070
50.16.080
Unemployment compensation fund—Administrative contingency fund—Federal interest payment fund.
Federal interest payment fund—Establishment.
Administration of funds—Accounts.
Withdrawals from federal unemployment trust fund.
Management of funds upon discontinuance of federal unemployment trust fund.
Unemployment compensation administration fund.
Replacement of federal funds.
Federal interest payment fund—Employer contributions—
When payable—Maximum rate—Deduction from remuneration unlawful.
Federal targeted jobs tax credit program—Administration—
Processing fee—Deposit of fees.
50.16.010 Unemployment compensation fund—
Administrative contingency fund—Federal interest
payment fund. There shall be maintained as special funds,
separate and apart from all public moneys or funds of this
state an unemployment compensation fund, an administrative
contingency fund, and a federal interest payment fund, which
shall be administered by the commissioner exclusively for
the purposes of this title, and to which RCW 43.01.050 shall
not be applicable.
The unemployment compensation fund shall consist of
(1) all contributions and payments in lieu of contributions collected pursuant to the provisions of this title,
(2) any property or securities acquired through the use
of moneys belonging to the fund,
(3) all earnings of such property or securities,
(4) any moneys received from the federal unemployment
account in the unemployment trust fund in accordance with
Title XII of the social security act, as amended,
(5) all money recovered on official bonds for losses
sustained by the fund,
[Title 50 RCW—page 25]
50.16.010
Title 50 RCW: Unemployment Compensation
(6) all money credited to this state’s account in the
unemployment trust fund pursuant to section 903 of the
social security act, as amended,
(7) all money received from the federal government as
reimbursement pursuant to section 204 of the federal-state
extended compensation act of 1970 (84 Stat. 708-712; 26
U.S.C. Sec. 3304), and
(8) all moneys received for the fund from any other
source.
All moneys in the unemployment compensation fund
shall be commingled and undivided.
The administrative contingency fund shall consist of all
interest on delinquent contributions collected pursuant to this
title, all fines and penalties collected pursuant to the provisions of this title, all sums recovered on official bonds for
losses sustained by the fund, and revenue received under
RCW 50.24.014: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court
because of the violation of a state law shall be remitted as
provided in chapter 3.62 RCW as now exists or is later
amended.
Moneys available in the administrative contingency
fund, other than money in the special account created under
RCW 50.24.014, shall be expended upon the direction of the
commissioner, with the approval of the governor, whenever
it appears to him or her that such expenditure is necessary
for:
(a) The proper administration of this title and no federal
funds are available for the specific purpose to which such
expenditure is to be made, provided, the moneys are not
substituted for appropriations from federal funds which, in
the absence of such moneys, would be made available.
(b) The proper administration of this title for which
purpose appropriations from federal funds have been
requested but not yet received, provided, the administrative
contingency fund will be reimbursed upon receipt of the
requested federal appropriation.
(c) The proper administration of this title for which
compliance and audit issues have been identified that
establish federal claims requiring the expenditure of state
resources in resolution. Claims must be resolved in the
following priority: First priority is to provide services to
eligible participants within the state; second priority is to
provide substitute services or program support; and last
priority is the direct payment of funds to the federal government.
(d) During the 2001-2003 fiscal biennium, the cost of
worker retraining programs at community and technical
colleges as appropriated by the legislature.
Money in the special account created under RCW
50.24.014 may only be expended, after appropriation, for the
purposes specified in RCW 50.62.010, 50.62.020, 50.62.030,
50.04.070, 50.04.072, 50.16.010, 50.29.025, 50.24.014,
50.44.053, and 50.22.010. [2002 c 371 § 914. Prior: 1993
c 483 § 7; 1993 c 226 § 10; 1993 c 226 § 9; 1991 sp.s. c 13
§ 59; 1987 c 202 § 218; 1985 ex.s. c 5 § 6; 1983 1st ex.s.
c 13 § 5; 1980 c 142 § 1; 1977 ex.s. c 292 § 24; 1973 c 73
§ 4; 1969 ex.s. c 199 § 27; 1959 c 170 § 1; 1955 c 286 § 2;
1953 ex.s. c 8 § 5; 1945 c 35 § 60; Rem. Supp. 1945 §
9998-198; prior: 1943 c 127 § 6; 1941 c 253 §§ 7, 10; 1939
c 214 § 11; 1937 c 162 § 13.]
[Title 50 RCW—page 26]
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
Conflict with federal requirements—Severability—1993 c 483: See
notes following RCW 50.04.293.
Effective dates—1993 c 226 §§ 10, 12, and 14: "(1) Sections 10 and
12 of this act shall take effect June 30, 1999;
(2) Section 14 of this act shall take effect January 1, 1998." [1993 c
226 § 20.]
Conflict with federal requirements—1993 c 226: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements that are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1993 c 226 § 21.]
Severability—1993 c 226: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 226 § 22.]
Application—1993 c 226: "This act applies to tax rate years
beginning with tax rate year 1994." [1993 c 226 § 23.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Intent—1987 c 202: See note following RCW 2.04.190.
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
Conflict with federal requirements—1983 1st ex.s. c 13: "If any
part of this act is found to be in conflict with federal requirements which are
a prescribed condition to the allocation of federal funds to the state, the
conflicting part of this act is hereby declared to be inoperative solely to the
extent of the conflict, and such finding or determination shall not affect the
operation of the remainder of this act. The rules under this act shall meet
federal requirements which are a necessary condition to the receipt of
federal funds by the state." [1983 1st ex.s. c 13 § 13.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
Effective dates—1973 c 73: See note following RCW 50.04.030.
50.16.015 Federal interest payment fund—
Establishment. A separate and identifiable fund to provide
for the payment of interest on advances received from this
state’s account in the federal unemployment trust fund shall
be established and administered under the direction of the
commissioner. This fund shall be known as the federal
interest payment fund and shall consist of contributions paid
under RCW 50.16.070. [1983 1st ex.s. c 13 § 6.]
Conflict with federal requirements—1983 1st ex.s. c 13: See note
following RCW 50.22.100.
50.16.020 Administration of funds—Accounts. The
commissioner shall designate a treasurer and custodian of the
unemployment compensation fund and of the administrative
contingency fund, who shall administer such funds in
accordance with the directions of the commissioner and shall
issue his or her warrants upon them in accordance with such
regulations as the commissioner shall prescribe. The
treasurer and custodian shall maintain within the unemployment compensation fund three separate accounts as follows:
(1) a clearing account,
(2) an unemployment trust fund account, and
(3) a benefit account.
All moneys payable to the unemployment compensation
fund, upon receipt thereof by the commissioner, shall be
(2002 Ed.)
Funds
forwarded to the treasurer, who shall immediately deposit
them in the clearing account. Refunds payable pursuant to
the provisions of this title from the unemployment compensation fund may be paid from the clearing account upon
warrants issued by the treasurer under the direction of the
commissioner: PROVIDED, HOWEVER, That refunds of
interest or penalties on delinquent contributions shall be paid
from the administrative contingency fund upon warrants
issued by the treasurer under the direction of the commissioner.
After clearance thereof, all other moneys in the clearing
account shall be immediately deposited with the Secretary of
the Treasury of the United States to the credit of the account
of this state in the unemployment trust fund, established and
maintained pursuant to section 904 of the social security act,
as amended, any provisions of law in this state relating to
the deposit, administration, release, or disbursement of
moneys in the possession or custody of this state to the
contrary notwithstanding.
The benefit account shall consist of all moneys requisitioned from this state’s account in the unemployment trust
fund. Moneys in the clearing and benefit accounts and in
the administrative contingency fund shall not be commingled
with other state funds, but shall be deposited by the treasurer, under the direction of the commissioner, in any bank or
public depository in which general funds of the state may be
deposited, but no public deposit insurance charge or premium shall be paid out of the fund.
Such moneys shall be secured by said bank or public
depository to the same extent and in the same manner as
required by the general depository law of the state and
collateral pledged shall be maintained in a separate custody
account.
The treasurer shall give a bond conditioned upon the
faithful performance of his or her duties as a custodian of
the funds in an amount fixed by the director of the department of general administration and in a form prescribed by
law or approved by the attorney general. Premiums for said
bond shall be paid from the administration fund. All sums
recovered on official bonds for losses sustained by the
unemployment compensation fund shall be deposited in such
fund. All sums recovered on official bonds for losses
sustained by the administrative contingency fund shall be
deposited in such fund. [1993 c 226 § 12; 1993 c 226 § 11;
1983 1st ex.s. c 23 § 10; 1975 c 40 § 12; 1953 ex.s. c 8 §
6; 1945 c 35 § 61; Rem. Supp. 1945 § 9998-199. Prior:
1943 c 126 §§ 6, 9; 1939 c 214 § 11; 1937 c 162 § 13.]
Effective dates—1993 c 226 §§ 10, 12, and 14: See note following
RCW 50.16.010.
Conflict with federal requirements—Severability—Application—
1993 c 226: See notes following RCW 50.16.010.
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Powers and duties of director of general administration as to official bonds:
RCW 43.41.360.
50.16.030 Withdrawals from federal unemployment
trust fund. (1) Moneys shall be requisitioned from this
state’s account in the unemployment trust fund solely for the
payment of benefits and repayment of loans from the federal
government to guarantee solvency of the unemployment
compensation fund in accordance with regulations prescribed
(2002 Ed.)
50.16.020
by the commissioner, except that money credited to this
state’s account pursuant to section 903 of the social security
act, as amended, shall be used exclusively as provided in
RCW 50.16.030(5). The commissioner shall from time to
time requisition from the unemployment trust fund such
amounts, not exceeding the amounts standing to its account
therein, as he or she deems necessary for the payment of
benefits for a reasonable future period. Upon receipt thereof
the treasurer shall deposit such moneys in the benefit
account and shall issue his or her warrants for the payment
of benefits solely from such benefits account.
(2) Expenditures of such moneys in the benefit account
and refunds from the clearing account shall not be subject to
any provisions of law requiring specific appropriations or
other formal release by state officers of money in their
custody, and RCW 43.01.050, as amended, shall not apply.
All warrants issued by the treasurer for the payment of benefits and refunds shall bear the signature of the treasurer and
the countersignature of the commissioner, or his or her duly
authorized agent for that purpose.
(3) Any balance of moneys requisitioned from the
unemployment trust fund which remains unclaimed or unpaid
in the benefit account after the expiration of the period for
which sums were requisitioned shall either be deducted from
estimates for, and may be utilized for the payment of,
benefits during succeeding periods, or in the discretion of the
commissioner, shall be redeposited with the secretary of the
treasury of the United States of America to the credit of this
state’s account in the unemployment trust fund.
(4) Money credited to the account of this state in the
unemployment trust fund by the secretary of the treasury of
the United States of America pursuant to section 903 of the
social security act, as amended, may be requisitioned and
used for the payment of expenses incurred for the administration of this title pursuant to a specific appropriation by the
legislature, provided that the expenses are incurred and the
money is requisitioned after the enactment of an appropriation law which:
(a) Specifies the purposes for which such money is
appropriated and the amounts appropriated therefor;
(b) Limits the period within which such money may be
obligated to a period ending not more than two years after
the date of the enactment of the appropriation law; and
(c) Limits the amount which may be obligated during a
twelve-month period beginning on July 1st and ending on
the next June 30th to an amount which does not exceed the
amount by which (i) the aggregate of the amounts credited
to the account of this state pursuant to section 903 of the
social security act, as amended, during the same twelvemonth period and the thirty-four preceding twelve-month
periods, exceeds (ii) the aggregate of the amounts obligated
pursuant to RCW 50.16.030 (4), (5) and (6) and charged
against the amounts credited to the account of this state
during any of such thirty-five twelve-month periods. For the
purposes of RCW 50.16.030 (4), (5) and (6), amounts
obligated during any such twelve-month period shall be
charged against equivalent amounts which were first credited
and which are not already so charged; except that no amount
obligated for administration during any such twelve-month
period may be charged against any amount credited during
such a twelve-month period earlier than the thirty-fourth
twelve-month period preceding such period: PROVIDED,
[Title 50 RCW—page 27]
50.16.030
Title 50 RCW: Unemployment Compensation
That any amount credited to this state’s account under
section 903 of the social security act, as amended, which has
been appropriated for expenses of administration, whether or
not withdrawn from the trust fund shall be excluded from the
unemployment compensation fund balance for the purpose of
experience rating credit determination.
(5) Money credited to the account of this state pursuant
to section 903 of the social security act, as amended, may
not be withdrawn or used except for the payment of benefits
and for the payment of expenses of administration and of
public employment offices pursuant to RCW 50.16.030 (4),
(5) and (6). However, moneys credited because of excess
amounts in federal accounts in federal fiscal years 1999,
2000, and 2001 shall be used solely for the administration of
the unemployment compensation program and are not subject
to appropriation by the legislature for any other purpose.
(6) Money requisitioned as provided in RCW 50.16.030
(4), (5) and (6) for the payment of expenses of administration shall be deposited in the unemployment compensation
fund, but until expended, shall remain a part of the unemployment compensation fund. The commissioner shall
maintain a separate record of the deposit, obligation, expenditure and return of funds so deposited. Any money so
deposited which either will not be obligated within the
period specified by the appropriation law or remains unobligated at the end of the period, and any money which has
been obligated within the period but will not be expended,
shall be returned promptly to the account of this state in the
unemployment trust fund. [1999 c 36 § 1; 1983 1st ex.s. c
7 § 1; 1973 c 6 § 1; 1969 ex.s. c 201 § 1; 1959 c 170 § 2;
1945 c 35 § 62; Rem. Supp. 1945 § 9998-200. Prior: 1943
c 127 § 6; 1941 c 253 § 7.]
Conflict with federal requirements—1999 c 36: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the
finding or determination does not affect the operation of the remainder of
this act. Rules adopted under this act must meet federal requirements that
are a necessary condition to the receipt of federal funds by the state or the
granting of federal unemployment tax credits to employers in this state."
[1999 c 36 § 2.]
50.16.040 Management of funds upon discontinuance of federal unemployment trust fund. The provisions
of this title, to the extent that they relate to the unemployment trust fund, shall be operative only so long as such
unemployment trust fund continues to exist and so long as
the secretary of the treasury of the United States of America
continues to maintain for this state a separate book account
of all funds deposited therein for this state for benefit
purposes, together with this state’s proportionate share of the
earnings of such unemployment trust fund, from which no
other state is permitted to make withdrawals. If and when
such unemployment trust fund ceases to exist, or such separate book account is no longer maintained, all moneys,
properties or securities therein, belonging to the unemployment compensation fund of this state shall be transferred to
the treasurer of the unemployment compensation fund, who
shall hold, invest, transfer, sell, deposit, and release such
moneys, properties, or securities in a manner approved by
the commissioner, in accordance with the provisions of this
title: PROVIDED, That such moneys shall be invested in
[Title 50 RCW—page 28]
the following readily marketable classes of securities: Bonds
or other interest bearing obligations of the United States of
America: AND PROVIDED FURTHER, That such investment shall at all times be made so that all the assets of the
fund shall always be readily convertible into cash when
needed for the payment of benefits. The treasurer shall
dispose of securities or other properties belonging to the
unemployment compensation fund only under the direction
of the commissioner. [1945 c 35 § 63; Rem. Supp. 1945 §
9998-201. Prior: 1941 c 253 § 7.]
50.16.050 Unemployment compensation administration fund. (1) There is hereby established a fund to be
known as the unemployment compensation administration
fund. Except as otherwise provided in this section, all
moneys which are deposited or paid into this fund are hereby
made available to the commissioner. All moneys in this
fund shall be expended solely for the purpose of defraying
the cost of the administration of this title, and for no other
purpose whatsoever. All moneys received from the United
States of America, or any agency thereof, for said purpose
pursuant to section 302 of the social security act, as amended, shall be expended solely for the purposes and in the
amounts found necessary by the secretary of labor for the
proper and efficient administration of this title. All moneys
received from the United States employment service, United
States department of labor, for said purpose pursuant to the
act of congress approved June 6, 1933, as amended or
supplemented by any other act of congress, shall be expended solely for the purposes and in the amounts found necessary by the secretary of labor for the proper and efficient
administration of the public employment office system of
this state. The unemployment compensation administration
fund shall consist of all moneys received from the United
States of America or any department or agency thereof, or
from any other source, for such purpose. All moneys in this
fund shall be deposited, administered, and disbursed by the
treasurer of the unemployment compensation fund under
rules and regulations of the commissioner and none of the
provisions of RCW 43.01.050 shall be applicable to this
fund. The treasurer last named shall be the treasurer of the
unemployment compensation administration fund and shall
give a bond conditioned upon the faithful performance of his
duties in connection with that fund. All sums recovered on
the official bond for losses sustained by the unemployment
compensation administration fund shall be deposited in said
fund.
(2) Notwithstanding any provision of this section:
(a) All money requisitioned and deposited in this fund
pursuant to RCW 50.16.030(6) shall remain part of the
unemployment compensation fund and shall be used only in
accordance with the conditions specified in RCW 50.16.030
(4), (5) and (6).
(b) All money deposited in this fund pursuant to RCW
50.38.065 shall be used only after appropriation and only for
the purposes of RCW 50.38.060. [1993 c 62 § 8; 1959 c
170 § 3; 1947 c 215 § 13; 1945 c 35 § 64; Rem. Supp. 1947
§ 9998-202. Prior: 1941 c 253 § 7; 1939 c 214 § 11; 1937
c 162 § 13.]
Conflict with federal requirements—Effective date—1993 c 62:
See RCW 50.38.901 and 50.38.902.
(2002 Ed.)
Funds
50.16.060 Replacement of federal funds. The state
of Washington hereby pledges that it will replace within a
reasonable time any moneys paid to this state under Title III
of the social security act, and the Wagner-Peyser act, which,
because of any action or contingency, have been lost or have
been expended for purposes other than, or in amounts in
excess of, those found necessary by the secretary of labor for
the proper administration of the Washington employment
security act. [1959 c 170 § 4; 1945 c 35 § 67; Rem. Supp.
1945 § 9998-205.]
50.16.070 Federal interest payment fund—
Employer contributions—When payable—Maximum
rate—Deduction from remuneration unlawful. The
federal interest payment fund shall consist of contributions
payable by each employer (except employers as described in
RCW 50.44.010 and 50.44.030 who have properly elected to
make payments in lieu of contributions, employers who are
required to make payments in lieu of contributions, and employers paying contributions under RCW 50.44.035) for any
calendar quarter which begins on or after January 1, 1984,
and for which the commissioner determines that the department will have an outstanding balance of accruing federal
interest at the end of the calendar quarter. The amount of
wages subject to tax shall be determined according to RCW
50.24.010. The tax rate applicable to wages paid during the
calendar quarter shall be determined by the commissioner
and shall not exceed fifteen one-hundredths of one percent.
In determining whether to require contributions as authorized
by this section, the commissioner shall consider the current
balance in the federal interest payment fund and the projected amount of interest which will be due and payable as of
the following September 30. Except as appropriated for the
fiscal biennium ending June 30, 1991, any excess moneys in
the federal interest payment fund shall be retained in the
fund for future interest payments.
Contributions under this section shall become due and
be paid by each employer in accordance with such rules as
the commissioner may prescribe and shall not be deducted,
in whole or in part, from the remuneration of individuals in
the employ of the employer. Any deduction in violation of
this section is unlawful.
In the payment of any contributions under this section,
a fractional part of a cent shall be disregarded unless it
amounts to one-half cent or more, in which case it shall be
increased to one cent. [1989 1st ex.s. c 19 § 811; 1988 c
289 § 710; 1983 1st ex.s. c 13 § 7.]
Severability—1989 1st ex.s. c 19: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 1st ex.s. c 19 § 817.]
Effective date—1989 1st ex.s. c 19: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1989." [1989 1st ex.s. c 19 § 818.]
Severability—1988 c 289: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 289 § 803.]
Conflict with federal requirements—1983 1st ex.s. c 13: See note
following RCW 50.16.010.
50.16.080 Federal targeted jobs tax credit program—Administration—Processing fee—Deposit of fees.
The cost of administering the federal targeted jobs tax credit
program shall be fully borne by the employers requesting the
credits. The commissioner shall establish the amount of the
processing fee and procedures for collecting the fee. The
commissioner shall establish the processing fee at a sufficient level to defray the costs of administering the federal
targeted jobs tax credit program. The fee shall be established by the commissioner by rule. However, if federal
funding is provided to finance such services, the commissioner shall revise or eliminate this fee based on the amount
of federal funding received. Fees received for processing
shall be deposited in a special account in the unemployment
compensation administration fund. [1988 c 84 § 2.]
Legislative finding—1988 c 84: "The legislature finds that:
(1) The employment security department through the targeted jobs tax
credit program has the responsibility to issue federal tax credit certifications
to Washington state employers. The tax credit certification allows the
employer to claim a credit against federal income tax for wages paid during
the first year to employees who qualify for the program.
(2) To the extent that funding is available, the department, through the
federal targeted jobs tax credit program, provides service to employers in
the form of technical assistance and training, program marketing, monitoring, and maintenance of records and processing of documents that may
result in a certification which allows employers to claim a federal tax credit.
(3) The United States Congress through the Tax Reform Act of 1986
reauthorized the targeted jobs tax credit but did not include funds to cover
the costs of processing employer requests for federal tax credit certifications.
(4) The state has a vital interest in the economic benefits employers
realize from the targeted jobs tax credit because the economic competitiveness of Washington state is enhanced as tax credit savings are reinvested in
the state’s economy.
(5) The departments of corrections, social and health services, and
veterans affairs, and the superintendent of public instruction, along with
employment security and other state service providers, utilize the targeted
jobs tax credit program as an incentive for employers to hire hard-to-place
clients.
(6) Economically disadvantaged youth, Vietnam-era veterans, exfelons, and vocational rehabilitation, supplemental security income, general
assistance and AFDC recipients have an especially difficult time in
obtaining employment." [1988 c 84 § 1.]
Conflict with federal requirements—1988 c 84: "If any part of this
act shall be found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state, such
conflicting part of this act is hereby declared to be inoperative solely to the
extent of such conflict, and such finding or determination shall not affect the
operation of the remainder of this act. The rules under this act shall meet
federal requirements which are a necessary condition to the receipt of
federal funds by the state." [1988 c 84 § 3.]
Severability—1988 c 84: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 84 § 4.]
Effective date—1988 c 84: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect March
1, 1988." [1988 c 84 § 6.] This act was signed by the governor March 16,
1988.
Chapter 50.20
BENEFITS AND CLAIMS
Sections
50.20.010
50.20.011
50.20.012
50.20.015
(2002 Ed.)
50.16.060
Benefit eligibility conditions.
Profiling system to identify individuals likely to exhaust
benefits—Confidentiality of information—Penalty.
Rules—1995 c 381.
Person with marginal labor force attachment.
[Title 50 RCW—page 29]
Chapter 50.20
Title 50 RCW: Unemployment Compensation
50.20.020
50.20.042
50.20.043
50.20.044
Waiting period credit limitation.
Unemployed aerospace workers—Training.
Training provision.
Ineligibility for benefits for failure to attend job search
workshop or training course.
50.20.045 Employee separated from employment due to wage garnishment not disqualified.
50.20.050 Disqualification for leaving work voluntarily without good
cause.
50.20.060 Disqualification from benefits due to misconduct.
50.20.065 Cancellation of hourly wage credits due to felony or gross
misdemeanor.
50.20.070 Disqualification for misrepresentation.
50.20.080 Disqualification for refusal to work.
50.20.085 Disqualification for receipt of industrial insurance disability
benefits.
50.20.090 Strike or lockout disqualification—When inapplicable.
50.20.095 Disqualification for attending school or institution of higher
education.
50.20.098 Services performed by alien.
50.20.099 Training benefits—Eligibility to work in the United States.
50.20.100 Suitable work factors.
50.20.110 Suitable work exceptions.
50.20.113 Unemployment of sport or athletic event participant during
period between sport seasons.
50.20.115 Unemployment due to vacation.
50.20.117 Jury service.
50.20.118 Unemployment while in approved training.
50.20.120 Amount of benefits.
50.20.125 Maximum amount payable weekly.
50.20.130 Deduction from weekly benefit amount.
50.20.140 Filing applications and claims—Definitions.
50.20.150 Notice of application or claim.
50.20.160 Redetermination.
50.20.170 Payment of benefits.
50.20.180 Denial of benefits.
50.20.190 Recovery of benefit payments.
50.20.191 Authority to compromise benefit overpayments.
50.20.192 Collection of benefit overpayments, limitation of actions.
50.20.193 Chargeoff of uncollectible benefit overpayments.
50.20.195 Assessed interest—Use.
50.20.200 Nonliability of state.
50.20.210 Notification of availability of basic health plan.
50.20.220 Federal income tax deduction and withholding—Notice—
Rules.
50.20.230 Electronic labor exchange system.
50.20.240 Job search monitoring.
Environmental restoration job training: RCW 43.21J.060 and 43.21J.070.
50.20.010 Benefit eligibility conditions. An unemployed individual shall be eligible to receive waiting period
credits or benefits with respect to any week in his or her
eligibility period only if the commissioner finds that:
(1) He or she has registered for work at, and thereafter
has continued to report at, an employment office in accordance with such regulation as the commissioner may
prescribe, except that the commissioner may by regulation
waive or alter either or both of the requirements of this
subdivision as to individuals attached to regular jobs and as
to such other types of cases or situations with respect to
which the commissioner finds that the compliance with such
requirements would be oppressive, or would be inconsistent
with the purposes of this title;
(2) He or she has filed an application for an initial
determination and made a claim for waiting period credit or
for benefits in accordance with the provisions of this title;
(3) He or she is able to work, and is available for work
in any trade, occupation, profession, or business for which
he or she is reasonably fitted. To be available for work an
individual must be ready, able, and willing, immediately to
[Title 50 RCW—page 30]
accept any suitable work which may be offered to him or her
and must be actively seeking work pursuant to customary
trade practices and through other methods when so directed
by the commissioner or the commissioner’s agents;
(4) He or she has been unemployed for a waiting period
of one week;
(5) He or she participates in reemployment services if
the individual has been referred to reemployment services
pursuant to the profiling system established by the commissioner under RCW 50.20.011, unless the commissioner
determines that:
(a) The individual has completed such services; or
(b) There is justifiable cause for the claimant’s failure
to participate in such services; and
(6) As to weeks beginning after March 31, 1981, which
fall within an extended benefit period as defined in RCW
50.22.010, the individual meets the terms and conditions of
RCW 50.22.020 with respect to benefits claimed in excess
of twenty-six times the individual’s weekly benefit amount.
An individual’s eligibility period for regular benefits
shall be coincident to his or her established benefit year. An
individual’s eligibility period for additional or extended
benefits shall be the periods prescribed elsewhere in this title
for such benefits. [1995 c 381 § 1; 1981 c 35 § 3; 1973 c
73 § 6; 1970 ex.s. c 2 § 4; 1959 c 266 § 3; 1953 ex.s. c 8 §
7; 1951 c 265 § 9; 1951 c 215 § 11; 1949 c 214 § 9; 1945
c 35 § 68; Rem. Supp. 1949 § 9998-206. Prior: 1943 c 127
§ 2; 1941 c 253 §§ 1, 2; 1939 c 214 § 2; 1937 c 162 § 4.]
Conflict with federal requirements—1995 c 381: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements that are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1995 c 381 § 5.]
Effective date—1995 c 381: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 16, 1995]." [1995 c 381 § 6.]
Construction—Effective dates—Severability—1981 c 35: See notes
following RCW 50.22.030.
Effective dates—1973 c 73: See note following RCW 50.04.030.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
Severability—1951 c 265: See note following RCW 50.98.070.
Government or retirement pension plan payments as remuneration or
wages—Recovery of excess over benefits allowable, limitations: RCW
50.04.323.
50.20.011 Profiling system to identify individuals
likely to exhaust benefits—Confidentiality of information—Penalty. (1) The commissioner shall establish and
use a profiling system for new claimants for regular compensation under this title that identifies permanently separated
workers who are likely to exhaust regular compensation and
will need job search assistance services to make a successful
transition to new employment. The profiling system shall
use a combination of individual characteristics and labor
market information to assign each individual a unique
probability of benefit exhaustion. Individuals identified as
likely to exhaust benefits shall be referred to reemployment
(2002 Ed.)
Benefits and Claims
services, such as job search assistance services, to the extent
such services are available at public expense.
(2) The profiling system shall include collection and
review of follow-up information relating to the services
received by individuals under this section and the employment outcomes for the individuals following receipt of the
services. The information shall be used in making profiling
identifications.
(3) In carrying out reviews of individuals receiving
services, the department may contract with public or private
entities and may disclose information or records necessary to
permit contracting entities to assist in the operation and
management of department functions. Any information or
records disclosed to public or private entities shall be used
solely for the purposes for which the information was
disclosed and the entity shall be bound by the same rules of
privacy and confidentiality as department employees. The
misuse or unauthorized disclosure of information or records
deemed private and confidential under chapter 50.13 RCW
by any person or organization to which access is permitted
by this section shall subject the person or organization to a
civil penalty of five thousand dollars and other applicable
sanctions under state and federal law. Suit to enforce this
section shall be brought by the attorney general and the
amount of any penalties collected shall be paid into the employment security department administrative contingency
fund. The attorney general may recover reasonable
attorneys’ fees for any action brought to enforce this section.
[1995 c 381 § 2.]
Conflict with federal requirements—Effective date—1995 c 381:
See notes following RCW 50.20.010.
50.20.012 Rules—1995 c 381. The commissioner
may adopt rules as necessary to implement the 1995 c 381
§§ 1 and *3 amendments to RCW 50.20.010 and 50.20.043
and 50.20.011, including but not limited to definitions,
eligibility standards, program review criteria and procedures,
and provisions necessary to comply with applicable federal
laws and regulations that are a condition to receipt of federal
funds by the state or the granting of federal unemployment
tax credits to employers in this state. [1995 c 381 § 4.]
*Reviser’s note: Section 3 of this act (amendment to RCW
50.20.043) was vetoed by the governor.
Conflict with federal requirements—Effective date—1995 c 381:
See notes following RCW 50.20.010.
50.20.015 Person with marginal labor force attachment. If the product of an otherwise eligible individual’s
weekly benefit amount multiplied by thirteen is greater than
the total amount of wages earned in covered employment in
the higher of two corresponding calendar quarters included
within the individual’s determination period, that individual
shall be considered to have marginal labor force attachment.
For the purposes of this subsection and RCW 50.29.020,
"determination period" means the first eight of the last nine
completed calendar quarters immediately preceding the
individual’s current benefit year. [1986 c 106 § 1; 1985 c
285 § 3; 1984 c 205 § 9.]
Conflict with federal requirements—1986 c 106: "If any part of
this act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
(2002 Ed.)
50.20.011
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements which are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1986 c 106 § 7.]
Severability—1986 c 106: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 106 § 8.]
Severability—1985 c 285: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 285 § 5.]
Effective date—1985 c 285: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 c 285 § 6.]
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
Persons with marginal labor force attachment—Effect on employer experience rating accounts: RCW 50.29.020.
50.20.020 Waiting period credit limitation. No
week shall be counted as a waiting period week,
(1) if benefits have been paid with respect thereto, and
(2) unless the individual was otherwise eligible for
benefits with respect thereto, and
(3) unless it occurs within the benefit year which
includes the week with respect to which he claims payment
of benefits. [1949 c 214 § 10; 1945 c 35 § 69; Rem. Supp.
1949 § 9998-207.]
50.20.042 Unemployed aerospace workers—
Training. Aerospace workers unemployed as the result of
downsizing and restructuring of the aerospace industry will
be deemed to be dislocated workers for the purpose of
commissioner approval of training under RCW 50.20.043.
[1993 c 226 § 7.]
Conflict with federal requirements—Severability—Application—
1993 c 226: See notes following RCW 50.16.010.
50.20.043 Training provision. No otherwise eligible
individual shall be denied benefits for any week because the
individual is in training with the approval of the commissioner, nor shall such individual be denied benefits with
respect to any week in which the individual is satisfactorily
progressing in a training program with the approval of the
commissioner by reason of the application of RCW
50.20.010(3), 50.20.015, 50.20.080, or 50.22.020(1) relating
to availability for work and active search for work, or failure
to apply for or refusal to accept suitable work.
An individual who the commissioner determines to be
a dislocated worker as defined by RCW 50.04.075 and who
is satisfactorily progressing in a training program approved
by the commissioner shall be considered to be in training
with the approval of the commissioner. [1985 c 40 § 1;
1984 c 181 § 2; 1971 c 3 § 12.]
Conflict with federal requirements—1985 c 40: "If any part of this
act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
[Title 50 RCW—page 31]
50.20.043
Title 50 RCW: Unemployment Compensation
meet federal requirements which are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1985 c 40 § 2.]
Severability—1985 c 40: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 40 § 3.]
Effective date—1985 c 40: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 c 40 § 4.]
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.20.044 Ineligibility for benefits for failure to
attend job search workshop or training course. If an
otherwise eligible individual fails without good cause, as
determined by the commissioner under rules prescribed by
the commissioner, to attend a job search workshop or a
training or retraining course when directed by the department
and such workshop or course is available at public expense,
such individual shall not be eligible for benefits with respect
to any week in which such failure occurred. [1984 c 205 §
8.]
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
50.20.045 Employee separated from employment
due to wage garnishment not disqualified. Subject to the
provisions of RCW 6.27.170, an individual who is separated
from his employment due to garnishment of his wages shall
not be disqualified from receiving unemployment benefits
because of such separation. [1969 ex.s. c 264 § 35.]
50.20.050 Disqualification for leaving work voluntarily without good cause. (1) An individual shall be
disqualified from benefits beginning with the first day of the
calendar week in which he or she has left work voluntarily
without good cause and thereafter for seven calendar weeks
and until he or she has obtained bona fide work in employment covered by this title and earned wages in that employment equal to seven times his or her weekly benefit amount.
The disqualification shall continue if the work obtained
is a mere sham to qualify for benefits and is not bona fide
work. In determining whether work is of a bona fide nature,
the commissioner shall consider factors including but not
limited to the following:
(a) The duration of the work;
(b) The extent of direction and control by the employer
over the work; and
(c) The level of skill required for the work in light of
the individual’s training and experience.
(2) An individual shall not be considered to have left
work voluntarily without good cause when:
(a) He or she has left work to accept a bona fide offer
of bona fide work as described in subsection (1) of this
section;
(b) The separation was because of the illness or disability of the claimant or the death, illness, or disability of a
member of the claimant’s immediate family if the claimant
took all reasonable precautions, in accordance with any
regulations that the commissioner may prescribe, to protect
his or her employment status by having promptly notified the
[Title 50 RCW—page 32]
employer of the reason for the absence and by having
promptly requested reemployment when again able to
assume employment: PROVIDED, That these precautions
need not have been taken when they would have been a
futile act, including those instances when the futility of the
act was a result of a recognized labor/management dispatch
system;
(c) He or she has left work to relocate for the spouse’s
employment that is due to an employer-initiated mandatory
transfer that is outside the existing labor market area if the
claimant remained employed as long as was reasonable prior
to the move; or
(d) The separation was necessary to protect the claimant
or the claimant’s immediate family members from domestic
violence, as defined in RCW 26.50.010, or stalking, as
defined in RCW 9A.46.110.
(3) In determining under this section whether an
individual has left work voluntarily without good cause, the
commissioner shall only consider work-connected factors
such as the degree of risk involved to the individual’s health,
safety, and morals, the individual’s physical fitness for the
work, the individual’s ability to perform the work, and such
other work connected factors as the commissioner may deem
pertinent, including state and national emergencies. Good
cause shall not be established for voluntarily leaving work
because of its distance from an individual’s residence where
the distance was known to the individual at the time he or
she accepted the employment and where, in the judgment of
the department, the distance is customarily traveled by
workers in the individual’s job classification and labor
market, nor because of any other significant work factor
which was generally known and present at the time he or she
accepted employment, unless the related circumstances have
so changed as to amount to a substantial involuntary deterioration of the work factor or unless the commissioner determines that other related circumstances would work an
unreasonable hardship on the individual were he or she
required to continue in the employment.
(4) Subsections (1) and (3) of this section shall not
apply to an individual whose marital status or domestic
responsibilities cause him or her to leave employment. Such
an individual shall not be eligible for unemployment insurance benefits beginning with the first day of the calendar
week in which he or she left work and thereafter for seven
calendar weeks and until he or she has requalified, either by
obtaining bona fide work in employment covered by this title
and earning wages in that employment equal to seven times
his or her weekly benefit amount or by reporting in person
to the department during ten different calendar weeks and
certifying on each occasion that he or she is ready, able, and
willing to immediately accept any suitable work which may
be offered, is actively seeking work pursuant to customary
trade practices, and is utilizing such employment counseling
and placement services as are available through the department. This subsection does not apply to individuals covered
by subsection (2)(b) or (c) of this section. [2002 c 8 § 1;
2000 c 2 § 12; 1993 c 483 § 8; 1982 1st ex.s. c 18 § 6;
1981 c 35 § 4; 1980 c 74 § 5; 1977 ex.s. c 33 § 4; 1970
ex.s. c 2 § 21; 1953 ex.s. c 8 § 8; 1951 c 215 § 12; 1949 c
214 § 12; 1947 c 215 § 15; 1945 c 35 § 73; Rem. Supp.
1949 § 9998-211. Prior: 1943 c 127 § 3; 1941 c 253 § 3;
1939 c 214 § 3; 1937 c 162 § 5.]
(2002 Ed.)
Benefits and Claims
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note
following RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
Severability—Conflict with federal requirements—1982 1st ex.s.
c 18: See notes following RCW 50.12.200.
Severability—1981 c 35: See note following RCW 50.22.030.
Severability—1980 c 74: See note following RCW 50.04.323.
Effective dates—Construction—1977 ex.s. c 33: See notes
following RCW 50.04.030.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
50.20.060 Disqualification from benefits due to
misconduct. An individual shall be disqualified from
benefits beginning with the first day of the calendar week in
which he or she has been discharged or suspended for
misconduct connected with his or her work and thereafter for
seven calendar weeks and until he or she has obtained bona
fide work in employment covered by this title and earned
wages in that employment equal to seven times his or her
weekly benefit amount. Alcoholism shall not constitute a
defense to disqualification from benefits due to misconduct.
[2000 c 2 § 13; 1993 c 483 § 9; 1982 1st ex.s. c 18 § 16;
1977 ex.s. c 33 § 5; 1970 ex.s. c 2 § 22; 1953 ex.s. c 8 § 9;
1951 c 215 § 13; 1949 c 214 § 13; 1947 c 215 § 16; 1945
c 35 § 74; Rem. Supp. 1949 § 9998-212. Prior: 1943 c 127
§ 3; 1941 c 253 § 3; 1939 c 214 § 3; 1937 c 162 § 5.]
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note
following RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
Severability—Conflict with federal requirements—1982 1st ex.s.
c 18: See notes following RCW 50.12.200.
Effective dates—Construction—1977 ex.s. c 33: See notes
following RCW 50.04.030.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
50.20.065 Cancellation of hourly wage credits due
to felony or gross misdemeanor. (1) An individual who
has been discharged from his or her work because of a
felony or gross misdemeanor of which he or she has been
convicted, or has admitted committing to a competent
authority, and that is connected with his or her work shall
have all hourly wage credits based on that employment
canceled.
(2) The employer shall notify the department of such an
admission or conviction, not later than six months following
the admission or conviction.
(3) The claimant shall disclose any conviction of the
claimant of a work-connected felony or gross misdemeanor
occurring in the previous two years to the department at the
time of application for benefits.
(4) All benefits that are paid in error based on wage/
hour credits that should have been removed from the
claimant’s base year are recoverable, notwithstanding RCW
50.20.190 or 50.24.020 or any other provisions of this title.
[1993 c 483 § 11.]
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
(2002 Ed.)
50.20.050
50.20.070 Disqualification for misrepresentation.
Irrespective of any other provisions of this title an individual
shall be disqualified for benefits for any week with respect
to which he has knowingly made a false statement or
representation involving a material fact or knowingly failed
to report a material fact and has thereby obtained or attempted to obtain any benefits under the provisions of this title,
and for an additional twenty-six weeks commencing with the
first week for which he completes an otherwise compensable
claim for waiting period credit or benefits following the date
of the delivery or mailing of the determination of disqualification under this section: PROVIDED, That such disqualification shall not be applied after two years have elapsed from
the date of the delivery or mailing of the determination of
disqualification under this section, but all overpayments
established by such determination of disqualification shall be
collected as otherwise provided by this title. [1973 1st ex.s.
c 158 § 5; 1953 ex.s. c 8 § 10; 1951 c 265 § 10; 1949 c 214
§ 14; 1947 c 215 § 17; 1945 c 35 § 75; Rem. Supp. 1949 §
9998-213. Prior: 1943 c 127 § 3; 1941 c 253 § 3; 1939 c
214 § 3; 1937 c 162 § 5.]
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
Severability—1951 c 265: See note following RCW 50.98.070.
50.20.080 Disqualification for refusal to work. An
individual is disqualified for benefits, if the commissioner
finds that the individual has failed without good cause, either
to apply for available, suitable work when so directed by the
employment office or the commissioner, or to accept suitable
work when offered the individual, or to return to his or her
customary self-employment (if any) when so directed by the
commissioner. Such disqualification shall begin with the
week of the refusal and thereafter for seven calendar weeks
and continue until the individual has obtained bona fide work
in employment covered by this title and earned wages in that
employment of not less than seven times his or her suspended weekly benefit amount. [2000 c 2 § 14; 1993 c 483 § 10;
1959 c 321 § 1; 1953 ex.s. c 8 § 11; 1951 c 215 § 14; 1949
c 214 § 15; 1945 c 35 § 76; Rem. Supp. 1949 § 9998-214.
Prior: 1943 c 127 § 3; 1941 c 253 § 3; 1939 c 214 § 3;
1937 c 162 § 5.]
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note
following RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
Effective date—1959 c 321: "This act shall take effect on July 5,
1959." [1959 c 321 § 4.]
50.20.085 Disqualification for receipt of industrial
insurance disability benefits. An individual is disqualified
from benefits with respect to any day or days for which he
or she is receiving, has received, or will receive compensation under RCW 51.32.060 or 51.32.090. [1991 c 117 § 2;
1986 c 75 § 1.]
Conflict with federal requirements—Severability—Effective
dates—1991 c 117: See notes following RCW 50.04.030.
50.20.090 Strike or lockout disqualification—When
inapplicable. (1) An individual shall be disqualified for
[Title 50 RCW—page 33]
50.20.090
Title 50 RCW: Unemployment Compensation
benefits for any week with respect to which the commissioner finds that the individual’s unemployment is:
(a) Due to a strike at the factory, establishment, or other
premises at which the individual is or was last employed; or
(b) Due to a lockout by his or her employer who is a
member of a multi-employer bargaining unit and who has
locked out the employees at the factory, establishment, or
other premises at which the individual is or was last employed after one member of the multi-employer bargaining
unit has been struck by its employees as a result of the
multi-employer bargaining process.
(2) Subsection (1) of this section shall not apply if it is
shown to the satisfaction of the commissioner that:
(a) The individual is not participating in or financing or
directly interested in the strike or lockout that caused the
individual’s unemployment; and
(b) The individual does not belong to a grade or class
of workers of which, immediately before the commencement
of the strike or lockout, there were members employed at the
premises at which the strike or lockout occurs, any of whom
are participating in or financing or directly interested in the
strike or lockout: PROVIDED, That if in any case separate
branches of work which are commonly conducted as separate
businesses in separate premises are conducted in separate
departments of the same premises, each such department
shall, for the purpose of this subdivision, be deemed to be a
separate factory, establishment, or other premises.
(3) Any disqualification imposed under this section shall
end when the strike or lockout is terminated. [1988 c 83 §
1; 1987 c 2 § 1; 1953 ex.s. c 8 § 12; 1945 c 35 § 77; Rem.
Supp. 1945 § 9998-215. Prior: 1943 c 127 § 3; 1941 c 253
§ 3; 1939 c 214 § 3; 1937 c 162 § 5.]
Labor dispute study—1988 c 83: "(1) The department of employment security shall study and analyze the impact of section 1 of this act on
the number of claimants receiving unemployment insurance benefits and the
total amount of benefits paid, and on the type, frequency, duration, and
outcome of labor disputes. In performing the study the department shall
specifically address the impact of section 1(1)(b) of this act on the above
subjects.
(2) In performing its duties under this section the department shall
periodically convene meetings with representatives of labor and management, including but not limited to representatives of the following: A
general business association; an organization broadly representing organized
labor; the construction industry; construction industry organized labor; the
trade industry; trade industry organized labor; the manufacturing industry;
manufacturing industry organized labor; the service industry; service
industry organized labor; the transportation industry; transportation industry
organized labor; the communication industry; and communication industry
organized labor.
(3) For the purpose of studying and analyzing the impact of section
1(1)(b) of this act the department shall periodically convene, in addition to
those meetings specified in subsection (2) of this section, meetings with
representatives of labor and management from industries with multiemployer bargaining units, including but not limited to representatives from
a general business association; an organization broadly representing
organized labor; the retail trade industry; and retail trade industry organized
labor.
(4) The department shall report its findings to the governor, the senate
economic development and labor committee, and the house of representatives commerce and labor committee, or the appropriate successor committees, by the commencement of the 1990 regular session of the legislature."
[1988 c 83 § 2.]
Effective date—1988 c 83: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect on the
Sunday following the day on which the governor signs this act [March 20,
1988]." [1988 c 83 § 3.]
[Title 50 RCW—page 34]
Applicability—Effective date—1987 c 2: "(1) This act shall apply
retrospectively to all applicable employers and employees as of November
16, 1986.
(2) This act is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government and its
existing public institutions, and shall take effect immediately [February 20,
1987]." [1987 c 2 § 4.]
Severability—1987 c 2: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1987 c 2 § 5.]
50.20.095 Disqualification for attending school or
institution of higher education. Any individual registered
at an established school in a course of study providing
scholastic instruction of twelve or more hours per week, or
the equivalent thereof, shall be disqualified from receiving
benefits or waiting period credit for any week during the
school term commencing with the first week of such
scholastic instruction or the week of leaving employment to
return to school, whichever is the earlier, and ending with
the week immediately before the first full week in which the
individual is no longer registered for twelve or more hours
of scholastic instruction per week: PROVIDED, That
registration for less than twelve hours will be for a period of
sixty days or longer. The term "school" includes primary
schools, secondary schools, and "institutions of higher
education" as that phrase is defined in RCW 50.44.037.
This disqualification shall not apply to any individual
who:
(1) Is in approved training within the meaning of RCW
50.20.043; or
(2) Demonstrates to the commissioner by a preponderance of the evidence his or her actual availability for work,
and in arriving at this determination the commissioner shall
consider the following factors:
(a) Prior work history;
(b) Scholastic history;
(c) Past and current labor market attachment; and
(d) Past and present efforts to seek work. [1980 c 74 §
4; 1977 ex.s. c 33 § 8.]
Severability—1980 c 74: See note following RCW 50.04.323.
Effective dates—Construction—1977 ex.s. c 33: See notes
following RCW 50.04.030.
50.20.098 Services performed by alien. (1) Benefits
shall not be paid on the basis of services performed by an
alien unless the alien is an individual who was lawfully
admitted for permanent residence, was lawfully present for
purposes of performing such services, or otherwise was
permanently residing in the United States under color of law
at the time such services were performed, including an alien
who was lawfully present in the United States as a result of
the application of the provisions of 8 U.S.C. Sec. 1182(d)(5):
PROVIDED, That any modifications to 26 U.S.C. Sec.
3304(a)(14) as provided by PL 94-566 which specify other
conditions or other effective date than stated herein for the
denial of benefits based on services performed by aliens and
which modifications are required to be implemented under
state law as a condition for full tax credit against the tax
imposed by 26 U.S.C. Sec. 3301 shall be deemed applicable
under this section.
(2002 Ed.)
Benefits and Claims
50.20.098
(2) Any data or information required of individuals
applying for benefits to determine whether benefits are not
payable to them because of their alien status shall be
uniformly required from all applicants for benefits.
(3) In the case of an individual whose application for
benefits would otherwise be approved, no determination that
benefits to the individual are not payable because of his or
her alien status shall be made except upon a preponderance
of the evidence. [1993 c 58 § 2; 1989 c 92 § 1; 1977 ex.s.
c 292 § 10.]
specific work opportunity unsuitable for a particular individual.
(3) For individuals who have qualified for unemployment compensation benefits under RCW 50.20.050(2)(d), an
evaluation of the suitability of the work must consider the
individual’s need to address the physical, psychological,
legal, and other effects of domestic violence or stalking.
[2002 c 8 § 2; 1989 c 380 § 80; 1977 ex.s. c 33 § 6; 1973
1st ex.s. c 158 § 6; 1945 c 35 § 78; Rem. Supp. 1945 §
9998-216.]
Conflict with federal requirements—Severability—Effective date—
1993 c 58: See notes following RCW 50.04.165.
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
Effective date—1989 c 380 §§ 78-81: See note following RCW
50.04.150.
Conflict with federal requirements—1989 c 380: See note
following RCW 50.04.150.
Severability—1989 c 380: See RCW 15.58.942 and 15.58.943.
Effective dates—Construction—1977 ex.s. c 33: See notes
following RCW 50.04.030.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
50.20.099 Training benefits—Eligibility to work in
the United States. (1) To ensure that unemployment
insurance benefits are paid in accordance with RCW
50.20.098, the employment security department shall verify
that an individual is eligible to work in the United States
before the individual receives training benefits under RCW
50.22.150.
(2) By July 1, 2002, the employment security department shall:
(a) Develop and implement an effective method for
determining, where appropriate, eligibility to work in the
United States for individuals applying for unemployment
benefits under this title;
(b) Review verification systems developed by federal
agencies for verifying a person’s eligibility to receive
unemployment benefits under this title and evaluate the
effectiveness of these systems for use in this state; and
(c) Report its initial findings to the legislature by
September 1, 2000, and its final report by July 1, 2002.
(3) Where federal law prohibits the conditioning of
unemployment benefits on a verification of an individual’s
status as a qualified or authorized alien, the requirements of
this section shall not apply. [2000 c 2 § 10.]
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
50.20.100 Suitable work factors. (1) Suitable work
for an individual is employment in an occupation in keeping
with the individual’s prior work experience, education, or
training and if the individual has no prior work experience,
special education, or training for employment available in the
general area, then employment which the individual would
have the physical and mental ability to perform. In determining whether work is suitable for an individual, the
commissioner shall also consider the degree of risk involved
to the individual’s health, safety, and morals, the individual’s
physical fitness, the individual’s length of unemployment and
prospects for securing local work in the individual’s customary occupation, the distance of the available work from the
individual’s residence, and such other factors as the commissioner may deem pertinent, including state and national
emergencies.
(2) For individuals with base year work experience in
agricultural labor, any agricultural labor available from any
employer shall be deemed suitable unless it meets conditions
in RCW 50.20.110 or the commissioner finds elements of
(2002 Ed.)
50.20.110 Suitable work exceptions. Notwithstanding
any other provisions of this title, no work shall be deemed
to be suitable and benefits shall not be denied under this title
to any otherwise eligible individual for refusing to accept
new work under any of the following conditions:
(1) If the position offered is vacant due directly to a
strike, lockout, or other labor dispute; or
(2) if the remuneration, hours, or other conditions of the
work offered are substantially less favorable to the individual
than those prevailing for similar work in the locality; or
(3) if as a condition of being employed the individual
would be required by the employing unit to join a company
union or to resign from or refrain from joining any bona fide
labor organization. [1945 c 35 § 79; Rem. Supp. 1945 §
9998-217.]
50.20.113 Unemployment of sport or athletic event
participant during period between sport seasons. Benefits
shall not be paid to any individual on the basis of any
services, substantially all of which consist of participating in
sports or athletic events or training or preparing to so
participate, for any week which commences during the
period between two successive sport seasons (or similar
periods) if the individual performed the services in the first
of the seasons (or similar periods) and there is a reasonable
assurance that the individual will perform the services in the
latter of the seasons (or similar periods). [1977 ex.s. c 292
§ 6.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.20.115 Unemployment due to vacation. When an
unemployed individual is qualified for receipt of unemployment compensation benefits by the specific provisions of
RCW 50.20.010, 50.20.120 and 50.20.130, and such individual is not specifically disqualified from receiving such
benefits by reason of the provisions of RCW 50.20.090,
50.20.050, 50.20.060, 50.20.070 or 50.20.080, he shall, for
all purposes of the unemployment compensation act, be
deemed to be involuntarily unemployed and entitled to
unemployment compensation benefits: PROVIDED, That
the cessation of operations by an employer for the purpose
[Title 50 RCW—page 35]
50.20.115
Title 50 RCW: Unemployment Compensation
of granting vacations, whether by union contract or other
reasons, shall in no manner be construed to be a voluntary
quit nor a voluntary unemployment on the part of the
employees. [1983 c 3 § 158; 1951 c 265 § 12.]
Severability—1951 c 265: See note following RCW 50.98.070.
50.20.117 Jury service. No otherwise eligible
individual shall be denied benefits for any week because he
or she is serving as a prospective or impaneled juror in any
court of this state. Compensation received for service as a
juror shall not be considered wages subject to contributions
under this title nor shall such compensation be considered in
determining base-year wages, but it shall be considered
remuneration for purposes of a deduction from benefits
under RCW 50.20.130. [1979 ex.s. c 135 § 6.]
Severability—1979 ex.s. c 135: See note following RCW 2.36.080.
50.20.118 Unemployment while in approved training. (1) Notwithstanding any other provision of this chapter,
an otherwise eligible individual shall not be denied benefits
for any week because he or she is in training approved under
section 236(a)(1) of the Trade Act of 1974, P.L. 93-618, nor
may that individual be denied benefits for any such week by
reason of leaving work which is not suitable employment to
enter such training, or for failure to meet any requirement of
federal or state law for any such week which relates to the
individual’s availability for work, active search for work, or
refusal to accept work.
(2) For the purposes of this section, "suitable employment" means, with respect to an individual, work of a
substantially equal or higher skill level than the individual’s
past adversely affected employment (as described for the
purposes of the Trade Act of 1974, P.L. 93-618), if the
wages for such work are not less than eighty percent of the
individual’s average weekly wage as determined for the
purposes of the Trade Act of 1974, P.L. 93-618. [1982 1st
ex.s. c 18 § 7.]
Severability—Conflict with federal requirements—1982 1st ex.s.
c 18: See notes following RCW 50.12.200.
50.20.120 Amount of benefits. (1) Subject to the
other provisions of this title, benefits shall be payable to any
eligible individual during the individual’s benefit year in a
maximum amount equal to the lesser of thirty times the
weekly benefit amount (determined hereinafter) or one-third
of the individual’s base year wages under this title: PROVIDED, That as to any week beginning on and after March
31, 1981, which falls in an extended benefit period as
defined in RCW 50.22.010(1), as now or hereafter amended,
an individual’s eligibility for maximum benefits in excess of
twenty-six times his or her weekly benefit amount will be
subject to the terms and conditions set forth in RCW
50.22.020, as now or hereafter amended.
(2) An individual’s weekly benefit amount shall be an
amount equal to one twenty-fifth of the average quarterly
wages of the individual’s total wages during the two quarters
of the individual’s base year in which such total wages were
highest. The maximum and minimum amounts payable
weekly shall be determined as of each June 30th to apply to
benefit years beginning in the twelve-month period immediately following such June 30th. Except as provided in RCW
[Title 50 RCW—page 36]
50.20.125, the maximum amount payable weekly shall be
seventy percent of the "average weekly wage" for the
calendar year preceding such June 30th. The minimum
amount payable weekly shall be fifteen percent of the
"average weekly wage" for the calendar year preceding such
June 30th. If any weekly benefit, maximum benefit, or
minimum benefit amount computed herein is not a multiple
of one dollar, it shall be reduced to the next lower multiple
of one dollar. [2002 c 149 § 4; 1993 c 483 § 12; 1984 c
205 § 1; 1983 1st ex.s. c 23 § 11; 1981 c 35 § 5; 1980 c 74
§ 3; 1977 ex.s. c 33 § 7; 1970 ex.s. c 2 § 5; 1959 c 321 § 2;
1955 c 209 § 1; 1951 c 265 § 11; 1949 c 214 § 16; 1945 c
35 § 80; Rem. Supp. 1949 § 9998-218. Prior: 1943 c 127
§ 1; 1941 c 253 § 1; 1939 c 214 § 1; 1937 c 162 § 3.]
Conflict with federal requirements—Severability—2002 c 149: See
notes following RCW 50.22.140.
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements—1984 c 205: "If any part of
this act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements which are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1984 c 205 § 11.]
Severability—1984 c 205: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 205 § 12.]
Effective dates—1984 c 205: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect immediately [March 21, 1984], except as follows:
(1) Sections 6 and 13 of this act shall take effect on January 1, 1985;
(2) Section 7 of this act shall be effective for compensable weeks of
unemployment beginning on or after January 6, 1985; and
(3) Section 9 of this act shall take effect on July 1, 1985." [1984 c
205 § 14.]
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Construction—Effective dates—Severability—1981 c 35: See notes
following RCW 50.22.030.
Severability—Effective dates—1980 c 74: See notes following RCW
50.04.323.
Effective dates—Construction—1977 ex.s. c 33: See notes
following RCW 50.04.030.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
Effective date—1959 c 321: See note following RCW 50.20.080.
Severability—1951 c 265: See note following RCW 50.98.070.
50.20.125 Maximum amount payable weekly.
(Expires July 1, 2014.) (1) From July 1, 2002, to June 30,
2004, the maximum amount payable weekly shall be four
hundred ninety-six dollars.
(2) From July 1, 2004, to June 30, 2010, the maximum
amount payable weekly shall be seventy percent of the
"average weekly wage" for the calendar year preceding such
June 30th, except that the maximum amount payable weekly
shall not increase by more than four percent each year. If
growth in the average annual wage causes growth in the
maximum amount payable weekly that exceeds four percent,
then fifty percent of the growth rate that exceeds four percent shall be added to the maximum amount payable weekly
(2002 Ed.)
Benefits and Claims
in any of the subsequent three years. For years in which the
potential recaptured growth rate exceeds the growth rate
needed to reach four percent, the excess recaptured growth
rate is available to be added to the maximum amount
payable weekly in the remaining years in the three-year
period. Each year, the department shall add any excess
recaptured growth rate to the maximum amount payable
weekly. Remaining portions of the excess additional growth
rate not applied within the three-year period shall lapse. The
sum of the growth rate and the excess additional growth rate
shall not exceed four percent.
(3) If the maximum amount payable weekly is less than
seventy percent of the average weekly wage on June 30,
2010, it shall be restored to seventy percent of the average
weekly wage using one of the following methods. The
maximum amount payable weekly may be restored: (a) In
equal increments in the four fiscal years ending on June 30,
2014; or (b) in increments which, together with the growth
rate in the maximum amount payable weekly, do not exceed
nine percent in each fiscal year. The applicable method is
the method that restores the maximum amount payable
weekly to seventy percent of the average weekly wage first.
[2002 c 149 § 3.]
Expiration dates—2002 c 149 §§ 3, 7, and 9: "(1) Sections 7 and
9 of this act expire January 1, 2005.
(2) Section 3 of this act expires July 1, 2014." [2002 c 149 § 18.]
Conflict with federal requirements—Severability—2002 c 149: See
notes following RCW 50.22.140.
Application—2002 c 149 §§ 3 and 5-8: See note following RCW
50.24.010.
50.20.130 Deduction from weekly benefit amount.
If an eligible individual is available for work for less than a
full week, he shall be paid his weekly benefit amount
reduced by one-seventh of such amount for each day that he
is unavailable for work: PROVIDED, That if he is unavailable for work for three days or more of a week, he shall be
considered unavailable for the entire week.
Each eligible individual who is unemployed in any week
shall be paid with respect to such week a benefit in an
amount equal to his weekly benefit amount less seventy-five
percent of that part of the remuneration (if any) payable to
him with respect to such week which is in excess of five
dollars. Such benefit, if not a multiple of one dollar, shall
be reduced to the next lower multiple of one dollar. [1983
1st ex.s. c 23 § 12; 1973 2nd ex.s. c 7 § 3; 1959 c 321 § 3;
1951 c 215 § 15; 1949 c 214 § 17; 1945 c 35 § 81; Rem.
Supp. 1949 § 9998-219. Prior: 1943 c 127 § 1; 1941 c 253
§ 1; 1939 c 214 § 1; 1937 c 162 § 3.]
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Application—1973 2nd ex.s. c 7: See note following RCW
50.04.310.
Effective date—1959 c 321: See note following RCW 50.20.080.
50.20.140 Filing applications and claims—
Definitions. An application for initial determination, a claim
for waiting period, or a claim for benefits shall be filed in
accordance with such rules as the commissioner may
prescribe. An application for an initial determination may be
made by any individual whether unemployed or not. Each
employer shall post and maintain printed statements of such
(2002 Ed.)
50.20.125
rules in places readily accessible to individuals in his or her
employment and shall make available to each such individual
at the time he or she becomes unemployed, a printed
statement of such rules and such notices, instructions, and
other material as the commissioner may by rule prescribe.
Such printed material shall be supplied by the commissioner
to each employer without cost to the employer.
The term "application for initial determination" shall
mean a request in writing, or by other means as determined
by the commissioner, for an initial determination. The term
"claim for waiting period" shall mean a certification, after
the close of a given week, that the requirements stated herein
for eligibility for waiting period have been met. The term
"claim for benefits" shall mean a certification, after the close
of a given week, that the requirements stated herein for
eligibility for receipt of benefits have been met.
A representative designated by the commissioner shall
take the application for initial determination and for the
claim for waiting period credits or for benefits. When an
application for initial determination has been made, the
employment security department shall promptly make an
initial determination which shall be a statement of the
applicant’s base year wages, his or her weekly benefit
amount, his or her maximum amount of benefits potentially
payable, and his or her benefit year. Such determination
shall fix the general conditions under which waiting period
credit shall be granted and under which benefits shall be
paid during any period of unemployment occurring within
the benefit year fixed by such determination. [1998 c 161
§ 2; 1951 c 215 § 4; 1945 c 35 § 82; Rem. Supp. 1945 §
9998-220. Prior: 1943 c 127 § 4; 1941 c 253 § 4; 1939 c
214 § 4; 1937 c 162 § 6.]
Finding—Intent—1998 c 161: "The legislature finds that the shift
by the employment security department from in-person written initial
applications for unemployment insurance benefits to a call center approach
creates opportunities for improved service but also raises serious concerns.
Eliminating face-to-face contact may increase the potential for fraud and
reduce the probability that claimants will utilize existing reemployment
resources. Therefore, it is the intent of the legislature that if the written
application process is to be eliminated, the employment security department
must ensure that unemployment insurance claimants remain actively
involved in reemployment activities and that an independent evaluation be
conducted of the call center approach to unemployment insurance." [1998
c 161 § 1.]
Evaluation of call center: "(1) The joint legislative audit and review
committee, in consultation with members of the senate and house of
representatives commerce and labor committees and the unemployment
insurance advisory committee, shall conduct an evaluation of the new call
center approach to unemployment insurance. The evaluation shall review
the performance of the call center system, including, but not limited to, the:
(a) Promptness of payments; (b) number and types of errors; (c) amount and
types of fraud; and (d) level of overpayments and underpayments, compared
with the current system.
(2) The joint legislative audit and review committee is directed to
contract with a private entity consistent with the provisions of chapter 39.29
RCW. The committee shall consult with the unemployment insurance
advisory committee in the design of the request for proposals from potential
contractors and shall use the advisory committee to evaluate the responses.
The joint legislative audit and review committee shall provide a report on
its findings and recommendations to the appropriate standing committee of
the senate and house of representatives by September 1, 2001." [1998 c 161
§ 5.]
Funding—1998 c 161 § 5: "The employment security department is
authorized to expend funds provided under RCW 50.24.014(1)(b) for the
purposes of the evaluation provided for in section 5 of this act." [1998 c
161 § 6.]
[Title 50 RCW—page 37]
50.20.150
Title 50 RCW: Unemployment Compensation
50.20.150 Notice of application or claim. The
applicant for initial determination, his most recent employing
unit as stated by the applicant, and any other interested party
which the commissioner by regulation prescribes, shall, if
not previously notified within the same continuous period of
unemployment, be given notice promptly in writing that an
application for initial determination has been filed and such
notice shall contain the reasons given by the applicant for his
last separation from work. If, during his benefit year, the
applicant becomes unemployed after having accepted
subsequent work, and reports for the purpose of reestablishing his eligibility for benefits, a similar notice shall be given
promptly to his then most recent employing unit as stated by
him, or to any other interested party which the commissioner
by regulation prescribes.
Each base year employer shall be promptly notified of
the filing of any application for initial determination which
may result in a charge to his account. [1970 ex.s. c 2 § 7;
1951 c 215 § 5; 1945 c 35 § 83; Rem. Supp. 1945 § 9998221. Prior: 1943 c 127 § 4; 1941 c 253 § 4; 1939 c 214 §
4; 1937 c 162 § 6.]
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
50.20.160 Redetermination. (1) A determination of
amount of benefits potentially payable issued pursuant to the
provisions of RCW 50.20.120 and 50.20.140 shall not serve
as a basis for appeal but shall be subject to request by the
claimant for reconsideration and/or for redetermination by
the commissioner at any time within one year from the date
of delivery or mailing of such determination, or any redetermination thereof: PROVIDED, That in the absence of fraud
or misrepresentation on the part of the claimant, any benefits
paid prior to the date of any redetermination which reduces
the amount of benefits payable shall not be subject to
recovery under the provisions of RCW 50.20.190. A denial
of a request to reconsider or a redetermination shall be
furnished the claimant in writing and provide the basis for
appeal under the provisions of RCW 50.32.020.
(2) A determination of denial of benefits issued under
the provisions of RCW 50.20.180 shall become final, in
absence of timely appeal therefrom: PROVIDED, That the
commissioner may reconsider and redetermine such determinations at any time within one year from delivery or mailing
to correct an error in identity, omission of fact, or misapplication of law with respect to the facts.
(3) A determination of allowance of benefits shall
become final, in absence of a timely appeal therefrom:
PROVIDED, That the commissioner may redetermine such
allowance at any time within two years following the benefit
year in which such allowance was made in order to recover
any benefits improperly paid and for which recovery is
provided under the provisions of RCW 50.20.190: AND
PROVIDED FURTHER, That in the absence of fraud,
misrepresentation, or nondisclosure, this provision or the
provisions of RCW 50.20.190 shall not be construed so as to
permit redetermination or recovery of an allowance of
benefits which having been made after consideration of the
provisions of RCW 50.20.010(3), or the provisions of RCW
50.20.050, 50.20.060, 50.20.080, or 50.20.090 has become
final.
[Title 50 RCW—page 38]
(4) A redetermination may be made at any time: (a) To
conform to a final court decision applicable to either an
initial determination or a determination of denial or allowance of benefits; (b) in the event of a back pay award or
settlement affecting the allowance of benefits; or (c) in the
case of fraud, misrepresentation, or willful nondisclosure.
Written notice of any such redetermination shall be promptly
given by mail or delivered to such interested parties as were
notified of the initial determination or determination of
denial or allowance of benefits and any new interested party
or parties who, pursuant to such regulation as the commissioner may prescribe, would be an interested party. [1990 c
245 § 4; 1959 c 266 § 4; 1953 ex.s. c 8 § 13; 1951 c 215 §
6; 1945 c 35 § 84; Rem. Supp. 1945 § 9998-222. Prior:
1941 c 253 § 4.]
Conflict with federal requirements—1990 c 245: See note
following RCW 50.04.030.
50.20.170 Payment of benefits. An individual who
has received an initial determination finding that he is
potentially entitled to receive waiting period credit or
benefits shall, during the benefit year, be given waiting
period credit or be paid benefits in accordance with such
initial determination for any week with respect to which the
conditions of eligibility for such credit or benefits, as
prescribed by this title, are met, unless the individual is
denied waiting period credit or benefits under the disqualification provisions of this title.
All benefits shall be paid through employment offices
in accordance with such regulations as the commissioner
may prescribe. [1945 c 35 § 85; Rem. Supp. 1945 § 9998223. Prior: 1943 c 127 § 1; 1941 c 253 § 1; 1939 c 214 §
1; 1937 c 162 § 3.]
50.20.180 Denial of benefits. If waiting period credit
or the payment of benefits shall be denied to any claimant
for any week or weeks, the claimant and such other interested party as the commissioner by regulation prescribes shall
be promptly issued written notice of the denial and the reasons therefor. In any case where the department is notified
in accordance with such regulation as the commissioner
prescribes or has reason to believe that the claimant’s right
to waiting period credit or benefits is in issue because of his
separation from work for any reason other than lack of work,
the department shall promptly issue a determination of
allowance or denial of waiting period credit or benefits and
the reasons therefor to the claimant, his most recent employing unit as stated by the claimant, and such other interested
party as the commissioner by regulation prescribes. Notice
that waiting period credit or benefits are allowed or denied
shall suffice for the particular weeks stated in the notice or
until the condition upon which the allowance or denial was
based has been changed. [1951 c 215 § 7; 1945 c 38 § 86;
Rem. Supp. 1945 § 9998-224. Prior: 1943 c 127 § 4; 1941
c 253 § 4; 1939 c 214 § 4; 1937 c 162 § 6.]
50.20.190 Recovery of benefit payments. (1) An
individual who is paid any amount as benefits under this title
to which he or she is not entitled shall, unless otherwise
relieved pursuant to this section, be liable for repayment of
the amount overpaid. The department shall issue an over(2002 Ed.)
Benefits and Claims
payment assessment setting forth the reasons for and the
amount of the overpayment. The amount assessed, to the
extent not collected, may be deducted from any future
benefits payable to the individual: PROVIDED, That in the
absence of a back pay award, a settlement affecting the
allowance of benefits, fraud, misrepresentation, or willful
nondisclosure, every determination of liability shall be
mailed or personally served not later than two years after the
close of or final payment made on the individual’s applicable
benefit year for which the purported overpayment was made,
whichever is later, unless the merits of the claim are subjected to administrative or judicial review in which event the
period for serving the determination of liability shall be
extended to allow service of the determination of liability
during the six-month period following the final decision
affecting the claim.
(2) The commissioner may waive an overpayment if the
commissioner finds that the overpayment was not the result
of fraud, misrepresentation, willful nondisclosure, or fault
attributable to the individual and that the recovery thereof
would be against equity and good conscience: PROVIDED,
HOWEVER, That the overpayment so waived shall be
charged against the individual’s applicable entitlement for
the eligibility period containing the weeks to which the
overpayment was attributed as though such benefits had been
properly paid.
(3) Any assessment herein provided shall constitute a
determination of liability from which an appeal may be had
in the same manner and to the same extent as provided for
appeals relating to determinations in respect to claims for
benefits: PROVIDED, That an appeal from any determination covering overpayment only shall be deemed to be an
appeal from the determination which was the basis for
establishing the overpayment unless the merits involved in
the issue set forth in such determination have already been
heard and passed upon by the appeal tribunal. If no such
appeal is taken to the appeal tribunal by the individual within
thirty days of the delivery of the notice of determination of
liability, or within thirty days of the mailing of the notice of
determination, whichever is the earlier, the determination of
liability shall be deemed conclusive and final. Whenever
any such notice of determination of liability becomes
conclusive and final, the commissioner, upon giving at least
twenty days notice by certified mail return receipt requested
to the individual’s last known address of the intended action,
may file with the superior court clerk of any county within
the state a warrant in the amount of the notice of determination of liability plus a filing fee under RCW 36.18.012(10).
The clerk of the county where the warrant is filed shall
immediately designate a superior court cause number for the
warrant, and the clerk shall cause to be entered in the
judgment docket under the superior court cause number
assigned to the warrant, the name of the person(s) mentioned
in the warrant, the amount of the notice of determination of
liability, and the date when the warrant was filed. The
amount of the warrant as docketed shall become a lien upon
the title to, and any interest in, all real and personal property
of the person(s) against whom the warrant is issued, the
same as a judgment in a civil case duly docketed in the
office of such clerk. A warrant so docketed shall be
sufficient to support the issuance of writs of execution and
writs of garnishment in favor of the state in the manner
(2002 Ed.)
50.20.190
provided by law for a civil judgment. A copy of the warrant
shall be mailed to the person(s) mentioned in the warrant by
certified mail to the person’s last known address within five
days of its filing with the clerk.
(4) On request of any agency which administers an
employment security law of another state, the United States,
or a foreign government and which has found in accordance
with the provisions of such law that a claimant is liable to
repay benefits received under such law, the commissioner
may collect the amount of such benefits from the claimant
to be refunded to the agency. In any case in which under
this section a claimant is liable to repay any amount to the
agency of another state, the United States, or a foreign
government, such amounts may be collected without interest
by civil action in the name of the commissioner acting as
agent for such agency if the other state, the United States, or
the foreign government extends such collection rights to the
employment security department of the state of Washington,
and provided that the court costs be paid by the governmental agency benefiting from such collection.
(5) Any employer who is a party to a back pay award
or settlement due to loss of wages shall, within thirty days
of the award or settlement, report to the department the
amount of the award or settlement, the name and social
security number of the recipient of the award or settlement,
and the period for which it is awarded. When an individual
has been awarded or receives back pay, for benefit purposes
the amount of the back pay shall constitute wages paid in the
period for which it was awarded. For contribution purposes,
the back pay award or settlement shall constitute wages paid
in the period in which it was actually paid. The following
requirements shall also apply:
(a) The employer shall reduce the amount of the back
pay award or settlement by an amount determined by the
department based upon the amount of unemployment
benefits received by the recipient of the award or settlement
during the period for which the back pay award or settlement
was awarded;
(b) The employer shall pay to the unemployment
compensation fund, in a manner specified by the commissioner, an amount equal to the amount of such reduction;
(c) The employer shall also pay to the department any
taxes due for unemployment insurance purposes on the entire
amount of the back pay award or settlement notwithstanding
any reduction made pursuant to (a) of this subsection;
(d) If the employer fails to reduce the amount of the
back pay award or settlement as required in (a) of this
subsection, the department shall issue an overpayment
assessment against the recipient of the award or settlement
in the amount that the back pay award or settlement should
have been reduced; and
(e) If the employer fails to pay to the department an
amount equal to the reduction as required in (b) of this
subsection, the department shall issue an assessment of
liability against the employer which shall be collected
pursuant to the procedures for collection of assessments
provided herein and in RCW 50.24.110.
(6) When an individual fails to repay an overpayment
assessment that is due and fails to arrange for satisfactory
repayment terms, the commissioner shall impose an interest
penalty of one percent per month of the outstanding balance.
Interest shall accrue immediately on overpayments assessed
[Title 50 RCW—page 39]
50.20.190
Title 50 RCW: Unemployment Compensation
pursuant to RCW 50.20.070 and shall be imposed when the
assessment becomes final. For any other overpayment,
interest shall accrue when the individual has missed two or
more of their monthly payments either partially or in full.
The interest penalty shall be used to fund detection and
recovery of overpayment and collection activities and, during
the 2001-2003 fiscal biennium, the cost of worker retraining
programs at community and technical colleges as appropriated by the legislature. [2002 c 371 § 915; 2001 c 146 § 7;
1995 c 90 § 1; 1993 c 483 § 13; 1991 c 117 § 3; 1990 c 245
§ 5; 1989 c 92 § 2; 1981 c 35 § 6; 1975 1st ex.s. c 228 § 3;
1973 1st ex.s. c 158 § 7; 1953 ex.s. c 8 § 14; 1951 c 215 §
8; 1947 c 215 § 18; 1945 c 35 § 87; Rem. Supp. 1947 §
9998-225. Prior: 1943 c 127 § 12; 1941 c 253 § 13; 1939
c 214 § 14; 1937 c 162 § 16.]
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
Conflict with federal requirements—1995 c 90: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of
the conflict, and such finding or determination shall not affect the operation
of the remainder of this act. The rules under this act shall meet federal
requirements that are a necessary condition to the receipt of federal funds
by the state or the granting of federal unemployment tax credits to
employers in this state." [1995 c 90 § 2.]
Application—1995 c 90: "This act applies to job separations
occurring after July 1, 1995." [1995 c 90 § 3.]
Effective date—1995 c 90: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 18, 1995]." [1995 c 90 § 4.]
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements—Severability—Effective
dates—1991 c 117: See notes following RCW 50.04.030.
Conflict with federal requirements—1990 c 245: See note
following RCW 50.04.030.
Severability—1981 c 35: See note following RCW 50.22.030.
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
Government or retirement pension plan payments as remuneration or
wages—Recovery of excess over benefits allowable, limitations: RCW
50.04.323.
50.20.191 Authority to compromise benefit
overpayments. See RCW 50.24.020.
50.20.192 Collection of benefit overpayments,
limitation of actions. See RCW 50.24.190.
50.20.193 Chargeoff of uncollectible benefit
overpayments. See RCW 50.24.200.
50.20.195 Assessed interest—Use. All receipts from
interest assessed against unemployment insurance claimants
shall be deposited in the administrative contingency fund and
shall be used for the purpose of RCW 50.20.190(6). [1993
c 483 § 14.]
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
[Title 50 RCW—page 40]
50.20.200 Nonliability of state. Benefits shall be
deemed to be due and payable under this title only to the
extent provided in this title and to the extent that moneys are
available therefor to the credit of the unemployment compensation fund, and neither the state nor the commissioner shall
be liable for any amount in excess of such sums. [1945 c 35
§ 88; Rem. Supp. 1945 § 9998-226.]
50.20.210 Notification of availability of basic health
plan. The commissioner shall notify any person filing a
claim under this chapter who resides in a local area served
by the Washington basic health plan of the availability of
basic health care coverage to qualified enrollees in the
Washington basic health plan under chapter 70.47 RCW,
unless the Washington basic health plan administrator has
notified the commissioner of a closure of enrollment in the
area. The commissioner shall maintain a supply of Washington basic health plan enrollment application forms, which
shall be provided in reasonably necessary quantities by the
administrator, in each appropriate employment service office
for the use of persons wishing to apply for enrollment in the
Washington basic health plan. [1987 1st ex.s. c 5 § 16.]
Severability—1987 1st ex.s. c 5: See note following RCW
70.47.901.
50.20.220 Federal income tax deduction and
withholding—Notice—Rules. (1) An individual filing a
new claim for unemployment insurance must, at the time of
filing such claim, be advised that:
(a) Unemployment insurance is subject to federal
income tax;
(b) Requirements exist pertaining to estimated tax
payments;
(c) The individual may elect to have federal income tax
deducted and withheld from the individual’s payment of
unemployment insurance at the amount specified in the
federal internal revenue code; and
(d) The individual is permitted to change a previously
elected withholding status.
(2) Amounts deducted and withheld from unemployment
compensation must remain in the unemployment fund until
transferred to the federal taxing authority as a payment of
income tax.
(3) The commissioner shall follow all procedures
specified by the United States department of labor and the
federal internal revenue service pertaining to the deducting
and withholding of income tax.
(4) The commissioner shall adopt rules to implement
this section. Amounts shall be deducted and withheld in
accordance with the priorities established in rules adopted by
the commissioner. [1996 c 28 § 2.]
Findings—1996 c 28: "The legislature finds that:
(1) The unique federal and state partnership of the unemployment
insurance program places a special responsibility on states, and selected
Congressional legislation requires conforming legislation at the state level;
(2) The most recent conformity legislation requires states to offer
unemployed workers the option of having the employment security
department withhold federal income tax from unemployment insurance
benefits;
(3) Unemployment benefits have been subject to income tax for
several years, and voluntary withholding is a reasonable strategy some
claimants will use to spread the payment of their federal income tax liability
(2002 Ed.)
Benefits and Claims
over several weeks or months rather than a single payment at income tax
time; and
(4) Conformity with federal law supports the federal and state
partnership and responds to the needs of this state’s unemployed workers."
[1996 c 28 § 1.]
Conflict with federal requirements—1996 c 28: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of
the conflict, and such finding or determination shall not affect the operation
of the remainder of this act. The rules under this act shall meet federal
requirements that are a necessary condition to the receipt of federal funds
by the state or the granting of federal unemployment tax credits to
employers in this state." [1996 c 28 § 3.]
Severability—1996 c 28: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1996 c 28 § 4.]
Effective date—Application—1996 c 28: "This act shall take effect
December 31, 1996, and shall apply to payments made after December 31,
1996." [1996 c 28 § 5.]
50.20.230 Electronic labor exchange system. The
employment security department will ensure that within a
reasonably short period of time after the initiation of
benefits, all unemployment insurance claimants, except those
with employer attachment, union referral, in commissionerapproved training, or the subject of antiharassment orders,
register for job search in an electronic labor exchange system
that supports direct employer access for the purpose of
selecting job applicants. [1998 c 161 § 3.]
Finding—Intent—1998 c 161: See note following RCW 50.20.140.
50.20.240 Job search monitoring. To ensure that
following the initial application for benefits, an individual is
actively engaged in searching for work, effective July 1,
1999, the employment security department shall implement
a job search monitoring program. Except for those individuals with employer attachment or union referral, individuals
who qualify for unemployment compensation under RCW
50.20.050(2)(d), and individuals in commissioner-approved
training, an individual who has received five or more weeks
of benefits under this title must provide evidence of seeking
work, as directed by the commissioner or the commissioner’s
agents, for each week beyond five in which a claim is filed.
The evidence must demonstrate contacts with at least three
employers per week or documented in-person job search
activity at the local reemployment center. In developing the
requirements for the job search monitoring program, the
commissioner or the commissioner’s agents shall utilize an
existing advisory committee having equal representation of
employers and workers. [2002 c 8 § 3; 1998 c 161 § 4.]
Finding—Intent—1998 c 161: See note following RCW 50.20.140.
Chapter 50.22
EXTENDED AND ADDITIONAL BENEFITS
(Formerly: Extended benefits)
Sections
50.22.010
50.22.020
50.22.030
50.22.040
(2002 Ed.)
Definitions.
Application of statute and rules—Eligibility for extended
benefits.
Extended benefit eligibility conditions—Interstate claim.
Weekly extended benefit amount.
50.22.050
50.22.060
50.22.105
50.22.130
50.22.140
50.22.150
50.20.220
Total extended benefit amount—Reduction.
Public announcement when extended benefit period becomes
effective or is terminated—Computations of rate of
insured unemployment.
Supplemental additional benefits—February 26, 1994,
through December 31, 1995—Eligibility.
Training benefits program—Intent.
Employment security department authorized to pay training
benefits—Expenditures.
Training benefits—Eligibility—Payment—Local work force
development council to identify declining and high
demand occupations and skill sets—Rules.
50.22.010 Definitions. As used in this chapter, unless
the context clearly indicates otherwise:
(1) "Extended benefit period" means a period which:
(a) Begins with the third week after a week for which
there is an "on" indicator; and
(b) Ends with the third week after the first week for
which there is an "off" indicator: PROVIDED, That no
extended benefit period shall last for a period of less than
thirteen consecutive weeks, and further that no extended
benefit period may begin by reason of an "on" indicator
before the fourteenth week after the close of a prior extended
benefit period which was in effect with respect to this state.
(2) There is an "on" indicator for this state for a week
if the commissioner determines, in accordance with the
regulations of the United States secretary of labor, that for
the period consisting of such week and the immediately preceding twelve weeks:
(a) The rate of insured unemployment, not seasonally
adjusted, equaled or exceeded one hundred twenty percent of
the average of such rates for the corresponding thirteen-week
period ending in each of the preceding two calendar years
and equaled or exceeded five percent; or
(b) For benefits for weeks of unemployment beginning
after March 6, 1993:
(i) The average rate of total unemployment, seasonally
adjusted, as determined by the United States secretary of
labor, for the period consisting of the most recent three
months for which data for all states are published before the
close of the week equals or exceeds six and one-half percent;
and
(ii) The average rate of total unemployment in the state,
seasonally adjusted, as determined by the United States
secretary of labor, for the three-month period referred to in
(b)(i) of this subsection, equals or exceeds one hundred ten
percent of the average for either or both of the corresponding
three-month periods ending in the two preceding calendar
years.
(3) "High unemployment period" means any period of
unemployment beginning after March 6, 1993, during which
an extended benefit period would be in effect if:
(a) The average rate of total unemployment, seasonally
adjusted, as determined by the United States secretary of
labor, for the period consisting of the most recent three
months for which data for all states are published before the
close of the week equals or exceeds eight percent; and
(b) The average rate of total unemployment in the state,
seasonally adjusted, as determined by the United States
secretary of labor, for the three-month period referred to in
(a) of this subsection, equals or exceeds one hundred ten
percent of the average for either or both of the corresponding
[Title 50 RCW—page 41]
50.22.010
Title 50 RCW: Unemployment Compensation
three-month periods ending in the two preceding calendar
years.
(4) There is an "off" indicator for this state for a week
only if, for the period consisting of such week and immediately preceding twelve weeks, none of the options specified
in subsection (2) or (3) of this section result in an "on"
indicator.
(5) "Regular benefits" means benefits payable to an
individual under this title or under any state law (including
benefits payable to federal civilian employees and to exservicemen pursuant to 5 U.S.C. chapter 85) other than
extended benefits or additional benefits.
(6) "Extended benefits" means benefits payable for
weeks of unemployment beginning in an extended benefit
period to an individual under this title or under any state law
(including benefits payable to federal civilian employees and
to ex-servicemen pursuant to 5 U.S.C. chapter 85) other than
regular or additional benefits.
(7) "Additional benefits" are benefits totally financed by
the state and payable under this title to exhaustees by reason
of conditions of high unemployment or by reason of other
special factors.
(8) "Eligibility period" of an individual means the period
consisting of the weeks in his or her benefit year which
begin in an extended benefit period that is in effect in this
state and, if his or her benefit year ends within such extended benefit period, any weeks thereafter which begin in such
period.
(9) "Additional benefit eligibility period" of an individual means the period consisting of the weeks in his or her
benefit year which begin in an additional benefit period that
is in effect and, if his or her benefit year ends within such
additional benefit period, any weeks thereafter which begin
in such period.
(10) "Exhaustee" means an individual who, with respect
to any week of unemployment in his or her eligibility period:
(a) Has received, prior to such week, all of the regular
benefits that were payable to him or her under this title or
any other state law (including dependents’ allowances and
regular benefits payable to federal civilian employees and
ex-servicemen under 5 U.S.C. chapter 85) in his or her
current benefit year that includes such week; or
(b) Has received, prior to such week, all of the regular
benefits that were available to him or her under this title or
any other state law (including dependents’ allowances and
regular benefits available to federal civilian employees and
ex-servicemen under 5 U.S.C. chapter 85) in his or her
current benefit year that includes such week, after the
cancellation of some or all of his or her wage credits or the
total or partial reduction of his or her rights to regular
benefits: PROVIDED, That, for the purposes of (a) and (b),
an individual shall be deemed to have received in his or her
current benefit year all of the regular benefits that were
payable to him or her, or available to him or her, as the case
may be, even though:
(i) As a result of a pending appeal with respect to wages
or employment, or both, that were not included in the
original monetary determination with respect to his or her
current benefit year, he or she may subsequently be determined to be entitled to more regular benefits; or
(ii) By reason of the seasonal provisions of another state
law, he or she is not entitled to regular benefits with respect
[Title 50 RCW—page 42]
to such week of unemployment (although he or she may be
entitled to regular benefits with respect to future weeks of
unemployment in the next season, as the case may be, in his
or her current benefit year), and he or she is otherwise an
exhaustee within the meaning of this section with respect to
his or her right to regular benefits under such state law
seasonal provisions during the season or off season in which
that week of unemployment occurs; or
(iii) Having established a benefit year, no regular
benefits are payable to him or her during such year because
his or her wage credits were canceled or his or her right to
regular benefits was totally reduced as the result of the
application of a disqualification; or
(c) His or her benefit year having ended prior to such
week, he or she has insufficient wages or employment, or
both, on the basis of which he or she could establish in any
state a new benefit year that would include such week, or
having established a new benefit year that includes such
week, he or she is precluded from receiving regular benefits
by reason of the provision in RCW 50.04.030 which meets
the requirement of section 3304(a)(7) of the Federal Unemployment Tax Act, or the similar provision in any other state
law; and
(d)(i) Has no right for such week to unemployment
benefits or allowances, as the case may be, under the
Railroad Unemployment Insurance Act, the Trade Expansion
Act of 1962, and such other federal laws as are specified in
regulations issued by the United States secretary of labor;
and
(ii) Has not received and is not seeking for such week
unemployment benefits under the unemployment compensation law of Canada, unless the appropriate agency finally
determines that he or she is not entitled to unemployment
benefits under such law for such week.
(11) "State law" means the unemployment insurance law
of any state, approved by the United States secretary of labor
under section 3304 of the internal revenue code of 1954.
[1993 c 483 § 15; 1985 ex.s. c 5 § 10; 1983 c 1 § 1; 1982
1st ex.s. c 18 § 2; 1981 c 35 § 7; 1977 ex.s. c 292 § 11;
1973 c 73 § 7; 1971 c 1 § 2.]
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
Severability—Conflict with federal requirements—1982 1st ex.s.
c 18: See notes following RCW 50.12.200.
Severability—1981 c 35: See note following RCW 50.22.030.
Application—1977 ex.s. c 292 § 11: "The provisions of section 11
of this 1977 amendatory act shall apply to the week ending May 21, 1977,
and all weeks thereafter." [1977 ex.s. c 292 § 25.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
Effective dates—1973 c 73: See note following RCW 50.04.030.
Emergency—Effective date—1971 c 1: "This 1971 amendatory act
is necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect on the Sunday following the day on which the
governor signs this enactment [January 17, 1971]." [1971 c 1 § 11.]
Repealer—Effect as to benefits—1971 c 1: "Section 23, chapter 2,
Laws of 1970 ex. sess. and RCW 50.20.127 are each hereby repealed. No
benefits shall be paid pursuant to RCW 50.20.127 for weeks commencing
on or after the effective date of this 1971 amendatory act." [1971 c 1 § 10.]
(2002 Ed.)
Extended and Additional Benefits
50.22.020 Application of statute and rules—
Eligibility for extended benefits. When the result would
not be inconsistent with the other provisions of this chapter,
the provisions of this title and commissioner’s regulations
enacted pursuant thereto, which apply to claims for, or the
payment of, regular benefits, shall apply to claims for, and
the payment of, extended benefits: PROVIDED, That
(1) Payment of extended compensation under this
chapter shall not be made to any individual for any week of
unemployment in his or her eligibility period—
(a) During which he or she fails to accept any offer of
suitable work (as defined in subsection (3) of this section) or
fails to apply for any suitable work to which he or she was
referred by the employment security department; or
(b) During which he or she fails to actively engage in
seeking work.
(2) If any individual is ineligible for extended compensation for any week by reason of a failure described in
subsections (1)(a) or (1)(b) of this section, the individual
shall be ineligible to receive extended compensation for any
week which begins during a period which—
(a) Begins with the week following the week in which
such failure occurs; and
(b) Does not end until such individual has been employed during at least four weeks which begin after such
failure and the total of the remuneration earned by the
individual for being so employed is not less than the product
of four multiplied by the individual’s weekly benefit amount
(as determined under RCW 50.20.120) for his or her benefit
year.
(3) For purposes of this section, the term "suitable
work" means, with respect to any individual, any work
which is within such individual’s capabilities and which does
not involve conditions described in RCW 50.20.110:
PROVIDED, That if the individual furnishes evidence
satisfactory to the employment security department that such
individual’s prospects for obtaining work in his or her customary occupation within a reasonably short period are good,
the determination of whether any work is suitable work with
respect to such individual shall be made in accordance with
RCW 50.20.100.
(4) Extended compensation shall not be denied under
subsection (1)(a) of this section to any individual for any
week by reason of a failure to accept an offer of, or apply
for, suitable work if:
(a) The gross average weekly remuneration payable to
such individual for the position does not exceed the sum
of—
(i) The individual’s weekly benefit amount (as determined under RCW 50.20.120) for his or her benefit year;
plus
(ii) The amount (if any) of supplemental unemployment
compensation benefits (as defined in section 501(c)(17)(D)
of the Internal Revenue Code of 1954, 26 U.S.C. Sec.
501(c)(17)(D)), payable to such individual for such week;
(b) The position was not offered to such individual in
writing and was not listed with the employment security
department;
(c) Such failure would not result in a denial of compensation under the provisions of RCW 50.20.080 and 50.20.100
to the extent such provisions are not inconsistent with the
provisions of subsections (3) and (5) of this section; or
(2002 Ed.)
50.22.020
(d) The position pays wages less than the higher of—
(i) The minimum wage provided by section (6)(a)(1) of
the Fair Labor Standards Act of 1938, without regard to any
exemption; or
(ii) Any applicable state or local minimum wage.
(5) For purposes of this section, an individual shall be
treated as actively engaged in seeking work during any week
if:
(a) The individual has engaged in a systematic and
sustained effort to obtain work during such week; and
(b) The individual provides tangible evidence to the
employment security department that he or she has engaged
in such an effort during such week.
(6) The employment security department shall refer
applicants for benefits under this chapter to any suitable
work to which subsections (4)(a) through (4)(d) of this
section would not apply.
(7) No provisions of this title which terminates a
disqualification for voluntarily leaving employment, being
discharged for misconduct, or refusing suitable employment
shall apply for purposes of determining eligibility for
extended compensation unless such termination is based
upon employment subsequent to the date of such disqualification.
(8) The provisions of subsections (1) through (7) of this
section shall apply with respect to weeks of unemployment
beginning after March 31, 1981: PROVIDED HOWEVER,
That the provisions of subsections (1) through (7) of this
section shall not apply to those weeks of unemployment
beginning after March 6, 1993, and before January 1, 1995.
[1993 c 483 § 16; 1993 c 58 § 3; 1981 c 35 § 8; 1971 c 1
§ 3.]
Reviser’s note: This section was amended by 1993 c 58 § 3 and by
1993 c 483 § 16, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements—Severability—Effective date—
1993 c 58: See notes following RCW 50.04.165.
Construction—Effective dates—Severability—1981 c 35: See notes
following RCW 50.22.030.
50.22.030 Extended benefit eligibility conditions—
Interstate claim. (1) An individual shall be eligible to
receive extended benefits with respect to any week of
unemployment in his or her eligibility period only if the
commissioner finds with respect to such week that:
(a) The individual is an "exhaustee" as defined in RCW
50.22.010;
(b) He or she has satisfied the requirements of this title
for the receipt of regular benefits that are applicable to
individuals claiming extended benefits, including not being
subject to a disqualification for the receipt of benefits; and
(c) He or she has earned wages in the applicable base
year of at least:
(i) Forty times his or her weekly benefit amount; or
(ii) One and one-half times his or her insured wages in
the calendar quarter of the base period in which the insured
wages are the highest, for weeks of unemployment on or
after July 3, 1992.
[Title 50 RCW—page 43]
50.22.030
Title 50 RCW: Unemployment Compensation
(2) An individual filing an interstate claim in any state
under the interstate benefit payment plan shall not be eligible
to receive extended benefits for any week beyond the first
two weeks claimed for which extended benefits are payable
unless an extended benefit period embracing such week is
also in effect in the agent state. [1993 c 483 § 17; 1982 1st
ex.s. c 18 § 4; 1981 c 35 § 9; 1971 c 1 § 4.]
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
Effective dates—1982 1st ex.s. c 18: "Sections 2, 9[10], 10[11],
11[12], 16[17], and 17[18] of this act are necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect
immediately [April 2, 1982]. Section 4 of this act shall take effect on
September 26, 1982." [1982 1st ex.s. c 18 § 23.] The bracketed section
references in this section correct erroneous internal references which
occurred during the engrossing process after a new section was added by
amendment.
Severability—Conflict with federal requirements—1982 1st ex.s.
c 18: See notes following RCW 50.12.200.
Construction—1981 c 35 §§ 3, 5, 8, and 9: "Sections 3, 5, and 8 of
this 1981 amendatory act are being enacted to comply with the provisions
of Pub. L. 96-499. Ambiguities in those sections should be interpreted in
accordance with provisions of that federal law. Section 9 of this 1981
amendatory act is enacted pursuant to Pub. L. 96-364. Any ambiguities in
that section should be construed in accordance with that federal law." [1981
c 35 § 15.]
Effective dates—1981 c 35 §§ 1, 2, 3, 5, 8, 9, and 12: "Sections 1,
2, 3, 5, 8, and 12 of this amendatory act are necessary for the immediate
preservation of the public peace, health and safety, the support of the state
government and its existing public institutions and shall take effect
immediately [April 20, 1981]; section 9 of this amendatory act is necessary
for the immediate preservation of the public peace, health and safety, the
support of the state government and its existing public institutions and shall
take effect with weeks beginning on and after June 1, 1981." [1981 c 35
§ 16.]
Severability—1981 c 35: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 35 § 17.]
50.22.040 Weekly extended benefit amount. The
weekly extended benefit amount payable to an individual for
a week of total unemployment in his eligibility period shall
be an amount equal to the weekly benefit amount payable to
him during his applicable benefit year. However, for those
individuals whose eligibility period for extended benefits
commences with weeks beginning after October 1, 1983, the
weekly benefit amount, as computed in RCW 50.20.120(2)
and payable under this section, if not a multiple of one
dollar, shall be reduced to the next lower multiple of one
dollar. [1983 1st ex.s. c 23 § 13; 1971 c 1 § 5.]
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
50.22.050 Total extended benefit amount—
Reduction. (1) The total extended benefit amount payable
to any eligible individual with respect to his or her applicable benefit year shall be the least of the following amounts:
(a) Fifty percent of the total amount of regular benefits
which were payable to him or her under this title in his or
her applicable benefit year;
(b) Thirteen times his or her weekly benefit amount
which was payable to him or her under this title for a week
of total unemployment in the applicable benefit year; or
[Title 50 RCW—page 44]
(c) Thirty-nine times his or her weekly benefit amount
which was payable to him or her under this title for a week
of total unemployment in the applicable benefit year, reduced
by the total amount of regular benefits which were paid (or
deemed paid) to him or her under this title with respect to
the benefit year.
(2) Notwithstanding any other provision of this chapter,
if the benefit year of any eligible individual ends within an
extended benefit period, the extended benefits which the
individual would otherwise be entitled to receive with
respect to weeks of unemployment beginning after the end
of the benefit year and within the extended benefit period
shall be reduced (but not below zero) by the product of the
number of weeks for which the individual received any
amount as a trade readjustment allowance within that benefit
year, multiplied by the individual’s weekly extended benefit
amount.
(3) Effective for weeks beginning in a high unemployment period as defined in RCW 50.22.010(3) the total
extended benefit amount payable to any eligible individual
with respect to his or her applicable benefit year shall be the
least of the following amounts:
(a) Eighty percent of the total amount of regular benefits
that were payable to him or her under this title in his or her
applicable benefit year;
(b) Twenty times his or her weekly benefit amount that
was payable to him or her under this title for a week of total
unemployment in the applicable benefit year; or
(c) Forty-six times his or her weekly benefit amount that
was payable to him or her under this title for a week of total
unemployment in the applicable benefit year, reduced by the
total amount of regular benefits which were paid, or deemed
paid, to him or her under this title with respect to the benefit
year. [1993 c 483 § 18; 1982 1st ex.s. c 18 § 5; 1971 c 1
§ 6.]
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
Severability—Conflict with federal requirements—1982 1st ex.s.
c 18: See notes following RCW 50.12.200.
50.22.060 Public announcement when extended
benefit period becomes effective or is terminated—
Computations of rate of insured unemployment. (1)
Whenever an extended benefit period is to become effective
in this state (or in all states) as a result of an "on" indicator,
or an extended benefit period is to be terminated in this state
as a result of an "off" indicator, the commissioner shall
make an appropriate public announcement.
(2) Computations required by the provisions of RCW
50.22.010(4) shall be made by the commissioner, in accordance with regulations prescribed by the United States
secretary of labor. [1982 1st ex.s. c 18 § 3; 1971 c 1 § 7.]
Severability—Conflict with federal requirements—1982 1st ex.s.
c 18: See notes following RCW 50.12.200.
50.22.105 Supplemental additional benefits—
February 26, 1994, through December 31, 1995—
Eligibility. Supplemental additional benefits shall be
available to individuals who, under this chapter, had a
balance of extended benefits available after payments up to
and including the week ending February 26, 1994.
(2002 Ed.)
Extended and Additional Benefits
(1) Total supplemental additional benefits payable shall
be equal to the extended benefit balance remaining after
extended benefit payments for up to and including the week
ending February 26, 1994, and shall be paid at the same
weekly benefit amount.
(2) The week ending March 5, 1994, is the first week
for which supplemental additional benefits are payable.
(3) Supplemental additional benefits shall be paid under
the same terms and conditions as extended benefits.
(4) Supplemental additional benefits are not payable for
weeks more than one year beyond the end of the benefit year
of the regular claim.
(5) Weeks of supplemental additional benefits may not
be paid for weeks that begin after the start of a new extended benefit period, or any totally federally funded benefit
program with eligibility criteria and benefits comparable to
additional benefits.
(6) Weeks of supplemental additional benefits may not
be paid for weeks of unemployment beginning after December 31, 1995.
(7) The department shall seek federal funding to
reimburse the state for the supplemental additional benefits
paid under this section. Any federal funds received by the
state for reimbursement shall be deposited in the unemployment trust fund solely for the payment of benefits under this
title. [1994 c 3 § 3.]
Conflict with federal requirements—Severability—Effective
dates—1994 c 3: See notes following RCW 50.04.020.
50.22.130 Training benefits program—Intent. It is
the intent of the legislature that a training benefits program
be established to provide unemployment insurance benefits
to unemployed individuals who participate in training programs necessary for their reemployment.
The legislature further intends that this program serve
the following goals:
(1) Retraining should be available for those unemployed
individuals whose skills are no longer in demand;
(2) To be eligible for retraining, an individual must have
a long-term attachment to the labor force;
(3) Training must enhance the individual’s marketable
skills and earning power; and
(4) Retraining must be targeted to those industries or
skills that are in high demand within the labor market.
Individuals unemployed as a result of structural changes
in the economy and technological advances rendering their
skills obsolete must receive the highest priority for participation in this program. It is the further intent of the legislature
that individuals for whom suitable employment is available
are not eligible for additional benefits while participating in
training.
The legislature further intends that funding for this
program be limited by a specified maximum amount each
fiscal year. [2000 c 2 § 6.]
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
50.22.140 Employment security department authorized to pay training benefits—Expenditures. (1) The
employment security department is authorized to pay training
benefits under RCW 50.22.150, but may not obligate
(2002 Ed.)
50.22.105
expenditures beyond the limits specified in this section or as
otherwise set by the legislature. For the fiscal year ending
June 30, 2000, the commissioner may not obligate more than
twenty million dollars for training benefits. For the two
fiscal years ending June 30, 2002, the commissioner may not
obligate more than sixty million dollars for training benefits.
Any funds not obligated in one fiscal year may be carried
forward to the next fiscal year. For each fiscal year beginning after June 30, 2002, the commissioner may not obligate
more than twenty million dollars annually in addition to any
funds carried forward from previous fiscal years. The
department shall develop a process to ensure that expenditures do not exceed available funds and to prioritize access
to funds when again available.
(2) After June 30, 2002, in addition to the amounts that
may be obligated under subsection (1) of this section, the
commissioner may obligate up to thirty-four million dollars
for training benefits under RCW 50.22.150 for individuals in
the aerospace industry assigned the standard industrial
classification code "372" or the North American industry
classification system code "336411" whose claims are filed
before January 5, 2003. The funds provided in this subsection must be fully obligated for training benefits for these
individuals before the funds provided in subsection (1) of
this section may be obligated for training benefits for these
individuals. Any amount of the funds specified in this
subsection that is not obligated as permitted may not be
carried forward to any future period. [2002 c 149 § 1; 2000
2nd sp.s. c 1 § 916; 2000 c 2 § 7.]
Conflict with federal requirements—2002 c 149: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is inoperative solely to the extent of the
conflict, and the finding or determination does not affect the operation of
the remainder of this act. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal funds
by the state or the granting of federal unemployment tax credits to
employers in this state." [2002 c 149 § 15.]
Severability—2002 c 149: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2002 c 149 § 16.]
Severability—Effective date—2000 2nd sp.s. c 1: See notes
following RCW 41.05.143.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
50.22.150 Training benefits—Eligibility—
Payment—Local work force development council to identify declining and high demand occupations and skill
sets—Rules. (1) Subject to availability of funds, training
benefits are available for an individual who is eligible for or
has exhausted entitlement to unemployment compensation
benefits and who:
(a) Is a dislocated worker as defined in RCW 50.04.075;
(b) Except as provided under subsection (2) of this
section, has demonstrated, through a work history, sufficient
tenure in an occupation or in work with a particular skill set.
This screening will take place during the assessment process;
(c) Is, after assessment of demand for the individual’s
occupation or skills in the individual’s labor market, determined to need job-related training to find suitable employment in his or her labor market. Beginning July 1, 2001, the
[Title 50 RCW—page 45]
50.22.150
Title 50 RCW: Unemployment Compensation
assessment of demand for the individual’s occupation or skill
sets must be substantially based on declining occupation or
skill sets identified in local labor market areas by the local
work force development councils, in cooperation with the
employment security department and its labor market information division, under subsection (10) of this section;
(d) Develops an individual training program that is
submitted to the commissioner for approval within sixty days
after the individual is notified by the employment security
department of the requirements of this section;
(e) Enters the approved training program by ninety days
after the date of the notification, unless the employment
security department determines that the training is not
available during the ninety-day period, in which case the
individual enters training as soon as it is available; and
(f) Is enrolled in training approved under this section on
a full-time basis as determined by the educational institution,
and is making satisfactory progress in the training as
certified by the educational institution.
(2) Until June 30, 2002, the following individuals who
meet the requirements of subsection (1) of this section may,
without regard to the tenure requirements under subsection
(1)(b) of this section, receive training benefits as provided in
this section:
(a) An exhaustee who has base year employment in the
aerospace industry assigned the standard industrial classification code "372" or the North American industry classification system code "336411";
(b) An exhaustee who has base year employment in the
forest products industry, determined by the department, but
including the industries assigned the major group standard
industrial classification codes "24" and "26" or any equivalent codes in the North American industry classification
system code, and the industries involved in the harvesting
and management of logs, transportation of logs and wood
products, processing of wood products, and the manufacturing and distribution of wood processing and logging equipment; or
(c) An exhaustee who has base year employment in the
fishing industry assigned the standard industrial classification
code "0912" or any equivalent codes in the North American
industry classification system code.
(3) An individual is not eligible for training benefits
under this section if he or she:
(a) Is a standby claimant who expects recall to his or
her regular employer;
(b) Has a definite recall date that is within six months
of the date he or she is laid off; or
(c) Is unemployed due to a regular seasonal layoff
which demonstrates a pattern of unemployment consistent
with the provisions of RCW 50.20.015. Regular seasonal
layoff does not include layoff due to permanent structural
downsizing or structural changes in the individual’s labor
market.
(4) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Educational institution" means an institution of
higher education as defined in RCW 28B.10.016 or an
educational institution as defined in RCW 28C.04.410,
including equivalent educational institutions in other states.
(b) "Sufficient tenure" means earning a plurality of
wages in a particular occupation or using a particular skill
[Title 50 RCW—page 46]
set during the base year and at least two of the four twelvemonth periods immediately preceding the base year.
(c) "Training benefits" means additional benefits paid
under this section.
(d) "Training program" means:
(i) An education program determined to be necessary as
a prerequisite to vocational training after counseling at the
educational institution in which the individual enrolls under
his or her approved training program; or
(ii) A vocational training program at an educational
institution:
(A) That is targeted to training for a high demand
occupation. Beginning July 1, 2001, the assessment of high
demand occupations authorized for training under this
section must be substantially based on labor market and
employment information developed by local work force
development councils, in cooperation with the employment
security department and its labor market information division, under subsection (10) of this section;
(B) That is likely to enhance the individual’s marketable
skills and earning power; and
(C) That meets the criteria for performance developed
by the work force training and education coordinating board
for the purpose of determining those training programs
eligible for funding under Title I of P.L. 105-220.
"Training program" does not include any course of
education primarily intended to meet the requirements of a
baccalaureate or higher degree, unless the training meets
specific requirements for certification, licensing, or for
specific skills necessary for the occupation.
(5) Benefits shall be paid as follows:
(a)(i) Except as provided in (a)(iii) of this subsection,
for exhaustees who are eligible under subsection (1) of this
section, the total training benefit amount shall be fifty-two
times the individual’s weekly benefit amount, reduced by the
total amount of regular benefits and extended benefits paid,
or deemed paid, with respect to the benefit year; or
(ii) For exhaustees who are eligible under subsection (2)
of this section, for claims filed before June 30, 2002, the
total training benefit amount shall be seventy-four times the
individual’s weekly benefit amount, reduced by the total
amount of regular benefits and extended benefits paid, or
deemed paid, with respect to the benefit year; or
(iii) For exhaustees eligible under subsection (1) of this
section from industries listed under subsection (2)(a) of this
section, for claims filed on or after June 30, 2002, but before
January 5, 2003, the total training benefit amount shall be
seventy-four times the individual’s weekly benefit amount,
reduced by the total amount of regular benefits and extended
benefits paid, or deemed paid, with respect to the benefit
year.
(b) The weekly benefit amount shall be the same as the
regular weekly amount payable during the applicable benefit
year and shall be paid under the same terms and conditions
as regular benefits. The training benefits shall be paid
before any extended benefits but not before any similar
federally funded program.
(c) Training benefits are not payable for weeks more
than two years beyond the end of the benefit year of the
regular claim.
(6) The requirement under RCW 50.22.010(10) relating
to exhausting regular benefits does not apply to an individual
(2002 Ed.)
Extended and Additional Benefits
otherwise eligible for training benefits under this section
when the individual’s benefit year ends before his or her
training benefits are exhausted and the individual is eligible
for a new benefit year. These individuals will have the
option of remaining on the original claim or filing a new
claim.
(7)(a) Except as provided in (b) of this subsection,
individuals who receive training benefits under this section
or under any previous additional benefits program for
training are not eligible for training benefits under this section for five years from the last receipt of training benefits
under this section or under any previous additional benefits
program for training.
(b) With respect to claims that are filed before January
5, 2003, an individual in the aerospace industry assigned the
standard industrial code "372" or the North American
industry classification system code "336411" who received
training benefits under this section, and who had been
making satisfactory progress in a training program but did
not complete the program, is eligible, without regard to the
five-year limitation of this section and without regard to the
requirement of subsection (1)(b) of this section, if applicable,
to receive training benefits under this section in order to
complete that training program. The total training benefit
amount that applies to the individual is seventy-four times
the individual’s weekly benefit amount, reduced by the total
amount of regular benefits paid, or deemed paid, with
respect to the benefit year in which the training program
resumed and, if applicable, reduced by the amount of
training benefits paid, or deemed paid, with respect to the
benefit year in which the training program commenced.
(8) An individual eligible to receive a trade readjustment
allowance under chapter 2 of Title II of the Trade Act of
1974, as amended, shall not be eligible to receive benefits
under this section for each week the individual receives such
trade readjustment allowance. An individual eligible to
receive emergency unemployment compensation, so called,
under any federal law, shall not be eligible to receive
benefits under this section for each week the individual receives such compensation.
(9) All base year employers are interested parties to the
approval of training and the granting of training benefits.
(10) By July 1, 2001, each local work force development council, in cooperation with the employment security
department and its labor market information division, must
identify occupations and skill sets that are declining and
occupations and skill sets that are in high demand. For the
purposes of RCW 50.22.130 through 50.22.150 and section
9, chapter 2, Laws of 2000, "high demand" means demand
for employment that exceeds the supply of qualified workers
for occupations or skill sets in a labor market area. Local
work force development councils must use state and locally
developed labor market information. Thereafter, each local
work force development council shall update this information
annually or more frequently if needed.
(11) The commissioner shall adopt rules as necessary to
implement this section. [2002 c 149 § 2; 2000 c 2 § 8.]
Effective dates—2002 c 149 §§ 2 and 8: "(1) Section 2 of this act
is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and takes effect immediately [March 26, 2002].
(2002 Ed.)
50.22.150
(2) Section 8 of this act takes effect January 1, 2005." [2002 c 149
§ 19.]
Conflict with federal requirements—Severability—2002 c 149: See
notes following RCW 50.22.140.
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: "(1) Sections 1,
2, 4, 5, and 15 of this act apply to rate years beginning on or after January
1, 2000.
(2)(a) Except as provided under (b) of this subsection, sections 8 and
12 through 14 of this act apply beginning with weeks of unemployment that
begin on or after the Sunday following the day on which the governor signs
chapter 2, Laws of 2000 [February 13, 2000].
(b) For individuals eligible under section 8(2)(a) of this act who are
enrolled in a national reserve grant on February 7, 2000, section 8 of this
act applies beginning with weeks of unemployment that begin after the
termination of their needs-related payments under a national reserve grant."
[2000 c 2 § 16.]
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Chapter 50.24
CONTRIBUTIONS BY EMPLOYERS
Sections
50.24.010
50.24.014
50.24.015
50.24.020
50.24.030
50.24.040
50.24.050
50.24.060
50.24.070
50.24.080
50.24.090
50.24.100
50.24.110
50.24.115
50.24.120
50.24.125
50.24.130
50.24.140
50.24.150
50.24.160
50.24.170
50.24.180
50.24.190
50.24.200
50.24.210
Payment of contributions—Amount of wages subject to
tax—Wages paid by employers making payments in lieu
of contributions not remuneration.
Financing special unemployment assistance—Financing the
employment security department’s administrative
costs—Accounts—Contributions.
Wages—Deemed paid when contractually due.
Authority to compromise.
Contributions erroneously paid to United States or another
state.
Interest on delinquent contributions.
Lien for contributions generally.
Lien in event of insolvency or dissolution.
Order and notice of assessment.
Jeopardy assessment.
Distraint, seizure, and sale.
Distraint procedure.
Notice and order to withhold and deliver.
Warrant—Authorized—Filing—Lien—Enforcement.
Collection by civil action.
Collection by civil action—Collection of delinquent payments in lieu of contributions from political subdivisions
or instrumentalities thereof.
Contractor’s and principal’s liability for contributions—
Exceptions.
Collection remedies cumulative.
Contribution adjustments and refunds.
Election of coverage.
Joint accounts.
Injunction proceedings.
Limitation of actions.
Chargeoff of uncollectible accounts.
Contributions due and payable upon termination or disposal
of business—Successor liability.
50.24.010 Payment of contributions—Amount of
wages subject to tax—Wages paid by employers making
payments in lieu of contributions not remuneration. (1)
Contributions shall accrue and become payable by each
employer (except employers as described in RCW 50.44.010
who have properly elected to make payments in lieu of
contributions and those employers who are required to make
payments in lieu of contributions) for each calendar year in
which the employer is subject to this title at the rate established pursuant to chapter 50.29 RCW.
[Title 50 RCW—page 47]
50.24.010
Title 50 RCW: Unemployment Compensation
(2) In each rate year, the amount of wages subject to tax
for each individual shall be one hundred fifteen percent of
the amount of wages subject to tax for the previous year
rounded to the next lower one hundred dollars, except that:
(a) For employers assigned under RCW 50.29.025 to
rate class 1 through 18, the amount of wages subject to tax
in any rate year shall not exceed eighty percent of the
"average annual wage for contributions purposes" for the
second preceding calendar year rounded to the next lower
one hundred dollars.
(b) For employers assigned under RCW 50.29.025 to
rate class 19 through 20E, and contribution paying employers
not qualified to be in the array under RCW 50.29.025(6), the
amount of wages subject to tax:
(i) For rate year 2003, shall not exceed eighty-five
percent of the "average annual wage for contributions
purposes" for the second preceding calendar year rounded to
the next lower one hundred dollars.
(ii) For rate year 2004 and thereafter, shall not exceed
ninety percent of the "average annual wage for contributions
purposes" for the second preceding calendar year rounded to
the next lower one hundred dollars.
(3) In making computations under this section and RCW
50.29.010, wages paid based on services for employers
making payments in lieu of contributions shall not be
considered remuneration. Moneys paid from the fund, based
on services performed for employers who make payments in
lieu of contributions, which have not been reimbursed to the
fund as of any June 30 shall be deemed an asset of the
unemployment compensation fund, to the extent that such
moneys exceed the amount of payments in lieu of contributions which the commissioner has previously determined to
be uncollectible: PROVIDED, FURTHER, That the amount
attributable to employment with the state shall also include
interest as provided for in RCW 50.44.020.
(4)(a) Contributions shall become due and be paid by
each employer to the treasurer for the unemployment
compensation fund in accordance with such regulations as
the commissioner may prescribe, and shall not be deducted,
in whole or in part, from the remuneration of individuals in
employment of the employer. Any deduction in violation of
the provisions of this section shall be unlawful.
(b) In the payment of any contributions, a fractional part
of a cent shall be disregarded unless it amounts to one-half
cent or more, in which case it shall be increased to one cent.
[2002 c 149 § 5; 2000 c 2 § 2; 1984 c 205 § 2; 1977 ex.s.
c 33 § 9; 1971 c 3 § 13; 1970 ex.s. c 2 § 8; 1949 c 214 §
18; 1945 c 35 § 89; Rem. Supp. 1949 § 9998-227. Prior:
1943 c 127 § 5; 1941 c 253 § 5; 1939 c 214 § 5; 1937 c 162
§ 7.]
Application—2002 c 149 §§ 3 and 5-8: "(1) Section 3 of this act
applies beginning with claims that have an effective date on or after July 7,
2002.
(2) Sections 5 and 7 of this act apply to rate years beginning on or
after January 1, 2003.
(3) Section 6 of this act applies to benefits charged to the experience
rating accounts of employers for claims that have an effective date on or
after July 7, 2002.
(4) Section 8 of this act applies to rate years beginning on or after
January 1, 2005." [2002 c 149 § 17.]
Conflict with federal requirements—Severability—2002 c 149: See
notes following RCW 50.22.140.
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note
following RCW 50.22.150.
[Title 50 RCW—page 48]
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
Effective dates—Construction—1977 ex.s. c 33: See notes
following RCW 50.04.030.
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
50.24.014 Financing special unemployment assistance—Financing the employment security department’s
administrative costs—Accounts—Contributions. (1)(a) A
separate and identifiable account to provide for the financing
of special programs to assist the unemployed is established
in the administrative contingency fund. Contributions to this
account shall accrue and become payable by each employer,
except employers as described in RCW 50.44.010 and
50.44.030 who have properly elected to make payments in
lieu of contributions, taxable local government employers as
described in RCW 50.44.035, and those employers who are
required to make payments in lieu of contributions, at a
basic rate of two one-hundredths of one percent. The
amount of wages subject to tax shall be determined under
RCW 50.24.010.
(b) A separate and identifiable account is established in
the administrative contingency fund for financing the
employment security department’s administrative cost under
RCW 50.22.150, the costs under *RCW 50.22.150(9), and
the administrative cost under chapter 149, Laws of 2002.
Contributions to this account shall accrue and become
payable by each employer, except employers as described in
RCW 50.44.010 and 50.44.030 who have properly elected to
make payments in lieu of contributions, taxable local
government employers as described in RCW 50.44.035,
those employers who are required to make payments in lieu
of contributions, those employers described under RCW
50.29.025(6)(b), and those qualified employers assigned one
of the rate classes 20A through 20E under RCW 50.29.025,
at a basic rate of one one-hundredth of one percent. The
amount of wages subject to tax shall be determined under
RCW 50.24.010.
(c) For the first calendar quarter of 1994 only, the basic
two one-hundredths of one percent contribution payable
under (a) of this subsection shall be increased by onehundredth of one percent to a total rate of three one-hundredths of one percent. The proceeds of this incremental
one-hundredth of one percent shall be used solely for the
purposes described in section 22, chapter 483, Laws of 1993,
and for the purposes of conducting an evaluation of the call
center approach to unemployment insurance under section 5,
chapter 161, Laws of 1998. During the 1997-1999 fiscal
biennium, any surplus from contributions payable under this
subsection (c) may be deposited in the unemployment
compensation trust fund, used to support tax and wage
automated systems projects that simplify and streamline
employer reporting, or both.
(2)(a) Contributions under this section shall become due
and be paid by each employer under rules as the commissioner may prescribe, and shall not be deducted, in whole or
in part, from the remuneration of individuals in the employ
(2002 Ed.)
Contributions by Employers
of the employer. Any deduction in violation of this section
is unlawful.
(b) In the payment of any contributions under this
section, a fractional part of a cent shall be disregarded unless
it amounts to one-half cent or more, in which case it shall be
increased to one cent.
(3) If the commissioner determines that federal funding
has been increased to provide financing for the services
specified in chapter 50.62 RCW, the commissioner shall
direct that collection of contributions under this section be
terminated on the following January 1st. [2002 c 149 § 13;
2000 c 2 § 15. Prior: 1998 c 346 § 901; 1998 c 161 § 7;
1994 c 187 § 3; 1993 c 483 § 20; 1987 c 171 § 4; 1985
ex.s. c 5 § 8.]
*Reviser’s note: RCW 50.22.150 was amended by 2002 c 149 § 2,
changing subsection (9) to subsection (10).
Conflict with federal requirements—Severability—2002 c 149: See
notes following RCW 50.22.140.
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note
following RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Construction—1998 c 346: "This act shall not be construed as
affecting any right or cause of action asserted in Washington State
Legislature v. State of Washington (Thurston county superior court cause no.
98-2-00105-1)." [1998 c 346 § 912.]
Severability—1998 c 346: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1998 c 346 § 914.]
Effective date—1998 c 346: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 3, 1998]." [1998 c 346 § 915.]
Finding—Intent—1998 c 161: See note following RCW 50.20.140.
Conflict with federal requirements—1994 c 187: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements that are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1994 c 187 § 6.]
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements—Severability—1987 c 171: See
notes following RCW 50.62.010.
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
50.24.015 Wages—Deemed paid when contractually
due. For the purposes of liability for, collection of, and
assessment of contributions, wages shall be deemed paid
when such wages are contractually due but are unpaid
because of the refusal or inability of the employer to make
such payment. [1973 1st ex.s. c 158 § 19.]
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
50.24.020 Authority to compromise. The commissioner may compromise any claim for contributions, interest,
or penalties, and any amount owed by an individual because
of benefit overpayments, whether reduced to judgment or
(2002 Ed.)
50.24.014
otherwise, existing or arising under this title in any case
where collection of the full claim, in the case of contributions, interest, or penalties, would result in the insolvency of
the employing unit or individual from whom such contributions, interest, or penalties are claimed, and any case where
collection of the full amount of benefit overpayments made
to an individual, whether reduced to judgment or otherwise,
would be against equity and good conscience.
Whenever a compromise is made by the commissioner
in the case of a claim for contributions, interest, or penalties,
there shall be placed on file in the office of the unemployment compensation division a statement of the amount of
contributions, interest, and penalties imposed by law and
claimed due, a complete record of the compromise agreement and the amount actually paid in accordance with the
terms of the compromise agreement. Whenever a compromise is made by the commissioner in the case of a claim of
a benefit overpayment, whether reduced to judgment or
otherwise, there shall be placed on file in the office of the
unemployment compensation division a statement of the
amount of the benefit overpayment, attorneys’ fees and costs,
if any, a complete record of the compromise agreement and
the amount actually paid in accordance with the terms of the
compromise agreement.
If any such compromise is accepted by the commissioner, within such time as may be stated in the compromise or
agreed to, such compromise shall be final and conclusive
and except upon showing of fraud or malfeasance or
misrepresentation of a material fact the case shall not be
reopened as to the matters agreed upon. In any suit, action,
or proceeding, such agreement or any determination, collection, payment, adjustment, refund, or credit made in accordance therewith shall not be annulled, modified, set aside, or
disregarded. [1983 1st ex.s. c 23 § 14; 1955 c 286 § 5;
1945 c 35 § 90; Rem. Supp. 1945 § 9998-228.]
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective date—1955 c 286: "The provisions of section 5 of this act
shall not become effective until the 3rd day of July, 1955." [1955 c 286 §
17.]
50.24.030 Contributions erroneously paid to United
States or another state. Payments of contributions erroneously paid to an unemployment compensation fund of
another state or to the United States government which
should have been paid to this state and which thereafter shall
be refunded by such other state or the United States government and paid by the employer to this state, shall be deemed
to have been paid to this state and to have filed contribution
reports thereon at the date of payment to the United States
government or such other state. [1953 ex.s. c 8 § 15; 1949
c 214 § 19; 1945 c 35 § 91; Rem. Supp. 1949 § 9998-229.]
50.24.040 Interest on delinquent contributions. If
contributions are not paid on the date on which they are due
and payable as prescribed by the commissioner, the whole or
part thereof remaining unpaid shall bear interest at the rate
of one percent per month or fraction thereof from and after
such date until payment plus accrued interest is received by
him. The date as of which payment of contributions, if
mailed, is deemed to have been received may be determined
by such regulations as the commissioner may prescribe.
[Title 50 RCW—page 49]
50.24.040
Title 50 RCW: Unemployment Compensation
Interest collected pursuant to this section shall be paid into
the administrative contingency fund. Interest shall not
accrue on contributions from any estate in the hands of a
receiver, executor, administrator, trustee in bankruptcy,
common law assignee or other liquidating officer subsequent
to the date when such receiver, executor, administrator,
trustee in bankruptcy, common law assignee or other
liquidating officer qualifies as such, but contributions
accruing with respect to employment of persons by any
receiver, executor, administrator, trustee in bankruptcy,
common law assignee or other liquidating officer shall
become due and shall draw interest in the same manner as
contributions due from other employers. Where adequate
information has been furnished the department and the department has failed to act or has advised the employer of no
liability or inability to decide the issue, interest may be
waived. [1987 c 111 § 3; 1973 1st ex.s. c 158 § 8; 1953
ex.s. c 8 § 16; 1945 c 35 § 92; Rem. Supp. 1945 § 9998230. Prior: 1943 c 127 § 10; 1941 c 253 § 11.]
Conflict with federal requirements—Severability—Effective date—
1987 c 111: See notes following RCW 50.12.220.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
50.24.050 Lien for contributions generally. The
claim of the employment security department for any
contributions, interest, or penalties not paid when due, shall
be a lien prior to all other liens or claims and on a parity
with prior tax liens against all property and rights to property, whether real or personal, belonging to the employer. In
order to avail itself of the lien hereby created, the department shall file with any county auditor where property of the
employer is located a statement and claim of lien specifying
the amount of delinquent contributions, interest, and penalties claimed by the department. From the time of filing for
record, the amount required to be paid shall constitute a lien
upon all property and rights to property, whether real or personal, in the county, owned by the employer or acquired by
him. The lien shall not be valid against any purchaser,
holder of a security interest, mechanic’s lien, or judgment
lien creditor until notice thereof has been filed with the
county auditor. This lien shall be separate and apart from,
and in addition to, any other lien or claim created by, or
provided for in, this title. When any such notice of lien has
been so filed, the commissioner may release the same by
filing a certificate of release when it shall appear that the
amount of delinquent contributions, interest, and penalties
have been paid, or when such assurance of payment shall be
made as the commissioner may deem to be adequate. Fees
for filing and releasing the lien provided herein may be
charged to the employer and may be collected from the
employer utilizing the remedies provided in this title for the
collection of contributions. [1981 c 302 § 39; 1979 ex.s. c
190 § 2; 1973 1st ex.s. c 158 § 9; 1947 c 215 § 19; 1945 c
35 § 93; Rem. Supp. 1947 § 9998-231. Prior: 1943 c 127
§ 10; 1941 c 253 § 11; 1939 c 214 § 12; 1937 c 162 § 14.]
Severability—1981 c 302: See note following RCW 19.76.100.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
Penalties for late reports or contributions: RCW 50.12.220.
[Title 50 RCW—page 50]
50.24.060 Lien in event of insolvency or dissolution.
In the event of any distribution of an employer’s assets
pursuant to an order of any court, including any receivership,
probate, legal dissolution, or similar proceeding, or in case
of any assignment for the benefit of creditors, composition,
or similar proceeding, contributions, interest, or penalties
then or thereafter due shall be a lien upon all the assets of
such employer. Said lien will be prior to all other liens or
claims except prior tax liens, other liens provided by this
title, and claims for remuneration for services of not more
than two hundred and fifty dollars to each claimant earned
within six months of the commencement of the proceeding.
The mere existence of a condition of insolvency or the
institution of any judicial proceeding for legal dissolution or
of any proceeding for distribution of assets shall cause such
a lien to attach without action on behalf of the commissioner
or the state. In the event of an employer’s adjudication in
bankruptcy, judicially confirmed extension proposal, or
composition, under the federal bankruptcy act of 1898, as
amended, contributions, interest, or penalties then or thereafter due shall be entitled to such priority as provided in that
act, as amended. [1983 1st ex.s. c 23 § 15; 1945 c 35 § 94;
Rem. Supp. 1945 § 9998-232. Prior: 1943 c 127 § 10;
1941 c 253 § 11; 1939 c 214 § 12; 1937 c 162 § 14.]
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
50.24.070 Order and notice of assessment. At any
time after the commissioner shall find that any contributions,
interest, or penalties have become delinquent, the commissioner may issue an order and notice of assessment specifying the amount due, which order and notice of assessment
shall be served upon the delinquent employer in the manner
prescribed for the service of a summons in a civil action, or
by certified mail to the last known address of the employer
as shown by the records of the department. Failure of the
employer to receive such notice or order whether served or
mailed shall not release the employer from any tax, or any
interest or penalties thereon. [1987 c 111 § 4; 1979 ex.s. c
190 § 3; 1945 c 35 § 95; Rem. Supp. 1945 § 9998-233.
Prior: 1943 c 127 § 10; 1941 c 253 § 11.]
Conflict with federal requirements—Severability—Effective date—
1987 c 111: See notes following RCW 50.12.220.
Commencement of actions: Chapter 4.28 RCW.
50.24.080 Jeopardy assessment. If the commissioner
shall have reason to believe that an employer is insolvent or
if any reason exists why the collection of any contributions
accrued will be jeopardized by delaying collection, he may
make an immediate assessment thereof and may proceed to
enforce collection immediately, but interest and penalties
shall not begin to accrue upon any contributions until the
date when such contributions would normally have become
delinquent. [1979 ex.s. c 190 § 4; 1945 c 35 § 96; Rem.
Supp. 1945 § 9998-234. Prior: 1943 c 127 § 10; 1941 c
253 § 11.]
50.24.090 Distraint, seizure, and sale. If the amount
of contributions, interest, or penalties assessed by the
commissioner by order and notice of assessment provided in
this title is not paid within ten days after the service or
(2002 Ed.)
Contributions by Employers
mailing of the order and notice of assessment, the commissioner or his duly authorized representative may collect the
amount stated in said assessment by the distraint, seizure,
and sale of the property, goods, chattels, and effects of said
delinquent employer. There shall be exempt from distraint
and sale under this section such goods and property as are
exempt from execution under the laws of this state. [1979
ex.s. c 190 § 5; 1945 c 35 § 97; Rem. Supp. 1945 § 9998235. Prior: 1943 c 127 § 10; 1941 c 253 § 11.]
Executions: Chapter 6.17 RCW.
Personal exemptions, generally: Chapter 6.15 RCW.
50.24.100 Distraint procedure. The commissioner,
upon making a distraint, shall seize the property and shall
make an inventory of the property distrained, a copy of
which shall be mailed to the owner of such property or personally delivered to him, and shall specify the time and place
when said property shall be sold. A notice specifying the
property to be sold and the time and place of sale shall be
posted in at least two public places in the county wherein the
seizure has been made. The time of sale shall be not less
than ten nor more than twenty days from the date of posting
of such notices. Said sale may be adjourned from time to
time at the discretion of the commissioner, but not for a time
to exceed in all sixty days. Said sale shall be conducted by
the commissioner or his authorized representative who shall
proceed to sell such property by parcel or by lot at a public
auction, and who may set a minimum price to include the
expenses of making a levy and of advertising the sale, and
if the amount bid for such property at the sale is not equal
to the minimum price so fixed, the commissioner or his
representative may declare such property to be purchased by
the employment security department for such minimum
price. In such event the delinquent account shall be credited
with the amount for which the property has been sold. Property acquired by the employment security department as
herein prescribed may be sold by the commissioner or his
representative at public or private sale, and the amount
realized shall be placed in the unemployment compensation
trust fund.
In all cases of sale, as aforesaid, the commissioner shall
issue a bill of sale or a deed to the purchaser and said bill of
sale or deed shall be prima facie evidence of the right of the
commissioner to make such sale and conclusive evidence of
the regularity of his proceeding in making the sale, and shall
transfer to the purchaser all right, title, and interest of the
delinquent employer in said property. The proceeds of any
such sale, except in those cases wherein the property has
been acquired by the employment security department, shall
be first applied by the commissioner in satisfaction of the
delinquent account, and out of any sum received in excess
of the amount of delinquent contributions, interest, and
penalties the administration fund shall be reimbursed for the
costs of distraint and sale. Any excess which shall thereafter
remain in the hands of the commissioner shall be refunded
to the delinquent employer. Sums so refundable to a
delinquent employer may be subject to seizure or distraint in
the hands of the commissioner by any other taxing authority
of the state or its political subdivisions. [1979 ex.s. c 190 §
6; 1949 c 214 § 20; 1945 c 35 § 98; Rem. Supp. 1949 §
9998-236. Prior: 1943 c 127 § 10; 1941 c 253 § 11.]
(2002 Ed.)
50.24.090
50.24.110 Notice and order to withhold and deliver.
The commissioner is hereby authorized to issue to any
person, firm, corporation, political subdivision, or department
of the state, a notice and order to withhold and deliver
property of any kind whatsoever when the commissioner has
reason to believe that there is in the possession of such
person, firm, corporation, political subdivision, or department, property which is due, owing, or belonging to any
person, firm, or corporation upon whom the department has
served a benefit overpayment assessment or a notice and
order of assessment for unemployment compensation
contributions, interest, or penalties. The effect of a notice to
withhold and deliver shall be continuous from the date such
notice and order to withhold and deliver is first made until
the liability is satisfied or becomes unenforceable because of
a lapse of time.
The notice and order to withhold and deliver shall be
served by the sheriff or the sheriff’s deputy of the county
wherein the service is made, by certified mail, return receipt
requested, or by any duly authorized representative of the
commissioner. Any person, firm, corporation, political
subdivision, or department upon whom service has been
made is hereby required to answer the notice within twenty
days exclusive of the day of service, under oath and in
writing, and shall make true answers to the matters inquired
of in the notice.
In the event there is in the possession of any such
person, firm, corporation, political subdivision, or department, any property which may be subject to the claim of the
employment security department of the state, such property
shall be delivered forthwith to the commissioner or the
commissioner’s duly authorized representative upon demand
to be held in trust by the commissioner for application on
the indebtedness involved or for return, without interest, in
accordance with final determination of liability or
nonliability, or in the alternative, there shall be furnished a
good and sufficient bond satisfactory to the commissioner
conditioned upon final determination of liability.
Should any person, firm, or corporation fail to make
answer to an order to withhold and deliver within the time
prescribed herein, it shall be lawful for the court, after the
time to answer such order has expired, to render judgment
by default against such person, firm, or corporation for the
full amount claimed by the commissioner in the notice to
withhold and deliver, together with costs. [1990 c 245 § 6;
1987 c 111 § 5; 1979 ex.s. c 190 § 7; 1947 c 215 § 20;
1945 c 35 § 99; Rem. Supp. 1947 § 9998-237.]
Conflict with federal requirements—Effective dates—1990 c 245:
See notes following RCW 50.04.030.
Conflict with federal requirements—Severability—Effective date—
1987 c 111: See notes following RCW 50.12.220.
50.24.115 Warrant—Authorized—Filing—Lien—
Enforcement. Whenever any order and notice of assessment or jeopardy assessment shall have become final in
accordance with the provisions of this title the commissioner
may file with the clerk of any county within the state a
warrant in the amount of the notice of assessment plus
interest, penalties, and a filing fee under RCW
36.18.012(10). The clerk of the county wherein the warrant
is filed shall immediately designate a superior court cause
number for such warrant, and the clerk shall cause to be
[Title 50 RCW—page 51]
50.24.115
Title 50 RCW: Unemployment Compensation
entered in the judgment docket under the superior court
cause number assigned to the warrant, the name of the employer mentioned in the warrant, the amount of the tax,
interest, penalties, and filing fee and the date when such
warrant was filed. The aggregate amount of such warrant as
docketed shall become a lien upon the title to, and interest
in all real and personal property of the employer against
whom the warrant is issued, the same as a judgment in a
civil case duly docketed in the office of such clerk. Such
warrant so docketed shall be sufficient to support the
issuance of writs of execution and writs of garnishment in
favor of the state in the manner provided by law in the case
of civil judgment, wholly or partially unsatisfied. The clerk
of the court shall be entitled to a filing fee under RCW
36.18.012(10), which shall be added to the amount of the
warrant, and charged by the commissioner to the employer
or employing unit. A copy of the warrant shall be mailed to
the employer or employing unit by certified mail to his last
known address within five days of filing with the clerk.
[2001 c 146 § 8; 1983 1st ex.s. c 23 § 16; 1979 ex.s. c 190
§ 8; 1975 1st ex.s. c 228 § 15.]
collect contributions, interest, or penalties for which liability
has accrued under the employment security law of any other
state or of the federal government. [1979 ex.s. c 190 § 9;
1959 c 266 § 5; 1953 ex.s. c 8 § 17; 1945 c 35 § 100; Rem.
Supp. 1945 § 9998-238. Prior: 1943 c 127 § 10.]
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
50.24.120 Collection by civil action. (1) If after due
notice, any employer defaults in any payment of contributions, interest, or penalties, the amount due may be collected
by civil action in the name of the state, and the employer
adjudged in default shall pay the cost of such action. Any
lien created by this title may be foreclosed by decree of the
court in any such action. Civil actions brought under this
title to collect contributions, interest, or penalties from an
employer shall be heard by the court at the earliest possible
date and shall be entitled to preference upon the calendar of
the court over all other civil actions except petitions for judicial review under this title and cases arising under the
industrial insurance laws of this state.
(2) Any employing unit which is not a resident of this
state and which exercises the privilege of having one or
more individuals perform service for it within this state, and
any resident employing unit which exercises that privilege
and thereafter removes from this state, shall be deemed
thereby to appoint the secretary of state as its agent and
attorney for the acceptance of process in any action under
this title. In instituting such an action against any such
employing unit the commissioner shall cause such process or
notice to be filed with the secretary of state and such service
shall be sufficient service upon such employing unit, and
shall be of the same force and validity as if served upon it
personally within this state: PROVIDED, That the commissioner shall forthwith send notice of the service of such process or notice, together with a copy thereof, by registered
mail, return receipt requested, to such employing unit at its
last known address and such return receipt, the
commissioner’s affidavit of compliance with the provisions
of this section, and a copy of the notice of service shall be
appended to the original of the process filed in the court in
which such action is pending.
(3) The courts of this state shall in the manner provided
in subsections (1) and (2) of this section entertain actions to
[Title 50 RCW—page 52]
Civil procedure: Title 4 RCW.
Industrial insurance: Title 51 RCW.
50.24.125 Collection by civil action—Collection of
delinquent payments in lieu of contributions from
political subdivisions or instrumentalities thereof.
Delinquent payments in lieu of contributions due the
unemployment compensation fund and interest and penalties
may be recovered from any of the political subdivisions of
this state or any instrumentality of a political subdivision of
this state by civil action. The governor is authorized to
deduct the amount of delinquent payments in lieu of contributions and interest and penalties from any moneys payable
by the state to said political subdivisions or instrumentalities
and pay such moneys to the commissioner for deposit in the
appropriate account. [1979 ex.s. c 190 § 10; 1971 c 3 § 15.]
50.24.130 Contractor’s and principal’s liability for
contributions—Exceptions. No employing unit which
contracts with or has under it any contractor or subcontractor
who is an employer under the provisions of this title shall
make any payment or advance to, or secure any credit for,
such contractor or subcontractor or on account of any
contract or contracts to which said employing unit is a party
unless such contractor or subcontractor has paid contributions, due or to become due for wages paid or to be paid by
such contractor or subcontractor for personal services
performed pursuant to such contract or subcontract, or has
furnished a good and sufficient bond acceptable to the
commissioner for payment of contributions, interest, and
penalties. Failure to comply with the provisions of this
section shall render said employing unit directly liable for
such contributions, interest, and penalties and the commissioner shall have all of the remedies of collection against
said employing unit under the provisions of this title as
though the services in question were performed directly for
said employing unit.
For the purposes of this section, a contractor registered
under chapter 18.27 RCW or licensed under chapter 19.28
RCW shall not be responsible for any contributions for the
work of any subcontractor if:
(1) The subcontractor is currently engaging in a business
which is registered under chapter 18.27 RCW or licensed
under chapter 19.28 RCW;
(2) There is no other person, firm or corporation doing
the same work at the same time on the same project except
two or more persons, firms or corporations may contract and
do the same work at the same time on the same project if
each person, firm or corporation has employees;
(3) The subcontractor has a principal place of business
which would be eligible for a business deduction for internal
revenue service tax purposes other than that furnished by the
contractor for which the business has contracted to furnish
services;
(2002 Ed.)
Contributions by Employers
(4) The subcontractor maintains a separate set of books
or records that reflect all items of income and expenses of
the business; and
(5) The subcontractor has contracted to perform:
(a) The work of a contractor as defined in RCW
18.27.010; or
(b) The work of installing wires or equipment to convey
electric current or installing apparatus to be operated by such
current as it pertains to the electrical industry as described in
chapter 19.28 RCW. [1982 1st ex.s. c 18 § 15; 1979 ex.s.
c 190 § 11; 1973 1st ex.s. c 158 § 10; 1949 c 214 § 21;
1945 c 35 § 101; Rem. Supp. 1949 § 9998-239.]
Severability—Conflict with federal requirements—1982 1st ex.s.
c 18: See notes following RCW 50.12.200.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
Music or entertainment services purchasers, liability for unpaid contributions: RCW 50.04.148.
50.24.140 Collection remedies cumulative. Remedies given to the state under this title for the collection of
contributions, interest, or penalties shall be cumulative and
no action taken by the commissioner or his duly authorized
representative, the attorney general, or any other officer shall
be construed to be an election on the part of the state or any
of its officers to pursue any remedy to the exclusion of any
other. [1979 ex.s. c 190 § 12; 1945 c 35 § 102; Rem. Supp.
1945 § 9998-240. Prior: 1943 c 127 § 10.]
50.24.150 Contribution adjustments and refunds.
No later than three years after the date on which any
contributions, interest, or penalties have been paid, an
employer who has paid such contributions, interest, or
penalties may file with the commissioner a petition in
writing for an adjustment thereof in connection with subsequent contribution payments or for a refund thereof when
such adjustment cannot be made. If the commissioner upon
an ex parte consideration shall determine that such contributions, interest, penalties, or portion thereof were erroneously
collected, he shall allow such employer to make an adjustment thereof without interest in connection with subsequent
contribution payments by him, or if such adjustment cannot
be made, the commissioner shall refund said amount without
interest from the unemployment compensation fund:
PROVIDED, HOWEVER, That after June 20, 1953, that
refunds of interest on delinquent contributions or penalties
shall be paid from the administrative contingency fund upon
warrants issued by the treasurer under the direction of the
commissioner. For like cause and within the same period,
adjustment or refund may be made on the commissioner’s
own initiative. If the commissioner finds that upon ex parte
consideration he cannot readily determine that such adjustment or refund should be allowed, he shall deny such
application and notify the employer in writing. [1979 ex.s.
c 190 § 13; 1953 ex.s. c 8 § 19; 1945 c 35 § 103; Rem.
Supp. 1945 § 9998-241. Prior: 1943 c 127 § 10; 1941 c
253 § 11.]
50.24.160 Election of coverage. Any employing unit
for which services that do not constitute employment as
defined in this title are performed may file with the commis(2002 Ed.)
50.24.130
sioner a written election that all such services performed by
any distinct class or group of individuals or by all individuals in its employ in one or more distinct establishments or
places of business shall be deemed to constitute employment
for all the purposes of this title for not less than two calendar years. Upon the written approval of such election by the
commissioner, such services shall be deemed to constitute
employment subject to this title from and after the date
stated in such approval. Services covered pursuant to this
section shall cease to be deemed employment subject hereto
as of January 1st of any calendar year subsequent to such
two calendar years, only if the employing unit files with the
commissioner prior to the fifteenth day of January of such
year a written application for termination of coverage. [1977
ex.s. c 292 § 12; 1972 ex.s. c 35 § 1; 1971 c 3 § 14; 1959
c 266 § 6; 1951 c 265 § 8; 1951 c 215 § 9; 1945 c 35 §
104; Rem. Supp. 1945 § 9998-242.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
Severability—1951 c 265: See note following RCW 50.98.070.
Corporate officers, election of coverage: RCW 50.04.165.
50.24.170 Joint accounts. The commissioner shall
prescribe regulations for the establishment, maintenance, and
dissolution of joint accounts by two or more employers, and
shall, in accordance with such regulations and upon application by two or more employers to establish such account, or
to merge their several individual accounts in a joint account,
maintain such joint account as if it constituted a single
employer’s account. [1945 c 35 § 105; Rem. Supp. 1945 §
9998-243. Prior: 1941 c 253 § 5.]
50.24.180 Injunction proceedings. Any employer
who shall be delinquent in the payment of contributions,
interest, or penalties may be enjoined upon the suit of the
state of Washington from continuing in business in this state
or employing persons herein until the delinquent contributions, interest, and penalties shall have been paid, or until the
employer shall have furnished a good and sufficient bond in
a sum equal to double the amount of contributions, interest,
and penalties already delinquent, plus such further sum as
the court shall deem adequate to protect the department in
the collection of contributions, interest, and penalties which
will become due from such employer during the next
ensuing calendar year, said bond to be conditioned upon
payment of all contributions, interest, and penalties due and
owing within thirty days after the expiration of the next
ensuing calendar year or at such earlier date as the court
may fix.
Action pursuant to the provisions of this section may be
instituted in the superior court of any county of the state
wherein the employer resides, has its principal place of
business, or where it has anyone performing services for it,
whether or not such services constitute employment. [1979
ex.s. c 190 § 14; 1945 c 35 § 106; Rem. Supp. 1945 § 998244. Prior: 1943 c 127 § 10; 1941 c 253 § 11.]
50.24.190 Limitation of actions. The commissioner
shall commence action for the collection of contributions,
[Title 50 RCW—page 53]
50.24.190
Title 50 RCW: Unemployment Compensation
interest, penalties, and benefit overpayments imposed by this
title by assessment or suit within three years after a return is
filed or notice of benefit overpayment is served. No
proceedings for the collection of such amounts shall be
begun after the expiration of such period.
In case of a false or fraudulent return with intent to
evade contributions, interest, or penalties, or in the event of
a failure to file a return, the contributions, interest, and
penalties may be assessed or a proceeding in court for the
collection thereof may be begun at any time. [1979 ex.s. c
190 § 15; 1955 c 286 § 7. Prior: 1947 c 215 § 21, part;
1945 c 35 § 107, part; 1943 c 127 § 10, part; Rem. Supp.
1947 § 9998-245, part.]
50.24.200 Chargeoff of uncollectible accounts. The
commissioner may charge off as uncollectible and no longer
an asset of the unemployment compensation fund or the
administrative contingency fund, as the case may be, any delinquent contributions, interest, penalties, credits, or benefit
overpayments if the commissioner is satisfied that there are
no cost-effective means of collecting the contributions,
interest, penalties, credits, or benefit overpayments. [1989
c 78 § 1; 1979 ex.s. c 190 § 16; 1955 c 286 § 8. Prior:
1947 c 215 § 21, part; 1945 c 35 § 107, part; Rem. Supp.
1947 § 9998-245, part.]
50.24.210 Contributions due and payable upon
termination or disposal of business—Successor liability.
Whenever any employer quits business, or sells out, exchanges, or otherwise disposes of the employer’s business or
stock of goods, any contributions payable under this title
shall become immediately due and payable, and the employer shall, within ten days, make a return and pay the contributions due; and any person who becomes a successor to such
business shall become liable for the full amount of the
contributions and withhold from the purchase price a sum
sufficient to pay any contributions due from the employer
until such time as the employer produces a receipt from the
employment security department showing payment in full of
any contributions due or a certificate that no contribution is
due and, if such contribution is not paid by the employer
within ten days from the date of such sale, exchange, or
disposal, the successor shall become liable for the payment
of the full amount of contributions, and the payment thereof
by such successor shall, to the extent thereof, be deemed a
payment upon the purchase price, and if such payment is
greater in amount than the purchase price the amount of the
difference shall become a debt due such successor from the
employer.
No successor may be liable for any contributions due
from the person from whom that person has acquired a
business or stock of goods if that person gives written notice
to the employment security department of such acquisition
and no assessment is issued by the department within one
hundred eighty days of receipt of such notice against the
former operator of the business and a copy thereof mailed to
such successor. [1991 c 117 § 4.]
Conflict with federal requirements—Severability—Effective
dates—1991 c 117: See notes following RCW 50.04.030.
[Title 50 RCW—page 54]
Chapter 50.29
EMPLOYER EXPERIENCE RATING
Sections
50.29.010
50.29.020
50.29.025
50.29.026
50.29.027
50.29.030
50.29.045
50.29.055
50.29.062
50.29.065
50.29.070
50.29.080
Definitions.
Experience rating accounts—Benefits not charged.
Contribution rate.
Modification of contribution rate.
Benefit ratio computed for 1985 and thereafter.
"Wages" defined for purpose of prorating benefit charges.
Contribution rate—Insolvency surcharge.
Contribution rate—Equity surcharge—Exceptions—
Definitions.
Contribution rates for predecessor and successor employers.
Notice of benefits paid and charged to employer’s account.
Notice of employer benefit charges and rate of contribution—Review and appeal.
Redetermination and correction of employer’s contribution
rate.
50.29.010 Definitions. As used in this chapter:
(1) "Computation date" means July 1st of any year;
(2) "Cut-off date" means September 30th next following
the computation date;
(3) "Qualification date" means April 1st of the second
year preceding the computation date;
(4) "Rate year" means the calendar year immediately
following the computation date;
(5) "Payroll" means all wages (as defined for contribution purposes) paid by an employer to individuals in his or
her employment;
(6) "Qualified employer" means any employer who (a)
reported some employment in the twelve-month period
beginning with the qualification date, (b) had no period of
four or more consecutive calendar quarters for which he or
she reported no employment in the two calendar years
immediately preceding the computation date, and (c) has
submitted by the cut-off date all reports, contributions, interest, and penalties required under this title for the period
preceding the computation date. Unpaid contributions,
interest, and penalties may be disregarded for the purposes
of this section if they constitute less than either one hundred
dollars or one-half of one percent of the employer’s total tax
reported for the twelve-month period immediately preceding
the computation date. Late reports, contributions, penalties,
or interest from employment defined under RCW 50.04.160
may be disregarded for the purposes of this section if
showing is made to the satisfaction of the commissioner that
an otherwise qualified employer acted in good faith and that
forfeiture of qualification for a reduced contribution rate
because of such delinquency would be inequitable. [2002 c
149 § 11; 1987 c 213 § 2; 1986 c 111 § 1; 1984 c 205 § 3;
1983 1st ex.s. c 23 § 17; 1973 1st ex.s. c 158 § 11; 1971 c
3 § 16; 1970 ex.s. c 2 § 10.]
Conflict with federal requirements—Severability—2002 c 149: See
notes following RCW 50.22.140.
Construction—1987 c 213: "This act shall not be construed as
affecting any existing right acquired or liability or obligation incurred under
the sections amended or repealed in this act, or under any rule, regulation,
or order adopted under those sections, nor as affecting any proceeding
instituted thereunder." [1987 c 213 § 4.]
Conflict with federal requirements—1986 c 111: "If any part of
this act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
(2002 Ed.)
Employer Experience Rating
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements which are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1986 c 111 § 2.]
Severability—1986 c 111: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 111 § 4.]
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
Construction—Compliance with federal act—1971 c 3: See RCW
50.44.080.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
Wages defined for contribution purposes: RCW 50.04.320.
50.29.020 Experience rating accounts—Benefits not
charged. (1) An experience rating account shall be established and maintained for each employer, except employers
as described in RCW 50.44.010 and 50.44.030 who have
properly elected to make payments in lieu of contributions,
taxable local government employers as described in RCW
50.44.035, and those employers who are required to make
payments in lieu of contributions, based on existing records
of the employment security department. Benefits paid to any
eligible individuals shall be charged to the experience rating
accounts of each of such individual’s employers during the
individual’s base year in the same ratio that the wages paid
by each employer to the individual during the base year bear
to the wages paid by all employers to that individual during
that base year, except as otherwise provided in this section.
(2) The legislature finds that certain benefit payments,
in whole or in part, should not be charged to the experience
rating accounts of employers except those employers
described in RCW 50.44.010 and 50.44.030 who have
properly elected to make payments in lieu of contributions,
taxable local government employers described in RCW
50.44.035, and those employers who are required to make
payments in lieu of contributions, as follows:
(a) Benefits paid to any individuals later determined to
be ineligible shall not be charged to the experience rating
account of any contribution paying employer.
(b) Benefits paid to an individual filing under the
provisions of chapter 50.06 RCW shall not be charged to the
experience rating account of any contribution paying
employer only if:
(i) The individual files under RCW 50.06.020(1) after
receiving crime victims’ compensation for a disability
resulting from a nonwork-related occurrence; or
(ii) The individual files under RCW 50.06.020(2).
(c) Benefits paid which represent the state’s share of
benefits payable as extended benefits defined under RCW
50.22.010(6) shall not be charged to the experience rating
account of any contribution paying employer.
(d) In the case of individuals who requalify for benefits
under RCW 50.20.050 or 50.20.060, benefits based on wage
credits earned prior to the disqualifying separation shall not
be charged to the experience rating account of the contribution paying employer from whom that separation took place.
(2002 Ed.)
50.29.010
(e) Individuals who qualify for benefits under RCW
50.20.050(2)(d) shall not have their benefits charged to the
experience rating account of any contribution paying
employer.
(f) In the case of individuals identified under RCW
50.20.015, benefits paid with respect to a calendar quarter,
which exceed the total amount of wages earned in the state
of Washington in the higher of two corresponding calendar
quarters included within the individual’s determination
period, as defined in RCW 50.20.015, shall not be charged
to the experience rating account of any contribution paying
employer.
(3)(a) A contribution-paying base year employer, not
otherwise eligible for relief of charges for benefits under this
section, may receive such relief if the benefit charges result
from payment to an individual who:
(i) Last left the employ of such employer voluntarily for
reasons not attributable to the employer;
(ii) Was discharged for misconduct connected with his
or her work not a result of inability to meet the minimum
job requirements;
(iii) Is unemployed as a result of closure or severe
curtailment of operation at the employer’s plant, building,
work site, or other facility. This closure must be for reasons
directly attributable to a catastrophic occurrence such as fire,
flood, or other natural disaster; or
(iv) Continues to be employed on a regularly scheduled
permanent part-time basis by a base year employer and who
at some time during the base year was concurrently employed and subsequently separated from at least one other
base year employer. Benefit charge relief ceases when the
employment relationship between the employer requesting
relief and the claimant is terminated. This subsection does
not apply to shared work employers under chapter 50.60
RCW.
(b) The employer requesting relief of charges under this
subsection must request relief in writing within thirty days
following mailing to the last known address of the notification of the valid initial determination of such claim, stating
the date and reason for the separation or the circumstances
of continued employment. The commissioner, upon investigation of the request, shall determine whether relief should
be granted. [2002 c 149 § 6; 2002 c 8 § 4; 2000 c 2 § 3;
1995 c 57 § 3; 1993 c 483 § 19; 1991 c 129 § 1; 1988 c 27
§ 1. Prior: 1987 c 213 § 3; 1987 c 2 § 2; prior: 1985 c
299 § 1; 1985 c 270 § 2; 1985 c 42 § 1; 1984 c 205 § 7;
1975 1st ex.s. c 228 § 6; 1970 ex.s. c 2 § 11.]
Reviser’s note: This section was amended by 2002 c 8 § 4 and by
2002 c 149 § 6, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Conflict with federal requirements—Severability—2002 c 149: See
notes following RCW 50.22.140.
Application—2002 c 149 §§ 3 and 5-8: See note following RCW
50.24.010.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Application—1995 c 57: "This act applies only to benefit charges
attributable to new claims effective after July 1, 1995." [1995 c 57 § 4.]
Effective date—1995 c 57: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 17, 1995]." [1995 c 57 § 5.]
[Title 50 RCW—page 55]
50.29.020
Title 50 RCW: Unemployment Compensation
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements—1988 c 27: "If any part of this
act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state, the
conflicting part of this act is hereby declared to be inoperative solely to the
extent of the conflict, and such finding or determination shall not affect the
operation of the remainder of this act. The rules under this act shall meet
federal requirements which are a necessary condition to the receipt of
federal funds by the state." [1988 c 27 § 2.]
Construction—1987 c 213: See note following RCW 50.29.010.
Applicability—Effective date—Severability—1987 c 2: See notes
following RCW 50.20.090.
Conflict with federal requirements—1985 c 42: "If any part of this
act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements which are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1985 c 42 § 2.]
Severability—1985 c 42: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 42 § 3.]
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
"Determination period" defined: RCW 50.20.015.
50.29.025 Contribution rate. (Expires January 1,
2005.) The contribution rate for each employer subject to
contributions under RCW 50.24.010 shall be determined
under this section.
(1) A fund balance ratio shall be determined by dividing
the balance in the unemployment compensation fund as of
the September 30th immediately preceding the rate year by
the total remuneration paid by all employers subject to
contributions during the second calendar year preceding the
rate year and reported to the department by the following
March 31st. The division shall be carried to the fourth
decimal place with the remaining fraction, if any, disregarded. The fund balance ratio shall be expressed as a percentage.
(2) The interval of the fund balance ratio, expressed as
a percentage, shall determine which tax schedule in subsection (5) of this section shall be in effect for assigning tax
rates for the rate year, except that during rate year 2004 tax
schedule C shall be in effect unless a lower tax schedule is
determined to be in effect by the interval of the fund balance
ratio. The intervals for determining the effective tax
schedule shall be:
Interval of the
Fund Balance Ratio
Expressed as a Percentage
2.90
2.10
1.70
1.40
and above
to 2.89
to 2.09
to 1.69
[Title 50 RCW—page 56]
Effective
Tax Schedule
AA
A
B
C
1.00 to 1.39
0.70 to 0.99
Less than 0.70
D
E
F
(3) An array shall be prepared, listing all qualified employers in ascending order of their benefit ratios. The array
shall show for each qualified employer: (a) Identification
number; (b) benefit ratio; (c) taxable payrolls for the four
calendar quarters immediately preceding the computation
date and reported to the department by the cut-off date; (d)
a cumulative total of taxable payrolls consisting of the
employer’s taxable payroll plus the taxable payrolls of all
other employers preceding him or her in the array; and (e)
the percentage equivalent of the cumulative total of taxable
payrolls.
(4) Each employer in the array shall be assigned to one
of twenty rate classes according to the percentage intervals
of cumulative taxable payrolls set forth in subsection (5) of
this section: PROVIDED, That if an employer’s taxable
payroll falls within two or more rate classes, the employer
and any other employer with the same benefit ratio shall be
assigned to the lowest rate class which includes any portion
of the employer’s taxable payroll.
(5)(a) Except as provided in RCW 50.29.026, 50.29.045,
and 50.29.055, the contribution rate for each employer in the
array shall be the rate specified in the following tables for
the rate class to which he or she has been assigned, as
determined under subsection (4) of this section, within the
tax schedule which is to be in effect during the rate year:
Percent of
Cumulative
Taxable Payrolls
From
To
0.00
5.01
10.01
15.01
20.01
25.01
30.01
35.01
40.01
45.01
50.01
55.01
60.01
65.01
70.01
75.01
80.01
85.01
90.01
95.01
5.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
55.00
60.00
65.00
70.00
75.00
80.00
85.00
90.00
95.00
100.00
Rate
Class
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
20A
20B
20C
20D
20E
Schedules of Contributions Rates
for Effective Tax Schedule
B
C
D
E
F
0.47
0.47
0.57
0.57
0.72
0.91
1.00
1.19
1.37
1.56
1.84
2.03
2.22
2.40
2.68
2.87
3.27
3.67
4.10
AA
0.47
0.47
0.57
0.73
0.92
1.11
1.29
1.48
1.67
1.86
2.14
2.33
2.52
2.71
2.90
3.09
3.47
3.87
4.30
A
0.62
0.82
1.02
1.16
1.30
1.49
1.69
1.88
2.07
2.26
2.45
2.64
2.83
3.02
3.21
3.42
3.77
4.17
4.60
1.02
1.22
1.42
1.56
1.70
1.89
2.08
2.27
2.47
2.66
2.85
3.04
3.23
3.43
3.62
3.81
4.17
4.57
5.00
1.47
1.67
1.77
1.90
2.09
2.29
2.48
2.67
2.87
3.06
3.25
3.44
3.64
3.83
4.02
4.22
4.57
4.87
5.10
1.87
2.07
2.27
2.40
2.59
2.69
2.88
3.07
3.27
3.46
3.66
3.85
4.04
4.24
4.43
4.53
4.87
4.97
5.20
2.47
2.67
2.87
2.98
3.08
3.18
3.27
3.47
3.66
3.86
3.95
4.15
4.34
4.54
4.63
4.73
4.97
5.17
5.40
5.40
5.40
5.50
5.60
5.70
5.40
5.45
5.55
5.65
5.75
5.40
5.50
5.60
5.70
5.80
5.40
5.55
5.65
5.75
5.85
5.40
5.60
5.70
5.80
5.90
5.55
5.65
5.75
5.85
5.95
5.60
5.70
5.80
5.90
6.00
(b) Employers assigned to rate class 20 shall be assigned to one of the rate classes 20A through E as follows:
(i) Employers with a benefit ratio of less than 0.054000
shall be assigned to rate class 20A;
(ii) Employers with a benefit ratio of at least 0.054000
but less than 0.063000 shall be assigned to rate class 20B;
(2002 Ed.)
Employer Experience Rating
50.29.025
(iii) Employers with a benefit ratio of at least 0.063000
but less than 0.068000 shall be assigned to rate class 20C;
(iv) Employers with a benefit ratio of at least 0.068000
but less than 0.075000 shall be assigned to rate class 20D;
and
(v) Employers with a benefit ratio of 0.075000 or higher
shall be assigned to rate class 20E.
(c) The maximum contribution rate for employers whose
standard industrial classification code is within major group
"01," "02," or "07," or is code "5148," or the equivalent code
in the North American industry classification system code,
may not exceed the rate in rate class 20A for the applicable
rate year.
(6) Except as provided in RCW 50.29.045 and
50.29.055, the contribution rate for each employer not
qualified to be in the array shall be as follows:
(a) Employers who do not meet the definition of
"qualified employer" by reason of failure to pay contributions when due shall be assigned a contribution rate twotenths higher than that in rate class 20E for the applicable
rate year, except employers who have an approved agencydeferred payment contract by September 30 of the previous
rate year. If any employer with an approved agencydeferred payment contract fails to make any one of the
succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the
employer’s tax rate shall immediately revert to a contribution
rate two-tenths higher than that in rate class 20E for the
applicable rate year; and
(b) For all other employers not qualified to be in the
array, the contribution rate shall be a rate equal to the
average industry rate as determined by the commissioner;
however, the rate may not be less than one percent. Assignment of employers by the commissioner to industrial
classification, for purposes of this section, shall be in
accordance with established classification practices found in
the "Standard Industrial Classification Manual" issued by the
federal office of management and budget to the third digit
provided in the standard industrial classification code, or in
the North American industry classification system code.
[2002 c 149 § 7; 2000 c 2 § 4; 1995 c 4 § 2; (1995 c 4 § 1
expired January 1, 1998). Prior: 1993 c 483 § 21; 1993 c
226 § 14; 1993 c 226 § 13; 1990 c 245 § 7; 1989 c 380 §
79; 1987 c 171 § 3; 1985 ex.s. c 5 § 7; 1984 c 205 § 5.]
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
Elevation of employer contribution rates—Report by commissioner—1993 c 226: "Prior to any increase in the employer tax schedule as
provided in section 13, chapter 226, Laws of 1993, the commissioner shall
provide a report to the appropriate committees of the legislature specifying
to what extent the work force training expenditures in chapter 226, Laws of
1993 elevated employer contribution rates for the effective tax schedule."
[1993 c 226 § 16.]
Effective dates—1993 c 226 §§ 10, 12, and 14: See note following
RCW 50.16.010.
Conflict with federal requirements—Severability—Application—
1993 c 226: See notes following RCW 50.16.010.
Conflict with federal requirements—Effective dates—1990 c 245:
See notes following RCW 50.04.030.
Effective date—1989 c 380 §§ 78-81: See note following RCW
50.04.150.
Conflict with federal requirements—1989 c 380: See note
following RCW 50.04.150.
Severability—1989 c 380: See RCW 15.58.942.
Conflict with federal requirements—Severability—1987 c 171: See
notes following RCW 50.62.010.
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
Expiration dates—2002 c 149 §§ 3, 7, and 9: See note following
RCW 50.20.125.
Conflict with federal requirements—Severability—2002 c 149: See
notes following RCW 50.22.140.
Application—2002 c 149 §§ 3 and 5-8: See note following RCW
50.24.010.
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note
following RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Effective dates—1995 c 4: "(1) Section 1 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately [March 16, 1995].
(2) Section 2 of this act shall take effect January 1, 1998." [1995 c
4 § 4.]
Expiration date—1995 c 4 § 1: "Section 1 of this act shall expire
January 1, 1998." [1995 c 4 § 5.]
Interval of the
Fund Balance Ratio
Expressed as a Percentage
(2002 Ed.)
50.29.025 Contribution rate. (Effective January 1,
2005.) The contribution rate for each employer subject to
contributions under RCW 50.24.010 shall be determined
under this section.
(1) A fund balance ratio shall be determined by dividing
the balance in the unemployment compensation fund as of
the September 30th immediately preceding the rate year by
the total remuneration paid by all employers subject to
contributions during the second calendar year preceding the
rate year and reported to the department by the following
March 31st. The division shall be carried to the fourth
decimal place with the remaining fraction, if any, disregarded. The fund balance ratio shall be expressed as a percentage.
(2) The interval of the fund balance ratio, expressed as
a percentage, shall determine which tax schedule in subsection (5) of this section shall be in effect for assigning tax
rates for the rate year. The intervals for determining the
effective tax schedule shall be:
2.90 and above
2.10 to 2.89
1.70 to 2.09
1.40 to 1.69
1.00 to 1.39
0.70 to 0.99
Less than 0.70
Effective
Tax Schedule
AA
A
B
C
D
E
F
(3) An array shall be prepared, listing all qualified
employers in ascending order of their benefit ratios. The
array shall show for each qualified employer: (a) Identification number; (b) benefit ratio; (c) taxable payrolls for
the four calendar quarters immediately preceding the
computation date and reported to the department by the cut[Title 50 RCW—page 57]
50.29.025
Title 50 RCW: Unemployment Compensation
off date; (d) a cumulative total of taxable payrolls consisting
of the employer’s taxable payroll plus the taxable payrolls of
all other employers preceding him or her in the array; and
(e) the percentage equivalent of the cumulative total of
taxable payrolls.
(4) Each employer in the array shall be assigned to one
of twenty rate classes according to the percentage intervals
of cumulative taxable payrolls set forth in subsection (5) of
this section: PROVIDED, That if an employer’s taxable
payroll falls within two or more rate classes, the employer
and any other employer with the same benefit ratio shall be
assigned to the lowest rate class which includes any portion
of the employer’s taxable payroll.
(5)(a) Except as provided in RCW 50.29.026, 50.29.045,
and 50.29.055, the contribution rate for each employer in the
array shall be the rate specified in the following tables for
the rate class to which he or she has been assigned, as
determined under subsection (4) of this section, within the
tax schedule which is to be in effect during the rate year:
Percent of
Cumulative
Taxable Payrolls
From
To
0.00
5.01
10.01
15.01
20.01
25.01
30.01
35.01
40.01
45.01
50.01
55.01
60.01
65.01
70.01
75.01
80.01
85.01
90.01
95.01
5.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
55.00
60.00
65.00
70.00
75.00
80.00
85.00
90.00
95.00
100.00
Schedules of Contributions Rates
for Effective Tax Schedule
Rate
Class
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
20A
20B
20C
20D
20E
B
C
D
E
F
0.47
0.47
0.57
0.57
0.72
0.91
1.00
1.19
1.37
1.56
1.84
2.03
2.22
2.40
2.64
2.81
3.27
3.67
4.10
AA
0.47
0.47
0.57
0.73
0.92
1.03
1.17
1.35
1.52
1.69
1.95
2.12
2.29
2.47
2.68
2.87
3.30
3.87
4.30
A
0.62
0.82
1.02
1.14
1.30
1.44
1.61
1.79
1.97
2.15
2.33
2.51
2.69
2.87
3.05
3.25
3.58
4.17
4.60
1.02
1.22
1.42
1.54
1.70
1.89
2.08
2.27
2.47
2.66
2.85
3.04
3.23
3.43
3.62
3.81
4.17
4.57
5.00
1.47
1.67
1.77
1.90
2.09
2.29
2.48
2.67
2.87
3.06
3.25
3.44
3.64
3.83
4.02
4.22
4.57
4.87
5.10
1.87
2.07
2.27
2.40
2.59
2.69
2.88
3.07
3.27
3.46
3.66
3.85
4.04
4.24
4.43
4.53
4.87
4.97
5.20
2.47
2.67
2.87
2.98
3.08
3.18
3.27
3.47
3.66
3.86
3.95
4.15
4.34
4.54
4.63
4.73
4.97
5.17
5.40
5.40
5.40
5.50
5.60
5.70
5.40
5.45
5.55
5.65
5.75
5.40
5.50
5.60
5.70
5.80
5.40
5.55
5.65
5.75
5.85
5.40
5.60
5.70
5.80
5.90
5.55
5.65
5.75
5.85
5.95
5.60
5.70
5.80
5.90
6.00
(b) Employers assigned to rate class 20 shall be assigned to one of the rate classes 20A through E as follows:
(i) Employers with a benefit ratio of less than 0.054000
shall be assigned to rate class 20A;
(ii) Employers with a benefit ratio of at least 0.054000
but less than 0.063000 shall be assigned to rate class 20B;
(iii) Employers with a benefit ratio of at least 0.063000
but less than 0.068000 shall be assigned to rate class 20C;
(iv) Employers with a benefit ratio of at least 0.068000
but less than 0.075000 shall be assigned to rate class 20D;
and
(v) Employers with a benefit ratio of 0.075000 or higher
shall be assigned to rate class 20E.
(c) The maximum contribution rate for employers whose
standard industrial classification code is within major group
"01," "02," or "07," or is code "5148," or the equivalent code
[Title 50 RCW—page 58]
in the North American industry classification system code,
may not exceed the rate in rate class 20A for the applicable
rate year.
(6) Except as provided in RCW 50.29.045 and
50.29.055, the contribution rate for each employer not
qualified to be in the array shall be as follows:
(a) Employers who do not meet the definition of
"qualified employer" by reason of failure to pay contributions when due shall be assigned a contribution rate twotenths higher than that in rate class 20E for the applicable
rate year, except employers who have an approved agencydeferred payment contract by September 30 of the previous
rate year. If any employer with an approved agencydeferred payment contract fails to make any one of the
succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the
employer’s tax rate shall immediately revert to a contribution
rate two-tenths higher than that in rate class 20E for the
applicable rate year; and
(b) For all other employers not qualified to be in the
array, the contribution rate shall be a rate equal to the
average industry rate as determined by the commissioner;
however, the rate may not be less than one percent. Assignment of employers by the commissioner to industrial
classification, for purposes of this section, shall be in
accordance with established classification practices found in
the "Standard Industrial Classification Manual" issued by the
federal office of management and budget to the third digit
provided in the standard industrial classification code, or in
the North American industry classification system code.
[2002 c 149 § 8; 2000 c 2 § 4; 1995 c 4 § 2; (1995 c 4 § 1
expired January 1, 1998). Prior: 1993 c 483 § 21; 1993 c
226 § 14; 1993 c 226 § 13; 1990 c 245 § 7; 1989 c 380 §
79; 1987 c 171 § 3; 1985 ex.s. c 5 § 7; 1984 c 205 § 5.]
Effective dates—2002 c 149 §§ 2 and 8: See note following RCW
50.22.150.
Conflict with federal requirements—Severability—2002 c 149: See
notes following RCW 50.22.140.
Application—2002 c 149 §§ 3 and 5-8: See note following RCW
50.24.010.
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note
following RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Effective dates—1995 c 4: "(1) Section 1 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately [March 16, 1995].
(2) Section 2 of this act shall take effect January 1, 1998." [1995 c
4 § 4.]
Expiration date—1995 c 4 § 1: "Section 1 of this act shall expire
January 1, 1998." [1995 c 4 § 5.]
Effective dates, applicability—Conflict with federal requirements—
Severability—1993 c 483: See notes following RCW 50.04.293.
Elevation of employer contribution rates—Report by commissioner—1993 c 226: "Prior to any increase in the employer tax schedule as
provided in section 13, chapter 226, Laws of 1993, the commissioner shall
provide a report to the appropriate committees of the legislature specifying
to what extent the work force training expenditures in chapter 226, Laws of
1993 elevated employer contribution rates for the effective tax schedule."
[1993 c 226 § 16.]
Effective dates—1993 c 226 §§ 10, 12, and 14: See note following
RCW 50.16.010.
Conflict with federal requirements—Severability—Application—
1993 c 226: See notes following RCW 50.16.010.
(2002 Ed.)
Employer Experience Rating
Conflict with federal requirements—Effective dates—1990 c 245:
See notes following RCW 50.04.030.
Effective date—1989 c 380 §§ 78-81: See note following RCW
50.04.150.
Conflict with federal requirements—1989 c 380: See note
following RCW 50.04.150.
Severability—1989 c 380: See RCW 15.58.942.
Conflict with federal requirements—Severability—1987 c 171: See
notes following RCW 50.62.010.
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
50.29.026 Modification of contribution rate. (1)
Beginning with contributions assessed for rate year 1996, a
qualified employer’s contribution rate determined under
RCW 50.29.025 may be modified as follows:
(a) Subject to the limitations of this subsection, an
employer may make a voluntary contribution of an amount
equal to part or all of the benefits charged to the employer’s
account during the two years most recently ended on June
30th that were used for the purpose of computing the
employer’s contribution rate. On receiving timely payment
of a voluntary contribution, plus a surcharge of ten percent
of the amount of the voluntary contribution, the commissioner shall cancel the benefits equal to the amount of the
voluntary contribution, excluding the surcharge, and compute
a new benefit ratio for the employer. The employer shall
then be assigned the contribution rate applicable to the rate
class within which the recomputed benefit ratio is included.
The minimum amount of a voluntary contribution, excluding
the surcharge, must be an amount that will result in a
recomputed benefit ratio that is in a rate class at least two
rate classes lower than the rate class that included the
employer’s original benefit ratio.
(b) Payment of a voluntary contribution is considered
timely if received by the department during the period
beginning on the date of mailing to the employer the notice
of contribution rate required under this title for the rate year
for which the employer is seeking a modification of his or
her contribution rate and ending on February 15th of that
rate year or, for voluntary contributions for rate year 2000,
ending on March 31, 2000.
(c) A benefit ratio may not be recomputed nor a
contribution rate be reduced under this section as a result of
a voluntary contribution received after the payment period
prescribed in (b) of this subsection.
(2) This section does not apply to any employer who
has not had an increase of at least six rate classes from the
previous tax rate year. [2000 c 2 § 5; 1995 c 322 § 1.]
Application—2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note
following RCW 50.22.150.
Conflict with federal requirements—Severability—Effective date—
2000 c 2: See notes following RCW 50.04.355.
Conflict with federal requirements—1995 c 322: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements that are a necessary condition to the receipt of
(2002 Ed.)
50.29.025
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1995 c 322 § 2.]
50.29.027 Benefit ratio computed for 1985 and
thereafter. For the rate year 1985 and each rate year
thereafter, a benefit ratio shall be computed for each qualified employer by dividing the total amount of benefits
charged to the account of the employer during the forty-eight
consecutive months immediately preceding the computation
date by the taxable payrolls of the employer for the same
forty-eight month period as reported to the department by the
cut-off dates. The division shall be carried to the sixth
decimal place with the remaining fraction, if any, disregarded. [1984 c 205 § 4.]
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
50.29.030 "Wages" defined for purpose of prorating benefit charges. For the purpose of prorating benefit
charges "wages" shall mean "wages" as defined for purpose
of payment of benefits in RCW 50.04.320. [1970 ex.s. c 2
§ 12.]
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
Government or retirement pension plan payments as remuneration or
wages—Recovery of excess over benefits allowable, limitations: RCW
50.04.323.
50.29.045 Contribution rate—Insolvency surcharge.
(Expires January 1, 2005.) For rate years 2003 and 2004,
the contribution rate of each employer subject to contributions under RCW 50.24.010 shall include, in addition to the
contribution rate under RCW 50.29.025, an insolvency
surcharge of fifteen one-hundredths of one percent. However, the insolvency surcharge is not in effect:
(1) For rate year 2003, if, before January 1, 2003,
federal Reed act moneys are transferred to the account of
this state pursuant to section 903 of the social security act
(42 U.S.C. Sec. 1103), as amended, in an amount equal to
or greater than fifteen one-hundredths of one percent
multiplied by the amount of total taxable payroll for fiscal
year 2002.
(2) For rate year 2004, if the fund balance ratio under
RCW 50.29.025 is equal to or greater than 1.40 on September 30, 2003. [2002 c 149 § 9.]
Expiration dates—2002 c 149 §§ 3, 7, and 9: See note following
RCW 50.20.125.
Conflict with federal requirements—Severability—2002 c 149: See
notes following RCW 50.22.140.
50.29.055 Contribution rate—Equity surcharge—
Exceptions—Definitions. (1) Beginning with contributions
assessed for rate year 2005, the contribution rate of each
employer subject to contributions under RCW 50.24.010
shall include, in addition to the contribution rate under RCW
50.29.025, an equity surcharge as determined under this
section if the employer’s experience rating account has
ineffective charges in at least three of the four completed
fiscal years immediately preceding the computation date.
The commissioner shall determine the equity surcharge rate
for a rate year for each applicable employer as follows:
(a) If the employer’s net ineffective charges are equal to
or less than zero, no equity surcharge is applicable to the
[Title 50 RCW—page 59]
50.29.055
Title 50 RCW: Unemployment Compensation
employer. If the employer’s net ineffective charges are
greater than zero, an equity surcharge is applicable to the
employer.
(b) An employer’s equity surcharge rate for a rate year
is equal to the net ineffective charges divided by the
employer’s taxable payroll, expressed as a percentage.
(2) The equity surcharge may not exceed four-tenths of
one percent, except that for any given rate year the maximum surcharge is six-tenths of one percent if the commissioner determines that the total ineffective charges in the
completed fiscal year immediately preceding the computation
date is greater than fifteen percent of the total benefits paid
in that fiscal year.
(3) This section does not apply to an employer in rate
class 20A through 20E whose assigned standard industrial
classification code is within major group "09" or is "203," or
the equivalent codes in the North American industry classification system code.
(4) For purposes of this section:
(a) "Ineffective charges" means the dollar amount
charged in the previous four completed fiscal years to an
employer’s experience rating account attributable to unemployment benefits paid to claimants that exceed the contributions paid by the respective employer in those four fiscal
years.
(b) "Net ineffective charges" means the sum of the
employer’s ineffective charges as defined in (a) of this
subsection reduced by the employer’s estimated contributions.
(c) "Estimated contributions" means the employer’s
taxable payroll multiplied by the employer’s contribution rate
assigned under RCW 50.29.025 for the next applicable rate
year.
(d) "Taxable payroll" means the amount of wages
subject to tax for the employer as determined under RCW
50.24.010 in the completed fiscal year immediately preceding the computation date. [2002 c 149 § 10.]
Conflict with federal requirements—Severability—2002 c 149: See
notes following RCW 50.22.140.
50.29.062 Contribution rates for predecessor and
successor employers. Predecessor and successor employer
contribution rates shall be computed in the following manner:
(1) If the successor is an employer, as defined in RCW
50.04.080, at the time of the transfer, its contribution rate
shall remain unchanged for the remainder of the rate year in
which the transfer occurs. From and after January 1
following the transfer, the successor’s contribution rate for
each rate year shall be based on its experience with payrolls
and benefits including the experience of the acquired
business or portion of a business from the date of transfer,
as of the regular computation date for that rate year.
(2) If the successor is not an employer at the time of the
transfer, it shall pay contributions at the lowest rate determined under either of the following:
(a)(i) For transfers before January 1, 1997, the contribution rate of the rate class assigned to the predecessor
employer at the time of the transfer for the remainder of that
rate year and continuing until the successor qualifies for a
different rate in its own right;
[Title 50 RCW—page 60]
(ii) For transfers on or after January 1, 1997, the
contribution rate of the rate class assigned to the predecessor
employer at the time of the transfer for the remainder of that
rate year. Any experience relating to the assignment of that
rate class attributable to the predecessor is transferred to the
successor. Beginning with the January 1 following the
transfer, the successor’s contribution rate shall be based on
the transferred experience of the acquired business and the
successor’s experience after the transfer; or
(b) The contribution rate equal to the average industry
rate as determined by the commissioner, but not less than
one percent, and continuing until the successor qualifies for
a different rate in its own right. Assignment of employers
by the commissioner to industrial classification, for purposes
of this subsection, must be in accordance with established
classification practices found in the "Standard Industrial
Classification Manual" issued by the federal office of
management and budget to the third digit provided in the
standard industrial classification code, or in the North
American industry classification code system.
(3) If the successor is not an employer at the time of the
transfer and simultaneously acquires the business or a
portion of the business of two or more employers in different
rate classes, its rate from the date the transfer occurred until
the end of that rate year and until it qualifies in its own right
for a new rate, shall be the highest rate class applicable at
the time of the acquisition to any predecessor employer who
is a party to the acquisition, but not less than one percent.
(4) If the successor is not an employer at the time of the
transfer, the taxable wage base applicable to the predecessor
employer at the time of the transfer shall continue to apply
to the successor employer for the remainder of the rate year
in which the transfer occurs.
(5) The contribution rate on any payroll retained by a
predecessor employer shall remain unchanged for the
remainder of the rate year in which the transfer occurs.
(6) In all cases, from and after January 1 following the
transfer, the predecessor’s contribution rate for each rate year
shall be based on its experience with payrolls and benefits as
of the regular computation date for that rate year including
the experience of the acquired business or portion of business up to the date of transfer: PROVIDED, That if all of
the predecessor’s business is transferred to a successor or
successors, the predecessor shall not be a qualified employer
until it satisfies the requirements of a "qualified employer"
as set forth in RCW 50.29.010.
In addition to contributions at rates computed under this
section, predecessor and successor employers are subject to
contributions under rates computed as provided in RCW
50.29.045 and 50.29.055. [2002 c 149 § 12; 1996 c 238 §
1; 1995 c 56 § 1; 1989 c 380 § 81; 1984 c 205 § 6.]
Conflict with federal requirements—Severability—2002 c 149: See
notes following RCW 50.22.140.
Application—1996 c 238: "This act applies to unemployment
contribution rates effective on and after January 1, 1996." [1996 c 238 §
2.]
Conflict with federal requirements—1996 c 238: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
(2002 Ed.)
Employer Experience Rating
meet federal requirements that are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1996 c 238 § 3.]
Effective date—1989 c 380 §§ 78-81: See note following RCW
50.04.150.
Conflict with federal requirements—1989 c 380: See note
following RCW 50.04.150.
Severability—1989 c 380: See RCW 15.58.942.
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
50.29.065 Notice of benefits paid and charged to
employer’s account. Within thirty days after the end of
every calendar quarter, the commissioner shall notify each
employer of the benefits received during that quarter by each
claimant for whom he or she is the base year employer and
the amount of those benefits charged to his or her experience
rating account. [1984 c 205 § 10.]
established as a credit against his tax liability; however, if
the redetermined rate is higher than that originally computed
the difference between the amount paid and the amount
which should have been paid on the employer’s taxable
payroll shall be assessed against the employer as contributions owing for the rate year involved.
The redetermination of an employer’s contribution rate
shall not affect the contribution rates which have been
established for any other employer nor shall such redetermination affect any other computation made pursuant to
this title.
The employer shall have the same rights to request
review and redetermination as he had from his original rate
determination. [1970 ex.s. c 2 § 17.]
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
Chapter 50.32
REVIEW, HEARINGS, AND APPEALS
Conflict with federal requirements—Severability—Effective
dates—1984 c 205: See notes following RCW 50.20.120.
50.29.070 Notice of employer benefit charges and
rate of contribution—Review and appeal. Within a
reasonable time after the computation date each employer
shall be notified of the employer’s rate of contribution as
determined for the succeeding rate year and factors used in
the calculation.
Any employer dissatisfied with the benefit charges made
to the employer’s account for the twelve-month period
immediately preceding the computation date or with his or
her determined rate may file a request for review and
redetermination with the commissioner within thirty days of
the mailing of the notice to the employer, showing the
reason for such request. Should such request for review and
redetermination be denied, the employer may, within thirty
days of the mailing of such notice of denial, file with the
appeal tribunal a petition for hearing which shall be heard in
the same manner as a petition for denial of refund. The
appellate procedure prescribed by this title for further appeal
shall apply to all denials of review and redetermination
under this section. [1990 c 245 § 8; 1983 1st ex.s. c 23 §
19; 1973 1st ex.s. c 158 § 14; 1970 ex.s. c 2 § 16.]
Conflict with federal requirements—Effective dates—1990 c 245:
See notes following RCW 50.04.030.
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.
Appeal on denial of refund: RCW 50.32.030, 50.32.050.
Appeal to the courts: RCW 50.32.120.
Review by commissioner: RCW 50.32.070.
50.29.080 Redetermination and correction of
employer’s contribution rate. The commissioner may
redetermine any contribution rate if, within three years of the
rate computation date he finds that the rate as originally
computed was erroneous.
In the event that the redetermined rate is lower than that
originally computed the difference between the amount paid
and the amount which should have been paid on the
employer’s taxable payroll for the rate year involved shall be
(2002 Ed.)
50.29.062
Sections
50.32.010
50.32.020
50.32.025
50.32.030
50.32.040
50.32.050
50.32.060
50.32.070
50.32.075
50.32.080
50.32.090
50.32.095
50.32.097
50.32.100
50.32.110
50.32.120
50.32.130
50.32.140
50.32.150
50.32.160
50.32.170
50.32.180
50.32.190
Appeal tribunals.
Filing of benefit appeals.
Mailed appeal or petition.
Appeal from order and notice of assessment.
Benefit appeal procedure.
Contributions appeal procedure.
Conduct of appeal hearings.
Petition for review by commissioner.
Waiver of time for appeal or petition.
Commissioner’s review procedure.
Finality of commissioner’s decision.
Commissioner’s decisions as precedents—Publication.
Applicability of finding, determination, etc., to other action.
Costs.
Fees for administrative hearings.
Procedure for judicial review.
Undertakings on seeking judicial review.
Interstate petitions to Thurston county.
Jurisdiction of court.
Attorneys’ fees.
Decision final by agreement.
Remedies of title exclusive.
Costs, charges, and expenses.
50.32.010 Appeal tribunals. The commissioner shall
establish one or more impartial appeal tribunals, each of
which shall consist of an administrative law judge appointed
under chapter 34.12 RCW who shall decide the issues
submitted to the tribunal. No administrative law judge may
hear or decide any disputed claim in any case in which he is
an interested party. Wherever the term "appeal tribunal" or
"the appeal tribunal" is used in this title the same refers to
an appeal tribunal established under the provisions of this
section. Notice of any appeal or petition for hearing taken
to an appeal tribunal in any proceeding under this title may
be filed with such agency as the commissioner may by
regulation prescribe. [1981 c 67 § 30; 1945 c 35 § 117;
Rem. Supp. 1945 § 9998-255. Prior: 1943 c 127 § 4; 1941
c 253 § 4.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
50.32.020 Filing of benefit appeals. The applicant or
claimant, his or her most recent employing unit or any
interested party which the commissioner by regulation
[Title 50 RCW—page 61]
50.32.020
Title 50 RCW: Unemployment Compensation
prescribes, may file an appeal from any determination or
redetermination with the appeal tribunal within thirty days
after the date of notification or mailing, whichever is earlier,
of such determination or redetermination to his or her last
known address: PROVIDED, That in the event an appeal
with respect to any determination is pending as of the date
when a redetermination thereof is issued, such appeal, unless
withdrawn, shall be treated as an appeal from such redetermination. Any appeal from a determination of denial of
benefits which is effective for an indefinite period shall be
deemed to be an appeal as to all weeks subsequent to the
effective date of the denial for which benefits have already
been denied. If no appeal is taken from any determination,
or redetermination, within the time allowed by the provisions
of this section for appeal therefrom, said determination, or
redetermination, as the case may be, shall be conclusively
deemed to be correct except as hereinbefore provided in
respect to reconsideration by the commissioner of any
determination. [1987 c 61 § 1; 1951 c 215 § 10; 1945 c 35
§ 118; Rem. Supp. 1945 § 9998-256. Prior: 1943 c 127 §
4; 1941 c 253 § 4; 1939 c 214 § 4; 1937 c 162 § 6.]
50.32.025 Mailed appeal or petition. The appeal or
petition from a determination, redetermination, order and
notice of assessment, appeals decision, or commissioner’s
decision which is (1) transmitted through the United States
mail, shall be deemed filed and received by the addressee on
the date shown by the United States postal service
cancellation mark stamped by the United States postal
service employees upon the envelope or other appropriate
wrapper containing it or, (2) mailed but not received by the
addressee, or where received and the United States postal
service cancellation mark is illegible, erroneous or omitted,
shall be deemed filed and received on the date it was mailed,
if the sender establishes by competent evidence that the
appeal or petition was deposited in the United States mail on
or before the date due for filing: PROVIDED, That in the
case of a metered cancellation mark by the sender and a
United States postal service cancellation mark on the same
envelope or other wrapper, the latter shall control: PROVIDED, FURTHER, That in any of the above circumstances,
the appeal or petition must be properly addressed and have
sufficient postage affixed thereto. [1975 1st ex.s. c 228 § 4;
1969 ex.s. c 200 § 1.]
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.32.030 Appeal from order and notice of assessment. When an order and notice of assessment has been
served upon or mailed to a delinquent employer, as heretofore provided, such employer may within thirty days
thereafter file a petition in writing with the appeal tribunal,
stating that such assessment is unjust or incorrect and
requesting a hearing thereon. Such petition shall set forth
the reasons why the assessment is objected to and the
amount of contributions, if any, which said employer admits
to be due the employment security department. If no such
petition be filed with the appeal tribunal within thirty days,
the assessment shall be conclusively deemed to be just and
correct: PROVIDED, That in such cases, and in cases where
payment of contributions, interest, or penalties has been
[Title 50 RCW—page 62]
made pursuant to a jeopardy assessment, the commissioner
may properly entertain a subsequent application for refund.
The filing of a petition on a disputed assessment with the
appeal tribunal shall stay the distraint and sale proceeding
provided for in this title until a final decision thereon shall
have been made, but the filing of such petition shall not
affect the right of the commissioner to perfect a lien, as provided by this title, upon the property of the employer. The
filing of a petition on a disputed assessment shall stay the
accrual of interest and penalties on the disputed contributions
until a final decision shall have been made thereon.
Within thirty days after notice of denial of refund or
adjustment has been mailed or delivered (whichever is the
earlier) to an employer, the employer may file a petition in
writing with the appeal tribunal for a hearing thereon:
PROVIDED, That this right shall not apply in those cases in
which assessments have been appealed from and have
become final. The petitioner shall set forth the reasons why
such hearing should be granted and the amount which the
petitioner believes should be adjusted or refunded. If no
such petition be filed within said thirty days, the determination of the commissioner as stated in said notice shall be
final. [1987 c 111 § 6; 1987 c 61 § 2; 1983 1st ex.s. c 23
§ 20; 1959 c 266 § 7; 1949 c 214 § 23; 1945 c 35 § 119;
Rem. Supp. 1949 § 9998-257.]
Reviser’s note: This section was amended by 1987 c 61 § 2 and by
1987 c 111 § 6, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Conflict with federal requirements—Severability—Effective date—
1987 c 111: See notes following RCW 50.12.220.
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
50.32.040 Benefit appeal procedure. In any proceeding before an appeal tribunal involving a dispute of an
individual’s initial determination, all matters covered by such
initial determination shall be deemed to be in issue irrespective of the particular ground or grounds set forth in the
notice of appeal.
In any proceeding before an appeal tribunal involving a
dispute of an individual’s claim for waiting period credit or
claim for benefits, all matters and provisions of this title
relating to the individual’s right to receive such credit or
benefits for the period in question, including but not limited
to the question and nature of the claimant’s availability for
work within the meaning of RCW 50.20.010(3) and
50.20.080, shall be deemed to be in issue irrespective of the
particular ground or grounds set forth in the notice of appeal
in single claimant cases. The claimant’s availability for
work shall be determined apart from all other matters.
In any proceeding before an appeal tribunal involving an
individual’s right to benefits, all parties shall be afforded an
opportunity for hearing after not less than seven days’ notice
in accordance with RCW 34.05.434.
In any proceeding involving an appeal relating to benefit
determinations or benefit claims, the appeal tribunal, after
affording the parties reasonable opportunity for fair hearing,
shall render its decision affirming, modifying, or setting
aside the determination or decisions of the unemployment
compensation division. The parties shall be duly notified of
such appeal tribunal’s decision together with its reasons
(2002 Ed.)
Review, Hearings, and Appeals
therefor, which shall be deemed to be the final decision on
the initial determination or the claim for waiting period
credit or the claim for benefits unless, within thirty days
after the date of notification or mailing, whichever is the
earlier, of such decision, further appeal is perfected pursuant
to the provisions of this title relating to review by the
commissioner. [1989 c 175 § 117; 1987 c 61 § 3; 1981 c 35
§ 10; 1973 c 73 § 8; 1945 c 35 § 120; Rem. Supp. 1945 §
9998-258. Prior: 1943 c 127 § 4; 1941 c 253 § 4; 1939 c
214 § 4; 1937 c 162 § 6.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1981 c 35: See note following RCW 50.22.030.
Effective dates—1973 c 73: See note following RCW 50.04.030.
50.32.050 Contributions appeal procedure. In any
proceeding before an appeal tribunal involving an appeal
from a disputed order and notice of assessment (for contributions, interest, or penalties due) a disputed denial of refund
or adjustment (of contributions, interest, or penalties paid) or
a disputed experience rating credit, the appeal tribunal, after
affording the parties a reasonable opportunity for hearing,
shall affirm, modify or set aside the notice of assessment,
denial of refund or experience rating credit. The parties
shall be duly notified of such appeal tribunal’s decision
together with its reasons therefor which shall be deemed to
be the final decision on the order and notice of assessment,
denial of refund or experience rating credit, as the case may
be, unless within thirty days after the date of notification or
mailing, whichever is the earlier, of such decision, further
appeal is perfected pursuant to the provisions of this title
relating to review by the commissioner. [1987 c 61 § 4;
1983 1st ex.s. c 23 § 21; 1949 c 214 § 24; 1945 c 35 § 121;
Rem. Supp. 1949 § 9998-259.]
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Review by commissioner: RCW 50.32.070.
50.32.060 Conduct of appeal hearings. The manner
in which any dispute shall be presented to the appeal
tribunal, and the conduct of hearings and appeals, shall be in
accordance with regulations prescribed by the commissioner
for determining the rights of the parties, whether or not such
regulations conform to common law or statutory rules of
evidence and other technical rules of procedure. A full and
complete record shall be kept of all appeal tribunal proceedings. All testimony at any appeal tribunal hearing shall
be recorded, but need not be transcribed unless further
appeal is taken. [1945 c 35 § 122; Rem. Supp. 1945 §
9998-260.]
50.32.070 Petition for review by commissioner.
Within thirty days from the date of notification or mailing,
whichever is the earlier, of any decision of an appeal
tribunal, the commissioner on his or her own order may, or
upon petition of any interested party shall, take jurisdiction
of the proceedings for the purpose of review thereof.
Appeal from any decision of an appeal tribunal may be perfected so as to prevent finality of such decision if, within
thirty days from the date of mailing the appeal tribunal
decision, or notification thereof, whichever is the earlier, a
petition in writing for review by the commissioner is re(2002 Ed.)
50.32.040
ceived by the commissioner or by such representative of the
commissioner as the commissioner by regulation shall
prescribe. The commissioner may also prevent finality of
any decision of an appeal tribunal and take jurisdiction of
the proceedings for his or her review thereof by entering an
order so providing on his or her own motion and mailing a
copy thereof to the interested parties within the same period
allowed herein for receipt of a petition for review. The time
limit provided herein for the commissioner’s assumption of
jurisdiction on his or her own motion for review shall be
deemed to be jurisdictional. [1987 c 61 § 5; 1975 1st ex.s.
c 228 § 5; 1947 c 215 § 31; 1945 c 35 § 123; Rem. Supp.
1947 § 9998-261.]
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.32.075 Waiver of time for appeal or petition.
For good cause shown the appeal tribunal or the commissioner may waive the time limitations for administrative
appeals or petitions set forth in the provisions of this title.
[1975 1st ex.s. c 228 § 16.]
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.32.080 Commissioner’s review procedure. After
having acquired jurisdiction for review, the commissioner
shall review the proceedings in question. Prior to rendering
his decision, the commissioner may order the taking of
additional evidence by an appeal tribunal to be made a part
of the record in the case. Upon the basis of evidence
submitted to the appeal tribunal and such additional evidence
as the commissioner may order to be taken, the commissioner shall render his decision in writing affirming, modifying,
or setting aside the decision of the appeal tribunal. Alternatively, the commissioner may order further proceedings to be
held before the appeal tribunal, upon completion of which
the appeal tribunal shall issue a decision in writing affirming,
modifying, or setting aside its previous decision. The new
decision may be appealed under RCW 50.32.070. The
commissioner shall mail his decision to the interested parties
at their last known addresses. [1982 1st ex.s. c 18 § 8; 1945
c 35 § 124; Rem. Supp. 1945 § 9998-262.]
Severability—Conflict with federal requirements—1982 1st ex.s.
c 18: See notes following RCW 50.12.200.
50.32.090 Finality of commissioner’s decision. Any
decision of the commissioner involving a review of an
appeal tribunal decision, in the absence of a petition therefrom as provided in chapter 34.05 RCW, becomes final
thirty days after service. The commissioner shall be deemed
to be a party to any judicial action involving any such
decision and shall be represented in any such judicial action
by the attorney general. [1989 c 175 § 118; 1973 1st ex.s.
c 158 § 15; 1945 c 35 § 125; Rem. Supp. 1945 § 9998-263.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
Procedure for judicial review: RCW 50.32.120.
50.32.095 Commissioner’s decisions as precedents—
Publication. The commissioner may designate certain
[Title 50 RCW—page 63]
50.32.095
Title 50 RCW: Unemployment Compensation
commissioner’s decisions as precedents. The
commissioner’s decisions designated as precedents shall be
published and made available to the public by the department. [1982 1st ex.s. c 18 § 9.]
Severability—Conflict with federal requirements—1982 1st ex.s.
c 18: See notes following RCW 50.12.200.
50.32.097 Applicability of finding, determination,
etc., to other action. Any finding, determination, conclusion, declaration, or final order made by the commissioner,
or his or her representative or delegate, or by an appeal
tribunal, administrative law judge, reviewing officer, or other
agent of the department for the purposes of Title 50 RCW,
shall not be conclusive, nor binding, nor admissible as
evidence in any separate action outside the scope of Title 50
RCW between an individual and the individual’s present or
prior employer before an arbitrator, court, or judge of this
state or the United States, regardless of whether the prior
action was between the same or related parties or involved
the same facts or was reviewed pursuant to RCW 50.32.120.
[1988 c 28 § 1.]
50.32.100 Costs. In all proceedings provided by this
title prior to court review involving dispute of an
individual’s initial determination, or claim for waiting period
credit, or for benefits, the fees of all witnesses attending
such proceedings pursuant to subpoena shall be paid at the
rate fixed by such regulation as the commissioner shall
prescribe and such fees and all costs of such proceedings
otherwise chargeable to such individual, except charges for
services rendered by counsel or other agent representing such
individual, shall be paid out of the unemployment compensation administration fund. In all other respects and in all
other proceedings under this title the rule in civil cases as to
costs and attorney fees shall apply: PROVIDED, That cost
bills may be served and filed and costs shall be taxed in
accordance with such regulation as the commissioner shall
prescribe. [1945 c 35 § 126; Rem. Supp. 1945 § 9998-264.]
Costs and attorneys’ fees: Chapter 4.84 RCW.
50.32.110 Fees for administrative hearings. No
individual shall be charged fees of any kind in any proceeding involving the individual’s application for initial determination, or claim for waiting period credit, or claim for
benefits, under this title by the commissioner or his representatives, or by an appeal tribunal, or any court, or any officer
thereof. Any individual in any such proceeding before the
commissioner or any appeal tribunal may be represented by
counsel or other duly authorized agent who shall neither
charge nor receive a fee for such services in excess of an
amount found reasonable by the officer conducting such
proceeding. [1945 c 35 § 127; Rem. Supp. 1945 § 9998265.]
50.32.120 Procedure for judicial review. Judicial
review of a decision of the commissioner involving the
review of an appeals tribunal decision may be had only in
accordance with the procedural requirements of RCW
34.05.570. [1973 1st ex.s. c 158 § 16; 1971 c 81 § 119;
1945 c 35 § 128; Rem. Supp. 1945 § 9998-266. Prior:
[Title 50 RCW—page 64]
1943 c 127 § 4; 1941 c 253 § 4; 1939 c 214 § 4; 1937 c 162
§ 6.]
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
Appeals: Chapter 4.88 RCW.
50.32.130 Undertakings on seeking judicial review.
No bond of any kind shall be required of any individual
seeking judicial review from a commissioner’s decision
affecting such individual’s application for initial determination or claim for waiting period credit or for benefits.
No commissioner’s decision shall be stayed by a
petition for judicial review unless the petitioning employer
shall first deposit an undertaking in an amount theretofore
deemed by the commissioner to be due, if any, from the
petitioning employer, together with interest thereon, if any,
with the commissioner or in the registry of the court:
PROVIDED, HOWEVER, That this section shall not be
deemed to authorize a stay in the payment of benefits to an
individual when such individual has been held entitled
thereto by a decision of the commissioner which decision
either affirms, reverses, or modifies a decision of an appeals
tribunal. [1973 1st ex.s. c 158 § 17; 1971 c 81 § 120; 1945
c 35 § 129; Rem. Supp. 1945 § 9998-267. Prior: 1943 c
127 § 4; 1941 c 253 § 4.]
Rules of court: Cf. Title 8 RAP, RAP 18.22.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
50.32.140 Interstate petitions to Thurston county.
RCW 34.05.514 to the contrary notwithstanding, petitions to
the superior court from decisions of the commissioner
dealing with the applications or claims relating to benefit
payments which were filed outside of this state with an
authorized representative of the commissioner shall be filed
with the superior court of Thurston county which shall have
the original venue of such appeals. [1989 c 175 § 119; 1973
1st ex.s. c 158 § 18; 1945 c 35 § 130; Rem. Supp. 1945 §
9998-268.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1973 1st ex.s. c 158: See note following RCW
50.08.020.
50.32.150 Jurisdiction of court. In all court proceedings under or pursuant to this title the decision of the
commissioner shall be prima facie correct, and the burden of
proof shall be upon the party attacking the same.
If the court shall determine that the commissioner has
acted within his power and has correctly construed the law,
the decision of the commissioner shall be confirmed;
otherwise, it shall be reversed or modified. In case of a
modification or reversal the superior court shall refer the
same to the commissioner with an order directing him to
proceed in accordance with the findings of the court.
Whenever any order and notice of assessment shall have
become final in accordance with the provisions of this title,
the court shall upon application of the commissioner enter a
judgment in the amount provided for in said order and notice
of assessment, and said judgment shall have and be given
the same effect as if entered pursuant to civil action institut-
(2002 Ed.)
Review, Hearings, and Appeals
ed in said court. [1945 c 35 § 131; Rem. Supp. 1945 §
9998-269. Prior: 1941 c 253 § 4.]
under the unemployment compensation act by the clerk of
any court. [1945 c 35 § 135; Rem. Supp. 1945 § 9998-273.]
Judgments
entry of: Chapter 4.64 RCW.
generally: Chapter 4.56 RCW.
50.32.160 Attorneys’ fees. It shall be unlawful for
any attorney engaged in any appeal to the courts on behalf
of an individual involving the individual’s application for
initial determination, or claim for waiting period credit, or
claim for benefits to charge or receive any fee therein in
excess of a reasonable fee to be fixed by the superior court
in respect to the services performed in connection with the
appeal taken thereto and to be fixed by the supreme court or
the court of appeals in the event of appellate review, and if
the decision of the commissioner shall be reversed or
modified, such fee and the costs shall be payable out of the
unemployment compensation administration fund. In the
allowance of fees the court shall give consideration to the
provisions of this title in respect to fees pertaining to
proceedings involving an individual’s application for initial
determination, claim for waiting period credit, or claim for
benefits. In other respects the practice in civil cases shall
apply. [1988 c 202 § 48; 1971 c 81 § 121; 1945 c 35 § 132;
Rem. Supp. 1945 § 9998-270. Prior: 1941 c 253 § 4.]
Severability—1988 c 202: See note following RCW 2.24.050.
Attorneys’ fees: Chapter 4.84 RCW.
Costs: RCW 50.32.100.
Costs on appeal: Chapter 4.84 RCW.
50.32.170 Decision final by agreement. No appeal
from the decision of an appeal tribunal, or of the commissioner, or of any court in any proceedings provided by this
title may be taken subsequent to the filing with the appeal
tribunal, commissioner, or court which rendered the decision,
within the time allowed for appeal, of an agreement in
writing approved by all interested parties to the proceedings,
providing that no appeal will be taken from such decision.
The provisions of this section shall be jurisdictional. [1945
c 35 § 133; Rem. Supp. 1945 § 9998-271.]
50.32.180 Remedies of title exclusive. The remedies
provided in this title for determining the justness or correctness of assessments, refunds, adjustments, or claims shall be
exclusive and no court shall entertain any action to enjoin an
assessment or require a refund or adjustment except in
accordance with the provisions of this title. Matters which
may be determined by the procedures set out in this title
shall not be the subject of any declaratory judgment. [1945
c 35 § 134; Rem. Supp. 1945 § 9998-272.]
50.32.190 Costs, charges, and expenses. Whenever
any appeal is taken from any decision of the commissioner
to any court, all expenses and costs incurred therein by said
commissioner, including court reporter costs and attorneys’
fees and all costs taxed against such commissioner, shall be
paid out of the unemployment compensation administration
fund.
Neither the commissioner nor the state shall be charged
any fee for any service rendered in connection with litigation
(2002 Ed.)
50.32.150
Chapter 50.36
PENALTIES
Sections
50.36.010
50.36.020
50.36.030
Violations generally.
Violations by employers.
Concealing cause of discharge.
50.36.010 Violations generally. It shall be unlawful
for any person to knowingly give any false information or
withhold any material information required under the
provisions of this title. Any person who violates any of the
provisions of this title which violation is declared to be
unlawful, and for which no contrary provision is made, shall
be guilty of a misdemeanor and shall be punished by a fine
of not less than twenty dollars nor more than two hundred
and fifty dollars or by imprisonment in the county jail for
not more than ninety days: PROVIDED, That any person
who violates the provisions of RCW 50.40.010 shall be
guilty of a gross misdemeanor.
Any person who in connection with any compromise or
offer of compromise wilfully conceals from any officer or
employee of the state any property belonging to an employing unit which is liable for contributions, interest, or penalties, or receives, destroys, mutilates, or falsifies any book,
document, or record, or makes under oath any false statement relating to the financial condition of the employing unit
which is liable for contributions, shall upon conviction
thereof be fined not more than five thousand dollars or be
imprisoned for not more than one year, or both.
The penalty prescribed in this section shall not be
deemed exclusive, but any act which shall constitute a crime
under any law of this state may be the basis of prosecution
under such law notwithstanding that it may also be the basis
for prosecution under this section. [1953 ex.s. c 8 § 22;
1945 c 35 § 180; Rem. Supp. 1945 § 9998-319. Prior:
1943 c 127 § 12; 1941 c 253 § 13.]
50.36.020 Violations by employers. Any person
required under this title to collect, account for and pay over
any contributions imposed by this title, who wilfully fails to
collect or truthfully account for and pay over such contributions, and any person who wilfully attempts in any
manner to evade or defeat any contributions imposed by this
title or the payment thereof, shall, in addition to other
penalties provided by law, upon conviction thereof, be fined
not more than five thousand dollars, or imprisoned for not
more than one year, or both, together with the costs of
prosecution.
The term "person" as used in this section includes an
officer or individual in the employment of a corporation, or
a member or individual in the employment of a partnership,
who as such officer, individual or member is under a duty to
perform the act in respect of which the violation occurs. A
corporation may likewise be prosecuted under this section
and may be subjected to fine and payment of costs of
prosecution as prescribed herein for a person. [1953 ex.s. c
[Title 50 RCW—page 65]
50.36.020
Title 50 RCW: Unemployment Compensation
8 § 23; 1945 c 35 § 181; Rem. Supp. 1945 § 9998-320.
Prior: 1943 c 127 § 12; 1941 c 253 § 13.]
50.38.010 Intent. It is the intent of this chapter to
establish the duties and authority of the employment security
department relating to labor market information and economic analysis. State and federal law mandate the use of labor
market information in the planning, coordinating, management, implementation, and evaluation of certain programs.
Often this labor market information is also needed in studies
for the legislature and state programs, like those dealing with
growth management, community diversification, export
assistance, prison industries, energy, agriculture, social
services, and environment. Employment, training, education,
job creation, and other programs are often mandated without
adequate federal or state funding for the needed labor market
information. Clarification of the department’s duties and
authority will assist users of state and local labor market
information products and services to have realistic expectations and provide the department authority to recover actual
costs for labor market information products and services
developed in response to individual requests. [1993 c 62 §
1; 1982 c 43 § 1.]
the socioeconomic factors and variables influencing the employment process in the state and specific labor market
areas. These socioeconomic factors and variables affect
labor demand and supply relationships and include:
(a) Labor force information, which includes but is not
limited to employment, unemployment, labor force participation, labor turnover and mobility, average hours and earnings, and changes and characteristics of the population and
labor force within specific labor market areas and the state;
(b) Occupational information, which includes but is not
limited to occupational supply and demand estimates and
projections, characteristics of occupations, wage levels, job
duties, training and education requirements, conditions of
employment, unionization, retirement practices, and training
opportunities;
(c) Economic information, which includes but is not
limited to number of business starts and stops by industry
and labor market area, information on employment growth
and decline by industry and labor market area, employer
establishment data, and number of labor-management
disputes by industry and labor market area; and
(d) Program information, which includes but is not
limited to program participant or student information
gathered in cooperation with other state and local agencies
along with related labor market information to evaluate the
effectiveness, efficiency, and impact of state and local
employment, training, education, and job creation efforts in
support of planning, management, implementation, and
evaluation.
(2) "Labor market area" means an economically integrated geographic area within which individuals can reside
and find employment within a reasonable distance or can
readily change employment without changing their place of
residence. Such areas shall be identified in accordance with
criteria used by the bureau of labor statistics of the department of labor in defining such areas or similar criteria
established by the governor. The area generally takes the
name of its community. The boundaries depend primarily
on economic and geographic factors. Washington state is
divided into labor market areas, which usually include a
county or a group of contiguous counties.
(3) "Labor market analysis" means the measurement and
evaluation of economic forces as they relate to the employment process in the local labor market area. Variables
affecting labor market relationships include, but are not
limited to, such factors as labor force changes and characteristics, population changes and characteristics, industrial
structure and development, technological developments,
shifts in consumer demand, volume and extent of unionization and trade disputes, recruitment practices, wage levels,
conditions of employment, and training opportunities.
(4) "Public records" has the same meaning as set forth
in RCW 42.17.020.
(5) "Department" means the employment security
department. [1993 c 62 § 2.]
50.38.015 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Labor market information" means the body of
information generated from measurement and evaluation of
50.38.020 Occupational information responsibility—
Forecast, criteria. The Washington state employment
security department shall be the responsible state entity for
the development, administration, and dissemination of
Washington state occupational information, including the
Crimes and punishment: Titles 9, 9A RCW.
50.36.030 Concealing cause of discharge. Employing
units or agents thereof supplying information to the employment security department pertaining to the cause of a benefit
claimant’s separation from work, which cause stated to the
department is contrary to that given the benefit claimant by
such employing unit or agent thereof at the time of his
separation from the employing unit’s employ, shall be guilty
of a misdemeanor and shall be punished by a fine of not less
than twenty dollars nor more than two hundred and fifty
dollars or by imprisonment in the county jail for not more
than ninety days. [1951 c 265 § 13.]
Severability—1951 c 265: See note following RCW 50.98.070.
Chapter 50.38
LABOR MARKET INFORMATION AND
ECONOMIC ANALYSIS
(Formerly: Occupational information service—Forecast)
Sections
50.38.010
50.38.015
50.38.020
50.38.030
50.38.040
50.38.050
50.38.060
50.38.065
50.38.900
50.38.901
50.38.902
Intent.
Definitions.
Occupational information responsibility—Forecast, criteria.
Occupational forecast—Agency consultation.
Annual report.
Department—Duties.
Department—Powers.
Moneys for nonfunded labor market information costs—
Disposition.
Effective date—1982 c 43.
Conflict with federal requirements—1993 c 62.
Effective date—1993 c 62.
[Title 50 RCW—page 66]
(2002 Ed.)
Labor Market Information and Economic Analysis
state occupational forecast. The generation of the forecast
is subject to the following criteria:
(1) The occupational forecast shall be consistent with
the state economic forecast;
(2) Standardized occupational classification codes shall
be adopted, to be cross-referenced with other generally
accepted occupational codes. [1982 c 43 § 2.]
50.38.030 Occupational forecast—Agency consultation. The employment security department shall consult
with the following agencies prior to the issuance of the state
occupational forecast:
(1) Office of financial management;
(2) Department of community, trade, and economic
development;
(3) Department of labor and industries;
(4) State board for community and technical colleges;
(5) Superintendent of public instruction;
(6) Department of social and health services;
(7) Work force training and education coordinating
board; and
(8) Other state and local agencies as deemed appropriate
by the commissioner of the employment security department.
These agencies shall cooperate with the employment
security department, submitting information relevant to the
generation of occupational forecasts. [1995 c 399 § 142;
1993 c 62 § 3; 1985 c 466 § 66; 1985 c 6 § 18; 1982 c 43
§ 3.]
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
50.38.040 Annual report. The department shall
submit an annual report to the legislature and the governor
that includes, but is not limited to:
(1) Identification and analysis of industries in the United
States, Washington state, and local labor markets with high
levels of seasonal, cyclical, and structural unemployment;
(2) The industries and local labor markets with plant
closures and mass lay-offs and the number of affected
workers;
(3) An analysis of the major causes of plant closures
and mass lay-offs;
(4) The number of dislocated workers and persons who
have exhausted their unemployment benefits, classified by
industry, occupation, and local labor markets;
(5) The experience of the unemployed in their efforts to
become reemployed. This should include research conducted
on the continuous wage and benefit history;
(6) Five-year industry and occupational employment
projections; and
(7) Annual and hourly average wage rates by industry
and occupation. [1993 c 62 § 4.]
50.38.050 Department—Duties. The department
shall have the following duties:
(1) Oversight and management of a statewide comprehensive labor market and occupational supply and demand
information system, including development of a five-year
employment forecast for state and labor market areas;
(2) Produce local labor market information packages for
the state’s counties, including special studies and job impact
(2002 Ed.)
50.38.020
analyses in support of state and local employment, training,
education, and job creation programs, especially activities
that prevent job loss, reduce unemployment, and create jobs;
(3) Coordinate with the office of financial management
and the office of the forecast council to improve employment
estimates by enhancing data on corporate officers, improving
business establishment listings, expanding sample for
employment estimates, and developing business entry/exit
analysis relevant to the generation of occupational and
economic forecasts; and
(4) In cooperation with the office of financial management, produce long-term industry and occupational employment forecasts. These forecasts shall be consistent with the
official economic and revenue forecast council biennial
economic and revenue forecasts. [1993 c 62 § 5.]
50.38.060 Department—Powers. To implement this
chapter, the department has authority to:
(1) Establish mechanisms to recover actual costs
incurred in producing and providing otherwise nonfunded
labor market information.
(a) If the commissioner, in his or her discretion,
determines that providing labor market information is in the
public interest, the requested information may be provided
at reduced costs.
(b) The department shall provide access to labor market
information products that constitute public records available
for public inspection and copying under chapter 42.17 RCW,
at fees not exceeding those allowed under RCW 42.17.300
and consistent with the department’s fee schedule;
(2) Receive federal set aside funds from several federal
programs that are authorized to fund state and local labor
market information and are required to use such information
in support of their programs;
(3) Enter into agreements with other public agencies for
statistical analysis, research, or evaluation studies of local,
state, and federally funded employment, training, education,
and job creation programs to increase the efficiency or
quality of service provided to the public consistent with
chapter 50.13 RCW;
(4) Coordinate with other state agencies to study ways
to standardize federal and state multi-agency administrative
records, such as unemployment insurance information and
other information to produce employment, training, education, and economic analysis needed to improve labor market
information products and services; and
(5) Produce agricultural labor market information and
economic analysis needed to facilitate the efficient and
effective matching of the local supply and demand of
agricultural labor critical to an effective agricultural labor exchange in Washington state. Information collected for an
agricultural labor market information effort will be coordinated with other federal, state, and local statistical agencies
to minimize reporting burden through cooperative data
collection efforts for statistical analysis, research, or studies.
[1993 c 62 § 6.]
50.38.065 Moneys for nonfunded labor market
information costs—Disposition. Moneys received under
RCW 50.38.060(1) to cover the actual costs of nonfunded
labor market information shall be deposited in the unemploy[Title 50 RCW—page 67]
50.38.065
Title 50 RCW: Unemployment Compensation
ment compensation administration fund and expenditures
shall be authorized only by appropriation. [1993 c 62 § 7.]
50.38.900 Effective date—1982 c 43. This act shall
take effect July 1, 1982. [1982 c 43 § 5.]
50.38.901 Conflict with federal requirements—1993
c 62. If any part of this act is found to be in conflict with
federal requirements which are a prescribed condition to the
allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be
inoperative solely to the extent of the conflict, and such
finding or determination shall not affect the operation of the
remainder of this act. The rules under this act shall meet
federal requirements which are a necessary condition to the
receipt of federal funds by the state or the granting of federal
unemployment tax credits to employers in this state. [1993
c 62 § 10.]
50.38.902 Effective date—1993 c 62. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 62 § 13.]
Chapter 50.40
MISCELLANEOUS PROVISIONS
Sections
50.40.010
50.40.020
50.40.040
50.40.050
Waiver of rights void.
Exemption of benefits.
No vested rights.
Child support obligations.
50.40.010 Waiver of rights void. Any agreement by
an individual to waive, release, or commute his rights to
benefits or any other rights under this title shall be void.
Any agreement by an individual in the employ of any person
or concern to pay all or any portion of an employer’s
contributions, required under this title from such employer,
shall be void. No employer shall directly or indirectly make
or require or accept any deduction from remuneration for
services to finance the employer’s contributions required
from him, or require or accept any waiver of any right
hereunder by any individual in his employ. [1945 c 35 §
182; Rem. Supp. 1945 § 9998-321. Prior: 1943 c 127 § 11;
1941 c 253 § 12; 1939 c 214 § 13; 1937 c 162 § 15.]
50.40.020 Exemption of benefits. Any assignment,
pledge, or encumbrance of any right to benefits which are or
may become due or payable under this title shall be void.
Such rights to benefits shall be exempt from levy, execution,
attachment, or any other remedy whatsoever provided for the
collection of debts, except as provided in RCW 50.40.050.
Benefits received by any individual, so long as they are not
commingled with other funds of the recipient, shall be
exempt from any remedy whatsoever for collection of all
debts except debts incurred for necessaries furnished such
individual or his spouse or dependents during the time when
[Title 50 RCW—page 68]
such individual was unemployed. Any waiver of any
exemption provided for in this section shall be void. [1982
1st ex.s. c 18 § 10. Prior: 1982 c 201 § 7; 1945 c 35 §
183; Rem. Supp. 1945 § 9998-322; prior: 1943 c 127 § 11;
1941 c 253 § 12; 1939 c 214 § 13; 1937 c 162 § 15. Formerly codified in RCW 50.40.020, part and 50.40.030, part.]
Severability—Conflict with federal requirements—1982 1st ex.s.
c 18: See notes following RCW 50.12.200.
50.40.040 No vested rights. The legislature reserves
the right to amend or repeal all or any part of this title at
any time; and there shall be no vested private right of any
kind against such amendment or repeal. All the rights,
privileges, or immunities conferred by this title or by acts
done pursuant thereto shall exist subject to the power of the
legislature to amend or repeal this title at any time. [1945
c 35 § 187; no RRS. Prior: 1941 c 253 § 1; 1939 c 214 §
1; 1937 c 162 § 3.]
50.40.050 Child support obligations. (1) An individual filing a new claim for unemployment compensation shall,
at the time of filing the claim, disclose whether or not the
individual owes child support obligations as defined under
subsection (7) of this section. If the individual discloses that
he or she owes child support obligations and is determined
to be eligible for unemployment compensation, the commissioner shall notify the state or local child support enforcement agency enforcing those obligations that the individual
has been determined to be eligible for unemployment
compensation.
(2) The commissioner shall deduct and withhold from
any unemployment compensation payable to an individual
who owes child support obligations as defined under subsection (7) of this section:
(a) The amount specified by the individual to the
commissioner to be deducted and withheld under this
subsection, if neither (b) nor (c) of this subsection is
applicable;
(b) The amount (if any) determined pursuant to an
agreement submitted to the commissioner under section
454(20)(B)(i) of the Social Security Act by the state or local
child support enforcement agency, unless (c) of this subsection is applicable; or
(c) Any amount otherwise required to be so deducted
and withheld from such unemployment compensation
pursuant to legal process, as that term is defined in section
462(e) of the Social Security Act, properly served upon the
commissioner.
(3) Any amount deducted and withheld under subsection
(2) of this section shall be paid by the commissioner to the
appropriate state or local child support enforcement agency.
(4) Any amount deducted and withheld under subsection
(2) of this section shall be treated for all purposes as if it
were paid to the individual as unemployment compensation
and paid by that individual to the state or local child support
enforcement agency in satisfaction of the individual’s child
support obligations.
(5) For the purposes of this section, "unemployment
compensation" means any compensation payable under this
chapter including amounts payable by the commissioner
under an agreement under any federal law providing for
(2002 Ed.)
Miscellaneous Provisions
compensation, assistance, or allowances with respect to
unemployment.
(6) This section applies only if appropriate arrangements
have been made for reimbursement by the state or local child
support enforcement agency for the administrative costs
incurred by the commissioner under this section which are
attributable to child support obligations being enforced by
the state or local child support enforcement agency.
(7) "Child support obligations" as used in this section
means only those obligations which are being enforced
pursuant to a plan described in section 454 of the Social
Security Act which has been approved by the secretary of
health and human services under part D of Title IV of the
Social Security Act.
(8) "State or local child support enforcement agency" as
used in this section means any agency of this state or a
political subdivision thereof operating pursuant to a plan
described in subsection (7) of this section. [1982 1st ex.s.
c 18 § 11. Prior: 1982 c 201 § 3.]
Severability—Conflict with federal requirements—1982 1st ex.s.
c 18: See notes following RCW 50.12.200.
Chapter 50.44
SPECIAL COVERAGE PROVISIONS
Sections
50.44.010
Religious, charitable, educational, or other nonprofit organizations—Exemption—Payments.
50.44.020 Instrumentalities of this state, other states, political subdivisions.
50.44.030 Political subdivisions, instrumentalities of this state and
other state.
50.44.035 Local government tax.
50.44.037 "Institution of higher education" defined.
50.44.040 Services excluded under "employment" for certain purposes.
50.44.050 Benefits payable, terms and conditions—"Academic year"
defined.
50.44.053 "Reasonable assurance" defined—Presumption, employees of
educational institutions.
50.44.055 Finding—Intent—Reasonable assurance, application to employees of educational institutions.
50.44.060 Nonprofit organization employees—Financing of benefits—
Election of payments in lieu of contributions.
50.44.070 Election to make payments in lieu of contributions—Bond
or deposit.
50.44.080 Construction—Compliance with federal unemployment tax
act, department of labor guidelines.
50.44.090 Construction—Mandatory coverage of employees of political
subdivision under 1977 ex.s. c 292.
Coverage of corporate officers: RCW 50.04.165.
50.44.010 Religious, charitable, educational, or
other nonprofit organizations—Exemption—Payments.
Services performed subsequent to December 31, 1971, by an
individual in the employ of a religious, charitable, educational or other organization which is excluded from the term
"employment" as defined in the federal unemployment tax
act solely by reason of section 3306(c)(8) of that act shall be
deemed services performed in employment unless such
service is exempted under RCW 50.44.040.
Such organization shall make payments to the unemployment compensation fund based on such services in
accordance with the provisions of RCW 50.44.060. [1971
c 3 § 18.]
(2002 Ed.)
50.40.050
50.44.020 Instrumentalities of this state, other
states, political subdivisions. Commencing with benefit
years beginning on or after January 28, 1971, services performed subsequent to September 30, 1969 in the employ of
this state or any of its wholly owned instrumentalities or
jointly owned instrumentalities of this state and another state
or this state and one or more of its political subdivisions
shall be deemed services in employment unless such services
are excluded from the term employment by RCW 50.44.040.
The state shall make payments in lieu of contributions
with respect to benefits attributable to such employment as
provided with respect to nonprofit organizations in subsections (2) and (3) of RCW 50.44.060: PROVIDED,
HOWEVER, That for weeks of unemployment beginning
after January 1, 1979, the state shall pay in addition to the
full amount of regular and additional benefits so attributable
the full amount of extended benefits so attributable: PROVIDED, FURTHER, That no payment will be required from
the state until the expiration of the twelve-month period
following the end of the biennium in which the benefits
attributable to such employment were paid. The amount of
this payment shall include an amount equal to the amount of
interest that would have been realized for the benefit of the
unemployment compensation trust fund had such payments
been received within thirty days after the day of the quarterly billing provided for in RCW 50.44.060(2)(a). [1977 ex.s.
c 292 § 13; 1971 c 3 § 19.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.44.030 Political subdivisions, instrumentalities of
this state and other state. (1) All services performed for
any political subdivision or instrumentality of one or more
political subdivisions of this state or one or more political
subdivisions of this state and any other state after December
31, 1977, will be deemed to be services in employment to
the extent coverage is not exempted under RCW 50.44.040.
(2) All such units of government shall file, before
December 15, 1977, a written registration with the commissioner of the employment security department. Such registration shall specify the manner in which the unit of government will finance the payment of benefits. The elections
available to counties, cities and towns are the local government tax, provided for in RCW 50.44.035, or payment in
lieu of contributions, as described in RCW 50.44.060. The
elections available to other units of government are the
contributions plan in chapters 50.24 and 50.29 RCW, or
payments in lieu of contributions, described in RCW
50.44.060. Under any election the governmental unit will be
charged the full amount of regular, additional, and extended
benefits attributable to its account.
(3) A unit of government may switch from its current
method of financing the payment of benefits by electing any
other method which it would be authorized to select pursuant
to the terms of subsection (2) of this section. Notification of
such election must be filed with the commissioner no less
than thirty days prior to the taxable year for which the new
method of financing the payment of benefits is to be
effective. An election under this section shall remain in
effect for no less than two taxable years.
(4) Any political subdivision or instrumentality of more
than one political subdivision of this state is hereby autho[Title 50 RCW—page 69]
50.44.030
Title 50 RCW: Unemployment Compensation
rized to enter into agreements with other political subdivisions or instrumentalities of more than one political subdivision of this state to form pool accounts for the purpose of
making payments in lieu of contributions. These accounts
shall be formed and administered in accordance with
applicable regulations. The formation of such accounts shall
not relieve the governmental unit of the responsibility for
making required payments in the event that the pool account
does not make the payments. [1981 c 35 § 11; 1977 ex.s. c
292 § 14; 1972 ex.s. c 35 § 2; 1971 c 3 § 20.]
Severability—1981 c 35: See note following RCW 50.22.030.
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.44.035 Local government tax. (1) Any county,
city, or town not electing to make payments in lieu of
contributions shall pay a "local government tax." Taxes paid
under this section shall be paid into an administratively
identifiable account in the unemployment compensation fund.
This account shall be self-sustaining. For calendar years
1978 and 1979 all such employers shall pay local government tax at the rate of one and one-quarter percent of all
remuneration paid by the governmental unit for services in
its employment. For each year after 1979 each such
employer’s rate of tax shall be determined in accordance
with this section: PROVIDED, HOWEVER, That whenever
it appears to the commissioner that the anticipated benefit
payments from the account would jeopardize reasonable
reserves in this identifiable account the commissioner may
at the commencement of any calendar quarter, impose an
emergency excess tax of not more than one percent of
remuneration paid by the participating governmental units
which "excess tax" shall be paid in addition to the applicable
rate computed pursuant to this section until the calendar year
following the next September 1st.
(2) A reserve account shall be established for each such
employer.
(a) The "reserve account" of each such employer shall
be credited with tax amounts paid and shall be charged with
benefit amounts charged in accordance with the formula set
forth in RCW 50.44.060 as now or hereafter amended except
that such employer’s account shall be charged for the full
amount of extended benefits so attributable for weeks of
unemployment commencing after January 1, 1979. Such
credits and charges shall be cumulative from January 1,
1978.
(b) After the cutoff date, the "reserve ratio" of each such
employer shall be computed by dividing its reserve account
balance as of the computation date by the total remuneration
paid during the preceding calendar year for services in its
employment. This division shall be carried to four decimal
places, with the remaining fraction, if any, disregarded.
(3) A "benefit cost ratio" for each such employer shall
be computed by dividing its total benefit charges during the
thirty-six months ending on June 30th by its total remuneration during the three preceding calendar years: PROVIDED,
That after August 31st in 1979 each employer’s total benefit
charges for the twelve months ending on June 30th shall be
divided by its total remuneration paid in the last three
quarters of calendar year 1978; and after August 31st in
1980 each employer’s total benefit charges for the twenty[Title 50 RCW—page 70]
four months ending June 30th shall be divided by its total
remuneration paid in the last three calendar quarters of 1978
and the four calendar quarters of 1979. Such computations
shall be carried to four decimal places, with the remaining
fraction, if any, disregarded.
(4) For each such employer its benefit cost ratio shall be
subtracted from its reserve ratio. One-third of the resulting
amount shall be subtracted from its benefit cost ratio. The
resulting figure, expressed as a percentage and rounded to
the nearest tenth of one percent, shall become its local
government tax rate for the following rate year. For the rate
year 1980 no tax rate shall be less than 0.6 percent nor more
than 2.2 percent. For 1981 no tax rate shall be less than 0.4
percent nor more than 2.6 percent. For years after 1981 no
tax rate shall be less than 0.2 percent or more than 3.0 percent. No individual rate shall be increased any more than
1.0 percent from one rate year to the next.
(5) Any county, city, or town electing participation
under this section at any time after December 15, 1977, shall
be assigned a tax rate of one and one-quarter percent of total
remuneration for the first eight quarters of the participation.
(6) "Local government tax" shall be deemed to be
"contributions" to the extent that such usage is consistent
with the purposes of this title. Such construction shall
include but not be limited to those portions of this title and
the rules enacted pursuant thereto dealing with assessments,
interest, penalties, liens, collection procedures and remedies,
administrative and judicial review, and the imposition of
administrative, civil, and criminal sanctions. [1998 c 245 §
100; 1983 1st ex.s. c 23 § 22; 1977 ex.s. c 292 § 15.]
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.44.037 "Institution of higher education" defined.
For the purposes of this chapter, the term "institution of
higher education" means an educational institution in this
state which:
(1) Admits as regular students only individuals having
a certificate of graduation from a high school, or the
recognized equivalent of such a certificate;
(2) Is legally authorized within this state to provide a
program of education beyond high school;
(3) Provides an educational program for which it awards
a bachelor’s or higher degree, or provides a program which
is acceptable for full credit toward such a degree, or offers
a program of training to prepare students for gainful employment in a recognized occupation; and
(4) Is a public or other nonprofit institution.
Notwithstanding any of the foregoing subsections, all
colleges and universities in this state are "institutions of
higher education". [1977 ex.s. c 292 § 16.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.44.040 Services excluded under "employment"
for certain purposes. The term "employment" as used in
RCW 50.44.010, 50.44.020, and 50.44.030 shall not include
service performed:
(1) In the employ of (a) a church or convention or
association of churches, or (b) an organization which is
(2002 Ed.)
Special Coverage Provisions
operated primarily for religious purposes and which is
operated, supervised, controlled, or principally supported by
a church or convention or association of churches; or
(2) By a duly ordained, commissioned, or licensed
minister of a church in the exercise of his ministry or by a
member of a religious order in the exercise of duties
required by such order; or
(3) Before January 1, 1978, in the employ of a nongovernmental educational institution, approved or accredited by
the state board of education, which is not an "institution of
higher education"; or
(4) In a facility conducted for the purpose of carrying
out a program of (a) rehabilitation for individuals whose
earning capacity is impaired by age or physical or mental
deficiency or injury, or (b) providing remunerative work for
individuals who because of their impaired physical or mental
capacity cannot be readily absorbed in the competitive labor
market, by an individual receiving such rehabilitation or
remunerative work; or
(5) As part of an unemployment work-relief or worktraining program assisted or financed in whole or in part by
a federal agency or an agency of a state or political subdivision thereof, by an individual receiving such work-relief or
work-training; or
(6) For a custodial or penal institution by an inmate of
the custodial or penal institution; or
(7) In the employ of a hospital, if such service is
performed by a patient of such hospital; or
(8) In the employ of a school, college, or university, if
such service is performed (a) by a student who is enrolled
and is regularly attending classes at such school, college, or
university, or (b) by the spouse of such a student, if such
spouse is advised, at the time such spouse commences to
perform such service, that (i) the employment of such spouse
to perform such service is provided under a program to
provide financial assistance to such student by such school,
college, or university, and (ii) such employment will not be
covered by any program of unemployment insurance; or
(9) By an individual under the age of twenty-two who
is enrolled at a nonprofit or public educational institution
which normally maintains a regular faculty and curriculum
and normally has a regularly organized body of students in
attendance at the place where its educational activities are
carried on as a student in a full time program, taken for
credit at such institution, which combines academic instruction with work experience, if such service is an integral part
of such program, and such institution has so certified to the
employee, except that this subsection shall not apply to
service performed in a program established for or on behalf
of an employer or group of employers; or
(10) Before January 1, 1978, in the employ of the state
or one of its instrumentalities or a political subdivision or
one of its instrumentalities by an individual who is (a)
occupying an elective office, or (b) who is compensated
solely on a fee or per diem basis; or
(11) Before January 1, 1978, in the employ of the
legislature of the state of Washington by an individual who
is compensated pursuant to an agreement which provides for
a guaranteed rate of compensation for irregular hours
worked; or
(12) In the employ of a nongovernmental preschool
which is devoted exclusively to the area of child develop(2002 Ed.)
50.44.040
ment training of preschool age children through an established curriculum of formal classroom or laboratory instruction which did not employ four or more individuals on each
of some twenty days during the calendar year or the preceding calendar year, each day being in a different calendar
week; or
(13) After December 31, 1977, in the employ of the
state or any of its instrumentalities or political subdivisions
of this state in any of its instrumentalities by an individual
in the exercise of duties:
(a) As an elected official;
(b) As a member of the national guard or air national
guard; or
(c) In a policymaking position the performance of the
duties of which ordinarily do not require more than eight
hours per week. [1977 ex.s. c 292 § 17; 1975 1st ex.s. c 67
§ 1; 1975 c 4 § 1; 1973 c 73 § 9; 1971 c 3 § 21.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
Effective dates—1973 c 73: See note following RCW 50.04.030.
Exemption from unemployment compensation coverage
conservation corps members: RCW 43.220.170.
Washington service corps enrollees: RCW 50.65.120.
50.44.050 Benefits payable, terms and conditions—
"Academic year" defined. Except as otherwise provided
in subsections (1) through (4) of this section, benefits based
on services in employment covered by or pursuant to this
chapter shall be payable on the same terms and subject to
the same conditions as compensation payable on the basis of
other service subject to this title.
(1) Benefits based on any and all service in an instructional, research, or principal administrative capacity for any
and all educational institutions shall not be paid to an
individual for any week of unemployment which commences
during the period between two successive academic years or
between two successive academic terms within an academic
year (or, when an agreement provides instead for a similar
period between two regular but not successive terms within
an academic year, during such period) if such individual
performs such services in the first of such academic years or
terms and if there is a contract or reasonable assurance that
such individual will perform services in any such capacity
for any educational institution in the second of such academic years or terms. Any employee of a common school
district who is presumed to be reemployed pursuant to RCW
28A.405.210 shall be deemed to have a contract for the
ensuing term.
(2) Benefits shall not be paid based on any and all
services in any other capacity for any and all educational
institutions for any week of unemployment which commences during the period between two successive academic years
or between two successive academic terms within an
academic year, if such individual performs such services in
the first of such academic years or terms and there is a
reasonable assurance that such individual will perform such
services in the second of such academic years or terms:
PROVIDED, That if benefits are denied to any individual
under this subsection and that individual was not offered an
opportunity to perform such services for the educational
institution for the second of such academic years or terms,
the individual is entitled to a retroactive payment of benefits
[Title 50 RCW—page 71]
50.44.050
Title 50 RCW: Unemployment Compensation
for each week for which the individual filed a timely claim
for benefits and for which benefits were denied solely by
reason of this subsection.
(3) Benefits shall not be paid based on any services
described in subsections (1) and (2) of this section for any
week of unemployment which commences during an
established and customary vacation period or holiday recess
if such individual performs such services for any educational
institution in the period immediately before such vacation
period or holiday recess, and there is a reasonable assurance
that such individual will perform such services for any
educational institution in the period immediately following
such vacation period or holiday recess.
(4) Benefits shall not be paid (as specified in subsections (1), (2), or (3) of this section) based on any services
described in subsections (1) or (2) of this section to any
individual who performed such services in any educational
institution while in the employ of an educational service
district which is established pursuant to chapter 28A.310
RCW and exists to provide services to local school districts.
(5) As used in this section, "academic year" means:
Fall, winter, spring, and summer quarters or comparable
semesters unless, based upon objective criteria including
enrollment and staffing, the quarter or comparable semester
is not in fact a part of the academic year for the particular
institution. [2001 c 100 § 2; 1998 c 233 § 2; 1995 c 296 §
2; 1990 c 33 § 587; 1984 c 140 § 2; 1983 1st ex.s. c 23 §
23; 1981 c 35 § 12; 1980 c 74 § 2; 1977 ex.s. c 292 § 18;
1975 1st ex.s. c 288 § 17; 1973 c 73 § 10; 1971 c 3 § 22.]
Intent—Findings—2001 c 100: "It is the intent of the legislature to
clarify requirements related to the use of base year hours and wages for
certain employees at educational institutions, for the purpose of determining
eligibility for unemployment insurance benefits.
The legislature finds that, unless clarified, Washington’s unemployment compensation law may be out of conformity with the federal
unemployment tax act, which poses a significant economic risk to the state’s
private employers, the state’s general fund, and to the administration of the
state’s unemployment insurance system. It is the intent of the legislature to
change Washington’s unemployment law only to the extent necessary to
ensure it conforms with federal law governing the use of base year hours
and wages earned at educational institutions.
The legislature finds that the United States department of labor will
rely on state law and its application as interpreted in state court decisions,
especially Pechman v. Employment Security, to determine if Washington
state law conforms to federal guidelines in this area. Therefore, it is the
intent of the legislature to clearly communicate to the courts that the
purpose for the section 2, chapter 100, Laws of 2001 amendment to RCW
50.44.050 is to interpret state law in a manner that conforms to federal
guidelines.
The legislature finds that federal law requires that school hours and
wages in the base year must be restricted from use to establish eligibility for
an unemployment compensation claim for employees of educational
institutions during specified times. Further, federal law specifies that when
required to restrict base year school hours and wages, it must be any and all
hours and wages from any and all educational institutions, not just the hours
and wages from institutions where there is a reasonable assurance of
returning to work following a customary nonwork period. Therefore, it is
the intent of the legislature to restrict hours worked and wages earned as
required by federal law.
Customary nonwork periods for educational institutions include:
(1) The period between two successive academic years;
(2) The period between two successive academic terms within an
academic year;
(3) A similar period between two regular but not successive terms
within an academic year; or
(4) An established and customary vacation period or holiday recess.
Restricted use of base year hours and wages from educational
institutions shall occur only in the circumstances described in RCW
50.44.050 (as amended by chapter 100, Laws of 2001) and in RCW
[Title 50 RCW—page 72]
50.44.053, and as further defined in rules promulgated by the employment
security department." [2001 c 100 § 1.]
Conflict with federal requirements—2001 c 100: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is inoperative solely to the extent of the
conflict, and the finding or determination does not affect the operation of
the remainder of this act. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal funds
by the state or the granting of federal unemployment tax credits to
employers in this state." [2001 c 100 § 3.]
Effective date—2001 c 100: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 19, 2001]." [2001 c 100 § 4.]
Intent—Findings—1998 c 233: "It is the intent of the legislature to
clarify requirements related to unemployment compensation for employees
at educational institutions.
The legislature finds that, unless clarified, Washington’s unemployment compensation law may be out of conformity with the federal
unemployment tax act, which finding poses a significant economic risk to
the state’s private employers and to the administration of the state’s
unemployment insurance system. It is the intent of the legislature, by the
1998, chapter 233 amendments to RCW 50.44.050 and 50.44.053, to bring
Washington’s unemployment compensation law into conformity with federal
law in these areas of concern.
The legislature finds that some instructional staff at the state’s
educational institutions receive an appointment of employment for an
indefinite period while others may face circumstances that do not provide
a reasonable expectation of employment during an ensuing academic year
or term.
Therefore, it is the intent of the legislature that the employment
security department continue to make determinations of educational
employees’ eligibility for unemployment compensation for the period
between academic years or terms based on a finding of reasonable assurance
that the employee will have employment for the ensuing academic year or
term and that the determination in each employee’s case is made on an
individual basis, consistent with federal guidelines. This determination must
take into consideration contingencies that may exist in fact in an individual
case. The 1998, chapter 233 amendment to RCW 50.44.053 is not intended
to change the practice used by the employment security department when
determining reasonable assurance. If, during fact-finding, there is a
disagreement about whether an individual has reasonable assurance, the
educational institution must provide documentation that reasonable
assurance exists for that individual." [1998 c 233 § 1.]
Conflict with federal requirements—1998 c 233: "If any part of
this act is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is inoperative solely to the extent of the
conflict, and the finding or determination does not affect the operation of
the remainder of this act. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal funds
by the state or the granting of federal unemployment tax credits to
employers in this state." [1998 c 233 § 5.]
Effective date—1998 c 233: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 30, 1998]." [1998 c 233 § 6.]
Severability—Conflict with federal requirements—Effective date—
1995 c 296: See notes following RCW 50.04.320.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Effective date—Applicability—1984 c 140: "This act is necessary
for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect immediately [March 7, 1984]. This act shall apply to weeks of
unemployment beginning on or after April 1, 1984." [1984 c 140 § 3.]
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective dates—Severability—1981 c 35: See notes following RCW
50.22.030.
(2002 Ed.)
Special Coverage Provisions
Severability—Effective dates—1980 c 74: See notes following RCW
50.04.323.
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
Effective date—1975 1st ex.s. c 228: See note following RCW
50.04.355.
Effective dates—1973 c 73: See note following RCW 50.04.030.
50.44.053 "Reasonable assurance" defined—
Presumption, employees of educational institutions. (1)
The term "reasonable assurance," as used in RCW 50.44.050,
means a written, verbal, or implied agreement that the
employee will perform services in the same capacity during
the ensuing academic year or term as in the first academic
year or term. A person shall not be deemed to be performing services "in the same capacity" unless those services are
rendered under the same terms or conditions of employment
in the ensuing year as in the first academic year or term.
(2) An individual who is tenured or holds tenure track
status is considered to have reasonable assurance, unless
advised otherwise by the college. For the purposes of this
section, tenure track status means a probationary faculty
employee having an opportunity to be reviewed for tenure.
(3) In the case of community and technical colleges
assigned the standard industrial classification code 8222 or
the North American industry classification system code
611210 for services performed in a principal administrative,
research, or instructional capacity, a person is presumed not
to have reasonable assurance under an offer that is conditioned on enrollment, funding, or program changes. It is the
college’s burden to provide sufficient documentation to
overcome this presumption. Reasonable assurance must be
determined on a case-by-case basis by the total weight of
evidence rather than the existence of any one factor. Primary weight must be given to the contingent nature of an
offer of employment based on enrollment, funding, and
program changes. [2001 c 99 § 2; 1998 c 233 § 3; 1995 c
296 § 3; 1985 ex.s. c 5 § 9.]
Conflict with federal requirements—2001 c 99: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the
finding or determination does not affect the operation of the remainder of
this act. Rules adopted under this act must meet federal requirements that
are a necessary condition to the receipt of federal funds by the state or the
granting of federal unemployment tax credits to employers in this state."
[2001 c 99 § 4.]
Severability—2001 c 99: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2001 c 99 § 5.]
Applicability—2001 c 99: "This act applies to weeks that begin after
March 31, 2001." [2001 c 99 § 6.]
Effective date—2001 c 99: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 19, 2001]." [2001 c 99 § 7.]
Intent—Findings—Conflict with federal requirements—Effective
date—1998 c 233: See notes following RCW 50.44.050.
Severability—Conflict with federal requirements—Effective date—
1995 c 296: See notes following RCW 50.04.320.
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
(2002 Ed.)
50.44.050
50.44.055 Finding—Intent—Reasonable assurance,
application to employees of educational institutions. The
legislature finds the interests of the state and its citizens are
best served by a strong community and technical college
system. As described by their establishing legislation, these
two-year institutions are an independent, unique, and vital
section of our state’s higher education system, separate from
both the common school system and other institutions of
higher education. Paramount to that system’s success is the
attraction and retention of qualified instructors. In order to
attract and retain instructors, those who are subject to
uncertainties of employment must be provided assurance
their economic needs are addressed. Over time, a change in
hiring patterns has occurred, and for the last decade a
substantial portion of community and technical college
faculty are hired on a contingent, as needed, basis. That
contingent nature distinguishes them from the more stable,
majority employment found in the common school system
and in the other institutions of higher education. Contingent
assurances of future employment are often speculative and
do not rise to the level of other forms of assurance. As
such, assurances conditioned on forecast enrollment, funding,
or program decisions are typically not reasonable assurances
of employment.
It is the intent of the legislature that reasonable assurance continue to apply to all employees of educational
institutions as required by federal provisions and RCW
50.44.080. [2001 c 99 § 1.]
Conflict with federal requirements—Severability—Applicability—
Effective date—2001 c 99: See notes following RCW 50.44.053.
50.44.060 Nonprofit organization employees—
Financing of benefits—Election of payments in lieu of
contributions. Benefits paid to employees of "nonprofit
organizations" shall be financed in accordance with the
provisions of this section. For the purpose of this section
and RCW 50.44.070, the term "nonprofit organization" is
limited to those organizations described in RCW 50.44.010,
and joint accounts composed exclusively of such organizations.
(1) Any nonprofit organization which is, or becomes
subject to this title on or after January 1, 1972 shall pay
contributions under the provisions of RCW 50.24.010 and
chapter 50.29 RCW, unless it elects, in accordance with this
subsection, to pay to the commissioner for the unemployment compensation fund an amount equal to the full amount
of regular and additional benefits and one-half of the amount
of extended benefits paid to individuals for weeks of
unemployment that are based upon wages paid or payable
during the effective period of such election to the extent that
such payments are attributable to service in the employ of
such nonprofit organization.
(a) Any nonprofit organization which becomes subject
to this title after January 1, 1972 may elect to become liable
for payments in lieu of contributions for a period of not less
than twelve months beginning with the date on which such
subjectivity begins by filing a written notice of its election
with the commissioner not later than thirty days immediately
following the date of the determination of such subjectivity.
(b) Any nonprofit organization which makes an election
in accordance with paragraph (a) of this subsection will
continue to be liable for payments in lieu of contributions
[Title 50 RCW—page 73]
50.44.060
Title 50 RCW: Unemployment Compensation
until it files with the commissioner a written notice terminating its election not later than thirty days prior to the beginning of the taxable year for which such termination shall
first be effective.
(c) Any nonprofit organization which has been paying
contributions under this title for a period subsequent to
January 1, 1972 may change to a reimbursable basis by
filing with the commissioner not later than thirty days prior
to the beginning of any taxable year a written notice of
election to become liable for payments in lieu of contributions. Such election shall not be terminable by the organization for that and the next year.
(d) The commissioner may for good cause extend the
period within which a notice of election, or a notice of
termination, must be filed and may permit an election to be
retroactive but not any earlier than with respect to benefits
paid after December 31, 1969.
(e) The commissioner, in accordance with such regulations as the commissioner may prescribe, shall notify each
nonprofit organization of any determination which the
commissioner may make of its status as an employer and of
the effective date of any election which it makes and of any
termination of such election. Any nonprofit organization
subject to such determination and dissatisfied with such
determination may file a request for review and redetermination with the commissioner within thirty days of the mailing
of the determination to the organization. Should such
request for review and redetermination be denied, the
organization may, within ten days of the mailing of such
notice of denial, file with the appeal tribunal a petition for
hearing which shall be heard in the same manner as a
petition for denial of refund. The appellate procedure
prescribed by this title for further appeal shall apply to all
denials of review and redetermination under this paragraph.
(2) Payments in lieu of contributions shall be made in
accordance with the provisions of this section including
either paragraph (a) or (b) of this subsection.
(a) At the end of each calendar quarter, the commissioner shall bill each nonprofit organization or group of such
organizations which has elected to make payments in lieu of
contributions for an amount equal to the full amount of
regular and additional benefits plus one-half of the amount
of extended benefits paid during such quarter that is attributable to service in the employ of such organization.
(b)(i) Each nonprofit organization that has elected
payments in lieu of contributions may request permission to
make such payments as provided in this paragraph. Such
method of payment shall become effective upon approval by
the commissioner.
(ii) At the end of each calendar quarter, or at the end of
such other period as determined by the commissioner, the
commissioner shall bill each nonprofit organization for an
amount representing one of the following:
(A) The percentage of its total payroll for the immediately preceding calendar year as the commissioner shall
determine. Such determination shall be based each year on
the average benefit costs attributable to service in the employ
of nonprofit organizations during the preceding calendar
year.
(B) For any organization which did not pay wages
throughout the four calendar quarters of the preceding
[Title 50 RCW—page 74]
calendar year, such percentage of its payroll during such
year as the commissioner shall determine.
(iii) At the end of each taxable year, the commissioner
may modify the quarterly percentage of payroll thereafter
payable by the nonprofit organization in order to minimize
excess or insufficient payments.
(iv) At the end of each taxable year, the commissioner
shall determine whether the total of payments for such year
made by a nonprofit organization is less than, or in excess
of, the total amount of regular and additional benefits plus
one-half of the amount of extended benefits paid to individuals during such taxable year based on wages attributable to
service in the employ of such organization. Each nonprofit
organization whose total payments for such year are less
than the amount so determined shall be liable for payment of
the unpaid balance to the fund in accordance with paragraph
(c). If the total payments exceed the amount so determined
for the taxable year, all of the excess payments will be
retained in the fund as part of the payments which may be
required for the next taxable year, or a part of the excess
may, at the discretion of the commissioner, be refunded from
the fund or retained in the fund as part of the payments
which may be required for the next taxable year.
(c) Payment of any bill rendered under paragraph (a) or
(b) shall be made not later than thirty days after such bill
was mailed to the last known address of the nonprofit
organization or was otherwise delivered to it, and if not paid
within such thirty days, the reimbursement payments
itemized in the bill shall be deemed to be delinquent and the
whole or part thereof remaining unpaid shall bear interest
and penalties from and after the end of such thirty days at
the rate and in the manner set forth in RCW 50.12.220 and
50.24.040.
(d) Payments made by any nonprofit organization under
the provisions of this section shall not be deducted or
deductible, in whole or in part, from the remuneration of
individuals in the employ of the organization. Any deduction in violation of the provisions of this paragraph shall be
unlawful.
(3) Each employer that is liable for payments in lieu of
contributions shall pay to the commissioner for the fund the
total amount of regular and additional benefits plus the
amount of one-half of extended benefits paid that are
attributable to service in the employ of such employer. If
benefits paid to an individual are based on wages paid by
more than one employer and one or more of such employers
are liable for payments in lieu of contributions, the amount
payable to the fund by each employer that is liable for such
payments shall be determined in accordance with the
provisions of paragraphs (a) and (b) of this subsection.
(a) If benefits paid to an individual are based on wages
paid by one or more employers that are liable for payments
in lieu of contributions and on wages paid by one or more
employers who are liable for contributions, the amount of
benefits payable by each employer that is liable for payments
in lieu of contributions shall be an amount which bears the
same ratio to the total benefits paid to the individual as the
total base-period wages paid to the individual by such
employer bear to the total base-period wages paid to the
individual by all of his base-period employers.
(b) If benefits paid to an individual are based on wages
paid by two or more employers that are liable for payments
(2002 Ed.)
Special Coverage Provisions
in lieu of contributions, the amount of benefits payable by
each such employer shall be an amount which bears the
same ratio to the total benefits paid to the individual as the
total base-period wages paid to the individual by such
employer bear to the total base-period wages paid to the
individual by all of his base-period employers. [1990 c 245
§ 9; 1983 1st ex.s. c 23 § 24; 1977 ex.s. c 292 § 19; 1971
c 3 § 23.]
Conflict with federal requirements—Effective dates—1990 c 245:
See notes following RCW 50.04.030.
Conflict with federal requirements—Effective dates—
Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.44.070 Election to make payments in lieu of
contributions—Bond or deposit. In the discretion of the
commissioner, any nonprofit organization that elects to
become liable for payments in lieu of contributions shall be
required within thirty days after the effective date of its
election, to execute and file with the commissioner a surety
bond approved by the commissioner or it may elect instead
to deposit with the commissioner money or securities. The
amount of such bond or deposit shall be determined in
accordance with the provisions of this section.
(1) The amount of the bond or deposit required by this
subsection shall be an amount deemed by the commissioner
to be sufficient to cover any reimbursement payments which
may be required from the employer attributable to employment during any year for which the election is in effect but
in no event shall such amount be in excess of the amount
which said employer would pay for such year if he were
subject to the contribution provisions of this title. The
determination made pursuant to this subsection shall be
based on payroll information, employment experience, and
such other factors as the commissioner deems pertinent.
(2) Any bond deposited under this section shall be in
force for a period of not less than two taxable years and
shall be renewed with the approval of the commissioner, at
such times as the commissioner may prescribe, but not less
frequently than at two-year intervals as long as the organization continues to be liable for payments in lieu of contributions. The commissioner shall require adjustments to be
made in a previously filed bond as he deems appropriate. If
the bond is to be increased, the adjusted bond shall be filed
by the organization within thirty days of the date notice of
the required adjustment was mailed or otherwise delivered to
it. Failure by any organization covered by such bond to pay
the full amount of payments in lieu of contributions when
due, together with any applicable interest and penalties
provided for in this title, shall render the surety liable on
said bond to the extent of the bond, as though the surety was
such organization.
(3) Any deposit of money or securities in accordance
with this section shall be retained by the commissioner in an
escrow account until liability under the election is terminated, at which time it shall be returned to the organization, less
any deductions as hereinafter provided. The commissioner
may deduct from the money deposited under this section by
a nonprofit organization or sell the securities it has so
deposited to the extent necessary to satisfy any due and
unpaid payments in lieu of contributions and any applicable
(2002 Ed.)
50.44.060
interest and penalties provided for in this act. The commissioner shall require the organization within thirty days
following any deduction from a money deposit or sale of
deposited securities under the provisions of this subsection
to deposit sufficient additional money or securities to make
whole the organization’s deposit at the prior level. Any cash
remaining from the sale of such securities shall be a part of
the organization’s escrow account. The commissioner may,
at any time review the adequacy of the deposit made by any
organization. If, as a result of such review, he determines
that an adjustment is necessary he shall require the organization to make an additional deposit within thirty days of written notice of his determination or shall return to it such
portion of the deposit as he no longer considers necessary,
whichever action is appropriate. Disposition of income from
securities held in escrow shall be governed by the applicable
provisions of the state law.
(4) If any nonprofit organization fails to file a bond or
make a deposit, or to file a bond in an increased amount or
to increase or make whole the amount of a previously made
deposit, as provided under this section, the commissioner
may terminate such organization’s election to make payments in lieu of contributions and such termination shall
continue for not less than the four-consecutive-calendarquarter period beginning with the quarter in which termination becomes effective: PROVIDED, That the commissioner
may extend for good cause the applicable filing, deposit or
adjustment period by not more than thirty days. [1973 c 73
§ 11; 1971 c 3 § 24.]
Effective dates—1973 c 73: See note following RCW 50.04.030.
50.44.080 Construction—Compliance with federal
unemployment tax act, department of labor guidelines.
In view of the importance of compliance of this chapter with
the federal unemployment tax act, any ambiguities contained
herein should be resolved in a manner consistent with the
provisions of that act. Department of labor guidelines
implementing chapter 99, Laws of 2001 should be referred
to when interpreting the provisions of this chapter.
Language in this chapter concerning the extension of
coverage to employers entitled to make payments in lieu of
contributions should, in a manner consistent with the
foregoing paragraph, be construed so as to have a minimum
financial impact on the employers subject to the experience
rating provisions of this title. [2001 c 99 § 3; 1971 c 3 §
25.]
Conflict with federal requirements—Severability—Applicability—
Effective date—2001 c 99: See notes following RCW 50.44.053.
50.44.090 Construction—Mandatory coverage of
employees of political subdivision under 1977 ex.s. c 292.
(1) The provisions of chapter 292, Laws of 1977 ex. sess.
mandating coverage of employees of political subdivisions
have been enacted to comply with the provisions of Public
Law 94-566. Therefore, as provided in subsection (2), this
mandatory feature shall be contingent on the existence of
valid and constitutional federal law requiring the Secretary
of Labor to refuse to certify as approved the employment
security laws of this state if such laws did not continue such
mandatory coverage.
[Title 50 RCW—page 75]
50.44.090
Title 50 RCW: Unemployment Compensation
(2) In the event the mandatory coverage feature for
political subdivisions ceases to be necessary for compliance
with valid and constitutional federal law, then the mandatory
feature of chapter 292, Laws of 1977 ex. sess. shall cease to
be effective as of the end of the next quarter following the
quarter in which the mandatory feature contained in chapter
292, Laws of 1977 ex. sess. is not necessary for such
compliance.
(3) In the event mandatory coverage ceases to be
effective pursuant to subsection (2), then the sections, or
subsections as the case may be, of chapter 292, Laws of
1977 ex. sess. shall to the extent that they apply to coverage
of employees of political subdivisions be deemed nullified
and the language of the sections being amended shall be
deemed reinstated as the laws of this state.
(4) Benefits paid based on the services covered during
the effective life of the mandatory coverage feature shall be
financed as follows:
(a) If the political subdivision was financing payment of
benefits on a reimbursable basis, benefits attributable to
employment with the political subdivision shall be assessed
to and paid by the political subdivision;
(b) If the political subdivision is a county, city, or town
which elected financing pursuant to RCW 50.44.035, such
political subdivision will pay "the local government tax" for
all earnings by employees through the end of the calendar
quarter in which the mandatory coverage is no longer
effective pursuant to subsection (2);
(c) If the political subdivision was financing benefits by
the contribution method it will pay contributions on wages
earned by its employees through the end of the calendar
quarter in which mandatory coverage is no longer effective
pursuant to subsection (2). [1977 ex.s. c 292 § 23.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
Chapter 50.50
INDIAN TRIBES
Sections
50.50.010
50.50.020
50.50.030
50.50.040
50.50.050
50.50.060
50.50.070
50.50.900
50.50.901
50.50.902
50.50.903
Employment.
Benefits—Generally.
Contributions—Election of payments in lieu of contributions.
Option to make payments in lieu of contributions—
Revocation—Reinstatement—Notices.
Notices—Contents.
Extended benefits—Financing by Indian tribe.
Indian tribes subject to same terms and conditions as other
employers.
Conflict with federal requirements—2001 1st sp.s. c 11.
Severability—2001 1st sp.s. c 11.
Effective date—2001 1st sp.s. c 11.
Retroactive application—2001 1st sp.s. c 11.
50.50.010 Employment. The term "employment"
includes service performed in the employ of an Indian tribe,
as defined in section 3306(u) of the federal unemployment
tax act, provided such service is excluded from "employment" as defined in the federal unemployment tax act solely
by reason of section 3306(c)(7), the federal unemployment
tax act, and is not otherwise excluded from "employment"
under this title. For purposes of this section, the exclusions
[Title 50 RCW—page 76]
from employment in RCW 50.44.040, except RCW
50.44.040(12) addressing nongovernmental preschools, are
applicable to services performed in the employ of an Indian
tribe. [2001 1st sp.s. c 11 § 3.]
50.50.020 Benefits—Generally. Benefits based on
service in employment defined in this chapter are payable in
the same amount, on the same terms, and subject to the same
conditions as benefits payable on the basis of other service
under this title. [2001 1st sp.s. c 11 § 4.]
50.50.030 Contributions—Election of payments in
lieu of contributions. (1) Indian tribes or tribal units,
including subdivisions, subsidiaries, or business enterprises
wholly owned by such Indian tribes, subject to this title shall
pay contributions under the same terms and conditions as all
other subject employers, unless they elect to pay into the
unemployment compensation fund amounts equal to the
amount of benefits attributable to service in the employ of
the Indian tribe.
(2) Indian tribes electing to make payments in lieu of
contributions shall make such election in the same manner
and under the same conditions as provided in RCW
50.44.030 pertaining to other units of government subject to
this title. Indian tribes shall determine if reimbursement for
benefits paid are to be elected by the tribe as a whole, by
individual tribal units, or by combinations of tribal units.
(3) Indian tribes or tribal units shall be billed for the full
amount of benefits attributable to service in the employ of
the Indian tribe or tribal unit on the same schedule as other
employing units that have elected to make payments in lieu
of contributions.
(4) At the discretion of the commissioner and on the
same basis as other employers with the same election option,
any Indian tribe or tribal unit that elects to become liable for
payments in lieu of contributions is required, within thirty
days after the effective date of its election, to: (a) Execute
and file with the commissioner a surety bond approved by
the commissioner; or (b) deposit with the commissioner
money or securities in an amount determined by the commissioner. [2001 1st sp.s. c 11 § 5.]
50.50.040 Option to make payments in lieu of
contributions—Revocation—Reinstatement—Notices.
(1)(a) The commissioner shall revoke the option for an
Indian tribe or tribal unit to make payments in lieu of
contributions as described in RCW 50.50.030 if the Indian
tribe or tribal unit: (i) Did not make payments, including
assessments of interest and penalties, required under this
chapter within ninety days of receipt of statement; or (ii)
entered into an approved agency deferred payment contract,
and was not in compliance with the contract on the cutoff
date, as authorized in chapter 50.29 RCW. The revocation
shall begin on January 1 of the first calendar year after the
Indian tribe or tribal unit meets these conditions, and shall
continue until the option is reinstated as described in (b) of
this subsection.
(b) The commissioner shall reinstate the option if, as of
the cutoff date, an Indian tribe or tribal unit whose option
was revoked as described in (a) of this subsection: (i) Paid
contributions owed in the current calendar year when due;
(2002 Ed.)
Indian Tribes
and (ii) made required payments, including assessments of
interest and penalties, for any preceding calendar years. The
reinstatement shall begin on January 1 of the first calendar
year after the Indian tribe or tribal unit satisfies these
conditions.
(2)(a) Services performed for an Indian tribe or tribal
unit are not services in "employment" for purposes of RCW
50.04.265 and 50.50.010 if:
(i) The Indian tribe or tribal unit elected to make
payments in lieu of contributions, had the option revoked,
and has not met the conditions for reinstatement of the
option; and
(ii) The Indian tribe or tribal unit either: (A) Did not
make required payments, including assessments of interest
and penalties, within one hundred eighty days of receipt of
statement; or (B) entered into an approved agency deferred
payment contract, and was not in compliance with the
contract on the last day of the current calendar quarter.
This revocation of coverage shall begin on the first day
of the first calendar quarter after the Indian tribe or tribal
unit meets these conditions, and shall continue until coverage
is reinstated as described in (c) of this subsection.
(b) Services performed for an Indian tribe or tribal unit
are not services in "employment" for purposes of RCW
50.04.265 and 50.50.010 if:
(i) The Indian tribe or tribal unit is a contributionpaying employer; and
(ii) The Indian tribe or tribal unit either: (A) Did not
make required payments, including assessments of interest
and penalties, within one hundred eighty days of receipt of
statement; or (B) entered into an approved agency deferred
payment contract, and was not in compliance with the
contract on the last day of the current calendar quarter.
This revocation of coverage shall begin on the first day
of the first calendar quarter after the Indian tribe or tribal
unit meets these conditions, and shall continue until coverage
is reinstated as described in (c) of this subsection.
(c) The commissioner may reinstate coverage if the
Indian tribe or tribal unit has made required payments,
including assessments of interest and penalties. This reinstatement of coverage may begin on the first day of the first
calendar quarter after these payments are made.
(3)(a) The commissioner shall immediately notify the
United States internal revenue service and the United States
department of labor if an Indian tribe or tribal unit does not
make required payments, including assessments of interest
and penalties, within ninety days of receipt of statement.
(b) The commissioner shall immediately notify the
United States internal revenue service and the United States
department of labor of any revocation or reinstatement of the
option to make payments in lieu of contributions under
subsection (1) of this section or any revocation or reinstatement of coverage under subsection (2) of this section. [2001
1st sp.s. c 11 § 6.]
50.50.040
payments in lieu of contributions; and (3) causes the Indian
tribe to be excepted from the definition of "employing unit,"
as provided in RCW 50.04.090, and services in the employ
of the Indian tribe, as provided in RCW 50.04.265 and
50.50.010, to be excepted from "employment." [2001 1st
sp.s. c 11 § 7.]
50.50.060 Extended benefits—Financing by Indian
tribe. Extended benefits paid that are attributable to service
in the employ of an Indian tribe and not reimbursed by the
federal government must be financed in their entirety by
such Indian tribe. [2001 1st sp.s. c 11 § 8.]
50.50.070 Indian tribes subject to same terms and
conditions as other employers. Unless specifically addressed in this chapter, Indian tribes or their tribal units are
subject to the same terms and conditions as are other
employers subject to contributions under RCW 50.29.020 or
other units of government under RCW 50.44.030 that make
payments in lieu of contributions. [2001 1st sp.s. c 11 § 9.]
50.50.900 Conflict with federal requirements—2001
1st sp.s. c 11. If any part of this act is found to be in
conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is inoperative
solely to the extent of the conflict, and the finding or
determination does not affect the operation of the remainder
of this act. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax credits to employers in this state. [2001 1st
sp.s. c 11 § 10.]
50.50.901 Severability—2001 1st sp.s. c 11. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [2001 1st sp.s. c 11 § 11.]
50.50.902 Effective date—2001 1st sp.s. c 11. This
act is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government
and its existing public institutions, and takes effect immediately [June 11, 2001]. [2001 1st sp.s. c 11 § 12.]
50.50.903 Retroactive application—2001 1st sp.s. c
11. This act applies retroactively to services performed on
or after December 21, 2000. Indian tribes or tribal units
may elect to make payments in lieu of contributions effective
December 21, 2000, or a subsequent date. [2001 1st sp.s. c
11 § 13.]
50.50.050 Notices—Contents. Notices of payment
and reporting delinquency to Indian tribes or their tribal units
must include information that failure to make full payment
within the prescribed time frames: (1) Causes the Indian
tribe to be liable for taxes under the federal unemployment
tax act; (2) causes the Indian tribe to lose the option to make
(2002 Ed.)
[Title 50 RCW—page 77]
Chapter 50.60
Title 50 RCW: Unemployment Compensation
Chapter 50.60
SHARED WORK COMPENSATION
PLANS—BENEFITS
Sections
50.60.010
50.60.020
50.60.030
50.60.040
50.60.050
50.60.060
50.60.070
50.60.080
50.60.090
50.60.100
50.60.110
50.60.120
50.60.900
50.60.901
50.60.902
Legislative intent.
Definitions.
Compensation plan—Criteria for approval.
Compensation plan—Approval or rejection—Resubmission.
Approved plan—Misrepresentation—Penalties.
Approved plan—Effective date—Expiration.
Approved plan—Revocation—Review of plans.
Approved plan—Modification.
Shared work benefits—Eligibility.
Benefits—Weekly amount—Maximum entitlement—
Claims—Conditions.
Benefits—Charge to employers’ experience rating accounts.
Benefits—Exhaustee.
Title and rules to apply to shared work benefits—Conflict
with federal requirements.
Rules.
Effective date—1983 c 207.
50.60.010 Legislative intent. In order to provide an
economic climate conducive to the retention of skilled
workers in industries adversely affected by general economic
downturns and to supplement depressed buying power of
employees affected by such downturns, the legislature finds
that the public interest would be served by the enactment of
laws providing greater flexibility in the payment of unemployment compensation benefits in situations where qualified
employers elect to retain employees at reduced hours rather
than instituting layoffs. [1983 c 207 § 1.]
50.60.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Affected unit" means a specified plant, department,
shift, or other definable unit consisting of one or more
employees, to which an approved shared work compensation
plan applies.
(2) "Fringe benefits" include health insurance, retirement
benefits under benefit pension plans as defined in section
3(35) of the employee retirement income security act of
1974, paid vacation and holidays, and sick leave, which are
incidents of employment in addition to cash remuneration.
(3) "Shared work benefits" means the benefits payable
to employees in an affected unit under an approved shared
work compensation plan as distinguished from the benefits
otherwise payable under this title.
(4) "Shared work compensation plan" means a plan of
an employer, or of an employers’ association, under which
there is a reduction in the number of hours worked by employees rather than temporary layoffs.
(5) "Shared work employer" means an employer, one or
more of whose employees are covered by a shared work
compensation plan.
(6) "Usual weekly hours of work" means the normal
number of hours of work for full-time employees in the
affected unit when that unit is operating on a full-time basis,
not to exceed forty hours and not including overtime.
(7) "Unemployment compensation" means the benefits
payable under this title other than shared work benefits and
includes any amounts payable pursuant to an agreement
[Title 50 RCW—page 78]
under federal law providing for compensation, assistance, or
allowances with respect to unemployment.
(8) "Employers’ association" means an association
which is a party to a collective bargaining agreement under
which there is a shared work compensation plan. [1983 c
207 § 2.]
50.60.030 Compensation plan—Criteria for approval. An employer or employers’ association wishing to
participate in a shared work compensation program shall
submit a written and signed shared work compensation plan
to the commissioner for approval. The commissioner shall
approve a shared work compensation plan only if the following criteria are met:
(1) The plan identifies the affected units to which it
applies;
(2) An employee in an affected unit are identified by
name, social security number, and by any other information
required by the commissioner;
(3) The usual weekly hours of work for an employee in
an affected unit are reduced by not less than ten percent and
not more than fifty percent;
(4) Fringe benefits will continue to be provided on the
same basis as before the reduction in work hours. In no
event shall the level of health benefits be reduced due to a
reduction in hours;
(5) The plan certifies that the aggregate reduction in
work hours is in lieu of temporary layoffs which would have
affected at least ten percent of the employees in the affected
units to which the plan applies and which would have resulted in an equivalent reduction in work hours;
(6) The plan applies to at least ten percent of the
employees in the affected unit;
(7) The plan is approved in writing by the collective
bargaining agent for each collective bargaining agreement
covering any employee in the affected unit;
(8) The plan will not subsidize seasonal employers
during the off season nor subsidize employers who have
traditionally used part-time employees; and
(9) The employer agrees to furnish reports necessary for
the proper administration of the plan and to permit access by
the commissioner to all records necessary to verify the plan
before approval and after approval to evaluate the application
of the plan.
In addition to subsections (1) through (9) of this section,
the commissioner shall take into account any other factors
which may be pertinent. [1985 c 43 § 1; 1983 c 207 § 3.]
Conflict with federal requirements—1985 c 43: "If any part of this
act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements which are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1985 c 43 § 2.]
Severability—1985 c 43: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 43 § 3.]
(2002 Ed.)
Shared Work Compensation Plans—Benefits
50.60.040 Compensation plan—Approval or rejection—Resubmission. The commissioner shall approve or
reject a shared work compensation plan in writing within
fifteen days of its receipt. The reasons for the rejection shall
be final and nonappealable, but the rejection shall not
prevent an employer from submitting another plan for
approval not earlier than fifteen days after the date of a
previous written rejection. [1983 c 207 § 4.]
50.60.050 Approved plan—Misrepresentation—
Penalties. If an approved plan or any representation for
implementation of the plan is intentionally and substantially
misleading or false, any individual who participated in any
such misrepresentation shall be subject to criminal prosecution as well as personal liability for any amount of benefits
deemed by the commissioner to have been improperly paid
from the fund as a result thereof. This provision for
personal liability is in addition to any remedy against
individual claimants for collection of overpayment of benefits if such claimants participated in or were otherwise at
fault in the overpayment. [1983 c 207 § 5.]
50.60.060 Approved plan—Effective date—
Expiration. A shared work compensation plan shall be
effective on the date specified in the plan or on the first day
of the second calendar week after the date of the
commissioner’s approval, whichever is later. The plan shall
expire at the end of the twelfth full calendar month after its
effective date, or on the date specified in the plan if that date
is earlier, unless the plan is revoked before that date by the
commissioner. If a plan is revoked by the commissioner, it
shall terminate on the date specified in the commissioner’s
order of revocation. [1983 c 207 § 6.]
50.60.070 Approved plan—Revocation—Review of
plans. The commissioner may revoke approval of a shared
work compensation plan for good cause. The revocation
order shall be in writing and shall specify the date the
revocation is effective and the reasons for the revocation.
Good cause for revocation shall include failure to comply
with the assurances given in the plan, unreasonable revision
of productivity standards for the affected unit, conduct or
occurrences tending to defeat the intent and effective
operation of the plan, and violation of the criteria on which
approval of the plan was based.
Such action may be initiated at any time by the commissioner on his or her own motion, on the motion of any of the
affected unit employees, or on the motion of the appropriate
collective bargaining agents. The commissioner shall review
each plan at least once within the twelve month period the
plan is in effect to assure that it continues to meet the
requirements of this chapter. [1983 c 207 § 7.]
50.60.080 Approved plan—Modification. An
approved shared work compensation plan in effect may be
modified with the approval of the commissioner. If the
hours of work are increased or decreased beyond the level in
the original plan, or any other condition is changed, the
employer shall promptly notify the commissioner. If the
changes meet the requirements for approval of a plan, the
commissioner shall approve the modifications. This approv(2002 Ed.)
50.60.040
al shall not change the expiration date of the original plan.
If the modifications do not meet the requirements for
approval, the commissioner shall revoke the plan as specified
in RCW 50.60.060. [1983 c 207 § 8.]
50.60.090 Shared work benefits—Eligibility. An
individual is eligible to receive shared work benefits with
respect to any week only if, in addition to meeting the
conditions of eligibility for other benefits under this title, the
commissioner finds that:
(1) The individual was employed during that week as a
member of an affected unit under an approved shared work
compensation plan which was in effect for that week;
(2) The individual was able to work and was available
for additional hours of work and for full-time work with the
shared work employer; and
(3) Notwithstanding any other provision of this chapter,
an individual is deemed to have been unemployed in any
week for which remuneration is payable to him or her as an
employee in an affected unit for less than his or her normal
weekly hours of work as specified under the approved shared
work compensation plan in effect for that week. [1983 c
207 § 9.]
50.60.100 Benefits—Weekly amount—Maximum
entitlement—Claims—Conditions. (1) The shared work
weekly benefit amount shall be the product of the regular
weekly unemployment compensation benefit amount multiplied by the percentage of reduction in the individual’s usual
weekly hours of work;
(2) No individual is eligible in any benefit year for more
than the maximum entitlement established for benefits under
this title, including benefits under this chapter, nor may an
individual be paid shared work benefits for more than a total
of twenty-six weeks in any twelve-month period under a
shared work compensation plan;
(3) The shared work benefits paid an individual shall be
deducted from the total benefit amount established for that
individual’s benefit year;
(4) Claims for shared work benefits shall be filed in the
same manner as claims for other benefits under this title or
as prescribed by the commissioner by rule;
(5) Provisions otherwise applicable to unemployment
compensation claimants under this title apply to shared work
claimants to the extent that they are not inconsistent with
this chapter;
(6)(a) If an individual works in the same week for an
employer other than the shared work employer and his or her
combined hours of work for both employers are equal to or
greater than the usual weekly hours of work with the shared
work employer, the individual shall not be entitled to
benefits under this chapter or title;
(b) If an individual works in the same week for both the
shared work employer and another employer and his or her
combined hours of work for both employers are less than his
or her usual weekly hours of work, the benefit amount
payable for that week shall be the weekly unemployment
compensation benefit amount reduced by the same percentage that the combined hours are of the usual weekly hours
of work. A week for which benefits are paid under this
subsection shall count as a week of shared work benefits;
[Title 50 RCW—page 79]
50.60.100
Title 50 RCW: Unemployment Compensation
(7) An individual who does not work during a week for
the shared work employer, and is otherwise eligible, shall be
paid his or her full weekly unemployment compensation
benefit amount. Such a week shall not be counted as a week
for which shared work benefits were received;
(8) An individual who does not work for the shared
work employer during a week but works for another employer, and is otherwise eligible, shall be paid benefits for that
week under the partial unemployment compensation provisions of this title. Such a week shall not be counted as a
week for which shared work benefits were received. [1983
c 207 § 10.]
50.60.110 Benefits—Charge to employers’ experience rating accounts. Shared work benefits shall be
charged to employers’ experience rating accounts in the
same manner as other benefits under this title are charged.
Employers liable for payments in lieu of contributions shall
have shared work benefits attributed to their accounts in the
same manner as other benefits under this title are attributed.
[1983 c 207 § 11.]
50.60.120 Benefits—Exhaustee. An individual who
has received all of the shared work benefits, or all of the
combined unemployment compensation and shared work
benefits, available in a benefit year shall be considered an
exhaustee for purposes of the extended benefits program
under chapter 50.22 RCW, and, if otherwise eligible under
that chapter, shall be eligible to receive extended benefits.
[1983 c 207 § 12.]
50.60.900 Title and rules to apply to shared work
benefits—Conflict with federal requirements. Unless
inconsistent with or otherwise provided by this section, this
title and rules adopted under this title apply to shared work
benefits. To the extent permitted by federal law, those rules
may make such distinctions and requirements as may be
necessary with respect to unemployed individuals to carry
out the purposes of this chapter, including rules defining
usual hours, days, work week, wages, and the duration of
plans adopted under this chapter. To the extent that any
portion of this chapter may be inconsistent with the requirements of federal law relating to the payment of unemployment insurance benefits, the conflicting provisions or
interpretations of this chapter shall be deemed inoperative,
but only to the extent of the conflict. If the commissioner
determines that such a conflict exists, a statement to that
effect shall be filed with the governor’s office for transmission to both houses of the legislature. [1983 c 207 § 13.]
50.60.901 Rules. The department shall adopt such
rules as are necessary to carry out the purposes of chapter
207, Laws of 1983. [1998 c 245 § 101; 1983 c 207 § 14.]
50.60.902 Effective date—1983 c 207. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and
its existing public institutions, and shall take effect with the
weeks beginning after July 31, 1983. [1983 c 207 § 16.]
[Title 50 RCW—page 80]
Chapter 50.62
SPECIAL EMPLOYMENT ASSISTANCE
Sections
50.62.010
50.62.020
50.62.030
50.62.040
Legislative findings.
Definitions.
Job service program or activity.
Annual report—Wage and benefit history.
50.62.010 Legislative findings. The legislature finds
and declares that:
(1) The number of persons unemployed in the state is
significantly above the national average.
(2) Persons who are unemployed represent a skilled
resource to the economy and the quality of life for all
persons in the state.
(3) There are jobs available in the state that can be
filled by unemployed persons.
(4) A public labor exchange can appreciably expedite
the employment of unemployed job seekers and filling
employer vacancies thereby contributing to the overall health
of the state and national economies.
(5) The Washington state job service of the employment
security department has provided a proven service of
assisting persons to find employment for the past fifty years.
(6) Expediting the reemployment of unemployment
insurance claimants will reduce payment of claims drawn
from the state unemployment insurance trust fund.
(7) Increased emphasis on assisting in the reemployment
of claimants and monitoring claimants’ work search efforts
will positively impact employer tax rates resulting from the
recently enacted experience rating legislation, chapter 205,
Laws of 1984.
(8) Special employment service efforts are necessary to
adequately serve agricultural employers who have unique
needs in the type of workers, recruitment efforts, and the
urgency of obtaining sufficient workers.
(9) Study and research of issues related to employment
and unemployment provides economic information vital to
the decision-making process.
(10) Older workers and the long-term unemployed
experience greater difficulty finding new employment at
wages comparable to their prelayoff earnings relative to all
unemployment insurance claimants who return to work.
(11) After a layoff, older unemployed workers and the
long-term unemployed workers fail to find unemployment
insurance-covered employment at a much higher rate than
other groups of unemployment insurance claimants.
The legislature finds it necessary and in the public
interest to have a program of job service to assist persons
drawing unemployment insurance claims to find employment, to provide employment assistance to the agricultural
industry, and to conduct research into issues related to
employment and unemployment. [1987 c 284 § 1; 1987 c
171 § 1; 1985 ex.s. c 5 § 1.]
Reviser’s note: This section was amended by 1987 c 171 § 1 and by
1987 c 284 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Conflict with federal requirements—1987 c 171: "If any part of
this act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
(2002 Ed.)
Special Employment Assistance
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements which are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1987 c 171 § 7.]
Severability—1987 c 171: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 171 § 8.]
Conflict with federal requirements—1985 ex.s. c 5: "If any part of
this act shall be found to be in conflict with federal requirements which are
a prescribed condition to the allocation of federal funds to the state, such
conflicting part of this act is hereby declared to be inoperative solely to the
extent of such conflict, and such finding or determination shall not affect the
operation of the remainder of this act." [1985 ex.s. c 5 § 16.]
Severability—1985 ex.s. c 5: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 ex.s. c 5 § 17.]
50.62.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Job service" means the employment assistance
program of the employment security department;
(2) "Employment assistance" means services to unemployed persons focused on and measured by the obtaining of
employment;
(3) "Labor exchange" means those activities which
match labor supply and labor demand, including recruitment,
screening, and referral of qualified workers to employers;
(4) "Special account of the administrative contingency
fund" means that fund under RCW 50.24.014 established
within the administrative contingency fund of the employment security department which provides revenue for the
purposes of this chapter.
(5) "Continuous wage and benefit history" means an
information and research system utilizing a longitudinal data
base containing information on both employment and unemployment.
(6) "Long-term unemployed" means demographic groups
of unemployment insurance claimants identified by the
employment security department pursuant to RCW
50.62.040(1)(e) which have the highest percentages of
persons who have drawn at least fifteen weeks of unemployment insurance benefits or have the highest percentage of
persons who have exhausted their unemployment insurance
benefits.
(7) "Older unemployed workers" means unemployment
insurance claimants who are at least fifty years of age.
[1987 c 284 § 2; 1985 ex.s. c 5 § 2.]
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
50.62.030 Job service program or activity. Job
service resources shall be used to assist with the reemployment of unemployed workers using the most efficient and
effective means of service delivery. The job service program of the employment security department may undertake
any program or activity for which funds are available and
which furthers the goals of this chapter. These programs
and activities shall include, but are not limited to:
(2002 Ed.)
50.62.010
(1) Giving older unemployed workers and the long-term
unemployed the highest priority for all services made
available under this section. The employment security
department shall make the services provided under this
chapter available to the older unemployed workers and the
long-term unemployed as soon as they register under the
employment assistance program;
(2) Supplementing basic employment services, with
special job search and claimant placement assistance designed to assist unemployment insurance claimants to obtain
employment;
(3) Providing employment services, such as recruitment,
screening, and referral of qualified workers, to agricultural
areas where these services have in the past contributed to
positive economic conditions for the agricultural industry;
and
(4) Providing otherwise unobtainable information and
analysis to the legislature and program managers about
issues related to employment and unemployment. [1995 c
135 § 4. Prior: 1987 c 284 § 3; 1987 c 171 § 2; 1985 ex.s.
c 5 § 3.]
Intent—1995 c 135: See note following RCW 29.04.160.
Conflict with federal requirements—Severability—1987 c 171: See
notes following RCW 50.62.010.
Conflict with federal requirements—Severability—1985 ex.s. c 5:
See notes following RCW 50.62.010.
50.62.040 Annual report—Wage and benefit
history. (1) Each year the employment security department
may publish an annual report on the unemployed based on
research conducted on the continuous wage and benefit
history and other sources that identifies:
(a) The demographic groups of unemployment insurance
claimants that experience the greatest difficulty finding new
employment with wages comparable to their prelayoff
earnings;
(b) The demographic groups of unemployment insurance
claimants that have the highest rates of failure to find
unemployment insurance covered-employment after a layoff;
(c) The demographic, industry, and employment
characteristics of the unemployment insurance claimant
population most closely associated with the exhaustion of an
unemployment claim;
(d) The demographic, industry, and employment
characteristics of those locked-out workers who are eligible
for unemployment compensation under RCW 50.20.090; and
(e) The demographic groups which are defined as the
"long-term unemployed" for purposes of this chapter. This
listing shall be updated each year.
(2) The employment security department shall continue
to fund the continuing wage and benefit history at a level
necessary to produce the annual report described in subsection (1) of this section. [1998 c 245 § 102; 1987 c 284 § 4.]
Chapter 50.65
WASHINGTON SERVICE CORPS
Sections
50.65.010
50.65.020
50.65.030
Legislative findings.
Definitions.
Washington service corps established—Commissioner’s
duties.
[Title 50 RCW—page 81]
Chapter 50.65
Title 50 RCW: Unemployment Compensation
50.65.040
50.65.050
Washington service corps—Criteria for enrollment.
Washington service corps—List of local youth employment
opportunities.
50.65.060 Washington service corps—Placement under work agreements.
50.65.065 Work agreements—Requirements.
50.65.070 Enrollees not to displace current workers.
50.65.080 Commissioner to seek assistance for Washington service
corps.
50.65.090 Authority for income-generating projects—Disposition of
income.
50.65.100 Work agreements—Nondiscrimination.
50.65.110 Enrollees—Training and subsistence allowance—Medical
insurance and medical aid—Notice of coverage.
50.65.120 Exemption of enrollees from unemployment compensation
coverage.
50.65.130 Federal and private sector funds and grants.
50.65.138 Use of funds for enrollees and projects in distressed areas—
Service corps.
50.65.143 Limitation on use of funds for administration—Service
corps.
50.65.150 Washington service corps scholarship account—Created—
Use.
50.65.200 Washington serves—Findings—Declaration.
50.65.210 Washington serves—Definitions.
50.65.220 Washington serves—Program—Created—Procedure—Intent.
50.65.230 Washington serves—Applicants—Eligibility.
50.65.240 Washington serves—Disqualification for Washington service
corps participation.
50.65.250 Washington serves—Volunteers—Selection—Placement.
50.65.260 Washington serves—Volunteers—Support.
50.65.270 Washington serves—Volunteers—Medical benefits—Benefit
limits.
50.65.280 Washington serves—Displacement of current workers prohibited.
50.65.290 Washington serves—Volunteers—Unemployment compensation coverage limited.
50.65.300 Washington serves—Volunteers—Assistance to defer student
loan payments.
50.65.310 Washington serves—Volunteers—Subsequent development
of skills and experience—Recognition.
50.65.320 Washington serves—Service placement—Work agreements—Contracts—Rules for agencies—Financial support for organizations.
50.65.330 Washington serves—Gifts, grants, endowments—Matching
funds.
50.65.901 Conflict with federal requirements—1983 1st ex.s. c 50.
50.65.902 Severability—1983 1st ex.s. c 50.
50.65.903 Conflict with federal requirements—1987 c 167.
50.65.904 Severability—1987 c 167.
50.65.905 Effective date—1987 c 167.
50.65.906 Conflict with federal requirements—1993 sp.s. c 7.
50.65.907 Short title—1993 sp.s. c 7.
50.65.908 Severability—1993 sp.s. c 7.
Washington conservation corps: Chapter 43.220 RCW.
50.65.010
Legislative findings. The legislature finds
that:
(1) The unemployment rate in the state of Washington
is the highest since the great depression, with a significantly
higher rate among Washington youth.
(2) The policy of the state is to conserve and protect its
natural and urban resources, scenic beauty, and historical and
cultural sites.
(3) It is in the public interest to target employment
projects to those activities which have the greatest benefit to
the local economy.
(4) There are many unemployed young adults without
hope or opportunities for entrance into the labor force who
are unable to afford higher education and who create a
serious strain on tax revenues in community services.
[Title 50 RCW—page 82]
(5) The severe cutbacks in community and human
services funding leave many local community service
agencies without the resources to provide necessary services
to those in need.
(6) The talent and energy of Washington’s unemployed
young adults are an untapped resource which should be
challenged to meet the serious shortage in community
services and promote and conserve the valuable resources of
the state.
Therefore, the legislature finds it necessary and in the
public interest to enact the Washington youth employment
and conservation act. As part of this chapter, the Washington service corps is established as an operating program of
the employment security department. The legislature desires
to facilitate the potential of youth to obtain available job
opportunities in both public and private agencies. [1987 c
167 § 1; 1983 1st ex.s. c 50 § 1.]
Reviser’s note: Wherever the phrase "this act" occurred in RCW
50.65.010 through 50.65.130, it has been changed to "this chapter." "This
act" [1983 1st ex.s. c 50] consists of this chapter and three uncodified
sections.
50.65.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Commissioner" means the commissioner of the
employment security department.
(2) "Department" means the employment security
department.
(3) "Enrollees" means those persons who have completed enrollment forms, completed a work agreement, and who
have entered into the Washington service corps following the
approval of the director of the supervising agency.
(4) "Corps" means the Washington service corps.
(5) "Work agreement" means the written agreement
between the department, the enrollee and the supervising
agency under this chapter for a period of up to eighteen
months.
(6) "Supervising agencies" means those private or public
agencies which develop and implement full-time service
projects in which enrollees agree to participate.
(7) "Matching funds" means funding that is provided to
the employment security department by agencies or individuals as financial support for a portion of the stipend or wage
and benefits paid to the enrollee.
(8) "Financial support" means any thing of value
contributed by agencies or individuals to the department for
a youth employment project which is reasonably calculated
to support directly the development and expansion of a particular program under this chapter and which represents an
addition to any financial support previously or customarily
provided by the individual or agency. "Financial support"
includes, but is not limited to funds, equipment, facilities,
and training.
(9) "Director" means the individual who shall serve as
the director of the exchange. [1987 c 167 § 2; 1983 1st
ex.s. c 50 § 2.]
50.65.030 Washington service corps established—
Commissioner’s duties. The Washington service corps is
established within the employment security department. The
commissioner shall:
(2002 Ed.)
Washington Service Corps
(1) Appoint a director and other personnel as necessary
to carry out the purposes of this chapter;
(2) Coordinate youth employment and training efforts
under the department’s jurisdiction and cooperate with other
agencies or departments providing youth services to ensure
that funds appropriated for the purposes of this chapter will
not be expended to duplicate existing services, but will increase the services of youth to the state;
(3) The employment security department is authorized
to place subgrants with other federal, state, and local
governmental agencies and private agencies to provide youth
employment projects and to increase the numbers of youth
employed;
(4) Determine appropriate financial support levels by
private business, community groups, foundations, public
agencies, and individuals which will provide matching funds
for enrollees in service projects under work agreements. The
matching funds requirement may be waived for public
agencies or reduced for private agencies;
(5) Recruit enrollees who are residents of the state
unemployed at the time of application and are at least
eighteen years of age but have not reached their twenty-sixth
birthday;
(6) Recruit supervising agencies to host the enrollees in
full-time service activities which shall not exceed eleven
months’ duration;
(7) Assist supervising agencies in the development of
scholarships and matching funds from private and public
agencies, individuals, and foundations in order to support a
portion of the enrollee’s stipend and benefits;
(8) Develop general employment guidelines for placement of enrollees in supervising agencies to establish
appropriate authority for hiring, firing, grievance procedures,
and employment standards which are consistent with state
and federal law;
(9) Match enrollees with appropriate public agencies and
available service projects;
(10) Monitor enrollee activities for compliance with this
chapter and compliance with work agreements;
(11) Assist enrollees in transition to employment upon
termination from the programs, including such activities as
orientation to the labor market, on-the-job training, and
placement in the private sector;
(12) Establish a program for providing incentives to
encourage successful completion of terms of enrollment in
the service corps and the continuation of educational
pursuits. Such incentives shall be in the form of educational
assistance equivalent to two years of community or technical
college tuition for eleven months of service. Educational
assistance funding shall only be used for tuition, fees, and
course-related books and supplies. Enrollees who receive
educational assistance funding shall start using it within one
year of their service completion and shall finish using it
within four years of their service completion;
(13) Enter into agreements with the state’s community
and technical college system and other educational institutions or independent nonprofit agencies to provide special
education in basic skills, including reading, writing, and
mathematics for those participants who may benefit by
participation in such classes. Participation is not mandatory
but shall be strongly encouraged. [1993 c 302 § 1; 1987 c
167 § 3; 1983 1st ex.s. c 50 § 3.]
(2002 Ed.)
50.65.030
Effective date—1993 c 302: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 302 § 9.]
50.65.040 Washington service corps—Criteria for
enrollment. The commissioner may select and enroll in the
Washington service corps program any person who is at least
eighteen years of age but has not reached their twenty-sixth
birthday, is a resident of the state, and who is not for
medical, legal, or psychological reasons incapable of service.
Efforts shall be made to enroll youths who are economically,
socially, physically, or educationally disadvantaged. The
commissioner may prescribe such additional standards and
procedures in consultation with supervising agencies as may
be necessary in conformance with this chapter. In addition,
the commissioner may select and enroll youth fourteen to
seventeen years of age on special projects during the summer
and at other times during the school year that may complement and support their school curriculum or that link and
support service with learning. [1993 c 302 § 2; 1987 c 167
§ 4; 1983 1st ex.s. c 50 § 4.]
Effective date—1993 c 302: See note following RCW 50.65.030.
50.65.050 Washington service corps—List of local
youth employment opportunities. The commissioner shall
use existing local offices of the employment security
department or contract with independent, private nonprofit
agencies in a local community to establish the Washington
service corps program and to insure coverage of the program
statewide. Each local office shall maintain a list of available
youth employment opportunities in the jurisdiction covered
by the local office and the appropriate forms or work
agreements to enable the youths to apply for employment in
private or public supervising agencies. [1987 c 167 § 5;
1983 1st ex.s. c 50 § 5.]
50.65.060 Washington service corps—Placement
under work agreements. Placements in the Washington
service corps shall be made in supervising agencies under
work agreements as provided under this chapter and shall
include those assignments which provide for addressing
community needs and conservation problems and will assist
the community in economic development efforts. Each work
agreement shall:
(1) Demonstrate that the service project is appropriate
for the enrollee’s interests, skills, and abilities and that the
project is designed to meet unmet community needs;
(2) Include a requirement of regular performance
evaluation. This shall include clear work performance
standards set by the supervising agency and procedures for
identifying strengths, recommended improvement areas and
conditions for probation or dismissal of the enrollee; and
(3) Include a commitment for partial financial support
for the enrollee from private industry, public agencies,
community groups, or foundations. The commissioner may
establish additional standards for the development of
placements for enrollees with supervising agencies and
assure that the work agreements comply with those standards. This section shall not apply to conservation corps
programs established by chapter 43.220 RCW.
[Title 50 RCW—page 83]
50.65.060
Title 50 RCW: Unemployment Compensation
Agencies of the state may use the Washington service
corps for the purpose of employing youth qualifying under
this chapter. [1993 c 302 § 3; 1987 c 167 § 6; 1983 1st
ex.s. c 50 § 6.]
Effective date—1993 c 302: See note following RCW 50.65.030.
50.65.065 Work agreements—Requirements. For
each enrollee, the work agreements, or combination of work
agreements, developed under RCW 50.65.060 shall:
(1) Include a variety of experiences consisting of:
Indoor activities; outdoor activities; and volunteer activities;
(2) Provide time for participation in a core training
program common to all participants. [1993 c 302 § 4.]
Effective date—1993 c 302: See note following RCW 50.65.030.
50.65.070 Enrollees not to displace current workers.
The assignment of enrollees shall not result in the displacement of currently employed workers, including partial
displacement such as reduction in hours of nonovertime
work, wages, or other employment benefits. Supervising
agencies that participate in the program may not terminate,
lay-off, or reduce the working hours of any employee for the
purpose of utilizing an enrollee with funds available. In
circumstances where substantial efficiencies or a public
purpose may result, supervising agencies may utilize
enrollees to carry out essential agency work or contractual
functions without displacing current employees. [1983 1st
ex.s. c 50 § 7.]
50.65.080 Commissioner to seek assistance for
Washington service corps. The commissioner shall seek
and may accept, on behalf of the Washington service corps,
charitable donations of cash and other assistance including,
but not limited to, equipment and materials if the donations
are available for appropriate use for the purposes set forth in
this chapter. [1993 c 302 § 6; 1983 1st ex.s. c 50 § 8.]
Effective date—1993 c 302: See note following RCW 50.65.030.
50.65.090 Authority for income-generating projects—Disposition of income. The commissioner may enter
into income-generating projects with public or private
organizations to further the purposes of this chapter.
Moneys received from contractual projects qualifying under
this chapter shall be deposited in the state general fund.
This section does not apply to conservation corps programs
established by chapter 43.220 RCW. [1983 1st ex.s. c 50 §
9.]
50.65.100 Work agreements—Nondiscrimination.
All parties entering into work agreements under this chapter
shall agree that they will not discriminate in the providing of
any service on the basis of race, creed, ethnic origin, sex,
age, or political affiliation. [1983 1st ex.s. c 50 § 10.]
50.65.110 Enrollees—Training and subsistence
allowance—Medical insurance and medical aid—Notice
of coverage. The compensation received shall be considered
a training and subsistence allowance. Comprehensive
medical insurance, and medical aid shall be paid for the
enrollees in the service corps by the commissioner in
[Title 50 RCW—page 84]
accordance with the standards and limitations of the appropriation provided for this chapter. The department shall give
notice of coverage to the director of labor and industries
after enrollment. The department shall not be deemed an
employer of an enrollee for any other purpose.
Other provisions of law relating to civil service, hours
of work, rate of compensation, sick leave, unemployment
compensation, old age health and survivor’s insurance, state
retirement plans, and vacation leave do not apply to
enrollees. [1987 c 167 § 7; 1985 c 230 § 6; 1983 1st ex.s.
c 50 § 11.]
Severability—1985 c 230: See RCW 43.220.902.
50.65.120 Exemption of enrollees from unemployment compensation coverage. The services of enrollees
placed with supervising agencies described in chapter 50.44
RCW are exempt from unemployment compensation coverage under RCW 50.44.040(5) and the enrollees shall be so
advised by the department. [1983 1st ex.s. c 50 § 12.]
50.65.130 Federal and private sector funds and
grants. In addition to any other power, duty, or function
described by law or rule, the employment security department, through the program established under this chapter,
may accept federal or private sector funds and grants and
implement such programs relating to community services or
employment programs and may enter into contracts respecting such funds or grants. The department may also use
funds appropriated for the purposes of this chapter as
matching funds for federal or private source funds to
accomplish the purposes of this chapter. The Washington
service corps shall be the sole recipient of federal funds for
youth employment and conservation corps programs. [1987
c 167 § 8; 1983 1st ex.s. c 50 § 13.]
50.65.138 Use of funds for enrollees and projects in
distressed areas—Service corps. Sixty percent of the
general funds available to the service corps program shall be
for enrollees from distressed areas and for projects in
distressed areas. A distressed area shall mean:
(1) A county which has an unemployment rate which is
twenty percent above the state average for the immediately
preceding three years;
(2) A community which has experienced sudden and
severe loss of employment; or
(3) An area within a county which area:
(a) Is composed of contiguous census tracts;
(b) Has a minimum population of five thousand persons;
(c) The median household income is at least thirty-five
percent below the county’s median household income, as
determined from data collected for the preceding United
States ten-year census; and
(d) Has an unemployment rate which is at least forty
percent higher than the county’s unemployment rate. For
purposes of this definition, "families and unrelated individuals" has the same meaning that is ascribed to that term by
the federal department of housing and urban development in
its regulations authorizing action grants for economic
development and neighborhood revitalization projects. [1987
c 167 § 10.]
(2002 Ed.)
Washington Service Corps
50.65.143 Limitation on use of funds for administration—Service corps. (1) Not more than fifteen percent
of the funds available for the service corps shall be expended
for administrative costs. For the purposes of this chapter,
"administrative costs" include, but are not limited to,
program planning and evaluation, budget development and
monitoring, personnel management, contract administration,
administrative payroll, development of program reports, and
administrative office space costs and utilities.
(2) The fifteen percent limitation does not include costs
for any of the following: Program support activities such as
direct supervision of enrollees and corpsmembers, counseling, education and job training, equipment, advisory board
expenses, and extraordinary recruitment and placement
procedures necessary to fill project positions.
(3) The total for all items included under subsection (1)
of this section and excluded under subsection (2) of this
section shall not: (a) Exceed thirty percent of the appropriated funds available during a fiscal biennium for the service
and conservation corps programs; or (b) result in an average
cost per enrollee or corpsmember from general funds
exceeding seven thousand dollars in the 1987-89 biennium
and in succeeding biennia as adjusted by inflation factors
established by the office of financial management for state
budgeting purposes. The test included in (a) and (b) of this
subsection are in the alternative, and it is only required that
one of the tests be satisfied. [1987 c 167 § 11.]
50.65.150 Washington service corps scholarship
account—Created—Use. The Washington service corps
scholarship account is created in the custody of the state
treasurer. The account shall consist of a portion of Washington service corps funding, deposited by the commissioner,
in an amount sufficient to provide for the future awarding of
educational assistance grants described in RCW 50.65.030.
Expenditures from the account may be used only for
educational assistance grants described in RCW 50.65.030.
Only the commissioner or the commissioner’s designee may
authorize expenditures from the account. The account is
subject to the allotment procedures under chapter 43.88
RCW, but no appropriation is required for expenditures. All
earnings of investments of surplus balances in the account
shall be deposited to the treasury income account created in
RCW 43.84.092. [1993 c 302 § 5.]
Effective date—1993 c 302: See note following RCW 50.65.030.
50.65.200 Washington serves—Findings—
Declaration. The legislature finds that:
(1) Budget constraints are causing severe gaps and
reductions in vital services to local communities and citizens.
Some of these gaps in services can be filled by citizen
volunteers through an organized program to recruit and place
volunteers and to expand opportunities for volunteers to
serve their communities;
(2) The federal government is proposing expansion of
national services programs. These programs may require
significant matching resources from states. State funds
supporting the Washington serves program can serve as a
required matching source to leverage additional federal
national service resources;
(2002 Ed.)
50.65.143
(3) Washington state has, through the Washington
service corps, successfully offered service opportunities and
meaningful work experience to young adults between the
ages of eighteen and twenty-five years;
(4) The need exists to expand full-time volunteer
opportunities to citizens age twenty-one and over, to encourage senior citizens, college graduates, professional and
technically skilled persons, and other adult citizens, to
contribute their critical expertise, experience, labor, and
commitment to meeting the needs of their communities;
(5) It is appropriate and in the public’s interest for
Washington state to create opportunities for citizens to
engage in full-time, meaningful volunteer service in governmental or private nonprofit agencies, institutions, programs,
or activities that address the social, economic, educational,
civic, cultural, or environmental needs of local communities;
(6) Through volunteer service, citizens apply their skills
and knowledge to the resolution of critical problems or
meeting unmet needs, gain valuable experience, refine or
develop new skills, and instill a sense of civic pride and
commitment to their community;
(7) There is a need to coordinate state and federally
funded volunteer service programs that provide living
allowances and other benefits to volunteers to maximize the
benefits to volunteers and the organizations in which they
serve.
It is therefore the legislature’s desire to expand full-time
volunteer opportunities for citizens age twenty-one and over
and to provide appropriate incentives to those who serve.
Such a program should be implemented statewide and
coordinated across programs. [1993 sp.s. c 7 § 1.]
50.65.210 Washington serves—Definitions. Unless
the context clearly requires otherwise, the definitions in this
section apply throughout this chapter.
(1) "Commissioner" means the commissioner of the
employment security department.
(2) "*Council" means the Washington council on
volunteerism and citizen service authorized by chapter
43.150 RCW.
(3) "Department" means the employment security
department.
(4) "Volunteer" means a person at least twenty-one
years of age who, upon application and acceptance into the
program, is placed in a governmental or private, nonprofit
organization to perform full-time service for the benefit of
the community, and who receives a living allowance and
other benefits as authorized under this chapter. [1993 sp.s.
c 7 § 2.]
*Reviser’s note: RCW 43.150.060, which created the Washington
state council on volunteerism and citizen service, was repealed by 1995 c
269 § 2302, effective July 1, 1995.
50.65.220 Washington serves—Program—Created—
Procedure—Intent. There is hereby created within the
employment security department a program for full-time
community service that shall be known and referred to as the
Washington serves program. The department shall recruit,
train, place, and evaluate applicants to the program. The
department may accept applications and enter into agreements or contracts with any governmental or private nonprofit organization appropriate for placement of volunteers
[Title 50 RCW—page 85]
50.65.220
Title 50 RCW: Unemployment Compensation
under this program. The commissioner, after consultation
with the council, may adopt rules as needed to carry out the
intent and purposes of this program. It is the intent of the
legislature that the commissioner coordinate this program
with all volunteer service programs, whether funded with
state or federal dollars, in order to maximize the benefits to
volunteers and the communities served under the program.
It is also the legislature’s intent that to the extent that state
funds are paid directly to persons that participate in the
program, whether to reimburse, support, assist, or provide
other direct payment, no volunteer may have such reimbursement, support, assistance, or other payment reduced or
withheld for having served in the program. [1993 sp.s. c 7
§ 3.]
50.65.230 Washington serves—Applicants—
Eligibility. (1) Applicants to the Washington serves program shall be at least twenty-one years of age and a resident
of Washington state.
(2) Applicants may apply to serve for a period of
service of one year, except that volunteers may serve for
periods of service of less than one year if it is determined by
the commissioner, on an individual basis, that a period of
service of less than one year is necessary to meet a critical
scarce skill or necessary to enable a person or organization
to participate in the program.
(3) Volunteers may reapply for periods of service
totaling not more than two additional years.
(4) Applicants to the program shall be committed to
providing full-time service to the community. [1993 sp.s. c
7 § 4.]
50.65.240 Washington serves—Disqualification for
Washington service corps participation. No individual
may participate in the Washington serves program created by
chapter 7, Laws of 1993 sp. sess., if the person has previously participated for six months or longer in the Washington
service corps within the last three years. [1993 c 302 § 10.]
Effective date—1993 c 302: See note following RCW 50.65.030.
50.65.250 Washington serves—Volunteers—
Selection—Placement. (1) Program volunteers shall be
selected from among qualified individuals submitting
applications for full-time service at such time, in such form,
and containing such information as may be necessary to
evaluate the suitability of each individual for service, and
available placements. The commissioner or the
commissioner’s designee shall review the application of each
individual who applies in conformance with selection criteria
established by the commissioner after consultation with the
council, and who, on the basis of the information provided
in the application, is determined to be suitable to serve as a
volunteer under the Washington serves program.
(2) Within available funds, volunteers may be placed
with any public or private nonprofit organization, program,
or project that qualifies to accept program volunteers
according to the rules and application procedures established
by the commissioner. Work shall benefit the community or
state at-large and may include but is not limited to programs,
projects, or activities that:
[Title 50 RCW—page 86]
(a) Address the problems of jobless, homeless, hungry,
illiterate, or functionally illiterate persons, and low-income
youths;
(b) Provide support and a special focus on those project
activities that address the needs of the unemployed and those
in need of job training or retraining;
(c) Address significant health care problems, including
services to homeless individuals and other low-income
persons, especially children, through prevention and treatment;
(d) Meet the health, education, welfare, or related needs
of low-income persons, particularly children and low-income
minority communities;
(e) Provide care or rehabilitation services to the mentally ill, developmentally disabled, or other persons with
disabilities;
(f) Address the educational and education-related needs
of children, youth, families, and young adults within public
educational institutions or related programs;
(g) Address alcohol and drug abuse prevention, education, and related activities; and
(h) Seek to enhance, improve, or restore the environment or that educate or advocate for a sustainable environment.
(3) Every reasonable effort shall be made to place
participants in programs, projects, or activities of their choice
if the agencies, programs, or activities are consistent with the
intent and purposes of the Washington serves program, if
there is mutual agreement between the agency, program, or
activity and the volunteer, and if the volunteer’s service is
consistent with the intent and purpose of the program and
would benefit the community or the state as a whole. [1993
sp.s. c 7 § 5.]
50.65.260 Washington serves—Volunteers—
Support. (1) Volunteers accepted into the Washington
serves program and placed in an approved agency, program,
or activity, shall be provided a monthly subsistence allowance in an amount determined by the commissioner taking
into consideration the allowance given to VISTA, Washington service corps, and other similar service programs. For
those persons who qualify and are granted a deferment of
federal student loan payments while serving in the program,
the rate of compensation shall be equal to but not greater
than the monthly subsistence allowance granted Volunteers
In Service To America (VISTA) serving in this state, as
determined by the national ACTION agency or its successor,
in accordance with section 105(b)(2) of the Domestic
Volunteer Service Act of 1973, P.L. 93-113, as amended.
(2) The commissioner or the commissioner’s designee
shall, within available funds, ensure that each volunteer has
available support to enable the volunteer to perform the work
to which the volunteer is assigned. Such support may
include, but is not limited to, reimbursement for travel
expenses, payment for education and training expenses,
including preservice and on-the-job training necessary for the
performance of duties, technical assistance, and other support
deemed necessary and appropriate.
(3) At the end of each volunteer’s period of service of
not less than one year, each volunteer may receive a
postservice stipend for each month of completed service in
(2002 Ed.)
Washington Service Corps
an amount determined by the commissioner. The postservice
stipend for those persons who qualify and are granted a
deferment of federal student loan payments while serving in
this program shall be an amount equal to but not greater than
the amount or rate determined by the national ACTION
agency or its successor, in accordance with section 105(b)(2)
of the Domestic Volunteer Service Act of 1973, P.L. 93-113
as amended, for Volunteers In Service To America (VISTA),
who are providing services in this state. Volunteers under
the Washington serves program may accrue the stipend for
each month of their service period of not less than one year,
including any month during which they were in training.
The commissioner or the commissioner’s designee may, on
an individual basis, make an exception to provide a stipend
to a volunteer who has served less than one year.
(4) Stipends shall be payable to the volunteer only upon
completion of the period of service. Under circumstances
determined by the commissioner, the stipend may be paid on
behalf of the volunteer to members of the volunteer’s family
or others designated by the volunteer. [1993 sp.s. c 7 § 6.]
50.65.270 Washington serves—Volunteers—Medical
benefits—Benefit limits. Within available funds, medical
aid coverage under chapter 51.36 RCW and medical insurance shall be provided to all volunteers under this program.
The department shall give notice of medical aid coverage to
the director of labor and industries upon acceptance of the
volunteer into the program. The department shall not be
deemed an employer of any volunteer under the Washington
serves program for any other purpose. Other provisions of
law relating to civil service, hours of work, rate of compensation, sick leave, unemployment compensation, old age,
health and survivor’s insurance, state retirement plans, and
vacation leave do not apply to volunteers under this program.
[1993 sp.s. c 7 § 7.]
50.65.280 Washington serves—Displacement of
current workers prohibited. The assignment of volunteers
under the Washington serves program shall not result in the
displacement of currently employed workers, including
partial displacement such as would result from a reduction
in hours of nonovertime work, wages, or other employment
benefits. Participating agencies, programs, or activities may
not terminate, lay off, or reduce the working hours of any
employee for the purpose of using volunteers under the
Washington serves program. In circumstances where
substantial efficiencies or a public purpose may result, participating agencies may use volunteers to carry out essential
agency work or contractual functions without displacing
current employees. [1993 sp.s. c 7 § 8.]
50.65.290 Washington serves—Volunteers—
Unemployment compensation coverage limited. The
services of volunteers placed with participating agencies
described in chapter 50.44 RCW are not eligible for unemployment compensation coverage. Each volunteer shall be
so advised by the commissioner or the commissioner’s
designee. [1993 sp.s. c 7 § 9.]
50.65.300 Washington serves—Volunteers—
Assistance to defer student loan payments. The commis(2002 Ed.)
50.65.260
sioner or the commissioner’s designee may assist any
volunteer serving full-time under the Washington serves
program in obtaining a service deferment of federally funded
student loan payments during his or her period of service.
[1993 sp.s. c 7 § 10.]
50.65.310 Washington serves—Volunteers—
Subsequent development of skills and experience—
Recognition. The commissioner or the commissioner’s
designee may provide or arrange for educational, vocational,
or job counseling for program volunteers at the end of their
period of service to (1) encourage volunteers to use the skills
and experience which they have derived from their training
and service, and (2) promote the development of appropriate
opportunities for the use of such skills and experience, and
the placement therein of such volunteers. The commissioner
or the commissioner’s designee may also assist volunteers in
developing a plan for gainful employment.
The commissioner shall provide for an appropriate
means of recognition or certification of volunteer service.
[1993 sp.s. c 7 § 11.]
50.65.320 Washington serves—Service placement—
Work agreements—Contracts—Rules for agencies—
Financial support for organizations. The executive
administrator of the Washington serves program shall recruit
and develop service placements and may enter into work
agreements or contracts as needed to implement the Washington serves program. The commissioner, after consultation
with the council, may adopt rules for participating agencies
which rules may include, but are not limited to: Supervision
of volunteers, reasonable work space or other working
environment conditions, ongoing training, the handling of
grievances or disputes, performance evaluations, frequency
of agency contacts, and liability insurance coverage. The
commissioner shall determine financial support levels for
organizations receiving volunteer placements that will
provide matching funds for enrollees in service projects
under work agreements. [1993 sp.s. c 7 § 12.]
50.65.330 Washington serves—Gifts, grants,
endowments—Matching funds. The department may
receive such gifts, grants, and endowments from private or
public sources that may be made from time to time, in trust
or otherwise, for the use and benefit of the Washington
serves program and spend the same or any income therefrom
according to the terms of the gifts, grants, or endowments.
The department may also use funds appropriated for the
purposes of this chapter as matching funds for federal or
private source funds to accomplish the purposes of this
chapter. [1993 sp.s. c 7 § 13.]
50.65.901 Conflict with federal requirements—1983
1st ex.s. c 50. If any part of this act is found to be in
conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state, such
conflicting part of this act is declared to be inoperative
solely to the extent of the conflict, and such finding or
determination shall not affect the operation of the remainder
of this act. The rules under this act shall meet federal
[Title 50 RCW—page 87]
50.65.901
Title 50 RCW: Unemployment Compensation
requirements which are a necessary condition to the receipt
of federal funds by the state. [1983 1st ex.s. c 50 § 16.]
50.65.902 Severability—1983 1st ex.s. c 50. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1983 1st ex.s. c 50 § 17.]
50.65.903 Conflict with federal requirements—1987
c 167. If any part of this chapter is found to be in conflict
with federal requirements which are a prescribed condition
to the allocation of federal funds to the state, such conflicting part of this chapter is declared to be inoperative solely
to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this
chapter. The rules under this chapter shall meet federal
requirements which are a necessary condition to the receipt
of federal funds by the state. [1987 c 167 § 12.]
50.65.904 Severability—1987 c 167. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1987 c 167 § 13.]
50.65.905 Effective date—1987 c 167. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and
its existing public institutions, and shall take effect June 30,
1987. [1987 c 167 § 15.]
50.65.906 Conflict with federal requirements—1993
sp.s. c 7. If any part of this act is found to be in conflict
with federal requirements which are prescribed conditions to
the receipt of federal funds or participation in any federal
program, such conflicting part of this act is declared to be
inoperative solely to the extent of the conflict, and such
finding or determination shall not affect the operation of the
remainder of the act. Rules adopted pursuant to this act
shall meet federal requirements which are a necessary
condition to the receipt of federal funds by the state. [1993
sp.s. c 7 § 14.]
50.65.907 Short title—1993 sp.s. c 7. Sections 1
through 13 of this act may be known and cited as the
Washington serves act. [1993 sp.s. c 7 § 15.]
50.65.908 Severability—1993 sp.s. c 7. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1993 sp.s. c 7 § 18.]
[Title 50 RCW—page 88]
Chapter 50.70
PROGRAMS FOR DISLOCATED FOREST
PRODUCTS WORKERS
Sections
50.70.030
50.70.040
Employment opportunities—Benefits.
Recruitment—Career orientation services—Career counseling.
50.70.050 Department of natural resources duties.
50.70.900 Severability—1991 c 315.
50.70.901 Conflict with federal requirements—1991 c 315.
50.70.902 Effective date—1991 c 315.
Community college program for dislocated forest products workers: RCW
28B.50.259.
Emergency mortgage and rental assistance program—Rural natural
resources impact areas—Grants and loans: RCW 43.63A.610 through
43.63A.640.
Enrollment of persons in timber impact areas in basic health plan: RCW
70.47.115.
Skagit river salmon recovery plan: RCW 77.95.140.
50.70.030 Employment opportunities—Benefits. (1)
Employment opportunities under the program shall consist of
activities that improve the value of state lands and waters.
These activities may include, but are not limited to, thinning
and precommercial thinning, pruning, slash removal, reforestation, fire suppression, trail maintenance, maintenance
of recreational facilities, dike repair, development and
maintenance of tourist facilities, and stream enhancement.
(2) Enrollees in the program shall receive medical and
dental benefits as provided under chapter 41.05 RCW, but
are exempt from the provisions of chapter 41.06 RCW.
Each week, enrollees shall not work more than thirty-two
hours in this program and must participate in eight hours of
career orientation as established in RCW 50.70.040. Participation in the program is limited to six months. [1991 c 315
§ 7.]
Intent—1991 c 315: See note following RCW 28B.50.030.
50.70.040 Recruitment—Career orientation services—Career counseling. (1) The department shall recruit
program applicants and provide employment opportunities
by:
(a) Notifying dislocated forest products workers who are
receiving unemployment benefits, or dislocated forest
products workers who have exhausted unemployment
benefits, of their eligibility for the program.
(b) Establishing procedures for dislocated forest products workers to apply to the program.
(c) Developing a pool of workers eligible to enroll in
the program.
(d) Contracting with the department of natural resources
to provide employment opportunities for not less than two
hundred eligible enrollees.
(2) The department shall provide career orientation
services to enrollees in the program. The career orientation
services shall include, but are not limited to, counseling on
employment options and assistance in accessing retraining
programs, and assistance in accessing social service programs.
(3) The department shall provide at least eight hours of
career counseling each week for program enrollees. [1991
c 315 § 8.]
(2002 Ed.)
Programs for Dislocated Forest Products Workers
Intent—1991 c 315: See note following RCW 28B.50.030.
50.70.050 Department of natural resources duties.
(1) The department of natural resources shall enroll candidates in the program from a pool of eligible workers
developed by the department.
(2) The department of natural resources shall provide
compensation for enrollees. [1991 c 315 § 9.]
Intent—1991 c 315: See note following RCW 28B.50.030.
50.70.900 Severability—1991 c 315. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1991 c 315 § 31.]
50.70.901 Conflict with federal requirements—1991
c 315. If any part of this act is found to be in conflict with
federal requirements which are a prescribed condition to the
allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be
inoperative solely to the extent of the conflict, and such
finding or determination shall not affect the operation of the
remainder of this act. The rules under this act shall meet
federal requirements which are a necessary condition to the
receipt of federal funds by the state or the granting of federal
unemployment tax credits to employers in this state. [1991
c 315 § 32.]
50.70.902 Effective date—1991 c 315. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 21, 1991], except for section 4 of this act, which shall
take effect July 1, 1991. [1991 c 315 § 33.]
Chapter 50.72
YOUTHBUILD PROGRAM
Sections
50.72.010
50.72.020
50.72.030
50.72.040
50.72.050
50.72.060
50.72.070
Legislative findings.
Definitions.
Commissioner’s duties—Education and employment training
grants.
Education and employment training grants—Eligible activities.
Participation time limits—Educational services and activities
requirement.
Grant applications—Requirements.
Grant applicants—Information required—Evaluation reports.
50.72.010 Legislative findings. (1) The legislature
finds that there is a need to:
(a) Expand the supply of permanent affordable housing
for homeless individuals, low and very low-income persons,
and special need populations by utilizing the energies and
talents of economically disadvantaged youth;
(b) Provide economically disadvantaged youth with
opportunities for meaningful work and service to their
communities in helping to meet the housing needs of
(2002 Ed.)
50.70.040
homeless individuals, low and very low-income persons, and
special need populations;
(c) Enable economically disadvantaged youth to obtain
the education and employment skills necessary to achieve
economic self-sufficiency; and
(d) Foster the development of leadership skills and
commitment to community development among youth in
designated community empowerment zones.
(2) The legislature declares that the purpose of the
Washington youthbuild program is to:
(a) Help disadvantaged youth who have dropped out of
school to obtain the education and employment skills
necessary to achieve economic self-sufficiency and develop
leadership skills and a commitment to community development in designated community empowerment zones; and
(b) Provide funding assistance to entities implementing
programs that provide comprehensive education and skills
training programs designed to lead to self-sufficiency for
economically disadvantaged youth. [1994 sp.s. c 3 § 1.]
50.72.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Applicant" means a public or private nonprofit
organization agency eligible to provide education and
employment training under federal or state employment
training programs.
(2) "Commissioner" means the commissioner of employment security.
(3) "Department" means the employment security
department.
(4) "Low income" has the same meaning as in RCW
43.185A.010.
(5) "Participant" means an individual that:
(a) Is sixteen to twenty-four years of age, inclusive;
(b) Is or is a member of a very low-income household;
and
(c) Is neither attending any school nor subject to a
compulsory attendance law and who has not received a
secondary school diploma or a certificate of equivalency for
such diploma.
(6) "Very low income" means a person or household
whose income is at or below fifty percent of the median
family income, adjusted for household size, for the county
where the household is located.
(7) "Youthbuild" means any program that provides
disadvantaged youth with opportunities for employment,
education, leadership development, entrepreneurial skills
development, and training in the construction or rehabilitation of housing for special need populations, very lowincome households, or low-income households. [1994 sp.s.
c 3 § 2.]
50.72.030 Commissioner’s duties—Education and
employment training grants. The Washington youthbuild
program is established within the department. The commissioner, in cooperation and consultation with the director of
the department of community, trade, and economic development, shall:
(1) Make grants, up to the lesser of three hundred
thousand dollars or twenty-five percent of the total costs of
[Title 50 RCW—page 89]
50.72.030
Title 50 RCW: Unemployment Compensation
the youthbuild activities, to applicants eligible to provide
education and employment training under federal or state
employment training programs, for the purpose of carrying
out a wide range of multidisciplinary activities and services
to assist economically disadvantaged youth under the federal
opportunities for youth: Youthbuild program (106 Stat.
3723; 42 U.S.C. Sec. 8011), or locally developed youthbuildtype programs for economically disadvantaged youth; and
(2) Coordinate youth employment and training efforts
under the department’s jurisdiction and cooperate with other
agencies and departments providing youth services to ensure
that funds appropriated for the purposes of this chapter will
be used to supplement funding from federal, state, local, or
private sources. [1994 sp.s. c 3 § 3.]
50.72.040 Education and employment training
grants—Eligible activities. (1) Grants made under this
chapter shall be used to fund an applicant’s activities to
implement a comprehensive education and employment skills
training program.
(2) Activities eligible for assistance under this chapter
include:
(a) Education and job skills training services and
activities that include:
(i) Work experience and skills training, coordinated to
the maximum extent feasible, with preapprenticeship and
apprenticeship programs in construction and rehabilitation
trades;
(ii) Services and activities designed to meet the educational needs of participants, including basic skills instruction
and remedial education, bilingual education for participants
with limited-English proficiency, secondary education
services and activities designed to lead to the attainment of
a high school diploma or its equivalent, and counseling and
assistance in attaining postsecondary education and required
financial aid;
(b) Counseling services and related activities;
(c) Activities designed to develop employment and
leadership skills;
(d) Support services and need-based stipends necessary
to enable the participant to participate in the program and to
assist participants through support services in retaining
employment;
(e) Wage stipends and benefits provided to participants;
and
(f) Administrative costs of the applicant, not to exceed
five percent of the amount of assistance provided under this
chapter. [1994 sp.s. c 3 § 4.]
50.72.050 Participation time limits—Educational
services and activities requirement. (1) An individual
selected as a participant in the youthbuild program under this
chapter may be offered full-time participation for a period of
not less than six months and not more than twenty-four
months.
(2) An applicant’s program that is selected for funding
under this chapter shall be structured so that fifty percent of
the time spent by the participants in the youthbuild program
is devoted to educational services and activities, such as
those outlined in RCW 50.72.040. [1994 sp.s. c 3 § 5.]
[Title 50 RCW—page 90]
50.72.060 Grant applications—Requirements. (1)
An application for a grant under this chapter shall be
submitted by the applicant in such form and in accordance
with the requirements as determined by the commissioner.
(2) The application for a grant under this chapter shall
contain at a minimum:
(a) The amount of the grant request and its proposed
use;
(b) A description of the applicant and a statement of its
qualifications, including a description of the applicant’s past
experience with housing rehabilitation or construction with
youth and youth education and employment training programs, and its relationship with local unions and apprenticeship programs and other community groups;
(c) A description of the proposed site for the program;
(d) A description of the educational and job training
activities, work opportunities, and other services that will be
provided to participants;
(e) A description of the proposed construction or
rehabilitation activities to be undertaken and the anticipated
schedule for carrying out such activities;
(f) A description of the manner in which eligible
participants will be recruited and selected, including a
description of arrangements which will be made with federal
or state agencies, community-based organizations, local
school districts, the courts of jurisdiction for status and youth
offenders, shelters for homeless individuals and other
agencies that serve homeless youth, foster care agencies, and
other appropriate public and private agencies;
(g) A description of the special outreach efforts that will
be undertaken to recruit eligible young women, including
young women with dependent children;
(h) A description of how the proposed program will be
coordinated with other federal, state, local, and private
resources and programs, including vocational, adult, and
bilingual education programs, and job training programs;
(i) Assurances that there will be a sufficient number of
adequately trained supervisory personnel in the program who
have attained the level of journeyman or have served an
apprenticeship through the Washington state apprenticeship
training council;
(j) A description of the applicant’s relationship with
building contractor groups and trade unions regarding their
involvement in training, and the relationship of the
youthbuild program with established apprenticeship and
training programs;
(k) A description of activities that will be undertaken to
develop the leadership skills of the participants;
(l) A description of the commitments for any additional
resources to be made available to the local program from the
applicant, from recipients of other federal, state, local, or
private sources; and
(m) Other factors the commissioner deems necessary.
[1994 sp.s. c 3 § 6.]
50.72.070 Grant applicants—Information required—Evaluation reports. (1) An applicant selected for
funding under this chapter shall provide the department
information on program and participant accomplishments.
The information shall be provided in progress and final
reports as requested by the department.
(2002 Ed.)
Youthbuild Program
(2) A final evaluation report shall be prepared on
individual programs at the time of their completion. The
final evaluation report shall include, but is not limited to,
information on the effectiveness of the program, the status
of program participants, and recommendations on program
administration at the state and local level. [1998 c 245 §
103; 1994 sp.s. c 3 § 7.]
Chapter 50.98
CONSTRUCTION
Sections
50.98.010
50.98.020
50.98.030
50.98.040
50.98.050
50.98.060
50.98.070
50.98.080
50.98.100
50.98.110
Saving clause—1945 c 35.
Appointments and regulations continued.
Actions commenced under prior laws.
Acts repealed.
Conflicting acts repealed.
Repealed acts not reenacted.
Separability of provisions—1945 c 35.
Effective date—1945 c 35.
Base year wages to include remuneration paid for previously
uncovered services.
Compliance with federal unemployment tax act—Internal
references—Interpretation.
50.98.010 Saving clause—1945 c 35. If any provisions of this act, or the application thereof to any person or
circumstances, is held invalid, the remainder of the act and
the application of such provision to other persons or circumstances shall not be affected thereby. [1945 c 35 § 184; no
RRS.]
50.98.020 Appointments and regulations continued.
The repeal of any acts or parts of acts by this act shall not
affect the appointment or employment of any individual or
salary, wages, compensation, powers or duties relating to
such individual which would continue in effect except for
such repeal. Rules and regulations adopted pursuant to the
provisions of any acts or parts of acts repealed by this act
consistent with the provisions of this act are not affected by
such repeal and are hereby continued in full force and effect.
[1945 c 35 § 185; no RRS.]
50.98.030 Actions commenced under prior laws.
Any action or proceeding had or commenced in any civil or
criminal cause prior to the effective date of this act may be
prosecuted and continued with the same effect and under the
same provisions of the law in effect at the time the action or
proceeding was had or commenced: PROVIDED, That no
appeal taken subsequent to the effective date of this act will
be effective or valid unless there is compliance with the
requirements of this act relating to appeals. [1945 c 35 §
186; no RRS.]
50.98.040 Acts repealed. The following acts and
parts of acts relating to unemployment compensation are
hereby repealed: Chapter 162, Session Laws of 1937;
chapter 12, Session Laws of 1939; chapter 214, Session
Laws of 1939; section 6 of chapter 201, Session Laws of
1941; chapter 253, Session Laws of 1941; chapter 65,
Session Laws of 1943; chapter 127, Session Laws of 1943;
(2002 Ed.)
50.72.070
chapter 226, Session Laws of 1943. [1945 c 35 § 188; no
RRS.]
50.98.050 Conflicting acts repealed. All acts or parts
of acts in conflict with or in derogation of this act or any
part of this act are hereby repealed insofar as the same are
in conflict with or in derogation of this act or any part
thereof. [1945 c 35 § 189; no RRS.]
50.98.060 Repealed acts not reenacted. The repeal
of any acts or parts of acts hereby shall not be construed to
reenact or revive any act or parts of acts repealed or superseded by the acts or parts of acts hereby repealed. [1945 c
35 § 190; no RRS.]
50.98.070 Separability of provisions—1945 c 35. If
any section, sentence, clause or phrase of this act should be
held to be invalid or unconstitutional the invalidity or
unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, sentence, clause or
phrase of this act. [1945 c 35 § 191; no RRS.]
Severability—1951 c 265: "If any section, sentence, clause or word
of this act shall be held unconstitutional, the invalidity of such section,
sentence, clause or word shall not affect the validity of any other portion of
this act, it being the intent of this legislative assembly to enact the
remainder of this act notwithstanding such part so declared unconstitutional
should or may be so declared." [1951 c 265 § 14.]
50.98.080 Effective date—1945 c 35. An emergency
exists and this act is necessary for the preservation of the
public peace, health, safety, and welfare and shall take effect
on the first day of July, 1945. [1945 c 35 § 192; no RRS.]
50.98.100 Base year wages to include remuneration
paid for previously uncovered services. (1) Effective with
benefit years beginning on and after January 1, 1978, base
year wages shall include remuneration paid for previously
uncovered services: PROVIDED, That the maximum
benefits payable to an individual as computed for the benefit
year will be reduced to the extent that benefits were paid on
the basis of identical calendar quarters of the previously
uncovered services with respect to a claim filed by the
individual under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974. Benefits will be paid,
subject to the provisions of this title, based upon the previously uncovered services to the extent that the unemployment compensation trust fund will be reimbursed for the cost
thereof by the federal government under section 121 of PL
94-566 and regulations published by the secretary of labor
relating thereto.
(2) For the purposes of this section, the term "previously
uncovered services" means services performed before
January 1, 1978, which are not employment as defined in
Title 50 RCW at any time during the one year period ending
December 31, 1975, and which:
(a) Is agricultural labor as defined in RCW 50.04.150
and covered by RCW 50.04.155 or domestic services as
defined in and covered by RCW 50.04.160; or
(b) Is service performed by an employee of this state or
a political subdivision of this state newly covered by chapter
292, Laws of 1977 ex. sess. or by an employee of a nonprof[Title 50 RCW—page 91]
50.98.100
Title 50 RCW: Unemployment Compensation
it educational institution which is not an institution of higher
education as provided in RCW 50.44.040(3).
(3) Any nonprofit organization or governmental entity
electing to make payments in lieu of contributions shall not
be liable to make payments with respect to benefits paid any
individual whose base year wages include wages for previously uncovered services as defined in subsection (2)(a) and
(b) of this section to the extent that the unemployment
compensation fund is reimbursed for the benefits under
section 121 of PL 94-566.
(4) Benefits paid any individual whose base year wages
include wages for previously uncovered services as defined
in subsection (2)(a) and (b) of this section shall not be
charged to the experience rating account of any contribution
paying employer to the extent that the unemployment
compensation fund is reimbursed for the benefits under
section 121 of PL 94-566. [1977 ex.s. c 292 § 20.]
Effective dates—1977 ex.s. c 292: See note following RCW
50.04.116.
50.98.110 Compliance with federal unemployment
tax act—Internal references—Interpretation. Chapter
292, Laws of 1977 ex. sess. has been enacted to meet the requirements imposed by the federal unemployment tax act as
amended by PL 94-566. Internal references in any section
of chapter 292, Laws of 1977 ex. sess. to the provisions of
that act are intended only to apply to those provisions as
they existed as of *the effective date of chapter 292, Laws
of 1977 ex. sess.
In view of the importance of compliance of chapter 292,
Laws of 1977 ex. sess. with the federal unemployment tax
act, any ambiguities contained herein should be resolved in
a manner consistent with the provisions of that act. Considerable weight has been given to the commentary contained
in that document entitled "Draft Language and Commentary
to Implement the Unemployment Compensation Amendments of 1976 PL 94-566", published by the United States
department of labor, employment and training administration,
and that commentary should be referred to when interpreting
the provisions of chapter 292, Laws of 1977 ex. sess. [1977
ex.s. c 292 § 21.]
*Reviser’s note: For the effective dates of 1977 ex.s. c 292, see note
following RCW 50.04.116.
[Title 50 RCW—page 92]
(2002 Ed.)
Title 51
INDUSTRIAL INSURANCE
Chapters
51.04
51.08
51.12
51.14
51.16
51.18
51.24
51.28
51.32
51.36
51.44
51.48
51.52
51.98
51.04.130
General provisions.
Definitions.
Employments and occupations covered.
Self-insurers.
Assessment and collection of premiums—
Payrolls and records.
Retrospective rating plan.
Actions at law for injury or death.
Notice and report of accident—Application
for compensation.
Compensation—Right to and amount.
Medical aid.
Funds.
Penalties.
Appeals.
Construction.
Autopsies in industrial deaths: RCW 68.50.103.
Civil defense workers, compensation for: Chapter 38.52 RCW.
Constitutional protection of employees: State Constitution Art. 2 § 35.
Department of labor and industries: Chapter 43.22 RCW.
Ferry system employees in extrahazardous employment: RCW 47.64.070.
Fisheries patrol officers, compensation insurance and medical aid: RCW
77.12.262.
Labor regulations, generally: Title 49 RCW.
Lien of employees for contributions to benefit plans: Chapter 60.76 RCW.
Occupational and environmental research facility at University of Washington: RCW 28B.20.450 through 28B.20.458.
Supervisor of industrial insurance: RCW 43.22.020.
Trusts, duration for employee’s benefits: Chapter 49.64 RCW.
Unemployment compensation: Title 50 RCW.
Victims of crimes, benefits: Chapter 7.68 RCW.
Chapter 51.04
GENERAL PROVISIONS
Sections
51.04.010
51.04.020
51.04.030
51.04.040
51.04.050
51.04.060
51.04.070
51.04.080
51.04.082
51.04.085
51.04.090
51.04.100
51.04.105
51.04.110
51.04.120
(2002 Ed.)
Declaration of police power—Jurisdiction of courts abolished.
Powers and duties.
Medical aid—Rules—Maximum fees—Records and bill
payment.
Subpoena power of director—Enforcement by superior
court.
Physician’s testimony not privileged.
No evasion of benefits or burdens.
Minor worker is sui juris—Guardianship expense.
Sending notices, orders, warrants to claimants.
Notices and orders—Mail or personal service.
Transmission of amounts payable.
Effect of adjudication of applicability.
Statutes of limitation saved.
Continuation of medical aid contracts.
Workers’ compensation advisory committee.
Certificate of coverage required—Contents.
Industrial insurance coverage for Hanford workers—Special
agreements.
51.04.140 Year 2000 failure—No interest or penalties for failure to pay
premium.
Public assistance recipient receiving industrial insurance compensation,
recovery by department: RCW 74.04.530 through 74.04.580.
51.04.010 Declaration of police power—Jurisdiction
of courts abolished. The common law system governing
the remedy of workers against employers for injuries
received in employment is inconsistent with modern industrial conditions. In practice it proves to be economically
unwise and unfair. Its administration has produced the result
that little of the cost of the employer has reached the worker
and that little only at large expense to the public. The
remedy of the worker has been uncertain, slow and inadequate. Injuries in such works, formerly occasional, have
become frequent and inevitable. The welfare of the state
depends upon its industries, and even more upon the welfare
of its wage worker. The state of Washington, therefore,
exercising herein its police and sovereign power, declares
that all phases of the premises are withdrawn from private
controversy, and sure and certain relief for workers, injured
in their work, and their families and dependents is hereby
provided regardless of questions of fault and to the exclusion
of every other remedy, proceeding or compensation, except
as otherwise provided in this title; and to that end all civil
actions and civil causes of action for such personal injuries
and all jurisdiction of the courts of the state over such causes
are hereby abolished, except as in this title provided. [1977
ex.s. c 350 § 1; 1972 ex.s. c 43 § 1; 1961 c 23 § 51.04.010.
Prior: 1911 c 74 § 1; RRS § 7673.]
51.04.020 Powers and duties. The director shall:
(1) Establish and adopt rules governing the administration of this title;
(2) Ascertain and establish the amounts to be paid into
and out of the accident fund;
(3) Regulate the proof of accident and extent thereof,
the proof of death and the proof of relationship and the
extent of dependency;
(4) Supervise the medical, surgical, and hospital
treatment to the intent that it may be in all cases efficient
and up to the recognized standard of modern surgery;
(5) Issue proper receipts for moneys received and
certificates for benefits accrued or accruing;
(6) Investigate the cause of all serious injuries and
report to the governor from time to time any violations or
laxity in performance of protective statutes or regulations
coming under the observation of the department;
(7) Compile statistics which will afford reliable information upon which to base operations of all divisions under the
department;
[Title 51 RCW—page 1]
51.04.020
Title 51 RCW: Industrial Insurance
(8) Make an annual report to the governor of the
workings of the department;
(9) Be empowered to enter into agreements with the
appropriate agencies of other states relating to conflicts of
jurisdiction where the contract of employment is in one state
and injuries are received in the other state, and insofar as
permitted by the Constitution and laws of the United States,
to enter into similar agreements with the provinces of
Canada; and
(10) Designate a medical director who is licensed under
chapter 18.57 or 18.71 RCW. [2000 c 5 § 14; 1994 c 164
§ 24; 1977 c 75 § 77; 1963 c 29 § 1; 1961 c 23 § 51.04.020.
Prior: 1957 c 70 § 3; prior: (i) 1921 c 182 § 9; 1911 c 74
§ 24; RRS § 7703. (ii) 1947 c 247 § 1, part; 1911 c 74 § 4,
part; Rem. Supp. 1947 § 7676f, part.]
Intent—Purpose—2000 c 5: See RCW 48.43.005.
Application—Short title—Captions not law—Construction—
Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
Severability—1963 c 29: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1963 c 29 § 2.]
Assignment of wage claims: RCW 49.48.040.
Electricians, installations: Chapters 19.28, 19.29 RCW.
Farm labor contractors: Chapter 19.30 RCW.
Health and safety, underground workers: Chapter 49.24 RCW.
Minimum wage act: Chapter 49.46 RCW.
Seasonal labor disputes: Chapter 49.40 RCW.
Washington Industrial Safety and Health Act: Chapter 49.17 RCW.
51.04.030 Medical aid—Rules—Maximum fees—
Records and bill payment. (1) The director shall supervise
the providing of prompt and efficient care and treatment, including care provided by physician assistants governed by
the provisions of chapters 18.57A and 18.71A RCW, acting
under a supervising physician, and including chiropractic
care, to workers injured during the course of their employment at the least cost consistent with promptness and
efficiency, without discrimination or favoritism, and with as
great uniformity as the various and diverse surrounding
circumstances and locations of industries will permit and to
that end shall, from time to time, establish and adopt and
supervise the administration of printed forms, rules, regulations, and practices for the furnishing of such care and
treatment: PROVIDED, That the medical coverage decisions
of the department do not constitute a "rule" as used in RCW
34.05.010(16), nor are such decisions subject to the rulemaking provisions of chapter 34.05 RCW except that criteria
for establishing medical coverage decisions shall be adopted
by rule after consultation with the workers’ compensation
advisory committee established in RCW 51.04.110: PROVIDED FURTHER, That the department may recommend to
an injured worker particular health care services and providers where specialized treatment is indicated or where cost
effective payment levels or rates are obtained by the department: AND PROVIDED FURTHER, That the department may enter into contracts for goods and services
including, but not limited to, durable medical equipment so
long as statewide access to quality service is maintained for
injured workers.
[Title 51 RCW—page 2]
(2) The director shall, in consultation with interested
persons, establish and, in his or her discretion, periodically
change as may be necessary, and make available a fee
schedule of the maximum charges to be made by any physician, surgeon, chiropractor, hospital, druggist, physicians’
assistants as defined in chapters 18.57A and 18.71A RCW,
acting under a supervising physician or other agency or
person rendering services to injured workers. The department shall coordinate with other state purchasers of health
care services to establish as much consistency and uniformity
in billing and coding practices as possible, taking into
account the unique requirements and differences between
programs. No service covered under this title, including
services provided to injured workers, whether aliens or other
injured workers, who are not residing in the United States at
the time of receiving the services, shall be charged or paid
at a rate or rates exceeding those specified in such fee
schedule, and no contract providing for greater fees shall be
valid as to the excess. The establishment of such a schedule,
exclusive of conversion factors, does not constitute "agency
action" as used in RCW 34.05.010(3), nor does such a fee
schedule constitute a "rule" as used in RCW 34.05.010(16).
(3) The director or self-insurer, as the case may be, shall
make a record of the commencement of every disability and
the termination thereof and, when bills are rendered for the
care and treatment of injured workers, shall approve and pay
those which conform to the adopted rules, regulations, established fee schedules, and practices of the director and may
reject any bill or item thereof incurred in violation of the
principles laid down in this section or the rules, regulations,
or the established fee schedules and rules and regulations
adopted under it. [1998 c 230 § 1; 1997 c 325 § 2; 1994 c
164 § 25. Prior: 1993 c 515 § 1; 1993 c 159 § 1; 1989 c
189 § 1; 1986 c 200 § 8; 1980 c 14 § 1; prior: 1977 ex.s.
c 350 § 2; 1977 ex.s. c 239 § 1; 1971 ex.s. c 289 § 74; 1961
c 23 § 51.04.030; prior: (i) 1917 c 28 § 6; RRS § 7715.
(ii) 1919 c 129 § 3; 1917 c 29 § 7; RRS § 7716. (iii) 1923
c 136 § 10; RRS § 7719.]
51.04.040
Subpoena power of director—
Enforcement by superior court. The director and his or
her authorized assistants shall have power to issue subpoenas
to enforce the attendance and testimony of witnesses and the
production and examination of books, papers, photographs,
tapes, and records before the department in connection with
any claim made to the department, any billing submitted to
the department, or the assessment or collection of premiums.
The superior court shall have the power to enforce any such
subpoena by proper proceedings. [1987 c 316 § 1; 1986 c
200 § 9; 1977 ex.s. c 323 § 1; 1961 c 23 § 51.04.040.
Prior: 1915 c 188 § 7; RRS § 7699.]
Severability—1977 ex.s. c 323: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 323 § 29.]
Effective date—1977 ex.s. c 323: "This 1977 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1977." [1977 ex.s. c 323 § 30.]
51.04.050 Physician’s testimony not privileged. In
all hearings, actions or proceedings before the department or
(2002 Ed.)
General Provisions
51.04.050
the board of industrial insurance appeals, or before any court
on appeal from the board, any physician having theretofore
examined or treated the claimant may be required to testify
fully regarding such examination or treatment, and shall not
be exempt from so testifying by reason of the relation of
physician to patient. [1961 c 23 § 51.04.050. Prior: 1915
c 188 § 4; RRS § 7687.]
records of the department, or, if no such address is shown,
to such address as the department is able to ascertain by
reasonable effort. Failure of the employer to receive such
notice or order whether served or mailed shall not release the
employer from any tax or any increases or penalties thereon.
[1986 c 9 § 2.]
Nurse-patient privilege subject to RCW 51.04.050: RCW 5.62.030.
51.04.085 Transmission of amounts payable. The
department may, at any time, on receipt of written authorization, transmit amounts payable to a claimant, beneficiary, or
any supplier of goods or services to the account of such
person in a bank or other financial institution regulated by
state or federal authority. [1977 ex.s. c 323 § 26.]
51.04.060 No evasion of benefits or burdens. No
employer or worker shall exempt himself or herself from the
burden or waive the benefits of this title by any contract,
agreement, rule or regulation, and any such contract,
agreement, rule or regulation shall be pro tanto void. [1977
ex.s. c 350 § 3; 1961 c 23 § 51.04.060. Prior: 1911 c 74 §
11; RRS § 7685.]
51.04.070 Minor worker is sui juris—Guardianship
expense. A minor shall be deemed sui juris for the purpose
of this title, and no other person shall have any cause of
action or right to compensation for an injury to such minor
worker, except as expressly provided in this title, but in the
event of any disability payments becoming due under this
title to a minor worker, under the age of eighteen, such
disability payments shall be paid to his or her parent,
guardian or other person having legal custody of his or her
person until he or she reaches the age of eighteen. Upon the
submission of written authorization by any such parent,
guardian, or other person, any such disability payments may
be paid directly to such injured worker under the age of
eighteen years. If it is necessary to appoint a legal guardian
to receive such disability payments, there shall be paid from
the accident fund or by the self-insurer, as the case may be,
toward the expenses of such guardianship a sum not to
exceed three hundred dollars. [1980 c 14 § 2. Prior: 1977
ex.s. c 350 § 4; 1977 ex.s. c 323 § 2; 1961 c 23 §
51.04.070; prior: 1959 c 308 § 1; 1957 c 70 § 4; prior:
1927 c 310 § 5, part; 1919 c 131 § 5, part; 1911 c 74 § 6,
part; RRS § 7680, part.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.04.080 Sending notices, orders, warrants to
claimants. On all claims under this title, claimants’ written
notices, orders, or warrants shall not be forwarded to, or in
care of, any representative of the claimant, but shall be
forwarded directly to the claimant until such time as there
has been entered an order on the claim appealable to the
board of industrial insurance appeals. [1972 ex.s. c 43 § 2;
1961 c 23 § 51.04.080. Prior: 1959 c 308 § 2; 1957 c 70
§ 5; prior: 1947 c 56 § 1, part; 1927 c 310 § 7, part; 1923
c 136 § 4, part; 1921 c 182 § 6, part; 1919 c 131 § 6, part;
1911 c 74 § 10, part; Rem. Supp. 1947 § 7684, part.]
51.04.082 Notices and orders—Mail or personal
service. Any notice or order required by this title to be
mailed to any employer may be served in the manner prescribed by law for personal service of summons and complaint in the commencement of actions in the superior courts
of the state, but if the notice or order is mailed, it shall be
addressed to the address of the employer as shown by the
(2002 Ed.)
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.04.090 Effect of adjudication of applicability. If
any employer shall be adjudicated to be outside the lawful
scope of this title, the title shall not apply to him or her or
his or her worker, or if any worker shall be adjudicated to be
outside the lawful scope of this title because of remoteness
of his or her work from the hazard of his or her employer’s
work, any such adjudication shall not impair the validity of
this title in other respects, and in every such case an accounting in accordance with the justice of the case shall be
had of moneys received. If the provisions for the creation
of the accident fund, or the provisions of this title making
the compensation to the worker provided in it exclusive of
any other remedy on the part of the worker shall be held
invalid the entire title shall be thereby invalidated. In other
respects an adjudication of invalidity of any part of this title
shall not affect the validity of the title as a whole or any
other part thereof. [1977 ex.s. c 350 § 5; 1961 c 23 §
51.04.090. Prior: 1911 c 74 § 27; RRS § 7706.]
51.04.100 Statutes of limitation saved. If the
provisions of this title relative to compensation for injuries
to or death of workers become invalid because of any adjudication, or be repealed, the period intervening between the
occurrence of an injury or death, not previously compensated
for under this title by lump payment or completed monthly
payments, and such repeal or the rendition of the final
adjudication of invalidity shall not be computed as a part of
the time limited by law for the commencement of any action
relating to such injury or death: PROVIDED, That such
action be commenced within one year after such repeal or
adjudication; but in any such action any sum paid out of the
accident fund to the worker on account of injury, to whom
the action is prosecuted, shall be taken into account or
disposed of as follows: If the defendant employer shall have
paid without delinquency into the accident fund the payment
provided by this title, such sums shall be credited upon the
recovery as payment thereon, otherwise the sum shall not be
so credited but shall be deducted from the sum collected and
be paid into the said fund from which they had been previously disbursed. [1977 ex.s. c 350 § 6; 1961 c 23 §
51.04.100. Prior: 1911 c 74 § 28; RRS § 7707.]
51.04.105 Continuation of medical aid contracts.
The obligations of all medical aid contracts approved by the
supervisor prior to the repeal of any section of this title
[Title 51 RCW—page 3]
51.04.105
Title 51 RCW: Industrial Insurance
pertaining to medical aid contracts shall continue until the
expiration of such contracts notwithstanding any such repeal
and all provisions of this title pertaining to the operation of
medical aid contracts and the control and supervision of such
contracts which were in effect at the time of such approval
shall, notwithstanding any other provision of law, remain in
full force and effect. [1977 ex.s. c 323 § 25.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.04.110 Workers’ compensation advisory committee. The director shall appoint a workers’ compensation
advisory committee composed of ten members: Three
representing subject workers, three representing subject
employers, one representing self-insurers, one representing
workers of self-insurers, and two ex officio members,
without a vote, one of whom shall be the chairman of the
board of industrial appeals and the other the representative
of the department. The member representing the department
shall be chairman. This committee shall conduct a continuing study of any aspects of workers’ compensation as the
committee shall determine require their consideration. The
committee shall report its findings to the department or the
board of industrial insurance appeals for such action as
deemed appropriate. The members of the committee shall be
appointed for a term of three years commencing on July 1,
1971 and the terms of the members representing the workers
and employers shall be staggered so that the director shall
designate one member from each such group initially
appointed whose term shall expire on June 30, 1972 and one
member from each such group whose term shall expire on
June 30, 1973. The members shall serve without compensation, but shall be entitled to travel expenses as provided in
RCW 43.03.050 and 43.03.060 as now existing or hereafter
amended. The committee may hire such experts, if any, as
it shall require to discharge its duties, and may utilize such
personnel and facilities of the department and board of
industrial insurance appeals as it shall need without charge.
All expenses of this committee shall be paid by the department. [1982 c 109 § 2; 1980 c 14 § 3. Prior: 1977 ex.s. c
350 § 7; 1977 c 75 § 78; 1975-’76 2nd ex.s. c 34 § 150;
1975 ex.s. c 224 § 1; 1972 ex.s. c 43 § 37; 1971 ex.s. c 289
§ 67.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Effective date—1975 1st ex.s. c 224: "This 1975 amendatory act
shall take effect on July 1, 1975." [1975 1st ex.s. c 224 § 20.]
Managed care pilot projects: RCW 43.72.860.
51.04.120 Certificate of coverage required—
Contents. Any employer other than a self-insurer subject to
this title shall, under such rules as the department shall
prescribe, apply for and obtain from the department a
certificate of coverage. The certificate shall be personal and
nontransferable and shall be valid as long as the employer
continues in business and pays the taxes due the state. In
case the employer maintains more than one place of business, a separate certificate of coverage for each place at
which business is transacted shall be required. Each
certificate shall be numbered and shall show the name,
residence, and place and character of business of the
employer and such other information as the department
[Title 51 RCW—page 4]
deems necessary and shall be posted conspicuously at the
place of business for which it is issued. Where a place of
business of the employer is changed, the employer must
notify the department within thirty days of the new address
and a new certificate shall be issued for the new place of
business. No employer may engage in any business for
which taxes are due under this title without having a
certificate of coverage in compliance with this section,
except that the department, by general rule, may provide for
the issuance of a certificate of coverage to employers with
temporary places of business. [1986 c 9 § 1.]
Engaging in business without certificate of coverage: RCW 51.48.103.
51.04.130 Industrial insurance coverage for
Hanford workers—Special agreements. The department
of labor and industries upon the request of the secretary of
defense of the United States or the secretary of the United
States department of energy, may in its discretion approve
special insuring agreements providing industrial insurance
coverage for workers engaged in the performance of work,
either directly or indirectly, for the United States, regarding
projects and contracts at the Hanford Nuclear Reservation.
The agreements need not conform to the requirements
specified in the industrial insurance law of this state if the
department finds that the application of the plan will effectively aid the national interest. The department may also
approve or direct changes or modifications of the agreements
as it deems necessary.
An agreement entered into under this section remains in
full force and effect for as long as the department deems it
necessary to accomplish the purposes of this section. [1997
c 109 § 1; 1951 c 144 § 1.]
Severability—1997 c 109: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 109 § 4.]
51.04.140 Year 2000 failure—No interest or penalties for failure to pay premium. (Expires December 31,
2006.) (1) No interest or penalties shall be imposed on any
employer because of the failure to pay any premium required
by this title to be made to the state treasury for the accident
fund, the medical aid fund, the supplemental pension fund,
or any other fund created under this title if the employer
establishes that:
(a) The failure to pay was caused, in whole or in part,
by a year 2000 failure associated with an electronic computing device;
(b) The year 2000 failure being asserted was not
proximately caused by a failure of the employer to update an
electronic computing device, that is under his or her dominion or control, to be year 2000 compliant; and
(c) If it were not for the year 2000 failure, the employer
would have been able to satisfy the payment of premiums in
a timely manner.
Payment of such premiums shall be made within thirty
days after the year 2000 failure has been corrected or
reasonably should have been corrected.
(2)(a) The definitions in RCW 4.22.080 apply to this
section unless the context clearly requires otherwise.
(2002 Ed.)
General Provisions
(b) As used in this section, unless the context clearly
requires otherwise, "employer" means a natural person or a
small business as defined in RCW 19.85.020.
(3) This section does not affect those transactions upon
which a default has occurred before any disruption of
financial or data transfer operations attributable to a year
2000 failure.
(4) This section does not apply to any claim or cause of
action filed after December 31, 2003.
(5) This section expires December 31, 2006. [1999 c
369 § 4.]
Effective date—1999 c 369: See note following RCW 4.22.080.
Chapter 51.08
DEFINITIONS
Sections
51.08.010
51.08.012
51.08.013
51.08.014
51.08.015
51.08.018
51.08.020
51.08.030
51.08.040
51.08.050
51.08.060
51.08.070
51.08.095
51.08.100
51.08.110
51.08.140
51.08.142
51.08.150
51.08.160
51.08.173
51.08.175
51.08.177
51.08.178
51.08.180
51.08.185
51.08.195
Meaning of words.
"Accredited school."
"Acting in the course of employment."
"Agriculture."
"Amount," "payment," "premium," "contribution," "assessment."
"Average monthly wage."
"Beneficiary."
"Child."
"Department."
"Dependent."
"Director."
"Employer"—Exception.
"Health services provider"—"Provider."
"Injury."
"Invalid."
"Occupational disease."
"Occupational disease"—Exclusion of mental conditions
caused by stress.
"Permanent partial disability."
"Permanent total disability."
"Self-insurer."
"State fund"—"State of Washington industrial insurance
fund."
"Successor."
"Wages"—Monthly wages as basis of compensation—
Computation thereof.
"Worker"—Exceptions.
"Employee."
Employer and worker—Alternative exception.
51.08.010 Meaning of words. Unless the context
indicates otherwise, words used in this title shall have the
meaning given in this chapter. [1961 c 23 § 51.08.010.
Prior: 1939 c 41 § 2, part; 1929 c 132 § 1, part; 1927 c 310
§ 2, part; 1921 c 182 § 2, part; 1919 c 131 § 2, part; 1917
c 120 § 1, part; 1911 c 74 § 3, part; RRS § 7675, part.]
51.08.012 "Accredited school." For the purposes of
this title, "accredited school" means a school or course of
instruction which is:
(1) Approved by the state superintendent of public
instruction, the state board of education, the *state board for
community college education, or the state division of
vocational education of the **coordinating council for
occupational education; or
(2) Regulated or licensed as to course content by any
agency of the state or under any occupational licensing act
of the state, or recognized by the apprenticeship council
(2002 Ed.)
51.04.140
under an agreement registered with the apprenticeship council pursuant to chapter 49.04 RCW. [1975 1st ex.s. c 224 §
2; 1969 ex.s. c 77 § 3.]
Reviser’s note: *(1) The state board for community college education
was renamed the state board for community and technical colleges by 1991
c 238 § 30.
**(2) The coordinating council for occupational education was
abolished by 1975 1st ex.s. c 174 § 9.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.08.013 "Acting in the course of employment."
(1) "Acting in the course of employment" means the worker
acting at his or her employer’s direction or in the furtherance
of his or her employer’s business which shall include time
spent going to and from work on the jobsite, as defined in
RCW 51.32.015 and 51.36.040, insofar as such time is
immediate to the actual time that the worker is engaged in
the work process in areas controlled by his or her employer,
except parking area. It is not necessary that at the time an
injury is sustained by a worker he or she is doing the work
on which his or her compensation is based or that the event
is within the time limits on which industrial insurance or
medical aid premiums or assessments are paid.
(2) "Acting in the course of employment" does not
include:
(a) Time spent going to or coming from the employer’s
place of business in an alternative commute mode, notwithstanding that the employer (i) paid directly or indirectly, in
whole or in part, the cost of a fare, pass, or other expense
associated with the alternative commute mode; (ii) promoted
and encouraged employee use of one or more alternative
commute modes; or (iii) otherwise participated in the
provision of the alternative commute mode.
(b) An employee’s participation in social activities,
recreational or athletic activities, events, or competitions, and
parties or picnics, whether or not the employer pays some or
all of the costs thereof, unless: (i) The participation is
during the employee’s working hours, not including paid
leave; (ii) the employee was paid monetary compensation by
the employer to participate; or (iii) the employee was
ordered or directed by the employer to participate or reasonably believed the employee was ordered or directed to
participate.
(3) "Alternative commute mode" means (a) a carpool or
vanpool arrangement whereby a group of at least two but not
more than fifteen persons including passengers and driver, is
transported between their places of abode or termini near
those places, and their places of employment or educational
or other institutions, where the driver is also on the way to
or from his or her place of employment or educational or
other institution; (b) a bus, ferry, or other public transportation service; or (c) a nonmotorized means of commuting
such as bicycling or walking. [1997 c 250 § 10; 1995 c 179
§ 1; 1993 c 138 § 1; 1979 c 111 § 15; 1977 ex.s. c 350 § 8;
1961 c 107 § 3.]
Severability—1979 c 111: See note following RCW 46.74.010.
51.08.014 "Agriculture." "Agriculture" means the
business of growing or producing any agricultural or
horticultural produce or crop, including the raising of any
animal, bird, or insect, or the milk, eggs, wool, fur, meat,
[Title 51 RCW—page 5]
51.08.014
Title 51 RCW: Industrial Insurance
honey, or other substances obtained therefrom. [1971 ex.s.
c 289 § 75.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.08.015 "Amount," "payment," "premium,"
"contribution," "assessment." Wherever and whenever in
any of the provisions of this title relating to any payments by
an employer or worker the words "amount" and/or
"amounts," "payment" and/or "payments," "premium" and/or
"premiums," "contribution" and/or "contributions," and "assessment" and/or "assessments" appear said words shall be
construed to mean taxes, which are the money payments by
an employer or worker which are required by this title to be
made to the state treasury for the accident fund, the medical
aid fund, the supplemental pension fund, or any other fund
created by this title. [1977 ex.s. c 350 § 9; 1972 ex.s. c 43
§ 3; 1961 c 23 § 51.08.015. Prior: 1959 c 308 § 25.]
51.08.018 "Average monthly wage." For purposes
of this title, the average monthly wage in the state shall be
the average annual wage as determined under RCW
50.04.355 as now or hereafter amended divided by twelve.
[1977 ex.s. c 323 § 3; 1971 ex.s. c 289 § 15.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.08.020 "Beneficiary." "Beneficiary" means a
husband, wife, child, or dependent of a worker in whom
shall vest a right to receive payment under this title:
PROVIDED, That a husband or wife of an injured worker,
living separate and apart in a state of abandonment, regardless of the party responsible therefor, for more than one year
at the time of the injury or subsequently, shall not be a
beneficiary. A spouse who has lived separate and apart from
the other spouse for the period of two years and who has
not, during that time, received, or attempted by process of
law to collect, funds for maintenance, shall be deemed living
in a state of abandonment. [1977 ex.s. c 350 § 10; 1973 1st
ex.s. c 154 § 91; 1961 c 23 § 51.08.020. Prior: 1957 c 70
§ 6; prior: (i) 1939 c 41 § 2, part; 1929 c 132 § 1, part;
1927 c 310 § 2, part; 1921 c 182 § 2, part; 1919 c 131 § 2,
part; 1917 c 120 § 1, part; 1911 c 74 § 3, part; RRS § 7675,
part. (ii) 1949 c 219 § 1, part; 1947 c 246 § 1, part; 1929
c 132 § 2, part; 1927 c 310 § 4, part; 1923 c 136 § 2, part;
1919 c 131 § 4, part; 1917 c 28 § 1, part; 1913 c 148 § 1,
part; 1911 c 74 § 5, part; Rem. Supp. 1949 § 7679, part.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
51.08.030 "Child." "Child" means every natural born
child, posthumous child, stepchild, child legally adopted
prior to the injury, child born after the injury where conception occurred prior to the injury, and dependent child in the
legal custody and control of the worker, all while under the
age of eighteen years, or under the age of twenty-three years
while permanently enrolled at a full time course in an
accredited school, and over the age of eighteen years if the
child is a dependent as a result of a physical, mental, or
[Title 51 RCW—page 6]
sensory handicap. [1986 c 293 § 1; 1980 c 14 § 4. Prior:
1977 ex.s. c 323 § 4; 1977 ex.s. c 80 § 36; 1975-’76 2nd
ex.s. c 42 § 37; 1972 ex.s. c 65 § 1; 1969 ex.s. c 77 § 1;
1961 c 23 § 51.08.030; prior: 1957 c 70 § 7; prior: (i)
1939 c 41 § 2, part; 1929 c 132 § 1, part; 1927 c 310 § 2,
part; 1921 c 182 § 2, part; 1919 c 131 § 2, part; 1917 c 120
§ 1, part; 1911 c 74 § 3, part; RRS § 7675, part. (ii) 1941
c 209 § 3, part; Rem. Supp. 1941 § 7679, part.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
51.08.040 "Department." "Department" means
department of labor and industries. [1961 c 23 § 51.08.040.]
Department of labor and industries: Chapter 43.22 RCW.
51.08.050 "Dependent." "Dependent" means any of
the following named relatives of a worker whose death
results from any injury and who leaves surviving no widow,
widower, or child, viz: Father, mother, grandfather, grandmother, stepfather, stepmother, grandson, granddaughter,
brother, sister, half-sister, half-brother, niece, nephew, who
at the time of the accident are actually and necessarily
dependent in whole or in part for their support upon the
earnings of the worker. [1997 c 325 § 6; 1977 ex.s. c 350
§ 11; 1961 c 23 § 51.08.050. Prior: 1957 c 70 § 8; prior:
1939 c 41 § 2, part; 1929 c 132 § 1, part; 1927 c 310 § 2,
part; 1921 c 182 § 2, part; 1919 c 131 § 2, part; 1917 c 120
§ 1, part; 1911 c 74 § 3, part; RRS § 7675, part.]
51.08.060 "Director." "Director" means the director
of labor and industries. [1961 c 23 § 51.08.060.]
51.08.070 "Employer"—Exception. "Employer"
means any person, body of persons, corporate or otherwise,
and the legal representatives of a deceased employer, all
while engaged in this state in any work covered by the
provisions of this title, by way of trade or business, or who
contracts with one or more workers, the essence of which is
the personal labor of such worker or workers. Or as a separate alternative, persons or entities are not employers when
they contract or agree to remunerate the services performed
by an individual who meets the tests set forth in subsections
(1) through (6) of RCW 51.08.195.
For the purposes of this title, a contractor registered
under chapter 18.27 RCW or licensed under chapter 19.28
RCW is not an employer when:
(1) Contracting with any other person, firm, or corporation currently engaging in a business which is registered
under chapter 18.27 RCW or licensed under chapter 19.28
RCW;
(2) The person, firm, or corporation has a principal
place of business which would be eligible for a business
deduction for internal revenue service tax purposes other
than that furnished by the contractor for which the business
has contracted to furnish services;
(3) The person, firm, or corporation maintains a separate
set of books or records that reflect all items of income and
expenses of the business; and
(2002 Ed.)
Definitions
(4) The work which the person, firm, or corporation has
contracted to perform is:
(a) The work of a contractor as defined in RCW
18.27.010; or
(b) The work of installing wires or equipment to convey
electric current or installing apparatus to be operated by such
current as it pertains to the electrical industry as described in
chapter 19.28 RCW. [1991 c 246 § 2; 1981 c 128 § 1; 1977
ex.s. c 350 § 12; 1971 ex.s. c 289 § 1; 1961 c 23 §
51.08.070. Prior: 1957 c 70 § 9; prior: (i) 1939 c 41 § 2,
part; 1929 c 132 § 1, part; 1927 c 310 § 2, part; 1921 c 182
§ 2, part; 1919 c 131 § 2, part; 1917 c 120 § 1, part; 1911
c 74 § 3, part; RRS § 7675, part. (ii) 1949 c 219 § 1, part;
1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927 c 310 § 4,
part; 1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28
§ 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem.
Supp. 1949 § 7679, part.]
Effective date—Conflict with federal requirements—1991 c 246:
See notes following RCW 51.08.195.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.08.095 "Health services provider"—"Provider."
"Health services provider" or "provider" means any person,
firm, corporation, partnership, association, agency, institution, or other legal entity providing any kind of services
related to the treatment of an industrially injured worker.
[1986 c 200 § 12.]
51.08.100 "Injury." "Injury" means a sudden and
tangible happening, of a traumatic nature, producing an
immediate or prompt result, and occurring from without, and
such physical conditions as result therefrom. [1961 c 23 §
51.08.100. Prior: 1959 c 308 § 3; 1957 c 70 § 12; prior:
1939 c 41 § 2, part; 1929 c 132 § 1, part; 1927 c 310 § 2,
part; 1921 c 182 § 2, part; 1919 c 131 § 2, part; 1917 c 120
§ 1, part; 1911 c 74 § 3, part; RRS § 7675, part.]
51.08.110 "Invalid." "Invalid" means one who is
physically or mentally incapacitated from earning. [1961 c
23 § 51.08.110. Prior: 1957 c 70 § 13; prior: 1939 c 41 §
2, part; 1929 c 132 § 1, part; 1927 c 310 § 2, part; 1921 c
182 § 2, part; 1919 c 131 § 2, part; 1917 c 120 § 1, part;
1911 c 74 § 3, part; RRS § 7675, part.]
51.08.140 "Occupational disease." "Occupational
disease" means such disease or infection as arises naturally
and proximately out of employment under the mandatory or
elective adoption provisions of this title. [1961 c 23 §
51.08.140. Prior: 1959 c 308 § 4; 1957 c 70 § 16; prior:
1951 c 236 § 1; 1941 c 235 § 1, part; 1939 c 135 § 1, part;
1937 c 212 § 1, part; Rem. Supp. 1941 § 7679-1, part.]
51.08.142 "Occupational disease"—Exclusion of
mental conditions caused by stress. The department shall
adopt a rule pursuant to chapter 34.05 RCW that claims
based on mental conditions or mental disabilities caused by
stress do not fall within the definition of occupational
disease in RCW 51.08.140. [1988 c 161 § 16.]
(2002 Ed.)
51.08.070
51.08.150 "Permanent partial disability." "Permanent partial disability" means the loss of either one foot, one
leg, one hand, one arm, one eye, one or more fingers, one or
more toes, any dislocation where ligaments were severed
where repair is not complete, or any other injury known in
surgery to be permanent partial disability. [1961 c 23 §
51.08.150. Prior: 1957 c 70 § 17; prior: 1949 c 219 § 1,
part; 1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927 c 310
§ 4, part; 1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917
c 28 § 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5, part;
Rem. Supp. 1949 § 7679, part.]
51.08.160 "Permanent total disability." "Permanent
total disability" means loss of both legs, or arms, or one leg
and one arm, total loss of eyesight, paralysis or other
condition permanently incapacitating the worker from
performing any work at any gainful occupation. [1977 ex.s.
c 350 § 13; 1961 c 23 § 51.08.160. Prior: 1957 c 70 § 18;
prior: 1949 c 219 § 1, part; 1947 c 246 § 1, part; 1929 c
132 § 2, part; 1927 c 310 § 4, part; 1923 c 136 § 2, part;
1919 c 131 § 4, part; 1917 c 28 § 1, part; 1913 c 148 § 1,
part; 1911 c 74 § 5, part; Rem. Supp. 1949 § 7679, part.]
51.08.173 "Self-insurer." "Self-insurer" means an
employer or group of employers which has been authorized
under this title to carry its own liability to its employees
covered by this title. [1983 c 174 § 1; 1971 ex.s. c 289 §
80.]
Effective date—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.08.175 "State fund"—"State of Washington
industrial insurance fund." "State fund" means those
funds held by the state or any agency thereof for the purposes of this title. The "state of Washington industrial
insurance fund" means the department when acting as the
agency to insure the industrial insurance obligation of
employers. The terms "state fund" and "state of Washington
industrial insurance fund" shall be deemed synonymous
when applied to the functions of the department connected
with the insuring of employers who secure the payment of
industrial insurance benefits through the state. The director
shall manage the state fund and the state of Washington
industrial insurance fund and shall have such powers as are
necessary to carry out its functions and may reinsure any
risk insured by the state fund. [1977 ex.s. c 323 § 5; 1972
ex.s. c 43 § 5; 1971 ex.s. c 289 § 88.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.08.177 "Successor." "Successor" means any
person to whom a taxpayer quitting, selling out, exchanging,
or disposing of a business sells or otherwise conveys,
directly or indirectly, in bulk and not in the ordinary course
of the taxpayer’s business, a major part of the materials,
supplies, merchandise, inventory, fixtures, or equipment of
the taxpayer. [1986 c 9 § 3.]
[Title 51 RCW—page 7]
51.08.178
Title 51 RCW: Industrial Insurance
51.08.178 "Wages"—Monthly wages as basis of
compensation—Computation thereof. (1) For the purposes
of this title, the monthly wages the worker was receiving
from all employment at the time of injury shall be the basis
upon which compensation is computed unless otherwise
provided specifically in the statute concerned. In cases
where the worker’s wages are not fixed by the month, they
shall be determined by multiplying the daily wage the
worker was receiving at the time of the injury:
(a) By five, if the worker was normally employed one
day a week;
(b) By nine, if the worker was normally employed two
days a week;
(c) By thirteen, if the worker was normally employed
three days a week;
(d) By eighteen, if the worker was normally employed
four days a week;
(e) By twenty-two, if the worker was normally employed five days a week;
(f) By twenty-six, if the worker was normally employed
six days a week;
(g) By thirty, if the worker was normally employed
seven days a week.
The term "wages" shall include the reasonable value of
board, housing, fuel, or other consideration of like nature
received from the employer as part of the contract of hire,
but shall not include overtime pay except in cases under
subsection (2) of this section. However, tips shall also be
considered wages only to the extent such tips are reported to
the employer for federal income tax purposes. The daily
wage shall be the hourly wage multiplied by the number of
hours the worker is normally employed. The number of
hours the worker is normally employed shall be determined
by the department in a fair and reasonable manner, which
may include averaging the number of hours worked per day.
(2) In cases where (a) the worker’s employment is
exclusively seasonal in nature or (b) the worker’s current
employment or his or her relation to his or her employment
is essentially part-time or intermittent, the monthly wage
shall be determined by dividing by twelve the total wages
earned, including overtime, from all employment in any
twelve successive calendar months preceding the injury
which fairly represent the claimant’s employment pattern.
(3) If, within the twelve months immediately preceding
the injury, the worker has received from the employer at the
time of injury a bonus as part of the contract of hire, the
average monthly value of such bonus shall be included in
determining the worker’s monthly wages.
(4) In cases where a wage has not been fixed or cannot
be reasonably and fairly determined, the monthly wage shall
be computed on the basis of the usual wage paid other
employees engaged in like or similar occupations where the
wages are fixed. [1988 c 161 § 12; 1980 c 14 § 5. Prior:
1977 ex.s. c 350 § 14; 1977 ex.s. c 323 § 6; 1971 ex.s. c
289 § 14.]
employment of an employer under this title, whether by way
of manual labor or otherwise in the course of his or her
employment; also every person in this state who is engaged
in the employment of or who is working under an independent contract, the essence of which is his or her personal
labor for an employer under this title, whether by way of
manual labor or otherwise, in the course of his or her
employment, or as a separate alternative, a person is not a
worker if he or she meets the tests set forth in subsections
(1) through (6) of RCW 51.08.195: PROVIDED, That a
person is not a worker for the purpose of this title, with
respect to his or her activities attendant to operating a truck
which he or she owns, and which is leased to a common or
contract carrier.
(2) For the purposes of this title, any person, firm, or
corporation currently engaging in a business which is
registered under chapter 18.27 RCW or licensed under
chapter 19.28 RCW is not a worker when:
(a) Contracting to perform work for any contractor
registered under chapter 18.27 RCW or licensed under
chapter 19.28 RCW;
(b) The person, firm, or corporation has a principal
place of business which would be eligible for a business
deduction for internal revenue service tax purposes other
than that furnished by the contractor for which the business
has contracted to furnish services;
(c) The person, firm, or corporation maintains a separate
set of books or records that reflect all items of income and
expenses of the business; and
(d) The work which the person, firm, or corporation has
contracted to perform is:
(i) The work of a contractor as defined in RCW
18.27.010; or
(ii) The work of installing wires or equipment to convey
electric current or installing apparatus to be operated by such
current as it pertains to the electrical industry as described in
chapter 19.28 RCW.
(3) Any person, firm, or corporation registered under
chapter 18.27 RCW or licensed under chapter 19.28 RCW
including those performing work for any contractor registered under chapter 18.27 RCW or licensed under chapter
19.28 RCW is a worker when the contractor supervises or
controls the means by which the result is accomplished or
the manner in which the work is performed.
(4) For the purposes of this title, any person participating as a driver or back-up driver in commuter ride sharing,
as defined in RCW 46.74.010(1), is not a worker while
driving a ride-sharing vehicle on behalf of the owner or lessee of the vehicle. [1991 c 246 § 3; 1987 c 175 § 3; 1983
c 97 § 1; 1982 c 80 § 1; 1981 c 128 § 2; 1977 ex.s. c 350
§ 15; 1961 c 23 § 51.08.180. Prior: 1957 c 70 § 20; prior:
(i) 1939 c 41 § 2, part; 1929 c 132 § 1, part; 1927 c 310 §
2, part; 1921 c 182 § 2, part; 1919 c 131 § 2, part; 1917 c
120 § 1, part; 1911 c 74 § 3, part; RRS § 7675, part. (ii)
1937 c 211 § 2; RRS § 7674-1.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
Effective date—Conflict with federal requirements—1991 c 246:
See notes following RCW 51.08.195.
51.08.180 "Worker"—Exceptions. (1) "Worker"
means every person in this state who is engaged in the
[Title 51 RCW—page 8]
51.08.185 "Employee." "Employee" shall have the
same meaning as "worker" when the context would so
indicate, and shall include all officers of the state, state agencies, counties, municipal corporations, or other public
(2002 Ed.)
Definitions
corporations, or political subdivisions. [1977 ex.s. c 350 §
16; 1972 ex.s. c 43 § 4.]
51.08.195 Employer and worker—Alternative
exception. As a separate alternative to the definition of
"employer" under RCW 51.08.070 and the definition of
"worker" under RCW 51.08.180, services performed by an
individual for remuneration shall not constitute employment
subject to this title if it is shown that:
(1) The individual has been and will continue to be free
from control or direction over the performance of the
service, both under the contract of service and in fact; and
(2) The service is either outside the usual course of
business for which the service is performed, or the service
is performed outside all of the places of business of the
enterprise for which the service is performed, or the individual is responsible, both under the contract and in fact, for the
costs of the principal place of business from which the
service is performed; and
(3) The individual is customarily engaged in an independently established trade, occupation, profession, or business,
of the same nature as that involved in the contract of service,
or the individual has a principal place of business for the
business the individual is conducting that is eligible for a
business deduction for federal income tax purposes; and
(4) On the effective date of the contract of service, the
individual is responsible for filing at the next applicable
filing period, both under the contract of service and in fact,
a schedule of expenses with the internal revenue service for
the type of business the individual is conducting; and
(5) On the effective date of the contract of service, or
within a reasonable period after the effective date of the
contract, the individual has established an account with the
department of revenue, and other state agencies as required
by the particular case, for the business the individual is
conducting for the payment of all state taxes normally paid
by employers and businesses and has registered for and
received a unified business identifier number from the state
of Washington; and
(6) On the effective date of the contract of service, the
individual is maintaining a separate set of books or records
that reflect all items of income and expenses of the business
which the individual is conducting. [1991 c 246 § 1.]
Effective date—1991 c 246: "This act shall take effect January 1,
1992." [1991 c 246 § 10.]
Conflict with federal requirements—1991 c 246: "If any part of
this act is found to be in conflict with federal requirements which are a
prescribed condition to the allocation of federal funds to the state or the
eligibility of employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to
the extent of the conflict, and such finding or determination shall not affect
the operation of the remainder of this act. The rules under this act shall
meet federal requirements which are a necessary condition to the receipt of
federal funds by the state or the granting of federal unemployment tax
credits to employers in this state." [1991 c 246 § 9.]
Chapter 51.12
EMPLOYMENTS AND OCCUPATIONS COVERED
Sections
51.12.010
51.12.020
(2002 Ed.)
Employments included—Declaration of policy.
Employments excluded.
51.08.185
51.12.025
Persons working on parents’ family farms—Optional exclusion from coverage.
51.12.035 Volunteers.
51.12.045 Offenders performing community restitution.
51.12.050 Public entity work—Partnerships with volunteer groups and
businesses for community improvement projects.
51.12.060 Federal projects.
51.12.070 Work done by contract—Subcontractors.
51.12.080 Railway employees.
51.12.090 Intrastate and interstate commerce.
51.12.095 Common carrier employees—Owners and operators of
trucks.
51.12.100 Maritime occupations—Segregation of payrolls—Common
enterprise.
51.12.102 Maritime workers—Asbestos-related disease.
51.12.110 Elective adoption—Withdrawal—Cancellation.
51.12.120 Extraterritorial coverage.
51.12.130 Registered apprentices or trainees.
51.12.140 Volunteer law enforcement officers.
51.12.150 Musicians and entertainers.
51.12.160 Foreign degree-granting institutions—Employee services in
country of domicile.
51.12.170 Student volunteers.
Ferry system employees: RCW 47.64.070.
Health and safety of underground workers: Chapter 49.24 RCW.
51.12.010 Employments included—Declaration of
policy. There is a hazard in all employment and it is the
purpose of this title to embrace all employments which are
within the legislative jurisdiction of the state.
This title shall be liberally construed for the purpose of
reducing to a minimum the suffering and economic loss
arising from injuries and/or death occurring in the course of
employment. [1972 ex.s. c 43 § 6; 1971 ex.s. c 289 § 2;
1961 c 23 § 51.12.010. Prior: 1959 c 55 § 1; 1955 c 74 §
2; prior: (i) 1947 c 281 § 1, part; 1943 c 210 § 1, part;
1939 c 41 § 1, part; 1937 c 211 § 1, part; 1927 c 310 § 1,
part; 1921 c 182 § 1, part; 1919 c 131 § 1, part; 1911 c 74
§ 2, part; Rem. Supp. 1947 § 7674, part. (ii) 1923 c 128 §
1, part; RRS § 7674a, part.]
51.12.020 Employments excluded. The following are
the only employments which shall not be included within the
mandatory coverage of this title:
(1) Any person employed as a domestic servant in a
private home by an employer who has less than two employees regularly employed forty or more hours a week in such
employment.
(2) Any person employed to do gardening, maintenance,
or repair, in or about the private home of the employer. For
the purposes of this subsection, "maintenance" means the
work of keeping in proper condition, "repair" means to
restore to sound condition after damage, and "private home"
means a person’s place of residence.
(3) A person whose employment is not in the course of
the trade, business, or profession of his or her employer and
is not in or about the private home of the employer.
(4) Any person performing services in return for aid or
sustenance only, received from any religious or charitable
organization.
(5) Sole proprietors or partners.
(6) Any child under eighteen years of age employed by
his or her parent or parents in agricultural activities on the
family farm.
[Title 51 RCW—page 9]
51.12.020
Title 51 RCW: Industrial Insurance
(7) Jockeys while participating in or preparing horses
for race meets licensed by the Washington horse racing
commission pursuant to chapter 67.16 RCW.
(8)(a) Except as otherwise provided in (b) of this
subsection, any bona fide officer of a corporation voluntarily
elected or voluntarily appointed in accordance with the
articles of incorporation or bylaws of the corporation, who
at all times during the period involved is also a bona fide
director, and who is also a shareholder of the corporation.
Only such officers who exercise substantial control in the
daily management of the corporation and whose primary
responsibilities do not include the performance of manual
labor are included within this subsection.
(b) Alternatively, a corporation that is not a "public
company" as defined in *RCW 23B.01.400(21) may exempt
eight or fewer bona fide officers, who are voluntarily elected
or voluntarily appointed in accordance with the articles of
incorporation or bylaws of the corporation and who exercise
substantial control in the daily management of the corporation, from coverage under this title without regard to the
officers’ performance of manual labor if the exempted
officer is a shareholder of the corporation, or may exempt
any number of officers if all the exempted officers are
related by blood within the third degree or marriage. If a
corporation that is not a "public company" elects to be
covered under subsection (8)(a) of this section, the
corporation’s election must be made on a form prescribed by
the department and under such reasonable rules as the
department may adopt.
(c) Determinations respecting the status of persons
performing services for a corporation shall be made, in part,
by reference to Title 23B RCW and to compliance by the
corporation with its own articles of incorporation and
bylaws. For the purpose of determining coverage under this
title, substance shall control over form, and mandatory
coverage under this title shall extend to all workers of this
state, regardless of honorary titles conferred upon those
actually serving as workers.
(d) A corporation may elect to cover officers who are
exempted by this subsection in the manner provided by
RCW 51.12.110.
(9) Services rendered by a musician or entertainer under
a contract with a purchaser of the services, for a specific
engagement or engagements when such musician or entertainer performs no other duties for the purchaser and is not
regularly and continuously employed by the purchaser. A
purchaser does not include the leader of a group or recognized entity who employs other than on a casual basis musicians or entertainers.
(10) Services performed by a newspaper carrier selling
or distributing newspapers on the street or from house to
house.
(11) Services performed by an insurance agent, insurance broker, or insurance solicitor, as defined in RCW
48.17.010, 48.17.020, and 48.17.030, respectively.
(12) Services performed by a booth renter as defined in
*RCW 18.16.020. However, a person exempted under this
subsection may elect coverage under RCW 51.32.030.
(13) Members of a limited liability company, if either:
(a) Management of the company is vested in its members, and the members for whom exemption is sought would
[Title 51 RCW—page 10]
qualify for exemption under subsection (5) of this section
were the company a sole proprietorship or partnership; or
(b) Management of the company is vested in one or
more managers, and the members for whom the exemption
is sought are managers who would qualify for exemption
under subsection (8) of this section were the company a
corporation. [1999 c 68 § 1; 1997 c 314 § 18. Prior: 1991
c 324 § 18; 1991 c 246 § 4; 1987 c 316 § 2; 1983 c 252 §
1; 1982 c 63 § 15; 1981 c 128 § 3; 1979 c 128 § 1; 1977
ex.s. c 323 § 7; 1973 c 124 § 1; 1972 ex.s. c 43 § 7; 1971
ex.s. c 289 § 3; 1961 c 23 § 51.12.020; prior: 1955 c 74 §
3; prior: 1947 c 281 § 1, part; 1943 c 210 § 1, part; 1939
c 41 § 1, part; 1937 c 211 § 1, part; 1927 c 310 § 1, part;
1921 c 182 § 1, part; 1919 c 131 § 1, part; 1911 c 74 § 2,
part; Rem. Supp. 1947 § 7674, part.]
Reviser’s note: *(1) RCW 23B.01.400 was amended by 2000 c 168
§ 1, changing subsection (21) to subsection (22); and was subsequently
amended by 2002 c 297 § 9, changing subsection (22) to subsection (24).
**(2) RCW 18.16.020 was amended by 2002 c 111 § 2, deleting the
definition of "booth renter."
Severability—1991 c 324: See RCW 18.16.910.
Effective date—Conflict with federal requirements—1991 c 246:
See notes following RCW 51.08.195.
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.12.025 Persons working on parents’ family
farms—Optional exclusion from coverage. (1) The parent
or parents of a person at least eighteen years of age but
under twenty-one years of age may elect to exclude from
mandatory coverage under this title the parent’s employment
of that person in agricultural activities on their family farm
if:
(a) The person resides with his or her parent or parents
or resides on their family farm; and
(b) The parent or parents file a written notice with the
department electing exclusion from coverage.
(2) A parent or parents who have elected to exclude a
person under this subsection may subsequently obtain
coverage for that person under RCW 51.12.110. [1996 c 8
§ 1.]
51.12.035 Volunteers. (1) Volunteers shall be
deemed employees and/or workers, as the case may be, for
all purposes relating to medical aid benefits under chapter
51.36 RCW.
A "volunteer" shall mean a person who performs any
assigned or authorized duties for the state or any agency
thereof, except emergency services workers as described by
chapter 38.52 RCW, brought about by one’s own free
choice, receives no wages, and is registered and accepted as
a volunteer by the state or any agency thereof, prior to the
occurrence of the injury or the contraction of an occupational
disease, for the purpose of engaging in authorized volunteer
service: PROVIDED, That such person shall be deemed to
be a volunteer although he or she may be granted maintenance and reimbursement for actual expenses necessarily incurred in performing his or her assigned or authorized duties.
Any and all premiums or assessments due under this
title on account of such volunteer service shall be the
(2002 Ed.)
Employments and Occupations Covered
obligation of and be paid by the state or any agency thereof
which has registered and accepted the services of volunteers.
(2) Except as provided in RCW 51.12.050, volunteers
may be deemed employees and/or workers, as the case may
be, for all purposes relating to medical aid benefits under
chapter 51.36 RCW at the option of any city, county, town,
special district, municipal corporation, or political subdivision of any type, or any private nonprofit charitable organization, when any such unit of local government or any such
nonprofit organization has given notice of covering all of its
volunteers to the director prior to the occurrence of the
injury or contraction of an occupational disease.
A "volunteer" shall mean a person who performs any
assigned or authorized duties for any such unit of local
government, or any such organization, except emergency
services workers as described by chapter 38.52 RCW, or fire
fighters covered by chapter 41.24 RCW, brought about by
one’s own free choice, receives no wages, and is registered
and accepted as a volunteer by any such unit of local
government, or any such organization which has given such
notice, for the purpose of engaging in authorized volunteer
services: PROVIDED, That such person shall be deemed to
be a volunteer although he or she may be granted maintenance and reimbursement for actual expenses necessarily
incurred in performing his or her assigned or authorized
duties: PROVIDED FURTHER, That juveniles performing
community restitution under chapter 13.40 RCW may not be
granted coverage as volunteers under this section.
Any and all premiums or assessments due under this
title on account of such volunteer service for any such unit
of local government, or any such organization shall be the
obligation of and be paid by such organization which has
registered and accepted the services of volunteers and
exercised its option to secure the medical aid benefits under
chapter 51.36 RCW for such volunteers. [2002 c 175 § 39;
2001 c 138 § 3; 1981 c 266 § 3; 1977 ex.s. c 350 § 17;
1975 1st ex.s. c 79 § 1; 1974 ex.s. c 171 § 44; 1971 c 20 §
1.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Purpose—2001 c 138: See note following RCW
51.12.050.
51.12.045 Offenders performing community restitution. Offenders performing community restitution pursuant
to court order or under RCW 13.40.080 may be deemed
employees and/or workers under this title at the option of the
state, county, city, town, or nonprofit organization under
whose authorization the community restitution is performed.
Any premiums or assessments due under this title for
community restitution work shall be the obligation of and be
paid for by the state agency, county, city, town, or nonprofit
organization for which the offender performed the community restitution. Coverage commences when a state agency,
county, city, town, or nonprofit organization has given notice
to the director that it wishes to cover offenders performing
community restitution before the occurrence of an injury or
contraction of an occupational disease. [2002 c 175 § 40;
1986 c 193 § 1; 1984 c 24 § 4; 1981 c 266 § 1.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Offenders treated as employees or workers by local governments: RCW
35.21.209, 35A.21.220, 36.16.139.
(2002 Ed.)
51.12.035
51.12.050 Public entity work—Partnerships with
volunteer groups and businesses for community improvement projects. (1) Whenever a public entity engages in any
work, or let a contract therefor, in which workers are
employed for wages, this title shall be applicable thereto.
The employer’s payments into the accident fund shall be
made from the treasury of the public entity. If the work is
being done by contract, the payroll of the contractor and the
subcontractor shall be the basis of computation and, in the
case of contract work consuming less than one year in
performance, the required payment into the accident fund
shall be based upon the total payroll. The contractor and
any subcontractor shall be subject to the provisions of this
title, and the state for its general fund, the county, municipal
corporation, or other taxing district shall be entitled to collect
from the contractor the full amount payable to the accident
fund and the contractor, in turn, shall be entitled to collect
from the subcontractor his or her proportionate amount of
the payment.
(2)(a) A public entity may seek partnerships with
volunteer groups and businesses to engage in community
improvement projects to benefit the public entity. In
administering a project, the public entity must:
(i) Provide prospective donors and participants written
notice of the risks and responsibilities to be assumed by the
public entity and the donors or participants. A volunteer
donating labor on the project must, before beginning work,
document in writing that he or she has received the notice
and that he or she is donating labor as a result of his or her
own free choice; and
(ii) Pay premiums and assessments required under this
title to secure medical aid benefits under chapter 51.36 RCW
for volunteers donating labor on the project.
(b) A contractor or employer donating equipment or
materials for use on a community improvement project shall
not, for the purposes of this title, be considered the employer
of an individual donating labor unless the contractor or
employer pays the individual wages for working on the
project or makes working on the project a condition of
employment. This subsection applies regardless of whether:
(i) The contractor or employer informs the individual
about the community improvement project or encourages the
individual to donate labor on the project;
(ii) The individual uses equipment or materials on the
project that are donated by the contractor or the individual’s
employer; or
(iii) The individual is granted maintenance or reimbursement for actual expenses necessarily incurred in performing
labor for the project.
(3) Whenever and so long as, by state law, city charter,
or municipal ordinance, provision is made for employees or
peace officers injured in the course of employment, such
employees shall not be entitled to the benefits of this title
and shall not be included in the payroll of the municipality
under this title: PROVIDED, That whenever any state law,
city charter, or municipal ordinance only provides for
payment to the employee of the difference between his or
her actual wages and that received under this title such
employees shall be entitled to the benefits of this title and
may be included in the payroll of the municipality.
[Title 51 RCW—page 11]
51.12.050
Title 51 RCW: Industrial Insurance
(4) The definitions in this subsection apply throughout
this section, unless the context clearly requires otherwise.
(a) "Community improvement project" means a project
sponsored by a public entity that uses donated labor, materials, or equipment and includes, but is not limited to, projects
to repair, restore, or preserve historic property.
(b) "Historic property" means real property owned by a
public entity including, but not limited to, barns, schools,
military structures, and cemeteries.
(c) "Public entity" means the state, county, any municipal corporation, or other taxing district. [2001 c 138 § 2;
1977 ex.s. c 350 § 18; 1972 ex.s. c 43 § 8; 1961 c 23 §
51.12.050. Prior: 1955 c 74 § 6; prior: (i) 1923 c 136 § 5,
part; 1921 c 182 § 8, part; 1915 c 188 § 6, part; 1911 c 74
§ 17, part; RRS § 7692, part. (ii) 1923 c 128 § 1, part; RRS
§ 7674a, part.]
Finding—Purpose—2001 c 138: "The legislature finds that
government and business partnerships on projects for community improvement can assist communities to preserve historic property and create
opportunities for volunteer service. The legislature also recognizes that
uncertainty about risks and obligations may deter employers who would
otherwise be willing to donate materials and equipment to a community
project. The purpose of this act is to encourage participation by establishing
clear criteria for determining industrial insurance obligations with respect to
donated labor on certain community projects." [2001 c 138 § 1.]
51.12.060 Federal projects. The application of this
title and related safety laws is hereby extended to all lands
and premises owned or held by the United States of America, by deed or act of cession, by purchase or otherwise,
which are within the exterior boundaries of the state of
Washington, and to all projects, buildings, constructions,
improvements, and property belonging to the United States
of America, which are within the exterior boundaries of the
state, in the same way and to the same extent as if said
premises were under the exclusive jurisdiction of the state,
and as fully as is permitted under the provisions of that act
of the congress of the United States approved June 25, 1936,
granting to the several states jurisdiction and authority to
apply their state workers’ compensation laws on all property
and premises belonging to the United States of America,
being 49 United States Statutes at large 1938, title 40,
section 290 United States code, 1958 edition: PROVIDED,
That this title shall not apply to employees of the United
States of America. [1977 ex.s. c 350 § 19; 1961 c 23 §
51.12.060. Prior: 1937 c 147 § 1; RRS § 7676-2.]
51.12.070 Work done by contract—Subcontractors.
The provisions of this title shall apply to all work done by
contract; the person, firm, or corporation who lets a contract
for such work shall be responsible primarily and directly for
all premiums upon the work. The contractor and any subcontractor shall be subject to the provisions of this title and
the person, firm, or corporation letting the contract shall be
entitled to collect from the contractor the full amount
payable in premiums and the contractor in turn shall be
entitled to collect from the subcontractor his proportionate
amount of the payment.
For the purposes of this section, a contractor registered
under chapter 18.27 RCW or licensed under chapter 19.28
RCW shall not be responsible for any premiums upon the
work of any subcontractor if:
[Title 51 RCW—page 12]
(1) The subcontractor is currently engaging in a business
which is registered under chapter 18.27 RCW or licensed
under chapter 19.28 RCW;
(2) The subcontractor has a principal place of business
which would be eligible for a business deduction for internal
revenue service tax purposes other than that furnished by the
contractor for which the business has contracted to furnish
services;
(3) The subcontractor maintains a separate set of books
or records that reflect all items of income and expenses of
the business; and
(4) The subcontractor has contracted to perform:
(a) The work of a contractor as defined in RCW
18.27.010; or
(b) The work of installing wires or equipment to convey
electric current or installing apparatus to be operated by such
current as it pertains to the electrical industry as described in
chapter 19.28 RCW.
It shall be unlawful for any county, city or town to issue
a construction building permit to any person who has not
submitted to the department an estimate of payroll and paid
premium thereon as provided by chapter 51.16 RCW of this
title or proof that such person has qualified as a self-insurer.
[1981 c 128 § 4; 1971 ex.s. c 289 § 81; 1965 ex.s. c 20 § 1;
1961 c 23 § 51.12.070. Prior: 1955 c 74 § 7; prior: 1923
c 136 § 5, part; 1921 c 182 § 8, part; 1915 c 188 § 6, part;
1911 c 74 § 17, part; RRS § 7692, part.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.12.080 Railway employees. Inasmuch as it has
proved impossible in the case of employees of common
carriers by railroad, engaged in maintenance and operation
of railways doing interstate, foreign and intrastate commerce,
and in maintenance and construction of their equipment, to
separate and distinguish the connection of such employees
with interstate or foreign commerce from their connection
with intrastate commerce, and such employees have, in fact,
received no compensation under this title, the provisions of
this title shall not apply to work performed by such employees in the maintenance and operation of such railroads or
performed in the maintenance or construction of their
equipment, or to the employees of such common carriers by
railroad engaged therein, but nothing herein shall be construed as excluding from the operation of this title railroad
construction work, or the employees engaged thereon:
PROVIDED, That common carriers by railroad engaged in
such interstate or foreign commerce and in intrastate commerce shall, in all cases where liability does not exist under
the laws of the United States, be liable in damages to any
person suffering injury while employed by such carrier, or
in case of the death of such employee, to the surviving
spouse and child, or children, and if no surviving spouse or
child or children, then to the parents, minor sisters, or minor
brothers, residents of the United States at the time of such
death, and who were dependent upon such deceased for
support, to the same extent and subject to the same limitations as the liability now existing, or hereafter created, by
the laws of the United States governing recoveries by
railroad employees injured while engaged in interstate commerce: PROVIDED FURTHER, That if any interstate
common carrier by railroad shall also be engaged in one or
(2002 Ed.)
Employments and Occupations Covered
more intrastate enterprises or industries (including street
railways and power plants) other than its railroad, the
foregoing provisions of this section shall not exclude from
the operation of the other sections of this title or bring under
the foregoing proviso of this section any work of such other
enterprise or industry, the payroll of which may be clearly
separable and distinguishable from the payroll of the
maintenance or operation of such railroad, or of the maintenance or construction of its equipment: PROVIDED
FURTHER, That nothing in this section shall be construed
as relieving an independent contractor engaged through or by
his employees in performing work for a common carrier by
railroad, from the duty of complying with the terms of this
title, nor as depriving any employee of such independent
contractor of the benefits of this title. [1973 1st ex.s. c 154
§ 92; 1972 ex.s. c 43 § 9; 1961 c 23 § 51.12.080. Prior:
1925 ex.s. c 84 § 1; 1919 c 67 § 1; 1917 c 29 § 19; 1911 c
74 § 18; RRS § 7693.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
51.12.090 Intrastate and interstate commerce. The
provisions of this title shall apply to employers and workers
(other than railways and their workers) engaged in intrastate
and also in interstate or foreign commerce, for whom a rule
of liability or method of compensation now exists under or
may hereafter be established by the congress of the United
States, only to the extent that the payroll of such workers
may and shall be clearly separable and distinguishable from
the payroll of workers engaged in interstate or foreign
commerce: PROVIDED, That as to workers whose payroll
is not so clearly separable and distinguishable the employer
shall in all cases be liable in damages for injuries to the
same extent and under the same circumstances as is specified
in the case of railroads in the first proviso of RCW
51.12.080: PROVIDED FURTHER, That nothing in this
title shall be construed to exclude goods or materials and/or
workers brought into this state for the purpose of engaging
in work. [1983 c 170 § 1; 1982 c 63 § 16; 1977 ex.s. c 350
§ 20; 1972 ex.s. c 43 § 10; 1961 c 23 § 51.12.090. Prior:
1959 c 308 § 10; 1919 c 67 § 3; RRS § 7695.]
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
51.12.095 Common carrier employees—Owners and
operators of trucks. (1) Common or contract carriers doing
business in this state that are engaged exclusively in interstate or foreign commerce, or any combination thereof, shall
provide coverage under this title for their Washington
employees, unless the employer has furnished workers’
compensation insurance coverage under the laws of another
state for the coverage of employees in this state: PROVIDED, That any common or contract carrier or its successor
that formerly had coverage under this title and by virtue of
being exclusively engaged in interstate or foreign commerce,
or any combination thereof, withdrew its acceptance of
liability under this title by filing written notice with the
director of the withdrawal of its acceptance prior to January
2, 1987, shall be governed by the provisions of this section
that were in effect as of that date.
(2002 Ed.)
51.12.080
(2) A person who is domiciled in this state and who
owns and operates a truck engaged in intrastate, interstate, or
foreign commerce, or any combination thereof, may elect
coverage under this title in the manner provided by RCW
51.32.030, whether or not the truck is leased to a common
or contract carrier. [1989 c 368 § 1; 1983 c 170 § 2.]
Effective date—1989 c 368: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 368 § 2.]
51.12.100 Maritime occupations—Segregation of
payrolls—Common enterprise. (1) The provisions of this
title shall not apply to a master or member of a crew of any
vessel, or to employers and workers for whom a right or
obligation exists under the maritime laws or federal
employees’ compensation act for personal injuries or death
of such workers.
(2) If an accurate segregation of payrolls of workers for
whom such a right or obligation exists under the maritime
laws cannot be made by the employer, the director is hereby
authorized and directed to fix from time to time a basis for
the approximate segregation of the payrolls of employees to
cover the part of their work for which no right or obligation
exists under the maritime laws for injuries or death occurring
in such work, and the employer, if not a self-insurer, shall
pay premiums on that basis for the time such workers are
engaged in their work.
(3) Where two or more employers are simultaneously
engaged in a common enterprise at one and the same site or
place in maritime occupations under circumstances in which
no right or obligation exists under the maritime laws for
personal injuries or death of such workers, such site or place
shall be deemed for the purposes of this title to be the
common plant of such employers.
(4) In the event payments are made under this title prior
to the final determination under the maritime laws or federal
employees’ compensation act, such benefits shall be repaid
by the worker or beneficiary if recovery is subsequently
made under the maritime laws or federal employees’
compensation act. [1991 c 88 § 3; 1988 c 271 § 2; 1977
ex.s. c 350 § 21; 1975 1st ex.s. c 224 § 3; 1972 ex.s. c 43
§ 11; 1961 c 23 § 51.12.100. Prior: 1931 c 79 § 1; 1925
ex.s. c 111 § 1; RRS § 7693a.]
Effective date—Applicability—1988 c 271 §§ 1-4: See note
following RCW 51.12.102.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
Ferry system employees in extrahazardous employment: RCW 47.64.070.
51.12.102 Maritime workers—Asbestos-related
disease. (1) The department shall furnish the benefits
provided under this title to any worker or beneficiary who
may have a right or claim for benefits under the maritime
laws of the United States resulting from an asbestos-related
disease if (a) there are objective clinical findings to substantiate that the worker has an asbestos-related claim for
occupational disease and (b) the worker’s employment
history has a prima facie indicia of injurious exposure to
asbestos fibers while employed in the state of Washington in
employment covered under this title. The department shall
render a decision as to the liable insurer and shall continue
[Title 51 RCW—page 13]
51.12.102
Title 51 RCW: Industrial Insurance
to pay benefits until the liable insurer initiates payments or
benefits are otherwise properly terminated under this title.
(2) The benefits authorized under subsection (1) of this
section shall be paid from the medical aid fund, with the
self-insurers and the state fund each paying a pro rata share,
based on number of worker hours, of the costs necessary to
fund the payments. For the purposes of this subsection only,
the employees of self-insured employers shall pay an amount
equal to one-half of the share charged to the self-insured
employer.
(3) If the department determines that the benefits paid
under subsection (1) of this section are owed to the worker
or beneficiary by a self-insurer or the state fund, then the
self-insurer or state fund shall reimburse the medical aid
fund for all benefits paid and costs incurred by the fund.
(4) If the department determines that the benefits paid
under subsection (1) of this section are owed to the worker
or beneficiary by a federal program other than the federal
social security, old age survivors, and disability insurance
act, 42 U.S.C. or an insurer under the maritime laws of the
United States:
(a) The department shall pursue the federal program
insurer on behalf of the worker or beneficiary to recover
from the federal program insurer the benefits due the worker
or beneficiary and on its own behalf to recover the benefits
previously paid to the worker or beneficiary and costs
incurred;
(b) For the purpose of pursuing recovery under this
subsection, the department shall be subrogated to all of the
rights of the worker or beneficiary receiving compensation
under subsection (1) of this section; and
(c) The department shall not pursue the worker or
beneficiary for the recovery of benefits paid under subsection
(1) of this section unless the worker or beneficiary receives
recovery from the federal program insurer, in addition to
receiving benefits authorized under this section. The director
may exercise his or her discretion to waive, in whole or in
part, the recovery of any such benefits where the recovery
would be against equity and good conscience.
(d) Actions pursued against federal program insurers
determined by the department to be liable for benefits under
this section may be prosecuted by special assistant attorneys
general. The attorney general shall select special assistant
attorneys general from a list compiled by the department and
the Washington state bar association. The attorney general,
in conjunction with the department and the Washington state
bar association, shall adopt rules and regulations outlining
the criteria and the procedure by which private attorneys
may have their names placed on the list of attorneys available for appointment as special assistant attorneys general to
litigate actions under this subsection. Attorneys’ fees and
costs shall be paid in conformity with applicable federal and
state law. Any legal costs remaining as an obligation of the
department shall be paid from the medical aid fund.
(5) The provisions of subsection (1) of this section shall
not apply if the worker or beneficiary refuses, for whatever
reason, to assist the department in making a proper determination of coverage. If a worker or beneficiary refuses to
cooperate with the department, self-insurer, or federal
program insurer by failing to provide information that, in the
opinion of the department, is relevant in determining the
liable insurer, or if a worker refuses to submit to medical
[Title 51 RCW—page 14]
examination, or obstructs or fails to cooperate with the
examination, or if the worker or beneficiary fails to cooperate with the department in pursuing benefits from the federal
program insurer, the department shall reject the application
for benefits. No information obtained under this section is
subject to release by subpoena or other legal process.
(6) The amount of any third party recovery by the
worker or beneficiary shall be subject to a lien by the
department to the full extent that the medical aid fund has
not been otherwise reimbursed by another insurer. Reimbursement shall be made immediately to the medical aid
fund upon recovery from the third party suit. If the department determines that the benefits paid under subsection
(1) of this section are owed to the worker or beneficiary by
a federal program insurer, the department shall not participate in the costs or attorneys’ fees incurred in bringing the
third party suit. [1993 c 168 § 1; 1988 c 271 § 1.]
Applicability—1993 c 168: "This act applies to all claims without
regard to the date of injury or date of filing of the claim." [1993 c 168 §
2.]
Effective date—1993 c 168: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 168 § 3.]
Report to legislature—1988 c 271 § 1: "The department of labor
and industries shall conduct a study of the program established by RCW
51.12.102. The department’s study shall include the use of benefits under
the program and the cost of the program. The department shall report the
results of the study to the economic development and labor committee of
the senate and the commerce and labor committee of the house of
representatives, or the appropriate successor committees, at the start of the
1993 regular legislative session." [1988 c 271 § 4.]
Effective date—Applicability—1988 c 271 §§ 1-4: "Sections 1
through 4 of this act shall take effect July 1, 1988, and shall apply to all
claims filed on or after that date or pending a final determination on that
date." [1988 c 271 § 5.]
51.12.110 Elective adoption—Withdrawal—
Cancellation. Any employer who has in his or her employment any person or persons excluded from mandatory
coverage pursuant to RCW 51.12.020 may file notice in
writing with the director, on such forms as the department
may provide, of his or her election to make such persons
otherwise excluded subject to this title. The employer shall
forthwith display in a conspicuous manner about his or her
works, and in a sufficient number of places to reasonably
inform his or her workers of the fact, printed notices
furnished by the department stating that he or she has so
elected. Said election shall become effective upon the filing
of said notice in writing. The employer and his or her
workers shall be subject to all the provisions of this title and
entitled to all of the benefits thereof: PROVIDED, That
those who have heretofore complied with the foregoing
conditions and are carried and considered by the department
as within the purview of this title shall be deemed and
considered as having fully complied with its terms and shall
be continued by the department as entitled to all of the
benefits and subject to all of the liabilities without other or
further action. Any employer who has complied with this
section may withdraw his or her acceptance of liability under
this title by filing written notice with the director of the
withdrawal of his or her acceptance. Such withdrawal shall
become effective thirty days after the filing of such notice or
on the date of the termination of the security for payment of
(2002 Ed.)
Employments and Occupations Covered
compensation, whichever last occurs. The employer shall,
at least thirty days before the effective date of the withdrawal, post reasonable notice of such withdrawal where the
affected worker or workers work and shall otherwise notify
personally the affected workers. Withdrawal of acceptance
of this title shall not affect the liability of the department or
self-insurer for compensation for any injury occurring during
the period of acceptance.
The department shall have the power to cancel the
elective adoption coverage if any required payments or
reports have not been made. Cancellation by the department
shall be no later than thirty days from the date of notice in
writing by the department advising of cancellation being
made. [1991 c 246 § 5; 1982 c 63 § 17; 1980 c 14 § 6.
Prior: 1977 ex.s. c 350 § 22; 1977 ex.s. c 323 § 8; 1971
ex.s. c 289 § 85; 1961 c 23 § 51.12.110; prior: 1959 c 308
§ 11; 1929 c 132 § 5; 1923 c 136 § 6; 1911 c 74 § 19; RRS
§ 7696.]
Effective date—Conflict with federal requirements—1991 c 246:
See notes following RCW 51.08.195.
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.12.120 Extraterritorial coverage. (1) If a worker,
while working outside the territorial limits of this state,
suffers an injury on account of which he or she, or his or her
beneficiaries, would have been entitled to compensation
under this title had the injury occurred within this state, the
worker, or his or her beneficiaries, shall be entitled to compensation under this title if at the time of the injury:
(a) His or her employment is principally localized in
this state; or
(b) He or she is working under a contract of hire made
in this state for employment not principally localized in any
state; or
(c) He or she is working under a contract of hire made
in this state for employment principally localized in another
state whose workers’ compensation law is not applicable to
his or her employer; or
(d) He or she is working under a contract of hire made
in this state for employment outside the United States and
Canada.
(2) The payment or award of compensation or other
recoveries, including settlement proceeds, under the workers’
compensation law of another state, territory, province, or
foreign nation to a worker or his or her beneficiaries otherwise entitled on account of such injury to compensation
under this title shall not be a bar to a claim for compensation
under this title if that claim under this title is timely filed.
If compensation is paid or awarded under this title, the total
amount of compensation or other recoveries, including settlement proceeds, paid or awarded the worker or beneficiary
under such other workers’ compensation law shall be
credited against the compensation due the worker or beneficiary under this title.
(3)(a) An employer not domiciled in this state who is
employing workers in this state in work for which the
employer must be registered under chapter 18.27 RCW or
(2002 Ed.)
51.12.110
licensed under chapter 19.28 RCW, or prequalified under
RCW 47.28.070, must secure the payment of compensation
under this title by:
(i) Insuring the employer’s workers’ compensation
obligation under this title with the department;
(ii) Being qualified as a self-insurer under this title; or
(iii) For employers domiciled in a state or province of
Canada subject to an agreement entered into under subsection (7) of this section, as permitted by the agreement, filing
with the department a certificate of coverage issued by the
agency that administers the workers’ compensation law in
the employer’s state or province of domicile certifying that
the employer has secured the payment of compensation
under the other state’s or province’s workers’ compensation
law.
(b) The department shall adopt rules to implement this
subsection.
(4) If a worker or beneficiary is entitled to compensation under this title by reason of an injury sustained in this
state while in the employ of an employer who is domiciled
in another state or province of Canada and the employer:
(a) Is not subject to subsection (3) of this section and
has neither opened an account with the department nor
qualified as a self-insurer under this title, the employer or his
or her insurance carrier shall file with the director a certificate issued by the agency that administers the workers’
compensation law in the state of the employer’s domicile,
certifying that the employer has secured the payment of
compensation under the workers’ compensation law of the
other state and that with respect to the injury the worker or
beneficiary is entitled to the benefits provided under the
other state’s law.
(b) Has filed a certificate under subsection (3)(a)(iii) of
this section or (a) of this subsection (4):
(i) The filing of the certificate constitutes appointment
by the employer or his or her insurance carrier of the
director as its agent for acceptance of the service of process
in any proceeding brought by any claimant to enforce rights
under this title;
(ii) The director shall send to such employer or his or
her insurance carrier, by registered or certified mail to the
address shown on such certificate, a true copy of any notice
of claim or other process served on the director by the
claimant in any proceeding brought to enforce rights under
this title;
(iii) If the employer is a self-insurer under the workers’
compensation law of the other state or province of Canada,
the employer shall, upon submission of evidence or security,
satisfactory to the director, of his or her ability to meet his
or her liability to the claimant under this title, be deemed to
be a qualified self-insurer under this title; and
(iv) If the employer’s liability under the workers’
compensation law of the other state or province of Canada
is insured:
(A) The employer’s carrier, as to such claimant only,
shall be deemed to be subject to this title. However, unless
the insurer’s contract with the employer requires the insurer
to pay an amount equivalent to the compensation benefits
provided by this title, the insurer’s liability for compensation
shall not exceed the insurer’s liability under the workers’
compensation law of the other state or province; and
[Title 51 RCW—page 15]
51.12.120
Title 51 RCW: Industrial Insurance
(B) If the total amount for which the employer’s insurer
is liable under (b)(iv)(A) of this subsection is less than the
total of the compensation to which the claimant is entitled
under this title, the director may require the employer to file
security satisfactory to the director to secure the payment of
compensation under this title.
(c) If subject to subsection (3) of this section, has not
complied with subsection (3) of this section or, if not subject
to subsection (3) of this section, has neither qualified as a
self-insurer nor secured insurance coverage under the
workers’ compensation law of another state or province of
Canada, the claimant shall be paid compensation by the
department and the employer shall have the same rights and
obligations, and is subject to the same penalties, as other
employers subject to this title.
(5) As used in this section:
(a) A person’s employment is principally localized in
this or another state when: (i) His or her employer has a
place of business in this or the other state and he or she
regularly works at or from the place of business; or (ii) if
(a)(i) of this subsection is not applicable, he or she is
domiciled in and spends a substantial part of his or her
working time in the service of his or her employer in this or
the other state;
(b) "Workers’ compensation law" includes "occupational
disease law" for the purposes of this section.
(6) A worker whose duties require him or her to travel
regularly in the service of his or her employer in this and
one or more other states may agree in writing with his or her
employer that his or her employment is principally localized
in this or another state, and, unless the other state refuses
jurisdiction, the agreement shall govern as to any injury
occurring after the effective date of the agreement.
(7) The director is authorized to enter into agreements
with the appropriate agencies of other states and provinces
of Canada that administer their workers’ compensation law
with respect to conflicts of jurisdiction and the assumption
of jurisdiction in cases where the contract of employment
arises in one state or province and the injury occurs in
another. If the other state’s or province’s law requires
Washington employers to secure the payment of compensation under the other state’s or province’s workers’ compensation laws for work performed in that state or province, then
employers domiciled in that state or province must purchase
compensation covering their workers engaged in that work
in this state under this state’s industrial insurance law.
When an agreement under this subsection has been executed
and adopted as a rule of the department under chapter 34.05
RCW, it binds all employers and workers subject to this title
and the jurisdiction of this title is governed by this rule.
[1999 c 394 § 1; 1998 c 279 § 2; 1995 c 199 § 1; 1977 ex.s.
c 350 § 23; 1972 ex.s. c 43 § 12; 1971 ex.s. c 289 § 82.]
Finding—Intent—1998 c 279: "The legislature finds that a
competitive disadvantage exists in the construction industry because of a
disparity in workers’ compensation coverage requirements among the states.
The intent of this act is (1) to provide an equal footing for all contractors
bidding on or engaging in construction work in this state, (2) to ensure that
all workers injured while in the course of employment in this state receive
the benefits to which they are entitled, and (3) to not create disincentives for
employers to hire workers in this state." [1998 c 279 § 1.]
Severability—1995 c 199: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
[Title 51 RCW—page 16]
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 199 § 8.]
51.12.130 Registered apprentices or trainees. (1)
All persons registered as apprentices or trainees with the
state apprenticeship council and participating in supplemental
and related instruction classes conducted by a school district,
a community college, a vocational school, or a local joint
apprenticeship committee, shall be considered as workers of
the state apprenticeship council and subject to the provisions
of Title 51 RCW, for the time spent in actual attendance at
such supplemental and related instruction classes.
(2) The assumed wage rate for all apprentices or
trainees during the hours they are participating in supplemental and related instruction classes, shall be three dollars per
hour. This amount shall be used for purposes of computations of premiums. For purposes of computing disability
compensation payments, the actual wage rate during employment shall be used.
(3) Only those apprentices or trainees who are registered
with the state apprenticeship council prior to their injury or
death and who incur such injury or death while participating
in supplemental and related instruction classes shall be
entitled to benefits under the provisions of Title 51 RCW.
(4) The filing of claims for benefits under the authority
of this section shall be the exclusive remedy of apprentices
or trainees and their beneficiaries for injuries or death
compensable under the provisions of Title 51 RCW against
the state, its political subdivisions, the school district,
community college, or vocational school and their members,
officers or employees or any employer regardless of negligence.
(5) This section shall not apply to any apprentice or
trainee who has earned wages for the time spent in participating in supplemental and related instruction classes. [1988
c 140 § 1; 1987 c 185 § 31; 1973 c 110 § 1.]
Intent—1987 c 185: "In 1977, in two separate pieces of legislation
relating to industrial insurance, the Washington legislature changed certain
references from "workmen’s" or "workman’s" compensation to "workers’"
compensation. The purpose of this act is to correct remaining obsolete
references to "workmen’s compensation" and "workmen."" [1987 c 185 §
1.]
Severability—1987 c 185: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 185 § 41.]
51.12.140 Volunteer law enforcement officers. (1)
As used in this section:
(a) "Municipal corporation" means any city, town, or
county authorized by law to maintain and operate a law
enforcement department;
(b) "Law enforcement department" means any regularly
organized police department, sheriff’s department, department of public safety, or other similar organization which
has as its primary purpose the enforcement of state or local
penal laws and the preservation of public order, which consists wholly of volunteer law enforcement officers or a
combination of volunteer and paid law enforcement officers,
and which is duly organized and maintained by a municipal
corporation;
(c) "Volunteer law enforcement officer" means a person
who is a member of a law enforcement department and who
(2002 Ed.)
Employments and Occupations Covered
(i) performs assigned or authorized duties for the law
enforcement department by his or her own free choice; (ii)
serves in a position that is not basically clerical or secretarial
in nature; (iii) is registered and accepted as a volunteer by
the law enforcement department; and (iv) receives no
monetary remuneration other than maintenance and reimbursement for actual expenses necessarily incurred in
performing assigned duties; and
(d) "Performance of duty" includes any work in and
about the volunteer law enforcement officers’ quarters,
police station, or any other place under the direction or
general orders of the officer having the authority to order a
volunteer law enforcement officer to perform the work;
providing law enforcement assistance; patrol; drill; and any
work of an emergency nature performed in accordance with
the rules of the law enforcement department.
(2) Any municipal corporation maintaining and operating a law enforcement department may elect to provide
coverage under this title for all of its volunteer law enforcement officers for death or disability occurring in the
performance of their duties as volunteer law enforcement
officers. Any municipal corporation electing to provide the
coverage shall file a written notice of coverage with the
director.
(3) Coverage under this section shall be for all the
applicable death, disability, and medical aid benefits of this
title and shall be effective only for injuries which occur and
occupational diseases which are contracted after the notice
of coverage has been filed with the director.
Nothing in this subsection shall be construed to prohibit
a municipal corporation from covering its volunteer law
enforcement officers and other volunteers under RCW
51.12.035(2), as now or hereafter amended, for medical aid
benefits only.
(4) Volunteer law enforcement officers for whom
municipal corporations have given notice of coverage under
this section shall be deemed workers or employees, as the
case may be, and the performance of their duties shall be
deemed employment or in the course of employment, as the
case may be, for all purposes of this title except where
expressly excluded or where the context clearly requires
otherwise.
(5) All premiums, assessments, contributions, and
penalties due under this title because coverage is provided
under this section shall be the obligation of and be paid by
the municipal corporation giving the notice of coverage to
the director.
(6) Any municipal corporation electing coverage under
this section shall maintain a time log in which the number of
hours worked by each of its volunteer law enforcement
officers is recorded. The log shall be made available for
inspection upon the request of any authorized employee of
the department.
(7) Any municipal corporation electing coverage under
this section may withdraw the coverage by filing a written
notice of the withdrawal with the director. The withdrawal
shall become effective thirty days after filing the notice or
on the date of the termination of the security for payment of
compensation, whichever occurs later. At least thirty days
before the effective date of the withdrawal, the municipal
corporation shall notify each of its volunteer law enforcement officers of the withdrawal. Withdrawal of coverage
(2002 Ed.)
51.12.140
under this section shall not affect the liability of the department or self-insurer for compensation for any injury occurring during the period in which coverage was provided.
[1977 ex.s. c 113 § 1.]
Severability—1977 ex.s. c 113: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 113 § 2.]
51.12.150 Musicians and entertainers. Any musician
or entertainer who performs as a member of a group or
recognized entity is deemed an employee of the group or
entity and the leader of the group or entity shall be required
to properly register as an employer with the department and
pay industrial insurance premiums on behalf of his or her
employees. If a musician or entertainer is a sole performer
or performs as a partner in a group or entity, or performs on
a casual basis, the musician or entertainer shall be exempted
from mandatory coverage of this title. However, any such
sole performer, partner, or casual performer may elect to be
covered under this title and shall be subject to all the
provisions and entitled to all the benefits under this title.
[1983 c 252 § 2.]
Employments excluded—Musicians and entertainers: RCW 51.12.020.
51.12.160 Foreign degree-granting institutions—
Employee services in country of domicile. The services of
employees of a foreign degree-granting institution who are
nonimmigrant aliens under the immigration laws of the
United States, shall, for the purposes of RCW 51.12.120, be
considered to be localized or principally localized, in the
country of domicile of the foreign degree-granting institution
as defined in RCW 28B.90.010 in those instances where the
income of those employees would be exempt from taxation
by virtue of the terms and provisions of any treaty between
the United States and the country of domicile of the foreign
degree-granting institution. However, a foreign degreegranting institution is not precluded from otherwise establishing that a nonimmigrant employee’s services are, for the
purpose of such statutes, principally located in its country of
domicile. [1993 c 181 § 9.]
51.12.170 Student volunteers. (1) An employer
covered under this title may elect to include student volunteers as employees or workers for all purposes relating to
medical aid benefits under chapter 51.36 RCW. The employer shall give notice of its intent to cover all of its
student volunteers to the director prior to the occurrence of
the injury or contraction of an occupational disease.
(2) A student volunteer is an enrolled student in a public
school as defined in RCW 28A.150.010 who is participating
as a volunteer under a program authorized by the public
school. The student volunteer shall perform duties for the
employer without wages. The student volunteer shall be
deemed to be a volunteer even if the student is granted
maintenance and reimbursement for actual expenses necessarily incurred in performing his or her assigned or
authorized duties. A person who earns wages for the
services performed is not a student volunteer.
(3) Any and all premiums or assessments due under this
title on account of service by a student volunteer shall be
[Title 51 RCW—page 17]
51.12.170
Title 51 RCW: Industrial Insurance
paid by the employer who has registered and accepted the
services of volunteers and has exercised its option to secure
the medical aid benefits under chapter 51.36 RCW for the
student volunteers. [1994 c 246 § 1.]
Effective date—Implementation—1994 c 246 § 1: "Section 1 of this
act shall take effect October 1, 1994. The department of labor and
industries may take such steps as are necessary to ensure that this section
is implemented on its effective date." [1994 c 246 § 3.]
Chapter 51.14
SELF-INSURERS
Sections
51.14.010
51.14.020
51.14.030
51.14.040
51.14.050
51.14.060
51.14.070
51.14.073
51.14.077
51.14.080
51.14.090
51.14.095
51.14.100
51.14.110
51.14.120
51.14.130
51.14.140
51.14.150
51.14.160
Duty to secure payment of compensation—Options.
Qualification.
Certification of employer as self-insurer.
Surety liability—Termination.
Termination of status—Notice—Financial requirements.
Default by self-insurer—Authority of director—Liability for
reimbursement.
Payments upon default.
Default lien.
Self-insurers’ insolvency trust—Assessments—Rules.
Withdrawal of certification—Grounds.
Withdrawal of certification, corrective action upon
employees’ petition.
Corrective action—Appeal.
Notice of compliance to be posted—Penalty.
Employer’s duty to maintain records, furnish information.
Copy of claim file—Notice of protest or appeal—Medical
report.
Request for claim resolution—Time.
Violations of disclosure or request for resolution—Order by
director.
School districts, ESDs, public hospital districts, or hospitals
as self-insurers—Authorized—Organization—
Qualifications.
School districts, ESDs, or hospitals as self-insurers—
Rules—Scope.
51.14.010 Duty to secure payment of compensation—Options. Every employer under this title shall secure
the payment of compensation under this title by:
(1) Insuring and keeping insured the payment of such
benefits with the state fund; or
(2) Qualifying as a self-insurer under this title. [1971
ex.s. c 289 § 26.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.14.020 Qualification. (1) An employer may
qualify as a self-insurer by establishing to the director’s
satisfaction that he or she has sufficient financial ability to
make certain the prompt payment of all compensation under
this title and all assessments which may become due from
such employer. Each application for certification as a selfinsurer submitted by an employer shall be accompanied by
payment of a fee of one hundred fifty dollars or such larger
sum as the director shall find necessary for the administrative costs of evaluation of the applicant’s qualifications.
Any employer who has formerly been certified as a selfinsurer and thereafter ceases to be so certified may not apply
for certification within three years of ceasing to have been
so certified.
(2)(a) A self-insurer may be required by the director to
supplement existing financial ability by depositing in an
[Title 51 RCW—page 18]
escrow account in a depository designated by the director,
money and/or corporate or governmental securities approved
by the director, or a surety bond written by any company
admitted to transact surety business in this state, or provide
an irrevocable letter of credit issued by a federally or state
chartered commercial banking institution authorized to
conduct business in the state of Washington filed with the
department. The money, securities, bond, or letter of credit
shall be in an amount reasonably sufficient in the director’s
discretion to insure payment of reasonably foreseeable
compensation and assessments but not less than the
employer’s normal expected annual claim liabilities and in
no event less than one hundred thousand dollars. In arriving
at the amount of money, securities, bond, or letter of credit
required under this subsection, the director shall take into
consideration the financial ability of the employer to pay
compensation and assessments and his or her probable
continuity of operation. However, a letter of credit shall be
acceptable only if the self-insurer has a net worth of not less
than five hundred million dollars as evidenced in an annual
financial statement prepared by a qualified, independent
auditor using generally accepted accounting principles. The
money, securities, bond, or letter of credit so deposited shall
be held by the director solely for the payment of compensation by the self-insurer and his or her assessments. In the
event of default the self-insurer loses all right and title to,
any interest in, and any right to control the surety. The
amount of surety may be increased or decreased from time
to time by the director. The income from any securities
deposited may be distributed currently to the self-insurer.
(b) The letter of credit option authorized in (a) of this
subsection shall not apply to self-insurers authorized under
RCW 51.14.150 or to self-insurers who are counties, cities,
or municipal corporations.
(3) Securities or money deposited by an employer
pursuant to subsection (2) of this section shall be returned to
him or her upon his or her written request provided the
employer files the bond required by such subsection.
(4) If the employer seeking to qualify as a self-insurer
has previously insured with the state fund, the director shall
require the employer to make up his or her proper share of
any deficit or insufficiency in the state fund as a condition
to certification as a self-insurer.
(5) A self-insurer may reinsure a portion of his or her
liability under this title with any reinsurer authorized to
transact such reinsurance in this state: PROVIDED, That the
reinsurer may not participate in the administration of the
responsibilities of the self-insurer under this title. Such
reinsurance may not exceed eighty percent of the liabilities
under this title.
(6) For purposes of the application of this section, the
department may adopt separate rules establishing the security
requirements applicable to units of local government. In
setting such requirements, the department shall take into
consideration the ability of the governmental unit to meet its
self-insured obligations, such as but not limited to source of
funds, permanency, and right of default.
(7) The director shall adopt rules to carry out the
purposes of this section including, but not limited to, rules
respecting the terms and conditions of letters of credit and
the establishment of the appropriate level of net worth of the
self-insurer to qualify for use of the letter of credit. Only
(2002 Ed.)
Self-insurers
letters of credit issued in strict compliance with the rules
shall be deemed acceptable. [1995 c 31 § 1; 1990 c 209 §
1; 1986 c 57 § 1; 1977 ex.s. c 323 § 9; 1972 ex.s. c 43 § 16;
1971 ex.s. c 289 § 27.]
Effective date—1990 c 209 § 1: "Section 1 of this act shall take
effect January 1, 1991." [1990 c 209 § 3.]
Intent—1986 c 57: See note following RCW 51.14.077.
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.14.030 Certification of employer as self-insurer.
The director may issue a certification that an employer is
qualified as a self-insurer when such employer meets the
following requirements:
(1) He or she has fulfilled the requirements of RCW
51.14.020.
(2) He or she has submitted to the department a payroll
report for the preceding consecutive twelve month period.
(3) He or she has submitted to the department a sworn
itemized statement accompanied by an independent audit of
the employer’s books demonstrating to the director’s
satisfaction that the employer has sufficient liquid assets to
meet his or her estimated liabilities as a self-insurer.
(4) He or she has demonstrated to the department the
existence of the safety organization maintained by him or her
within his or her establishment that indicates a record of
accident prevention.
(5) He or she has submitted to the department a description of the administrative organization to be maintained by
him or her to manage industrial insurance matters including:
(a) The reporting of injuries;
(b) The authorization of medical care;
(c) The payment of compensation;
(d) The handling of claims for compensation;
(e) The name and location of each business location of
the employer; and
(f) The qualifications of the personnel of the employer
to perform this service.
Such certification shall remain in effect until withdrawn
by the director or surrendered by the employer with the
approval of the director. An employer’s qualification as a
self-insurer shall become effective on the date of certification
or any date specified in the certificate after the date of certification. [1977 ex.s. c 323 § 10; 1971 ex.s. c 289 § 28.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.14.040 Surety liability—Termination. (1) The
surety on a bond filed by a self-insurer pursuant to this title
may terminate its liability thereon by giving the director
written notice stating when, not less than thirty days thereafter, such termination shall be effective.
(2) In case of such termination, the surety shall remain
liable, in accordance with the terms of the bond, with respect
to future compensation for injuries to employees of the selfinsurer occurring prior to the termination of the surety’s
liability.
(3) If the bond is terminated for any reason other than
the employer’s terminating his status as a self-insurer, the
employer shall, prior to the date of termination of the
surety’s liability, otherwise comply with the requirements of
this title.
(2002 Ed.)
51.14.020
(4) The liability of a surety on any bond filed pursuant
to this section shall be released and extinguished and the
bond returned to the employer or surety provided either such
liability is secured by another bond filed, or money or
securities deposited as required by this title. [1971 ex.s. c
289 § 29.]
51.14.050 Termination of status—Notice—Financial
requirements. (1) Any employer may at any time terminate
his status as a self-insurer by giving the director written
notice stating when, not less than thirty days thereafter, such
termination shall be effective, provided such termination
shall not be effective until the employer either shall have
ceased to be an employer or shall have filed with the
director for state industrial insurance coverage under this
title.
(2) An employer who ceases to be a self-insurer, and
who so files with the director, must maintain money,
securities or surety bonds deemed sufficient in the director’s
discretion to cover the entire liability of such employer for
injuries or occupational diseases to his employees which
occurred during the period of self-insurance: PROVIDED,
That the director may agree for the medical aid and accident
funds to assume the obligation of such claims, in whole or
in part, and shall adjust the employer’s premium rate to
provide for the payment of such obligations on behalf of the
employer. [1971 ex.s. c 289 § 30.]
51.14.060 Default by self-insurer—Authority of
director—Liability for reimbursement. (1) The director
may, in cases of default upon any obligation under this title
by the self-insurer, after ten days notice by certified mail to
the defaulting self-insurer of the intention to do so, bring suit
upon such bond or collect the interest and principal of any
of the securities as they may become due or sell the securities or any of them as may be required or apply the money
deposited, all in order to pay compensation and discharge the
obligations of the defaulting self-insurer under this title.
(2) The director shall be authorized to fulfill the defaulting self-insured employer’s obligations under this title from
the defaulting self-insured employer’s deposit or from other
funds provided under this title for the satisfaction of claims
against the defaulting self-insured employer. The defaulting
self-insured employer is liable to and shall reimburse the
director for the amounts necessary to fulfill the obligations
of the defaulting self-insured employer that are in excess of
the amounts received by the director from any bond filed, or
securities or money deposited, by the defaulting self-insured
employer pursuant to chapter 51.14 RCW. The amounts to
be reimbursed shall include all amounts paid or payable as
compensation under this title together with administrative
costs, including attorneys’ fees, and shall be considered taxes
due the state of Washington. [1986 c 57 § 2; 1971 ex.s. c
289 § 31.]
Intent—1986 c 57: See note following RCW 51.14.077.
51.14.070 Payments upon default. Whenever
compensation due under this title is not paid because of an
uncorrected default of a self-insurer, such compensation shall
be paid from the medical aid and accidents funds, and any
moneys obtained by the director from the bonds or other
[Title 51 RCW—page 19]
51.14.070
Title 51 RCW: Industrial Insurance
security provided under RCW 51.14.020 shall be deposited
to the appropriate fund for the payment of compensation and
administrative costs, including attorneys’ fees. [1986 c 57
§ 3; 1971 ex.s. c 289 § 36.]
Intent—1986 c 57: See note following RCW 51.14.077.
51.14.073 Default lien. (1) In all cases of probate,
insolvency, assignment for the benefit of creditors, or
bankruptcy, the claim of the state for the amounts necessary
to fulfill the obligations of a defaulting self-insured employer
together with administrative costs and attorneys’ fees is a
lien prior to all other liens or claims and on a parity with
prior tax liens and the mere existence of a default by a selfinsured employer is sufficient to create the lien without any
prior or subsequent action by the state. All administrators,
receivers, and assignees for the benefit of creditors shall
notify the director of such administration, receivership, or
assignment within thirty days of their appointment or
qualification.
(2) Separate and apart and in addition to the lien
established by this section, the department may issue an
assessment, as provided for in RCW 51.48.120, for the
amount necessary to fulfill the defaulting self-insured
employer’s obligations, including all amounts paid and
payable as compensation under this title and administrative
costs, including attorneys’ fees. [1986 c 57 § 4.]
Intent—1986 c 57: See note following RCW 51.14.077.
51.14.077 Self-insurers’ insolvency trust—
Assessments—Rules. (1) A self-insurers’ insolvency trust
is established to provide for the unsecured benefits paid to
the injured workers of self-insured employers under this title
for insolvent or defaulting self-insured employers and for the
department’s associated administrative costs, including
attorneys’ fees. The self-insurers’ insolvency trust shall be
funded by an insolvency assessment which shall be levied on
a post-insolvency basis and after the defaulting self-insured
employer’s security deposit, assets, and reinsurance, if any,
have been exhausted. Insolvency assessments shall be imposed on all self-insured employers, except school districts,
cities, and counties. The manner of imposing and collecting
assessments to the insolvency fund shall be set forth in rules
adopted by the department to ensure that self-insured
employers pay into the fund in proportion to their claim
costs. The department’s rules shall provide that self-insured
employers who have surrendered their certification shall be
assessed for a period of not more than three calendar years
following the termination date of their certification.
(2) The director shall adopt rules to carry out the
purposes of this section, including but not limited to:
(a) Governing the formation of the self-insurers’
insolvency trust for the purpose of this chapter;
(b) Governing the organization and operation of the selfinsurers’ insolvency trust to assure compliance with the
requirements of this chapter;
(c) Requiring adequate accountability of the collection
and disbursement of funds in the self-insurers’ insolvency
trust; and
(d) Any other provisions necessary to carry out the
requirements of this chapter. [1986 c 57 § 6.]
[Title 51 RCW—page 20]
Intent—1986 c 57: "It is the intent of the legislature to provide for
the continuation of workers’ compensation benefits in the event of the
failure of a self-insured employer to meet its compensation obligations when
the employer’s security deposit, assets, and reinsurance are inadequate. The
legislature finds and declares that the establishment of a self-insurers’
insolvency trust is necessary to assure that benefit payments to injured
workers of self-insured employers will not become the responsibility of the
state fund." [1986 c 57 § 5.]
51.14.080 Withdrawal of certification—Grounds.
Certification of a self-insurer shall be withdrawn by the
director upon one or more of the following grounds:
(1) The employer no longer meets the requirements of
a self-insurer; or
(2) The self-insurer’s deposit is insufficient; or
(3) The self-insurer intentionally or repeatedly induces
employees to fail to report injuries, induces claimants to treat
injuries in the course of employment as off-the-job injuries,
persuades claimants to accept less than the compensation
due, or unreasonably makes it necessary for claimants to
resort to proceedings against the employer to obtain compensation; or
(4) The self-insurer habitually fails to comply with rules
and regulations of the director regarding reports or other
requirements necessary to carry out the purposes of this title;
or
(5) The self-insurer habitually engages in a practice of
arbitrarily or unreasonably refusing employment to applicants
for employment or discharging employees because of
nondisabling bodily conditions; or
(6) The self-insurer fails to pay an insolvency assessment under the procedures established pursuant to RCW
51.14.077. [1986 c 57 § 7; 1971 ex.s. c 289 § 32.]
Intent—1986 c 57: See note following RCW 51.14.077.
51.14.090 Withdrawal of certification, corrective
action upon employees’ petition. (1) Upon the petition of
any employee or union or association having a substantial
number of employees in the employ of the self-insurer the
director or the director’s designee may, in the director or
designee’s sole discretion, hold a hearing to determine
whether or not there are grounds for the withdrawal of certification of a self-insurer or for corrective action by the
department.
(2) The director shall serve upon the self-insurer and
upon any employee or union or association having a substantial number of employees in the employ of said self-insurer,
personally or by certified mail, a notice of intention to
withdraw, or not to withdraw, certification of the selfinsurer, which notice shall describe the nature and location
or locations of the plants or operations involved; and the
specific nature of the reasons for the decision. Similar
notice shall be provided for decisions regarding corrective
actions. The corrective action notice shall also include a
directive to the self-insurer specifying the program deficiencies to be eliminated.
(3) If the decision is to withdraw certification, it shall
include: The period of time within which the ground or
grounds therefor existed or arose; and the date, not less than
ninety days after the self-insurer’s receipt of the notice,
when the certification will be withdrawn.
(4) An appeal of any action taken by the director under
this section may be taken by the self-insurer, or by any
(2002 Ed.)
Self-insurers
employee or union or association having a substantial
number of employees in the employ of the self-insurer. Proceedings on the appeal shall be as prescribed in this title.
Appeal by a self-insurer of notice of intention to withdraw
certification or to take corrective action shall not act as a
stay of the withdrawal or corrective action, unless the board
or court, for good cause shown, orders otherwise.
(5) The director may adopt rules to carry out the
purposes of this section. [1996 c 58 § 1; 1983 c 21 § 1;
1971 ex.s. c 289 § 33.]
51.14.095 Corrective action—Appeal. (1) The
director shall take corrective action against a self-insured
employer if the director determines that:
(a) The employer is not following proper industrial
insurance claims procedures;
(b) The employer’s accident prevention program is
inadequate; or
(c) Any condition described in RCW 51.14.080 (1)
through (5) exists.
(2) Corrective actions may be taken upon the director’s
initiative or in response to a petition filed under RCW
51.14.090. Corrective actions which may be taken by the
director shall include:
(a) Probationary certification for a period of time
determined by the director;
(b) Mandatory training for employers in areas including
claims management, safety procedures, and administrative
reporting requirements; and
(c) Monitoring of the activities of the employer to
determine progress towards compliance.
The director shall adopt rules defining the corrective actions
which may be taken in response to a given condition.
Corrective actions shall be limited to those described in
(a), (b), and (c) of this subsection.
(3) Upon the termination of the corrective action, the
director shall review the employer’s program for compliance
with state statutes and regulations. A written report regarding the employer’s compliance shall be provided to the
employer and to any party to a petition filed under RCW
51.14.090. If the director determines that compliance has
been attained, no further action shall be taken. If compliance has not been attained, the director may take additional
corrective action as defined in this section, or proceed
toward decertification as described in RCW 51.14.080.
(4) An employer may appeal any action taken by the
director under this section. Proceedings during the appeal
shall be as prescribed in this title. An appeal by a selfinsurer shall not act as a stay of the corrective action, unless
the board or court, for good cause shown, orders otherwise.
(5) This section shall not be construed to limit the
responsibilities or authority of the department under RCW
51.14.080 or 51.14.090. [1983 c 21 § 2.]
51.14.100 Notice of compliance to be posted—
Penalty. (1) Every employer subject to the provisions of
this title shall post and keep posted in a conspicuous place
or places in and about his place or places of business a reasonable number of typewritten or printed notices of compliance substantially identical to a form prescribed by the
director, stating that such employer is subject to the provi(2002 Ed.)
51.14.090
sions of this title. Such notice shall advise whether the
employer is self-insured or has insured with the department,
and shall designate a person or persons on the premises to
whom report of injury shall be made.
(2) Any employer who has failed to open an account
with the department or qualify as a self-insurer shall not post
or permit to be posted on or about his place of business or
premises any notice of compliance with this title and any
wilful violation of this subsection by any officer or supervisory employee of an employer shall be a misdemeanor.
[1971 ex.s. c 289 § 34.]
51.14.110 Employer’s duty to maintain records,
furnish information. Every self-insurer shall maintain a
record of all payments of compensation made under this
title. The self-insurer shall furnish to the director all information he has in his possession as to any disputed claim,
upon forms approved by the director. [1971 ex.s. c 289 §
35.]
51.14.120 Copy of claim file—Notice of protest or
appeal—Medical report. (1) The self-insurer shall provide,
when authorized under RCW 51.28.070, a copy of the
employee’s claim file at no cost within fifteen days of
receipt of a request by the employee or the employee’s
representative, and shall provide the physician performing an
examination with all relevant medical records from the
worker’s claim file, but only to the extent required of the
department under RCW 51.36.070. If the self-insured
employer determines that release of the claim file to an
unrepresented worker in whole or in part, may not be in the
worker’s best interests, the employer must submit a request
for denial with an explanation along with a copy of that
portion of the claim file not previously provided within
twenty days after the request from the worker. In the case
of second or subsequent requests, a reasonable charge for
copying may be made. The self-insurer shall provide the
entire contents of the claim file unless the request is for only
a particular portion of the file. Any new material added to
the claim file after the initial request shall be provided under
the same terms and conditions as the initial request.
(2) The self-insurer shall transmit notice to the department of any protest or appeal by an employee relating to the
administration of an industrial injury or occupational disease
claim under this chapter within five working days of receipt.
The date that the protest or appeal is received by the selfinsurer shall be deemed to be the date the protest is received
by the department for the purpose of RCW 51.52.050.
(3) The self-insurer shall submit a medical report with
the request for closure of a claim under this chapter. [2001
c 152 § 1; 1993 c 122 § 2.]
51.14.130 Request for claim resolution—Time. The
self-insurer shall request allowance or denial of a claim
within sixty days from the date that the claim is filed. If the
self-insurer fails to act within sixty days, the department
shall promptly intervene and adjudicate the claim. [1993 c
122 § 3.]
51.14.140 Violations of disclosure or request for
resolution—Order by director. Failure of a self-insurer to
[Title 51 RCW—page 21]
51.14.140
Title 51 RCW: Industrial Insurance
comply with RCW 51.14.120 and 51.14.130 shall subject the
self-insurer to a penalty under RCW 51.48.080, which shall
accrue for the benefit of the employee. The director shall
issue an order conforming with RCW 51.52.050 determining
whether a violation has occurred within thirty days of a
request by an employee. [1993 c 122 § 4.]
51.14.150 School districts, ESDs, public hospital
districts, or hospitals as self-insurers—Authorized—
Organization—Qualifications. (1) For the purposes of this
section, "hospital" means a hospital as defined in *RCW
70.41.020(2) or a psychiatric hospital regulated under chapter
71.12 RCW, but does not include beds utilized by a comprehensive cancer center for cancer research.
(2)(a) Any two or more employers which are school
districts or educational service districts, or (b) any two or
more employers which are public hospital districts or
hospitals, and are owned or operated by a state agency or
municipal corporation of this state, or (c) any two or more
employers which are hospitals, no one of which is owned or
operated by a state agency or municipal corporation of this
state, may enter into agreements to form self-insurance
groups for the purposes of this chapter.
(3) No more than one group may be formed under
subsection (2)(b) of this section and no more than one group
may be formed under subsection (2)(c) of this section.
(4) The self-insurance groups shall be organized and
operated under rules promulgated by the director under RCW
51.14.160. Such a self-insurance group shall be deemed an
employer for the purposes of this chapter, and may qualify
as a self-insurer if it meets all the other requirements of this
chapter. [1997 c 35 § 1; 1993 c 158 § 1; 1983 c 174 § 2;
1982 c 191 § 7.]
*Reviser’s note: RCW 70.41.020 was amended by 2002 c 116 § 2,
changing subsection (2) to subsection (4).
Severability—1982 c 191: See note following RCW 28A.335.210.
Educational service district as self-insurer—Authority: RCW 28A.310.440.
School district as self-insurer—Authority: RCW 28A.320.070.
51.14.160 School districts, ESDs, or hospitals as
self-insurers—Rules—Scope. The director shall promulgate
rules to carry out the purposes of RCW 51.14.150:
(1) Governing the formation of self-insurance groups for
the purposes of this chapter;
(2) Governing the organization and operation of the
groups to assure their compliance with the requirements of
this chapter;
(3) Requiring adequate monetary reserves, determined
under accepted actuarial practices, to be maintained by each
group to assure financial solvency of the group; and
(4) Requiring each group to carry adequate reinsurance.
[1983 c 174 § 3; 1982 c 191 § 8.]
Severability—1982 c 191: See note following RCW 28A.335.210.
Chapter 51.16
ASSESSMENT AND COLLECTION OF
PREMIUMS—PAYROLLS AND RECORDS
Sections
51.16.035
51.16.040
51.16.042
51.16.060
51.16.070
51.16.090
51.16.100
51.16.105
51.16.110
51.16.120
51.16.130
51.16.140
51.16.150
51.16.155
51.16.160
51.16.170
51.16.180
51.16.190
51.16.200
51.16.210
Classifications—Premiums—Rules.
Occupational diseases.
Occupational and environmental research facility.
Quarterly report of payrolls.
Employer’s records—Unified business identifier—
Confidentiality.
Continuity of cost experience.
Classification changes.
Departmental expenses, financing.
New businesses or resumed or continued operations.
Distribution of further accident cost.
Distribution of catastrophe cost.
Premium liability of worker.
Delinquent employers—Penalty after demand—Injunctive
relief.
Failure or refusal of employer to report or pay premiums
due—Collection.
Lien for payments due—Priority—Probate, insolvency, etc.
Lien for premiums, assessments, contributions, and penalties—Priority—In general—Notice.
Property acquired by state on execution.
Limitation on collection actions.
Payment of tax by employer quitting business—Liability of
successor.
Horse racing employment—Premiums.
51.16.035 Classifications—Premiums—Rules. (1)
The department shall classify all occupations or industries in
accordance with their degree of hazard and fix therefor basic
rates of premium which shall be the lowest necessary to
maintain actuarial solvency of the accident and medical aid
funds in accordance with recognized insurance principles.
The department shall formulate and adopt rules and regulations governing the method of premium calculation and
collection and providing for a rating system consistent with
recognized principles of workers’ compensation insurance
which shall be designed to stimulate and encourage accident
prevention and to facilitate collection. The department may
annually, or at such other times as it deems necessary to
maintain solvency of the funds, readjust rates in accordance
with the rating system to become effective on such dates as
the department may designate.
(2) In providing a retrospective rating plan under RCW
51.18.010, the department may consider each individual
retrospective rating group as a single employing entity for
purposes of dividends or premium discounts. [1999 c 7 § 8;
1989 c 49 § 1; 1980 c 129 § 4; 1977 ex.s. c 350 § 24; 1971
ex.s. c 289 § 16.]
Severability—1999 c 7: See RCW 51.18.900.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.16.040 Occupational diseases. The compensation
and benefits provided for occupational diseases shall be paid
and in the same manner as compensation and benefits for
injuries under this title. [1971 ex.s. c 289 § 83; 1961 c 23
§ 51.16.040. Prior: 1959 c 308 § 12; 1941 c 235 § 2; Rem.
Supp. 1941 7679-1.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
[Title 51 RCW—page 22]
(2002 Ed.)
Assessment and Collection of Premiums—Payrolls and Records
51.16.042 Occupational and environmental research
facility. Inasmuch as business, industry and labor desire to
provide for testing, research, training and teaching facilities
and consulting services at the University of Washington for
industrial and occupational health for workers in the environmental research facility thereat, all employers shall bear their
proportionate share of the cost therefor. The director may
require payments to the department from all employers under
this title and may make rules and regulations in connection
therewith, which costs shall be paid from the department, in
lieu of the previous provisions of RCW 28B.20.458. [1977
ex.s. c 350 § 25; 1971 ex.s. c 289 § 84; 1963 c 151 § 2.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
Occupational and environmental research facility at University of Washington: RCW 28B.20.450 through 28B.20.458.
51.16.060 Quarterly report of payrolls. Every
employer not qualifying as a self-insurer, shall insure with
the state and shall, on or before the last day of January,
April, July and October of each year thereafter, furnish the
department with a true and accurate payroll for the period in
which workers were employed by it during the preceding
calendar quarter, the total amount paid to such workers
during such preceding calendar quarter, and a segregation of
employment in the different classes established pursuant to
this title, and shall pay its premium thereon to the appropriate fund. Premiums for a calendar quarter, whether reported
or not, shall become due and delinquent on the day immediately following the last day of the month following the
calendar quarter. The sufficiency of such statement shall be
subject to the approval of the director: PROVIDED, That
the director may in his or her discretion and for the effective
administration of this title require an employer in individual
instances to furnish a supplementary report containing the
name of each individual worker, his or her hours worked, his
or her rate of pay and the class or classes in which such
work was performed: PROVIDED FURTHER, That in the
event an employer shall furnish the department with four
consecutive quarterly reports wherein each such quarterly
report indicates that no premium is due the department may
close the account: PROVIDED FURTHER, That the
department may promulgate rules and regulations in accordance with chapter 34.05 RCW to establish other reporting
periods and payment due dates in lieu of reports and
payments following each calendar quarter, and may also
establish terms and conditions for payment of premiums and
assessments based on estimated payrolls, with such payments
being subject to approval as to sufficiency of the estimated
payroll by the department, and also subject to appropriate
periodic adjustments made by the department based on actual
payroll: AND PROVIDED FURTHER, That a temporary
help company which provides workers on a temporary basis
to its customers shall be considered the employer for purposes of reporting and paying premiums and assessments under
this title according to the appropriate rate classifications as
determined by the department: PROVIDED, That the
employer shall be liable for paying premiums and assessments, should the temporary help company fail to pay the
premiums and assessments under this title. [1985 c 315 § 1;
1981 c 260 § 13. Prior: 1977 ex.s. c 350 § 26; 1977 ex.s.
c 323 § 11; 1973 1st ex.s. c 32 § 1; 1971 ex.s. c 289 § 76;
(2002 Ed.)
51.16.042
1965 ex.s. c 80 § 1; 1961 c 23 § 51.16.060; prior: 1959 c
308 § 14; 1957 c 70 § 47; prior: 1947 c 247 § 1, part; Rem.
Supp. 1947 § 7676c, part.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.16.070 Employer’s records—Unified business
identifier—Confidentiality. (1)(a) Every employer shall
keep at his place of business a record of his employment
from which the information needed by the department may
be obtained and such record shall at all times be open to the
inspection of the director, supervisor of industrial insurance,
or the traveling auditors, agents, or assistants of the department, as provided in RCW 51.48.040.
(b) An employer who contracts with another person or
entity for work subject to chapter 18.27 or 19.28 RCW shall
obtain and preserve a record of the unified business identifier
account number for the person or entity performing the
work. Failure to obtain or maintain the record is subject to
RCW 39.06.010 and to a penalty under RCW 51.48.030.
(2) Information obtained from employing unit records
under the provisions of this title shall be deemed confidential
and shall not be open to public inspection (other than to
public employees in the performance of their official duties),
but any interested party shall be supplied with information
from such records to the extent necessary for the proper
presentation of the case in question: PROVIDED, That any
employing unit may authorize inspection of its records by
written consent. [1997 c 54 § 3; 1961 c 23 § 51.16.070.
Prior: 1957 c 70 § 48; prior: 1947 c 247 § 1, part; Rem.
Supp. 1947 § 7676c, part.]
51.16.090 Continuity of cost experience. To the end
that no employer shall evade the burdens imposed by an
unfavorable or high cost experience, the director may
determine whether or not an increase, decrease, or change
(1) of operating property; (2) of interest in operating property; (3) of employer; (4) of personnel or interest in employer
is sufficient to show a bona fide change which would make
inoperative any high cost experience: PROVIDED, That
where an employer is now or has prior to January 1, 1958,
been covered under the provisions of this title for a period
of at least two years and subsequent thereto the legal structure of the employer changes by way of incorporation,
disincorporation, merger, consolidation, transfer of stock
ownership, or by any other means, such person or entity as
legally reconstituted shall be entitled to a continuation of the
experience rating which existed prior to such change in the
employer’s legal structure unless there has been such a
substantial change as provided in subdivisions (1), (2), (3) or
(4) of this section as would warrant making inoperative any
high cost experience. [1961 c 23 § 51.16.090. Prior: 1959
c 179 § 1; 1957 c 70 § 49; prior: 1947 c 247 § 1, part;
Rem. Supp. 1947 § 7676c, part.]
51.16.100 Classification changes. It is the intent that
the accident fund shall ultimately become neither more nor
less than self-supporting, except as provided in RCW
51.16.105 and, if in the adjustment of premium rates by the
[Title 51 RCW—page 23]
51.16.100
Title 51 RCW: Industrial Insurance
director the moneys paid into the fund by any class or
classes shall be insufficient to properly and safely distribute
the burden of accidents occurring therein, the department
may divide, rearrange, or consolidate such class or classes,
making such adjustment or transfer of funds as it may deem
proper. The director shall make corrections of classifications
or subclassifications or changes in rates, classes and subclasses when the best interest of such classes or subclasses
will be served thereby. [1961 c 23 § 51.16.100. Prior:
1953 c 218 § 1; prior: (i) 1947 c 247 § 1, part; Rem. Supp.
1947 § 7676d, part. (ii) 1947 c 247 § 1, part; Rem. Supp.
1947 § 7676e, part.]
51.16.105 Departmental expenses, financing. All
department expenses relating to industrial safety and health
services of the department pertaining to workers’ compensation shall be paid by the department and financed by
premiums and by assessments collected from a self-insurer
as provided in this title. [1994 c 164 § 26; 1977 ex.s. c 350
§ 27; 1973 1st ex.s. c 52 § 8; 1971 ex.s. c 289 § 86; 1961
c 23 § 51.16.105. Prior: 1953 c 218 § 2.]
Effective date—1973 1st ex.s. c 52: See note following RCW
43.22.010.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.16.110 New businesses or resumed or continued
operations. Every employer who shall enter into any
business, or who shall resume operations in any work or
plant after the final adjustment of his or her payroll in
connection therewith, or who was formerly a self-insurer and
wishes to continue his or her operations subject to this title,
shall, before so commencing or resuming or continuing
operations, as the case may be, notify the department of such
fact. [1991 c 88 § 4; 1977 ex.s. c 323 § 12; 1971 ex.s. c
289 § 4; 1961 c 23 § 51.16.110. Prior: 1959 c 179 § 2;
1959 c 308 § 15; prior: 1957 c 70 § 50; 1951 c 236 § 4;
1947 c 247 § 1, part; Rem. Supp. 1947 § 7676c, part.]
Severability—Effective date—1977 ex.s. c 323: See notes following
51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.16.120 Distribution of further accident cost. (1)
Whenever a worker has a previous bodily disability from any
previous injury or disease, whether known or unknown to the
employer, and shall suffer a further disability from injury or
occupational disease in employment covered by this title and
become totally and permanently disabled from the combined
effects thereof or die when death was substantially accelerated by the combined effects thereof, then the experience
record of an employer insured with the state fund at the time
of said further injury or disease shall be charged and a selfinsured employer shall pay directly into the reserve fund
only the accident cost which would have resulted solely from
said further injury or disease, had there been no preexisting
disability, and which accident cost shall be based upon an
evaluation of the disability by medical experts. The difference between the charge thus assessed to such employer at
the time of said further injury or disease and the total cost of
the pension reserve shall be assessed against the second
injury fund. The department shall pass upon the application
[Title 51 RCW—page 24]
of this section in all cases where benefits are paid for total
permanent disability or death and issue an order thereon
appealable by the employer. Pending outcome of such
appeal the transfer or payment shall be made as required by
such order.
(2) The department shall, in cases of claims of workers
sustaining injuries or occupational diseases in the employ of
state fund employers, recompute the experience record of
such employers when the claims of workers injured in their
employ have been found to qualify for payments from the
second injury fund after the regular time for computation of
such experience records and the department may make
appropriate adjustments in such cases including cash refunds
or credits to such employers.
(3) To encourage employment of injured workers who
are not reemployed by the employer at the time of injury,
the department may adopt rules providing for the reduction
or elimination of premiums or assessments from subsequent
employers of such workers and may also adopt rules for the
reduction or elimination of charges against such employers
in the event of further injury to such workers in their
employ. [1984 c 63 § 1; 1980 c 14 § 7. Prior: 1977 ex.s.
c 350 § 28; 1977 ex.s. c 323 § 13; 1972 ex.s. c 43 § 13;
1961 c 23 § 51.16.120; prior: 1959 c 308 § 16; 1945 c 219
§ 1; 1943 c 16 § 1; Rem. Supp. 1945 § 7676-1a.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.16.130 Distribution of catastrophe cost. Whenever there shall occur an accident in which three or more
employees of an employer insured with the state fund are
fatally injured or sustain permanent total disability, the
amount of total cost other than medical aid costs arising out
of such accident that shall be charged to the account of the
employer, shall be twice the average cost of the pension
claims arising out of such accident. The entire cost of such
accident, exclusive of medical aid costs, shall be charged
against and defrayed by the catastrophe injury account.
[1972 ex.s. c 43 § 14; 1961 c 23 § 51.16.130. Prior: 1957
c 70 § 22; prior: 1947 c 247 § 1, part; 1911 c 74 § 4, part;
Rem. Supp. 1947 § 7676f, part.]
51.16.140 Premium liability of worker. (1) Every
employer who is not a self-insurer shall deduct from the pay
of each of his or her workers one-half of the amount he or
she is required to pay, for medical benefits within each risk
classification. Such amount shall be periodically determined
by the director and reported by him or her to all employers
under this title: PROVIDED, That the state governmental
unit shall pay the entire amount into the medical aid fund for
volunteers, as defined in RCW 51.12.035, and the state
apprenticeship council shall pay the entire amount into the
medical aid fund for registered apprentices or trainees, for
the purposes of RCW 51.12.130. The deduction under this
section is not authorized for premiums assessed under RCW
51.16.210.
(2) It shall be unlawful for the employer, unless
specifically authorized by this title, to deduct or obtain any
part of the premium or other costs required to be by him or
her paid from the wages or earnings of any of his or her
workers, and the making of or attempt to make any such
(2002 Ed.)
Assessment and Collection of Premiums—Payrolls and Records
deduction shall be a gross misdemeanor. [1989 c 385 § 3;
1977 ex.s. c 350 § 29; 1973 c 110 § 2; 1971 ex.s. c 289 §
77; 1971 c 20 § 2; 1961 c 23 § 51.16.140. Prior: (i) 1923
c 136 § 8, part; 1919 c 129 § 1, part; 1917 c 29 § 4, part;
RRS § 7713, part. (ii) 1947 c 247 § 1, part; Rem. Supp.
1947 § 7676e, part.]
Effective date—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
51.16.150 Delinquent employers—Penalty after
demand—Injunctive relief. If any employer shall default
in any payment to any fund, the sum due may be collected
by action at law in the name of the state as plaintiff, and
such right of action shall be in addition to any other right of
action or remedy. If such default occurs after demand, the
director may require from the defaulting employer a bond to
the state for the benefit of any fund, with surety to the
director’s satisfaction, in the penalty of double the amount
of the estimated payments which will be required from such
employer into the said funds for and during the ensuing one
year, together with any penalty or penalties incurred. In case
of refusal or failure after written demand personally served
to furnish such bond, the state shall be entitled to an injunction restraining the delinquent from prosecuting an occupation or work until such bond is furnished, and until all delinquent premiums, penalties, interest and costs are paid,
conditioned for the prompt and punctual making of all
payments into said funds during such periods, and any sale,
transfer, or lease attempted to be made by such delinquent
during the period of any of the defaults herein mentioned, of
his works, plant, or lease thereto, shall be invalid until all
past delinquencies are made good, and such bond furnished.
[1986 c 9 § 4; 1985 c 315 § 2; 1972 ex.s. c 43 § 15; 1961
c 23 § 51.16.150. Prior: 1959 c 308 § 22; prior: 1929 c
132 § 4, part; 1923 c 136 § 3, part; 1917 c 120 § 5, part;
1917 c 28 § 2, part; 1915 c 188 § 3, part; 1911 c 74 § 8,
part; RRS § 7682, part.]
51.16.155 Failure or refusal of employer to report
or pay premiums due—Collection. In every case where an
employer insured with the state fails or refuses to file any
report of payroll required by the department and fails or
refuses to pay the premiums due on such unreported payroll,
the department shall have authority to estimate such payroll
and the premiums due thereon and collect premiums on the
basis of such estimate.
If the report required and the premiums due thereon are
not made within ten days from the mailing of such demand
by the department, which shall include the amount of
premiums estimated by the department, the employer shall
be in default as provided by this title and the department
may have and recover judgment, warrant, or file liens for
such estimated premium or the actual premium, whichever
is greater.
The director or the director’s designee may compromise
the amount of premiums estimated by the department,
whether reduced to judgment or otherwise, arising under this
title if collection of the premiums estimated by the department would be against equity and good conscience. [1996
c 60 § 1; 1985 c 315 § 3; 1971 ex.s. c 289 § 87.]
(2002 Ed.)
51.16.140
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.16.160 Lien for payments due—Priority—
Probate, insolvency, etc. In all cases of probate, insolvency, assignment for the benefit of creditors, or bankruptcy, the
claim of the state for the payments due shall be a lien prior
to all other liens or claims and on a parity with prior tax
liens and the mere existence of such cases or conditions shall
be sufficient to create such lien without any prior or subsequent action by the state, and all administrators, receivers, or
assignees for the benefit of creditors shall notify the department of such administration, receivership, or assignment
within thirty days from date of their appointment and
qualification. In any action or proceeding brought for the
recovery of payments due upon the payroll of an employer,
the certificate of the department that an audit has been made
of the payroll of such employer pursuant to the direction of
the department and the amount of such payroll for the period
stated in the certificate shall be prima facie evidence of such
fact. [1985 c 315 § 4; 1971 ex.s. c 289 § 78; 1961 c 23 §
51.16.160. Prior: 1959 c 308 § 23; prior: 1929 c 132 § 4,
part; 1923 c 136 § 3, part; 1917 c 120 § 5, part; 1917 c 28
§ 2, part; 1915 c 188 § 3, part; 1911 c 74 § 8, part; RRS §
7682, part.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.16.170 Lien for premiums, assessments, contributions, and penalties—Priority—In general—Notice.
Separate and apart from and in addition to the foregoing
provisions in this chapter, the claims of the state for payments and penalties due under this title shall be a lien prior
to all other liens or claims and on a parity with prior tax
liens not only against the interest of any employer, in real
estate, plant, works, equipment, and buildings improved,
operated, or constructed by any employer, and also upon any
products or articles manufactured by such employer.
The lien created by this section shall attach from the
date of the commencement of the labor upon such property
for which such premiums are due. In order to avail itself of
the lien hereby created, the department shall, within four
months after the employer has made report of his payroll and
has defaulted in the payment of his premiums thereupon, file
with the county auditor of the county within which such
property is then situated, a statement in writing describing in
general terms the property upon which a lien is claimed and
stating the amount of the lien claimed by the department. If
any employer fails or refuses to make report of his payroll,
the lien hereby created shall continue in full force and effect,
although the amount thereof is undetermined and the four
months’ time within which the department shall file its claim
of lien shall not begin to run until the actual receipt by the
department of such payroll report. From and after the filing
of such claim of lien, the department shall be entitled to
commence suit to cause such lien to be foreclosed in the
manner provided by law for the foreclosure of other liens on
real or personal property, and in such suit the certificate of
the department stating the date of the actual receipt by the
department of such payroll report shall be prima facie
evidence of such fact. [1986 c 9 § 5; 1961 c 23 §
51.16.170. Prior: 1959 c 308 § 24; prior: 1951 c 214 § 1;
[Title 51 RCW—page 25]
51.16.170
Title 51 RCW: Industrial Insurance
1929 c 132 § 4, part; 1923 c 136 § 3, part; 1917 c 120 § 5,
part; 1917 c 28 § 2, part; 1915 c 188 § 3, part; 1911 c 74 §
8, part; RRS § 7682, part.]
51.16.180 Property acquired by state on execution.
The director shall have the custody of all property acquired
by the state at execution sale upon judgments obtained for
delinquent payments and penalties therefor and costs, and
may sell and dispose of the same at private sales for the sale
purchase price, and shall pay the proceeds into the state
treasury to the credit of the appropriate fund. In case of the
sale of real estate the director shall execute the deed in the
name of the state. [1971 ex.s. c 289 § 79; 1961 c 23 §
51.16.180. Prior: 1921 c 7 § 78, subdivision (4); RRS §
10836(4).]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.16.190 Limitation on collection actions. (1)
"Action" means, but is not limited to, a notice of assessment
pursuant to RCW 51.48.120, an action at law pursuant to
RCW 51.16.150, or any other administrative or civil process
authorized by this title for the determination of liability for
premiums, assessments, penalties, contributions, or other
sums, or the collection of premiums, assessments, penalties,
contributions, or other sums.
(2) Any action to collect any delinquent premium,
assessment, contribution, penalty, or other sum due to the
department from any employer subject to this title shall be
brought within three years of the date any such sum became
due.
(3) In case of a false or fraudulent report with intent to
evade premiums, assessments, contributions, penalties,
interest, or other sums, or in the event of a failure to file a
report, action may be begun at any time.
(4) Any claim for refund or adjustment by an employer
of any premium, assessment, contribution, penalty, or other
sum collected by the department shall be made in writing to
the department within three years of the date the sum
became due. [1987 c 111 § 7; 1985 c 315 § 5; 1977 ex.s.
c 323 § 27.]
Conflict with federal requirements—Severability—Effective date—
1987 c 111: See notes following RCW 50.12.220.
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.16.200 Payment of tax by employer quitting
business—Liability of successor. Whenever any employer
quits business, or sells out, exchanges, or otherwise disposes
of the employer’s business or stock of goods, any tax
payable hereunder shall become immediately due and
payable, and the employer shall, within ten days thereafter,
make a return and pay the tax due; and any person who
becomes a successor to such business shall become liable for
the full amount of the tax and withhold from the purchase
price a sum sufficient to pay any tax due from the employer
until such time as the employer shall produce a receipt from
the department showing payment in full of any tax due or a
certificate that no tax is due and, if such tax is not paid by
the employer within ten days from the date of such sale,
exchange, or disposal, the successor shall become liable for
[Title 51 RCW—page 26]
the payment of the full amount of tax, and the payment
thereof by such successor shall, to the extent thereof, be
deemed a payment upon the purchase price, and if such
payment is greater in amount than the purchase price the
amount of the difference shall become a debt due such
successor from the employer.
No successor may be liable for any tax due from the
person from whom the successor has acquired a business or
stock of goods if the successor gives written notice to the
department of such acquisition and no assessment is issued
by the department within one hundred eighty days of receipt
of such notice against the former operator of the business
and a copy thereof mailed to such successor. [1995 c 160
§ 1; 1986 c 9 § 6.]
51.16.210 Horse racing employment—Premiums.
(1) The department shall assess premiums, under the
provisions of this section, for certain horse racing employments licensed in accordance with chapter 67.16 RCW. This
premium assessment shall be for the purpose of providing
industrial insurance coverage for employees of trainers
licensed under chapter 67.16 RCW, including but not limited
to exercise riders, pony riders, and grooms, and including all
on or off track employment. For the purposes of RCW
51.16.210, 67.16.300, 51.16.140, 51.32.073, and 67.16.020
a hotwalker shall be considered a groom. The department
may adopt rules under chapter 34.05 RCW to carry out the
purposes of this section, including rules providing for
alternative reporting periods and payment due dates for
coverage under this section. The department rules shall
ensure that no licensee licensed prior to May 13, 1989, shall
pay more than the assessment fixed at the basic manual rate.
(2) The department shall compute industrial insurance
premium rates on a per license basis, which premiums shall
be assessed at the time of each issuance or renewal of the
license for owners, trainers, and grooms in amounts established by department rule for coverage under this section.
Premium assessments shall be determined in accordance with
the requirements of this title, except that assessments shall
not be experience rated and shall be fixed at the basic
manual rate. However, rates may vary according to differences in working conditions at major tracks and fair tracks.
(3) For the purposes of paying premiums and assessments under this section and making reports under this title,
individuals licensed as trainers by the Washington horse
racing commission shall be considered employers. The
premium assessment for a groom’s license shall be paid by
the trainer responsible for signing the groom’s license
application and shall be payable at the time of license
issuance or renewal.
(4) The fee to be assessed on owner licenses as required
by this section shall not exceed one hundred fifty dollars.
However, those owners having less than a full ownership in
a horse or horses shall pay a percentage of the required
license fee that is equal to the total percentage of the ownership that the owner has in the horse or horses. In no event
shall an owner having an ownership percentage in more than
one horse pay more than a one hundred fifty-dollar license
fee. The assessment on each owner’s license shall not imply
that an owner is an employer, but shall be required as part
of the privilege of holding an owner’s license.
(2002 Ed.)
Assessment and Collection of Premiums—Payrolls and Records
(5) Premium assessments under this section shall be
collected by the Washington horse racing commission and
deposited in the industrial insurance trust funds as provided
under department rules. [1989 c 385 § 1.]
Chapter 51.18
RETROSPECTIVE RATING PLAN
Sections
51.18.005
51.18.010
51.18.020
51.18.030
51.18.040
51.18.050
51.18.060
51.18.900
Findings.
Availability—Rules—Coverage period.
Entrance criteria.
Sponsoring entities—New or existing retrospective rating
groups.
Retrospective rating groups—Industry and business categories.
Retrospective rating groups—Probationary status—Denial of
future enrollment.
Retrospective rating groups—Department approval.
Severability—1999 c 7.
51.18.005 Findings. The legislature finds that the
retrospective rating plan provided for in RCW 51.16.035 has
proven to be highly effective both in terms of improved
workplace safety and injured worker outcomes. As a result,
the number of industrial insurance claims of many employers
participating in the retrospective rating plan have been
reduced through sound risk management strategies and
enhanced cooperation with department claims management
activities.
The legislature further finds that entrance criteria for the
retrospective rating plan under RCW 51.16.035 should be
clear and understandable to both the department and potential retrospective rating plan participants.
The legislature therefore declares that a new retrospective rating plan is needed in order to protect and preserve the
integrity and welfare of the retrospective rating system.
[1999 c 7 § 1.]
51.18.010 Availability—Rules—Coverage period.
(1) The department shall offer a retrospective rating plan to
insure the workers’ compensation obligations of employers
and groups of employers. The plan is to be made available
to any employer or group of employers who:
(a) Voluntarily elects to participate in the plan; and
(b) Meets the requirements of this chapter and rules
adopted by the department under subsection (2) of this
section.
(2) The retrospective rating plan shall be consistent with
recognized insurance principles and shall be administered
according to rules adopted by the department. Rules adopted
under this section shall encourage broad participation by
qualified employers and sponsors of retrospective rating
groups.
(3) Each retrospective rating group approved by the
department under this chapter shall select a coverage period
and may be renewed at the end of each coverage period.
For the purposes of this section, "coverage period" means a
twelve-month period provided by the department by rule.
[1999 c 7 § 2.]
(2002 Ed.)
51.16.210
51.18.020 Entrance criteria. Prior to allowing initial
entrance into the state’s retrospective rating plan, the
department shall review each proposed retrospective rating
group to ensure that the following criteria are met:
(1) The entity sponsoring the retrospective rating group
must have been in existence for at least four years;
(2) The entity sponsoring the retrospective rating group
must exist primarily for a purpose other than that of obtaining or offering insurance coverage or insurance related
services;
(3) The entity sponsoring the retrospective rating group
must have a written workplace safety and accident prevention plan in place for the proposed retrospective rating group
and must propose methods by which the retrospective rating
group will cooperate with department claims management
activities;
(4) All employers in the retrospective rating group must
be members of the sponsoring entity;
(5) All employers in the retrospective rating group must
have an industrial insurance account in good standing with
the department;
(6) Fifty percent of the original employers in the
retrospective rating group must have been members of the
sponsoring entity for one year prior to the group’s entrance
into the retrospective rating plan;
(7) The retrospective rating group must be composed of
employers who are substantially similar considering the
services or activities performed by the employees of those
employers;
(8) The initial premium level for the retrospective rating
group must be at least one million five hundred thousand
dollars and shall be based on the standard premium of the
proposed group members’ most current previous coverage
period; and
(9) The formation and operation of the retrospective
rating group must seek to substantially improve workplace
safety and accident prevention for the employers in the
group. [1999 c 7 § 3.]
51.18.030 Sponsoring entities—New or existing
retrospective rating groups. (1) Entities which sponsored
retrospective rating groups prior to July 25, 1999, may not
sponsor additional retrospective rating groups in a new business or industry category until the coverage period beginning
January 1, 2003.
(2) For retrospective rating groups approved by the
department on or after July 25, 1999, the sponsoring entity
may not propose another retrospective rating group in a new
business or industry category until the minimum mandatory
adjustment periods required by the department for the first
two coverage periods of the last formed retrospective rating
group are completed.
(3) Subsections (1) and (2) of this section do not
prohibit a sponsoring entity from proposing to:
(a) Divide an existing retrospective rating group into
two or more groups provided that the proposed new groups
fall within the same business or industry category as the
group that is proposed to be divided; or
(b) Merge existing retrospective rating groups into one
business or industry category provided that the proposed
[Title 51 RCW—page 27]
51.18.030
Title 51 RCW: Industrial Insurance
merged groups fall within the same business or industry
category as the groups that are proposed to be merged.
(4) Under no circumstances may a sponsoring entity
propose retrospective rating groups in multiple business or
industry categories in the same application to the department.
(5) An insurer, insurance broker, agent, or solicitor may
not:
(a) Participate in the formation of a retrospective rating
group; or
(b) Sponsor a retrospective rating group. [1999 c 7 §
4.]
51.18.040 Retrospective rating groups—Industry
and business categories. (1) In order to ensure that all
retrospective rating groups are made up of employers who
are substantially similar, considering the services or activities
performed by the employees of those employers, the sponsoring entity of a retrospective rating group shall select a
single, broad industry or business category for each retrospective rating group. Once an industry or business category
is selected, the department shall allow all risk classifications
reasonably related to that business or industry category into
that retrospective rating group.
(2) The following broad industry and business categories
shall be used by the sponsoring entity and the department in
establishing retrospective rating groups:
(a) Agriculture and related services;
(b) Automotive, truck and boat manufacturing, sales,
repair, and related services;
(c) Construction and related services;
(d) Distillation, chemical production, food, and related
services;
(e) Facilities or property management, maintenance, and
related services;
(f) Government, utilities, schools, health care, and
related services;
(g) Health care, pharmaceutical, laboratories, and related
services;
(h) Logging, wood products manufacturing, and related
services;
(i) Manufacturing, processing, mining, quarrying, and
related services;
(j) Retail stores, wholesale stores, professional services,
and related services;
(k) Temporary help and related services; and
(l) Transportation, recycling, warehousing, facility
maintenance, and related services.
(3) The industry and business categories in subsection
(2) of this section are not exclusive. In response to significant changes in marketplace demographics or the discovery
of unique business or industry categories, the department
may, by rule, include additional broad industry or business
category selections. The department may, by rule, remove
an industry covered within an industry or business category
in the event that the business or industry is no longer found
within this state.
(4) Given the broad nature of the industry and business
categories in subsection (2) of this section, the risk classification or classifications assigned to an individual employer
may appropriately fall into multiple business or industry
categories.
[Title 51 RCW—page 28]
(5) In order to simplify administration and keep the
administrative costs associated with devising a different
classification system for a retrospective rating plan to a
minimum, the state’s retrospective rating plan shall follow
the same classification procedure established by the department to assign workers’ compensation insurance classifications to an employer.
(6) Employers who have been a member of an existing,
approved retrospective rating group prior to July 25, 1999,
may continue in that group even if they are not substantially
similar to the industry or business category selected pursuant
to subsection (1) of this section. However, new employers
proposed for addition to a retrospective rating group on or
after July 25, 1999, must fall within the selected industry or
business category. [1999 c 7 § 5.]
51.18.050 Retrospective rating groups—
Probationary status—Denial of future enrollment. (1)
Any retrospective rating group required to pay additional net
premium assessments in two consecutive coverage periods
shall be immediately placed on probationary status. Once a
group is placed on probationary status, the department shall
review the group’s workplace safety and accident prevention
plan and its methods for cooperation with department claims
management activities. Following the review, the department shall make recommendations for corrective steps that
may be taken to improve the group’s performance.
(2) If the same retrospective rating group is required to
pay an additional net premium assessment in the third
consecutive coverage period, that group shall be denied
future enrollment in the state’s retrospective rating plan. In
addition, the sponsoring entity of the failed group may not
sponsor another group in the same business or industry
category for five coverage periods from the ending date of
the failed group’s last coverage period.
(3) This section applies prospectively only and not
retroactively. It applies only to net assessments received by
a retrospective rating group for plan years beginning after
July 25, 1999. [1999 c 7 § 6.]
51.18.060 Retrospective rating groups—Department
approval. All retrospective rating groups approved by the
department prior to July 25, 1999, under RCW 51.16.035 as
it existed prior to July 25, 1999, remain approved and, with
the exception of RCW 51.18.020, are subject to the provisions of this chapter. [1999 c 7 § 7.]
51.18.900 Severability—1999 c 7. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1999 c 7 § 10.]
Chapter 51.24
ACTIONS AT LAW FOR INJURY OR DEATH
Sections
51.24.020
51.24.030
51.24.035
Action against employer for intentional injury.
Action against third person—Election by injured person or
beneficiary—Underinsured motorist insurance coverage.
Immunity of design professional and employees.
(2002 Ed.)
Actions At Law for Injury or Death
51.24.040
51.24.050
51.24.060
51.24.070
51.24.080
51.24.090
51.24.100
51.24.110
51.24.120
51.24.900
51.24.902
Election or recovery no bar to compensation or benefits.
Assignment of cause of action—Disposition of recovered
amount.
Distribution of amount recovered—Lien.
Required election—Procedures—Right of reelection.
Notice of election or copy of complaint to department or
self-insurer—Filing notice.
Compromise or settlement less than benefits.
Right to compensation not pleadable or admissible—
Challenge to right to bring action.
Assigned cases—Special assistant attorneys general.
Rules.
Application—1977 ex.s. c 85.
Application—1984 c 218.
51.24.020 Action against employer for intentional
injury. If injury results to a worker from the deliberate
intention of his or her employer to produce such injury, the
worker or beneficiary of the worker shall have the privilege
to take under this title and also have cause of action against
the employer as if this title had not been enacted, for any
damages in excess of compensation and benefits paid or
payable under this title. [1984 c 218 § 2; 1977 ex.s. c 350
§ 31; 1973 1st ex.s. c 154 § 94; 1961 c 23 § 51.24.020.
Prior: 1957 c 70 § 24; prior: 1927 c 310 § 5, part; 1919 c
131 § 5, part; 1911 c 74 § 6, part; RRS § 7680, part.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
51.24.030 Action against third person—Election by
injured person or beneficiary—Underinsured motorist
insurance coverage. (1) If a third person, not in a worker’s
same employ, is or may become liable to pay damages on
account of a worker’s injury for which benefits and compensation are provided under this title, the injured worker or
beneficiary may elect to seek damages from the third person.
(2) In every action brought under this section, the
plaintiff shall give notice to the department or self-insurer
when the action is filed. The department or self-insurer may
file a notice of statutory interest in recovery. When such
notice has been filed by the department or self-insurer, the
parties shall thereafter serve copies of all notices, motions,
pleadings, and other process on the department or selfinsurer. The department or self-insurer may then intervene
as a party in the action to protect its statutory interest in
recovery.
(3) For the purposes of this chapter, "injury" shall
include any physical or mental condition, disease, ailment or
loss, including death, for which compensation and benefits
are paid or payable under this title.
(4) Damages recoverable by a worker or beneficiary
pursuant to the underinsured motorist coverage of an
insurance policy shall be subject to this chapter only if the
owner of the policy is the employer of the injured worker.
(5) For the purposes of this chapter, "recovery" includes
all damages except loss of consortium. [1995 c 199 § 2;
1987 c 212 § 1701; 1986 c 58 § 1; 1984 c 218 § 3; 1977
ex.s. c 85 § 1.]
Severability—1995 c 199: See note following RCW 51.12.120.
51.24.035 Immunity of design professional and
employees. (1) Notwithstanding RCW 51.24.030(1), the
injured worker or beneficiary may not seek damages against
a design professional who is a third person and who has
(2002 Ed.)
Chapter 51.24
been retained to perform professional services on a construction project, or any employee of a design professional who
is assisting or representing the design professional in the
performance of professional services on the site of the
construction project, unless responsibility for safety practices
is specifically assumed by contract, the provisions of which
were mutually negotiated, or the design professional actually
exercised control over the portion of the premises where the
worker was injured.
(2) The immunity provided by this section does not
apply to the negligent preparation of design plans and
specifications.
(3) For the purposes of this section, "design professional" means an architect, professional engineer, land surveyor,
or landscape architect, who is licensed or authorized by law
to practice such profession, or any corporation organized
under chapter 18.100 RCW or authorized under RCW
18.08.420 or 18.43.130 to render design services through the
practice of one or more of such professions. [1987 c 212 §
1801.]
51.24.040 Election or recovery no bar to compensation or benefits. The injured worker or beneficiary shall be
entitled to the full compensation and benefits provided by
this title regardless of any election or recovery made under
this chapter. [1977 ex.s. c 85 § 2.]
51.24.050 Assignment of cause of action—
Disposition of recovered amount. (1) An election not to
proceed against the third person operates as an assignment
of the cause of action to the department or self-insurer,
which may prosecute or compromise the action in its
discretion in the name of the injured worker, beneficiary or
legal representative.
(2) If an injury to a worker results in the worker’s
death, the department or self-insurer to which the cause of
action has been assigned may petition a court for the
appointment of a special personal representative for the
limited purpose of maintaining an action under this chapter
and chapter 4.20 RCW.
(3) If a beneficiary is a minor child, an election not to
proceed against a third person on such beneficiary’s cause of
action may be exercised by the beneficiary’s legal custodian
or guardian.
(4) Any recovery made by the department or self-insurer
shall be distributed as follows:
(a) The department or self-insurer shall be paid the
expenses incurred in making the recovery including reasonable costs of legal services;
(b) The injured worker or beneficiary shall be paid
twenty-five percent of the balance of the recovery made,
which shall not be subject to subsection (5) of this section:
PROVIDED, That in the event of a compromise and settlement by the parties, the injured worker or beneficiary may
agree to a sum less than twenty-five percent;
(c) The department and/or self-insurer shall be paid the
compensation and benefits paid to or on behalf of the injured
worker or beneficiary by the department and/or self-insurer;
and
(d) The injured worker or beneficiary shall be paid any
remaining balance.
[Title 51 RCW—page 29]
51.24.050
Title 51 RCW: Industrial Insurance
(5) Thereafter no payment shall be made to or on behalf
of a worker or beneficiary by the department and/or selfinsurer for such injury until the amount of any further
compensation and benefits shall equal any such remaining
balance. Thereafter, such benefits shall be paid by the
department and/or self-insurer to or on behalf of the worker
or beneficiary as though no recovery had been made from a
third person.
(6) When the cause of action has been assigned to the
self-insurer and compensation and benefits have been paid
and/or are payable from state funds for the same injury:
(a) The prosecution of such cause of action shall also be
for the benefit of the department to the extent of compensation and benefits paid and payable from state funds;
(b) Any compromise or settlement of such cause of
action which results in less than the entitlement under this
title is void unless made with the written approval of the
department;
(c) The department shall be reimbursed for compensation and benefits paid from state funds;
(d) The department shall bear its proportionate share of
the costs and reasonable attorneys’ fees incurred by the selfinsurer in obtaining the award or settlement; and
(e) Any remaining balance under subsection (4)(d) of
this section shall be applied, under subsection (5) of this
section, to reduce the obligations of the department and selfinsurer to pay further compensation and benefits in proportion to which the obligations of each bear to the remaining
entitlement of the worker or beneficiary. [1995 c 199 § 3;
1984 c 218 § 4; 1983 c 211 § 1; 1977 ex.s. c 85 § 3.]
Severability—1995 c 199: See note following RCW 51.12.120.
Applicability—1983 c 211: "Sections 1 and 2 of this act apply to all
actions against third persons in which judgment or settlement of the
underlying action has not taken place prior to July 24, 1983." [1983 c 211
§ 3.] "Sections 1 and 2 of this act" consist of the 1983 amendments of
RCW 51.24.050 and 51.24.060.
Severability—1983 c 211: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 211 § 4.]
51.24.060 Distribution of amount recovered—Lien.
(1) If the injured worker or beneficiary elects to seek
damages from the third person, any recovery made shall be
distributed as follows:
(a) The costs and reasonable attorneys’ fees shall be
paid proportionately by the injured worker or beneficiary and
the department and/or self-insurer: PROVIDED, That the
department and/or self-insurer may require court approval of
costs and attorneys’ fees or may petition a court for determination of the reasonableness of costs and attorneys’ fees;
(b) The injured worker or beneficiary shall be paid
twenty-five percent of the balance of the award: PROVIDED, That in the event of a compromise and settlement by the
parties, the injured worker or beneficiary may agree to a sum
less than twenty-five percent;
(c) The department and/or self-insurer shall be paid the
balance of the recovery made, but only to the extent necessary to reimburse the department and/or self-insurer for
benefits paid;
(i) The department and/or self-insurer shall bear its
proportionate share of the costs and reasonable attorneys’
fees incurred by the worker or beneficiary to the extent of
[Title 51 RCW—page 30]
the benefits paid under this title: PROVIDED, That the
department’s and/or self-insurer’s proportionate share shall
not exceed one hundred percent of the costs and reasonable
attorneys’ fees;
(ii) The department’s and/or self-insurer’s proportionate
share of the costs and reasonable attorneys’ fees shall be
determined by dividing the gross recovery amount into the
benefits paid amount and multiplying this percentage times
the costs and reasonable attorneys’ fees incurred by the
worker or beneficiary;
(iii) The department’s and/or self-insurer’s reimbursement share shall be determined by subtracting their proportionate share of the costs and reasonable attorneys’ fees from
the benefits paid amount;
(d) Any remaining balance shall be paid to the injured
worker or beneficiary; and
(e) Thereafter no payment shall be made to or on behalf
of a worker or beneficiary by the department and/or selfinsurer for such injury until the amount of any further
compensation and benefits shall equal any such remaining
balance minus the department’s and/or self-insurer’s proportionate share of the costs and reasonable attorneys’ fees in
regards to the remaining balance. This proportionate share
shall be determined by dividing the gross recovery amount
into the remaining balance amount and multiplying this percentage times the costs and reasonable attorneys’ fees
incurred by the worker or beneficiary. Thereafter, such
benefits shall be paid by the department and/or self-insurer
to or on behalf of the worker or beneficiary as though no
recovery had been made from a third person.
(2) The recovery made shall be subject to a lien by the
department and/or self-insurer for its share under this
section.
(3) The department or self-insurer has sole discretion to
compromise the amount of its lien. In deciding whether or
to what extent to compromise its lien, the department or selfinsurer shall consider at least the following:
(a) The likelihood of collection of the award or settlement as may be affected by insurance coverage, solvency, or
other factors relating to the third person;
(b) Factual and legal issues of liability as between the
injured worker or beneficiary and the third person. Such
issues include but are not limited to possible contributory
negligence and novel theories of liability; and
(c) Problems of proof faced in obtaining the award or
settlement.
(4) In an action under this section, the self-insurer may
act on behalf and for the benefit of the department to the
extent of any compensation and benefits paid or payable
from state funds.
(5) It shall be the duty of the person to whom any
recovery is paid before distribution under this section to
advise the department or self-insurer of the fact and amount
of such recovery, the costs and reasonable attorneys’ fees
associated with the recovery, and to distribute the recovery
in compliance with this section.
(6) The distribution of any recovery made by award or
settlement of the third party action shall be confirmed by
department order, served by registered or certified mail, and
shall be subject to chapter 51.52 RCW. In the event the
order of distribution becomes final under chapter 51.52
RCW, the director or the director’s designee may file with
(2002 Ed.)
Actions At Law for Injury or Death
the clerk of any county within the state a warrant in the
amount of the sum representing the unpaid lien plus interest
accruing from the date the order became final. The clerk of
the county in which the warrant is filed shall immediately
designate a superior court cause number for such warrant
and the clerk shall cause to be entered in the judgment
docket under the superior court cause number assigned to the
warrant, the name of such worker or beneficiary mentioned
in the warrant, the amount of the unpaid lien plus interest
accrued and the date when the warrant was filed. The
amount of such warrant as docketed shall become a lien
upon the title to and interest in all real and personal property
of the injured worker or beneficiary against whom the
warrant is issued, the same as a judgment in a civil case
docketed in the office of such clerk. The sheriff shall then
proceed in the same manner and with like effect as prescribed by law with respect to execution or other process
issued against rights or property upon judgment in the
superior court. Such warrant so docketed shall be sufficient
to support the issuance of writs of garnishment in favor of
the department in the manner provided by law in the case of
judgment, wholly or partially unsatisfied. The clerk of the
court shall be entitled to a filing fee under RCW
36.18.012(10), which shall be added to the amount of the
warrant. A copy of such warrant shall be mailed to the
injured worker or beneficiary within three days of filing with
the clerk.
(7) The director, or the director’s designee, may issue to
any person, firm, corporation, municipal corporation,
political subdivision of the state, public corporation, or
agency of the state, a notice and order to withhold and
deliver property of any kind if he or she has reason to
believe that there is in the possession of such person, firm,
corporation, municipal corporation, political subdivision of
the state, public corporation, or agency of the state, property
which is due, owing, or belonging to any worker or beneficiary upon whom a warrant has been served by the department for payments due to the state fund. The notice and
order to withhold and deliver shall be served by the sheriff
of the county or by the sheriff’s deputy; by certified mail,
return receipt requested; or by any authorized representatives
of the director. Any person, firm, corporation, municipal
corporation, political subdivision of the state, public corporation, or agency of the state upon whom service has been
made shall answer the notice within twenty days exclusive
of the day of service, under oath and in writing, and shall
make true answers to the matters inquired of in the notice
and order to withhold and deliver. In the event there is in
the possession of the party named and served with such
notice and order, any property which may be subject to the
claim of the department, such property shall be delivered
forthwith to the director or the director’s authorized representative upon demand. If the party served and named in
the notice and order fails to answer the notice and order
within the time prescribed in this section, the court may,
after the time to answer such order has expired, render
judgment by default against the party named in the notice for
the full amount claimed by the director in the notice together
with costs. In the event that a notice to withhold and deliver
is served upon an employer and the property found to be
subject thereto is wages, the employer may assert in the
answer to all exemptions provided for by chapter 6.27 RCW
(2002 Ed.)
51.24.060
to which the wage earner may be entitled. [2001 c 146 § 9;
1995 c 199 § 4; 1993 c 496 § 2; 1987 c 442 § 1118; 1986
c 305 § 403; 1984 c 218 § 5; 1983 c 211 § 2; 1977 ex.s. c
85 § 4.]
Severability—1995 c 199: See note following RCW 51.12.120.
Effective date—Application—1993 c 496: See notes following RCW
4.22.070.
Preamble—Report to legislature—Applicability—Severability—
1986 c 305: See notes following RCW 4.16.160.
Applicability—Severability—1983 c 211: See notes following RCW
51.24.050.
51.24.070 Required election—Procedures—Right of
reelection. (1) The department or self-insurer may require
the injured worker or beneficiary to exercise the right of
election under this chapter by serving a written demand by
registered mail, certified mail, or personal service on the
worker or beneficiary.
(2) Unless an election is made within sixty days of the
receipt of the demand, and unless an action is instituted or
settled within the time granted by the department or selfinsurer, the injured worker or beneficiary is deemed to have
assigned the action to the department or self-insurer. The
department or self-insurer shall allow the worker or beneficiary at least ninety days from the election to institute or
settle the action. When a beneficiary is a minor child the
demand shall be served upon the legal custodian or guardian
of such beneficiary.
(3) If an action which has been filed is not diligently
prosecuted, the department or self-insurer may petition the
court in which the action is pending for an order assigning
the cause of action to the department or self-insurer. Upon
a sufficient showing of a lack of diligent prosecution the
court in its discretion may issue the order.
(4) If the department or self-insurer has taken an
assignment of the third party cause of action under subsection (2) of this section, the injured worker or beneficiary
may, at the discretion of the department or self-insurer, exercise a right of reelection and assume the cause of action
subject to reimbursement of litigation expenses incurred by
the department or self-insurer. [1984 c 218 § 6; 1977 ex.s.
c 85 § 5.]
51.24.080 Notice of election or copy of complaint to
department or self-insurer—Filing notice. (1) If the
injured worker or beneficiary elects to seek damages from
the third person, notice of the election must be given to the
department or self-insurer. The notice shall be by registered
mail, certified mail, or personal service. If an action is filed
by the injured worker or beneficiary, a copy of the complaint
must be sent by registered mail to the department or selfinsurer.
(2) A return showing service of the notice on the
department or self-insurer shall be filed with the court but
shall not be part of the record except as necessary to give
notice to the defendant of the lien imposed by RCW
51.24.060(2). [1977 ex.s. c 85 § 6.]
51.24.090 Compromise or settlement less than
benefits. (1) Any compromise or settlement of the third
party cause of action by the injured worker or beneficiary
[Title 51 RCW—page 31]
51.24.090
Title 51 RCW: Industrial Insurance
which results in less than the entitlement under this title is
void unless made with the written approval of the department or self-insurer: PROVIDED, That for the purposes of
this chapter, "entitlement" means benefits and compensation
paid and estimated by the department to be paid in the
future.
(2) If a compromise or settlement is void because of
subsection (1) of this section, the department or self-insurer
may petition the court in which the action was filed for an
order assigning the cause of action to the department or selfinsurer. If an action has not been filed, the department or
self-insurer may proceed as provided in chapter 7.24 RCW.
[1995 c 199 § 5; 1984 c 218 § 7; 1977 ex.s. c 85 § 7.]
Chapter 51.28
NOTICE AND REPORT OF ACCIDENT—
APPLICATION FOR COMPENSATION
Sections
51.28.010
51.28.020
51.28.025
51.28.030
51.28.040
51.28.050
51.28.055
Severability—1995 c 199: See note following RCW 51.12.120.
51.24.100 Right to compensation not pleadable or
admissible—Challenge to right to bring action. The fact
that the injured worker or beneficiary is entitled to compensation under this title shall not be pleaded or admissible in
evidence in any third party action under this chapter. Any
challenge of the right to bring such action shall be made by
supplemental pleadings only and shall be decided by the
court as a matter of law. [1977 ex.s. c 85 § 8.]
51.24.110 Assigned cases—Special assistant attorneys general. (1) Actions against third persons that are
assigned by the claimant to the department, voluntarily or by
operation of law in accordance with chapter 51.24 RCW,
may be prosecuted by special assistant attorneys general.
(2) The attorney general shall select special assistant
attorneys general from a list compiled by the department and
the Washington state bar association. The attorney general,
in conjunction with the department and the Washington state
bar association, shall promulgate rules and regulations
outlining the criteria and the procedure by which private
attorneys may have their names placed on the list of attorneys available for appointment as special assistant attorneys
general to litigate third party actions under subsection (1) of
this section. [1984 c 218 § 1.]
51.24.120 Rules. The department may adopt, amend,
and rescind under chapter 34.05 RCW such rules as may be
necessary to the administration of this chapter. [1984 c 218
§ 8.]
51.24.900 Application—1977 ex.s. c 85. This 1977
amendatory act shall apply only to causes of action which
arise on or after its effective date. [1977 ex.s. c 85 § 9.]
51.24.902 Application—1984 c 218. This act applies
to all causes of action against third persons in which
judgment or settlement of the underlying action has not
taken place before June 7, 1984. [1984 c 218 § 9.]
[Title 51 RCW—page 32]
51.28.060
51.28.070
51.28.080
51.28.090
Notice of accident—Notification of worker’s rights.
Worker’s application for compensation—Physician to aid in.
Duty of employer to report injury or disease—Contents—
Penalty.
Beneficiaries’ application for compensation—Notification of
rights.
Application for change in compensation.
Time limitation for filing application or enforcing claim for
injury.
Time limitation for filing claim for occupational disease—
Notice.
Proof of dependency.
Claim files and records confidential.
Determination of compensation for temporary total disability—Notification of employer.
Notification of availability of basic health plan.
51.28.010 Notice of accident—Notification of
worker’s rights. (1) Whenever any accident occurs to any
worker it shall be the duty of such worker or someone in his
or her behalf to forthwith report such accident to his or her
employer, superintendent, or supervisor in charge of the
work, and of the employer to at once report such accident
and the injury resulting therefrom to the department pursuant
to RCW 51.28.025 where the worker has received treatment
from a physician, has been hospitalized, disabled from work,
or has died as the apparent result of such accident and
injury.
(2) Upon receipt of such notice of accident, the department shall immediately forward to the worker or his or her
beneficiaries or dependents notification, in nontechnical
language, of their rights under this title. The notice must
specify the worker’s right to receive health services from a
physician of the worker’s choice under RCW 51.36.010,
including chiropractic services under RCW 51.36.015, and
must list the types of providers authorized to provide these
services. [2001 c 231 § 1; 1977 ex.s. c 350 § 32; 1975 1st
ex.s. c 224 § 4; 1971 ex.s. c 289 § 5; 1961 c 23 §
51.28.010. Prior: 1915 c 188 § 9; 1911 c 74 § 14; RRS §
7689.]
Effective date—2001 c 231: "This act takes effect January 1, 2002."
[2001 c 231 § 4.]
Effective date—1975 ex.s. c 224: See note following RCW
51.04.110.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.28.020 Worker’s application for compensation—
Physician to aid in. (1)(a) Where a worker is entitled to
compensation under this title he or she shall file with the
department or his or her self-insured employer, as the case
may be, his or her application for such, together with the
certificate of the physician who attended him or her. An
application form developed by the department shall include
a notice specifying the worker’s right to receive health
services from a physician of the worker’s choice under RCW
51.36.010, including chiropractic services under RCW
51.36.015, and listing the types of providers authorized to
provide these services.
(2002 Ed.)
Notice and Report of Accident—Application for Compensation
(b) The physician who attended the injured worker shall
inform the injured worker of his or her rights under this title
and lend all necessary assistance in making this application
for compensation and such proof of other matters as required
by the rules of the department without charge to the worker.
The department shall provide physicians with a manual
which outlines the procedures to be followed in applications
for compensation involving occupational diseases, and which
describes claimants’ rights and responsibilities related to
occupational disease claims.
(2) If application for compensation is made to a selfinsured employer, he or she shall forthwith send a copy of
the application to the department. [2001 c 231 § 2; 1984 c
159 § 3; 1977 ex.s. c 350 § 33; 1971 ex.s. c 289 § 38; 1961
c 23 § 51.28.020. Prior: 1927 c 310 § 6, part; 1921 c 182
§ 7, part; 1911 c 74 § 12, part; RRS § 7686, part.]
Effective date—2001 c 231: See note following RCW 51.28.010.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.28.025 Duty of employer to report injury or
disease—Contents—Penalty. (1) Whenever an employer
has notice or knowledge of an injury or occupational disease
sustained by any worker in his or her employment who has
received treatment from a physician, has been hospitalized,
disabled from work or has died as the apparent result of such
injury or occupational disease, the employer shall immediately report the same to the department on forms prescribed by
it. The report shall include:
(a) The name, address, and business of the employer;
(b) The name, address, and occupation of the worker;
(c) The date, time, cause, and nature of the injury or
occupational disease;
(d) Whether the injury or occupational disease arose in
the course of the injured worker’s employment;
(e) All available information pertaining to the nature of
the injury or occupational disease including but not limited
to any visible signs, any complaints of the worker, any time
lost from work, and the observable effect on the worker’s
bodily functions, so far as is known; and
(f) Such other pertinent information as the department
may prescribe by regulation.
(2) Failure or refusal to file the report required by
subsection (1) shall subject the offending employer to a
penalty determined by the director but not to exceed two
hundred fifty dollars for each offense, to be collected in a
civil action in the name of the department and paid into the
supplemental pension fund. [1987 c 185 § 32; 1985 c 347
§ 1; 1975 1st ex.s. c 224 § 5; 1971 ex.s. c 289 § 39.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.28.030 Beneficiaries’ application for compensation—Notification of rights. Where death results from
injury the parties entitled to compensation under this title, or
someone in their behalf, shall make application for the same
to the department or self-insurer as the case may be, which
application must be accompanied with proof of death and
(2002 Ed.)
51.28.020
proof of relationship showing the parties to be entitled to
compensation under this title, certificates of attending
physician, if any, and such proof as required by the rules of
the department.
Upon receipt of notice of accident under RCW
51.28.010, the director shall immediately forward to the
party or parties required to make application for compensation under this section, notification, in nontechnical language,
of their rights under this title. [1972 ex.s. c 43 § 17; 1971
ex.s. c 289 § 6; 1961 c 23 § 51.28.030. Prior: 1927 c 310
§ 6, part; 1921 c 182 § 7, part; 1911 c 74 § 12, part; RRS
§ 7686, part.]
51.28.040 Application for change in compensation.
If change of circumstances warrants an increase or rearrangement of compensation, like application shall be made
therefor. Where the application has been granted, compensation and other benefits if in order shall be allowed for
periods of time up to sixty days prior to the receipt of such
application. [1977 ex.s. c 199 § 1; 1961 c 23 § 51.28.040.
Prior: 1927 c 310 § 6, part; 1921 c 182 § 7, part; 1911 c 74
§ 12, part; RRS § 7686, part.]
51.28.050 Time limitation for filing application or
enforcing claim for injury. No application shall be valid
or claim thereunder enforceable unless filed within one year
after the day upon which the injury occurred or the rights of
dependents or beneficiaries accrued, except as provided in
RCW 51.28.055. [1984 c 159 § 1; 1961 c 23 § 51.28.050.
Prior: 1927 c 310 § 6, part; 1921 c 182 § 7, part; 1911 c 74
§ 12, part; RRS § 7686, part.]
51.28.055 Time limitation for filing claim for
occupational disease—Notice. Claims for occupational
disease or infection to be valid and compensable must be
filed within two years following the date the worker had
written notice from a physician: (1) Of the existence of his
or her occupational disease, and (2) that a claim for disability benefits may be filed. The notice shall also contain a
statement that the worker has two years from the date of the
notice to file a claim. The physician shall file the notice
with the department. The department shall send a copy to
the worker and to the self-insurer if the worker’s employer
is self-insured. However, a claim is valid if it is filed within
two years from the date of death of the worker suffering
from an occupational disease. [1984 c 159 § 2; 1977 ex.s.
c 350 § 34; 1961 c 23 § 51.28.055. Prior: 1959 c 308 § 18;
prior: 1957 c 70 § 16, part; 1951 c 236 § 1, part.]
51.28.060 Proof of dependency. A dependent shall
at all times furnish the department with proof satisfactory to
the director of the nature, amount and extent of the contribution made by the deceased worker.
Proof of dependency by any beneficiary residing without
the United States shall be made before the nearest United
States consul or consular agency, under the seal of such
consul or consular agent, and the department may cause any
warrant or warrants to which such beneficiary is entitled to
be transmitted to the beneficiary through the nearest United
States consul or consular agent. [1977 ex.s. c 350 § 35;
1961 c 23 § 51.28.060. Prior: 1957 c 70 § 25; prior: (i)
[Title 51 RCW—page 33]
51.28.060
Title 51 RCW: Industrial Insurance
1939 c 41 § 2, part; 1929 c 132 § 1, part; 1927 c 310 § 2,
part; 1921 c 182 § 2, part; 1919 c 131 § 2, part; 1917 c 120
§ 1, part; 1911 c 74 § 3, part; RRS § 7675, part. (ii) 1947
c 56 § 1, part; 1927 c 310 § 7, part; 1923 c 136 § 4, part;
1921 c 182 § 6, part; 1919 c 131 § 6, part; 1911 c 74 § 10,
part; Rem. Supp. 1947 § 7684, part.]
51.28.070 Claim files and records confidential.
Information contained in the claim files and records of
injured workers, under the provisions of this title, shall be
deemed confidential and shall not be open to public inspection (other than to public employees in the performance of
their official duties), but representatives of a claimant, be it
an individual or an organization, may review a claim file or
receive specific information therefrom upon the presentation
of the signed authorization of the claimant. A claimant may
review his or her claim file if the director determines,
pursuant to criteria adopted by rule, that the review is in the
claimant’s interest. Employers or their duly authorized
representatives may review any files of their own injured
workers in connection with any pending claims. Physicians
treating or examining workers claiming benefits under this
title, or physicians giving medical advice to the department
regarding any claim may, at the discretion of the department, inspect the claim files and records of injured workers,
and other persons may make such inspection, at the
department’s discretion, when such persons are rendering
assistance to the department at any stage of the proceedings
on any matter pertaining to the administration of this title.
[1990 c 209 § 2; 1977 ex.s. c 350 § 36; 1975 1st ex.s. c 224
§ 6; 1961 c 23 § 51.28.070. Prior: 1957 c 70 § 51.]
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.28.080 Determination of compensation for
temporary total disability—Notification of employer. An
employer shall be promptly notified by the department when
it has determined that a worker of that employer is entitled
to compensation under RCW 51.32.090. Notification shall
include, in nontechnical language, an explanation of the
employer’s rights under this title. [1985 c 338 § 2.]
51.28.090 Notification of availability of basic health
plan. The director shall notify persons receiving time-loss
payments under this chapter of the availability of basic
health care coverage to qualified enrollees under chapter
70.47 RCW, unless the Washington basic health plan
administrator has notified the director of closure of enrollment in the plan. The director shall maintain supplies of
Washington basic health plan enrollment application forms
in all field service offices where the plan is available, which
shall be provided in reasonably necessary quantities by the
administrator for the use of persons wishing to apply for
enrollment in the Washington basic health plan. [1987 1st
ex.s. c 5 § 17.]
Severability—1987 1st ex.s. c 5: See note following RCW
70.47.901.
Chapter 51.32
COMPENSATION—RIGHT TO AND AMOUNT
Sections
51.32.010
51.32.015
51.32.020
51.32.025
51.32.030
51.32.040
51.32.045
51.32.050
51.32.055
51.32.060
51.32.067
51.32.072
51.32.073
51.32.075
51.32.080
51.32.090
51.32.095
51.32.098
51.32.100
51.32.110
51.32.112
51.32.114
51.32.120
51.32.130
51.32.135
51.32.140
51.32.150
51.32.160
51.32.180
51.32.185
51.32.190
51.32.195
51.32.200
51.32.210
51.32.215
51.32.220
51.32.225
51.32.230
51.32.240
51.32.250
51.32.260
51.32.300
51.32.350
51.32.360
51.32.370
[Title 51 RCW—page 34]
Who entitled to compensation.
Time and place of coverage—Lunch period.
Who not entitled to compensation.
Payments for children cease at age eighteen—Exceptions.
When compensation payable to employer or member of
corporate employer.
Protection of awards—Payment after death—Time limitations for filing—Confinement in institution.
Direct deposit of benefits.
Death benefits.
Determination of permanent disabilities—Closure of claims
by self-insurers.
Permanent total disability compensation—Personal attendant.
Permanent total disability—Death benefit options—Election.
Additional payments for prior pensioners—Children—
Remarriage—Attendant.
Additional payments for prior pensioners—Premium liability
of worker and employer for additional payments.
Adjustments in compensation or death benefits.
Permanent partial disability—Specified—Unspecified, rules
for classification—Injury after permanent partial disability.
Temporary total disability—Partial restoration of earning
power—Return to available work—When employer
continues wages—Limitations.
Vocational rehabilitation services—Benefits—Priorities—
Allowable costs—Performance criteria.
Vocational rehabilitation services—Applicability.
Preexisting disease.
Medical examination—Refusal to submit—Traveling expenses—Pay for time lost.
Medical examination—Standards and criteria—Special examinations by chiropractors—Compensation guidelines
and reporting criteria.
Medical examination—Department to monitor quality and
objectivity.
Further accident after lump sum payment.
Lump sum for death or permanent total disability.
Closing of claim in pension cases—Consent of spouse.
Nonresident alien beneficiary.
Lump sum to beneficiary outside state.
Aggravation, diminution, or termination.
Occupational diseases—Limitation.
Occupational diseases—Presumption of occupational disease
for fire fighters—Limitations—Exception—Rules.
Self-insurers—Notice of denial of claim, reasons—
Procedure—Powers and duties of director.
Self-insurers—Information to department.
Self-insurers—Enforcement of compensation order against.
Claims of injured workers, prompt action—Payment—
Acceptance—Effect.
Payment of compensation after appeal—Enforcement of
order—Penalty.
Reduction in total disability compensation—Limitations—
Notice—Waiver.
Reduction in total disability compensation—Offset for social
security retirement benefits.
Recovery of overpayments.
Erroneous, fraudulent payments—Adjustment for selfinsurer’s failure to pay benefits—Penalty—Appeal—
Enforcement of orders.
Payment of job modification costs.
Compensation for loss or damage to personal effects.
State employee vocational rehabilitation coordinator.
Chemically related illness—Criteria and procedures for
claims—Claims management.
Chemically related illness—Centers for research and clinical
assessment.
Chemically related illness—Research projects—
Implementation plan—Funding—Deductions from
employees’ pay.
(2002 Ed.)
Compensation—Right to and Amount
Public assistance recipient receiving industrial insurance compensation,
recovery by department: RCW 74.04.530 through 74.04.580.
Victims of crimes, benefits: Chapter 7.68 RCW.
51.32.010 Who entitled to compensation. Each
worker injured in the course of his or her employment, or
his or her family or dependents in case of death of the
worker, shall receive compensation in accordance with this
chapter, and, except as in this title otherwise provided, such
payment shall be in lieu of any and all rights of action
whatsoever against any person whomsoever: PROVIDED,
That if an injured worker, or the surviving spouse of an
injured worker shall not have the legal custody of a child
for, or on account of whom payments are required to be
made under this title, such payment or payments shall be
made to the person or persons having the legal custody of
such child but only for the periods of time after the department has been notified of the fact of such legal custody,
and it shall be the duty of any such person or persons
receiving payments because of legal custody of any child
immediately to notify the department of any change in such
legal custody. [1977 ex.s. c 350 § 37; 1975 1st ex.s. c 224
§ 7; 1971 ex.s. c 289 § 40; 1961 c 23 § 51.32.010. Prior:
1957 c 70 § 26; prior: 1949 c 219 § 1, part; 1947 c 246 §
1, part; 1929 c 132 § 2, part; 1927 c 310 § 4, part; 1923 c
136 § 2, part; 1919 c 131 § 4, part; 1917 c 28 § 1, part;
1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp. 1949
§ 7679, part.]
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.32.015 Time and place of coverage—Lunch
period. The benefits of Title 51 RCW shall be provided to
each worker receiving an injury, as defined therein, during
the course of his or her employment and also during his or
her lunch period as established by the employer while on the
jobsite. The jobsite shall consist of the premises as are
occupied, used or contracted for by the employer for the
business or work process in which the employer is then
engaged: PROVIDED, That if a worker by reason of his or
her employment leaves such jobsite under the direction,
control or request of the employer and if such worker is
injured during his or her lunch period while so away from
the jobsite, the worker shall receive the benefits as provided
herein: AND PROVIDED FURTHER, That the employer
need not consider the lunch period in his or her payroll for
the purpose of reporting to the department unless the worker
is actually paid for such period of time. [1977 ex.s. c 350
§ 38; 1971 ex.s. c 289 § 41; 1961 c 107 § 1.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.32.020 Who not entitled to compensation. If
injury or death results to a worker from the deliberate
intention of the worker himself or herself to produce such
injury or death, or while the worker is engaged in the
attempt to commit, or the commission of, a felony, neither
the worker nor the widow, widower, child, or dependent of
the worker shall receive any payment under this title.
(2002 Ed.)
Chapter 51.32
If injury or death results to a worker from the deliberate
intention of a beneficiary of that worker to produce the
injury or death, or if injury or death results to a worker as a
consequence of a beneficiary of that worker engaging in the
attempt to commit, or the commission of, a felony, the
beneficiary shall not receive any payment under this title.
An invalid child, while being supported and cared for in
a state institution, shall not receive compensation under this
chapter.
No payment shall be made to or for a natural child of
a deceased worker and, at the same time, as the stepchild of
a deceased worker. [1995 c 160 § 2; 1977 ex.s. c 350 § 39;
1971 ex.s. c 289 § 42; 1961 c 23 § 51.32.020. Prior: 1957
c 70 § 27; prior: (i) 1927 c 310 § 5, part; 1919 c 131 § 5,
part; 1911 c 74 § 6, part; RRS § 7680, part. (ii) 1949 c 219
§ 1, part; 1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927
c 310 § 4, part; 1923 c 136 § 2, part; 1919 c 131 § 4, part;
1917 c 28 § 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5,
part; Rem. Supp. 1949 § 7679, part.]
Application—1995 c 160 §§ 2 and 3: "Sections 2 and 3 of this act
shall apply from July 23, 1995, without regard to the date of injury or the
date of filing a claim." [1995 c 160 § 8.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.32.025 Payments for children cease at age
eighteen—Exceptions. Any payments to or on account of
any child or children of a deceased or temporarily or totally
permanently disabled worker pursuant to any of the provisions of chapter 51.32 RCW shall terminate when any such
child reaches the age of eighteen years unless such child is
a dependent invalid child or is permanently enrolled at a full
time course in an accredited school, in which case such
payments after age eighteen shall be made directly to such
child. Payments to any dependent invalid child over the age
of eighteen years shall continue in the amount previously
paid on account of such child until he shall cease to be
dependent. Payments to any child over the age of eighteen
years permanently enrolled at a full time course in an
accredited school shall continue in the amount previously
paid on account of such child until the child reaches an age
over that provided for in the definition of "child" in this title
or ceases to be permanently enrolled whichever occurs first.
Where the worker sustains an injury or dies when any of the
worker’s children is over the age of eighteen years and is
either a dependent invalid child or is a child permanently
enrolled at a full time course in an accredited school the
payment to or on account of any such child shall be made as
herein provided. [1987 c 185 § 33; 1975 1st ex.s. c 224 §
11.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.32.030 When compensation payable to employer
or member of corporate employer. Any sole proprietor,
partner, or joint venturer who has requested coverage under
this title and who shall thereafter be injured or sustain an
occupational disease, shall be entitled to the benefit of this
title, as and under the same circumstances and subject to the
same obligations as a worker: PROVIDED, That no such
[Title 51 RCW—page 35]
51.32.030
Title 51 RCW: Industrial Insurance
person or the beneficiaries thereof shall be entitled to benefits under this title unless the department has received notice
in writing of such request on such forms as the department
may provide prior to the date of the injury or occupational
disease as the result of which claims are made: PROVIDED, That the department shall have the power to cancel the
personal coverage of any such person if any required
payments or reports have not been made. [1980 c 14 § 8.
Prior: 1977 ex.s. c 350 § 40; 1977 ex.s. c 323 § 14; 1961
c 23 § 51.32.030; prior: 1957 c 70 § 28; prior: 1939 c 41
§ 2, part; 1929 c 132 § 1, part; 1927 c 310 § 2, part; 1921
c 182 § 2, part; 1919 c 131 § 2, part; 1917 c 120 § 1, part;
1911 c 74 § 3, part; RRS § 7675, part.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.32.040 Protection of awards—Payment after
death—Time limitations for filing—Confinement in
institution. (1) Except as provided in RCW 43.20B.720 and
74.20A.260, no money paid or payable under this title shall,
before the issuance and delivery of the check or warrant, be
assigned, charged, or taken in execution, attached, garnished,
or pass or be paid to any other person by operation of law,
any form of voluntary assignment, or power of attorney.
Any such assignment or charge is void unless the transfer is
to a financial institution at the request of a worker or other
beneficiary and made in accordance with RCW 51.32.045.
(2)(a) If any worker suffers (i) a permanent partial
injury and dies from some other cause than the accident
which produced the injury before he or she receives payment
of the award for the permanent partial injury or (ii) any other
injury before he or she receives payment of any monthly
installment covering any period of time before his or her
death, the amount of the permanent partial disability award
or the monthly payment, or both, shall be paid to the
surviving spouse or the child or children if there is no
surviving spouse. If there is no surviving spouse and no
child or children, the award or the amount of the monthly
payment shall be paid by the department or self-insurer and
distributed consistent with the terms of the decedent’s will
or, if the decedent dies intestate, consistent with the terms of
RCW 11.04.015.
(b) If any worker suffers an injury and dies from it
before he or she receives payment of any monthly installment covering time loss for any period of time before his or
her death, the amount of the monthly payment shall be paid
to the surviving spouse or the child or children if there is no
surviving spouse. If there is no surviving spouse and no
child or children, the amount of the monthly payment shall
be paid by the department or self-insurer and distributed
consistent with the terms of the decedent’s will or, if the
decedent dies intestate, consistent with the terms of RCW
11.04.015.
(c) Any application for compensation under this subsection (2) shall be filed with the department or self-insuring
employer within one year of the date of death. The department or self-insurer may satisfy its responsibilities under this
subsection (2) by sending any payment due in the name of
the decedent and to the last known address of the decedent.
(3)(a) Any worker or beneficiary receiving benefits
under this title who is subsequently confined in, or who
subsequently becomes eligible for benefits under this title
[Title 51 RCW—page 36]
while confined in, any institution under conviction and sentence shall have all payments of the compensation canceled
during the period of confinement. After discharge from the
institution, payment of benefits due afterward shall be paid
if the worker or beneficiary would, except for the provisions
of this subsection (3), otherwise be entitled to them.
(b) If any prisoner is injured in the course of his or her
employment while participating in a work or training release
program authorized by chapter 72.65 RCW and is subject to
the provisions of this title, he or she is entitled to payments
under this title, subject to the requirements of chapter 72.65
RCW, unless his or her participation in the program has
been canceled, or unless he or she is returned to a state
correctional institution, as defined in RCW 72.65.010(3), as
a result of revocation of parole or new sentence.
(c) If the confined worker has any beneficiaries during
the confinement period during which benefits are canceled
under (a) or (b) of this subsection, they shall be paid directly
the monthly benefits which would have been paid to the
worker for himself or herself and the worker’s beneficiaries
had the worker not been confined.
(4) Any lump sum benefits to which a worker would
otherwise be entitled but for the provisions of this section
shall be paid on a monthly basis to his or her beneficiaries.
[1999 c 185 § 1; 1996 c 47 § 1; 1995 c 160 § 3; 1987 c 75
§ 7; 1983 c 2 § 13. Prior: 1982 c 201 § 8; 1982 c 109 §
10; 1979 ex.s. c 171 § 11; 1977 ex.s. c 350 § 41; 1975 1st
ex.s. c 224 § 8; 1974 ex.s. c 30 § 1; prior: 1973 1st ex.s. c
154 § 95; 1972 ex.s. c 43 § 18; 1971 ex.s. c 289 § 43; 1965
ex.s. c 165 § 2; 1961 c 23 § 51.32.040; prior: 1957 c 70 §
29; prior: 1947 c 56 § 1, part; 1927 c 310 § 7, part; 1923
c 136 § 4, part; 1921 c 182 § 6, part; 1919 c 131 § 6, part;
1911 c 74 § 10, part; Rem. Supp. 1947 § 7684, part.]
Application—1995 c 160 §§ 2 and 3: See note following RCW
51.32.020.
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
Severability—1983 c 2: See note following RCW 18.71.030.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
51.32.045 Direct deposit of benefits. Any worker or
other recipient of benefits under this title may elect to have
any payments due transferred to such person’s account in a
financial institution for either: (1) Credit to the recipient’s
account in such financial institution; or (2) immediate
transfer therefrom to the recipient’s account in any other
financial institution. A single warrant may be drawn in
favor of such financial institution, for the total amount due
the recipients involved, and written directions provided to
such financial institution of the amount to be credited to the
account of a recipient or to be transferred to an account in
another financial institution for such recipient. The issuance
and delivery by the disbursing officer of a warrant in
accordance with the procedure set forth in this section and
proper indorsement thereof by the financial institution shall
(2002 Ed.)
Compensation—Right to and Amount
have the same legal effect as payment directly to the recipient.
For the purposes of this section "financial institution"
shall have the meaning given in RCW 41.04.240 as now or
hereafter amended. [1982 c 109 § 11.]
51.32.050 Death benefits. (1) Where death results
from the injury the expenses of burial not to exceed two
hundred percent of the average monthly wage in the state as
defined in RCW 51.08.018 shall be paid.
(2)(a) Where death results from the injury, a surviving
spouse of a deceased worker eligible for benefits under this
title shall receive monthly for life or until remarriage
payments according to the following schedule:
(i) If there are no children of the deceased worker, sixty
percent of the wages of the deceased worker but not less
than one hundred eighty-five dollars;
(ii) If there is one child of the deceased worker and in
the legal custody of such spouse, sixty-two percent of the
wages of the deceased worker but not less than two hundred
twenty-two dollars;
(iii) If there are two children of the deceased worker
and in the legal custody of such spouse, sixty-four percent
of the wages of the deceased worker but not less than two
hundred fifty-three dollars;
(iv) If there are three children of the deceased worker
and in the legal custody of such spouse, sixty-six percent of
the wages of the deceased worker but not less than two
hundred seventy-six dollars;
(v) If there are four children of the deceased worker and
in the legal custody of such spouse, sixty-eight percent of the
wages of the deceased worker but not less than two hundred
ninety-nine dollars; or
(vi) If there are five or more children of the deceased
worker and in the legal custody of such spouse, seventy
percent of the wages of the deceased worker but not less
than three hundred twenty-two dollars.
(b) Where the surviving spouse does not have legal
custody of any child or children of the deceased worker or
where after the death of the worker legal custody of such
child or children passes from such surviving spouse to
another, any payment on account of such child or children
not in the legal custody of the surviving spouse shall be
made to the person or persons having legal custody of such
child or children. The amount of such payments shall be
five percent of the monthly benefits payable as a result of
the worker’s death for each such child but such payments
shall not exceed twenty-five percent. Such payments on
account of such child or children shall be subtracted from
the amount to which such surviving spouse would have been
entitled had such surviving spouse had legal custody of all
of the children and the surviving spouse shall receive the
remainder after such payments on account of such child or
children have been subtracted. Such payments on account
of a child or children not in the legal custody of such
surviving spouse shall be apportioned equally among such
children.
(c) Payments to the surviving spouse of the deceased
worker shall cease at the end of the month in which remarriage occurs: PROVIDED, That a monthly payment shall be
made to the child or children of the deceased worker from
the month following such remarriage in a sum equal to five
(2002 Ed.)
51.32.045
percent of the wages of the deceased worker for one child
and a sum equal to five percent for each additional child up
to a maximum of five such children. Payments to such child
or children shall be apportioned equally among such children. Such sum shall be in place of any payments theretofore made for the benefit of or on account of any such child
or children. If the surviving spouse does not have legal
custody of any child or children of the deceased worker, or
if after the death of the worker, legal custody of such child
or children passes from such surviving spouse to another,
any payment on account of such child or children not in the
legal custody of the surviving spouse shall be made to the
person or persons having legal custody of such child or
children.
(d) In no event shall the monthly payments provided in
subsection (2) of this section exceed the applicable percentage of the average monthly wage in the state as computed
under RCW 51.08.018 as follows:
AFTER
June
June
June
June
30,
30,
30,
30,
1993
1994
1995
1996
PERCENTAGE
105%
110%
115%
120%
(e) In addition to the monthly payments provided for in
subsection (2) (a) through (c) of this section, a surviving
spouse or child or children of such worker if there is no
surviving spouse, or dependent parent or parents, if there is
no surviving spouse or child or children of any such deceased worker shall be forthwith paid a sum equal to one
hundred percent of the average monthly wage in the state as
defined in RCW 51.08.018, any such children, or parents to
share and share alike in said sum.
(f) Upon remarriage of a surviving spouse the monthly
payments for the child or children shall continue as provided
in this section, but the monthly payments to such surviving
spouse shall cease at the end of the month during which
remarriage occurs. However, after September 8, 1975, an
otherwise eligible surviving spouse of a worker who died at
any time prior to or after September 8, 1975, shall have an
option of:
(i) Receiving, once and for all, a lump sum of twentyfour times the monthly compensation rate in effect on the
date of remarriage allocable to the spouse for himself or
herself pursuant to subsection (2)(a)(i) of this section and
subject to any modifications specified under subsection
(2)(d) of this section and RCW 51.32.075(3) or fifty percent
of the then remaining annuity value of his or her pension,
whichever is the lesser: PROVIDED, That if the injury occurred prior to July 28, 1991, the remarriage benefit lump
sum available shall be as provided in the remarriage benefit
schedules then in effect; or
(ii) If a surviving spouse does not choose the option
specified in subsection (2)(f)(i) of this section to accept the
lump sum payment, the remarriage of the surviving spouse
of a worker shall not bar him or her from claiming the lump
sum payment authorized in subsection (2)(f)(i) of this section
during the life of the remarriage, or shall not prevent subsequent monthly payments to him or to her if the remarriage
has been terminated by death or has been dissolved or
[Title 51 RCW—page 37]
51.32.050
Title 51 RCW: Industrial Insurance
annulled by valid court decree provided he or she has not
previously accepted the lump sum payment.
(g) If the surviving spouse during the remarriage should
die without having previously received the lump sum
payment provided in subsection (2)(f)(i) of this section, his
or her estate shall be entitled to receive the sum specified
under subsection (2)(f)(i) of this section or fifty percent of
the then remaining annuity value of his or her pension
whichever is the lesser.
(h) The effective date of resumption of payments under
subsection (2)(f)(ii) of this section to a surviving spouse
based upon termination of a remarriage by death, annulment,
or dissolution shall be the date of the death or the date the
judicial decree of annulment or dissolution becomes final
and when application for the payments has been received.
(i) If it should be necessary to increase the reserves in
the reserve fund or to create a new pension reserve fund as
a result of the amendments in chapter 45, Laws of 1975-’76
2nd ex. sess., the amount of such increase in pension reserve
in any such case shall be transferred to the reserve fund
from the supplemental pension fund.
(3) If there is a child or children and no surviving
spouse of the deceased worker or the surviving spouse is not
eligible for benefits under this title, a sum equal to thirtyfive percent of the wages of the deceased worker shall be
paid monthly for one child and a sum equivalent to fifteen
percent of such wage shall be paid monthly for each additional child, the total of such sum to be divided among such
children, share and share alike: PROVIDED, That benefits
under this subsection or subsection (4) of this section shall
not exceed the lesser of sixty-five percent of the wages of
the deceased worker at the time of his or her death or the
applicable percentage of the average monthly wage in the
state as defined in RCW 51.08.018, as follows:
AFTER
June
June
June
June
30,
30,
30,
30,
1993
1994
1995
1996
PERCENTAGE
105%
110%
115%
120%
(4) In the event a surviving spouse receiving monthly
payments dies, the child or children of the deceased worker
shall receive the same payment as provided in subsection (3)
of this section.
(5) If the worker leaves no surviving spouse or child,
but leaves a dependent or dependents, a monthly payment
shall be made to each dependent equal to fifty percent of the
average monthly support actually received by such dependent
from the worker during the twelve months next preceding
the occurrence of the injury, but the total payment to all
dependents in any case shall not exceed the lesser of sixtyfive percent of the wages of the deceased worker at the time
of his or her death or the applicable percentage of the
average monthly wage in the state as defined in RCW
51.08.018 as follows:
AFTER
June
June
June
June
30,
30,
30,
30,
1993
1994
1995
1996
[Title 51 RCW—page 38]
PERCENTAGE
105%
110%
115%
120%
If any dependent is under the age of eighteen years at the
time of the occurrence of the injury, the payment to such
dependent shall cease when such dependent reaches the age
of eighteen years except such payments shall continue until
the dependent reaches age twenty-three while permanently
enrolled at a full time course in an accredited school. The
payment to any dependent shall cease if and when, under the
same circumstances, the necessity creating the dependency
would have ceased if the injury had not happened.
(6) For claims filed prior to July 1, 1986, if the injured
worker dies during the period of permanent total disability,
whatever the cause of death, leaving a surviving spouse, or
child, or children, the surviving spouse or child or children
shall receive benefits as if death resulted from the injury as
provided in subsections (2) through (4) of this section.
Upon remarriage or death of such surviving spouse, the
payments to such child or children shall be made as provided
in subsection (2) of this section when the surviving spouse
of a deceased worker remarries.
(7) For claims filed on or after July 1, 1986, every
worker who becomes eligible for permanent total disability
benefits shall elect an option as provided in RCW 51.32.067.
[1995 c 199 § 6; 1993 c 521 § 1; 1991 c 88 § 2; 1988 c 161
§ 2; 1986 c 58 § 3; 1982 c 63 § 18; 1977 ex.s. c 350 § 42;
1975-’76 2nd ex.s. c 45 § 2; 1975 1st ex.s. c 179 § 1; 1973
1st ex.s. c 154 § 96; 1972 ex.s. c 43 § 19; 1971 ex.s. c 289
§ 7; 1965 ex.s. c 122 § 1; 1961 c 274 § 1; 1961 c 23 §
51.32.050. Prior: 1957 c 70 § 30; 1951 c 115 § 1; prior:
1949 c 219 § 1, part; 1947 c 246 § 1, part; 1929 c 132 § 2,
part; 1927 c 310 § 4, part; 1923 c 136 § 2, part; 1919 c 131
§ 4, part; 1917 c 28 § 1, part; 1913 c 148 § 1, part; 1911 c
74 § 5, part; Rem. Supp. 1949 § 7679, part.]
Severability—1995 c 199: See note following RCW 51.12.120.
Effective date—1993 c 521: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 521 § 4.]
Benefit increases—Application to certain retrospective rating
agreements—1988 c 161: "The increases in benefits in RCW 51.32.050,
51.32.060, 51.32.090, and 51.32.180, contained in chapter 161, Laws of
1988 do not affect a retrospective rating agreement entered into by any
employer with the department before July 1, 1988." [1988 c 161 § 15.]
Effective dates—1988 c 161 §§ 1, 2, 3, 4, and 6: "Section 4 of this
act shall take effect on June 30, 1989. Sections 1, 2, 3, and 6 of this act
shall take effect on July 1, 1988." [1988 c 161 § 17.]
Effective date—1986 c 58 §§ 2, 3: See note following RCW
51.32.080.
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Legislative intent—1975 1st ex.s. c 179: "The legislative intent of
chapter 179, Laws of 1975 1st ex. sess. (2nd SSB No. 2241) was in part to
offer surviving spouses of eligible workmen two options upon remarriage;
such options to be available to any otherwise eligible surviving spouse
regardless of the date of death of the injured workman. Accordingly this
1976 amendatory act is required to clarify that intent." [1975-’76 2nd ex.s.
c 45 § 1.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
51.32.055 Determination of permanent disabilities—
Closure of claims by self-insurers. (1) One purpose of this
title is to restore the injured worker as nearly as possible to
the condition of self-support as an able-bodied worker.
Benefits for permanent disability shall be determined under
(2002 Ed.)
Compensation—Right to and Amount
the director’s supervision, except as otherwise authorized in
subsection (9) of this section, only after the injured worker’s
condition becomes fixed.
(2) All determinations of permanent disabilities shall be
made by the department, except as otherwise authorized in
subsection (9) of this section. Either the worker, employer,
or self-insurer may make a request or the inquiry may be
initiated by the director or, as authorized in subsection (9) of
this section, by the self-insurer on the director or the selfinsurer’s own motion. Determinations shall be required in
every instance where permanent disability is likely to be
present. All medical reports and other pertinent information
in the possession of or under the control of the employer or,
if the self-insurer has made a request to the department, in
the possession of or under the control of the self-insurer
shall be forwarded to the director with the request.
(3) A request for determination of permanent disability
shall be examined by the department or, if authorized in
subsection (9) of this section, the self-insurer, and the
department shall issue an order in accordance with RCW
51.52.050 or, in the case of a self-insured employer, the selfinsurer may: (a) Enter a written order, communicated to the
worker and the department self-insurance section in accordance with subsection (9) of this section, or (b) request the
department to issue an order in accordance with RCW
51.52.050.
(4) The department or, in cases authorized in subsection
(9) of this section, the self-insurer may require that the
worker present himself or herself for a special medical
examination by a physician or physicians selected by the department, and the department or, in cases authorized in
subsection (9) of this section, the self-insurer may require
that the worker present himself or herself for a personal
interview. The costs of the examination or interview,
including payment of any reasonable travel expenses, shall
be paid by the department or self-insurer, as the case may
be.
(5) The director may establish a medical bureau within
the department to perform medical examinations under this
section. Physicians hired or retained for this purpose shall
be grounded in industrial medicine and in the assessment of
industrial physical impairment. Self-insurers shall bear a
proportionate share of the cost of the medical bureau in a
manner to be determined by the department.
(6) Where a dispute arises from the handling of any
claim before the condition of the injured worker becomes
fixed, the worker, employer, or self-insurer may request the
department to resolve the dispute or the director may initiate
an inquiry on his or her own motion. In these cases, the department shall proceed as provided in this section and an
order shall issue in accordance with RCW 51.52.050.
(7)(a) If a claim (i) is accepted by a self-insurer after
June 30, 1986, and before August 1, 1997, (ii) involves only
medical treatment and the payment of temporary disability
compensation under RCW 51.32.090 or only the payment of
temporary disability compensation under RCW 51.32.090,
(iii) at the time medical treatment is concluded does not
involve permanent disability, (iv) is one with respect to
which the department has not intervened under subsection
(6) of this section, and (v) the injured worker has returned
to work with the self-insured employer of record, whether at
the worker’s previous job or at a job that has comparable
(2002 Ed.)
51.32.055
wages and benefits, the claim may be closed by the selfinsurer, subject to reporting of claims to the department in
a manner prescribed by department rules adopted under
chapter 34.05 RCW.
(b) All determinations of permanent disability for claims
accepted under this subsection (7) by self-insurers shall be
made by the self-insured section of the department under
subsections (1) through (4) of this section.
(c) Upon closure of a claim under (a) of this subsection,
the self-insurer shall enter a written order, communicated to
the worker and the department self-insurance section, which
contains the following statement clearly set forth in bold face
type: "This order constitutes notification that your claim is
being closed with medical benefits and temporary disability
compensation only as provided, and with the condition you
have returned to work with the self-insured employer. If for
any reason you disagree with the conditions or duration of
your return to work or the medical benefits or the temporary
disability compensation that has been provided, you must
protest in writing to the department of labor and industries,
self-insurance section, within sixty days of the date you
received this order."
(8)(a) If a claim (i) is accepted by a self-insurer after
June 30, 1990, and before August 1, 1997, (ii) involves only
medical treatment, (iii) does not involve payment of temporary disability compensation under RCW 51.32.090, and (iv)
at the time medical treatment is concluded does not involve
permanent disability, the claim may be closed by the selfinsurer, subject to reporting of claims to the department in
a manner prescribed by department rules adopted under
chapter 34.05 RCW. Upon closure of a claim, the self-insurer shall enter a written order, communicated to the worker,
which contains the following statement clearly set forth in
bold-face type: "This order constitutes notification that your
claim is being closed with medical benefits only, as provided. If for any reason you disagree with this closure, you
must protest in writing to the Department of Labor and
Industries, Olympia, within 60 days of the date you received
this order. The department will then review your claim and
enter a further determinative order."
(b) All determinations of permanent disability for claims
accepted under this subsection (8) by self-insurers shall be
made by the self-insured section of the department under
subsections (1) through (4) of this section.
(9)(a) If a claim: (i) Is accepted by a self-insurer after
July 31, 1997; (ii)(A) involves only medical treatment, or
medical treatment and the payment of temporary disability
compensation under RCW 51.32.090, and a determination of
permanent partial disability, if applicable, has been made by
the self-insurer as authorized in this subsection; or (B)
involves only the payment of temporary disability compensation under RCW 51.32.090 and a determination of permanent
partial disability, if applicable, has been made by the selfinsurer as authorized in this subsection; (iii) is one with
respect to which the department has not intervened under
subsection (6) of this section; and (iv) concerns an injured
worker who has returned to work with the self-insured
employer of record, whether at the worker’s previous job or
at a job that has comparable wages and benefits, the claim
may be closed by the self-insurer, subject to reporting of
claims to the department in a manner prescribed by department rules adopted under chapter 34.05 RCW.
[Title 51 RCW—page 39]
51.32.055
Title 51 RCW: Industrial Insurance
(b) If a physician submits a report to the self-insurer
that concludes that the worker’s condition is fixed and stable
and supports payment of a permanent partial disability
award, and if within fourteen days from the date the selfinsurer mailed the report to the attending or treating physician, the worker’s attending or treating physician disagrees
in writing that the worker’s condition is fixed and stable, the
self-insurer must get a supplemental medical opinion from a
provider on the department’s approved examiner’s list before
closing the claim. In the alternative, the self-insurer may
forward the claim to the department, which must review the
claim and enter a final order as provided for in RCW
51.52.050.
(c) Upon closure of a claim under this subsection (9),
the self-insurer shall enter a written order, communicated to
the worker and the department self-insurance section, which
contains the following statement clearly set forth in bold-face
type: "This order constitutes notification that your claim is
being closed with such medical benefits and temporary
disability compensation as provided to date and with such
award for permanent partial disability, if any, as set forth
below, and with the condition that you have returned to work
with the self-insured employer. If for any reason you
disagree with the conditions or duration of your return to
work or the medical benefits, temporary disability compensation provided, or permanent partial disability that has been
awarded, you must protest in writing to the Department of
Labor and Industries, Self-Insurance Section, within sixty
days of the date you received this order. If you do not
protest this order to the department, this order will become
final."
(d) All determinations of permanent partial disability for
claims accepted by self-insurers under this subsection (9)
may be made by the self-insurer or the self-insurer may
request a determination by the self-insured section of the
department. All determinations shall be made under subsections (1) through (4) of this section.
(10) If the department receives a protest of an order
issued by a self-insurer under subsections (7) through (9) of
this section, the self-insurer’s closure order must be held in
abeyance. The department shall review the claim closure
action and enter a further determinative order as provided for
in RCW 51.52.050. If no protest is timely filed, the closing
order issued by the self-insurer shall become final and shall
have the same force and effect as a department order that
has become final under RCW 51.52.050.
(11) If within two years of claim closure under subsections (7) through (9) of this section, the department determines that the self-insurer has made payment of benefits
because of clerical error, mistake of identity, or innocent
misrepresentation or the department discovers a violation of
the conditions of claim closure, the department may require
the self-insurer to correct the benefits paid or payable. This
subsection (11) does not limit in any way the application of
RCW 51.32.240.
(12) For the purposes of this section, "comparable
wages and benefits" means wages and benefits that are at
least ninety-five percent of the wages and benefits received
by the worker at the time of injury. [1997 c 416 § 1; 1994
c 97 § 1; 1988 c 161 § 13; 1986 c 55 § 1; 1981 c 326 § 1;
1977 ex.s. c 350 § 43; 1971 ex.s. c 289 § 46.]
[Title 51 RCW—page 40]
Report to the legislature—1997 c 416: "The department of labor
and industries shall review the permanent partial disability claims closure
activity by self-insured employers authorized under RCW 51.32.055(9)
through at least June 30, 1999. The department must also review the claims
closure activity by the self-insured section of the department for the same
period. The review of these activities must include the number and types
of claims closed, protested, reconsidered, and appealed, and the results of
such activities, including the results of injured worker satisfaction surveys
conducted by the department. The department must report on its review to
the appropriate committees of the legislature no later than January 1, 2000."
[1997 c 416 § 2.]
Effective date—Applicability—1986 c 55 § 1: "Section 1 of this act
shall take effect July 1, 1986, and shall apply to claims accepted after June
30, 1986." [1986 c 55 § 4.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.32.060 Permanent total disability compensation—Personal attendant. (1) When the supervisor of
industrial insurance shall determine that permanent total disability results from the injury, the worker shall receive
monthly during the period of such disability:
(a) If married at the time of injury, sixty-five percent of
his or her wages but not less than two hundred fifteen
dollars per month.
(b) If married with one child at the time of injury,
sixty-seven percent of his or her wages but not less than two
hundred fifty-two dollars per month.
(c) If married with two children at the time of injury,
sixty-nine percent of his or her wages but not less than two
hundred eighty-three dollars.
(d) If married with three children at the time of injury,
seventy-one percent of his or her wages but not less than
three hundred six dollars per month.
(e) If married with four children at the time of injury,
seventy-three percent of his or her wages but not less than
three hundred twenty-nine dollars per month.
(f) If married with five or more children at the time of
injury, seventy-five percent of his or her wages but not less
than three hundred fifty-two dollars per month.
(g) If unmarried at the time of the injury, sixty percent
of his or her wages but not less than one hundred eighty-five
dollars per month.
(h) If unmarried with one child at the time of injury,
sixty-two percent of his or her wages but not less than two
hundred twenty-two dollars per month.
(i) If unmarried with two children at the time of injury,
sixty-four percent of his or her wages but not less than two
hundred fifty-three dollars per month.
(j) If unmarried with three children at the time of injury,
sixty-six percent of his or her wages but not less than two
hundred seventy-six dollars per month.
(k) If unmarried with four children at the time of injury,
sixty-eight percent of his or her wages but not less than two
hundred ninety-nine dollars per month.
(l) If unmarried with five or more children at the time
of injury, seventy percent of his or her wages but not less
than three hundred twenty-two dollars per month.
(2) For any period of time where both husband and wife
are entitled to compensation as temporarily or totally
disabled workers, only that spouse having the higher wages
of the two shall be entitled to claim their child or children
for compensation purposes.
(2002 Ed.)
Compensation—Right to and Amount
(3) In case of permanent total disability, if the character
of the injury is such as to render the worker so physically
helpless as to require the hiring of the services of an
attendant, the department shall make monthly payments to
such attendant for such services as long as such requirement
continues, but such payments shall not obtain or be operative
while the worker is receiving care under or pursuant to the
provisions of chapter 51.36 RCW and RCW 51.04.105.
(4) Should any further accident result in the permanent
total disability of an injured worker, he or she shall receive
the pension to which he or she would be entitled, notwithstanding the payment of a lump sum for his or her prior
injury.
(5) In no event shall the monthly payments provided in
this section exceed the applicable percentage of the average
monthly wage in the state as computed under the provisions
of RCW 51.08.018 as follows:
AFTER
June
June
June
June
30,
30,
30,
30,
1993
1994
1995
1996
PERCENTAGE
105%
110%
115%
120%
The limitations under this subsection shall not apply to
the payments provided for in subsection (3) of this section.
(6) In the case of new or reopened claims, if the
supervisor of industrial insurance determines that, at the time
of filing or reopening, the worker is voluntarily retired and
is no longer attached to the work force, benefits shall not be
paid under this section.
(7) The benefits provided by this section are subject to
modification under RCW 51.32.067. [1993 c 521 § 2; 1988
c 161 § 1. Prior: 1986 c 59 § 1; 1986 c 58 § 5; 1983 c 3
§ 159; 1977 ex.s. c 350 § 44; 1975 1st ex.s. c 224 § 9; 1973
c 147 § 1; 1972 ex.s. c 43 § 20; 1971 ex.s. c 289 § 8; 1965
ex.s. c 122 § 2; 1961 c 274 § 2; 1961 c 23 § 51.32.060;
prior: 1957 c 70 § 31; 1951 c 115 § 2; prior: 1949 c 219
§ 1, part; 1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927
c 310 § 4, part; 1923 c 136 § 2, part; 1919 c 131 § 4, part;
1917 c 28 § 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5,
part; Rem. Supp. 1949 § 7679, part.]
Effective date—1993 c 521: See note following RCW 51.32.050.
Benefit increases—Application to certain retrospective rating
agreements—Effective dates—1988 c 161: See notes following RCW
51.32.050.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.32.067 Permanent total disability—Death benefit
options—Election. (1) After a worker elects one of the
options in (a), (b), or (c) of this subsection, that option shall
apply only if the worker dies during a period of permanent
total disability from a cause unrelated to the injury, leaving
a surviving spouse, child, children, or other dependent. If,
after making an election under this subsection, a worker dies
from a cause related to the injury during a period of permanent total disability, his or her beneficiaries shall receive
benefits under RCW 51.32.050 (2) through (5).
(a) Option I. An injured worker selecting this option
shall receive the benefits provided by RCW 51.32.060, with
(2002 Ed.)
51.32.060
no benefits being paid to the worker’s surviving spouse,
children, or others.
(b) Option II. An injured worker selecting this option
shall receive an actuarially reduced benefit which upon death
shall be continued throughout the life of and paid to the
surviving spouse, child, or other dependent as the worker has
nominated by written designation duly executed and filed
with the department.
(c) Option III. An injured worker selecting this option
shall receive an actuarially reduced benefit and, upon death,
one-half of the reduced benefit shall be continued throughout
the life of and paid to the surviving spouse, child, or other
dependent as the worker has nominated by written designation duly executed and filed with the department.
(2) The worker shall make the election in writing and
the worker’s spouse, if any, shall consent in writing as a
prerequisite to the election of Option I.
(3) The department shall adopt such rules as may be
necessary to implement this section. [1986 c 58 § 4.]
51.32.072 Additional payments for prior pensioners—Children—Remarriage—Attendant. Notwithstanding
any other provision of law, every surviving spouse and every
permanently totally disabled worker or temporarily totally
disabled worker, if such worker was unmarried at the time
of the worker’s injury or was then married but the marriage
was later terminated by judicial action, receiving a pension
or compensation for temporary total disability under this title
pursuant to compensation schedules in effect prior to July 1,
1971, shall after July 1, 1975, be paid fifty percent of the
average monthly wage in the state as computed under RCW
51.08.018 per month and an amount equal to five percent of
such average monthly wage per month to such totally
disabled worker if married at the time of the worker’s injury
and the marriage was not later terminated by judicial action,
and an additional two percent of such average monthly wage
for each child of such totally disabled worker at the time of
injury in the legal custody of such totally disabled worker or
such surviving spouse up to a maximum of five such
children. The monthly payments such surviving spouse or
totally disabled worker are receiving pursuant to compensation schedules in effect prior to July 1, 1971 shall be
deducted from the monthly payments above specified.
Where such a surviving spouse has remarried, or where
any such child of such worker, whether living or deceased,
is not in the legal custody of such worker or such surviving
spouse there shall be paid for the benefit of and on account
of each such child a sum equal to two percent of such average monthly wage up to a maximum of five such children in
addition to any payments theretofore paid under compensation schedules in effect prior to July 1, 1971 for the benefit
of and on account of each such child. In the case of any
child or children of a deceased worker not leaving a surviving spouse or where the surviving spouse has later died,
there shall be paid for the benefit of and on account of each
such child a sum equal to two percent of such average
monthly wage up to a maximum of five such children in
addition to any payments theretofore paid under such schedules for the benefit of and on account of each such child.
If the character of the injury or occupational disease is
such as to render the worker so physically helpless as to
[Title 51 RCW—page 41]
51.32.072
Title 51 RCW: Industrial Insurance
require the hiring of the services of an attendant, the
department shall make monthly payments to such attendant
for such services as long as such requirement continues but
such payments shall not obtain or be operative while the
worker is receiving care under or pursuant to the provisions
of this title except for care granted at the discretion of the
supervisor pursuant to RCW 51.36.010: PROVIDED, That
such payments shall not be considered compensation nor
shall they be subject to any limitation upon total compensation payments.
No part of such additional payments shall be payable
from the accident fund.
The director shall pay monthly from the supplemental
pension fund such an amount as will, when added to the
compensation theretofore paid under compensation schedules
in effect prior to July 1, 1971, equal the amounts hereinabove specified.
In cases where money has been or shall be advanced to
any such person from the pension reserve, the additional
amount to be paid under this section shall be reduced by the
amount of monthly pension which was or is predicated upon
such advanced portion of the pension reserve. [1987 c 185
§ 34; 1975 1st ex.s. c 224 § 12.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.32.073 Additional payments for prior pensioners—Premium liability of worker and employer for
additional payments. (1) Except as provided in subsection
(2) of this section, each employer shall retain from the
earnings of each worker that amount as shall be fixed from
time to time by the director, the basis for measuring said
amount to be determined by the director. The money so
retained shall be matched in an equal amount by each
employer, and all such moneys shall be remitted to the
department in such manner and at such intervals as the
department directs and shall be placed in the supplemental
pension fund: PROVIDED, That the state apprenticeship
council shall pay the entire amount into the supplemental
pension fund for registered apprentices or trainees during
their participation in supplemental and related instruction
classes. The moneys so collected shall be used exclusively
for the additional payments from the supplemental pension
fund prescribed in this title and for the amount of any
increase payable under the provisions of RCW 51.32.075, as
now or hereafter amended, and shall be no more than
necessary to make such payments on a current basis. The
department may require a self-insurer to make any additional
payments which are payable from the supplemental pension
fund and thereafter such self-insurer shall be reimbursed
therefrom.
(2) None of the amount assessed for the supplemental
pension fund under RCW 51.16.210 may be retained from
the earnings of workers covered under RCW 51.16.210.
[1989 c 385 § 4; 1980 c 14 § 9. Prior: 1977 ex.s. c 350 §
45; 1977 ex.s. c 323 § 15; 1977 ex.s. c 202 § 1; 1975-’76
2nd ex.s. c 19 § 1; prior: 1975 1st ex.s. c 286 § 1; 1975 1st
ex.s. c 224 § 10; 1973 c 110 § 3; 1972 ex.s. c 43 § 24; 1971
ex.s. c 289 § 17.]
[Title 51 RCW—page 42]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.32.075 Adjustments in compensation or death
benefits. The compensation or death benefits payable
pursuant to the provisions of this chapter for temporary total
disability, permanent total disability, or death arising out of
injuries or occupational diseases shall be adjusted as follows:
(1) On July 1, 1982, there shall be an adjustment for
those whose right to compensation was established on or
after July 1, 1971, and before July 1, 1982. The adjustment
shall be determined by multiplying the amount of compensation to which they are entitled by a fraction, the denominator
of which shall be the average monthly wage in the state
under RCW 51.08.018 for the fiscal year in which such
person’s right to compensation was established, and the
numerator of which shall be the average monthly wage in
the state under RCW 51.08.018 on July 1, 1982.
(2) In addition to the adjustment established by subsection (1) of this section, there shall be another adjustment on
July 1, 1983, for those whose right to compensation was
established on or after July 1, 1971, and before July 1983,
which shall be determined by multiplying the amount of
compensation to which they are entitled by a fraction, the
denominator of which shall be the average monthly wage in
the state under RCW 51.08.018 for the fiscal year in which
such person’s right to compensation was established, and the
numerator of which shall be the average monthly wage in
the state under RCW 51.08.018 on July 1, 1983.
(3) In addition to the adjustments under subsections (1)
and (2) of this section, further adjustments shall be made
beginning on July 1, 1984, and on each July 1st thereafter
for those whose right to compensation was established on or
after July 1, 1971. The adjustment shall be determined by
multiplying the amount of compensation to which they are
entitled by a fraction, the denominator of which shall be the
average monthly wage in the state under RCW 51.08.018 for
the fiscal year in which such person’s right to compensation
was established, and the numerator of which shall be the
average monthly wage in the state under RCW 51.08.018 on
July 1st of the year in which the adjustment is being made.
The department or self-insurer shall adjust the resulting
compensation rate to the nearest whole cent, not to exceed
the average monthly wage in the state as computed under
RCW 51.08.018. [1988 c 161 § 7; 1983 c 203 § 1; 1982 1st
ex.s. c 20 § 1; 1979 c 108 § 1; 1977 ex.s. c 202 § 2; 1975
1st ex.s. c 286 § 2.]
Effective date—1982 1st ex.s. c 20: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect July 1, 1982." [1982 1st ex.s. c 20 § 4.]
51.32.080 Permanent partial disability—Specified—
Unspecified, rules for classification—Injury after permanent partial disability. (1)(a) Until July 1, 1993, for the
permanent partial disabilities here specifically described, the
injured worker shall receive compensation as follows:
(2002 Ed.)
Compensation—Right to and Amount
MISCELLANEOUS
LOSS BY AMPUTATION
Of leg above the knee joint with short thigh
stump (3" or less below the tuberosity of ischium) . . . . . . . .
Of leg at or above knee joint with functional
stump . . . . . . . . . . . . . . . . . .
Of leg below knee joint . . . . . . . . . . . . . . .
Of leg at ankle (Syme) . . . . . . . . . . . . . . . .
Of foot at mid-metatarsals . . . . . . . . . . . . . .
Of great toe with resection of metatarsal
bone . . . . . . . . . . . . . . . . . . .
Of great toe at metatarsophalangeal joint . . .
Of great toe at interphalangeal joint . . . . . . .
Of lesser toe (2nd to 5th) with resection of
metatarsal bone . . . . . . . . . . .
Of lesser toe at metatarsophalangeal joint . . .
Of lesser toe at proximal interphalangeal
joint . . . . . . . . . . . . . . . . . . .
Of lesser toe at distal interphalangeal joint . .
Of arm at or above the deltoid insertion or by
disarticulation at the shoulder . .
Of arm at any point from below the deltoid
insertion to below the elbow
joint at the insertion of the biceps tendon . . . . . . . . . . . . . .
Of arm at any point from below the elbow
joint distal to the insertion of the
biceps tendon to and including
mid-metacarpal amputation of
the hand . . . . . . . . . . . . . . . .
Of all fingers except the thumb at metacarpophalangeal joints . . . . . . . . . . .
Of thumb at metacarpophalangeal joint or
with resection of carpometacarpal bone . . . . . . . . . . . . . .
Of thumb at interphalangeal joint . . . . . . . . .
Of index finger at metacarpophalangeal joint
or with resection of metacarpal
bone . . . . . . . . . . . . . . . . . . .
Of index finger at proximal interphalangeal
joint . . . . . . . . . . . . . . . . . . .
Of index finger at distal interphalangeal joint
Of middle finger at metacarpophalangeal joint
or with resection of metacarpal
bone . . . . . . . . . . . . . . . . . . .
Of middle finger at proximal interphalangeal
joint . . . . . . . . . . . . . . . . . . .
Of middle finger at distal interphalangeal
joint . . . . . . . . . . . . . . . . . . .
Of ring finger at metacarpophalangeal joint or
with resection of metacarpal
bone . . . . . . . . . . . . . . . . . . .
Of ring finger at proximal interphalangeal
joint . . . . . . . . . . . . . . . . . . .
Of ring finger at distal interphalangeal joint .
Of little finger at metacarpophalangeal joint or
with resection of metacarpal
bone . . . . . . . . . . . . . . . . . . .
Of little finger at proximal interphalangeal
joint . . . . . . . . . . . . . . . . . . .
Of little finger at distal interphalangeal joint .
(2002 Ed.)
51.32.080
$54,000.00
.
.
.
.
48,600.00
43,200.00
37,800.00
18,900.00
. 11,340.00
. 6,804.00
. 3,600.00
.
.
4,140.00
2,016.00
.
.
1,494.00
378.00
. 54,000.00
. 51,300.00
. 48,600.00
. 29,160.00
. 19,440.00
. 9,720.00
. 12,150.00
.
.
9,720.00
5,346.00
.
9,720.00
.
7,776.00
.
4,374.00
.
4,860.00
.
.
3,888.00
2,430.00
.
2,430.00
.
.
1,944.00
972.00
Loss of one eye by enucleation . . . . . .
Loss of central visual acuity in one eye
Complete loss of hearing in both ears . .
Complete loss of hearing in one ear . . .
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
. 21,600.00
. 18,000.00
. 43,200.00
. 7,200.00
(b) Beginning on July 1, 1993, compensation under this
subsection shall be computed as follows:
(i) Beginning on July 1, 1993, the compensation
amounts for the specified disabilities listed in (a) of this
subsection shall be increased by thirty-two percent; and
(ii) Beginning on July 1, 1994, and each July 1 thereafter, the compensation amounts for the specified disabilities
listed in (a) of this subsection, as adjusted under (b)(i) of
this subsection, shall be readjusted to reflect the percentage
change in the consumer price index, calculated as follows:
The index for the calendar year preceding the year in which
the July calculation is made, to be known as "calendar year
A," is divided by the index for the calendar year preceding
calendar year A, and the resulting ratio is multiplied by the
compensation amount in effect on June 30 immediately preceding the July 1st on which the respective calculation is
made. For the purposes of this subsection, "index" means
the same as the definition in RCW 2.12.037(1).
(2) Compensation for amputation of a member or part
thereof at a site other than those specified in subsection (1)
of this section, and for loss of central visual acuity and loss
of hearing other than complete, shall be in proportion to that
which such other amputation or partial loss of visual acuity
or hearing most closely resembles and approximates. Compensation shall be calculated based on the adjusted schedule
of compensation in effect for the respective time period as
prescribed in subsection (1) of this section.
(3)(a) Compensation for any other permanent partial
disability not involving amputation shall be in the proportion
which the extent of such other disability, called unspecified
disability, shall bear to the disabilities specified in subsection
(1) of this section, which most closely resembles and
approximates in degree of disability such other disability,
and compensation for any other unspecified permanent
partial disability shall be in an amount as measured and
compared to total bodily impairment. To reduce litigation
and establish more certainty and uniformity in the rating of
unspecified permanent partial disabilities, the department
shall enact rules having the force of law classifying such
disabilities in the proportion which the department shall
determine such disabilities reasonably bear to total bodily
impairment. In enacting such rules, the department shall
give consideration to, but need not necessarily adopt, any
nationally recognized medical standards or guides for
determining various bodily impairments.
(b) Until July 1, 1993, for purposes of calculating
monetary benefits under (a) of this subsection, the amount
payable for total bodily impairment shall be deemed to be
ninety thousand dollars. Beginning on July 1, 1993, for
purposes of calculating monetary benefits under (a) of this
subsection, the amount payable for total bodily impairment
shall be adjusted as follows:
(i) Beginning on July 1, 1993, the amount payable for
total bodily impairment under this section shall be increased
to one hundred eighteen thousand eight hundred dollars; and
[Title 51 RCW—page 43]
51.32.080
Title 51 RCW: Industrial Insurance
(ii) Beginning on July 1, 1994, and each July 1 thereafter, the amount payable for total bodily impairment prescribed in (b)(i) of this subsection shall be adjusted as
provided in subsection (1)(b)(ii) of this section.
(c) Until July 1, 1993, the total compensation for all
unspecified permanent partial disabilities resulting from the
same injury shall not exceed the sum of ninety thousand
dollars. Beginning on July 1, 1993, total compensation for
all unspecified permanent partial disabilities resulting from
the same injury shall not exceed a sum calculated as follows:
(i) Beginning on July 1, 1993, the sum shall be increased to one hundred eighteen thousand eight hundred
dollars; and
(ii) Beginning on July 1, 1994, and each July 1 thereafter, the sum prescribed in (b)(i) of this subsection shall be
adjusted as provided in subsection (1)(b)(ii) of this section.
(4) If permanent partial disability compensation is
followed by permanent total disability compensation, any
portion of the permanent partial disability compensation
which exceeds the amount that would have been paid the
injured worker if permanent total disability compensation
had been paid in the first instance, shall be deducted from
the pension reserve of such injured worker and his or her
monthly compensation payments shall be reduced accordingly.
(5) Should a worker receive an injury to a member or
part of his or her body already, from whatever cause,
permanently partially disabled, resulting in the amputation
thereof or in an aggravation or increase in such permanent
partial disability but not resulting in the permanent total
disability of such worker, his or her compensation for such
partial disability shall be adjudged with regard to the previous disability of the injured member or part and the degree
or extent of the aggravation or increase of disability thereof.
(6) When the compensation provided for in subsections
(1) through (3) of this section exceeds three times the
average monthly wage in the state as computed under the
provisions of RCW 51.08.018, payment shall be made in
monthly payments in accordance with the schedule of
temporary total disability payments set forth in RCW
51.32.090 until such compensation is paid to the injured
worker in full, except that the first monthly payment shall be
in an amount equal to three times the average monthly wage
in the state as computed under the provisions of RCW
51.08.018, and interest shall be paid at the rate of eight
percent on the unpaid balance of such compensation commencing with the second monthly payment. However, upon
application of the injured worker or survivor the monthly
payment may be converted, in whole or in part, into a lump
sum payment, in which event the monthly payment shall
cease in whole or in part. Such conversion may be made
only upon written application of the injured worker or
survivor to the department and shall rest in the discretion of
the department depending upon the merits of each individual
application. Upon the death of a worker all unpaid installments accrued shall be paid according to the payment
schedule established prior to the death of the worker to the
widow or widower, or if there is no widow or widower
surviving, to the dependent children of such claimant, and if
there are no such dependent children, then to such other
dependents as defined by this title.
[Title 51 RCW—page 44]
(7) Awards payable under this section are governed by
the schedule in effect on the date of injury. [1993 c 520 §
1; 1988 c 161 § 6; 1986 c 58 § 2; 1982 1st ex.s. c 20 § 2;
1979 c 104 § 1; 1977 ex.s. c 350 § 46; 1972 ex.s. c 43 § 21;
1971 ex.s. c 289 § 10; 1965 ex.s. c 165 § 1; 1961 c 274 §
3; 1961 c 23 § 51.32.080. Prior: 1957 c 70 § 32; prior:
1951 c 115 § 4; 1949 c 219 § 1, part; 1947 c 246 § 1, part;
1929 c 132 § 2, part; 1927 c 310 § 4, part; 1923 c 136 § 2,
part; 1919 c 131 § 4, part; 1917 c 28 § 1, part; 1913 c 148
§ 1, part; 1911 c 74 § 5, part; Rem. Supp. 1949 § 7679,
part.]
Effective date—1993 c 520: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 18, 1993]." [1993 c 520 § 2.]
Effective dates—1988 c 161: See note following RCW 51.32.050.
Effective date—1986 c 58 §§ 2, 3: "Sections 2 and 3 of this act shall
take effect on July 1, 1986." [1986 c 58 § 7.]
Effective date—1982 1st ex.s. c 20: See note following RCW
51.32.075.
51.32.090 Temporary total disability—Partial
restoration of earning power—Return to available
work—When employer continues wages—Limitations.
(1) When the total disability is only temporary, the schedule
of payments contained in RCW 51.32.060 (1) and (2) shall
apply, so long as the total disability continues.
(2) Any compensation payable under this section for
children not in the custody of the injured worker as of the
date of injury shall be payable only to such person as
actually is providing the support for such child or children
pursuant to the order of a court of record providing for
support of such child or children.
(3)(a) As soon as recovery is so complete that the
present earning power of the worker, at any kind of work, is
restored to that existing at the time of the occurrence of the
injury, the payments shall cease. If and so long as the
present earning power is only partially restored, the payments shall:
(i) For claims for injuries that occurred before May 7,
1993, continue in the proportion which the new earning
power shall bear to the old; or
(ii) For claims for injuries occurring on or after May 7,
1993, equal eighty percent of the actual difference between
the worker’s present wages and earning power at the time of
injury, but: (A) The total of these payments and the
worker’s present wages may not exceed one hundred fifty
percent of the average monthly wage in the state as computed under RCW 51.08.018; (B) the payments may not exceed
one hundred percent of the entitlement as computed under
subsection (1) of this section; and (C) the payments may not
be less than the worker would have received if (a)(i) of this
subsection had been applicable to the worker’s claim.
(b) No compensation shall be payable under this
subsection (3) unless the loss of earning power shall exceed
five percent.
(4)(a) Whenever the employer of injury requests that a
worker who is entitled to temporary total disability under
this chapter be certified by a physician as able to perform
available work other than his or her usual work, the employer shall furnish to the physician, with a copy to the worker,
a statement describing the work available with the employer
(2002 Ed.)
Compensation—Right to and Amount
of injury in terms that will enable the physician to relate the
physical activities of the job to the worker’s disability. The
physician shall then determine whether the worker is
physically able to perform the work described. The worker’s
temporary total disability payments shall continue until the
worker is released by his or her physician for the work, and
begins the work with the employer of injury. If the work
thereafter comes to an end before the worker’s recovery is
sufficient in the judgment of his or her physician to permit
him or her to return to his or her usual job, or to perform
other available work offered by the employer of injury, the
worker’s temporary total disability payments shall be
resumed. Should the available work described, once undertaken by the worker, impede his or her recovery to the
extent that in the judgment of his or her physician he or she
should not continue to work, the worker’s temporary total
disability payments shall be resumed when the worker ceases
such work.
(b) Once the worker returns to work under the terms of
this subsection (4), he or she shall not be assigned by the
employer to work other than the available work described
without the worker’s written consent, or without prior review
and approval by the worker’s physician.
(c) If the worker returns to work under this subsection
(4), any employee health and welfare benefits that the
worker was receiving at the time of injury shall continue or
be resumed at the level provided at the time of injury. Such
benefits shall not be continued or resumed if to do so is
inconsistent with the terms of the benefit program, or with
the terms of the collective bargaining agreement currently in
force.
(d) In the event of any dispute as to the worker’s ability
to perform the available work offered by the employer, the
department shall make the final determination.
(5) No worker shall receive compensation for or during
the day on which injury was received or the three days
following the same, unless his or her disability shall continue
for a period of fourteen consecutive calendar days from date
of injury: PROVIDED, That attempts to return to work in
the first fourteen days following the injury shall not serve to
break the continuity of the period of disability if the disability continues fourteen days after the injury occurs.
(6) Should a worker suffer a temporary total disability
and should his or her employer at the time of the injury
continue to pay him or her the wages which he or she was
earning at the time of such injury, such injured worker shall
not receive any payment provided in subsection (1) of this
section during the period his or her employer shall so pay
such wages.
(7) In no event shall the monthly payments provided in
this section exceed the applicable percentage of the average
monthly wage in the state as computed under the provisions
of RCW 51.08.018 as follows:
AFTER
June
June
June
June
30,
30,
30,
30,
1993
1994
1995
1996
PERCENTAGE
105%
110%
115%
120%
(8) If the supervisor of industrial insurance determines
that the worker is voluntarily retired and is no longer
(2002 Ed.)
51.32.090
attached to the work force, benefits shall not be paid under
this section. [1993 c 521 § 3; 1993 c 299 § 1; 1993 c 271
§ 1; 1988 c 161 § 4. Prior: 1988 c 161 § 3; 1986 c 59 § 3;
1986 c 59 § 2; prior: 1985 c 462 § 6; 1980 c 129 § 1; 1977
ex.s. c 350 § 47; 1975 1st ex.s. c 235 § 1; 1972 ex.s. c 43
§ 22; 1971 ex.s. c 289 § 11; 1965 ex.s. c 122 § 3; 1961 c
274 § 4; 1961 c 23 § 51.32.090; prior: 1957 c 70 § 33;
1955 c 74 § 8; prior: 1951 c 115 § 3; 1949 c 219 § 1, part;
1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927 c 310 § 4,
part; 1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28
§ 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem.
Supp. 1949 § 7679, part.]
Reviser’s note: This section was amended by 1993 c 271 § 1, 1993
c 299 § 1, and by 1993 c 521 § 3, each without reference to the other. All
amendments are incorporated in the publication of this section pursuant to
RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—1993 c 521: See note following RCW 51.32.050.
Effective date—1993 c 299: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 299 § 2.]
Effective date—1993 c 271: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 7, 1993]." [1993 c 271 § 2.]
Benefit increases—Application to certain retrospective rating
agreements—Effective dates—1988 c 161: See notes following RCW
51.32.050.
Expiration date—1986 c 59 § 2; Effective dates—1986 c 59 §§ 3,
5: "Section 2 of this act shall expire on June 30, 1989. Section 3 of this
act shall take effect on June 30, 1989. Section 5 of this act shall take effect
on July 1, 1986." [1986 c 59 § 6.]
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
51.32.095 Vocational rehabilitation services—
Benefits—Priorities—Allowable costs—Performance
criteria. (1) One of the primary purposes of this title is to
enable the injured worker to become employable at gainful
employment. To this end, the department or self-insurers
shall utilize the services of individuals and organizations,
public or private, whose experience, training, and interests in
vocational rehabilitation and retraining qualify them to lend
expert assistance to the supervisor of industrial insurance in
such programs of vocational rehabilitation as may be
reasonable to make the worker employable consistent with
his or her physical and mental status. Where, after evaluation and recommendation by such individuals or organizations and prior to final evaluation of the worker’s permanent
disability and in the sole opinion of the supervisor or
supervisor’s designee, whether or not medical treatment has
been concluded, vocational rehabilitation is both necessary
and likely to enable the injured worker to become employable at gainful employment, the supervisor or supervisor’s
designee may, in his or her sole discretion, pay or, if the
employer is a self-insurer, direct the self-insurer to pay the
cost as provided in subsection (3) of this section.
(2) When in the sole discretion of the supervisor or the
supervisor’s designee vocational rehabilitation is both
necessary and likely to make the worker employable at
gainful employment, then the following order of priorities
shall be used:
(a) Return to the previous job with the same employer;
[Title 51 RCW—page 45]
51.32.095
Title 51 RCW: Industrial Insurance
(b) Modification of the previous job with the same
employer including transitional return to work;
(c) A new job with the same employer in keeping with
any limitations or restrictions;
(d) Modification of a new job with the same employer
including transitional return to work;
(e) Modification of the previous job with a new employer;
(f) A new job with a new employer or self-employment
based upon transferable skills;
(g) Modification of a new job with a new employer;
(h) A new job with a new employer or self-employment
involving on-the-job training;
(i) Short-term retraining and job placement.
(3)(a) Except as provided in (b) of this subsection, costs
for vocational rehabilitation benefits allowed by the supervisor or supervisor’s designee under subsection (1) of this
section may include the cost of books, tuition, fees, supplies,
equipment, transportation, child or dependent care, and other
necessary expenses for any such worker in an amount not to
exceed three thousand dollars in any fifty-two week period
except as authorized by *RCW 51.60.060, and the cost of
continuing the temporary total disability compensation under
RCW 51.32.090 while the worker is actively and successfully undergoing a formal program of vocational rehabilitation.
(b) Beginning with vocational rehabilitation plans
approved on or after July 1, 1999, costs for vocational
rehabilitation benefits allowed by the supervisor or
supervisor’s designee under subsection (1) of this section
may include the cost of books, tuition, fees, supplies,
equipment, child or dependent care, and other necessary
expenses for any such worker in an amount not to exceed
four thousand dollars in any fifty-two week period except as
authorized by *RCW 51.60.060, and the cost of transportation and continuing the temporary total disability compensation under RCW 51.32.090 while the worker is actively and
successfully undergoing a formal program of vocational
rehabilitation.
(c) The expenses allowed under (a) or (b) of this
subsection may include training fees for on-the-job training
and the cost of furnishing tools and other equipment necessary for self-employment or reemployment. However,
compensation or payment of retraining with job placement
expenses under (a) or (b) of this subsection may not be
authorized for a period of more than fifty-two weeks, except
that such period may, in the sole discretion of the supervisor
after his or her review, be extended for an additional fiftytwo weeks or portion thereof by written order of the supervisor.
(d) In cases where the worker is required to reside away
from his or her customary residence, the reasonable cost of
board and lodging shall also be paid.
(e) Costs paid under this subsection shall be chargeable
to the employer’s cost experience or shall be paid by the
self-insurer as the case may be.
(4) In addition to the vocational rehabilitation expenditures provided for under subsection (3) of this section, an
additional five thousand dollars may, upon authorization of
the supervisor or the supervisor’s designee, be expended for:
(a) Accommodations for an injured worker that are medically
necessary for the worker to participate in an approved
retraining plan; and (b) accommodations necessary to
[Title 51 RCW—page 46]
perform the essential functions of an occupation in which an
injured worker is seeking employment, consistent with the
retraining plan or the recommendations of a vocational
evaluation. The injured worker’s attending physician must
verify the necessity of the modifications or accommodations.
The total expenditures authorized in this subsection and the
expenditures authorized under RCW 51.32.250 shall not
exceed five thousand dollars.
(5) The department shall establish criteria to monitor the
quality and effectiveness of rehabilitation services provided
by the individuals and organizations used under subsection
(1) of this section. The state fund shall make referrals for
vocational rehabilitation services based on these performance
criteria.
(6) The department shall engage in, where feasible and
cost-effective, a cooperative program with the state employment security department to provide job placement services
under this section.
(7) The benefits in this section shall be provided for the
injured workers of self-insured employers. Self-insurers
shall report both benefits provided and benefits denied under
this section in the manner prescribed by the department by
rule adopted under chapter 34.05 RCW. The director may,
in his or her sole discretion and upon his or her own
initiative or at any time that a dispute arises under this
section, promptly make such inquiries as circumstances
require and take such other action as he or she considers will
properly determine the matter and protect the rights of the
parties.
(8) Except as otherwise provided in this section, the
benefits provided for in this section are available to any
otherwise eligible worker regardless of the date of industrial
injury. However, claims shall not be reopened solely for
vocational rehabilitation purposes. [1999 c 110 § 1. Prior:
1996 c 151 § 1; 1996 c 59 § 1; 1988 c 161 § 9; 1985 c 339
§ 2; 1983 c 70 § 2; 1982 c 63 § 11; 1980 c 14 § 10. Prior:
1977 ex.s. c 350 § 48; 1977 ex.s. c 323 § 16; 1972 ex.s. c
43 § 23; 1971 ex.s. c 289 § 12.]
*Reviser’s note: RCW 51.60.060 expired June 30, 1999, pursuant to
1994 c 29 § 8.
Effective date—1999 c 110 § 1: "Section 1 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and takes
effect July 1, 1999." [1999 c 110 § 3.]
Legislative finding—1985 c 339: "The legislature finds that the
vocational rehabilitation program created by chapter 63, Laws of 1982, has
failed to assist injured workers to return to suitable gainful employment
without undue loss of time from work and has increased costs of industrial
insurance for employers and employees alike. The legislature further finds
that the administrative structure established within the industrial insurance
division of the department of labor and industries to develop and oversee
the provision of vocational rehabilitation services has not provided efficient
delivery of vocational rehabilitation services. The legislature finds that
restructuring the state’s vocational rehabilitation program under the
department of labor and industries is necessary." [1985 c 339 § 1.]
Severability—1985 c 339: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 339 § 6.]
Severability—1983 c 70: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1983 c 70 § 5.]
Effective dates—Implementation—1982 c 63: "Section 4 of this act
is necessary for the immediate preservation of the public peace, health, and
(2002 Ed.)
Compensation—Right to and Amount
safety, the support of the state government and its existing public institutions, and shall take effect immediately [March 26, 1982]. All other
sections of this act shall take effect on January 1, 1983. The director of the
department of labor and industries is authorized to immediately take such
steps as are necessary to insure that this act is implemented on its effective
dates." [1982 c 63 § 26.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.32.098 Vocational rehabilitation services—
Applicability. Nothing in RCW 51.32.095 or in the repeal
of chapter 51.41 RCW by section 5, chapter 339, Laws of
1985 shall be construed as prohibiting the completion of
vocational rehabilitation plans approved under this title prior
to May 16, 1985. Injured workers referred for vocational
rehabilitation services under this title, but for whom vocational rehabilitation plans have not been approved by the department under this title before May 16, 1985, may only be
provided vocational rehabilitation services, if applicable, by
the department according to the provisions of RCW
51.32.095. [1985 c 339 § 4.]
Legislative finding—Severability—1985 c 339: See notes following
RCW 51.32.095.
51.32.100 Preexisting disease. If it is determined that
an injured worker had, at the time of his or her injury, a
preexisting disease and that such disease delays or prevents
complete recovery from such injury, it shall be ascertained,
as nearly as possible, the period over which the injury would
have caused disability were it not for the diseased condition
and the extent of permanent partial disability which the
injury would have caused were it not for the disease, and
compensation shall be awarded only therefor. [1977 ex.s. c
350 § 49; 1971 ex.s. c 289 § 44; 1961 c 23 § 51.32.100.
Prior: 1957 c 70 § 34; prior: 1949 c 219 § 1, part; 1947 c
246 § 1, part; 1929 c 132 § 2, part; 1927 c 310 § 4, part;
1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28 § 1,
part; 1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp.
1949 § 7679, part.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.32.110 Medical examination—Refusal to submit—Traveling expenses—Pay for time lost. (1) Any
worker entitled to receive any benefits or claiming such
under this title shall, if requested by the department or selfinsurer, submit himself or herself for medical examination,
at a time and from time to time, at a place reasonably
convenient for the worker and as may be provided by the
rules of the department. An injured worker, whether an
alien or other injured worker, who is not residing in the
United States at the time that a medical examination is
requested may be required to submit to an examination at
any location in the United States determined by the department or self-insurer.
(2) If the worker refuses to submit to medical examination, or obstructs the same, or, if any injured worker shall
persist in unsanitary or injurious practices which tend to
imperil or retard his or her recovery, or shall refuse to
submit to such medical or surgical treatment as is reasonably
essential to his or her recovery or refuse or obstruct evaluation or examination for the purpose of vocational rehabilita(2002 Ed.)
51.32.095
tion or does not cooperate in reasonable efforts at such
rehabilitation, the department or the self-insurer upon approval by the department, with notice to the worker may
suspend any further action on any claim of such worker so
long as such refusal, obstruction, noncooperation, or practice
continues and reduce, suspend, or deny any compensation for
such period: PROVIDED, That the department or the selfinsurer shall not suspend any further action on any claim of
a worker or reduce, suspend, or deny any compensation if a
worker has good cause for refusing to submit to or to
obstruct any examination, evaluation, treatment or practice
requested by the department or required under this section.
(3) If the worker necessarily incurs traveling expenses
in attending the examination pursuant to the request of the
department, such traveling expenses shall be repaid to him
or her out of the accident fund upon proper voucher and
audit or shall be repaid by the self-insurer, as the case may
be.
(4)(a) If the medical examination required by this
section causes the worker to be absent from his or her work
without pay:
(i) In the case of a worker insured by the department,
the worker shall be paid compensation out of the accident
fund in an amount equal to his or her usual wages for the
time lost from work while attending the medical examination; or
(ii) In the case of a worker of a self-insurer, the selfinsurer shall pay the worker an amount equal to his or her
usual wages for the time lost from work while attending the
medical examination.
(b) This subsection (4) shall apply prospectively to all
claims regardless of the date of injury. [1997 c 325 § 3;
1993 c 375 § 1; 1980 c 14 § 11. Prior: 1977 ex.s. c 350 §
50; 1977 ex.s. c 323 § 17; 1971 ex.s. c 289 § 13; 1961 c 23
§ 51.32.110; prior: 1917 c 28 § 18; 1915 c 188 § 5; 1911
c 74 § 13; RRS § 7688.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.32.112 Medical examination—Standards and
criteria—Special examinations by chiropractors—
Compensation guidelines and reporting criteria. (1) The
department shall develop standards for the conduct of special
medical examinations to determine permanent disabilities,
including, but not limited to:
(a) The qualifications of persons conducting the examinations;
(b) The criteria for conducting the examinations,
including guidelines for the appropriate treatment of injured
workers during the examination; and
(c) The content of examination reports.
(2) Within the appropriate scope of practice, chiropractors licensed under chapter 18.25 RCW may conduct special
medical examinations to determine permanent disabilities in
consultation with physicians licensed under chapter 18.57 or
18.71 RCW. The department, in its discretion, may request
that a special medical examination be conducted by a single
chiropractor if the department determines that the sole issues
involved in the examination are within the scope of practice
under chapter 18.25 RCW. However, nothing in this section
[Title 51 RCW—page 47]
51.32.112
Title 51 RCW: Industrial Insurance
authorizes the use as evidence before the board of a
chiropractor’s determination of the extent of a worker’s
permanent disability if the determination is not requested by
the department.
(3) The department shall investigate the amount of
examination fees received by persons conducting special
medical examinations to determine permanent disabilities,
including total compensation received for examinations of
department and self-insured claimants, and establish compensation guidelines and compensation reporting criteria.
(4) The department shall investigate the level of
compliance of self-insurers with the requirement of full
reporting of claims information to the department, particularly with respect to medical examinations, and develop effective enforcement procedures or recommendations for
legislation if needed. [1993 c 515 § 4; 1988 c 114 § 2.]
Intent—1988 c 114: "It is the intent of the legislature that medical
examinations for determining permanent disabilities be conducted fairly and
objectively by qualified examiners and with respect for the dignity of the
injured worker." [1988 c 114 § 1.]
51.32.114 Medical examination—Department to
monitor quality and objectivity. The department shall
examine the credentials of persons conducting special
medical examinations and shall monitor the quality and
objectivity of examinations and reports for the department
and self-insured claimants. The department shall adopt rules
to ensure that examinations are performed only by qualified
persons meeting department standards. [1988 c 114 § 3.]
Intent—1988 c 114: See note following RCW 51.32.112.
51.32.120 Further accident after lump sum payment. Should a further accident occur to a worker who has
been previously the recipient of a lump sum payment under
this title, his or her future compensation shall be adjusted
according to the other provisions of this chapter and with
regard to the combined effect of his or her injuries and his
or her past receipt of money under this title. [1977 ex.s. c
350 § 51; 1961 c 23 § 51.32.120. Prior: 1957 c 70 § 35;
prior: 1949 c 219 § 1, part; 1947 c 246 § 1, part; 1929 c
132 § 2, part; 1927 c 310 § 4, part; 1923 c 136 § 2, part;
1919 c 131 § 4, part; 1917 c 28 § 1, part; 1913 c 148 § 1,
part; 1911 c 74 § 5, part; Rem. Supp. 1949 § 7679, part.]
51.32.130 Lump sum for death or permanent total
disability. In case of death or permanent total disability, the
monthly payment provided may be converted, in whole or in
part, into a lump sum payment, not in any case to exceed
eight thousand five hundred dollars, equal or proportionate,
as the case may be, to the value of the annuity then remaining, to be fixed and certified by the state insurance commissioner, in which event the monthly payments shall cease in
whole or in part accordingly or proportionately. Such
conversion may be made only upon written application (in
case of minor children the application may be by either
parent) to the department and shall rest in the discretion of
the department. Within the rule aforesaid the amount and
value of the lump sum payment may be agreed upon
between the department and applicant. In the event any
payment shall be due to an alien residing in a foreign
country, the department may settle the same by making a
[Title 51 RCW—page 48]
lump sum payment in such amount as may be agreed to by
such alien, not to exceed fifty percent of the value of the
annuity then remaining.
Nothing herein shall preclude the department from
making, and authority is hereby given it to make, on its own
motion, lump sum payments equal or proportionate, as the
case may be, to the value of the annuity then remaining, in
full satisfaction of claims due to dependents. [1961 c 23 §
51.32.130. Prior: 1957 c 70 § 45; prior: 1941 c 209 § 2;
1929 c 132 § 3; 1927 c 310 § 6(i); 1917 c 29 § 22; 1911 c
74 § 7; Rem. Supp. 1941 § 7681.]
51.32.135 Closing of claim in pension cases—
Consent of spouse. In pension cases when a worker or
beneficiary closes his or her claim by full conversion to a
lump sum or in any other manner as provided in RCW
51.32.130 and 51.32.150, such action shall be conclusive and
effective to bar any subsequent application or claim relative
thereto by the worker or any beneficiary which would
otherwise exist had such person not elected to close the
claim: PROVIDED, The director may require the spouse of
such worker to consent in writing as a prerequisite to
conversion and/or the closing of such claim. [1977 ex.s. c
350 § 52; 1973 1st ex.s. c 154 § 98; 1961 c 23 § 51.32.135.
Prior: 1953 c 143 § 1.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
51.32.140 Nonresident alien beneficiary. Except as
otherwise provided by treaty or this title, whenever compensation is payable to a beneficiary who is an alien not
residing in the United States, the department or self-insurer,
as the case may be, shall pay the compensation to which a
resident beneficiary is entitled under this title. But if a
nonresident alien beneficiary is a citizen of a government
having a compensation law which excludes citizens of the
United States, either resident or nonresident, from partaking
of the benefit of such law in as favorable a degree as herein
extended to nonresident aliens, he or she shall receive no
compensation. No payment shall be made to any beneficiary
residing in any country with which the United States does
not maintain diplomatic relations when such payment is due.
[1997 c 325 § 5; 1971 ex.s. c 289 § 45; 1961 c 23 §
51.32.140. Prior: 1957 c 70 § 36; prior: 1947 c 56 § 1,
part; 1927 c 310 § 7, part; 1923 c 136 § 4, part; 1921 c 182
§ 6, part; 1919 c 131 § 6, part; 1911 c 74 § 10, part; Rem.
Supp. 1947 § 7684, part.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.32.150 Lump sum to beneficiary outside state.
If a beneficiary shall reside or move out of the state, the
department may, with the written consent of the beneficiary,
convert any monthly payments provided for such cases into
a lump sum payment (not in any case to exceed the value of
the annuity then remaining, to be fixed and certified by the
state insurance commissioner, but in no case to exceed the
sum provided in RCW 51.32.130 as now or hereafter
amended). [1977 ex.s. c 323 § 18; 1961 c 23 § 51.32.150.
Prior: 1959 c 308 § 5; 1957 c 70 § 37; prior: 1949 c 219
§ 1, part; 1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927
(2002 Ed.)
Compensation—Right to and Amount
c 310 § 4, part; 1923 c 136 § 2, part; 1919 c 131 § 4, part;
1917 c 28 § 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5,
part; Rem. Supp. 1949 § 7679, part.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.32.160 Aggravation, diminution, or termination.
(1)(a) If aggravation, diminution, or termination of disability
takes place, the director may, upon the application of the
beneficiary, made within seven years from the date the first
closing order becomes final, or at any time upon his or her
own motion, readjust the rate of compensation in accordance
with the rules in this section provided for the same, or in a
proper case terminate the payment: PROVIDED, That the
director may, upon application of the worker made at any
time, provide proper and necessary medical and surgical
services as authorized under RCW 51.36.010. The department shall promptly mail a copy of the application to the
employer at the employer’s last known address as shown by
the records of the department.
(b) "Closing order" as used in this section means an
order based on factors which include medical recommendation, advice, or examination.
(c) Applications for benefits where the claim has been
closed without medical recommendation, advice, or examination are not subject to the seven year limitation of this
section. The preceding sentence shall not apply to any
closing order issued prior to July 1, 1981. First closing
orders issued between July 1, 1981, and July 1, 1985, shall,
for the purposes of this section only, be deemed issued on
July 1, 1985. The time limitation of this section shall be ten
years in claims involving loss of vision or function of the
eyes.
(d) If an order denying an application to reopen filed on
or after July 1, 1988, is not issued within ninety days of
receipt of such application by the self-insured employer or
the department, such application shall be deemed granted.
However, for good cause, the department may extend the
time for making the final determination on the application
for an additional sixty days.
(2) If a worker receiving a pension for total disability
returns to gainful employment for wages, the director may
suspend or terminate the rate of compensation established for
the disability without producing medical evidence that shows
that a diminution of the disability has occurred.
(3) No act done or ordered to be done by the director,
or the department prior to the signing and filing in the matter
of a written order for such readjustment shall be grounds for
such readjustment. [1995 c 253 § 2; 1988 c 161 § 11; 1986
c 59 § 4; 1973 1st ex.s. c 192 § 1; 1961 c 23 § 51.32.160.
Prior: 1957 c 70 § 38; prior: 1951 c 115 § 5; 1949 c 219
§ 1, part; 1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927
c 310 § 4, part; 1923 c 136 § 2, part; 1919 c 131 § 4, part;
1917 c 28 § 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5,
part; Rem. Supp. 1949 § 7679, part.]
51.32.180 Occupational diseases—Limitation. Every
worker who suffers disability from an occupational disease
in the course of employment under the mandatory or elective
adoption provisions of this title, or his or her family and
dependents in case of death of the worker from such disease
(2002 Ed.)
51.32.150
or infection, shall receive the same compensation benefits
and medical, surgical and hospital care and treatment as
would be paid and provided for a worker injured or killed in
employment under this title, except as follows: (a) This
section and RCW 51.16.040 shall not apply where the last
exposure to the hazards of the disease or infection occurred
prior to January 1, 1937; and (b) for claims filed on or after
July 1, 1988, the rate of compensation for occupational
diseases shall be established as of the date the disease
requires medical treatment or becomes totally or partially
disabling, whichever occurs first, and without regard to the
date of the contraction of the disease or the date of filing the
claim. [1988 c 161 § 5; 1977 ex.s. c 350 § 53; 1971 ex.s.
c 289 § 49; 1961 c 23 § 51.32.180. Prior: 1959 c 308 § 19;
prior: 1941 c 235 § 1, part; 1939 c 135 § 1, part; 1937 c
212 § 1, part; Rem. Supp. 1941 § 7679-1, part.]
Benefit increases—Application to certain retrospective rating
agreements—1988 c 161: See notes following RCW 51.32.050.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.32.185 Occupational diseases—Presumption of
occupational disease for fire fighters—Limitations—
Exception—Rules. (1) In the case of fire fighters as
defined in RCW 41.26.030(4) (a), (b), and (c) who are
covered under Title 51 RCW and fire fighters, including
supervisors, employed on a full-time, fully compensated
basis as a fire fighter of a private sector employer’s fire
department that includes over fifty such fire fighters, there
shall exist a prima facie presumption that: (a) Respiratory
disease; (b) heart problems that are experienced within
seventy-two hours of exposure to smoke, fumes, or toxic
substances; (c) cancer; and (d) infectious diseases are
occupational diseases under RCW 51.08.140. This presumption of occupational disease may be rebutted by a preponderance of the evidence. Such evidence may include, but is not
limited to, use of tobacco products, physical fitness and
weight, lifestyle, hereditary factors, and exposure from other
employment or nonemployment activities.
(2) The presumptions established in subsection (1) of
this section shall be extended to an applicable member
following termination of service for a period of three
calendar months for each year of requisite service, but may
not extend more than sixty months following the last date of
employment.
(3) The presumption established in subsection (1)(c) of
this section shall only apply to any active or former fire
fighter who has cancer that develops or manifests itself after
the fire fighter has served at least ten years and who was
given a qualifying medical examination upon becoming a
fire fighter that showed no evidence of cancer. The presumption within subsection (1)(c) of this section shall only
apply to primary brain cancer, malignant melanoma, leukemia, non-Hodgkin’s lymphoma, bladder cancer, ureter
cancer, and kidney cancer.
(4) The presumption established in subsection (1)(d) of
this section shall be extended to any fire fighter who has
contracted any of the following infectious diseases: Human
immunodeficiency virus/acquired immunodeficiency syndrome, all strains of hepatitis, meningococcal meningitis, or
mycobacterium tuberculosis.
[Title 51 RCW—page 49]
51.32.185
Title 51 RCW: Industrial Insurance
(5) Beginning July 1, 2003, this section does not apply
to a fire fighter who develops a heart or lung condition and
who is a regular user of tobacco products or who has a
history of tobacco use. The department, using existing
medical research, shall define in rule the extent of tobacco
use that shall exclude a fire fighter from the provisions of
this section. [2002 c 337 § 2; 1987 c 515 § 2.]
Legislative findings—1987 c 515: "The legislature finds that the
employment of fire fighters exposes them to smoke, fumes, and toxic or
chemical substances. The legislature recognizes that fire fighters as a class
have a higher rate of respiratory disease than the general public. The
legislature therefore finds that respiratory disease should be presumed to be
occupationally related for industrial insurance purposes for fire fighters."
[1987 c 515 § 1.]
51.32.190 Self-insurers—Notice of denial of claim,
reasons—Procedure—Powers and duties of director. (1)
If the self-insurer denies a claim for compensation, written
notice of such denial, clearly informing the claimant of the
reasons therefor and that the director will rule on the matter
shall be mailed or given to the claimant and the director
within thirty days after the self-insurer has notice of the
claim.
(2) Until such time as the department has entered an
order in a disputed case acceptance of compensation by the
claimant shall not be considered a binding determination of
his or her rights under this title. Likewise the payment of
compensation shall not be considered a binding determination of the obligations of the self-insurer as to future
compensation payments.
(3) Upon making the first payment of income benefits,
the self-insurer shall immediately notify the director in
accordance with a form to be prescribed by the director.
Upon request of the department on a form prescribed by the
department, the self-insurer shall submit a record of the payment of income benefits including initial, termination or
terminations, and change or changes to the benefits. Where
temporary disability compensation is payable, the first
payment thereof shall be made within fourteen days after
notice of claim and shall continue at regular semimonthly or
biweekly intervals.
(4) If, after the payment of compensation without an
award, the self-insurer elects to controvert the right to
compensation, the payment of compensation shall not be
considered a binding determination of the obligations of the
self-insurer as to future compensation payments. The
acceptance of compensation by the worker or his or her
beneficiaries shall not be considered a binding determination
of their rights under this title.
(5) The director: (a) May, upon his or her own initiative at any time in a case in which payments are being made
without an award; and (b) shall, upon receipt of information
from any person claiming to be entitled to compensation,
from the self-insurer, or otherwise that the right to compensation is controverted, or that payment of compensation has
been opposed, stopped or changed, whether or not claim has
been filed, promptly make such inquiry as circumstances
require, cause such medical examinations to be made, hold
such hearings, require the submission of further information,
make such orders, decisions or awards, and take such further
action as he or she considers will properly determine the
matter and protect the rights of all parties.
[Title 51 RCW—page 50]
(6) The director, upon his or her own initiative, may
make such inquiry as circumstances require or is necessary
to protect the rights of all the parties and he or she may
enact rules and regulations providing for procedures to
ensure fair and prompt handling by self-insurers of the
claims of workers and beneficiaries. [1996 c 58 § 2; 1982
1st ex.s. c 20 § 3; 1977 ex.s. c 350 § 54; 1972 ex.s. c 43 §
25; 1971 ex.s. c 289 § 47.]
Effective date—1982 1st ex.s. c 20: See note following RCW
51.32.075.
51.32.195 Self-insurers—Information to department. On any industrial injury claim where the self-insured
employer or injured worker has requested a determination by
the department, the self-insurer must submit all medical
reports and any other specified information not previously
submitted to the department. When the department requests
information from a self-insurer by certified mail, the selfinsurer shall submit all information in its possession concerning a claim within ten working days from the date of receipt
of such certified notice. [1987 c 290 § 1.]
51.32.200 Self-insurers—Enforcement of compensation order against. (1) If a self-insurer fails, refuses, or
neglects to comply with a compensation order which has
become final and is not subject to review or appeal, the
director or any person entitled to compensation under the
order may institute proceedings for injunctive or other
appropriate relief for enforcement of the order. These
proceedings may be instituted in the superior court for the
county in which the claimant resides, or, if the claimant is
not then a resident of this state, in the superior court for the
county in which the self-insurer may be served with process.
(2) The court shall enforce obedience to the order by
proper means, enjoining compliance upon the person
obligated to comply with the compensation order. The court
may issue such writs and processes as are necessary to carry
out its orders.
(3) A proceeding under this section does not preclude
other methods of enforcement provided for in this title.
[1971 ex.s. c 289 § 48.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.32.210 Claims of injured workers, prompt
action—Payment—Acceptance—Effect. Claims of injured
workers of employers who have secured the payment of
compensation by insuring with the department shall be
promptly acted upon by the department. Where temporary
disability compensation is payable, the first payment thereof
shall be mailed within fourteen days after receipt of the
claim at the department’s offices in Olympia and shall
continue at regular semimonthly intervals. The payment of
this or any other benefits under this title, prior to the entry
of an order by the department in accordance with RCW
51.52.050 as now or hereafter amended, shall be not considered a binding determination of the obligations of the department under this title. The acceptance of compensation by
the worker or his or her beneficiaries prior to such order
shall likewise not be considered a binding determination of
(2002 Ed.)
Compensation—Right to and Amount
their rights under this title. [1977 ex.s. c 350 § 55; 1972
ex.s. c 43 § 26.]
51.32.215 Payment of compensation after appeal—
Enforcement of order—Penalty. (1)(a) If the worker or
beneficiary in a state fund claim prevails in an appeal by any
party to the board or the court, the department shall comply
with the board or court’s order with respect to the payment
of compensation within the later of the following time
periods:
(i) Sixty days after the compensation order has become
final and is not subject to review or appeal; or
(ii) If the order has become final and is not subject to
review or appeal and the department has, within the period
specified in (a)(i) of this subsection, requested the filing by
the worker or beneficiary of documents necessary to make
payment of compensation, sixty days after all requested
documents are filed with the department.
The department may extend the sixty-day time period
for an additional thirty days for good cause.
(b) If the department fails to comply with (a) of this
subsection, any person entitled to compensation under the
order may institute proceedings for injunctive or other
appropriate relief for enforcement of the order. These
proceedings may be instituted in the superior court for the
county in which the claimant resides, or, if the claimant is
not then a resident of this state, in the superior court for
Thurston county.
(2) In a proceeding under this section, the court shall
enforce obedience to the order by proper means, enjoining
compliance upon the person obligated to comply with the
compensation order. The court may issue such writs and
processes as are necessary to carry out its orders and may
award a penalty of up to one thousand dollars to the person
entitled to compensation under the order.
(3) A proceeding under this section does not preclude
other methods of enforcement provided for in this title.
[1995 c 276 § 1.]
Application—1995 c 276: "This act applies to all appeals in state
fund claims determined under Title 51 RCW on or after July 23, 1995,
regardless of the date of filing of the claim." [1995 c 276 § 2.]
51.32.220 Reduction in total disability compensation—Limitations—Notice—Waiver. (1) For persons
under the age of sixty-five receiving compensation for
temporary or permanent total disability pursuant to the
provisions of chapter 51.32 RCW, such compensation shall
be reduced by an amount equal to the benefits payable under
the federal old-age, survivors and disability insurance act as
now or hereafter amended not to exceed the amount of the
reduction established pursuant to 42 USC 424a. However,
such reduction shall not apply when the combined compensation provided pursuant to chapter 51.32 RCW and the
federal old-age, survivors and disability insurance act is less
than the total benefits to which the federal reduction would
apply, pursuant to 42 USC 424a. Where any person described in this section refuses to authorize the release of
information concerning the amount of benefits payable under
said federal act the department’s estimate of said amount
shall be deemed to be correct unless and until the actual
amount is established and no adjustment shall be made for
any period of time covered by any such refusal.
(2002 Ed.)
51.32.210
(2) Any reduction under subsection (1) of this section
shall be effective the month following the month in which
the department or self-insurer is notified by the federal social
security administration that the person is receiving disability
benefits under the federal old-age, survivors and disability
insurance act: PROVIDED, That in the event of an overpayment of benefits the department or self-insurer may not
recover more than the overpayments for the six months
immediately preceding the date the department or self-insurer
notifies the worker that an overpayment has occurred:
PROVIDED FURTHER, That upon determining that there
has been an overpayment, the department or self-insurer
shall immediately notify the person who received the
overpayment that he or she shall be required to make
repayment pursuant to this section and RCW 51.32.230.
(3) Recovery of any overpayment must be taken from
future temporary or permanent total disability benefits or
permanent partial disability benefits provided by this title.
In the case of temporary or permanent total disability
benefits, the recovery shall not exceed twenty-five percent of
the monthly amount due from the department or self-insurer
or one-sixth of the total overpayment, whichever is the
lesser.
(4) No reduction may be made unless the worker
receives notice of the reduction prior to the month in which
the reduction is made.
(5) In no event shall the reduction reduce total benefits
to less than the greater amount the worker may be entitled
to under this title or the federal old-age, survivors and
disability insurance act.
(6) The director, pursuant to rules adopted in accordance
with the procedures provided in the administrative procedure
act, chapter 34.05 RCW, may exercise his discretion to
waive, in whole or in part, the amount of any overpayment
where the recovery would be against equity and good
conscience.
(7) The amendment in subsection (1) of this section by
chapter 63, Laws of 1982 raising the age limit during which
the reduction shall be made from age sixty-two to age sixtyfive shall apply with respect to workers whose effective
entitlement to total disability compensation begins after
January 1, 1983. [1982 c 63 § 19; 1979 ex.s. c 231 § 1;
1979 ex.s. c 151 § 1; 1977 ex.s. c 323 § 19; 1975 1st ex.s.
c 286 § 3.]
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Applicability—1979 ex.s. c 231: "This 1979 act applies to all cases
in which notification of the first reduction in compensation pursuant to
RCW 51.32.220 is mailed after June 15, 1979, regardless of when the basis,
authority, or cause for such reduction may have arisen. To such extent, this
1979 act applies retrospectively, but in all other respects it applies
prospectively." [1979 ex.s. c 231 § 2.]
Severability—1979 ex.s. c 231: "If any provision of this 1979 act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 231 § 3.]
Applicability—1979 ex.s. c 151: "This 1979 act applies to all cases
in which notification of the first reduction in compensation pursuant to
RCW 51.32.220 is mailed after May 10, 1979, regardless of when the basis,
authority, or cause for such reduction may have arisen. To such extent, this
1979 act applies retrospectively, but in all other respects it applies
prospectively." [1979 ex.s. c 151 § 3.]
Severability—1979 ex.s. c 151: "If any provision of this 1979 act or
its application to any person or circumstance is held invalid, the remainder
[Title 51 RCW—page 51]
51.32.220
Title 51 RCW: Industrial Insurance
of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 151 § 4.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.32.225 Reduction in total disability compensation—Offset for social security retirement benefits. (1)
For persons receiving compensation for temporary or permanent total disability under this title, the compensation shall
be reduced by the department to allow an offset for social
security retirement benefits payable under the federal social
security, old age survivors, and disability insurance act, 42
U.S.C. This reduction shall not apply to any worker who is
receiving permanent total disability benefits prior to July 1,
1986.
(2) Reductions for social security retirement benefits
under this section shall comply with the procedures in RCW
51.32.220 (1) through (6), except those that relate to computation, and with any other procedures established by the
department to administer this section.
(3) Any reduction in compensation made under chapter
58, Laws of 1986, shall be made before the reduction
established in this section. [1986 c 59 § 5.]
Effective date—1986 c 59 § 5: See note following RCW 51.32.090.
51.32.230 Recovery of overpayments. Notwithstanding any other provisions of law, any overpayments previously recovered under the provisions of RCW 51.32.220 as now
or hereafter amended shall be limited to six months’
overpayments. Where greater recovery has already been
made, the director, in his discretion, may make restitution in
those cases where an extraordinary hardship has been
created. [1979 ex.s. c 151 § 2.]
Applicability—Severability—1979 ex.s. c 151: See notes following
RCW 51.32.220.
51.32.240 Erroneous, fraudulent payments—
Adjustment for self-insurer’s failure to pay benefits—
Penalty—Appeal—Enforcement of orders. (1) Whenever
any payment of benefits under this title is made because of
clerical error, mistake of identity, innocent misrepresentation
by or on behalf of the recipient thereof mistakenly acted
upon, or any other circumstance of a similar nature, all not
induced by fraud, the recipient thereof shall repay it and
recoupment may be made from any future payments due to
the recipient on any claim with the state fund or self-insurer,
as the case may be. The department or self-insurer, as the
case may be, must make claim for such repayment or
recoupment within one year of the making of any such
payment or it will be deemed any claim therefor has been
waived. The director, pursuant to rules adopted in accordance with the procedures provided in the administrative
procedure act, chapter 34.05 RCW, may exercise his discretion to waive, in whole or in part, the amount of any such
timely claim where the recovery would be against equity and
good conscience.
(2) Whenever the department or self-insurer fails to pay
benefits because of clerical error, mistake of identity, or
innocent misrepresentation, all not induced by recipient
fraud, the recipient may request an adjustment of benefits to
be paid from the state fund or by the self-insurer, as the case
may be, subject to the following:
[Title 51 RCW—page 52]
(a) The recipient must request an adjustment in benefits
within one year from the date of the incorrect payment or it
will be deemed any claim therefore has been waived.
(b) The recipient may not seek an adjustment of benefits
because of adjudicator error. "Adjudicator error" includes
the failure to consider information in the claim file, failure
to secure adequate information, or an error in judgment.
(3) Whenever the department issues an order rejecting
a claim for benefits paid pursuant to RCW 51.32.190 or
51.32.210, after payment for temporary disability benefits
has been paid by a self-insurer pursuant to RCW
51.32.190(3) or by the department pursuant to RCW
51.32.210, the recipient thereof shall repay such benefits and
recoupment may be made from any future payments due to
the recipient on any claim with the state fund or self-insurer,
as the case may be. The director, under rules adopted in
accordance with the procedures provided in the administrative procedure act, chapter 34.05 RCW, may exercise
discretion to waive, in whole or in part, the amount of any
such payments where the recovery would be against equity
and good conscience.
(4) Whenever any payment of benefits under this title
has been made pursuant to an adjudication by the department
or by order of the board or any court and timely appeal
therefrom has been made where the final decision is that any
such payment was made pursuant to an erroneous adjudication, the recipient thereof shall repay it and recoupment may
be made from any future payments due to the recipient on
any claim with the state fund or self-insurer, as the case may
be. The director, pursuant to rules adopted in accordance
with the procedures provided in the administrative procedure
act, chapter 34.05 RCW, may exercise his discretion to
waive, in whole or in part, the amount of any such payments
where the recovery would be against equity and good
conscience.
(5) Whenever any payment of benefits under this title
has been induced by fraud the recipient thereof shall repay
any such payment together with a penalty of fifty percent of
the total of any such payments and the amount of such total
sum may be recouped from any future payments due to the
recipient on any claim with the state fund or self-insurer
against whom the fraud was committed, as the case may be,
and the amount of such penalty shall be placed in the
supplemental pension fund. Such repayment or recoupment
must be demanded or ordered within three years of the
discovery of the fraud.
(6) The worker, beneficiary, or other person affected
thereby shall have the right to contest an order assessing an
overpayment pursuant to this section in the same manner and
to the same extent as provided under RCW 51.52.050 and
51.52.060. In the event such an order becomes final under
chapter 51.52 RCW and notwithstanding the provisions of
subsections (1) through (5) of this section, the director,
director’s designee, or self-insurer may file with the clerk in
any county within the state a warrant in the amount of the
sum representing the unpaid overpayment and/or penalty plus
interest accruing from the date the order became final. The
clerk of the county in which the warrant is filed shall
immediately designate a superior court cause number for
such warrant and the clerk shall cause to be entered in the
judgment docket under the superior court cause number
assigned to the warrant, the name of the worker, beneficiary,
(2002 Ed.)
Compensation—Right to and Amount
or other person mentioned in the warrant, the amount of the
unpaid overpayment and/or penalty plus interest accrued, and
the date the warrant was filed. The amount of the warrant
as docketed shall become a lien upon the title to and interest
in all real and personal property of the worker, beneficiary,
or other person against whom the warrant is issued, the same
as a judgment in a civil case docketed in the office of such
clerk. The sheriff shall then proceed in the same manner
and with like effect as prescribed by law with respect to
execution or other process issued against rights or property
upon judgment in the superior court. Such warrant so
docketed shall be sufficient to support the issuance of writs
of garnishment in favor of the department or self-insurer in
the manner provided by law in the case of judgment, wholly
or partially unsatisfied. The clerk of the court shall be
entitled to a filing fee under RCW 36.18.012(10), which
shall be added to the amount of the warrant. A copy of such
warrant shall be mailed to the worker, beneficiary, or other
person within three days of filing with the clerk.
The director, director’s designee, or self-insurer may
issue to any person, firm, corporation, municipal corporation,
political subdivision of the state, public corporation, or
agency of the state, a notice to withhold and deliver property
of any kind if there is reason to believe that there is in the
possession of such person, firm, corporation, municipal
corporation, political subdivision of the state, public corporation, or agency of the state, property that is due, owing, or
belonging to any worker, beneficiary, or other person upon
whom a warrant has been served for payments due the
department or self-insurer. The notice and order to withhold
and deliver shall be served by certified mail accompanied by
an affidavit of service by mailing or served by the sheriff of
the county, or by the sheriff’s deputy, or by any authorized
representative of the director, director’s designee, or selfinsurer. Any person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or
agency of the state upon whom service has been made shall
answer the notice within twenty days exclusive of the day of
service, under oath and in writing, and shall make true answers to the matters inquired or in the notice and order to
withhold and deliver. In the event there is in the possession
of the party named and served with such notice and order,
any property that may be subject to the claim of the department or self-insurer, such property shall be delivered
forthwith to the director, the director’s authorized representative, or self-insurer upon demand. If the party served and
named in the notice and order fails to answer the notice and
order within the time prescribed in this section, the court
may, after the time to answer such order has expired, render
judgment by default against the party named in the notice for
the full amount, plus costs, claimed by the director,
director’s designee, or self-insurer in the notice. In the event
that a notice to withhold and deliver is served upon an
employer and the property found to be subject thereto is
wages, the employer may assert in the answer all exemptions
provided for by chapter 6.27 RCW to which the wage earner
may be entitled.
This subsection shall only apply to orders assessing an
overpayment which are issued on or after July 28, 1991:
PROVIDED, That this subsection shall apply retroactively to
all orders assessing an overpayment resulting from fraud,
civil or criminal.
(2002 Ed.)
51.32.240
(7) Orders assessing an overpayment which are issued
on or after July 28, 1991, shall include a conspicuous notice
of the collection methods available to the department or selfinsurer. [2001 c 146 § 10. Prior: 1999 c 396 § 1; 1999 c
119 § 1; 1991 c 88 § 1; 1986 c 54 § 1; 1975 1st ex.s. c 224
§ 13.]
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.32.250 Payment of job modification costs.
Modification of the injured worker’s previous job or modification of a new job is recognized as a desirable method of
returning the injured worker to gainful employment. In
order to assist employers in meeting the costs of job modification, and to encourage employers to modify jobs to
accommodate retaining or hiring workers with disabilities
resulting from work-related injury, the supervisor or the
supervisor’s designee, in his or her discretion, may pay job
modification costs in an amount not to exceed five thousand
dollars per worker per job modification. This payment is
intended to be a cooperative participation with the employer
and funds shall be taken from the appropriate account within
the second injury fund.
The benefits provided for in this section are available to
any otherwise eligible worker regardless of the date of
industrial injury. [1988 c 161 § 10; 1983 c 70 § 3; 1982 c
63 § 13.]
Severability—1983 c 70: See note following RCW 51.32.095.
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
51.32.260 Compensation for loss or damage to
personal effects. Workers otherwise entitled to compensation under this title may also claim compensation for loss of
or damage to the worker’s personal clothing, footwear or
protective equipment resulting from the industrial accident or
incurred in the course of emergency medical treatment for
injuries. [1983 c 111 § 1.]
51.32.300 State employee vocational rehabilitation
coordinator. The director shall appoint a state employee
vocational rehabilitation coordinator who shall provide
technical assistance and coordination of claims management
to state agencies and institutions of higher education under
the state return-to-work programs created by RCW 41.06.490
and *28B.16.300. [1990 c 204 § 5.]
*Reviser’s note: RCW 28B.16.300 was repealed by 1993 c 281 § 68,
effective July 1, 1993.
Findings—Purpose—1990 c 204: See note following RCW
51.44.170.
51.32.350 Chemically related illness—Criteria and
procedures for claims—Claims management. (1) By July
1, 1994, the department shall establish interim criteria and
procedures for management of claims involving chemically
related illness to ensure consistency and fairness in the
adjudication of these claims. The criteria and procedures
shall apply to employees covered by the state fund and employees of self-insured employers. The department shall
adopt final criteria and procedures by December 31, 1994,
[Title 51 RCW—page 53]
51.32.350
Title 51 RCW: Industrial Insurance
and report the criteria and procedures as required under
section 5, chapter 265, Laws of 1994.
(2) The special procedures developed by the department
shall include procedures to determine which claims involving
chemically related illness require expert management. The
department shall assign claims managers with special
training or expertise to manage these claims. [1994 c 265 §
1.]
51.32.360 Chemically related illness—Centers for
research and clinical assessment. The department shall
work with the department of health to establish one or more
centers for research and clinical assessment of chemically
related illness. [1994 c 265 § 3.]
51.32.370 Chemically related illness—Research
projects—Implementation plan—Funding—Deductions
from employees’ pay. (1) The department shall conduct
research on chemically related illnesses, which shall include
contracting with recognized medical research institutions.
The department shall develop an implementation plan for
research based on sound scientific research criteria, such as
double blind studies, and shall include adequate provisions
for peer review, and submit the plan to the worker’s
[workers’] compensation advisory committee for review and
approval. Following approval of the plan, all specific
proposals for projects under the plan shall be submitted for
review to a scientific advisory committee, established to
provide scientific oversight of research projects, and to the
workers’ compensation advisory committee. The department
shall include a research project that encourages regional
cooperation in addressing chemically related illness.
(2) Expenditures for research projects shall be within
legislative appropriations from the medical aid fund, with
self-insured employers and the state fund each paying a pro
rata share, based on the number of worker hours, of the
authorized expenditures. For the purposes of this subsection
only, self-insured employers may deduct from the pay of
each of their employees one-half of the share charged to the
employer for the expenditures from the medical aid fund.
[1994 c 265 § 4.]
Chapter 51.36
MEDICAL AID
Sections
51.36.010
51.36.015
51.36.020
51.36.030
51.36.040
51.36.050
51.36.060
51.36.070
51.36.080
51.36.085
51.36.090
51.36.100
51.36.110
Extent and duration.
Chiropractic care and evaluation.
Transportation to treatment—Artificial substitutes and mechanical aids—Modifications to residences or motor
vehicles.
First aid.
Time and place of coverage—Lunch period.
Rehabilitation center—Contracts with self-insurers and others.
Duties of attending physician—Medical information.
Medical examination—Reports—Costs.
Payment of fees and medical charges by department—
Interest—Cost-effective payment methods—Audits.
Payment of fees and medical charges by self-insurers—
Interest.
Review of billings—Investigation of unauthorized services.
Audits of health care providers authorized.
Audits of health care providers—Powers of department.
[Title 51 RCW—page 54]
51.36.120
51.36.130
Confidential information.
False, misleading, or deceptive advertising or representations.
51.36.010 Extent and duration. Upon the occurrence
of any injury to a worker entitled to compensation under the
provisions of this title, he or she shall receive proper and
necessary medical and surgical services at the hands of a
physician of his or her own choice, if conveniently located,
and proper and necessary hospital care and services during
the period of his or her disability from such injury, but the
same shall be limited in point of duration as follows:
In the case of permanent partial disability, not to extend
beyond the date when compensation shall be awarded him or
her, except when the worker returned to work before
permanent partial disability award is made, in such case not
to extend beyond the time when monthly allowances to him
or her shall cease; in case of temporary disability not to
extend beyond the time when monthly allowances to him or
her shall cease: PROVIDED, That after any injured worker
has returned to his or her work his or her medical and
surgical treatment may be continued if, and so long as, such
continuation is deemed necessary by the supervisor of
industrial insurance to be necessary to his or her more
complete recovery; in case of a permanent total disability not
to extend beyond the date on which a lump sum settlement
is made with him or her or he or she is placed upon the
permanent pension roll: PROVIDED, HOWEVER, That the
supervisor of industrial insurance, solely in his or her
discretion, may authorize continued medical and surgical
treatment for conditions previously accepted by the department when such medical and surgical treatment is deemed
necessary by the supervisor of industrial insurance to protect
such worker’s life or provide for the administration of
medical and therapeutic measures including payment of
prescription medications, but not including those controlled
substances currently scheduled by the state board of pharmacy as Schedule I, II, III, or IV substances under chapter
69.50 RCW, which are necessary to alleviate continuing pain
which results from the industrial injury. In order to authorize such continued treatment the written order of the
supervisor of industrial insurance issued in advance of the
continuation shall be necessary.
The supervisor of industrial insurance, the supervisor’s
designee, or a self-insurer, in his or her sole discretion, may
authorize inoculation or other immunological treatment in
cases in which a work-related activity has resulted in
probable exposure of the worker to a potential infectious
occupational disease. Authorization of such treatment does
not bind the department or self-insurer in any adjudication of
a claim by the same worker or the worker’s beneficiary for
an occupational disease. [1986 c 58 § 6; 1977 ex.s. c 350
§ 56; 1975 1st ex.s. c 234 § 1; 1971 ex.s. c 289 § 50; 1965
ex.s. c 166 § 2; 1961 c 23 § 51.36.010. Prior: 1959 c 256
§ 2; prior: 1943 c 186 § 2, part; 1923 c 136 § 9, part; 1921
c 182 § 11, part; 1919 c 129 § 2, part; 1917 c 28 § 5, part;
Rem. Supp. 1943 § 7714, part.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.36.015 Chiropractic care and evaluation. Subject
to the other provisions of this title, the health services that
(2002 Ed.)
Medical Aid
are available to an injured worker under RCW 51.36.010
include chiropractic care and evaluation. For the purposes
of assisting the department in making claims determinations,
an injured worker may be required by the department to
undergo examination by a chiropractor licensed under
chapter 18.25 RCW. [1994 c 94 § 1.]
51.36.020 Transportation to treatment—Artificial
substitutes and mechanical aids—Modifications to
residences or motor vehicles. (1) When the injury to any
worker is so serious as to require his or her being taken
from the place of injury to a place of treatment, his or her
employer shall, at the expense of the medical aid fund, or
self-insurer, as the case may be, furnish transportation to the
nearest place of proper treatment.
(2) Every worker whose injury results in the loss of one
or more limbs or eyes shall be provided with proper artificial
substitutes and every worker, who suffers an injury to an eye
producing an error of refraction, shall be once provided
proper and properly equipped lenses to correct such error of
refraction and his or her disability rating shall be based upon
the loss of sight before correction.
(3) Every worker whose accident results in damage to
or destruction of an artificial limb, eye, or tooth, shall have
same repaired or replaced.
(4) Every worker whose hearing aid or eyeglasses or
lenses are damaged, destroyed, or lost as a result of an
industrial accident shall have the same restored or replaced.
The department or self-insurer shall be liable only for the
cost of restoring damaged hearing aids or eyeglasses to their
condition at the time of the accident.
(5) All mechanical appliances necessary in the treatment
of an injured worker, such as braces, belts, casts, and
crutches, shall be provided and all mechanical appliances
required as permanent equipment after treatment has been
completed shall continue to be provided or replaced without
regard to the date of injury or date treatment was completed,
notwithstanding any other provision of law.
(6) A worker, whose injury is of such short duration as
to bring him or her within the time limit provisions of RCW
51.32.090, shall nevertheless receive during the omitted
period medical, surgical, and hospital care and service and
transportation under the provisions of this chapter.
(7) Whenever in the sole discretion of the supervisor it
is reasonable and necessary to provide residence modifications necessary to meet the needs and requirements of the
worker who has sustained catastrophic injury, the department
or self-insurer may be ordered to pay an amount not to
exceed the state’s average annual wage for one year as
determined under RCW 50.04.355, as now existing or hereafter amended, toward the cost of such modifications or
construction. Such payment shall only be made for the
construction or modification of a residence in which the
injured worker resides. Only one residence of any worker
may be modified or constructed under this subsection,
although the supervisor may order more than one payment
for any one home, up to the maximum amount permitted by
this section.
(8)(a) Whenever in the sole discretion of the supervisor
it is reasonable and necessary to modify a motor vehicle
owned by a worker who has become an amputee or becomes
(2002 Ed.)
51.36.015
paralyzed because of an industrial injury, the supervisor may
order up to fifty percent of the state’s average annual wage
for one year, as determined under RCW 50.04.355, to be
paid by the department or self-insurer toward the costs
thereof.
(b) In the sole discretion of the supervisor after his or
her review, the amount paid under this subsection may be
increased by no more than four thousand dollars by written
order of the supervisor.
(9) The benefits provided by subsections (7) and (8) of
this section are available to any otherwise eligible worker
regardless of the date of industrial injury. [1999 c 395 § 1;
1982 c 63 § 12; 1977 ex.s. c 350 § 57; 1975 1st ex.s. c 224
§ 14; 1971 ex.s. c 289 § 51; 1965 ex.s. c 166 § 3; 1961 c 23
§ 51.36.020. Prior: 1959 c 256 § 3; prior: 1951 c 236 § 6;
1943 c 186 § 2, part; 1923 c 136 § 9, part; 1921 c 182 § 11,
part; 1919 c 129 § 2, part; 1917 c 28 § 5, part; Rem. Supp.
1943 § 7714, part.]
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.36.030 First aid. Every employer, who employs
workers, shall keep as required by the department’s rules a
first aid kit or kits equipped as required by such rules with
materials for first aid to his or her injured workers. Every
employer who employs fifty or more workers, shall keep one
first aid station equipped as required by the department’s
rules with materials for first aid to his or her injured workers, and shall cooperate with the department in training one
or more employees in first aid to the injured. The maintenance of such first aid kits and stations shall be deemed to
be a part of any safety and health standards established
under Title 49 RCW. [1980 c 14 § 12. Prior: 1977 ex.s.
c 350 § 58; 1977 ex.s. c 323 § 20; 1961 c 23 § 51.36.030;
prior: 1959 c 256 § 4; prior: 1943 c 186 § 2, part; 1923 c
136 § 9, part; 1921 c 182 § 11, part; 1919 c 129 § 2, part;
1917 c 28 § 5, part; Rem. Supp. 1943 § 7714, part.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.36.040 Time and place of coverage—Lunch
period. The benefits of Title 51 RCW shall be provided to
each worker receiving an injury, as defined therein, during
the course of his or her employment and also during his or
her lunch period as established by the employer while on the
jobsite. The jobsite shall consist of the premises as are
occupied, used or contracted for by the employer for the
business of work process in which the employer is then
engaged: PROVIDED, That if a worker by reason of his or
her employment leaves such jobsite under the direction,
control or request of the employer and if such worker is
injured during his or her lunch period while so away from
the jobsite, the worker shall receive the benefits as provided
herein: AND PROVIDED FURTHER, That the employer
need not consider the lunch period in worker hours for the
purpose of reporting to the department unless the worker is
actually paid for such period of time. [1977 ex.s. c 350 §
59; 1961 c 107 § 2.]
[Title 51 RCW—page 55]
51.36.050
Title 51 RCW: Industrial Insurance
51.36.050 Rehabilitation center—Contracts with
self-insurers and others. The department may operate and
control a rehabilitation center and may contract with selfinsurers, and any other persons who may be interested, for
use of any such center on such terms as the director deems
reasonable. [1979 ex.s. c 42 § 1; 1971 ex.s. c 289 § 52.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.36.060 Duties of attending physician—Medical
information. Physicians examining or attending injured
workers under this title shall comply with rules and regulations adopted by the director, and shall make such reports as
may be requested by the department or self-insurer upon the
condition or treatment of any such worker, or upon any other
matters concerning such workers in their care. Except under
RCW 49.17.210 and 49.17.250, all medical information in
the possession or control of any person and relevant to the
particular injury in the opinion of the department pertaining
to any worker whose injury or occupational disease is the
basis of a claim under this title shall be made available at
any stage of the proceedings to the employer, the claimant’s
representative, and the department upon request, and no
person shall incur any legal liability by reason of releasing
such information. [1991 c 89 § 3; 1989 c 12 § 17; 1975 1st
ex.s. c 224 § 15; 1971 ex.s. c 289 § 53.]
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.36.070 Medical examination—Reports—Costs.
Whenever the director or the self-insurer deems it necessary
in order to resolve any medical issue, a worker shall submit
to examination by a physician or physicians selected by the
director, with the rendition of a report to the person ordering
the examination. The department or self-insurer shall
provide the physician performing an examination with all
relevant medical records from the worker’s claim file. The
director, in his or her discretion, may charge the cost of such
examination or examinations to the self-insurer or to the
medical aid fund as the case may be. The cost of said
examination shall include payment to the worker of reasonable expenses connected therewith. [2001 c 152 § 2; 1977
ex.s. c 350 § 60; 1971 ex.s. c 289 § 54.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.36.080 Payment of fees and medical charges by
department—Interest—Cost-effective payment methods—
Audits. (1) All fees and medical charges under this title
shall conform to the fee schedule established by the director
and shall be paid within sixty days of receipt by the department of a proper billing in the form prescribed by department rule or sixty days after the claim is allowed by final
order or judgment, if an otherwise proper billing is received
by the department prior to final adjudication of claim allowance. The department shall pay interest at the rate of one
percent per month, but at least one dollar per month,
whenever the payment period exceeds the applicable sixtyday period on all proper fees and medical charges.
[Title 51 RCW—page 56]
Beginning in fiscal year 1987, interest payments under
this subsection may be paid only from funds appropriated to
the department for administrative purposes.
Nothing in this section may be construed to require the
payment of interest on any billing, fee, or charge if the
industrial insurance claim on which the billing, fee, or
charge is predicated is ultimately rejected or the billing, fee,
or charge is otherwise not allowable.
In establishing fees for medical and other health care
services, the director shall consider the director’s duty to
purchase health care in a prudent, cost-effective manner
without unduly restricting access to necessary care by
persons entitled to the care. With respect to workers
admitted as hospital inpatients on or after July 1, 1987, the
director shall pay for inpatient hospital services on the basis
of diagnosis-related groups, contracting for services, or other
prudent, cost-effective payment method, which the director
shall establish by rules adopted in accordance with chapter
34.05 RCW.
(2) The director may establish procedures for selectively
or randomly auditing the accuracy of fees and medical
billings submitted to the department under this title. [1998
c 245 § 104; 1993 c 159 § 2; 1987 c 470 § 1; 1985 c 368 §
2; 1985 c 338 § 1; 1971 ex.s. c 289 § 55.]
Effective date—1987 c 470 § 1: "Section 1 of this act is necessary
for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect on July 1, 1987." [1987 c 470 § 4.]
Effective date—1985 c 368 § 2: "Section 2 of this act shall take
effect July 1, 1987." [1985 c 368 § 7.]
Legislative findings—1985 c 368: "The legislature finds that:
(1) The governor’s steering committee on the six-year state health care
purchasing plan has estimated that health care expenditures by the
department of labor and industries will rise from $172.5 million in fiscal
year 1985 to $581.5 million in fiscal year 1991, an increase of two hundred
thirty-seven percent in six years, while the number of persons receiving the
care will rise only fifteen percent in the same period;
(2) The growing cost of health care for covered workers is a major
cause of recent industrial insurance premium increases, adversely affecting
both employers and employees;
(3) The department of labor and industries has not developed adequate
means of controlling the costs of health care services to which covered
workers are entitled by law;
(4) There is a need for all agencies of the state to act as prudent
buyers in purchasing health care." [1985 c 368 § 1.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.36.085 Payment of fees and medical charges by
self-insurers—Interest. All fees and medical charges under
this title shall conform to regulations promulgated, and the
fee schedule established by the director and shall be paid
within sixty days of receipt by the self-insured of a proper
billing in the form prescribed by department rule or sixty
days after the claim is allowed by final order or judgment,
if an otherwise proper billing is received by the self-insured
prior to final adjudication of claim allowance. The selfinsured shall pay interest at the rate of one percent per
month, but at least one dollar per month, whenever the
payment period exceeds the applicable sixty-day period on
all proper fees and medical charges. [1993 c 159 § 3; 1987
c 316 § 4.]
51.36.090 Review of billings—Investigation of
unauthorized services. An employer may request review of
(2002 Ed.)
Medical Aid
billings for any medical and surgical services received by a
worker by submitting written notice to the department. The
department shall investigate the billings and determine
whether the worker received services authorized under this
title. Whenever such medical or surgical services are
determined to be unauthorized, the department shall not
charge the costs of such services to the employer’s account.
[1985 c 337 § 3.]
51.36.100 Audits of health care providers authorized. The legislature finds and declares it to be in the
public interest of the residents of the state of Washington
that a proper regulatory and inspection program be instituted
in connection with the provision of medical, chiropractic,
dental, vocational, and other health services to industrially
injured workers pursuant to Title 51 RCW. In order to
effectively accomplish such purpose and to assure that the
industrially injured worker receives such services as are paid
for by the state of Washington, the acceptance by the
industrially injured worker of such services, and the request
by a provider of services for reimbursement for providing
such services, shall authorize the director of the department
of labor and industries or the director’s authorized representative to inspect and audit all records in connection with the
provision of such services. [1993 c 515 § 5; 1986 c 200 §
1.]
51.36.110 Audits of health care providers—Powers
of department. The director of the department of labor and
industries or the director’s authorized representative shall
have the authority to:
(1) Conduct audits and investigations of providers of
medical, chiropractic, dental, vocational, and other health
services furnished to industrially injured workers pursuant to
Title 51 RCW. In the conduct of such audits or investigations, the director or the director’s authorized representatives may examine all records, or portions thereof, including
patient records, for which services were rendered by a health
services provider and reimbursed by the department, notwithstanding the provisions of any other statute which may make
or purport to make such records privileged or confidential:
PROVIDED, That no original patient records shall be
removed from the premises of the health services provider,
and that the disclosure of any records or information obtained under authority of this section by the department of
labor and industries is prohibited and constitutes a violation
of RCW 42.52.050, unless such disclosure is directly
connected to the official duties of the department: AND
PROVIDED FURTHER, That the disclosure of patient
information as required under this section shall not subject
any physician or other health services provider to any
liability for breach of any confidential relationships between
the provider and the patient: AND PROVIDED FURTHER,
That the director or the director’s authorized representative
shall destroy all copies of patient medical records in their
possession upon completion of the audit, investigation, or
proceedings;
(2) Approve or deny applications to participate as a
provider of services furnished to industrially injured workers
pursuant to Title 51 RCW; and
(2002 Ed.)
51.36.090
(3) Terminate or suspend eligibility to participate as a
provider of services furnished to industrially injured workers
pursuant to Title 51 RCW. [1994 c 154 § 312; 1993 c 515
§ 6; 1986 c 200 § 2.]
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
51.36.120 Confidential information. When contracting for health care services and equipment, the department,
upon request of a contractor, shall keep confidential financial
and valuable trade information, which shall be exempt from
public inspection and copying under chapter 42.17 RCW.
[1989 c 189 § 2.]
51.36.130 False, misleading, or deceptive advertising
or representations. In addition to other authority granted
under this chapter, the department may deny applications of
health care providers to participate as a provider of services
to injured workers under this title, or terminate or suspend
providers’ eligibility to participate, if the provider uses or
causes or promotes the use of, advertising matter, promotional materials, or other representation, however disseminated
or published, that is false, misleading, or deceptive with
respect to the industrial insurance system or benefits for
injured workers under this title. [1997 c 336 § 2.]
Chapter 51.44
FUNDS
Sections
51.44.010
51.44.020
51.44.030
51.44.033
51.44.040
51.44.050
51.44.060
51.44.070
51.44.080
51.44.090
51.44.100
51.44.110
51.44.120
51.44.140
51.44.150
51.44.160
51.44.170
Accident fund.
Medical aid fund.
Reserve fund.
Supplemental pension fund.
Second injury fund.
Catastrophe injury account.
Charge to accident fund for the catastrophe injury account.
Transfer from accident fund, accounts to reserve fund—
Annuity values—Self-insurers—Penalty for delay or
refusal of reimbursement.
Reserve fund—Transfers from state fund—Surplus—
Deficiency.
Reserve fund record and maintenance by state treasurer.
Investment of accident, medical aid, reserve, supplemental
pension funds.
Disbursements of funds.
Liability of state treasurer.
Self-insurer deposits into reserve fund—Accounts within
fund—Surpluses and deficits.
Assessments upon self-insurers for administration costs.
Interfund loans between reserve and supplemental pension
funds—Audit.
Industrial insurance premium refund account.
51.44.010 Accident fund. There shall be, in the
office of the state treasurer, a fund to be known and designated as the "accident fund." [1961 c 23 § 51.44.010. Prior:
1947 c 247 § 1(4d), part; Rem. Supp. 1947 § 7676d, part.]
51.44.020 Medical aid fund. There shall be, in the
office of the state treasurer, a fund to be known and designated as the "medical aid fund." [1961 c 23 § 51.44.020.
Prior: 1923 c 136 § 8, part; 1919 c 129 § 1, part; 1917 c 29
§ 4, part; RRS § 7713, part.]
[Title 51 RCW—page 57]
51.44.030
Title 51 RCW: Industrial Insurance
51.44.030 Reserve fund. There shall be, in the office
of the state treasurer, a fund to be known and designated as
the "reserve fund." [1961 c 23 § 51.44.030. Prior: 1957 c
70 § 39; prior: 1949 c 219 § 1, part; 1947 c 246 § 1, part;
1929 c 132 § 2, part; 1927 c 310 § 4, part; 1923 c 136 § 2,
part; 1919 c 131 § 4, part; 1917 c 28 § 1, part; 1913 c 148
§ 1, part; 1911 c 74 § 5, part; Rem. Supp. 1949 § 7679,
part.]
51.44.033 Supplemental pension fund. There shall
be, in the office of the state treasurer, a fund to be known
and designated as the "supplemental pension fund". The
director shall be the administrator thereof. Said fund shall
be used for the sole purpose of making the additional
payments therefrom prescribed in this title. [1975 1st ex.s.
c 224 § 16; 1971 ex.s. c 289 § 18.]
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.44.040 Second injury fund. (1) There shall be in
the office of the state treasurer, a fund to be known and
designated as the "second injury fund", which shall be used
only for the purpose of defraying charges against it as
provided in RCW 51.16.120 and 51.32.250, as now or
hereafter amended. Said fund shall be administered by the
director. The state treasurer shall be the custodian of the
second injury fund and shall be authorized to disburse
moneys from it only upon written order of the director.
(2) Payments to the second injury fund from the
accident fund shall be made pursuant to rules and regulations
promulgated by the director.
(3) Assessments for the second injury fund shall be
imposed on self-insurers pursuant to rules and regulations
promulgated by the director to ensure that self-insurers shall
pay to such fund in the proportion that the payments made
from such fund on account of claims made against selfinsurers bears to the total sum of payments from such fund.
[1982 c 63 § 14; 1977 ex.s. c 323 § 21; 1972 ex.s. c 43 §
27; 1961 c 23 § 51.44.040. Prior: 1959 c 308 § 17; 1947
c 183 § 1; 1945 c 219 § 2; Rem. Supp. 1947 § 7676-1b.]
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.44.050 Catastrophe injury account. There shall
be a special account within the accident fund to be known as
the "catastrophe injury account" which shall be used only for
the purpose of defraying charges against it as provided in
RCW 51.16.130. [1961 c 23 § 51.44.050. Prior: 1959 c
308 § 6; 1957 c 70 § 40; prior: 1947 c 247 § 1(4f), part;
1911 c 74 § 4, part; Rem. Supp. 1947 § 7676f, part.]
51.44.060 Charge to accident fund for the catastrophe injury account. The charge to the accident fund to
defray charges against the catastrophe injury account shall be
made pursuant to rules and regulations promulgated by the
director. [1972 ex.s. c 43 § 28; 1961 c 23 § 51.44.060.
Prior: 1959 c 308 § 7; 1957 c 70 § 41; prior: 1947 c 247
[Title 51 RCW—page 58]
§ 1(4f), part; 1911 c 74 § 4, part; Rem. Supp. 1947 § 7676f,
part.]
51.44.070 Transfer from accident fund, accounts to
reserve fund—Annuity values—Self-insurers—Penalty for
delay or refusal of reimbursement. (1) For every case
resulting in death or permanent total disability the department shall transfer on its books from the accident fund of
the proper class and/or appropriate account to the "reserve
fund" a sum of money for that case equal to the estimated
present cash value of the monthly payments provided for it,
to be calculated upon the basis of an annuity covering the
payments in this title provided to be made for the case.
Such annuity values shall be based upon rates of mortality,
disability, remarriage, and interest as determined by the department, taking into account the experience of the reserve
fund in such respects.
Similarly, a self-insurer in these circumstances shall pay
into the reserve fund a sum of money computed in the same
manner, and the disbursements therefrom shall be made as
in other cases.
(2) As an alternative to payment procedures otherwise
provided under law, in the event of death or permanent total
disability to workers of self-insured employers, a self-insured
employer may upon establishment of such obligation file
with the department a bond, an assignment of account from
a federally or state chartered commercial banking institution
authorized to conduct business in the state of Washington, or
purchase an annuity, in an amount deemed by the department
to be reasonably sufficient to insure payment of the pension
benefits provided by law. Any purchase of an annuity shall
be from an institution meeting the following minimum
requirements: (a) The institution must be rated no less than
"A+" by A.M. Best, and no less than "AA" by Moody’s and
by Standard & Poor’s; (b) the value of the assets of the
institution must not be less than ten billion dollars; (c) not
more than ten percent of the institution’s assets may include
bonds that are rated less than "BBB" by Moody’s and
Standard & Poor’s; (d) not more than five percent of the
assets may be held as equity in real estate; and (e) not more
than twenty-five percent of the assets may be first mortgages, and not more than five percent may be second mortgages.
The department shall adopt rules governing assignments of
account and annuities. Such rules shall ensure that the funds
are available if needed, even in the case of failure of the
banking institution, the institution authorized to provide
annuities, or the employer’s business.
The annuity value for every such case shall be determined by the department based upon the department’s
experience as to rates of mortality, disability, remarriage, and
interest. The amount of the required bond, assignment of
account, or annuity may be reviewed and adjusted periodically by the department, based upon periodic redeterminations
by the department as to the outstanding annuity value for the
case.
Under such alternative, the department shall administer
the payment of this obligation to the beneficiary or beneficiaries. The department shall be reimbursed for all such
payments from the self-insured employer through periodic
charges not less than quarterly in a manner to be determined
by the director. The self-insured employer shall additionally
(2002 Ed.)
Funds
pay to the department a deposit equal to the first three
months’ payments otherwise required under RCW 51.32.050
and 51.32.060. Such deposit shall be placed in the reserve
fund in accordance with RCW 51.44.140 and shall be
returned to the respective self-insured employer when
monthly payments are no longer required for such particular
obligation.
If a self-insurer delays or refuses to reimburse the
department beyond fifteen days after the reimbursement
charges become due, there shall be a penalty paid by the
self-insurer upon order of the director of an additional
amount equal to twenty-five percent of the amount then due
which shall be paid into the pension reserve fund. Such an
order shall conform to the requirements of RCW 51.52.050.
[1992 c 124 § 1; 1989 c 190 § 1; 1983 c 312 § 1; 1981 c
325 § 1; 1971 ex.s. c 289 § 56; 1961 c 274 § 5; 1961 c 23
§ 51.44.070. Prior: 1959 c 308 § 8; 1957 c 70 § 42; prior:
1951 c 236 § 7; 1941 c 169 § 1; Rem. Supp. 1941 § 7705-2;
prior: 1929 c 132 § 2, part; 1927 c 310 § 4, part; 1923 c
136 § 2, part; 1919 c 131 § 4, part; 1917 c 28 § 1, part;
1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp. 1949
§ 7679, part.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.44.080 Reserve fund—Transfers from state
fund—Surplus—Deficiency. The department shall notify
the state treasurer from time to time, of such transfers as a
whole from the state fund to the reserve fund and the interest
or other earnings of the reserve fund shall become a part of
the reserve fund itself. As soon as possible after June 30th
of each year the department shall expert the reserve fund to
ascertain its standing as of June 30th of that year and the
relation of its outstanding annuities at their then value to the
cash on hand or at interest belonging to the fund. The
department shall promptly report the result of the examination to the state treasurer in writing not later than September
30th following. If the report shows that there was on said
June 30th, in the reserve fund in cash or at interest, a greater
sum than the then annuity value of the outstanding pension
obligations, the surplus shall be forthwith turned over to the
state fund but, if the report shows the contrary condition of
the reserve fund, the deficiency shall be forthwith made
good out of the state fund. [1989 c 190 § 2; 1988 c 161 §
8; 1972 ex.s. c 43 § 29; 1971 ex.s. c 289 § 57; 1961 c 23 §
51.44.080. Prior: 1957 c 70 § 43; prior: 1949 c 219 § 1,
part; 1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927 c 310
§ 4, part; 1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917
c 28 § 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5, part;
Rem. Supp. 1949 § 7679, part.]
51.44.090 Reserve fund record and maintenance by
state treasurer. The state treasurer shall keep accurate
accounts of the reserve fund and the investment and earnings
thereof, to the end that the total reserve fund shall at all
times, as nearly as may be, be properly and fully invested
and, to meet current demands for pension or lump sum
payments, may, if necessary, make temporary loans to the
reserve fund out of the accident fund, repaying the same
from the earnings of the reserve fund or from collections of
its investments or, if necessary, sales of the same. [1972
(2002 Ed.)
51.44.070
ex.s. c 43 § 31; 1961 c 23 § 51.44.090. Prior: 1957 c 70 §
44; prior: 1949 c 219 § 1, part; 1947 c 246 § 1, part; 1929
c 132 § 2, part; 1927 c 310 § 4, part; 1923 c 136 § 2, part;
1919 c 131 § 4, part; 1917 c 28 § 1, part; 1913 c 148 § 1,
part; 1911 c 74 § 5, part; Rem. Supp. 1949 § 7679, part.]
51.44.100 Investment of accident, medical aid,
reserve, supplemental pension funds. Whenever, in the
judgment of the state investment board, there shall be in the
accident fund, medical aid fund, reserve fund, or the supplemental pension fund, funds in excess of that amount deemed
by the state investment board to be sufficient to meet the
current expenditures properly payable therefrom, the state
investment board may invest and reinvest such excess funds
in the manner prescribed by RCW 43.84.150, and not
otherwise.
The state investment board may give consideration to
the investment of excess funds in federally insured student
loans made to persons in vocational training or retraining or
reeducation programs. The state investment board may
make such investments by purchasing from savings and loan
associations, commercial banks, mutual savings banks, credit
unions and other institutions authorized to be lenders under
the federally insured student loan act, organized under
federal or state law and operating in this state loans made by
such institutions to residents of the state of Washington
particularly for the purpose of vocational training or reeducation: PROVIDED, That the state investment board shall
purchase only that portion of any loan which is guaranteed
or insured by the United States of America, or by any
agency or instrumentality of the United States of America:
PROVIDED FURTHER, That the state investment board is
authorized to enter into contracts with such savings and loan
associations, commercial banks, mutual savings banks, credit
unions, and other institutions authorized to be lenders under
the federally insured student loan act to service loans
purchased pursuant to this section at an agreed upon contract
price. [1990 c 80 § 1; 1981 c 3 § 41; 1973 1st ex.s. c 103
§ 6; 1972 ex.s. c 92 § 2; 1965 ex.s. c 41 § 1; 1961 c 281 §
10; 1961 c 23 § 51.44.100. Prior: 1959 c 244 § 1; 1935 c
90 § 1; RRS § 7705-1.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Severability—1973 1st ex.s. c 103: See note following RCW
2.10.080.
Legislative finding—Purpose—1972 ex.s. c 92: "The legislature
finds that the accident fund, medical aid fund and reserve funds could be
invested in such a manner as to promote vocational training and retraining
or reeducation among the workers of this state. The legislature recognizes
that federally insured student loans are already available to students at
institutions of higher education. The legislature declares that the purpose
of this 1972 amendatory act is to encourage the state finance committee to
consider making some investment funds available for investment in federally
insured student loans made to persons enrolled in vocational training and
retraining or reeducation programs." [1972 ex.s. c 92 § 1.]
Motor vehicle fund warrants for state highway acquisition: RCW 47.12.180
through 47.12.240.
Rehabilitation services for individuals with disabilities: Chapter 74.29
RCW.
Student loans: RCW 28B.10.280.
Uniform Minor Student Capacity to Borrow Act: Chapter 26.30 RCW.
[Title 51 RCW—page 59]
51.44.110
Title 51 RCW: Industrial Insurance
51.44.110 Disbursements of funds. Disbursement out
of the several funds shall be made only upon warrants drawn
by the department. The state treasurer shall pay every
warrant out of the fund upon which it is drawn. If, at any
time, there shall not be sufficient money in the fund on
which any such warrant is drawn wherewith to pay the same,
the employer on account of whose worker it was that the
warrant was drawn shall pay the same, and he or she shall
be credited upon his or her next following contribution to
such fund the amount so paid with interest thereon at the
legal rate from the date of such payment to the date such
next following contribution became payable and, if the
amount of the credit shall exceed the amount of the contribution, he or she shall have a warrant upon the same fund for
the excess and, if any such warrant shall not be so paid, it
shall remain, nevertheless, payable out of the fund. [1977
ex.s. c 350 § 68; 1973 c 106 § 30; 1961 c 23 § 51.44.110.
Prior: 1911 c 74 § 26, part; RRS § 7705, part.]
51.44.120 Liability of state treasurer. The state
treasurer shall be liable on his official bond for the safe
custody of the moneys and securities of the several funds,
but all of the provisions of law relating to state depositaries
and to the deposit of state moneys therein shall apply to the
several funds and securities. [1961 c 23 § 51.44.120. Prior:
(i) 1911 c 74 § 26, part; RRS § 7705, part. (ii) 1917 c 28
§ 14; RRS § 7723.]
51.44.140 Self-insurer deposits into reserve fund—
Accounts within fund—Surpluses and deficits. Each selfinsurer shall make such deposits, into the reserve fund, as
the department shall require pursuant to RCW 51.44.070, as
are necessary to guarantee the payments of the pensions
established pursuant to RCW 51.32.050 and 51.32.060.
Each self-insurer shall have an account within the
reserve fund. Each such account shall be credited with its
proportionate share of interest or other earnings as determined in RCW 51.44.080.
Each such account in the reserve fund shall be experted
by the insurance commissioner as required in RCW
51.44.080. Any surpluses shall be forthwith returned to the
respective self-insurers, and each deficit shall forthwith be
made good to the reserve fund by the self-insurer. [1972
ex.s. c 43 § 30; 1971 ex.s. c 289 § 58.]
51.44.150 Assessments upon self-insurers for
administration costs. The director shall impose and collect
assessments each fiscal year upon all self-insurers in the
amount of the estimated costs of administering their portion
of this title during such fiscal year. The time and manner of
imposing and collecting assessments due the department
shall be set forth in regulations promulgated by the director
in accordance with chapter 34.05 RCW. [1971 ex.s. c 289
§ 59.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.44.160 Interfund loans between reserve and
supplemental pension funds—Audit. The director is
authorized to make periodic temporary interfund transfers between the reserve and supplemental pension funds as may be
[Title 51 RCW—page 60]
necessary to provide for payments from the supplemental
pension fund as prescribed in this title. At least once
annually, the director shall cause an audit to be made of all
pension funds administered by the department to insure that
proper crediting of funds has been made, and further to
direct transfers between the funds for any interfund loans
which may have been made in the preceding year and not
fully reimbursed. [1975 1st ex.s. c 224 § 17; 1971 ex.s. c
289 § 60.]
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.44.170 Industrial insurance premium refund
account. The industrial insurance premium refund account
is created in the custody of the state treasurer. All industrial
insurance refunds earned by state agencies or institutions of
higher education under the state fund retrospective rating
program shall be deposited into the account. The account is
subject to the allotment procedures under chapter 43.88
RCW, but no appropriation is required for expenditures from
the account. Only the executive head of the agency or
institution of higher education, or designee, may authorize
expenditures from the account. No agency or institution of
higher education may make an expenditure from the account
for an amount greater than the refund earned by the agency.
If the agency or institution of higher education has staff
dedicated to workers’ compensation claims management,
expenditures from the account must be used to pay for that
staff, but additional expenditure from the account may be
used for any program within an agency or institution of
higher education that promotes or provides incentives for
employee workplace safety and health and early, appropriate
return-to-work for injured employees. During the 2001-2003
fiscal biennium, the legislature may transfer from the
industrial insurance premium refund account to the state
general fund such amounts as reflect the reductions made by
the 2002 supplemental appropriations act for administrative
efficiencies and savings. [2002 c 371 § 916; 1997 c 327 §
1; 1991 sp.s. c 13 § 29; 1990 c 204 § 2.]
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Findings—Purpose—1990 c 204: "The legislature finds that
workplace safety in state employment is of paramount importance in
maintaining a productive and committed state work force. The legislature
also finds that recognition in state agencies and institutions of higher
education of industrial insurance programs that provide safe working
environments and promote early return-to-work for injured employees will
encourage agencies and institutions of higher education to develop these
programs. A purpose of this act is to provide incentives for agencies and
institutions of higher education to participate in industrial insurance safety
programs and return-to-work programs by authorizing use of the industrial
insurance premium refunds earned by agencies or institutions of higher
education participating in industrial insurance retrospective rating programs.
Since agency and institution of higher education retrospective rating refunds
are generated from safety performance and cannot be set at predictable
levels determined by the budget process, the incentive awards should not
impact an agency’s or institution of higher education’s legislatively
approved budget." [1997 c 327 § 2; 1990 c 204 § 1.]
Effective date—1990 c 204 § 2: "Section 2 of this act shall take
effect July 1, 1990." [1990 c 204 § 6.]
(2002 Ed.)
Penalties
Chapter 51.48
PENALTIES
Sections
51.48.010
51.48.017
51.48.020
51.48.025
51.48.030
51.48.040
51.48.050
51.48.060
51.48.080
51.48.090
51.48.100
51.48.103
51.48.105
51.48.110
51.48.120
51.48.131
51.48.140
51.48.150
51.48.160
51.48.170
51.48.180
51.48.190
51.48.200
51.48.210
51.48.220
51.48.230
51.48.240
51.48.250
51.48.260
51.48.270
51.48.280
51.48.290
Employer’s liability for penalties, injury or disease occurring
before payment of compensation secured.
Self-insurer delaying or refusing to pay benefits.
Employer’s false reporting or failure to secure payment of
compensation—False information by claimants.
Retaliation by employer prohibited—Investigation—
Remedies.
Failure to keep records and make reports.
Inspection of employer’s records.
Liability for illegal collections for medical aid.
Physician—Failure to report or comply.
Violation of rules.
Collection.
Waiver—Penalty-free periods.
Engaging in business without certificate of coverage.
Failure to apply for coverage of employees—Not applicable,
when.
Decedent having no beneficiaries—Payment into supplemental pension fund.
Notice of assessment for default in payments by employer—
Issuance—Service—Contents.
Notice of assessment for default in payments by employer—
Appeal.
Notice of assessment for employer’s default in payments—
When amount becomes final—Warrant—Execution—
Garnishment—Fees.
Notice of assessment for employer’s default in payments—
Notice to withhold and deliver property due employer.
Revocation of certificate of coverage for failure to pay warrants or taxes.
Emergency assessment and collection of taxes.
Emergency assessment and collection of taxes—Distraint
and sale of property.
Emergency assessment and collection of taxes—Conduct of
sale.
Search and seizure of property to satisfy tax warrant or assessment—Issuance and execution of search warrant.
Delinquent taxes.
Order of execution upon property—Procedure—Sale.
Order of execution upon property—Enforcement.
Agents and employees of department not personally liable—
Conditions.
Liability of persons wilfully obtaining erroneous payments—
Civil penalties.
Liability of persons unintentionally obtaining erroneous
payments.
Criminal liability of persons making false statements or
concealing information.
Kickbacks, bribes, and rebates—Representation fees—
Criminal liability—Exceptions.
Written verification by health services providers.
51.48.010 Employer’s liability for penalties, injury
or disease occurring before payment of compensation
secured. Every employer shall be liable for the penalties
described in this title and may also be liable if an injury or
occupational disease has been sustained by a worker prior to
the time he or she has secured the payment of such compensation to a penalty in a sum not less than fifty percent nor
more than one hundred percent of the cost for such injury or
occupational disease. Any employer who has failed to
secure payment of compensation for his or her workers
covered under this title may also be liable to a maximum
penalty in a sum of five hundred dollars or in a sum double
the amount of premiums incurred prior to securing payment
of compensation under this title, whichever is greater, for the
benefit of the medical aid fund. [1985 c 347 § 2; 1982 c 63
(2002 Ed.)
Chapter 51.48
§ 20; 1977 ex.s. c 350 § 69; 1971 ex.s. c 289 § 61; 1961 c
23 § 51.48.010. Prior: 1947 c 247 § 1(4d), part; Rem.
Supp. 1947 § 7676d, part.]
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.48.017 Self-insurer delaying or refusing to pay
benefits. If a self-insurer unreasonably delays or refuses to
pay benefits as they become due there shall be paid by the
self-insurer upon order of the director an additional amount
equal to five hundred dollars or twenty-five percent of the
amount then due, whichever is greater, which shall accrue
for the benefit of the claimant and shall be paid to him with
the benefits which may be assessed under this title. The
director shall issue an order determining whether there was
an unreasonable delay or refusal to pay benefits within thirty
days upon the request of the claimant. Such an order shall
conform to the requirements of RCW 51.52.050. [1985 c
347 § 3; 1971 ex.s. c 289 § 66.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.48.020 Employer’s false reporting or failure to
secure payment of compensation—False information by
claimants. (1)(a) Any employer, who knowingly misrepresents to the department the amount of his or her payroll or
employee hours upon which the premium under this title is
based, shall be liable to the state for up to ten times the
amount of the difference in premiums paid and the amount
the employer should have paid and for the reasonable
expenses of auditing his or her books and collecting such
sums. Such liability may be enforced in the name of the
department.
(b) An employer is guilty of a class C felony, if:
(i) The employer, with intent to evade determination and
payment of the correct amount of the premiums, knowingly
makes misrepresentations regarding payroll or employee
hours; or
(ii) The employer engages in employment covered under
this title and, with intent to evade determination and payment
of the correct amount of the premiums, knowingly fails to
secure payment of compensation under this title or knowingly fails to report the payroll or employee hours related to
that employment.
(c) Upon conviction under (b) of this subsection, the
employer shall be ordered by the court to pay the premium
due and owing, a penalty in the amount of one hundred
percent of the premium due and owing, and interest on the
premium and penalty from the time the premium was due
until the date of payment. The court shall:
(i) Collect the premium and interest and transmit it to
the department of labor and industries; and
(ii) Collect the penalty and disburse it pro rata as
follows: One-third to the investigative agencies involved;
one-third to the prosecuting authority; and one-third to the
general fund of the county in which the matter was prosecuted.
Payments collected under this subsection must be
applied until satisfaction of the obligation in the following
order: Premium payments; penalty; and interest.
[Title 51 RCW—page 61]
51.48.020
Title 51 RCW: Industrial Insurance
(2) Any person claiming benefits under this title, who
knowingly gives false information required in any claim or
application under this title shall be guilty of a felony, or
gross misdemeanor in accordance with the theft and anticipatory provisions of Title 9A RCW. [1997 c 324 § 1;
1995 c 160 § 4; 1987 c 221 § 1; 1977 ex.s. c 323 § 22;
1971 ex.s. c 289 § 63; 1961 c 23 § 51.48.020. Prior: 1947
c 247 § 1(4d), part; Rem. Supp. 1947 § 7676d, part.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.48.025 Retaliation by employer prohibited—
Investigation—Remedies. (1) No employer may discharge
or in any manner discriminate against any employee because
such employee has filed or communicated to the employer
an intent to file a claim for compensation or exercises any
rights provided under this title. However, nothing in this
section prevents an employer from taking any action against
a worker for other reasons including, but not limited to, the
worker’s failure to observe health or safety standards
adopted by the employer, or the frequency or nature of the
worker’s job-related accidents.
(2) Any employee who believes that he or she has been
discharged or otherwise discriminated against by an employer in violation of this section may file a complaint with the
director alleging discrimination within ninety days of the
date of the alleged violation. Upon receipt of such complaint, the director shall cause an investigation to be made as
the director deems appropriate. Within ninety days of the
receipt of a complaint filed under this section, the director
shall notify the complainant of his or her determination. If
upon such investigation, it is determined that this section has
been violated, the director shall bring an action in the
superior court of the county in which the violation is alleged
to have occurred.
(3) If the director determines that this section has not
been violated, the employee may institute the action on his
or her own behalf.
(4) In any action brought under this section, the superior
court shall have jurisdiction, for cause shown, to restrain
violations of subsection (1) of this section and to order all
appropriate relief including rehiring or reinstatement of the
employee with back pay. [1985 c 347 § 8.]
51.48.030 Failure to keep records and make
reports. Every employer who fails to keep and preserve the
records required by this title or fails to make the reports
provided in this title shall be subject to a penalty determined
by the director but not to exceed two hundred fifty dollars or
two hundred percent of the quarterly tax for each such
offense, whichever is greater. Any employer who fails to
keep and preserve the records adequate to determine taxes
due shall be forever barred from questioning, in an appeal
before the board of industrial insurance appeals or the courts,
the correctness of any assessment by the department based
on any period for which such records have not been kept and
preserved. [1986 c 9 § 8; 1985 c 347 § 4; 1982 c 63 § 21;
1971 ex.s. c 289 § 64; 1961 c 23 § 51.48.030. Prior: 1947
c 247 § 1(4d), part; Rem. Supp. 1947 § 7676d, part.]
[Title 51 RCW—page 62]
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.48.040 Inspection of employer’s records. The
books, records and payrolls of the employer pertinent to the
administration of this title shall always be open to inspection
by the department or its traveling auditor, agent or assistant,
for the purpose of ascertaining the correctness of the payroll,
the persons employed, and such other information as may be
necessary for the department and its management under this
title. Refusal on the part of the employer to submit his
books, records and payrolls for such inspection to the
department, or any assistant presenting written authority
from the director, shall subject the offending employer to a
penalty determined by the director but not to exceed two
hundred fifty dollars for each offense and the individual who
personally gives such refusal shall be guilty of a misdemeanor. Any employer who fails to allow adequate inspection in
accordance with the requirements of this section is subject to
having its certificate of coverage revoked by order of the
department and is forever barred from questioning in any
proceeding in front of the board of industrial insurance appeals or any court, the correctness of any assessment by the
department based on any period for which such records have
not been produced for inspection. [1986 c 9 § 9; 1985 c 347
§ 5; 1961 c 23 § 51.48.040. Prior: 1911 c 74 § 15, part;
RRS § 7690, part.]
51.48.050 Liability for illegal collections for medical
aid. It shall be unlawful for any employer to directly or
indirectly demand or collect from any of his or her workers
any sum of money whatsoever for or on account of medical,
surgical, hospital, or other treatment or transportation of
injured workers, other than as specified in RCW 51.16.140,
and any employer who directly or indirectly violates the
foregoing provisions of this section shall be liable to the
state for the benefit of the medical aid fund in ten times the
amount so demanded or collected, and such employer and
every officer, agent, or servant of such employer knowingly
participating therein shall also be guilty of a misdemeanor.
[1980 c 14 § 13. Prior: 1977 ex.s. c 350 § 70; 1977 ex.s.
c 323 § 23; 1961 c 23 § 51.48.050; prior: 1917 c 28 § 17;
RRS § 7726.]
Severability—Effective date—1977 ex.s. c 323: See notes following
RCW 51.04.040.
51.48.060 Physician—Failure to report or comply.
Any physician who fails, neglects or refuses to file a report
with the director, as required by this title, within five days
of the date of treatment, showing the condition of the injured
worker at the time of treatment, a description of the treatment given, and an estimate of the probable duration of the
injury, or who fails or refuses to render all necessary
assistance to the injured worker, as required by this title,
shall be subject to a civil penalty determined by the director
but not to exceed two hundred fifty dollars. [1985 c 347 §
6; 1977 ex.s. c 350 § 71; 1971 ex.s. c 289 § 20; 1961 c 23
§ 51.48.060. Prior: 1927 c 310 § 6(e), part; 1921 c 182 §
7, part; 1911 c 74 § 12, part; RRS § 7686(e), part.]
(2002 Ed.)
Penalties
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.48.080 Violation of rules. Every person, firm or
corporation who violates or fails to obey, observe or comply
with any rule of the department promulgated under authority
of this title, shall be subject to a penalty of not to exceed
five hundred dollars. [1985 c 347 § 7; 1961 c 23 §
51.48.080. Prior: 1915 c 188 § 8; RRS § 7704.]
51.48.090 Collection. Civil penalties to the state
under this title shall be collected by civil action in the name
of the state and paid into the accident fund unless a different
fund is designated. [1961 c 23 § 51.48.090. Prior: (i) 1947
c 247 § 1, part; Rem. Supp. 1947 § 7676d, part. (ii) 1911
c 74 § 15, part; RRS § 7690, part. (iii) 1917 c 28 § 17,
part; RRS § 7726, part.]
51.48.100 Waiver—Penalty-free periods. (1) The
director may waive the whole or any part of any penalty
charged under this title.
(2) Until June 30, 1986: (a) The director may, at his or
her discretion, declare a penalty-free period of no more than
three months only for employers who have never previously
registered under RCW 51.16.110 for eligible employees
under Title 51 RCW; and (b) such employers may qualify
once for penalty-free status upon payment of up to one
year’s past due premium in full and satisfaction of the
requirements of RCW 51.16.110. Such employers shall be
subject to all penalties for any subsequent failure to comply
with the requirements of this title. [1985 c 227 § 1; 1961 c
23 § 51.48.100. Prior: 1947 c 247 § 1, part; Rem. Supp.
1947 § 7676d, part.]
Effective date—1985 c 227: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 c 227 § 2.]
51.48.103 Engaging in business without certificate
of coverage. (1) It is unlawful:
(a) For any employer to engage in business subject to
this title without having obtained a certificate of coverage as
provided for in this title;
(b) For the president, vice-president, secretary, treasurer,
or other officer of any company to cause or permit the
company to engage in business subject to this title without
having obtained a certificate of coverage as provided for in
this title.
Any person violating any of the provisions of this
subsection is guilty of a gross misdemeanor punishable under
RCW 9A.20.021.
(2) It is unlawful:
(a) For any employer to engage in business subject to
this title after the employer’s certificate of coverage has been
revoked by order of the department;
(b) For the president, vice-president, secretary, treasurer,
or other officer of any company to cause or permit the
company to engage in business subject to this title after
revocation of a certificate of coverage.
Any person violating any of the provisions of this
subsection is guilty of a class C felony punishable under
RCW 9A.20.021. [1986 c 9 § 12.]
(2002 Ed.)
51.48.060
51.48.105 Failure to apply for coverage of employees—Not applicable, when. The penalties provided under
this title for failure to apply for coverage for employees as
required by the provisions of Title 51 RCW, the worker’s
compensation law, shall not be applicable prior to March 1,
1972, as to any employer whose work first became subject
to this title on or after January 1, 1972. [1977 ex.s. c 350 §
73; 1972 ex.s. c 78 § 1.]
51.48.110 Decedent having no beneficiaries—
Payment into supplemental pension fund. Where death
results from the injury or occupational disease and the
deceased leaves no beneficiaries, a self-insurer shall pay into
the supplemental pension fund the sum of ten thousand
dollars, less any amount that the self-insurer paid under
RCW 51.32.040(2) as payment due for the period of time
before the worker’s death. [1999 c 185 § 2; 1986 c 56 § 1;
1971 ex.s. c 289 § 65.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.48.120 Notice of assessment for default in
payments by employer—Issuance—Service—Contents.
If any employer should default in any payment due to the
state fund the director or the director’s designee may issue
a notice of assessment certifying the amount due, which
notice shall be served upon the employer by mailing such
notice to the employer by certified mail to the employer’s
last known address or served in the manner prescribed for
the service of a summons in a civil action. Such notice shall
contain the information that an appeal must be filed with the
board of industrial insurance appeals and the director by mail
or personally within thirty days of the date of service of the
notice of assessment in order to appeal the assessment unless
a written request for reconsideration is filed with the
department of labor and industries. [1995 c 160 § 5; 1986
c 9 § 10; 1985 c 315 § 6; 1972 ex.s. c 43 § 32.]
51.48.131 Notice of assessment for default in
payments by employer—Appeal. A notice of assessment
becomes final thirty days from the date the notice of assessment was served upon the employer unless: (1) A written
request for reconsideration is filed with the department of
labor and industries, or (2) an appeal is filed with the board
of industrial insurance appeals and sent to the director of
labor and industries by mail or delivered in person. The
appeal shall not be denied solely on the basis that it was not
filed with both the board and the director if it was filed with
either the board or the director. The appeal shall set forth
with particularity the reason for the employer’s appeal and
the amounts, if any, that the employer admits are due.
The department, within thirty days after receiving a
notice of appeal, may modify, reverse, or change any notice
of assessment, or may hold any such notice of assessment in
abeyance pending further investigation, and the board shall
thereupon deny the appeal, without prejudice to the
employer’s right to appeal from any subsequent determinative notice of assessment issued by the department.
The burden of proof rests upon the employer in an
appeal to prove that the taxes and penalties assessed upon
the employer in the notice of assessment are incorrect. The
[Title 51 RCW—page 63]
51.48.131
Title 51 RCW: Industrial Insurance
department shall promptly transmit its original record, or a
legible copy thereof, produced by mechanical, photographic,
or electronic means, in such matter to the board. RCW
51.52.080 through 51.52.106 govern appeals under this
section. Further appeals taken from a final decision of the
board under this section are governed by the provisions
relating to judicial review of administrative decisions
contained in RCW 34.05.510 through 34.05.598, and the
department has the same right of review from the board’s
decisions as do employers. [1989 c 175 § 120; 1987 c 316
§ 3; 1985 c 315 § 7.]
Effective date—1989 c 175: See note following RCW 34.05.010.
51.48.140 Notice of assessment for employer’s
default in payments—When amount becomes final—
Warrant—Execution—Garnishment—Fees. If a notice of
appeal is not served on the director and the board of industrial insurance appeals pursuant to RCW 51.48.131 within
thirty days from the date of service of the notice of assessment, or if a final decision and order of the board of
industrial insurance appeals in favor of the department is not
appealed to superior court in the manner specified in RCW
34.05.510 through 34.05.598, or if a final decision of any
court in favor of the department is not appealed within the
time allowed by law, then the amount of the unappealed
assessment, or such amount of the assessment as is found
due by the final decision and order of the board of industrial
insurance appeals or final decision of the court shall be
deemed final and the director or the director’s designee may
file with the clerk of any county within the state a warrant
in the amount of the notice of assessment. The clerk of the
county wherein the warrant is filed shall immediately
designate a superior court cause number for such warrant,
and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the
warrant, the name of such employer mentioned in the
warrant, the amount of the taxes and penalties due thereon,
and the date when such warrant was filed. The aggregate
amount of such warrant as docketed shall become a lien
upon the title to, and interest in all real and personal property of the employer against whom the warrant is issued, the
same as a judgment in a civil case duly docketed in the
office of such clerk. The sheriff shall thereupon proceed
upon the same in all respects and with like effect as prescribed by law with respect to execution or other process issued against rights or property upon judgment in the superior
court. Such warrant so docketed shall be sufficient to
support the issuance of writs of garnishment in favor of the
state in a manner provided by law in case of judgment,
wholly or partially unsatisfied. The clerk of the court shall
be entitled to a filing fee under RCW 36.18.012(10), which
shall be added to the amount of the warrant. A copy of such
warrant shall be mailed to the employer within three days of
filing with the clerk. [2001 c 146 § 11; 1989 c 175 § 121;
1985 c 315 § 8; 1972 ex.s. c 43 § 34.]
Effective date—1989 c 175: See note following RCW 34.05.010.
51.48.150 Notice of assessment for employer’s
default in payments—Notice to withhold and deliver
property due employer. The director or the director’s
designee is hereby authorized to issue to any person, firm,
[Title 51 RCW—page 64]
corporation, municipal corporation, political subdivision of
the state, a public corporation, or any agency of the state, a
notice and order to withhold and deliver property of any
kind whatsoever when he or she has reason to believe that
there is in the possession of such person, firm, corporation,
municipal corporation, political subdivision of the state,
public corporation, or any agency of the state, property
which is or shall become due, owing, or belonging to any
employer upon whom a notice of assessment has been served
by the department for payments due to the state fund. The
effect of a notice and order to withhold and deliver shall be
continuous from the date such notice and order to withhold
and deliver is first made until the liability out of which such
notice and order to withhold and deliver arose is satisfied or
becomes unenforceable because of lapse of time. The
department shall release the notice and order to withhold and
deliver when the liability out of which the notice and order
to withhold and deliver arose is satisfied or becomes
unenforceable by reason of lapse of time and shall notify the
person against whom the notice and order to withhold and
deliver was made that such notice and order to withhold and
deliver has been released.
The notice and order to withhold and deliver shall be
served by the sheriff of the county or by the sheriff’s deputy,
by certified mail, return receipt requested, or by any duly
authorized representatives of the director. Any person, firm,
corporation, municipal corporation, political subdivision of
the state, public corporation or any agency of the state upon
whom service has been made is hereby required to answer
the notice within twenty days exclusive of the day of service,
under oath and in writing, and shall make true answers to
the matters inquired of in the notice and order to withhold
and deliver. In the event there is in the possession of the
party named and served with a notice and order to withhold
and deliver, any property which may be subject to the claim
of the department, such property shall be delivered forthwith
to the director or the director’s duly authorized representative
upon service of the notice to withhold and deliver which will
be held in trust by the director for application on the
employer’s indebtedness to the department, or for return
without interest, in accordance with a final determination of
a petition for review, or in the alternative such party shall
furnish a good and sufficient surety bond satisfactory to the
director conditioned upon final determination of liability.
Should any party served and named in the notice to withhold
and deliver fail to make answer to such notice and order to
withhold and deliver, within the time prescribed herein, it
shall be lawful for the court, after the time to answer such
order has expired, to render judgment by default against the
party named in the notice to withhold and deliver for the full
amount claimed by the director in the notice to withhold and
deliver together with costs. In the event that a notice to
withhold and deliver is served upon an employer and the
property found to be subject thereto is wages, then the
employer shall be entitled to assert in the answer to all
exemptions provided for by chapter 6.27 RCW to which the
wage earner may be entitled. [1995 c 160 § 6; 1987 c 442
§ 1119; 1986 c 9 § 11; 1972 ex.s. c 43 § 35.]
51.48.160 Revocation of certificate of coverage for
failure to pay warrants or taxes. If any warrant issued
(2002 Ed.)
Penalties
under this title is not paid within thirty days after it has been
filed with the clerk of the superior court, or if any employer
is delinquent, for three consecutive reporting periods, in the
transmission to the department of taxes due, the department
may, by order issued under its official seal, revoke the
certificate of coverage of the employer against whom the
warrant was issued; and if the order is entered, a copy thereof shall be posted in a conspicuous place at the main
entrance to the employer’s place of business and shall
remain posted until such time as the warrant has been paid.
Any certificate so revoked shall not be reinstated, nor shall
a new certificate of coverage be issued to the employer, until
the amount due on the warrant has been paid, or provisions
for payment satisfactory to the department have been
entered, and until the taxpayer has deposited with the
department such security for payment of any taxes, increases,
and penalties, due or which may become due in an amount
and under such terms and conditions as the department may
require, but the amount of the security shall not be greater
than one-half the estimated average annual taxes of the
employer. [1986 c 9 § 13.]
51.48.170 Emergency assessment and collection of
taxes. If the director or the director’s designee has reason
to believe that an employer is insolvent or about to cease
business, leave the state, or remove or dissipate assets out of
which taxes or penalties might be satisfied, and the collection of any taxes accrued will be jeopardized by delaying
collection, the director or the director’s designee may make
an immediate assessment thereof and may proceed to enforce
collection immediately under the terms of RCW 51.48.180
and 51.48.190, but interest and penalties shall not begin to
accrue upon any taxes until the date when such taxes would
normally have become delinquent. [1986 c 9 § 14.]
51.48.180 Emergency assessment and collection of
taxes—Distraint and sale of property. If the amount of
taxes, interest, or penalties assessed by the director or the
director’s designee by order and notice of assessment
pursuant to RCW 51.48.170 is not paid within ten days after
the service or mailing of the order and notice of assessment,
the director or the director’s designee may collect the
amount stated in said assessment by the distraint, seizure,
and sale of the property, goods, chattels, and effects of the
delinquent employer. There shall be exempt from distraint
and sale under this section such goods and property as are
exempt from execution under the laws of this state. [1986
c 9 § 15.]
51.48.190 Emergency assessment and collection of
taxes—Conduct of sale. The director or the director’s
designee, upon making a distraint pursuant to RCW
51.48.170 and 51.48.180, shall seize the property and shall
make an inventory of the property distrained, a copy of
which shall be mailed to the owner of such property or
personally delivered to the owner, and shall specify the time
and place when the property shall be sold. A notice specifying the property to be sold and the time and place of sale
shall be posted in at least two public places in the county
wherein the seizure has been made. The time of sale shall
be not less than twenty days from the date of posting of such
(2002 Ed.)
51.48.160
notices. The sale may be adjourned from time to time at the
discretion of the director or the director’s designee, but not
for a time to exceed in all sixty days. No sale shall take
place if an appeal is pending. The sale shall be conducted
by the director or the director’s designee who shall proceed
to sell such property by parcel or by lot at a public auction,
and who may set a minimum price to include the expenses
of making a levy and of advertising the sale, and if the
amount bid for such property at the sale is not equal to the
minimum price so fixed, the director or the director’s
designee may declare such property to be purchased by the
department for such minimum price. In such event the
delinquent account shall be credited with the amount for
which the property has been sold. Property acquired by the
department as herein prescribed may be sold by the director
or the director’s designee at public or private sale, and the
amount realized shall be placed in the state of Washington
industrial insurance fund.
In all cases of sale, as aforesaid, the director or the
director’s designee shall issue a bill of sale or a deed to the
purchaser and the bill of sale or deed shall be prima facie
evidence of the right of the director or the director’s
designee to make such sale and conclusive evidence of the
regularity of the proceeding in making the sale, and shall
transfer to the purchaser all right, title, and interest of the
delinquent employer in said property. The proceeds of any
such sale, except in those cases wherein the property has
been acquired by the department, shall be first applied by the
director or the director’s designee in satisfaction of the
delinquent account, and out of any sum received in excess
of the amount of delinquent taxes, interest, and penalties the
industrial insurance fund shall be reimbursed for the costs of
distraint and sale. Any excess which shall thereafter remain
in the hands of the director or the director’s designee shall
be refunded to the delinquent employer. Sums so refundable
to a delinquent employer may be subject to seizure or
distraint in the hands of the director or the director’s
designee by any other taxing authority of the state or its
political subdivisions. [1986 c 9 § 16.]
51.48.200 Search and seizure of property to satisfy
tax warrant or assessment—Issuance and execution of
search warrant. (1) When there is probable cause to
believe that there is property within this state not otherwise
exempt from process or execution in the possession or
control of any employer against whom a tax warrant issued
under RCW 51.48.140 has been filed which remains unsatisfied, or an assessment issued pursuant to RCW 51.48.170,
any judge of the superior court or district court in the county
in which such property is located may, upon the request of
the sheriff or agent of the department authorized to collect
taxes, issue a warrant directed to the officers commanding
the search for and seizure of the property described in the
request for warrant.
(2) The procedure for the issuance, and execution and
return of the warrant authorized by this section and for
return of any property seized shall be the criminal rules of
the superior court and the district court.
(3) The sheriff or agent of the department shall levy
execution upon property seized under this section as provided in RCW 51.48.220 and 51.48.230.
[Title 51 RCW—page 65]
51.48.200
Title 51 RCW: Industrial Insurance
(4) This section does not require the application for or
issuance of any warrant not otherwise required by law.
[1986 c 9 § 17.]
51.48.210 Delinquent taxes. If payment of any tax
due is not received by the department by the due date, there
shall be assessed a penalty of five percent of the amount of
the tax for the first month or part thereof of delinquency;
there shall be assessed a total penalty of ten percent of the
amount of the tax for the second month or part thereof of
delinquency; and there shall be assessed a total penalty of
twenty percent of the amount of the tax for the third month
or part thereof of delinquency. No penalty so added may be
less than ten dollars. If a warrant is issued by the department for the collection of taxes, increases, and penalties,
there shall be added thereto a penalty of five percent of the
amount of the tax, but not less than five dollars nor greater
than one hundred dollars. In addition, delinquent taxes shall
bear interest at the rate of one percent of the delinquent
amount per month or fraction thereof from and after the due
date until payment, increases, and penalties are received by
the department. [1987 c 111 § 8; 1986 c 9 § 18.]
Conflict with federal requirements—Severability—Effective date—
1987 c 111: See notes following RCW 50.12.220.
51.48.220 Order of execution upon property—
Procedure—Sale. The department may issue an order of
execution, pursuant to a filed warrant, under its official seal
directed to the sheriff of the county in which the warrant has
been filed, commanding the sheriff to levy upon and sell the
real and/or personal property of the taxpayer found within
the county, or so much thereof as may be necessary, for the
payment of the amount of the warrant, plus the cost of
executing the warrant, and return the warrant to the department and pay to it the money collected by virtue thereof
within sixty days after the receipt of the warrant. The
sheriff shall thereupon proceed upon the same in all respects
and with like effect as prescribed by law with respect to
execution or other process issued against rights or property
upon judgments of the superior court.
The sheriff shall be entitled to fees as provided by law
for services in levying execution on a superior court judgment and the clerk shall be entitled to a filing fee as provided by law, which shall be added to the amount of the warrant.
The proceeds received from any sale shall be credited
upon the amount due under the warrant and when the final
amount due is received, together with interest, penalties, and
costs, the judgment docket shall show the claim for taxes to
be satisfied and the clerk of the court shall so note upon the
docket. Any surplus received from any sale of property
shall be paid to the taxpayer or to any lien holder entitled
thereto. If the return on the warrant shows that the same has
not been satisfied in full, the amount of the deficiency shall
remain the same as a judgment against the taxpayer which
may be collected in the same manner as the original amount
of the warrant. [1986 c 9 § 21.]
51.48.230 Order of execution upon property—
Enforcement. In the discretion of the department, an order
of execution of like terms, force, and effect may be issued
[Title 51 RCW—page 66]
and directed to any agent of the department authorized to
collect taxes, and in the execution thereof such agent shall
have all the powers conferred by law upon sheriffs, but shall
not be entitled to any fee or compensation in excess of the
actual expenses paid in the performance of such duty, which
shall be added to the amount of the warrant. [1986 c 9 §
22.]
51.48.240 Agents and employees of department not
personally liable—Conditions. When recovery is had in
any suit or proceeding against an officer, agent, or employee
of the department for any act done by that person or for the
recovery of any money exacted by or paid to that person and
by that person paid over to the department, in the performance of the person’s official duty, and the court certifies
that there was probable cause for the act done by such
officer, agent, or employee, or that he or she acted under the
direction of the department or an officer thereof, no execution shall issue against such officer, agent, or employee, but
the amount so recovered shall, upon final judgment, be paid
by the department as an expense of operation. [1986 c 9 §
23.]
51.48.250 Liability of persons wilfully obtaining
erroneous payments—Civil penalties. (1) No person, firm,
corporation, partnership, association, agency, institution, or
other legal entity, but not including an industrially injured
recipient of health service, shall, on behalf of himself or
others, obtain or attempt to obtain payments under this
chapter in a greater amount than that to which entitled by
means of:
(a) A wilful false statement;
(b) Wilful misrepresentation, or by concealment of any
material facts; or
(c) Other fraudulent scheme or device, including, but
not limited to:
(i) Billing for services, drugs, supplies, or equipment
that were not furnished, of lower quality, or a substitution or
misrepresentation of items billed; or
(ii) Repeated billing for purportedly covered items,
which were not in fact so covered.
(2) Any person, firm, corporation, partnership, association, agency, institution, or other legal entity knowingly
violating any of the provisions of subsection (1) of this
section shall be liable for repayment of any excess payments
received, plus interest on the amount of the excess benefits
or payments at the rate of one percent each month for the
period from the date upon which payment was made to the
date upon which repayment is made to the state. Such
person or other entity shall further, in addition to any other
penalties provided by law, be subject to civil penalties. The
director of the department of labor and industries may assess
civil penalties in an amount not to exceed the greater of one
thousand dollars or three times the amount of such excess
benefits or payments: PROVIDED, That these civil penalties shall not apply to any acts or omissions occurring prior
to April 1, 1986.
(3) A criminal action need not be brought against a
person, firm, corporation, partnership, association, agency,
institution, or other legal entity for that person or entity to be
civilly liable under this section.
(2002 Ed.)
Penalties
(4) Civil penalties shall be deposited in the general fund
upon their receipt. [1986 c 200 § 4.]
51.48.260 Liability of persons unintentionally
obtaining erroneous payments. Any person, firm, corporation, partnership, association, agency, institution, or other
legal entity, but not including an industrially injured recipient
of health services, that, without intent to violate this chapter,
obtains payments under Title 51 RCW to which such person
or entity is not entitled, shall be liable for: (1) Any excess
payments received; and (2) interest on the amount of excess
payments at the rate of one percent each month for the
period from the date upon which payment was made to the
date upon which repayment is made to the state. [1986 c
200 § 3.]
51.48.270 Criminal liability of persons making false
statements or concealing information. Any person, firm,
corporation, partnership, association, agency, institution, or
other legal entity, but not including an injured worker or
beneficiary, that:
(1) Knowingly makes or causes to be made any false
statement or representation of a material fact in any application for any payment under this title; or
(2) At any time knowingly makes or causes to be made
any false statement or representation of a material fact for
use in determining rights to such payment, or knowingly
falsifies, conceals, or covers up by any trick, scheme, or
device a material fact in connection with such application or
payment; or
(3) Having knowledge of the occurrence of any event
affecting (a) the initial or continued right to any payment, or
(b) the initial or continued right to any such payment of any
other individual in whose behalf he or she has applied for or
is receiving such payment, conceals or fails to disclose such
event with an intent fraudulently to secure such payment
either in a greater amount or quantity than is due or when no
such payment is authorized;
shall be guilty of a class C felony: PROVIDED, That the
fine, if imposed, shall not be in an amount more than
twenty-five thousand dollars, except as authorized by RCW
9A.20.030. [1987 c 470 § 2; 1986 c 200 § 5.]
51.48.280 Kickbacks, bribes, and rebates—
Representation fees—Criminal liability—Exceptions. (1)
Any person, firm, corporation, partnership, association,
agency, institution, or other legal entity, that solicits or
receives any remuneration (including any kickback, bribe, or
rebate) directly or indirectly, overtly or covertly, in cash or
in kind:
(a) In return for referring an individual to a person for
the furnishing or arranging for the furnishing of any item or
service for which payment may be made in whole or in part
under this chapter; or
(b) In return for purchasing, leasing, ordering, or
arranging for or recommending purchasing, leasing, or
ordering any goods, facility, service, or item for which
payment may be made in whole or in part under this chapter;
shall be guilty of a class C felony. However, the fine, if
imposed, shall not be in an amount more than twenty-five
thousand dollars, except as authorized by RCW 9A.20.030.
(2002 Ed.)
51.48.250
(2) Any person, firm, corporation, partnership, association, agency, institution, or other legal entity, that offers or
pays any remuneration (including any kickback, bribe, or
rebate) directly or indirectly, overtly or covertly, in cash or
in kind to any person to induce such person:
(a) To refer an individual to a person for the furnishing
or arranging for the furnishing of any item or service for
which payment may be made, in whole or in part, under this
chapter; or
(b) To purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any goods, facility,
service, or item for which payment may be made in whole
or in part under this chapter;
shall be guilty of a class C felony. However, the fine, if
imposed, shall not be in an amount more than twenty-five
thousand dollars, except as authorized by RCW 9A.20.030.
(3) A health services provider who (a) provides a health
care service to a claimant, while acting as the claimant’s
representative for the purpose of obtaining authorization for
the services, and (b) charges a percentage of the claimant’s
benefits or other fee for acting as the claimant’s representative under this title shall be guilty of a gross misdemeanor. However, the fine, if imposed, shall not be in an
amount more than twenty-five thousand dollars, except as
authorized by RCW 9A.20.030.
(4) Subsections (1) and (2) of this section shall not
apply to:
(a) A discount or other reduction in price obtained by a
provider of services or other entity under this chapter if the
reduction in price is properly disclosed and appropriately
reflected in the costs claimed or charges made by the
provider or entity under this chapter; and
(b) Any amount paid by an employer to an employee
(who has a bona fide employment relationship with such
employer) for employment in the provision of covered items
or services.
(5) Subsections (1) and (2) of this section, if applicable
to the conduct involved, shall supersede the criminal provisions of chapter 19.68 RCW, but shall not preclude administrative proceedings authorized by chapter 19.68 RCW.
[1997 c 336 § 1; 1986 c 200 § 6.]
51.48.290 Written verification by health services
providers. The director of the department of labor and
industries may by rule require that any application,
statement, or form filled out by any health services provider
under this title shall contain or be verified by a written
statement that it is made under the penalties of perjury and
such declaration shall be in lieu of any oath otherwise
required, and each such paper shall in such event so state.
The making or subscribing of any such papers or forms
containing any false or misleading information may be
prosecuted and punished under chapter 9A.72 RCW. [1986
c 200 § 7.]
[Title 51 RCW—page 67]
Chapter 51.52
Title 51 RCW: Industrial Insurance
Chapter 51.52
APPEALS
Sections
51.52.010
51.52.020
51.52.030
51.52.040
51.52.050
51.52.060
51.52.070
51.52.080
51.52.090
51.52.095
51.52.100
51.52.102
51.52.104
51.52.106
51.52.110
51.52.112
51.52.113
51.52.115
51.52.120
51.52.130
51.52.132
51.52.135
51.52.140
51.52.150
51.52.160
51.52.200
Board of industrial insurance appeals.
Board—Rule-making power.
Board—Expenses.
Board—Removal of member.
Service of departmental action—Demand for repayment—
Reconsideration or appeal.
Notice of appeal—Time—Cross-appeal—Departmental options.
Contents of notice—Transmittal of record.
Appeal to board denied, when.
Appeal to board deemed granted, when.
Conference for disposal of matters involved in appeal—
Mediation of disputes.
Proceedings before board—Contempt.
Hearing the appeal—Dismissal—Evidence—Continuances.
Industrial appeals judge—Recommended decision and order—Petition for review—Finality of order.
Review of decision and order.
Court appeal—Taking the appeal.
Court appeal—Payment of taxes, penalties, and interest required.
Collection of tax or penalty may not be enjoined.
Court appeal—Procedure at trial—Burden of proof.
Attorney’s fee before department or board—Unlawful
attorney’s fees.
Attorney and witness fees in court appeal.
Unlawful attorney’s fees.
Worker or beneficiary entitled to interest on award—Rate.
Rules of practice—Duties of attorney general—Supreme
court appeal.
Costs on appeals.
Publication and indexing of significant decisions.
Exception—Employers as parties to actions relating to compensation or assistance for victims of crimes.
51.52.010 Board of industrial insurance appeals.
There shall be a "board of industrial insurance appeals,"
hereinafter called the "board," consisting of three members
appointed by the governor, with the advice and consent of
the senate, as hereinafter provided. One shall be a representative of the public and a lawyer, appointed from a mutually
agreed to list of not less than three active members of the
Washington state bar association, submitted to the governor
by the two organizations defined below, and such member
shall be the chairperson of said board. The second member
shall be a representative of the majority of workers engaged
in employment under this title and selected from a list of not
less than three names submitted to the governor by an
organization, statewide in scope, which through its affiliates
embraces a cross section and a majority of the organized
labor of the state. The third member shall be a representative of employers under this title, and appointed from a list
of at least three names submitted to the governor by a
recognized statewide organization of employers, representing
a majority of employers. The initial terms of office of the
members of the board shall be for six, four, and two years
respectively. Thereafter all terms shall be for a period of six
years. Each member of the board shall be eligible for
reappointment and shall hold office until his or her successor
is appointed and qualified. In the event of a vacancy the
governor is authorized to appoint a successor to fill the
unexpired term of his or her predecessor. All appointments
to the board shall be made in conformity with the foregoing
plan. In the event a board member becomes incapacitated in
[Title 51 RCW—page 68]
excess of thirty days either due to his or her illness or that
of an immediate family member as determined by a request
for family leave or as certified by the affected member’s
treating physician, the governor shall appoint an acting
member to serve pro tem. Such an appointment shall be
made in conformity with the foregoing plan, except that the
list of candidates shall be submitted to the governor not
more than fifteen days after the affected organizations are
notified of the incapacity and the governor shall make the
appointment within fifteen days after the list is submitted.
The temporary member shall serve until such time as the
affected member is able to reassume his or her duties by
returning from requested family leave or as determined by
the treating physician or until the affected member’s term
expires, whichever occurs first. Whenever the workload of
the board and its orderly and expeditious disposition shall
necessitate, the governor may appoint two additional pro-tem
members in addition to the regular members. Such appointments shall be for a definite period of time, and shall be
made from lists submitted respectively by labor and industry
as in the case of regular members. One pro-tem member
shall be a representative of labor and one shall be a representative of industry. Members shall devote their entire time
to the duties of the board and shall receive for their services
a salary as fixed by the governor in accordance with the
provisions of RCW 43.03.040 which shall be in addition to
travel expenses in accordance with RCW 43.03.050 and
43.03.060 as now existing or hereafter amended. Headquarters for the board shall be located in Olympia. The board
shall adopt a seal which shall be judicially recognized.
[1999 c 149 § 1; 1981 c 338 § 10; 1977 ex.s. c 350 § 74;
1975-’76 2nd ex.s. c 34 § 151; 1971 ex.s. c 289 § 68; 1965
ex.s. c 165 § 3; 1961 c 307 § 8; 1961 c 23 § 51.52.010.
Prior: 1951 c 225 § 1; prior: 1949 c 219 § 2; Rem. Supp.
1949 § 10837-1.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.52.020 Board—Rule-making power. The board
may make rules and regulations concerning its functions and
procedure, which shall have the force and effect of law until
altered, repealed, or set aside by the board: PROVIDED,
That the board may not delegate to any other person its
duties of interpreting the testimony and making the final
decision and order on appeal cases. All rules and regulations adopted by the board shall be printed and copies
thereof shall be readily available to the public. [1961 c 23
§ 51.52.020. Prior: 1951 c 225 § 2; prior: 1949 c 219 § 3,
part; Rem. Supp. 1949 § 10837-2, part.]
51.52.030 Board—Expenses. The board may incur
such expenses as are reasonably necessary to carry out its
duties hereunder, which expenses shall be paid, one-half
from the accident fund and one-half from the medical aid
fund upon vouchers approved by the board. [1961 c 23 §
51.52.030. Prior: 1951 c 225 § 3; prior: 1949 c 219 § 3,
part; Rem. Supp. 1949 § 10837-2, part.]
(2002 Ed.)
Appeals
51.52.040 Board—Removal of member. Any
member of the board may be removed for inefficiency,
malfeasance or misfeasance in office, upon specific written
charges filed by the governor, who shall transmit the original
of such written charges to the chief justice of the supreme
court and a copy thereof to the member accused. The chief
justice shall thereupon designate a special tribunal composed
of three judges of the superior court to hear and adjudicate
the charges. Such tribunal shall fix the time, place and
procedure for the hearing, and the hearing shall be public.
The decision of such tribunal shall be final and not subject
to review. [1961 c 23 § 51.52.040. Prior: 1951 c 225 § 4;
prior: 1949 c 219 § 4; Rem. Supp. 1949 § 10837-3.]
51.52.050 Service of departmental action—Demand
for repayment—Reconsideration or appeal. Whenever the
department has made any order, decision, or award, it shall
promptly serve the worker, beneficiary, employer, or other
person affected thereby, with a copy thereof by mail, which
shall be addressed to such person at his or her last known
address as shown by the records of the department. The
copy, in case the same is a final order, decision, or award,
shall bear on the same side of the same page on which is
found the amount of the award, a statement, set in black
faced type of at least ten point body or size, that such final
order, decision, or award shall become final within sixty
days from the date the order is communicated to the parties
unless a written request for reconsideration is filed with the
department of labor and industries, Olympia, or an appeal is
filed with the board of industrial insurance appeals, Olympia:
PROVIDED, That a department order or decision making
demand, whether with or without penalty, for repayment of
sums paid to a provider of medical, dental, vocational, or
other health services rendered to an industrially injured
worker, shall state that such order or decision shall become
final within twenty days from the date the order or decision
is communicated to the parties unless a written request for
reconsideration is filed with the department of labor and
industries, Olympia, or an appeal is filed with the board of
industrial insurance appeals, Olympia.
Whenever the department has taken any action or made
any decision relating to any phase of the administration of
this title the worker, beneficiary, employer, or other person
aggrieved thereby may request reconsideration of the
department, or may appeal to the board. In an appeal before
the board, the appellant shall have the burden of proceeding
with the evidence to establish a prima facie case for the
relief sought in such appeal: PROVIDED, That in an appeal
from an order of the department that alleges fraud, the department or self-insured employer shall initially introduce all
evidence in its case in chief. Any such person aggrieved by
the decision and order of the board may thereafter appeal to
the superior court, as prescribed in this chapter. [1987 c 151
§ 1; 1986 c 200 § 10; 1985 c 315 § 9; 1982 c 109 § 4; 1977
ex.s. c 350 § 75; 1975 1st ex.s. c 58 § 1; 1961 c 23 §
51.52.050. Prior: 1957 c 70 § 55; 1951 c 225 § 5; prior:
(i) 1947 c 281 § 1, part; 1943 c 210 § 1, part; 1939 c 41 §
1, part; 1937 c 211 § 1, part; 1927 c 310 § 1, part; 1921 c
182 § 1, part; 1919 c 131 § 1, part; 1911 c 74 § 2, part;
Rem. Supp. 1947 § 7674, part. (ii) 1947 c 247 § 1, part;
1911 c 74 § 20, part; Rem. Supp. 1947 § 7676e, part. (iii)
(2002 Ed.)
51.52.040
1949 c 219 § 6, part; 1943 c 280 § 1, part; 1931 c 90 § 1,
part; 1929 c 132 § 6, part; 1927 c 310 § 8, part; 1911 c 74
§ 20, part; Rem. Supp. 1949 § 7697, part. (iv) 1923 c 136
§ 7, part; 1921 c 182 § 10, part; 1917 c 29 § 3, part; RRS
§ 7712, part. (v) 1917 c 29 § 11; RRS § 7720. (vi) 1939
c 50 § 1, part; 1927 c 310 § 9, part; 1921 c 182 § 12, part;
1919 c 129 § 5, part; 1917 c 28 § 15, part; RRS § 7724,
part.]
51.52.060 Notice of appeal—Time—Cross-appeal—
Departmental options. (1)(a) Except as otherwise specifically provided in this section, a worker, beneficiary, employer, health services provider, or other person aggrieved by an
order, decision, or award of the department must, before he
or she appeals to the courts, file with the board and the
director, by mail or personally, within sixty days from the
day on which a copy of the order, decision, or award was
communicated to such person, a notice of appeal to the
board. However, a health services provider or other person
aggrieved by a department order or decision making demand,
whether with or without penalty, solely for repayment of
sums paid to a provider of medical, dental, vocational, or
other health services rendered to an industrially injured
worker must, before he or she appeals to the courts, file with
the board and the director, by mail or personally, within
twenty days from the day on which a copy of the order or
decision was communicated to the health services provider
upon whom the department order or decision was served, a
notice of appeal to the board.
(b) Failure to file a notice of appeal with both the board
and the department shall not be grounds for denying the
appeal if the notice of appeal is filed with either the board
or the department.
(2) Within ten days of the date on which an appeal has
been granted by the board, the board shall notify the other
interested parties to the appeal of the receipt of the appeal
and shall forward a copy of the notice of appeal to the other
interested parties. Within twenty days of the receipt of such
notice of the board, the worker or the employer may file
with the board a cross-appeal from the order of the department from which the original appeal was taken.
(3) If within the time limited for filing a notice of
appeal to the board from an order, decision, or award of the
department, the department directs the submission of further
evidence or the investigation of any further fact, the time for
filing the notice of appeal shall not commence to run until
the person has been advised in writing of the final decision
of the department in the matter. In the event the department
directs the submission of further evidence or the investigation of any further fact, as provided in this section, the
department shall render a final order, decision, or award
within ninety days from the date further submission of
evidence or investigation of further fact is ordered which
time period may be extended by the department for good
cause stated in writing to all interested parties for an
additional ninety days.
(4) The department, either within the time limited for
appeal, or within thirty days after receiving a notice of
appeal, may:
(a) Modify, reverse, or change any order, decision, or
award; or
[Title 51 RCW—page 69]
51.52.060
Title 51 RCW: Industrial Insurance
(b)(i) Except as provided in (b)(ii) of this subsection,
hold an order, decision, or award in abeyance for a period of
ninety days which time period may be extended by the
department for good cause stated in writing to all interested
parties for an additional ninety days pending further investigation in light of the allegations of the notice of appeal; or
(ii) Hold an order, decision, or award issued under
RCW 51.32.160 in abeyance for a period not to exceed
ninety days from the date of receipt of an application under
RCW 51.32.160. The department may extend the ninety-day
time period for an additional sixty days for good cause.
For purposes of this subsection, good cause includes
delay that results from conduct of the claimant that is subject
to sanction under RCW 51.32.110.
The board shall deny the appeal upon the issuance of an
order under (b)(i) or (ii) of this subsection holding an earlier
order, decision, or award in abeyance, without prejudice to
the appellant’s right to appeal from any subsequent determinative order issued by the department.
This subsection (4)(b) does not apply to applications
deemed granted under RCW 51.32.160.
(5) An employer shall have the right to appeal an
application deemed granted under RCW 51.32.160 on the
same basis as any other application adjudicated pursuant to
that section.
(6) A provision of this section shall not be deemed to
change, alter, or modify the practice or procedure of the
department for the payment of awards pending appeal.
[1995 c 253 § 1; 1995 c 199 § 7; 1986 c 200 § 11; 1977
ex.s. c 350 § 76; 1975 1st ex.s. c 58 § 2; 1963 c 148 § 1;
1961 c 274 § 8; 1961 c 23 § 51.52.060. Prior: 1957 c 70
§ 56; 1951 c 225 § 6; prior: 1949 c 219 §§ 1, part, 6, part;
1947 c 246 § 1, part; 1943 c 280 § 1, part; 1931 c 90 § 1,
part; 1929 c 132 §§ 2, part, 6, part; 1927 c 310 §§ 4, part,
8, part; 1923 c 136 § 2, part; 1919 c 134 § 4, part; 1917 c
28 § 1, part; 1913 c 148 § 1, part; 1911 c 74 §§ 5, part, 20,
part; Rem Supp. 1949 §§ 7679, part, 7697, part.]
Reviser’s note: This section was amended by 1995 c 199 § 7 and by
1995 c 253 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1995 c 199: See note following RCW 51.12.120.
51.52.070 Contents of notice—Transmittal of
record. The notice of appeal to the board shall set forth in
full detail the grounds upon which the person appealing
considers such order, decision, or award is unjust or unlawful, and shall include every issue to be considered by the
board, and it must contain a detailed statement of facts upon
which such worker, beneficiary, employer, or other person
relies in support thereof. The worker, beneficiary, employer,
or other person shall be deemed to have waived all objections or irregularities concerning the matter on which such
appeal is taken other than those specifically set forth in such
notice of appeal or appearing in the records of the department. The department shall promptly transmit its original
record, or a legible copy thereof produced by mechanical,
photographic, or electronic means, in such matter to the
board. [1977 ex.s. c 350 § 77; 1975 1st ex.s. c 224 § 18;
1975 1st ex.s. c 58 § 3; 1961 c 23 § 51.52.070. Prior: 1957
c 70 § 57; 1951 c 225 § 7; prior: 1949 c 219 § 6, part;
1943 c 280 § 1, part; 1931 c 90 § 1, part; 1929 c 132 § 6,
[Title 51 RCW—page 70]
part; 1927 c 310 § 8, part; 1911 c 74 § 20, part; Rem. Supp.
1949 § 7697, part.]
Effective date—1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.52.080 Appeal to board denied, when. If the
notice of appeal raises no issue or issues of fact and the
board finds that the department properly and lawfully
decided all matters raised by such appeal it may, without
further hearing, deny the same and confirm the department’s
decision or award, or if the department’s record sustains the
contention of the person appealing to the board, it may,
without further hearing, allow the relief asked in such
appeal; otherwise, it shall grant the appeal. [1971 ex.s. c
289 § 69; 1963 c 148 § 2; 1961 c 23 § 51.52.080. Prior:
1957 c 70 § 58; 1951 c 225 § 8; prior: 1949 c 219 § 6,
part; 1943 c 280 § 1, part; 1931 c 90 § 1, part; 1929 c 132
§ 6, part; 1927 c 310 § 8, part; 1911 c 74 § 20, part; Rem.
Supp. 1949 § 7697, part.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.52.090 Appeal to board deemed granted, when.
If the appeal is not denied within thirty days after the notice
is filed with the board, the appeal shall be deemed to have
been granted: PROVIDED, That the board may extend the
time within which it may act upon such appeal, not exceeding thirty days. [1971 ex.s. c 289 § 70; 1961 c 23 §
51.52.090. Prior: 1957 c 70 § 59; 1951 c 225 § 9; prior:
1949 c 219 § 6, part; 1943 c 280 § 1, part; 1931 c 90 § 1,
part; 1929 c 132 § 6, part; 1927 c 310 § 8, part; 1911 c 74
§ 20, part; Rem. Supp. 1949 § 7697, part.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.52.095 Conference for disposal of matters
involved in appeal—Mediation of disputes. (1) The board,
upon request of the worker, beneficiary, or employer, or
upon its own motion, may direct all parties interested in an
appeal, together with their attorneys, if any, to appear before
it, a member of the board, or an authorized industrial appeals
judge, for a conference for the purpose of determining the
feasibility of settlement, the simplification of issues of law
and fact, the necessity of amendments to the notice of appeal
or other pleadings, the possibility of obtaining admissions of
fact and of documents which will avoid unnecessary proof,
the limitation of the number of expert witnesses, and such
other matters as may aid in the disposition of the appeal.
Such conference may be held prior to the hearing, or it may
be held during the hearing, at the discretion of the board
member or industrial appeals judge conducting the same, in
which case the hearing will be recessed for such conference.
Following the conference, the board member or industrial
appeals judge conducting the same, shall state on the record
the results of such conference, and the parties present or
their representatives shall state their concurrence on the
record. Such agreement as stated on the record shall control
the subsequent course of the proceedings, unless modified at
a subsequent hearing to prevent manifest injustice. If
agreement concerning final disposition of the appeal is
reached by the parties present at the conference, or by the
(2002 Ed.)
Appeals
employer and worker or beneficiary, the board may enter a
final decision and order in accordance therewith, providing
the board finds such agreement is in conformity with the law
and the facts.
(2) In order to carry out subsection (1) of this section,
the board shall develop expertise to mediate disputes
informally. Where possible, industrial appeals judges with
a demonstrated history of successfully resolving disputes or
who have received training in dispute resolution techniques
shall be appointed to perform mediation functions. No
industrial appeals judge who mediates in a particular appeal
may, without the consent of the parties, participate in writing
the proposed decision and order in the appeal: PROVIDED,
That this shall not prevent an industrial appeals judge from
issuing a proposed decision and order responsive to a motion
for summary disposition or similar motion. This section
shall not operate to prevent the board from developing
additional methods and procedures to encourage resolution
of disputes by agreement or otherwise making efforts to
reduce adjudication time. [1986 c 10 § 1; 1985 c 209 § 2;
1982 c 109 § 7; 1977 ex.s. c 350 § 78; 1963 c 148 § 3;
1963 c 6 § 1; 1961 c 23 § 51.52.095. Prior: 1951 c 225 §
10.]
51.52.100 Proceedings before board—Contempt.
Hearings shall be held in the county of the residence of the
worker or beneficiary, or in the county where the injury occurred, at a place designated by the board. Such hearing
shall be de novo and summary, but no witness’ testimony
shall be received unless he or she shall first have been sworn
to testify the truth, the whole truth and nothing but the truth
in the matter being heard, or unless his or her testimony
shall have been taken by deposition according to the statutes
and rules relating to superior courts of this state. The
department shall be entitled to appear in all proceedings
before the board and introduce testimony in support of its
order. The board shall cause all oral testimony to be
stenographically reported and thereafter transcribed, and
when transcribed, the same, with all depositions, shall be
filed in, and remain a part of, the record on the appeal.
Such hearings on appeal to the board may be conducted by
one or more of its members, or a duly authorized industrial
appeals judge, and depositions may be taken by a person
duly commissioned for the purpose by the board.
Members of the board, its duly authorized industrial
appeals judges, and all persons duly commissioned by it for
the purpose of taking depositions, shall have power to
administer oaths; to preserve and enforce order during such
hearings; to issue subpoenas for, and to compel the attendance and testimony of, witnesses, or the production of
books, papers, documents, and other evidence, or the taking
of depositions before any designated individual competent to
administer oaths, and it shall be their duty so to do to
examine witnesses; and to do all things conformable to law
which may be necessary to enable them, or any of them,
effectively to discharge the duties of his or her office.
If any person in proceedings before the board disobeys
or resists any lawful order or process, or misbehaves during
a hearing or so near the place thereof as to obstruct the
same, or neglects to produce, after having been ordered so
to do, any pertinent book, paper or document, or refuses to
(2002 Ed.)
51.52.095
appear after having been subpoenaed, or upon appearing
refuses to take oath as a witness, or after having the oath
refuses to be examined according to law, the board or any
member or duly authorized industrial appeals judge may
certify the facts to the superior court having jurisdiction in
the place in which said board or member or industrial appeals judge is sitting; the court shall thereupon, in a summary manner, hear the evidence as to the acts complained of,
and, if the evidence so warrants, punish such person in the
same manner and to the same extent as for a contempt
committed before the court, or commit such person upon the
same conditions as if the doing of the forbidden act had
occurred with reference to the proceedings, or in the presence, of the court. [1982 c 109 § 8; 1977 ex.s. c 350 § 79;
1963 c 148 § 4; 1961 c 23 § 51.52.100. Prior: 1957 c 70
§ 60; 1951 c 225 § 11; prior: 1949 c 219 § 6, part; 1943 c
280 § 1, part; 1931 c 90 § 1, part; 1929 c 132 § 6, part;
1927 c 310 § 8, part; 1911 c 74 § 20, part; Rem. Supp. 1949
§ 7697, part.]
51.52.102 Hearing the appeal—Dismissal—
Evidence—Continuances. At the time and place fixed for
hearing each party shall present all his evidence with respect
to the issues raised in the notice of appeal, and if any party
fails so to do, the board may determine the issues upon such
evidence as may be presented to it at said hearing, or if an
appealing party who has the burden of going forward with
the evidence fails to present any evidence, the board may
dismiss the appeal: PROVIDED, That for good cause shown
in the record to prevent hardship, the board may grant
continuances upon application of any party, but such
continuances, when granted, shall be to a time and place
certain within the county where the initial hearing was held
unless it shall appear that a continuance elsewhere is
required in justice to interested parties: AND PROVIDED
FURTHER, That the board may continue hearings on its
own motion to secure in an impartial manner such evidence,
in addition to that presented by the parties, as the board, in
its opinion, deems necessary to decide the appeal fairly and
equitably, but such additional evidence shall be received
subject to any objection as to its admissibility, and, if
admitted in evidence all parties shall be given full opportunity for cross-examination and to present rebuttal evidence.
[1963 c 148 § 5; 1961 c 23 § 51.52.102. Prior: 1951 c 225
§ 12.]
51.52.104 Industrial appeals judge—Recommended
decision and order—Petition for review—Finality of
order. After all evidence has been presented at hearings
conducted by an industrial appeals judge, who shall be an
active member of the Washington state bar association, the
industrial appeals judge shall enter a proposed or recommended decision and order which shall be in writing and
shall contain findings and conclusions as to each contested
issue of fact and law, as well as the order based thereon.
The industrial appeals judge shall file the signed original of
the proposed decision and order with the board, and copies
thereof shall be mailed by the board to each party to the
appeal and to each party’s attorney or representative of
record. Within twenty days, or such further time as the
board may allow on written application of a party, filed
[Title 51 RCW—page 71]
51.52.104
Title 51 RCW: Industrial Insurance
within said twenty days from the date of communication of
the proposed decision and order to the parties or their
attorneys or representatives of record, any party may file
with the board a written petition for review of the same.
Filing of a petition for review is perfected by mailing or
personally delivering the petition to the board’s offices in
Olympia. Such petition for review shall set forth in detail
the grounds therefor and the party or parties filing the same
shall be deemed to have waived all objections or irregularities not specifically set forth therein.
In the event no petition for review is filed as provided
herein by any party, the proposed decision and order of the
industrial appeals judge shall be adopted by the board and
become the decision and order of the board, and no appeal
may be taken therefrom to the courts. If an order adopting
the proposed decision and order is not formally signed by
the board on the day following the date the petition for
review of the proposed decision and order is due, said
proposed decision and order shall be deemed adopted by the
board and become the decision and order of the board, and
no appeal may be taken therefrom to the courts. [1985 c
314 § 1; 1982 c 109 § 5; 1971 ex.s. c 289 § 22; 1963 c 148
§ 6.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
51.52.106 Review of decision and order. After the
filing of a petition or petitions for review as provided for in
RCW 51.52.104, the proposed decision and order of the
industrial appeals judge, petition or petitions for review and,
in its discretion, the record or any part thereof, may be
considered by the board and on agreement of at least two of
the regular members thereof, the board may, within twenty
days after the receipt of such petition or petitions, decline to
review the proposed decision and order and thereupon deny
the petition or petitions. In such event all parties shall
forthwith be notified in writing of said denial: PROVIDED,
That if a petition for review is not denied within said twenty
days it shall be deemed to have been granted. If the petition
for review is granted, the proposed decision and order, the
petition or petitions for review and the record or any part
thereof deemed necessary shall be considered by a panel of
at least two of the members of the board, on which not more
than one industry and one labor member serve. The chairman may be a member of any panel. The decision and order
of any such panel shall be the decision and order of the
board. Every final decision and order rendered by the board
shall be in writing and shall contain findings and conclusions
as to each contested issue of fact and law, as well as the
board’s order based thereon. The board shall, in all cases,
render a final decision and order within one hundred and
eighty days from the date a petition for review is filed. A
copy of the decision and order, including the findings and
conclusions, shall be mailed to each party to the appeal and
to his attorney of record. [1982 c 109 § 9; 1975 1st ex.s. c
58 § 4; 1971 ex.s. c 289 § 23; 1965 ex.s. c 165 § 4; 1963 c
148 § 7; 1961 c 23 § 51.52.106. Prior: 1951 c 225 § 13.]
Effective dates—Severability—1971 ex.s. c 289: See RCW
51.98.060 and 51.98.070.
[Title 51 RCW—page 72]
51.52.110 Court appeal—Taking the appeal. Within
thirty days after a decision of the board to deny the petition
or petitions for review upon such appeal has been communicated to such worker, beneficiary, employer or other person,
or within thirty days after the final decision and order of the
board upon such appeal has been communicated to such
worker, beneficiary, employer or other person, or within
thirty days after the appeal is denied as herein provided,
such worker, beneficiary, employer or other person aggrieved
by the decision and order of the board may appeal to the
superior court. If such worker, beneficiary, employer, or
other person fails to file with the superior court its appeal as
provided in this section within said thirty days, the decision
of the board to deny the petition or petitions for review or
the final decision and order of the board shall become final.
In cases involving injured workers, an appeal to the
superior court shall be to the superior court of the county of
residence of the worker or beneficiary, as shown by the
department’s records, or to the superior court of the county
wherein the injury occurred or where neither the county of
residence nor the county wherein the injury occurred are in
the state of Washington then the appeal may be directed to
the superior court for Thurston county. In all other cases the
appeal shall be to the superior court of Thurston county.
Such appeal shall be perfected by filing with the clerk of the
court a notice of appeal and by serving a copy thereof by
mail, or personally, on the director and on the board. If the
case is one involving a self-insurer, a copy of the notice of
appeal shall also be served by mail, or personally, on such
self-insurer. The department shall, in all cases not involving
a self-insurer, within twenty days after the receipt of such
notice of appeal, serve and file its notice of appearance and
such appeal shall thereupon be deemed at issue. If the case
is one involving a self-insurer, such self-insurer shall, within
twenty days after receipt of such notice of appeal, serve and
file its notice of appearance and such appeal shall thereupon
be deemed to be at issue. In such cases the department may
appear and take part in any proceedings. The board shall
serve upon the appealing party, the director, the self-insurer
if the case involves a self-insurer, and any other party
appearing at the board’s proceeding, and file with the clerk
of the court before trial, a certified copy of the board’s
official record which shall include the notice of appeal and
other pleadings, testimony and exhibits, and the board’s
decision and order, which shall become the record in such
case. No bond shall be required on appeals to the superior
court or on review by the supreme court or the court of
appeals, except that an appeal by the employer from a
decision and order of the board under *RCW 51.48.070,
shall be ineffectual unless, within five days following the
service of notice thereof, a bond, with surety satisfactory to
the court, shall be filed, conditioned to perform the judgment
of the court. Except in the case last named an appeal shall
not be a stay: PROVIDED, HOWEVER, That whenever the
board has made any decision and order reversing an order of
the supervisor of industrial insurance on questions of law or
mandatory administrative actions of the director, the department shall have the right of appeal to the superior court.
[1988 c 202 § 49; 1982 c 109 § 6; 1977 ex.s. c 350 § 80;
1973 c 40 § 1. Prior: 1972 ex.s. c 50 § 1; 1972 ex.s. c 43
§ 36; 1971 ex.s. c 289 § 24; 1971 c 81 § 122; 1961 c 23 §
51.52.110; prior: 1957 c 70 § 61; 1951 c 225 § 14; prior:
(2002 Ed.)
Appeals
1949 c 219 § 6, part; 1943 c 280 § 1, part; 1931 c 90 § 1,
part; 1929 c 132 § 6, part; 1927 c 310 § 8, part; 1911 c 74
§ 20, part; Rem. Supp. 1949 § 7697, part.]
Rules of court: Cf. Title 8 RAP, RAP 18.22.
*Reviser’s note: RCW 51.48.070 was repealed by 1996 c 60 § 2.
Severability—1988 c 202: See note following RCW 2.24.050.
51.52.112 Court appeal—Payment of taxes, penalties, and interest required. All taxes, penalties, and
interest shall be paid in full before any action may be
instituted in any court to contest all or any part of such
taxes, penalties, or interest unless the court determines that
there would be an undue hardship to the employer. In the
event an employer prevails in a court action, the employer
shall be allowed interest on all taxes, penalties, and interest
paid by the employer but determined by a final order of the
court to not be due, from the date such taxes, penalties, and
interest were paid. Interest shall be at the rate allowed by
law as prejudgment interest. [1986 c 9 § 19.]
51.52.113 Collection of tax or penalty may not be
enjoined. No restraining order or injunction may be granted
or issued by any court to restrain or enjoin the collection of
any tax or penalty or any part thereof, except upon the
ground that the assessment thereof was in violation of the
Constitution of the United States or that of the state. [1986
c 9 § 20.]
51.52.115 Court appeal—Procedure at trial—
Burden of proof. Upon appeals to the superior court only
such issues of law or fact may be raised as were properly
included in the notice of appeal to the board, or in the
complete record of the proceedings before the board. The
hearing in the superior court shall be de novo, but the court
shall not receive evidence or testimony other than, or in
addition to, that offered before the board or included in the
record filed by the board in the superior court as provided in
RCW 51.52.110: PROVIDED, That in cases of alleged
irregularities in procedure before the board, not shown in
said record, testimony thereon may be taken in the superior
court. The proceedings in every such appeal shall be
informal and summary, but full opportunity to be heard shall
be had before judgment is pronounced. In all court proceedings under or pursuant to this title the findings and decision
of the board shall be prima facie correct and the burden of
proof shall be upon the party attacking the same. If the
court shall determine that the board has acted within its
power and has correctly construed the law and found the
facts, the decision of the board shall be confirmed; otherwise, it shall be reversed or modified. In case of a
modification or reversal the superior court shall refer the
same to the department with an order directing it to proceed
in accordance with the findings of the court: PROVIDED,
That any award shall be in accordance with the schedule of
compensation set forth in this title. In appeals to the
superior court hereunder, either party shall be entitled to a
trial by jury upon demand, and the jury’s verdict shall have
the same force and effect as in actions at law. Where the
court submits a case to the jury, the court shall by instruction advise the jury of the exact findings of the board on
each material issue before the court. [1961 c 23 §
(2002 Ed.)
51.52.110
51.52.115. Prior: 1957 c 70 § 62; 1951 c 225 § 15; prior:
(i) 1949 c 219 § 6, part; 1943 c 280 § 1, part; 1931 c 90 §
1, part; 1929 c 132 § 6, part; 1927 c 310 § 8, part; 1911 c
74 § 20, part; Rem. Supp. 1949 § 7697, part. (ii) 1949 c
219 § 6; 1939 c 184 § 1; Rem. Supp. 1949 § 7697-2.]
51.52.120 Attorney’s fee before department or
board—Unlawful attorney’s fees. (1) It shall be unlawful
for an attorney engaged in the representation of any worker
or beneficiary to charge for services in the department any
fee in excess of a reasonable fee, of not more than thirty
percent of the increase in the award secured by the
attorney’s services. Such reasonable fee shall be fixed by
the director or the director’s designee for services performed
by an attorney for such worker or beneficiary, if written
application therefor is made by the attorney, worker, or
beneficiary within one year from the date the final decision
and order of the department is communicated to the party
making the application.
(2) If, on appeal to the board, the order, decision, or
award of the department is reversed or modified and additional relief is granted to a worker or beneficiary, or in cases
where a party other than the worker or beneficiary is the
appealing party and the worker’s or beneficiary’s right to
relief is sustained by the board, the board shall fix a reasonable fee for the services of his or her attorney in proceedings
before the board if written application therefor is made by
the attorney, worker, or beneficiary within one year from the
date the final decision and order of the board is communicated to the party making the application. In fixing the
amount of such attorney’s fee, the board shall take into
consideration the fee allowed, if any, by the director, for
services before the department, and the board may review
the fee fixed by said director. Any attorney’s fee set by the
department or the board may be reviewed by the superior
court upon application of such attorney, worker, or beneficiary. The department or self-insured employer, as the case
may be, shall be served a copy of the application and shall
be entitled to appear and take part in the proceedings.
Where the board, pursuant to this section, fixes the
attorney’s fee, it shall be unlawful for an attorney to charge
or receive any fee for services before the board in excess of
that fee fixed by the board. Any person who violates any
provision of this section shall be guilty of a misdemeanor.
[1990 c 15 § 1; 1982 c 63 § 22; 1977 ex.s. c 350 § 81; 1965
ex.s. c 63 § 1; 1961 c 23 § 51.52.120. Prior: 1951 c 225 §
16; prior: 1947 c 246 § 3; Rem. Supp. 1947 § 7679-3.]
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
51.52.130 Attorney and witness fees in court appeal.
If, on appeal to the superior or appellate court from the
decision and order of the board, said decision and order is
reversed or modified and additional relief is granted to a
worker or beneficiary, or in cases where a party other than
the worker or beneficiary is the appealing party and the
worker’s or beneficiary’s right to relief is sustained, a
reasonable fee for the services of the worker’s or
beneficiary’s attorney shall be fixed by the court. In fixing
the fee the court shall take into consideration the fee or fees,
if any, fixed by the director and the board for such
[Title 51 RCW—page 73]
51.52.130
Title 51 RCW: Industrial Insurance
attorney’s services before the department and the board. If
the court finds that the fee fixed by the director or by the
board is inadequate for services performed before the
department or board, or if the director or the board has fixed
no fee for such services, then the court shall fix a fee for the
attorney’s services before the department, or the board, as
the case may be, in addition to the fee fixed for the services
in the court. If in a worker or beneficiary appeal the
decision and order of the board is reversed or modified and
if the accident fund or medical aid fund is affected by the
litigation, or if in an appeal by the department or employer
the worker or beneficiary’s right to relief is sustained, or in
an appeal by a worker involving a state fund employer with
twenty-five employees or less, in which the department does
not appear and defend, and the board order in favor of the
employer is sustained, the attorney’s fee fixed by the court,
for services before the court only, and the fees of medical
and other witnesses and the costs shall be payable out of the
administrative fund of the department. In the case of selfinsured employers, the attorney fees fixed by the court, for
services before the court only, and the fees of medical and
other witnesses and the costs shall be payable directly by the
self-insured employer. [1993 c 122 § 1; 1982 c 63 § 23;
1977 ex.s. c 350 § 82; 1961 c 23 § 51.52.130. Prior: 1957
c 70 § 63; 1951 c 225 § 17; prior: 1949 c 219 § 6, part;
1943 c 280 § 1, part; 1931 c 90 § 1, part; 1929 c 132 § 6,
part; 1927 c 310 § 8, part; 1911 c 74 § 20, part; Rem. Supp.
1949 § 7697, part.]
Effective dates—Implementation—1982 c 63: See note following
RCW 51.32.095.
51.52.132 Unlawful attorney’s fees. Where the
department, the board or the court, pursuant to RCW
51.52.120 or 51.52.130 fixes the attorney’s fee, it shall be
unlawful for an attorney to charge or receive any fee in
excess of that fixed by the department, board or the court.
Any person who violates any provision of this section shall
be guilty of a misdemeanor. [1965 ex.s. c 63 § 2; 1961 c 23
§ 51.52.132. Prior: 1951 c 225 § 18.]
51.52.135 Worker or beneficiary entitled to interest
on award—Rate. (1) When a worker or beneficiary
prevails in an appeal by the employer to the board or in an
appeal by the employer to the court from the decision and
order of the board, the worker or beneficiary shall be entitled
to interest at the rate of twelve percent per annum on the
unpaid amount of the award after deducting the amount of
attorney fees.
(2) When a worker or beneficiary prevails in an appeal
by the worker or beneficiary to the board or the court
regarding a claim for temporary total disability, the worker
or beneficiary shall be entitled to interest at the rate of
twelve percent per annum on the unpaid amount of the
award after deducting the amount of attorney fees.
(3) The interest provided for in subsections (1) and (2)
of this section shall accrue from the date of the department’s
order granting the award or denying payment of the award.
The interest shall be paid by the party having the obligation
to pay the award. The amount of interest to be paid shall be
fixed by the board or court, as the case may be. [1983 c
301 § 1.]
[Title 51 RCW—page 74]
51.52.140 Rules of practice—Duties of attorney
general—Supreme court appeal. Except as otherwise
provided in this chapter, the practice in civil cases shall
apply to appeals prescribed in this chapter. Appeal shall lie
from the judgment of the superior court as in other civil
cases. The attorney general shall be the legal advisor of the
department and the board. [1961 c 23 § 51.52.140. Prior:
1957 c 70 § 64; 1951 c 225 § 19; prior: 1949 c 219 § 6,
part; 1943 c 280 § 1, part; 1931 c 90 § 1, part; 1929 c 132
§ 6, part; 1927 c 310 § 8, part; 1911 c 74 § 20, part; Rem.
Supp. 1949 § 7697, part.]
Rules of court: Method of appellate review superseded by RAP 2.1, 2.2.
51.52.150 Costs on appeals. All expenses and costs
incurred by the department for board and court appeals,
including fees for medical and other witnesses, court reporter
costs and attorney’s fees, and all costs taxed against the
department, shall be paid one-half out of the medical aid
fund and one-half out of the accident fund. [1961 c 23 §
51.52.150. Prior: 1951 c 225 § 20; prior: 1931 c 116 § 1;
RRS § 7697-1.]
51.52.160 Publication and indexing of significant
decisions. The board shall publish and index its significant
decisions and make them available to the public at reasonable cost. [1985 c 209 § 1.]
51.52.200 Exception—Employers as parties to
actions relating to compensation or assistance for victims
of crimes. This chapter shall not apply to matters concerning employers as parties to any settlement, appeal, or other
action in accordance with chapter 7.68 RCW. [1997 c 102
§ 2.]
Chapter 51.98
CONSTRUCTION
Sections
51.98.010 Continuation of existing law.
51.98.020 Title, chapter, section headings not part of law.
51.98.030 Invalidity of part of title not to affect remainder.
51.98.040 Repeals and saving.
51.98.050 Emergency—1961 c 23.
51.98.060 Effective dates—1971 ex.s. c 289.
51.98.070 Severability—1971 ex.s. c 289.
51.98.080 Severability—1972 ex.s. c 43.
Construction—1947 c 246: "The increased benefits and compensation authorized by this act shall not be applicable to a case of death, or
injury or aggravation thereof, occurring prior to the effective date of this
act." [1947 c 246 § 2.]
Construction—1923 c 136: "For all cases of injuries to workmen
which occurred and for all claims or actions pending or causes of action
existing before this act shall go into effect, Sections 7673 to 7796 of
Remington’s Compiled Statutes of Washington shall continue in force as
they were prior to and they shall be unaffected by the passage of this
amendatory act." [1923 c 136 § 20.] The internal references refer to the
entire industrial insurance act as it existed in 1923.
Construction—1919 c 131: "For all cases of injuries to workmen
which occurred before this act shall be into effect Sections 6604-3, 6604-5,
6604-6, and 6604-10 shall continue in force as they were prior to and they
shall be unaffected by the passage of this amendatory act. The amendatory
provisions of sections 2, 4, 5, and 6 of this act shall apply only to injuries
occurring after they shall go into effect." [1919 c 131 § 9.] The internal
references to prior compilations refer to such sections as amended in the
(2002 Ed.)
Construction
Chapter 51.98
1919 act by sections 2, 4, 5, and 6 as repeated in the last sentence of the
above quotation. Such sections are scattered throughout chapters 51.16,
51.20, 51.32, and 51.48 RCW.
51.98.010 Continuation of existing law. The
provisions of this title insofar as they are substantially the
same as statutory provisions repealed by this chapter, and
relating to the same subject matter, shall be construed as
restatements and continuations, and not as new enactments.
[1961 c 23 § 51.98.010.]
51.98.020 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or
subsection headings, as used in this title do not constitute
any part of the law. [1961 c 23 § 51.98.020.]
51.98.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application
to any person or circumstance is held invalid, the remainder
of the title, or the application of the provision to other
persons or circumstances is not affected: PROVIDED, That
nothing in this section shall affect or invalidate any of the
provisions of RCW 51.04.090. [1961 c 23 § 51.98.030.]
51.98.040
51.98.040.
Repeals and saving. See 1961 c 23 §
51.98.050 Emergency—1961 c 23. This act is
necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately.
[1961 c 23 § 51.98.050.]
51.98.060 Effective dates—1971 ex.s. c 289. The
provisions of this 1971 amendatory act are necessary for the
immediate preservation of the public peace, health and
safety, the support of the state government and its existing
public institutions, and shall take effect on July 1, 1971:
PROVIDED, That RCW 51.08.070 as amended by section
1 of this 1971 amendatory act, RCW 51.12.010 as amended
in section 2 of this 1971 amendatory act, RCW 51.12.020 as
amended in section 3 of this 1971 amendatory act and RCW
51.16.110 as amended in section 4 of this 1971 amendatory
act shall take effect and become operative without any
further action of the legislature on January 1, 1972. [1971
ex.s. c 289 § 90.]
51.98.070 Severability—1971 ex.s. c 289. If any
provision of this 1971 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected: PROVIDED, That nothing
in this section shall affect or invalidate any of the provisions
of RCW 51.04.090. [1971 ex.s. c 289 § 91.]
51.98.080 Severability—1972 ex.s. c 43. If any
provision of this 1972 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provisions to other persons
or circumstances is not affected. [1972 ex.s. c 43 § 38.]
(2002 Ed.)
[Title 51 RCW—page 75]
Title 52
FIRE PROTECTION DISTRICTS
Chapters
52.02
52.04
52.06
52.08
52.10
52.12
52.14
52.16
52.18
52.20
52.22
52.30
Formation.
Annexation.
Merger.
Withdrawal.
Dissolution.
Powers—Burning permits.
Commissioners.
Finances.
Benefit charges.
Local improvement districts.
Special proceedings.
Miscellaneous provisions.
Annexation of district territory to cities and towns: Chapter 35.13 RCW.
Conveyance of real property by public bodies—Recording: RCW
65.08.095.
Credit card use by local governments: RCW 43.09.2855.
Fire department vehicles; lighting, plates: RCW 46.37.184 through
46.37.188.
Fire fighting equipment, standardization: Chapter 70.75 RCW.
Fire fighters’ relief and pensions: Chapters 41.16, 41.18, and 41.24 RCW.
Forest protection: Chapter 76.04 RCW.
Hospitalization and medical aid for public employees and dependents—
Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Metropolitan municipal corporations: Chapter 35.58 RCW.
Municipal corporation may authorize investment of funds which are in
custody of county treasurer or other municipal corporation treasurer:
RCW 36.29.020.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Retirement—Law enforcement officers’ and fire fighters’ retirement system:
Chapter 41.26 RCW.
State fire protection: Chapter 48.48 RCW.
Trade centers—Annual service fee—Distribution to fire districts: RCW
53.29.030.
Chapter 52.02
FORMATION
Sections
52.02.001
52.02.020
52.02.030
52.02.035
52.02.040
52.02.050
52.02.060
52.02.070
52.02.080
52.02.110
52.02.140
52.02.150
(2002 Ed.)
Actions subject to review by boundary review board.
Districts authorized.
Petition—Certification.
Petition—Notice of sufficiency.
Petition—Public hearing.
Public hearing—Notice—Publication and posting.
Hearing—Inclusion and exclusion of land.
Action on petition—Resolution—Election—District name
when located in more than one county.
Election.
Declaration of election results—Resolution.
Appeal.
Organization conclusive.
52.02.001 Actions subject to review by boundary
review board. Actions taken under chapter 52.02 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 41.]
52.02.020 Districts authorized. Fire protection
districts for the provision of fire prevention services, fire
suppression services, emergency medical services, and for
the protection of life and property in areas outside of cities
and towns, except where the cities and towns have been
annexed into a fire protection district or where the district is
continuing service pursuant to RCW 35.02.202, are authorized to be established as provided in this title. [1991 c 360
§ 10; 1984 c 230 § 1; 1979 ex.s. c 179 § 5; 1959 c 237 § 1;
1947 c 254 § 1; 1945 c 162 § 1; 1943 c 121 § 1; 1941 c 70
§ 1; 1939 c 34 § 1; Rem. Supp. 5654-101. Formerly RCW
52.04.020.]
Construction—Severability—1939 c 34: "The provisions of this act
and proceedings thereunder shall be liberally construed with a view to effect
their objects. If any section or provision of this act shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of
the act as a whole or any section, provision or part thereof not adjudged to
be invalid or unconstitutional." [1939 c 34 § 51.]
Validating—Saving—1939 c 34: "Any petition heretofore drawn,
signed and filed with the county auditor in compliance with the provisions
of section 1 to section 6, inclusive, of the Laws of 1933, Extraordinary
Session, shall be valid and the various steps required by this act for the
creation of a fire-protection district may be continued, if the further steps to
be taken are begun within ninety (90) days after the taking effect of this act
[March 1, 1939], and it shall not be necessary to prepare, sign and file with
the county auditor a new petition, and any district so created shall not be
invalid by reason of the failure to draw, sign and file a new petition under
the provisions of this act." [1939 c 34 § 49.]
52.02.030 Petition—Certification. (1) For the
purpose of the formation of a fire protection district, a
petition designating the boundaries of the proposed district,
by metes and bounds, or by describing the lands to be included in the proposed district by United States townships,
ranges and legal subdivisions, signed by not less than ten
percent of the registered voters who reside within the
boundaries of the proposed district who voted in the last
general municipal election, and setting forth the object for
the creation of the proposed district and alleging that the
establishment of the proposed district will be conducive to
the public safety, welfare, and convenience, and will be a
benefit to the property included in the proposed district, shall
be filed with the county auditor of the county in which all,
or the largest portion of, the proposed district is located,
accompanied by an obligation signed by two or more
petitioners, agreeing to pay the cost of the publication of the
notice required by this title. The organization of any fire
protection district previously formed is hereby approved and
confirmed as a legally organized fire protection district in the
state of Washington.
[Title 52 RCW—page 1]
52.02.030
Title 52 RCW: Fire Protection Districts
(2) The county auditor shall, within thirty days from the
date of filing the petition, examine the signatures and certify
to the sufficiency or insufficiency of the signatures. If the
proposed fire protection district is located in more than one
county, the auditor of the county in which the largest portion
of the proposed fire protection district is located shall be the
lead auditor and shall transmit a copy of the petition to the
auditor or auditors of the other county or counties within
which the proposed fire protection district is located. Each
of these other auditors shall certify to the lead auditor both
the total number of registered voters residing in that portion
of the proposed fire protection district that is located in the
county and the number of valid signatures of such voters
who have signed the petition. The lead auditor shall certify
the sufficiency or insufficiency of the signatures. The books
and records of the auditor shall be prima facie evidence of
the truth of the certificate. No person having signed the
petition is allowed to withdraw his or her name after the
filing of the petition with the county auditor.
(3) If the petition is found to contain a sufficient
number of signatures of registered voters residing within the
proposed district, the county auditor shall transmit the
petition, together with the auditor’s certificate of sufficiency,
to the county legislative authority or authorities of the county
or counties in which the proposed fire protection district is
located. [1990 c 259 § 12; 1989 c 63 § 1; 1984 c 230 § 2;
1963 ex.s. c 13 § 1; 1947 c 254 § 2; 1939 c 34 § 2; Rem.
Supp. 1947 § 5654-102. Prior: 1933 c 60 § 2. Formerly
RCW 52.04.030.]
the boundary review board that has had its jurisdiction
invoked over the proposal must act if the proposal is deemed
to have been approved. The hearing by the county legislative authority may be completed at the scheduled time or
may be adjourned from time to time as may be necessary for
a determination of the petition, but such adjournment or
adjournments shall not extend the time for considering the
petition more than twenty days from the date of the initial
hearing on the petition.
(2) If the proposed fire protection district is located in
more than one county, a public hearing shall be held in each
of the counties by the county legislative authority or boundary review board. Joint public hearings may be held by two
or more county legislative authorities, or two or more boundary review boards, on the proposal. [1989 c 63 § 3; 1984 c
230 § 3; 1939 c 34 § 3; RRS § 5654-103. Prior: 1933 c 60
§ 2. Formerly RCW 52.04.040.]
52.02.035 Petition—Notice of sufficiency. The
county auditor who certifies the sufficiency of the petition
shall notify the person or persons who submitted the petition
of its sufficiency or insufficiency within five days of when
the determination of sufficiency or insufficiency is made.
Notice shall be by certified mail and additionally may be
made by telephone. If a boundary review board exists in the
county or counties in which the proposed fire protection
district is located and the petition has been certified as being
sufficient, the petitioners shall file notice of the proposed
incorporation with the boundary review board or boards.
[1989 c 63 § 2.]
52.02.060 Hearing—Inclusion and exclusion of land.
At the time and place of the hearing on the petition or at any
adjournment thereof, the county legislative authority shall
consider the petition and shall receive evidence as it deems
material in favor of or opposed to the formation of the
district or to the inclusion or exclusion of any lands. No
lands outside of the boundaries of the proposed district as
described in the petition may be included within the district
without a written petition describing the land, executed by all
persons having an interest of record in the lands, and filed
with the proceedings on the petition. No land within the
boundaries described in the petition, except that land which
the county legislative authority finds will receive no benefits
from the proposed district, may be excluded from the
district. [1984 c 230 § 5; 1947 c 254 § 3; 1939 c 34 § 5;
Rem. Supp. 1947 § 5654-105. Prior: 1933 c 60 § 3.
Formerly RCW 52.04.060.]
52.02.040 Petition—Public hearing. (1) A public
hearing on the petition shall be held by the county legislative
authority of the county in which the proposed fire protection
district is located if: (a) No boundary review board exists in
the county; (b) jurisdiction by the boundary review board
over the proposal has not been invoked; or (c) the boundary
review board fails to take action on the proposal over which
its jurisdiction has been invoked within the time period that
the board must act or a proposal is deemed to have been
approved. If such a public hearing is held by the county
legislative authority, the hearing shall be held not less than
twenty nor more than forty days from the date of receipt of
the petition with the certificate of sufficiency from the
county auditor if there is no boundary review board in the
county, or not more than one hundred days from when the
notice of the proposal was submitted to the boundary review
board if the jurisdiction of the boundary review board was
not invoked, or not less than forty days after the date that
[Title 52 RCW—page 2]
52.02.050 Public hearing—Notice—Publication and
posting. Notice of the public hearing by the county legislative authority on such a proposal shall be published for three
consecutive weeks in the official paper of the county prior
to the date set for the hearing and shall be posted for not
less than fifteen days prior to the date of the hearing in each
of three public places within the boundaries of the proposed
district. The notices shall contain the time, date, and place
of the public hearing. [1989 c 63 § 4; 1984 c 230 § 4; 1939
c 34 § 4; RRS § 5654-104. Prior: 1933 c 60 § 2. Formerly
RCW 52.04.050.]
52.02.070 Action on petition—Resolution—
Election—District name when located in more than one
county. The county legislative authority has the authority to
consider the petition and, if it finds that the lands or any
portion of the lands described in the petition, and any lands
added thereto by petition of those interested, will be benefited and that the formation of the district will be conducive
to the public safety, welfare, and convenience, it shall make
a finding by resolution; otherwise it shall deny the petition.
The county legislative authority shall consider only those
areas located within the county when considering the
petition. If the county legislative authority approves the
petition, it shall designate the name and number of the
(2002 Ed.)
Formation
district, fix the boundaries of the district that are located
within the county, and direct that an election be held within
the proposed district for the purpose of determining whether
the district shall be organized under this title and for the
purpose of the election of its first fire commissioners.
Where a proposed fire protection district is located in
more than a single county, the fire protection district shall be
identified by the name of each county in which the proposed
fire protection district is located, listed alphabetically,
followed by a number that is the next highest number
available for a fire protection district in the one of these
counties that has the greatest number of fire protection
districts. An election on a proposed fire protection district
that is located in more than one county shall not be held
unless the proposed district has been approved by the county
legislative authorities, or boundary review boards, of each
county within which the proposed district is located. [1989
c 63 § 5; 1984 c 230 § 6; 1939 c 34 § 6; RRS § 5654-106.
Prior: 1933 c 60 § 3. Formerly RCW 52.04.070.]
the county legislative authority declaring the district to be
organized, and the filing of the certified copies of the
resolution of the county legislative authority with the county
auditor and the county assessor, the creation of the district
is complete and its legal existence cannot thereafter be
questioned by any person by reason of a defect in the
proceedings for the organization of the district. [1984 c 230
§ 14; 1939 c 34 § 14; RRS § 5654-114. Formerly RCW
52.04.150.]
Chapter 52.04
ANNEXATION
Sections
52.04.001
52.04.011
52.04.021
52.04.031
52.02.080 Election. The election on the formation of
the district and to elect the initial fire commissioners shall be
conducted by the election officials of the county or counties
in which the proposed district is located in accordance with
the general election laws of the state. This election shall be
held at the next general election date, as specified under
RCW 29.13.020, that occurs forty-five or more days after the
date of the action by the boundary review board, or county
legislative authority or authorities, approving the proposal.
[1989 c 63 § 6; 1984 c 230 § 7; 1939 c 34 § 7; RRS §
5654-107. Formerly RCW 52.04.080.]
52.04.041
52.04.051
Elections: Title 29 RCW.
52.04.131
52.02.110 Declaration of election results—
Resolution. If three-fifths of all the votes cast at the
election were cast in favor of the ballot proposition to create
the proposed fire protection district, the county legislative
authority of the county in which all, or the largest portion of,
the proposed district is located shall by resolution declare the
territory organized as a fire protection district under the
name designated and shall declare the candidate for each fire
commissioner position who receives the highest number of
votes for that position to be an initial fire commissioner of
the district. [1989 c 63 § 7; 1984 c 230 § 10; 1941 c 70 §
2; 1939 c 34 § 10; Rem. Supp. 1941 § 5654-110. Formerly
RCW 52.04.110.]
52.02.140 Appeal. Any person or entity having a
substantial interest and feeling aggrieved by any finding,
determination, or resolution of the county legislative authority in the proceedings for the organization of a fire protection
district under this title, may appeal within five days after the
action of the county legislative authority to the superior court
of the county, in the same manner as provided by law for
appeals from the orders and determinations of the county
legislative authority. [1984 c 230 § 13; 1939 c 34 § 13;
RRS § 5654-113. Formerly RCW 52.04.140.]
Appeal from board’s action: RCW 36.32.330.
52.02.150 Organization conclusive. After the
expiration of five days from the approval of the resolution of
(2002 Ed.)
52.02.070
52.04.056
52.04.061
52.04.071
52.04.081
52.04.091
52.04.101
52.04.111
52.04.121
52.04.141
52.04.151
52.04.161
Merger of
Actions subject to review by boundary review board.
Annexation of territory by election method—Procedure—
Indebtedness—Election dispensed with, when.
Annexation by petition method—Alternative to election
method.
Annexation by petition method—Petition—Signers—
Content.
Annexation by petition method—Hearing—Notice.
Annexation by petition method—Resolution providing for
annexation.
Withdrawal or reannexation of areas.
Annexation of adjacent city or town—Procedure.
Annexation of adjacent city or town—Election.
Annexation of adjacent city or town—Annual tax levies—
Limitations.
Additional territory annexed by city to be part of district.
Withdrawal by annexed city or town—Election.
Annexation of city or town—Transfer of employees.
Annexation of city or town—Transfer of employees—Rights
and benefits.
Annexation of city or town—Transfer of employees—
Notice—Time limitation.
Annexation of contiguous territory not in same county.
Annexation of territory not in same county—District name.
Newly incorporated city or town deemed annexed by district—Withdrawal.
part of district with adjacent district: RCW 52.06.090.
52.04.001 Actions subject to review by boundary
review board. Actions taken under chapter 52.04 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 42.]
52.04.011 Annexation of territory by election
method—Procedure—Indebtedness—Election dispensed
with, when. (1) A territory adjacent to a fire protection
district and not within the boundaries of a city, town, or
other fire protection district may be annexed to the fire
protection district by petition of fifteen percent of the
qualified registered electors residing within the territory
proposed to be annexed. Such territory may be located in a
county or counties other than the county or counties within
which the fire protection district is located. The petition
shall be filed with the fire commissioners of the fire protection district and if the fire commissioners concur in the
petition they shall file the petition with the county auditor of
the county within which the territory is located. If this
territory is located in more than one county, the original
petition shall be filed with the auditor of the county within
which the largest portion of the territory is located, who shall
be designated as the lead auditor, and a copy shall be filed
[Title 52 RCW—page 3]
52.04.011
Title 52 RCW: Fire Protection Districts
with the auditor of each other county within which such
territory is located. Within thirty days after the date of the
filing of the petition the auditor shall examine the signatures
on the petition and certify to the sufficiency or insufficiency
of the signatures. If this territory is located in more than
one county, the auditor of each other county who receives a
copy of the petition shall examine the signatures and certify
to the lead auditor the number of valid signatures and the
number of registered voters residing in that portion of the
territory that is located within the county. The lead auditor
shall certify the sufficiency or insufficiency of the signatures.
After the county auditor has certified the sufficiency of
the petition, the county legislative authority or authorities, or
the boundary review board or boards, of the county or
counties in which such territory is located shall consider the
proposal under the same basis that a proposed incorporation
of a fire protection district is considered, with the same
authority to act on the proposal as in a proposed incorporation, as provided under chapter 52.02 RCW. If the proposed
annexation is approved by the county legislative authority or
boundary review board, the board of fire commissioners
shall adopt a resolution requesting the county auditor to call
a special election, as specified under RCW 29.13.020, at
which the ballot proposition is to be submitted. No annexation shall occur when the territory proposed to be annexed
is located in more than one county unless the county
legislative authority or boundary review board of each
county approves the proposed annexation.
(2) The county legislative authority or authorities of the
county or counties within which such territory is located
have the authority and duty to determine on an equitable
basis, the amount of any obligation which the territory to be
annexed to the district shall assume to place the property
owners of the existing district on a fair and equitable
relationship with the property owners of the territory to be
annexed as a result of the benefits of annexing to a district
previously supported by the property owners of the existing
district. If a boundary review board has had its jurisdiction
invoked on the proposal and approves the proposal, the
county legislative authority of the county within which such
territory is located may exercise the authority granted in this
subsection and require such an assumption of indebtedness.
This obligation may be paid to the district in yearly benefit
charge installments to be fixed by the county legislative
authority. This benefit charge shall be collected with the
annual tax levies against the property in the annexed territory
until fully paid. The amount of the obligation and the plan
of payment established by the county legislative authority
shall be described in general terms in the notice of election
for annexation and shall be described in the ballot proposition on the proposed annexation that is presented to the
voters for their approval or rejection. Such benefit charge
shall be limited to an amount not to exceed a total of fifty
cents per thousand dollars of assessed valuation: PROVIDED, HOWEVER, That the special election on the proposed
annexation shall be held only within the boundaries of the
territory proposed to be annexed to the fire protection district.
(3) On the entry of the order of the county legislative
authority incorporating the territory into the existing fire
protection district, the territory shall become subject to the
indebtedness, bonded or otherwise, of the existing district.
[Title 52 RCW—page 4]
If the petition is signed by sixty percent of the qualified
registered electors residing within the territory proposed to
be annexed, and if the board of fire commissioners concur,
an election in the territory and a hearing on the petition shall
be dispensed with and the county legislative authority shall
enter its order incorporating the territory into the existing fire
protection district. [1999 c 105 § 1; 1989 c 63 § 8; 1984 c
230 § 22; 1973 1st ex.s. c 195 § 49; 1965 ex.s. c 18 § 1;
1959 c 237 § 3; 1947 c 254 § 5; 1945 c 162 § 2; 1941 c 70
§ 3; Rem. Supp. 1947 § 5654-116a. Formerly RCW
52.08.060.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
52.04.021 Annexation by petition method—
Alternative to election method. The method of annexation
provided for in RCW 52.04.031, 52.04.041, and 52.04.051
shall be an alternate method to that specified in RCW
52.04.011. [1984 c 230 § 23; 1965 c 59 § 1. Formerly
RCW 52.08.065.]
52.04.031 Annexation by petition method—
Petition—Signers—Content. A petition for annexation of
an area adjacent to a fire district shall be in writing, addressed to and filed with the board of fire commissioners of
the district to which annexation is desired. Such territory
may be located in a county or counties other than the county
or counties within which the fire protection district is
located. It must be signed by the owners, according to the
records of the county auditor or auditors, of not less than
sixty percent of the area of land included in the annexation
petition, shall set forth a legal description of the property and
shall be accompanied by a plat which outlines the boundaries
of the property to be annexed. The petition shall state the
financial obligation, if any, to be assumed by the area to be
annexed. [1999 c 105 § 2; 1989 c 63 § 9; 1984 c 230 § 24;
1965 c 59 § 2. Formerly RCW 52.08.066.]
52.04.041 Annexation by petition method—
Hearing—Notice. If the petition for annexation filed with
the board of commissioners complies with the requirements
of law, the board may accept the petition, fix a date for
public hearing, and publish notice of the hearing in a
newspaper of general circulation in the area proposed to be
annexed and also post the notice in three public places
within the area proposed for annexation. The notice shall
specify the time and place of the hearing and invite interested persons to attend. The expense of publication of the notice shall be paid by the district. [1984 c 230 § 25; 1965 c
59 § 3. Formerly RCW 52.08.067.]
52.04.051 Annexation by petition method—
Resolution providing for annexation. After the hearing,
the board of fire commissioners shall determine by resolution
whether the area shall be annexed. It may annex all or any
portion of the proposed area but may not include in the
annexation property not described in the petition. The
proposed annexation shall be subject to action by the county
legislative authority, as provided under RCW 52.04.011, to
the same extent as if the annexation were done under the
election method of annexation. If the area proposed to be
(2002 Ed.)
Annexation
annexed under this procedure is reduced, the annexation shall
occur only if the owners of not less than sixty percent of the
remaining area have signed the petition. After adoption of
the resolution a copy shall be filed with the county legislative authority or authorities within which the territory is
located. [1989 c 63 § 10; 1984 c 230 § 26; 1965 c 59 § 4.
Formerly RCW 52.08.068.]
52.04.056 Withdrawal or reannexation of areas. (1)
As provided in this section, a fire protection district may
withdraw areas from its boundaries, or reannex areas into the
fire protection district that previously had been withdrawn
from the fire protection district under this section.
(2) The withdrawal of an area shall be authorized upon:
(a) Adoption of a resolution by the board of fire commissioners requesting the withdrawal and finding that, in the
opinion of the board, inclusion of this area within the fire
protection district will result in a reduction of the district’s
tax levy rate under the provisions of RCW 84.52.010; and
(b) adoption of a resolution by the city or town council
approving the withdrawal, if the area is located within the
city or town, or adoption of a resolution by the county
legislative authority or authorities of the county or counties
within which the area is located approving the withdrawal,
if the area is located outside of a city or town. A withdrawal shall be effective at the end of the day on the thirty-first
day of December in the year in which the resolutions are
adopted, but for purposes of establishing boundaries for
property tax purposes, the boundaries shall be established
immediately upon the adoption of the second resolution.
The authority of an area to be withdrawn from a fire
protection district as provided under this section is in
addition, and not subject, to the provisions of RCW
52.04.101.
The withdrawal of an area from the boundaries of a fire
protection district shall not exempt any property therein from
taxation for the purpose of paying the costs of redeeming
any indebtedness of the fire protection district existing at the
time of the withdrawal.
(3) An area that has been withdrawn from the boundaries of a fire protection district under this section may be
reannexed into the fire protection district upon: (a) Adoption
of a resolution by the board of fire commissioners proposing
the reannexation; and (b) adoption of a resolution by the city
or town council approving the reannexation, if the area is
located within the city or town, or adoption of a resolution
by the county legislative authority or authorities of the
county or counties within which the area is located approving the reannexation, if the area is located outside of a city
or town. The reannexation shall be effective at the end of
the day on the thirty-first day of December in the year in
which the adoption of the second resolution occurs, but for
purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the
adoption of the second resolution. Referendum action on
the proposed reannexation may be taken by the voters of the
area proposed to be reannexed if a petition calling for a
referendum is filed with the city or town council, or county
legislative authority or authorities, within a thirty-day period
after the adoption of the second resolution, which petition
has been signed by registered voters of the area proposed to
(2002 Ed.)
52.04.051
be reannexed equal in number to ten percent of the total
number of the registered voters residing in that area.
If a valid petition signed by the requisite number of
registered voters has been so filed, the effect of the resolutions shall be held in abeyance and a ballot proposition to
authorize the reannexation shall be submitted to the voters of
the area at the next special election date specified in *RCW
29.13.020 that occurs forty-five or more days after the petitions have been validated. Approval of the ballot proposition
authorizing the reannexation by a simple majority vote shall
authorize the reannexation. [1989 c 63 § 11; 1987 c 138 §
3.]
*Reviser’s note: As enacted by 1987 c 138 § 3, this section
contained an apparently erroneous reference to RCW 29.13.030, a section
repealed in 1965. Pursuant to RCW 1.08.015, this reference has been
changed to RCW 29.13.020, a later enactment of the section repealed.
52.04.061 Annexation of adjacent city or town—
Procedure. A city or town lying adjacent to a fire protection district may be annexed to such district if at the time of
the initiation of annexation the population of the city or town
is 100,000 or less. The legislative authority of the city or
town may initiate annexation by the adoption of an ordinance stating an intent to join the fire protection district and
finding that the public interest will be served thereby. If the
board of fire commissioners of the fire protection district
shall concur in the annexation, notification thereof shall be
transmitted to the legislative authority or authorities of the
counties in which the city or town and the district are
situated. [1999 c 105 § 3; 1985 c 313 § 1; 1979 ex.s. c 179
§ 1. Formerly RCW 52.04.170.]
52.04.071 Annexation of adjacent city or town—
Election. The county legislative authority or authorities
shall by resolution call a special election to be held in the
city or town and in the fire protection district at the next
date provided in RCW 29.13.010 but not less than forty-five
days from the date of the declaration of the finding, and
shall cause notice of the election to be given as provided for
in RCW 29.27.080.
The election on the annexation of the city or town into
the fire protection district shall be conducted by the auditor
of the county or counties in which the city or town and the
fire protection district are located in accordance with the
general election laws of the state. The results thereof shall
be canvassed by the canvassing board of the county or counties. No person is entitled to vote at the election unless he
or she is a qualified elector in the city or town or unless he
or she is a qualified elector within the boundaries of the fire
protection district. The ballot proposition shall be in
substantially the following form:
"Shall the city or town of . . . . . . be annexed to and be
a part of . . . . . . fire protection district?
YES . . . . . . . . . . . . . .
NO . . . . . . . . . . . . . . "
If a majority of the persons voting on the proposition in
the city or town and a majority of the persons voting on the
proposition in the fire protection district vote in favor
thereof, the city or town shall be annexed and shall be a part
[Title 52 RCW—page 5]
52.04.071
Title 52 RCW: Fire Protection Districts
of the fire protection district. [1984 c 230 § 16; 1979 ex.s.
c 179 § 2. Formerly RCW 52.04.180.]
Elections: Title 29 RCW.
52.04.081 Annexation of adjacent city or town—
Annual tax levies—Limitations. The annual tax levies
authorized by chapter 52.16 RCW shall be imposed throughout the fire protection district, including any city or town
annexed thereto. Any city or town annexed to a fire
protection district is entitled to levy up to three dollars and
sixty cents per thousand dollars of assessed valuation less
any regular levy made by the fire protection district or by a
library district under RCW 27.12.390 in the incorporated
area: PROVIDED, That the limitations upon regular
property taxes imposed by chapter 84.55 RCW apply. [1984
c 230 § 17; 1979 ex.s. c 179 § 4. Formerly RCW
52.04.190.]
52.04.091 Additional territory annexed by city to be
part of district. When any city, code city, or town is
annexed to a fire protection district under RCW 52.04.061
and 52.04.071, thereafter, any territory annexed by the city
shall also be annexed and be a part of the fire protection district. [1989 c 76 § 1.]
52.04.101 Withdrawal by annexed city or town—
Election. The legislative body of such a city or town which
has annexed to such a fire protection district, may, by
resolution, present to the voters of such city or town a
proposition to withdraw from said fire protection district at
any general election held at least three years following the
annexation to the fire protection district. If the voters
approve such a proposition to withdraw from said fire
protection district, the city or town shall have a vested right
in the capital assets of the district proportionate to the taxes
levied within the corporate boundaries of the city or town
and utilized by the fire district to acquire such assets. [1979
ex.s. c 179 § 3. Formerly RCW 52.04.200.]
52.04.111 Annexation of city or town—Transfer of
employees. When any city, code city or town is annexed to
a fire protection district under RCW 52.04.061 and
52.04.071, any employee of the fire department of such city,
code city or town who (1) was at the time of annexation
employed exclusively or principally in performing the powers, duties, and functions which are to be performed by the
fire protection district (2) will, as a direct consequence of
annexation, be separated from the employ of the city, code
city or town, and (3) can perform the duties and meet the
minimum requirements of the position to be filled, then such
employee may transfer his employment to the fire protection
district as provided in this section and RCW 52.04.121 and
52.04.131.
For purposes of this section and RCW 52.04.121 and
52.04.131, employee means an individual whose employment
with a city, code city or town has been terminated because
the city, code city or town was annexed by a fire protection
district for purposes of fire protection. [1986 c 254 § 10.]
[Title 52 RCW—page 6]
52.04.121 Annexation of city or town—Transfer of
employees—Rights and benefits. (1) An eligible employee
may transfer into the fire protection district civil service
system, if any, or if none, then may request transfer of employment under this section by filing a written request with
the board of fire commissioners of the fire protection district
and by giving written notice to the legislative authority of
the city, code city, or town. Upon receipt of such request by
the board of fire commissioners the transfer of employment
shall be made. The employee so transferring will (a) be on
probation for the same period as are new employees of the
fire protection district in the position filled, but if the
transferring employee has already completed a probationary
period as a fire fighter prior to the transfer, then the employee may only be terminated during the probationary period for
failure to adequately perform assigned duties, not meeting
the minimum qualifications of the position, or behavior that
would otherwise be subject to disciplinary action, (b) be
eligible for promotion no later than after completion of the
probationary period, (c) receive a salary at least equal to that
of other new employees of the fire protection district in the
position filled, and (d) in all other matters, such as retirement, vacation, and sick leave, have all the rights, benefits,
and privileges to which he or she would have been entitled
as an employee of the fire protection district from the
beginning of employment with the city, code city, or town
fire department: PROVIDED, That for purposes of layoffs
by the annexing fire agency, only the time of service accrued
with the annexing agency shall apply unless an agreement is
reached between the collective bargaining representatives of
the employees of the annexing and annexed fire agencies and
the annexing and annexed fire agencies. The city, code city,
or town shall, upon receipt of such notice, transmit to the
board of fire commissioners a record of the employee’s
service with the city, code city, or town which shall be
credited to such employee as a part of the period of employment in the fire protection district. All accrued benefits are
transferable provided that the recipient agency provides
comparable benefits. All benefits shall then accrue based on
the combined seniority of each employee in the recipient
agency.
(2) As many of the transferring employees shall be
placed upon the payroll of the fire protection district as the
district determines are needed to provide services. These
needed employees shall be taken in order of seniority and
the remaining employees who transfer as provided in this
section and RCW 52.04.111 and 52.04.131 shall head the list
for employment in the civil service system in order of their
seniority, to the end that they shall be the first to be reemployed in the fire protection district when appropriate
positions become available: PROVIDED, That employees
who are not immediately hired by the fire protection district
shall be placed on a reemployment list for a period not to
exceed thirty-six months unless a longer period is authorized
by an agreement reached between the collective bargaining
representatives of the employees of the annexing and
annexed fire agencies and the annexing and annexed fire
agencies. [1994 c 73 § 4; 1986 c 254 § 11.]
Effective date—1994 c 73: See note following RCW 35.10.365.
(2002 Ed.)
Annexation
52.04.131 Annexation of city or town—Transfer of
employees—Notice—Time limitation. When a city, code
city or town is annexed to a fire protection district and as a
result any employee is laid off who is eligible to transfer to
the fire protection district pursuant to this section and RCW
52.04.111 and 52.04.121, the city, code city or town shall
notify the employee of the right to transfer and the employee
shall have ninety days to transfer employment to the fire
protection district. [1986 c 254 § 12.]
52.04.141 Annexation of contiguous territory not in
same county. Any attempted annexation in 1987 and
thereafter by a fire protection district of contiguous territory,
that is located in a county other than the county in which the
fire protection district was located, is validated where the
annexation would have occurred if the territory had been
located in the same county as the fire protection district.
The effective date of such annexations occurring in 1987
shall be February 1, 1988, for purposes of establishing the
boundaries of taxing districts for purposes of imposing
property taxes as provided in RCW 84.09.030.
Any reference to a county official of the county in
which a fire protection district is located or proposed to be
located shall be deemed to refer to the appropriate county
official of each county in which the fire protection district is
located or proposed to be located. [1988 c 274 § 12.]
Purpose—Severability—1988 c 274: See notes following RCW
84.52.010.
52.04.151 Annexation of territory not in same
county—District name. Any fire protection district located
in a single county that annexes territory in another county
shall be identified by the name of each county in which the
fire protection district is located, listed alphabetically,
followed by a number that is the next highest number
available for a fire protection district in the one of these
counties that has the greatest number of fire protection districts. [1989 c 63 § 12.]
52.04.161 Newly incorporated city or town deemed
annexed by district—Withdrawal. If the area of a newly
incorporated city or town is located in one or more fire
protection districts, the city or town is deemed to have been
annexed by the fire protection district or districts effective
immediately on the city’s or town’s official date of incorporation, unless the city or town council adopts a resolution
during the interim transition period precluding the annexation
of the newly incorporated city or town by the fire protection
district or districts. The newly incorporated city or town
shall remain annexed to the fire protection district or districts
for the remainder of the year of the city’s or town’s official
date of incorporation, or through the following year if such
extension is approved by resolution adopted by the city or
town council and by the board or boards of fire commissioners, and shall be withdrawn from the fire protection district
or districts at the end of this period, unless a ballot proposition is adopted by the voters pursuant to RCW 52.04.071
providing for annexation of the city or town to a fire
protection district.
If the city or town is withdrawn from the fire protection
district or districts, the maximum rate of the first property
(2002 Ed.)
52.04.131
tax levy that is imposed by the city or town after the
withdrawal is calculated as if the city or town never had
been annexed by the fire protection district or districts.
[1993 c 262 § 1.]
Chapter 52.06
MERGER
Sections
52.06.001
52.06.010
52.06.020
52.06.030
52.06.050
52.06.060
52.06.070
52.06.080
52.06.085
52.06.090
52.06.100
52.06.110
52.06.120
52.06.130
52.06.140
52.06.150
Actions subject to review by boundary review board.
Merger of districts authorized—Review.
Petition—Contents.
Action on petition—Special election.
Vote required—Status after favorable vote.
Merger by petition.
Obligations of merged districts.
Delivery of property and funds.
Board membership upon merger of districts—Subsequent
boards—Creation of commissioner districts.
Merger of part of district with adjacent district.
Merger of part of district with adjacent district—When election unnecessary.
Transfer of employees.
Transfer of employees—Rights and benefits.
Transfer of employees—Notice—Time limitation.
Merger of districts located in different counties—District
name.
Merger of districts located in same county—District name.
52.06.001 Actions subject to review by boundary
review board. Actions taken under chapter 52.06 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 43.]
52.06.010 Merger of districts authorized—Review.
A fire protection district may merge with another adjacent
fire protection district, on such terms and conditions as they
agree upon, in the manner provided in this title. The fire
protection districts may be located in different counties. The
district desiring to merge with another district, or the district
from which it is proposed that a portion of the district be
merged with another district, shall be called the "merging
district." The district into which the merger is to be made
shall be called the "merger district." The merger of any
districts under chapter 52.06 RCW is subject to potential
review by the boundary review board or boards of the
county in which the merging district, or the portion of the
merging district that is proposed to be merged with another
district, is located. [1989 c 63 § 13; 1984 c 230 § 57; 1947
c 254 § 12; Rem. Supp. 1947 § 5654-151a. Formerly RCW
52.24.010.]
52.06.020 Petition—Contents. To effect such a
merger, a petition to merge shall be filed with the board of
the merger district by the commissioners of the merging district. The commissioners of the merging district may sign
and file the petition on their own initiative, and they shall
file a petition when it is signed by ten percent of the
registered voters resident in the merging district who voted
in the last general municipal election and presented to the
board of commissioners. The petition shall state the reasons
for the merger, state the terms and conditions under which
the merger is proposed, and request the merger. [1990 c 259
[Title 52 RCW—page 7]
52.06.020
Title 52 RCW: Fire Protection Districts
§ 13; 1984 c 230 § 58; 1947 c 254 § 13; Rem. Supp. 1947
§ 5654-151b. Formerly RCW 52.24.020.]
52.06.030 Action on petition—Special election. The
board of the merger district may, by resolution, reject or
approve the petition as presented, or it may modify the terms
and conditions of the proposed merger, and shall transmit the
petition, together with a copy of its resolution to the merging
district.
If the petition is approved as presented or as modified,
the board of the merging district shall send an elector-signed
petition, if there is one, to the auditor or auditors of the
county or counties in which the merging district is located,
who shall within thirty days examine the signatures and
certify to the sufficiency or insufficiency of the signatures.
If the merging district is located in more than one county,
the auditor of the county within which the largest portion of
the merging district is located shall be the lead auditor.
Each other auditor shall certify to the lead auditor the
number of valid signatures and the number of registered
voters of the merging district who reside in the county. The
lead auditor shall certify as to the sufficiency or insufficiency of the signatures. No signatures may be withdrawn from
the petition after the filing. A certificate of sufficiency shall
be provided to the board of the merging district, which shall
adopt a resolution requesting the county auditor or auditors
to call a special election, as provided in RCW 29.13.020, for
the purpose of presenting the question of merging the
districts to the voters of the merging district.
If there is no elector-signed petition, the merging district
board shall adopt a resolution requesting the county auditor
or auditors to call a special election in the merging district,
as specified under RCW 29.13.020, for the purpose of
presenting the question of the merger to the electors. [1989
c 63 § 14; 1984 c 230 § 59; 1947 c 254 § 14; Rem. Supp.
1947 § 5654-151c. Formerly RCW 52.24.030.]
52.06.050 Vote required—Status after favorable
vote. The board of the merging district shall notify the
board of the merger district of the results of the election. If
a majority of the votes cast at the election favor the merger,
the respective district boards shall adopt concurrent resolutions, declaring the districts merged, under the name of the
merger district. Thereupon the districts are merged into one
district, under the name of the merger district; the merging
district is dissolved without further proceedings; and the
boundaries of the merger district are thereby extended to
include all the area of the merging district. Thereafter the
legal existence cannot be questioned by any person by
reason of any defect in the proceedings had for the merger.
[1995 c 79 § 1; 1947 c 254 § 16; Rem. Supp. 1947 § 5654151e. Formerly RCW 52.24.050.]
52.06.060 Merger by petition. If three-fifths of all
the qualified electors in the merging district sign the petition
to merge, no election on the question of the merger is
necessary and the auditor, or lead auditor if the merging
district is located in more than a single county, shall return
the petition, together with a certificate of sufficiency to the
board of the merging district. The boards of the respective
districts shall then adopt resolutions declaring the districts
[Title 52 RCW—page 8]
merged in the same manner and to the same effect as if the
merger had been authorized by an election. [1989 c 63 §
15; 1984 c 230 § 61; 1947 c 254 § 17; Rem. Supp. 1947 §
5654-151f. Formerly RCW 52.24.060.]
52.06.070 Obligations of merged districts. None of
the obligations of the merged districts or of a local improvement district located in the merged districts may be affected
by the merger and dissolution, and all land liable to be
assessed to pay any of the indebtedness shall remain liable
to the same extent as if the districts had not been merged
and any assessments previously levied against the land shall
remain unimpaired and shall be collected in the same manner
as if the districts had not merged. The commissioners of the
merged district shall have all the powers of the two districts
to levy, assess, and cause to be collected all assessments
against any land in both districts that may be necessary to
pay for the indebtedness thereof, and until the assessments
are collected and all indebtedness of the districts paid,
separate funds shall be maintained for each district as were
maintained before the merger: PROVIDED, That the board
of the merged district may, with the consent of the creditors
of the districts merged, cancel any or all assessments
previously levied, in accordance with the terms and conditions of the merger, so that the lands in the respective
districts bear their fair and proportionate share of the
indebtedness. [1984 c 230 § 62; 1947 c 254 § 18; Rem.
Supp. 1947 § 5654-151g. Formerly RCW 52.24.070.]
52.06.080 Delivery of property and funds. The
commissioners of the merging district shall, upon completion
of the merger, transfer, convey, and deliver to the merged
district all property and funds of the merging district,
together with all interest in and right to collect any assessments previously levied. [1984 c 230 § 63; 1947 c 254 §
19; Rem. Supp. 1947 § 5654-151h. Formerly RCW
52.24.080.]
52.06.085 Board membership upon merger of
districts—Subsequent boards—Creation of commissioner
districts. (1) Whenever two or more fire protection districts
merge, the board of fire commissioners of the merged fire
protection district shall consist of all of the fire commissioners of the districts that are merging, including a person who
is elected as a fire commissioner of one of the merging
districts at that same election that the ballot proposition was
approved authorizing the merger, who shall retain the same
terms of office they would possess as if the merger had not
been approved. The number of members on the board of the
merged district shall be reduced to either three or five
members as provided in subsections (2) and (3) of this
section, depending on whether the district has chosen to
eventually have either a three-member or a five-member
board under RCW 52.14.020.
(2) The number of members on the board of the merged
district shall be reduced by one whenever a fire commissioner resigns from office or a vacancy otherwise occurs on the
board, until the number of remaining members is reduced to
the number of members that is chosen for the board eventually to have. The reduction of membership on the board
shall not be considered to be a vacancy that is to be filled
(2002 Ed.)
Merger
until the number of remaining members is less than the
number of members on the board that is chosen for the
board eventually to have.
(3) At the next three district general elections after the
merger is approved, the number of fire commissioners for
the merged district that are elected shall be as follows,
notwithstanding the number of fire commissioners whose
terms expire:
(a) In the first election after the merger, only one
position shall be filled, whether the new fire protection
district be a three-member district or a five-member district.
(b) In each of the two subsequent elections, one position
shall be filled if the new fire protection district is a threemember district and two positions shall be filled if the new
fire protection district is a five-member district.
Thereafter, the fire commissioners shall be elected in the
same manner as prescribed for such fire protection districts
of the state.
(4) A ballot proposition to create commissioner districts
may be submitted to the voters of the fire protection districts
proposed to be merged at the same election the ballot
proposition is submitted authorizing the merging of the fire
protection districts. The procedure to create commissioner
districts shall conform with RCW 52.14.013, except that: (a)
Resolutions proposing the creation of commissioner districts
must be adopted by unanimous vote of the boards of fire
commissioners of each of the fire protection districts that are
proposed to be merged; and (b) commissioner districts will
be authorized only if the ballot propositions to authorize the
merger and to create commissioner districts are both approved. A ballot proposition authorizing the creation of
commissioner districts is approved if it is approved by a
simple majority vote of the combined voters of all the fire
protection districts proposed to be merged. The commissioner districts shall not be drawn until the number of
commissioners in the fire protection district has been reduced
under subsections (1) through (3) of this section to either
three or five commissioners. After this reduction of fire
commissioners has occurred the commissioner districts shall
be drawn and used for the election of the successor fire
commissioners. [1994 c 14 § 1; 1992 c 74 § 1; 1985 c 7 §
118; 1977 ex.s. c 121 § 1; 1971 c 55 § 1. Formerly RCW
52.24.085.]
52.06.090 Merger of part of district with adjacent
district. A part of one district may be transferred and
merged with an adjacent district if the area can be better
served by the merged district. To effect such a merger, a
petition, signed by a majority of the commissioners of the
merging district or signed by not less than fifteen percent of
the qualified electors residing in the area to be merged, shall
be filed with the commissioners of the merging district, if
signed by electors, or with the commissioners of the merger
district if signed by commissioners of the merging district.
If the commissioners of the merging district approve the
petition, the petition shall be presented to the commissioners
of the merger district. If the commissioners of the merger
district approve the petition, an election shall be called in the
area to be merged.
In the event that either board of fire district commissioners does not approve the petition, the petition may be
(2002 Ed.)
52.06.085
approved by the boundary review board of the county or the
county legislative authority of the county in which the area
to be merged is situated, and may approve the merger if it
decides the area can be better served by a merger. If the
part of the merging district that is proposed to merge with
the merger district is located in more than one county, the
approval must be by the boundary review board or county
legislative authority of each county. If there is an affirmative decision, an election shall be called in the area to be
merged.
A majority of the votes cast is necessary to approve the
transfer. [1989 c 63 § 16; 1984 c 230 § 64; 1965 ex.s. c 18
§ 2; 1963 c 42 § 1; 1953 c 176 § 5. Formerly RCW
52.24.090.]
52.06.100 Merger of part of district with adjacent
district—When election unnecessary. If three-fifths of the
qualified electors in the area to be merged sign a petition to
merge the districts, no election on the question of the merger
is necessary, in which case the auditor or lead auditor shall
return the petition, together with a certificate of sufficiency,
to the board of the merger district. The board of the merger
district shall then adopt a resolution declaring the portion of
the district merged in the same manner and to the same
effect as if the same had been authorized by an election.
[1989 c 63 § 17; 1984 c 230 § 65; 1953 c 176 § 6. Formerly RCW 52.24.100.]
52.06.110 Transfer of employees. When any portion
of a fire protection district merges with another fire protection district, any employee of the merging district who (1)
was at the time of merger employed exclusively or principally in performing the powers, duties, and functions which are
to be performed by the merger district (2) will, as a direct
consequence of the merger, be separated from the employ of
the merging district, and (3) can perform the duties and meet
the minimum requirements of the position to be filled, then
such employee may transfer employment to the merger
district as provided in this section and RCW 52.06.120 and
52.06.130.
For purposes of this section and RCW 52.06.120 and
52.06.130, employee means an individual whose employment
with a fire protection district has been terminated because
the fire protection district merged with another fire protection district for purposes of fire protection. [1986 c 254 §
13.]
52.06.120 Transfer of employees—Rights and
benefits. (1) An eligible employee may transfer into the
merger district by filing a written request with the board of
fire commissioners of the merger district and by giving
written notice to the board of fire commissioners of the
merging district. Upon receipt of such request by the board
of the merger district the transfer of employment shall be
made. The employee so transferring will (a) be on probation
for the same period as are new employees of the merger
district in the position filled, but if the transferring employee
has already completed a probationary period as a fire fighter
prior to the transfer, then the employee may only be terminated during the probationary period for failure to adequately
perform assigned duties, not meeting the minimum qualifica[Title 52 RCW—page 9]
52.06.120
Title 52 RCW: Fire Protection Districts
tions of the position, or behavior that would otherwise be
subject to disciplinary action, (b) be eligible for promotion
no later than after completion of the probationary period, (c)
receive a salary at least equal to that of other new employees
of the merger district in the position filled, and (d) in all
other matters, such as retirement, vacation, and sick leave,
have, all the rights, benefits, and privileges to which he or
she would have been entitled to as an employee of the
merger district from the beginning of employment with the
merging district: PROVIDED, That for purposes of layoffs
by the merger fire agency, only the time of service accrued
with the merger agency shall apply unless an agreement is
reached between the collective bargaining representatives of
the employees of the merging and merger fire agencies and
the merging and merger fire agencies. The board of the
merging district shall, upon receipt of such notice, transmit
to the board of the merger district a record of the employee’s
service with the merging district which shall be credited to
such employee as a part of the period of employment in the
merger district. All accrued benefits are transferable
provided that the recipient agency provides comparable
benefits. All benefits shall then accrue based on the combined seniority of each employee in the recipient agency.
(2) As many of the transferring employees shall be
placed upon the payroll of the merger district as the merger
district determines are needed to provide services. These
needed employees shall be taken in order of seniority and
the remaining employees who transfer as provided in this
section and RCW 52.06.110 and 52.06.130 shall head the list
for employment in order of their seniority, to the end that
they shall be the first to be reemployed in the merger district
when appropriate positions become available: PROVIDED,
That employees who are not immediately hired by the fire
protection district shall be placed on a reemployment list for
a period not to exceed thirty-six months unless a longer
period is authorized by an agreement reached between the
collective bargaining representatives of the employees of the
merging and merged fire agencies and the merging and
merged fire agencies. [1994 c 73 § 5; 1986 c 254 § 14.]
Effective date—1994 c 73: See note following RCW 35.10.365.
52.06.130 Transfer of employees—Notice—Time
limitation. If, as a result of merging of districts any
employee is laid off who is eligible to transfer to the merger
district under this section and RCW 52.06.110 and
52.06.120, the merging district shall notify the employee of
the right to transfer and the employee shall have ninety days
to transfer employment to the merger district. [1986 c 254
§ 15.]
52.06.140 Merger of districts located in different
counties—District name. A merger fire protection district
located in a single county, that merged with a merging fire
protection district located in another county or counties, shall
be identified by the name of each county in which the fire
protection district is located, listed alphabetically, followed
by a number that is the next highest number available for a
fire protection district in the one of these counties that has
the greatest number of fire protection districts. [1989 c 63
§ 18.]
[Title 52 RCW—page 10]
52.06.150 Merger of districts located in same
county—District name. A fire protection district resulting
from the merger of two or more fire protection districts
located in the same county shall be identified by the name
of the county and the number of the merger fire protection
district. However, the fire protection district resulting from
such a merger shall be identified by the number of the
merging district or one of the merging districts if a resolution providing for this number change is adopted by the
board of fire commissioners of the district resulting from the
merger or if resolutions providing for this number change are
adopted by each of the boards of fire commissioners of the
districts proposed to be merged. [1992 c 74 § 3.]
Chapter 52.08
WITHDRAWAL
Sections
52.08.001
52.08.011
52.08.021
52.08.025
Actions subject to review by boundary review board.
Withdrawal authorized.
Withdrawal by incorporation of part of district.
City may not be included within district—Exceptions—
Withdrawal of city.
52.08.032 Levy for emergency medical care and services.
52.08.035 City withdrawn to determine fire and emergency medical
protection methods—Contracts—Joint operations—Sale,
lease, etc., of property.
52.08.041 Taxes and assessments unaffected.
52.08.051 Commissioners residing in territory withdrawn—Vacancy
created.
Special purpose districts, expenditures to recruit job candidates: RCW
42.24.170.
52.08.001 Actions subject to review by boundary
review board. Actions taken under chapter 52.08 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 44.]
52.08.011 Withdrawal authorized. Territory within
a fire protection district may be withdrawn from the district
in the same manner provided by law for withdrawal of
territory from water-sewer districts, as provided by chapter
57.28 RCW. [1999 c 153 § 61; 1984 c 230 § 54; 1955 c
111 § 1. Formerly RCW 52.22.010.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Withdrawal or reannexation of areas: RCW 52.04.056.
52.08.021 Withdrawal by incorporation of part of
district. The incorporation of any previously unincorporated
land lying within a fire protection district shall operate to
automatically withdraw such lands from the fire protection
district. [1959 c 237 § 5; 1955 c 111 § 2. Formerly RCW
52.22.020.]
52.08.025 City may not be included within district—Exceptions—Withdrawal of city. Effective January
1, 1960, every city or town, or portion thereof, which is
situated within the boundaries of a fire protection district
shall become automatically removed from such fire protection district, and no fire protection district shall thereafter
include any city or town, or portion thereof, within its
(2002 Ed.)
Withdrawal
boundaries except as provided for in RCW 52.02.020,
52.04.061, 52.04.071, 52.04.081, 52.04.101, and 52.04.161.
However, if the area which incorporates or is annexed
includes all of a fire protection district, the fire protection
district, for purposes of imposing regular property taxes,
shall continue in existence: (1)(a) Until the first day of
January in the year in which the initial property tax collections of the newly incorporated city or town will be made,
if a resolution is adopted under RCW 52.04.161 precluding
annexation of the city or town to the district; (b) until the
city or town is withdrawn from the fire protection district, if
no such resolution is adopted and no ballot proposition under
RCW 52.04.161 is approved; or (c) indefinitely, if such a
ballot proposition is approved; or (2) until the first day of
January in the year the annexing city or town will collect its
property taxes imposed on the newly annexed area. The
members of the city or town council or commission shall act
as the board of commissioners to impose, receive, and
expend these property taxes. [1993 c 262 § 2; 1986 c 234
§ 35; 1985 c 7 § 119; 1979 ex.s. c 179 § 6; 1959 c 237 § 6.
Formerly RCW 52.22.030.]
52.08.032 Levy for emergency medical care and
services. See RCW 84.52.069.
52.08.035 City withdrawn to determine fire and
emergency medical protection methods—Contracts—
Joint operations—Sale, lease, etc., of property. A city or
town encompassing territory withdrawn under chapter 52.08
RCW shall determine the most effective and feasible fire
protection and emergency medical protection for the withdrawn territory, or any part thereof, and the legislative
authority of the city or town and the commissioners of the
fire protection district may, without limitation of any other
powers provided by law:
(1) Enter into contracts to the same extent as fire
protection districts and cities and towns may enter into
contracts under authority of RCW 52.12.031(3), and
(2) Sell, purchase, rent, lease, or exchange property of
every nature. [1984 c 230 § 55; 1959 c 237 § 8. Formerly
RCW 52.22.040.]
52.08.041 Taxes and assessments unaffected. The
provisions of RCW 57.28.110 shall apply to territory
withdrawn from a fire protection district under the provision
of chapter 52.08 RCW. [1985 c 7 § 120; 1959 c 237 § 7.
Formerly RCW 52.22.050.]
52.08.051 Commissioners residing in territory
withdrawn—Vacancy created. Fire protection district
commissioners residing in territory withdrawn from a fire
protection district shall be replaced in the manner provided
for the filling of vacancies in RCW 52.14.050. [1984 c 230
§ 56; 1959 c 237 § 9. Formerly RCW 52.22.060.]
Chapter 52.10
DISSOLUTION
Sections
52.10.001
52.10.010
52.10.020
Actions subject to review by boundary review board.
Dissolution—Election method.
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive
for five years.
52.10.001 Actions subject to review by boundary
review board. Actions taken under chapter 52.10 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 45.]
52.10.010 Dissolution—Election method. Fire
protection districts may be dissolved by a majority vote of
the registered electors of the district at an election conducted
by the election officials of the county or counties in which
the district is located in accordance with the general election
laws of the state. The proceedings for dissolution may be
initiated by the adoption of a resolution by the board of
commissioners of the district calling for the dissolution. The
dissolution of the district shall not cancel outstanding
obligations of the district or of a local improvement district
within the district, and the county legislative authority or
authorities of the county or counties in which the district was
located may make annual levies against the lands within the
district until the obligations of the districts are paid. When
the obligations are fully paid, all moneys in district funds
and all collections of unpaid district taxes shall be transferred to the expense fund of the county. Where the fire
protection district that was dissolved was located in more
than one county, the amount of money transferred to the
expense fund of each county shall be in direct proportion to
the amount of assessed valuation of the fire protection
district that was located in each county at the time of its
dissolution. [1989 c 63 § 19; 1984 c 230 § 15; 1939 c 34 §
46; RRS § 5654-146. Formerly RCW 52.04.155.]
Dissolution of special purpose districts: Chapters 36.96 and 53.48 RCW.
52.10.020 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
Chapter 52.12
POWERS—BURNING PERMITS
Sections
52.12.011
52.12.021
52.12.031
52.12.036
52.12.041
52.12.051
52.12.061
52.12.071
52.12.101
52.12.102
52.12.103
(2002 Ed.)
52.08.025
Status.
General powers.
Specific powers—Acquisition or lease of property or equipment—Contracts—Association of districts—Group life
insurance—Building inspections—Fire investigations.
Community revitalization financing—Public improvements.
Eminent domain.
Condemnation proceedings.
Contracts, promissory notes, deeds of trust, and mortgages
for purchase of property—Limit on indebtedness—
Election, when.
Liability insurance for officials and employees.
Burning permits authorized—Resolution.
Burning permits—Resolution to be published and posted.
Burning permits—Issuance—Contents.
[Title 52 RCW—page 11]
Chapter 52.12
Title 52 RCW: Fire Protection Districts
52.12.104
52.12.105
52.12.106
52.12.108
52.12.111
Burning permits—Duties of permittee.
Burning permits—Penalty.
Burning permits—Penalty.
Burning permits—Liability for fire suppression costs.
Use of equipment and personnel beyond district boundaries—Governmental function.
52.12.121 Use of equipment and personnel outside district—Duty of
fire fighter deemed duty for district—Benefits not impaired.
52.12.125 Reimbursement for fire suppression costs on state lands—
Limitations.
52.12.131 Emergency medical services—Establishment and collection
of charges.
52.12.140 Hazardous materials response teams.
52.12.150 Setting fires for fire fighter instruction—When burning permit not required—Notice, inspection required.
Association of fire commissioners to furnish information to legislature and
governor: RCW 44.04.170.
52.12.011 Status. Fire protection districts created
under this title are political subdivisions of the state and
shall be held to be municipal corporations within the laws
and Constitution of the state of Washington. A fire protection district shall constitute a body corporate and possess all
the usual powers of a corporation for public purposes as well
as all other powers that may now or hereafter be specifically
conferred by law. [1984 c 230 § 18; 1967 c 164 § 5; 1939
c 34 § 15; RRS § 5654-115. Formerly RCW 52.08.010.]
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
Tortious conduct of political subdivisions, municipal corporations, and
quasi municipal corporations, liability for damages: Chapter 4.96
RCW.
52.12.021 General powers. Fire protection districts
have full authority to carry out their purposes and to that end
may acquire, purchase, hold, lease, manage, occupy, and sell
real and personal property, or any interest therein, to enter
into and to perform any and all necessary contracts, to
appoint and employ the necessary officers, agents, and
employees, to sue and be sued, to exercise the right of
eminent domain, to levy and enforce the collection of assessments and special taxes in the manner and subject to the
limitations provided in this title against the lands within the
district for district revenues, and to do any and all lawful
acts required and expedient to carry out the purpose of this
title. [1984 c 230 § 19; 1939 c 34 § 16; RRS § 5654-116.
Formerly RCW 52.08.020.]
52.12.031 Specific powers—Acquisition or lease of
property or equipment—Contracts—Association of
districts—Group life insurance—Building inspections—
Fire investigations. Any fire protection district organized
under this title may:
(1) Lease, acquire, own, maintain, operate, and provide
fire and emergency medical apparatus and all other necessary
or proper facilities, machinery, and equipment for the
prevention and suppression of fires, the providing of emergency medical services and the protection of life and
property;
(2) Lease, acquire, own, maintain, and operate real
property, improvements, and fixtures for housing, repairing,
and maintaining the apparatus, facilities, machinery, and
equipment described in subsection (1) of this section;
[Title 52 RCW—page 12]
(3) Contract with any governmental entity under chapter
39.34 RCW or private person or entity to consolidate,
provide, or cooperate for fire prevention protection, fire
suppression, investigation, and emergency medical purposes.
In so contracting, the district or governmental entity is
deemed for all purposes to be acting within its governmental
capacity. This contracting authority includes the furnishing
of fire prevention, fire suppression, investigation, emergency
medical services, facilities, and equipment to or by the district, governmental entity, or private person or entity;
(4) Encourage uniformity and coordination of fire
protection district operations. The fire commissioners of fire
protection districts may form an association to secure
information of value in suppressing and preventing fires and
other district purposes, to hold and attend meetings, and to
promote more economical and efficient operation of the
associated fire protection districts. The commissioners of
fire protection districts in the association shall adopt articles
of association or articles of incorporation for a nonprofit
corporation, select a chairman, secretary, and other officers
as they may determine, and may employ and discharge
agents and employees as the officers deem convenient to
carry out the purposes of the association. The expenses of
the association may be paid from funds paid into the association by fire protection districts: PROVIDED, That the
aggregate contributions made to the association by a district
in a calendar year shall not exceed two and one-half cents
per thousand dollars of assessed valuation;
(5) Enter into contracts to provide group life insurance
for the benefit of the personnel of the fire districts;
(6) Perform building and property inspections that the
district deems necessary to provide fire prevention services
and pre-fire planning within the district and any area that the
district serves by contract in accordance with RCW
19.27.110: PROVIDED, That codes used by the district for
building and property inspections shall be limited to the
applicable codes adopted by the state, county, city, or town
that has jurisdiction over the area in which the property is
located. A copy of inspection reports prepared by the
district shall be furnished by the district to the appropriate
state, county, city, or town that has jurisdiction over the area
in which the property is located: PROVIDED, That nothing
in this subsection shall be construed to grant code enforcement authority to a district. This subsection shall not be
construed as imposing liability on any governmental jurisdiction;
(7) Determine the origin and cause of fires occurring
within the district and any area the district serves by contract. In exercising the authority conferred by this subsection, the fire protection district and its authorized representatives shall comply with the provisions of RCW
48.48.060;
(8) Perform acts consistent with this title and not
otherwise prohibited by law. [1995 c 369 § 65; 1986 c 311
§ 1; 1984 c 238 § 1; 1973 1st ex.s. c 195 § 48; 1963 c 101
§ 1; 1959 c 237 § 2; 1947 c 254 § 6; 1941 c 70 § 4; 1939
c 34 § 20; Rem. Supp. 1947 § 5654-120. Formerly RCW
52.08.030.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Hospitalization and medical insurance authorized: RCW 41.04.180.
(2002 Ed.)
Powers—Burning Permits
Use of city fire apparatus beyond city limits: RCW 35.84.040.
52.12.036 Community revitalization financing—
Public improvements. In addition to other authority that a
fire protection district possesses, a fire protection district
may provide any public improvement as defined under RCW
39.89.020, but this additional authority is limited to participating in the financing of the public improvements as
provided under RCW 39.89.050.
This section does not limit the authority of a fire
protection district to otherwise participate in the public
improvements if that authority exists elsewhere. [2001 c 212
§ 17.]
Severability—2001 c 212: See RCW 39.89.902.
52.12.041 Eminent domain. The taking and damaging of property or property rights by a fire protection district
to carry out the purposes of its organization are declared to
be for a public use. A district organized under this title may
exercise the power of eminent domain to acquire property or
property rights either inside or outside the district, for the
use of the district. A district exercising the power of
eminent domain shall proceed in the name of the district in
the manner provided by law for the appropriation of real
property or of real property rights by private corporations.
[1984 c 230 § 20; 1939 c 34 § 18; RRS § 5654-118.
Formerly RCW 52.08.040.]
Eminent domain: State Constitution Art. 1 § 16 (Amendment 9); chapter
8.20 RCW.
52.12.051 Condemnation proceedings. A fire
protection district may unite in a single action, proceedings
to condemn property which is held by separate owners. Two
or more condemnation suits instituted separately may also,
in the discretion of the court, upon a motion of an interested
party, be consolidated into a single action. In these cases,
the jury shall render separate verdicts for each tract of land
in different ownership. A finding of the jury or decree of
the court as to damages shall not in any manner be construed
to abridge or destroy the right of the district to levy and
collect taxes for district purposes against the uncondemned
land situated within the district. The title acquired by a fire
protection district in condemnation proceedings shall be the
fee simple title or a lesser estate as designated in the decree
of appropriation. [1984 c 230 § 21; 1939 c 34 § 19; RRS §
5654-119. Formerly RCW 52.08.050.]
52.12.061 Contracts, promissory notes, deeds of
trust, and mortgages for purchase of property—Limit on
indebtedness—Election, when. Fire protection districts
may execute executory conditional sales contracts, installment promissory notes secured by a deed of trust, or
mortgages with a governmental entity or a private party for
the purchase or sale of any real or personal property, or
property rights: PROVIDED, That the purchase price
specified in a contract or promissory note to purchase
property does not result in a total indebtedness in excess of
three-eighths of one percent of the value of the taxable
property in the fire protection district: PROVIDED FURTHER, That if a proposed purchase contract or promissory
note would result in a total indebtedness in excess of that
(2002 Ed.)
52.12.031
amount, a proposition to determine whether that contract or
promissory note may be executed shall be submitted to the
voters for approval or rejection in the same manner that
bond issues for capital purposes are submitted to the voters:
AND PROVIDED FURTHER, That a fire protection district
may jointly execute contracts, promissory notes, deeds of
trust, or mortgages authorized by this section with any
governmental entity.
The term "value of the taxable property" shall have the
meaning set forth in RCW 39.36.015. [1984 c 230 § 27;
1970 ex.s. c 42 § 29; 1965 c 21 § 1. Formerly RCW
52.08.080.]
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
52.12.071 Liability insurance for officials and
employees. The board of commissioners of each fire district
may purchase liability insurance with limits it deems
reasonable for the purpose of protecting its officials and
employees against liability for personal or bodily injuries and
property damage arising from their acts or omissions while
performing or in good faith purporting to perform their
official duties. [1984 c 230 § 28; 1973 c 125 § 3. Formerly
RCW 52.08.090.]
52.12.101 Burning permits authorized—Resolution.
In any district in which the commissioners have adopted and
published a resolution assuming the authority of issuing
burning permits, a person, firm, or corporation shall not start,
permit, or cause to be started or permitted an open fire on
any land within a fire protection district, without a written
permit issued by the district under terms and conditions as
the district establishes by resolution. A fire district shall not
assume authority to issue a burning permit for a fire on any
forest or cut over land, except as otherwise provided by law.
A fire district shall have the authority to revoke a permit
issued by the district for the protection of life or property or
to prevent or abate the nuisances caused by such burning.
[1987 c 21 § 1; 1984 c 229 § 1; 1947 c 254 § 20; Rem.
Supp. 1947 § 5654-151i. Formerly RCW 52.28.010.]
52.12.102 Burning permits—Resolution to be
published and posted. The commissioners of a district may
adopt a resolution authorizing the district to issue fire
permits and establishing the terms and conditions under
which the permit shall be issued. Notice of the resolution
shall be published once a week for three consecutive weeks
in a newspaper published in the county and of general
circulation in the district and post it in three public places in
the district. The affidavit of publication by the publisher and
of the clerk of the district of the posting shall be filed in the
records of the district. Ten days after the posting and the
last publication, the resolution shall take effect. [1984 c 229
§ 2; 1947 c 254 § 21; Rem. Supp. 1947 § 5654-151j.
Formerly RCW 52.28.020.]
52.12.103 Burning permits—Issuance—Contents.
Burning permits may be issued upon request, by the persons
authorized by the commissioners when the issuing officer
deems it appropriate. The permit shall designate the
premises and the exact location where the fire may be started
[Title 52 RCW—page 13]
52.12.103
Title 52 RCW: Fire Protection Districts
and permitted, the nature of the material to be burned, the
time limit of the permit, and may contain any special
requirements and conditions pertaining to the fire and the
control of the fire as the issuing officer deems appropriate.
[1984 c 229 § 3; 1947 c 254 § 22; Rem. Supp. 1947 § 5654151k. Formerly RCW 52.28.030.]
52.12.104 Burning permits—Duties of permittee.
The permittee shall comply with the terms and conditions of
the permit, and shall maintain a responsible person in charge
of the fire at all times who shall maintain the fire under control, not permit it to spread to other property or structures,
and extinguish the fire when the authorized burning is
completed or when directed by district personnel. The
possession of a permit shall not relieve the permittee from
liability for damages resulting from the fire for which the
permittee may otherwise be liable. [1984 c 229 § 4; 1947
c 254 § 23; Rem. Supp. 1947 § 5654-151l. Formerly RCW
52.28.040.]
Crimes relating to fires: Chapter 9A.48 RCW.
Liability for fire damage: RCW 4.24.040, 4.24.050, 4.24.060, 76.04.495,
76.04.750.
52.12.105 Burning permits—Penalty. The violation
of or failure to comply with any provision of this chapter
pertaining to fire permits, or of any term or condition of the
permit, is a misdemeanor. [1947 c 254 § 24; Rem. Supp.
1947 § 5654-151m. Formerly RCW 52.28.050.]
52.12.106 Burning permits—Penalty. The violation
of or failure to comply with any provision of this chapter
pertaining to fire permits, or of any term or condition of the
permit, is a misdemeanor. [1984 c 229 § 5.]
52.12.108 Burning permits—Liability for fire
suppression costs. If a person starts a fire without a permit
or if a permit holder fails to comply with any provision of
this chapter pertaining to fire permits, or of any term or
condition of the permit, and as a result of that failure the
district is required to suppress a fire, the person or permit
holder is liable to the district to reimburse it for the costs of
the fire suppression services. [1984 c 229 § 6.]
52.12.111 Use of equipment and personnel beyond
district boundaries—Governmental function. A fire
protection district may permit, under conditions prescribed
by the fire commissioners of the district, the use of its
equipment and personnel beyond the boundaries of the
district. Any use made of the equipment or personnel under
this section shall be deemed an exercise of a governmental
function of the district. [1984 c 230 § 77; 1980 c 43 § 1;
1969 c 88 § 2. Formerly RCW 52.36.025.]
52.12.121 Use of equipment and personnel outside
district—Duty of fire fighter deemed duty for district—
Benefits not impaired. If a fire fighter engages in any duty
outside the boundaries of the district the duty shall be
considered as part of the duty as fire fighter for the district,
and a fire fighter who is injured while engaged in duties
outside the boundaries of the district shall be entitled to the
[Title 52 RCW—page 14]
same benefits that the fire fighter or the fire fighter’s dependents would be entitled to receive if the injury occurred
within the district. [1984 c 230 § 78; 1969 c 88 § 3.
Formerly RCW 52.36.027.]
52.12.125 Reimbursement for fire suppression costs
on state lands—Limitations. Fire protection districts in
proximity to land protected by a state agency are encouraged
to enter into mutually beneficial contracts covering reciprocal
response arrangements. In the absence of such a contractual
agreement, a fire protection district that takes immediate
action on such land outside of its jurisdictional boundaries,
if such immediate response could prevent the spread of the
fire onto lands protected by the district, shall be reimbursed
by the state agency for its reasonable fire suppression costs
that are incurred until the responsible agency takes charge,
but in no event shall the costs exceed a twenty-four hour
period. A fire protection district suppressing a fire on such
lands shall as soon as practicable notify the responsible
agency. The state agency shall not be responsible to pay
such reimbursement if it is not so notified.
Reasonable efforts shall be taken to protect evidence of
the fire’s origin. The state agency shall not be responsible
to pay such reimbursement if reasonable efforts are not taken
to protect such evidence.
Requests for reimbursement shall be submitted within
thirty days of the complete suppression of the fire. Reasonable costs submitted for reimbursement include all salaries
and expenses of personnel, equipment, and supplies and shall
take into consideration the amount of compensation, if any,
paid by the fire protection district to its fire fighters. [1986
c 311 § 2.]
52.12.131 Emergency medical services—
Establishment and collection of charges. Any fire protection district which provides emergency medical services,
may by resolution establish and collect reasonable charges
for these services in order to reimburse the district for its
costs of providing emergency medical services. [1984 c 230
§ 81; 1975 c 64 § 1. Formerly RCW 52.36.090.]
52.12.140 Hazardous materials response teams.
Fire protection districts may cooperate and participate with
counties, cities, or towns in providing hazardous materials
response teams under the county, city, or town emergency
management plan provided for in RCW 38.52.070. The
participation and cooperation shall be pursuant to an agreement or contract entered into under chapter 39.34 RCW.
[1986 c 278 § 49.]
Severability—1986 c 278: See note following RCW 36.01.010.
52.12.150 Setting fires for fire fighter instruction—
When burning permit not required—Notice, inspection
required. Without obtaining a permit issued under RCW
70.94.650, fire protection district fire fighters may set fire to
structures located outside of urban growth areas in counties
that plan under the requirements of RCW 36.70A.040, and
outside of any city with a population of ten thousand or
more in all other counties, for instruction in methods of fire
fighting, if all of the following conditions are met:
(2002 Ed.)
Powers—Burning Permits
(1) In consideration of prevailing air patterns, the fire is
unlikely to cause air pollution in areas of sensitivity downwind of the proposed fire location;
(2) The fire is not located in an area that is declared to
be in an air pollution episode or any stage of an impaired air
quality as defined in RCW 70.94.715 and 70.94.473;
(3) Nuisance laws are applicable to the fire, including
nuisances related to the unreasonable interference with the
enjoyment of life and property and the depositing of particulate matter or ash on other property;
(4) Notice of the fire is provided to the owners of
property adjoining the property on which the fire will occur,
to other persons who potentially will be impacted by the fire,
and to additional persons in a broader manner as specifically
requested by the local air pollution control agency or the
department of ecology;
(5) Each structure that is proposed to be set on fire must
be identified specifically as a structure to be set on fire.
Each other structure on the same parcel of property that is
not proposed to be set on fire must be identified specifically
as a structure not to be set on fire; and
(6) Before setting a structure on fire, a good-faith
inspection is conducted by the fire agency or fire protection
district conducting the training fire to determine if materials
containing asbestos are present, the inspection is documented
in writing and forwarded to the appropriate local air authority or the department of ecology if there is no local air
authority, and asbestos that is found is removed as required
by state and federal laws. [2000 c 199 § 1; 1994 c 28 § 1.]
Chapter 52.14
COMMISSIONERS
Sections
52.14.010
52.14.013
52.14.015
52.14.017
52.14.020
52.14.030
52.14.050
52.14.060
52.14.070
52.14.080
52.14.090
52.14.100
52.14.110
52.14.120
52.14.130
Number—Qualifications—Insurance—Compensation and
expenses—Service as volunteer fire fighter.
Commissioner districts—Creation—Boundaries.
Increase from three to five commissioners—Election.
Decrease from five to three commissioners—Election—
Disposition of commissioner districts.
Number in district having full-time, fully-paid personnel—
Terms of first appointees.
Polling places.
Vacancies.
Commissioner’s terms.
Oath of office.
Chairman—Secretary—Duties and oath.
Office—Meetings.
Meetings—Powers and duties of board.
Purchases and public works—Competitive bids required—
Exceptions.
Purchases and public works—Competitive bidding procedures.
Low bidder claiming error—Prohibition on later bid for
same project.
52.14.010 Number—Qualifications—Insurance—
Compensation and expenses—Service as volunteer fire
fighter. The affairs of the district shall be managed by a
board of fire commissioners composed of three registered
voters residing in the district except as provided in RCW
52.14.015 and 52.14.020. Each member shall each receive
seventy dollars per day or portion thereof, not to exceed six
thousand seven hundred twenty dollars per year, for atten(2002 Ed.)
52.12.150
dance at board meetings and for performance of other services in behalf of the district.
In addition, they shall receive necessary expenses
incurred in attending meetings of the board or when otherwise engaged in district business, and shall be entitled to
receive the same insurance available to all fire fighters of the
district: PROVIDED, That the premiums for such insurance,
except liability insurance, shall be paid by the individual
commissioners who elect to receive it.
Any commissioner may waive all or any portion of his
or her compensation payable under this section as to any
month or months during his or her term of office, by a
written waiver filed with the secretary as provided in this
section. The waiver, to be effective, must be filed any time
after the commissioner’s election and prior to the date on
which the compensation would otherwise be paid. The
waiver shall specify the month or period of months for
which it is made.
The board shall fix the compensation to be paid the
secretary and all other agents and employees of the district.
The board may, by resolution adopted by unanimous vote,
authorize any of its members to serve as volunteer fire
fighters without compensation. A commissioner actually
serving as a volunteer fire fighter may enjoy the rights and
benefits of a volunteer fire fighter. [1998 c 121 § 2; 1994
c 223 § 48; 1985 c 330 § 2; 1980 c 27 § 1; 1979 ex.s. c 126
§ 31; 1973 c 86 § 1; 1971 ex.s. c 242 § 2; 1969 ex.s. c 67
§ 1; 1967 c 51 § 1; 1965 c 112 § 1; 1959 c 237 § 4; 1957
c 238 § 1; 1945 c 162 § 3; 1939 c 34 § 22; Rem. Supp.
1945 § 5654-122. Formerly RCW 52.12.010.]
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
Terms of commissioners: RCW 52.14.060.
52.14.013 Commissioner districts—Creation—
Boundaries. The board of fire commissioners of a fire
protection district may adopt a resolution by unanimous vote
causing a ballot proposition to be submitted to voters of the
district authorizing the creation of commissioner districts.
The board of fire commissioners shall create commissioner
districts if the ballot proposition authorizing the creation of
commissioner districts is approved by a simple majority vote
of the voters of the fire protection district voting on the
proposition. Three commissioner districts shall be created
for a fire protection district with three commissioners, and
five commissioner districts shall be created for a fire
protection district with five commissioners. No two commissioners may reside in the same commissioner district.
No change in the boundaries of any commissioner
district shall be made within one hundred twenty days next
before the date of a general district election, nor within
twenty months after the commissioner districts have been
established or altered. However, if a boundary change
results in one commissioner district being represented by two
or more commissioners, those commissioners having the
shortest unexpired terms shall be assigned by the commission to commissioner districts where there is a vacancy, and
the commissioners so assigned shall be deemed to be
residents of the commissioner districts to which they are
assigned for purposes of determining whether those positions
are vacant.
[Title 52 RCW—page 15]
52.14.013
Title 52 RCW: Fire Protection Districts
The population of each commissioner district shall
include approximately equal population. Commissioner
districts shall be redrawn as provided in chapter 29.70 RCW.
Commissioner districts shall be used as follows: (1) Only a
registered voter who resides in a commissioner district may
be a candidate for, or serve as, a commissioner of the
commissioner district; and (2) only voters of a commissioner
district may vote at a primary to nominate candidates for a
commissioner of the commissioner district. Voters of the
entire fire protection district may vote at a general election
to elect a person as a commissioner of the commissioner
district.
When a board of fire commissioners that has commissioner districts has been increased to five members under
RCW 52.14.015, the board of fire commissioners shall
divide the fire protection district into five commissioner
districts before it appoints the two additional fire commissioners. The two additional fire commissioners who are
appointed shall reside in separate commissioner districts in
which no other fire commissioner resides. [1994 c 223 § 49;
1992 c 74 § 2.]
Creation of commissioner districts upon merger: RCW 52.06.085.
52.14.015 Increase from three to five commissioners—Election. In the event a three member board of
commissioners of any fire protection district determines by
resolution that it would be in the best interest of the district
to increase the number of commissioners from three to five,
or in the event the board is presented with a petition signed
by ten percent of the registered voters resident within the
district who voted in the last general municipal election
calling for such an increase in the number of commissioners
of the district, the board shall submit a resolution to the
county legislative authority or authorities of the county or
counties in which the district is located requesting that an
election be held. Upon receipt of the resolution, the legislative authority or authorities of the county or counties shall
call a special election to be held within the fire protection
district at which election the following proposition shall be
submitted to the voters substantially as follows:
Shall the board of commissioners of . . . . . county fire
protection district no. . . . . . be increased from three
members to five members?
Yes . . . . .
No . . . . . .
If the fire protection district is located in more than a
single county, this proposition shall indicate the name of the
district.
If the proposition receives a majority approval at the
election, the board of commissioners of the fire protection
district shall be increased to five members. The two
additional members shall be appointed in the same manner
as provided in RCW 52.14.020. [1994 c 223 § 50; 1990 c
259 § 14; 1989 c 63 § 20; 1984 c 230 § 85.]
52.14.017 Decrease from five to three commissioners—Election—Disposition of commissioner districts.
Except as provided in RCW 52.14.020, in the event a fivemember board of commissioners of any fire protection
district determines by resolution that it would be in the best
[Title 52 RCW—page 16]
interest of the fire district to decrease the number of commissioners from five to three, or in the event the board is
presented with a petition signed by ten percent of the
registered voters resident within the district who voted in the
last general municipal election calling for such a decrease in
the number of commissioners of the district, the board shall
submit a resolution to the county legislative authority or
authorities of the county or counties in which the district is
located requesting that an election be held. Upon receipt of
the resolution, the legislative authority or authorities of the
county or counties shall call a special election to be held
within the fire protection district at which election the
following proposition shall be submitted to the voters
substantially as follows:
Shall the board of commissioners of . . . . . . county fire
protection district no. . . . be decreased from five members
to three members?
Yes . . .
No . . .
If the fire protection district has commissioner districts,
the commissioners of the district must pass a resolution,
before the submission of the proposition to the voters, to
either redistrict from five commissioner districts to three
commissioner districts or eliminate the commissioner districts. The resolution takes effect upon approval of the
proposition by the voters.
If the fire protection district is located in more than a
single county, this proposition shall indicate the name of the
district.
If the proposition receives a majority approval at the
election, the board of commissioners of the fire protection
district shall be decreased to three members. The two
members shall be decreased in accordance with RCW
52.06.085. [1997 c 43 § 1.]
52.14.020 Number in district having full-time, fullypaid personnel—Terms of first appointees. In a fire
protection district maintaining a fire department consisting
wholly of personnel employed on a full-time, fully-paid
basis, there shall be five fire commissioners. The two
positions created on boards of fire commissioners by this
section shall be filled initially as for a vacancy, except that
the appointees shall draw lots, one appointee to serve until
the next general fire district election after the appointment,
at which two commissioners shall be elected for six-year
terms, and the other appointee to serve until the second
general fire district election after the appointment, at which
two commissioners shall be elected for six-year terms.
[1984 c 230 § 29; 1971 ex.s. c 242 § 3. Formerly RCW
52.12.015.]
52.14.030 Polling places. The polling places for a
fire protection district election may be located inside or
outside the boundaries of the district, as determined by the
auditor of the county in which the fire protection district is
located, and the elections of the fire protection district shall
not be held to be irregular or void on that account. [1994 c
223 § 51; 1984 c 230 § 31; 1939 c 34 § 24; RRS § 5654124. Formerly RCW 52.12.030.]
(2002 Ed.)
Commissioners
52.14.050 Vacancies. Vacancies on a board of fire
commissioners shall occur as provided in chapter 42.12
RCW. In addition, if a fire commissioner is absent from the
district for three consecutive regularly scheduled meetings
unless by permission of the board, the office shall be
declared vacant by the board of commissioners. However,
such an action shall not be taken unless the commissioner is
notified by mail after two consecutive unexcused absences
that the position will be declared vacant if the commissioner
is absent without being excused from the next regularly
scheduled meeting. Vacancies on a board of fire commissioners shall be filled as provided in chapter 42.12 RCW.
[1994 c 223 § 52; 1989 c 63 § 21; 1984 c 238 § 2; 1977 c
64 § 1; 1974 ex.s. c 17 § 1; 1971 ex.s. c 153 § 1; 1939 c 34
§ 26; RRS § 5654-126. Formerly RCW 52.12.050.]
52.14.060 Commissioner’s terms. The initial three
members of the board of fire commissioners shall be elected
at the same election as when the ballot proposition is
submitted to the voters authorizing the creation of the fire
protection district. If the district is not authorized to be created, the election of the initial fire commissioners shall be
null and void. If the district is authorized to be created, the
initial fire commissioners shall take office immediately when
qualified. Candidates shall file for each of the three separate
fire commissioner positions. Elections shall be held as
provided in chapter 29.21 RCW, with the county auditor
opening up a special filing period as provided in RCW
29.15.170 and 29.15.180, as if there were a vacancy. The
person who receives the greatest number of votes for each
position shall be elected to that position. The terms of office
of the initial fire commissioners shall be staggered as
follows: (1) The person who is elected receiving the greatest
number of votes shall be elected to a six-year term of office
if the election is held in an odd-numbered year or a five-year
term of office if the election is held in an even-numbered
year; (2) the person who is elected receiving the next
greatest number of votes shall be elected to a four-year term
of office if the election is held in an odd-numbered year or
a three-year term of office if the election is held in an evennumbered year; and (3) the other person who is elected shall
be elected to a two-year term of office if the election is held
in an odd-numbered year or a one-year term of office if the
election is held in an even-numbered year. The initial
commissioners shall take office immediately when elected
and qualified and their terms of office shall be calculated
from the first day of January in the year following their
election.
The term of office of each subsequent commissioner
shall be six years. Each commissioner shall serve until a
successor is elected and qualified and assumes office in
accordance with RCW 29.04.170. [1994 c 223 § 53; 1989
c 63 § 22; 1984 c 230 § 33; 1979 ex.s. c 126 § 33; 1939 c
34 § 27; RRS § 5654-127. Formerly RCW 52.12.060.]
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
52.14.070 Oath of office. Before beginning the duties
of office, each fire commissioner shall take and subscribe the
official oath for the faithful discharge of the duties of office
as required by RCW 29.01.135, which oath shall be filed in
the office of the auditor of the county in which all, or the
(2002 Ed.)
52.14.050
largest portion of, the district is located. [1989 c 63 § 23;
1986 c 167 § 22; 1984 c 230 § 34; 1939 c 34 § 29; RRS §
5654-129. Formerly RCW 52.12.070.]
Severability—1986 c 167: See note following RCW 29.01.055.
52.14.080 Chairman—Secretary—Duties and oath.
The fire commissioners shall elect a chairman from their
number and shall appoint a secretary of the district, who
may or may not be a member of the board, for such term as
they shall by resolution determine. The secretary, if a
member of the board, shall not receive additional compensation for serving as secretary.
The secretary of the district shall keep a record of the
proceedings of the board, shall perform other duties as
prescribed by the board or by law, and shall take and
subscribe an official oath similar to that of the fire commissioners which oath shall be filed in the same office as that
of the commissioners. [1984 c 230 § 35; 1965 c 112 § 2;
1939 c 34 § 30; RRS § 5654-130. Formerly RCW
52.12.080.]
52.14.090 Office—Meetings. (1) The office of the
fire commissioners and principal place of business of the
district shall be at some place within the county in which the
district is situated, to be designated by the board of fire
commissioners.
(2) The board shall hold regular monthly meetings at a
place and date as it determines by resolution, and may
adjourn its meetings as required for the proper transaction of
business. Special meetings of the board shall be called at
any time under the provisions of RCW 42.30.080. [1984 c
230 § 36; 1947 c 254 § 8; 1939 c 34 § 31; Rem. Supp. 1947
§ 5654-131. Formerly RCW 52.12.090.]
52.14.100 Meetings—Powers and duties of board.
All meetings of the board of fire commissioners shall be
conducted in accordance with chapter 42.30 RCW and a
majority constitutes a quorum for the transaction of business.
All records of the board shall be open to inspection in
accordance with the provisions of RCW 42.17.250 through
42.17.340. The board has the power and duty to adopt a
seal of the district, to manage and conduct the business
affairs of the district, to make and execute all necessary
contracts, to employ any necessary services, and to adopt
reasonable rules to govern the district and to perform its
functions, and generally to perform all such acts as may be
necessary to carry out the objects of the creation of the district. [1984 c 230 § 37; 1939 c 34 § 32; RRS § 5654-132.
Formerly RCW 52.12.100.]
Open public meetings: Chapters 42.30, 42.32 RCW.
52.14.110 Purchases and public works—
Competitive bids required—Exceptions. Insofar as
practicable, purchases and any public works by the district
shall be based on competitive bids. A formal sealed bid
procedure shall be used as standard procedure for purchases
and contracts for purchases executed by the board of
commissioners. Formal sealed bidding shall not be required
for:
(1) The purchase of any materials, supplies, or equipment if the cost will not exceed the sum of ten thousand
[Title 52 RCW—page 17]
52.14.110
Title 52 RCW: Fire Protection Districts
dollars. However, whenever the estimated cost does not
exceed fifty thousand dollars, the commissioners may by
resolution use the process provided in RCW 39.04.190 to
award contracts;
(2) Contracting for work to be done involving the
construction or improvement of a fire station or other
buildings where the estimated cost will not exceed the sum
of two thousand five hundred dollars, which includes the
costs of labor, material, and equipment;
(3) Contracts using the small works roster process under
RCW 39.04.155; and
(4) Any contract for purchases or public work pursuant
to RCW 39.04.280 if an exemption contained within that
section applies to the purchase or public work. [2001 c 79
§ 1; 2000 c 138 § 209; 1998 c 278 § 5; 1993 c 198 § 11;
1984 c 238 § 3.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
52.14.120 Purchases and public works—
Competitive bidding procedures. (1) Notice of the call for
bids shall be given by publishing the notice in a newspaper
of general circulation within the district at least thirteen days
before the last date upon which bids will be received. If no
bid is received on the first call, the commissioners may
readvertise and make a second call, or may enter into a
contract without a further call.
(2) A public work involving three or more specialty
contractors requires that the district retain the services of a
general contractor as defined in RCW 18.27.010. [1993 c
198 § 12; 1984 c 238 § 4.]
52.14.130 Low bidder claiming error—Prohibition
on later bid for same project. A low bidder who claims
error and fails to enter into a contract with a fire protection
district for a public works project is prohibited from bidding
on the same project if a second or subsequent call for bids
is made for the project. [1996 c 18 § 10.]
Chapter 52.16
FINANCES
Sections
52.16.010
52.16.020
52.16.030
52.16.040
52.16.050
52.16.061
52.16.070
52.16.080
52.16.130
52.16.140
52.16.150
52.16.160
52.16.170
County treasurer as financial agent.
Funds.
Budget for each fund.
Tax levies—Assessment roll—Collection.
Disbursal of funds—Issuance of warrants—Monthly reports.
General obligation bonds—Issuance—Limitations.
Obligations shall not exceed taxes, revenues, and cash balances—Exceptions.
Bonds may be issued for capital purposes—Excess property
tax levies.
General levy authorized—Limit—Excess levy at special
election.
General levy may exceed limit—When.
Donations and bequests to district.
Tax levy authorized.
Taxation and assessment of lands lying both within a fire
protection district and forest protection assessment area.
52.16.010 County treasurer as financial agent. It is
the duty of the county treasurer of the county in which all,
[Title 52 RCW—page 18]
or the largest portion of, any fire protection district created
under this title is located to receive and disburse district
revenues, to collect taxes and assessments authorized and
levied under this title, and to credit district revenues to the
proper fund. However, where a fire protection district is
located in more than one county, the county treasurer of
each other county in which the district is located shall collect
the fire protection district’s taxes and assessments that are
imposed on property located within the county and transfer
these funds to the county treasurer of the county in which
the largest portion of the district is located. [1989 c 63 §
24; 1984 c 230 § 38; 1939 c 34 § 33; RRS § 5654-133.]
52.16.020 Funds. In each county in which a fire
protection district is situated, there shall be in the county
treasurer’s office of each district the following funds: (1)
Expense fund; (2) reserve fund; (3) local improvement
district No. . . . . fund; (4) general obligation bond fund; and
(5) such other funds as the board of commissioners of the
district may establish. Taxes levied for administrative,
operative, and maintenance purposes and for the purchase of
fire fighting and emergency medical equipment and apparatus and for the purchase of real property, when collected,
and proceeds from the sale of general obligation bonds shall
be placed by the county treasurer in the proper fund. Taxes
levied for the payment of general obligation bonds and
interest thereon, when collected, shall be placed by the
county treasurer in the general obligation bond fund. The
board of fire commissioners may include in its annual budget
items of possible outlay to be provided for and held in
reserve for any district purpose, and taxes shall be levied
therefor. Such taxes, when collected, shall be placed by the
county treasurer in the reserve fund. The reserve fund, or
any part of it, may be transferred by the county treasurer to
other funds of the district at any time by order of the board
of fire commissioners. Special assessments levied against
the lands in any improvement district within the district,
when collected, shall be placed by the county treasurer in the
local improvement district fund for the local improvement
district. [1984 c 230 § 39; 1983 c 167 § 120; 1959 c 221 §
1; 1955 c 134 § 1; 1953 c 176 § 2; 1951 2nd ex.s. c 24 § 1;
1949 c 22 § 1; 1947 c 254 § 9; 1939 c 34 § 34; Rem. Supp.
1949 § 5654-134.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
52.16.030 Budget for each fund. Annually after the
county board or boards of equalization of the county or
counties in which the district is located have equalized the
assessments for general tax purposes in that year, the secretary of the district shall prepare and certify a budget of the
requirements of each district fund, and deliver it to the
county legislative authority or authorities of the county or
counties in which the district is located in ample time for the
tax levies to be made for district purposes. [1989 c 63 § 25;
1984 c 230 § 40; 1939 c 34 § 35; RRS § 5654-135.]
52.16.040 Tax levies—Assessment roll—Collection.
At the time of making general tax levies in each year the
county legislative authority or authorities of the county or
counties in which a fire protection district is located shall
(2002 Ed.)
Finances
make the required levies for district purposes against the real
and personal property in the district in accordance with the
equalized valuations of the property for general tax purposes
and as a part of the general taxes. The tax levies shall be a
part of the general tax roll and shall be collected as a part of
the general taxes against the property in the district. [1989
c 63 § 26; 1984 c 230 § 41; 1939 c 34 § 36; RRS § 5654136.]
Levy of taxes: Chapter 84.52 RCW.
52.16.050 Disbursal of funds—Issuance of warrants—Monthly reports. (1) Except as provided in
subsections (2) and (3) of this section, the county treasurer
shall pay out money received for the account of the district
on warrants issued by the county auditor against the proper
funds of the district. The warrants shall be issued on
vouchers approved and signed by a majority of the district
board and by the district secretary.
(2) The board of fire commissioners of a district that
had an annual operating budget of five million or more
dollars in each of the preceding three years may by resolution adopt a policy to issue its own warrants for payment of
claims or other obligations of the fire district. The board of
fire commissioners, after auditing all payrolls and bills, may
authorize the issuing of one general certificate to the county
treasurer, to be signed by the chair of the board of fire
commissioners, authorizing the county treasurer to pay all
the warrants specified by date, number, name, and amount,
and the accounting funds on which the warrants shall be
drawn; thereupon the district secretary may issue the warrants specified in the general certificate.
(3) The board of fire commissioners of a district that
had an annual operating budget of greater than two hundred
fifty thousand dollars and under five million dollars in each
of the preceding three years may upon agreement between
the county treasurer and the fire district commission, with
approval of the fire district commission by resolution, adopt
a policy to issue its own warrants for payment of claims or
other obligations of the fire district. The board of fire
commissioners, after auditing all payrolls and bills, may
authorize the issuing of one general certificate to the county
treasurer, to be signed by the chair of the board of fire
commissioners, authorizing the county treasurer to pay all
the warrants specified by date, number, name, and amount,
and the accounting funds on which the warrants shall be
drawn. The district secretary may then issue the warrants
specified in the general certificate.
(4) The county treasurer may also pay general obligation
bonds and the accrued interest thereon in accordance with
their terms from the general obligation bond fund when
interest or principal payments become due. The county
treasurer shall report in writing monthly to the secretary of
the district the amount of money held by the county in each
fund and the amounts of receipts and disbursements for each
fund during the preceding month. [2002 c 165 § 1; 1998 c
5 § 1; 1984 c 230 § 42; 1983 c 167 § 121; 1939 c 34 § 37;
RRS § 5654-137.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
(2002 Ed.)
52.16.040
52.16.061 General obligation bonds—Issuance—
Limitations. The board of fire commissioners of the district
shall have authority to contract indebtedness and to refund
same for any general district purpose, including expenses of
maintenance, operation and administration, and the acquisition of firefighting facilities, and evidence the same by the
issuance and sale of general obligation bonds of the district
payable at such time or times not longer than twenty years
from the issuing date of the bonds. Such bonds shall be
issued and sold in accordance with chapter 39.46 RCW.
Such bonds shall not exceed an amount, together with any
outstanding nonvoter approved general obligation indebtedness, equal to three-eighths of one percent of the value of
the taxable property within the fire protection district, as the
term "value of the taxable property" is defined in RCW
39.36.015. [1993 c 231 § 1; 1984 c 186 § 39; 1983 c 167
§ 122; 1970 ex.s. c 56 § 66; 1969 ex.s. c 232 § 89; 1955 c
134 § 2; 1953 c 176 § 3.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
52.16.070 Obligations shall not exceed taxes,
revenues, and cash balances—Exceptions. Except as
authorized by the issuance and sale of general obligation
bonds, the creation of local improvements districts, and the
issuance of local improvement bonds and warrants of the fire
protection district, the board of fire commissioners may not
incur expenses or other financial obligations payable in any
year in excess of the aggregate amount of taxes levied for
that year, revenues derived from all other sources, and the
cash balances on hand in the expense and reserve funds of
the district on the first day of that year. In the event that
there are any unpaid warrants drawn on any district funds for
expenses and obligations incurred and outstanding at the end
of any calendar year, the warrants may be paid from taxes
collected in the subsequent year or years and from other
income. [1984 c 230 § 43; 1983 c 167 § 123; 1975 1st ex.s.
c 130 § 1; 1972 ex.s. c 16 § 1; 1959 c 221 § 2; 1955 c 134
§ 3; 1951 2nd ex.s. c 24 § 10; 1947 c 254 § 11; 1943 c 106
§ 1; 1941 c 70 § 5; 1939 c 34 § 39; Rem. Supp. 1947 §
5654-139.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Construction—1975 1st ex.s. c 130: "If any section,
clause, or other provision of this 1975 amendatory act, or its application to
any person or circumstance, is held invalid, the remainder of such 1975
amendatory act, or the application of such section, clause, or provision to
other persons or circumstances, shall not be affected. The rule of strict
construction shall have no application to this 1975 amendatory act, but the
same shall be liberally construed, in order to carry out the purposes and
objects for which this 1975 amendatory act is intended. When this 1975
amendatory act comes in conflict with any provision, limitation, or
restriction in any other law, this 1975 amendatory act shall govern and
control." [1975 1st ex.s. c 130 § 6.]
52.16.080 Bonds may be issued for capital purposes—Excess property tax levies. Fire protection districts
additionally are authorized to incur general indebtedness for
capital purposes and to issue general obligation bonds not to
[Title 52 RCW—page 19]
52.16.080
Title 52 RCW: Fire Protection Districts
exceed an amount, together with any outstanding general
obligation indebtedness, equal to three-fourths of one percent
of the value of the taxable property within such district, as
the term "value of the taxable property" is defined in RCW
39.36.015, and to provide for the retirement thereof by
excess property tax levies, when the voters of the district
have approved a proposition authorizing such indebtedness
and levies by an affirmative vote of three-fifths of those voting on the proposition at such election, at which election the
total number of persons voting shall constitute not less than
forty percent of the voters in the fire protection district who
voted at the last preceding general state election. The
maximum term of such bonds may not exceed twenty years.
Such bonds shall be issued and sold in accordance with
chapter 39.46 RCW. Such elections shall be held as
provided in RCW 39.36.050. [1984 c 186 § 40; 1973 1st
ex.s. c 195 § 50; 1970 ex.s. c 42 § 30; 1953 c 176 § 4; 1951
2nd ex.s. c 24 § 3.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
52.16.130 General levy authorized—Limit—Excess
levy at special election. (Effective unless the proposed
amendment to Article VII, section 2 of the state Constitution is approved at the November 2002 general election.)
To carry out the purposes for which fire protection districts
are created, the board of fire commissioners of a district may
levy each year, in addition to the levy or levies provided in
RCW 52.16.080 for the payment of the principal and interest
of any outstanding general obligation bonds, an ad valorem
tax on all taxable property located in the district not to
exceed fifty cents per thousand dollars of assessed value:
PROVIDED, That in no case may the total general levy for
all purposes, except the levy for the retirement of general
obligation bonds, exceed one dollar per thousand dollars of
assessed value. Levies in excess of one dollar per thousand
dollars of assessed value or in excess of the aggregate dollar
rate limitations or both may be made for any district purpose
when so authorized at a special election under RCW
84.52.052. Any such tax when levied shall be certified to
the proper county officials for the collection of the tax as for
other general taxes. The taxes when collected shall be
placed in the appropriate district fund or funds as provided
by law, and shall be paid out on warrants of the auditor of
the county in which all, or the largest portion of, the district
is located, upon authorization of the board of fire commissioners of the district. [1989 c 63 § 27; 1985 c 7 § 121;
1984 c 230 § 44; 1983 c 167 § 126; 1973 1st ex.s. c 195 §
52; 1971 ex.s. c 105 § 1; 1963 ex.s. c 13 § 2; 1951 2nd ex.s.
c 24 § 8.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
52.16.130 General levy authorized—Limit—Excess
levy at special election. (Effective January 1, 2003, if the
proposed amendment to Article VII, section 2 of the state
Constitution is approved at the November 2002 general
[Title 52 RCW—page 20]
election.) To carry out the purposes for which fire protection districts are created, the board of fire commissioners of
a district may levy each year, in addition to the levy or
levies provided in RCW 52.16.080 for the payment of the
principal and interest of any outstanding general obligation
bonds, an ad valorem tax on all taxable property located in
the district not to exceed fifty cents per thousand dollars of
assessed value: PROVIDED, That in no case may the total
general levy for all purposes, except the levy for the retirement of general obligation bonds, exceed one dollar per
thousand dollars of assessed value. Levies in excess of one
dollar per thousand dollars of assessed value or in excess of
the aggregate dollar rate limitations or both may be made for
any district purpose when so authorized at a special election
under RCW 84.52.130. Any such tax when levied shall be
certified to the proper county officials for the collection of
the tax as for other general taxes. The taxes when collected
shall be placed in the appropriate district fund or funds as
provided by law, and shall be paid out on warrants of the
auditor of the county in which all, or the largest portion of,
the district is located, upon authorization of the board of fire
commissioners of the district. [2002 c 180 § 3; 1989 c 63
§ 27; 1985 c 7 § 121; 1984 c 230 § 44; 1983 c 167 § 126;
1973 1st ex.s. c 195 § 52; 1971 ex.s. c 105 § 1; 1963 ex.s.
c 13 § 2; 1951 2nd ex.s. c 24 § 8.]
Contingent effective date—2002 c 180: See note following RCW
84.52.052.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
52.16.140 General levy may exceed limit—When.
Notwithstanding the limitation of dollar rates contained in
RCW 52.16.130, the board of fire commissioners of any
district may levy, in addition to any levy for the payment of
the principal and interest of outstanding general obligation
bonds, an ad valorem tax on all property located in the
district of not to exceed fifty cents per thousand dollars of
assessed value and which will not cause the combined levies
to exceed the constitutional or statutory limitations, and the
additional levy, or any portion of the levy, may also be made
when dollar rates of other taxing units are released by
agreement with the other taxing units from their authorized
levies. [1984 c 230 § 45; 1983 c 167 § 127; 1973 1st ex.s.
c 195 § 53; 1951 2nd ex.s. c 24 § 9.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Levy of taxes: Chapter 84.52 RCW.
52.16.150 Donations and bequests to district. A fire
protection district may accept and receive in behalf of the
district any money or property donated, devised, or bequeathed to the district, and may carry out the terms of the
donation, devise, or bequest, if within the powers granted by
law to fire protection districts. In the absence of such terms,
a fire protection district may expend or use the money or
property for district purposes as determined by the board.
[1984 c 230 § 46; 1951 2nd ex.s. c 24 § 11.]
(2002 Ed.)
Finances
52.16.160 Tax levy authorized. Notwithstanding the
limitation of dollar rates contained in RCW 52.16.130, and
in addition to any levy for the payment of the principal and
interest of any outstanding general obligation bonds and in
addition to any levy authorized by RCW 52.16.130,
52.16.140 or any other statute, the board of fire commissioners of any fire protection district within such county, which
fire protection district has at least one full-time, paid
employee, or contracts with another municipal corporation
for the services of at least one full-time, paid employee, is
hereby authorized to levy each year an ad valorem tax on all
taxable property within such district of not to exceed fifty
cents per thousand dollars of assessed value, which levy may
be made only if it will not affect dollar rates which other
taxing districts may lawfully claim nor cause the combined
levies to exceed the constitutional and/or statutory limitations. [2002 c 84 § 1; 1985 c 112 § 1; 1983 c 167 § 128;
1973 1st ex.s. c 195 § 54; 1969 ex.s. c 243 § 2; 1961 c 53
§ 9.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—1969 ex.s. c 243: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 ex.s. c 243 § 8.]
52.16.170 Taxation and assessment of lands lying
both within a fire protection district and forest protection
assessment area. In the event that lands lie within both a
fire protection district and a forest protection assessment area
they shall be taxed and assessed as follows:
(1) If the lands are wholly unimproved, they shall be
subject to forest protection assessments but not to fire
protection district levies;
(2) If the lands are wholly improved, they shall be
subject to fire protection district levies but not to forest
protection assessments;
(3) If the lands are partly improved and partly unimproved they shall be subject both to fire protection district
levies and to forest protection assessments: PROVIDED,
That upon request, accompanied by appropriate legal descriptions, the county assessor shall segregate any unimproved portions which each consist of twenty or more acres,
and thereafter the unimproved portion or portions shall be
subject only to forest protection assessments. [1984 c 230
§ 47; 1963 ex.s. c 13 § 3.]
Forest protection assessments: RCW 76.04.610.
Chapter 52.18
BENEFIT CHARGES
(Formerly: Service charges)
Sections
52.18.010
52.18.020
52.18.030
52.18.040
(2002 Ed.)
Benefit charges authorized—Exceptions—Amounts—
Limitations.
Personal property, improvements to real property—Defined.
Resolution establishing benefit charges—Contents—
Listing—Collection.
Reimbursement of county for administration and collection
expenses.
52.16.160
52.18.050
Voter approval of benefit charges required—Election—
Ballot.
52.18.060 Public hearing—Required—Report—Benefit charge resolution to be filed—Notification to property owners.
52.18.065 Property tax limited if benefit charge imposed.
52.18.070 Review board.
52.18.080 Model resolution.
52.18.090 Exemptions.
52.18.900 Severability—1974 ex.s. c 126.
52.18.901 Severability—1990 c 294.
Assessments and charges against state lands: Chapter 79.44 RCW.
52.18.010 Benefit charges authorized—Exceptions—
Amounts—Limitations. The board of fire commissioners
of a fire protection district may by resolution, for fire
protection district purposes authorized by law, fix and
impose a benefit charge on personal property and improvements to real property which are located within the fire
protection district on the date specified and which have or
will receive the benefits provided by the fire protection
district, to be paid by the owners of the properties: PROVIDED, That a benefit charge shall not apply to personal
property and improvements to real property owned or used
by any recognized religious denomination or religious
organization as, or including, a sanctuary or for purposes
related to the bona fide religious ministries of the denomination or religious organization, including schools and educational facilities used for kindergarten, primary, or secondary
educational purposes or for institutions of higher education
and all grounds and buildings related thereto, but not
including personal property and improvements to real
property owned or used by any recognized religious denomination or religious organization for business operations, profit-making enterprises, or activities not including use of a
sanctuary or related to kindergarten, primary, or secondary
educational purposes or for institutions of higher education.
The aggregate amount of such benefit charges in any one
year shall not exceed an amount equal to sixty percent of the
operating budget for the year in which the benefit charge is
to be collected: PROVIDED, That it shall be the duty of the
county legislative authority or authorities of the county or
counties in which the fire protection district is located to
make any necessary adjustments to assure compliance with
such limitation and to immediately notify the board of fire
commissioners of any changes thereof.
A benefit charge imposed shall be reasonably proportioned to the measurable benefits to property resulting from
the services afforded by the district. It is acceptable to
apportion the benefit charge to the values of the properties
as found by the county assessor or assessors modified
generally in the proportion that fire insurance rates are
reduced or entitled to be reduced as the result of providing
the services. Any other method that reasonably apportions
the benefit charges to the actual benefits resulting from the
degree of protection, which may include but is not limited to
the distance from regularly maintained fire protection
equipment, the level of fire prevention services provided to
the properties, or the need of the properties for specialized
services, may be specified in the resolution and shall be
subject to contest on the ground of unreasonable or capricious action or action in excess of the measurable benefits to
the property resulting from services afforded by the district.
The board of fire commissioners may determine that certain
[Title 52 RCW—page 21]
52.18.010
Title 52 RCW: Fire Protection Districts
properties or types or classes of properties are not receiving
measurable benefits based on criteria they establish by
resolution. A benefit charge authorized by this chapter shall
not be applicable to the personal property or improvements
to real property of any individual, corporation, partnership,
firm, organization, or association maintaining a fire department and whose fire protection and training system has been
accepted by a fire insurance underwriter maintaining a fire
protection engineering and inspection service authorized by
the state insurance commissioner to do business in this state,
but such property may be protected by the fire protection
district under a contractual agreement.
For administrative purposes, the benefit charge imposed
on any individual property may be compiled into a single
charge, provided that the district, upon request of the
property owner, provide an itemized list of charges for each
measurable benefit included in the charge. [1998 c 16 § 1;
1990 c 294 § 1; 1989 c 63 § 28; 1987 c 325 § 1; 1985 c 7
§ 122; 1974 ex.s. c 126 § 1.]
52.18.020 Personal property, improvements to real
property—Defined. The term "personal property" for the
purposes of this chapter shall include every form of tangible
personal property, including but not limited to, all goods,
chattels, stock in trade, estates, or crops: PROVIDED, That
all personal property not assessed and subjected to ad
valorem taxation under Title 84 RCW, all property under
contract or for which the district is receiving payment for as
authorized by RCW 52.30.020 and all property subject to the
provisions of chapter 54.28 RCW, or all property that is
subject to a contract for services with a fire protection
district, shall be exempt from the benefit charge imposed
under this chapter: PROVIDED FURTHER, That the term
"personal property" shall not include any personal property
used for farming, field crops, farm equipment or livestock:
AND PROVIDED FURTHER, That the term "improvements
to real property" shall not include permanent growing crops,
field improvements installed for the purpose of aiding the
growth of permanent crops, or other field improvements
normally not subject to damage by fire. [1990 c 294 § 2;
1987 c 325 § 2; 1985 c 7 § 123; 1974 ex.s. c 126 § 2.]
52.18.030 Resolution establishing benefit charges—
Contents—Listing—Collection. The resolution establishing
benefit charges as specified in RCW 52.18.010 shall specify,
by legal geographical areas or other specific designations, the
charge to apply to each property by location, type, or other
designation, or other information that is necessary to the
proper computation of the benefit charge to be charged to
each property owner subject to the resolution. The county
assessor of each county in which the district is located shall
determine and identify the personal properties and improvements to real property which are subject to a benefit charge
in each fire protection district and shall furnish and deliver
to the county treasurer of that county a listing of the properties with information describing the location, legal description, and address of the person to whom the statement of
benefit charges is to be mailed, the name of the owner, and
the value of the property and improvements, together with
the benefit charge to apply to each. These benefit charges
shall be certified to the county treasurer for collection in the
[Title 52 RCW—page 22]
same manner that is used for the collection of fire protection
charges for forest lands protected by the department of
natural resources under RCW 76.04.610 and the same
penalties and provisions for collection shall apply. [1990 c
294 § 3; 1989 c 63 § 29; 1987 c 325 § 3; 1986 c 100 § 53;
1974 ex.s. c 126 § 3.]
52.18.040 Reimbursement of county for administration and collection expenses. Each fire protection district
shall contract, prior to the imposition of a benefit charge, for
the administration and collection of the benefit charge by
each county treasurer, who shall deduct a percent, as
provided by contract to reimburse the county for expenses
incurred by the county assessor and county treasurer in the
administration of the resolution and this chapter. The county
treasurer shall make distributions each year, as the charges
are collected, in the amount of the benefit charges imposed
on behalf of each district, less the deduction provided for in
the contract. [1990 c 294 § 4; 1989 c 63 § 30; 1987 c 325
§ 4; 1974 ex.s. c 126 § 4.]
52.18.050 Voter approval of benefit charges required—Election—Ballot. (1) Any benefit charge authorized by this chapter shall not be effective unless a proposition to impose the benefit charge is approved by a sixty
percent majority of the voters of the district voting at a
general election or at a special election called by the district
for that purpose, held within the fire protection district. An
election held pursuant to this section shall be held not more
than twelve months prior to the date on which the first such
charge is to be assessed: PROVIDED, That a benefit charge
approved at an election shall not remain in effect for a
period of more than six years nor more than the number of
years authorized by the voters if fewer than six years unless
subsequently reapproved by the voters.
(2) The ballot shall be submitted so as to enable the
voters favoring the authorization of a fire protection district
benefit charge to vote "Yes" and those opposed thereto to
vote "No," and the ballot shall be:
"Shall . . . . . . county fire protection district No.
. . . . be authorized to impose benefit charges each
year for . . . . (insert number of years not to exceed
six) years, not to exceed an amount equal to sixty
percent of its operating budget, and be prohibited
from imposing an additional property tax under
RCW 52.16.160?
YES
NO
"
(3) Districts renewing the benefit charge may elect to
use the following alternative ballot:
"Shall . . . . . . county fire protection district No.
. . . . be authorized to continue voter-authorized
benefit charges each year for . . . . (insert number
of years not to exceed six) years, not to exceed an
amount equal to sixty percent of its operating
budget, and be prohibited from imposing an additional property tax under RCW 52.16.160?
YES
NO
"
(2002 Ed.)
Benefit Charges
[1998 c 16 § 2; 1990 c 294 § 5; 1989 c 27 § 1; 1987 c 325
§ 5; 1974 ex.s. c 126 § 5.]
52.18.060 Public hearing—Required—Report—
Benefit charge resolution to be filed—Notification to
property owners. (1) Not less than ten days nor more than
six months before the election at which the proposition to
impose the benefit charge is submitted as provided in this
chapter, the board of fire commissioners of the district shall
hold a public hearing specifically setting forth its proposal to
impose benefit charges for the support of its legally authorized activities which will maintain or improve the services
afforded in the district. A report of the public hearing shall
be filed with the county treasurer of each county in which
the property is located and be available for public inspection.
(2) Prior to November 15 of each year the board of fire
commissioners shall hold a public hearing to review and
establish the fire district benefit charges for the subsequent
year.
All resolutions imposing or changing the benefit charges
shall be filed with the county treasurer or treasurers of each
county in which the property is located, together with the
record of each public hearing, before November 30 immediately preceding the year in which the benefit charges are to
be collected on behalf of the district.
After the benefit charges have been established, the
owners of the property subject to the charge shall be notified
of the amount of the charge. [1990 c 294 § 6; 1989 c 63 §
31; 1987 c 325 § 6; 1974 ex.s. c 126 § 6.]
52.18.065 Property tax limited if benefit charge
imposed. A fire protection district that imposes a benefit
charge under this chapter shall not impose all or part of the
property tax authorized under RCW 52.16.160. [1990 c 294
§ 7; 1987 c 325 § 9.]
52.18.070 Review board. After notice has been given
to the property owners of the amount of the charge, the
board of fire commissioners of a fire protection district
imposing a benefit charge under this chapter shall form a
review board for at least a two-week period and shall, upon
complaint in writing of a party aggrieved owning property in
the district, reduce the charge of a person who, in their
opinion, has been charged too large a sum, to a sum or
amount as they believe to be the true, fair, and just amount.
[1990 c 294 § 8; 1987 c 325 § 7; 1974 ex.s. c 126 § 7.]
52.18.080 Model resolution. The Washington fire
commissioners association, as soon as practicable, shall draft
a model resolution to impose the fire protection district
benefit charge authorized by this chapter and may provide
assistance to fire protection districts in the establishment of
a program to develop benefit charges. [1990 c 294 § 9;
1987 c 325 § 8; 1974 ex.s. c 126 § 8.]
52.18.090 Exemptions. A person who is receiving the
exemption contained in RCW 84.36.381 through 84.36.389
shall be exempt from any legal obligation to pay a portion
of the charge imposed by this chapter according to the
following.
(2002 Ed.)
52.18.050
(1) A person who meets the income limitation contained
in RCW 84.36.381(5)(a) and does not meet the income
limitation contained in RCW 84.36.381(5)(b) (i) or (ii) shall
be exempt from twenty-five percent of the charge.
(2) A person who meets the income limitation contained
in RCW 84.36.381(5)(b)(i) shall be exempt from fifty
percent of the charge.
(3) A person who meets the income limitation contained
in RCW 84.36.381(5)(b)(ii) shall be exempt from seventyfive percent of the charge. [1990 c 294 § 10.]
52.18.900 Severability—1974 ex.s. c 126. If any
provision of this 1974 act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1974 ex.s. c 126 § 9.]
52.18.901 Severability—1990 c 294. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1990 c 294 § 11.]
Chapter 52.20
LOCAL IMPROVEMENT DISTRICTS
Sections
52.20.010
52.20.020
L.I.D.’s authorized—Petition or resolution method.
Dismissal, approval of petition or resolution of intention—
Notice of hearing.
52.20.022 Notice must contain statement that assessments may vary
from estimates.
52.20.025 Hearing and subsequent proceedings to be in accordance
with laws applicable to cities and towns—Definitions.
52.20.027 Lands subject to forest fire protection assessments exempt—
Separation of forest-type lands for tax and assessment
purposes.
52.20.060 Coupon or registered warrants—Payment—Interest—
Registration.
52.20.070 Contracts not general district obligations.
Assessments and charges against state lands: Chapter 79.44 RCW.
Local improvements, supplemental authority: Chapter 35.51 RCW.
52.20.010 L.I.D.’s authorized—Petition or resolution method. If, for fire protection or emergency medical
purposes the acquisition, maintenance, and operation of real
property, buildings, apparatus, and instrumentalities needed
to provide such services are of special benefit to part or all
of the lands in the fire protection district, the board of fire
commissioners may include the lands in a local improvement
district, and may levy special assessments under a mode of
annual installments extending over a period not exceeding
twenty years on all property specially benefited by any local
improvement, on the basis of the special benefits to pay in
whole or in part the damages or costs of improvements
ordered in the local improvement district. Local improvement districts may be initiated either by resolution of the
board of fire commissioners or by petition signed by the
owners of a majority of the acreage of lands to be included
within the local improvement district.
If the petition procedure is followed, the petition shall
set forth generally the necessity for the creation of a local
[Title 52 RCW—page 23]
52.20.010
Title 52 RCW: Fire Protection Districts
improvement district, outline the plan of fire or emergency
medical protection to be accomplished, and the means by
which the cost shall be financed. Upon receipt of a petition,
the board of fire commissioners of the district shall at its
next regular meeting review the petition. The owners of the
lands as shown on the general tax roll in the county
treasurer’s office, last equalized, shall be used to determine
the ownership of the lands to be included in the local
improvement district. If the petition is sufficient, the district
board shall consider the petition and determine whether the
proposed local improvement appears feasible and of special
benefit to the lands concerned.
If the board of fire commissioners desire[s] to initiate
the formation of a local improvement district by resolution,
it shall adopt a resolution declaring its intention to order the
proposed improvement, set forth the nature and territorial
extent of the proposed improvement, designate the number
of the proposed district, describe the boundaries, state the
estimated costs and expenses of the improvement and the
proportionate amount of the costs which will be borne by the
property within the proposed district, and fix a date, time,
and place for a public hearing on the formation of the proposed district. [1984 c 230 § 48; 1975 1st ex.s. c 130 § 2;
1961 c 161 § 1; 1939 c 34 § 40; RRS § 5654-140.]
Severability—Construction—1975 1st ex.s. c 130: See note
following RCW 52.16.070.
52.20.020 Dismissal, approval of petition or resolution of intention—Notice of hearing. If the petition is
found insufficient or if the district board determines that a
local improvement district is not feasible or is of no special
benefit to the lands concerned, it shall dismiss the petition.
If the district board approves the petition or adopts a
resolution of intention to order an improvement, it shall fix
a date, hour, and place for hearing the matter and shall (1)
mail notice of the hearing at least fifteen days before the
date fixed for the public hearing to the owner or reputed
owner of each lot, tract, or parcel of land within the proposed local improvement district as shown on the tax rolls
of the county treasurer at the address shown thereon, and (2)
publish notice of the hearing in a newspaper of general circulation in the county, for three consecutive weeks prior to
the day of the hearing. The cost of publication shall be paid
by the fire protection district. The notices shall describe the
boundaries of the proposed local improvement district and
the plan of fire or emergency medical protection proposed,
or may refer to the resolution of intention describing the
nature and territorial extent of the proposed improvement.
The notices shall state the means by which the cost shall be
financed, shall state the date, hour, and place of the hearing
on the petition and shall be signed by the secretary of the
fire protection district. In addition, the notice given each
owner or reputed owner by mail shall state the estimated
cost and expense of the improvement to be borne by the
particular lot, tract, or parcel. [1984 c 230 § 49; 1975 1st
ex.s. c 130 § 3; 1961 c 161 § 2; 1939 c 34 § 41; RRS §
5654-141.]
Severability—Construction—1975 1st ex.s. c 130: See note
following RCW 52.16.070.
[Title 52 RCW—page 24]
52.20.022 Notice must contain statement that
assessments may vary from estimates. Any notice given
to the public or to the owners of specific lots, tracts, or
parcels of land relating to the formation of a local improvement district shall contain a statement that actual assessments
may vary from assessment estimates so long as they do not
exceed a figure equal to the increased true and fair value the
improvement adds to the property. [1989 c 243 § 7.]
52.20.025 Hearing and subsequent proceedings to
be in accordance with laws applicable to cities and
towns—Definitions. The hearing and all subsequent
proceedings in connection with the local improvement,
including but not limited to the levying, collection, and
enforcement of local improvement assessments, and the
authorization, issuance, and payment of local improvement
bonds and warrants shall be in accordance with the provisions of law applicable to cities and towns set forth in chapters 35.43, 35.44, 35.45, 35.49, 35.50, and 35.53 RCW. Fire
protection districts may exercise the powers set forth in those
chapters: PROVIDED, That no local improvement guaranty
fund may be created: PROVIDED FURTHER, That for the
purposes of RCW 52.16.070, 52.20.010, 52.20.020, and
52.20.025, with respect to the powers granted and the duties
imposed in chapters 35.43, 35.44, 35.45, 35.50, and 35.53
RCW:
(1) The words "city or town" mean fire protection
district.
(2) The secretary of a fire protection district shall
perform the duties of the "clerk" or "city or town clerk."
(3) The board of fire commissioners of a fire protection
district shall perform the duties of the "council" or "city or
town council" or "legislative authority of a city or town."
(4) The board of fire commissioners of a fire protection
district shall perform the duties of the "mayor."
(5) The word "ordinance" means a resolution of the
board of fire commissioners of a fire protection district.
(6) The treasurer or treasurers of the county or counties
in which a fire protection district is located shall perform the
duties of the "treasurer" or "city or town treasurer." [1989
c 63 § 32; 1984 c 230 § 50; 1975 1st ex.s. c 130 § 4; 1961
c 161 § 3.]
Severability—Construction—1975 1st ex.s. c 130: See note
following RCW 52.16.070.
52.20.027 Lands subject to forest fire protection
assessments exempt—Separation of forest-type lands for
tax and assessment purposes. RCW 52.20.010, 52.20.020,
and 52.20.025 shall not apply to any tracts or parcels of
wholly forest-type lands within the district which are
required to pay forest fire protection assessments, as required
by RCW 76.04.610; however, both the tax levy or special
assessments of the district and the forest fire protection
assessment shall apply to the forest land portion of any tract
or parcel which is in the district containing a combination of
both forest-type lands and nonforest-type lands or improvements: PROVIDED, That an owner has the right to have
forest-type lands of more than twenty acres in extent
separated from land bearing improvements and from
nonforest-type lands for taxation and assessment purposes
upon furnishing to the assessor a written request containing
(2002 Ed.)
Local Improvement Districts
the proper legal description. [1986 c 100 § 54; 1984 c 230
§ 51; 1961 c 161 § 5.]
52.20.060 Coupon or registered warrants—
Payment—Interest—Registration. (1) The district board
may also, if in accordance with the adopted method of
financing the local improvement district, issue and sell at par
and accrued interest coupon or registered warrants payable
within three years from the date thereof exclusively from the
local improvement fund of the district. The coupon or registered warrants shall bear semiannual interest and shall be in
such form as the board determines and shall state on their
face that they are payable exclusively from the local improvement fund of the district. Interest shall be payable on
the first day of January and of July. Such warrants may be
registered as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
warrants may be issued and sold in accordance with chapter
39.46 RCW. [1984 c 230 § 52; 1983 c 167 § 129; 1970
ex.s. c 56 § 68; 1969 ex.s. c 232 § 90; 1939 c 34 § 45; RRS
§ 5654-145.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
52.20.070 Contracts not general district obligations.
A fire protection district shall not be liable under any
contract creating an obligation chargeable against the lands
of any local improvement district therein, unless the liability
and the extent thereof is specifically stated in the contract.
[1984 c 230 § 53; 1939 c 34 § 21; RRS § 5654-121.]
Chapter 52.22
SPECIAL PROCEEDINGS
Sections
52.22.011
52.22.021
52.22.031
52.22.041
52.22.051
52.22.061
52.22.071
52.22.081
52.22.091
52.22.101
52.22.111
Legislative validation.
Special proceedings for judicial confirmation of organization, bonds, warrants, contracts, etc.
Petition.
Hearing date to be fixed—Notice.
Answer of petition.
Pleading and practice—Motion for new trial.
Jurisdiction of court.
Minor irregularities to be disregarded.
Costs.
Appellate review.
Districts governed by Title 52 RCW.
52.22.011 Legislative validation. The respective
areas, organized and established or attempted to be organized
and established under the authority granted in Title 52 RCW
which since their organization and establishment or attempted organization and establishment have continuously maintained their organization as fire protection districts established under the authority of these statutes are declared to be
properly organized fire protection districts existing under and
by virtue of the statutes having in each case, the boundaries
set forth in the respective organization proceedings of each
of them as shown by the files and records in the offices of
the legislative authority or authorities and auditor or auditors
(2002 Ed.)
52.20.027
of the county or counties in which the particular area lies.
[1989 c 63 § 33; 1984 c 230 § 66; 1947 c 230 § 1; Rem.
Supp. 1947 § 5654-151o. Formerly RCW 52.32.010.]
52.22.021 Special proceedings for judicial confirmation of organization, bonds, warrants, contracts, etc. The
board of fire commissioners of a fire protection district now
existing or which may be organized under the laws of this
state may commence a special proceeding in the superior
court of the state of Washington. These proceedings for the
organization of the fire district, for the formation of any
local improvement district therein, or proceedings for the
authorization, issuance, and sale of coupon or registered warrants or general obligation bonds issued pursuant to RCW
52.16.061, either of the fire district or for a local improvement district therein, or both, whether the bonds or coupon
or registered warrants have been sold, or proceedings for any
contract of the district involving the fire district or any local
improvement district therein, and any other proceedings that
may affect the legality of the proceedings concerned or any
or all of the proceedings above outlined, may be judicially
examined, approved, and confirmed. [1984 c 230 § 67;
1983 c 167 § 130; 1947 c 255 § 1; Rem. Supp. 1947 §
5654-153a. Formerly RCW 52.34.010 and 52.32.020.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1947 c 255: "If any section or provision of this act
shall be adjudged to be invalid or unconstitutional, such adjudication shall
not affect the validity of the act as a whole or of any section, provision, or
part thereof not adjudged to be invalid or unconstitutional." [1947 c 255 §
10.] This applies to RCW 52.22.021 through 52.22.101.
52.22.031 Petition. The board of fire commissioners
of the fire protection district shall file in the superior court
of the county in which the fire protection district was
organized, a petition requesting in effect that the proceedings
be examined, approved, and confirmed by the court. The
petition shall state the facts showing any of the proceedings
that the petition asks the court to examine, approve, and
confirm, but need allege only generally that the fire protection district was properly organized and that the first board
of fire commissioners was properly elected. [1984 c 230 §
68; 1947 c 255 § 2; Rem. Supp. 1947 § 5654-153b.
Formerly RCW 52.34.020 and 52.32.030.]
52.22.041 Hearing date to be fixed—Notice. The
court shall fix the time for the hearing of the petition and
direct the clerk of the court to give notice of the filing of the
petition and of the time and place fixed for the hearing. The
notice shall state the time and place of the hearing of the
petition and that any person interested in the proceedings
sought by the petition to be examined, approved, and
confirmed by the court, may on or before the date of the
hearing of the petition, answer the petition. The petition
may be referred to and described in the notice as the petition
of the board of fire commissioners of . . . . . . county fire
protection district No. . . . . . . . . . (giving the county and its
number or any other name by which it is officially designated), requesting that the proceedings (naming them as set out
in the request of the petition), be examined, approved, and
confirmed by the court, and shall be signed by the clerk.
[Title 52 RCW—page 25]
52.22.041
Title 52 RCW: Fire Protection Districts
The notice shall be given by posting and publishing for
the same length of time that the notice of the hearing on the
petition before the county legislative body to form the
district was required by law to be posted and published, and
it may be published in any legal newspaper designated in the
order of the court fixing the time and place of the hearing of
the petition and directing the clerk of the court to give notice
thereof. [1984 c 230 § 69; 1947 c 255 § 3; Rem. Supp.
1947 § 5654-153c. Formerly RCW 52.34.030 and
52.32.040.]
Public hearing—Notice—Publication and posting: RCW 52.02.050.
52.22.051 Answer of petition. A person interested in
the fire protection district, or in a local improvement district
therein, involved in the petition or in any proceedings sought
by the petition to be examined, approved, and confirmed by
the court, may answer the petition. The statutes of this state
respecting answers to verified complaints are applicable to
answers to the petition. The person so answering the
petition shall be the defendant in the special proceeding, and
the board of fire commissioners shall be the plaintiff. Every
material statement of the petition not specifically controverted by the answer must, for purposes of the special proceedings, be taken as true, and each person failing to answer the
petition is deemed to admit as true all the material statements of the petition. [1984 c 230 § 70; 1947 c 255 § 4;
Rem. Supp. 1947 § 5654-153d. Formerly RCW 52.34.040
and 52.32.050.]
Pleadings: Chapters 4.32, 4.36 RCW.
52.22.061 Pleading and practice—Motion for new
trial. The rules of pleading and practice governing civil
actions are applicable to the special proceedings provided for
except where inconsistent with this chapter. A motion for a
new trial must be made upon the minutes of the court and in
case of an order granting a new trial, the order must specify
the issue to be reexamined at the new trial. The findings of
the court on the other issues shall not be affected by the
order granting a new trial. [1984 c 230 § 71; 1947 c 255 §
5; Rem. Supp. 1947 § 5654-153e. Formerly RCW 52.34.050
and 52.32.060.]
New trials: Chapter 4.76 RCW.
52.22.071 Jurisdiction of court. At the hearing of
the special proceedings, the court has power and jurisdiction
to examine and determine the legality and validity of, and to
approve and confirm, each and all of the proceedings for the
organization of the fire protection district and for the
formation of any local improvement district therein under the
law relating to such districts from and including the petition
for the organization of the fire district and for the formation
of any local improvement district therein and all other
proceedings which affect the legality of the districts, or the
validity and legality of any coupon or registered warrants or
bonds either of the fire district or for a local improvement
district therein and all proceedings conducted by the fire
district for a contract of the district involving the fire district
or a local improvement district therein, and any other proceeding which may affect the legality of the proceedings
concerned. [1984 c 230 § 72; 1983 c 167 § 131; 1947 c 255
[Title 52 RCW—page 26]
§ 6; Rem. Supp. 1947 § 5654-153f. Formerly RCW
52.34.060 and 52.32.070.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
52.22.081 Minor irregularities to be disregarded.
The court has full authority and jurisdiction to consider any
question of laches, estoppel, and other infirmities in the
position and claims of the defendants, to question the legality
of the proceedings sought by the plaintiff to be confirmed by
the court, and to pass upon and determine them. The court,
in inquiring into the regularity, legality, and correctness of
the proceedings sought by the board of fire commissioners
in its petition to be examined, approved, and confirmed by
the court, must disregard any error, irregularity, or omission
which does not affect the substantial rights of the parties to
the special proceedings. The court may approve and confirm
the proceedings in part, and disapprove and declare illegal or
invalid other or subsequent parts of the proceedings, or it
may approve and confirm all of the proceedings, and make
and enter its decree accordingly. [1984 c 230 § 73; 1947 c
255 § 7; Rem. Supp. 1947 § 5654-153g. Formerly RCW
52.34.070 and 52.32.080.]
52.22.091 Costs. The court shall find and determine,
in these special proceedings, whether the notice of the filing
of the petition and of the time and place of hearing on the
petition has been properly posted and published for the time
and in the manner prescribed in this chapter. The costs of
the special proceedings may be allowed and apportioned
between all the parties, in the court’s discretion. [1984 c
230 § 74; 1947 c 255 § 8; Rem. Supp. 1947 § 5654-153h.
Formerly RCW 52.34.080 and 52.32.090.]
52.22.101 Appellate review. Appellate review of an
order granting or refusing a new trial, or from the judgment,
in the special proceedings must be taken by the party
aggrieved within thirty days after the entry of the order or
the judgment. [1988 c 202 § 50; 1984 c 230 § 75; 1947 c
255 § 9; Rem. Supp. 1947 § 5654-153i. Formerly RCW
52.34.090 and 52.32.100.]
Rules of court: Cf. RAP 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
52.22.111 Districts governed by Title 52 RCW. All
fire protection districts are governed by Title 52 RCW.
[1984 c 230 § 86.]
Chapter 52.30
MISCELLANEOUS PROVISIONS
Sections
52.30.020
52.30.040
52.30.050
52.30.060
Property of public agency included within district—
Contracts for services.
Civil service for employees.
Residency not grounds for discharge of civil service employees.
Change of district name—Resolution.
52.30.020 Property of public agency included within
district—Contracts for services. Wherever a fire protec(2002 Ed.)
Miscellaneous Provisions
tion district has been organized which includes within its
area or is adjacent to, buildings and equipment, except those
leased to a nontax exempt person or organization, owned by
the legislative or administrative authority of a state agency
or institution or a municipal corporation, the agency or
institution or municipal corporation involved shall contract
with such district for fire protection services necessary for
the protection and safety of personnel and property pursuant
to the provisions of chapter 39.34 RCW, as now or hereafter
amended: PROVIDED, That nothing in this section shall be
construed to require that any state agency, institution, or
municipal corporation contract for services which are
performed by the staff and equipment of such state agency,
institution, or municipal corporation: PROVIDED FURTHER, That nothing in this section shall apply to state
agencies or institutions or municipal corporations which are
receiving fire protection services by contract from another
municipality, city, town or other entities: AND PROVIDED
FURTHER, That school districts shall receive fire protection
services from the fire protection districts in which they are
located without the necessity of executing a contract for such
fire protection services: PROVIDED FURTHER, That prior
to September 1, 1974 the superintendent of public instruction, the insurance commissioner, the director of financial
management, and the executive director of the Washington
fire commissioners association, or their designees, shall
develop criteria to be used by the insurance commissioner in
establishing uniform rates governing payments to fire
districts by school districts for fire protection services. On
or before September 1, 1974, the insurance commissioner
shall establish such rates to be payable by school districts on
or before January 1st of each year commencing January 1,
1975, payable July 1, 1975: AND PROVIDED FURTHER,
That beginning with the 1975-77 biennium and in each
biennium thereafter the superintendent of public instruction
shall present in his budget submittal to the governor an
amount sufficient to reimburse affected school districts for
the moneys necessary to pay the costs of the uniform rates
established by the insurance commissioner. [1979 c 151 §
164; 1974 ex.s. c 88 § 1; 1973 1st ex.s. c 64 § 1; 1941 c
139 § 1; Rem. Supp. 1941 § 5654-143a. Formerly RCW
52.36.020.]
52.30.020
52.30.050 Residency not grounds for discharge of
civil service employees. Residence of an employee outside
the limits of a fire protection district is not grounds for
discharge of any regularly-appointed civil service employee
otherwise qualified. [1984 c 230 § 80; 1971 ex.s. c 256 §
1. Formerly RCW 52.36.065.]
52.30.060 Change of district name—Resolution.
The name of a fire protection district shall be changed, as
proposed by resolution of the board of fire commissioners of
the district, upon the adoption of a resolution approving the
change by the county legislative authority of the county in
which all, or the largest portion, of a fire protection district
is located. [1989 c 63 § 34.]
Effective date—1974 ex.s. c 88: "This 1974 amendatory act shall
take effect on July 1, 1974." [1974 ex.s. c 88 § 2.]
Effective date—1973 1st ex.s. c 64: "This 1973 amendatory act shall
take effect on July 1, 1974." [1973 1st ex.s. c 64 § 2.]
Fire, medical, or other emergency services provided to county by political
subdivision—Financial assistance authorized: RCW 36.32.470.
Fire protection services for state-owned facilities: RCW 35.21.775.
52.30.040 Civil service for employees. A fire
protection district with a fully-paid fire department may, by
resolution of its board of fire commissioners, provide for
civil service in its fire department in the same manner, with
the same powers, and with the same force and effect as
provided by chapter 41.08 RCW for cities, towns, and
municipalities, including restrictions against the discharge of
an employee because of residence outside the limits of the
fire protection district. [1984 c 230 § 79; 1971 ex.s. c 256
§ 2; 1949 c 72 § 1; Rem. Supp. 1949 § 5654-120a. Formerly RCW 52.36.060.]
(2002 Ed.)
[Title 52 RCW—page 27]
Title 53
PORT DISTRICTS
Chapters
53.04
Formation.
53.06
Coordination of administrative programs and
operations.
53.08
Powers.
53.12
Commissioners—Elections.
53.16
Revision of commissioner districts.
53.18
Employment relations—Collective bargaining
and arbitration.
53.20
Harbor improvements.
53.25
Industrial development districts—Marginal
lands.
53.29
Trade center act.
53.31
Export trading companies.
53.34
Toll facilities.
53.35
Budgets.
53.36
Finances.
53.40
Revenue bonds and warrants.
53.44
Funding and refunding indebtedness—1947
act.
53.46
Consolidation.
53.47
Dissolution of inactive port districts.
53.48
Dissolution of port and other districts.
53.49
Disposition of funds on dissolution of certain
districts.
53.54
Aircraft noise abatement.
Airport districts: Chapter 14.08 RCW.
Assessments and charges against state lands: Chapter 79.44 RCW.
Conveyance of real property by public bodies—Recording: RCW
65.08.095.
Credit card use by local governments: RCW 43.09.2855.
Disincorporation of water-sewer and other districts in counties with a
population of two hundred ten thousand or more: Chapter 57.90
RCW.
Hospitalization and medical aid for public employees and dependents—
Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Material removed for channel or harbor improvement, or flood control—
Use for public purpose: RCW 79.90.150.
Municipal corporation may authorize investment of funds which are in
custody of county treasurer or other municipal corporation treasurer:
RCW 36.29.020.
Outdoor recreation land acquisition or improvement under marine recreation land act: Chapter 79A.25 RCW.
Pollution control—Municipal bonding authority: Chapter 70.95A RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Title to certain second class shorelands vested in port districts: RCW
79.94.230.
Vacation of streets or alleys abutting on bodies of water by city or town
prohibited with specified exceptions such as when the vacated
property is to be used for port, recreational, educational, etc.
purposes: RCW 35.79.035.
(2002 Ed.)
Chapter 53.04
FORMATION
Sections
53.04.010
53.04.015
53.04.016
53.04.017
53.04.020
53.04.023
53.04.031
53.04.060
53.04.070
53.04.080
53.04.085
53.04.100
53.04.110
53.04.120
53.04.150
53.04.160
53.04.170
53.04.180
53.04.190
Port districts authorized—Purposes—Powers—Public hearing.
Port districts in areas lacking appropriate bodies of water—
Authorized—Purposes.
Port districts in areas lacking appropriate bodies of water—
Authority an additional and concurrent method.
Port districts in areas lacking appropriate bodies of water—
Elections.
Formation of county-wide district.
Formation of less than county-wide district.
Initiating petition, commissioner district descriptions—Initial
election of commissioners.
District declared formed.
Expense of election.
Annexation of territory—Petition—Election.
Petition for annexation to port district.
Order of annexation—Liability of area annexed.
Change of name.
Transfer of port district property to adjacent district—
Procedure—Boundary changes—Jurisdiction.
Alternative annexation methods—Petition for resolution—
Districts authorized to use—Petition requirements.
Alternative annexation methods—Petition for resolution—
Where filed—Commission’s duties.
Alternative annexation methods—Petition for resolution—
Hearing—Resolution.
Alternative annexation methods—Annexation by written
consent—Districts authorized to use—Resolution.
Alternative annexation methods—Outstanding indebtedness.
53.04.010 Port districts authorized—Purposes—
Powers—Public hearing. (1) Port districts are hereby
authorized to be established in the various counties of the
state for the purposes of acquisition, construction, maintenance, operation, development and regulation within the
district of harbor improvements, rail or motor vehicle
transfer and terminal facilities, water transfer and terminal
facilities, air transfer and terminal facilities, or any combination of such transfer and terminal facilities, and other
commercial transportation, transfer, handling, storage and
terminal facilities, and industrial improvements.
(2) Powers of a port district that is located in a county
that has a contiguous border with another state, and a
population between fifty and seventy thousand, shall be
exercised within the district, except as otherwise provided by
statute or pursuant to an interlocal cooperation agreement
with another public agency as defined in chapter 39.34
RCW. In addition to other requirements of chapter 39.34
RCW, such an interlocal cooperation agreement may involve
the exercise of a port district’s powers for a port district that
is located in a county that has contiguous borders with
another state, and a population between fifty and seventy
thousand, outside the boundaries of the state of Washington
in whole or in part only if found, by resolution of the port
district commission exercising such authority, to be reason[Title 53 RCW—page 1]
53.04.010
Title 53 RCW: Port Districts
ably necessary for the effective exercise of the port district’s
statutory powers and for the benefit of the inhabitants of the
district and the state of Washington. The resolution may be
adopted only after a public hearing of which notice has been
published in a newspaper of general circulation within the
district at least ten days in advance. [1999 c 306 § 2; 1963
c 147 § 1; 1911 c 92 § 1; RRS § 9688.]
Purpose—1999 c 306: "Article VIII, section 8 of the Washington
state Constitution authorizes the use of public funds by port districts in such
manner as the legislature may prescribe for industrial development or trade
promotion. The legislature recognizes a growing need for a Washington
port district that is located in a county that has a contiguous border with
another state, and a population between fifty and seventy thousand, to
participate with other public agencies of this state and an adjoining state to
attract, encourage, and develop industry and promote trade on both sides of
their borders, for the economic benefit to the state of Washington. RCW
53.08.240 authorizes agreements between two or more port districts for the
exercise of powers both within and outside their districts, and further
authorizes contracts by port districts with other governmental entities. The
interlocal cooperation act, chapter 39.34 RCW, also authorizes joint
agreements and contracts between port districts and other state and local
public agencies including political subdivisions of other states. However,
there is uncertainty as to whether or not a port district that is located in a
county that has a contiguous border with another state, and a population
between fifty and seventy thousand, may exercise industrial development or
trade promotion powers outside the district or state boundaries except jointly
with another Washington port district.
The purpose of this act is to define and clarify the authority of a
Washington port district that is located in a county that has a contiguous
border with another state, and a population between fifty and seventy
thousand, to exercise those powers jointly or in cooperation with other
public agencies when found to be necessary and beneficial to the people of
this state." [1999 c 306 § 1.]
Construction—1911 c 92: "This act shall not be construed to repeal,
amend or modify any law heretofore enacted providing a method of harbor
improvement, regulation or control in this state, but shall be held to be an
additional and concurrent method providing for such purpose." [1911 c 92
§ 14.]
Establishment of harbor lines: State Constitution Art. 15 § 1 (Amendment
15).
53.04.015 Port districts in areas lacking appropriate
bodies of water—Authorized—Purposes. In areas which
lack appropriate bodies of water so that harbor improvements
cannot be established, port districts are hereby authorized to
be established under the laws of the state, for the purposes
for which port districts may be established under RCW
53.04.010, and such port districts shall have all of the
powers, privileges and immunities conferred upon all other
port districts under the laws of this state, including the same
powers and rights relating to municipal airports that other
port districts now have or hereafter may be granted. [1963
c 147 § 2; 1959 c 94 § 1.]
53.04.016 Port districts in areas lacking appropriate
bodies of water—Authority an additional and concurrent
method. RCW 53.04.015 shall not be construed to repeal,
amend or modify any law heretofore enacted providing a
method of harbor improvement, regulation or control;
acquisition, maintenance and operation of municipal airports;
or industrial development; but shall be held to be an additional and concurrent method providing such purposes.
[1959 c 94 § 2.]
53.04.017 Port districts in areas lacking appropriate
bodies of water—Elections. All elections with respect to
[Title 53 RCW—page 2]
any such port districts authorized by RCW 53.04.015 and
53.04.016 shall be held, conducted and the results canvassed
in the same manner and at the same time as now or hereafter
provided by law for other port districts. [1959 c 94 § 3.]
53.04.020 Formation of county-wide district. At any
general election or at any special election which may be
called for that purpose, the county legislative authority of
any county in this state may, or on petition of ten percent of
the registered voters of such county based on the total vote
cast in the last general county election, shall, by resolution
submit to the voters of such county the proposition of
creating a port district coextensive with the limits of such
county. Such petition shall be filed with the county auditor,
who shall within fifteen days examine the signatures thereof
and certify to the sufficiency or insufficiency thereof, and for
such purpose the county auditor shall have access to all
registration books in the possession of the officers of any
incorporated city or town in such proposed port district. If
such petition be found to be insufficient, it shall be returned
to the persons filing the same, who may amend or add
names thereto for ten days, when the same shall be returned
to the county auditor, who shall have an additional fifteen
days to examine the same and attach his or her certificate
thereto. No person having signed such petition shall be allowed to withdraw his or her name therefrom after the filing
of the same with the county auditor. Whenever such petition
shall be certified to as sufficient, the county auditor shall
forthwith transmit the same, together with his or her certificate of sufficiency attached thereto, to the legislative
authority of the county, who shall submit such proposition at
the next general election or, if such petition so requests, the
county legislative authority shall, at their first meeting after
the date of such certificate, by resolution, call a special
election to be held in accordance with RCW 29.13.010 and
29.13.020. The notice of election shall state the boundaries
of the proposed port district and the object of such election.
In submitting the question to the voters for their approval or
rejection, the proposition shall be expressed on the ballot
substantially in the following terms:
"Port of . . . . . ., Yes." (giving the name of the principal seaport city within such proposed port district, or if there
be more than one city of the same class within such district,
such name as may be determined by the legislative authority
of the county).
"Port of . . . . . ., No." (giving the name of the principal
seaport city within such port district, or if there be more than
one city of the same class within such district, such name as
may be determined by the legislative authority of the
county). [1992 c 147 § 1; 1990 c 259 § 15; 1986 c 262 §
1; 1971 ex.s. c 157 § 1; 1913 c 62 § 1; 1911 c 92 § 2; RRS
§ 9689. Formerly RCW 53.04.020 through 53.04.040.]
Severability—1992 c 147: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1992 c 147 § 4.]
Effective date—1971 ex.s. c 157: "The effective date of this act shall
be May 1, 1972." [1971 ex.s. c 157 § 4.]
53.04.023 Formation of less than county-wide
district. A less than county-wide port district with an
assessed valuation of at least one hundred fifty million
(2002 Ed.)
Formation
dollars may be created in a county that already has a less
than county-wide port district located within its boundaries.
Except as provided in this section, such a port district shall
be created in accordance with the procedure to create a
county-wide port district.
The effort to create such a port district is initiated by
the filing of a petition with the county auditor calling for the
creation of such a port district, describing the boundaries of
the proposed port district, designating either three or five
commissioner positions, describing commissioner districts if
the petitioners propose that the commissioners represent
districts, and providing a name for the proposed port district.
The petition must be signed by voters residing within the
proposed port district equal in number to at least ten percent
of such voters who voted at the last county general election.
A public hearing on creation of the proposed port
district shall be held by the county legislative authority if the
county auditor certifies that the petition contained sufficient
valid signatures. Notice of the public hearing must be
published in the county’s official newspaper at least ten days
prior to the date of the public hearing. After taking testimony, the county legislative authority may make changes in the
boundaries of the proposed port district if it finds that such
changes are in the public interest and shall determine if the
creation of the port district is in the public interest. No area
may be added to the boundaries unless a subsequent public
hearing is held on the proposed port district.
The county legislative authority shall submit a ballot
proposition authorizing the creation of the proposed port
district to the voters of the proposed port district, at any
special election date provided in RCW 29.13.020, if it finds
the creation of the port district to be in the public interest.
The port district shall be created if a majority of the
voters voting on the ballot proposition favor the creation of
the port district. The initial port commissioners shall be
elected at the same election, from districts or at large, as
provided in the petition initiating the creation of the port
district. The election shall be otherwise conducted as
provided in RCW 53.12.172, but the election of commissioners shall be null and void if the port district is not created.
[1997 c 256 § 1; 1994 c 223 § 84; 1993 c 70 § 1; 1992 c
147 § 2.]
Effective date—1997 c 256: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 5, 1997]." [1997 c 256 § 2.]
Severability—1992 c 147: See note following RCW 53.04.020.
53.04.031 Initiating petition, commissioner district
descriptions—Initial election of commissioners. Three
commissioner districts, each with approximately the same
population, shall be described in the petition proposing the
creation of a port district under RCW 53.04.020, if the
process to create the port district was initiated by voter
petition, or shall be described by the county legislative
authority, if the process to initiate the creation of the port
district was by action of the county legislative authority.
However, commissioner districts shall not be described if the
commissioner districts of the proposed port district shall be
the same as the county legislative authority districts.
The initial port commissioners shall be elected as
provided in RCW 53.12.172. [1994 c 223 § 83.]
(2002 Ed.)
53.04.023
53.04.060 District declared formed. Within five
days after an election held under the provisions of RCW
53.04.020, the board of county commissioners shall canvass
the returns, and if at such election a majority of the voters
voting upon the proposition shall vote in favor of the
formation of the district, the board of county commissioners
shall so declare in its canvass of the returns of such election,
and the port district shall then be and become a municipal
corporation of the state of Washington and the name of such
port district shall be "Port of . . . . . ." (inserting the name
appearing on the ballot). [1959 c 17 § 2. Prior: 1913 c 62
§ 2, part; 1911 c 92 § 3, part; RRS § 9690, part.]
53.04.070 Expense of election. All expenses of
elections for the formation of such port districts shall be paid
by the county holding such election, and such expenditure is
hereby declared to be for a county purpose, and the money
paid out for such purpose shall be repaid to such county by
the port district, if formed. [1959 c 17 § 6. Prior: 1913 c
62 § 2, part; 1911 c 92 § 3, part; RRS § 9690, part.]
53.04.080 Annexation of territory—Petition—
Election. At any general election or at any special election
which may be called for that purpose the county legislative
authority of any county in this state in which there exists a
port district which is not coextensive with the limits of the
county, shall on petition of the commissioners of such port
district, by resolution, submit to the voters residing within
the limits of any territory which the existing port district
desires to annex or include in its enlarged port district, the
proposition of enlarging the limits of such existing port
districts so as to include therein the whole of the territory
embraced within the boundaries of such county, or such
territory as may be described in the petition by legal subdivisions. Such petition shall be filed with the county auditor,
who shall forthwith transmit the same to the county legislative authority, who shall submit such proposition at the next
general election, or, if such petition so request, the county
legislative authority, shall at their first meeting after the date
of filing such petition, by resolution, call a special election
to be held in accordance with RCW 29.13.010 and
29.13.020. The notice of election shall state the boundaries
of the proposed enlarged port district and the object of the
special election. In submitting the question to the voters of
the territory proposed to be annexed or included for their
approval or rejection, the proposition shall be expressed on
the ballots substantially in the following terms:
"Enlargement of the port of . . . . . ., yes." (Giving then
[the] name of the port district which it is proposed to
enlarge);
"Enlargement of the port of . . . . . ., no." (Giving the
name of the port district which it is proposed to enlarge).
Such election, whether general or special, shall be held
in each precinct wholly or partially embraced within the
limits of the territory proposed to be annexed or included
and shall be conducted and the votes cast thereat counted,
canvassed, and the returns thereof made in the manner
provided by law for holding general or special county
elections. [1990 c 259 § 16; 1935 c 16 § 1; 1921 c 130 §
1; RRS § 9707. Formerly RCW 53.04.080 and 53.04.090.]
Elections: Title 29 RCW.
[Title 53 RCW—page 3]
53.04.085
Title 53 RCW: Port Districts
53.04.085 Petition for annexation to port district.
If an area, not currently part of an existing port district
desires to be annexed to a port district in the same county,
upon receipt of a petition bearing the names of ten percent
of the registered voters residing within the proposed boundaries of the area desiring to be annexed who voted in the last
general municipal election, the commissioners of such port
district shall petition the county legislative authority to annex
such territory, as provided in RCW 53.04.080. [1990 c 259
§ 17; 1971 ex.s. c 157 § 2.]
Effective date—1971 ex.s. c 157: See note following RCW
53.04.020.
53.04.100 Order of annexation—Liability of area
annexed. If a majority of all the votes cast at any such
election upon the proposition of enlarging such port district
shall be for the "Enlargement of the port of . . . . . ., yes"
then and in that event the board of county commissioners
shall enter an order declaring such port district enlarged so
as to embrace within the limits thereof the territory described
in the petition for such election, and thereupon the boundaries of said port district shall be so enlarged and the
commissioners thereof shall have jurisdiction over the whole
of said district as enlarged to the same extent, and with like
power and authority, as though the additional territory had
been originally embraced within the boundaries of the
existing port district: PROVIDED, HOWEVER, That none
of the lands or property embraced within the territory added
to and incorporated within such port district shall be liable
to assessment for the payment of any outstanding bonds,
warrants or other indebtedness of such original port district,
but such outstanding bonds, warrants or other indebtedness,
together with interest thereon, shall be paid exclusively from
assessments levied and collected on the lands and property
embraced within the boundaries of the preexisting port district. [1921 c 130 § 2; RRS § 9708.]
53.04.110 Change of name. Any port district now
existing or which may hereafter be organized under the laws
of the state of Washington is hereby authorized to change its
corporate name under the following conditions and in the
following manner:
(1) On presentation, at least forty-five days before any
general port election to be held in the port district, of a
petition to the commissioners of any port district now
existing or which may hereafter be established under the
laws of the state of Washington, signed by at least ten
percent of the total number of voters of the port district who
voted at the last general port election and asking that the
corporate name of the port district be changed, it shall be the
duty of the commissioners to submit to the voters of the port
district the proposition as to whether the corporate name of
the port shall be changed. The proposition shall be submitted at the next general port election.
(2) The petition shall contain the present corporate name
of the port district and the corporate name which is proposed
to be given to the port district.
(3) On submitting the proposition to the voters of the
port district it shall be the duty of the port commissioners to
cause to be printed on the official ballot used at the election
the following proposition:
[Title 53 RCW—page 4]
"Shall the corporate name, ’Port of . . . . . .’ be changed
to ’Port of . . . . . . . . .’ . . . . . . . . . . . . . . . . . YES
"Shall the corporate name, ’Port of . . . . . .’ be changed
to ’Port of . . . . . . . . .’ . . . . . . . . . . . . . . . . . NO"
(4) At the time when the returns of the general election
shall be canvassed by the commissioners of the port district,
it shall be the duty of the commissioners to canvass the vote
upon the proposition so submitted, recording in their record
the result of the canvass.
(5) Should a majority of the registered voters of the port
district voting at the general port election vote in favor of
the proposition it shall be the duty of the port commissioners
to certify the fact to the auditor of the county in which the
port district shall be situated and to the secretary of state of
the state of Washington, under the seal of the port district.
On and after the filing of the certificate with the county
auditor as aforesaid and with the secretary of state of the
state of Washington, the corporate name of the port district
shall be changed, and thenceforth the port district shall be
known and designated in accordance therewith. [1998 c 240
§ 1; 1990 c 259 § 18; 1929 c 140 § 1; RRS § 9689-1.]
53.04.120 Transfer of port district property to
adjacent district—Procedure—Boundary changes—
Jurisdiction. Property may be acquired and owned by any
port district, at least one boundary of which property is
contiguous to or within one-quarter air mile of such port
district and is also located in an adjacent port district, and
such property may be transferred to the owning port district
upon unanimous resolution of the boards of commissioners
of both port districts authorizing the same. The resolution
of the port district within which such property is located
shall be a resolution to permit the acquisition and to make
the transfer, while the resolution of the port district which
owns the property shall be a resolution to acquire and own
the property and to accept the transferred property. Upon
the filing of both official resolutions with the legislative
authority and the auditor of the county or counties within
which such port districts lie, together with maps showing in
reasonable detail the boundary changes made, such acquisition and ownership shall be lawful and such transfer shall be
effective and the commissioners of the port district acquiring, owning and receiving such property shall have
jurisdiction over the whole of said enlarged port district to
the same extent, and with like power and authority, as
though the additional territory had been owned by and
originally embraced within the boundaries of the port district.
[1979 c 72 § 1; 1977 ex.s. c 91 § 1.]
Validity—Ratification—1979 c 72: "Any purchase or other
acquisition of such property by any port district which occurred prior to the
enactment of this 1979 amendatory act is hereby confirmed and ratified and
shall not be deemed to have been ultra vires." [1979 c 72 § 2.]
Severability—1979 c 72: "If any provision of this 1979 amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 c 72 § 4.]
53.04.150 Alternative annexation methods—Petition
for resolution—Districts authorized to use—Petition
requirements. A port district that is less than county-wide,
and that is located in a county with a population of less than
ninety thousand and located in either the Interstate 5 or
(2002 Ed.)
Formation
Interstate 90 corridor, may petition for annexation of an area
that is contiguous to its boundaries, is not located within the
boundaries of any other port district, and contains no
registered voters. The petition must be in writing, addressed
to and filed with the port commission, and signed by the
owners of not less than seventy-five percent of the property
value in the area to be annexed, according to the assessed
value for general taxation. The petition must contain a legal
description of the property according to government legal
subdivisions or legal plats, or a sufficient metes and bounds
description, and must be accompanied by a plat outlining the
boundaries of the property to be annexed. [2000 c 200 § 2;
1999 c 250 § 2.]
Intent—1999 c 250 §§ 2-5: "The legislature intends annexation
procedures set forth in sections 2 through 5 of this act to be alternative
methods available to port districts that are less than county-wide. The
legislature does not intend the alternative procedures to supersede any other
method authorized by chapter 53.04 RCW or other law for annexation of
territory to a port district." [1999 c 250 § 1.]
53.04.160 Alternative annexation methods—Petition
for resolution—Where filed—Commission’s duties. If a
petition meeting the requirements set forth in RCW
53.04.150 is filed with the commission, the commission shall
determine a date, time, and location for a hearing on the
petition and shall provide public notice of that hearing and
its nature by publishing the notice in one issue of a newspaper of general circulation in the district and by posting the
notice in three public places within the territory proposed for
annexation. The commission may require proof of a
petition’s authenticity before complying with notice requirements imposed by this section and may require the signers
of a petition to bear the costs of publishing and posting
notice. [1999 c 250 § 3.]
Intent—1999 c 250 §§ 2-5: See note following RCW 53.04.150.
53.04.170 Alternative annexation methods—Petition
for resolution—Hearing—Resolution. At the hearing, the
commission may determine to annex all or any portion of the
proposed area described in the petition. Following the
hearing, the commission shall by resolution approve or
disapprove annexation. Upon passage of the resolution, the
commission shall file, with the board of county commissioners of the county in which the annexed property is located,
a certified copy of the resolution. On the date fixed in the
resolution, the area annexed becomes part of the district.
[1999 c 250 § 4.]
Intent—1999 c 250 §§ 2-5: See note following RCW 53.04.150.
53.04.180 Alternative annexation methods—
Annexation by written consent—Districts authorized to
use—Resolution. (1) By a majority vote of the commission,
and with the written consent of all the owners of the
property to be annexed, a port commission of a district that
is less than county-wide, and that is located in a county with
a population of less than ninety thousand and located in
either the Interstate 5 or Interstate 90 corridor, may annex,
for industrial development or other port district purposes,
property contiguous to the district’s boundaries and not
located within the boundaries of any other port district.
(2) The written consent required by subsection (1) of
this section must contain a full and correct legal description
(2002 Ed.)
53.04.150
of the property to be annexed, must include the signature of
all owners of the property to be annexed, and must be
addressed to and filed with the commission.
(3) If the commission approves annexation under this
section, it shall do so by resolution and shall file a certified
copy of the resolution with the board of county commissioners of the county in which the annexed property is located.
Upon the date fixed in the resolution, the area annexed becomes part of the district. [2000 c 200 § 1; 1999 c 250 § 5.]
Intent—1999 c 250 §§ 2-5: See note following RCW 53.04.150.
53.04.190 Alternative annexation methods—
Outstanding indebtedness. No property within the territory
annexed under RCW 53.04.150 through 53.04.180 may be
taxed or assessed for the payment of any outstanding
indebtedness of the port district as it existed before the
annexation unless another law requires the tax or assessment.
[1999 c 250 § 6.]
Chapter 53.06
COORDINATION OF ADMINISTRATIVE
PROGRAMS AND OPERATIONS
Sections
53.06.010
53.06.020
53.06.030
53.06.040
53.06.050
53.06.060
53.06.070
53.06.080
53.06.090
Declaration of necessity.
Actions required of commissions—Joint reports to governor
and legislature.
Washington public ports association as coordinating agency—Purposes, powers, and duties.
Dues and assessments may be paid association from district
funds—Limitation on amount.
Further action by commissions authorized—Meetings.
Financial records of association and any nonprofit corporation utilized by port districts subject to audit by state
auditor.
Federation of Washington ports authorized—Purposes.
Implementation of economic development programs—Use of
nonprofit corporations—Transfer of funds.
Nonprofit corporations—Legislative recognition.
53.06.010 Declaration of necessity. The necessity
and desirability of coordinating the administration programs
and operations of all the port districts in this state is recognized and declared as a matter of legislative determination.
[1961 c 31 § 1.]
53.06.020 Actions required of commissions—Joint
reports to governor and legislature. It shall be the duty of
the port district commissions in the state to take such action
to effect the coordination of the administrative programs and
operations of each port district in the state and to submit to
the governor and the legislature biennially a joint report or
joint reports containing the recommendations for procedural
changes which would increase the efficiency of the respective port districts. [1994 c 75 § 1; 1989 c 425 § 3; 1961 c
31 § 2.]
Findings—Severability—1989 c 425: See notes following RCW
53.06.070.
53.06.030 Washington public ports association as
coordinating agency—Purposes, powers, and duties. The
port district commissions in this state are empowered to
designate the Washington public ports association as a
[Title 53 RCW—page 5]
53.06.030
Title 53 RCW: Port Districts
coordinating agency through which the duties imposed by
RCW 53.06.020 may be performed, harmonized or correlated. The purposes of the Washington public ports association
shall be:
(1) To initiate and carry on the necessary studies,
investigations and surveys required for the proper development and improvement of the commerce and business generally common to all port districts, and to assemble and
analyze the data thus obtained and to cooperate with the
state of Washington, port districts both within and without
the state of Washington, and other operators of terminal and
transportation facilities for this purpose, and to make such
expenditures as are necessary for these purposes, including
the proper promotion and advertising of all such properties,
utilities and facilities;
(2) To establish coordinating and joint marketing bodies
comprised of association members, including but not limited
to establishment of a federation of Washington ports as
described in RCW 53.06.070, as may be necessary to
provide effective and efficient marketing of the state’s trade,
tourism, and travel resources;
(3) To exchange information relative to port construction, maintenance, operation, administration and management;
(4) To promote and encourage port development along
sound economic lines;
(5) To promote and encourage the development of
transportation, commerce and industry;
(6) To operate as a clearing house for information,
public relations and liaison for the port districts of the state
and to serve as a channel for cooperation among the various
port districts and for the assembly and presentation of
information relating to the needs and requirements of port
districts to the public. [1989 c 425 § 4; 1961 c 31 § 3.]
Findings—Severability—1989 c 425: See notes following RCW
53.06.070.
53.06.040 Dues and assessments may be paid
association from district funds—Limitation on amount.
Each port district which designates the Washington public
ports association as the agency through which the duties
imposed by RCW 53.06.020 may be executed is authorized
to pay dues and/or assessments to said association from port
district funds in any calendar year in an amount not exceeding a sum equal to the amount which would be raised by a
levy of one cent per thousand dollars of assessed value
against the taxable property within the port district. [1973
1st ex.s. c 195 § 55; 1970 ex.s. c 47 § 3; 1961 c 31 § 4.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
53.06.050 Further action by commissions authorized—Meetings. The port district commissions are
authorized to take such further action as they deem necessary
to comply with the intent of this chapter, including the
attendance at state and district meetings which may be
required to formulate the reports provided for in RCW
53.06.020. [1961 c 31 § 5.]
53.06.060 Financial records of association and any
nonprofit corporation utilized by port districts subject to
[Title 53 RCW—page 6]
audit by state auditor. The financial records of the
Washington public ports association shall be subject to audit
by the state auditor. The financial records of any nonprofit
corporation utilized by port districts shall be subject to audit
by the state auditor to determine compliance with the
contractual terms and conditions under which payments or
reimbursements are received under chapter 53.06 RCW.
[2000 c 198 § 4; 1995 c 301 § 74; 1961 c 31 § 6.]
53.06.070 Federation of Washington ports authorized—Purposes. The Washington public ports association
is authorized to create a federation of Washington ports to
enable member ports to strengthen their international trading
capabilities and market the region’s products worldwide.
Such a federation shall maintain the authority of individual
ports and have the following purposes:
(1) To operate as an export trading company under the
provisions enumerated in chapter 53.31 RCW;
(2) To provide a network to market the services of the
members of the Washington public ports association;
(3) To provide expertise and assistance to businesses
interested in export markets;
(4) To promote cooperative efforts between ports and
local associate development organizations to assist local
economic development efforts and build local capacity; and
(5) To assist in the efficient marketing of the state’s
trade, tourism, and travel resources. [1994 c 75 § 2; 1989
c 425 § 2.]
Findings—1989 c 425: "The legislature finds: (1) That the
continuous development of Washington’s ports should be a long-term goal
for the state of Washington; (2) that Washington’s ports are a valuable
economic development resource, whose strength as a combined, coordinated
entity for the purpose of trade and tourism development would far exceed
their individual strength’s in those areas; and (3) that, therefore, the ports
should work together as a federation, coordinating their efforts further still
with other public entities as well as the private sector.
The legislature concurs with the 1989 report of the economic
development board on a long-term economic development strategy for
Washington state as follows: (a) Competition for tourism dollars, as well
as dollars to purchase Washington’s goods and services, is global in nature
and to compete, the state must identify its unique market niches, and market
its trade, travel, and tourism assets aggressively; (b) the ports of the state of
Washington are an integral part of the technological and physical infrastructure needed to help the state compete in the international marketplace; and
(c) links among public agencies, associate development organizations,
including ports, universities, and industry-oriented organizations must be
strengthened in an effort to improve coordination, prevent duplication, and
build local capacity." [1989 c 425 § 1.]
Severability—1989 c 425: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 425 § 12.]
53.06.080 Implementation of economic development
programs—Use of nonprofit corporations—Transfer of
funds. Port districts are authorized to utilize the services of
a nonprofit corporation for the purposes of providing
training, education, and general improvement to the public
sector management skills necessary to implement the
economic development programs of port districts. Actions
taken under this section must be implemented pursuant to the
powers granted in chapter 39.84 RCW. Any nonprofit
corporation utilized pursuant to this section must be a tax
exempt nonprofit corporation, may be a nonprofit corporation
created by the Washington public ports association, and must
(2002 Ed.)
Coordination of Administrative Programs and Operations
be created for the sole purposes of education and training for
port district officials and employees. Port districts are
authorized to transfer to a qualified nonprofit corporation
utilized pursuant to this section any funds received from an
industrial development corporation created by a port district
under RCW 39.84.130.
Nothing in this section shall be construed to prohibit the
receipt of additional public or private funds by a nonprofit
corporation established under this section. The coordination
of these programs and the transfers and expenditures of
funds shall be deemed to be for industrial development and
trade promotion as provided for in Article VIII, section 8 of
the Washington state Constitution. [2000 c 198 § 1.]
53.06.090 Nonprofit corporations—Legislative
recognition. In carrying out the purposes described in this
and other chapters of this title, the legislature recognizes that
any nonprofit corporation created or re-created for the purposes of this chapter, is a private nonprofit corporation
contracting to provide services to which port districts may
subscribe. [2000 c 198 § 3.]
Chapter 53.08
POWERS
Sections
53.08.005
53.08.010
53.08.015
53.08.020
53.08.030
53.08.040
53.08.041
53.08.043
53.08.045
53.08.047
53.08.049
53.08.050
53.08.055
53.08.060
53.08.070
53.08.080
53.08.085
53.08.090
53.08.091
53.08.092
53.08.110
53.08.120
53.08.130
53.08.135
53.08.140
53.08.145
53.08.150
53.08.160
53.08.170
53.08.171
(2002 Ed.)
Definitions.
Acquisition of property—Levy of assessments.
Exemption of farm and agricultural land from special benefit
assessments.
Acquisition and operation of facilities.
Operation of foreign trade zones.
Improvement of lands for industrial and commercial purposes—Providing sewer and water utilities—Providing
pollution control facilities.
Pollution control facilities or other industrial development
actions—Validation—Implementation of Article 8, section 8 of the Constitution.
Powers relative to systems of sewerage.
Facilities constructed under authority of chapter subject to
taxation of leasehold interest.
Chapter not to be construed as restricting or limiting powers
of district under other laws.
Community revitalization financing—Public improvements.
Local improvement districts—Assessments—Bonds.
Local improvement districts—Notice must contain statement
that assessments may vary from estimates.
Improvement of waters and waterways.
Rates and charges—Government contracts.
Lease of property—Authorized—Duration.
Lease of property—Security for rent.
Sale of property.
Sale of property—Contract sales—Terms and conditions.
Sale of property—Taxes and assessments against property
sold by contract.
Gifts—Improvement.
Contracts for labor and material—Small works roster.
Notice—Award of contract—Low bidder claiming error.
Construction projects over forty thousand dollars—
Contracting out.
Leases or contracts without bond.
Insurance—Determination of risks, hazards, liabilities—
Acquisition of appropriate insurance.
Notices when no newspaper in county.
Studies, investigations, surveys—Promotion of facilities.
Employment—Wages—Benefits—Agents—Insurance for
port district commissioners.
Employment relations—Collective bargaining and arbitration.
53.06.080
53.08.175
Commissioners, officers, and employees—Reimbursement of
expenses.
53.08.176 Commissioners, officers, and employees—Regulation of
expenses.
53.08.180 Federal old age and survivors’ insurance for employees.
53.08.190 Federal old age and survivors’ insurance for employees—
Plan for extension of benefits.
53.08.200 Federal old age and survivors’ insurance for employees—
Contributions.
53.08.205 Liability insurance for officials and employees.
53.08.207 Liability insurance for officers and employees authorized.
53.08.208 Actions against officer, employee, or agent—Defense and
costs provided by port district—Exception.
53.08.210 Quorum.
53.08.220 Regulations authorized—Adoption as part of ordinance or
resolution of city or county, procedure—Enforcement—
Penalty for violation.
53.08.230 Making motor vehicle and other police regulations applicable to district property—Filing plat with county auditor—Duty of law enforcement officers.
53.08.240 Joint exercise of powers and joint acquisition of property—
Contracts with other governmental entities.
53.08.245 Economic development programs authorized.
53.08.250 Participation in world fairs or expositions authorized.
53.08.255 Tourism promotion authorized.
53.08.260 Park and recreation facilities.
53.08.270 Park and recreation facilities—Approval of other agencies.
53.08.280 Police officers—Appointment authorized—Jurisdiction.
53.08.290 Intermodal movement of interstate and foreign cargo—
Restrictions.
53.08.295 Passenger carrying watercraft.
53.08.300 Rewards for arrest and conviction of persons committing
criminal offenses against port district authorized.
53.08.310 Moorage facilities—Definitions.
53.08.320 Moorage facilities—Regulations authorized—Port charges,
delinquency—Abandoned vessels, public sale.
53.08.330 Streets, roads, and highways—Construction, upgrading,
improvement, and repair authorized.
53.08.340 Streets, roads, and highways—Expenditure of funds.
53.08.350 Moratorium on runway construction or extension, or initiation of new service—Certain counties affected.
53.08.360 Annexation of port district property—Transfer of employees
engaged in fire fighting.
53.08.370 Telecommunications facilities—Construct, purchase, acquire,
etc.—Purposes—Limitations—Eminent domain.
53.08.380 Wholesale telecommunications services—Petition for review
of rates, terms, conditions.
53.08.390 Grays Harbor pilotage district—Conditions on pilotage service.
53.08.400 District may exercise powers of community renewal agency.
53.08.410 Abandoned or derelict vessels.
Acquisition of vacated waterways: RCW 79.93.060.
Actions by and against public corporations: RCW 4.08.110 and 4.08.120.
Airport zoning: Chapter 14.12 RCW.
Deferral of special assessments: Chapter 84.38 RCW.
Emergency public works: Chapter 39.28 RCW.
Heating systems authorized: RCW 35.97.020.
Industrial development revenue bonds: Chapter 39.84 RCW.
Lien for labor and materials on public works: Chapter 60.28 RCW.
Municipal airports: Chapters 14.07 and 14.08 RCW.
Permits to use waterways within a port district: RCW 79.93.040.
Public contracts: Chapters 39.04 through 39.32 RCW.
Special purpose districts, expenditures to recruit job candidates: RCW
42.24.170.
53.08.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Commission" means the Washington utilities and
transportation commission.
[Title 53 RCW—page 7]
53.08.005
Title 53 RCW: Port Districts
(2) "Rural port district" means a port district formed
under chapter 53.04 RCW and located in a county with an
average population density of fewer than one hundred
persons per square mile.
(3) "Telecommunications" has the same meaning as
contained in RCW 80.04.010.
(4) "Telecommunications facilities" means lines,
conduits, ducts, poles, wires, cables, crossarms, receivers,
transmitters, instruments, machines, appliances, instrumentalities and all devices, real estate, easements, apparatus,
property, and routes used, operated, owned, or controlled by
any entity to facilitate the provision of telecommunications
services.
(5) "Wholesale telecommunications services" means the
provision of telecommunications services or facilities for
resale by an entity authorized to provide telecommunications
services to the general public and internet service providers.
[2000 c 81 § 6.]
Findings—2000 c 81: "The legislature makes the following findings:
(1) Access to telecommunications facilities and services is essential to
the economic well-being of both rural and urban areas.
(2) Many persons and entities, particularly in rural areas, do not have
adequate access to telecommunications facilities and services.
(3) Public utility districts and rural port districts may be wellpositioned to construct and operate telecommunications facilities." [2000
c 81 § 1.]
53.08.010 Acquisition of property—Levy of assessments. A port district may acquire by purchase, for cash or
on deferred payments for a period not exceeding twenty
years, or by condemnation, or both, all lands, property, property rights, leases, or easements necessary for its purposes
and may exercise the right of eminent domain in the acquirement or damaging of all such lands, property, and property
rights, and may levy and collect assessments upon property
for the payment of all damages and compensation in carrying
out its purposes, and such right shall be exercised in the
same manner and by the same procedure as provided for
cities of the first class insofar as consistent with this title,
and in connection therewith the county treasurer shall
perform the duties of the treasurers of such cities. [1983 c
24 § 1; 1955 c 65 § 2. Prior: 1953 c 171 § 1; 1943 c 166
§ 2, part; 1921 c 183 § 1, part; 1917 c 125 § 1, part; 1913
c 62 § 4, part; 1911 c 92 § 4, part; Rem. Supp. 1943 § 9692,
part.]
Eminent domain: State Constitution Art. 1 § 16 (Amendment 9).
Eminent domain by cities: Chapter 8.12 RCW.
53.08.015 Exemption of farm and agricultural land
from special benefit assessments. See RCW 84.34.300
through 84.34.380 and 84.34.922.
53.08.020 Acquisition and operation of facilities. A
port district may construct, condemn, purchase, acquire, add
to, maintain, conduct, and operate sea walls, jetties, piers,
wharves, docks, boat landings, and other harbor improvements, warehouses, storehouses, elevators, grain-bins, cold
storage plants, terminal icing plants, bunkers, oil tanks, ferries, canals, locks, tidal basins, bridges, subways, tramways,
cableways, conveyors, administration buildings, fishing
terminals, together with modern appliances and buildings for
the economical handling, packaging, storing, and transporting
[Title 53 RCW—page 8]
of freight and handling of passenger traffic, rail and motor
vehicle transfer and terminal facilities, water transfer and
terminal facilities, air transfer and terminal facilities, and any
combination of such transfer and terminal facilities, commercial transportation, transfer, handling, storage and terminal
facilities, and improvements relating to industrial and
manufacturing activities within the district, and in connection
with the operation of the facilities and improvements of the
district, it may perform all customary services including the
handling, weighing, measuring and reconditioning of all
commodities received. A port district may also construct,
condemn, purchase, acquire, add to and maintain facilities
for the freezing or processing of goods, agricultural products,
meats or perishable commodities. A port district may also
construct, purchase and operate belt line railways, but shall
not acquire the same by condemnation. [1963 c 147 § 3;
1961 c 126 § 1; 1955 c 65 § 3. Prior: 1953 c 171 § 2;
1943 c 166 § 2, part; 1921 c 183 § 1, part; 1917 c 125 § 1,
part; 1913 c 62 § 4, part; 1911 c 92 § 4, part; Rem. Supp.
1943 § 9692, part.]
Severability—1961 c 126: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1961 c 126 § 2.]
Essential rail assistance account, distribution of moneys to port districts:
RCW 47.76.250.
53.08.030 Operation of foreign trade zones. A
district may apply to the United States for permission to
establish, operate, and maintain foreign trade zones within
the district: PROVIDED, That nothing herein shall be construed to prevent such zones from being operated and
financed by a private corporation(s) on behalf of such district
acting as zone sponsor: PROVIDED FURTHER, That when
the money so raised is to be used exclusively for the purpose
of acquiring land for sites and constructing warehouses,
storage plants, and other facilities to be constructed within
the zone for use in the operation and maintenance of the
zones, the district may contract indebtedness and issue
general bonds therefor in an amount, in addition to the threefourths of one percent hereinafter fixed, of one percent of
the value of the taxable property in the district, as the term
"value of the taxable property" is defined in RCW 39.36.015,
such additional indebtedness only to be incurred with the
assent of three-fifths of the voters of the district voting
thereon. [1977 ex.s. c 196 § 7; 1970 ex.s. c 42 § 31; 1955
c 65 § 4. Prior: 1943 c 166 § 2, part; 1921 c 183 § 1, part;
1917 c 125 § 1, part; 1913 c 62 § 4, part; 1911 c 92 § 4,
part; Rem. Supp. 1943 § 9692, part.]
Effective date—1977 ex.s. c 196: See note following RCW
24.46.010.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Foreign trade zones: Chapter 24.46 RCW.
53.08.040 Improvement of lands for industrial and
commercial purposes—Providing sewer and water
utilities—Providing pollution control facilities. A district
may improve its lands by dredging, filling, bulkheading,
providing waterways or otherwise developing such lands for
industrial and commercial purposes. A district may also
acquire, construct, install, improve, and operate sewer and
(2002 Ed.)
Powers
water utilities to serve its own property and other property
owners under terms, conditions, and rates to be fixed and
approved by the port commission. A district may also
acquire, by purchase, construction, lease, or in any other
manner, and may maintain and operate other facilities for the
control or elimination of air, water, or other pollution,
including, but not limited to, facilities for the treatment
and/or disposal of industrial wastes, and may make such
facilities available to others under terms, conditions and rates
to be fixed and approved by the port commission. Such
conditions and rates shall be sufficient to reimburse the port
for all costs, including reasonable amortization of capital
outlays caused by or incidental to providing such other
pollution control facilities: PROVIDED, That no part of
such costs of providing any pollution control facility to
others shall be paid out of any tax revenues of the port:
AND PROVIDED FURTHER, That no port shall enter into
an agreement or contract to provide sewer and/or water
utilities or pollution control facilities if substantially similar
utilities or facilities are available from another source (or
sources) which is able and willing to provide such utilities
or facilities on a reasonable and nondiscriminatory basis
unless such other source (or sources) consents thereto.
In the event that a port elects to make such other
pollution control facilities available to others, it shall do so
by lease, lease purchase agreement, or other agreement
binding such user to pay for the use of said facilities for the
full term of the revenue bonds issued by the port for the
acquisition of said facilities, and said payments shall at least
fully reimburse the port for all principal and interest paid by
it on said bonds and for all operating or other costs, if any,
incurred by the port in connection with said facilities:
PROVIDED, HOWEVER, That where there is more than
one user of any such facilities, each user shall be responsible
for its pro rata share of such costs and payment of principal
and interest. Any port intending to provide pollution control
facilities to others shall first survey the port district to
ascertain the potential users of such facilities and the extent
of their needs. The port shall conduct a public hearing upon
the proposal and shall give each potential user an opportunity to participate in the use of such facilities upon equal terms
and conditions. [1989 c 298 § 1; 1972 ex.s. c 54 § 1; 1967
c 131 § 1; 1955 c 65 § 5. Prior: 1943 c 166 § 2, part; 1921
c 183 § 1, part; 1917 c 125 § 1, part; 1913 c 62 § 4, part;
1911 c 92 § 4, part; Rem. Supp. 1943 § 9692, part.]
Severability—1972 ex.s. c 54: "If any provision of this 1972
amendatory act or the application thereof to any person or circumstance, is
held invalid, such invalidity shall not affect other provisions or applications
of the act which can be given effect without the invalid provision or
application, and to this end the provisions of this 1972 amendatory act are
declared to be severable." [1972 ex.s. c 54 § 5.]
Assessments and charges against state lands: Chapter 79.44 RCW.
53.08.041 Pollution control facilities or other
industrial development actions—Validation—
Implementation of Article 8, section 8 of the Constitution.
All actions heretofore taken by port districts in conformity
with the provisions of this chapter, and the provisions of
chapter 6, Laws of 1975 hereby made applicable thereto,
relating to pollution control facilities or other industrial
development, including, but not limited to, all bonds issued
for such purposes, shall be deemed to have been taken
(2002 Ed.)
53.08.040
pursuant to Article 8, section 8 of the Washington state
Constitution and are hereby declared to be valid, legal and
binding in all respects. All provisions of Title 53 RCW
directly or indirectly relating to pollution control facilities or
other industrial development are hereby found and declared
to be legislation implementing the provisions of Article 8,
section 8 of the Washington state Constitution. [1975 c 6 §
5.]
Severability—1975 c 6: See RCW 70.95A.940.
Construction—1975 c 6: See RCW 70.95A.912.
53.08.043 Powers relative to systems of sewerage.
A port district may exercise all the powers relating to
systems of sewerage authorized by RCW 35.67.010 and
35.67.020 for cities and towns. [1997 c 447 § 15.]
Finding—Purpose—1997 c 447: See note following RCW
70.05.074.
53.08.045 Facilities constructed under authority of
chapter subject to taxation of leasehold interest. Facilities
constructed by a port district under authority of this chapter
will be subject to taxation of leasehold interest pursuant to
applicable laws as now or hereafter enacted. [1972 ex.s. c
54 § 3.]
Severability—1972 ex.s. c 54: See note following RCW 53.08.040.
53.08.047 Chapter not to be construed as restricting
or limiting powers of district under other laws. Neither
this chapter nor anything herein contained shall be construed
as a restriction or limitation upon any powers which a
district might otherwise have under any laws of this state,
but shall be construed as cumulative. [1972 ex.s. c 54 § 4.]
Severability—1972 ex.s. c 54: See note following RCW 53.08.040.
53.08.049 Community revitalization financing—
Public improvements. In addition to other authority that a
port district possesses, a port district may provide any public
improvement as defined under RCW 39.89.020, but this
additional authority is limited to participating in the financing of the public improvements as provided under RCW
39.89.050.
This section does not limit the authority of a port
district to otherwise participate in the public improvements
if that authority exists elsewhere. [2001 c 212 § 18.]
Severability—2001 c 212: See RCW 39.89.902.
53.08.050 Local improvement districts—
Assessments—Bonds. (1) A district may establish local
improvement districts within the district, and levy special
assessments, in annual installments extending over a period
not exceeding ten years on all property specially benefited
by the local improvement, on the basis of special benefits, to
pay in whole or in part the damages or costs of the local improvement, and issue local improvement bonds to be paid
from local improvement assessments. The levy and collection of such assessments and issuance of such bonds shall be
as provided for the levy and collection of local improvement
assessments and the issuance of local improvement bonds by
cities and towns, insofar as consistent with this title:
PROVIDED, That the duties of the treasurers of such cities
[Title 53 RCW—page 9]
53.08.050
Title 53 RCW: Port Districts
and towns in connection therewith shall be performed by the
county treasurer. Such bonds may be in any form, including
bearer bonds or registered bonds as provided in RCW
39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 132; 1955 c 65 § 6. Prior:
1943 c 166 § 2, part; 1921 c 183 § 1, part; 1917 c 125 § 1,
part; 1913 c 62 § 4, part; 1911 c 92 § 4, part; Rem. Supp.
1943 § 9692, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Assessments and charges against state lands: Chapter 79.44 RCW.
Cities
issuance of local improvement bonds: Chapter 35.45 RCW.
levy and collection of local improvement assessments: Chapters 35.44,
35.49 RCW.
Local improvements, supplemental authority: Chapter 35.51 RCW.
Public lands subject to local assessments: RCW 79.44.010.
53.08.055 Local improvement districts—Notice must
contain statement that assessments may vary from
estimates. Any notice given to the public or to the owners
of specific lots, tracts, or parcels of land relating to the
formation of a local improvement district shall contain a
statement that actual assessments may vary from assessment
estimates so long as they do not exceed a figure equal to the
increased true and fair value the improvement adds to the
property. [1989 c 243 § 8.]
53.08.060 Improvement of waters and waterways.
A district may improve navigable and nonnavigable waters
of the United States and the state of Washington within the
district; create and improve for harbor purposes new waterways within the district; and regulate and control all such
waters and all natural or artificial waterways within the
district and remove obstructions therefrom, and straighten,
widen, deepen, and otherwise improve any water, watercourses, bays, lakes or streams, whether navigable or
otherwise, flowing through or located within the district.
[1979 ex.s. c 30 § 8; 1955 c 65 § 7. Prior: 1943 c 171 § 1;
1943 c 166 § 2, part; 1921 c 183 § 1, part; 1917 c 125 § 1,
part; 1913 c 62 § 4, part; 1911 c 92 § 4, part; Rem. Supp.
1943 § 9692, part.]
53.08.070 Rates and charges—Government contracts. A district may fix, without right of appeal therefrom
the rates of wharfage, dockage, warehousing, and port and
terminal charges upon all improvements owned and operated
by it, and the charges of ferries operated by it.
It may fix, subject to state regulation, rates of wharfage,
dockage, warehousing, and all necessary port and terminal
charges upon all docks, wharves, warehouses, quays, and
piers owned by it and operated under lease from it.
Notwithstanding any provision of this section, a port
district may enter into any contract for wharfage, dockage,
warehousing, or port or terminal charges, with the United
States or any governmental agency thereof or with the state
of Washington or any political subdivision thereof under
such terms as the commission may, in its discretion, negotiate. [1995 c 146 § 1; 1955 c 65 § 8. Prior: 1943 c 166 §
[Title 53 RCW—page 10]
2, part; 1921 c 183 § 1, part; 1917 c 125 § 1, part; 1913 c
62 § 4, part; 1911 c 92 § 4, part; Rem. Supp. 1943 § 9692,
part.]
Utilities and transportation commission: Chapter 80.01 RCW.
53.08.080 Lease of property—Authorized—
Duration. A district may lease all lands, wharves, docks
and real and personal property owned and controlled by it,
for such purposes and upon such terms as the port commission deems proper: PROVIDED, That no lease shall be for
a period longer than fifty years with option for extensions
for up to an additional thirty years, except where the
property involved is or is to be devoted to airport purposes
the port commission may lease said property for such period
as may equal the estimated useful life of such work or
facilities, but not to exceed seventy-five years: PROVIDED
FURTHER, That where the property is held by the district
under lease from the United States government or the state
of Washington, or any agency or department thereof, the port
commission may sublease said property, with option for
extensions, up to the total term and extensions thereof
permitted by such lease, but in any event not to exceed
ninety years. [1989 c 298 § 2; 1983 c 64 § 1; 1973 c 87 §
1; 1961 ex.s. c 8 § 1; 1959 c 157 § 1; 1955 c 65 § 9. Prior:
1953 c 243 § 1; 1943 c 166 § 2, part; 1921 c 183 § 1, part;
1917 c 125 § 1, part; 1913 c 62 § 4, part; 1911 c 92 § 4,
part; Rem. Supp. 1943 § 9692, part.]
Lease of
county property for airport purposes: RCW 36.34.180.
municipal property for airport purposes: RCW 14.08.120.
Restrictions on leases of harbor areas: State Constitution Art. 15 § 2.
53.08.085 Lease of property—Security for rent.
Every lease of all lands, wharves, docks, and real and
personal property of a port district for a term of more than
one year shall have the rent secured by rental insurance,
bond, or other security satisfactory to the port commission,
in an amount equal to one-sixth the total rent, but in no case
shall such security be less than an amount equal to one
year’s rent or more than an amount equal to three years’
rent. Evidence of the existence of such insurance, bonds, or
security shall be on file with the commission at all times
during the term of the lease: PROVIDED, That nothing in
this section shall prevent the port commission from requiring
additional security on leases or provisions thereof, or on
other agreements to use port facilities: PROVIDED FURTHER, That any security agreement may provide for
termination on the anniversary date of such agreement on not
less than one year’s written notice to the port if said lease is
not in default at the time of said notice: PROVIDED
FURTHER, That if the security as required herein is not
maintained throughout the full term of the lease, said lease
shall be considered in default: PROVIDED, HOWEVER,
That the port commission may in its discretion waive the
rent security requirement or lower the amount of such
requirement on the lease of real and/or personal port property. [1981 c 125 § 1; 1977 c 41 § 1; 1973 c 87 § 2.]
53.08.090 Sale of property. (1) A port commission
may, by resolution, authorize the managing official of a port
district to sell and convey port district property of ten
(2002 Ed.)
Powers
53.08.090
thousand dollars or less in value. The authority shall be in
force for not more than one calendar year from the date of
resolution and may be renewed from year to year. Prior to
any such sale or conveyance the managing official shall
itemize and list the property to be sold and make written
certification to the commission that the listed property is no
longer needed for district purposes. Any large block of the
property having a value in excess of ten thousand dollars
shall not be broken down into components of ten thousand
dollars or less value and sold in the smaller components
unless the smaller components be sold by public competitive
bid. A port district may sell and convey any of its real or
personal property valued at more than ten thousand dollars
when the port commission has, by resolution, declared the
property to be no longer needed for district purposes, but no
property which is a part of the comprehensive plan of
improvement or modification thereof shall be disposed of
until the comprehensive plan has been modified to find the
property surplus to port needs. The comprehensive plan
shall be modified only after public notice and hearing
provided by RCW 53.20.010.
Nothing in this section shall be deemed to repeal or
modify procedures for property sales within industrial
development districts as set forth in chapter 53.25 RCW.
(2) The ten thousand dollar figures in subsection (1) of
this section shall be adjusted annually based upon the
governmental price index established by the department of
revenue under RCW 82.14.200. [1994 c 26 § 1; 1981 c 262
§ 1; 1969 ex.s. c 30 § 1; 1965 c 23 § 1; 1955 c 65 § 10.
Prior: 1943 c 166 § 2, part; 1921 c 183 § 1, part; 1917 c
125 § 1, part; 1913 c 62 § 4, part; 1911 c 92 § 4, part; Rem.
Supp. 1943 § 9692, part.]
(4) Not less than four percent of the total purchase price
shall be paid on the date of execution of the contract for sale
and not less than four percent shall be paid annually thereafter until the full purchase price has been paid, but any
purchaser may make full payment at any time. All unpaid
deferred payments shall draw interest at a rate not less than
six percent per annum.
Nothing in this section shall be deemed to supersede
other provisions of law more specifically governing sales of
port district property. It is the purpose of this section to
provide additional authority and procedures for sale of port
district property no longer needed for port purposes. [1982
c 75 § 1; 1969 ex.s. c 11 § 1; 1965 c 23 § 2.]
Restriction on sale of harbor rights and property: State Constitution Art.
15 § 1 (Amendment 15).
53.08.110 Gifts—Improvement. Port commissioners
of any port district are hereby authorized to accept for and
on behalf of said port district gifts of real and personal
property and to expend in improvements and betterment such
amount as may be necessary. [1921 c 39 § 4; RRS § 9705.]
53.08.091 Sale of property—Contract sales—Terms
and conditions. Except in cases where the full purchase
price is paid at the time of the purchase, every sale of real
property or personal property under authority of RCW
53.08.090 or 53.25.110 shall be subject to the following
terms and conditions:
(1) The purchaser shall enter into a contract with the
district in which the purchaser shall covenant that he will
make the payments of principal and interest when due, and
that he will pay all taxes and assessments on such property.
Upon failure to make payments of principal, interest,
assessments or taxes when due all rights of the purchaser
under said contract may, at the election of the district, after
notice to said purchaser, be declared to be forfeited. When
the rights of the purchaser are declared forfeited, the district
shall be released from all obligation to convey land covered
by the contract, and in the case of personal property, the
district shall have all rights granted to a secured party under
*chapter 62A.9 RCW;
(2) The district may, as it deems advisable, extend the
time for payment of principal and interest due or to become
due;
(3) The district shall notify the purchaser in each
instance when payment is overdue, and that the purchaser is
liable to forfeiture if payment is not made within thirty days
from the time the same became due, unless the time be
extended by the district;
(2002 Ed.)
*Reviser’s note: Chapter 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see
chapter 62A.9A RCW.
53.08.092 Sale of property—Taxes and assessments
against property sold by contract. A copy of all contract
sales of port district property shall be filed with the county
assessor within thirty days after the first payment is received
by the port. The assessor shall place such property on the
tax rolls of the county and the purchaser of such property
shall become liable for all levies and assessments against
such property. The port shall not be liable for any taxes or
assessments, but if any outstanding taxes are not paid the
property may be sold by the county as with other property
with delinquent taxes due. Any amounts accruing from such
a sale by the county, not required to pay outstanding and
delinquent taxes or assessments and foreclosure costs, shall
be paid to the port district. [1965 c 23 § 3.]
53.08.120 Contracts for labor and material—Small
works roster. All material required by a port district may
be procured in the open market or by contract and all work
ordered may be done by contract or day labor. All such
contracts for work, the estimated cost of which exceeds two
hundred thousand dollars, shall be let at public bidding upon
notice published in a newspaper of general circulation in the
district at least thirteen days before the last date upon which
bids will be received, calling for sealed bids upon the work,
plans and specifications for which shall then be on file in the
office of the commission for public inspection. The same
notice may call for bids on such work or material based
upon plans and specifications submitted by the bidder. The
competitive bidding requirements for purchases or public
works may be waived pursuant to RCW 39.04.280 if an
exemption contained within that section applies to the
purchase or public work.
However, a port district may let contracts using the
small works roster process under RCW 39.04.155 in lieu of
calling for sealed bids. Whenever possible, the managing
official shall invite at least one proposal from a minority
contractor who shall otherwise qualify under this section.
[Title 53 RCW—page 11]
53.08.120
Title 53 RCW: Port Districts
When awarding such a contract for work, when utilizing
proposals from the small works roster, the managing official
shall give weight to the contractor submitting the lowest and
best proposal, and whenever it would not violate the public
interest, such contracts shall be distributed equally among
contractors, including minority contractors, on the small
works roster. [2000 c 138 § 210; 1999 c 29 § 1; 1998 c 278
§ 6; 1993 c 198 § 13; 1988 c 235 § 1; 1982 c 92 § 1; 1975
1st ex.s. c 47 § 1; 1955 c 348 § 2. Prior: 1921 c 179 § 1,
part; 1911 c 92 § 5, part; RRS § 9693, part.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Severability—1955 c 348: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1955 c 348 § 7.]
53.08.130 Notice—Award of contract—Low bidder
claiming error. The notice shall state generally the nature
of the work to be done and require that bids be sealed and
filed with the commission at a time specified therein. Each
bid shall be accompanied by a bid proposal deposit in the
form of a cashier’s check, money order, or surety bid bond
to the commission for a sum not less than five percent of the
amount of the bid, and no bid shall be considered unless
accompanied by such bid proposal deposit. At the time and
place named the bids shall be publicly opened and read and
the commission shall proceed to canvass the bids and, except
as otherwise in this section provided, shall let the contract to
the lowest responsible bidder upon plans and specifications
on file, or to the best bidder submitting his or her own plans
and specifications. If, in the opinion of the commission, all
bids are unsatisfactory, they may reject all of them and
readvertise, and in such case all such bid proposal deposits
shall be returned to the bidders; but if the contract is let,
then all bid proposal deposits shall be returned to the
bidders, except that of the successful bidder which shall be
retained until a contract is entered into for the purchase of
such materials or doing such work, and a bond given to the
port district for the performance of the contract and otherwise conditioned as required by law, with sureties satisfactory to the commission, in an amount to be fixed by the
commission, but not in any event less than twenty-five
percent of the contract price. If the bidder fails to enter into
the contract in accordance with his or her bid and furnish
such bond within ten days from the date at which he or she
is notified that he or she is the successful bidder, the check
or money order and the amount thereof shall be forfeited to
the port district or the port district shall recover the amount
of the surety bid bond. A low bidder who claims error and
fails to enter into a contract is prohibited from bidding on
the same project if a second or subsequent call for bids is
made for the project. [1996 c 18 § 11; 1971 ex.s. c 258 §
2; 1955 c 348 § 3. Prior: 1921 c 179 § 1, part; 1911 c 92
§ 5, part; RRS § 9693, part.]
Severability—1971 ex.s. c 258: See note following RCW
28B.10.350.
Severability—1955 c 348: See note following RCW 53.08.120.
Contractor’s bond: Chapter 39.08 RCW.
Lien on public works, retained percentage of contractor’s earnings:
Chapter 60.28 RCW.
[Title 53 RCW—page 12]
53.08.135 Construction projects over forty thousand
dollars—Contracting out. Port districts shall determine if
any construction project over forty thousand dollars can be
accomplished less expensively by contracting out. If contracting out is less expensive, the port district may contract
out such project. [1982 c 92 § 2.]
53.08.140 Leases or contracts without bond. Port
districts may enter into leases and contracts of every kind
and nature with the United States of America or any of its
departments, the state of Washington or any of its departments, or its political subdivisions or with any municipal
corporation or quasi municipal corporation of the state of
Washington, without requiring said port district or public
bodies to provide bonds to secure the performance thereof.
All such leases or contracts heretofore entered into are
hereby ratified. [1943 c 136 § 1; Rem. Supp. 1943 § 9710.]
53.08.145 Insurance—Determination of risks,
hazards, liabilities—Acquisition of appropriate insurance.
(Expires December 31, 2006.) Each port district shall
determine risks, hazards, and liabilities associated with facilities and projects authorized under this chapter in order to
obtain insurance consistent with these determinations. This
insurance may include any types of insurance covering, and
for the benefit of, one or more parties with whom the port
district contracts for any purpose, and insurance for the
benefit of its commissioners, commissions, and employees to
insure against liability for acts or omissions while performing or in good faith purporting to perform their official
duties. All insurance obtained for port district projects may
be acquired by bid or by negotiation. In order to allow the
port district flexibility to secure appropriate insurance by
negotiation, the port district is exempt from RCW 48.30.270
for projects in excess of one hundred million dollars. [2000
c 143 § 1.]
Expiration date—2000 c 143: "This act expires December 31,
2006." [2000 c 143 § 3.]
53.08.150 Notices when no newspaper in county.
Notices required in port districts in which no newspaper is
published may be given by publication in any newspaper of
general circulation in the county. [1921 c 39 § 3; RRS §
9704.]
53.08.160 Studies, investigations, surveys—
Promotion of facilities. All port districts organized under
the provisions of this act shall be, and they are hereby,
authorized and empowered to initiate and carry on the
necessary studies, investigations and surveys required for the
proper development, improvement and utilization of all port
properties, utilities and facilities, and for industrial development within the district when such agricultural and industrial
development is carried out by a public agency, institution, or
body for a public purpose, and to assemble and analyze the
data thus obtained and to cooperate with the state of Washington, other port districts and other operators of terminal
and transportation facilities for these purposes, and to make
such expenditures as are necessary for said purposes, and for
the proper promotion, advertising, improvement and development of such port properties, utilities and facilities: PRO(2002 Ed.)
Powers
VIDED HOWEVER, That nothing in this section shall authorize a port district to develop its properties as an agricultural or dairy farm. [1973 1st ex.s. c 55 § 1; 1947 c 24 § 2;
Rem. Supp. 1947 § 9692A.]
53.08.170 Employment—Wages—Benefits—
Agents—Insurance for port district commissioners. The
port commission shall have authority to create and fill
positions, to fix wages, salaries and bonds thereof, to pay
costs and assessments involved in securing or arranging to
secure employees, and to establish such benefits for employees, including holiday pay, vacations or vacation pay,
retirement and pension benefits, medical, surgical or hospital
care, life, accident, or health disability insurance, and similar
benefits, already established by other employers of similar
employees, as the port commissioner shall by resolution
provide: PROVIDED, That any district providing insurance
benefits for its employees in any manner whatsoever may
provide health and accident insurance, life insurance with
coverage not to exceed that provided district employees, and
business related travel, liability, and errors and omissions
insurance, for its commissioners, which insurance shall not
be considered to be compensation.
Subject to chapter 48.62 RCW, the port commission
shall have authority to provide or pay such benefits directly,
or to provide for such benefits by the purchase of insurance
policies or entering into contracts with and compensating any
person, firm, agency or organization furnishing such benefits,
or by making contributions to vacation plans or funds, or
health and welfare plans and funds, or pension plans or
funds, or similar plans or funds, already established by other
employers of similar employees and in which the port district is permitted to participate for particular classifications
of its employees by the trustees or other persons responsible
for the administration of such established plans or funds:
PROVIDED FURTHER, That no port district employee shall
be allowed to apply for admission to or be accepted as a
member of the state employees’ retirement system after
January 1, 1965, if admission to such system would result in
coverage under both a private pension system and the state
employees’ retirement system, it being the purpose of this
proviso that port districts shall not at the same time contribute for any employee to both a private pension or retirement
plan and to the state employees’ retirement system. The port
commission shall have authority by resolution to utilize and
compensate agents for the purpose of paying, in the name
and by the check of such agent or agents or otherwise,
wages, salaries and other benefits to employees, or particular
classifications thereof, and for the purpose of withholding
payroll taxes and paying over tax moneys so withheld to
appropriate government agencies, on a combined basis with
the wages, salaries, benefits, or taxes of other employers or
otherwise; to enter into such contracts and arrangements with
and to transfer by warrant such funds from time to time to
any such agent or agents so appointed as are necessary to
accomplish such salary, wage, benefit, or tax payments as
though the port district were a private employer, notwithstanding any other provision of the law to the contrary. The
funds of a port district transferred to such an agent or agents
for the payment of wages or salaries of its employees in the
name or by the check of such agent or agents shall be sub(2002 Ed.)
53.08.160
ject to garnishment with respect to salaries or wages so paid,
notwithstanding any provision of the law relating to municipal corporations to the contrary.
Notwithstanding any provision in this section, the
governing body of a port district may enter into an agreement in writing with one or more of its officers or employees or a group of such officers and employees, authorizing
deductions from the officer’s or employee’s salary or wages
of the amount of any premium specified in writing by the
officer or employee, for contribution to any private pension
plan, without loss of eligibility for membership in the state
employees’ retirement system, and may agree to remit that
amount to the management of such private pension plan.
However, no port district funds shall be contributed or paid
to such private plan. When such authorized deductions are
certified by the port commission to the port district’s auditor,
the auditor shall draw and issue a proper warrant or warrants, or check or checks if that method of payment is
authorized by statute, directly to and in favor of the person,
firm, corporation, or organization named in the authorization,
for the total amount authorized to be deducted from the payroll, together with a list identifying the officers and employees for whom the payment is made.
Nothing in this section may be invoked to invalidate any
private pension plan or any public or private contributions or
payments thereto, or exclude members of any such private
pension plan from membership in the state employees’
retirement system, if such private plan was in operation on
December 31, 2001. [2002 c 362 § 1; 1991 sp.s. c 30 § 22;
1987 c 50 § 1; 1985 c 81 § 1; 1973 1st ex.s. c 6 § 1; 1965
c 20 § 1; 1955 c 64 § 1.]
Effective date, implementation, application—Severability—1991
sp.s. c 30: See RCW 48.62.900 and 48.62.901.
Garnishment: Chapter 6.27 RCW.
Hospitalization and medical insurance authorized: RCW 41.04.180.
Hospitalization and medical insurance not deemed additional compensation:
RCW 41.04.190.
Payroll deductions: RCW 41.04.020.
Prevailing wages on public works: Chapter 39.12 RCW.
53.08.171 Employment relations—Collective
bargaining and arbitration. See chapter 53.18 RCW.
53.08.175 Commissioners, officers, and employees—
Reimbursement of expenses. Employees, officers, and
commissioners of port districts shall, when engaged in
official business of the port district, be entitled to receive
their necessary and reasonable travel and other business
expenses incurred on behalf of the port district. Reimbursement of such expenses may be granted, whether incurred
within or without the port district, when submitted on a
voucher with appropriate evidence of payment by such
employee or official. [1965 c 101 § 1.]
Section headings—1965 c 101: "Section headings as used in this act
do not constitute any part of the law." [1965 c 101 § 3.]
53.08.176 Commissioners, officers, and employees—
Regulation of expenses. Each port district shall adopt a
resolution (which may be amended from time to time) which
shall establish the basic rules and regulations governing
methods and amount of reimbursement payable to such port
[Title 53 RCW—page 13]
53.08.176
Title 53 RCW: Port Districts
officials and employees for travel and other business expenses incurred on behalf of the district. The resolution
shall, among other things, establish procedures for approving
such expenses; set forth the method of authorizing the direct
purchase of transportation; the form of the voucher; and
requirements governing the use of credit cards issued in the
name of the port district. Such regulations may provide for
payment of per diem in lieu of actual expenses when travel
requires overnight lodging: PROVIDED, That in all cases
any per diem payment shall not exceed twenty-five dollars
per day. The state auditor shall, as provided by general law,
cooperate with the port district in establishing adequate
procedures for regulating and auditing the reimbursement of
all such expenses. [1965 c 101 § 2.]
Section headings—1965 c 101: See note following RCW 53.08.175.
53.08.180 Federal old age and survivors’ insurance
for employees. As used in RCW 53.08.180 through
53.08.200, the term "employees" shall be as defined in RCW
41.48.020 and no distinction shall be made for the purposes
of coverage under the social security act, between persons
employed by a port district on a casual or temporary basis,
or on a regular or steady basis, or between persons paid
hourly wages and persons paid wages on a weekly, monthly,
or other periodic basis. It being the intent of RCW
53.08.180 through 53.08.200 that all employees shall be
entitled to the coverage of the federal social security act for
work performed in the service of a port district, which is not
covered by the state employees’ retirement system. [1955 c
219 § 1.]
Public employees’ retirement system: Chapter 41.40 RCW.
53.08.190 Federal old age and survivors’ insurance
for employees—Plan for extension of benefits. Each port
district, which has not previously done so, shall within thirty
days of June 8, 1955, submit for approval by the governor
a plan for extending the benefits of Title II of the federal
social security act, as amended, in conformity with applicable provisions of said act as set forth in chapter 41.48 RCW,
to employees of such port district who are employed in
positions not covered by the employees’ retirement system
of the state of Washington. The plan required to be submitted by this section shall be as set forth in RCW 41.48.050
and shall be in conformance therewith. [1955 c 219 § 2.]
53.08.200 Federal old age and survivors’ insurance
for employees—Contributions. All port districts are
authorized to make contributions on employees’ wages, and
to impose upon their employees contributions with respect to
their wages in accordance with RCW 41.48.030 through
41.48.050. [1955 c 219 § 3.]
53.08.205 Liability insurance for officials and
employees. The board of commissioners of each port
district may purchase liability insurance with such limits as
they may deem reasonable for the purpose of protecting their
officials and employees against liability for personal or
bodily injuries and property damage arising from their acts
or omissions while performing or in good faith purporting to
perform their official duties.
[1973 c 125 § 4.]
[Title 53 RCW—page 14]
53.08.207 Liability insurance for officers and
employees authorized. See RCW 36.16.138.
53.08.208 Actions against officer, employee, or
agent—Defense and costs provided by port district—
Exception. Whenever any action, claim or proceeding is
instituted against any person who is or was an officer,
employee, or agent of a port district established under this
title arising out of the performance or failure of performance
of duties for, or employment with any such district, the
commission of the district may grant a request by such
person that the attorney of the district’s choosing be authorized to defend said claim, suit or proceeding, and the costs
of defense, attorney’s fees, and any obligation for payment
arising from such action may be paid from the district’s
funds: PROVIDED, That costs of defense and/or judgment
or settlement against such person shall not be paid in any
case where the court has found that such person was not
acting in good faith or within the scope of his employment
with or duties for the district. [1975 c 60 § 1.]
53.08.210
Quorum. See RCW 53.12.246.
53.08.220 Regulations authorized—Adoption as part
of ordinance or resolution of city or county, procedure—
Enforcement—Penalty for violation. A port district may
formulate all needful regulations for the use by tenants,
agents, servants, licensees, invitees, suppliers, passengers,
customers, shippers, business visitors, and members of the
general public of any properties or facilities owned or
operated by it, and request the adoption, amendment, or
repeal of such regulations as part of the ordinances of the
city or town in which such properties or facilities are
situated, or as part of the resolutions of the county, if such
properties or facilities be situated outside any city or town.
The port commission shall make such request by resolution
after holding a public hearing on the proposed regulations,
of which at least ten days’ notice shall be published in a
legal newspaper of general circulation in the port district.
Such regulations must conform to and be consistent with
federal and state law. As to properties or facilities situated
within a city or town, such regulations must conform to and
be consistent with the ordinances of the city or town. As to
properties or facilities situated outside any city or town, such
regulations must conform to and be consistent with county
resolutions. Upon receiving such request, the governing
body of the city, town, or county, as the case may be, may
adopt such regulations as part of its ordinances or resolutions, or amend or repeal such regulations in accordance
with the terms of the request. Any violation of such
regulations shall constitute a misdemeanor which shall be redressed in the same manner as other police regulations of the
city, town, or county, and it shall be the duty of all law
enforcement officers to enforce such regulations accordingly:
PROVIDED, That violation of a regulation relating to traffic
including parking, standing, stopping, and pedestrian offenses
is a traffic infraction, except that violation of a regulation
equivalent to those provisions of Title 46 RCW set forth in
RCW 46.63.020 remains a misdemeanor. [1979 ex.s. c 136
§ 103; 1961 c 38 § 1.]
(2002 Ed.)
Powers
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
53.08.230 Making motor vehicle and other police
regulations applicable to district property—Filing plat
with county auditor—Duty of law enforcement officers.
A port district may at its option file with the county auditor
a plat of any of its properties or facilities, showing thereon
such private streets, alleys, access roads, parking areas, parks
and other places as the port district may wish to have treated
as public for purposes of motor vehicle or other police
regulations. Such plat may be amended at any time by the
filing of an amendatory plat, and may be vacated at any time
by the filing of a resolution of vacation. So long as any
such plat or amendatory plat is on file and not vacated, the
motor vehicle or other police regulations of the state, and the
motor vehicle regulations of the city, town or county, as the
case may be, in which the areas described in the plat are
situated, shall apply to such areas as though they were public
streets, alleys, access roads, parking areas, parks or other
places, and it shall be the duty of all state and local law
enforcement officers to enforce such regulations accordingly.
[1961 c 38 § 2.]
53.08.240 Joint exercise of powers and joint acquisition of property—Contracts with other governmental
entities. (1) Any two or more port districts shall have the
power, by mutual agreement, to exercise jointly all powers
granted to each individual district, and in the exercise of
such powers shall have the right and power to acquire jointly
all lands, property, property rights, leases, or easements
necessary for their purposes, either entirely within or partly
within or partly without or entirely without such districts:
PROVIDED, That any two or more districts so acting
jointly, by mutual agreement, shall not acquire any real
property or real property rights in any other port district
without the consent of such district.
(2) A district may enter into any contract with the
United States, or any state, county, or municipal corporation,
or any department of those entities, for carrying out any of
the powers that each of the contracting parties may by law
exercise separately.
(3)(a) A port district that is located in a county that has
a contiguous border with another state, and a population
between fifty and seventy thousand, may enter into any
contract that each of the contracting parties may by law
exercise separately with, including but not limited to,
municipal corporations of adjoining states.
(b) In addition to other powers granted by statute, a port
district that is located in a county that has a contiguous
border with another state, and a population between fifty and
seventy thousand, may enter into agreements with the United
States or any of its agencies, or with any state, or with any
municipal corporation of this state or of an adjoining state,
for exercising jointly or cooperatively within or outside the
district, in whole or in part, any of the powers that each of
the contracting parties may by law exercise separately, for
the promotion or development of trade or industry. Such
powers may be exercised outside the boundaries of this state
only after a public hearing of which notice has been published in a newspaper of general circulation within the
district at least ten days in advance, and pursuant to findings
(2002 Ed.)
53.08.220
and a resolution by the port district’s commission that: (i)
The undertaking and the district’s participation in it will
substantially benefit the district and the state of Washington;
and (ii) the districts’ share of the cost will not exceed an
amount calculated by dividing the total cost of the undertaking by the number of participants. [1999 c 306 § 3; 1961 c
24 § 1.]
Purpose—1999 c 306: See note following RCW 53.04.010.
53.08.245 Economic development programs authorized. It shall be in the public purpose for all port districts
to engage in economic development programs. In addition,
port districts may contract with nonprofit corporations in
furtherance of this and other acts relating to economic
development. [1985 c 125 § 1.]
53.08.250 Participation in world fairs or expositions
authorized. See chapter 35.60 RCW.
53.08.255 Tourism promotion authorized. Any port
district in this state, acting through its commission, has
power to expend moneys and conduct promotion of resources and facilities in the district or general area by advertising,
publicizing, or otherwise distributing information to attract
visitors and encourage tourist expansion. [1984 c 122 § 10.]
53.08.260 Park and recreation facilities. A port
district may construct, improve, maintain, and operate public
park and recreation facilities when such facilities are
necessary to more fully utilize boat landings, harbors,
wharves and piers, air, land, and water passenger and
transfer terminals, waterways, and other port facilities
authorized by law pursuant to the port’s comprehensive plan
of harbor improvements and industrial development. [1965
c 81 § 1.]
Harbor improvement plan: RCW 53.20.010.
53.08.270 Park and recreation facilities—Approval
of other agencies. Before undertaking any such plan for the
acquisition and operation of any park or recreational facility
the proposed plan therefor shall be first submitted in writing
to the director of the parks and recreation commission and
to the governing body of any county or municipal park
agency having jurisdiction in the area. The state director
and/or such county or municipal park agency shall examine
the port’s proposed plan, and may disapprove such proposed
plan if it is found to be in conflict with state or local park
and recreation plans for the same area. If such proposed
port plan is disapproved the port district shall not proceed
further with such plan. If the state director or the governing
body of the county or municipal agency does not respond in
writing to the port within sixty days, it shall be deemed that
approval has been granted. [1965 c 81 § 2.]
53.08.280 Police officers—Appointment authorized—Jurisdiction. Any port district operating an airport
with a police department as authorized by RCW 14.08.120
or designated as a port of entry by the federal government is
authorized to appoint police officers with full police powers
to enforce all applicable federal, state, or municipal statutes,
[Title 53 RCW—page 15]
53.08.280
Title 53 RCW: Port Districts
rules, regulations, or ordinances upon any port-owned or
operated properties or operations: PROVIDED, That such
police officers must have successfully graduated from a
recognized professional police academy or training institution. [1981 c 97 § 1; 1974 ex.s. c 62 § 1.]
53.08.290 Intermodal movement of interstate and
foreign cargo—Restrictions. In addition to the other
powers under this chapter, a port district, in connection with
the operation of facilities and improvements of the district,
may perform all necessary activities related to the intermodal
movement of interstate and foreign cargo: PROVIDED,
That nothing contained herein shall authorize a port district
to engage in the transportation of commodities by motor
vehicle for compensation outside the boundaries of the port
district. A port district may, by itself or in conjunction with
public or private entities, acquire, construct, purchase, lease,
contract for, provide, and operate rail services, equipment,
and facilities inside or outside the port district: PROVIDED,
That such authority may only be exercised outside the
boundaries of the port district if such extraterritorial rail
services, equipment, or facilities are found, by resolution of
the commission of the port district exercising such authority,
to be reasonably necessary to link the rail services, equipment, and facilities within the port district to an interstate
railroad system; however, if such extraterritorial rail services,
equipment, or facilities are in or are to be located in one or
more other port districts, the commission of such other port
district or districts must consent by resolution to the proposed plan of the originating port district which consent shall
not be unreasonably withheld: PROVIDED FURTHER,
That no port district shall engage in the manufacture of rail
cars for use off port property. [1981 c 47 § 1; 1980 c 110
§ 2.]
Purpose—1980 c 110: "The purpose of this act is to:
(1) Clarify existing law as to the authority of port districts to perform
certain cargo movement activities and to contract for or otherwise provide
facilities for rail service for the movement of such cargo; and
(2) Provide authority for port districts to assist in development of the
recreation-tourism industry by acquiring and operating certain watercraft in
limited areas." [1980 c 110 § 1.]
53.08.295 Passenger carrying watercraft. A port
district may acquire, lease, construct, purchase, maintain, and
operate passenger carrying vessels on interstate navigable
rivers of the state and intrastate waters of adjoining states.
Service provided shall be under terms, conditions, and rates
to be fixed and approved by the port commission. Operation
of such vessels shall be subject to applicable state and
federal laws pertaining to such service. [1980 c 110 § 3.]
Purpose—1980 c 110: See note following RCW 53.08.290.
53.08.300 Rewards for arrest and conviction of
persons committing criminal offenses against port district
authorized. See RCW 10.85.030.
53.08.310 Moorage facilities—Definitions. Unless
the context clearly requires otherwise, the definitions in this
section apply throughout this section and RCW 53.08.320.
(1) "Port charges" mean charges of a moorage facility
operator for moorage and storage, and all other charges
owing or to become owing under a contract between a vessel
[Title 53 RCW—page 16]
owner and the moorage facility operator, or under an
officially adopted tariff including, but not limited to, costs of
sale and related legal expenses.
(2) "Vessel" means every species of watercraft or other
artificial contrivance capable of being used as a means of
transportation on water and which does not exceed two
hundred feet in length. "Vessel" includes any trailer used for
the transportation of watercraft.
(3) "Moorage facility" means any properties or facilities
owned or operated by a moorage facility operator which are
capable of use for the moorage or storage of vessels.
(4) "Moorage facility operator" means any port district,
city, town, metropolitan park district, or county which owns
and/or operates a moorage facility.
(5) "Owner" means every natural person, firm, partnership, corporation, association, or organization, or agent
thereof, with actual or apparent authority, who expressly or
impliedly contracts for use of a moorage facility.
(6) "Transient vessel" means a vessel using a moorage
facility and which belongs to an owner who does not have
a moorage agreement with the moorage facility operator.
Transient vessels include, but are not limited to: Vessels
seeking a harbor of refuge, day use, or overnight use of a
moorage facility on a space-as-available basis. [1986 c 260
§ 1; 1983 c 188 § 1.]
Construction—Savings—1983 c 188: "Nothing contained in RCW
53.08.310 and 53.08.320 may be construed as a limitation of any rights,
privileges, or remedies previously existing under any applicable laws of port
districts, cities, towns, metropolitan park districts, or counties." [1983 c 188
§ 3.]
Severability—1983 c 188: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 188 § 5.]
53.08.320 Moorage facilities—Regulations authorized—Port charges, delinquency—Abandoned vessels,
public sale. (Effective until January 1, 2003.) A moorage
facility operator may adopt all regulations necessary for
rental and use of moorage facilities and for the expeditious
collection of port charges. The regulations may also
establish procedures for the enforcement of these regulations
by port district, city, county, metropolitan park district or
town personnel. The regulations shall include the following:
(1) Procedures authorizing moorage facility personnel to
take reasonable measures, including the use of chains, ropes,
and locks, or removal from the water, to secure vessels
within the moorage facility so that the vessels are in the
possession and control of the moorage facility operator and
cannot be removed from the moorage facility. These
procedures may be used if an owner mooring or storing a
vessel at the moorage facility fails, after being notified that
charges are owing and of the owner’s right to commence
legal proceedings to contest that such charges are owing, to
pay the port charges owed or to commence legal proceedings. Notification shall be by registered mail to the owner
at his last known address. In the case of a transient vessel,
or where no address was furnished by the owner, the
moorage facility operator need not give such notice prior to
securing the vessel. At the time of securing the vessel, an
authorized moorage facility employee shall attach to the
vessel a readily visible notice. The notice shall be of a
reasonable size and shall contain the following information:
(2002 Ed.)
Powers
(a) The date and time the notice was attached;
(b) A statement that if the account is not paid in full
within ninety days from the time the notice is attached, the
vessel may be sold at public auction to satisfy the port
charges; and
(c) The address and telephone number where additional
information may be obtained concerning release of the
vessel.
After a vessel is secured, the operator shall make a
reasonable effort to notify the owner by registered mail in
order to give the owner the information contained in the
notice.
(2) Procedures authorizing moorage facility personnel at
their discretion to move moored vessels ashore for storage
within properties under the operator’s control or for storage
with private persons under their control as bailees of the
moorage facility, if the vessel is, in the opinion of port
personnel a nuisance, if the vessel is in danger of sinking or
creating other damage, or is owing port charges. Costs of
any such procedure shall be paid by the vessel’s owner.
(3) If a vessel is secured under subsection (1) of this
section or moved ashore under subsection (2) of this section,
the owner who is obligated to the moorage facility operator
for port charges may regain possession of the vessel by:
(a) Making arrangements satisfactory with the moorage
facility operator for the immediate removal of the vessel
from the moorage facility or for authorized moorage; and
(b) Making payment to the moorage facility operator of
all port charges, or by posting with the moorage facility
operator a sufficient cash bond or other acceptable security,
to be held in trust by the moorage facility operator pending
written agreement of the parties with respect to payment by
the vessel owner of the amount owing, or pending resolution
of the matter of the charges in a civil action in a court of
competent jurisdiction. After entry of judgment, including
any appeals, in a court of competent jurisdiction, or after the
parties reach agreement with respect to payment, the trust
shall terminate and the moorage facility operator shall
receive so much of the bond or other security as is agreed,
or as is necessary to satisfy any judgment, costs, and interest
as may be awarded to the moorage facility operator. The
balance shall be refunded immediately to the owner at his
last known address.
(4) If a vessel has been secured by the moorage facility
operator under subsection (1) of this section and is not
released to the owner under the bonding provisions of this
section within ninety days after notifying or attempting to
notify the owner under subsection (1) of this section, the
vessel shall be conclusively presumed to have been abandoned by the owner.
(5) If a vessel moored or stored at a moorage facility is
abandoned, the moorage facility operator may, by resolution
of its legislative authority, authorize the public sale of the
vessel by authorized personnel to the highest and best bidder
for cash as follows:
(a) Before the vessel is sold, the owner of the vessel
shall be given at least twenty days’ notice of the sale in the
manner set forth in subsection (1) of this section if the name
and address of the owner is known. The notice shall contain
the time and place of the sale, a reasonable description of
the vessel to be sold, and the amount of port charges owed
with respect to the vessel. The notice of sale shall be
(2002 Ed.)
53.08.320
published at least once, more than ten but not more than
twenty days before the sale, in a newspaper of general
circulation in the county in which the moorage facility is
located. Such notice shall include the name of the vessel, if
any, the last known owner and address, and a reasonable
description of the vessel to be sold. The moorage facility
operator may bid all or part of its port charges at the sale
and may become a purchaser at the sale;
(b) Before the vessel is sold, any person seeking to
redeem an impounded vessel under this section may commence a lawsuit in the superior court for the county in which
the vessel was impounded to contest the validity of the
impoundment or the amount of the port charges owing.
Such lawsuit must be commenced within ten days of the date
the notification was provided pursuant to subsection (1) of
this section, or the right to a hearing shall be deemed waived
and the owner shall be liable for any port charges owing the
moorage facility operator. In the event of litigation, the
prevailing party shall be entitled to reasonable attorneys’ fees
and costs.
(c) The proceeds of a sale under this section shall first
be applied to the payment of port charges. The balance, if
any, shall be paid to the owner. If the owner cannot in the
exercise of due diligence be located by the moorage facility
operator within one year of the date of the sale, the excess
funds from the sale shall revert to the department of revenue
pursuant to chapter 63.29 RCW. If the sale is for a sum less
than the applicable port charges, the moorage facility
operator is entitled to assert a claim for a deficiency.
(d) In the event no one purchases the vessel at a sale, or
a vessel is not removed from the premises or other arrangements are not made within ten days of sale, title to the
vessel will revert to the moorage facility operator.
(6) The regulations authorized under this section shall
be enforceable only if the moorage facility has had its tariff
containing such regulations conspicuously posted at its
moorage facility at all times. [1986 c 260 § 2; 1985 c 7 §
124; 1983 c 188 § 2.]
Severability—Construction—Savings—1983 c 188: See notes
following RCW 53.08.310.
53.08.320 Moorage facilities—Rules authorized—
Port charges, delinquency—Abandoned vessels, public
sale. (Effective January 1, 2003.) A moorage facility
operator may adopt all rules necessary for rental and use of
moorage facilities and for the expeditious collection of port
charges. The rules may also establish procedures for the
enforcement of these rules by port district, city, county,
metropolitan park district or town personnel. The rules shall
include the following:
(1) Procedures authorizing moorage facility personnel to
take reasonable measures, including the use of chains, ropes,
and locks, or removal from the water, to secure vessels
within the moorage facility so that the vessels are in the
possession and control of the moorage facility operator and
cannot be removed from the moorage facility. These
procedures may be used if an owner mooring or storing a
vessel at the moorage facility fails, after being notified that
charges are owing and of the owner’s right to commence
legal proceedings to contest that such charges are owing, to
pay the port charges owed or to commence legal proceedings. Notification shall be by registered mail to the owner
[Title 53 RCW—page 17]
53.08.320
Title 53 RCW: Port Districts
at his or her last known address. In the case of a transient
vessel, or where no address was furnished by the owner, the
moorage facility operator need not give such notice prior to
securing the vessel. At the time of securing the vessel, an
authorized moorage facility employee shall attach to the
vessel a readily visible notice. The notice shall be of a
reasonable size and shall contain the following information:
(a) The date and time the notice was attached;
(b) A statement that if the account is not paid in full
within ninety days from the time the notice is attached, the
vessel may be sold at public auction to satisfy the port
charges; and
(c) The address and telephone number where additional
information may be obtained concerning release of the
vessel.
After a vessel is secured, the operator shall make a
reasonable effort to notify the owner by registered mail in
order to give the owner the information contained in the
notice.
(2) Procedures authorizing moorage facility personnel at
their discretion to move moored vessels ashore for storage
within properties under the operator’s control or for storage
with private persons under their control as bailees of the
moorage facility, if the vessel is, in the opinion of port
personnel a nuisance, if the vessel is in danger of sinking or
creating other damage, or is owing port charges. Costs of
any such procedure shall be paid by the vessel’s owner. If
the owner is not known, or unable to reimburse the moorage
facility operator for the costs of these procedures, the
mooring facility operators may seek reimbursement of
seventy-five percent of all reasonable and auditable costs
from the derelict vessel removal account established in RCW
79.100.100.
(3) If a vessel is secured under subsection (1) of this
section or moved ashore under subsection (2) of this section,
the owner who is obligated to the moorage facility operator
for port charges may regain possession of the vessel by:
(a) Making arrangements satisfactory with the moorage
facility operator for the immediate removal of the vessel
from the moorage facility or for authorized moorage; and
(b) Making payment to the moorage facility operator of
all port charges, or by posting with the moorage facility
operator a sufficient cash bond or other acceptable security,
to be held in trust by the moorage facility operator pending
written agreement of the parties with respect to payment by
the vessel owner of the amount owing, or pending resolution
of the matter of the charges in a civil action in a court of
competent jurisdiction. After entry of judgment, including
any appeals, in a court of competent jurisdiction, or after the
parties reach agreement with respect to payment, the trust
shall terminate and the moorage facility operator shall
receive so much of the bond or other security as is agreed,
or as is necessary to satisfy any judgment, costs, and interest
as may be awarded to the moorage facility operator. The
balance shall be refunded immediately to the owner at his or
her last known address.
(4) If a vessel has been secured by the moorage facility
operator under subsection (1) of this section and is not
released to the owner under the bonding provisions of this
section within ninety days after notifying or attempting to
notify the owner under subsection (1) of this section, the
[Title 53 RCW—page 18]
vessel shall be conclusively presumed to have been abandoned by the owner.
(5) If a vessel moored or stored at a moorage facility is
abandoned, the moorage facility operator may, by resolution
of its legislative authority, authorize the public sale of the
vessel by authorized personnel to the highest and best bidder
for cash as prescribed by this subsection (5). Either a
minimum bid may be established or a letter of credit may be
required, or both, to discourage the future reabandonment of
the vessel.
(a) Before the vessel is sold, the owner of the vessel
shall be given at least twenty days’ notice of the sale in the
manner set forth in subsection (1) of this section if the name
and address of the owner is known. The notice shall contain
the time and place of the sale, a reasonable description of
the vessel to be sold, and the amount of port charges owed
with respect to the vessel. The notice of sale shall be
published at least once, more than ten but not more than
twenty days before the sale, in a newspaper of general
circulation in the county in which the moorage facility is
located. Such notice shall include the name of the vessel, if
any, the last known owner and address, and a reasonable
description of the vessel to be sold. The moorage facility
operator may bid all or part of its port charges at the sale
and may become a purchaser at the sale.
(b) Before the vessel is sold, any person seeking to
redeem an impounded vessel under this section may commence a lawsuit in the superior court for the county in which
the vessel was impounded to contest the validity of the
impoundment or the amount of the port charges owing.
Such lawsuit must be commenced within ten days of the date
the notification was provided pursuant to subsection (1) of
this section, or the right to a hearing shall be deemed waived
and the owner shall be liable for any port charges owing the
moorage facility operator. In the event of litigation, the
prevailing party shall be entitled to reasonable attorneys’ fees
and costs.
(c) The proceeds of a sale under this section shall first
be applied to the payment of port charges. The balance, if
any, shall be paid to the owner. If the owner cannot in the
exercise of due diligence be located by the moorage facility
operator within one year of the date of the sale, the excess
funds from the sale shall revert to the derelict vessel removal
account established in RCW 79.100.100. If the sale is for a
sum less than the applicable port charges, the moorage
facility operator is entitled to assert a claim for a deficiency.
(d) In the event no one purchases the vessel at a sale, or
a vessel is not removed from the premises or other arrangements are not made within ten days of sale, title to the
vessel will revert to the moorage facility operator.
(6) The rules authorized under this section shall be
enforceable only if the moorage facility has had its tariff
containing such rules conspicuously posted at its moorage
facility at all times. [2002 c 286 § 23; 1986 c 260 § 2; 1985
c 7 § 124; 1983 c 188 § 2.]
Severability—Effective date—2002 c 286: See RCW 79.100.900
and 79.100.901.
Severability—Construction—Savings—1983 c 188: See notes
following RCW 53.08.310.
53.08.330 Streets, roads, and highways—
Construction, upgrading, improvement, and repair autho(2002 Ed.)
Powers
rized. Any port district in this state, acting through its
commission, may expend port funds toward construction,
upgrading, improvement, or repair of any street, road, or
highway that serves port facilities. [1990 c 5 § 1.]
53.08.340 Streets, roads, and highways—
Expenditure of funds. The funds authorized by RCW
53.08.330 may be expended by the port commission in
conjunction with any plan of improvements undertaken by
the state of Washington, an adjoining state, or a county or
municipal government of either, in combination with any of
said public entities, and without regard to whether expenditures are made for a road located within the state of Washington or an adjoining state. [1990 c 5 § 2.]
53.08.350 Moratorium on runway construction or
extension, or initiation of new service—Certain counties
affected. No city, county, or county-wide port district in a
county in the western part of Washington state as divided by
the summit of the Cascade mountain range, with a population of one hundred fifty thousand or more on January 1,
1992, and contiguous to a county with a population of four
hundred thousand or more may construct a runway of one
thousand feet or more, or cause a runway to be extended, or
permit an air carrier to initiate new service at any airport not
presently receiving commercial service that is affected by
this section, before the air transportation commission has
submitted its final report to the legislative transportation
committee, which shall occur no later than December 1,
1994. [1992 c 190 § 2.]
53.08.360 Annexation of port district property—
Transfer of employees engaged in fire fighting. (1) When
a port district provides its own fire protection services with
port district employees, and port district property is included
as part of an annexation, incorporation, consolidation, or
merger by a city, town, or fire protection district, and fire
protection services for this port district property will be
furnished by the city, town, or fire protection district, an
eligible employee may transfer employment to the city,
town, or fire protection district in the same manner and
under the same conditions that a fire fighter may transfer
employment into a fire protection district pursuant to RCW
52.04.111, 52.04.121, and 52.04.131.
(2) "Eligible employee" means an employee of the port
district who (a) was at the time of the annexation, merger,
consolidation, or incorporation employed exclusively or
principally in performing the powers, duties, and functions
which are to be performed by the fire department of the city,
town, or fire protection district, (b) will, as a direct consequence of the annexation, merger, consolidation, or incorporation, be separated from the employ of the port district, and
(c) can perform the duties and meet the minimum requirements of the position to be filled. [1994 c 74 § 2.]
Intent—1994 c 74: "The legislature recognizes that it passed
comprehensive legislation in 1986 to provide protection to fire fighters who
risk losing their jobs as a result of an annexation, incorporation, merger, or
consolidation by a city, town, or fire protection district. The legislation did
not, however, grant these same protections to fire fighters who are employed
by port districts. It is the intent of the legislature that fire fighters who are
employed by port districts should have the same transfer rights as other
local government fire fighters in the event of an annexation, consolidation,
(2002 Ed.)
53.08.330
merger, or incorporation by a city, town, or fire protection district." [1994
c 74 § 1.]
53.08.370 Telecommunications facilities—Construct,
purchase, acquire, etc.—Purposes—Limitations—Eminent
domain. (1) A rural port district in existence on June 8,
2000, may construct, purchase, acquire, develop, finance,
lease, license, handle, provide, add to, contract for, interconnect, alter, improve, repair, operate, and maintain any
telecommunications facilities within or without the district’s
limits for the following purposes:
(a) For the district’s own use; and
(b) For the provision of wholesale telecommunications
services within the district’s limits. Nothing in this subsection shall be construed to authorize rural port districts to
provide telecommunications services to end users.
(2) A rural port district providing wholesale telecommunications services under this section shall ensure that rates,
terms, and conditions for such services are not unduly or
unreasonably discriminatory or preferential. Rates, terms,
and conditions are discriminatory or preferential when a rural
port district offering such rates, terms, and conditions to an
entity for wholesale telecommunications services does not
offer substantially similar rates, terms, and conditions to all
other entities seeking substantially similar services.
(3) When a rural port district establishes a separate
utility function for the provision of wholesale telecommunications services, it shall account for any and all revenues and
expenditures related to its wholesale telecommunications
facilities and services separately from revenues and expenditures related to its internal telecommunications operations.
Any revenues received from the provision of wholesale
telecommunications services must be dedicated to the utility
function that includes the provision of wholesale telecommunications services for costs incurred to build and maintain
the telecommunications facilities until such time as any
bonds or other financing instruments executed after June 8,
2000, and used to finance the telecommunications facilities
are discharged or retired.
(4) When a rural port district establishes a separate
utility function for the provision of wholesale telecommunications services, all telecommunications services rendered by
the separate function to the district for the district’s internal
telecommunications needs shall be charged at its true and
full value. A rural port district may not charge its
nontelecommunications operations rates that are preferential
or discriminatory compared to those it charges entities
purchasing wholesale telecommunications services.
(5) A rural port district shall not exercise powers of
eminent domain to acquire telecommunications facilities or
contractual rights held by any other person or entity to
telecommunications facilities.
(6) Except as otherwise specifically provided, a rural
port district may exercise any of the powers granted to it
under this title and other applicable laws in carrying out the
powers authorized under this section. Nothing in chapter 81,
Laws of 2000 limits any existing authority of a rural port
district under this title. [2000 c 81 § 7.]
Findings—2000 c 81: See note following RCW 53.08.005.
53.08.380 Wholesale telecommunications services—
Petition for review of rates, terms, conditions. (1) A
[Title 53 RCW—page 19]
53.08.380
Title 53 RCW: Port Districts
person or entity that has requested wholesale telecommunications services from a rural port district may petition the
commission under the procedures set forth in RCW
80.04.110 (1) through (3) if it believes the district’s rates,
terms, and conditions are unduly or unreasonably discriminatory or preferential. The person or entity shall provide the
district notice of its intent to petition the commission and an
opportunity to review within thirty days the rates, terms, and
conditions as applied to it prior to submitting its petition. In
determining whether a district is providing discriminatory or
preferential rates, terms, and conditions, the commission may
consider such matters as service quality, technical feasibility
of connection points on the district’s telecommunications
facilities, time of response to service requests, system
capacity, and other matters reasonably related to the provision of wholesale telecommunications services. If the
commission, after notice and hearing, determines that a rural
port district’s rates, terms, and conditions are unduly or
unreasonably discriminatory or preferential, it shall issue a
final order finding noncompliance with this section and
setting forth the specific areas of apparent noncompliance.
An order imposed under this section shall be enforceable in
any court of competent jurisdiction.
(2) The commission may order a rural port district to
pay a share of the costs incurred by the commission in
adjudicating or enforcing this section.
(3) Without limiting other remedies at law or equity, the
commission and prevailing party may also seek injunctive
relief to compel compliance with an order.
(4) Nothing in this section shall be construed to affect
the commission’s authority and jurisdiction with respect to
actions, proceedings, or orders permitted or contemplated for
a state commission under the federal telecommunications act
of 1996, P.L. 104-104 (110 Stat. 56). [2000 c 81 § 9.]
Findings—2000 c 81: See note following RCW 53.08.005.
53.08.390 Grays Harbor pilotage district—
Conditions on pilotage service. A countywide port district
located in part or in whole within the Grays Harbor pilotage
district, as defined by RCW 88.16.050(2), may commence
pilotage service with the following powers and subject to the
conditions contained in this section.
(1) Persons employed to perform the pilotage service of
a port district must be licensed under chapter 88.16 RCW to
provide pilotage.
(2) Before establishing pilotage service, a port district
shall give at least sixty days’ written notice to the chairman
of the board of pilotage commissioners to provide pilotage.
(3) A port district providing pilotage service under this
section requiring additional pilots may petition the board of
pilotage commissioners to qualify and license as a pilot a
person who has passed the examination and is on the waiting
list for the training program for the district. If there are no
persons on the waiting list, the board shall solicit applicants
and offer the examination.
(4) In addition to the power to employ or contract with
pilots, a port district providing pilotage services under this
section has such other powers as are reasonably necessary to
accomplish the purpose of this section including, but not
limited to, providing through ownership or contract pilots
[Title 53 RCW—page 20]
launches, dispatcher services, or ancillary tug services
required for operations or safety.
(5) A port district providing pilotage services under this
section may recommend to the board of pilotage commissioners rules of service, rates, and tariffs governing its
pilotage services for consideration and adoption pursuant to
RCW 88.16.035. The rules, rates, and tariffs recommended
by the port district must have been approved in open
meetings of the port district ten or more days after published
notice in a newspaper of general circulation and after
mailing a copy of the notice to the chairman of the board of
pilotage commissioners.
(6) A pilot providing pilotage services under this section
must comply with all requirements of the pilotage act,
chapter 88.16 RCW, and all rules adopted thereunder. [2001
2nd sp.s. c 22 § 1.]
Construction—2001 2nd sp.s. c 22: "Nothing in this act is intended
to amend chapter 88.16 RCW." [2001 2nd sp.s. c 22 § 3.]
Effective date—2001 2nd sp.s. c 22: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [July 13, 2001]." [2001 2nd sp.s. c 22 § 4.]
53.08.400 District may exercise powers of community renewal agency. A port district may enter into a contract
with any city, town, or county for the purpose of exercising
any powers of a community renewal agency under chapter
35.81 RCW. [2002 c 218 § 27.]
Severability—Savings—Construction—2002 c 218: See notes
following RCW 35.81.005.
53.08.410 Abandoned or derelict vessels. (Effective
January 1, 2003.) A port district has the authority, subject
to the processes and limitation outlined in chapter 79.100
RCW, to store, strip, use, auction, sell, salvage, scrap, or
dispose of an abandoned or derelict vessel found on or above
publicly or privately owned aquatic lands within the jurisdiction of the port district. [2002 c 286 § 18.]
Severability—Effective date—2002 c 286: See RCW 79.100.900
and 79.100.901.
Chapter 53.12
COMMISSIONERS—ELECTIONS
Sections
53.12.005
53.12.010
53.12.021
53.12.061
53.12.115
53.12.120
53.12.130
53.12.140
53.12.172
53.12.175
53.12.221
53.12.245
53.12.246
53.12.260
Definition—"Gross operating revenue."
Port commission—Number of commissioners, districts.
Elimination of commissioner districts.
Elections to conform with general election law.
Increasing number of commissioners—Resolution, petition—
Ballot proposition.
Increasing number of commissioners—Population requirements—Ballot proposition—Election of added commissioners.
Increasing number of commissioners—Election of additional
commissioners—Commencement and terms of office.
Vacancies.
Port commissioner terms of office.
Reducing port commissioner terms—Ballot proposition.
Terms—Districts covering entire county with populations of
one hundred thousand or more.
Organization of commission—Powers and duties—Record of
proceedings.
Quorum.
Compensation.
(2002 Ed.)
Commissioners—Elections
53.12.265 Waiver of compensation.
53.12.270 Delegation of powers to managing official of port district.
Elections: Title 29 RCW.
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29.70.100.
53.12.005 Definition—"Gross operating revenue."
For purposes of this chapter, "gross operating revenue"
means the total of all revenues received by a port district.
[1992 c 147 § 5.]
Severability—1992 c 147: See note following RCW 53.04.020.
53.12.010 Port commission—Number of commissioners, districts. (1) The powers of the port district shall
be exercised through a port commission consisting of three
or, when permitted by this title, five members. Every port
district that is not coextensive with a county having a
population of five hundred thousand or more shall be divided
into the same number of commissioner districts as there are
commissioner positions, each having approximately equal
population, unless provided otherwise under subsection (2)
of this section. Where a port district with three commissioner positions is coextensive with the boundaries of a
county that has a population of less than five hundred
thousand and the county has three county legislative authority districts, the port commissioner districts shall be the
county legislative authority districts. In other instances
where a port district is divided into commissioner districts,
the port commission shall divide the port district into
commissioner districts unless the commissioner districts have
been described pursuant to RCW 53.04.031. The commissioner districts shall be altered as provided in chapter
53.16 RCW.
Commissioner districts shall be used as follows: (a)
Only a registered voter who resides in a commissioner
district may be a candidate for, or hold office as, a commissioner of the commissioner district; and (b) only the voters
of a commissioner district may vote at a primary to nominate
candidates for a commissioner of the commissioner district.
Voters of the entire port district may vote at a general
election to elect a person as a commissioner of the commissioner district.
(2)(a) In port districts with five commissioners, two of
the commissioner districts may include the entire port district
if approved by the voters of the district either at the time of
formation or at a subsequent port district election at which
the issue is proposed pursuant to a resolution adopted by the
board of commissioners and delivered to the county auditor.
(b) In a port district with five commissioners, where two
of the commissioner districts include the entire port district,
the port district may be divided into five commissioner
districts if proposed pursuant to a resolution adopted by the
board of commissioners or pursuant to a petition by the
voters and approved by the voters of the district at the next
general or special election occurring sixty or more days after
the adoption of the resolution. A petition proposing such an
increase must be submitted to the county auditor of the
county in which the port district is located and signed by
voters of the port district at least equal in number to ten
(2002 Ed.)
Chapter 53.12
percent of the number of voters in the port district who
voted at the last general election.
Upon approval by the voters, the commissioner district
boundaries shall be redrawn into five districts within one
hundred twenty days and submitted to the county auditor
pursuant to RCW 53.16.015. The new commissioner
districts shall be numbered one through five and the three
incumbent commissioners representing the three former
districts shall represent commissioner districts one through
three. The two at large incumbent commissioners shall
represent commissioner districts four and five. If, as a result
of redrawing the district boundaries more than one of the
incumbent commissioners resides in one of the new commissioner districts, the commissioners who reside in the same
commissioner district shall determine by lot which of the
numbered commissioner districts they shall represent for the
remainder of their respective terms. [2002 c 51 § 1; 1994 c
223 § 81; 1992 c 146 § 1; 1991 c 363 § 128; 1965 c 51 § 1;
1959 c 17 § 3. Prior: 1913 c 62 § 2; 1911 c 92 § 3; RRS
§ 9690.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
53.12.021 Elimination of commissioner districts.
Any less than county-wide port district that uses commissioner districts may cease using commissioner districts as
provided in this section.
A ballot proposition authorizing the elimination of
commissioner districts shall be submitted to the voters of a
less than county-wide port district that is divided into
commissioner districts if (1) a petition is submitted to the
port commission proposing that the port district cease using
commissioner districts, that is signed by registered voters of
the port district equal in number to at least ten percent of the
number of voters who voted at the last district general
election; or (2) the port commissioners adopt a resolution
proposing that the port district cease using commissioner
districts. The port commission shall transfer the petition or
resolution immediately to the county auditor who shall, when
a petition is submitted, review the signatures and certify its
sufficiency. A ballot proposition authorizing the elimination
of commissioner districts shall be submitted at the next
district general election occurring sixty or more days after a
petition with sufficient signatures was submitted. If the
ballot proposition authorizing the port district to cease using
commissioner districts is approved by a simple majority
vote, the port district shall cease using commissioner districts
at all subsequent elections. [1994 c 223 § 82.]
53.12.061 Elections to conform with general election
law. All elections relating to a port district shall conform
with general election law, except as expressly provided in
Title 53 RCW. [1992 c 146 § 5.]
53.12.115 Increasing number of commissioners—
Resolution, petition—Ballot proposition. A ballot proposition shall be submitted to the voters of any port district
authorizing an increase in the number of port commissioners
to five whenever the port commission adopts a resolution
proposing the increase in number of port commissioners or
a petition proposing such an increase has been submitted to
[Title 53 RCW—page 21]
53.12.115
Title 53 RCW: Port Districts
the county auditor of the county in which the port district is
located that has been signed by voters of the port district at
least equal in number to ten percent of the number of voters
in the port district who voted at the last general election.
The ballot proposition shall be submitted at the next general
or special election occurring sixty or more days after the
petition was submitted or resolution was adopted.
At the next general or special election following the
election in which an increase in the number of port commissioners was authorized, candidates for the two additional port
commissioner positions shall be elected as provided in RCW
53.12.130, and the voters may be asked to approve the
nomination of commissioners from district-wide commissioner districts as permitted in RCW 53.12.010(2). [1994 c 223
§ 86; 1992 c 146 § 7.]
53.12.120 Increasing number of commissioners—
Population requirements—Ballot proposition—Election
of added commissioners. When the population of a port
district that has three commissioners reaches five hundred
thousand, in accordance with the latest United States regular
or special census or with the official state population
estimate, there shall be submitted to the voters of the district,
at the next district general election or at a special port
election called for that purpose, the proposition of increasing
the number of commissioners to five.
At the next district general election following the
election in which an increase in the number of port commissioners was authorized, candidates for the two additional port
commissioner positions shall be elected as provided in RCW
53.12.130. [1994 c 223 § 87; 1992 c 146 § 8; 1982 c 219
§ 1; 1965 c 51 § 7; 1959 c 175 § 3; 1959 c 17 § 10. Prior:
1953 c 198 § 1; 1913 c 62 § 2, part; 1911 c 92 § 3, part;
RRS § 9690, part.]
53.12.130 Increasing number of commissioners—
Election of additional commissioners—Commencement
and terms of office. Two additional port commissioners
shall be elected at the next district general election following
the election at which voters authorized the increase in port
commissioners to five members.
The port commissioners shall divide the port district into
five commissioner districts prior to the first day of June in
the year in which the two additional commissioners shall be
elected, unless the voters approved the nomination of the two
additional commissioners from district-wide commissioner
districts as permitted in RCW 53.12.010(2). The new
commissioner districts shall be numbered one through five
and the three incumbent commissioners shall represent
commissioner districts one through three. If, as a result of
redrawing the district boundaries two or three of the incumbent commissioners reside in one of the new commissioner
districts, the commissioners who reside in the same commissioner district shall determine by lot which of the first three
numbered commissioner districts they shall represent for the
remainder of their respective terms. A primary shall be held
to nominate candidates from districts four and five where
necessary and commissioners shall be elected from commissioner districts four and five at the general election. The
persons elected as commissioners from commissioner
[Title 53 RCW—page 22]
districts four and five shall take office immediately after
qualification as defined under RCW 29.01.135.
In a port district where commissioners are elected to
four-year terms of office, the additional commissioner thus
elected receiving the highest number of votes shall be
elected to a four-year term of office and the other additional
commissioner thus elected shall be elected to a term of
office of two years, if the election is held in an odd-numbered year, or the additional commissioner thus elected
receiving the highest number of votes shall be elected to a
term of office of three years and the other shall be elected
to a term of office of one year, if the election is held in an
even-numbered year. In a port district where the commissioners are elected to six-year terms of office, the
additional commissioner thus elected receiving the highest
number of votes shall be elected to a six-year term of office
and the other additional commissioner shall be elected to a
four-year term of office, if the election is held in an oddnumbered year, or the additional commissioner receiving the
highest number of votes shall be elected to a term of office
of five-years and the other shall be elected to a three-year
term of office, if the election is held in an even-numbered
year. The length of terms of office shall be computed from
the first day of January in the year following this election.
Successor commissioners from districts four and five
shall be elected to terms of either six or four years, depending on the length of terms of office to which commissioners
of that port district are elected. [1994 c 223 § 88; 1992 c
146 § 9; 1965 c 51 § 8; 1959 c 17 § 11. Prior: 1953 c 198
§ 2; 1913 c 62 § 2, part; 1911 c 92 § 3, part; RRS § 9690,
part.]
53.12.140 Vacancies. A vacancy in the office of port
commissioner shall occur as provided in chapter 42.12 RCW
or by nonattendance at meetings of the port commission for
a period of sixty days unless excused by the port commission. A vacancy on a port commission shall be filled as provided in chapter 42.12 RCW. [1994 c 223 § 54; 1959 c 17
§ 9. Prior: 1913 c 62 § 2, part; 1911 c 92 § 3, part; RRS
§ 9690, part.]
53.12.172 Port commissioner terms of office. (1) In
every port district the term of office of each port commissioner shall be four years in each port district that is countywide with a population of one hundred thousand or more, or
either six or four years in all other port districts as provided
in RCW 53.12.175, and until a successor is elected and
qualified and assumes office in accordance with RCW
29.04.170.
(2) The initial port commissioners shall be elected at the
same election as when the ballot proposition is submitted to
voters authorizing the creation of the port district. If the
port district is created the persons elected at this election
shall serve as the initial port commission. No primary shall
be held. The person receiving the greatest number of votes
for commissioner from each commissioner district shall be
elected as the commissioner of that district.
(3) The terms of office of the initial port commissioners
shall be staggered as follows in a port district that is countywide with a population of one hundred thousand or more:
(a) The two persons who are elected receiving the two
(2002 Ed.)
Commissioners—Elections
greatest numbers of votes shall be elected to four-year terms
of office if the election is held in an odd-numbered year, or
three-year terms of office if the election is held in an evennumbered year, and shall hold office until successors are
elected and qualified and assume office in accordance with
RCW 29.04.170; and (b) the other person who is elected
shall be elected to a two-year term of office if the election
is held in an odd-numbered year, or a one-year term of
office if the election is held in an even-numbered year, and
shall hold office until a successor is elected and qualified
and assumes office in accordance with RCW 29.04.170.
(4) The terms of office of the initial port commissioners
in all other port districts shall be staggered as follows: (a)
The person who is elected receiving the greatest number of
votes shall be elected to a six-year term of office if the
election is held in an odd-numbered year or to a five-year
term of office if the election is held in an even-numbered
year, and shall hold office until a successor is elected and
qualified and assumes office in accordance with RCW
29.04.170; (b) the person who is elected receiving the next
greatest number of votes shall be elected to a four-year term
of office if the election is held in an odd-numbered year or
to a three-year term of office if the election is held in an
even-numbered year, and shall hold office until a successor
is elected and qualified and assumes office in accordance
with RCW 29.04.170; and (c) the other person who is
elected shall be elected to a two-year term of office if the
election is held in an odd-numbered year or a one-year term
of office if the election is held in an even-numbered year,
and shall hold office until a successor is elected and qualified and assumes office in accordance with RCW 29.04.170.
(5) The initial port commissioners shall take office
immediately after being elected and qualified, but the length
of their terms shall be calculated from the first day in
January in the year following their elections. [1994 c 223 §
85. Prior: 1992 c 146 § 2; (1992 c 146 § 14 repeal deleted
by 1994 c 223 § 93); 1979 ex.s. c 126 § 34; 1951 c 68 § 2;
prior: (i) 1935 c 133 § 2; RRS § 9691A-2. (ii) 1935 c 133
§ 3; RRS § 9691A-3. (iii) 1935 c 133 § 4; RRS § 9691A-4.
(iv) 1935 c 133 § 5; RRS § 9691A-5. (v) 1935 c 133 § 6;
RRS § 9691A-6. (vi) 1935 c 133 § 7; RRS § 9691A-7.]
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
53.12.175 Reducing port commissioner terms—
Ballot proposition. A ballot proposition to reduce the terms
of office of port commissioners from six years to four years
shall be submitted to the voters of any port district that
otherwise would have commissioners with six-year terms of
office upon either resolution of the port commissioners or
petition of voters of the port district proposing the reduction
in terms of office, which petition has been signed by voters
of the port district equal in number to at least ten percent of
the number of voters in the port district voting at the last
general election. The petition shall be submitted to the
county auditor. If the petition was signed by sufficient valid
signatures, the ballot proposition shall be submitted at the
next general or special election that occurs sixty or more
days after the adoption of the resolution or submission of the
petition.
If the ballot proposition reducing the terms of office of
port commissioners is approved by a simple majority vote of
(2002 Ed.)
53.12.172
the voters voting on the proposition, the commissioner or
commissioners who are elected at that election shall be
elected to four-year terms of office. The terms of office of
the other commissioners shall not be reduced, but each
successor shall be elected to a four-year term of office.
[1994 c 223 § 89; 1992 c 146 § 3.]
53.12.221 Terms—Districts covering entire county
with populations of one hundred thousand or more. Port
commissioners of county-wide port districts with populations
of one hundred thousand or more who are holding office as
of June 11, 1992, shall retain their positions for the remainder of their terms until their successors are elected and
qualified, and assume office in accordance with RCW
29.04.170. Their successors shall be elected to four-year
terms of office except as otherwise provided in RCW
53.12.130. [1992 c 146 § 4.]
53.12.245 Organization of commission—Powers and
duties—Record of proceedings. The port commission shall
organize by the election of its own members of a president
and secretary, shall by resolution adopt rules governing the
transaction of its business and shall adopt an official seal.
All proceedings of the port commission shall be by motion
or resolution recorded in a book or books kept for such
purpose, which shall be public records. [1955 c 348 § 6.]
Severability—1955 c 348: See note following RCW 53.08.120.
Public records: Title 40 RCW, chapter 42.17 RCW.
53.12.246 Quorum. A majority of the persons
holding the office of port commissioner at any time shall
constitute a quorum of the port commission for the transaction of business, and the concurrence of a majority of the
persons holding such office at the time shall be necessary
and shall be sufficient for the passage of any resolution, but
no business shall be transacted unless there are in office at
least a majority of the full number of commissioners fixed
by law. [1959 c 17 § 12. Prior: 1913 c 62 § 2, part; 1911
c 92 § 3, part; RRS § 9690.]
53.12.260 Compensation. (1) Each commissioner of
a port district shall receive seventy dollars per day or portion
thereof spent (a) in actual attendance at official meetings of
the port district commission, or (b) in performance of other
service in behalf of the district. The total per diem compensation of a port commissioner shall not exceed six
thousand seven hundred twenty dollars in a year, or eight
thousand four hundred dollars in any year for a port district
with gross operating income of twenty-five million or more
in the preceding calendar year.
(2) Port commissioners shall receive additional compensation as follows: (a) Each commissioner of a port district
with gross operating revenues of twenty-five million dollars
or more in the preceding calendar year shall receive a salary
of five hundred dollars per month; and (b) each commissioner of a port district with gross operating revenues of from
one million dollars to less than twenty-five million dollars in
the preceding calendar year shall receive a salary of two
hundred dollars per month.
[Title 53 RCW—page 23]
53.12.260
Title 53 RCW: Port Districts
(3) In lieu of the compensation specified in this section,
a port commission may set compensation to be paid to
commissioners.
(4) For any commissioner who has not elected to
become a member of public employees retirement system
before May 1, 1975, the compensation provided pursuant to
this section shall not be considered salary for purposes of the
provisions of any retirement system created pursuant to the
general laws of this state nor shall attendance at such
meetings or other service on behalf of the district constitute
service as defined in RCW 41.40.010(9): PROVIDED, That
in the case of a port district when commissioners are
receiving compensation and contributing to the public
employees retirement system, these benefits shall continue in
full force and effect notwithstanding the provisions of RCW
53.12.260 and 53.12.265. [1998 c 121 § 3; 1992 c 146 § 12;
1985 c 330 § 3; 1975 1st ex.s. c 187 § 1.]
53.12.265 Waiver of compensation. A commissioner
of any port district may waive all or any portion of his
compensation payable under RCW 53.12.260 as to any
month or months during his term of office, by a written
waiver filed with the secretary of the commission. The
waiver, to be effective, must be filed any time after the
commissioner’s election and prior to the date on which said
compensation would otherwise be paid. The waiver shall
specify the month or period of months for which it is made.
[1975 1st ex.s. c 187 § 2.]
53.12.270 Delegation of powers to managing official
of port district. The commission may delegate to the
managing official of a port district such administerial powers
and duties of the commission as it may deem proper for the
efficient and proper management of port district operations.
Any such delegation shall be authorized by appropriate
resolution of the commission, which resolution must also
establish guidelines and procedures for the managing official
to follow. [1975 1st ex.s. c 12 § 1.]
Chapter 53.16
REVISION OF COMMISSIONER DISTRICTS
Sections
53.16.015
53.16.020
53.16.030
Redrawing commissioner district boundaries—Conditions.
Notice of hearing on revision.
Change not to affect term of office.
53.16.015 Redrawing commissioner district boundaries—Conditions. The port commission of a port district
that uses commissioner districts may redraw the commissioner district boundaries as provided in chapter 29.70 RCW at
any time and submit the redrawn boundaries to the county
auditor if the port district is not coterminous with a county
that has the same number of county legislative authority
districts as the port has port commissioners. The new commissioner districts shall be used at the next election at which
a port commissioner is regularly elected that occurs at least
one hundred eighty days after the redrawn boundaries have
been submitted. Each commissioner district shall encompass
as nearly as possible the same population. [1994 c 223 §
90; 1992 c 146 § 10.]
[Title 53 RCW—page 24]
53.16.020 Notice of hearing on revision. The
revision of boundary lines provided for in this chapter shall
be made only at a meeting of the board of port commissioners with attendance of all of the members of the commission,
which meeting shall be public, following notice of said
meeting, and the purpose thereof published in a newspaper
of general circulation within the port district, or, if there be
no such newspaper published within the district, in a
newspaper published at the county seat of the county in
which such port district is located. Such notice shall be
published not less than twice, the date of the first publication
to be not less than fifteen nor more than twenty days prior
to the date fixed for said hearing, and shall state the time,
place and purpose of the hearing. [1933 c 145 § 3; RRS §
9708-3.]
53.16.030 Change not to affect term of office. Any
change of boundary lines provided for in this chapter shall
not affect the term for which a commissioner shall hold
office at the time the change is made. [1992 c 146 § 11;
1933 c 145 § 4; RRS § 9704-8.]
Chapter 53.18
EMPLOYMENT RELATIONS—COLLECTIVE
BARGAINING AND ARBITRATION
Sections
53.18.010
53.18.015
53.18.020
53.18.030
53.18.040
53.18.050
53.18.060
Definitions.
Application of public employees’ collective bargaining act.
Agreements authorized.
Criteria for choice of employee organization—Procedures
for resolution of controversy.
Incidental powers of district.
Agreements—Authorized provisions.
Restraints on agreement.
53.18.010 Definitions. "Port district" shall mean a
municipal corporation of the state of Washington created
pursuant to Title 53 RCW. Said port districts may also be
hereinafter referred to as the "employer."
"Employee" shall include all port employees except
managerial, professional, and administrative personnel, and
their confidential assistants.
"Employee organization" means any lawful association,
labor organization, union, federation, council, or brotherhood,
having as its primary purpose the representation of employees on matters of employment relations.
"Employment relations" includes, but is not limited to,
matters concerning wages, salaries, hours, vacation, sick
leave, holiday pay and grievance procedures. [1967 c 101
§ 1.]
53.18.015 Application of public employees’ collective bargaining act. Port districts and their employees shall
be covered by the provisions of chapter 41.56 RCW except
as provided otherwise in this chapter. [1983 c 287 § 1.]
Severability—1983 c 287: See note following RCW 41.56.450.
53.18.020 Agreements authorized. Port districts may
enter into labor agreements or contracts with employee
organizations on matters of employment relations: PROVID(2002 Ed.)
Employment Relations—Collective Bargaining and Arbitration
ED, That nothing in this chapter shall be construed to authorize any employee, or employee organization to cause or
engage in a strike or stoppage of work or slowdown or
similar activity against any port district. [1967 c 101 § 2.]
53.18.030 Criteria for choice of employee organization—Procedures for resolution of controversy. In
determining which employee organization will represent
them, employees shall have maximum freedom in exercising
their right of self-organization.
Controversies as to the choice of employee organization
within a port shall be submitted to the public employment
relations commission. Employee organizations may agree
with the port district to independently resolve jurisdictional
disputes: PROVIDED, That when no other procedure is
available the procedures of RCW 49.08.010 shall be followed in resolving such disputes. In such case the chairman
of the public employment relations commission shall, at the
request of any employee organization, arbitrate any dispute
between employee organizations and enter a binding award
in such dispute. [1975 1st ex.s. c 296 § 38; 1967 c 101 §
3.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
Powers and duties of public employment relations commission: Chapter
41.58 RCW.
53.18.040 Incidental powers of district. Port districts
exercising the authority granted by RCW 53.18.020 may take
any of the following actions as incidental thereto: Make
necessary expenditures; act jointly with other ports or
employers; engage technical assistance; make appearances
before and utilize the services of state or federal agencies,
boards, courts, or commissions; make retroactive payments
of wages where provided by agreements; and exercise all
other necessary powers to carry this chapter into effect,
including the promulgation of rules and regulations to
effectuate the purposes of this chapter. [1967 c 101 § 4.]
53.18.050 Agreements—Authorized provisions. A
labor agreement signed by a port district may contain:
(1) Provisions that the employee organization chosen by
a majority of the employees in a grouping or unit will be
recognized as the representative of all employees in the
classification included in such grouping or unit;
(2) Maintenance of membership provisions including
dues check-off arrangements; and
(3) Provisions providing for binding arbitration, the
expenses being equally borne by the parties, in matters of
contract interpretation and the settlement of jurisdictional
disputes. [1967 c 101 § 5.]
53.18.060 Restraints on agreement. No labor
agreement or contract entered into by a port district shall:
(1) Restrict the right of the port district in its discretion
to hire;
(2) Limit the right of the port to secure its regular or
steady employees from the local community; and
(3) Include within the same agreements: (a) Port
security personnel, or (b) port supervisory personnel. [1967
c 101 § 6.]
(2002 Ed.)
53.18.020
Chapter 53.20
HARBOR IMPROVEMENTS
Sections
53.20.010
53.20.020
53.20.030
53.20.040
Adoption of harbor improvement plan.
Improvement to follow plans adopted.
Improvements—Ownership of.
Fifty percent of cost of local improvement may be paid from
general fund.
53.20.050 Local improvements upon majority petition.
Joint improvement of navigable rivers: RCW 88.32.240 and 88.32.250.
53.20.010 Adoption of harbor improvement plan.
It shall be the duty of the port commission of any port
district, before creating any improvements hereunder, to
adopt a comprehensive scheme of harbor improvement in the
port district, after a public hearing thereon, of which notice
shall be published once a week for two consecutive weeks
in a newspaper of general circulation in the port district, and
no expenditure for the carrying on of any harbor improvements shall be made by the port commission other than the
necessary salaries, including engineers, clerical and office
expenses of the port district, and the cost of engineering,
surveying, preparation and collection of data necessary for
the making and adoption of a general scheme of harbor
improvements in the port district, unless and until the
comprehensive scheme of harbor improvement has been so
officially adopted by the port commission. [1985 c 469 §
51; 1943 c 166 § 3; 1913 c 62 § 6; 1911 c 92 § 6; Rem.
Supp. 1943 § 9694.]
53.20.020 Improvement to follow plans adopted.
When such general plans shall have been adopted or approved, as aforesaid, every improvement to be made by said
commission shall be made substantially in accordance
therewith unless and until such general plans shall have been
officially changed by the port commission after a public
hearing thereon, of which at least ten days’ notice shall be
published in a newspaper in general circulation in such port
district. [1947 c 24 § 1; 1913 c 62 § 7; 1911 c 92 § 7;
Rem. Supp. 1947 § 9695.]
53.20.030 Improvements—Ownership of. No
improvements shall be acquired or constructed, by the port
district, unless such improvements shall, when completed, be
the property of such port district, the county in which such
port district is located, any city within such port district, the
state of Washington or the United States of America, and the
funds of such port district may be expended in the acquirement or construction of any harbor improvement embraced
in such general plan adopted as in this chapter provided in
conjunction with the county in which such port district is
located, any city in such port district, the state of Washington or the United States of America, or all or any of them.
[1979 ex.s. c 30 § 9; 1913 c 62 § 8; 1911 c 92 § 8; RRS §
9696.]
53.20.040 Fifty percent of cost of local improvement
may be paid from general fund. Whenever any improvement shall be ordered, payment for which shall be made in
part from assessments against property specially benefited,
not more than fifty percent of the cost thereof shall ever be
[Title 53 RCW—page 25]
53.20.040
Title 53 RCW: Port Districts
borne by the entire port district, nor shall any sum be
contributed by it to any improvement acquired or constructed
with or by any other body, exceed [exceeding] such amount,
unless a majority vote of the electors of the port district shall
consent to or ratify the making of such expenditure. [1911
c 92 § 11; RRS § 9698.]
53.20.050 Local improvements upon majority
petition. Whenever a petition signed by one hundred
freeholders in the district to be therein described, shall be
filed with the port commission, asking that any portion of
the general plan adopted be ordered, and defining the
boundaries of a local improvement district to be assessed in
whole or in part to pay the cost thereof, it shall be the duty
of the port commission to fix a date for hearing on the
petition, after which it may alter the boundaries of the
proposed district and prepare and adopt detail plans of any
such local improvement, declare the estimated cost thereof,
what proportion of the cost shall be borne by the proposed
local improvement district, and what proportion of the cost,
if any, but in any event not to exceed fifty percent, shall be
borne by the entire port district. At any time within two
years thereafter, upon petition of the owners of a majority of
the lands in the proposed local improvement district, fixed
by the port commission, as shown in the office of the auditor
of the county, asking that the improvement be ordered, the
port commission shall forthwith by resolution order the
improvement, provide the general funds of the port district
to be applied thereto, acquire all lands necessary therefor,
pay all damages caused thereby, and commence in the name
of the port district such eminent domain proceedings and
supplemental assessment or reassessment proceedings to pay
all eminent domain awards as may be necessary to entitle the
port district to proceed with such work, and shall thereafter
proceed with the work, and shall make and file with the
county treasurer its roll levying special assessments in the
amount to be paid by special assessment against the property
situated within the local improvement district in proportion
to the special benefits to be derived by the property in the
local improvement district from the improvement. Before
the approval of the roll a notice shall be published once a
week for two consecutive weeks in one or more newspapers
of general circulation in the local improvement district,
stating that the roll is on file and open to inspection in the
office of the clerk of the port commission, and fixing a time
not less than fifteen nor more than thirty days from the date
of the first publication of the notice within which protests
must be filed with the clerk of the port commission against
any assessments shown thereon, and fixing a time when a
hearing shall be held by the commission on the protests.
After the hearing the port commission may alter any and all
assessments shown on the roll and may then by resolution
approve the same, but in the event of any assessment being
raised a new notice similar to the first notice shall be given,
after which final approval of the roll may be made by the
port commission. Any person feeling aggrieved by any such
assessments shall perfect an appeal to the superior court of
the county within ten days after the approval in the manner
now provided by law for appeals from assessments levied by
cities of the first class in this state. Engineering and office
expenses in all cases shall be borne by the general district.
[Title 53 RCW—page 26]
[1985 c 469 § 52; 1911 c 92 § 10; RRS § 9697. Formerly
RCW 53.20.050 through 53.20.080.]
Appeal from assessments: RCW 35.44.200 through 35.44.270.
Special assessments for local improvement: State Constitution Art. 7 § 9.
Chapter 53.25
INDUSTRIAL DEVELOPMENT DISTRICTS—
MARGINAL LANDS
Sections
53.25.010
53.25.020
53.25.030
53.25.040
53.25.050
53.25.060
53.25.070
53.25.080
53.25.090
53.25.100
53.25.110
53.25.120
53.25.130
53.25.140
53.25.150
53.25.160
53.25.170
53.25.190
53.25.200
53.25.210
53.25.900
53.25.910
Marginal lands—Declaration of policies and purposes.
Marginal lands—Further declaration.
"Marginal lands" defined.
Industrial development districts authorized—Boundaries—
Deletion of land area.
Tax title lands may be conveyed to district.
Private lands may be conveyed to district—Cancellation of
taxes.
Discharge of trust.
When lands revert to county.
Conditions precedent to making improvements.
Powers as to industrial development districts.
Sale authorized in industrial development district.
Notice of hearing on sale—Hearing—Plans and specifications—Conditions—Devotion of property to public use.
Findings and determination—Record—Appeal.
Action on determination—Sale by competitive bid or negotiation.
Competitive bids—Conditions—Acceptance.
Devotion of property to intended use—Remedy—Restraint
on alienation.
Covenant running with the land—Forfeiture.
Eminent domain.
Advances of general fund moneys or credit.
Determination that land sought by eminent domain is marginal.
Repeal and saving.
Severability—1955 c 73.
53.25.010 Marginal lands—Declaration of policies
and purposes. It is hereby declared to be the public policy
of the legislature of the state of Washington, that it is in the
public interest to employ the power of eminent domain and
advance and expend public moneys for the purposes herein
contained, and to provide for means by which marginal area
properties may be developed or redeveloped in accordance
with the legislative policies hereinafter stated:
(1) A sound development of the economic security of
the peoples of the state of Washington is dependent upon
proper development and redevelopment of marginal properties, and the general welfare of the inhabitants of the port
districts in which they exist require the remedying of such
injurious conditions marginal properties are now subjected
to; and
(2) The development and redevelopment of such
marginal area properties cannot be accomplished by private
enterprise alone without public participation and assistance
in the acquisition of land and planning and in the financing
of land assembly in the work of clearance, development and
redevelopment, and in the making of improvements necessary therefor.
(3) To protect and promote sound development and
redevelopment of marginal lands as hereinafter defined, and
the general welfare of the inhabitants of the port districts in
which they exist, to remedying such injurious conditions
through the employment of all appropriate means.
(2002 Ed.)
Industrial Development Districts—Marginal Lands
53.25.010
(4) That whenever the development or redevelopment of
such marginal lands cannot be accomplished by private
enterprise alone, without public participation and assistance
in the acquisition of land and planning and in financing of
land assembly in the work of clearance, development and
redevelopment, and in the making of improvements necessary therefor, it is in the public interest to employ the power
of eminent domain, to advance and expend public moneys
for those purposes, and to provide for means by which such
marginal lands may be developed or redeveloped.
(5) That the development or redevelopment of such
marginal lands and the provision of appropriate continuing
land use constitute public uses and purposes for which public
moneys may be advanced or expended and private property
acquired, and are governmental functions and are of state
concern in the interest of health, safety and welfare of the
state of Washington, and of the communities in which such
areas exist.
(6) That the necessity in the public interest for the
provision of this chapter is declared to be a matter of
legislative determination. [1955 c 73 § 1.]
53.25.020 Marginal lands—Further declaration. It
is further found and declared that:
(1) The existence of such marginal lands characterized
by any or all of such conditions constitutes a serious and
growing menace which is condemned as injurious and
inimical to the public health, safety, and welfare of the
people of the communities in which they exist and of the
people of the state.
(2) Such marginal lands present difficulties and handicaps which are beyond remedy and control solely by
regulatory processes in the exercise of the police power.
(3) They contribute substantially and increasingly to the
problems of, and necessitate excessive and disproportionate
expenditures for, crime prevention, correction, prosecution
and punishment, the treatment of juvenile delinquency, the
preservation of the public health and safety, and the maintaining of adequate police, fire and accident protection and
other public services and facilities.
(4) This menace is becoming increasingly direct and
substantial in its significance and effect.
(5) The benefits which will result from the remedying
of such conditions and the redevelopment of such marginal
lands will accrue to all the inhabitants and property owners
of the communities in which they exist.
(6) Such conditions of marginal lands tend to further
obsolescence, deterioration, and disuse because of the lack
of incentive to the individual landowner and his inability to
improve, modernize, or rehabilitate his property while the
condition of the neighboring properties remains unchanged.
(7) As a consequence the process of deterioration of
such marginal lands frequently cannot be halted or corrected
except by redeveloping the entire area, or substantial portions
of it.
(8) Such conditions of marginal lands are chiefly found
in areas subdivided into small parcels, held in divided and
widely scattered ownerships, frequently under defective
titles, and in many such instances the private assembly of the
land areas for redevelopment is so difficult and costly that it
(2002 Ed.)
is uneconomic and as a practical matter impossible for
owners to undertake because of lack of the legal power and
excessive costs.
(9) The remedying of such conditions may require the
public acquisition at fair prices of adequate areas, the
redevelopment of the areas suffering from such conditions
under proper supervision, with appropriate planning, and
continuing land use.
(10) The development or redevelopment of land, or
both, acquired under the authority of this chapter constitute
a public use and are governmental functions, and that the
sale or leasing of such land after the same has been developed or redeveloped is merely incidental to the accomplishment of the real or fundamental purpose, that is, to remove
the condition which caused said property to be marginal
property as in this chapter defined. [1955 c 73 § 2.]
53.25.030 "Marginal lands" defined. "Marginal
lands" is defined and characterized by any one or more of
the following described conditions:
(1) An economic dislocation, deterioration, or disuse
resulting from faulty planning.
(2) The subdividing and sale of lots of irregular form
and shape and inadequate size for proper usefulness and
development.
(3) The laying out of lots in disregard of the contours
and other physical characteristics of the ground and surrounding conditions.
(4) The existence of inadequate streets, open spaces, and
utilities.
(5) The existence of lots or other areas which are
subject to being submerged by water.
(6) By a prevalence of depreciated values, impaired
investments, and social and economic maladjustment to such
an extent that the capacity to pay taxes is reduced and tax
receipts are inadequate for the cost of public services
rendered.
(7) In some parts of marginal lands, a growing or total
lack of proper utilization of areas, resulting in a stagnant and
unproductive condition of land potentially useful and
valuable for contributing to the public health, safety and
welfare.
(8) In other parts of marginal lands, a loss of population
and reduction of proper utilization of the area, resulting in its
further deterioration and added costs to the taxpayer for the
creation of new public facilities and services elsewhere.
(9) Property of an assessed valuation of insufficient
amount to permit the establishment of a local improvement
district for the construction and installation of streets, walks,
sewers, water and other utilities.
(10) Lands within an industrial area which are not
devoted to industrial use but which are necessary to industrial development within the industrial area. [1955 c 73 § 3.]
53.25.040 Industrial development districts authorized—Boundaries—Deletion of land area. (1) A port
commission may, after a public hearing thereon, of which at
least ten days’ notice shall be published in a newspaper of
general circulation in the port district, create industrial
development districts within the district and define the
[Title 53 RCW—page 27]
53.25.040
Title 53 RCW: Port Districts
boundaries thereof, if it finds that the creation of the
industrial development district is proper and desirable in
establishing and developing a system of harbor improvements and industrial development in the port district.
(2) The boundaries of an industrial development district
created by subsection (1) of this section may be revised from
time to time by resolution of the port commission, to delete
land area therefrom, if the land area to be deleted was
acquired by the port district with its own funds or by gift or
transfer other than pursuant to RCW 53.25.050 or 53.25.060.
As to any land area to be deleted under this subsection
that was acquired or improved by the port district with funds
obtained through RCW 53.36.100, the port district shall
deposit funds equal to the fair market value of the lands and
improvements into the fund for future use described in RCW
53.36.100 and such funds shall be thereafter subject to RCW
53.36.100. The fair market value of the land and improvements shall be determined as of the effective date of the port
commission action deleting the land from the industrial
development district and shall be determined by an average
of at least two independent appraisals by professionally
designated real estate appraisers as defined in RCW
74.46.020 or licensed real estate brokers. The funds shall be
deposited into the fund for future use described in RCW
53.36.100 within ninety days of the effective date of the port
commission action deleting the land area from the industrial
district. Land areas deleted from an industrial development
district under this subsection shall not be further subject to
the provisions of this chapter. This subsection shall apply to
presently existing and future industrial development districts.
Land areas deleted from an industrial development district
under this subsection that were included within such district
for less than two years, if the port district acquired the land
through condemnation or as a consequence of threatened
condemnation, shall be offered for sale, for cash, at the
appraised price, to the former owner of the property from
whom the district obtained title. Such offer shall be made
by certified or registered letter to the last known address of
the former owner. The letter shall include the appraised
price of the property and notice that the former owner must
respond in writing within thirty days or lose the right to
purchase. If this right to purchase is exercised, the sale shall
be closed by midnight of the sixtieth day, including nonbusiness days, following close of the thirty-day period. [1989 c
167 § 1; 1985 c 469 § 53; 1955 c 73 § 4. Prior: 1943 c
166 § 1; 1939 c 45 § 1; Rem. Supp. 1943 § 9709-1; RCW
53.24.010.]
53.25.050 Tax title lands may be conveyed to
district. Any lands in an industrial development district
acquired by the county by tax foreclosure, may, if the county
commissioners deem the lands chiefly valuable for industrial
development purposes, be conveyed to the port district. The
lands shall be held in trust by the port district and may be
managed, developed, leased, or sold by it as provided in this
chapter.
From the proceeds of the sale or lease of the lands, the
district shall first reimburse itself for any expense incurred
by it in managing and developing the lands and any balance
shall be paid to the county, which shall distribute it the same
[Title 53 RCW—page 28]
as general taxes collected in that year. [1955 c 73 § 5.
Prior: 1939 c 45 § 2; RRS § 9709-2; RCW 53.24.020.]
53.25.060 Private lands may be conveyed to district—Cancellation of taxes. With the approval of the
county commissioners, any lands in an industrial development district, owned privately, which the port commission
deems valuable for industrial development purposes, may be
deeded to and accepted by the port district, subject to
delinquent general taxes thereon. When the commission has
recorded the deed and notified the county commissioners
thereof, the county commissioners shall order all taxes
assessed against the lands canceled and the county treasurer
shall record the cancellation, and remove the lands from the
tax rolls. Thereafter the lands shall be held in trust, managed, developed, leased, and sold by the district, and the
proceeds therefrom disposed of in the same manner as
hereinabove provided. [1955 c 73 § 6. Prior: 1939 c 45 §
3; RRS § 9709-3; RCW 53.24.030.]
53.25.070 Discharge of trust. With the approval of
the county commissioners, a port district may free any lands
acquired by it pursuant to this chapter from the trust imposed
upon it herein, by paying to the county the amount of the
delinquent taxes against the land at the time the county acquired it by tax foreclosure, or the amount of the delinquent
taxes against it when it was conveyed to the district by the
private owner. [1955 c 73 § 7. Prior: 1939 c 45 § 4; RRS
§ 9709-4; RCW 53.24.040.]
53.25.080 When lands revert to county. Ten years
from the date of its acquisition, property acquired by a port
district pursuant to this chapter shall revert to the county to
be used the same as property acquired by tax foreclosure,
and upon demand by the county commissioners the port
commission shall convey the property to the county, unless
before the expiration of the ten year period, the port district
has adopted a comprehensive plan of harbor improvement
which provides for the improvement of an industrial development district which includes such lands or the district has
freed the land from the trust imposed upon it as provided in
this chapter. [1955 c 73 § 8. Prior: 1939 c 45 § 8; RRS §
9709-8; RCW 53.24.050.]
53.25.090 Conditions precedent to making improvements. No expenditure for improvement of property in an
industrial development district, other than the expense of
preparing and submitting a plan of improvement shall be
made by a port district, and no property shall be acquired by
it therefor except as provided for hereinbefore until it has
been made a part of the comprehensive scheme of harbor
improvements and industrial developments or amendments
thereto.
That said comprehensive scheme or amendments thereto
shall provide for the development or redevelopment of those
marginal lands acquired and a provision for the continuing
of the land uses which are hereby declared to constitute
public uses and the purposes for which public moneys may
be advanced and provide property acquired. [1955 c 73 § 9.
Prior: 1939 c 45 § 5; RRS § 9709-5; RCW 53.24.060.]
(2002 Ed.)
Industrial Development Districts—Marginal Lands
53.25.100 Powers as to industrial development
districts. All port districts wherein industrial development
districts have been established are authorized and empowered
to acquire by purchase or condemnation or both, all lands,
property and property rights necessary for the purpose of the
development and improvement of such industrial development district and to exercise the right of eminent domain in
the acquirement or damaging of all lands, property and
property rights and the levying and collecting of assessments
upon property for the payment of all damages and compensation in carrying out the provisions for which said industrial
development district has been created; to develop and
improve the lands within such industrial development district
to make the same suitable and available for industrial uses
and purposes; to dredge, bulkhead, fill, grade, and protect
such property; to provide, maintain, and operate water, light,
power and fire protection facilities and services, streets,
roads, bridges, highways, waterways, tracks, and rail and
water transfer and terminal facilities and other harbor and
industrial improvements; to execute leases of such lands or
property or any part thereof; to establish local improvement
districts within such industrial development districts which
may, but need not, be coextensive with the boundaries thereof, and to levy special assessments, under the mode of
annual installments, over a period not exceeding ten years,
on all property specially benefited by any local improvement,
on the basis of special benefits, to pay in whole or in part
the damages or costs of any improvement ordered in such
local improvement district; to issue local improvement bonds
in any such local improvement district; to be repaid by the
collection of local improvement assessments; and generally
to exercise with respect to and within such industrial
development districts all the powers now or hereafter
conferred by law upon port districts in counties with a
population of one hundred twenty-five thousand or more:
PROVIDED, That the exercise of powers hereby authorized
and granted shall be in the manner now and hereafter provided by the laws of the state for the exercise of such
powers by port districts under the general laws relating
thereto insofar as the same shall not be inconsistent with this
chapter. [1991 c 363 § 132; 1955 c 73 § 10. Prior: 1939
c 45 § 6; RRS § 9709-6; RCW 53.24.070.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Eminent domain: State Constitution Art. 1 § 16 (Amendment 9); Title 8
RCW.
53.25.110 Sale authorized in industrial development
district. When a port commission deems it for the best
interests of the district and the people thereof and in furtherance of its general plan of harbor improvement, or
industrial development, or both, it may sell and convey any
property or part thereof owned by it within an industrial
district. This section shall not be limited by chapter 53.08
RCW, pertaining to powers of port districts. [1955 c 73 §
11. Prior: 1939 c 45 § 9; RRS § 9709-9; RCW 53.28.010.]
Harbor improvement plan: RCW 53.20.010.
53.25.120 Notice of hearing on sale—Hearing—
Plans and specifications—Conditions—Devotion of
property to public use. The port commission shall give
(2002 Ed.)
53.25.100
notice of the proposed sale by publication in a newspaper of
general circulation in the county, and by posting in three
public places in the port district at least ten days before the
date fixed for the hearing thereon.
The notice shall describe the property to be sold and
state that at the time and place specified therein, the commission will meet at its usual meeting place, designating it,
to hear and determine the advisability of the sale.
The hearing shall be held not more than twenty days
from the publication of notice. At the hearing the commission shall hear the reasons of any taxpayer in the port
district, for or against the sale.
No sales shall be made, however, of the property of any
industrial development district until the purchaser thereof
shall have submitted to the port commission plans and
specifications for the development of the property, and the
plans and specifications shall be approved in writing before
the property shall be conveyed, and the conditions upon
which the properties are conveyed shall be set forth in the
instrument conveying title thereof with the further condition
that all of the conditions set forth shall be covenants running
with the land. All properties acquired in the manner herein
set forth shall be devoted to the public use herein provided
for. [1985 c 469 § 54; 1963 c 138 § 1; 1955 c 73 § 12.
Prior: 1939 c 45 § 10; RRS § 9709-10; RCW 53.28.020.]
Validating—1963 c 138: "All sales made prior to the effective date
of this amendatory act which are otherwise valid except for compliance with
the limitation in section 12, chapter 73, Laws of 1955, which provided that
the hearing shall be held not more than ten days from the publication of
notice, are hereby ratified and validated.
All sales made prior to the effective date of this amendatory act under
the provisions of section 18, chapter 73, Laws of 1955 and RCW 53.25.180
are hereby ratified and validated." [1963 c 138 § 3.]
53.25.130 Findings and determination—Record—
Appeal. Within three days after the hearing the commission
shall make its findings and determination on the advisability
of making the sale and enter its determination in its records.
Any aggrieved party may appeal the determination of the
commission by filing appeal with the superior court of the
county in which the district is located within twenty days of
the entry of the determination but no appeal shall be allowed
except on the grounds that the action of the commission was
arbitrary, capricious, or unlawful. [1955 c 73 § 13. Prior:
1939 c 45 § 11; RRS § 9709-11; RCW 53.28.030.]
53.25.140 Action on determination—Sale by
competitive bid or negotiation. If the determination is
against the sale, all proceedings thereon shall terminate. If
the commission determines in favor of the sale by at least a
two-thirds vote of the full commission, it shall in its discretion, either enter an order fixing a period, not less than
twenty nor more than thirty days from the date of the order,
during which bids will be received for the property or any
part thereof, and give notice thereof in the same manner as
for the hearing on the proposal to sell or negotiate the sale
with an appropriate purchaser, provided that in any such
negotiated sale the purchase price must not be less than the
fair market value of the property which shall be determined
by an average of at least two independent appraisals performed by licensed real estate brokers or professionally
designated real estate appraisers as defined in RCW
[Title 53 RCW—page 29]
53.25.140
Title 53 RCW: Port Districts
74.46.020. Whether the property is sold by competitive
bidding or negotiation, other real property conveyed by the
purchaser to the commission may constitute all or a portion
of the consideration for the sale. [1984 c 195 § 1; 1955 c
73 § 14. Prior: 1939 c 45 § 12; RRS § 9709-12; RCW
53.28.040.]
53.25.150 Competitive bids—Conditions—
Acceptance. If the commission chooses to sell the property
through competitive bidding under RCW 53.25.140:
(1) Bids may be submitted for the property or any part
of it, shall state the use which the bidder intends to make of
it, and the commission may require the successful bidder to
file additional information as to the intended use, and may
require of him security as assurance that the property will be
used for that purpose;
(2) All sales shall be made to the best bidder, and in
determining the best bid, the commission may also consider
the nature of the proposed use and the relation thereof to the
improvement of the harbor and the business and facilities
thereof;
(3) Within thirty days after the last day for submitting
bids, the commission shall decide which if any bids it
accepts. All sales shall be made upon such terms and
conditions as the commission may prescribe. [1984 c 195 §
2; 1955 c 73 § 15. Prior: 1939 c 45 § 13, part; RRS §
9709-13, part; RCW 53.28.050.]
53.25.160 Devotion of property to intended use—
Remedy—Restraint on alienation. The purchaser shall,
within one year from the date of purchase, devote the
property to its intended use, or shall commence work on the
improvements thereon to devote it to such use, and if he
fails to do so, the port commission may cancel the sale and
return the money paid on the purchase price, and title to the
property shall revert to the district. This remedy shall be in
addition to any other remedy under the terms of the sale.
No purchaser shall transfer title to such property within one
year from the date of purchase. [1955 c 73 § 16. Prior:
1939 c 45 § 13, part; RRS § 9709-13, part; RCW
53.28.060.]
53.25.170 Covenant running with the land—
Forfeiture. All sales made in accordance with the provisions of this chapter shall have incorporated in the instrument of conveyance of title the conditions of this chapter
relating to the use of the land as a covenant running with the
land. Any violation of such covenant shall result in a right
by the commission, as grantee, to forfeit the land. [1955 c
73 § 17.]
53.25.190 Eminent domain. All port districts of the
state of Washington which have created or may hereafter
create industrial development districts in the manner provided by law, in addition to all powers possessed by such port
districts, be and are hereby granted power of eminent
domain to acquire real property within the limits of such
industrial development district which property is marginal
lands as the term is herein defined. The exercise of the
power granted in this section shall be exercised in the same
manner and by the same procedure as in or may be provided
[Title 53 RCW—page 30]
by law for cities of the first class except insofar as such
duties may be inconsistent with the provisions of this chapter
and the duties devolving upon the city treasurer under said
law be and the same are hereby imposed upon the county
treasurer for the purposes of this chapter. [1955 c 73 § 19.]
Eminent domain: State Constitution Art. 1 § 16 (Amendment 9).
Eminent domain by cities: Chapter 8.12 RCW.
53.25.200 Advances of general fund moneys or
credit. Port districts are hereby granted the power to
advance their general fund moneys or credit, or both, without
interest to accomplish the objects and purposes of this
chapter, which fund shall be repaid from the sale or lease, or
both, of such developed or redeveloped lands, provided, if
the money advanced for such development or redevelopment
was obtained from the sale of general obligation bonds of
the port, then such advances shall bear the same rate of
interest that said bonds bore. [1955 c 73 § 20.]
53.25.210 Determination that land sought by
eminent domain is marginal. The determination that
property sought by eminent domain proceedings is marginal
lands as herein defined is a judicial question, provided that
a duly adopted resolution of the commissioners of the port
district that the property sought is marginal lands as the term
is herein defined, setting forth the characteristics of the lands
sought to be acquired which constitutes the marginal lands
as herein defined, shall be prima facie evidence that such
land is marginal lands as defined in this chapter. [1955 c 73
§ 21.]
53.25.900 Repeal and saving. Chapter 53.24 RCW
and chapter 53.28 RCW and chapter 45, Laws of 1939, as
last amended by section 1, chapter 166, Laws of 1943 are
repealed: PROVIDED, That nothing herein contained shall
be construed as affecting any existing right acquired under
the provisions of said act. [1955 c 73 § 22.]
53.25.910 Severability—1955 c 73. Should any
section or provision of this chapter be held invalid by any
court of competent jurisdiction, the same shall not affect the
validity of the chapter as a whole or any part thereof other
than the portion held to be invalid. [1955 c 73 § 23.]
Chapter 53.29
TRADE CENTER ACT
Sections
53.29.010
53.29.015
53.29.020
53.29.030
53.29.900
53.29.910
Declaration of purpose.
Definitions.
Power to establish trade centers—Facilities authorized.
Cooperation with other entities—Annual service fee for
support of local government.
Short title—Liberal construction—Powers cumulative.
Severability—1967 c 56.
53.29.010 Declaration of purpose. It is declared to
be the finding of the legislature of the state of Washington
that:
(1) The servicing functions and activities connected with
the oceanborne and overseas airborne trade and commerce of
(2002 Ed.)
Trade Center Act
port districts, including customs clearance, shipping negotiations, cargo routing, freight forwarding, financing, insurance
arrangements and other similar transactions which are
presently performed in various, scattered physical and
electronic locations in the districts should be centralized to
provide for more efficient and economical transportation of
persons and more efficient and economical physical or
electronic facilities and services for the exchange and
buying, selling and transportation of commodities and other
property in world trade and commerce;
(2) Unification, at a single, centrally located physical or
electronic site of a facility of commerce, i.e., a trade center,
accommodating the functions and activities described in
subsection (1) of this section and the appropriate governmental, administrative and other services connected with or
incidental to transportation and security of persons and
property and the promotion and protection of port commerce,
and providing a central locale for exhibiting, and otherwise
promoting the exchange and buying and selling of commodities and property in world trade and commerce, will materially assist in preserving the material and other benefits of a
prosperous port community;
(3) The undertaking of the aforesaid unified trade center
project by a port district or the Washington public ports
association has the single object of preserving, and will aid
in the promotion, security, and preservation of, the economic
well-being of port districts and the state of Washington and
is found and determined to be a public purpose. [2002 c
145 § 1; 1989 c 425 § 5; 1967 c 56 § 1.]
Findings—Severability—1989 c 425: See notes following RCW
53.06.070.
53.29.015 Definitions. The definitions in this section
apply throughout RCW 53.29.020 and 53.29.030 unless the
context clearly requires otherwise.
(1) "Person" has the same meaning as defined in the
electronic signatures in global and national commerce act (15
U.S.C. Sec. 7006 (8)) in effect on June 13, 2002.
(2) "Transaction" has the same meaning as defined in
the electronic signatures in global and national commerce act
(15 U.S.C. Sec. 7006 (13)) in effect on June 13, 2002.
However, "transaction" also includes actions relating to governmental affairs. [2002 c 145 § 4.]
53.29.020 Power to establish trade centers—
Facilities authorized. In addition to all other powers
granted to port districts, any such district, the Washington
public ports association, or the federation of Washington
ports as described in RCW 53.06.070 may acquire, as
provided for other port properties in RCW 53.08.010, construct, develop, operate and maintain all land or other
property interests, buildings, structures or other improvements, and may participate in transactions necessary to
provide, electronically or otherwise, facilities or to exercise
powers or purposes of a trade center including but not
limited to the following electronic or physical facilities:
(1) A facility consisting of one or more structures,
improvements and areas for the centralized accommodation
of public and private agencies, persons and facilities in order
to afford improved service to waterborne and airborne import
and export trade and commerce;
(2002 Ed.)
53.29.010
(2) Facilities for the promotion of such import and
export trade and commerce, inspection, testing, display and
appraisal facilities, foreign trade zones, terminal and transportation facilities, office meeting rooms, auditoriums,
libraries, language translation services, storage, warehouse,
marketing and exhibition facilities, facilities for federal,
state, county and other municipal and governmental agencies
providing services relating to the foregoing and including,
but not being limited to, customs houses and customs stores,
and other incidental facilities and accommodations. [2002 c
145 § 2; 1989 c 425 § 6; 1967 c 56 § 2.]
Findings—Severability—1989 c 425: See notes following RCW
53.06.070.
53.29.030 Cooperation with other entities—Annual
service fee for support of local government. (1) In
carrying out the powers authorized by this chapter and
chapter 53.06 RCW, port districts and the Washington public
ports association are authorized to cooperate, act, and invest
jointly with other public and private agencies and persons,
including, but not limited to, the federal government, the
state, other ports and municipal corporations, other states and
their political subdivisions, and private nonprofit trade
promotion groups and associate development organizations.
(2) Port districts operating trade center buildings or
operating association or federation trade centers, shall pay an
annual service fee to the county treasurer wherein the center
is located for municipal services rendered to the trade center
building. The measure of such service fee shall be equal to
three percent of the gross rentals received from the nongovernmental tenants of such trade center building. Such
proceeds shall be distributed by the county treasurer as
follows: Forty percent to the school district, forty percent to
the city, and twenty percent to the county wherein the center
is located: PROVIDED, That if the center is located in an
unincorporated area, twenty percent shall be allocated to the
fire district, forty percent to the school district, and forty
percent to the county. [2002 c 145 § 3; 1989 c 425 § 7;
1967 c 56 § 3.]
Findings—Severability—1989 c 425: See notes following RCW
53.06.070.
53.29.900 Short title—Liberal construction—Powers
cumulative. This chapter, which may be known and cited
as the "Trade Center Act", shall be liberally construed, its
purpose being to provide port districts, and their related
association and federation, with additional powers to provide
trade centers and to promote and encourage trade, tourism,
travel, and economic development in a coordinated and
efficient manner through the ports of the state of Washington. The powers herein granted shall be in addition to all
others granted to port districts. [1989 c 425 § 8; 1967 c 56
§ 4.]
Findings—Severability—1989 c 425: See notes following RCW
53.06.070.
53.29.910 Severability—1967 c 56. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons and circumstances is not affected. [1967 c 56 § 5.]
[Title 53 RCW—page 31]
Chapter 53.31
Title 53 RCW: Port Districts
Chapter 53.31
EXPORT TRADING COMPANIES
Sections
53.31.010
53.31.020
53.31.030
53.31.040
53.31.050
53.31.060
53.31.901
Legislative findings—Intent.
Definitions.
Export trading companies—Authorized—Adoption of business plan.
Export trading companies—Powers—Formation—
Dissolution.
Confidentiality of records supplied by private persons.
Certificate of review under federal export trading company
act—Authorized.
Severability—1986 c 276.
53.31.010 Legislative findings—Intent. It is declared
to be the public policy of the state to promote and preserve
the economic well-being of the citizens of this state by
creating opportunities for expanded participation in international trade by state businesses and expanding international
trade through state ports. Increased international trade of
state products creates and retains jobs, increases the state’s
tax base, and diversifies the state’s economy. Port districts,
through economies of scale, are uniquely situated to promote
and expand international trade and provide greater opportunities for state businesses to participate in international trade.
The legislature finds that significant public benefit, in
the form of increased employment and tax revenues, can be
realized through export trading companies without lending
the credit of port districts, and without capital investment of
public funds by port districts. The legislature finds that the
use of port district funds to promote and establish export
trading companies under this chapter constitutes trade
promotion and industrial development within the meaning of
Article VIII, section 8 of the state Constitution.
It is the purpose of this chapter: (1) To stimulate
greater participation by private businesses in international
trade; (2) to authorize port districts to promote and facilitate
international trade more actively; (3) to make export services
more widely available; (4) to generate revenue for port districts; and (5) to develop markets for Washington state goods
and services. Port sponsored export trading companies can
also assist small to medium-sized companies in achieving
economies of scale in order to expand into the export
market.
It is the intent of this chapter to enhance export trade
and not to create outside competition for existing Washington state businesses. The primary intent of a port sponsored
export trading company is to increase exports of Washington
state products.
This chapter shall not be construed as modifying or
restricting any other powers granted to port districts by law.
The legislature does not intend by the enactment of this
chapter for port districts to use export trading companies to
create unfair competition with private business. [1986 c 276
§ 1.]
53.31.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Port district" means any port district other than a
county-wide port district in a county with a population of
[Title 53 RCW—page 32]
two hundred ten thousand or more, established under Title
53 RCW.
(2) "Export services" means the following services when
provided in order to facilitate the export of goods or services
through Washington ports: International market research,
promotion, consulting, marketing, legal assistance, trade
documentation, communication and processing of foreign
orders to and for exporters and foreign purchasers, financing,
and contracting or arranging for transportation, insurance,
warehousing, foreign exchange, and freight forwarding.
(3) "Export trading company" means an entity created
by a port district under RCW 53.31.040.
(4) "Obligations" means bonds, notes, securities, or
other obligations or evidences of indebtedness.
(5) "Person" means any natural person, firm, partnership, association, private or public corporation, or governmental entity. [1991 c 363 § 133; 1986 c 276 § 2.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
53.31.030 Export trading companies—Authorized—
Adoption of business plan. (1) Public port districts, formed
under chapter 53.04 RCW are authorized to establish export
trading companies and a company so formed may contract
with other public ports, financial institutions, freight forwarders, and public or private concerns within or outside the state
to carry out the purposes of this chapter. A port district may
participate financially in only one export trading company.
(2) A port district proposing to establish an export
trading company shall adopt a business plan with safeguards
and limitations to ensure that any private benefit to be
realized from the use of funds of the export trading company
are incidental to the purposes of this chapter. The business
plan shall be adopted only after public hearing and shall be
reviewed at least once every two years. Amendments to the
plan shall be adopted only after public hearing. The business plan shall include:
(a) A description of export promotion activities to be
conducted during the period of the plan;
(b) A proposed budget of operations which shall include
an itemized list of estimated revenues and expenditures;
(c) A description of the safeguards and limitations
which ensure that the export trading company will best be
used to enhance international trade and produce public
benefit in the form of employment, capital investment, and
tax revenues;
(d) A description of private competitors which may be
capable of providing the functions in the business plan; and
(e) Such other matters as may be determined by the port
district.
(3) A port district, for the purpose of establishing or
promoting an export trading company under this chapter,
may provide financial assistance to the export trading
company. A port district may not provide such assistance or
services for more than five years or in an amount greater
than five hundred thousand dollars. [1986 c 276 § 3.]
53.31.040 Export trading companies—Powers—
Formation—Dissolution. (1) For the purpose of promoting
international trade, export trading companies formed under
this chapter may provide export services through:
(2002 Ed.)
Export Trading Companies
(a) Holding and disposing of goods in international
trade;
(b) Taking title to goods.
All such activities engaged in or pursued by an export
trading company shall be charged for in accordance with the
customs of the trade at competitive market rates.
(2) Nothing contained in this chapter may be construed
to authorize an export trading company to own or operate
directly or indirectly any business which provides freightforwarding, insurance, foreign exchange, or warehousing
services. Nothing contained in this chapter may be construed to permit an export trading company to engage in the
business of transporting commodities by motor vehicle,
barge, ship, or rail for compensation.
(3)(a) Proceedings to form a public corporation designated as an export trading company shall be initiated by a
resolution of the board of commissioners of a port district
adopting a charter for the corporation. The charter shall
contain such provisions as are authorized by law and include
provisions for a board of directors which shall conduct the
affairs of the export trading company. The board of directors shall include no fewer than three nor more than five
members, all appointed by the port district board of commissioners. Commissioners of the port shall be eligible to serve
as members of the board and shall constitute a majority of
the board of directors at all times. Unless a later date is
specified, the resolution shall take effect on the thirtieth day
after adoption. The corporation shall be deemed formed for
all purposes upon filing in the office of the secretary of state
a certified copy of the effective resolution and the charter
adopted by the resolution.
(b) In any suit, action, or proceeding involving the
validity or enforcement of or relating to any contract of the
corporation, the corporation is conclusively presumed to be
established and authorized to transact business and exercise
its powers under this chapter upon proof of the adoption of
the resolution creating the corporation by the governing
body. A copy of the resolution duly certified by the secretary of the port district commission shall be admissible in
evidence in any suit, action, or proceeding.
(c) A corporation created by a port district pursuant to
this chapter may be dissolved by the district if the corporation (i) has no property to administer, other than funds or
property, if any, to be paid or transferred to the district by
which it was established; and (ii) all its outstanding obligations have been satisfied. Such a dissolution shall be
accomplished by the governing body of the port district
adopting a resolution providing for the dissolution.
(d) The creating port district may, at its discretion and
at any time, alter or change the structure, organizational
programs, or activities of the corporation, including termination of the corporation if contracts entered into by the
corporation are not impaired. Subject to any contractual
obligations, any net earnings of the corporation shall inure
only to the benefit of the creating port district. Upon
dissolution of the corporation, all assets and title to all
property owned by the corporation shall vest in the creating
port district.
(4) A port district may contract with an export trading
company to provide services on a reimbursement basis at
current business rates to the export trading company,
including but not limited to accounting, legal, clerical, tech(2002 Ed.)
53.31.040
nical, and other administrative services. Separate accounting
records prepared according to generally accepted accounting
principles shall be maintained by the export trading company.
(5) Any obligation of an export trading company shall
not in any manner be an obligation of the port district nor a
charge upon any revenues or property of the port district.
(6) An export trading company may borrow money or
contract indebtedness and pledge, in whole or in part, any of
its revenues or assets not subject to prior liens or pledges.
An export trading company may not pledge any revenue or
property of a port district or other municipal corporation and
no port district or other municipal corporation may pledge its
revenues or property to the payment thereof. An export
trading company has no power to issue general obligation
bonds, levy taxes, or exercise power of eminent domain.
[1989 c 11 § 23; 1986 c 276 § 4.]
Severability—1989 c 11: See note following RCW 9A.56.220.
53.31.050 Confidentiality of records supplied by
private persons. All financial and commercial information
and records supplied by private persons to an export trading
company with respect to export projects shall be kept
confidential unless such confidentiality shall be waived by
the party supplying the information or by all parties engaged
in the discussion. [1986 c 276 § 5.]
53.31.060 Certificate of review under federal export
trading company act—Authorized. An export trading
company may apply for and hold a certificate of review provided for under 15 U.S.C. Secs. 4001 through 4021, the
federal export trading company act of 1982. [1986 c 276 §
6.]
53.31.901 Severability—1986 c 276. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1986 c 276 § 11.]
Chapter 53.34
TOLL FACILITIES
Sections
53.34.010
53.34.020
53.34.030
53.34.040
53.34.050
53.34.060
53.34.070
53.34.080
53.34.090
53.34.100
53.34.110
53.34.120
53.34.130
53.34.140
53.34.150
Toll bridges, tunnels authorized—Highway approaches.
Contracts for use of projects—Regulations—Controversies.
Revenue bonds and notes—Authorized—Purposes—Sale,
maturity, cost.
Revenue bonds and notes—Resolution—Security—Form,
interest, payment, etc.
Covenants to safeguard and secure bonds and notes.
Notes.
Bonds and notes payable solely from revenues, etc.—
Adequate rates and charges to be established.
Special funds and accounts—Disposition.
Pledge of moneys, when binding—When lien attaches.
No personal liability on bonds or notes.
District may purchase bonds or notes.
State not to limit or alter rights of district or impair rights or
remedies of bond or note holders.
Bonds, notes, obligations not state or district debt—No ad
valorem taxes.
Registration of bonds and notes—Prima facie validity.
Bonds and notes as legal investment and security.
[Title 53 RCW—page 33]
Chapter 53.34
53.34.160
53.34.170
53.34.180
53.34.190
53.34.200
53.34.220
53.34.900
53.34.910
Title 53 RCW: Port Districts
Projects declared public benefit and governmental function—Covenant by state with bond and note holders—
Tax exemption.
District’s power to acquire property, rights, etc.—Gifts—
Condemnation—Contracts by public agencies authorized.
Public agencies authorized to contract with district for contribution of money, property, services, etc.
Bylaws, rules for management, uses, charges—Penalty for
violation.
Actions for damages, injuries, death—Allegation in complaint of presentment of claim.
Chapter supplemental to other laws—Liberal construction.
Severability—1959 c 236.
Chapter controls inconsistent acts.
53.34.010 Toll bridges, tunnels authorized—
Highway approaches. In addition to all other powers
granted to port districts, any such district may, with the
consent of the department of transportation, acquire by
condemnation, purchase, lease, or gift, and may construct,
reconstruct, maintain, operate, furnish, equip, improve,
better, add to, extend, and lease to others in whole or in part
and sell in whole or in part any one or more of the following
port projects, within or without or partially within and
partially without the corporate limits of the district whenever
the commission of the district determines that any one or
more of such projects are necessary for or convenient to the
movement of commercial freight and passenger traffic a part
of which traffic moves to, from, or through the territory of
the district:
(1) Toll bridges;
(2) Tunnels under or upon the beds of any river, stream,
or other body of water, or through mountain ranges.
In connection with the acquisition or construction of any
one or more of such projects the port districts may, with the
consent of the state department of transportation, further
acquire or construct, maintain, operate, or improve limited or
unlimited access highway approaches of such length as the
commission of such district deems advisable to provide
means of interconnection of the facilities with public
highways and of ingress and egress to any such project,
including plazas and toll booths, and to construct and
maintain under, along, over, or across any such project
telephone, telegraph, or electric transmission wires and
cables, fuel lines, gas transmission lines or mains, water
transmission lines or mains, and other mechanical equipment
not inconsistent with the appropriate use of the project, all
for the purpose of obtaining revenues for the payment of the
cost of the project. [1984 c 7 § 365; 1959 c 236 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
53.34.020 Contracts for use of projects—
Regulations—Controversies. The district shall have the
power to enter into a contract or contracts for the use of said
projects, their approaches and equipment and from time to
time to amend such contracts, with persons and with private
and public corporations, and by said contracts to give such
persons or corporations the right to use said projects, their
approaches and equipment for the transmission of power for
telephone and telegraph lines, for the transportation of water,
gas, petroleum, and other products, for railroad and railway
purposes, and for any other purpose to which the same may
be adapted: PROVIDED, That no such contract shall be for
[Title 53 RCW—page 34]
a period longer than ninety-nine years, and that the projects
shall be put to the largest possible number of uses consistent
with the purposes for which such projects are constructed.
In making such contract or contracts and providing for
payments and rentals thereunder the port district shall
determine the value of the separate and different uses to
which the projects are to be put and shall apportion the
annual rentals and charges as nearly as possible according to
the respective values of such uses. No such contract shall be
made with any person or corporation unless and until such
person or corporation shall bind himself or itself to pay as
rental therefor an amount determined by the port district and
specified in the contract which shall be a fair and just
proportion of the total amount required to pay interest on the
bonds provided for in this chapter, plus a just proportion of
the amount necessary for their retirement, and plus the cost
of maintenance of the projects, their approaches and equipment.
The port district may require any of such contracts to be
entered into before beginning the construction of said
projects or before the expenditure of funds under the
provisions of this chapter if in its judgment it is deemed
expedient.
There shall be no monopoly of the use of said projects,
and their approaches by any one use, or by any person or
corporation, private or public, in respect to the several uses,
and the port district may continue to make separate, additional, and supplemental contracts for one or more uses until
in the judgment of said port district the capacity of the
projects and approaches for any such use has been reached.
When such capacity has been reached contracts for the use
of said projects shall be given preference in regard to such
uses according to the public interest as determined by the
port district, and subsequent contracts shall be subject to all
existing and prior contracts. The port district shall have the
power to prescribe regulations for the use of such facilities
by the parties to contracts for such use, or any of them, and
to hear and determine all controversies which may arise
between such parties, under such rules as the port district
may from time to time promulgate; and all contracts shall
expressly reserve such power to the port district. [1959 c
236 § 2.]
53.34.030 Revenue bonds and notes—Authorized—
Purposes—Sale, maturity, cost. Whenever any port district
shall determine to acquire or construct any one or more projects authorized under the provisions of this chapter, the
commission of such district shall have the power and is
authorized to issue negotiable revenue bonds and notes from
time to time in one or more series or installments in such
principal amount as, in the opinion of the commission, shall
be necessary to provide sufficient money for the acquisition,
construction, reconstruction, extension or improvement
thereof as set forth in RCW 53.34.010, including engineering, inspection, legal and financial fees and costs, working
capital, interest on such bonds and notes during construction
and for a reasonable period thereafter, establishment of
reserves to secure such bonds and notes and all other
expenditures of such district incidental, necessary or convenient to the establishment of such projects on a sound
financial basis, and to issue negotiable revenue bonds and
(2002 Ed.)
Toll Facilities
notes for the purpose of renewing or refunding such outstanding bonds and notes in whole or in part at or prior to
maturity. All such revenue bonds or notes shall be negotiable instruments within the meaning and purposes of the
negotiable instruments law and shall be sold by the commission in such manner and for such price as the commission
deems for the best interests of the district: PROVIDED,
That the bonds and warrants may be in any form, including
bearer bonds or bearer notes, or registered bonds or registered notes as provided in RCW 39.46.030. The commission
may provide in any contract for the construction or acquisition of all or any part of a project or projects or for the
additions or betterments thereto or extensions or improvements thereof that payment therefor shall be made only in
such revenue bonds or notes. Any revenue bonds issued
under the authority of chapter 236, Laws of 1959 shall have
a final maturity not to exceed forty years from date of issue.
[1983 c 167 § 133; 1970 ex.s. c 56 § 69; 1969 ex.s. c 232
§ 79; 1959 c 236 § 3.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
53.34.040 Revenue bonds and notes—Resolution—
Security—Form, interest, payment, etc. (1) Revenue
bonds and notes may be issued by one or more resolutions
and may be secured by trust agreement by and between the
district and one or more corporate trustees, depositories, or
fiscal agents, which may be any trust company or state or
national bank having powers of a trust company within or
without the state of Washington. Such bonds or notes shall
bear such date or dates, mature at such time or times, bear
interest at such rate or rates, be in such denominations, be in
such form either coupon or registered as provided in RCW
39.46.030, carry such registration privileges, be executed in
such manner, be payable in such medium of payment at such
place or places within or without the state of Washington,
and be subject to such terms of redemption and at such
redemption premiums as such resolution, resolutions, or trust
agreements may provide. No proceedings for the issuance
of such bonds or notes shall be required other than those
required by the provisions of this chapter, and none of the
provisions of any other laws relative to the terms and
conditions for the issuance, payment, redemption, registration, sale or delivery of bonds of public bodies, corporation,
or political subdivisions of this state shall be applicable to
bonds or notes issued by port districts pursuant to this
chapter.
(2) Notwithstanding subsection (1) of this section, such
bonds and notes may be issued and sold in accordance with
chapter 39.46 RCW. [1983 c 167 § 134; 1970 ex.s. c 56 §
70; 1969 ex.s. c 232 § 80; 1959 c 236 § 4.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
53.34.030
authorizing the issuance of any bonds or notes of a port
district may contain covenants and agreements on the part of
the district to protect and safeguard the security and payment
of such bonds or notes, which shall be a part of the contract
with the owners of such obligations thereby authorized as to:
(1) Pledging all or any part of the revenues, income,
receipts, profits and other moneys derived by the district
issuing such obligations from the ownership, operation,
management, lease, or sale of any one or more of the
projects constructed from the proceeds thereof to secure the
payment of bonds or notes;
(2) The establishment and collection of rates, rentals,
tolls, charges, license, and other fees to be charged by the
district and the amounts to be raised in each year for the
services and commodities sold, leased, furnished, or supplied
by any one or more of the projects established from the
proceeds of such obligations, and the deposit, use, and
disposition of the revenues of the district received therefrom;
(3) The setting aside of reserves or sinking funds for
such obligations, and the deposit, investment, and disposition
thereof;
(4) Limitations on the purpose or purposes to which the
proceeds of sale of any issue of bonds or notes then or
thereafter issued payable from the revenues of any such
project or projects may be applied, and pledging such
proceeds to secure the payment of such bonds or notes;
(5) Limitations on the issuance of additional revenue
bonds or notes of the district, the terms and conditions upon
which such additional revenue bonds or notes may be issued
and secured, and the refunding of outstanding or other bonds
or notes;
(6) The procedure, if any, by which the terms of any
contract with bond owners may be amended or abrogated,
the amount of bonds or notes the owners of which must
consent thereto, and the manner in which such consent may
be given;
(7) Limitations on the amount of moneys derived from
any project or projects to be expended for operating,
administrative or other expenses of the district in connection
with any such project or projects;
(8) The employment of independent auditors and
engineers or other technical consultants to advise and assist
the district in the operation, management, and improvement
of any project or projects;
(9) Limitations or prohibitions on rendering free service
in connection with any project or projects;
(10) Specifying conditions constituting events of default
and vesting in one or more trustees including trustees which
may be appointed by the bond owners and note owners, such
special rights, property rights, powers, and duties with
respect to the property and revenues of any project or
projects as the commission of the district may deem advisable the better to secure the payment of such bonds and
notes;
(11) Prescribing conditions controlling the acquisition,
sale, lease, or other disposition of real and personal property
used or useful in connection with any project or projects, the
amount and kinds of policies of insurance to be carried by
the district in connection therewith, and the use and disposition of the proceeds of policies of insurance; and
53.34.050 Covenants to safeguard and secure bonds
and notes. Any resolution, resolutions, or trust agreements
(2002 Ed.)
[Title 53 RCW—page 35]
53.34.050
Title 53 RCW: Port Districts
(12) Any other matters of like or different character
which in any way affect the security or protection of bonds
or notes of the district. [1983 c 167 § 135; 1959 c 236 § 5.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
53.34.060 Notes. A district shall have power from
time to time to issue bond anticipation revenue notes (herein
referred to as notes), and from time to time to issue renewal
notes, such notes in any case to mature not later than six
years from the date of incurring the indebtedness represented
thereby in an amount not exceeding in the aggregate at any
time outstanding the amount of revenue bonds then or
theretofore authorized but not issued. Payment of such notes
shall be made from any moneys or revenue which the district
may have available for such purpose or the proceeds of the
sale of revenue bonds of the district, or such notes may be
exchanged for a like amount of such revenue bonds bearing
the same or a lower or higher rate of interest than that borne
by such notes.
All notes may be issued and sold in the same manner as
revenue bonds. Any district shall have power to make
contracts for the future sale from time to time of notes on
terms and conditions stated in such contracts, and the district
shall have power to pay such consideration as it shall deem
proper for any commitments to purchase notes in the future.
Such notes may also be collaterally secured by pledges and
deposits with a bank or trust company, in trust for the
payment of said notes, of revenue bonds in an aggregate
amount at least equal to the amount of such notes and, in
any event, in amount deemed by the district sufficient to
provide for the payment of the notes in full at the maturity
thereof. The district may provide in such collateral agreement that the notes may be exchanged for revenue bonds
held as collateral security for the notes, or that the trustee
may sell the revenue bonds if the notes are not otherwise
paid at maturity and apply the proceeds of such sale to the
payment of the notes. Such notes shall bear interest at a rate
or rates as authorized by the port commission. [1970 ex.s.
c 56 § 71; 1969 ex.s. c 232 § 81; 1959 c 236 § 6.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
53.34.070 Bonds and notes payable solely from
revenues, etc.—Adequate rates and charges to be established. Revenue bonds and notes issued under the provisions of this chapter shall be payable solely from the
revenues, income, receipts, profits, charges, fees, rentals, and
moneys received or derived by or through the ownership,
operation, sale, lease, or other disposition in whole or in part
of any project or projects authorized under the provisions of
this chapter, or through the issuance of refunding bonds or
notes, and the commission of any district issuing revenue
bonds or notes under the authority of this chapter shall
establish, maintain, and collect rates, tolls, rents, and charges
from time to time so long as any of such revenue bonds are
outstanding and unpaid for all services sold, furnished, or
supplied by or through any such project or projects sufficient
to produce an amount, together with any other moneys of the
district available and dedicated to such purpose, to pay the
[Title 53 RCW—page 36]
principal of and interest and premium, if any, on all revenue
bonds and notes payable from the revenues of any project or
projects as the same may respectively fall due in accordance
with the terms of the resolution or resolutions or trust
agreement authorizing the issuance and securing the payment
of such obligations. [1959 c 236 § 7.]
53.34.080 Special funds and accounts—Disposition.
The resolution, resolutions, or trust agreement providing for
the issuance of revenue bonds or notes pursuant to the
provisions of this chapter shall create and establish a special
fund of the district into which the district shall be obligated
to deposit as collected all income, revenues, receipts, and
profits derived by the district through the ownership and
operation of any project or projects acquired or constructed
from the proceeds of the sale of such revenue bonds or
notes: PROVIDED, That additional separate special funds
or accounts may be created by such resolution or trust
agreement into which the district may obligate itself to
deposit the proceeds of the sale of such revenue bonds and
notes, the proceeds of the sale or other disposition in whole
or in part of any project or projects, the proceeds of any
policies of insurance on such projects, and any other additional moneys received by the district and applicable to such
projects. All such moneys shall be held by the district, the
depositories and trustees of such funds and accounts, in trust
for the equal and ratable benefit and security of the holders
from time to time of the revenue bonds and notes issued
pursuant to the resolution, resolutions, or trust agreement
establishing such special funds or accounts, and shall be
collected, held, deposited, and disbursed solely for the
acquisition, construction, operation, maintenance, renewal,
replacement, improvement, extension, and betterment of such
project or projects and the payment of the principal of and
interest and premium, if any, on the revenue bonds and notes
issued pursuant to such resolution, resolutions, or trust
agreements, and the creation and maintenance of reasonable
reserves for all such purposes: PROVIDED, HOWEVER,
That the district may in its discretion and subject to any
agreements with the holders of such revenue bonds and notes
expend amounts of such moneys as are not required for the
purposes aforesaid for other corporate purposes of the
district.
The district may pledge such moneys or revenues of the
district subject to prior pledges thereof, if any, for the
payment of such notes and may in addition secure the notes
in the same manner as herein provided for revenue bonds.
[1959 c 236 § 8.]
53.34.090 Pledge of moneys, when binding—When
lien attaches. It is the intention hereof that any pledge of
revenues, income, receipts, profits, charges, fees, or other
moneys made by a district for the payment of bonds shall be
valid and binding from the time of the adoption of any
resolution or the execution of any trust agreement making
such pledge notwithstanding the fact that there may not then
be any simultaneous delivery thereof, that the revenues,
income, receipts, profits, charges, fees, and other moneys so
pledged shall as soon as received by the district immediately
be subject to the lien of such pledge without the physical
delivery thereof and without further act, and that the lien of
(2002 Ed.)
Toll Facilities
any such pledge shall be valid and binding as against all
parties having claims of any kind in tort, contract, or
otherwise against the district irrespective of whether such
parties have notice thereof. Neither the resolution, resolutions, or trust agreement authorizing revenue bonds or notes
nor any other instrument by which such a pledge is created
need be recorded to be effective. [1959 c 236 § 9.]
53.34.100 No personal liability on bonds or notes.
Neither the members of a commission nor any person
executing revenue bonds or notes shall be liable personally
on such bonds or notes, or be subject to any personal
liability or accountability by reason of the issuance thereof.
[1959 c 236 § 10.]
53.34.110 District may purchase bonds or notes. A
district shall have power out of any funds available therefor
to purchase revenue bonds or notes of such district. Any
bonds or notes so purchased may be held, canceled, or resold
by the district subject to and in accordance with any resolution or resolutions or trust agreements with bondholders.
[1959 c 236 § 11.]
53.34.120 State not to limit or alter rights of
district or impair rights or remedies of bond or note
holders. The state of Washington does hereby covenant and
agree with the holders of revenue bonds or notes issued by
a district under the authority of this chapter that the state
will not limit or alter the rights hereby vested in a district to
acquire, maintain, construct, reconstruct, improve, extend,
add to, better and operate the projects authorized to be constructed or acquired under the provisions hereof and to
establish, collect, and pledge such rates, rentals, tolls,
charges, license, and other fees as may be convenient or
necessary to produce sufficient revenue to meet the expense
of maintenance and operation of such projects and to fulfill
the terms of any agreements made with holders of such
revenue bonds and notes or in any way impair the rights and
remedies of bondholders and noteholders until the bonds or
notes together with interest thereon, with interest on any
unpaid installments of interest, and all costs and expenses in
connection with any action or proceedings by or on behalf
of the bondholders or noteholders, are fully met and discharged. The provisions of this chapter and of the resolutions, trust agreements and proceedings authorizing revenue
bonds and notes hereunder shall constitute a contract with
the holders of said bonds and notes. [1959 c 236 § 12.]
53.34.130 Bonds, notes, obligations not state or
district debt—No ad valorem taxes. The revenue bonds,
revenue notes, and any other obligations of a district issued
under the authority of this chapter shall not be a debt of the
state of Washington or of any political subdivision of this
state, nor shall such obligations be considered indebtedness
of the port district issuing same within any constitutional,
statutory, or other limitation of indebtedness, and neither the
state nor any political subdivision thereof, including the port
district issuing such revenue bonds or notes, shall ever
become obligated to levy ad valorem taxes on any taxable
property within the state for the payment of such revenue
bonds and notes, but such revenue bonds and notes shall be
(2002 Ed.)
53.34.090
payable solely from and shall be a charge only upon the
revenues and other funds of the project or projects pledged
to the payment thereof by the proceedings authorizing the
issuance of such bonds and notes. [1959 c 236 § 13.]
53.34.140 Registration of bonds and notes—Prima
facie validity. Prior to the issuance and delivery of revenue
bonds or notes under the authority of this chapter, such
revenue bonds or notes and a certified copy of the resolution, resolutions, or trust agreements authorizing such
revenue bonds or notes shall be forwarded by the port
commission to the state auditor together with any additional
information requested by him, and when such revenue bonds
or notes have been examined they shall be registered by the
auditor in books to be kept by him for that purpose, and a
certificate of registration shall be endorsed upon each such
revenue bond or note and signed by the auditor or a deputy
appointed by him for that purpose.
Revenue bonds or notes so registered shall then be
prima facie valid and binding obligations of the port district
in accordance with the terms thereof, notwithstanding any
defect or irregularity in the proceedings for the authorization
and issuance of such revenue bonds or notes or in the sale,
execution or delivery thereof or in the application of the
proceeds thereof. [1959 c 236 § 14.]
53.34.150 Bonds and notes as legal investment and
security. Revenue bonds and notes issued under the
authority of this chapter are made securities in which all
public officers and bodies of this state, all municipalities and
municipal subdivisions and all other political subdivisions of
this state, all insurance companies and associations and other
persons carrying on an insurance business, all banks,
bankers, trust companies, savings banks, and savings
associations, including savings and loan associations,
building and loan associations, investment companies and
other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries,
and all other persons whatsoever who are now or may
hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds,
including capital, in their control or belonging to them.
Such bonds and notes are also made securities which may be
deposited with and shall be received by all public officers
and bodies of this state, all municipalities, municipal subdivisions, and other political subdivisions of this state for
any purpose for which the deposit of bonds or other obligations of this state is now or may hereafter be authorized.
[1959 c 236 § 15.]
53.34.160 Projects declared public benefit and
governmental function—Covenant by state with bond
and note holders—Tax exemption. It is found, determined,
and declared that the creation and establishment of projects
authorized by this chapter are in all respects for the benefit
of the people of the state of Washington, for the improvement of their welfare and prosperity, and for the promotion
of intrastate, interstate, and foreign commerce, the transportation of freight, commercial, and passenger traffic, is a
public purpose, that such projects operated by port districts
are essential parts of the public transportation system, and
[Title 53 RCW—page 37]
53.34.160
Title 53 RCW: Port Districts
that such districts will be performing essential governmental
functions in the exercise of the powers conferred upon them
by this chapter; and the state of Washington covenants with
the holders of revenue bonds and notes that port districts
shall not be required to pay any taxes or assessments, or
other governmental charges in lieu thereof, upon any of the
property acquired by them or under their respective jurisdictions, control, possession, or supervision, upon the activities
of port districts in the operation and maintenance of such
projects, or upon any charges, fees, rentals, revenues, or
other income received by such districts from such projects
and that the revenue bonds and notes of port districts and the
income therefrom shall at all times be exempt from all
taxation in the state of Washington, except transfer, inheritance, and estate taxes. This section shall constitute a
covenant and agreement with the holders of all revenue
bonds and notes issued by port districts pursuant to the
provisions of this chapter. [1959 c 236 § 16.]
53.34.170 District’s power to acquire property,
rights, etc.—Gifts—Condemnation—Contracts by public
agencies authorized. In the acquisition, construction, reconstruction, improvement, extension, or betterment of any
project or projects authorized under the provisions of this
chapter any port district creating and establishing any such
project or projects may have and exercise all of the powers
heretofore or hereafter granted to port districts for corporate
purposes and, in addition thereto, may acquire by gift or
grant, lease, purchase, or condemnation any public and
private property, franchises and property rights, including
state, county, and school lands and property, and littoral and
water rights whether or not any such property is then
devoted to public or quasi public proprietary or governmental use: PROVIDED, That the court shall find that the proposed condemnation of any property already devoted to a
public use is for a higher public use, and may by appropriate
contracts with any city, county, or other political subdivision
of the state, with the state and any department of the
government of the state (hereinafter referred to collectively
as public agencies), or with any department, instrumentality
or agency of the United States, acquire title to or the use of
existing roads, streets, parkways, avenues, or highways or
the closing of any roads, streets, parkways, avenues, or
highways as may be necessary or convenient to the acquisition, construction, or operation of any such project or
projects under such terms and conditions as may be mutually
agreed upon. All public agencies are authorized to enter into
contracts with port districts for the aforesaid purposes.
[1959 c 236 § 17.]
53.34.180 Public agencies authorized to contract
with district for contribution of money, property, services, etc. Any public agency, including without limitation the
department of transportation, may contract with a port
district that is constructing a project or projects under this
chapter for the contribution of moneys or real or personal
property in aid of the construction of the projects, or for the
furnishing of engineering, legal, police, and fire protection,
and all other services necessary or convenient to the acquisition, construction, reconstruction, operation, maintenance,
renewal, replacement, improvement, additions to, or exten[Title 53 RCW—page 38]
sion of the project or projects. The contracts shall run for
such period of years and contain such terms and conditions
as the parties thereto mutually agree upon. Any public
agency, by resolution, may authorize the execution of the
contracts with a port district and no other authorization on
the part of the public agency is necessary, regardless of any
provision of laws or of a city charter to the contrary.
Obligations assumed by a public agency under the contracts
entered into under this chapter shall be included and provided for in each annual budget of the public agency made
thereafter until all the obligations have been fully discharged.
[1984 c 7 § 366; 1959 c 236 § 18.]
Severability—1984 c 7: See note following RCW 47.01.141.
53.34.190 Bylaws, rules for management, uses,
charges—Penalty for violation. Any port district establishing a project under the authority of this chapter may make
such bylaws, rules, and regulations for the management and
use of such project and for the collection of rentals, tolls,
fees, and other charges for services or commodities sold,
furnished or supplied through such project, and the violation
of any such bylaw, rule, or regulation shall be an offense
punishable by fine not to exceed one hundred dollars or by
imprisonment for not longer than thirty days, or both. [1959
c 236 § 19.]
53.34.200 Actions for damages, injuries, death—
Allegation in complaint of presentment of claim. In every
action against a district for damages, for injuries to real or
personal property, or for the destruction thereof, or for
personal injuries or death arising in connection with the
acquisition, construction, reconstruction, operation, or
maintenance of a project authorized by the provisions of this
chapter, the complaint shall contain an allegation that at least
thirty days have elapsed since a demand, claim, or claims
upon which such action is founded were presented to the
secretary of the district, or to its chief executive officer, and
that the district has neglected or refused to make an adjustment or payment thereof for thirty days after such presentment. [1959 c 236 § 20.]
53.34.220 Chapter supplemental to other laws—
Liberal construction. The powers and rights granted to
port districts and public agencies by the provisions of this
chapter are in addition and supplemental to and not in
substitution of the powers and rights heretofore or hereafter
granted to such districts and public agencies by any other
law or city charter, and no limitations or restrictions or
proceedings for the exercise of powers and rights by port
districts and public agencies contained in any other laws or
city charters shall apply to the exercise of powers and rights
granted by the provisions of this chapter, and the provisions
of this chapter shall be liberally construed to permit the
accomplishment of the purposes hereof. [1959 c 236 § 22.]
53.34.900 Severability—1959 c 236. If any section,
clause or provision of this chapter shall be declared unconstitutional or invalid in whole or in part, to the extent that this
chapter is not unconstitutional or invalid this chapter shall be
valid and effective, and no other section, clause, or provision
(2002 Ed.)
Toll Facilities
hereof shall on account of such declaration be deemed
invalid or ineffective. [1959 c 236 § 23.]
53.34.910 Chapter controls inconsistent acts.
Insofar as the provisions of this chapter are inconsistent with
the provisions of any other act or of any city charter, the
provisions of this chapter shall be controlling. [1959 c 236
§ 24.]
Chapter 53.35
BUDGETS
Sections
53.35.010
53.35.020
53.35.030
53.35.040
53.35.045
53.35.050
53.35.060
53.35.070
53.35.071
53.35.900
Preliminary budget.
Publication of notice of preliminary budget and hearing.
Hearing—Final budget.
Final budget to be filed with county commissioners.
Alternate date for filing final budget.
Supplemental budgets.
Fiscal year.
Chapter exclusive method for budgets.
Expenditures for industrial development, trade promotion, or
promotional hosting—Budgeting required.
Severability—1959 c 159.
53.35.010 Preliminary budget. On or before the 15th
day of September of each year each port commission shall
prepare a preliminary budget of the port district for the
ensuing fiscal year showing the estimated expenditures and
the anticipated available funds from which all expenditures
are to be paid. [1959 c 159 § 1.]
53.35.020 Publication of notice of preliminary
budget and hearing. Following the preparation of the
preliminary budget, the port commission shall publish a
notice stating that the preliminary budget of the port district
has been prepared and placed on file at the office of the port
district; that a copy thereof may be obtained by any taxpayer
at an address set forth in the notice; that the commission will
meet at a date, hour and place set forth in the notice, such
date to be not earlier than September 15th and not later than
the first Tuesday following the first Monday in October, for
the purpose of fixing and adopting the final budget of the
port district for the ensuing year. The notice shall be
published once each week for two consecutive weeks in a
legal newspaper of the district, or if there is none, in any
newspaper of general circulation in the county, the first
publication to be not less than nine days nor more than
twenty days prior to the date of the hearing. [1959 c 159 §
2.]
53.35.030 Hearing—Final budget. On the day set by
the notice provided for in RCW 53.35.020 the commission
shall meet at the place and hour designated for the purpose
of a hearing on the budget and adoption of a final budget.
Any person may present objections to the preliminary budget
following which the commission shall, by resolution adopt
a final budget. [1959 c 159 § 3.]
53.35.040 Final budget to be filed with county
commissioners. It shall be the duty of the commissioners
of port districts, for the purpose of levying port district taxes,
(2002 Ed.)
53.34.900
to file with the clerk of the board of county commissioners
on or before the Wednesday next following the first Monday
in October in each year a certified copy of such final budget
which shall specify the amounts to be raised by taxation on
the assessed valuation of the property in the port district.
[1959 c 159 § 4.]
53.35.045 Alternate date for filing final budget.
Notwithstanding any provision of law to the contrary, the
board of commissioners of a port district may file with the
clerk of the county legislative authority a certified copy of
the port district final budget, provided for in RCW
53.35.040, on the first Monday in December. The board of
port commissioners may also set other dates relating to the
budget process, including but not limited to the dates set in
RCW 53.35.010 and 53.35.020 to conform to the alternate
date for final budget filing. [1974 ex.s. c 19 § 1.]
53.35.050 Supplemental budgets. A port commission
may adopt by resolution one or more supplemental budgets
at any time during the fiscal year. Such supplemental
budget shall be adopted only after public hearing. Notice of
such hearing shall be given by a single publication of notice
of the date, place and hour of the hearing in a legal newspaper of the district, or if there is none, in any newspaper of
general circulation in the county, the publication of such
notice to be at least five days and not more than fifteen days
prior to the hearing date. [1959 c 159 § 5.]
53.35.060 Fiscal year. The fiscal year for a port
district shall be the calendar year. [1959 c 159 § 6.]
53.35.070 Chapter exclusive method for budgets.
The provisions of this chapter shall constitute the exclusive
requirement and authority for the preparation, adoption,
certification and filing of port district budgets. [1959 c 159
§ 7.]
53.35.071 Expenditures for industrial development,
trade promotion, or promotional hosting—Budgeting
required. See RCW 53.36.120.
53.35.900 Severability—1959 c 159. Should any
section or parts of sections of this chapter be declared
unconstitutional it shall in no case affect the validity of other
provisions of this chapter. [1959 c 159 § 8.]
Chapter 53.36
FINANCES
Sections
53.36.010
53.36.015
53.36.020
53.36.030
53.36.040
53.36.050
53.36.060
53.36.070
District treasurer.
Payment of claims—Use of warrants and checks.
Tax levy—Limitation.
Indebtedness—Limitation.
Funds in anticipation of revenues—Warrants.
County treasurer—General and special funds—
Depositories—Investment of excess funds.
Incidental expense fund.
Levy for dredging, canal construction, or land leveling or
filling purposes.
[Title 53 RCW—page 39]
Chapter 53.36
Title 53 RCW: Port Districts
53.36.080
Collection of levies for dredging, canal construction, or land
leveling or filling purposes.
53.36.100 Levy for industrial development district purposes—Notice—
Petition—Election.
53.36.110 Levy for industrial development district purposes—Excess
funds to be used solely for retirement of general obligations.
53.36.120 Expenditures for industrial development, trade promotion, or
promotional hosting—Budgeting required.
53.36.130 Expenditures for industrial development, trade promotion, or
promotional hosting—Source and amount of funds.
53.36.140 Expenditures for industrial development, trade promotion, or
promotional hosting—Rules and regulations—
Authorizations—Vouchers.
53.36.150 Expenditures for industrial development, trade promotion, or
promotional hosting—Duties of state auditor.
Accounting system and state examination: RCW 43.09.200 through
43.09.280.
Disposition of rentals from aquatic lands managed by a port district: RCW
79.90.475.
Tax district relief: Chapter 39.64 RCW.
Vouchers on public funds: Chapter 42.24 RCW.
made to warrants, the term includes checks where authorized
by this section. [2002 c 95 § 1.]
53.36.010 District treasurer. The treasurer of the
county in which a port district is located shall be treasurer of
the district unless the commission of a port district which
has for the last three consecutive years received annual gross
operating revenues of one hundred thousand dollars or more,
excluding tax revenues and grants for capital purposes,
designates by resolution some other person having experience in financial or fiscal matters as treasurer of the port
district to act with the same powers and under the same
restrictions as provided by law for a county treasurer acting
on behalf of a port district: PROVIDED, That any port
district which was authorized by the county treasurer to
appoint its own treasurer prior to July 24, 1983, may
continue to appoint its own treasurer. The commission may,
and if the treasurer is not the county treasurer it shall,
require a bond, with a surety company authorized to do business in the state of Washington, in an amount and under the
terms and conditions which the commission by resolution
from time to time finds will protect the district against loss.
The premium on such bonds shall be paid by the district.
All district funds shall be paid to the treasurer and shall be
disbursed by him upon warrants signed by a port auditor
appointed by the port commission, upon vouchers approved
by the commission. [1983 c 250 § 1; 1974 ex.s. c 13 § 1;
1955 c 348 § 5. Prior: 1921 c 179 § 1, part; 1911 c 92 §
5, part; RRS § 9693, part.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Budgets: Chapter 53.35 RCW.
Levy of taxes: Chapter 84.52 RCW.
Limitation on levies: State Constitution Art. 7 § 2 (Amendments 55 and
59); RCW 84.52.050 through 84.52.056.
School district levy: Chapter 28A.545 RCW.
Severability—1955 c 348: See note following RCW 53.08.120.
County treasurer, calling warrants: RCW 36.29.060.
53.36.015 Payment of claims—Use of warrants and
checks. A port district that acts as its own treasurer as
provided in RCW 53.36.010 may by resolution adopt a
policy for the payment of claims or other obligations of the
port district, which are payable out of solvent funds, electing
either to pay obligations by warrant or by check. However,
no check shall be issued when the applicable fund is not
solvent at the time payment is ordered, but a warrant shall
be issued instead. When checks are to be used, the port
commission shall designate the qualified public depository
where checks are to be drawn, and the officers authorized or
required to sign checks. Wherever in this title reference is
[Title 53 RCW—page 40]
53.36.020 Tax levy—Limitation. A district may raise
revenue by levy of an annual tax not to exceed forty-five
cents per thousand dollars of assessed value against the
assessed valuation of the taxable property in such port
district for general port purposes, including the establishment
of a capital improvement fund for future capital improvements, except that any levy for the payment of the principal
and interest of the general bonded indebtedness of the port
district shall be in excess of any levy made by the port
district under the forty-five cents per thousand dollars of
assessed value limitation. The levy shall be made and taxes
collected in the manner provided for the levy and collection
of taxes in school districts of the first class. [1973 1st ex.s.
c 195 § 56; 1955 c 65 § 11. Prior: 1951 c 133 § 1; 1943
c 166 § 2, part; 1921 c 183 § 1, part; 1917 c 125 § 1, part;
1913 c 62 § 4, part; 1911 c 92 § 4, part; Rem. Supp. 1943
§ 9692, part.]
53.36.030 Indebtedness—Limitation. (1)(a) Except
as provided in (b) of this subsection, a port district may at
any time contract indebtedness or borrow money for district
purposes and may issue general obligation bonds therefor not
exceeding an amount, together with any existing indebtedness of the district not authorized by the voters, of onefourth of one percent of the value of the taxable property in
the district.
(b) Port districts having less than eight hundred million
dollars in value of taxable property during 1991 may at any
time contract indebtedness or borrow money for port district
purposes and may issue general obligation bonds therefor not
exceeding an amount, combined with existing indebtedness
of the district not authorized by the voters, of three-eighths
of one percent of the value of the taxable property in the
district. Prior to contracting for any indebtedness authorized
by this subsection (1)(b), the port district must have a
comprehensive plan for harbor improvements or industrial
development and a long-term financial plan approved by the
department of community, trade, and economic development.
The department of community, trade, and economic development is immune from any liability for its part in reviewing
or approving port district’s improvement or development
plans, or financial plans. Any indebtedness authorized by
this subsection (1)(b) may be used only to acquire or
construct a facility, and, prior to contracting for such
indebtedness, the port district must have a lease contract for
a minimum of five years for the facility to be acquired or
constructed by the debt.
(2) With the assent of three-fifths of the voters voting
thereon at a general or special port election called for that
purpose, a port district may contract indebtedness or borrow
money for district purposes and may issue general obligation
(2002 Ed.)
Finances
bonds therefor provided the total indebtedness of the district
at any such time shall not exceed three-fourths of one
percent of the value of the taxable property in the district.
(3) In addition to the indebtedness authorized under
subsections (1) and (2) of this section, port districts having
less than two hundred million dollars in value of taxable
property and operating a municipal airport may at any time
contract indebtedness or borrow money for airport capital
improvement purposes and may issue general obligation
bonds therefor not exceeding an additional one-eighth of one
percent of the value of the taxable property in the district
without authorization by the voters; and, with the assent of
three-fifths of the voters voting thereon at a general or
special port election called for that purpose, may contract
indebtedness or borrow money for airport capital improvement purposes and may issue general obligation bonds
therefor for an additional three-eighths of one percent
provided the total indebtedness of the district for all port
purposes at any such time shall not exceed one and onefourth percent of the value of the taxable property in the
district.
(4) Any port district may issue general district bonds
evidencing any indebtedness, payable at any time not
exceeding fifty years from the date of the bonds. Any
contract for indebtedness or borrowed money authorized by
RCW 53.36.030(1)(b) shall not exceed twenty-five years.
The bonds shall be issued and sold in accordance with
chapter 39.46 RCW.
(5) Elections required under this section shall be held as
provided in RCW 39.36.050.
(6) For the purpose of this section, "indebtedness of the
district" shall not include any debt of a county-wide district
with a population less than twenty-five hundred people when
the debt is secured by a mortgage on property leased to the
federal government; and the term "value of the taxable
property" shall have the meaning set forth in RCW
39.36.015.
(7) This section does not apply to a loan made under a
loan agreement under chapter 39.69 RCW, and a computation of indebtedness under this chapter must exclude the
amount of a loan under such a loan agreement. [1996 c 66
§ 1; 1995 c 102 § 1; 1991 c 314 § 29; 1990 c 254 § 1; 1984
c 186 § 41; 1970 ex.s. c 42 § 32; 1965 ex.s. c 54 § 1; 1959
c 52 § 1; 1955 c 65 § 12. Prior: 1943 c 166 § 2, part; 1921
c 183 § 1, part; 1917 c 125 § 1, part; 1911 c 92 § 4, part;
Rem. Supp. 1943 § 9692, part.]
Findings—1991 c 314: See note following RCW 43.160.020.
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
General provisions applicable to district bonds: Chapter 39.44 RCW.
Limitation upon indebtedness: State Constitution Art. 8 § 6 (Amendment
27); chapter 39.36 RCW.
Port district indebtedness authorized, emergency public works: RCW
39.28.030.
Validation requirement: RCW 39.40.010.
53.36.040 Funds in anticipation of revenues—
Warrants. (1) Any port commission is hereby authorized,
prior to the receipt of taxes raised by levy, to borrow money
or issue the warrants of the district in anticipation of the
revenues to be derived by such district and such warrants
(2002 Ed.)
53.36.030
shall be redeemed from the first money available from such
taxes when collected. Such warrants may be in any form,
including bearer warrants or registered warrants as provided
in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
warrants may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 136; 1921 c 179 § 2; 1911 c 92
§ 12; RRS § 9699.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
53.36.050 County treasurer—General and special
funds—Depositories—Investment of excess funds. The
county treasurer acting as port treasurer shall create a fund
to be known as the "Port of . . . . . . Fund," into which shall
be paid all money received by him from the collection of
taxes in behalf of such port district, and shall also maintain
such other special funds as may be created by the port
commission into which shall be placed such moneys as the
port commission may by its resolution direct. All such port
funds shall be deposited with the county depositories under
the same restrictions, contracts and security as is provided by
statute for county depositories and all interest collected on
such port funds shall belong to such port district and shall be
deposited to its credit in the proper port funds: PROVIDED,
That any portion of such port moneys determined by the port
commission to be in excess of the current needs of the port
district may be invested by the county treasurer in accordance with RCW 36.29.020, 36.29.022, and chapter 39.59
RCW, and all interest collected thereon shall likewise belong
to such port district and shall be deposited to its credit in the
proper port funds. [1997 c 393 § 10; 1959 c 52 § 2; 1921
c 179 § 3; 1911 c 92 § 13; RRS § 9700.]
County depositaries: Chapter 36.48 RCW.
53.36.060 Incidental expense fund. The port
commission of any port district may, by resolution, create an
incidental expense fund in such amount as the port commission may direct. Such incidental expense fund may be kept
and maintained in a bank or banks designated in the resolution creating the fund, and such depository shall be required
to give bonds or securities to the port district for the protection of such incidental expense fund, in the full amount of
the fund authorized by the said resolution. Vouchers shall
be drawn to reimburse said incidental expense fund and such
vouchers shall be approved by the port commission.
Transient labor, freight, express, cartage, postage, petty
supplies, and minor expenses of the port district may be paid
from said incidental expense fund and all such disbursements
therefrom shall be by check of the port auditor or such other
officer as the port commission shall by resolution direct. All
expenditures from said incidental expense fund shall be
covered by vouchers drawn by the port auditor and approved
by the manager or such other officer of the port district as
the port commission may by resolution direct. The officer
disbursing said fund shall be required to give bond to the
port district in the full authorized amount of the said incidental expense fund for the faithful performance of his duties
in connection with the disbursement of moneys from such
fund. [1933 c 189 § 16; RRS § 9699-1.]
[Title 53 RCW—page 41]
53.36.070
Title 53 RCW: Port Districts
53.36.070 Levy for dredging, canal construction, or
land leveling or filling purposes. Any port district organized under the laws of this state shall, in addition to the
powers otherwise provided by law, have the power to raise
revenue by the levy and collection of an annual tax on all
taxable property within such port district of not to exceed
forty-five cents per thousand dollars of assessed value
against the assessed valuation of the taxable property in such
port district, for dredging, canal construction, or land
leveling or filling purposes, the proceeds of any such levy to
be used exclusively for such dredging, canal construction, or
land leveling and filling purposes: PROVIDED, That no
such levy for dredging, canal construction, or land leveling
or filling purposes under the provisions of RCW 53.36.070
and 53.36.080 shall be made unless and until the question of
authorizing the making of such additional levy shall have
been submitted to a vote of the electors of the district in the
manner provided by law for the submission of the question
of making additional levies in school districts of the first
class at an election held under the provisions of RCW
29.13.020 and shall have been authorized by a majority of
the electors voting thereon. [1983 c 3 § 162; 1973 1st ex.s.
c 195 § 57; 1965 ex.s. c 22 § 1; 1925 c 29 § 1; RRS §
9692-1.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
53.36.080 Collection of levies for dredging, canal
construction, or land leveling or filling purposes. Whenever such additional levy for dredging, canal construction, or
land leveling or filling purposes shall have been authorized
by the electors of the district at an election, held subsequent
to the time of making the levy for the district for general
purposes, in any year, such levy shall be certified by the port
commission in the manner provided by law for certifying
levies for general purposes of the district, and shall be
forthwith spread and extended upon the tax rolls for the
current year, and the taxes so levied and extended shall be
collected in the manner provided by law for the collection of
general taxes. [1965 ex.s. c 22 § 2; 1925 c 29 § 2; RRS §
9692-2.]
Collection of taxes, generally: Chapter 84.56 RCW.
53.36.100 Levy for industrial development district
purposes—Notice—Petition—Election. (1) A port district
having adopted a comprehensive scheme of harbor improvements and industrial developments may thereafter raise revenue, for six years only, and a second six years if the procedures are followed under subsection (2) of this section, in
addition to all other revenues now authorized by law, by an
annual levy not to exceed forty-five cents per thousand
dollars of assessed value against the assessed valuation of
the taxable property in such port district. In addition, if
voters approve a ballot proposition authorizing additional
levies by a simple majority vote, a port district located in a
county bordering on the Pacific Ocean having adopted a
comprehensive scheme of harbor improvements and industrial developments may impose these levies for a third six-year
period. Said levies shall be used exclusively for the exercise
of the powers granted to port districts under chapter 53.25
RCW except as provided in RCW 53.36.110. The levy of
[Title 53 RCW—page 42]
such taxes is herein authorized notwithstanding the provisions of RCW 84.52.050 and 84.52.043. The revenues
derived from levies made under RCW 53.36.100 and
53.36.110 not expended in the year in which the levies are
made may be paid into a fund for future use in carrying out
the powers granted under chapter 53.25 RCW, which fund
may be accumulated and carried over from year to year, with
the right to continue to levy the taxes provided for in RCW
53.36.100 and 53.36.110 for the purposes herein authorized.
(2) If a port district intends to levy a tax under this
section for one or more years after the first six years these
levies were imposed, the port commission shall publish
notice of this intention, in one or more newspapers of general circulation within the district, by June 1 of the year in
which the first levy of the seventh through twelfth year
period is to be made. If within ninety days of the date of
publication a petition is filed with the county auditor
containing the signatures of eight percent of the number of
voters registered and voting in the port district for the office
of the governor at the last preceding gubernatorial election,
the county auditor shall canvass the signatures in the same
manner as prescribed in RCW 29.79.200 and certify their
sufficiency to the port commission within two weeks. The
proposition to make these levies in the seventh through
twelfth year period shall be submitted to the voters of the
port district at a special election, called for this purpose, no
later than the date on which a primary election would be
held under RCW 29.13.070. The levies may be made in the
seventh through twelfth year period only if approved by a
majority of the voters of the port district voting on the
proposition. [1994 c 278 § 1; 1982 1st ex.s. c 3 § 1; 1979
c 76 § 1; 1973 1st ex.s. c 195 § 58; 1957 c 265 § 1.]
Effective date—1982 1st ex.s. c 3: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect April 1, 1982." [1982 1st ex.s. c 3 § 3.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Levy by port district under RCW 53.36.100—Application of chapter 84.55
RCW: RCW 84.55.045.
53.36.110 Levy for industrial development district
purposes—Excess funds to be used solely for retirement
of general obligations. In the event the levy herein authorized shall produce revenue in excess of the requirements to
complete the projects of a port district then provided for in
its comprehensive scheme of harbor improvements and
industrial developments or amendments thereto, said excess
shall be used solely for the retirement of general obligation
bonded indebtedness. [1957 c 265 § 2.]
53.36.120 Expenditures for industrial development,
trade promotion, or promotional hosting—Budgeting
required. Under the authority of Article VIII, section 8, of
the state Constitution, port district expenditures for industrial
development, trade promotion or promotional hosting shall
be pursuant to specific budget items as approved by the port
commission at the annual public hearings on the port district
budget. [1967 c 136 § 1.]
53.36.130 Expenditures for industrial development,
trade promotion, or promotional hosting—Source and
(2002 Ed.)
Finances
amount of funds. Funds for promotional hosting expenditures shall be expended only from gross operating revenues
and shall not exceed one percent thereof upon the first two
million five hundred thousand dollars of such gross operating
revenues, one-half of one percent upon the next two million
five hundred thousand dollars of such gross operating
revenues, and one-fourth of one percent on the excess over
five million dollars of such operating revenues: PROVIDED, HOWEVER, That in no case shall these limitations
restrict a port district to less than twenty-five hundred dollars
per year from any funds available to the port. [1967 c 136
§ 2.]
53.36.140 Expenditures for industrial development,
trade promotion, or promotional hosting—Rules and
regulations—Authorizations—Vouchers. Port commissions shall adopt, in writing, rules and regulations governing
promotional hosting expenditures by port employees or
agents. Such rules shall identify officials and agents
authorized to make such expenditures and the approved objectives of such spending. Port commissioners shall not
personally make such expenditures, or seek reimbursement
therefor, except where specific authorization of such expenditures has been approved by the port commission. All payments and reimbursements shall be identified and supported
on vouchers approved by the port auditor. [1967 c 136 § 3.]
53.36.150 Expenditures for industrial development,
trade promotion, or promotional hosting—Duties of state
auditor. The state auditor shall, as provided in chapter
43.09 RCW:
(1) Audit expenditures made pursuant to RCW
53.36.120 through 53.36.150; and
(2) Promulgate appropriate rules and definitions as a
part of the uniform system of accounts for port districts to
carry out the intent of RCW 53.36.120 through 53.36.150:
PROVIDED, That such accounts shall continue to include
"gross operating revenues" which shall be exclusive of
revenues derived from any property tax levy except as
provided in RCW 53.36.130. [1967 c 136 § 4.]
Chapter 53.40
REVENUE BONDS AND WARRANTS
Sections
53.40.010
53.40.020
53.40.030
53.40.040
53.40.050
53.40.110
53.40.120
53.40.125
53.40.130
53.40.135
53.40.140
53.40.150
Revenue bonds authorized.
Purposes for which bonds may be issued and sold.
Bonds—Term, form, etc.
Bonds payable solely out of revenues—Special funds.
Sale of bonds to federal government.
Interest, signatures, sale of bonds—Covenants—
Safeguards—Enforcement.
Irregularity in bonds or use of funds no defense.
District may mortgage industrial development facility.
Funding, refunding bonds.
Revenue warrants.
Construction of chapter.
Validation—1959 c 183.
53.40.010 Revenue bonds authorized. The port
commission of any port district is authorized for the purpose
of carrying out the lawful powers granted port districts by
the laws of the state to contract indebtedness and to issue
(2002 Ed.)
53.36.130
revenue bonds evidencing such indebtedness in conformity
with this chapter. [1959 c 183 § 1; 1957 c 59 § 1; 1949 c
122 § 1; Rem. Supp. 1949 § 9711-1.]
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Declaratory judgments of local bond issues: Chapter 7.25 RCW.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
53.40.020 Purposes for which bonds may be issued
and sold. All such revenue bonds authorized under the
terms of this chapter may be issued and sold by the port district from time to time and in such amounts as is deemed
necessary by the port commission to provide sufficient funds
for the carrying out of all port district powers, and without
limiting the generality thereof, shall include the following:
Acquisition, construction, reconstruction, maintenance, repair,
additions and operation of port properties and facilities,
including in the cost thereof engineering, inspection, accounting, fiscal and legal expenses; the cost of issuance of
bonds, including printing, engraving and advertising and
other similar expenses; payment of interest on the outstanding bonds issued for any project during the period of actual
construction and for six months after the completion thereof,
and the proceeds of such bond issue are hereby made
available for all such purposes. "Port property and facilities," as used in this section, includes facilities for the
freezing or processing of agricultural products. [1987 c 289
§ 2; 1959 c 183 § 2; 1957 c 59 § 3. Prior: 1949 c 122 § 2,
part; Rem. Supp. 1949 § 9711-2, part.]
53.40.030 Bonds—Term, form, etc. (1) The port
commission shall determine the form, conditions, and
denominations of all such bonds, the maturity date or dates
which the bonds so sold shall bear, and the interest rate or
rates thereon. It shall not be necessary that all bonds of the
same authorized issue bear the same interest rate or rates.
Principal and interest of the bonds shall be payable at such
place or places as may be fixed and determined by the port
commission. The bonds may contain provisions for registration thereof as to principal only or as to both principal and
interest as provided in RCW 39.46.030. The bonds shall
have interest payable at such time or times as may be
determined by the port commission and in such amounts as
it may prescribe. The port commission may provide for
retirement of bonds issued under this chapter at any time or
times prior to their maturity, and in such manner and upon
the payment of such premiums as may be fixed and determined by resolution of the port commission. The port
commission may delegate authority to the chief executive
officer of the port to approve the interest rate or rates,
maturity date or dates, redemption rights, interest payment
dates, and principal maturities under such terms and conditions approved by resolution of the port commission.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [2000 c 181 § 1; 1983 c 167 § 137; 1970 ex.s.
c 56 § 73; 1969 ex.s. c 232 § 37; 1959 c 183 § 3; 1957 c 59
§ 4. Prior: 1949 c 122 § 2, part; Rem. Supp. 1949 § 97112, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
[Title 53 RCW—page 43]
53.40.030
Title 53 RCW: Port Districts
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
Bonds—Form, terms of sale, payment, etc.: Chapter 39.44 RCW.
53.40.040 Bonds payable solely out of revenues—
Special funds. Bonds issued under the provisions of this
chapter shall be payable solely out of operating revenues of
the port district. Such bonds shall be authorized by resolution adopted by the port commission, which resolution shall
create a special fund or funds into which the port commission may obligate and bind the port district to set aside and
pay any part or parts of, or all of, or a fixed proportion of,
or a fixed amount of the gross revenue of the port district for
the purpose of paying the principal of and interest on such
bonds as the same shall become due, and if deemed necessary to maintain adequate reserves therefor. Such fund or
funds shall be drawn upon solely for the purpose of paying
the principal and interest upon the bonds issued pursuant to
this chapter.
The bonds shall be negotiable instruments within the
provisions and intent of the negotiable instruments law of
this state, even though they shall be payable solely from
such special fund or funds, and the tax revenue of the port
district may not be used to pay, secure, or guarantee the
payment of the principal of and interest on such bonds. The
bonds and any coupons attached thereto shall state upon their
face that they are payable solely from such special fund or
funds. If the port commission fails to set aside and pay into
such fund or funds the payments provided for in such resolution, the owner of any such bonds may bring suit to compel
compliance with the provisions of the resolution. [1983 c
167 § 138; 1959 c 183 § 4; 1957 c 59 § 5; 1949 c 122 § 4;
Rem. Supp. 1949 § 9711-4.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Negotiable instruments—Uniform Commercial Code: Title 62A RCW.
53.40.050 Sale of bonds to federal government. Port
districts may, but are not required by the terms of this
chapter to do so, sell any or all such bonds issued pursuant
to this chapter to the federal government, or any agency of
the federal government, at private sale and without the
necessity of public advertisement or calling for bids. [1959
c 183 § 5; 1957 c 59 § 6; 1949 c 122 § 3; Rem. Supp. 1949
§ 9711-3.]
Bonds sold to government at private sale: Chapter 39.48 RCW.
53.40.110 Interest, signatures, sale of bonds—
Covenants—Safeguards—Enforcement. (1) The bonds
issued pursuant to the provisions of this chapter shall bear
interest at such rate or rates as authorized by the port
commission; shall be signed on behalf of the port district by
the president of the port commission and shall be attested by
the secretary of the port commission, one of which signatures may be a facsimile signature, and shall have the seal
of the port district impressed thereon; any interest coupons
attached thereto shall be signed by the facsimile signatures
of said officials. Such bonds shall be sold in the manner
and at such price as the port commission shall deem best,
either at public or private sale.
[Title 53 RCW—page 44]
The port commission may provide such covenants as it
may deem necessary to secure the payment of the principal
of and interest on such bonds and may but shall not be
required to include covenants to create a reserve fund or
account and to authorize the payment or deposit of certain
moneys therein for the purpose of securing the payment of
such principal and interest; to establish, maintain, and collect
tariffs, rates, charges, fees, rentals, and sales prices on
facilities and services the income of which is pledged for the
payment of such bonds, sufficient to pay or secure the
payment of such principal and interest and to maintain an
adequate coverage over annual debt service; and to make any
and all other covenants not inconsistent with the provisions
of this chapter which will increase the marketability of such
bonds. The port commission may also provide that revenue
bonds payable out of the same source or sources may later
be issued on a parity with any revenue bonds being issued
and sold. The provisions of this chapter and any resolution
or resolutions providing for the authorization, issuance, and
sale of such bonds shall constitute a contract with the owners
of such bonds, and the provisions thereof shall be enforceable by any owner of such bonds by mandamus or any
appropriate suit, action or proceeding at law or in equity in
any court of competent jurisdiction.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 139; 1970 ex.s. c 56 § 74; 1969
ex.s. c 232 § 38; 1959 c 183 § 6; 1949 c 122 § 9; Rem.
Supp. 1949 § 9711-8.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
Mandamus: Chapter 7.16 RCW.
53.40.120 Irregularity in bonds or use of funds no
defense. The Reconstruction Finance Corporation, or any
other agency of the United States government making any
such loan, or any other holder or owner of any bonds issued
pursuant to this chapter, shall not be required to see to the
application of the moneys derived from such bonds to the
purposes for which the bonds are issued as specified in any
resolution authorizing the issuance thereof. No defense of
invalidity, or irregularity in any such bonds funded or
refunded by the issuance of bonds hereunder, shall be a valid
defense in any action at law or equity for a judgment upon
or for the enforcement or collection of any bonds issued
pursuant to this chapter, and no court shall have jurisdiction
to entertain any such defense in any such action or proceeding. [1957 c 59 § 10. Prior: 1949 c 122 § 7, part; Rem.
Supp. 1949 § 9711-6, part.]
53.40.125 District may mortgage industrial development facility. The port commission of any port district, as
security for the payment of the principal of and interest on
any revenue bonds issued and any agreements made in
connection therewith, may mortgage, pledge, or otherwise
encumber the particular industrial development facility or
facilities or any part or parts thereof that are being financed
by the revenue bonds, whether then owned or thereafter
(2002 Ed.)
Revenue Bonds and Warrants
acquired, and may assign any mortgage and repledge any
security conveyed to the port district for that particular
facility or facilities. [1987 c 289 § 1.]
53.40.130 Funding, refunding bonds. (1) The port
commission of any port district may by resolution, from time
to time, provide for the issuance of funding or refunding
revenue bonds to fund or refund any outstanding revenue
warrants, bonds, and any premiums and interest due thereon
at or before the maturity of such warrants or bonds, and may
combine various outstanding revenue warrants and parts or
all of various series and issues of outstanding revenue bonds
and any matured coupons in the amount thereof to be funded
or refunded.
The port commission shall create a special fund for the
sole purpose of paying the principal of and interest on such
funding or refunding revenue bonds, into which fund the
commission shall obligate and bind the port district to set
aside and pay any part or parts of, or all of, or a fixed
proportion of, or a fixed amount of the gross revenue of the
port district sufficient to pay such principal and interest as
the same shall become due, and if deemed necessary to
maintain adequate reserves therefor.
Such funding or refunding bonds shall be negotiable
instruments within the provisions and intent of the negotiable
instruments law of this state, and the tax revenue of the port
district may not be used to pay, secure, or guarantee the
payment of the principal of and interest on such bonds.
Such bonds may be in any form, including bearer bonds or
registered bonds as provided in RCW 39.46.030.
The port district may exchange such funding or refunding bonds for the warrants, bonds, and any coupons being
funded or refunded, or it may sell such funding or refunding
bonds in the manner, at such rate or rates of interest and at
such price as the port commission shall deem to be for the
best interest of the district and its inhabitants, either at public
or private sale.
The provisions of this chapter relating to the terms,
conditions, covenants, issuance, and sale of revenue bonds
shall be applicable to such funding or refunding bonds
except as may be otherwise specifically provided in this
section.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 140; 1970 ex.s. c 56 § 75; 1969
ex.s. c 232 § 39; 1959 c 183 § 7; 1949 c 122 § 8; Rem.
Supp. 1949 § 9711-7.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
53.40.135 Revenue warrants. Port districts may also
issue revenue warrants for the same purposes for which they
may issue revenue bonds, and the provisions of this chapter
relating to the terms, conditions, covenants, issuance, and
sale of revenue bonds shall be applicable to such revenue
warrants. [1959 c 183 § 8.]
(2002 Ed.)
53.40.125
53.40.140 Construction of chapter. This chapter
shall be complete authority for the issuance of the bonds and
warrants hereby authorized, and shall be liberally construed
to accomplish its purposes. Any restrictions, limitations or
regulations relative to the issuance of such bonds or warrants
contained in any other act shall not apply to the bonds or
warrants issued under this chapter. Any act inconsistent
herewith shall be deemed modified to conform with the
provisions of this chapter for the purpose of this chapter
only. [1949 c 122 § 10; Rem. Supp. 1949 § 9711-9.]
53.40.150 Validation—1959 c 183. Any sale of
revenue bonds or warrants of port districts heretofore made,
whether at public or private sale and whether at par or less
than par as authorized herein, and any terms, conditions, and
covenants of any revenue bonds or warrants of port districts
heretofore issued, are hereby declared to be valid, legal, and
binding in all respects: PROVIDED, HOWEVER, That this
section shall not be construed to exonerate any officer or
agent of any such district from any liability for any acts
which were committed fraudulently or in bad faith. [1959
c 183 § 9.]
Chapter 53.44
FUNDING AND REFUNDING INDEBTEDNESS—
1947 ACT
Sections
53.44.010 Funding and refunding authorized.
53.44.030 Maturities—Payment.
Funding and refunding revenue bonds: RCW 53.40.130.
Public bonds, form, terms of sale, payment, etc.: Chapter 39.44 RCW.
53.44.010 Funding and refunding authorized. The
board of commissioners of any port district of the state may
fund or refund any of the general bonded indebtedness
and/or warrants of the district now or hereafter existing and
accrued interest thereon, and may combine various series
and/or issues of warrants and/or bonds into a single issue of
funding or refunding bonds, by the issuance of general
obligation funding or refunding bonds, when the board, by
resolution, finds, determines, and declares that such proposed
funding or refunding will inure to the benefit and credit of
the district and will not result in an increase of the district’s
indebtedness or in an increase in the rate of interest borne by
the indebtedness so funded or refunded. Such funding or
refunding may be accomplished by the sale of said funding
or refunding bonds or by their exchange for the bonds and/or
warrants to be refunded. General obligation bonds of a port
district which do not provide for prior redemption, may also
be refunded with the consent of the holders thereof. Such
bonds shall be issued in accordance with chapter 39.46
RCW. [1984 c 186 § 42; 1947 c 239 § 1; Rem. Supp. 1947
§ 5623-1.]
Purpose—1984 c 186: See note following RCW 39.46.110.
53.44.030 Maturities—Payment. Such funding or
refunding bonds shall run for a period of not exceeding
twenty years from date thereof. The board may apply to the
payment of the funding or refunding bonds and to the prior
[Title 53 RCW—page 45]
53.44.030
Title 53 RCW: Port Districts
redemption thereof any other moneys or funds belonging to
the district which are legally available for such purpose.
[1984 c 186 § 43; 1947 c 239 § 3; Rem. Supp. 1947 § 56233.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Chapter 53.46
CONSOLIDATION
Sections
53.46.005
53.46.010
53.46.020
53.46.030
53.46.040
53.46.050
53.46.060
53.46.070
53.46.080
53.46.090
53.46.100
Definitions.
Consolidation authorized—Petition or resolution, contents.
Special election—Conduct.
Certification of election—Establishment as municipal corporation—Commissioners, terms.
Prior obligations—Powers of consolidated district—
Separation of funds.
County commissioners may act if no active port commission.
Dissolution of district which has no active commission—
Authority of county commissioners.
Title to property vests in consolidated district.
District including area from two or more counties—
Procedure to determine proportion of taxes.
District including area from two or more counties—Levy
and collection of taxes—Principal county treasurer,
duties.
General powers of consolidated district—Debt limitation.
53.46.005 Definitions. As used in this chapter the
term "principal county auditor" and "principal county
treasurer" shall be the county auditor or county treasurer in
the county having the largest assessed valuation of the total
of the proposed consolidated port district. [1965 c 102 § 1.]
53.46.010 Consolidation authorized—Petition or
resolution, contents. Two or more port districts may be
joined into one consolidated port district in the following
manner: The port commissioners of each of the port districts
proposed to be consolidated may, or on petition of ten
percent of the qualified electors residing within each of the
districts proposed to be consolidated based on the total vote
cast in the last general election, shall, by joint resolution
submit to the qualified electors of the port districts to be
consolidated the proposition of consolidating such districts
into one port district. Such resolution or petition in request
thereof shall identify each port district to be consolidated,
listing its assets and liabilities; state the name by which the
port district resulting from the consolidation shall be known;
legally describe each port commissioner district to be created
within the port district resulting from the consolidation; state
the terms and conditions, if any, under which the consolidation is proposed; and call a special election in the territory
of the port districts to be consolidated, to determine whether
such consolidation shall take place, and to fill the offices of
the port commission of the port district resulting from the
consolidation. The resolution or petition shall provide that
the commission in the proposed district shall consist of three,
five, or seven commissioners and that the number shall be
approved by the voters at the time the proposition for
consolidation is voted upon. The proposition in this respect
shall provide that the commissioners shall be elected one
each from commissioner districts which shall be described as
set forth in this section, or if such districts are not so
[Title 53 RCW—page 46]
described then the commissioners shall be elected at large.
[1965 c 102 § 2; 1961 c 26 § 1.]
53.46.020 Special election—Conduct. The special
election to consider such consolidation and to fill such
offices shall be conducted in accordance with the general
election laws of the state. [1990 c 259 § 20; 1965 c 102 §
3; 1961 c 26 § 2.]
53.46.030 Certification of election—Establishment
as municipal corporation—Commissioners, terms. The
county canvassing board of election returns shall certify the
results of the election to the board of county commissioners;
and if at such election a majority of voters voting on the
question of consolidation in each port district to be consolidated shall vote in favor of consolidation, the board of
county commissioners shall so declare, and the port district
resulting from the consolidation shall then be and become a
municipal corporation of the state of Washington. The
county auditor shall in such event issue a certificate of
election to the successful candidate from each port commissioner district. If the proposed district includes area in two
or more counties, certificates of election shall be issued by
the principal county auditor, and the canvassing board of
elections shall be made up of the chairmen of the board of
county commissioners, prosecutors, and the auditors of each
county with area within the consolidated port district. Of the
successful port commissioner candidates, if three are elected,
the one receiving the highest number of votes shall serve
until his successor is elected and qualified at the third
subsequent regular election for port commissioner, and the
ones receiving the second and third highest numbers of votes
shall serve until their successors are elected and qualified at
the second and first subsequent regular elections for port
commissioner, respectively. If five or seven commissioners
are elected, the two with the greatest number of votes shall
serve until their successors are elected and qualified at the
third subsequent regular election of port commissioners, the
two commissioners receiving the next highest number of
votes shall serve until their successors are elected and
qualified at the second subsequent regular election of port
commissioners; and the remaining commissioner or commissioners shall serve until their successors are elected and
qualified at the next regular election of port commissioners.
[1965 c 102 § 4; 1961 c 26 § 3.]
53.46.040 Prior obligations—Powers of consolidated
district—Separation of funds. None of the obligations of
each port district which has been consolidated shall be
affected by the consolidation, and taxes and assessments for
payment of such obligations shall continue to be levied and
collected in respect to property in such former port district
notwithstanding the consolidation. The port commission of
the port district resulting from the consolidation shall have
all the powers possessed at the time of the consolidation by
the port commission of each port district which has been
consolidated, to levy or collect taxes or assessments in
respect to property in such former port district, for payment
of such obligations. While any such obligations remain outstanding, funds subject to such obligations shall be kept
separate. [1961 c 26 § 4.]
(2002 Ed.)
Consolidation
53.46.050 County commissioners may act if no
active port commission. In the event a port district does
not have an active port commission to which the petition for
consolidation may be directed, the board of county commissioners of the county wherein such inactive port district is
located may act in the place and stead of the port commission for the purposes of consolidation. [1961 c 26 § 5.]
53.46.060 Dissolution of district which has no active
commission—Authority of county commissioners. For the
purpose of dissolution of any port district not having an
active port commission the board of county commissioners
of the county wherein such inactive port district is located
may exercise the powers and duties vested by chapter 53.48
RCW in the governing body of such port district. [1961 c
26 § 6.]
53.46.070 Title to property vests in consolidated
district. Upon consolidation of two or more port districts
the title to all property owned by or held in trust for the
former districts shall vest in the consolidated port district.
[1965 c 102 § 5.]
53.46.080 District including area from two or more
counties—Procedure to determine proportion of taxes.
If the district includes area from two or more counties, it
shall be the duty of the county assessor in each county to
certify annually to the auditor of his county, who shall
forward the same to the principal county auditor, the total
assessed valuation of that part of the port district which lies
within his county. The port commission of such consolidated port district shall certify to the principal county auditor
the budget and the levies to be assessed for port purposes:
PROVIDED, That the amount of tax to be levied upon
taxable property of that part of a port district lying in one
county shall be in such ratio to the whole amount levied
upon the property lying in the entire consolidated port
district as the assessed valuation lying in such county bears
to the assessed valuation of the property in the entire
consolidated port district.
Thereafter the principal county auditor shall forward a
certificate to each county auditor, for the county commissioners thereof, which shall specify the proportion of taxes
to be levied for port district purposes. [1965 c 102 § 6.]
53.46.090 District including area from two or more
counties—Levy and collection of taxes—Principal county
treasurer, duties. Upon receipt of the certificate from the
principal county auditor as provided in RCW 53.46.080 it
shall be the duty of the board of county commissioners of
each county to levy on all taxable property of the consolidated port district which lies within the county a tax
sufficient to raise the amount necessary to meet the county’s
proportionate share of the total tax levy. Such taxes shall be
levied and collected in the same manner as other taxes are
levied and collected. The proceeds shall be forwarded quarterly by the treasurer of each county to the principal county
treasurer. The principal county treasurer shall place to the
credit of said consolidated port district all funds received
from the other county treasurers as well as those amounts he
shall have collected for the account of the port district. The
(2002 Ed.)
53.46.050
principal county treasurer shall be the treasurer of the consolidated port district and shall perform all functions required
of a treasurer of a port district. [1965 c 102 § 7.]
53.46.100 General powers of consolidated district—
Debt limitation. Any port district created by consolidation
prior to June 10, 1965, or formed hereafter under chapter
102, Laws of 1965, shall have all the powers of a newly
formed port district, without any other restriction except the
requirements of RCW 53.46.040: PROVIDED, That general
obligation indebtedness outstanding for all port purposes
within the area of the consolidated port shall not exceed the
limits of RCW 53.36.030, and for purpose of computing
such bonded debt, the bonds outstanding of all port agencies
shall be considered. [1965 c 102 § 8.]
Chapter 53.47
DISSOLUTION OF INACTIVE PORT DISTRICTS
Sections
53.47.010
53.47.020
53.47.030
53.47.040
Purpose.
Port district deemed inactive, when.
Petition for dissolution—Filing—Contents.
Hearing on petition—Notice, publication—Creditor claims,
determination—Terms and conditions of court order if
district to be dissolved.
53.47.050 Effect of final order of dissolution.
53.47.900 Chapter cumulative and nonexclusive.
Dissolution of inactive special purpose districts: Chapter 36.96 RCW.
53.47.010 Purpose. This chapter shall provide an
additional method by which inactive port districts may be
dissolved. [1971 ex.s. c 162 § 1.]
53.47.020 Port district deemed inactive, when. A
port district shall be deemed inactive if, at the time of the
filing of the petition for dissolution with the clerk of the
superior court of the county in which such port district is
situated, such port has failed to comply with subdivision (1),
(2), or (3) of this section.
(1) The port district has failed to file its budget with the
board of county commissioners or, in the case of home rule
charters, the appropriate governing body for the two fiscal
years immediately preceding the date of filing such petition,
and the port district, having been in existence for two years
or more, has failed to adopt its comprehensive plan of harbor
improvement and/or industrial development as provided by
statute, and does not presently own or has not leased within
two years prior to the filing of such petition, real property
for use for port purposes.
(2) The port district does not presently own or has not
leased or owned real property for use for port purposes
within the four calendar years prior to the filing of such
petition.
(3) The port district has not filed its budget with the
board of county commissioners or, in the case of home rule
charters, the appropriate governing body for the two fiscal
years immediately preceding the filing of said petition has
not adopted its comprehensive plan of harbor improvement
and/or industrial development as provided by statute, and has
not met with a legal quorum at least twice in the last two
[Title 53 RCW—page 47]
53.47.020
Title 53 RCW: Port Districts
calendar years prior to the filing of such petition. [1971
ex.s. c 162 § 2.]
Harbor improvement plan: RCW 53.20.010.
53.47.030 Petition for dissolution—Filing—
Contents. The county prosecutor of the county in which
such port district is located acting upon his own motion shall
file such petition for dissolution with the clerk of the
superior court of the county in which such inactive port
district is located. Such petition shall:
(1) Describe with certainty the port district which is
declared to be inactive and which is sought to be dissolved;
(2) Allege with particularity that the port district sought
to be dissolved is inactive within the purview of any of the
several particulars set forth in RCW 53.47.020; and
(3) Request that the court find the port district inactive
and declare it dissolved upon such terms and conditions as
the court may impose and declare. [1971 ex.s. c 162 § 3.]
53.47.040 Hearing on petition—Notice, publication—Creditor claims, determination—Terms and
conditions of court order if district to be dissolved. The
superior court, upon the filing of such petition, shall set such
petition for hearing not less than one hundred twenty days
and not more than one hundred eighty days after the date of
filing said petition. Further, the court shall order the clerk
of said court to give notice of the time and place fixed for
the hearing by publication of notice in a newspaper of
general circulation within such district, such publication to
be once each week for three consecutive weeks, the date of
first publication to be not less than thirty nor more than
seventy days prior to the date fixed for the hearing upon
such petition. Said notice shall further provide that all
creditors of said district, including holders of revenue or
general obligation bonds issued by said district, if any, shall
present their claims to the clerk of said court within ninety
days from the date of first publication of said notice, and
that upon failure to do so all such claims will be forever
barred. The clerk shall also mail a copy by ordinary mail of
such notice to all creditors of said district, including holders
of revenue or general obligation bonds issued by said
district, if any, such mailing to be mailed not later than thirty
days after the hearing date has been set. No other or further
notices shall be required at any stage of the proceedings for
dissolution of an inactive port district pursuant to this
chapter.
The clerk, ten days prior to the date set for the hearing,
shall deliver to the court the following:
(1) A list of the liabilities of the port district in detail
with the names and addresses of creditors as then known;
and
(2) A list of the assets of the port district in detail as
then known.
The court upon hearing the petition shall fix and
determine all such claims subject to proof being properly
filed as provided in this section; shall fix and determine the
financial condition of the district as to its assets and liabilities, and if it finds the port district to be inactive in
respect of any standard of inactivity set forth by this chapter,
shall order the port district to be dissolved upon the following terms and conditions:
[Title 53 RCW—page 48]
(1) If there be no outstanding debts, or if the debts be
less than the existing assets, the court shall appoint the
auditor of the county in which the port district is located to
be trustee of the port’s assets and shall empower such person
to wind up and liquidate the affairs of such district in such
manner as the court shall provide and to file his accounting
with the court within ninety days from the date of his
appointment. Upon the filing of such account, the court
shall fix a date for hearing upon the same and upon approval
thereof, if such accounting be the final accounting, shall
enter its order approving the same and declaring the port
district dissolved.
At the request of the trustee the county sheriff may sell,
at public auction, all real and personal property of the port
district. The county sheriff shall cause a notice of such sale
fixing the time and place thereof which shall be at a suitable
place, which will be noted in the advertisement for sale.
Such notice shall contain a description of the property to be
sold and shall be signed by the sheriff or his deputy. Such
notice shall be published at least once in an official newspaper in said county at least ten days prior to the date fixed for
said sale. The sheriff or his deputy shall conduct said sale
and sell the property described in the notice at public auction
to the highest and best bidder for cash, and upon payment of
the amount of such bid shall deliver the said property to
such bidder. The moneys arising from such sale shall be
turned over to the county auditor acting as trustee: PROVIDED, HOWEVER, That the sheriff shall first deduct the
costs and expenses of the sale from the moneys and shall
apply such moneys to pay said costs and expenses.
The court order shall provide that the assets remaining
in the hands of the trustee shall be transferred to any school
district, districts, or portions of districts, lying within the
dissolved port district boundaries. The transfer of assets
shall be prorated to the districts based on the assessed
valuation of said districts.
(2) If the debts exceed the assets of the port district,
then the court shall appoint the auditor of the county in
which a port district is located to be trustee of the port’s
assets for the purpose of conserving the same and of paying
liability of the port district as funds become available
therefor. The trustee shall be empowered to generally
manage, wind up, and liquidate the affairs of such district in
such manner as the court shall provide and to file his accounting with the court within ninety days from the date of
his appointment and as often thereafter as the court shall
provide. The board of county commissioners, acting as pro
tempore port district commissioners under the authority of
RCW 53.36.020 shall levy an annual tax not exceeding
forty-five cents per thousand dollars of assessed value or
such lesser amount as may previously have been voted by
the taxpayers within said district, together with an amount
deemed necessary for payment of the costs and expenses
attendant upon the dissolution of said district, upon all the
taxable property within said district, the amount of such levy
to be determined from time to time by the court. When, as
shown by the final accounting of the trustee, all of the
indebtedness of the district shall have been satisfied, the cost
and expense of the proceeding paid or provided for, and the
affairs of the district wound up, the court shall declare the
district dissolved: PROVIDED, That if the indebtedness be
composed in whole or in part of bonded debt for which a
(2002 Ed.)
Dissolution of Inactive Port Districts
regular program of retirement has been provided, then the
board of county commissioners shall be directed by the court
to continue to make such annual levies as are required for
the purpose of debt service upon said bonded debt. [1973
1st ex.s. c 195 § 59; 1971 ex.s. c 162 § 4.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
53.47.050 Effect of final order of dissolution. Upon
the entry of the final order of dissolution declaring the port
district dissolved all offices of the port district shall be
deemed abolished, and no other or further levy shall be
certified by the county commissioners except pursuant to the
directive of the court as hereinabove provided. [1971 ex.s.
c 162 § 5.]
53.47.900 Chapter cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and
nonexclusive and shall not affect any other remedy. [1971
ex.s. c 162 § 6.]
Chapter 53.48
DISSOLUTION OF PORT AND OTHER DISTRICTS
Sections
53.48.001
Dissolution of certain districts subject to review by boundary review board.
53.48.010 Definitions.
53.48.020 Petition.
53.48.030 Order for hearing—Notice.
53.48.040 Order of dissolution—Sale of assets.
53.48.050 Payment of debts and costs—Balance to school district.
53.48.060 Insolvency—Second hearing.
53.48.070 Notice of second hearing.
53.48.080 Sale of property—Levy to pay deficit.
53.48.090 Order of dissolution or refusal.
53.48.120 Provision for costs and expenses.
53.48.140 Dissolution of district which has no active commission—
Powers of county commissioners.
Dissolution of
air pollution control authorities: RCW 70.94.260.
cemetery districts: RCW 68.52.320.
fire protection districts, election method: RCW 52.10.010.
flood control districts: 1937 act—RCW 86.09.622, 86.09.625.
inactive special purpose districts: Chapter 36.96 RCW.
irrigation districts: Chapters 87.52, 87.53, 87.56 RCW.
metropolitan park districts: RCW 35.61.310.
soil conservation districts: RCW 89.08.350 through 89.08.370.
water-sewer districts, election method: RCW 57.04.090, 57.04.100, and
chapter 53.48 RCW.
53.48.001 Dissolution of certain districts subject to
review by boundary review board. The dissolution of a
metropolitan park district, fire protection district, water-sewer
district, or flood control zone district under chapter 53.48
RCW may be subject to potential review by a boundary
review board under chapter 36.93 RCW. [1999 c 153 § 62;
1989 c 84 § 46.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
53.48.010 Definitions. The following words and
terms shall, whenever used in this chapter, have the meaning
set forth in this section:
(2002 Ed.)
53.47.040
(1) The term "district" as used herein, shall include all
municipal and quasi-municipal corporations having a
governing body, other than cities, towns, counties, and
townships, such as port districts, school districts, water-sewer
districts, fire protection districts, and all other special
districts of similar organization, but shall not include local
improvement districts, diking, drainage and irrigation
districts, special districts as defined in RCW 85.38.010, nor
public utility districts.
(2) The words "board of commissioners," as used
herein, shall mean the governing authority of any district as
defined in subdivision (1) of this section. [1999 c 153 § 63;
1986 c 278 § 17; 1979 ex.s. c 30 § 10; 1941 c 87 § 1; Rem.
Supp. 1941 § 8931-11.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Severability—1986 c 278: See note following RCW 36.01.010.
Purpose—1941 c 87: "This act is intended to authorize the dissolution of all types of municipal corporations having governing bodies, other
than those excepted from the application of this act, in cases where the
occasion or reason for continued existence of such corporation has ceased,
or where the best interests of all persons concerned would be served by
such dissolution, and shall be liberally construed to effect such intent."
[1941 c 87 § 12.]
Severability—1941 c 87: "If any provision of this act or the
application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of the act which
can be given effect without the invalid provision or application, and to this
end the provisions of this act are declared to be severable." [1941 c 87 §
11.]
53.48.020 Petition. For the purpose of dissolution of
a district, a petition for an order of dissolution signed by the
majority of the board of commissioners, or other governing
authority of such district shall be presented to the superior
court of the county in which the board of commissioners is
situated. [1941 c 87 § 2; Rem. Supp. 1941 § 8931-12.]
53.48.030 Order for hearing—Notice. Upon the
filing of such petition for an order of dissolution, the
superior court shall enter an order setting the same for
hearing at a date not less than thirty days from the date of
filing, and the clerk of the court of said county shall give
notice of such hearing by publication in a newspaper of
general circulation in the county in which the district is
located once a week for three successive weeks, and by
posting in three public places in the county in which the
district is located at least twenty-one days before said
hearing. At least one notice shall be posted in the district.
The notices shall set forth the filing of the petition, its
purpose and the date and place of the hearing thereon.
[1941 c 87 § 3; Rem. Supp. 1941 § 8931-13.]
53.48.040 Order of dissolution—Sale of assets.
After said hearing the court shall enter its order dissolving
or refusing to dissolve said district. A finding that the best
interests of all persons concerned will be served by the
proposed dissolution shall be essential to an order of dissolution. If the court find that such district is solvent, the court
shall order the sale of such assets, other than cash, by the
sheriff of the county in which the board is situated, in the
manner provided by law for the sale of property on execution. [1941 c 87 § 4; Rem. Supp. 1941 § 8931-14.]
[Title 53 RCW—page 49]
53.48.040
Title 53 RCW: Port Districts
Execution: Chapter 6.17 RCW.
53.48.050 Payment of debts and costs—Balance to
school district. The proceeds of the sale, together with
moneys on hand in the treasury of the district, shall after
payment of all costs and expenses, be paid to the treasurer
of the same county and placed to the credit of the school
district, or districts, in which such district is situated. [1941
c 87 § 5; Rem. Supp. 1941 § 8931-15.]
Port districts in counties with populations of from eight thousand to less
than twelve thousand—Disposition of funds: Chapter 53.49 RCW.
53.48.060 Insolvency—Second hearing. Upon a
finding of insolvency the court shall then determine the
indebtedness of the district, the creditors thereof and their
claims. The court shall then set a date and a place for a
second hearing, which hearing shall be not less than sixty
days nor more than one hundred twenty days from the
hearing as provided in RCW 53.48.030.
The purpose of such hearing shall be to determine ways
and means of retiring the established indebtedness of the
district and paying all costs and expenses of proceedings
hereunder. Such ways and means may include the levy of
assessments against the property in the district as provided
in RCW 53.48.080. [1941 c 87 § 6; Rem. Supp. 1941 §
8931-16.]
53.48.070 Notice of second hearing. The clerk shall
give notice of the second hearing by publication in a
newspaper of general circulation in the county in which the
district is located once a week for three successive weeks,
and by posting in three public places in the county in which
the district is located at least twenty-one days before the
hearing, and shall give such other notice to creditors and
other interested parties as the court may deem necessary or
advisable. At least one notice shall be posted in the district.
The notices shall set forth the filing of the petition, its
purpose, the finding of the court on the petition, the date and
place of the second hearing and the purpose of the hearing
as stated in RCW 53.48.060. [1941 c 87 § 7; Rem. Supp.
1941 § 8931-17.]
53.48.080 Sale of property—Levy to pay deficit. At
the second hearing the court shall have authority to order the
sale of any district property. If the proceeds of such sale
together with any cash remaining on hand to the credit of the
district are insufficient to retire such indebtedness together
with all costs and expenses, the court shall have authority to
order the board of commissioners to levy assessments in the
manner provided by law against the property in the district
in amounts sufficient to retire said indebtedness and pay the
costs and expenses. At such hearing any property owner
within the district may appear and be heard for or against
such levy. [1941 c 87 § 8; Rem. Supp. 1941 § 8931-18.]
order dissolving or refusing to dissolve said district. [1941
c 87 § 9; Rem. Supp. 1941 § 8931-19.]
53.48.120 Provision for costs and expenses. In all
proceedings brought under this chapter the court shall make
provision for the costs and expenses of proceedings hereunder and for the payment of the same. [1941 c 87 § 10;
Rem. Supp. 1941 § 8931-20.]
53.48.140 Dissolution of district which has no active
commission—Powers of county commissioners. See RCW
53.46.060.
Chapter 53.49
DISPOSITION OF FUNDS ON DISSOLUTION OF
CERTAIN DISTRICTS
Sections
53.49.010
53.49.020
Port districts in counties with populations of from eight
thousand to less than twelve thousand—Disposition of
funds.
Port districts in counties with populations of from eight
thousand to less than twelve thousand—Order to transfer
funds.
53.49.010 Port districts in counties with populations
of from eight thousand to less than twelve thousand—
Disposition of funds. Whenever any port district located in
any county with a population of from eight thousand to less
than twelve thousand shall be dissolved and disestablished or
is about to be dissolved and disestablished and any sums of
money remain in any of its funds, the port commissioners
are authorized and directed to apply by petition, which may
be filed without fee, to the superior court of such county for
an order authorizing the transfer of such funds to the school
district fund or if there be more than one such district, the
school district funds of all districts, which are located within
the boundaries of such port district. [1991 c 363 § 134;
1943 c 282 § 1; Rem. Supp. 1943 § 9718-10. Formerly
RCW 53.48.100.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
53.49.020 Port districts in counties with populations
of from eight thousand to less than twelve thousand—
Order to transfer funds. The superior court of any such
county shall enter his order authorizing such transfer of
funds if he is satisfied, after hearing the petition therefor,
that the port district is dissolved and disestablished or is
about to be dissolved and disestablished and that no obligations of the port district remain unpaid. The court shall
equitably divide such sums of money between school
districts if there be more than one district involved. [1943
c 282 § 2; Rem. Supp. 1943 § 9718-11. Formerly RCW
53.48.110.]
53.48.090 Order of dissolution or refusal. After the
indebtedness of the district has been settled or paid, the court
shall determine whether the best interests of all persons
concerned will be served by the proposed dissolution and
shall make a finding thereon. The court shall then enter its
[Title 53 RCW—page 50]
(2002 Ed.)
Aircraft Noise Abatement
Chapter 53.54
AIRCRAFT NOISE ABATEMENT
Sections
53.54.010
53.54.020
53.54.030
53.54.040
53.54.900
53.54.910
Programs for abatement of aircraft noise authorized.
Investigation and monitoring of noise impact—Programs to
conform to needs—"Impacted areas."
Authorized programs—When property deemed within impacted area.
Fund authorized—Sources.
Liberal construction—Powers additional.
Severability—1974 ex.s. c 121.
53.54.010 Programs for abatement of aircraft noise
authorized. A port district operating an airport serving
more than twenty scheduled jet aircraft flights per day may
undertake any of the programs or combinations of such programs, as authorized by this chapter, for the purpose of
alleviating and abating the impact of jet aircraft noise on
areas surrounding such airport. [1974 ex.s. c 121 § 1.]
53.54.020 Investigation and monitoring of noise
impact—Programs to conform to needs—"Impacted areas." Prior to initiating programs as authorized in this
chapter, the port commission shall undertake the investigation and monitoring of aircraft noise impact to determine the
nature and extent of the impact. The port commission shall
adopt a program of noise impact abatement based upon the
investigations and as amended periodically to conform to
needs demonstrated by the monitoring programs: PROVIDED, That in no case may the port district undertake any of
the programs of this chapter in an area which is more than
six miles beyond the paved end of any runway or more than
one mile from the centerline of any runway or from an
imaginary runway centerline extending six miles from the
paved end of such runway. Such areas as determined above,
shall be known as "impacted areas". [1984 c 193 § 1; 1979
c 85 § 1; 1974 ex.s. c 121 § 2.]
53.54.030 Authorized programs—When property
deemed within impacted area. For the purposes of this
chapter, in developing a remedial program, the port commission may utilize one or more of the following programs:
(1) Acquisition of property or property rights within the
impacted area, which shall be deemed necessary to accomplish a port purpose. The port district may purchase such
property or property rights by time payment notwithstanding
the time limitations provided for in RCW 53.08.010. The
port district may mortgage or otherwise pledge any such
properties acquired to secure such transactions. The port
district may assume any outstanding mortgages.
(2) Transaction assistance programs, including assistance
with real estate fees and mortgage assistance, and other
neighborhood remedial programs as compensation for
impacts due to aircraft noise and noise associated conditions.
Any such programs shall be in connection with properties
located within an impacted area and shall be provided upon
terms and conditions as the port district shall determine
appropriate.
(3) Programs of soundproofing structures located within
an impacted area. Such programs may be executed without
regard to the ownership, provided the owner waives damages
(2002 Ed.)
Chapter 53.54
and conveys an easement for the operation of aircraft, and
for noise and noise associated conditions therewith, to the
port district.
(4) Mortgage insurance of private owners of lands or
improvements within such noise impacted area where such
private owners are unable to obtain mortgage insurance
solely because of noise impact. In this regard, the port
district may establish reasonable regulations and may impose
reasonable conditions and charges upon the granting of such
mortgage insurance: PROVIDED, That such fees and
charges shall at no time exceed fees established for federal
mortgage insurance programs for like service.
(5) An individual property may be provided benefits by
the port district under each of the programs described in
subsections (1) through (4) of this section. However, an
individual property may not be provided benefits under any
one of these programs more than once, unless the property
is subjected to increased aircraft noise or differing aircraft
noise impacts that would have afforded different levels of
mitigation, even if the property owner had waived all damages and conveyed a full and unrestricted easement.
(6) Management of all lands, easements, or development
rights acquired, including but not limited to the following:
(a) Rental of any or all lands or structures acquired;
(b) Redevelopment of any such lands for any economic
use consistent with airport operations, local zoning and the
state environmental policy;
(c) Sale of such properties for cash or for time payment
and subjection of such property to mortgage or other security
transaction: PROVIDED, That any such sale shall reserve
to the port district by covenant an unconditional right of
easement for the operation of all aircraft and for all noise or
noise conditions associated therewith.
(7) A property shall be considered within the impacted
area if any part thereof is within the impacted area. [1993
c 150 § 1; 1985 c 115 § 1; 1974 ex.s. c 121 § 3.]
53.54.040 Fund authorized—Sources. A port district
may establish a fund to be utilized in effectuating the intent
of this chapter. The port district may finance such fund by:
The proceeds of any grants or loans made by federal
agencies; rentals, charges and other revenues as may be
generated by programs authorized by this chapter, airport
revenues; and revenue bonds based upon such revenues.
The port district may also finance such fund, as necessary,
in whole or in part, with the proceeds of general obligation
bond issues of not more than one-eighth of one percent of
the value of taxable property in the port district: PROVIDED, That any such bond issue shall be in addition to bonds
authorized by RCW 53.36.030: PROVIDED FURTHER,
That any such general obligation bond issue may be subject
to referendum by petition as provided by county charter, the
same as if it were a county ordinance. [1974 ex.s. c 121 §
4.]
53.54.900 Liberal construction—Powers additional.
The rule of strict construction shall have no application to
this chapter, which shall be liberally construed to carry out
the purposes and objects for which this chapter is intended.
The powers granted in this chapter shall be in addition to all
others granted to port districts. [1974 ex.s. c 121 § 5.]
[Title 53 RCW—page 51]
53.54.910
Title 53 RCW: Port Districts
53.54.910 Severability—1974 ex.s. c 121. If any
provision of this 1974 act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances shall not be affected. [1974 ex.s. c 121 § 7.]
[Title 53 RCW—page 52]
(2002 Ed.)
Title 54
PUBLIC UTILITY DISTRICTS
Chapters
54.04
54.08
54.12
54.16
54.20
54.24
54.28
54.32
54.36
54.40
54.44
54.48
54.52
54.04.055
General provisions.
Formation—Dissolution—Elections.
Commissioners.
Powers.
Condemnation proceedings.
Finances.
Privilege taxes.
Consolidation and annexation.
Liability to other taxing districts.
Five commissioner districts.
Nuclear, thermal, electric generating power
facilities—Joint development.
Agreements between electrical public utilities
and cooperatives.
Voluntary contributions to assist low-income
customers.
Acquisition of electrical distribution property from public utility district by
cities and towns: RCW 35.92.054.
Conversion of overhead electric utility to underground: Chapter 35.96
RCW, RCW 36.88.410 through 36.88.485.
Conveyance of real property by public bodies—Recording: RCW
65.08.095.
Credit card use by local governments: RCW 43.09.2855.
Electric energy, falling waters—Sale or purchase authorized: RCW
43.52.410.
Hospitalization and medical aid for public employees and dependents—
Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Joint operating agencies: Chapter 43.52 RCW.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Municipal corporation may authorize investment of funds which are in
custody of county treasurer or other municipal corporation treasurer:
RCW 36.29.020.
Municipal utilities: Chapter 35.92 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Water-sewer districts, disposition of property to public utility district:
Chapter 57.42 RCW.
Chapter 54.04
GENERAL PROVISIONS
Sections
54.04.010
54.04.020
54.04.030
54.04.035
54.04.037
54.04.040
54.04.045
54.04.050
(2002 Ed.)
Definitions.
Districts authorized.
Restrictions on invading other municipalities.
Annexation of territory.
Annexation of territory—Coordination among county officials.
Utilities within a city or town—Restrictions.
Locally regulated utilities—Attachments to poles.
Group employee insurance—Annuities—Retirement income
policies.
Employee benefits—District may continue to pay premiums
after employee retires.
54.04.060 District elections.
54.04.070 Contracts for work or materials—Notice—Exemptions.
54.04.080 Bids—Deposit—Low bidder claiming error—Contract—
Bond—Definitions.
54.04.082 Alternative bid procedure.
54.04.085 Electrical facility construction or improvement—Bid proposals—Contract proposal forms—Conditions for issuance—Appeals.
54.04.090 Minimum wages.
54.04.092 Application of RCW 54.04.070 through 54.04.090 to certain
service provider agreements under chapter 70.150 RCW.
54.04.100 Wholesale power—Procedure as to rate filing—Definition—
Duty to furnish to district.
54.04.120 Planning powers.
54.04.130 Employee benefit plans when private utility acquired—
Rights, powers and duties as to existing private employee benefit plans.
54.04.140 Employee benefit plans when private utility acquired—
Admission to district’s employee plan—Service credit—
Contributions—Benefits.
54.04.150 Employee benefit plans when private utility acquired—
Agreements and contracts—Prior rights preserved.
54.04.160 Assumption of obligations of private pension plan when
urban transportation system acquired.
54.04.170 Collective bargaining authorized for employees.
54.04.180 Collective bargaining authorized for districts.
Lien for labor and materials on public works: Chapter 60.28 RCW.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Traffic control at work sites: RCW 47.36.200 through 47.36.230.
Utility poles, unlawful to attach object to: RCW 70.54.090 and 70.54.100.
54.04.010 Definitions. As used in this title "revenue
obligation" or "revenue obligations" mean and include bonds,
notes, warrants, certificates of indebtedness, or any other
evidences of indebtedness issued by a district which, by the
terms thereof, shall be payable from the revenues of its
public utilities. [1959 c 218 § 14.]
"Wholesale power" defined: RCW 54.04.100.
54.04.020 Districts authorized. Municipal corporations, to be known as public utility districts, are hereby
authorized for the purposes of chapter 1, Laws of 1931 and
may be established within the limits of the state of Washington, as provided herein. [1931 c 1 § 2; RRS § 11606.]
Purpose—1931 c 1: "The purpose of this act is to authorize the
establishment of public utility districts to conserve the water and power
resources of the State of Washington for the benefit of the people thereof,
and to supply public utility service, including water and electricity for all
uses." [1931 c 1 § 1.]
Severability—Construction—1931 c 1: "Adjudication of invalidity
of any section, clause or part of a section of this act shall not impair or
otherwise affect the validity of the act as a whole or any other part thereof.
The rule of strict construction shall have no application to this act, but
the same shall be liberally construed, in order to carry out the purposes and
objects for which this act is intended.
[Title 54 RCW—page 1]
54.04.020
Title 54 RCW: Public Utility Districts
When this act comes in conflict with any provision, limitation or
restriction in any other law, this act shall govern and control." [1931 c 1
§ 11.]
54.04.030 Restrictions on invading other municipalities. Chapter 1, Laws of 1931, shall not be deemed or
construed to repeal or affect any existing act, or any part
thereof, relating to the construction, operation and maintenance of public utilities by irrigation or water-sewer districts
or other municipal corporations, but shall be supplemental
thereto and concurrent therewith. No public utility district
created hereunder shall include therein any municipal
corporation, or any part thereof, where such municipal
corporation already owns or operates all the utilities herein
authorized: PROVIDED, that in case it does not own or
operate all such utilities it may be included within such
public utility district for the purpose of establishing or
operating therein such utilities as it does not own or operate:
PROVIDED, FURTHER, That no property situated within
any irrigation or water-sewer districts or other municipal
corporations shall ever be taxed or assessed to pay for any
utility, or part thereof, of like character to any utility, owned
or operated by such irrigation or water districts or other
municipal corporations. [1999 c 153 § 64; 1931 c 1 § 12;
RRS § 11616.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Irrigation districts: Title 87 RCW.
Municipal utilities: RCW 80.04.500, 81.04.490 and chapter 35.92 RCW.
Water-sewer districts: Title 57 RCW.
54.04.035 Annexation of territory. In addition to
other powers authorized in Title 54 RCW, public utility
districts may annex territory as provided in this section.
The boundaries of a public utility district may be
enlarged and new contiguous territory added pursuant to the
procedures for annexation by cities and towns provided in
RCW 35.13.015 through 35.13.110. The provisions of these
sections concerning community municipal corporations,
review boards, and comprehensive plans, however, do not
apply to public utility district annexations. For purposes of
conforming with such procedures, the public utility district
is deemed to be the city or town and the board of commissioners is deemed to be the city or town legislative body.
Annexation procedures provided in this section may
only be used to annex territory that is both: (1) Contiguous
to the annexing public utility district; and (2) located within
the service area of the annexing public utility district. As
used in this section, a public utility district’s "service area"
means those areas whether located within or outside of the
annexing public utility district’s boundaries that were
generally served with electrical energy by the annexing
public utility district on January 1, 1987. Such service area
may, or may not, have been recognized in an agreement
made under chapter 54.48 RCW, but no area may be
included within such service area that was generally served
with electrical energy on January 1, 1987, by another public
utility as defined in RCW 54.48.010. An area proposed to
be annexed may be located in the same or a different county
as the annexing public utility district.
If an area proposed to be annexed is located within the
boundaries of another public utility district, annexation may
[Title 54 RCW—page 2]
be initiated only upon petition of registered voters residing
in the area in accordance with RCW 35.13.020 and adoption
by the boards of commissioners of both districts of identical
resolutions stating (a) the boundaries of the area to be
annexed, (b) a determination that annexation is in the public
interest of the residents of the area to be annexed as well as
the public interest of their respective districts, (c) approval
of annexation by the board, (d) the boundaries of the
districts after annexation, (e) the disposition of any assets of
the districts in the area to be annexed, (f) the obligations to
be assumed by the annexing district, (g) apportionment of
election costs, and (h) that voters in the area to be annexed
will be advised of lawsuits that may impose liability on the
annexed territory and the possible impact of annexation on
taxes and utility rates.
If annexation is approved, the area annexed shall cease
to be a part of the one public utility district at the same time
that it becomes a part of the other district. The annexing
public utility district shall assume responsibility for providing the area annexed with the services provided by the other
public utility district in the area annexed. [1987 c 292 § 2;
1983 c 101 § 1.]
Consolidation and annexation: Chapter 54.32 RCW.
54.04.037 Annexation of territory—Coordination
among county officials. When territory has been added to
a public utility district in accordance with RCW 54.04.035,
the supervisor of elections and other officers of the county
in which the public utility district first operated shall
coordinate elections, the levy and collection of taxes, and
other necessary duties with the appropriate county officials
of the other county. [1987 c 292 § 3.]
54.04.040 Utilities within a city or town—
Restrictions. A district shall not construct any property to
be utilized by it in the operation of a plant or system for the
generation, transmission, or distribution of electric energy for
sale, on the streets, alleys, or public places within a city or
town without the consent of the governing body of the city
or town and approval of the plan and location of the construction, which shall be made under such reasonable terms
as the city or town may impose. All such properties shall be
maintained and operated subject to such regulations as the
city or town may prescribe under its police power. [1957 c
278 § 9. Prior: (i) 1941 c 245 § 3a; Rem. Supp. 1941 §
11616-4. (ii) 1941 c 245 § 1, part; Rem. Supp. 1941 §
11616-1.]
54.04.045 Locally regulated utilities—Attachments
to poles. (1) As used in this section:
(a) "Attachment" means the affixation or installation of
any wire, cable or other physical material capable of
carrying electronic impulses or light waves for the carrying
of intelligence for telecommunications or television, including, but not limited to cable, and any related device,
apparatus, or auxiliary equipment upon any pole owned or
controlled in whole or in part by one or more locally
regulated utilities where the installation has been made with
the necessary consent.
(2002 Ed.)
General Provisions
(b) "Locally regulated utility" means a public utility
district not subject to rate or service regulation by the
utilities and transportation commission.
(c) "Nondiscriminatory" means that pole owners may
not arbitrarily differentiate among or between similar classes
of persons approved for attachments.
(2) All rates, terms, and conditions made, demanded or
received by a locally regulated utility for attachments to its
poles must be just, reasonable, nondiscriminatory and
sufficient. A locally regulated utility shall levy attachment
space rental rates that are uniform for the same class of
service within the locally regulated utility service area.
(3) Nothing in this section shall be construed or is
intended to confer upon the utilities and transportation
commission any authority to exercise jurisdiction over
locally regulated utilities. [1996 c 32 § 5.]
54.04.050 Group employee insurance—Annuities—
Retirement income policies. (1) Subject to chapter 48.62
RCW, any public utility district engaged in the operation of
electric or water utilities may enter into contracts of group
insurance for the benefit of its employees, and pay all or any
part of the premiums for such insurance. Such premiums
shall be paid out of the revenues derived from the operation
of such properties: PROVIDED, That if the premium is to
be paid by the district and employees jointly, and the
benefits of the policy are offered to all eligible employees,
not less than seventy-five percent of such employees may be
so insured.
(2) A public utility district whose employees or officials
are not members of the state retirement system engaged in
the operation of electric or water utilities may contract for
individual annuity contracts, retirement income policies or
group annuity contracts, including prior service, to provide
a retirement plan, or any one or more of them, and pay all
or any part of the premiums therefor out of the revenue
derived from the operation of its properties. [1991 sp.s. c 30
§ 23; 1984 c 15 § 1; 1959 c 233 § 1; 1941 c 245 § 8; Rem.
Supp. 1941 § 11616-6.]
Effective date, implementation, application—Severability—1991
sp.s. c 30: See RCW 48.62.900 and 48.62.901.
Severability—1941 c 245: "If any section or provision of this act
shall be adjudged to be invalid, such adjudication shall not affect the
validity of the act as a whole or any section, provision or part thereof not
adjudged to be invalid." [1941 c 245 § 11.]
Group insurance: Chapters 48.21 and 48.24 RCW.
Hospitalization and medical insurance authorized: RCW 41.04.180.
54.04.055 Employee benefits—District may continue
to pay premiums after employee retires. Any public
utility district which provides for the coverage of any of its
employees under any plan for individual annuity contracts,
retirement income policies, group annuity contracts, group
insurance for the benefit of its employees, or any other
contract for the benefit of its employees, and pays all or any
part of the premiums or other payments required therefor, is
hereby authorized to continue to make such payments for
such employees after their retirement from employment.
Such payments agreed to by the public utility district shall
be considered as deferred compensation. Such payments
shall not be retroactive but shall only be available for those
employees employed on or after August 6, 1965 provided
(2002 Ed.)
54.04.045
that such payments for retired employees shall not exceed
those being paid for regular employees. [1965 ex.s. c 149
§ 1.]
54.04.060 District elections. The supervisor of
elections or other proper officer of the county shall give
notice of all elections held under this title, for the time and
in the manner and form provided for city, town, school
district, and port district elections. When the supervisor or
other officer deems an emergency exists, and is requested so
to do by a resolution of the district commission, he may call
a special election at any time in the district, and he may
combine or divide precincts for the purpose of holding
special elections, and special elections shall be conducted
and notice thereof given in the manner provided by law.
The supervisor or other officer shall provide polling
places, appoint the election officers, provide their compensation, provide ballot boxes, and ballots or voting machines,
poll books and tally sheets, and deliver them to the election
officers at the polling places, publish and post notices of the
elections in the manner provided by law, and apportion to
the district its share of the expense of the election.
The manner of conducting and voting at the elections,
opening and closing of polls, keeping of poll lists, canvassing the votes, declaring the result, and certifying the returns,
shall be the same as for the election of state and county
officers, except as otherwise provided herein.
The district commission shall certify to the supervisor
a list of offices to be filled at a district election and the
commission, if it desires to submit to the voters of the
district a proposition, shall require the secretary of the commission to certify it at the time and in the manner and form
provided for certifying propositions by the governing board
of cities, towns, and port districts. [1951 c 207 § 1; 1941 c
245 § 5; 1931 c 1 § 5; RRS § 11609.]
Notice of election: RCW 29.27.080.
54.04.070 Contracts for work or materials—
Notice—Exemptions. Any item, or items of the same kind
of materials, equipment, or supplies purchased, the estimated
cost of which is in excess of ten thousand dollars, exclusive
of sales tax shall be by contract: PROVIDED, That a
district may make purchases of the same kind of items of
materials, equipment and supplies not exceeding five
thousand dollars in any calendar month without a contract,
purchasing any excess thereof over five thousand dollars by
contract. Any work ordered by a district commission, the
estimated cost of which is in excess of ten thousand dollars
exclusive of sales tax, shall be by contract, except that a
district commission may have its own regularly employed
personnel perform work which is an accepted industry
practice under prudent utility management without a contract.
Prudent utility management means performing work with
regularly employed personnel utilizing material of a worth
not exceeding fifty thousand dollars in value without a
contract: PROVIDED, That such limit on the value of
material being utilized in work being performed by regularly
employed personnel shall not include the value of individual
items of equipment purchased or acquired and used as one
unit of a project. Before awarding such a contract, the
commission shall publish a notice once or more in a newspa[Title 54 RCW—page 3]
54.04.070
Title 54 RCW: Public Utility Districts
per of general circulation in the district at least thirteen days
before the last date upon which bids will be received,
inviting sealed proposals for the work or materials; plans and
specifications of which shall at the time of the publication be
on file at the office of the district subject to public inspection. Any published notice ordering work to be performed
for the district shall be mailed at the time of publication to
any established trade association which files a written
request with the district to receive such notices. The
commission may at the same time and as part of the same
notice, invite tenders for the work or materials upon plans
and specifications to be submitted by the bidders.
All contract projects equal to or in excess of one
hundred thousand dollars shall be let by competitive bidding
unless the public utility district lets contracts using the small
works roster process under RCW 39.04.155.
Whenever equipment or materials required by a district
are held by a governmental agency and are available for sale
but such agency is unwilling to submit a proposal, the
commission may ascertain the price of such items and file a
statement of such price supported by the sworn affidavit of
one member of the commission and may consider such price
as a bid without a deposit or bond.
The commission may waive the competitive bidding
requirements of this section pursuant to RCW 39.04.280 if
an exemption contained within that section applies to the
purchase or public work. [2002 c 72 § 2; 2000 c 138 § 211;
1998 c 278 § 7; 1993 c 198 § 14; 1990 c 251 § 1; 1971
ex.s. c 220 § 4; 1955 c 124 § 2. Prior: 1951 c 207 § 2;
1931 c 1 § 8, part; RRS § 11612, part.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Contracts with state department of transportation: RCW 47.01.210.
Emergency public works: Chapter 39.28 RCW.
Prevailing wages on public works: Chapter 39.12 RCW.
Public purchase preferences: Chapter 39.24 RCW.
54.04.080 Bids—Deposit—Low bidder claiming
error—Contract—Bond—Definitions. Any notice inviting
sealed bids shall state generally the work to be done, or the
material to be purchased and shall call for proposals for furnishing it, to be sealed and filed with the commission on or
before the time named therein. Each bid shall be accompanied by a certified or cashier’s check, payable to the order
of the commission, for a sum not less than five percent of
the amount of the bid, or accompanied by a bid bond in an
amount not less than five percent of the bid with a corporate
surety licensed to do business in the state, conditioned that
the bidder will pay the district as liquidated damages the
amount specified in the bond unless he or she enters into a
contract in accordance with his or her bid and furnishes the
performance bond within ten days from the date on which he
or she is notified that he or she is the successful bidder. A
low bidder who claims error and fails to enter into a contract
is prohibited from bidding on the same project if a second or
subsequent call for bids is made for the project.
At the time and place named, the bids shall be publicly
opened and read, and the commission shall canvass the bids,
and may let the contract to the lowest responsible bidder
upon the plans and specifications on file, or to the best
bidder submitting his or her own plans or specifications; or
[Title 54 RCW—page 4]
if the contract to be let is to construct or improve electrical
facilities, the contract may be let to the lowest bidder
prequalified according to the provisions of RCW 54.04.085
upon the plans and specifications on file, or to the best
bidder submitting his or her own plans and specifications:
PROVIDED, That no contract shall be let for more than
fifteen percent in excess of the estimated cost of the materials or work. The commission may reject all bids and
readvertise, and in such case all checks shall be returned to
the bidders. The commission may procure materials in the
open market, have its own personnel perform the work or
negotiate a contract for such work to be performed by others, in lieu of readvertising, if it receives no bid. If the contract is let, all checks shall be returned to the bidders, except
that of the successful bidder, which shall be retained until a
contract is entered into and a bond to perform the work
furnished, with sureties satisfactory to the commission, in an
amount to be fixed by the commission, not less than twentyfive percent of the contract price, in accordance with the bid.
If the bidder fails to enter into the contract and furnish the
bond within ten days from the date at which he or she is
notified that he or her [she] is the successful bidder, his or
her check and the amount thereof shall be forfeited to the
district.
The commission shall, by resolution, define the term
"same kind of materials, equipment, and supplies" with
respect to purchase of items under the provisions of RCW
54.04.070.
The term "construction or improvement of any electrical
facility" as used in this section and in RCW 54.04.085, shall
mean the construction, the moving, maintenance, modification, or enlargement of facilities primarily used or to be used
for the transmission or distribution of electricity at voltages
above seven hundred fifty volts, including structures directly
supporting transmission or distribution conductors but not including site preparation, housing, or protective fencing
associated with but not included in a contract for such
construction, moving, modification, maintenance, or enlargement of such facilities.
The commission shall be the final authority with regard
to whether a bid is responsive to the call for bids and as to
whether a bidder is a responsible bidder under the conditions
of his or her bid. No award of contract shall be invalidated
solely because of the failure of any prospective bidder to
receive an invitation to bid. [1996 c 18 § 12; 1972 ex.s. c
41 § 1; 1971 ex.s. c 220 § 3; 1955 c 124 § 3. Prior: 1951
c 207 § 3; 1931 c 1 § 8, part; RRS § 11612, part.]
54.04.082 Alternative bid procedure. For the
awarding of a contract to purchase any item, or items of the
same kind of materials, equipment, or supplies in an amount
exceeding ten thousand dollars, but less than fifty thousand
dollars, exclusive of sales tax, the commission may, in lieu
of the procedure described in RCW 54.04.070 and 54.04.080
requiring public notice to invite sealed proposals for such
materials, equipment, or supplies, pursuant to commission
resolution use the process provided in RCW 39.04.190.
Waiver of the deposit or bid bond required under RCW
54.04.080 may be authorized by the commission in securing
such bid quotations. [2002 c 72 § 1; 1995 c 354 § 1; 1993
c 198 § 15; 1977 ex.s. c 116 § 1.]
(2002 Ed.)
General Provisions
54.04.085 Electrical facility construction or improvement—Bid proposals—Contract proposal forms—
Conditions for issuance—Appeals. A district shall require
that bid proposals upon any construction or improvement of
any electrical facility shall be made upon contract proposal
form supplied by the district commission, and in no other
manner. The district commission shall, before furnishing
any person, firm or corporation desiring to bid upon any
electrical work with a contract proposal form, require from
such person, firm or corporation, answers to questions
contained in a standard form of questionnaire and financial
statement, including a complete statement of the financial
ability and experience of such person, firm, or corporation in
performing electrical work. Such questionnaire shall be
sworn to before a notary public or other person authorized
to take acknowledgment of deeds, and shall be submitted
once a year and at such other times as the district commission may require. Whenever the district commission is not
satisfied with the sufficiency of the answers contained in
such questionnaire and financial statement or whenever the
district commission determines that such person, firm, or
corporation does not meet all of the requirements hereinafter
set forth it may refuse to furnish such person, firm or
corporation with a contract proposal form and any bid
proposal of such person, firm or corporation must be
disregarded. In order to obtain a contract proposal form, a
person, firm or corporation shall have all of the following
requirements:
(1) Adequate financial resources, or the ability to secure
such resources;
(2) The necessary experience, organization, and technical qualifications to perform the proposed contract;
(3) The ability to comply with the required performance
schedule taking into consideration all of its existing business
commitments;
(4) A satisfactory record of performance, integrity,
judgment and skills; and
(5) Be otherwise qualified and eligible to receive an
award under applicable laws and regulations.
Such refusal shall be conclusive unless appeal therefrom
to the superior court of the county where the utility district
is situated or Thurston county be taken within fifteen days,
which appeal shall be heard summarily within ten days after
the same is taken and on five days’ notice thereof to the district commission. [1971 ex.s. c 220 § 2.]
54.04.090 Minimum wages. Each contractor and
subcontractor performing work for a public utility district or
a local utility district within a public utility district shall pay
or cause to be paid to its employees on the work or under
the contract or subcontract, not less than the minimum scale
fixed by the resolution of the commission prior to the notice
and call for bids on the work. The commission, in fixing the
minimum scale of wages, shall fix them as nearly as possible
to the current prevailing wages within the district for work
of like character. [1955 c 124 § 4. Prior: 1931 c 1 § 8,
part; RRS § 11612, part.]
Prevailing wages on public works: Chapter 39.12 RCW.
54.04.092 Application of RCW 54.04.070 through
54.04.090 to certain service provider agreements under
(2002 Ed.)
54.04.085
chapter 70.150 RCW. RCW 54.04.070 through 54.04.090
shall not apply to agreements entered into under authority of
chapter 70.150 RCW provided there is compliance with the
procurement procedure under RCW 70.150.040. [1986 c
244 § 14.]
Severability—1986 c 244: See RCW 70.150.905.
54.04.100 Wholesale power—Procedure as to rate
filing—Definition—Duty to furnish to district. Whenever
a decree of public use and necessity heretofore has been or
hereafter shall be entered in condemnation proceedings conducted by a public utility district for the acquisition of
electrical distribution properties, or whenever it has executed
a contract for the purchase of such properties, the district
may cause to be filed with the utilities and transportation
commission a copy of such contract or a certified copy of
the decree, together with a petition requesting that the
commission cause a rate to be filed with it for the sale of
wholesale power to the district. Thereupon the utilities and
transportation commission shall order that a rate be filed
with the commission forthwith for the sale of wholesale
power to such district. The term "wholesale power" means
electric energy sold for purposes of resale. The commission
shall have authority to enter such order as to any public
service corporation which owns or operates the electrical
distribution properties being condemned or purchased or as
to any such corporation which owns or operates transmission
facilities within a reasonable distance of such distribution
properties and which engages in the business of selling
wholesale power, pursuant to contract or otherwise. The rate
filed shall be for the period of service specified by the
district, or if the district does not specify a particular period,
such rate shall apply from the commencement of service
until the district terminates same by thirty days’ written
notice.
Upon reasonable notice, any such public service
corporation shall furnish wholesale power to any public
utility district owning or operating electrical distribution
properties. Whenever a public service corporation shall
furnish wholesale power to a district and the charge or rate
therefor is reviewed by the commission, such reasonable rate
as the commission finally may fix shall apply as to power
thereafter furnished and as to that previously furnished under
such charge or rate from the time that the complaint concerning the same shall have been filed by the commission or
the district, as the case may be. [1983 c 4 § 5; 1945 c 130
§ 2; Rem. Supp. 1945 § 10459-12. Formerly RCW
54.04.010, 54.04.100, and 54.04.110.]
Purpose—1945 c 130: "The legislature has found that the public
utility districts of this state, including several which at the present moment
are completing the acquisition of electrical properties and the sale of
revenue bonds, have immediate need for this act, in order to effectuate
timely arrangements for their wholesale power requirements, clarify their
condemnation procedure, and plan their operations." [1945 c 130 § 1.]
Severability—1945 c 130: "If any section or provision of this act
shall be adjudged to be invalid, such adjudication shall not affect the
validity of the act as a whole or any section, provision or part thereof not
adjudged to be invalid." [1945 c 130 § 5.]
54.04.120 Planning powers. In order that the
commissioners of a public utility district may be better able
to plan for the marketing of power and for the development
of resources pertaining thereto, they shall have the same
[Title 54 RCW—page 5]
54.04.120
Title 54 RCW: Public Utility Districts
powers as are vested in a board of county commissioners as
provided in *chapter 44, Laws of 1935 (sections 9322-2 to
9322-4, both inclusive, and 9322-10 to 9322-11 inclusive,
Remington’s Revised Statutes, also Pierce’s Perpetual Code
776-3 to -7, 776-19 and -21), entitled: "An Act relating to
city, town, county and regional planning and the creation,
organization, duties and powers of planning commissions."
For the purposes of such act, the president of a public utility
district shall have the powers of the chairman of the board
of county commissioners, and a planning commission created
hereunder shall have the same powers, enumerated in the
above sections, with reference to a public utility district as
a county planning commission has with reference to a
county. However, this section shall not be construed to
grant the power to adopt, regulate, or enforce comprehensive
plans, zoning, land use, or building codes. [1985 c 95 § 1;
1945 c 130 § 4; Rem. Supp. 1945 § 10459-14.]
*Reviser’s note: The portions of chapter 44, Laws of 1935 compiled
as RRS §§ 9322-2 to 9322-4 and 9322-10 to 9322-11 are codified in RCW
35.63.020 through 35.63.070.
Purpose—Severability—1945 c 130: See notes following RCW
54.04.100.
54.04.130 Employee benefit plans when private
utility acquired—Rights, powers and duties as to existing
private employee benefit plans. Whenever any municipal
corporation acquires by condemnation or otherwise any
utility which at the time of acquisition is in private ownership and the employees of such private utility have been for
at least two years and are at the time of acquisition covered
by any plan for individual annuity contracts, retirement
income policies, group annuity contracts, group insurance for
the benefit of employees, or any other contract for the
benefit of employees, such district shall, when the personnel
is retained by the district, assume all of the obligations and
liabilities of the private utility acquired with relation to such
plan and the employees covered thereby at the time of
acquisition; or the municipal corporation may by agreement
with a majority of the employees affected substitute a plan
or contract of the same or like nature. The municipal
corporations acquiring such private utility shall proceed in
such manner as is necessary so as not to reduce or impair
any benefits or privileges which such employees would have
received or be entitled to had such acquisition not been
effected. The district may pay all or any part of the premiums or other payments required therefor out of the revenue
derived from the operation of its properties. [1961 c 139 §
1.]
54.04.140 Employee benefit plans when private
utility acquired—Admission to district’s employee plan—
Service credit—Contributions—Benefits. Any person
affected by RCW 54.04.130 who was employed by the
private utility at the time of acquisition may, at his option,
apply to the district and/or appropriate officers, for admission to any plan available to other employees of the district.
Every such person who was covered at the time of acquisition by a plan with the private utility shall have added and
accredited to his period of employment his period of
immediately preceding continuous service with such private
utility if he remains in the service of the municipal corpora[Title 54 RCW—page 6]
tion until such plan for which he seeks admission becomes
applicable to him.
No such person shall have added and accredited to his
period of employment his period of service with said private
utility unless he or a third party shall pay to the appropriate
officer or fund of the plan to which he requests admission
his contribution for the period of such service with the
private utility at the rate provided in or for such plan to
which he desires admission, or if he shall be entitled to any
private benefits, as a result of such private service, unless he
agrees at the time of his employment with the district to
accept a reduction in the payment of any benefits payable
under the plan to which he requests entry that are based in
whole or in part on such added and accredited service by the
amount of benefits received. For the purposes of contributions, the date of entry of service shall be deemed the date
of entry into service with the private utility, which service is
accredited by this section, and the amount of contributions
for the period of accredited service shall be based on the
wages or salary of such person during that added and accredited period of service with the private utility.
The district may receive such payments from a third
party and shall make from such payments contributions with
respect to such prior service as may be necessary to enable
it to assume its obligations.
After such contributions have been made and such
service added and accredited such employee shall be
established in the plan to which he seeks admission with all
rights, benefits and privileges that he would have been
entitled to had he been a member of the plan from the
beginning of his immediately preceding continuous employment with the private utility or of his eligibility. [1961 c
139 § 2.]
54.04.150 Employee benefit plans when private
utility acquired—Agreements and contracts—Prior rights
preserved. The municipal corporation may enter into any
agreements and contracts necessary to carry out the powers
and duties prescribed by RCW 54.04.130 and 54.04.140, but
nothing in RCW 54.04.130 through 54.04.160 shall be so
construed as requiring without consent the modification of
the obligation of any contract or as requiring any third party
to modify the rights, privileges or obligations acquired or
incurred under a prior agreement. [1961 c 139 § 3.]
54.04.160 Assumption of obligations of private
pension plan when urban transportation system acquired.
Any municipal corporation which has heretofore or shall
hereafter acquire from a private owner any urban transportation system which at the time of such acquisition has or had
in effect any pension or retirement system for its employees,
shall assume all such obligations with respect to continued
contributions to and/or administration of, such retirement
system, as the private owner bore or shall bear at such time,
insofar as shall be necessary to discharge accrued obligations
under such retirement system to beneficiaries who are not
thereafter made members of a municipal or state retirement
system. [1961 c 139 § 4.]
54.04.170 Collective bargaining authorized for
employees. Employees of public utility districts are hereby
(2002 Ed.)
General Provisions
authorized and entitled to enter into collective bargaining
relations with their employers with all the rights and privileges incident thereto as are accorded to similar employees
in private industry. [1963 c 28 § 1.]
54.04.180 Collective bargaining authorized for
districts. Any public utility district may enter into collective
bargaining relations with its employees in the same manner
that a private employer might do and may agree to be bound
by the result of such collective bargaining. [1963 c 28 § 2.]
Chapter 54.08
FORMATION—DISSOLUTION—ELECTIONS
Sections
54.08.001
54.08.010
54.08.041
54.08.050
54.08.060
54.08.070
54.08.080
Actions subject to review by boundary review board.
Districts including entire county or less—Procedure.
Formation election expenses.
Validity of district, questioning of.
Special election for formation of district and first commissioners—Terms.
Construction or acquisition of electric facilities for generation, transmission, or distribution of power—When voter
approval required—Election.
Dissolution.
54.08.001 Actions subject to review by boundary
review board. Actions taken under chapter 54.08 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 47.]
54.08.010 Districts including entire county or less—
Procedure. At any general election held in an even-numbered year, the county legislative authority of any county in
this state may, or, on petition of ten percent of the qualified
electors of the county based on the total vote cast in the last
general county election held in an even-numbered year, shall,
by resolution, submit to the voters of the county the proposition of creating a public utility district which shall be
coextensive with the limits of the county as now or hereafter
established. A form of petition for the creation of a public
utility district shall be submitted to the county auditor within
ten months prior to the election at which the proposition is
to be submitted to the voters. Petitions shall be filed with
the county auditor not less than four months before the
election and the county auditor shall within thirty days
examine the signatures thereof and certify to the sufficiency
or insufficiency thereof. If the petition be found to be
insufficient, it shall be returned to the persons filing the
same, who may amend or add names thereto for ten days,
when the same shall be returned to the county auditor, who
shall have an additional fifteen days to examine the same
and attach his certificate thereto. No person having signed
the petition shall be allowed to withdraw his name therefrom
after the filing of the same with the county auditor: PROVIDED, That each signature shall be dated and that no
signature dated prior to the date on which the form of
petition was submitted to the county auditor shall be valid.
Whenever the petition shall be certified to as sufficient, the
county auditor shall forthwith transmit the same, together
with his certificate of sufficiency attached thereto, to the
county legislative authority which shall submit the proposi(2002 Ed.)
54.04.170
tion to the voters of the county at the next general election
in an even-numbered year occurring forty-five days after
submission of the proposition to the legislative authority.
The notice of the election shall state the boundaries of the
proposed public utility district and the object of such
election, and shall in other respects conform to the requirements of the general laws of the state of Washington,
governing the time and manner of holding elections. In
submitting the question to the voters for their approval or
rejection, the proposition shall be expressed on the ballot
substantially in the following terms:
Public Utility District No. . . . . . . . . . . . . YES
Public Utility District No. . . . . . . . . . . . . . NO
Any petition for the formation of a public utility district
may describe a less area than the entire county in which the
petition is filed, the boundaries of which shall follow the
then existing precinct boundaries and not divide any voting
precinct; and in the event that such a petition is filed the
county legislative authority shall fix a date for a hearing on
such petition, and shall publish the petition, without the
signatures thereto appended, for two weeks prior to the date
of the hearing, together with a notice stating the time of the
meeting when the petition will be heard. The publication,
and all other publications required by chapter 1, Laws of
1931, shall be in a newspaper of general circulation in the
county in which the district is situated. The hearing on the
petition may be adjourned from time to time, not exceeding
four weeks in all. If upon the final hearing the county
legislative authority shall find that any lands have been unjustly or improperly included within the proposed public
utility district and will not be benefited by inclusion therein,
it shall change and fix the boundary lines in such manner as
it shall deem reasonable and just and conducive to the public
welfare and convenience, and make and enter an order
establishing and defining the boundary lines of the proposed
public utility district: PROVIDED, That no lands shall be
included within the boundaries so fixed lying outside the
boundaries described in the petition, except upon the written
request of the owners of those lands. Thereafter the same
procedure shall be followed as prescribed in this chapter for
the formation of a public utility district including an entire
county, except that the petition and election shall be confined
solely to the lesser public utility district.
No public utility district created after September 1,
1979, shall include any other public utility district within its
boundaries: PROVIDED, That this paragraph shall not alter,
amend, or modify provisions of chapter 54.32 RCW. [1985
c 469 § 55; 1979 ex.s. c 240 § 1; 1977 c 53 § 1; 1931 c 1
§ 3; RRS § 11607. Formerly RCW 54.08.010 and
54.08.020.]
Elections: Title 29 RCW.
54.08.041 Formation election expenses. All expenses
of elections for the formation of such public utility districts
shall be paid by the county holding such election, and such
expenditure is hereby declared to be for a county purpose,
and the money paid out for such purpose shall be repaid to
such county by the public utility district, if formed. [1969
c 106 § 2.]
Construction—1969 c 106: "The rule of strict construction shall have
no application to this act. The act shall be liberally construed, in order to
[Title 54 RCW—page 7]
54.08.041
Title 54 RCW: Public Utility Districts
carry out the purposes and objectives for which this act is intended." [1969
c 106 § 8.]
Severability—1969 c 106: "If any provision of this act, or its
application to any person or circumstance, is held invalid, the remainder of
this act, or the application to other persons or circumstances, is not
affected." [1969 c 106 § 9.]
54.08.050 Validity of district, questioning of. The
existence of any public utility district now or hereafter
formed under chapter 1, Laws of 1931, cannot hereafter be
legally questioned by any person except the state of Washington in an appropriate court action brought within six
months from the date that the county election board shall
have canvassed the returns of the election held on the
proposition of creating such district. If the existence of a
district is not challenged within the period above specified,
by the filing and service of petition or complaint in the
action aforesaid, the state of Washington thereafter shall be
barred forever from questioning the legal existence and
validity of such district by reason of any defect in the
organization thereof, and the same shall be deemed duly and
regularly organized under the laws of this state. [1941 c 245
§ 10; Rem. Supp. 1941 § 11616-7.]
54.08.060 Special election for formation of district
and first commissioners—Terms. Whenever a proposition
for the formation of a public utility district is to be submitted
to voters in any county, the county legislative authority may
by resolution call a special election, and at the request of
petitioners for the formation of such district contained in the
petition shall do so and shall provide for holding the same
at the earliest practicable time. If the boundaries of the
proposed district embrace an area less than the entire county,
such election shall be confined to the area so included. The
notice of such election shall state the boundaries of the proposed district and the object of such election; in other
respects, such election shall be held and called in the same
manner as provided by law for the holding and calling of
general elections: PROVIDED, That notice thereof shall be
given for not less than ten days nor more than thirty days
prior to such special election. In submitting the proposition
to the voters for their approval or rejection, such proposition
shall be expressed on the ballots in substantially the following terms:
Public Utility District No. . . . . . . . . . . . . YES
Public Utility District No. . . . . . . . . . . . . NO
At the same special election on the proposition to form
a public utility district, there shall also be an election for
three public utility district commissioners. However, the
election of such commissioners shall be null and void if the
proposition to form the public utility district does not receive
approval by a majority of the voters voting on the proposition. No primary shall be held. A special filing period shall
be opened as provided in RCW 29.15.170 and 29.15.180.
The person receiving the greatest number of votes for the
commissioner of each commissioner district shall be elected
as the commissioner of that district. Commissioner districts
shall be established as provided in RCW 54.12.010. The
terms of the initial commissioners shall be staggered as
follows: (1) The person who is elected receiving the greatest
number of votes shall be elected to a six-year term of office
[Title 54 RCW—page 8]
if the election is held in an even-numbered year or a fiveyear term if the election is held in an odd-numbered year;
(2) the person who is elected receiving the next greatest
number of votes shall be elected to a four-year term of
office if the election is held in an even-numbered year or a
three-year term of office if the election is held in an oddnumbered year; and (3) the other person who is elected shall
be elected to a two-year term of office if the election is held
in an even-numbered year or a one-year term of office if the
election is held in an odd-numbered year. The commissioners first to be elected at such special election shall assume
office immediately when they are elected and qualified, but
the length of their terms of office shall be calculated from
the first day in January in the year following their elections.
The term "general election" as used herein means
biennial general elections at which state and county officers
in a noncharter county are elected. [1994 c 223 § 55; 1979
ex.s. c 126 § 36; 1951 c 207 § 5.]
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
Elections: Title 29 RCW.
54.08.070 Construction or acquisition of electric
facilities for generation, transmission, or distribution of
power—When voter approval required—Election. Any
district which does not own or operate electric facilities for
the generation, transmission or distribution of electric power
on March 25, 1969, or any district which hereafter does not
construct or acquire such electric facilities within ten years
of its creation, shall not construct or acquire any such
electric facilities without the approval of such proposal by
the voters of such district: PROVIDED, That a district shall
have the power to construct or acquire electric facilities
within ten years following its creation by action of its
commission without voter approval of such action.
At any general election held in an even-numbered year,
the proposal to construct or acquire electric facilities may be
submitted to the voters of the district by resolution of the
public utility district commission or shall be submitted to the
voters of the district by the county legislative authority on
petition of ten percent of the qualified electors of such
district, based on the total vote cast in the last general county
election held in an even-numbered year. A form of petition
for the construction or acquisition of electric facilities by the
public utility district shall be submitted to the county auditor
within ten months prior to the election at which such
proposition is to be submitted to the voters. Petitions shall
be filed with the county auditor not less than four months
before such election and the county auditor shall within
thirty days examine the signatures thereof and certify to the
sufficiency or insufficiency thereof. If such petition is found
to be insufficient, it shall be returned to the persons filing
the same, who may amend and add names thereto for ten
days, when the same shall be returned to the county auditor,
who shall have an additional fifteen days to examine the
same and attach his certificate thereto. No person having
signed such petition shall be allowed to withdraw his name
therefrom after the filing of the same with the county
auditor: PROVIDED, That each signature shall be dated and
that no signature dated prior to the date on which the form
of petition was submitted to the county auditor shall be
valid. Whenever such petition shall be certified to as
(2002 Ed.)
Formation—Dissolution—Elections
sufficient, the county auditor shall forthwith transmit the
same, together with his certificate of sufficiency attached
thereto, to the county legislative authority which shall submit
such proposition to the voters of said district at the next
general election in an even-numbered year occurring fortyfive days after submission of the proposition to said legislative authority. The notice of the election shall state the
object of such election, and shall in other respects conform
to the requirements of the general laws of Washington,
governing the time and manner of holding elections.
The proposal submitted to the voters for their approval
or rejection, shall be expressed on the ballot substantially in
the following terms:
Shall Public Utility District No. . . . . of . . . . . . County
construct or acquire electric facilities for the generation,
transmission or distribution of electric power?
Yes
No
Within ten days after such election, the election board
of the county shall canvass the returns, and if at such
election a majority of the voters voting on such proposition
shall vote in favor of such construction or acquisition of
electric facilities, the district shall be authorized to construct
or acquire electric facilities. [1979 ex.s. c 240 § 2; 1969 c
106 § 3.]
Construction—Severability—1969 c 106: See notes following RCW
54.08.041.
54.08.080 Dissolution. Any district now or hereafter
created under the laws of this state may be dissolved, as
hereinafter provided, by a majority vote of the qualified
electors of such district at any general election upon a
resolution of the district commission, or upon petition being
filed and such proposition for dissolution submitted to said
electors in the same manner provided by chapter 54.08 RCW
for the creation of public utility districts. The returns of the
election on such proposition for dissolution shall be canvassed and the results declared in the same manner as is
provided by RCW 54.08.010: PROVIDED, HOWEVER,
That any such proposition to dissolve a district shall not be
submitted to the electors if within five years prior to the
filing of such petition or resolution such district has undertaken any material studies or material action relating to the
construction or acquisition of any utility properties or if such
district at the time of the submission of such proposition is
actually engaged in the operation of any utility properties.
If a majority of the votes cast at the election favor
dissolution, the commission of the district shall petition,
without any filing fee, the superior court of the county in
which such district is located for an order authorizing the
payment of all indebtedness of the district and directing the
transfer of any surplus funds or property to the general fund
of the county in which such district is organized. [1969 c
106 § 4.]
Construction—Severability—1969 c 106: See notes following RCW
54.08.041.
Dissolution of special purpose districts: Chapters 36.96 and 53.48 RCW.
(2002 Ed.)
54.08.070
Chapter 54.12
COMMISSIONERS
Sections
54.12.010
Exercise of power by commissioners—Number—Districts—
Terms—Vacancies.
54.12.080 Compensation and expenses—Group insurance.
54.12.090 President—Secretary—Rules—Seal—Minutes.
54.12.100 Oath or affirmation.
54.12.110 Electrical utilities—Civil immunity of commissioners and
employees for good faith mistakes and errors of judgment.
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29.70.100.
54.12.010 Exercise of power by commissioners—
Number—Districts—Terms—Vacancies. A public utility
district that is created as provided in RCW 54.08.010 shall
be a municipal corporation of the state of Washington, and
the name of such public utility district shall be Public Utility
District No. . . . . of . . . . . . County.
The powers of the public utility district shall be exercised through a commission consisting of three members in
three commissioner districts, and five members in five
commissioner districts.
When the public utility district is county-wide and the
county has three county legislative authority districts, then,
at the first election of commissioners and until any change
shall have been made in the boundaries of public utility
district commissioner districts, one public utility district
commissioner shall be chosen from each of the three county
legislative authority districts. When the public utility district
comprises only a portion of the county, with boundaries
established in accordance with chapter 54.08 RCW, or when
the public utility district is county-wide and the county does
not have three county legislative authority districts, three
public utility district commissioner districts, numbered
consecutively, each with approximately equal population and
following precinct lines, as far as practicable, shall be
described in the petition for the formation of the public
utility district, which shall be subject to appropriate change
by the county legislative authority if and when it changes the
boundaries of the proposed public utility district, and one
commissioner shall be elected as a commissioner of each of
the public utility district commissioner districts. Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a
candidate for, or hold office as, a commissioner of the
commissioner district; and (2) only voters of a commissioner
district may vote at a primary to nominate candidates for a
commissioner of the commissioner district. Voters of the
entire public utility district may vote at a general election to
elect a person as a commissioner of the commissioner
district.
The term of office of each public utility district commissioner other than the commissioners at large shall be six
years, and the term of each commissioner at large shall be
four years. Each term shall be computed in accordance with
RCW 29.04.170 following the commissioner’s election.
All public utility district commissioners shall hold office
until their successors shall have been elected and have
[Title 54 RCW—page 9]
54.12.010
Title 54 RCW: Public Utility Districts
qualified and assume office in accordance with RCW
29.04.170.
A vacancy in the office of public utility district commissioner shall occur as provided in chapter 42.12 RCW or by
nonattendance at meetings of the public utility district
commission for a period of sixty days unless excused by the
public utility district commission. Vacancies on a board of
public utility district commissioners shall be filled as
provided in chapter 42.12 RCW.
The boundaries of the public utility district commissioner districts may be changed only by the public utility district
commission, and shall be examined every ten years to
determine substantial equality of population in accordance
with chapter 29.70 RCW, but the boundaries shall not be
changed oftener than once in four years, and only when all
members of the commission are present. Whenever territory
is added to a public utility district under RCW 54.04.035, the
boundaries of the public utility commissioner districts shall
be changed to include such additional territory. The proposed change of the boundaries of the public utility district
commissioner district must be made by resolution and after
public hearing. Notice of the time of a public hearing
thereon shall be published for two weeks prior thereto.
Upon a referendum petition signed by ten percent of the
qualified voters of the public utility district being filed with
the county auditor, the county legislative authority shall
submit such proposed change of boundaries to the voters of
the public utility district for their approval or rejection. Such
petition must be filed within ninety days after the adoption
of resolution of the proposed action. The validity of the
petition shall be governed by the provisions of chapter 54.08
RCW. [1994 c 223 § 56; 1990 c 59 § 109; 1987 c 292 § 1;
1979 ex.s. c 126 § 37; 1977 ex.s. c 36 § 8; 1977 c 53 § 2;
1969 c 106 § 1; 1959 c 265 § 9; 1941 c 245 § 4; 1931 c 1
§ 4; Rem. Supp. 1941 § 11608. Formerly RCW 54.08.030,
54.08.040, 54.12.010 through 54.12.070.]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
Construction—Severability—1969 c 106: See notes following RCW
54.08.041.
54.12.080 Compensation and expenses—Group
insurance. (1) Commissioners of public utility districts are
eligible to receive salaries as follows:
(a) Each public utility district commissioner of a district
operating utility properties shall receive a salary of one
thousand dollars per month during a calendar year if the
district received total gross revenue of over fifteen million
dollars during the fiscal year ending June 30th before the
calendar year. However, the board of commissioners of such
a public utility district may pass a resolution increasing the
rate of salary up to thirteen hundred dollars per month.
(b) Each public utility district commissioner of a district
operating utility properties shall receive a salary of seven
hundred dollars per month during a calendar year if the
district received total gross revenue of from two million
dollars to fifteen million dollars during the fiscal year ending
June 30th before the calendar year. However, the board of
commissioners of such a public utility district may pass a
resolution increasing the rate of salary up to nine hundred
dollars per month.
[Title 54 RCW—page 10]
(c) Commissioners of other districts shall serve without
salary. However, the board of commissioners of such a
public utility district may pass a resolution providing for
salaries not exceeding four hundred dollars per month for
each commissioner.
(2) In addition to salary, all districts may provide by
resolution for the payment of per diem compensation to each
commissioner at a rate not exceeding seventy dollars for
each day or major part thereof devoted to the business of the
district, and days upon which he or she attends meetings of
the commission of his or her district or meetings attended by
one or more commissioners of two or more districts called
to consider business common to them, but such compensation paid during any one year to a commissioner shall not
exceed nine thousand eight hundred dollars. Per diem
compensation shall not be paid for services of a ministerial
or professional nature.
(3) Any commissioner may waive all or any portion of
his or her compensation payable under this section as to any
month or months during his or her term of office, by a
written waiver filed with the district as provided in this section. The waiver, to be effective, must be filed any time
after the commissioner’s election and prior to the date on
which the compensation would otherwise be paid. The
waiver shall specify the month or period of months for
which it is made.
(4) Each district commissioner shall be reimbursed for
reasonable expenses actually incurred in connection with
such business and meetings, including his or her subsistence
and lodging and travel while away from his or her place of
residence.
(5) Any district providing group insurance for its
employees, covering them, their immediate family, and
dependents, may provide insurance for its commissioner with
the same coverage. [1998 c 121 § 4; 1997 c 28 § 1; 1985
c 330 § 4; 1977 ex.s. c 157 § 1; 1969 c 106 § 5; 1967 c 161
§ 1; 1957 c 140 § 2; 1955 c 124 § 5; 1951 c 207 § 4. Prior:
(i) 1931 c 1 § 8, part; RRS § 11612, part. (ii) 1941 c 245
§ 6; Rem. Supp. 1941 § 11616-5.]
Construction—Severability—1969 c 106: See notes following RCW
54.08.041.
Group employee insurance: RCW 54.04.050.
Hospitalization and medical insurance not deemed additional compensation:
RCW 41.04.190.
54.12.090 President—Secretary—Rules—Seal—
Minutes. The commission shall elect from its members, a
president and secretary, and shall, by resolution, adopt rules
governing the transaction of district business, and adopt an
official seal. All proceedings of the commission shall be by
motion or resolution, recorded in its minute books, which
shall be public records.
A majority of the members shall constitute a quorum of
the commission for the transaction of business. The concurrence of a majority of the whole commission in office at the
time shall be necessary for the passage of any resolution,
and no business shall be transacted, except in usual and
ordinary course, unless there are in office at least a majority
of the full number of commissioners as fixed by law.
The commission may create and fill such positions and
fix salaries and bonds thereof as it may provide by resolu(2002 Ed.)
Commissioners
tion. [1955 c 124 § 6. Prior: 1931 c 1 § 8, part; RRS §
11612, part.]
54.12.100 Oath or affirmation. Each commissioner
before he enters upon the duties of his office shall take and
subscribe an oath or affirmation that he will faithfully and
impartially discharge the duties of his office to the best of
his ability. This oath, or affirmation, shall be administered
and certified by an officer of the county in which the district
is situated, who is authorized to administer oaths, without
charge therefor. The oath or affirmation shall be filed with
the county auditor. [1986 c 167 § 23; 1959 c 265 § 10.]
Severability—1986 c 167: See note following RCW 29.01.055.
54.12.110 Electrical utilities—Civil immunity of
commissioners and employees for good faith mistakes
and errors of judgment. Commissioners and employees of
public utility districts shall be immune from civil liability for
mistakes and errors of judgment in the good faith performance of acts within the scope of their official duties
involving the exercise of judgment and discretion which relate solely to their responsibilities for electrical utilities.
This grant of immunity shall not be construed as modifying
the liability of the public utility district. [1983 1st ex.s. c 48
§ 2.]
Severability—1983 1st ex.s. c 48: See note following RCW
35.21.415.
Chapter 54.16
POWERS
Sections
54.16.005
54.16.010
54.16.020
54.16.030
54.16.032
54.16.035
54.16.040
54.16.045
54.16.047
54.16.050
54.16.060
54.16.070
54.16.080
54.16.083
54.16.085
54.16.090
54.16.092
54.16.095
54.16.096
54.16.097
54.16.100
54.16.110
54.16.120
54.16.125
54.16.130
54.16.140
(2002 Ed.)
Definitions.
Surveys, plans, investigations, or studies.
Acquisition of property and rights—Eminent domain.
Water and irrigation works.
Authority to assist customers in the acquisition of water
conservation equipment—Limitations.
Provision of water service beyond district subject to review
by boundary review board.
Electric energy.
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility
districts.
Water rights.
Intertie lines.
District may borrow money, contract indebtedness, issue
bonds or obligations—Guaranty fund.
Levy and collection of taxes—Tax anticipation warrants.
Community revitalization financing—Public improvements.
Interfund loans.
Contracts with other agencies or utilities—Gifts, etc.—
Employees and experts—Advancements.
Employment interview expenses.
Liability insurance for officials and employees.
Liability insurance for officers and employees authorized.
Actions against officer, employee, or agent—Defense and
costs provided by public utility district—Exception.
Manager—Appointment—Compensation—Duties.
May sue and be sued—Claims.
Local utility districts authorized.
Exemption of farm and agricultural land from special benefit
assessments.
Local districts—Procedure—Financing.
Petition or resolution for local district—Hearing—Notice.
54.12.090
54.16.142
Local utility districts—Notice must contain statement that
assessments may vary from estimates.
54.16.145 Local utility districts—Sanitary sewer or potable water facilities—Notice to certain property owners.
54.16.150 Procedure when petition is signed by majority of landowners.
54.16.160 Assessment roll—Hearing—Appellate review—Expenses.
54.16.165 Segregation of assessments.
54.16.170 Apportionment of cost of improvement.
54.16.180 Sale, lease, disposition of properties, equipment, and materials—Procedure—Acquisition, operation of sewage system by districts in certain counties.
54.16.190 General resolutions.
54.16.200 Joint exercise of powers and joint acquisition of properties.
54.16.210 Joint acquisition, operation, etc., with city of electrical utility
properties.
54.16.220 Columbia river hydroelectric projects—Grant back of easements to former owners.
54.16.230 Sewage system works—Acquire, construct, operate, etc.—
Authorizing election—Procedure.
54.16.240 Sewage system works—Resolution or petition—Voter approval or rejection.
54.16.250 Sewage system works—Ballot proposition—Canvass.
54.16.260 Sewage system works—Accounts and funding.
54.16.270 Sewage system works—Existing authority not affected.
54.16.280 Energy conservation plan—Financing authorized for energy
conservation projects in structures or equipment—
Limitations.
54.16.285 Limitations on termination of utility service for residential
heating.
54.16.300 Combined utility functions.
54.16.310 Operation, maintenance, and inspection of sewage disposal
facilities, septic tanks, and wastewater disposal facilities
and systems—Maintenance costs.
54.16.320 Assumption of substandard water system—Limited immunity from liability.
54.16.330 Telecommunications facilities—Construct, purchase, acquire,
etc.—Purposes—Limitations—Eminent domain.
54.16.340 Wholesale telecommunications services—Petition for review
of rates, terms, conditions.
54.16.350 Tariff for irrigation pumping service—Authority to buy back
electricity.
Deferral of special assessments: Chapter 84.38 RCW.
Special benefit assessments—Property taxes—Exemptions: RCW 84.34.300
through 84.34.380.
54.16.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Commission" means the Washington utilities and
transportation commission.
(2) "Telecommunications" has the same meaning as that
contained in RCW 80.04.010.
(3) "Telecommunications facilities" means lines,
conduits, ducts, poles, wires, cables, crossarms, receivers,
transmitters, instruments, machines, appliances, instrumentalities and all devices, real estate, easements, apparatus,
property, and routes used, operated, owned, or controlled by
any entity to facilitate the provision of telecommunications
services.
(4) "Wholesale telecommunications services" means the
provision of telecommunications services or facilities for
resale by an entity authorized to provide telecommunications
services to the general public and internet service providers.
[2000 c 81 § 2.]
Findings—2000 c 81: See note following RCW 53.08.005.
54.16.010 Surveys, plans, investigations, or studies.
A district may make surveys, plans, investigations or studies
[Title 54 RCW—page 11]
54.16.010
Title 54 RCW: Public Utility Districts
for generating electric energy by water power, steam, or
other methods, and for systems and facilities for the generation, transmission or distribution thereof, and for domestic
and industrial water supply and irrigation, and for matters
and purposes reasonably incidental thereto, within or without
the district, and compile comprehensive maps and plans
showing the territory that can be most economically served
by the various resources and utilities, the natural order in
which they should be developed, and how they may be
joined and coordinated to make a complete and systematic
whole. [1969 c 106 § 6; 1955 c 390 § 2. Prior: 1945 c
143 § 1(a); 1931 c 1 § 6(a); Rem. Supp. 1945 § 11610(a).]
the purpose of furnishing the district, and the inhabitants
thereof, and of the county in which the district is located,
and any other persons including public and private corporations within or without the limits of the district or the
county, with an ample supply of water for all purposes,
public and private, including water power, domestic use, and
irrigation, with full and exclusive authority to sell and
regulate and control the use, distribution, and price thereof.
[1999 c 154 § 1; 1998 c 49 § 1; 1955 c 390 § 4. Prior:
1945 c 143 § 1(c); 1931 c 1 § 6(c); Rem. Supp. 1945 §
11610(c).]
Construction—Severability—1969 c 106: See notes following RCW
54.08.041.
54.16.020 Acquisition of property and rights—
Eminent domain. A district may construct, condemn and
purchase, purchase, acquire, lease, add to, maintain, operate,
develop, and regulate all lands, property, property rights,
water, water rights, dams, ditches, flumes, aqueducts, pipes
and pipe lines, water power, leases, easements, rights of
way, franchises, plants, plant facilities, and systems for
generating electric energy by water power, steam, or other
methods; plants, plant facilities, and systems for developing,
conserving, and distributing water for domestic use and
irrigation; buildings, structures, poles and pole lines, and
cables and conduits and any and all other facilities; and may
exercise the right of eminent domain to effectuate the
foregoing purposes or for the acquisition and damaging of
such property and rights, or property of any kind appurtenant
thereto, and for the purpose of acquiring the right to make
physical connection with plants and plant facilities of all
persons and municipalities. The right of eminent domain
shall be exercised pursuant to resolution of the commission
and conducted in the same manner and by the same procedure as is provided for the exercise of that power by cities
and towns of the state in the acquisition of like property and
property rights. It shall be no defense to a condemnation
proceeding that a portion of the electric current generated or
sold by the district will be applied to private purposes, if the
principal uses intended are public: PROVIDED, That no
public utility owned by a city or town shall be condemned,
and none shall be purchased without submission of the
question to the voters of the utility district. In a condemnation proceeding, the court shall submit to the jury the values
placed upon the property by the taxing authority for taxation
purposes, and in respect to property, plants, and facilities of
persons using public highways for furnishing public service
without franchises, shall consider in determining the value
thereof the fact that the property, plants, and facilities are
subject to be removed from the highways by reason of being
so operated without a franchise. [1955 c 390 § 3. Prior:
1945 c 143 § 1(b); 1931 c 1 § 6(b); Rem. Supp. 1945 §
11610(b).]
54.16.032 Authority to assist customers in the
acquisition of water conservation equipment—
Limitations. Any district is hereby authorized, within limits
established by the Constitution of the state of Washington,
to assist the owners of structures in financing the acquisition
and installation of fixtures, systems, and equipment, for
compensation or otherwise, for the conservation or more
efficient use of water in the structures under a water conservation plan adopted by the district if the cost per unit of
water saved or conserved by the use of the fixtures, systems,
and equipment is less than the cost per unit of water supplied by the next least costly new water source available to
the district to meet future demand. Except where otherwise
authorized, assistance shall be limited to:
(1) Providing an inspection of the structure, either
directly or through one or more inspectors under contract, to
determine and inform the owner of the estimated cost of
purchasing and installing conservation fixtures, systems, and
equipment for which financial assistance will be approved
and the estimated life cycle savings to the water system and
the consumer that are likely to result from the installation of
the fixtures, systems, or equipment;
(2) Providing a list of businesses that sell and install the
fixtures, systems, and equipment within or in close proximity
to the service area of the city or town, each of which
businesses shall have requested to be included and shall have
the ability to provide the products in a workmanlike manner
and to utilize the fixtures, systems, and equipment in
accordance with the prevailing national standards;
(3) Arranging to have approved conservation fixtures,
systems, and equipment installed by a private contractor
whose bid is acceptable to the owner of the structure and
verifying the installation; and
(4) Arranging or providing financing for the purchase
and installation of approved conservation fixtures, systems,
and equipment. The fixtures, systems, and equipment shall
be purchased or installed by a private business, the owner,
or the utility.
Pay back shall be in the form of incremental additions
to the utility bill, billed either together with use charge or
separately. Loans shall not exceed one hundred twenty
months in length. [1989 c 421 § 4.]
Eminent domain: State Constitution Art. 1 § 16 (Amendment 9).
Eminent domain by cities: Chapter 8.12 RCW.
Intent—Contingent effective date—1989 c 421: See notes following
RCW 35.92.017.
54.16.030 Water and irrigation works. A district
may construct, purchase, condemn and purchase, acquire,
add to, maintain, conduct, and operate water works and
irrigation plants and systems, within or without its limits, for
54.16.035 Provision of water service beyond district
subject to review by boundary review board. The
provision of water service beyond the boundaries of a public
utility district may be subject to potential review by a
[Title 54 RCW—page 12]
(2002 Ed.)
Powers
boundary review board under chapter 36.93 RCW. [1989 c
84 § 48.]
54.16.040 Electric energy. A district may purchase,
within or without its limits, electric current for sale and
distribution within or without its limits, and construct,
condemn and purchase, purchase, acquire, add to, maintain,
conduct, and operate works, plants, transmission and
distribution lines and facilities for generating electric current,
operated either by water power, steam, or other methods,
within or without its limits, for the purpose of furnishing the
district, and the inhabitants thereof and any other persons,
including public and private corporations, within or without
its limits, with electric current for all uses, with full and
exclusive authority to sell and regulate and control the use,
distribution, rates, service, charges, and price thereof, free
from the jurisdiction and control of the utilities and transportation commission, in all things, together with the right to
purchase, handle, sell, or lease motors, lamps, transformers
and all other kinds of equipment and accessories necessary
and convenient for the use, distribution, and sale thereof:
PROVIDED, That the commission shall not supply water to
a privately owned utility for the production of electric
energy, but may supply, directly or indirectly, to an instrumentality of the United States government or any publicly or
privately owned public utilities which sell electric energy or
water to the public, any amount of electric energy or water
under its control, and contracts therefor shall extend over
such period of years and contain such terms and conditions
for the sale thereof as the commission of the district shall
elect; such contract shall only be made pursuant to a
resolution of the commission authorizing such contract,
which resolution shall be introduced at a meeting of the
commission at least ten days prior to the date of the adoption
of the resolution: PROVIDED FURTHER, That it shall first
make adequate provision for the needs of the district, both
actual and prospective. [1955 c 390 § 5. Prior: 1945 c 143
§ 1(d); 1931 c 1 § 6(d); Rem. Supp. 1945 § 11610(d).]
Joint operating agency: RCW 43.52.360.
Reduced utility rates for low-income senior citizens and other low-income
citizens: RCW 74.38.070.
Right of city or town to acquire electrical distribution property from
P.U.D.: RCW 35.92.054.
54.16.045 Nonpolluting power generation by
individual—Exemption from regulation—Authorization
to contract with utility. See chapter 80.58 RCW.
54.16.047 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
54.16.050 Water rights. A district may take, condemn and purchase, purchase and acquire any public and
private property, franchises and property rights, including
state, county, and school lands, and property and littoral and
water rights, for any of the purposes aforesaid, and for railroads, tunnels, pipe lines, aqueducts, transmission lines, and
all other facilities necessary or convenient, and, in connection with the construction, maintenance, or operation of any
(2002 Ed.)
54.16.035
such utilities, may acquire by purchase or condemnation and
purchase the right to divert, take, retain, and impound and
use water from or in any lake or watercourse, public or
private, navigable or nonnavigable, or held, owned, or used
by the state, or any subdivision thereof, or by any person for
any public or private use, or any underflowing water within
the state; and the district may erect, within or without its
limits, dams or other works across any river or watercourse,
or across or at the outlet of any lake, up to and above high
water mark; and, for the purpose of constructing or laying
aqueducts or pipelines, dams, or waterworks or other necessary structures in storing, retaining, and distributing water,
or for any other purpose authorized hereunder, the district
may occupy and use the beds and shores up to the high
water mark of any such lake, river, or watercourse, and
acquire by purchase or by condemnation and purchase, or
otherwise, any water, water rights, easements, or privileges
named herein or necessary for any of such purposes, and a
district may acquire by purchase, or condemnation and
purchase, or otherwise, any lands, property, or privileges
necessary to protect the water supply of the district from
pollution: PROVIDED, That should private property be
necessary for any of its purposes, or for storing water above
high water mark, the district may condemn and purchase, or
purchase and acquire such private property. [1955 c 390 §
6. Prior: 1945 c 143 § 1(e), part; 1931 c 1 § 6(e), part;
Rem. Supp. 1945 § 11610(e), part.]
Water rights: Title 90 RCW.
54.16.060 Intertie lines. A district may build and
maintain intertie lines connecting its power plant and
distribution system with the power plant and distribution
system owned by any other public utility district, or municipal corporation, or connect with the power plants and
distribution systems owned by any municipal corporation in
the district, and from any such intertie line, sell electric
energy to any person, public utility district, city, town or
other corporation, public or private, and, by means of
transmission or pole lines, conduct electric energy from the
place of production to the point of distribution, and construct
and lay aqueducts, pipe or pole lines, and transmission lines
along and upon public highways, roads, and streets, and condemn and purchase, purchase or acquire, lands, franchises,
and rights of way necessary therefor. [1955 c 390 § 7.
Prior: 1945 c 143 § 1(e), part; 1931 c 1 § 6(e), part; Rem.
Supp. 1945 § 11610(e), part.]
54.16.070 District may borrow money, contract
indebtedness, issue bonds or obligations—Guaranty fund.
(1) A district may contract indebtedness or borrow money
for any corporate purpose on its credit or on the revenues of
its public utilities, and to evidence such indebtedness may
issue general obligation bonds or revenue obligations; may
issue and sell local utility district bonds of districts created
by the commission, and may purchase with surplus funds
such local utility district bonds, and may create a guaranty
fund to insure prompt payment of all local utility district
bonds. The general obligation bonds shall be issued and
sold in accordance with chapter 39.46 RCW. A district is
authorized to establish lines of credit or make other prear[Title 54 RCW—page 13]
54.16.070
Title 54 RCW: Public Utility Districts
ranged agreements, or both, to borrow money with any
financial institution.
(2) Notwithstanding subsection (1) of this section, such
revenue obligations and local utility district bonds may be
issued and sold in accordance with chapter 39.46 RCW.
[1991 c 74 § 1; 1984 c 186 § 44; 1983 c 167 § 144; 1959 c
218 § 1; 1955 c 390 § 8. Prior: 1945 c 143 § 1(f); 1931 c
1 § 6(f); Rem. Supp. 1945 § 11610(f).]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
54.16.080 Levy and collection of taxes—Tax
anticipation warrants. A district may raise revenue by the
levy of an annual tax on all taxable property within the
district, not exceeding forty-five cents per thousand dollars
of assessed value in any one year, exclusive of interest and
redemption for general obligation bonds. The commission
shall prepare a proposed budget of the contemplated financial transactions for the ensuing year and file it in its
records, on or before the first Monday in September. Notice
of the filing of the proposed budget and the date and place
of hearing thereon shall be published for at least two
consecutive weeks in a newspaper printed and of general
circulation in the county. On the first Monday in October,
the commission shall hold a public hearing on the proposed
budget at which any taxpayer may appear and be heard
against the whole or any part thereof. Upon the conclusion
of the hearing, the commission shall, by resolution, adopt the
budget as finally determined, and fix the final amount of
expenditures for the ensuing year. Taxes levied by the
commission shall be certified to and collected by the proper
officer of the county in which the district is located in the
same manner as provided for the certification and collection
of port district taxes. The commission may, prior to the
receipt of taxes raised by levy, borrow money or issue
warrants of the district in anticipation of the revenue to be
derived from the levy or taxes for district purposes, and the
warrants shall be redeemed from the first money available
from such taxes. The warrants shall not exceed the anticipated revenue of one year, and shall bear interest at a rate
determined by the commission. [1981 c 156 § 18; 1973 1st
ex.s. c 195 § 60; 1955 c 390 § 9. Prior: 1945 c 143 § 1(g);
1931 c 1 § 6(g); Rem. Supp. 1945 § 11610(g).]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Application of one percentum levy limitation to public utility district: State
Constitution Art. 7 § 2 and RCW 84.52.050.
Collection of taxes by port districts: RCW 53.36.020.
54.16.083 Community revitalization financing—
Public improvements. In addition to other authority that a
public utility district possesses, a public utility district may
provide any public improvement as defined under RCW
39.89.020, but this additional authority is limited to participating in the financing of the public improvements as
provided under RCW 39.89.050.
This section does not limit the authority of a public
utility district to otherwise participate in the public improvements if that authority exists elsewhere. [2001 c 212 § 19.]
54.16.085 Interfund loans. A public utility district
may make and repay interfund loans between its funds.
[1987 c 18 § 2.]
54.16.090 Contracts with other agencies or utilities—Gifts, etc.—Employees and experts—Advancements.
A district may enter into any contract or agreement with the
United States, or any state, municipality, or other utility
district, or any department of those entities, or with any
cooperative, mutual, consumer-owned utility, or with any
investor-owned utility or with an association of any of such
utilities, for carrying out any of the powers authorized by
this title.
It may acquire by gift, devise, bequest, lease, or
purchase, real and personal property necessary or convenient
for its purposes, or for any local district therein.
It may make contracts, employ engineers, attorneys, and
other technical or professional assistance; print and publish
information or literature; advertise or promote the sale and
distribution of electricity or water and do all other things
necessary to carry out the provisions of this title.
It may advance funds, jointly fund or jointly advance
funds for surveys, plans, investigations, or studies as set
forth in RCW 54.16.010, including costs of investigations,
design and licensing of properties and rights of the type
described in RCW 54.16.020, including the cost of technical
and professional assistance, and for the advertising and
promotion of the sale and distribution of electricity or water.
[1969 c 106 § 7; 1955 c 390 § 10. Prior: 1945 c 143 §
1(h), (i), (j), part; 1931 c 1 § 6(h), (i), (j), part; Rem. Supp.
1945 § 11610(h), (i), (j), part.]
Construction—Severability—1969 c 106: See notes following RCW
54.08.041.
54.16.092 Employment interview expenses. When
a district commission finds that a vacancy for a technical or
managerial position requires special qualifications or entails
responsibilities and duties of such a nature that substantial
benefits will accrue to the district from personal interviews
of candidates for such a vacancy to be held in the district,
the district commission, by resolution adopted at a regular
meeting, may authorize the payment of actual necessary
travel and living expenses of such candidates incurred while
in travel status. [1975 1st ex.s. c 140 § 1.]
Special purpose districts, expenditures to recruit job candidates: RCW
42.24.170.
54.16.095 Liability insurance for officials and
employees. The board of commissioners of each public
utility district may purchase liability insurance with such
limits as they may deem reasonable for the purpose of
protecting their officials and employees against liability for
personal or bodily injuries and property damage arising from
their acts or omissions while performing or in good faith
purporting to perform their official duties. [1973 c 125 § 5.]
54.16.096 Liability insurance for officers and
employees authorized. See RCW 36.16.138.
Severability—2001 c 212: See RCW 39.89.902.
[Title 54 RCW—page 14]
(2002 Ed.)
Powers
54.16.097 Actions against officer, employee, or
agent—Defense and costs provided by public utility
district—Exception. Whenever any action, claim or
proceeding is instituted against any person who is or was an
officer, employee, or agent of a public utility district
established under this title arising out of the performance or
failure of performance of duties for, or employment with any
such district, the commission of the district may grant a
request by such person that the attorney of the district’s
choosing be authorized to defend said claim, suit or proceeding, and the costs of defense, attorney’s fees, and any
obligation for payment arising from such action may be paid
from the district’s funds: PROVIDED, That costs of defense
and/or judgment or settlement against such person shall not
be paid in any case where the court has found that such person was not acting in good faith or within the scope of his
employment with or duties for the district. [1975 c 60 § 2.]
54.16.100
Manager—Appointment—
Compensation—Duties. The commission, by resolution introduced at a regular meeting and adopted at a subsequent
regular meeting, shall appoint and may remove at will a
district manager, and shall, by resolution, fix his or her
compensation.
The manager shall be the chief administrative officer of
the district, in control of all administrative functions and
shall be responsible to the commission for the efficient
administration of the affairs of the district placed in his or
her charge. The manager shall be an experienced executive
with administrative ability. In the absence or temporary
disability of the manager, the manager shall, with the
approval of the president of the commission, designate some
competent person as acting manager.
The manager may attend all meetings of the commission
and its committees, and take part in the discussion of any
matters pertaining to the duties of his or her department, but
shall have no vote.
The manager shall carry out the orders of the commission, and see that the laws pertaining to matters within the
functions of his or her department are enforced; keep the
commission fully advised as to the financial condition and
needs of the districts; prepare an annual estimate for the
ensuing fiscal year of the probable expenses of the department, and recommend to the commission what development
work should be undertaken, and what extensions and
additions, if any, should be made during the ensuing fiscal
year, with an estimate of the costs of the development work,
extensions, and additions; certify to the commission all bills,
allowances, and payrolls, including claims due contractors of
public works; recommend to the commission compensation
of the employees of his or her office, and a scale of compensation to be paid for the different classes of service required
by the district; hire and discharge employees under his or her
direction; and perform such other duties as may be imposed
upon the manager by resolution of the commission. It is
unlawful for the manager to make any contribution of money
in aid of or in opposition to the election of any candidate for
public utility commissioner or to advocate or oppose any
such election. [1990 c 16 § 1; 1955 c 390 § 11. Prior:
1945 c 143 § 1(j), part; 1931 c 1 § 6(j), part; Rem. Supp.
1945 § 11610(j), part.]
(2002 Ed.)
54.16.097
54.16.110 May sue and be sued—Claims. A district
may sue in any court of competent jurisdiction, and may be
sued in the county in which its principal office is located or
in which it owns or operates facilities. No suit for damages
shall be maintained against a district except on a claim filed
with the district complying in all respects with the terms and
requirements for claims for damages set forth in chapter 4.96
RCW. [1993 c 449 § 11; 1979 ex.s. c 240 § 3; 1955 c 390
§ 12. Prior: 1945 c 143 § 1(k); 1931 c 1 § 6(k); Rem.
Supp. 1945 § 11610(k).]
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
Claims against cities of the second class: RCW 35.31.040.
54.16.120 Local utility districts authorized. A
district may, by resolution, establish and define the boundaries of local assessment districts to be known as local utility
district No. . . . ., for distribution, under the general supervision and control of the commission, of water for all purposes, public and private, including domestic use, irrigation,
and electric energy, and for providing street lighting, or any
of them, and in like manner provide for the purchasing, or
otherwise acquiring, or constructing and equipping and
maintaining and operating distribution systems for such
purposes, and for extensions and betterments thereof, and
may levy and collect in accordance with the special benefits
conferred thereon, special assessments and reassessments on
property specially benefited thereby, for paying the cost and
expense thereof, or any portions thereof, as herein provided,
and issue local improvement bonds or warrants or both to be
repaid wholly or in part by collection of local improvement
assessments. A district also may form local utility districts
located entirely or in part outside its limits or the limits of
the county in which the district is located to provide water,
or sewer facilities if otherwise authorized under this title.
[1999 c 154 § 2; 1975 c 46 § 1; 1955 c 390 § 13. Prior:
1951 c 209 § 1; 1945 c 143 § 1(l), part; 1931 c 1 § 6(l),
part; Rem. Supp. 1945 § 11610(l), part.]
Assessments and charges against state lands: Chapter 79.44 RCW.
Local improvements, supplemental authority: Chapter 35.51 RCW.
54.16.125 Exemption of farm and agricultural land
from special benefit assessments. See RCW 84.34.300
through 84.34.380 and 84.34.922.
54.16.130 Local districts—Procedure—Financing.
The commission shall by resolution establish the method of
procedure in all matters relating to local utility districts. A
public utility district may determine by resolution what work
shall be done or improvements made at the expense, in
whole or in part, of the property specially benefited thereby;
and adopt and provide the manner, machinery and proceedings in any way relating to the making and collecting of
assessments therefor in pursuance thereof. Except as herein
otherwise provided or as may hereafter be set forth by
resolution, all matters and proceedings relating to the local
utility district, the levying and collection of assessments, the
issuance and redemption of local improvement warrants and
bonds, and the enforcement of local assessment liens
hereunder, shall be governed, as nearly as may be, by the
laws relating to local improvements for cities and towns:
[Title 54 RCW—page 15]
54.16.130
Title 54 RCW: Public Utility Districts
PROVIDED, That no protest against a local utility district
improvement shall be received after twelve o’clock noon of
the day set for hearing. Such bonds and warrants may be in
any form, including bearer bonds or bearer warrants, or
registered warrants or registered bonds as provided in RCW
39.46.030. Such bonds and warrants may also be issued and
sold in accordance with chapter 39.46 RCW.
The commission may determine to finance the project
by bonds or warrants secured by assessments against the
property within the local utility district: Or it may finance
the project by revenue bonds, in which case no bonds or
warrants shall be issued by the local utility district, but
assessments shall be levied upon the taxable property therein
on the basis of special benefits up to, but not exceeding the
total cost of the improvement and in such cases the entire
principal and interest of such assessments shall be paid into
a revenue bond fund of the district, to be used for the sole
purpose of the payment of revenue bonds. [1983 c 167 §
145; 1955 c 390 § 14. Prior: 1951 c 209 § 2; 1945 c 143
§ 1(l), part; 1931 c 1 § 6(l), part; Rem. Supp. 1945 §
11610(l), part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Local improvement
first class cities: Chapters 35.43 through 35.56 RCW.
guaranty fund: RCW 54.24.200 through 54.24.260.
54.16.140 Petition or resolution for local district—
Hearing—Notice. Any such improvement shall be ordered
by resolution of the commission either upon petition or
resolution therefor. When a petition, signed by ten percent
of the owners of land in the district to be therein described,
is filed with the commission, asking that the plan or improvement therein set forth be adopted and ordered, and
defining the boundaries of a local improvement district to be
assessed in whole or in part to pay the cost thereof, the
commission shall fix the date of hearing thereon, and give
not less than two weeks notice thereof by publication. The
commission may deny the petition or order the improvement,
unless a majority of the owners of lands in the district file
prior to twelve o’clock noon of the day of the hearing, with
the secretary a petition protesting against the improvement.
If the commission orders the improvement, it may alter the
boundaries of the proposed local district and prepare and
adopt detail plans of the local improvement, declare the
estimated cost thereof, what proportion thereof shall be
borne by the local improvement district, and what proportion, if any shall be borne by the entire public utility district.
[1955 c 390 § 15. Prior: 1945 c 143 § 1(l), part; 1931 c 1
§ 6(l), part; Rem. Supp. 1945 § 11610(l), part.]
54.16.142 Local utility districts—Notice must
contain statement that assessments may vary from
estimates. Any notice given to the public or to the owners
of specific lots, tracts, or parcels of land relating to the
formation of a local utility district shall contain a statement
that actual assessments may vary from assessment estimates
so long as they do not exceed a figure equal to the increased
true and fair value the improvement, or street lighting, adds
to the property. [1989 c 243 § 9.]
[Title 54 RCW—page 16]
54.16.145 Local utility districts—Sanitary sewer or
potable water facilities—Notice to certain property
owners. Whenever it is proposed that a local utility district
finance sanitary sewers or potable water facilities, additional
notice of the public hearing on the proposed local utility
district shall be mailed to the owners of any property located
outside of the proposed local utility district that would be
required as a condition of federal housing administration
loan qualification, at the time of notice, to be connected to
the specific sewer or water facilities installed by the local
utility district. The notice shall include information about
this restriction. [1987 c 315 § 4.]
54.16.150 Procedure when petition is signed by
majority of landowners. When a petition signed by a
majority of the landowners in a proposed local improvement
district is filed with the commission, asking that the improvement therein described be ordered, the commission
shall forthwith fix a date for hearing thereon after which it
shall, by resolution, order the improvement, and may alter
the boundaries of the proposed district; prepare and adopt the
improvement; prepare and adopt detail plans thereof; declare
the estimated cost thereof, what proportion of the cost shall
be borne by the local district, and what proportion, if any,
shall be borne by the entire public utility district, and
provide the general funds thereof to be applied thereto, if
any; acquire all lands and other properties therefor; pay all
damages caused thereby; and commence in the name of the
public utility district such eminent domain proceedings and
supplemental assessment or reassessment proceedings to pay
all eminent domain awards necessary to entitle the district to
proceed with the work, and shall thereafter proceed with the
work, and shall file with the county treasurer its roll levying
special assessments in the amount to be paid by special
assessment against the property in the local improvement
district in proportion to the special benefits to be derived by
the property in the local district from the improvement:
PROVIDED, HOWEVER, No such improvement shall be
ordered unless the same appears to the commission to be
financially and economically feasible: AND PROVIDED
FURTHER, That the commission may require as a condition
to ordering such improvement or to making its determination
as to the financial and economic feasibility, that all or a
portion of such engineering, legal or other costs incurred or
to be incurred by the commission in determining financial
and economic feasibility shall be borne or guaranteed by the
petitioners of the proposed local improvement district under
such rules as the commission may adopt. No person shall
withdraw his name from the petition after the same has been
filed with the commission. [1959 c 142 § 3; 1955 c 390 §
16. Prior: 1945 c 143 § 1(l), part; 1931 c 1 § 6(l), part;
Rem. Supp. 1945 § 11610(l), part.]
54.16.160 Assessment roll—Hearing—Appellate
review—Expenses. Before approval of the roll, a notice
shall be published once each week for two successive weeks
in a newspaper of general circulation in the county, stating
that the roll is on file and open to inspection in the office of
the secretary, and fixing a time not less than fifteen nor
more than thirty days from the date of the first publication
of the notice, within which protests must be filed with the
(2002 Ed.)
Powers
secretary against any assessments shown thereon, and fixing
a time when a hearing shall be held by the commission on
the protests. After the hearing the commission may alter any
and all assessments shown on the roll and may, by resolution, approve it, but if an assessment is raised, a new notice,
similar to the first, shall be given, and a hearing had thereon,
after which final approval of the roll may be made. Any
person aggrieved by the assessments shall perfect an appeal
to the superior court of the county within ten days after the
approval, in the manner provided for appeals from assessments levied by cities of the first class. In the event such an
appeal shall be taken, the judgment of the court shall
confirm the assessment insofar as it affects the property of
the appellant unless the court shall find from the evidence
that such assessment is founded upon a fundamentally wrong
basis and/or the decision of the commission thereon was
arbitrary or capricious; in which event the judgment of the
court shall correct, change, modify, or annul the assessment
insofar as it affects the property of the appellant. In the
same manner as provided with reference to cities of the first
class appellate review of the judgment of the superior court
may be sought, as in other cases, within fifteen days after
the date of the entry of the judgment in the superior court.
Engineering, office, and other expenses necessary or incident
to the improvement shall be borne by the public utility
district: PROVIDED, That when a municipal corporation
included in the public utility district already owns or
operates a utility of a character like that for which the
assessments are levied hereunder, all such engineering and
other expenses shall be borne by the local assessment
district. [1988 c 202 § 51; 1971 c 81 § 123; 1959 c 142 §
4; 1955 c 390 § 17. Prior: 1945 c 143 § 1(l), part; 1931 c
1 § 6(l), part; Rem. Supp. 1945 c 11610(l), part.]
Severability—1988 c 202: See note following RCW 2.24.050.
Procedure on appeal from assessments levied by cities of the first class:
RCW 35.44.200 through 35.44.270.
54.16.165 Segregation of assessments. Whenever
any land against which there has been levied any special
assessment by any public utility district shall have been sold
in part or subdivided, the board of commissioners of such
public utility district shall have the power to order a segregation of the assessment.
Any person owning any part of the land involved in a
special assessment and desiring to have such special assessment against the tracts of land segregated to apply to smaller
parts thereof shall apply in writing to the board of commissioners of the public utility district which levied the assessment. If the commissioners determine that a segregation
should be made they shall do so as nearly as possible on the
same basis as the original assessment was levied and the
total of the segregated parts of the assessment shall equal the
assessment before segregation.
The commission shall then send notice thereof by mail
to the several owners interested in the tract, as shown on the
general tax rolls. If no protest is filed within twenty days
from date of mailing said notice, the commission shall then
by resolution approve said segregation. If a protest is filed,
the commission shall have a hearing thereon, after mailing
to the several owners at least ten days notice of the time and
place thereof. After the hearing, the commission may by
(2002 Ed.)
54.16.160
resolution approve said segregation, with or without change.
Within ten days after the approval, any person aggrieved by
the segregation may perfect an appeal to the superior court
of the county wherein the property is situated and thereafter
seek appellate review, all as provided for appeals from
assessments levied by cities of the first class. The resolution
approving said segregation shall describe the original tract,
the amount and date of the original assessment, and shall
define the boundaries of the divided parts and the amount of
the assessment chargeable to each part, and shall order the
county treasurer to make segregation on the original assessment roll as directed in the resolution. A certified copy of
the resolution shall be delivered to the county treasurer who
shall proceed to make the segregation ordered. The board of
commissioners may require as a condition to the order of
segregation that the person seeking it pay the public utility
district the reasonable engineering and clerical costs incident
to making the segregation. Unless otherwise provided in
said resolution, the county treasurer shall apportion amounts
paid on the original assessment in the same proportion as the
segregated assessments bear to the original assessment.
Upon segregation being made by the county treasurer, as
aforesaid, the lien of the special assessment shall apply to
the segregated parcels only to the extent of the segregated
part of such assessment. [1988 c 202 § 52; 1971 c 81 §
124; 1959 c 142 § 1.]
Severability—1988 c 202: See note following RCW 2.24.050.
54.16.170 Apportionment of cost of improvement.
When an improvement is ordered hereunder, payment for
which shall be made in part from assessments against property specially benefited, not more than fifty percent of the
cost thereof shall ever be borne by the entire public utility
district, nor shall any sum be contributed by it to any
improvement acquired or constructed with or by any other
body, exceed such amount, unless a majority of the electors
of the district consent to or ratify the making of such
expenditure. [1955 c 390 § 18. Prior: 1945 c 143 § 1(l),
part; 1931 c 1 § 6(l), part; Rem. Supp. 1945 § 11610(l),
part.]
54.16.180 Sale, lease, disposition of properties,
equipment, and materials—Procedure—Acquisition,
operation of sewage system by districts in certain counties. A district may sell and convey, lease, or otherwise
dispose of all or any part of its works, plants, systems,
utilities and properties, after proceedings and approval by the
voters of the district, as provided for the lease or disposition
of like properties and facilities owned by cities and towns:
PROVIDED, That the affirmative vote of three-fifths of the
voters voting at an election on the question of approval of a
proposed sale, shall be necessary to authorize such sale:
PROVIDED FURTHER, That a district may sell, convey,
lease or otherwise dispose of all or any part of the property
owned by it, located outside its boundaries, to another public
utility district, city, town or other municipal corporation
without the approval of the voters; or may sell, convey,
lease, or otherwise dispose of to any person or public body,
any part, either within or without its boundaries, which has
become unserviceable, inadequate, obsolete, worn out or
unfit to be used in the operations of the system and which is
[Title 54 RCW—page 17]
54.16.180
Title 54 RCW: Public Utility Districts
no longer necessary, material to, and useful in such operations, without the approval of the voters: PROVIDED
FURTHER, That a district may sell, convey, lease or
otherwise dispose of items of equipment or materials to any
other district, to any cooperative, mutual, consumer-owned
or investor-owned utility, to any federal, state, or local
government agency, to any contractor employed by the
district or any other district, utility, or agency, or any
customer of the district or of any other district or utility,
from the district’s stores without voter approval or resolution
of the district’s board, if such items of equipment or materials cannot practicably be obtained on a timely basis from
any other source, and the amount received by the district in
consideration for any such sale, conveyance, lease, or other
disposal of such items of equipment or materials is not less
than the district’s cost to purchase such items or the reasonable market value of equipment or materials: PROVIDED
FURTHER, That a public utility district located within a
county with a population of from one hundred twenty-five
thousand to less than two hundred ten thousand may sell and
convey to a city of the first class, which owns its own water
system, all or any part of a water system owned by said
public utility district where a portion of it is located within
the boundaries of such city, without approval of the voters
upon such terms and conditions as the district shall determine: PROVIDED FURTHER, That a public utility district
located in a county with a population of from twelve
thousand to less than eighteen thousand and bordered by the
Columbia river may, separately or in connection with the
operation of a water system, or as part of a plan for acquiring or constructing and operating a water system, or in
connection with the creation of another or subsidiary local
utility district, may provide for the acquisition or construction, additions or improvements to, or extensions of, and
operation of a sewage system within the same service area
as in the judgment of the district commission is necessary or
advisable in order to eliminate or avoid any existing or
potential danger to the public health by reason of the lack of
sewerage facilities or by reason of the inadequacy of existing
facilities: AND PROVIDED FURTHER, That a public
utility district located within a county with a population of
from one hundred twenty-five thousand to less than two
hundred ten thousand bordering on Puget Sound may sell
and convey to any city or town with a population of less
than ten thousand all or any part of a water system owned
by said public utility district without approval of the voters
upon such terms and conditions as the district shall determine. Public utility districts are municipal corporations for
the purposes of this section and the commission shall be held
to be the legislative body and the president and secretary
shall have the same powers and perform the same duties as
the mayor and city clerk and the resolutions of the districts
shall be held to be ordinances within the meaning of the
statutes governing the sale, lease, or other disposal of public
utilities owned by cities and towns. [1999 c 69 § 1; 1994 c
81 § 78; 1991 c 363 § 135; 1977 ex.s. c 31 § 1; 1963 c 196
§ 1; 1959 c 275 § 1; 1955 c 390 § 19. Prior: 1945 c 143
§ 1(m); 1931 c 1 § 6(m); Rem. Supp. 1945 § 11610(m).]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
[Title 54 RCW—page 18]
54.16.190 General resolutions. The commission of
a district may adopt general resolutions to carry out the
purposes, objects, and provisions of this title. [1955 c 390
§ 20. Prior: 1945 c 143 § 1(n); 1931 c 1 § 6(n); Rem.
Supp. 1945 § 11610(n).]
54.16.200 Joint exercise of powers and joint acquisition of properties. Any two or more public utility districts
organized under the provisions of the laws of this state shall
have the power, by mutual agreement, to exercise jointly all
powers granted to each individual district, and in the exercise
of such powers shall have the right and power to acquire
jointly all or any part of any electric utility properties which,
at *the time of the passage of this act, constitutes an
interconnected and physically integrated electric utility
system, whether entirely within or partly within and partly
without such districts: PROVIDED, That any two or more
districts so acting jointly, by mutual agreement, shall not
acquire any electric utility distribution properties in any other
public utility district without the consent of such district, and
shall not exercise jointly the power to condemn any privately
owned utility property or any public utility owned by a
municipality, to levy taxes or, to create subdistricts. [1949
c 227 § 2; Rem. Supp. 1949 § 10459-15.]
*Reviser’s note: As to "the time of the passage of this act," the
legislative history of chapter 227, Laws of 1949 is as follows: Passed the
house March 8, 1949; passed the senate March 7, 1949; approved by the
governor March 22, 1949.
Joint operating agency: RCW 43.52.360.
54.16.210 Joint acquisition, operation, etc., with city
of electrical utility properties. See chapter 35.92 RCW.
54.16.220 Columbia river hydroelectric projects—
Grant back of easements to former owners. Notwithstanding any other provision of law, every public utility district acquiring privately owned lands, real estate or property
for reservoir purposes of a hydroelectric power project dam
on the Columbia river, upon acquisition of title to said lands,
whether acquired by purchase or condemnation, shall grant
back to the former owners of the lands acquired upon their
request therefor, whether prior to conveyance of title to the
district or within sixty days thereafter, a perpetual easement
appurtenant to the adjoining property for such occupancy and
use and improvement of the acquired lands as will not be
detrimental to the operation of the hydroelectric project and
not be in violation of the required conditions of the district’s
Federal Power Commission license for the project: PROVIDED, That said former owners shall not thereafter erect
any structure or make any extensive physical change thereon
except under a permit issued by the public utility district:
PROVIDED FURTHER, That said easement shall include a
provision that any shorelands thereunder shall be open to the
public, and shall be subject to cancellation upon sixty days
notice to the owners by the district that such lands are to be
conveyed to another public agency for game or game fish
purposes or public recreational use, in which event the
owners shall remove any structures they may have erected
thereon within a reasonable time without cost to the district.
The provisions of this section shall not be applicable with
respect to: (1) lands acquired from an owner who does not
(2002 Ed.)
Powers
desire an easement for such occupancy and use; (2) lands
acquired from an owner where the entire estate has been
acquired; (3) lands acquired for, and reasonably necessary
for, project structures (including borrow areas) or for relocation of roads, highways, railroads, other utilities or railroad
industrial sites; and (4) lands heretofore acquired or disposed
of by sale or lease by a public utility district for whatsoever
purpose. [1965 ex.s. c 118 § 1.]
54.16.230 Sewage system works—Acquire, construct, operate, etc.—Authorizing election—Procedure.
A public utility district may acquire, construct, operate,
maintain, and add to sewage systems, subject to and in
compliance with the county comprehensive plan, under the
general powers of Title 54 RCW or through the formation of
local utility districts as provided in RCW 54.16.120 through
54.16.170: PROVIDED, That prior to engaging in any
sewage system works as authorized by this section, the
voters of the public utility district shall first approve by
majority vote a referendum proposition authorizing such
district to exercise the powers set forth in this section, which
proposition shall be presented at a general election. [1975
1st ex.s. c 57 § 1.]
54.16.240 Sewage system works—Resolution or
petition—Voter approval or rejection. The commission of
a public utility district, by resolution may, or on petition in
the same manner as provided for the creation of a district
under RCW 54.08.010 shall, submit to the voters for their
approval or rejection the proposal that said public utility
district be authorized to exercise the powers set forth in
RCW 54.16.230. [1975 1st ex.s. c 57 § 2.]
54.16.250 Sewage system works—Ballot proposition—Canvass. The legislative authority of the county in
which the public utility district is located, upon receipt of the
resolution of the public utility district commission or petition
as provided for in RCW 54.08.010, shall submit such proposal to the voters of the district at the next general election
in substantially the following terms:
Shall Public Utility District No. . . . . of . . . . . . County
be authorized to acquire, construct, operate, maintain, and
add to sewage systems?
Yes
No
Within ten days after such election, the election board
of the county shall canvass the returns, and if at such
election a majority of voters voting on the proposition shall
vote in favor of such authority, the district shall have the
powers set forth in RCW 54.16.230. [1975 1st ex.s. c 57 §
3.]
54.16.260 Sewage system works—Accounts and
funding. Accounts and funding for any sewage system or
systems shall be kept as provided in RCW 43.09.210. [1975
1st ex.s. c 57 § 4.]
54.16.270 Sewage system works—Existing authority
not affected. Nothing contained in RCW 54.16.230 through
54.16.260 shall change or alter the present authority of
(2002 Ed.)
54.16.220
certain public utility districts as regards sewage systems and
as provided in RCW 54.16.180. [1975 1st ex.s. c 57 § 5.]
54.16.280 Energy conservation plan—Financing
authorized for energy conservation projects in structures
or equipment—Limitations. Any district is hereby authorized, within limits established by the Constitution of the
state of Washington, to assist the owners of structures or
equipment in financing the acquisition and installation of
materials and equipment, for compensation or otherwise, for
the conservation or more efficient use of energy in such
structures or equipment pursuant to an energy conservation
plan adopted by the district if the cost per unit of energy
saved or produced by the use of such materials and equipment is less than the cost per unit of energy produced by the
next least costly new energy resource which the district
could acquire to meet future demand. Any financing
authorized under this chapter shall only be used for conservation purposes in existing structures, and such financing
shall not be used for any purpose which results in a conversion from one energy source to another. For the purposes of
this section, "conservation purposes in existing structures"
may include projects to allow a district’s customers to
generate all or a portion of their own electricity through the
on-site installation of a distributed electricity generation
system that uses as its fuel solar, wind, geothermal, or
hydropower, or other renewable resource that is available onsite and not from a commercial source. Such projects shall
not be considered "a conversion from one energy source to
another" which is limited to the change or substitution of one
commercial energy supplier for another commercial energy
supplier. Except where otherwise authorized, such assistance
shall be limited to:
(1) Providing an inspection of the structure or equipment, either directly or through one or more inspectors under
contract, to determine and inform the owner of the estimated
cost of purchasing and installing conservation materials and
equipment for which financial assistance will be approved
and the estimated life cycle savings in energy costs that are
likely to result from the installation of such materials or
equipment;
(2) Providing a list of businesses who sell and install
such materials and equipment within or in close proximity to
the service area of the district, each of which businesses
shall have requested to be included and shall have the ability
to provide the products in a workmanlike manner and to
utilize such materials in accordance with the prevailing
national standards.
(3) Arranging to have approved conservation materials
and equipment installed by a private contractor whose bid is
acceptable to the owner of the residential structure and
verifying such installation; and
(4) Arranging or providing financing for the purchase
and installation of approved conservation materials and
equipment. Such materials and equipment shall be purchased from a private business and shall be installed by a
private business or the owner.
(5) Pay back shall be in the form of incremental
additions to the utility bill, billed either together with use
charge or separately. Loans shall not exceed one hundred
[Title 54 RCW—page 19]
54.16.280
Title 54 RCW: Public Utility Districts
twenty months in length. [2002 c 276 § 3; 1989 c 268 § 2;
1979 ex.s. c 239 § 3.]
Findings—Intent—2002 c 276: See note following RCW 35.92.360.
Legislative declaration—Effective date—Contingency—1979 ex.s.
c 239: See RCW 35.92.355 and note following RCW 35.92.360.
54.16.285 Limitations on termination of utility
service for residential heating. (1) A district providing
utility service for residential space heating shall not terminate such utility service between November 15 through
March 15 if the customer:
(a) Notifies the utility of the inability to pay the bill,
including a security deposit. This notice should be provided
within five business days of receiving a payment overdue
notice unless there are extenuating circumstances. If the
customer fails to notify the utility within five business days
and service is terminated, the customer can, by paying
reconnection charges, if any, and fulfilling the requirements
of this section, receive the protections of this chapter;
(b) Provides self-certification of household income for
the prior twelve months to a grantee of the department of
community, trade, and economic development which
administers federally funded energy assistance programs.
The grantee shall determine that the household income does
not exceed the maximum allowed for eligibility under the
state’s plan for low-income energy assistance under 42
U.S.C. 8624 and shall provide a dollar figure that is seven
percent of household income. The grantee may verify information provided in the self-certification;
(c) Has applied for home heating assistance from
applicable government and private sector organizations and
certifies that any assistance received will be applied to the
current bill and future utility bills;
(d) Has applied for low-income weatherization assistance to the utility or other appropriate agency if such
assistance is available for the dwelling;
(e) Agrees to a payment plan and agrees to maintain the
payment plan. The plan will be designed both to pay the
past due bill by the following October 15 and to pay for
continued utility service. If the past due bill is not paid by
the following October 15, the customer shall not be eligible
for protections under this chapter until the past due bill is
paid. The plan shall not require monthly payments in excess
of seven percent of the customer’s monthly income plus onetwelfth of any arrearage accrued from the date application is
made and thereafter during November 15 through March 15.
A customer may agree to pay a higher percentage during this
period, but shall not be in default unless payment during this
period is less than seven percent of monthly income plus
one-twelfth of any arrearage accrued from the date application is made and thereafter. If assistance payments are
received by the customer subsequent to implementation of
the plan, the customer shall contact the utility to reformulate
the plan; and
(f) Agrees to pay the moneys owed even if he or she
moves.
(2) The utility shall:
(a) Include in any notice that an account is delinquent
and that service may be subject to termination, a description
of the customer’s duties in this section;
[Title 54 RCW—page 20]
(b) Assist the customer in fulfilling the requirements
under this section;
(c) Be authorized to transfer an account to a new
residence when a customer who has established a plan under
this section moves from one residence to another within the
same utility service area;
(d) Be permitted to disconnect service if the customer
fails to honor the payment program. Utilities may continue
to disconnect service for those practices authorized by law
other than for nonpayment as provided for in this section.
Customers who qualify for payment plans under this section
who default on their payment plans and are disconnected can
be reconnected and maintain the protections afforded under
this chapter by paying reconnection charges, if any, and by
paying all amounts that would have been due and owing
under the terms of the applicable payment plan, absent
default, on the date on which service is reconnected; and
(e) Advise the customer in writing at the time it
disconnects service that it will restore service if the customer
contacts the utility and fulfills the other requirements of this
section.
(3) All districts providing utility service for residential
space heating shall offer residential customers the option of
a budget billing or equal payment plan. The budget billing
or equal payment plan shall be offered low-income customers eligible under the state’s plan for low-income energy
assistance prepared in accordance with 42 U.S.C. 8624(C)(1)
without limiting availability to certain months of the year,
without regard to the length of time the customer has
occupied the premises, and without regard to whether the
customer is the tenant or owner of the premises occupied.
(4) An agreement between the customer and the utility,
whether oral or written, shall not waive the protections
afforded under this chapter. [1995 c 399 § 144; 1991 c 165
§ 3; 1990 1st ex.s. c 1 § 3; 1986 c 245 § 3; 1985 c 6 § 19;
1984 c 251 § 2.]
Findings—1991 c 165: See note following RCW 35.21.300.
54.16.300 Combined utility functions. A public
utility district by resolution may combine two or more of its
separate utility functions into a single utility and combine its
related funds or accounts into a single fund or account. The
separate utility functions include electrical energy systems,
domestic water systems, irrigation systems, sanitary sewer
systems, and storm sewer systems. All powers granted to
public utility districts to acquire, construct, maintain, and
operate such systems may be exercised in the joint acquisition, construction, maintenance, and operation of such
combined systems. The establishment, maintenance, and
operation of the combined system shall be governed by the
public utility district statutes relating to one of the utility
systems that is being combined, as specified in the resolution
combining the utility systems. [1987 c 18 § 1.]
54.16.310 Operation, maintenance, and inspection
of sewage disposal facilities, septic tanks, and wastewater
disposal facilities and systems—Maintenance costs. A
public utility district as authorized by a county board of
health, may perform operation and maintenance, including
inspections, of on-site sewage disposal facilities, alternate
sewage disposal facilities, approved septic tanks or approved
(2002 Ed.)
Powers
septic tank systems, other facilities and systems for the
collection, interception, treatment, and disposal of
wastewater, and for the control and protection, preservation,
and rehabilitation of surface and underground waters. Those
costs associated with the maintenance of private on-site
sewage systems may be charged by the public utility district
to the system owner. [1990 c 107 § 1.]
54.16.320 Assumption of substandard water system—Limited immunity from liability. A public utility
district assuming responsibility for a water system that is not
in compliance with state or federal requirements for public
drinking water systems, and its agents and employees, are
immune from lawsuits or causes of action, based on noncompliance with state or federal requirements for public
drinking water systems, which predate the date of assuming
responsibility and continue after the date of assuming
responsibility, provided that the public utility district has
submitted and is complying with a plan and schedule of
improvements approved by the department of health. This
immunity shall expire on the earlier of the date the plan of
improvements is completed or four years from the date of
assuming responsibility. This immunity does not apply to
intentional injuries, fraud, or bad faith. [1994 c 292 § 10.]
54.16.310
the telecommunications facilities until such time as any
bonds or other financing instruments executed after June 8,
2000, and used to finance the telecommunications facilities
are discharged or retired.
(4) When a public utility district establishes a separate
utility function for the provision of wholesale telecommunications services, all telecommunications services rendered by
the separate function to the district for the district’s internal
telecommunications needs shall be charged at its true and
full value. A public utility district may not charge its
nontelecommunications operations rates that are preferential
or discriminatory compared to those it charges entities
purchasing wholesale telecommunications services.
(5) A public utility district shall not exercise powers of
eminent domain to acquire telecommunications facilities or
contractual rights held by any other person or entity to
telecommunications facilities.
(6) Except as otherwise specifically provided, a public
utility district may exercise any of the powers granted to it
under this title and other applicable laws in carrying out the
powers authorized under this section. Nothing in chapter 81,
Laws of 2000 limits any existing authority of a public utility
district under this title. [2000 c 81 § 3.]
Findings—2000 c 81: See note following RCW 53.08.005.
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
54.16.330 Telecommunications facilities—Construct,
purchase, acquire, etc.—Purposes—Limitations—Eminent
domain. (1) A public utility district in existence on June 8,
2000, may construct, purchase, acquire, develop, finance,
lease, license, handle, provide, add to, contract for, interconnect, alter, improve, repair, operate, and maintain any
telecommunications facilities within or without the district’s
limits for the following purposes:
(a) For the district’s internal telecommunications needs;
and
(b) For the provision of wholesale telecommunications
services within the district and by contract with another
public utility district.
Nothing in this subsection shall be construed to authorize public utility districts to provide telecommunications
services to end users.
(2) A public utility district providing wholesale telecommunications services shall ensure that rates, terms, and
conditions for such services are not unduly or unreasonably
discriminatory or preferential. Rates, terms, and conditions
are discriminatory or preferential when a public utility
district offering rates, terms, and conditions to an entity for
wholesale telecommunications services does not offer
substantially similar rates, terms, and conditions to all other
entities seeking substantially similar services.
(3) When a public utility district establishes a separate
utility function for the provision of wholesale telecommunications services, it shall account for any and all revenues and
expenditures related to its wholesale telecommunications
facilities and services separately from revenues and expenditures related to its internal telecommunications operations.
Any revenues received from the provision of wholesale
telecommunications services must be dedicated to the utility
function that includes the provision of wholesale telecommunications services for costs incurred to build and maintain
(2002 Ed.)
54.16.340 Wholesale telecommunications services—
Petition for review of rates, terms, conditions. (1) A
person or entity that has requested wholesale telecommunications services from a public utility district providing wholesale telecommunications services under this chapter may
petition the commission under the procedures set forth in
RCW 80.04.110 (1) through (3) if it believes the district’s
rates, terms, and conditions are unduly or unreasonably
discriminatory or preferential. The person or entity shall
provide the public utility district notice of its intent to
petition the commission and an opportunity to review within
thirty days the rates, terms, and conditions as applied to it
prior to submitting its petition. In determining whether a
district is providing discriminatory or preferential rates,
terms, and conditions, the commission may consider such
matters as service quality, cost of service, technical feasibility of connection points on the district’s facilities, time of
response to service requests, system capacity, and other
matters reasonably related to the provision of wholesale
telecommunications services. If the commission, after notice
and hearing, determines that a public utility district’s rates,
terms, and conditions are unduly or unreasonably discriminatory or preferential, it shall issue a final order finding
noncompliance with this section and setting forth the specific
areas of apparent noncompliance. An order imposed under
this section shall be enforceable in any court of competent
jurisdiction.
(2) The commission may order a public utility district
to pay a share of the costs incurred by the commission in
connection with adjudicating or enforcing the provisions of
this section.
(3) Without limiting other remedies at law or equity, the
commission and prevailing party may also seek injunctive
relief to compel compliance with an order.
(4) Nothing in this section shall be construed to affect
the commission’s authority and jurisdiction with respect to
[Title 54 RCW—page 21]
54.16.340
Title 54 RCW: Public Utility Districts
actions, proceedings, or orders permitted or contemplated for
a state commission under the federal telecommunications act
of 1996, P.L. 104-104 (110 Stat. 56). [2000 c 81 § 5.]
Findings—2000 c 81: See note following RCW 53.08.005.
54.16.350 Tariff for irrigation pumping service—
Authority to buy back electricity. The commission may
approve a tariff for irrigation pumping service that allows the
district to buy back electricity from customers to reduce
electricity usage by those customers during the district’s
particular irrigation season. [2001 c 122 § 2.]
Effective date—2001 c 122: See note following RCW 80.28.310.
Chapter 54.20
CONDEMNATION PROCEEDINGS
Sections
54.20.010
After payment has been made and the decree of appropriation entered as provided in this section, the district or the
condemnee shall be entitled to an accounting in the condemnation proceedings to determine the true amount of each
item required to be furnished in the above statement, and to
payment of any balance found due in such accounting.
Whenever any such condemnation proceedings have
been, or hereafter may be abandoned, no new proceedings
for the acquisition of the same or substantially similar properties shall be instituted until the expiration of one year from
the date of such abandonment, but such proceedings may be
instituted at any time thereafter. [1945 c 130 § 3; Rem.
Supp. 1945 § 10459-13. Formerly RCW 54.20.010 through
54.20.050.]
Purpose—Severability—1945 c 130: See notes following RCW
54.04.100.
Chapter 54.24
FINANCES
Statement of operations—Decree of appropriation—
Retirement of properties—Accounting—Limitation on
new proceedings.
Sections
54.20.010 Statement of operations—Decree of
appropriation—Retirement of properties—Accounting—
Limitation on new proceedings. In any condemnation
proceeding heretofore or hereafter instituted or conducted by
a public utility district for the acquisition of properties, the
district may serve upon the condemnee’s attorneys of record
and file with the court a notice of its intention to present a
decree of appropriation together with a demand for a verified
statement showing in reasonable detail the following information with respect to the operation of the properties since
the date of verdict, if the case was tried by jury, or since the
date of the judgment fixing compensation, if the case was
tried by the court, namely: the cost of any improvements
and betterments to the properties which were reasonably
necessary and prudently made; the gross income received
from the properties, betterments and improvements; the
actual reasonable expense, exclusive of depreciation, incurred
in the operation thereof. If the condemnee fails to serve and
file the statement within fifteen days after service of the
demand therefor, it may be compelled to do so by contempt
proceedings, and the time during which such proceedings are
pending shall not be considered in computing the time within
which the district may exercise its right of appropriation.
After the statement is filed, the district may pay the amount
of the verdict or judgment plus (1) accrued interest thereon
less the net income before allowance for depreciation, and
(2) the cost of such improvements and betterments, all as
shown by the sworn statement, and concurrently obtain its
decree of appropriation. The condemnee may retire from
use after the verdict or judgment such items of the properties
as may be reasonably necessary in the ordinary and usual
course of operation thereof, in which case it shall show in its
statement the reasonable value of such items retired, and the
district may deduct such value from the sum otherwise payable by it. If the condemnee fails to file the statement
within fifteen days after service of the demand therefor, the
district at its option may pay the full amount of the judgment
or verdict plus accrued interest thereon and concurrently
obtain a decree of appropriation.
[Title 54 RCW—page 22]
GENERAL PROVISIONS
54.24.010
54.24.012
Treasurer—Bond—Duties—Funds—Depositaries.
Destruction of canceled or paid revenue obligations and
interest coupons.
BONDS OR WARRANTS—1931 ACT
54.24.018
Acquisition of property—Adoption of plan—Bonds or warrants—Special funds.
BONDS—REVENUE OBLIGATIONS—1941 ACT
54.24.020
54.24.030
54.24.040
54.24.050
54.24.060
54.24.070
54.24.080
54.24.090
54.24.100
54.24.110
54.24.120
General obligation bonds, revenue obligations for cost of
utilities.
Revenue obligations—Special fund—Form, term, payment,
etc.—Resolution of authority, contents—Contracts for
future sale.
Considerations in creating special fund—Status of claims
against fund—When lien attaches.
Covenants to secure owners of revenue obligations.
Sale, delivery of revenue obligations.
Prima facie validity of revenue obligations.
Rates and charges—Waiver of connection charges for lowincome persons.
Funding, refunding revenue obligations.
Execution of revenue obligations—Signatures.
Laws and resolutions as contract.
Obligations as lawful securities and investments.
LOCAL IMPROVEMENT GUARANTY FUND
54.24.200
54.24.210
54.24.220
54.24.230
54.24.240
54.24.250
54.24.260
Local improvement guaranty fund.
Local improvement guaranty fund—Duties of the district.
Local improvement guaranty fund—Warrants to meet liabilities.
Local improvement guaranty fund—Certificates of delinquency—Contents, purchase, payment, issuance, sale.
Local improvement guaranty fund—Certificates of delinquency—Redemption, foreclosure.
Local improvement guaranty fund—Subrogation of district
as trustee of fund, effect on fund, disposition of proceeds.
Local improvement guaranty fund—Rights and remedies of
bond or warrant holder which shall be printed on bond
or warrant—Disposition of balance of fund.
(2002 Ed.)
Finances
54.24.010
GENERAL PROVISIONS
BONDS OR WARRANTS—1931 ACT
54.24.010 Treasurer—Bond—Duties—Funds—
Depositaries. The treasurer of the county in which a utility
district is located shall be ex officio treasurer of the district:
PROVIDED, That the commission by resolution may
designate some other person having experience in financial
or fiscal matters as treasurer of the utility district. The
commission may require a bond, with a surety company
authorized to do business in the state of Washington, in an
amount and under the terms and conditions which the
commission by resolution from time to time finds will
protect the district against loss. The premium on any such
bond shall be paid by the district.
All district funds shall be paid to the treasurer and shall
be disbursed by him only on warrants issued by an auditor
appointed by the commission, upon orders or vouchers
approved by it. The treasurer shall establish a public utility
district fund, into which shall be paid all district funds, and
he shall maintain such special funds as may be created by
the commission, into which he shall place all money as the
commission may, by resolution, direct.
If the treasurer of the district is the treasurer of the
county all district funds shall be deposited with the county
depositaries under the same restrictions, contracts, and
security as provided for county depositaries; if the treasurer
of the district is some other person, all funds shall be
deposited in such bank or banks authorized to do business in
this state as the commission by resolution shall designate,
and with surety bond to the district or securities in lieu
thereof of the kind, no less in amount, as provided in *RCW
36.48.020 for deposit of county funds.
Such surety bond or securities in lieu thereof shall be
filed or deposited with the treasurer of the district, and
approved by resolution of the commission.
All interest collected on district funds shall belong to the
district and be deposited to its credit in the proper district
funds.
A district may provide and require a reasonable bond of
any other person handling moneys or securities of the
district: PROVIDED, That the district pays the premium
thereon. [1999 c 18 § 6; 1959 c 218 § 2; 1957 c 140 § 1;
1955 c 124 § 7. Prior: (i) 1931 c 1 § 9; RRS § 11613. (ii)
1931 c 1 § 8, part; RRS § 11612, part.]
54.24.018 Acquisition of property—Adoption of
plan—Bonds or warrants—Special funds. (1) Whenever
the commission shall deem it advisable that the public utility
district purchase, purchase and condemn, acquire, or construct any such public utility, or make any additions or
betterments thereto, or extensions thereof, the commission
shall provide therefor by resolution, which shall specify and
adopt the system or plan proposed, and declare the estimated
cost thereof, as near as may be, and specify whether general
or utility indebtedness is to be incurred, the amount of such
indebtedness, the amount of interest and the time in which
all general bonds (if any) shall be paid, not to exceed thirty
years. In the event the proposed general indebtedness to be
incurred will bring the nonvoter approved indebtedness of
the public utility district to an amount exceeding threefourths of one percent of the value of the taxable property of
the public utility district, as the term "value of the taxable
property" is defined in RCW 39.36.015, the proposition of
incurring such indebtedness and the proposed plan or system
shall be submitted to the qualified electors of said public
utility district for their approval or rejection at the next
general election held in such public utility district. Elections
shall be held as provided in RCW 39.36.050.
Whenever the commission (or a majority of the qualified voters of such public utility district, voting at said
election, when it is necessary to submit the same to said
voters) shall have adopted a system or plan for any such
public utility, as aforesaid, and shall have authorized
indebtedness therefor by a three-fifths vote of the qualified
voters of such district, voting at said election, general or
public utility bonds may be used as hereinafter provided.
The principal and interest of such general bonds shall be
paid from the revenue of such public utility district after
deducting costs of maintenance, operation, and expenses of
the public utility district, and any deficit in the payment of
principal and interest of said general bonds shall be paid by
levying each year a tax upon the taxable property within said
district sufficient to pay said interest and principal of said
bonds, which tax shall be due and collectible as any other
tax. Said bonds shall be issued and sold in accordance with
chapter 39.46 RCW.
(2) All bonds and warrants issued under the authority of
this chapter shall be legal securities, which may be used by
any bank or trust company for deposit with the state treasurer, or any county or city treasurer, as security for deposits,
in lieu of a surety bond, under any law relating to deposits
of public moneys.
(3) When the commission shall not desire to incur a
general indebtedness in the purchase, condemnation and
purchase, acquisition, or construction of any such public
utility, or addition or betterment thereto, or extension thereof,
it shall have the power to create a special fund or funds for
the sole purpose of defraying the cost of such public utility,
or addition or betterment thereto, or extension thereof, into
which special fund or funds it may obligate and bind the
district to set aside and pay a fixed proportion of the gross
revenues of such public utility, or any fixed amount out of,
and not exceeding a fixed proportion of, such revenues, or
a fixed amount without regard to any fixed proportion, and
*Reviser’s note: RCW 36.48.020 was repealed by 1984 c 177 § 21.
54.24.012 Destruction of canceled or paid revenue
obligations and interest coupons. After any revenue
obligations or interest coupons have been canceled or paid
they may be destroyed as directed by the district, any
provisions of chapter 40.14 RCW notwithstanding: PROVIDED, That a certificate of destruction giving full descriptive reference to the documents destroyed shall be made by
the person or persons authorized to perform such destruction
and one copy of the certificate shall be filed with the
treasurer of the district. [1959 c 218 § 15.]
(2002 Ed.)
[Title 54 RCW—page 23]
54.24.018
Title 54 RCW: Public Utility Districts
to issue and sell revenue bonds or warrants bearing interest
at such rate or rates, payable semiannually, executed in such
manner, and payable at such times and places as the commission shall determine, but such bonds or warrants and the
interest thereon, shall be payable only out of such special
fund or funds. In creating any such special fund or funds,
the commission shall have due regard to the cost of operation and maintenance of the plant or system as constructed
or added to, and to any proportion or part of the revenues
previously pledged as a fund for the payment of bonds or
warrants, and shall not set aside into such special fund or
funds a greater amount or proportion of the revenues and
proceeds than, in its judgment, will be available over and
above such cost of maintenance and operation and the
amount or proportion, if any, of the revenues so previously
pledged. Any such bonds or warrants, and interest thereon,
issued against any such fund, as herein provided, shall be a
valid claim of the owner thereof only as against the said
special fund and its fixed proportion or amount of the
revenue pledged to such fund, and shall not constitute an
indebtedness of such district within the meaning of the
constitutional provisions and limitations. Each such bond or
warrant shall state on its face that it is payable from a
special fund, naming such fund and the resolution creating
it. Said bonds and warrants shall be sold in such manner as
the commission shall deem for the best interests of the
district. The commission may provide in any contract for
the construction and acquisition of a proposed improvement
or utility that payment therefor shall be made only in such
bonds or warrants at the par value thereof. In all other
respects, the issuance of such utility bonds or warrants and
payment therefor shall be governed by the public utility laws
for cities and towns. The revenue or utility bonds or
warrants may be in any form, including bearer bonds or
bearer warrants, or registered bonds or registered warrants as
provided in RCW 39.46.030.
(4) Notwithstanding subsection (3) of this section, any
of such revenue bonds and revenue warrants may be issued
and sold in accordance with chapter 39.46 RCW. [1984 c
186 § 45; 1983 c 167 § 146; 1971 c 12 § 1. Prior: 1970
ex.s. c 56 § 77; 1970 ex.s. c 42 § 33; 1969 ex.s. c 232 § 14;
1931 c 1 § 7; RRS § 11611. Formerly RCW 54.24.130
through 54.24.160.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
Municipal utilities: Chapter 35.92 RCW.
BONDS—REVENUE OBLIGATIONS—1941 ACT
54.24.020 General obligation bonds, revenue
obligations for cost of utilities. Whenever the commission
of a public utility district, organized pursuant to chapter 1 of
the Laws of 1931 (sections 11605 et seq. of Remington’s
Revised Statutes) shall deem it advisable that the district
purchase, purchase and condemn, acquire or construct any
public utility, or make any additions or betterments thereto
or extensions thereof, the commission shall provide therefor
[Title 54 RCW—page 24]
by resolution, which shall specify and adopt the system or
plan proposed and declare the estimated cost thereof, as near
as may be, including as part of such cost funds necessary for
working capital for the operation of such public utility by the
district and for the payment of the expenses incurred in the
acquisition or construction thereof, and shall specify whether
general obligation bonds or revenue obligations are to be
issued to defray such cost and the amount of such general
obligation bonds or revenue obligations.
The commissioners may provide in such resolution that
any additional works, plants, or facilities subsequently
acquired or constructed by the district for the same uses,
whether or not physically connected therewith, shall be
deemed additions or betterments to or extensions of such
public utility. [1959 c 218 § 3; 1941 c 182 § 1; Rem. Supp.
1941 § 11611-1.]
Severability—1941 c 182: "If any section or provision of this act
shall be adjudged to be invalid such adjudication shall not affect the validity
of the act as a whole or any section, provision or part thereof not adjudged
to be invalid." [1941 c 182 § 12.]
Revenue obligations defined: RCW 54.04.010.
54.24.030 Revenue obligations—Special fund—
Form, term, payment, etc.—Resolution of authority,
contents—Contracts for future sale. (1) Whenever the
commission shall deem it advisable to issue revenue obligations for the purpose of defraying the cost or part of the cost
of such public utility or any additions or betterments thereto
or extensions thereof, it shall have power as a part of such
plan and system to create a special fund or funds for the
purpose of defraying the cost of such public utility, or
additions or betterments thereto or extensions thereof, into
which special fund or funds it may obligate and bind the
district to set aside and pay a fixed proportion of the gross
revenues of such public utility, and all additions or
betterments thereto or extensions thereof, or any fixed
amount out of, and not exceeding a fixed proportion of such
revenues, or a fixed amount without regard to any fixed
proportion, or an amount of such revenues equal to a fixed
percentage of the aggregate principal amount of revenue
obligations at any time issued against the special fund or
funds, and to issue and sell revenue obligations payable as
to both principal and interest only out of such fund or funds.
Such revenue obligations shall bear such date or dates,
mature at such time or times, be in such denominations, be
in such form, either coupon or registered, as provided in
RCW 39.46.030, or both, carry such registration privileges,
be made transferable, exchangeable, and interchangeable, be
payable in such medium of payment, at such place or places,
and be subject to such terms of redemption as the commission shall by resolution determine.
Any resolution or resolutions authorizing the issuance of
any revenue obligations maturing in not exceeding six years
from the date thereof (hereinafter in this section referred to
as "short term obligations") may contain, in addition to all
other provisions authorized by this title, and as an alternate
method for the payment thereof, provisions which shall be
a part of the contract with the holders of the short term
obligations thereby authorized as to:
(a) Refunding the short term obligations at or prior to
maturity and, if so provided, outstanding bonds by the
issuance of revenue bonds of the district either by the sale of
(2002 Ed.)
Finances
bonds and application of the proceeds to the payment of the
short term obligations and outstanding bonds or by the
exchange of bonds for the short term obligations;
(b) Satisfying, paying, or discharging the short term
obligations at the election of the district by the tender or
delivery of revenue bonds of the district in exchange
therefor: PROVIDED, That the aggregate principal amount
of bonds shall not exceed by more than five percent the
aggregate principal amount of the short term obligations, to
satisfy, pay, or discharge said short term obligations for
which the bonds are tendered or delivered;
(c) Exchanging or converting the short term obligations
at the election of the owner thereof for or into the bonds of
the district: PROVIDED, That the aggregate principal
amount of the bonds shall not exceed by more than five
percent the aggregate principal amount of the short term
obligations to be exchanged for or converted into bonds;
(d) Pledging bonds of the district as collateral to secure
payment of the short term obligations and providing for the
terms and conditions of the pledge and the manner of
enforcing the pledge, which terms and conditions may
provide for the delivery of the bonds in satisfaction of the
short term obligations: PROVIDED, That the aggregate
principal amount of the bonds pledged shall not exceed by
more than five percent the aggregate principal amount of the
short term obligations to secure said short term obligations
for which they are pledged;
(e) Depositing bonds in escrow or in trust with a trustee
or fiscal agent or otherwise providing for the issuance and
disposition of the bonds as security for carrying out any of
the provisions in any resolution adopted pursuant to this
section and providing for the powers and duties of the
trustee, fiscal agent, or other depositary and the terms and
conditions upon which the bonds are to be issued, held and
disposed of;
(f) Any other matters of like or different character
which relate to any provision or provisions of any resolution
adopted pursuant to this section.
A district shall have power to make contracts for the
future sale from time to time of revenue obligations by
which the purchasers shall be committed to purchase such
revenue obligations from time to time on the terms and
conditions stated in such contract; and a district shall have
power to pay such consideration as it shall deem proper for
such commitments.
(2) Notwithstanding subsection (1) of this section, such
revenue obligations may be issued and sold in accordance
with chapter 39.46 RCW. [1983 c 167 § 147; 1959 c 218 §
4; 1941 c 182 § 2; Rem. Supp. 1941 § 11611-2.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
54.24.040 Considerations in creating special fund—
Status of claims against fund—When lien attaches. In
creating any special fund for the payment of revenue obligations, the commission shall have due regard to the cost of
operation and maintenance of the plant or system constructed
or added to, and to any proportion or amount of the revenues
previously pledged as a fund for the payment of revenue
(2002 Ed.)
54.24.030
obligations, and shall not set aside into such special fund or
funds a greater amount or proportion of the revenues and
proceeds than in its judgment will be available over and
above such cost of maintenance and operation and the
amount or proportion, if any, of the revenues so previously
pledged. Any such revenue obligations and interest thereon
issued against any such fund as herein provided shall be a
valid claim of the owner thereof only as against such special
fund and the proportion or amount of the revenues pledged
to such fund, but shall constitute a prior charge over all
other charges or claims whatsoever, including the charge or
lien of any general obligation bonds against such fund and
the proportion or amount of the revenues pledged thereto.
Such revenue obligations shall not constitute an indebtedness
of such district within the meaning of the constitutional
provisions and limitations. Each revenue obligation shall
state on its face that it is payable from a special fund,
naming such fund and the resolution creating it, or shall
describe such alternate method for the payment thereof as
shall be provided by the resolution authorizing same.
It is the intention hereof that any pledge of the revenues
or other moneys or obligations made by a district shall be
valid and binding from the time that the pledge is made; that
the revenues or other moneys or obligations so pledged and
thereafter received by a district shall immediately be subject
to the lien of such pledge without any physical delivery or
further act, and that the lien of any such pledge shall be
valid and binding as against any parties having claims of any
kind in tort, contract, or otherwise against a district irrespective of whether such parties have notice thereof. Neither the
resolution or other instrument by which a pledge is created
need be recorded. [1983 c 167 § 148; 1959 c 218 § 5; 1941
c 182 § 5; Rem. Supp. 1941 § 11611-5.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
54.24.050 Covenants to secure owners of revenue
obligations. Any resolution creating any such special fund
or authorizing the issue of revenue obligations payable
therefrom, or by such alternate method of payment as may
be provided therein, shall specify the title of such revenue
obligations as determined by the commission and may
contain covenants by the district to protect and safeguard the
security and the rights of the owners thereof, including
covenants as to, among other things:
(1) The purpose or purposes to which the proceeds of
sale of such obligations may be applied and the use and
disposition thereof;
(2) The use and disposition of the gross revenues of the
public utility, and any additions or betterments thereto or
extensions thereof, the cost of which is to be defrayed with
such proceeds, including the creation and maintenance of
funds for working capital to be used in the operation of the
public utility and for renewals and replacements to the public
utility;
(3) The amount, if any, of additional revenue obligations
payable from such fund which may be issued and the terms
and conditions on which such additional revenue obligations
may be issued;
(4) The establishment and maintenance of adequate rates
and charges for electric energy, water, and other services,
[Title 54 RCW—page 25]
54.24.050
Title 54 RCW: Public Utility Districts
facilities, and commodities sold, furnished, or supplied by
the public utility;
(5) The operation, maintenance, management, accounting, and auditing of the public utility;
(6) The terms and prices upon which such revenue
obligations or any of them may be redeemed at the election
of the district;
(7) Limitations upon the right to dispose of such public
utility or any part thereof without providing for the payment
of the outstanding revenue obligations; and
(8) The appointment of trustees, depositaries, and paying
agents to receive, hold, disburse, invest, and reinvest all or
any part of the income, revenues, receipts, and profits
derived by the district from the operation, ownership, and
management of its public utility. [1983 c 167 § 149; 1959
c 218 § 6; 1945 c 143 § 2; 1941 c 182 § 3; Rem. Supp.
1945 § 11611-3.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
54.24.060 Sale, delivery of revenue obligations. (1)
Such utility revenue obligations shall be sold and delivered
in such manner, at such rate or rates of interest and for such
price or prices and at such time or times as the commission
shall deem for the best interests of the district. The commission may, if it deem it to the best interest of the district,
provide in any contract for the construction or acquisition of
the public utility, or the additions or betterments thereto or
extensions thereof, that payment therefor shall be made only
in such revenue obligations at the par value thereof.
(2) Notwithstanding subsection (1) of this section, such
obligations may be issued and sold in accordance with
chapter 39.46 RCW. [1983 c 167 § 150; 1970 ex.s. c 56 §
78; 1969 ex.s. c 232 § 83; 1959 c 218 § 7; 1941 c 182 § 4;
Rem. Supp. 1941 § 11611-4.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Effective date—Purpose—1970 ex.s. c 56: See notes following
RCW 39.44.030.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.44.030.
54.24.070 Prima facie validity of revenue obligations. The state auditor need not register, certify, nor sign
revenue obligations after July 26, 1981. These obligations
shall be held in every action, suit, or proceeding in which
their validity is or may be brought into question prima facie
valid and binding obligations of the districts in accordance
with their terms, notwithstanding any defects or irregularities
in the proceedings for the organization of the district and the
election of the commissioners thereof or for the authorization
and issuance of such revenue obligations or in the sale,
execution, or delivery thereof. [1981 c 37 § 1; 1959 c 218
§ 8; 1941 c 182 § 6; Rem. Supp. 1941 § 11611-6.]
54.24.080 Rates and charges—Waiver of connection
charges for low-income persons. (1) The commission of
each district which shall have revenue obligations outstanding shall have the power and shall be required to establish,
maintain, and collect rates or charges for electric energy and
water and other services, facilities, and commodities sold,
furnished, or supplied by the district. The rates and charges
[Title 54 RCW—page 26]
shall be fair and, except as authorized by RCW 74.38.070
and by subsections (2) and (3) of this section, nondiscriminatory, and shall be adequate to provide revenues sufficient for
the payment of the principal of and interest on such revenue
obligations for which the payment has not otherwise been
provided and all payments which the district is obligated to
set aside in any special fund or funds created for such
purpose, and for the proper operation and maintenance of the
public utility and all necessary repairs, replacements, and
renewals thereof.
(2) The commission of a district may waive connection
charges for properties purchased by low-income persons
from organizations exempt from tax under section 501(c)(3)
of the federal internal revenue code as amended prior to the
July 23, 1995. Waivers of connection charges for the same
class of electric or gas utility service must be uniformly
applied to all qualified property. Nothing in this subsection
(2) authorizes the impairment of a contract.
(3) In establishing rates or charges for water service,
commissioners may in their discretion consider the achievement of water conservation goals and the discouragement of
wasteful water use practices. [1995 c 140 § 3; 1991 c 347
§ 21; 1959 c 218 § 9; 1941 c 182 § 7; Rem. Supp. 1941 §
11611-7.]
Purposes—1991 c 347: See note following RCW 90.42.005.
Severability—1991 c 347: See RCW 90.42.900.
54.24.090 Funding, refunding revenue obligations.
Whenever any district shall have outstanding any utility
revenue obligations, the commission shall have power by
resolution to provide for the issuance of funding or refunding
revenue obligations with which to take up and refund such
outstanding revenue obligations or any part thereof at the
maturity thereof or before maturity if the same be by their
terms or by other agreement subject to call for prior redemption, with the right in the commission to include various
series and issues of such outstanding revenue obligations in
a single issue of funding or refunding revenue obligations,
and to issue refunding revenue obligations to pay any
redemption premium payable on the outstanding revenue
obligations being funded or refunded. Such funding or
refunding revenue obligations shall be payable only out of a
special fund created out of the gross revenues of such public
utility, and shall only be a valid claim as against such special
fund and the amount of the revenues of such utility pledged
to such fund. Such funding or refunding revenue obligations
shall in the discretion of the commission be exchanged at par
for the revenue obligations which are being funded or
refunded or shall be sold in such manner, at such price and
at such rate or rates of interest as the commission shall deem
for the best interest of the district. Said funding or refunding [revenue] obligations shall except as specifically provided in this section, be issued in accordance with the
provisions with respect to revenue obligations in chapter 182,
Laws of 1941 set forth. [1970 ex.s. c 56 § 79; 1969 ex.s. c
232 § 84; 1959 c 218 § 10; 1941 c 182 § 8; Rem. Supp.
1941 c 11611-8.]
Effective date—Purpose—1970 ex.s. c 56: See notes following
RCW 39.44.030.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.44.030.
(2002 Ed.)
Finances
54.24.100 Execution of revenue obligations—
Signatures. (1) All revenue obligations, including funding
and refunding revenue obligations, shall be executed in such
manner as the commission may determine: PROVIDED,
That warrants may be signed as provided in RCW 54.24.010.
Any interest coupons attached to any revenue obligations
may be executed with facsimile or lithographed signatures,
or otherwise, as the commission may determine.
(2) Notwithstanding subsection (1) of this section, such
obligations may be issued and sold in accordance with
chapter 39.46 RCW. [1983 c 167 § 151; 1981 c 37 § 2;
1959 c 218 § 11; 1941 c 182 § 9; Rem. Supp. 1941 §
11611-9.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Facsimile signatures: RCW 39.44.100 through 39.44.102; chapter 39.62
RCW.
54.24.110 Laws and resolutions as contract. The
provisions of chapter 182, Laws of 1941 and the provisions
of chapter 1, Laws of 1931, not hereby superseded, and of
any resolution or resolutions providing for the issuance of
any revenue obligations as herein set forth shall constitute a
contract with the holder or holders of such revenue obligations and the agreements and covenants of the district and its
commission under said acts and any such resolution or
resolutions shall be enforceable by any revenue obligation
holder by mandamus or any other appropriate suit or action
in any court of competent jurisdiction. [1959 c 218 § 12;
1941 c 182 § 10; Rem. Supp. 1941 § 11611-10.]
Mandamus: RCW 7.16.150 through 7.16.280.
54.24.120 Obligations as lawful securities and
investments. All bonds, warrants, and revenue obligations
issued under the authority of chapter 1, Laws of 1931 and
chapter 182, Laws of 1941 shall be legal securities, which
may be used by any bank or trust company for deposit with
the state treasurer, or any county, city, or town treasurer, as
security for deposits in lieu of a surety bond under any law
relating to deposits of public moneys and shall constitute
legal investments for trustees and other fiduciaries other than
corporations doing a trust business in this state and for
savings and loan associations, banks, and insurance companies doing business in this state. All such bonds, warrants,
and revenue obligations and all coupons appertaining thereto
shall be negotiable instruments within the meaning of and
for all purposes of the negotiable instruments law of this
state. [1959 c 218 § 13; 1941 c 182 § 11; Rem. Supp. 1941
§ 11611-11.]
Investment securities: Article 62A.8 RCW.
LOCAL IMPROVEMENT GUARANTY FUND
54.24.200 Local improvement guaranty fund. Every
public utility district in the state is hereby authorized, by
resolution, to create a fund for the purpose of guaranteeing,
to the extent of such fund, and in the manner hereinafter
provided, the payment of such of its local improvement
bonds and/or warrants as the commission may determine
issued to pay for any local improvement within any local
utility district established within the boundaries of the public
(2002 Ed.)
54.24.100
utility district. Such fund shall be designated "local improvement guaranty fund, public utility district No. . . . .".
For the purpose of maintaining such fund the public utility
district shall set aside and pay into it such proportion as the
commissioners may direct by resolution of the monthly gross
revenues of its public utilities for which local improvement
bonds and/or warrants have been issued and guaranteed by
said fund: PROVIDED, HOWEVER, That any obligation to
make payments into said fund as herein provided shall be
junior to any pledge of said gross revenues for the payment
of any outstanding or future general obligation bonds or
revenue bonds of the district. The proportion may be varied
from time to time as the commissioners deem expedient:
PROVIDED, FURTHER, That under the existence of the
conditions set forth in subdivisions (1) and (2), hereunder,
and when consistent with the covenants of a public utility
district securing its bonds, the proportion shall be as therein
specified, to wit:
(1) When bonds and/or warrants of a local utility district
have been guaranteed and are outstanding and the guaranty
fund does not have a cash balance equal to twenty percent
of all bonds and/or warrants originally guaranteed hereunder,
excluding bonds and/or warrants which have been retired in
full, then twenty percent of the gross monthly revenues from
each public utility for which such bonds and/or warrants
have been issued and are outstanding but not necessarily
from users in other parts of the public utility district as a
whole, shall be set aside and paid into the guaranty fund:
PROVIDED, That when, under the requirements of this
subdivision, the cash balance accumulates so that it is equal
to twenty percent of the total original guaranteed bonds
and/or warrants, exclusive of any issue of bonds and/or
warrants of a local utility district which issue has been paid
and/or redeemed in full, or equal to the full amount of all
bonds and/or warrants guaranteed, outstanding and unpaid,
which amount might be less than twenty percent of the
original total guaranteed, then no further revenue need be set
aside and paid into the guaranty fund so long as such
condition continues;
(2) When warrants issued against the guaranty fund
remain outstanding and uncalled, for lack of funds, for six
months from date of issuance, or when bonds, warrants, or
any coupons or interest payments guaranteed hereunder have
been matured for six months and have not been redeemed,
then twenty percent of the gross monthly revenue, or such
portion thereof as the commissioners determine will be
sufficient to retire the warrants or redeem the coupons,
interest payments, bonds and/or warrants in the ensuing six
months, derived from all the users of the public utilities for
which such bonds and/or warrants have been issued and are
outstanding in whole or in part, shall be set aside and paid
into the guaranty fund: PROVIDED, That when under the
requirements of this subdivision all warrants, coupons, bonds
and/or warrants specified in this subdivision have been
redeemed and interest payments made, no further income
need be set aside and paid into the guaranty fund under the
requirements of this subdivision unless other warrants remain
outstanding and unpaid for six months or other coupons,
bonds and/or warrants default or interest payments are not
made: PROVIDED, FURTHER, HOWEVER, That no more
than a total of twenty percent of the gross monthly revenue
shall be required to be set aside and paid into the guaranty
[Title 54 RCW—page 27]
54.24.200
Title 54 RCW: Public Utility Districts
fund by these subdivisions (1) and (2). [1983 c 167 § 152;
1957 c 150 § 1.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Local utility districts: RCW 54.16.120.
54.24.210 Local improvement guaranty fund—
Duties of the district. To comply with the requirements of
setting aside and paying into the local improvement guaranty
fund a proportion of the monthly gross revenues of the
public utilities of a district, for which guaranteed local
improvement bonds and/or warrants have been issued and
are outstanding, the district shall bind and obligate itself so
long as economically feasible to maintain and operate the
utilities and establish, maintain and collect such rates for
water and/or electric energy, as the case may be, as will
produce gross revenues sufficient to maintain and operate the
utilities, and make necessary provision for the guaranty fund.
The district shall alter its rates for water and/or electric
energy, as the case may be, from time to time and shall vary
them in different portions of its territory to comply with such
requirements. [1957 c 150 § 2.]
54.24.220 Local improvement guaranty fund—
Warrants to meet liabilities. When a bond, warrant, or any
coupon or interest payment guaranteed by the guaranty fund
matures and there are not sufficient funds in the local utility
district bond redemption fund to pay it, the county treasurer
shall pay it from the local improvement guaranty fund of the
public utility district; if there are not sufficient funds in the
guaranty fund to pay it, it may be paid by issuance and
delivery of a warrant upon the local improvement guaranty
fund.
When the cash balance in the local improvement
guaranty fund is insufficient for the required purposes,
warrants drawing interest at a rate determined by the
commission may be issued by the district auditor, against the
fund to meet any liability accrued against it and shall issue
them upon demand of the owners of any matured coupons,
bonds, interest payments, and/or warrants guaranteed hereby,
or to pay for any certificate of delinquency for delinquent
installments of assessments as provided hereinafter. Guaranty fund warrants shall be a first lien in their order of
issuance upon the guaranty fund. [1983 c 167 § 153; 1981
c 156 § 19; 1957 c 150 § 3.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
54.24.230 Local improvement guaranty fund—
Certificates of delinquency—Contents, purchase, payment, issuance, sale. Within twenty days after the date of
delinquency of any annual installment of assessments levied
for the purpose of paying the local improvement bonds
and/or warrants of a district guaranteed hereunder, the
county treasurer shall compile a statement of all installments
delinquent together with the amount of accrued interest and
penalty appurtenant to each installment, and shall forthwith
purchase, for the district, certificates of delinquency for all
such delinquent installments. Payment for the certificates
shall be made from the local improvement guaranty fund and
if there is not sufficient money in that fund to pay for the
[Title 54 RCW—page 28]
certificates, the county treasurer shall accept the local
improvement guaranty fund warrants in payment therefor.
All certificates shall be issued in the name of the local
improvement guaranty fund and all guaranty fund warrants
issued in payment therefor shall be issued in the name of the
appropriate local utility district fund. When a market is
available and the commissioners direct, the county treasurer
shall sell any certificates belonging to the local improvement
guaranty fund, for not less than face value thereof plus
accrued interest from date of issuance to date of sale.
The certificates shall be issued by the county treasurer,
shall bear interest at the rate of ten percent per year, shall
each be for the face value of the delinquent installment, plus
accrued interest to date of issuance, plus a penalty of five
percent of the face value, and shall set forth the:
(1) Description of property assessed;
(2) Date the installment of assessment became delinquent; and
(3) Name of the owner or reputed owner, if known.
[1957 c 150 § 4.]
54.24.240 Local improvement guaranty fund—
Certificates of delinquency—Redemption, foreclosure.
The certificates of delinquency may be redeemed by the
owner of the property assessed at any time up to two years
from the date of foreclosure of the certificate.
If a certificate is not redeemed on the second occurring
first day of January, after its issuance, the county treasurer
shall foreclose the certificate in the manner specified for the
foreclosure of the lien of local improvement assessments in
cities, and if no redemption is made within the succeeding
two years, from date of the decree of foreclosure, shall
execute and deliver unto the public utility district, as trustee
for the fund, a deed conveying fee simple title to the
property described in the foreclosed certificate. [1957 c 150
§ 5.]
54.24.250 Local improvement guaranty fund—
Subrogation of district as trustee of fund, effect on fund,
disposition of proceeds. When there is paid out of a
guaranty fund any sum on the principal or interest upon local
improvement bonds, and/or warrants, or on the purchase of
certificates of delinquency, the public utility district, as
trustee, for the fund, shall be subrogated to all rights of the
owner of the bonds, and/or warrants, any interest coupons,
or delinquent assessment installments so paid; and the
proceeds thereof, or of the assessment underlying them, shall
become a part of the guaranty fund. There shall also be paid
into the guaranty fund the interest received from the bank
deposits of the fund, as well as any surplus remaining in the
local utility district funds guaranteed hereunder, after the
payment of all outstanding bonds and/or warrants payable
primarily out of such local utility district funds. As among
the several issues of bonds and/or warrants guaranteed by the
fund, no preference shall exist, but defaulted interest coupons
and bonds and/or warrants shall be purchased out of the fund
in the order of their presentation.
The commissioners shall prescribe, by resolution,
appropriate rules for the guaranty fund consistent herewith.
So much of the money of a guaranty fund as is necessary
and not required for other purposes hereunder may be used
(2002 Ed.)
Finances
to purchase property at county tax foreclosure sales or from
the county after foreclosure in cases where the property is
subject to unpaid local improvement assessments securing
bonds and/or warrants guaranteed hereunder and such
purchase is deemed necessary for the purpose of protecting
the guaranty fund. In such cases the funds shall be subrogated to all rights of the district. After so acquiring title to
real property, the district may lease or resell and convey it
in the same manner that county property may be leased or
resold and for such prices and on such terms as may be
determined by resolution of the commissioners. All proceeds resulting from such resales shall belong to and be paid
into the guaranty fund. [1983 c 167 § 154; 1957 c 150 § 6.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
54.24.260 Local improvement guaranty fund—
Rights and remedies of bond or warrant holder which
shall be printed on bond or warrant—Disposition of
balance of fund. Neither the holder nor the owner of local
improvement bonds and/or warrants guaranteed hereunder
shall have a claim therefor against the public utility district,
except for payment from the special assessment made for the
improvement for which the bonds and/or warrants were
issued, and except as against the guaranty fund. The district
shall not be liable to any holder or owner of such local
improvement bonds and/or warrants for any loss to the guaranty fund occurring in the lawful operation thereof by the
district. The remedy of the holder of a local improvement
bond and/or warrant shall be confined to the enforcement of
the assessment and to the guaranty fund. A copy of the
foregoing part of this section shall be plainly written,
printed, or engraved on each local improvement bond and/or
warrant guaranteed hereby. The establishment of a guaranty
fund shall not be deemed at variance from any comprehensive plan heretofore adopted by a district.
If a guaranty fund at any time has balance therein in
cash, and the obligations guaranteed thereby have all been
paid off, the balance may be transferred to such other fund
of the district as the commissioners shall, by resolution, direct. [1957 c 150 § 7.]
54.24.250
54.28.120
Amount of tax if district acquires electric utility property
from public service company.
Special benefit assessments—Property taxes—Exemptions: RCW 84.34.300
through 84.34.380.
54.28.010 Definitions. As used in this chapter:
(1) "Operating property" means all of the property
utilized by a public utility district in the operation of a plant
or system for the generation, transmission, or distribution of
electric energy for sale;
(2) "Taxing districts" means counties, cities, towns,
school districts, and road districts;
(3) "Distributes to consumers" means the sale of electric
energy to ultimate consumers thereof, and does not include
sales of electric energy for resale by the purchaser;
(4) "Wholesale value" means all costs of a public utility
district associated with the generation and transmission of
energy from its own generation and transmission system to
the point or points of inter-connection with a distribution
system owned and used by a district to distribute such
energy to consumers, or in the event a distribution system
owned by a district is not used to distribute such energy,
then the term means the gross revenues derived by a district
from the sale of such energy to consumers;
(5) "Thermal electric generating facility" means a steampowered electrical energy producing facility utilizing nuclear
or fossil fuels;
(6) "Placed in operation" means delivery of energy into
a transmission or distribution system for use or sale in such
a manner as to establish a value accruing to the power plant
operator, except operation incidental to testing or startup
adjustments;
(7) "Impacted area" for a thermal electric generating
facility on a federal reservation means that area in the state
lying within thirty-five statute miles of the most commonly
used entrance of the federal reservation and which is south
of the southern boundary of township fifteen north. [1977
ex.s. c 366 § 1; 1967 ex.s. c 26 § 22; 1959 c 274 § 1; 1957
c 278 § 7. Prior: (i) 1941 c 245 § 1, part; Rem. Supp. 1941
§ 11616-1, part. (ii) 1949 c 227 § 1(f); Rem. Supp. 1949 §
11616-2(f).]
Effective date—1967 ex.s. c 26: See note following RCW 82.01.050.
Chapter 54.28
PRIVILEGE TAXES
Sections
54.28.010
54.28.011
54.28.020
54.28.025
54.28.030
54.28.040
54.28.050
54.28.055
54.28.060
54.28.070
54.28.080
54.28.090
54.28.100
54.28.110
(2002 Ed.)
Definitions.
"Gross revenue" defined.
Tax imposed—Rates—Additional tax imposed.
Tax imposed with respect to thermal electric generating
facilities—Rate—Additional tax imposed.
Districts’ report to department of revenue.
Tax computed—Payment—Penalties—Disposition.
Distribution of tax.
Distribution of tax proceeds from thermal electric generating
facilities.
Interest.
Municipal taxes—May be passed on.
Additional tax for payment on bonded indebtedness of
school districts.
Deposit of funds to credit of certain taxing districts.
Use of moneys received by taxing district.
Voluntary payments by district to taxing entity for removal
of property from tax rolls.
54.28.011 "Gross revenue" defined. "Gross revenue" shall mean the amount received from the sale of
electric energy excluding any tax levied by a municipal corporation upon the district pursuant to RCW 54.28.070.
[1957 c 278 § 12.]
54.28.020 Tax imposed—Rates—Additional tax
imposed. (1) There is hereby levied and there shall be
collected from every district a tax for the act or privilege of
engaging within this state in the business of operating works,
plants or facilities for the generation, distribution and sale of
electric energy. With respect to each such district, except
with respect to thermal electric generating facilities taxed
under RCW 54.28.025, such tax shall be the sum of the
following amounts: (a) Two percent of the gross revenues
derived by the district from the sale of all electric energy
which it distributes to consumers who are served by a
distribution system owned by the district; (b) five percent of
[Title 54 RCW—page 29]
54.28.020
Title 54 RCW: Public Utility Districts
the first four mills per kilowatt-hour of wholesale value of
self-generated energy distributed to consumers by a district;
(c) five percent of the first four mills per kilowatt-hour of
revenue obtained by the district from the sale of self-generated energy for resale.
(2) An additional tax is imposed equal to the rate
specified in RCW 82.02.030 multiplied by the tax payable
under subsection (1) of this section. [1983 2nd ex.s. c 3 §
8; 1982 1st ex.s. c 35 § 18; 1977 ex.s. c 366 § 2; 1959 c
274 § 2; 1957 c 278 § 2. Prior: 1949 c 227 § 1(a); 1947 c
259 § 1(a); 1941 c 245 § 2(a); Rem. Supp. 1949 § 116162(a).]
in each county; and (5) such other and further information as
the department of revenue reasonably may require in order
to administer the provisions of this chapter. In case of
failure by a district to file such report, the department may
proceed to determine the information, which determination
shall be contestable by the district only for actual fraud.
[1977 ex.s. c 366 § 3; 1975 1st ex.s. c 278 § 30; 1959 c 274
§ 3; 1957 c 278 § 3. Prior: 1949 c 227 § 1(b); 1947 c 259
§ 1(b); 1941 c 245 § 2(b); Rem. Supp. 1949 § 11616-2(b).]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
Severability—1947 c 259: "If any section, subsection, clause,
sentence or phrase of this act be for any reason adjudged unconstitutional,
such adjudication shall not invalidate the remaining portions of this act, and
the legislature hereby declares that it would have enacted this act notwithstanding the omission of the portion so adjudicated invalid." [1947 c 259
§ 2.]
54.28.040 Tax computed—Payment—Penalties—
Disposition. (1) Before May 1st, the department of revenue
shall compute the tax imposed by this chapter for the last
preceding calendar year and notify the district of the amount
thereof, which shall be payable on or before the following
June 1st.
(2) If payment of any tax is not received by the department on or before the due date, there shall be assessed a
penalty of five percent of the amount of the tax; if the tax is
not received within one month of the due date, there shall be
assessed a total penalty of ten percent of the amount of the
tax; and if the tax is not received within two months of the
due date, there shall be assessed a total penalty of twenty
percent of the amount of the tax.
(3) Upon receipt of the amount of each tax imposed the
department of revenue shall deposit the same with the state
treasurer, who shall deposit four percent of the revenues
received under RCW 54.28.020(1) and 54.28.025(1) and all
revenues received under RCW 54.28.020(2) and 54.28.025(2)
in the general fund of the state and shall distribute the
remainder in the manner hereinafter set forth. The state
treasurer shall send a duplicate copy of each transmittal to
the department of revenue. [1996 c 149 § 16; 1982 1st ex.s.
c 35 § 20; 1975 1st ex.s. c 278 § 31; 1957 c 278 § 4. Prior:
1949 c 227 § 1(c); 1947 c 259 § 1(c); 1941 c 245 § 2(c);
Rem. Supp. 1949 § 11616-2(c).]
54.28.025 Tax imposed with respect to thermal
electric generating facilities—Rate—Additional tax
imposed. (1) There is hereby levied and there shall be
collected from every district operating a thermal electric
generating facility, as defined in RCW 54.28.010 as now or
hereafter amended, having a design capacity of two hundred
fifty thousand kilowatts or more, located on a federal
reservation, which is placed in operation after September 21,
1977, a tax for the act or privilege of engaging within the
state in the business of generating electricity for use or sale,
equal to one and one-half percent of wholesale value of
energy produced for use or sale, except energy used in the
operation of component parts of the power plant and
associated transmission facilities under control of the person
operating the power plant.
(2) An additional tax is imposed equal to the rate
specified in RCW 82.02.030 multiplied by the tax payable
under subsection (1) of this section. [1983 2nd ex.s. c 3 §
9; 1982 1st ex.s. c 35 § 19; 1977 ex.s. c 366 § 6.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
54.28.030 Districts’ report to department of revenue. On or before the fifteenth day of March of each year,
each district subject to this tax shall file with the department
of revenue a report verified by the affidavit of its manager
or secretary on forms prescribed by the department of revenue. Such report shall state (1) the gross revenues derived
by the district from the sale of all distributed energy to
consumers and the respective amounts derived from such
sales within each county; (2) the gross revenues derived by
the district from the sale of self-generated energy for resale;
(3) the amount of all generated energy distributed from each
of the facilities subject to taxation by a district from its own
generating facilities, the wholesale value thereof, and the
basis on which the value is computed; (4) the total cost of
all generating facilities and the cost of acquisition of land
and land rights for such facilities or for reservoir purposes
[Title 54 RCW—page 30]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
54.28.050 Distribution of tax. After computing the
tax imposed by RCW 54.28.020(1), the department of
revenue shall instruct the state treasurer, after placing thirtyseven and six-tenths percent in the state general fund to be
dedicated for the benefit of the public schools, to distribute
the balance collected under RCW 54.28.020(1)(a) to each
county in proportion to the gross revenue from sales made
within each county; and to distribute the balance collected
under RCW 54.28.020(1) (b) and (c) as follows: If the
entire generating facility, including reservoir, if any, is in a
single county then all of the balance to the county where
such generating facility is located. If any reservoir is in
more than one county, then to each county in which the
reservoir or any portion thereof is located a percentage equal
to the percentage determined by dividing the total cost of the
generating facilities, including adjacent switching facilities,
into twice the cost of land and land rights acquired for any
(2002 Ed.)
Privilege Taxes
reservoir within each county, land and land rights to be
defined the same as used by the federal power commission.
If the powerhouse and dam, if any, in connection with such
reservoir are in more than one county, the balance shall be
divided sixty percent to the county in which the owning
district is located and forty percent to the other county or
counties or if said powerhouse and dam, if any, are owned
by a joint operating agency organized under chapter 43.52
RCW, or by more than one district or are outside the county
of the owning district, then to be divided equally between
the counties in which such facilities are located. If all of the
powerhouse and dam, if any, are in one county, then the
balance shall be distributed to the county in which the
facilities are located.
The provisions of this section shall not apply to the
distribution of taxes collected under RCW 54.28.025. [1982
1st ex.s. c 35 § 21; 1980 c 154 § 8; 1977 ex.s. c 366 § 4;
1975 1st ex.s. c 278 § 32; 1959 c 274 § 4; 1957 c 278 § 5.
Prior: 1949 c 227 § 1(d); 1947 c 259 § 1(d); 1941 c 245 §
2(d); Rem. Supp. 1949 § 11616-2(d).]
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
Effective date—1959 c 274: "The effective date of section 4 of this
1959 amendatory act shall be January 1, 1960." [1959 c 274 § 6.]
54.28.055 Distribution of tax proceeds from thermal
electric generating facilities. (1) After computing the tax
imposed by RCW 54.28.025(1), the department of revenue
shall instruct the state treasurer to distribute the amount
collected as follows:
(a) Fifty percent to the state general fund for the support
of schools; and
(b) Twenty-two percent to the counties, twenty-three
percent to the cities, three percent to the fire protection
districts, and two percent to the library districts.
(2) Each county, city, fire protection district and library
district shall receive a percentage of the amount for distribution to counties, cities, fire protection districts and library
districts, respectively, in the proportion that the population
of such district residing within the impacted area bears to the
total population of all such districts residing within the
impacted area. For the purposes of this chapter, the term
"library district" includes only regional libraries as defined
in RCW 27.12.010(4), rural county library districts as
defined in RCW 27.12.010(5), intercounty rural library
districts as defined in RCW 27.12.010(6), and island library
districts as defined in RCW 27.12.010(7). The population of
a library district, for purposes of such a distribution, shall
not include any population within the library district and the
impact area that also is located within a city or town.
(3) If any distribution pursuant to subsection (1)(b) of
this section cannot be made, then that share shall be prorated
among the state and remaining local districts.
(4) All distributions directed by this section to be made
on the basis of population shall be calculated in accordance
with data to be provided by the office of financial management. [1986 c 189 § 1; 1982 1st ex.s. c 35 § 22; 1979 c
151 § 165; 1977 ex.s. c 366 § 7.]
(2002 Ed.)
54.28.050
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
54.28.060 Interest. Interest at the rate as computed
under RCW 82.32.050(2) shall be added to the tax hereby
imposed from the due date until the date of payment. The
tax shall constitute a debt to the state and may be collected
as such. [1996 c 149 § 12; 1957 c 278 § 6. Prior: 1949 c
227 § 1(e); 1947 c 259 § 1(e); 1941 c 245 § 2(e); Rem.
Supp. 1949 § 11616-2(e).]
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
54.28.070 Municipal taxes—May be passed on. Any
city or town in which a public utility district operates works,
plants or facilities for the distribution and sale of electricity
shall have the power to levy and collect from such district a
tax on the gross revenues derived by such district from the
sale of electricity within the city or town, exclusive of the
revenues derived from the sale of electricity for purposes of
resale. Such tax when levied shall be a debt of the district,
and may be collected as such. Any such district shall have
the power to add the amount of such tax to the rates or
charges it makes for electricity so sold within the limits of
such city or town. [1941 c 245 § 3; Rem. Supp. 1941 §
11616-3.]
54.28.080 Additional tax for payment on bonded
indebtedness of school districts. Whenever any district
acquires an operating property from any private person, firm,
or corporation and a portion of the operating property is situated within the boundaries of any school district and at the
time of such acquisition there is an outstanding bonded
indebtedness of the school district, then the public utility
district shall, in addition to the tax imposed by this chapter,
pay directly to the school district a proportion of all subsequent payments by the school district of principal and
interest on said bonded indebtedness, said additional payments to be computed and paid as follows: The amount of
principal and interest required to be paid by the school
district shall be multiplied by the percentage which the
assessed value of the property acquired bore to the assessed
value of the total property in the school district at the time
of such acquisition. Such additional amounts shall be paid
by the public utility district to the school district not less
than fifteen days prior to the date that such principal and
interest payments are required to be paid by the school
district. In addition, any public utility district which acquires
from any private person, firm, or corporation an operating
property situated within a school district, is authorized to
make voluntary payments to such school district for the use
and benefit of the school district. [1957 c 278 § 8. Prior:
1949 c 227 § 1(g); 1941 c 245 § 2; Rem. Supp. 1949 §
11616-2(g).]
54.28.090 Deposit of funds to credit of certain
taxing districts. The county legislative authority of each
county shall direct the county treasurer to deposit funds to
the credit of each taxing district in the county, other than
school districts, according to the manner they deem most
equitable; except not less than an amount equal to three[Title 54 RCW—page 31]
54.28.090
Title 54 RCW: Public Utility Districts
fourths of one percent of the gross revenues obtained by a
district from the sale of electric energy within any incorporated city or town shall be remitted to such city or town.
Information furnished by the district to the county legislative
authority shall be the basis for the determination of the
amount to be paid to such cities or towns.
The provisions of this section shall not apply to the
distribution of taxes collected under RCW 54.28.025. [1980
c 154 § 9; 1977 ex.s. c 366 § 5; 1957 c 278 § 10.]
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
54.28.100 Use of moneys received by taxing district.
All moneys received by any taxing district shall be used for
purposes for which state taxes may be used under the
provisions of the state constitution. [1957 c 278 § 11.]
Revenue and taxation: State Constitution Art. 7.
54.28.110 Voluntary payments by district to taxing
entity for removal of property from tax rolls. Whenever,
hereafter, property is removed from the tax rolls as a result
of the acquisition of operating property or the construction
of a generating plant by a public utility district, such public
utility district may make voluntary payments to any municipal corporation or other entity authorized to levy and collect
taxes in an amount not to exceed the amount of tax revenues
being received by such municipal corporation or other entity
at the time of said acquisition or said construction and which
are lost by such municipal corporation or other entity as a
result of the acquisition of operating property or the construction of a generating plant by the public utility district:
PROVIDED, That this section shall not apply to taxing
districts as defined in RCW 54.28.010, and: PROVIDED
FURTHER, That in the event any operating property so
removed from the tax rolls is dismantled or partially dismantled the payment which may be paid hereunder shall be
correspondingly reduced. [1957 c 278 § 13.]
54.28.120 Amount of tax if district acquires electric
utility property from public service company. In the
event any district hereafter purchases or otherwise acquires
electric utility properties comprising all or a portion of an
electric generation and/or distribution system from a public
service company, as defined in RCW 80.04.010, the total
amount of privilege taxes imposed under chapter 278, Laws
of 1957 to be paid by the district annually on the combined
operating property within each county where such utility
property is located, irrespective of any other basis of levy
contained in this chapter, will be not less than the combined
total of the ad valorem taxes, based on regular levies, last
levied against the electric utility property constituting the
system so purchased or acquired plus the taxes paid by the
district for the same year on the revenues of other operating
property in the same county under terms of this chapter. If
all or any portion of the property so acquired is subsequently
sold, or if rates charged to purchasers of electric energy are
reduced, the amount of privilege tax required under this
section shall be proportionately reduced. [1957 c 278 § 14.]
[Title 54 RCW—page 32]
Chapter 54.32
CONSOLIDATION AND ANNEXATION
Sections
54.32.001
54.32.010
Actions subject to review by boundary review board.
Consolidation of districts—Property taxed—Boundaries
enlarged.
54.32.040 Right of county-wide utility district to acquire distribution
properties.
Annexation of territory: RCW 54.04.035.
54.32.001 Actions subject to review by boundary
review board. Actions taken under chapter 54.32 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 49.]
54.32.010 Consolidation of districts—Property
taxed—Boundaries enlarged. Two or more contiguous
public utility districts may become consolidated into one
public utility district after proceedings had as required by
*sections 8909, 8910 and 8911, of Remington’s Compiled
Statutes of Washington, PROVIDED, That a ten percent
petition shall be sufficient; and public utility districts shall be
held to be municipal corporations within the meaning of said
sections, and the commission shall be held to be the legislative body of the public utility district as the term legislative
body is used in said sections: PROVIDED, That any such
consolidation shall in nowise affect or impair the title to any
property owned or held by any such public utility district, or
in trust therefor, or any debts, demands, liabilities or
obligations existing in favor of or against either of the
districts so consolidated, or any proceeding then pending:
PROVIDED, FURTHER, That no property within either of
the former public utility districts shall ever be taxed to pay
any of the indebtedness of either of the other such former
districts.
The boundaries of any public utility district may be
enlarged and new territory included therein, after proceedings
had as required by **section 8894 of Remington’s Compiled
Statutes of Washington: PROVIDED, That a ten percent
petition shall be sufficient; and public utility districts shall be
held to be municipal corporations within the meaning of said
section, and the commission shall be held to be the legislative body of the public utility district: PROVIDED, That no
property within such territory so annexed shall ever be taxed
to pay any portion of any indebtedness of such public utility
district contracted prior to or existing at the date of such
annexation.
In all cases wherein public utility districts of less area
than an entire county desire to be consolidated with a public
utility district including an entire county, and in all cases
wherein it is desired to enlarge a public utility district
including an entire county, by annexing a lesser area than an
entire county, no election shall be required to be held in the
district including an entire county. [1931 c 1 § 10; RRS §
11614. Formerly RCW 54.32.010 through 54.32.030.]
Reviser’s note: *(1) Rem. Comp. Stat. §§ 8909, 8910, and 8911
relating to the consolidation of municipal corporations had been repealed
and reenacted by 1929 c 64 at the time the above section was enacted.
1929 c 64 was compiled as RRS § 8909-1 through 8909-12; see chapter
35.10 RCW.
(2002 Ed.)
Consolidation and Annexation
**(2) Rem. Comp. Stat. § 8894 became chapter 35.12 RCW. RCW
35.12.010, the only section in that chapter, was repealed by 1969 ex.s. c 89
§ 18.
54.32.040 Right of county-wide utility district to
acquire distribution properties. Upon the formation of a
county-wide public utility district in any county such district
shall have the right, in addition to any other right provided
by law, to acquire by purchase or condemnation any electrical distribution properties in the county from any other
public utility district or combination of public utility districts
for a period of five years from the time of organization of
said public utility district. [1951 c 272 § 2.]
Acquisition of electrical distribution property from public utility district by
cities and towns: RCW 35.92.054.
Chapter 54.36
LIABILITY TO OTHER TAXING DISTRICTS
Sections
54.36.010
54.36.020
54.36.030
54.36.040
54.36.050
54.36.060
54.36.070
54.36.080
Definitions.
Increased financial burden on school district—Determination
of number of construction pupils.
Compensation of school district for construction pupils—
Computation.
Compensation of school district for construction pupils—
Amount to be paid.
Compensation of school district for construction pupils—
How paid when more than one project in the same
school district.
Power to make voluntary payments to school district for
capital construction.
Increased financial burden on county or other taxing district—Power to make payments.
Funds received by school district—Equalization apportionment.
54.36.010 Definitions. As used in this chapter:
"Public utility district" means public utility district or
districts or a joint operating agency or agencies.
"Construction project" means the construction of
generating facilities by a public utility district. It includes
the relocation of highways and railroads, by whomever done,
to the extent that it is occasioned by the overflowing of their
former locations, or by destruction or burying incident to the
construction.
"Base-year enrollment" means the number of pupils
enrolled in a school district on the first of May next preceding the date construction was commenced.
"Subsequent-year enrollment" means the number of
pupils enrolled in a school district on any first of May after
construction was commenced.
"Construction pupils" means pupils who have a parent
who is a full time employee on the construction project and
who moved into the school district subsequent to the first
day of May next preceding the day the construction was
commenced.
"Nonconstruction pupils" means other pupils. [1975 1st
ex.s. c 10 § 1; 1973 1st ex.s. c 154 § 99; 1957 c 137 § 1.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Operating agencies: Chapter 43.52 RCW.
(2002 Ed.)
54.32.010
54.36.020 Increased financial burden on school
district—Determination of number of construction pupils.
When as the result of a public utility district construction
project a school district considers it is suffering an increased
financial burden in any year during the construction project,
it shall determine the number of construction pupils enrolled
in the school district on the first of May of such year. [1957
c 137 § 2.]
54.36.030 Compensation of school district for
construction pupils—Computation. If the subsequent-year
enrollment exceeds one hundred and three percent of the
base-year enrollment, the public utility district shall compensate the school district for a number of construction pupils
computed as follows:
(1) If the subsequent-year enrollment of nonconstruction
pupils is less than the base-year enrollment, compensation
shall be paid for the total number of all pupils minus one
hundred and three percent of the base-year enrollment.
(2) If the subsequent-year enrollment of nonconstruction
pupils is not less than the base-year enrollment, compensation shall be paid for the total number of construction pupils
minus three percent of the base-year enrollment. [1957 c
137 § 3.]
54.36.040 Compensation of school district for
construction pupils—Amount to be paid. The compensation to be paid per construction pupils as computed in RCW
54.36.030 shall be one-third of the average per-pupil cost of
the local school district, for the school year then current.
[1957 c 137 § 4.]
54.36.050 Compensation of school district for
construction pupils—How paid when more than one
project in the same school district. If more than one
public utility district or joint operating agency is carrying on
a construction project in the same school district, the number
of construction pupils for whom the school district is to
receive compensation shall be computed as if the projects
were constructed by a single agency. The public utility districts or joint operating agencies involved shall divide the
cost of such compensation between themselves in proportion
to the number of construction pupils occasioned by the
operations of each. [1957 c 137 § 5.]
54.36.060 Power to make voluntary payments to
school district for capital construction. Public utility
districts are hereby authorized to make voluntary payments
to a school district for capital construction if their construction projects cause an increased financial burden for
such purpose on the school district. [1957 c 137 § 6.]
54.36.070 Increased financial burden on county or
other taxing district—Power to make payments. Public
utilities are hereby authorized to make payments to a county
or other taxing district in existence before the commencement of construction on the construction project which
suffers an increased financial burden because of their
construction projects, but such amount shall not be more
than the amount by which the property taxes levied against
the contractors engaged in the work on the construction
[Title 54 RCW—page 33]
54.36.070
Title 54 RCW: Public Utility Districts
project failed to meet said increased financial burden. [1957
c 137 § 7.]
54.36.080 Funds received by school district—
Equalization apportionment. The funds paid by a public
utility district to a school district under the provisions of this
chapter shall not be considered a school district receipt by
the superintendent of public instruction in determining
equalization apportionments under *RCW 28.41.080. [1957
c 137 § 8.]
*Reviser’s note: RCW 28.41.080 was repealed by 1965 ex.s. c 154
§ 12; as a part thereof said section concludes with the following proviso
". . . PROVIDED, That the provisions of such statutes herein repealed
insofar as they are expressly or impliedly adopted by reference or otherwise
referred to in or for the benefit of any other statutes, are hereby preserved
for such purposes."
Chapter 54.40
FIVE COMMISSIONER DISTRICTS
(Formerly: First class districts)
Sections
54.40.010
54.40.020
54.40.030
54.40.040
54.40.050
54.40.060
54.40.070
Five commissioner districts—Requirements.
Existing districts—Qualifications—Voters’ approval.
Transmittal of copies of federal hydroelectric license to
county auditor.
Criteria, election to reclassify as a five commissioner district—Ballot form—Vote required.
Petition for reclassification—Certificate of sufficiency—
Election.
Division of district.
Special election for commissioners from districts—Terms.
54.40.010
Five commissioner districts—
Requirements. A five commissioner public utility district
is a district that (1) either: (a) Has or had a license from the
federal power commission to construct a hydroelectric project of an estimated cost of more than two hundred and fifty
million dollars, including interest during construction; or (b)
has a population of five hundred thousand or more; and (2)
voters of the district approved a ballot proposition authorizing the district to become a five commissioner district as
provided under RCW 54.40.040. All other public utility
districts shall be known as three commissioner districts.
[1994 c 223 § 57; 1977 ex.s. c 36 § 1; 1959 c 265 § 2.]
54.40.020 Existing districts—Qualifications—
Voters’ approval. Every public utility district which on
September 21, 1977, shall be in existence and have such a
license shall be qualified to become a five commissioner
district upon approval of the voters of said district, and every
public utility district which on September 21, 1977, shall
have become a first class district as previously provided by
chapter 265, Laws of 1959 shall be a five commissioner district. [1977 ex.s. c 36 § 2; 1959 c 265 § 3.]
54.40.030 Transmittal of copies of federal hydroelectric license to county auditor. Within five days after
a public utility district shall receive a license from the
federal power commission to construct a hydroelectric project of an estimated cost of more than two hundred and fifty
million dollars, including interest during construction, or, in
the case of a district which on September 21, 1977, is in
[Title 54 RCW—page 34]
existence and has such a license within five days of September 21, 1977, the district shall forward a true copy of
said license, certified by the secretary of the district, to the
county auditor of the county wherein said district is located.
[1977 ex.s. c 36 § 3; 1959 c 265 § 4.]
54.40.040 Criteria, election to reclassify as a five
commissioner district—Ballot form—Vote required. A
public utility district that has or had a license from the
federal power commission to construct a hydroelectric
project of an estimated cost of more than two hundred fifty
million dollars, including interest during construction, or has
a population of five hundred thousand or more, shall be
classified as a five commissioner district if voters of the
district approve a ballot proposition authorizing the change.
In submitting the question to the voters for their approval or
rejection, the proposition shall be expressed on the ballot in
substantially the following terms:
Shall Public Utility District No. . . . . be
reclassified a Five Commissioner District for the purpose of increasing the
number of commissioners to five . . . . YES
NO
Should a majority of the voters voting on the question
approve the proposition, the district shall be declared a five
commissioner district upon the certification of the election
returns. [1994 c 223 § 58; 1977 ex.s. c 36 § 4; 1959 c 265
§ 5.]
54.40.050 Petition for reclassification—Certificate
of sufficiency—Election. The question of reclassification of
a public utility district that has or had a license from the
federal power commission to construct a hydroelectric
project of an estimated cost of more than two hundred fifty
million dollars, including interest during construction, or has
a population of five hundred thousand or more, as a five
commissioner public utility district shall be submitted to the
voters if a petition proposing the change is filed with the
county auditor of the county in which the district is located,
identifying the district by number and praying that an
election be held to determine whether it shall become a five
commissioner district. The petition must be signed by a
number of registered voters of the district equal to at least
ten percent of the number of registered voters in the district
who voted at the last general election and include each
signer’s residence address.
The petition shall be filed with the county auditor for
verification of the validity of the signatures. Within thirty
days after receipt of the petition, the county auditor shall
determine the sufficiency of the petition. If the petition is
found insufficient, the person who filed the same shall be
notified by mail and he shall have an additional fifteen days
from the date of mailing such notice within which to submit
additional signatures, and the county auditor shall have an
additional thirty days after the submission of such additional
signatures to determine the validity of the entire petition. No
signature may be withdrawn after the petition has been filed.
If the petition, including these additional signatures if
any, is found sufficient, the county auditor shall certify its
sufficiency to the public utility district and if the commis(2002 Ed.)
Five Commissioner Districts
sioners of the public utility district had certified to the
county auditor the eligibility of the district for reclassification as provided in this chapter, the county auditor shall
submit to the voters of the district the question of whether
the district shall become a five commissioner district. The
election shall be held at the next state general election
occurring sixty or more days after the petition was certified
as having sufficient valid signatures. [1994 c 223 § 59;
1977 ex.s. c 36 § 5; 1959 c 265 § 6.]
54.40.060 Division of district. If the reclassification
to a five commissioner district is approved by the voters, the
public utility district commission within sixty days after the
results of said election are certified shall divide the public
utility district into two districts of as nearly equal population
as possible, and shall designate the districts as District A and
District B. [1994 c 223 § 60; 1977 ex.s. c 36 § 6; 1959 c
265 § 7.]
54.40.070 Special election for commissioners from
districts—Terms. Within thirty days after the public utility
district commission divides the district into District A and
District B, the county legislative authority shall call a special
election, to be held at the next special election date provided
for under RCW 29.13.010 that occurs sixty or more days
after the call, at which time the initial commissioners for
District A and District B shall be elected. No primary shall
be held and a special filing period shall be opened as
provided in RCW 29.15.170 and 29.15.180. The person
receiving the greatest number of votes for each position shall
be elected.
The person who is elected receiving the greatest number
of votes shall be elected to a four-year term of office, and
the other person who is elected shall be elected to a two-year
term of office, if the election is held in an even-numbered
year, or the person who is elected receiving the greatest
number of votes shall be elected to a three-year term of
office, and the other person who is elected shall be elected
to a one-year term of office, if the election is held in an oddnumbered year. The length of these terms of office shall be
calculated from the first day in January in the year following
their elections.
The newly elected commissioners shall assume office
immediately after being elected and qualified and shall serve
until their successors are elected and qualified and assume
office in accordance with RCW 29.04.170. Each successor
shall be elected to a four-year term of office. [1994 c 223
§ 61; 1977 ex.s. c 36 § 7; 1959 c 265 § 8.]
Chapter 54.44
NUCLEAR, THERMAL, ELECTRIC GENERATING
POWER FACILITIES—JOINT DEVELOPMENT
Sections
54.44.010
54.44.020
54.44.030
54.44.040
(2002 Ed.)
Declaration of public purpose.
Authority to participate in and enter into agreements for
operation of common facilities—Percentage of ownership—Expenses—Taxes—Payments.
Liability of city, joint operating agency, or public utility
district—Extent—Limitations.
Authority to provide money and/or property, issue revenue
bonds—Declaration of public purpose.
54.44.050
54.44.060
54.44.900
54.44.901
54.44.910
54.40.050
Depositories—Disbursement of funds.
Agreements to conform to applicable laws.
Liberal construction—Not to affect existing acts.
Severability—1973 1st ex.s. c 7.
Severability—1967 c 159.
54.44.010 Declaration of public purpose. It is
declared to be in the public interest and for a public purpose
that cities of the first class, public utility districts, joint
operating agencies organized under chapter 43.52 RCW,
regulated electrical companies and, rural electrical cooperatives including generation and transmission cooperatives be
permitted to participate together in the development of
nuclear and other thermal power facilities and transmission
facilities as hereinafter provided as one means of achieving
economies of scale and thereby promoting the economic
development of the state and its natural resources to meet the
future power needs of the state and all its inhabitants.
[1975-’76 2nd ex.s. c 72 § 1; 1973 1st ex.s. c 7 § 1; 1967 c
159 § 1.]
Severability—1975-’76 2nd ex.s. c 72: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-’76 2nd ex.s. c 72 § 3.]
Legislative finding—Emergency—1973 1st ex.s. c 7: "The
legislature finds that the immediate planning, financing, acquisition and
construction of electric generating and transmission facilities as provided in
sections 1 through 6 of this 1973 amendatory act is a public necessity to
meet the power requirements of the public utility districts, cities, joint
operating agencies and regulated utilities referred to in sections 1 through
6 of this 1973 amendatory act and the inhabitants of this state; further that
such public utility districts, cities, joint operating agencies and regulated
utilities are ready, willing and able to undertake such planning, financing,
acquisition and construction of said electric generating and transmission
facilities immediately upon the passage of sections 1 through 6 of this 1973
amendatory act. This 1973 amendatory act is necessary for the immediate
preservation of the public peace, health and safety, the support of the state
government and its existing public institutions, and shall take effect
immediately." [1973 1st ex.s. c 7 § 7.]
Energy facilities, site locations: Chapter 80.50 RCW.
Nuclear energy and radiation: Chapter 70.98 RCW.
54.44.020 Authority to participate in and enter into
agreements for operation of common facilities—
Percentage of ownership—Expenses—Taxes—Payments.
(1) Except as provided in subsection (2) of this section,
cities of the first class, public utility districts organized under
chapter 54.08 RCW, and joint operating agencies organized
under chapter 43.52 RCW, any such cities and public utility
districts which operate electric generating facilities or
distribution systems and any joint operating agency shall
have power and authority to participate and enter into
agreements with each other and with electrical companies
which are subject to the jurisdiction of the Washington
utilities and transportation commission or the public utility
commissioner of Oregon, hereinafter called "regulated
utilities", and with rural electric cooperatives, including
generation and transmission cooperatives for the undivided
ownership of any type of electric generating plants and
facilities, including, but not limited to nuclear and other
thermal power generating plants and facilities and transmission facilities including, but not limited to, related transmission facilities, hereinafter called "common facilities", and
[Title 54 RCW—page 35]
54.44.020
Title 54 RCW: Public Utility Districts
for the planning, financing, acquisition, construction,
operation and maintenance thereof. It shall be provided in
such agreements that each city, public utility district, or joint
operating agency shall own a percentage of any common
facility equal to the percentage of the money furnished or the
value of property supplied by it for the acquisition and
construction thereof and shall own and control a like
percentage of the electrical output thereof.
(2) Cities of the first class, public utility districts
organized under chapter 54.08 RCW, and joint operating
agencies organized under chapter 43.52 RCW, shall have the
power and authority to participate and enter into agreements
for the undivided ownership of a coal-fired thermal electric
generating plant and facility placed in operation before July
1, 1975, including related common facilities, and for the
planning, financing, acquisition, construction, operation, and
maintenance of the plant and facility. It shall be provided in
such agreements that each city, public utility district, or joint
operating agency shall own a percentage of any common
facility equal to the percentage of the money furnished or the
value of property supplied by the city, district, or agency, for
the acquisition and construction of the facility and shall own
and control a like percentage of the electrical output thereof.
Cities of the first class, public utility districts, and joint operating agencies may enter into agreements under this subsection with each other, with regulated utilities, with rural
electric cooperatives, with electric companies subject to the
jurisdiction of the regulatory commission of any other state,
and with any power marketer subject to the jurisdiction of
the federal energy regulatory commission.
(3) Each participant shall defray its own interest and
other payments required to be made or deposited in connection with any financing undertaken by it to pay its percentage of the money furnished or value of property supplied by
it for the planning, acquisition and construction of any
common facility, or any additions or betterments thereto.
The agreement shall provide a uniform method of determining and allocating operation and maintenance expenses of the
common facility.
(4) Each city, public utility district, joint operating
agency, regulated utility, and cooperatives participating in
the ownership or operation of a common facility shall pay all
taxes chargeable to its share of the common facility and the
electric energy generated thereby under applicable statutes as
now or hereafter in effect, and may make payments during
preliminary work and construction for any increased financial burden suffered by any county or other existing taxing
district in the county in which the common facility is located, pursuant to agreement with such county or taxing district.
[1997 c 230 § 2; 1975-’76 2nd ex.s. c 72 § 2; 1974 ex.s. c
72 § 1; 1973 1st ex.s. c 7 § 2; 1967 c 159 § 2.]
Severability—1975-’76 2nd ex.s. c 72: See note following RCW
54.44.010.
54.44.030 Liability of city, joint operating agency,
or public utility district—Extent—Limitations. In
carrying out the powers granted in this chapter, each such
city, public utility district, or joint operating agency shall be
severally liable only for its own acts and not jointly or
severally liable for the acts, omissions or obligations of
others. No money or property supplied by any such city,
public utility district, or joint operating agency for the
[Title 54 RCW—page 36]
planning, financing, acquisition, construction, operation or
maintenance of any common facility shall be credited or
otherwise applied to the account of any other participant
therein, nor shall the undivided share of any city, public
utility district, or joint operating agency in any common
facility be charged, directly or indirectly, with any debt or
obligation of any other participant or be subject to any lien
as a result thereof. No action in connection with a common
facility shall be binding upon any public utility district, city,
or joint operating agency unless authorized or approved by
resolution or ordinance of its governing body. [1973 1st
ex.s. c 7 § 3; 1967 c 159 § 3.]
54.44.040 Authority to provide money and/or
property, issue revenue bonds—Declaration of public
purpose. Any such city, public utility district, or joint
operating agency participating in common facilities under
this chapter, without an election, may furnish money and
provide property, both real and personal, issue and sell
revenue bonds pledging revenues of its electric system and
its interest or share of the revenues derived from the common facilities and any additions and betterments thereto in
order to pay its respective share of the costs of the planning,
financing, acquisition and construction thereof. Such bonds
shall be issued under the provisions of applicable laws authorizing the issuance of revenue bonds for the acquisition
and construction of electric public utility properties by cities,
public utility districts, or joint operating agencies as the case
may be. All moneys paid or property supplied by any such
city, public utility district, or joint operating agency for the
purpose of carrying out the powers conferred herein are
declared to be for a public purpose. [1973 1st ex.s. c 7 § 4;
1967 c 159 § 4.]
54.44.050 Depositories—Disbursement of funds. All
moneys belonging to cities, public utility districts, and joint
operating agencies in connection with common facilities
shall be deposited in such depositories as qualify for the
deposit of public funds and shall be accounted for and disbursed in accordance with applicable law. [1973 1st ex.s. c
7 § 5; 1967 c 159 § 5.]
54.44.060 Agreements to conform to applicable
laws. Any agreement with respect to work to be done or
material furnished by any such city, public utility district, or
joint operating agency in connection with the construction,
maintenance and operation of the common facilities, and any
additions and betterments thereto shall be in conformity, as
near as may be, with applicable laws now or hereafter in
effect relating to public utility districts or cities of the first
class. [1973 1st ex.s. c 7 § 6; 1967 c 159 § 6.]
54.44.900 Liberal construction—Not to affect
existing acts. The provisions of this chapter shall be
liberally construed to effectuate the purposes thereof. This
chapter shall not be construed to affect any existing act or
part thereof relating to the construction, operation or maintenance of any public utility. [1967 c 159 § 7.]
54.44.901 Severability—1973 1st ex.s. c 7. If any
provision of this 1973 amendatory act, or its application to
(2002 Ed.)
Nuclear, Thermal, Electric Generating Power Facilities—Joint Development
54.44.901
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1973 1st ex.s. c 7 § 8.]
80.04.010, excepting cities and towns, shall be approved by
the Washington utilities and transportation commission.
[1969 c 102 § 3.]
54.44.910 Severability—1967 c 159. If any provisions of this act or its application to any person or circumstance shall be held invalid or unconstitutional, the remainder
of this act or its application to other persons or circumstances shall not be affected. [1967 c 159 § 8.]
54.48.040 Cooperatives not to be classified as public
utilities or under authority of utilities and transportation
commission. Nothing herein shall be construed to classify
a cooperative having authority to engage in the electric
business as a public utility or to include cooperatives under
the authority of the Washington utilities and transportation
commission. [1969 c 102 § 4.]
Chapter 54.48
AGREEMENTS BETWEEN ELECTRICAL PUBLIC
UTILITIES AND COOPERATIVES
Sections
54.48.010
54.48.020
54.48.030
54.48.040
Definitions.
Legislative declaration of policy.
Agreements between public utilities and cooperatives authorized—Boundaries—Extension procedures—Purchase or
sale—Approval.
Cooperatives not to be classified as public utilities or under
authority of utilities and transportation commission.
54.48.010 Definitions. When used in this chapter:
(1) "Public utility" means any privately owned public
utility company engaged in rendering electric service to the
public for hire, any public utility district engaged in rendering service to residential customers and any city or town
engaged in the electric business.
(2) "Cooperative" means any cooperative having
authority to engage in the electric business. [1969 c 102 §
1.]
54.48.020 Legislative declaration of policy. The
legislature hereby declares that the duplication of the electric
lines and service of public utilities and cooperatives is
uneconomical, may create unnecessary hazards to the public
safety, discourages investment in permanent underground facilities, and is unattractive, and thus is contrary to the public
interest and further declares that it is in the public interest
for public utilities and cooperatives to enter into agreements
for the purpose of avoiding or eliminating such duplication.
[1969 c 102 § 2.]
54.48.030 Agreements between public utilities and
cooperatives authorized—Boundaries—Extension procedures—Purchase or sale—Approval. In aid of the
foregoing declaration of policy, any public utility and any
cooperative is hereby authorized to enter into agreements
with any one or more other public utility or one or more
other cooperative for the designation of the boundaries of
adjoining service areas which each such public utility or
each such cooperative shall observe, for the establishment of
procedures for orderly extension of service in adjoining areas
not currently served by any such public utility or any such
cooperative and for the acquisition or disposal by purchase
or sale by any such public utility or any such cooperative of
duplicating utility facilities, which agreements shall be for a
reasonable period of time not in excess of twenty-five years:
PROVIDED, That the participation in such agreement of any
public utility which is an electrical company under RCW
(2002 Ed.)
Chapter 54.52
VOLUNTARY CONTRIBUTIONS TO ASSIST
LOW-INCOME CUSTOMERS
Sections
54.52.010
54.52.020
54.52.030
Voluntary contributions to assist low-income residential
customers—Administration.
Disbursal of contributions—Quarterly report.
Contributions not considered commingling of funds.
54.52.010 Voluntary contributions to assist lowincome residential customers—Administration. A public
utility district may include along with, or as part of its
regular customer billings, a request for voluntary contributions to assist qualified low-income residential customers of
the district in paying their electricity bills. All funds
received by the district in response to such requests shall be
transmitted to the grantee of the department of community,
trade, and economic development which administers federally funded energy assistance programs for the state in the
district’s service area or to a charitable organization within
the district’s service area. All such funds shall be used
solely to supplement assistance to low-income residential
customers of the district in paying their electricity bills. The
grantee or charitable organization shall be responsible to
determine which of the district’s customers are qualified for
low-income assistance and the amount of assistance to be
provided to those who are qualified. [1995 c 399 § 145;
1985 c 6 § 20; 1984 c 59 § 1.]
54.52.020 Disbursal of contributions—Quarterly
report. All assistance provided under this chapter shall be
disbursed by the grantee or charitable organization. Where
possible the public utility district will be paid on behalf of
the customer by the grantee or the charitable organization.
When direct vendor payment is not feasible, a check will be
issued jointly payable to the customer and the public utility
district. The availability of funds for assistance to a
district’s low-income customers as a result of voluntary
contributions shall not reduce the amount of assistance for
which the district’s customers are eligible under the federally
funded energy assistance programs administered by the
grantee of the department of community, trade, and economic development within the district’s service area. The
grantee or charitable organization shall provide the district
with a quarterly report on January 15th, April 15th, July
15th, and October 15th which includes information concern-
[Title 54 RCW—page 37]
54.52.020
Title 54 RCW: Public Utility Districts
ing the total amount of funds received from the district, the
names of all recipients of assistance from these funds, the
amount received by each recipient, and the amount of funds
received from the district currently on hand and available for
future low-income assistance. [1995 c 399 § 146; 1985 c 6
§ 21; 1984 c 59 § 2.]
54.52.030 Contributions not considered commingling of funds. Contributions received under a program
implemented by a public utility district in compliance with
this chapter shall not be considered a commingling of funds.
[1984 c 59 § 3.]
[Title 54 RCW—page 38]
(2002 Ed.)
Title 55
SANITARY DISTRICTS
Chapters
55.04
Formation and dissolution.
Conveyance of real property by public bodies—Recording: RCW
65.08.095.
Credit card use by local governments: RCW 43.09.2855.
Dissolution of inactive special purpose districts: Chapter 36.96 RCW.
Hospitalization and medical aid for public employees and dependents—
Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Municipal corporation may authorize investment of funds which are in
custody of county treasurer or other municipal corporation treasurer:
RCW 36.29.020.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Chapter 55.04
FORMATION AND DISSOLUTION
Sections
55.04.050
55.04.060
Dissolution.
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive
for five years.
Elections: Title 29 RCW.
55.04.050
53.48 RCW.
Dissolution. See port districts, chapter
55.04.060 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
(2002 Ed.)
[Title 55 RCW—page 1]
Title 57
WATER-SEWER DISTRICTS
Chapters
57.02
57.04
57.06
57.08
57.12
57.16
57.20
57.22
57.24
57.28
57.32
57.36
57.42
57.46
57.90
57.02.040
General provisions.
Formation and dissolution.
Validation and construction.
Powers.
Officers and elections.
Comprehensive plan—Local improvement
districts.
Finances.
Contracts for system extensions.
Annexation of territory.
Withdrawal of territory.
Consolidation of districts—Transfer of part
of district.
Merger of districts.
Disposition of property to public utility district.
Voluntary contributions to assist low-income
customers.
Disincorporation of districts in counties with
210,000 population or more.
Assumption of jurisdiction over district or territory to city or town:
Chapter 35.13A RCW.
City sewerage, drainage, and water supply: RCW 35.21.210, chapters
35.67 and 35.92 RCW.
Conveyances of real property by public bodies—Recording: RCW
65.08.095.
County water systems, authority, procedure: Chapter 36.94 RCW.
Credit card use by local governments: RCW 43.09.2855.
Furnishing impure water: RCW 70.54.020.
Hospitalization and medical aid for public employees and dependents—
Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Irrigation districts authorized to acquire water district’s water system,
authority to convey: RCW 87.03.015.
Municipal corporation may authorize investment of funds that are in
custody of county treasurer or other municipal corporation treasurer:
RCW 36.29.020.
Pollution of watershed or source of drinking water: RCW 70.54.010,
70.54.030.
Port district may provide sewer and water utilities in adjacent areas: RCW
53.08.040.
Chapter 57.02
GENERAL PROVISIONS
Sections
57.02.001
57.02.010
57.02.015
57.02.020
57.02.030
(2002 Ed.)
Reclassification of water and sewer districts—Previous actions valid.
Petition signatures of property owners—Rules governing.
Board of commissioners may notify property owners about
petitions—Review of petitions—Information.
Claims against district.
Title to be liberally construed.
Water-sewer district activities to be approved—Criteria for
approval by county legislative authority.
57.02.045 Approval by county legislative authority final, when—
Boundary review board approval.
57.02.050 Multicounty districts—Delegation of duties—Exceptions.
57.02.070 Ratification of actions for the formation, annexation, consolidation, or merger of water districts prior to July 10,
1982.
57.02.080 Water-sewer districts desiring to merge into irrigation districts—Procedure.
57.02.090 Elections.
Effect when city or town takes over portion of water system: RCW
57.08.035.
57.02.001 Reclassification of water and sewer
districts—Previous actions valid. Every sewer district and
every water district previously created shall be reclassified
and shall become a water-sewer district, and shall be known
as the ". . . . . Water-Sewer District," or "Water-Sewer
District No. . . . ." or shall continue to be known as a "sewer
district" or a "water district," with the existing name or
number inserted, as appropriate. As used in this title,
"district" means a water-sewer district, a sewer district, or a
water district. All debts, contracts, and obligations previously made or incurred by or in favor of any water district or
sewer district, and all bonds or other obligations issued or
executed by those districts, and all assessments or levies, and
all other things and proceedings done or taken by those
districts or by their respective officers, are declared legal and
valid and of full force and effect. [1996 c 230 § 101.]
Part headings not law—1996 c 230: "Part headings as used in this
act do not constitute any part of the law." [1996 c 230 § 1700.]
Effective date—1996 c 230: "This act shall take effect July 1, 1997."
[1996 c 230 § 1704.]
57.02.010 Petition signatures of property owners—
Rules governing. Wherever in this title petitions are
required to be signed by the owners of property, the following rules shall govern the sufficiency of the petitions:
(1) The signature of a record owner, as determined by
the records of the county auditor of the county in which the
real property is located, shall be sufficient without the
signature of the owner’s spouse.
(2) For mortgaged property, the signature of the
mortgagor shall be sufficient.
(3) For property purchased on contract, the signature of
the contract purchaser, as shown by the records of the
county auditor of the county in which the real property is
located, shall be sufficient.
(4) Any officer of a corporation owning land in the
district duly authorized to execute deeds or encumbrances on
behalf of the corporation may sign on behalf of that corporation, except that there shall be attached to the petition a
certified excerpt from the bylaws showing such authority.
(5) If any property in the district stands in the name of
a deceased person or any person for whom a guardian has
[Title 57 RCW—page 1]
57.02.010
Title 57 RCW: Water-Sewer Districts
been appointed, the signature of the personal representative,
administrator, or guardian, as the case may be, shall be
equivalent to the signature of the owner of the property.
[1996 c 230 § 102; 1982 1st ex.s. c 17 § 8; 1953 c 251 §
24.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.02.015 Board of commissioners may notify
property owners about petitions—Review of petitions—
Information. The board of commissioners of a district may
notify the owner or reputed owner of any tract, parcel of
land, or other property located within the area included in a
petition being circulated for a local improvement district or
utility local improvement district under chapter 57.16 RCW,
an annexation under chapter 57.24 RCW, a consolidation
under chapter 57.32 RCW, a merger under chapter 57.36
RCW, a withdrawal of territory under chapter 57.28 RCW,
or a transfer of territory under RCW 57.32.160.
Upon the request of any person, the board of commissioners of a district may:
(1) Review a proposed petition for proper drafting; and
(2) Provide information regarding the effects of the
adoption of any proposed petition. [1996 c 230 § 103; 1979
c 35 § 3. Formerly RCW 56.02.110.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.02.020
RCW.
Claims against district. See chapter 4.96
57.02.030 Title to be liberally construed. The rule
of strict construction shall not apply to this title, which shall
be liberally construed to carry out its purposes and objects.
[1996 c 230 § 104; 1959 c 108 § 19.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.02.040 Water-sewer district activities to be
approved—Criteria for approval by county legislative
authority. (1) Notwithstanding any provision of law to the
contrary, the following proposed actions shall be approved
as provided for in RCW 57.02.045:
(a) Formation or reorganization under chapter 57.04
RCW;
(b) Annexation of territory under chapter 57.24 RCW;
(c) Withdrawal of territory under chapter 57.28 RCW;
(d) Transfer of territory under RCW 57.32.160;
(e) Consolidation under chapter 57.32 RCW; and
(f) Merger under chapter 57.36 RCW.
(2) At least one of the districts involved shall give
notice of the proposed action to the county legislative
authority, state department of ecology, and state department
of health. The county legislative authority shall within thirty
days of receiving notice of the proposed action approve the
action or hold a hearing on the action.
(3) The county legislative authority shall decide within
sixty days of a hearing whether to approve or not approve
the proposed action. In approving or not approving the
proposed action, the county legislative authority shall
consider the following criteria:
[Title 57 RCW—page 2]
(a) Whether the proposed action in the area under
consideration is in compliance with the development program that is outlined in the county comprehensive plan, or
city or town comprehensive plan where appropriate, and its
supporting documents;
(b) Whether the proposed action in the area under
consideration is in compliance with the basinwide water
and/or sewage plan as approved by the state department of
ecology and the state department of social and health
services; and
(c) Whether the proposed action is in compliance with
the policies expressed in the county plan for water and/or
sewage facilities.
(4) If the proposed action is inconsistent with subsection
(3)(a), (b), or (c) of this section, the county legislative authority shall not approve it. If the proposed action is
consistent with subsection (3)(a), (b), and (c) of this section,
the county legislative authority shall approve it unless it
finds that water or sewer service in the area under consideration will be most appropriately served by the county itself
under the provisions of chapter 36.94 RCW, or by another
district, city, town, or municipality. If there has not been
adopted for the area under consideration a plan or program
under subsection (3)(a), (b), or (c) of this section, the
proposed action shall not be found inconsistent with such
subsection.
(5) Where a district is proposed to be formed, and
where no boundary review board is established in the county,
the petition described in RCW 57.04.030 shall serve as the
notice of proposed action under this section, and the hearing
provided for in RCW 57.04.030 shall serve as the hearing
provided for in this section and in RCW 57.02.045. [1996
c 230 § 105; 1988 c 162 § 7; 1971 ex.s. c 139 § 2.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
1988 validation: RCW 57.06.180.
57.02.045 Approval by county legislative authority
final, when—Boundary review board approval. In any
county where a boundary review board, as provided in
chapter 36.93 RCW, is not established, the approval of the
proposed action shall be by the county legislative authority
pursuant to RCW 57.02.040 and shall be final, and the
procedures required to adopt such proposed action shall be
followed as provided by law.
In any county where a boundary review board, as
provided in chapter 36.93 RCW, is established, a notice of
intention of the proposed action shall be filed with the
boundary review board as required by RCW 36.93.090 and
with the county legislative authority. The county legislative
authority shall transmit to the boundary review board a
report of its approval or disapproval of the proposed action
together with its findings and recommendations under RCW
57.02.040. Approval by the county legislative authority of
the proposed action shall be final and the procedures
required to adopt the proposal shall be followed as provided
by law, unless the boundary review board reviews the action
under RCW 36.93.100 through 36.93.180. If the county
legislative authority does not approve the proposed action,
the boundary review board shall review the action under
RCW 36.93.150 through 36.93.180. The action of the
(2002 Ed.)
General Provisions
boundary review board shall supersede approval or disapproval by the county legislative authority.
Where a district is proposed to be formed, and where no
boundary review board is established in the county, the
hearings provided for in RCW 57.04.030 shall serve as the
hearing provided for in this section and in RCW 57.02.040.
[1996 c 230 § 106; 1988 c 162 § 6; 1971 ex.s. c 139 § 3.
Formerly RCW 56.02.070.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
1988 validation: RCW 57.06.180.
57.02.050 Multicounty districts—Delegation of
duties—Exceptions. Whenever the boundaries or proposed
boundaries of a district include or are proposed to include by
means of formation, annexation, transfer, withdrawal,
consolidation, or merger, territory in more than one county:
(1) All duties delegated by this title to officers of the
county in which the district is located shall be delegated to
the officers of the county in which the largest land area of
the district is located, except that elections shall be conducted pursuant to general election law;
(2) Actions subject to review and approval under RCW
57.02.040 shall be reviewed and approved only by the
officers or boundary review board in the county in which
such actions are proposed to occur;
(3) Verification of voters’ signatures shall be conducted
by the county auditor of the county in which such signators
reside; and
(4) Comprehensive plan review and approval or rejection by the respective county legislative authorities under
RCW 57.16.010 shall be limited to that part of such plans
within the respective counties. [1996 c 230 § 108; 1994 c
223 § 66; 1982 1st ex.s. c 17 § 5.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.02.070 Ratification of actions for the formation,
annexation, consolidation, or merger of water districts
prior to July 10, 1982. All actions taken in regard to the
formation, annexation, consolidation, or merger of water
districts taken prior to July 10, 1982, but consistent with this
title, as amended, are hereby approved and ratified and shall
be legal for all purposes. [1982 1st ex.s. c 17 § 7.]
57.02.080 Water-sewer districts desiring to merge
into irrigation districts—Procedure. The procedures and
provisions of RCW 85.08.830 through 85.08.890, which are
applicable to drainage improvement districts, joint drainage
improvement districts, or consolidated drainage improvement
districts that desire to merge into irrigation districts, shall
also apply to districts organized, or reorganized, under this
title that desire to merge into irrigation districts.
The authority granted by this section shall be cumulative
and in addition to any other power or authority granted by
law to any district. [1996 c 230 § 107; 1977 ex.s. c 208 §
3. Formerly RCW 56.02.100.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Merger of irrigation district with drainage, joint drainage, consolidated
drainage improvement, or water-sewer district: RCW 87.03.720,
87.03.725.
(2002 Ed.)
57.02.045
57.02.090 Elections. Elections in a district shall be
conducted under general election laws. [1996 c 230 § 109.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Chapter 57.04
FORMATION AND DISSOLUTION
Sections
57.04.001
57.04.020
57.04.030
57.04.050
57.04.055
57.04.060
57.04.065
57.04.070
57.04.080
57.04.090
57.04.100
57.04.110
57.04.120
57.04.130
57.04.140
Dissolution
Actions subject to review by boundary review board.
Districts authorized.
Petition procedure—Hearing—Boundaries.
Election—Notice—Excess tax levy.
County auditor to conduct elections—Expenses.
District created—Name—Formation expenses.
Change of name—Procedure—Effect.
When two or more petitions filed.
Act cumulative.
Dissolution—Legislative and court methods.
Dissolution—Election method.
Dissolution when district’s boundaries identical with municipality.
Sewerage improvement districts located in counties with
populations of from forty thousand to less than seventy
thousand become sewer districts.
Sewerage improvement districts operating as sewer districts
become water-sewer districts—Procedure.
Formation—Alternative method—New development.
of inactive special purpose districts: Chapter 36.96 RCW.
57.04.001 Actions subject to review by boundary
review board. Actions taken under this chapter may be
subject to potential review by a boundary review board
under chapter 36.93 RCW. [1996 c 230 § 201; 1989 c 84 §
56.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.04.020 Districts authorized. Water-sewer districts
are authorized to be established for the purposes of chapter
57.08 RCW. Such districts may include within their
boundaries one or more counties, cities, and towns, or other
political subdivisions. However, no portion or all of any city
or town may be included without the consent by resolution
of the city or town legislative authority. [1996 c 230 § 202;
1982 1st ex.s. c 17 § 9; 1929 c 114 § 1; RRS § 11579. Cf.
1913 c 161 § 1.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.04.030 Petition procedure—Hearing—
Boundaries. (1) For the purpose of formation of watersewer districts, a petition shall be presented to the county
legislative authority of each county in which the proposed
district is located. The petition shall set forth the reasons for
the creation of the district, designate the boundaries of the
district, and state that establishment of the district will be
conducive to the public health, convenience, and welfare and
will be of benefit to the property included in the district.
The petition shall state the proposed name of the district,
which may be ". . . . . . . Sewer-Water [Water-Sewer]
District," ". . . . . . . Water District," ". . . . . . . Sewer
District," or may be designated by a number such as
". . . . . . . . County Water-Sewer District No. . . .." The
[Title 57 RCW—page 3]
57.04.030
Title 57 RCW: Water-Sewer Districts
petition shall specify the proposed property tax levy assessment, if any, which shall not exceed one dollar and twentyfive cents per thousand dollars of assessed value, for general
preliminary expenses of the district. The petition shall be
signed by at least ten percent of the registered voters who
voted in the last municipal general election, who shall be
qualified voters on the date of filing the petition, residing
within the district described in the petition.
The petition shall be filed with the county auditor of the
county in which all or the largest geographic portion of the
proposed district is located, who shall within ten days
examine and verify the signatures on the petition. No person
having signed such a petition shall be allowed to withdraw
the person’s name from the petition after the filing of the
petition with the county auditor. If the area proposed to be
included in the district is located in more than one county,
the auditor of the county in which the largest geographic
portion of the district is located shall be the lead auditor and
shall immediately transfer a copy of the petitions to the auditor of each other county in which the proposed district is
located. Within ten days after the lead auditor received the
petition, the auditors of these other counties shall certify to
the lead auditor: (a) The number of voters of that county
residing in the proposed district who voted at the last
municipal general election; and (b) the number of valid
signatures on the petition of voters of that county residing in
the proposed district. The lead auditor shall certify the
sufficiency of the petition after receiving this information.
If the petition shall be found to contain a sufficient number
of signatures, the county auditor or lead county auditor shall
then transmit it, together with a certificate of sufficiency
attached thereto to the county legislative authority of each
county in which the proposed district is located.
(2) If in the opinion of the county health officer the
existing water, sewerage, or drainage facilities are inadequate
in the district to be created, and creation of the district is
necessary for public health and safety, then the legislative
authority of the county may declare by resolution that a
water-sewer district is a public health and safety necessity,
and the district shall be organized under this title, without a
petition being required.
(3) Following receipt of a petition certified to contain a
sufficient number of signatures, or upon declaring a district
to be a public health and safety necessity, at a regular or
special meeting the county legislative authority shall cause
to be published once a week for at least two weeks in one or
more newspapers of general circulation in the proposed
district, a notice that such a petition has been presented,
stating the time of the meeting at which the petition shall be
considered, and setting forth the boundaries of the proposed
district. When a petition is presented for hearing, each
county legislative authority shall hear the petition or may
adjourn the hearing from time to time not exceeding one
month in all. Any person, firm, or corporation may appear
before the county legislative authority and make objections
to the establishment of the district or the proposed boundary
lines thereof. Upon a final hearing each county legislative
authority shall make such changes in the proposed boundary
lines within the county as it deems to be proper and shall
establish and define the boundaries and shall find whether
the proposed district will be conducive to the public health,
welfare, and convenience and be of special benefit to the
[Title 57 RCW—page 4]
land included within the boundaries of the proposed district.
No lands that will not, in the judgment of the county
legislative authority, be benefitted by inclusion therein, shall
be included within the boundaries of the district. No change
shall be made by the county legislative authority in the
boundary lines to include any territory outside of the
boundaries described in the petition, except that the boundaries of any proposed district may be extended by the county
legislative authority to include other lands in the county upon
a petition signed by the owners of all of the land within the
proposed extension. [1996 c 230 § 203; 1990 c 259 § 27;
1987 c 33 § 3; 1985 c 469 § 58; 1982 1st ex.s. c 17 § 10;
1931 c 72 § 3; 1929 c 114 § 2; RRS § 11580. Cf. 1915 c
24 § 1; 1913 c 161 § 2. Formerly RCW 57.04.030 and
57.04.040.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.04.050 Election—Notice—Excess tax levy. Upon
entry of the findings of the final hearing on the petition if
one or more county legislative authorities find that the
proposed district will be conducive to the public health, welfare, and convenience and will benefit the land therein, they
shall present a resolution to the county auditor calling for a
special election to be held at a date specified under RCW
29.13.020, that occurs forty-five or more days after the
resolution is presented, at which a ballot proposition authorizing the district to be created shall be submitted to
voters for their approval or rejection. The commissioners
shall cause to be published a notice of the election for four
successive weeks in a newspaper of general circulation in the
proposed district, which notice shall state the hours during
which the polls will be open, the boundaries of the district
as finally adopted and the object of the election, and the
notice shall also be posted ten days in ten public places in
the proposed district. The district shall be created if the
ballot proposition authorizing the district to be created is
approved by a majority of the voters voting on the proposition.
A separate ballot proposition authorizing the district, if
created, to impose a single-year excess levy for the preliminary expenses of the district shall be submitted to voters for
their approval or rejection at the same special election, if the
petition to create the district also proposed that a ballot
proposition authorizing an excess levy be submitted to voters
for their approval or rejection. The excess levy shall be
proposed in the amount specified in the petition to create the
district, not to exceed one dollar and twenty-five cents per
thousand dollars of assessed value, and may only be submitted to voters for their approval or rejection if the special
election is held in February, March, April, or May. The
proposition to be effective must be approved in the manner
set forth in Article VII, section 2(a) of the state Constitution.
[1999 c 153 § 1; 1996 c 230 § 204; 1994 c 292 § 2; 1990 c
259 § 28; 1987 c 33 § 4; 1982 1st ex.s. c 17 § 11; 1973 1st
ex.s. c 195 § 67; 1953 c 251 § 1; 1931 c 72 § 4; 1929 c 114
§ 3; RRS § 11581. Cf. 1927 c 230 § 1; 1915 c 24 § 2; 1913
c 161 § 3.]
Part headings not law—1999 c 153: "Part headings as used in this
act do not constitute any part of the law." [1999 c 153 § 77.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
(2002 Ed.)
Formation and Dissolution
Findings—Intent—1994 c 292: "The legislature finds that the
monitoring and treatment requirements of the federal safe drinking water act
place increasing burdens and cost on public water supply systems, especially
smaller systems and rural systems. Across the state, those systems are
turning to existing systems and their county governments for help, which
may include assumption of the system.
It is the intent of the legislature to encourage larger existing systems
to assist or acquire troubled systems or those systems burdened by federal
requirements, to provide financial protection for that assistance, and to
protect receivers of failed water systems." [1994 c 292 § 1.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
57.04.055 County auditor to conduct elections—
Expenses. All elections held pursuant to this title, whether
general or special, shall be conducted by the county auditor
of the county in which the district is located. Except as
provided in RCW 57.04.060, the expense of all such elections shall be paid for out of the funds of the district. [1996
c 230 § 208; 1941 c 210 § 40; Rem. Supp. 1941 § 9425-49.
Formerly RCW 56.04.080.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.04.060 District created—Name—Formation
expenses. If at the election a majority of the voters voting
upon the proposition vote in favor of the formation of the
district the county legislative authority shall so declare in its
canvass of the returns of the election to be made within ten
days after the date of the election, and the district shall then
be and become a municipal corporation of the state of
Washington, and the name of the district shall be the name
of the district as provided in the petition and the ballot.
The county’s expenses incurred in the formation of the
district, including the election costs associated with the ballot
proposition authorizing the district, election of the initial
commissioners under RCW 57.12.030, and the ballot proposition authorizing the excess levy, shall be repaid to the
county if the district is formed. [1996 c 230 § 205; 1929 c
114 § 5; RRS § 11583. Cf. 1913 c 161 § 5.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.04.065 Change of name—Procedure—Effect.
Any district may apply to change its name by filing with the
county legislative authority in which was filed the original
petition for organization of the district, a certified copy of a
resolution of its board of commissioners adopted by majority
vote of all of the members of that board at a regular meeting
thereof providing for such change of name. After approval
of the new name by the county legislative authority, all
proceedings for the district shall be had under the changed
name, but all existing obligations and contracts of the district
entered into under its former name shall remain outstanding
without change and with the validity thereof unimpaired and
unaffected by such change of name. A change of name
heretofore made by any existing district in this state,
substantially in the manner approved under this section, is
ratified, confirmed, and validated. [1996 c 230 § 206; 1984
c 147 § 7.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.04.050
57.04.070 When two or more petitions filed.
Whenever two or more petitions for the formation of a
district shall be filed as provided in this chapter, the petition
describing the greater area shall supersede all others and an
election shall first be held thereunder, and no lesser district
shall ever be created within the limits in whole or in part of
any district, except as provided in RCW 36.94.420. [1996
c 230 § 207; 1985 c 141 § 6; 1981 c 45 § 9; 1929 c 114 §
4; RRS § 11582. Cf. 1913 c 161 § 4.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Legislative declaration—"District" defined—Severability—1981 c
45: See notes following RCW 36.93.090.
57.04.080 Act cumulative. *This act shall not be
construed to repeal, amend, or modify any law heretofore
enacted providing a method for water supply for any city or
town in this state, but shall be held to be an additional and
concurrent method providing for such purpose. Nor shall
this act be construed to repeal **chapter 161 of the Laws of
1913, pages 533 to 552, or amendments thereto. [1929 c
114 § 24; RRS § 11601.]
Reviser’s note: *(1) The language "this act" appeared in 1929 c 114,
the basic water district law, which is codified as follows: RCW 57.04.020,
57.04.030, 57.04.050 through 57.04.080, 57.04.100, 57.08.010, 57.08.050,
57.12.010, 57.12.020, 57.12.030, 57.16.010, 57.16.020, 57.16.030,
57.16.040, 57.16.050, 57.16.060, 57.16.070, 57.16.080 through 57.16.100,
57.20.010, 57.20.100 through 57.20.140, 57.24.010, 57.24.020, 57.24.040,
and 57.24.050.
**(2) As to the reference "chapter 161 of the Laws of 1913," see note
following RCW 57.06.010.
57.04.090 Dissolution—Legislative and court
methods. Dissolution of district, see chapters 36.96 and
53.48 RCW.
57.04.100 Dissolution—Election method. Any
district may be disincorporated in the same manner (insofar
as the same is applicable) as is provided in RCW 35.07.010
through 35.07.220 for the disincorporation of cities and
towns, except that the petition for disincorporation shall be
signed by not less than twenty-five percent of the voters in
the district. [1996 c 230 § 209; 1994 c 81 § 80; 1929 c 114
§ 25; 1917 c 147 § 1; RRS § 11602.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.04.110 Dissolution when district’s boundaries
identical with municipality. A district whose boundaries
are identical with, or if the district is located entirely within,
the boundaries of a city or town may be dissolved by
summary dissolution proceedings if the district is free from
all debts and liabilities except contractual obligations
between the district and the city or town. Summary dissolution shall take place if the board of commissioners of the
district votes unanimously to dissolve the district and to turn
all of its property over to the city or town within which the
district lies, and the council of such city or town unanimously passes an ordinance accepting the conveyance of the
property and assets of the district tendered to the city or
town by the district. [1996 c 230 § 210; 1955 c 358 § 1.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
(2002 Ed.)
[Title 57 RCW—page 5]
57.04.110
Title 57 RCW: Water-Sewer Districts
Acceptance by town: RCW 35.92.012.
57.04.120 Sewerage improvement districts located
in counties with populations of from forty thousand to
less than seventy thousand become sewer districts. (1)
On and after March 16, 1979, any sewerage improvement
districts created under Title 85 RCW and located in a county
with a population of from forty thousand to less than seventy
thousand shall become districts and shall be operated,
maintained, and have the same powers as districts created
under this title, upon being so ordered by the county legislative authority of the county in which such district is located
after a hearing of which notice is given by publication in a
newspaper of general circulation within the district and
mailed to any known creditors, holders of contracts, and
obligees at least thirty days prior to such hearing. After
such hearing if the county legislative authority finds the
converting of such district to be in the best interest of that
district, it shall order that such sewer improvement district
shall become a district and fix the date of such conversion.
All debts, contracts, and obligations created while attempting
to organize or operate a sewerage improvement district and
all other financial obligations and powers of the district to
satisfy such obligations established under Title 85 RCW are
legal and valid until they are fully satisfied or discharged
under Title 85 RCW.
(2) The board of supervisors of a sewerage improvement
district in a county with a population of from forty thousand
to less than seventy thousand shall act as the board of
commissioners of the district under subsection (1) of this
section until other members of the board of commissioners
of the district are elected and qualified. There shall be an
election on the same date as the 1979 state general election
and the seats of all three members of the governing authority
of every entity which was previously known as a sewerage
improvement district in a county with a population of from
forty thousand to less than seventy thousand shall be up for
election. The election shall be held in the manner provided
for in RCW 57.12.030 for the election of the first board of
commissioners of a district. Thereafter, the terms of office
of the members of the governing body shall be determined
under RCW 57.12.030. [1996 c 230 § 211; 1991 c 363 §
136; 1979 c 35 § 1. Formerly RCW 56.04.120.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
57.04.130 Sewerage improvement districts operating
as sewer districts become water-sewer districts—
Procedure. Any sewerage improvement district which has
been operating as a sewer district shall be a district under
this title as of March 16, 1979, upon being so ordered by the
county legislative authority of the county in which such
district is located after a hearing of which notice is given by
publication in a newspaper of general circulation within the
district and mailed to any known creditors, holders of
contracts, and obligees at least thirty days prior to such
hearing. After such hearing if the county legislative authority finds that the sewerage improvement district was
operating as a district and that the converting of such district
will be in the best interest of that district, it shall order that
[Title 57 RCW—page 6]
such sewer improvement district shall become a district
immediately upon the passage of the resolution containing
such order. The debts, contracts, and obligations of any
sewerage improvement district which has been erroneously
operating as a district are recognized as legal and binding.
The members of the government authority of any sewerage
improvement district which has been operating as a district
and who were erroneously elected as sewer district commissioners shall be recognized as the governing authority of a
district. The members of the governing authority shall
continue in office for the term for which they were elected.
[1996 c 230 § 212; 1979 c 35 § 2. Formerly RCW
56.04.130.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.04.140 Formation—Alternative method—New
development. (1) As an alternative means to forming a
water-sewer district, a county legislative authority may
authorize the formation of a water-sewer district to serve a
new development that at the time of formation does not have
any residents, at written request of sixty percent of the
owners of the area to be included in the proposed district.
The county legislative authority shall review the proposed
district according to the procedures and criteria in RCW
57.02.040.
(2) The county legislative authority shall appoint the
initial water-sewer commissioners of the district. The
commissioners shall serve until seventy-five percent of the
development is sold and occupied, or until some other time
as specified by the county legislative authority when the
district is approved. Commissioners serving under this
section are not entitled to any form of compensation from
the district.
(3) New commissioners shall be elected according to the
procedures in chapter 57.12 RCW at the next election held
under RCW 29.13.010 that follows more than ninety days
after the date seventy-five percent of the development is sold
and occupied, or after the time specified by the county
legislative authority when the district is approved.
(4) A water-sewer district created under this section may
be transferred to a city or county, or dissolved if the district
is inactive, by order of the county legislative authority at the
written request of sixty percent of the owners of the area
included in the district. [1997 c 447 § 4.]
Finding—Purpose—Construction—1997 c 447: See notes following
RCW 70.05.074.
Chapter 57.06
VALIDATION AND CONSTRUCTION
Sections
57.06.010
57.06.020
57.06.030
57.06.040
57.06.050
57.06.060
57.06.070
57.06.080
57.06.090
57.06.100
57.06.110
1927
1931
1943
1943
1943
1945
1945
1945
1953
1953
1953
validation.
validation.
validation.
validation.
validation.
validation.
validation.
validation.
validation.
validation.
validation.
(2002 Ed.)
Validation and Construction
57.06.120
57.06.130
57.06.140
57.06.150
57.06.160
57.06.170
57.06.180
57.06.190
57.06.200
57.06.210
1959 validation.
1959 severability.
1975 validation.
1975 validation.
1975 validation.
1975 validation.
1988 validation.
Sewer districts—Validation—1959 c 103.
Sewer districts—Formation of districts validated.
Sewer districts—Validation of prior mergers.
57.06.010 1927 validation. In case an attempt has
been made to organize a water district not containing within
its boundaries any incorporated city or town, and either
through inadvertence or mistake the election for the organization of the district was held more than thirty days from
the date of such certificate of the county auditor but less
than sixty days from such date, such proceedings shall not
be deemed invalid by reason thereof, and in case all other
proceedings in connection with the organization of any such
water district were regular, such proceedings are hereby
validated and all bonds and warrants issued or to be issued
by any such water district are hereby declared to be valid.
[1927 c 230 § 2; RRS § 11581-1.]
Reviser’s note: This section appeared in an act the first section of
which amended RRS § 11581 which compiled 1913 c 161 § 3 as amended.
1913 c 161 was declared unconstitutional in Drum v. University Place
Water District, 144 Wash. 585, 258 P. 505 (1927). The current basic water
district act codified in this title is 1929 c 114.
57.06.020 1931 validation. Each and all of the
respective areas of land heretofore organized or attempted to
be organized or incorporated under *chapter 161 of the Laws
of 1913, and amendments thereto, are each hereby declared
to be and created into duly existing water districts having the
respective boundaries set forth in their respective organization proceedings as shown in the files and records of the
office of the board of county commissioners of the county in
which said organization, or attempted organization is located.
The water districts validated or created by this act shall have
the same rights, liabilities, duties and obligations as water
districts created under chapter 114 of the Laws of 1929, and
amendments thereto: PROVIDED, That the provisions of
this act shall apply only to those water districts which have
maintained their organization as water districts since the date
of their attempted incorporation or establishment: PROVIDED, HOWEVER, That nothing herein contained shall be
deemed to validate the debts, contracts, bonds or other
obligations executed prior to this act in connection with or
in pursuance of such attempted organization, and all taxes or
assessments shall hereafter be levied in accordance with the
act of 1929, chapter 114, approved March 13, 1929. [1931
c 71 § 1; RRS § 11604.]
*Reviser’s note: The language "chapter 161 of the Laws of 1913"
appears in 1931 c 71 § 1. See note following RCW 57.06.010.
57.06.030 1943 validation. Each and all of the
respective areas of land heretofore attempted to be organized
into water districts or into local improvement districts or
utility local improvement districts under the provisions of
chapter 114 of the Laws of 1929 and amendments thereto,
are hereby validated and declared to be duly existing water
districts, or local improvement districts, or utility local
improvement districts, as the case may be, having the
(2002 Ed.)
Chapter 57.06
respective boundaries set forth in their organization proceedings as shown by the files in the office of the board of
county commissioners of the county in question and of such
water districts. [1943 c 177 § 1; Rem. Supp. 1943 § 1160413.]
57.06.040 1943 validation. All debts, contracts, and
obligations heretofore made or incurred by or in favor of any
such water district, local improvement district, or utility local
improvement district, and all bonds or other obligations
executed by such districts in connection with or in pursuance
of such attempted organization, and any and all assessments
or levies, and all other things and proceedings done or taken
by such districts or by their respective officers acting under
or in pursuance of such attempted organization, are hereby
declared legal and valid and of full force and effect. [1943
c 177 § 2; Rem. Supp. 1943 § 11604-14.]
57.06.050 1943 validation. The provisions of the act
shall apply only to such districts attempted to be organized
under chapter 114 of the Laws of 1929, and amendments
thereto, which have maintained their organization as such
since the date of such attempted organization, establishment,
or creation. [1943 c 177 § 3; Rem. Supp. 1943 § 11604-15.]
57.06.060 1945 validation. Each and all of the
respective areas of land heretofore attempted to be organized
into water districts or into local improvement districts or
utility local improvement districts under the provisions of
Pierce’s Perpetual Code 994-1 to -53, chapter 114, Laws of
1929, and amendments thereto (sections 11579 to 11604,
Remington’s Revised Statutes), are hereby validated and
declared to be duly existing water districts, or local improvement districts, or utility local improvement districts, as the
case may be, having the respective boundaries set forth in
their organization proceedings as shown by the files in the
office of the board of county commissioners of the county in
question and of such water districts. [1945 c 40 § 1; Rem.
Supp. 1945 § 11604-17.]
57.06.070 1945 validation. All debts, contracts, and
obligations heretofore made or incurred by or in favor of any
such water district, local improvement district, or utility local
improvement district, and all bonds or other obligations
executed by such districts in connection with or in pursuance
of such attempted organization, and any and all assessments
or levies, and all other things and proceedings done or taken
by such districts or by their respective officers acting under
or in pursuance of such attempted organization, are hereby
declared legal and valid and of full force and effect. [1945
c 40 § 2; Rem. Supp. 1945 § 11604-18.]
57.06.080 1945 validation. The provisions of this act
shall apply only to such districts attempted to be organized
under Pierce’s Perpetual Code 994-1 to 53, chapter 114,
Laws of 1929, and amendments thereto (sections 11579 to
11604, Remington’s Revised Statutes), which have maintained their organization as such since the date of such
attempted organization, establishment, or creation. [1945 c
40 § 3; Rem. Supp. 1945 § 11604-19.]
[Title 57 RCW—page 7]
57.06.090
Title 57 RCW: Water-Sewer Districts
57.06.090 1953 validation. Each and all of the
respective areas of land heretofore attempted to be organized
into water districts, including all areas attempted to be
annexed thereto, or into local improvement districts or utility
local improvement districts, under the provisions of chapter
114, Laws of 1929, and amendments thereto, are hereby
validated and declared to be duly existing water districts, or
local improvement districts, or utility local improvement
districts, as the case may be, having the respective boundaries set forth in their organization and annexation proceedings as shown by the files in the office of the board of
county commissioners of the county in question and of such
water districts. [1953 c 251 § 25.]
57.06.100 1953 validation. All debts, contracts, and
obligations heretofore made or incurred by or in favor of any
such water district, local improvement district, or utility local
improvement district, and all bonds or other obligations
executed by such districts in connection with or in pursuance
of such attempted organization, and any and all assessments
or levies, and all other things and proceedings done or taken
by such districts or by their respective officers acting under
or in pursuance of such attempted organization, are hereby
declared legal and valid and of full force and effect. [1953
c 251 § 26.]
57.06.110 1953 validation. The provisions of this act
shall apply only to such districts attempted to be organized
under chapter 114, Laws of 1929, and amendments thereto,
which have maintained their organization as such since the
date of such attempted organization, establishment, or
creation. [1953 c 251 § 27.]
57.06.120 1959 validation. All debts, contracts and
obligations heretofore made or incurred by or in favor of any
water district and all bonds, warrants, or other obligations
issued by such district, and all charges heretofore made by
such districts, and any and all assessments heretofore levied
in any local improvement districts or utility local improvement districts of any water district, and all other things and
proceedings relating thereto done or taken by such water
districts or by their respective officers are hereby declared to
be legal and valid and of full force and effect from the date
thereof: PROVIDED, That nothing in this section shall
apply to ultra vires acts or acts of fraud committed by the
officers or agents of said district. [1959 c 108 § 18.]
57.06.130 1959 severability. If any provision of this
act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1959 c 108 § 20.]
57.06.140 1975 validation. Each and all of the
respective areas of land heretofore attempted to be organized
into water districts under the provisions of chapter 114,
Laws of 1929, and amendments thereto, are hereby validated
and declared to be duly existing water districts, having the
respective boundaries set forth in their organization proceedings as shown by the files in the office of the board of
[Title 57 RCW—page 8]
county commissioners of the county in question and of such
water districts. [1975 1st ex.s. c 188 § 15.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
57.06.150 1975 validation. All debts, contracts, and
obligations heretofore made or incurred by or in favor of any
such water district, and all bonds or other obligations
executed by such districts in connection with or in pursuance
of such attempted organization, and any and all assessments
or levies, and all other things and proceedings done or taken
by such districts or by their respective officers, including by
persons acting as commissioners nominated by petition of at
least twenty-five percent of the qualified electors of the
district, and elected and qualified as otherwise provided by
law, acting under or in pursuance of such attempted organization, are hereby declared legal and valid and of full force
and effect. [1975 1st ex.s. c 188 § 16.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
57.06.160 1975 validation. The holding and exercise
of the office of commissioner by persons now serving as
members of the first board of commissioners under or in
pursuance of such attempted organization, nominated by
petition of at least twenty-five percent of the qualified
electors of the district, and elected and qualified as otherwise
provided by law, is hereby declared legal and valid and of
full force and effect. [1975 1st ex.s. c 188 § 17.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
57.06.170 1975 validation. RCW 57.06.140 through
57.06.160 shall apply only to such districts attempted to be
organized under chapter 114, Laws of 1929, and amendments thereto, which have maintained their organization as
such since the date of such attempted organization, establishment, or creation, or which have been merged into another
municipal corporation. [1975 1st ex.s. c 188 § 18.]
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
57.06.180 1988 validation. The existence of all water
districts formed in counties without a boundary review board
in compliance with the requirements of chapter 57.04 RCW,
whether or not the requirements of RCW 57.02.040 and
*56.02.070 were satisfied, is validated and such districts
shall be deemed to be legally formed. [1988 c 162 § 9.]
*Reviser’s note: RCW 56.02.070 was recodified as RCW 57.02.045
by 1996 c 230 § 1701, effective July 1, 1997.
57.06.190 Sewer districts—Validation—1959 c 103.
All debts, contracts and obligations heretofore made or
incurred by or in favor of any sewer district, all bonds,
warrants, or other obligations issued by such districts, any
connection or service charges made by such districts, any
and all assessments heretofore levied in any utility local
improvement districts of any sewer districts, and all other
things and proceedings relating thereto done or taken by
such sewer districts or by their respective officers are hereby
declared to be legal and valid and of full force and effect
from the date thereof: PROVIDED, That nothing in this
section shall apply to ultra vires acts or acts of fraud
(2002 Ed.)
Validation and Construction
committed by the officers or agents of said district. [1959
c 103 § 17. Formerly RCW 56.02.030.]
Severability—1959 c 103: See note following RCW 57.08.044.
57.06.200 Sewer districts—Formation of districts
validated. The existence of all sewer districts formed in
counties without a boundary review board in compliance
with the requirements of *chapter 56.04 RCW, whether or
not the requirements of RCW **56.02.060 and ***56.02.070
were satisfied, is validated and such districts shall be deemed
to be legally formed. [1988 c 162 § 8. Formerly RCW
56.02.080.]
Reviser’s note: *(1) Chapter 56.04 RCW was repealed and/or
recodified in its entirety by 1996 c 230, effective July 1, 1997.
**(2) RCW 56.02.060 was repealed by 1996 c 230 § 1702, effective
July 1, 1997.
***(3) RCW 56.02.070 was recodified as RCW 57.02.045 pursuant
to 1996 c 230 § 1701, effective July 1, 1997.
57.06.210 Sewer districts—Validation of prior
mergers. Each and all of the respective areas of land
organized as a water district and heretofore attempted to be
merged into a sewer district under chapter 148 of the Laws
of 1969 [ex. sess.], and amendments thereto, and which have
maintained their organization as part of a sewer district since
the date of such attempted merger, are hereby validated and
declared to be a proper merger of a water district into a
sewer district. Such district shall have the respective boundaries set forth in their merger proceedings as shown by the
official files of the legislative authority of the county in
which such merged district is located. All debts, contracts,
bonds, and other obligations heretofore executed in connection with or in pursuance of such attempted organization, and
any and all assessments or levies and all other actions taken
by such districts or by their respective officers acting under
such attempted organization, are hereby declared legal and
valid and of full force and effect. Such districts may
hereafter exercise their powers only to the extent permitted
by and in accordance with the provisions of *RCW
56.36.060, as now or hereafter amended. [1981 c 45 § 8.
Formerly RCW 56.36.070.]
*Reviser’s note: RCW 56.36.060 was repealed by 1996 c 230 §
1702, effective July 1, 1997.
Legislative declaration—"District" defined—Severability—1981 c
45: See notes following RCW 36.93.090.
Chapter 57.08
POWERS
Sections
57.08.005
57.08.007
57.08.009
57.08.011
57.08.012
57.08.014
57.08.015
57.08.016
57.08.017
(2002 Ed.)
Powers.
Concurrent service by two districts.
Use of property not immediately necessary to district for
park or recreational purposes.
Authority to manage, operate, maintain, or repair public or
private water system—Contract.
Fluoridation of water authorized.
Authority to adjust or delay rates or charges for low-income
persons—Notice.
Sale of unnecessary property authorized—Notice.
Sale of unnecessary property authorized—Additional requirements for sale of realty.
Application of sections to certain service provider agreements under chapter 70.150 RCW.
57.06.190
57.08.020
57.08.030
57.08.035
57.08.040
57.08.044
Conveyance of water system to city or town.
Election on conveyance—Contract for operation of facilities.
Effect when city or town takes over portion of water system.
City or town may accept and agree to maintain system.
Contracts for acquisition, use, operation, etc., authorized—
Service to areas in other districts.
57.08.047 Provision of water, sewer, or drainage service beyond district subject to review by boundary review board.
57.08.050 Contracts for materials and work—Notice—Bids—Small
works roster—Requirements waived, when.
57.08.060 Powers as to street lighting systems—Establishment.
57.08.065 Powers as to mutual systems—Overlapping districts—
Operation of system of sewerage or drainage by former
water district.
57.08.070 Participation in volunteer fire fighters’ relief and pension
fund.
57.08.081 Rates and charges—Delinquencies.
57.08.085 Public property subject to rates and charges for drainage
facilities.
57.08.100 Health care, group, life, and social security insurance contracts for employees’, commissioners’ benefit—Joint
action with other districts.
57.08.105 Liability insurance for officials and employees.
57.08.107 Liability insurance for officers and employees authorized.
57.08.112 Association of commissioners—Association to furnish information to legislature and governor.
57.08.120 Lease of real property—Notice, contents, publication—
Performance bond or security.
57.08.140 RCW 39.33.060 to govern on sales by district for park and
recreational purposes.
57.08.150 Extensions by private party—Preparation of plans—Review
by district.
57.08.160 Authority to assist customers in the acquisition of water
conservation equipment—Limitations.
57.08.170 Water conservation plan—Emergency water use restrictions—Fine.
57.08.180 Sewer, drainage, and water connections without district permission—Penalties.
Lien for labor and materials on public works: Chapter 60.28 RCW.
Special purpose districts, expenditures to recruit job candidates: RCW
42.24.170.
57.08.005 Powers. A district shall have the following
powers:
(1) To acquire by purchase or condemnation, or both, all
lands, property and property rights, and all water and water
rights, both within and without the district, necessary for its
purposes. The right of eminent domain shall be exercised in
the same manner and by the same procedure as provided for
cities and towns, insofar as consistent with this title, except
that all assessment or reassessment rolls to be prepared and
filed by eminent domain commissioners or commissioners
appointed by the court shall be prepared and filed by the
district, and the duties devolving upon the city treasurer are
imposed upon the county treasurer;
(2) To lease real or personal property necessary for its
purposes for a term of years for which that leased property
may reasonably be needed;
(3) To construct, condemn and purchase, add to,
maintain, and supply waterworks to furnish the district and
inhabitants thereof and any other persons, both within and
without the district, with an ample supply of water for all
uses and purposes public and private with full authority to
regulate and control the use, content, distribution, and price
thereof in such a manner as is not in conflict with general
law and may construct, acquire, or own buildings and other
necessary district facilities. Where a customer connected to
the district’s system uses the water on an intermittent or
transient basis, a district may charge for providing water
[Title 57 RCW—page 9]
57.08.005
Title 57 RCW: Water-Sewer Districts
service to such a customer, regardless of the amount of
water, if any, used by the customer. District waterworks
may include facilities which result in combined water supply
and electric generation, if the electricity generated thereby is
a byproduct of the water supply system. That electricity
may be used by the district or sold to any entity authorized
by law to use or distribute electricity. Electricity is deemed
a byproduct when the electrical generation is subordinate to
the primary purpose of water supply. For such purposes, a
district may take, condemn and purchase, acquire, and retain
water from any public or navigable lake, river or watercourse, or any underflowing water, and by means of aqueducts or pipeline conduct the same throughout the district
and any city or town therein and carry it along and upon
public highways, roads, and streets, within and without such
district. For the purpose of constructing or laying aqueducts
or pipelines, dams, or waterworks or other necessary
structures in storing and retaining water or for any other
lawful purpose such district may occupy the beds and shores
up to the high water mark of any such lake, river, or other
watercourse, and may acquire by purchase or condemnation
such property or property rights or privileges as may be
necessary to protect its water supply from pollution. For the
purposes of waterworks which include facilities for the
generation of electricity as a byproduct, nothing in this
section may be construed to authorize a district to condemn
electric generating, transmission, or distribution rights or
facilities of entities authorized by law to distribute electricity,
or to acquire such rights or facilities without the consent of
the owner;
(4) To purchase and take water from any municipal
corporation, private person, or entity. A district contiguous
to Canada may contract with a Canadian corporation for the
purchase of water and for the construction, purchase,
maintenance, and supply of waterworks to furnish the district
and inhabitants thereof and residents of Canada with an
ample supply of water under the terms approved by the
board of commissioners;
(5) To construct, condemn and purchase, add to,
maintain, and operate systems of sewers for the purpose of
furnishing the district, the inhabitants thereof, and persons
outside the district with an adequate system of sewers for all
uses and purposes, public and private, including but not
limited to on-site sewage disposal facilities, approved septic
tanks or approved septic tank systems, on-site sanitary
sewerage systems, inspection services and maintenance
services for private and public on-site systems, point and
nonpoint water pollution monitoring programs that are
directly related to the sewerage facilities and programs
operated by a district, other facilities, programs, and systems
for the collection, interception, treatment, and disposal of
wastewater, and for the control of pollution from wastewater
with full authority to regulate the use and operation thereof
and the service rates to be charged. Under this chapter, after
July 1, 1998, any requirements for pumping the septic tank
of an on-site sewage system should be based, among other
things, on actual measurement of accumulation of sludge and
scum by a trained inspector, trained owner’s agent, or trained
owner. Training must occur in a program approved by the
state board of health or by a local health officer. Sewage
facilities may include facilities which result in combined
sewage disposal or treatment and electric generation, except
[Title 57 RCW—page 10]
that the electricity generated thereby is a byproduct of the
system of sewers. Such electricity may be used by the
district or sold to any entity authorized by law to distribute
electricity. Electricity is deemed a byproduct when the
electrical generation is subordinate to the primary purpose of
sewage disposal or treatment. For such purposes a district
may conduct sewage throughout the district and throughout
other political subdivisions within the district, and construct
and lay sewer pipe along and upon public highways, roads,
and streets, within and without the district, and condemn and
purchase or acquire land and rights of way necessary for
such sewer pipe. A district may erect sewage treatment
plants within or without the district, and may acquire, by
purchase or condemnation, properties or privileges necessary
to be had to protect any lakes, rivers, or watercourses and
also other areas of land from pollution from its sewers or its
sewage treatment plant. For the purposes of sewage facilities which include facilities that result in combined sewage
disposal or treatment and electric generation where the electric generation is a byproduct, nothing in this section may be
construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities
authorized by law to distribute electricity, or to acquire such
rights or facilities without the consent of the owners;
(6) To construct, condemn and purchase, add to,
maintain, and operate systems of drainage for the benefit and
use of the district, the inhabitants thereof, and persons
outside the district with an adequate system of drainage, including but not limited to facilities and systems for the
collection, interception, treatment, and disposal of storm or
surface waters, and for the protection, preservation, and
rehabilitation of surface and underground waters, and
drainage facilities for public highways, streets, and roads,
with full authority to regulate the use and operation thereof
and the service rates to be charged. Drainage facilities may
include natural systems. Drainage facilities may include
facilities which result in combined drainage facilities and
electric generation, except that the electricity generated
thereby is a byproduct of the drainage system. Such
electricity may be used by the district or sold to any entity
authorized by law to distribute electricity. Electricity is
deemed a byproduct when the electrical generation is
subordinate to the primary purpose of drainage collection,
disposal, and treatment. For such purposes, a district may
conduct storm or surface water throughout the district and
throughout other political subdivisions within the district,
construct and lay drainage pipe and culverts along and upon
public highways, roads, and streets, within and without the
district, and condemn and purchase or acquire land and
rights of way necessary for such drainage systems. A district may provide or erect facilities and improvements for the
treatment and disposal of storm or surface water within or
without the district, and may acquire, by purchase or
condemnation, properties or privileges necessary to be had
to protect any lakes, rivers, or watercourses and also other
areas of land from pollution from storm or surface waters.
For the purposes of drainage facilities which include facilities that also generate electricity as a byproduct, nothing in
this section may be construed to authorize a district to
condemn electric generating, transmission, or distribution
rights or facilities of entities authorized by law to distribute
(2002 Ed.)
Powers
electricity, or to acquire such rights or facilities without the
consent of the owners;
(7) To construct, condemn, acquire, and own buildings
and other necessary district facilities;
(8) To compel all property owners within the district
located within an area served by the district’s system of
sewers to connect their private drain and sewer systems with
the district’s system under such penalty as the commissioners
shall prescribe by resolution. The district may for such
purpose enter upon private property and connect the private
drains or sewers with the district system and the cost thereof
shall be charged against the property owner and shall be a
lien upon property served;
(9) Where a district contains within its borders, abuts,
or is located adjacent to any lake, stream, ground water as
defined by RCW 90.44.035, or other waterway within the
state of Washington, to provide for the reduction,
minimization, or elimination of pollutants from those waters
in accordance with the district’s comprehensive plan, and to
issue general obligation bonds, revenue bonds, local improvement district bonds, or utility local improvement bonds
for the purpose of paying all or any part of the cost of
reducing, minimizing, or eliminating the pollutants from
these waters;
(10) To fix rates and charges for water, sewer, and drain
service supplied and to charge property owners seeking to
connect to the district’s systems, as a condition to granting
the right to so connect, in addition to the cost of the connection, such reasonable connection charge as the board of
commissioners shall determine to be proper in order that
those property owners shall bear their equitable share of the
cost of the system. For the purposes of calculating a
connection charge, the board of commissioners shall determine the pro rata share of the cost of existing facilities and
facilities planned for construction within the next ten years
and contained in an adopted comprehensive plan and other
costs borne by the district which are directly attributable to
the improvements required by property owners seeking to
connect to the system. The cost of existing facilities shall
not include those portions of the system which have been
donated or which have been paid for by grants. The
connection charge may include interest charges applied from
the date of construction of the system until the connection,
or for a period not to exceed ten years, whichever is shorter,
at a rate commensurate with the rate of interest applicable to
the district at the time of construction or major rehabilitation
of the system, or at the time of installation of the lines to
which the property owner is seeking to connect. A district
may permit payment of the cost of connection and the
reasonable connection charge to be paid with interest in
installments over a period not exceeding fifteen years. The
county treasurer may charge and collect a fee of three dollars
for each year for the treasurer’s services. Those fees shall
be a charge to be included as part of each annual installment, and shall be credited to the county current expense
fund by the county treasurer. Revenues from connection
charges excluding permit fees are to be considered payments
in aid of construction as defined by department of revenue
rule. Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the
development, construction, or reconstruction of property.
(2002 Ed.)
57.08.005
Before adopting on-site inspection and maintenance
utility services, or incorporating residences into an on-site
inspection and maintenance or sewer utility under this
chapter, notification must be provided, prior to the applicable
public hearing, to all residences within the proposed service
area that have on-site systems permitted by the local health
officer. The notice must clearly state that the residence is
within the proposed service area and must provide information on estimated rates or charges that may be imposed for
the service.
A water-sewer district shall not provide on-site sewage
system inspection, pumping services, or other maintenance
or repair services under this section using water-sewer
district employees unless the on-site system is connected by
a publicly owned collection system to the water-sewer
district’s sewerage system, and the on-site system represents
the first step in the sewage disposal process.
Except as otherwise provided in RCW 90.03.525, any
public entity and public property, including the state of
Washington and state property, shall be subject to rates and
charges for sewer, water, storm water control, drainage, and
street lighting facilities to the same extent private persons
and private property are subject to those rates and charges
that are imposed by districts. In setting those rates and
charges, consideration may be made of in-kind services, such
as stream improvements or donation of property;
(11) To contract with individuals, associations and
corporations, the state of Washington, and the United States;
(12) To employ such persons as are needed to carry out
the district’s purposes and fix salaries and any bond requirements for those employees;
(13) To contract for the provision of engineering, legal,
and other professional services as in the board of
commissioner’s discretion is necessary in carrying out their
duties;
(14) To sue and be sued;
(15) To loan and borrow funds and to issue bonds and
instruments evidencing indebtedness under chapter 57.20
RCW and other applicable laws;
(16) To transfer funds, real or personal property,
property interests, or services subject to RCW 57.08.015;
(17) To levy taxes in accordance with this chapter and
chapters 57.04 and 57.20 RCW;
(18) To provide for making local improvements and to
levy and collect special assessments on property benefitted
thereby, and for paying for the same or any portion thereof
in accordance with chapter 57.16 RCW;
(19) To establish street lighting systems under RCW
57.08.060;
(20) To exercise such other powers as are granted to
water-sewer districts by this title or other applicable laws;
and
(21) To exercise any of the powers granted to cities and
counties with respect to the acquisition, construction,
maintenance, operation of, and fixing rates and charges for
waterworks and systems of sewerage and drainage. [1999 c
153 § 2; 1997 c 447 § 16; 1996 c 230 § 301.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Finding—Purpose—1997 c 447: See note following RCW
70.05.074.
[Title 57 RCW—page 11]
57.08.005
Title 57 RCW: Water-Sewer Districts
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
ty of the electors voting on the proposition to become
effective. [1988 c 11 § 2.]
57.08.007 Concurrent service by two districts.
Except upon approval of both districts by resolution, a
district may not provide a service within an area in which
that service is available from another district or within an
area in which that service is planned to be made available
under an effective comprehensive plan of another district.
[1996 c 230 § 302.]
57.08.014 Authority to adjust or delay rates or
charges for low-income persons—Notice. In addition to
the authority of a district to establish classifications for rates
and charges and impose such rates and charges, a district
may adjust or delay those rates and charges for low-income
persons or classes of low-income persons, including but not
limited to, low-income handicapped persons and low-income
senior citizens. Other financial assistance available to lowincome persons shall be considered in determining charges
and rates under this section. Notification of special rates or
charges established under this section shall be provided to all
persons served by the district annually and upon initiating
service. Information on cost shifts caused by establishment
of the special rates or charges shall be included in the
notification. Any reduction in charges and rates granted to
low-income persons in one part of a service area shall be
uniformly extended to low-income persons in all other parts
of the service area. [1999 c 153 § 3; 1996 c 230 § 304;
1983 c 198 § 2.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.08.009 Use of property not immediately necessary to district for park or recreational purposes. A
district may operate and maintain a park or recreational
facilities on real property that it owns or in which it has an
interest that is not immediately necessary for its purposes.
If such park or recreational facilities are operated by a
person other than the district, including a corporation,
partnership, or other business enterprise, the person shall
indemnify and hold harmless the district for any injury or
damage caused by the action of the person. [1991 c 82 § 3.
Formerly RCW 56.08.170.]
57.08.011 Authority to manage, operate, maintain,
or repair public or private water system—Contract. A
district may enter into a contract with any person, corporation, or other entity, public or private, that owns a water
system located in the district to manage, operate, maintain,
or repair the water system. Such a contract may be entered
into only if the general comprehensive plan of the district
reflects the water system that is to be so managed, operated,
maintained, or repaired.
A district shall be liable to provide the services provided
in such a contract only if the required contractual payments
are made to the district, and such payments shall be secured
by a lien on the property served by the water system to the
same extent that rates and charges imposed by the district
constitute liens on the property served by the district. The
responsibility for all costs incurred by the water system in
complying with water quality laws, regulations, and standards shall be solely that of the water system and not the
district, except to the extent payments have been made to the
district for the costs of such compliance.
A district periodically may transfer to another account
surplus moneys that may accumulate in an account established by the district to receive payments for the provision
of services for such a water system. [1996 c 230 § 303;
1989 c 308 § 14.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.08.012 Fluoridation of water authorized. A
water district by a majority vote of its board of commissioners may fluoridate the water supply system of the water
district. The commissioners may cause the proposition of
fluoridation of the water supply to be submitted to the
electors of the water district at any general election or
special election to be called for the purpose of voting on the
proposition. The proposition must be approved by a majori[Title 57 RCW—page 12]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Severability—1983 c 198: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 198 § 3.]
57.08.015 Sale of unnecessary property authorized—Notice. The board of commissioners of a district
may sell, at public or private sale, property belonging to the
district if the board determines that the property is not and
will not be needed for district purposes and if the board
gives notice of intention to sell as in this section provided.
However, no such notice of intention shall be required to sell
personal property of less than two thousand five hundred
dollars in value.
The notice of intention to sell shall be published once
a week for two consecutive weeks in a newspaper of general
circulation in the district. The notice shall describe the
property and state the time and place at which it will be sold
or offered for sale, the terms of sale, whether the property is
to be sold at public or private sale, and if at public sale the
notice shall call for bids, fix the conditions of the bids and
reserve the right to reject any and all bids for good cause.
[1999 c 153 § 4; 1996 c 230 § 305; 1993 c 198 § 19; 1989
c 308 § 7; 1977 ex.s. c 299 § 2; 1953 c 50 § 1.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.08.016 Sale of unnecessary property authorized—Additional requirements for sale of realty. (1)
There shall be no private sale of real property where the appraised value exceeds the sum of two thousand five hundred
dollars. Subject to the provisions of subsection (2) of this
section, no real property of the district shall be sold for less
than ninety percent of the value thereof as established by a
(2002 Ed.)
Powers
written appraisal made not more than six months prior to the
date of sale by three disinterested real estate brokers licensed
under the laws of the state or professionally designated real
estate appraisers as defined in RCW 74.46.020. The
appraisal shall be signed by the appraisers and filed with the
secretary of the board of commissioners of the district, who
shall keep it at the office of the district open to public
inspection. Any notice of intention to sell real property of
the district shall recite the appraised value thereof.
(2) If no purchasers can be obtained for the property at
ninety percent or more of its appraised value after one
hundred twenty days of offering the property for sale, the
board of commissioners of the district may adopt a resolution stating that the district has been unable to sell the
property at the ninety percent amount. The district then may
sell the property at the highest price it can obtain at public
auction. A notice of intention to sell at public auction shall
be published once a week for two consecutive weeks in a
newspaper of general circulation in the district. The notice
shall describe the property, state the time and place at which
it will be offered for sale and the terms of sale, and shall
call for bids, fix the conditions thereof, and reserve the right
to reject any and all bids for good cause. [1999 c 153 § 5;
1996 c 230 § 306; 1993 c 198 § 20; 1989 c 308 § 8; 1988
c 162 § 2; 1984 c 103 § 3; 1953 c 50 § 2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.08.017 Application of sections to certain service
provider agreements under chapter 70.150 RCW. RCW
57.08.015, 57.08.016, 57.08.050, and 57.08.120 shall not
apply to agreements entered into under authority of chapter
70.150 RCW if there is compliance with the procurement
procedure under RCW 70.150.040. [1996 c 230 § 321; 1986
c 244 § 16.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Severability—1986 c 244: See RCW 70.150.905.
57.08.020 Conveyance of water system to city or
town. That water districts duly organized under the laws of
the state of Washington shall have the following powers in
addition to those conferred by existing statutes. Whenever
any water district shall have installed a distributing system
of mains and laterals and as a source of supply of water
shall be purchasing or intending to purchase water from any
city or town, and whenever it shall appear to be advantageous to the water consumers in said water district that such
city or town shall take over the water system of the water
district and supply water to the said water users, the commissioners of said water district, upon being authorized as
provided in RCW 57.08.030, shall have the right to convey
such distributing system to any such city or town: PROVIDED, Such city or town is willing to accept, maintain and
repair the same: PROVIDED, FURTHER, That all bonded
and other indebtedness of said water district except local
improvement district bonds shall have been paid. [1933 c
142 § 1; RRS § 11586-1.]
(2002 Ed.)
57.08.016
57.08.030 Election on conveyance—Contract for
operation of facilities. (1) Whenever any district shall have
installed a distributing system of water mains and laterals,
and as a source of supply of water shall be purchasing or
intending to purchase water from any city or town, and
whenever it appears to be advantageous to the water consumers in the district that such city or town shall take over
the water system of the district and supply water to those
water users, the commissioners of the district, when authorized as provided in subsection (2) of this section, shall have
the right to convey the distributing system to that city or
town if that city or town is willing to accept, maintain, and
repair the same.
(2) Should the commissioners of the district decide that
it would be to the advantage of the water consumers of the
district to make the conveyance provided for in subsection
(1) of this section, they shall cause the proposition of
making that conveyance to be submitted to the voters of the
district at any general election or at a special election to be
called for the purpose of voting on the same. If at the
election a majority of the voters voting on the proposition
shall be in favor of making the conveyance, the district commissioners shall have the right to convey to the city or town
the mains and laterals belonging to the district upon the city
or town entering into a contract satisfactory to the commissioners to maintain and repair the same.
(3) Whenever a city or town located wholly or in part
within a district shall enter into a contract with the commissioners of a district providing that the city or town shall take
over all of the operation of the water supply facilities of the
district located within its boundaries, the area of the district
located within the city or town shall upon the execution of
the contract cease to be served by the district for water
service purposes. However, the affected land within that city
or town shall remain liable for the payment of all assessments, any lien upon the property at the time of the execution of the agreement, and for any lien of all general
obligation bonds due at the date of the contract, and the city
or town shall remain liable for its fair prorated share of the
debt of the area for any revenue bonds, outstanding as of the
date of contract. [1999 c 153 § 6; 1996 c 230 § 307; 1933
c 142 § 2; RRS § 11586-2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.08.035 Effect when city or town takes over
portion of water system. Whenever a city or town located
wholly or in part within a water district shall enter into a
contract with the commissioners of a water district providing
that the city or town shall take over all of the operation of
the facilities of the district located within its boundaries,
such area of said water district located within said city or
town shall upon the execution of said contract cease to be a
part of said water district and the inhabitants therein shall no
longer be permitted to vote in said water district. The land,
however, within such city or town shall remain liable for the
payment of all assessments, any lien upon said property at
the time of the execution of said agreement and for any lien
of all general obligation bonds due at the date of said
contract, and the city shall remain liable for its fair prorated
[Title 57 RCW—page 13]
57.08.035
Title 57 RCW: Water-Sewer Districts
share of the debt of the area for any revenue bonds outstanding as of said date of contract. [1971 ex.s. c 272 § 13.]
57.08.040 City or town may accept and agree to
maintain system. Whenever any city or town is selling or
proposes to sell water to a district, the city or town may by
ordinance accept a conveyance of any distributing system
and enter into a contract with the district for the maintenance
and repair of the system and the supplying of water to the
district consumers. [1996 c 230 § 308; 1933 c 142 § 3;
RRS § 11586-3.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.08.044 Contracts for acquisition, use, operation,
etc., authorized—Service to areas in other districts. A
district may enter into contracts with any county, city, town,
or any other municipal or quasi-municipal corporation, or
with any private person or corporation, for the acquisition,
ownership, use, and operation of any property, facilities, or
services, within or without the district, and necessary or
desirable to carry out the purposes of the district. A district
may provide water, sewer, drainage, or street lighting
services to property owners in areas within or without the
limits of the district, except that if the area to be served is
located within another existing district duly authorized to
exercise district powers in that area, then water, sewer,
drainage, or street lighting service may not be so provided
by contract or otherwise without the consent by resolution of
the board of commissioners of that other district. [1999 c
153 § 7; 1996 c 230 § 309; 1981 c 45 § 4; 1959 c 103 § 3;
1953 c 250 § 8; 1941 c 210 § 48; Rem. Supp. 1941 § 942557. Formerly RCW 56.08.060.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Legislative declaration—"District" defined—Severability—1981 c
45: See notes following RCW 36.93.090.
Severability—1959 c 103: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1959 c 103 § 19.]
Water-sewer districts and municipalities, joint agreements: RCW
35.67.300.
57.08.047 Provision of water, sewer, or drainage
service beyond district subject to review by boundary
review board. The provision of water, sewer, or drainage
service beyond the boundaries of a district may be subject to
potential review by a boundary review board under chapter
36.93 RCW. [1999 c 153 § 8; 1996 c 230 § 310; 1989 c 84
§ 57.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.08.050 Contracts for materials and work—
Notice—Bids—Small works roster—Requirements
waived, when. (1) All work ordered, the estimated cost of
which is in excess of five thousand dollars, shall be let by
[Title 57 RCW—page 14]
contract and competitive bidding. Before awarding any such
contract the board of commissioners shall publish a notice in
a newspaper of general circulation where the district is
located at least once thirteen days before the last date upon
which bids will be received, inviting sealed proposals for
such work, plans and specifications which must at the time
of publication of such notice be on file in the office of the
board of commissioners subject to the public inspection.
The notice shall state generally the work to be done and
shall call for proposals for doing the same to be sealed and
filed with the board of commissioners on or before the day
and hour named therein.
Each bid shall be accompanied by a certified or
cashier’s check or postal money order payable to the order
of the county treasurer for a sum not less than five percent
of the amount of the bid, or accompanied by a bid bond in
an amount not less than five percent of the bid with a
corporate surety licensed to do business in the state, conditioned that the bidder will pay the district as liquidated
damages the amount specified in the bond, unless the bidder
enters into a contract in accordance with the bidder’s bid,
and no bid shall be considered unless accompanied by such
check, cash or bid bond. At the time and place named such
bids shall be publicly opened and read and the board of
commissioners shall proceed to canvass the bids and may let
such contract to the lowest responsible bidder upon plans
and specifications on file or to the best bidder submitting the
bidder’s own plans and specifications. The board of
commissioners may reject all bids for good cause and
readvertise and in such case all checks, cash or bid bonds
shall be returned to the bidders. If the contract is let, then
all checks, cash, or bid bonds shall be returned to the
bidders, except that of the successful bidder, which shall be
retained until a contract shall be entered into for doing the
work, and a bond to perform such work furnished with
sureties satisfactory to the board of commissioners in the full
amount of the contract price between the bidder and the
commission in accordance with the bid. If the bidder fails
to enter into the contract in accordance with the bid and
furnish the bond within ten days from the date at which the
bidder is notified that the bidder is the successful bidder, the
check, cash, or bid bonds and the amount thereof shall be
forfeited to the district. If the bidder fails to enter into a
contract in accordance with the bidder’s bid, and the board
of commissioners deems it necessary to take legal action to
collect on any bid bond required by this section, then the
district shall be entitled to collect from the bidder any legal
expenses, including reasonable attorneys’ fees occasioned
thereby. A low bidder who claims error and fails to enter
into a contract is prohibited from bidding on the same
project if a second or subsequent call for bids is made for
the project.
(2) As an alternative to requirements under subsection
(1) of this section, a water-sewer district may let contracts
using the small works roster process under RCW 39.04.155.
(3) Any purchase of materials, supplies, or equipment,
with an estimated cost in excess of ten thousand dollars,
shall be by contract. Any purchase of materials, supplies, or
equipment, with an estimated cost of less than fifty thousand
dollars shall be made using the process provided in RCW
39.04.190. Any purchase of materials, supplies, or equipment with an estimated cost of fifty thousand dollars or more
(2002 Ed.)
Powers
shall be made by competitive bidding following the procedure for letting contracts for projects under subsection (1) of
this section.
(4) The board may waive the competitive bidding
requirements of this section pursuant to RCW 39.04.280 if
an exemption contained within that section applies to the
purchase or public work. [2000 c 138 § 212; 1999 c 153 §
9; 1998 c 278 § 8; 1997 c 245 § 4. Prior: 1996 c 230 §
311; 1996 c 18 § 14; 1994 c 31 § 2; prior: 1993 c 198 §
21; 1993 c 45 § 8; 1989 c 105 § 2; 1987 c 309 § 2; 1985 c
154 § 2; 1983 c 38 § 2; 1979 ex.s. c 137 § 2; 1975 1st ex.s.
c 64 § 2; 1965 c 72 § 1; 1947 c 216 § 2; 1929 c 114 § 21;
Rem. Supp. 1947 § 11598. Cf. 1913 c 161 § 20.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.08.060 Powers as to street lighting systems—
Establishment. In addition to the powers given districts by
law, a district shall also have power to acquire, construct,
maintain, operate, and develop street lighting systems.
To establish a street lighting system, the board of
commissioners shall adopt a resolution proposing a street
lighting system and delineating the boundaries of the area to
be served by the proposed street lighting system. The board
shall conduct a public hearing on the resolution to create a
street lighting system. Notice of the hearing shall be
published at least once each week for two consecutive weeks
in one or more newspapers of general circulation in the area
to be served by the proposed street lighting system. Following the hearing, the board may by resolution establish the
street lighting system.
A street lighting system shall not be established if,
within thirty days following the decision of the board, a
petition opposing the street lighting system is filed with the
board and contains the signatures of at least forty percent of
the voters registered in the area to be served by the proposed
system.
The district has the same powers of imposing charges
for providing street lighting, collecting delinquent street
lighting charges, and financing street lighting systems by
issuing general obligation bonds, issuing revenue bonds, and
creating improvement districts as it has for imposing charges
for providing water, collecting delinquent water service
charges, and financing water systems by issuing general
obligation bonds, issuing revenue bonds, and creating
improvement districts. [1996 c 230 § 312; 1987 c 449 § 11;
1982 c 105 § 1; 1941 c 68 § 1; Rem. Supp. 1941 § 1160412.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.08.065 Powers as to mutual systems—
Overlapping districts—Operation of system of sewerage
or drainage by former water district. (1) A district shall
have power to establish, maintain, and operate a mutual
water, sewerage, drainage, and street lighting system, a
mutual system of any two or three of the systems, or
separate systems.
(2002 Ed.)
57.08.050
(2) Where any two or more districts include the same
territory as of July 1, 1997, none of the overlapping districts
may provide any service that was made available by any of
the other districts prior to July 1, 1997, within the overlapping territory without the consent by resolution of the
board of commissioners of the other district or districts.
(3) A district that was a water district prior to July 1,
1997, that did not operate a system of sewerage or drainage
prior to July 1, 1997, may not proceed to exercise the
powers to establish, maintain, construct, and operate any
system of sewerage or drainage without first obtaining
written approval and certification of necessity from the
department of ecology and department of health. Any
comprehensive plan for a system of sewers or drainages or
addition thereto or betterment thereof, proposed by a district
that was a water district prior to July 1, 1997, shall be
approved by the same county and state officials as were
required to approve such plans adopted by a sewer district
immediately prior to July 1, 1997, and as subsequently may
be required. [1999 c 153 § 10; 1997 c 447 § 17; 1996 c 230
§ 313; 1981 c 45 § 11; 1979 c 141 § 69; 1967 ex.s. c 135 §
3; 1963 c 111 § 1.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Finding—Purpose—1997 c 447: See note following RCW
70.05.074.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Legislative declaration—"District" defined—Severability—1981 c
45: See notes following RCW 36.93.090.
57.08.070 Participation in volunteer fire fighters’
relief and pension fund. See chapter 41.24 RCW.
57.08.081 Rates and charges—Delinquencies. (1)
The commissioners of any district shall provide for revenues
by fixing rates and charges for furnishing sewer and drainage
service and facilities to those to whom service is available or
for providing water, such rates and charges to be fixed as
deemed necessary by the commissioners, so that uniform
charges will be made for the same class of customer or
service and facility. Rates and charges may be combined for
the furnishing of more than one type of sewer or drainage
service and facilities.
(2) In classifying customers of such water, sewer, or
drainage system, the board of commissioners may in its
discretion consider any or all of the following factors: The
difference in cost to various customers; the location of the
various customers within and without the district; the
difference in cost of maintenance, operation, repair, and
replacement of the various parts of the system; the different
character of the service furnished various customers; the
quantity and quality of the service and facility furnished; the
time of its use; the achievement of water conservation goals
and the discouragement of wasteful practices; capital
contributions made to the system including but not limited
to assessments; and any other matters which present a
reasonable difference as a ground for distinction. Rates shall
be established as deemed proper by the commissioners and
as fixed by resolution and shall produce revenues sufficient
to take care of the costs of maintenance and operation,
revenue bond and warrant interest and principal amortization
[Title 57 RCW—page 15]
57.08.081
Title 57 RCW: Water-Sewer Districts
requirements, and all other charges necessary for efficient
and proper operation of the system. Prior to furnishing services, a district may require a deposit to guarantee payment
for services. However, failure to require a deposit does not
affect the validity of any lien authorized by this section.
(3) The commissioners shall enforce collection of
connection charges, and rates and charges for water supplied
against property owners connecting with the system or
receiving such water, and for sewer and drainage services
charged against property to which and its owners to whom
the service is available, such charges being deemed charges
against the property served, by addition of penalties of not
more than ten percent thereof in case of failure to pay the
charges at times fixed by resolution. The commissioners
may provide by resolution that where either connection
charges or rates and charges for services supplied are
delinquent for any specified period of time, the district shall
certify the delinquencies to the auditor of the county in
which the real property is located, and the charges and any
penalties added thereto and interest thereon at the rate of not
more than the prime lending rate of the district’s bank plus
four percentage points per year shall be a lien against the
property upon which the service was received, subject only
to the lien for general taxes.
(4) The district may, at any time after the connection
charges or rates and charges for services supplied or available and penalties are delinquent for a period of sixty days,
bring suit in foreclosure by civil action in the superior court
of the county in which the real property is located. The
court may allow, in addition to the costs and disbursements
provided by statute, attorneys’ fees, title search and report
costs, and expenses as it adjudges reasonable. The action
shall be in rem, and may be brought in the name of the district against an individual or against all of those who are
delinquent in one action. The laws and rules of the court
shall control as in other civil actions.
(5) In addition to the right to foreclose provided in this
section, the district may also cut off all or part of the service
after charges for water or sewer service supplied or available
are delinquent for a period of thirty days.
(6) A district may determine how to apply partial
payments on past due accounts.
(7) A district may provide a real property owner or the
owner’s designee with duplicate bills for service to tenants,
or may notify an owner or the owner’s designee that a
tenant’s service account is delinquent. However, if an owner
or the owner’s designee notifies the district in writing that a
property served by the district is a rental property, asks to be
notified of a tenant’s delinquency, and has provided, in
writing, a complete and accurate mailing address, the district
shall notify the owner or the owner’s designee of a tenant’s
delinquency at the same time and in the same manner the
district notifies the tenant of the tenant’s delinquency or by
mail. When a district provides a real property owner or the
owner’s designee with duplicates of tenant utility service
bills or notice that a tenant’s utility account is delinquent, the
district shall notify the tenant that it is providing the duplicate bills or delinquency notice to the owner or the owner’s
designee. After January 1, 1999, if a district fails to notify
the owner of a tenant’s delinquency after receiving a written
request to do so and after receiving the other information
required by this subsection (7), the district shall have no lien
[Title 57 RCW—page 16]
against the premises for the tenant’s delinquent and unpaid
charges. [1999 c 153 § 11. Prior: 1998 c 285 § 2; 1998 c
106 § 9; 1997 c 447 § 19; 1996 c 230 § 314.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Finding—Purpose—1997 c 447: See note following RCW
70.05.074.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Assessments and charges against state lands: Chapter 79.44 RCW.
57.08.085 Public property subject to rates and
charges for drainage facilities. Except as otherwise
provided in RCW 90.03.525, any public entity and public
property, including state of Washington property, shall be
subject to rates and charges for drainage facilities to the
same extent as private persons and private property are
subject to such rates and charges that are imposed by
districts pursuant to RCW 57.08.005 or 57.08.081. In setting
those rates and charges, consideration may be given to inkind services, such as stream improvements or donation of
property. [1999 c 153 § 12; 1996 c 230 § 315; 1986 c 278
§ 59; 1983 c 315 § 5. Formerly RCW 56.08.012.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.
Flood control zone districts—Storm water control improvements: Chapter
86.15 RCW.
Rates and charges for storm water control facilities—Limitations—
Definitions: RCW 90.03.500 through 90.03.525. See also RCW
35.67.025, 35.92.021, 36.89.085, and 36.94.145.
57.08.100 Health care, group, life, and social
security insurance contracts for employees’,
commissioners’ benefit—Joint action with other districts.
Subject to chapter 48.62 RCW, a district, by a majority vote
of its board of commissioners, may enter into contracts to
provide health care services and/or group insurance and/or
term life insurance and/or social security insurance for the
benefit of its employees and may pay all or any part of the
cost thereof. Any two or more districts, by a majority vote
of their respective boards of commissioners, may, if deemed
expedient, join in the procuring of such health care services
and/or group insurance and/or term life insurance, and the
board of commissioners of a participating district may by
appropriate resolution authorize its respective district to pay
all or any portion of the cost thereof.
A district with five thousand or more customers providing health, group, or life insurance to its employees may
provide its commissioners with the same coverage. However, the per person amounts for such insurance paid by the
district shall not exceed the per person amounts paid by the
district for its employees. [1996 c 230 § 316; 1991 sp.s. c
30 § 25; 1991 c 82 § 5; 1981 c 190 § 6; 1973 c 24 § 2;
1961 c 261 § 2.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Effective date, implementation, application—Severability—1991
sp.s. c 30: See RCW 48.62.900 and 48.62.901.
(2002 Ed.)
Powers
Hospitalization and medical insurance authorized: RCW 41.04.180.
Hospitalization and medical insurance not deemed additional compensation:
RCW 41.04.190.
57.08.105 Liability insurance for officials and
employees. The board of commissioners of each district
may purchase liability insurance with such limits as it may
deem reasonable for the purpose of protecting its officials
and employees against liability for personal or bodily injuries
and property damage arising from their acts or omissions
while performing or in good faith purporting to perform their
official duties. [1996 c 230 § 317; 1973 c 125 § 7.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.08.107 Liability insurance for officers and
employees authorized. See RCW 36.16.138.
57.08.112 Association of commissioners—
Association to furnish information to legislature and
governor. See RCW 44.04.170.
57.08.120 Lease of real property—Notice, contents,
publication—Performance bond or security. A district
may lease out real property which it owns or in which it has
an interest and which is not immediately necessary for its
purposes upon such terms as the board of commissioners
deems proper. No such lease shall be made until the district
has first caused notice thereof to be published twice in a
newspaper in general circulation in the district, the first
publication to be at least fifteen days and the second at least
seven days prior to the making of such lease. The notice
shall describe the property, the lessee, and the lease payments. A hearing shall be held pursuant to the terms of the
notice, at which time any and all persons who may be
interested shall have the right to appear and to be heard.
No such lease shall be made unless secured by a bond
conditioned on the performance of the terms of the lease,
with surety satisfactory to the commissioners and with a
penalty of not less than one-sixth of the term of the lease or
for one year’s rental, whichever is greater.
No such lease shall be made for a term longer than
twenty-five years. In cases involving leases of more than
five years, the commissioners may provide for or stipulate to
acceptance of a bond conditioned on the performance of a
part of the term for five years or more whenever it is further
provided that the lessee must procure and deliver to the
commissioners renewal bonds with like terms and conditions
no more than two years prior nor less than one year prior to
the expiration of such bond during the entire term of the
lease. However, no such bond shall be construed to secure
the furnishing of any other bond by the same surety or
indemnity company. The board of commissioners may
require a reasonable security deposit in lieu of a bond on
leased property owned by a district.
The commissioners may accept as surety on any bond
required by this section an approved surety company, or may
accept in lieu thereof a secured interest in property of a
value at least twice the amount of the bond required, conditioned further that in the event the commissioners determine
that the value of the bond security has become or is about to
(2002 Ed.)
57.08.100
become impaired, additional security shall be required from
the lessee.
The authority granted under this section shall not be
exercised by the board of commissioners unless the property
is declared by resolution of the board of commissioners to be
property for which there is a future need by the district and
for the use of which provision is made in the comprehensive
plan of the district as the same may be amended from time
to time. [1996 c 230 § 319; 1991 c 82 § 6; 1967 ex.s. c 135
§ 1.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.08.140 RCW 39.33.060 to govern on sales by
district for park and recreational purposes. The provisions of RCW 57.08.015, 57.08.016, and 57.08.120 shall
have no application as to the sale or conveyance of real or
personal property or any interest or right therein by a district
to the county or park and recreation district wherein such
property is located for park and recreational purposes, but in
those cases the provisions of RCW 39.33.060 shall govern.
[1996 c 230 § 320; 1971 ex.s. c 243 § 8.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Severability—1971 ex.s. c 243: See RCW 84.34.920.
57.08.150 Extensions by private party—Preparation
of plans—Review by district. A district may not require
that a specified engineer prepare plans or designs for
extensions to its systems if the extensions are to be financed
and constructed by a private party, but may review, and
approve or reject, the plans or designs which have been
prepared for such a private party based upon standards and
requirements established by the district. [1996 c 230 § 323;
1987 c 309 § 4.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.08.160 Authority to assist customers in the
acquisition of water conservation equipment—
Limitations. Any district is hereby authorized, within limits
established by the Constitution of the state of Washington,
to assist the owners of structures in financing the acquisition
and installation of fixtures, systems, and equipment, for
compensation or otherwise, for the conservation or more
efficient use of water in the structures under a water conservation plan adopted by the district if the cost per unit of
water saved or conserved by the use of the fixtures, systems,
and equipment is less than the cost per unit of water supplied by the next least costly new water source available to
the district to meet future demand. Except where otherwise
authorized, assistance shall be limited to:
(1) Providing an inspection of the structure, either
directly or through one or more inspectors under contract, to
determine and inform the owner of the estimated cost of
purchasing and installing conservation fixtures, systems, and
equipment for which financial assistance will be approved
and the estimated life cycle savings to the water system and
the consumer that are likely to result from the installation of
the fixtures, systems, or equipment;
[Title 57 RCW—page 17]
57.08.160
Title 57 RCW: Water-Sewer Districts
(2) Providing a list of businesses that sell and install the
fixtures, systems, and equipment within or in close proximity
to the service area of the city or town, each of which
businesses shall have requested to be included and shall have
the ability to provide the products in a workmanlike manner
and to utilize the fixtures, systems, and equipment in
accordance with the prevailing national standards;
(3) Arranging to have approved conservation fixtures,
systems, and equipment installed by a private contractor
whose bid is acceptable to the owner of the structure and
verifying the installation; and
(4) Arranging or providing financing for the purchase
and installation of approved conservation fixtures, systems,
and equipment. The fixtures, systems, and equipment shall
be purchased or installed by a private business, the owner,
or the utility.
Pay back shall be in the form of incremental additions
to the utility bill, billed either together with the use charge
or separately. Loans shall not exceed one hundred twenty
months in length. [1996 c 230 § 324; 1989 c 421 § 5.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Intent—Contingent effective date—1989 c 421: See notes following
RCW 35.92.017.
57.08.170 Water conservation plan—Emergency
water use restrictions—Fine. A district may adopt a water
conservation plan and emergency water use restrictions. The
district may enforce a water conservation plan and emergency water use restrictions by imposing a fine as provided by
resolution for failure to comply with any such plan or
restrictions. The commissioners may provide by resolution
that if a fine for failure to comply with the water conservation plan or emergency water use restrictions is delinquent
for a specified period of time, the district shall certify the
delinquency to the treasurer of the county in which the real
property is located and serve notice of the delinquency on
the subscribing water customer who fails to comply, and the
fine is then a separate item for inclusion on the bill of the
party failing to comply with the water conservation plan or
emergency water use restrictions. [1996 c 230 § 325; 1991
c 82 § 7.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.08.180 Sewer, drainage, and water connections
without district permission—Penalties. It is unlawful and
a misdemeanor to make, or cause to be made, or to maintain
any connection with any sewer, drainage, or water system of
any district, or with any sewer, drainage, or water system
which is connected directly or indirectly with any sewer,
drainage, or water system of any district without having
permission from the district. [1999 c 153 § 14; 1996 c 230
§ 322; 1995 c 376 § 15; 1991 c 190 § 5.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Findings—1995 c 376: See note following RCW 70.116.060.
[Title 57 RCW—page 18]
Chapter 57.12
OFFICERS AND ELECTIONS
Sections
57.12.010 Commissioners—President and secretary—Compensation.
57.12.015 Increase in number of commissioners.
57.12.017 Decrease in number of commissioners.
57.12.020 Vacancies.
57.12.030 Commissioners—Terms.
57.12.039 Commissioner districts.
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29.70.100.
57.12.010 Commissioners—President and secretary—Compensation. The governing body of a district
shall be a board of commissioners consisting of three
members, or five or seven members as provided in RCW
57.12.015. The board shall annually elect one of its members as president and another as secretary.
The board shall by resolution adopt rules governing the
transaction of its business and shall adopt an official seal.
All proceedings shall be by resolution recorded in a book
kept for that purpose which shall be a public record.
A district shall provide by resolution for the payment of
compensation to each of its commissioners at a rate of
seventy dollars for each day or portion thereof devoted to the
business of the district. However the compensation for each
commissioner shall not exceed six thousand seven hundred
twenty dollars per year. In addition, the secretary may be
paid a reasonable sum for clerical services.
Any commissioner may waive all or any portion of his
or her compensation payable under this section as to any
month or months during the commissioner’s term of office,
by a written waiver filed with the district at any time after
the commissioner’s election and prior to the date on which
the compensation would otherwise be paid. The waiver shall
specify the month or period of months for which it is made.
No commissioner shall be employed full time by the
district. A commissioner shall be reimbursed for reasonable
expenses actually incurred in connection with district
business, including subsistence and lodging while away from
the commissioner’s place of residence and mileage for use
of a privately-owned vehicle at the mileage rate authorized
in RCW 43.03.060. [2001 c 63 § 1; 1998 c 121 § 5; 1996
c 230 § 401; 1985 c 330 § 6; 1980 c 92 § 2; 1975 1st ex.s.
c 116 § 1; 1969 ex.s. c 148 § 8; 1959 c 108 § 5; 1959 c 18
§ 1; 1945 c 50 § 2; 1929 c 114 § 7; Rem. Supp. 1945 §
11585. Cf. 1913 c 161 § 7.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Severability—1969 ex.s. c 148: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 ex.s. c 148 § 9.]
57.12.015 Increase in number of commissioners. (1)
In the event a three-member board of commissioners of any
district with any number of customers determines by resolution that it would be in the best interest of the district to increase the number of commissioners from three to five, or if
the board of a district with any number of customers is
(2002 Ed.)
Officers and Elections
presented with a petition signed by ten percent of the
registered voters resident within the district who voted in the
last general municipal election calling for an increase in the
number of commissioners of the district, the board shall
submit a resolution to the county auditor requesting that an
election be held. Upon receipt of the resolution, the county
auditor shall call a special election to be held within the
district, at which election a proposition in substantially the
following language shall be submitted to the voters:
Shall the Board of Commissioners of
(name
and/or number of district) be increased from
three to five members?
Yes . . . . .
No . . . . .
If the proposition receives a majority approval at the election
the board of commissioners of the district shall be increased
to five members.
(2) In any district with more than ten thousand customers, if a three-member board of commissioners determines by
resolution that it would be in the best interest of the district
to increase the number of commissioners from three to five,
the number of commissioners shall be so increased without
an election, unless within ninety days of adoption of that
resolution a petition requesting an election and signed by at
least ten percent of the registered voters who voted in the
last municipal general election is filed with the board. If
such a petition is received, the board shall submit the
resolution and the petition to the county auditor, who shall
call a special election in the manner described in this section.
(3)(a) In any district with more than twenty-five
thousand customers, if a five-member board of commissioners determines by resolution that it would be in the best
interest of the district to increase the number of commissioners from five to seven, the number of commissioners may be
so increased without an election, unless within ninety days
of adoption of that resolution a petition requesting an
election and signed by at least ten percent of the registered
voters who voted in the last municipal general election is
filed with the board. If such a petition is received, the board
shall submit the resolution and the petition to the county
auditor, who shall call a special election in the manner
described in this section.
(b) In the event a five-member board of commissioners
of any district with more than twenty-five thousand customers determines by resolution that it would be in the best
interest of the district to increase the number of commissioners from five to seven, the board may submit a resolution to
the county auditor requesting that an election be held. Upon
receipt of the resolution, the county auditor shall call a
special election to be held within the district, at which
election a proposition in substantially the following language
shall be submitted to the voters:
Shall the Board of Commissioners of
(name
and/or number of district) be increased from five
to seven members?
Yes . . . . .
No . . . . .
If the proposition receives a majority approval at the election
the board of commissioners of the district shall be increased
to seven members.
(2002 Ed.)
57.12.015
(4) The two additional positions created on boards of
commissioners by this section shall be filled initially as for
a vacancy, except that the appointees shall draw lots, one
appointee to serve until the next district general election after
the appointment, at which two commissioners shall be
elected for six-year terms, and the other appointee to serve
until the second district general election after the appointment, at which two commissioners shall be elected for sixyear terms. [2001 c 63 § 2; 1996 c 230 § 402; 1994 c 223
§ 67; 1991 c 190 § 6; 1990 c 259 § 29; 1987 c 449 § 12.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.12.017 Decrease in number of commissioners.
(1) Except as provided in RCW 52.14.020, in the event a
five-member or seven-member board of commissioners of
any district determines by resolution that it would be in the
best interest of the district to decrease the number of
commissioners from five to three, or from seven to five, or
in the event the board is presented with a petition signed by
ten percent of the registered voters resident within the
district who voted in the last general municipal election
calling for such a decrease in the number of commissioners
of the district, the board shall submit a resolution to the
county auditor. Upon receipt of the resolution, the county
auditor shall call a special election to be held within the
district at which election the following proposition shall be
submitted to the voters substantially as follows:
Shall the board of commissioners of (name and/or
number of district) be decreased from (five/seven) members
to (three/five) members?
Yes . . .
No . . .
If the district has commissioner districts, the commissioners of the district must pass a resolution, before the
submission of the proposition to the voters, to either redistrict from five commissioner districts to three commissioner
districts, or from seven commissioner districts to five
commissioner districts, or eliminate the commissioner
districts. The resolution takes effect upon approval of the
proposition by the voters.
If the proposition receives a majority approval at the
election, the board of commissioners of the district shall be
decreased to three or five members.
(2) The number of members on the board of the district
shall be reduced by one whenever a commissioner resigns
from office or a vacancy otherwise occurs on the board, until
the number of remaining members is reduced to the number
of members that is chosen for the board eventually to have.
The reduction of membership on the board shall not be
considered to be a vacancy that is to be filled until the
number of remaining members is less than the number of
members on the board that is chosen for the board eventually
to have.
(3) At the next three district general elections after the
reduction is approved, the number of commissioners for the
district that are elected shall be as follows, notwithstanding
the number of commissioners whose terms expire:
(a) In the first election after the reduction, only one
position shall be filled.
[Title 57 RCW—page 19]
57.12.017
Title 57 RCW: Water-Sewer Districts
(b) In the second election, one position shall be filled.
Thereafter, the commissioners shall be elected in the
same manner as prescribed for such districts of the state.
[2001 c 63 § 3.]
accordance with RCW 29.04.170. [1996 c 230 § 403; 1994
c 223 § 69; 1982 1st ex.s. c 17 § 14; 1979 ex.s. c 126 § 39;
1959 c 18 § 4. Prior: 1947 c 216 § 1; 1945 c 50 § 1; 1931
c 72 § 1; 1929 c 114 § 6; Rem. Supp. 1947 § 11584. Cf.
1913 c 161 § 7.]
57.12.020 Vacancies. A vacancy on the board shall
occur and shall be filled as provided in chapter 42.12 RCW.
In addition, if a commissioner is absent from three consecutive scheduled meetings unless by permission of the board,
the office may be declared vacant. However, such an action
shall not be taken unless the commissioner is notified by
mail after two consecutive unexcused absences that the
position will be declared vacant if the commissioner is
absent without being excused from the next regularly
scheduled meeting. [1996 c 230 § 405; 1994 c 223 § 68;
1990 c 259 § 30; 1985 c 141 § 7; 1981 c 169 § 1; 1975 1st
ex.s. c 188 § 14; 1959 c 18 § 3. Prior: 1953 c 251 § 4;
1947 c 216 § 1, part; 1945 c 50 § 1, part; 1931 c 72 § 1,
part; 1929 c 114 § 6, part; Rem. Supp. 1947 § 11584, part.
Cf. 1913 c 161 § 7, part.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
Terms and compensation of county and district officers: State Constitution
Art. 11 § 5.
Time of holding election for district officers: State Constitution Art. 6 § 8.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Severability—1975 1st ex.s. c 188: See RCW 36.94.921.
57.12.030 Commissioners—Terms. Except as in this
section otherwise provided, the term of office of each district
commissioner shall be six years, such term to be computed
from the first day of January following the election, and
commissioners shall serve until their successors are elected
and qualified and assume office in accordance with RCW
29.04.170.
Three initial district commissioners shall be elected at
the same election at which the proposition is submitted to
the voters as to whether such district shall be formed. The
election of initial district commissioners shall be null and
void if the ballot proposition to form the district is not
approved. Each candidate shall run for one of three separate
commissioner positions. A special filing period shall be
opened as provided in RCW 29.15.170 and 29.15.180. The
person receiving the greatest number of votes for each
position shall be elected to that position.
The initial district commissioners shall assume office
immediately when they are elected and qualified. Staggering
of the terms of office for the initial district commissioners
shall be accomplished as follows: (1) The person who is
elected receiving the greatest number of votes shall be
elected to a six-year term of office if the election is held in
an odd-numbered year or a five-year term of office if the
election is held in an even-numbered year; (2) the person
who is elected receiving the next greatest number of votes
shall be elected to a four-year term of office if the election
is held in an odd-numbered year or a three-year term of
office if the election is held in an even-numbered year; and
(3) the other person who is elected shall be elected to a twoyear term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held
in an even-numbered year. The terms of office shall be
calculated from the first day of January after the election.
Thereafter, commissioners shall be elected to six-year
terms of office. Commissioners shall serve until their
successors are elected and qualified and assume office in
[Title 57 RCW—page 20]
57.12.039 Commissioner districts. (1) Notwithstanding RCW 57.12.020 and 57.12.030, the board of commissioners may provide by majority vote that subsequent commissioners be elected from commissioner districts within the
district. If the board exercises this option, it shall divide the
district into three, five, or seven if the number of commissioners has been increased under RCW 57.12.015, commissioner districts of approximately equal population following
current precinct and district boundaries.
(2) Commissioner districts shall be used as follows: (a)
Only a registered voter who resides in a commissioner
district may be a candidate for, or serve as, a commissioner
of the commissioner district; and (b) only voters of a
commissioner district may vote at a primary to nominate
candidates for a commissioner of the commissioner district.
Voters of the entire district may vote at a general election to
elect a person as a commissioner of the commissioner
district. Commissioner districts shall be redrawn as provided
in chapter 29.70 RCW.
(3) In districts in which commissioners are nominated
from commissioner districts, at the inception of a fivemember or a seven-member board of commissioners, the
new commissioner districts shall be numbered one through
five or one through seven and the incumbent commissioners
shall represent up to five commissioner districts depending
on the amount of commissioners. If, as a result of redrawing the district boundaries two or three of the incumbent
commissioners reside in one of the new commissioner
districts, the commissioners who reside in the same commissioner district shall determine by lot which of the first three
or five numbered commissioner districts they shall represent
for the remainder of their respective terms. A primary shall
be held to nominate candidates from the remaining districts
where necessary and commissioners shall be elected at large
at the general election. The persons elected as commissioners from the remaining commissioner districts shall take
office immediately after qualification as defined under RCW
29.01.135. [2001 c 63 § 4; 1996 c 230 § 404; 1994 c 223
§ 70; 1986 c 41 § 2.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
(2002 Ed.)
Comprehensive Plan—Local Improvement Districts
Chapter 57.16
COMPREHENSIVE PLAN—LOCAL
IMPROVEMENT DISTRICTS
Sections
57.16.010
General comprehensive plan of improvements—Approval of
engineer, director of health, and city, town, or county—
Amendments.
57.16.015 Expenditures before plan adopted and approved.
57.16.045 Additions and betterments—Annexed areas.
57.16.050 Districts authorized—Special assessments—Bonds.
57.16.060 Resolution or petition to form district—Procedure—Written
protest—Notice.
57.16.062 Hearing—Improvement ordered—Divestment of power to
order—Notice—Appeal—Assessment roll.
57.16.065 Notice must contain statement that assessments may vary
from estimates.
57.16.070 Hearing on assessment roll—Notice.
57.16.073 Sanitary sewer and potable water facilities—Notice to certain property owners.
57.16.075 Exemption of farm and agricultural land from special benefit
assessments.
57.16.080 Enlarged district.
57.16.090 Review.
57.16.100 Conclusiveness of roll—Correction of errors.
57.16.110 Segregation of assessment—Procedure.
57.16.120 Acquisition of property subject to local improvement assessments—Payment.
57.16.140 Excess sewer capacity or water supply not grounds for zoning decision challenge.
57.16.150 Foreclosure of assessments—Attorneys’ fees.
57.16.160 Review of sewer general comprehensive plan—Time limitations—Notice of rejection of plan or extension of
timeline.
Deferral of special assessments: Chapter 84.38 RCW.
Local improvements, supplemental authority: Chapter 35.51 RCW.
57.16.010 General comprehensive plan of improvements—Approval of engineer, director of health, and
city, town, or county—Amendments. Before ordering any
improvements or submitting to vote any proposition for
incurring any indebtedness, the district commissioners shall
adopt a general comprehensive plan for the type or types of
facilities the district proposes to provide. A district may
prepare a separate general comprehensive plan for each of
these services and other services that districts are permitted
to provide, or the district may combine any or all of its
comprehensive plans into a single general comprehensive
plan.
(1) For a general comprehensive plan of a water supply
system, the commissioners shall investigate the several
portions and sections of the district for the purpose of
determining the present and reasonably foreseeable future
needs thereof; shall examine and investigate, determine, and
select a water supply or water supplies for such district
suitable and adequate for present and reasonably foreseeable
future needs thereof; and shall consider and determine a
general system or plan for acquiring such water supply or
water supplies, and the lands, waters, and water rights and
easements necessary therefor, and for retaining and storing
any such waters, and erecting dams, reservoirs, aqueducts,
and pipe lines to convey the same throughout such district.
There may be included as part of the system the installation
of fire hydrants at suitable places throughout the district.
The commissioners shall determine a general comprehensive
plan for distributing such water throughout such portion of
the district as may then reasonably be served by means of
(2002 Ed.)
Chapter 57.16
subsidiary aqueducts and pipe lines, and a long-term plan for
financing the planned projects and the method of distributing
the cost and expense thereof, including the creation of local
improvement districts or utility local improvement districts,
and shall determine whether the whole or part of the cost
and expenses shall be paid from revenue or general obligation bonds.
(2) For a general comprehensive plan for a sewer
system, the commissioners shall investigate all portions and
sections of the district and select a general comprehensive
plan for a sewer system for the district suitable and adequate
for present and reasonably foreseeable future needs thereof.
The general comprehensive plan shall provide for treatment
plants and other methods and services, if any, for the
prevention, control, and reduction of water pollution and for
the treatment and disposal of sewage and industrial and other
liquid wastes now produced or which may reasonably be
expected to be produced within the district and shall, for
such portions of the district as may then reasonably be
served, provide for the acquisition or construction and
installation of laterals, trunk sewers, intercepting sewers,
syphons, pumping stations or other sewage collection
facilities, septic tanks, septic tank systems or drainfields, and
systems for the transmission and treatment of wastewater.
The general comprehensive plan shall provide a long-term
plan for financing the planned projects and the method of
distributing the cost and expense of the sewer system and
services, including the creation of local improvement districts
or utility local improvement districts; and provide whether
the whole or some part of the cost and expenses shall be
paid from revenue or general obligation bonds.
(3) For a general comprehensive plan for a drainage
system, the commissioners shall investigate all portions and
sections of the district and adopt a general comprehensive
plan for a drainage system for the district suitable and
adequate for present and future needs thereof. The general
comprehensive plan shall provide for a system to collect,
treat, and dispose of storm water or surface waters, including
use of natural systems and the construction or provision of
culverts, storm water pipes, ponds, and other systems. The
general comprehensive plan shall provide for a long-term
plan for financing the planned projects and provide for a
method of distributing the cost and expense of the drainage
system, including local improvement districts or utility local
improvement districts, and provide whether the whole or
some part of the cost and expenses shall be paid from
revenue or general obligation bonds.
(4) For a general comprehensive plan for street lighting,
the commissioners shall investigate all portions and sections
of the district and adopt a general comprehensive plan for
street lighting for the district suitable and adequate for
present and future needs thereof. The general comprehensive plan shall provide for a system or systems of street
lighting, provide for a long-term plan for financing the
planned projects, and provide for a method of distributing
the cost and expense of the street lighting system, including
local improvement districts or utility local improvement
districts, and provide whether the whole or some part of the
cost and expenses shall be paid from revenue or general
obligation bonds.
[Title 57 RCW—page 21]
57.16.010
Title 57 RCW: Water-Sewer Districts
(5) The commissioners may employ such engineering
and legal service as in their discretion is necessary in
carrying out their duties.
(6) Any general comprehensive plan or plans shall be
adopted by resolution and submitted to an engineer designated by the legislative authority of the county in which fiftyone percent or more of the area of the district is located, and
to the director of health of the county in which the district
or any portion thereof is located, and must be approved in
writing by the engineer and director of health, except that a
comprehensive plan relating to street lighting shall not be
submitted to or approved by the director of health. The
general comprehensive plan shall be approved, conditionally
approved, or rejected by the director of health and by the
designated engineer within sixty days of their respective
receipt of the plan. However, this sixty-day time limitation
may be extended by the director of health or engineer for up
to an additional sixty days if sufficient time is not available
to review adequately the general comprehensive plans.
Before becoming effective, the general comprehensive
plan shall also be submitted to, and approved by resolution
of, the legislative authority of every county within whose
boundaries all or a portion of the district lies. The general
comprehensive plan shall be approved, conditionally approved, or rejected by each of the county legislative authorities pursuant to the criteria in RCW 57.02.040 for approving
the formation, reorganization, annexation, consolidation, or
merger of districts. The resolution, ordinance, or motion of
the legislative body that rejects the comprehensive plan or a
part thereof shall specifically state in what particular the
comprehensive plan or part thereof rejected fails to meet
these criteria. The general comprehensive plan shall not provide for the extension or location of facilities that are
inconsistent with the requirements of RCW 36.70A.110.
Nothing in this chapter shall preclude a county from rejecting a proposed plan because it is in conflict with the criteria
in RCW 57.02.040. Each general comprehensive plan shall
be deemed approved if the county legislative authority fails
to reject or conditionally approve the plan within ninety days
of the plan’s submission to the county legislative authority
or within thirty days of a hearing on the plan when the
hearing is held within ninety days of submission to the
county legislative authority. However, a county legislative
authority may extend this ninety-day time limitation by up
to an additional ninety days where a finding is made that
ninety days is insufficient to review adequately the general
comprehensive plan. In addition, the commissioners and the
county legislative authority may mutually agree to an
extension of the deadlines in this section.
If the district includes portions or all of one or more
cities or towns, the general comprehensive plan shall be
submitted also to, and approved by resolution of, the
legislative authorities of the cities and towns before becoming effective. The general comprehensive plan shall be
deemed approved by the city or town legislative authority if
the city or town legislative authority fails to reject or
conditionally approve the plan within ninety days of the
plan’s submission to the city or town or within thirty days of
a hearing on the plan when the hearing is held within ninety
days of submission to the county legislative authority.
However, a city or town legislative authority may extend this
time limitation by up to an additional ninety days where a
[Title 57 RCW—page 22]
finding is made that insufficient time exists to adequately
review the general comprehensive plan within these time
limitations. In addition, the commissioners and the city or
town legislative authority may mutually agree to an extension of the deadlines in this section.
Before becoming effective, the general comprehensive
plan shall be approved by any state agency whose approval
may be required by applicable law. Before becoming effective, any amendment to, alteration of, or addition to, a
general comprehensive plan shall also be subject to such
approval as if it were a new general comprehensive plan.
However, only if the amendment, alteration, or addition
affects a particular city or town, shall the amendment,
alteration, or addition be subject to approval by such
particular city or town governing body. [1997 c 447 § 18;
1996 c 230 § 501; 1990 1st ex.s. c 17 § 35; 1989 c 389 §
10; 1982 c 213 § 2; 1979 c 23 § 2; 1977 ex.s. c 299 § 3;
1959 c 108 § 6; 1959 c 18 § 6. Prior: 1939 c 128 § 2, part;
1937 c 177 § 1; 1929 c 114 § 10, part; RRS § 11588. Cf.
1913 c 161 § 10.]
Finding—Purpose—1997 c 447: See note following RCW
70.05.074.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
57.16.015 Expenditures before plan adopted and
approved. No expenditure for carrying on any part of a
general comprehensive plan shall be made other than the
necessary salaries of engineers, clerical, office expenses, and
other professional expenses of the district, and the cost of
engineering, surveying, preparation, and collection of data
necessary for making and adopting a general plan of improvements in the district, until the general comprehensive
plan of improvements has been adopted by the commissioners and approved as provided in RCW 57.16.010. [1996 c
230 § 502; 1953 c 250 § 5; 1941 c 210 § 12; Rem. Supp.
1941 § 9425-21. Formerly RCW 56.08.030.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.16.045 Additions and betterments—Annexed
areas. Whenever an area has been annexed to a district
after the adoption of a general comprehensive plan, the
commissioners shall adopt by resolution a plan for additions
and betterments to the original comprehensive plan to
provide for the needs of the area annexed. [1996 c 230 §
503.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.16.050 Districts authorized—Special assessments—Bonds. (1) A district may establish local improvement districts within its territory; levy special assessments
and allow annual installments on the special assessments,
together with interest thereon, extending over a period not
exceeding twenty years, on all property specially benefited
by a local improvement, on the basis of special benefits to
pay in whole or in part the damage or costs of any improvements ordered in the district; and issue local improvement
bonds in the local improvement district to be repaid by the
(2002 Ed.)
Comprehensive Plan—Local Improvement Districts
collection of special assessments. The bonds may be of any
form, including bearer bonds or registered bonds as provided
in RCW 39.46.030. The levying, collection, and enforcement of special assessments and the issuance of bonds shall
be as provided for the levying, collection, and enforcement
of special assessments and the issuance of local improvement
district bonds by cities and towns insofar as is consistent
with this title. The duties devolving upon the city or town
treasurer are imposed upon the county treasurer of the
county in which the real property is located for the purposes
hereof. The mode of assessment shall be determined by the
commissioners by resolution.
(2) A district may establish a utility local improvement
district, in lieu of a local improvement district, if the petition
or resolution for establishing the local improvement district,
and the approved comprehensive plan or approved amendment thereto or plan providing for additions and betterments
to the original plan, previously adopted, provides that, except
as set forth in this section, the special assessments shall be
for the purpose of payment of improvements and payment
into the revenue bond fund for the payment of revenue
bonds. No warrants or bonds shall be issued in a utility
local improvement district, but the collection of interest and
principal on all special assessments in the utility local
improvement district shall be paid into the revenue bond
fund, except that special assessments paid before the issuance and sale of bonds may be deposited in a fund for the
payment of costs of improvements in the utility local
improvement district. Revenue bonds shall be issued using
the procedures by which cities and towns issue revenue
bonds, insofar as is consistent with this title.
Such revenue bonds may also be issued and sold in
accordance with chapter 39.46 RCW. [1996 c 230 § 601;
1987 c 169 § 2; 1983 c 167 § 161; 1982 1st ex.s. c 17 § 15;
1953 c 251 § 13; 1939 c 128 § 1; 1929 c 114 § 9; RRS §
11587. Cf. 1913 c 161 § 9.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Assessments and charges against state lands: Chapter 79.44 RCW.
Local improvement bonds: Chapter 35.45 RCW.
57.16.060 Resolution or petition to form district—
Procedure—Written protest—Notice. Local improvement
districts or utility local improvement districts to carry out the
whole or any portion of the general comprehensive plan of
improvements or plan providing for additions and
betterments to an original general comprehensive plan
previously adopted may be initiated either by resolution of
the board of commissioners or by petition signed by the
owners according to the records of the office of the applicable county auditor of at least fifty-one percent of the area of
the land within the limits of the improvement district to be
created.
In case the board of commissioners desires to initiate
the formation of an improvement district by resolution, it
first shall pass a resolution declaring its intention to order
the improvement, setting forth the nature and territorial
extent of such proposed improvement, designating the
number of the proposed improvement district, and describing
the boundaries thereof, stating the estimated cost and
(2002 Ed.)
57.16.050
expense of the improvement and the proportionate amount
thereof which will be borne by the property within the
proposed improvement district, and fixing a date, time, and
place for a public hearing on the formation of the proposed
improvement district.
In case any such improvement district is initiated by
petition, the petition shall set forth the nature and territorial
extent of the proposed improvement requested to be ordered
and the fact that the signers thereof are the owners according
to the records of the applicable county auditor of at least
fifty-one percent of the area of land within the limits of the
improvement district to be created. Upon the filing of such
petition the board shall determine whether the petition is
sufficient, and the board’s determination thereof shall be
conclusive upon all persons. No person may withdraw his
or her name from the petition after it has been filed with the
board of commissioners. If the board finds the petition to be
sufficient, it shall proceed to adopt a resolution declaring its
intention to order the improvement petitioned for, setting
forth the nature and territorial extent of the improvement,
designating the number of the proposed improvement district
and describing the boundaries thereof, stating the estimated
cost and expense of the improvement and the proportionate
amount thereof which will be borne by the property within
the proposed improvement district, and fixing a date, time,
and place for a public hearing on the formation of the
proposed improvement district.
Notice of the adoption of the resolution of intention,
whether the resolution was adopted on the initiative of the
board or pursuant to a petition of the property owners, shall
be published in at least two consecutive issues of a newspaper of general circulation in the proposed improvement
district, the date of the first publication to be at least fifteen
days prior to the date fixed by such resolution for hearing
before the board of commissioners. Notice of the adoption
of the resolution of intention shall also be given each owner
or reputed owner of any lot, tract, parcel of land, or other
property within the proposed improvement district by
mailing the notice at least fifteen days before the date fixed
for the public hearing to the owner or reputed owner of the
property as shown on the tax rolls of the county treasurer of
the county in which the real property is located at the
address shown thereon. Whenever such notices are mailed,
the commissioners shall maintain a list of the reputed
property owners, which list shall be kept on file at a location
within the district and shall be made available for public
perusal. The notices shall refer to the resolution of intention
and designate the proposed improvement district by number.
The notices also shall set forth the nature of the proposed
improvement, the total estimated cost, the proportion of total
cost to be borne by assessments, and the date, time, and
place of the hearing before the board of commissioners. In
the case of improvements initiated by resolution, the notice
also shall: (1) State that all persons desiring to object to the
formation of the proposed district must file their written
protests with the secretary of the board of commissioners no
later than ten days after the public hearing; (2) state that if
owners of at least forty percent of the area of land within the
proposed improvement district file written protests with the
secretary of the board, the power of the commissioners to
proceed with the creation of the proposed improvement
district shall be divested; (3) provide the name and address
[Title 57 RCW—page 23]
57.16.060
Title 57 RCW: Water-Sewer Districts
of the secretary of the board; and (4) state the hours and
location within the district where the names of the property
owners within the proposed improvement district are kept
available for public perusal. In the case of the notice given
each owner or reputed owner by mail, the notice shall set
forth the estimated amount of the cost and expense of such
improvement to be borne by the particular lot, tract, parcel
of land, or other property. [1999 c 153 § 15; 1996 c 230 §
602; 1991 c 190 § 7; 1986 c 256 § 3; 1982 1st ex.s. c 17 §
16; 1977 ex.s. c 299 § 7; 1965 ex.s. c 39 § 1; 1959 c 18 §
11. Prior: 1953 c 251 § 14; 1929 c 114 § 12, part; RRS §
11590, part. Cf. 1913 c 161 § 12, part.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.16.062 Hearing—Improvement ordered—
Divestment of power to order—Notice—Appeal—
Assessment roll. Whether an improvement district is
initiated by petition or resolution, the board shall conduct a
public hearing at the time and place designated in the notice
to property owners. At this hearing the board shall hear
objections from any person affected by the formation of the
improvement district and may make such changes in the
boundaries of the improvement district or such modifications
in the plans for the proposed improvement as shall be
deemed necessary. The board may not change the boundaries of the improvement district to include property not previously included in it without first passing a new resolution
of intention and giving a new notice to property owners in
the manner and form and within the time provided in this
chapter for the original notice.
After the hearing and the expiration of the ten-day
period for filing protests, the commissioners shall have
jurisdiction to overrule protests and proceed with any such
improvement district initiated by petition or resolution. The
jurisdiction of the commissioners to proceed with any
improvement district initiated by resolution shall be divested
by protests filed with the secretary of the board within ten
days after the public hearing, signed by the owners, according to the records of the applicable county auditor, of at least
forty percent of the area of land within the proposed improvement district.
If the commissioners find that the improvement district
should be formed, they shall by resolution form the improvement district and order the improvement. After execution of
the resolution forming the improvement district, the secretary
of the board of commissioners shall publish, in a legal publication that serves the area subject to the improvement
district, a notice setting forth that a resolution has been
passed forming the improvement district and that a lawsuit
challenging the jurisdiction or authority of the district to
proceed with the improvement and creating the improvement
district must be filed, and notice to the district served, within
thirty days of the publication of the notice. The notice shall
set forth the nature of the appeal. Property owners bringing
the appeal shall follow the procedures set forth under RCW
57.16.090. Whenever a resolution forming an improvement
district has been adopted, the formation is conclusive in all
things upon all parties, and cannot be contested or questioned in any manner in any proceeding whatsoever by any
[Title 57 RCW—page 24]
person not commencing a lawsuit in the manner and within
the time provided in this section, except for lawsuits made
under RCW 57.16.090.
Following an appeal, if it is unsuccessful or if no appeal
is made under RCW 57.16.090, the commissioners may
proceed with creating the improvement district, provide the
improvement and provide the general funds of the district to
be applied thereto, adopt detailed plans of the improvement
district and declare the estimated cost thereof, acquire all
necessary land therefor, pay all damages caused thereby, and
commence in the name of the district such eminent domain
proceedings as may be necessary to entitle the district to
proceed with the improvements. The board shall thereupon
proceed with the work and file with the county treasurer of
the county in which the real property is located its roll
levying special assessments in the amount to be paid by
special assessment against the property situated within the
improvement district in proportion to the special benefits to
be derived by the property therein from the improvements.
[1996 c 230 § 605; 1991 c 190 § 3; 1986 c 256 § 2; 1974
ex.s. c 58 § 6; 1971 ex.s. c 272 § 9; 1953 c 250 § 18; 1941
c 210 § 28; Rem. Supp. 1941 § 9425-37. Formerly RCW
56.20.030.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.16.065 Notice must contain statement that
assessments may vary from estimates. Notice given to the
public or to the owners of specific lots, tracts, or parcels of
land relating to the formation of an improvement district
shall contain a statement that actual assessments may vary
from assessment estimates so long as they do not exceed a
figure equal to the increased true and fair value the improvement adds to the property. [1996 c 230 § 604; 1989 c 243
§ 11.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.16.070 Hearing on assessment roll—Notice.
Before approval of the roll a notice shall be published once
a week for two consecutive weeks in a newspaper of general
circulation in the improvement district, stating that the roll
is on file and open to inspection in the office of the secretary, and fixing the time, not less than fifteen or more than
thirty days from the date of the first publication of the
notice, within which protests must be filed with the secretary
against any assessments shown thereon, and fixing a time
when a hearing will be held by the commissioners on the
protests. Notice shall also be given by mailing, at least
fifteen days before the hearing, a similar notice to the
owners or reputed owners of the land in the improvement
district as they appear on the books of the treasurer of the
county in which the real property is located. At the hearing,
or any adjournment thereof, the commissioners may correct,
change, or modify the roll, or any part thereof, or set aside
the roll and order a new assessment, and may then by
resolution approve it. If an assessment is raised a new
notice similar to the first shall be given, after which final
approval of the roll may be made. When property has been
entered originally upon the roll and the assessment thereon
is not raised, no objection thereto shall be considered by the
(2002 Ed.)
Comprehensive Plan—Local Improvement Districts
commissioners or by any court on appeal unless the objection is made in writing at, or prior to, the date fixed for the
original hearing upon the roll. [1996 c 230 § 606; 1982 1st
ex.s. c 17 § 17; 1959 c 18 § 12. Prior: 1953 c 251 § 15;
1929 c 114 § 12, part; RRS § 11590, part. Cf. 1913 c 161
§ 12, part.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.16.073 Sanitary sewer and potable water facilities—Notice to certain property owners. Whenever it is
proposed that an improvement district finance sanitary sewer
or potable water facilities, additional notice of the public
hearing on the proposed improvement district shall be mailed
to the owners of any property located outside of the proposed improvement district that would be required as a
condition of federal housing administration loan qualification, at the time of notice, to be connected to the specific
sewer or water facilities installed by the improvement district. The notice shall include information about this
restriction. [1996 c 230 § 603; 1987 c 315 § 6.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.16.075 Exemption of farm and agricultural land
from special benefit assessments. See RCW 84.34.300
through 84.34.380 and 84.34.922.
57.16.080 Enlarged district. If any portion of the
system after its installation is not adequate for the purpose
for which it was intended, or if for any reason changes,
alterations, or betterments are necessary in any portion of the
system after its installation, then an improvement district
with boundaries which may include one or more existing improvement districts may be created in the district in the same
manner as is provided herein for the creation of improvement districts. Upon the organization of such an improvement district, the plan of the improvement and the payment
of the cost of the improvement shall be carried out in the
same manner as is provided herein for the carrying out of
and the paying for the improvement in the improvement
districts previously provided for in this title. [1996 c 230 §
607; 1959 c 18 § 13. Prior: 1929 c 114 § 12, part; RRS §
11590, part. Cf. 1913 c 161 § 12.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.16.090 Review. The decision of the district board
of commissioners upon any objections made within the time
and in the manner herein prescribed may be reviewed by the
superior court upon an appeal thereto taken in the following
manner. The appeal shall be made by filing written notice
of appeal with the secretary of the board of commissioners
and with the clerk of the superior court in the county in
which the real property is situated within ten days after
publication of a notice that the resolution confirming such
assessment roll has been adopted, and such notice of appeal
shall describe the property and set forth the objections of
such appellant to such assessment. Within ten days from the
filing of such notice of appeal with the clerk of the superior
court, the appellant shall file with the clerk of the court a
(2002 Ed.)
57.16.070
transcript consisting of the assessment roll and the
appellant’s objections thereto, together with the resolution
confirming the assessment roll and the record of the district
commissioners with reference to the assessment. The
transcript, upon payment of the necessary fees therefor, shall
be furnished by the secretary of the board of commissioners
and shall be certified by the secretary to contain full, true,
and correct copies of all matters and proceedings required to
be included in such transcript. Such fees shall be the same
as the fees payable to the county clerk for the preparation
and certification of transcripts on appeal to the supreme
court or the court of appeals in civil actions. At the time of
the filing of the notice of appeal with the clerk of the
superior court, the appellant shall file a sufficient bond in the
penal sum of two hundred dollars, with at least two sureties,
to be approved by the judge of the court, conditioned to
prosecute such appeal without delay, and if unsuccessful to
pay all costs to which the district is put by reason of such
appeal. The court may order the appellant, upon application
therefor, to execute and file such additional bond or bonds
as the necessity of the case may require. Within three days
after such transcript is filed in the superior court, the
appellant shall give written notice to the secretary of the
district that such transcript is filed. The notice shall state a
time, not less than three days from the service thereof, when
the appellant will call up the cause for hearing. The superior
court shall, at such time or at such further time as may be
fixed by order of the court, hear and determine such appeal
without a jury. The appeal shall have preference over all
civil causes pending in the court, except eminent domain
proceedings and actions of forcible entry and detainer. The
judgment of the court shall confirm, unless the court shall
find from the evidence that such assessment is either
founded upon a fundamentally wrong basis or a decision of
the board of commissioners thereon was arbitrary or capricious, or both, in which event the judgment of the court shall
correct, modify, or annul the assessment insofar as it affects
the property of the appellant. A certified copy of the
decision of the court shall be filed with the officer who shall
have custody of the assessment roll, who shall modify and
correct the assessment roll in accordance with such decision.
Appellate review of the judgment of the superior court may
be sought as in other civil cases. However, the appeal must
be sought within fifteen days after the date of the entry of
the judgment of such superior court. A certified copy of the
order of the supreme court or the court of appeals upon such
appeal shall be filed with the officer having custody of the
assessment roll, who shall thereupon modify and correct the
assessment roll in accordance with the decision. [1996 c
230 § 609; 1991 c 190 § 8; 1988 c 202 § 53; 1982 1st ex.s.
c 17 § 18; 1971 c 81 § 126; 1965 ex.s. c 39 § 2; 1929 c 114
§ 13; RRS § 11591. Cf. 1913 c 161 § 13.]
Rules of court: Cf. RAP 5.2, 18.22.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Severability—1988 c 202: See note following RCW 2.24.050.
57.16.100 Conclusiveness of roll—Correction of
errors. (1) Whenever any assessment roll for local improvements shall have been confirmed by the district board of
commissioners, the regularity, validity, and correctness of the
[Title 57 RCW—page 25]
57.16.100
Title 57 RCW: Water-Sewer Districts
proceedings relating to the improvements, and to the assessment therefor, including the action of the district commissioners upon the assessment roll and the confirmation
thereof, shall be conclusive in all things upon all parties, and
cannot in any manner be contested or questioned in any
proceeding whatsoever by any person not filing written
objections to such roll in the manner and within the time
provided in this chapter, and not appealing from the action
of the commissioners in confirming such assessment roll in
the manner and within the time in this chapter provided. No
proceedings of any kind shall be commenced or prosecuted
for the purpose of defeating or contesting any such assessment, or the sale of property to pay such assessment, or any
certificate of delinquency issued therefor, or the foreclosure
of any lien issued therefor. However, this section shall not
be construed as prohibiting the bringing of injunction
proceedings to prevent the sale of any real estate upon the
grounds (a) that the property about to be sold does not
appear upon the assessment roll, or (b) that the assessment
had been paid.
(2) This section also shall not prohibit the correction of
clerical errors and errors in the computation of assessments
in assessment rolls by the following procedure:
(a) The board of commissioners may file a petition with
the superior court of the county wherein the real property is
located, asking that the court enter an order correcting such
errors and directing that the county treasurer pay a portion
or all of the incorrect assessment by the transfer of funds
from the district’s maintenance fund, if such relief be
necessary.
(b) Upon the filing of the petition, the court shall set a
date for hearing and upon the hearing may enter an order as
provided in (a) of this subsection. However, neither the
correcting order nor the corrected assessment roll shall result
in an increased assessment to the property owner. [1996 c
230 § 608; 1929 c 114 § 14; RRS § 11592. Cf. 1913 c 161
§ 14.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.16.110 Segregation of assessment—Procedure.
Whenever any land against which there has been levied any
special assessment by any district shall have been sold in
part or divided, the board of commissioners of the district
shall have the power to order a segregation of the assessment.
Any person desiring to have a special assessment
against a tract of land segregated to apply to smaller parts
thereof shall apply to the board of commissioners of the
district that levied the assessment. If the commissioners
determine that a segregation should be made, they shall by
resolution order the treasurer of the county in which the real
property is located to make segregation on the original
assessment roll as directed in the resolution. The segregation shall be made as nearly as possible on the same basis as
the original assessment was levied, and the total of the
segregated parts of the assessment shall equal the assessment
before segregation. The resolution shall describe the original
tract and the amount and date of the original assessment, and
shall define the boundaries of the divided parts and the
amount of the assessment chargeable to each part. A
certified copy of the resolution shall be delivered to the
[Title 57 RCW—page 26]
treasurer of the county in which the real property is located
who shall proceed to make the segregation. The board of
commissioners may require as a condition to the order of
segregation that the person seeking it pay the district the
reasonable engineering and clerical costs incident to making
the segregation. [1999 c 153 § 16; 1998 c 106 § 5; 1996 c
230 § 610; 1982 1st ex.s. c 17 § 19; 1953 c 251 § 23.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Segregation duties of county treasurer: RCW 36.29.160.
57.16.120 Acquisition of property subject to local
i m p r o v e m e n t a s s e s s m e n t s — P a y m e n t . See RCW
79.44.190.
57.16.140 Excess sewer capacity or water supply
not grounds for zoning decision challenge. The construction of or existence of sewer capacity or water supply in
excess of the needs of the density allowed by zoning shall
not be grounds for any legal challenge to any zoning
decision by the county. [1996 c 230 § 504; 1982 c 213 § 4.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.16.150 Foreclosure of assessments—Attorneys’
fees. Judgments foreclosing special assessments pursuant to
RCW 35.50.260 may also allow to districts, in addition to
delinquent installments, interest, penalties, and costs, such
attorneys’ fees as the court may adjudge reasonable. [1996
c 230 § 611; 1987 c 449 § 16.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.16.160 Review of sewer general comprehensive
plan—Time limitations—Notice of rejection of plan or
extension of timeline. For any new or revised sewer
general comprehensive plan submitted by a water-sewer
district for review under this chapter, the appropriate state
agency shall review and either approve, conditionally approve, reject, or request amendments within ninety days of
the receipt of the submission of the plan. The appropriate
state agency may extend this ninety-day time limitation for
new submittals by up to an additional ninety days if insufficient time exists to adequately review the general comprehensive plan. For rejections of plans or extensions of the
timeline, the appropriate state agency shall provide in writing
to the water-sewer district the reason for such action. In
addition, the governing body of the water-sewer district and
the appropriate state agency may mutually agree to an
extension of the deadlines contained in this section. [2002
c 161 § 2.]
Chapter 57.20
FINANCES
Sections
57.20.010
57.20.015
General obligation bonds—Term—Issuance—Excess bond
retirement levies.
Refunding general obligation bonds.
(2002 Ed.)
Finances
57.20.018 Revenue bonds authorized—Use.
57.20.0181 Additional revenue bonds for increased cost of improvements.
57.20.019 Additions and betterments.
57.20.020 Revenue bonds—Special fund.
57.20.023 Covenants to guarantee payment of revenue bonds—Bonds
payable from same source may be issued on parity.
57.20.025 Refunding revenue bonds.
57.20.027 Revenue warrants and revenue bond anticipation warrants.
57.20.030 Local improvement guaranty fund.
57.20.080 Guaranty fund—Subrogation of district as trustee.
57.20.090 Rights and remedies of bond owner.
57.20.105 Vote on general indebtedness.
57.20.110 Limitation of indebtedness.
57.20.120 Additional indebtedness—Ballot proposition.
57.20.130 Bonds—Payment of interest.
57.20.135 Treasurer—Designation—Approval—Powers and duties—
Bond.
57.20.140 Maintenance or general fund and special funds.
57.20.150 Maintenance or general fund and special funds—Use of
surplus in maintenance or general fund.
57.20.160 Maintenance or general fund and special funds—Deposits
and investments.
57.20.165 Deposit account requirements.
57.20.170 Maintenance or general fund and special funds—Loans from
maintenance or general funds to construction funds or
other funds.
Election to authorize revenue bonds: RCW 57.20.018.
57.20.010 General obligation bonds—Term—
Issuance—Excess bond retirement levies. When general
district indebtedness payable from annual tax levies to be
made in excess of the constitutional and/or statutory tax
limitations has been authorized, the district may issue its
general obligation bonds in payment thereof.
The bonds shall not have terms in excess of twenty
years and shall as nearly as practicable be issued for a period
which will not exceed the life of the improvement to be
acquired by the issuance of the bonds. The bonds shall be
issued and sold in accordance with chapter 39.46 RCW. The
election at which the voters are presented with a ballot
proposition authorizing both the bond issue and imposition
of excess bond retirement levies shall be held as provided in
RCW 39.36.050.
Whenever the proposition to issue such bonds and
impose such excess bond retirement levies has been approved, there shall be levied by the officers or governing
body charged with the duty of levying taxes, annual levies
in excess of the constitutional and/or statutory tax limitations
sufficient to meet the annual or semiannual payments of
principal and interest on the bonds upon all taxable property
within the district. [1984 c 186 § 53; 1983 c 167 § 162;
1973 1st ex.s. c 195 § 71; 1970 ex.s. c 56 § 83; 1969 ex.s.
c 232 § 87; 1953 c 251 § 12; 1951 2nd ex.s. c 25 § 3; 1931
c 72 § 2; 1929 c 114 § 11; RRS § 11589. Cf. 1913 c 161
§ 11.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
(2002 Ed.)
Chapter 57.20
57.20.015 Refunding general obligation bonds. (1)
The board of commissioners of any district may by resolution, without submitting the matter to the voters of the
district, provide for the issuance of refunding general
obligation bonds to refund any outstanding general obligation
bonds, or any part thereof, at maturity thereof, or before the
maturity thereof if they are subject to call for prior redemption or all of the owners thereof consent thereto. Refunding
bonds may be combined with an issue of bonds for other
district purposes, as long as those other bonds are approved
in accordance with applicable law.
(2) The total cost to the district over the life of the refunding bonds or refunding portion of an issue of bonds
shall not exceed the total cost to the district which the
district would have incurred but for such refunding over the
remainder of the life of the bonds to be refunded thereby.
(3) The refunding bonds may be exchanged for the
bonds to be refunded thereby, or may be sold in such
manner as the board of commissioners deems to be for the
best interest of the district, and the proceeds of such sale
used exclusively for the purpose of paying, retiring, and
canceling the bonds to be refunded and interest thereon.
Such bonds may be of any form, including bearer bonds or
registered bonds as provided in RCW 39.46.030. [1996 c
230 § 702; 1984 c 186 § 54; 1983 c 167 § 163; 1973 1st
ex.s. c 195 § 72; 1953 c 251 § 16.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Election to authorize revenue bonds: RCW 57.20.018.
57.20.018 Revenue bonds authorized—Use. (1) The
commissioners may, without submitting a proposition to the
voters, authorize by resolution the district to issue revenue
bonds for the construction costs, interest during the period of
construction and six months thereafter, working capital or
other costs of the improvements described in any part or all
of a general comprehensive plan or plans, or for other
purposes or functions of a district authorized by statute. The
amount of the bonds to be issued shall be included in the
resolution.
(2) Any resolution authorizing the issuance of revenue
bonds may include provision for refunding any local improvement district bonds of a district, out of the proceeds of
sale of revenue bonds, and a district may pay off any
outstanding local improvement bonds with such funds either
by purchase in the open market below their par value and
accrued interest or by call at par value and accrued interest
at the next succeeding interest payment date. The bonds
may be in any form, including bearer bonds or registered
bonds as provided by RCW 39.46.030.
(3) Notwithstanding subsection (1) of this section,
district revenue bonds may be issued and sold in accordance
with chapter 39.46 RCW. [1996 c 230 § 703; 1987 c 449 §
14; 1983 c 167 § 160; 1977 ex.s. c 299 § 4; 1959 c 108 § 8;
1959 c 18 § 8. Prior: 1953 c 251 § 6; 1951 c 112 § 1;
1939 c 128 § 2, part; 1937 c 177 § 1, part; 1929 c 114 § 10,
[Title 57 RCW—page 27]
57.20.018
Title 57 RCW: Water-Sewer Districts
part; RRS § 11588, part. Cf. 1913 c 161 § 10, part.
Formerly RCW 57.16.030.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
57.20.0181 Additional revenue bonds for increased
cost of improvements. Whenever a district shall have
adopted a general comprehensive plan and bonds to defray
the cost thereof shall have been authorized by resolution of
the board of commissioners, and before the completion of
the improvements the board of commissioners shall find by
resolution that the authorized bonds are not sufficient to
defray the cost of such improvements due to the increase of
costs of construction subsequent to the adoption of the plan,
the board of commissioners may by resolution authorize the
issuance and sale of additional revenue bonds for such
purpose in excess of those previously issued. [1996 c 230
§ 704; 1977 ex.s. c 299 § 5; 1959 c 108 § 10. Formerly
RCW 57.16.035.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.20.019 Additions and betterments. In the same
manner as provided for the adoption of an original general
comprehensive plan, a plan providing for additions and
betterments to the original general comprehensive plan may
be adopted. Without limiting its generality "additions and
betterments" shall include any necessary change in, amendment of, or addition to the general comprehensive plan.
The district may incur a general indebtedness payable
from annual tax levies to be made in excess of the constitutional tax limitation for the construction of the additions and
betterments in the same way that general indebtedness may
be incurred for the construction of the original general
comprehensive plan after submission to the voters of the
entire district in the manner the original proposition to incur
indebtedness was submitted as provided in RCW 57.20.105.
Upon ratification the additions and betterments may be
carried out by the commissioners to the extent specified or
referred to in the proposition to incur the general indebtedness.
The district may issue revenue bonds to pay for the
construction of the additions and the betterments pursuant to
resolution of the board of commissioners. [1996 c 230 §
705; 1984 c 186 § 52; 1977 ex.s. c 299 § 6; 1973 1st ex.s.
c 195 § 70; 1959 c 108 § 9; 1959 c 18 § 9. Prior: 1953 c
251 § 7; 1951 2nd ex.s. c 25 § 2; 1951 c 112 § 2; 1939 c
128 § 2, part; 1937 c 177 § 1, part; 1929 c 114 § 10, part;
RRS § 11588, part. Cf. 1913 c 161 § 10, part. Formerly
RCW 57.16.040.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
57.20.020 Revenue bonds—Special fund. (1) The
commissioners shall have power and are required to create
a special fund or funds for the sole purpose of paying the
interest and principal of revenue bonds into which special
[Title 57 RCW—page 28]
fund or funds the commissioners shall obligate and bind the
district to set aside and pay a fixed proportion of the gross
revenues of the water supply, sewer, or drainage system or
any fixed amount out of and not exceeding a fixed proportion of such revenues, or a fixed amount or amounts
without regard to any fixed proportion, and such bonds and
the interest thereof shall be payable only out of such special
fund or funds, and shall be a lien and charge against all
revenues and payments received from any utility local
improvement district or districts pledged to secure such
bonds, subject only to operating and maintenance expenses.
In creating any such special fund or funds the commissioners shall have due regard to the cost of operation and
maintenance of the plant or system as constructed or added
to and to any proportion or part of the revenue previously
pledged as a fund for the payment of bonds, warrants, or
other indebtedness, and shall not set aside into such special
fund a greater amount or proportion of the revenue and
proceeds than in their judgment will be available over and
above such cost of maintenance and operation and the
amount or proportion, if any, of the revenue so previously
pledged. Any such bonds and interest thereon issued against
any such fund as provided in this section shall be a valid
claim of the owner thereof only as against the special fund
and its fixed proportion or amount of the revenue pledged to
such fund, and shall not constitute an indebtedness of the
district within the meaning of the constitutional provisions
and limitations. Each such bond shall state upon its face that
it is payable from a special fund, naming the fund and the
resolution creating it. Such bonds shall be sold in such
manner, at such price, and at such rate or rates of interest as
the commissioners shall deem for the best interests of the
district, either at public or private sale, and the commissioners may provide in any contract for the construction and
acquirement of the proposed improvement (and for the
refunding of outstanding local improvement district obligations, if any) that payment therefor shall be made in such
bonds at par value thereof.
When any such special fund shall have been heretofore
or shall be hereafter created and any such bonds shall have
been heretofore or shall hereafter be issued against the same
a fixed proportion or a fixed amount out of and not to
exceed such fixed proportion, or a fixed amount or amounts
without regard to any fixed proportion, of revenue shall be
set aside and paid into the special fund as provided in the
resolution creating such fund or authorizing such bonds. In
case any district shall fail thus to set aside and pay the fixed
proportion or amount, the owner of any bond payable from
such special fund may bring suit or action against the district
and compel such setting aside and payment.
(2) Revenue bonds payable from a special fund may be
issued and sold in accordance with chapter 39.46 RCW.
[1996 c 230 § 706; 1991 c 347 § 20; 1983 c 167 § 164;
1975 1st ex.s. c 25 § 3; 1970 ex.s. c 56 § 84; 1969 ex.s. c
232 § 88; 1959 c 108 § 11; 1939 c 128 § 3; RRS §
11588-1.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Purposes—1991 c 347: See note following RCW 90.42.005.
Severability—1991 c 347: See RCW 90.42.900.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
(2002 Ed.)
Finances
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Authority to adjust or delay rates or charges for low-income persons: RCW
57.08.014.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
57.20.023 Covenants to guarantee payment of
revenue bonds—Bonds payable from same source may be
issued on parity. The board of commissioners may make
such covenants as it may deem necessary to secure and
guarantee the payment of the principal of and interest on
revenue bonds of the district, including but not being limited
to covenants for the establishment and maintenance of
adequate reserves to secure or guarantee the payment of such
principal and interest; the protection and disposition of the
proceeds of sale of such bonds; the use and disposition of
the gross revenues of the water supply system, sewer system,
or drainage system of the district and any additions or
betterments thereto or extensions thereof; the use and
disposition of any utility local improvement district assessments; the creation and maintenance of funds for renewals
and replacements of the system; the establishment and
maintenance of rates and charges adequate to pay principal
and interest of such bonds and to maintain adequate coverage over debt service; the maintenance, operation and
management of the system and the accounting, insuring and
auditing of the business in connection therewith; the terms
upon which such bonds or any of them may be redeemed at
the election of the district; limitations upon the right of the
district to dispose of its system or any part thereof; the
appointment of trustees, depositaries and paying agents to
receive, hold, disburse, invest and reinvest all or any part of
the proceeds of sale of the bonds and all or any part of the
income, revenue and receipts of the district, and the commissioners may make such other covenants as it may deem
necessary to accomplish the most advantageous sale of such
bonds. The board of commissioners may also provide that
revenue bonds payable out of the same source or sources
may later be issued on a parity with any revenue bonds
being issued and sold. [1996 c 230 § 707; 1959 c 108 §
12.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.20.025 Refunding revenue bonds. The board of
commissioners of any district may by resolution provide for
the issuance of refunding revenue bonds to refund outstanding general obligation bonds and/or revenue bonds, or
any part thereof, and/or all outstanding local improvement
district bonds, at maturity thereof, or before maturity thereof
if they are subject to call for prior redemption or all of the
holders thereof consent thereto. The total interest cost to the
district over the life of the refunding bonds shall not exceed
the total cost to the district which the district would have
incurred but for such refunding over the remainder of the life
of the bonds to be refunded thereby. The refunding bonds
may be exchanged for the bonds to be refunded thereby, or
may be sold in such manner as the board of commissioners
deems to be for the best interest of the district, and the pro(2002 Ed.)
57.20.020
ceeds used, except as hereinafter provided, exclusively for
the purpose of paying, retiring, and canceling the bonds to
be refunded and interest thereon.
All unpaid utility local improvement district assessments
payable into the revenue bond redemption fund established
for payment of the bonds to be refunded shall thereafter
when collected be paid into the revenue bond redemption
fund established for payment of the refunding revenue
bonds.
Whenever local improvement district bonds have been
refunded as provided by RCW 57.20.018, or pursuant to this
section, all local improvement district assessments remaining
unpaid shall thereafter when collected be paid into the
revenue bond redemption fund established for payment of
the refunding revenue bonds, and the cash balance, if any, in
the local improvement guaranty fund of the district and the
proceeds received from any other assets owned by such fund
shall be used in whole or in part as a reserve fund for the
refunding revenue bonds or be transferred in whole or in part
to any other funds of the district as the board of commissioners may determine. If any warrants are outstanding
against the local improvement guaranty fund of the district
at the time of the issuance of such refunding revenue bonds,
the bonds shall be issued in an amount sufficient also to
fund and pay such outstanding warrants.
The provisions of RCW 57.20.020 shall apply to the refunding revenue bonds issued under this title. [1996 c 230
§ 708; 1977 ex.s. c 299 § 8; 1959 c 108 § 13; 1953 c 251 §
17.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.20.027 Revenue warrants and revenue bond
anticipation warrants. Districts may also issue revenue
warrants and revenue bond anticipation warrants for the
same purposes for which such districts may issue revenue
bonds. The provisions of this chapter relating to the
authorization, terms, conditions, covenants, issuance and sale
of revenue bonds (exclusive of provisions relating to
refunding) shall be applicable to such warrants. Districts
issuing revenue bond anticipation warrants may make
covenants relative to the issuance of revenue bonds to
provide funds for the redemption of part or all of such
warrants and may contract for the sale of such bonds and
warrants. [1996 c 230 § 709; 1975 1st ex.s. c 25 § 5.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.20.030 Local improvement guaranty fund. Every
district in the state is authorized to create a fund for the
purpose of guaranteeing, to the extent of such fund, and in
the manner hereinafter provided, the payment of all of its
local improvement bonds issued to pay for any local improvement within its confines. Such fund shall be designated "Local Improvement Guaranty Fund of the ". . . . .
Water-Sewer District," ". . . . . Water District," ". . . . .
Sewer District," or ". . . . . District No. . . . . .," and shall be
established by resolution of the board of commissioners. For
the purpose of maintaining such fund, every district, after the
establishment thereof, shall at all times set aside and pay
into such a fund such proportion of the monthly gross
[Title 57 RCW—page 29]
57.20.030
Title 57 RCW: Water-Sewer Districts
revenues of the water supply, sewer, or drainage system of
such district as the commissioners thereof may direct by
resolution. This proportion may be varied from time to time
as the commissioners deem expedient or necessary. However, under the existence of the conditions set forth in
subsections (1) and (2) of this section, then the proportion
must be as specified in subsections (1) and (2) of this
section:
(1) Whenever any bonds of any local improvement
district have been guaranteed under this section and RCW
57.20.080 and 57.20.090 and the guaranty fund does not
have a cash balance equal to twenty percent of all bonds
originally guaranteed under this section and RCW 57.20.080
and 57.20.090 (excluding issues which have been retired in
full), then twenty percent of the gross monthly revenues
derived from water, sewer, and drainage systems in the
territory included in the local improvement district (but not
necessarily from users in other parts of the district as a
whole) shall be set aside and paid into the guaranty fund,
except that whenever under the requirements of this subsection, the cash balance accumulates so that it is equal to
twenty percent of all bonds guaranteed, or to the full amount
of all bonds guaranteed, outstanding and unpaid (which
amount might be less than twenty percent of the original
total guaranteed), then no further money need be set aside
and paid into the guaranty fund so long as the condition
shall continue.
(2) Whenever any warrants issued against the guaranty
fund, as provided in this section, remain outstanding and
uncalled for lack of funds for six months from the date of
issuance thereof; or whenever any coupons or bonds guaranteed under this section and RCW 57.20.080 and 57.20.090
have been matured for six months and have not been
redeemed either in cash or by issuance and delivery of
warrants upon the guaranty fund, then twenty percent of the
gross monthly revenues (or such portion thereof as the
commissioners of the district determine will be sufficient to
retire the warrants or redeem the coupons or bonds in the
ensuing six months) derived from all water, sewer, and
drainage system users in the district shall be set aside and
paid into the guaranty fund. However, whenever under the
requirements of this subsection all warrants, coupons, or
bonds specified in this subsection have been redeemed, no
further income needs to be set aside and paid into the
guaranty fund under the requirements of this subsection until
and unless other warrants remain outstanding and unpaid for
six months or other coupons or bonds default.
(3) For the purposes of complying with the requirements
of setting aside and paying into the local improvement
guaranty fund a proportion of the monthly gross revenues of
the water supply, sewer, or drainage system of any district,
as provided in subsections (1) and (2) of this section, that
district shall bind and obligate itself to maintain and operate
the applicable system and further bind and obligate itself to
establish, maintain, and collect such rates for water, sewer,
or drainage as will produce gross revenues sufficient to
maintain and operate that system and to make necessary
provision for the local improvement guaranty fund as
specified by this section and RCW 57.20.080 and 57.20.090.
The district shall alter its rates for water, sewer, and drainage
service from time to time and shall vary the same in differ[Title 57 RCW—page 30]
ent portions of its territory to comply with those requirements.
(4) Whenever any coupon or bond guaranteed by this
section shall mature and there shall not be sufficient funds
in the appropriate local improvement district bond redemption fund to pay the same, then the applicable county treasurer shall pay same from the local improvement guaranty fund
of the district; if there shall not be sufficient funds in the
guaranty fund to pay same, then the same may be paid by
issuance and delivery of a warrant upon the local improvement guaranty fund.
(5) Whenever the cash balance in the local improvement
guaranty fund is insufficient for the required purposes,
warrants drawing interest at a rate determined by the
commissioners may be issued by the applicable county
auditor, against the fund to meet any liability accrued against
it and must be issued upon demand of the holders of any
maturing coupons and/or bonds guaranteed by this section,
or to pay for any certificates of delinquency for delinquent
installments of assessments as provided in subsection (6) of
this section. Guaranty fund warrants shall be a first lien in
their order of issuance upon the gross revenues set aside and
paid into that fund.
(6) Within twenty days after the date of delinquency of
any annual installment of assessments levied for the purpose
of paying the local improvement bonds of any district
guaranteed under the provisions of this section, it shall be
mandatory for the county treasurer of the county in which
the real property is located to compile a statement of all
installments delinquent, together with the amount of accrued
interest and penalty appurtenant to each of the installments.
Thereupon the applicable county treasurer shall forthwith
purchase (for the district) certificates of delinquency for all
such delinquent installments. Payment for all such certificates of delinquency shall be made from the local improvement guaranty fund and if there shall not be sufficient
money in the fund to pay for such certificates of delinquency, the applicable county treasurer shall accept the local
improvement guaranty fund warrants in payment therefor.
All of those certificates of delinquency shall be issued in the
name of the local improvement guaranty fund and all
guaranty fund warrants issued in payment therefor shall be
issued in the name of the appropriate local improvement
district fund. Whenever any market is available and the
commissioners of the district so direct, the applicable county
treasurer shall sell any certificates of delinquency belonging
to the local improvement guaranty fund. However, any such
sale must not be for less than face value thereof plus accrued
interest from date of issuance to date of sale.
(7) Certificates of delinquency, as provided in subsection (6) of this section, shall be issued by the county
treasurer of the county in which the real property is located,
shall bear interest at the rate of ten percent per annum, shall
be in each instance for the face value of the delinquent installment, plus accrued interest to date of issuance of
certificate of delinquency, plus a penalty of five percent of
such face value, and shall set forth:
(a) Description of property assessed;
(b) Date installment of assessment became delinquent;
(c) Name of owner or reputed owner, if known.
The certificates of delinquency may be redeemed by the
owner of the property assessed at any time up to two years
(2002 Ed.)
Finances
from the date of foreclosure of such certificate of delinquency. If any such certificate of delinquency is not redeemed
on the second occurring first day of January subsequent to
its issuance, the county treasurer who issued the certificate
of delinquency shall then proceed to foreclose such certificate of delinquency in the manner specified for the foreclosure of the lien of local improvement assessments, pursuant
to chapter 35.50 RCW and if no redemption be made within
the succeeding two years shall execute and deliver a deed
conveying fee simple title to the property described in the
foreclosed certificate of delinquency. [1996 c 230 § 710;
1982 1st ex.s. c 17 § 20; 1981 c 156 § 20; 1937 c 102 § 1;
1935 c 82 § 1; RRS § 11589-1. Formerly RCW 57.20.030
through 57.20.070.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.20.080 Guaranty fund—Subrogation of district
as trustee. Whenever there shall be paid out of a guaranty
fund any sum on account of principal or interest upon a local
improvement bond, or on account of purchase of certificates
of delinquency, the district, as trustee for the fund, shall be
subrogated to all rights of the owner of the bonds, or any
interest, or delinquent assessment installments, so paid; and
the proceeds thereof, or of the assessment or assessments
underlying the same, shall become a part of the guaranty
fund. There shall also be paid into such guaranty fund the
interest received from the bank deposits of the fund, as well
as any surplus remaining in the local improvement funds
guaranteed by the guaranty fund, after the payment of all
outstanding bonds payable primarily out of such local
improvement funds. As among the several issues of bonds
guaranteed by the fund, no preference shall exist, but defaulted bonds and any defaulted interest payments shall be
purchased out of the fund in the order of their presentation.
The commissioners of every district that establishes a
guaranty fund shall prescribe, by resolution, appropriate rules
and regulations for the guaranty fund, not inconsistent
herewith. So much of the money of a guaranty fund as is
necessary and is not required for other purposes under this
section and RCW 57.20.030 and 57.20.090 may, at the
discretion of the commissioners of the district, be used to
purchase property at county tax foreclosure sales or from the
county after foreclosure in cases where such property is
subject to unpaid local improvement assessments securing
bonds guaranteed by the guaranty fund and such purchase is
deemed necessary for the purpose of protecting the guaranty
fund. In such cases the guaranty fund shall be subrogated to
all rights of the district. After so acquiring title to real
property, the district may lease or resell and convey the
same in the same manner that county property is authorized
to be leased or resold and for such prices and on such terms
as may be determined by resolution of the board of commissioners. Any provision of law to the contrary notwithstanding, all proceeds resulting from such resales shall
belong to and be paid into the guaranty fund. [1996 c 230
§ 711; 1983 c 167 § 165; 1937 c 102 § 2; 1935 c 82 § 2;
RRS § 11589-2.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
(2002 Ed.)
57.20.030
57.20.090 Rights and remedies of bond owner. The
owner of any local improvement bonds guaranteed under the
provisions of this section and RCW 57.20.030 and 57.20.080
shall not have any claim therefor against the district by
which the same is issued, except for payment from the
special assessments made for the improvement for which the
local improvement bonds were issued, and except as against
the local improvement guaranty fund of the district; and the
district shall not be liable to any owner of such local
improvement bond for any loss to the guaranty fund occurring in the lawful operation thereof by the district. The
remedy of the owner of a local improvement bond, in case
of nonpayment, shall be confined to the enforcement of the
assessment and to the guaranty fund. A copy of the foregoing part of this section shall be plainly written, printed or
engraved on each local improvement bond guaranteed by this
section and RCW 57.20.030 and 57.20.080. The establishment of a local improvement guaranty fund by any district
shall not be deemed at variance from any comprehensive
plan heretofore adopted by that district.
If any local improvement guaranty fund hereunder
authorized at any time has a balance therein in cash, and the
obligations guaranteed thereby have all been paid off, then
such balance shall be transferred to the maintenance fund of
the district. [1996 c 230 § 712; 1983 c 167 § 166; 1937 c
102 § 3; 1935 c 82 § 3; RRS § 11589-3.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
57.20.105 Vote on general indebtedness. The
commissioners may submit to the voters of the district at any
general or special election, a proposition that the district
incur a general indebtedness payable from annual tax levies
to be made in excess of the constitutional tax limitation for
the construction of any part or all of the improvements
described in its general comprehensive plan or plans.
Elections shall be held as provided in RCW 39.36.050. The
proposition authorizing both the bond issue and imposition
of excess bond retirement levies must be adopted by threefifths of the voters voting thereon, at which election the total
number of persons voting on the proposition shall constitute
not less than forty percent of the total number of votes cast
in the district at the last preceding general election. The
bonds shall not be issued to run for a period longer than
thirty years from the date of the issue. The bonds shall be
issued and sold in accordance with chapter 39.46 RCW.
Whenever the proposition to issue general obligation
bonds and impose such excess bond retirement levies has
been approved, there shall be levied by the officers or
governing body charged with the duty of levying taxes,
annual levies in excess of the constitutional tax limitation
sufficient to meet the annual or semiannual payments of
principal and interest on the bonds upon all taxable property
within the district. [1996 c 230 § 701; 1984 c 186 § 51;
1974 ex.s. c 31 § 1. Prior: 1973 1st ex.s. c 195 § 69; 1959
c 108 § 7; 1959 c 18 § 7; prior: 1953 c 251 § 5; 1951 2nd
ex.s. c 25 § 1; 1939 c 128 § 2, part; 1937 c 177 § 1, part;
1929 c 114 § 10, part; RRS § 11588, part. Cf. 1913 c 161
§ 10, part. Formerly RCW 57.16.020.]
[Title 57 RCW—page 31]
57.20.105
Title 57 RCW: Water-Sewer Districts
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Limitation on
levies: State Constitution Art. 7 § 2; RCW 84.52.010, 84.52.050 through
84.52.056.
municipal corporation indebtedness: State Constitution Art. 8 § 6.
57.20.110 Limitation of indebtedness. A district is
authorized and empowered by and through its board of
commissioners to contract indebtedness for its purposes, and
the maintenance thereof not exceeding one-half of one
percent of the value of the taxable property in the district, as
the term "value of the taxable property" is defined in RCW
39.36.015. [1996 c 230 § 713; 1970 ex.s. c 42 § 35; 1929
c 114 § 19; RRS § 11596. Cf. 1913 c 161 § 18.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Limitation on municipal corporation indebtedness: State Constitution Art.
8 § 6.
57.20.120 Additional indebtedness—Ballot proposition. A district may contract indebtedness in excess of the
amount named in RCW 57.20.110, but not exceeding in
amount, together with existing indebtedness, two and onehalf percent of the value of the taxable property in that
district, as the term "value of the taxable property" is defined
in RCW 39.36.015, and impose excess property tax levies to
retire the indebtedness whenever a ballot proposition authorizing the indebtedness and excess levies is approved as
provided under Article VII, section 2, and Article VIII,
section 6, of the state Constitution, at an election to be held
in the district in the manner provided by this title and RCW
39.36.050. [1999 c 153 § 17; 1996 c 230 § 714; 1984 c 186
§ 55; 1970 ex.s. c 42 § 36; 1929 c 114 § 20; RRS § 11597.
Cf. 1913 c 161 § 19.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
57.20.130 Bonds—Payment of interest. Any
coupons for the payment of interest on bonds of any district
shall be considered for all purposes as warrants drawn upon
the general fund of the district issuing such bonds, and when
presented to the treasurer of the county having custody of
the funds of such district at maturity, or thereafter, and when
so presented, if there are not funds in the treasury to pay the
coupons, it shall be the duty of the county treasurer to
endorse the coupons as presented for payment, in the same
manner as county warrants are indorsed, and thereafter the
coupons shall bear interest at the same rate as the bonds to
which they were attached. When there are no funds in the
treasury to make interest payments on bonds not having
coupons, the overdue interest payment shall continue bearing
interest at the bond rate until it is paid, unless otherwise
[Title 57 RCW—page 32]
provided in the proceedings authorizing the sale of the
bonds. [1996 c 230 § 715; 1983 c 167 § 167; 1929 c 114 §
22; RRS § 11599. Cf. 1913 c 161 § 21.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
57.20.135 Treasurer—Designation—Approval—
Powers and duties—Bond. Upon obtaining the approval of
the county treasurer, the board of commissioners of a district
with more than twenty-five hundred water customers or
sewer customers may designate by resolution some other
person having experience in financial or fiscal matters as the
treasurer of the district. Such a treasurer shall possess all of
the powers, responsibilities, and duties of, and shall be
subject to the same restrictions as provided by law for, the
county treasurer with regard to a district, and the county
auditor with regard to district financial matters. Such
treasurer shall be bonded for not less than twenty-five
thousand dollars. Approval by the county treasurer authorizing such a district to designate its treasurer shall not be
arbitrarily or capriciously withheld. [1996 c 230 § 716;
1988 c 162 § 11; 1983 c 57 § 4.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Ratification—1988 c 162 §§ 10 and 11: "Any action taken by a
sewer district treasurer or water district treasurer prior to March 21, 1988,
and consistent with sections 10 and 11 of this act is ratified and confirmed."
[1988 c 162 § 12.]
57.20.140 Maintenance or general fund and special
funds. The treasurer shall create and maintain a separate
fund designated as the maintenance fund or general fund of
the district into which shall be paid all money received by
the treasurer from the collection of taxes other than taxes
levied for the payment of general obligation bonds of the
district and all revenues of the district other than assessments
levied in local improvement districts or utility local improvement districts, and no money shall be disbursed therefrom
except upon warrants of the county auditor issued by
authority of the commissioners or upon a resolution of the
commissioners ordering a transfer to any other fund of the
district. The treasurer also shall maintain such other special
funds as may be prescribed by the district, into which shall
be placed such money as the board of commissioners may
by its resolution direct, and from which disbursements shall
be made upon proper warrants of the county auditor issued
against the same by authority of the board of commissioners.
[1999 c 153 § 18; 1996 c 230 § 717; 1983 c 57 § 3; 1959 c
108 § 14; 1929 c 114 § 23; RRS § 11600. Cf. 1913 c 161
§ 22.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.20.150 Maintenance or general fund and special
funds—Use of surplus in maintenance or general fund.
Whenever a district has accumulated money in the maintenance fund or general fund of the district in excess of the
requirements of that fund, the board of commissioners may
(2002 Ed.)
Finances
in its discretion use any of that surplus money for any of the
following purposes: (1) Redemption or servicing of outstanding obligations of the district; (2) maintenance expenses
of the district; (3) construction or acquisition of any facilities
necessary to carry out the purposes of the district; or (4) any
other proper district purpose. [1996 c 230 § 718; 1959 c
108 § 15.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.20.160 Maintenance or general fund and special
funds—Deposits and investments. Whenever there shall
have accumulated in any general or special fund of a district
money, the disbursement of which is not yet due, the board
of commissioners may, by resolution, authorize the treasurer
to deposit or invest such money in qualified public depositaries, or to invest such money in any investment permitted at
any time by RCW 36.29.020. However, the county treasurer
may refuse to invest any district money the disbursement of
which will be required during the period of investment to
meet outstanding obligations of the district. [1996 c 230 §
719; 1986 c 294 § 13; 1983 c 66 § 22; 1981 c 24 § 4; 1973
1st ex.s. c 140 § 3; 1959 c 108 § 16.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Severability—1983 c 66: See note following RCW 39.58.010.
Public depositaries: Chapter 39.58 RCW.
57.20.165 Deposit account requirements. District
money shall be deposited by the district in any account,
which may be interest-bearing, subject to such requirements
and conditions as may be prescribed by the state auditor.
The account shall be in the name of the district except upon
request by the treasurer, the accounts shall be in the name of
the ". . .(name of county). . . county treasurer." The
treasurer may instruct the financial institutions holding the
deposits to transfer them to the treasurer at such times as the
treasurer may deem appropriate, consistent with regulations
governing and policies of the financial institution. [1996 c
230 § 720; 1981 c 24 § 2.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.20.170 Maintenance or general fund and special
funds—Loans from maintenance or general funds to
construction funds or other funds. The board of commissioners of any district may, by resolution, authorize and
direct a loan or loans from maintenance funds or general
funds of the district to construction funds or other funds of
the district, so long as that loan or loans do not, in the
opinion of the board of commissioners, impair the ability of
the district to operate and maintain its water supply, sewer,
drainage, or street lighting systems. [1996 c 230 § 721;
1959 c 108 § 17.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.20.150
Chapter 57.22
CONTRACTS FOR SYSTEM EXTENSIONS
Sections
57.22.010
57.22.020
57.22.030
57.22.040
57.22.050
Contracts—Conditions.
Reimbursement to owner.
Scope of reimbursement.
Reimbursement—Procedures.
District participation in financing project.
57.22.010 Contracts—Conditions. If the district approves an extension to the system, the district shall contract
with owners of real estate located within the district boundaries, at an owner’s request, for the purpose of permitting
extensions to the district’s system to be constructed by such
owner at such owner’s sole cost where such extensions are
required as a prerequisite to further property development.
The contract shall contain such conditions as the district may
require pursuant to the district’s adopted policies and
standards. The district shall request comprehensive plan
approval for such extension, if required, and connection of
the extension to the district system is conditioned upon:
(1) Construction of such extension according to plans
and specifications approved by the district;
(2) Inspection and approval of such extension by the
district;
(3) Transfer to the district of such extension without
cost to the district upon acceptance by the district of such
extension;
(4) Payment of all required connection charges to the
district;
(5) Full compliance with the owner’s obligations under
such contract and with the district’s rules and regulations;
(6) Provision of sufficient security to the district to
ensure completion of the extension and other performance
under the contract;
(7) Payment by the owner to the district of all of the
district’s costs associated with such extension including, but
not limited to, the district’s engineering, legal, and administrative costs; and
(8) Verification and approval of all contracts and costs
related to such extension. [1996 c 230 § 801; 1989 c 389 §
11.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.22.020 Reimbursement to owner. The contract
shall also provide, subject to the terms and conditions in this
section, for the reimbursement to the owner or the owner’s
assigns for a period not to exceed fifteen years of a portion
of the costs of the facilities constructed pursuant to such
contract from connection charges received by the district
from other property owners who subsequently connect to or
use the facilities within the fifteen-year period and who did
not contribute to the original cost of such facilities. [1996
c 230 § 802; 1989 c 389 § 12.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.22.030 Scope of reimbursement. The reimbursement shall be a pro rata share of construction and contract
administration costs of the project. Reimbursement for
(2002 Ed.)
[Title 57 RCW—page 33]
57.22.030
Title 57 RCW: Water-Sewer Districts
projects shall include, but not be limited to, design, engineering, installation, and restoration. [1996 c 230 § 803; 1989
c 389 § 13.]
subject to potential review by a boundary review board
under chapter 36.93 RCW. [1996 c 230 § 901; 1989 c 84 §
58.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.22.040 Reimbursement—Procedures. The
procedures for reimbursement contracts shall be governed by
the following:
(1) A reimbursement area shall be formulated by the
board of commissioners within a reasonable time after the
acceptance of the extension. The reimbursement shall be
based upon a determination by the board of commissioners
of which parcels would require similar improvements upon
development.
(2) The contract must be recorded in the appropriate
county auditor’s office after the final execution of the
agreement. [1996 c 230 § 804; 1989 c 389 § 14.]
57.24.010 Annexation authorized—Petition—Notice
of hearing. Territory within the county or counties in which
a district is located, or territory adjoining or in close proximity to a district but which is located in another county, may
be annexed to and become a part of the district. All
annexations shall be accomplished in the following manner:
Ten percent of the number of registered voters residing in
the territory proposed to be annexed who voted in the last
municipal general election may file a petition with the district commissioners and cause the question to be submitted
to the voters of the territory whether such territory will be
annexed and become a part of the district. If the commissioners concur in the petition, they shall file it with the
county auditor of the county in which all or the largest
geographic portion of the real property proposed to be
annexed is located, who shall, within ten days, examine the
signatures thereon and certify to the sufficiency or insufficiency thereof. If the area proposed to be annexed is located
in more than one county, the auditor of the county in which
the largest geographic portion of the area proposed to be
annexed is located shall be the lead auditor and shall
immediately transfer a copy of the petitions to the auditor of
each other county in which the area proposed to be annexed
is located. Within ten days after the lead auditor received
the petition, the auditors of these other counties shall certify
to the lead auditor: (1) The number of voters of that county
residing in the area proposed to be annexed who voted at the
last municipal general election; and (2) the number of valid
signatures on the petition of voters of that county residing in
the area proposed to be annexed. The lead auditor shall
certify the sufficiency of the petition after receiving this
information. If the petition contains a sufficient number of
valid signatures, the lead county auditor shall transmit it,
together with a certificate of sufficiency attached thereto, to
the commissioners of the district.
If there are no registered voters residing in the territory
to be annexed, the petition may be signed by such a number
as appear of record to own at least a majority of the acreage
in the territory, and the petition shall disclose the total
number of acres of land in the territory and the names of all
record owners of land therein. If the commissioners are
satisfied as to the sufficiency of the petition and concur
therein, they shall send it, together with their certificate of
concurrence attached thereto to the county legislative
authority of each county in which the territory proposed to
be annexed is located.
The county legislative authority, upon receipt of a
petition certified to contain a sufficient number of signatures
of registered voters, or upon receipt of a petition signed by
such a number as own at least a majority of the acreage,
together with a certificate of concurrence signed by the
commissioners, at a regular or special meeting shall cause to
be published once a week for at least two weeks in a
newspaper in general circulation throughout the territory proposed to be annexed a notice that the petition has been filed,
stating the time of the meeting at which it shall be presented,
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.22.050 District participation in financing project.
As an alternative to financing projects under this chapter
solely by owners of real estate, districts may join in the
financing of improvement projects and may be reimbursed
in the same manner as the owners of real estate who
participate in the projects, if the board of commissioners has
specified the conditions of its participation in a resolution.
[1996 c 230 § 805; 1989 c 389 § 15.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Chapter 57.24
ANNEXATION OF TERRITORY
Sections
57.24.001
57.24.010
57.24.020
57.24.040
57.24.050
57.24.060
57.24.070
57.24.080
57.24.090
57.24.100
57.24.170
57.24.180
57.24.190
57.24.200
57.24.210
57.24.220
Actions subject to review by boundary review board.
Annexation authorized—Petition—Notice of hearing.
Hearing procedure—Boundaries—Election, notice, judges.
Election—Qualification of voters.
Expense of election.
Petition method is alternative to election method.
Petition method—Petition—Signers—Content—Certain public properties excluded from local improvement districts.
Petition method—Hearing—Notice.
Petition method—Resolution providing for annexation.
Petition method—Effective date of annexation—Prior indebtedness.
Annexation of certain unincorporated territory—
Authorized—Hearing.
Annexation of certain unincorporated territory—Opportunity
to be heard—Effective date of annexation resolution—
Notice—Referendum.
Annexation of certain unincorporated territory—Referendum
authorized—Petition—Election—Effective date of annexation.
Expenditure of funds to provide certain information authorized—Limits.
Annexation of certain unincorporated territory with boundaries contiguous to two municipal corporations providing water or sewer service—Procedure.
Assumption of substandard water system—Limited immunity from liability.
57.24.001 Actions subject to review by boundary
review board. Actions taken under this chapter may be
[Title 57 RCW—page 34]
(2002 Ed.)
Annexation of Territory
and setting forth the boundaries of the territory proposed to
be annexed. [1996 c 230 § 902; 1990 c 259 § 31; 1989 c
308 § 4; 1988 c 162 § 14; 1982 1st ex.s. c 17 § 21; 1959 c
18 § 15. Prior: 1951 2nd ex.s. c 25 § 5; 1931 c 72 § 5,
part; 1929 c 114 § 15, part; RRS § 11593, part. Cf. 1913 c
161 § 15, part.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.24.020 Hearing procedure—Boundaries—
Election, notice, judges. When such petition is presented
for hearing, the legislative authority of each county in which
the territory proposed to be annexed is located shall hear the
petition or may adjourn the hearing from time to time not
exceeding one month in all, and any person, firm, or
corporation may appear before the county legislative authority and make objections to the proposed boundary lines or to
annexation of the territory described in the petition. Upon
a final hearing each county legislative authority shall make
such changes in the proposed boundary lines within the
county as it deems to be proper and shall establish and
define such boundaries and shall find whether the proposed
annexation as established by the county legislative authority
to the district will be conducive to the public health, welfare
and convenience and will be of special benefit to the land
included within the boundaries of the territory proposed to
be annexed to the district. No lands which will not, in the
judgment of the county legislative authority, be benefited by
inclusion therein, shall be included within the boundaries of
the territory as so established and defined. No change shall
be made by the county legislative authority in the boundary
lines, including any territory outside of the boundary lines
described in the petition. No person having signed such
petition shall be allowed to withdraw such person’s name
therefrom after the filing of the petition with the board of
commissioners.
Upon the entry of the findings of the final hearing each
county legislative authority, if it finds the proposed annexation to be conducive to the public health, welfare, and
convenience and to be of special benefit to the land proposed
to be annexed and included within the boundaries of the district, shall give notice of a special election to be held within
the boundaries of the territory proposed to be annexed to the
district for the purpose of determining whether the same
shall be annexed to the district. The notice shall particularly
describe the boundaries established by the county legislative
authority, and shall state the name of the district to which
the territory is proposed to be annexed, and the notice shall
be published in a newspaper of general circulation in the
territory proposed to be annexed at least once a week for a
minimum of two successive weeks prior to the election and
shall be posted for the same period in at least four public
places within the boundaries of the territory proposed to be
annexed, which notice shall designate the places within the
territory proposed to be annexed where the election shall be
held, and the proposition to the voters shall be expressed on
ballots which contain the words:
For Annexation to District
or
Against Annexation to District
(2002 Ed.)
57.24.010
The county legislative authority shall name the persons to act
as judges at that election. [1996 c 230 § 903; 1982 1st ex.s.
c 17 § 22; 1959 c 18 § 16. Prior: 1931 c 72 § 5; 1929 c
114 § 15; RRS § 11593. Cf. 1913 c 161 § 15. Formerly
RCW 57.24.010, 57.24.020, and 57.24.030.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.24.040 Election—Qualification of voters. (1) The
annexation election shall be held on the date designated in
the notice and shall be conducted in accordance with the
general election laws of the state. If the original petition for
annexation is signed by qualified voters, then only qualified
voters at the date of election residing in the territory proposed to be annexed, shall be permitted to vote at the election.
(2) If the original petition for annexation is signed by
property owners as provided for in this chapter, then no
person shall be entitled to vote at that election unless at the
time of the filing of the original petition he or she owned
land in the district of record and in addition thereto at the
date of election shall be a qualified voter of the county in
which such district is located. It shall be the duty of the
county auditor, upon request of the county legislative
authority, to certify the names of all persons owning land in
the district at the date of the filing of the original petition as
shown by the records of the auditor’s office; and at any such
election the county auditor may require any such property
owner offering to vote to take an oath that the property
owner is a qualified voter of the county before the property
owner shall be allowed to vote. However, at any election
held under the provisions of this chapter an officer or agent
of any corporation having its principal place of business in
the county and owning land at the date of filing the original
petition in the district duly authorized in writing may cast a
vote on behalf of such corporation. When so voting the
person shall file with the county auditor such a written
instrument of that person’s authority.
(3) If the majority of the votes cast upon the question of
such election shall be for annexation, then the territory
concerned shall immediately be and become annexed to such
district and the same shall then forthwith be a part of the
district, the same as though originally included in that district. [1999 c 153 § 19; 1996 c 230 § 904; 1929 c 114 § 16;
RRS § 11593-1.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.24.050 Expense of election. All elections held
pursuant to this chapter, whether general or special, shall be
conducted by the county auditor of the county in which the
district is located. The expense of all such elections shall be
paid for out of the funds of such district. [1999 c 153 § 20;
1996 c 230 § 905; 1929 c 114 § 17; RRS § 11594. Cf.
1913 c 161 § 16.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
[Title 57 RCW—page 35]
57.24.060
Title 57 RCW: Water-Sewer Districts
57.24.060 Petition method is alternative to election
method. The method of annexation provided for in RCW
57.24.070 through 57.24.100 shall be an alternative method
to that specified in RCW 57.24.010 through 57.24.050.
[1953 c 251 § 22.]
57.24.070 Petition method—Petition—Signers—
Content—Certain public properties excluded from local
improvement districts. As an alternative method of
annexation, a petition for annexation of an area contiguous
to a district may be made in writing, addressed to and filed
with the board of commissioners of the district to which
annexation is desired. It must be signed by the owners,
according to the records of the county auditor, of not less
than sixty percent of the area of land for which annexation
is petitioned, excluding county and state rights of way, parks,
tidelands, lakes, retention ponds, and stream and water
courses. Additionally, the petition shall set forth a description of the property according to government legal subdivisions or legal plats, and shall be accompanied by a plat
which outlines the boundaries of the property sought to be
annexed. Those county and state properties shall be excluded from local improvement districts or utility local improvement districts in the annexed area and from special assessments, rates, or charges of the district except where service
has been regulated and provided to such properties. The
owners of such property shall be invited to be included
within local improvement districts or utility local improvement districts at the time they are proposed for formation.
[1996 c 230 § 906; 1985 c 141 § 8; 1953 c 251 § 18.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.24.080 Petition method—Hearing—Notice. If the
petition for annexation filed with the board of commissioners
complies with the requirements of law, as proved to the
satisfaction of the board of commissioners, it may entertain
the petition, fix the date for public hearing thereon, and
cause notice of the hearing to be published in one issue of
a newspaper of general circulation in the area proposed to be
annexed and also posted in three public places within the
area proposed for annexation. The notice shall specify the
time and place of hearing and invite interested persons to
appear and voice approval or disapproval of the annexation.
The expense of publication and posting of the notice shall be
borne by the signers of the petition. [1953 c 251 § 19.]
57.24.090 Petition method—Resolution providing
for annexation. Following the hearing the board of commissioners shall determine by resolution whether annexation
shall be made. It may annex all or any portion of the
proposed area but may not include in the annexation any
property not described in the petition. Upon passage of the
resolution a certified copy shall be filed with the legislative
authority of the county in which the annexed property is
located. [1996 c 230 § 907; 1953 c 251 § 20.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
the resolution the area annexed shall become a part of the
district.
No property within the limits of the territory so annexed
shall ever be taxed or assessed to pay any portion of the
indebtedness of the district to which it is annexed contracted
prior to or existing at the date of annexation; nor shall any
such property be released from any taxes or assessments
levied against it or from liability for payment of outstanding
bonds or warrants issued prior to such annexation. [1953 c
251 § 21.]
57.24.170 Annexation of certain unincorporated
territory—Authorized—Hearing. When there is, within a
district, unincorporated territory containing less than one
hundred acres and having at least eighty percent of the
boundaries of such area contiguous to the district, the board
of commissioners may resolve to annex that territory to the
district. The resolution shall describe the boundaries of the
area to be annexed, state the number of voters residing
therein as nearly as may be, and set a date for a public
hearing on such resolution for annexation. Notice of the
hearing shall be given by publication of the resolution at
least once a week for two weeks prior to the date of the
hearing, in one or more newspapers of general circulation
within the district and one or more newspapers of general
circulation within the area to be annexed. [1996 c 230 §
908; 1982 c 146 § 4.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.24.180 Annexation of certain unincorporated
territory—Opportunity to be heard—Effective date of
annexation resolution—Notice—Referendum. On the date
set for hearing under RCW 57.24.170, residents or property
owners of the area included in the resolution for annexation
shall be afforded an opportunity to be heard. The board of
commissioners may provide by resolution for annexation of
the territory described in the resolution, but the effective date
of the resolution shall be not less than forty-five days after
the passage thereof. The board of commissioners shall cause
notice of the proposed effective date of the annexation,
together with a description of the property to be annexed, to
be published at least once each week for two weeks subsequent to passage of the resolution, in one or more newspapers of general circulation within the district and in one or
more newspapers of general circulation within the area to be
annexed. Upon the filing of a timely and sufficient referendum petition under RCW 57.24.190, a referendum election
shall be held under RCW 57.24.190, and the annexation shall
be deemed approved by the voters unless a majority of the
votes cast on the proposition are in opposition thereto. After
the expiration of the forty-fifth day from but excluding the
date of passage of the annexation resolution, if no timely and
sufficient referendum petition has been filed, under RCW
57.24.190, the area annexed shall become a part of the
district upon the date fixed in the resolution of annexation.
[1996 c 230 § 909; 1982 c 146 § 5.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.24.100 Petition method—Effective date of
annexation—Prior indebtedness. Upon the date fixed in
[Title 57 RCW—page 36]
(2002 Ed.)
Annexation of Territory
57.24.190 Annexation of certain unincorporated
territory—Referendum authorized—Petition—Election—
Effective date of annexation. The annexation resolution
under RCW 57.24.180 shall be subject to referendum for
forty-five days after the passage thereof. Upon the filing of
a timely and sufficient referendum petition with the board of
commissioners, signed by registered voters in number equal
to not less than ten percent of the registered voters in the
area to be annexed who voted in the last municipal general
election, the question of annexation shall be submitted to the
voters of such area in a general election if one is to be held
within ninety days or at a special election called for that
purpose by the board of commissioners in accordance with
RCW 29.13.010 and 29.13.020. Notice of that election shall
be given under RCW 57.24.020 and the election shall be
conducted under RCW 57.24.040. The annexation shall be
deemed approved by the voters unless a majority of the
votes cast on the proposition are in opposition thereto.
After the expiration of the forty-fifth day from but
excluding the date of passage of the annexation resolution,
if no timely and sufficient referendum petition has been
filed, the area annexed shall become a part of the district
upon the date fixed in the resolution of annexation upon
transmitting the resolution to the county legislative authority.
[1996 c 230 § 910; 1990 c 259 § 32; 1982 c 146 § 6.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.24.200 Expenditure of funds to provide certain
information authorized—Limits. A district may expend
funds to inform residents in areas proposed for annexation
into the district of the following:
(1) Technical information and data;
(2) The fiscal impact of the proposed improvement; and
(3) The types of improvements planned.
Expenditures under this section shall be limited to research,
preparation, printing, and mailing of the information. [1996
c 230 § 911; 1986 c 258 § 2.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.24.210 Annexation of certain unincorporated
territory with boundaries contiguous to two municipal
corporations providing water or sewer service—
Procedure. When there is unincorporated territory containing less than one hundred acres and having at least eighty
percent of the boundaries of such area contiguous to two
municipal corporations providing either water or sewer
service, one of which is a water-sewer district, the legislative
authority of either of the contiguous municipal corporations
may resolve to annex such territory to that municipal corporation, provided a majority of the legislative authority of the
other contiguous municipal corporation concurs. In such
event, the municipal corporation resolving to annex such
territory may proceed to effect the annexation by complying
with RCW 57.24.170 through 57.24.190. For purposes of
this section, "municipal corporation" means a water-sewer
district, city, or town. [2002 c 76 § 1; 1996 c 230 § 912;
1995 c 279 § 2; 1987 c 449 § 17.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
(2002 Ed.)
57.24.190
57.24.220 Assumption of substandard water system—Limited immunity from liability. A district assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking
water systems, and its agents and employees, are immune
from lawsuits or causes of action, based on noncompliance
with state or federal requirements for public drinking water
systems, which predate the date of assuming responsibility
and continue after the date of assuming responsibility,
provided that the district has submitted and is complying
with a plan and schedule of improvements approved by the
department of health. This immunity shall expire on the
earlier of the date the plan of improvements is completed or
four years from the date of assuming responsibility. This
immunity does not apply to intentional injuries, fraud, or bad
faith. [1996 c 230 § 913; 1994 c 292 § 8.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
Chapter 57.28
WITHDRAWAL OF TERRITORY
Sections
57.28.001
57.28.010
57.28.020
57.28.030
57.28.035
57.28.040
57.28.050
57.28.060
57.28.070
57.28.080
57.28.090
57.28.100
57.28.110
Actions subject to review by boundary review board.
Withdrawal authorized—Petition.
Petition of residents.
Petition of landowners.
Alternative procedure—Resolution.
Notice of hearing—Bond for costs.
Hearing—Findings.
Transmission to county legislative authorities.
Notice of hearing before county legislative authority.
Hearing—Findings.
Election on withdrawal.
Notice of election—Election—Canvass.
Taxes and assessments unaffected.
57.28.001 Actions subject to review by boundary
review board. Actions taken under this chapter may be
subject to potential review by a boundary review board
under chapter 36.93 RCW. [1996 c 230 § 1001; 1989 c 84
§ 59.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.28.010 Withdrawal authorized—Petition.
Territory within a district may be withdrawn therefrom in the
following manner and upon the following conditions: The
petition for withdrawal shall be in writing and shall designate the boundaries of the territory proposed to be withdrawn
from the district and shall be signed by at least twenty-five
percent of the qualified voters residing within the territory so
designated who are qualified voters on the date of filing such
petition. The petition shall set forth that the territory
proposed to be withdrawn is of such location or character
that water and sewer services cannot be furnished to it by
the district at reasonable cost, and shall further set forth that
the withdrawal of such territory will be of benefit to such
territory and conducive to the general welfare of the balance
of the district. [1996 c 230 § 1002; 1941 c 55 § 1; Rem.
Supp. 1941 § 11604-1.]
[Title 57 RCW—page 37]
57.28.010
Title 57 RCW: Water-Sewer Districts
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.28.020 Petition of residents. The petition for
withdrawal shall be filed with the county auditor of each
county in which the district is located, and after the filing no
person having signed the petition shall be allowed to withdraw the person’s name therefrom. Within ten days after
such filing, each county auditor shall examine and verify the
signatures of signers residing in the respective county. The
petition shall be transmitted to the auditor of the county in
which all or the major geographic portion of the district is
located, who shall certify to the sufficiency or insufficiency
of the signatures. If the area proposed to be withdrawn is
located in more than one county, the auditor of the county in
which the largest geographic portion of the area proposed to
be withdrawn is located shall be the lead auditor and shall
immediately transfer a copy of the petitions to the auditor of
each other county in which the area proposed to be withdrawn is located. Within ten days after the lead auditor
received the petition, the auditors of these other counties
shall certify to the lead auditor: (1) The number of voters of
that county residing in the area proposed to be withdrawn
who voted at the last municipal general election; and (2) the
number of valid signatures on the petition of voters of that
county residing in the area proposed to be withdrawn. The
lead auditor shall certify the sufficiency of the petition after
receiving this information. If such petition be found by such
county auditor to contain sufficient signatures, the petition,
together with a certificate of sufficiency attached thereto,
shall be transmitted to the board of commissioners of the
district. [1996 c 230 § 1003; 1982 1st ex.s. c 17 § 23; 1941
c 55 § 2; Rem. Supp. 1941 § 11604-2.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.28.030 Petition of landowners. In the event there
are no qualified voters residing within the territory proposed
to be withdrawn, the petition for withdrawal may be signed
by such persons as appear of record to own at least a
majority of the acreage within such territory, in which event
the petition shall also state the total number of acres and the
names of all record owners of the land within such territory.
The petition so signed shall be filed with the board of
commissioners of the district, and after such filing no person
having signed the same shall be allowed to withdraw that
person’s name. [1996 c 230 § 1004; 1941 c 55 § 3; Rem.
Supp. 1941 § 11604-3.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.28.035 Alternative procedure—Resolution. As
an alternative procedure to those set forth in RCW 57.28.010
through 57.28.030, the withdrawal of territory within a
district may be commenced by a resolution of the board of
commissioners that sets forth boundaries of the territory to
be withdrawn and sets a date for the public hearing required
under RCW 57.28.050. Upon the final hearing, the board of
commissioners shall make such changes in the proposed
boundaries as they deem proper, except that no changes in
the boundary lines may be made by the board of commis[Title 57 RCW—page 38]
sioners to include lands not within the boundaries of the
territory as described in such resolution.
Whenever the board of commissioners proposes to
commence the withdrawal of any portion of its territory
located within a city or town using the alternative procedures
herein authorized, it shall first notify such city or town of
their [its] intent to withdraw the territory. If the legislative
authority of the city or town takes no action within sixty
days of receipt of notification, the district may proceed with
the resolution method.
If the city or town legislative authority disapproves of
use of the alternative procedures, the board of commissioners
may proceed using the process established under RCW
57.28.010 through 57.28.030.
A withdrawal procedure commenced under this section
shall be subject to the procedures and requirements set forth
in RCW 57.28.040 through 57.28.110. [1996 c 230 § 1005;
1985 c 153 § 1.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.28.040 Notice of hearing—Bond for costs. Upon
receipt by the board of commissioners of a petition and
certificate of sufficiency of the auditor, or if the petition is
signed by landowners and the board of commissioners is
satisfied as to the sufficiency of the signatures thereon, it
shall at a regular or special meeting fix a date for hearing on
the petition and give notice that the petition has been filed,
stating the time and place of the meeting of the board of
commissioners at which the petition will be heard and setting
forth the boundaries of the territory proposed to be withdrawn. The notice shall be published at least once a week
for two successive weeks in a newspaper of general circulation therein, and if no such newspaper is printed in the
county, then in some newspaper of general circulation in the
county and district. Any additional notice of the hearing
may be given as the board of commissioners may by resolution direct.
Prior to fixing the time for a hearing on any such
petition, the board of commissioners in its discretion may
require the petitioners to furnish a satisfactory bond conditioned that the petitioners shall pay all costs incurred by the
district in connection with the petition, including the cost of
an election if one is held pursuant thereto, and should the
petitioners fail or refuse to post such a bond, if one is
required by the district board of commissioners, then there
shall be no duty on the part of the board of commissioners
to act upon the petition. [1996 c 230 § 1006; 1985 c 469 §
59; 1951 c 112 § 3; 1941 c 55 § 4; Rem. Supp. 1941 §
11604-4.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.28.050 Hearing—Findings. The petition for
withdrawal shall be heard at the time and place specified in
such notice or the hearing may be adjourned from time to
time, not exceeding one month in all, and any person may
appear at such hearing and make objections to the withdrawal of such territory or to the proposed boundary lines thereof.
Upon final hearing on the petition for withdrawal, the board
of commissioners of the district shall make such changes in
(2002 Ed.)
Withdrawal of Territory
the proposed boundary lines as it deems to be proper, except
that no changes in the boundary lines shall be made by the
board of commissioners to include lands not within the
boundaries of the territory as described in such petition. In
establishing and defining such boundaries the board of
commissioners shall exclude any property which is then
being furnished with water, sewer, or drainage service by the
district or which is included in any distribution or collection
system the construction of which is included within any duly
established local improvement district or utility local
improvement district, and the territory as finally established
and defined must be substantial in area and consist of
adjoining or contiguous properties. The board of commissioners shall thereupon make and by resolution adopt
findings of fact as to the following questions:
(1) Would the withdrawal of such territory be of benefit
to such territory?
(2) Would such withdrawal be conducive to the general
welfare of the balance of the district?
Such findings shall be entered in the records of the
district, together with any recommendations the board of
commissioners may by resolution adopt. [1999 c 153 § 21;
1996 c 230 § 1007; 1986 c 109 § 1; 1941 c 55 § 5; Rem.
Supp. 1941 § 11604-5.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.28.060 Transmission to county legislative authorities. Within ten days after the final hearing the board of
commissioners of the district shall transmit to the county
legislative authority of each county in which the district is
located the petition for withdrawal, together with a copy of
the findings and recommendations of the board of commissioners of the district certified by the secretary of the district
to be a true and correct copy of such findings and recommendations as the same appear on the records of the district.
[1996 c 230 § 1008; 1982 1st ex.s. c 17 § 24; 1941 c 55 §
6; Rem. Supp. 1941 § 11604-6.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.28.070 Notice of hearing before county legislative
authority. Upon receipt of the petition and certified copy
of the findings and recommendations adopted by the district
commissioners, the county legislative authority of each county in which the district is located at a regular or special
meeting shall fix a time and place for hearing thereon and
shall cause to be published at least once a week for two or
more weeks in successive issues of a newspaper of general
circulation in the district, a notice that such petition has been
presented to the county legislative authority stating the time
and place of the hearing thereon, setting forth the boundaries
of the territory proposed to be withdrawn as such boundaries
are established and defined in the findings or recommendations of the board of commissioners of the district. [1996 c
230 § 1009; 1982 1st ex.s. c 17 § 25; 1941 c 55 § 7; Rem.
Supp. 1941 § 11604-7.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
(2002 Ed.)
57.28.050
57.28.080 Hearing—Findings. The petition shall be
heard at the time and place specified in the notice, or the
hearing may be adjourned from time to time, not exceeding
one month in all, and any person may appear at the hearing
and make objections to the withdrawal of the territory.
Upon final hearing on the petition the county legislative
authority shall thereupon make, enter, and by resolution
adopt its findings of fact on the questions set forth in RCW
57.28.050. If the findings of fact answer the questions
affirmatively, and if they are the same as the findings made
by the district commissioners, then the county legislative
authority shall by resolution declare that the territory be
withdrawn from that district, and thereupon the territory shall
be withdrawn and excluded from that district the same as if
it had never been included therein except for the lien of
taxes as hereinafter set forth. However, the boundaries of
the territory withdrawn shall be the boundaries established
and defined by the district board of commissioners and shall
not be altered or changed by the county legislative authority
unless the unanimous consent of the district commissioners
be given in writing to any such alteration or change. [1996
c 230 § 1010; 1941 c 55 § 8; Rem. Supp. 1941 § 11604-8.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.28.090 Election on withdrawal. If the findings of
any county legislative authority answer any of the questions
of fact set forth in RCW 57.28.050 in the negative, or if any
of the findings of the county legislative authority are not the
same as the findings of the district board of commissioners
upon the same question, then in either of such events, the
petition for withdrawal shall be deemed denied. Thereupon,
and in such event, the county legislative authority of each
county in which the district is located shall by resolution
cause a special election to be held not less than thirty days
or more than sixty days from the date of the final hearing of
any county legislative authority upon the petition for
withdrawal, at which election the proposition expressed on
the ballots shall be substantially as follows:
"Shall the territory established and defined by the
district board of commissioners at its meeting held on the
. . . . . . (insert date of final hearing of district board of
commissioners upon the petition for withdrawal) be withdrawn from district . . . . . . (naming it).
YES
NO
"
[1996 c 230 § 1011; 1982 1st ex.s. c 17 § 26; 1941 c 55 §
9; Rem. Supp. 1941 § 11604-9.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.28.100 Notice of election—Election—Canvass.
Notice of the election shall be posted and published in the
same manner provided by law for the posting and publication of notice of elections to annex territory to districts. The
territory described in the notice shall be that established and
defined by the district board of commissioners. All qualified
voters residing within the district shall have the right to vote
at the election. If a majority of the votes cast favor the
withdrawal from the district of such territory, then within ten
days after the official canvass of the election the county
[Title 57 RCW—page 39]
57.28.100
Title 57 RCW: Water-Sewer Districts
legislative authority of each county in which the district is
located shall by resolution establish that the territory has
been withdrawn, and the territory shall thereupon be withdrawn and excluded from the district the same as if it had
never been included therein except for the lien of any taxes
as hereinafter set forth. [1996 c 230 § 1012; 1982 1st ex.s.
c 17 § 27; 1941 c 55 § 10; Rem. Supp. 1941 § 11604-10.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.28.110 Taxes and assessments unaffected. Taxes
or assessments levied or assessed against property located in
territory withdrawn from a district shall remain a lien and be
collected as by law provided when the taxes or assessments
are levied or assessed prior to the withdrawal or when the
levies or assessments are duly made to provide revenue for
the payment of general obligations or general obligation
bonds of the district duly incurred or issued prior to the
withdrawal. [1996 c 230 § 1013; 1941 c 55 § 11; Rem.
Supp. 1941 § 11604-11.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Chapter 57.32
CONSOLIDATION OF DISTRICTS—TRANSFER OF
PART OF DISTRICT
Sections
57.32.001
57.32.010
Actions subject to review by boundary review board.
Consolidation authorized—Petition method—Resolution
method.
57.32.020 Certificate of sufficiency.
57.32.021 Procedure upon receipt of certificate of sufficiency—
Agreement, contents—Comprehensive plan.
57.32.022 Certification of agreement—Election, notice and conduct.
57.32.023 When consolidation effective—Cessation of former districts—Rights and powers of consolidated district.
57.32.024 Vesting of funds and property in consolidated district—
Outstanding indebtedness.
57.32.130 Commissioners—Number.
57.32.160 Transfer of part of district—Procedure.
Assumption of jurisdiction over water or sewer district by city: Chapter
35.13A RCW.
57.32.001 Actions subject to review by boundary
review board. Actions taken under this chapter may be
subject to potential review by a boundary review board
under chapter 36.93 RCW. [1996 c 230 § 1101; 1989 c 84
§ 60.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.32.010 Consolidation authorized—Petition
method—Resolution method. Two or more districts may
be joined into one consolidated district. The consolidation
may be initiated in either of the following ways: (1) Ten
percent of the voters residing within each of the districts proposed to be consolidated may petition the board of commissioners of their respective districts to cause the question to
be submitted to the voters of the districts proposed to be
consolidated; or (2) the board of commissioners of each of
the districts proposed to be consolidated may by resolution
determine that the consolidation of the districts shall be
[Title 57 RCW—page 40]
conducive to the public health, welfare, and convenience and
to be of special benefit to the lands of the districts. [1996
c 230 § 1102; 1989 c 308 § 11; 1982 1st ex.s. c 17 § 28;
1967 ex.s. c 39 § 1; 1943 c 267 § 1; Rem. Supp. 1943 §
11604-20.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.32.020 Certificate of sufficiency. If the consolidation proceedings are initiated by petitions, upon the filing of
such petitions with the boards of commissioners of the
districts, the boards of commissioners of each district shall
file such petitions with the auditor of the county in which all
or the largest geographic portion of the respective districts is
located, who shall within ten days examine and verify the
signatures of the signers residing in the county. If the
districts proposed to be consolidated include areas located in
more than one county, the auditor of the county in which the
largest geographic portion of the consolidating districts is
located shall be the lead auditor and shall immediately
transfer a copy of the petitions to the auditor of each other
county in which the consolidating districts are located.
Within ten days after the lead auditor received the petition,
the auditors of these other counties shall certify to the lead
auditor: (1) The number of voters of that county residing in
each consolidating district; and (2) the number of valid
signatures on the petition of voters of that county residing in
each consolidating district. The lead auditor shall certify the
sufficiency of the petition after receiving this information.
If all of such petitions shall be found to contain a sufficient
number of signatures, the county auditor shall transmit the
same, together with a certificate of sufficiency attached
thereto, to the board of commissioners of each of the
districts proposed for consolidation.
If there are no voters residing in one or more of the
districts proposed to be consolidated, such petitions may be
signed by such a number of landowners as appear of record
to own at least a majority of the acreage in the pertinent
district, and the petitions shall disclose the total number of
acres of land in that district and shall also contain the names
of all record owners of land therein. [1996 c 230 § 1103;
1982 1st ex.s. c 17 § 30; 1967 ex.s. c 39 § 2; 1943 c 267 §
2; Rem. Supp. 1943 § 11604-21.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.32.021 Procedure upon receipt of certificate of
sufficiency—Agreement, contents—Comprehensive plan.
Upon receipt by the boards of commissioners of the districts
proposed for consolidation, hereinafter referred to as the
"consolidating districts", of the lead county auditor’s certificate of sufficiency of the petitions, or upon adoption by the
boards of commissioners of the consolidating districts of
their resolutions for consolidation, the boards of commissioners of the consolidating districts shall, within ninety days,
enter into an agreement providing for consolidation. The
agreement shall set forth the method and manner of consolidation, a comprehensive plan or scheme of water supply,
sewer, and drainage services for the consolidated district, and
if the comprehensive plan or scheme of water supply, sewer,
and drainage services provides that one or more of the
(2002 Ed.)
Consolidation of Districts—Transfer of Part of District
57.32.021
consolidating districts or the proposed consolidated district
issue revenue bonds for either the construction or other costs
of any part or all of the comprehensive plan, or both, then
the details thereof shall be set forth. The requirement that
a comprehensive plan or scheme of water supply, sewer, and
drainage services for the consolidated district be set forth in
the agreement for consolidation shall be satisfied if the
existing comprehensive plans or schemes of the consolidating districts are incorporated therein by reference and any
changes or additions thereto are set forth in detail. [1996 c
230 § 1104; 1967 ex.s. c 39 § 8.]
formation of any consolidated district, all funds, rights, and
property, real and personal, of the former districts, shall vest
in and become the property of the consolidated district.
Unless the agreement for consolidation provides to the
contrary, any outstanding indebtedness of any form, owed by
the districts, shall remain the obligation of the area of the
original debtor district and the board of commissioners of the
consolidated district shall make such levies, assessments, or
charges for service upon that area or the users therein as
shall pay off the indebtedness at maturity. [1996 c 230 §
1107; 1967 ex.s. c 39 § 11.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.32.022 Certification of agreement—Election,
notice and conduct. The boards of commissioners of the
consolidating districts shall certify the agreement to the
county auditors of the respective counties in which the
districts are located. A special election shall be called by the
county auditors for the purpose of submitting to the voters
of each of the consolidating districts the proposition of
whether or not the several districts shall be consolidated into
one district. The proposition shall give the title of the proposed consolidated district. Notice of the election shall be
given and the election conducted in accordance with the
general election laws. [1996 c 230 § 1105; 1994 c 223 § 71;
1982 1st ex.s. c 17 § 31; 1967 ex.s. c 39 § 9.]
57.32.130 Commissioners—Number. The commissioners of the districts consolidated into any new consolidated district shall become commissioners thereof until their
respective terms of office expire or until they resign from
office if the resignation is before the expiration of their
terms of office. At each election of commissioners following the consolidation, only one position shall be filled, so
that as the terms of office expire, the total number of
commissioners in the consolidated district shall be reduced
to three. However, if the agreement provides that the
consolidated district eventually will be governed by a fivemember board of commissioners, one commissioner shall be
elected to a six-year term of office at the first district general
election following the consolidation, two commissioners shall
be elected to six-year terms of office at the second district
general election following the consolidation, and two
commissioners shall be elected to six-year terms of office at
the third district general election following the consolidation.
[1996 c 230 § 1108; 1985 c 141 § 9; 1943 c 267 § 13; Rem.
Supp. 1943 § 11604-32.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.32.023 When consolidation effective—Cessation
of former districts—Rights and powers of consolidated
district. If at the election a majority of the voters in each
of the consolidating districts vote in favor of the consolidation, the consolidation shall be authorized. The consolidation shall be effective and the consolidating districts shall
cease to exist and shall then be and become a new district
and municipal corporation of the state of Washington, upon
the certification of the election results. The name of the new
district shall be ". . . . . Water-Sewer District," ". . . . .
Water District," ". . . . . Sewer District," or ". . . . . District
No. . . . . .," which shall be the name appearing on the
ballot. The district shall have all and every power, right,
and privilege possessed by other water-sewer, sewer, or
water districts of the state of Washington. The district may
issue revenue bonds to pay for the construction of any
additions and betterments set forth in the comprehensive plan
of water supply, sewer, and drainage services contained in
the agreement for consolidation and any future additions and
betterments to the comprehensive plan of water supply,
sewer, and drainage services, as its board of district commissioners shall by resolution adopt, without submitting a
proposition therefor to the voters of the district. [1999 c 153
§ 22; 1996 c 230 § 1106; 1994 c 223 § 72; 1982 1st ex.s. c
17 § 32; 1967 ex.s. c 39 § 10.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.32.024 Vesting of funds and property in consolidated district—Outstanding indebtedness. Upon the
(2002 Ed.)
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.32.160 Transfer of part of district—Procedure.
A part of one district may be transferred into an adjacent
district if the area can be better served thereby. Such
transfer can be accomplished by a petition, directed to both
districts, signed by the owners according to the records of
the county auditor of not less than sixty percent of the area
of land to be transferred. If a majority of the commissioners
of each district approves the petition, copies of the approving
resolutions shall be filed with the county legislative authority
which shall act upon the petition as a proposed action in
accordance with RCW 57.02.040. [1996 c 230 § 1109; 1987
c 449 § 18.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Chapter 57.36
MERGER OF DISTRICTS
Sections
57.36.001
57.36.010
57.36.020
57.36.030
Actions subject to review by boundary review board.
Merger of districts authorized.
Initiation of merger—Procedure.
Agreement—Certification to county auditor—Election—
Notice, conduct.
[Title 57 RCW—page 41]
Chapter 57.36
57.36.040
57.36.050
57.36.060
Title 57 RCW: Water-Sewer Districts
When merger effective—Cessation of merging district—
Commissioners.
Vesting of funds and property in merger district—
Outstanding indebtedness.
Persons serving on both boards to hold only one position
after merger.
57.36.001 Actions subject to review by boundary
review board. Actions taken under this chapter may be
subject to potential review by a boundary review board
under chapter 36.93 RCW. [1996 c 230 § 1201; 1989 c 84
§ 61.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.36.010 Merger of districts authorized. Whenever
one or more districts desire to merge into another district,
the district or districts desiring to merge into the other
district shall be referred to as the "merging district" or
"merging districts" and the district into which the merging
district or districts desire to merge shall be referred to as the
"merger district." After the merger, the merger district shall
survive under its original name or number. [1996 c 230 §
1202; 1989 c 308 § 12; 1982 1st ex.s. c 17 § 29; 1967 ex.s.
c 39 § 3; 1961 c 28 § 1.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.36.020 Initiation of merger—Procedure. A
merger of districts may be initiated in either of the following
ways:
(1) Whenever the boards of commissioners of districts
determine by resolution that the merger of such districts shall
be conducive to the public health, welfare, and convenience
and to be of special benefit to the lands of such districts.
(2) Whenever ten percent of the voters residing within
the merging district or districts petition the board of commissioners of the merging district or districts for a merger, and
the board of commissioners of the merger district determines
by resolution that the merger of the districts shall be conducive to the public health, welfare, and convenience of the
districts. [1996 c 230 § 1203; 1967 ex.s. c 39 § 4; 1961 c
28 § 2.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.36.030 Agreement—Certification to county
auditor—Election—Notice, conduct. Whenever a merger
is initiated in either of the two ways provided under this
chapter, the boards of commissioners of the districts shall
enter into an agreement providing for the merger. The
agreement must be entered into within ninety days following
completion of the last act in initiation of the merger.
The respective boards of commissioners shall certify the
agreement to the county auditor of each county in which the
districts are located. Each county auditor shall call a special
election for the purpose of submitting to the voters of the
respective districts the proposition of whether the merging
district or districts shall be merged into the merger district.
Notice of the elections shall be given and the elections
conducted in accordance with the general election laws.
[1996 c 230 § 1204; 1982 1st ex.s. c 17 § 33; 1967 ex.s. c
39 § 5; 1961 c 28 § 3.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.36.040 When merger effective—Cessation of
merging district—Commissioners. If at such election a
majority of the voters of the merging district or districts shall
vote in favor of the merger, the merger shall be authorized.
The merger shall be effective and the merging district or
districts shall cease to exist and shall become a part of the
merger district, upon the certification of the election results.
The commissioners of the merging district or districts shall
hold office as commissioners of the new merged district until
their respective terms of office expire or until they resign
from office if the resignation is before the expiration of their
terms of office. The election of commissioners in the
merger district after the merger shall occur as provided in
RCW 57.32.130 in a consolidated district after the consolidation. [1999 c 153 § 23; 1996 c 230 § 1205; 1982 c 104 § 2;
1967 ex.s. c 39 § 6; 1961 c 28 § 4.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.36.050 Vesting of funds and property in merger
district—Outstanding indebtedness. All funds and
property, real and personal, of the merging district or
districts, shall vest in and become the property of the merger
district. Unless the agreement of merger provides to the
contrary, any outstanding indebtedness of any form, owed by
the districts, shall remain the obligation of the area of the
original debtor district; and the commissioners of the merger
district shall make such levies, assessments, or charges for
service upon such area or the users therein as shall pay off
such indebtedness at maturity. [1996 c 230 § 1207; 1967
ex.s. c 39 § 7; 1961 c 28 § 5.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.36.060 Persons serving on both boards to hold
only one position after merger. A person who serves on
the board of commissioners of a merging district and a
merger district shall hold only one position on the board of
commissioners of the merger district and shall only receive
compensation, expenses, and benefits that are available to a
single commissioner. [1996 c 230 § 1206; 1988 c 162 § 4.
Formerly RCW 57.40.135.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Chapter 57.42
DISPOSITION OF PROPERTY TO PUBLIC
UTILITY DISTRICT
Sections
57.42.010
57.42.020
57.42.030
[Title 57 RCW—page 42]
Authorized.
Disposition must be in public interest—Filings—
Indebtedness.
Hearing—Notice—Decree.
(2002 Ed.)
Disposition of Property to Public Utility District
57.42.010 Authorized. Subject to the provisions of
RCW 57.42.020 and 57.42.030, any district created under the
provisions of this title may sell, transfer, exchange, lease or
otherwise dispose of any property, real or personal, or
property rights, including but not limited to the title to real
property, to a public utility district in the same county on
such terms as may be mutually agreed upon by the board of
commissioners of each district. [1996 c 230 § 1301; 1973
1st ex.s. c 56 § 1.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.42.020 Disposition must be in public interest—
Filings—Indebtedness. No district shall dispose of its
property to a public utility district unless the respective
board of commissioners of each district shall determine by
resolution that such disposition is in the public interest and
conducive to the public health, welfare, and convenience.
Copies of each resolution, together with copies of the
proposed disposition agreement, shall be filed with the
legislative authority of the county in which the district is
located and with the superior court of that county. Unless
the proposed agreement provides otherwise, any outstanding
indebtedness of any form owed by the water district shall
remain the obligation of the area of the district, and the
board of commissioners of the public utility district shall be
empowered to make such levies, assessments, or charges
upon that area or the water, sewer, or drainage users therein
as shall pay off the indebtedness at maturity. [1996 c 230
§ 1302; 1973 1st ex.s. c 56 § 2.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.42.030 Hearing—Notice—Decree. Within ninety
days after the resolutions and proposed agreement have been
filed with the court, the court shall fix a date for a hearing
and shall direct that notice of the hearing be given by
publication. After reviewing the proposed agreement and
considering other evidence presented at the hearing, the court
may determine by decree that the proposed disposition is in
the public interest and conducive to the public health,
welfare, and convenience. In addition, the decree shall
authorize the payment of all or a portion of the indebtedness
of the district relating to property disposed of under such
decree. Pursuant to the court decree, the district shall
dispose of its property under the terms of the disposition
agreement with the public utility district. [1996 c 230 §
1303; 1973 1st ex.s. c 56 § 3.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Chapter 57.46
VOLUNTARY CONTRIBUTIONS TO ASSIST
LOW-INCOME CUSTOMERS
Sections
57.46.010
57.46.020
57.46.030
(2002 Ed.)
57.42.010
57.46.010 Voluntary contributions to assist lowincome residential customers—Administration. A district
may include along with, or as part of its regular customer
billings, a request for voluntary contributions to assist
qualified low-income residential customers of the district in
paying their district bills. All funds received by the district
in response to such requests shall be transmitted to the
grantee of the department of community, trade, and economic development which administers federally funded energy
assistance programs for the state in the district’s service area
or to a charitable organization within the district’s service
area. All such funds shall be used solely to supplement
assistance to low-income residential customers of the district
in paying their district bills. The grantee or charitable
organization shall be responsible to determine which of the
district’s customers are qualified for low-income assistance
and the amount of assistance to be provided to those who are
qualified. [1996 c 230 § 1401; 1995 c 399 § 149; 1993 c 45
§ 5.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.46.020 Disbursement of contributions—
Quarterly report. All assistance provided under this
chapter shall be disbursed by the grantee or charitable
organization. Where possible the district shall be paid on
behalf of the customer by the grantee or the charitable
organization. When direct vendor payment is not feasible,
a check shall be issued jointly payable to the customer and
the district. The availability of funds for assistance to a
district’s low-income customers as a result of voluntary
contributions shall not reduce the amount of assistance for
which the district’s customers are eligible under the federally
funded energy assistance programs administered by the
grantee of the department of community, trade, and economic development within the district’s service area. The
grantee or charitable organization shall provide the district
with a quarterly report on January 15th, April 15th, July
15th, and October 15th which includes information concerning the total amount of funds received from the district, the
names of all recipients of assistance from these funds, the
amount received by each recipient, and the amount of funds
received from the district currently on hand and available for
future low-income assistance. [1996 c 230 § 1402; 1995 c
399 § 150; 1993 c 45 § 6.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.46.030 Contributions not considered commingling of funds. Contributions received under a program
implemented by a district in compliance with this chapter
shall not be considered a commingling of funds. [1996 c
230 § 1403; 1993 c 45 § 7.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Voluntary contributions to assist low-income residential
customers—Administration.
Disbursement of contributions—Quarterly report.
Contributions not considered commingling of funds.
[Title 57 RCW—page 43]
Chapter 57.90
Title 57 RCW: Water-Sewer Districts
Chapter 57.90
DISINCORPORATION OF DISTRICTS IN
COUNTIES WITH 210,000 POPULATION OR MORE
Sections
57.90.001
57.90.010
57.90.020
57.90.030
57.90.040
57.90.050
57.90.100
Actions subject to review by boundary review board.
Disincorporation authorized.
Proceedings, how commenced—Public hearings.
Findings—Order—Supervision of liquidation.
Distribution of assets.
Assessments to retire indebtedness.
Disposal of real property on abandonment of irrigation district right of way—Right of adjacent owners.
Dissolution of
port districts: RCW 53.46.060.
water-sewer districts: Chapter 57.04 RCW.
57.90.001 Actions subject to review by boundary
review board. Actions taken under this chapter may be
subject to potential review by a boundary review board
under chapter 36.93 RCW. [1996 c 230 § 1501; 1989 c 84
§ 63.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.90.010 Disincorporation authorized. Watersewer, park and recreation, metropolitan park, county rural
library, cemetery, flood control, mosquito control, diking and
drainage, irrigation or reclamation, weed, health, or fire
protection districts, and any air pollution control authority,
hereinafter referred to as "special districts," which are
located wholly or in part within a county with a population
of two hundred ten thousand or more may be disincorporated
when the district has not actively carried out any of the
special purposes or functions for which it was formed within
the preceding consecutive five-year period. [1999 c 153 §
24; 1996 c 230 § 1502; 1991 c 363 § 137; 1979 ex.s. c 30
§ 11; 1963 c 55 § 1.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
57.90.020 Proceedings, how commenced—Public
hearings. Upon the filing with the county legislative
authority of each county in which the district is located of a
resolution of any governmental unit calling for the disincorporation of a special district, or upon the filing with the
county legislative authority of each county in which the
district is located of the petition of twenty percent of the
voters within a special district calling for the disincorporation of the special district, the county legislative authority
shall hold public hearings to determine whether or not any
services have been provided within a consecutive five year
period and whether the best interests of all persons concerned will be served by the proposed dissolution of the
special district. [1996 c 230 § 1503; 1982 1st ex.s. c 17 §
35; 1963 c 55 § 2.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
[Title 57 RCW—page 44]
57.90.030 Findings—Order—Supervision of liquidation. If the county legislative authority finds that no
services have been provided within the preceding consecutive five-year period and that the best interests of all persons
concerned will be served by disincorporating the special
district, it shall order that such action be taken, specify the
manner in which it is to be accomplished and supervise the
liquidation of any assets and the satisfaction of any outstanding indebtedness. [1996 c 230 § 1504; 1963 c 55 § 3.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.90.040 Distribution of assets. If a special district
is disincorporated the proceeds of the sale of any of its
assets, together with money on hand in the treasury of the
special district, shall after payment of all costs and expenses
and all outstanding indebtedness be paid to the county
treasurer to be placed to the credit of the school district, or
districts, in which such special district is situated. [1996 c
230 § 1505; 1963 c 55 § 4.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.90.050 Assessments to retire indebtedness. If a
special district is disincorporated and the proceeds of the sale
of any of its assets, together with money on hand in the
treasury of the special district, are insufficient to retire any
outstanding indebtedness, together with all costs and expenses of liquidation, the county legislative authority shall levy
assessments in the manner provided by law against the
property in the special district in amounts sufficient to retire
the indebtedness and pay the costs and expenses. [1996 c
230 § 1506; 1963 c 55 § 5.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
57.90.100 Disposal of real property on abandonment of irrigation district right of way—Right of adjacent owners. Whenever as the result of abandonment of an
irrigation district right of way real property held by an
irrigation district is to be sold or otherwise disposed of,
notice shall be given to the owners of the lands adjoining
that real property and such owners shall have the right of
first refusal to purchase at the appraised price all or any part
of the real property to be sold or otherwise disposed of
which adjoins or is adjacent to their land.
Real property to be sold or otherwise disposed of under
this section shall have been first appraised by the county
assessor or by a person designated by the county assessor.
Notice under this section shall be sufficient if sent by
registered mail to the owner at the address shown in the tax
records of the county in which the land is situated. Notice
under this section shall be in addition to any notice required
by law.
After sixty days from the date of sending of notice, if
no applications for purchase have been received by the
irrigation district or other person or entity sending notice, the
rights of first refusal of owners of adjoining lands shall be
deemed to have been waived, and the real property may be
disposed of or sold.
(2002 Ed.)
Disincorporation of Districts in Counties With 210,000 Population or More
57.90.100
If two or more owners of adjoining lands apply to
purchase the same real property, or apply to purchase
overlapping parts of the real property, the respective rights
of the applicants may be determined in the superior court of
the county in which the real property is situated. The court
may divide the real property in question between some or all
of the applicants or award the whole to one applicant, as
justice may require. [1996 c 230 § 1507; 1971 ex.s. c 125
§ 1.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
(2002 Ed.)
[Title 57 RCW—page 45]
Title 58
BOUNDARIES AND PLATS
Chapters
58.04
58.08
58.09
58.10
58.17
58.18
58.19
58.20
58.22
58.24
58.28
Boundaries.
Plats—Recording.
Surveys—Recording.
Defective plats legalized.
Plats—Subdivisions—Dedications.
Assessor’s plats.
Land development act.
Washington coordinate system.
State base mapping system.
State agency for surveys and maps—Fees.
Townsites on United States land—Acquisition
of land.
Auditor, duties
index of instruments, how made and kept: RCW 65.04.050.
instruments to be recorded or filed: RCW 65.04.030.
Auditor’s fees (recording plats): RCW 36.18.010.
Boundaries: See notes following chapter 58.04 RCW digest.
Cemetery property—Plats: Chapter 68.24 RCW.
Cities and towns
petition required on incorporation: Chapter 35.02 RCW.
streets
annual report to secretary of transportation: RCW 35.21.260.
vacation: Chapter 35.79 RCW.
Counties
abandoned state highways (description): RCW 36.75.090.
county commissioners—Record of surveys: RCW 36.32.380.
roads and bridges—Establishment: Chapter 36.81 RCW.
vacation: Chapter 36.87 RCW.
Diking districts—Plat of reclaimed land—Benefits to be determined and
paid: RCW 85.05.540.
Diking, drainage, and sewerage improvement districts, platting: Chapter
85.08 RCW.
Highway plat book: RCW 36.80.050.
Levy for continuous benefits, diking districts—Roll of property protected:
RCW 85.18.020.
Private ditches and drains—Report of viewers—Plat: RCW 85.28.050.
Property tax—Listing—Plat of irregular subdivided tracts: RCW 84.40.170.
Public lands
right of way for roads and streets (plat to be filed): RCW 79.01.340.
sales, leases—Maximum area of urban or suburban state land—Platting:
RCW 79.01.100.
vacation of plat by commissioner: RCW 79.01.104.
vacation of waterways—Extension of streets: RCW 79.93.060.
vacation on petition—Preference right to purchase: RCW 79.01.108.
Real property and conveyances: Title 64 RCW.
Reclamation and irrigation in United States reclamation areas—Farm units
authorized—Size—Plats—Excess land: RCW 89.12.040.
Reclamation districts of one million acres—General improvement and
divisional districts—Survey: Chapter 89.30 RCW.
Second class tide or shore lands detached from uplands: RCW 79.94.270.
Shellfish cultivation or other aquaculture use—Survey markers: RCW
79.96.040.
Tide and shore lands, platting, replatting: Chapter 79.94 RCW.
Tidelands, ownership by state: State Constitution Art. 17.
(2002 Ed.)
Chapter 58.04
BOUNDARIES
Sections
58.04.001
58.04.003
58.04.007
Purpose—Remedies.
Definition of surveyor.
Affected landowners may resolve dispute over location of a
point or line—Procedures.
58.04.011 Authorization to enter upon any land or waters for purpose
of resolving dispute.
58.04.015 Disturbing a survey monument—Penalty—Cost.
58.04.020 Suit to establish lost or uncertain boundaries—Mediation
may be required.
58.04.030 Commissioners—Survey and report.
58.04.040 Proceedings, conduct of—Costs.
Cities and towns
jurisdiction over adjacent waters (boundaries adjacent to or fronting
thereon): RCW 35.21.160.
proposed boundaries required on incorporation: Chapter 35.02 RCW.
Counties
actions to establish boundaries: Chapter 36.05 RCW.
boundaries: Chapter 36.04 RCW.
roads and bridges—Establishment—Monuments at government survey
corners: RCW 36.86.050.
survey map, field notes and profiles: RCW 36.81.060.
Dike or ditch as common boundary: RCW 85.28.140.
Diking and drainage districts—Boundaries: Title 85 RCW.
Fences: Chapter 16.60 RCW.
Flood control districts—Boundaries: Title 86 RCW.
Harbor line commission: RCW 79.90.070, 79.92.010.
Public waterway districts—Boundaries: Chapter 91.08 RCW.
Reclamation districts of one million acres—Boundaries to be fixed: RCW
89.30.082.
Relocation of inner harbor line: RCW 79.92.020.
Shellfish cultivation or other aquaculture use—Survey and boundary
markers: RCW 79.96.040.
Soil conservation—Annexation of territory—Boundary change: RCW
89.08.180.
Survey of county boundaries: RCW 36.04.400.
Tidelands, shorelands—Boundary of shorelands when water lowered: RCW
79.94.220.
58.04.001 Purpose—Remedies. The purpose of this
chapter is to provide alternative procedures for fixing
boundary points or lines when they cannot be determined
from the existing public record and landmarks or are
otherwise in dispute. This chapter does not impair, modify,
or supplant any other remedy available at law or equity.
[1996 c 160 § 1.]
58.04.003 Definition of surveyor. As used in this
chapter, "surveyor" means every person authorized to
practice the profession of land surveying under the provisions of chapter 18.43 RCW. [1996 c 160 § 2.]
[Title 58 RCW—page 1]
58.04.007
Title 58 RCW: Boundaries and Plats
58.04.007 Affected landowners may resolve dispute
over location of a point or line—Procedures. Whenever
a point or line determining the boundary between two or
more parcels of real property cannot be identified from the
existing public record, monuments, and landmarks, or is in
dispute, the landowners affected by the determination of the
point or line may resolve any dispute and fix the boundary
point or line by one of the following procedures:
(1) If all of the affected landowners agree to a description and marking of a point or line determining a boundary,
they shall document the agreement in a written instrument,
using appropriate legal descriptions and including a survey
map, filed in accordance with chapter 58.09 RCW. The
written instrument shall be signed and acknowledged by each
party in the manner required for a conveyance of real
property. The agreement is binding upon the parties, their
successors, assigns, heirs and devisees and runs with the
land. The agreement shall be recorded with the real estate
records in the county or counties in which the affected
parcels of real estate or any portion of them is located;
(2) If all of the affected landowners cannot agree to a
point or line determining the boundary between two or more
parcels of real estate, any one of them may bring suit for
determination as provided in RCW 58.04.020. [1996 c 160
§ 3.]
58.04.011 Authorization to enter upon any land or
waters for purpose of resolving dispute. Any surveyor
authorized by the court and the surveyor’s employees may,
without liability for trespass, enter upon any land or waters
and remain there while performing the duties as required in
RCW 58.04.001 through 58.04.007 and this section. The
persons named in this section may, without liability for trespass, investigate, construct, or place a monument or reference monuments for the position of any land boundary mark
or general land office corner or mark and subdivisional
corners thereof. Persons entering lands under the authority
of RCW 58.04.001 through 58.04.007 and this section must
exercise due care not to damage property while on land or
waters performing their duties, and are liable for property
damage, if any, caused by their negligence or willful
misconduct. Where practical, the persons named in this
section must announce and identify themselves and their
intention before entering upon private property in the
performance of their duties. [1996 c 160 § 4.]
58.04.015 Disturbing a survey monument—
Penalty—Cost. A person who intentionally disturbs a
survey monument placed by a surveyor in the performance
of the surveyor’s duties is guilty of a gross misdemeanor and
is liable for the cost of the reestablishment. [1996 c 160 §
5.]
58.04.020 Suit to establish lost or uncertain boundaries—Mediation may be required. (1) Whenever the
boundaries of lands between two or more adjoining proprietors have been lost, or by time, accident or any other
cause, have become obscure, or uncertain, and the adjoining
proprietors cannot agree to establish the same, one or more
of the adjoining proprietors may bring a civil action in
equity, in the superior court, for the county in which such
[Title 58 RCW—page 2]
lands, or part of them are situated, and that superior court,
as a court of equity, may upon the complaint, order such lost
or uncertain boundaries to be erected and established and
properly marked.
(2) The superior court may order the parties to utilize
mediation before the civil action is allowed to proceed.
[1996 c 160 § 8; 1886 p 104 § 1; RRS § 947.]
58.04.030 Commissioners—Survey and report. Said
court may, in its discretion, appoint commissioners, not
exceeding three competent and disinterested persons, one or
more of whom shall be practical surveyors, residents of the
state, which commissioners shall be, before entering upon
their duties, duly sworn to perform their said duties faithfully, and the said commissioners shall thereupon, survey, erect,
establish and properly mark said boundaries, and return to
the court a plat of said survey, and the field notes thereof,
together with their report. Said report shall be advisory and
either party may except thereto, in the same manner as to a
report of referees. [1886 p 105 § 2; RRS § 948.]
58.04.040 Proceedings, conduct of—Costs. The
proceedings shall be conducted as other civil actions, and the
court, on final decree, shall apportion the costs of the
proceedings equitably, and the cost so apportioned, shall be
a lien upon the said lands, severally, as against any transfer
or incumbrance made of, or attaching to said lands, from the
time of the filing of the complaint: PROVIDED, A notice
of lis pendens, is filed in the auditor’s office of the proper
county, in accordance with law. [1886 p 105 § 3; RRS §
949.]
Chapter 58.08
PLATS—RECORDING
Sections
58.08.010
58.08.015
58.08.020
58.08.030
Town plat to be recorded—Requisites.
Effect of donation marked on plat.
Additions.
Plats to be acknowledged—Certificate that taxes and assessments are paid.
58.08.035 Platted streets, public highways—Lack of compliance, penalty.
58.08.040 Deposit to cover anticipated taxes and assessments.
58.08.050 Official plat—Platted streets as public highways.
Cities and towns—Recording of ordinance and plat on effective date of
reduction: RCW 35.16.050.
Record of platted tide and shore lands: RCW 79.94.040.
58.08.010 Town plat to be recorded—Requisites.
Any person or persons, who may hereafter lay off any town
within this state, shall, previous to the sale of any lots within
such town, cause to be recorded in the recorder’s office of
the county wherein the same may lie, a plat of said town,
with the public grounds, (if any there be,) streets, lanes and
alleys, with their respective widths properly marked, and the
lots regularly numbered, and the size stated on said plat.
[Code 1881 § 2328; 1862 p 431 § 1; 1857 p 25 § 1; RRS §
9288.]
58.08.015 Effect of donation marked on plat. Every
donation or grant to the public, or to any individual or
(2002 Ed.)
Plats—Recording
individuals, religious society or societies, or to any corporation or body politic, marked or noted as such on the plat of
the town, or wherein such donation or grant may have been
made, shall be considered, to all intents and purposes, as a
quitclaim deed to the said donee or donees, grantee or
grantees, for his, her or their use, for the purposes intended
by the donor or donors, grantor or grantors, as aforesaid.
[Code 1881 § 2329; 1862 p 431 § 2; 1857 p 26 § 2; RRS §
9310. Formerly RCW 58.08.060.]
58.08.020 Additions. Every person hereinafter laying
off any lots in addition to any town, shall, previous to the
sale of such lots, have the same recorded under the like
regulations as are provided for recording the original plat of
said town, and thereafter the same shall be considered an
addition thereto. [Code 1881 § 2330; 1862 p 431 § 3; 1857
p 26 § 3; RRS § 9289.]
58.08.030 Plats to be acknowledged—Certificate
that taxes and assessments are paid. Every person whose
duty it may be to comply with the foregoing regulations
shall at or before the time of offering such plat for record,
acknowledge the same before the auditor of the proper
county, or any other officer who is authorized by law to take
acknowledgment of deeds, a certificate of which acknowledgment shall be indorsed on or annexed to such plat and
recorded therewith. In all cases where any person or
persons, corporation or corporations shall desire to file a
plat, map, subdivision or replat of any property or shall
desire to vacate the whole or any portion of any existing
plat, map, subdivision or replat, such person or persons,
corporation or corporations must, at the time of filing the
same for record or of filing a petition for vacation thereof,
file therewith a certificate from the proper officer or officers
who may be in charge of the collection of taxes for which
the property affected may be liable at that date, that all taxes
which have been levied and become chargeable against such
property at such date have been duly paid, satisfied and
discharged and must file therewith a certificate from the
proper officer or officers, who may be in charge of the
collections, that all delinquent assessments for which the
property affected may be liable at that date and that all
special assessments assessed against said property, which,
under the plat filed, become streets, alleys and other public
places, have been paid. [1927 c 188 § 1; 1893 c 129 § 1;
Code 1881 § 2331; 1862 p 431 § 4; 1857 p 26 § 4; RRS §
9290.]
Acknowledgments: Chapter 64.08 RCW.
Taxes collected by treasurer—Dates of delinquency: RCW 84.56.020.
58.08.035 Platted streets, public highways—Lack of
compliance, penalty. All streets, lanes and alleys, laid off
and recorded in accordance with *the foregoing provisions,
shall be considered, to all intents and purposes, public
highways, and any person who may lay off any town or any
addition to any town in this state, and neglect or refuse to
comply with the requisitions aforesaid, shall forfeit and pay
for the use of said town, for every month he may delay a
compliance with the provisions of this chapter, a sum not
exceeding one hundred dollars, nor less than five dollars, to
be recovered by civil action, in the name of the treasurer of
(2002 Ed.)
58.08.015
the county. [Code 1881 § 2332; 1862 p 431 § 5; 1857 p 26
§ 5; no RRS.]
*Reviser’s note: "the foregoing provisions" refer to earlier sections
of chapter 178, Code of 1881 codified (as amended) in RCW 58.08.010
through 58.08.030.
Platted streets as public highways: RCW 58.08.050.
Regulation of surveys and plats: RCW 58.10.040.
58.08.040 Deposit to cover anticipated taxes and
assessments. Prior to any person recording a plat, replat,
altered plat, or binding site plan subsequent to May 31st in
any year and prior to the date of the collection of taxes in
the ensuing year, the person shall deposit with the county
treasurer a sum equal to the product of the county assessor’s
latest valuation on the property less improvements in such
subdivision multiplied by the current year’s dollar rate
increased by twenty-five percent on the property platted.
The treasurer’s receipt shall be evidence of the payment.
The treasurer shall appropriate so much of the deposit as will
pay the taxes and assessments on the property when the levy
rates are certified by the assessor using the value of the
property at the time of filing a plat, replat, altered plat, or
binding site plan, and in case the sum deposited is in excess
of the amount necessary for the payment of the taxes and
assessments, the treasurer shall return, to the party depositing, the amount of excess. [1997 c 393 § 11; 1994 c 301 §
16; 1991 c 245 § 14; 1989 c 378 § 2; 1973 1st ex.s. c 195
§ 74; 1969 ex.s. c 271 § 34; 1963 c 66 § 1; 1909 c 200 § 1;
1907 c 44 § 1; 1893 c 129 § 2; RRS § 9291.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—1969 ex.s. c 271: See RCW 58.17.910.
Assessment date: RCW 84.40.020.
Property taxes—Collection of taxes: Chapter 84.56 RCW.
58.08.050 Official plat—Platted streets as public
highways. Whenever any city or town has been surveyed
and platted and a plat thereof showing the roads, streets and
alleys has been filed in the office of the auditor of the
county in which such city or town is located, such plat shall
be deemed the official plat of such city, or town, and all
roads, streets and alleys in such city or town as shown by
such plat, be and the same are declared public highways:
PROVIDING, That nothing herein shall apply to any part of
a city or town that has been vacated according to law.
[Code 1881 § 3049; 1877 p 314 § 1; RRS § 9292.]
Platted streets, public highways—Lack of compliance, penalty: RCW
58.08.035.
Streets and alleys over first class tidelands—Control of: RCW 35.21.250.
Streets over tidelands declared public highways: RCW 35.21.230.
Chapter 58.09
SURVEYS—RECORDING
Sections
58.09.010
58.09.020
58.09.030
58.09.040
58.09.050
58.09.060
Purpose—Short title.
Definitions.
Compliance with chapter required.
Records of survey—Contents—Filing—Replacing corner,
filing record.
Records of survey—Processing—Requirements.
Records of survey, contents—Record of corner, information.
[Title 58 RCW—page 3]
Chapter 58.09
58.09.070
58.09.080
58.09.090
58.09.100
58.09.110
58.09.120
58.09.130
58.09.140
58.09.900
Title 58 RCW: Boundaries and Plats
Coordinates—Map showing control scheme required.
Certificates—Required—Forms.
When record of survey not required.
Filing fee.
Duties of county auditor.
Monuments—Requirements.
Monuments disturbed by construction activities—
Procedure—Requirements.
Noncompliance grounds for revocation of land surveyor’s
license.
Severability—1973 c 50.
58.09.010 Purpose—Short title. The purpose of this
chapter is to provide a method for preserving evidence of
land surveys by establishing standards and procedures for
monumenting and for recording a public record of the
surveys. Its provisions shall be deemed supplementary to
existing laws relating to surveys, subdivisions, platting, and
boundaries.
This chapter shall be known and may be cited as the
"Survey Recording Act". [1973 c 50 § 1.]
58.09.020 Definitions. As used in this chapter:
(1) "Land surveyor" shall mean every person authorized
to practice the profession of land surveying under the
provisions of chapter 18.43 RCW, as now or hereafter
amended.
(2) "Washington coordinate system" shall mean that
system of plane coordinates as established and designated by
chapter 58.20 RCW.
(3) "Survey" shall mean the locating and monumenting
in accordance with sound principles of land surveying by or
under the supervision of a licensed land surveyor, of points
or lines which define the exterior boundary or boundaries
common to two or more ownerships or which reestablish or
restore general land office corners. [1973 c 50 § 2.]
58.09.030 Compliance with chapter required. Any
land surveyor engaged in the practice of land surveying may
prepare maps, plats, reports, descriptions, or other documentary evidence in connection therewith.
Every map, plat, report, description, or other document
issued by a licensed land surveyor shall comply with the
provisions of this chapter whenever such map, plat, report,
description, or other document is filed as a public record.
It shall be unlawful for any person to sign, stamp, or
seal any map, report, plat, description, or other document for
filing under this chapter unless he be a land surveyor. [1973
c 50 § 3.]
58.09.040 Records of survey—Contents—Filing—
Replacing corner, filing record. After making a survey in
conformity with sound principles of land surveying, a land
surveyor may file a record of survey with the county auditor
in the county or counties wherein the lands surveyed are
situated.
(1) It shall be mandatory, within ninety days after the
establishment, reestablishment or restoration of a corner on
the boundary of two or more ownerships or general land
office corner by survey that a land surveyor shall file with
the county auditor in the county or counties wherein the
lands surveyed are situated a record of such survey, in such
[Title 58 RCW—page 4]
form as to meet the requirements of this chapter, which
through accepted survey procedures, shall disclose:
(a) The establishment of a corner which materially
varies from the description of record;
(b) The establishment of one or more property corners
not previously existing;
(c) Evidence that reasonable analysis might result in
alternate positions of lines or points as a result of an
ambiguity in the description;
(d) The reestablishment of lost government land office
corners.
(2) When a licensed land surveyor, while conducting
work of a preliminary nature or other activity that does not
constitute a survey required by law to be recorded, replaces
or restores an existing or obliterated general land office
corner, it is mandatory that, within ninety days thereafter, he
shall file with the county auditor in the county in which said
corner is located a record of the monuments and accessories
found or placed at the corner location, in such form as to
meet the requirements of this chapter. [1973 c 50 § 4.]
58.09.050 Records of survey—Processing—
Requirements. The records of survey to be filed under
authority of this chapter shall be processed as follows:
(1)(a) The record of survey filed under RCW
58.09.040(1) shall be an original map, eighteen by twentyfour inches, that is legibly drawn in black ink on mylar and
is suitable for producing legible prints through scanning,
microfilming, or other standard copying procedures.
(b) The following are allowable formats for the original
that may be used in lieu of the format set forth under (a) of
this subsection:
(i) Photo mylar with original signatures;
(ii) Any standard material as long as the format is
compatible with the auditor’s recording process and records
storage system. This format is only allowed in those
counties that are excepted from permanently storing the
original document as required in RCW 58.09.110(5);
(iii) An electronic version of the original if the county
has the capability to accept a digital signature issued by a
licensed certification authority under chapter 19.34 RCW or
a certification authority under the rules adopted by the
Washington state board of registration for professional engineers and land surveyors, and can import electronic files into
an imaging system. The electronic version shall be a
standard raster file format acceptable to the county.
A two inch margin on the left edge and a one-half inch
margin on other edges of the map shall be provided. The
auditor shall reject for recording any maps not suitable for
producing legible prints through scanning, microfilming, or
other standard copying procedures.
(2) Information required by RCW 58.09.040(2) shall be
filed on a standard form eight and one-half inches by
fourteen inches as designed and prescribed by the department
of natural resources. The auditor shall reject for recording
any records of corner information not suitable for producing
legible prints through scanning, microfilming, or other
standard copying procedures. An electronic version of the
standard form may be filed if the county has the capability
to accept a digital signature issued by a licensed certification
authority under chapter 19.34 RCW or a certification
(2002 Ed.)
Surveys—Recording
authority under the rules adopted by the Washington state
board of registration for professional engineers and land
surveyors, and can import electronic files into an imaging
system. The electronic version shall be a standard raster file
format acceptable to the county.
(3) Two legible prints of each record of survey as
required under the provisions of this chapter shall be
furnished to the county auditor in the county in which the
survey is to be recorded. The auditor, in those counties
using imaging systems, may require only the original, and
fewer prints, as needed, to meet the requirements of their
duties. If any of the prints submitted are not suitable for
scanning or microfilming the auditor shall not record the
original.
(4) Legibility requirements are set forth in the recorder’s
checklist under RCW 58.09.110. [1999 c 39 § 1; 1973 c 50
§ 5.]
58.09.060 Records of survey, contents—Record of
corner, information. (1) The record of survey as required
by RCW 58.09.040(1) shall show:
(a) All monuments found, set, reset, replaced, or
removed, describing their kind, size, and location and giving
other data relating thereto;
(b) Bearing trees, corner accessories or witness monuments, basis of bearings, bearing and length of lines, scale
of map, and north arrow;
(c) Name and legal description of tract in which the
survey is located and ties to adjoining surveys of record;
(d) Certificates required by RCW 58.09.080;
(e) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines
and areas shown.
(2) The record of corner information as required by
RCW 58.09.040(2) shall be on a standard form showing:
(a) An accurate description and location, in reference to
the corner position, of all monuments and accessories found
at the corner;
(b) An accurate description and location, in reference to
the corner position, of all monuments and accessories placed
or replaced at the corner;
(c) Basis of bearings used to describe or locate such
monuments or accessories;
(d) Corollary information that may be helpful to relocate
or identify the corner position;
(e) Certificate required by RCW 58.09.080. [1973 c 50
§ 6.]
58.09.070 Coordinates—Map showing control
scheme required. When coordinates in the Washington
coordinate system are shown for points on a record of survey
map, the map may not be recorded unless it also shows, or
is accompanied by a map showing, the control scheme
through which the coordinates were determined from points
of known coordinates. [1973 c 50 § 7.]
58.09.080 Certificates—Required—Forms. Certificates shall appear on the record of survey map as follows:
(2002 Ed.)
58.09.050
SURVEYOR’S CERTIFICATE
This map correctly represents a survey made by me or
under my direction in conformance with the requirements of
the Survey Recording Act at the request of . . . . . . . . . in
. . . . . ., 19. . .
Name of Person
(Signed and Sealed) . . . . . . . . . . . . . .
Certificate No. . . . . . . . . . . . . . . . . .
AUDITOR’S CERTIFICATE
Filed for record this . . . . day of . . . . . ., 19. . . at
. . . . .M. in book . . . . of . . . . at page . . . . at the request
of . . . . . . . . .
(Signed) . . . . . . . . . . . . . . . . . . .
County Auditor
[1973 c 50 § 8.]
58.09.090 When record of survey not required. (1)
A record of survey is not required of any survey:
(a) When it has been made by a public officer in his
official capacity and a reproducible copy thereof has been
filed with the county engineer of the county in which the
land is located. A map so filed shall be indexed and kept
available for public inspection. A record of survey shall not
be required of a survey made by the United States bureau of
land management. A state agency conducting surveys to
carry out the program of the agency shall not be required to
use a land surveyor as defined by this chapter;
(b) When it is of a preliminary nature;
(c) When a map is in preparation for recording or shall
have been recorded in the county under any local subdivision
or platting law or ordinance;
(d) When it is a retracement or resurvey of boundaries
of platted lots, tracts, or parcels shown on a filed or recorded
and surveyed subdivision plat or filed or recorded and
surveyed short subdivision plat in which monuments have
been set to mark all corners of the block or street centerline
intersections, provided that no discrepancy is found as
compared to said recorded information or information
revealed on other subsequent public survey map records,
such as a record of survey or city or county engineer’s map.
If a discrepancy is found, that discrepancy must be clearly
shown on the face of the required new record of survey. For
purposes of this exemption, the term discrepancy shall
include:
(i) A nonexisting or displaced original or replacement
monument from which the parcel is defined and which
nonexistence or displacement has not been previously revealed in the public record;
(ii) A departure from proportionate measure solutions
which has not been revealed in the public record;
(iii) The presence of any physical evidence of encroachment or overlap by occupation or improvement; or
(iv) Differences in linear and/or angular measurement
between all controlling monuments that would indicate
differences in spatial relationship between said controlling
monuments in excess of 0.50 feet when compared with all
locations of public record: That is, if these measurements
agree with any previously existing public record plat or map
[Title 58 RCW—page 5]
58.09.090
Title 58 RCW: Boundaries and Plats
within the stated tolerance, a discrepancy will not be deemed
to exist under this subsection.
(2) Surveys exempted by foregoing subsections of this
section shall require filing of a record of corner information
pursuant to RCW 58.09.040(2). [1992 c 106 § 1; 1973 c 50
§ 9.]
58.09.100 Filing fee. The charge for filing any record
of survey and/or record of corner information shall be fixed
by the board of county commissioners. [1973 c 50 § 10.]
58.09.110 Duties of county auditor. The auditor
shall accept for recording those records of survey and
records of corner information that are in compliance with the
recorder’s checklist as jointly developed by a committee
consisting of the survey advisory board and two representatives from the Washington state association of county
auditors. This checklist shall be adopted in rules by the
department of natural resources.
(1) The auditor shall keep proper indexes of such record
of survey by the name of owner and by quarter-quarter
section, township, and range, with reference to other legal
subdivisions.
(2) The auditor shall keep proper indexes of the record
of corner information by section, township, and range.
(3) After entering the recording data on the record of
survey and all prints received from the surveyor, the auditor
shall send one of the surveyor’s prints to the department of
natural resources in Olympia, Washington, for incorporation
into the statewide survey records repository. However, the
county and the department of natural resources may mutually
agree to process the original or an electronic version of the
original in lieu of the surveyor’s print.
(4) After entering the recording data on the record of
corner information the auditor shall send a legible copy,
suitable for scanning, to the department of natural resources
in Olympia, Washington. However, the county and the
department of natural resources may mutually agree to
process the original or an electronic version of the original
in lieu of the copy.
(5) The auditor shall permanently keep the original
document filed using storage and handling processes that do
not cause excessive deterioration of the document. A county
may be excepted from the requirement to permanently store
the original document if it has a document scanning, filming,
or other process that creates a permanent, archival record
that meets or surpasses the standards as adopted in rule by
the division of archives and records management in chapter
434-663 or 434-677 WAC. The auditor must be able to
provide full-size copies upon request. The auditor shall
maintain a copy or image of the original for public reference.
(6) If the county has the capability to accept a digital
signature issued by a licensed certification authority under
chapter 19.34 RCW or a certification authority under the
rules adopted by the Washington state board of registration
for professional engineers and land surveyors, and can
import electronic files into an imaging system, the auditor
may accept for recording electronic versions of the documents required by this chapter. The electronic version shall
be a standard raster file format acceptable to the county.
[Title 58 RCW—page 6]
(7) This section does not supersede other existing
recording statutes. [1999 c 39 § 2; 1973 c 50 § 11.]
58.09.120 Monuments—Requirements. Any
monument set by a land surveyor to mark or reference a
point on a property or land line shall be permanently marked
or tagged with the certificate number of the land surveyor
setting it. If the monument is set by a public officer it shall
be marked by an appropriate official designation.
Monuments set by a land surveyor shall be sufficient in
number and durability and shall be efficiently placed so as
not to be readily disturbed in order to assure, together with
monuments already existing, the perpetuation or reestablishment of any point or line of a survey. [1973 c 50 § 12.]
58.09.130 Monuments disturbed by construction
activities—Procedure—Requirements. When adequate
records exist as to the location of subdivision, tract, street,
or highway monuments, such monuments shall be located
and referenced by or under the direction of a land surveyor
at the time when streets or highways are reconstructed or
relocated, or when other construction or activity affects their
perpetuation. Whenever practical a suitable monument shall
be reset in the surface of the new construction. In all other
cases permanent witness monuments shall be set to perpetuate the location of preexisting monuments. Additionally,
sufficient controlling monuments shall be retained or
replaced in their original positions to enable land lines,
property corners, elevations and tract boundaries to be
reestablished without requiring surveys originating from
monuments other than the ones disturbed by the current construction or activity.
It shall be the responsibility of the governmental agency
or others performing construction work or other activity to
provide for the monumentation required by this section. It
shall be the duty of every land surveyor to cooperate with
such governmental agency or other person in matters of
maps, field notes, and other pertinent records. Monuments
set to mark the limiting lines of highways, roads, or streets
shall not be deemed adequate for this purpose unless
specifically noted on the records of the improvement works
with direct ties in bearing or azimuth and distance between
those and other monuments of record. [1973 c 50 § 13.]
58.09.140 Noncompliance grounds for revocation of
land surveyor’s license. Noncompliance with any provision
of this chapter, as it now exists or may hereafter be amended, shall constitute grounds for revocation of a land
surveyor’s authorization to practice the profession of land
surveying and as further set forth under RCW 18.43.105 and
18.43.110. [1973 c 50 § 14.]
58.09.900 Severability—1973 c 50. If any provision
of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1973 c 50 § 15.]
(2002 Ed.)
Defective Plats Legalized
Chapter 58.10
DEFECTIVE PLATS LEGALIZED
Sections
58.10.010
58.10.020
58.10.030
58.10.040
Defective plats legalized—1881 Code.
Certified copy of plat as evidence.
Resurvey and corrected plat—Corrected plat as evidence.
Regulation of surveys and plats.
58.10.010 Defective plats legalized—1881 Code. All
city or town plats or any addition or additions thereto,
heretofore made and recorded in the county auditor’s office
of any county in Washington state, showing lots, blocks,
streets, alleys or public grounds, shall be conclusive evidence
of the location and size of the lots, blocks and public
grounds and the location and width of each and every street
or alley marked, laid down or appearing on such plat, and
that all the right, title, interest or estate which the person or
persons making or recording such plat, or causing the same
to be made, or recorded, had at the time of making or
recording such plat in or to such streets, alleys or public
grounds was thereby dedicated to public use, whether the
same was made, executed or acknowledged in accordance
with the provisions of the laws of this state in force at the
time of making the same or not. [Code 1881 § 2338; RRS
§ 9306. Formerly RCW 58.08.080.]
58.10.020 Certified copy of plat as evidence. A
copy of any city or town plat or addition thereto recorded in
the manner provided for in RCW 58.10.010, certified by the
county auditor of the county in which the same is recorded
to be a true copy of such record and the whole thereof, shall
be received in evidence in all the courts of this state, with
like effect as the original. [Code 1881 § 2339; RRS § 9307.
Formerly RCW 58.08.070.]
Rules of court: ER 803(a)(14).
Certified copies
of instruments, or transcripts of county commissioners’ proceedings:
RCW 5.44.070.
of recorded instruments as evidence: RCW 5.44.060.
Copies of business and public records as evidence: RCW 5.46.010.
Instruments to be recorded or filed: RCW 65.04.030.
Photostatic or photographic copies of public or business records admissible
in evidence: RCW 40.20.030.
58.10.030 Resurvey and corrected plat—Corrected
plat as evidence. Whenever the recorded plat of any city or
addition thereto does not definitely show the location or size
of lots or blocks, or the location or width of any street or
alley in such city or addition, the city council of the city in
which the land so platted is located, is hereby authorized and
empowered by ordinance and the action of its proper
officers, to cause a new and correct survey and plat of such
city or addition to be made, and recorded in the office of the
county auditor of the county in which such city or addition
is located, which corrected plat shall follow the plan of the
original survey and plat, so far as the same can be ascertained and followed, and a certificate of the officer or surveyor making the same shall be endorsed thereon, referring
to the original plat corrected thereby, and the deficit existing
therein, and corrected by such new survey and plat; and the
ordinance authorizing the making of such plat shall be
(2002 Ed.)
Chapter 58.10
recorded in the office of the county auditor of said county
and said certificate shall show where said ordinance is
recorded, and such plat when so made and recorded, or a
copy thereof certified as provided in RCW 58.10.020 shall
be admissible in evidence in all the courts in this state.
[Code 1881 § 2340; RRS § 9308. Formerly RCW
58.12.130.]
58.10.040 Regulation of surveys and plats. All
incorporated cities in the state of Washington are hereby
authorized and empowered to regulate and prescribe the
manner and form of making any future survey or plat of
lands within their respective limits and enforce such regulations by a fine of not exceeding one hundred dollars, to be
recovered by and in the name of such city, or imprisonment
not exceeding twenty days for each violation of any ordinance regulating such survey and platting: PROVIDED,
That nothing in this chapter shall be construed so as to apply
to additions to towns in which no lots have been sold.
[Code 1881 § 2341; RRS § 9309. Formerly RCW
58.12.140.]
Platted streets, public highways—Lack of compliance, penalty: RCW
58.08.035.
Chapter 58.17
PLATS—SUBDIVISIONS—DEDICATIONS
Sections
58.17.010
58.17.020
58.17.030
58.17.033
58.17.035
58.17.040
58.17.050
58.17.060
58.17.065
58.17.070
58.17.080
58.17.090
58.17.092
58.17.095
58.17.100
58.17.110
58.17.120
58.17.130
58.17.140
58.17.150
58.17.155
58.17.160
58.17.165
Purpose.
Definitions.
Subdivisions to comply with chapter, local regulations.
Proposed division of land—Consideration of application for
preliminary plat or short plat approval—Requirements
defined by local ordinance.
Alternative method of land division—Binding site plans.
Chapter inapplicable, when.
Assessors plat—Compliance.
Short plats and short subdivisions—Summary approval—
Regulations—Requirements.
Short plats and short subdivisions—Filing.
Preliminary plat of subdivisions and dedications—
Submission for approval—Procedure.
Filing of preliminary plat—Notice.
Notice of public hearing.
Public notice—Identification of affected property.
Ordinance may authorize administrative review of preliminary plat without public hearing.
Review of preliminary plats by planning commission or
agency—Recommendation—Change by legislative
body—Procedure—Approval.
Approval or disapproval of subdivision and dedication—
Factors to be considered—Conditions for approval—
Finding—Release from damages.
Disapproval due to flood, inundation or swamp conditions—
Improvements—Approval conditions.
Bond in lieu of actual construction of improvements prior to
approval of final plat—Bond or security to assure successful operation of improvements.
Time limitation for approval or disapproval of plats—
Extensions.
Recommendations of certain agencies to accompany plats
submitted for final approval.
Short subdivision adjacent to state highway—Notice to department of transportation.
Requirements for each plat or replat filed for record.
Certificate giving description and statement of owners must
accompany final plat—Dedication, certificate requirements if plat contains—Waiver.
[Title 58 RCW—page 7]
Chapter 58.17
Title 58 RCW: Boundaries and Plats
58.17.170
Written approval of subdivision—Original of final plat to be
filed—Copies.
58.17.180 Review of decision.
58.17.190 Approval of plat required before filing—Procedure when
unapproved plat filed.
58.17.195 Approval of plat or short plat—Written finding of conformity with applicable land use controls.
58.17.200 Injunctive action to restrain subdivision, sale, transfer of
land where final plat not filed.
58.17.205 Agreements to transfer land conditioned on final plat approval—Authorized.
58.17.210 Building, septic tank or other development permits not to be
issued for land divided in violation of chapter or regulations—Exceptions—Damages—Rescission by purchaser.
58.17.212 Vacation of subdivision—Procedure.
58.17.215 Alteration of subdivision—Procedure.
58.17.217 Alteration or vacation of subdivision—Conduct of hearing.
58.17.218 Alteration of subdivision—Easements by dedication.
58.17.220 Violation of court order or injunction—Penalty.
58.17.225 Easement over public open space—May be exempt from
RCW 58.17.215—Hearing—Notice.
58.17.230 Assurance of discontinuance of violations.
58.17.240 Permanent control monuments.
58.17.250 Survey of subdivision and preparation of plat.
58.17.255 Survey discrepancy—Disclosure.
58.17.260 Joint committee—Members—Recommendations for surveys,
monumentation and plat drawings.
58.17.275 Proposals to adopt, amend, or repeal local ordinances—
Advance notice.
58.17.280 Naming and numbering of short subdivisions, subdivisions,
streets, lots and blocks.
58.17.290 Copy of plat as evidence.
58.17.300 Violations—Penalties.
58.17.310 Approval of plat within irrigation district without provision
for irrigation prohibited.
58.17.320 Compliance with chapter and local regulations—
Enforcement.
58.17.330 Hearing examiner system—Adoption authorized—
Procedures—Decisions.
58.17.900 Validation of existing ordinances and resolutions.
58.17.910 Severability—1969 ex.s. c 271.
58.17.920 Effective date and application of 1974 ex.s. c 134.
Fees for filing subdivision plats and short plats: RCW 58.24.070.
58.17.010 Purpose. The legislature finds that the
process by which land is divided is a matter of state concern
and should be administered in a uniform manner by cities,
towns, and counties throughout the state. The purpose of
this chapter is to regulate the subdivision of land and to
promote the public health, safety and general welfare in
accordance with standards established by the state to prevent
the overcrowding of land; to lessen congestion in the streets
and highways; to promote effective use of land; to promote
safe and convenient travel by the public on streets and
highways; to provide for adequate light and air; to facilitate
adequate provision for water, sewerage, parks and recreation
areas, sites for schools and schoolgrounds and other public
requirements; to provide for proper ingress and egress; to
provide for the expeditious review and approval of proposed
subdivisions which conform to zoning standards and local
plans and policies; to adequately provide for the housing and
commercial needs of the citizens of the state; and to require
uniform monumenting of land subdivisions and conveyancing by accurate legal description. [1981 c 293 § 1; 1969
ex.s. c 271 § 1.]
Reviser’s note: Throughout this chapter, the phrase "this act" has
been changed to "this chapter." "This act" [1969 ex.s. c 271] also consists
of amendments to RCW 58.08.040 and 58.24.040 and the repeal of RCW
58.16.010 through 58.16.110.
[Title 58 RCW—page 8]
Severability—1981 c 293: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 293 § 16.]
58.17.020 Definitions. As used in this chapter, unless
the context or subject matter clearly requires otherwise, the
words or phrases defined in this section shall have the
indicated meanings.
(1) "Subdivision" is the division or redivision of land
into five or more lots, tracts, parcels, sites, or divisions for
the purpose of sale, lease, or transfer of ownership, except
as provided in subsection (6) of this section.
(2) "Plat" is a map or representation of a subdivision,
showing thereon the division of a tract or parcel of land into
lots, blocks, streets and alleys, or other divisions and
dedications.
(3) "Dedication" is the deliberate appropriation of land
by an owner for any general and public uses, reserving to
himself or herself no other rights than such as are compatible
with the full exercise and enjoyment of the public uses to
which the property has been devoted. The intention to
dedicate shall be evidenced by the owner by the presentment
for filing of a final plat or short plat showing the dedication
thereon; and, the acceptance by the public shall be evidenced
by the approval of such plat for filing by the appropriate
governmental unit.
A dedication of an area of less than two acres for use as
a public park may include a designation of a name for the
park, in honor of a deceased individual of good character.
(4) "Preliminary plat" is a neat and approximate drawing
of a proposed subdivision showing the general layout of
streets and alleys, lots, blocks, and other elements of a
subdivision consistent with the requirements of this chapter.
The preliminary plat shall be the basis for the approval or
disapproval of the general layout of a subdivision.
(5) "Final plat" is the final drawing of the subdivision
and dedication prepared for filing for record with the county
auditor and containing all elements and requirements set
forth in this chapter and in local regulations adopted under
this chapter.
(6) "Short subdivision" is the division or redivision of
land into four or fewer lots, tracts, parcels, sites, or divisions
for the purpose of sale, lease, or transfer of ownership.
However, the legislative authority of any city or town may
by local ordinance increase the number of lots, tracts, or
parcels to be regulated as short subdivisions to a maximum
of nine. The legislative authority of any county planning
under RCW 36.70A.040 that has adopted a comprehensive
plan and development regulations in compliance with chapter
36.70A RCW may by ordinance increase the number of lots,
tracts, or parcels to be regulated as short subdivisions to a
maximum of nine in any urban growth area.
(7) "Binding site plan" means a drawing to a scale
specified by local ordinance which: (a) Identifies and shows
the areas and locations of all streets, roads, improvements,
utilities, open spaces, and any other matters specified by
local regulations; (b) contains inscriptions or attachments
setting forth such appropriate limitations and conditions for
the use of the land as are established by the local government body having authority to approve the site plan; and (c)
(2002 Ed.)
Plats—Subdivisions—Dedications
contains provisions making any development be in conformity with the site plan.
(8) "Short plat" is the map or representation of a short
subdivision.
(9) "Lot" is a fractional part of divided lands having
fixed boundaries, being of sufficient area and dimension to
meet minimum zoning requirements for width and area. The
term shall include tracts or parcels.
(10) "Block" is a group of lots, tracts, or parcels within
well defined and fixed boundaries.
(11) "County treasurer" shall be as defined in chapter
36.29 RCW or the office or person assigned such duties
under a county charter.
(12) "County auditor" shall be as defined in chapter
36.22 RCW or the office or person assigned such duties
under a county charter.
(13) "County road engineer" shall be as defined in
chapter 36.40 RCW or the office or person assigned such
duties under a county charter.
(14) "Planning commission" means that body as defined
in chapter 36.70, 35.63, or 35A.63 RCW as designated by
the legislative body to perform a planning function or that
body assigned such duties and responsibilities under a city
or county charter.
(15) "County commissioner" shall be as defined in
chapter 36.32 RCW or the body assigned such duties under
a county charter. [2002 c 262 § 1; 1995 c 32 § 2; 1983 c
121 § 1. Prior: 1981 c 293 § 2; 1981 c 292 § 1; 1969 ex.s.
c 271 § 2.]
Severability—1981 c 293: See note following RCW 58.17.010.
Camping resort contracts—Nonapplicability of certain laws to—Resort not
subdivision except under city, county powers: RCW 19.105.510.
58.17.030 Subdivisions to comply with chapter,
local regulations. Every subdivision shall comply with the
provisions of this chapter. Every short subdivision as
defined in this chapter shall comply with the provisions of
any local regulation adopted pursuant to RCW 58.17.060.
[1974 ex.s. c 134 § 1; 1969 ex.s. c 271 § 3.]
58.17.033 Proposed division of land—Consideration
of application for preliminary plat or short plat approval—Requirements defined by local ordinance. (1) A
proposed division of land, as defined in RCW 58.17.020,
shall be considered under the subdivision or short subdivision ordinance, and zoning or other land use control ordinances, in effect on the land at the time a fully completed
application for preliminary plat approval of the subdivision,
or short plat approval of the short subdivision, has been
submitted to the appropriate county, city, or town official.
(2) The requirements for a fully completed application
shall be defined by local ordinance.
(3) The limitations imposed by this section shall not
restrict conditions imposed under chapter 43.21C RCW.
[1987 c 104 § 2.]
58.17.035 Alternative method of land division—
Binding site plans. A city, town, or county may adopt by
ordinance procedures for the divisions of land by use of a
binding site plan as an alternative to the procedures required
by this chapter. The ordinance shall be limited and only
(2002 Ed.)
58.17.020
apply to one or more of the following: (1) The use of a
binding site plan to divisions for sale or lease of commercially or industrially zoned property as provided in RCW
58.17.040(4); (2) divisions of property for lease as provided
for in RCW 58.17.040(5); and (3) divisions of property as
provided for in RCW 58.17.040(7). Such ordinance may
apply the same or different requirements and procedures to
each of the three types of divisions and shall provide for the
alteration or vacation of the binding site plan, and may
provide for the administrative approval of the binding site
plan.
The ordinance shall provide that after approval of the
general binding site plan for industrial or commercial
divisions subject to a binding site plan, the approval for
improvements and finalization of specific individual commercial or industrial lots shall be done by administrative
approval.
The binding site plan, after approval, and/or when
specific lots are administratively approved, shall be filed
with the county auditor with a record of survey. Lots,
parcels, or tracts created through the binding site plan procedure shall be legal lots of record. The number of lots,
tracts, parcels, sites, or divisions shall not exceed the number
of lots allowed by the local zoning ordinances.
All provisions, conditions, and requirements of the
binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership
interest of any lot, parcel, or tract created pursuant to the
binding site plan.
Any sale, transfer, or lease of any lot, tract, or parcel
created pursuant to the binding site plan, that does not
conform to the requirements of the binding site plan or
without binding site plan approval, shall be considered a
violation of chapter 58.17 RCW and shall be restrained by
injunctive action and be illegal as provided in chapter 58.17
RCW. [1987 c 354 § 2.]
58.17.040 Chapter inapplicable, when. The provisions of this chapter shall not apply to:
(1) Cemeteries and other burial plots while used for that
purpose;
(2) Divisions of land into lots or tracts each of which is
one-one hundred twenty-eighth of a section of land or larger,
or five acres or larger if the land is not capable of description as a fraction of a section of land, unless the governing
authority of the city, town, or county in which the land is
situated shall have adopted a subdivision ordinance requiring
plat approval of such divisions: PROVIDED, That for
purposes of computing the size of any lot under this item
which borders on a street or road, the lot size shall be
expanded to include that area which would be bounded by
the center line of the road or street and the side lot lines of
the lot running perpendicular to such center line;
(3) Divisions made by testamentary provisions, or the
laws of descent;
(4) Divisions of land into lots or tracts classified for industrial or commercial use when the city, town, or county
has approved a binding site plan for the use of the land in
accordance with local regulations;
(5) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are
[Title 58 RCW—page 9]
58.17.040
Title 58 RCW: Boundaries and Plats
permitted to be placed upon the land when the city, town, or
county has approved a binding site plan for the use of the
land in accordance with local regulations;
(6) A division made for the purpose of alteration by
adjusting boundary lines, between platted or unplatted lots or
both, which does not create any additional lot, tract, parcel,
site, or division nor create any lot, tract, parcel, site, or
division which contains insufficient area and dimension to
meet minimum requirements for width and area for a
building site;
(7) Divisions of land into lots or tracts if: (a) Such
division is the result of subjecting a portion of a parcel or
tract of land to either chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such
land; (b) the improvements constructed or to be constructed
thereon are required by the provisions of the binding site
plan to be included in one or more condominiums or owned
by an association or other legal entity in which the owners
of units therein or their owners’ associations have a membership or other legal or beneficial interest; (c) a city, town, or
county has approved the binding site plan for all such land;
(d) such approved binding site plan is recorded in the county
or counties in which such land is located; and (e) the binding
site plan contains thereon the following statement: "All
development and use of the land described herein shall be in
accordance with this binding site plan, as it may be amended
with the approval of the city, town, or county having
jurisdiction over the development of such land, and in
accordance with such other governmental permits, approvals,
regulations, requirements, and restrictions that may be
imposed upon such land and the development and use
thereof. Upon completion, the improvements on the land
shall be included in one or more condominiums or owned by
an association or other legal entity in which the owners of
units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site
plan shall be binding upon all now or hereafter having any
interest in the land described herein." The binding site plan
may, but need not, depict or describe the boundaries of the
lots or tracts resulting from subjecting a portion of the land
to either chapter 64.32 or 64.34 RCW. A site plan shall be
deemed to have been approved if the site plan was approved
by a city, town, or county: (i) In connection with the final
approval of a subdivision plat or planned unit development
with respect to all of such land; or (ii) in connection with the
issuance of building permits or final certificates of occupancy with respect to all of such land; or (iii) if not approved
pursuant to (i) and (ii) of this subsection (7)(e), then pursuant to such other procedures as such city, town, or county
may have established for the approval of a binding site plan;
and
(8) A division for the purpose of leasing land for
facilities providing personal wireless services while used for
that purpose. "Personal wireless services" means any
federally licensed personal wireless service. "Facilities"
means unstaffed facilities that are used for the transmission
or reception, or both, of wireless communication services
including, but not necessarily limited to, antenna arrays,
transmission cables, equipment shelters, and support structures. [2002 c 44 § 1; 1992 c 220 § 27; 1989 c 43 § 4-123.
Prior: 1987 c 354 § 1; 1987 c 108 § 1; 1983 c 121 § 2;
[Title 58 RCW—page 10]
prior: 1981 c 293 § 3; 1981 c 292 § 2; 1974 ex.s. c 134 §
2; 1969 ex.s. c 271 § 4.]
Severability—Effective date—1989 c 43: See RCW 64.34.920 and
64.34.930.
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.050 Assessors plat—Compliance. An assessors
plat made in accordance with RCW 58.18.010 need not
comply with any of the requirements of this chapter except
RCW 58.17.240 and 58.17.250. [1969 ex.s. c 271 § 5.]
58.17.060 Short plats and short subdivisions—
Summary approval—Regulations—Requirements. (1)
The legislative body of a city, town, or county shall adopt
regulations and procedures, and appoint administrative
personnel for the summary approval of short plats and short
subdivisions or alteration or vacation thereof. When an
alteration or vacation involves a public dedication, the
alteration or vacation shall be processed as provided in RCW
58.17.212 or 58.17.215. Such regulations shall be adopted
by ordinance and shall provide that a short plat and short
subdivision may be approved only if written findings that are
appropriate, as provided in RCW 58.17.110, are made by the
administrative personnel, and may contain wholly different
requirements than those governing the approval of preliminary and final plats of subdivisions and may require surveys
and monumentations and shall require filing of a short plat,
or alteration or vacation thereof, for record in the office of
the county auditor: PROVIDED, That such regulations must
contain a requirement that land in short subdivisions may not
be further divided in any manner within a period of five
years without the filing of a final plat, except that when the
short plat contains fewer than four parcels, nothing in this
section shall prevent the owner who filed the short plat from
filing an alteration within the five-year period to create up to
a total of four lots within the original short plat boundaries:
PROVIDED FURTHER, That such regulations are not required to contain a penalty clause as provided in RCW
36.32.120 and may provide for wholly injunctive relief.
An ordinance requiring a survey shall require that the
survey be completed and filed with the application for
approval of the short subdivision.
(2) Cities, towns, and counties shall include in their
short plat regulations and procedures pursuant to subsection
(1) of this section provisions for considering sidewalks and
other planning features that assure safe walking conditions
for students who walk to and from school. [1990 1st ex.s.
c 17 § 51; 1989 c 330 § 2; 1987 c 354 § 5; 1987 c 92 § 1;
1974 ex.s. c 134 § 3; 1969 ex.s. c 271 § 6.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
58.17.065 Short plats and short subdivisions—
Filing. Each short plat and short subdivision granted
pursuant to local regulations after July 1, 1974, shall be filed
with the county auditor and shall not be deemed "approved"
until so filed. [1974 ex.s. c 134 § 12.]
58.17.070 Preliminary plat of subdivisions and
dedications—Submission for approval—Procedure. A
preliminary plat of proposed subdivisions and dedications of
(2002 Ed.)
Plats—Subdivisions—Dedications
land shall be submitted for approval to the legislative body
of the city, town, or county within which the plat is situated.
Unless an applicant for preliminary plat approval
requests otherwise, a preliminary plat shall be processed
simultaneously with applications for rezones, variances,
planned unit developments, site plan approvals, and similar
quasi-judicial or administrative actions to the extent that
procedural requirements applicable to these actions permit
simultaneous processing. [1981 c 293 § 4; 1969 ex.s. c 271
§ 7.]
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.080 Filing of preliminary plat—Notice. Notice
of the filing of a preliminary plat of a proposed subdivision
adjacent to or within one mile of the municipal boundaries
of a city or town, or which contemplates the use of any city
or town utilities shall be given to the appropriate city or
town authorities. Any notice required by this chapter shall
include the hour and location of the hearing and a description of the property to be platted. Notice of the filing of a
preliminary plat of a proposed subdivision located in a city
or town and adjoining the municipal boundaries thereof shall
be given to appropriate county officials. Notice of the filing
of a preliminary plat of a proposed subdivision located
adjacent to the right-of-way of a state highway or within two
miles of the boundary of a state or municipal airport shall be
given to the secretary of transportation. In the case of notification to the secretary of transportation, the secretary shall
respond to the notifying authority within fifteen days of such
notice as to the effect that the proposed subdivision will
have on the state highway or the state or municipal airport.
[1982 c 23 § 1; 1969 ex.s. c 271 § 8.]
58.17.090 Notice of public hearing. (1) Upon receipt
of an application for preliminary plat approval the administrative officer charged by ordinance with responsibility for
administration of regulations pertaining to platting and
subdivisions shall provide public notice and set a date for a
public hearing. Except as provided in RCW 36.70B.110, at
a minimum, notice of the hearing shall be given in the
following manner:
(a) Notice shall be published not less than ten days prior
to the hearing in a newspaper of general circulation within
the county and a newspaper of general circulation in the area
where the real property which is proposed to be subdivided
is located; and
(b) Special notice of the hearing shall be given to
adjacent landowners by any other reasonable method local
authorities deem necessary. Adjacent landowners are the
owners of real property, as shown by the records of the
county assessor, located within three hundred feet of any
portion of the boundary of the proposed subdivision. If the
owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie
adjacent to the real property proposed to be subdivided,
notice under this subsection (1)(b) shall be given to owners
of real property located within three hundred feet of any
portion of the boundaries of such adjacently located parcels
of real property owned by the owner of the real property
proposed to be subdivided.
(2002 Ed.)
58.17.070
(2) All hearings shall be public. All hearing notices
shall include a description of the location of the proposed
subdivision. The description may be in the form of either a
vicinity location sketch or a written description other than a
legal description. [1995 c 347 § 426; 1981 c 293 § 5; 1974
ex.s. c 134 § 4; 1969 ex.s. c 271 § 9.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.092 Public notice—Identification of affected
property. Any notice made under chapter 58.17 or 36.70B
RCW that identifies affected property may identify this
affected property without using a legal description of the
property including, but not limited to, identification by an
address, written description, vicinity sketch, or other reasonable means. [1995 c 347 § 427; 1988 c 168 § 12.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
58.17.095 Ordinance may authorize administrative
review of preliminary plat without public hearing. A
county, city, or town may adopt an ordinance providing for
the administrative review of a preliminary plat without a
public hearing by adopting an ordinance providing for such
administrative review. The ordinance may specify a threshold number of lots in a subdivision above which a public
hearing must be held, and may specify other factors which
necessitate the holding of a public hearing. The administrative review process shall include the following minimum
conditions:
(1) The notice requirements of RCW 58.17.090 shall be
followed, except that the publication shall be made within
ten days of the filing of the application. Additionally, at
least ten days after the filing of the application notice both
shall be: (a) Posted on or around the land proposed to be
subdivided in at least five conspicuous places designed to
attract public awareness of the proposal; and (b) mailed to
the owner of each lot or parcel of property located within at
least three hundred feet of the site. The applicant shall
provide the county, city, or town with a list of such property
owners and their addresses. The notice shall include
notification that no public hearing will be held on the
application, except as provided by this section. The notice
shall set out the procedures and time limitations for persons
to require a public hearing and make comments.
(2) Any person shall have a period of twenty days from
the date of the notice to comment upon the proposed
preliminary plat. All comments received shall be provided
to the applicant. The applicant has seven days from receipt
of the comments to respond thereto.
(3) A public hearing on the proposed subdivision shall
be held if any person files a request for a hearing with the
county, city, or town within twenty-one days of the publishing of such notice. If such a hearing is requested, notice
requirements for the public hearing shall be in conformance
with RCW 58.17.090, and the ninety-day period for approval
or disapproval of the proposed subdivision provided for in
RCW 58.17.140 shall commence with the date of the filing
of the request for a public hearing. Any hearing ordered
under this subsection shall be conducted by the planning
[Title 58 RCW—page 11]
58.17.095
Title 58 RCW: Boundaries and Plats
commission or hearings officer as required by county or city
ordinance.
(4) On its own initiative within twenty-one days of the
filing of the request for approval of the subdivision, the
governing body, or a designated employee or official, of the
county, city, or town, shall be authorized to cause a public
hearing to be held on the proposed subdivision within ninety
days of the filing of the request for the subdivision.
(5) If the public hearing is waived as provided in this
section, the planning commission or planning agency shall
complete the review of the proposed preliminary plat and
transmit its recommendation to the legislative body as
provided in RCW 58.17.100. [1986 c 233 § 1.]
Applicability—1986 c 233: "This act does not affect the provisions
of RCW 82.02.020." [1986 c 233 § 3.]
58.17.100 Review of preliminary plats by planning
commission or agency—Recommendation—Change by
legislative body—Procedure—Approval. If a city, town or
county has established a planning commission or planning
agency in accordance with state law or local charter, such
commission or agency shall review all preliminary plats and
make recommendations thereon to the city, town or county
legislative body to assure conformance of the proposed
subdivision to the general purposes of the comprehensive
plan and to planning standards and specifications as adopted
by the city, town or county. Reports of the planning
commission or agency shall be advisory only: PROVIDED,
That the legislative body of the city, town or county may, by
ordinance, assign to such commission or agency, or any
department official or group of officials, such administrative
functions, powers and duties as may be appropriate, including the holding of hearings, and recommendations for
approval or disapproval of preliminary plats of proposed
subdivisions.
Such recommendation shall be submitted to the legislative body not later than fourteen days following action by
the hearing body. Upon receipt of the recommendation on
any preliminary plat the legislative body shall at its next
public meeting set the date for the public meeting where it
shall consider the recommendations of the hearing body and
may adopt or reject the recommendations of such hearing
body based on the record established at the public hearing.
If, after considering the matter at a public meeting, the
legislative body deems a change in the planning
commission’s or planning agency’s recommendation approving or disapproving any preliminary plat is necessary, the
legislative body shall adopt its own recommendations and
approve or disapprove the preliminary plat.
Every decision or recommendation made under this
section shall be in writing and shall include findings of fact
and conclusions to support the decision or recommendation.
A record of all public meetings and public hearings
shall be kept by the appropriate city, town or county authority and shall be open to public inspection.
Sole authority to approve final plats, and to adopt or
amend platting ordinances shall reside in the legislative
bodies. [1995 c 347 § 428; 1981 c 293 § 6; 1969 ex.s. c
271 § 10.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1981 c 293: See note following RCW 58.17.010.
[Title 58 RCW—page 12]
58.17.110 Approval or disapproval of subdivision
and dedication—Factors to be considered—Conditions
for approval—Finding—Release from damages. (1) The
city, town, or county legislative body shall inquire into the
public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine: (a) If appropriate provisions are made for, but not
limited to, the public health, safety, and general welfare, for
open spaces, drainage ways, streets or roads, alleys, other
public ways, transit stops, potable water supplies, sanitary
wastes, parks and recreation, playgrounds, schools and
schoolgrounds, and shall consider all other relevant facts,
including sidewalks and other planning features that assure
safe walking conditions for students who only walk to and
from school; and (b) whether the public interest will be
served by the subdivision and dedication.
(2) A proposed subdivision and dedication shall not be
approved unless the city, town, or county legislative body
makes written findings that: (a) Appropriate provisions are
made for the public health, safety, and general welfare and
for such open spaces, drainage ways, streets or roads, alleys,
other public ways, transit stops, potable water supplies,
sanitary wastes, parks and recreation, playgrounds, schools
and schoolgrounds and all other relevant facts, including
sidewalks and other planning features that assure safe
walking conditions for students who only walk to and from
school; and (b) the public use and interest will be served by
the platting of such subdivision and dedication. If it finds
that the proposed subdivision and dedication make such
appropriate provisions and that the public use and interest
will be served, then the legislative body shall approve the
proposed subdivision and dedication. Dedication of land to
any public body, provision of public improvements to serve
the subdivision, and/or impact fees imposed under RCW
82.02.050 through 82.02.090 may be required as a condition
of subdivision approval. Dedications shall be clearly shown
on the final plat. No dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050
through 82.02.090 shall be allowed that constitutes an
unconstitutional taking of private property. The legislative
body shall not as a condition to the approval of any subdivision require a release from damages to be procured from
other property owners.
(3) If the preliminary plat includes a dedication of a
public park with an area of less than two acres and the donor
has designated that the park be named in honor of a deceased individual of good character, the city, town, or county
legislative body must adopt the designated name. [1995 c 32
§ 3; 1990 1st ex.s. c 17 § 52; 1989 c 330 § 3; 1974 ex.s. c
134 § 5; 1969 ex.s. c 271 § 11.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
58.17.120 Disapproval due to flood, inundation or
swamp conditions—Improvements—Approval conditions.
The city, town, or county legislative body shall consider the
physical characteristics of a proposed subdivision site and
may disapprove a proposed plat because of flood, inundation,
or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such
improvements shall be noted on the final plat.
(2002 Ed.)
Plats—Subdivisions—Dedications
No plat shall be approved by any city, town, or county
legislative authority covering any land situated in a flood
control zone as provided in chapter 86.16 RCW without the
prior written approval of the department of ecology of the
state of Washington. [1974 ex.s. c 134 § 6; 1969 ex.s. c 271
§ 12.]
58.17.130 Bond in lieu of actual construction of
improvements prior to approval of final plat—Bond or
security to assure successful operation of improvements.
Local regulations shall provide that in lieu of the completion
of the actual construction of any required improvements
prior to the approval of a final plat, the city, town, or county
legislative body may accept a bond, in an amount and with
surety and conditions satisfactory to it, or other secure
method, providing for and securing to the municipality the
actual construction and installation of such improvements
within a period specified by the city, town, or county
legislative body and expressed in the bonds. In addition,
local regulations may provide for methods of security,
including the posting of a bond securing to the municipality
the successful operation of improvements for an appropriate
period of time up to two years after final approval. The
municipality is hereby granted the power to enforce bonds
authorized under this section by all appropriate legal and
equitable remedies. Such local regulations may provide that
the improvements such as structures, sewers, and water systems shall be designed and certified by or under the supervision of a registered civil engineer prior to the acceptance of
such improvements. [1974 ex.s. c 134 § 7; 1969 ex.s. c 271
§ 13.]
58.17.140 Time limitation for approval or disapproval of plats—Extensions. Preliminary plats of any
proposed subdivision and dedication shall be approved,
disapproved, or returned to the applicant for modification or
correction within ninety days from date of filing thereof
unless the applicant consents to an extension of such time
period or the ninety day limitation is extended to include up
to twenty-one days as specified under RCW 58.17.095(3):
PROVIDED, That if an environmental impact statement is
required as provided in RCW 43.21C.030, the ninety day
period shall not include the time spent preparing and circulating the environmental impact statement by the local
government agency. Final plats and short plats shall be
approved, disapproved, or returned to the applicant within
thirty days from the date of filing thereof, unless the
applicant consents to an extension of such time period. A
final plat meeting all requirements of this chapter shall be
submitted to the legislative body of the city, town, or county
for approval within five years of the date of preliminary plat
approval. Nothing contained in this section shall act to prevent any city, town, or county from adopting by ordinance
procedures which would allow extensions of time that may
or may not contain additional or altered conditions and
requirements. [1995 c 68 § 1; 1986 c 233 § 2; 1983 c 121
§ 3; 1981 c 293 § 7; 1974 ex.s. c 134 § 8; 1969 ex.s. c 271
§ 14.]
Applicability—1986 c 233: See note following RCW 58.17.095.
Severability—1981 c 293: See note following RCW 58.17.010.
(2002 Ed.)
58.17.120
58.17.150 Recommendations of certain agencies to
accompany plats submitted for final approval. Each
preliminary plat submitted for final approval of the legislative body shall be accompanied by the following agencies’
recommendations for approval or disapproval:
(1) Local health department or other agency furnishing
sewage disposal and supplying water as to the adequacy of
the proposed means of sewage disposal and water supply;
(2) Local planning agency or commission, charged with
the responsibility of reviewing plats and subdivisions, as to
compliance with all terms of the preliminary approval of the
proposed plat subdivision or dedication;
(3) City, town or county engineer.
Except as provided in RCW 58.17.140, an agency or
person issuing a recommendation for subsequent approval
under subsections (1) and (3) of this section shall not modify
the terms of its recommendations without the consent of the
applicant. [1983 c 121 § 4; 1981 c 293 § 8; 1969 ex.s. c
271 § 15.]
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.155 Short subdivision adjacent to state
highway—Notice to department of transportation.
Whenever a city, town, or county receives an application for
the approval of a short plat of a short subdivision that is
located adjacent to the right of way of a state highway, the
responsible administrator shall give written notice of the
application, including a legal description of the short subdivision and a location map, to the department of transportation.
The department shall, within fourteen days after receiving
the notice, submit to the responsible administrator who
furnished the notice a statement with any information that
the department deems to be relevant about the effect of the
proposed short subdivision upon the legal access to the state
highway, the traffic carrying capacity of the state highway
and the safety of the users of the state highway. [1984 c 47
§ 1.]
58.17.160 Requirements for each plat or replat filed
for record. Each and every plat, or replat, of any property
filed for record shall:
(1) Contain a statement of approval from the city, town
or county licensed road engineer or by a licensed engineer
acting on behalf of the city, town or county as to the layout
of streets, alleys and other rights of way, design of bridges,
sewage and water systems, and other structures;
(2) Be accompanied by a complete survey of the section
or sections in which the plat or replat is located made to
surveying standards adopted by the division of engineering
services of the department of natural resources pursuant to
RCW 58.24.040.
(3) Be acknowledged by the person filing the plat before
the auditor of the county in which the land is located, or any
other officer who is authorized by law to take acknowledgment of deeds, and a certificate of said acknowledgment
shall be enclosed or annexed to such plat and recorded therewith.
(4) Contain a certification from the proper officer or
officers in charge of tax collections that all taxes and
delinquent assessments for which the property may be liable
[Title 58 RCW—page 13]
58.17.160
Title 58 RCW: Boundaries and Plats
as of the date of certification have been duly paid, satisfied
or discharged.
No engineer who is connected in any way with the
subdividing and platting of the land for which subdivision
approval is sought, shall examine and approve such plats on
behalf of any city, town or county. [1985 c 99 § 1; 1969
ex.s. c 271 § 16.]
58.17.165 Certificate giving description and statement of owners must accompany final plat—Dedication,
certificate requirements if plat contains—Waiver. Every
final plat or short plat of a subdivision or short subdivision
filed for record must contain a certificate giving a full and
correct description of the lands divided as they appear on the
plat or short plat, including a statement that the subdivision
or short subdivision has been made with the free consent and
in accordance with the desires of the owner or owners.
If the plat or short plat is subject to a dedication, the
certificate or a separate written instrument shall contain the
dedication of all streets and other areas to the public, and
individual or individuals, religious society or societies or to
any corporation, public or private as shown on the plat or
short plat and a waiver of all claims for damages against any
governmental authority which may be occasioned to the
adjacent land by the established construction, drainage and
maintenance of said road. Said certificate or instrument of
dedication shall be signed and acknowledged before a notary
public by all parties having any ownership interest in the
lands subdivided and recorded as part of the final plat.
Every plat and short plat containing a dedication filed
for record must be accompanied by a title report confirming
that the title of the lands as described and shown on said plat
is in the name of the owners signing the certificate or
instrument of dedication.
An offer of dedication may include a waiver of right of
direct access to any street from any property, and if the
dedication is accepted, any such waiver is effective. Such
waiver may be required by local authorities as a condition of
approval. Roads not dedicated to the public must be clearly
marked on the face of the plat. Any dedication, donation or
grant as shown on the face of the plat shall be considered to
all intents and purposes, as a quitclaim deed to the said
donee or donees, grantee or grantees for his, her or their use
for the purpose intended by the donors or grantors as aforesaid. [1981 c 293 § 9; 1969 ex.s. c 271 § 30.]
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.170 Written approval of subdivision—
Original of final plat to be filed—Copies. When the
legislative body of the city, town or county finds that the
subdivision proposed for final plat approval conforms to all
terms of the preliminary plat approval, and that said subdivision meets the requirements of this chapter, other applicable
state laws, and any local ordinances adopted under this chapter which were in effect at the time of preliminary plat
approval, it shall suitably inscribe and execute its written
approval on the face of the plat. The original of said final
plat shall be filed for record with the county auditor. One
reproducible copy shall be furnished to the city, town or
county engineer. One paper copy shall be filed with the
county assessor. Paper copies shall be provided to such
[Title 58 RCW—page 14]
other agencies as may be required by ordinance. Any lots
in a final plat filed for record shall be a valid land use
notwithstanding any change in zoning laws for a period of
five years from the date of filing. A subdivision shall be
governed by the terms of approval of the final plat, and the
statutes, ordinances, and regulations in effect at the time of
approval under RCW 58.17.150 (1) and (3) for a period of
five years after final plat approval unless the legislative body
finds that a change in conditions creates a serious threat to
the public health or safety in the subdivision. [1981 c 293
§ 10; 1969 ex.s. c 271 § 17.]
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.180 Review of decision. Any decision approving or disapproving any plat shall be reviewable under
chapter 36.70C RCW. [1995 c 347 § 717; 1983 c 121 § 5;
1969 ex.s. c 271 § 18.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
58.17.190 Approval of plat required before filing—
Procedure when unapproved plat filed. The county
auditor shall refuse to accept any plat for filing until approval of the plat has been given by the appropriate legislative
body. Should a plat or dedication be filed without such
approval, the prosecuting attorney of the county in which the
plat is filed shall apply for a writ of mandate in the name of
and on behalf of the legislative body required to approve
same, directing the auditor and assessor to remove from their
files or records the unapproved plat, or dedication of record.
[1969 ex.s. c 271 § 19.]
58.17.195 Approval of plat or short plat—Written
finding of conformity with applicable land use controls.
No plat or short plat may be approved unless the city, town,
or county makes a formal written finding of fact that the
proposed subdivision or proposed short subdivision is in
conformity with any applicable zoning ordinance or other
land use controls which may exist. [1981 c 293 § 14.]
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.200 Injunctive action to restrain subdivision,
sale, transfer of land where final plat not filed. Whenever
any parcel of land is divided into five or more lots, tracts, or
parcels of land and any person, firm or corporation or any
agent of any of them sells or transfers, or offers or advertises
for sale or transfer, any such lot, tract, or parcel without
having a final plat of such subdivision filed for record, the
prosecuting attorney shall commence an action to restrain
and enjoin further subdivisions or sales, or transfers, or
offers of sale or transfer and compel compliance with all
provisions of this chapter. The costs of such action shall be
taxed against the person, firm, corporation or agent selling
or transferring the property. [1969 ex.s. c 271 § 20.]
58.17.205 Agreements to transfer land conditioned
on final plat approval—Authorized. If performance of an
offer or agreement to sell, lease, or otherwise transfer a lot,
tract, or parcel of land following preliminary plat approval
is expressly conditioned on the recording of the final plat
containing the lot, tract, or parcel under this chapter, the
(2002 Ed.)
Plats—Subdivisions—Dedications
offer or agreement is not subject to RCW 58.17.200 or
58.17.300 and does not violate any provision of this chapter.
All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an
escrow or other regulated trust account and no disbursement
to sellers shall be permitted until the final plat is recorded.
[1981 c 293 § 12.]
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.210 Building, septic tank or other development permits not to be issued for land divided in violation of chapter or regulations—Exceptions—Damages—
Rescission by purchaser. No building permit, septic tank
permit, or other development permit, shall be issued for any
lot, tract, or parcel of land divided in violation of this chapter or local regulations adopted pursuant thereto unless the
authority authorized to issue such permit finds that the public
interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent
purchaser for value without actual notice. All purchasers’ or
transferees’ property shall comply with provisions of this
chapter and each purchaser or transferee may recover his
damages from any person, firm, corporation, or agent selling
or transferring land in violation of this chapter or local
regulations adopted pursuant thereto, including any amount
reasonably spent as a result of inability to obtain any
development permit and spent to conform to the requirements of this chapter as well as cost of investigation, suit,
and reasonable attorneys’ fees occasioned thereby. Such
purchaser or transferee may as an alternative to conforming
his property to these requirements, rescind the sale or
transfer and recover costs of investigation, suit, and reasonable attorneys’ fees occasioned thereby. [1974 ex.s. c 134
§ 10; 1969 ex.s. c 271 § 21.]
58.17.212 Vacation of subdivision—Procedure.
Whenever any person is interested in the vacation of any
subdivision or portion thereof, or any area designated or
dedicated for public use, that person shall file an application
for vacation with the legislative authority of the city, town,
or county in which the subdivision is located. The application shall set forth the reasons for vacation and shall contain
signatures of all parties having an ownership interest in that
portion of the subdivision subject to vacation. If the
subdivision is subject to restrictive covenants which were
filed at the time of the approval of the subdivision, and the
application for vacation would result in the violation of a
covenant, the application shall contain an agreement signed
by all parties subject to the covenants providing that the
parties agree to terminate or alter the relevant covenants to
accomplish the purpose of the vacation of the subdivision or
portion thereof.
When the vacation application is specifically for a
county road or city or town street, the procedures for road
vacation or street vacation in chapter 36.87 or 35.79 RCW
shall be utilized for the road or street vacation. When the
application is for the vacation of the plat together with the
roads and/or streets, the procedure for vacation in this
section shall be used, but vacations of streets may not be
made that are prohibited under *RCW 35.79.030, and
(2002 Ed.)
58.17.205
vacations of roads may not be made that are prohibited
under RCW 36.87.130.
The legislative authority of the city, town, or county
shall give notice as provided in RCW 58.17.080 and
58.17.090 and shall conduct a public hearing on the application for a vacation and may approve or deny the application
for vacation of the subdivision after determining the public
use and interest to be served by the vacation of the subdivision. If any portion of the land contained in the subdivision
was dedicated to the public for public use or benefit, such
land, if not deeded to the city, town, or county, shall be
deeded to the city, town, or county unless the legislative
authority shall set forth findings that the public use would
not be served in retaining title to those lands.
Title to the vacated property shall vest with the rightful
owner as shown in the county records. If the vacated land
is land that was dedicated to the public, for public use other
than a road or street, and the legislative authority has found
that retaining title to the land is not in the public interest,
title thereto shall vest with the person or persons owning the
property on each side thereof, as determined by the legislative authority. When the road or street that is to be vacated
was contained wholly within the subdivision and is part of
the boundary of the subdivision, title to the vacated road or
street shall vest with the owner or owners of property contained within the vacated subdivision.
This section shall not be construed as applying to the
vacation of any plat of state-granted tide or shore lands.
[1987 c 354 § 3.]
*Reviser’s note: After amendment by 1987 c 228 § 1, RCW
35.79.030 no longer prohibited vacations of streets. Limitations on
vacations of streets abutting bodies of water are now found in RCW
35.79.035.
58.17.215 Alteration of subdivision—Procedure.
When any person is interested in the alteration of any
subdivision or the altering of any portion thereof, except as
provided in RCW 58.17.040(6), that person shall submit an
application to request the alteration to the legislative authority of the city, town, or county where the subdivision is
located. The application shall contain the signatures of the
majority of those persons having an ownership interest of
lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to
restrictive covenants which were filed at the time of the
approval of the subdivision, and the application for alteration
would result in the violation of a covenant, the application
shall contain an agreement signed by all parties subject to
the covenants providing that the parties agree to terminate or
alter the relevant covenants to accomplish the purpose of the
alteration of the subdivision or portion thereof.
Upon receipt of an application for alteration, the
legislative body shall provide notice of the application to all
owners of property within the subdivision, and as provided
for in RCW 58.17.080 and 58.17.090. The notice shall
either establish a date for a public hearing or provide that a
hearing may be requested by a person receiving notice
within fourteen days of receipt of the notice.
The legislative body shall determine the public use and
interest in the proposed alteration and may deny or approve
the application for alteration. If any land within the alteration is part of an assessment district, any outstanding
[Title 58 RCW—page 15]
58.17.215
Title 58 RCW: Boundaries and Plats
assessments shall be equitably divided and levied against the
remaining lots, parcels, or tracts, or be levied equitably on
the lots resulting from the alteration. If any land within the
alteration contains a dedication to the general use of persons
residing within the subdivision, such land may be altered and
divided equitably between the adjacent properties.
After approval of the alteration, the legislative body
shall order the applicant to produce a revised drawing of the
approved alteration of the final plat or short plat, which after
signature of the legislative authority, shall be filed with the
county auditor to become the lawful plat of the property.
This section shall not be construed as applying to the
alteration or replatting of any plat of state-granted tide or
shore lands. [1987 c 354 § 4.]
58.17.217 Alteration or vacation of subdivision—
Conduct of hearing. Any hearing required by RCW
58.17.212, 58.17.215, or 58.17.060 may be administered by
a hearings examiner as provided in RCW 58.17.330. [1987
c 354 § 7.]
58.17.218 Alteration of subdivision—Easements by
dedication. The alteration of a subdivision is subject to
RCW 64.04.175. [1991 c 132 § 2.]
58.17.220 Violation of court order or injunction—
Penalty. Any person who violates any court order or
injunction issued pursuant to this chapter shall be subject to
a fine of not more than five thousand dollars or imprisonment for not more than ninety days or both. [1969 ex.s. c
271 § 22.]
58.17.225 Easement over public open space—May
be exempt from RCW 58.17.215—Hearing—Notice. The
granting of an easement for ingress and egress or utilities
over public property that is held as open space pursuant to
a subdivision or plat, where the open space is already used
as a utility right of way or corridor, where other access is
not feasible, and where the granting of the easement will not
impair public access or authorize construction of physical
barriers of any type, may be authorized and exempted from
the requirements of RCW 58.17.215 by the county, city, or
town legislative authority following a public hearing with
notice to the property owners in the affected plat. [1995 c
32 § 1.]
58.17.230 Assurance of discontinuance of violations.
In the enforcement of this chapter, the prosecuting attorney
may accept an assurance of discontinuance of any act or
practice deemed in violation of this chapter from any person
engaging in, or who has engaged in such act or practice.
Any such assurance shall be in writing and be filed with and
subject to the approval of the superior court of the county in
which the alleged violation occurs. A violation of such
assurance shall constitute prima facie proof of a violation of
this chapter. [1969 ex.s. c 271 § 23.]
58.17.240 Permanent control monuments. Except
for subdivisions excluded under the provisions of RCW
58.17.040, as now or hereafter amended, permanent control
[Title 58 RCW—page 16]
monuments shall be established at each and every controlling
corner on the boundaries of the parcel of land being subdivided. The local authority shall determine the number and
location of permanent control monuments within the plat, if
any. [1974 ex.s. c 134 § 11; 1969 ex.s. c 271 § 24.]
58.17.250 Survey of subdivision and preparation of
plat. The survey of the proposed subdivision and preparation of the plat shall be made by or under the supervision of
a registered land surveyor who shall certify on the plat that
it is a true and correct representation of the lands actually
surveyed. [1969 ex.s. c 271 § 26.]
58.17.255 Survey discrepancy—Disclosure. Whenever a survey of a proposed subdivision or short subdivision
reveals a discrepancy, the discrepancy shall be noted on the
face of the final plat or short plat. Any discrepancy shall be
disclosed in a title report prepared by a title insurer and
issued after the filing of the final plat or short plat. As used
in this section, "discrepancy" means: (1) A boundary hiatus;
(2) an overlapping boundary; or (3) a physical appurtenance,
which indicates encroachment, lines of possession, or
conflict of title. [1987 c 354 § 6.]
58.17.260
Joint committee—Members—
Recommendations for surveys, monumentation and plat
drawings. In order that there be a degree of uniformity of
survey monumentation throughout the cities, towns and
counties of the state of Washington, there is hereby created
a joint committee composed of six members to be appointed
as follows: The Washington state association of counties
shall appoint two county road engineers; the association of
Washington cities shall appoint two city engineers; the land
surveyors association of Washington shall appoint one
member; and the consulting engineers association of Washington shall appoint one member. The joint committee is
directed to cooperate with the department of natural resources to establish recommendations pertaining to requirements
of survey, monumentation and plat drawings for subdivisions
and dedications throughout the state of Washington. The
department of natural resources shall publish such recommendation. [1971 ex.s. c 85 § 9; 1969 ex.s. c 271 § 27.]
58.17.275 Proposals to adopt, amend, or repeal
local ordinances—Advance notice. All cities, towns, and
counties shall establish procedures to provide reasonable
advance notice of proposals to adopt, amend, or repeal local
ordinances adopted in accordance with this chapter. These
procedures shall include but not be limited to advance notice
to individuals or organizations which have submitted
requests for notice. Reasonable fees may be charged to
defray the costs of providing notice. [1981 c 293 § 13.]
Severability—1981 c 293: See note following RCW 58.17.010.
58.17.280 Naming and numbering of short subdivisions, subdivisions, streets, lots and blocks. Any city,
town or county shall, by ordinance, regulate the procedure
whereby short subdivisions, subdivisions, streets, lots and
blocks are named and numbered. A lot numbering system
and a house address system, however, shall be provided by
(2002 Ed.)
Plats—Subdivisions—Dedications
the municipality for short subdivisions and subdivisions and
must be clearly shown on the short plat or final plat at the
time of approval. [1993 c 486 § 1; 1969 ex.s. c 271 § 29.]
58.17.290 Copy of plat as evidence. A copy of any
plat recorded in the manner provided in this chapter and
certified by the county auditor of the county in which the
same is recorded to be a true copy of such record and the
whole thereof, shall be received in evidence in all the courts
of this state, with like effect as the original. [1969 ex.s. c
271 § 31.]
58.17.300 Violations—Penalties. Any person, firm,
corporation, or association or any agent of any person, firm,
corporation, or association who violates any provision of this
chapter or any local regulations adopted pursuant thereto
relating to the sale, offer for sale, lease, or transfer of any
lot, tract or parcel of land, shall be guilty of a gross misdemeanor and each sale, offer for sale, lease or transfer of each
separate lot, tract, or parcel of land in violation of any
provision of this chapter or any local regulation adopted
pursuant thereto, shall be deemed a separate and distinct
offense. [1969 ex.s. c 271 § 32.]
58.17.310 Approval of plat within irrigation district
without provision for irrigation prohibited. In addition to
any other requirements imposed by the provisions of this
chapter, the legislative authority of any city, town, or county
shall not approve a short plat or final plat, as defined in
RCW 58.17.020, for any subdivision, short subdivision, lot,
tract, parcel, or site which lies in whole or in part in an
irrigation district organized pursuant to chapter 87.03 RCW
unless there has been provided an irrigation water right of
way for each parcel of land in such district. In addition, if
the subdivision, short subdivision, lot, tract, parcel, or site
lies within land within the district classified as irrigable,
completed irrigation water distribution facilities for such land
may be required by the irrigation district by resolution,
bylaw, or rule of general applicability as a condition for
approval of the short plat or final plat by the legislative
authority of the city, town, or county. Rights of way shall
be evidenced by the respective plats submitted for final
approval to the appropriate legislative authority. In addition,
if the subdivision, short subdivision, lot, tract, parcel, or site
to be platted is wholly or partially within an irrigation
district of two hundred thousand acres or more and has been
previously platted by the United States bureau of reclamation
as a farm unit in the district, the legislative authority shall
not approve for such land a short plat or final plat as defined
in RCW 58.17.020 without the approval of the irrigation
district and the administrator or manager of the project of the
bureau of reclamation, or its successor agency, within which
that district lies. Compliance with the requirements of this
section together with all other applicable provisions of this
chapter shall be a prerequisite, within the expressed purpose
of this chapter, to any sale, lease, or development of land in
this state. [1990 c 194 § 1; 1986 c 39 § 1; 1985 c 160 § 1;
1973 c 150 § 2.]
58.17.320 Compliance with chapter and local
regulations—Enforcement. Whenever land within a
(2002 Ed.)
58.17.280
subdivision granted final approval is used in a manner or for
a purpose which violates any provision of this chapter, any
provision of the local subdivision regulations, or any term or
condition of plat approval prescribed for the plat by the local
government, then the prosecuting attorney, or the attorney
general if the prosecuting attorney shall fail to act, may
commence an action to restrain and enjoin such use and
compel compliance with the provisions of this chapter or the
local regulations, or with such terms or conditions. The
costs of such action may be taxed against the violator.
[1974 ex.s. c 134 § 13.]
58.17.330 Hearing examiner system—Adoption
authorized—Procedures—Decisions. (1) As an alternative
to those provisions of this chapter requiring a planning
commission to hear and issue recommendations for plat
approval, the county or city legislative body may adopt a
hearing examiner system and shall specify by ordinance the
legal effect of the decisions made by the examiner. The
legal effect of such decisions shall include one of the
following:
(a) The decision may be given the effect of a recommendation to the legislative body;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to
the legislative body; or
(c) The decision may be given the effect of a final
decision of the legislative body.
The legislative authority shall prescribe procedures to be
followed by a hearing examiner.
(2) Each final decision of a hearing examiner shall be
in writing and shall include findings and conclusions, based
on the record, to support the decision. Each final decision
of a hearing examiner, unless a longer period is mutually
agreed to by the applicant and the hearing examiner, shall be
rendered within ten working days following conclusion of all
testimony and hearings. [1995 c 347 § 429; 1994 c 257 §
6; 1977 ex.s. c 213 § 4.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1994 c 257: See note following RCW 36.70A.270.
Severability—1977 ex.s. c 213: See note following RCW 35.63.130.
58.17.900 Validation of existing ordinances and
resolutions. All ordinances and resolutions enacted at a
time prior to the passage of this chapter by the legislative
bodies of cities, towns, and counties and which are in
substantial compliance with the provisions of this chapter,
shall be construed as valid and may be further amended to
include new provisions and standards as are authorized in
general law. [1969 ex.s. c 271 § 33.]
58.17.910 Severability—1969 ex.s. c 271. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of this chapter,
or the application of the provision to other persons or circumstances is not affected. [1969 ex.s. c 271 § 35.]
58.17.920 Effective date and application of 1974
ex.s. c 134. (1) The provisions of *this 1974 amendatory act
shall become effective July 1, 1974.
[Title 58 RCW—page 17]
58.17.920
Title 58 RCW: Boundaries and Plats
(2) The provisions of *this 1974 amendatory act shall
not apply to any plat which has been granted preliminary
approval prior to July 1, 1974, but shall apply to any
proposed plat granted preliminary approval on or after July
1, 1974. [1974 ex.s. c 134 § 14.]
*Reviser’s note: For codification of "this 1974 amendatory act"
[1974 ex.s. c 134], see Codification Tables, Volume 0.
Chapter 58.18
ASSESSOR’S PLATS
Sections
58.18.010
Assessor’s plat—Requisites, filing, index, etc.—When official plat.
58.18.010 Assessor’s plat—Requisites, filing, index,
etc.—When official plat. In any county where an assessor
has and maintains an adequate set of maps drawn from
surveys at a scale of not less than two hundred feet to the
inch, the assessor may with the permission of the county
commissioners, file an assessor’s plat of the area, which
when filed shall become the official plat for all legal
purposes, provided:
(1) The plat is filed in the offices of the county auditor
and the county assessor, together with a list of the existing
legal descriptions and a list of the new legal descriptions as
assigned by the county assessor;
(2) The recorded plat is drawn in such a manner that a
ready reference can be made to the legal description in
existence prior to the time of the filing of the assessor’s plat
and in conformance with existing statutes;
(3) The first year the tax roll and tax statement shall
contain the prior legal description and the new legal description as assigned and shown on the assessor’s plat with a
notation that this legal description shall be used for all
purposes;
(4) The county assessor shall maintain an index for
reference to the prior and the existing legal descriptions of
the parcels contained in the assessor’s plats;
(5) Each dedicated plat after June 7, 1961, shall be
submitted to the county assessor of the county wherein the
plat is located, for the sole purpose of assignment of parcel,
tract, block and or lot numbers and the county auditor shall
not accept any such plat for filing unless the said plat carries
a signed affidavit from the assessor to this effect, and a
statement to the effect that the name of the plat shall be
number . . . . in the county of . . . . . . [1961 c 262 § 1.]
Chapter 58.19
LAND DEVELOPMENT ACT
Sections
58.19.010
58.19.020
58.19.030
58.19.045
58.19.055
58.19.120
58.19.130
Purpose.
Definitions.
Exemptions from chapter.
Public offering statement—Developer’s duties—Purchaser’s
rights.
Public offering statement—Contents.
Report of changes required—Amendments.
Public offering statement form—Type and style restriction.
[Title 58 RCW—page 18]
58.19.140
Public offering statement—Promotional use, distribution
restriction—Holding out that state or employees, etc.,
approve development prohibited.
58.19.180 Unlawful to sell lots or parcels subject to blanket encumbrance which does not provide purchaser can obtain
clear title—Alternatives.
58.19.185 Requiring purchaser to pay additional sum to construct,
complete or maintain development.
58.19.190 Advertising—Materially false, misleading, or deceptive
statements prohibited.
58.19.265 Violations—Remedies—Attorneys’ fees.
58.19.270 Violations deemed unfair practice subject to chapter 19.86
RCW.
58.19.280 Jurisdiction of superior courts.
58.19.300 Hazardous conditions—Notice.
58.19.920 Liberal construction.
58.19.940 Short title.
58.19.950 Severability—1973 1st ex.s. c 12.
58.19.951 Severability—1992 c 191.
Camping resort contracts—Nonapplicability of certain laws to: RCW
19.105.510.
Exemption of timeshares from chapter: RCW 64.36.290.
58.19.010 Purpose. The legislature finds and declares
that the sale and offering for sale of land or of interests in
associations which provide for the use or occupancy of land
touches and affects a great number of the citizens of this
state and that full and complete disclosure to prospective
purchasers of pertinent information concerning land developments, including any encumbrances or liens attached to the
land and the physical characteristics of the development is
essential. The legislature further finds and declares that
delivery to prospective purchasers of a complete and accurate public offering statement is necessary in order to
adequately protect both the economic and physical welfare
of the citizens of this state. It is the purpose of this chapter
to provide for the reasonable regulation of the sale and
offering for sale of any interest in significant land developments within or without the state of Washington, so that the
prospective purchasers of such interests might be provided
with full, complete, and accurate information of all pertinent
circumstances affecting their purchase. [1992 c 191 § 1;
1973 1st ex.s. c 12 § 1.]
58.19.020 Definitions. When used in this chapter,
unless the context otherwise requires:
(1) "Affiliate of a developer" means any person who
controls, is controlled by, or is under common control with
a developer.
(a) A person controls a developer if the person: (i) Is
a general partner, officer, director, or employer of the
developer; (ii) directly or indirectly or acting in concert with
one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than twenty percent of the voting
interest in the developer; (iii) controls in any manner the
election of a majority of the directors of the developer; or
(iv) has contributed more than twenty percent of the capital
of the developer.
(b) A person is controlled by a developer if the developer: (i) Is a general partner, officer, director, or employer of
the person; (ii) directly or indirectly or acting in concert with
one of [or] more other persons, or through one or more
subsidiaries, owns, controls, holds with the power to vote, or
holds proxies representing, more than twenty percent of the
(2002 Ed.)
Land Development Act
voting interest in the person; (iii) controls in any manner the
election of a majority of the directors of the person; or (iv)
has contributed more than twenty percent of the capital of
the person. Control does not exist if the powers described
in this subsection are held solely as security for an obligation
and are not exercised.
(2) "Blanket encumbrance" shall mean a trust deed,
mortgage, mechanic’s lien, or any other lien or encumbrance,
securing or evidencing the payment of money and affecting
the land to be developed or affecting more than one lot or
parcel of developed land, or an agreement affecting more
than one such lot or parcel by which the developer holds
said development under option, contract, sale, or trust
agreement. The term shall not include taxes and assessments
levied by a public authority.
(3) "Common promotional plan" means an offering of
related developed lands in a common promotional plan of
disposition. Elements relevant to whether the related
developed lands are being offered as part of a common
promotional plan include but are not limited to: Whether
purchasers of interests in the offered land will share in the
use of common amenities, or other rights or privileges;
whether the offered lands are known, designated, or advertised as a common unit or by a common name; whether a
common broker or sales personnel, common sales office or
facilities, or common promotional methods are utilized; and
whether cross-referrals of prospective purchasers between
sales operations is utilized.
(4) "Developer" means any owner of a development
who offers it for disposition, or the principal agent of an
inactive owner.
(5) "Development" or "developed lands" means land
which is divided or is proposed to be divided for the purpose
of disposition into twenty-six or more lots, parcels, or units
(excluding interests in camping resorts regulated under
chapter 19.105 RCW and interests in condominiums regulated under chapter 64.34 RCW) or any other land whether
contiguous or not, if twenty-six or more lots, parcels, units,
or interests are offered as a part of a common promotional
plan of advertising and sale.
(6) "Disposition" includes any sale, lease, assignment,
or exchange of any interest in any real property which is a
part of or included within a development, and also includes
the offering of property as a prize or gift when a monetary
charge or consideration for whatever purpose is required in
conjunction therewith, and any other transaction concerning
a development if undertaken for gain or profit.
(7) "Foreclosure" means a forfeiture or judicial or
nonjudicial foreclosure of a mortgage, deed of trust, or real
estate contract, or a deed in lieu thereof.
(8) "Improvements" include all existing, advertised, and
governmentally required facilities such as streets, water,
electricity, natural gas, telephone lines, drainage control
systems, and sewage disposal systems.
(9) "Offer" includes every inducement, solicitation, or
media advertisement which has as a principal aim to encourage a person to acquire an interest in land.
(10) "Owners association" means any profit or nonprofit
corporation, unincorporated association, or other organization
or legal entity, a membership or other interest in which is
appurtenant to or based upon owing an interest in a development.
(2002 Ed.)
58.19.020
(11) "Person" means an individual, corporation, government or governmental subdivision or agency, business trust,
estate, trust, partnership, unincorporated association, two or
more of any of the foregoing having a joint or common
interest, or any other legal or commercial entity.
(12) "Physical hazard" means a physical condition which
poses, or may very likely pose, a material risk of either:
Material damage to the development and improvements
thereon; or material endangerment to the safety and health of
persons using the development and improvements thereon.
(13) "Purchaser" means a person who acquires or
attempts to acquire or succeeds to any interest in land.
(14) "Related developed lands" means two or more
developments which are owned by the same developer or an
affiliate or affiliates of that developer and which are physically located within the same five-mile radius area.
(15) "Residential buildings" shall mean premises that are
actually intended or used primarily for residential or recreational purposes by the purchasers. [1992 c 191 § 2; 1979
c 158 § 208; 1973 1st ex.s. c 12 § 2.]
58.19.030 Exemptions from chapter. (1) Unless the
method of disposition is adopted for the purpose of evasion
of this chapter, the provisions of this chapter shall not apply
to land and offers or dispositions:
(a) By a purchaser of developed lands for his or her
own account in a single or isolated transaction;
(b) If fewer than ten separate lots, parcels, units, or
interests in developed lands are offered by a person in a
period of twelve months;
(c) If each lot offered in the development is five acres
or more;
(d) On which there is a residential, commercial, or
industrial building, or as to which there is a legal obligation
on the part of the seller to construct such a building within
two years from date of disposition;
(e) To any person who acquires such lot, parcel, unit or
interest therein for the purpose of engaging in the business
of constructing residential, commercial, or industrial buildings or for the purpose of resale or lease or other disposition
of such lots to persons engaged in such business or businesses;
(f) Any lot, parcel, unit or interest if the development is
located within an area incorporated prior to January 1, 1974;
(g) Pursuant to court order; or
(h) As cemetery lots or interests.
(2) Unless the method of disposition is adopted for the
purpose of evasion of this chapter, the provisions of this
chapter shall not apply to:
(a) Offers or dispositions of evidence of indebtedness
secured by a mortgage or deed of trust of real estate;
(b) Offers or dispositions of securities or units of
interest issued by a real estate investment trust regulated
under any state or federal statute;
(c) A development as to which the director has waived
the provisions of this chapter;
(d) Offers or dispositions of securities currently registered with the department of financial institutions;
(e) Offers or dispositions of any interest in oil, gas, or
other minerals or any royalty interest therein if the offers or
dispositions of such interests are regulated as securities by
[Title 58 RCW—page 19]
58.19.030
Title 58 RCW: Boundaries and Plats
the United States or by the department of financial institutions. [1994 c 92 § 504; 1979 c 158 § 209; 1973 1st ex.s.
c 12 § 3.]
58.19.045 Public offering statement—Developer’s
duties—Purchaser’s rights. (1) A developer shall prepare
a public offering statement conforming to the requirements
of RCW 58.19.055 unless the development or the transaction
is exempt under RCW 58.19.030.
(2) Any agent, attorney, or other person assisting the
developer in preparing the public offering statement may rely
upon information provided by the developer without independent investigation. The agent, attorney, or other person
shall not be liable for any material misrepresentation in or
omissions of material facts from the public offering statement unless the person had actual knowledge of the misrepresentation or omission at the time the public offering
statement was prepared. The developer shall be liable for
any misrepresentation contained in the public offering
statement or for any omission of material fact therefrom if
the developer had actual knowledge of the misrepresentation
or omission or, in the exercise of reasonable care, should
have known of the misrepresentation or omission.
(3) Unless the development or the transaction is exempt
under RCW 58.19.030, a developer shall provide a purchaser
of a lot, parcel, unit, or interest with a copy of the public
offering statement and all material amendments thereto
before conveyance of that lot, parcel, unit, or interest.
Unless a purchaser is given the public offering statement
more than two days before execution of a contract for the
purchase of a lot, parcel, unit, or interest, the purchaser,
before conveyance, shall have the right to cancel the contract
within two days after first receiving the public offering
statement and, if necessary to have two days to review the
public offering statement and cancel the contract, to extend
the closing date for conveyance to a date not more than two
days after first receiving the public offering statement. The
purchaser shall have no right to cancel the contract upon
receipt of an amendment unless the purchaser would have
that right under generally applicable legal principles. The
two-day period shall not include Saturdays, Sundays, or legal
holidays.
(4) If a purchaser elects to cancel a contract pursuant to
subsection (3) of this section, the purchaser may do so by
hand-delivering notice thereof to the developer or by mailing
notice thereof by prepaid United States mail to the developer
for service of process. If cancellation is by mailing notice,
the date of the postmark on the mail shall be the official date
of cancellation. Cancellation is without penalty, and all
payments made by the purchaser before cancellation shall be
refunded within thirty days from the date of cancellation.
(5) If a person required to deliver a public offering
statement pursuant to subsection (1) of this section fails to
provide a purchaser to whom a lot, parcel, unit, or interest
is conveyed with that public offering statement and all
material amendments thereto as required by subsection (3) of
this section, the purchaser is entitled to receive from that
person an amount equal to the actual damages suffered by
the purchaser as a result of the public offering statement not
being delivered. There shall be no liability for failure to
deliver any amendment unless such failure would have
[Title 58 RCW—page 20]
entitled the purchaser under generally applicable legal
principles to cancel the contract for the purchase of the lot,
parcel, unit, or interest had the undisclosed information been
evident to the purchaser before the closing of the purchase.
(6) A purchaser may not rely on any representation or
express warranty unless it is contained in the public offering
statement or made in writing signed by the developer or
developer’s agent identified in the public offering statement.
[1992 c 191 § 4.]
58.19.055 Public offering statement—Contents. (1)
A public offering statement shall contain the following
information:
(a) The name, and the address or approximate location,
of the development;
(b) The name and address of the developer;
(c) The name and address of the management company,
if any, for the development;
(d) The relationship of the management company to the
developer, if any;
(e) The nature of the interest being offered for sale;
(f) A brief description of the permitted uses and use
restrictions pertaining to the development and the purchaser’s
interest therein;
(g) The number of existing lots, parcels, units, or
interests in the development and either the maximum number
that may be added to the development or the fact that such
maximum number has not yet been determined;
(h) A list of the principal common amenities in the
development which materially affect the value of the
development and those that will or may be added to the
development;
(i) The identification of any real property not in the
development, the owner of which has access to any of the
development, and a description of the terms of such access;
(j) The identification of any real property not in the
development to which owners in the development have
access and a description of the terms of such access;
(k) The status of construction of improvements in the
development, including either the estimated dates of completion if not completed or the fact that such estimated completion dates have not yet been determined; and the estimated
costs, if any, to be paid by the purchaser;
(l) The estimated current owners’ association expense,
if any, for which a purchaser would be liable;
(m) An estimate of any payment with respect to any
owners’ association expense for which the purchaser would
be liable at closing;
(n) The estimated current amount and purpose of any
fees not included in any owners’ association assessments and
charged by the developer or any owners’ association for the
use of any of the development or improvements thereto;
(o) Any assessments which have been agreed to or are
known to the developer and which, if not paid, may constitute a lien against any portion of the development in favor
of any governmental agency;
(p) The identification of any parts of the development
which any purchaser will have the responsibility for maintaining;
(q) A brief description of any blanket encumbrance
which is subject to the provisions of RCW 58.19.180;
(2002 Ed.)
Land Development Act
(r) A list of any physical hazards known to the developer which particularly affect the development or the immediate vicinity in which the development is located and which
are not readily ascertainable by the purchaser;
(s) A brief description of any construction warranties to
be provided to the purchaser;
(t) Any building code violation citations received by the
developer in connection with the development which have
not been corrected;
(u) A statement of any unsatisfied judgments or pending
suits against any owners’ association involved in the development and a statement of the status of any pending suits
material to the development of which the developer has
actual knowledge;
(v) A notice which describes a purchaser’s right to
cancel the purchase agreement or extend the closing under
RCW 58.19.045(3), including applicable time frames and
procedures;
(w) A list of the documents which the prospective
purchaser is entitled to receive from the developer before the
rescission period commences;
(x) A notice which states:
"A purchaser may not rely on any representation or
express warranty unless it is contained in the public offering
statement or made in writing signed by the developer or by
any person identified in the public offering statement as the
declarant’s agent";
(y) A notice which states:
"This public offering statement is only a summary of
some of the significant aspects of purchasing an interest in
this development and any documents which may govern or
affect the development may be complex, may contain other
important information, and create binding legal obligations.
You should consider seeking assistance of legal counsel";
and
(z) Any other information and cross-references which
the developer believes will be helpful in describing the
development to the recipients of the public offering statement, all of which may be included or not included at the
option of the developer.
(2) The public offering statement shall include copies of
each of the following documents: Any declaration of
covenants, conditions, restrictions, and reservations affecting
the development; any survey, plat, or subdivision map; the
articles of incorporation of any owners’ association; the
bylaws of any owners’ association; the rules and regulations,
if any, of any owners’ association; current or proposed
budget for any owners’ association; and the balance sheet of
any owners’ association current within ninety days if
assessments have been collected for ninety days or more.
If any of the foregoing documents listed in this subsection are not available because they have not yet been
executed, adopted, or recorded, drafts of such documents
shall be provided with the public offering statement, and,
before closing the sale of an interest in the development, the
purchaser shall be given copies of any material changes
between the draft of the proposed documents and the final
documents.
(3) The disclosures required by subsection (1)(v), (x),
and (y) of this section shall be located at the top of the first
(2002 Ed.)
58.19.055
page of the public offering statement and be typed or printed
in ten-point bold face type size. [1992 c 191 § 5.]
58.19.120
Report of changes required—
Amendments. The developer shall immediately amend the
public offering statement to include any material changes
affecting the development. No change in the substance of
the promotional plan or plan of disposition or completion of
the development may be made without first making an
appropriate amendment of the public offering statement. A
public offering statement is not current unless it incorporates
all amendments. [1992 c 191 § 6; 1973 1st ex.s. c 12 § 12.]
58.19.130 Public offering statement form—Type
and style restriction. No portion of the public offering
statement form may be underscored, italicized, or printed in
larger or heavier or different color type than the remainder
of the statement unless the director so requires. [1973 1st
ex.s. c 12 § 13.]
58.19.140 Public offering statement—Promotional
use, distribution restriction—Holding out that state or
employees, etc., approve development prohibited. The
public offering statement shall not be used for any promotional purposes. It may not be distributed to prospective
purchasers before registration of the development and may
be distributed afterwards only when it is used in its entirety.
No person may advertise or represent that the state of
Washington or the director, the department, or any employee
thereof approves or recommends the development or disposition thereof. [1973 1st ex.s. c 12 § 14.]
58.19.180 Unlawful to sell lots or parcels subject to
blanket encumbrance which does not provide purchaser
can obtain clear title—Alternatives. It shall be unlawful
for the developer to make a sale of lots or parcels within a
development which is subject to a blanket encumbrance
which does not contain, within its terms or by supplementary
agreement, a provision which shall unconditionally provide
that the purchaser of a lot or parcel encumbered thereby can
obtain the legal title, or other interest contracted for, free and
clear of the lien of such blanket encumbrance upon compliance with the terms and conditions of the purchase agreement, unless the developer shall elect and comply with one
of the following alternative conditions:
(1) The developer shall deposit earnest moneys and all
subsequent payments on the obligation in a neutral escrow
depository, or real estate trust account regulated under RCW
18.85.310, until such time as all payments on the obligation
have been made and clear title is delivered, or any of the
following occurs:
(a) A proper release is obtained from such blanket
encumbrance;
(b) Either the developer or the purchaser defaults under
the sales contract and there is a forfeiture of the interest of
the purchaser or there is a determination as to the disposition
of such moneys, as the case may be; or
(c) The developer orders a return of such moneys to
such purchaser.
[Title 58 RCW—page 21]
58.19.180
Title 58 RCW: Boundaries and Plats
(2) The title to the development is held in trust under an
agreement of trust until the proper release of such blanket
encumbrance is obtained.
(3) The purchaser shall receive title insurance from a licensed title insurance company against such blanket encumbrance. [1992 c 191 § 7; 1973 1st ex.s. c 12 § 18.]
58.19.185 Requiring purchaser to pay additional
sum to construct, complete or maintain development. It
shall be unlawful for the developer to sell a lot or parcel
within a development if the terms of the sale require that the
purchaser pay any sum in addition to the purchase price for
constructing, completing, or maintaining improvements to the
development unless the sums are to be paid directly to:
(1) A governmental agency;
(2) A person who is not affiliated with the developer, in
trust, and on terms acceptable to the director; or
(3) An association comprised solely of persons who
have purchased lots in the development, or their assignees.
The terms which require the payment of any additional
sum shall be set forth in the public offering statement.
[1977 ex.s. c 252 § 1.]
58.19.190 Advertising—Materially false, misleading,
or deceptive statements prohibited. No person shall
publish in this state any advertisement concerning a development subject to the requirements of this chapter which
contains any statements that are materially false, misleading,
or deceptive. [1992 c 191 § 8; 1973 1st ex.s. c 12 § 19.]
58.19.265 Violations—Remedies—Attorneys’ fees.
If a developer, or any other person subject to this chapter,
fails to comply with any provision of this chapter, any
person or class of persons adversely affected by the failure
to comply may seek appropriate relief through an action for
damages or an injunctive court order. The court, in an
appropriate case, may award attorneys’ fees. [1992 c 191 §
9.]
58.19.270 Violations deemed unfair practice subject
to chapter 19.86 RCW. (1) The commission by any person
of an act or practice prohibited by this chapter is hereby
declared to be a matter affecting the public interest for the
purpose of applying chapter 19.86 RCW and is not reasonable in relation to the development and preservation of
business. A violation of this chapter constitutes an unfair or
deceptive act or practice or unfair method of competition in
the conduct of trade or commerce for the purpose of the
attorney general bringing an action in the name of the state
under the consumer protection act, pursuant to RCW
19.86.080.
(2) Evidence concerning violations of this chapter may
be referred to the attorney general, who may, in his or her
discretion, with or without such a reference, in addition to
any other action the attorney general might commence, bring
an action in the name of the state against any person to restrain and prevent the doing of any act or practice prohibited
by this chapter. This chapter shall be considered in conjunction with chapters 9.04 and 19.86 RCW, and the powers and
duties of the attorney general as such powers and duties
[Title 58 RCW—page 22]
appear in chapters 9.04 and 19.86 RCW shall apply against
all persons subject to this chapter.
(3) Only the attorney general can bring an action under
the consumer protection act, chapter 19.86 RCW, pursuant
to this section. [1992 c 191 § 10; 1973 1st ex.s. c 12 § 27.]
58.19.280 Jurisdiction of superior courts. Dispositions of an interest in a development are subject to this
chapter, and the superior courts of this state have jurisdiction
in claims or causes of action arising under this chapter, if:
(1) The interest in a development offered for disposition
is located in this state;
(2) The developer maintains an office in this state; or
(3) Any offer or disposition of an interest in a development is made in this state, whether or not the offeror or
offeree is then present in this state, if the offer originates
within this state or is directed by the offeror to a person or
place in this state and received by the person or at the place
to which it is directed. [1973 1st ex.s. c 12 § 28.]
58.19.300 Hazardous conditions—Notice. If, before
disposition of all or any portion of a development which is
covered by this chapter, a condition constituting a physical
hazard is discovered on or around the immediate vicinity of
the development, the developer or government agency
discovering such condition shall notify the purchasers of the
affected lands either by transmitting notice through the
appropriate county assessor’s office or such other steps as
might reasonably give actual notice to the purchasers. [1992
c 191 § 11; 1973 1st ex.s. c 12 § 30.]
58.19.920 Liberal construction. The provisions of
this chapter shall be construed liberally so as to give effect
to the purposes stated in RCW 58.19.010. [1973 1st ex.s. c
12 § 33.]
58.19.940 Short title. This chapter may be cited as
the land development act. [1992 c 191 § 12; 1973 1st ex.s.
c 12 § 35.]
58.19.950 Severability—1973 1st ex.s. c 12. If any
provision of this 1973 act or the application thereof to any
person or circumstance is held invalid, the invalidity shall
not affect other provisions or applications of the act which
can be given effect without the invalid provisions or application, and to this end the provisions of this 1973 act are
severable. [1973 1st ex.s. c 12 § 36.]
58.19.951 Severability—1992 c 191. If any provision
of this act or its application to any person or circumstances
is held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1992 c 191 § 14.]
(2002 Ed.)
Washington Coordinate System
Chapter 58.20
WASHINGTON COORDINATE SYSTEM
Sections
58.20.110
58.20.120
58.20.130
58.20.140
58.20.150
58.20.160
58.20.170
58.20.180
58.20.190
58.20.200
58.20.210
58.20.220
58.20.901
Definitions.
System designation—Permitted uses.
Plane coordinates adopted—Zones.
Designation of system—Zones.
Designation of coordinates—"N" and "E."
Tract in both zones—Description.
Zones—Technical definitions.
Recording coordinates—Control stations.
Conversion of coordinates—Metric.
Term—Limited use.
United States survey prevails—Conflict.
Real estate transactions—Exemption.
Severability—1989 c 54.
58.20.110 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 58.20.110 through 58.20.220 and
58.20.901:
(1) "Committee" means the interagency federal geodetic
control committee or its successor;
(2) "GRS 80" means the geodetic reference system of
1980 as adopted in 1979 by the international union of
geodesy and geophysics defined on an equipotential ellipsoid;
(3) "National geodetic survey" means the national ocean
service’s national geodetic survey of the national oceanic and
atmospheric administration, United States department of
commerce, or its successor;
(4) "Washington coordinate system of 1927" means the
system of plane coordinates in effect under this chapter until
July 1, 1990, which is based on the North American datum
of 1927 as determined by the national geodetic survey of the
United States department of commerce;
(5) "Washington coordinate system of 1983" means the
system of plane coordinates under this chapter based on the
North American datum of 1983 as determined by the
national geodetic survey of the United States department of
commerce. [1989 c 54 § 9.]
58.20.120 System designation—Permitted uses.
Until July 1, 1990, the Washington coordinate system of
1927, or its successor, the Washington coordinate system of
1983, may be used in Washington for expressing positions
or locations of points on the surface of the earth. On and
after that date, the Washington coordinate system of 1983
shall be the designated coordinate system in Washington.
The Washington coordinate system of 1927 may be used
only for purposes of reference after June 30, 1990. [1989 c
54 § 10.]
58.20.130 Plane coordinates adopted—Zones. The
system of plane coordinates which has been established by
the national geodetic survey for defining and stating the
positions or locations of points on the surface of the earth
within the state of Washington is designated as the "Washington coordinate system of 1983."
For the purposes of this system the state is divided into
a "north zone" and a "south zone."
(2002 Ed.)
Chapter 58.20
The area now included in the following counties shall
constitute the north zone: Chelan, Clallam, Douglas, Ferry,
Island, Jefferson, King, Kitsap, Lincoln, Okanogan, Pend
Oreille, San Juan, Skagit, Snohomish, Spokane, Stevens,
Whatcom, and that part of Grant lying north of parallel 47°
30’ north latitude.
The area now included in the following counties shall
constitute the south zone: Adams, Asotin, Benton, Clark,
Columbia, Cowlitz, Franklin, Garfield, that part of Grant
lying south of parallel 47° 30’ north latitude, Grays Harbor,
Kittitas, Klickitat, Lewis, Mason, Pacific, Pierce, Skamania,
Thurston, Wahkiakum, Walla Walla, Whitman and Yakima.
[1989 c 54 § 11.]
58.20.140 Designation of system—Zones. As
established for use in the north zone, the Washington
coordinate system of 1983 shall be named, and in any land
description in which it is used it shall be designated, the
"Washington coordinate system of 1983, north zone."
As established for use in the south zone, the Washington
coordinate system of 1983 shall be named, and in any land
description in which it is used it shall be designated, the
"Washington coordinate system of 1983, south zone." [1989
c 54 § 12.]
58.20.150 Designation of coordinates—"N" and
"E." "N" and "E" shall be used in labeling coordinates of
a point on the earth’s surface and in expressing the position
or location of such point relative to the origin of the appropriate zone of this system, expressed in meters and
decimals of a meter. These coordinates shall be made to
depend upon and conform to the coordinates, on the Washington coordinate system of 1983, of the horizontal control
stations of the national geodetic survey within the state of
Washington, as those coordinates have been determined,
accepted, or adjusted by the survey. [1989 c 54 § 13.]
58.20.160 Tract in both zones—Description. When
any tract of land to be defined by a single description
extends from one into the other of the coordinate zones
under RCW 58.20.130, the positions of all points on its
boundaries may be referred to either of the zones, the zone
which is used being specifically named in the description.
[1989 c 54 § 14.]
58.20.170 Zones—Technical definitions. For
purposes of more precisely defining the Washington coordinate system of 1983, the following definition by the national
geodetic survey is adopted:
The Washington coordinate system of 1983, north zone,
is a Lambert conformal conic projection of the GRS 80
spheroid, having standard parallels at north latitudes 47° 30’
and 48° 44’, along which parallels the scale shall be exact.
The origin of coordinates is at the intersection of the meridian 120° 50’ west of Greenwich and the parallel 47° 00’
north latitude. This origin is given the coordinates: E =
500,000 meters and N = 0 meters.
The Washington coordinate system of 1983, south zone,
is a Lambert conformal conic projection of the GRS 80
spheroid, having standard parallels at north latitudes 45° 50’
and 47° 20’, along which parallels the scale shall be exact.
[Title 58 RCW—page 23]
58.20.170
Title 58 RCW: Boundaries and Plats
The origin of coordinates is at the intersection of the meridian 120° 30’ west of Greenwich and the parallel 45° 20’
north latitude. This origin is given the coordinates: E =
500,000 meters and N = 0 meters. [1989 c 54 § 15.]
58.20.180 Recording coordinates—Control stations.
Coordinates based on the Washington coordinate system of
1983, purporting to define the position of a point on a land
boundary, may be presented to be recorded in any public
land records or deed records if the survey method used for
the determination of these coordinates is established in
conformity with standards and specifications prescribed by
the interagency federal geodetic control committee, or its
successor. These surveys shall be connected to monumented
control stations that are adjusted to and published in the
national network of geodetic control by the national geodetic
survey and such connected horizontal control stations shall
be described in the land or deed record. Standards and
specifications of the committee in force on the date of the
survey shall apply. In all instances where reference has been
made to such coordinates in land surveys or deeds, the scale
and sea level factors shall be stated for the survey lines used
in computing ground distances and areas.
The position of the Washington coordinate system of
1983 shall be marked on the ground by horizontal geodetic
control stations which have been established in conformity
with the survey standards adopted by the committee and
whose geodetic positions have been rigorously adjusted on
the North American datum of 1983, and whose coordinates
have been computed and published on the system defined in
RCW 58.20.110 through 58.20.220 and 58.20.901. Any such
control station may be used to establish a survey connection
with the Washington coordinate system of 1983. [1989 c 54
§ 16.]
58.20.190 Conversion of coordinates—Metric. Any
conversion of coordinates between the meter and the United
States survey foot shall be based upon the length of the
meter being equal to exactly 39.37 inches. [1989 c 54 § 17.]
58.20.200 Term—Limited use. The use of the term
"Washington coordinate system of 1983" on any map, report
of survey, or other document, shall be limited to coordinates
based on the Washington coordinate system of 1983 as defined in this chapter. [1989 c 54 § 18.]
58.20.210 United States survey prevails—Conflict.
Whenever coordinates based on the Washington coordinate
system of 1983 are used to describe any tract of land which
in the same document is also described by reference to any
subdivision, line or corner of the United States public land
surveys, the description by coordinates shall be construed as
supplemental to the basic description of such subdivision,
line, or corner contained in the official plats and field notes
filed of record, and in the event of any conflict the description by reference to the subdivision, line, or corner of the
United States public land surveys shall prevail over the
description by coordinates. [1989 c 54 § 19.]
or mortgagee to rely on a description, any part of which
depends exclusively upon the Washington coordinate system
of 1927 or 1983. [1989 c 54 § 20.]
58.20.901 Severability—1989 c 54. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 54 § 21.]
Chapter 58.22
STATE BASE MAPPING SYSTEM
Sections
58.22.010
58.22.020
58.22.030
Legislative intent.
Establishment and maintenance—Standards.
United States geological survey quadrangle map separates—
Acquisition by state agencies.
58.22.040 United States geological survey quadrangle map separates—
State depository.
58.22.050 Availability of map separates—Powers and duties of department.
Surveys and maps account established for purposes of chapter 58.22 RCW:
RCW 58.24.060.
58.22.010 Legislative intent. It is the intent of the
legislature to establish a coordinated system of state base
maps to assist all levels of government to more effectively
provide the information to meet their responsibilities for
resource planning and management.
It is further the legislature’s intent to eliminate duplication, to insure compatibility, and to create coordination
through a uniform base which all agencies will use.
It is in the interest of all citizens in the state of Washington that a state base mapping system be established to
make essential base maps available at cost to all users, both
public and private. [1973 1st ex.s. c 159 § 1.]
58.22.020 Establishment and maintenance—
Standards. The department of natural resources shall
establish and maintain a state base mapping system. The
standards for the state base mapping system shall be:
(1) A series of fifteen minute United States geological
survey quadrangle map separates at a scale of one to 48,000
(one inch equals 4,000 feet) covering the entire state;
(2) A series of seven and one-half minute United States
geological survey quadrangle map separates at a scale of one
to 24,000 (one inch equals 2,000 feet) for urban areas;
including but not limited to those identified as urban by the
state department of transportation for the United States
department of transportation.
All features and symbols added to the quadrangle
separates shall meet as nearly as is practical national map
accuracy standards and specifications as defined by the
United States geological survey for their fifteen minute and
seven and one-half minute quadrangle map separates.
Each quadrangle shall be revised by the department of
natural resources as necessary to reflect current conditions.
[1984 c 7 § 367; 1973 1st ex.s. c 159 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
58.20.220 Real estate transactions—Exemption.
Nothing contained in this chapter shall require any purchaser
[Title 58 RCW—page 24]
(2002 Ed.)
State Base Mapping System
58.22.030 United States geological survey quadrangle map separates—Acquisition by state agencies. Any
state agency purchasing or acquiring United States geological
survey quadrangle map separates shall do so through the
department of natural resources. [1973 1st ex.s. c 159 § 3.]
58.22.040 United States geological survey quadrangle map separates—State depository. The department of
natural resources shall be the primary depository of all
United States geological survey quadrangle map separates for
state agencies: PROVIDED, That any state agency may
maintain duplicate copies. [1973 1st ex.s. c 159 § 4.]
58.22.050 Availability of map separates—Powers
and duties of department. (1) All United States geological
survey quadrangle map separates shall be available at cost to
all state agencies, local agencies, the federal government,
and any private individual or company through duplication
and purchase.
The department shall coordinate all requests for the use
of United States geological survey quadrangle map separates
and shall provide advice on how to best use the system.
(2) The department shall maintain a catalogue showing
all United States geological survey quadrangle map separates
available. The department shall also catalogue information
describing additional separates or products created by users.
Copies of maps made for any state or local agency shall be
available to any other state or local agency. [1973 1st ex.s.
c 159 § 5.]
Chapter 58.24
STATE AGENCY FOR SURVEYS
AND MAPS—FEES
Sections
58.24.010
58.24.020
58.24.030
Declaration of necessity.
Official agency designated—Advisory board.
Official agency designated—Powers—Cooperate and advise—Purposes.
58.24.040 Official agency designated—Powers—Standards, maps, records, report, temporary removal of boundary marks or
monuments.
58.24.050 Employees—Licensed engineers or surveyors.
58.24.060 Surveys and maps account—Purposes.
58.24.070 Fees for filing and recording surveys, plats, or maps—
Deposit and use of fees.
Cemetery property—Surveys and maps, plats, etc.: Chapter 68.24 RCW.
Counties—Land surveys, record of surveys: RCW 36.32.370, 36.32.380.
Geological survey: Chapter 43.27A RCW.
Irrigation districts—Map of district: RCW 87.03.775.
Public lands—Maps and plats—Record and index—Public inspection: RCW
79.01.708.
Reclamation districts—Surveys, etc.: Chapter 89.30 RCW.
Regulation of public ground waters—Designating or modifying boundaries
of areas—Notice of hearing—Findings—Order: RCW 90.44.130.
Restoration of United States survey markers: RCW 47.36.010.
State highways and toll bridges
copy of map, plans, etc.—Fee: RCW 47.28.060.
maps, plans, etc.—Filing: RCW 47.28.040.
58.24.010 Declaration of necessity. It is the responsibility of the state to provide a means for the identification
(2002 Ed.)
58.22.030
and preservation of survey points for the description of
common land boundaries in the interest of the people of the
state. There is a necessity for the adoption and maintenance
of a system of permanent reference as to boundary monuments. The department of natural resources shall be the
recognized agency for the establishment of this system.
[1987 c 466 § 4; 1982 c 165 § 1; 1951 c 224 § 2.]
Severability—1951 c 224: "If any provision of this act shall be
declared invalid, such invalidity shall not affect any other portion of this act
which can be given effect without the invalid provision, and to this end the
provisions of this act are declared to be severable." [1951 c 224 § 7.]
58.24.020 Official agency designated—Advisory
board. The department of natural resources is designated as
the official agency for surveys and maps. The commissioner
of public lands shall appoint an advisory board of five
members, the majority of whom shall be registered professional engineers or land surveyors, who shall serve at the
pleasure of the commissioner. Members of the board shall
serve without salary but are to receive travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now
existing or hereafter amended while actively engaged in the
discharge of their duties. [1987 c 466 § 5; 1982 c 165 § 2;
1975-’76 2nd ex.s. c 34 § 152; 1951 c 224 § 3.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Severability—1951 c 224: See note following RCW 58.24.010.
Department of natural resources to exercise powers and duties of commissioner of public lands: RCW 43.30.130.
58.24.030 Official agency designated—Powers—
Cooperate and advise—Purposes. The commissioner of
public lands, the department of natural resources, and the
advisory board are authorized to cooperate and advise with
various departments and subdivisions of the state, counties,
municipalities, and registered engineers or land surveyors of
the state for the following purposes:
(1) The recovery of section corners or other land
boundary marks;
(2) The monumentation of accepted section corners, and
other boundary and reference marks; said monumentation
shall be adequately connected to adjusted United States coast
and geodetic survey triangulation stations and the coordinates
of the monuments computed to conform with the Washington coordinate system in accordance with the provisions of
chapter 58.20 RCW, as derived from chapter 168, Laws of
1945;
(3) For facilitation and encouragement of the use of the
Washington state coordinate system; and
(4) For promotion of the use of the level net as established by the United States coast and geodetic survey. [1987
c 466 § 6; 1982 c 165 § 3; 1951 c 224 § 4.]
Severability—1951 c 224: See note following RCW 58.24.010.
58.24.040 Official agency designated—Powers—
Standards, maps, records, report, temporary removal of
boundary marks or monuments. The agency designated
by RCW 58.24.020 is further authorized to:
(1) Set up standards of accuracy and methods of
procedure;
(2) Compile and publish maps and records from surveys
performed under the provisions of this chapter, and to
[Title 58 RCW—page 25]
58.24.040
Title 58 RCW: Boundaries and Plats
maintain suitable indexes of surveys to prevent duplication
of effort and to cooperate with all agencies of local, state,
and federal government to this end;
(3) Compile and maintain records of all surveys performed under the provisions of this chapter, and assemble
and maintain records of all reliable survey monuments and
bench marks within the state;
(4) Collect and preserve information obtained from
surveys locating and establishing land monuments and land
boundaries;
(5) Supervise the sale and distribution of cadastral and
geodetic survey data, and such related survey maps and
publications as may come into the possession of the department of natural resources. Revenue derived from the sale
thereof shall be deposited in the surveys and maps account
in the general fund;
(6) Supervise the sale and distribution of maps, map
data, photographs, and such publications as may come into
the possession of the department of natural resources.
(7) Submit, as part of the biennial report of the commissioner of public lands, a report of the accomplishments of
the agency;
(8) Permit the temporary removal or destruction of any
section corner or any other land boundary mark or monument by any person, corporation, association, department, or
subdivision of the state, county, or municipality as may be
necessary or desirable to accommodate construction, mining,
and other development of any land: PROVIDED, That such
section corner or other land boundary mark or monument
shall be referenced to the Washington Coordinate System by
a registered professional engineer or land surveyor prior to
such removal or destruction, and shall be replaced or a
suitable reference monument established by a registered
professional engineer or land surveyor within a reasonable
time after completion of such construction, mining, or other
development: AND PROVIDED FURTHER, That the
department of natural resources shall adopt and promulgate
reasonable rules and regulations under which the agency
shall authorize such temporary removal or destruction and
require the replacement of such section corner or other land
boundary marks or monuments. [1987 c 466 § 7; 1982 c
165 § 4; 1969 ex.s. c 271 § 25; 1951 c 224 § 6.]
Severability—1969 ex.s. c 271: See RCW 58.17.910.
Severability—1951 c 224: See note following RCW 58.24.010.
58.24.050 Employees—Licensed engineers or
surveyors. All employees who are in responsible charge of
work under the provisions of this chapter shall be licensed
professional engineers or land surveyors. [1982 c 165 § 5;
1951 c 224 § 5.]
Severability—1951 c 224: See note following RCW 58.24.010.
58.24.060 Surveys and maps account—Purposes.
There is created in the state treasury the surveys and maps
account which shall be a separate account consisting of
funds received or collected under chapters 58.22 and 58.24
RCW, moneys appropriated to it by law. This account shall
be used exclusively by the department of natural resources
for carrying out the purposes and provisions of chapters
58.22 and 58.24 RCW. Appropriations from the account
shall be expended for no other purposes. [1991 sp.s. c 13 §
[Title 58 RCW—page 26]
14; 1987 c 466 § 8; 1985 c 57 § 65; 1983 c 272 § 1; 1982
c 165 § 6.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
58.24.070 Fees for filing and recording surveys,
plats, or maps—Deposit and use of fees. A fee set by the
board of natural resources shall be charged by each county
auditor, in addition to any other fees required by law, as a
condition precedent to the filing and recording of any
surveys, subdivision plats, short plats, and condominium
surveys, plats, or maps. Such funds shall be forwarded
monthly to the state treasurer to be deposited in the surveys
and maps account in the general fund. The fees shall be
verified in the same manner as other fees collected by the
county auditor. Fees collected under this section shall be
expended by the department only for the activities prescribed
in this chapter. [1987 c 466 § 9; 1983 c 272 § 2; 1982 c
165 § 7.]
Condominium surveys and maps: RCW 64.32.100.
Plats and subdivisions: Chapter 58.17 RCW.
Chapter 58.28
TOWNSITES ON UNITED STATES LAND—
ACQUISITION OF LAND
Sections
INCORPORATED TOWNS ON UNITED STATES LAND
58.28.010
58.28.020
58.28.030
58.28.040
58.28.050
58.28.060
58.28.070
58.28.080
58.28.090
58.28.100
58.28.110
58.28.120
58.28.130
58.28.140
58.28.150
58.28.160
58.28.170
58.28.180
58.28.190
58.28.200
58.28.201
58.28.202
58.28.203
58.28.204
Councils’ duties when townsites on United States land.
Councils’ duties when townsites on United States land—
Survey and plat.
Councils’ duties when townsites on United States land—
Plats—Filing.
Councils’ duties when townsites on United States land—
Survey, notice of—Bids for—Franchises continued.
Contents of plat.
Monuments—Location, placement requisites.
Monuments—Markings—Surveyor’s certificate on plat.
Plats filed—Auditor’s fee.
Assessments.
Notice of possession filed—Assessment and fee—
Certificate—Council record.
Deficiency assessment—When payable.
Deed to claimants—Actions contesting title, limitations on.
Entries on mineral lands—Rights of claimants.
Conflicting claims—Procedure.
Notice of filing patent—Abandonment of claim.
Sale of unoccupied lots—Notice—Minimum price.
Lands for school and municipal purposes—Funds.
Effect of informalities—Certificate or deed as prima facie
evidence.
Corporate authorities to act promptly.
Proof requisite to delivery of deed.
Title to vacated lots by occupancy and improvements.
Controversies, by whom settled—Review.
Platted lands declared dedicated to public use.
Appeals—Procedure.
UNINCORPORATED TOWNS ON UNITED STATES LAND
58.28.210
58.28.220
58.28.230
58.28.240
58.28.250
58.28.260
Unincorporated towns on United States land—Superior court
judge to file claim.
Petition to superior court judge—Contents—Procedure.
Survey and plat—Boundaries—Monuments.
Plats—Filing.
Survey, notice of—Bids for—Franchises continued.
Contents of plat.
(2002 Ed.)
Townsites on United States Land—Acquisition of Land
58.28.270
58.28.280
58.28.290
58.28.300
58.28.310
58.28.320
58.28.330
58.28.340
58.28.350
58.28.360
58.28.370
58.28.380
58.28.390
58.28.400
58.28.410
58.28.420
58.28.430
58.28.440
58.28.450
58.28.460
58.28.470
58.28.480
58.28.490
58.28.500
58.28.510
58.28.520
Monuments—Location, placement requisites.
Monuments—Markings—Surveyor’s certificate on plat.
Plats filed—Auditor’s fee.
Assessments—Disposition—Employment of attorney authorized.
Notice of possession filed—Assessment and fee—
Certificate—Judge’s record.
Deficiency assessment—When payable.
Deed to claimants—Actions contesting title, limitations on.
Entries on mineral lands—Rights of claimants.
Conflicting claims—Procedure.
Proof of right—Costs upon failure of both conflicting parties.
Notice of filing patent.
Abandonment of claim.
Sale of unoccupied lots—Notice—Minimum price.
Lands for school and public purposes—Expenses as charge
against fund.
Disposition of excess money—Special fund.
Effect of informalities—Certificate or deed as prima facie
evidence.
Proof requisite to delivery of deed.
Platted lands declared dedicated to public use.
Clerk’s duties when judge trustee.
Accounting and depositing money—Promptness.
Records filed with county clerk.
Judge, a trustee for purposes herein.
Appellate review—Procedure.
Succession of trust.
Title to vacated lots by occupancy and improvements.
Controversies, by whom settled—Review.
INCORPORATED TOWNS ON
UNITED STATES LAND
58.28.010 Councils’ duties when townsites on
United States land. It is the duty of the city or town
council of any city or town in this state situate upon public
lands of the United States or lands, the legal and equitable
title to which is in the United States of America, to enter at
the proper land office of the United States such quantity of
land as the inhabitants of any incorporated city or town may
be entitled to claim, in the aggregate, according to their
population, in the manner required by the laws of the United
States and the regulations prescribed by the secretary of the
interior of the United States, and by order entered upon their
minutes and proceedings, at a regular meeting, to authorize
and direct the mayor and clerk of such council, attested by
the corporate seal, to make and sign all necessary declaratory
statements, certificates, and affidavits, or other instruments
requisite to carry into effect the intentions of this chapter and
the intentions of the act of congress of the United States
entitled "An act for the relief of the inhabitants of cities and
towns upon the public lands," approved March 2, 1867, and
all acts of congress amendatory thereof and supplemental
thereto, including section sixteen of an act of congress
entitled "An act to repeal timber culture laws and for other
purposes," approved March 3, 1891, and to make proof,
when required, of the facts necessary to establish the claim
of such inhabitants to the lands so granted by said acts of
congress, and file in the proper United States land office a
proper application in writing describing the tracts of land on
which such city or town is situate, and make proof and
payment for such tracts of land in the manner required by
law. [1909 c 231 § 1; RRS § 11485. Prior: 1888 c 124 pp
216-220.]
(2002 Ed.)
Chapter 58.28
58.28.020 Councils’ duties when townsites on
United States land—Survey and plat. Said council must
cause a survey to be made by some competent person, of the
lands which the inhabitants of said city or town may be
entitled to claim under the said act of congress, located
according to the legal subdivisions of the sections and by the
section lines of the United States, and the same must be distinctly marked by suitable monuments; such survey must
further particularly designate all streets, roads, lanes and
alleys, public squares, churches, school lots, cemeteries,
commons and levees as the same exist and have been heretofore dedicated in any manner to public use, and by
measurement the precise boundaries and area of each, and
every lot or parcel of land and premises claimed by any
person, corporations or associations within said city or
townsite must, as far as known by the surveyor, be designated on the plat, showing the name or names of the possessor
or occupants and claimants, and in case of any disputed
claim as to lots, lands, premises or boundaries the said
surveyor, if the same be demanded by any person, shall
designate the lines in different color from the body of the
plat of such part of any premises so disputed or claimed
adversely. [1909 c 231 § 2; RRS § 11486. Prior: 1888 c
124 pp 216-220.]
58.28.030 Councils’ duties when townsites on
United States land—Plats—Filing. A plat thereof must be
made in triplicate, on a scale of not less than eighty feet to
one inch, which must be duly certified under oath by the
surveyor, one of which must be filed with the county auditor
of the county wherein the city or town is situated, one must
be deposited in the proper United States land office, and one
with the city or town clerk. These plats shall be considered
public records, and each must be accompanied with a copy
of the field notes, and the county auditor must make a record
of such plat in a book to be kept by him for that purpose,
and such county auditor must file a copy of said field notes
in his office. The said surveyor must number the blocks as
divided by the roads, highways and streets opened and
generally used, and for which a public necessity exists at the
time of making such survey, and must number the several
lots consecutively in each block, and all other parcels of land
within said town or city surveyed as herein provided, which
said numbers must be a sufficient description of any parcel
of land in said plats. Said survey and plat thereof shall
conform as near as may be to the existing rights, interests
and claims of the occupants thereof, but no lot in the central
or business portion of such city or town shall exceed in area
four thousand, two hundred square feet, and no suburban lot
in such city or town shall exceed two acres in area. [1909
c 231 § 3; RRS § 11487. Prior: 1888 c 124 pp 216-220.]
58.28.040 Councils’ duties when townsites on
United States land—Survey, notice of—Bids for—
Franchises continued. Before proceeding to make such
survey, at least ten days’ notice thereof must be given, by
posting within the limits of such city or townsite, not less
than five written or printed notices of the time when such
survey shall commence, or by publication thereof in a
newspaper published in the city or town, if one there be.
The survey of said city or town lands must be made to the
[Title 58 RCW—page 27]
58.28.040
Title 58 RCW: Boundaries and Plats
best advantage and at the least expense to the holders,
claimants and occupants thereof; and the council is hereby
authorized and directed to receive bids for such surveying,
and to let the same by contract to the lowest competent
bidder: PROVIDED, That the possessors, owners and
claimants of water works, electric light, telegraph, telephone,
pipe or power lines, sewers and like or similar property
located in such roads, streets, alleys and other public places
in such cities and towns shall be maintained and protected in
the same, as the same shall exist at the time of the entry in
the United States land office of the land embracing such city
or town, and the right to continue to use such property for
the purposes for which said property was intended, is hereby
acknowledged and confirmed. [1909 c 231 § 4; RRS §
11488. Prior: 1888 c 124 pp 216-220.]
58.28.050 Contents of plat. Such plat must show as
follows:
(1) All streets, alleys, avenues, roads and highways, and
the width thereof.
(2) All parks, squares and all other grounds reserved for
public uses, with the boundaries and dimensions thereof.
(3) All lots and blocks, with their boundaries, designating such lots and blocks by numbers, and giving the dimensions of every lot.
(4) The angles of intersection of all boundary lines of
the lots and block, whenever the angle of intersection is not
a right angle.
(5) The location of all stone or iron monuments set to
establish street lines.
(6) The exterior boundaries of the piece of land so
platted, giving such boundaries by true courses and distances.
(7) The location of all section corners, quarter section
or meander corners of sections within the limits of said plat.
(8) In case no such section or quarter section or meander corners are within the limits of the plat, it must show a
connection line to some corner or initial point of the government surveys, or a government mineral monument, if there
be any within one mile of such townsite. All distances
marked on the plat must be in feet and decimals of a foot.
[1909 c 231 § 5; RRS § 11489. Prior: 1888 c 124 pp 216220.]
58.28.060 Monuments—Location, placement
requisites. Such surveyor must mark all corners of blocks
or lots shown on the plat by substantial stakes or monuments, and must set stone or iron monuments at the points
of intersection of the center lines of all the streets, where
practicable, or as near as possible to such points, and their
location must be shown by marking on the plat the distances
to the block corners adjacent thereto. The top of such
monument must be placed one foot below the surface of the
ground, and in size must be at least six inches by six inches
by six inches, and be placed in the ground to the depth of
one foot. [1909 c 231 § 6; RRS § 11490. Prior: 1888 c
124 pp 216-220.]
58.28.070 Monuments—Markings—Surveyor’s
certificate on plat. If a stone is used as a monument, it
must have a cross cut in the top at the point of intersection
[Title 58 RCW—page 28]
of the center lines of streets, or a hole may be drilled in the
stone to mark such point. If an iron monument is used it
must be at least two inches in diameter by two and one-half
feet in length, and may be either solid iron or pipe. The
dimensions of the monuments must be marked on the plat,
and reference thereto made in the field notes, and establish
permanently the lines of all the streets. The surveyor must
make and subscribe on the plat a certificate that such survey
was made in accordance with the provisions of this chapter,
stating the date of survey, and verify the same by his oath.
[1909 c 231 § 7; RRS § 11491. Prior: 1888 c 124 pp 216220.]
58.28.080 Plats filed—Auditor’s fee. All such plats
must be made on mounted drawing paper, and filed and
recorded in the office of the county auditor, and he must
keep the original plat for public inspection. The fee of such
county auditor for filing and recording each of such plats
and the field notes accompanying the same shall be the sum
of ten dollars. [1909 c 231 § 8; RRS § 11492. Prior: 1888
c 124 pp 216-220.]
58.28.090 Assessments. Each lot or parcel of said
lands having thereon valuable improvements or buildings
ordinarily used as dwellings or for business purposes, not
exceeding one-tenth of one acre in area, shall be rated and
assessed by the said corporate authorities at the sum of one
dollar; each lot or parcel of such lands exceeding one-tenth
and not exceeding one-eighth of one acre in area, shall be
rated and assessed at the sum of one dollar and fifty cents;
each lot or parcel of such lands exceeding in area one-eighth
of one acre and not exceeding one-quarter of an acre in area,
shall be rated and assessed at the sum of two dollars; and
each lot or parcel of such lands exceeding one-quarter of an
acre and not exceeding one-half of one acre in area, shall be
rated and assessed at the sum of two dollars and fifty cents;
and each lot or parcel of land so improved exceeding onehalf acre in area shall be assessed at the rate of two dollars
and fifty cents for each half an acre or fractional part over
half an acre; and every lot or parcel of land enclosed, which
may not otherwise be improved, claimed by any person,
corporation, or association, shall be rated and assessed at the
rate of two dollars per acre or fractional part over an acre;
and where upon one parcel of land there shall be two or
more separate buildings occupied or used ordinarily as
dwellings or for business purposes each such building, for
the purposes of this section, shall be considered as standing
on a separate lot of land; but the whole of such premises
may be conveyed in one deed; which moneys so assessed
must be received by the clerk and be paid by him into the
city or town treasury. [1909 c 231 § 9; RRS § 11493.
Prior: 1888 c 124 pp 216-220.]
58.28.100 Notice of possession filed—Assessment
and fee—Certificate—Council record. Every person,
company, corporation or association claimant of any city or
town lot or parcel of land within the limits of such city or
townsite, must present to the council, by filing the same with
the clerk thereof, within three months after the patent (or
certified copy thereof) from the United States has been filed
in the office of the county auditor, his, her, its or their
(2002 Ed.)
Townsites on United States Land—Acquisition of Land
affidavit, (or by guardian or next friend where the claimant
is under disability), verified in person or by duly authorized
agent, attorney, guardian or next friend, in which must be
concisely stated the facts constituting the possession or right
of possession of the claimant, and that the claimant is
entitled to the possession thereof and to a deed therefor as
against all other persons, to the best of his knowledge and
belief, and stating who was an occupant of such lot or parcel
of land at the time of the entry of such townsite at the
United States land office, to which must be attached a copy
of so much of the plat of said city or townsite as will fully
exhibit the particular lot or parcel of land so claimed, and
every such claimant, at the time of filing such affidavit, must
pay to such clerk such sum of money as said clerk shall
certify to be due for the assessment mentioned in RCW
58.28.090, together with the further sum of four dollars, to
be appropriated to the payment of expenses incurred in
carrying out the provisions of this chapter, and the said clerk
must thereupon give to such claimant a certificate, attested
by the corporate seal, containing a description of the lot or
parcel of land claimed, and setting forth the amounts paid
thereon by such claimant. The council of every such city or
town must procure a bound book, wherein the clerk must
make proper entries of the substantial matters contained in
every such certificate issued by him, numbering the same in
consecutive order, setting forth the name of the claimant or
claimants in full, date of issue, and description of lot or
lands claimed. [1909 c 231 § 10; RRS § 11494. Prior:
1888 c 124 pp 216-220.]
58.28.110 Deficiency assessment—When payable.
If it is found that the amounts hereinbefore specified as
assessments and fees for costs and expenses prove to be
insufficient to cover and defray all the necessary expenses,
the council must estimate the deficiency and assess such
deficiency pro rata upon all the lots and parcels of land in
such city or town, and declare the same upon the basis set
down in RCW 58.28.090, which additional amount, if any,
may be paid by the claimant at the time when the certificate
hereinafter [hereinbefore] mentioned, or at the time when the
deed of conveyance hereinbefore [hereinafter] provided for,
is issued. [1909 c 231 § 11; RRS § 11495. Prior: 1888 c
124 pp 216-220.]
58.28.120 Deed to claimants—Actions contesting
title, limitations on. At the expiration of six months after
the time of filing of such patent, or a certified copy thereof
in the office of the county auditor, if there has been no adverse claim filed in the meantime, the council must execute
and deliver to such claimant, his or her, its or their heirs,
executors, administrators, grantees, successors or assigns a
good and sufficient deed of the premises described in the
application of the claimant originally filed, if proper proof
shall have been made, which said deed must be signed and
acknowledged by the mayor or other presiding officer of the
council, and attested by the corporate seal of such city or
town. No conveyance of any such lands made as in this
chapter provided, concludes the rights of third persons; but
such third persons may have their action in the premises, to
determine their alleged interest in such lands and their right
to the legal title thereto against such grantee, his, her, its or
(2002 Ed.)
58.28.100
their heirs, successors or assigns, to which they may deem
themselves entitled either in law or equity; but no action for
the recovery or possession of such premises, or any portion
thereof, or to establish the right to the legal title thereto,
must be maintained in any court against the grantee named
therein, or against his, her, its or their legal representatives
or assigns, unless such action shall be commenced within six
months after such deed shall have been filed for record in
the office of the county auditor of the county where such
lands are situate; nothing herein shall be construed to extend
the time of limitation prescribed by law for the commencement of actions upon the possessory claim or title to real
estate, when such action is barred by law at the time of the
passage of this chapter. [1909 c 231 § 12; RRS § 11496.
Prior: 1888 c 124 pp 216-220.]
58.28.130 Entries on mineral lands—Rights of
claimants. Townsite entries may be made by incorporated
towns or cities on the mineral lands of the United States, but
no title shall be acquired by such towns or cities to any vein
of gold, silver, cinnabar, copper or lead, or to any valid
mining claim or possession held under existing law. When
mineral veins are possessed within the limits of an incorporated town or city, and such possession is recognized by
local authority or by the laws of the United States, the title
to town lots shall be subject to such recognized possession
and the necessary use thereof and when entry has been made
or patent issued for such townsites to such incorporated town
or city, the possessor of such mineral vein may enter and
receive patent for such mineral vein, and the surface ground
appertaining thereto: PROVIDED, That no entry shall be
made by such mineral vein claimant for surface ground
where the owner or occupier of the surface ground shall
have had possession of the same before the inception of the
title of the mineral vein applicant. [1909 c 231 § 13; RRS
§ 11497. Prior: 1888 c 124 pp 216-220.]
58.28.140 Conflicting claims—Procedure. In all
cases of adverse claims or disputes arising out of conflicting
claims to lands or concerning boundary lines, the adverse
claimants may submit the decision thereof to the council of
such city or town by an agreement in writing specifying
particularly the subject matter in dispute, and may agree that
their decision shall be final. The council must hear the
proofs, and shall order a deed to be executed or denied in
accordance with the facts; but in all other cases of adverse
claims, the party out of possession shall commence his
action in a court of competent jurisdiction within six months
after the time of filing of the patent from the United States
(or a certified copy thereof), in the office of the county
auditor. In case such action be commenced, the plaintiff
must serve a notice of lis pendens upon the mayor, who
must thereupon stay all proceedings in the matter of granting
any deed to the land in dispute until the final decision in
such suit; and upon presentation of a certified copy of the
final judgment of such court in such action, the council must
cause to be executed and delivered a deed of such premises,
in accordance with the judgment, adjudging the claimant to
have been an occupant of any particular lot or lots at the
time of the entry of such townsite in the United States land
office, or to be the successor in interest of such occupant.
[Title 58 RCW—page 29]
58.28.140
Title 58 RCW: Boundaries and Plats
If in any action brought under this chapter, or under said
acts of congress, the right to the ground in controversy shall
not be established by either party, the court or jury shall so
find and judgment shall be entered accordingly. In such
case costs shall not be allowed to either party, and neither
party shall be entitled to a deed to the ground in controversy,
and in such action it shall be incumbent upon each claimant
to establish that he, she or it was an occupant of the ground
in controversy within the meaning of the said acts of
congress at the time of the entry of said townsite in the
United States land office, or is the successor in interest of
such occupant. [1909 c 231 § 14; RRS § 11498. Prior:
1888 c 124 pp 216-220.]
Proof of right—Costs upon failure of both conflicting parties: RCW
58.28.360.
58.28.150 Notice of filing patent—Abandonment of
claim. The said council must give public notice by advertising for four weeks in a newspaper published in said city or
town, or, if there be no newspaper published in said city or
town, then by publication in some newspaper having general
circulation in such city or town, and not less than five
written or printed notices must be posted in public places
within the limits of such city or townsite; such notice must
state that patent for said townsite (or certified copy thereof)
has been filed in the county auditor’s office. If any person,
company, association or any other claimant of lands in such
city or town fails, neglects or refuses to make application to
the council for a deed of conveyance to the lands so
claimed, and to pay the sums of money specified in this
chapter, within three months after filing of such patent, or a
certified copy thereof, in the office of the county auditor,
shall be deemed to have abandoned the same and to have
forfeited all right, title and interest therein or thereto both in
law and in equity as against the trustee of said townsite, and
such abandoned or forfeited lot or lots shall be sold as
unoccupied lands, and the proceeds thereof placed in the
special fund in this chapter mentioned. [1909 c 231 § 15;
RRS § 11499. Prior: 1888 c 124 pp 216-220.]
58.28.160 Sale of unoccupied lots—Notice—
Minimum price. All lots in such city or townsite which
were unoccupied at the time of the entry of said townsite in
the United States land office shall be sold by the corporate
authorities of such city or town, or under their direction, at
public auction to the highest bidder for cash, each lot to be
sold separately, and notice of such sale or sales shall be
given by posting five written or printed notices in public
places within said townsite, giving the time and particular
place of sale, which notices must be posted for at least thirty
days prior to the date of said sale, and by publishing a like
notice for four consecutive weeks prior to such sale in a
newspaper published in such city or town, or, if no such
newspaper be published in such city or town, then in some
newspaper having general circulation in such city or town,
and deeds shall be given therefor to the several purchasers:
PROVIDED, That no such unoccupied lot shall be sold for
less than five dollars in addition to an assessment equivalent
to assessment provided in RCW 58.28.090, and all moneys
arising from such sale, after deducting the costs and expenses of such sale or sales, shall be placed in the treasury
[Title 58 RCW—page 30]
of such city or town. [1909 c 231 § 16; RRS § 11500.
Prior: 1888 c 124 pp 216-220.]
58.28.170 Lands for school and municipal purposes—Funds. All school lots or parcels of land, reserved or
occupied for school purposes, must be conveyed to the
school district in which such city or town is situated, without
cost or charge of any kind whatever. All lots or parcels of
land reserved or occupied for municipal purposes must be
conveyed to such city or town without cost or charge of any
kind whatever. All expenses necessarily incurred or contracted by the carrying into effect of the provisions of this
chapter are a charge against the city or town on behalf of
which the work was done, and such expenses necessarily incurred, either before or after the incorporation thereof, shall
be paid out of the treasury of such city or town upon the
order of the council thereof; and all moneys paid for lands
or to defray the expenses of carrying into effect the provisions of this chapter shall be paid into the city or town
treasury by the officer or officers receiving the same, and
shall constitute a special fund, from which shall be paid all
expenses, and the surplus, if any there be, shall be expended
under the direction of the city or town council for public
improvements in such city or town. [1909 c 231 § 17; RRS
§ 11501. Prior: 1888 c 124 pp 216-220.]
58.28.180 Effect of informalities—Certificate or
deed as prima facie evidence. No mere informality, failure
or omission on the part of any of the persons or officers
named in this chapter invalidates the acts of such person or
officer; but every certificate or deed granted to any person
pursuant to the provisions of this chapter is prima facie
evidence that all preliminary proceedings in relation thereto
have been correctly taken and performed, and that the
recitals therein are true and correct. [1909 c 231 § 18; RRS
§ 11502. Prior: 1888 c 124 pp 216-220.]
58.28.190 Corporate authorities to act promptly.
Such corporate authorities shall promptly execute and
perform all duties imposed upon them by the provisions of
this chapter. [1909 c 231 § 19; RRS § 11503. Prior: 1888
c 124 pp 216-220.]
58.28.200 Proof requisite to delivery of deed. No
deed to any lot or parcel of land in such townsite entry shall
be made or delivered to any alleged occupant thereof before
proof shall have been made under oath showing such claimant to have been an occupant of such lot or parcel of land
within the meaning of said laws of congress at the time of
the entry of such townsite at the proper United States land
office, but the grantees, heirs, successors in interest or
assigns of such occupant of any lot, as such, may receive
such deed. [1909 c 231 § 20; RRS § 11504. Prior: 1888
c 124 pp 216-220.]
58.28.201 Title to vacated lots by occupancy and
improvements. See RCW 58.28.510.
58.28.202 Controversies, by whom settled—Review.
See RCW 58.28.520.
(2002 Ed.)
Townsites on United States Land—Acquisition of Land
58.28.203 Platted lands declared dedicated to public
use. See RCW 58.28.440.
58.28.204
58.28.490.
verified by his oath, and cause such enumeration to be
presented to such judge. [1909 c 231 § 22; RRS § 11506.
Prior: 1888 c 124 pp 216-220.]
Appeals—Procedure. See RCW
UNINCORPORATED TOWNS ON
UNITED STATES LAND
58.28.210 Unincorporated towns on United States
land—Superior court judge to file claim. It is the duty of
the judge of the superior court of any county in this state to
enter at the proper land office of the United States such
quantity of land as the inhabitants of any unincorporated
town, situate upon lands the legal and equitable title to
which is in the United States of America, or situate upon
public lands of the United States within the county wherein
such superior court is held, may be entitled to claim in the
aggregate, according to their population, in the manner
required by the laws of the United States, and valid regulations prescribed by the secretary of the interior of the
United States, and to make and sign all necessary declaratory
statements, certificates and affidavits, or other instruments
requisite to carry into effect the intentions of this chapter,
and the intention of the act of congress of the United States
entitled "An act for the relief of the inhabitants of cities and
towns upon the public lands," approved March 2, 1867, and
all acts of congress amendatory thereof and supplemental
thereto, and to file in the proper United States land office a
proper application in writing, describing the tracts of land on
which such unincorporated town is situated, and all lands
entitled to be embraced in such government townsite entry,
and make proof and payment for such tracts of land in the
manner required by law. [1909 c 231 § 21; RRS § 11505.
Prior: 1888 c 124 pp 216-220.]
58.28.220 Petition to superior court judge—
Contents—Procedure. The judge of the superior court of
any county in this state, whenever he is so requested by a
petition signed by not less than five residents, householders
in any such unincorporated town, whose names appear upon
the assessment roll for the year preceding such application
in the county wherein such unincorporated town is situated—
which petition shall set forth the existence, name and locality
of such town, whether such town is situated on surveyed or
unsurveyed lands, and if on surveyed lands an accurate
description according to the government survey of the legal
subdivisions sought to be entered as a government townsite
must be stated; the estimated number of its inhabitants; the
approximate number of separate lots or parcels of land
within such townsite, and the amount of land to which they
are entitled under such acts of congress—must estimate the
cost of entering such land, and of the survey, platting and
recording of the same, and must endorse such estimate upon
such petition, and upon receiving from any of the parties
interested the amount of money mentioned in such estimate,
the said judge may cause an enumeration of the inhabitants
of such town to be made by some competent person,
exhibiting therein the names of all persons residing in said
proposed townsite and the names of occupants of lots, lands,
or premises within such townsite, alphabetically arranged,
(2002 Ed.)
58.28.203
58.28.230 Survey and plat—Boundaries—
Monuments. Such judge must thereupon cause a survey to
be made by some competent person, of the lands which the
inhabitants of said town may be entitled to claim under said
acts of congress, located according to the legal subdivisions
of the sections according to the government survey thereof,
and the same must be distinctly marked by suitable monuments; such survey must further particularly designate all
streets, roads, lanes, and alleys, public squares, churches,
school lots, cemeteries, commons, and levees, as the same
exist and have been heretofore dedicated, in any manner to
public use, and by measurement the precise boundaries and
area of each and every lot or parcel of land and premises
claimed by any person, corporation, or association within
said townsite must, as far as known by the surveyor, be
designated on the plat, showing the name or names of the
possessor, occupant or claimant; and in case of any disputed
claim as to lots, lands, premises or boundaries, the said
surveyor, if the same be demanded by any person, shall
designate the lines in different color from the body of the
plat of such part of any premises so disputed or claimed
adversely; said surveyor shall survey, lay out and plat all of
said lands, whether occupied or not, into lots, blocks, streets
and alleys. [1909 c 231 § 23; RRS § 11507. Prior: 1888
c 124 pp 216-220.]
58.28.240 Plats—Filing. The plat thereof must be
made in triplicate on a scale of not less than eighty feet to
an inch, which must be duly certified under oath by the
surveyor, one of which must be filed with the county auditor
of the county wherein such unincorporated town is situated,
one must be deposited in the proper United States land
office, and one with such judge. These plats shall constitute
public records, and must each be accompanied by a copy of
the field notes, and the county auditor must make a record
of such plat in a book to be kept by him for that purpose,
and such county auditor must file such copy of said field
notes in his office. The said surveyor must number and survey the blocks as divided by the roads, and streets opened
and generally used and for which a public necessity exists,
at the time of making such survey, and must number the
several lots consecutively in each block, and all other parcels
of land within said unincorporated town as herein provided,
which said numbers must be a sufficient description of any
parcel of land represented on said plats. Said survey and
plat thereof shall conform as nearly as may be to the existing
rights, interest, and claims of the occupants thereof, but no
lot in the center or business portion of said unincorporated
town shall exceed in area four thousand two hundred feet,
and no suburban lot in such unincorporated town shall
exceed two acres in area. [1909 c 231 § 24; RRS § 11508.
Prior: 1888 c 124 pp 216-220.]
58.28.250 Survey, notice of—Bids for—Franchises
continued. Before proceeding to make such survey, at least
ten days’ notice thereof must be given, by posting within the
limits of such townsite, not less than five written or printed
[Title 58 RCW—page 31]
58.28.250
Title 58 RCW: Boundaries and Plats
notices of the time when such survey shall commence, or by
publication thereof in a newspaper published in said town, if
one there be. The survey of said townsite must be made to
the best advantage and at the least expense to the holders,
claimants, possessors and occupants thereof. The said judge
is hereby authorized and directed to receive bids for such
surveying, platting and furnishing copies of the field notes,
and to let the same by contract to the lowest competent
bidder: PROVIDED, That the possessors, owners, or
claimants of water works, electric light, telegraph, telephone,
pipe or power lines, sewers, irrigating ditches, drainage
ditches, and like or similar property located in such townsites
or in the roads, streets, alleys or highways therein or in other
public places in such townsite, shall be maintained and protected in the same as the same shall exist at the time of the
entry in the United States land office of the land embraced
in such government townsite, and the right to continue to use
such property, for the purposes for which said property was
intended, is hereby acknowledged and confirmed. [1909 c
231 § 25; RRS § 11509. Prior: 1888 c 124 pp 216-220.]
58.28.260 Contents of plat. Such plat must show as
follows:
(1) All streets, alleys, avenues, roads and highways, and
the width thereof.
(2) All parks, squares and all other ground reserved for
public uses, with the boundaries and dimensions thereof.
(3) All lots and blocks, with their boundaries, designating such lots and blocks by numbers, and giving the dimensions of every lot.
(4) The angles of intersection of all boundary lines of
the lots and block, whenever the angle of intersection is not
a right angle.
(5) The location of all stone or iron monuments set to
establish street lines.
(6) The exterior boundaries of the piece of land so
platted, giving such boundaries by true courses and distances.
(7) The location of all section corners, or legal subdivision corners of sections within the limits of said plat.
(8) In case no such section or subdivision corners are
within the limits of the plat, it must show a connection line
to some corner or initial point of the government surveys, or
a government mineral monument, if there be any within one
mile of such townsite. All distances marked on the plat
must be in feet and decimals of a foot. [1909 c 231 § 26;
RRS § 11510. Prior: 1888 c 124 pp 216-220.]
58.28.270 Monuments—Location, placement
requisites. Such surveyor must mark all corners of blocks
or lots shown on the plat by substantial stakes or monuments, and must set stone or iron monuments at the points
of intersection of the center lines of all the streets, where
practicable, or as near as possible to such points, and their
location must be shown by marking on the plat the distances
to the block corners adjacent thereto. The top of such
monument must be placed one foot below the surface of the
ground, and in size must be at least six inches by six inches
by six inches, and be placed in the ground to the depth of
one foot. [1909 c 231 § 27; RRS § 11511. Prior: 1888 c
124 pp 216-220.]
[Title 58 RCW—page 32]
58.28.280 Monuments—Markings—Surveyor’s
certificate on plat. If a stone is used as a monument it
must have a cross cut in the top at the point of intersection
of center lines of streets, or a hole may be drilled in the
stone to mark such point. If an iron monument is used it
must be at least two inches in diameter by two and one-half
feet in length, and may be either solid iron or pipe. The
dimensions of the monuments must be marked on the plat,
and reference thereto made in the field notes, and establish
permanently the lines of all the streets. The surveyor must
make and subscribe on the plat a certificate that such survey
was made in accordance with the provisions of this chapter,
stating the date of survey, and verify the same by his oath.
[1909 c 231 § 28; RRS § 11512. Prior: 1888 c 124 pp 216220.]
58.28.290 Plats filed—Auditor’s fee. All such plats
must be made on mounted drawing paper, and filed and
recorded in the office of the county auditor, and he must
keep the original plat for public inspection. The fee of such
county auditor for filing and recording each of such plats,
and the field notes accompanying the same shall be the sum
of ten dollars. [1909 c 231 § 29; RRS § 11513. Prior:
1888 c 124 pp 216-220.]
58.28.300 Assessments—Disposition—Employment
of attorney authorized. Each lot or parcel of said lands
having thereon valuable improvements or buildings ordinarily used as dwellings or for business purposes, not exceeding
one-tenth of one acre in area, shall be rated and assessed by
the said judge at the sum of one dollar; each lot or parcel of
such lands exceeding one-tenth, and not exceeding oneeighth of one acre in area, shall be rated and assessed at the
sum of one dollar and five [fifty] cents; each lot or parcel of
such lands exceeding in area one-eighth of one acre and not
exceeding one-quarter of an acre in area, shall be rated and
assessed at the sum of two dollars; and each lot or parcel of
such lands exceeding one-quarter of an acre and not exceeding one-half of one acre in area, shall be rated and assessed
at the sum of two dollars and fifty cents; and each lot or
parcel of land so improved, exceeding one-half acre in area,
shall be assessed at the rate of two dollars and fifty cents for
each half an acre or fractional part over half an acre; and
every lot or parcel of land enclosed, which may not otherwise be improved, claimed by any person, corporation, or
association, shall be rated and assessed at the rate of two
dollars per acre or fractional part over an acre; and where
upon one parcel of land there shall be two or more separate
buildings occupied or used ordinarily as dwellings or for
business purposes, each such building, for the purposes of
this section, shall be considered as standing on a separate lot
of land; but the whole of such premises may be conveyed in
one deed; which moneys so assessed must constitute a fund
from which must be reimbursed or paid the moneys necessary to pay the government of the United States for said
townsite lands, and interest thereon, if such moneys have
been loaned or advanced for the purpose and expenses of
their location, entry and purchase, and cost and expenses
attendant upon the making of such survey, plats, publishing
and recording, including a reasonable attorney’s fee for legal
services necessarily performed, and the persons or occupants
(2002 Ed.)
Townsites on United States Land—Acquisition of Land
in such townsite procuring said townsite entry to be made,
may employ an attorney to assist them in so doing and to
assist such judge in the execution of his trust, and he shall
be allowed by such judge out of said fund a reasonable
compensation for his services. [1909 c 231 § 30; RRS §
11514. Prior: 1888 c 124 pp 216-200.]
58.28.310 Notice of possession filed—Assessment
and fee—Certificate—Judge’s record. Every person,
company, corporation, or association, claimant of any town
lot or parcel of land, within the limits of such townsite, must
present to such judge within three months after the patent (or
a certified copy thereof), from the United States has been
filed in the office of the county auditor, his, her, its or their
affidavit, (or by guardian or next friend where the claimant
is under disability), verified in person, or by duly authorized
agent or attorney, guardian or next friend, in which must be
concisely stated the facts constituting the possession or right
of possession of the claimant and that the claimant is entitled
to the possession thereof and to a deed therefor as against all
other persons or claimants, to the best of his knowledge and
belief, and in which must be stated who was an occupant of
such lot or parcel of land at the time of the entry of such
townsite at the United States land office, to which must be
attached a copy of so much of the plat of said townsite as
will fully exhibit the particular lots or parcels of land so
claimed; and every such claimant, at the time of presenting
and filing such affidavit with said judge, must pay to such
judge such sum of money as said judge shall certify to be
due for the assessment mentioned in RCW 58.28.300,
together with the further sum of four dollars, to be appropriated to the payment of cost and expenses incurred in
carrying out the provisions of this chapter, and the said judge
must thereupon give to such claimant a certificate, signed by
him and attested by the seal of the superior court, containing
a description of the lot or parcel of land claimed, and setting
forth the amounts paid thereon by such claimant. Such
judge must procure a bound book for each unincorporated
government townsite in his county wherein he must make
proper entries of the substantial matters contained in such
certificate issued by him, numbering the same in consecutive
order, setting forth the name of the claimant or claimants in
full, date of issue, and description of the lot or lands
claimed. [1909 c 231 § 31; RRS § 11515. Prior: 1888 c
124 pp 216-220.]
58.28.320 Deficiency assessment—When payable.
If it is found that the amounts hereinbefore specified as
assessments and fees for costs and expenses, prove to be
insufficient to cover and defray all the necessary expenses,
the said judge must estimate the deficiency and assess such
deficiency pro rata upon all the lots and parcels of land in
such government townsite, and declare the same upon the
basis set down in RCW 58.28.300; which additional amount,
if any, may be paid by the claimant at the time when the
certificate hereinbefore mentioned, or at the time when the
deed of conveyance hereinafter provided for, is issued.
[1909 c 231 § 32; RRS § 11516. Prior: 1888 c 124 pp 216220.]
(2002 Ed.)
58.28.300
58.28.330 Deed to claimants—Actions contesting
title, limitations on. At the expiration of six months after
the time of filing such patent, or certified copy thereof, in
the office of the county auditor, if there has been no adverse
claim filed in the meantime, said judge must execute and
deliver to such claimant or to his, her, its or their heirs,
executor, administrator, grantee, successor or assigns a good
and sufficient deed of the premises described in the application of the claimant originally filed, if proper proof shall
have been made, which said deed must be signed and
acknowledged by such judge as trustee, and attested by the
seal of the superior court. No conveyance of any such lands
made as in this chapter provided, concludes the rights of
third persons; but such third persons may have their action
in the premises, to determine their alleged interest in such
lands, and their right to the legal title thereto, against such
grantee, his, her, its or their heirs, executors, administrators,
successors or assigns, to which they may deem themselves
entitled, either in law or in equity; but no action for the
recovery or possession of such premises, or any portion
thereof, or to establish the right to the legal title thereto,
must be maintained in any court against the grantee named
therein, or against his, her, its or their heirs, executors,
administrators, successors or assigns, unless such action shall
be commenced within six months after such deed shall have
been filed for record in the office of the county auditor of
the county where such lands are situated; nothing herein
shall be construed to extend the time of limitation prescribed
by law for the commencement of actions upon a possessory
claim or title to real estate, when such action is barred by
law at the time of the taking effect of this chapter. [1909 c
231 § 33; RRS § 11517. Prior: 1888 c 124 pp 216-220.]
58.28.340 Entries on mineral lands—Rights of
claimants. Townsite entries may be made by such judge on
mineral lands of the United States, but no title shall be
acquired by such judge to any vein of gold, silver, cinnabar,
copper or lead, or to any valid mining claim or possession
held under existing laws. When mineral veins are possessed
within the limits of an unincorporated town, and such
possession is recognized by local authority, or by the laws
of the United States, the title to town lots shall be subject to
such recognized possession and the necessary use thereof,
and when entry has been made or patent issued for such
townsite to such judge, the possessor of such mineral vein
may enter and receive patent for such mineral vein, and the
surface ground appertaining thereto: PROVIDED, That no
entry shall be made by such mineral vein claimant for
surface ground where the owner or occupier of the surface
ground shall have had possession of the same before the
inception of the title of the mineral vein applicant. [1909 c
231 § 34; RRS § 11518. Prior: 1888 c 124 pp 216-220.]
58.28.350 Conflicting claims—Procedure. In all
cases of adverse claims or disputes arising out of conflicting
claims to land or concerning boundary lines, the adverse
claimants may submit the decision thereof to said judge by
an agreement in writing specifying particularly the subject
matter in dispute and may agree that his decision shall be
final. The said judge must hear the proofs, and shall execute
a deed or deny the execution of a deed in accordance with
[Title 58 RCW—page 33]
58.28.350
Title 58 RCW: Boundaries and Plats
the facts; but in all other cases of adverse claims the party
out of possession shall commence his action in a court of
competent jurisdiction within six months after the filing of
the patent (or a certified copy thereof) from the United
States, in the office of the county auditor. In case such action be commenced within the time herein limited, the
plaintiff must serve notice of lis pendens upon such judge,
who must thereupon stay all proceedings in the matter of
granting or executing any deed to the land in dispute until
the final decision in such suit; upon presentation of a
certified copy of the final judgment in such action, such
judge must execute and deliver a deed of the premises, in
accordance with the judgment, adjudging the claimant to
have been an occupant of any particular lot or lots at the
time of the entry of such townsite in the United States land
office, or to be the successor in interest of such occupant.
[1909 c 231 § 35; RRS § 11519. Prior: 1888 c 124 pp 216220.]
58.28.360 Proof of right—Costs upon failure of
both conflicting parties. If in any action brought under this
chapter, or under said acts of congress, the right to the
ground in controversy shall not be established by either
party, the court or jury shall so find and judgment shall be
entered accordingly. In such case costs shall not be allowed
to either party, and neither party shall be entitled to a deed
to the ground in controversy, and in such action it shall be
incumbent upon each claimant or claimants to establish that
he, she, it or they, was or were, an occupant of the ground
in controversy within the meaning of said acts of congress
at the time of the entry of said townsite in the United States
land office, or is or are the successor, or successors in
interest of such occupant. [1909 c 231 § 36; RRS § 11520.
Prior: 1888 c 124 pp 216-220.]
Conflicting claims—Procedure: RCW 58.28.140.
58.28.370 Notice of filing patent. Said judge must
promptly give public notice by advertising for four weeks in
any newspaper published in such town, or if there be no
newspaper published in such town, then by publication in
some newspaper having general circulation in such town, and
not less than five written or printed notices must be posted
in public places within the limits of such townsite; such
notice must state that the patent for said townsite (or a
certified copy thereof) has been filed in the county auditor’s
office. [1909 c 231 § 37; RRS § 11521. Prior: 1888 c 124
pp 216-220.]
58.28.380 Abandonment of claim. If any person,
company, association, or any other claimant of lands in such
townsite fails, neglects or refuses to make application to said
judge for a deed of conveyance to said land so claimed, and
pay the sums of money specified in this chapter, within three
months after the filing of such patent, or a certified copy
thereof, in the office of the county auditor, shall be deemed
to have abandoned the claim to such land and to have
forfeited all right, title, claim and interest therein or thereto
both in law and in equity as against the trustee of said
townsite, and such abandoned or forfeited lot or lots may be
sold by such trustee as unoccupied lands, and the proceeds
thereof placed in the fund heretofore mentioned in this
[Title 58 RCW—page 34]
chapter. [1909 c 231 § 38; RRS § 11522. Prior: 1888 c
124 pp 216-220.]
58.28.390 Sale of unoccupied lots—Notice—
Minimum price. All lots in such townsite which were
unoccupied within the meaning of the said acts of congress
at the time of the entry of said townsite in the United States
land office shall be sold by such judge or under his direction, at public auction to the highest bidder for cash, each lot
to be sold separately, and notice of such sale, or sales, shall
be given by posting five written or printed notices in public
places within said townsite, giving the time and particular
place of sale, which notices must be posted at least thirty
days prior to the date of any such sale, and by publishing a
like notice for four consecutive weeks prior to any such sale
in a newspaper published in such town, or if no newspaper
be published in such town, then in some newspaper having
general circulation in such town. And deed shall be given
therefor to the several purchasers: PROVIDED, That no
such unoccupied lot shall be sold for less than five dollars in
addition to an assessment equivalent to assessment provided
for in RCW 58.28.300, and all moneys arising from such
sale or sales after deducting the cost and expenses of such
sale or sales shall be placed in the fund hereinbefore
mentioned. [1909 c 231 § 39; RRS § 11523. Prior: 1888
c 124 pp 216-220.]
58.28.400 Lands for school and public purposes—
Expenses as charge against fund. All school lots or
parcels of land reserved or occupied for school purposes,
must be conveyed to the school district in which such town
is situated without cost or charge of any kind whatever. All
lots or parcels of land reserved or occupied for public
purposes must be set apart and dedicated to such public
purposes without cost or charge of any kind whatever. All
expenses necessarily incurred or contracted by the carrying
into effect of the provisions of this chapter or said acts of
congress are a charge against the fund herein provided for.
[1909 c 231 § 40; RRS § 11524. Prior: 1888 c 124 pp 216220.]
58.28.410 Disposition of excess money—Special
fund. Any sum of money remaining in said fund after
defraying all necessary expenses of location, entry, surveying, platting, advertising, filing and recording, reimbursement
of moneys loaned or advanced and paying the cost and
expenses herein authorized and provided for must be
deposited in the county treasury by such judge to the credit
of a special fund of each particular town, and kept separate
by the county treasurer to be paid out by him only upon the
written order of such judge in payment for making public
improvements, or for public purposes, in such town. [1909
c 231 § 41; RRS § 11525. Prior: 1888 c 124 pp 216-220.]
58.28.420 Effect of informalities—Certificate or
deed as prima facie evidence. No mere informality, failure,
or omission on the part of any persons or officers named in
this chapter invalidates the acts of such person or officers;
but every certificate or deed granted to any person pursuant
to the provisions of this chapter is prima facie evidence that
all preliminary proceedings in relation thereto have been
(2002 Ed.)
Townsites on United States Land—Acquisition of Land
taken and performed and that the recitals therein are true and
correct. [1909 c 231 § 42; RRS § 11526. Prior: 1888 c
124 pp 216-220.]
58.28.430 Proof requisite to delivery of deed. No
deed to any lot in such unincorporated town or unincorporated government townsite entry shall be made or delivered to
any alleged occupant thereof before proof shall have been
made under oath, showing such claimant to have been an
occupant of such lot or parcel of land within the meaning of
said laws of congress at the time of the entry of such
townsite at the proper United States land office, but the
grantees, heirs, executors, administrators, successors in
interest or assigns of such occupant of any lot, as such, may
receive such deed. [1909 c 231 § 43; RRS § 11527. Prior:
1888 c 124 pp 216-220.]
58.28.440 Platted lands declared dedicated to public
use. All streets, roads, lanes and alleys, public squares,
cemeteries, parks, levees, school lots, and commons, surveyed, marked and platted, on the map of any townsite, as
prescribed and directed by the provisions of this chapter, are
hereby declared to be dedicated to public use, by the filing
of such town plat in the office of the county auditor, and are
inalienable, unless by special order of the board of commissioners of the county, so long as such town shall remain
unincorporated; and if such town at any time thereafter
becomes incorporated, the same becomes the property of
such town or city, and must be under the care and subject to
the control of the council or other municipal authority of
such town or city. [1909 c 231 § 44; RRS § 11528. Prior:
1888 c 124 pp 216-220.]
58.28.450 Clerk’s duties when judge trustee. All
clerical work under this chapter where a judge of the
superior court is trustee must be performed by the clerk of
the superior court. [1909 c 231 § 45; RRS § 11529. Prior:
1888 c 124 pp 216-220.]
58.28.460 Accounting and depositing money—
Promptness. Such judge when fulfilling the duties imposed
upon him by said acts of congress, and by this chapter, must
keep a correct account of all moneys received and paid out
by him. He must deposit all surplus money with the
treasurer of the proper county, and he must promptly settle
up all the affairs relating to his trust pertaining to such town.
[1909 c 231 § 46; RRS § 11530. Prior: 1888 c 124 pp 216220.]
58.28.470 Records filed with county clerk. Whenever the affairs pertaining to such trust shall be finally settled
and disposed of by such judge, he shall deposit all books and
papers relating thereto in the office of the county clerk of the
proper county to be thereafter kept in the custody of such
county clerk as public records, and the county clerk’s fee,
for the use of his county therefor, shall be the sum of ten
dollars. [1909 c 231 § 47; RRS § 11531. Prior: 1888 c
124 pp 216-220.]
(2002 Ed.)
58.28.420
58.28.480 Judge, a trustee for purposes herein.
Every such judge when fulfilling the duties imposed upon
him by said acts of congress, and by this chapter, shall be
deemed and held to be acting as a trustee for the purposes of
fulfilling the purposes of said acts and not as a superior
court, and such judge shall be deemed to be disqualified to
sit as judge of such superior court in any action or proceeding wherein is involved the execution of such trust or rights
involved therein. [1909 c 231 § 48; RRS § 11532. Prior:
1888 c 124 pp 216-220.]
58.28.490 Appellate review—Procedure. Appellate
review of the judgment or orders of the superior court in all
cases arising under this chapter or said acts of congress may
be sought as in other civil cases. [1988 c 202 § 54; 1971 c
81 § 127; 1909 c 231 § 49; RRS § 11533. Prior: 1888 c
124 pp 216-220.]
Severability—1988 c 202: See note following RCW 2.24.050.
58.28.500 Succession of trust. The successors in
office of such superior court judge shall be his successors as
trustee of such trust. [1909 c 231 § 51; RRS § 11534.
Prior: 1888 c 124 pp 216-220.]
58.28.510 Title to vacated lots by occupancy and
improvements. The judge of the superior court of any
county is hereby declared to be the successor as trustee of
any territorial probate judge in such county who was trustee
under any such acts of congress, and may as such succeeding trustee perform any unperformed duties of his predecessor in office as such trustee, agreeably to the provisions of
this chapter as nearly as may be. And when entry was made
by any such probate judge under any of said acts of congress
and subsequent to such entry, the city or town situated upon
such townsite entry has been incorporated according to law,
and the corporate authorities thereof have or have attempted
to vacate any common, plaza, public square, public park or
the like, in such government townsite, and where thereafter,
any person, or corporation, has placed permanent improvements on such land so vacated or attempted to be vacated,
exceeding in value the sum of five thousand dollars, with the
knowledge, consent, or acquiescence of the corporate
authorities of such city or town and with the general consent
and approval of the inhabitants of said city or town and such
improvements have been made for more than five years and
such person or corporation making such improvements has
been in the open, notorious and peaceable possession of such
lands and premises for a period of more than five years,
such superior court judge, as trustee, of such government
townsite, and successor as trustee to such judge of probate,
trustee of such government townsite, shall have the power
and authority to make and deliver to such person or corporation, or to his or its heirs, executors, administrators, successors or assigns, a deed for such lands and premises, conveying a fee simple title to such lands and premises upon such
terms and for such price as he shall deem just and reasonable under all the facts and surrounding circumstances of the
case, and the consideration paid for such deed, one dollar or
more, shall be placed in the city or town treasury of such
city or town, in the general fund. [1909 c 231 § 52; RRS §
11535. Prior: 1888 c 124 pp 216-220.]
[Title 58 RCW—page 35]
58.28.520
Title 58 RCW: Boundaries and Plats
58.28.520 Controversies, by whom settled—Review.
Except as hereinbefore specially provided, the city or town
council in incorporated cities and towns, and the judge of the
superior court, as trustee, in cases of unincorporated government townsites, are hereby expressly given power and
jurisdiction to hear and determine all questions arising under
this chapter and under said acts of congress and the right to
ascertain who were the occupants of lots in such government
townsites at the time of the entry thereof in the United States
land office, and to determine from sworn testimony who are
and who are not entitled to deeds of conveyance to specific
lots in such government townsite, subject to review by courts
of competent jurisdiction. [1909 c 231 § 53; RRS § 11536.
Prior: 1888 c 124 pp 216-220.]
[Title 58 RCW—page 36]
(2002 Ed.)
Title 59
LANDLORD AND TENANT
Chapters
59.04
Tenancies.
59.08
Default in rent of forty dollars or less.
59.12
Forcible entry and forcible and unlawful
detainer.
59.16
Unlawful entry and detainer.
59.18
Residential Landlord-Tenant Act.
59.20
Manufactured/Mobile Home Landlord-Tenant Act.
59.21
Mobile home relocation assistance.
59.22
Office of mobile home affairs—Residentowned mobile home parks.
59.23
Mobile home parks—Resident ownership in
event of sale.
59.24
Rental security deposit guarantee program.
59.28
Federally assisted housing.
Acknowledgments: Chapter 64.08 RCW.
Action to recover real property, jury trial: RCW 4.40.060.
Adverse possession: Chapter 7.28 RCW.
Boundaries and plats: Title 58 RCW.
County property, sales, leases, etc.: Chapter 36.34 RCW.
Ejectment and quieting title: Chapter 7.28 RCW.
Executions, sale of short term leasehold absolute: RCW 6.21.080.
Gambling on leased premises, action to recover: RCW 4.24.080 and
4.24.090.
Housing authorities law: Chapter 35.82 RCW.
Landlord’s lien
for rent: Chapter 60.72 RCW.
on farm crops: Chapter 60.11 RCW.
Mining leases: Chapter 79.01 RCW.
Mortgages and trust receipts: Title 61 RCW.
Nuisances: Chapter 7.48 RCW.
Oil and gas leases: Chapter 79.14 RCW.
Private seals abolished: RCW 64.04.090.
Probate
generally: Title 11 RCW.
performance of decedent’s contracts: Chapter 11.60 RCW.
Property insurance, insurable interest: RCW 48.18.040.
Public lands: Title 79 RCW.
Real property and conveyances: Title 64 RCW.
Recording: Chapter 65.08 RCW.
Registration of land titles: Chapter 65.12 RCW.
Statute of frauds: Chapter 19.36 RCW.
Taxation, property: Title 84 RCW.
Title insurers: Chapter 48.29 RCW.
Waste and trespass: Chapter 64.12 RCW.
(2002 Ed.)
Chapter 59.04
TENANCIES
Sections
59.04.010
59.04.020
59.04.030
59.04.040
59.04.050
59.04.900
Tenancies from year to year abolished except under written
contract.
Tenancy from month to month—Termination.
Tenancy for specified time—Termination.
Ten day notice to pay rent or quit premises.
Tenancy by sufferance—Termination.
Chapter inapplicable to rental agreements under landlordtenant act.
59.04.010 Tenancies from year to year abolished
except under written contract. Tenancies from year to
year are hereby abolished except when the same are created
by express written contract. Leases may be in writing or
print, or partly in writing and partly in print, and shall be
legal and valid for any term or period not exceeding one
year, without acknowledgment, witnesses or seals. [Code
1881 § 2053; 1867 p 101 § 1; RRS § 10619.]
59.04.020 Tenancy from month to month—
Termination. When premises are rented for an indefinite
time, with monthly or other periodic rent reserved, such
tenancy shall be construed to be a tenancy from month to
month, or from period to period on which rent is payable,
and shall be terminated by written notice of thirty days or
more, preceding the end of any of said months or periods,
given by either party to the other. [Code 1881 § 2054; 1867
p 101 § 2; RRS § 10619. Prior: 1866 p 78 § 1.]
Unlawful detainer, notice requirement: RCW 59.12.030(2).
59.04.030 Tenancy for specified time—Termination.
In all cases where premises are rented for a specified time,
by express or implied contract, the tenancy shall be deemed
terminated at the end of such specified time. [Code 1881 §
2055; 1867 p 101 § 3; RRS § 10620.]
59.04.040 Ten day notice to pay rent or quit
premises. When a tenant fails to pay rent when the same is
due, and the landlord notifies him to pay said rent or quit the
premises within ten days, unless the rent is paid within said
ten days, the tenancy shall be forfeited at the end of said ten
days. [Code 1881 § 2056; 1867 p 101 § 4; no RRS.]
59.04.050 Tenancy by sufferance—Termination.
Whenever any person obtains possession of premises without
the consent of the owner or other person having the right to
give said possession, he shall be deemed a tenant by sufferance merely, and shall be liable to pay reasonable rent for
the actual time he occupied the premises, and shall forthwith
on demand surrender his said possession to the owner or
person who had the right of possession before said entry,
[Title 59 RCW—page 1]
59.04.050
Title 59 RCW: Landlord and Tenant
and all his right to possession of said premises shall terminate immediately upon said demand. [Code 1881 § 2057;
1867 p 101 § 5; RRS § 10621.]
59.04.900 Chapter inapplicable to rental agreements
under landlord-tenant act. This chapter does not apply to
any rental agreement included under the provisions of
chapter 59.18 RCW. [1973 1st ex.s. c 207 § 45.]
Chapter 59.08
DEFAULT IN RENT
OF FORTY DOLLARS OR LESS
Sections
59.08.010
59.08.020
59.08.030
59.08.040
59.08.050
59.08.060
59.08.070
59.08.080
59.08.090
59.08.100
59.08.900
Summons and complaint as notice—Acceptance of rent after
default.
Venue.
Complaint.
Order for hearing—Notice.
Continuance.
Hearing—Writ of restitution.
Recall of writ—Bond.
Complaint as notice to quit.
Sheriff’s fee.
Indemnity bond not required—Liability for damages.
Chapter inapplicable to rental agreements under landlordtenant act.
59.08.010 Summons and complaint as notice—
Acceptance of rent after default. In cases of default in the
payment of rent for real property where the stipulated rent or
rental value does not exceed forty dollars per month, no
notice to quit or pay rent, other than filing and serving a
summons and complaint, as hereinafter provided, shall be
required to render the holding of such tenant thereafter
unlawful. If the landlord shall, after such default in the
payment of rent, accept payment thereof, such acceptance of
payment shall operate to reinstate the right of the tenant to
possession for the full period fixed by the terms of any
agreement relating to the right of possession. [1941 c 188
§ 1; Rem. Supp. 1941 § 814-1.]
59.08.020 Venue. The superior court of the county in
which the real property or some part thereof is situated shall
have jurisdiction of proceedings for the recovery of possession of said real property alleged to be wrongfully detained.
[1941 c 188 § 2; Rem. Supp. 1941 § 814-2.]
59.08.030 Complaint. Such proceedings shall be
commenced by the filing of a complaint executed under oath
by the owner or landlord or his authorized agent. It shall be
sufficient to state in such complaint a description of the
property with reasonable certainty, that the defendant is in
possession thereof and wrongfully holds the same by reason
of failure to pay the agreed rental due, or the monthly rental
value of the premises. [1941 c 188 § 3; Rem. Supp. 1941
§ 814-3.]
59.08.040 Order for hearing—Notice. Upon the
filing of such complaint it may be presented to the judge,
and by order he shall forthwith fix a place and time for the
trial of said cause, not more than ten days after the date of
[Title 59 RCW—page 2]
making the order. A copy of the complaint, together with a
copy of the summons specifying the time and place for trial,
shall be served on the defendant not less than five days prior
to the time fixed for hearing in the manner provided for the
service of notice to quit in RCW 59.12.040. [1941 c 188 §
4; Rem. Supp. 1941 § 814-4.]
59.08.050 Continuance. No continuance shall be
granted for a longer period than two days unless the defendant applying therefor shall give good and sufficient security,
to be approved by the court, conditioned upon the payment
of rent accrued and to accrue, if judgment be rendered
against the defendant. [1941 c 188 § 5; Rem. Supp. 1941 §
814-5.]
59.08.060 Hearing—Writ of restitution. At the time
and place fixed for the hearing, the court shall proceed to
examine the parties orally to ascertain the merits of the
complaint, and if it shall appear that there is no reasonable
doubt of the right of the plaintiff to be restored to the
possession of said property, the court shall enter an order
directing the issuance of a writ of restitution, which shall
thereupon be served by the sheriff upon the defendant. After
the expiration of three days from date of service, if the
defendant has not surrendered possession or filed a bond as
hereinafter provided, the writ shall be executed by the
sheriff. If it appears to the court that there is reasonable
doubt of the right of the plaintiff to be restored to the
possession of said property, the court shall enter an order
requiring the parties to proceed on the complaint filed in the
usual form of action. [1941 c 188 § 6; Rem. Supp. 1941 §
814-6.]
59.08.070 Recall of writ—Bond. If the defendant
feels aggrieved at an order of restitution, he may within
three days after the entry of the order file a bond to be
approved by the court in double the amount of the rent
found to be due, plus two hundred dollars, conditioned for
the payment and performance of any judgment rendered
against him, and the court shall thereupon enter an order for
the parties to proceed in the usual form of action, and recall
the writ of restitution. [1941 c 188 § 7; Rem. Supp. 1941 §
814-7.]
59.08.080 Complaint as notice to quit. The filing
and service of a complaint under this chapter shall be
equivalent to the notice required to pay rent or surrender
possession under RCW 59.12.030. [1941 c 188 § 8; Rem.
Supp. 1941 § 814-8.]
59.08.090 Sheriff’s fee. The sheriff’s fee shall be the
same as in other civil actions. [1961 c 304 § 7; 1941 c 188
§ 9; Rem. Supp. 1941 § 814-9.]
County clerk’s fees: RCW 36.18.020.
Sheriff’s fees: RCW 36.18.040.
59.08.100 Indemnity bond not required—Liability
for damages. The plaintiff shall not be required to give
bond to the defendant or the sheriff for the issuance or
execution of the writ of restitution, and the sheriff shall not
(2002 Ed.)
Default in Rent of Forty Dollars or Less
be liable for damages to the defendant for the execution of
the writ of restitution hereunder, but any such damage to
which the defendant may be entitled shall be recoverable
against the plaintiff only. [1941 c 188 § 10; Rem. Supp.
1941 § 814-10.]
59.08.900 Chapter inapplicable to rental agreements
under landlord-tenant act. This chapter does not apply to
any rental agreement included under the provisions of
chapter 59.18 RCW. [1973 1st ex.s. c 207 § 46.]
Chapter 59.12
FORCIBLE ENTRY AND FORCIBLE AND
UNLAWFUL DETAINER
Sections
59.12.010
59.12.020
59.12.030
59.12.035
59.12.040
59.12.050
59.12.060
59.12.070
59.12.080
59.12.090
59.12.091
Forcible entry defined.
Forcible detainer defined.
Unlawful detainer defined.
Holding over on agricultural land, effect of.
Service of notice—Proof of service.
Jurisdiction of proceedings.
Parties defendant.
Complaint—Summons.
Summons—Contents—Service.
Writ of restitution—Bond.
Writ of restitution under landlord-tenant act—RCW
59.12.090, 59.12.100, 59.12.121, and 59.12.170 inapplicable.
59.12.100 Service of writ—Bond to stay writ.
59.12.110 Modification of bond.
59.12.120 Judgment by default.
59.12.121 Pleading by defendant.
59.12.130 Jury—Actions given preference.
59.12.140 Proof in forcible entry and detainer.
59.12.150 Amendment to conform to proof.
59.12.160 Amendments.
59.12.170 Judgment—Execution.
59.12.180 Rules of practice.
59.12.190 Relief against forfeiture.
59.12.200 Appellate review—Stay bond.
59.12.210 Effect of stay bond.
59.12.220 Writ of restitution suspended pending appeal.
59.12.230 Forcible entry and detainer—Penalty.
Joint tenancies: Chapter 64.28 RCW.
Tenant’s violation of duty under landlord-tenant act grounds for unlawful
detainer action: RCW 59.18.180.
59.12.010 Forcible entry defined. Every person is
guilty of a forcible entry who either—(1) By breaking open
windows, doors or other parts of a house, or by fraud,
intimidation or stealth, or by any kind of violence or circumstance of terror, enters upon or into any real property; or—
(2) Who, after entering peaceably upon real property, turns
out by force, threats or menacing conduct the party in actual
possession. [1891 c 96 § 1; RRS § 810. Prior: 1890 p 73
§ 1.]
59.12.020 Forcible detainer defined. Every person
is guilty of a forcible detainer who either—(1) By force, or
by menaces and threats of violence, unlawfully holds and
keeps the possession of any real property, whether the same
was acquired peaceably or otherwise; or—(2) Who in the
nighttime, or during the absence of the occupant of any real
property, enters thereon, and who, after demand made for the
(2002 Ed.)
59.08.100
surrender thereof, refuses for the period of three days to
surrender the same to such former occupant. The occupant
of real property within the meaning of this subdivision is one
who for the five days next preceding such unlawful entry
was in the peaceable and undisturbed possession of such real
property. [1891 c 96 § 2; RRS § 811. Prior: 1890 p 73 §
2.]
59.12.030 Unlawful detainer defined. A tenant of
real property for a term less than life is guilty of unlawful
detainer either:
(1) When he or she holds over or continues in possession, in person or by subtenant, of the property or any part
thereof after the expiration of the term for which it is let to
him or her. When real property is leased for a specified
term or period by express or implied contract, whether written or oral, the tenancy shall be terminated without notice at
the expiration of the specified term or period;
(2) When he or she, having leased property for an
indefinite time with monthly or other periodic rent reserved,
continues in possession thereof, in person or by subtenant,
after the end of any such month or period, when the landlord, more than twenty days prior to the end of such month
or period, has served notice (in manner in RCW 59.12.040
provided) requiring him or her to quit the premises at the
expiration of such month or period;
(3) When he or she continues in possession in person or
by subtenant after a default in the payment of rent, and after
notice in writing requiring in the alternative the payment of
the rent or the surrender of the detained premises, served (in
manner in RCW 59.12.040 provided) in behalf of the person
entitled to the rent upon the person owing it, has remained
uncomplied with for the period of three days after service
thereof. The notice may be served at any time after the rent
becomes due;
(4) When he or she continues in possession in person or
by subtenant after a neglect or failure to keep or perform any
other condition or covenant of the lease or agreement under
which the property is held, including any covenant not to
assign or sublet, than one for the payment of rent, and after
notice in writing requiring in the alternative the performance
of such condition or covenant or the surrender of the
property, served (in manner in RCW 59.12.040 provided)
upon him or her, and if there is a subtenant in actual
possession of the premises, also upon such subtenant, shall
remain uncomplied with for ten days after service thereof.
Within ten days after the service of such notice the tenant,
or any subtenant in actual occupation of the premises, or any
mortgagee of the term, or other person interested in its
continuance, may perform such condition or covenant and
thereby save the lease from such forfeiture;
(5) When he or she commits or permits waste upon the
demised premises, or when he or she sets up or carries on
thereon any unlawful business, or when he or she erects,
suffers, permits, or maintains on or about the premises any
nuisance, and remains in possession after the service (in
manner in RCW 59.12.040 provided) upon him or her of
three days’ notice to quit;
(6) A person who, without the permission of the owner
and without having color of title thereto, enters upon land of
another and who fails or refuses to remove therefrom after
[Title 59 RCW—page 3]
59.12.030
Title 59 RCW: Landlord and Tenant
three days’ notice, in writing and served upon him or her in
the manner provided in RCW 59.12.040. Such person may
also be subject to the criminal provisions of chapter 9A.52
RCW; or
(7) When he or she commits or permits any gang-related
activity at the premises as prohibited by RCW 59.18.130.
[1998 c 276 § 6; 1983 c 264 § 1; 1953 c 106 § 1. Prior:
1905 c 86 § 1; 1891 c 96 § 3; 1890 p 73 § 3; RRS § 812.]
Termination of month to month tenancy: RCW 59.04.020, 59.18.200.
Unlawful detainer defined: RCW 59.16.010.
59.12.035 Holding over on agricultural land, effect
of. In all cases of tenancy upon agricultural lands, where the
tenant has held over and retained possession for more than
sixty days after the expiration of his term without any
demand or notice to quit by his landlord or the successor in
estate of his landlord, if any there be, he shall be deemed to
be holding by permission of his landlord or the successor in
estate of his landlord, if any there be, and shall be entitled
to hold under the terms of the lease for another full year,
and shall not be guilty of an unlawful detainer during said
year, and such holding over for the period aforesaid shall be
taken and construed as a consent on the part of a tenant to
hold for another year. [1891 c 96 § 4; RRS § 813. Formerly RCW 59.04.060.]
59.12.040 Service of notice—Proof of service. Any
notice provided for in this chapter shall be served either (1)
by delivering a copy personally to the person entitled
thereto; or (2) if he be absent from the premises unlawfully
held, by leaving there a copy, with some person of suitable
age and discretion, and sending a copy through the mail
addressed to the person entitled thereto at his place of
residence; or (3) if the person to be notified be a tenant, or
an unlawful holder of premises, and his place of residence
is not known, or if a person of suitable age and discretion
there cannot be found then by affixing a copy of the notice
in a conspicuous place on the premises unlawfully held, and
also delivering a copy to a person there residing, if such a
person can be found, and also sending a copy through the
mail addressed to the tenant, or unlawful occupant, at the
place where the premises unlawfully held are situated.
Service upon a subtenant may be made in the same manner:
PROVIDED, That in cases where the tenant or unlawful
occupant, shall be conducting a hotel, inn, lodging house,
boarding house, or shall be renting rooms while still retaining control of the premises as a whole, that the guests,
lodgers, boarders or persons renting such rooms shall not be
considered as subtenants within the meaning of this chapter,
but all such persons may be served by affixing a copy of the
notice to be served in two conspicuous places upon the
premises unlawfully held; and such persons shall not be necessary parties defendant in an action to recover possession of
said premises. Service of any notice provided for in this
chapter may be had upon a corporation by delivering a copy
thereof to any officer, agent or person having charge of the
business of such corporation, at the premises unlawfully
held, and in case no such officer, agent or person can be
found upon such premises, then service may be had by
affixing a copy of such notice in a conspicuous place upon
said premises and by sending a copy through the mail
[Title 59 RCW—page 4]
addressed to such corporation at the place where said
premises are situated. Proof of any service under this
section may be made by the affidavit of the person making
the same in like manner and with like effect as the proof of
service of summons in civil actions. When a copy of notice
is sent through the mail, as provided in this section, service
shall be deemed complete when such copy is deposited in
the United States mail in the county in which the property is
situated properly addressed with postage prepaid: PROVIDED, HOWEVER, That when service is made by mail one
additional day shall be allowed before the commencement of
an action based upon such notice. RCW 59.18.375 may also
apply to notice given under this chapter. [1983 c 264 § 2;
1911 c 26 § 1; 1905 c 86 § 2; 1891 c 96 § 5; RRS § 814.
Prior: 1890 p 75 § 4.]
59.12.050 Jurisdiction of proceedings. The superior
court of the county in which the property or some part of it
is situated shall have jurisdiction of proceedings under this
chapter. [1891 c 96 § 6; RRS § 815. Prior: 1890 p 75 §
5.]
Venue and jurisdiction, generally: RCW 2.08.010 and chapter 4.12 RCW.
59.12.060 Parties defendant. No person other than
the tenant of the premises, and subtenant, if there be one, in
the actual occupation of the premises when the complaint is
filed, need be made parties defendant in any proceeding
under this chapter, nor shall any proceeding abate, nor the
plaintiff be nonsuited, for the nonjoinder of any person who
might have been made party defendant; but when it appears
that any of the parties served with process, or appearing in
the proceeding, are guilty of the offense charged, judgment
must be rendered against him. In case a person has become
a subtenant of the premises in controversy after the service
of any notice in this chapter provided for, the fact that such
notice was not served on such subtenant shall constitute no
defense to the action. All persons who enter the premises
under the tenant, after the commencement of the action
hereunder, shall be bound by the judgment the same as if
they had been made parties to the action. [1891 c 96 § 7;
RRS § 816. Prior: 1890 p 75 § 6.]
59.12.070 Complaint—Summons. The plaintiff in
his complaint, which shall be in writing, must set forth the
facts on which he seeks to recover, and describe the premises with reasonable certainty, and may set forth therein
any circumstances of fraud, force or violence, which may
have accompanied the said forcible entry or forcible or
unlawful detainer, and claim damages therefor, or compensation for the occupation of the premises, or both; in case the
unlawful detainer charged be after default in the payment of
rent, the complaint must state the amount of such rent. A
summons must be issued as in other cases, returnable at a
day designated therein, which shall not be less than six nor
more than twelve days from the date of service, except in
cases where the publication of summons is necessary, in
which case the court or judge thereof may order that the
summons be made returnable at such time as may be deemed
proper, and the summons shall specify the return day so
fixed. [1927 c 123 § 1; 1891 c 96 § 8; RRS § 817. Prior:
1890 p 75 § 7.]
(2002 Ed.)
Forcible Entry and Forcible and Unlawful Detainer
59.12.080 Summons—Contents—Service. The
summons must state the names of the parties to the proceeding, the court in which the same is brought, the nature of the
action, in concise terms, and the relief sought, and also the
return day; and must notify the defendant to appear and
answer within the time designated or that the relief sought
will be taken against him. The summons must be directed
to the defendant, and in case of summons by publication, be
served at least five days before the return day designated
therein. The summons must be served and returned in the
same manner as summons in other actions is served and
returned. [1927 c 123 § 2; 1891 c 96 § 9; RRS § 818.
Prior: 1890 p 76 § 8.]
Summons, generally: RCW 4.28.080 through 4.28.110.
59.12.090 Writ of restitution—Bond. The plaintiff
at the time of commencing an action of forcible entry or
detainer or unlawful detainer, or at any time afterwards, may
apply to the judge of the court in which the action is
pending for a writ of restitution restoring to the plaintiff the
property in the complaint described, and the judge shall
order a writ of restitution to issue. The writ shall be issued
by the clerk of the superior court in which the action is
pending, and be returnable in twenty days after its date; but
before any writ shall issue prior to judgment the plaintiff
shall execute to the defendant and file in court a bond in
such sum as the court or judge may order, with sufficient
surety to be approved by the clerk, conditioned that the
plaintiff will prosecute his action without delay, and will pay
all costs that may be adjudged to the defendant, and all
damages which he may sustain by reason of the writ of
restitution having been issued, should the same be wrongfully sued out. [1927 c 123 § 3; 1891 c 96 § 10; RRS §
819. Prior: 1890 p 77 § 9.]
59.12.091 Writ of restitution under landlord-tenant
act—RCW 59.12.090, 59.12.100, 59.12.121, and 59.12.170
inapplicable. See RCW 59.18.420.
59.12.100 Service of writ—Bond to stay writ. The
sheriff shall, upon receiving the writ of restitution, forthwith
serve a copy thereof upon the defendant, his agent or
attorney, or a person in possession of the premises, and shall
not execute the same for three days thereafter, nor until after
the defendant has been served with summons in the action
as hereinabove provided, and the defendant, or person in
possession of the premises within three days after the service
of the writ of restitution may execute to the plaintiff a bond
to be filed with and approved by the clerk of the court in
such sum as may be fixed by the judge, with sufficient surety to be approved by the clerk of said court, conditioned that
they will pay to the plaintiff such sum as the plaintiff may
recover for the use and occupation of the said premises, or
any rent found due, together with all damages the plaintiff
may sustain by reason of the defendant occupying or keeping
possession of said premises, and also all the costs of the
action. The plaintiff, his agent or attorneys, shall have
notice of the time and place where the court or judge thereof
shall fix the amount of the defendant’s bond, and shall have
notice and a reasonable opportunity to examine into the
qualification and sufficiency of the sureties upon said bond
(2002 Ed.)
59.12.080
before said bond shall be approved by the clerk. The writ
may be served by the sheriff, in the event he shall be unable
to find the defendant, an agent or attorney, or a person in
possession of the premises, by affixing a copy of said writ
in a conspicuous place upon the premises. [1927 c 123 § 4;
1905 c 86 § 3; 1891 c 96 § 11; RRS § 820. Prior: 1890 p
77 § 10.]
59.12.110 Modification of bond. The plaintiff or
defendant at any time, upon two days’ notice to the adverse
party, may apply to the court or any judge thereof for an
order raising or lowering the amount of any bond in this
chapter provided for. Either party may, upon like notice,
apply to the court or any judge thereof for an order requiring
additional or other surety or sureties upon any such bond.
Upon the hearing or any application made under the provisions of this section evidence may be given. The judge after
hearing any such application shall make such an order as
shall be just in the premises. The bondsmen may be
required to be present at such hearing if so required in the
notice thereof, and shall answer under oath all questions that
may be asked them touching their qualifications as bondsmen, and in the event the bondsmen shall fail or refuse to
appear at such hearing and so answer such questions the
bond shall be stricken. In the event the court shall order a
new or additional bond to be furnished by defendant, and the
same shall not be given within twenty-four hours, the court
shall order the sheriff to forthwith execute the writ. In the
event the defendant shall file a second or additional bond
and it shall also be found insufficient after hearing, as above
provided, the right to retain the premises by bond shall be
lost and the sheriff shall forthwith put the plaintiff in
possession of the premises. [1905 c 86 § 4; 1891 c 96 § 12;
RRS § 821. Prior: 1890 p 78 § 11.]
59.12.120 Judgment by default. If on the date
appointed in the summons the defendant does not appear or
answer, the court shall render judgment in favor of the
plaintiff as prayed for in the complaint. [1989 c 342 § 2;
1891 c 96 § 13; RRS § 822. FORMER PART OF SECTION: 1891 c 96 § 14 now codified as RCW 59.12.121.]
Severability—Effective date—1989 c 342: See RCW 59.18.910 and
59.18.911.
59.12.121 Pleading by defendant. On or before the
day fixed for his appearance the defendant may appear and
answer or demur. [1891 c 96 § 14; RRS § 823. Formerly
RCW 59.12.120, part.]
59.12.130 Jury—Actions given preference. Whenever an issue of fact is presented by the pleadings it must be
tried by a jury, unless such a jury be waived as in other
cases. The jury shall be formed in the same manner as other
trial juries in the court in which the action is pending; and
in all cases actions under this chapter shall take precedence
of all other civil actions. [1891 c 96 § 15; RRS § 824.
Prior: 1890 p 79 § 15.]
59.12.140 Proof in forcible entry and detainer. On
the trial of any proceeding for any forcible entry or forcible
detainer the plaintiff shall only be required to show, in
[Title 59 RCW—page 5]
59.12.140
Title 59 RCW: Landlord and Tenant
addition to a forcible entry complained of, that he was
peaceably in the actual possession at the time of the forcible
entry; or, in addition to a forcible detainer complained of,
that he was entitled to the possession at the time of the
forcible detainer. [1891 c 96 § 16; RRS § 825. Prior: 1890
p 79 § 16.]
59.12.150 Amendment to conform to proof. When
upon the trial of any proceeding under this chapter it appears
from the evidence that the defendant has been guilty of
either a forcible entry or a forcible or unlawful detainer, in
respect of the premises described in the complaint, and other
than the offense charged in the complaint, the judge must
order that such complaint be forthwith amended to conform
to such proofs; such amendment must be made without any
imposition of terms. No continuance shall be permitted on
account of such amendment unless the defendant shows to
the satisfaction of the court good cause therefor. [1891 c 96
§ 17; RRS § 826. Prior: 1890 p 79 § 17.]
59.12.160 Amendments. Amendments may be
allowed by the court at any time before final judgment, upon
such terms as to the court may appear just, in the same cases
and manner and to the same extent as in civil actions. [1891
c 96 § 19; RRS § 828. Prior: 1890 p 80 § 20.]
59.12.170 Judgment—Execution. If upon the trial
the verdict of the jury or, if the case be tried without a jury,
the finding of the court be in favor of the plaintiff and
against the defendant, judgment shall be entered for the
restitution of the premises; and if the proceeding be for
unlawful detainer after neglect or failure to perform any
condition or covenant of a lease or agreement under which
the property is held, or after default in the payment of rent,
the judgment shall also declare the forfeiture of the lease,
agreement or tenancy. The jury, or the court, if the proceedings be tried without a jury, shall also assess the damages
occasioned to the plaintiff by any forcible entry, or by any
forcible or unlawful detainer, alleged in the complaint and
proved on the trial, and, if the alleged unlawful detainer be
after default in the payment of rent, find the amount of any
rent due, and the judgment shall be rendered against the
defendant guilty of the forcible entry, forcible detainer or
unlawful detainer for twice the amount of damages thus
assessed and of the rent, if any, found due. When the
proceeding is for an unlawful detainer after default in the
payment of rent, and the lease or agreement under which the
rent is payable has not by its terms expired, execution upon
the judgment shall not be issued until the expiration of five
days after the entry of the judgment, within which time the
tenant or any subtenant, or any mortgagee of the term, or
other party interested in its continuance, may pay into court
for the landlord the amount of the judgment and costs, and
thereupon the judgment shall be satisfied and the tenant
restored to his estate; but if payment, as herein provided, be
not made within five days the judgment may be enforced for
its full amount and for the possession of the premises. In all
other cases the judgment may be enforced immediately. If
writ of restitution shall have been executed prior to judgment
no further writ or execution for the premises shall be
[Title 59 RCW—page 6]
required. [1891 c 96 § 18; RRS § 827. Prior: 1890 p 80
§ 18.]
59.12.180 Rules of practice. Except as otherwise
provided in this chapter, the provisions of the laws of this
state with reference to practice in civil actions are applicable
to, and constitute the rules of practice in the proceedings
mentioned in this chapter; and the provisions of such laws
relative to new trials and appeals, except so far as they are
inconsistent with the provisions of this chapter, shall be held
to apply to the proceedings mentioned in this chapter. [1891
c 96 § 20; RRS § 829. Prior: 1890 p 80 § 21.]
59.12.190 Relief against forfeiture. The court may
relieve a tenant against a forfeiture of a lease and restore
him to his former estate, as in other cases provided by law,
where application for such relief is made within thirty days
after the forfeiture is declared by the judgment of the court,
as provided in this chapter. The application may be made
by a tenant or subtenant, or a mortgagee of the term, or any
person interested in the continuance of the term. It must be
made upon petition, setting forth the facts upon which the
relief is sought, and be verified by the applicant. Notice of
the application, with a copy of the petition, must be served
on the plaintiff in the judgment, who may appear and contest
the application. In no case shall the application be granted
except on condition that full payment of rent due, or full
performance of conditions of covenants stipulated, so far as
the same is practicable, be first made. [1891 c 96 § 21;
RRS § 830. Prior: 1890 p 80 § 22.]
59.12.200 Appellate review—Stay bond. A party
aggrieved by the judgment may seek appellate review of the
judgment as in other civil actions: PROVIDED, That if the
defendant appealing desires a stay of proceedings pending
review, the defendant shall execute and file a bond, with two
or more sufficient sureties to be approved by the judge,
conditioned to abide the order of the court, and to pay all
rents and other damages justly accruing to the plaintiff
during the pendency of the proceeding. [1988 c 202 § 55;
1971 c 81 § 128; 1891 c 96 § 22; RRS § 831. Prior: 1890
p 80 § 23.]
Severability—1988 c 202: See note following RCW 2.24.050.
59.12.210 Effect of stay bond. When the defendant
shall appeal, and shall file a bond as provided in RCW
59.12.200, all further proceedings in the case shall be stayed
until the determination of said appeal and the same has been
remanded to the superior court for further proceedings
therein. [1891 c 96 § 23; RRS § 832. Prior: 1890 p 80 §
24.]
59.12.220 Writ of restitution suspended pending
appeal. If a writ of restitution has been issued previous to
the taking of an appeal by the defendant, and said defendant
shall execute and file a bond as provided in this chapter, the
clerk of the court, under the direction of the judge, shall
forthwith give the appellant a certificate of the allowance of
such appeal; and upon the service of such certificate upon
the officer having such writ of restitution the said officer
(2002 Ed.)
Forcible Entry and Forcible and Unlawful Detainer
shall forthwith cease all further proceedings by virtue of
such writ; and if such writ has been completely executed the
defendant shall be restored to the possession of the premises,
and shall remain in possession thereof until the appeal is
determined. [1891 c 96 § 24; RRS § 833. Prior: 1890 p 81
§ 25.]
59.12.230 Forcible entry and detainer—Penalty.
Every person who shall unlawfully use, or encourage or
assist another in unlawfully using, any force or violence in
entering upon or detaining any lands or other possessions of
another; and every person who, having removed or been
removed therefrom pursuant to the order or direction of any
court, tribunal or officer, shall afterwards return to settle or
reside unlawfully upon, or take possession of, such lands or
possessions, shall be guilty of a misdemeanor. [1909 c 249
§ 306; RRS § 2558. Prior: Code 1881 § 858; 1873 p 195
§ 66; 1854 p 86 § 60.]
Chapter 59.16
UNLAWFUL ENTRY AND DETAINER
Sections
59.16.010
59.16.020
59.16.030
59.16.040
Unlawful detainer defined.
Pleadings, requirements.
Issues—Trial.
Parties defendant—Trial of separate issues.
59.16.010 Unlawful detainer defined. That any
person who shall, without the permission of the owner and
without having any color of title thereto, enter upon the
lands of another, and shall refuse to remove therefrom after
three days’ notice, shall be deemed guilty of unlawful
detainer and may be removed from such lands. [1891 c 115
§ 1; RRS § 834.]
*Reviser’s note: "chapter XLVI of the code of eighteen hundred and
eighty-one" is codified as RCW 7.28.010, 7.28.110 through 7.28.150, and
7.28.190 through 7.28.270.
59.16.040 Parties defendant—Trial of separate
issues. All persons in actual possession of any portion of
the several subdivisions of any section of land, according to
the government surveys thereof, may be made defendants in
one action: PROVIDED, That they may, in their discretion,
make separate answers to the complaint, and if separate
issues are joined thereupon, the same shall nevertheless be
tried as one action, but the verdict, if tried by jury, shall find
separately upon the issues so joined, and judgment shall be
rendered according thereto. [1891 c 115 § 4; RRS § 837.]
Chapter 59.18
RESIDENTIAL LANDLORD-TENANT ACT
Sections
59.18.010
59.18.020
59.18.030
59.18.040
59.18.050
59.18.055
59.18.060
59.18.063
59.18.070
59.18.075
59.18.080
59.18.085
59.18.090
59.18.100
Unlawful detainer defined: RCW 59.12.030.
59.18.110
59.16.020 Pleadings, requirements. The complaint
in all cases under the provisions of this chapter shall be upon
oath, and then [there] shall be embodied therein or amended
thereto an abstract of the plaintiff’s title, and the defendant
shall, in his answer, state whether he makes any claim of
title to the lands described in the complaint, and if he makes
no claim to the legal title but does claim a right to the possession of such lands, he shall state upon what grounds he
claims a right to such possession. [1891 c 115 § 2; RRS §
835.]
59.16.030 Issues—Trial. It shall not be necessary for
the plaintiff, in proceedings under this chapter, to allege or
prove that the said lands were, at any time, actually occupied
prior to the defendant’s entry thereupon, but it shall be
sufficient to allege that he is the legal owner and entitled to
the immediate possession thereof: PROVIDED, That if the
defendant shall, by his answer, deny such ownership and
shall state facts showing that he has a lawful claim to the
possession thereof, the cause shall thereupon be entered for
trial upon the docket of the court in all respects as if the
action were brought under the provisions of *chapter XLVI
of the code of eighteen hundred and eighty-one. [1891 c
115 § 3; RRS § 836.]
(2002 Ed.)
59.12.220
59.18.115
59.18.120
59.18.130
59.18.140
59.18.150
59.18.160
59.18.170
59.18.180
59.18.190
59.18.200
59.18.210
59.18.220
59.18.230
59.18.240
Short title.
Rights and remedies—Obligation of good faith imposed.
Definitions.
Living arrangements exempted from chapter.
Jurisdiction of district and superior courts.
Notice—Alternative procedure—Court’s jurisdiction limited—Application to chapter 59.20 RCW.
Landlord—Duties.
Landlord—Provide written receipt upon request.
Landlord—Failure to perform duties—Notice from tenant—
Contents—Time limits for landlord’s remedial action.
Seizure of illegal drugs—Notification of landlord.
Payment of rent condition to exercising remedies—
Exceptions.
Rental of condemned or unlawful dwelling—Tenant’s remedies.
Landlord’s failure to remedy defective condition—Tenant’s
choice of actions.
Landlord’s failure to carry out duties—Repairs effected by
tenant—Procedure—Deduction of cost from rent—
Limitations.
Failure of landlord to carry out duties—Determination by
court or arbitrator—Judgment against landlord for diminished rental value and repair costs—Enforcement of
judgment—Reduction in rent under certain conditions.
Substandard and dangerous conditions—Notice to landlord—Government certification—Escrow account.
Defective condition—Unfeasible to remedy defect—
Termination of tenancy.
Duties of tenant.
Reasonable obligations or restrictions—Tenant’s duty to
conform.
Landlord’s right of entry—Purposes—Searches by fire officials—Conditions.
Landlord’s remedies if tenant fails to remedy defective condition.
Landlord to give notice if tenant fails to carry out duties.
Tenant’s failure to comply with statutory duties—Landlord
to give tenant written notice of noncompliance—
Landlord’s remedies.
Notice to tenant to remedy nonconformance.
Tenancy from month to month or for rental period—
Termination—Exclusion of children or conversion to
condominium—Notice.
Tenancies from year to year except under written contract.
Termination of tenancy for a specified time.
Waiver of chapter provisions prohibited—Provisions prohibited from rental agreement—Distress for rent abolished—Detention of personal property for rent—
Remedies.
Reprisals or retaliatory actions by landlord—Prohibited.
[Title 59 RCW—page 7]
Chapter 59.18
59.18.250
Title 59 RCW: Landlord and Tenant
Reprisals or retaliatory actions by landlord—Presumptions—
Rebuttal—Costs.
59.18.253 Deposit to secure occupancy by tenant—Landlord’s duties—
Violation.
59.18.257 Screening of tenants—Costs—Notice to tenant—Violation.
59.18.260 Moneys paid as deposit or security for performance by tenant—Written rental agreement to specify terms and
conditions for retention by landlord—Written checklist
required.
59.18.270 Moneys paid as deposit or security for performance by tenant—Deposit by landlord in trust account—Receipt—
Claims.
59.18.280 Moneys paid as deposit or security for performance by tenant—Statement and notice of basis for retention—
Remedies for landlord’s failure to make refund.
59.18.285 Nonrefundable fees not to be designated as deposit—Written
rental agreement required.
59.18.290 Removal or exclusion of tenant from premises—Holding
over or excluding landlord from premises after termination date.
59.18.300 Termination of tenant’s utility services—Tenant causing loss
of landlord provided utility services.
59.18.310 Default in rent—Abandonment—Liability of tenant—
Landlord’s remedies—Sale of tenant’s property by landlord.
59.18.312 Writ of restitution—Storage and sale of tenant’s property—
Use of proceeds from sale.
59.18.315 Mediation of disputes by independent third party.
59.18.320 Arbitration—Authorized—Exceptions—Notice—Procedure.
59.18.330 Arbitration—Application—Hearings—Decisions.
59.18.340 Arbitration—Fee.
59.18.350 Arbitration—Completion of arbitration after giving notice.
59.18.352 Threatening behavior by tenant—Termination of agreement—Written notice—Financial obligations.
59.18.354 Threatening behavior by landlord—Termination of agreement—Financial obligations.
59.18.356 Threatening behavior—Violation of order for protection—
Termination of agreement—Financial obligations.
59.18.360 Exemptions.
59.18.365 Unlawful detainer action—Summons—Form.
59.18.370 Forcible entry or detainer or unlawful detainer actions—Writ
of restitution—Application—Order—Hearing.
59.18.375 Forcible entry or detainer or unlawful detainer actions—
Payment of rent into court registry—Writ of restitution—Notice.
59.18.380 Forcible entry or detainer or unlawful detainer actions—Writ
of restitution—Answer—Order—Stay—Bond.
59.18.390 Forcible entry or detainer or unlawful detainer actions—Writ
of restitution—Service—Defendant’s bond.
59.18.400 Forcible entry or detainer or unlawful detainer actions—Writ
of restitution—Answer of defendant.
59.18.410 Forcible entry or detainer or unlawful detainer actions—Writ
of restitution—Judgment—Execution.
59.18.415 Applicability to certain single family dwelling leases.
59.18.420 RCW 59.12.090, 59.12.100, 59.12.121, and 59.12.170 inapplicable.
59.18.430 Applicability to prior, existing or future leases.
59.18.440 Relocation assistance for low-income tenants—Certain cities,
towns, counties, municipal corporations authorized to
require.
59.18.450 Relocation assistance for low-income tenants—Payments not
considered income—Eligibility for other assistance not
affected.
59.18.500 Gang-related activity—Legislative findings, declarations, and
intent.
59.18.510 Gang-related activity—Notice and demand the landlord
commence unlawful detainer action—Petition to court—
Attorneys’ fees.
59.18.900 Severability—1973 1st ex.s. c 207.
59.18.910 Severability—1989 c 342.
59.18.911 Effective date—1989 c 342.
Reviser’s note: This chapter was revised pursuant to Washington
ass’n. of apartment ass’ns., inc. vs. Evans, 88 Wn. 2d. 563 (1977) which
declared invalid the fourteen item and section vetoes to 1973 Engrossed
Substitute Senate Bill No. 2226 (1973 1st ex.s. c 207).
[Title 59 RCW—page 8]
Smoke detection devices in dwelling units required: RCW 48.48.140.
59.18.010 Short title. RCW 59.18.010 through
59.18.420 and 59.18.900 shall be known and may be cited
as the "Residential Landlord-Tenant Act of 1973", and shall
constitute a new chapter in Title 59 RCW. [1973 1st ex.s.
c 207 § 1.]
59.18.020 Rights and remedies—Obligation of good
faith imposed. Every duty under this chapter and every act
which must be performed as a condition precedent to the
exercise of a right or remedy under this chapter imposes an
obligation of good faith in its performance or enforcement.
[1973 1st ex.s. c 207 § 2.]
59.18.030 Definitions. As used in this chapter:
(1) "Dwelling unit" is a structure or that part of a structure which is used as a home, residence, or sleeping place by
one person or by two or more persons maintaining a common household, including but not limited to single family
residences and units of multiplexes, apartment buildings, and
mobile homes.
(2) "Landlord" means the owner, lessor, or sublessor of
the dwelling unit or the property of which it is a part, and in
addition means any person designated as representative of
the landlord.
(3) "Person" means an individual, group of individuals,
corporation, government, or governmental agency, business
trust, estate, trust, partnership, or association, two or more
persons having a joint or common interest, or any other legal
or commercial entity.
(4) "Owner" means one or more persons, jointly or
severally, in whom is vested:
(a) All or any part of the legal title to property; or
(b) All or part of the beneficial ownership, and a right
to present use and enjoyment of the property.
(5) "Premises" means a dwelling unit, appurtenances
thereto, grounds, and facilities held out for the use of tenants
generally and any other area or facility which is held out for
use by the tenant.
(6) "Rental agreement" means all agreements which
establish or modify the terms, conditions, rules, regulations,
or any other provisions concerning the use and occupancy of
a dwelling unit.
(7) A "single family residence" is a structure maintained
and used as a single dwelling unit. Notwithstanding that a
dwelling unit shares one or more walls with another dwelling
unit, it shall be deemed a single family residence if it has
direct access to a street and shares neither heating facilities
nor hot water equipment, nor any other essential facility or
service, with any other dwelling unit.
(8) A "tenant" is any person who is entitled to occupy
a dwelling unit primarily for living or dwelling purposes
under a rental agreement.
(9) "Reasonable attorney’s fees", where authorized in
this chapter, means an amount to be determined including
the following factors: The time and labor required, the
novelty and difficulty of the questions involved, the skill
requisite to perform the legal service properly, the fee
customarily charged in the locality for similar legal services,
the amount involved and the results obtained, and the
(2002 Ed.)
Residential Landlord-Tenant Act
experience, reputation and ability of the lawyer or lawyers
performing the services.
(10) "Gang" means a group that: (a) Consists of three
or more persons; (b) has identifiable leadership or an
identifiable name, sign, or symbol; and (c) on an ongoing
basis, regularly conspires and acts in concert mainly for
criminal purposes.
(11) "Gang-related activity" means any activity that
occurs within the gang or advances a gang purpose. [1998
c 276 § 1; 1973 1st ex.s. c 207 § 3.]
59.18.040 Living arrangements exempted from
chapter. The following living arrangements are not intended to be governed by the provisions of this chapter, unless
established primarily to avoid its application, in which event
the provisions of this chapter shall control:
(1) Residence at an institution, whether public or
private, where residence is merely incidental to detention or
the provision of medical, religious, educational, recreational,
or similar services, including but not limited to correctional
facilities, licensed nursing homes, monasteries and convents,
and hospitals;
(2) Occupancy under a bona fide earnest money
agreement to purchase or contract of sale of the dwelling
unit or the property of which it is a part, where the tenant is,
or stands in the place of, the purchaser;
(3) Residence in a hotel, motel, or other transient
lodging whose operation is defined in RCW 19.48.010;
(4) Rental agreements entered into pursuant to the
provisions of chapter 47.12 RCW where occupancy is by an
owner-condemnee and where such agreement does not
violate the public policy of this state of ensuring decent,
safe, and sanitary housing and is so certified by the consumer protection division of the attorney general’s office;
(5) Rental agreements for the use of any single family
residence which are incidental to leases or rentals entered
into in connection with a lease of land to be used primarily
for agricultural purposes;
(6) Rental agreements providing housing for seasonal
agricultural employees while provided in conjunction with
such employment;
(7) Rental agreements with the state of Washington,
department of natural resources, on public lands governed by
Title 79 RCW;
(8) Occupancy by an employee of a landlord whose
right to occupy is conditioned upon employment in or about
the premises. [1989 c 342 § 3; 1973 1st ex.s. c 207 § 4.]
59.18.050 Jurisdiction of district and superior
courts. The district or superior courts of this state may
exercise jurisdiction over any landlord or tenant with respect
to any conduct in this state governed by this chapter or with
respect to any claim arising from a transaction subject to this
chapter within the respective jurisdictions of the district or
superior courts as provided in Article IV, section 6 of the
Constitution of the state of Washington. [1973 1st ex.s. c
207 § 5.]
59.18.055 Notice—Alternative procedure—Court’s
jurisdiction limited—Application to chapter 59.20 RCW.
(1) When the plaintiff, after the exercise of due diligence, is
(2002 Ed.)
59.18.030
unable to personally serve the summons on the defendant,
the court may authorize the alternative means of service
described herein. Upon filing of an affidavit from the
person or persons attempting service describing those
attempts, and the filing of an affidavit from the plaintiff,
plaintiff’s agent, or plaintiff’s attorney stating the belief that
the defendant cannot be found, the court may enter an order
authorizing service of the summons as follows:
(a) The summons and complaint shall be posted in a
conspicuous place on the premises unlawfully held, not less
than nine days from the return date stated in the summons;
and
(b) Copies of the summons and complaint shall be
deposited in the mail, postage prepaid, by both regular mail
and certified mail directed to the defendant’s or defendants’
last known address not less than nine days from the return
date stated in the summons.
When service on the defendant or defendants is accomplished by this alternative procedure, the court’s jurisdiction
is limited to restoring possession of the premises to the
plaintiff and no money judgment may be entered against the
defendant or defendants until such time as jurisdiction over
the defendant or defendants is obtained.
(2) This section shall apply to this chapter and chapter
59.20 RCW. [1997 c 86 § 1; 1989 c 342 § 14.]
59.18.060 Landlord—Duties. The landlord will at all
times during the tenancy keep the premises fit for human
habitation, and shall in particular:
(1) Maintain the premises to substantially comply with
any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative
body enacting the applicable code, statute, ordinance or
regulation could enforce as to the premises rented if such
condition substantially endangers or impairs the health or
safety of the tenant;
(2) Maintain the roofs, floors, walls, chimneys, fireplaces, foundations, and all other structural components in
reasonably good repair so as to be usable and capable of
resisting any and all normal forces and loads to which they
may be subjected;
(3) Keep any shared or common areas reasonably clean,
sanitary, and safe from defects increasing the hazards of fire
or accident;
(4) Provide a reasonable program for the control of
infestation by insects, rodents, and other pests at the initiation of the tenancy and, except in the case of a single family
residence, control infestation during tenancy except where
such infestation is caused by the tenant;
(5) Except where the condition is attributable to normal
wear and tear, make repairs and arrangements necessary to
put and keep the premises in as good condition as it by law
or rental agreement should have been, at the commencement
of the tenancy;
(6) Provide reasonably adequate locks and furnish keys
to the tenant;
(7) Maintain all electrical, plumbing, heating, and other
facilities and appliances supplied by him in reasonably good
working order;
(8) Maintain the dwelling unit in reasonably
weathertight condition;
[Title 59 RCW—page 9]
59.18.060
Title 59 RCW: Landlord and Tenant
(9) Except in the case of a single family residence,
provide and maintain appropriate receptacles in common
areas for the removal of ashes, rubbish, and garbage,
incidental to the occupancy and arrange for the reasonable
and regular removal of such waste;
(10) Except where the building is not equipped for the
purpose, provide facilities adequate to supply heat and water
and hot water as reasonably required by the tenant;
(11)(a) Provide a written notice to all tenants disclosing
fire safety and protection information. The landlord or his
or her authorized agent must provide a written notice to the
tenant that the dwelling unit is equipped with a smoke
detection device as required in RCW 48.48.140. The notice
shall inform the tenant of the tenant’s responsibility to
maintain the smoke detection device in proper operating
condition and of penalties for failure to comply with the
provisions of RCW 48.48.140(3). The notice must be signed
by the landlord or the landlord’s authorized agent and tenant
with copies provided to both parties. Further, except with
respect to a single-family residence, the written notice must
also disclose the following:
(i) Whether the smoke detection device is hard-wired or
battery operated;
(ii) Whether the building has a fire sprinkler system;
(iii) Whether the building has a fire alarm system;
(iv) Whether the building has a smoking policy, and
what that policy is;
(v) Whether the building has an emergency notification
plan for the occupants and, if so, provide a copy to the
occupants;
(vi) Whether the building has an emergency relocation
plan for the occupants and, if so, provide a copy to the
occupants; and
(vii) Whether the building has an emergency evacuation
plan for the occupants and, if so, provide a copy to the
occupants.
(b) The information required under this subsection may
be provided to a tenant in a multifamily residential building
either as a written notice or as a checklist that discloses
whether the building has fire safety and protection devices
and systems. The checklist shall include a diagram showing
the emergency evacuation routes for the occupants.
(c) The written notice or checklist must be provided to
new tenants at the time the lease or rental agreement is
signed, and must be provided to current tenants as soon as
possible, but not later than January 1, 2004; and
(12) Designate to the tenant the name and address of the
person who is the landlord by a statement on the rental
agreement or by a notice conspicuously posted on the
premises. The tenant shall be notified immediately of any
changes by certified mail or by an updated posting. If the
person designated in this section does not reside in the state
where the premises are located, there shall also be designated a person who resides in the county who is authorized
to act as an agent for the purposes of service of notices and
process, and if no designation is made of a person to act as
agent, then the person to whom rental payments are to be
made shall be considered such agent;
No duty shall devolve upon the landlord to repair a
defective condition under this section, nor shall any defense
or remedy be available to the tenant under this chapter,
where the defective condition complained of was caused by
[Title 59 RCW—page 10]
the conduct of such tenant, his family, invitee, or other
person acting under his control, or where a tenant unreasonably fails to allow the landlord access to the property for
purposes of repair. When the duty imposed by subsection
(1) of this section is incompatible with and greater than the
duty imposed by any other provisions of this section, the
landlord’s duty shall be determined pursuant to subsection
(1) of this section. [2002 c 259 § 1; 1991 c 154 § 2; 1973
1st ex.s. c 207 § 6.]
59.18.063 Landlord—Provide written receipt upon
request. A landlord shall provide, upon the request of a
tenant, a written receipt for any payments made by the
tenant. [1997 c 84 § 1.]
59.18.070 Landlord—Failure to perform duties—
Notice from tenant—Contents—Time limits for
landlord’s remedial action. If at any time during the
tenancy the landlord fails to carry out the duties required by
RCW 59.18.060 or by the rental agreement, the tenant may,
in addition to pursuit of remedies otherwise provided him by
law, deliver written notice to the person designated in *RCW
59.18.060(11), or to the person who collects the rent, which
notice shall specify the premises involved, the name of the
owner, if known, and the nature of the defective condition.
The landlord shall commence remedial action after receipt of
such notice by the tenant as soon as possible but not later
than the following time periods, except where circumstances
are beyond the landlord’s control:
(1) Not more than twenty-four hours, where the defective condition deprives the tenant of hot or cold water, heat,
or electricity, or is imminently hazardous to life;
(2) Not more than seventy-two hours, where the
defective condition deprives the tenant of the use of a
refrigerator, range and oven, or a major plumbing fixture
supplied by the landlord; and
(3) Not more than ten days in all other cases.
In each instance the burden shall be on the landlord to
see that remedial work under this section is completed
promptly. If completion is delayed due to circumstances
beyond the landlord’s control, including the unavailability of
financing, the landlord shall remedy the defective condition
as soon as possible. [1989 c 342 § 4; 1973 1st ex.s. c 207
§ 7.]
*Reviser’s note: RCW 59.18.060 was amended by 1991 c 154 § 2
changing subsection (11) to subsection (12).
59.18.075 Seizure of illegal drugs—Notification of
landlord. (1) Any law enforcement agency which seizes a
legend drug pursuant to a violation of chapter 69.41 RCW,
a controlled substance pursuant to a violation of chapter
69.50 RCW, or an imitation controlled substance pursuant to
a violation of chapter 69.52 RCW, shall make a reasonable
attempt to discover the identity of the landlord and shall
notify the landlord in writing, at the last address listed in the
property tax records and at any other address known to the
law enforcement agency, of the seizure and the location of
the seizure of the illegal drugs or substances.
(2) Any law enforcement agency which arrests a tenant
for threatening another tenant with a firearm or other deadly
weapon, or for some other unlawful use of a firearm or other
(2002 Ed.)
Residential Landlord-Tenant Act
deadly weapon on the rental premises, or for physically assaulting another person on the rental premises, shall make a
reasonable attempt to discover the identity of the landlord
and notify the landlord about the arrest in writing, at the last
address listed in the property tax records and at any other
address known to the law enforcement agency. [1992 c 38
§ 4; 1988 c 150 § 11.]
Intent—Effective date—1992 c 38: See notes following RCW
59.18.352.
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
59.18.080 Payment of rent condition to exercising
remedies—Exceptions. The tenant shall be current in the
payment of rent including all utilities which the tenant has
agreed in the rental agreement to pay before exercising any
of the remedies accorded him under the provisions of this
chapter: PROVIDED, That this section shall not be construed as limiting the tenant’s civil remedies for negligent or
intentional damages: PROVIDED FURTHER, That this
section shall not be construed as limiting the tenant’s right
in an unlawful detainer proceeding to raise the defense that
there is no rent due and owing. [1973 1st ex.s. c 207 § 8.]
59.18.085 Rental of condemned or unlawful dwelling—Tenant’s remedies. (1) If a governmental agency
responsible for the enforcement of a building, housing, or
other appropriate code has notified the landlord that a
dwelling is condemned or unlawful to occupy due to the
existence of conditions that violate applicable codes, statutes,
ordinances, or regulations, a landlord shall not enter into a
rental agreement for the dwelling unit until the conditions
are corrected.
(2) If a landlord knowingly violates subsection (1) of
this section, the tenant shall recover either three months’
periodic rent or up to treble the actual damages sustained as
a result of the violation, whichever is greater, costs of suit,
or arbitration and reasonable attorneys’ fees. If the tenant
elects to terminate the tenancy as a result of the conditions
leading to the posting, or if the appropriate governmental
agency requires that the tenant vacate the premises, the
tenant also shall recover:
(a) The entire amount of any deposit prepaid by the
tenant; and
(b) All prepaid rent. [1989 c 342 § 13.]
59.18.090 Landlord’s failure to remedy defective
condition—Tenant’s choice of actions. If, after receipt of
written notice, and expiration of the applicable period of
time, as provided in RCW 59.18.070, the landlord fails to
remedy the defective condition within a reasonable time the
tenant may:
(1) Terminate the rental agreement and quit the premises
upon written notice to the landlord without further obligation
under the rental agreement, in which case he shall be
discharged from payment of rent for any period following
the quitting date, and shall be entitled to a pro rata refund of
any prepaid rent, and shall receive a full and specific
statement of the basis for retaining any of the deposit
together with any refund due in accordance with RCW
59.18.280;
(2002 Ed.)
59.18.075
(2) Bring an action in an appropriate court, or at arbitration if so agreed, for any remedy provided under this chapter
or otherwise provided by law; or
(3) Pursue other remedies available under this chapter.
[1973 1st ex.s. c 207 § 9.]
59.18.100 Landlord’s failure to carry out duties—
Repairs effected by tenant—Procedure—Deduction of
cost from rent—Limitations. (1) If at any time during the
tenancy, the landlord fails to carry out any of the duties
imposed by RCW 59.18.060, and notice of the defect is
given to the landlord pursuant to RCW 59.18.070, the tenant
may submit to the landlord or his designated agent by
certified mail or in person a good faith estimate by the
tenant of the cost to perform the repairs necessary to correct
the defective condition if the repair is to be done by licensed
or registered persons, or if no licensing or registration
requirement applies to the type of work to be performed, the
cost if the repair is to be done by responsible persons
capable of performing such repairs. Such estimate may be
submitted to the landlord at the same time as notice is given
pursuant to RCW 59.18.070: PROVIDED, That the remedy
provided in this section shall not be available for a
landlord’s failure to carry out the duties in *RCW 59.18.060
(9), and (11): PROVIDED FURTHER, That if the tenant
utilizes this section for repairs pursuant to RCW
59.18.060(6), the tenant shall promptly provide the landlord
with a key to any new or replaced locks. The amount the
tenant may deduct from the rent may vary from the estimate,
but cannot exceed the one-month limit as described in
subsection (2) of this section.
(2) If the landlord fails to commence remedial action of
the defective condition within the applicable time period
after receipt of notice and the estimate from the tenant, the
tenant may contract with a licensed or registered person, or
with a responsible person capable of performing the repair
if no license or registration is required, to make the repair,
and upon the completion of the repair and an opportunity for
inspection by the landlord or his designated agent, the tenant
may deduct the cost of repair from the rent in an amount not
to exceed the sum expressed in dollars representing one
month’s rental of the tenant’s unit per repair: PROVIDED,
That when the landlord must commence to remedy the
defective condition within ten days as provided in RCW
59.18.070(3), the tenant cannot contract for repairs for ten
days after notice or five days after the landlord receives the
estimate, whichever is later: PROVIDED FURTHER, That
the total costs of repairs deducted in any twelve-month
period under this subsection shall not exceed the sum
expressed in dollars representing two month’s rental of the
tenant’s unit.
(3) If the landlord fails to carry out the duties imposed
by RCW 59.18.060 within the applicable time period, and if
the cost of repair does not exceed one-half month’s rent,
including the cost of materials and labor, which shall be
computed at the prevailing rate in the community for the
performance of such work, and if repair of the condition
need not by law be performed only by licensed or registered
persons, and if the tenant has given notice under RCW
59.18.070, although no estimate shall be necessary under this
subsection, the tenant may repair the defective condition in
[Title 59 RCW—page 11]
59.18.100
Title 59 RCW: Landlord and Tenant
a workmanlike manner and upon completion of the repair
and an opportunity for inspection, the tenant may deduct the
cost of repair from the rent: PROVIDED, That repairs under
this subsection are limited to defects within the leased
premises: PROVIDED FURTHER, That the cost per repair
shall not exceed one-half month’s rent of the unit and that
the total costs of repairs deducted in any twelve-month
period under this subsection shall not exceed one month’s
rent of the unit.
(4) The provisions of this section shall not:
(a) Create a relationship of employer and employee
between landlord and tenant; or
(b) Create liability under the workers’ compensation act;
or
(c) Constitute the tenant as an agent of the landlord for
the purposes of **RCW 60.04.010 and 60.04.040.
(5) Any repair work performed under the provisions of
this section shall comply with the requirements imposed by
any applicable code, statute, ordinance, or regulation. A
landlord whose property is damaged because of repairs performed in a negligent manner may recover the actual
damages in an action against the tenant.
(6) Nothing in this section shall prevent the tenant from
agreeing with the landlord to undertake the repairs himself
in return for cash payment or a reasonable reduction in rent,
the agreement thereof to be agreed upon between the parties,
and such agreement does not alter the landlord’s obligations
under this chapter. [1989 c 342 § 5; 1987 c 185 § 35; 1973
1st ex.s. c 207 § 10.]
Reviser’s note: *(1) RCW 59.18.060 was amended by 1991 c 154
§ 2 changing subsection (11) to subsection (12).
**(2) RCW 60.04.010 and 60.04.040 were repealed by 1991 c 281 §
31, effective April 1, 1992.
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
59.18.110 Failure of landlord to carry out duties—
Determination by court or arbitrator—Judgment against
landlord for diminished rental value and repair costs—
Enforcement of judgment—Reduction in rent under
certain conditions. (1) If a court or an arbitrator determines
that:
(a) A landlord has failed to carry out a duty or duties
imposed by RCW 59.18.060; and
(b) A reasonable time has passed for the landlord to
remedy the defective condition following notice to the
landlord in accordance with RCW 59.18.070 or such other
time as may be allotted by the court or arbitrator; the court
or arbitrator may determine the diminution in rental value of
the premises due to the defective condition and shall render
judgment against the landlord for the rent paid in excess of
such diminished rental value from the time of notice of such
defect to the time of decision and any costs of repair done
pursuant to RCW 59.18.100 for which no deduction has been
previously made. Such decisions may be enforced as other
judgments at law and shall be available to the tenant as a
set-off against any existing or subsequent claims of the
landlord.
The court or arbitrator may also authorize the tenant to
make or contract to make further corrective repairs: PROVIDED, That the court specifies a time period in which the
landlord may make such repairs before the tenant may com[Title 59 RCW—page 12]
mence or contract for such repairs: PROVIDED FURTHER,
That such repairs shall not exceed the sum expressed in
dollars representing one month’s rental of the tenant’s unit
in any one calendar year.
(2) The tenant shall not be obligated to pay rent in
excess of the diminished rental value of the premises until
such defect or defects are corrected by the landlord or until
the court or arbitrator determines otherwise. [1973 1st ex.s.
c 207 § 11.]
59.18.115 Substandard and dangerous conditions—
Notice to landlord—Government certification—Escrow
account. (1) The legislature finds that some tenants live in
residences that are substandard and dangerous to their health
and safety and that the repair and deduct remedies of RCW
59.18.100 may not be adequate to remedy substandard and
dangerous conditions. Therefore, an extraordinary remedy
is necessary if the conditions substantially endanger or
impair the health and safety of the tenant.
(2)(a) If a landlord fails to fulfill any substantial
obligation imposed by RCW 59.18.060 that substantially
endangers or impairs the health or safety of a tenant, including (i) structural members that are of insufficient size or
strength to carry imposed loads with safety, (ii) exposure of
the occupants to the weather, (iii) plumbing and sanitation
defects that directly expose the occupants to the risk of
illness or injury, (iv) lack of water, including hot water, (v)
heating or ventilation systems that are not functional or are
hazardous, (vi) defective, hazardous, or missing electrical
wiring or electrical service, (vii) defective or inadequate
exits that increase the risk of injury to occupants, and (viii)
conditions that increase the risk of fire, the tenant shall give
notice in writing to the landlord, specifying the conditions,
acts, omissions, or violations. Such notice shall be sent to
the landlord or to the person or place where rent is normally
paid.
(b) If after receipt of the notice described in (a) of this
subsection the landlord fails to remedy the condition or
conditions within a reasonable amount of time under RCW
59.18.070, the tenant may request that the local government
provide for an inspection of the premises with regard to the
specific condition or conditions that exist as provided in (a)
of this subsection. The local government shall have the
appropriate government official, or may designate a public
or disinterested private person or company capable of conducting the inspection and making the certification, conduct
an inspection of the specific condition or conditions listed by
the tenant, and shall not inspect nor be liable for any other
condition or conditions of the premises. The purpose of this
inspection is to verify, to the best of the inspector’s ability,
whether the tenant’s listed condition or conditions exist and
substantially endanger the tenant’s health or safety under (a)
of this subsection; the inspection is for the purposes of this
private civil remedy, and therefore shall not be related to any
other governmental function such as enforcement of any
code, ordinance, or state law.
(c) The local government or its designee, after receiving
the request from the tenant to conduct an inspection under
this section, shall conduct the inspection and make any
certification within a reasonable amount of time not more
than five days from the date of receipt of the request. The
(2002 Ed.)
Residential Landlord-Tenant Act
local government or its designee may enter the premises at
any reasonable time to do the inspection, provided that he or
she first shall display proper credentials and request entry.
The local government or its designee shall whenever
practicable, taking into consideration the imminence of any
threat to the tenant’s health or safety, give the landlord at
least twenty-four hours notice of the date and time of
inspection and provide the landlord with an opportunity to be
present at the time of the inspection. The landlord shall
have no power or authority to prohibit entry for the inspection.
(d) The local government or its designee shall certify
whether the condition or the conditions specified by the
tenant do exist and do make the premises substantially unfit
for human habitation or can be a substantial risk to the
health and safety of the tenant as described in (a) of this
subsection. The certification shall be provided to the tenant,
and a copy shall be included by the tenant with the notice
sent to the landlord under subsection (3) of this section. The
certification may be appealed to the local board of appeals,
but the appeal shall not delay or preclude the tenant from
proceeding with the escrow under this section.
(e) The tenant shall not be entitled to deposit rent in
escrow pursuant to this section unless the tenant first makes
a good faith determination that he or she is unable to repair
the conditions described in the certification issued pursuant
to subsection (2)(d) of this section through use of the repair
remedies authorized by RCW 59.18.100.
(f) If the local government or its designee certifies that
the condition or conditions specified by the tenant exist, the
tenant shall then either pay the periodic rent due to the
landlord or deposit all periodic rent then called for in the
rental agreement and all rent thereafter called for in the
rental agreement into an escrow account maintained by a
person authorized by law to set up and maintain escrow
accounts, including escrow companies under chapter 18.44
RCW, financial institutions, or attorneys, or with the clerk of
the court of the district or superior court where the property
is located. These depositories are hereinafter referred to as
"escrow." The tenant shall notify the landlord in writing of
the deposit by mailing the notice postage prepaid by first
class mail or by delivering the notice to the landlord promptly but not more than twenty-four hours after the deposit.
(g) This section, when elected as a remedy by the tenant
by sending the notice under subsection (3) of this section,
shall be the exclusive remedy available to the tenant regarding defects described in the certification under subsection
(2)(d) of this section: PROVIDED, That the tenant may
simultaneously commence or pursue an action in an appropriate court, or at arbitration if so agreed, to determine past,
present, or future diminution in rental value of the premises
due to any defective conditions.
(3) The notice to the landlord of the rent escrow under
this section shall be a sworn statement by the tenant in
substantially the following form:
NOTICE TO LANDLORD OF RENT ESCROW
Name of tenant:
Name of landlord:
Name and address of escrow:
Date of deposit of rent into escrow:
Amount of rent deposited into escrow:
(2002 Ed.)
59.18.115
The following condition has been certified by a
local building official to substantially endanger,
impair, or affect the health or safety of a tenant:
That written notice of the conditions needing repair
was provided to the landlord on . . ., and . . . days
have elapsed and the repairs have not been made.
..................
(Sworn Signature)
(4) The escrow shall place all rent deposited in a
separate rent escrow account in the name of the escrow in a
bank or savings and loan association domiciled in this state.
The escrow shall keep in a separate docket an account of
each deposit, with the name and address of the tenant, and
the name and address of the landlord and of the agent, if
any.
(5)(a) A landlord who receives notice that the rent due
has been deposited with an escrow pursuant to subsection (2)
of this section may:
(i) Apply to the escrow for release of the funds after the
local government certifies that the repairs to the conditions
listed in the notice under subsection (3) of this section have
been properly repaired. The escrow shall release the funds
to the landlord less any escrow costs for which the tenant is
entitled to reimbursement pursuant to this section, immediately upon written receipt of the local government certification that the repairs to the conditions listed in the notice
under subsection (3) of this section have been properly
completed.
(ii) File an action with the court and apply to the court
for release of the rent on the grounds that the tenant did not
comply with the notice requirement of subsection (2) or (3)
of this section. Proceedings under this subsection shall be
governed by the time, service, and filing requirements of
RCW 59.18.370 regarding show cause hearings.
(iii) File an action with the court and apply to the court
for release of the rent on the grounds that there was no
violation of any obligation imposed upon the landlord or that
the condition has been remedied.
(iv) This action may be filed in any court having
jurisdiction, including small claims court. If the tenant has
vacated the premises or if the landlord has failed to commence an action with the court for release of the funds
within sixty days after rent is deposited in escrow, the tenant
may file an action to determine how and when any rent
deposited in escrow shall be released or disbursed. The
landlord shall not commence an unlawful detainer action for
nonpayment of rent by serving or filing a summons and
complaint if the tenant initially pays the rent called for in the
rental agreement that is due into escrow as provided for
under this section on or before the date rent is due or on or
before the expiration of a three-day notice to pay rent or
vacate and continues to pay the rent into escrow as the rent
becomes due or prior to the expiration of a three-day notice
to pay rent or vacate; provided that the landlord shall not be
barred from commencing an unlawful detainer action for
nonpayment of rent if the amount of rent that is paid into
escrow is less than the amount of rent agreed upon in the
rental agreement between the parties.
(b) The tenant shall be named as a party to any action
filed by the landlord under this section, and shall have the
right to file an answer and counterclaim, although any
[Title 59 RCW—page 13]
59.18.115
Title 59 RCW: Landlord and Tenant
counterclaim shall be dismissed without prejudice if the
court or arbitrator determines that the tenant failed to follow
the notice requirements contained in this section. Any
counterclaim can only claim diminished rental value related
to conditions specified by the tenant in the notice required
under subsection (3) of this section. This limitation on the
tenant’s right to counterclaim shall not affect the tenant’s
right to bring his or her own separate action. A trial shall be
held within sixty days of the date of filing of the landlord’s
or tenant’s complaint.
(c) The tenant shall be entitled to reimbursement for any
escrow costs or fees incurred for setting up or maintaining
an escrow account pursuant to this section, unless the tenant
did not comply with the notice requirements of subsection
(2) or (3) of this section. Any escrow fees that are incurred
for which the tenant is entitled to reimbursement shall be
deducted from the rent deposited in escrow and remitted to
the tenant at such time as any rent is released to the landlord. The prevailing party in any court action or arbitration
brought under this section may also be awarded its costs and
reasonable attorneys’ fees.
(d) If a court determines a diminished rental value of
the premises, the tenant may pay the rent due based on the
diminished value of the premises into escrow until the
landlord makes the necessary repairs.
(6)(a) If a landlord brings an action for the release of
rent deposited, the court may, upon application of the
landlord, release part of the rent on deposit for payment of
the debt service on the premises, the insurance premiums for
the premises, utility services, and repairs to the rental unit.
(b) In determining whether to release rent for the
payments described in (a) of this subsection, the court shall
consider the amount of rent the landlord receives from other
rental units in the buildings of which the residential premises
are a part, the cost of operating those units, and the costs
which may be required to remedy the condition contained in
the notice. The court shall also consider whether the
expenses are due or have already been paid, whether the
landlord has other financial resources, or whether the
landlord or tenant will suffer irreparable damage. The court
may request the landlord to provide additional security, such
as a bond, prior to authorizing release of any of the funds in
escrow. [1989 c 342 § 16.]
59.18.120 Defective condition—Unfeasible to
remedy defect—Termination of tenancy. If a court or
arbitrator determines a defective condition as described in
RCW 59.18.060 to be so substantial that it is unfeasible for
the landlord to remedy the defect within the time allotted by
RCW 59.18.070, and that the tenant should not remain in the
dwelling unit in its defective condition, the court or arbitrator
may authorize the termination of the tenancy: PROVIDED,
That the court or arbitrator shall set a reasonable time for the
tenant to vacate the premises. [1973 1st ex.s. c 207 § 12.]
59.18.130 Duties of tenant. Each tenant shall pay the
rental amount at such times and in such amounts as provided
for in the rental agreement or as otherwise provided by law
and comply with all obligations imposed upon tenants by
applicable provisions of all municipal, county, and state
[Title 59 RCW—page 14]
codes, statutes, ordinances, and regulations, and in addition
shall:
(1) Keep that part of the premises which he or she
occupies and uses as clean and sanitary as the conditions of
the premises permit;
(2) Properly dispose from his or her dwelling unit all
rubbish, garbage, and other organic or flammable waste, in
a clean and sanitary manner at reasonable and regular
intervals, and assume all costs of extermination and fumigation for infestation caused by the tenant;
(3) Properly use and operate all electrical, gas, heating,
plumbing and other fixtures and appliances supplied by the
landlord;
(4) Not intentionally or negligently destroy, deface,
damage, impair, or remove any part of the structure or
dwelling, with the appurtenances thereto, including the
facilities, equipment, furniture, furnishings, and appliances,
or permit any member of his or her family, invitee, licensee,
or any person acting under his or her control to do so.
Violations may be prosecuted under chapter 9A.48 RCW if
the destruction is intentional and malicious;
(5) Not permit a nuisance or common waste;
(6) Not engage in drug-related activity at the rental
premises, or allow a subtenant, sublessee, resident, or anyone
else to engage in drug-related activity at the rental premises
with the knowledge or consent of the tenant. "Drug-related
activity" means that activity which constitutes a violation of
chapter 69.41, 69.50, or 69.52 RCW;
(7) Maintain the smoke detection device in accordance
with the manufacturer’s recommendations, including the
replacement of batteries where required for the proper
operation of the smoke detection device, as required in RCW
48.48.140(3);
(8) Not engage in any activity at the rental premises that
is:
(a) Imminently hazardous to the physical safety of other
persons on the premises; and
(b)(i) Entails physical assaults upon another person
which result in an arrest; or
(ii) Entails the unlawful use of a firearm or other deadly
weapon as defined in RCW 9A.04.110 which results in an
arrest, including threatening another tenant or the landlord
with a firearm or other deadly weapon under RCW
59.18.352. Nothing in this subsection (8) shall authorize the
termination of tenancy and eviction of the victim of a
physical assault or the victim of the use or threatened use of
a firearm or other deadly weapon;
(9) Not engage in any gang-related activity at the
premises, as defined in RCW 59.18.030, or allow another to
engage in such activity at the premises, that renders people
in at least two or more dwelling units or residences insecure
in life or the use of property or that injures or endangers the
safety or health of people in at least two or more dwelling
units or residences. In determining whether a tenant is
engaged in gang-related activity, a court should consider the
totality of the circumstances, including factors such as
whether there have been a significant number of complaints
to the landlord about the tenant’s activities at the property,
damages done by the tenant to the property, including the
property of other tenants or neighbors, harassment or threats
made by the tenant to other tenants or neighbors that have
been reported to law enforcement agencies, any police
(2002 Ed.)
Residential Landlord-Tenant Act
incident reports involving the tenant, and the tenant’s
criminal history; and
(10) Upon termination and vacation, restore the premises
to their initial condition except for reasonable wear and tear
or conditions caused by failure of the landlord to comply
with his or her obligations under this chapter: PROVIDED,
That the tenant shall not be charged for normal cleaning if
he or she has paid a nonrefundable cleaning fee. [1998 c
276 § 2; 1992 c 38 § 2; 1991 c 154 § 3; 1988 c 150 § 2;
1983 c 264 § 3; 1973 1st ex.s. c 207 § 13.]
Intent—Effective date—1992 c 38: See notes following RCW
59.18.352.
Legislative findings—1988 c 150: "The legislature finds that the
illegal use, sale, and manufacture of drugs and other drug-related activities
is a statewide problem. Innocent persons, especially children, who come
into contact with illegal drug-related activity within their own neighborhoods are seriously and adversely affected. Rental property is damaged and
devalued by drug activities. The legislature further finds that a rapid and
efficient response is necessary to: (1) Lessen the occurrence of drug-related
enterprises; (2) reduce the drug use and trafficking problems within this
state; and (3) reduce the damage caused to persons and property by drug
activity. The legislature finds that it is beneficial to rental property owners
and to the public to permit landlords to quickly and efficiently evict persons
who engage in drug-related activities at rented premises." [1988 c 150 § 1.]
Severability—1988 c 150: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 150 § 15.]
59.18.140 Reasonable obligations or restrictions—
Tenant’s duty to conform. The tenant shall conform to all
reasonable obligations or restrictions, whether denominated
by the landlord as rules, rental agreement, rent, or otherwise,
concerning the use, occupation, and maintenance of his
dwelling unit, appurtenances thereto, and the property of
which the dwelling unit is a part if such obligations and
restrictions are not in violation of any of the terms of this
chapter and are not otherwise contrary to law, and if such
obligations and restrictions are brought to the attention of the
tenant at the time of his initial occupancy of the dwelling
unit and thus become part of the rental agreement. Except
for termination of tenancy, after thirty days written notice to
each affected tenant, a new rule of tenancy including a
change in the amount of rent may become effective upon
completion of the term of the rental agreement or sooner
upon mutual consent. [1989 c 342 § 6; 1973 1st ex.s. c 207
§ 14.]
59.18.150 Landlord’s right of entry—Purposes—
Searches by fire officials—Conditions. (1) The tenant
shall not unreasonably withhold consent to the landlord to
enter into the dwelling unit in order to inspect the premises,
make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the
dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
(2) Upon written notice of intent to seek a search
warrant, when a tenant or landlord denies a fire official the
right to search a dwelling unit, a fire official may immediately seek a search warrant and, upon a showing of probable
cause specific to the dwelling unit sought to be searched that
criminal fire code violations exist in the dwelling unit, a
court of competent jurisdiction shall issue a warrant allowing
a search of the dwelling unit.
(2002 Ed.)
59.18.130
Upon written notice of intent to seek a search warrant,
when a landlord denies a fire official the right to search the
common areas of the rental building other than the dwelling
unit, a fire official may immediately seek a search warrant
and, upon a showing of probable cause specific to the
common area sought to be searched that a criminal fire code
violation exists in those areas, a court of competent jurisdiction shall issue a warrant allowing a search of the common
areas in which the violation is alleged.
The superior court and courts of limited jurisdiction
organized under Titles 3, 35, and 35A RCW have jurisdiction to issue such search warrants. Evidence obtained
pursuant to any such search may be used in a civil or
administrative enforcement action.
(3) As used in this section:
(a) "Common areas" means a common area or those
areas that contain electrical, plumbing, and mechanical
equipment and facilities used for the operation of the rental
building.
(b) "Fire official" means any fire official authorized to
enforce the state or local fire code.
(4) The landlord may enter the dwelling unit without
consent of the tenant in case of emergency or abandonment.
(5) The landlord shall not abuse the right of access or
use it to harass the tenant. Except in the case of emergency
or if it is impracticable to do so, the landlord shall give the
tenant at least two days’ notice of his or her intent to enter
and shall enter only at reasonable times. The tenant shall
not unreasonably withhold consent to the landlord to enter
the dwelling unit at a specified time where the landlord has
given at least one day’s notice of intent to enter to exhibit
the dwelling unit to prospective or actual purchasers or
tenants. A landlord shall not unreasonably interfere with a
tenant’s enjoyment of the rented dwelling unit by excessively
exhibiting the dwelling unit.
(6) The landlord has no other right of access except by
court order, arbitrator or by consent of the tenant.
(7) A landlord or tenant who continues to violate the
rights of the tenant or landlord with respect to the duties
imposed on the other as set forth in this section after being
served with one written notification alleging in good faith
violations of this section listing the date and time of the
violation shall be liable for up to one hundred dollars for
each violation after receipt of the notice. The prevailing
landlord or tenant may recover costs of the suit or arbitration
under this section, and may also recover reasonable
attorneys’ fees.
(8) Nothing in this section is intended to abrogate or
modify in any way any common law right or privilege.
[2002 c 263 § 1. Prior: 1989 c 342 § 7; 1989 c 12 § 18;
1973 1st ex.s. c 207 § 15.]
59.18.160 Landlord’s remedies if tenant fails to
remedy defective condition. If, after receipt of written
notice, as provided in RCW 59.18.170, the tenant fails to
remedy the defective condition within a reasonable time, the
landlord may:
(1) Bring an action in an appropriate court, or at arbitration if so agreed for any remedy provided under this chapter
or otherwise provided by law; or
[Title 59 RCW—page 15]
59.18.160
Title 59 RCW: Landlord and Tenant
(2) Pursue other remedies available under this chapter.
[1973 1st ex.s. c 207 § 16.]
59.18.170 Landlord to give notice if tenant fails to
carry out duties. If at any time during the tenancy the
tenant fails to carry out the duties required by RCW
59.18.130 or 59.18.140, the landlord may, in addition to
pursuit of remedies otherwise provided by law, give written
notice to the tenant of said failure, which notice shall specify
the nature of the failure. [1973 1st ex.s. c 207 § 17.]
59.18.180 Tenant’s failure to comply with statutory
duties—Landlord to give tenant written notice of noncompliance—Landlord’s remedies. (1) If the tenant fails
to comply with any portion of RCW 59.18.130 or 59.18.140,
and such noncompliance can substantially affect the health
and safety of the tenant or other tenants, or substantially
increase the hazards of fire or accident that can be remedied
by repair, replacement of a damaged item, or cleaning, the
tenant shall comply within thirty days after written notice by
the landlord specifying the noncompliance, or, in the case of
emergency as promptly as conditions require. If the tenant
fails to remedy the noncompliance within that period the
landlord may enter the dwelling unit and cause the work to
be done and submit an itemized bill of the actual and
reasonable cost of repair, to be payable on the next date
when periodic rent is due, or on terms mutually agreed to by
the landlord and tenant, or immediately if the rental agreement has terminated. Any substantial noncompliance by the
tenant of RCW 59.18.130 or 59.18.140 shall constitute a
ground for commencing an action in unlawful detainer in
accordance with the provisions of chapter 59.12 RCW, and
a landlord may commence such action at any time after
written notice pursuant to such chapter. The tenant shall
have a defense to an unlawful detainer action filed solely on
this ground if it is determined at the hearing authorized
under the provisions of chapter 59.12 RCW that the tenant
is in substantial compliance with the provisions of this
section, or if the tenant remedies the noncomplying condition
within the thirty day period provided for above or any
shorter period determined at the hearing to have been
required because of an emergency: PROVIDED, That if the
defective condition is remedied after the commencement of
an unlawful detainer action, the tenant may be liable to the
landlord for statutory costs and reasonable attorney’s fees.
(2) If drug-related activity is alleged to be a basis for
termination of tenancy under RCW 59.18.130(6),
59.12.030(5), or 59.20.140(5), the compliance provisions of
this section do not apply and the landlord may proceed directly to an unlawful detainer action.
(3) If activity on the premises that creates an imminent
hazard to the physical safety of other persons on the premises as defined in RCW 59.18.130(8) is alleged to be the basis
for termination of the tenancy, and the tenant is arrested as
a result of this activity, then the compliance provisions of
this section do not apply and the landlord may proceed
directly to an unlawful detainer action against the tenant who
was arrested for this activity.
(4) If gang-related activity, as prohibited under RCW
59.18.130(9), is alleged to be the basis for termination of the
tenancy, then the compliance provisions of this section do
[Title 59 RCW—page 16]
not apply and the landlord may proceed directly to an
unlawful detainer action in accordance with chapter 59.12
RCW, and a landlord may commence such an action at any
time after written notice under chapter 59.12 RCW.
(5) A landlord may not be held liable in any cause of
action for bringing an unlawful detainer action against a
tenant for drug-related activity, for creating an imminent
hazard to the physical safety of others, or for engaging in
gang-related activity that renders people in at least two or
more dwelling units or residences insecure in life or the use
of property or that injures or endangers the safety or health
of people in at least two or more dwelling units or residences under this section, if the unlawful detainer action was
brought in good faith. Nothing in this section shall affect a
landlord’s liability under RCW 59.18.380 to pay all damages
sustained by the tenant should the writ of restitution be
wrongfully sued out. [1998 c 276 § 3; 1992 c 38 § 3; 1988
c 150 § 7; 1973 1st ex.s. c 207 § 18.]
Intent—Effective date—1992 c 38: See notes following RCW
59.18.352.
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
59.18.190
Notice to tenant to remedy
nonconformance. Whenever the landlord learns of a breach
of RCW 59.18.130 or has accepted performance by the
tenant which is at variance with the terms of the rental
agreement or rules enforceable after the commencement of
the tenancy, he may immediately give notice to the tenant to
remedy the nonconformance. Said notice shall expire after
sixty days unless the landlord pursues any remedy under this
chapter. [1973 1st ex.s. c 207 § 19.]
59.18.200 Tenancy from month to month or for
rental period—Termination—Exclusion of children or
conversion to condominium—Notice. (1) When premises
are rented for an indefinite time, with monthly or other
periodic rent reserved, such tenancy shall be construed to be
a tenancy from month to month, or from period to period on
which rent is payable, and shall be terminated by written
notice of twenty days or more, preceding the end of any of
said months or periods, given by either party to the other.
(2) Whenever a landlord plans to change any apartment
or apartments to a condominium form of ownership or plans
to change to a policy of excluding children, the landlord
shall give a written notice to a tenant at least ninety days
before termination of the tenancy to effectuate such change
in policy. Such ninety-day notice shall be in lieu of the
notice required by subsection (1) of this section: PROVIDED, That if after giving the ninety-day notice the change in
policy is delayed, the notice requirements of subsection (1)
of this section shall apply unless waived by the tenant.
[1979 ex.s. c 70 § 1; 1973 1st ex.s. c 207 § 20.]
Unlawful detainer, notice requirement: RCW 59.12.030(2).
59.18.210 Tenancies from year to year except under
written contract. Tenancies from year to year are hereby
abolished except when the same are created by express
written contract. Leases may be in writing or print, or partly
in writing and partly in print, and shall be legal and valid for
(2002 Ed.)
Residential Landlord-Tenant Act
any term or period not exceeding one year, without acknowledgment, witnesses or seals. [1973 1st ex.s. c 207 § 21.]
59.18.220 Termination of tenancy for a specified
time. In all cases where premises are rented for a specified
time, by express or implied contract, the tenancy shall be
deemed terminated at the end of such specified time. [1973
1st ex.s. c 207 § 22.]
59.18.230 Waiver of chapter provisions prohibited—Provisions prohibited from rental agreement—
Distress for rent abolished—Detention of personal
property for rent—Remedies. (1) Any provision of a lease
or other agreement, whether oral or written, whereby any
section or subsection of this chapter is waived except as
provided in RCW 59.18.360 and shall be deemed against
public policy and shall be unenforceable. Such
unenforceability shall not affect other provisions of the
agreement which can be given effect without them.
(2) No rental agreement may provide that the tenant:
(a) Agrees to waive or to forego rights or remedies
under this chapter; or
(b) Authorizes any person to confess judgment on a
claim arising out of the rental agreement; or
(c) Agrees to pay the landlord’s attorney’s fees, except
as authorized in this chapter; or
(d) Agrees to the exculpation or limitation of any
liability of the landlord arising under law or to indemnify the
landlord for that liability or the costs connected therewith; or
(e) And landlord have agreed to a particular arbitrator
at the time the rental agreement is entered into.
(3) A provision prohibited by subsection (2) of this
section included in a rental agreement is unenforceable. If
a landlord deliberately uses a rental agreement containing
provisions known by him to be prohibited, the tenant may
recover actual damages sustained by him and reasonable
attorney’s fees.
(4) The common law right of the landlord of distress for
rent is hereby abolished for property covered by this chapter.
Any provision in a rental agreement creating a lien upon the
personal property of the tenant or authorizing a distress for
rent is null and void and of no force and effect. Any
landlord who takes or detains the personal property of a
tenant without the specific written consent of the tenant to
such incident of taking or detention, and who, after written
demand by the tenant for the return of his personal property,
refuses to return the same promptly shall be liable to the
tenant for the value of the property retained, actual damages,
and if the refusal is intentional, may also be liable for
damages of up to one hundred dollars per day but not to
exceed one thousand dollars, for each day or part of a day
that the tenant is deprived of his property. The prevailing
party may recover his costs of suit and a reasonable
attorney’s fee.
In any action, including actions pursuant to chapters
7.64 or 12.28 RCW, brought by a tenant or other person to
recover possession of his personal property taken or detained
by a landlord in violation of this section, the court, upon
motion and after notice to the opposing parties, may waive
or reduce any bond requirements where it appears to be to
the satisfaction of the court that the moving party is proceed(2002 Ed.)
59.18.210
ing in good faith and has, prima facie, a meritorious claim
for immediate delivery or redelivery of said property. [1989
c 342 § 8; 1983 c 264 § 4; 1973 1st ex.s. c 207 § 23.]
59.18.240 Reprisals or retaliatory actions by
landlord—Prohibited. So long as the tenant is in compliance with this chapter, the landlord shall not take or threaten
to take reprisals or retaliatory action against the tenant
because of any good faith and lawful:
(1) Complaints or reports by the tenant to a governmental authority concerning the failure of the landlord to
substantially comply with any code, statute, ordinance, or
regulation governing the maintenance or operation of the
premises, if such condition may endanger or impair the
health or safety of the tenant; or
(2) Assertions or enforcement by the tenant of his rights
and remedies under this chapter.
"Reprisal or retaliatory action" shall mean and include
but not be limited to any of the following actions by the
landlord when such actions are intended primarily to retaliate
against a tenant because of the tenant’s good faith and lawful
act:
(a) Eviction of the tenant;
(b) Increasing the rent required of the tenant;
(c) Reduction of services to the tenant; and
(d) Increasing the obligations of the tenant. [1983 c 264
§ 9; 1973 1st ex.s. c 207 § 24.]
59.18.250 Reprisals or retaliatory actions by
landlord—Presumptions—Rebuttal—Costs. Initiation by
the landlord of any action listed in RCW 59.18.240 within
ninety days after a good faith and lawful act by the tenant as
enumerated in RCW 59.18.240, or within ninety days after
any inspection or proceeding of a governmental agency
resulting from such act, shall create a rebuttable presumption
affecting the burden of proof, that the action is a reprisal or
retaliatory action against the tenant: PROVIDED, That if at
the time the landlord gives notice of termination of tenancy
pursuant to chapter 59.12 RCW the tenant is in arrears in
rent or in breach of any other lease or rental obligation, there
is a rebuttable presumption affecting the burden of proof that
the landlord’s action is neither a reprisal nor retaliatory
action against the tenant: PROVIDED FURTHER, That if
the court finds that the tenant made a complaint or report to
a governmental authority within ninety days after notice of
a proposed increase in rent or other action in good faith by
the landlord, there is a rebuttable presumption that the
complaint or report was not made in good faith: PROVIDED FURTHER, That no presumption against the landlord
shall arise under this section, with respect to an increase in
rent, if the landlord, in a notice to the tenant of increase in
rent, specifies reasonable grounds for said increase, which
grounds may include a substantial increase in market value
due to remedial action under this chapter: PROVIDED
FURTHER, That the presumption of retaliation, with respect
to an eviction, may be rebutted by evidence that it is not
practical to make necessary repairs while the tenant remains
in occupancy. In any action or eviction proceeding where
the tenant prevails upon his claim or defense that the
landlord has violated this section, the tenant shall be entitled
to recover his costs of suit or arbitration, including a reason[Title 59 RCW—page 17]
59.18.250
Title 59 RCW: Landlord and Tenant
able attorney’s fee, and where the landlord prevails upon his
claim he shall be entitled to recover his costs of suit or
arbitration, including a reasonable attorney’s fee: PROVIDED FURTHER, That neither party may recover attorney’s
fees to the extent that their legal services are provided at no
cost to them. [1983 c 264 § 10; 1973 1st ex.s. c 207 § 25.]
59.18.253 Deposit to secure occupancy by tenant—
Landlord’s duties—Violation. (1) It shall be unlawful for
a landlord to require a fee from a prospective tenant for the
privilege of being placed on a waiting list to be considered
as a tenant for a dwelling unit.
(2) A landlord who charges a prospective tenant a fee
or deposit to secure that the prospective tenant will move
into a dwelling unit, after the dwelling unit has been offered
to the prospective tenant, must provide the prospective tenant
with a receipt for the fee or deposit, together with a written
statement of the conditions, if any, under which the fee or
deposit is refundable. If the prospective tenant does occupy
the dwelling unit, then the landlord must credit the amount
of the fee or deposit to the tenant’s first month’s rent or to
the tenant’s security deposit. If the prospective tenant does
not occupy the dwelling unit, then the landlord may keep up
to the full amount of any fee or deposit that was paid by the
prospective tenant to secure the tenancy, so long as it is in
accordance with the written statement of conditions furnished
to the prospective tenant at the time the fee or deposit was
charged. A fee charged to secure a tenancy under this
subsection does not include any cost charged by a landlord
to use a tenant screening service or obtain background
information on a prospective tenant.
(3) In any action brought for a violation of this section
a landlord may be liable for the amount of the fee or deposit
charged. In addition, any landlord who violates this section
may be liable to the prospective tenant for an amount not to
exceed one hundred dollars. The prevailing party may also
recover court costs and a reasonable attorneys’ fee. [1991
c 194 § 2.]
Findings—1991 c 194: "The legislature finds that tenant application
fees often have the effect of excluding low-income people from applying for
housing because many low-income people cannot afford these fees in
addition to the rent and other deposits which may be required. The
legislature further finds that application fees are frequently not returned to
unsuccessful applicants for housing, which creates a hardship on lowincome people. The legislature therefore finds and declares that it is the
policy of the state that certain tenant application fees should be prohibited
and guidelines should be established for the imposition of other tenant
application fees.
The legislature also finds that it is important to both landlords and
tenants that consumer information concerning prospective tenants is
accurate. Many tenants are unaware of their rights under federal fair credit
reporting laws to dispute information that may be inaccurate. The
legislature therefore finds and declares that it is the policy of the state for
prospective tenants to be informed of their rights to dispute information they
feel is inaccurate in order to help prevent denials of housing based upon
incorrect information." [1991 c 194 § 1.]
59.18.257 Screening of tenants—Costs—Notice to
tenant—Violation. (1) If a landlord uses a tenant screening
service, then the landlord may only charge for the costs
incurred for using the tenant screening service under this
section. If a landlord conducts his or her own screening of
tenants, then the landlord may charge his or her actual costs
in obtaining the background information, but the amount
[Title 59 RCW—page 18]
may not exceed the customary costs charged by a screening
service in the general area. The landlord’s actual costs
include costs incurred for long distance phone calls and for
time spent calling landlords, employers, and financial
institutions.
(2) A landlord may not charge a prospective tenant for
the cost of obtaining background information under this
section unless the landlord first notifies the prospective
tenant in writing of what a tenant screening entails, the
prospective tenant’s rights to dispute the accuracy of
information provided by the tenant screening service or
provided by the entities listed on the tenant application who
will be contacted for information concerning the tenant, and
the name and address of the tenant screening service used by
the landlord.
(3) Nothing in this section requires a landlord to
disclose information to a prospective tenant that was obtained from a tenant screening service or from entities listed
on the tenant application which is not required under the
federal fair credit reporting act, 15 U.S.C. Sec. 1681 et seq.
(4) Any landlord who violates this section may be liable
to the prospective tenant for an amount not to exceed one
hundred dollars. The prevailing party may also recover
court costs and reasonable attorneys’ fees. [1991 c 194 § 3.]
Findings—1991 c 194: See note following RCW 59.18.253.
59.18.260 Moneys paid as deposit or security for
performance by tenant—Written rental agreement to
specify terms and conditions for retention by landlord—
Written checklist required. If any moneys are paid to the
landlord by the tenant as a deposit or as security for performance of the tenant’s obligations in a lease or rental agreement, the lease or rental agreement shall be in writing and
shall include the terms and conditions under which the
deposit or portion thereof may be withheld by the landlord
upon termination of the lease or rental agreement. If all or
part of the deposit may be withheld to indemnify the
landlord for damages to the premises for which the tenant is
responsible, the rental agreement shall be in writing and shall
so specify. No deposit may be collected by a landlord
unless the rental agreement is in writing and a written
checklist or statement specifically describing the condition
and cleanliness of or existing damages to the premises and
furnishings, including, but not limited to, walls, floors,
countertops, carpets, drapes, furniture, and appliances, is
provided by the landlord to the tenant at the commencement
of the tenancy. The checklist or statement shall be signed
and dated by the landlord and the tenant, and the tenant shall
be provided with a copy of the signed checklist or statement.
No such deposit shall be withheld on account of normal
wear and tear resulting from ordinary use of the premises.
[1983 c 264 § 6; 1973 1st ex.s. c 207 § 26.]
59.18.270 Moneys paid as deposit or security for
performance by tenant—Deposit by landlord in trust
account—Receipt—Claims. All moneys paid to the
landlord by the tenant as a deposit as security for performance of the tenant’s obligations in a lease or rental agreement shall promptly be deposited by the landlord in a trust
account, maintained by the landlord for the purpose of
holding such security deposits for tenants of the landlord, in
(2002 Ed.)
Residential Landlord-Tenant Act
a bank, savings and loan association, mutual savings bank,
or licensed escrow agent located in Washington. Unless
otherwise agreed in writing, the landlord shall be entitled to
receipt of interest paid on such trust account deposits. The
landlord shall provide the tenant with a written receipt for
the deposit and shall provide written notice of the name and
address and location of the depository and any subsequent
change thereof. If during a tenancy the status of landlord is
transferred to another, any sums in the deposit trust account
affected by such transfer shall simultaneously be transferred
to an equivalent trust account of the successor landlord, and
the successor landlord shall promptly notify the tenant of the
transfer and of the name, address and location of the new
depository. The tenant’s claim to any moneys paid under
this section shall be prior to that of any creditor of the
landlord, including a trustee in bankruptcy or receiver, even
if such moneys are commingled. [1975 1st ex.s. c 233 § 1;
1973 1st ex.s. c 207 § 27.]
59.18.280 Moneys paid as deposit or security for
performance by tenant—Statement and notice of basis
for retention—Remedies for landlord’s failure to make
refund. Within fourteen days after the termination of the
rental agreement and vacation of the premises or, if the
tenant abandons the premises as defined in RCW 59.18.310,
within fourteen days after the landlord learns of the abandonment, the landlord shall give a full and specific statement of
the basis for retaining any of the deposit together with the
payment of any refund due the tenant under the terms and
conditions of the rental agreement. No portion of any deposit shall be withheld on account of wear resulting from
ordinary use of the premises. The landlord complies with
this section if the required statement or payment, or both, are
deposited in the United States mail properly addressed with
first class postage prepaid within the fourteen days.
The notice shall be delivered to the tenant personally or
by mail to his last known address. If the landlord fails to
give such statement together with any refund due the tenant
within the time limits specified above he shall be liable to
the tenant for the full amount of the deposit. The landlord
is also barred in any action brought by the tenant to recover
the deposit from asserting any claim or raising any defense
for retaining any of the deposit unless the landlord shows
that circumstances beyond the landlord’s control prevented
the landlord from providing the statement within the fourteen
days or that the tenant abandoned the premises as defined in
RCW 59.18.310. The court may in its discretion award up
to two times the amount of the deposit for the intentional
refusal of the landlord to give the statement or refund due.
In any action brought by the tenant to recover the deposit,
the prevailing party shall additionally be entitled to the cost
of suit or arbitration including a reasonable attorney’s fee.
Nothing in this chapter shall preclude the landlord from
proceeding against, and the landlord shall have the right to
proceed against a tenant to recover sums exceeding the
amount of the tenant’s damage or security deposit for
damage to the property for which the tenant is responsible
together with reasonable attorney’s fees. [1989 c 342 § 9;
1983 c 264 § 7; 1973 1st ex.s. c 207 § 28.]
(2002 Ed.)
59.18.270
59.18.285 Nonrefundable fees not to be designated
as deposit—Written rental agreement required. No
moneys paid to the landlord which are nonrefundable may be
designated as a deposit or as part of any deposit. If any
moneys are paid to the landlord as a nonrefundable fee, the
rental agreement shall be in writing and shall clearly specify
that the fee is nonrefundable. [1983 c 264 § 5.]
59.18.290 Removal or exclusion of tenant from
premises—Holding over or excluding landlord from
premises after termination date. (1) It shall be unlawful
for the landlord to remove or exclude from the premises the
tenant thereof except under a court order so authorizing.
Any tenant so removed or excluded in violation of this
section may recover possession of the property or terminate
the rental agreement and, in either case, may recover the
actual damages sustained. The prevailing party may recover
the costs of suit or arbitration and reasonable attorney’s fees.
(2) It shall be unlawful for the tenant to hold over in the
premises or exclude the landlord therefrom after the termination of the rental agreement except under a valid court order
so authorizing. Any landlord so deprived of possession of
premises in violation of this section may recover possession
of the property and damages sustained by him, and the
prevailing party may recover his costs of suit or arbitration
and reasonable attorney’s fees. [1973 1st ex.s. c 207 § 29.]
59.18.300 Termination of tenant’s utility services—
Tenant causing loss of landlord provided utility services.
It shall be unlawful for a landlord to intentionally cause
termination of any of his tenant’s utility services, including
water, heat, electricity, or gas, except for an interruption of
utility services for a reasonable time in order to make necessary repairs. Any landlord who violates this section may be
liable to such tenant for his actual damages sustained by
him, and up to one hundred dollars for each day or part
thereof the tenant is thereby deprived of any utility service,
and the prevailing party may recover his costs of suit or
arbitration and a reasonable attorney’s fee. It shall be
unlawful for a tenant to intentionally cause the loss of utility
services provided by the landlord, including water, heat,
electricity or gas, excepting as resulting from the normal
occupancy of the premises. [1973 1st ex.s. c 207 § 30.]
59.18.310 Default in rent—Abandonment—Liability
of tenant—Landlord’s remedies—Sale of tenant’s property by landlord. If the tenant defaults in the payment of rent
and reasonably indicates by words or actions the intention
not to resume tenancy, the tenant shall be liable for the
following for such abandonment: PROVIDED, That upon
learning of such abandonment of the premises the landlord
shall make a reasonable effort to mitigate the damages
resulting from such abandonment:
(1) When the tenancy is month-to-month, the tenant
shall be liable for the rent for the thirty days following either
the date the landlord learns of the abandonment, or the date
the next regular rental payment would have become due,
whichever first occurs.
(2) When the tenancy is for a term greater than monthto-month, the tenant shall be liable for the lesser of the
following:
[Title 59 RCW—page 19]
59.18.310
Title 59 RCW: Landlord and Tenant
(a) The entire rent due for the remainder of the term; or
(b) All rent accrued during the period reasonably
necessary to rerent the premises at a fair rental, plus the
difference between such fair rental and the rent agreed to in
the prior agreement, plus actual costs incurred by the
landlord in rerenting the premises together with statutory
court costs and reasonable attorney’s fees.
In the event of such abandonment of tenancy and an
accompanying default in the payment of rent by the tenant,
the landlord may immediately enter and take possession of
any property of the tenant found on the premises and may
store the same in any reasonably secure place. A landlord
shall make reasonable efforts to provide the tenant with a
notice containing the name and address of the landlord and
the place where the property is stored and informing the
tenant that a sale or disposition of the property shall take
place pursuant to this section, and the date of the sale or
disposal, and further informing the tenant of the right under
RCW 59.18.230 to have the property returned prior to its
sale or disposal. The landlord’s efforts at notice under this
subsection shall be satisfied by the mailing by first class
mail, postage prepaid, of such notice to the tenant’s last
known address and to any other address provided in writing
by the tenant or actually known to the landlord where the
tenant might receive the notice. The landlord shall return the
property to the tenant after the tenant has paid the actual or
reasonable drayage and storage costs whichever is less if the
tenant makes a written request for the return of the property
before the landlord has sold or disposed of the property.
After forty-five days from the date the notice of such sale or
disposal is mailed or personally delivered to the tenant, the
landlord may sell or dispose of such property, including
personal papers, family pictures, and keepsakes. The landlord may apply any income derived therefrom against
moneys due the landlord, including actual or reasonable costs
whichever is less of drayage and storage of the property. If
the property has a cumulative value of fifty dollars or less,
the landlord may sell or dispose of the property in the
manner provided in this section, except for personal papers,
family pictures, and keepsakes, after seven days from the
date the notice of sale or disposal is mailed or personally
delivered to the tenant: PROVIDED, That the landlord shall
make reasonable efforts, as defined in this section, to notify
the tenant. Any excess income derived from the sale of such
property under this section shall be held by the landlord for
the benefit of the tenant for a period of one year from the
date of sale, and if no claim is made or action commenced
by the tenant for the recovery thereof prior to the expiration
of that period of time, the balance shall be the property of
the landlord, including any interest paid on the income.
[1991 c 220 § 1; 1989 c 342 § 10; 1983 c 264 § 8; 1973 1st
ex.s. c 207 § 31.]
59.18.312 Writ of restitution—Storage and sale of
tenant’s property—Use of proceeds from sale. (1) A
landlord may, upon the execution of a writ of restitution by
the sheriff, enter and take possession of any property of the
tenant found on the premises and store the property in any
reasonably secure place. If, however, the tenant or the
tenant’s representative objects to the storage of the property,
the property shall be deposited upon the nearest public
[Title 59 RCW—page 20]
property and may not be moved and stored by the landlord.
If the tenant is not present at the time the writ of restitution
is executed, it shall be presumed that the tenant does not
object to the storage of the property as provided in this section. RCW 59.18.310 shall apply to the moving and storage
of a tenant’s property when the premises are abandoned by
the tenant.
(2) Property moved and stored under this section shall
be returned to the tenant after the tenant has paid the actual
or reasonable drayage and storage costs, whichever is less,
or until it is sold or disposed of by the landlord in accordance with subsection (3) of this section.
(3) Prior to the sale or disposal of property stored
pursuant to this section with a cumulative value of over fifty
dollars, the landlord shall notify the tenant of the pending
sale or disposal. After forty-five days from the date the
notice of the sale or disposal is mailed or personally delivered to the tenant, the landlord may sell or dispose of the
property, including personal papers, family pictures, and
keepsakes.
If the property that is being stored has a cumulative
value of fifty dollars or less, then the landlord may sell or
dispose of the property in the manner provided in this
section, except for personal papers, family pictures, and
keepsakes. Prior to the sale or disposal of property stored
pursuant to this section with a cumulative value of fifty
dollars or less, the landlord shall notify the tenant of the
pending sale or disposal. The notice shall either be mailed
or personally delivered to the tenant. After seven days from
the date the notice is mailed or delivered to the tenant, the
landlord may sell or dispose of the property.
The landlord may apply any income derived from the
sale of the tenant’s property against moneys due the landlord
for drayage and storage of the property. The amount of sale
proceeds that the landlord may apply towards such costs may
not exceed the actual or reasonable costs for drayage and
storage of the property, whichever is less. Any excess
income derived from the sale of such property shall be held
by the landlord for the benefit of the tenant for a period of
one year from the date of the sale. If no claim is made or
action commenced by the tenant for the recovery of the
excess income prior to the expiration of that period of time,
then the balance shall be treated as abandoned property and
deposited by the landlord with the department of revenue
pursuant to chapter 63.29 RCW.
(4) Nothing in this section shall be construed as creating
a right of distress for rent.
(5) When serving a tenant with a writ of restitution
pursuant to RCW 59.12.100 and 59.18.410, the sheriff shall
provide written notice to the tenant that: (a) Upon execution
of the writ, the landlord may store the tenant’s property; (b)
if the property is stored, it may not be returned to the tenant
unless the tenant pays the actual or reasonable costs of
drayage and storage, whichever is less; (c) if the tenant
objects to storage of the property, it will not be stored but
will be placed on the nearest public property; and (d) if the
tenant is not present at the time of the execution of the writ,
it shall be presumed the tenant does not object to storage of
the property. [1992 c 38 § 8.]
Intent—Effective date—1992 c 38: See notes following RCW
59.18.352.
(2002 Ed.)
Residential Landlord-Tenant Act
59.18.315 Mediation of disputes by independent
third party. The landlord and tenant may agree in writing
to submit any dispute arising under the provisions of this
chapter or under the terms, conditions, or performance of the
rental agreement, to mediation by an independent third party.
The parties may agree to submit any dispute to mediation
before exercising their right to arbitration under RCW
59.18.320. [1983 c 264 § 11.]
59.18.320 Arbitration—Authorized—Exceptions—
Notice—Procedure. (1) The landlord and tenant may agree,
in writing, except as provided in RCW 59.18.230(2)(e), to
submit to arbitration, in conformity with the provisions of
this section, any controversy arising under the provisions of
this chapter, except the following:
(a) Controversies regarding the existence of defects
covered in subsections (1) and (2) of RCW 59.18.070:
PROVIDED, That this exception shall apply only before the
implementation of any remedy by the tenant;
(b) Any situation where court action has been started by
either landlord or tenant to enforce rights under this chapter;
when the court action substantially affects the controversy,
including but not limited to:
(i) Court action pursuant to subsections (2) and (3) of
RCW 59.18.090 and subsections (1) and (2) of RCW
59.18.160; and
(ii) Any unlawful detainer action filed by the landlord
pursuant to chapter 59.12 RCW.
(2) The party initiating arbitration under subsection (1)
of this section shall give reasonable notice to the other party
or parties.
(3) Except as otherwise provided in this section, the
arbitration process shall be administered by any arbitrator
agreed upon by the parties at the time the dispute arises:
PROVIDED, That the procedures shall comply with the requirements of chapter 7.04 RCW (relating to arbitration) and
of this chapter. [1973 1st ex.s. c 207 § 32.]
59.18.330 Arbitration—Application—Hearings—
Decisions. (1) Unless otherwise mutually agreed to, in the
event a controversy arises under RCW 59.18.320 the
landlord or tenant, or both, shall complete an application for
arbitration and deliver it to the selected arbitrator.
(2) The arbitrator so designated shall schedule a hearing
to be held no later than ten days following receipt of notice
of the controversy, except as provided in RCW 59.18.350.
(3) The arbitrator shall conduct public or private
hearings. Reasonable notice of such hearings shall be given
to the parties, who shall appear and be heard either in person
or by counsel or other representative. Hearings shall be
informal and the rules of evidence prevailing in judicial
proceedings shall not be binding. A recording of the
proceedings may be taken. Any oral or documentary
evidence and other data deemed relevant by the arbitrator
may be received in evidence. The arbitrator shall have the
power to administer oaths, to issue subpoenas, to require the
attendance of witnesses and the production of such books,
papers, contracts, agreements, and documents as may be
deemed by the arbitrator material to a just determination of
the issues in dispute. If any person refuses to obey such
subpoena or refuses to be sworn to testify, or any witness,
(2002 Ed.)
59.18.315
party, or attorney is guilty of any contempt while in attendance at any hearing held hereunder, the arbitrator may
invoke the jurisdiction of any superior court, and such court
shall have jurisdiction to issue an appropriate order. A
failure to obey such order may be punished by the court as
a contempt thereof.
(4) Within five days after conclusion of the hearing, the
arbitrator shall make a written decision upon the issues
presented, a copy of which shall be mailed by certified mail
or otherwise delivered to the parties or their designated
representatives. The determination of the dispute made by
the arbitrator shall be final and binding upon both parties.
(5) If a defective condition exists which affects more
than one dwelling unit in a similar manner, the arbitrator
may consolidate the issues of fact common to those dwelling
units in a single proceeding.
(6) Decisions of the arbitrator shall be enforced or
appealed according to the provisions of chapter 7.04 RCW.
[1973 1st ex.s. c 207 § 33.]
59.18.340 Arbitration—Fee. The administrative fee
for this arbitration procedure shall be established by agreement of the parties and the arbitrator and, unless otherwise
allocated by the arbitrator, shall be shared equally by the
parties: PROVIDED, That upon either party signing an affidavit to the effect that he is unable to pay his share of the
fee, that portion of the fee may be waived or deferred.
[1983 c 264 § 12; 1973 1st ex.s. c 207 § 34.]
59.18.350 Arbitration—Completion of arbitration
after giving notice. When a party gives notice pursuant to
subsection (2) of RCW 59.18.320, he must, at the same time,
arrange for arbitration of the grievance in the manner
provided for in this chapter. The arbitration shall be
completed before the rental due date next occurring after the
giving of notice pursuant to RCW 59.18.320: PROVIDED,
That in no event shall the arbitrator have less than ten days
to complete the arbitration process. [1973 1st ex.s. c 207 §
35.]
59.18.352 Threatening behavior by tenant—
Termination of agreement—Written notice—Financial
obligations. If a tenant notifies the landlord that he or she,
or another tenant who shares that particular dwelling unit has
been threatened by another tenant, and:
(1) The threat was made with a firearm or other deadly
weapon as defined in RCW 9A.04.110; and
(2) The tenant who made the threat is arrested as a
result of the threatening behavior; and
(3) The landlord fails to file an unlawful detainer action
against the tenant who threatened another tenant within
seven calendar days after receiving notice of the arrest from
a law enforcement agency;
then the tenant who was threatened may terminate the rental
agreement and quit the premises upon written notice to the
landlord without further obligation under the rental agreement.
A tenant who terminates a rental agreement under this
section is discharged from payment of rent for any period
following the quitting date, and is entitled to a pro rata
refund of any prepaid rent, and shall receive a full and spe[Title 59 RCW—page 21]
59.18.352
Title 59 RCW: Landlord and Tenant
cific statement of the basis for retaining any of the deposit
together with any refund due in accordance with RCW
59.18.280.
Nothing in this section shall be construed to require a
landlord to terminate a rental agreement or file an unlawful
detainer action. [1992 c 38 § 5.]
Intent—1992 c 38: "The legislature recognizes that tenants have a
number of duties under the residential landlord tenant act. These duties
include the duty to pay rent and give sufficient notice before terminating the
tenancy, the duty to pay drayage and storage costs under certain circumstances, and the duty to not create a nuisance or common waste. The
legislature finds that tenants are sometimes threatened by other tenants with
firearms or other deadly weapons. Some landlords refuse to evict those
tenants who threaten the well-being of other tenants even after an arrest has
been made for the threatening behavior. The legislature also finds that some
tenants who hold protective orders are still subjected to threats and acts of
domestic violence. These tenants with protective orders must sometimes
move quickly so that the person being restrained does not know where they
reside. Tenants who move out of dwelling units because they fear for their
safety often forfeit their damage deposit and last month’s rent because they
did not provide the requisite notice to terminate the tenancy. Some tenants
remain in unsafe situations because they cannot afford to lose the money
held as a deposit by the landlord. There is no current mechanism that
authorizes the suspension of the tenant’s duty to give the requisite notice
before terminating a tenancy if they are endangered by others. There also
is no current mechanism that imposes a duty on the tenant to pay drayage
and storage costs when the landlord stores his or her property after an
eviction. It is the intent of the legislature to provide a mechanism for
tenants who are threatened to terminate their tenancies without suffering
undue economic loss, to provide additional mechanisms to allow landlords
to evict tenants who endanger others, and to establish a mechanism for
tenants to pay drayage and storage costs under certain circumstances when
the landlord stores the tenant’s property after an eviction." [1992 c 38 § 1.]
Effective date—1992 c 38: "This act shall take effect June 1, 1992."
[1992 c 38 § 11.]
59.18.354 Threatening behavior by landlord—
Termination of agreement—Financial obligations. If a
tenant is threatened by the landlord with a firearm or other
deadly weapon as defined in RCW 9A.04.110, and the threat
leads to an arrest of the landlord, then the tenant may
terminate the rental agreement and quit the premises without
further obligation under the rental agreement. The tenant is
discharged from payment of rent for any period following
the quitting date, and is entitled to a pro rata refund of any
prepaid rent, and shall receive a full and specific statement
of the basis for retaining any of the deposit together with
any refund due in accordance with RCW 59.18.280. [1992
c 38 § 6.]
Intent—Effective date—1992 c 38: See notes following RCW
59.18.352.
59.18.356 Threatening behavior—Violation of order
for protection—Termination of agreement—Financial
obligations. If a tenant notifies the landlord in writing that:
(1) He or she has a valid order for protection under
chapter 26.50 RCW; and
(2) The person to be restrained has violated the order
since the tenant occupied the dwelling unit; and
(3) The tenant has notified the sheriff of the county or
the peace officers of the municipality in which the tenant
resides of the violation; and
(4) A copy of the order for protection is available for
the landlord;
then the tenant may terminate the rental agreement and quit
the premises without further obligation under the rental
[Title 59 RCW—page 22]
agreement. A tenant who terminates a rental agreement
under this section is discharged from the payment of rent for
any period following the quitting date, and is entitled to a
pro rata refund of any prepaid rent, and shall receive a full
and specific statement of the basis for retaining any of the
deposit together with any refund due in accordance with
RCW 59.18.280. [1992 c 38 § 7.]
Intent—Effective date—1992 c 38: See notes following RCW
59.18.352.
59.18.360 Exemptions. A landlord and tenant may
agree, in writing, to exempt themselves from the provisions
of RCW 59.18.060, 59.18.100, 59.18.110, 59.18.120,
59.18.130, and 59.18.190 if the following conditions have
been met:
(1) The agreement may not appear in a standard form
lease or rental agreement;
(2) There is no substantial inequality in the bargaining
position of the two parties;
(3) The exemption does not violate the public policy of
this state in favor of the ensuring safe, and sanitary housing;
and
(4) Either the local county prosecutor’s office or the
consumer protection division of the attorney general’s office
or the attorney for the tenant has approved in writing the
application for exemption as complying with subsections (1)
through (3) of this section. [1973 1st ex.s. c 207 § 36.]
59.18.365 Unlawful detainer action—Summons—
Form. The summons for unlawful detainer actions for
tenancies covered by this chapter shall be substantially in the
following form. In unlawful detainer actions based on
nonpayment of rent, the summons may contain the provisions authorized by RCW 59.18.375.
IN THE SUPERIOR COURT OF THE STATE OF
WASHINGTON IN AND FOR . . . . . . COUNTY
Plaintiff,
vs.
Defendant.
⎫
⎪
⎪
⎬
⎪
⎪
⎭
NO.
EVICTION SUMMONS
(Residential)
THIS IS NOTICE OF A LAWSUIT TO EVICT YOU.
PLEASE READ IT CAREFULLY.
THE DEADLINE FOR YOUR WRITTEN
RESPONSE IS:
5:00 p.m., on . . . . . . . . .
TO: . . . . . . . . . . . . . . . (Name)
. . . . . . . . . . . . . . . (Address)
This is notice of a lawsuit to evict you from the
property which you are renting. Your landlord is asking the
court to terminate your tenancy, direct the sheriff to remove
you and your belongings from the property, enter a money
judgment against you for unpaid rent and/or damages for
your use of the property, and for court costs and attorneys’
fees.
If you want to defend yourself in this lawsuit, you must
respond to the eviction complaint in writing on or before the
(2002 Ed.)
Residential Landlord-Tenant Act
deadline stated above. You must respond in writing even if
no case number has been assigned by the court yet.
You can respond to the complaint in writing by delivering a copy of a notice of appearance or answer to your
landlord’s attorney (or your landlord if there is no attorney)
to be received no later than the deadline stated above.
The notice of appearance or answer must include the
name of this case (plaintiff(s) and defendant(s)), your name,
the street address where further legal papers may be sent,
your telephone number (if any), and your signature.
If there is a number on the upper right side of the
eviction summons and complaint, you must also file your
original notice of appearance or answer with the court clerk
by the deadline for your written response.
You may demand that the plaintiff file this lawsuit with
the court. If you do so, the demand must be in writing and
must be served upon the person signing the summons.
Within fourteen days after you serve the demand, the
plaintiff must file this lawsuit with the court, or the service
on you of this summons and complaint will be void.
If you wish to seek the advice of an attorney in this
matter, you should do so promptly so that your written
response, if any, may be served on time.
You may also be instructed in a separate order to appear
for a court hearing on your eviction. If you receive an order
to show cause you must personally appear at the hearing on
the date indicated in the order to show cause in addition to
delivering and filing your notice of appearance or answer by
the deadline stated above.
IF YOU DO NOT RESPOND TO THE COMPLAINT IN WRITING BY THE DEADLINE
STATED ABOVE YOU WILL LOSE BY DEFAULT. YOUR LANDLORD MAY PROCEED
WITH THE LAWSUIT, EVEN IF YOU HAVE
MOVED OUT OF THE PROPERTY.
The notice of appearance or answer must be delivered to:
.......
Name
.......
Address
.......
Telephone
...............
...............
...............
Number
[1989 c 342 § 15.]
59.18.370 Forcible entry or detainer or unlawful
detainer actions—Writ of restitution—Application—
Order—Hearing. The plaintiff, at the time of commencing
an action of forcible entry or detainer or unlawful detainer,
or at any time afterwards, upon filing the complaint, may
apply to the superior court in which the action is pending for
an order directing the defendant to appear and show cause,
if any he has, why a writ of restitution should not issue restoring to the plaintiff possession of the property in the
complaint described, and the judge shall by order fix a time
and place for a hearing of said motion, which shall not be
less than six nor more than twelve days from the date of service of said order upon defendant. A copy of said order,
together with a copy of the summons and complaint if not
previously served upon the defendant, shall be served upon
(2002 Ed.)
59.18.365
the defendant. Said order shall notify the defendant that if
he fails to appear and show cause at the time and place
specified by the order the court may order the sheriff to
restore possession of the property to the plaintiff and may
grant such other relief as may be prayed for in the complaint
and provided by this chapter. [1973 1st ex.s. c 207 § 38.]
59.18.375 Forcible entry or detainer or unlawful
detainer actions—Payment of rent into court registry—
Writ of restitution—Notice. (1) The remedies provided by
this section are in addition to other remedies provided by
this chapter.
(2) In an action of forcible entry, detainer, or unlawful
detainer, commenced under this chapter which is based upon
nonpayment of rent as provided in RCW 59.12.030(3), the
defendant shall pay into the court registry the amount alleged
due in the complaint and continue to pay into the court
registry the monthly rent as it becomes due under the terms
of the rental agreement while the action is pending. If the
defendant submits to the court a written statement signed and
sworn under penalty of perjury denying that the rent alleged
due in the complaint is owing based upon a legal or equitable defense or set-off arising out of the tenancy, such
payment shall not be required.
(3) A defendant must comply with subsection (2) of this
section within seven days after completed service of a filed
summons and complaint or, in the case of service of an
unfiled summons and complaint, seven days after delivering
written notice to the defendant, in the manner provided in
RCW 59.12.040, advising the defendant of the date of filing,
the cause number for the action, and the date by which the
defendant must comply with this section to avoid the
immediate issuance of a writ of restitution. Failure of the
defendant to comply with this section shall be grounds for
the immediate issuance of a writ of restitution without bond
directing the sheriff to deliver possession of the premises to
the plaintiff. Issuance of a writ of restitution under this
section shall not affect the defendant’s right to a hearing to
contest the amount of rent alleged to be due.
(4) The defendant shall send written notice that the rent
has been paid into the court registry or send a copy of the
sworn statement referred to in subsection (2) of this section
to the address of the person whose name is signed on the
unlawful detainer summons.
(5) Before applying to the court for a writ of restitution
under this section, the plaintiff must check with the clerk of
the court to determine if the defendant has complied with
subsection (2) of this section.
(6) If the plaintiff intends to use the procedures in this
section, the summons must contain notice to the defendant
of the payment requirements of this section and be substantially in the following form:
NOTICE
This unlawful detainer action is based upon nonpayment of
rent in an amount alleged to be $. . . . . . The plaintiff is
entitled to an order from the court directing the sheriff to
evict you without a hearing unless you pay into the court
registry the amount of delinquent rent alleged to be due in
the complaint and continue paying into the court registry the
monthly rent as it becomes due while this lawsuit is pending.
[Title 59 RCW—page 23]
59.18.375
Title 59 RCW: Landlord and Tenant
If you deny that you owe the rent claimed to be due and you
do not want to be evicted immediately without a hearing,
you must file with the clerk of the court a written statement
signed and sworn under penalty of perjury setting forth why
you do not owe the amount claimed in the complaint to be
due. The sworn statement must be filed IN ADDITION TO
your written answer to the complaint.
Payment or the sworn statement must be submitted to
the clerk of the superior court within seven days after you
have been served with this summons or, if the summons has
not yet been filed, within seven days after service of written
notice that the lawsuit has been filed.
This complaint:
( ) is filed with the superior court;
( ) is not filed. The plaintiff must notify you in writing
when it is filed.
IMPORTANT
If you intend to contest this action, you must also file a
written answer as indicated above on this summons.
clerk, conditioned that the plaintiff will prosecute his action
without delay, and will pay all costs that may be adjudged
to the defendant, and all damages which he may sustain by
reason of the writ of restitution having been issued, should
the same be wrongfully sued out. The court shall also enter
an order directing the parties to proceed to trial on the
complaint and answer in the usual manner.
If it appears to the court that the plaintiff should not be
restored to possession of the property, the court shall deny
plaintiff’s motion for a writ of restitution and enter an order
directing the parties to proceed to trial within thirty days on
the complaint and answer. If it appears to the court that
there is a substantial issue of material fact as to whether or
not the plaintiff is entitled to other relief as is prayed for in
plaintiff’s complaint and provided for in this chapter, or that
there is a genuine issue of a material fact pertaining to a
legal or equitable defense or set-off raised in the defendant’s
answer, the court shall grant or deny so much of plaintiff’s
other relief sought and so much of defendant’s defenses or
set-off claimed, as may be proper. [1973 1st ex.s. c 207 §
39.]
[1983 c 264 § 13.]
59.18.380 Forcible entry or detainer or unlawful
detainer actions—Writ of restitution—Answer—Order—
Stay—Bond. At the time and place fixed for the hearing of
plaintiff’s motion for a writ of restitution, the defendant, or
any person in possession or claiming possession of the
property, may answer, orally or in writing, and assert any
legal or equitable defense or set-off arising out of the
tenancy. If the answer is oral the substance thereof shall be
endorsed on the complaint by the court. The court shall
examine the parties and witnesses orally to ascertain the
merits of the complaint and answer, and if it shall appear
that the plaintiff has the right to be restored to possession of
the property, the court shall enter an order directing the
issuance of a writ of restitution, returnable ten days after its
date, restoring to the plaintiff possession of the property and
if it shall appear to the court that there is no substantial issue
of material fact of the right of the plaintiff to be granted
other relief as prayed for in the complaint and provided for
in this chapter, the court may enter an order and judgment
granting so much of such relief as may be sustained by the
proof, and the court may grant such other relief as may be
prayed for in the plaintiff’s complaint and provided for in
this chapter, then the court shall enter an order denying any
relief sought by the plaintiff for which the court has determined that the plaintiff has no right as a matter of law:
PROVIDED, That within three days after the service of the
writ of restitution the defendant, or person in possession of
the property, may, in any action for the recovery of possession of the property for failure to pay rent, stay the execution of the writ pending final judgment by paying into court
or to the plaintiff, as the court directs, all rent found to be
due and all the costs of the action, and in addition by
paying, on a monthly basis pending final judgment, an
amount equal to the monthly rent called for by the lease or
rental agreement at the time the complaint was filed:
PROVIDED FURTHER, That before any writ shall issue
prior to final judgment the plaintiff shall execute to the
defendant and file in the court a bond in such sum as the
court may order, with sufficient surety to be approved by the
[Title 59 RCW—page 24]
59.18.390 Forcible entry or detainer or unlawful
detainer actions—Writ of restitution—Service—
Defendant’s bond. (1) The sheriff shall, upon receiving the
writ of restitution, forthwith serve a copy thereof upon the
defendant, his or her agent, or attorney, or a person in
possession of the premises, and shall not execute the same
for three days thereafter, and the defendant, or person in
possession of the premises within three days after the service
of the writ of restitution may execute to the plaintiff a bond
to be filed with and approved by the clerk of the court in
such sum as may be fixed by the judge, with sufficient surety to be approved by the clerk of the court, conditioned that
they will pay to the plaintiff such sum as the plaintiff may
recover for the use and occupation of the premises, or any
rent found due, together with all damages the plaintiff may
sustain by reason of the defendant occupying or keeping
possession of the premises, together with all damages which
the court theretofore has awarded to the plaintiff as provided
in this chapter, and also all the costs of the action. The
plaintiff, his or her agent or attorneys, shall have notice of
the time and place where the court or judge thereof shall fix
the amount of the defendant’s bond, and shall have notice
and a reasonable opportunity to examine into the qualification and sufficiency of the sureties upon the bond before the
bond shall be approved by the clerk. After the issuance of
a writ of restitution, acceptance of a payment by the landlord
or plaintiff that only partially satisfies the judgment will not
invalidate the writ unless pursuant to a written agreement
executed by both parties. The eviction will not be postponed
or stopped unless a copy of that written agreement is
provided to the sheriff. It is the responsibility of the tenant
or defendant to ensure a copy of the agreement is provided
to the sheriff. Upon receipt of the agreement the sheriff will
cease action unless ordered to do otherwise by the court.
The writ of restitution and the notice that accompanies the
writ of restitution required under RCW 59.18.312 shall
conspicuously state in bold face type, all capitals, not less
than twelve points information about partial payments as set
forth in subsection (2) of this section. If the writ of restitu(2002 Ed.)
Residential Landlord-Tenant Act
tion has been based upon a finding by the court that the
tenant, subtenant, sublessee, or a person residing at the rental
premises has engaged in drug-related activity or has allowed
any other person to engage in drug-related activity at those
premises with his or her knowledge or approval, neither the
tenant, the defendant, nor a person in possession of the
premises shall be entitled to post a bond in order to retain
possession of the premises. The writ may be served by the
sheriff, in the event he or she shall be unable to find the
defendant, an agent or attorney, or a person in possession of
the premises, by affixing a copy of the writ in a conspicuous
place upon the premises: PROVIDED, That the sheriff shall
not require any bond for the service or execution of the writ.
The sheriff shall be immune from all civil liability for serving and enforcing writs of restitution unless the sheriff is
grossly negligent in carrying out his or her duty.
(2) The notice accompanying a writ of restitution
required under RCW 59.18.312 shall be substantially similar
to the following:
IMPORTANT NOTICE - PARTIAL PAYMENTS
YOUR LANDLORD’S ACCEPTANCE OF A
PARTIAL PAYMENT FROM YOU AFTER SERVICE
OF THIS WRIT OF RESTITUTION WILL NOT
AUTOMATICALLY POSTPONE OR STOP YOUR
EVICTION. IF YOU HAVE A WRITTEN AGREEMENT WITH YOUR LANDLORD THAT THE EVICTION WILL BE POSTPONED OR STOPPED, IT IS
YOUR RESPONSIBILITY TO PROVIDE A COPY OF
THE AGREEMENT TO THE SHERIFF. THE SHERIFF WILL NOT CEASE ACTION UNLESS YOU
PROVIDE A COPY OF THE AGREEMENT. AT THE
DIRECTION OF THE COURT THE SHERIFF MAY
TAKE FURTHER ACTION.
[1997 c 255 § 1; 1989 c 342 § 11; 1988 c 150 § 3; 1973 1st
ex.s. c 207 § 40.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
59.18.400 Forcible entry or detainer or unlawful
detainer actions—Writ of restitution—Answer of defendant. On or before the day fixed for his appearance the
defendant may appear and answer. The defendant in his
answer may assert any legal or equitable defense or set-off
arising out of the tenancy. If the complaint alleges that the
tenancy should be terminated because the defendant tenant,
subtenant, sublessee, or resident engaged in drug-related
activity, or allowed any other person to engage in drugrelated activity at the rental premises with his or her knowledge or consent, no set-off shall be allowed as a defense to
the complaint. [1988 c 150 § 4; 1973 1st ex.s. c 207 § 41.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
59.18.410 Forcible entry or detainer or unlawful
detainer actions—Writ of restitution—Judgment—
Execution. If upon the trial the verdict of the jury or, if the
case be tried without a jury, the finding of the court be in
favor of the plaintiff and against the defendant, judgment
shall be entered for the restitution of the premises; and if the
proceeding be for unlawful detainer after neglect or failure
(2002 Ed.)
59.18.390
to perform any condition or covenant of a lease or agreement
under which the property is held, or after default in the
payment of rent, the judgment shall also declare the forfeiture of the lease, agreement or tenancy. The jury, or the
court, if the proceedings be tried without a jury, shall also
assess the damages arising out of the tenancy occasioned to
the plaintiff by any forcible entry, or by any forcible or
unlawful detainer, alleged in the complaint and proved on
the trial, and, if the alleged unlawful detainer be after default
in the payment of rent, find the amount of any rent due, and
the judgment shall be rendered against the defendant guilty
of the forcible entry, forcible detainer or unlawful detainer
for the amount of damages thus assessed and for the rent, if
any, found due, and the court may award statutory costs and
reasonable attorney’s fees. When the proceeding is for an
unlawful detainer after default in the payment of rent, and
the lease or agreement under which the rent is payable has
not by its terms expired, execution upon the judgment shall
not be issued until the expiration of five days after the entry
of the judgment, within which time the tenant or any
subtenant, or any mortgagee of the term, or other party
interested in the continuance of the tenancy, may pay into
court for the landlord the amount of the judgment and costs,
and thereupon the judgment shall be satisfied and the tenant
restored to his tenancy; but if payment, as herein provided,
be not made within five days the judgment may be enforced
for its full amount and for the possession of the premises.
In all other cases the judgment may be enforced immediately. If writ of restitution shall have been executed prior to
judgment no further writ or execution for the premises shall
be required. [1973 1st ex.s. c 207 § 42.]
59.18.415 Applicability to certain single family
dwelling leases. The provisions of this chapter shall not
apply to any lease of a single family dwelling for a period
of a year or more or to any lease of a single family dwelling
containing a bona fide option to purchase by the tenant:
PROVIDED, That an attorney for the tenant must approve
on the face of the agreement any lease exempted from the
provisions of this chapter as provided for in this section.
[1989 c 342 § 12; 1973 1st ex.s. c 207 § 43.]
59.18.420 RCW 59.12.090, 59.12.100, 59.12.121, and
59.12.170 inapplicable. The provisions of RCW 59.12.090,
59.12.100, 59.12.121, and 59.12.170 shall not apply to any
rental agreement included under the provisions of chapter
59.18 RCW. [1973 1st ex.s. c 207 § 44.]
59.18.430 Applicability to prior, existing or future
leases. RCW 59.18.010 through 59.18.360 and 59.18.900
shall not apply to any lease entered into prior to July 16,
1973. All provisions of this chapter shall apply to any lease
or periodic tenancy entered into on or subsequent to July 16,
1973. [1973 1st ex.s. c 207 § 47.]
59.18.440 Relocation assistance for low-income
tenants—Certain cities, towns, counties, municipal
corporations authorized to require. (1) Any city, town,
county, or municipal corporation that is required to develop
a comprehensive plan under RCW 36.70A.040(1) is authorized to require, after reasonable notice to the public and a
[Title 59 RCW—page 25]
59.18.440
Title 59 RCW: Landlord and Tenant
public hearing, property owners to provide their portion of
reasonable relocation assistance to low-income tenants upon
the demolition, substantial rehabilitation whether due to code
enforcement or any other reason, or change of use of
residential property, or upon the removal of use restrictions
in an assisted-housing development. No city, town, county,
or municipal corporation may require property owners to
provide relocation assistance to low-income tenants, as
defined in this chapter, upon the demolition, substantial
rehabilitation, upon the change of use of residential property,
or upon the removal of use restrictions in an assisted-housing
development, except as expressly authorized herein or when
authorized or required by state or federal law. As used in
this section, "assisted housing development" means a
multifamily rental housing development that either receives
government assistance and is defined as federally assisted
housing in RCW 59.28.020, or that receives other federal,
state, or local government assistance and is subject to use
restrictions.
(2) As used in this section, "low-income tenants" means
tenants whose combined total income per dwelling unit is at
or below fifty percent of the median income, adjusted for
family size, in the county where the tenants reside.
The department of community, trade, and economic
development shall adopt rules defining county median
income in accordance with the definitions promulgated by
the federal department of housing and urban development.
(3) A requirement that property owners provide relocation assistance shall include the amounts of such assistance
to be provided to low-income tenants. In determining such
amounts, the jurisdiction imposing the requirement shall
evaluate, and receive public testimony on, what relocation
expenses displaced tenants would reasonably incur in that
jurisdiction including:
(a) Actual physical moving costs and expenses;
(b) Advance payments required for moving into a new
residence such as the cost of first and last month’s rent and
security and damage deposits;
(c) Utility connection fees and deposits; and
(d) Anticipated additional rent and utility costs in the
residence for one year after relocation.
(4)(a) Relocation assistance provided to low-income
tenants under this section shall not exceed two thousand
dollars for each dwelling unit displaced by actions of the
property owner under subsection (1) of this section. A city,
town, county, or municipal corporation may make future
annual adjustments to the maximum amount of relocation
assistance required under this subsection in order to reflect
any changes in the housing component of the consumer price
index as published by the United States department of labor,
bureau of labor statistics.
(b) The property owner’s portion of any relocation
assistance provided to low-income tenants under this section
shall not exceed one-half of the required relocation assistance under (a) of this subsection in cash or services.
(c) The portion of relocation assistance not covered by
the property owner under (b) of this subsection shall be paid
by the city, town, county, or municipal corporation authorized to require relocation assistance under subsection (1) of
this section. The relocation assistance may be paid from
proceeds collected from the excise tax imposed under RCW
82.46.010.
[Title 59 RCW—page 26]
(5) A city, town, county, or municipal corporation
requiring the provision of relocation assistance under this
section shall adopt policies, procedures, or regulations to
implement such requirement. Such policies, procedures, or
regulations shall include provisions for administrative
hearings to resolve disputes between tenants and property
owners relating to relocation assistance or unlawful detainer
actions during relocation, and shall require a decision within
thirty days of a request for a hearing by either a tenant or
property owner.
Judicial review of an administrative hearing decision
relating to relocation assistance may be had by filing a
petition, within ten days of the decision, in the superior court
in the county where the residential property is located.
Judicial review shall be confined to the record of the
administrative hearing and the court may reverse the decision
only if the administrative findings, inferences, conclusions,
or decision is:
(a) In violation of constitutional provisions;
(b) In excess of the authority or jurisdiction of the
administrative hearing officer;
(c) Made upon unlawful procedure or otherwise is
contrary to law; or
(d) Arbitrary and capricious.
(6) Any city, town, county, or municipal corporation
may require relocation assistance, under the terms of this
section, for otherwise eligible tenants whose living arrangements are exempted from the provisions of this chapter
under RCW 59.18.040(3) and if the living arrangement is
considered to be a rental or lease not defined as a retail sale
under RCW 82.04.050.
(7)(a) Persons who move from a dwelling unit prior to
the application by the owner of the dwelling unit for any
governmental permit necessary for the demolition, substantial
rehabilitation, or change of use of residential property or
prior to any notification or filing required for condominium
conversion shall not be entitled to the assistance authorized
by this section.
(b) Persons who move into a dwelling unit after the
application for any necessary governmental permit or after
any required condominium conversion notification or filing
shall not be entitled to the assistance authorized by this section if such persons receive written notice from the property
owner prior to taking possession of the dwelling unit that
specifically describes the activity or condition that may result
in their temporary or permanent displacement and advises
them of their ineligibility for relocation assistance. [1997 c
452 § 17; 1995 c 399 § 151; 1990 1st ex.s. c 17 § 49.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
59.18.450 Relocation assistance for low-income
tenants—Payments not considered income—Eligibility for
other assistance not affected. Relocation assistance
payments received by tenants under *RCW 59.18.440 shall
not be considered as income or otherwise affect the eligibility for or amount of assistance paid under any government
benefit program. [1990 1st ex.s. c 17 § 50.]
(2002 Ed.)
Residential Landlord-Tenant Act
*Reviser’s note: The reference in 1990 1st ex.s. c 17 § 50 to "section
50 of this act" is apparently erroneous and has been translated to RCW
59.18.440, which was 1990 1st ex.s. c 17 § 49.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
59.18.500 Gang-related activity—Legislative
findings, declarations, and intent. The legislature finds
and declares that the ability to feel safe and secure in one’s
own home and in one’s own community is of primary
importance. The legislature recognizes that certain gangrelated activity can affect the safety of a considerable
number of people in the rental premises and dwelling units.
Therefore, such activity, although it may be occurring within
an individual’s home or the surrounding areas of an
individual’s home, becomes the community’s concern.
The legislature intends that the remedy provided in
RCW 59.18.510 be used solely to protect the health and
safety of the community. The remedy is not a means for
private citizens to bring malicious or unfounded actions
against fellow tenants or residential neighbors for personal
reasons. In determining whether the tenant’s activity is the
type prohibited under RCW 59.18.130(9), the court should
consider the totality of the circumstances, including factors
such as whether there have been numerous complaints to the
landlord, damage to property, police or incident reports,
reports of disturbance, and arrests. An absence of any or all
of these factors does not necessarily mean gang activity is
not occurring. In determining whether the tenant is engaging
in gang-related activity, the court should consider the
purpose and intent of RCW 59.18.510. The legislature
intends to give people in the community a tool that will help
them restore the health and vibrance of their community.
[1998 c 276 § 4.]
59.18.510 Gang-related activity—Notice and
demand the landlord commence unlawful detainer
action—Petition to court—Attorneys’ fees. (1)(a) Any
person whose life, safety, health, or use of property is being
injured or endangered by a tenant’s gang-related activity,
who has legal standing and resides, works in, or owns
property in the same multifamily building, apartment
complex, or within a one-block radius may serve the
landlord with a ten-day notice and demand that the landlord
commence an unlawful detainer action against the tenant.
The notice and demand must set forth, in reasonable detail,
facts and circumstances that lead the person to believe gangrelated activity is occurring. The notice and demand shall be
served by delivering a copy personally to the landlord or the
landlord’s agent. If the person is unable to personally serve
the landlord after exercising due diligence, the person may
deposit the notice and demand in the mail, postage prepaid,
to the landlord’s or the landlord’s agent’s last known
address.
(b) A copy of the notice and demand must also be
served upon the tenant engaging in the gang-related activity
by delivering a copy personally to the tenant. However, if
the person is prevented from personally serving the tenant
due to threats or violence, or if personal service is not
reasonable under the circumstances, the person may deposit
the notice and demand in the mail, postage prepaid, to the
(2002 Ed.)
59.18.450
tenant’s address, or leave a copy of the notice and demand
in a conspicuous location at the tenant’s residence.
(2)(a) Within ten days from the time the notice and
demand is served, the landlord has a duty to take reasonable
steps to investigate the tenant’s alleged noncompliance with
RCW 59.18.130(9). The landlord must notify the person
who brought the notice and demand that an investigation is
occurring. The landlord has ten days from the time he or
she notifies the person in which to conduct a reasonable investigation.
(b) If, after reasonable investigation, the landlord finds
that the tenant is not in compliance with RCW 59.18.130(9),
the landlord may proceed directly to an unlawful detainer
action or take reasonable steps to ensure the tenant discontinues the prohibited activity and complies with RCW
59.18.130(9). The landlord shall notify the person who
served the notice and demand of whatever action the
landlord takes.
(c) If, after reasonable investigation, the landlord finds
that the tenant is in compliance with RCW 59.18.130(9), the
landlord shall notify the person who served the notice and
demand of the landlord’s findings.
(3) The person who served the notice and demand may
petition the appropriate court to have the tenancy terminated
and the tenant removed from the premises if: (a) Within ten
days of service of the notice and demand, the tenant fails to
discontinue the gang-related activity and the landlord fails to
conduct a reasonable investigation; or (b) the landlord
notifies the person that the landlord conducted a reasonable
investigation and found that the tenant was not engaged in
gang-related activity as prohibited under RCW 59.18.130(9);
or (c) the landlord took reasonable steps to have the tenant
comply with RCW 59.18.130(9), but the tenant has failed to
comply within a reasonable time.
(4) If the court finds that the tenant was not in compliance with RCW 59.18.130(9), the court shall enter an order
terminating the tenancy and requiring the tenant to vacate the
premises. The court shall not issue the order terminating the
tenancy unless it has found that the allegations of gangrelated activity are corroborated by a source other than the
person who has petitioned the court.
(5) The prevailing party shall recover reasonable
attorneys’ fees and costs. The court may impose sanctions,
in addition to attorneys’ fees, on a person who has brought
an action under this chapter against the same tenant on more
than one occasion, if the court finds the petition was brought
with the intent to harass. However, the court must order the
landlord to pay costs and reasonable attorneys’ fees to the
person petitioning for termination of the tenancy if the court
finds that the landlord failed to comply with the duty to
investigate, regardless of which party prevails. [1998 c 276
§ 5.]
59.18.900 Severability—1973 1st ex.s. c 207. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the act, or its
application to other persons or circumstances, is not affected.
[1973 1st ex.s. c 207 § 37.]
59.18.910 Severability—1989 c 342. If any provision
of this act or its application to any person or circumstance is
[Title 59 RCW—page 27]
59.18.910
Title 59 RCW: Landlord and Tenant
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 342 § 18.]
59.18.911 Effective date—1989 c 342. This act shall
take effect on August 1, 1989, and shall apply to landlordtenant relationships existing on or entered into after the
effective date of this act. [1989 c 342 § 19.]
Chapter 59.20
MANUFACTURED/MOBILE HOME
LANDLORD-TENANT ACT
(Formerly: Mobile Home Landlord-Tenant Act)
Sections
59.20.010
59.20.020
59.20.030
59.20.040
59.20.045
59.20.050
59.20.060
59.20.070
59.20.073
59.20.074
59.20.075
59.20.080
59.20.090
59.20.100
59.20.110
59.20.120
59.20.130
59.20.135
59.20.140
59.20.145
59.20.150
59.20.155
59.20.160
59.20.170
59.20.180
59.20.190
59.20.200
59.20.210
59.20.220
59.20.230
59.20.240
59.20.250
59.20.260
59.20.270
59.20.280
Short title.
Rights and remedies—Obligation of good faith required.
Definitions.
Chapter applies to rental agreements regarding mobile home
lots, cooperatives, or subdivisions—Applicability of and
construction with provisions of chapters 59.12 and 59.18
RCW.
Enforceability of rules against a tenant.
Written rental agreement for term of one year or more required—Waiver—Exceptions—Application of section.
Rental agreements—Required contents—Prohibited provisions.
Prohibited acts by landlord.
Transfer of rental agreements.
Rent—Liability of secured party with right to possession.
Presumption of reprisal or retaliatory action.
Grounds for termination of tenancy or occupancy or failure
to renew a tenancy or occupancy—Notice—Mediation.
Term of rental agreements—Renewal—Nonrenewal—
Termination—Notices.
Improvements.
Attorney’s fees and costs.
Venue.
Duties of landlord.
Maintenance of permanent structures—Findings and declarations—Definition.
Duties of tenant.
Live-in care provider—Not a tenant—Agreements—Guest
fee.
Service of notice on landlord or tenant.
Seizure of illegal drugs—Notification of landlord.
Moneys paid as deposit or security for performance by tenant—Written rental agreement to specify terms and
conditions for retention by landlord.
Moneys paid as deposit or security for performance by tenant—Deposit by landlord in trust account—Receipt—
Claims.
Moneys paid as deposit or security for performance by tenant—Statement and notice of basis for retention.
Health and sanitation standards—Penalties.
Landlord—Failure to carry out duties—Notice from tenant—
Time limits for landlord’s remedial action.
Landlord—Failure to carry out duties—Repairs effected by
tenant—Bids—Notice—Deduction of cost from rent—
Limitations.
Landlord—Failure to carry out duties—Judgment by court
or arbitrator for diminished rental value and repair
costs—Enforcement of judgment—Reduction in rent.
Defective condition—Unfeasible to remedy defect—
Termination of tenancy.
Payment of rent condition to exercising remedies.
Mediation of disputes by independent third party.
Arbitration—Authorized—Selection of arbitrator—
Procedure.
Arbitration—Application—Hearings—Decisions.
Arbitration—Fee.
[Title 59 RCW—page 28]
59.20.290 Arbitration—Completion of arbitration after giving notice.
59.20.900 Severability—1977 ex.s. c 279.
59.20.901 Effective date—1999 c 359.
Office of mobile home affairs: Chapter 59.22 RCW.
Smoke detection devices required in dwelling units: RCW 48.48.140.
59.20.010 Short title. This chapter shall be known
and may be cited as the "Manufactured/Mobile Home
Landlord-Tenant Act". [1999 c 359 § 1; 1977 ex.s. c 279 §
1.]
59.20.020 Rights and remedies—Obligation of good
faith required. Every duty under this chapter and every act
which must be performed as a condition precedent to the
exercise of a right or remedy under this chapter imposes an
obligation of good faith in its performance or enforcement.
[1977 ex.s. c 279 § 2.]
59.20.030 Definitions. For purposes of this chapter:
(1) "Abandoned" as it relates to a mobile home, manufactured home, or park model owned by a tenant in a mobile
home park, mobile home park cooperative, or mobile home
park subdivision or tenancy in a mobile home lot means the
tenant has defaulted in rent and by absence and by words or
actions reasonably indicates the intention not to continue
tenancy;
(2) "Landlord" means the owner of a mobile home park
and includes the agents of a landlord;
(3) "Manufactured home" means a single-family
dwelling built according to the United States department of
housing and urban development manufactured home construction and safety standards act, which is a national
preemptive building code. A manufactured home also: (a)
Includes plumbing, heating, air conditioning, and electrical
systems; (b) is built on a permanent chassis; and (c) can be
transported in one or more sections with each section at least
eight feet wide and forty feet long when transported, or
when installed on the site is three hundred twenty square feet
or greater;
(4) "Mobile home" means a factory-built dwelling built
prior to June 15, 1976, to standards other than the United
States department of housing and urban development code,
and acceptable under applicable state codes in effect at the
time of construction or introduction of the home into the
state. Mobile homes have not been built since the introduction of the United States department of housing and urban
development manufactured home construction and safety act;
(5) "Mobile home lot" means a portion of a mobile
home park or manufactured housing community designated
as the location of one mobile home, manufactured home, or
park model and its accessory buildings, and intended for the
exclusive use as a primary residence by the occupants of that
mobile home, manufactured home, or park model;
(6) "Mobile home park" or "manufactured housing
community" means any real property which is rented or held
out for rent to others for the placement of two or more
mobile homes[,] manufactured homes, or park models for the
primary purpose of production of income, except where such
real property is rented or held out for rent for seasonal
recreational purpose only and is not intended for year-round
occupancy;
(2002 Ed.)
Manufactured/Mobile Home Landlord-Tenant Act
(7) "Mobile home park cooperative" or "manufactured
housing cooperative" means real property consisting of
common areas and two or more lots held out for placement
of mobile homes, manufactured homes, or park models in
which both the individual lots and the common areas are
owned by an association of shareholders which leases or
otherwise extends the right to occupy individual lots to its
own members;
(8) "Mobile home park subdivision" or "manufactured
housing subdivision" means real property, whether it is
called a subdivision, condominium, or planned unit development, consisting of common areas and two or more lots
held for placement of mobile homes, manufactured homes,
or park models in which there is private ownership of the
individual lots and common, undivided ownership of the
common areas by owners of the individual lots;
(9) "Park model" means a recreational vehicle intended
for permanent or semi-permanent installation and habitation;
(10) "Recreational vehicle" means a travel trailer, motor
home, truck camper, or camping trailer that is primarily
designed and used as temporary living quarters, is either
self-propelled or mounted on or drawn by another vehicle,
is transient, is not occupied as a primary residence, and is
not immobilized or permanently affixed to a mobile home
lot;
(11) "Tenant" means any person, except a transient, who
rents a mobile home lot;
(12) "Transient" means a person who rents a mobile
home lot for a period of less than one month for purposes
other than as a primary residence;
(13) "Occupant" means any person, including a live-in
care provider, other than a tenant, who occupies a mobile
home, manufactured home, or park model and mobile home
lot. [1999 c 359 § 2; 1998 c 118 § 1; 1993 c 66 § 15; 1981
c 304 § 4; 1980 c 152 § 3; 1979 ex.s. c 186 § 1; 1977 ex.s.
c 279 § 3.]
Severability—1981 c 304: See note following RCW 26.16.030.
Severability—1979 ex.s. c 186: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 186 § 30.]
59.20.040 Chapter applies to rental agreements
regarding mobile home lots, cooperatives, or subdivisions—Applicability of and construction with provisions
of chapters 59.12 and 59.18 RCW. This chapter shall
regulate and determine legal rights, remedies, and obligations
arising from any rental agreement between a landlord and a
tenant regarding a mobile home lot and including specified
amenities within the mobile home park, mobile home park
cooperative, or mobile home park subdivision, where the
tenant has no ownership interest in the property or in the
association which owns the property, whose uses are referred
to as a part of the rent structure paid by the tenant. All such
rental agreements shall be unenforceable to the extent of any
conflict with any provision of this chapter. Chapter 59.12
RCW shall be applicable only in implementation of the
provisions of this chapter and not as an alternative remedy
to this chapter which shall be exclusive where applicable:
PROVIDED, That the provision of RCW 59.12.090,
59.12.100, and 59.12.170 shall not apply to any rental
agreement included under the provisions of this chapter.
(2002 Ed.)
59.20.030
RCW 59.18.055 and 59.18.370 through 59.18.410 shall be
applicable to any action of forcible entry or detainer or
unlawful detainer arising from a tenancy under the provisions of this chapter, except when a mobile home, manufactured home, or park model or a tenancy in a mobile home
lot is abandoned. Rentals of mobile homes, manufactured
homes, or park models themselves are governed by the
Residential Landlord-Tenant Act, chapter 59.18 RCW.
[1999 c 359 § 3; 1997 c 86 § 2; 1981 c 304 § 5; 1979 ex.s.
c 186 § 2; 1977 ex.s. c 279 § 4.]
Severability—1981 c 304: See note following RCW 26.16.030.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.045 Enforceability of rules against a tenant.
Rules are enforceable against a tenant only if:
(1) Their purpose is to promote the convenience, health,
safety, or welfare of the residents, protect and preserve the
premises from abusive use, or make a fair distribution of
services and facilities made available for the tenants generally;
(2) They are reasonably related to the purpose for which
they are adopted;
(3) They apply to all tenants in a fair manner;
(4) They are not for the purpose of evading an obligation of the landlord; and
(5) They are not retaliatory or discriminatory in nature.
[1993 c 66 § 18.]
59.20.050 Written rental agreement for term of one
year or more required—Waiver—Exceptions—
Application of section. (1) No landlord may offer a mobile
home lot for rent to anyone without offering a written rental
agreement for a term of one year or more. No landlord may
offer to anyone any rental agreement for a term of one year
or more for which the monthly rental is greater, or the terms
of payment or other material conditions more burdensome to
the tenant, than any month-to-month rental agreement also
offered to such tenant or prospective tenant. Anyone who
desires to occupy a mobile home lot for other than a term of
one year or more may have the option to be on a month-tomonth basis but must waive, in writing, the right to such one
year or more term: PROVIDED, That annually, at any
anniversary date of the tenancy the tenant may require that
the landlord provide a written rental agreement for a term of
one year. No landlord shall allow a mobile home, manufactured home, or park model to be moved into a mobile home
park in this state until a written rental agreement has been
signed by and is in the possession of the parties: PROVIDED, That if the landlord allows the tenant to move a mobile
home, manufactured home, or park model into a mobile
home park without obtaining a written rental agreement for
a term of one year or more, or a written waiver of the right
to a one-year term or more, the term of the tenancy shall be
deemed to be for one year from the date of occupancy of the
mobile home lot;
(2) The requirements of subsection (1) of this section
shall not apply if:
(a) The mobile home park or part thereof has been
acquired or is under imminent threat of condemnation for a
public works project, or
[Title 59 RCW—page 29]
59.20.050
Title 59 RCW: Landlord and Tenant
(b) An employer-employee relationship exists between a landlord and tenant;
(3) The provisions of this section shall apply to any
tenancy upon expiration of the term of any oral or written
rental agreement governing such tenancy. [1999 c 359 § 4;
1981 c 304 § 37; 1980 c 152 § 4; 1979 ex.s. c 186 § 3;
1977 ex.s. c 279 § 5.]
Severability—1981 c 304: See note following RCW 26.16.030.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.060 Rental agreements—Required contents—
Prohibited provisions. (1) Any mobile home space tenancy
regardless of the term, shall be based upon a written rental
agreement, signed by the parties, which shall contain:
(a) The terms for the payment of rent, including time
and place, and any additional charges to be paid by the
tenant. Additional charges that occur less frequently than
monthly shall be itemized in a billing to the tenant;
(b) Reasonable rules for guest parking which shall be
clearly stated;
(c) The rules and regulations of the park;
(d) The name and address of the person who is the
landlord, and if such person does not reside in the state there
shall also be designated by name and address a person who
resides in the county where the mobile home park is located
who is authorized to act as agent for the purposes of service
of notices and process. If no designation is made of a
person to act as agent, then the person to whom rental
payments are to be made shall be considered the agent;
(e) The name and address of any party who has a
secured interest in the mobile home, manufactured home, or
park model;
(f) A forwarding address of the tenant or the name and
address of a person who would likely know the whereabouts
of the tenant in the event of an emergency or an abandonment of the mobile home, manufactured home, or park
model;
(g)(i) A covenant by the landlord that, except for acts or
events beyond the control of the landlord, the mobile home
park will not be converted to a land use that will prevent the
space that is the subject of the lease from continuing to be
used for its intended use for a period of three years after the
beginning of the term of the rental agreement;
(ii) A rental agreement may, in the alternative, contain
a statement that the park may be sold or otherwise transferred at any time with the result that subsequent owners
may close the mobile home park, or that the landlord may
close the park at any time after the required notice. The
covenant or statement required by this subsection must
appear in print that is larger than the other text of the lease
and must be set off by means of a box, blank space, or
comparable visual device;
The requirements of this subsection shall apply to
tenancies initiated after April 28, 1989.
(h) The terms and conditions under which any deposit
or portion thereof may be withheld by the landlord upon
termination of the rental agreement if any moneys are paid
to the landlord by the tenant as a deposit or as security for
performance of the tenant’s obligations in a rental agreement;
[Title 59 RCW—page 30]
(i) A listing of the utilities, services, and facilities which
will be available to the tenant during the tenancy and the
nature of the fees, if any, to be charged;
(j) A description of the boundaries of a mobile home
space sufficient to inform the tenant of the exact location of
the tenant’s space in relation to other tenants’ spaces;
(k) A statement of the current zoning of the land on
which the mobile home park is located; and
(l) A statement of the expiration date of any conditional
use, temporary use, or other land use permit subject to a
fixed expiration date that is necessary for the continued use
of the land as a mobile home park.
(2) Any rental agreement executed between the landlord
and tenant shall not contain any provision:
(a) Which allows the landlord to charge a fee for guest
parking unless a violation of the rules for guest parking
occurs: PROVIDED, That a fee may be charged for guest
parking which covers an extended period of time as defined
in the rental agreement;
(b) Which authorizes the towing or impounding of a
vehicle except upon notice to the owner thereof or the tenant
whose guest is the owner of the vehicle;
(c) Which allows the landlord to alter the due date for
rent payment or increase the rent: (i) During the term of the
rental agreement if the term is less than one year, or (ii)
more frequently than annually if the term is for one year or
more: PROVIDED, That a rental agreement may include an
escalation clause for a pro rata share of any increase in the
mobile home park’s real property taxes or utility assessments
or charges, over the base taxes or utility assessments or
charges of the year in which the rental agreement took
effect, if the clause also provides for a pro rata reduction in
rent or other charges in the event of a reduction in real
property taxes or utility assessments or charges, below the
base year: PROVIDED FURTHER, That a rental agreement
for a term exceeding one year may provide for annual
increases in rent in specified amounts or by a formula
specified in such agreement;
(d) By which the tenant agrees to waive or forego rights
or remedies under this chapter;
(e) Allowing the landlord to charge an "entrance fee" or
an "exit fee." However, an entrance fee may be charged as
part of a continuing care contract as defined in RCW
70.38.025;
(f) Which allows the landlord to charge a fee for guests:
PROVIDED, That a landlord may establish rules charging
for guests who remain on the premises for more than fifteen
days in any sixty-day period;
(g) By which the tenant agrees to waive or forego
homestead rights provided by chapter 6.13 RCW. This
subsection shall not prohibit such waiver after a default in
rent so long as such waiver is in writing signed by the
husband and wife or by an unmarried claimant and in
consideration of the landlord’s agreement not to terminate
the tenancy for a period of time specified in the waiver if the
landlord would be otherwise entitled to terminate the tenancy
under this chapter; or
(h) By which, at the time the rental agreement is entered
into, the landlord and tenant agree to the selection of a
particular arbitrator. [2002 c 63 § 1; 1999 c 359 § 5. Prior:
1990 c 174 § 1; 1990 c 169 § 1; 1989 c 201 § 9; 1984 c 58
(2002 Ed.)
Manufactured/Mobile Home Landlord-Tenant Act
§ 1; 1981 c 304 § 18; 1979 ex.s. c 186 § 4; 1977 ex.s. c 279
§ 6.]
Severability—1984 c 58: See note following RCW 59.20.200.
Severability—1981 c 304: See note following RCW 26.16.030.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.070 Prohibited acts by landlord. A landlord
shall not:
(1) Deny any tenant the right to sell such tenant’s
mobile home, manufactured home, or park model within a
park or require the removal of the mobile home, manufactured home, or park model from the park because of the sale
thereof. Requirements for the transfer of the rental agreement are in RCW 59.20.073;
(2) Restrict the tenant’s freedom of choice in purchasing
goods or services but may reserve the right to approve or
disapprove any exterior structural improvements on a mobile
home space: PROVIDED, That door-to-door solicitation in
the mobile home park may be restricted in the rental agreement. Door-to-door solicitation does not include public
officials or candidates for public office meeting or distributing information to tenants in accordance with subsection (4)
of this section;
(3) Prohibit meetings by tenants of the mobile home
park to discuss mobile home living and affairs, including
political caucuses or forums for or speeches of public
officials or candidates for public office, or meetings of organizations that represent the interest of tenants in the park,
held in any of the park community or recreation halls if
these halls are open for the use of the tenants, conducted at
reasonable times and in an orderly manner on the premises,
nor penalize any tenant for participation in such activities;
(4) Prohibit a public official or candidate for public
office from meeting with or distributing information to
tenants in their individual mobile homes, manufactured
homes, or park models, nor penalize any tenant for participating in these meetings or receiving this information;
(5) Evict a tenant, terminate a rental agreement, decline
to renew a rental agreement, increase rental or other tenant
obligations, decrease services, or modify park rules in
retaliation for any of the following actions on the part of a
tenant taken in good faith:
(a) Filing a complaint with any state, county, or municipal governmental authority relating to any alleged violation
by the landlord of an applicable statute, regulation, or
ordinance;
(b) Requesting the landlord to comply with the provision
of this chapter or other applicable statute, regulation, or
ordinance of the state, county, or municipality;
(c) Filing suit against the landlord for any reason;
(d) Participation or membership in any homeowners
association or group;
(6) Charge to any tenant a utility fee in excess of actual
utility costs or intentionally cause termination or interruption
of any tenant’s utility services, including water, heat,
electricity, or gas, except when an interruption of a reasonable duration is required to make necessary repairs;
(7) Remove or exclude a tenant from the premises
unless this chapter is complied with or the exclusion or
removal is under an appropriate court order; or
(2002 Ed.)
59.20.060
(8) Prevent the entry or require the removal of a mobile
home, manufactured home, or park model for the sole reason
that the mobile home has reached a certain age. Nothing in
this subsection shall limit a landlords’ right to exclude or
expel a mobile home, manufactured home, or park model for
any other reason, including but not limited to, fire and safety
concerns provided such action conforms to chapter 59.20
RCW or any other statutory provision. [1999 c 359 § 6;
1993 c 66 § 16; 1987 c 253 § 1; 1984 c 58 § 2; 1981 c 304
§ 19; 1980 c 152 § 5; 1979 ex.s. c 186 § 5; 1977 ex.s. c 279
§ 7.]
Severability—1984 c 58: See note following RCW 59.20.200.
Severability—1981 c 304: See note following RCW 26.16.030.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.073 Transfer of rental agreements. (1) Any
rental agreement shall be assignable by the tenant to any
person to whom he or she sells or transfers title to the
mobile home, manufactured home, or park model.
(2) A tenant who sells a mobile home, manufactured
home, or park model within a park shall notify the landlord
in writing of the date of the intended sale and transfer of the
rental agreement at least fifteen days in advance of such
intended transfer and shall notify the buyer in writing of the
provisions of this section. The tenant shall verify in writing
to the landlord payment of all taxes, rent, and reasonable
expenses due on the mobile home, manufactured home, or
park model and mobile home lot.
(3) The landlord shall notify the selling tenant, in
writing, of a refusal to permit transfer of the rental agreement at least seven days in advance of such intended
transfer.
(4) The landlord may require the mobile home, manufactured home, or park model to meet applicable fire and
safety standards.
(5) The landlord shall approve or disapprove of the
assignment of a rental agreement on the same basis that the
landlord approves or disapproves of any new tenant, and any
disapproval shall be in writing. Consent to an assignment
shall not be unreasonably withheld.
(6) Failure to notify the landlord in writing, as required
under subsection (2) of this section; or failure of the new
tenant to make a good faith attempt to arrange an interview
with the landlord to discuss assignment of the rental agreement; or failure of the current or new tenant to obtain
written approval of the landlord for assignment of the rental
agreement, shall be grounds for disapproval of such transfer.
[1999 c 359 § 7; 1993 c 66 § 17; 1981 c 304 § 20.]
Severability—1981 c 304: See note following RCW 26.16.030.
59.20.074 Rent—Liability of secured party with
right to possession. (1) A secured party who has a security
interest in a mobile home, manufactured home, or park
model that is located within a mobile home park and who
has a right to possession of the mobile home, manufactured
home, or park model under *RCW 62A.9-503, shall be liable
to the landlord from the date the secured party receives
written notice by certified mail, return receipt requested, for
rent for occupancy of the mobile home space under the same
terms the tenant was paying prior to repossession, and any
other reasonable expenses incurred after the receipt of the
[Title 59 RCW—page 31]
59.20.074
Title 59 RCW: Landlord and Tenant
notice, until disposition of the mobile home, manufactured
home, or park model under *RCW 62A.9-504. The notice
of default by a tenant must state the amount of rent and the
amount and nature of any reasonable expenses that the
secured party is liable for payment to the landlord. The
notice must also state that the secured party will be provided
a copy of the rental agreement previously signed by the
tenant and the landlord upon request.
(2) This section shall not affect the availability of a
landlord’s lien as provided in chapter 60.72 RCW.
(3) As used in this section, "security interest" shall have
the same meaning as this term is defined in RCW
62A.1-201, and "secured party" shall have the same meaning
as this term is defined in *RCW 62A.9-105.
(4) For purposes of this section, "reasonable expenses"
means any routine maintenance and utility charges for which
the tenant is liable under the rental agreement.
(5) Any rent or other reasonable expenses owed by the
secured party to the landlord pursuant to this section shall be
paid to the landlord prior to the removal of the mobile home,
manufactured home, or park model from the mobile home
park.
(6) If a secured party who has a secured interest in a
mobile home, manufactured home, or park model that is
located in a mobile home park becomes liable to the landlord
pursuant to this section, then the relationship between the
secured party and the landlord shall be governed by the
rental agreement previously signed by the tenant and the
landlord unless otherwise agreed, except that the term of the
rental agreement shall convert to a month-to-month tenancy.
No waiver is required to convert the rental agreement to a
month-to-month tenancy. Either the landlord or the secured
party may terminate the month-to-month tenancy upon
giving written notice of thirty days or more. The secured
party and the landlord are not required to execute a new
rental agreement. Nothing in this section shall be construed
to be a waiver of any rights by the tenant. [1999 c 359 § 8;
1990 c 169 § 2; 1985 c 78 § 1.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see
Article 62A.9A RCW.
59.20.075 Presumption of reprisal or retaliatory
action. Initiation by the landlord of any action listed in
RCW 59.20.070(5) within one hundred twenty days after a
good faith and lawful act by the tenant or within one
hundred twenty days after any inspection or proceeding of a
governmental agency resulting from such act, shall create a
rebuttable presumption affecting the burden of proof, that the
action is a reprisal or retaliatory action against the tenant:
PROVIDED, That if the court finds that the tenant made a
complaint or report to a governmental authority within one
hundred twenty days after notice of a proposed increase in
rent or other action in good faith by the landlord, there is a
rebuttable presumption that the complaint or report was not
made in good faith: PROVIDED FURTHER, That no
presumption against the landlord shall arise under this
section, with respect to an increase in rent, if the landlord,
in a notice to the tenant of increase in rent, specifies
reasonable grounds for said increase, which grounds may
include a substantial increase in market value due to remedi[Title 59 RCW—page 32]
al action under this chapter. [1999 c 359 § 9; 1984 c 58 §
3; 1980 c 152 § 6.]
Severability—1984 c 58: See note following RCW 59.20.200.
59.20.080 Grounds for termination of tenancy or
occupancy or failure to renew a tenancy or occupancy—
Notice—Mediation. (1) A landlord shall not terminate or
fail to renew a tenancy of a tenant or the occupancy of an
occupant, of whatever duration except for one or more of the
following reasons:
(a) Substantial violation, or repeated or periodic violations of the rules of the mobile home park as established by
the landlord at the inception of the tenancy or as assumed
subsequently with the consent of the tenant or for violation
of the tenant’s duties as provided in RCW 59.20.140. The
tenant shall be given written notice to cease the rule violation immediately. The notice shall state that failure to cease
the violation of the rule or any subsequent violation of that
or any other rule shall result in termination of the tenancy,
and that the tenant shall vacate the premises within fifteen
days: PROVIDED, That for a periodic violation the notice
shall also specify that repetition of the same violation shall
result in termination: PROVIDED FURTHER, That in the
case of a violation of a "material change" in park rules with
respect to pets, tenants with minor children living with them,
or recreational facilities, the tenant shall be given written
notice under this chapter of a six month period in which to
comply or vacate;
(b) Nonpayment of rent or other charges specified in the
rental agreement, upon five days written notice to pay rent
and/or other charges or to vacate;
(c) Conviction of the tenant of a crime, commission of
which threatens the health, safety, or welfare of the other
mobile home park tenants. The tenant shall be given written
notice of a fifteen day period in which to vacate;
(d) Failure of the tenant to comply with local ordinances
and state laws and regulations relating to mobile homes,
manufactured homes, or park models or mobile home,
manufactured homes, or park model living within a reasonable time after the tenant’s receipt of notice of such noncompliance from the appropriate governmental agency;
(e) Change of land use of the mobile home park
including, but not limited to, conversion to a use other than
for mobile homes, manufactured homes, or park models or
conversion of the mobile home park to a mobile home park
cooperative or mobile home park subdivision: PROVIDED,
That the landlord shall give the tenants twelve months’
notice in advance of the effective date of such change,
except that for the period of six months following April 28,
1989, the landlord shall give the tenants eighteen months’
notice in advance of the proposed effective date of such
change;
(f) Engaging in "criminal activity." "Criminal activity"
means a criminal act defined by statute or ordinance that
threatens the health, safety, or welfare of the tenants. A
park owner seeking to evict a tenant or occupant under this
subsection need not produce evidence of a criminal conviction, even if the alleged misconduct constitutes a criminal
offense. Notice from a law enforcement agency of criminal
activity constitutes sufficient grounds, but not the only
grounds, for an eviction under this subsection. Notification
(2002 Ed.)
Manufactured/Mobile Home Landlord-Tenant Act
of the seizure of illegal drugs under RCW 59.20.155 is
evidence of criminal activity and is grounds for an eviction
under this subsection. The requirement that any tenant or
occupant register as a sex offender under RCW 9A.44.130
is grounds for eviction under this subsection. If criminal
activity is alleged to be a basis of termination, the park
owner may proceed directly to an unlawful detainer action;
(g) The tenant’s application for tenancy contained a
material misstatement that induced the park owner to
approve the tenant as a resident of the park, and the park
owner discovers and acts upon the misstatement within one
year of the time the resident began paying rent;
(h) If the landlord serves a tenant three fifteen-day
notices within a twelve-month period to comply or vacate for
failure to comply with the material terms of the rental
agreement or park rules. The applicable twelve-month
period shall commence on the date of the first violation;
(i) Failure of the tenant to comply with obligations
imposed upon tenants by applicable provisions of municipal,
county, and state codes, statutes, ordinances, and regulations,
including chapter 59.20 RCW. The landlord shall give the
tenant written notice to comply immediately. The notice
must state that failure to comply will result in termination of
the tenancy and that the tenant shall vacate the premises
within fifteen days;
(j) The tenant engages in disorderly or substantially
annoying conduct upon the park premises that results in the
destruction of the rights of others to the peaceful enjoyment
and use of the premises. The landlord shall give the tenant
written notice to comply immediately. The notice must state
that failure to comply will result in termination of the
tenancy and that the tenant shall vacate the premises within
fifteen days;
(k) The tenant creates a nuisance that materially affects
the health, safety, and welfare of other park residents. The
landlord shall give the tenant written notice to cease the
conduct that constitutes a nuisance immediately. The notice
must state that failure to cease the conduct will result in
termination of the tenancy and that the tenant shall vacate
the premises in five days;
(l) Any other substantial just cause that materially
affects the health, safety, and welfare of other park residents.
The landlord shall give the tenant written notice to comply
immediately. The notice must state that failure to comply
will result in termination of the tenancy and that the tenant
shall vacate the premises within fifteen days; or
(m) Failure to pay rent by the due date provided for in
the rental agreement three or more times in a twelve-month
period, commencing with the date of the first violation, after
service of a five-day notice to comply or vacate.
(2) Within five days of a notice of eviction as required
by subsection (1)(a) of this section, the landlord and tenant
shall submit any dispute to mediation. The parties may
agree in writing to mediation by an independent third party
or through industry mediation procedures. If the parties
cannot agree, then mediation shall be through industry
mediation procedures. A duty is imposed upon both parties
to participate in the mediation process in good faith for a
period of ten days for an eviction under subsection (1)(a) of
this section. It is a defense to an eviction under subsection
(1)(a) of this section that a landlord did not participate in the
mediation process in good faith.
(2002 Ed.)
59.20.080
(3) Chapters 59.12 and 59.18 RCW govern the eviction
of recreational vehicles from mobile home parks. [1999 c
359 § 10; 1998 c 118 § 2; 1993 c 66 § 19; 1989 c 201 § 12;
1988 c 150 § 5; 1984 c 58 § 4; 1981 c 304 § 21; 1979 ex.s.
c 186 § 6; 1977 ex.s. c 279 § 8.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
Severability—1984 c 58: See note following RCW 59.20.200.
Severability—1981 c 304: See note following RCW 26.16.030.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.090 Term of rental agreements—Renewal—
Nonrenewal—Termination—Notices. (1) Unless otherwise
agreed rental agreements shall be for a term of one year.
Any rental agreement of whatever duration shall be automatically renewed for the term of the original rental agreement,
unless a different specified term is agreed upon.
(2) A landlord seeking to increase the rent upon
expiration of the term of a rental agreement of any duration
shall notify the tenant in writing three months prior to the
effective date of any increase in rent.
(3) A tenant shall notify the landlord in writing one
month prior to the expiration of a rental agreement of an
intention not to renew.
(4)(a) The tenant may terminate the rental agreement
upon thirty days written notice whenever a change in the
location of the tenant’s employment requires a change in his
residence, and shall not be liable for rental following such
termination unless after due diligence and reasonable effort
the landlord is not able to rent the mobile home lot at a fair
rental. If the landlord is not able to rent the lot, the tenant
shall remain liable for the rental specified in the rental
agreement until the lot is rented or the original term ends;
(b) Any tenant who is a member of the armed forces
may terminate a rental agreement with less than thirty days
notice if he receives reassignment orders which do not allow
greater notice. [1998 c 118 § 3; 1980 c 152 § 2; 1979 ex.s.
c 186 § 7; 1977 ex.s. c 279 § 9.]
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.100 Improvements. Improvements, except a
natural lawn, purchased and installed by a tenant on a mobile
home lot shall remain the property of the tenant even though
affixed to or in the ground and may be removed or disposed
of by the tenant prior to the termination of the tenancy:
PROVIDED, That a tenant shall leave the mobile home lot
in substantially the same or better condition than upon taking
possession. [1977 ex.s. c 279 § 10.]
59.20.110 Attorney’s fees and costs. In any action
arising out of this chapter, the prevailing party shall be
entitled to reasonable attorney’s fees and costs. [1977 ex.s.
c 279 § 11.]
59.20.120 Venue. Venue for any action arising under
this chapter shall be in the district or superior court of the
county in which the mobile home lot is located. [1977 ex.s.
c 279 § 12.]
[Title 59 RCW—page 33]
59.20.130
Title 59 RCW: Landlord and Tenant
59.20.130 Duties of landlord. It shall be the duty of
the landlord to:
(1) Comply with codes, statutes, ordinances, and
administrative rules applicable to the mobile home park;
(2) Maintain the common premises and prevent the
accumulation of stagnant water and to prevent the detrimental effects of moving water when such condition is not the
fault of the tenant;
(3) Keep any shared or common premises reasonably
clean, sanitary, and safe from defects to reduce the hazards
of fire or accident;
(4) Keep all common premises of the mobile home
park, and vacant mobile home lots, not in the possession of
tenants, free of weeds or plant growth noxious and detrimental to the health of the tenants and free from potentially
injurious or unsightly objects and condition;
(5) Exterminate or make a reasonable effort to exterminate rodents, vermin, or other pests dangerous to the health
and safety of the tenant whenever infestation exists on the
common premises or whenever infestation occurs in the
interior of a mobile home, manufactured home, or park
model as a result of infestation existing on the common
premises;
(6) Maintain and protect all utilities provided to the
mobile home, manufactured home, or park model in good
working condition. Maintenance responsibility shall be
determined at that point where the normal mobile home,
manufactured home, or park model utilities "hook-ups"
connect to those provided by the landlord or utility company;
(7) Respect the privacy of the tenants and shall have no
right of entry to a mobile home, manufactured home, or park
model without the prior written consent of the occupant,
except in case of emergency or when the occupant has
abandoned the mobile home, manufactured home, or park
model. Such consent may be revoked in writing by the
occupant at any time. The ownership or management shall
have a right of entry upon the land upon which a mobile
home, manufactured home, or park model is situated for
maintenance of utilities, to insure compliance with applicable
codes, statutes, ordinances, administrative rules, and the
rental agreement and the rules of the park, and protection of
the mobile home park at any reasonable time or in an
emergency, but not in a manner or at a time which would
interfere with the occupant’s quiet enjoyment. The ownership or management shall make a reasonable effort to notify
the tenant of their intention of entry upon the land which a
mobile home, manufactured home, or park model is located
prior to entry;
(8) Allow tenants freedom of choice in the purchase of
goods and services, and not unreasonably restrict access to
the mobile home park for such purposes;
(9) Maintain roads within the mobile home park in good
condition; and
(10) Notify each tenant within five days after a petition
has been filed by the landlord for a change in the zoning of
the land where the mobile home park is located and make a
description of the change available to the tenant.
A landlord shall not have a duty to repair a defective
condition under this section, nor shall any defense or remedy
be available to the tenant under this chapter, if the defective
condition complained of was caused by the conduct of the
tenant, the tenant’s family, invitee, or other person acting
[Title 59 RCW—page 34]
under the tenant’s control, or if a tenant unreasonably fails
to allow the landlord access to the property for purposes of
repair. [1999 c 359 § 11; 1993 c 66 § 20; 1984 c 58 § 5;
1979 ex.s. c 186 § 8.]
Severability—1984 c 58: See note following RCW 59.20.200.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
Smoke detection devices required in dwelling units: RCW 48.48.140.
59.20.135 Maintenance of permanent structures—
Findings and declarations—Definition. (1) The legislature
finds that some mobile home park owners transfer the responsibility for the upkeep of permanent structures within
the mobile home park to the park tenants. This transfer
sometimes occurs after the permanent structures have been
allowed to deteriorate. Many mobile home parks consist
entirely of senior citizens who do not have the financial resources or physical capability to make the necessary repairs
to these structures once they have fallen into disrepair. The
inability of the tenants to maintain permanent structures can
lead to significant safety hazards to the tenants as well as to
visitors to the mobile home park. The legislature therefore
finds and declares that it is in the public interest and necessary for the public health and safety to prohibit mobile home
park owners from transferring the duty to maintain permanent structures in mobile home parks to the tenants.
(2) A mobile home park owner is prohibited from
transferring responsibility for the maintenance or care of
permanent structures within the mobile home park to the
tenants of the park. A provision within a rental agreement
or other document transferring responsibility for the maintenance or care of permanent structures within the mobile
home park to the park tenants is void.
(3) A "permanent structure" for purposes of this section
includes the clubhouse, carports, storage sheds, or other
permanent structure. A permanent structure does not include
structures built or affixed by a tenant. A permanent structure includes only those structures that were provided as
amenities to the park tenants.
(4) Nothing in this section shall be construed to prohibit
a park owner from requiring a tenant to maintain his or her
mobile home, manufactured home, or park model or yard.
Nothing in this section shall be construed to prohibit a park
owner from transferring responsibility for the maintenance or
care of permanent structures within the mobile home park to
an organization of park tenants or to an individual park
tenant when requested by the tenant organization or individual tenant. [1999 c 359 § 12; 1994 c 30 § 1.]
Effective date—1994 c 30: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 21, 1994]." [1994 c 30 § 2.]
59.20.140 Duties of tenant. It shall be the duty of the
tenant to pay the rental amount at such times and in such
amounts as provided for in the rental agreement or as
otherwise provided by law and comply with all obligations
imposed upon tenants by applicable provisions of all
municipal, county, and state codes, statutes, ordinances and
regulations, and in addition the tenant shall:
(1) Keep the mobile home lot which he occupies and
uses as clean and sanitary as the conditions of the premises
permit;
(2002 Ed.)
Manufactured/Mobile Home Landlord-Tenant Act
(2) Properly dispose of all rubbish, garbage, and other
organic or flammable waste, in a clean and sanitary manner
at reasonable and regular intervals, and assume all costs of
extermination and fumigation for infestation caused by the
tenant on the tenant’s leased premises;
(3) Not intentionally or negligently destroy, deface,
damage, impair, or remove any facilities, equipment,
furniture, furnishings, fixtures or appliances provided by the
landlord, or permit any member of his family, invitee, or
licensee, or any person acting under his control to do so;
(4) Not permit a nuisance or common waste; and
(5) Not engage in drug-related activities as defined in
RCW 59.20.080. [1988 c 150 § 6; 1979 ex.s. c 186 § 9.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.145 Live-in care provider—Not a tenant—
Agreements—Guest fee. A tenant in a mobile home park
may share his or her mobile home, manufactured home, or
park model with any person over eighteen years of age, if
that person is providing live-in home health care or live-in
hospice care to the tenant under an approved plan of
treatment ordered by the tenant’s physician. The live-in care
provider is not considered a tenant of the park and shall have
no rights of tenancy in the park. Any agreement between
the tenant and the live-in care provider does not change the
terms and conditions of the rental agreement between the
landlord and the tenant. The live-in care provider shall
comply with the rules of the mobile home park, the rental
agreement, and this chapter. The landlord may not charge
a guest fee for the live-in care provider. [1999 c 359 § 13;
1993 c 152 § 1.]
59.20.150 Service of notice on landlord or tenant.
(1) Any notice required by this chapter to be given to a
tenant shall be served on behalf of the landlord: (a) By
delivering a copy personally to the tenant; or (b) if the tenant
is absent from the mobile home, manufactured home, or park
model by affixing a copy of the notice in a conspicuous
place on the mobile home, manufactured home, or park
model and also sending a copy through the mail addressed
to the tenant at the tenant’s last known address.
(2) Any notice required by this chapter to be given to
the landlord shall be served by the tenant in the same
manner as provided for in subsection (1) of this section, or
by mail to the landlord at such place as shall be expressly
provided in the rental agreement.
(3) The landlord shall state in any notice of eviction
required by RCW 59.20.080(1) as now or hereafter amended
the specific reason for eviction in a clear and concise
manner. [1999 c 359 § 14; 1979 ex.s. c 186 § 10.]
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.155 Seizure of illegal drugs—Notification of
landlord. Any law enforcement agency which seizes a
legend drug pursuant to a violation of chapter 69.41 RCW,
a controlled substance pursuant to a violation of chapter
69.50 RCW, or an imitation controlled substance pursuant to
a violation of chapter 69.52 RCW, shall make a reasonable
attempt to discover the identity of the landlord and shall
(2002 Ed.)
59.20.140
notify the landlord in writing, at the last address listed in the
property tax records and at any other address known to the
law enforcement agency, of the seizure and the location of
the seizure of the illegal drugs or substances. [1988 c 150
§ 12.]
Legislative findings—Severability—1988 c 150: See notes following
RCW 59.18.130.
59.20.160 Moneys paid as deposit or security for
performance by tenant—Written rental agreement to
specify terms and conditions for retention by landlord.
If any moneys are paid to the landlord by the tenant as a
deposit or as security for performance of the tenant’s
obligations in a written rental agreement, such rental
agreement shall include the terms and conditions under
which the deposit or portion thereof may be withheld by the
landlord upon termination of the rental agreement. If all or
part of the deposit may be withheld to indemnify the landlord for damages to the mobile home space for which the
tenant is responsible, the rental agreement shall so specify.
It is unlawful to charge or collect a deposit or security for
performance if the parties have not entered into a written
rental agreement. [1984 c 58 § 17; 1979 ex.s. c 186 § 11.]
Severability—1984 c 58: See note following RCW 59.20.200.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.170 Moneys paid as deposit or security for
performance by tenant—Deposit by landlord in trust
account—Receipt—Claims. (1) All moneys paid to the
landlord by the tenant as a deposit as security for performance of the tenant’s obligations in a rental agreement shall
promptly be deposited by the landlord in a trust account,
maintained by the landlord for the purpose of holding such
security deposits for tenants of the landlord, in a bank,
savings and loan association, mutual savings bank, or
licensed escrow agent located in Washington. Except as
provided in subsection (2) of this section, unless otherwise
agreed in writing, the landlord shall be entitled to receipt of
interest paid on such trust account deposits. The landlord
shall provide the tenant with a written receipt for the deposit
and shall provide written notice of the name and address and
location of the depository and any subsequent change
thereof. If during a tenancy the status of landlord is transferred to another, any sums in the deposit trust account
affected by such transfer shall simultaneously be transferred
to an equivalent trust account of the successor landlord, and
the successor landlord shall promptly notify the tenant of the
transfer and of the name, address and location of the new
depository. The tenant’s claim to any moneys paid under
this section shall be prior to that of any creditor of the
landlord, including a trustee in bankruptcy or receiver, even
if such moneys are commingled.
(2) All moneys paid, in excess of two months’ rent on
the mobile home lot, to the landlord by the tenant as a
deposit as security for performance of the tenant’s obligations in a rental agreement shall be deposited into an
interest-bearing trust account for the particular tenant. The
interest accruing on the deposit in the account, minus fees
charged to administer the account, shall be paid to the tenant
on an annual basis. All other provisions of subsection (1) of
[Title 59 RCW—page 35]
59.20.170
Title 59 RCW: Landlord and Tenant
this section shall apply to deposits under this subsection.
[1999 c 359 § 15; 1979 ex.s. c 186 § 12.]
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.180 Moneys paid as deposit or security for
performance by tenant—Statement and notice of basis
for retention. Within fourteen days after the termination of
the rental agreement and vacation of the mobile home space,
the landlord shall give a full and specific statement of the
basis for retaining any of the deposit together with the
payment of any refund due the tenant under the terms and
conditions of the rental agreement. No portion of any
deposit shall be withheld on account of wear resulting from
ordinary use of the mobile home space.
The statement shall be delivered to the tenant personally
or by mail to the last known address. If the landlord fails to
give such statement together with any refund due the tenant
within the time limits specified above such landlord shall be
liable to the tenant for the full amount of the refund due.
Nothing in this chapter shall preclude the landlord from
proceeding against, and the landlord shall have the right to
proceed against a tenant to recover sums exceeding the
amount of the tenant’s damage or security deposit for
damage to the property for which the tenant is responsible.
[1984 c 58 § 11; 1979 ex.s. c 186 § 13.]
Severability—1984 c 58: See note following RCW 59.20.200.
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
59.20.190 Health and sanitation standards—
Penalties. The state board of health shall adopt rules on or
before January 1, 1982, setting health and sanitation standards for mobile home parks. Such rules shall be enforced
by the city, county, city-county, or district health officer of
the jurisdiction in which the mobile home park is located,
upon notice of a violation to such health officer. Failure to
remedy the violation after enforcement efforts are made may
result in a fine being imposed on the park owner, or tenant
as may be applicable, by the enforcing governmental body
of up to one hundred dollars per day, depending on the
degree of risk of injury or illness to persons in or around the
park. [1988 c 126 § 1; 1981 c 304 § 22.]
Severability—1981 c 304: See note following RCW 26.16.030.
59.20.200 Landlord—Failure to carry out duties—
Notice from tenant—Time limits for landlord’s remedial
action. If at any time during the tenancy the landlord fails
to carry out the duties required by RCW 59.20.130, the
tenant may, in addition to pursuit of remedies otherwise
provided the tenant by law, deliver written notice to the
landlord, which notice shall specify the property involved,
the name of the owner, if known, and the nature of the
defective condition. For the purposes of this chapter, a
reasonable time for the landlord to commence remedial
action after receipt of such notice by the tenant shall be,
except where circumstances are beyond the landlord’s
control;
(1) Not more than twenty-four hours, where the defective condition is imminently hazardous to life;
(2) Not more than forty-eight hours, where the landlord
fails to provide water or heat;
[Title 59 RCW—page 36]
(3) Subject to the provisions of subsections (1) and (2)
of this section, not more than seven days in the case of a
repair under RCW 59.20.130(3);
(4) Not more than thirty days in all other cases.
In each instance the burden shall be on the landlord to
see that remedial work under this section is completed with
reasonable promptness.
Where circumstances beyond the landlord’s control,
including the availability of financing, prevent the landlord
from complying with the time limitations set forth in this
section, the landlord shall endeavor to remedy the defective
condition with all reasonable speed. [1984 c 58 § 6.]
Severability—1984 c 58: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 58 § 18.]
59.20.210 Landlord—Failure to carry out duties—
Repairs effected by tenant—Bids—Notice—Deduction of
cost from rent—Limitations. (1) If at any time during the
tenancy, the landlord fails to carry out any of the duties
imposed by RCW 59.20.130, and notice of the defect is
given to the landlord pursuant to RCW 59.20.200, the tenant
may submit to the landlord or the landlord’s designated
agent by certified mail or in person at least two bids to
perform the repairs necessary to correct the defective
condition from licensed or registered persons, or if no
licensing or registration requirement applies to the type of
work to be performed, from responsible persons capable of
performing such repairs. Such bids may be submitted to the
landlord at the same time as notice is given pursuant to
RCW 59.20.200.
(2) If the landlord fails to commence repair of the
defective condition within a reasonable time after receipt of
notice from the tenant, the tenant may contract with the
person submitting the lowest bid to make the repair, and
upon the completion of the repair and an opportunity for
inspection by the landlord or the landlord’s designated agent,
the tenant may deduct the cost of repair from the rent in an
amount not to exceed the sum expressed in dollars representing one month’s rental of the tenant’s mobile home space in
any calendar year. When, however, the landlord is required
to begin remedying the defective condition within thirty days
under RCW 59.20.200, the tenant cannot contract for repairs
for at least fifteen days following receipt of bids by the
landlord. The total costs of repairs deducted by the tenant
in any calendar year under this subsection shall not exceed
the sum expressed in dollars representing one month’s rental
of the tenant’s mobile home space.
(3) Two or more tenants shall not collectively initiate
remedies under this section. Remedial action under this
section shall not be initiated for conditions in the design or
construction existing in a mobile home park before June 7,
1984.
(4) The provisions of this section shall not:
(a) Create a relationship of employer and employee
between landlord and tenant; or
(b) Create liability under the worker’s compensation act;
or
(c) Constitute the tenant as an agent of the landlord for
the purposes of mechanics’ and materialmen’s liens under
chapter 60.04 RCW.
(2002 Ed.)
Manufactured/Mobile Home Landlord-Tenant Act
(5) Any repair work performed under this section shall
comply with the requirements imposed by any applicable
code, statute, ordinance, or rule. A landlord whose property
is damaged because of repairs performed in a negligent
manner may recover the actual damages in an action against
the tenant.
(6) Nothing in this section shall prevent the tenant from
agreeing with the landlord to undertake the repairs in return
for cash payment or a reasonable reduction in rent, the
agreement to be between the parties, and this agreement does
not alter the landlord’s obligations under this chapter. [1999
c 359 § 16; 1984 c 58 § 8.]
59.20.210
59.20.240 Payment of rent condition to exercising
remedies. The tenant shall be current in the payment of rent
including all utilities which the tenant has agreed in the
rental agreement to pay before exercising any of the remedies accorded the tenant under the provisions of this chapter:
PROVIDED, That this section shall not be construed as
limiting the tenant’s civil remedies for negligent or intentional damages: PROVIDED FURTHER, That this section shall
not be construed as limiting the tenant’s right in an unlawful
detainer proceeding to raise the defense that there is no rent
due and owing. [1984 c 58 § 7.]
Severability—1984 c 58: See note following RCW 59.20.200.
Severability—1984 c 58: See note following RCW 59.20.200.
59.20.220 Landlord—Failure to carry out duties—
Judgment by court or arbitrator for diminished rental
value and repair costs—Enforcement of judgment—
Reduction in rent. (1) If a court or an arbitrator determines
that:
(a) A landlord has failed to carry out a duty or duties
imposed by RCW 59.20.130; and
(b) A reasonable time has passed for the landlord to
remedy the defective condition following notice to the
landlord under RCW 59.20.200 or such other time as may be
allotted by the court or arbitrator; the court or arbitrator may
determine the diminution in rental value of the property due
to the defective condition and shall render judgment against
the landlord for the rent paid in excess of such diminished
rental value from the time of notice of such defect to the
time of decision and any costs of repair done pursuant to
RCW 59.20.210 for which no deduction has been previously
made. Such decisions may be enforced as other judgments
at law and shall be available to the tenant as a set-off against
any existing or subsequent claims of the landlord.
The court or arbitrator may also authorize the tenant to
contract to make further corrective repairs. The court or
arbitrator shall specify a time period in which the landlord
may make such repairs before the tenant may contract for
such repairs. Such repairs shall not exceed the sum expressed in dollars representing one month’s rental of the
tenant’s mobile home space in any one calendar year.
(2) The tenant shall not be obligated to pay rent in
excess of the diminished rental value of the mobile home
space until such defect or defects are corrected by the
landlord or until the court or arbitrator determines otherwise.
[1999 c 359 § 17; 1984 c 58 § 9.]
Severability—1984 c 58: See note following RCW 59.20.200.
59.20.230 Defective condition—Unfeasible to
remedy defect—Termination of tenancy. If a court or
arbitrator determines a defective condition as described in
RCW 59.20.130 to be so substantial that it is unfeasible for
the landlord to remedy the defect within the time allotted by
RCW 59.20.200, and that the tenant should not remain on
the mobile home space in its defective condition, the court
or arbitrator may authorize the termination of the tenancy.
The court or arbitrator shall set a reasonable time for the
tenant to vacate the premises. [1984 c 58 § 10.]
Severability—1984 c 58: See note following RCW 59.20.200.
(2002 Ed.)
59.20.250 Mediation of disputes by independent
third party. The landlord and tenant may agree in writing
to submit any dispute arising under this chapter or under the
terms, conditions, or performance of the rental agreement to
mediation by an independent third party or to settle the
dispute through industry mediation procedures. The parties
may agree to submit any dispute to mediation before
exercising their right to arbitration under RCW 59.20.260.
[1984 c 58 § 12.]
Severability—1984 c 58: See note following RCW 59.20.200.
59.20.260 Arbitration—Authorized—Selection of
arbitrator—Procedure. (1) The landlord and tenant may
agree in writing to submit a controversy arising under this
chapter to arbitration. The agreement shall contain the name
of the arbitrator agreed upon by the parties or the process for
selecting the arbitrator.
(2) The arbitration shall be administered under this
chapter and chapter 7.04 RCW. [1984 c 58 § 13.]
Severability—1984 c 58: See note following RCW 59.20.200.
59.20.270 Arbitration—Application—Hearings—
Decisions. (1) If the landlord and tenant agree to submit the
matter to arbitration, the parties shall complete an application
for arbitration and deliver it to the selected arbitrator.
(2) The arbitrator shall schedule a hearing to be held no
later than ten days following receipt of the application.
(3) Reasonable notice of the hearings shall be given to
the parties, who shall appear and be heard either in person,
by counsel, or by other representative. Hearings shall be
informal and the rules of evidence prevailing in judicial
proceedings shall not be binding. Hearings may be public or
private. The proceedings may be recorded. Any oral or
documentary evidence and other data deemed relevant by the
arbitrator may be received in evidence. The arbitrator may
administer oaths, issue subpoenas, and require the attendance
of witnesses and the production of books, papers, contracts,
agreements, and documents deemed by the arbitrator to be
material to a just determination of the issues in dispute. If
a person refuses to obey a subpoena or refuses to be sworn
to testify, or any witness, party, or attorney is guilty of any
contempt while in attendance at any hearing held under this
section, the arbitrator may invoke the jurisdiction of any
district or superior court, and the court shall have jurisdiction
to issue an appropriate order. Failure to obey the order may
be punished by the court as contempt.
(4) Within five days after the hearing, the arbitrator
shall make a written decision upon the issues presented. A
[Title 59 RCW—page 37]
59.20.270
Title 59 RCW: Landlord and Tenant
copy of the decision shall be mailed by certified mail or
otherwise delivered to the parties or their designated representatives. The decision of the arbitrator shall be final and
binding upon all parties.
(5) If a dispute exists affecting more than one tenant in
a similar manner, the arbitrator may with the consent of the
parties consolidate the cases into a single proceeding.
(6) Decisions of the arbitrator shall be enforced or
appealed under chapter 7.04 RCW. [1984 c 58 § 14.]
Severability—1984 c 58: See note following RCW 59.20.200.
59.20.280 Arbitration—Fee. The administrative fee
for this arbitration procedure shall be established by agreement of the parties and the arbitrator and, unless otherwise
allocated by the arbitrator, shall be shared equally by the
parties. However, upon either party signing an affidavit to
the effect that the party is unable to pay the share of the fee,
that portion of the fee may be waived or deferred. [1984 c
58 § 15.]
Severability—1984 c 58: See note following RCW 59.20.200.
59.20.290 Arbitration—Completion of arbitration
after giving notice. When a party gives notice of intent to
arbitrate by giving reasonable notice to the other party, that
party shall, at the same time, arrange for arbitration of the
grievance in the manner provided for in this chapter. The
arbitration shall be completed before the rental due date next
occurring after the giving of notice under this section, but in
no event shall the arbitrator have less than ten days to
complete the arbitration process. [1984 c 58 § 16.]
Severability—1984 c 58: See note following RCW 59.20.200.
59.20.900 Severability—1977 ex.s. c 279. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 279 § 13.]
59.20.901 Effective date—1999 c 359. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect July 1, 1999.
[1999 c 359 § 21.]
Chapter 59.21
MOBILE HOME RELOCATION ASSISTANCE
Sections
59.21.005
59.21.006
59.21.010
59.21.021
59.21.025
59.21.030
59.21.040
59.21.050
59.21.055
59.21.070
Declaration—Purpose.
Declaration—Intent—Purpose—1995 c 122.
Definitions.
Relocation assistance—Eligibility after December 31,
1995—Amounts of assistance—First-come, first-serve
basis.
Relocation assistance—Sources other than fund—
Reductions.
Notice—Requirements.
Relocation assistance—Exemptions.
Relocation fund—Administration—Tenant’s application—
Form.
Fee imposed on transfer of title—Circumstances—Deposit—
Rules.
Rental agreement—Covenants.
[Title 59 RCW—page 38]
59.21.100
59.21.105
59.21.110
59.21.904
59.21.905
Tenants—Waiver of rights—Attorney approval.
Existing older mobile homes—Forced relocation—Code
waiver.
Violations—Penalty.
Severability—1995 c 122.
Effective date—1995 c 122.
59.21.005 Declaration—Purpose. The legislature
recognizes that it is quite costly to move a mobile home.
Many mobile home tenants need financial assistance in order
to move their mobile homes from a mobile home park. The
purpose of this chapter is to provide a mechanism for
assisting mobile home tenants to relocate to suitable alternative sites when the mobile home park in which they reside
is closed or converted to another use. [1995 c 122 § 2; 1991
c 327 § 8.]
59.21.006 Declaration—Intent—Purpose—1995 c
122. The legislature recognizes that, in the decision of
Guimont et al. v. Clarke, 121 Wn.2d (1993), the Washington
supreme court held the mobile home relocation assistance
program of chapter 59.21 RCW invalid for its monetary
burden on mobile home park-owners. However, during the
program’s operation, substantial funds were validly collected
from mobile home owners and accumulated in the mobile
home park relocation fund, created under the program. The
legislature intends to utilize those funds for the purposes for
which they were collected. The legislature also recognizes
that, for a period of almost three years since this state’s
courts invalidated the program, no such assistance was
available. The most needy tenants may have been forced to
sell or abandon rather than relocate their homes in the face
of park closures. Because the purpose of the program was
to assist relocation, those persons should be compensated in
a like manner to those who could afford to pay for relocation
without assistance. To that end, the legislature has: (1)
Repealed RCW 59.21.020, 59.21.035, 59.21.080, 59.21.085,
59.21.095, 59.21.900, 59.21.901, 59.21.902, and 59.21.903;
(2) amended RCW 59.21.010, 59.21.030, 59.21.040,
59.21.050, 59.21.070, *59.21.100, 59.21.110, and 43.84.092;
(3) reenacted without amendment RCW 59.21.005 and
**59.21.105; and (4) added new sections to chapter 59.21
RCW. [1995 c 122 § 1.]
Reviser’s note: *(1) RCW 59.21.100 and 59.21.110 were not
amended by 1995 c 122.
**(2) RCW 59.21.105 was reenacted and amended by 1995 c 122.
59.21.010 Definitions. (Effective until January 1,
2003.) Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
(1) "Director" means the director of the department of
community, trade, and economic development.
(2) "Department" means the department of community,
trade, and economic development.
(3) "Fund" means the mobile home park relocation fund
established under RCW 59.21.050.
(4) "Mobile home park" or "park" means real property
that is rented or held out for rent to others for the placement
of two or more mobile homes for the primary purpose of
production of income, except where the real property is
rented or held out for rent for seasonal recreational purpose
only and is not intended for year-round occupancy.
(2002 Ed.)
Mobile Home Relocation Assistance
(5) "Landlord" or "park-owner" means the owner of the
mobile home park that is being closed at the time relocation
assistance is provided.
(6) "Relocate" means to remove the mobile home from
the mobile home park being closed.
(7) "Relocation assistance" means the monetary assistance provided under this chapter. [1998 c 124 § 1; 1995 c
122 § 3; 1991 c 327 § 10; 1990 c 171 § 1; 1989 c 201 § 1.]
59.21.010 Definitions. (Effective January 1, 2003.)
Unless the context clearly requires otherwise, the definitions
in this section apply throughout this chapter.
(1) "Director" means the director of the department of
community, trade, and economic development.
(2) "Department" means the department of community,
trade, and economic development.
(3) "Fund" means the mobile home park relocation fund
established under RCW 59.21.050.
(4) "Mobile home park" or "park" means real property
that is rented or held out for rent to others for the placement
of two or more mobile homes for the primary purpose of
production of income, except where the real property is
rented or held out for rent for seasonal recreational purpose
only and is not intended for year-round occupancy.
(5) "Landlord" or "park-owner" means the owner of the
mobile home park that is being closed at the time relocation
assistance is provided.
(6) "Relocate" means to remove the mobile home from
the mobile home park being closed and to either reinstall it
in another location or to demolish it and purchase another
mobile/manufactured home constructed to the standards set
by the department of housing and urban development.
(7) "Relocation assistance" means the monetary assistance provided under this chapter. [2002 c 257 § 1; 1998 c
124 § 1; 1995 c 122 § 3; 1991 c 327 § 10; 1990 c 171 § 1;
1989 c 201 § 1.]
Effective date—2002 c 257: "This act takes effect January 1, 2003."
[2002 c 257 § 5.]
59.21.021 Relocation assistance—Eligibility after
December 31, 1995—Amounts of assistance—First-come,
first-serve basis. (Effective until January 1, 2003.) (1) If
a mobile home park is closed or converted to another use
after December 31, 1995, eligible tenants shall be entitled to
assistance on a first-come, first-serve basis. Payments shall
be made upon the department’s verification of eligibility,
subject to the availability of remaining funds.
(2) Assistance for closures occurring after December 31,
1995, is limited to persons who maintain ownership of and
relocate their mobile home.
(3) Persons who maintained ownership of and relocated
their mobile homes are entitled to up to seven thousand
dollars for a double-wide home and up to three thousand five
hundred dollars for a single-wide home.
(4) Any organization may apply to receive funds from
the mobile home park relocation fund, for use in combination with funds from public or private sources, toward
relocation of tenants eligible under this section. Funds
received from the mobile home park relocation fund shall
only be used for relocation assistance. [1998 c 124 § 2;
1995 c 122 § 5.]
(2002 Ed.)
59.21.010
59.21.021 Relocation assistance—Eligibility after
December 31, 1995—Amounts of assistance—Priority for
distribution of assistance. (Effective January 1, 2003.)
(1) If a mobile home park is closed or converted to another
use after December 31, 1995, eligible tenants shall be
entitled to assistance on a first-come, first-serve basis. The
department shall give priority for distribution of relocation
assistance to tenants residing in parks that are closed as a
result of park-owner fraud or as a result of health and safety
concerns as determined by the local board of health.
Payments shall be made upon the department’s verification
of eligibility, subject to the availability of remaining funds.
Eligibility for relocation assistance funds is limited to
low-income households. As used in this section, "lowincome household" means a single person, family, or
unrelated persons living together whose adjusted income is
less than eighty percent of the median family income,
adjusted for household size, for the county where the mobile
or manufactured home is located.
(2) Assistance for closures occurring after December 31,
1995, is limited to persons who maintain ownership of and
relocate their mobile home or who dispose of a home not
relocatable to a new site.
(3) Persons who removed and disposed of their mobile
home or maintained ownership of and relocated their mobile
homes are entitled to reimbursement of actual relocation
expenses up to seven thousand dollars for a double-wide
home and up to three thousand five hundred dollars for a
single-wide home.
(4) Any individual or organization may apply to receive
funds from the mobile home park relocation fund, for use in
combination with funds from public or private sources,
toward relocation of tenants eligible under this section.
Funds received from the mobile home park relocation fund
shall only be used for relocation assistance expenses or other
mobile/manufactured home ownership expenses, that include
down payment assistance, if the owners are not planning to
relocate their mobile home as long as their original home is
removed from the park. [2002 c 257 § 2; 1998 c 124 § 2;
1995 c 122 § 5.]
Effective date—2002 c 257: See note following RCW 59.21.010.
59.21.025 Relocation assistance—Sources other than
fund—Reductions. (1) If financial assistance for relocation
is obtained from sources other than the mobile home park
relocation fund established under this chapter, then the
relocation assistance provided to any person under this
chapter shall be reduced as necessary to ensure that no
person receives from all sources combined more than: (a)
That person’s actual cost of relocation; or (b) seven thousand
dollars for a double-wide mobile home and three thousand
five hundred dollars for a single-wide mobile home.
(2) When a person receives financial assistance for
relocation from a source other than the mobile home park
relocation assistance fund, then the assistance received from
the fund will be the difference between the maximum
amount to which a person is entitled under RCW
59.21.021(3) and the amount of assistance received from the
outside source.
(3) If the amount of assistance received from an outside
source exceeds the maximum amounts of assistance to which
[Title 59 RCW—page 39]
59.21.025
Title 59 RCW: Landlord and Tenant
a person is entitled under RCW 59.21.021(3), then that
person will not receive any assistance from the mobile home
park relocation assistance fund. [1998 c 124 § 3; 1995 c
122 § 6.]
59.21.030 Notice—Requirements. Notice required by
RCW 59.20.080 before park closure or conversion of the
park, whether twelve months or longer, shall be given to the
director and all tenants in writing, and posted at all park
entrances. A copy of the closure notice must be provided
with all month-to-month rental agreements signed after the
original closure notice date. Notice to the director must
include a good faith estimate of the timetable for removal of
the mobile homes and the reason for closure. Notice must
also be recorded in the office of the county auditor for the
county where the mobile home park is located. [1995 c 122
§ 7; 1990 c 171 § 3; 1989 c 201 § 3.]
59.21.040 Relocation assistance—Exemptions. A
tenant is not entitled to relocation assistance under this
chapter if: (1) The tenant has given notice to the landlord of
his or her intent to vacate the park and terminate the tenancy
before any written notice of closure pursuant to RCW
59.20.080(1)(e) has been given; (2) the tenant purchased a
mobile home already situated in the park or moved a mobile
home into the park after a written notice of closure pursuant
to RCW 59.20.090 has been given and the person received
actual prior notice of the change or closure; or (3) the tenant
receives assistance from an outside source that exceeds the
maximum amounts of assistance to which a person is entitled
under RCW 59.21.021(3). However, no tenant may be
denied relocation assistance under subsection (1) of this
section if the tenant has remained on the premises and
continued paying rent for a period of at least six months
after giving notice of intent to vacate and before receiving
formal notice of a closure or change of use. [1998 c 124 §
4; 1995 c 122 § 8; 1989 c 201 § 4.]
59.21.050 Relocation fund—Administration—
Tenant’s application—Form. (Effective until January 1,
2003.) (1) The existence of the mobile home park relocation
fund in the custody of the state treasurer is affirmed.
Expenditures from the fund may be used only for relocation
assistance awarded under this chapter. Only the director or
the director’s designee may authorize expenditures from the
fund. All relocation payments to tenants shall be made from
the fund. The fund is subject to allotment procedures under
chapter 43.88 RCW, but no appropriation is required for
expenditures.
(2) A park tenant is eligible for assistance under this
chapter only after an application is submitted by that tenant
or an organization acting on the tenant’s account under RCW
59.21.021(4) on a form approved by the director which shall
include:
(a) For those persons who maintained ownership of and
relocated their homes: (i) A copy of the notice from the
park-owner, or other adequate proof, that the tenancy is
terminated due to closure of the park or its conversion to
another use; (ii) a copy of the rental agreement then in force,
or other proof that the applicant was a tenant at the time of
notice of closure; (iii) a copy of the contract for relocating
[Title 59 RCW—page 40]
the home which includes the date of relocation, or other
proof of actual relocation expenses incurred on a date certain; and (iv) a statement of any other available assistance;
(b) For those persons who sold their homes and incurred
no relocation expenses: (i) A copy of the notice from the
park-owner, or other adequate proof, that the tenancy is
terminated due to closure of the park or its conversion to
another use; (ii) a copy of the rental agreement then in force,
or other proof that the applicant was a tenant at the time of
notice of closure; and (iii) a copy of the record of title
transfer issued by the department of licensing when the
tenant sold the home rather than relocate it due to park closure or conversion. [1998 c 124 § 5; 1995 c 122 § 9; 1991
sp.s. c 13 § 74; 1991 c 327 § 12; 1990 c 171 § 5; 1989 c
201 § 5.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
59.21.050 Relocation fund—Administration—
Tenant’s application—Form. (Effective January 1, 2003.)
(1) The existence of the mobile home park relocation fund
in the custody of the state treasurer is affirmed. Expenditures from the fund may be used only for relocation assistance awarded under this chapter. Only the director or the
director’s designee may authorize expenditures from the
fund. All relocation payments to tenants shall be made from
the fund. The fund is subject to allotment procedures under
chapter 43.88 RCW, but no appropriation is required for
expenditures.
(2) A park tenant is eligible for assistance under this
chapter only after an application is submitted by that tenant
or an organization acting on the tenant’s account under RCW
59.21.021(4) on a form approved by the director which shall
include:
(a) For those persons who maintained ownership of and
relocated their homes or removed their homes from the park:
(i) A copy of the notice from the park-owner, or other
adequate proof, that the tenancy is terminated due to closure
of the park or its conversion to another use; (ii) a copy of
the rental agreement then in force, or other proof that the
applicant was a tenant at the time of notice of closure; (iii)
a copy of the contract for relocating the home which
includes the date of relocation, or other proof of actual
relocation expenses incurred on a date certain; and (iv) a
statement of any other available assistance;
(b) For those persons who sold their homes and incurred
no relocation expenses: (i) A copy of the notice from the
park-owner, or other adequate proof, that the tenancy is
terminated due to closure of the park or its conversion to
another use; (ii) a copy of the rental agreement then in force,
or other proof that the applicant was a tenant at the time of
notice of closure; and (iii) a copy of the record of title
transfer issued by the department of licensing when the
tenant sold the home rather than relocate it due to park closure or conversion.
(3) The department may deduct a percentage amount of
the fee collected under RCW 59.21.055, not to exceed five
percent of the fees received, for administration expenses
incurred by the department. [2002 c 257 § 4; 1998 c 124 §
5; 1995 c 122 § 9; 1991 sp.s. c 13 § 74; 1991 c 327 § 12;
1990 c 171 § 5; 1989 c 201 § 5.]
(2002 Ed.)
Mobile Home Relocation Assistance
Effective date—2002 c 257: See note following RCW 59.21.010.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
59.21.055 Fee imposed on transfer of title—
Circumstances—Deposit—Rules. (Effective January 1,
2003.) (1) A one hundred dollar fee is imposed upon the
purchaser on every transfer of title issued under chapter
46.12 RCW on a mobile home one year old or more where
(a) the ownership of the mobile home changes; and (b) the
mobile home is located in a mobile home park. A transfer
of title does not include the addition or deletion of a spouse
co-owner or secured interest.
(2) Mobile homes with a sale price of less than five
thousand dollars are not subject to the fee imposed in
subsection (1) of this section.
(3) The department of licensing or its agents shall
collect the fee when processing an application for transfer of
title. The fee collected under this section shall be forwarded
to the state treasurer for deposit into the mobile home park
relocation fund created in this chapter. The department of
licensing may deduct a percentage amount, not to exceed
two percent of the fees collected, for the collection expenses
incurred by the department of licensing.
(4) The department of licensing and the state treasurer
may adopt rules necessary to carry out this section. [2002
c 257 § 3.]
Effective date—2002 c 257: See note following RCW 59.21.010.
59.21.070 Rental agreement—Covenants. If the
rental agreement includes a covenant by the landlord as
described in RCW 59.20.060(1)(g)(i), the covenant runs with
the land and is binding upon the purchasers, successors, and
assigns of the landlord. [1995 c 122 § 10; 1989 c 201 § 10.]
59.21.100 Tenants—Waiver of rights—Attorney
approval. A tenant may, with the written approval of his or
her attorney at law, waive or compromise their right to relocation assistance under this chapter. [1989 c 201 § 14.]
59.21.105 Existing older mobile homes—Forced
relocation—Code waiver. (1) The legislature finds that
existing older mobile homes provide affordable housing to
many persons, and that requiring these homes that are legally
located in mobile home parks to meet new fire, safety, and
construction codes because they are relocating due to the
closure or conversion of the mobile home park, compounds
the economic burden facing these tenants.
(2) Mobile homes that are relocated due to either the
closure or conversion of a mobile home park, may not be
required by any city or county to comply with the requirements of any applicable fire, safety, or construction code for
the sole reason of its relocation. This section shall only
apply if the original occupancy classification of the building
is not changed as a result of the move.
(3) This section shall not apply to mobile homes that are
substantially remodeled or rehabilitated, nor to any work
performed in compliance with installation requirements. For
the purpose of determining whether a moved mobile home
has been substantially remodeled or rebuilt, any cost relating
(2002 Ed.)
59.21.050
to preparation for relocation or installation shall not be
considered. [1995 c 122 § 11; 1991 c 327 § 16.]
59.21.110 Violations—Penalty. Any person who
intentionally violates, intentionally attempts to evade, or
intentionally evades the provisions of this chapter is guilty
of a misdemeanor. [1991 c 327 § 14; 1989 c 201 § 15.]
59.21.904 Severability—1995 c 122. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1995 c 122 § 14.]
59.21.905 Effective date—1995 c 122. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[April 20, 1995]. [1995 c 122 § 15.]
Chapter 59.22
OFFICE OF MOBILE HOME AFFAIRS—
RESIDENT-OWNED MOBILE HOME PARKS
Sections
59.22.010
59.22.020
59.22.030
59.22.032
Legislative findings.
Definitions.
Mobile home park purchase account.
Loans for mobile home park conversion costs—Resident
eligibility—Flexible repayment terms.
59.22.034 Loan duration—Rate of interest—Security—Administration
of loan.
59.22.036 Requirements for financing approval—Department’s duties.
59.22.038 Eligibility for loans—Amount of loans—Determining factors.
59.22.039 Technical assistance for mobile home park conversion.
59.22.050 Office of mobile home affairs—Duties.
59.22.070 Mobile home affairs account.
59.22.080 Transfer of title—Fee—Department of licensing—Rules.
59.22.085 Transfer of title—Fee supersedes other fee.
59.22.090 Manufactured housing task force—Duties—Membership.
Manufactured/mobile home landlord-tenant act: Chapter 59.20 RCW.
59.22.010 Legislative findings. (1) The legislature
finds:
(a) That manufactured housing and mobile home parks
provide a source of low-cost housing to the low income,
elderly, poor and infirmed, without which they could not
afford private housing; but rising costs of mobile home park
development and operation, as well as turnover in ownership,
has resulted in mobile home park living becoming unaffordable to the low income, elderly, poor and infirmed, resulting
in increased numbers of homeless persons, and persons who
must look to public housing and public programs, increasing
the burden on the state to meet the housing needs of its
residents;
(b) That state government can play a vital role in
addressing the problems confronted by mobile home park
residents by providing assistance which makes it possible for
mobile home park residents to acquire the mobile home
parks in which they reside and convert them to resident
ownership; and
[Title 59 RCW—page 41]
59.22.010
Title 59 RCW: Landlord and Tenant
(c) That to accomplish this purpose, information and
technical support shall be made available through the
department.
(2) Therefore, it is the intent of the legislature, in order
to maintain low-cost housing in mobile home parks to
benefit the low income, elderly, poor and infirmed, to
encourage and facilitate the conversion of mobile home
parks to resident ownership, to protect low-income mobile
home park residents from both physical and economic
displacement, to obtain a high level of private financing for
mobile home park conversions, and to help establish acceptance for resident-owned mobile home parks in the private
market. [1995 c 399 § 154; 1987 c 482 § 1.]
59.22.020 Definitions. The following definitions shall
apply throughout this chapter unless the context clearly
requires otherwise:
(1) "Account" means the mobile home affairs account
created under RCW 59.22.070.
(2) "Affordable" means that, where feasible, low-income
residents should not pay more than thirty percent of their
monthly income for housing costs.
(3) "Conversion costs" includes the cost of acquiring the
mobile home park, the costs of planning and processing the
conversion, the costs of any needed repairs or rehabilitation,
and any expenditures required by a government agency or
lender for the project.
(4) "Department" means the department of community,
trade, and economic development.
(5) "Fee" means the mobile home title transfer fee
imposed under RCW 59.22.080.
(6) "Fund" or "park purchase account" means the mobile
home park purchase account created pursuant to RCW
59.22.030.
(7) "Housing costs" means the total cost of owning,
occupying, and maintaining a mobile home and a lot or
space in a mobile home park.
(8) "Individual interest in a mobile home park" means
any interest which is fee ownership or a lesser interest which
entitles the holder to occupy a lot or space in a mobile home
park for a period of not less than either fifteen years or the
life of the holder. Individual interests in a mobile home
park include, but are not limited to, the following:
(a) Ownership of a lot or space in a mobile home park
or subdivision;
(b) A membership or shares in a stock cooperative, or
a limited equity housing cooperative; or
(c) Membership in a nonprofit mutual benefit corporation which owns, operates, or owns and operates the mobile
home park.
(9) "Low-income resident" means an individual or
household who resided in the mobile home park prior to
application for a loan pursuant to this chapter and with an
annual income at or below eighty percent of the median
income for the county of standard metropolitan statistical
area of residence. Net worth shall be considered in the
calculation of income with the exception of the resident’s
mobile/manufactured home which is used as their primary
residence.
(10) "Low-income spaces" means those spaces in a
mobile home park operated by a resident organization which
are occupied by low-income residents.
(11) "Mobile home park" means a mobile home park, as
defined in *RCW 59.20.030(4), or a manufactured home
park subdivision as defined by *RCW 59.20.030(6) created
by the conversion to resident ownership of a mobile home
park.
(12) "Resident organization" means a group of mobile
home park residents who have formed a nonprofit corporation, cooperative corporation, or other entity or organization
for the purpose of acquiring the mobile home park in which
they reside and converting the mobile home park to resident
ownership. The membership of a resident organization shall
include at least two-thirds of the households residing in the
mobile home park at the time of application for assistance
from the department.
(13) "Resident ownership" means, depending on the
context, either the ownership, by a resident organization, as
defined in this section, of an interest in a mobile home park
which entitles the resident organization to control the
operations of the mobile home park for a term of no less
than fifteen years, or the ownership of individual interests in
a mobile home park, or both.
(14) "Landlord" shall have the same meaning as it does
in RCW 59.20.030.
(15) "Manufactured housing" means residences constructed on one or more chassis for transportation, and which
bear an insignia issued by a state or federal regulatory
agency indication compliance with all applicable construction
standards of the United States department of housing and
urban development.
(16) "Mobile home" shall have the same meaning as it
does in RCW 46.04.302.
(17) "Mobile home lot" shall have the same meaning as
it does in RCW 59.20.030.
(18) "Tenant" means a person who rents a mobile home
lot for a term of one month or longer and owns the mobile
home on the lot. [1995 c 399 § 155; 1993 c 66 § 9; 1991
c 327 § 2; 1988 c 280 § 3; 1987 c 482 § 2.]
*Reviser’s note: RCW 59.20.030 was amended by 1999 c 359 § 2,
changing subsection (4) to subsection (6) and subsection (6) to subsection
(8).
59.22.030 Mobile home park purchase account.
The mobile home park purchase account is hereby created in
the state treasury. The purpose of this account is to provide
loans according to the provisions of this chapter and for related administrative costs of the department. The account
shall include appropriations, loan repayments, and any other
money from private sources made available to the state for
the purposes of this chapter. Owners of mobile home parks
shall not be assessed for the purposes of this account. [1991
sp.s. c 13 § 89; 1987 c 482 § 4.]
Reviser’s note: Substantial portions of 1987 c 482, authorizing loans
from the mobile home park purchase fund [account], were vetoed by the
governor.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
59.22.032 Loans for mobile home park conversion
costs—Resident eligibility—Flexible repayment terms.
[Title 59 RCW—page 42]
(2002 Ed.)
Office of Mobile Home Affairs—Resident-Owned Mobile Home Parks
59.22.032
(1) The department may make loans from the fund to
resident organizations for the purpose of financing mobile
home park conversion costs. The department may only
make loans to resident organizations of mobile home parks
where a significant portion of the residents are low-income
or infirm.
(2) The department may make loans from the fund to
low-income residents of mobile home parks converted to
resident ownership or which plan to convert to resident
ownership. The purpose of providing loans under this
subsection is to reduce the monthly housing costs for lowincome residents to an affordable level. The department
may establish flexible repayment terms for loans provided
under this subsection if the terms are necessary to reduce the
monthly housing costs for low-income residents to an
affordable level, and do not represent an unacceptable risk
to the security of the fund. Flexible repayment terms may
include, but are not limited to, graduated payment schedules
with negative amortization. [1993 c 66 § 10.]
(1) The reasonableness of the conversion costs relating
to repairs, rehabilitation, construction, or other costs;
(2) The number of available and affordable mobile
home park spaces in the general area;
(3) The adequacy of the management plan for the
conversion and operation of the park; and
(4) Other factors established by the department by rule.
[1993 c 66 § 13.]
59.22.034 Loan duration—Rate of interest—
Security—Administration of loan. (1) Any loans granted
under RCW 59.22.032 shall be for a term of no more than
thirty years.
(2) The department shall establish the rate of interest to
be paid on loans made from the fund.
(3) The department shall obtain security for loans made
under this chapter. The security may be in the form of a
note, deed of trust, assignment of lease, or other form of
security on real or personal property which the department
determines is adequate to protect the security of the fund and
the interests of the state. To the extent applicable, the documents evidencing the security shall be recorded or referenced
in a recorded document in the office of the county auditor of
the county in which the mobile home park is located.
(4) The department may contract with private lenders,
nonprofit organizations, or units of local government to
provide program administration and to service loans made
under this chapter. [1993 c 66 § 11.]
59.22.050 Office of mobile home affairs—Duties.
(1) In order to provide general assistance to mobile home
resident organizations, park owners, and landlords and
tenants, the department shall establish an office of mobile
home affairs which will serve as the coordinating office
within state government for matters relating to mobile homes
or manufactured housing.
This office will provide an ombudsman service to
mobile home park owners and mobile home tenants with
respect to problems and disputes between park owners and
park residents and to provide technical assistance to resident
organizations or persons in the process of forming a resident
organization pursuant to chapter 59.22 RCW. The office
will keep records of its activities in this area.
(2) The office shall perform all the consumer complaint
and related functions of the state administrative agency that
are required for purposes of complying with the regulations
established by the federal department of housing and urban
development for manufactured housing, including the preparation and submission of the state administrative plan.
(3) The office shall administer the mobile home relocation assistance program established in chapter 59.21 RCW,
including verifying the eligibility of tenants for relocation
assistance. [1991 c 327 § 3; 1989 c 294 § 1; 1988 c 280 §
2.]
59.22.036 Requirements for financing approval—
Department’s duties. Before providing financing under this
chapter, the department shall require:
(1) Verification that at least two-thirds of the households
residing in the mobile home park support the plan for
acquisition and conversion of the park;
(2) Verification that either no park residents will be
involuntarily displaced as a result of the park conversion, or
the impacts of displacement will be mitigated so as not to
impose a hardship on the displaced resident;
(3) Projected costs and sources of funds for conversion
activities;
(4) A projected operating budget for the park during and
after conversion; and
(5) A management plan for the conversion and operation
of the park. [1993 c 66 § 12.]
59.22.038 Eligibility for loans—Amount of loans—
Determining factors. The department shall consider the
following factors in determining the eligibility for, and the
amount, of loans made under this chapter:
(2002 Ed.)
59.22.039 Technical assistance for mobile home
park conversion. The department may provide technical
assistance to resident organizations who wish to convert the
mobile home park in which they reside to resident ownership. Technical assistance does not include details connected
with the sale or conversion of a mobile home park which
would require the department to act in a representative
capacity, or the drafting of documents affecting legal or
property rights of the parties by the department. [1993 c 66
§ 14.]
59.22.070 Mobile home affairs account. There is
created in the custody of the state treasurer a special account
known as the mobile home affairs account.
Disbursements from this special account shall be as
follows:
(1) For the two-year period beginning July 1, 1988,
forty thousand dollars, or so much thereof as may be
necessary for costs incurred in registering landlords and collecting fees, and thereafter five thousand dollars per year for
that purpose.
(2) All remaining amounts shall be remitted to the
department for the purpose of implementing RCW 59.22.050
and *59.22.060. [1995 c 399 § 156; 1989 c 201 § 8; 1988
c 280 § 5.]
[Title 59 RCW—page 43]
59.22.070
Title 59 RCW: Landlord and Tenant
*Reviser’s note: RCW 59.22.060 was repealed by 1996 c 88 § 1,
effective July 1, 1996.
59.22.080 Transfer of title—Fee—Department of
licensing—Rules. (1) There is hereby imposed a fee of
fifteen dollars on every transfer of title issued pursuant to
chapter 46.12 RCW on a new or used mobile home where
ownership of the mobile home is changed and on each
application for the elimination of title under chapter 65.20
RCW. A transfer of title does not include the addition or
deletion of a spouse co-owner or a secured interest. The
department of licensing or its agents shall collect the fee
when processing the application for transfer or elimination
of title. The fee collected under this section shall be
forwarded to the state treasurer. The state treasurer shall
deposit each fee collected in the mobile home affairs account
created by RCW 59.22.070.
(2) The department of licensing and the state treasurer
may enact any rules necessary to carry out this section.
[1991 c 327 § 1.]
59.22.085 Transfer of title—Fee supersedes other
fee. The fifteen-dollar fee imposed in RCW 59.22.080 on
the transfer or elimination of mobile home titles for deposit
in the mobile home affairs account, shall supersede the fifteen dollars collected in *RCW 59.21.060 for deposit into
the mobile home affairs account on July 1, 1991. [1991 c
327 § 7.]
*Reviser’s note: RCW 59.21.060 expired July 1, 1992.
59.22.090 Manufactured housing task force—
Duties—Membership. (1) A manufactured housing task
force is established to study and make recommendations
concerning the structure state government should use to
regulate manufactured housing in this state. In conducting
this study, the task force shall review the structures used in
other states, including those states with a commission
structure. The task force shall consider the report prepared
by the department of licensing, the department of labor and
industries, and the department of community, trade, and
economic development on consolidating mobile home-related
functions in conducting its study. The task force may not
consider any form of mobile home rent control, but shall
consider mobile home park siting and density regulatory
issues.
(2) The task force shall terminate on December 31,
1992.
(3) The task force shall consist of the following members:
(a) Two members of the house of representatives
appointed by the speaker of the house of representatives,
from different political caucuses;
(b) Two members of the senate appointed by the
president of the senate, from different political caucuses;
(c) Two members who represent mobile home park
owners, appointed by the governor;
(d) Two members who represent mobile home owners,
appointed by the governor;
(e) One member who represents mobile home manufacturers, appointed by the governor;
[Title 59 RCW—page 44]
(f) One member who represents mobile home dealers,
appointed by the governor;
(g) One member who represents mobile home transporters, appointed by the governor;
(h) One member who represents local building officials,
appointed by the governor;
(i) One member who is either an elected or appointed
government official of a county with a population of one
hundred thousand or more persons, appointed by the governor;
(j) One member who is either an elected or appointed
government official of a county with a population of less
than one hundred thousand persons, appointed by the
governor;
(k) One member who is either an elected or appointed
government official of a city with a population of thirty-five
thousand persons, appointed by the governor;
(l) One member who is either an elected or appointed
government official of a city with a population of less than
thirty-five thousand persons, appointed by the governor;
(m) One member who represents local health officials,
appointed by the governor; and
(n) The director, or the director’s designee from the department of community, trade, and economic development,
the department of licensing, the department of labor and
industries, and the attorney general’s office. The designees
shall be nonvoting, ex officio members of the task force.
(4) The members of the task force shall select the chair
or co-chairs of the task force.
(5) Staff assistance for the task force will be provided
by legislative staff and staff from the agencies or offices
listed in subsection (3)(n) of this section. [1998 c 245 §
105; 1991 c 327 § 4.]
Chapter 59.23
MOBILE HOME PARKS—RESIDENT OWNERSHIP
IN EVENT OF SALE
Sections
59.23.005
59.23.010
59.23.015
59.23.020
59.23.025
59.23.030
59.23.035
59.23.040
Findings—Intent.
Obligation of good faith.
Application of chapter—Definition of "notice."
Definitions.
Notice to qualified tenant organization of sale of mobile
home park—Time frame for negotiations—Terms—
Transfer or sale to relatives.
Improper notice by mobile home park owner—Sale may be
set aside—Attorneys’ fees.
Notice to mobile home park owner of sale of tenant’s mobile home—Time frame for negotiations—Terms—
Transfer or sale to relatives.
Improper notice by mobile home owner—Sale may be set
aside—Attorneys’ fees.
59.23.005 Findings—Intent. The legislature finds
that mobile home parks provide a significant source of
homeownership for many Washington residents, but increasing rents and low vacancy rates, as well as the pressure to
convert mobile home parks to other uses, increasingly make
mobile home park living insecure for mobile home owners.
The legislature also finds that many homeowners who reside
in mobile home parks are also those residents most in need
of reasonable security in the siting of their manufactured
(2002 Ed.)
Mobile Home Parks—Resident Ownership in Event of Sale
homes. It is the intent of the legislature to encourage and
facilitate the conversion of mobile home parks to resident
ownership in the event of a voluntary sale of the park.
[1993 c 66 § 1.]
59.23.010 Obligation of good faith. An obligation of
good faith is imposed on the parties in the conduct of
transactions affected by this chapter. Rights created by this
chapter are forfeited by any party failing to act in good faith.
Further obligations under this chapter on other parties are
also discharged by a failure to act in good faith. [1993 c 66
§ 2.]
59.23.015 Application of chapter—Definition of
"notice." If a qualified tenant organization gives written
notice to the mobile home park owner where the tenants
reside that they have a present and continuing desire to
purchase the mobile home park, the park may then be sold
only according to this chapter.
"Notice" for the purposes of this section means a
writing signed by sixty percent of the tenants in the park
indicating that they desire to participate in the purchase of
the park, and that they are contractually bound to the other
signators of the notice to participate by purchasing an
ownership interest that will entitle them to occupy a mobile
home space for the remainder of their life or for a term of
at least fifteen years. [1993 c 66 § 3.]
59.23.020 Definitions. (1) "Mobile home park" means
the same as defined in RCW 59.20.030.
(2)(a) The terms "sold" or "sale" for the purposes of this
chapter have their ordinary meaning and include: (i) A
conveyance, grant, assignment, quitclaim, or transfer of
ownership or title to real property and improvements that
comprise the mobile home park, or mobile homes, for a
valuable consideration; (ii) a contract for the conveyance,
grant, assignment, quitclaim, or transfer; (iii) a lease with an
option to purchase the real property and improvements, or
mobile home, or any estate or interest therein; or (iv) other
contract under which possession of the property is given to
the purchaser, or any other person by his or her direction,
where title is retained by the vendor as security for the
payment of the purchase price. These terms also include any
other transfer of the beneficial or equitable interest in the
mobile home park such as a transfer of equity stock or other
security evidencing ownership that results in a change in
majority interest ownership.
(b) The terms "sale" or "sold" do not include: (i) A
transfer by gift, devise, or inheritance; (ii) a transfer of a
leasehold interest other than of the type described in this
subsection; (iii) a cancellation or forfeiture of a vendee’s
interest in a contract for the sale of the mobile home park;
(iv) a deed in lieu of foreclosure of a mortgage; (v) the
assumption by a grantee of the balance owing on an obligation that is secured by a mortgage or deed in lieu of forfeiture of the vendee’s interest in a contract of sale where no
consideration passes otherwise; (vi) the partition of property
by tenants in common by agreement or as the result of a
court decree; (vii) a transfer, conveyance, or assignment of
property or interest in property from one spouse to the other
in accordance with the terms of a decree of divorce or
(2002 Ed.)
59.23.005
dissolution or in fulfillment of a property settlement agreement incident thereto; (viii) the assignment or other transfer
of a vendor’s interest in a contract for the sale of real
property, even though accompanied by a conveyance of the
vendor’s interest in the real property involved; (ix) transfers
by appropriation or decree in condemnation proceedings
brought by the United States, the state or any political
subdivision thereof, or a municipal corporation; (x) a
mortgage or other transfer of an interest in real property or
mobile home merely to secure a debt, or the assignment
thereof; (xi) a transfer or conveyance made under an order
of sale by the court in a mortgage or lien foreclosure
proceeding or upon execution of a judgment; (xii) a deed in
lieu of foreclosure to satisfy a mortgage; (xiii) a conveyance
to the federal housing administration or veterans’ administration by an authorized mortgagee made under a contract
of insurance or guarantee with the federal housing administration or veterans’ administration; (xiv) a transfer in
compliance with the terms of any lease or contract upon
which notice has already been given under this chapter, or
where the lease or contract was entered into before July 25,
1993; or (xv) a transfer to a corporation or partnership the
majority interest of which is wholly owned by the transferor.
(3) A "qualified tenant organization" means a formal
organization of tenants in the park in question, organized for
the purpose of purchasing the park, with membership made
available to all tenants with the only requirements for
membership being: (a) Payment of reasonable dues; and (b)
being a tenant in the park. [1993 c 66 § 4.]
59.23.025 Notice to qualified tenant organization of
sale of mobile home park—Time frame for negotiations—Terms—Transfer or sale to relatives. If notice of
a desire to purchase has been given under RCW 59.23.015,
a park owner shall notify the qualified tenant organization
that an agreement to purchase and sell has been reached and
the terms of the agreement, including the availability and
terms of seller financing, before closing a sale with any
other person or entity. If, within thirty days after the actual
notice has been received, the qualified tenant organization
tenders to the park owner an amount equal to two percent of
the agreed purchase price, refundable only according to this
chapter, together with a fully executed purchase and sale
agreement at least as favorable to the park owner as the
original agreement, the mobile home park owner must sell
the mobile home park to the qualified tenant organization.
The tenant organization must then close the sale on the same
terms as outlined in the original agreement between the park
owner and the prospective purchaser. In the case of seller
financing, a mobile home park owner may decline to sell the
mobile home park to the qualified tenant organization if,
based on reasonable and objective evidence, to do so would
present a greater financial risk to the seller than would
selling on the same terms to the original offeror.
If the qualified tenant organization fails to perform
under the terms of the agreement the owner may proceed
with the sale to any other party at these terms. If the park
owner thereafter elects to accept an offer at a price lower
than the price specified in the notice, the homeowners will
have an additional ten days to meet the price and terms and
conditions of this lower offer by executing a contract. If the
[Title 59 RCW—page 45]
59.23.025
Title 59 RCW: Landlord and Tenant
qualified tenant organization fails to perform following two
such opportunities, the park owner shall be free for a period
of twenty-four months to execute a sale of the park to any
other party.
A mobile home park owner who enters into a signed
agreement to sell or transfer the ownership of the mobile
home park to a relative or a legal entity composed of relatives or established for the benefit of relatives of the mobile
home park owner, who signs an agreement stating the
intention to maintain the property as a mobile home park is
exempted from the requirements of this section and RCW
59.23.030. [1993 c 66 § 5.]
59.23.030 Improper notice by mobile home park
owner—Sale may be set aside—Attorneys’ fees. Failure
on the part of a mobile home park owner to give notice as
required by this chapter renders a sale of the mobile home
park that occurs within thirty days of the time the qualified
tenant organization knows or has reason to know that a
violation of the notice provisions of RCW 59.23.015 has
occurred, voidable upon application to superior court after
notice and hearing. If the court determines that the notice
provisions of this chapter have been violated, the court shall
issue an order setting aside the improper sale. In an action
brought under this section, the court shall award the prevailing party attorneys’ fees and costs. For the purposes of this
section, a "prevailing party" includes any third party purchaser who appears and successfully defends his or her interest.
[1993 c 66 § 6.]
59.23.035 Notice to mobile home park owner of sale
of tenant’s mobile home—Time frame for negotiations—
Terms—Transfer or sale to relatives. If a mobile home
park owner gives written notice to all tenants residing in the
park, including new tenants at the commencement of their
tenancy, that he or she has a desire to purchase their mobile
homes, the mobile homes may be sold only according to the
following provisions:
(1) Before transfer of title to any other person or entity,
the mobile home owner shall notify the park owner if an
agreement to purchase and sell has been reached and specify
the terms of the agreement.
(2) If, within ten days of the notice, the mobile home
park owner tenders to the mobile home owner an amount
equal to five percent of the agreed purchase price, together
with a fully executed purchase and sale agreement, the
mobile home owner must sell the mobile home to the mobile
home park owner.
(3) The mobile home park owner must then perform
under the agreement and stand ready to close the sale
according to the terms of the agreement between buyer and
seller. Failure to perform under the terms of the agreement
on the part of the mobile home park owner results in the
forfeiture of the five percent deposit and voids the purchase
and sale agreement.
(4) The rights of the mobile home park owner or of the
mobile home owner under the purchase and sale agreement,
including the deposit, are not forfeited if the transaction fails
to close due to no fault or inability to perform on the part of
the seller.
[Title 59 RCW—page 46]
(5) In the case of seller financing, the mobile home
owner may decline to sell to the mobile home park owner if,
based on reasonable and objective evidence, to do so would
present a greater financial risk to the seller than would
selling to the original offeror.
A mobile home owner who enters into a signed agreement to sell or transfer the ownership of the mobile home to
a relative is exempted from the requirements of this section
and RCW 59.23.040. [1993 c 66 § 7.]
59.23.040 Improper notice by mobile home owner—
Sale may be set aside—Attorneys’ fees. Failure on the
part of a mobile home owner to give notice as required by
this chapter renders a sale of the mobile home that occurs
within sixty days of the time the mobile home park owner
knows or has reason to know that a violation of the notice
provisions of RCW 59.23.035 has occurred, voidable upon
application to superior court after notice and hearing. If the
court determines that the notice provisions of this chapter
have been violated, the court shall issue an order setting
aside the improper sale. In an action brought under this
section, the court shall award the prevailing party attorneys’
fees and costs. For the purposes of this section a "prevailing
party" includes a third party purchaser who appears and
successfully defends his or her interest. [1993 c 66 § 8.]
Chapter 59.24
RENTAL SECURITY DEPOSIT
GUARANTEE PROGRAM
Sections
59.24.010
59.24.020
59.24.030
59.24.040
59.24.050
59.24.060
59.24.900
Legislative findings.
Program established—Grants—Eligible participants.
Contracts required—Terms.
Authority of grant recipients.
Rules.
Sources of funds.
Severability—1988 c 237.
59.24.010 Legislative findings. The legislature finds
that one of the most difficult problems that temporarily
homeless persons or families face in seeking permanent
housing is the necessity of paying a security deposit in addition to paying the first month’s rent. The security deposit
requirement is often impossible for the temporarily homeless
person or family to meet because their savings are depleted
due, for example, to purchasing temporary shelter in a motel
when space at an emergency shelter was not available. A
program to guarantee the security deposit for the temporarily
homeless person or family will help the poor in this state
achieve adequate permanent shelter. [1988 c 237 § 1.]
59.24.020 Program established—Grants—Eligible
participants. (1) The department of community, trade, and
economic development shall establish the rental security
deposit guarantee program. Through this program the
department of community, trade, and economic development
shall provide grants and technical assistance to local governments or nonprofit corporations, including local housing
authorities as defined in RCW 35.82.030, who operate
emergency housing shelters or transitional housing programs.
(2002 Ed.)
Rental Security Deposit Guarantee Program
59.24.020
The grants are to be used for the payment of residential
rental security deposits under this chapter. The technical
assistance is to help the local government or nonprofit
corporation apply for grants and carry out the program. In
order to be eligible for grants under this program, the
recipient local government or nonprofit corporation shall
provide fifteen percent of the total amount needed for the
security deposit. The security deposit may include last
month’s rent where such rent is required as a normal practice
by the landlord.
(2) The grants and matching funds shall be placed by
the recipient local government or nonprofit corporation in a
revolving loan fund and deposited in a bank or savings
institution in an account that is separate from all other funds
of the recipient. The funds and interest earned on these
funds shall be utilized only as collateral to guarantee the
payment of a security deposit required by a residential rental
property owner as a condition for entering into a rental
agreement with a prospective tenant.
(3) Prospective tenants who are eligible to participate in
the rental security deposit guarantee program shall be limited
to homeless persons or families who are residing in an
emergency shelter or transitional housing operated by a local
government or a nonprofit corporation, or to families who
are temporarily residing in a park, car, or are otherwise
without adequate shelter. The local government or nonprofit
corporation shall make a determination regarding the
person’s or family’s eligibility to participate in this program
and a determination that a local rental unit is available for
occupation. A determination of eligibility shall include, but
is not limited to: (a) A determination that the person or
family is homeless or is in transitional housing; (b) a
verification of income and that the person or family can
reasonably make the monthly rental payment; and (c) a
determination that the person or family does not have the
financial resources to make the rental security deposit.
[1995 c 399 § 157; 1988 c 237 § 2.]
amounts of the security deposit actually paid by the tenant
and secondly against the guarantee. At no time during or
after the tenancy may the property owner make claims
against the guarantee in excess of that amount agreed to as
the guarantee.
(e) If a deduction from the guarantee fund is required,
it may be accomplished only to the extent permitted by the
contract and in the manner provided by law, including notice
to the legal agency or organization. The tenant shall have no
direct use of guarantee funds, including funds which may be
referred to as "last month’s rent."
(2) The department shall make available to local
governments and nonprofit corporations receiving grants
under this chapter the forms deemed necessary for the
contracts and the determination of eligibility. Local governments and nonprofit corporations may develop and use their
own forms as long as the forms meet the requirements specified in this chapter. [1988 c 237 § 3.]
59.24.030 Contracts required—Terms. (1) A threeparty contract shall be required of persons participating in
the rental deposit guarantee program. The parties to the
contract shall be the local government or nonprofit corporation operating a shelter for homeless persons or transitional
housing, the tenant, and the rental property owner. The
terms of the contract shall include, but are not limited to, all
of the following:
(a) The owner of the rental property shall agree to allow
the security deposit to be paid by the tenant over a specified
number of months as an addition to the regular rental
payment, rather than as a lump-sum payment.
(b) Upon execution of the agreement, the local government or nonprofit corporation shall encumber or reserve
funds in a special fund created under RCW 59.24.020, as a
guarantee of the contract, an amount no less than eighty
percent of the outstanding balance of the security deposit
owed by the tenant to the landlord.
(c) The tenant shall agree to a payment schedule of a
specified number of months in which time the total amount
of the required deposit shall be paid to the property owner.
(d) At any time during the operation of the guarantee,
the property owner shall make all claims first against
59.24.050 Rules. The department of community,
trade, and economic development may adopt rules to
implement this chapter, including but not limited to: (1) The
eligibility of and the application process for local governments and nonprofit corporations; (2) the criteria by which
grants and technical assistance shall be provided to local
governments and nonprofit corporations; and (3) the criteria
local governments and nonprofit corporations shall use in
entering into contracts with tenants and rental property
owners. [1995 c 399 § 158; 1988 c 237 § 5.]
(2002 Ed.)
59.24.040 Authority of grant recipients. A local
government or nonprofit corporation receiving a grant under
this chapter may utilize a portion of the allocation for costs
of administering and operating its rental security deposit
guarantee program. The department shall approve the
amount so utilized prior to expenditure, and the amount may
not exceed five percent of the allocation. The staff of the
grant recipient shall be responsible for soliciting housing
opportunities for low-income homeless persons, coordinating
with local low-income rental property owners, making
determinations regarding the eligibility of prospective tenants
for the program, and providing information to prospective
tenants on the tenant-property owner relationship, appropriate
treatment of property, and the importance of timely rental
payments. The staff of the grant recipient assigned to
administer the program shall be reasonably available to
property owners and tenants to answer questions or complaints about the program. [1988 c 237 § 4.]
59.24.060 Sources of funds. The department of
community, trade, and economic development may receive
such gifts, grants, or endowments from public or private
sources, as may be made from time to time, in trust or
otherwise, to be used by the department of community,
trade, and economic development for its programs, including
the rental security deposit guarantee program. Funds from
the housing trust fund, chapter 43.185 RCW, up to one
hundred thousand dollars, may be used for the rental security
deposit guarantee program by the department of community,
trade, and economic development, local governments, and
nonprofit organizations, provided all the requirements of this
[Title 59 RCW—page 47]
59.24.060
Title 59 RCW: Landlord and Tenant
chapter and chapter 43.185 RCW are met. [1995 c 399 §
159; 1988 c 237 § 6.]
59.24.900 Severability—1988 c 237. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1988 c 237 § 8.]
Chapter 59.28
FEDERALLY ASSISTED HOUSING
Sections
59.28.010
59.28.020
59.28.030
59.28.040
59.28.050
59.28.060
59.28.070
59.28.080
59.28.090
59.28.100
59.28.120
59.28.130
59.28.900
59.28.901
59.28.902
Legislative findings—Purpose.
Definitions.
Contracts—Expiration or termination—Notice—
Applicability.
Notice of expiration or prepayment—Owner’s duty.
Owner’s rights—Public regulatory powers—Applicability.
Notice of expiration or prepayment—Contents—Location—
Requests for information.
Removal of tenants—Notice of expiration or prepayment—
Timing.
Rent increase—Notice of expiration or prepayment—
Timing.
Modification of rental agreement—Notice of expiration or
prepayment—Timing.
Violations—Civil actions—Parties.
Department of community, trade, and economic development—Develop and provide information and technical
assistance.
Eviction of tenant—Restriction.
Severability—1989 c 188.
Severability—2000 c 255.
Effective date—2000 c 255.
59.28.010 Legislative findings—Purpose. The
legislature finds that:
(1) There is a severe shortage of federally assisted
housing within the state of Washington. Over one hundred
seventy thousand low and moderate-income households are
eligible for federally assisted housing but are unable to
locate vacant units.
(2) Within the next twenty years, more than twenty-six
thousand existing low-income housing units may be lost as
a result of the prepayment of mortgages or loans by the
owners, or as a result of the expiration of rental assistance
contracts. Over three thousand units of federally assisted
housing have already been lost and an additional nine
thousand units may be lost within the next two and one-half
years.
(3) Recent reductions in federal housing assistance and
tax benefits related to low-income housing make it uncertain
whether additional units of federally assisted housing will be
built or that those lost will be replaced.
(4) The loss of federally assisted housing will adversely
affect current tenants and lead to their displacement. It will
also drastically reduce the supply of affordable housing in
our communities.
It is the purpose of this chapter to preserve federally assisted housing in the state of Washington and to minimize
the involuntary displacement of tenants currently residing in
such housing. [1989 c 188 § 1.]
[Title 59 RCW—page 48]
59.28.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Federally assisted housing" means any multifamily
housing that is insured, financed, assisted, or held by the
secretary of housing and urban development or the secretary
of agriculture under:
(a) Section 8 of the United States housing act of 1937,
as amended (42 U.S.C. Sec. 1437f);
(b) Section 101 of the housing and urban development
act of 1965, as amended (12 U.S.C. Sec. 1701s);
(c) The following sections of the national housing act:
(i) Section 202 (12 U.S.C. Sec. 1701q);
(ii) Section 213 (12 U.S.C. Sec. 1715e);
(iii) Section 221(d) (3) and (4) (12 U.S.C. Sec. 17151(d)
(3) and (4));
(iv) Section 223(f) (12 U.S.C. Sec. 1715n(f));
(v) Section 231 (12 U.S.C. Sec. 1715v); or
(vi) Section 236 (12 U.S.C. Sec. 1715z-1); and
(d) The following sections of the housing act of 1949,
as amended:
(i) Section 514 (42 U.S.C. Sec. 1484);
(ii) Section 515 (42 U.S.C. Sec. 1485);
(iii) Section 516 (42 U.S.C. Sec. 1486);
(iv) Section 521(a)(1)(B) (42 U.S.C. Sec. 1490a(a)(1));
or
(v) Section 521(a)(2) (42 U.S.C. Sec. 1490a(a)(2)).
(2) "Rental agreement" means any agreement that
establishes or modifies the terms, conditions, rules, regulations, or any other provision concerning the use and occupancy of a federally assisted housing unit.
(3) "Owner" means the current or subsequent owner or
owners of federally assisted housing.
(4) "Low-income use restrictions" means any federal,
state, or local statute, rule, regulation, ordinance, or contract
which, as a condition of receipt of any federal, state, or local
financial assistance, establishes maximum limitations on
tenant income as a condition of eligibility for occupancy of
the units within a development, imposes any restrictions on
the maximum rents that could be charged for any of the
units within a development, or requires that rent for any of
the units within a development be reviewed by any governmental body or agency before the rents are implemented.
(5) "Prepayment" means the payment in full or refinancing of the federally insured or federally held mortgage or
loan prior to its original maturity date, or the voluntary
cancellation of mortgage insurance, if that would have the
effect of terminating any low-income use restrictions.
(6) "Public housing agency" means any state or local
agency or nonprofit entity that is authorized to administer
tenant-based rental assistance under federal, state, or local
law. [2000 c 255 § 1; 1989 c 188 § 2.]
59.28.030 Contracts—Expiration or termination—
Notice—Applicability. (1) This chapter shall not apply to
the expiration or termination of a housing assistance contract
between a public housing agency and an owner of existing
housing participating in either the section 8 certificate or
voucher program (42 U.S.C. Sec. 1437f).
(2) An owner of federally assisted housing shall not be
required to give notice of a prepayment under this chapter,
(2002 Ed.)
Federally Assisted Housing
if the owner has: (a) Entered into an agreement with a
federal, state, or local agency continuing existing, or imposing new, low-income use restrictions for at least twenty
years that ensure that the tenants residing in the development
at the time of prepayment are not involuntarily displaced
except for good cause and that the housing will continue to
serve very low and low-income families and persons in need
of affordable housing; and (b) served notice of the agreement
on the clerk of the city, or county if in an unincorporated
area, in which the property is located, on any public housing
agency that would be responsible for administering tenantbased rental assistance to persons who would otherwise be
displaced from this housing, and on the department of
community, trade, and economic development by regular and
certified mail and posted a copy of the agreement in a
conspicuous place at the development where it is likely to be
seen by the tenants. The posted agreement shall be maintained intact and in legible form for the life of the agreement.
(3) An owner of federally assisted housing is not
required to give notice that a rental assistance contract is
expiring if: (a) The owner has entered into an agreement
with the United States department of housing and urban
development or other federal, state, or local agency to renew
the rental assistance contract for a minimum of five years
subject to the availability of adequate appropriations; (b) the
agreement itself does not expire in less than twelve months;
and (c) the owner has served written notice of the agreement
on the clerk of the city, or county if in an unincorporated
area, in which the property is located, on any public housing
agency that would be responsible for administering tenantbased rental assistance to persons who would otherwise be
displaced from this housing, and on the department of
community, trade, and economic development, by regular
and certified mail and posted these notices in a conspicuous
place at the development where they are likely to be seen by
the tenants. The posted notices shall be maintained intact
and in legible form for the life of the agreement to renew the
rental assistance contract. [2000 c 255 § 2; 1989 c 188 § 3.]
59.28.040 Notice of expiration or prepayment—
Owner’s duty. Except as provided in RCW 59.28.030, all
owners of federally assisted housing shall, at least twelve
months before the expiration of the rental assistance contract
or prepayment of a mortgage or loan, serve a written notice
of the anticipated expiration or prepayment date on each
tenant household residing in the housing, on the clerk of the
city, or clerk of the county legislative authority if in an
unincorporated area, in which the property is located, on any
public housing agency that would be responsible for administering tenant-based rental assistance to persons who would
otherwise be displaced from this housing, and on the
department of community, trade, and economic development,
by regular and certified mail. All owners of federally
assisted housing shall also serve written notice of the
anticipated expiration or prepayment date on each tenant
household that moves into the housing after the initial notice
has been given, but before the expiration of the rental
assistance contract or prepayment of the mortgage or loan.
This notice shall be given before a new tenant is asked to
execute a rental agreement or required to pay any deposits.
(2002 Ed.)
59.28.030
[2002 c 30 § 3; 2000 c 255 § 3; 1995 c 399 § 160; 1989 c
188 § 4.]
59.28.050 Owner’s rights—Public regulatory
powers—Applicability. This chapter shall not in any way
prohibit an owner of federally assisted housing from terminating a rental assistance contract or prepaying a mortgage
or loan. The requirement in this chapter for notice shall not
be construed as conferring any new or additional regulatory
power upon the city or county clerk or upon the department
of community, trade, and economic development. [1995 c
399 § 161; 1989 c 188 § 5.]
59.28.060 Notice of expiration or prepayment—
Contents—Location—Requests for information. (1) The
notice to tenants required by RCW 59.28.040 shall state:
(a) Whether the owner (i) intends to prepay the mortgage or loan or allow the rental assistance contract to expire
in order to operate the housing without any low-income use
restrictions, (ii) plans on renewing the rental assistance
contract subject to the availability of adequate appropriations,
or (iii) is seeking additional financial incentives or higher
rents as a condition of remaining in the federal program; (b)
the reason the owner plans on taking this action; (c) the
owner’s plans for the project, including any timetables or
deadlines for actions to be taken by the owner and any
specific federal, state, or local agency approvals that the
owner is required to obtain; (d) the anticipated date of the
prepayment of the mortgage or loan or expiration of the
rental assistance contract; (e) the effect, if any, that prepayment of the mortgage or loan or expiration of the rental
assistance contract will have upon the tenants’ rent and other
terms of their rental agreement; and (f) that additional
information will be served on the city or county, on the local
public housing agency, and on the department of community,
trade, and economic development and will be posted at the
development. The owner shall also include with the notice
written information, prepared by the department of community, trade, and economic development under RCW
59.28.120(1), concerning the legal rights, responsibilities, and
options of owners and tenants when an owner intends to
prepay a mortgage or loan or terminate a rental assistance
contract.
(2) The notice to the city or county clerk and to the
department of community, trade, and economic development
required by RCW 59.28.040 shall state: (a) The name,
location, and project number of the federally assisted housing
and the type of assistance received from the federal government; (b) the number and size of units; (c) the age, race,
family size, and estimated incomes of the tenants who will
be affected by the prepayment of the loan or mortgage or
expiration of the federal assistance contract; (d) the current
rents and projected rent increases for each affected tenant
after the prepayment of the mortgage or loan or expiration
of the rental assistance contract without disclosing the
identities of the affected tenants; (e) the availability and type,
if any, of rental assistance after the prepayment of the mortgage or loan or expiration of the rental assistance contract;
and (f) the age, race, family size, and estimated incomes of
any applicants on the project’s waiting list without disclosing
the identities of the applicants. The owner shall attach to
[Title 59 RCW—page 49]
59.28.060
Title 59 RCW: Landlord and Tenant
this notice a copy of the notice the owner sends to the tenants under this chapter.
(3) All owners of federally assisted housing shall
immediately post a copy of any notices they send the city or
county clerk, any public housing agency, and the department
of community, trade, and economic development, under
RCW 59.28.040, in a conspicuous place at the development
where they are likely to be seen by current and prospective
tenants. The notices shall be maintained intact and in legible
form for twelve months from the date they are posted.
All owners of federally assisted housing shall, upon
request of any state or local agency, provide the agency with
a copy of any rent comparability study, market analysis, or
projected budget that they submit to the United States
department of housing and urban development or other
federal agency in conjunction with the prepayment of their
mortgage or loan or in anticipation of the expiration of their
rental assistance contract, together with any physical inspection reports or capital needs assessments completed by the
owner or federal agency within the last three years. [2000
c 255 § 4; 1995 c 399 § 162; 1989 c 188 § 6.]
entitled to receive notice under this chapter shall also recover
statutory damages of fifty dollars. [2000 c 255 § 6; 1989 c
188 § 10.]
59.28.070 Removal of tenants—Notice of expiration
or prepayment—Timing. From the date of service of the
notice under RCW 59.28.040 until either twelve months have
elapsed or expiration or prepayment of the rental assistance
contract or mortgage or loan, whichever is later, no owner of
federally assisted housing may evict a tenant or demand
possession of any federally assisted housing unit, except as
authorized by the federal assistance program applicable to
the project, prior to expiration or prepayment of the rental
assistance contract or mortgage or loan. [1989 c 188 § 7.]
59.28.120 Department of community, trade, and
economic development—Develop and provide information
and technical assistance. The department of community,
trade, and economic development shall within ninety days
after March 31, 2000, consult with all interested stakeholders
and develop and provide to owners and tenants of federally
assisted housing, state and local agencies, and other interested persons all of the following:
(1) Written information concerning the legal rights,
responsibilities, and options of owners and tenants when an
owner intends to prepay a mortgage or loan or terminate a
rental assistance contract. This information shall include the
name and telephone number of any qualified legal aid
program that provides civil legal services to indigent persons
and of any other state, regional, or local organization that
can be contacted to request additional information about an
owner’s responsibilities and the rights and options of an
affected tenant;
(2) Written information sufficient to enable an owner of
federally assisted housing to comply with the notification
requirements of this chapter, including the name and address
of any public housing agency that would be responsible for
administering tenant-based rental assistance to persons who
would otherwise be displaced from federally assisted
housing; and
(3) Any other information or technical assistance the
department determines will further the purposes of this
chapter. [2000 c 255 § 7.]
59.28.080 Rent increase—Notice of expiration or
prepayment—Timing. From the date of service of the
notice under RCW 59.28.040 until either twelve months have
elapsed or expiration or prepayment of the rental assistance
contract, mortgage, or loan, whichever is later, no owner of
federally assisted housing may increase the rent of a federally assisted housing unit, or the share of the rent paid by the
tenant, above the amount authorized by the federal assistance
program applicable to the project prior to expiration or
prepayment of the rental assistance contract or mortgage or
loan. [2000 c 255 § 5; 1989 c 188 § 8.]
59.28.130 Eviction of tenant—Restriction. An
owner of federally assisted housing who prepays the mortgage or loan or whose rental assistance contract expires and
who continues to operate the property as residential housing
within the scope of this chapter shall not evict a tenant
residing in the dwelling unit when the mortgage or loan is
prepaid or the rental assistance contract expires, except as
authorized by the federal assistance program applicable to
the project prior to prepayment of the mortgage or loan, or
expiration of the rental assistance contract. [2000 c 255 §
8.]
59.28.090 Modification of rental agreement—Notice
of expiration or prepayment—Timing. From the date of
service of the notice under RCW 59.28.040 until either
twelve months have elapsed or expiration or prepayment of
the rental assistance contract, mortgage, or loan, whichever
is later, no owner of federally assisted housing may change
the terms of the rental agreement, except as permitted under
the existing rental agreement, prior to expiration or prepayment of the rental assistance contract or mortgage or
loan. [1989 c 188 § 9.]
59.28.900 Severability—1989 c 188. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 188 § 12.]
59.28.100 Violations—Civil actions—Parties. Any
party who is entitled to receive notice under this chapter may
bring a civil action to enjoin or recover actual damages for
any violation of this chapter, together with the costs of the
suit including reasonable attorneys’ fees. Any tenant who is
[Title 59 RCW—page 50]
59.28.901 Severability—2000 c 255. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [2000 c 255 § 10.]
59.28.902 Effective date—2000 c 255. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
(2002 Ed.)
Federally Assisted Housing
59.28.902
existing public institutions, and takes effect immediately
[March 31, 2000]. [2000 c 255 § 11.]
(2002 Ed.)
[Title 59 RCW—page 51]
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